State Crest
New South Wales Industrial Relations Commission
(Industrial Gazette)





spacer image spacer image

PROFESSIONAL SURVEYORS (PRIVATE INDUSTRY) (STATE) AWARD
  
Date01/12/2001
Volume321
Part3
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.B9184
CategoryAward
Award Code 1470  
Date Posted01/17/2003

spacer image spacer image

spacer image Click to download*
spacer image
BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1470)

SERIAL B9184

 

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.

 

 

 

* to download attachment
  
IE UsersRight click the attachment - Click 'Save Target As' - Select a location - Click 'Save'
Netscape UsersRight click the attachment - Select 'Save Link As' - Select a location - Click 'Save'