Crown Employees (Parliament House Conditions of Employment) Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1686 of 2007)

 

 

REVIEWED AWARD

 

PART A

 

1.  Arrangement

 

Clause No.         Subject Matter

 

1.         Arrangement

2          Definitions

3.         Area Incidence and Duration

4.         Terms of Employment

5.         Local Arrangements

6.         Hours of Duty and Attendance

7.         Notification of Absence from Duty

8.         Public Holidays

9.         Standard Hours

10.       Flexible Working Hours Scheme

11.       38-Hour Week Workers - Rostered Days Off

12.       Non-Compliance with Hours of Duty and Attendance

13.       Existing Determinations and Agreements - Hours of Duty

14.       Travel Allowances

15.       Allowance Payable for the Use of Private Motor Vehicles

16.       Overseas Travel Allowance

17.       Staff Exchanges

18.       Community Language Allowance Scheme (CLAS)

19.       First Aid Allowance

20.       Semi-Official Telephone Reimbursement

21.       On-Call Allowance

22.       Service Increments Allowance

23.       Uniforms, Protective Clothing and their maintenance

24.       Compensation for Damage to or Loss of Staff Members’ Personal Property

25.       Monitoring of Computerised Building Maintenance System Allowance

26.       Leading Hand Allowance

27.       Adjustment of Allowances

28.       Leave - General

29.       Leave for Casual Employees

30.       Recreation Leave

31.       Annual Leave Loading

32.       Sick Leave

33.       Sick Leave - Workers Compensation

34.       Sick Leave - Other than Workers Compensation

35.       Sick Leave - Requirements for Medical Certificate

36.       Sick Leave to Care for a Family Member

37.       Parental Leave

38.       Family and Community Service Leave

39.       Observance of Essential Religious or Cultural Obligations

40.       Extended Leave

41.       Leave Without Pay

42.       Military Leave

43.       Special Leave

44.       Study Assistance

45.       Staff Development and Training Activities

46.       Trade Union Activities

47.       Shiftwork

48.       Overtime

49.       Grievance and Dispute Settling Procedures

50.       Anti-Discrimination

51.       Existing Entitlements

52.       Deduction of Union Membership Fees

53.       Secure Employment

 

PART B

 

MONETARY RATES

 

Table 1 - Allowances.

 

2.  Definitions

 

"Act" means Public Sector Employment and Management Act 2002.

 

"Accumulation" means the accrual of leave or time.  In respect of weekly study time "accumulation" means the aggregation of short periods of weekly study time which is granted for private study purposes.

 

"Agreement" means an agreement as defined in the Industrial Relations Act 1996.

 

"Approved Course" means a course which is relevant to the employment of the staff member in the department or the public service and one which has been approved by the Clerk(s).

 

"Association" means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

"At the convenience of" means the operational requirements permit the staff member's release from duty or that satisfactory arrangements are able to be made for the performance of the staff member's duties during the absence.

 

"Award" means an award as defined in the Industrial Relations Act 1996.

 

"Birth" means the birth of a child and includes stillbirth.

 

"Capital City rate" means the travelling allowance rate applicable within the Sydney Telephone District or within a corresponding area in the Capital City of another State and Territory.

 

"Casual rate" means the appropriate rate payable in respect of a motor vehicle maintained by the staff member for private purposes but which the staff member may elect to use with the approval of the Clerk(s) for occasional travel on official business, subject to the allowance paid for such travel not exceeding the cost of travel by public or other available transport.

 

"Clerk(s)" means the Clerk of the Legislative Assembly or the Clerk of the Legislative Council or both or a person authorised by the Clerk(s).

 

"Contract hours for the day" for a full time staff member, means one fifth of the full time contract hours, as defined in this award.  For a part time staff, contract hours for the day means the hours usually worked on the day.

 

"Daily rate" or "Rate per day" means the rate payable for 24 hours, unless otherwise specified.

 

"Daily span of hours", means, for a staff member required to work standard hours, the full time standard hours defined in this award.  For a staff member required to work flexible hours the daily span of hours" means the hours which normally fall within the bandwidth of the scheme applicable to the staff member and which do not attract the payment of overtime, unless otherwise prescribed in this award.

 

"Dayworker" means a staff member, other than a shift worker, who works the ordinary hours from Monday to Friday inclusive between the hours of 7.30 am and 6.00 pm or as negotiated under a local arrangement.

 

"Department" means a unit under the administrative control of the Clerk of the Parliaments in respect of the Legislative Council and the Clerk of the Legislative Assembly in respect of the Legislative Assembly, or both of them in respect of jointly administered departments.

 

"DPE" means the Director of Public Employment which has the same meaning as in the Public Sector Employment and Management Act 2002.

 

"Electorate Officers" means employees of the Speaker of the Legislative Assembly employed in the Electorate Offices of Members of the Legislative Assembly.

 

"Expected date of birth", in relation to a staff member who is pregnant, means a date specified by her medical practitioner to be the date on which the medical practitioner expects the staff member to give birth as a result of the pregnancy.

 

"Extended leave" means extended (long service) leave to which a staff member is entitled equivalent to Schedule 3 to the Public Sector Employment and Management Act 2002.

 

"Flexible working hours credit" means the time exceeding the contract hours for a settlement period and is able to be banked under a local arrangement negotiated pursuant to clause 5, Local Arrangements of this award or carried over into the next settlement period.

 

"Flexible working hours debit" means the contract hours not worked by a staff member and not covered by approved leave during the settlement period, as well as any debit carried over from the previous settlement period or periods.

 

"Flexible working hours scheme" means the scheme outlined in clause 10, Flexible Working Hours Scheme of this award which enables staff members, subject to operational requirements, to select their starting and finishing times.

 

"Flexible Work Practices, Policy and Guidelines" means the document negotiated between the Public Employment Office, the Labour Council of New South Wales and affiliated unions which enables staff members to rearrange their work pattern.

 

"Flex leave" means a period of leave available to be taken by a staff member as specified in subclause (xv) of clause 10, Flexible Working Hours Scheme of this award.

 

"Full day" means the standard full time contract hours for the day, i.e., 7 or 8 hours depending on the classification of the staff member.

 

"Full pay" or "half pay" means the staff member's ordinary rate of pay or half the ordinary rate of pay respectively.

 

"Full-time contract hours" means the standard weekly hours, i.e., 35 or 38 hours per week, depending on the classification, required to be worked as at the date of this award.

 

"Full-time position" means a position, which is occupied, or if not for being vacant, would be occupied, by a full-time staff member.

 

"Full-time staff member" means a staff member whose ordinary hours of duty are specified as such in a formal industrial instrument or whose contract hours are equivalent to the full-time contract hours for the job classification.

 

"Government accommodation" means accommodation owned, leased or arranged by the Government where a staff member may be directed to reside for a specified period of time.

 

"Half day" means half the standard contract hours for the day.

 

"Headquarters" means the centre to which a staff member is attached or from which a staff member is required to operate on a long term basis.

 

"Industrial action" means industrial action as defined in the Industrial Relations Act 1996.

 

"Local Arrangement" means an agreement reached at the organisational level between the Clerk(s) and the relevant trade union in terms of clause 5, Local Arrangements of this award.

 

"Local holiday" means a holiday which applies to a particular township or district of the State and which is not a public holiday throughout the State.

 

"Members’ staff" means staff employed by the President of the Legislative Council employed as personal staff to a Member of the Legislative Council and staff employed by the Speaker of the Legislative Assembly as electorate office staff to a Member of the Legislative Assembly

 

"Normal hours of duty" means:

 

for a staff member working standard hours - the fixed hours of duty, with an hour for lunch, worked in the absence of flexible working hours;

 

for a staff member working under a flexible working hours scheme or local arrangement hours of duty the Clerk(s) requires a staff member to work within the bandwidth specified under the flexible working hours scheme or local arrangement.

 

"Normal work", for the purposes of clause 49, Grievance and Dispute Settling Procedures of this award, means the work carried out in accordance with the staff member's position or job description at the location where the staff member was employed, at the time the grievance or dispute was notified by the staff member.

 

"Official business rate" means the appropriate rate of allowance payable for the use of a private motor vehicle where no other transport is available and such use is directed by the Clerk(s) and agreed to by the staff member or where the staff member is unable to use other transport due to a disability.

 

"Official overseas travel" means authorised travel out of Australia by a staff member where the staff member proceeds overseas on official business.

 

"On duty" means the time required to be worked for the department. In terms of clause 46, Trade Union Activities of this award, trade union activities regarded as "on duty" means the time off with pay given by the department to the accredited union delegate to enable the union delegate to carry out legitimate trade union activities during ordinary work hours without being required to lodge an application for leave.

 

"On loan" means an arrangement between the department and the trade union where a staff member is given leave of absence from the workplace to take up employment with the staff member's trade union for a specified period of time during which the trade union is required to reimburse the department for the staff member's salary and associated on-costs.

 

"On special leave" means the staff member is required to apply for special leave in order to engage in an activity which attracts the grant of special leave in the terms of this award.

 

"Overtime" means all time worked, whether before or after the ordinary daily hours of duty, at the direction of the Clerk(s), which, due to its character or special circumstances, cannot be performed during the staff member's ordinary hours of duty. Where a flexible working hours scheme is in operation, overtime shall be deemed as the hours directed to be worked before or after bandwidth or before or after the time specified in a local arrangement made pursuant to the provisions of clause 10, Local Arrangements of this award provided that, on the day when overtime is required to be performed, the staff member shall not be required by the Clerk(s) to work more than 7 hours after finishing overtime or before commencing overtime.

 

"Parliamentary Reporting Staff" are employees classified as Reporters, Subeditors, Senior Subeditor and Deputy Editor of the Parliamentary Reporting Services Department.

 

"Part-time entitlement", unless specified otherwise in this award, means pro rata of the full-time entitlements calculated according to the number of hours a staff member works in a part-time position or under a part-time arrangement.

 

"Part-time hours" means the hours, which are less than the hours, which constitute full-time work under the relevant industrial instrument.

 

"Part-time position" means a designated part-time position and, unless otherwise specified, includes any position, which is filled on a part-time basis.

 

"Part-time staff member" means a staff member whose ordinary hours of duty are specified as part-time in a formal industrial instrument or whose contract hours are less than the full-time hours.

 

"Prescribed ceasing time" means, for a staff member working standard hours, the conclusion of daily standard hours for that staff member. For a staff member working under a flexible working hours scheme, "prescribed ceasing time" means the conclusion of bandwidth of the scheme applying to that staff member.

 

"Prescribed starting time" means, for a staff member not working under a flexible working hours scheme, the commencement of standard daily hours of that staff member. For a staff member working under a flexible working hours scheme, "prescribed starting time" means the commencement of bandwidth of the scheme applying to that staff member.

 

"Presiding Officers" means the Speaker of the Legislative Assembly or the President of the Legislative Council or both.

 

"Public holiday" means a day proclaimed under the Banks and Bank Holidays Act 1912 as a bank or public holiday. This definition does not include a Saturday which is such a holiday by virtue of section 15A of that Act, and 1 August or such other day that is a bank holiday instead of 1 August.

 

"Recall to duty" means those occasions when a staff member is directed to return to duty outside the staff member's ordinary hours or outside the bandwidth in the case of a staff member working under a flexible working hours scheme.

 

"Relief staff" means staff employed on a temporary basis to provide relief in a position until the return from authorised leave of the substantive occupant or in a vacant position until it is filled substantively.

 

"Remote area" means for the purpose of clause 30, Recreation Leave, the Western and Central Division of the State described as such in the Second Schedule to the Crown Lands Consolidation Act 1913 before the Acts  repeal.

 

"Residence", in relation to a staff member, means the ordinary and permanent place of abode of the staff member.

 

"Rostered Day Off" means, for the purposes of clause 11, 38 Hour Week Workers Rostered Days Off, a day off in a regular cycle at a time operationally convenient.

 

"Seasonal staff" means staff employed on a temporary basis for less than three months to meet seasonal demands which cannot be met by staff already employed in the department and which, because of their seasonal nature, do not justify employment of staff on a long-term basis.

 

"Secondment" means an arrangement agreed to by the Clerk(s), the staff member and a public service department, a public sector organisation or a private sector organisation, which enables the staff member to work in such other organisation for an agreed period of time and under conditions agreed to prior to the commencement of the period of secondment.

 

"Section" means a small unit under the administrative control of the Clerk of the Parliaments in respect of the Legislative Council and the Clerk of the Legislative Assembly in respect of the Legislative Assembly, or both of them in respect of jointly administered sections.

 

"Security Officer" means a staff member employed by Parliamentary Security Services on a 24 hour 7 days per week continuous roster.

 

"Sessional Staff" means an officer as defined from time to time by the Clerk of the Parliaments in respect of the Legislative Council and the Clerk of the Legislative Assembly in respect of the Legislative Assembly, or both of them in respect of jointly administered departments or sections.  Staff members shall be designated as Sessional Staff by 1 December each leave year and shall as part of the duties of their position be regularly required to work at least two sitting nights in every sitting period.

 

"Shift worker - Continuous Shifts" means a staff member engaged in work carried out in continuous shifts throughout the 24 hours of each of at least six consecutive days without interruption except during breakdown or meal breaks or due to unavoidable causes beyond the control of the Clerk(s).

 

"Shift worker - Non-continuous Shifts" means a staff member who is not a "day worker" or a "shift worker - continuous shifts", as defined above.

 

"Short leave" means the leave which was available to be granted to staff in the case of pressing necessity and which was replaced by family and community service leave from 20 September 1994.

 

"Sitting Day" is a period of time representing any day, being a 24-hour period, or days where:

 

(a)        in respect of Officers of the Legislative Council, the Legislative Council sits or is scheduled to sit;

 

(b)        in respect of officers of the Legislative Assembly, the Legislative Assembly sits or is scheduled to sit;

 

(c)        officers in any joint department or section are required to work and where either or both Houses sit or are scheduled to sit.

 

"Sitting Period" is a period of time representing a full working week, Monday to Friday, inclusive:

 

(a)        for officers of the Legislative Council during which that House is scheduled to sit;

 

(b)        for officers of the Legislative Assembly during which that House is scheduled to sit;

 

(c)        for officers in any joint department or section during which either or both Houses are scheduled to sit.

 

"Staff member" means an officer or a temporary employee and, unless otherwise specified in this award, includes both full-time and part-time staff. For the purposes of maternity leave, as set out in clause 37, Parental Leave of this award, "staff member" means a female staff member.

 

"Standard hours" are set and regular hours of operation as determined by the Presiding Officer(s), or by the Clerk(s) in accordance with any direction of the Presiding Officer(s). Standard hours are generally the hours which were in operation prior to the introduction of flexible working hours or have been determined as standard hours for the organisation since the introduction of flexible working hours.

 

"Standby" means an instruction given by the Clerk(s) to a staff member to be available for immediate contact in case of an authorised call-out requiring the performance of duties.

 

"Study leave" means leave without pay granted for courses at any level or for study tours during which financial assistance may be approved by the Clerk(s), if the activities to be undertaken are considered to be of relevance or value to the department and/or the public service.

 

"Study Time" means the time allowed off from normal duties on full pay to a staff member who is studying in a part-time course which is of relevance to the department.

 

"Supervisor" means the immediate supervisor or manager of the area in which a staff member is employed or any other staff member authorised by the Clerk(s) to fulfil the role of a supervisor or manager, other than a person employed as a consultant or contractor.

 

"Temporary work location" means the place at or from which a staff member temporarily performs official duty if required to work away from headquarters.

 

"Trade Union" or "Union" means a registered trade union, as defined in the Industrial Relations Act 1996.

 

"Trade Union Delegate" means an accredited union delegate responsible for his/her workplace; and/or a person who is elected by the trade union as its representative, an executive member or a member of the union's Council.

 

"Trade Union Official" means a person who is employed by the union to carry out duties of an official in a permanent or temporary capacity, including elected full-time officials and/or staff members placed on loan to the union for an agreed period of time.

 

"Workplace" means the whole of the organisation or, as the case may be, a branch or section of the organisation in which the staff member is employed.

 

"Workplace Management" means the Clerk(s) or any other person authorised by the Clerk(s) to assume responsibility for the conduct and effective, efficient and economical management of the functions and activities of the organisation or part of the organisation.

 

3.  Area Incidence and Duration

 

(i)         This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Parliament House Conditions of Employment 2004) Award published 11 February 2005 (348 I.G. 445) and all variations thereof.

 

(ii)        The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 18 February 2008.

 

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

 

4.  Terms of Employment

 

(i)         Staff members shall be paid fortnightly.

 

(ii)        Notwithstanding anything contained in this award employment may be terminated by two weeks’ notice given at any time by the Presiding Officer(s) in writing or such longer period as the Presiding Officer(s) may have contracted with any individual staff member.  A staff member desiring to terminate their employment with the Presiding Officer(s) shall give two weeks’ notice in writing to the Presiding Officer(s) or such longer period as the Presiding Officer(s) may have contracted with any individual staff member.

 

(iii)       Provided that nothing contained in this clause shall prevent a staff member’s employment being terminated without notice on the grounds of the staff member’s serious wilful misconduct.

 

5.  Local Arrangements

 

(i)         Local arrangements, as specified in this award, may be negotiated between the Clerk(s) and the relevant trade union in respect of the whole department or section.

 

(ii)        All local arrangements negotiated between the Clerk(s) and the Association must be:

 

(a)        approved in writing by the General Secretary of the Association; and

 

(b)        contained in a formal document, such as a co-lateral agreement, a memorandum of understanding, an enterprise agreement or other industrial instrument.

 

(iii)       Subject to the provisions of subclause (ii) of this clause, nothing in this clause shall prevent the negotiation of local arrangements between the Clerk(s) and the Association in respect of the provisions contained in clause 10, Flexible Working Hours Scheme of this award, where the conditions of employment of any group are such that the application of the standard flextime provisions would not be practicable.

 

6.  Hours of Duty and Attendance

 

(i)         Hours of attendance on duty

 

(a)        The hours of attendance on duty by members of staff and the manner of recording the attendance, shall be as determined from time to time by the Clerk(s).

 

(b)        The staff member in charge of a department or section will be responsible to the Clerk(s) for the proper observance of the hours of work and the proper recording of such attendance.

 

(c)        The Clerk(s) may require a staff member to perform duty beyond the hours determined under paragraph (a) of subclause (i) of this clause but only if it is reasonable for the staff member to be required to do so. A staff member may refuse to work additional hours in circumstances where the working of such hours would result in the staff member working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:

 

the staff member's prior commitments outside the workplace, particularly the staff member's family and carer responsibilities, community obligations or study arrangements,

 

any risk to the staff member’s health and safety,

 

the urgency of the work required to be performed during additional hours  the impact on the operational commitments of the organisation and the effect on client services,

 

the notice (if any) given by the Clerk(s) regarding the working of the additional hours, and by the staff member of their intention to refuse the working of additional hours, or

 

any other relevant matter.

 

(d)        The application of hours of work is subject to the provisions of this clause.

 

(ii)        Working Hours

 

(a)        The ordinary hours may be standard or flexible and may be worked on a full time or part-time basis.

 

(b)        The Clerk(s) shall ensure that all staff members employed in the department are informed of the hours of duty required to be worked and of their rights and responsibilities in respect of such hours of duty.

 

(c)        Morning and Afternoon Breaks - Staff members may take a 10 minute morning break, provided that the discharge of public business is not affected and, where practicable, they do so out of the view of the public contact areas.  Staff members, other than the 38-hour week workers, may also take a 10 minute afternoon break, subject to the same conditions as apply to the morning break.

 

(d)        Meal breaks - meal breaks must be given to and taken by staff members. No staff member shall be required to work continuously for more than 5 hours without a meal break, provided that:

 

(1)        where the prescribed break is more than 30 minutes, the break may be reduced to not less than 30 minutes if the staff member agrees. If the staff member requests to reduce the break to not less than 30 minutes, the reduction must be operationally convenient; and

 

(2)        where the nature of the work of a staff member or a group of staff members is such that it is not possible for a meal break to be taken after not more than 5 hours, local arrangements may be negotiated between the Clerk(s) and the Association to provide for payment of a penalty.

 

(e)        Variation of Hours - If the Clerk(s) is satisfied that a staff member is unable to comply with the general hours operating in the department because of limited transport facilities, urgent personal reasons, community or family reasons, the Clerk(s) may vary the staff member's hours of attendance on a one off, short or long term basis, subject to the following:

 

(1)        the variation does not adversely affect the operational requirements;

 

(2)        there is no reduction in the total number of daily hours to be worked;

 

(3)        variation is not more than an hour from the commencement or finish of the span of usual commencing and finishing time;

 

(4)        a lunch break of one hour is available to the staff member, unless the staff member elects to reduce the break to not less than 30 minutes;

 

(5)        no overtime or meal allowance payments are made to the staff member, as a result of an agreement to vary the hours;

 

(6)        ongoing arrangements are documented; and

 

(7)        the relevant trade union is consulted, as appropriate, on any implications of the proposed variation of hours for the work area.

 

(f)         Natural emergencies and major transport disruptions - A staff member prevented from attending work at a normal work location by a natural emergency or by a major transport disruption may:

 

(1)        apply to vary the working hours as provided in paragraph (e) of subclause (ii) of this clause and/or

 

(2)        take available family and community service leave and/or flex leave, recreation or extended leave or leave without pay according to the provisions of this award to cover the period concerned.

 

(g)        Assistance with transport - The extent of any assistance by the department with transport of a staff member between the workplace and residence or part of the distance involved, shall be determined by the Clerk(s) according to the provisions contained in clause 48, Overtime of this award.

 

7.  Notification of Absence from Duty

 

(i)         If a staff member is to be absent from duty, other than on authorised leave, the staff member must notify the supervisor, or must arrange for the supervisor to be notified, as soon as possible, of the reason for the absence.

 

(ii)        If a staff member is absent from duty without authorised leave and does not provide an explanation of the absence to the satisfaction of the appropriate Clerk(s), the amount representing the period of absence shall be deducted from the staff member's pay.

 

8.  Public Holidays

 

(i)         Unless directed to attend for duty by the Clerk(s), a staff member is entitled to be absent from duty on any day which is:

 

(a)        a public holiday throughout the State; or

 

(b)        a local holiday in that part of the State at or from which the staff member performs duty; or

 

(c)        day between Boxing Day and New Year's Day determined by the appropriate Clerk(s) as a public service holiday.

 

(ii)        A staff member, who is required by the Clerk(s) to work on a local holiday may be granted time off in lieu on an hour for hour basis for the time worked on a local holiday.

 

(iii)       If a local holiday falls during a staff member's absence on leave, the staff member is not to be credited with the holiday.

 

9.  Standard Hours

 

(i)         Standard hours are set and regular with an hour for lunch and, if worked by the staff member under a flexible working hours scheme, would equal the contract hours required to be worked under the scheme. Standard hours could be full time or part-time.

 

(ii)        Urgent Personal Business - Where a staff member requires to undertake urgent personal business, appropriate leave or time off may be granted by the Clerk(s). Where time off has been granted, such time shall be made up as set out in subclause (iv) of this clause.

 

(iii)       Late Attendance - If a staff member is late for work, such staff member must either take appropriate leave or, if the Clerk(s) approves, make the time up in accordance with subclause (iv) of this clause.

 

(iv)       Making up of Time - The time off taken in circumstances outlined in subclause (ii) and (iii) of this clause must be made up at the earliest opportunity.  The time may be made up on the same day or on a day or days agreed to between the staff member and the Clerk(s).

 

10.  Flexible Working Hours Scheme

 

(i)         Unless local arrangements have been negotiated as provided in clause 5, Local Arrangements of this award, a flexible working hours scheme in terms of this clause may operate in a department or a section of a department, subject to operational requirements, as determined by the Clerk(s).

 

(ii)        Where the operational requirements allow, the working of flexible hours under a flexible working hours scheme operating in a department shall be extended to a staff member working under a part time work arrangement.  Except for provisions contained in subclauses (x) and (xiv) of this clause, all other provisions under this clause shall be applied pro rata to a staff member working under a part time work arrangement.

 

(iii)       Exclusions - Flexible working hours shall not apply to staff members who work:

 

a 38 hour week and are entitled to a rostered day off in a regular cycle; or

 

permanent standard hours; or

 

according to a shift roster; or

 

under another award, Enterprise Agreement or other agreement that prescribes the hours of attendance.

 

Members’ staff as defined in clause 2, Definitions of this award.

 

Sessional staff will not work under the flexible hours scheme on any sitting day and shall revert to standard hours for sitting days

 

Parliamentary Reporting Staff as defined in clause 2, Definitions of this award.

 

(iv)       Attendance - A staff member's attendance outside the hours of a standard day but within the bandwidth shall be subject to the availability of work.

 

(v)        Bandwidth - The bandwidth is the period during the day when staff may record time worked. Time shall not be credited to an officer for attendance outside the bandwidth. The bandwidth shall be between the hours of 7.30 am. and 6.00 pm, unless a different time span has been negotiated under a local arrangement in terms of clause 5, Local Arrangements of this award.

 

(vi)       Coretime - Coretime is the period during the day when staff are required to be on duty, unless on authorised leave. The coretime shall be between the hours of 10.00a.m. and 4.00p.m, excluding the lunch break, unless other arrangements have been negotiated under a local arrangement in terms of clause 5, Local Arrangements of this award.

 

(vii)      Lunch break - The standard lunch period shall be 1 hour. With the approval of the supervisor, the lunch period may be extended by the staff member up to 2 hours or reduced to not less than 30 minutes within the span of hours 12.00 noon and 2.30 pm or as other span of hours determined by the Clerk(s).  Where a local arrangement has been negotiated in terms of clause 5, Local Arrangements of this award, the lunch break shall be taken in accordance with such local arrangement.

 

(viii)     Settlement period - Unless a local arrangement has been negotiated in terms of clause 5, Local Arrangements of this award, the settlement period shall be four weeks.

 

(a)        For time recording purposes the settlement period and flex leave must coincide.

 

(b)        Where exceptional circumstances apply, eg prolonged transport strikes, adverse weather conditions and the like, the Clerk(s) may extend the affected settlement period by a further 4 weeks.

 

(ix)       Contract hours - The contract hours for a settlement period shall be calculated by multiplying the staff member's weekly contract hours by the number of weeks in a settlement period.

 

(x)        Flexible working hours credit - A staff member may carry a maximum of 10 hours credit into the next period. Time accumulated in excess of 10 hours at the end of a settlement period shall be forfeited. Local arrangements in terms of clause 5, Local Arrangements of this award may be negotiated in respect of the carry over of the maximum flexible hours credit and the banking of any accumulated time.

 

(xi)       Departments shall ensure that a staff member does not constantly forfeit excess credit hours at the conclusion of settlement periods as a result of reasonable requests for flex leave being refused or the staff member being directed by the supervisor to work long hours within the bandwidth.

 

(xii)      Cessation of duty - Except as provided in subclause (xiii) of this clause, a staff member may receive payment for a flex day accrued and remaining untaken or not forfeited on the last day of service:

 

(a)        where the staff member's services terminate without a period of notice for reasons other than misconduct; or

 

(b)        where an application for flex leave which would have eliminated the accumulated day or days was made during the period of notice of retirement or resignation and was refused; or

 

(c)        in such other circumstances as have been negotiated between the Clerk(s) and the relevant trade union(s) under a local arrangement in terms of clause 5, Local Arrangements of this award.

 

(xiii)     Where a staff member ceases duty in the department in order to take up employment in another public service or public sector organisation, the same provisions as apply to recreation leave under the Public Sector Staff Mobility policy shall apply to the accrued but untaken or not forfeited flex leave.

 

(xiv)     Flexible Working Hours Debit - The following provisions shall apply to the carry over of flexible working hours debits, unless a local arrangement has been negotiated in terms of clause 5, Local Arrangements of this award:

 

(a)        A debit of up to 10 hours at the end of a settlement period may be carried over into the next period.

 

(b)        Where the debit exceeds 10 hours, the excess will be debited as leave without pay, unless the staff member elects to be granted available recreation or extended leave to offset the excess.

 

(c)        Any debit of hours outstanding on a staff member's last day of duty is to be deducted from any unpaid salary or the monetary value of accrued recreation/extended leave.  If applicable, the debit of hours may be transferred to the next NSW public sector organisation under the Public Sector Staff Mobility policy.

 

(xv)      Flex leave - Subject to operational requirements, a staff member may take off one full day or two half days in a settlement period of 4 weeks. Flex leave may be taken on consecutive working days. Half day absences may be combined with other periods of authorised leave.  Local arrangements in respect of the taking of flex leave may be negotiated in terms of clause 5, Local Arrangements of this award.

 

(xvi)     Absence during coretime - Where a staff member needs to take a short period of authorised leave within coretime, including late attendances, other than flex leave, the quantum of leave to be granted shall be determined according to the provisions contained in paragraph (d) subclause (ii) of clause 28, Leave General of this award.

 

(xvii)    Standard hours - Notwithstanding the provisions of this clause, the Clerk(s) may direct the staff member to work standard hours and not flexible hours be worked:

 

(a)        where the Clerk(s) decides that the working of flexible hours by a staff member or members does not suit the operational requirements of the department or section of the department, the relevant union shall be consulted, where appropriate; or

 

(b)        as remedial action in respect of a staff member who has been found to have deliberately and persistently breached the flexible working hours scheme.

 

(xviii) Easter concession - Staff members who work under a flexible working hours scheme may be granted, subject to the convenience of the department, an additional half day's flex leave on the Thursday preceding the Good Friday public holiday.

 

(xix)      Flexible Work Practices

 

(a)        Nothing in this award shall affect the hours of duty of a staff member who is covered by a written flexible working hours agreement negotiated under Flexible Work Practices, Policy and Guidelines.

 

(b)        Flexible working hours agreements negotiated in terms of the Flexible Work Practices, Policy and Guidelines after the effective date of this award shall be subject to the conditions specified in this award and in consultation with the relevant trade union.

 

11.  38 Hour Week Workers - Rostered Days Off

 

(i)         The provisions of this clause apply only to those staff members who work a 38-hour week and are entitled to a rostered day off in a regular cycle.

 

(ii)        Time for a rostered day off accrues at 0.4 of an hour each 8 hour day.

 

(a)        Except as provided in paragraph (b) of this subclause, all paid ordinary working time and paid leave count towards accrual of time for the rostered day off.

 

(b)        Limit - When a long period of approved leave is taken, accrual towards a rostered day off applies only in respect of the 4 weeks period during which the staff member resumes duty.

 

(c)        Exception - Notwithstanding the provisions of paragraph (b) of this subclause, where more generous provisions apply to the accrual of rostered days off, such provisions shall continue to apply until renegotiated.

 

(iii)       In the event of unforseen circumstances or the department's operational requirements, the rostered day off may be deferred and taken at a later more suitable time.

 

(iv)       Where seasonal or school vacation considerations affect departmental operations, rostered days off may be accrued and taken during a less active period.

 

(v)        A rostered day off is not to be re-credited if the staff member is ill or incapacitated on a rostered day off.

 

(vi)       Payment of higher duties is not to be made to another staff member for undertaking some or all of the duties of the staff member who is absent on a rostered day off.

 

(vii)      An employee who has not worked a complete cycle and has not accrued a full rostered day off shall receive a pro-rata accrued entitlement in respect of the Rostered day off which may be taken in conjunction with other leave to make up an absence for a whole shift

 

(viii)     On the cessation of employment any accrued time toward a rostered day off will be paid to the employee.

 

(ix)       Security Officers working a continuous shift roster:

 

(a)        The ordinary hours of duty shall be an average of 38 per week and not exceed 8 in any one day

 

(b)        A shift will not be more than 8 hours inclusive of crib time.

 

(c)        Meal Break - Security Officers shall take a paid crib break of 30 minutes during each shift. In addition a crib break of 15 minutes shall be taken within the first four hours of each shift.  Security Officers shall take their crib breaks at their post if required to do so by Parliament House management.

 

12.  Non-Compliance With Hours of Duty and Attendance

 

In the event of any persistent failure by a staff member to comply with the hours of duty required to be worked, the Clerk(s), shall investigate such non-compliance as soon as it comes to notice and shall take appropriate remedial action according to the management of unsatisfactory performance guidelines.

 

13.  Existing Determinations and Agreements - Hours of Duty

 

Any existing Determinations and Agreements on local arrangements in respect of the hours of duty, which operated in a department or part of a department as at the effective date of this award, shall continue to apply until renegotiated.

 

14.  Travel Allowances

 

(i)         Travel Allowance General

 

(a)        Any authorised official travel and associated expenses, properly and reasonably incurred by a staff member required to perform duty at a location other than their normal headquarters shall be met by the department.

 

(b)        The Clerk(s) shall require staff members to obtain an authorisation for all official travel prior to incurring any travel expense.

 

(c)        Where available at a particular centre or location, the overnight accommodation to be occupied by staff members who travel on official business shall be the middle of the range standard, referred to generally as three star or three diamond standard of accommodation.

 

(d)        Where payment of a proportionate amount of an allowance applies in terms of this clause, the amount payable shall be the appropriate proportion of the daily rate. Any fraction of an hour shall be rounded off to the nearest half-hour.

 

(ii)        Excess Travelling Time

 

(a)        Excess Travelling Time - A staff member directed by the Department Head to travel on official business outside the usual hours of duty is entitled to apply and to be compensated for such time either by:

 

(1)        payment calculated in accordance with the provisions contained in this subclause; or

 

(2)        if it is operationally convenient, by taking equivalent time off in lieu to be granted for excess time spent in travelling on official business.

 

(b)        Compensation under subparagraphs (1) or (2) of paragraph (a) of this subclause, shall be subject to the following conditions:

 

(1)        on a non-working day - all time spent travelling on official business;

 

(2)        on a working day - subject to the provisions of paragraph (e) of this subclause, all additional time spent travelling before or after the staff member's normal hours of duty.

 

(3)        Period for which compensation is being sought is more than a half an hour on any one day.

 

(c)        No compensation for travelling time shall be given in respect of travel between 11.00p.m. on any one day and 7.30a.m. on the following day where the staff member has travelled overnight and sleeping facilities have been provided for the staff member.

 

(d)        Compensation for travelling time shall be granted only in respect of the time that might reasonably have been taken by the use of the most practical and economic means of transport.

 

(e)        Compensation for excess travelling time shall exclude the following:

 

(1)        time normally taken for the periodic journey from home to headquarters and return;

 

(2)        any periods of excess travel of less than 30 minutes on anyone day;

 

(3)        travel to new headquarters on permanent transfer, if special leave has been granted for the day or days on which travel is to undertaken;

 

(4)        time from 11.00p.m. on one day to 7.30a.m. on the following day if sleeping facilities have been provided.

 

(5)        travel not undertaken by the most practical available route;

 

(6)        working on board ship where meals and accommodation are provided;

 

(7)        any travel undertaken by a member of staff whose salary includes an "all incidents of employment" component;

 

(8)        travel overseas.

 

(f)         Waiting Time - When a staff member is required to wait for transport in order to commence a journey to another location or to return to headquarters and such time is outside the normal hours of duty, such waiting time shall be treated and compensated in the same manner as travelling time.

 

(g)        Payment - Payment for travelling time calculated in terms of this subclause shall be at the staff member's ordinary rate of pay on an hourly basis calculated as follows:

 

Annual salary	x	5	x	1
1		260.89		Normal hours of work

 

(h)        The rate of payment for travel or waiting time on a non-working day shall be the same as that applying to a working day.

 

(i)         Staff members whose salary is in excess of the maximum rate for Clerk, Grade 5 shall be paid travelling time or waiting time calculated at the maximum rate for Clerk, Grade 5 plus $1.00 per annum, as adjusted from time to time.

 

(j)         Time off in lieu or payment for excess travelling time or waiting time will not be granted or made for more than eight hours in any period of 24 consecutive hours.

 

(k)        Meal Allowances - A staff member who is authorised by the Clerk(s) to undertake a one day journey on official business which does not require the staff member to obtain overnight accommodation, shall be paid the following allowances as set out in Item 1 of Table 1 of Part B Rates for:

 

(1)        breakfast when required to commence travel at or before 6.00a.m. and at least 1 hour before the prescribed starting time;

 

(2)        an evening meal when required to travel until or beyond 6.30p.m.; and

 

(3)        lunch when required to travel a total distance on the day of at least 100 kilometres and, as a result, is located at a distance of at least 50 kilometres from the staff member's normal headquarters at the time of taking the normal lunch break.

 

(iii)       Accommodation and Allowances (Non Government Accommodation)

 

(a)        A staff member who performs official duty at or from a temporary work location and, as a result, is required to obtain temporary accommodation at the temporary work location, shall be compensated for the expenses properly and reasonably incurred during the time actually spent away from the staff member's residence in order to perform that duty.

 

(b)        For the first 35 days the allowance shall be either

 

(1)        The appropriate rate of allowance specified in Item 2 of table 1 Allowance of Part B Monetary Rates for every period of 24 hours absence by the staff member from their residence; and actual meal expenses properly and reasonably incurred (excluding morning and afternoon teas) for any residual part day travel; or

 

(2)        if the staff member elects, actual expenses properly and reasonably incurred for the whole trip on official business (excluding morning and afternoon teas) together with an incidental expenses allowance set out in Item 3 of Table 1 Allowances of Part B Monetary Rates.

 

(c)        Payment of the appropriate allowance for an absence of less than 24 hours may be made only where the staff member satisfies the Clerk(s) that, despite the period being of less than 24 hours duration, expenditure for accommodation and three meals has been incurred. Where a staff member is unable to so satisfy the Clerk(s) or where part day travel at the end of the trip is involved, the allowance payable for part days of travel shall be limited to the actual expenses incurred during such part day travel.

 

(d)        A claim under this subclause shall not be made at the set rate for part of the absence (see paragraph (b) of this subclause) and then on the basis of actual expenses for the other part of the absence, except as provided for in paragraph (c) of this subclause.

 

(e)        After the first 35 days - If a staff member is required by the Clerk(s) to work in the same temporary work location for more than 35 days, such staff member shall be paid the appropriate rate of allowance as specified in item 4 of Table 1 allowances of part B Monetary Rates.

 

(f)         Long term arrangements - as an alterative to the provisions after the first 35 days set out in paragraph (e) above the Clerk(s) could make alternative arrangements for meeting the additional living expenses, properly and reasonably incurred by a staff member working from a temporary work location.

 

(g)        The return of a staff member to their home at weekends, on rostered days off or during short periods of leave while working from a temporary work location will not constitute a break in temporary work arrangements.

 

(iv)       Travel allowances when staying in Government Accommodation.

 

When a staff member working from a temporary work location and is provided with accommodation by the Government shall be entitled to claim the incidental expenses allowance set out in Item 5 of the table - Allowances of Part B monetary rates for the same period.  If meals are not provided by the Government at the temporary work location, the staff member shall be entitled to claim also the reimbursement of any meal expenses properly and reasonably incurred during the time spent at the temporary work location.

 

(v)        An allowance under subclauses (iii) or (iv) of this clause is not payable in respect of:

 

(a)        any period during which the staff member returns to their residence at weekends or public holidays, commencing with the time of arrival at that residence and ending at the time of departure from the residence;

 

(b)        any period of leave, except with the approval of the Department Head or as otherwise provided by this subclause; or

 

(c)        any other period during which the staff member is absent from the staff member's temporary work location otherwise than on official duty.

 

(d)        Notwithstanding paragraphs (a), (b) or (c) of this subclause, a staff member in receipt of an allowance under subclauses (iii) or (iv) of this clause who is granted special leave to return to their residence at a weekend, shall be entitled to an allowance under subclause (iii) in respect of the necessary period of travel for the journey from the temporary work location to the staff member's residence; and for the return journey from the staff member's residence to the temporary work location, but is not entitled to any allowance under this subclause, or any other allowance, in respect of the same period.

 

(e)        Notwithstanding subparagraphs (a), (b) or (c) of this paragraph, a staff member in receipt of an allowance under this subclause who, on ceasing to perform duty at or from a temporary work location, leaves that location shall be entitled to an allowance in accordance with subclause (iii) of this clause in respect of the necessary period of travel to return to the staff member's residence or to take up duty at another temporary work location, but is not entitled to any other allowance in respect of the same period.

 

(vi)       Increase or reduction on payment of travelling Allowances - Where the Clerk(s) is satisfied that an allowance under subclause (iii) or (iv) is:

 

(a)        insufficient to adequately reimburse the staff member for expenses properly and reasonably incurred, a further amount may be paid to reimburse the staff member for the additional expenses incurred; or

 

(b)        in excess of the amount which would adequately reimburse the staff member for expenses properly and reasonably incurred, the Clerk(s) may reduce the allowance to an amount which would reimburse the staff member for expenses incurred properly and reasonably.

 

(vii)      Production of Receipts - As and when required by the Clerk(s), payment of travelling expenses shall be subject to the production of receipts or other acceptable evidence of expenditure.

 

(viii)     Travelling distance - The need to obtain overnight accommodation shall be determined by the Clerk(s) having regard to the safety of the staff member or members travelling on official business and local conditions applicable in the area.  Where staff members are required to attend conferences or seminars which involve evening sessions or staff members are required to make an early start at work in a location away from their normal workplace, overnight accommodation shall be appropriately granted by the Clerk(s).

 

15.  Allowance Payable for the Use of Private Motor Vehicles

 

(i)         The Clerk(s) may authorise a staff member to use a private motor vehicle for work where:

 

(a)        such use will result in greater efficiency or involve the department in less expense than if travel were undertaken by other means; or

 

(b)        where the staff member is unable to use other means of transport due to a disability.

 

(ii)        As defined in clause 2, Definitions of this award, there shall be different classes of allowance payable for the use of a private motor vehicle for work. The appropriate rate of allowance shall be paid depending on the circumstances and the purpose for which the vehicle is used.

 

(iii)       The staff member must have in force in respect of a motor vehicle used for work, in addition to any policy required to be effected or maintained under the Motor Vehicles (Third Party Insurance) Act 1942, a comprehensive motor vehicle insurance policy to an amount and in a form approved by the Clerk(s).

 

(iv)       A staff member who, with the approval of the Clerk(s), uses a private motor vehicle for work shall be paid an appropriate rate of allowance specified in Item 6 of Table 1 of Part B Rates for the use of such private motor vehicle.

 

(v)        Where a private vehicle is damaged while being used for work any normal excess insurance charges prescribed by the insurer shall be reimbursed by the department, provided:

 

(a)        the damage is not due to negligence by the staff member; and

 

(b)        the charges claimed by the staff member are not the charges prescribed by the insurer as punitive excess charges.

 

(vi)       Provided the damage is not the fault of the staff member, the department shall reimburse to a staff member the costs of repairs to a broken windscreen, if the staff member can demonstrate that:

 

(a)        the damage was sustained on approved work activities; and

 

(b)        the costs cannot be met under the insurance policy due to excess clauses.

 

(vii)      Expenses such as tolls etc. shall be refunded to staff members where the charge was incurred during approved work related travel.

 

(viii)     Where a staff member tows a trailer or horse-float during travel resulting from approved work activities while using a private vehicle, the staff member shall be entitled to an additional allowance as prescribed in Item 6 of Table 1 of Part B Rates.

 

(ix)       Except as otherwise specified in this award, a staff member shall bear the cost of ordinary daily travel by private motor vehicle between the staff member's residence and headquarters.

 

16.  Overseas Travel Allowance

 

Unless the Clerk(s) determines that a staff member shall be paid travelling rates especially determined for the occasion, a staff member who is required by the department to travel overseas on official business, shall be paid the appropriate travelling rates as specified in the relevant Premier’s Department Circular as issued from time to time.

 

17.  Staff Exchanges

 

(i)         The Clerk(s) may arrange two way or one way exchanges with other organisations both public and private, if the department or the staff member will benefit from additional training and development which is intended to be used in the carrying out of the department's business.

 

(ii)        The conditions applicable to those staff members who participate in exchanges will be determined by the Clerk(s) according to the individual circumstances in each case.

 

(iii)       The provisions of this subclause do not apply to the loan of services of staff members to trade unions. The provisions of subclause (iv) of clause 46, Trade Union Activities of this award apply to staff members who are loaned to their trade union.

 

18.  Community Language Allowance Scheme (CLAS)

 

(i)         Staff members who possess a basic level of competence in a community language and who work in locations where their community language is utilised at work to assist clients and such staff members are not:

 

(a)        employed as interpreters and translators; and

 

(b)        employed in those positions where particular language skills are an integral part of essential requirements of the position, shall be paid an allowance as specified in Item 7 of Table 1 of Part B Rates.

 

19.  First Aid Allowance

 

(i)         A staff member appointed as a First Aid Officer shall be paid a first aid allowance at the rate appropriate to the qualifications held by such staff member as specified in Item 8 of Table 1 of Part B Rates.

 

(ii)        The First Aid Allowance shall not be paid during extended leave or any other continuous period of leave which exceeds four weeks.

 

(iii)       When the First Aid Officer is absent on leave for one week or more and another qualified staff member is selected to relieve in the First Aid Officer's position, such staff member shall be paid a pro rata first aid allowance for assuming the duties of a First Aid Officer.

 

20.  Semi-Official Telephone Reimbursement

 

(i)         Reimbursement of expenses associated with a private telephone service installed at the residence of a staff member shall be made as specified in this subclause if the staff member is required to be contacted or is required to contact others in connection with the duties of his/her position in the department, as and when required.

 

(ii)        The service must be located in the staff member's principal place of residence and its telephone number communicated to all persons entitled to have out of hours contact with the staff member.

 

(iii)       The semi-official telephone allowance applies to staff who are required, as part of their duties to:

 

(a)        give decisions, supply information or provide emergency services; and/or

 

(b)        be available for reasons of safety or security for contact by the public outside of normal office hours.

 

(iv)       Unless better provisions already apply to a staff member or a staff member has been provided with an official telephone, reimbursement of expenses under this clause shall be limited to the following:

 

(a)        the connection fee for a telephone service, if the service is not already available at the staff member's principal place of residence;

 

(b)        the full annual base rental charged for the telephone service regardless of whether any official calls have been made during the period; and

 

(c)        the full cost of official local, STD and ISD calls.

 

(v)        To be eligible for reimbursement, staff must submit their telephone account and a statement showing details of all official calls, including:

 

(a)        date, time, length of call and estimated cost;

 

(b)        name and phone number of the person to whom call was made; and

 

(c)        reason for the call.

 

21.  On-Call Allowance

 

Unless already eligible for an on-call allowance under another industrial instrument, a staff member shall be:

 

(i)         entitled to be paid the on call allowance set out in Item 9 of Table 1 of Part B Rates when directed by the department to be on call outside the staff member's working hours;

 

(ii)        if a staff member who is on call, is called out by the department, the overtime provisions as set out in Clause 48, Overtime of this award shall apply to the time worked;

 

(iii)       where work problems are resolved without travel to the place of work whether on a weekday, weekend or public holiday, work performed shall be compensated at ordinary time for the time actually worked, calculated to the next 15 minutes.

 

22.  Service Increments Allowance

 

(i)         Staff members defined as Security Officers who at the time of this award are in receipt of a long service increment shall continue to receive long service increment as an allowance on a personal basis.  The service increment allowance will be paid at the rate specified in Item 10 of Table 1 of Part B Rates

 

(ii)        Service increments are not payable to staff members other than under subclause (i) above.

 

23.  Uniforms, Protective Clothing and Their Maintenance

 

(i)         Uniform, etc. provided by the department - A staff member who is required or authorised by the appropriate Clerk(s) to wear a uniform, protective clothing or other specialised clothing in connection with the performance of official duties shall be provided by the department with such clothing and, except as specified in subclause (iii) of this clause, shall be paid an allowance at the rate specified in Item 11 of Table 1 of Part B Rates for laundering the uniform or protective clothing.

 

(ii)        Uniform, etc. provided by the staff member - Where the uniform, protective clothing or other specialised clothing is provided by the staff member, such staff member shall be reimbursed the cost of the uniform, protective clothing or other specialised clothing.

 

(iii)       Payment of laundry allowance - Unless the staff member is entitled to receive a laundry allowance under another industrial instrument, or the Parliament provides the cleaning and laundry service, the staff member to whom subclause (i) or (ii) of this clause apply, shall be paid an allowance at the rate specified in Item 11 of Table 1 of Part B Rates for laundering the uniform or protective clothing.

 

(iv)       Where payment of the laundry allowance is not appropriate because of the specialised nature of the clothing, the cost of maintaining such clothing shall be met by the department.

 

24.  Compensation for Damage to Or Loss of Staff Member's Personal Property

 

(i)         Where damage to or loss of the staff member's personal property occurs in the course of employment, a claim may be lodged under the Workers Compensation Act 1987 and/or under any insurance policy of the department covering the damage to or loss of the personal property of the staff member.

 

(ii)        If a claim under subclause (i) of this clause is rejected by the insurer, the Clerk(s) may compensate a staff member for the damage to or loss of personal property, if such damage or loss:

 

(a)        is due to the negligence of the department, another staff member, or both, in the performance of their duties; or

 

(b)        is caused by a defect in a staff member's material or equipment; or

 

(c)        results from a staff member's protection of or attempt to protect departmental property from loss or damage.

 

(iii)       Compensation in terms of subclause (ii) of this clause shall be limited to the amount necessary to repair the damaged item. Where the item cannot be repaired or is lost, the Clerk(s) may pay the cost of a replacement item, provided the item is identical to or only marginally different from the damaged or lost item and the claim is supported by satisfactory evidence as to the price of the replacement item.

 

(iv)       For the purpose of this clause, personal property means a staff member's clothes, spectacles, hearing-aid, tools of trade or similar items which are ordinarily required for the performance of the staff member's duties.

 

(v)        Compensation for the damage sustained shall be made by the department where, in the course of work, clothing or items such as spectacles, hearing aids, etc, are damaged or destroyed by natural disasters or by theft or vandalism.

 

25.  Monitoring Computerised Building Management System Allowance

 

Staff members defined as Security Officers who are authorised to undertake responsibilities associated with the operation of the computerised building management system (R-Tec system) shall be paid an allowance at the rate specified in Item 12 of Table 1 of Part B Rates for the operation of the computerised building management system.

 

26.  Leading Hand Allowance

 

Staff members defined as Security Officers who perform the duty of leading hand on a shift shall be paid an allowance at the rate specified in Item 13 of Table 1 Allowances of Part B Monetary Rates for leading hand.

 

27.  Adjustment of Allowances

 

(i)         Allowances contained in clauses 14 to 21, clause 23, and meal allowances contained in clause 48, Overtime of this award, will be adjusted over the life of this award in line with any increases in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006.

 

(ii)        Allowances contained in clauses 25, 26 and paragraph (xi) (b) of clause 48, Overtime, will be adjusted in line with the Crown Employees (Public Sector - Salaries 2007) Award or any variation or replacement award.

 

28.  Leave General

 

(i)         General

 

(a)        The leave provisions contained in this award apply to all staff members other than those to whom arrangements apply under another industrial instrument or under a local arrangement negotiated between the Clerk(s) and the relevant trade union in terms of clause 5, Local Arrangements of this award.

 

(b)        Unless otherwise specified, part-time staff members will receive the conditions of this clause on a pro rata basis, calculated according to the number of hours worked per week.

 

(c)        The leave provisions of this award do not apply to an apprentice, except in respect of recreation leave if the entitlement to recreation leave under the apprenticeship award is less favourable than the recreation leave provisions under this clause.

 

(d)        A temporary employee is eligible to take a period of approved leave during the current period of employment and may continue such leave during a subsequent period or periods of employment in the Parliament, if such period or periods of employment commence immediately on termination of a previous period or periods of employment.

 

(e)        Where paid and unpaid leave available to be granted under this clause are combined, paid leave shall be taken before unpaid leave.

 

(ii)        Absence from Duty

 

(a)        A staff member must not be absent from work unless reasonable cause is shown.

 

(b)        If a staff member is absent from duty because of illness or other emergency, the staff member shall notify or arrange for another person to notify the supervisor as soon as possible of the staff member's absence and the reason for the absence.

 

(c)        If a satisfactory explanation for the absence is not provided, the staff member will be regarded as absent from duty without authorised leave and the Clerk(s) shall deduct from the pay of the staff member the amount equivalent to the period of the absence.

 

(d)        The minimum period of leave available to be granted shall be a quarter day, unless local arrangements negotiated in the workplace allow for a lesser period to be taken.

 

(e)        Nothing in this clause affects any proceedings for a breach of discipline against a staff member who is absent from duty without authorised leave.

 

(iii)       Application for Leave

 

(a)        An application by a staff member for leave under this award shall be made to and dealt with by the Clerk(s).

 

(b)        the Clerk(s) shall deal with the application for leave according to the wishes of the staff member, if the operational requirements of the department permit this to be done.

 

29.  Leave for Casual Employees

 

(i)         Other than as described under subclauses (iv), (v) and (vii) of this clause, casual employees are not entitled to any other paid or unpaid leave.

 

(ii)        Casual employees will be paid 1/12th in lieu of annual leave.

 

(iii)       Casual employees will be entitled to long service leave in accordance with the provisions of the Long Service Leave Act 1955.

 

(iv)       Casual employees are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, section 54, Entitlement to Unpaid Parental leave, in accordance with the Industrial Relations Act 1996.  The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

(a)        The Clerk(s) must not fail to re-engage a regular casual employee because:

 

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

 

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

 

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

 

(v)        Personal Carers Entitlement for casual employees

 

(a)        Casual employees are entitled to not be available to attend work, or to leave work if they need to care for a family member described in subclause (vi) of this clause who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.  This entitlement is subject to the evidentiary requirements set out below in paragraph (d), and the notice requirements set out in paragraph (e).

 

(b)        The Clerk(s) and the casual 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)        The Clerk(s) must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause.  The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

 

(d)        The casual employee shall, if required:

 

(A)      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

 

(B)       establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

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

 

(e)        The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty.  If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of the absence.

 

(vi)       A family member for the purposes of paragraph (v)(a) of this clause is:

 

(a)        a spouse of the staff member; or

 

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

 

(c)        child or an adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the staff member or of the spouse or de facto spouse of the staff member; or

 

(d)        a same sex partner who lives with the staff member as the de facto partner of that staff member on a bona fide domestic basis; or a relative of the staff member who is a member of the same household where, for the purposes of this definition:

 

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

 

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

 

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

 

(vii)      Bereavement entitlements for casual employees

 

(a)        Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a family member on production of satisfactory evidence (if required by the employer).

 

(b)        The Clerk(s) and the casual 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)        The Clerk(s) must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause.  The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

(d)        The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty.  If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of the absence.

 

30.  Recreation Leave

 

(i)         Accrual

 

(a)        Except where stated otherwise in this award, paid recreation leave for full time staff members and recreation leave for staff members working part time, accrues at the rate of 20 working days per year.

 

(b)        Staff members working part time shall accrue paid recreation leave on a pro rata basis, which will be determined on the average weekly hours worked per leave year.

 

(c)        Additional recreation leave, at the rate of 5 days per year, accrues to a staff member, who is stationed indefinitely in a remote area of the State, as defined in clause 2, Definitions of this award.

 

(d)        Additional recreation leave, at the rate of 10 days per year, accrues to a staff member, who is Sessional Staff as defined in clause 2, Definitions.

 

(e)        Additional recreation leave, at the rate of 5 days per year, accrues to a staff member defined as a Security Officer who regularly works Saturday, Sunday and Public Holidays as part of a continuous roster.

 

(f)         A staff member who is not defined as Sessional Staff who at 12 March 1992 was in receipt of 6 weeks leave each year will continue to receive six (6) weeks leave each year maintained on a personal basis.

 

(g)        Recreation leave accrues from day to day.

 

(ii)        Limits on Accumulation of recreation leave and direction to take leave

 

(a)        At least two (2) consecutive weeks of recreation leave (or a combination of recreation leave and public holidays, flexleave, extended leave or, if the staff member elects, leave without pay) shall be taken by a staff member every 12 months for recreation purposes, except by agreement with the Clerk(s) in special circumstances.

 

(b)        Where the operational requirements permit, the application for leave shall be dealt with by the Clerk(s) according to the wishes of the staff member.

 

(c)        The Clerk(s) shall notify the staff member in writing when accrued recreation leave reaches 6 weeks or its hourly equivalent, and at the same time may direct a staff member to take at least 2 weeks recreation leave within 3 months of the notification at a time convenient to the Department or Section.

 

(d)        The Clerk(s) shall notify the staff member in writing when accrued recreation leave reaches 8 weeks or its hourly equivalent and may direct the staff member to take at least 2 weeks recreation leave within 6 weeks of the notification. Such leave is to be taken at a time convenient to the department or section.

 

(e)        Staff defined as Sessional Staff, in paragraph (c) 8 weeks substitutes for 6 weeks and in paragraph (d) 10 weeks substitutes for 8 weeks.

 

(iii)       Conservation of recreation leave - If the Clerk(s) is satisfied that a staff member is prevented by operational or personal reasons from taking sufficient recreation leave to reduce the accrued leave below an acceptable level of less than 8 weeks, or its hourly equivalent the Clerk(s) shall:

 

(a)        specify in writing the period of time during which the excess shall be conserved; and

 

(b)        on the expiration of the period during which conservation of leave applies, grant sufficient leave to the staff member at a mutually convenient time to enable the accrued leave to be reduced to an acceptable level below the 8 week level specified.

 

(c)        The Clerk(s) will inform a staff member in writing on a regular basis of the staff member's recreation leave accrual.

 

(iv)       Recreation Leave - Other provisions

 

(a)        Unless a local arrangement has been negotiated between the Clerk(s) and the relevant trade union, recreation leave is not to be granted for a period less than a quarter-day or in other than multiples of a quarter day.

 

(b)        Recreation leave for which a staff member is eligible on cessation of employment is to be calculated to a quarter day (fraction less than a quarter being rounded up).

 

(c)        Recreation leave does not accrue to a staff member in respect of any period of absence from duty without leave or without pay, except as specified in paragraph (d) of this subclause.

 

(d)        Recreation leave accrues during any period of leave without pay granted on account of incapacity for which compensation has been authorised to be paid under the Workers Compensation Act 1987; or any period of sick leave without pay or any other approved leave without pay, not exceeding 5 full time working days, or their part time equivalent, in any period of 12 months.

 

(e)        The proportionate deduction to be made in respect of the accrual of recreation leave on account of any period of absence referred to in paragraph (d) of this subclause above shall be calculated to an exact quarter day (fractions less than a quarter being rounded down).

 

(f)         Recreation leave accrues at half its normal accrual rate during periods of extended leave on half pay.

 

(g)        On cessation of employment, a staff member is entitled to be paid the money value of accrued recreation leave, which remains untaken.

 

(h)        A staff member to whom paragraph (g) of this subclause applies may elect to take all or part of accrued recreation leave which remains untaken at cessation of active duty as leave or as a lump sum payment; or as a combination of leave and lump sum payment.

 

(i)         Death - Where a staff member dies, the monetary value of recreation leave accrued and remaining untaken as at the date of death shall be paid to the staff member's nominated beneficiary.

 

(j)         Where no beneficiary has been nominated, the monetary value of recreation leave is to be paid as follows:

 

(1)        to the widow, widower or de facto partner of the staff member; or

 

(2)        if there is no widow, widower or de facto partner, to the children of the staff member or, if there is a guardian of any children entitled under this subclause, to that guardian for the children's maintenance, education and advancement; or

 

(3)        if there is no such widow, widower or de facto partner or children, to the person who, in the opinion of the Clerk(s) was, at the time of the staff member's death, a dependent relative of the staff member; or

 

(4)        if there is no person entitled under subparagraphs (1) or (2) or (3) of this paragraph to receive the money value of any leave not taken or not completed by a staff member or which would have accrued to the staff member, the payment shall be made to the personal representative of the staff member.

 

31.  Annual Leave Loading

 

(i)         General - Unless more favourable conditions apply to a staff member under another industrial instrument, a staff member, other than a trainee who is paid by allowance, is entitled to be paid an annual leave loading as set out in this subparagraph.  Subject to the provisions set out in subclauses (ii) to (vi) of this clause the annual leave loading shall be 17½% on the monetary value of up to 4 weeks recreation leave accrued in a leave year.

 

(ii)        Loading on additional leave accrued - Where additional leave is accrued by a staff member:-

 

(a)        as compensation for work performed regularly on Sundays and/or Public Holidays, the annual leave loading shall be calculated on the actual leave accrued or on five weeks, whichever is the higher.

 

(b)        if stationed in an area of the State of New South Wales which attracts a higher rate of annual leave accrual, the annual leave loading shall continue to be paid on a maximum of 4 weeks leave.

 

(iii)       Shift workers - Shift workers proceeding on recreation leave are eligible to receive the more favourable of:

 

(a)        the shift premiums and penalty rates, or any other allowances paid on a regular basis in lieu thereof, which they would have received had they not been on recreation leave; or

 

(b)        17½% annual leave loading.

 

(iv)       Maximum Loading - Unless otherwise provided in an Award or Agreement under which the staff member is paid, the annual leave loading payable shall not exceed the amount which would have been payable to a staff member in receipt of salary equivalent to the maximum salary for a Grade 12 Clerk.

 

(v)        Leave year - For the calculation of the annual leave loading, the leave year shall commence on 1 December each year and shall end on 30 November of the following year.

 

(vi)       Payment of annual leave loading - Payment of the annual leave loading shall be made on the recreation leave accrued during the previous leave year and shall be subject to the following conditions:

 

(a)        annual leave loading shall be paid on the first occasion in a leave year, other than the first leave year of employment, when a staff member takes at least two  consecutive weeks leave for recreation purposes. Such leave may be a combination of recreation leave and any of the following: public holidays, flex leave, extended leave, leave without pay, time off in lieu, rostered day off.

 

(b)        if at least two weeks leave as set out in paragraph (a) of this subclause is not taken in a leave year, then the payment of the annual leave loading entitlement for the previous leave year shall be made to the staff member as at 30 November of the current year.

 

(c)        while annual leave loading shall not be paid in the first leave year of employment, it shall be paid on the first occasion in the second leave year of employment when at least two weeks leave, as specified in subparagraph (a) of this subclause is taken.

 

(d)        a staff member who has not been paid the annual leave loading for the previous leave year, shall be paid such annual leave loading on resignation, retirement or termination by the employer for any reason other than the staff member's serious and intentional misconduct.

 

(e)        Except in cases of Voluntary Redundancy, proportionate level Loading is not payable on cessation of employment.

 

32.  Sick Leave

 

(i)         If the Clerk(s) is satisfied that a staff member is unable to perform duty because of the staff member's illness or the illness of his/her family member, the Clerk(s):

 

(a)        shall grant to the staff member sick leave on full pay; and

 

(b)        may grant to the staff member, sick leave without pay if the absence of the staff member exceeds the entitlement of the staff member under this Award to sick leave on full pay.

 

(ii)        Entitlements

 

(a)        Sick leave on full pay accrues to a staff member at the rate of 15 days each calendar year. Any leave accrued and not taken accumulates.

 

(b)        Sick leave on full pay accrues at the beginning of the calendar year. If a staff member is appointed after 1 January, sick leave on full pay accrues on a proportionate basis for the year in which employment commences.

 

(c)        All continuous service as a staff member in the NSW public service shall be taken into account for the purpose of calculating sick leave due.  Where the service in the NSW public service is not continuous, previous periods of public service shall be taken into account for the purpose of calculating sick leave due if the previous sick leave records are available.

 

(d)        Notwithstanding the provisions of paragraph (c) of this subclause, sick leave accrued and not taken in the service of a public sector employer may be accessed in terms of the Public Sector Staff Mobility Policy.

 

(e)        Sick leave without pay shall count as service for the accrual of recreation leave and paid sick leave. In all other respects sick leave without pay shall be treated in the same manner as leave without pay.

 

(f)         When determining the amount of sick leave accrued, sick leave granted on less than full pay, shall be converted to its full pay equivalent.

 

(g)        Paid sick leave shall not be granted during a period of unpaid leave.

 

(iii)       Payment during the initial 3 months of service - Paid sick leave which may be granted to a staff member, other than a seasonal or relief staff member, in the first 3 months of service shall be limited to 5 days paid sick leave, unless the Clerk(s) approves otherwise.  Paid sick leave in excess of 5 days granted in the first 3 months of service shall be supported by a satisfactory medical certificate.

 

(iv)       Seasonal or relief staff - No paid sick leave shall be granted to temporary employees who are employed as seasonal or relief staff for a period of less than 3 months.

 

33.  Sick Leave - Workers Compensation

 

(i)         The Clerk(s) shall advise each staff member of the rights under the Workers Compensation Act 1987, as amended from time to time, and shall give such assistance and advice, as necessary, in the lodging of any claim.

 

(ii)        A staff member who is or becomes unable to attend for duty or to continue on duty in circumstances which may give the staff member a right to claim compensation under the Workers Compensation Act 1987 shall be required to lodge a claim for any such compensation.

 

(iii)       Where, due to the illness or injury, the staff member is unable to lodge such a claim in person, the Clerk(s) shall assist the staff member or the representative of the staff member, as required, to lodge a claim for any such compensation.

 

(iv)       The Clerk(s) will ensure that, once received by the department, a staff member's worker's compensation claim is lodged by the department with the workers compensation insurer within the statutory period prescribed in the Workers Compensation Act 1987.

 

(v)        Pending the determination of that claim and on production of an acceptable medical certificate, the Clerk(s) shall grant sick leave on full pay for which the staff member is eligible followed, if necessary, by sick leave without pay or, at the staff member's election by accrued recreation leave or extended leave.

 

(vi)       If liability for the workers compensation claim is accepted, then an equivalent period of any sick leave taken by the staff member pending acceptance of the claim shall be restored to the credit of the staff member.

 

(vii)      A staff member who continues to receive compensation after the completion of the period of 26 weeks referred to in section 36 of the Workers Compensation Act 1987 may use any accrued and untaken sick leave to make up the difference between the amount of compensation payable under that Act and the staff member's ordinary rate of pay. Sick leave utilised in this way shall be debited against the staff member.

 

(viii)     If a staff member notifies the Clerk(s) that he or she does not intend to make a claim for any such compensation, the Clerk(s) shall consider the reasons for the staff member's decision and shall determine whether, in the circumstances, it is appropriate to grant sick leave in respect of any such absence.

 

(ix)       A staff member may be required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act. If a staff member refuses to submit to a medical examination without an acceptable reason, the staff member shall not be granted available sick leave on full pay until the examination has occurred and a medical certificate is issued indicating that the staff member is not fit to resume employment.

 

(x)        If the Clerk(s) provides the staff member with employment which meets the terms and conditions specified in the medical certificate issued under the Workers Compensation Act 1987 and Workplace Injury Management and Workers Compensation Act 1998 and, without good reason, the staff member fails to resume or perform such duties, the staff member shall be ineligible for all payments in accordance with this clause from the date of the refusal or failure.

 

(xi)       No further sick leave shall be granted on full pay if there is a commutation of weekly payments of compensation by the payment of a lump sum pursuant to section 51 of the Workers Compensation Act 1987.

 

(xii)      Nothing in this clause prevents a staff member from appealing a decision or taking action under other legislation made in respect of:-

 

(a)        the staff member's claim for workers' compensation;

 

(b)        the conduct of a medical examination by a Government or other Medical Officer;

 

(c)        a medical certificate issued by the examining Government or other Medical Officer; or

 

(d)        action taken by the Clerk(s) either under the Workers Compensation Act 1987 or any other relevant legislation in relation to a claim for workers compensation, medical examination or medical certificate.

 

34.  Sick Leave - Other Than Workers Compensation

 

(i)         If the circumstances of any injury to or illness of a staff member give rise to a claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987, sick leave on full pay may, subject to and in accordance with this clause, be granted to the staff member on completion of an acceptable undertaking that:-

 

(a)        any such claim, if made, will include a claim for the value of any period of paid sick leave granted by the department to the staff member; and

 

(b)        in the event that the staff member receives or recovers damages or compensation pursuant to that claim for loss of salary or wages during any such period of sick leave, the staff member will repay to the department the monetary value of any such period of sick leave.

 

(ii)        Sick leave on full pay shall not be granted to a staff member who refuses or fails to complete an undertaking, except in cases where the Clerk(s) is satisfied that the refusal or failure is unavoidable.

 

(iii)       On repayment to the department of the monetary value of sick leave granted to the staff member, sick leave equivalent to that repayment and calculated at the staff member's ordinary rate of pay, shall be restored to the credit of the staff member.

 

35.  Sick Leave - Requirements for Medical Certificate

 

(i)         A staff member absent from duty for more than 3 consecutive working days because of illness must furnish a medical certificate to the Clerk(s) in respect of the absence.

 

(ii)        A staff member shall be put on notice in advance if required by the Clerk(s) to furnish a medical certificate in respect of an absence from duty for 3 consecutive working days or less because of illness.

 

(iii)       If there is any concern about the reason shown on the medical certificate, the Clerk(s), after discussion with the staff member, may refer the medical certificate and the staff member's application for leave to Healthquest for advice.

 

(iv)       The nature of the leave to be granted to a staff member shall be determined by the Clerk(s) on the advice of Healthquest.

 

(v)        If sick leave applied for is not granted, the Clerk(s) must, as far as practicable, take into account the wishes of the staff member when determining the nature of the leave to be granted.

 

(vi)       A staff member may elect to have an application for sick leave dealt with confidentially by Healthquest in accordance with the general public service policy on confidentiality, as applies from time to time.

 

(vii)      If a staff member who is absent on recreation leave or extended leave, furnishes to the Clerk(s) a satisfactory medical certificate in respect of an illness which occurred during the leave, the Clerk(s) may, subject to the provisions of this clause, grant sick leave to the staff member as follows:-

 

(a)        in respect of recreation leave, the period set out in the medical certificate;

 

(b)        in respect of extended leave, the period set out in the medical certificate if such period is 5 working days or more.

 

(viii)     Paragraph (vii) above applies to all staff members other than those on leave prior to resignation or termination of services, unless the resignation or termination of services amounts to a retirement.

 

(ix)       The reference in subclause (i) of this clause to a medical certificate shall apply, as appropriate, to the certificates of up to one week provided by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or, at the Clerk(s)'s discretion, another registered health services provider.  Where the absence exceeds one week, and unless the health provider listed above is also a registered medical practitioner, applications for any further sick leave must be supported by a medical certificate from a registered medical practitioner.

 

36.  Sick Leave to Care for a Family Member

 

When family and community service leave provided for in clause 38, Family and Community Service Leave of this award is exhausted, a staff member with responsibilities in relation to a category of person set out in subclause (iii) of this clause who needs the staff member's care and support, may elect to use available paid sick leave, subject to the conditions specified in this subclause, to provide such care and support when a family member is ill.

 

(i)         The sick leave shall initially be taken from the current leave year's entitlement followed, if necessary, by the sick leave accumulated over the previous 3 years.  In special circumstances, the Clerk(s) may grant additional sick leave from the sick leave accumulated during the staff member's eligible service.

 

(ii)        If required by the Clerk(s), the staff member must establish by production of a medical certificate or statutory declaration, the illness of the person concerned.

 

(iii)       The entitlement to use sick leave in accordance with this subclause is subject to:

 

(a)        the staff member being responsible for the care and support of the person concerned; and

 

(b)        the person concerned being:-

 

a spouse of the staff member; or

 

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

 

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

 

a same sex partner who lives with the staff member as the de facto partner of that staff member on a bona fide domestic basis; or a relative of the staff member who is a member of the same household, where for the purposes of this definition:

 

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

 

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

 

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

 

37.  Parental Leave

 

Parental leave includes maternity, adoption leave and "other parent" leave.

 

(i)         Maternity leave shall apply to a staff member who is pregnant and, subject to this clause the staff member shall be entitled to be granted maternity leave as follows:

 

(a)        For a period up to 9 weeks prior to the expected date of birth; and

 

(b)        For a further period of up to 12 months after the actual date of birth.

 

(c)        A staff member who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.

 

(ii)        Adoption leave shall apply to a staff member adopting a child and who will be the primary care giver, the staff member shall be granted adoption leave as follows:

 

(a)        For a period of up to 12 months if the child has not commenced school at the date of the taking of custody; or

 

(b)        For such period, not exceeding 12 months on a full-time basis, as the Clerk(s) may determine, if the child has commenced school at the date of the taking of custody.

 

(c)        Special Adoption Leave - A staff member shall be entitled to special adoption leave (without pay) for up to 2 days to attend interviews or examinations for the purposes of adoption. Special adoption leave may be taken as a charge against recreation leave, extended leave, flexitime or family and community service leave.

 

(iii)       Where maternity or adoption leave does not apply, "other parent" leave is available to male and female staff who apply for leave to look after his/her child or children. Other parent leave applies as follows:

 

(a)        Short other parent leave - an unbroken period of up to 8 weeks at the time of the birth of the child or other termination of the spouse's or partner's pregnancy or, in the case of adoption, from the date of taking custody of the child or children;

 

(b)        Extended other parent leave - for a period not exceeding 12 months, less any short other parental leave already taken by the staff member as provided for in paragraph (a) of this subclause. Extended other parental leave may commence at any time up to 2 years from the date of birth of the child or the taking of custody of the child.

 

(iv)       A staff member taking maternity or adoption leave is entitled to payment at the ordinary rate of pay for a period of 14 weeks, a staff member entitled to short other parent leave is entitled to payment at the ordinary rate of pay for a period of up to 1 week, provided the staff member:

 

(a)        Applied for parental leave within the time and in the manner determined set out in subclause (ix) of this clause; and

 

(b)        Prior to the commencement of parental leave, completed not less than 40 weeks' continuous service.

 

(c)        Payment for the maternity, adoption or short other parent leave may be made as follows:

 

(1)        in advance as a lump sum; or

 

(2)        fortnightly as normal; or

 

(3)        fortnightly at half pay; or

 

(4)        a combination of full‑pay and half pay.

 

(v)        Payment for parental leave is at the rate applicable when the leave is taken. A member of staff holding a full time position who is on part time leave without pay when they start parental leave is paid:

 

(a)        at the full time rate if they began part time leave 40 weeks or less before starting parental leave;

 

(b)        at the part time rate if they began part time leave more than 40 weeks before starting parental leave and have not changed their part time work arrangements for the 40 weeks;

 

(c)        at the rate based on the average number of weekly hours worked during the 40 week period if they have been on part time leave for more than 40 weeks but have changed their part time work arrangements during that period.

 

(vi)       A staff member who has taken no more than 12 months full time parental leave or its part time equivalent is entitled to be paid at their normal rate (ie the rate at which they were paid before proceeding on parental leave) for another period of such leave regardless of whether they resume their normal hours of work before proceeding on leave for another pregnancy or adoption.

 

(vii)      Except as provided in subclauses (iv), (v) and (vi) of this clause parental leave shall be granted without pay.

 

(viii)     Right to request

 

(a)        A staff member who has been granted parental leave in accordance with subclause (i), (ii) or (iii) may make a request to the Clerk(s) to:

 

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

 

(2)        return from a period of full time parental leave on a part time basis until the child reaches school age (Note: returning to work from parental leave on a part time basis includes the option of returning to work on part time leave without pay);

 

to assist the staff member in reconciling work and parental responsibilities.

 

(b)        The Clerk(s) shall consider the request having regard to the staff member’s circumstances and, provided the request is genuinely based on the staff member’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the Clerk(s)’ business.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(ix)       Notification Requirements

 

(a)        When the Clerk(s) is made aware that a staff member or their spouse is pregnant, or a staff member’s spouse is pregnant or is adopting a child, the Clerk(s) must inform the staff member of their entitlements and their obligations under the award.

 

(b)        A staff member who wishes to take parental leave must notify the Clerk(s) in writing at least 8 weeks (or as soon as practicable) before the expected commencement of parental leave:

 

(1)        that she/he intends to take parental leave, and

 

(2)        the expected date of birth or the expected date of placement, and

 

(3)        if she/he is likely to make a request under subclause (viii).

 

(c)        At least 4 weeks before a staff member's expected date of commencing parental leave they must advise:

 

(1)        the date on which the maternity, adoption or other parent leave is intended to start, and

 

(2)        the period of leave to be taken.

 

(d)        Staff member’s request and the Clerk(s)’ decision to be in writing

 

The staff member’s request under paragraph (viii)(a) and the Clerk(s)’ decision made under paragraph (viii)(b) must be recorded in writing.

 

(e)        A staff member intending to request to return from parental leave on a part time basis or seek an additional period of leave of up to 12 months  must notify the Clerk(s) in writing as soon as practicable and preferably before beginning parental leave. If the notification is not given before commencing such leave, it may be given at any time up to 4 weeks before the proposed return on a part time basis, or later if the Clerk(s) agrees.

 

(f)         A staff member on maternity leave is to notify the Clerk(s) of the date on which she gave birth as soon as she can conveniently do so.

 

(g)        A staff member must notify the Clerk(s) as soon as practicable of any change in her intentions as a result of premature delivery or miscarriage.

 

(h)        A staff member on maternity or adoption leave may change the period of leave or arrangement, once without the consent of the Clerk(s) and any number of times with the consent of the Clerk(s). In each case she/he must give the Clerk(s) at least 14 days notice of the change unless the Clerk(s) decides otherwise.

 

(x)        A staff member has the right to her/his former position if she/he has taken approved leave or part time work in accordance with subclause (viii), and she/he resumes duty immediately after the approved leave or work on a part time basis.

 

(xi)       If the position occupied by the staff member immediately prior to the taking of parental leave has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed to a position of the same grade and classification as the staff member’s former position.

 

(xii)      A staff member does not have a right to her/his former position during a period of return to work on a part time basis. If the Clerk(s) approves a return to work on a part time basis then the position occupied is to be at the same classification and grade as the former position.

 

(xiii)     A staff member who has returned to full time duty without exhausting their entitlement to 12 months unpaid parental leave is entitled to revert back to such leave. This may be done once only, and a minimum of 4 weeks notice (or less if acceptable to the Clerk(s)) must be given.

 

(xiv)     A staff member who is sick during her pregnancy may take available paid sick leave or accrued recreation or extended leave or sick leave without pay. A staff member may apply for accrued recreation leave, extended leave or leave without pay before taking maternity leave. Any leave taken before maternity leave, ceases at the end of the working day immediately preceding the day she starts her nominated period of maternity leave or on the working day immediately preceding the date of birth of the child, whichever is sooner.

 

(xv)      A staff member may elect to take available recreation leave or extended leave within the period of parental leave provided this does not extend the total period of such leave.

 

(xvi)     A staff member may elect to take available recreation leave at half pay in conjunction with parental leave subject to:

 

(a)        accrued recreation leave at the date leave commences is exhausted within the period of parental leave

 

(b)        the total period of parental leave, is not extended by the taking of recreation leave at half pay

 

(c)        When calculating other leave accruing during the period of recreation leave at half pay, the recreation leave at half pay shall be converted to the full time equivalent and treated as full pay leave for accrual of further recreation, extended and other leave at the full time rate

 

(xvii)    If, for any reason, a pregnant staff member is having difficulty in performing her normal duties or there is a risk to her health or to that of her unborn child the Clerk(s), should, in consultation with the member of staff, take all reasonable measures to arrange for safer alternative duties. This may include, but is not limited to greater flexibility in when and where duties are carried out, a temporary change in duties, retraining, multi-skilling, teleworking and job redesign.

 

(xviii)   If such adjustments cannot reasonably be made, the Clerk(s) must grant the staff member maternity leave, or any available sick leave, for as long as it is necessary to avoid exposure to that risk as certified by a medical practitioner, or until the child is born which ever is the earlier.

 

(xix)      Communication during parental leave

 

(a)        Where a staff member is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Clerk(s) shall take reasonable steps to:

 

(1)        make information available in relation to any significant effect the change will have on the status or responsibility level of the position the staff member held before commencing parental leave; and

 

(2)        provide an opportunity for the staff member to discuss any significant effect the change will have on the status or responsibility level of the position the staff member held before commencing parental leave.

 

(b)        The staff member shall take reasonable steps to inform the Clerk(s) about any significant matter that will affect the staff member’s decision regarding the duration of parental leave to be taken, whether the staff member intends to return to work and whether the staff member intends to request to return to work on a part time basis.

 

(c)        The staff member shall also notify the Clerk(s) of changes of address or other contact details which might affect the Clerk(s)’ capacity to comply with paragraph (a).

 

38.  Family and Community Service Leave

 

(i)         The Clerk(s) shall, in the case of emergencies or in personal or domestic circumstances, grant to a staff member some or all of the available family and community service leave on full pay.

 

(ii)        Such cases may include but not be limited to the following:-

 

(a)        compassionate grounds - such as the death or illness of a close member of the family or a member of the staff member's household;

 

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

 

(c)        emergency or weather conditions - such as when flood, fire or snow etc. threaten property and/or prevent a staff member from reporting for duty;

 

(d)        other personal circumstances - such as citizenship ceremonies, parent/teacher interviews or attending child's school for other reasons;

 

(iii)       attendance at court by a staff member to answer a charge for a criminal offence, if the Clerk(s) considers the granting of family and community service leave to be appropriate in a particular case.

 

(iv)       staff members who are selected to represent Australia or the State as competitors in major amateur sport (other than Olympic or Commonwealth Games).

 

(v)        staff who hold office in Local Government other than as a Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council, to attend meetings, conferences or other duties associated with that office where those duties necessitate absence during normal working hours.

 

(vi)       The maximum amount of family and community service leave on full pay which may, subject to this award, be granted to a staff member shall be the greater of the leave provided in paragraphs (a) or (b) below:

 

(a)        2½ of the staff member's working days in the first year of service and, on completion of the first year's service, 5 of the staff member's working days in any period of 2 years; or

 

(b)        After the completion of 2 years continuous service, the available family and community service leave is determined by allowing 1 day's leave for each completed year of service less the total amount of short leave or family and community service leave previously granted to the staff member.

 

(vii)      If available family and community service leave is exhausted as a result of natural disasters, the Clerk(s) shall consider applications for additional family and community service leave, if some other emergency arises. On the death of a person defined in subclause (iii) of clause 36, Sick Leave to Care for a Family Member, additional paid Family and Community Service leave of up to 2 days may be granted on a discrete, per occasion basis to a staff member.

 

(viii)     In cases of illness of a family member for whose care and support the staff member is responsible, paid sick leave in accordance with clause 36, Sick Leave to Care for a Family Member, shall be granted when paid family and community service leave has been exhausted.

 

39.  Observance of Essential Religious Or Cultural Obligations

 

(i)         A staff member of:

 

(a)        any religious faith who seeks leave for the purpose of observing essential religious obligations of that faith; or

 

(b)        any ethnic or cultural background who seeks leave for the purpose of observing any essential cultural obligations,

 

may be granted recreation/extended leave to credit, flex leave, RDO or leave without pay to do so.

 

(ii)        Provided adequate notice as to the need for leave is given by the staff member to the department and it is operationally convenient to release the staff member from duty, the Clerk(s) must grant the leave applied for by the staff member in terms of this subclause.

 

(iii)       A staff member of any religious faith who seeks time off during daily working hours to attend to essential religious obligations of that faith, shall be granted such time off by the Clerk(s), subject to:

 

(a)        adequate notice being given by the staff member;

 

(b)        prior approval being obtained by the staff member; and

 

(c)        the time off being made up in the manner approved by the Clerk(s).

 

(iv)       Notwithstanding the provisions of subclauses (i), (ii) and (iii) of this clause, arrangements may be negotiated between the department and the relevant trade union(s) in terms of clause 5, Local Arrangements of this award to provide greater flexibility for staff members for the observance of essential religious or cultural obligations.

 

40.  Extended Leave

 

Extended leave shall accrue and shall be granted to staff members in accordance with the provisions of Schedule 3 of the Public Sector Employment and Management Act 2002.

 

41.  Leave Without Pay

 

(i)         The Clerk(s) may grant leave without pay to a staff member if good and sufficient reason is shown.

 

(ii)        Leave without pay may be granted on a full-time or a part-time basis.

 

(iii)       Where a staff member is granted leave without pay for a period not exceeding 10 consecutive working days, the staff member shall be paid for any proclaimed public holidays falling during such leave without pay.

 

(iv)       Where a staff member is granted leave without pay which, when aggregated, does not exceed 5 working days in a period of twelve (12) months, such leave shall count as service for incremental progression and accrual of recreation leave.

 

(v)        A staff member who has been granted leave without pay, shall not engage in private employment of any kind during the period of leave without pay, unless prior approval has been obtained from the Clerk(s).

 

(vi)       A staff member shall not be required to exhaust accrued paid leave before proceeding on leave without pay but, if the staff member elects to combine all or part of accrued paid leave with leave without pay, the paid leave shall be taken before leave without pay.

 

(vii)      No paid leave shall be granted during a period of leave without pay.

 

42.  Military Leave

 

(i)         During the period of 12 months commencing on 1 July each year, the Clerk(s) may grant to a staff member who is a volunteer part-time member of the Defence Forces, military leave on full pay to undertake compulsory annual training and to attend schools, classes or courses of instruction conducted by the staff member's unit.

 

(ii)        Up to 24 working days military leave per year may be granted by the Clerk(s) to members of the Naval and Military Reserves and up to 28 working days per year to members of the Air Force Reserve for the activities specified in subclause (i) of this clause.

 

(iii)       At the expiration of military leave, the staff member shall furnish to the Clerk(s) a certificate of attendance signed by the commanding officer or other responsible officer.

 

43.  Special Leave

 

(i)         Witness at Court - Official Capacity - When a staff member is subpoenaed or called as a witness in an official capacity, the staff member shall be regarded as being on duty.

 

(a)        Salary and any expenses properly and reasonably incurred by the staff member in connection with the staff member's appearance at Court as a witness in an official capacity shall be paid by the department.

 

(ii)        Witness at Court - Other than in Official Capacity - Crown Witness - A staff member who is subpoenaed or called as a witness by the Crown (whether in right of the Commonwealth or in right of any State or Territory of the Commonwealth) shall:

 

(a)        be granted, for the whole of the period necessary to attend as such a witness, special leave on full pay; and

 

(b)        pay into the Parliament of the State of New South Wales all money paid to the staff member under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call.

 

(c)        Union Witness - a staff member called by their union to give evidence before an Industrial Tribunal or in another jurisdiction, shall be granted special leave by the department for the required period.

 

(iii)       Called as a witness in a private capacity - A staff member who is subpoenaed or called as a witness in a private capacity shall, for the whole of the period necessary to attend as such a witness, be granted at the staff member's election, available recreation/extended leave on full pay or leave without pay.

 

(iv)       Special Leave - Examinations - Special leave on full pay up to a maximum of 5 days in any one year shall be granted to staff members for the purpose of attending at any examination approved by the Clerk(s).

 

(a)        Special leave granted to attend examinations shall include leave for any necessary travel to or from the place at which the examination is held.

 

(v)        Special Leave - Union Activities - Special leave on full pay may be granted to staff members who are accredited trade union delegates to undertake trade union activities as provided for in Clause 47, Trade Union Activities of this award.

 

(vi)       A staff member who identifies as an Aborigine or a Torres Strait Islander may be granted up to one day's special leave per year to enable the staff member to participate in the National Day celebrations.

 

(vii)      Special Leave - Other Purposes - Special leave on full pay may be granted to staff members by the Clerk(s) for such other purposes, during such periods and subject to the conditions specified in the New South Wales Public Service Personnel Handbook at the time the leave is taken.

 

44.  Study Assistance

 

(i)         Study Time - The Clerk(s) shall have the power to grant or refuse study time.

 

(ii)        Where the Clerk(s) approves the grant of study time, the grant shall be subject to:

 

(a)        the course being a course relevant to the department and/or the Parliament; and

 

(b)        the time being taken at the convenience of the department or section.

 

(c)        Study time not exceeding a maximum of 4 hours per week

 

(iii)       Study time may be granted to both full and part-time staff. Part-time staff however shall be entitled to a pro-rata allocation of study time to that of a full-time staff.

 

(iv)       Study time may be used for:

 

(a)        attending compulsory lectures, tutorials, residential schools, field days etc., where these are held during working hours; and/or

 

(b)        necessary travel during working hours to attend lectures, tutorials etc., held during or outside working hours; and/or private study; and/or accumulation, subject to the conditions specified in subclauses (vi) to (x) of this clause.

 

(v)        Staff requiring study time must nominate the type(s) of study time preferred at the time of application and prior to the proposed commencement of the academic period. The types of study time are as follows:-

 

(a)        Face-to-Face - Staff may elect to take weekly and/or accrued study time, subject to the provisions for its grant.

 

(b)        Correspondence - Staff may elect to take weekly and/or accrued study time, or time off to attend compulsory residential schools.

 

(c)        Accumulation - Staff may choose to accumulate part or all of their study time as provided in paragraphs (vi) to (x) of this clause.

 

(vi)       Accumulated study time may be taken in any manner or at any time, subject to operational requirements of the department.

 

(vii)      Staff on rotating shifts may accumulate study time so that they can take leave for a full shift, where this would be more convenient to both the staff and the department.

 

(viii)     Where at the commencement of an academic year/semester staff elects to accrue study time and that staff member has consequently foregone the opportunity of taking weekly study time, the accrued period of time off must be granted even if changed work circumstances mean absence from duty would be inconvenient.

 

(ix)       Staff attempting courses which provide for annual examinations, may vary the election as to accrual, made at the commencement of an academic year, effective from 1st July in that year.

 

(x)        Where a staff member is employed after the commencement of the academic year, weekly study time may be granted with the option of electing to accrue study time from 1st July in the year of entry on duty or from the next academic year, whichever is the sooner.

 

(xi)       Staff studying in semester based courses may vary their election as to accrual or otherwise from semester to semester.

 

(xii)      Correspondence Courses - Study time for staff studying by correspondence accrues on the basis of half an hour for each hour of lecture/tutorial attendance involved in the corresponding face-to- face course, up to a maximum grant of 4 hours per week. Where there is no corresponding face-to-face course, the training institution should be asked to indicate what the attendance requirements would be if such a course existed.

 

(xiii)     Correspondence students may elect to take weekly study time and/or may accrue study time and take such accrued time when required to attend compulsory residential schools..

 

(xiv)     Repeated subjects - Study time shall not be granted for repeated subjects.

 

(xv)      Expendable grant - Study time if not taken at the nominated time shall be forfeited. If the inability to take study time occurs as a result of a genuine emergency at work, study time for that week may be granted on another day during the same week.

 

(xvi)     Examination Leave - Examination leave shall be granted as special leave for all courses of study approved in accordance with this clause.

 

(xvii)    The period granted as examination leave shall include:

 

(a)        time actually involved in the examination;

 

(b)        necessary travelling time, in addition to examination leave,

 

but is limited to a maximum of 5 days in any one year. Examination leave is not available where an examination is conducted within the normal class timetable during the term/semester and study time has been granted to the staff member.

 

(xviii)   The examination leave shall be granted for deferred examinations and in respect of repeat studies.

 

(xix)      Study Leave - Study leave for full-time study is granted to assist those staff members who win scholarships/fellowships/awards or who wish to undertake full-time study and/or study tours. Study leave may be granted for studies at any level, including undergraduate study.

 

(xx)       All staff members are eligible to apply and no prior service requirements are necessary.

 

(xxi)      Study leave shall be granted without pay, except where the Clerk(s) approves financial assistance.  The extent of financial assistance to be provided shall be determined by the Clerk(s) according to the relevance of the study to the workplace and may be granted up to the amount equal to full salary.

 

(xxii)     Where financial assistance is approved by the Clerk(s) for all or part of the study leave period, the period shall count as service for all purposes in the same proportion as the quantum of financial assistance bears to full salary of the staff member.

 

(xxiii)    Scholarships for Part-Time Study - In addition to the study time/study leave provisions under this subclause, the department may choose to identify courses or educational programmes of particular relevance or value and establish a departmental scholarship to encourage participation in these courses or programmes.  The conditions under which such scholarships are provided should be consistent with the provisions of this clause.

 

45.  Staff Development and Training Activities

 

(i)         For the purpose of this subclause, the following shall be regarded as staff development and training activities:

 

(a)        all staff development courses conducted by a NSW Public Sector organisation;

 

(b)        short educational and training courses conducted by generally recognised public or private educational bodies; and

 

(c)        conferences, conventions, seminars, or similar activities conducted by professional, learned or other generally recognised societies, including Federal or State Government bodies.

 

(ii)        For the purposes of this subclause, the following shall not be regarded as staff development and training activities:-

 

(a)        activities for which study assistance under clause 44 is appropriate, including university or TAFE courses;

 

(b)        activities to which other provisions of this award apply (e.g. courses conducted by trade unions); and

 

(c)        activities which are of no specific relevance to the NSW Parliament.

 

(iii)       Attendance of a staff member at activities considered by the Clerk(s) to be:

 

(a)        essential for the efficient operation of the department; or

 

(b)        developmental and of benefit to the NSW Parliament

 

shall be regarded as on duty for the purpose of payment of salary if a staff member attends such an activity during normal working hours.

 

(iv)       The following provisions shall apply, as appropriate, to the activities considered to be essential for the efficient operation of the department:

 

(a)        recognition that the staff members are performing normal duties during the course;

 

(b)        adjustment for the hours so worked under flexible working hours;

 

(c)        payment of course fees;

 

(d)        payment of all actual necessary expenses or payment of allowances in accordance with this award, provided that the expenses involved do not form part of the course and have not been included in the course fees; and

 

(e)        payment of overtime where the activity could not be conducted during the staff member's normal hours and the Clerk(s) is satisfied that the approval to attend constitutes a direction to work overtime under clause 48, Overtime of this award.

 

(v)        The following provisions shall apply, as appropriate, to the activities considered to be staff developmental and of benefit to the department or section

 

(a)        recognition of the staff member as being on duty during normal working hours whilst attending the activity;

 

(b)        payment of course fees;

 

(c)        reimbursement of any actual necessary expenses incurred by the staff member for travel costs, meals and accommodation, provided that the expenses have not been paid as part of the course fee; and

 

(d)        such other conditions as may be considered appropriate by the Clerk(s) given the circumstances of attending at the activity, such as compensatory leave for excess travel or payment of travelling expenses.

 

(vi)       Where the training activities are considered to be principally of benefit to the staff member and of indirect benefit to the department or section, special leave of up to 10 days per year shall be granted to a staff member. If additional leave is required and the Clerk(s) is able to release the staff member, such leave shall be granted as a charge against available flexleave, recreation/extended leave or as leave without pay.

 

(vii)      Higher Duties Allowance - Payment of a higher duties allowance is to continue where the staff member attends a training or developmental activity whilst on duty in accordance with this subclause.

 

46.  Trade Union Activities

 

(i)         A trade union delegate will be released from the performance of normal departmental duty in respect of activities specified below. While undertaking such activities the trade union delegate will be regarded as being on duty and will not be required to apply for leave:

 

(a)        Attendance at meetings of the workplace's Occupational Health and Safety Committee and participation in all official activities relating to the functions and responsibilities of elected Occupational Health and Safety Committee members at a place of work as provided for in the Occupational Health and Safety Act 2000 and the Occupational Health and Safety Regulation 2001;

 

(b)        Attendance at meetings with workplace management or workplace management representatives;

 

(c)        A reasonable period of preparation time, before

 

(1)        meetings with management

 

(2)        disciplinary or grievance meetings when a trade union member requires the presence of a trade union delegate; and

 

(3)        any other meeting with management, by agreement with management, where operational requirements allow the taking of such time;

 

(d)        Giving evidence in court on behalf of the employer;

 

(e)        Appearing as a witness before the Government and Related Employees Appeal Tribunal;

 

(f)         Representing their trade union at the Government and Related Employees Appeal Tribunal as an advocate or as a Tribunal Member;

 

(g)        Presenting information on the trade union and trade union activities at induction sessions for new staff of the department; and

 

(h)        Distributing official trade union publications or other authorised material at the workplace, provided that a minimum of 24 hours notice is given to workplace management, unless otherwise agreed between the parties. Distribution time is to be kept to a minimum and is to be undertaken at a time convenient to the workplace.

 

(ii)        Trade Union Activities regarded as Special Leave.

 

The granting of special leave with pay will apply to the following activities undertaken by a trade union delegate, as specified below:-

 

(a)        annual or biennial conferences of the delegate's union;

 

(b)        meetings of the union's Executive, Committee of Management or Councils;

 

(c)        annual conference of Unions NSW and the biennial Congress of the Australian Council of Trade Unions;

 

(d)        attendance at meetings called by Unions NSW involving a public sector trade union which requires attendance of a delegate;

 

(e)        attendance at meetings called by the Presiding Officer(s), as the employer for industrial purposes, as and when required;

 

(f)         giving evidence before an Industrial Tribunal as a witness for the trade union;

 

(g)        reasonable travelling time to and from conferences or meetings to which the provisions of subclauses (i), (ii) and (iii) of this clause apply.

 

(iii)       Trade Union Training Courses - The following training courses will attract the grant of special leave as specified below:-

 

(a)        accredited Occupational Health and Safety (OH&S) courses and any other accredited OH&S training for OH&S Committee members.

 

The provider(s) of accredited OH&S training courses and the conditions on which special leave for such courses will be granted, shall be negotiated between the Clerk(s) and the relevant trade union under a local arrangement pursuant to clause 5, Local Arrangements of this award.

 

(b)        courses organised and conducted by the Trade Union Education Foundation or by the member's trade union or a training provider nominated by the member's trade union. A maximum of 12 working days in any period of 2 years applies to this training and is subject to:

 

(1)        the operating requirements of the workplace permitting the grant of leave and the absence not requiring employment of relief staff;

 

(2)        payment being at the base rate, i.e. excluding extraneous payments such as shift allowances/penalty rates, overtime, etc;

 

(3)        all travelling and associated expenses being met by the staff member or his/her union;

 

(4)        attendance being confirmed in writing by the member's trade union or a nominated training provider.

 

(iv)       Trade Union On Loan Arrangements - Subject to the operational requirements of the workplace, on loan arrangements will apply to the following activities:

 

(a)        meetings interstate or in NSW of a Federal nature to which a representative or member has been nominated or elected by the union:-

 

(1)        as an Executive Member; or

 

(2)        a member of a Federal Council; or

 

(3)        vocational or industry committee.

 

(b)        briefing counsel on behalf of the union;

 

(c)        assisting union officials with preparation of cases or any other activity outside their normal workplace at which the delegate is required to represent the interests of their trade union;

 

(d)        country tours undertaken by a member of the Executive or Council of the trade union;

 

(e)        taking up of full time duties with the trade union if elected to the office of President, General Secretary or to another full time position with the trade union.

 

(f)         Financial Arrangements - The following financial arrangements apply to the occasions when a staff member is placed "on loan" to his/her trade union:-

 

(1)        the department will continue to pay the delegate or an authorised union representative whose services are on loan to their trade union;

 

(2)        the department will seek reimbursement from the trade union at regular intervals of all salary and associated on costs, including superannuation, as specified by the NSW Treasury from time to time.

 

(3)        Agreement with the trade union on the financial arrangements must be reached before the on loan arrangement commences and must be documented in a manner negotiated between the Clerk(s) and the trade union.

 

(g)        Recognition of "on loan" arrangement as service - On loan arrangements negotiated in terms of this clause are to be regarded as service for the accrual of all leave and for incremental progression.

 

(h)        Limitation - On loan arrangements may apply to full-time or part-time staff and are to be kept to the minimum time required. Where the trade union needs to extend an on loan arrangement, the trade union shall approach the Clerk(s) in writing for an extension of time well in advance of the expiration of the current period of on loan arrangement.

 

(i)         Where the Clerk(s) and the relevant trade union cannot agree on the on loan arrangement, the matter is to be referred to the Presiding Officer(s) for consultation with the Clerk(s) and the trade union.

 

(v)        Period of Notice for Trade Union Activities - The Clerk(s) must be notified in writing by the trade union or, where appropriate, by the accredited delegate as soon as the date and/or time of the meeting, conference or other accredited activity is known.

 

(vi)       Access to Facilities by Trade Union Delegates - The workplace shall provide accredited delegates with reasonable access to the following facilities for authorised union activities:

 

(a)        telephone, facsimile and, where available, E-mail facilities;

 

(b)        a notice board for material authorised by the union or access to staff notice boards for material authorised by the union;

 

(c)        workplace conference or meeting facilities, where available, for meetings with member(s), as negotiated between local management and the relevant trade union.

 

(vii)      Responsibilities of the Trade Union Delegate - Responsibilities of the union delegate are to:

 

(a)        establish accreditation as a delegate with the union and provide proof of accreditation to the workplace;

 

(b)        participate in the workplace consultative processes, as appropriate;

 

(c)        follow the dispute settling procedure applicable in the workplace;

 

(d)        provide sufficient notice to the immediate supervisor of any proposed absence on authorised union business;

 

(e)        account for all time spent on authorised union business;

 

(f)         when special leave is required, to apply for special leave in advance;

 

(g)        distribute union literature/membership forms, under local arrangements negotiated between the Clerk(s) and the relevant trade union; and

 

(h)        use any facilities provided by the workplace properly and reasonably as negotiated at organisational level.

 

(viii)     Responsibilities of the Trade Union - Responsibilities of the Trade Union are to:

 

(a)        provide written advice to the Clerk(s) about a Trade Union activity to be undertaken by an accredited delegate and, if requested, to provide written confirmation to the workplace management of the delegate's attendance/participation in the activity;

 

(b)        meet all travelling, accommodation and any other costs incurred by the accredited delegate, except as provided in paragraph (c) of subclause (ix) of this clause;

 

(c)        pay promptly any monies owing to the workplace under a negotiated on loan arrangement;

 

(d)        provide proof of identity when visiting a workplace in an official capacity, if requested to do so by management;

 

(e)        apply to the Clerk(s) well in advance of any proposed extension to the "on loan" arrangement; and

 

(f)         assist the workplace management in ensuring that time taken by the union delegate is accounted for and any facilities provided by the employer are used reasonably and properly;

 

(g)        advise the employer of any leave taken by the trade union delegate during the on loan arrangement.

 

(ix)       Responsibilities of Workplace Management - Where time is required for union activities in accordance with this clause the responsibilities of the workplace management are to:

 

(a)        release the accredited delegate from duty for the duration of the union activity, as appropriate, and, where necessary, to allow for sufficient travelling time during the ordinary working hours;

 

(b)        meet the travel and/or accommodation costs properly and reasonably incurred in respect of meetings called by the workplace management;

 

(c)        where possible, provide relief in the position occupied by the delegate in the workplace, while the delegate is undertaking union responsibilities to assist with the business of workplace management;

 

(d)        recredit any other leave applied for on the day to which special leave or release from duty subsequently applies;

 

(e)        where a union activity provided under this clause needs to be undertaken on the trade union delegate's rostered day off or during an approved period of flex leave, apply the provisions of paragraph (d) of this subclause;

 

(f)         continue to pay salary during an "on loan" arrangement negotiated with the relevant union and to obtain reimbursement of salary and on-costs from the union at regular intervals, or as otherwise agreed between the parties if long term arrangements apply;

 

(g)        verify with the union the time spent by a union delegate or delegates on union business, if required; and

 

(h)        if the time and/or the facilities allowed for union activities are thought to be used unreasonably and/or improperly, consult with the trade union before taking any remedial action.

 

(i)         Advise the accredited delegate of the date of the next induction session for new staff members in sufficient time to enable the trade union to arrange representation at the session

 

(x)        Right of Entry - The right of entry provisions shall be as prescribed under the Occupational Health and Safety Act 2000 and the Occupational Health and Safety Regulation 2001and the Industrial Relations Act 1996.

 

(xi)       Travelling and Other Costs of Trade Union Delegates

 

(a)        Except as specified in paragraph (c) of subclause (ix) of this clause, all travel and other costs incurred by accredited union delegates in the course of trade union activities will be paid by their union.

 

(b)        In respect of meetings called by the workplace management in terms of paragraph (c) of subclause (ix) of this clause, the payment of travel and/or accommodation costs, properly and reasonably incurred, is to be paid, as appropriate, on the same conditions as apply under clause 14, Travel Allowances and clause 15, Allowance payable for the Use of Private Motor Vehicles of this award.

 

(c)        No overtime, leave in lieu, shift penalties or any other additional costs will be claimable by a staff member from the department, in respect of union activities covered by special leave or on duty activities provided for in this clause.

 

(d)        The on loan arrangements shall apply strictly as negotiated and no extra claims in respect of the period of on loan shall be made on the department by the union or the staff member.

 

(xii)      Industrial Action

 

(a)        Provisions of the Industrial Relations Act 1996 shall apply to the right of union members to take lawful industrial action.

 

(b)        There will be no victimisation of staff members prior to, during or following such industrial action.

 

(xiii)     Consultation and Technological Change

 

(a)        There shall be effective means of consultation, as set out in the Consultative Arrangements Policy and Guidelines document, on matters of mutual interest and concern, both formal and informal, between management and the trade unions represented in the department or section.

 

(b)        Management shall consult with the relevant trade union prior to the introduction of technological change.

 

47.  Shiftwork

 

(i)         Shift Loadings - A shift worker employed on a shift shall be paid, for work performed during the ordinary hours of any such shift, ordinary rates plus the following additional shift loadings depending on the commencing times of shifts:

 

Day - at or after 6am and before 10am Nil

 

Afternoon - at or after 10am and before 1pm  10%

 

Afternoon - at or after 1pm and before 4pm  12½%

 

Night - at or after 4pm and before 4am  15%

 

Night - at or after 4am and before 6am  10%

 

(ii)        The loadings specified in subclause (i) of this clause shall only apply to shifts worked from Monday to Friday, except:

 

(a)        The loadings specified in subclause (i) shall not be paid to staff members employed as Security Officers who receive a salary inclusive of a 10.3 percent loading for shifts worked Monday to Friday.

 

(iii)       Weekends and Public Holidays - For the purpose of this clause any shift, the major portion of which is worked on a Saturday, Sunday or Public Holiday shall be deemed to have been worked on a Saturday, Sunday or Public Holiday and shall be paid as such.

 

(iv)       Saturday Shifts - Shift workers working on an ordinary rostered shift between midnight on Friday and midnight on Saturday which is not a public holiday, shall be paid for such shifts at ordinary time and one half.

 

(v)        Sunday Shifts - Shift workers working on an ordinary rostered shift between midnight on Saturday and midnight on Sunday which is not a public holiday, shall be paid for such shifts at two times the rate for time worked.

 

(vi)       Public Holidays -

 

(a)        where a shift worker is required to and does work on a Public Holiday, the shift worker shall be paid at two and a half times the rate for time worked. Such payment shall be in lieu of weekend or shift allowances which would have been payable if the day had not been a Public Holiday;

 

(b)        a shift worker rostered off duty on a Public Holiday shall be paid one day's pay for that Public Holiday or have one day added to his/her annual holidays for each such day;

 

(vii)      Rosters - Rosters covering a minimum period of 28 days, where practicable, shall be prepared and issued at least 7 days prior to the commencement of the rosters. Each roster shall indicate the starting and finishing time of each shift. Where current or proposed shift arrangements are incompatible with the shift worker's family, religious or community responsibilities, every effort to negotiate individual alternative arrangements shall be made by the Clerk(s).

 

(viii)     Notice of Change of Shift - A shift worker who is required to change from one shift to another shift shall, where practicable, be given forty eight (48) hours notice of the proposed change.

 

(ix)       Breaks between Shifts - A minimum break of eight (8) consecutive hours between ordinary rostered shifts shall be given.

 

(x)        If a shift worker resumes or continues to work without having had eight (8) consecutive hours off duty, the shift worker shall be paid overtime until released from duty for eight (8) consecutive hours. The shift worker will then be entitled to be off duty for at least eight (8) consecutive hours without loss of pay for ordinary working time which falls during such absence.

 

(xi)       Time spent off duty may be calculated by determining the amount of time elapsed after:-

 

(a)        the completion of an ordinary rostered shift; or

 

(b)        the completion of authorised overtime; or

 

(c)        the completion of additional travelling time, if travelling on duty, but shall not include time spent travelling to and from the workplace.

 

(xii)      Eight Consecutive Hours Break on Overtime -

 

(a)        When overtime is necessary, wherever reasonably practicable, it shall be arranged so that shift workers have at least eight (8) consecutive hours off duty.

 

(b)        For Security Officers 10 hours will substitute for 8 hours in this clause except when overtime is worked.

 

(1)        for the purpose of changing shift rosters; or

 

(2)        where a shift worker does not report for duty and another shift worker is required to replace such shift worker; or

 

(3)        where a shift is worked by arrangements between the staff members themselves

 

(xiii)     The rest period off duty shall be not less than eight (8) consecutive hours when the overtime is worked for the purpose of changing shift rosters except where an arrangement between shift workers alters the ordinary rostered shift and such alteration results in a rest period of less than eight (8) hours.

 

(xiv)     Daylight Saving - In all cases where a shift worker works during the period of changeover to and from daylight saving time, the shift worker shall be paid the normal rate for the shift.

 

(xv)      In the event of a failure of a Security Officer to attend for duty on a shift on which they are rostered, a Security Officer who has completed the previous shift may be required to stand in for the absent staff member. The staff member to stand in will be the Leading Hand on the previous shift unless other arrangements are agreed between the parties.

 

48.  Overtime

 

(i)         General

 

(a)        A staff member may be directed by the Clerk(s) or their delegate to work overtime, provided it is reasonable for the staff member to be required to do so. A staff member may refuse to work overtime in circumstances where the working of such overtime would result in the staff member working unreasonable hours.  In determining what is unreasonable, the following factors shall be taken into account:

 

the staff member's prior commitments outside the workplace, particularly their family and carer responsibilities, community obligations or study arrangements,

 

any risk to the staff member’s health and safety,

 

the urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services,

 

the notice (if any) given by the Clerk(s) or their delegate regarding the working of the overtime, and by the staff member of their intention to refuse overtime, or

 

any other relevant matter.

 

(b)        Payment for overtime shall be made only where the staff member works directed overtime.

 

(c)        Payment for overtime worked and/or on-call (standby) allowance shall not be made under this clause if the staff member is eligible, under any other industrial instrument, to:

 

(1)        compensation specifically provided for overtime and/or on-call (standby) allowance; or

 

(2)        be paid an allowance for overtime and/or on-call (standby) allowance; or

 

(3)        a rate of salary which has been determined as inclusive of overtime and/or on-call (standby) allowance,

 

(d)        Payment of overtime will not be made to staff defined as Members’ staff in clause 2, Definitions who receive an all incidence of employment allowance.

 

(ii)        Overtime

 

(a)        The provisions of this clause shall not apply to:

 

(1)        shift workers as defined in clause 2, Definitions of this award and to whom provisions of subclauses (iii) of this clause apply;

 

(2)        staff members covered by formal local arrangements in respect of overtime negotiated between the Clerk(s) and the relevant trade union;

 

(3)        staff members to whom overtime provisions apply under another industrial instrument;

 

(4)        staff members whose salary includes compensation for overtime; and

 

(5)        staff members who receive an allowance in lieu of overtime.

 

(b)        Rates - Overtime shall be paid at the following rates:

 

(1)        Weekdays (Monday to Friday inclusive) - at the rate of time and one half for the first two hours and at the rate of double time thereafter for all directed overtime worked outside the staff member's ordinary hours of duty, if working standard hours, or outside the bandwidth, if working under a flexible working hours scheme, unless local arrangements negotiated in terms of clause 5, Local Arrangements of this award apply;

 

(2)        Saturday - All overtime worked on a Saturday at the rate of time and one half for the first two hours and at the rate of double time thereafter;

 

(3)        Sundays - All overtime worked on a Sunday at the rate of double time;

 

(4)        Public Holidays - All overtime worked on a public holiday at the rate of double time and one half.

 

(iii)       Overtime Worked by Shift Workers

 

(a)        The following rates are payable for any overtime worked by shift workers and shall be in substitution of and not cumulative upon the rates payable for shift work performed on Monday to Friday, Saturday, Sunday or Public Holiday.

 

(1)        Monday-Friday - All overtime worked by shift workers Monday to Friday inclusive, shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

 

(2)        Saturday - All overtime worked by shift workers on Saturday, shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

 

(3)        Sunday - All overtime worked by shift workers on a Sunday shall be paid for at the rate of double time.

 

(4)        Public Holidays - All overtime worked on a public holiday shall be paid for at the rate of double time and one half.

 

(iv)       If a staff member is absent from duty on any working day during any week in which overtime has been worked the time so lost may be deducted from the total amount of overtime worked during the week unless the staff member has been granted leave of absence or the absence has been caused by circumstances beyond the staff member's control.

 

(v)        A staff member who works overtime on a Saturday, Sunday or public holiday, shall be paid a minimum payment as for three (3) hours work at the appropriate rate.

 

(vi)       Rest Periods

 

(a)        A staff member who works overtime shall be entitled to be absent until eight (8) consecutive hours have elapsed.

 

(b)        Where a staff member, at the direction of the supervisor, resumes or continues work without having had eight (8) consecutive hours off duty then such staff member shall be paid at the appropriate overtime rate until released from duty. The staff member shall then be entitled to eight (8) consecutive hours off duty and shall be paid for the ordinary working time occurring during the absence.

 

(c)        The provision of this clause, Rest periods, will not apply to sessional staff where the overtime and attendance at work and rest period of less than 8 hours is the result of a sitting of the Legislative Assembly or the Legislative Council.

 

(d)        For Security Officers, the provision of clause 47, Shift Work applies.

 

(vii)      Recall to Duty

 

(a)        A staff member recalled to work overtime after leaving the employer's premises shall be paid for a minimum of three (3) hours work at the appropriate overtime rates.

 

(1)        For Security Officers, 4 hours will substitute for 3 hours in this clause.

 

(b)        The staff member shall not be required to work the full three (3) hours if the job can be completed within a shorter period.

 

(c)        When a staff member returns to the place of work on a number of occasions in the same day and the first or subsequent minimum pay period overlap into the next callout period, payment shall be calculated from the commencement of the first recall until either the end of duty or three (3) hours from the commencement of the last recall, whichever is the greater. Such time shall be calculated as one continuous period.

 

(d)        When a staff member returns to the place of work on a second or subsequent occasion and a period of three (3) hours has elapsed since the staff member was last recalled, overtime shall only be paid for the actual time worked in the first and subsequent periods with the minimum payment provision only being applied to the last recall on the day.

 

(e)        A recall to duty commences when the staff member starts work and terminates when the work is completed.  A recall to duty does not include time spent travelling to and from the place at which work is to be undertaken.

 

(f)         A staff member recalled to duty within three (3) hours of the commencement of usual hours of duty shall be paid at the appropriate overtime rate from the time of recall to the time of commencement of such normal work.

 

(g)        This subclause shall not apply in cases where it is customary for a staff member to return to the department's premises to perform a specific job outside the staff member's ordinary hours of duty, or where overtime is continuous with the completion or commencement of ordinary hours of duty.  Overtime worked in these circumstances shall not attract the minimum payment of three (3) hours unless the actual time worked is three (3) or more hours.

 

(viii)     On call (Standby)

 

When a staff member is directed to be on call or on standby for a possible recall to duty, payment of an on call allowance shall be made. Where a rate of on call allowance has not already been determined for the staff member as at the date of the making of this award, the rate shown in item 11 of Table 1 - Allowances, of Part B Monetary Rates shall be made for the duration of on call (standby).

 

(ix)       Meal Breaks on Overtime

 

(a)        Staff members not working flexible hours - A staff member required to work overtime on weekdays for an hour and a half or more after the staff member's ordinary hours of duty on weekdays, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every five hours of overtime worked.

 

(b)        Staff member working flexible hours - A staff member required to work overtime on weekdays beyond 6.00 p.m. and until or beyond eight and a half hours after commencing duty plus the time taken for lunch, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every five hours of overtime worked.

 

(c)        Staff Members Generally - A staff member required to work overtime on a Saturday, Sunday or Public Holiday, shall be allowed 30 minutes for a meal after every five hours of overtime worked. A staff member who is unable to take a meal break and who works for more than five hours shall be given a meal break at the earliest opportunity.

 

(x)        Meal Allowances for Overtime

 

(a)        If an adequate meal is not provided by the department, a meal allowance shall be paid by the department for meal breaks taken pursuant to subclause (ix) Meal Breaks on Overtime of this clause, provided the Clerk(s) is satisfied that:

 

(1)        the time worked is directed overtime;

 

(2)        the staff member properly and reasonably incurred expenditure in obtaining the meal in respect of which the allowance is sought;

 

(3)        where the staff member was able to cease duty for at least 30 minutes before or during the working of overtime to take the meal, the staff member did so; and

 

(4)        overtime is not being paid in respect of the time taken for a meal break.

 

(b)        The amount of the allowance for the meal shall be at the rate specified in Item 14 of Table 1 - Allowances of Part B, Monetary Rates, as appropriate.

 

(c)        Notwithstanding the above provisions, nothing in this clause shall prevent the Clerk(s) and the relevant trade union(s) from negotiating different meal provisions under a local arrangement.

 

(xi)       Senior Staff payments:

 

(a)        A staff member whose salary, or salary and allowance in the nature of salary, exceeds the maximum rate for Clerk Grade 8, as varied from time to time, shall be paid for working directed overtime at the maximum rate for Clerk, Grade 8 plus $1.00, unless the Clerk(s) approves payment for directed overtime at the staff member's salary or, where applicable, salary and allowance in the nature of salary.

 

(b)        Sessional Staff as defined in clause 2, Definitions, whose salary, or salary and allowance in the nature of salary, exceeds an amount equivalent to the rate prescribed as the maximum for a clerk grade 8, as varied from time to time, shall be entitled to payment of an allowance as set in item 15 Part B, Table 1 Allowances in lieu of overtime on each occasion they are required to work beyond 8.00 pm in sitting periods.

 

(xii)      The Clerk(s) shall grant compensation for directed overtime worked either by payment at the appropriate rate or, if the staff member so elects, by the grant of leave in lieu in accordance with subclause (xiii) of this clause.

 

(xiii)     Leave In Lieu of Payment for overtime

 

(a)        A staff member who, at the direction of the Clerk(s) works overtime, may elect to take leave in lieu of payment for all or part of the entitlement in respect of time worked.

 

(b)        The following provisions shall apply to the leave in lieu:-

 

(1)        he staff member shall advise the supervisor before the overtime is worked or as soon as practicable on completion of overtime, that the staff member intends to take leave in lieu of payment;

 

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

 

(3)        the leave must be taken at the convenience of the department, except when leave in lieu is being taken to look after a sick family member. In such cases the conditions set out in clause 36, Sick Leave to Care for a Family Member of this award apply;

 

(4)        the leave shall be taken in multiples of a quarter day, unless debiting of leave in hours or in fractions of an hour has been approved in the staff member's department or section;

 

(5)        leave in lieu accrued in respect of overtime worked on days other than public holidays, shall be given by the department and taken by the staff member within three months of accrual unless alternate local arrangements have been negotiated between the Clerk(s) and the relevant trade union(s);

 

(6)        at the staff member's election, leave in lieu accrued in respect of overtime worked on a public holiday may be added to the staff member's annual leave credits and may be taken in conjunction with annual leave; and

 

(7)        a staff member shall be paid for the balance of any overtime entitlement not taken as leave in lieu.

 

(xiv)     Compensation for additional hours worked by Duty Officer, State Emergency Services.

 

The time spent at home as Duty officer, State Emergency Services during flood alerts on weekends and public holidays, shall be compensated by:-

 

(a)        payment at the rate of one third of one day’s pay for each tour of duty; or

 

(b)        if so desired by the staff member concerned, granting time off in lieu of payment calculated in accordance with subclause (xiii) of this clause.

 

(xv)      Calculation of Overtime

 

(a)        Unless a minimum payment in terms of subclause (v) of this clause applies, overtime shall not be paid if the total period of overtime worked is less than a quarter of an hour.

 

(b)        The formula for the calculation of overtime at ordinary rates for staff members employed on a five (5) day basis shall be:

 

Annual salary	x	5	x	1
1		260.89		Normal hours of work

 

(c)        The formula for the calculation of overtime at ordinary rates for staff members employed on a seven (7) day basis shall be:

 

Annual salary	x	7	x	1
1		365.25		Normal hours of work

 

(d)        To determine time and one half, double time or double time and one half, the hourly rate at ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated to the nearest cent.

 

(e)        Overtime is not payable for time spent travelling.

 

(xvi)     Adjustment of Meal Allowances

 

(a)        The rates of overtime meal allowances shall be adjusted in accordance with the provisions contained in clause 27, Adjustment of Allowances of this award.

 

(b)        Where an allowance under paragraph (a) of this subclause is insufficient to reimburse the staff member the cost of a meal, properly and reasonably incurred, the Clerk(s) shall approve payment of actual expenses.

 

(c)        Where the meal was not purchased, payment of a meal allowance shall not be made.

 

(d)        Receipts shall be provided to the Clerk(s) or his/her delegate in support of any claims for additional expenses or when the staff member is required to substantiate the claim.

 

(xvii)    Provision of Transport

 

(a)        For the purpose of this subclause, departure or arrival after 8.00 p.m. will determine whether the provisions of this subclause apply.

 

Departure or arrival after 8.00 p.m. of a staff member on overtime or a regular or rotating shift roster does not in itself warrant the provision of transport. It needs to be demonstrated that the normal means of transport, public or otherwise, is not reasonably available and/or that travel by such means of transport places the safety of the staff member at risk.

 

The responsibility of deciding whether the provision of assistance with transport is warranted in the circumstances set out above, rests with administrative units of departments where knowledge of each particular situation will enable appropriate judgements to be made.

 

(b)        Arrangement of Overtime

 

Where overtime is required to be performed, it should be arranged, as far as is reasonably possible, so that the staff member can use public transport or other normal means of transport to and from work.

 

(c)        Provision of Taxis

 

Where a staff member, other than a staff working rostered shifts, ceases overtime duty after 8.00 p.m. and public transport or other normal means of transport is not reasonably available, arrangements may be made for transport home or to be provided by way of taxi.

 

49.  Grievance and Dispute Settling Procedures

 

(i)         All grievances and disputes relating to the provisions of this award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the appropriate department, if required.

 

(ii)        A staff member is required to notify in writing their immediate manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

(iii)       The immediate manager shall convene a meeting in order to resolve the grievance, dispute or difficulty within three (3) working days, or as soon as practicable, of the matter being brought to attention.

 

(iv)       Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Ant- Discrimination Act 1977) that makes it impractical for the staff member to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Clerk(s) or appointed deputy.

 

(v)        If the matter remains unresolved with the immediate manager, the staff member may request to meet the appropriate person at the next level of management in order to resolve the matter. This manager shall respond within three (3) working days, or as soon as practicable. This sequence of reference to successive levels of management may be pursued by the staff member until the matter is referred to the Clerk(s).

 

(vi)       The Clerk(s) may refer the matter to the Presiding Officer(s) for consideration.

 

(vii)      If the matter remains unresolved, the Clerk(s) shall provide a written response to the staff member and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

(viii)     A staff member, at any stage, may request to be represented by their union.

 

(ix)       The staff member or the union on their behalf, or the Clerk(s) may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

(x)        The staff member, union, department and Presiding Officer(s) shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

(xi)       Whilst the procedures outlined in subclauses (i) to (ix) of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any staff member or member of the public.

 

50.  Anti Discrimination

 

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

 

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

 

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

 

(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 section 56(d) of the Anti-Discrimination Act 1977;

 

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

 

(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.

 

51.  Existing Entitlements

 

The provisions of this award shall not affect any entitlements existing in a department or section at the time this award is made, if such provisions are better than the provisions contained in this award.  Such entitlements are hereby expressly preserved until renegotiated with the relevant trade union.

 

52.  Deduction of Union Membership Fees

 

(i)         The union shall provide the Presiding Officers with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union’s rules.

 

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

 

(iii)       Subject to (i) and (ii) above, the Presiding Officers shall deduct union fortnightly membership fees from the salary of any staff member who is a member of the union in accordance with the union’s rules, provided that the staff member has authorized the Presiding Officers to make such deductions.

 

(iv)       Monies so deducted from staff members’ salary shall be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to staff members’ union membership accounts.

 

(v)        Unless other arrangements are agreed to by the Presiding Officers and the union, all union membership fees shall be deducted on a fortnightly basis.

 

(vi)       Where a staff member has already authorized the deduction of union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the staff member to make a fresh authorization in order for such deductions to continue.

 

53.  Secure Employment

 

(i)         Objective of this Clause

 

The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

 

(ii)        Casual Conversion

 

(a)        A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

(b)        Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

 

(c)        Any casual employee who has a right to elect under paragraph (ii)(a), upon receiving notice under paragraph (ii)(b) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(d)        Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

(e)        Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

 

(f)         If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (ii)(c), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (ii)(c), discuss and agree upon:

 

(1)        whether the employee will convert to full-time or part-time employment; and

 

(2)        if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

 

(g)        Following an agreement being reached pursuant to paragraph (f), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(h)        An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

(iii)       Occupational Health and Safety

 

(a)        For the purposes of this subclause, the following definitions shall apply:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(c)        Nothing in this subclause (iii) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

(iv)       Disputes Regarding the Application of this Clause

 

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

 

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

 

Part B

 

MONETARY RATES

 

Table 1 - Allowances

 

Effective 1 July 2007

 

Item No.	Clause No	Description	Amount
			$
1	Clause 14 (ii) (k)	Meal Expenses on One Day Journeys
		Capital cities and high cost country centres
		(see list in item 2)
		Breakfast	20.20
		Dinner	38.95
		Lunch	22.65
		Tier 2 and other country centres
		(see list in item 2)
		Breakfast	18.05
		Dinner	35.60
		Lunch	20.65
2	Clause 14	Travelling Allowances When Staying in Non-
		Govt.
		Accommodation
		Capital Cities	Per day
		Adelaide	$242.25
		Brisbane	$253.25
		Canberra	$211.25
		Darwin	$238.25
		Hobart	201.25
		Melbourne	247.25
		Perth	233.25
		Sydney	280.25
		High cost country centres	Per day
		Alice Springs (NT)	195.25
		Ballarat (Vic)	199.25
		Bendigo (Vic)	204.75
		Broome (WA)	250.25
		Bunbury (WA)	194.25
		Burnie (Tas)	210.75
		Carnarvon (WA)	206.75
		Christmas Island (WA)	217.25
		Cocos (Keeling) Island	197.25
		Dampier (WA)	247.25
		Derby (WA)	236.25
		Devonport (Tas)	203.75
		Emerald (QLD)	193.75
		Exmouth (WA)	224.75
		Geraldton (WA)	194.25
		Gold Coast (QLD)	215.25
		Halls Creek (WA)	222.25
		Horn Island (QLD)	216.25
		Jabiru (NT)	287.25
		Kadina (SA)	194.25
		Kalgoorlie (WA)	199.75
		Karratha (WA)	286.25
		Kununurra (WA)	244.25
		Launceston (TAS)	198.25
		Mackay (QLD)	197.25
		Maitland (NSW)	195.75
		Mount Gambier (SA)	194.25
		Mount Isa (QLD)	207.25
		Naracoorte (SA)	193.25
		Newcastle (NSW)	202.25
		Newman (WA)	233.25
		Norfolk Island	195.25
		Port Hedland (WA)	276.75
		Port Lincoln (SA)	193.25
		Port Macquarie (NSW)	200.25
		Portland (VIC)	198.25
		Thursday Island (QLD)	262.25
		Wagga Wagga (NSW)	197.75
		Warrnambool (VIC)	196.75
		Weipa (Qld)	222.25
		Whyalla (SA)	194.25
		Wollongong (NSW)	195.75
		Wonthaggi (VIC)	208.25
		Yulara (NT)	410.25
		Tier 2 country centres	Per day
		Albany (WA)	180.75
		Bairnsdale (VIC)	180.75
		Bathurst  (NSW)	180.75
		Bordertown (SA)	180.75
		Bright (VIC)	180.75
		Broken Hill (NSW)	180.75
		Cairns (Qld)	180.75
		Castlemaine (VIC)	180.75
		Ceduna (SA)	180.75
		Dalby (QLD)	180.75
		Dubbo (NSW)	180.75
		Echuca (VIC)	180.75
		Esperance (WA)	180.75
		Gladstone (QLD)	180.75
		Horsham (VIC)	180.75
		Innisfail (QLD)	180.75
		Orange (NSW)	180.75
		Port Augusta (SA)	180.75
		Renmark (SA)	180.75
		Roma (QLD)	180.75
		Seymour (VIC)	180.75
			Per Day
		Other country centres	170.75
3	Clause 14(iii)	Incidental expenses when claiming actual expenses	15.45
	(b)(2)	- all locations
4	Clause 14 (iii)(e)	Daily allowance payable after 35 days and up to 6	50% of the
		months in the same location - all locations	appropriate
			location
			rate
5	Clause 14(iv)	Government accommodation- incidental expenses	15.45
		(per day)
6	Clause 15	Use of private motor vehicle	Cents per
			kilometre
		Official business
		Engine capacity-
		2601cc and over	83.0
		1601cc to 2600cc	77.3
		1600cc or less	55.3
		Casual rate
		Engine capacity-
		2601cc and over	29.5
		1601cc-2600cc	27.4
		1600cc or less	23.1
		Motor cycle allowance
		Normal business	36.4
		During transport disruptions	18.3
		Towing trailer or horse float Transport allowance	10.7
		Engine capacity-
		Over 1600cc	35.4
		1600cc and under	29.6
7	Clause 18	Community Language Allowance Scheme	Per annum
		- Base Level Rate	1,036
		- Higher Level Rate	1,556
8	Clause 19	First aid allowance	Per annum
		- Holders of basic qualifications	666.00
		-Holders of current occupational first aid certificate	1,002
9	Clause 21	On-call allowance (per hour)	0.73 per
			hour
10	Clause 22	Service Increments Allowance	Per annum
		After 12 months service	26.00
		On completion of 2 years	26.00
		On completion of each five years	32.00
11	Clause 23	Laundry Allowance	3.85 per
			week
12	Clause 25	Monitoring Computerised Building Maintenance	837 per
		System (R-tec)	annum
13	Clause 26	Leading Hand	6.05 per
			shift
14	Clause 48 (x)	Overtime meal allowances
		Breakfast	22.60
		Lunch	22.60
		Dinner	22.60
		Supper	8.70
15	Clause 48(xi)(b)	Allowance in lieu of overtime	294.73 per
		Sessional Staff Above Clerk grade 8	occasion

 

 

 

D. W. RITCHIE, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.