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New South Wales Industrial Relations Commission
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MURRAY IRRIGATION LIMITED CONSENT AWARD 2004
  
Date11/12/2004
Volume347
Part3
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C2906
CategoryAward
Award Code 1151  
Date Posted11/11/2004

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1151)

SERIAL C2906

 

MURRAY IRRIGATION LIMITED CONSENT AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1761 of 2004)

 

Before Mr Deputy President Grayson

8 July 2004

 

REVIEWED AWARD

 

Arrangement

 

Clause No. Subject Matter

 

PART A - FORMALITIES OF AWARD

 

1. Title

2. Scope, Application and Parties Bound

3. Objectives

4. Date and Period of Operation

5. Relationship to Previous Awards

6. New Positions

7. Award to be Displayed

8. Joint Consultative Committee

9. Definitions

 

PART B - CLASSIFICATION AND CAREER PROGRESSION

 

10. Skills and Classification

11. Labour Flexibility

 

PART C - REMUNERATION

 

12. Pay Increases

13. Allowances

14. Performance Rewards

 

PART D - HOURS OF WORK

 

15. Ordinary Hours

16. Call Out

17. Casual Employees

18. Part-time Employees

19. Overtime

20. Meal and Rest Breaks

 

PART E - LEAVE

 

21. Annual Leave

22. Rostered Days Off

23. Annual Leave Loading

24. Sick Leave

25. Personal/Carer's Leave

26. Long Service Leave

27. Bereavement Leave

28. Parental Leave

29. Jury and Other Service

30. Discretionary Leave

31. Public Holidays

 

PART F - OTHER CONDITIONS

 

32. Payment of Wages

32A. Deduction of Union Membership Fees

33. Probation

34. Superannuation

35. Protective Clothing

36. Training

37. Termination of Employment

38. Disciplinary Procedure

39. Abandonment of Employment

40. Redundancy

41. Confidentiality

42. Travelling Between Sites

43. Grievance Procedure

44. Anti-Discrimination

45. Health and Safety

46. Employment Records

 

PART G - DECLARATION AND FUTURE COMMITMENTS

 

47. Declaration

48. Future Negotiations

49. Joint Review of Conditions

50. Schedule A - Arrangements for Channel Attendants

 

PART H - MONETARY RATES

 

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

 

PART A

 

FORMALITIES OF AWARD

 

1. Title

 

This award shall be known as the Murray Irrigation Limited Consent Award 2004.

 

2. Scope, Application and Parties Bound

 

2.1 This award provides for the employment arrangements for employees of Murray Irrigation Limited ("MIL").

 

2.2 This award binds MIL and each person employed from time to time by MIL in a capacity covered by this award as per classifications as set out in Part H - Monetary Rates, The AWU-FIME Amalgamated Union, New South Wales; the Transport Workers' Union of Australia, New South Wales Branch; the Construction, Forestry, Mining and Energy Union of Australia, New South Wales Branch; and the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales.

 

3. Objectives

 

The parties agree that the objectives of the award are:

 

3.1 To set the employment relationship between MIL and its employees.

 

3.2 The parties to this award are committed to the provision of cost-effective services to the irrigators of Murray Irrigation. As such, the parties recognise the need for a viable, efficient organisation with a sustainable capacity to provide cost-efficient irrigation and related services to the rural community on which it will depend for its revenue and the need to provide stable, secure, long-term employment.

 

3.3 This award facilitates as much flexibility in the day to day work of the organisation to meet the fundamental objectives outlined and to maximise operational efficiency, as well as to take account of the seasonality of work in the business of MIL.

 

4. Date and Period of Operation

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Murray Irrigation Limited Consent Award 1996 published 12 April 2002 (332 I.G. 849), and all variations thereof.

 

The award published 12 April 2002 took effect from the beginning of the first pay period to commence on or after 14 June 2001.

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take effect on and from 22 June 2004.

 

The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

5. Relationship to Previous Awards

 

The award published 12 April 2002 rescinded and replaced the Crown Employees (Mechanical Inspectors - Water Resources Commission) (Salaries) Award published 8 October 1986 (243 I.G. 107), as varied, the Crown Employees (Overtime) Award published 12 February 1986 (240 I.G. 661), as varied, the Crown Employees (Public Service General Division Staff Salaries) Award published 18 February 1981 (220 I.G. 1006), as varied, and the Crown Employees (Department of Water Resources, General Miscellaneous Salaries) Award published 12 January 1990 (254 I.G. 121), as varied, relating to employment in the industries and/or the industrial pursuits governed by this award, but no right, obligation or liability incurred under previous awards shall be affected by such rescissions.

 

6. New Positions

 

New positions created by the changing requirements of the organisation will be appropriately classified in accordance with this award, reflecting the skills and responsibilities associated with the position.

 

7. Award to be Displayed

 

This award will be displayed and individual copies made available on request to all employees covered by this award.

 

8. Joint Consultative Committee

 

8.1 The existing Consultative Committee will continue to be an integral part of the organisation of work of MIL. For this reason, it is imperative that members of the Committee act positively to resolve matters of mutual interest and that they carry out their duties in a responsible and timely manner.

 

8.2 Upon agreement and registration, the Committee will meet to determine regularity of future meetings and representation.

 

8.3 The Committee shall have not less than six employee representatives or less than three management representatives.

 

8.4 It is intended that the Consultative Committee will not take over the role of the existing or future workplace safety committees.

 

9. Definitions

 

"MIL" - means the employer, Murray Irrigation Limited, or the employer's nominee, representative, and can mean a manager, a works supervisor or other person nominated by the General Manager to represent the employer.

 

"General Manager" - the General Manager of MIL or the authorised person acting in the position.

 

"Traumatic Illness or Injury" - injury/illness disabling the employee from work.

 

"Accredited Official of the Union" - an official of a Union which is party to this award who has members working for MIL.

 

"MIL's Premises" - means the property or properties owned, leased or controlled by MIL.

 

"Extreme Seasonal Variation" - seasonal conditions having significant effect on the income and/or operations of the business through extremes of rainfall, drought, flooding or other factors clearly beyond the control of MIL.

 

"Fraudulent Claims" - dishonest or deceptive claims relating to any claim(s) made for leave, etc., where the eligibility for the claim(s) has not been met.

 

"Consultative Committee" - a committee formed representing management and employees to assist in the resolution of disputes, the implementation of workplace arrangements and to enhance productivity and the workplace environment.

 

"Salary" - means the ordinary-time rate of pay for the employee concerned.

 

"Engagement" - for the purposes of clause 17, Casual Employees, shall be deemed to be the period(s) for which MIL notifies the employee that he or she is so required to attend on any one day. Provided that, subject to Part C - Remuneration, each period of engagement shall stand alone.

 

"Traineeship" - is a system comprising structured on-the-job training and may include off-the-job training in a recognised and relevant training institution.

 

"Act" - means the Industrial Relations Act 1996.

 

"Commission" - means the Industrial Relations Commission of New South Wales.

 

"DIPNR" - means the Department of Infrastructure, Planning and Natural Resources and its predecessors.

 

PART B

 

CLASSIFICATION AND CAREER PROGRESSION

 

10. Skills and Classifications

 

10.1 Performance of Duties - Subject to this award, employees are expected to perform and will be paid for those duties for which they are employed and which are within their competence to perform safely. All employees must be fit and able to carry out the work they perform. Employees required to work in or near the water distribution system must have documentary evidence to prove their ability to swim. Where the work requires it, employees must hold a current driver's licence.

 

10.2 Skills and Classifications - Classifications at the commencement of this award shall relate to the responsibilities, skills and range of tasks performed by the employee as outlined in the appropriate Table in Part H - Monetary Rates.

 

10.3 Review of Skills, Responsibilities and Performance - The parties agree that reviews of the skills, responsibilities, performance and classifications may be conducted by the parties from time to time. Should an employee not agree with the outcome of such a review or the employee considers that there are grounds for a review, appeals based on skills, responsibility and flexibility shall, in the first instance, be by representation to the General Manager at any time.

 

10.4 Acting Up in Another Position - Where an employee is instructed to act in a more senior position for more than three days, an allowance equal to the salary difference shall be paid for the period the employee so acts. This allowance will be paid only with both prior approval for the task to be undertaken and paid.

 

10.5 Careers and Multi-skilling -

 

10.5.1 In accordance with the provisions of this award, employees shall be required to perform a variety of tasks associated with the responsibilities, customer services and the efficient delivery of services of MIL. A job description for each position outlining skills and responsibilities will be made available to staff.

 

10.5.2 The skills structure determines career path options for employees and staff training shall be directed at ensuring reasonable opportunity and access to better paid and more fulfilling jobs for employees.

 

10.5.3 Employees' duties shall focus on the efficient delivery of services to customers and employees shall not be restricted from involvement (at the level of their ability) in tasks other than their usual duties as determined by MIL, provided they have appropriate skills and qualifications.

 

10.6 Commitment to Review and Develop Career Paths -

 

10.6.1 Consistent with the commitment to develop new classification scales, the parties commit to co-operate in the development of new and improved career paths which complement the skills, tasks and responsibilities associated with the provision of the best possible customer service and efficient delivery of services.

 

10.6.2 The career paths will reflect the need for flexibility, progressive development of skills, multi-skilling and the performance of incidental and peripheral work.

 

10.7 Workplace Modernisation -

 

10.7.1 The parties are committed to a continuous process of modernising the workplace to ensure a high level of customer satisfaction, more flexible working arrangements, enhanced skills and job satisfaction.

 

10.7.2 The parties commit themselves to the following principles:

 

10.7.2.1 Acceptance that the work of individuals will be more broadly based and generic in nature, incorporating the ability for an employee to perform a wider range of duties which are incidental or peripheral to their main task or function.

 

10.7.2.2 Subject to agreement by management, employees will undertake training for the wider range and higher level duties. This will lead to access to higher pay when performing those more skilled jobs.

 

10.7.2.3 The parties will not create barriers to advancement of employees within the skills structure or through access to training.

 

10.8 Introduction of Change (Technological or Other) -

 

10.8.1 It is MIL's duty to notify:

 

10.8.1.1 Where MIL is reasonably sure that it will be necessary to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, MIL shall notify the employees and their union representatives who may be affected by the proposed changes.

 

10.8.1.2 "Significant Effects" include termination of employment, major changes in the composition, operation or size of MIL's workforce or in the skills required; the elimination or diminution of job opportunities or job tenure; the alteration of hours of work; the need for training or transfer of employees to other work or locations and the restructuring of jobs, provided that where this award makes provisions for alteration of any of the matters referred to herein, they shall be deemed not to have significant effect.

 

10.8.2 Discussion of Change:

 

10.8.2.1 MIL shall discuss with the employees affected and their representative the introduction of the changes referred to in subparagraph 10.8.1.1 of paragraph 10.8.1 of this subclause, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees.

 

10.8.2.2 The discussions shall commence as early as practicable after a definite decision has been made by MIL to make the changes referred to in subparagraph 10.8.1.1 of paragraph 10.8.1 of this subclause.

 

10.8.2.3 For the purpose of such discussion, MIL shall provide in writing to all the employees concerned all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that MIL shall not be required to disclose confidential information, the disclosure of which would be detrimental to MIL's interest.

 

10.9 Channel Attendants - Other particular water distribution staff arrangements, such as rostered work, are contained in Schedule A.

 

11. Labour Flexibility

 

11.1 As an ongoing process for improvement in productivity and efficiency, consultation shall continue to take place at the workplace level to provide more flexible working arrangements, improvements in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the restructuring process and to encourage consultative mechanisms across the workplace for all employees.

 

11.2 The terms of any proposed arrangement reached between MIL and employee(s) shall, after due processing, substitute for the provisions of this award to the extent that they are contrary, provided that:

 

11.2.1 a majority of employees affected and their representatives agree;

 

11.2.2 such arrangement is consistent with the current wage fixing principles;

 

11.2.3 the terms of the arrangement are committed in writing, signed by MIL and the employee(s) affected, or their duly authorised representative, and such document shall be treated as a part of this award and equally enforceable.

 

11.3 Such workplace arrangements shall be processed as follows:

 

11.3.1 All employees and their representatives will be provided with the current prescriptions that apply and the proposed alterations.

 

11.3.2 Where an arrangement is agreed between MIL and the employees and their authorised representative, such arrangement shall be committed to writing.

 

11.3.3 Where the arrangement is agreed between MIL and a majority of permanent employees and their representatives under this award, such arrangements shall be committed to writing.

 

11.3.4 Any employee may raise an issue for discussion and this should be processed through the consultative committee.

 

11.4 The arrangement shall be signed by MIL, or MIL's duly authorised representative, and the employees or their authorised representative with whom agreement was reached.

 

11.5 Such arrangement, when approved, shall be issued on the request of each employee affected.

 

PART C

 

REMUNERATION

 

12. Pay Increases

 

12.1 Pay increases will apply as a consequence of this award.

 

12.2 Weekly Pay Rates -

 

12.2.1 The weekly pay rates for the relevant classifications are set out in Part H - Monetary Rates, and calculated using the following principles:

 

12.1.2.1 Payment for two extra hours worked at time and a half each week.

 

12.1.2.2 Consideration of adjustments payable under the State Wage Case 2001, the State Wage Case 2002, the State Wage Case 2003 and the State Wage Case 2004. These adjustments may be offset against any equivalent overaward payments, and/or award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

 

12.3 Entry Level Employees - The entry rate for future entry employees not otherwise classified and not possessing the skills and experience for another classification will be based on the entry level, i.e., General Construction Grade 1.

 

12.4 Salary sacrifice - Opportunities for employee-initiated salary sacrifice for superannuation and other benefits are available within the scope of this award.

 

13. Allowances

 

13.1 Expenses Incurred by Employees in the Conduct of their Duties -

 

13.1.1 All reasonable expenses incurred by staff in the carrying out of the work of MIL, other than those normally incurred by an employee, shall be reimbursed within seven working days of submission of invoice. Allowance in advance for significant costs will be available but must be approved by the General Manager.

 

13.1.2 Such reasonable expenses may include necessary materials, tools, accommodation and reasonable meals that can be demonstrated as essential for the work.

 

13.1.3 Where employees are required to be accommodated overnight in the course of their work away from their normal location, the general standard of accommodation should be three star, provided that the level of accommodation is available and further provided that prior approval is granted for that travel and accommodation.

 

13.2 Allowances in Addition to the Salary Rate -

 

13.2.1 A skill-based allowance specifically for the use of sprays and chemicals will be paid per day (or part thereof) as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part H - Monetary Rates, while the employee is employed in a spray crew.

 

13.2.2 A first-aid allowance per day as set out in Item 2 of the said Table 2 shall apply to one member of each work crew.

 

14. Performance Rewards

 

Where applicable and individual or workplace group performance warrants, the General Manager may approve rewards outside salary for individual or workplace group performance. Such rewards will require justification in line with audit procedures.

 

PART D

 

HOURS OF WORK

 

15. Ordinary Hours

 

15.1 General -

 

15.1.1 In recognition of the particular circumstances which apply to the cost-effective delivery of water to irrigators, maximum flexibility of working days and times is essential. Consequently, work patterns, whether on a daily, weekly or seasonal basis shall, as far as practicable, be tailored to the needs of customers. Generally only employees involved in the provision of continuous service (namely staff in water distribution) will be expected to work outside weekdays; however, some circumstances may involve other staff in weekend work.

 

15.1.2 When employees, who are not rostered as part of normal working arrangements, are required to work Saturdays, Sundays or public holidays the hours worked will be paid as overtime.

 

15.2 Basis for Ordinary Hours -

 

15.2.1 The basic unit of determining time worked shall be based on an average 38-hour week, including authorised paid absences.

 

15.2.2 All staff, other than part-time employees and casuals, will work a minimum of two hours of overtime per week.

 

15.2.3 In some instances, tasks rather than hours will be an important job feature. In the case of all scheduled maintenance, construction, distribution and administration work, an employee will receive five working days notice of proposed alterations to normal hours.

 

15.3 Start and Finish Times - Actual starting and finishing times of individuals shall be determined by reference to their particular work area and work loads, both geographically and on a divisional basis. Normally, ordinary hours are to be worked between 6.00a.m. and 6.00p.m. A minimum ten-hour break between the completion of one day's work and the commencement of another shall be taken or overtime is to be paid until the break is achieved.

 

15.4 Working Patterns and Disputes - In the implementation of working hours, the significant determinant is the cost effective and safe delivery of services; however, all reasonable effort should be made to accommodate individual employee's needs. Wherever possible, hours should be constructed to allow maximum access to meaningful leisure time periods. Any dispute in relation to work patterns shall be resolved using the disputes settling procedure in this award.

 

16. Call Out

 

16.1 An employee recalled to work after leaving MIL's premises (whether notified before or after leaving the premises) shall be paid for a minimum of three hours work for each time the employee is so recalled. Provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full three hours if the job the employee was recalled to perform is completed within a shorter period.

 

16.2 The minimum of three hours shall not apply and payment will be for the time actually worked, where:

 

16.2.1 the employee resides on, or adjacent to, the premises; and/or

 

16.2.2 the employee returns to the place of work on a customary basis for a specific task or tasks.

 

17. Casual Employees

 

17.1 Casuals will generally be employed where insufficient numbers of appropriately skilled personnel cannot be secured on a regular and ongoing basis by MIL. Employment of casuals will be approved by the General Manager.

 

17.2 Casuals shall be paid per hour an additional 20% loading according to the skill level they perform. For any overtime work this loading shall increase to 50%, except for Sundays and hours in excess of 12 hours in any one day, when the loading shall be 100%.

 

17.3 Minimum engagement for casuals shall be four hours.

 

18. Part-Time Employees

 

Where an employee is engaged on a part-time basis (and not on a casual basis), benefits outlined in this award will apply on a pro rata basis.

 

19. Overtime

 

19.1 Calculation of Overtime - Overtime payments will generally be calculated at the rate of 1.5 times ordinary pay.

 

19.2 Overtime Rates -

 

19.2.1 Overtime shall mean one quarter hour continuous work or more in excess of (an average) 38 hours per week worked at the direction of MIL.

 

19.2.2 Payment for overtime worked (other than that described in clause 15.2.2), shall not be made under this award without both the specific and documented approval for the overtime to be worked and paid by a works supervisor duly authorised prior to the work being carried out.

 

19.2.3 Approved paid overtime shall be paid at the following rates to weekly employees:

 

19.2.3.1 For all overtime worked in excess of the agreed hours per week (averaged) - at the rate of time and a half, except Sundays and hours over 12 per day, which shall be at double time.

 

19.2.3.2 Overtime rates are not fixed for meal times.

 

19.2.3.3 An employee who works overtime which is not continuous (i.e., an unpaid break of more than one hour) with ordinary working hours shall be paid a minimum payment as for three hours' work at the rate of time and a half.

19.2.3.4 Time off in lieu of overtime is available at the hours worked by request of the employee and taken at a mutually agreed time.

 

19.2.4 After completion of the first continuous quarter hour, overtime shall not be paid for periods of less than one-half of an hour. Provided further that MIL and an employee may vary the terms of this clause that any variation is committed to writing and signed by both parties and the union representing the staff, provided any union objection is specified.

 

19.2.5 Payment for overtime worked shall be calculated in fortnightly periods.

 

19.2.6 Overtime hours for Channel Attendants shall be determined in accordance with their special conditions (Schedule A) generally applying to days worked "out of roster" or over the nominated working days per year (currently 217 per year).

 

19.3 Subject to Clause 19.4, MIL may require an employee to work reasonable overtime at overtime rates.

 

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

 

19.5 For the purposes of clause 19.4 what is unreasonable or otherwise will be determined having regard to:

 

19.5.1 any risk to employee health and safety;

 

19.5.2 the employee's personal circumstances including any family and carer responsibilities;

 

19.5.3 the needs of MIL;

 

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

 

19.5.5 any other relevant matter.

 

20. Meal and Rest Breaks

 

20.1 Employees shall be allowed a meal break each work day of not less than 30 minutes and not more than 60 minutes, which time shall not be paid for. No employee shall be required to work more than five hours without a break for a meal. Other rest breaks should be taken at times both convenient to colleagues and to customers and are not fixed. MIL expects common sense to prevail and reserves the right to implement set times if evidence of abuse exists.

 

20.2 MIL and an employee(s) may agree to any variation of this clause to meet the circumstances of the work at hand. For example, employees may take a 20-minute paid break once during a full normal working day, or split that into two ten-minute breaks.

 

20.3 This clause shall not apply to any employee whose scheduled work in any 24-hour period is four hours or less.

 

PART E

 

LEAVE

 

21. Annual Leave

 

21.1 Annual leave shall be due to employees on the basis of 20 working days per year (accruing at the rate of 2.923 hours per week).

 

21.2 Annual leave shall not be allowed to accrue beyond 40 working days and any leave in excess of that amount shall be taken at the instruction of the management. However, in exceptional circumstances, accrued days greater than 40 days may be approved by the General Manager.

21.3 The taking of annual leave shall be subject to the following:

 

21.3.1 All such leave, whether ordinary or accumulated, shall be taken only at such times as MIL, for operational purposes, shall deem convenient, and in the absence of agreement on the taking of leave, it shall be taken at a time determined by MIL, provided MIL shall, however, endeavour to comply with the needs of the employees.

 

21.3.2 Annual leave shall accrue from month to month and leave so accrued or any portion thereof may be granted to an employee by MIL at such time as the latter deems convenient.

 

21.3.3 Annual leave shall accrue to employees in respect of any authorised period of paid absence from duty. Payment for the period of leave shall be at the rate specified in this award and shall not include any special payments. In particular, it shall be based on the ordinary hours worked by the employee concerned, i.e., 38 hours in the case of a full-time weekly employee.

 

21.4 The rate of pay used to determine annual leave payments shall be that rate of pay which applies when the leave is taken.

 

21.5 Annual leave for Channel Attendants will accrue as for other staff; however, additional leave associated with their roster arrangements is included as time off in their roster schedule.

 

22. Rostered Days Off

 

Before 1 December each year, 13 rostered days off will be nominated for the following calendar year. Employees working rostered days off may accrue up to three days by agreement.

 

23. Annual Leave Loading

 

Leave loading shall not apply, but a sum equal to 1.3% of base annual salary shall be paid in the pre-Christmas pay period each year.

 

24. Sick Leave

 

24.1 Sick leave is for the sole purpose of providing income for employees unable to attend work through injury or illness. Unused sick leave will be accrued. Unused DIPNR accruals will remain.

 

24.2 An employee (other than a casual employee) after one year's service with MIL, who is absent from work on account of personal illness or on account of injury arising in the course of their employment, shall be entitled to leave with normal payment, subject to the following conditions:

 

24.2.1 An employee shall not be entitled to be paid for any absence for any period for which the employee is entitled to workers' compensation.

 

24.2.2 The employee shall take all reasonable steps prior to the commencement of such absence to inform MIL, or its representative, of the employee's inability to attend for duty and shall state the nature of the injury or personal illness and the estimated duration of the absence.

 

24.2.3 MIL may request that a claim for sick leave shall be supported by evidence satisfactory to MIL that the employee was unable on account of injury or personal illness to attend for duty on the day or days for which leave is claimed. The term "evidence satisfactory to MIL" means a medical certificate.

 

24.2.4 Fraudulent claims for sick leave payment shall be grounds for dismissal.

 

24.2.5 Sick leave will not be paid when an employee is on designated holiday or long service leave. However, where an employee is sick during annual or long service leave for a period in excess of five days and that period is supported by a doctor's certificate, the period of leave will be re-credited.

 

24.3 Where an employee is absent on sick leave for an extended period and/or management have a good and sufficient reason to believe that the employee will be unable to return to work or is unable to undertake the duties of the position, MIL at its cost may direct the employee to undertake a medical examination by a duly qualified medical practitioner to determine the employee's fitness for work and whether the employee should be retired on medical grounds.

 

24.4 Up to the end of the first year of employment, an employee will be entitled to five days sick leave, provided medical/illness proof is required. After one year's service the sick leave entitlement shall increase to ten days per year.

 

25. Personal/Carer's Leave

 

25.1 Use of Sick Leave

 

25.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 25.1.3(ii), 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 24, 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.

 

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

 

25.1.3 The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(ii) the person concerned being:

 

(a) a spouse of the employee; or

 

(b) 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

 

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

 

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

 

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

 

1. "relative" means a person related by blood, marriage or affinity;

 

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

 

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

 

25.1.4 An employee shall, wherever practicable, give the employer 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.

 

25.2 Unpaid Leave for Family Purpose

 

(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subclause 25.1.3(ii) who is ill.

 

25.3 Annual Leave

 

25.3.1 An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

25.4 Time Off in Lieu of Payment for Overtime

 

25.4.1 For the purpose only of providing care and support for a person in accordance with subclause 25.1 of this clause, and despite the provisions of subclause 19.2.3.4, the following provisions shall apply.

 

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

 

25.4.3 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.

 

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

 

25.4.5 Where no election is made in accordance with the said paragraph 25.4.1, the employee shall be paid overtime rates in accordance with the award.

 

25.5 Make-up Time

 

25.5.1 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.

 

25.6 Rostered Days Off

 

25.6.1 An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

25.6.2 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

25.6.3 An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

25.6.4 This subclause is subject to the employer informing each union which is both party to the award and which has members employed at 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.

 

26. Long Service Leave

 

The terms of the Long Service Leave Act 1955 shall apply. Previous continuous years of DIPNR service will be included in eligibility criteria although future accruals will be in strict accordance with the said Act.

 

27. Bereavement Leave

 

27.1 An employee, other than a casual employee, shall be entitled to a maximum of three days bereavement leave without deduction of pay, on the occasion of the death of a person as prescribed in subclause 27.3 of this clause.

 

27.2 The employee must notify MIL as soon as practicable of the intention to take bereavement leave and will, if requested by MIL, provide to the satisfaction of MIL proof of death.

 

27.3 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 clause 25.1.3(ii), provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

27.4 An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

27.5 Bereavement leave may be taken in conjunction with other leave available under clauses 25.2, 25.3, 25.4, 25.5 and 25.6. In determining such a request, MIL will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

28. Parental Leave

 

Parental leave means either maternity, paternity or adoption leave and has the same meaning as those terms in the Industrial Relations Act 1996, whose provisions shall apply to employees.

 

29. Jury and Other Service

 

29.1 An employee required for jury service during his or her ordinary working hours shall be paid ordinary-time earnings but payments for Court attendance shall be paid directly to MIL. An employee shall notify MIL as soon as possible of the date upon which he or she is required to attend for jury service. Further, the employee shall give MIL proof of his or her attendance, the duration of such attendance and the amount received in respect of jury service.

 

29.2 Other Service - Employees nominating for other service which may include voluntary service (S.E.S., Rural Fire Brigade, etc.) will be remunerated for approved absence from work.

 

30. Discretionary Leave

 

From time to time as applicable, the General Manager may approve discretionary leave for reasons other than outlined in this award. Such leave may be granted on the basis of leave without pay or leave with pay.

 

31. Public Holidays

 

The public holidays under this award shall be New Year's Day, Australia Day, Anzac Day, Good Friday, Easter Monday, Labour Day, Queen's Birthday, Christmas Day and Boxing Day, on the dates as gazetted from time to time by the NSW. Government. One additional day (e.g., union picnic day, local show day, local race day) shall be allowed without loss of pay. Employees who work on a public holiday shall be entitled to equivalent time off without loss of pay in addition to paid overtime for the hours worked. (Channel Attendant's arrangements are outlined in Schedule A). MIL and employee(s) may agree to alter the actual days on which these public holidays are observed, including taking the days in conjunction with annual leave.

 

PART F

 

OTHER CONDITIONS

 

32. Payment of Wages

 

32.1 Except on termination of employment, salaries shall be paid fortnightly.

 

32.2 Pay day, once determined, cannot be changed without a minimum of one month's notice unless exceptional circumstances beyond MIL's control arise.

 

32.3 Salaries shall be paid by one of the following means:

 

32.3.1 Generally by electronic funds transfer to the employee's nominated financial institution.

 

32.3.2 Payment by cheque only where banking facilities are inadequate.

 

32.4 MIL shall provide each employee every pay period, and on the employee's last day of employment, with a statement of the employee's earnings for that period or part thereof, as the case may be. Provided that where an employee is dismissed without notice, or an employee fails to give notice, abandons employment or otherwise ceases to be employed through no action of MIL, MIL shall not be obliged to pay any outstanding monies until the next scheduled pay day.

 

32a. Deduction of Union Membership Fees

 

32A.1 MIL shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

32A.1.1 the employee has authorised MIL to make such deductions in accordance with subclause 32A.1.2 herein;

 

32A.1.2 the Union shall advise MIL of the amount to be deducted for each pay period applying at MIL and any changes to that amount;

 

32A.1.3 deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

 

32A.1.4 there shall be no requirement to make deductions for casual employees with less than two months' service (continuous or otherwise).

 

32A.2 The employee's authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union rules) that the Union advises MIL to deduct. Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to MIL without first obtaining the employee's consent to do so. Such consent may form part of the written authorisation.

 

32A.1.3 Monies so deducted from employees' pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at MIL’s election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts, provided that:

 

32A.1.3.1 where MIL has elected to remit on a weekly or fortnightly basis, MIL shall be entitled to retain up to five per cent of the monies deducted; and

 

32A.1.3.2 where MIL has elected to remit on a monthly or quarterly basis, MIL shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

32A.1.4 Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

 

32A.1.5 The Union shall advise MIL of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly, or quarterly as the case may be. The Union shall give MIL a minimum of two months' notice of any such change.

 

32A.1.6 An employee may at any time revoke in writing an authorisation to MIL to make payroll deductions of Union membership fees.

 

32A.1.7 Where an employee who is a member of the Union and who has authorised MIL to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to MIL in order for payroll deductions of union membership fees to cease.

 

32A.1.8 This clause shall take effect from the beginning of the first pay period to commence on or after 24 November 2003.

 

33. Probation

 

New employees shall commence employment on a six month probationary period which shall be reviewed after one month, three months and six months.

 

34. Superannuation

 

34.1 MIL will provide superannuation in accordance with federal Superannuation Guarantee legislation as varied from time to time.

 

34.2 Employees will choose an approved fund as outlined by the Superannuation sub-committee of MIL.

 

34.3 Such choice may be altered by staff but not more often than annually.

 

34.4 Employees may contribute to superannuation in lieu of salary (within the guidelines of federal superannuation legislation).

 

35. Protective Clothing

 

35.1 Appropriate safety wear will be provided (including boots, protective overalls, glasses, helmets).

 

35.2 UV protection will be provided for employees while engaged in outdoor work.

 

35.3 In addition, one pair of trousers and two shirts will be provided annually to each employee.

 

35.4 One jumper and one jacket will be provided to each employee as required and replaced on a fair wear and tear basis, but not more often than annually.

 

35.5 For administration staff for whom the clothing referred to may be inappropriate, other clothing or equivalent payment for other clothing will be made.

 

36. Training

 

36.1 Apprentices - An apprentice's wage shall be calculated to the undermentioned percentage of the relevant trade rate as provided for in this award:

 

Three-year apprenticeship

 

Four-year apprenticeship

 

%

 

%

 

In the first year

60

In the first year

60

In the second year

75

In the second year

75

In the third year

90

In the third year

80

 

 

In the fourth year

90

 

36.2 Traineeships -

 

36.2.1 Notwithstanding anything elsewhere contained in this award, MIL may employ trainees subject to the conditions as contained in this clause.

 

36.2.2 Application and Objectives -

 

36.2.2.1 Before this clause shall have effect on the employment of a trainee, MIL and a trainee must have entered into a training agreement.

 

36.2.2.2 Existing full-time employees shall not be displaced from employment by trainees.

 

36.2.3 Training Conditions - Trainees engaged under this clause shall attend the off-the-job training prescribed in the training agreement. MIL shall ensure that the trainee is permitted to attend the off-the-job training course and provide appropriate supervision during on-the-job training.

 

36.2.4 Employment Conditions -

 

36.2.4.1 The trainee shall be engaged for a period of 12 months as a full-time employee, provided that the trainee may be subject to a satisfactory probation period as outlined in clause 33, Probation.

 

36.2.4.2 The trainee is permitted to be absent from work without loss of continuity of employment to attend the off-the-job training in accordance with the training agreement.

 

36.2.4.3 Where the employment of a trainee by MIL is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purpose of this award and long service leave entitlements. Trainees shall be regarded as full-time employees.

 

36.2.5 Salary - For the purpose of achieving stability of income for a trainee over the traineeship period, the wage rate for a trainee shall be calculated on the following basis: rate for entry multiplied by percentage of time spent on the job.

 

37. Termination of Employment

 

37.1 Notice of termination by MIL -

 

37.1.1 In order to terminate the employment of an employee, MIL shall give to the employee two weeks notice.

 

37.1.2 Payment in lieu of the notice prescribed herein shall be made if the appropriate notice period is not given by MIL.

 

37.2 Payment in lieu of notice shall be at the ordinary-time rate -

 

37.2.1 The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks. Casuals may have their employment terminated with one hour's notice, subject to any minimum term of engagement.

 

37.2.2 For the purpose of this clause, continuity of service shall be calculated in the manner in which continuous service is calculated for the purposes of long service leave. Continuous DIPNR service will be included in any calculation.

 

37.2.3 The notice of termination required to be given by an employee shall be the same as that required of MIL.

 

37.2.4 If an employee fails to give notice, MIL shall have the right to withhold moneys due to the employee, with a maximum amount equal to the ordinary-time rate of pay for the period of notice. In addition, MIL shall have the right to withhold from money due an employee, the value of any MIL property which the employee has failed to return, cash advances made, etc.

 

37.2.5 Where MIL has given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. Time off shall be at times convenient to both the employee and MIL.

 

37.2.6 MIL shall, for an employee whose employment has been terminated, provide to the employee a written statement specifying the period of his or her employment and the classification or type of work performed by the employee.

 

37.2.7 Notwithstanding the provisions of this award, MIL shall have the right to dismiss any employee without notice for conduct that justifies instant dismissal, such as misconduct, and in such cases the wages and accrued entitlements (leave, etc.), subject to paragraph 37.2.4 of this subclause, shall be paid up to the time of dismissal only.

 

37.2.8 Termination of employment by MIL shall not be harsh, unjust or unreasonable.

 

37.2.9 Subject to the provisions of the Industrial Relations Act 1996, any dispute or claim arising should be dealt with by way of the disputes settling procedure contained in clause 43, Grievance Procedure.

 

37.2.10 in the event the termination is a result of redundancy, clause 40, Redundancy, shall apply.

 

37.3 Exemptions - Severance payments are not payable to an employee with less than one year's continuous service, an employee whose employment is summarily terminated as a consequence of misconduct, casual employees, employees engaged for a specific period of time and employees retiring.

 

38. Disciplinary Procedure

 

38.1 If a supervisor or manager becomes aware of unsatisfactory performance or inappropriate behaviour, the supervisor or manager must immediately make the employee aware that the performance or behaviour is unsatisfactory and advise the employee of what is considered satisfactory. In the first instance, this would be done verbally.

 

38.2 Should the unsatisfactory performance or inappropriate behaviour continues, the matter must be again brought to the attention of the employee. The employee is entitled to obtain the assistance of a representative or union delegate at any point during the disciplinary process. This time the specific requirements should be documented, making sure that the employee is provided with a copy. Such documentation must include reference to the unsatisfactory performance or behaviour. It should also set out an agreed plan of action to be taken to restore the performance or behaviour to a satisfactory level. The employee must be advised of the possible consequences of a failure to improve performance.

 

38.3 All unsatisfactory performance counselling shall be brought to the attention of the General Manager.

 

38.4 If unsatisfactory performance or behaviour is ongoing, the employee should be further counselled and advised in writing that, should the performance or behaviour remain unsatisfactory, then dismissal or termination of employment may result. This is a final warning and it would be appropriate to review the performance improvement plan.

 

38.5 Should the unsatisfactory performance or inappropriate behaviour continues, then the employee may be subject to dismissal.

 

38.6 Nothing in this clause shall affect the right of MIL to dismiss an employee for gross misconduct.

 

39. Abandonment of Employment

 

Where an employee abandons employment, payment of wages shall only be for hours worked and entitlements to the actual hour of abandonment. Periods of payment in lieu will not apply and the provisions of subclause 37.2.4 shall apply.

 

40. Redundancy

 

40.1 Discussions Before Termination of Employment -

 

40.1.1 Where MIL considers that it no longer requires the position the employee has been doing, and this is not due to the ordinary and customary turnover of the business and that decision may lead to termination of employment, MIL shall hold discussions with the employees directly affected.

 

40.1.2 The discussions shall take place as soon as is practicable after MIL has become reasonably aware of the possible change and will advise employees of the reasons for the possible terminations of employment, measures to avoid or minimise terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

 

40.1.3 For the purpose of the discussion MIL shall, as soon as practicable, provide in writing to the employees concerned and the Consultative Committee, all relevant information about the possible terminations of employment, including the reasons for the possible terminations, the number and type of employees likely to be affected, the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that MIL shall not be required to disclose confidential information, the disclosure of which would be contrary to MIL's commercial interests.

 

40.2 Transfer to Lower Paid Duties - Where an employee is transferred to lower paid duties for reasons set out in subclause 40.1 of this clause, the employee shall be entitled to the same period of notice of transfer as he or she would have been entitled to if his or her employment had been terminated, and MIL may, at its option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new lower ordinary-time rates for the number of weeks of notice still owing.

 

40.3 Severance Pay - In addition to any period of notice prescribed for ordinary termination in this award, and subject to further order of the Commission, an employee whose employment is terminated for reasons set out herein shall be entitled to the following amount of severance pay in respect of a continuous period of service:

 

Period of Continuous Service

Severance Pay

1 year or more but less than 2 years

2.4 weeks pay plus, for all service in excess of 1

 

year, 1.75 hours pay per completed week of service,

 

up to a maximum 4.8 weeks pay (or a maximum of 5

 

weeks for employees over 45 years old).

2 years or more but less than 3 years

4.8 weeks pay plus, for all service in excess of 2

 

years, 1.6 hours pay per completed week of service,

 

up to a maximum of 7 weeks pay (or a maximum of

 

8.75 weeks for employees over 45 years old).

3 years or more

7 weeks pay plus, for all service in excess of 3 years,

 

0.73 hour's pay per completed week of service, up to

 

a maximum of 20 weeks pay.

 

For the purposes of this subclause, "week's pay" means the ordinary rate of pay at the time the termination of employment occurs (e.g., 38 hours for a full-time weekly employee).

 

40.4 Alternative Employment and Incapacity to Pay -

 

40.4.1 MIL, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if MIL obtains acceptable alternative employment for an employee.

 

40.4.2 MIL, in a particular circumstance, may apply to the Commission to have the severance pay prescription varied on the basis of MIL's incapacity to pay.

 

40.5 Time Off During Notice Period -

 

40.5.1 During the period of notice of termination given by MIL, an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

 

40.5.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of MIL, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

 

40.6 Notice to Centrelink - Where a decision has been made to terminate employees in the circumstances outlined in subclause 40.1 of this clause, MIL shall notify the nearest Centrelink as soon as possible, giving relevant information, including the number and type of employees likely to be affected and the period over which the terminations are likely to occur.

 

40.7 Transmission of Business - Where the business is, before or after the date of this award, transmitted from MIL (in this subclause called "the transmitter") to another employer (in this subclause called "the transmittee") and an employee who, at the time of such transmission, was an employee of the transmitter in that business becomes an employee of the transmittee, then -

 

40.7.1 the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

 

40.7.2 the period of employment which the employee has had with the transmitter shall be deemed to be service of the employee with the transmittee.

 

40.8 Employees with Less Than One Year's Service - This clause shall not apply to employees with less than one year's continuous service and the general obligation on MIL should be no more than to give relevant employees an indication of 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.

 

40.9 Employees Exempted - This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, or in the case of casual employees, apprentices or employees engaged for a specific task or tasks. It does not apply to employees retiring. It does not apply to employees working for MIL who are not covered by this award.

 

40.10 Transfer - Where MIL offers, and the redundant employee accepts, a transfer to another location within the organisation, the employee shall be entitled to receive reasonable removal expenses and allowances for both the employee and his or her dependants.

 

41. Confidentiality

 

The work carried out for MIL and the information developed and collated is the property of MIL and the employee shall respect the confidentiality of clients and MIL with regard to all information concerning the business.

 

42. Travelling Between Sites

 

Where an employee agrees to use his/her own vehicle for the carrying out of work for MIL (other than carriage to the normal place of work), reasonable cost per kilometre will be reimbursed. Reasonable costs shall be the kilometre rate applied to Board members attending meetings.

 

43. Grievance Procedure

 

43.1 In the event of a dispute arising between MIL and employee(s), any matter which remains in dispute after it has been considered jointly by the appropriate supervisor and by the employee(s) concerned shall then be examined by the General Manager or appointed deputy.

 

43.2 If the dispute remains unsettled, MIL's representative shall ensure that the matter is recorded in writing in pertinent detail, while the employee(s) may notify the Consultative Committee or a representative or the Union of the nature and details of the matter in dispute.

 

43.3 If the dispute thereafter remains unresolved, the question shall be discussed between the General Manager and the relevant representative, each of whom shall take all reasonable steps to settle the dispute.

 

43.4 If the dispute remains unsettled after the procedure specified in subclause 43.3 of this clause has been concluded, the matter shall be notified to the Commission.

 

43.5 While the procedures herein are being followed all work shall continue normally.

 

43.6 The ultimate terms of settlement of the dispute shall not be affected in any way, nor shall the rights of any person involved in the dispute be affected by or prejudiced by the fact that normal work has continued without interruption.

 

43.7 If the dispute concerns questions of safety, it shall be immediately referred to the General Manager, the Supervisor and Safety Committee, which shall consider and resolve the matter forthwith.

 

44. Anti-Discrimination

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

44.4.4 a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

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

 

NOTES -

 

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

 

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

 

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

 

45. Health and Safety

 

45.1 Damage to Clothing, Spectacles and Tools -

 

45.1.1 Compensation to the extent of the damage sustained shall be made where, in the course of the work, clothing, spectacles, hearing aid or tools are damaged or destroyed. Provided that MIL's liability in respect of tools shall be limited to such tools of trade as are ordinarily required for the performance of the employee's duties. Compensation under this paragraph shall not be payable if the employee is entitled to workers' compensation and may not be paid where an employee was not properly using safely equipment provided by MIL or where the employee disregarded established safety procedures required by MIL.

 

45.1.2 MIL may ask for reasonable evidence of loss or damage.

 

45.2 Safety Equipment - Safety equipment as provided by MIL will be utilised as directed and in accordance with the manufacturer's instructions.

 

45.3 Safety Procedures - Safety procedures shall be followed by all employees. Failure to acknowledge and adhere to safety policies shall be grounds for dismissal. Neglect of safety procedures that may lead to injury of other persons or employees shall be grounds for instant dismissal.

 

45.4 Employee's Duty - Notwithstanding MIL's responsibility, the employee has a duty:

 

45.4.1 to protect his/her own health and safety at work;

 

45.4.2 to avoid adversely affecting the health and safety of any other person or property through any act or omission at work.

 

45.5 An employee shall not, by the consumption of alcohol or a drug, be in such a state as to endanger his/her own safety at work or the safety of any other person at work. An employee who appears to MIL to be under the influence of alcohol or drugs shall be advised that he/she is not to commence or continue work until examined by a medical practitioner or a registered nurse as soon as practicable to ascertain the employee's fitness for work and any costs associated with the examination shall be borne by MIL. During this time, the employee shall be stood down without pay; however, if the medical examination shows the employee is not under the influence of drugs or alcohol, the employee shall be paid for the time lost.

 

45.6 First-aid Facilities - Suitable first-aid equipment in a hygienic container shall be available in each workplace/vehicle in an accessible place. This equipment should be regularly inspected, and replenished as necessary by MIL.

 

46. Employment Records

 

46.1 Time, Salary Records and Inspection Rights -

 

46.1.1 MIL shall keep, or cause to be kept, employment records in accordance with relevant legislation. MIL shall enter or cause to be entered a correct record of the hours worked, and the salaries (including superannuation) paid to each employee to whom this award applies. MIL shall, on receipt of reasonable notice, produce such record for inspection by an accredited union official or Consultative Committee member approved by the employee and MIL for the sole purpose of investigating any breach or suspected breach of this award. Records will not be available on pay days. The approval of the employee involved must also be provided.

 

46.1.2 If an employee's employment is terminated, MIL shall be required to hold records for that employee for 12 months after the employee's termination.

 

46.1.3 MIL shall keep sufficient record and detail of the employment relationship for the purpose of tracking leave entitlements.

 

PART G

 

DECLARATION AND FUTURE COMMITMENTS

 

47. Declaration

 

In accordance with the various provisions of the Industrial Relations Act 1996, this award was negotiated between all the parties through extensive and exhaustive discussion and it represents the agreed compromises of all the parties.

 

48. Future Negotiations

 

48.1 The parties agree to commence negotiations on a new award no later than six months prior to the termination date of this award.

 

48.2 During this six months deliberation period, the parties will meet in order to seek agreement (resolution of any issues).

 

48.3 The parties may seek the assistance of the Commission during the deliberation period.

 

49. Joint Review of Conditions

 

49.1 It is the intention that, during that period of this award, a joint review by MIL and the employees represented by the Consultative Committee of the operational requirements will be conducted. This will enable the implementation of employment conditions and pay ranges that may be more specific to the wider application of MIL's operations. These will be based on MIL's unique customer focus service levels and its effective and efficient employment of staff.

 

49.2 The parties also agree that during the life of this award MIL, with the support of relevant employees and their Union representatives, may trial new working arrangements to facilitate and accommodate the planned review of this award.

 

49.3 Where such trials involve temporary variations to the terms of this award, MIL will seek the prior agreement of the Unions whose members are involved, which shall not be unreasonably withheld.

 

49.4 MIL and the Union(s) whose members are involved agree to progressively consolidate the outcome of all such trials prior to the planned review taking place.

 

50. Schedule A - Arrangements for Channel Attendants

 

1 Hours of Work

 

(a) The hours of work shall be an average of eight per day, although the work of water distribution staff is clearly task rather than hours oriented and the parties recognise that the hours worked on any roster may require more or less than eight hours. The basis for employment is a 38-hour week. Employees can therefore expect to work 217 eight-hour (average) days each year (i.e., 13 accrued leisure days).

 

(b) Any days worked outside the roster or in excess of 217 days per year will attract overtime rates for the hours actually worked. However, an officer may elect to take leave in lieu of overtime for actual hours worked.

 

(c) Ordinary hours to be worked during the non-watering season shall not exceed 160 hours per four-week period and shall be worked on five days per week, Monday to Friday.

 

(d) Non-watering season works will be supervised by the Channel Superintendent or other Supervisor authorised by the General Manager as appropriate for the work to be carried out.

 

2. Rosters

 

(a) MIL will maintain a roster for officers to suit local management requirements and such roster will be displayed in a place accessible to officers.

 

(b) A roster will be displayed 28 days in advance. Provisional rosters may be prepared for the season.

 

(c) Rosters may provide any combination of days on duty and days off duty, provided that in each roster no officer will be required to work more than nine consecutive days and to have less than three consecutive days off duty following a work period of more than five consecutive days; four consecutive days off duty following a work period of more than eight consecutive days.

 

3. Accrued Leisure Days

 

Officers required to work on accrued leisure days may elect to take an alternative working day as the day rostered off. Accrued leisure days, if applicable, will accrue by arrangement between the employee and local management to be then taken at a mutually convenient time. MIL will make every possible effort to enable four days of combined accrued days off or annual leave days during the watering season for employees directly engaged in water distribution.

 

4. Design of Work

 

The parties to this award mutually agree to co-operate positively in reviews of existing work and management practices addressing all aspects of service delivery to clients and the development and application of new technology.

 

5. Vehicle Use

 

In view of the 24-hour service provided, limited private use of vehicles will be permitted according to guidelines established by the General Manager.

 

6. Telephone

 

In view of the 24-hour nature of the service, phone rental and documented business calls for staff directly involved in water distribution, will be paid by annual allowance equal to normal rental.

7. Nature of Work

 

The primary function of Channel Attendants is water distribution; however, staff may be requested from time to time to carry out other tasks as determined by the General Manager. The nature of other tasks shall be limited only by the skills and safe working arrangements required.

 

PART H

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

(i) Weekly base rates (38-hour week) and award classifications -

 

 

Award

2001

2002

2003

2004

Total

Classifications for

Rate

State

State

State

State

New

Construction/Maintenance, etc.

 

Wage

Wage

Wage

Wage

Rate

 

 

Case

Case

Case

Case

 

 

$

$

$

$

$

$

Yardman (part-time 8 hours)

99.49

2.74

3.79

3.58

4.00

113.60

Cleaner (part-time 20 hours)

282.32

6.84

9.47

8.95

10.00

317.58

Cleaner (part-time 21.25 hrs)

299.60

7.27

10.07

9.51

10.63

337.07

Truck Driver Grade 3

482.40

13.00

18.00

17.00

19.00

549.40

General Construction (Gd 1)

484.44

13.00

18.00

17.00

19.00

551.44

Irrigation Trainee

489.70

13.00

18.00

17.00

19.00

556.70

Truck Driver Grade 4

490.60

15.00

18.00

17.00

19.00

559.60

General Construction (Gd 2)

492.80

15.00

18.00

17.00

19.00

561.80

Mech. (Metal Trades (Lvl 10))

496.20

15.00

18.00

17.00

19.00

565.20

General Construction (Gd 3)

518.92

15.00

18.00

17.00

19.00

587.92

General Construction (Gd 4)

530.70

15.00

18.00

17.00

19.00

599.70

Truck Driver Grade 7

531.10

15.00

18.00

17.00

19.00

600.10

General Construction Grade 3 & Leading

532.98

15.00

18.00

17.00

19.00

601.98

Hand

 

 

 

 

 

 

Plant Op. & Leading Hand

541.40

15.00

18.00

17.00

19.00

610.40

General Construction Grade 4 & Leading

548.08

15.00

18.00

17.00

19.00

617.08

Hand

 

 

 

 

 

 

Plant Operator Group C

548.25

15.00

18.00

17.00

19.00

617.25

Mech. Trades (Group 10, C8)

551.10

15.00

18.00

17.00

19.00

620.10

Plant Operator Group D

555.65

15.00

18.00

17.00

19.00

624.65

Plant Operator Group C & Leading Hand

562.35

15.00

18.00

17.00

19.00

631.35

Ganger 1-9 men

563.10

15.00

18.00

17.00

19.00

632.10

Plant Operator Group E

564.35

15.00

18.00

17.00

19.00

633.35

Electrician (Plant) & Leading Hand

568.80

15.00

18.00

17.00

19.00

637.80

Mechanical Trades (Group 10, C8)

570.00

15.00

18.00

17.00

19.00

639.00

Leading Hand

 

 

 

 

 

 

Ganger 10-15 men

579.35

15.00

18.00

17.00

19.00

648.35

Building & Construction Carpenter

579.62

15.00

18.00

17.00

19.00

648.62

Leading Hand

 

 

 

 

 

 

General Const. Overseer 1

662.33

17.00

18.00

17.00

19.00

733.33

General Const. Overseer 2

668.35

17.00

18.00

17.00

19.00

739.35

General Const. Works Supervisor Grade 1

730.26

17.00

18.00

15.00

19.00

799.26

General Const. Overseer 3

741.49

17.00

18.00

15.00

19.00

810.49

Weeds Inspector

749.04

17.00

18.00

15.00

19.00

818.04

General Construction Works Supervisor

850.90

17.00

18.00

15.00

19.00

919.90

Grade 2

 

 

 

 

 

 

General Construction Works Supervisor

875.30

17.00

18.00

15.00

19.00

944.30

Grade 3

 

 

 

 

 

 

General Construction Works Supervisor

984.92

17.00

18.00

15.00

19.00

1,053.92

Grade 4

 

 

 

 

 

 

 

(ii) Weekly base rates (38-hour week + 2 hours overtime) and award classifications -

 

 

Award

2001

2002

2003

2004

2 hrs

Total

Classifications for

Rate

State

State

State

State

at time

New

Construction/Maintenance, etc.

 

Wage

Wage

Wage

Wage

&

Rate

 

 

Case

Case

Case

Case

 

 

 

$

$

$

$

$

$

$

Yardman (part-time 8 hours)

99.49

2.74

3.79

3.58

4.00

n/a

113.60

Cleaner (part-time 20 hours)

282.32

6.84

9.47

8.95

10.00

n/a

317.58

Cleaner (part-time 21.25 hrs)

299.60

7.27

10.07

9.51

10.63

n/a

337.07

Truck Driver Grade 3

482.40

13.00

18.00

17.00

19.00

43.37

592.77

General Construction (Gd 1)

484.44

13.00

18.00

17.00

19.00

43.53

594.97

Irrigation Trainee

489.70

13.00

18.00

17.00

19.00

43.95

600.65

Truck Driver Grade 4

490.60

15.00

18.00

17.00

19.00

44.18

603.78

General Construction (Gd 2)

492.80

15.00

18.00

17.00

19.00

44.35

606.15

Mech. (Metal Trades (Lvl 10)

496.20

15.00

18.00

17.00

19.00

44.62

609.82

General Construction (Gd 3)

518.92

15.00

18.00

17.00

19.00

46.41

634.33

General Construction (Gd 4)

530.70

15.00

18.00

17.00

19.00

47.34

647.04

Truck Driver Grade 7

531.10

15.00

18.00

17.00

19.00

47.38

647.48

General Construction Grade 3

532.98

15.00

18.00

17.00

19.00

47.52

649.50

& Leading Hand

 

 

 

 

 

 

 

Plant Op. & Leading Hand

541.40

15.00

18.00

17.00

19.00

48.19

658.59

General Construction Grade 4

548.08

15.00

18.00

17.00

19.00

48.72

665.80

& Leading Hand

 

 

 

 

 

 

 

Plant Operator Group C

548.25

15.00

18.00

17.00

19.00

48.73

665.98

Mech. Trades (Group 10, C8)

551.10

15.00

18.00

17.00

19.00

48.96

669.06

Plant Operator Group D

555.65

15.00

18.00

17.00

19.00

49.31

673.96

Plant Operator Group C &

562.35

15.00

18.00

17.00

19.00

49.84

681.19

Leading Hand

 

 

 

 

 

 

 

Ganger 1-9 men

563.10

15.00

18.00

17.00

19.00

49.90

682.00

Plant Operator Group E

564.35

15.00

18.00

17.00

19.00

50.00

683.35

Electrician (Plant) & Leading

568.80

15.00

18.00

17.00

19.00

50.35

688.15

Hand

 

 

 

 

 

 

 

Mechanical Trades Group 10,

570.00

15.00

18.00

17.00

19.00

50.45

689.45

C8) Leading Hand

 

 

 

 

 

 

 

Ganger 10-15 men

579.35

15.00

18.00

17.00

19.00

51.19

699.54

Building & Construction

579.62

15.00

18.00

17.00

19.00

51.21

699.83

Carpenter Leading Hand

 

 

 

 

 

 

 

General Const. Overseer 1

662.33

17.00

18.00

17.00

19.00

57.89

791.22

General Const. Overseer 2

668.35

17.00

18.00

17.00

19.00

58.37

797.72

General Const. Works

730.26

17.00

18.00

15.00

19.00

63.10

862.36

Supervisor Grade 1

 

 

 

 

 

 

 

General Const. Overseer 3

741.49

17.00

18.00

15.00

19.00

63.99

874.48

Weeds Inspector

749.04

17.00

18.00

15.00

19.00

64.58

882.62

General Supervisor Grade 2

850.90

17.00

18.00

15.00

19.00

72.62

992.52

General Construction Works

875.30

17.00

18.00

15.00

19.00

74.55

1,018.85

Supervisor Grade 3

 

 

 

 

 

 

 

General Construction Works

984.92

17.00

18.00

15.00

19.00

83.20

1,137.12

Supervisor Grade 4

 

 

 

 

 

 

 

 

(iii) Weekly base rates (38-hour week) and award classifications

 

 

Award

2001

2002

2003

2004

Total

Classifications for Water Distribution

Rate

State

State

State

State

New

 

 

Wage

Wage

Wage

Wage

Rate

 

$

Case

Case

Case

Case

$

 

 

$

$

$

$

 

Channel Attendant

653.69

17.00

18.00

17.00

19.00

724.69

Central Water Ord. Planner

697.51

17.00

18.00

15.00

19.00

766.51

Senior Channel Attendant

736.82

17.00

18.00

15.00

19.00

805.82

Central Water Ordering Senior Planner

736.82

17.00

18.00

15.00

19.00

805.82

Water Dist. Manager Grade 1

800.90

17.00

18.00

15.00

19.00

869.90

Water Dist. Manager Grade 2

825.30

17.00

18.00

15.00

19.00

894.30

 

(iv) Weekly base rates (38-hour week) and award classifications

 

 

Award

2001

2002

2003

2004

Total

Classifications for Administration

Rate

State

State

State

State

New

 

 

Wage

Wage

Wage

Wage

Rate

 

 

Case

Case

Case

Case

 

 

$

$

$

$

$

$

Admin. Officer Grade 1

436.00

13.00

18.00

17.00

19.00

503.00

Admin. Officer Grade 2

466.00

13.00

18.00

17.00

19.00

533.00

Admin. Officer Grade 3

496.00

15.00

18.00

17.00

19.00

565.00

Admin. Officer Grade 4

526.00

15.00

18.00

17.00

19.00

595.00

Admin. Officer Grade 5

554.00

15.00

18.00

17.00

19.00

623.00

Admin. Officer Grade 6

584.00

15.00

18.00

17.00

19.00

653.00

Admin. Officer Grade 7

612.00

17.00

18.00

17.00

19.00

683.00

Admin. Officer Grade 8

642.00

17.00

18.00

17.00

19.00

713.00

Admin. Officer Grade 9

672.00

17.00

18.00

17.00

19.00

743.00

Admin. Officer Grade 10

702.00

17.00

18.00

15.00

19.00

771.00

Admin. Officer Grade 11

732.00

17.00

18.00

15.00

19.00

801.00

Admin. Officer Grade 12

760.00

17.00

18.00

15.00

19.00

829.00

 

Table 2 - Other Rates and Allowances

 

Item No.

Clause No.

Brief Description

Amount

 

 

 

$

1

13.2.1

Use of Spray

$9.98 per day

2

13.2.2

First-aid allowance

$2.26 per day

 

 

 

J. P. GRAYSON D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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