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.