Crown Employees Conservation Field Staff Officers, (Department of Primary Industries and Regional Development) Award 2024

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Industrial Relations Secretary.

 

(Case No. 344244 of 2024)

 

 

AWARD

 

Clause No.        Subject Matter

 

PART A

 

1.         Title of Award

2.         Area, Incidence and Duration

3.         Definitions

4.         Parties

5.         Supersession

6.         Objectives of Award

7.         Contract of Employment

8.         Classifications and Rates of Pay

9.         Hours of Work

10.      Overtime

11.      Rostered Days Off

12.      Leave

13.      Allowances to Reimburse Expenses

14.      Inclement Weather

15.      First-Aid and Health and Safety Issues

16.      Work Apparel

17.      Tools and Protective Clothing

18.      Settlement of Disputes

19.      Anti-Discrimination

20.      Counselling and Discipline

21.      Contractors’ Protocol

22.      Agreed Procedures for Market Testing and Contracting Out

23.      Ongoing Award Review

24.      Deduction of Union Membership Fees

25.      No Extra Claims

 

 

MONETARY RATES

 

Schedule 1 - Wage Rates

Schedule 2 - Competency and Grading Alignment

Schedule 3 - Allowances

 

PART A

 

1.  Title of Award

 

This Award, made pursuant to Part 1, Division 1, clause 10 of the Industrial Relations Act 1996, will be known as the Crown Employees Conservation Field Staff Officers, (Department of Primary Industries and Regional Development) Award 2024.

 

2.  Area, Incidence and Duration

 

2.1      This Award covers all Conservation Field Officers as defined in subclause 3.5 assigned to a role in the Department of Primary Industries and Regional Development.

 

2.2      The employees regulated by this Award will be entitled to the conditions of employment as set out in this Award and, except where specifically varied by this Award, existing conditions are provided for under the Government Sector Employment Act 2013, Government Sector Employment Regulation 2014, the Government Sector Employment Rules 2014, Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 and the Crown Employees (Public Sector - Salaries 2024) Award; or any Awards varying or replacing these Awards.

 

2.3      This Award rescinds and replaces the Crown Employees Conservation Field Staff Officers, (Department of Industry, Skills, and Regional Development and NSW Office of Environment and Heritage) Reviewed Award 2022 published 16 December 2022 (393 I.G. 737) and all variations thereof.

 

2.4      This award has a nominal term of 3 years from 1 July 2024 with any increases to pay and work-related allowances effective from the first full pay period on or after 1 July 2024.

 

3.  Definitions

 

3.1      "Act" means the Government Sector Employment Act 2013.

 

3.2      "Appropriate Secretary" means - the Secretary of the Department of Primary Industries and Regional Development.

 

3.3      "Australian Qualification Framework (AQF)" means the policy for regulated qualifications in the Australian education and training system, administered by the Commonwealth Department of Education..

 

3.4      "Casual employee" means an employee engaged for a limited duration and paid on an hourly basis who receives a casual loading in lieu of all paid leave entitlements, including payment for public holidays.

 

3.5      "Conservation Field Officer" means an employee of the Department engaged before the making of this Award in one of the classifications of:

 

Mechanical Tradesperson

 

Fitter

 

Electrician

 

Plant Electrician

 

Painter

 

Carpenter

 

Plumber

 

Welder

 

Plant Operator

 

Crane Operator

 

Tractor Operator

 

Transport Driver

 

Labourer

 

Machineman

 

Driller

 

Cableway Operator

 

Dogman

 

Bore Gaugers Assistant

 

Construction Worker (General)

 

Rigger

 

Driller

 

Drill Operator

 

Pegman

 

Ganger

 

Surveyors Field Hand

 

Farm Assistant

 

Sand Drift Worker

 

Nursery Horticulturalist

 

Cleaner

 

Security Officer

 

General Service Officer

 

Canteen Worker

 

Earthmoving Operator

 

or who after the date of operation of this Award were assigned to a role as Conservation Field Officers but does not include any person who resigned or was terminated prior to that date.

 

3.6      “Department” means the Department of Primary Industries and Regional Development.

 

3.7      "Employee" means and includes all persons employed on an ongoing full time, ongoing part time, temporary or casual basis under the provisions of the Act who are assigned to a role classified under this Award in the Department.

 

3.8      "Employer" means the Industrial Relations Secretary on behalf of the Department of Primary Industries and Regional Development.

 

3.9      "Industrial Relations Secretary" means the employer of Public Service employees for the purposes of any industrial proceedings under section 50 of the Act. Under section 49 of the Act, the Industrial Relations Secretary is the Secretary of the Premier’s Department.

 

3.10    "Ministerial Leave Conditions" means the Uniform Leave Conditions for Ministerial Employees referred to in clause 12, Leave.

 

3.11    "Ongoing full-time employee" means an employee assigned to role on an ongoing full-time basis under the Act.

 

3.12    "Ongoing part-time employee" means an employee, subject to the provisions of the Act , who is engaged for less than 38 hours per week and who receives the same range of entitlements as an ongoing full-time employee, including sick leave and annual leave, but on a pro rata basis in proportion to the hours worked.  Ongoing Part-time employees do not receive a casual loading.

 

3.13    "Reasonable time limits" means sufficient time for all parties to familiarise themselves with the nature of the perceived problems taking into consideration the isolated situation in which these employees work.

 

3.14    "Regulation" means the Government Sector Regulation 2014.

 

3.15    "Role" means a role assigned to an employee under the provisions of the Act.

 

3.16    "Rules" means the Government Sector Employment Rules 2014.

 

3.17    "SBU" means the Single Bargaining Unit which is comprised of the parties to this Award as agreed by those parties.

 

3.18    "Temporary employee" means an employee engaged for a specific period or for a specific project.

 

3.19    "Union" means one or all of the union parties to the Award listed in subclause 4.1 to 4.7 below, as appropriate.

 

4.  Parties

 

The parties to this Award are:

 

4.1      The Australian Workers' Union, New South Wales.

 

4.2      Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch.

 

4.3      Construction, Forestry, Mining and Energy Union (New South Wales Branch).

 

4.4      Electrical Trades Union of Australia, New South Wales Branch.

 

4.5      United Workers’ Union, New South Wales Branch.

 

4.6      The New South Wales Plumbers and Gasfitters Employees’ Union.

 

4.7      Transport Workers' Union of New South Wales, and

 

4.8      The Industrial Relations Secretary (on behalf of the Department of Primary Industries and Regional Development).

 

5.  Supersession

 

The terms and conditions of this Award continue to replace the following terms and conditions (that were superseded by the 2022 Award), with exceptions where stated:

 

Surveyors Field Hands (State) Award (now rescinded)

 

Gangers (State) Award (now rescinded)

 

General Construction and Maintenance, Civil and Mechanical, Engineering, etc. (State) Award (now rescinded), with the exception that clause 25, Compensation for Travel Patterns, etc., will continue to apply where appropriate.

 

Plant Operators on Construction (PWD, etc.) Award (now rescinded)

 

Crown Employees (Transport Drivers, etc.) Award

 

Crown Employees (Skilled Trades) Award

 

Bore Gaugers and Assistants Agreement 5317 of 1977

 

Farm Assistants, Soil Conservation Service Agreement 2310 of 1981

 

Department of Conservation and Land Management Skilled Trades, etc. (Rates of Pay) Enterprise Agreement EA 146 of 1995 and all variations thereto, in so far as they apply to employees within the Department.

 

6.  Objectives of Award

 

6.1      The parties acknowledge that the Award is directed towards high quality and efficient services to the community and to the Department’s customers.

 

6.2      The parties acknowledge that the Award seeks to enhance the image and profile of the Department.

 

6.3      These objectives will be achieved through:

 

(a)       The review of current work practices to ensure that they are customer-focused and maximise the efficient and effective use of resources.

 

(b)       The acceptance of change and commitment to continuous improvement and productivity by both the management of the Department and its Conservation Field Officers.

 

(c)       The development of an organisation based upon teamwork, flexibility, competence and opportunities for organisational and personal development.

 

(d)       The review of current work patterns leading to more flexible working arrangements which better meet employee and customer needs.

 

(e)       Achievement of these objectives is expected to deliver savings in operating costs and genuine productivity gains and the parties agree that the savings arising out of achievement of those objectives will be shared with employees and will be reflected in the rates of pay prescribed under clause 8.

 

7.  Contract of Employment

 

7.1      Weekly Employment

 

(a)       Ongoing Full-time and Ongoing Part-Time employees will be engaged by the week.  An employee’s engagement may be terminated by either the employee or the appropriate Secretary providing one week's notice in writing or by payment or forfeiture, as the case may be, of one week’s wage in lieu of notice, provided that, in the case of misconduct, an employee’s engagement may be terminated without notice.

 

(b)       Casual employees are engaged by the hour and the engagement of a casual employee may be terminated without notice.

 

7.2      Pay Period

 

Ordinary pay will be paid for the current fortnight.  Adjustments for overtime, penalties and allowance will be paid either currently or a fortnight in arrears.

 

7.3      Payment Method

 

Wages will be paid via Electronic Funds Transfer (EFT) into a bank or other account, except in cases where this is not possible, in which case payment will be made by cheque.

 

7.4      Pay Advice

 

Before or at the time of payment of wages, each employee will be issued with a docket showing at least the gross amount of salary and the details of any deductions made from the employee’s earnings, in accordance with section 123 of the Industrial Relations Act 1996.

 

7.5      Payment on Termination

 

When an employee is terminated by the Department, the employee will be paid all wages due at the time of the employee’s termination on or before the employee’s next normal pay day.

 

8.  Classifications and Rates of Pay

 

8.1      Rates of Pay

 

(a)       The minimum weekly rates for ongoing full-time employees covered by this Award are as provided in Schedule 1.

 

(b)       Should there be a variation to the Crown Employees Wages Staff (Rates of Pay) Award 2024, or an Award replacing it, during the term of this Award, by way of a wage increase or some other benefit, this Award will be varied to give effect to any such wage increase, or other benefit, with effect from the operative date of the variation, or the replacement Award.

 

8.2      Rates of Pay for Casual Employees

 

Casual employees will be paid per hour at the rate of 1/38th of the applicable weekly rate for a full-time employee at the same classification level plus, subject to the provisions of clause 11:

 

(a)       for ordinary hours of work, a casual loading of 24.6%, in compensation for the disadvantages of casual work and in lieu of all paid leave entitlements, including annual leave (where 24.6% is the cumulative percentage obtained by applying a 15% casual loading and then applying a 8.33% loading in lieu of annual leave);

 

(b)       for overtime hours, a casual loading of 15%, in compensation for the disadvantages of casual work, with the hourly rate so obtained then being used as the ordinary rate of pay for the calculation of overtime; provided that casual employees will be paid for a minimum of 4 hours for each engagement.

 

8.3      Rates of Pay for Part-time Employees

 

Ongoing part-time employees will be paid a weekly rate determined by the following formula:

 

applicable rate ongoing for full-time employee at	x	(weekly hours of the ongoing part-time employee)
		38

 

at the same classification level

 

8.4      Classification of Employees

 

The classification of an employee will be determined by demonstrating the ability to undertake the capabilities provided for in the NSW Public Sector Capability Framework, as outlined in the role description and the level of responsibility and skill that the employee is required to exercise.  The responsibilities and skills required to be exercised at each level in the classification structure are defined in Schedules 1 and 2.

 

8.5      Purpose of Classification Structure

 

The classification structure is designed to:

 

(a)       recognise capabilities and competencies achieved and used;

 

(b)       group all employees covered by this Award into one of several (excluding trainees/apprenticeship) levels;

 

(c)       allow for career progression based on acquisition and use of capabilities and competencies as defined in subclause 8.4.

 

8.6      Supervision

 

Where an employee is required to supervise the work of other employees, they will be paid the appropriate allowance according to Schedule 3.  Provided that Conservation Field Officer Grade 5 and above will only be paid the allowance when supervising employees at their same level.

 

8.7      Classification Review Committee

 

The SBU will establish a subcommittee to review applications for re-grading, subject to the provisions of the Act, and based on capabilities and competency acquisition and use. Subject to subclause 8.8, notification of the results of the review by the subcommittee to the appropriate employee salaries section will be sufficient to regrade the role and the employee assigned to the role.

 

8.8      Disagreements about Classification Levels

 

Any disagreement about the classification level in which an employee is placed will be processed using the dispute procedures contained at clause 18.

 

8.9      Above Level Assignments

 

When Conservation Field Officers are required to perform above level assignments, they will be paid the appropriate above level assignment allowance in accordance with the provisions of clause 20 of the Regulation with the additional provision that it be paid after one day.

 

9.  Hours of Work

 

9.1      Ordinary Hours of Work

 

Subject to subclauses 9.2 and 9.3:

 

(a)       The ordinary hours of work for all employees, other than casual employees, covered by this Award, will be 8 hours per day worked over 57 days of each 12-week cycle.

 

(b)       The standard span of hours will be between 6.00 a.m. and 6.00 p.m. on each working day Monday to Friday.

 

9.2      Variation of Ordinary Hours of Work

 

(a)       The standard span of hours may be varied by mutual agreement between the Department and the majority of affected employees in a particular group, region, district or section to suit operational needs.

 

(b)       Ordinary hours of work may extend up to 10 hours on any one day.

 

9.3      Part-time Hours

 

Employees may work on a part-time basis, subject to the provisions of Part 5 of the Industrial Relations Act 1996, provided that:

 

(a)       the ordinary hours of duty are agreed between the employee concerned and the Department and fall within the same span of hours as applies or would apply to a full-time employee undertaking the duties concerned;

 

(b)       the ordinary working hours are fixed at not less than 4 hours per day worked; and

 

(c)       the Department will inform the relevant Union of the hours fixed for part time employees.  The Union will have 7 working days from the date of being advised to object to the agreement through the dispute procedures prescribed by clause 18. The Union will not unreasonably object to an agreement under this subclause.

 

10.  Overtime

 

10.1    Overtime Definition

 

Overtime is that time an employee is directed and authorised to work which is either:

 

(a)       in excess of 501 hours per settlement period; and/or

 

(b)       outside the span of hours, as established for each employee under clause 10.

 

Overtime will only be payable for time on duty at the worksite (notwithstanding the provisions of subclause 13.3).

 

10.2    Employees to Work Reasonable Overtime

 

(a)       Subject to paragraph 11.2(ii), the appropriate Secretary may require an employee to work reasonable overtime at overtime rates.

 

(b)       An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

For the purposes of this subclause, what is unreasonable or otherwise will be determined having regard to:

 

(i)        any risk to employee health and safety;

 

(ii)      the employee's prior commitments outside the workplace, particularly the employee’s family and carer responsibilities, community obligations or study commitments;

 

iii)       the urgency of the work to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services;

 

(iv)     the notice (if any) given by the appropriate Secretary of the overtime and by the employee of his or her intention to refuse it; and

 

(v)       any other relevant matter.

 

10.3    Overtime Rates

 

Overtime will be paid for at the rate of time and a half for the first 2 hours and thereafter at double time, to be calculated on the basis of each completed unbroken period of overtime; provided that double time will be paid for all work performed on Sundays and double time and a half will be paid for all work performed on public holidays.

 

10.4    Minimum Periods

 

An employee who works overtime:

 

(a)       on a Saturday, Sunday or public holiday; or

 

(b)       by being recalled after leaving work, prior to their next scheduled period of ordinary time duty,

 

will be paid for no less than 4 hours' work, at the appropriate rate.

 

10.5    Break from Duty

 

Following completion of overtime, an employee will either:

 

(a)       be released from resuming ordinary duty for an unpaid period of 10 consecutive hours, excluding travel; or

 

(b)       if required to resume or continue working without having had an unpaid break of 10 consecutive hours, excluding travel, be paid at the rate of double time until such a break is given.

 

Provided that, if the provision of an unpaid break under this subclause results in an employee performing less than 38 ordinary hours of duty in a week (paid at either ordinary or any other loaded rate), then any shortfall will be paid at ordinary rates.

 

10.6    Meal Breaks

 

(a)       Employees who have not been afforded a meal break of at least 30 minutes in duration, commencing by 1.00 p.m., will be paid overtime rates for all time worked between 1.00 p.m. and the time when they do receive a meal break of no less than 30 minutes.

 

(b)       Employees working overtime will be entitled to a paid meal break of 30 minutes:

 

(i)        after working 2 hours' overtime following the completion of a full period of ordinary time, where more than 2 hours' overtime is required;

 

(ii)      after working every 4 hours' overtime without a meal break; and

 

(iii)     where overtime on a Saturday, Sunday or public holiday continues after 12.00 noon, the break will occur between 12 noon and 1.00 p.m.

 

10.7    Meal Allowance

 

Employees who are directed to work overtime and who, through insufficient notice, need to buy meals will be paid a meal allowance for any meal break for which they are entitled under paragraph 10.6(b) at the rates specified in Schedule 3.

 

For the purposes of this subclause, sufficient notice will be 12 hours prior to commencement of overtime or such lesser period as is reasonable in the circumstances.

 

11.  Rostered Days Off

 

11.1    Entitlement

 

(a)       An employee’s ordinary hours will be worked on no more than 57 days in each 84-day cycle, Monday to Friday, with 3 days in each period being regarded as a rostered day off (RDO).  Each day of paid leave taken and any public holidays occurring during any cycle of 4 weeks will, for the purposes of this paragraph, be regarded as a day worked.

 

(b)       An employee who has not worked 57 days in a complete 84-day cycle will receive pro rata accrued entitlements for each day worked (or for each fraction of a day worked), payable for the rostered day off or, in the case of termination of employment, on termination.

 

11.2    Scheduling RDOs

 

(a)       An employee’s RDO will be scheduled in advance of each cycle in which it occurs, taking into account the interests of employees and ensuring that the Department’s operational needs are met having regard to seasonal, climatic and workload factors.

 

(b)       With a minimum of 12 hours' notice to affected employees and without penalty to the Department, RDOs may be rescheduled to satisfy operational needs.  Agreed substitute RDOs are to be provided by mutual agreement and may only be deferred under circumstances of emergency.

 

11.3    Accumulating RDOs

 

(a)       Employees may accumulate (bank) up to 10 RDOs.  Employees will be given an opportunity to take their accumulated RDOs at a time convenient to both the employee and the Department prior to the end of February in each calendar year.

 

(b)       Employees may take their accumulated RDOs by agreement with the appropriate manager:

 

(i)        consecutively to a maximum of 10 days; or

 

(ii)      by working 9-day fortnights; or

 

(iii)     by a combination of these 2 methods.

 

Employees may agree with their manager to defer taking some of their accumulated RDOs, provided that RDOs are not forfeited and provided that no more than 10 RDOs are accumulated at any one time.

 

(c)       Once scheduled, the only circumstances in which a "banked" RDO will be required to be worked is fire or similar state of emergency.

 

12.  Leave

 

12.1    General Provisions

 

The Department will be bound by the provision of the Uniform Leave Conditions for Ministerial Employees, subject to the amendments and additions specified in this clause.

 

12.2    Sick Leave

 

(a)       Sick leave will accrue on a calendar year basis, with the full annual entitlement being available from 1 January each year for employees employed as of that date.

 

(b)       New employees who commence after 1 January will receive a pro rata credit for that proportion of the calendar year remaining.  Sick leave taken during the first 3 months of employment will only be paid upon the completion of 3 months' service and following one month's continuous service without the taking of any sick leave, up to a maximum entitlement of 15 days' paid sick leave per annum.

 

(c)       Unused sick leave entitlements will accrue, in accordance with Ministerial Leave Conditions.

 

12.3    Parental Leave

 

The following table summarises the entitlements in this section. This table must be read with the relevant clauses. If there are inconsistencies, the provisions in the relevant clause will prevail.

 

Summary of parental leave provisions
Leave	Paid leave	Unpaid leave	Total leave
Parental Leave	14 weeks for a parent with caring responsibility associated with the birth, adoption, altruistic surrogacy or ongoing placement arrangement of a child	38 weeks	52 weeks
Bonus Paid Parental Leave	2 weeks for single parents or when both parents have taken any Paid Parental Leave offered by their employers		2 weeks
Special Pre-Term Birth Leave	From birth to the end of 36 weeks’ gestation for the parent with the caring responsibility of a child born before 37 weeks, then revert to full-term parental leave provisions		From birth to the end of 36 weeks
Leave for a Stillbirth (the birth of a baby without signs of life, at 20 or more completed weeks or where a child dies shortly after birth)	14 weeks for the employee who gave birth   2 weeks for an employee whose partner gave birth		14 weeks for the employee who gave birth 2 weeks for an employee whose partner gave birth
Requests to extend leave or return part time		52 weeks	52 weeks

 

12.3.1 Definitions

 

For the purpose of this clause:

 

(a)       “Altruistic Surrogacy” means a surrogacy arrangement as defined in the Surrogacy Act 2010 (NSW) and must not be a commercial surrogacy arrangement.

 

(b)       “De facto partner” means a person who is the employee’s partner and lives with them on a genuine domestic basis but is not legally married to the employee.

 

(c)       “Caring responsibility” means a person who meets the child’s physical needs, including feeding, dressing, bathing and otherwise supervising the child.

 

(d)       “Child” means:

 

(i)        For birth-related leave, a child (or children from a multiple birth) of the employee, employee’s partner or employee’s legal surrogate.

 

(ii)      For adoption-related leave, a child (or children) who the employee or the employee’s partner will adopt and is not the employee or employee’s partner’s child. The child (or children) is or will be under 18 years of age.

 

(iii)     For ongoing placement arrangement-related leave, a child (or children) under 18 years, placed in the permanent care of the employee or the employee’s partner.

 

(e)       “Confirmation of placement letter” means a letter from the Department of Communities and Justice (DCJ) or their accredited designated agency that:

 

(i)        confirms the employee is an authorised foster carer or relative/kinship carer who is or will be providing continuous care on an ongoing basis for a child or young person who is subject to a legal order allocating parental responsibility to the Minister; or

 

(ii)      confirms the employee is an authorised relative/kinship carer, authorised foster carer or other suitable person who is or will be providing continuous care on an ongoing basis for a child or young person for whom they hold parental responsibility under a legal order, including a guardianship order; and

 

(iii)     confirms the start date of the placement.

 

(f)       “Fertility treatment” means any of the following assisted reproductive technology treatments as defined in the Assisted Reproductive Technology Act 2007 (NSW) including but not limited to:

 

(i)        intrauterine insemination (IUI)

 

(ii)       in-vitro fertilisation (IVF)

 

(iii)     intracytoplasmic sperm injection (ICSI)

 

(iv)      Ovulation induction (OI).

 

(g)       “Full-term birth” means the birth of a live child from 37 weeks.

 

(h)       “Legal order” means an order made by the Children’s Court of NSW under the Children and Young Persons (Care and Protection) Act 1998 (NSW) including:

 

(i)        Parental Responsibility to the Minister (PRM), Relative/Kin (PRR) or Non-Relative (PNR) Interim Orders;

 

(ii)      Short Term Court Order (STCO) allocating parental responsibility to the Minister, Relative/Kin or Non-Relative for a period of at least 12 months;

 

(iii)     Parental Responsibility to the Minister (PRM), Relative/Kin (PRR) or Non-Relative (PNR) Long Term Care to 18 years Final Order; or

 

(iv)     Guardianship Order.

 

For the purposes of this definition, a legal order made by the Federal Circuit and Family Court of Australia under the Family Law Act 1975 (Cth) includes a final order allocating parental responsibility to relative/kin or suitable person to 18 years provided that the Department of Communities and Justice intervened as a party to the proceedings and the employee is an authorised carer eligible for the out-of-home care carer allowance.

 

(i)       “Legal surrogate” means the birth mother in a surrogacy arrangement as defined in the Surrogacy Act 2010 (NSW).

 

(j)       “Miscarriage” means a pregnancy that ceases before 20 weeks or where the number of weeks is unknown, or the baby weighed less than 400g.

 

(k)      “Ongoing placement arrangement” means the placement of a child or young person who is subject to a legal order of the Children’s Court of NSW or Federal Circuit and Family Court of Australia with an authorised foster carer, authorised relative/kinship carer or suitable person on an ongoing basis. Ongoing placements do not include informal arrangements or emergency, respite care or short-term care with a specified end date.

 

(l)        “Partner” means a spouse, de facto partner, former spouse or former de facto partner.

 

(m)      “Pre-term birth” means the birth of a live child before 37 weeks.

 

(n)      “Stillbirth” means the birth of a baby without signs of life, at 20 or more completed weeks or where a child dies shortly after birth.

 

12.3.2 Paid Parental Leave

 

(a)       Employees are entitled to up to 14 weeks Paid Parental Leave if:

 

(i)           they have or will have completed at least 40 weeks continuous service at the expected date of birth, adoption, altruistic surrogacy or ongoing placement, and

 

(ii)         they have or will have caring responsibility for the child (or children), or

 

(iii)        the employee is a legal surrogate and has or will have completed at least 40 weeks continuous service at the expected date of birth.

 

(b)       Paid Parental Leave must be taken within 24 months of the date of birth, adoption or altruistic surrogacy or ongoing placement.

 

(c)       Pregnant employees may start Paid Parental Leave up to 9 weeks before their expected date of birth.

 

(d)       Employees who are eligible for paid parental leave in accordance with subclause 12.3.2 (a) are entitled to an additional two weeks of Bonus Paid Parental Leave where both parents have exhausted any paid parental leave offered by their employer.

 

(e)       Employees who are single parents or whose partners do not have access to employer paid parental leave will be eligible for the full two weeks of bonus paid parental leave.

 

(f)       An employee is entitled to Bonus Paid Parental Leave, where it can be demonstrated that their partner:

 

(i)        has or will have exhausted the paid parental leave provided by their employer, or

 

(ii)      has no access to employer paid parental leave.

 

(g)       A maximum of two employees (if both are working in the NSW Government Sector) can access Paid Parental Leave under this clause per birth, adoption, altruistic surrogacy or ongoing placement arrangement except in the event of an altruistic surrogacy where three employees (two intended parents and one surrogate are all employed in the NSW Government Sector) will be entitled to access Paid Parental Leave.

 

(h)       Where an employee takes paid parental leave in respect of an ongoing placement arrangement and later adopts, becomes the legal guardian or cares for the child (or children) or young person/s under a different legal order, the employee is not entitled to access a further period of paid parental leave in connection with the adoption, guardianship order or other legal order of the same child (or children).

 

(i)        In the event that an ongoing placement arrangement ceases, and the employee no longer has responsibility for the care of the child/children, the employee must notify the employer as soon as practicable. At the cessation of an ongoing placement, the remaining period of paid parental leave ceases. The employer and employee should discuss alternative leave arrangements and/or a return-to-work date.

 

12.3.3 Unpaid Parental Leave

 

(a)       In addition, an employee is entitled to unpaid parental leave where:

 

(i)        the employee, their partner or their legal surrogate gives birth; or the employee or their partner adopts; or the employee or their partner have a child placed in the care of the employee or their partner as part of an ongoing placement arrangement, and

 

(ii)      the employee has or will have responsibility for the care of the child that is born, adopted or placed in an ongoing placement arrangement, or

 

(iii)     the employee is a legal surrogate who gives birth.

 

(b)       Subject to this clause the employee shall be entitled to be granted unpaid parental leave as follows:

 

(i)        For a pregnant employee, a period up to 9 weeks prior to the expected date of birth; and

 

(ii)      For all eligible employees, a further period of up to 12 months after the actual date of birth.

 

(c)       An employee on parental leave does not have to return to work to access a further period of parental leave.

 

(d)       Where an employee combines paid and unpaid parental leave, the total period of parental leave taken cannot exceed 12 months except where an employee has applied to extend their period of unpaid parental leave under subclause 12.3.6.

 

12.3.4 Calculation of Paid Parental Leave

 

(a)       Paid Parental Leave including bonus parental leave is calculated at the employee’s ordinary rate of pay at the time they take leave.

 

(b)       Paid Parental Leave may be paid:

 

(i)        in advance as a lump sum;

 

(ii)      fortnightly as normal;

 

(iii)     fortnightly at half pay; or

 

(iv)     as a combination of full and half pay.

 

(c)       A full-time employee who is on part-time leave without pay when they start parental leave is paid:

 

(i)        at the full-time rate if they began part-time leave 40 weeks or less before starting parental leave; or

 

(ii)      at the part-time rate if they began part-time leave more than 40 weeks before starting parental leave and have not changed their part-time work arrangements during the 40 weeks; or

 

(iii)     at the rate based on the average number of weekly hours worked during the 40-week period if they have been on part-time leave for more than 40 weeks but have changed their part-time work arrangements during that period.

 

(d)       An employee who commences a subsequent period of parental leave for another child within 24 months of commencing an initial period of parental leave will be paid:

 

(i)        at the full-time or part-time rate, they received before starting the initial leave if they have not returned to work; or

 

(ii)      at a rate based on the hours worked before they took the initial leave if they have returned to work and reduced their hours during the 24-month period; or

 

(iii)     at a rate based on the hours worked before the subsequent period of leave if they have returned to work and not reduced their hours.

 

12.3.5 Concurrency of Paid Parental Leave

 

Employees can take all Paid Parental Leave concurrently except in circumstances where both parents are employed at the same workplace and operational requirements may prevent concurrent leave. In these instances, employees may take up to four weeks Paid Parental Leave concurrently with their partner. Employees may request to take more than four weeks Paid Parental Leave concurrently with their partner in accordance with subclause 12.3.6.

 

12.3.6 Flexibility for taking Paid Parental Leave

 

(a)       An employee may request to use their Paid Parental Leave entitlement in ways other than a single continuous period. The Department Head will consider this request based on operational requirements and the employee’s personal and family circumstances.

 

(b)       Employees in the same NSW Government Sector workplace may also request to take more than four weeks of parental leave concurrently.

 

(c)       The Department Head may refuse a request on reasonable grounds based on the effect on the Department’s workplace including but not limited to:

 

(i)        that the new working arrangements requested would be too costly for the Department;

 

(ii)      that there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested;

 

(iii)     that it would be impractical to change the working arrangements of other employees, or recruit new employees, to accommodate the new working arrangements requested;

 

(iv)     that the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity; or

 

(v)       that the new working arrangements requested would be likely to have a significant negative impact on customer service.

 

(d)       The Department Head will consider and respond to the request in writing within 21 days.

 

(e)       If the Department Head agrees to the employee’s request to use their Paid Parental Leave entitlement in ways other than a single continuous period, the leave period must not extend beyond 24 months of the date of birth, adoption, altruistic surrogacy or ongoing placement of the child.  Any public holidays that fall during the leave will not extend the period of leave.

 

12.3.7 Other accrued leave in conjunction with parental leave

 

(a)       An employee may take available recreation leave or extended leave during the parental leave period as long as it does not extend the total period of parental leave.

 

(b)       An employee may take available recreation leave at half pay with parental leave provided that:

 

(i)        recreation leave at half pay is taken within the period of parental leave;

 

(ii)      the total period of parental leave is not extended beyond 24 months by the taking of recreation leave at half pay;

 

(iii)     the half-pay leave is converted to the full-time equivalent and treated as such for the purpose of accruing further recreation, extended and other leave at the full-time rate.

 

12.3.8 Pregnancy related illness and alternative duties

 

(a)       A pregnant employee who is sick during their pregnancy may take available paid sick leave, accrued recreation or extended leave, or sick leave without pay.

 

(b)       If a pregnant employee finds it difficult to perform their normal duties or there is a risk to their health or that of the unborn child, the Department Head must consult with the employee and take all reasonable steps to arrange safer alternative duties or adjustments.

 

(c)       Safer alternative duties or adjustments include but are not limited to:

 

(i)        having flexible working arrangements for when and where the employee performs their duties;

 

(ii)      changing duties temporarily;

 

(iii)     retraining;

 

(iv)     multiskilling;

 

(v)       redesigning their role.

 

(d)       If a pregnant employee gives the employer evidence that the employee is fit for work, but that it is inadvisable for the employee to continue in the employee’s normal duties, and safe alternative duties or adjustments cannot reasonably be provided, the Department Head must grant the employee paid no safe job leave until the end of the risk period, end of the employee’s pregnancy or expected commencement of parental leave, whichever is the earliest.

 

12.3.9 Further periods of parental leave

 

(a)       When an employee, their partner or their legal surrogate gives birth; or the employee or their partner adopts; or the employee or their partner have a child placed in the care of the employee or their partner as part of an ongoing placement arrangement while on parental leave, the employee is entitled to a further period of parental leave.

 

(b)       At the commencement of the new period of parental leave, any remaining unpaid parental leave from the former birth, adoption or ongoing placement arrangement ceases.

 

(c)       Any remaining paid parental leave from the former birth, adoption or ongoing placement arrangement may be retained but must be taken within 24 months of the former date of birth, adoption or altruistic surrogacy or placement of a child or children.

 

12.3.10           Leave for a pre-term birth

 

(a)       When an employee or their partner has a pre-term birth (before 37 weeks), the parent with caring responsibility is entitled to paid Special Pre-Term Parental Leave. This applies from the date of birth to the end of 36 weeks. Where both parents are NSW Government Sector employees, only one parent may access the leave.

 

(b)       An employee is entitled to paid special pre-term parental leave if they have or would have, if not for the pre-term birth, completed 40 weeks continuous service at the expected date of birth.

 

(c)       Paid Special Pre-Term Parental Leave starts from the date of the pre-term birth at full pay and the employee must take it in one continuous block up to the end of 36 weeks.

 

(d)       Immediately following the period of paid special pre-term parental leave and at the commencement of 37 weeks, special pre-term birth parental leave will cease, and an employee may commence parental leave in accordance with subclauses 12.3.2 and 12.3.3.

 

(e)       Where a pre-term child dies during a period of paid Special Pre-Term Parental Leave, the rest of that leave is replaced by up to 14 weeks’ Paid Parental Leave in accordance with subclause 12.3.2.

 

(f)       Employees cannot take paid Special Pre-Term Leave concurrently with any other form of leave.

 

(g)       When accessing paid Special Pre-Term Parental Leave, the employee must notify the Department Head as soon as practicable of:

 

(i)        the amount of leave required; and

 

(ii)      which other types of leave (if any) will follow the period of Special Pre-Term Parental Leave, including all paid and unpaid leave that employees propose to take, have applied for, or will take.

 

(h)       To access paid Special Pre-Term Parental Leave, the employee may need to provide evidence, such as:

 

(i)        a medical certificate showing the expected date of birth; or

 

(ii)      a statutory declaration or medical certificate confirming caring responsibility; or

 

(iii)     a medical certificate or a birth certificate showing the child’s actual date of birth.

 

12.3.11           Leave for a stillbirth

 

(a)          An employee who gives birth to a stillborn child has access to paid parental leave in accordance with subclause 12.3.2 or may elect to take available sick leave.

 

(b)         Where an employee’s partner gives birth to a stillborn child the employee can access two weeks Paid Parental Leave.

 

12.3.12           Leave prior to an adoption

 

(a)       In addition to the paid parental leave available at subclause 12.3.2, an employee seeking to adopt a child is entitled to up to two days unpaid special adoption leave to attend interviews or examinations as are necessary as part of the adoption process.

 

(b)       An employee may also use accrued leave entitlements or flexible working arrangements to attend interviews or examinations. This includes recreation leave, extended leave and where applicable, family and community service leave.

 

12.3.13           Right to request extension of unpaid parental leave and part-time return to work

 

(a)       To assist employees with parental responsibilities, an employee who has been granted parental leave in line with subclause 12.3.2, Paid Parental Leave, can apply to the Department Head to:

 

(i)        extend Unpaid Parental Leave for a further continuous leave period of up to 12 months provided the unpaid parental leave does not extend beyond 24 months from the birth, adoption or ongoing placement of the child; and/or

 

(ii)      return from full-time parental leave to work part time until the child reaches school age (including the option to return to work on part-time leave without pay).

 

(b)       An employee intending to apply to return from parental leave part time (in line with clause 12.3.13(a)(ii)) must write to the Department Head as soon as practicable. An employee can give notice at any time up to four weeks before their proposed return or extension of leave, or later if the Department Head agrees.

 

(c)       The Department Head will consider the request and the employee’s circumstances and respond in writing. The Department Head can only refuse the request on reasonable grounds based on the effect on the workplace or the Department Head’s business. This could include:

 

(i)        that the new working arrangements requested would be too costly for the Department;

 

(ii)      that there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested;

 

(iii)     that it would be impractical to change the working arrangements of other employees, or recruit new employees, to accommodate the new working arrangements requested;

 

(iv)     that the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity; or

 

(v)       that the new working arrangements requested would be likely to have a significant negative impact on customer service.

 

(d)       An employee on parental leave may change the period of leave once without the consent of the Department by providing at least 14 days’ notice in writing. Further changes may be made with the consent of the Department Head. 

 

(e)       An employee who has returned to full-time duty without exhausting their entitlement to 12 months unpaid parental leave is entitled to revert to unpaid parental leave. This may be done once only, by providing a minimum of 4 weeks’ notice (or less if the Department agrees).

 

12.3.14           Returning to work

 

(a)       An employee has the right to return to their former role if they have taken parental leave or returned to work part-time under right to request provisions, and they immediately resume duty after the approved leave or part-time work arrangement.

 

(b)       If the role occupied by the employee immediately prior to the taking of parental leave has ceased to exist, but there are other positions available that the employee is qualified for and is capable of performing, the employee will be appointed to a role of the same grade and classification as the employee’s former position.

 

(c)       An employee does not have the right to their former role if they return to work part time. If the Department Head approves an employee to return to work part time, the employee will be appointed to a role of the same grade and classification as their former role.

 

(d)       An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(a)       the employee or employee’s spouse is pregnant; or

 

(b)       the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

12.3.15           Notice requirements

 

(a)       The Department Head must inform employees of their entitlements and obligations under this section when it is made aware that an employee or their partner is pregnant, expecting a child through an altruistic surrogacy arrangement, is having a child placed with them as part of an ongoing placement arrangement or is adopting a child.

 

(b)       An employee who is an intended parent in an altruistic surrogacy arrangement must notify the Department Head at least 8 weeks before the expected due date. The employee must give the Department Head a copy of the pre-conception surrogacy altruistic surrogacy agreement. This agreement is provided for in the Surrogacy Act 2010 and can be redacted as necessary to protect non-employees’ privacy.

 

(c)       To access parental leave, an employee must give the Department Head written notice, eight weeks or as soon as practicable, before the expected start of their parental leave, of:

 

(i)        their intention to take leave; and

 

(ii)      the child’s expected date of birth, adoption, altruistic surrogacy or ongoing placement; and

 

(iii)     the employee’s role as carer of their child for the parental leave period.

 

(d)       At least four weeks before the expected commencement of parental leave, the employee must advise the Department Head of:

 

(i)        the date they intend to start parental leave; and

 

(ii)      the date they expect to return to work.

 

(e)       Once an employee or their partner gives birth, they must notify the Department Head of the date of birth as soon as convenient.

 

(f)       If an employee changes their intentions because of a pre-term birth or stillbirth, they must notify the Department Head as soon as practicable.

 

(g)       Before and during Paid Parental Leave, an employee must notify the Department Head of any changes to their circumstances that might affect their eligibility for this leave as soon as possible.

 

12.3.16           Evidence requirements

 

(a)       To access Paid Parental Leave, the employee must provide evidence of the birth, adoption, altruistic surrogacy or ongoing placement arrangement:

 

(i)        for a birth related leave, a medical or birth certificate showing the child’s expected or actual date of birth;

 

(ii)      for adoption related leave, an integrated birth certificate or certificate of adoption;

 

(iii)     for altruistic surrogacy related leave, the provision of documentary evidence of the altruistic surrogacy agreement and a statutory declaration advising of the intention to make application for a parentage order as required under the Surrogacy Act 2010. A copy of the parentage order (redacted as needed) does not need to be provided before accessing Paid Parental Leave if the order is not available before that time but must be provided as soon as it is obtained;

 

(iv)     for an ongoing placement arrangement, a confirmation of placement letter provided by the Department of Communities and Justice, or their accredited designated agency as defined in 12.3.1(i).  A copy of the legal order as defined in 12.3.1(g) (redacted as needed) does not need to be provided before accessing Paid Parental Leave if the order is not available before that time but must be provided as soon as it is obtained.

 

(b)       To access bonus paid parental leave Department Head may require evidence of this such as:

 

(i)        documents from the partner’s employer; or

 

(ii)      a statutory declaration from the employee.

 

12.3.17           Communication requirements

 

(a)       Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Department Head will take reasonable steps to:

 

(i)        make information available in relation to any significant effect the change will have on the status or responsibility level of the role the employee held before commencing parental leave; and

 

(ii)      provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the role the employee held before commencing parental leave.

 

(b)       The employee will take reasonable steps to inform the Department Head of any significant matter that will affect the employee’s decision about:

 

(i)        the duration of parental leave;

 

(ii)      whether they intend to return to work; and

 

(iii)     whether they intend to request to return to work part time.

 

(c)       The employee will notify the Department Head of any changes to their address and contact details which may affect the Employer’s capacity to comply with clause 12.3.17.

 

12.4    Leave related to miscarriage and fertility treatment

 

12.4.1 Leave for a miscarriage

 

12.4.1.1         When an employee or their partner miscarries, the employee is entitled to one week of paid Special Miscarriage Leave on each occasion a pregnancy ceases by way of miscarriage.

 

12.4.1.2         Paid Special Miscarriage Leave starts from the date of miscarriage. The employee must take this leave in one continuous block before they can take any other leave.

 

12.4.1.3         When accessing paid Special Miscarriage Leave, the employee must notify the Department Head as soon as reasonably practicable of:

 

(a)       the amount of leave required; and

 

(b)       the anticipated date of return to duty.

 

12.4.1.4         To access paid Special Miscarriage Leave an agency may request evidence, such as:

 

(a)       a medical certificate; or

 

(b)       an early loss certificate from the NSW Registry of Births, Deaths and Marriages.

 

12.4.2 Leave for fertility treatment

 

12.4.2.1         Employees can take up to one week of paid Special Fertility Treatment Leave each calendar year to undergo fertility treatment. This includes related medical appointments and travel required to access treatment.

 

12.4.2.2         Special Fertility Treatment Leave does not accumulate, and employees may take it in:

 

(a)       part days

 

(b)       single days

 

(c)       consecutive days.

 

12.4.2.3         Paid Special Fertility Treatment Leave is not available to the partner of the person undergoing fertility treatment.

 

12.4.2.4         When accessing paid Special Fertility Treatment Leave, the employee must notify the Department Head as soon as is reasonably practicable of:

 

(a)       the amount of leave required, and

 

(b)       when they expect to return to work.

 

12.4.2.5         To access paid Special Fertility Treatment Leave, the employee may need to provide a medical certificate that confirms the treatment.

 

12.5    Domestic and Family Violence Leave

 

12.5.1 Definitions

 

For the purpose of this clause:

 

(a)       “Domestic violence” is any behaviour in an intimate, family or domestic relationship, which is violent, threatening, coercive, controlling or causes a person to live in fear for their own or someone else’s safety. It may be a pattern of ongoing controlling or coercive behaviour.

 

(b)       An “intimate relationship” refers to people who are or have been in an intimate partnership, whether or not the relationship involves or has involved a sexual relationship, for example, married, engaged to be married, separated, divorced, de facto partners, couple promised to each other under cultural or religious tradition, or who are dating.

 

(c)       A “family relationship” has a broader definition and includes people who are related to another through blood, marriage or de facto partnerships, adoption and fostering relationships, sibling, and extended family relationships. It includes the full range of kinship ties in Aboriginal and Torres Strait Islander communities, and extended family relationships. People living in the same house may also be in a domestic relationship if their relationships exhibit dynamics which may foster coercive and abusive behaviours.

 

(d)       Examples of behaviours that constitute domestic and family violence include but are not limited to:

 

(i)        physical and sexual violence;

 

(ii)      verbal abuse;

 

(iii)     emotional or psychological abuse;

 

(iv)     stalking and intimidation;

 

(v)       technology facilitated abuse;

 

(vi)     social and geographical isolation;

 

(vii)    financial abuse;

 

(viii)   cruelty to pets;

 

(ix)     damage to property; or

 

(x)       threats to be violent in the above ways.

 

12.5.2 Employees, including casual employees, are entitled to 20 days of paid domestic and family violence leave in each calendar year. This leave is not cumulative.

 

12.5.3 Paid domestic and family violence leave is not pro-rata for part-time or casual employees.

 

12.5.4 Employees can take paid domestic and family violence leave in part-days, single days, or consecutive days. There is not a minimum number of hours that an employee must take in a day.

 

12.5.5 Employees experiencing domestic and family violence may take domestic and family violence leave including for the following purposes:

 

(a)       seeking safe accommodation or establishing safety;

 

(b)       attending medical, legal, police or counselling appointments relating to their experience of domestic and family violence;

 

(c)       attending court and other legal proceedings relating to their experience of domestic and family violence;

 

(d)       organising alternative care or education arrangements for their children or person(s) in their care;

 

(e)       other activities that will help them to establish safety and recover from their experience of domestic and family violence; or

 

(f)       any other purpose associated with the impact of experiencing domestic and family violence which is impractical to do outside of their normal hours of work.

 

12.5.6 Domestic and family violence leave does not need to be approved before it can be accessed. However, employees should advise their employer of the need to take domestic and family violence leave as soon as possible.

 

12.5.7 The leave entitlement can be accessed without the need to exhaust other available leave entitlements first.

 

12.5.8 The employer should only require evidence of the occurrence of domestic and family violence in exceptional circumstances and should use their discretion when assessing whether evidence is needed, and if so, what type of evidence.

 

12.5.9 Evidence of the occurrence of domestic and family violence may include:

 

(a)       a document issued by the police, a court, a domestic violence support service or a member of the legal profession;

 

(b)       a provisional, interim or final Apprehended Violence Order (AVO), Apprehended Domestic Violence Order (ADVO), certificate of conviction or family law injunction;

 

(c)       a medical certificate;

 

(d)       a statutory declaration by the employee experiencing domestic and family violence; or

 

(e)       any other evidence that would satisfy a reasonable person that domestic and family violence has occurred.

 

12.5.10           Evidence provided by an employee should be sighted and must be returned to the employee. The evidence must not be retained by the employer or stored on the employee’s personnel file.

 

12.5.11           The intent of paid domestic and family violence leave is to provide employees with the same remuneration as they would have received, inclusive of penalties that would have applied, if they did not take the leave.

 

12.5.12           Full-time and part-time employees are entitled to be paid at their full rate of pay for the hours they would have worked had they not taken the leave.

 

12.5.13           Casual employees will be paid at their full rate of pay for the hours they were rostered for and would have worked had they not taken the leave. For the purposes of this clause, “Rostered” means the employer has offered specific hours of work and the casual employee has accepted that offer.

 

12.5.14           Employers must keep personal information about domestic and family violence (including information about support provided by the employer) confidential. This includes not recording instances of or information about domestic and family violence leave on:

 

(a)       payslips,

 

(b)       the employee’s personnel file, or

 

(c)       rosters.

 

12.5.15           Any information regarding an employee’s experience of domestic or family violence, including any domestic and family violence leave or supports provided (under this clause or otherwise), can only be accessed by senior HR personnel or, with the employee’s consent, a relevant senior manager.

 

12.5.16           Employers must not take adverse action against an employee because they:

 

(a)       have experienced, or are experiencing, domestic and family violence;

 

(b)       use the paid domestic and family violence leave provisions; or

 

(c)       are a casual employee who declines to take a shift they are not rostered for because they are attending to a matter connected with domestic and family violence at that time.

 

12.5.17           The employer will provide support to an employee experiencing domestic and family violence, including but not limited to the provision of flexible working arrangements, including changing working times, work locations, telephone numbers and email addresses.

 

12.6    Leave for employees providing support to people experiencing domestic and family violence

 

12.6.1 Employees providing care and support to a member of their family or household experiencing domestic and family violence may, if the criteria are met, access Personal/Carers Leave entitlements consistent with clause 12.7.1 of this award.

 

12.6.2 The “family” or “household” member that the employee is providing care and support to must meet the definition of these terms as defined in clause 12.7.1(c).

 

12.6.3 If the employer needs to establish the reasons for an employee accessing existing leave entitlements under these provisions, the employee may be required to provide evidence consistent with subclause 12.7.1(b) of this award or any other form of evidence that is considered acceptable by the employer such as a statutory declaration.

 

12.6.4 Evidence provided by an employee should be sighted and must be returned to the employee. The evidence must not be retained by the employer or stored on the employee’s personnel file.

 

12.7    Personal/Carer’s Leave

 

12.7.1 Use of Sick Leave

 

(a)       An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 12.7.1(c)(ii), will be entitled to use, in accordance with this subclause, any sick leave accruing from 1 January 1998 in terms of subclause 12.2 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.

 

(b)       The employee will, if required, establish, either by production of a medical certificate or statutory declaration, the illness of the person concerned.

 

(c)       The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)        the employee being responsible for the care of the person concerned; and

 

(ii)      the person concerned being:

 

(1)       a spouse of the employee; or

 

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

 

(3)       a child or an adult child (including an adopted child, a stepchild, 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

 

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

 

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

 

I.          "relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

II.         "affinity" means a relationship that one spouse because of marriage has to the relatives of the other; and

 

III.       "household" means a family group living in the same domestic dwelling.

 

(d)       An employee will, wherever practicable, give the appropriate Secretary notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee will notify the appropriate Secretary by telephone of such absence at the first opportunity on the day of the absence.

 

12.7.2 Use of Annual Leave

 

An employee may elect with the appropriate Secretary’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

12.7.3 Unpaid Leave for Family Purpose

 

An employee may elect, with the consent of the appropriate Secretary, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in 12.7.1(c)(ii) who is ill.

 

12.7.4 Personal Carers entitlement for casual employees

 

(a)       Casual employees are entitled to not be available to attend work, or to leave work if they need to care for a family member described in 12.7.1(c)(ii) of the Award who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

This entitlement is subject to the evidentiary requirements set out below in (d), and the notice requirements set out in (e).

 

(b)       The appropriate Secretary and the casual employee will agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(c)       The appropriate Secretary must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the appropriate Secretary to engage or not to engage a casual employee are otherwise not affected.

 

(d)       The casual employee will, if required,

 

(i)        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, or

 

(ii)      establish by production of documentation acceptable to the appropriate Secretary or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, a casual employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

 

(e)       The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the appropriate Secretary of their inability to attend for duty. If it is not reasonably practicable to inform the appropriate Secretary during the ordinary hours of the first day or shift of such absence, the employee will inform the appropriate Secretary within 24 hours of the absence.

 

12.7.5 Bereavement entitlements for casual employees

 

(a)       Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in 12.7.1(c)(ii) of subclause 12.7, Personal/Carers Leave.

 

(b)       The appropriate Secretary and the employee will agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. 2 days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(c)       The appropriate Secretary must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an appropriate Secretary to engage or not engage a casual employee are otherwise not affected.

 

12.8    Annual Leave

 

(a)       An employee may elect, with the consent of the appropriate Secretary, to take annual leave not exceeding 10 days in single-day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)       Access to annual leave, as prescribed in paragraph 12.8(a), will be exclusive of any shutdown period provided for elsewhere under this Award.

 

(c)       Where applicable, an employee and the appropriate Secretary may agree to defer payment of annual leave loading in respect of single-day absences until at least 5 consecutive annual leave days are taken.

 

12.9    Time Off in Lieu of Payment for Overtime

 

(a)       An employee may elect, with the consent of the appropriate Secretary, to take time off in lieu of payment for overtime at a time or times agreed with the appropriate Secretary within 12 months of the said election.

 

(b)       Overtime taken as time off during ordinary time hours will be taken at the ordinary-time rate, that is, an hour for each hour worked.

 

(c)       If, having elected to take time as leave in accordance with paragraph 12.9(a), the leave is not taken for whatever reason, payment for time accrued at overtime rates will be made at the expiry of the 12-month period or on termination.

 

(d)       Where no election is made in accordance with paragraph 12.9(a), the employee will be paid overtime rates in accordance with the Award.

 

12.10  Make-up Time

 

An employee may elect, with the consent of the appropriate Secretary, to work "make-up time", under which the employee takes time off ordinary hours, and work those hours at a later time, during the spread of ordinary hours provided in the Award, at the ordinary rate of pay.

 

12.11  Public Holidays

 

Payment (to the extent which would ordinarily have been paid had the day been a working day) will be made for the following days:

 

New Year's Day, Australia Day, Anzac Day, Good Friday, Easter Monday, King's Birthday, Labour Day, Christmas Day, Boxing Day,

 

whenever celebrated, and all other gazetted holidays proclaimed to operate throughout the State of NSW.

 

12.12  Union Picnic Day

 

(a)       The picnic day will be held during the Christmas - New Year period.

 

(b)       All employees will, as far as practicable, be given and will take this day as picnic day and will be paid therefore as for 8 hours’ work at the rates of pay prescribed in this Agreement.

 

12.13  Recreation Leave Management

 

(a)       At least 2 consecutive weeks of recreation leave will be taken by an employee every 12 months, except by agreement in special circumstances.

 

(b)       When an employee has achieved an accrual of 30 days' recreation leave (maximum accrual without review is 40 days), their manager or supervisor will discuss the management of that accrued recreation leave with the employee, so that it may be taken at a time which suits the operational needs of the Department and the needs of the individual.

 

13.  Allowances to Reimburse Expenses

 

13.1    Reimbursement of Meal Allowances - No Overnight Stay

 

Expenses incurred by employees when they are directed to travel on official business, including outside their normal working hours, without having to remain away from home base overnight and where meals are not provided by the Department, will be reimbursed to the level specified under this subclause.  This entitlement to reimbursement is in lieu of any allowances which may otherwise apply under subclause 10.7.  Receipts will not be required to substantiate meal expenditures claimed up to the levels set out in Schedule 3.

 

13.2    Reimbursement for Accommodation and Meals - Overnight Stay

 

(a)       Where the employee is required to stay overnight and accommodation is not provided by the Department, the employee will be paid the actual cost of living expenses upon production of receipts plus the incidental expenses allowance as per Schedule 3.

 

(b)       Where the employee is required to stay overnight and accommodation is provided by the Department, the employee will be paid the appropriate daily meal allowance plus the incidental expenses allowance as per Schedule 3.

 

13.3    Travelling Time

 

(a)       Time spent travelling on official business during ordinary hours of work is regarded as on duty and is comprehended within an employee’s minimum rate of pay as prescribed by clause 8.  Time spent travelling on official business outside ordinary hours will attract additional payment or compensation, at the employee’s ordinary rate of pay, i.e. single time.

 

(b)       Where an employee is required to commence and/or finish work at a temporary work location, that is, not at their normal depot or workshop, they may be required to travel up to 20 minutes each way in their own time.  Any time spent travelling beyond 20 minutes will be compensated at the employee’s ordinary rate of pay, i.e. single time.

 

13.4    Camping Expenses

 

(a)       The Department may elect to provide camping facilities for which a camping allowance is paid.  The camping allowance is as prescribed in Schedule 3.

 

(b)       Where the employee is required to camp and camping facilities are not provided by the Department in accordance with paragraph 13.4(a), the camping equipment allowance prescribed in Schedule 3 will be paid.

 

14.  Inclement Weather

 

14.1    Definition

 

For the purposes of this clause, "inclement weather" means wet weather or abnormal climatic conditions such as hail, cold, high winds, severe dust storms, extreme high temperature or any combination thereof.

 

14.2    Continuation of Work

 

Appropriate functions can be carried out in inclement weather conditions, provided protective clothing of an agreed standard is issued. Decisions on working in inclement weather will rest with the supervisor after consultation with the employees affected and consistent with sound work health and safety principles.

 

15.  First-Aid and Health and Safety Issues

 

15.1    Where practicable, no less than one of the employees in each work group will have a recognised qualification in First-Aid.

 

15.2    A standard first-aid kit will be provided and maintained by the Department on all worksites to which this Agreement applies.

 

15.3    In the event of any serious accident, happening or serious sickness occurring to any employee whilst at work, in the camp or going to or from the camp, the Department will provide transport facilities to the nearest hospital or doctor at its expense.

 

15.4    Any employee who is appropriately qualified and is approved by the appropriate Secretary to perform first-aid duty to any work group will be paid a first-aid allowance in accordance with Schedule 3.

 

16.  Work Apparel

 

16.1    The Department will issue, free of cost to employees, the following work apparel:

 

Item	Number
Trousers	4
Shirt (long/short sleeves)	4 (any combination)
Wool jumper	1
Jacket	1

 

One pair of overalls may be substituted for any pants/shirt combination.

 

2 sweat shirts may be substituted for the woollen jumper.

 

When requested by Workshop employees, up to 2 pairs of shorts may be substituted for up to 2 pairs of (long) trousers (to be worn under overalls)

 

16.2    Work apparel will be replaced on a fair-wear-and-tear, new-for-old-exchange basis.

 

16.3    It is a condition of employment that employees must wear the work apparel that is issued to them by the Department whilst on duty.

 

16.4    Employees will be responsible for the cost of laundering and maintenance of work apparel issue to them.

 

17.  Tools and Protective Clothing

 

17.1    All tools required by employees will be provided free of charge by the Department.

 

17.2    The Department will supply and the employee will wear, where appropriate, protective equipment and clothing as required by the Work Health and Safety Act 2011 and Regulations as amended, e.g. hats, eye protection, overalls, etc.

 

17.3    Protective equipment and clothing remains the property of the Department and, on resignation, retirement or dismissal, will be returned to the Department, if requested.

 

17.4    An employee whose protective equipment and clothing is worn, spoiled or damaged due to the circumstances of their employment will have the clothing replaced at no cost to the employee.

 

18.  Settlement of Disputes

 

In accordance with the provisions of section 14 of the Industrial Relations Act 1996, the undermentioned procedures will be applied in the settlement of disputes:

 

18.1    Reasonable time limits as defined in subclause 3.13 must be allowed for discussion at each level of authority.

 

18.2    The employee, employees or their representatives are required to notify the Department (the supervisor in the first instance) (in writing or otherwise) as to the substance of the grievance/dispute, requesting a meeting with the Department (Supervisor) for initial discussions and stating the remedy sought.

 

18.3    Where a dispute arises in a particular section which cannot be resolved between the employees or their representative and supervising staff, it will be referred to the Department's, the Office or the employee’s Director, Industrial Relations or other nominated employee who may arrange for the matter to be discussed with the Union or Unions concerned.

 

18.4    Failing settlement of the issue at this level, the matter should be referred to senior management.  If the matter remains unresolved and if appropriate, the assistance of the appropriate Secretary may be requested. 

 

18.5    If the matter remains unsolved, it should be referred to the Industrial Relations Commission of NSW under section 130 of the Industrial Relations Act 1996.

 

18.6    Whilst these procedures are continuing, no stoppage of work or any form of limitation of work (excepting safety-related issues) will be applied.

 

19.  Anti-Discrimination

 

19.1    It is the intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

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

 

19.3    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.

 

19.4    Nothing in this clause is to be taken to affect:

 

(a)       any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)       offering or providing junior rates of pay to persons under 21 years of age;

 

(c)       any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)       a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

19.5    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.

 

(a)       The Department and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)       Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

20.  Counselling and Discipline

 

This clause will not apply where the actions and/or behaviour of an employee are such as to constitute grounds for dismissal in accordance with subclause 7.1.

 

20.1    Early Intervention and Informal Counselling

 

20.1.1 Poor performance should be dealt with as performance difficulties are identified.  For example:

 

(a)       agreed goals and targets are not achieved within a reasonable or agreed time;

 

(b)       agreed tasks are not performed; or

 

(c)       identified skills required are not demonstrated.

 

20.1.2 Informal counselling by the manager/supervisor of the employee should only occur under the following conditions:

 

(a)       The employee is given reasonable notice of the proposed informal counselling session and the purpose of the session.

 

(b)       The manager/supervisor should confine the counselling session to work performance, informing the employee of identified deficiencies in their performance by reference to the employee’s work plan.  The employee should be given the opportunity to respond to this information, which may or may not resolve the problem.  If unresolved, the manager/supervisor will verbally, and in writing, confirm the work performance issues requiring improvement, the targets to be achieved, and the timeframe.  The employee will also be informed of the next steps to be followed if improvements to work performance are not achieved within the required timeframe.

 

(c)       If possible, the outcome of informal counselling should be agreed by the employee and their manager/supervisor.  If the employee disagrees with the manager/supervisor’s views on their work performance and/or proposals to improve work performance, they are to be informed of their right to use the agency’s grievance and dispute resolution procedures.

 

(d)       Resolution of the employee’s grievance or dispute may result in the following:

 

(i)        no further action in regard to the employee’s work performance; or

 

(ii)      implementation of informal counselling outcomes; or

 

(iii)     formal counselling if the level of poor work performance cannot be effectively managed by informal counselling or the employee refuses to accept informal counselling outcomes; or

 

(iv)     administrative action if the work performance has been caused by organisational, personal or external factors.

 

(v)       Early and effective information counselling in most areas will address work performance problem and inform the employee that poor work performance is unacceptable.

 

20.2    Formal Counselling and Development of a Performance Improvement Plan

 

20.2.1 Formal counselling would normally be required in situations where:

 

(a)       performance is still poor after informal supervisory counselling;

 

(b)       the poor performance is beyond the scope of informal supervisory counselling;

 

(c)       the poor performance exists at a formal feedback point in the annual cycle of performance assessments; or

 

(d)       poor performance exists at the end of a probationary period.

 

20.2.2 A formal counselling session would normally be the responsibility of the employee’s line manager and conducted:

 

(a)       at a predetermined time and location;

 

(b)       with the employee having received adequate written notice of the purpose of the session, who will be in attendance, the poor work performance issues to be canvassed, proposed strategies to address poor work performance, consequences of continued poor performance and the purpose of a performance improvement plan;

 

(c)       in accordance with the agenda.  If there is no identified organisational, personal or external factors or deficiencies that can be attributed to the poor work performance, an agreed documented performance improvement plan should be developed by the manager/supervisor and employee;

 

(d)       with a support person in attendance (such a Union delegate or colleague) if desired by the employee.

 

(e)       The performance improvement plan should include agreed dates for progress reviews and be signed by the manager/supervisor and employee.

 

(f)       The employee’s rights in relation to formal grievance and dispute resolution procedures should be maintained which, depending on the outcome, may result in:

 

(i)        no further action in regard to the employee’s work performance; or

 

(ii)      implementation of formal disciplinary action if the employee has not good cause or reason to accept formal counselling; or

 

(iii)     alternative administrative action if the poor work performance is the result of organisational, personal or external problems.

 

(g)       At the end of a formal counselling session, the employee and their manager/supervisor should be fully aware of the future management of the employee’s work performance.

 

(h)       This information should be summarised in the formulation of a performance improvement plan. The performance improvement plan should be signed and a time agreed for the follow-up meeting.  A copy should be given to the employee.

 

20.3    Follow-up Review of the Performance Improvement Plan

 

20.3.1 At the agreed date, the supervisor and employee should review the employee’s performance and the remedial action taken as a result of the performance improvement plan.

 

20.3.2 Where it is agreed that the performance is satisfactory, this should be documented and future performance should continue to be assessed through the normal feedback cycle of the performance management system.  However, consideration should be given to setting an interim date for further counselling to assist the employee if required.

 

20.3.3 If the employee has failed to improve performance at the agreed date, the supervisor should consider further action including:

 

(a)       extension of the review period;

 

(b)       transfer to another location at an equivalent grade;

 

(c)       use of sanctions; and

 

(d)       disciplinary action.

 

(i)        As in the previous counselling session, the principles of maintaining accurate records, informing those involved and allowing adequate preparation time should be followed.

 

(ii)      Any decision or recommendation made should be conveyed to the employee in writing and include:

 

(1)       the decision or recommendation;

 

(2)       a summary of the procedure to date and the basis for the decision;

 

(3)       the consequence of the decision and, if applicable, the legislative basis under which any further action is being taken; and

 

(4)       advice on how to access further information and assistance if required.

 

(iii)     Where consideration is being given to either extension of the review period, or transfer, the matter should be discussed with the employee and agreement to proceed sought.  Otherwise, the agency’s grievance and dispute resolution mechanism could be utilised.  Failure to agree does not in itself preclude the proposed course of action but should raise serious doubts about the potential for success.

 

20.4    Use of Sanctions

 

(a)       If performance remains unsatisfactory after the formulation and review of the performance improvement plan, it may be appropriate to consider the use of sanctions.  The use of sanctions is intended to bring about an improvement in the performance of an individual.  Sanctions must be related to work performance only.  They may include the following:

 

(i)        extension of probation period;

 

(ii)      cancellation of increment;

 

(iii)     cancellation of flex time; and/or

 

(iv)     cancellation of access to study leave provisions.

 

(b)       Intended or actual use of any sanction must be approved at the appropriate managerial level and documented both in a written statement to the employee and in the revised performance improvement plan.

 

20.5    Misconduct Action

 

(a)       Where consideration is being given to disciplinary action, the procedures and provisions contained within the Act, the Regulation and the Rules will be followed. 

 

21.  Contractors’ Protocol

 

Where work is to be carried out by contract, including subcontract, the Department will:

 

21.1    ensure that all tenders are properly scrutinised to ensure that prospective tenderers would, if successful, be paying Award rates, providing Award conditions and complying with other statutory provisions and the Department’s specified standards, including but not limited to safe working procedures.

 

21,2    on being advised or otherwise becoming aware that a contractor or subcontractor is not paying Award rates, providing Award conditions or complying with any other statutory provisions, the Department will take necessary action to ensure that the situation is rectified.  Should the contractor or subcontractor continue to breach the provision, then appropriate action, including termination of contract, will, if appropriate, be implemented.

 

22.  Agreed Procedures for Market Testing and Contracting Out

 

Where work is presently carried out by the Department’s wages employees, the parties agree that the Government’s policy on Service Competition will be observed.

 

23.  Ongoing Award Review

 

23.1    A Single Bargaining Unit (SBU) will be established to monitor the viability of this Award and ensure adherence to the terms contained herein.

 

23.2    The appropriateness of this Award and the clauses contained within to the Department and the Unions will be reviewed by the SBU continually while this Award is operating.

 

23.3    This Award will continue to operate after its nominal expiry date unless the Department or the Union provide one month’s notice that it is to expire.

 

23.4    The SBU will be responsible for initiating and formulating any amendments to be developed and approved to this Award or replacement Award.

 

23.5    An Award developed by the SBU under subclause 23.4 will replace this Award on:

 

(a)       the date of commencement of such Award; or

 

(b)       another date,

 

as agreed between the Department and Unions.

 

24.  Deduction of Union Membership Fees

 

24.1    The Union will provide the appropriate Secretary with a schedule setting out Union fortnightly membership fees payable by members of the Union in accordance with the Union’s rules.

 

24.2    The Union will advise the appropriate Secretary of any change to the amount of fortnightly membership fees made under its rules.  Any variation to the schedule of Union fortnightly membership fees payable will be provided to the Department at least one month in advance of the variation taking effect.

 

24.3    Subject to subclauses 24.1 and 24.2, the Department will deduct Union fortnightly membership fees from the pay of any employee who is a member of the Union in accordance with the Union’s rules, provided that the employee has authorised the Department to make such deductions.

 

24.4    Monies so deducted from employee’s pay will be forwarded regularly to the Union together with the necessary information to enable the Union to reconcile and credit subscriptions to employees’ Union membership accounts.

 

24.5    Unless other arrangements are agreed to by the appropriate Secretary and the Union, all Union membership fees will be deducted on a fortnightly basis.

 

24.6    Where an employee has already authorised the deduction of Union membership fees from his or her pay prior to this clause taking effect, nothing in this clause will be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

25.  No Extra Claims

 

The Industrial Relations Commission recognises that the parties have provided an undertaking that other than as provided for in the Industrial Relations Act 1996, there will be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the Employees covered by the Award that take effect prior to the nominal expiry of the Award unilaterally made by a party to the Award unless otherwise agreed by the parties.

 

This undertaking does not prevent the Parties from continuing collaborative discussions during the life of the Award to deliver additional enhancements to remuneration and/or conditions of employment, and to achieve additional industry wide and systemic efficiencies and productivity improvements to the delivery of Government services to the public.

 

Changes to conditions or salaries may be jointly progressed and, if agreed, an application to vary the Award may be made by consent prior to the nominal expiry of the Award.

 

PART B

 

MONETARY RATES

 

Schedule 1 - Wage Rates

 

Schedule 1 - Wage Rates	From the first full pay period on or after 1.7.23	From the first full pay period on or after 1.7.24	From the first full pay period on or after 1.7.25	From the first full pay period on or after 1.7.26
	(4%)	(4%)	(3%)	(3%)
	$	$	$	$
Trainee	1018.40	1,059.10	1,090.90	1,123.60
Grade 1	1061.30	1,103.80	1,136.90	1,171.00
Grade II	1118.80	1,163.60	1,198.50	1,234.50
Grade III	1178.50	1,225.60	1,262.40	1,300.30
Grade IV	1211.20	1,259.60	1,297.40	1,336.30
Grade V	1279.60	1,330.80	1,370.70	1,411.80
Grade VI	1364.00	1,418.60	1,461.20	1,505.00
Grade VII	1431.90	1,489.20	1,533.90	1,579.90

 

Schedule 2 - Conservation Field Officers Proposed Tasks/Competency and Grading Alignment

 

This document outlines the work undertaken by Conservation Field Officers and the appropriate units of competence (competency) that aligns with the roles.  The relevant tasks and competencies have been matched to the proposed grading structure.

 

Work groups have been established to assist all stakeholders to validate the proposed structure.  The workgroups are:

 

Group 1	Farm Operations
Group 2	Water Operations
Group 3	Lands/Park Operations
Group 4	Dam Operations
Group 5	River Operations
Group 6	Fitters Operations
Group 7	Survey Field Operations
Group 8	Building Maintenance Operations
Group 9	Earthmoving Operations

 

The purpose of this document and format is to establish an understanding of the relationship between the roles undertaken and the competency achieved and the level or grade at which that role will be recognised.

 

The competencies identified for each work group and grade are nationally endorsed units of competence.  The units have been selected from various industry packages as examples of units of competence which reflect the roles undertaken by employees covered by the new consent Award. The selection of the competencies for each grade will be subject to ongoing review and replacement as the nature of roles and technology changes.  The identifying codes for each competency indicate the current source industry package.  Example competencies have been accessed from packages which include:

 

Rural Production, RTE03

 

Amenity Horticulture, RTF03

 

Conservation and Land Management, RTD02

 

Water Industry, NWP01

 

Asset Maintenance, PRM04

 

Asset Security, PRS03

 

Civil Construction, BCC03

 

General Construction, BCG03

 

Metal and Engineering Industry, MEM98

 

Public Safety, PUA00

 

Forest and Forest Products Industry, FPI99

 

Extractive Industry, MNQ03

 

Laboratory Operations, PML99

 

Automotive Industry Retail, Service and Repair

 

Business Services, BSB01

 

Transport and Distribution, TDT02

 

Sea Food Industry, SFI04

 

Electrotechnology, UTE99

 

Property Development and Management, PRD01

 

National Public Services, PSP99

 

When reviewing the relevant section/s of this document, stakeholders need to confirm that the competencies are representative of the type of roles carried out in their respective workgroups.  The refinement of identifying the specific competencies to roles will be addressed in the transitional arrangements which will proceed outside the formal Award.

 

Following is the grading structure and the proposed task/competency alignments for each work group:

 

COMPETENCY/GRADING ALIGNMENT CONSERVATION FIELD OFFICERS

 

Trainee		Grade 1		Grade 2		Grade 3
Entry/induction training to align with achieving Grade 2 competencies.		Achievement of a selected number of Entry Level competencies required.   Competencies selected are a mix of generic and operational competencies applied in a narrow range of areas.   This grade equates to about half of Grade 2 requirements.		Working at this level defines a competent Conservation Field Officer undertaking a moderate range of operational tasks.   Completion of competencies at this level predominantly fit with to national certificate AQF Level.		Achievement of limited number of operational competencies selected from a higher level enables an employee to be recognised for specialisation which may not be required full-time.   Reflects work undertaken mainly at Level 2 with some additional competencies from Level Grade 3.

 

Grade 4		Grade 5		Grade 6		Grade 7
Achievement of additional competencies required.   Roles undertaken at this level relates to the application of relevant theoretical knowledge and a range of well-developed skills.   Predominantly equates with national certificate AQF Level 3		Achievement of additional competencies required.   Roles undertaken at this level relates to the application of relevant theoretical knowledge and a range of well-developed skills.   Some work is from a higher level.   Predominantly equates to a higher national certificate AQF Level 3.		Specialised competencies required to progress to this grade.   Roles undertaken at this level reflects a broad knowledge base, application of solutions to a defined range of broad unpredictable problems and skill in a range of areas with depth in some.   Roles undertaken at this level equates to AQF Level 4 and reflects the application of technical skills to a range of situations.		Specialised competencies required to progress to this grade.   Provides recognition of advanced technical trade skills and or qualifications beyond those of Grade 6.   Predominantly equates with to a higher national certificate AQF Level 4.

 

Trainee:

 

Entry/induction training to align with achieving Grade 2 competencies.

 

Completion of relevant induction training program to be confirmed in transitional arrangements.

 

Grade 1 Progression Criteria:

 

Achievement of a selected number of entry level competencies required.

 

Competencies selected are a mix of generic and operational competencies applied in a narrow range of areas.

 

This grade equates to about half of Grade 2 requirements.

 

The requirements for progression from Trainee to Grade 1 is the completion of the appropriate units (detailed in the relevant grading handbook) that reflect work recognised at this grade.

 

Grade 2 Progression Criteria:

 

Achievement of additional competencies required.

 

Working at this level defines a competent Conservation Field Officer undertaking a moderate range of operation tasks.

 

Completion of competencies at this level align to national certificate AQF Level 2.

 

The requirements for progression from Grade 1 to Grade 2 is the completion of the appropriate units (detailed in the relevant grading handbook) that reflect work recognised at this grade and the availability of work at the higher grading.

 

Grade 3:

 

Achievement of limited number of operational competencies selected from a higher level.

 

Enables an employee to be recognised for specialisation which may not be required on an ongoing basis.

 

Reflects roles undertaken between Grade 2 and Grade 4.

 

The requirements for progression from Grade 2 to Grade 3 is the completion of the appropriate units (detailed in the relevant grading handbook) that reflect work recognised at this grade.

 

Grade 4:

 

Achievement of additional competencies required.

 

Roles undertaken at this level relates to the application of relevant theoretical knowledge and a range of well-developed skills.

 

Aligns to national certificate AQF Level 3.

 

The requirements for assignment to a role at Grade 4 are the completion of the appropriate units (detailed in the relevant grading handbook) that reflect work recognised at this grade and the availability of work at the higher grading.

 

Grade 5:

 

Achievement of additional competencies required.

 

Roles undertaken at this level relates to the application of relevant theoretical knowledge and a range of well-developed skills. Some work is from a higher level

 

Aligns to higher national certificate AQF Level 3.

 

The requirements for assignment to a role at Grade 5 are the completion of the appropriate units (detailed in the relevant grading handbook) that reflect work recognised at this grade and the availability of work at the higher grading.

 

Grade 6:

 

Achievement of additional competencies required.

 

Roles undertaken at this level reflects a broad knowledge base, application of solutions to a defined range of unpredictable problems and skill in a broad range of areas with depth in some.

 

Aligns to national certificate AQF Level 4.

 

The requirements for assignment to a role at Grade 6 are the completion of the appropriate units which reflect work recognised at this grade and the availability of work at the higher grading.

 

Grade 7:

 

Achievement of additional competencies required.

 

Provides recognition of advanced technical trade skills and or qualifications beyond those of Grade 6.

 

Aligns to higher level national certificate AQF Level 4.

 

The requirements for assignment to a role at Grade 7 are the completion of the appropriate units which reflect work recognised at this grade and the availability of work at the higher grading

 

Schedule 3 - Allowances

 

Table A - Work Related Allowances

 

(Subject to variations to Schedule C of the Crown Employees Wages Staff (Rates of Pay) Award 2024)

 

Clause No.	Description and Authority	From the first full pay period on or after 1.7.23 (4%) $	From the first full pay period on or after 1.7.24 (4%) $	From the first full pay period on or after 1.7.25 (3%) $	From the first full pay period on or after 1.7.26 (3%) $
8.6	Supervision Allowance	52.80	54.90	56.50	58.20
15.	First Aid Allowance	3.86	4.01	4.13	4.25

 

Table B - Expenses Related Allowances

 

(Subject to variations to Table 1 - Allowances of Part B, Monetary Rates of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009)

 

Clause No.	Description and Authority	From the first full pay period on or after 1.7.23	From the first full pay period on or after 1.7.24	From the first full pay period on or after 1.7.25	From the first full pay period on or after 1.7.26
		$	$	$	$
10.7	Meal Allowance (Overtime)	$35.65	$37.65	$38.65	Per ATO
	Breakfast: where required to start work before 6.00 am
	Lunch: for overtime required to be worked after 1.30 pm on Saturdays, Sundays and public holidays
	Dinner: when required to work after 6.00 pm
13.1	Reimbursement of meal allowances - no overnight stay (part day travel)	Per ATO	Per ATO	Per ATO	Per ATO
	Breakfast: when travel starts before 6.00 am
	Lunch: when employee unable to have lunch at normal workplace
	Dinner: when employee works and travels after 6.30 pm
13.2	Incidental Expenses Allowance when claiming actual expenses for overnight accommodation and meals or where accommodations provided by employer expenses for overnight accommodation and meals or where accommodations provided by employer.	23.00	23.95	24.50	Per ATO
	Camping Allowance	From 1 July 2023 7.3% increase (March 2023 Sydney CPI) $	From 1 July 2024 3.8% increase (March 2024 Sydney CPI) $	From 1 July 2025 2.3% increase (March 2025 Sydney CPI) $	From 1 July 2026 (March 2026 Sydney CPI) $
13.4(i)	Established Camp	38.70	40.20	41.10	Per CPI
	Non established Camp	51.20	53.10	54.30	Per CPI
	Additional allowance in excess of 40 nights per annum	12.20	12.70	13.00	Per CPI
13.4(ii)	Camping equipment allowance	38.40	39.90	40.80	Per CPI
	Bedding and/or sleeping bag allowance	6.50	6.70	6.90	Per CPI

 

Incidental Expenses Allowance when claiming actual expenses for overnight accommodation and meals or where accommodations provided by employer.

 

 

 

D. CHIN J, Vice President

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.