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New South Wales Industrial Relations Commission
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PROFESSIONAL ENGINEERS (PRIVATE INDUSTRY) (STATE) AWARD
  
Date04/06/2001
Volume323
Part4
Page No.
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.B9962
CategoryAward
Award Code 1144  
Date Posted06/13/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1144)

SERIAL B9962

 

PROFESSIONAL ENGINEERS (PRIVATE INDUSTRY) (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch).

 

(No. IRC1004 of 2000)

 

Before The Honourable Justice Kavanagh

15 March 2000

 

VARIATION

 

 

1.          Delete Part A, of the Award published 14 June 1996 (293 I.G. 309) as varied, and insert in lieu thereof the following:

 

PART A

 

1.   Title and Contents

 

1.1        This award shall be known as the Professional Engineers and Professional Scientists (Private Industry) (State) Award.

 

1.2        This award is arranged as follows:

 

PART A

 

Clause No.          Subject Matter

 

 1.        Title and Contents

 2.        Area of Operation and Parties Bound

 3.        Definitions

 4.        Salaries and Classifications

 5.        Professional Development

 6.        Disclosure of Qualifications

 7.        Contract of Employment

 8         Hours of Duty

 9.        Annual Leave and Annual Leave Loading

10.       Redundancy

11.       Public Holidays

12.       Parental Leave including Maternity, Paternity and

Adoption Leave

13.       Long Service Leave

14.       Sick Leave

15.       State Personal/Carer's Leave Case - August 1996

16.       Bereavement Leave

17.       Travelling Expenses and Travelling Time

18.       Grievance and Disputes Procedure

19.       Savings (Conditions Existing Prior to this Award)

20.       Duration of Award

21.       Ant-Discrimination and Harassment

 

 

 

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

Table 2 -Other Rates and Allowances

 

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:

 

2.1.1     Any person or persons employed as a Professional Engineer and who is performing professional engineering duties requiring qualifications of the employee as (or at least equal to those of) a Graduate Member of the Institution of Engineers, Australia, except those persons in subclause 2.2;

 

2.1.2     any person or persons employed as a Professional Scientist and who is performing professional scientific duties requiring one of the qualifications specified in the academic schedule below, except those persons in subclause 2.2;

 

Academic Schedule

 

(a)        A degree in science from an Australian, New Zealand or United Kingdom University or from an Australian tertiary education institution.

 

(b)        Academic qualifications acceptable to the Royal Australian Chemical Institute for admission to the grade of corporate membership.

 

(c)        Academic qualifications acceptable to The Australian Institute of Physics for admission to the grades of graduate membership or corporate membership.

 

(d)        Academic qualifications in metallurgy, metallurgical engineering or technology acceptable to either The Australasian Institute of Mining and Metallurgy for admission to the grade of junior or corporate membership, or the Institution of Metallurgists (London) for admission to the grades of graduate or associate membership.

 

(e)        Academic qualifications acceptable to The Australian Institute of Agriculture Science for admission to the grade of corporate membership.

 

(f)         Academic qualifications acceptable to The Australian Institute of Food Science and Technology for admission to the grades of graduate or corporate membership.

 

2.1.3     any employer of such person in subclauses 2.1.1 or 2.1.2 whether or not such person is a member of a registered organisation except those employers in subclause 2.2.

 

2.2        This award does not apply to:

 

Employees of the Crown;

 

Professional Engineers employed by members of the Association of Consulting Engineers, Australia who are bound by or who are applying the Technical Services Professional Engineers Consulting Engineers Agreement 1998 (Federal);

 

Employees in the coal mining industry;

 

Employees of municipal or shire councils or electricity distributors;

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 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.

 

Professional surveyors in the private sector (‘Professional Surveyor’ shall have the same meaning as appears in the Professional Surveyors (Private Industry) (State) Award.

 

Professional scientists employed by universities or Unisearch Limited

 

Persons bound by the following awards in respect of the employment of professional scientists:

 

Drug Factories (State) Award as varied;

Private Pathology (State) Award as varied;

Charitable Institutions (Professional and Technical Officers) (State) Award as varied;

Draughtsmen, Planners and Technical Officers &c. (State) Award as varied;

Pharmacy (State) Award as varied;

Metal and Engineering Industry Interim (State) Award as varied;

Charitable Institutions (Medical Officers) State Award as varied;

Private Hospital (Professional Employees) (State) Award as varied;

Private Hospital (Employees) (State) Award as varied;

Charitable Institutions (Professional Paramedical Staff) (State) Award as varied;

Health Employees’ Medical Radiation Scientists (State) Consolidated Award as varied;

Hospital Scientists (State) Interim Award as varied.

 

3.  Definitions

 

3.1        APESMA shall mean The Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch).

 

3.2        Professional Engineer shall mean an adult person employed as such, who is qualified (as defined below) to carry out, and who is engaged in carrying out, professional engineering duties. The term "professional engineer" shall embrace and include "qualified engineer", as hereinafter defined.

 

3.3        Qualified Engineer shall mean a professional engineer other than an experienced engineer as hereinafter defined; that is, it shall mean a person who is, or is qualified to become, a graduate member of the Institution of Engineers, Australia.

 

3.4        Graduate shall mean a qualified engineer who is the holder of a university degree (four or five-year course) recognised by the Institution of Engineers, Australia, or is the holder of a degree, diploma or other testamur which:

 

3.4.1     has been issued by a technical university, an institute of technology, a European technical high school (Technische Hoschschule) or polytechnic or other similar educational establishment; and

 

3.4.2     is recognised by the Institution of Engineers, Australia, as attaining a standard similar to a university degree; and

 

3.4.3     has been issued the following:

 

3.4.3.1 a course of not less than four years duration for a full-time course after a standard of secondary education not less than the standard of examination for matriculation to an Australian university; or

 

3.4.3.2 a part-time course of sufficient duration to attain a similar standard as a four-year full-time course, after a similar standard of secondary education.

 

3.5        Experienced Engineer shall mean a professional engineer with the undermentioned qualifications in any particular employment, the adequate discharge of any portion of the duties of which employment requires qualifications of the employee as (or at least equal to those of) a member of the Institution of Engineers, Australia.

 

The aforesaid qualifications are as follows:

 

that he/she is a member of the said institution; or

 

that he/she, having graduated in a four-year or a five-year course at the university recognised by the said institution, has had four years experience on professional engineering duties since becoming a qualified engineer; or

 

that he/she, not having so graduated, has had five years of such experience.

 

3.6        ‘Professional Scientist’ shall mean a person qualified to carry out professional scientific duties requiring one of the qualifications in subclause 2.1.2. The term ‘Professional Scientist’ shall embrace and include ‘Qualified Scientist’ and ‘Experienced Scientist’ as defined below.

 

3.7        ‘Qualified Scientist’ shall mean a Professional Scientist other than an ‘Experienced Scientist’ as defined below, that is, shall mean a person possessing one of the qualifications in subclause 2.1.2.

 

3.8        ‘Graduate Scientist’ shall mean a qualified scientist who has completed the requirements of the award of a degree or diploma in subclause 2.1.2.

 

3.9        ‘Experienced Scientist’ shall mean a Professional Scientist who has had further experience performing professional scientific duties after obtaining his or her degree or diploma as follows:

 

3.9.1     when a graduate (4 or 5 year course) - 4 years experience or

 

3.9.2     when a graduate (3 year course) - 5 years experience

 

4.   Salaries and Classifications

 

4.1        Classification Definitions - For employment involving the performance of professional engineering duties or professional scientific duties the following classification definitions shall apply:

 

Level 1 Professional Engineer/ Level 1A & 1B Professional Scientist

 

The graduate engineer or scientist (as defined) commencement level. The engineer or scientist undertakes initial professional engineering or scientific tasks of limited scope and complexity, such as minor phases of broader assignments in office, plant, field or laboratory work.

 

Classification Level Definition

 

Under supervision from higher level professional engineers or scientists as to method of approach and requirements, the professional engineer or scientist performs normal professional engineering or scientific work and exercises individual judgment and initiative in the application of engineering or scientific principles, techniques and methods.

 

In assisting more senior professional engineers or scientists by carrying out tasks requiring accuracy and adherence to prescribed methods of engineering or scientific analysis, design or computation, the engineer or scientist draws upon advanced techniques and methods learned during and after the undergraduate course.

 

Training, development and experience, using a variety of standard engineering or scientific methods and procedures, enable the professional engineer or scientist to develop increasing professional judgment and apply it progressively to more difficult tasks at Level 2.

 

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 higher level professional engineers or scientists for validity, adequacy, methods and procedures. With professional development and experience, work receives less review and the professional engineer or scientist progressively exercises more individual judgment until the level of competence at Level 2 is achieved.

 

The professional engineer or scientist may assign and check work of technical staff assigned to work on a common project.

 

Level 2 Professional Engineer/Level 2 Professional Scientist

 

Classification Level Definition

 

Following development through Level 1, is an experienced engineer or scientist (as defined) who plans and conducts professional engineering or scientific work without detailed supervision, but with guidance on unusual features, and who is usually engaged on more responsible engineering or scientific assignments requiring substantial professional experience.

 

Level 3 Professional Engineer/Level 3 Professional Scientist

 

Classification Level Definition

 

A professional engineer or professional scientist performing duties requiring the application of mature professional engineering or scientific knowledge. With scope for individual accomplishment and co-ordination of more difficult assignments, the professional engineer or scientist deals with problems for which it is necessary to modify established guides and devise new approaches.

 

The professional engineer or scientist may make some original contribution or apply new professional engineering or scientific approaches and techniques to the design or development of equipment or special aspects of products, facilities and buildings.

 

Recommendations may be reviewed for soundness of judgment, but are usually regarded as technically accurate and feasible. The professional engineer or professional scientist makes responsible decisions on matters assigned, including the establishment of professional engineering or scientific standards and procedures, consults, recommends and advises in speciality engineering or scientific areas.

 

Work is carried out within broad guidelines requiring conformity with overall objectives, relative priorities and necessary co-operation with other units. Informed professional engineering or scientific guidance may be available.

 

The professional engineer or professional scientist outlines and assigns work, reviews it for technical accuracy and adequacy and may plan, direct, co-ordinate and supervise the work of other professional and technical staff. 

 

Level 4 Professional Engineer/Level 4 Professional Scientist

 

Classification Level Definition

 

A professional engineer or scientist required to perform professional engineering or scientific work involving considerable independence in approach, demanding a considerable degree of originality, ingenuity and judgment and knowledge of more than one field of, or expertise (for example, acts as his\her organisation’s technical reference authority) in, a particular field of professional engineering or science. The professional engineer or scientist:

 

initiates or participates in short- or long-range planning and makes independent decisions on engineering or scientific policies and procedures within an overall program;

 

gives technical advice to management and operating departments;

 

may take detailed technical responsibility for product development and provision of specialised engineering or scientific systems, facilities and functions;

 

co-ordinates work programs; and

 

directs or advises on use of equipment and material.

 

The professional engineer or professional scientist makes responsible decisions not usually subject to technical review, decides courses of action necessary to expedite the successful accomplishment of assigned projects, and may make recommendations involving large sums or long-range objectives.

 

Duties are assigned only in terms of broad objectives and are reviewed for policy, soundness of approach, accomplishment and general effectiveness. The professional engineer or professional scientist supervises a group or groups including professional engineers or professional scientists and other staff, or exercises authority and technical control over a group of professional staff, in both instances engaged in complex engineering or scientific applications.

 

4.2        Salaries - The minimum award salaries for the classifications defined in subclause 4.1 of this clause, shall consist of the base rate of pay and the supplementary payment as set out in Table 1 - Salaries of Part B, Monetary Rates.

 

4.2.1     Supplementary payments as set out in the said Table 1- Salaries, represent payments in lieu of overaward payments.

 

4.2.2     It is expected that a graduate engineer or scientist will advance to experienced engineer or scientist following the progressive acquisition of skills and competence, and such employee’s competence and salary will be reviewed regularly during that period.

 

4.2.3     The rates of pay in this award include the adjustments payable under the State Wage Cases of August 1997 and June 1998. These adjustments may be offset against:

 

(a)        any equivalent overaward payments, and/or

 

(b)       award wage increases since 29 May 1991 other than safety net, State Wage case, and minimum rates adjustments.

 

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

 

6.1        An employee who is employed in or who is an applicant for employment covered by this award shall, if and when required to do so by his or her employer or an employer to whom he/she has applied for employment, produce to his or her employer or that employer written evidence that he/she possesses or has acquired the qualifications of a qualified engineer or scientist or experienced engineer or scientist (as the case may be).

 

6.2        Where an employee has failed to produce to his or her employer, or to an employer to whom he/she has applied for employment, written evidence that he/she possesses or has acquired the qualifications of qualified engineer or scientist or experienced engineer or scientist (as the case may be) and subsequently claims to be entitled to payment at the rate prescribed by this award for his or her employment by that employer in respect of any period during which he/she has failed to produce that evidence, it shall be a defence to the employer if the employer establishes that during the said period the employer did not know and had no reason to believe that the employee possessed or had required the qualifications of qualified engineer or scientist or experienced engineer or scientist (as the case may be).

 

 

 

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 favourable 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 malingering, neglect of duty 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 10, 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 hours of duty shall not be more than 38 per week, except as hereinafter provided.

 

8.2        An employee who, by agreement with his/her employer, is working a regular cycle including shorter or longer hours shall not have ordinary hours of duty which exceed an average of 38 per week over the cycle.

 

8.3        Where an employee is regularly directed to exceed 38 hours of duty per week (except as agreed in subclause 8.2 of this clause), in respect of that employee:

 

8.3.1     this factor should be taken into account in the fixation of annual remuneration: or

 

8.3.2     special additional remuneration should be granted; or

 

8.3.3     other compensation, such as time off in lieu, should be granted. In such cases, the employer shall promptly notify the employee concerned of the form and amount of such other compensation which is to be applied.

 

Provided that, where the employee is classified within Levels 1 and 2 of clause 4, Salaries and Classifications, then, in respect of the compensation or remuneration described in paragraphs 8.3.1, 8.3.2 and 8.3.3 of this subclause, such compensation or remuneration should be on the same penalty rate or equivalent thereto or upon the same conditions as applicable from time to time to the majority of employees employed in the particular establishment in which the employee is employed, except where otherwise mutually agreed in writing.

 

8.4        Where an employee is directed to work overtime beyond 6.30 p.m., the employee shall be paid a meal allowance as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, provided that the employee shall not be paid a meal allowance where he/she is notified on the previous day of the requirement to work beyond 6.30 p.m.

 

9.   Annual Leave and Annual Leave Loading

 

9.1        Annual Leave - The provisions of the Annual Holidays Act 1944, shall apply.

 

9.2        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:

 

9.2.1     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.

 

9.2.2     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.

 

10.   Redundancy

 

10.1      Application -

 

10.1.1   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.

 

10.1.2   In respect to employers who employ more than 15 employees immediately prior to the termination of employment of employees, the terms of subclause 10.4 of this clause shall apply.

 

10.1.3   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.

 

10.1.4   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.

 

10.2      Introduction of Change -

 

10.2.1   Employer’s Duty to Notify -

 

10.2.1.1            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.

 

10.2.1.2            "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.

 

10.2.2   Employer’s Duty to Discuss Change -

 

10.2.2.1            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 10.2.1 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.

 

10.2.2.2            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 10.2.1 of this subclause.

 

10.2.2.3            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.

 

10.3      Redundancy - Discussions Before Termination -

 

10.3.1   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 10.2.1.1 of paragraph 10.2.1 of subclause 10.2 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.

 

10.3.2   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 10.3.1 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.

 

10.3.3   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.

 

10.4      Termination of Employment -

 

10.4.1   Notice for Changes in Production, Program, Organisation or Structure -

 

10.4.1.1            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 10.2.1.1 of paragraph 10.2.1 of subclause 10.2 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

10.4.1.2            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.

 

10.4.1.3            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.

 

10.4.2   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 10.2.1.1 of paragraph 10.2.1 of subclause 10.2 of this clause.

 

10.4.2.1            In order to terminate the employment of an employee, the employer shall give to the employee three months notice of termination.

 

10.4.2.2            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.

 

10.4.2.3            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.

 

10.4.3   Time Off During the Notice Period -

 

10.4.3.1            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.

 

10.4.3.2            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.

 

10.4.4   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.

 

10.4.5   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.

 

10.4.6   Separation 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 Centrelink, or its successor.

 

10.4.7   Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in paragraph 10.2.1 of subclause 10.2 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.

 

10.4.8   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.

 

10.5      Severance Pay -

 

10.5.1   Where the employment of an employee is to be terminated pursuant to subclause 10.4 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:

 

10.5.1.1            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                          4 weeks

6 years and over                                               16 weeks

 

10.5.1.2            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

 

10.5.1.3            "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.

 

10.5.2   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 10.5.1 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 10.5.1 of this subclause will have on the employer.

 

10.5.3   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 10.5.1 of this subclause if the employer obtains acceptable alternative employment for an employee.

 

10.6      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.

 

 

 

 

11.   Public Holidays

 

11.1      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 Labor 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.

 

11.2      By agreement between any employer and employees, other days may be substituted for the said days or any of them.

 

11.3      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.

 

12.   Parental Leave Including Maternity, Paternity and Adoption Leave

 

The provisions of Chapter 2, Part 4, Division 1 of the Industrial Relations Act 1996 (NSW) shall apply.

 

13.   Long Service Leave

 

The provisions of the Long Service Leave Act 1955 (NSW) shall apply.

 

14.   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.

 

15.  State Personal/ Carers Leave Case - August 1996

 

15.1      Use of sick leave -

 

15.1.1   An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 15.1.3.2, 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 14, 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.

 

15.1.2   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.

 

15.1.3   The entitlement to use sick leave in accordance with this subclause is subject to:

 

15.1.3.1            the employee being responsible for the care of the person concerned; and

 

15.1.3.2            the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a defacto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step child, 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

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

1.          ‘relative’ means a person related by blood, marriage or affinity;

 

2.          ‘affinity’ means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.          ‘household’ means a family group living in the same domestic dwelling.

 

15.1.4   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.

 

15.2      Unpaid Leave for Family Leave

 

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 subclause 15.1.3.2 who is ill.

 

15.3      Annual Leave

 

15.3.1   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.

 

15.3.2   Access to annual leave, as prescribed in paragraph 15.3.1, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

15.3.3   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.

 

15.4      Time Off in Lieu of Payment for Overtime

 

15.4.1   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.

 

15.4.2   Overtime taken as time off during ordinary hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

15.4.3   If, having elected to take time as leave in accordance with paragraph 15.4.1 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.

 

15.4.4   Where no election is made in accordance with the said paragraph 15.4.1, the employee shall be paid overtime rates in accordance with the award.

 

15.5      Make-up Time

 

15.5.1   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), during the spread of ordinary hours provided for in the award, at the ordinary rate of pay.

 

15.6      Rostered Days Off

 

15.6.1   An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

15.6.2   An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

15.6.3   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.

 

15.6.4   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.

 

16.   Bereavement Leave

 

16.1      A professional engineer/scientist, other than a casual professional engineer/scientist, 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 16.3 of this clause. Where the death of a person as prescribed by the said subclause 16.3 occurs outside Australia, the professional engineer/scientist shall be entitled to up to two days bereavement leave where the professional engineer/scientist travels outside Australia to attend the funeral.

 

16.2      The professional engineer/scientist 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.

 

16.3      Bereavement leave shall be available to the professional engineer/scientist in respect to the death of a person prescribed for the purposes of clause 15, State Personal/Carer’s Leave Case - August 1996, and as set out in clause 15.1.3.2, provided that, for the purpose of bereavement leave, the professional engineer/scientist need not have been responsible for the care of the person concerned.

 

16.4      A professional engineer/scientist shall not be entitled to bereavement leave under this clause during any period in respect of which the professional engineer/scientist has been granted other leave.

 

16.5      Bereavement leave may be taken in conjunction with other leave available under subclauses 15.2, 15.3, 15.4, 15.5 and 15.6 of the said clause 15. In determining such a request, the employer will give consideration to the circumstances of the professional engineer/scientist and the reasonable operational requirements of the business.

 

17.   Travelling Expenses and Travelling Time

 

17.1      An employee shall be reimbursed all reasonable expenses incurred while travelling on the employer’s business.

 

17.2      Where duties involve excessive travel requirements, reasonable compensation for excess travelling time shall be agreed upon.

 

17.3      In cases where it is mutually agreed that an employee will be required to use his/her private vehicle on the employer’s business, the employee will be paid reasonable compensation of not less than the amount per kilometre set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for distance travelled.

 

 

18.   Grievance and Disputes Procedure

 

18.1      An employee shall notify an employer of the substance of the grievance and state the remedy sought.

 

18.2      A meeting between the employee and employer shall be held within five working days of notification. The meeting will be with the employee’s supervisor, unless the substance of the grievance suggest otherwise.

 

18.3      At the conclusion of the discussion, the employer must provide a response to the employee’s grievance and, if the matter is not resolved, must include reasons for not implementing any proposed remedy.

 

18.4      Normal work will continue while this process is being followed.

 

18.5      An employee may be represented by APESMA throughout the process. An employer may be represented by an industrial organisation of employers throughout the process.

 

19.   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.

 

20.   Duration of Award

 

This award rescinds and replaces the Professional Engineers (Private Industry) (State) Award published 14 June 1996 (293 I.G. 309), as varied, and shall take effect from the beginning of the first pay period to commence on or after 15 March 2000 and shall remain in force for a period of 12 months thereafter.

 

21.   Anti-Discrimination and Harassment Clause

 

21.1      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. (1)

 

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

 

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

 

21.4      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.

 

21.5      This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

(1)        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 21.1 above.

 

(2)        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 doctorines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.

 

2.          Delete Part B, Monetary Rates, and insert in lieu thereof the following:

 

PART B

 

MONETARY RATES

 

Adult Equivalent of the Adult Basic Wage: $6,330 per annum

 

Table 1 - Salaries

 

 

 

Classification/Class

Of Work

 

 

Base Rate

Per Annum

$

 

Supplementary

Payment

Per Annum

$

1st And 2nd Arbitrated Safety Net Adjustment

Per Annum

$

 

Award Salary

Per Annum

$

Level 1A (Professional Scientist (Graduate/Diploma - 3 year course)

 

 

 

23,644

 

 

 

3,523

 

 

 

2,397

 

 

 

29,564

Level 1 Professional Engineer/Level 1B Professional Scientist (Graduate 4 or 5 year course)

 

 

 

 

24,747

 

 

 

 

3,523

 

 

 

 

2,397

 

 

 

 

30,667

Level 2 Professional Engineer/Professional Scientist (Experienced)

 

 

30,454

 

 

4,336

 

 

2,292

 

 

37,082

Level 3 Professional Engineer/Professional Scientist

 

 

34,264

 

 

4,874

 

 

2,292

 

 

41,430

Level 4 Professional Engineer/Professional Scientist

 

 

39,971

 

 

5,691

 

 

2,292

 

 

47,954

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

$

1

8.4

Meal Allowance

8.00

2

17.3

Use of private vehicle

Not less than 0.48 per kilometre

 

 

 

 

 

 

 

3.          This variation shall take effect from the beginning of the first pay period to commence on or after 15 March 2000.

 

 

T. M. KAVANAGH  J.

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.

 

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