MURRUMBIDGEE IRRIGATION 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 1760
of 2004)
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Before Mr Deputy President Grayson
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6 July 2004
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REVIEWED AWARD
Arrangement
Clause No. Subject Matter
1. Title
2. Scope And
Application
3. Objectives
4. Definitions
5. Date And
Period Of Operation
6. Relationship
To Previous Awards
7. Award To
Be Displayed
8. Workplace
Consultation
9. Contractors’
Protocol
10. Dispute
Settlement Procedure
11. Remuneration
12. Long
Service Leave
13. Employment
Protection
14. Voluntary
Redundancy
15. Managing
Displaced Staff
16. Future
Negotiations
17. Work
Trials
18. Sick Leave
19. Carers'
Leave
20. Special
Leave
21. Anti
Discrimination
22. Union
Membership Dues And Deduction
Schedule 1 -
Classifications And Common Wage Points General Construction Workers, Gangers,
Plant Operators, Skilled Trades, Truck Drivers
Schedule 2 -
Classifications And Common Salary Points
Executive Services
Schedule 3 -
Classifications And Common Salary Points
Operations
Schedule 4 -
Classifications And Common Salary Points
Administration,
Professional
Schedule 5 -
Classifications And Common Salary Points
Works
Appendix I - Wage Point
Rates
Appendix II - Salary
Point Rates
1. Title
This award shall be known as the Murrumbidgee Irrigation
Consent Award 2004.
2. Scope and
Application
2.1 This award
binds staff of the classifications specified in this award, Murrumbidgee
Irrigation Corporation and its successor and the Australian Workers Union New
South Wales; the Transport Workers Union of Australia New South Wales Branch;
the Construction, Forestry, Mining, Energy Union Construction and General
Division NSW Divisional Branch; the Automotive Food Metals Engineering and
Printing Kindred Industries Union New South Wales Branch; the Electrical Trades
Union of Australia New South Wales Branch; the Public Service Association and
Professional Officers Association Amalgamated Union of New South Wales and The
Association of Professional Engineers, Scientists and Managers, Australia.
2.2 Newly created
positions will undergo a job analysis to ensure that the position is correctly
classified according to this award.
3. Objectives
The objectives of this Award are:
3.1 To set the
employment relationship between the business and its staff.
3.2 To continue to
lay the foundation for maximum flexibility in day to day work to maximise
operational efficiency as well as to take account of the seasonal nature of
work in the business.
3.3 To continue to
develop the provision of cost effective services to customers. As such, the
parties recognise the need for a viable, efficient organisation with a
sustainable capacity to provide cost efficient services to the rural community
on which it depends for it’s revenue.
3.4 To contribute
to achieving a safe, harmonious work place where staff are provided with more
secure and rewarding employment.
4. Definitions
"Consultative Committee" means the committee
established under Clause 8 of this award.
"Displaced Staff" means a staff member whose
position is no longer available due to a restructure of the business.
"Murrumbidgee Irrigation" means the Murrumbidgee
Irrigation Corporation and its’ successor, or its nominee or representative.
"Redundancy" means a termination of employment not
on account of any personal act or default of the staff member dismissed or any
consideration peculiar to the staff member, but because Murrumbidgee Irrigation
no longer wishes the job in question done.
"Service" means continuous service with
Murrumbidgee Irrigation, provided that at the date of commencement of this
award, service of existing staff is to be taken to include all service with any
predecessor organisation, State Government Department or authority.
"Staff" means any person employed by Murrumbidgee
Irrigation.
5. Date and Period of
Operation
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
replaces the Murrumbidgee Irrigation Consent Award 1998 published on 12 April
2002 (332 I.G. 971).
The award published on 12 April 2002 took effect from the
first full pay period commencing on or after 28 June 2001.
The changes to give effect to s19 of the Industrial
Relations Act 1996 and the Principles for Review of Awards made by the
Industrial Relations Commission of New South Wales take effect on and from the
6th July 2004 of the award review by the Industrial Relations
Commission of New South Wales
6. Relationship to Previous
Awards
By the operation of this award the following awards and
agreements apply;
Crown Employees (Skilled Trades) Award,
Gangers (State) Award,
General Construction and Maintenance, Civil and
Mechanical Engineering & c. , (State) Award,
Plant, &c., Operators on Construction (Public Works
Department, Water Resources Commission, Commissioner for Main Roads and
Maritime Services Board) Award,
Transport Industry (State) Award,
Crown Employees (Transport Drivers & C.) Award,
Crown Employees (Public Sector Salaries, January 2002)
Award,
Crown Employees(Wages Staff) Rates of Pay Award 2002,
Crown Employees (Public Service Conditions of
Employment 2002) Award,
Crown Employees (Transferred Officers Compensation)
Award,
Murrumbidgee Irrigation Wages Staff Enterprise
Agreement 1998, No 1990 of 1998,
Channel Attendants Group Department of Water Resources
Agreement No.2541 of 1991 and Addendum of 1997,
Crown Employees (Administrative and Clerical Officers -
Salaries 2003) Award,
Public Service General Division Staff - Salaries
Agreement No 2368 of 1982,
Crown Employees (Water Resources Commission General
Miscellaneous - Salaries) Award,
Miscellaneous Professional Officers, Department of
Water Resources Agreement No.2535 of 1991,
Professional Engineers (Water Resources Commission)
Award,
Engineers, etc.
Agreement No 1734 of 1971,
Scientific Officers (various Departments) Agreement No
2433 of 1983,
Departmental Professional Officers Determination No.866
of 1987.
Where one of the above awards or agreements has been
superseded or amended, the latter document, howsoever named, shall apply where
appropriate. If one of the above awards
or agreements is cancelled, expires, or in any way ceases to have effect, it
will have no effect in this award.
Save and except for those matters dealt with in this Award,
which shall take precedence, the terms of the above awards shall prevail.
This award replaces or supersedes the clauses dealing with
wages/salary rates, long service leave or redundancy in the above Awards.
Where it is demonstrated that a staff member has suffered a
significant loss or diminution in conditions of employment as a result of the
making of this award, Murrumbidgee Irrigation, subject to any conciliation or
arbitration required by any party, will provide reasonable adjustment to such
conditions of employment.
7. Award to Be
Displayed
A copy of this Award will be readily available in all
permanent depots and offices of Murrumbidgee Irrigation.
8. Workplace
Consultation
8.1 A management/staff/Union
representative consultative committee will be established to be an integral
part of the organisation. 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 The committee
shall have six representatives elected by staff, consisting of 1 representative
from each of the Griffith and Leeton Construction groups, 1 representative of
each of the Griffith and Leeton Irrigation Services groups, 1 representative of
the Business Services group and 1 representative of the Assets group so that
each centre of Griffith and Leeton shall have 3 representatives.
8.3 The committee
shall have not less than two or more than four representatives for management.
8.4 The committee
shall have one representative of the Unions party to this award.
8.5 The
consultative committee will review the business’ functional requirements to
enable the identification of employment conditions and pay scales that may be
more specific to the business’ activities.
This will be based on unique customer focus service levels and the
effective and efficient employment of staff.
8.6 Unions party
to this award and the Board of Directors of Murrumbidgee Irrigation undertake
to facilitate, encourage and not discourage or interfere with the good faith
negotiating of the consultative committee.
It is however recognised that both the Board and Unions will have a role
in approving of the negotiation outcomes.
9. Contractors’
Protocol
Where work is to be carried out by contract, including
sub-contract, Murrumbidgee Irrigation will:
(i) Ensure that
all tenders are properly scrutinised to ensure that prospective tenderers
would, if successful, be paying award rates, providing award conditions and
complying with other statutory provisions and specified standards and safe
working procedures.
(ii) On being
advised or otherwise becoming aware that a contractor or sub-contractor is not
paying award rates, providing award conditions, complying with other statutory
provisions or specified standards and safe working procedures, Murrumbidgee
Irrigation will take necessary action to ensure the situation is immediately
rectified. Should the contractor or
sub-contractor continue to breach the provision then appropriate action,
including termination of contract will, if appropriate, be implemented.
(iii) This protocol
will be reflected in all formal contracts entered into by Murrumbidgee
Irrigation.
10. Dispute Settlement
Procedure
10.1 If the dispute
concerns questions of safety, the safety issue shall be immediately referred to
the responsible Manager, Supervisor and Safety Committee, which shall consider
and resolve the matter forthwith.
10.2 In the event of
other disputes arising between Murrumbidgee Irrigation and staff, any matter
which remains in dispute after it has been considered jointly by the
appropriate supervisor and the staff member(s) concerned, shall be examined by
the responsible Manager and a reply provided to the supervisor and staff
member(s) within two days.
10.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti
Discrimination Act 1977) that makes it impractical for the staff member to
advise their immediate manager the notification may occur to the next
appropriate level of management, including where required, to the Chief
Executive or appointed deputy.
10.4 If the dispute
remains unsettled the responsible Manager shall ensure that the matter is
recorded in writing in pertinent detail, while the staff member(s) may notify
either the consultative committee and/or representatives of a union of the
nature and details of the matter in dispute.
10.5 If the dispute
thereafter remains unresolved the question shall be discussed between the
relevant Senior Manager and the Union both of whom shall take all reasonable
steps to settle the dispute.
10.6 If the dispute
remains unsettled the matter shall be notified to the NSW Industrial Relations
Commission.
10.7 While the
procedures specified herein are being followed all work shall continue
normally.
10.8 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 or prejudiced by
the fact that normal work has continued without interruption.
11. Remuneration
This Award sets salary and wage points that apply to the
Classifications as shown in Schedule 1, 2, 3, 4 and 5 and the rates applicable
to those points as shown in Appendix I and Appendix II.
12. Long Service
Leave
12.1 Accrual
12.1.1 Long Service
Leave will be covered by the Long Service Leave Act 1955 and the
following.
12.1.2 All accrued or
accumulated long service leave up to the date of commencement of this Award
shall be credited to the staff members entitlements.
12.1.3 Long Service
Leave shall be calculated on a nominal working day basis with the duration of
the working day being 7 hours per day for staff working a 35 hour week and 7.6
hours per day for staff working a 38 hour week, irrespective of the number of
days normally worked per week.
12.1.4 For the purpose
of Long Service Leave, public holidays occurring during or at the end of a
period of leave are to be treated as ordinary working days and are to be
debited as Long Service Leave.
12.1.5 On completion of
10 years service staff shall be entitled to 44 working days leave. On completion of each year of service in
excess of 10 years staff shall be entitled to a further proportionate amount of
leave calculated on the basis of 11 working days leave for each year of service
in excess of 10 years.
12.1.6 Where the
services of a staff member who has had at least 5 years service but less than
10 years service are terminated by Murrumbidgee Irrigation for any reason other
than the staff members wilful misconduct, he/she shall be entitled for 5 years
service to 22 working days leave and for service after 5 years to a further
proportionate amount of leave calculated on the basis of 4.4 working days leave
for each year of service in excess of 5 years up to 10 years service.
12.1.7 Where the
services of a staff member who has at least 5 years service but less than 10
years service are terminated by the staff member on account of illness,
incapacity or domestic or other pressing necessity (which shall be
substantiated by the staff member), he/she shall be entitled for 5 years
service to 22 working days leave and for service after 5 years to a further
proportionate amount of leave calculated on the basis of 4.4 working days leave
for each year of service in excess of 5 years up to 10 years service.
12.2 Service
12.2.1 Any period of
full time service with Murrumbidgee Irrigation or its successors shall count as
service for the accrual of long service leave. Periods of part time service
shall count proportionally.
12.2.2 Periods of leave
without pay or unauthorised absences during periods of service with
Murrumbidgee Irrigation or its successors shall not count as service, for the
accrual of long service leave, except for staff who complete 10 years service,
in which case any period of leave without pay not exceeding six months shall
count for the accrual of long service leave.
12.3 Long Service
Leave Already Granted
Long service leave already granted to a staff member in
respect of any period of service either with Murrumbidgee Irrigation, it’s
predecessors or any other Department or Authority, service with which is
counted as service for the accrual of the staff members Long Service Leave,
shall be offset against any leave for which eligibility may arise under this
award.
13. Employment
Protection
Except for staff employed on a casual, fixed term or
temporary basis, staff employed by Murrumbidgee Irrigation as at the date this
award comes into force shall be guaranteed on-going permanent employment by
Murrumbidgee Irrigation until at least 1st December, 2003.
To assist in employment protection and the continuous
improvement of the performance of the business, the parties agree that it shall
be a condition of employment, subject to appropriate training and competency,
that each staff member shall be available to work as required on any work which
is incidental or related to their main task or functions and subject to any
statutory requirements, and that each member of staff shall provide instruction
and or training as appropriate to other staff members as required.
It shall also be a requirement of this award that staff will
receive appropriate training and skill acquisition in order to perform a wide
range of tasks through vertical and cross skilling and the opportunity to
utilise such skills.
Nothing in this Clause shall preclude Murrumbidgee
Irrigation from;
i) exercising
it’s right to dismiss staff for misconduct including, but not limited to, gross
neglect of duty, non observance of safety regulations and policies, threatening
or violent behaviour, fraud or theft of property.
ii) offering
voluntary redundancy to any staff member.
14. Voluntary
Redundancy
Where staff accept voluntary redundancy they shall be
entitled to the following payments:
Four weeks notice or payment in lieu; plus
An additional weeks notice or pay in lieu for staff
aged 45 years and over with 5 or more years of completed service; plus
Severance pay at the rate of 3 weeks per year of
continuous service with a maximum of 39 weeks, with pro-rata payments for
incomplete years of service to be on a quarterly basis; plus
The benefit allowable as a contributor to a retirement
fund; plus
Pro-rata annual leave loading in respect of leave
accrued at the date of termination.
Staff who accept an offer of voluntary redundancy within 2
weeks of the offer being made, and terminate employment within the time
nominated by Murrumbidgee Irrigation, will be entitled to the following
additional payments:
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Less than 1 years service:
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2 weeks pay
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1 year and less than 2 years
service
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4 weeks pay
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2 years and less than 3 years
service:
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6 weeks pay
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3 years service and over:
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8 weeks pay
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15. Managing Displaced
Staff
15.1 The
Consultative Committee shall reach agreement on the required services, (as per
Clause 15.7) and service providers for displaced staff prior to any business
restructure.
15.2 Murrumbidgee
Irrigation is to inform displaced staff, in writing, when their position is to
be declared no longer available and advise them of redeployment options and the
range of services and information sources available to them.
15.3 Displaced staff
may be offered redeployment.
15.4 Redeployment
may involve placement in a position of a different classification or grade with
a difference in salary or wage (5% or one grade or a lower salary or wage).
Displaced staff who are redeployed to a position with a lower salary or wage
shall receive pay maintenance for a period of at least 12 months.
15.5 Displaced staff
must make themselves available for redeployment and accept reasonable
redeployment opportunities when at the existing salary or wages.
15.6 Displaced staff
who are redeployed shall be provided with all necessary training to develop the
skills and competencies required to carry out the duties of the new position.
15.7 The services
and information sources to be provided to displaced staff shall include, but
not limited to the following, (as appropriate);
counselling services,
information on superannuation and financial
entitlements,
Murrumbidgee Irrigation contact staff,
access to assistance with;
job search,
job placement,
resume preparation,
interview skills,
trade/skill certification,
career transition retraining opportunities,
professional assessment of vocational skills, aptitudes
and interests,
information on programs to upgrade skills or
acquisition of new skills,
removal costs to gain employment.
15.8 Displaced staff
may be offered voluntary redundancy
15.9 Displaced staff
who accept voluntary redundancy may be granted 12 weeks job search leave, plus
reimbursement of expenses of up to $5,000 incurred in the payment of training
fees, including books and equipment, during the period of 12 months following
their last day of duty.
16. Future
Negotiations
16.1 The Parties
agree to commence negotiations on a new award no later than six months prior to
the expiration of the nominal term of this award.
16.2 The parties
agree to continue established workplace consultation via the Consultative
Committee.
17. Work Trials
17.1 The parties
agree that during the life of this award, Murrumbidgee Irrigation, in
consultation with relevant staff and the Consultative Committee, may trial new
working arrangements.
17.2 Where such
trials involve temporary variations to the terms of this Award, Murrumbidgee
Irrigation will seek the prior agreement of the Unions whose members are
involved, which shall not be unreasonably withheld.
18. Sick Leave
18.1 Entitlement
18.1.1 Employees are
entitled to sick leave each year and the following entitlements are applicable
within the Company:
76 hours (i.e., 2 weeks x 38 hours per week basis)
105 hours (i.e., 3 weeks x 35 hours per week basis)
114 hours (i.e., 3 weeks x 38 hours per week basis)
18.1.2 Sick leave on
full pay accrues at the beginning of the calendar year except in the first full
year of employment when sick leave accrues on a proportionate basis.
18.1.3 When determining
the amount of sick leave accrued, sick leave granted on less than full pay,
shall be converted to its full pay equivalent.
18.1.4 Any sick leave
that is not taken will accumulate.
18.2 Taking of Leave
18.2.1 Leave may be
granted for absences caused by illness or attendance at doctors, hospitals etc,
when appointment cannot reasonably be made outside of working hours and where
the illness or incapacity is not attributable to the employee’s own misconduct.
18.2.2 Where the sick
leave sought is in excess of three days, a medical certificate indicating the
nature of the illness or the unfitness and the possible duration thereof must
be presented to the Company.
18.2.3 Unless a medical
certificate has been presented or circumstances outside the employee’s control
prevent them from doing so, employees requiring unplanned sick leave, must
inform their Supervisor prior to their designated starting time on each day of
their absence of the following:
the inability to attend work,
nature of the illness which may require
confidentiality, and
the possible duration of the absence.
18.3 Sick Leave as a
Charge Against Other Leave
An employee who has exhausted available sick leave and
is unable to resume duty because of illness or incapacity may elect to access
another form of available leave and must do so by written application.
Sick leave without pay may be granted, provided that
the absence is supported by a medical certificate.
18.4 Workers’
Compensation
(a) An employee
may be eligible to claim sick leave on full or without pay pending the
determination of an employee’s claim under the Workers’ Compensation Act
1987.
(b) If liability
for the claim is accepted, then an equivalent period of any sick leave taken by
the employee pending acceptance of the claim shall be restored to the credit of
the employee.
(c) After the
completion of 26 weeks referred to in section 36 of the Workers’
Compensation Act 1987, an employee may use any accrued and untaken sick
leave to make up any shortfall in their ordinary rate of pay.
(d) Any
requirements under the Workers’ Compensation Act 1987 to provide medical
advice and undertake suitable duties must be complied with by the employee, for
without good reason the Company may withhold any claim to sick leave.
(e) No further
sick leave shall be granted on full pay if there is commutation of weekly
payments of compensation by the payment of a lump sum pursuant to section 51 of
the Workers’ Compensation Act 1987.
18.5 Illness while
on Annual or Long Service Leave
Where an employee who is eligible for sick leave
produces a medical certificate to the effect that they have been incapacitated
for any period while on annual leave or for one week or more while on long
service leave, the employee may be re-credited with an equivalent period of
annual or long service leave as the case may be and sick leave debited
accordingly.
No such re-credit shall be granted to an employee on
leave prior to resignation or termination of service.
18.6 Management of
Sick Leave
18.6.1 The control of
excessive sick leave is the responsibility of the Company and is based on
ensuring the health and well being of all employees and the efficient and
effective operation of the Company.
18.6.2 An employee with
5 absences on sick leave during a twelve month period unsupported by medical
certificates will be interviewed in a counselling environment to discuss
reasons for sick leave. Following
interview and an examination of sick leave absences, within the context of the
employee’s overall attendance patterns and work performance, it may be decided
to take no further action.
18.6.3 If however there
is reason to continue to monitor sick leave absences, then a period will be
specified for improvement and the employee advised of the consequences of
continued unsupported sick leave absences.
18.6.4 If no
improvement occurs within this period then medical certificates will be
required for each future sick leave absence for a period determined by the
Supervisor.
19. Carer’s Leave
19.1 Use of Sick
Leave
19.1.1 An employee with
responsibilities in relation to a class of person set out in 19.1.3 b) who
needs their care and support shall be entitled to use, in accordance with this
subclause, any Sick Leave entitlement which accrues after 1.1.96 for absences
to provide care and support for such persons where they are ill.
19.1.2 The employee
shall, if required, establish by production of a medical certificate or
statutory declaration, the illness of the person concerned.
19.1.3 The entitlement
to use Sick Leave in accordance with this subclause is subject to:
(a) the employee
being responsible for the care and support of the person concerned, and
(b) the person
concerned being -
a spouse of the employee; or
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
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
a same sex partner who lives with the employee as the
de facto partner of that employee on a bona fide domestic basis; or
a relative of the employee who is a member of the same
household, where for the purpose of this paragraph:
‘relative’ means a person related by blood, marriage,
or affinity;
"affinity’ means a relationship that one spouse,
because of marriage has to blood relatives of the other; and
‘household’ means a family group living in the same
domestic dwelling
19.1.4 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 their
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 the absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of the absence.
19.2 Unpaid Leave
for Family Purpose
19.2.1 The employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a class of person set out in 19.1.3 b) above
who is ill.
19.3 Annual Leave
19.3.1 To give effect
to this Clause, but subject to the Annual Holidays Act 1944, an employee
may elect, with the consent of the employer, to take annual leave not exceeding
five days in any calendar year at a time or times agreed by the parties.
19.4 Grievance
Process
19.4.1 In the event of
any dispute arising in connection with any part of this clause, such dispute
shall be processed in accordance with the dispute settlement provisions of this
Agreement.
20. Special Leave
20.1 Base
Entitlement
20.1.1 The Company
shall in the case of personal circumstances provide to an employee some or all
of the available special leave on full pay. The entitlement will be whichever is the greater of the following:
2.5 working days during the first year of service and
on completion of the first year’s service, 5 working days in any period of 2
years; or
1 working day for each completed year of service after
2 years of continuous service, less any period of special leave already taken.
20.1.2 Special Leave
may be taken to a minimum 1 hour duration.
20.1.3 If Special leave
is insufficient, access to alternative leave provisions may be granted to cover
the required leave.
20.2 Application
Special leave may include but not be limited to the
following applications:
(a) Compassionate
grounds such as the death or serious illness of a close member of the family or
a member of the employee’s household.
(b) Local Fire
Brigade or Bushfire Brigade duty.
(c) Training
Courses that have received Company endorsement prior to commencement.
(d) Local
Government Service.
(e) Sport at State
or National representative level.
(f) Retirement
Seminars
20.3 Additional
Entitlement
Employees who are required to provide a service in a
State or National interest in the areas described below will be entitled to
additional leave as mentioned:
(a) State
Emergencies
Employees who volunteer to assist the State Emergency Service
during emergencies, and are released by the Company for that purpose, may be
granted special leave on ordinary pay whilst engaged in these activities during
normal working hours.
(b) Fire Fighting
Employees who undertake fire fighting duties during an
emergency as declared under Section 17 or Section 41F of the Bushfires Act
may be granted special leave at ordinary pay for the time they are necessarily
absent from duty on such emergency fire fighting activities.
(c) Military Duty
Employees who are members of the Defence Reserve Forces
and whose military service is part time may be granted up to 15 working days
special leave at ordinary pay during the leave year.
(d) Court Service
- when an employee is summoned to be part of a jury or a witness at court.
Notice of court service shall be presented to the
Company as soon as practicable.
During such leave of absence the employee shall be paid
the difference between the court service fees received and the normal ordinary
rate of pay as if working.
21.
Anti-Discrimination
21.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity and age.
21.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
21.3 Under the Anti
Discrimination Act 1977, it is unlawful to victimise an employee because
the employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
21.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
21.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
22. Union Membership
Dues and Deduction
22.1 The union shall
provide Murrumbidgee Irrigation with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union’s
rules.
22.2 The union shall
advise the Murrumbidgee Irrigation of any change to the amount of fortnightly
membership fees made under its rules.
Any variation to the schedule of union fortnightly membership fees
payable shall be provided to the Murrumbidgee Irrigation at least one month in
advance of the variation taking effect.
22.3 Subject to (a)
and (b) above, the Murrumbidgee Irrigation shall deduct union fortnightly
membership fees from the pay of any employee who is a member of the union in
accordance with the union’s rules, provided that the employee has authorised
the Murrumbidgee Irrigation to make such deductions.
22.4 Monies so
deducted from an employee’s pay shall be forwarded regularly to the union
together with all necessary information to enable the union to reconcile and
credit subscriptions to employees’ union membership accounts.
Schedule 1
Classifications
And Common Wage Points
|
General
Construction Workers
|
|
Classification
|
Common
|
|
|
Wage Point
|
|
|
Hourly Rate
|
|
|
|
|
Construction Worker Group 1
|
32
|
|
Camp and/or amenities attendant
|
|
|
Fencer
|
|
|
General Labourer - not otherwise classified
|
|
|
Labourer - bending reinforcing steel
|
|
|
Labourer - Planting, spraying and/or lopping trees
|
|
|
Machineman's assistant
|
|
|
Motor and/or pump attendant
|
|
|
Tradesman's labourer - on construction work
|
|
|
|
|
|
Construction Worker Group 2
|
38
|
|
Crane chaser
|
|
|
Erector structural steel
|
|
|
Machineman and/or pneumatic pickman and or tamperman
|
|
|
Powder monkey's assistant
|
|
|
Storeman
|
|
|
Concrete worker - including floater, form erector and/or
stripper, jazzerman
|
|
|
and/or tamperman, concrete cutting or drilling machine operator, kerb and/or
gutter layer
|
|
|
Labourer bending reinforcing steel to pattern or plan
|
|
|
Labourer engaged spraying weeds and/or grasses with
chemical weedicide;
|
|
|
Spray Operator - Weedicide etc
|
|
|
|
|
|
Construction Worker Group 3
|
41
|
|
Augerman - pneumatic or electrically powered augers and/or
timber boring machines
|
|
|
Powder monkey
|
|
|
Scaffolder (certificated)
|
|
|
Wire rope splicer (not being a certificated rigger)
|
|
|
Concrete finisher
|
|
|
Concrete kerb finisher and patcher (steel, wooden, rubber
or mechanical trowel)
|
|
|
Labourer placing and/or tack welding, reinforcing steel
|
|
|
|
|
|
Construction Worker Group 4
|
43
|
|
Dogman
|
|
|
Rigger (certificated) and wire rope splicer
|
|
|
|
|
|
Construction Worker - Other
|
|
|
Sand blast operator
|
36
|
|
Pipelayer and/or jointer
|
35
|
|
Labourer - using hand trowels on cement or concrete
channels
|
35
|
|
Labourer - using shovel for constructing cement channels -
known as laying on
|
35
|
|
Labourers engaged in the erection and placement of steel
wire mattresses
|
35
|
|
Labourers engaged in the erection and placement of steel
wire box gabions
|
39
|
|
|
|
|
Youths
|
|
|
At 15 years of age
|
2
|
|
At 16 years of age
|
4
|
|
At 17 years of age
|
9
|
The Common Wage Point Hourly Rate includes the Special Rate
under Clause 4 (ii) of the General Construction (State) Award.
The following allowances shall be added to the hourly rates
when applicable.
Distant Places: (Clause 5(v)(a) of the General
Construction (State) Award)
All staff members working in districts west and north
of and excluding State Highway No.17 from Tocumwal to Gilgandra, State Highway
No.11 from Gilgandra to Tamworth, Trunk Road No.63 to Yetman and State Highway
No.16 to Boggabilla up to the Western Division boundary and excluding the
municipalities through which the road passes, shall be paid $0. 0995 per hour
in addition to the Common Wage Point Hourly Rate.
First Aid: (Clause 27 of the General Construction
(State) Award)
A staff member appointed by the Corporation to perform
first aid duty shall be paid $0.2120 per hour in addition to the Common Wage
Point Hourly Rate.
|
Gangers
|
|
Classification
|
Common
|
|
|
Wage Point
|
|
|
Hourly Rate
|
|
|
|
|
(i)
|
Gangers in charge of a gang:
|
|
|
|
|
|
|
|
(a)
|
Up to 9 staff
|
47
|
|
|
(b)
|
From 10 to 15 staff
|
50
|
|
|
(c)
|
16 staff or more
|
52
|
|
|
|
|
|
(ii)
|
Where gangs include one or more major plant items
(tractors, front or back end
|
|
|
|
loaders, power graders) the following amounts shall be
added to the weekly rate
|
|
|
|
shown above:
|
|
|
|
|
|
|
|
(a)
|
up to 3 major plant items
|
$13.20
|
|
|
(b)
|
4 to 5 major plant items
|
$21.90
|
|
|
(c)
|
6 or more major plant items
|
$35.20
|
The following allowances shall be added to the weekly rates
when applicable.
Distant Places: (Clause 16 (i) of the Gangers (State) Award)
All staff members working in districts west and north of and
excluding State Highway No.17 from Tocumwal to Gilgandra, State Highway No.11
from Gilgandra to Tamworth, Trunk Road No.63 to Yetman and State Highway No.16
to Boggabilla up to the Western Division boundary and excluding the
municipalities through which the road passes, shall be paid $8. 00 per week in
addition to the Common Wage Point Weekly Rate.
First Aid: (Clause 26 of the Gangers (State) Award)
A staff member appointed by the Corporation to perform first
aid duty shall be paid $10.30 per week in addition to the Common Wage Point
Weekly Rate.
|
Plant Operators
|
|
Classification
|
Common
|
|
|
Wage Point
|
|
|
Hourly Rate
|
|
(i)
|
Mobile Crane
|
|
|
|
Lifting capacity up to 5.1 tonnes
|
38
|
|
|
Lifting capacity > 5.1 up to 10.2
|
39
|
|
|
Lifting capacity > 10.2 up to 15.2
|
42
|
|
|
Lifting capacity > 15.2 up to 20.3
|
43
|
|
|
|
|
|
(ii)
|
Excavator Operators
|
|
|
|
Up to and including.57 cu m
|
41
|
|
|
Over.57 up to 1.53 cu m
|
43
|
|
|
Over 1.53 up to 3. 06 cu m
|
46
|
|
|
Over 3. 06 up to 5.35 cu m
|
48
|
|
|
Over 5.35 cu m
|
50
|
|
|
|
|
|
(iii)
|
Grader Operators
|
|
|
|
74.6 kw and under
|
42
|
|
|
Over 74.6 kw
|
44
|
|
|
|
|
|
(iv)
|
Tractor Operators/ Loader Operators - Front End, Overhead,
Backhoes -
|
|
|
|
|
|
|
|
(a)
|
Without Power Operated attachments
|
|
|
|
|
(i)
|
48.5 kw and under
|
36
|
|
|
|
(ii)
|
Over 48.5 kw
|
39
|
|
|
|
|
|
|
(b)
|
Whilst using power operated attachments
|
|
|
|
|
(i)
|
48.5 kw and under
|
39
|
|
|
|
(ii)
|
Over 48.5 kw less than 97 kw
|
43
|
|
|
|
(iii)
|
Over 97 kw less than 220 kw
|
44
|
|
|
|
(iv)
|
Over 220 kw
|
46
|
|
|
|
|
|
(v)
|
Forklift Operator
|
39
|
|
|
|
|
|
(vi)
|
Coles Full circle Diesel Electric Crane
|
46
|
|
|
|
|
|
(vii)
|
An operator appointed In Charge of Plant - the following
amount shall be added to
|
$12.77
|
|
|
the appropriate weekly rate set out above
|
|
|
|
|
|
|
|
The following allowances shall be added to the weekly rates
when applicable.
Distant Places: (Clause 11 (i) of the Plant Operators on
Construction (PWD, WRC, etc.) Award)
All staff members working in districts west and north of and
excluding State Highway No.17 from Tocumwal to Gilgandra, State Highway No.11
from Gilgandra to Tamworth, Trunk Road No.63 to Yetman and State Highway No.16
to Boggabilla up to the Western Division boundary and excluding the
municipalities through which the road passes, shall be paid $8. 00 per week in
addition to the Common Wage Point Weekly Rate.
First Aid: (Clause 25 (v) of the Plant Operators on
Construction (PWD, WRC, etc. ) Award)
A staff member appointed by the Corporation to perform first
aid duty shall be paid $1.96 per day in addition to the Common Wage Point
Weekly Rate.
|
Skilled Trades
|
|
Classification
|
Common
|
|
|
Wage Point
|
|
|
Hourly Rate
|
|
Bricklayer
|
41
|
|
Carpenter and/or Joiner
|
41
|
|
Electrical Fitter
|
48
|
|
Electrical Mechanic
|
48
|
|
Electrician in Charge of Plant having a capacity of 75 Kw
or more
|
55
|
|
Electrician in Charge of Plant having a capacity of less
than 75 Kw
|
50
|
|
Fitter
|
41
|
|
Machinist, First Class (Metal Trades)
|
41
|
|
Mechanical Tradesperson Special Class
|
47
|
|
Motor Mechanic
|
41
|
|
Painter
|
41
|
|
Plant Electrician
|
54
|
|
Plant Mechanic
|
41
|
|
Signwriter
|
44
|
|
Turner
|
41
|
|
Welder, Special Class
|
42
|
|
Welder, First Class
|
41
|
|
Apprentices
|
|
|
|
|
|
Four Year Term -
|
|
|
(I)
|
1st Year
|
1
|
|
|
2nd Year
|
2
|
|
|
3rd Year
|
11
|
|
|
4th Year
|
23
|
The following Tool Allowances shall be added to the weekly
rates.
|
Bricklayer
|
$16. 00
|
|
Carpenter and/or Joiner
|
$22.10
|
|
Electrical Fitter
|
$11.60
|
|
Electrical Mechanic
|
$11.60
|
|
Electrician in Charge of Plant having a capacity of 75 Kw
or more
|
$11.60
|
|
Electrician in Charge of Plant having a capacity of less
than 75 Kw
|
$11.60
|
|
Fitter
|
$22.10
|
|
Machinist, First Class (Metal Trades)
|
$22.10
|
|
Mechanical Tradesperson Special Class
|
$22.10
|
|
Motor Mechanic
|
$22.10
|
|
Painter
|
$ 5.10
|
|
Plant Electrician
|
$11.60
|
|
Plant Mechanic
|
$22.10
|
|
Signwriter
|
$ 5.10
|
|
Turner
|
$22.10
|
|
Welder, Special Class
|
$22.10
|
|
Welder, First Class
|
$22.10
|
The following allowances shall be added to the weekly rates
when applicable.
Distant Places: (Clause 5.3 of the Crown Employees (Skilled
Trades) Award)
All staff members working in districts west and north of and
excluding State Highway No.17 from Tocumwal to Gilgandra, State Highway No.11
from Gilgandra to Tamworth, Trunk Road No.63 to Yetman and State Highway No.16
to Boggabilla up to the Western Division boundary and excluding the
municipalities through which the road passes, shall be paid $8. 00 per day in
addition to the Common Wage Point Weekly Rate.
First Aid: (Clause 19 4 of the Crown Employees (Skilled
Trades) Award)
Where a staff member is a qualified first aid attendant and
is employed to carry out the duties of a qualified first aid attendant he/she
shall be paid $10.80 per week in addition to the Common Wage Point Weekly Rate.
|
Truck Drivers
|
|
Classification
|
Common
|
|
|
Wage Point
|
|
|
Hourly Rate
|
|
(1)
|
Drivers of Motor Wagons - having a manufacturer's gross vehicle
mass in kilograms
|
|
|
|
|
|
|
|
(a)
|
Up to 2950
|
29
|
|
|
(b)
|
Over 2950 and up to 4650
|
30
|
|
|
(c)
|
Over 4650 and up to 7700
|
31
|
|
|
(d)
|
Over 7700 and up to 10800
|
32
|
|
|
(e)
|
Over 10800 and up to 13950
|
33
|
|
|
(f)
|
Over 13950 and up to 15500
|
34
|
|
|
(g)
|
Over 15500 and up to 21110
|
35
|
|
|
(h)
|
Over 21100 and up to 25200
|
36
|
|
|
(i)
|
Over 25200 and up to 30650
|
37
|
|
|
(j)
|
Over 30650 and up to 33350
|
38
|
|
|
(k)
|
Over 33350 and up to 38880
|
39
|
|
|
(l)
|
Over 38800 and up to 42900
|
40
|
|
|
(m)
|
Over 42900 and up to 45650
|
41
|
|
|
|
|
(2)
|
Ancillary Plant Drivers
|
|
|
|
|
|
|
|
Grade A
|
up to 65 BHP
|
39
|
|
|
Grade B
|
>65 BHP to 130 BHP
|
43
|
|
|
Grade C
|
>130 BHP to 295 BHP
|
44
|
|
|
Grade D
|
>295 BHP to 500 BHP
|
46
|
|
|
|
|
(3)
|
Drivers of articulated vehicles the following amounts
shall be added to the
|
|
|
|
appropriate weekly rate
|
|
|
|
|
|
|
|
(a)
|
where the semi trailer has a single axle
|
$29.75
|
|
|
(b)
|
where the semi trailer has two axles
|
$37.73
|
|
|
(c)
|
where the semi trailer has more than two axles
|
$44.68
|
|
|
|
|
(4)
|
Drivers of trucks or articulated vehicles that together
with the load exceeds the
|
|
|
|
following dimensions shall have the following amounts
added to the appropriate
|
|
|
|
weekly rate
|
|
|
|
|
|
|
|
(a)
|
2.9 m wide or 18.29 m long or 4.3 m high
|
$29.10
|
|
|
(b)
|
3.36 m wide or 21.34 m long or 4.58 m high
|
$54.55
|
|
|
|
|
(5)
|
Staff appointed as Leading Hands shall have the following
amount added to the
|
$28. 09
|
|
|
appropriate weekly rate
|
|
|
|
|
|
|
|
The Common Wage Point Weekly Rate includes the Additional
Wage Rate under Clause 2.6 of the Transport Industry (State) Award.
The following allowances shall be added to the weekly rates
when applicable.
Distant Places: (not included in the Transport Industry
(State) Award)
All staff members working in districts west and north of and
excluding State Highway No.17 from Tocumwal to Gilgandra, State Highway No.11
from Gilgandra to Tamworth, Trunk Road No.63 to Yetman and State Highway No.16
to Boggabilla up to the Western Division boundary and excluding the
municipalities through which the road passes, shall be paid $3.50 per week in
addition to the Common Wage Point Weekly Rate.
First Aid: (Clause 2.16 of the Transport Industry (State)
Award)
A staff member appointed by the Corporation to perform first
aid duty shall be paid $1.98 per day in addition to the Common Wage Point
Weekly Rate.
SCHEDULE 2
CLASSIFICATIONS
AND COMMON SALARY POINTS
|
Executive Services
|
|
Classification
|
Common
|
|
|
Salary Point
|
|
|
Annual Rate
|
|
Policy Officer
|
|
|
1st year
|
101
|
|
thereafter
|
104
|
|
|
|
|
Secretary to Chief Executive Officer, Executive Secretary
|
|
|
1st year
|
52
|
|
thereafter
|
55
|
SCHEDULE 3
CLASSIFICATIONS
AND COMMON SALARY POINTS
|
Operations
|
|
Classification
|
Common
|
|
|
|
Salary Point
|
|
|
|
Annual Rate
|
|
1.
|
Channel Attendant
|
|
|
|
Grade 1
|
|
|
|
1st year
|
36
|
|
|
thereafter
|
43
|
|
|
Grade 2
|
|
|
|
1st year
|
55
|
|
|
2nd year
|
59
|
|
|
thereafter
|
62
|
|
2.
|
Planner
|
67
|
|
|
1st year
|
71
|
|
|
thereafter
|
|
|
3.
|
Senior Channel Attendant
|
|
|
|
1st year
|
74
|
|
|
thereafter
|
77
|
|
4.
|
Senior Operations Officer
|
|
|
|
1st year
|
74
|
|
|
thereafter
|
77
|
|
5.
|
Operations Manager
|
|
|
|
1st year
|
90
|
|
|
2nd year
|
93
|
|
|
thereafter
|
99
|
The above rates cover payment for all time worked including
work performed on Saturdays, Sundays and Public Holidays including Bank
Holiday.
SCHEDULE 4
CLASSIFICATIONS
AND COMMON SALARY POINTS
|
Administration
|
|
Classification
|
Common
|
|
|
|
Salary Point
|
|
|
|
Annual Rate
|
|
1.
|
Administration Officers
|
|
|
|
General Scale
|
|
|
|
1st year or at 18 years age
|
7
|
|
|
2nd year
|
11
|
|
|
3rd year or at 21 years age
|
17
|
|
|
4th year
|
20
|
|
|
5th year
|
23
|
|
|
6th year
|
25
|
|
|
7th year
|
28
|
|
|
8th year
|
32
|
|
|
9th year
|
36
|
|
|
10th year
|
40
|
|
|
|
|
|
|
Grade 1
|
|
|
|
1st year
|
46
|
|
|
thereafter
|
49
|
|
|
|
|
|
|
Grade 2
|
|
|
|
1st year
|
52
|
|
|
thereafter
|
55
|
|
|
|
|
|
|
Grade 3
|
|
|
|
1st year
|
58
|
|
|
thereafter
|
61
|
|
|
|
|
|
|
Grade 4
|
|
|
|
1st year
|
64
|
|
|
thereafter
|
67
|
|
|
|
|
|
|
Grade 5
|
|
|
|
1st year
|
75
|
|
|
thereafter
|
78
|
|
|
|
|
|
|
Grade 6
|
|
|
|
1st year
|
82
|
|
|
thereafter
|
85
|
|
|
|
|
|
|
Grade 7
|
|
|
|
1st year
|
88
|
|
|
thereafter
|
91
|
|
|
|
|
|
|
Grade 8
|
|
|
|
1st year
|
95
|
|
|
thereafter
|
98
|
|
|
|
|
|
|
Grade 9
|
|
|
|
1st year
|
101
|
|
|
thereafter
|
104
|
|
|
|
|
|
|
Grade 10
|
|
|
|
1st year
|
108
|
|
|
thereafter
|
111
|
|
|
|
|
|
|
Grade 11
|
|
|
|
1st year
|
116
|
|
|
thereafter
|
120
|
|
|
|
|
|
|
Grade 12
|
|
|
|
1st year
|
126
|
|
|
thereafter
|
130
|
|
Professional
|
|
|
|
Common
|
|
|
|
Salary Point
|
|
|
|
Annual Rate
|
|
1.
|
Engineer
|
|
|
|
|
|
|
|
Grade 1
|
46
|
|
|
2nd year (Graduate commencing rate)
|
50
|
|
|
3rd year
|
56
|
|
|
4th year
|
63
|
|
|
5th year
|
70
|
|
|
6th year
|
76
|
|
|
|
|
|
|
Grade 2
|
|
|
|
1st year
|
82
|
|
|
2nd year
|
86
|
|
|
3rd year
|
89
|
|
|
thereafter
|
92
|
|
|
|
|
|
|
Grade 3
|
|
|
|
1st year
|
97
|
|
|
2nd year
|
100
|
|
|
3rd year
|
104
|
|
|
thereafter
|
107
|
|
|
|
|
|
|
Grade 4
|
|
|
|
1st year
|
112
|
|
|
2nd year
|
115
|
|
|
thereafter
|
117
|
|
|
|
|
|
|
Grade 5
|
|
|
|
1st year
|
121
|
|
|
thereafter
|
123
|
|
|
|
|
|
|
Grade 6
|
|
|
|
1st year
|
125
|
|
|
thereafter
|
127
|
|
2.
|
Engineering Assistants, Field Officers,
|
|
|
|
|
|
|
|
Cadet/Trainee
|
|
|
|
1st year
|
8
|
|
|
2nd year
|
11
|
|
|
3rd year
|
17
|
|
|
4th year
|
25
|
|
|
5th year
|
32
|
|
|
thereafter
|
37
|
|
|
Staff employed as Cadets/Trainees who undertake a course
approved by the Corporation shall upon
|
|
|
obtaining qualification in the approved course of study be
advanced to the 1st year of the General
|
|
|
Scale.
|
|
|
General Scale
|
|
|
|
1st year
|
37
|
|
|
2nd year
|
44
|
|
|
3rd year
|
51
|
|
|
4th year
|
58
|
|
|
5th year
|
64
|
|
|
thereafter
|
71
|
|
|
|
|
|
|
Grade 1
|
|
|
|
1st year
|
72
|
|
|
2nd year
|
75
|
|
|
3rd year
|
78
|
|
|
thereafter
|
81
|
|
|
|
|
|
|
Grade 2
|
|
|
|
1st year
|
85
|
|
|
thereafter
|
87
|
|
|
|
|
|
|
Grade 3
|
|
|
|
1st year
|
90
|
|
|
thereafter
|
95
|
|
|
|
|
|
|
Grade 4
|
|
|
|
1st year
|
99
|
|
|
thereafter
|
102
|
|
|
|
|
|
|
Grade 5
|
|
|
|
1st year
|
108
|
|
|
thereafter
|
111
|
|
|
|
|
|
|
Grade 6
|
|
|
|
1st year
|
116
|
|
|
thereafter
|
121
|
|
3.
|
Other Professional Officers
|
|
|
|
|
|
|
|
Grade 1
|
46
|
|
|
1st year
|
50
|
|
|
2nd year
|
56
|
|
|
3rd year
|
63
|
|
|
4th year
|
70
|
|
|
5th year
|
76
|
|
|
thereafter
|
|
|
|
|
|
|
|
Grade 2
|
|
|
|
1st year
|
81
|
|
|
2nd year
|
84
|
|
|
3rd year
|
87
|
|
|
thereafter
|
91
|
|
|
|
|
|
|
Grade 3
|
|
|
|
1st year
|
95
|
|
|
2nd year
|
98
|
|
|
3rd year
|
100
|
|
|
thereafter
|
104
|
|
|
|
|
|
|
Grade 4
|
|
|
|
1st year
|
108
|
|
|
thereafter
|
110
|
|
|
|
|
|
|
Grade 5
|
|
|
|
1st year
|
114
|
|
|
thereafter
|
116
|
|
|
|
|
|
|
Grade 6
|
|
|
|
1st year
|
119
|
|
|
thereafter
|
121
|
|
|
|
|
|
|
Grade 7
|
|
|
|
1st year
|
124
|
|
|
thereafter
|
126
|
|
|
|
|
|
|
Grade 8
|
|
|
|
1st year
|
129
|
|
|
thereafter
|
130
|
SCHEDULE 5
Classifications
and Common Salary Points
|
Works
|
|
Classification
|
Common
|
|
|
|
Salary Point
|
|
|
|
Annual Rate
|
|
1.
|
Overseer
|
|
|
|
Grade 1
|
60
|
|
|
Grade 2
|
61
|
|
|
Grade 3
|
65
|
|
|
Grade 4
|
73
|
|
|
Grade 5
|
77
|
|
2.
|
Works Manager
|
|
|
|
1st year
|
90
|
|
|
2nd year
|
93
|
|
|
thereafter
|
99
|