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.