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New South Wales Industrial Relations Commission
(Industrial Gazette)





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THE NATIONAL TRUST OF AUSTRALIA (NSW) BUSH REGENERATORS AWARD
  
Date08/13/2004
Volume345
Part8
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C2765
CategoryAward
Award Code 1748  
Date Posted08/13/2004

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1748)

SERIAL C2765

 

THE NATIONAL TRUST OF AUSTRALIA (NSW) BUSH REGENERATORS AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Workers' Union, New South Wales, industrial organisation of employees.

 

(No. IRC 1944 of 2004)

 

Before The Honourable Justice Walton, Vice-President

28 April 2004

 

AWARD

 

ARRANGEMENT

 

PART A

 

Clause No.          Subject Matter

 

1.         Parties to the Award

2.         Term of the Award

3.         Background & Intent

4.         Terms of Engagement

5.         Classification Structure

6.         Hours of Work

7.         Inclement Weather

8.         Meal Allowance and Meal Breaks

9.         Superannuation

10.       Wage Rates

11.       Travel Time

12.       Tools

13.       First Aid

14.       Public Holidays

15.       Sick Leave

16.       Personal Carers’ Leave

17.       Annual Leave

18.       Leave Without Pay

19.       Annual Leave Loading

20.       Long Service Leave

21.       Payment of Wages

22.       Mixed Functions

23.       Personal Kit Provided

24.       Bereavement Leave

25.       Anti-Discrimination

26.       Redundancy

27.       Training

28.       Disputes Procedure

29.       O H & S

30.       Trade Union Training

31.       Definitions

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

 

PART C

 

Schedule 1 - Classification Structure

 

1.  Parties to the Award

 

The parties to this award are the National Trust of Australia (NSW), hereinafter referred to as (NT) and the Australian Workers Union, New South Wales, hereinafter referred to as  (AWU).  This award shall apply to work performed by employees specific herein employed by the NT.

 

2.  Term of the Award

 

This award shall operate from the first full pay period on or after 2 April 2004.  It shall have a nominal period of two years.

 

3.  Background & Intent

 

NT is a non-profit, community-based organisation.  It depends predominantly on its own resources to generate funds to maintain 35 heritage sites and properties throughout New South Wales.

 

Any surplus generated from the Bushland Management Sector is only one form of fundraising that NT undertakes and it contributes to the overall cash reserves available to NT for the purposes outlined above.

 

The parties to this award agree to work together to develop a committed and skilled workforce that is focused on productivity and safe working conditions.

 

NT aims to deliver superior but cost-effective bush regeneration services throughout New South Wales.  The parties will work to achieve this by encouraging training, safety and productivity amongst bush regenerators.

 

This award represents a partnership between NT and AWU committed to improving work performance, conditions and communications between management and bush regenerators.  At the same time, the partnership recognises that the AWU and any employee covered by this award fully understand that the work performed is carried out in a non-profit environment and the financial outcomes generated by this award have a direct bearing on the ability of the Trust to fulfil the obligations of its charter.

 

Further, the parties to the award recognise that the workforce has been traditionally employed on a casual basis. Nothing in this award shall be taken to prejudice that fact.

 

4.  Terms of Engagement

 

A.        "Casual Employee" means an employee who is engaged on a casual basis and is paid by the hour.

 

B.         "Full-time employee" means an employee who is engaged to work an average of 38 ordinary hours per week in accordance with this award.

 

C.         "Part-time employee" means an employee who is engaged to work a regular number of hours but less than 38 per week.

 

D.         An employee shall be engaged as a full-time, part-time or casual employee, and shall be advised of such at the commencement of employment.

 

E.         In order to terminate the employment of a permanent full-time or part-time employee NT must give to the employee the following notice, (subject to Clause 25 Redundancy)

 

Period of Service

Period of Notice

 

 

1 year or less

1 week

1 year and up to the completion of 3 years

2 weeks

3 years and up to the completion of 5 years

3 weeks

5 years and over

4 weeks

 

(i)         In addition to the notice in (E) employees over 45 years of age at the time of the giving of the notice with not less than two years service, are entitled to an additional week’s notice.

 

(ii)        Payment in lieu of the notice prescribed in (E) must be made if the appropriate notice period is not given, provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(iii)       The period of notice in this clause does not apply in the case of dismissal for serious misconduct, or in the case of casual employees or employees engaged for a specified period of time or for a specific task or tasks.

 

5.  Classification

 

It is recognised that classification is based on skill and competence.

 

An employee shall be employed at one of the following classification levels:

 

Level 1

Trainee Bush Regenerator

 

 

Level 2

Bush Regenerator

 

 

Level 3

Senior Regenerator

 

 

Level 4

Assistant Supervisor

 

 

Level 5

Site Supervisor, or

 

 

Level 6

Trainer / Facilitator

 

The degree to which such skill and competence is applied and used or required to be applied and used by the employee determines the employees classification.

 

Detailed descriptions of the requirements for the grading of any employee within any of the above work classification are contained in Schedule 1, Part C, Classification Structure.

 

6.  Hours of Work

 

(A)       Ordinary Hours

 

(i)         The ordinary hours of work are to be an average of 38 per week but not exceeding 152 hours in 28 days.  The ordinary hours shall be worked between the hours of 6.00am and 6.00pm, Monday to Friday inclusive, and shall be continuous except for meal breaks.

 

(ii)        Each 28 day block only coincides with two fortnightly pay periods i.e. each pay period can only be recognised once and ends on the date of the periodic reporting calendar.

 

(B)       Casual Employees Minimum Engagement

 

(i)         The minimum engagement for casual employees shall be three hours.

 

(C)       Overtime

 

Overtime rates will apply to all work done outside the ordinary hours.

 

(i)         All time worked in excess of the *ordinary hours shall be paid for at the rate of time and a half for the first three hours and double time thereafter. *ordinary hours i.e. 8 hours straight thereafter overtime

 

7.  Inclement Weather Arrangements

 

Notwithstanding Clause 6(B) above, the following arrangements shall apply in inclement weather.  These inclement weather arrangements apply to outside working only.

 

The following provisions shall relate to casual employees only.

 

(A)       Whole Day Cancellation

 

(i)         The decision to cancel work due to inclement weather is made by the site supervisor

 

(ii)        If work is to be cancelled the site supervisor will ring affected employees no later than one (1) hour prior to the scheduled start time for work at that site and advise them not to attend the site.

 

(iii)       Supervisors will be reimbursed for cost of calls on submission of documented evidence duly authorised by Bushland Manager.

 

(iv)       If an employee travelling longer distances leaves home to attend the site in excess of one (1) hour prior to the scheduled start time and is concerned about the weather for the day he/she will ring the site supervisor prior to leaving for the site.

 

(v)        No payment will be made when the day is cancelled in this manner.

 

(B)       Part Day Cancellation

 

(i)         If weather becomes inclement after employees arrive for work but before the minimum engagement has been worked employees are to be paid a one-hour ‘sit-out’ allowance whilst a decision about cancellation/ continuance of work that day is made.  Such decision will be made within the sit out time period and the time is to be used productively by employees on discussion and site planning, sharpening tools, adding to species lists, or otherwise as agreed.

 

(ii)        If the weather deteriorates after the minimum engagement has been worked but not to the level where work maybe immediately cancelled, the sit-out conditions and allowance apply.

 

(iii)       If the site supervisor decides to cancel work partway through a day, work stops at the time the decision to cancel is made and provided the minimum engagement has been worked no further allowance is required to be paid by NT.

 

(C)       Definitions

 

For the purposes of this clause, Inclement Weather may be a result of;

 

(i)         rain, sleet or hail

 

(ii)        extremes of heat or cold, or

 

(iii)       other adverse weather conditions as agreed at the time, such that employee safety and/or the employees ability to carry out assigned tasks is compromised, and

 

(iv)       with the best intention will take into consideration the ability of individual employees to cope with the weather conditions being faced by the team on the day.

 

8.  Refreshment and Meal Breaks

 

(A)       Meal Breaks

 

A meal break of not less than 30 minutes nor more than one hour shall be allowed during each working day.  The meal break shall be taken at the most convenient time mutually agreed between the supervisor and the employee.  However no employee shall be required to work continuously on any day for more than five hours without a meal break.

 

(B)       Rest and Refreshment Breaks

 

In addition to a meal break, employees shall be entitled to one ten minute rest and refreshment break per day which shall be counted as time worked.

 

An employee will be entitled to a second ten minute break on the completion of five (5) hours continuous work from the completion of his/her last rest and refreshment break or meal break which ever was the more recently taken.

 

9.  Superannuation

 

(A)       The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act, 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993.  The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

(B)       NT shall be a participating employer in the following fund:

 

APS- Australian Public Superannuation Fund (section 124 of the I R Act)

 

and shall participate in accordance with the Trust Deed of that fund. NT shall contribute to the Fund in accordance with the appropriate legislation.

 

(C)       NT shall provide each employee upon commencement of employment with membership forms of the fund and, when completed by the employee, shall forward the completed membership form to the fund within 14 days of receipt at the Trust.

 

(D)       An employee who wishes to make additional contributions must authorise NT in writing to pay into the fund from the employee’s wages a specified amount, or an amount in accordance with the Trust Deed and the rules of the fund.

 

(E)        An employee may vary his or her additional contributions by a written authorisation and NT must alter the additional contributions within 14 days of the receipt of the authorisation.  The employee must advise their fund manager directly of this alteration.

 

(F)        Ordinary time earnings shall be defined as including:

 

(i)         Award classification rate

 

(ii)        Ordinary time earnings does not include bonuses, commission, payment for overtime or other extraordinary payment, remuneration or allowance.

 

10.  Wage Rates

 

(A)       Full-time Employee

 

The wage rates for a full-time employee shall be the weekly rate for the appropriate classification appearing in column 1 of Table 1 - Rates of Pay, of Part B, Monetary Rates.

(B)       Part-time Employees

 

The minimum rates of pay for a part-time employee shall be the hourly rate for the appropriate classification appearing in column 2 of Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

(C)       Casual Employees

 

A casual employee shall mean an employee who is engaged by the hour and paid by the hour.  The hourly rate for a casual employee shall be the hourly rate for the appropriate classification appearing in column 3 of Table 1- Rates of Pay, of Part B Monetary Rates.

 

The hourly rate for a casual employee includes 1/12th as prescribed by the Annual Holidays Act 1944. The Award shall be increased in accordance with the State Wage Case as specified by IR Commission Decision.

 

11.  Travel Time

 

Where an employee is required by NT to travel from one place of work to another during normal hours of work,, the time occupied in travelling shall be counted as time worked and shall be paid for as such.  If an employee is directed by the Bushland Manager to use their private vehicle for this purpose an allowance as set out in Table 2 of Part B Monetary Rates of this Award will be paid, provided that the employee provides a copy of the motor vehicle log book showing appropriate use.

 

12.  Tools

 

(A)       All tools required shall be provided free of charge and must be used by employees of the NT, in the performance of their work and shall remain the property of NT.

 

(B)       Where specific tools are not provided by the NT or are unavailable, a requisition must be completed and forwarded to the Bushland Manager. Where employees  must use their own tools, their use must have prior approval of the Bushland Manager.  Refer to Table 4 Other Rates and Allowances Item 3.

 

(C)       Tool carrying is the responsibility of  the Site Supervisor or Assistant Supervisor.  Where more tools are required on site an allowance will be paid to a bush regenerator.  Refer to Table 4 Other Rates and Allowances Item 4.

 

(D)       Employees shall be responsible to ensure that tools not in use are kept in a safe place so as to minimise the risk of the tools becoming lost or stolen.

 

13.  First-Aid

 

(A)       NT shall provide and maintain a suitably equipped first-aid outfit at all places of work to which this award applies.

 

(B)       Any employee nominated by NT who is suitably qualified to act, and who agrees to act as a First Aid Officer on a specific site and performs first-aid duties shall be paid a daily rate as detailed in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to his/her ordinary rate.

 

(C)       If NT and any employee agree that the employee obtain a first aid certificate for use by the employee in his/her employment, then the employee shall be entitled to time off on full pay to attend a first aid training course approved by NT.  Upon successful completion of such course any fees incurred by the employee in attending the course will be reimbursed to the employee by NT upon production of a receipt for payment of the said fees.

 

14.  Saturdays, Sundays and Public Holidays

 

(A)       All full-time and part-time employees shall be entitled to the following public holidays without loss of pay:

 

New Year’s Day

 

Australia Day

 

Good Friday

 

Easter Saturday

 

Easter Monday

 

Anzac Day

 

Queen’s Birthday

 

Labour Day

 

Christmas Day

 

Boxing Day

 

and any other day proclaimed as a holiday for the State and observed generally.

 

(B)       Where a casual employee is required to perform work on a public holiday they shall be paid at the ordinary rate, with a minimum of three hours.

 

(C)       All work performed on Saturdays shall be paid for at the rate of time and one half, with a minimum engagement of three hours.

 

(D)       All work performed on Sundays shall be paid for at the rate of double time, with a minimum engagement of three hours.

 

(D)       Additional holiday (the AWU picnic day), which is held on the first Monday of December of each year or, as time to time effective, shall be paid at ordinary time, at ordinary hours worked, even though not worked.

 

(E)        NT may require from an employee evidence of his/her attendance at the picnic, and production of the butt of the ticket issued for the picnic shall suffice.

 

15.  Sick Leave

 

(A)       Where the employee is unable to attend for duty, the employee will endeavour to inform NT within 2 hours of the usual commencement time.

 

(B)       Each full-time and part-time employee who has completed three months continuous service and who is absent from work on account of personal illness or injury, shall be entitled to leave of absence with pay, subject to the following conditions and limitations:

 

(i)         The employee shall,  within 2 hours of his / her normal commencement time where possible, inform NT of the employee’s inability to attend for duty and, as far as practicable, state the estimated duration of the absence.

 

(ii)        The employee shall furnish such evidence as NT reasonably may require that the employee was unable, by reason of such illness or injury, to attend for duty on the day or days for which sick leave is claimed.

 

(iii)       Subject to sub-clause (C) of this clause, full-time employees shall be entitled to the quantum of:

 

5 days in the first year of service;

 

8 days in the second and subsequent years of service; and

 

Part-time employees receive a pro rata equivalent thereto.

 

(iv)       An employee shall not be entitled to paid leave of absence for any  period in respect of which workers’ compensation payments are being received.

 

(C)       Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (B) of this clause, which had in any one year not been allowed to an employee by NT as paid sick leave, may be claimed by the employee and, subject to the conditions herein before prescribed, shall be allowed by NT in any subsequent year without diminution of the sick leave prescribed in respect of that year.  Provided that sick leave which accumulates, pursuant to this subclause, shall be available to the employee for a period of twelve years, but for no longer, from the end of the year in which it accrues and sick leave shall accumulate in accordance with this subclause only whilst the employee remains in the service of NT.

 

16.  Personal Carers’ Leave

 

(A)       Use of Sick Leave

 

(i)         An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (b) of paragraph (iii), who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in Clause 15, Sick Leave, for absences to provide care and support, for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(ii)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

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

 

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

 

(b)       the person concerned being:

 

(1)        a spouse of the employee: or

 

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

 

(3)        a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee; or spouse or de facto spouse of the employee; or

 

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

 

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

 

(a)        ‘relative’ means a person related by blood, marriage or affinity;

 

(b)        ‘affinity’ means a relationship that one spouse because of marriage has to blood relatives of other; and

 

(c)        ‘household’ means a family group living in the same domestic dwelling.

 

(iv)       A full-time or part-time employee shall, wherever practicable, give NT notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(B)       Unpaid Leave

 

(i)         A full-time or part-time employee may elect, with the consent of NT, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (iii) of paragraph (b) of subclause (1) who is ill.

 

(C)       Annual Leave

 

(i)         A full-time or part-time employee may elect with the consent of NT, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(ii)        Access to annual leave, as prescribed in paragraph (A) of this subclause above, shall be exclusive of any shutdown period provided for elsewhere under this award

 

(iii)       A full-time or part-time employee and NT may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(D)       Time Off in Lieu of Payment for Overtime

 

(i)         A full-time or part-time employee may elect, with the consent of NT, to take time off in lieu of payment for overtime at a time or times agreed with NT within 2-4 weeks of the said election.  It cannot be taken as more than one day per month and is not accumulative.

 

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

 

(E)        Make-up Time

 

(i)         An employee may elect, with the consent of the employer, to work ‘make-up time’, under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(ii)        An employee on shift work may elect, with the consent of the employer, to work ‘make-up time’ (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate, which would have been applicable to the hours taken off.

 

(F)        Rostered Days Off

 

(i)         A full-time or part-time employee may elect, with the consent of NT, to take a rostered day off at any time.

 

(ii)        A full-time or part-time employee may elect, with the consent of NT, to take rostered days off in part day amounts.

 

(iii)       A full-time or part-time employee may elect, with the consent of NT, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between NT and the employee, or subject to reasonable notice by the employee or NT.

 

(iv)       This subclause is subject to NT informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

17.  Annual Leave

 

See Annual Holidays Act 1944.

 

18.  Leave Without Pay

 

After completion of one year’s service it is agreed casual staff may take leave without pay for a maximum of four weeks per annum.  After which the NT will endeavour to place the employee into a team without loss of classification.

 

19.  Annual Holiday Loading

 

(A)       In this clause the Annual Holidays Act 1944 is referred to as "the Act".

 

(B)       Before any full-time or part-time employee is given and takes an annual holiday or where by agreement between NT and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods NT shall pay the employee a loading determined in accordance with this clause.  (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (F))

 

(C)       The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act.

 

(D)       The loading is to be calculated in relation to any period of annual holiday to which the employee has or where such a holiday is given and taken in separate periods, then in relation to each such separate period.  (NOTE:  See subclause (F) as to holidays taken wholly or partly in advance).

 

(E)        The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (D) at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing such annual holiday.

 

(F)        No loading is payable to an employee who takes an annual holiday wholly or partly in advance, provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (E) of this clause, applying the award rates of wages payable on that day.  This subclause applies where an annual holiday has been taken wholly or partly in advance.

 

(G)       Where, in accordance with the Act, the employer’s establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employee concerned:

 

(i)         An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (E) of this clause.

 

(ii)        An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to the employee under the Act, such proportion of the loading that would have been payable to the employee under this clause if the employee had become entitled to an annual holiday.

 

(H)

 

(i)         When the employment of an employee is terminated by NT for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled,  the employee shall be paid a loading calculated in accordance with subclause (E) for the period not taken.

 

(ii)        Except as provided by paragraph (i) of this subclause, no loading is payable on the termination of an employee’s employment.

 

20.  Long Service Leave

 

See Long Service Leave Act 1955 (NSW).

 

21.  Payment of Wages

 

(A)       All wages and overtime shall be paid, not later than the Friday after each fortnightly pay period ends, by electronic funds transfer and shall not involve any of the employees in any banking costs.

 

(B)       Where an employee’s services are terminated by NT, the employee shall be paid all wages due within 24 hours upon receipt of time sheet or failing immediate payment, he/she shall be paid at the rate of the classification under which he/she was last employed for all time until he/she is paid.

 

22.  Mixed Functions

 

An employee transferred temporarily to a higher paid class of work for a day or more shall be paid at the higher rate for the remaining period of such transfer.

 

23.  Personal Kit Provided

 

NT shall provide, free of charge, the following kit including protective clothing to all employees:

 

1-3  shirts

 

1-3 pairs of trousers

 

1 pair of boots

 

1 pair of gloves

 

1 hat

 

1 pair Safety Glasses

 

1 tool Pouch including - Knife, trowel and secateurs

 

1 set of wet weather gear - trousers and jacket

 

Such clothing shall be issued in good condition and shall be retained by the employee during the period of employment but shall remain the property of NT.  It shall be renewed by NT when required and returned clean, in good condition when the employee ceases to be employed by NT.

 

NT shall supply bush regenerators with appropriate broad spectrum sunscreen.

 

24.  Bereavement Leave

 

(A)       An employee other than a casual employee shall be entitled; to a maximum of two days bereavement leave without deduction of pay, on each occasion of the death of a person in Australia as prescribed in subclause (C) of this clause.  Where the death of a person as prescribed by the said subclause (C) occurs outside Australia, the employee shall be entitled to two days bereavement leave where the employee travels outside Australia to attend the funeral.

 

(B)       The employee must notify NT as soon as practicable of the intention to take bereavement leave and will provide, to the satisfaction of NT, proof of death of the person whose funeral leave has been granted to attend.

 

(C)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer’s leave as set out in subparagraph (b) of paragraph (iii) of subclause (A) of Clause 17 Personal/Carer’s Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(D)       An employee shall not be entitled to bereavement leave under this clause during any period for which the employee has been granted other leave.

 

(E)        Bereavement leave may be taken in conjunction with other leave available under subclauses (B), (C), (D) and (E) of the said Clause 17.  In determining such a request NT will give consideration to the circumstances of the employee and the reasonable operational requirements of the business before the conjunction of the requested leave is granted.

 

25.  Anti-Discrimination

 

(A)       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.  The grounds for discrimination include race, sex, marital status, disability, homosexuality, transgender identity,  age and carer’s responsibilities.

 

(B)       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.

 

(C)       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.

 

(D)       Nothing in this clause is to be taken to affect:

 

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

 

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

 

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

 

(iv)       any party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(E)        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.

 

Notes:

 

(i)         NT and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(ii)        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 unnecessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

26.  Redundancy

 

(A)       Application

 

(i)         This clause shall apply in respect of full-time and part-time persons employed in the classification specific by Clause 5, Classification Structure.

 

(ii)        Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service and the general obligation on NT shall be not more than to give such employees an indication of the impending redundancy at the first reasonable opportunity and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(iii)       Notwithstanding anything contained elsewhere in this award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

(B)       Introduction of Change

 

(i)         National Trusts Duty to Notify -

 

(a)        Where NT has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effect on employees, NT shall notify the employees who may be affected by the proposed changes and the AWU.

 

(b)       'Significant effects' include termination of employment, major changes in the composition, operation or size of the NT’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

Provided that where this award makes provision for alteration of any of the matter referred to herein, an alteration shall be deemed not to have significant effect.

 

(ii)        National Trust’s Duty to Discuss Change -

 

(a)        The NT shall discuss with the employees affected and the AWU, inter alia, the introduction of the changes referred to in paragraph (i) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(b)       The discussions shall commence as early as practicable after a definite decision has been made by NT to make the changes referred to in the said paragraph (i).

 

(c)        For the purposes of such discussions, the NT shall provide to the employees concerned and the AWU all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on the employees and any other matters likely to affect employees, provided that NT shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(C)       Redundancy

 

(i)         Discussions before Terminations -

 

(a)        Where NT has made a definite decision that NT no longer wishes the job the employee has been doing done by anyone pursuant to subclause (B) - Introduction of Change, and that decision may lead to the termination of employment, NT shall hold discussions with the employees directly affected and with the AWU.

 

(b)       The discussions shall take place as soon as is practicable after the NT has made a definite decision which will invoke the provisions of subparagraph (a) of this paragraph and shall cover, inter alia, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(c)        For the purpose of the discussion the NT shall, as soon as is practicable, provide to the employees concerned and the AWU, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that NT shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(D)       Termination of Employment

 

(i)         Notice for Changes in Production, Program, Organisation or Structure - This paragraph sets out the notice provisions to be applied to terminations by the NT for reasons arising from production, program, organisation or structure, in accordance with subparagraph (a) of paragraph (i) of subclause (B) of this clause.

 

(a)        In order to terminate the employment of an employee the NT shall give to the employee the following notice:

 

Period of Continuous Service

Period of Notice

 

 

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

(b)       In addition to the notice above, employees over 45 years of age at the time of the giving of notice, with not less than two years continuous service, shall be entitled to an additional week’s notice.

 

(c)        Payment in lieu of notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(ii)        Notice of Technological Change - This paragraph sets out the notice provision to be applied to terminations by the NT for reasons arising from technology in accordance with subparagraph (a) of paragraph (I) of subclause (B) of this clause.

 

(a)        In order to terminate the employment of an employee the NT shall give to the employee three months notice of termination.

 

(b)       Payment in lieu of notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(c)        The period of notice required by this subclause to be given shall be deemed to be service with the NT for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

(iii)       Time off during notice period -

 

(a)        During the period of notice of termination given by the NT, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.

 

(b)       If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment the employee shall, at the request of the NT, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(iv)       Employee leaving during the Notice Period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the NT until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(v)        Statement of Employment - The NT shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.

 

(vi)       Notice to Centrelink - Where a decision has been made to terminate employees, the NT shall notify Centrelink thereof as soon as possible, giving relevant information, including the number and categories of employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(vii)      Centrelink Separation Certificate - The NT shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.

 

(viii)     Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in subparagraph (a) of paragraph (i) of subclause (B) of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated and the employer may, at the NT’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rate for the number of weeks notice still owing.

 

(E)        Severance Pay

 

(i)         Where the employment of an permanent employee is to be terminated pursuant to subclause (D) of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the NT shall pay the following severance pay in respect of a continuous period of service.

 

(a)        If an employee is under 45 years of age, the NT shall pay in accordance with the following scale:

 

Years of Service

Under 45 Years of Age Entitlement

 

 

Less than 1 year

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over

16 weeks

 

(b)       Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

 

Years of Service

45 Years of Age and Over Entitlement

 

 

Less than 1 year

Nil

1 year and less than 2 years

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years

17.5 weeks

6 years and over

20 weeks

 

(c)        ‘Week’s pay means the all-purpose rate of pay for the employee concerned at the date of termination and shall include in addition to the ordinary rate of pay, over award payments, shift penalties and allowances paid in accordance with this award.

 

(ii)        Incapacity to Pay - Subject to an application by the NT and further order of the Industrial Relations Commission of New South Wales, the NT may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (i) of this subclause.

 

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph (i) will have on the NT.

 

(iii)       Alternative Employment - Subject to an application by the NT and further order of the Industrial Relations Commission of New South Wales, the NT may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph (i) if the employer obtains acceptable alternative employment for an employee.

 

27.  Training

 

NT will provide training and education to improve workforce skills and understanding of work related programs as deemed necessary by NT. This training and education will be carried out predominately during ordinary working hours.  This training does not include bush regeneration courses held at TAFE, NT or other institutions.

 

28.  Disputes Procedure

 

The procedure for the resolution of industrial disputation will be in accordance with the following:

 

(A)       Procedure relating to a grievance of an individual employee:

 

(i)         The employee is required to notify NT (in writing or otherwise) as to the substance of the grievance, request a meeting with NT for bilateral discussions and state the remedy sought.

 

(ii)        A grievance must initially be dealt with as close to the source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(iii)       Reasonable time limits must be allowed for discussion at each level of authority.

 

(iv)       At the conclusion of the discussion, NT must provide a response to the employee’s grievance, if the matter has not been resolved including reasons for not implementing any proposed remedy.

 

(v)        While a procedure is being followed, normal work must continue.

 

(vi)       The employee may be represented by an industrial organisation of employees.

 

(B)       Procedure for a dispute between NT and the employees:

 

(i)         A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(ii)        Reasonable time levels must be allowed for discussion as each level of authority.

 

(iii)       While a procedure is being followed, normal work must continue.

 

(iv)       NT may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.

 

(C)       Subject to the Industrial Relations Act 1996, in the event that a dispute cannot be settled by the above procedures the Industrial Relations Commission of New South Wales may be notified of an industrial dispute for the purpose of resolving the dispute.

 

29.  Occupational Health & Safety

 

The NT and each employee are bound to observe the provisions of this award and shall also co-operate positively in respect of obligations pursuant to the Occupational Health and Safety Act 2000 and the Regulations 2001.

 

30.  Trade Union Training Leave

 

Each recognised union delegate, to a maximum of two people shall be entitled to three days per year paid trade union training leave.  Such payment shall be subject to the NT receiving at least one (1) month’s notice of the relevant course to be undertaken, and approval of attendance by NT management.

 

31.  Definitions

 

Mechanical Equipment -

Brush Cutters

 

Chain Saws

 

 

Manual Equipment -

Spade, Rake, Mattock, Peter Lever not  supplied by NT

 

PART B

 

Monetary Rates

 

Table 1- Rates of Pay

 

Classification

Full-time

Part-time Hourly Rate

Casual Hourly Rate

 

Weekly Rate

 

$

Trainee Bush Regenerator

471.20

12.40

13.50

Bush Regenerator

554.80

14.60

15.90

Senior Regenerator

625.10

16.45

17.95

Assistant Supervisor

630.80

16.60

18.10

Supervisor

830.70

21.15

23.05

Teacher/Trainer/

830.70

21.15

23.05

Facilitator

 

 

 

 

Rates applicable for year 2 of this agreement will be adjusted in line with the annual percentage change in the Consumer Price Index published by the Australian Bureau of Statistics for "All Groups, Index Numbers and Percentage Changes, Sydney" for the quarter ending 31 March 2004. The change percentage will be applied to rates payable with effect from 1 July 2004 and will be passed on in the first pay period ending after that date.

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Description

Rate

 

 

 

$

1

13

First Aid Allowance

$1.65 per day

2

5

Skill Allowance

Use of Mechanical Equipment $2.50

 

 

 

per ½ hour block

3

12

Provision and Maintenance of own

Ropes and Mechanical Equip $25 per

 

 

Tools

day

 

 

 

Manual Equip $1 per day

 

 

 

Wheelbarrow $5 per day

4

12

Allowance for Carrying National Trust

$5 per day (if not Supervisor or

 

 

Tools

Assistant)

5

11

Use of own vehicle

$0.52cents per km

 

PART C

 

CLASSIFICATION STRUCTURE

 

SCHEDULE 1

 

(A)       Trainee Bush Regenerator

 

1.          Purpose of Position

 

A Trainee Bush Regenerator provides labour for bushland weed control.  They will learn bush regeneration techniques, learn to work as part of a team and adopt a steady and safe approach to the use of tools and chemicals in the work place.

 

2.          Position Context

 

The Trainee Bush Regenerator reports to the Site Supervisor for site work.

 

For administrative matters the Trainee Bush Regenerator reports to the Bushland Manager.

 

3.          Essential Qualifications and Experience

 

The minimum requirements for a Trainee Bush Regenerator are as follows:

 

They must be prepared to undertake at their own cost, as soon as possible a TAFE Certificate II in Conservation and Land Management or have successfully completed a TAFE Bushland Weed Control Certificate Stage I or be currently enrolled in a relevant course approved by the Bushland Manager, or

 

They may already be enrolled in the relevant course of study above or in a course acceptable to  the Bushland Manager, and

Must have an interest in bushland weed control and management and be willing to use such equipment and chemical treatments as required in the course of their work

 

4.          Administration and Reporting

 

The Trainee Bush Regenerator will:

 

Provide all necessary documentation as required by the Human Resources Officer for recording employee records at the National Trust Head Office

 

Assist in the preparation of any work records when required

 

Assist in the development of site plans and species lists if appropriate

 

Record all hours worked on an appropriate timesheet and comply with the Payroll Policy and Procedures

 

Assist with any other work as directed from time to time

 

5.          Staffing and Planning

 

The Trainee Bush Regenerator will:

 

Liaise closely with the Site Supervisor to ensure the client contract is fulfilled as required through the Work Program

 

Report safety issues of concern to the site supervisor

 

Work effectively and co-operatively as part of a team

 

Arrive on site punctually and work in a efficient manner

 

6.          Field Operations

 

The Trainee Bush Regenerator will:

 

Work as directed within the contract specifications

 

Assist in the maintenance of all tools, equipment and herbicide and ensure that they are in a safe working condition

 

Ensure all tools, equipment and herbicide are secured and safely stored when not in use

 

Alert the Site Supervisor when tools or equipment are faulty or chemicals are needed, to ensure adequate tools and chemicals are always available when required

 

Assist in the removal or stockpiling of rubbish and vegetative debris on site for later removal

 

7.          Eligibility to Become a Bush Regenerator

 

In order to be eligible to become a Bush Regenerator the minimum standard that a trainee must attain is:

 

To have successfully completed an accredited TAFE training course as mentioned above in Section 3

 

To have completed a minimum of 350 hours and six months of on-site bush regeneration over a variety of different vegetation communities.  It may include prior work with other companies and or proven appropriate training with a Bushcare group

 

To have completed the work evaluation sheet to the satisfaction of the Bushland Manager

 

To have a good understanding of ecology and chemical awareness and be able to identify common weeds and native plants

 

To be knowledgeable, competent and confident in bushland issues

 

The site supervisor may recommend the trainee for eligibility, followed by the Bushland Managers approval.

 

(B)       Bush Regenerator

 

1.          Purpose of Position

 

A Bush Regenerator provides knowledge, skills, experience and labour in bushland weed control and bush regeneration techniques.

 

2.          Position Context

 

The Bush Regenerator reports to the Site Supervisor for site work.

 

For administrative matters the Bush Regenerator reports to the Bushland Manager.

 

3.          Essential Criteria, Qualifications and Experience

 

A Bush Regenerator must have:

 

Successfully attained all qualifications and experience as set out in Part C Clause (A) section 3 ‘Eligibility to become a Bush Regenerator’

 

4.          Administration and Reporting

 

As determined in Part C Clause (A)

 

5.          Staffing and Planning

 

As determined in Part C Clause(A)

 

6.          Field Operations

 

As determined in Part C Clause (A) and Assist in the training of Trainee Bush Regenerators

 

7.          Eligibility to Become an Assistant Supervisor

 

Eligibility to become an Assistant Supervisor will only occur if a vacancy arises.  Promotion is not automatic when a vacancy on a team arises. Some staff will not be suitable for Assistant Supervisor duties.

 

In order to be eligible to become an Assistant Supervisor a Bush Regenerator must:

 

Have successfully attained all qualifications and experience as set out in Part C Clause (A)

 

Have successfully completed an approved TAFE Certificate in Conservation and Land Management or the superseded Bushland Certificate Stage II in Bushland Management

 

Have completed a minimum of 1000 hours and six months of on site bush regeneration

 

Be willing and capable to undertake Assistant Supervisory duties

 

Be recommended for promotion by their Site Supervisors

 

Appointment as an Assistant Supervisor is on a site by site basis.

 

Please apply to the Bushland Manager for the appropriate form.

 

The Bushland Manager must approve the recommendation.

 

(C)       Senior Regenerator

 

1.          Purpose of Position

 

The Senior Regenerator position acknowledges additional skills, self-education, commitment, loyalty and maturity of long serving staff. Some of these staff may have chosen not to be supervisors or are not suitable to become supervisors but have the attributes listed below.

 

2.          Position Context

 

The Senior Regenerator reports to the Site Supervisor for site work.

 

For administrative matters the Senior Regenerator reports to the Bushland Manager.

 

3.          Essential Criteria Qualifications and Experience

 

A Senior Regenerator must have Either:

 

Successfully attained all qualifications and experience  as set out in Part C Clause (B) section 7 of the Award

 

And:

 

Have at least 10 years service with the National Trust of Australia (NSW) Bushland Management section.

 

And both categories must have:

 

A demonstrated commitment to widening their relevant knowledge base such as being a member of a Bushcare group and be a  member of a Bushcare Conservation Organisations

 

A demonstrated ability to assist with training trainees and pass on their skills and knowledge to other members of a team

 

An ability to discuss and contribute to site strategies

 

Skills and knowledge gained over several sites and within a range of vegetation communities

 

Worked consistently with a number of different supervisors

 

Been recommended and nominated by at least two supervisors and have a minimum of 1000 hours and six months working for the National Trust of Australia (NSW) Bushland Management section

 

4.          Administration and Reporting

 

As determined in Part C Clause (B)

 

5.          Staffing and Planning

 

As determined in Part C Clause (B)

 

6.          Field Operations

 

As determined in Part C Clause (B)

 

The Bushland Manager must approve the application.

 

(D)       Assistant Supervisor

 

1.          Purpose of Position

 

An Assistant Supervisor provides assistance to the Site Supervisor.  They have a high level of knowledge; skills, experience and labour in bushland weed control and bush regeneration techniques.  An Assistant Supervisor is normally appointed to a team with a minimum of four (4) staff.

 

2.          Position Context

 

The Assistant Supervisor reports to the Site Supervisor for site work.

 

For administrative matters the Assistant Supervisor reports to the Bushland Manager.

 

Appointment as an Assistant Supervisor is on a site-by-site basis.

 

3.          Essential Criteria, Qualifications and Experience

 

An assistant supervisor must have:

 

Successfully attained all qualifications and experience  as set out in Part C Clause (B)

 

The ability and willingness to stand in as Site Supervisor in the Supervisors absence.

 

A minimum of 1000 hours experience in bush regeneration.

 

4.          Administration and Reporting

 

As determined in Part C Clause (B)

 

5.          Staffing and Planning

 

As determined in Part C Clause (B) and

 

Liaise closely with the site supervisor to ensure the client contract is fulfilled as required

 

Assist the Site Supervisor as required

 

6.          Field Operations

 

As determined in Annexure B and

 

Assist the Site Supervisor as required

 

7.          Eligibility to Become a Site Supervisor

 

Eligibility to become a Site Supervisor will only occur if a vacancy arises. Promotion is not automatic when a vacancy arises. Some staff will not be suitable for Site Supervisor duties.

 

In order to be eligible to become a Site Supervisor an Assistant Supervisor must:

 

Have successfully attained all qualifications and experience  as set out in Annexure B, and

 

Have successfully completed the TAFE Certificate II in Conservation and Land Management or the superseded TAFE Certificate Stage II in Bushland Management

 

Have completed a minimum of 1000 hours of on site bush regeneration

 

Be willing and capable to be trained in undertaking Supervisory duties

 

Follow contract specifications

 

Be recommended for promotion by their Site Supervisors

 

The Bushland Manager must approve the Site Supervisors’ recommendation

 

(E)        Site Supervisor

 

1.          Purpose of Position

 

A Site Supervisor is responsible for the on-site contract management of a site to which they have been assigned.  A Site Supervisor provides on-site supervision of the bush regeneration work team and /or volunteers in accordance with the site plan or as specified by the Bushland Manager.  They have a high level of knowledge, skills and experience in bushland weed control and bush regeneration techniques.  This job description includes supervision/ training of volunteers on bushland sites.  They must also have good administrative, reporting, liaison and conflict resolution skills.

 

2.          Position Context

 

The Site Supervisor reports to the Bushland Manager.

 

3.          Essential Criteria, Qualifications and Experience

 

The Site Supervisor must have:

 

Successfully attained all qualifications and experience  as set out in Part C Clause (D)

 

A willingness to undertake training in and be prepared to use mechanised tools such as a chainsaw

 

A current first aid certificate

 

A current Class C drivers licence

 

4.          Staffing, Planning and General

 

The Site Supervisor must:

 

Provide competent and confident leadership skills to other staff and volunteers.

 

Provide supervision, training, technical advice and support to the work team and volunteers in accordance with the Work Program and company operating plan

 

Liaise with the Bushland Manager to provide input and support on the effectiveness of field operations

 

Liaise in a confident and polite manner to clients and members of the public

 

Identify and report management issues of concern to the Bushland Manager and work team if appropriate

 

Ensure team members work efficiently and co-operatively

 

Encourage input from other staff regarding the day to day on site work

 

Assist with monitoring and the preparation of site plans as required

 

Ensure all field operations and public contact are undertaken to a high standard in accordance with relevant legislation, regulations, client and company policies, management strategies and guidelines

 

Ensure safe work practices are maintained and assume responsibility for the first aid kit, tool and chemical security and emergency situations

 

Report all accidents and incidents to the Bushland Management staff and the Human Resources officer at the National Trust. All accidents should be recorded in the accident book and on appropriate report forms immediately

 

Report all disciplinary breeches and actions to the Bushland Manager and accurately record incidents in work site diary

 

Ensure staff work to company contract hours for starting, finishing and meal break times

 

Follow contract specifications

 

Ensure all staff work in accordance with the company '1997 Terms and Conditions of Employment'

 

Have knowledge of and implement legislation including, but not limited to OHS Act, Pesticide Act.

 

5.          Administration and Reporting

 

Many of the following administrative duties can be assigned to the Assistant Supervisor where appropriate.

 

The site supervisor must:

 

Initial timesheets of other staff after their day shift verifying the correct hours that have been worked (Site Supervisor only).

 

Complete the site summary immediately pay sheets are initialled

 

Ensure daily timesheets, summaries and report hours are completed accurately and the hours balance

 

Record, prepare and submit work records and reports when required

 

Assist in the development of site plans and strategies

 

Identify permanent photographic points for ongoing monitoring and evaluation of all work sites

 

Prepare condition of bushland maps at the start and finish of contracts and at key milestones

 

6.          Field Operations

 

Many of the following field operations can be assigned to the Assistant Supervisor (A/S) where appropriate.

 

Prepare and maintain all tools, equipment and herbicide for each work day and ensure that they are in safe working condition

Ensure all tools, equipment and herbicide are secured when not in use

 

Alert the Bushland Manager or Administrative Officer in a timely manner when tools or equipment are faulty or additional are required and when herbicide is required, to ensure their replacement or availability

 

Organise, in conjunction with the Bushland Department for the ordering and delivery of plants and mulch if appropriate

 

Organise the hire, use and maintenance of mechanical equipment

 

Supervise the removal or arrange burning of stockpiles of rubbish and vegetative debris

 

Work within contract specifications

 

(F)        Trainer Facilitator

 

1.          Purpose of Position

 

A Trainer/Facilitator provides supervision, training, technical advice and support at training workshops in accordance with the contract. This job description does not include supervision/ training of volunteers on bushland sites (see annexure F).

 

2.          Position Context

 

The Trainer/Facilitator reports to the Bushland Manager.

 

3.          Essential Criteria, Qualifications and Experience

 

In order to be eligible to become a Trainer/Facilitator a Bush Regenerator must have:

 

Successfully attained all qualifications and experience as set out in Part C Clause (B)

 

Proven experience and/or qualifications in providing training, supervision and technical advice to staff, clients, volunteers and members of the public

 

Have knowledge of and implement legislation including, but not limited to OHS Act, Pesticide Act.

 

A current first aid certificate.

 

A current Class C driver’s licence.

 

4.          Key Accountabilities

 

The trainer/facilitator is responsible for the training of volunteer bush regenerators and undertaking training workshops.  All work must be carried out in a professional manner and within the contract specifications.

 

5.          Staffing, Planning and General

 

The trainer/facilitator must:

 

Provide competent and confident leadership and training skills

 

Provide supervision, training, technical advice and support at training workshops in accordance with the contract

 

Have an understanding of the issues on a site-by-site basis - both natural and cultural environments

 

Assist with the preparation of training material

 

Liaise with the Bushland Manager to provide input and support on the effectiveness of field operations

 

Ensure all relevant workshop materials are prepared in advance and lesson preparation has been completed prior to each training session

 

Liaise in a confident and competent manner to clients and members of the public

 

Identify and report management issues of concern to the Bushland Manager immediately, and to the client where appropriate

 

Ensure all public contact is undertaken to a high standard in accordance with relevant legislation, regulations, client and company policies, management strategies and guidelines

 

Ensure safe work practices are maintained and assume responsibility for first aid, security and emergency situations

 

Report all accidents and incidents to the Bushland Management staff and the Human Resources officer at the National Trust.  All accidents should be recorded in the accident book and on appropriate report forms immediately

 

6.          Administration and Reporting

 

The Trainer/Facilitator must:

 

Ensure time sheets, summaries and report hours are completed accurately and balance

 

Complete the site summary as time sheets are initialled

 

Record, prepare and submit work records and reports when required

 

Assist in the development of site plans

 

7.          Field Operations

 

The Trainer/Facilitator must:

 

Prepare and maintain all tools, equipment and herbicide for each training day and ensure that they are in safe working condition.

 

Ensure all tools; equipment and herbicide are secured when not in use.

 

Alert the Bushland Manager or Bushland Assistant when tools or equipment are faulty, and herbicide is running low or needed, in a timely manner to ensure their replacement or availability.

 

Work within contract specifications.

 

 

 

M. J. WALTON  J, Vice-President.

 

 

____________________

 

Printed by the authority of the Industrial Registrar.

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