Crown Employees (Heritage Stoneworks) Wages Staff Award 2021

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Industrial Relations Secretary.

 

(Case No. 342942 of 2024)

 

 

AWARD

 

PART A

 

1.  Arrangement of Award

 

Clause No.        Subject Matter

 

PART A

 

1.         Arrangement of Award

2.         Definitions

3.         Parties

4.         Incidence and Period of Operation

5.         Workplace Reform

6.         Categories of Employment

7.         Rates of Pay

8.         Allowances

9.         Pay Arrangements

10.      Hours of Work

11.      Overtime

12.      Career Development and Training

13.      Rostered Days Off

14.      Relocation Package

15.      Leave

16.       Parental Leave

17.      Leave Related to Miscarriage and Fertility Treatment

18.       Domestic and Family Violence Leave

19.       Leave for Employees Providing Support to People Experiencing Domestic and Family Violence

20.      Grievance and Dispute Resolution

21.      Anti-Discrimination

22.      Consultative Arrangements

23.      Workplace Representatives

24.      Deduction of Union Subscriptions

25.      Relationship to Awards, Agreements etc.

26.      Award Safety Net

27.      No Extra Claims

 

Appendix One - Definition, Scope of Work, Level of Skill and Quality, Safety and General Responsibilities of Staff Members

Appendix Two - Apprentices

Appendix Three - Competency Based Promotion

 

PART B - RATES, AND ALLOWANCES

 

RATES

 

Table 1A - Wages Classification and Salary Schedules

Table 1B - Survey and Spatial Classification and Salary Schedule

Table 1C - Apprentices Classification and Salary Schedule

Table 2A - Wage Related Allowances

Table 2B - Expense Related Allowances

 

2.  Definitions

 

2.1      "Department" and "employer" means the NSW Department of Planning, Housing and Infrastructure.

 

2.2      "Secretary" means the Industrial Relations Secretary, as established under the Government Sector Employment Act 2013.

 

2.2      "Wages Staff", "staff" "staff member" and "employee" means a person engaged under the terms and conditions of this Award by the Department.

 

2.3      "Award" means any award made pursuant to the provisions of the Industrial Relations Act 1996.

 

2.4      "Enterprise Agreement" means an Agreement made pursuant to Section 29 of the Industrial Relations Act 1996.

 

2.5      "Union" means the:

 

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

 

The New South Wales Plumbers and Gasfitters Union;

 

Electrical Trades Union of Australia, New South Wales Branch;

 

The Australian Workers' Union, New South Wales;

 

having regard to their respective coverage.

 

2.6      "WH&S" means work, health and safety as defined by the Work, Health and Safety Act 2011 (NSW).

 

2.7      “Appropriate officer of the employer” means the applicable manager and/or supervisor employed at Heritage Stoneworks.

 

3.  Parties

 

3.1      This Award has been made pursuant to Section 10 of the Industrial Relations Act 1996 by the following parties:

 

NSW Department of Planning, Housing and Infrastructure.

 

Industrial Relations Secretary

 

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

 

The New South Wales Plumbers and Gasfitters Union

 

Electrical Trades Union of Australia, New South Wales Branch

 

The Australian Worker’s Union, New South Wales

4.  Incidence and Period of Operation

 

4.1      This Award will apply to all existing and future wages employees in the Department, engaged under this Award. Such employees are deployed throughout the State of New South Wales as required by the Department to meet client service obligations.

 

4.2      This Award will operate from the first full pay period on or after 1 July 2024, and remains in force for three years.

 

4.3      The contents of this Award may be varied in accordance with Section 17 of the Industrial Relations Act 1996.

 

4.4      This award rescinds and replaces the Crown Employees (Heritage Stoneworks) Wages Staff Award 2021 published 1 December 2023 (395 I.G. 1387).

 

5.  Workplace Reform

 

5.1      The parties to this Award agree that the process of continual improvement and workplace reform will continue in order to achieve the business objectives of the Department.

 

5.2      Workplace Reform includes:

 

5.2.1   consultation with the parties on implementation.

 

5.2.2   ensuring equal employment opportunity and recognition of merit.

 

5.2.3   an emphasis on developing conceptual and strategic skills, focusing on value-adding activities.

 

5.2.4   the redesign of jobs and multi skilling initiatives following the implementation of the Department’s wage structure.

 

5.2.5   the elimination of artificial barriers in career paths and provision of relevant supervisory and managerial training.

 

5.2.6   benchmarking against comparative private sector organisations.

 

5.2.7   making changes to working arrangements through consultation and cooperation.

 

5.2.8   workplace communication to ensure there is a clear and common understanding of Department’s objectives.

 

5.2.9   innovation and risk taking, within a clearly defined framework of accountability and ethical behaviour.

 

6.  Categories of Employment

 

6.1      The usual basis for the engagement of an employee covered by this Award is as an ongoing employee, unless the employee is engaged:

 

6.1.1   for a specified term ("temporary employee"); or

 

6.1.2   for the duration of a specified task ("temporary employee"); or

 

6.1.3   for duties that are irregular, intermittent, short-term, urgent or other work as and when required ("casual employee").

 

6.2      A person may be engaged as an employee on a full-time or part-time basis.

 

6.3      At the time of engagement the employer will inform each employee in writing of the conditions of engagement, including:

 

6.3.1   the type of employment;

 

6.3.2   whether a probationary period applies and, if so, the expected duration of the period;

 

6.3.3   whether there are any citizenship or residency requirements that apply to the position;

 

6.3.4   whether there are any formal qualifications or security, health or other clearances that are requirements of the position;

 

6.3.5   if the person is engaged for a specified term, the relevant reason or purpose and the specified term;

 

6.3.6   if the person is engaged for the duration of a specified task, the task in relation to which the person has been engaged and the estimated duration of the task; and

 

6.3.7   a list of the main instruments governing the terms and conditions of their employment.

 

6.4      Employees in any classification may be employed as regular part-time employees for an agreed number of regular hours per week, which is less than the ordinary hours of duty specified in this Award. Regular part-time employees will receive, on a pro rata basis, equivalent pay and conditions to those of a full-time employee. In relation to expense related allowances, the employee will receive entitlements specified in the relevant clauses of this Award.

 

6.5      Proposals for part-time employment may be initiated by the employer for operational reasons or by an employee for personal reasons. No pressure will be exerted on full-time employees to convert to part-time employment or to move to other duties to make way for part-time employment.

 

6.6      Where a proposal is initiated by an employee, the employer will have regard to the personal reasons put by the employee in support of the proposal and to operational requirements.

 

6.7      The written agreement of a full-time employee will be obtained before the employee's hours are varied.

 

7.  Rates of Pay

 

7.1      The classifications and salary rates are set out in Table 1A - Wages Classification and Salary Schedules of this Award.

 

7.2      The Definition, Scope of Work, Level of Skill and Quality, Safety and General Responsibilities for each level is detailed in the 12 Level classification structure, set out at Appendix 1.

 

7.3      Progression from Level 6 to Level 7 and from Level 10 to Level 11 will be on the basis of satisfactory performance and the demonstration of appropriate competency. Such progression will be on the determination of the Department.

 

7.4      Employees required to hold trade certificates, or the equivalent, for the below named trades will be paid a Special Allowance for all purposes of this Award in Table 2A:

 

7.4.1   Stonemason-carvers in item 28

 

7.4.2   Electricians in item 29

 

7.4.3   Plumbers (Welders special) in item 30

 

8.  Allowances

 

8.1      In general, the conditions of the Crown Employees (Skilled Trades) Award will apply to employees except as provided by this Award. This is to simplify administration and provide consequent savings.

 

8.2      Specific conditions relating to items listed below will operate as provided by this clause:

 

8.2.1   Fares and Travelling Time

 

8.2.2   Payment for Loss of Tools

 

8.2.3   Tool Allowance

 

8.3      Fares and Travelling Time

 

8.3.1   An allowance listed in Table 2B, item 43, comprising of an amount for fares and for travelling time, (including the Rostered Day Off) will be paid to employees to compensate for fares and travelling time to and from places of work, provided that only the travelling time component of the allowance will be payable if the Department provides, or offers to provide transport free of charge to the employee and that offer is refused.

 

8.3.1.1            An employee, who on any day is required to work at a site away from their accustomed workshop and who will, at the direction of the Department, present for work at such site at the usual starting time, will be paid this allowance for each such day.

 

8.3.1.2            Where an employee is sent during working hours from a shop to a site, or a site to a shop, or from shop to a shop, or from a site to a site, the Department will pay all travelling time and fares incurred in addition to the amounts the Department may be liable to pay under this clause.

 

8.3.2   Where an employee is required to use their private vehicle to transfer from one work site to another during working hours the employee will be paid an allowance listed in Table 2B at item 42.

 

8.3.3   An employee using a motor vehicle for work must have for the vehicle a valid Third Party insurance policy and a comprehensive motor vehicle insurance policy to an amount and in a form approved by the Department.

 

8.3.4   The provisions of this subclause do not apply to employees classified as Staff (Wages) Level 8 or above.

 

8.4      Payment for Loss of Tools

 

8.4.1   An employee will be reimbursed by the Department to a maximum amount listed in Table 2B item 46 for loss of tools or clothes by fire or breaking and entering whilst securely stored at the direction of the Department in a room or building on Department premises, job or workshop or in a lock-up or if the tools are lost or stolen while being transported by the employee at the Department’s direction, or if the tools are accidentally lost over water or if tools are lost or stolen during an employee's absence after leaving the job because of injury or illness.

 

8.4.2   Provided that an employee transporting their own tools will take all reasonable care to protect those tools and prevent theft or loss.

 

8.4.3   Where an employee is absent from work because of illness or accident and has advised Department, then the Department will ensure that the employee's tools are securely stored during the employee's absence.

 

8.4.4   Provided that for the purposes of this subclause:

 

8.4.4.1            Only tools used by the employee in the course of their employment will be covered by this subclause.

 

8.4.4.2            The employee will, if requested to do so, furnish the Department with a list of tools so used.

 

8.4.4.3            Reimbursement will be at the current replacement value of new tools of the same or comparable quality.

 

8.4.4.4            The employee will report any theft to the police prior to making a claim on the Department for replacement of stolen tools.

 

8.4.4.5            It is assumed that the Department has directed staff to store their tools (as detailed above) unless otherwise directed not to.

 

8.5      Tool Allowance

 

8.5.1   Tool Allowances payable to Wages Staff will be those set out in Table 2B:

 

8.5.1.1            Item 39:

 

Carpenter/Joiner

 

Stonemason-carver

 

Stonemason

 

Plumber

 

Electrician

 

8.5.1.2            Item 40:

 

Bricklayer

 

8.5.1.3            Item 41:

 

Slater & Tiler

 

8.6      All Purpose Payment In lieu of Certain Allowances

 

8.6.1   The provisions of this subclause do not apply to:

 

8.6.1.1            Wages Staff employees who have no entitlement to allowances payable under the Crown Employees (Skilled Trades) Award.

 

8.6.2   All allowances set out in clauses 4 and 5, other than the exemptions mentioned below, of the Crown Employees (Skilled Trades) Award will not be paid to Wages Staff employees of any Level.

 

8.6.2.1            Clause 4, Allowances, will continue to be paid for:

 

(4)       Electricians

 

(6)       Plumber and Drainer

 

(12)    Registration Allowance

 

(40)    Asbestos

 

(43)    Asbestos Eradication

 

8.6.3   In recognition that employees will continue to work under circumstances that previously attracted allowance payments pursuant to the above specified clauses, payments for all purposes of this Award will be made.  The payments will be as follows:

 

8.6.3.1            For all Heritage and Building Services Group employees and apprentices, other than slaters, plumbers and plumbing apprentices as listed in Table 2A, item 31.

 

8.6.3.2            For slaters, plumbers and plumbing apprentices, as listed in Table 2A, item 32. (Plumbers and plumbing apprentices will no longer be able to claim separate payment for chokages or fouled equipment.)

 

8.6.4   Should circumstances arise where the payment of the allowance prescribed by this subclause for plumbers becomes consistently disadvantageous when compared to payment through the claiming of allowances as set out in the Crown Employees (Skilled Trades) Award, then the Department and the Union will review the situation.  Any result of such a review that results in the requirement to amend this subclause will be presented as a consent matter by the Department and the Union.

 

8.7      Thermostatic Mixing Valves Allowance

 

8.7.1   An employee who is required by the Department to act on their thermostatic mixing valve licence will be paid an amount listed in Table 2A, item 37, while undertaking inspection and certification of thermostatic mixing valves.

 

8.8      Driving Van Allowance

 

8.8.1   Department Wages Staff employees allocated and responsible for commercial vehicles containing Departmental plant and equipment, which are parked at the premises of the employee overnight, will be paid a flat allowance per day as listed in Table 2A item 38.  This allowance is paid daily for each day worked and is not paid for all purposes of this Award.  It will be treated as a wage related allowance for the purpose of future increases.

 

8.9      Higher Duties Allowance

 

Where an employee is engaged for more than two hours daily or per shift on higher duties, including duties entitling them to a leading hand allowance, they will be entitled to a higher duties allowance or rate allowance for the whole of such day or shift. If the higher duties are undertaken for two hours or less during one day, payment at the higher rate will apply only to hours worked. For the avoidance of doubt the Higher Duties Allowance is the payment of the applicable higher rate of the classification the Employee is undertaking.

 

If an employee is required to act as leading hand at the commencement of a day or shift, they will be paid the appropriate allowance for the whole of such day or shift.

 

8.10    Allowances Review

 

8.10.1 Increases in Expense Related Allowances payable under the Awards listed in clause 8 of this Award will be paid, as appropriate, to employees covered by this Award.  Payment of increases will be made from the same operative date as Award variations.

 

8.10.2 Expense Related Allowances include:

 

Tool Allowance

 

Meal Allowance

 

Excess Fares and Travelling Time

 

8.10.3 Wage Related Allowances will increase by the same percentage amount, and from the same operative date, as rates of pay increase under this Award.

 

9.  Pay Arrangements

 

9.1      Fortnightly Payment

 

9.1.1   Employees will be paid fortnightly.

 

9.1.2   The Department will not keep more than five days' pay in hand.

 

9.2      Leave Loading

 

9.2.1   Recreation leave loading has been incorporated in wages through a 1.35% wage adjustment paid under the terms of the NSW Public Works Wages Staff Enterprise Agreement (1994 - 1995).

 

10.  Hours of Work

 

10.1    Weekly hours: The ordinary hours of duty for all full-time employees will be 38 per week, or an average thereof.

 

10.2    Part-time employees: Part-time employees in any classification can be employed for less than the ordinary hours of duty specified in this Award for an agreed number of regular hours per week with conditions and entitlements as provided in the relevant clauses of this Award.

 

10.3    Span of hours: Ordinary hours of duty will be worked within the limits of Monday to Friday. The commencing and finishing times of ordinary duty will be determined by the employer.

 

10.4    Local variations: Commencing and finishing times may be varied within the limits of 6.00am and 6.00pm Monday to Friday, subject to a 10-hour span for individual employees and a 12-hour span for individual workplaces, by agreement between the supervisor and a majority of the employees affected.

 

10.5    Worked continuously: The ordinary hours of duty will be worked continuously, except for meal breaks. Meal breaks should not be regarded as breaking continuity.

 

10.6    Five hour break: an employee should not work for more than 5 hours without a break for a meal.

 

10.7    Hours of duty for part-timers: Before part-time duty commences, notice in writing will specify:

 

10.7.1 the prescribed weekly hours of duty;

 

10.7.2 the pattern of hours to be worked including starting and finishing times for other than shift workers, on each or any day of the week, Monday to Friday, within the limits of the span of hours specified for an equivalent full-time employee.

 

10.7.3 the pattern of hours specified will be no less than 3 hours per day of attendance or an alternative agreed period and will be continuous on any one day.

 

10.7.4 the prescribed weekly hours and the pattern of hours specified under will not be varied, amended or revoked without the consent of the employee. Any agreed variation to the regular pattern of hours will be recorded in writing.

 

10.8    Where a full-time employee is permitted to work part-time for an agreed period for personal reasons, the notice in writing will provide for the hours to be varied to full-time hours on a specified date. The employee will revert to fulltime hours unless a further period of part-time employment is approved.

 

11.  Overtime

 

11.1    Overtime provisions, including payment for meals, as provided by clause 9, Overtime, of the Crown Employees (Skilled Trades) Award will apply to all employees.

 

11.2    An employee may opt to take time-off in lieu of paid overtime at the same rate at which the overtime was accrued, subject to management agreement.  Any such time-off will be taken within an agreed time and not later than 3 months of the working of the overtime.  An employee, subject to management agreement, may take part time-off in lieu and part payment for overtime.

 

12.  Career Development and Training

 

12.1    The Department will provide a career development and training program designed to contribute to the attainment of corporate objectives by:

 

12.1.1 assisting employees to formulate career development plans which reflect individuals' goals and the needs of the Department.

 

12.1.2 assisting employees to achieve personal excellence in work performance in a satisfying, non-discriminatory, safe and healthy work environment;

 

12.1.3 ensuring that, on an equitable and appropriate basis, employees are provided with opportunities to develop required skills.

 

12.2    The Department is committed to using and developing the skills of employees through the provision of on-the-job and formal training, job rotation and formal education to meet identified skills needs.  The Department will consult with the parties in formulating its program.

 

Approved training will be conducted without loss of pay.

 

12.3    On an annual basis an appropriate officer of the employer and the employee, will meet to develop a training plan by agreement. The intention of the training plan is to provide the employee with the opportunity for skill acquisition and career development with reference to Award classifications and requirements.

 

13.  Rostered Days Off

 

13.1    Rostered Day Off (RDO) provisions, as provided by clause 2, Hours - Day Workers, of the Crown Employees (Skilled Trades) Award will apply to all employees along with the following provisions of this clause.

 

13.2    The parties agree that employees will be eligible to take their monthly rostered days off three weeks before or after the industry RDO.  There will be appropriate arrangement and prior agreement between employees and the Department in determining rostered days off.

 

13.3    This will result in Department’s projects having adequate numbers of employees on site to enable work to continue when the remaining days are taken.  No more than three RDO's may be accrued in a twelve-month period.

 

13.4    There will be appropriate records kept of the date an employee has their RDO and of RDO's banked and subsequently used.  These records will be available for perusal by the employee, on request.

 

14.  Relocation Package

 

14.1    Negotiated benefits for employees required by the Department to relocate will be agreed with individual employee prior to relocation.  The benefits will be equal to, or better than, the current provisions of the Crown Employees (Transferred Officers’ Compensation) Award.

 

14.2    The package of variable individually negotiated benefits will be established to compensate for the expenses and associated dislocation experienced by employees as a result of relocating from one residential location to another residential location as a necessary consequence of promotion, transfer (for other than disciplinary reasons) or staff exchange to a new work location.

 

14.3    The scope of the package must be defined in broad terms at the time of acceptance of the new position.

 

15.  Leave

 

15.1    All Awards, Agreements and Determinations relating to leave continue to apply to employees with the exception of the subclauses set out below.

 

15.1.1 Annual Leave Loading

 

Annual leave loading was, and is, incorporated in wage rates through a once only 1.35% wage increase paid under the terms of the NSW Public Works Wages Staff Enterprise Agreement (1994 - 1995).

 

15.1.2 Family and Community Service Leave

 

(a)       The Department Head will grant to a staff member some or all of their accrued family and community service leave on full pay, for reasons relating to family responsibilities, performance of community service or emergencies. Where possible, non-emergency appointments or duties should be scheduled or performed outside of normal working hours.

 

(b)       Such cases may include but not be limited to the following:

 

(i)        Compassionate grounds - such as the death or illness of a close member of the family or a member of the staff member's household;

 

(ii)      Emergency accommodation matters up to one day, such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;

 

(iii)     Emergency or weather conditions, such as when flood, fire, snow or disruption to utility services etc., threatens a staff member’s property and/or prevents a staff member from reporting for duty;

 

(iv)     Attending to family responsibilities such as - citizenship ceremonies, parent/teacher interviews or attending child's school for other reasons;

 

(v)       Attendance at court by a staff member to answer a charge for a criminal offence, only if the Department Head considers the granting of family and community service leave to be appropriate in a particular case;

 

(vi)     Attendance as a competitor in major amateur sport (other than Olympic or Commonwealth Games) for staff members who are selected to represent Australia or the State; and

 

(vii)    Absence during normal working hours to attend meetings, conferences or to perform other duties, for staff members holding office in Local Government, and whose duties necessitate absence during normal working hours for these purposes, provided that the staff member does not hold a position of Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council.

 

(c)       The definition of "family" or "relative" in this clause is the same as that provided in subclause 26.1 of clause 26, Carer’s Leave, of the Crown Employees (Skilled Trades) Award.

 

(d)       The maximum amount of family and community service leave on full pay which may, subject to this Award, be granted to a staff member will be in accordance with paragraph (i) or in accordance with paragraph (ii) below, whichever is the greater:

 

(i)        2½ of the staff member’s working days in the first year of service and on completion of the first years’ service, 5 of the staff member’s working days in any period of 2 years; or

 

(ii)      After the completion of 2 years continuous service, the available family and community service leave is determined by allowing 1 days leave for each completed year of service less the total amount of short leave or family and community service leave previously granted to the staff member.

 

(e)       If available family and community service leave is exhausted as a result of natural disasters, the Department Head will consider applications for additional family and community service leave, if some other emergency arises.

 

(f)       If available family and community service leave is exhausted, on the death of a family member or relative, additional paid family and community service leave of up to 2 days may be granted on a discrete, per occasion basis to a staff member.

 

(g)       In cases of illness of a family member for whose care and support the staff member is responsible, paid sick leave in accordance with clause 26, Carer’s Leave, of the Crown Employees (Skilled Trades) Award, will be granted when paid family and community service leave has been exhausted.

 

(h)       A Department Head may also grant staff members other forms of leave such as accrued recreation leave, time off in lieu, flex leave and so on for family and community service leave purposes.

 

15.1.3 Sick Leave

 

All sick leave absences in excess of one day’s duration, and any sick leave absences that are adjoining to weekends, gazetted public holidays and Rostered Days Off (RDO) must be supported by a medical certificate or equivalent legal document, or such absence will be treated as leave without pay.

 

For all other aspects of sick leave the Sick Leave provisions of the Uniform (Ministerial) Leave Conditions apply except that an employee upon completion of three months service will be entitled to payment for sick leave taken in the first three months up to a maximum of five working days.

 

15.1.4 Extended Leave after 7 Years’ Service

Employees with 7 years or more service will be entitled to take (or be paid out on resignation) extended leave in the usual manner.  The quantum of leave available is that which would have applied if pro rata leave were granted. For example, an employee with 7 years’ service has a long service leave entitlement of 30.8 working days.  Calculations for other periods of service are set out at Chapter 6-5 of the Public Service Industrial Relations Guide.

 

There is no requirement for an employee with 7 or more years of service to have been terminated or to have left employment because of illness, incapacity or domestic or other pressing necessity to claim an entitlement. No repayment will be required if an employee does not reach 10 years’ service.

 

15.1.5 Double Pay Extended Leave

An employee with an entitlement to extended leave may elect to take leave at double pay.  The additional payment will be made as a non-superable taxable allowance payable for the period of the absence from work. The employee's leave balance will be debited for the actual period of the absence from work and an equivalent number of days as are necessary to pay the allowance.

 

For example, an employee with an extended leave balance of 50 working days wishing to take extended leave at double pay take 25 working days leave from work, reducing their leave balance to 25 days. A further 25 working days will be debited from the employee balance to cover payment of the non-superable taxable allowance.

 

Other leave entitlements, e.g., recreation leave, sick leave and extended leave will accrue at the single time rate where an employee takes long service leave at double time.

Superannuation contributions will only be made on the basis of the actual absence from work, i.e., at the single time rate.

 

Where an employee elects to take extended leave at double pay, in most cases a minimum period of absence of 1 week should be taken, i.e., 1 week leave utilising 2 weeks of accrued leave.

 

15.1.6 Public Holidays Whilst on Extended Leave

From 1 January 2005, public holidays that fall whilst an employee is on a period of extended leave will be paid and not debited from an employee’s leave entitlement.

In respect of public holidays that fall during a period of double pay extended leave an employee will not be debited in respect of the leave on a public holiday.

 

The employees leave balance will however be reduced by an additional day to fund the non-superable taxable allowance.

 

16.  Parental Leave

16.1    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.

 

16.2    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 16.2 (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.

 

16.3    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 will 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 16.6.

 

16.4    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.

 

16.5    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 16.6.

 

16.6    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 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 may refuse a request on reasonable grounds based on the effect on the workplace including but not limited to:

 

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

 

(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 will consider and respond to the request in writing within 21 days.

 

(e)       If the Department 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.

 

16.7    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.

 

16.8    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 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 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.

 

16.9    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.

 

16.10  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 16.2 and 16.3.

 

(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 16.2.

 

(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 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.

 

16.11  Leave for a stillbirth

 

(a)       An employee who gives birth to a stillborn child has access to paid parental leave in accordance with subclause 16.2 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.

 

16.12  Leave prior to an adoption

 

(a)       In addition to the paid parental leave available at subclause 16.2, 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.

 

16.13  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 16.2, Paid Parental Leave, can apply to the Department 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 must write to the Department 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 agrees.

 

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

 

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

 

(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. 

 

(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). 

 

16.14  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 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.

 

16.15  Notice requirements

 

(a)       The Department 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 at least 8 weeks before the expected due date. The employee must give the Department 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 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 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 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 as soon as practicable.

 

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

 

16.16  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 16.1(e). A copy of the legal order as defined in 16.1(h) (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, the Department may require evidence of this such as:

 

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

 

(ii)            a statutory declaration from the employee.

 

16.17  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 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 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 of any changes to their address and contact details which may affect the Employer’s capacity to comply with clause 16.17.

 

17.  Leave Related to Miscarriage and Fertility Treatment

 

17.1    Leave for a miscarriage

 

(a)       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.

 

(b)       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.

 

(c)       When accessing paid Special Miscarriage Leave, the employee must notify the Department as soon as reasonably practicable of:

 

(i)        the amount of leave required; and

 

(ii)      the anticipated date of return to duty.

 

(d)       To access paid Special Miscarriage Leave an agency may request evidence, such as:

 

(i)        a medical certificate; or

 

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

 

17.2    Leave for fertility treatment

 

(a)       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.

 

(b)       Special Fertility Treatment Leave does not accumulate, and employees may take it in:

 

(i)        part days

 

(ii)      single days

 

(iii)     consecutive days.

 

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

 

(d)       When accessing paid Special Fertility Treatment Leave, the employee must notify RMS as soon as is reasonably practicable of:

 

(i)        the amount of leave required, and

 

(ii)      when they expect to return to work.

 

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

 

18.  Domestic and Family Violence Leave

 

18.1    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.

 

18.2    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.

 

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

 

18.4    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.

 

18.5    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.

 

18.6    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.

 

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

 

18.8    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.

 

18.9    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.

 

18.11 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.

 

18.12 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.

 

18.13 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.

 

18.14 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.

 

18.15 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.

 

18.16 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.

 

18.17 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.

 

18.18 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.

 

19.  Leave for Employees Providing Support to People Experiencing Domestic and Family Violence

 

19.1    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 existing Family and Community Service Leave entitlements consistent with subclause 15.1.2 of this Award.

 

19.2    The “family” or “household” member that the employee is providing care and support to must meet the definition of these terms as defined in subclause 15.1.2.

 

19.3    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 15.1.3 of this Award or any other form of evidence that is considered acceptable by the employer such as a statutory declaration.

 

19.4    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.

 

20.  Grievance and Dispute Resolution

 

20.1    Subject to the provisions of the Industrial Relations Act 1996, all grievances and disputes relating to the provisions of this Award or any other industrial matter will initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the Department, if required.

 

20.2    An employee is required to notify, preferably in writing, their immediate supervisor or manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

20.3    The immediate supervisor or manager will convene a meeting in order to resolve the grievance, dispute or difficulty within two working days, or as soon as practicable, of the matter being brought to attention.

 

20.4    If the matter remains unresolved with the immediate supervisor or manager, the employee may request to meet the appropriate person at the next level of management in order to resolve the matter.  This supervisor or manager will respond within two working days, or as soon as practicable.  The wages employee may pursue this sequence of reference to successive levels of management until the matter is referred to the appropriate Group General Manager or their nominated representative.

 

20.5    If the matter remains unresolved, the Group General Manager or their nominated representative will provide a written response to the employee and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

20.6    An employee may, at any stage of these procedures, request to be represented by their union and the Department will agree to such request.

 

20.7    Should the matter not be resolved within a reasonable time, any of the parties may refer it to the New South Wales Industrial Relations Commission for settlement.  The employee, union and Department will agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

20.8    Whilst the procedures outlined in this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty will continue unless otherwise agreed between the parties, or, in a case involving WH&S, if practicable, normal work will proceed in a manner which avoids any risk to the health and safety of any Departmental employee or member of the public.

 

21.  Anti-Discrimination

 

21.1    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.

 

21.2    It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects.  It will be consistent with the 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.

 

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

 

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

 

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

 

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

 

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

 

a party to this Award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

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

 

21.6    Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

21.7    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."

 

22.  Consultative Arrangements

 

22.1    The parties to this Award will establish a Consultative Working Party.  This Working Party will generally act to oversee and assist implementation of the Award and all other industrial matters affecting groups of employees, but not concerns which are individual in nature.

 

22.2    The Consultative Working Party will meet within one month of the registration of this Award and thereafter on a frequency of every two months, according to its constitution, or as otherwise agreed between the parties.

 

22.3    The Consultative Working Party may form Working Groups to examine specific issues for report back to the Working Party.

 

22.4    The Consultative Working Party will consist of a total of two Union workplace representatives, reflecting the structure of the workplace.

 

22.5    Where possible, each of the main Unions party to this Award will have at least one workplace representative.  The main Unions are:

 

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

 

The New South Wales Plumbers and Gasfitters Union.

 

Electrical Trades Union of Australia, New South Wales Branch

 

Australian Workers’ Union, Greater New South Wales Branch

 

22.6    Mass Meetings

 

22.6.1 Mass meetings on paid time, at the most appropriate Regional or Metropolitan centre, may be held as agreed between the parties.  The Department will not unreasonably withhold agreement to such meetings, with at least one meeting per year to be held.

 

22.7    The Department will consult with the Unions prior to the introduction of any technological change.

 

23.  Workplace Representatives

 

23.1    Employees elected as delegates in the Group or Business Unit in which they are employed will, upon notification to the Department, be recognised as accredited representatives of the union(s) and they will be allowed the necessary time during working hours to interview management representatives and the employees whom they represent, on matters affecting the employees whom they represent.

 

23.2    Trade Union Training

 

The Department agrees to provide the appropriate level of paid Trade Union education leave to wages employee representatives up to a maximum of twelve days in any two year period, subject to the approval of such leave being consistent with operational requirements.

 

24.  Deduction of Union Subscriptions

 

24.1    Subject to an employee making written authorisation, the Department will deduct from the employee's remuneration, subscriptions payable to a nominated industrial organisation of employees and will pay the deducted subscriptions to such organisation.

 

25.  Relationship to Awards, Agreements etc.

 

25.1    This Award will be read and interpreted in conjunction with the Awards and Agreements ("the Instruments") covering the Department and its employees, provided that where there is any inconsistency between this Award and the Instruments, this Award will prevail to the extent of the inconsistency.

 

25.2    In particular, allowances and special rates specified as follows will continue to operate unless varied by this Award:

 

Crown Employees (Skilled Trades) Award, clause 8, Allowances

 

26.  Award Safety Net

 

26.1    If the NSW Industrial Relations Commission (IRC) increases the wage rates and allowances in Awards relevant to the Department which previously applied to an employee's position to an amount above that payable to an employee under this Award, then the Department will pay the higher amount in lieu of the wage rates and allowances in this Award.

 

26.2    Such higher rates will be paid from the date ordered by the IRC.

 

26.3    Should the IRC increase wage rates and allowances in the Award which previously applied to an employee's position to an amount still below that payable to an employee under this Award, then the Department will continue to pay the higher amount set out in this Award in lieu of the Award wage rates and allowances.

 

26.4    The wage rate increase of 1.35%, paid for the inclusion of leave loading in wage rates, will not be taken into account when considering the relative wage rates mentioned in the preceding paragraph. The inclusion in the Award of a suitable Trade Union Delegates Activities clause, with specific reference to the provisions existing within the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009.

 

27. No Extra Claims

 

27.1    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.

 

Parties are not prevented from commencing any proceedings with respect to the interpretation, application or enforcement of existing award provisions.

 

APPENDIX ONE

 

The Definition, Scope of Work, Level of Skill and Quality, Safety and General Responsibilities for each Level is set out in the following 12 Level Wages staff classification structure.

 

Levels 1 to 6

 

Level 1 – (REMOVED)

 

Level 2 – (REMOVED)

 

Level	Definition	Scope of Work	Responsibility
Level 3 (97.5%) General Labourer	An employee who is performing duties within a designated area of work and is certified by the Department as being competent to work in that area of work to Level 3 standard.	Level of Skill An employee at this level will have intermediate specialist skills within a specific area and a basic knowledge level across a specific skill stream.   Quality A Level 3 employee understands and applies quality control techniques to their own work.   Safety Understands and applies WH&S requirements so as to not injure themselves or other workers.   Indicative Tasks Indicative of the tasks which an employee at this level may perform are the following: ·  Operate efficiently and productively within a specific area of work. ·  Operate equipment or machinery for which the employee has been trained. ·  Carry out tasks from simple plans, sketches and drawings in conjunction with appropriate written or verbal instructions. ·  Understand and implement basic problem solving skills within the worker's specific area. ·  Any other tasks as directed in accordance with the employee's level of training.	An employee at this level is engaged to exercise the depth and scope of skills, to the level of their training in addition to the below: ·  An employee at this level works under routine supervision. ·  The employee is able to exercise discretion and solve problems within their level of skills and training. ·  Exercises good interpersonal communication skills. ·  Is a competent operative who works individually or as part of a team. ·  Applies a range of general construction skills.

 

Level	Definition	Scope of Work	Responsibility
Level 4 (100%) Entry Level tradesperson or skilled labourer	An employee who is performing duties within a designated area of work and is certified by the Department as being competent to work in that area of work to Level 4 standard.	Skills An employee at this level will have either advanced specialised skills OR the ability to carry out, at an acceptable standard, a broad range of tasks OR have a recognised trade certificate, or equivalent. In addition, an employee at this level will have an intermediate knowledge level across a specific skill stream.   Quality An employee at this level is able to be responsible for the quality of their own work and be capable of performing basic quality checks on the work of others performing tasks within the employee's sphere of work.   Safety An employee is able to perform tasks safely and is able to identify hazards within the employee's sphere of work to avoid injury to themselves and others.   Indicative Tasks Indicative of the tasks which an employee at this level may perform are the following: ·  Be able to read, interpret and apply plans, sketches and diagrams to their own work. ·  Competent in either banker or fixing, or sawyer streams of stonemasonry. ·  Assist with informal on-the-job guidance. ·  Assists in the provision of on-the-job training to a limited degree. ·  Interacts with and assists employees of other companies on site. ·  Any other task as directed in accordance with the employee's level of training.	An employee at this level, having been given adequate written or verbal instructions, is able to control their own schedule and meet objectives with routine supervision. An employee at this level is engaged to exercise the depth and scope of skills, to the level of their training in addition to the below: ·  Exercise good interpersonal communication skills. ·  Exercises discretion within their level of training. ·  Is capable of measurement techniques. ·  Works from instructions and procedures ·  Performs tasks on their own initiative. ·  Make decisions and solve problems within their sphere of work. ·  Is responsible for the quality of their own work subject to routine supervision. ·  Works under routine supervision either individually or in a team environment. ·  Works in a team environment or works individually under routine supervision.

 

Level	Definition	Scope of Work	Responsibility
Level 5 (105%) Capable Tradesperson	An employee who is performing duties within a designated area of work and is certified by the Department as being competent to work in the area of work to Level 5 standard.	Skills An employee at this level has a related trade certificate or equivalent, advanced specialised skills and is able to perform work in one or more areas OR intermediate skills enabling work to be carried out over a range of tasks within a stream. Has a sound understanding of the construction process involved in two or more streams. An employee at this level will satisfy one or more the following competencies: ·  Hold a current High Risk Work licence for Dogging; or ·  Hold a current Fork-lift licence.   Quality An employee at this level is able to be responsible for the quality of their work and able to identify faults in the work of others at this or lower levels.   Safety Able to be responsible for the safety of themselves and others in the team environment.   Indicative Tasks Indicative of the tasks which an employee at this level may perform are the following: ·  Understands and applies quality control techniques. ·  Is able to inspect products and/or materials for conformity with established operational standards. ·  Exercises measuring and calculation skills at a higher level than level 4. ·  Trade skills associated with certificated trades within the scope of this award. ·  Specialised materials handling e.g., Forklift or dogging licence. ·  Operates machinery and equipment requiring the exercise of skill and knowledge beyond that of an employee at level 4. ·  Read, interpret, calculate and apply information from plans and inform others.	An employee at this level is engaged to exercise the depth and scope of skills, to the level of their training in addition to the below: ·  Works under general supervision either individually or in a team environment. ·  Able to examine, evaluate and develop solutions to problems within a specific area. ·  Must hold and act on relevant licences, in their specialist stream. ·  Perform tasks on own initiative. ·  Operate efficiently and productively. ·  Exercises good interpersonal and communication skills. ·  Performs complex tasks within their level of training. ·  Exercises discretion within the scope of this grade. ·  Provides guidance, assistance and on the job training as part of a work team.

 

Level	Definition	Scope of Work	Responsibility
Level 6 (110%) Proficient tradesperson	An employee who is performing duties across more than one stream or within a designated area of work and is certified by the Department as being competent to work in the streams or that area of work to Level 6 standard.	An employee at this level has highly specialised skills and is able to perform work in two or more areas OR has advanced skills enabling work to be carried out over a range of tasks across streams.   Skills An employee at this level will have a high level of skill over more than one specific area, in advance of Level 5. An employee at this level will satisfy two or more of the following competencies: ·  Hold a current High Risk Work licence for Dogging. ·  Operates and maintains two or more factory machines. ·  Operates and maintains water treatment plant. ·  Ability to trim in complex stones post fixing. ·  Ability to cut and/or fix complex stones. ·  Holds a current High Risk Work licence for Basic Scaffolding.   Quality An employee at this level is able to be responsible for the quality of their own and others' work.   Safety Able to be responsible for the safety of themselves and others in the workplace. Able to competently identify safety hazards in the workplace and be responsible for the safety of themselves and others in the workplace   Indicative Tasks Indicative of the tasks an employee at this level may perform are the following: ·  Perform complex tasks in a specified area, Reads interprets and applies information from plans. ·  Able to offer guidance as part of the work team. ·  Contribute and develop solutions for less common problems. ·  Submit brief reports relating to operational checklists and documents. ·  Assists in the provision of structured training in conjunction with supervisors and trainers. ·  Contribute to schedule and work plan of others within the work team.	An employee at this level is engaged to exercise the depth and scope of skills, to the level of their training in addition to the below: ·  Works under limited supervision individually or in a team environment. ·  Exercise excellent interpersonal skills. ·  Able to research, evaluate and implement solutions to problems over more than one area. ·  Exercises discretion within their level of training and the scope of this grade. ·  Operate independently, efficiently and productively. ·  Operate at an advanced level over a range of areas with a minimum of supervision. ·  Provides guidance and assistance as part of a work team. ·  Assists in the provision of structured training in conjunction with supervisors and trainers. ·  Solving technical problems within their sphere of work. ·  Has knowledge of Australian Standards applying to their sphere of work. ·  Recognises and controls hazards associated with their sphere of work. ·  Understands and implements quality control techniques. ·  Exercising high precision trade skills using various materials and/or specialised techniques.

 

Level 7 to 9

 

Level	Definition	Scope of Work	Responsibility
Level 7 (115%) Highly Skilled Tradesperson	An employee who is performing duties across more than one stream or within a designated area of work and is certified by the Department as being competent to work in the streams or in that area of work to Level 7 standard.	An employee at this level; has highly specialised skills and is able to carry out a range of tasks across streams.   Skills and Duties An employee at this level: ·  Satisfies two or more of the competencies referred to in Level 6. ·  Has the ability to measure up and document simple projects. ·  Has a basic competency level in production software. ·  Exercises high precision trade and/or operative skills using various materials and specialised techniques at a higher level than level 6. ·  Exercises discretion within the scope of this grade. ·  Has ability to research, evaluate and implement solutions to problems over more than one area. ·  Provides training in conjunction with supervisors and trainers. ·  Understands and applies quality control techniques. ·  contributes to the design of work, and the application of labour. ·  Is able to provide trade guidance and assistance as part of a work team.   Quality An employee at this level is able to be responsible for the quality of their own and others' work.   Safety ·  Able to be responsible for the safety of themselves and others in the workplace. ·  Able to competently identify safety hazards in the workplace and be responsible for the safety of themselves and others in the workplace. ·  Complete safety documentation as required.   Indicative Tasks Indicative of the tasks an employee may perform at this level are: ·  Perform complex tasks completely without supervision in more than one specialised area. ·  Prepare and deliver instructions to team members. ·  Contribute to schedule and plan the work activity of others within the work team. ·  Provide input to determine equipment and resource needs. ·  Supervising maintenance of equipment. ·  Identify and prepare information relating to variations. ·  Operate with expertise in two or more areas.	An employee at this level is engaged to exercise the depth and scope of skills, to the level of their training in addition to the below: ·  Diagnosing and solving problems. ·  Training workers within or across areas. ·  Assisting in supervision or organisation of team operations within or across streams. ·  Quality standards within or across streams. ·  Researches, prepares and presents complex reports. ·  Competent to operate independently. ·  Capable of planning and/or guiding the work, quality and safety of others. ·  Able to research, evaluate and implement solutions to problems over more than one area.

 

Level	Definition	Scope of Work	Responsibility
Level 8 (120%) Advanced Tradesperson	An employee who is performing duties across two or more streams or within a designated area of work and is certified by the Department as being competent to work in the streams or in that area of work to Level 8 standard.	An employee at this level; has highly specialised skills and is able to carry out a range of tasks across streams.   Skills and Duties An Employee at this level: ·  Has the ability to measure up and document complex projects. ·  Holds a current High Risk Work licence for Elevated Work Platforms (EWP) and/or working at heights training. ·  Has a competent level ability in computer drawing software, ·  Has a competent level ability in production software. ·  Exercises discretion within the scope of this grade. ·  Understands and applies quality control techniques. ·  Contributes to the design of work, and the application of labour.   Quality An employee at this level is able to be responsible for the quality of their own and others' work.   Safety Able to be responsible for the safety of themselves and others in the workplace. Able to competently identify safety hazards in the workplace and be responsible for the safety of themselves and others in the workplace Complete safety documentation as required   Indicative Tasks Indicative tasks which an employee may perform at this level include the following: ·  Diagnose and solve complex problems within their specific areas and/or simple problems across a wide range of areas, or two or more streams. ·  Monitor, evaluate and recommend changes to quality and WH&S programs. ·  Play an active role in training whether for production or safety. ·  assists in measuring and documentation of a stone project, including necessary software. competencies for drawing and tracking production, and goods outward. ·  Researches, prepares and presents simple reports. ·  Coordinating the production and/or fixing of stones to a moderate degree on assigned projects. ·  Contribute to Schedule and plan the work activity of others within the work team. ·  Provide input to determine equipment and resource needs. ·  This classification requires a moderate to substantial degree of coordinating production or fixing and reporting to Production/Fixing supervisor with these tasks. ·  Attending site meetings, liaising with relevant stakeholders, making and distributing job cards.	An employee at this level is engaged to exercise the depth and scope of skills, to the level of their training in addition to the below: ·  Works under limited supervision either individually or in a team environment. ·  Diagnosing and solving problems. ·  Training workers within or across areas. ·  Assisting in supervision or organisation of team operations within or across areas. ·  Quality standards within or across areas.

 

Level	Definition	Scope of Work	Responsibility
Level 9 (126%) Team Leader	An employee who is performing duties across two or more streams or within a designated area of work and is certified by the Department as being competent to work in the streams or in that area of work to Level 9 standard.	An employee at this level; has highly specialised skills and is able to carry out a range of tasks across streams.   Skills and Duties An employee at this level: ·  Has a competent level ability in computer drawing software. ·  Has a competent level ability in production software. ·  Supervises or directs or to be in charge of another employee or other employees. ·  Is able to provide trade guidance and assistance as part of a work team. ·  Assists in the provision of training in conjunction with supervisors and trainers. ·  Exercises discretion within their level of training.   Quality Understands and implements quality control techniques and is responsible for the quality of their work and is able to identify faults in the work of others at this or lower levels.   Safety Works in a safe manner so as not to injure themselves or other employees and is able to identify hazards and unsafe work practices which may affect others in the team environment. Implements safety processes and procedures in the workplace within their level of skills and duties. Responsible for induction of other employees to safe work operations.   Indicative Tasks Indicative of the tasks an employee may perform at this level are: ·  Diagnose and solve complex problems within their specific areas and/or simple problems across a wide range of areas, or two or more streams. ·  Research, prepare and present complex reports. ·  Monitor, evaluate and recommend changes to quality and WH&S programs. ·  Play an active role in training whether for production or safety. ·  Demonstrate supervisory skills beyond those of a Level 8 employee. ·   Schedule and plan the work activity of others within the work team. ·  Is responsible for conducting weekly team meetings. ·  Order/Request Equipment and resources as required.	An employee at this level is engaged to exercise the depth and scope of skills, to the level of their training in addition to the below: ·  Diagnosing and solving problems. ·  Training workers within or across areas. ·  Assisting in supervision or organisation of team operations within or across areas. ·  Quality standards within or across areas.

 

Level 10

 

Level	Definition, Competencies and Skills	Indicative Tasks
Level 10 (133% - 135%) Supervisor, Site Controller	Definition An employee who: a) Holds a trade certificate or tradesperson's rights certificate in one of the Construction craft streams of Stonemasonry, Carpentry and Joinery, Bricklaying, Plumbing, Electrical or and is able to exercise the skills and knowledge of that trade; or   b) has an equivalent level of training and/or experience to a tradesperson on construction projects and is able to arrange and co-ordinate the efficient supervision of construction contracts to ensure that the work is carried out in accordance with plans, specifications and WH&S requirements.   Skills and Duties A Level 10 employee applies craft and non-craft skills and knowledge and works above and beyond an employee at craft level and to the level of their training: ·  Will as directed or required directly supervise employees (including team leaders) covered by this award.   ·  Possesses excellent interpersonal as well as oral and written communication skills. ·  Understands and applies quality assurance techniques and processes. ·  Undertake tasks and responsibilities within their level as direct by the Project Manager. ·  Understands and applies computer techniques as they relate to estimate and job control, including for stonemasonry roles: −       competence in computer drawing software −       competence in production software ·  Is competent in a broad range of IT systems and software including Microsoft suite of tools and internal Department programs/software, consistent with role definition. ·  Possesses planning, cost control, work organisation, procedural and administrative skills and is able to apply that knowledge when assisting in the supervision of construction contracts. ·  Has a sound knowledge of the Department operations and procedures as they relate to project supervision and control. ·  Possesses skills to enable the preparation of quantities for progress payments. ·  Has ability to check surveys for accuracy of construction and to prepare reports on general matters relating to the supervision and construction of projects. ·  Is aware of and applies Equal Employment Opportunity principles.   Safety Works in a safe manner so as not to injure themselves or other employees and is able to identify hazards and unsafe work practices which may affect others in the team environment. Responsible for induction of other employees to safe work operations. Has a good level understanding of workplace Safety requirements and standards and take responsibility for those requirements and Standards within their workplace. Is aware of WH&S principles and procedures and is able to apply that knowledge when assisting in the co-ordination and supervision of construction contacts. Manage safety generally within the workplace.	Indicative Tasks Indicative of the tasks which an employee at this level may perform are the following: ·  Prepare estimates, specifications and/or documentation for the execution of works. ·  Provide reports and assessments of work in progress, work ahead and general matters as required. ·  Liaise with other sections of the Department, client Departments and Authorities as required. ·  Supervises day labour work to ensure work is completed within time, cost and quality and make recommendations considered necessary to achieve time, quality and cost targets. ·  Supervise contract work including the preparation of valuations, variations, recommendations on extensions of time and overtime deductions. ·  Recommend acceptance of quotations and issue of local orders within authorities as determined. ·  Responsible for inventory/ordering. ·  Understands and applies quality assurance techniques. ·  Inducts and coordinates workers on site. ·  Includes providing assistance to team members where required, including hands-on work and activities within their level of skills and qualification as contained within Levels 3-9. ·  Conducts toolbox meetings relevant to level of responsibility and site procedures. ·  Conducts weekly safety and quality audits. ·  Contributes to the maintenance of site facilities under control of Heritage Stoneworks.  ·  Contributes to the quoting of projects within area of responsibility/expertise. ·  Provide relief at Level 11 as required. ·  Other duties as directed.

 

Level 11 to 12

 

Level

Definition

Level 11 (139% - 147%) Supervisor, Site Controller

An employee who: a) Holds a trade certificate or tradesperson's rights certificate in one of the Construction craft streams of Stonemasonry, Carpentry and Joinery, Bricklaying, Plumbing, Electrical and is able to exercise the skills and knowledge of that trade; or b) Has an equivalent level of training and/or experience to a tradesperson on construction projects and is able to arrange and co-ordinate the efficient supervision of construction contracts to ensure that the work is carried out in accordance with plans, specifications and WH&S requirements. A Level 11 employee works above and beyond an employee at Level 10 and to the level of their training and is able to, within the Department policy, guidelines and objectives: Understand and implement quality assurance and financial reporting techniques. Co-ordinate and supervise all phases of maintenance and construction work on major and minor building and civil construction projects undertaken by both contract and day labour. Ensure compliance with plans and accepted building and construction practice and as necessary prepare valuations of work completed and measurement of quantities for work variations and quotations. Estimate, prepare specifications and documentation on all phases of major and minor projects, as required. Issue site instructions and recommend alternative construction methods, as necessary. Exercise discretion within the scope of this level. Apply computer operating skills in contract administration, job programming and estimating. Is aware of WH&S principles and procedures, work organisation, administrative requirements and communications processes and is able to apply this knowledge on the job. Provides oversight and assistance as part of a work team on a site or projects. Provides on the job training support for Level 10 employees. Providing assistance to team members where required, including hands on work and activities within their level of skills and qualification as contained within Levels 3-10. Other duties as directed.

 

Level

Definition

Level 12 (152% - 156%) Section Supervisor

Definition An employee who: Possesses skills, knowledge and experience as required for Levels 10 and 11 and holds a post-trade certificate, or equivalent qualification and/or experience in a Construction stream. A Level 12 employee works above and beyond an employee at Levels 10 and 11 and to the level of their training: Undertakes quality assurance, financial reporting and Equal Employment Opportunity responsibilities for the area under their control. Possesses a good standard of communication, work organisation, administrative, WH&S, costing and planning skills and is able to apply leading or directing the work of others. Is able to, within the Department policy, guidelines and objectives: Supervise staff at the Department Staff (Wages) Levels 10 and 11 and take responsibility for their work. Manage and administer (as required) contract matters including oversighting and approving progress payments, variations, extensions of time and reporting on ability or suitability of prospective tenderers. Ensure that action has been taken for timely delivery of plant and other materials on projects. Assist preparation of reports on industrial issues, industrial accidents and investigation of same, safety issues, as well as exception reports including valuations of existing buildings and properties for acquisition by the Government or for insurance purposes. Applies computer integrated techniques involving a higher level of computer operating skills than for the Department Staff (Wages) Level 11 employees. Works under limited supervision either individually or in a team environment. Exercises broad discretion within the scope of this level including appropriate delegations of authority.   Skills An employee at this level: Possesses advanced skills, knowledge and experience as required for Levels 10 and 11 and holds a post-trade certificate, or equivalent qualification. A minimum of 5 years in the industry with experience equivalent to the levels and responsibilities of Level 10 Must have very good understanding of WHS process and procedure and the ability to implement and take account of their area of responsibility. Responsible for the Time and Attendance of staff under their control A Level 12 employee works above and beyond an employee at Levels 10 and 11 and to the level of their training. Supervisor means an employee appointed as such or required employer to be mainly engaged in the direct supervision and coordination of the work of at least 2 forepersons/supervisors. Ensure that action has been taken for timely delivery of plant and other materials on projects. Applies computer integrated techniques involving a higher level of computer operating skills than for the Department Staff (Wages) Level 11 employees. Ability to manage and prioritise tasks depending on level of urgency and importance.   Indicative Tasks Indicative of the tasks which an employee at this level may perform are the following: Is able to clearly identify and manage safety and environmental hazards with support and assistance of safety manager. Has the ability to manage construction sites, including contractors, on behalf of the Department. Can undertake supervision responsibilities, reporting to the Project Manager. Is able to assist in the provision or planning of on the job training for Level 11 employees. Provides relief at Construction Coordinator level and Levels 10 and 11 as required. Responsible for the training, mentoring, and assessment of employees in competency-based promotion scheme. Responsible for quoting and estimating projects and inventory/ordering. Responsible for the sale/movement of by-product. Undertakes quality control and work organisation at a level higher than level 11. i.e., Manages timesheets, employee movements and ensuring maintenance of workplace facilities. Providing assistance to team members where required, including hands-on work and activities within their level of skills and qualification as contained within Levels 3-11. Other duties as required.

 

APPENDIX Two

 

APPRENTICES

 

Apprentices employed pursuant to the terms of the Crown Employees (Skilled Trades) Award will be employed under the terms of this Award and the Crown Employees (Skilled Trades) Award with the following exceptions.

 

1.         Leave

 

Clause 16, Leave, of this Award will have effect to the extent that it is inconsistent with clause 31, General Leave Conditions and Accident Pay, of the Crown Employees (Skilled Trades) Award and the Uniform (Ministerial) Leave Conditions.

 

2.         Wages - Refer to Table 1C - Apprentice Classification and Safety Schedules

 

3.         Fortnightly Payment

Wages staff will be paid fortnightly.

 

The Department will not keep more than five days’ pay in hand.

 

4.         Electrical Trade Apprentices

 

Apprentices to the electrical/electronic trades will be paid Excess Fares and Travelling Time according to the provisions generally applying to building tradespersons under 8.3 of this Award.

 

Apprentices to the electrical/electronic trades will be paid the Tool Allowance in clause 8.6.1.1 at item 39 of Table 2B - Expense Related Allowances, of this Award, in lieu of the Crown Employees (Skilled Trades) Award provision.

 

5.         Building Trade Apprentices

Building trade apprentices will be paid Excess Fares and Travelling Time according to the provisions of subclause 8.3 of this Award.

 

6.         All Purpose Payment In lieu of Certain Allowances

 

All allowances set out in clauses 4 and 5, other than the exemptions mentioned below, of the Crown Employees (Skilled Trades) Award, will not be paid to apprentices.

 

At clause 4, Allowances, all subclauses except:

 

(4)       Electricians

 

(6)       Plumber and Drainer

 

(12)     Registration Allowance

 

(41)     Asbestos

 

(43)     Asbestos Eradication

 

7.         In recognition that apprentices will continue to work under circumstances that previously attracted allowance payments pursuant to the above-specified subclauses, payments for all purposes of this Award will be made.  The payments will be as follows:

 

For all Heritage Stoneworks apprentices, other than plumbing apprentices, will be as listed in Table 2A, Item 31.

 

For plumbing apprentices as listed in Table 2A, item 32.

 

(Plumbing apprentices will no longer be able to claim separate payment for chokages or fouled equipment.)

 

APPENDIX THREE

 

COMPETENCY BASED PROMOTION FROM WAGES STAFF LEVEL 2, 3 OR 4

 

Further to the memorandum of agreement between various Public Sector employers and Unions with respect to the second tier wage increase in the Crown Employees (Skilled Tradesmen) Award from 1988, competency development involves multi-skilling.

 

Competency based promotion will not be offered to duration staff until their reclassification to permanent status or to apprentices within 12 months after completion of their indentures.

 

BUILDING GROUP TRADES

 

Should a Building Group tradesman achieve the additional "standard" competencies for Building Group trades staff, competency based promotion to level 5 can occur.  The additional "standard" competencies must be exercised in rectification/make good circumstances to a standard such that a specialist tradesperson in the additional competency is not required to make any further rectification work.  The relevant District Manager will conduct assessment and certification of the additional "standard" competencies and additional specific competencies for each employee.

 

ADDITIONAL "STANDARD" COMPETENCIES FOR BUILDING GROUP TRADES:

 

SCAS (ability to perform field surveys and tabulate data manually. Introduction of any new technologies will be negotiated separately.)

 

Floor/Wall Tiling

 

Painting

 

Gyprock/Ceiling Fixing

 

Concreting/Brickwork

 

Fencing

 

Site Restoration (int/ext)

 

Glazing or Roof Glazing

 

First Aid Certificate

 

HERITAGE SERVICES GROUP TRADES

 

Should a Heritage Stoneworks employee employed achieve the additional "standard" competencies for Heritage Stoneworks Group Trades staff and the required additional specific competencies set out for that trade, competency based promotion to level 5 can occur.  The additional "standard" and "specific" competencies must be exercised in rectification/make good circumstances to a standard such that a specialist tradesperson in the additional competency is not required to make any further rectification work.  Specific competencies are integral to the work undertaken by Heritage Stoneworks and staff must be proficient to tradesman levels with no limit to application of the competency.  The Section Managers, Heritage Stoneworks, will conduct assessment and certification of the additional "standard" competencies and additional specific competencies for each employee.

 

ADDITIONAL "STANDARD" COMPETENCIES FOR HERITAGE STONEWORKS

 

Floor/Wall Tiling

 

Painting or Forklift Operation

 

Gyprock/Ceiling Fixing

 

Concreting/Brickwork

 

Site Restoration (int/ext)

 

First Aid Certificate

 

ADDITIONAL SPECIFIC COMPETENCIES FOR HERITAGE STONEWORKS GROUP TRADES:

 

Plumber	Painter	Stonemason
(2 required)	(2 of 3 required)	(2 required)
Slatework	Gold Leaf/Stencil Work	Operate Factory Machines
Lead/Copper Work	Signwriting	Work & Fix Complicated Stones
	Glazing (measure, cut & fix)
Electrician	Carpenter	Stone Cutters
Data Cabling	Glazing	Competent on all machines
	Rendering/Gyprock	Competent Crane Operation

 

STONEMASONS

 

For the above purposes, complicated stones are those that:

 

Are typified by such properties as having more than one mould/template or having a high degree of marking out or existing in two or more planes.

 

Examples include:

 

baluster dies, finials, gothic mould tracery, stones of exceptional size that require a high degree of accuracy, pediment springers, ramp and twists, dentils, columns and capitols, and stones that require letter cutting.

 

Should there be any disagreement over the classification of the stone the Factory Co-ordinator and Stonemasonry Manager will adjudicate.

 

LABOURERS

 

Should an employee employed as a labourer achieve all the additional competencies set out below for that occupation, competency based promotion to level 4 can occur.  The additional competencies must be exercised in rectification/make good circumstances to a standard such that a specialist tradesperson in the additional competency is not required to make any further rectification work.  The relevant District Manager, Building Group or the Section Manager, Heritage Stoneworks, will conduct assessment and certification of the additional specific competencies for each employee.

 

ADDITIONAL COMPETENCIES FOR LABOURERS:

 

Floor/Wall Tiling

 

Rendering

 

Painting

 

Gyprock/Ceiling Fixing

 

Brickwork

 

Fencing

 

First Aid certificate

 

Should a Department Wages employee Level 3 in receipt of a leading hand allowance achieve competency-based promotion to Level 4, then payment of the leading hand allowance will cease.

 

A Department Wages employee level 2 or 3 in receipt of a leading hand allowance who achieves competency based promotion to Level 4 will not suffer a loss of remuneration.

 

GENERAL

 

Should a Department Wages employee Level 4 in receipt of a leading hand allowance achieve competency based promotion to Level 5, then payment of the leading hand allowance will cease.

 

Should an employee request in writing, and be willing to undertake, the training required to achieve competency based promotion to Wages employee Level 4 or 5 and have that training denied by the Department, then the relevant competency based promotion will be granted 12 months after the original date of the request for training.

 

The Department of Wages employee Level 2, 3 or 4 denied competency based promotion by the relevant District Manager or the Section Managers, Heritage Stoneworks will have rights of appeal against that decision to a panel consisting of the Heritage Stoneworks Group Resource Manager, a Section/District Manager other than the maker of the original decision and a nominee of the relevant union.  Should the matter remain unresolved it will be referred to an external assessor.  In all other respects, the appeal process will duplicate that used for promotion appeals within Heritage Stoneworks.

 

PART B

 

RATES & ALLOWANCES

 

Rates

 

From the first full pay period on or after 1 July 2024, the rates of pay set out under the heading 2024/25 will be payable.  These rates represent a 4% wage increase from 1 July 2024.

 

Pay rates will increase by 3% from the first full pay period on or after 1 July 2025.

 

Pay rates will increase by 3% from the first full pay period on or after 1 July 2026.

 

Legend: pf = per fortnight, pw = per week, pd = per day, ph = per hour

 

Award Codes:  1279 Crown Employees (Heritage Stoneworks) Wages Staff Award

 

256 Crown Employees (Skilled Trades) Award

 

Table 1 A - Wages Classification and Wage Schedules

 

Item	Award Code	Clause	Description		2023/24	2024/25	2025/26	2026/27
Percentage increase for wage and wage related allowances					4%	4%	3%	3%
					pf	pf	pf	pf
1	1279	7.1	Level 1	92%	2,246.50	Classification removed
2	1279	7.1	Level 2	95%	2,321.50	Classification removed
3	1279	7.1	Level 3	97.50%	2,384.90	2,480.30	2,554.70	2,631.30
4	1279	7.1	Level 4	100%	2,441.70	2,539.40	2,615.60	2,694.10
5	1279	7.1	Level 5	105%	2,579.50	2,682.70	2,763.20	2,846.10
6	1279	7.1	Level 6	110%	2,686.10	2,793.50	2,877.30	2,963.60
7	1279	7.1	Level 7	115%	2,808.30	2,920.60	3,008.20	3,098.40
8	1279	7.1	Level 8	120%	2,930.00	3,047.20	3,138.60	3,232.80
9	1279	7.1	Level 9	126%	3,077.00	3,200.10	3,296.10	3,395.00
10	1279	7.1	Level 10 Step 1	133%	3,237.90	3,367.40	3,468.40	3,572.50
11	1279	7.1	Level 10 Step 2	135%	3,307.40	3,439.70	3,542.90	3,649.20
12	1279	7.1	Level 11 Step 1	139%	3,404.20	3,540.40	3,646.60	3,756.00
13	1279	7.1	Level 11 Step 2	142%	3,476.50	3,615.60	3,724.10	3,835.80
14	1279	7.1	Level 11 Step 3	147%	3,603.20	3,747.30	3,859.70	3,975.50
15	1279	7.1	Level 12 Step 1	152%	3,715.10	3,863.70	3,979.60	4,099.00
16	1279	7.1	Level 12 Step 2	156%	3,823.00	3,975.90	4,095.20	4,218.10

 

Table 1B - Survey and Spatial Classification and Wage Schedules

 

 

Table 1C - Apprentice Classification and Wage Schedules

 

Item	Award Code	Clause	Description	2023/24	2024/25	2025/26	2025/27
Percentage increase for wage and wage related allowances				4%	4%	3%	3%
Three Year Program
				pf	pf	pf	pf
21	1279	7.1	Apprentice 3 Year 1	1,521.10	1,581.90	1,629.40	1,678.30
22	1279	7.1	Apprentice 3 Year 2	1,911.60	1,988.10	2,047.70	2,109.10
23	1279	7.1	Apprentice 3 Year 3	2,184.00	2,271.40	2,339.50	2,409.70
Four Year Program
24	1279	7.1	Apprentice 4 Year 1	1,187.40	1,234.90	1,271.90	1,310.10
25	1279	7.1	Apprentice 4 Year 2	1,521.10	1,581.90	1,629.40	1,678.30
26	1279	7.1	Apprentice 4 Year 3	1,911.60	1,988.10	2,047.70	2,109.10
27	1279	7.1	Apprentice 4 Year 4	2,184.00	2,271.40	2,339.50	2,409.70

 

Table 2A - Wage Related Allowances

 

 

Table 2B - Expense Related Allowances

 

Item	Award Code	Clause	Description	From the first full pay period on or after 1.7.23 (i.e. 7.3% March 2023 Sydney CPI)	From the first full pay period on or after 1.7.24 (i.e. 3.8% March 2024 Sydney CPI)	From the first full pay period on or after 1.7.25 (i.e. 2.3% March 2025 Sydney CPI)	From the first full pay period on or after 1.7.26 (i.e. March 2026 Sydney CPI)
39	1279	8.5.1.1	Tool Allowance for:	75.90 pf	78.80 pf	80.60 pf	Per CPI
			Carpenter/Joiner
			Stonemason-carver
			Stonemason
			Plumber
			Electrician
40	1279	8.5.1.2	Tool Allowance for:
			Bricklayer	54.10 pf	56.15 pf	57.40 pf	Per CPI
41	1279	8.5.1.3	Tool Allowance for:
			Slate & Tiler	39.40 pf	40.90 pf	41.80 pf	Per CPI
42	1279	8.3.2	Private vehicle use	0.94 per km	0.98 per km	1.00 per km	Per CPI
43	1279	8.3	Fares and Travelling Time	29.50 pd	30.60 pd	31.30 pd	Per CPI
44			(fares)	17.76 pd	18.45 pd	18.85 pd	Per CPI
45			(travelling time)	11.76 pd	12.20 pd	12.50 pd	Per CPI
46	1279	8.4.1	Loss of tools	2198.68	2,282.00	2,334.00	Per CPI

 

Method of Adjustment

 

Wages - fortnightly rates

 

Fortnightly wage rates are rounded to the nearest 10 cents, with figures less than 5 cents going to the lower amount, and figures 5 cents or more going to the higher amount.

 

Allowances

 

Wage related allowances (such as a first aid allowance) will be adjusted in line with the wage increases specified in Table 1A - Wages Classification and Salary Schedules.

 

Daily, fortnightly and weekly allowances are rounded to the nearest 5 cents, with figures less than 5 cents going to the lower amount, and figures 5 cents or more going to the higher amount. Hourly and per shift allowances are rounded to the nearest cent.

 

Expense related allowances (such as meal and travelling allowances) will be adjusted on 1 July each year in line with the increase in the Consumer Price Index for Sydney during the preceding year (March quarter figures).

 

 

 

D. CHIN J, Vice President

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.