PROFESSIONAL
SURVEYORS (PRIVATE INDUSTRY) (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Association of Professional Engineers,
Scientists and Managers, Australia (NSW Branch), industrial organisation of
employees.
(No. IRC 4056 of
1999)
Before the Honourable Justice Schmidt
|
2 December 1999
|
AWARD
PART A
1. Title of Contents
1.1 This award
shall be known as the Professional Surveyors (Private Industry) (State) Award.
1.2 This award is
arranged as follows:
PART A
Clause No. Subject Matter
10. Annual
Leave and Annual Leave Loading
23. Anti
Discrimination and Harassment
2 Area of
Operation and Parties Bound
17. Bereavement
Leave
7. Contract of Employment
3. Definitions
6. Disclosure of Qualifications
24. Duration
of Award
21. Grievance
and Disputes Procedure
8. Hours of Duty
19. Living
Away From Home Allowance
14. Long
Service Leave
9. Overtime, Sundays and Public Holiday
Work
13. Parental
Leave including Maternity, Paternity and Adoption Leave
5. Professional Development
12. Public
Holidays
11. Redundancy
4. Salaries and Classifications
22. Savings
(Conditions Existing Prior to this Award)
15. Sick Leave
16. State
Personal/Carer’ Leave Case - August 1996
1. Title of
Contents
18. Travelling
Expenses and Travelling Time
20. Vehicle
Allowance
PART B
MONETARY RATES
Table 1 - Salaries
2. Area of Operation
and Parties Bound
2.1 This award
shall apply within the whole of the State of New South Wales and shall apply to
and be binding on any person or persons employed in the occupation of a
Professional Surveyor in the private sector who has qualifications which enable
that person to obtain membership of the Institution of Surveyors, Australia,
NSW Division Incorporated, except those persons in subclause 2.2;
2.2 This award
does not apply to:
Employees of the Crown;
Employees in the coal mining industry;
Employees of municipal or shire councils;
Employees of Rail Access Corporation, Freight Rail
Corporation, Rail Services Authority and State Rail Authority of New South
Wales;
Employees of Pacific Power, Macquarie Generation, Delta
Electricity and Transgrid;
Employees of Energy Australia, Integral Energy,
Northpower, Great Southern Energy, Advance Energy and Australian Inland Energy.
Employees of Sydney Water Corporation;
Employees of Hunter Water Corporation;
Employees of the Roads and Traffic Authority;
Employees of the Office of Marine Administration,
Sydney Ports Corporation, Newcastle Ports Corporation, Port Kembla Ports
Corporation, the Marine Ministerial Holding Corporation and the Waterways
Authority;
Employees of the Broken Hill Proprietary Company
Limited or Tubemakers of Australia Limited, or any corporation which is a
related corporation (within the meaning of the Companies (NSW) Code 1981) of
either The Broken Hill Proprietary Company Limited or Tubemakers of Australia
Limited.
3. Definitions
3.1 APESMA shall
mean the Association of Professional Engineers, Scientists and Managers,
Australia.
3.2 Act shall mean
the Surveyors Act 1929 as from time
to time amended.
3.3 Regulations
shall mean the Surveyors (General) Regulation 1982 and the Surveyors Practice
Regulation 1996 as from time to time amended.
3.4 Professional
Surveying duties shall mean duties carried out by a person in any particular
employment the adequate discharge of any portion of which duties requires
qualifications of the employee acceptable to the Institution of Surveyors,
Australia for admission to the grade of at least Graduate member.
3.5 Professional
Surveyor shall mean an employee qualified to carry out professional surveying
duties as above defined and shall include employees classified as Graduate
Surveyor, Registered Surveyor, Group B Professional Surveyor and Group C
Professional Surveyor as contained in clause 4, Salaries and Classification.
3.6 Graduate
Surveyor shall mean a person who has successfully completed a course of studies
approved by the Surveyors’ Board or the Institution of Surveyors Australia whom
is entitled to enter a training agreement with a Registered Surveyor.
3.7 Cadastral work
shall, when referred to in the body of the award, have the same meaning as
survey contained in the Act.
3.8 Registered
Surveyor shall mean an employee qualified to carry out professional surveying
duties as defined above and who is registered in accordance with the provisions
of the Act as defined above and who is not classified as a Group B Professional
Surveyor or a Group C Professional Surveyor as contained in clause 4, Salaries
and Classifications.
4. Salaries and
Classifications
4.1 Classification
Definitions - For employment involving the performance of professional
surveying duties the following classification definitions shall apply:
4.1.1 Group A:
Graduate Surveyor
A Graduate Surveyor, is a Professional Surveyor (as
defined) and shall mean a person who has successfully completed a course of
studies approved by the Surveyor’s Board or the Institution of Surveyors,
Australia who is entitled to enter into a training agreement with a Registered
Surveyor.
Duties
The Surveyor undertakes initial professional surveying
tasks of limited scope and complexity, such as minor phases of broader
assignments, in office, plant or field.
Under close supervision from a Registered Surveyor as
to the method of approach and requirements, the Graduate Surveyor performs
normal professional surveying work and exercises individual judgement and
initiative in the application of surveying principles, techniques and methods.
The Graduate Surveyor shall work under direct
supervision when carrying out all work of a cadastral nature as prescribed by
the Act as defined.
In assisting more senior professional surveyors by
carrying out tasks requiring accuracy and adherence to prescribed methods or
surveying analysis, design or computation, the Graduate Surveyor draws upon
advanced techniques and methods learned during and after the undergraduate
course.
Training, development, and experience using variety of
standard surveying methods and procedures, enable the Professional Graduate
Surveyor to develop increasing professional judgement and apply it
progressively to more difficult tasks.
Decisions are related to tasks performed relying upon
precedent or defined procedures for guidance. Recommendations are related to solution
of problems in connection to the tasks performed.
Work is reviewed by a Registered Surveyor for validity,
adequacy, methods and procedures. With professional development and experience,
work receives less review, and the professional surveyor graduate progressively
exercises more individual judgement until the level of competence is achieved.
The Graduate Surveyor may assign and check work of
technical staff assigned to work on a common project.
4.1.2 Registered
Surveyor
A Registered Surveyor is a Surveyor who has
successfully completed all necessary requirements for registration in
accordance with the provisions of the Surveyors
Act 1929, as defined, and who is capable of directly supervising a Graduate
Surveyor(s) but who is not performing the duties of Group B Professional
Surveyor and Group C Professional Surveyor.
4.1.3 Group B:
Professional Surveyor
Notwithstanding the foregoing, a person who is a Group
B Professional Surveyor shall, as a minimum, mean an experienced surveyor
capable of performing professional duties with a minimum of direction and
supervision to the satisfaction of the employer, who takes responsibility for
the areas directly under their control and prepare detailed reports on survey
results.
Duties
He/she requires the application of mature surveying
knowledge with scope for individual accomplishment and coordination of
difficult and responsible surveying assignments. He/she deals with problems for
which it is necessary to modify established guides and devise new approaches.
He/she may make some original contribution and/or apply
new approaches and techniques to design or development of equipment or specific
aspects of products.
Recommendations and decision
His/her recommendations may be reviewed for soundness
of judgment but are usually regarded as technically accurate and feasible.
He/she makes responsible decisions on matters assigned, including the
establishment of surveying standards and procedures.
Supervision received
Work is carried out within broad guidelines requiring
conformity with overall objectives, relative priorities and necessary
cooperation with other units. Informed technical guidance may be available.
Supervision exercised
He/she outlines and assigns work and reviews it for
technical accuracy and adequacy. He/she may plan, direct and coordinate the
work of other professional surveyors and may also supervise other professional
and technical staff.
4.1.4 Group C:
Professional Surveyor
Notwithstanding the foregoing, a person who is a Group
C Professional Surveyor shall, at a minimum, be an experienced surveyor who in
addition to the skills and duties of a Group B Professional Surveyor is able
to:
show initiative in improvement of field and office
techniques;
manage computer systems and job flow patterns;
liaise with clients;
participate in short and long range planning and make
independent decisions on surveying policies and procedures within an overall
program.
Duties
He/she is required to perform professional surveying
work involving considerable independence in approach and demanding a
considerable degree of originality, ingenuity and judgment. He/she requires
knowledge of more than one field of surveying or is an expert in a particular
field of surveying. He/she initiates and/or participates in short and long
range planning and makes independent decisions on surveying policies and
procedures within an overall program. He/she gives technical advice to
management and operating departments. He/she may take detailed technical
responsibility for product development and the development and provision of
specialised survey systems, facilities and functions.
He/she coordinates work programs and directs or advises
on the use of material and/or equipment.
Recommendations and decisions
He/she makes responsible decisions not usually subject
to technical review. He/she decides courses of action necessary to expedite the
successful accomplishment of assigned projects. He/she may make recommendations
involving large sums of money or long‑range objectives.
Supervision received
Duties are assigned only in terms of broad objectives
and are reviewed for policy, soundness of approach, accomplishment and general
effectiveness.
Supervision exercised
He/she supervises a group or groups including
professional surveyors and other staff and/or exercises authority and technical
control over a group of qualified professional personnel engaged, in both
instances, in complex survey applications.
4.2 Salaries
4.2.1 The minimum
award salaries for the classifications defined in subclause 4.1 of this clause
are set out in Table 1 - Salaries of Part B, Monetary Rates.
4.2.2 It is expected
that a graduate surveyor will advance to an experienced surveyor following the
progressive acquisition of skills and competence, and such employee’s
competence and salary will be reviewed regularly during that period.
4.3 Advice as to
Salary and Salary Review - An employee, on engagement, shall be advised in
writing of his/her salary and any normal practice as regards remuneration
reviews, where such remuneration is in excess of award prescription. Upon
request, an employer shall advise an employee of the award classification which
the employer considers to be appropriate, having regard to the duties performed
by the employee concerned.
4.4 Salary
Packaging
4.4.1 Where it is
mutually agreed to introduce salary packaging, an employer and an employee may
agree in writing to the terms and conditions of a salary package; provided that
any such agreement shall, on the whole, be no less beneficial to the employee
than the minimum entitlements under this award.
4.4.2 Where, prior to
the salary package agreement, a benefit is provided by the employer in addition
to a base salary, then that fringe benefit shall be added to the salary to
establish the total value of the salary package and shall not be absorbed.
4.4.3 Where, at the
end of an agreed period, the full amount allocated to a specific fringe benefit
has not been utilised, the employee shall have the option of either carrying
forward the unused amount to the next period or being paid the amount as
salary.
4.4.4 The terms and
conditions of a salary package agreement which are recorded in writing and
signed by both the employer and employee, shall prevail over the employer’s
obligation to pay and the employee’s right to receive the salaries prescribed
in Table 1 - Salaries, of Part B, Monetary Rates.
5. Professional
Development
5.1 It is the
Responsibility of an Employee to Keep Himself/Herself Informed of Developments
in His/Her Profession and to Develop His/Her Professional Knowledge and Ability
in Accordance With Engineering Or Scientific and Technological Change, and It
is the Responsibility of the Employer to Provide Opportunities for
Education/Training to Assist Employees in Carrying Out the Particular
Requirements of Their Employment.
5.2 Where, in
pursuance of these aims, an employee is granted permission by his/her employer
to attend a conference, seminar, short-term study course or the like:
5.2.1 In
circumstances where the employer accepts and approves the conference, seminar,
short-term study course or the like as being fully relevant to the employment
of the employee, the employer will meet all associated costs and will continue
the payment of salary to the employee.
5.2.2 In
circumstances where the employer accepts and approves the conference, seminar,
short-term study course or the like as being partially relevant to the
employment of the employee, the employer may make a contribution to associated
costs and may continue payment of salary to the employee.
5.2.3 In
circumstances where the employer considers that the conference, seminar,
short-term study course or the like is not relevant to the employment of the
employee, the employer may grant leave without pay to the employee.
5.3 In all cases,
an employee granted permission to attend a conference, seminar, short-term
study course or the like shall suffer no loss of leave entitlements as a result
of such attendance.
6. Disclosure of
Qualifications
An employee who is employed in or who is an applicant for
employment covered by this award, shall if and when required so to do by
his/her employer or an employer to whom he/she has applied for employment,
produce to his/her employer or that employer written evidence that he/she
possesses or has acquired the qualifications necessary for the classification
applied for.
7. Contract of
Employment
7.1 Employment may
be ongoing or for a specified period and/or part-time and/or casual, on terms
and conditions agreed upon and specified in writing. Such terms and conditions
shall be no less favorable than those prescribed in this award.
7.2 Except in
relation to persons employed for a specified period and casual employees,
employment shall be terminated by not less than one month’s notice (or such
lesser period as may be mutually agreed) given by either party or by the
payment or forfeiture of a month’s salary, as the case may be, except where
services are summarily terminated for serious misconduct.
7.3 Notwithstanding
the provisions of subclauses 7.1 and 7.2 of this clause:
7.3.1 The period of
notice to be given to or by an employee with up to six months service with a
particular employer, or the amount of salary to be paid to or forfeited by such
an employee, shall be as mutually agreed between the employee and the employer.
7.3.2 Where an
employee, at the time of coming into operation of this award, had the
termination of his/her employment governed by a greater or lesser period of
notice, then such arrangement shall continue but, in every case where
termination of employment is not to be governed by the provision set out in
this clause, the employer shall notify the employee of the conditions of
termination governing his/her particular employment.
7.4 Clause 11,
Redundancy, provides for notice of termination in special circumstances. This
clause shall not apply in those circumstances except that an employee must, in
any case, receive notice or payment in lieu of notice of not less than he/she
would have received under this clause (taking notice, payment in lieu of notice
and severance pay together).
7.5 Nothing in
this clause affects the right of the employer to dismiss an employee without
notice for neglect of duty or misconduct.
8. Hours of Duty
8.1 The ordinary
working hours shall not exceed 38 hours per week in any four week cycle. These
hours shall be worked between 6.00 a.m. and 6.00 p.m. Monday to Friday and
shall be continuous except for meal breaks.
8.2 The above
spread of hours may be altered by mutual agreement between the employer and the
majority of employees in the establishment or section(s) concerned.
8.2.1 The employer
and the majority of the employees concerned in the establishment or section or
sections concerned may agree that the ordinary working hours be worked to
enable a rostered weekday off to be taken off on a basis to be mutually agreed.
8.2.2 Notice of days
off
The employer shall advise the employee at least four
weeks in advance of the rostered weekday to be taken off.
Such days off will be subject to the operational needs
of the establishment and having regard to urgent and unforseen circumstances in
which case a substitute day shall be arranged by mutual agreement.
8.2.3 Accumulation of
days off
Where agreed with the employer an employee may
accumulate up to five rostered days leave to be taken when mutually convenient.
8.3 The ordinary
hours of work prescribed herein shall not exceed ten hours nor be less than six
hours, on any one day. Employees shall be entitled to a minimum of eight rest
days off per four-week cycle. No full time employee shall work more than twelve
days in succession without a rest day off.
8.4 All work
performed outside of these hours shall be paid in accordance with clause 9,
Overtime, Sundays and Public Holiday Work.
8.5 Subject to the
following provisos and notwithstanding the above, where work is required to be
performed on Saturday or Sunday an employer and an individual employee may
arrange by mutual agreement to substitute a weekday for the weekend day worked.
8.5.1 The individual
employee must make written application to the employer prior to the performance
of duty that he/she wishes to substitute a day(s).
8.5.2 The employer
shall give to the employee at least seven days notice of the weekday(s) to be
taken off and be substituted for the weekend work. Such substitute days are to
be taken off within one month of the work having been performed. If this does
not occur then the work shall be paid at the appropriate rate for the day as
prescribed by clause 9, Overtime, Sundays and Public Holiday Work, and at the
rate of time and a half for work performed on a Saturday.
8.5.3 Where it is
mutually agreed the work performed on the weekend shall be paid for at the same
rate of pay as if it had been the weekday normally worked by the employee.
9. Overtime, Sundays
and Public Holiday Work
9.1 All work
performed outside the ordinary hours as prescribed in clause 8, Hours of Duty,
shall be paid in accordance with 9.1.1 herein and/or in accordance with 9.1.2
as follows:
9.1.1 at the rate of
time and one half for the first three hours and double time thereafter; and/or
9.1.2 where an
employee performs duty on overtime, the employee may at his/her request in
writing prior to the working of the overtime, and with the agreement of the
employer subsequently be released from duty in ordinary hours subject to the
following conditions:
(a) the agreement
shall be in writing and be kept with the time and wages records;
(b) where an
employee takes subsequent time off, the relevant and equivalent period of
overtime shall be paid for at ordinary rates of pay. All other overtime worked
and in respect of which time off is not taken shall be paid for at the
appropriate overtime rate provided for in 9.1.1 herein;
(c) where an
employee elects to take any period/s of time off in ordinary hours in
accordance with this clause such time off shall be without pay and shall equate
to the relevant period/s of overtime worked;
(d) payment for any
period/s of overtime worked and in relation to which the employee elects to
take time off shall be paid by the employer to the employee in the pay period
in which the time off is taken; and
(e) an employee
may not accumulate more than 38 hours of equivalent time off which shall be
taken within four weeks of its accrual. Where such time off is not taken the
period/s of overtime referable thereto shall be paid for in the next relevant
pay period at the appropriate overtime rate otherwise applicable.
9.2 An employer
may require an employee to work reasonable overtime and such employee shall
work in accordance with such requirements.
9.3 An employee
shall be paid at the rate of double time for work done on Sunday and such
double time shall continue until the employee is relieved from duty.
9.4 Subject to
clause 12, Public Holidays, an employee shall be paid at the rate of double
ordinary time and a half for work done on public holidays as defined in this
award and such double time and a half shall continue until the employee is
relieved from duty.
9.5 An employee
recalled to work overtime, after leaving his/her employer’s premises or
required to work overtime on a Saturday, Sunday or public holiday shall be paid
for a minimum of four hours’ work at the appropriate overtime rate.
9.6 An employee
working overtime shall be allowed a twenty minute break without deduction of
pay (crib time) after each four hours of overtime worked if the employee
continues to work after such crib time.
9.7 Unless the
period of overtime is less than one and a half hours, an employee before
starting overtime after working ordinary hours, shall be allowed a meal break
of 20 minutes which shall be paid for at ordinary rates. An employer and
employee may agree to any variation of this provision to meet the circumstances
of the work in hand provided that the employer shall not be required to make
any payment in respect of any time allowed in excess of twenty minutes.
9.8 An employee
required to work beyond two hours after the usual finishing time of work shall
be paid a meal allowance of $5.30 for the meal and for each subsequent meal, or
be provided with an adequate meal.
9.9 An employee
required to work on a Sunday or public holiday for more than four hours shall
either be supplied with a meal by the employer or paid $5.30 for the meal taken
during the first and/or subsequent crib break.
9.10 When an
employee working overtime or working on a Sunday or public holiday finishes
work at a time when normal means of transport is not available, the employer
shall provide him/her with a conveyance to reach his/her home.
9.11 An employee
working on a Sunday or public holiday shall be allowed a twenty minute break
without deduction of pay (crib break) after such four hours of work, if the
employee continues work after such crib time.
10. Annual Leave and
Annual Leave Loading
10.1 Annual Leave -
The provisions of the Annual Holidays Act
1944 shall apply.
10.2 Annual Leave
Loading - In respect of annual leave, an employee shall be paid a loading
calculated at the rate of 17½ per cent of the monetary value of the annual
holiday entitlement, except that:
10.2.1 Where an
employee is in receipt of the benefit from the employer which is related to
his/her annual leave and which is established as being of equivalent value to
or greater value than the loading provided by this clause, no further
entitlement shall accrue. Where the benefit is of a lesser value than
equivalent value, then the employer shall make up the benefit to that value.
10.2.2 An employee and
the employer may mutually agree on an arrangement other than the loading
provided in this clause; such arrangements to stand in place of the loading. In
no case shall the arrangement made under this provision give a value of less
than the value of the loading.
11. Redundancy
11.1 Application -
11.1.1 This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified in subclause 4.1 of clause 4, Salaries and
Classifications.
11.1.2 This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
11.1.3 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 employers shall be no 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.
11.1.4 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 of employees engaged for the specific period of the
time or for a specified task or tasks, or where employment is terminated due to
the ordinary and customary turnover of labour.
11.2 Introduction of
Change
11.2.1 Employer’s Duty
to Notify
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer’s workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that, where the award makes provision for
alteration of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
11.2.2 Employer’s Duty
to Discuss Change
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph 11.2.1 of
this subclause, 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.
(b) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in paragraph 11.2.1 of this
subclause.
(c) For the
purpose of such discussion, the employer 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 any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
11.3 Redundancy -
Discussions Before Termination
11.3.1 Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to subparagraph
11.2.1(a) of paragraph 11.2.1 of subclause 11.2 of this clause, and that
decision may lead to the termination of employment, the employer shall hold
discussions with the employees directly affected and with the union to which
they belong.
11.3.2 The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of paragraph 11.3.1 of this
subclause and shall cover, inter alia, any reason for the proposed termination,
measures to avoid or minimise the terminations and measures to mitigate any
terminations on the employees concerned.
11.3.3 For the purposes
of the discussion the employer shall, as soon as practicable, provide to the
employees concerned and the union to which they belong all relevant information
about the proposed terminations, including the reasons for the proposed
terminations, the number and categories of employees likely to be affected, the
number of workers normally employed and the period over which the terminations
are likely to be carried out. Provided that any employer shall not be required
to disclose confidential information the disclosure of which would adversely
affect the employer.
11.4 Termination of
Employment
11.4.1 Notice for
Changes in Production, Program, Organisation or Structure -
(a) This subclause
sets out the notice provision to be applied to terminations by the employer for
reasons arising from "production", "program",
"organisation" or "structure", in accordance with
subparagraph 11.2.1(a) of paragraph 11.2.1 of subclause 11.2 of this clause.
In order to terminate the employment of an employee,
the employer shall give to the employee the following notice:
Period of Continuous Service
|
Period of Notice
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over.
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years continuous service, shall be entitled
to an additional week’s notice.
(c) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
11.4.2 Notice for Technological
Change - This subclause sets out the notice provisions to be applied to
terminations by the employer for reasons arising from technology in accordance
with subparagraph 11.2.1(a) of paragraph 11.2.1 of subclause 11.2 of this
clause.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, and Annual
Holidays Act 1944 or any Act amending or replacing either of these Acts.
11.4.3 Time Off During
the Notice Period
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day’s time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
11.4.4 Employee Leaving
during the Notice Period - If the employment of an employee is terminated
(other than for misconduct) before the notice period expires, the employee
shall be entitled to the same benefits and payments under this clause had the
employee remained with the employer until the expiry of such notice. Provided
that, in such circumstances, the employee shall not be entitled to payment in
lieu of notice.
11.4.5 Statement of
Employment -The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide 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.
11.4.6 Notice of
Commonwealth Employment Service - Where a decision has been made to terminate
the employment of employees, the employer shall notify the Commonwealth
Employment Service thereof as soon as possible, giving relevant information,
including the number of categories of the employees likely to be affected and
the period over which the terminations are intended to be carried out.
11.4.7 Department of
Social Security Employment Protection Certificate - The employer shall, upon
receipt of a request from an employee whose employment has been terminated,
provide to the employee an Employment Separation Certificate in the form
required by the Department of Social Security.
11.4.8 Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in paragraph 11.2.1 of subclause 11.2 of this clause, 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 the employer may, at the employer’s option, make payment in
lieu thereof of 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.
11.4.9 Counselling -
During the period of notice of terminations, the employer shall provide
counselling to employees. Such counselling shall include financial, social
security, entitlements, re-employment programs or any other issues, which are
agreed to by the union. Provided that the employer shall pay for such
counselling and that the counselling provider program is agreed to by APESMA.
11.5 Severance Pay
11.5.1 Where the
employment of an employee is to be terminated pursuant to subclause 11.4 of
this clause, subject to further order of the Industrial Relations Commission of
New South Wales, the employer shall pay the following severance pay in respect
of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
|
Under 45 years of
age entitlements
|
Less than 1 year .
|
Nil
|
1 year and less than 2 years.
|
4 weeks
|
2 years and less than 3 years.
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over .
|
16 weeks
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of Service
|
45 years of age and
over entitlements
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years .
|
8.75 weeks
|
3 years and less than 4 years .
|
12.5 weeks
|
4 years and less than 5 years .
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over .
|
20 weeks
|
(c) "Weeks
pay" means the all-purpose rate of pay for the employee concerned at the
date of termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances.
11.5.2 Incapacity to
Pay - Subject to an application by an employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph 11.5.1 of this
subclause.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in paragraph 11.5.1
of this subclause will have on the employer.
11.5.3 Alternative
Employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in paragraph 11.5.1 of this subclause if the employer
obtains acceptable alternative employment for an employee.
11.6 Transmission of
Business
11.6.1 Where a business
is before or after the date of this award, transmitted from an employer (in
this clause called the transmittor) to another employer (in this clause called
the transmittee) and an employee who at the time of such transmission was an
employee of the transmittor in that business becomes an employee of the
transmittee:
(a) the continuity
of the employment of the employee shall be deemed not to have been broken by
reason of such transmission; and
(b) the period of
employment which the employee has had with the transmittor or any prior
transmittor shall be deemed to be service of the employee with the transmittee.
11.6.2 In this clause
business includes trade, process, business or occupation and includes part of
any such business and transmission includes transfer, conveyance, assignment or
succession whether by agreement or by operation of law and transmitted has a
corresponding meaning.
11.7 Savings Clause
Nothing in this clause shall be construed so as to
require the reduction or alteration of more advantageous benefits or conditions
which an employee may be entitled to under any existing redundancy arrangement,
taken as a whole, between the union and any employer bound by this award.
12. Public Holidays
12.1 An employee
shall be entitled to the following public holidays without loss of pay: New
Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, ANZAC
Day, Queen’s Birthday, Eight-hour Day (or Labour Day), Christmas Day and Boxing
Day or such other days as are generally observed in the locality as a
substitute for any of the said days and, in addition thereto, any special days
appointed by proclamation as public holidays throughout the State.
12.2 For the
purposes of this clause:
12.2.1 where Christmas
Day falls on a Saturday or on a Sunday, a holiday in lieu thereof shall be
observed on 27 December;
12.2.2 where Boxing Day
falls on a Saturday or a Sunday, a holiday in lieu thereof shall be observed on
28 December;
12.2.3 where New Year’s
Day falls on a Saturday or on a Sunday and has not been substituted in
accordance with 12.1 above, the following Monday shall be observed as New
Year’s Day;
12.2.4 where Australia
Day falls on a Saturday or Sunday and has not been substituted in accordance
with 12.1 above, a substituted day as gazetted shall be observed as Australia
Day;
and the said Saturday and/or Sunday shall be deemed not to
be holidays.
12.3 By agreement
between any employer and employees, other days may be substituted for the said
days or any of them.
12.4 All work
performed by an employee on a public holiday shall be compensated by payment at
the appropriate overtime rate or by the granting of a day off in lieu without
loss of pay. Such day is to be taken as soon as practicable following the
public holiday in question.
13. Parental Leave
Including Maternity, Paternity and Adoption Leave
The provisions of Chapter 2, Part 4 of the Industrial Relations Act 1996 shall
apply.
14. Long Service
Leave
The provisions of the Long
Service Leave Act 1955 (NSW) shall apply.
15. Sick Leave
An employee absent from duty on account of personal
ill-health or injury due to any cause shall be entitled to payment of sick
leave to the same extent and upon the same conditions as are applicable from
time to time to the majority of employees employed in the particular
establishment in which employee is employed. Provided that the minimum quantum
of sick leave entitlement shall be ten days per annum, cumulative to ten years
sick leave entitlements.
16. State
Personal/Carers Leave Case -August 1996
Use of sick leave -
16.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph 16.1.2(b) of paragraph 16.1.1, 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 in
clause 15, Sick Leave, for absences to provide care and support for such
persons when they are ill. Such leave may be taken for part of a single day.
16.1.1 The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. 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.
16.1.2 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:
a spouse of the employee; or
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
a child or an adult child (including an adopted child,
a step child, a foster child or an ex nuptial child), parent (including a
foster parent and legal guardian), grandparent, grandchild, or sibling of the
employee or spouse or de facto spouse of the employee; or
a same sex partner who lives with the employee as the
de facto partner of that employee on a bona fide domestic basis; or
a relative of the employee who is a member of the same
household, where for the purposes of this subparagraph:
(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.
16.1.3 An employee
shall, wherever practicable, give the employer prior notice 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 employer by
telephone of such absence at the first opportunity on the day of absence.
16.2 An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in
subparagraph 16.1.2(b) who is ill.
16.3 Annual Leave
16.3.1 An employee may
elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
16.3.2 Access to annual
leave, as prescribed in subclause 16.3.1, shall be exclusive of any shutdown
period provided for elsewhere under this award.
16.3.3 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
16.4 Time Off in
Lieu of Payment for Overtime
16.4.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
16.4.2 Overtime taken
as time off during ordinary hours shall be taken at the ordinary time rate,
that is an hour for each hour worked.
16.4.3 If, having
elected to take time as leave in accordance with subclause 16.4.1 of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
16.4.4 Where no
election is made in accordance with the said subclause 16.4.1, the employee
shall be paid overtime rates in accordance with the award.
16.5 Make-up Time
16.5.1 An employee may
elect, with the consent of the employer, to work ‘make-up time’ (under which
the employee takes time off during ordinary hours and works those hours at a
later time), at the shift work rate which would have been applicable to the
hours taken off.
16.6 Rostered Days
Off
16.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
16.6.2 An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
16.6.3 An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
16.6.4 This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at a particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
17. Bereavement Leave
17.1 A professional
surveyor, other than a casual professional surveyor, shall be entitled to up to
two days bereavement leave without deduction of pay, on each occasion of the
death of a person in Australia as prescribed in subclause 17.3 of this clause.
Where the death of a person as prescribed by the said subclause 17.3 occurs
outside Australia, the professional surveyor shall be entitled to up to two
days bereavement leave where the professional surveyor travels outside
Australia to attend the funeral.
17.2 The
professional surveyor must notify the employer as soon as practicable of the
intention to take bereavement leave and will provide to the satisfaction of the
employer proof of death.
17.3 Bereavement
leave shall be available to the professional surveyor in respect to the death of
a person prescribed for the purposes of personal/carer’s as set out in
subparagraph 16.1.2(b) of paragraph 16.1.2 of subclause 16.1 of clause 16,
State Personal/Carer’s Leave Case - August 1996, provided that, for the purpose
of bereavement leave, the professional surveyor need not have been responsible
for the care of the person concerned.
17.4 A professional
surveyor shall not be entitled to bereavement leave under this clause during
any period in respect of which the professional surveyor has been granted other
leave.
17.5 Bereavement
leave may be taken in conjunction with other leave available under subclauses
16.2, 16.3, 16.4, 16.5 and 16.6 of the said clause 16. In determining such a
request, the employer will give consideration to the circumstances of the
professional surveyor and the reasonable operational requirements of the
business.
18. Travelling
Expenses and Travelling Time
18.1 If an employee
is directed to work at a place other than his/her usual place of employment,
all reasonable fares necessarily incurred by him each day in excess of the
normal fares of travelling from his/her home to his usual place of employment
and return shall be paid by the employer.
18.2 If an employee
is directed to work at a place other than his/her usual place of employment the
fares which shall be payable under this clause shall be such as to enable
him/her to travel economy class, where available. However, air travel shall be
economy class. In the case of economy air travel an allowance of $5.30 shall be
paid for each meal period occurring during the duration of the travel provided
the employee did not receive a meal in flight for each period concerned.
18.3 Where an
employee is directed to work at a place other than his/her usual place of
employment all time occupied by him/her on any day in travelling which is in
excess of the time normally occupied by him in travelling when working at his
usual place of employment, shall be deemed to be working time and shall be paid
for at the appropriate rate prescribed by this award. Provided that where the
excess travelling time is in excess of one hour each way, the employer shall
have the option, subject to mutual agreement between the employer and employee
concerned, of provided reasonable living away from home expenses for any period
in excess of four weeks.
19. Living Away from
Home Allowance
19.1 An employee,
required by his/her employer to work temporarily for his employer away from
his/her usual place of employment, and who is required thereby to sleep away from
his/her usual place of residence, shall be entitled to the following:
19.1.1 Fares to and
from the place at which his/her employer requires the employee to work, if
applicable.
19.1.2 All reasonable
expenses including board and lodging.
19.1.3 Payment at
ordinary rates of pay for all time spent in travelling between the employee’s
usual place of employment and the temporary location, such paid time not to
exceed seven point six (7.6) hours in 24 hours.
20. Vehicle Allowance
In cases where it is mutually agreed that an employee will
be required to use their private vehicle on the employers business on a casual
or incidental basis, an employee shall be paid the following rates where
applicable:
Vehicles up to and including 2000 cc
|
40 cents per kilometre
|
Vehicles over 2000 cc
|
55 cents per kilometre
|
Four wheel drive vehicles
|
65 cents per kilometre
|
21. Grievance and
Disputes Procedure
21.1 A procedure for
the avoidance of industrial disputes shall apply in establishments covered by
this award.
21.2 The objectives
of the procedure shall be to promote the resolution of disputes by measures
based on consultation, cooperation and discussion.
21.3 Depending on
the issues involved, a procedure involving up to three stages of discussion
shall apply. These are - discussions between the employee/s concerned and at
his/her request the appropriate APESMA representatives and the immediate
supervisor/s; discussions involving the employee/s, APESMA representatives and
more senior management; discussions involving representatives from the APESMA
and the employer organisation; there shall be an opportunity for any party to
raise the issue to a higher stage.
21.4 There shall be
a commitment by the parties to achieve adherence to this procedure. This should
be facilitated by the earliest possible advice by one party to the other of any
issue or problem which may give rise to a grievance or dispute.
21.5 Throughout all
stages of the procedure all relevant facts shall be clearly identified and
recorded.
21.6 Sensible time
limits shall be allowed for the completion of the various stages of the
discussions. At least seven days should be allowed for all stages of the
discussions to be finalised.
21.7 Emphasis shall
be placed on a negotiated settlement. However, if the negotiation process is
exhausted without the dispute being resolved, the parties shall jointly or
individually refer the matter to the Industrial Relations Commission of New
South Wales for assistance in resolving the dispute.
21.8 In order to
allow for the peaceful resolution of grievances to the parties shall be
committed to avoid stoppages of work, lockouts or any other bans or limitations
on the performance of work while the procedures of negotiation and conciliation
are being followed.
21.9 The employer
shall ensure that the practices applied during the operation of the procedure
are in accordance with safe working practices and consistent with established
custom and practice at the workplace.
22. Savings
(Conditions Existing Prior to This Award)
Nothing in this award shall be deemed or construed to reduce
the salary or allowances or alter unfavourably the terms and conditions of
employment applying to any employee immediately prior to the date of operation
of this award.
23.
Anti-Discrimination and Harassment
23.1 It is the
intention of the parties bound by this award to respect and value the diversity
of the work force and to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW), to
prevent and eliminate discrimination in the workplace on the ground of race,
sex, marital status, disability, homosexuality, transgender identity and age.
23.2 It is
recognised that it is unlawful to victimise an employee because the employee
has made or may make or has been involved in a complaint of discrimination or
harassment.
23.3 Accordingly, in
fulfilling their obligations under the dispute resolution procedure, the
parties must take all reasonable steps to ensure that neither the award
provisions nor their operation are directly or indirectly discriminatory in
their effects.
23.4 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 (NSW)²
(d) a party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
Employers and employees may also be subject to Commonwealth
anti-discrimination legislation which may prohibit unlawful discrimination on
other ground than those identified in subclause 23.1 above.
Section 56(d) of the Anti-Discrimination Act (NSW) states:
Nothing in this 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.
24. Duration of Award
This award shall take effect from the beginning of the first
pay period to commence on or after 17 January 2000 and shall remain in force
for a period of 12 months thereafter.
PART B
MONETARY RATES
Table 1 - Salaries
The minimum weekly salaries payable for the performance of
surveying duties shall be:
Classification
|
Total Award Rate
|
Hourly Rate
|
|
per week
|
|
|
($)
|
($)
|
Group A Graduate Surveyors
|
|
|
1st Year
|
567.50
|
14.93
|
2nd Year
|
588.40
|
15.48
|
3rd Year
|
609.20
|
16.03
|
4th Year
|
630.10
|
16.58
|
5th Year
|
650.90
|
17.13
|
Registered Surveyors
|
|
|
1st Year
|
671.80
|
17.68
|
2nd Year
|
692.70
|
18.23
|
3rd Year
|
711.50
|
18.72
|
4th Year
|
753.20
|
19.82
|
Group B Professional Surveyors
|
795.00
|
20.92
|
Group C Professional Surveyors
|
920.10
|
24.21
|
M. SCHMIDT J.
____________________
Printed by
the authority of the Industrial Registrar.