Venues NSW Award 2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Office of Sport.
(Case No. 35021 of 2019)
Before Chief Commissioner Kite
|
13 March 2019
|
AWARD
Arrangement
Clause No. Subject
Matter
1. Title
2. Definitions
3. Parties
to the Award
4. No Extra
Claims
5. Application/Coverage/Scope
6. Period of
Operation
7. Statement
of Intent
8. Terms of
Engagement
9. Casual
Employment
10. Part-Time
Employment
11. Classifications
12. Apprentices
13. School Based
Apprentices
14. Rates of
Pay
15. Annualised
Salary
16. Payment of
Wages
17. Allowance
for Temporary Assignments to Higher Non-Executive Roles
18. First Aid
Allowance
19. Allowance
Payable for Use of Private Motor Vehicle
20. Damage to
Private Motor Vehicle Used for Work
21. Overseas
Travel
22. Compensation
for Damage to or Loss of Employee’s Personal Property
23. Lactation
Breaks
24. Extended
Leave
25. Absence
from Work
26. Hours of
Work
27. Rosters -
Ongoing and Temporary Employees
28. Rostered
Days Off
29. Meal Breaks
and Allowances
30. Variation
of Hours
31. Natural
Emergencies and Major Transport Disruptions
32. Public
Holidays
33. Overtime -
General
34. Recall to
Duty
35. Overtime
Meal Breaks
36. Overtime
Meal Allowances
37. Payment for
Overtime and Time Off in Lieu
38. On-Call (Stand-By) and On-Call Allowance
39. Uniforms
and Protective Clothing
40. Leave Without Pay
41. Recreation
Leave
42. Annual
Leave Loading
43. Family and
Community Services Leave
44. Military
Leave
45. Observance
of Essential Religious or Cultural Obligations
46. Parental
Leave
47. Sick Leave
48. Sick Leave
Requirements for Evidence of Illness
49. Sick Leave
to Care for a Family Member
50. Sick Leave
- Workers Compensation
51. Sick Leave
- Claims other than Workers Compensation
52. Special
Leave
53. Leave for
matters arising from Domestic Violence
54. Disputes
Procedure
55. Anti-Discrimination
56. Trade Union
Activities regarded as on Duty
57. Trade Union
Activities regarded as Special Leave
58. Trade Union
Training Courses
59. Conditions
Applying to on Loan Arrangements
60. Period of
Notice for Trade Union Activities
61. Access to
Facilities by Trade Union Delegates
62. Responsibilities
of the Trade Union Delegate
63. Responsibilities
of the Trade Union
64. Responsibilities
of Workplace Management
65. Right of
Entry Provisions
66. Travelling
and other Costs of Trade Union Delegates
67. Industrial
Action
68. Consultation
and Technological Change
69. Deduction
of Trade Union Membership Fees
70. Review of
Allowances Payable in Terms of this Award
Annexure A - Salaries
Annexure B - Allowances
Annexure C - Classification Standards
1. Title
1.1 This award shall
be known as the Venues NSW Award2018.
2. Definitions
2.1 Agency Head -
means the Chief Executive of the Office of Sport as defined in the Act or
person authorised by the Agency Head.
2.2 Act - means the Government Sector Employment Act 2013.
2.3 Agency - means
the Office of Sport.
2.4 Union - means
the Public Service Association and Professional Officers’ Association Amalgamated
Union of NSW.
3. Parties to the
Award
The parties to this award are:
3.1 The Office of
Sport;
3.2 The Industrial
Relations Secretary; and
3.3 The Public
Service Association and Professional Officers’ Association Amalgamated Union of
NSW.
4. No Extra Claims
4.1 Other than as
provided for in the Industrial Relations
Act 1996 and the Industrial Relations (Public Sector Conditions of
Employment) Regulation 2014, there shall be no further claims/demands or
proceedings instituted before the NSW Industrial Relations Commission for extra
or reduced wages, salaries, rates of pay, allowances or conditions of
employment with respect to the Employees covered by the Award that take effect
prior to 22 January 2020 by a party to this Award.
4.2 The terms of the
preceding paragraph do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing award
provisions.
5.
Application/Coverage/Scope
5.1 The provisions
of this award shall apply to ongoing employees, temporary employees and casual
employees (as specified in the award) as defined in the Government Sector Employment Act 2013, employed to exercise the
functions of Venues NSW at all Venues NSW facilities, excluding the WIN Sports
and Entertainment Centre.
5.2 At the time of
making of this Award, no employee will suffer a reduction of their rate of pay
or diminution in their conditions of employment as a consequence of the making
of this Award.
5.3 The award stands
alone. All other agreements and awards are excluded from having any application
to employees of the Office of Sport working for Venues NSW while performing the
work covered by this award.
6. Period of Operation
6.1 This instrument
shall operate from the first full pay period on or after 22 January 2019 and
remain in force for a period of one (1) year, and rescinds and replaces the
Venues NSW Award 2017 published 6 April 2018 (382 I.G. 1246), and any variation
thereof.
7. Statement of Intent
7.1 This award aims
to consolidate, in the one document, all common conditions of employment of
employees in Venues NSW facilities (excluding the WIN Sports and Entertainment
Centre), to encourage the consultative processes at the agency-wide and the
various organisational levels, to facilitate, as appropriate, greater
flexibility in the workplace.
7.2 Venues NSW and
employees each recognise that the work practices that were used in the past may
not be consistent with the current and future needs of Venues NSW and with work
practices across the venue management industry. It is therefore important that
change be introduced in a consultative, constructive and managed way in order
to secure the future viability of Venues NSW and provide consistent, fair and
equitable working conditions to its employees.
8. Terms of Engagement
8.1 Employees under
this award shall be engaged pursuant to the Government
Sector Employment Act 2013 as ongoing employees and temporary employees on
a full-time or part-time basis, or as casual employees.
9. Casual Employment
9.1 This clause
applies to casual employees allocated to Venues NSW facilities.
9.2 Hours of Work
A casual employee is engaged and paid on an hourly basis.
9.2.2 A casual employee
will be engaged and paid for a minimum of 3 consecutive hours for each day
worked.
9.2.3 A casual employee
shall not work more than 12 consecutive hours per day (exclusive of meal
breaks) without
9.2.1 the payment of
overtime for such time in excess of 12 hours, except where longer periods are
required by the usual work pattern of the role.
9.3 Rate of Pay
9.3.1 Casual employees
shall be paid the ordinary hourly rate of pay calculated by the following
formula for the hours worked per day:
Annual salary divided by 52.17857 divided by the
ordinary weekly hours of the classification.
9.3.2 Casual employees
shall be paid a loading on the appropriate ordinary hourly rate of pay of:
15%
9.3.3 Casual employees
shall also receive a 1/12th loading on the appropriate ordinary hourly rate of
pay in lieu of annual leave.
9.3.4 The loading
specified in paragraph 9.3.2 of this subclause is in recognition of the casual
nature of the employment and compensates the employee for all leave, other than
annual leave and long service leave, and all incidences of employment, except
overtime.
9.4. Overtime
9.4.1 Casual employees
shall be paid overtime for work performed:
(a) In excess of 12
consecutive hours (excluding meal breaks) except where required by the usual
work pattern of the role; or
(b) In excess of
the daily roster pattern applicable for the particular class of work; or
(c) In excess of
the standard weekly roster of hours for the particular class of work.
9.4.2 Overtime rates
will be paid in accordance with the rates set in clause 37, Payment for
Overtime and Time Off in Lieu, of this award.
9.4.3 Overtime payments
for casual employees are based on the loaded hourly rate set out in paragraph
9.3.2 of this clause.
9.4.4 The loading in
lieu of annual leave as set out in paragraph 9.3.3 of this clause is not
included in the hourly rate for the calculation of overtime payments for casual
employees.
9.5 Leave
9.5.1 Other than as
described under subclauses 9.5, 9.6 and 9.7 of this clause, casual employees
are not entitled to any other paid or unpaid leave.
9.5.2 As set out in
paragraph 9.3.3 of this clause, casual employees will be paid a 1/12th loading
on the appropriate ordinary hourly rate of pay in lieu of annual leave.
9.5.3 Casual employees
will be entitled to Long Service Leave in accordance with the provisions of the
Long Service Leave Act 1955.
9.5.4 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 Agency Head
must not fail to re-engage a regular casual employee (see section 54(2) of the
Act) because:
(i) The
employee or employee's spouse is pregnant; or
(ii) 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.
9.6 Personal Carers
entitlement for casual employees
9.6.1 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 paragraph 49.4.2 of clause 49, Sick
Leave to Care for a Family Member, of this award 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
in paragraph 9.6.4, and the notice requirements set out in paragraph 9.6.5 of
this clause.
9.6.2 The Agency Head
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.
9.6.3 The Agency Head
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.
9.6.4 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.
9.6.5 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.
9.7 Bereavement
entitlements for casual employees
9.7.1 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).
9.7.2 The Agency Head
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.
9.7.3 The Agency Head
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.
9.7.4 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.
9.8 Meal Break
9.8.1 All casual
employees who work for more than five consecutive hours will be entitled to an
unpaid meal break of not less than 30 minutes duration. The meal break may be
up to one hour in duration with the agreement of the supervisor. The meal break
shall be taken according to the needs of the operation. After each subsequent
five-hour period from the time of the first entitlement the employee will be
given a further meal break under similar conditions.
9.9 Application of
other clauses of this Award to casual employees
9.9.1 The following
clauses of this award do not apply to casual employees:
10
|
Part-Time Employment
|
12
|
Apprentices
|
13
|
School based apprentices
|
15
|
Annualised Salary
|
24
|
Extended Leave
|
26
|
Hours of Work
|
27
|
Rosters - Ongoing and Temporary Employees
|
29
|
Meal Breaks and Allowances
|
30
|
Variation of Hours
|
31
|
Natural Emergencies and Major Transport Disruptions
|
32
|
Public Holidays
|
33
|
Overtime - General
|
34
|
Recall to Duty
|
35
|
Overtime Meal Breaks
|
37
|
Payment for Overtime Or Leave In Lieu
|
38
|
On-Call (Stand-by) and On-Call Allowance
|
40
|
Leave Without Pay
|
41
|
Recreation Leave
|
42
|
Annual Leave Loading
|
43
|
Family and Community Services Leave
|
44
|
Military Leave
|
45
|
Observance of Essential Religious Or Cultural Obligations
|
46
|
Parental Leave
|
47
|
Sick Leave
|
48
|
Sick Leave Requirements for Evidence of Illness
|
49
|
Sick Leave to Care for a Family Member
|
50
|
Sick Leave - Workers Compensation
|
51
|
Sick Leave - Claims Other Than Workers Compensation
|
52
|
Special Leave
|
57
|
Leave for Matters Arising from Domestic Violence
|
56
|
Trade Union Activities Regarded as on Duty
|
57
|
Trade Union activities Regarded as Special Leave
|
58
|
Trade Union Training Courses
|
59
|
Conditions Applying to on Loan Arrangements
|
10. Part-Time
Employment
10.1 General
10.1.1 Part-time work may
be undertaken with the agreement of the Agency Head. Part-time work may be
undertaken in a part-time position or under a part-time arrangement.
10.1.2 A part-time
employee is to work contract hours less than full-time hours.
10.1.3 Unless otherwise
specified in the award, part-time employees receive full-time entitlements on a
pro rata basis calculated according to the number of hours an employee works in
a part-time position or under a part-time arrangement. Entitlements to paid
leave will accrue on the equivalent hourly basis.
10.1.4 Before commencing
part-time work, the Agency Head and the employee must agree upon:
(a) The hours to be
worked by the employee, the days upon which they will be worked and the
commencing and ceasing times for the work;
(b) The
classification applying to the work to be performed; and
(c) The number of
hours leave to be deducted for each day’s absence from
duty.
10.1.5 The terms of the
agreement must be in writing and may only be varied with the consent of both
parties.
10.2 Additional hours
- Non-Annualised Employees
10.2.1 An employer may
request, but not require, a part-time employee to work additional hours. For
the time worked in excess of the employee’s usual hours and up to the normal
full-time hours for the classification, part-time employees shall be paid for
additional hours at their hourly rate plus a loading of 1/12th in lieu of
recreation leave.
10.2.2 Time worked in
excess of the full-time hours of the classification; payment shall be made at
the appropriate overtime rate or time off in lieu granted in accordance with
clause 37, Payment for Overtime and Time Off In Lieu, of this award.
11. Classifications
11.1 The
classifications are those specified in Annexure A to this award attached
hereto.
11.2 Assignment shall
be to roles within the classifications specified in Annexure A to this award.
12. Apprentices
12.1 The wage rate for
apprentices shall be calculated by applying the following percentages to the
Total Salary of a Level 3 Step 1 employee specified in Table 1.1, Ongoing and
temporary employees non-annualised salaries of
Annexure A, Salaries, of this award:
Apprentice
|
% of Level 3 Step 1
|
1st year (or equivalent training stage)
|
45
|
2nd year (or equivalent training stage)
|
60
|
3rd year (or equivalent training stage)
|
75
|
4th year (or equivalent training stage)
|
85
|
Adult, at age 21 or over, regardless of Year of Apprenticeship
|
85
|
"Equivalent
training stage" recognises that credit may be given for training
undertaken prior to the commencement of the apprenticeship or that progression
through the wage scale may be accelerated or that the provisions of clause 13,
School Based Apprentices, apply.
12.2 Apprentices who
reach the age of 21 years prior to completion of their apprenticeship shall be
paid the rate provided in subclause 12.1 of this clause for an Adult at age 21
or over regardless of the year of apprenticeship.
13. School Based Apprentices
13.1 A school based
apprentice is an employee who is undertaking an apprenticeship under a training
contract while also enrolled in the Higher School Certificate.
13.2 The hourly rates
for full-time apprentices as set out in this award shall apply to school based
apprentices for total hours worked including time deemed to be spent in
off-the-job training.
13.3 For the purposes
of subclause 13.2 of this clause, where a school based apprentice is a
full-time school student, the time spent in off-the-job training for which the
school based apprentice is paid is deemed to be 25 per cent of the actual hours
worked on the job each week.
13.4 The wages paid
for training time may be averaged over the school term or year.
13.5 School based apprentices progress through the wage scale at the rate of
12 months’ progression for each two years of employment as an apprentice.
13.6 The rates of pay
are based on a standard apprenticeship of four years. The rate of progression
reflects the average rate of skill acquisition expected from the typical
combination of work and training for a school based apprentice undertaking the
applicable apprenticeship.
13.7 Where an
apprentice converts from a school based to a full-time apprenticeship, all time
spent as a full-time apprentice counts for the purpose of progression through
the wage scale set out in this award. This progression applies in addition to
the progression achieved as a school based apprentice.
13.8 Except as
provided by this clause, school based apprentices are entitled to pro rata
entitlements of all other conditions of employment contained in this award.
14. Rates of Pay
14.1 The ordinary
rates of pay relating to persons employed under this award are those applying
in Annexure A to this award attached hereto.
15. Annualised Salary
15.1 The Agency Head
may determine that an employee occupying a specified ongoing or temporary role
will receive an annualised salary for all incidents of work under this Award.
15.2 Ongoing annualised
full-time employees will be engaged as annualised salaried employees and will
be paid the rate of pay for the appropriate skill level and location, as set
out in Annexure A.
15.3 An employee
occupying a role classified at Level 8 or Level 9 as described in Table 3.2 of
Schedule 3 of Annexure A to this award shall be paid a salary in accordance
with the employee’s relevant level, as detailed in the letter of appointment
and the role description, and within the salary range as set out in Table 3.2 respectively
for Level 8 and Level 9.
15.4 Ongoing
annualised part-time employees will be paid pro rata the rate for the
appropriate skill level and location, as set out in Annexure A.
15.5 Annualised salary
is paid as compensation for time worked in excess of ordinary hours, up to 20
hours per 28 day roster period.
15.6 Annualised salary
is paid as compensation for other work related incidents and allowances,
including on call allowance, meal break interruptions, shift penalties and
travel time.
15.7 The calculation
of time ‘worked’ during each 28 day cycle includes hours away from the work
place on public holidays, recreation leave and sick leave.
15.8 Employees in
receipt of an annualised salary can be required to work up to 20 hours per 28
day roster period, in excess of 152 hours, without the payment of overtime or
time off in lieu. The number of hours worked by part-time annualised employees
without the payment of overtime or time off in lieu will be based on their
equivalent pro rata normal working week hours.
15.9 Hours worked in
excess of ordinary hours above 20 hours per 28 day roster period shall be
accrued, at the employee’s discretion, as either overtime under clause 37 or as
time off in lieu at a rate of one hour worked for one hour time in lieu.
15.10 Time off in lieu
must be taken within 6 months of the leave accruing at a time and date agreed
between the employer and the employee.
15.11 Any balance of
time off in lieu untaken after 6 months of the leave accruing will be paid at
the overtime rate in accordance with subclause 37.5.
15.11.1 An
employee whose salary, or salary and allowance in the nature of salary, exceeds
the maximum rate for Clerk Grade 8 as specified in the Crown Employees
(Administrative and Clerical Officers - Salaries) Award 2007 or any successor
instrument, as varied from time to time, shall be paid at the maximum rate for
Clerk, Grade 8 plus $1.00, unless the Agency Head approves payment at the
employee’s salary or, where applicable, salary and allowance in the nature of
salary.
16. Payment of Wages
16.1 All monies
payable to employees will be paid fortnightly by electronic funds transfer.
17. Allowance for
Temporary Assignments to Higher Non-Executive Roles
17.1 A Public Service
non-executive employee who is temporarily assigned by the Agency Head under the
Government Sector Employment (General) Rules 2014 to another non-executive role
at a higher classification of work than the employee’s current classification
of work shall be paid an allowance in accordance with the provisions of clause
20 of the Government Sector Employment Regulation 2014.
18. First Aid
Allowance
18.1 An employee
appointed as a First Aid Officer shall be paid a first aid allowance at the
rate appropriate to the qualifications held by such employee as specified in
Annexure B of this award attached hereto.
18.2 The First Aid
Allowance - Basic Qualifications rate will apply to an employee appointed as a
First Aid Officer who holds a St John’s Ambulance Certificate or equivalent
qualifications (such as the Civil Defence or the Red Cross Society’s First Aid
Certificates) issued within the previous three years.
18.3 The Holders of
current Occupational First Aid Certificate Allowance rate will apply to an
employee appointed as a First Aid Officer who:
18.3.1 Is appointed to be
in charge of a First-Aid room in a workplace of 200 or more staff members (100
for construction sites); and
18.3.2 Holds an
Occupational First-Aid Certificate issued within the previous three years.
18.4 The First Aid
Allowance shall not be paid during leave of one week or more.
18.5 When the First
Aid Officer is absent on leave for one week or more and another qualified
employee is selected to relieve in the First Aid Officer's role, such employee
shall be paid a pro rata first aid allowance for assuming the duties of a First
Aid Officer.
18.6 First Aid
Officers may be permitted to attend training and retraining courses conducted
during normal hours of duty. The cost of training
employees who do not already possess qualifications and who need to be trained
to meet Agency needs, and the cost of retraining First Aid Officers, are to be
met by the Agency.
19. Allowance Payable
for Use of Private Motor Vehicle
19.1 The Agency Head
may authorise an employee to use a private motor vehicle for work where:
19.1.1 Such use will
result in greater efficiency or involve the Agency in less expense than if
travel were undertaken by other means; or
19.1.2 Where the employee
is unable to use other means of transport due to a disability.
19.2 An employee who,
with the approval of the Agency Head, uses a private motor vehicle for work
shall be paid an appropriate rate of allowance specified in Annexure B of this
award attached hereto for the use of such private motor vehicle. A deduction
from the allowance payable is to be made for travel as described in subclause
19.4 of this clause.
19.3 Different levels
of allowance are payable for the use of a private motor vehicle for work
depending on the circumstances and the purpose for which the vehicle is used.
19.3.1 The casual rate is
payable if an employee elects, with the approval of the Agency Head, to use
their vehicle for occasional travel for work. This is subject to the allowance
paid for the travel not exceeding the cost of travel by public or other
available transport.
19.3.2 The official
business rate is payable if an employee is directed, and agrees, to use the
vehicle for official business and there is no other transport available. It is
also payable where the employee is unable to use other transport due to a
disability. The official business rate includes a component to compensate an
employee for owning and maintaining the vehicle.
19.4 Deduction from
allowance
19.4.1 Except as
otherwise specified in this award, an employee shall bear the cost of ordinary
daily travel by private motor vehicle between the employee's residence and
headquarters and for any distance travelled in a private capacity. A deduction
will be made from any motor vehicle allowance paid, in respect of such travel.
19.4.2 In this subclause
"headquarters" means the administrative headquarters to which the
employee is attached or from which the employee is required to operate on a
long term basis or the designated headquarters per paragraph 19.4.3 of this
subclause.
19.4.3 Designated
headquarters
(a) Where the
administrative headquarters of the employee to which they are attached is not
within the typical work area in which the employee is required to use the
private vehicle on official business, the distance to and from a point
designated within the typical work area is to be adopted as the distance to and
from the headquarters for the purpose of calculating the daily deduction.
(b) An employee's
residence may be designated as their headquarters provided that such
recognition does not result in a further amount of allowance being incurred
than would otherwise be the case.
19.4.4 On days when an
employee uses a private vehicle for official business and travels to and from
home, whether or not the employee during that day visits headquarters, a
deduction is to be made from the total distance travelled on the day. The
deduction is to equal the distance from the employee's residence to their
headquarters and return or 20 kilometres (whichever is the lesser) and any
distance that is travelled in a private capacity.
19.4.5 Where a
headquarters has been designated per paragraph 19.4.3 of this subclause and the
employee is required to attend the administrative headquarters, the distance
for calculating the daily deduction is to be the actual distance to and from
the administrative headquarters, or, to and from the designated headquarters,
whichever is the lesser.
19.4.6 Deductions are not
to be applied in respect of days characterised as follows.
(a) When staying
away from home overnight, including the day of return from any itinerary.
(b) When the
employee uses the vehicle on official business and returns it to home prior to
travelling to the headquarters by other means of transport at their own
expense.
(c) When the
employee uses the vehicle for official business after normal working hours.
(d) When the
monthly claim voucher shows official use of the vehicle has occurred on one day
only in any week. Exemption from the deduction under this subparagraph is exclusive
of, and not in addition to, days referred to in subparagraphs
(a), (b) and (c) of this paragraph.
(e) When the
employee buys a weekly or other periodical rail or bus ticket, provided the
Agency is satisfied that:
(i) At
the time of purchasing the periodical ticket the employee did not envisage the
use of their private motor vehicle on approved official business;
(ii) The periodical
ticket was in fact purchased; and
(iii) In regard to
train travellers, no allowance is to be paid in respect of distance between the
employee’s home and the railway station or other intermediate transport
stopping place.
19.5 The employee must
have in force, in respect of a motor vehicle used for work, in addition to any
policy required to be affected 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
Agency Head.
19.6 Expenses such as
tolls etc. shall be refunded to employees where the charge was incurred during
approved work related travel.
19.7 Where an employee
tows a trailer or horse-float during travel resulting from approved work
activities while using a private vehicle, the employee shall be entitled to an
additional allowance as prescribed in Annexure B of this award attached hereto.
20. Damage to Private
Motor Vehicle Used for Work
20.1 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 Agency, provided:
20.1.1 The damage is not
due to gross negligence by the employee; and
20.1.2 The charges
claimed by the employee are not the charges prescribed by the insurer as
punitive excess charges.
20.2 Provided the
damage is not the fault of the employee, the Agency shall reimburse to an
employee the costs of repairs to a broken windscreen, if the employee can
demonstrate that:
20.2.1 The damage was
sustained on approved work activities; and
20.2.2 The costs cannot
be met under the insurance policy due to excess clauses.
21. Overseas Travel
21.1 Unless the Agency
Head determines that an employee shall be paid travelling rates especially
determined for the occasion, an employee required by the Agency to travel
overseas on official business shall be paid the appropriate overseas travelling
allowance rates as specified in the relevant Department of Premier and Cabinet
Circular as issued from time to time.
22. Compensation for
Damage to Or Loss of Employee’s Personal Property
22.1 Where damage to
or loss of the employee'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 Agency
covering the damage to or loss of the personal property of the employee.
22.2 If a claim under
subclause 22.1 of this clause is rejected by the insurer, the Agency Head may
compensate an employee for the damage to or loss of personal property, if such
damage or loss:
22.2.1 Is due to the
negligence of the Agency, another employee, or both, in the performance of
their duties; or
22.2.2 Is caused by a
defect in an employee's material or equipment; or
22.2.3 Results from an
employee’s protection of or attempt to protect Agency property from loss or
damage.
22.3 Compensation in
terms of subclause 22.2 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
Agency Head 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.
22.4 For the purpose
of this clause, personal property means an employee's clothes, spectacles,
hearing-aid, tools of trade or similar items which are
ordinarily required for the performance of the employee’s duties.
22.5 Compensation for
the damage sustained shall be made by the Agency 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.
23. Lactation Breaks
23.1 This clause
applies to employees who are lactating mothers. A lactation break is provided
for breastfeeding, expressing milk or other activity necessary to the act of
breastfeeding or expressing milk and is in addition to any other rest period
and meal break as provided for in this award.
23.2 A full-time
employee or a part-time employee working more than 4 hours per day is entitled
to a maximum of two paid lactation breaks of up to 30 minutes each per day.
23.3 A part-time
employee working 4 hours or less on any one day is entitled to only one paid
lactation break of up to 30 minutes on any day so worked.
23.4 A flexible
approach to lactation breaks can be taken by mutual agreement between an
employee and their manager provided the total lactation break time entitlement
is not exceeded. When giving consideration to any such requests for
flexibility, a manager needs to balance the operational requirements of the
organisation with the lactating needs of the employee.
23.5 The Agency Head
shall provide access to a suitable, private space with comfortable seating for
the purpose of breastfeeding or expressing milk.
23.6 Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable to provide these facilities,
discussions between the manager and employee will take place to attempt to
identify reasonable alternative arrangements for the employee's lactation
needs.
23.7 Employees
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the Australian
Breastfeeding Association's Breastfeeding Helpline Service or the Public Health
System.
23.8 Employees needing
to leave the workplace during time normally required for duty to seek support
or treatment in relation to breastfeeding and the transition to the workplace
may utilise sick leave in accordance with clause 47, Sick Leave, of this award.
24. Extended Leave
24.1 Extended leave
shall accrue and shall be granted to employees in accordance with the
provisions of Schedule 1 of the Government Sector Employment Regulation 2014.
25. Absence from Work
25.1 An employee must
not be absent from work unless reasonable cause is shown.
25.2 If an employee is
to be absent from duty because of illness or other emergency, the employee
shall notify or arrange for another person to notify the supervisor as soon as
possible of the employee's absence and the reason for the absence.
25.3 If a satisfactory
explanation for the absence, is not provided, the employee will be regarded as
absent from duty without authorised leave and the Agency Head shall deduct from
the pay of the employee the amount equivalent to the period of the absence.
25.4 The minimum
period of leave available to be granted shall be a quarter day.
25.5 Nothing in this
clause affects any proceedings for misconduct or unsatisfactory performance
against an employee who is absent from duty without authorised leave.
26. Hours of Work
26.1 The ordinary
hours of work shall be Monday to Sunday inclusive.
26.2 Ordinary hours
shall be worked on a rostered basis over a 28 day period subject to the
following limitations:
26.2.1 Except as provided
by subclause 28.8 of clause 28, Rostered Days Off, of this award, a maximum of
152 ordinary hours will be worked in any one 28 day period.
26.2.2 A maximum of 12
ordinary hours will be worked in any 24 hour period.
26.2.3 A minimum
engagement of 3 hours to be worked consecutively.
26.3 Each employee
will be entitled to a minimum of 8 hours break between each full shift. This
clause does not apply to broken shifts.
26.4 The maximum
ordinary hours of work for a full-time or part-time employee in any given week
will be 60 hours.
26.5 Part-time
employees - Hours of Work, refer to clause 10 of this award.
26.6 The working hours
of employees and the manner of their recording, shall be as determined from
time to time by the Agency Head. Such direction will include the definition of
full-time contract hours as contained in clause 26, Hours of Work, of this
award.
26.7 The employee in
charge of a division or branch of Venues NSW will be responsible to the Agency
Head for the proper observance of hours of work and for the proper recording of
such attendance.
26.8 The Agency Head
may require an employee to perform duty beyond the hours determined under subclause
26.4 of this clause but only if it is reasonable for the employee to be
required to do so. An employee may refuse to work additional hours in
circumstances where the working of such hours would result in the employee
working unreasonable hours. In determining what is unreasonable the following
factors shall be taken into account:
26.8.1 The employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements;
26.8.2 Any risk to the
employee’s health and safety;
26.8.3 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;
26.8.4 The notice (if any)
given by the Agency Head regarding the working of the additional hours, and by
the employee of their intention to refuse the working of additional hours; or
26.8.5 Any other relevant
matter.
26.9 The application
of hours of work is subject to the provisions of this clause.
26.10 The ordinary hours
may be worked on a full-time or part-time basis.
26.12 The Agency Head
shall ensure that all employees employed in Venues NSW are informed of the
hours of duty required to be worked and of their rights and responsibilities in
respect of such hours of duty.
27. Rosters - Ongoing
and Temporary Employees
27.1 Rosters for will
be provided at least 7 days in advance.
27.2 Rosters may be
changed during this period by mutual agreement.
27.3 If a change to
the roster is advised with more than 24 hours notice,
it will be obligatory for employees to work the roster.
27.4 If a change to
the roster is advised with less than 24 hours notice
it will be optional for the employee to work the roster.
28. Rostered Days Off
28.1 The following
subclauses do not apply to annualised employees. Refer clause 15, Annualised
Salary, of this award.
28.2 Full-time hours
will be worked on the basis of 19 Rostered Days in each 28 day roster cycle.
28.3 Part-time
employees are entitled to the number of Rostered Days Off specified in their
part-time work agreement.
28.4 An employee may
swap a Rostered Day Off with another employee, subject to the prior approval of
the Venue Manager or Supervisor.
28.5 An employee who
is directed to work ordinary hours on a Rostered Day Off may take that Rostered
Day Off at another time, subject to Venues NSW operational needs.
28.6 If an employee is
unable to take a Rostered Day Off due to exceptional circumstances, the
Rostered Day Off can be taken at another time, subject to Venues NSW
operational needs. Where practicable, the Rostered Day Off shall be taken
during the current roster cycle, or the following roster cycle.
28.7 For a full-time
employee absent on a working day or days, 7.6 hours leave shall be deducted for
each day of absence and counted as ordinary hours of work, regardless of the
actual number of ordinary hours rostered to be performed.
28.8 For a part-time
employee absent on a working day or days, the number of hours
leave to be deducted for each day of absence and counted as ordinary
hours of work shall be specified in the employee’s part-time work agreement.
28.9 Where a grant of
leave as per subclauses 28.6 or 28.7 of this clause would otherwise lead to the
total number of hours worked in the roster cycle to be in debit or excess of
the contracted ordinary hours the employee’s roster may be amended, subject to
the operational needs of Venues NSW, to ensure that the contracted hours are
worked within the roster cycle.
28.10 If it is not
practicable to make an adjustment to the employee’s roster in the current
roster cycle as per subclause 28.8 of this clause the credit or debit on
ordinary hours worked may be carried forward to the next roster cycle and an
adjustment to the employee’s roster made in the following roster cycle.
28.11 Where a full-time
employee is absent for an entire roster cycle, 152 hours leave shall be
deducted.
28.12 Where a part-time
employee is absent for an entire roster cycle the contract hours per roster
cycle specified in the employee’s part-time work agreement shall be deducted.
28.13 If an employee or
family member of an employee is sick on a Rostered Day Off, the Rostered Day
Off will not be re-credited to the staff member.
29. Meal Breaks and Allowances
29.1 All employees who
work for more than five consecutive hours will be entitled to an unpaid meal
break of not less than 30 minutes duration. The meal break may be up to one
hour in duration with the agreement of the supervisor. The meal break shall be
taken according to the needs of the operation. After each subsequent five-hour
period from the time of the first entitlement the employee will be given a
further meal break under similar conditions.
30. Variation of Hours
30.1 If the Agency Head
is satisfied that an employee is unable to comply with the general hours
operating in the Agency because of limited transport facilities, urgent
personal reasons, community or family reasons, the Agency Head may vary the
employee's hours of attendance on a one off, short or long-term basis, subject
to the following:
30.1.1 The variation does
not adversely affect the operational requirements;
30.1.2 There is no
reduction in the total number of daily hours to be worked;
30.1.3 The variation is
not more than an hour from the commencement or finish of the span of usual
commencing and finishing time;
30.1.4 A lunch break of
30 minutes is available to the employee. The meal break may be up to one hour
in duration with the agreement of the supervisor;
30.1.5 No overtime or
meal allowance payments are made to the employee, as a result of an agreement
to vary the hours;
30.1.6 Ongoing
arrangements are documented; and
30.1.7 The Union is
consulted, as appropriate, on any implications of the proposed variation of
hours for the work area.
31. Natural
Emergencies and Major Transport Disruptions
31.1 An employee
prevented from attending work at a normal work location by a natural emergency
or by a major transport disruption may:
31.1.1 apply to vary the
working hours as provided in clause 30, Variation of Hours of this award;
and/or
31.1.2 Negotiate an
alternative working location with the Agency; and/or
31.1.3 Take available
family and community service leave, recreation or extended leave or leave
without pay to cover the period concerned.
32. Public Holidays
32.1 Unless directed
to attend for duty by the Agency Head, an employee is entitled to be absent
from duty without loss of pay on any day which is:
32.1.1 A public holiday
throughout the State; or
32.1.2 A local holiday in
that part of the State at or from which the employee performs duty; or
32.1.3 a day between
Boxing Day and New Year's Day determined by the appropriate Agency Head as a
public service holiday.
32.2 An employee
required by the Agency Head 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.
32.3 If a local
holiday falls during an employee's absence on leave, the employee is not to be
credited with the holiday.
33. Overtime - General
33.1 An employee may
be directed by the Agency Head to work overtime, provided it is reasonable for
the employee to be required to do so. An employee may refuse to work overtime
in circumstances where the working of such overtime would result in the
employee working unreasonable hours. In determining what is unreasonable, the
following factors shall be taken into account:
33.1.1 The employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements,
33.1.2 Any risk to
employee health and safety,
33.1.3 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,
33.1.4 The notice (if
any) given by the Agency Head regarding the working of the overtime, and by the
employee of their intention to refuse overtime, or
33.1.5 Any other relevant
matter.
33.2 Payment for
overtime shall be made only where the employee works directed overtime.
34. Recall to Duty
34.1 An employee
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.
34.2 The employee
shall not be required to work the full three (3) hours if the job can be
completed within a shorter period.
34.3 When an employee
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 call out 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.
34.4 When an employee
returns to the place of work on a second or subsequent occasion and a period of
three (3) hours has elapsed since the employee 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.
34.5 A recall to duty
commences when the employee 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.
34.6 An employee
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.
34.7 This clause shall
not apply in cases where it is customary for an employee to return to the
Agency’s premises to perform a specific job outside the employee’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.
35. Overtime Meal
Breaks
35.1 An employee
required to work overtime on weekdays for an hour and a half or more after the
employee’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.
35.2 An employee
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. An employee 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.
36. Overtime Meal
Allowances
36.1 If an adequate
meal is not provided by the Agency, a meal allowance shall be paid by the
Agency at the appropriate rate specified in Annexure 2 of this award attached
hereto, provided the Agency Head is satisfied that:
36.1.1 The time worked is
directed overtime;
36.1.2 The employee
properly and reasonably incurred expenditure in obtaining the meal in respect
of which the allowance is sought;
36.1.3 Where the employee
was able to cease duty for at least 30 minutes before or during the working of
overtime to take the meal, the employee did so; and
36.1.4 Overtime is not
being paid in respect of the time taken for a meal break.
36.2 Where an
allowance payable under this clause is insufficient to reimburse the employee
the cost of a meal, properly and reasonably incurred, the Agency Head shall
approve payment of actual expenses.
36.3 Where a meal was
not purchased, payment of a meal allowance shall not be made.
36.4 Receipts shall be
provided to the Agency Head or his/her delegate in support of any claims for
additional expenses or when the employee is required to substantiate the claim.
37. Payment for
Overtime and Time Off in Lieu
37.1 The following
subclauses do not apply to annualised employees unless in accordance with
subclause 15.9. Refer clause 15 Annualised Salary of this award.
37.2 The Agency Head
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 time off in
lieu in accordance with subclause 37.7 of this clause.
37.3 All time worked
by any ongoing or temporary, full-time or part-time employee in excess of the
12 working hours on any one day or in excess of 152 hours in any rostered work
cycle will be deemed to be overtime.
37.4 All time worked
by any casual employee in excess of 12 working hours on any one day will be
deemed as overtime.
37.5 Overtime shall be
based on the payment of time and one half for the first two hours and double
time thereafter for work other than that performed on a Public Holiday.
37.6 Overtime
performed on a public holiday shall be paid at the rate of double time and a
half.
37.7 An ongoing or
temporary employee may elect to take time off in lieu as an alternative to
being paid overtime.
37.8 Time off in lieu
is to be taken on a one for one basis. (i.e. ordinary
rate)
37.9 Time off in lieu
must be taken within 6 months of the leave accruing at the discretion of the
manager.
37.10 Time off in lieu
may be taken as full or half days.
37.11 Any balance of
time off in lieu untaken after 6 months of the leave accruing will be paid at
the overtime rate in accordance with subclause 37.5.
37.12 All time accrued
must be recorded in a format suitable and approved by the employee’s manager.
37.13 Make-up Time -An
ongoing or temporary employee may elect, with the consent of the employer, to
work "make-up time", under which the employee takes time off during
ordinary hours, and works those hours at a later time, during the spread of
ordinary hours provided in the award, at the ordinary rate of pay.
37.14 An employee whose
salary, or salary and allowance in the nature of salary, exceeds the maximum
rate for Clerk Grade 8 as specified in the Crown Employees (Administrative and
Clerical Officers - Salaries) Award 2007 or any successor instrument, as varied
from time to time, shall be paid at the maximum rate for Clerk, Grade 8 plus
$1.00, unless the Agency Head approves payment at the employee’s salary or,
where applicable, salary and allowance in the nature of salary.
38. On-Call (Stand-By)
and on-Call Allowance
38.1 Unless in receipt
of an Annualised Salary in terms of clause 15 of this award an employee shall
be:
38.1.1 Entitled to be
paid the on-call allowance set out in Annexure B of this award attached hereto
when directed by the Agency to be on-call or on stand-by for a possible recall
to duty outside the employee’s working hours;
38.1.2 If an employee who
is on call and is called out by the Agency, the overtime provisions as set out
in clause 37, Payment for Overtime and Time Off in Lieu, of this award shall
apply to the time worked;
38.1.3 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.
39. Uniforms and
Protective Clothing
39.1 Where employees
are required to wear a branded uniform they will provided free of charge.
39.2 Where items of
clothing referred to in subclause 39.1 are required to be cleaned and
maintained by the employee the provisions of Annexure B of this Award attached
hereto, shall apply.
39.3 The Agency
commits to providing appropriate protective clothing for employees as is deemed
necessary to provide a safe working environment for employees.
39.4 The Agency shall
have the right to determine a dress or uniform code for all employees covered
by this award, which may include a particular style and colour of dress, which
is practical to the working environment, such items shall be provided by the
employee.
39.5 All uniform
items, protective clothing and other tools provided by the employer shall
remain the property of the Crown and shall, upon demand be returned to the
Agency in reasonable conditions. Upon termination, monies owed to the employee
may be withheld until such time as this sub-clause is complied
with by the employee.
40. Leave Without Pay
40.1 The Agency Head
may grant leave without pay to an employee if good and sufficient reason is
shown.
40.2 Leave without pay
may be granted on a full-time or a part-time basis.
40.3 Where an employee
is granted leave without pay for a period not exceeding 10 consecutive working
days, the employee shall be paid for any proclaimed public holidays falling
during such leave without pay.
40.4 Where an employee
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.
40.5 An employee who
has been granted leave without pay shall not engage in employment of any kind
during the period of leave without pay, unless prior approval has been obtained
from the Agency Head.
40.6 An employee shall
not be required to exhaust accrued paid leave before proceeding on leave
without pay but, if the employee elects to combine all or part of accrued paid
leave with leave without pay, the paid leave shall be taken before leave
without pay.
40.7 No paid leave
shall be granted during a period of leave without pay.
40.8 An ongoing
appointment may be made to the employee’s role if:
40.8.1 The leave without
pay has continued or is likely to continue beyond the original period of
approval and is for a total period of more than 12 months; and
40.8.2 The employee is
advised of the Agency’s proposal to permanently backfill their role; and
40.8.3 The employee is
given a reasonable opportunity to end the leave without pay and return to their
role; and
40.8.4 The Agency advised
the employee at the time of the subsequent approval that the role will be
filled on an ongoing basis during the period of leave without pay.
40.9 The role cannot
be filled on an ongoing basis unless the above criteria are satisfied.
40.10 The employee does
not cease to be employed by the Agency if their role is backfilled on an
ongoing basis.
40.11 Subclause 40.8 of
this clause does not apply to full-time unpaid parental leave granted in
accordance with subparagraph 46.9.1(a) of clause 46, Parental Leave or to
Military Leave, granted in accordance with clause 44 of this award.
41. Recreation Leave
41.1 Accrual
41.1.1 Paid recreation
leave for full-time employees and recreation leave for employees working part-time, accrues at the rate of 20 working days per year.
Employees 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.
41.1.2 Recreation leave
accrues from day to day.
41.2 Limits on
Accumulation and Direction to Take Leave
41.2.1 At least two (2)
consecutive weeks of recreation leave shall be taken by an employee every 12
months, except by agreement with the Agency Head in special circumstances.
41.2.2 Where the
operational requirements permit, the application for leave shall be dealt with
by the Agency Head according to the wishes of the employee.
41.2.3 The Agency Head
shall notify the employee in writing when accrued recreation leave reaches 6
weeks or its hourly equivalent and at the same time may direct an employee to
take at least 2 weeks recreation leave within 3 months of the notification at a
time convenient to the Agency.
41.2.4 The Agency Head
shall notify the employee in writing when accrued recreation leave reaches 8
weeks or its hourly equivalent and direct the employee 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 Agency.
41.2.5 An employee must
take their recreation leave to reduce all balances below 8 weeks or its hourly
equivalent, and the Agency must cooperate in this process. The Agency may
direct an employee with more than 8 weeks to take their recreation leave so
that it is reduced to below 8 weeks.
41.3 Conservation of
Leave - If the Agency Head is satisfied that an employee is prevented by
operational or personal reasons from taking sufficient recreation leave to
reduce the accrued leave below an acceptable level of between 4 and 6 weeks or
its hourly equivalent, the Agency Head shall:
41.3.1 Specify in writing
the period of time during which the excess shall be conserved; and
41.3.2 On the expiration
of the period during which conservation of leave applies, grant sufficient
leave to the employee at a mutually convenient time to enable the accrued leave
to be reduced to an acceptable level below the 8 week limit.
41.3.3 The Agency Head
will inform an employee in writing on a regular basis of the employee’s recreation
leave accrual.
41.4 Miscellaneous
41.4.1 Recreation leave
is not to be granted for a period less than a quarter-day or in other than
multiples of a quarter day.
41.4.2 Recreation leave
for which an employee is eligible on cessation of employment is to be
calculated to a quarter day (fractions less than a quarter being rounded up).
41.4.3 Recreation leave
does not accrue to an employee in respect of any period of absence from duty
without leave or without pay, except as specified in paragraph 41.4.4 of this
subclause.
41.4.4 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.
41.4.5 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 41.4.4 of this subclause
shall be calculated to an exact quarter-day (fractions less than a quarter
being rounded down).
41.4.6 Recreation leave
accrues at half its normal accrual rate during periods of extended leave on
half pay or recreation leave taken on half pay.
41.4.7 Recreation leave
may be taken on half pay in conjunction with and subject to the provisions
applying to adoption, maternity or parental leave - see clause 46, Parental
Leave, of this award.
41.4.8 On cessation of
employment, an employee is entitled to be paid, the money value of accrued
recreation leave which remains untaken.
41.4.9 An employee to
whom paragraph 41.4.8 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.
41.5 Death - Where an
employee dies, the monetary value of recreation leave accrued and remaining
untaken as at the date of death, shall be paid to the employee’s nominated
beneficiary.
41.6 Where no
beneficiary has been nominated, the monetary value of recreation leave is to be
paid as follows:-
41.6.1 To the widow or
widower of the employee; or
41.6.2 If there is no
widow or widower, to the children of the employee 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
41.6.3 If there is no
such widow, widower or children, to the person who, in the opinion of the
Agency Head was, at the time of the employee’s death, a dependent relative of
the employee; or
41.6.4 If there is no
person entitled under paragraphs 41.6.1, 41.6.2 or 41.6.3 of this subclause to
receive the money value of any leave not taken or not completed by an employee
or which would have accrued to the employee, the payment shall be made to the
personal representative of the employee.
41.7 Recreation leave
does not accrue during leave without pay other than
41.7.1 Military leave
taken without pay when paid military leave entitlements are exhausted;
41.7.2 Absences due to
natural emergencies or major transport disruptions, when all other paid leave
is exhausted;
41.7.3 Any continuous
period of sick leave taken without pay when paid sick leave is exhausted;
41.7.4 Incapacity for
which compensation has been authorised under the Workplace Injury Management and Workers Compensation Act 1998; or
41.7.5 Periods which when
aggregated, do not exceed 5 working days in any period
of 12 months.
42. Annual Leave
Loading
42.1 General - An
employee, other than a trainee who is paid by allowance, is entitled to be paid
an annual leave loading as set out in this subclause. Subject to the provisions
set out in subclauses 42.2 to 42.4 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.
42.2 Maximum Loading -
The annual leave loading payable shall not exceed the amount which would have
been payable to an employee in receipt of salary equivalent to the maximum
salary for a Grade 12 Clerk as specified in the Crown Employees (Administrative
and Clerical Officers - Salaries) Award 2007 or any successor instrument, as
varied from time to time.
42.3 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.
42.4 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:
42.4.1 Annual leave
loading shall be paid on the first occasion in a leave year, other than the
first leave year of employment, when an employee takes at least two (2)
consecutive weeks recreation leave. Where an employee
does not have at least 2 weeks recreation leave available, the employee may use
a combination of recreation leave and any of the following: public holidays,
extended leave, leave without pay, time off in lieu, rostered day off. The
employee shall be paid the annual leave loading for such period, provided the
absence is at least 2 weeks.
42.4.2 If at least two
weeks leave, as set out in paragraph 42.4.1 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 employee as at 30 November of the
current year.
42.4.3 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 paragraph 42.4.1 of this subclause, is taken.
42.4.4 An employee 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 employee's serious and intentional misconduct.
42.4.5 Except in cases of
voluntary redundancy, proportionate leave loading is not payable on cessation
of employment.
43. Family and
Community Service Leave
43.1 The Agency Head
shall grant to an employee some, or all of their accrued family and community
service leave on full pay, for reasons relating to unplanned and emergency
family responsibilities or other emergencies as described in subclause 43.2 of
this clause. The Agency Head may also grant leave for the purposes in subclause
43.3 of this clause. Non-emergency appointments or duties shall be scheduled or
performed outside of normal working hours or through approved use of flexible
working arrangements or other appropriate leave.
43.2 Such unplanned
and emergency situations may include, but not be limited to, the following:-
43.2.1 Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the employee's household;
43.2.2 Emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove furniture and effects;
43.2.3 Emergency or
weather conditions; such as when flood, fire, snow or disruption to utility
services etc., threatens an employee’s property and/or prevents an employee
from reporting for duty;
43.2.4 Attending to
unplanned or unforeseen family responsibilities, such as attending child's
school for an emergency reason or emergency cancellations by child care
providers;
43.2.5 Attendance at
court by an employee to answer a charge for a criminal offence, only if the
Agency Head considers the granting of family and community service leave to be
appropriate in a particular case.
43.3 Family and
community service leave may also be granted for:
43.3.1 An absence during
normal working hours to attend meetings, conferences or to perform other
duties, for employees holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the employee does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council; and
43.3.2 Attendance as a
competitor in major amateur sport (other than Olympic or Commonwealth Games)
for employees who are selected to represent Australia or the State.
43.4 The definition of
"family" or "relative" in this clause is the same as that
provided in paragraph 49.4.2 of clause 49, Sick Leave to Care for a Family
Member, of this award.
43.5 Family and
community service leave shall accrue as follows:
43.5.1 Two and a half
days in the employee’s first year of service;
43.5.2 Two and a half
days in the employee’s second year of service; and
43.5.3 One day per year
thereafter.
43.6 If available
family and community service leave is exhausted as a result of natural
disasters, the Agency Head shall consider applications for additional family
and community service leave, if some other emergency arises.
43.7 If available
family and community service leave is exhausted, on the death of a family
member or relative, additional paid family and community service leave of up to
2 days may be granted on a discrete, per occasion basis to an employee.
43.8 In cases of
illness of a family member for whose care and support the employee is
responsible, paid sick leave in accordance with clause 49, Sick Leave to Care
for a Sick Family Member, of this award shall be granted when paid family and
community service leave has been exhausted or is unavailable.
43.9 The Agency Head
may also grant employee other forms of leave such as accrued recreation leave,
time off in lieu and so on for family and community service leave purposes.
44. Military Leave
44.1 During the period
of 12 months commencing on 1 July each year, the Agency Head may grant to an
employee 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 or compulsory parades conducted by
the employee’s unit.
44.2 In accordance
with the Defence Reserve Service
(Protection) Act 2001 (Cth), it is unlawful to
prevent an employee from rendering or volunteering to render, ordinary Defence
Reserve Service.
44.3 Up to 24 working
days military leave per financial year may be granted by the Agency Head to
members of the Naval and Military Reserves and up to 28 working days per
financial year to members of the Air Force Reserve for the activities specified
in subclause 44.1 of this clause.
44.4 The Agency Head
may grant an employee special leave of up to 1 day to attend medical
examinations and tests required for acceptance as volunteer part-time members
of the Australian Defence Forces.
44.5 An employee who
is requested by the Australian Defence Forces to provide additional military
services requiring leave in excess of the entitlement specified in subclause
44.3 of this clause may be granted Military Leave Top up Pay by the Agency
Head.
44.6 Military Leave
Top up Pay is calculated as the difference between an employee’s ordinary pay
as if they had been at work, and the Reservist’s pay which they receive from
the Commonwealth Department of Defence.
44.7 During a period
of Military Leave Top up Pay, an employee will continue to accrue sick leave,
recreation and extended leave entitlements, and Agencies are to continue to
make superannuation contributions at the normal rate.
44.8 At the expiration
of military leave in accordance with subclause 44.3 or 44.4 of this clause, the
employee shall furnish to the Agency Head a certificate of attendance and
details of the employee’s reservist pay signed by the commanding officer or
other responsible officer.
45. Observance of
Essential Religious or Cultural Obligations
45.1 An employee of:
45.1.1 Any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
45.1.2 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 or leave without pay to do so.
45.2 Provided adequate
notice as to the need for leave is given by the employee to the Agency and it
is operationally convenient to release the employee from duty, the Agency Head
must grant the leave applied for by the employee in terms of this clause.
45.3 An employee 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 Agency Head, subject to:
45.3.1 Adequate notice
being given by the employee;
45.3.2 Prior approval
being obtained by the employee; and
45.3.3 The time off being
made up in the manner approved by the Agency Head.
45.4 Notwithstanding
the provisions of subclauses 45.1, 45.2 and 45.3 of this clause, arrangements
may be negotiated between the Agency and the Unions to provide greater
flexibility for employees for the observance of essential religious or cultural
obligations.
46. Parental Leave
46.1 Parental leave
includes maternity, adoption and "other parent" leave.
46.2 Maternity leave
shall apply to an employee who is pregnant and, subject to this clause the
employee shall be entitled to be granted maternity leave as follows:
46.2.1 For a period up to
9 weeks prior to the expected date of birth; and
46.2.2 For
a further period of up to 12 months after the actual date of birth.
46.2.3 An employee who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
46.3 Adoption leave
shall apply to an employee adopting a child and who will be the primary care
giver, the employee shall be granted adoption leave as follows:
46.3.1 For a period of up
to 12 months if the child has not commenced school at the date of the taking of
custody; or
46.3.2 For such period,
not exceeding 12 months on a full-time basis, as the Agency Head may determine,
if the child has commenced school at the date of the taking of custody.
46.3.3 Special Adoption
Leave - An employee 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 or family and community service leave.
46.4 Where maternity
or adoption leave does not apply, "other parent" leave is available
to male and female employees who apply for leave to look after his/her child or
children. Other parent leave applies as follows:
46.4.1 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;
46.4.2 Extended other
parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the employee as provided for in paragraph
46.4.1 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.
46.5 An employee
taking maternity or adoption leave is entitled to payment at the ordinary rate
of pay for a period of up to 14 weeks, an employee 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 employee:
46.5.1 applied for
parental leave within the time and in the manner determined set out in
subclause 46.10 of this clause; and
46.5.2 Prior to the
commencement of parental leave, completed not less than 40 weeks' continuous
service.
46.5.3 Payment for the
maternity, adoption or short other parent leave may be made as follows:
(a) In advance as a
lump sum; or
(b) Fortnightly as
normal; or
(c) Fortnightly at
half pay; or
(d) A combination
of full pay and half pay.
46.6 Payment for
parental leave is at the rate applicable when the leave is taken. An employee
holding a full-time role who is on part-time leave without pay when they start
parental leave is paid:
46.6.1 At the full-time
rate if they began part-time leave 40 weeks or less before starting parental
leave;
46.6.2 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;
46.6.3 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.
46.7 An employee who
commences a subsequent period of maternity or adoption leave for another child
within 24 months of commencing an initial period of maternity or adoption leave
will be paid:
46.7.1 At the rate
(full-time or part-time) they were paid before commencing the initial leave if
they have not returned to work; or
46.7.2 At a rate based on
the hours worked before the initial leave was taken, where the employee has
returned to work and reduced their hours during the 24 month period; or
46.7.3 At a rate based on
the hours worked prior to the subsequent period of leave where the employee has
not reduced their hours.
46.8 Except as
provided in subclauses 46.5, 46.6 and 46.7 of this clause parental leave shall
be granted without pay.
46.9 Right to request
46.9.1 An employee who
has been granted parental leave in accordance with subclauses 46.2, 46.3 or
46.4 of this clause may make a request to the Agency Head to:
(a) Extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(b) 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);
(c) To assist the
employee in reconciling work and parental responsibilities.
46.9.2 The Agency Head
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the Agency Head’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
46.10 Notification
Requirements
46.10.1 When an
Agency is made aware that an employee or their spouse is pregnant or is
adopting a child, the Agency must inform the employee of their entitlements and
their obligations under the award.
46.10.2 An
employee who wishes to take parental leave must notify the Agency Head in
writing at least 8 weeks (or as soon as practicable) before the expected
commencement of parental leave:
(a) That she/he
intends to take parental leave, and
(b) The expected
date of birth or the expected date of placement, and
(c) If she/he is
likely to make a request under subclause 46.9 of this clause.
46.10.3 At
least 4 weeks before an employee's expected date of commencing parental leave
they must advise:
(a) The date on
which the parental leave is intended to start, and
(b) The period of
leave to be taken.
46.10.4 Employee’s
request and the Agency Head’s decision to be in writing
The employee’s request under paragraph 46.9.1 and the
Agency Head’s decision made under paragraph 46.9.2 must be recorded in writing.
46.10.5 An
employee 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
Agency Head 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 Agency Head agrees.
46.10.6 An
employee on maternity leave is to notify her Agency of the date on which she
gave birth as soon as she can conveniently do so.
46.10.7 An
employee must notify the Agency as soon as practicable of any change in her
intentions as a result of premature delivery or miscarriage.
46.10.8 An
employee on maternity or adoption leave may change the period of leave or
arrangement, once without the consent of the Agency and any number of times
with the consent of the Agency. In each case she/he must give the Agency at
least 14 days notice of the change unless the Agency
Head decides otherwise.
46.11 An employee has
the right to her/his former role if she/he has taken approved leave or
part-time work in accordance with subclause 46.9 of this clause, and she/he
resumes duty immediately after the approved leave or work on a part-time basis.
46.12 If the role
occupied by the employee immediately prior to the taking of parental leave has
ceased to exist, but there are other roles available that the employee is
qualified for and is capable of performing, the employee shall be appointed to
a role of the same grade and classification as the employee’s former role.
46.13 An employee does
not have a right to her/his former role during a period of return to work on a
part-time basis. If the Agency Head approves a return to work on a part-time
basis then the role occupied is to be at the same classification and grade as
the former role.
46.14 An employee 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 Agency) must be given.
46.15 An employee who is
sick during her pregnancy may take available paid sick leave or accrued
recreation or extended leave or sick leave without pay. An employee 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.
46.16 An employee 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.
46.17 An employee may
elect to take available recreation leave at half pay in conjunction with
parental leave provided that:
46.17.1 Accrued
recreation leave at the date leave commences is exhausted within the period of
parental leave;
46.17.2 The
total period of parental leave is not extended by the taking of recreation
leave at half pay;
46.17.3 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.
46.18 If, for any
reason, a pregnant employee is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
Agency Head, should, in consultation with the employee, 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.
46.19 If such
adjustments cannot reasonably be made, the Agency Head must grant the employee
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 whichever is the earlier.
46.20 Communication
during parental leave
46.20.1 Where
an employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the Agency shall take reasonable
steps to:
(a) Make
information available in relation to any significant effect the change will
have on the status or responsibility level of the role the employee held before
commencing parental leave; and
(b) Provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the role the employee held before
commencing parental leave.
46.20.2 The
employee shall take reasonable steps to inform the Agency Head about any
significant matter that will affect the employee’s decision regarding the duration
of parental leave to be taken, whether the employee intends to return to work
and whether the employee intends to request to return to work on a part-time
basis.
46.20.3 The
employee shall also notify the Agency Head of changes of address or other contact
details which might affect the Agency’s capacity to comply with paragraph
46.20.1 of this subclause.
47. Sick Leave
47.1 Illness in this
clause and in clauses 48 and 49 of this award means physical or psychological
illness or injury, medical treatment and the period of recovery or
rehabilitation from an illness or injury.
47.2 Payment for sick
leave is subject to the employee:
47.2.1 Informing their
manager as soon as reasonably practicable that they are unable to perform duty
because of illness. This must be done as close to the employee’s starting time
as possible; and
47.2.2 Providing evidence
of illness as soon as practicable if required by clause 48, Sick Leave -
Requirements for Evidence of Illness of this award.
47.3 If the Agency
Head is satisfied that an employee is unable to perform duty because of the
employee’s illness or the illness of his/her family member, the Agency Head:
47.3.1 Shall grant to the
employee sick leave on full pay; and
47.3.2 May grant to the
employee, sick leave without pay if the absence of the employee exceeds the
entitlement of the employee under this award to sick leave on full pay.
47.4 The Agency Head
may direct an employee to take sick leave if they are satisfied that, due to
the employee’s illness, the employee:
47.4.1 Is
unable to carry out their duties without distress; or
47.4.2 Risks further
impairment of their health by reporting for duty; or
47.4.3 Is a risk to the
health, wellbeing or safety of other employees, Agency clients or members of
the public.
47.5 The Agency Head
may direct an employee to participate in a return to work program if the
employee has been absent on a long period of sick leave.
47.6 Entitlements.
47.6.1 At the
commencement of employment with the Public Service, a full-time employee is
granted an accrual of 5 days sick leave.
47.6.2 After the first
four months of employment, the employee shall accrue sick leave at the rate of
10 working days per year for the balance of the first year of service.
47.6.3 After the first year
of service, the employee shall accrue sick leave day to day at the rate of 15
working days per year of service.
47.6.4 All continuous
service as an employee 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.
47.6.5 Notwithstanding the
provisions of paragraph 47.6.4 of this subclause, sick leave accrued and not
taken in the service of a public sector employer may be accessed in terms of
the Government Sector Employment Regulation 2014 and Public Sector Staff
Mobility Policy.
47.6.6 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.
47.6.7 When determining
the amount of sick leave accrued, sick leave granted on less than full pay,
shall be converted to its full pay equivalent.
47.6.8 Paid sick leave
shall not be granted during a period of unpaid leave.
47.7 Payment during
the initial 3 months of service - Paid sick leave which may be granted to an
employee, other than a seasonal or relief employee, in the first 3 months of
service shall be limited to 5 days paid sick leave, unless the Agency Head
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.
47.8 Seasonal or
relief employees - No paid sick leave shall be granted to temporary employees
who are employed as seasonal or relief employees for a period of less than 3
months.
48. Sick Leave -
Requirements for Evidence of Illness
48.1 An employee
absent from duty for more than 2 consecutive working days because of illness
must furnish evidence of illness to the Agency Head in respect of the absence.
48.2 In addition to
the requirements under subclause 47.2 of clause 47, Sick Leave, of this award,
an employee may absent themselves for a total of 5 working days due to illness
without the provision of evidence of illness to the Agency Head. Employees who
absent themselves in excess of 5 working days in a calendar year may be
required to furnish evidence of illness to the Agency Head for each occasion
absent for the balance of the calendar year.
48.3 As a general
practice backdated medical certificates will not be accepted. However if an
employee provides evidence of illness that only covers the latter part of the
absence, they can be granted sick leave for the whole period if the Agency Head
is satisfied that the reason for the absence is genuine.
48.4 If an employee is
required to provide evidence of illness for an absence of 2 consecutive working
days or less, the Agency Head will advise them in advance.
48.5 If the Agency
Head is concerned about the diagnosis described in the evidence of illness
produced by the employee, after discussion with the employee, the evidence
provided and the employee's application for leave can be referred to the
nominated medical assessor for the NSW public sector for advice.
48.5.1 The type of leave
granted to the employee will be determined by the Agency Head.
48.5.2 If sick leave is
not granted, the Agency Head will, as far as practicable, take into account the
wishes of the employee when determining the type of leave granted.
48.6 The granting of
paid sick leave shall be subject to the employee providing evidence which
indicates the nature of illness or injury and the estimated duration of the
absence. If an employee is concerned about disclosing the nature of the illness
to their manager they may elect to have the application for sick leave dealt with
confidentially by an alternate manager or the human resources section of the
Agency.
48.7 The reference in
this clause to evidence of illness shall apply, as appropriate:
48.7.1 Up to one week may
be provided by a registered dentist, optometrist, chiropractor, osteopath,
physiotherapist, oral and maxillo facial surgeon or,
at the Agency Head's discretion, another registered health services provider,
or
48.7.2 Where the absence
exceeds one week, and unless the health provider listed in paragraph 48.7.1 of
this subclause is also a registered medical practitioner, applications for any
further sick leave must be supported by evidence of illness from a registered
medical practitioner, or
48.7.3 At the Agency
Head’s discretion, other forms of evidence that satisfy that an employee had a
genuine illness.
48.8 If an employee
who is absent on recreation leave or extended leave, furnishes to the Agency
Head satisfactory evidence of illness in respect of an illness which occurred
during the leave, the Agency Head may, subject to the provisions of this
clause, grant sick leave to the employee as follows:
48.8.1 In respect of
recreation leave, the period set out in the evidence of illness;
48.8.2 In respect of
extended leave, the period set out in the evidence of illness if such period is
5 working days or more.
48.9 Subclause 48.8 of
this clause applies to all employees other than those on leave prior to
resignation or termination of services, unless the resignation or termination
of services amounts to a retirement.
49. Sick Leave to Care
for a Family Member
49.1 Where family and
community service leave provided for in clause 43 of this award is exhausted or
unavailable, an employee with responsibilities in relation to a category of
person set out in subclause 49.4 of this clause who needs the employee’s care
and support, may elect to use available paid sick leave, subject to the
conditions specified in this clause, to provide such care and support when a
family member is ill.
49.2 The sick leave
shall initially be taken from the sick leave accumulated over the previous 3
years. In special circumstances, the Agency Head may grant additional sick
leave from the sick leave accumulated during the employee’s eligible service.
49.3 If required by
the Agency Head to establish the illness of the person concerned, the employee
must provide evidence consistent with subclause 48.6 of clause 48, Sick Leave -
Requirements for Evidence of Illness, of this award.
49.4 The entitlement
to use sick leave in accordance with this clause is subject to:
49.4.1 The employee being
responsible for the care and support of the person concerned; and
49.4.2 The person
concerned being:
(a) A spouse of the
employee; or
(b) A de facto
spouse being a person of the opposite sex to the employee who lives with the
employee as her husband or his wife on a bona fide domestic basis although not
legally married to that employee; or
(c) A child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the employee or of the spouse or de facto
spouse of the employee; or
(d) A same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or a relative of the employee 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.
50. Sick Leave -
Workers Compensation
50.1 The Agency Head
shall advise each employee 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.
50.2 An employee who
is or becomes unable to attend for duty or to continue on duty in circumstances
which may give the employee a right to claim compensation under the Workers Compensation Act 1987 shall be
required to lodge a claim for any such compensation.
50.3 Where, due to the
illness or injury, the employee is unable to lodge such a claim in person, the
Agency Head shall assist the employee or the representative of the employee, as
required, to lodge a claim for any such compensation.
50.4 The Agency Head
will ensure that, once received by the Agency, an employee’s workers
compensation claim is lodged by the Agency with the workers compensation
insurer within the statutory period prescribed in the Workers Compensation Act 1987.
50.5 Pending the
determination of that claim and on production of an acceptable medical
certificate, the Agency Head shall grant sick leave on full pay for which the
employee is eligible followed, if necessary, by sick leave without pay or, at
the employee's election by accrued recreation leave or extended leave.
50.6 If liability for
the workers compensation claim is accepted, then an equivalent period of any
sick leave taken by the employee pending acceptance of the claim shall be
restored to the credit of the employee.
50.7 If an employee
notifies the appropriate Agency Head that he or she does not intend to make a
claim for any such compensation, the Agency Head shall consider the reasons for
the employee's decision and shall determine whether, in the circumstances, it
is appropriate to grant sick leave in respect of any such absence.
50.8 An employee 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 an employee refuses to submit to a medical
examination without an acceptable reason, the employee shall not be granted available
sick leave on full pay until the examination has occurred and a medical
certificate is issued indicating that the employee is not fit to resume
employment.
50.9 If the Agency
Head provides the employee with employment which meets the terms and conditions
specified in the medical certificate issued under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 and,
without good reason, the employee fails, to resume or perform such duties, the
employee shall be ineligible for all payments in accordance with this clause
from the date of the refusal or failure.
50.10 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.
50.11 Nothing in this
clause prevents an employee from appealing a decision or taking action under
other legislation made in respect of:
50.11.1 The
employee's claim for workers compensation;
50.11.2 The
conduct of a medical examination by a Government or other Medical Officer;
50.11.3 A
medical certificate issued by the examining Government or other Medical
Officer; or
50.11.4 Action
taken by the Agency Head 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.
51. Sick Leave -
Claims Other Than Workers Compensation
51.1 If the
circumstances of any injury to or illness of an employee 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 employee on completion of an acceptable undertaking that:
51.1.1 Any such claim, if
made, will include a claim for the value of any period of paid sick leave
granted by the Agency to the employee; and
51.1.2 In the event that
the employee receives or recovers damages or compensation pursuant to that
claim for loss of salary or wages during any such period of sick leave, the
employee will repay to the Agency the monetary value of any such period of sick
leave.
51.2 Sick leave on
full pay shall not be granted to an employee who refuses or fails to complete
an undertaking, except in cases where the Agency Head is satisfied that the
refusal or failure is unavoidable.
51.3 On repayment to
the Agency of the monetary value of sick leave granted to the employee, sick
leave equivalent to that repayment and calculated at the employee’s ordinary
rate of pay, shall be restored to the credit of the employee.
52. Special Leave
52.1 Special Leave -
Jury Service
52.1.1 An employee shall,
as soon as possible, notify the Agency Head of the details of any jury summons
served on the employee.
52.1.2 An employee who,
during any period when required to be on duty, attends a court in answer to a
jury summons shall, upon return to duty after discharge from jury service,
furnish to the Agency Head a certificate of attendance issued by the Sheriff or
by the Registrar of the court giving particulars of attendances by the employee
during any such period and the details of any payment or payments made to the
employee under section 72 of the Jury Act
1977 in respect of any such period.
52.1.3 When a certificate
of attendance on jury service is received in respect of any period during which
an employee was required to be on duty, the Agency Head shall grant, in respect
of any such period for which the employee has been paid out-of-pocket expenses
only, special leave on full pay. In any other case, the Agency Head shall
grant, at the sole election of the employee, available recreation leave on full
pay or leave without pay.
52.2 Witness at Court
- Official Capacity - When an employee is subpoenaed or called as a witness in
an official capacity, the employee shall be regarded as being on duty. Salary
and any expenses properly and reasonably incurred by the employee in connection
with the employee’s appearance at court as a witness in an official capacity
shall be paid by the Agency.
52.3 Witness at Court
- Other than in Official Capacity - Crown Witness - An employee 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:
52.3.1 Be granted, for
the whole of the period necessary to attend as such a witness, special leave on
full pay; and
52.3.2 Pay into the
Treasury of the State of New South Wales all money paid to the employee 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.
52.4 Association
Witness - an employee called by the Union to give evidence before an Industrial
Tribunal or in another jurisdiction shall be granted special leave by the
Agency for the required period.
52.5 Called as a
witness in a private capacity - An employee 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 leave on full pay or leave without pay.
52.6 Special Leave -
Examinations -
52.6.1 Special leave on
full pay up to a maximum of 5 days in any one year shall be granted to
employees for the purpose of attending at any examination approved by the
Agency Head.
52.6.2 Special leave
granted to attend examinations shall include leave for any necessary travel to
or from the place at which the examination is held.
52.6.3 If an examination
for a course of study is held during term or semester within the normal class
timetable and study time has been granted to the employee, no further leave is
granted for any examination.
52.7 Special Leave -
Union Activities - Special leave on full pay may be granted to employees who
are accredited Union delegates to undertake Union activities as provided for in
clause 57, Trade Union Activities Regarded as Special Leave, of this award.
52.8 Return Home When
Temporarily Living Away from Home - Sufficient special leave shall be granted
to an employee who is temporarily living away from home as a result of work
requirements. Such employee shall be granted sufficient special leave once a
month before or after a weekend or a long weekend or, in the case of a shift
worker before or after rostered days off to return home to spend two days and
two nights with the family. If the employee wishes to return home more often,
such employee may be granted recreation leave, extended leave to credit or
leave without pay, if the operational requirements allow.
52.9 Return Home When
Transferred to New Location - Special leave shall be granted to an employee who
has moved to the new location ahead of dependants, to visit such dependants,
subject to the conditions specified in the Crown Employees (Transferred
Employees Compensation) Award.
52.10 An employee who
identifies as an Indigenous Australian shall be granted up to one day special
leave per year to enable the employee to participate in the National Aborigines
and Islander Day of Commemoration Celebrations. Leave can be taken at any time
during NAIDOC week, or in the weeks leading up to and after NAIDOC week as
negotiated between the supervisor and employee.
52.11 Special Leave -
Other Purposes - Special leave on full pay may be granted to employees by the
Agency Head for such other purposes, subject to the conditions specified in the
guidelines issued by the Public Service Commissioner at the time the leave is
taken.
52.12 Matters arising
from domestic violence situations.
52.12.1 When
the leave entitlements referred to in clause 53, Leave for Matters Arising from
Domestic Violence, have been exhausted, the Agency Head shall grant up to five
days per calendar year to be used for absences from the workplace to attend to
matters arising from domestic violence situations.
53. Leave for Matters
Arising from Domestic Violence
53.1 Domestic Violence
means domestic violence as defined in the Crimes
(Domestic and Personal Violence) Act 2007.
53.2 Leave
entitlements provided for in clause 43, Family and Community Service Leave,
clause 47, Sick Leave, and clause 49, Sick Leave to Care for a Family Member,
may be used by employees experiencing domestic violence.
53.3 Where the leave
entitlements referred to in subclause 53.2 are exhausted, Agency Heads shall
grant Special Leave as per subclause 52.11.
53.4 The Agency Head
will need to be satisfied, on reasonable grounds, that
domestic violence has occurred and may require proof presented in the form of
an agreed document issued by the Police Force, a Court, a Doctor, a Domestic
Violence Support Service or Lawyer.
53.5 Personal
information concerning domestic violence will be kept confidential by the
Agency.
53.6 The Agency Head,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements, including changes to working times and changes to
work location, telephone number and email address.
54.
Disputes Procedure
54.1 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 Agency,
if required.
54.2 An employee 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.
54.3 Where the grievance
or dispute involves confidential or other sensitive material (including issues
of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the employee to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Agency Head or delegate.
54.4 The immediate
manager, or other appropriate employee, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
54.5 If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This manager shall respond within two (2) working days, or as soon as
practicable. The employee may pursue the sequence of reference to successive
levels of management until the matter is referred to the Agency Head.
54.6 If the matter
remains unresolved, the Agency Head shall provide a written response to the
employee 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.
54.7 The Agency Head
may refer the matter to the Secretary of the Treasury for consideration.
54.8 An employee, at
any stage, may request to be represented by the relevant Union.
54.9 The employee or
the Union on their behalf or the Agency Head may refer the matter to the New
South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
54.10 The employee,
Unions, and the Agency shall agree to be bound by any order or determination by
the New South Wales Industrial Relations Commission in relation to the dispute.
54.11 Whilst the
procedures outlined in subclauses 54.1 to 54.9 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 work health and safety, if practicable, normal work shall
proceed in a manner which avoids any risk to the health and safety of any
employee or member of the public.
55.
Anti-Discrimination
55.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a carer.
55.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
55.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
55.4 Nothing in this
clause is to be taken to affect:
55.4.1 Any conduct or act
which is specifically exempted from anti-discrimination legislation;
55.4.2 Offering or
providing junior rates of pay to persons under 21
years of age;
55.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
55.4.4 A party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
55.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
55.5.1 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
55.6 Section 56(d) of
the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
56. Trade Union
Activities Regarded as on Duty
56.1 A Union delegate
will be released from the performance of normal Agency duty when required to
undertake any of the activities specified below. While undertaking such
activities the Union delegate will be regarded as being on duty and will not be
required to apply for leave:
56.1.1 Attendance at
meetings of the workplace's Work Health and Safety Committee and participation
in all official activities relating to the functions and responsibilities of
elected Work Health and Safety Committee members at a place of work as provided
for in the Work Health and Safety Act
2011 and the Work Health and Safety Regulation 2011.
56.1.2 Attendance at
meetings with workplace management or workplace management representatives;
56.1.3 A reasonable
period of preparation time, before-
(a) Meetings with
management;
(b) Disciplinary or
grievance meetings when a Union member requires the presence of a Union
delegate; and
(c) Any other
meeting with management,
by agreement with management,
where operational requirements allow the taking of such time;
56.1.4 Giving evidence in
court on behalf of the employer;
56.1.5 Presenting
information on the Union and Union activities at induction sessions for new
employees of the Agency; and
56.1.6 Distributing
official 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.
57. Trade Union
Activities Regarded as Special Leave
57.1 The granting of
special leave with pay will apply to the following activities undertaken by a
Union delegate, as specified below:
57.1.1 Annual or biennial
conferences of the Union;
57.1.2 Meetings of the
Union’s Executive, Committee of Management or Councils;
57.1.3 Annual conference
of the Unions NSW and the biennial Congress of the Australian Council of Trade
Unions;
57.1.4 Attendance at
meetings called by the Unions NSW involving the Union which requires attendance
of a delegate;
57.1.5 Attendance at
meetings called by the Secretary, as the employer for industrial purposes, as
and when required;
57.1.6 Giving evidence
before an Industrial Tribunal as a witness for the Union;
57.1.7 Reasonable
travelling time to and from conferences or meetings to which the provisions of
clauses 56, 57 and 58 apply.
58. Trade Union
Training Courses
58.1 The following
training courses will attract the grant of special leave as specified below:
58.1.1 Accredited Work
Health and Safety (WHS) courses and any other accredited WHS training for WHS
Committee members. The provider(s) of accredited WHS training courses and the conditions on which special leave for such courses will be
granted, shall be negotiated between the Agency Head and the Union.
58.1.2 Courses organised
and conducted by the Trade Union Education Foundation or by the Union or a
training provider nominated by the Union. A maximum of 12 working days in any
period of 2 years applies to this training and is subject to:
(a) The operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
(b) Payment being
at the base rate, i.e. excluding extraneous payments such as overtime, etc.;
(c) All travelling
and associated expenses being met by the employee or the Union;
(d) Attendance
being confirmed in writing by the Union or a nominated training provider.
59. Conditions
Applying to on Loan Arrangements
59.1 Subject to the
operational requirements of the workplace, on loan arrangements will apply to
the following activities:
59.1.1 Meetings
interstate or in NSW of a Federal nature to which a Union member has been
nominated or elected by the Union:
(a) As an Executive
Member; or
(b) A member of a
Federal Council; or
(c) Vocational or
industry committee.
59.1.2 Briefing counsel
on behalf of the Union;
59.1.3 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 the
Union;
59.1.4 Country tours
undertaken by a member of the executive or Council of the Union;
59.1.5 Taking up of
full-time duties with the Union if elected to the office of President, General
Secretary or to another full-time position with the Union.
59.1.6 Financial
Arrangements - The following financial arrangements apply to the occasions when
an employee is placed "on loan" to the Union:
(a) The Agency will
continue to pay the delegate or an authorised Union representative whose
services are on loan to the Union;
(b) The Agency will
seek reimbursement from the Union at regular intervals of all salary and
associated on costs, including superannuation, as specified by the NSW Treasury
from time to time;
(c) Agreement with
the Union on the financial arrangements must be reached before the on loan
arrangement commences and must be documented in a manner negotiated between the
Agency Head and the Union.
59.1.7 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.
59.1.8 Limitation - On
loan arrangements may apply to full-time or part-time employees and are to be
kept to the minimum time required. Where the Union needs to extend an on loan
arrangement, the Union shall approach the Agency Head in writing for an
extension of time well in advance of the expiration of the current period of on
loan arrangement.
59.1.9 Where the Head and
the Union cannot agree on the on loan arrangement, the matter is to be referred
to the Secretary of Treasury for determination after consultation with the
Agency Head and the Union.
60. Period of Notice
for Trade Union Activities
60.1 The Agency Head
must be notified in writing by the 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.
61. Access to
Facilities by Trade Union Delegates
61.1 The workplace
shall provide accredited delegates with reasonable access to the following
facilities for authorised Union activities:
61.1.1 Telephone,
facsimile and, where available, E-mail facilities;
61.1.2 A notice board for
material authorised by the Union or access to staff notice boards for material authorised
by the Union;
61.1.3 Workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the Union.
62. Responsibilities
of the Trade Union Delegate
62.1 Responsibilities
of the Union delegate are to:
62.1.1 Establish
accreditation as a delegate with the Union and provide proof of accreditation
to the workplace;
62.1.2 Participate in the
workplace consultative processes, as appropriate;
62.1.3 Follow the dispute
settling procedure applicable in the workplace;
62.1.4 Provide sufficient
notice to the immediate supervisor of any proposed absence on authorised Union
business;
62.1.5 Account for all
time spent on authorised Union business;
62.1.6 When special leave
is required, to apply for special leave in advance;
62.1.7 Distribute Union
literature/membership forms, under local arrangements negotiated between the
Agency Head and the Union; and
62.1.8 Use any facilities
provided by the workplace properly and reasonably as negotiated at
organisational level.
63. Responsibilities
of the Trade Union
63.1 Responsibilities
of the Union are to:
63.1.1 Provide written
advice to the Agency Head about a 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;
63.1.2 Meet all
travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in paragraph 64.1.3 of clause 64, Responsibilities
of Workplace Management of this award;
63.1.3 Pay promptly any
monies owing to the workplace under a negotiated on loan arrangement;
63.1.4 Provide proof of
identity when visiting a workplace in an official capacity, if requested to do
so by management;
63.1.5 Apply to the
Agency Head well in advance of any proposed extension to the "on
loan" arrangement;
63.1.6 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; and
63.1.7 Advise employer of
any leave taken by the Union delegate during the on loan arrangement.
64. Responsibilities
of Workplace Management
64.1 Where time is
required for Union activities in accordance with this clause the
responsibilities of the workplace management are to:
64.1.1 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;
64.1.2 Advise the
workplace delegate of the date of the next induction session for new employees
in sufficient time to enable the Union to arrange representation at the
session;
64.1.3 Meet the travel
and/or accommodation costs properly and reasonably incurred in respect of
meetings called by the workplace management;
64.1.4 Where possible, to
provide relief in the role occupied by the delegate in the workplace, while the
delegate is undertaking Union responsibilities to assist with the business of
workplace management;
64.1.5 Re-credit any
other leave applied for on the day to which special leave or release from duty
subsequently applies;
64.1.6 Where a Union
activity provided under this clause needs to be undertaken on the Union
delegate's rostered day off to apply the provisions of paragraph 64.1.5 of this
clause;
64.1.7 To continue to pay
salary during an "on loan" arrangement negotiated with the 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;
64.1.8 To verify with the
Union the time spent by a Union delegate or delegates on Union business, if
required; and
64.1.9 If the time and/or
the facilities allowed for Union activities are thought to be used unreasonably
and/or improperly, to consult with the Union before taking any remedial action.
65. Right of Entry
Provisions
65.1 The right of
entry provisions shall be as prescribed under the Work Health and Safety Act 2011 and the Industrial Relations Act 1996.
66. Travelling and
Other Costs of Trade Union Delegates
66.1 Except as
specified in paragraph 64.1.3 of clause 64, Responsibilities of Workplace
Management of this award, all travel and other costs incurred by accredited
Union delegates in the course of Union activities will be paid by the Union.
66.2 In respect of
meetings called by the workplace management in terms of paragraph 64.1.3 of
clause 64, Responsibilities of Workplace Management of this award, the payment
of travel and/or accommodation costs, properly and reasonably incurred, is to
be made, as appropriate.
66.3 No overtime,
leave in lieu or any other additional costs will be claimable by an employee
from the Agency or the Secretary, in respect of Union activities covered by
special leave or on duty activities provided for in this clause.
66.4 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 Agency by the Union or the
employee.
67. Industrial Action
67.1 Provisions of the
Industrial Relations Act 1996 shall
apply to the right of Union members to take lawful industrial action (Note the
obligations of the parties under clause 54, Disputes Procedure).
67.2 There will be no
victimisation of employees prior to, during or following such industrial
action.
68. Consultation and
Technological Change
68.1 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 Union.
68.2 The Agency
management shall consult with the Union prior to the introduction of any
technological change.
69. Deduction of Trade
Union Membership Fees
69.1 At the employee’s
election, the Agency Head shall provide for the employee’s Union membership
fees to be deducted from the employee’s pay and ensure that such fees are
transmitted to the employee’s Union at regular intervals. Alternative
arrangements for the deduction of Union membership fees may be negotiated
between the Agency Head and the Union.
70. Review of
Allowances Payable in Terms of This Award
70.1 Adjustment of
Allowances - Allowances contained in this award shall be reviewed as follows:
70.1.1 Allowances listed
in this paragraph will be determined at a level consistent with the reasonable
allowances amounts for the appropriate income year as published by the
Australian Taxation Office (ATO):
(a) Clause
36, Overtime Meal Allowances, for breakfast, lunch and dinner.
70.1.2 Allowances listed
in this paragraph will be determined and become effective from 1 July each year
at a level consistent with the reasonable allowances amounts as published at or
before that time by the Australian Taxation Office (ATO):
(a) Clause
19, Allowance Payable for Use of Private Motor Vehicle.
70.1.3 Allowances payable
in terms of clauses listed in this paragraph shall be adjusted on 1 July each
year in line with the increases in the Consumer Price Index for Sydney during
the preceding year (March quarter figures):
(a) Clause 39, Uniforms
and Protective Clothing;
(b) Clause 36,
Overtime Meal Allowances, for supper.
70.1.4 Allowances payable
in terms of clauses listed in this paragraph shall continue to be subject to a
percentage increase under an Award, Agreement or Determination and shall be
adjusted on and from the date or pay period the percentage increase takes
effect:
(a) Clause
18, First Aid Allowance;
(b) Clause 38,
On-Call (Stand-by) and On-Call Allowance.
ANNEXURE A - SALARIES
Table 1.1 - Ongoing and Temporary Employees, Non-annualised
Salary
Annual rate of pay for a week not
exceeding 38 ordinary hours.
Promotion to a Level and from Level to Level is subject to
the occurrence of a vacancy in such level with the exception of progression
from Level 1 to Level 2.
Increases are effective from the beginning of the first pay
period to commence on or after the dates in the column headings
Level
|
Step
|
Annual Rate
|
|
|
$
|
|
|
22 January 2019
|
Venues Officer
|
|
+2.5%
|
1 *
|
1
|
42,950
|
2
|
1
|
44,687
|
|
2
|
45,235
|
|
3
|
46,704
|
3
|
1
|
48,068
|
|
2
|
49,349
|
|
3
|
51,634
|
4
|
1
|
52,452
|
|
2
|
54,376
|
|
3
|
56,656
|
5
|
1
|
62,847
|
|
2
|
65,940
|
|
3
|
69,035
|
6
|
1
|
71,986
|
|
2
|
74,938
|
|
3
|
78,694
|
7
|
1
|
82,246
|
|
2
|
85,446
|
|
3
|
88,645
|
* A Level 1 Venues Officer shall undertake either on
the job or off the job structured training to reach a satisfactory standard of
performance for appointment to a Level 2 role. At the conclusion of 380 hours
employment at Level 1 the employee shall progress to Level 2, subject to
satisfactory performance of duties and completion of structured training. An employee who hasn’t reached the standard of performance
required for progression to Level 2, shall be counselled and provided
appropriate additional training as a Level 1 employee for a maximum of a
further 152 hours. After such additional period the employment shall either be
terminated or the employee appointed to a Level 2 role.
Junior Rates
Employees engaged as weekly employees or as casuals under
the provisions of Table 1.1 or Table 1.2, who are less than 18 years of age
shall be paid according to the following scale:
Under 17 years of age - 80% of the appropriate rate.
Under 18 years but more than 17 years -
90% in the appropriate rate.
18 years and older - 100% of the
appropriate rate.
Table 1.2 - Annualised Salaried Employees
Employees engaged under annualised salary packages for all
incidents of work under clause 15 this award.
Promotion to a Level and from Level to Level is subject to
the occurrence of a vacancy in such level.
Level 8 and Level 9 employees shall be paid a salary in
accordance with the employee’s relevant level and within the salary range as
set out in Table 1.2 as per clause 15, Annualised Salary, of this award.
Increases are effective from the beginning of the first pay
period to commence on or after the dates in the column headings.
Level
|
Step
|
Salary Per Annul
|
|
|
22 January 2019
|
Venues Officer
|
|
+2.5%
|
|
|
$
|
1
|
|
N/A
|
2
|
1
|
56,230
|
|
2
|
56,920
|
|
3
|
59,106
|
3
|
1
|
60,485
|
|
2
|
62,097
|
|
3
|
64,971
|
4
|
1
|
66,006
|
|
2
|
68,420
|
|
3
|
71,296
|
5
|
1
|
79,083
|
|
2
|
82,976
|
|
3
|
86,871
|
6
|
1
|
90,581
|
|
2
|
94,294
|
|
3
|
98,893
|
7
|
1
|
103,492
|
|
2
|
107,516
|
|
3
|
111,542
|
8
|
Pay Point
|
|
|
Min
|
116,246
|
|
Max
|
124,771
|
9
|
Pay Point
|
|
|
Min
|
129,160
|
|
Max
|
146,598
|
Annexure B - Allowances
Item
No
|
Clause
No
|
Description
|
Amount
|
|
|
|
Per Annum
|
1
|
18.1
|
First Aid Allowance
|
|
|
|
Holders of basic
qualifications
|
$910
|
|
|
Holders of current
occupational first aid certificate
|
$1,367
|
|
|
|
|
2
|
|
Use of Private Motor Vehicle
|
Cents per Km
|
|
19.2
|
Official business
|
68
|
|
19.2
|
Casual rate (40% of official
business rate)
|
27.2
|
|
|
Motor cycle allowance
|
34
|
|
19.7
|
Towing trailer or horse float
|
8.8
|
|
|
|
|
3
|
36.1
|
Overtime meal allowances
|
|
|
|
Breakfast
|
$30.60
|
|
|
Lunch
|
$30.60
|
|
|
Dinner
|
$30.60
|
|
|
Supper
|
11.40
|
|
|
|
|
4
|
38.1
|
On-call (stand-by) and
on-call allowance
|
$0.98 per hour
|
|
|
|
|
5
|
39.2
|
Laundry allowance
|
$4.95 per week
|
Annexure C - Classification standards
Employees shall perform all duties required by Venues NSW
within their skill and competence, to ensure the elimination of demarcation
barriers preventing an employee from performing the whole job. At times, these
duties may require an employee to perform tasks incidental to their normal
activities in order to ensure events are staged in the most cost-efficient
manner possible.
Promotion to a Level and from Level to Level is subject to
the occurrence of a vacancy in such level with the exception of progression
from Level 1 to Level 2.
Progression within Levels 1 to 7 shall be by way of
incremental progression in terms of Rule 14 of the Government Sector Employment
Regulation 2014.
For Levels 8 and 9, an employee may progress within the
salary range as applicable to the level at the employer’s discretion having
regard to all relevant factors including:
the employee’s performance which
over time has significantly contributed to Venues NSW meeting its corporate
objectives and outcomes as outlined in the Agency’s business plan;
an employee’s increased competence
and effectiveness as assessed in the performance review process;
any expanding job requirements
(where a role’s responsibilities has increased but not sufficiently to result
in the role being evaluated at a higher level);
the Agency’s budget considerations.
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.