Broken
Hill City Council Consent Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Local
Government Association of New South Wales, Industrial Organisation of
Employers.
(Nos. IRC 1666 of 2008 and
739 of 2009)
Before Commissioner
Tabbaa
|
16 March 2010
|
AWARD
Arrangement
This Award is arranged as follows:
Part 1
APPLICATION AND
OPERATION OF THIS AWARD
1. Title
2. Definitions
3. Area,
incidence and duration
4. Anti-discrimination
Part 2
TERMS OF ENGAGEMENT,
HOURS OF WORK, OVERTIME AND RELATED MATTERS
5. Terms of
engagement
6. Saturday
and Sunday work
7. Shift work
8. Employees
entitled to overtime
9. Meal
breaks
10. Annualised
salary agreements
11. Council
agreements
Part 3
RATES OF PAY AND
RELATED MATTERS
12. Skills
based system of pay and rates of pay
13. Skill
descriptors
14. Annual
assessment and progression rules
15. Allowances
and reimbursements
16. Use of
skills
17. Salary
packaging and sacrifice
18. Superannuation
19. Payment of
employees
Part 4
LEAVE PROVISIONS
20. Annual
leave
21. Long
service leave
22. Sick leave
23. Carers
leave
24. Bereavement
leave
25. Parental
leave
26. Paid
maternity leave
27. Supporting
parent leave
28. Leave
without pay
29. Flexibility
for work and family responsibilities
30. Public
holidays
31. Trade union
training leave
32. Trade union
conference leave
33. Jury
Service Leave
34. Army
Reserve Training
Part 5
CONSULTATIVE
COMMITTEE
35. Consultative
Committee
Part 6
DISPUTE RESOLUTION
36. Dispute
resolution procedure
Part 7
TERMINATION OF
EMPLOYMENT AND REDUNDANCY
37. Termination
of Employment
38. Redundancy
39. Redundancy
- application, process and consultation provisions
Part 8
MISCELLANEOUS
40. Occupational
Health and Safety
41. Labour Hire
and contract businesses
42. Outsourcing
43. Accident
Pay
44. Further
Education
Part 9
SAVINGS AND
TRANSITIONAL
45. Leave
Reserved and No Further Claims
Part 10
SCHEDULES
Schedule 1 - Weekly Rates of pay
Schedule 2 - Allowances
Schedule 3 - Progression guidelines
Schedule 4 - Provisions of historical relevance
PART 1
APPLICATION AND OPERATION OF THIS AWARD
1. Title
This Award is the Broken Hill City Council Consent
Award.
2. Definitions
In this Award, unless the contrary intention appears:
"Act" means the Industrial Relations Act 1996
(NSW) as amended.
"Aged and Community care employees" means
employees engaged in the performance of all non-nursing work in or in
connection with, or incidental to the conduct of Council administered aged and
disability care centres and facilities.
"ASA" means Annualised Salary Agreement and
operates in accordance with Clause 10 of this Award.
"Award" means the Broken Hill City Council
Consent Award.
"Council" means the Broken Hill City Council.
"Employee" means a person employed by Broken
Hill City Council.
"Ordinary pay" means remuneration for the
employee's normal weekly number of hours of work calculated at the ordinary
time rate of pay. Ordinary pay shall include, and not be limited to the
following penalties and allowances where they are regularly received.
Saturday, Sunday and shift penalties;
Tool allowances;
On call allowance;
First Aid allowance; and
Community language and signing work allowances.
Overtime payments and all other allowances
shall be excluded from the composition of ordinary pay.
"Salaried Office Employee" means an employee
engaged in one of the following functions:
Administration;
Building Surveying;
Engineering (Professional);
Executive Band;
Finance;
Health Surveying;
Library;
Public Relations;
Technical Services;
Tourism; and
Town Planning.
"Union" means the means the Barrier
Industrial Council (BIC) and its affiliated unions: the Broken Hill Federated
Municipal Employees Union (BHMEU), the Construction, Forestry, Mining, Energy
& Union (Mining and General Division) (CFMEU), New South Wales Local
Government, Clerical, Administrative, Energy, Airlines and Utilities Union
(USU) and The Broken Hill Town Employees Union (BHTEU).
"Wages Employee" means an employee engaged in
any functions not otherwise specified in the definition of salaried office
employee.
3. Area, Incidence
and Duration
3.1 This Award shall
apply to all employees of Broken Hill City Council, excluding those employees
defined as senior staff by the Local Government Act 1993 (NSW).
3.2 This Award shall
rescind and replace the Broken Hill City Council Consent Award 2005 published 8
September 2006 (360 I.G.1045) and all variations thereof.
3.3 The salary
system shall operate from the beginning of the first pay period to commence on
or after 19 May 2009 in relation to Community and Aged Care Workers, and
from the beginning of the first pay period to commence on or after 4 January
2010 in relation to all other employees. All other provisions of the Award will
take effect on and from 16 March 2010 and shall remain in force until 31
October 2011.
3.4 In
Schedule 1 the Award provides for a 4% increase in rates of pay with a minimum
payment of $25 per week to operate from the first full pay period to commence
on or after 1 November 2008.
3.5 In Schedule 1
the Award provides for a 4% increase in rates of pay with a minimum payment of
$25 per week to operate from the first full pay period to commence on or after
1 November 2009.
3.6 In Schedule 1
the Award provides for a 4% increase in rates of pay with a minimum payment of
$25 per week to operate from the first full pay period to commence on or after
1 November 2010.
3.7 This award shall
be made by the Industrial Relations Commission of New South Wales and be known
as the Broken Hill City Council Consent Award. The parties to the Award are as
follows:
Broken Hill City Council;
The Barrier Industrial Council;
Broken Hill Federated Municipal Employees Union;
The Construction, Forestry, Mining and Energy Union
South Western District
The Broken Hill Town Employees’ Union; and
The United Services Union.
4. Anti
Discrimination
4.1 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.
4.2 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.
4.3 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.
4.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
4.5 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.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 (NSW) 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."
PART 2
TERMS OF ENGAGEMENT, OVERTIME AND RELATED MATTERS
5. Terms of
Engagement
General Provisions
5.1 Employees are
engaged on a full time, part time or casual basis.
5.2 Employment with
Council is subject to the satisfactory completion of a probationary period.
(a) The probationary
period shall be for a duration of three (3) months; however Council may require
a maximum period of six (6) months for employees above Grade 19 (Band 4 Level
1).
(b) During the
probation period, employees shall be provided with the appropriate training and
instruction to enable them to perform the duties and functions of the position.
(c) During the
probation period the employee will be advised of any areas of concern and
expected performance outcomes.
(d) At the
successful conclusion of the probation period, the employee shall be offered a
permanent position by Council in accordance with the employee’s original
appointment status, i.e. in a full-time or part-time capacity.
5.3 An employee’s
commencement and/or finishing times may be altered by agreement between the
span of hours of 6:00am to 6:00pm. Such
an agreement must be in writing and must be genuine with no compulsion to
agree. Where Council seeks to vary an
employee’s commencement and finishing times outside of the span of hours, there
must be prior agreement with the employee and Council, in consultation with the
Union.
5.4 Except as
otherwise provided, the ordinary hours for all employees shall be between
Monday and Friday.
5.5 The ordinary
hours for employees engaged in the following functions and positions shall be
between Monday and Sunday:
(a) Council’s
Visitor Information Centre;
(b) The Library;
(c) The
Entertainment Centre
(d) The GeoCentre;
(e) The Art Gallery;
(f) Waste Services;
(g) Aged Care
employees employed at Shorty O’Neil Village;
(h) Pool Attendants;
(i) Pool Cleaners;
(j) Airport
Reporting Officers;
(k) Dog Control
Officers; and
(l) The Living
Desert Ranger;
Starting Point
5.6 All employees
shall start and finish at the various Council depots and facilities. Employees may be required to start and
finish at the work site if practical.
Travelling time to the Sanitary or Garbage depots
5.7 Employees
reporting for work at the Sanitary or Garbage depots shall be allowed one half
hour travelling time in Council’s time.
Garaging
5.8 All time
necessary in garaging of machines shall be included in Council’s time.
Full-Time Employees
5.9 The maximum
ordinary hours of work for full time Wages employees shall be no more than 76
hours per fortnight. Wages employees
shall commence work at 7:00am and finish at 3:26pm, and work for 8 hours and 26
minutes inclusive of a paid meal break.
5.10 The maximum
ordinary hours of work for Salaried Office employees shall be 70 hours per
fortnight. Salaried Office employees
shall commence work at 8:30am and finish at 5:00pm, and work for 7 hours and 46
minutes exclusive of a 44 minute unpaid meal break.
5.11 The maximum
ordinary hours of work for Aged Care and Community Care employees shall be 76
hours per fortnight, wherein each shift shall consist of 8 ordinary hours of
work per day, inclusive of paid meal times.
5.12 Employees shall
be entitled to a rostered day off once in every two (2) week period.
(a) It is essential
that all employees working a nine (9) day fortnight be aware that the first
priority is the maintenance of acceptable work flows. Accordingly there will need to be co-operation between Council
employees and managers in the planning of rostered working days so that
adequate staff resources are available to all time to service public needs as
well as providing interdepartmental office communication and services.
(b) Rosters are to
be prepared by managers and/or departmental heads at least two weeks in
advance.
(c) When a public
holiday clashes with a rostered day off, the general rule will be to take the
next working day as a rostered day off.
(d) Approval to
accumulate rostered days off may be granted in special circumstances by the
employee’s manager and/or departmental head.
Part-Time Employees
5.13 A part-time
employee shall mean an employee who is engaged on the basis of a regular number
of hours which are less than the full-time ordinary hours in accordance with
subclauses 5.9, 5.10 and 5.11 of the Award.
5.14 Prior to
commencing part-time work Council and the employee shall agree upon the
conditions of work including:
(a) The hours to be
worked by the employee, the days upon which they shall be worked and the
commencing times for the work.
(b) The nature of
the work to be performed.
(c) The rate of pay
as paid in accordance with this Award.
5.15 The conditions
may also stipulate the period of part-time employment and may be varied by
consent.
5.16 The conditions or
any variation to them must be in writing and retained by Council. A copy of the
conditions and any variations to them must be provided to the employee by
Council.
5.17 Unless otherwise
provided where a public holiday falls on a day where a part-time employee would
have regularly worked the employee shall be paid for the hours normally worked
on that day.
5.18 By agreement a
part-time employee may work more than their regular number of hours at the
ordinary hourly rate. The maximum
amount of hours that a part-time employee may work at the ordinary hourly rate
are the hours prescribed by sub-clauses 5.9, 5.10 and 5.11.
5.19 Part-time
employees shall receive all conditions prescribed by the Award on a pro rata
basis of the regular hours worked. An adjustment to the accrued leave
entitlements may be required at the conclusion of each service year based on
the proportion of actual hours worked.
Casual Employees
5.20 A casual employee
shall mean an employee engaged on a day to day basis, where each engagement is
a minimum of 4 hours.
5.21 A casual employee
shall be paid the hourly rate for ordinary hours worked.
5.22 A casual employee
shall be entitled to a 25 per cent loading, calculated on the ordinary hourly
rate. This loading shall not attract any penalty. This loading shall be paid in
lieu of all leave and severance pay, except paid maternity leave. Casual
loading is not payable on overtime.
5.23 A casual employee
may work a maximum amount of hours as prescribed by sub-clauses 5.9, 5.10 and
5.11 at ordinary time. Overtime shall
be paid where a casual employee works outside the ordinary hours for the
position. In cases where there are no
ordinary hours for the position, overtime shall be paid for the hours worked in
excess of those prescribed in sub-clauses 5.9, 5.10 and 5.11.
5.24 Subject to the
reasonable overtime provisions of sub-clause 8.1 a casual employee will not be
offered to work overtime in a position held by an employee of Council, if the
employee of Council is available to work that overtime.
5.25 Casual employees
who work on Saturday and/or Sunday are entitled to the penalty rates prescribed
by clause 6. The penalties are
calculated on the ordinary hourly rate.
5.26 Casual employees
who work outside the relevant span of hours are entitled to the relevant shift
penalties prescribed by clause 7. The
shift penalty is calculated on the ordinary hourly rate.
5.27 Casual employees
engaged on a regular and systematic basis shall:
(a) Have access to
annual assessment under council's salary system
(b) Have their
service as a casual counted as service for the purpose of calculating long
service leave where the service as a casual employee is continuous with their
appointment to a permanent position on council's structure. In calculating the
long service leave entitlement of casual employees, there shall be a deduction
of the long service leave accrued whilst the employee was employed as a casual
and paid the loading identified in sub-clause 5.22.
5.28 A casual employee
shall not replace an employee of council on a permanent basis.
5.29 Carer’s
entitlements shall be available for casual employees as set out in sub-clause
23.9 of this Award.
5.30 Bereavement
entitlements shall be available for casual employees as set out in sub-clause
24.2 of this Award.
5.31 Parental leave
entitlements shall be available for casual employees in accordance with Part 4,
Parental Leave, of the Industrial Relations Act 1996 (NSW).
6. Saturday and
Sunday Work
6.1 Except as
otherwise provided, ordinary hours worked on a Saturday shall attract a 25%
penalty in addition to the ordinary hourly rate of pay and ordinary hours
worked on a Sunday shall attract a 50% penalty in addition to the ordinary
hourly rate of pay.
6.2 Sub-clause 6.1
applies to full-time and permanent part-time employees situated at Council’s
Visitors Information Centre, Library, Entertainment Centre, GeoCentre, and Art
Gallery.
6.3 Ordinary hours
worked on a Saturday or a Sunday by Waste Services employees shall attract a
50% penalty for work between midnight on Friday and midnight on Saturday, and a
100% penalty for work between midnight on Saturday and midnight on Sunday.
6.4 Subclause 6.1
does not apply to full-time and permanent part-time employees who work ordinary
hours on weekends and currently receive over award payments in the positions of
Aged care, Community care, Pool Attendant / Cleaner, Airport Reporting Officer,
Dog Control Officer and Living Desert Ranger.
6.5 Subclause 6.3
does not apply to Waste Services employees who work ordinary hours on weekends
and currently receive over award payments.
6.6 Ordinary hours
worked on a Saturday or a Sunday by aged care employees shall attract a 50%
penalty for work between midnight on Friday and midnight on Saturday and a 100%
penalty for work between midnight on Saturday and midnight on Sunday. The weekend penalty rates for the ordinary
hours of aged care employees are in substitution for and not cumulative upon
the shift penalty prescribed in sub-clause 7.2.
6.7 An employee may
request to work ordinary hours on a Saturday and/or a Sunday in lieu of the ordinary
hours the employee would otherwise be rostered to work.
(a) An employee’s
request must be in writing and be forwarded to Council and the Union. In addition the request must outline a
period within which the arrangement is to be reviewed by Council and the Union;
(b) Council and the
Union will not unreasonably withhold agreement to such a request;
(c) Any such
agreement shall not apply to new or vacant positions;
(d) Where an
employee requests to work ordinary hours on a Saturday and/or a Sunday under
the provisions of this sub-clause, Council shall not be required to pay the
penalty rate provided by sub-clauses 6.1, 6.2 or 6.4.
7. Shift Work
7.1 Except as
otherwise provided ordinary hours worked by employees, other than aged and
community care employees, outside the span referred to in subclause 5.3 shall
attract a 20% shift penalty in addition to the ordinary hourly rate of pay for
the actual time worked outside the span.
7.2 Aged and
community care employees who work ordinary hours outside the span referred to
in sub-clause 5.3 shall be entitled to a 15% shift penalty in addition to the
ordinary hourly rate of pay for the actual time worked between 6:00pm and
6:00am.
7.3 Subclause 7.1
does not apply to full-time and permanent part-time employees who currently
receive over award payments in the positions of Pool Attendant / Cleaner,
Airport Reporting Officer, Dog Control Officer and Living Desert Ranger.
7.4 Employees
engaged in the following functions shall be entitled to a 20% shift penalty in
addition to the ordinary hourly rate of pay for the actual time worked outside
the following times:
Cleaners
|
5:00am to 9:00pm
|
Entertainment, Theatres and Hospitality
|
6:00am to 11:00pm
|
Libraries
|
8:00am to 9:00pm
|
7.5 Shift penalties
shall be payable for ordinary work performed between Monday and Friday and
shall not be paid on weekends.
7.6 An employee may
request to work ordinary hours outside the span of 6:00am and 6:00pm or any of
the other spans detailed in sub-clauses 7.1, 7.2, 7.3, and 7.4, in lieu of the
ordinary hours the employee would otherwise be rostered to work.
(a) An employee’s
request must be in writing and be forwarded to Council and the Union. In addition the request must outline a
period within which the arrangement is to be reviewed by Council and the Union;
(b) Council and the
Union will not unreasonably withhold agreement to such a request;
(c) Any such
agreement shall not apply to new or vacant positions;
(d) Where an
employee requests to work ordinary hours outside the relevant span of hours
under the provisions of this sub-clause, Council shall not be required to pay a
shift penalty for the actual time worked.
8. Employees Entitled
to Overtime
8.1 Except where
otherwise provided Council may require an employee to work reasonable overtime.
(a) An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(b) What constitutes
unreasonable working hours will be determined having regard to:
any risk to the employee;
the employee’s personal circumstances including any
family and carer’s responsibilities;
the needs of the workplace;
the notice, if any, given by Council of the overtime
and by the employee of their intention to refuse it; and
any other matter.
8.2 Overtime shall
be paid at the rate of double time.
8.3 Any employee who
has completed normal and regular hours of work whether on or off the premises
at the time of request, and is called to work overtime, other than planned
overtime, of less than four (4) hours, shall be paid double time for four (4)
hours.
8.4 Where an
employee is required to work after finishing time for a period in excess of 1 ½
hours, then the employee shall be provided with a meal, or alternatively, the
employee shall be paid the allowance set out in the Table in Schedule 2.
If overtime continues beyond 1 ½ hours then, for each
additional four hours worked an additional meal shall be provided or,
alternatively, the employee shall be paid the allowance set out in the Table in
Schedule 2.
8.5 Except as
otherwise provided, where a meal is due and overtime is to extend beyond that
time, a paid break of twenty (20) minutes shall be allowed in which to eat the
meal.
8.6 Transport shall
be provided for all employees required to work on other than planned work which
is outside their normal working time.
8.7 A wages employee
shall receive a paid thirty (30) minute meal break or in lieu, an allowance, as
set out in the Table in Schedule 2, after four (4) continuous hours on any or
all overtime worked on Saturdays and Sundays.
8.8 Council shall
keep a record of all overtime worked and shall pay for authorised overtime.
8.9 For the purposes
of calculating overtime each day shall stand alone, provided however that where
any period is continuous and extends beyond midnight, all overtime hours in
this period shall be regarded as if they had occurred within the day first
occurring.
8.10 Consistent with
Council’s travel policy, the above provisions do not apply to those employees
required to travel for work.
On-call Allowance
8.11 An employee shall
be deemed to be on-call if required by Council to be available for duty outside
of ordinary hours at all times in order to attend emergency and/or breakdown work.
8.12 Employees who are
required to be on-call are not required to remain at their usual place of
residence or other place appointed by Council.
However, an on-call employee must be able to be contacted and be able to
respond within a reasonable time.
8.13 Employees
required to be on-call on days when they would ordinarily work, or would have
ordinarily worked but for a public holiday, shall be paid an allowance of
$15.00 per day.
8.14 Employees
required to be on-call on days other than their ordinary working days shall be
paid an on-call allowance of $30.00 per day.
8.15 The on-call
allowances in sub-clauses 8.13 and 8.14 shall not total more than $135.00 for
any one week.
8.16 Employees on-call
who are required to work outside their ordinary hours shall be entitled to be
paid overtime at the appropriate rate for hours worked and such rate shall be
paid from the time that the employee departs for work. On-call employees are not subject to the
minimum payment provisions of sub-clause 30.4 on a public holiday.
Call back
8.17 Any employee of
Council who has completed their normal and regular hours of work whether on or
off the premises at the time of request, is called to work overtime, other than
planned overtime, of less than four hours, shall be paid overtime at the rate
that applies for four hours.
Quick shift
8.18 An employee who
works so much overtime between the completion of ordinary work on one shift and
the commencement of ordinary work on the next shift that they have not had at
least eight consecutive hours off duty between shall be paid double time if
instructed to resume work or released from work and entitled to an eight hour
break without loss of pay.
Broken shift
8.19 A permanent
employee called upon to work a broken shift shall be paid the indexed allowance
based upon that currently applicable per shift in addition to their ordinary
pay. A broken shift shall not exceed a
span of twelve (12) hours.
9. Meal Breaks
9.1 Council must not
require an employee to work for more than 5 hours continuously without an
interval of at least 30 minutes for a meal.
9.2 Except as
otherwise provided, a meal allowance as set out in the Table in Schedule 2
shall be paid to employees instructed to work overtime:
(a) for 1½ hours or
more prior to their agreed commencing time
(b) for 1½ hours
immediately after their agreed finishing time and after subsequent periods of
four hours
(c) after each four
hours on days other than ordinary working days.
9.3 Aged Care and
Community Care employees shall remain on site for the duration of any meal
break.
10. Annualised Salary
Agreements
10.1 Council, the
Union and an employee may enter into an ASA by following the procedures set out
in this clause.
10.2 An ASA must be
committed to writing and signed by both the employee, the Union and Council.
10.3 If not specified
in the ASA, the maximum term of an ASA shall be the nominal expiry date of the
Award.
10.4 Either party may
terminate an ASA with the provision of one (1) months notice in writing, unless
the ASA expressly provides otherwise.
10.5 An appropriate
annualised rate shall be paid by Council to the employee, in lieu of payment
for any or all of the following provisions:
Reasonable overtime;
Saturday and Sunday work;
Shift loading
Allowances; and
Public Holidays
The ASA must set out those provisions that the
annualised rate of pay compensates for.
10.6 The ASA shall
stipulate the basic rate of pay and the additional annualised component which
comprises the entire salary for the ASA.
10.7 For the purposes
of this Award, the basic rate of pay and the annualised component form the
ordinary rate of pay.
10.8 An ASA will be
reviewed annually (on or after 1 November each year) and the appropriate
annualised rate re-assessed to provide for increases to the basic rate of pay
and allowances.
10.9 At all times the
basic rate of pay specified in the ASA shall not be less than the corresponding
rate provided by the Award.
10.10 Once an ASA has
been executed a copy shall be provided to the relevant Union.
10.11 Any such ASA that
is specific to an individual employee shall not apply to new or vacant
positions.
11. Council
Agreements
11.1 The parties may
enter into a council agreement, which may apply to parts of Council’s
workforce.
11.2 The terms of any
agreement reached between the parties shall substitute for the provisions of
the award provided that:
(a) the extent of
the council agreement shall be limited to:
Payment of employees;
Hours of work;
Overtime;
Holidays;
Part-time employment;
Job share employment;
Performance, evaluation and reward
(b) the agreement
does not provide less than the entry level rates of pay;
(c) the agreement is
consistent with the Industrial Relations Act 1996 (NSW) and current wage
fixing principles; and
(d) the agreement
shall be processed in accordance with subclause 11.3 of this clause. Provided
further that, where the agreement proposes to vary award provisions other than
those nominated in paragraph (a) above, the agreement shall be processed in
accordance with the Enterprise Arrangement Principle.
11.3 A Council
Agreement shall be processed as follows:
(a) the unions shall
be notified prior to the commencement of negotiations;
(b) the agreement
has been genuinely arrived at by negotiation between the Council and the Union;
(c) the agreement
shall be committed to writing and shall include a date of operation and a date
of expiration;
(d) the council and
the appropriate union(s) shall sign the agreement; and
(e) Any party to a
Council Agreement may at any stage during the above process refer the matter to
the Industrial Relations Commission of NSW.
PART 3
RATES OF PAY AND RELATED MATTERS
12. Skills Based
System of Pay and Rates of Pay
12.1 This Award has
adopted a skills based structure consisting of four overlapped bands within
which classifications have been broad banded into levels according to six key
skill descriptors as defined within clause 13 Skill Descriptors.
The four bands are:
No.
|
Band
|
Levels
|
1
|
Operational
|
4
|
2
|
Administrative/Technical/Trades
|
3
|
3
|
Professional/Specialist
|
4
|
4
|
Executive
|
4
|
12.2 The skills based
salary structure described above is supported by a 24 grade salary system with
each grade comprising of an entry level and three progression steps that are
over and above the entry level rates of pay for the grade.
12.3 The salary system
determines how employees at Council are paid.
An employee shall be paid the salary system rate of pay that recognises
the skills the employee is required to apply on the job. In relation to employees at Grade 14 and
above, when moving from step 3 to step 4, the salary system rate of pay also
recognises a performance rating of competent or above.
12.4 Positions are
assigned a salary grade(s) within the structure. A position may extend across
more than one grade in Council’s salary system. The rates of pay for each grade are set out in the Table 1 of
Schedule 1. The rates of pay in Table 1
of Schedule 1 are rates that have historically absorbed the defunct extra over
award payments and the Broken Hill Allowance for all employees, Annual Leave
loading for Salaried Office Employees and Wages Employees and the following
allowances for Wages Employees:
Ceiling;
Chainsaw;
Confined Space;
Dead Animal;
Dirt;
Early Start;
Early Start - Pool;
Jack Hammer;
Laundry;
Lead Bonus;
Milk;
Mowing;
Noxious Weeds;
Power Implement;
Painter’s spray;
Qualification;
Spreader;
Trade Certificate;
Toilet;
Towing;
Wet - General; and
Wet - Garbage.
12.5 The transition to
the skills based salary structure by aged and community care employees
incorporates and absorbs prior allowances and payments, specifically:
Linen Handling - Nauseous Linen Allowance;
Cardigan Allowance;
Special Shoe Allowance;
Laundry Allowance;
Flexibility Allowance;
Special cleaning allowances associated with cleaning or
scraping in confined spaces, inside the gas or water space of any boiler, flue
or economiser;
Uniform Allowance; and
Driving Allowance.
Further, this transition takes, incorporates and
absorbs the prior payment of Annual Leave Loading.
12.6 Apprenticeships
(a) The rates of pay
set out in Table 2 of Schedule 1 are payable to employees undertaking
apprenticeships.
(b) Upon reaching
the age of 21 years and not having completed their apprenticeship, apprentices
shall be paid the minimum rate for adults provided under this Award.
(c) Upon successful
completion of the apprenticeship, an employee shall proceed to the appropriate
grade in the structure, if the employment is to be continued beyond the apprenticeship
period.
(d) In addition to
the vocational training direction, Council shall provide an apprentice with the
conditions of the apprenticeship in writing and these conditions shall include:
(i) the terms of
the apprenticeship;
(ii) the course of studies
to be undertaken by the apprentice;
(iii) the course of
on the job training to be undertaken by the apprentice.
(e) On the
production of a letter from the Principal of the TAFE College stating that they
have satisfactorily completed a year’s work in the trade course appropriate to
their apprenticeship, an apprentice shall be refunded the amount of fees paid
in respect of that year.
(f) On the
production of a letter from the Principal of the TAFE College stating that they
have satisfactorily completed a year’s work in the trade course appropriate to
their apprenticeship, and receipts for text books prescribed for that year’s
work, an apprentice shall be paid the cost of the prescribed text books or one
hundred and fifty dollars ($150.00) whichever is the lesser amount.
12.7 Government funded
traineeships
(a) A government
funded traineeship is subject to a Traineeship Agreement registered with the
relevant State Training Authority.
(b) The rates of pay
payable to a government funded trainee shall be as provided in Table 3 in
Schedule 1.
(c) The rates of pay
in Table 3 in Schedule 1 are actual rates and shall only apply to government
funded trainees while they are undertaking an approved traineeship.
(d) Council shall
ensure that government funded trainees are permitted to attend the training
course or program provided for in the Traineeship Agreement and shall ensure
that trainees receive the appropriate on-the-job training in accordance with
the Traineeship Agreement.
(e) A government
funded trainee shall be permitted to be absent from work without loss of
continuity of employment and/or wages to attend training in accordance with the
Traineeship Agreement.
13. Skill Descriptors
The award’s skills based bands, levels and grades are
defined according to the following skill descriptors:
OPERATION BAND
Operational Band 1, Level 1
Authority and accountability:
Completion of basic tasks with work closely monitored
by the team leader or supervisor.
Judgement and problem solving:
Judgement is limited and coordinated by other workers.
Specialist knowledge and skills:
Specialist knowledge and skills are obtained through
on-the-job training and council-based induction training. Off-the-job training
may lead to trade, technical or professional qualifications.
Management skills:
Not required.
Interpersonal skills:
Limited to communications with other staff and
possibly, with the public.
Qualifications and experience:
Completion of School Certificate or the Higher School
Certificate may be sought. Completion of an appropriate labour market program
or similar short-term work / skills experience is desirable.
Operational Band 1, Level 2 (Grades 1 to 4)
Authority and accountability:
Responsible for completion of basic tasks with individual
guidance or in a team.
Judgement and problem solving:
Applies standard procedures with normally few if any
options in the application of skills.
Specialist knowledge and skills:
Job specific skills and knowledge would normally be
gained through on-the-job training and experience. Short courses may be
completed at TAFE.
Management skills:
Not required.
Interpersonal skills:
Frequent communication with other staff and/or the
public common but normally at a routine level.
Qualifications and experience:
Incumbents may have attended short courses in specific
work areas or be undertaking a technical college certificate as completion of
structured training program in work-related area.
Operational Band 1, Level 3 (Grades 5 to 7)
Authority and accountability:
Responsible for completion of regularly occurring tasks
with general guidance on a daily basis.
Judgement and problem solving:
Judgement is required to follow predetermined
procedures where a choice between more than two options are present.
Specialist knowledge and skills:
Application of skills, including machine-operation
skills, following training "on the job" or accredited external
training over a number of months.
Management skills:
Some guidance/supervision may be required. May assist a
co-ordinator / trainer with on-the-job training.
Interpersonal skills:
Skills required for exchange of information on
straightforward matters.
Qualifications and experience:
Suitable experience or qualifications in a number of
defined skill areas.
Operational Band 1, Level 4 (Grades 8 to 10)
Authority and accountability:
Responsible for supervising staff in operational duties
or for work requiring independence in the application of skills, subject to
routine supervision. Responsible for quality of work function.
Judgement and problem solving:
Option on how to approach tasks requires interpretation
of problems and may involve precise judgement in operational areas.
Specialist knowledge and skills:
The number of work areas in which the position operates
makes the work complicated and a variety of skills are required in its
completion. Position may require competence in operation of complex machinery.
Management skills:
Supervisory skills in the communication of
instructions, training and the checking of work may be required.
Interpersonal skills:
Skills are required to convince and explain specific
points of view or information to others and to reconcile differences between
parties.
Qualifications and Experience:
Experience to adapt procedures to suit situations and a
thorough knowledge of the most complex operational work procedures to achieve
work objectives.
ADMINISTRATIVE / TECHNICAL / TRADES BAND
Administrative / Technical / Trades Band 2, Level 1
(Grades 8 to 10)
Authority and accountability:
Responsible for the completion of work requiring the
application of trades, administrative or technical skills.
Judgement and problem solving:
Skills in assessing situations and in determining
processes, tools and solutions to problems. Guidance is available.
Specialist knowledge and skills:
Positions will have demonstrated competence in a number
of key skill areas related to major elements of the job.
Management skills:
Positions may require skills in the supervision or co-ordination
of small groups.
Interpersonal skills:
Communication skills to explain situations or advise
others.
Qualifications and experience:
Appropriate work-related trade, technical or
administrative qualifications or specialist skills training.
Administrative / Technical / Trades Band 2, Level 2
(Grades 11 to 13)
Authority and accountability:
Responsibility as a trainer/co-ordinator for the
operation of a small section which uses staff and other resources, or the
position completes tasks requiring specialised technical / administrative
skills.
Judgement and problem solving:
Skills to solve problems which require assessment of
options with freedom within procedural limits in changing the way work is done
or in the delegation of work. Assistance may be readily available from others
in solving problems.
Specialist knowledge and skills:
Positions will have specialised knowledge in a number
of advanced skill areas relating to the more complex elements of the job.
Management skills:
May require skills in supervising a team of staff, to
motivate and monitor performance against work outcomes.
Interpersonal skills:
In addition to interpersonal skills in managing others,
the position may involve explaining issues/policy to the public or others and
reconcile different points of view.
Qualifications and experience:
Thorough working knowledge and experience of all work
procedures for the application of technical / trades or administrative skills,
based upon suitable certificate or post-certificate-level qualifications.
Administrative / Technical / Trades Band 2, Level 3
(Grades 14 to 16)
Authority and accountability:
May be responsible to provide a specialised / technical
service and to complete work which has some elements of complexity. Make
recommendations within council and represent council to the public or other
organisations.
Judgement and problem solving:
Problem solving and judgements are made where there is
a lack of definition requiring analysis of a number of options. Typical judgements
may require variation of work priorities and approaches.
Specialist knowledge and skills:
Positions have advanced knowledge and skills in a
number of areas where analysis of complex options is involved.
Management skills:
May supervise groups of operational and / or other
administrative /
trades / technical employees. Employees supervised may be in
a number of different work areas, requiring motivation, monitoring and
co-ordination to achieve specific outputs.
Interpersonal skills:
Skills to communicate with subordinate staff and the
public and/or negotiation / persuasive skills to resolve disputes with staff or
the public.
Qualifications and experience:
An advanced certificate, associate diploma, appropriate
in-house training or equivalent combined with extensive experience in the
application of skills in the most complex areas of the job.
PROFESSIONAL / SPECIALIST BAND
Professional / Specialist Band 3, Level 1 (Grades 11 to
13)
Authority and accountability:
Provides specialised / technical services to complete
assignments or projects in consultation with other professional staff. May work
with a team of technical or administrative employees requiring the review and
approval of more complex elements of the work performed by others.
Judgement and problem solving:
Problems require assessment of a range of options
having elements of complexity in reaching decisions and making recommendations.
Precedent is available from sources within the Council, and assistance is
usually available from other professional / specialist staff in the work area.
Specialist knowledge and skills:
Positions require considerable knowledge in a specific
area with a sufficient level of skills and knowledge to resolve issues having
elements of complexity that may not be clearly defined.
Management skills:
Positions at this entry level to the Professional /
Specialist Band are not required to possess management skills.
Interpersonal skills:
Persuasive skills are required to participate in
technical discussions to resolve problems, explain policy and reconcile
viewpoints.
Qualifications and experience:
Professional/specialist positions require professional
qualifications to apply theoretical knowledge to practical situations.
Professional / Specialist Band 3, Level 2 (Grades 14 to
16)
Authority and accountability:
Provides a specialised/technical service in the
completion of work and / or projects which have elements of complexity
(composed of many parts that may be more conceptual than definite).
Judgement and problem solving:
Positions require the interpretation of information and
development of suitable procedures to achieve agreed outcomes. Problem solving
and decision making require analysis of data to reach decisions and / or
determine progress.
Specialist knowledge and skills:
Experience in the application of technical concepts and
practices requiring additional training are required at this level.
Management skills:
May manage a number of projects involving people and
other resources requiring project control and monitoring as well as motivation
and co-ordination skills.
Interpersonal skills:
Interpersonal skills in leading and motivating staff in
different teams / locations may be required, as well as persuasive skills to
resolve problems or provide specialised advice.
Qualifications and experience:
Positions at this level would have supplemented base
level professional qualifications with additional skills training. Considerable
practical experience or skills training would be required to effectively
control key elements of the job.
Professional / Specialist Band 3, Level 3 (Grades 17 to
19)
Authority and accountability:
Provides a professional advisory role to people within
or outside council. Such advice may commit the Council and have significant
impact upon external parties dealing with council. The position may manage
several major projects or sections within a department of the Council.
Judgement and problem solving:
Positions have a high level of independence in solving
problems and using judgement. Problems can be multi-faceted requiring detailed
analysis of available options to solve operational, technical or service
problems.
Specialist knowledge and skills:
The skills and knowledge to resolve problems where a number
of complex alternatives need to be addressed.
Management skills:
May be required to manage staff, resolve operational
problems and participate in a management team to resolve key problems.
Interpersonal skills:
Interpersonal skills in leading and motivating staff
may be required. Persuasive skills are used in seeking agreement and discussing
issues to resolve problems with people at all levels. Communication skills are
required to enable provision of key advice both within and outside council and
to liaise with external bodies.
Qualifications and experience:
Tertiary qualifications combined with a high level of
practical experience and an in-depth knowledge of work.
Professional / Specialist Band 3, Level 4 (Grades 20 to
21)
Authority and accountability:
Accountable for the effective management of major
sections or projects within their area of expertise. As a specialist, advice
would be provided to executive level and to council on major areas of policy or
on key issues of significance to the organisation. The position's influence
would have an important role in the overall performance of the function.
Judgement and problem solving:
Positions would determine the framework for problem
solving or set strategic plans with minimal review by senior management. At
this level, the position may represent senior management or council in the
resolution of problems. The oversight of problem solving and assessment of the
quality of judgements made by less qualified staff will apply at this level.
Specialist knowledge and skills:
Positions require knowledge and skills for the
direction and control of a key function of council or major functions within a
department. Positions require expert knowledge and skills involving elements of
creativity and innovation in addressing and resolving major issues.
Management skills:
Positions may direct professional or other staff in the
planning, implementation and review of major programs, as well as participating
as a key member of a functional team.
Interpersonal skills:
Interpersonal skills in leading and motivating staff
will be required at this level. Positions require the ability to negotiate on
important matters with a high degree of independence. Positions are required to
liaise with the public and external groups and organisations.
Qualifications and experience:
Specialist tertiary qualifications in an appropriate
field of study combined with extensive practical experience in all relevant
areas in order to plan, develop and control major elements of work.
EXECUTIVE BAND
Executive Band 4 (Grades 22 to 24)
Authority and accountability:
Accountable for the direction and control of council or
a department or the like. Influence and commit council or a department or the
like to long-term strategic directions. Lead policy development and
implementation.
Judgement and problem solving:
Positions solve problems through analytic reasoning and
integration of wide-ranging and complex information, and have a high level of
independence in determining direction and approach to issues.
Specialist knowledge and skills:
The position requires the application of a range of
specialist knowledge and skills, including relevant legislation and policies
and other areas of precedent. Ability to provide authoritative advice to
council.
Management skills:
Application of corporate management skills in a diverse
organisation to establish goals and objectives. Manage and control staff,
budgets and work programs or major projects of council or a department or the
like utilising leadership, evaluation and monitoring skills to facilitate
achievement of objectives. Ability to generate innovative approaches to more
effectively deploy resources, meet changing circumstances and improve service
to the Council's clients.
Interpersonal skills:
Positions use persuasive skills with external parties
on major items of critical importance to council. They motivate managers and
staff at all levels by leading and influencing others to achieve complex
objectives. They influence the development of the Council.
Qualifications and experience:
Positions will have a relevant degree or equivalent and
management experience, combined with accredited management qualifications.
14. Annual Assessment
and Progression Rules
14.1 Employees shall
be assessed for progression through the salary range for their position
annually.
14.2 At the time of
each annual assessment, Council shall advise the employee of the skills and/or
any performance objectives required for the employee to progress to the next
salary step and shall review the employee’s training needs.
14.3 An employee’s
progression from the entry level (Step 1) to Step 2, Step 3 and Step 4 shall be
based upon the acquisition and use of core skills and knowledge as specified in
the relevant position description and skills matrix.
14.4 Progression
through the salary system shall be based on the acquisition and use of skills.
Where skills based progression is not reasonably available within the salary
range for the position, employees shall have access to progression based on the
achievement of performance objectives relating to the position and communicated
to the employee in accordance with subclause 14.2 above.
14.5 Progression shall
be subject to the employee achieving a skills/performance rating of competent
or above, at the time of the annual assessment.
14.6 For employees at
Grade 14 and above progression from Step 3 to Step 4 is subject to performance.
Should an employee’s performance be evaluated as marginal or inadequate the
employee shall not be eligible to progress to the next salary point.
14.7 Employees may
appeal against their skills assessment and/or performance evaluation. Such appeals must be in writing to the
General Manager within 10 days of the original assessment and/or
evaluation. The General Manager may
consult with applicable staff members before making a final determination.
Employees may access the Dispute Resolution Procedures of clause 36 as a means
of resolving concerns in relating to skills assessments and/or performance
evaluations.
14.8 Employees shall
have access to information regarding the grade, salary range and progression
step of the position. The guidelines
found in Schedule 3 to this Award have been established to assist the parties
to the Award in relation to the operation of Council’s Salary System and the
progression of employees through Council’s Salary System.
15. Allowances and
Reimbursements
15.1 Expenses
(a) All reasonable
expenses, including out-of-pocket, accommodation and travelling expenses,
incurred in connection with an employee’s duties shall be paid by Council.
(b) Where practical
the reimbursement be included in the next pay period.
(c) The method and
mode of travelling or the vehicle to be supplied or to be used shall be arranged
mutually between the Council and the employee.
(d) Travel
arrangements shall be agreed between the Council and the employee.
15.2 Tools Allowance
(a) Tradespersons
and apprentices shall provide their own tools.
(b) Tools will be
replaced by Council or the cost to replace tools made by Council where:
tools are worn through proper use;
tools are stolen and such theft has been reported to
the proper local police authority by the employee; and
where tools are damaged and the employees supervisor
has authorised their replacement.
(c) Otherwise, lost
tools shall be replaced by employees at their own expense.
(d) Tradespersons
who are required to work in a second trade shall be supplied with the necessary tools for the second
trade.
15.3 Community Language
and Signing Work
(a) Employees using
a community language skill as an adjunct to their normal duties to provide
services to speakers of a language other than English or to provide signing
services to those with hearing difficulties, shall be paid an allowance in
addition to the weekly pay. The quantum
of the allowance is set out in the Table in Schedule 2.
(b) The allowance
may be paid on a regular or irregular basis, according to when the skills are
used.
(c) Such work
involves an employee acting as a first point of contact for non-English
speaking residents or residents hearing difficulty. In this regard the employee is limited to identifying the
resident’s area of concern or inquiry and then providing basic assistance,
which may include face-to-face discussion and/or telephone inquiry.
(d) Such employees
convey straightforward information relating to Council services, to the best of
their ability. The Employees do not
replace or substitute for the role of a professional interpreter or translator.
(e) Such employees
shall record their use of a community language.
15.4 First Aid Work
(a) Every employee
shall be given an opportunity to train in first aid, with the objective being
to obtain a first aid certificate. The
Council shall pay the fees associated with the attainment of such certificate.
(b) Council shall
provide a sufficient number of properly equipped first aid boxes and one shall
be provided for use in cases of accident or sudden illness at each and every
workplace where two or more persons are employed.
(c) Where an
employee is required by Council to be in charge of a first aid kit and/or to
administer first aid and the use of such adjunct skills are not paid for in
accordance with the salary system then the employee shall be paid an allowance
as set out in the Table in Schedule 2.
(d) Employees
required by Council to relieve a first aid attendant shall receive an allowance
as set out in the Table in Schedule 2.
15.5 Licence fees
The Council shall pay licence fees for all employees
who as a requirement of the job must drive motor vehicles or are required by
the Council to obtain a specific licence to enable them to do work required by
the Council.
16. Use of Skills
16.1 The use of skills
provisions of this clause will only apply when Council direct an employee to
carry out such duties as are within the limits of the employee’s skill,
competence and training. This may
result in an employee being required to the perform duties which may extend
beyond those identified in their position description.
16.2 An employee
directed to relieve in a position which is at a higher level within the salary
system shall be paid for that relief. The rate to be paid shall be determined
by considering the skills / experience applied by the employee relieving in the
position but shall be at least the minimum rate for that position in accordance
with the salary system except where the higher level skills have been taken
into account within the salary of the relieving employee.
16.3 Except as otherwise
provided in sub-clause 16.4 payment for use of skills relieving in a higher
paid position shall be made for the time actually spent relieving in the higher
position and is not payable when the relieving employee is absent on paid leave
or an award holiday. The higher rate is
however payable when the employee is directed to relieve during a period which
incorporates rostered days off and/or a public holiday.
16.4 Where an employee
receives a varying rate of pay for 6 months or more in the aggregate in the
preceding 12 month period, the employee’s ordinary rate of pay shall be deemed
to be the average weekly rate of pay earned during the period actually worked
over the 12 months immediately preceding the annual leave.
16.5 Where
practicable, payment for relief work at a higher level must be authorised and
determined in advance and the employee explicitly directed to relieve in the
higher position.
17. Salary Packaging
and Sacrifice
Council and the employee may agree on salary packaging
and salary sacrifice arrangements with employees. Such arrangements shall be
committed to writing and signed by the parties.
18. Superannuation
In the absence of an employee electing a superannuation
fund, employer superannuation contributions shall be paid into the default fund
being the Local Government Superannuation Scheme.
19. Payment of
Employees
19.1 Employees will be
paid fortnightly.
19.2 Council shall be
entitled to deduct from the employee’s pay such amounts as the employee
authorises in writing.
19.3 An employee’s
ordinary pay shall not be reduced when the employee is prevented from attending
work due to bushfire or other climatic circumstances beyond their control.
PART 4
LEAVE PROVISIONS
20. Annual Leave
20.1 Employees accrue
annual leave in a twelve month period as follows,
(a) Salaried office
employees accrue annual leave at the rate of six (6) weeks per annum;
(b) Wages employees
accrue annual leave at the rate of five (5) weeks per annum;
(c) Subject to the
additional leave provisions outlined in sub-clause 20.1(d), aged and community
care employees accrue annual leave at the rate of five (5) weeks per annum.
(d) Aged and
community care employees rostered to work ordinary hours on Sundays and/or
Public Holidays shall be entitled to receive additional annual leave, if
following the qualifying period of employment for annual leave purposes, shifts
have been worked in accordance with the following scale:
3 shifts or less
|
Nil
|
4 - 10 shifts
|
1 day
|
11 - 17 shifts
|
2 days
|
18 - 24 shifts
|
3 days
|
25 - 31 shifts
|
4 days
|
32 or more shifts
|
1 week
|
20.2 Employees in the
sanitary and garbage depot shall be entitled to annual leave on the following
basis:
(a) Five (5) weeks
annual leave;
(b) A further two
weeks in recognition of the time worked on holidays;
(c) A total period
in the aggregate shall not exceed seven (7) weeks in all but this seven (7)
weeks if the employee so desires is to be taken at the one time; and
(d) As to other time
worked on holidays, the employee shall be entitled to be paid for such time
pursuant to the provisions of sub-clause 30.3 of this Award.
20.3 Baths/Pool
employees shall be entitled to annual leave on the following basis:
(a) Full-time
employees (other than managers) working at the Pools/Baths on a public holiday
or prescribed holiday shall be paid ordinary time plus a day added to their
annual leave. Where an employee is
rostered off, that employee shall have a day added to their annual leave,
making a total of seven weeks annual leave per year.
(b) Part-time or
seasonal employees shall be paid or given in lieu pro-rata entitlements as per
sub-clause 20.3(a).
20.4 As the pools are
closed on Christmas day, those employees usually rostered to work are given the
day off on ordinary pay. Those
employees rostered off on Christmas day are paid at the ordinary rate with a
day, or pro-rata as for seasonal or part-time employees, added to their annual
leave.
20.5 Council may
direct an employee to take annual leave by giving at least four weeks notice
where the employee has accumulated in excess of ten weeks annual leave.
20.6 Council may
direct an employee to take annual leave during a shut-down period by giving at
least four weeks notice prior to the proposed shut-down. The direction to take annual leave is conditional
upon the employee having at least the equivalent amount of annual leave
credited to them as the shut-down period. This clause should be read in
conjunction with the provisions of the Annual Holidays Act 1944 (NSW).
Option to cash out
20.7 An employee may
forgo any accrued annual leave in excess of four (4) weeks, at ordinary pay,
that is accrued in the preceding twelve month period, where:
(a) the employee
makes a written application to Council; and
(b) Council
authorises the request.
20.8 Where a request
has been authorised, Council shall:
(a) deduct the
equivalent amount of annual leave; and
(b) make payment for
annual leave forgone, at the employees ordinary pay.
21. Long Service
Leave
21.1 An employee of
council, other than aged and community care employees, shall be entitled to
Long Service Leave at ordinary pay as follows: -
Length of Service
|
Entitlement
|
After 5 years' service
|
6.5 weeks
|
After 10 years' service
|
13 weeks
|
After 15 years' service
|
19.5 weeks
|
After 20 years' service
|
30.5 weeks
|
For every completed period of 5 years' service
thereafter
|
11 weeks
|
21.2 In relation to
aged and community care employees long service leave shall from the first pay
period commencing on or after 16 March 2010 accrue in accordance with the table
at sub-clause 21.1.
21.3 Where an employee
has completed more than five years service with Council and is terminated for
any cause, long service leave shall be deemed to have accrued for the
employee's total length of service and an amount equivalent to such long
service leave, less such leave already taken, computed in monthly periods and
equivalent to 1.3 weeks for each year of service up to 15 years and 2.2 weeks
for each year of service from 15 years onwards.
21.4 Employees who
were in the Council’s employ as at 1st January, 1964 and who had at that date
completed less than fifteen (15) years’ service:
(a) For the period
between 1st January 1964 and the date on which they completed or will complete
a total of 15 years’ service in all, their long service leave will be
calculated on the basis of 13 weeks’ long service leave for ten (10) years’
service;
(b) Thereafter long
service leave is to be calculated on the basis of 22 weeks’ for ten years’
service.
21.5 Long service
leave shall be taken at a time mutually convenient to Council and the employee
in minimum periods of one week provided that all long service leave accruing on
or after the first pay period commencing on or after 16 March 2010 shall be
taken within five years of it falling due.
21.6 Payment to an
employee proceeding on long service leave shall be made by Council at the
employee’s ordinary pay for the period of long service leave either before the
commencement of the employee’s long service leave, or by agreement through the
usual pay periods.
21.7 An employee who
has become entitled to a period of leave and the employee's employment is
terminated by resignation, death or dismissal for any cause shall be deemed to
have entered upon leave at the date of termination of the employment and shall
be entitled to payment accordingly.
21.8 There shall be
deducted in the calculation of the employee's service all leave of absence
without payment not specifically acknowledged and accepted by Council as
service at the time leave was taken.
21.9 Long service
leave shall be exclusive of annual leave and any other holidays as prescribed
by this Award, occurring during the taking of any period of long service leave.
21.10 When the service
of an employee is terminated by death the council shall pay to the employee's
estate the monetary equivalent of any untaken long service leave standing to
the employee's credit at the time of the employee's decease.
21.11 Where an
employee's service is terminated through shortage of work, material or finance
or through illness certified by a duly qualified medical practitioner and such
employee is re-employed by Broken Hill City Council within 12 months of
termination of service, prior service shall be counted for the purpose of this
clause.
21.12 In calculating the
entitlement to long service leave; this Agreement must be read in conjunction
with Regulation 406A of the Local Government (General) Regulation 2005 as
amended.
21.13 In special
circumstances Council may dispense with the requirements of sub-clause 21.5 and
allow periods of less than one (1) week.
22. Sick Leave
22.1 An employee is
entitled to three (3) weeks paid sick leave in a twelve (12) month period at
ordinary pay. Sick leave shall be
cumulative in that it shall accumulate from year to year and may be taken in
any subsequent year.
22.2 As of the first
pay period commencing on or after 16 March 2010, aged and community care
employees will begin to accrue three (3) weeks sick leave every twelve (12)
months. The entitlement to sick leave
will continue to be credited on the anniversary date of commencement of each
employee.
22.3 Employees who are
absent from work due to illness and who submit a medical certificate to that
effect shall be entitled to all benefits of this Award until their accumulated
sick leave is exhausted. For a period
of three months after that they shall be entitled to payment of any public
holidays which fall due but after the elapse of such period of three months
they shall cease to be entitled to any benefits under this Award until they
return to work.
22.4 Sick leave means
sick and carer’s leave. Specifically, it is leave taken by an employee who is unable to attend work as a
result of a personal illness or injury.
22.5 As soon as
practicable on the first day of any absence under this clause an employee must
inform his or her supervisor of his or her inability to attend work and, as far
as practical, state the nature of the illness or injury and the estimated
duration of the absence.
22.6 An employee will
provide a medical certificate or, where it is not practical to provide a
medical certificate, a statutory declaration in the following circumstances:
(a) When the
employee is or will be absent on sick leave for three (3) or more consecutive
working days.
(b) If Council has
reason to believe that the employee’s absence is not consistent with the
appropriate use of personal leave.
22.7 All employees,
other than aged care and community care employees, who have accrued untaken
sick leave at the time of retirement or termination of employment shall be paid
for such accrued leave, such payment to be calculated at the wage rate
applicable at the date of retirement or on termination of employment in
accordance with the following:
(a) One half (1/2)
of sick leave accrued between 1 January 1960 and 19 March 1973;
(b) Three quarters
(3/4) of sick leave accrued between 20 March 1973 and 31 March 1980;
(c) The whole of
sick leave accrued between 1 April 1980 and 31 January 1985; and
(d) The whole of two
(2) of the three (3) weeks per annum of the sick leave accrued from 1 February
1985 up until 31 March 1994.
The benefits accruing from this subsection shall be
applied to persons employed on a full-time basis by Council as at 31 March 1994
but not to persons employed subsequent to that date.
22.8
(a) Any employee who
becomes sick or is injured whilst on annual leave and produces within a
reasonable time, no later than the conclusion of the annual leave, a doctor’s
certificate which satisfactorily indicates to Council that the employee was
unable to derive benefit from their annual leave, may be granted, at a time
convenient to Council, additional leave equivalent to the period of sickness or
injury.
(b) The re-crediting
of annual leave will only apply in cases where the period which Council is
satisfied that the employee was unable to derive benefit from the annual leave
was at least seven (7) consecutive days.
23. Carers’ Leave
23.1 Use of Sick
Leave: an employee, other than a casual employee, with responsibilities in
relation to a class of person set out in sub-clause 23.6 below who needs the
employee's care and support shall be entitled to use, in accordance with this
subclause, any current or accrued sick leave entitlement, provided for at
clause 22 of this Award, for absences to provide care and support for such
persons when they are ill, or who require care due to an unexpected emergency.
Such leave may be taken for part of a single day.
23.2 Carer’s leave is
not intended to be used for long term, ongoing care. In such cases, the
employee is obligated to investigate appropriate care arrangements where these
are reasonably available.
23.3 Where more than
ten days sick leave in any year is to be used for caring purposes the council
and employee shall discuss appropriate arrangements which, as far as
practicable, take account of Council’s and the employee’s requirements.
23.4 Where the parties
are unable to reach agreement the grievance and disputes procedures at clause
36 of this Award should be followed.
23.5 The 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 and
support by another person; or
(b) establish by
production of documentation acceptable to the council or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person has taken leave to care
for the same person.
23.6 The entitlement
to use sick leave in accordance with this subclause is subject to:
(a) the employee
being responsible for the care of the person concerned; and
(b) the person
concerned being:
(1) a spouse of the
employee; or
(2) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person, or
(3) a child or an
adult child (including an adopted child, a step child, foster child or an ex
nuptial child), parent (including a foster parent, step parent and legal guardian),
parents of spouse, grandparent, grandchild or sibling (including half, foster
and step sibling) of the employee or spouse or de facto spouse of the employee;
or
(4) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(5) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(a) 'relative' means
a person related by blood, marriage or affinity;
(b) 'affinity' means
a relationship that one spouse because of marriage has to blood relatives of
the other; and
(c) 'household'
means a family group living in the same domestic dwelling.
23.7 An employee may
elect, with the consent of Council, to take unpaid leave for the purpose of
providing care and support to a class of person set out in sub-clause 23.6(b)
above who is ill or who requires care due to an unexpected emergency.
23.8 An employee
shall, wherever practicable, give Council notice prior to the absence of the
intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employee’s
supervisor by telephone of such absence at the first opportunity on the day of
absence.
23.9 Carer’s
Entitlement for Casual Employees
(a) Subject to the
evidentiary and notice requirements in sub-clauses 23.5 and 23.8 casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a person prescribed in sub-clause 23.6(b) of this clause
who are sick and require care and support, or who require care due to an
unexpected emergency, or the birth of a child.
(b) Council and the
employee shall agree on the period for which the employee will be entitled to
not be available to attend work. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) Council must not
fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of Council to engage or
not to engage a casual employee are otherwise not affected.
23.10 Time off in Lieu
of Payment for Overtime: An employee may, with the consent of Council, elect to
take time in lieu of payment of overtime accumulated in accordance with the
provisions of clause 8 of this Award for the purpose of providing care and
support for a person in accordance with sub-clause 23.6 above.
23.11 Make-up time: An
employee may elect, with the consent of Council, to work 'make-up time', under
which the employee takes time off during ordinary hours, and works those hours
at a later time, within the spread of ordinary hours provided in this Award, at
the ordinary rate of pay for the purpose of providing care and support for a
person in accordance with sub-clause 23.6 above.
23.12 Annual Leave and
Leave Without Pay: An employee may elect with the consent of Council to take
annual leave or leave without pay for the purpose of providing care and support
for a person in accordance with sub-clause 23.6 above. Such leave shall be
taken in accordance with clause 20, Annual Leave and clause 28, Leave Without
Pay of this Award.
24. Bereavement Leave
24.1 Where an employee
is absent from duty because of the death of a person in accordance with
paragraphs (a)-(e) below and provides satisfactory evidence to Council of such,
the employee shall be granted two days leave with pay upon application. Persons
in respect of whom bereavement leave may be claimed shall include:
(a) a spouse of the
employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, foster child or an ex
nuptial child), parent (including a foster parent, step parent and legal
guardian), parents of spouse, grandparent, grandchild or sibling (including
half, foster and step sibling) of the employee or spouse or de facto spouse of
the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(1) 'relative' means
a person related by blood, marriage or affinity;
(2) 'affinity' means
a relationship that one spouse because of marriage has to blood relatives of
the other; and
(3) 'household'
means a family group living in the same domestic dwelling.
24.2 Bereavement
Entitlements for Casual Employees
(a) Casual employees
who are rostered to work shall provide satisfactory evidence to Council that
they are unavailable to attend work as a result of the death in Australia of a
person prescribed in subclause 24.1 paragraphs (a)-(e) above.
(b) Council and the
employee shall agree on the period for which the employee will be entitled to
not be available to attend work. The
casual employee is not entitled to any payment for the period of
non-attendance.
(c) Council must not
fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of Council to engage or
not engage a casual employee are otherwise not affected.
24.3 Representation
at Funeral
(a) Council shall
permit two employees selected by the Union of which the deceased was a member
to attend an employee’s funeral and the two employees shall be entitled to
receive payment for reasonable time lost in attending the funeral.
24.4 Employees on a
period of annual leave, who would have otherwise qualified for bereavement
leave prescribed by this Award, shall be paid bereavement leave in accordance
with Clause 24 of this Award and have up to a maximum of two days annual leave
re-credited to their accruals.
24.5 In the event that
an employee finds it necessary to travel a distance exceeding 200 kilometres
from Broken Hill to attend the funeral of person prescribed in subclause 24.1
paragraphs (a)-(e) above, then the two days paid leave provided by sub-clause
24.1 shall be increased to three days.
24.6 Upon receipt of
an application by an employee to attend the funeral of a person who is not a
person prescribed in sub-clause 24.1 paragraphs (a)-(e) above, Council shall
grant two (2) hours leave without pay to the employee to attend the funeral,
provided that the leave granted shall commence and terminate at the site of the
job upon which the employee is employed.
25. Parental Leave
25.1 These provisions
shall apply in addition to Part 4, Parental Leave, of the Industrial
Relations Act 1996 (NSW).
25.2 Right to request
(a) An employee,
other than a casual, entitled to parental leave may request Council to allow
the employee to return to work from a period of parental leave on a part-time
basis, until the child reaches school age, to assist the employee in
reconciling work and parental responsibilities.
(b) An employee
entitled to parental leave may request Council to allow the employee:
(1) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(2) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
to assist the employee in reconciling work and parental
responsibilities.
(c) Council shall
consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the council’s business. Such grounds may include
cost, lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
(d) The employee’s
request and Council’s decision made under sub-clauses 25.2(a) and 25.2(b) above
must be recorded in writing.
(e) Where an
employee wishes to make a request under sub-clause 25.2(a) above, such a
request must be made as soon as possible, but no less than seven weeks prior,
to the date upon which the employee is due to return to work from parental
leave.
25.3 Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, Council shall take reasonable
steps to:
(1) make information
available in relation to any significant effect the change will have on the
status or responsibility level of the position the employee held before
commencing parental leave; and
(2) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform Council about any significant matter that
will affect the employee’s decision regarding the duration of parental leave to
be taken, whether the employee intends to return to work and whether the
employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify Council of changes of address or other contact details which
might affect the council’s capacity to comply with sub-clause 25.3(a) above.
25.4 Council must not
fail to re-engage a regular casual employee as defined in section 53(2) of the Industrial
Relations Act 1996 (NSW) because:
(a) the employee or
employee's spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of Council in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this sub-clause.
26. Paid Maternity
Leave
26.1 This clause
applies to all full time and part time female employees who have had 12 months
continuous service with council immediately prior to the commencement of
maternity leave or special maternity leave and to female casual employees who
have worked on a regular and systematic basis with council for at least 12
months prior to the commencement of maternity leave or special maternity leave.
26.2 Paid maternity
leave shall mean leave taken by a female employee in connection with the
pregnancy or the birth of a child of the employee. Paid maternity leave
consists of an unbroken period of leave.
26.3 Paid special
maternity leave shall mean leave taken by an employee where the pregnancy of
the employee terminates before the expected date of birth (other than by the birth
of a living child), or where she suffers illness related to her pregnancy, and
she is not then on paid maternity leave; provided that a medical practitioner
certifies such leave to be necessary before her return to work.
26.4 An employee shall
be entitled to a total of 9 weeks paid maternity leave or special maternity
leave on full pay; or 18 weeks maternity leave or special maternity leave on
half pay; or maternity leave or special maternity leave on a combination of
full pay or half pay provided the leave does not exceed the equivalent of 9
weeks on full pay.
26.5 The employee may
choose to commence paid maternity leave before the expected date of the birth.
26.6 Annual leave,
long service leave, unpaid maternity leave and any accumulated time in lieu may
be taken in conjunction with paid maternity leave and special maternity leave,
subject to council approval, provided that the total period of leave does not
exceed 104 weeks.
26.7 Employees may
take periods of annual leave and long service leave during unpaid maternity
leave at half pay, provided the total period of all leave does not exceed 104
weeks.
26.8 The period of
paid maternity leave and special maternity leave is taken into account in
calculating the employee's long service, annual and sick leave accruals.
26.9 Where an employee
has completed ten years continuous service, the period of unpaid maternity or
adoption leave shall count as service for long service leave purposes, provided
that the unpaid maternity or adoption leave does not exceed six months. For employees with less than ten years
continuous service periods of unpaid maternity or adoption leave do not count
as service for long service leave purposes.
26.10 Paid maternity
leave may not be extended beyond the first anniversary of the child's birth.
26.11 Payment for
maternity leave and special maternity leave is at the ordinary rate applicable
prior to the commencement of the leave period.
Employees working as permanent part time employees will be paid at their
ordinary part time rate of pay calculated on the regular number of hours
worked. A casual employee's rate of pay
will be calculated by averaging the employee's weekly wage in the 12 months
immediately prior to the employee commencing paid maternity leave or special
maternity leave.
26.12 Paid maternity
leave and paid special maternity leave shall be exclusive of public holidays.
Where a public holiday falls during a period where the employee has taken
either paid maternity leave or annual or long service leave on half pay, the
public holiday shall also be paid at half pay. Further, all entitlements shall
accrue during periods of leave at half pay on a proportionate basis.
26.13 Notice of
intention to take paid maternity leave the employee must:
provide council with certification of the expected date
of confinement at least 10 weeks before the child is due. This is known as the first notice.
advise council in writing of her intention to take paid
maternity leave and the proposed start date at least 4 weeks prior to that
date. This is known as the second
notice.
provide a signed statutory declaration that the
employee will be the primary care giver to the child and that the paid
maternity leave will not be taken in conjunction with any partner accessing
paid parental leave entitlements.
26.14 The employee will
not engage in any other form of paid work during the period of paid maternity
leave without the approval of the general manager.
26.15 Subject to an
application by the council and further order of the Industrial Relations
Commission of New South Wales, a council may pay a lesser amount (or no amount)
of maternity leave or special maternity leave than that contained in this
clause where council can demonstrate economic hardship.
26.16 Paid adoption
leave
(a) This subclause
applies to all full time and part time female employees who have had 12 months
continuous service with Council immediately prior to the commencement of
adoption leave and to female casual employees who have worked on a regular and
systematic basis with Council for at least 12 months prior to the commencement
of adoption leave.
(b) An employee
entitled to paid adoption leave is entitled to three weeks paid leave from and
including the date the employee and his or her spouse takes custody of their
child.
(c) Paid adoption
leave may be paid:
(i) on a normal
fortnightly basis or in advance in a lump sum;
(ii) at the rate of
half pay over a period of six (6) weeks on a regular fortnightly basis;
(iii) Annual leave
and/or long service leave may be combined with periods of adoption leave on
half pay to enable an employee to remain on full pay for that period.
26.17 Unpaid adoption
leave
(a) An employee who
qualifies for paid adoption leave pursuant to the provisions of sub-clause
26.15 is entitled to unpaid adoption leave as follows:
(i) where the child
is under the age of 12 months - a period of not more than 12 months from the
date of taking custody;
(ii) where the
child is over the age of 12 months - a period of up to 12 months, such period however
is to be agreed upon by the employee and the Council.
27. Supporting Parent
Leave
An employee who is a supporting parent shall be
entitled to up to 5 days paid leave at ordinary pay taken from their accrued
sick leave balance at the time their partner gives birth to a child or at the
time the employee adopts a child provided that the employee has had 12 months
continuous service with council immediately prior to the commencement of their
supporting parent leave.
28. Leave Without Pay
If an employee has exhausted all available relevant
leave entitlements then approved leave without pay shall be taken at a time
convenient to Council and the employee and shall not be counted as service for
holidays, long service leave, sick leave and annual leave. However, leave
without pay shall not break continuity of service.
29. Flexibility for
Work and Family Responsibilities
29.1 An employee,
other than a casual employee, may request flexible work and leave arrangements
to enable the individual employee to attend to work and family
responsibilities.
29.2 An employee’s
request must be in writing and be forwarded to Council and the Union. In addition the request must outline a
period within which the arrangement is to be reviewed by Council and the Union.
29.3 Council and the
Union shall not unreasonably withhold agreement to flexible work and leave
arrangements, provided Council’s operational needs are met.
29.4 Flexible work and
leave arrangements include but are not limited to:
(a) make up time;
(b) flexi time;
(c) time in lieu;
(d) leave without
pay;
(e) annual leave;
(f) part-time work;
(g) job share
arrangements, and
(h) variations to
ordinary hours and rosters.
29.5 The terms of a
flexible work and leave arrangement shall be in writing and may be varied from
time to time, by agreement, to suit the specific needs of either party.
29.6 Any such
agreement shall not apply to new or vacant positions.
30. Public Holidays
30.1 Employees shall
have holidays without loss of pay on New Years’ Day; Australia Day; Good
Friday; Easter Saturday; Easter Monday; Anzac Day; Queen’s Birthday; Labour
Day; Christmas Day; Boxing Day and Picnic Day (which will be held on Melbourne
Cup day each year).
30.2 In addition to
the days provided for in sub-clause 30.1 above employees who are Aboriginal and
Torres Straight Islanders shall be entitled to one day during NAIDOC week so
that they can participate in National Aboriginal and Islander Day celebrations.
30.3 Payment for work
that is rostered in advance on a public holiday shall be paid at double time in
addition to ordinary rates
30.4 If a holiday
falls on an employee’s rostered day off under a seven day rotating roster, the
employee shall be paid an additional ordinary day’s pay, or Council may grant a
day’s leave, without loss of pay, at a mutually convenient time.
30.5 Any employee who
is called in to work on a public holiday or on Easter Saturday shall be paid a
minimum of four (4) hours at the rate of double time and a half, exclusive of
payment for the public holiday.
30.6 An employee
attending a Technical College as an approved student on a public holiday,
picnic day or NAIDOC day shall receive a day in lieu.
30.7 When any of the
holidays identified in sub-clause 30.1 fall on a Saturday or Sunday and the
State Government does not gazette another day, the holiday shall be taken on
the following Monday.
31. Trade Union
Training Leave
Council shall agree to release employees to attend an
accredited trade union training course with pay and such agreement shall not be
unreasonably withheld, provided that Council will not be required to pay in
excess of 10 days leave per annum.
32. Trade Union
Conference Leave
An employee of Council who is an accredited delegate to
the Union’s annual conference shall be entitled to paid leave of absence for
the duration of the conference and related travel, provided that should there
be more than one accredited delegate per union, such leave with pay is at the
discretion of Council.
33. Jury Service
Leave
33.1 An employee
required to attend for jury service during the employee's ordinary working
hours shall be reimbursed by the Council an amount equal to the difference
between the amount in respect of the employee's attendance for such jury
service and the amount of wage the employee would have received in respect of
the ordinary time the employee would have worked had the employee not been on
jury service.
33.2 An employee shall
notify the Council as soon as possible of the date upon which the employee is
required to attend for jury service. Further the employee shall give council
proof of attendance, the duration of such attendance and the amount received in
respect of such jury service.
34. Army Reserve
Training
Where an employee as a consequence of a written application
approved by the Council loses time as a result of attending the annual camp of
the Army Reserve the employer shall make up the difference between the payment
receivable from the Department of Defence and their wages.
PART 5
CONSULTATIVE COMMITTEE
35. Consultative
Committee Aim
35.1 The parties to
the award are committed to consultative and participative processes. There
shall be a consultative committee at Council which shall:
(a) provide a forum
for consultation between Council and its employees;
(b) positively
co-operate in workplace reform to enhance the efficiency and productivity of
Council and to provide employees with access to career opportunities and more
fulfilling, varied and better paid work.
SIZE AND COMPOSITION
35.2 The size and
composition of the consultative committee shall be representative of Council’s
workforce and agreed to by Council and the local representatives from the
unions.
35.3 The consultative
committee shall include but not be limited to employee representatives of each
of the unions that are parties to the Consent Award and who have members
employed at Council.
35.4 Officers of the
union(s) or Association(s) may attend and provide input to meetings of the
consultative committee, at the invitation of the consultative committee or
their respective members.
SCOPE OF CONSULTATIVE
COMMITTEES
35.5 The functions of
the consultative committee shall include:
(a) award
implementation
(b) training
(c) consultation
with regard to organisation restructure
(d) job redesign
(e) salary systems
(f) communication
and education mechanisms
(g) performance
management systems
(h) changes to
variable working hours arrangements for new or vacant positions
(i) local
government reform.
35.6 The consultative
committee shall not consider matters which are being or should be processed in
accordance with clause 36 of the Award, Dispute Resolution Procedure.
MEETINGS AND SUPPORT SERVICES
35.7 The consultative
committee will make recommendations based upon consensus. Where there is no
consensus on a particular item, the recommendation to council should note the
dissenting views.
35.8 The consultative
committee shall meet as required.
PART 6
DISPUTE RESOLUTION
36. Dispute
Resolution Procedure
36.1 At any stage of
the procedure, the employee(s) may be represented by their union or its local
representative/delegate and the Council represented by the Association.
36.2 The union
delegate shall have reasonable time, without loss of pay, to discuss a
grievance or dispute with management at the local level where prior approval is
sought. Such approval shall not be unreasonably withheld.
36.3 A grievance or
dispute shall be dealt with as follows:
(a) The employee(s)
shall notify the supervisor, or other authorised officers of any grievance or
dispute and the remedy sought, in writing.
(b) A meeting shall
be held between the employee(s) and the supervisor to discuss the grievance or
dispute and the remedy sought within two working days of notification.
(c) If the matter
remains unresolved, the employee(s) may request the matter be referred to the
head of the department or other authorised officer for discussion. A further
meeting between all parties shall be held as soon as practicable.
(d) If the matter
remains unresolved the general manager shall provide the employee(s) with a
written response. The response shall include the reasons for not implementing
any proposed remedy.
(e) Where the matter
remains unresolved, it may be referred to the employee's union or
representative and by the general manger or other authorised officer to the
Association for further discussion between the parties.
(f) If a dispute
arises steps shall be taken immediately to arrange a conference between Council
and the Union or Unions concerned and the Barrier Industrial Council if
necessary. No further action on the
matter shall be taken until the conference has been held and at least two
ordinary working days have elapsed subsequent to the holding of such a conference.
36.4 The Industrial
Registrar may be advised of the existence of a dispute at any stage of this
procedure.
36.5 During this
procedure and while the matter is in the course of negotiation, conciliation
and/or arbitration, the work practices existing prior to the dispute shall as
far as practicable proceed as normal.
PART 7
TERMINATION OF EMPLOYMENT AND REDUNDANCY
37. Termination of
Employment
37.1 An employee shall
give two (2) weeks notice of intention to terminate employment, or a shorter
period of notice agreed in special circumstances.
37.2 Council shall
give a period of notice of intention to terminate employment in accordance with
the following scale or by payment in lieu thereof:
LENGTH OF SERVICE
|
PERIOD OF NOTICE
|
Less than 2 years
|
2 weeks
|
2 years and less than 3 years
|
3 weeks
|
3 years and less than 5 years
|
4 weeks
|
5 years and beyond
|
5 weeks
|
37.3 The period of
notice in the table in sub-clause 37.2 must be increased by one (1) week if the
employee is over forty five (45) years old and has completed at least two (2)
years of continuous service with Council.
37.4 In cases of
serious misconduct, Council may summarily dismiss an employee following a
proper investigation and provided the employee is afforded procedural
fairness. Where an employee is
summarily dismissed clauses 37.2 and 38.14 shall not apply.
37.5 Except where
otherwise provided, the above requirements do not apply when Clause 38
Redundancy applies.
38. Redundancy
38.1 Aged and
community care employees employed by Council prior to 16 March 2010 shall have
their redundancy entitlements as of 16 March 2010 frozen. In this instance a reference to a redundancy
entitlement is a reference to the entitlement that the employee would have had
had the employee’s employment been terminated by way of a redundancy on 16 March
2010.
38.2 As of 16 March
2010 should the need arise to calculate the redundancy entitlements of aged and
community care employees this will be done by referring to the entitlement
identified at clause 38.1 above that being the entitlement as of 16 March 2010
in addition to any further entitlements accrued from 16 March 2010 to the date
of the proposed termination in accordance with the table at sub-clause 38.15.
38.3 It is agreed that
the inclusion of this clause in the Award does nothing whatsoever to vary or
influence the understanding that the strongest endeavours of the Council, the
Barrier Industrial Council and/or Affiliates and the employees affected will be
directed to ensuring that all employees are placed in alternative permanent
employment and that the implementation of this clause shall not in any manner
be used to influence or encourage any employee to terminate employment before
every practical effort has been made by all parties to have an employee who may
otherwise be deemed redundant, placed in an alternative job.
38.4 A "redundant
employee" means a person who is employed on a permanent basis by Broken
Hill City Council whose services will become redundant on account of the
introduction or proposed introduction by the Council of mechanisation or
technological changes or the reorganisation of the Council’s structure, systems
or methods of operation and when the Council concludes that in co-operation
with the Unions and the employee it has been unsuccessful in providing
alternative employment.
This definition shall not apply to any person engaged
by the Council on a temporary, casual or short term basis or to any person
engaged to work on special employment projects such as government funded
unemployment relief programmes or the like.
38.5 In every case
potentially redundant employees shall be retrained to fill permanent position
which are available or about to become available in the Council’s work forces
in any of the Council’s various departments.
38.6 The Council shall
retrain the employee for a reasonable period, at all times receiving the
earnest co-operation of the employee in acquiring the new skills intended to be
achieved by the training.
38.7 Whenever
practicable and in accordance with normal practice the necessary retraining
shall be carried out by the Council in its time and at its expense. If the Council considers that "in
house" training should be supplemented by training at an outside
institution (e.g., the Broken Hill Technical College), all reasonable costs of
such additional training shall be met by the employer. If the training at the outside institution
is available in "out of normal work hours" the employee shall be
required to attend that training in their own time without additional payment
of time off in lieu. The costs of
training shall in such circumstances be met by the Council.
38.8 In the event of a
potentially redundant employee transferring to new duties for which there is
prescribed a rate of pay higher than that previously paid to them, such rate of
pay shall apply from the date of that employee’s transfer.
38.9 In the event of a
potentially redundant employee transferring to new duties for which there is
prescribed a rate of pay lower than that previously paid to them, such lower
rate shall not apply until 13 weeks after the date of the employee’s transfer.
38.10 Shift allowances
shall not be taken into account when comparing the rates of pay for the
purposes of sub-clause 38.8 and 38.9.
38.11 Having regard to
the intention of all parties that no person shall become redundant, if it is
not possible to retrain a potentially redundant employee to new duties, an
employee shall become redundant and the Council shall give such employee four
(4) weeks’ notice of the termination of their employment.
38.12 If the Council
fails to give any such notice in full:
it shall pay the employee at the ordinary rate of pay
applicable to them for a period equal to the difference between the full period
of notice and the period of notice actually given; and
the period of notice required by this sub-clause to be
given shall be deemed to be service with the Council for the purposes of
calculating long service leave and annual leave entitlements (but not sick
leave).
38.13 Council may
summarily dismiss an employee without notice for neglect of duty or misconduct
in which case wages shall be paid up to the time of dismissal only. The rights of the Council shall not be
prejudiced by the fact that the employee has been given notice of the
termination of their employment pursuant to sub-clause 38.10.
In the event of dispute arising over the Council’s
action with regard to summary dismissal, the Barrier Industrial Council and/or
an affiliate of the Barrier Industrial Council shall on submission of a request
to that effect in writing be entitled to seek a meeting with the Council at the
earliest practicable date to discuss the matter.
38.14 This sub-clause
shall apply to redundant employees as defined in sub-clause 38.3. Nothing contained in this clause shall be
construed to mean that the Council shall not be entitled to dismiss an employee
in the ordinary course of its business without being required to give the
notice mentioned in sub-clause 38.10 and 38.11, or to make the severance
payments mentioned in sub-clause 38,14.
38.15 A redundant
employee shall be entitled to severance allowances calculated as follows:
All such redundant employees shall receive a minimum of
six weeks’ pay.
All such redundant employees shall receive an
additional payment at the rate of three (3) weeks’ pay for each completed year
of service, plus a pro-rata payment for each additional completed month of
service. The number of weeks pay due to any such redundant employee in respect
of completed years of service shall be:
Completed Year of
|
Scale of Payments
|
Completed Year of
|
Scale of Payments
|
Service
|
(Weeks)
|
Service
|
(Weeks)
|
1
|
9
|
26
|
84
|
2
|
12
|
27
|
87
|
3
|
15
|
28
|
90
|
4
|
18
|
29
|
93
|
5
|
21
|
30
|
96
|
6
|
24
|
31
|
99
|
7
|
27
|
32
|
102
|
8
|
30
|
33
|
105
|
9
|
33
|
34
|
108
|
10
|
36
|
35
|
111
|
11
|
39
|
36
|
114
|
12
|
42
|
37
|
117
|
13
|
45
|
38
|
120
|
14
|
48
|
39
|
123
|
15
|
51
|
40
|
126
|
16
|
54
|
41
|
129
|
17
|
57
|
42
|
132
|
18
|
60
|
43
|
135
|
19
|
63
|
44
|
138
|
20
|
66
|
45
|
141
|
21
|
69
|
46
|
144
|
22
|
72
|
47
|
147
|
23
|
75
|
48
|
150
|
24
|
78
|
49
|
153
|
25
|
79
|
50
|
156
|
38.16 For the purposes
of this sub-clause "a week’s pay" shall be deemed to be the week’s
pay presently used as the basis for calculation of annual leave entitlements.
38.17 All such
redundant employees shall be paid the value of their accrued sick leave
calculated in accordance with the terms of this Award together with the value
of all payments legally due to them in respect of annual leave and/or long
service leave entitlements.
38.18 Whenever a
redundant employee whose services have been terminated shall be re-employed by
the Council, the period of their employment shall thereafter be deemed for all
purposes to have commenced on the date of their re-employment.
38.19 A redundant
employee who is a contributor to the Local Government Superannuation Scheme may
anticipate Council’s assistance in completing documentation for submission to
the Local Government Superannuation Board.
39. Redundancy -
Application, Process and Consultation Provisions
39.1 Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year’s continuous service and the general
obligation on Council shall be not more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
39.2 Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees or employees engaged for a specific period of time or
for a specified task or tasks or where employment is terminated due to the
ordinary and customary turnover of labour.
39.3 Where Council has
made a definite decision to introduce changes in production, program,
organisation, structure or technology that are likely to have significant
effects on employees, Council shall notify the employees who may be affected by
the proposed changes and the union to which they belong.
39.4 Council's duty to
discuss change-
(i) Council shall
discuss with the employees affected and the union to which they belong, inter
alia, the introduction of the changes, the effects the changes are likely to
have on employees and measures to avert or mitigate the adverse effects of such
changes on employees, and shall give prompt consideration to matters raised by
the employees and/or the union in relation to the changes.
(ii) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes.
(iii) For the
purpose of such discussion, Council shall provide to the employees concerned
and the union to which they belong all relevant information about the changes
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees, provided
that Council shall not be required to disclose confidential information the
disclosure of which would adversely affect Council.
39.5 Council shall,
upon receipt of a request from an employee whose employment has been
terminated, provided to the employee a written statement specifying the period
of the employee's employment and the classification of or the type of work
performed by the employee.
39.6 Where a decision
has been made to terminate the employment of 15 or more employees, Council
shall notify Centrelink as soon as possible giving the relevant information
including the number and categories of the employees likely to be affected and
the period over which the terminations are intended to be carried out. Council shall, upon receipt of a request
from an employee whose employment has been terminated, provide to the employee
an "Employment Separation Certificate" in the form required by
Centrelink.
39.7 Where an employee
is transferred to lower paid duties as a result of the introduction of changes
in production, program, organisation, structure or technology, the employee
shall be entitled to the same period of notice of transfer as the employee
would have been entitled to if the employee’s employment had been terminated,
and Council may at its own discretion make payment in lieu thereof, an amount
equal to the difference between the former ordinary time rate of pay and the
new ordinary time rate for the number of weeks of notice still owing.
39.8 Subject to an
application by Council and further order of the Industrial Relations
Commission, Council may pay a lesser amount (or no amount) of severance pay
than that contained in sub-clause 38.15.
The Industrial Relations Commission shall have regard to such financial
and other resources of Council as the Commission thinks relevant, and the
probable effect paying the amount of severance pay in sub-clause 38.15 will
have on Council.
39.9 Subject to an
application by Council and further order of the Industrial Relations
Commission, Council may pay a lesser amount (or no amount) of severance pay
than that contained in sub-clause 38.15 if Council obtains acceptable alternative
employment for an employee.
PART 8
MISCELLANEOUS
40. Occupational Health
and Safety
40.1 Council shall
provide a safe place of work and work practices in accordance with the
provisions of the Occupational Health and Safety Act 2000 (NSW).
40.2 Council shall
make appropriate provision for employees with regard to accommodation and
shelter and shall satisfy the provisions of the Occupational Health and Safety
Act and Regulations
40.3 Council shall
supply employees with protective clothing and equipment suitable to the nature
of the work performed and the work environment and that shall satisfy the
relevant legislation. Safety footwear
and leather boot laces shall be replaced by Council on a sharp for blunt basis.
40.4 All new graders,
loaders, backhoes, trucks and rollers shall be fitted with air conditioning
where practicable.
40.5 Vehicles and
plant used in the collection, transportation and disposal of waste, tar
patching, patrol grading or like duties shall be of high visibility and fitted
with a flashing light or a light visible from all points around the vehicle.
40.6 Council shall
provide oil or other suitable solvents to employees for the removal of
creosote, tar, bitumen emulsions or similar preparations.
40.7 Where any acidic
or caustic products are used by employees, adequate facilities shall be
provided to enable them to wash any affected areas and an adequate quantity of
barrier cream shall be provided.
40.8 Employees shall
be supplied cool drinking water throughout the day.
40.9 No employee shall
be required to work alone outside of built-up areas without all available
communications to allow continuous contact in all conditions.
40.10 Where an employee
during the course of work, sustains damage to clothing by fire, molten metal,
tar or any corrosive substances which is not attributable to the employee's
negligence, the employee shall be compensated by Council to an agreed amount.
41. Labour Hire and
Contract Businesses
41.1 For the purposes
of this subclause, the following definitions shall apply:
(a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to a
council for the purpose of such staff performing work or services for that
other council.
(a) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by a council to provide a
specified service or services or to produce a specific outcome or result for
that council which might otherwise have been carried out by that council’s own
employees.
41.2 If Council
engages a labour hire business and/or a contract business to perform work
wholly or partially on Council’s premises then Council shall do the following
(either directly, or through the agency of the labour hire or contract
business):
(a) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(d) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
41.3 Nothing in this
sub-clause of the Award is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and Workers
Compensation Act 1998.
41.4 Where a dispute
arises as to the application or implementation of this clause, the matter shall
be dealt with pursuant to the disputes settlement procedure of this award.
41.5 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
42. Outsourcing
42.1 When considering
contracting our or outsourcing, Council will take into account the following:
(a) Whether there
are insufficient overall resources available to meet the current Council work
commitment and timetable; or
(b) Whether the
failure to complete work in a reasonable time jeopardises the safety of the public
or adversely impacts upon system performance; or
(c) Whether the use
of outsourced or contract work is commercially the most advantageous option
taking into account: the quality, safety, performance, cost and overall
strategic direction of Council.
(d) If after this
process has been conducted a decision to outsource has been made, the
Contractor engaged to perform the work must provide written undertakings to
comply and conform with:
(i) Council’s
safety, environmental and quality standards; and
(ii) all Acts,
Awards and Agreements affecting the employees of the Contractor.
43. Accident Pay
43.1 An employee of
Council shall be entitled to receive accident pay in accordance with this
subclause.
43.2 "Accident
pay" means the difference between the weekly amount of compensation paid
to an employee pursuant to the Worker’s Compensation Act 1987 (NSW) (as
amended from time to time) and the employee’s rate of pay.
43.3 Accident pay
under these provisions shall be payable for a maximum period or an aggregate of
periods that in no case exceed 39 weeks for any incapacity in respect of and
resulting from any one accident suffered by an employee.
43.4 In the event that
an employee receives a lump sum in redemption of weekly payments under the Worker’s
Compensation Act 1987 (NSW), the liability of Council to pay accident pay
shall cease from the date of such redemption.
43.5 Where an employee
recovers damages for an injury from Council for from a third independently of
the provisions of the Worker’s Compensation Act 1987 (NSW) then the employee
shall be liable o repay Council the amount of accident pay which Council has
paid under this clause and the employee shall not be entitled to any further
accident pay thereafter.
43.6 Nothing in this
clause shall in any way be taken as restricting or removing Council’s right
under the Worker’s Compensation Act 1987 (NSW) to require the employee
to submit themselves to examination by a qualified medical practitioner,
provided and paid for by Council. If
the employee refuses to submit themselves to such an examination or in any way
obstructs such an examination, then the employee’s right to receive or continue
to receive accident pay will be suspended until such an examination has taken
place.
43.7 Where a medical
referee or Board gives a certificate as to the condition of an employee and
their fitness for employment or specifies the kind of employment for which they
are fit and Council duly makes available to the employee the kind of employment
falling within the terms of such a certificate and the employee refuses or
fails to resume or perform the proposed employment, then all payments in
accordance with this Award shall cease and terminate from the date of such
refusal or failure to commence such duties.
43.8 An employee who
sustains an accident at work shall complete an injury report as soon as
practicable after the accident. Council
shall give an employee a copy of the injury report when it is completed.
44. Further Education
44.1 Apprentices and
employees deemed to be approved students undertaking trades courses or
certificate courses, part-time diploma or degree courses (including librarians)
shall be allowed time off to attend during working hours. The entitlement to time off is subject to
the following conditions:
(a) That period
which are allowed shall be limited to eight hours per week and shall in no case
exceed the lesson time needed to undertake the subjects set down in the
syllabus for the course studied.
(b) A time sheet
signed by the lecturer or the instructor covering these attendances shall be
produced by the student.
(c) All courses and
awards required for continuing employment and advancement in career paths are
to be paid for by Council upon successful completion.
44.2 On the production
of a letter from the Principal of the institution concerned stating that they
have satisfactorily completed a year’s work in any subject of an approved
course which is appropriate to their work a clerical employee shall be refunded
the fees paid in respect of that year.
44.3 On the production
of a letter from the Principal of the institution concerned stating that they
have satisfactorily completed a year’s work in any subject of an approved
course which is appropriate to their work, and receipts for text books prescribed
for that year’s work, a clerical employee shall be paid the cost of the
prescribed text books or fifty dollars ($50.00), whichever is the lesser
amount.
44.4 One set of the
current S.A.A. Wiring Rules shall be supplied to all electrical technicians.
44.5 Where, with the
approval of Council, an employee undertakes a TAFE College, College of Advanced
Education or University Course by correspondence and it is necessary in order
to qualify under such course to undergo practical training or examination
outside Broken Hill, the Council shall reimburse travelling expenses incurred
which do not exceed the cost of a first class return rail fare.
PART 9
SAVINGS AND TRANSITIONAL
45. Leave Reserved
and No Further Claims
45.1 Leave is reserved
for the parties to this Award to make application to the Industrial Relations
Commission of New South Wales to amend this Award with provisions that
facilitate:
The buy out of paid meal breaks currently afforded to
Wages Employees;
The reduction of overtime at Council; and
The payment for rostered work on a public holiday at
the rates provided for in clause 30 of this Award
The allocation of a public holiday where this falls on
a Saturday or Sunday and the Government does not gazette another day.
Rates of pay for weekend work for community care
employees.
45.2 Except as
otherwise provided in sub-clause 45.1, it is a term of this Award that the
Union undertakes not to pursue any extra claims, Award or over Award, of a
general nature, for the duration of the Award.
PART 10
SCHEDULES
Schedule 1 -
WEEKLY RATES OF PAY AND ALLOWANCES
Table 1 - Weekly
Rates of Pay For Entry Level
Grades
|
Step
|
At 31/10/08
|
ffpp on or after
|
ffpp on or after
|
ffpp on or after
|
|
|
|
1/11/08
|
1/11/09
|
1/11/10
|
1
|
1
|
$701.01
|
$729.05
|
$758.21
|
$788.54
|
|
2
|
$715.09
|
$743.69
|
$773.44
|
$804.38
|
|
3
|
$729.52
|
$758.70
|
$789.05
|
$820.61
|
|
4
|
$744.32
|
$774.09
|
$805.06
|
$837.26
|
|
|
|
|
|
|
2
|
1
|
$721.05
|
$749.89
|
$779.89
|
$811.09
|
|
2
|
$735.61
|
$765.03
|
$795.64
|
$827.46
|
|
3
|
$750.53
|
$780.55
|
$811.77
|
$844.24
|
|
4
|
$765.93
|
$796.57
|
$828.43
|
$861.57
|
|
|
|
|
|
|
3
|
1
|
$740.86
|
$770.49
|
$801.31
|
$833.36
|
|
2
|
$755.90
|
$786.14
|
$817.58
|
$850.28
|
|
3
|
$771.41
|
$802.27
|
$834.36
|
$867.73
|
|
4
|
$787.29
|
$818.78
|
$851.53
|
$885.59
|
|
|
|
|
|
|
4
|
1
|
$760.79
|
$791.22
|
$822.87
|
$855.78
|
|
2
|
$776.43
|
$807.49
|
$839.79
|
$873.38
|
|
3
|
$792.30
|
$823.99
|
$856.95
|
$891.23
|
|
4
|
$808.65
|
$841.00
|
$874.64
|
$909.62
|
|
|
|
|
|
|
5
|
1
|
$783.58
|
$814.92
|
$847.52
|
$881.42
|
|
2
|
$799.69
|
$831.68
|
$864.94
|
$899.54
|
|
3
|
$816.29
|
$848.94
|
$882.90
|
$918.22
|
|
4
|
$833.23
|
$866.56
|
$901.22
|
$937.27
|
6
|
1
|
$806.38
|
$838.64
|
$872.19
|
$907.08
|
|
2
|
$823.08
|
$856.00
|
$890.24
|
$925.85
|
|
3
|
$840.27
|
$873.88
|
$908.84
|
$945.19
|
|
4
|
$858.12
|
$892.44
|
$928.14
|
$965.27
|
|
|
|
|
|
|
7
|
1
|
$829.05
|
$862.21
|
$896.70
|
$932.57
|
|
2
|
$846.36
|
$880.21
|
$915.42
|
$952.04
|
|
3
|
$864.53
|
$899.11
|
$935.08
|
$972.48
|
|
4
|
$883.59
|
$918.93
|
$955.69
|
$993.92
|
|
|
|
|
|
|
8
|
1
|
$857.51
|
$891.81
|
$927.48
|
$964.58
|
|
2
|
$876.23
|
$911.28
|
$947.73
|
$985.64
|
|
3
|
$895.82
|
$931.65
|
$968.92
|
$1,007.68
|
|
4
|
$916.04
|
$952.68
|
$990.79
|
$1,030.42
|
|
|
|
|
|
|
Grades
|
Step
|
At 31/10/08
|
ffpp on or after
|
ffpp on or after
|
ffpp on or
|
|
|
|
|
|
after
|
|
|
|
1/11/08
|
1/11/09
|
1/11/10
|
9
|
1
|
$887.03
|
$922.51
|
$959.41
|
$997.79
|
|
2
|
$907.00
|
$943.28
|
$981.01
|
$1,020.25
|
|
3
|
$927.36
|
$964.45
|
$1,003.03
|
$1,043.15
|
|
4
|
$948.36
|
$986.29
|
$1,025.75
|
$1,066.78
|
|
|
|
|
|
|
10
|
1
|
$917.06
|
$953.74
|
$991.89
|
$1,031.57
|
|
2
|
$937.80
|
$975.31
|
$1,014.32
|
$1,054.90
|
|
3
|
$958.91
|
$997.27
|
$1,037.16
|
$1,078.64
|
|
4
|
$980.66
|
$1,019.89
|
$1,060.68
|
$1,103.11
|
|
|
|
|
|
|
11
|
1
|
$967.18
|
$1,005.87
|
$1,046.10
|
$1,087.94
|
|
2
|
$989.07
|
$1,028.63
|
$1,069.78
|
$1,112.57
|
|
3
|
$1,011.58
|
$1,052.04
|
$1,094.12
|
$1,137.89
|
|
4
|
$1,034.61
|
$1,075.99
|
$1,119.03
|
$1,163.80
|
|
|
|
|
|
|
12
|
1
|
$1,017.31
|
$1,058.00
|
$1,100.32
|
$1,144.33
|
|
2
|
$1,040.46
|
$1,082.08
|
$1,125.36
|
$1,170.38
|
|
3
|
$1,064.25
|
$1,106.82
|
$1,151.09
|
$1,197.14
|
|
4
|
$1,088.55
|
$1,132.09
|
$1,177.38
|
$1,224.47
|
|
|
|
|
|
|
13
|
1
|
$1,067.43
|
$1,110.13
|
$1,154.54
|
$1,200.72
|
|
2
|
$1,091.85
|
$1,135.52
|
$1,180.94
|
$1,228.18
|
|
3
|
$1,116.91
|
$1,161.59
|
$1,208.05
|
$1,256.37
|
|
4
|
$1,142.62
|
$1,188.32
|
$1,235.86
|
$1,285.29
|
|
|
|
|
|
|
14
|
1
|
$1,119.61
|
$1,164.39
|
$1,210.97
|
$1,259.41
|
|
2
|
$1,143.26
|
$1,188.99
|
$1,236.55
|
$1,286.01
|
|
3
|
$1,169.59
|
$1,216.37
|
$1,265.03
|
$1,315.63
|
|
4
|
$1,196.56
|
$1,244.42
|
$1,294.20
|
$1,345.97
|
|
|
|
|
|
|
15
|
1
|
$1,167.68
|
$1,214.39
|
$1,262.97
|
$1,313.49
|
|
2
|
$1,194.65
|
$1,242.44
|
$1,292.13
|
$1,343.82
|
|
3
|
$1,222.26
|
$1,271.15
|
$1,322.00
|
$1,374.88
|
|
4
|
$1,250.50
|
$1,300.52
|
$1,352.54
|
$1,406.64
|
|
|
|
|
|
|
16
|
1
|
$1,217.68
|
$1,266.39
|
$1,317.05
|
$1,369.73
|
|
2
|
$1,245.92
|
$1,295.76
|
$1,347.59
|
$1,401.49
|
|
3
|
$1,274.80
|
$1,325.79
|
$1,378.82
|
$1,433.98
|
|
4
|
$1,304.43
|
$1,356.61
|
$1,410.87
|
$1,467.31
|
17
|
1
|
$1,292.87
|
$1,344.58
|
$1,398.36
|
$1,454.29
|
|
2
|
$1,322.89
|
$1,375.81
|
$1,430.84
|
$1,488.07
|
|
3
|
$1,353.81
|
$1,407.96
|
$1,464.28
|
$1,522.85
|
|
4
|
$1,385.35
|
$1,440.76
|
$1,498.39
|
$1,558.33
|
|
|
|
|
|
|
18
|
1
|
$1,368.05
|
$1,422.77
|
$1,479.68
|
$1,538.87
|
|
2
|
$1,399.99
|
$1,455.99
|
$1,514.23
|
$1,574.80
|
|
3
|
$1,432.80
|
$1,490.11
|
$1,549.72
|
$1,611.71
|
|
4
|
$1,466.26
|
$1,524.91
|
$1,585.91
|
$1,649.34
|
|
|
|
|
|
|
19
|
1
|
$1,443.36
|
$1,501.09
|
$1,561.13
|
$1,623.58
|
|
2
|
$1,477.21
|
$1,536.30
|
$1,597.75
|
$1,661.66
|
|
3
|
$1,511.80
|
$1,572.27
|
$1,635.16
|
$1,700.57
|
|
4
|
$1,547.43
|
$1,609.33
|
$1,673.70
|
$1,740.65
|
|
|
|
|
|
|
20
|
1
|
$1,518.42
|
$1,579.16
|
$1,642.33
|
$1,708.02
|
|
2
|
$1,554.17
|
$1,616.34
|
$1,680.99
|
$1,748.23
|
|
3
|
$1,590.69
|
$1,654.32
|
$1,720.49
|
$1,789.31
|
|
4
|
$1,628.22
|
$1,693.35
|
$1,761.08
|
$1,831.53
|
|
|
|
|
|
|
21
|
1
|
$1,593.61
|
$1,657.35
|
$1,723.64
|
$1,792.59
|
|
2
|
$1,631.14
|
$1,696.39
|
$1,764.24
|
$1,834.81
|
|
3
|
$1,669.69
|
$1,736.48
|
$1,805.94
|
$1,878.17
|
|
4
|
$1,709.26
|
$1,777.63
|
$1,848.74
|
$1,922.69
|
|
|
|
|
|
|
22
|
1
|
$1,668.79
|
$1,735.54
|
$1,804.96
|
$1,877.16
|
|
2
|
$1,708.23
|
$1,776.56
|
$1,847.62
|
$1,921.53
|
|
3
|
$1,748.69
|
$1,818.64
|
$1,891.38
|
$1,967.04
|
|
4
|
$1,790.16
|
$1,861.77
|
$1,936.24
|
$2,013.69
|
|
|
|
|
|
|
23
|
1
|
$2,044.60
|
$2,126.38
|
$2,211.44
|
$2,299.90
|
|
2
|
$2,093.46
|
$2,177.20
|
$2,264.29
|
$2,354.86
|
|
3
|
$2,143.58
|
$2,229.32
|
$2,318.50
|
$2,411.24
|
|
4
|
$2,194.85
|
$2,282.64
|
$2,373.95
|
$2,468.91
|
|
|
|
|
|
|
24
|
1
|
$2,420.16
|
$2,516.97
|
$2,617.65
|
$2,722.36
|
|
2
|
$2,478.43
|
$2,577.57
|
$2,680.67
|
$2,787.90
|
|
3
|
$2,538.09
|
$2,639.61
|
$2,745.20
|
$2,855.01
|
|
4
|
$2,599.28
|
$2,703.25
|
$2,811.38
|
$2,923.84
|
|
|
|
|
|
|
Tradesmen
|
At
|
ffpp on or after
|
ffpp on or after
|
ffpp on or after
|
|
31/10/08
|
1/11/08
|
1/11/09
|
1/11/10
|
Leading Hand Technician
|
$1053.29
|
$1095.42
|
$1139.24
|
$1184.81
|
Technician
|
$997.84
|
$1037.75
|
$1079.26
|
$1122.43
|
Note: The Tradesmen
rates will cease to apply once the relevant employees are placed within the
salary system. Existing employees paid
the above Tradesmen rates shall be regraded into the new Salary System at which
date their rates of pay shall be not less than their current rate of pay, i.e.
Personal Occupant Only (POO).
Table 2 - Weekly
Rates of Pay For Apprentices
|
At 31/10/08
|
ffpp on or after
|
ffpp on or after
|
ffpp on or
|
|
|
1/11/08
|
1/11/09
|
after
|
|
|
|
|
1/11/10
|
Electrical Fitters - Year 1
|
601.26
|
625.31
|
650.32
|
676.34
|
Year 2/HSC Year 1
|
687.34
|
714.83
|
743.43
|
773.16
|
Year 3/HSC Year 2
|
773.29
|
804.22
|
836.39
|
869.85
|
Year 4/HSC Year 3
|
859.72
|
894.11
|
929.87
|
967.07
|
HSC Year 4
|
951.43
|
989.49
|
1029.07
|
1070.23
|
Plumbers - Year 1
|
598.11
|
622.03
|
646.92
|
672.79
|
Year 2/HSC Year 1
|
683.50
|
710.84
|
739.27
|
768.84
|
Year 3/HSC Year 2
|
768.75
|
799.50
|
831.48
|
864.74
|
Year 4/HSC Year 3
|
854.34
|
888.51
|
924.05
|
961.02
|
HSC Year 4
|
944.83
|
982.62
|
1021.93
|
1062.81
|
Carpenters - Year 1
|
598.11
|
622.03
|
646.92
|
672.79
|
Year 2/HSC Year 1
|
683.50
|
710.84
|
739.27
|
768.84
|
Year 3/HSC Year 2
|
768.75
|
799.50
|
831.48
|
864.74
|
Year 4/HSC Year 3
|
854.34
|
888.51
|
924.05
|
961.02
|
HSC Year 4
|
944.83
|
982.62
|
1021.93
|
1062.81
|
Motor Mechanics - Year 1
|
598.52
|
622.46
|
647.36
|
673.25
|
Year 2/HSC Year 1
|
683.90
|
711.26
|
739.71
|
769.29
|
Year 3/HSC Year 2
|
769.30
|
800.07
|
832.07
|
865.36
|
Year 4/HSC Year 3
|
854.91
|
889.11
|
924.67
|
961.66
|
HSC Year 4
|
945.60
|
983.42
|
1022.76
|
1063.67
|
Gardeners - Year 1
|
512.59
|
533.09
|
554.42
|
576.59
|
Year 2/HSC Year 1
|
583.63
|
606.98
|
631.25
|
656.50
|
Year 3/HSC Year 2
|
654.66
|
680.85
|
708.08
|
736.40
|
Year 4/HSC Year 3
|
725.70
|
754.73
|
784.92
|
816.31
|
HSC Year 4
|
796.73
|
828.60
|
861.74
|
896.21
|
Table 3 -
Traineeship Wage Rates
|
At
|
ffpp on or after
|
ffpp on or after
|
ffpp on or after
|
|
31/10/08
|
1/11/08
|
1/11/09
|
1/11/10
|
|
$
|
$
|
$
|
$
|
Year 1
|
622.00
|
646.88
|
672.76
|
699.67
|
Year 2
|
689.43
|
717.01
|
745.69
|
775.51
|
Year 3
|
731.91
|
761.19
|
791.63
|
823.30
|
Year 4
|
760.31
|
790.72
|
822.35
|
855.25
|
Year 5
|
789.31
|
820.88
|
853.72
|
887.87
|
Year 6
|
818.31
|
851.04
|
885.08
|
920.49
|
Year 7
|
847.67
|
881.58
|
916.84
|
953.51
|
Schedule 2 -
ALLOWANCES
ALLOWANCES
|
ffpp on or after
|
ffpp on or after
|
ffpp on or after
|
|
1/11/08
|
1/11/09
|
1/11/10
|
|
$
|
$
|
$
|
Meal allowance (clause 9.2)
|
9.30
|
9.70
|
10.10
|
Community Language and Signing Work
|
17.10
|
17.80
|
18.50
|
(clause 15.3) p/w
|
|
|
|
First aid allowance (clause 15.4(c)) p/w
|
15.00
|
15.60
|
16.20
|
Broken shift allowance (clause 8.19) per shift
|
5.00
|
5.25
|
5.41
|
Schedule 3 -
PROGRESSION GUIDELINES
The progression rules detailed below have been established
to assist the industry parties to the Broken Hill City Council Consent Award,
regarding the operation of Council Salary Systems. At the local level where significant issues are identified in
relation to the operation of the Salary System the matter shall be referred to
Council’s Consultative Committee for consideration and where appropriate for
recommendation to the General Manager for decision. In the event that a dispute
arises the rules detailed below shall be used by the industry parties to assist
in the resolution of such disputes.
1. Banding
The appropriate Band for each position shall be
determined by reference to the Qualifications and Experience descriptor as
provided by Clause 12 Rates of Pay and Related Matters and clause 13 Skill
Descriptors of the Broken Hill City Council Award.
2. Levelling and
Grades
The Level and Grade of the position shall be
established through the evaluation of the position using the Council’s endorsed
Job Evaluation System. This evaluation shall occur consistent with the Job
Evaluation Policy as adopted by Council.
Positions shall be re-evaluated in the following
circumstances:
If the position is newly created.
If a significant change has occurred in the duties and
responsibilities of the position, which is confirmed by the relevant
(Director/Officer).
If an evaluation has been conducted and has resulted in
an apparent anomaly.
Where an existing position has been re evaluated and
where the outcome is a different grade, such re evaluation shall be referred to
the consultative committee for consideration and the current positions
incumbent shall be advised accordingly.
3. Position
Descriptions
The position description identifies the range of
skills, responsibilities, duties and qualifications in order of priority from
the essential criteria to the most desirable.
These criteria are detailed in each of the skills steps
to facilitate the assessment of skill at the time of the salary review, and to
avoid disputes regarding the movement through the skill steps.
Position descriptions shall not impose artificial
barriers that will prohibit individual salary progression through the full
range of skill steps.
4. Skills
Assessment
Council shall adopt a consistent and objective method
for assessing skills.
An assessment of the skills acquired and used shall be
undertaken on an annual basis and in those cases where the employee has
acquired new skills that would lead to progression under the salary
system.
New employees shall be paid at the Skill Level rate of
pay consistent with the skills they bring to Council. Placement at a Skill Level higher than the entry level shall
occur when the new employee meets the required skills for the position.
5. Salary Review
Annual salary reviews shall require the Manager of the
position to determine whether the employee has acquired and is using the skills
necessary to progress to the next step, or steps.
In the event that there is a dispute between the
employee and the Manager on the outcome of the skills review the assessment
shall be referred to an appeal panel.
In the event that the employee does not agree with the decision of the
appeal panel the matter shall be referred to the Director. The employee may have access to the
grievance and disputes procedure at any point of the appeal process.
6. Other matters
relating to the Implementation of the Salary System.
(a) Training
Employees shall be provided with reasonable and
equitable access to the training which will facilitate progression.
(b) Allowances -
(Former Award Allowances Only)
Except where allowances have been incorporated into
rates of pay, award allowances shall be paid in addition to the rates
established within the salary ranges.
(c) Council’s Budget
Council shall in considering the budget each year
ensure that the skill progression detailed in these rules is properly funded
and that employees shall move through the skill steps based assessment against
the criteria detailed in the position descriptions.
(d) Award Variations
The Grades and Salary Steps, as contained within the
salary structure of the salary system shall be increased by the same quantum,
and be operative from the same date as variations in the Broken Hill City
Council Award.
(e) Dispute
Procedure
Disputes which arise through the operation of Council’s
Salary System shall be handled consistent with Clause 36, dispute Resolution
Procedures of the Broken Hill City Council Award.
(f) Publication
Copies of the Salary System shall be published by
Council and made available to all employees.
The published document shall contain copies of the current salary
structure and the progression rules.
Each individual shall be provided with a copy of their Position
Description.
Schedule 4 -
PROVISIONS OF HISTORICAL RELEVANCE
The following provisions shall apply until such time as
a new salary system agreed by the Barrier Industrial Council, the Unions and
Council is introduced:
(a) Driver
An employee who has been required by his supervisor to
drive a particular truck for at least six (6) consecutive weeks shall be paid
the margin applicable to the driving of that truck for a period not exceeding
one (1) week during which the employee is allocated work by his supervisor
which attracts a margin which is less than the margin applicable to the
particular truck which the employee has been required to drive for the
preceding six (6) weeks
(i) An employee who
is classified as a regular driver or plant operator by his supervisor and who
is ‘stood down’ through no fault of the employee shall be paid the margin that
would normally have been paid had the employee been driving the truck or plant.
(ii) The above
specific provision relating to drivers and plant operators will be held to
overrule the more general scheme based on seniority.
(iii) That leave be
reserved to apply to the New South Wales Industrial Commission within the
currency of this Award with respect to the following:
Tradespersons Driving
All tradespersons in the Technical Services’ division shall
drive themselves where assistance is not required, that is, where a plant
operator or driver is available, if required, at the site of an item of plant
or a vehicle requiring attention of where the building maintenance tradesperson
is required to repair door locks or cupboard etc.
Apprentice Tradespersons Driving
Third and fourth year apprentice tradespersons shall
drive themselves to jobs of a minor nature where assistance is not required,
that is, apprentice painter to bus seats, litter bins etc apprentice automotive
mechanic to lawnmowers, sedans etc.
I.
TABBAA, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.