BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1616)

SERIAL C3582

LANDCOM (CONDITIONS OF EMPLOYMENT 2004) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by Landcom for a new award.

(No. IRC 81 of 2005)

Before Commissioner Cambridge

28 January 2005

AWARD

1. Arrangement

Clause No. Subject Matter

1. Arrangement

2. Title

3. Area, Incidence and Duration

4. Parties and Coverage

5. Definitions

6. Local Arrangements

7. Dispute Resolution

8. Consultation

9. Hours of Work

10. Agreed Absences

11. Standard Hours

12. Part Time Staff Members

13. Filling Positions

13A. Casual Employment

14. Recruitment and Selection

15. Job Evaluation

16. Salary Sacrifice and Packaging

17. Payment of Expenses

18. Higher Duties Allowance

19. Allowances - General

20. Excess Travelling Time

21. Meal Allowances

22. Use of Private Motor Vehicles

23. Overseas Travel

24. First Aid Allowance

24A. Weekend and Public Holiday Allowance

25. Uniforms, Protective Clothing and Their Maintenance

26. Compensation for Damage to or Loss of Private Property

27. Overtime

28. Rates For Payment of Overtime

29. Rest Periods

30. Meal Breaks

31. Compensation for Directed Overtime

32. Provision of Transport

33. Leave

34. Annual Leave

35. Sick Leave

36. Sick Leave - Workers’ Compensation

37. Sick Leave - Other Than Workers’ Compensation

38. Sick Leave - Requirements For Medical Certificate

39. Sick Leave to Care for a Family Member

40. Maternity Leave

41. Parental Leave

42. Adoption Leave

43. Family and Community Service Leave

44. Observance of Essential Religious or Cultural Obligations

45. Long Service Leave

46. Leave Without Pay

47. Military Leave

48. Special Leave

49. Staff Development, Training Activities and Study Assistance

50. Exchanges

51. Relocation Package

52. Termination of Employment

53. Working From Home

54. Private Employment

55. Management of Displaced Staff Members

56. Child Care Arrangements

57. Performance Management

58. Unsatisfactory Performance or Misconduct

59. Anti-Discrimination

60. Association Activities

61. Access to Facilities

62. Right of Entry

63. Industrial Action

64. Technological Change

65. Association Deductions

66. Public Holidays

67. Community Language Allowance

68. No Extra Claims

69. Saving of Entitlements

70. Flexible Work Practices

71. Monetary Rates Table

2. Title

This award shall be known as the Landcom (Conditions of Employment 2004) Award.

3. Area, Incidence and Duration

(1) This award shall apply to all staff members employed by Landcom in accordance with the Act and replaces in full the following:

(a) Crown Employees (Public Service Conditions of Employment) Award 2002 published 21 March 2003 (338 I.G. 837).

(b) Crown Employees (Public Sector Salaries 2002) Award published 7 June 2002 (334 I.G. 1).

(d) Crown Employees (Senior Officers 1997) Award published 11 March 2005 (349 I.G.103).

(e) Landcom (Conditions of Employment 2002) Award published 26 July 2002 (335 I.G. 422).

(f) Any other award, agreement or determination that affected Landcom as a Division of the Department of Urban Affairs and Planning within the NSW Public Service.

(2) Where there may be inconsistencies between this award and conditions of employment affecting staff of Landcom in previous, or other otherwise applicable, awards or agreements, the arrangements in this award shall prevail.

(3) This award shall take effect from 1 January 2005 and shall remain in force until 30 June 2007.

(4) This award complies with Section 19 of the Industrial Relations Act 1996.

4. Parties and Coverage

(1) The parties to this award are Landcom and the Public Service Association and Professional Officer’s Association Amalgamated Union of New South Wales.

(2) The provisions of this award shall apply to staff members employed by Landcom.

5. Definitions

"Act" means the Landcom Corporation Act 2001.

"Agreement" means an agreement as defined in the Industrial Relations Act 1996.

"Approved Course" means a course that is relevant to the employment of the staff member and one that has been approved by the Chief Executive Officer.

"Association" means the Public Service Association and the Professional Officer’s Association Amalgamated Union of New South Wales (PSA).

"Association Delegate" means an accredited Association delegate responsible for their workplace membership; and/or a person who is elected by the Association as its representative, an executive member or a member of the Association’s Council.

"Association Official" means a person who is employed by the Association to carry out duties of an official in a permanent or temporary capacity, including elected full-time officials and/or staff members placed on loan to the union for an agreed period of time.

"At the convenience of" means the operational requirements permit the staff member’s release from duty or that satisfactory arrangements are able to be made for the performance of the staff member’s duties during the absence.

"Award" means an award as defined in the Industrial Relations Act 1996.

"Birth" means the birth of a child and includes stillbirth.

"Corporation" means Landcom as established by the Act.

"Chief Executive Officer" means the Managing Director of Landcom or a person authorised by the Managing Director.

"Exchange" means an arrangement agreed to by the Chief Executive Officer, the staff member and a public service department, a public sector organisation or a private sector organisation which enables the staff member to work in such other organisation for an agreed period of time and under conditions agreed to prior to the commencement of the period of exchange.

"Expected date of birth" in relation to a staff member who is pregnant, means a date specified by her medical practitioner to be the date on which the medical practitioner expects the staff member to give birth as a result of the pregnancy.

"Full pay" or "half pay" or "double pay" means the staff member’s ordinary rate of pay or half the ordinary rate of pay or double the ordinary rate of pay respectively.

"Full-time position" means a position that is occupied, or if not for being vacant, would be occupied, by a full-time staff member.

"Headquarters" means the centre to which a staff member is attached or from which a staff member is required to operate on a long-term basis.

"Industrial action" means industrial action as defined in the Industrial Relations Act 1996.

"Local holiday" means a holiday which applies to a particular township or district of the State and which is not a public holiday throughout the State.

"Long service leave" means long service (previously "extended") leave to which a staff member is entitled under the provisions of this award.

"Normal work", for the purposes of clause 7 Dispute Resolution of this award, means the work carried out in accordance with the staff member’s position or job description at the location where the staff member was employed, at the time the grievance or dispute was notified by the staff member.

"Official overseas travel" means authorised travel out of Australia by a staff member where the staff member proceeds overseas on official business.

"On duty" means the time required to be worked for the Corporation.

"Overtime" means all time worked outside the 10.5 hour daily bandwidth applicable to a staff member working pursuant to the provisions of clause 9 Hours of Work, whether before or after the commencing and finishing times of the daily bandwidth, at the direction of the Chief Executive Officer. "Overtime" also means all time worked outside the set hours of work applicable to a staff member working pursuant to the provisions of clause 11 Standard Hours, whether before or after the commencing and finishing times of the set hours, at the direction of the Chief Executive Officer.

"Part-time entitlement", unless specified otherwise in this award, means pro rata of the full-time entitlements calculated according to the number of hours a staff member works in a part-time position or under a part-time work arrangement.

"Part-time hours" means the hours that are less than the 35 hours per week that constitute full-time work under this award.

"Part-time position" means a designated part-time position and, unless otherwise specified, includes any position that is filled on a part-time basis.

"Part-time staff member" means a staff member whose ordinary hours of duty are specified as part-time and whose weekly hours of work are less than the 35 hours per week required of full-time staff members.

"Public holiday" means a bank or public holiday under the Banks and Bank Holidays Act 1912, but does not include a Saturday which is such a holiday by virtue of section 15A of that Act, and 1 August or such other day that is a bank holiday instead of 1 August.

"Recall to duty" means those occasions when a staff member is directed to return to duty outside the staff member’s 10.5 hour daily bandwidth in the case of a staff member working pursuant to the provisions of clause 9 Hours of Work, or outside the staff member’s set hours in the case of a staff member working pursuant to the provisions of clause 11 Standard Hours.

"Residence", in relation to a staff member, means the ordinary and permanent place of abode of the staff member.

"Short leave" means the leave which was available to be granted to staff members in the case of pressing necessity that was replaced by the family and community service leave from 20 September 1994.

"Staff member" means an employee, including a casual, temporary or term employee, of Landcom and, unless otherwise specified in this award, includes both full-time and part-time staff members.

"Standby" means an instruction given by the Chief Executive Officer to a staff member to be available for immediate contact in case of a recall to duty.

"Study leave" means the justitification for courses at any level or for study tours during which financial assistance may be approved by the Chief Executive Officer.

"Study time" means the time allowed off from normal duties on full pay to a staff member who is studying in a part-time course, generally to a maximum of four hours per week during semester or term period.

"Supervisor" means the immediate supervisor or manager of the area in which a staff member is employed or any other staff member authorised by the Chief Executive Officer to fulfil the role of a supervisor or manager, other than a person engaged as a consultant or contractor.

"Temporary work location" means the place at or from which a staff member temporarily performs Landcom work if required to work away from headquarters.

"Use of private motor vehicle casual rate" means the appropriate rate payable in respect of a motor vehicle maintained by the staff member for private purposes but which the staff member may elect to use with the approval of the Chief Executive Officer for occasional travel on official business, subject to the allowance paid for such travel not exceeding the cost of travel by public or other available transport.

"Use of private motor vehicle official business rate" means the appropriate rate of allowance payable for the use of a private motor vehicle where no other transport is available and such use is directed by the Chief Executive Officer and agreed to by the staff member or where the staff member is unable to use other transport due to a disability.

"Workplace" means the whole of Landcom or, as the case may be, a branch or section of the Corporation in which the staff member is employed.

"Workplace management" means the Chief Executive Officer or any other person authorised by the Chief Executive Officer to assume responsibility for the conduct and effective, efficient and economical management of the functions and activities of Landcom or part of the Corporation.

6. Local Arrangements

(1) Local arrangements may be negotiated between the Chief Executive Officer and the Association in respect of the whole, or part(s), of Landcom.

(2) All local arrangements negotiated between the Chief Executive Officer and the Association shall be contained in a formal document such as, but not limited to, a co-lateral agreement, exchange of letters, or a memorandum of understanding.

7. Dispute Resolution

(1) Subject to the provisions of the Industrial Relations Act 1996, all grievances and disputes relating to the provisions of this award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within Landcom, if required.

(2) A staff member is required to notify, preferably in writing, their immediate supervisor or manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

(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, the Chief Executive Officer or delegate.

(4) The immediate supervisor or other appropriate manager shall convene a meeting in order to resolve the grievance, dispute or difficulty within two working days, or as soon as practicable, of the matter being brought to attention.

(5) If the matter remains unresolved with the immediate supervisor or manager, the staff member may request to meet the appropriate person at the next level of management in order to resolve the matter. This supervisor or manager shall respond within two working days, or as soon as practicable. This sequence of reference to successive levels of management may be pursued by the staff member until the matter is referred to the appropriate General Manager or their nominated representative.

(6) If the matter remains unresolved, the General Manager or their nominated representative shall provide a written response to the staff member and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

(7) A staff member may, at any stage of these procedures, request to be represented by the Association and Landcom will agree to such request.

(8) Should the matter not be resolved within a reasonable time, any of the parties may refer it to the New South Wales Industrial Relations Commission for settlement. The staff member, Association and Landcom shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

Whilst the procedures outlined in subclauses (1) to (8) of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in a case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any Landcom staff member or member of the public.

For the purposes of this clause, a "General Manager" is a Landcom manager reporting directly to the Chief Executive Officer.

8. Consultation

(1) There shall be effective means of consultation on matters of mutual interest and concern, both formal and informal, between Landcom management and the Association.

(2) The parties to this Award will establish a Consultative Working Party. This Working Party shall generally act to oversee and assist implementation of this Award. The Consultative Working Party shall consist of both Landcom and Association representatives, to be nominated by the respective parties, to the following maximum numbers:

Landcom representatives:	3
Association representatives:	3

Either party may have additional representatives attend on their behalf following reasonable notice being given to the other party of such a requirement.

(3) The Consultative Working Party shall meet within one month of the making of this Award and thereafter every three months, or as otherwise agreed between the parties.

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

9. Hours of Work

(1) Notionally, staff members will work a 35 hour week, to be worked over a minimum of 5 days on any of the 7 days of the week.

(2) The normal working week shall be Monday to Friday, with standard office hours from 9.00 am to 5.00 pm.

(3) The 12 hour daily spread of hours for working the 35 hour week will normally fall between 7.00 am and 7.00 pm, unless otherwise agreed. Where staff members are directed to work outside the 10.5 hour daily bandwidth applicable to them, overtime provisions shall apply.

(4) Staff members must reach agreement with their supervisor regarding hours of work, with such agreement able to include provisions to move the 10.5 hour daily bandwidth applicable to each staff member to start or finish outside the usual times of 7.00 am and 7.00 pm respectively.

(5) Agreements between staff members and supervisors will be aimed at achieving the key results for each position in compliance with the overall Landcom Strategic Plan, Business Plans and the performance criteria agreed upon for each staff member within the Landcom Performance Management System.

(6) Staff members shall record their times of attendance when working in, or from, a Landcom Office. Landcom Offices include, but are not limited to, Regional, Project, Joint Venture and Sales Offices.

(7) Staff members shall record the time spent on Landcom work when working under a Working from Home agreement.

(8) The manner of attendance and/or work recording shall be as decided by Landcom.

(9) Staff members may take a break of 10 minutes in the morning and afternoon, provided that dealings with the public are not affected, and a meal break of no less than 30 minutes must be taken no later than 5 hours after commencing continuous work.

(10) A staff member may be required to perform duty beyond the hours determined under this clause but only if it is reasonable for the staff member to be required to do so. A staff member may refuse to work additional hours in circumstances where the working of such hours would result in the staff member working unreasonable hours. In determining what is unreasonable the following factors shall be taken into account:

(a) the staff member’s prior commitments outside the workplace, particularly the staff member’s family and carer responsibilities, community obligations or study arrangements,

(b) any risk to staff member health and safety,

(c) the urgency of the work required to be performed during additional hours, the impact on the operational commitments of Landcom and the effect on client services,

(d) the notice (if any) given by Landcom regarding the working of the additional hours, and by the staff member of their intention to refuse the working of additional hours, or

(e) any other relevant matter.

10. Agreed Absences

(1) All staff members covered by this Award shall be entitled to one paid day off per calendar month (except those staff members working standard hours).

(2) Each staff member and their supervisor shall agree on the day the staff member is to be absent from work pursuant to this clause.

(3) To meet Landcom business requirements, a paid day off may be postponed for one or more months. The taking of postponed paid days off is a matter for local arrangement between the staff member and their supervisor.

(4) Subject to agreement between the staff member and their supervisor, up to five paid days off may be conserved by a staff member each calendar year, subject to the following conditions:

(a) the conserved paid days off may be taken during the calendar year, subject to arrangement with the supervisor; or

(b) up to five paid days off may be "cashed in" during the calendar year at the staff member’s option at the staff member’s ordinary salary rate; or

(5) Conserved paid days off in excess of five will be forfeit.

(6) More flexible and/or advantageous arrangements for the taking of paid days off, beyond the limit of twelve days per calendar year imposed by this clause, may be made by agreement between staff members and their supervisors.

11. Standard Hours

(1) Standard hours are set hours of work commencing at 9.00 am and concluding at 5.00 pm inclusive of one hour set aside for a meal break.

(2) The Chief Executive Officer may direct that standard hours, or restrictions to the work arrangements set out in clause 9 Hours of Work, be worked in particular circumstances. These circumstances may include, but are not limited to:

(a) where the operational requirements of Landcom, or a particular part of the Corporation, cannot accommodate the flexibilities of clause 9 Hours of Work, or

(b) remedial action in respect of a staff member is being taken where the staff member has been found to have deliberately and persistently failed to meet the requirement to work 35 hours per week or otherwise abused the work arrangements set out in clause 9 Hours of Work.

12. Part Time Staff Members

(1) Where appropriate, the provisions of clauses 9 Hours of Work, 10 Agreed Absences and 11 Standard Hours of this award shall apply to part-time staff members on a pro-rata basis.

(2) Part-time work is permanent, temporary or term employment and part-time employees work less hours than full-time employees and receive all the entitlements of full time employees on a proportional basis.

(3) Staff members may request to have applications considered to work part-time under this award.

(4) Staff members working part time must complete a part time work agreement (PTWA) with their supervisor.

(5) The PTWA must be in writing signed by the staff member and the supervisor and must include:

(a) the hours and days to be worked;

(b) the starting and finishing times of each work day, if a Standard Hours arrangement is to be worked;

(d) the right (if any) for the staff member to return to full time work.

(6) The maximum number of weekly hours under the PTWA must be less than the full-time requirement of 35 hours per week in this award.

(7) The part-time staff member must be paid the same ordinary hourly rate as similarly classified full-time staff member under this award.

(8) Hours worked that fall outside the ordinary daily hours agreed to, shall be paid at the ordinary time rate, unless such hours would attract payment at overtime rates for a full-time staff member.

(9) A PTWA can be changed by making a new written agreement between the staff member and supervisor.

13. Filling Positions

(1) The Chief Executive Officer shall determine the most appropriate method of filling vacant or temporarily created positions in Landcom that best meets the requirements of the Corporation. Positions may be created and filled as:

(a) Permanent: a position created on the Landcom staff establishment on a full time or part time basis.

(b) Temporary or Term: a position created on the Landcom staff establishment on a full time or part time basis as a temporary position to meet an identified need for a specified period.

(i) Temporary positions will be the same as permanent positions in terms of the operation and entitlements of this award. A temporary position may be identical to a permanent position but only required for a specified period of time to meet a Corporation business need or it may be created for the term of a specific project. At the expiration of the period, unless extended beforehand, the period of temporary employment will come to a conclusion.

(ii) Term positions will be the same as permanent positions in terms of the operation and entitlements of this award, however they do not need to be the same as a permanent position in terms of work requirements. The positions may specify certain conditions unique to the position such as the requirement to work standard hours, weekend work, complete a specific project, work in a joint venture arrangement, receive special remuneration or any other particular Corporation need. Such positions will normally be created for a specific period of time and at the expiration of the period, unless extended beforehand, the period of term employment arrangement will come to a conclusion.

(c) Casual: a position created on the Landcom staff establishment on a full time or part time basis according to the provisions of Clause 13A Casual Employment of this Award. A casual position shall be filled by a staff member employed to undertake work on an hourly basis to carry out work that is irregular, intermittent, short term, urgent or arising from an emergency.

(2) Landcom may also fill positions by any other arrangement that meets the operational business and commercial needs of Landcom.

13A. Casual Employment

(1) Hours of Work

(a) A casual employee is engaged and paid on an hourly basis.

(b) A casual employee will be engaged or paid for a minimum of 3 consecutive hours for each day worked.

(c) A casual employee shall not work more than 8 (eight) consecutive hours per day (exclusive of meal breaks) without the payment of overtime for such time in excess of 8 hours.

(2) Rate of Pay

(a) Casual employees shall be paid the ordinary hourly rate of pay calculated by the following formula for the hours worked per day:

Annual salary divided by 26.08929 divided by ordinary fortnightly hours for the classification

(b) Casual employees shall be paid a loading on the appropriate ordinary hourly rate of pay, of:

15 percent for work performed on Mondays to Fridays (inclusive),

50 percent for work performed on Saturdays,

75 percent for work performed on Sundays,

150 percent for work performed on public holidays.

(c) Casual employees shall also receive a 1/12th of the ordinary hourly rate of pay additional payment in lieu of annual leave and annual leave loading.

(d) The loadings specified in subclause (2) (b) of this clause are in recognition of the casual nature of the employment and compensate the employee for all leave, other than annual leave, and all incidences of employment, except overtime.

(3) Overtime

(a) Casual employees shall be paid overtime for work performed in excess of 8 (eight) consecutive hours (excluding meal breaks).

(b) Overtime will be paid in accordance with the rates set in Clause 28, Rates of Payment of Overtime of this Award.

(c) Overtime payments for casual employees are based on the ordinary hourly rate plus the 15 percent loading set out in subclause (2) (b) of this Clause.

(d) The additional payment in lieu of annual leave as set out in subclause (2) (c) of this clause is not included in the hourly rate for the calculation of overtime payments for casual employees.

(4) Leave

(a) As set out in subclause (2) (c) of this clause, casual employees will be paid a 1/12th of the ordinary hourly rate of pay additional payment in lieu of annual leave.

(b) Casual employees will be entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, Section 54 Entitlement to Unpaid Parental leave, in accordance with the Industrial Relations Act 1996.

(c) Casual employees will be entitled to Long Service Leave in accordance with the provisions of the Long Service Leave Act 1955.

(d) Casual employees are not entitled to any other paid or unpaid leave.

(5) Application of other Clauses of this Award to Casual Employees

The following clauses of this Award do not apply to casual employees:

9 Hours of Work

10 Agreed Absences

11 Standard Hours

16 Salary Sacrifice and Packaging for other than superannuation contributions

20 Excess Travelling Time

23 Overseas Travel

27 Overtime

29 (3) and (4) concerning Recall to Duty and On call (Standby)

31 Compensation for Directed Overtime

33 to 49 (inclusively) relating to various leave provisions

50 Exchanges

51 Relocation Package

52 Termination of Employment

53 Working from Home

55 Management of Displaced Staff Members

57 Performance Management

58 Unsatisfactory Performance or Misconduct

60 Association Activities

61 Access to Facilities

66 Public Holidays

14. Recruitment and Selection

(1) Filling Vacancies

(a) Where a position becomes vacant, Landcom will advertise and fill the position through a process of merit selection.

(b) The Chief Executive Officer may dispense with the requirement to advertise a vacancy if an appointment can be made from eligible staff within the Corporation.

(c) Unless otherwise determined by the Chief Executive Officer, a selection committee shall be established to assess the merit of applicants for appointment to a vacant position and to make recommendations to the Chief Executive Officer on the most meritorious applicant.

(d) Nothing in paragraph (c) requires the Chief Executive Officer to adopt any recommendation made by the selection committee in relation to the filling of a vacancy.

(e) Prior to a staff member commencing duty with Landcom, written certification concerning the state of health of the staff member must be completed, by the staff member, to the satisfaction of the Chief Executive Officer.

(2) Eligibility Lists

(a) Where interviews have been held for a vacant position, the selection committee will establish an eligibility list of candidates ranked in order of merit, who if it were not for the selected candidate, would be recommended for the position.

(b) The eligibility list is effective for up to six months from the date of approval in respect of the advertised vacancy and may be used to fill identical or similar vacant positions not mentioned in the original advertisement.

(c) The Chief Executive Officer may elect to use an eligibility list to fill a position, require a new selection process to be undertaken, or take any other administrative action in relation to a vacancy.

(3) Appointment and Rates Of Pay

(a) The Chief Executive Officer may appoint a successful applicant to any salary within a salary Level in the Landcom (Salaries 2002) Award.

(b) In determining commencing salary regard shall be had to:

(i) the person's skills, experience and qualifications;

(ii) the rate required to attract the person; and

(iii) the remuneration of existing staff members performing similar work.

(c) A successful applicant shall receive a letter of offer of employment that will form part of the employment contract with Landcom.

(d) The letter of offer of employment shall cover such matters as commencing salary rate, any salary increments and, if applicable, probationary period, the term of employment and requirement to work standard hours for specified positions.

(4) Probation

(a) All new appointments shall serve a minimum probationary period of six months.

(b) The Chief Executive Officer may dispense with the requirement for a probationary period; extend the probation up to a maximum of two years; or annul the appointment of a person during a period of probation.

15. Job Evaluation

The Chief Executive Officer shall classify and grade positions using government accredited job evaluation methodology.

16. Salary Sacrifice and Packaging

(1) Salary Sacrifice - General

The Chief Executive Officer may enter into agreements with staff members for salary sacrifice for superannuation and/or other agreed benefits, including a novated leased motor vehicle, to a maximum of fifty (50) percent of the salary payable or fifty (50) percent of the current applicable superannuable salary within NSW Government policy and powers of the State Owned Corporations Act and the Landcom Corporation Act.

(2) Salary Sacrifice - Superannuation

(a) A staff member may elect, subject to the agreement of the Corporation, to sacrifice a portion of the salary payable to additional superannuation contributions in excess of contributions made by Landcom under relevant legislation. Such election must be made prior to the commencement of the period of service to which the salary payments relate. The amount of salary sacrificed for all purposes must not exceed fifty (50) percent of the salary payable or fifty (50) percent of the current applicable superannuable salary, whichever is the lesser. In this clause "superannuable salary" means the staff member’s salary as notified from time to time, to the NSW public sector superannuation trustee corporations.

(b) Where the staff member has elected to sacrifice a portion of salary to additional superannuation contributions:

(i) subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYG taxation deductions by the amount of that sacrificed portion, and

(ii) any allowance, penalty rate, payment for unused entitlements, weekly worker’s compensation or other payment, other than any payments for leave taken in service, to which a staff member is entitled under this award or any applicable award, Act or statute which is expressed to be determined by reference to a staff member’s salary, shall be calculated by reference to the salary which would have applied to the staff member in the absence of any salary sacrifice to superannuation made under this award.

(c) The staff member may elect to have the portion of salary which is sacrificed to additional superannuation contributions:

(i) Paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employee contributions, or

(ii) Subject to Landcom’s agreement, paid into a private sector complying superannuation scheme as employee superannuation contributions.

(d) Where a staff member elects to salary sacrifice in terms of subclause (iii) above, Landcom will pay the sacrificed amount into the relevant superannuation fund.

(e) Where the staff member is a member of a superannuation scheme established under:

The Police Regulation (Superannuation) Act 1906;

The Superannuation Act 1916;

The State Authorities (Superannuation) Act 1987;

The State Authorities Non-contributory Superannuation Act 1987; or

The First State Superannuation Act 1992.

Landcom must ensure that the amount of any additional employee superannuation contributions specified in subclause (i) above is included in the staff member’s superannuable salary which is notified to the NSW public sector superannuation trustee corporations.

(f) Where, prior to electing to sacrifice a portion of their salary to superannuation, a staff member had entered into an agreement with Landcom to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in sub-clause (iv) above, Landcom will continue to base contributions to that fund on the salary payable to the same extent as applied before the staff member sacrificed portion of that salary to superannuation. This subclause applies even though the superannuation contributions made by Landcom may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.

17. Payment of Expenses

(1) Landcom shall meet any expenses, including those relating to official travel and associated expenses, actually and necessarily incurred by a staff member within the guidelines set by management when undertaking approved official business (either in advance or as a reimbursement).

(2) Payment of any actual expenses shall be subject to the production of receipts, unless the Chief Executive Officer is prepared to accept other evidence from the staff member. As applicable, receipts shall be produced in accordance with Australian Tax Office requirements

18. Higher Duties Allowance

Staff members directed to perform the duties of a higher position shall be paid an allowance as determined by the Chief Executive Officer in accordance with the Landcom Higher Duties Allowance Policy.

19. Allowances - General

The allowances payable under this award will be reviewed and updated as required on variation of the comparable allowances in the Crown Employees (Public Service Conditions of Employment 2002) Award.

20. Excess Travelling Time

(1) A staff member directed by the Chief Executive Officer to travel on official business outside the usual hours of duty is entitled to be compensated for such time either by:

(a) payment calculated in accordance with the provisions contained in this clause; or

(b) if it is operationally convenient, by taking equivalent time off in lieu to be granted for excess time spent in travelling on official business.

(2) Compensation under paragraphs (a) or (b) of subclause (1) of this clause, shall be made, subject to the following conditions:

(a) excess travelling time on a non-working day shall be all time spent travelling on official business;

(b) excess travelling time on a working day shall be, subject to the provisions of subclause (5) of this subclause, all additional time spent travelling before or after the staff member’s normal hours of duty.

(3) No compensation for travelling time shall be given in respect of travel between 11.00 pm on any one day and 7.30 am on the following day, where the staff member has travelled overnight and sleeping facilities have been provided for the staff member.

(4) Compensation for travelling time shall be granted only in respect of the time that might reasonably have been taken by the use of the most practical and economic means of transport.

(5) Travelling time shall not include the time:

(a) normally taken for the periodic journey from home to headquarters and return;

(b) on permanent transfer, if special leave has been granted for the day or days on which travel is to be undertaken;

(d) spent travelling overseas on official business.

(6) Waiting Time

When a staff member is required to wait for transport in order to commence a journey to another location or to return to headquarters and such time is outside the normal hours of duty, such waiting time shall be treated and compensated in the same manner as excess travelling time.

(7) Payment

(a) Payment for travelling time calculated in terms of this clause shall be at the staff member’s ordinary rate of pay on an hourly basis calculated as follows:

Annual salary	x	5	x	1
1		260.89		Normal hours of work

(b) The rate of payment for travel or waiting time on a non-working day shall be the same as that applying to a working day.

(c) Staff members whose salary, pursuant to the Landcom (Salaries 2004) Award, is in excess of the rate for Landcom Officer, Level 4 Salary Point 12 shall be paid travelling time or waiting time calculated at the rate for Landcom Officer, Level 4 Salary Point 12 plus $1.00 per annum, as adjusted from time to time.

(d) Time off in lieu or payment for excess travelling time or waiting time will not granted or made for more than eight hours in any period of 24 consecutive hours.

21. Meal Allowances

(1) A staff member who is required to travel to perform duty at a location other than their normal headquarters shall be paid for actual expenses properly and reasonably incurred in accordance with Landcom guidelines for:

breakfast when required to commence travel at or before 6.00 am; and/or

an evening meal when required to travel until or beyond 6.30 pm.

In such instances, the staff member shall be paid the amount equivalent to the expense incurred or the allowance specified for breakfast or an evening meal at Item 1 of the Monetary Rates Table of this award, whichever is the lesser.

(2) A staff member who is required to travel to perform duty at a location other than their normal headquarters shall be paid for actual additional expenses properly and reasonably incurred in accordance with Landcom guidelines for:

lunch, when unable to take lunch at the place at which, or the manner in which, the staff member ordinarily takes lunch and, as a result, incurs additional expense for lunch.

In such instances, the staff member shall be paid the amount equivalent to the additional expense incurred or the allowance specified for lunch at Item 1 of the Monetary Rates Table of this award, whichever is the lesser.

22. Use of Private Motor Vehicles

(1) The Chief Executive Officer may authorise a staff member to use a private motor vehicle for work where:

(a) such use will result in greater efficiency or involve the Corporation in less expense than if travel were undertaken by other means; or

(b) where the staff member is unable to use other means of transport due to a disability.

As defined in clause 5 Definitions of this award, there shall be different classes of allowance payable for the use of a private motor vehicle for work. The appropriate rate of allowance shall be paid depending on the circumstances and the purpose for which the vehicle is used.

(2) The staff member must have in force in respect of a motor vehicle used for work, in addition to any policy required to be effected or maintained under the Motor Vehicles (Third Party Insurance) Act, 1942, a comprehensive motor vehicle insurance policy to an amount and in a form approved by the Chief Executive Officer.

(3) A staff member who, with the approval of the Chief Executive Officer, uses a private motor vehicle for work shall be paid an appropriate rate of allowance specified at Item 2 of the Monetary Rates Table of this award for the use of such private motor vehicle.

(4) Where a private vehicle is damaged while being used for work any normal excess insurance charges prescribed by the insurer shall be reimbursed by the Corporation, provided:

(a) the damage is not due to gross negligence by the staff member; and

(b) the charges claimed by the staff member are not the charges prescribed by the insurer as punitive excess charges.

(5) Provided the damage is not the fault of the staff member, the Corporation shall reimburse to a staff member the costs of repairs to a broken windscreen, if the staff member can demonstrate that:

(a) the damage was sustained on approved work activities; and

(b) the costs cannot be met under the insurance policy due to excess clauses.

(6) Except as otherwise specified in this award, a staff member shall bear the cost of ordinary daily travel by private motor vehicle between the staff member’s residence and headquarters.

23. Overseas Travel

Unless the Chief Executive Officer determines that a staff member shall be paid travelling rates especially determined for the occasion, a staff member who is required by the Corporation to travel overseas on official business, shall be paid the travelling rates determined by the Australian Public Service and published by the Australian Government Publishing Service from time to time.

24. First Aid Allowance

(1) A staff member appointed as a First Aid Officer shall be paid a first aid allowance at the rate appropriate to the qualifications held by such staff member as specified at Item 3 of the Monetary Rates Table of this award.

(2) The First Aid Allowance shall not be paid during long service leave or any other continuous period of leave that exceeds four weeks.

(3) When the First Aid Officer is absent on leave for one week or more and another qualified staff member is selected to relieve in the First Aid Officer’s position, such staff member shall be paid a first aid allowance for assuming the duties of a First Aid Officer.

24A. Weekend and Public Holiday Allowance

(1) The State Sales Manager and Sales Representatives working three out of four weekends, on average, shall be entitled to an allowance as specified at Item 7 of the Monetary Rates Table of this award as compensation for weekend work, public holidays, out of hours duty, being on call, and duty undertaken after being "called" for duty.

(2) The Sales Information Officers working two out of four weekends, on average, shall be entitled to an allowance as specified at Item 7 of the Monetary Rates Table of this award as compensation for weekend work, public holidays, out of hours duty, being on call, and duty undertaken after being "called" for duty.

(3) The annual allowance is an all inclusive addition to salary which represents compensation for all incidences of employment.

(4) Notwithstanding provisions contained elsewhere in this Award, the State Sales Manager and Sales Representatives shall be paid at the appropriate "casual rate" when using private motor vehicles for work.

25. Uniforms, Protective Clothing and Their Maintenance

(1) A staff member who is required and authorised by the Chief Executive Officer to wear a uniform, protective clothing or other specialised clothing in connection with the performance of official duties shall be provided by the Corporation with such clothing.

(2) Where the approved uniform, protective clothing or other specialised clothing is provided by the staff member, such staff member shall be reimbursed the cost of the uniform, protective clothing or other specialised clothing in accordance with Landcom guidelines.

(a) Staff members shall be paid for actual expenses properly and reasonably incurred in accordance with Landcom guidelines for laundering and maintaining uniforms or protective clothing.

26. Compensation for Damage to Or Loss of Private Property

(1) Where damage to, or loss of, a staff member’s private property occurs in the course of employment, a claim may be lodged under the Workers Compensation Act, 1987 and/or under any insurance policy of the Corporation covering the damage to or loss of the personal property of the staff member.

(2) If a claim under subclause (1) of this clause is rejected by the insurer, the Chief Executive Officer may compensate a staff member for the damage to, or loss of, private property, if such damage or loss:

(a) is due to the negligence of the Corporation, another staff member, or both, in the performance of their duties; or

(b) is caused by a defect in a staff member’s material or equipment; or

(3) Compensation in terms of subclause (2) of this clause shall be limited to the amount necessary to repair the damaged item.

(4) Where the item cannot be repaired or is lost, the Chief Executive Officer may pay the cost of a replacement item, provided the item is identical to, or only marginally different from, the damaged or lost item and the claim is supported by satisfactory evidence as to the price of the replacement item.

(5) For the purpose of this clause, personal property means a staff member’s clothes, spectacles, hearing aid, tools of trade or similar items that are ordinarily required for the performance of the staff member’s duties.

(6) Compensation for the damage sustained shall be made by the Corporation where, in the course of work, clothing or items such as spectacles and hearing aids are damaged or destroyed by natural disasters or by theft or vandalism.

27. Overtime

(1) General

(a) A staff member may be directed to work overtime, provided it is reasonable for the staff member to be required to do so. A staff member may refuse to work overtime in circumstances where the working of such overtime would result in the staff member working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:

(i) the staff member’s prior commitments outside the workplace, particularly the staff member’s family and carer responsibilities, community obligations or study arrangements,

(ii) any risk to staff member health and safety,

(iii) the urgency of the work required to be performed during overtime, the impact on the operational commitments of Landcom and the effect on client services,

(iv) the notice (if any) given by Landcom regarding the working of the overtime, and by the staff member of their intention to refuse overtime, or

(v) any other relevant matter.

(b) Payment for overtime shall be made only where the staff member works directed overtime.

Outside the 10.5 hour daily bandwidth applicable to a staff member working pursuant to the provisions of clause 9 Hours of Work, whether before or after the commencing and finishing times of the daily bandwidth; and/or

Outside the set hours of work applicable to a staff member working pursuant to the provisions of clause 11 Standard Hours, whether before or after the commencing and finishing times of the set hours; and/or

on a Saturday, Sunday or Public Holiday.

(2) Application

The provisions of this clause shall not apply to:

(a) staff members covered by formal local arrangements in respect of overtime negotiated between the Chief Executive Officer and the Association; or

(b) staff members whose salary includes compensation for overtime; or

28. Rates for Payment of Overtime

(1) On weekdays (Monday to Friday inclusive) directed overtime is paid at the rate of time and one-half for the first two hours and at the rate of double time thereafter, unless local arrangements negotiated in terms of the Local Arrangements clause of this award apply.

(2) On Saturdays directed overtime is paid at the rate of time and one-half for the first two hours and at the rate of double time thereafter.

(3) On Sundays directed overtime is paid at the rate of double time.

(4) On Public holidays directed overtime is paid at the rate of double time and one half.

(5) If a staff member is absent from duty on any working day during any week in which overtime has been worked the time so lost may be deducted from the total amount of overtime worked during the week unless the staff member has been granted leave of absence or the absence has been caused by circumstances beyond the staff member’s control.

(6) A staff member who works directed overtime on a Saturday, Sunday or public holiday, shall be paid a minimum payment as for three (3) hours work at the appropriate rate.

(7) Limit on amount of overtime paid to staff members

A staff member whose salary, pursuant to the Landcom (Salaries 2004) Award, or salary and allowance in the nature of salary, exceeds the annual salary for a Landcom Officer Level 5, Salary Point 15, as varied from time to time, plus $1.00, shall be paid for working directed overtime at the rate for Landcom Officer Level 5, Salary Point 15, as varied from time to time, plus $1.00.

(8) Calculation of Overtime

(a) Overtime shall not be paid if the total period of overtime worked is less than a quarter of an hour.

(b) The formula for the calculation of overtime at ordinary rates for staff members employed on a five (5) day basis shall be:

Annual salary	x	5	x	1
1		260.89		No of ordinary hours of work per week

(c) To determine time and one half, double time or double time and one half, the hourly rate at ordinary time shall be multiplied by 1.5, 2 or 2.5, respectively, calculated to the nearest cent.

(d) Overtime is not payable for time spent travelling.

29. Rest Periods

(1) A staff member who works overtime shall be entitled to be absent until eight (8) consecutive hours have elapsed.

(2) Where a staff member, at the direction of Landcom, resumes or continues work without having had eight (8) consecutive hours off duty then such staff member shall be paid at the appropriate overtime rate until released from duty. The staff member shall then be entitled to eight (8) consecutive hours off duty and shall be paid for the ordinary working time occurring during the absence.

(3) Recall to Duty

(a) A staff member recalled to work overtime after leaving the premises of Landcom shall be paid for a minimum of three (3) hours work at the appropriate overtime rates.

(b) The staff member shall not be required to work the full three (3) hours if the job can be completed within a shorter period.

(c) When a staff member returns to the place of work on a number of occasions in the same day and the first or subsequent minimum pay period overlap into the next call out period, payment shall be calculated from the commencement of the first recall until either the end of duty or three (3) hours from the commencement of the last recall, whichever is the greater. Such time shall be calculated as one continuous period.

(d) When a staff member returns to the place of work on a second or subsequent occasion and a period of three (3) hours has elapsed since the staff member was last recalled, overtime shall only be paid for the actual time worked in the first and subsequent periods with the minimum payment provision only being applied to the last recall on the day.

(e) A recall to duty commences when the staff member starts work and terminates when the work is completed. A recall to duty does not include time spent travelling to and from the place at which work is to be undertaken.

(f) A staff member recalled to duty within three (3) hours of the commencement of usual hours of duty shall be paid at the appropriate overtime rate from the time of recall to the time of commencement of such normal work.

(g) This subclause shall not apply in cases where it is customary for a staff member to return to the Corporation’s premises to perform a specific job outside the staff member’s ordinary hours of duty, or where overtime is continuous with the completion or commencement of ordinary hours of duty. Overtime worked in these circumstances shall not attract the minimum payment of three (3) hours unless the actual time worked is three (3) or more hours.

(4) On call (Standby)

A staff member shall be paid the on call allowance as specified at Item 4 of the Monetary Rates Table of this award when directed by the Corporation to be on call outside the staff member's working hours pursuant to the provisions of clauses 9 Hours of Work and 11 Standard Hours of this award.

30. Meal Breaks

(1) Staff members working pursuant to the provisions of clause 11 Standard Hours of this award and who are required to work overtime on weekdays for an hour and a half or more after the staff member’s standard hours of duty, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every further five hours of overtime worked.

(2) Staff members working pursuant to the provisions of clause 9 Hours of Work of this award and who are required to work overtime on weekdays beyond the conclusion of the daily bandwidth applicable to them, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every further five hours of overtime worked.

(3) Any staff member required to work overtime on a Saturday, Sunday or Public Holiday, shall be allowed 30 minutes for a meal after every five hours of overtime worked. A staff member who is unable to take a meal break and who works for more than five hours shall be given a meal break at the earliest opportunity.

(4) Meal Allowances

(a) If an adequate meal was not provided by the Corporation, a meal allowance shall be paid by the Corporation for meals taken during the meal breaks available pursuant to this award, provided the Chief Executive Officer is satisfied that:

(i) the time worked is directed overtime;

(ii) the staff member properly and reasonably incurred expenditure in obtaining the meal in respect of which the allowance is sought;

(iii) where the staff member was able to cease duty for at least 30 minutes before or during the working of overtime to take the meal, the staff member did so; and

(iv) overtime is not being paid in respect of the time taken for a meal break.

(b) The amount of the meal allowance shall be at the rate specified at Item 5 of the Monetary Rates Table of this award.

(d) Where a meal allowance payable under this clause is insufficient to reimburse the staff member the cost of a meal, properly and reasonably incurred, the Chief Executive Officer shall approve payment of the actual expenses incurred.

(e) Receipts shall be provided to the Chief Executive Officer in support of any claims for additional expenses or when the staff member is required to substantiate the claim.

(f) Notwithstanding the above provisions, nothing in this clause shall prevent the Chief Executive Officer and the Association from negotiating different meal provisions under a local arrangement.

31. Compensation for Directed Overtime

(1) The Chief Executive Officer shall grant compensation for directed overtime worked either by payment at the appropriate rate or, if the staff member so elects, by the grant of leave in lieu in accordance this clause.

(2) Leave in Lieu of Payment

(a) A staff member who works directed overtime may elect to take leave in lieu of payment for all or part of the entitlement in respect of directed overtime worked.

(b) The following conditions shall apply to the leave in lieu:

(i) the staff member shall advise the supervisor before the overtime is worked, or as soon as practicable on completion of overtime, that the staff member intends to take leave in lieu of payment;

(ii) the leave in lieu shall be calculated at the same rate as would have applied to the payment of overtime in terms of clause 30 Rates of Pay of Overtime of this award.

(iii) the leave in lieu must be taken at the convenience of the Corporation, except when leave in lieu is being taken to look after a sick family member;

(iv) the leave in lieu shall be taken in multiples of a quarter day;

(v) leave in lieu accrued in respect of overtime worked on days other than public holidays, shall be given by the Corporation and taken by the staff member within three months of accrual unless alternate local arrangements have been negotiated between the Chief Executive Officer and the Association;

(vi) at the staff member’s election, leave in lieu accrued in respect of overtime worked on a public holiday may be added to the staff member’s annual leave credits and may be taken in conjunction with annual leave; and

(vii) a staff member shall be paid for the balance of any overtime entitlement not taken as leave in lieu.

32. Provision of Transport

Where overtime is required to be performed, it should be arranged, as far as is reasonably possible, so that staff members can use public transport or other normal means of transport to and from work.

For the purpose of this clause, departure or arrival after 8.00 pm will determine whether the provisions of this clause apply.

Departure or arrival after 8.00 pm of a staff member on overtime or a regular or rotating shift roster, does not in itself warrant the provision of transport. It needs to be demonstrated that the normal means of transport, public or otherwise, is not reasonably available and/or that travel by such means of transport places the safety of the staff member at risk. Where it is so demonstrated, arrangements may be made for transport home of the staff member to be provided by way of a taxi.

The responsibility of deciding whether the provision of assistance with transport is warranted in the circumstances set out above, rests with the local management of the Corporation where knowledge of each particular situation will enable appropriate judgements to be made.

33. Leave

(1) General

(a) The provisions contained in this clause apply to all staff members other than those to whom a local arrangement negotiated between the Chief Executive Officer and the Association in terms of the Local Arrangements provisions of this award.

(b) Unless otherwise specified, part-time staff members will receive the conditions of this clause on a pro rata basis, calculated according to the number of hours worked per week.

(c) A temporary or term staff member employed by the Corporation is eligible to take a period of approved leave during the current period of employment and may continue such leave during a subsequent period or periods of employment with the Corporation, if such period or periods of employment commence immediately on termination of a previous period or periods of employment.

(d) Where paid and unpaid leave available to be granted under this award are combined, paid leave shall be taken before unpaid leave.

(2) Absence from Work

(a) A staff member must not be absent from work unless reasonable cause is shown.

(b) If a staff member is to be absent from duty because of illness or other emergency, the staff member shall notify, or arrange for another person to notify, the supervisor as soon as possible of the staff member’s absence and the reason for the absence.

(c) If a satisfactory explanation for the absence is not provided, the staff member will be regarded as absent from duty without authorised leave and the Chief Executive Officer shall cause to be deducted from the pay of the staff member the amount equivalent to the period of the absence.

(d) The minimum period of leave available to be granted shall be a quarter day, unless local arrangements negotiated in the workplace allow for a lesser period to be taken.

(e) Nothing in this clause affects any proceedings for a breach of discipline against a staff member who is absent from duty without authorised leave.

(3) Application for Leave

(a) An application by a staff member for leave under this award shall be made to, and dealt with by, the Chief Executive Officer.

(b) Where the operational requirements of the Corporation permit, an application for leave shall be dealt with by the Chief Executive Officer according to the wishes of the staff member.

34. Annual Leave

(1) Paid annual leave for full time staff members accrues at the rate of 20 working days per year and accrues from day to day.

(2) Staff members working part time shall accrue paid annual leave on a pro rata basis, which will be determined on the average weekly hours worked per leave year.

(3) The Chief Executive Officer will inform a staff member in writing on a regular basis of the staff member’s annual leave accrual.

(4) Limits on Accumulation and Direction to Take Leave

(a) At least two (2) consecutive weeks of annual leave (or a combination of annual leave and public holidays, agreed absences, long service leave or, if the staff member elects, leave without pay) shall be taken by a staff member every 12 months for recreation purposes, except by agreement with the Chief Executive Officer in special circumstances.

(b) After taking into account the wishes of the staff member, the Chief Executive Officer may direct such staff member to take accrued annual leave at a time convenient to the Corporation.

(c) The Chief Executive Officer shall notify the staff member in writing when accrued annual leave reaches 6 weeks, or its hourly equivalent, and at the same time, may direct a staff member to take at least 2 weeks annual leave within 3 months of the notification. Such leave is to be taken at a time convenient to the Corporation.

(d) The Chief Executive Officer shall notify the staff member in writing when accrued annual leave reaches 8 weeks, or its hourly equivalent, and direct the staff member to take at least 2 weeks annual leave within 6 weeks of the notification. Such leave is to be taken at a time convenient to the Corporation.

(5) Conservation of Leave

If the Chief Executive Officer is satisfied that a staff member is prevented by operational or personal reasons from taking sufficient annual leave to reduce the accrued leave below an acceptable level of between 4 and 6 weeks, or its hourly equivalent, the Chief Executive Officer shall:

(a) specify in writing the period of time during which the annual leave in excess of 6 weeks shall be conserved; and

(b) on the expiration of the period during which conservation of leave applies, grant sufficient leave to the staff member at a mutually convenient time to enable the accrued leave to be reduced to an acceptable level below the 6 weeks limit.

(6) Miscellaneous

(a) Unless a local arrangement has been negotiated between the Chief Executive Officer and the Association, annual leave is not to be granted for a period less than a quarter day or in other than multiples of a quarter day.

(b) Annual leave for which a staff member is eligible on cessation of employment is to be calculated to a quarter day (fractions less than a quarter being rounded up).

(c) Annual leave does not accrue to a staff member in respect of any period of absence from duty without leave or without pay, except as specified in paragraph (d) of this subclause.

(d) Annual leave accrues during any period of leave without pay granted on account of incapacity for which compensation has been authorised to be paid under the Workers’ Compensation Act 1987; or any period of sick leave without pay or any other approved leave without pay, not exceeding 5 full time working days, or their part time equivalent, in any period of 12 months.

(e) The proportionate deduction to be made in respect of the accrual of annual leave on account of any period of absence referred to in paragraph (d) of this subclause shall be calculated to a quarter day (fractions less than a quarter being rounded down).

(f) Annual leave accrues at half the normal accrual rate during periods of long service leave on half pay.

(g) On cessation of employment, a staff member is entitled to be paid the money value of accrued annual leave which remains untaken.

(h) A staff member to whom paragraph (g) of this subclause applies may elect to take all or part of accrued annual leave which remains untaken at cessation of active duty as leave or as a lump sum payment; or as a combination of leave and lump sum payment.

(7) Death

Where a staff member dies, the monetary value of annual leave accrued and remaining untaken as at the date of death, shall be paid to the staff member’s nominated beneficiary. Where no beneficiary has been nominated, the monetary value of annual leave is to be paid as follows:

(a) to the widow or widower of the staff member; or

(b) if there is no widow or widower, to the children of the staff member or, if there is a guardian of any children entitled under this subclause, to that guardian for the children’s maintenance, education and advancement; or

(c) if there is no such widow, widower or children, to the person who, in the opinion of the Chief Executive Officer was, at the time of the staff member’s death, a dependent relative of the staff member; or

(d) if there is no person entitled under paragraphs (a) or (b) or (c) of this subclause to receive the money value of any leave not taken or not completed by a staff member or which would have accrued to the staff member, the payment shall be made to the personal representative of the staff member.

(8) Annual Leave Loading

(a) From the first pay period on or after 1 March 2002, the base salary of all positions shall increase by 1.35 per cent as compensation for the inclusion annual leave loading as an all purpose component of salary payments. This salary increase shall be made in lieu of separately payable annual leave loading.

(b) Accrued Annual Leave Loading will be fully paid, including pro-rata entitlements accrued prior to the date of effect of the Landcom (Salaries 2002) Award.

35. Sick Leave

(1) General

If the Chief Executive Officer is satisfied that a staff member is unable to perform duty because of the staff member’s illness or the illness of his/her family member, the Chief Executive Officer:

(a) shall grant to the staff member sick leave on full pay; and

(b) may grant to the staff member, sick leave without pay if the absence of the staff member exceeds the entitlement of the staff member under this clause to sick leave on full pay.

(2) Entitlements

(a) Sick leave on full pay accrues to a staff member at the rate of 15 days each calendar year. Any leave accrued and not utilised accumulates.

(b) Sick leave on full pay accrues at the beginning of the calendar year. If a staff member is appointed after 1 January, sick leave on full pay accrues on a proportionate basis for the year in which employment commences.

(c) All continuous service as a staff member in the NSW public service shall be taken into account for the purpose of calculating sick leave due. Where the service in the NSW public service is not continuous, previous periods of public service shall be taken into account for the purpose of calculating sick leave due if the previous sick leave records are available.

(d) Notwithstanding the provisions of paragraph (c) of this subclause, sick leave accrued and not taken in the service of a public sector employer may be accessed in terms of the Public Sector Staff Mobility Policy.

(e) Sick leave without pay shall count as service for the accrual of recreation leave and paid sick leave. In all other respects sick leave without pay shall be treated in the same manner as leave without pay.

(f) When determining the amount of sick leave accrued, sick leave granted on less than full pay, shall be converted to its full pay equivalent.

(g) Paid sick leave shall not be granted during a period of unpaid leave.

(3) Payment During the Initial 3 Months of Service

Paid sick leave which may be granted to a staff member, other than a relief staff member, in the first 3 months of service shall be limited to 5 days’ paid sick leave, unless the Chief Executive Officer approves otherwise. Paid sick leave in excess of 5 days granted in the first 3 months of service shall be supported by a satisfactory medical certificate.

(4) Seasonal or Relief Staff

No paid sick leave shall be granted to temporary staff members who are employed as relief staff for a period of less than 3 months.

36. Sick Leave - Workers’ Compensation

(1) The Chief Executive Officer shall advise each staff member of the rights under the Workers’ Compensation Act 1987, as amended from time to time, and shall give such assistance and advice, as necessary, in the lodging of any claim.

(2) A staff member who is or becomes unable to attend for duty or to continue on duty in circumstances which may give the staff member a right to claim compensation under the Workers’ Compensation Act 1987, shall be required to lodge a claim for any such compensation.

(3) Where, due to the illness or injury, the staff member is unable to lodge such a claim in person, the Chief Executive Officer shall assist the staff member or the representative of the staff member, as required, to lodge a claim for any such compensation.

(4) The Chief Executive Officer will ensure that, once received by the Corporation, a staff member’s worker’s compensation claim is lodged by the Corporation with the workers’ compensation insurer within the statutory period prescribed in the Workers’ Compensation Act 1987.

(5) Pending the determination of that claim, and on production of an acceptable medical certificate, the Chief Executive Officer shall grant sick leave on full pay for which the staff member is eligible followed, if necessary, by sick leave without pay or, at the staff member’s election, by accrued recreation leave or extended leave.

(6) If liability for the workers compensation claim is accepted, then an equivalent period of any sick leave taken by the staff member pending acceptance of the claim shall be restored to the credit of the staff member.

(7) A staff member who continues to receive compensation after the completion of the period of 26 weeks referred to in section 36 of the Workers Compensation Act 1987 may use any accrued and untaken sick leave to make up the difference between the amount of compensation payable under that Act and the staff member’s ordinary rate of pay. Sick leave utilised in this way shall be debited against the staff member.

(8) If a staff member notifies the Chief Executive Officer that he or she does not intend to make a claim for any such compensation, the Chief Executive Officer shall consider the reasons for the staff member’s decision and shall determine whether, in the circumstances, it is appropriate to grant sick leave in respect of any such absence.

(9) A staff member may be required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act. If a staff member refuses to submit to a medical examination without an acceptable reason, the staff member shall not be granted available sick leave on full pay until the examination has occurred and a medical certificate is issued indicating that the staff member is not fit to resume employment.

(10) If the Chief Executive Officer provides the staff member with employment which meets the terms and conditions specified in the medical certificate issued under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 and, without good reason, the staff member fails to resume or perform such duties, the staff member shall be ineligible for all payments in accordance with this clause from the date of the refusal or failure.

(11) No further sick leave shall be granted on full pay if there is a commutation of weekly payments of compensation by the payment of a lump sum pursuant to section 51 of the Workers Compensation Act 1987.

(12) Nothing in this clause prevents a staff member from appealing a decision or taking action under other legislation made in respect of:

(a) the staff member’s claim for workers’ compensation;

(b) the conduct of a medical examination by a Government or other Medical Officer;

(d) action taken by the Chief Executive Officer either under the Workers’ Compensation Act 1987 or any other relevant legislation in relation to a claim for workers’ compensation, medical examination or medical certificate.

37. Sick Leave - Other Than Workers’ Compensation

(1) If the circumstances of any injury to or illness of a staff member give rise to a claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987, sick leave on full pay may, subject to and in accordance with this clause, be granted to the staff member on completion of an acceptable undertaking that:

(a) any such claim, if made, will include a claim for the value of any period of paid sick leave granted by the Corporation to the staff member; and

(b) in the event that the staff member receives or recovers damages or compensation pursuant to that claim for loss of salary or wages during any such period of sick leave, the staff member will repay to the Corporation the monetary value of any such period of sick leave.

(2) Sick leave on full pay shall not be granted to a staff member who refuses or fails to complete an undertaking, except in cases where the Chief Executive Officer is satisfied that the refusal or failure is unavoidable.

(3) On repayment to the Corporation of the monetary value of sick leave granted to the staff member, sick leave equivalent to that repayment and calculated at the staff member’s ordinary rate of pay, shall be restored to the credit of the staff member.

38. Sick Leave - Requirements for Medical Certificate

(1) A staff member absent from duty for more than 3 consecutive working days because of illness must furnish a medical certificate to the Chief Executive Officer in respect of the absence.

(2) A staff member shall be put on notice in advance if required by the Chief Executive Officer to furnish a medical certificate in respect of an absence from duty for 3 consecutive working days or less because of illness.

(3) If there is any concern about the reason shown on the medical certificate, the Chief Executive Officer, after discussion with the staff member, may refer the medical certificate and the staff member’s application for leave to the Government Medical Officer for advice.

(4) The nature of the leave to be granted to a staff member shall be determined by the Chief Executive Officer on the advice of the Government Medical Officer.

(5) If sick leave applied for is not granted, the Chief Executive Officer must, as far as practicable, take into account the wishes of the staff member when determining the nature of the leave to be granted.

(6) A staff member may elect to have an application for sick leave dealt with confidentially by the Government Medical Officer in accordance with the general public service policy on confidentiality, as applies from time to time.

(7) If a staff member who is absent on annual leave or long service leave, furnishes to the Chief Executive Officer a satisfactory medical certificate in respect of an illness which occurred during the leave, the Chief Executive Officer may, subject to the provisions of this clause, grant sick leave to the staff member as follows:

(a) in respect of annual leave, the period set out in the medical certificate;

(b) in respect of long service leave, the period set out in the medical certificate if such period is 5 working days or more.

(8) Subclause (7) above applies to all staff members other than those on leave prior to resignation or termination of services, unless the resignation or termination of services amounts to a retirement.

(9) The reference in this clause to a medical certificate shall apply, as appropriate, to the certificates for the absence of up to one week provided by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or, at the Chief Executive Officer’s discretion, another registered health services provider. Where the absence exceeds one week, and unless the health provider listed above is also a registered medical practitioner, applications for any further sick leave must be supported by a medical certificate from a registered medical practitioner.

39. Sick Leave to Care for a Family Member

(1) When family and community service leave provided for in clause 43 of this award is exhausted, a staff member with responsibilities in relation to a category of person set out in subclause (4) of this clause who needs the staff member’s care and support, may elect to use available paid sick leave, subject to the conditions specified in this clause, to provide such care and support when a family member is ill.

(2) The sick leave shall initially be taken from the current leave year’s entitlement followed, if necessary, by the sick leave accumulated over the previous 3 years. In special circumstances, the Chief Executive Officer may grant additional sick leave from the sick leave accumulated during the staff member’s eligible service.

(3) If required by the Chief Executive Officer, the staff member must establish, by production of a medical certificate or statutory declaration, the illness of the person concerned.

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

(a) the staff member being responsible for the care and support of the person concerned; and

(b) the person concerned being:

(i) a spouse of the staff member; or

(ii) a de facto spouse being a person of the opposite sex to the staff member who lives with the staff member as her husband or his wife on a bona fide domestic basis although not legally married to that staff member; or

(iii) 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 staff member or of spouse or of defacto spouse of the staff member; or

(iv) a same sex partner who lives with the staff member as the defacto partner of that staff member on a bona fide domestic basis; or a relative of the staff member who is a member of the same household, where for the purposes of this definition:

"relative"	means a person related by blood, marriage, affinity or Aboriginal
	kinship structures;

"affinity"	means a relationship that one spouse or partner has to the relatives of
	the other; and

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

40. Maternity Leave

(1) A staff member who is pregnant shall, subject to this clause, be entitled to be granted maternity leave as follows:

(a) for a period up to 9 weeks prior to the expected date of birth; and

(b) for a further period of up to 12 months after the actual date of birth.

(2) A staff member who has been granted maternity leave may, with the permission of the Chief Executive Officer, take leave after the actual date of birth:

(a) full-time for a period of up to 12 months; or

(b) part-time for a period of up to 2 years; or

(3) A staff member who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.

(4) A staff member who resumes duty before her child’s first birthday or on the expiration of 12 months from the date of birth of her child shall be entitled to resume duty in the position occupied by her immediately before the commencement of maternity leave, if the position still exists.

(5) If the position occupied by the staff member immediately prior to maternity leave has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed to a position of the same grade and classification as the staff member’s former position.

(6) A staff member who:

(a) applied for maternity leave within the time and in the manner determined by the Chief Executive Officer; and

(b) prior to the expected date of birth, completed not less than 40 weeks’ continuous service,

shall be paid at her ordinary rate of pay for a period not exceeding 14 weeks at full pay or 28 weeks at half pay or the period of maternity leave taken, whichever is the lesser period.

(7) Except as provided in this clause, maternity leave shall be granted without pay.

41. Parental Leave

(1) Parental leave is available to a staff member who applies for leave to look after their child or children. Parental leave applies as follows:

(a) short parental leave is an unbroken period of up to one week on full pay or two weeks on half pay at the time of the birth of the child or other termination of the spouse’s or partner’s pregnancy, or in the case of adoption, from the date of taking custody of the child or children;

(b) extended parental leave is for a period not exceeding 12 months, less any short parental leave already taken by the staff member as provided for in this subclause.

(2) Extended parental leave may commence at any time up to 2 years from the date of birth of the child or the taking of custody of the child.

(3) A staff member who has been granted parental leave may, with the permission of the Chief Executive Officer, take such leave:

(a) full-time for a period not exceeding 12 months; or

(b) part-time over a period not exceeding 2 years; or

(4) A staff member who resumes duty immediately on the expiration of parental leave shall:

(a) if the position occupied by the staff member immediately before the commencement of that leave still exists, be entitled to be placed in that position; or

(b) if the position occupied by the staff member has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed, to a position of the same grade and classification as the staff member’s former position.

(5) Parental leave shall be granted without pay other than in the circumstances set out at subclauses (1) (a) and (6) of this clause, unless the staff member elects to take accrued recreation or extended leave in respect of some or all of the period of parental leave.

(6) A staff member who:

(d) prior to the expected date of birth or taking of custody, completed not less than 40 weeks’ continuous service,

shall be paid the ordinary rate of pay for a period not exceeding 1 week at full pay or 2 weeks at half pay or the period of parental leave taken, whichever is the lesser period.

42. Adoption Leave

(1) A staff member adopting a child and who will be the primary care giver shall be entitled to be granted adoption leave:

(a) for a period of up to 12 months if the child has not commenced school at the date of the taking of custody; or

(b) for such period, not exceeding 12 months on a full-time basis, as the Chief Executive Officer may determine, if the child has commenced school at the date of the taking of custody.

(2) A staff member who has been granted adoption leave may, with the permission of the Chief Executive Officer, take leave:

(a) full-time for a period not exceeding 12 months; or

(b) part-time over a period not exceeding 2 years; or

(3) Adoption leave shall commence on the date that the staff member takes custody of the child concerned, whether that date is before or after the date on which a court makes an order for the adoption of the child by the staff member.

(4) A staff member who resumes duty immediately on the expiration of adoption leave shall:

(a) if the position occupied by the staff member immediately before the commencement of that leave still exists, be entitled to be placed in that position; or

(b) if the position so occupied by the staff member has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed, to a position of the same grade and classification as the staff member’s former position.

(5) A staff member who will be the primary care giver from the date of taking custody of the adopted child shall be entitled to payment at full pay for a period of 14 weeks of adoption leave or at half pay for 28 weeks of adoption leave or the period of adoption leave taken, whichever is the lesser period if the staff member:

(a) applied for adoption leave within the time and in the manner determined by the Chief Executive Officer; and

(b) prior to the commencement of adoption leave, completed not less than 40 weeks’ continuous service.

(6) Except as provided in subclause (5) of this clause, adoption leave shall be granted without pay.

(7) Special Adoption Leave

A staff member shall be entitled to special adoption leave without pay for up to 2 days to attend interviews or examinations for the purposes of adoption. Special adoption leave may be taken as a charge against annual leave, long service leave, agreed absences or family and community service leave.

43. Family and Community Service Leave

(1) The Chief Executive Officer shall, in the case of emergencies or in personal or domestic circumstances, grant to a staff member some or all of the available family and community service leave on full pay.

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

(a) compassionate grounds such as the death or illness of a close member of the family or a member of the staff member’s household;

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

(c) emergency or weather conditions such as when flood, fire or snow threaten property and/or prevent a staff member from reporting for duty;

(d) other personal circumstances such as citizenship ceremonies, parent/teacher interviews or attending child’s school for other reasons;

(e) attendance at court by a staff member to answer a charge for a criminal offence, if the Chief Executive Officer considers the granting of family and community service leave to be appropriate in a particular case;

(f) staff members who are selected to represent Australia or the State as competitors in major amateur sport (other than Olympic or Commonwealth Games);

(g) staff who hold office in Local Government other than as a Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council, to attend meetings, conferences or other duties associated with that office where those duties necessitate absence during normal working hours

(3) The maximum amount of family and community service leave on full pay which may, subject to this award, be granted to a staff member shall be the greater of the leave provided in paragraphs (a) or (b) of this subclause.

(a) 2.5 working days in the staff member’s first year of service and, on completion of the first year’s service, 5 working days in any period of 2 years; or

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

(4) If available family and community service leave is exhausted as a result of natural disasters, the Chief Executive Officer shall consider applications for additional family and community service leave, if some other emergency arises. On the death of a person defined in subclause (4) of clause 41 Sick Leave to Care for a Family Member, additional paid family and community service leave of up to 2 days may be granted on a discrete, per occasion basis to a staff member.

(5) In cases of illness of a family member for whose care and support the staff member is responsible, paid sick leave in accordance with subclause (2) of clause 41 Sick Leave to Care for a Family Member shall be granted when paid family and community service leave has been exhausted.

44. Observance of Essential Religious Or Cultural Obligations

(1) A staff member of:

(a) any religious faith who seeks leave for the purpose of observing essential religious obligations of that faith; or

(b) any ethnic or cultural background who seeks leave for the purpose of observing any essential cultural obligations,

may be granted recreation/extended leave to credit, agreed absences or leave without pay to do so.

(2) Provided adequate notice as to the need for leave is given by the staff member to Landcom and it is operationally convenient to release the staff member from duty, the Chief Executive Officer must grant the leave applied for by the staff member in terms of this clause.

(3) A staff member of any religious faith who seeks time off during daily working hours to attend to essential religious obligations of that faith, shall be granted such time off by the Chief Executive Officer, subject to:

(a) adequate notice being given by the staff member; and

(b) prior approval being obtained by the staff member; and

(4) Notwithstanding the provisions of subclauses (1), (2) and (3) of this clause, arrangements may be negotiated between Landcom and the Association in terms the Local Arrangements clause of this award to provide greater flexibility for staff members for the observance of essential religious or cultural obligations.

45. Long Service Leave

(1) Entitlement to Long Service Leave

(a) A staff member shall be entitled to long service leave after a certain period of service. Subject to this clause, a staff member is entitled:

(i) after service for 10 years, to leave for 2 months on full pay or 4 months on half pay or 1 month on double pay, and

(ii) after service in excess of 10 years, to:

1. leave as provided by subparagraph (i), and

2. in addition, an amount of leave proportionate to the staff member's length of service after 10 years, calculated on the basis of 5 months on full pay or 10 months on half pay or 2 and one half months on double pay, for 10 years served after service for 10 years.

(b) A staff member shall be entitled to pro rata long service leave at the accrual rates set out in subclause (1) (a) (i) of this clause after service for 7 years.

(c) From 1 January 2005, a period of long service leave shall be exclusive of public holidays that fall during the period and such holidays shall be paid pursuant to the provisions of Clause 66, Public Holidays of this award and shall not be debited from a staff member’s long service leave entitlement.

(d) Long service leave taken at double pay shall be paid at full pay plus an equivalent taxable allowance, with the allowance not counting for the purposes of superannuation payments, and with 2 days of long service leave debited from a staff member’s long service leave entitlement for each day of double pay leave taken.

(e) Should a public holiday fall during a period of double pay long service leave, a day of long service leave shall be debited from a staff member’s long service leave entitlement for each such public holiday

(f) All leave entitlements that accrue whilst a staff member takes long service leave shall accrue at the full time rate whilst a staff member takes long service leave at double pay.

(g) For the purpose of calculating the entitlement of a person to long service leave under this clause at any time:

(i) service referred to in this clause includes service before the commencement of this award, and

(ii) there must be deducted from the amount of long service leave to which, but for this subparagraph, that person would be entitled:

1. any long service leave, or leave in the nature of long service leave, and

2. the equivalent, in long service leave, of any benefit instead of long service leave or leave in the nature of long service leave, taken or received by that person before that time, including any such leave taken, or benefit received, by that person in accordance with the Public Service (Amendment) Act 1919 as in force at any time, and

(iii) the provisions of the Transferred Officers Extended Leave Act 1961 have effect.

(h) Nothing in paragraph (g) shall be regarded as authorising, in respect of the same period of leave taken or the same benefit received, a deduction under both paragraph (g)(ii) and section 3(7) of the Transferred Officers Extended Leave Act 1961.

(i) If the services of a staff member with at least 5 years' service as an adult and less than 10 years' service are terminated:

(i) by the Chief Executive Officer for any reason other than the staff member's serious and intentional misconduct, or

(ii) by the staff member on account of illness, incapacity or domestic or other pressing necessity,

the staff member is entitled:

(iii) for 5 years' service, to 1 month's leave on full pay, and

(iv) for service after 5 years, to a proportionate amount of leave on full pay calculated on the basis of 3 months' leave for 15 years' service (that service to include service as an adult and otherwise than as an adult).

(j) For the purposes of paragraph (i), "service as an adult", in the case of a staff member employed to do any work for which the remuneration:

(i) has been fixed by an award of the Commonwealth:

1. made under the Conciliation and Arbitration Act 1904 of the Commonwealth, or

2. made under the Industrial Relations Act 1996, or

(ii) has been fixed by an industrial agreement or enterprise agreement made in accordance with or registered under either of those Acts or an agreement or determination made in accordance with the Public Sector Employment and Management Act 2002,

means the period of service during which the remuneration applicable to the staff member was at a rate not lower than the lowest rate fixed under the award, industrial agreement, agreement or determination for an adult male or adult female in the same trade, classification, calling, group or grade as the staff member.

(k) For the purposes of paragraph (a), service includes:

(i) service under the Teaching Services Act 1980, and

(ii) service as an administrative officer under the Police Service Act 1990, and

(iii) any period of leave without pay taken before the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963, and

(iv) in the case of a staff member who has completed at least 10 years' service - any period of leave without pay, not exceeding 6 months, taken after that commencement.

(l) For the purpose of determining whether or not a staff member has completed at least 10 years' service, the staff member's period of service shall be taken:

(i) to include any period of leave without pay taken before the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963, and

(ii) to exclude any period of leave without pay taken after that commencement.

(m) For the purposes of paragraph (i), "service" does not include any period of leave without pay whether taken before or after the commencement of the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963.

(2) Gratuity Payment

(a) A staff member who has acquired a right to long service leave with pay under this award is entitled, immediately on the termination of the staff members' services, to be paid instead of that leave the money value of the long service leave as a gratuity in addition to any gratuity to which the staff member may be otherwise entitled.

(b) Any pension to which any such staff member is entitled under the Superannuation Act 1916 commences from and including the date on which the staff members' long service leave, if taken, would have commenced.

(c) Any staff member may elect, on termination of the staff members’ services, to be paid the money value of long service leave under this clause or may elect to have the Transferred Officers Extended Leave Act 1961 apply to the periods of service for which the leave has accrued.

(3) Payment Where Eligible Staff Members have Died

(a) If an staff member has acquired a right under this award to long service leave with pay and dies before starting it, or after starting it dies before completing it:

(i) the widow or widower of the staff member, or

(ii) if there is no such widow or widower, the children of the staff member, or

(iii) if there is no such widow, widower or children, the person who, in the opinion of the Chief Executive Officer, was, at the time of the staff member's death, a dependent relative of the staff member,

is entitled to receive the money value of the leave not taken, or not completed, computed at the rate of salary that the staff member received at the time of his or her death, less any amount paid to the staff member in respect of the leave not taken, or not completed.

(b) If a staff member with at least 5 years' service as an adult and less than 10years' service as referred to in this clause dies:

(i) the widow or widower of the staff member, or

(ii) if there is no such widow or widower, the children of the staff member, or

(iii) if there is no such widow, widower or children, the person who, in the opinion of the Chief Executive Officer, was, at the time of the death of the staff member, a dependent relative of the staff member,

is entitled to receive the money value of the leave which would have accrued to the staff member had his or her services terminated as referred to in this clause, computed at the rate of salary that the staff member was receiving at the time of his or her death.

(c) If there is a guardian of any children entitled under this clause, the payment to which those children are entitled may be made to that guardian for their maintenance, education and advancement.

(d) If there is no person entitled under this clause to receive the money value of any leave not taken or not completed by a staff member or which would have accrued to a staff member, payment in respect of that leave must be made to the staff member's personal representatives.

(e) Any payment under this clause is in addition to any payment due under any Act under which superannuation benefits are paid.

(f) If payment of the money value of leave has been made under this award, the Landcom ceases to be liable for payment of any amount in respect of that leave.

(4) Long Service Leave for Temporary Employees

(a) In this clause, a reference to a staff member includes a reference to a temporary staff member.

(b) If the period of leave to which a temporary staff member is entitled under this clause exceeds the period for which the temporary staff member is employed under this award, the balance of that period of leave may be granted during subsequent periods of employment with Landcom if each subsequent period of employment commences on the termination of a previous period of employment with Landcom.

46. Leave Without Pay

(1) The Chief Executive Officer may grant leave without pay to a staff member if good and sufficient reason is shown.

(2) Leave without pay may be granted on a full-time or a part-time basis.

(3) Where a staff member is granted leave without pay for a period not exceeding 10 consecutive working days, the staff member shall be paid for any proclaimed public holidays falling during such leave without pay .

(4) Where a staff member is granted leave without pay which, when aggregated, does not exceed 5 working days in a period of twelve (12) months, such leave shall count as service for incremental progression and accrual of recreation leave.

(5) A staff member who has been granted leave without pay, shall not engage in private employment of any kind during the period of leave without pay, unless prior approval has been obtained from the Chief Executive Officer.

(6) A staff member shall not be required to exhaust accrued paid leave before proceeding on leave without pay but, if the staff member elects to combine all or part of accrued paid leave with leave without pay, the paid leave shall be taken before leave without pay.

(7) No paid leave shall be granted during a period of leave without pay.

47. Military Leave

(1) During the period of 12 months commencing on 1 July each year, the Chief Executive Officer may grant to a staff member who is a volunteer part-time member of the Defence Forces, military leave on full pay to undertake compulsory annual training and to attend schools, classes or courses of instruction conducted by the staff member’s unit.

(2) Up to 24 working days military leave per year may be granted by the Chief Executive Officer to members of the Naval and Military Reserves and up to 28 working days per year to members of the Air Force Reserve for the activities specified in subclause (1) of this clause.

(3) At the expiration of military leave, the staff member shall furnish to the Chief Executive Officer a certificate of attendance signed by the commanding officer or other responsible officer.

48. Special Leave

The Chief Executive Officer shall consider applications for special leave, and where appropriate, shall approve such leave as determined on a case by case basis.

(1) Special Leave for Jury Service

(a) A staff member shall, as soon as possible, notify the Chief Executive Officer of the details of any jury summons served on the staff member.

(b) A staff member who, during any period when required to be on duty, attends a from jury service, furnish to the Chief Executive Officer a certificate of attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendances by the staff member during any such period and the details of any payment or payments made to the staff member under section 72 of the Jury Act 1977 in respect of any such period.

(c) When a certificate of attendance on jury service is received in respect of any period during which a staff member was required to be on duty, the Chief Executive Officer shall grant, in respect of any such period for which the staff member has been paid out-of-pocket expenses only, special leave on full pay. In any other case, the Chief Executive Officer shall grant, at the sole election of the staff member, available recreation leave on full pay, agreed absences or leave without pay.

(2) Witness at Court in an Official Capacity

(a) When a staff member is subpoenaed or called as a witness in an official capacity, the staff member shall be regarded as being on duty.

(b) Salary and any expenses properly and reasonably incurred by the staff member in connection with the staff member’s appearance at Court as a witness in an official capacity shall be paid by the Corporation.

(3) Witness at Court in Other than an Official Capacity as a Crown Witness

A staff member who is subpoenaed or called as a witness by the Crown (whether in right of the Commonwealth or in right of any State or Territory of the Commonwealth) shall:

(a) be granted, for the whole of the period necessary to attend as such a witness, special leave on full pay; and

(b) pay to Landcom all money paid to the staff member under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call.

(4) Called as a Witness in a Private Capacity

A staff member who is subpoenaed or called as a witness in a private capacity shall, for the whole of the period necessary to attend as such a witness, be granted at the staff member’s election, available recreation leave on full pay or leave without pay.

(5) Examinations

(a) Special leave on full pay up to a maximum of 5 days in any one year shall be granted to staff members for the purpose of attending at any examination approved by the Chief Executive Officer.

(b) Special leave granted to attend examinations shall include leave for any necessary travel to or from the place at which the examination is held.

(6) Return Home When Temporarily Living Away from Home

(a) Sufficient special leave shall be granted to a staff member who is temporarily living away from home as a result of work requirements. Such staff member shall be granted sufficient special leave once a month, before or after a weekend or a long weekend, to return home to spend two days and two nights with the family.

(b) If the staff member wishes to return home more often, such staff member may be granted recreation leave, extended leave or agreed absence to credit or leave without pay, if the operational requirements allow.

(7) Return Home When Transferred to New Location

Special leave shall be granted to a staff member who has moved to the new location ahead of dependants, to visit such dependants, subject to the conditions specified in the Crown Employees (Transferred Officers Compensation) Award.

(8) National Aborigines and Islander Day of Commemoration Celebrations

A staff member who identifies as an Aborigine or a Torres Strait Islander may be granted up to one day’s special leave per year to enable the staff member to participate in the National Aborigines and Islander Day of Commemoration Celebrations.

(9) Other Purposes

Special leave on full pay for other purposes may be granted to staff members at the discretion of the Chief Executive Officer.

49. Staff Development, Training Activities and Study Assistance

The Chief Executive Officer shall grant or refuse applications for staff development and training and/or study time and/or any reimbursement of fees in accordance with arrangements and criteria established in the Landcom Training and Development Policy.

50. Exchanges

(1) The Chief Executive Officer may arrange staff member exchanges with other organisations both public and private, if the Corporation or the staff member will benefit from additional training and development which is intended to be used in the carrying out of the Corporation’s business.

(2) The conditions applicable to staff members who participate in exchanges will be determined by the Chief Executive Officer according to the individual circumstances in each case.

51. Relocation Package

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

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

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

52. Termination of Employment

A full time staff member shall give Landcom 10 working days notice prior to resigning from employment. A period of notice is inclusive of Public Holidays.

Notwithstanding the provisions of this clause, the Chief Executive Officer may accept a shorter period of notice or waive the requirement for a period of notice or pay out a period of notice.

The provisions of this clause apply to part time staff members on a pro-rata basis.

53. Working from Home

The Chief Executive Officer may approve applications by staff members to work from home on a temporary, fixed term, or regular basis in accordance with arrangements and criteria as established in the Landcom Working from Home Policy.

54. Private Employment

The Chief Executive Officer may approve applications by staff members to undertake private employment on a temporary, fixed term, or regular basis in accordance with arrangements and criteria as established in Landcom’s Private Employment policy.

55. Management of Displaced Staff Members

(1) Where changes in the workplace result in staff members becoming displaced, Landcom will endeavour to find a permanent placement for such staff members at Landcom.

(2) Staff members declared displaced/excess shall be entitled, as a minimum, to the entitlements set out in Premier’s Department Memoranda No. 96-5 and No. 97-27.

(3) The Chief Executive Officer may approve applications by staff members for assistance under the Landcom Job Assist Scheme in accordance with arrangements and criteria as established in Landcom’s Job Assist Scheme policy.

56. Child Care Arrangements

Landcom shall consult with the Association during the life of the award on the development of child care arrangements based on the Family Day Care Scheme.

57. Performance Management

(1) Performance Management System

(a) The Landcom Performance Management System and associated policy shall be used to identify, develop and evaluate each staff member’s work performance and development needs in relation to achieving the key results for each position in compliance with the overall Landcom Strategic Plan, Business Plans and the performance criteria agreed upon for each staff member.

(b) Formal appraisals under the Performance Management System shall also be used to assess incremental progression to the next salary point within each salary level.

(c) Incremental progression is not an automatic annual entitlement. It is subject to satisfactory performance as recommended and documented by the supervisor in accordance with the Landcom Performance Management System.

(d) The salary and performance of each staff member shall normally be reviewed annually.

(e) Supervisors may complete additional formal appraisals within this annual cycle.

(f) Where the result of the annual review shows the result of "unsatisfactory" performance, the supervisor shall take the necessary steps to address the performance problems in consultation with the staff member.

(g) If performance problems cannot be satisfactorily resolved through undertaking reasonable measures then, as a last resort, commencement of disciplinary action shall begin in accordance with clause 58, Unsatisfactory Performance or Misconduct of this award.

(2) Accelerated Progression

The Chief Executive Officer may decide on accelerated progression through the salary points within the relevant Level shown in the salaries schedule of the Landcom (Salaries 2002) Award for staff members who are formally assessed to perform at the highest of the five levels available under the Landcom Performance Management System.

58. Unsatisfactory Performance Or Misconduct

(1) The Chief Executive Officer shall deal with cases of unsatisfactory performance or misconduct in accordance with arrangements and procedures as established in the Landcom Unsatisfactory Performance or Misconduct policy.

(2) If criminal charges have been laid or a complaint made to a body such as the Independent Commission Against Corruption or the Anti-Discrimination Board, the Chief Executive Officer shall consider whether the matter should be pursued through other means.

(3) Remedies available to the Chief Executive Officer include summary dismissal for proven serious and willful misconduct.

59. Anti-Discrimination

(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.

(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.

(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.

(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.

(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.

(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 the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

60. Association Activities

(1) "On duty" Activities

An Association delegate will be released from the performance of normal Landcom duty in respect of activities specified below and will not be required to apply for leave:

(a) Attendance at meetings of the workplace’s Occupational Health and Safety Committee and participation in all official activities relating to the functions and responsibilities of elected Occupational Health and Safety Committee members at a place of work as provided for in the Occupational Health and Safety Act 2000 and the Regulations;

(b) Attendance at meetings with workplace management or workplace management representatives;

(i) meetings with management;

(ii) disciplinary or grievance meetings when a Association member requires the presence of an Association delegate; and

(iii) any other meeting with management.

by agreement with management, where operational requirements allow the taking of such time;

(d) Giving evidence in court on behalf of the employer;

(e) Appearing as a witness before the Government and Related Employees Appeal Tribunal; and

(f) Representing the Association at the Government and Related Employees Appeal Tribunal as an advocate or as a Tribunal Member.

(2) Special Leave Activities

The granting of special leave with pay will apply to the following activities undertaken by an Association delegate, as specified below:

(a) annual or biennial conferences of the Association;

(b) meetings of the Association’s Executive, Committee of Management or Councils;

(d) attendance at meetings called by the Labor Council of NSW involving the Association, which require attendance of a delegate;

(e) giving evidence before an Industrial Tribunal as a witness for the Association;

(f) reasonable travelling time to and from conferences or meetings to which the provisions of subclauses (a), (b) and (c) of this clause apply.

(3) Training Courses

(a) Accredited Occupational Health and Safety (OH&S) courses and any other accredited OH&S training for OH&S Committee members will attract the grant of special leave. The provider(s) of accredited OH&S training courses, and the conditions on which special leave for such courses will be granted, shall be negotiated between the Chief Executive Officer and the Association under a local arrangement pursuant to the Local Arrangements Clause in this award.

(b) Special leave will be granted Association members for attendance at courses organised and conducted by the Association or a training provider nominated by the Association. A maximum of 12 working days in any period of 2 years applies to this training and is subject to:

(i) the operating requirements of Landcom permitting the grant of leave and the absence not requiring employment of relief staff members;

(ii) payment being at the ordinary time rate, i.e. excluding extraneous payments such as shift allowances, penalty rates or overtime;

(iii) all travelling and associated expenses being met by the staff member or the Association;

(iv) attendance at the relevant training course being confirmed, in writing, by the Association or a nominated training provider.

(4) Period of Notice

The Chief Executive Officer must be notified in writing by the Association or, where appropriate, by the accredited delegate as soon as the date and/or time of the meeting, conference or other relevant activity is known.

61. Access to Facilities

Landcom shall provide accredited Association delegates with reasonable access to the following facilities for authorised Association activities:

(1) telephone, facsimile and, where available, E-mail facilities;

(2) a notice board for material authorised by the Association or access to staff notice boards for material authorised by the Association;

(3) workplace conference or meeting facilities, where available, for meetings with member(s), as negotiated between local management and the Association.

62. Right of Entry

The right of entry provisions shall be as prescribed under the Occupational Health and Safety Act 2000 and the Industrial Relations Act 1996.

63. Industrial Action

(1) Provisions of the Industrial Relations Act 1996 shall apply to the right of union members to take lawful industrial action.

(2) There will be no victimisation of staff members prior to, during or following such industrial action.

64. Technological Change

Landcom shall consult with the Association prior to the introduction of significant technological change(s).

65. Association Deductions

(1) At the election of the staff member, the Chief Executive Officer shall provide for the staff member’s Association membership fees to be deducted from the staff member’s pay and ensure that such fees are transmitted to the Association at fortnightly intervals by Electronic Funds Transfer (EFT).

(2) The Association shall advise Landcom of any change to the amount of fortnightly membership fees made under its rules at least one month before such changes are to take effect.

66. Public Holidays

(1) Unless directed to attend for duty by the Chief executive Officer, a staff member is entitled to be absent from duty on any day which is:

(a) a public holiday throughout the State; or

(b) a local holiday in that part of the State at or from which the staff member performs duty; or

(c) a day in the same fortnight in which Christmas Day and New Year’s Day occur, determined by the Chief Executive Officer as a public holiday for Landcom staff members.

(2) A staff member, who is required by the Chief Executive Officer to work on a local holiday may be granted time off in lieu on an hour for hour basis for the time worked on a local holiday.

(3) If a local holiday falls during a staff member’s absence on leave, the staff member is not to be credited with the holiday.

67. Community Language Allowance

Staff members who possess a basic level of competence in a community language and who work in locations where their community language is utilised at work to assist clients and such staff members are not employed as interpreters and translators or employed in positions where particular language skills are an integral part of the essential requirements of the position shall be paid an allowance as specified at Item 6 of the Monetary Rates Table of this award

68. No Extra Claims

This award is made on the basis that there will be no new salaries or condition claims arising from negotiation of productivity and efficiency improvements covered by this award or the Landcom (Salaries 2004) Award.

69. Saving of Entitlements

No staff member covered by this award shall suffer a reduction in the rate of pay or any loss or diminution of any conditions of employment as a consequence of the making of this Award.

70. Flexible Work Practices

Staff members and Landcom may make use of the flexible work practices outlined in the Public Employment Office document "Flexible Work Practices - Policy and Guidelines".

The flexible work practices include:

Title	Brief Description
1. Part time work	Part time work is work that involves less than the weekly hours for
	the job.
2. Job sharing	Job sharing is an arrangement whereby one job is shared between
	part-time staff members.
3. Part time leave without pay	Part-time leave without pay allows staff members currently working
	full-time to work part-time, with leave without pay for the balance of
	full-time hours.
4. Career break scheme	This scheme is available for purposes such as extending parental
	leave, study, travel, personal and professional development,
	alternative employment and voluntary work.
5. Part year employment	This option allows staff members to take a number of weeks unpaid
	leave in addition to their annual entitlement to recreation leave.
	Salary is paid for weeks worked, and for recreation leave accrued,
	and the remaining weeks are unpaid.
6. Variable year employment	This option allows staff members to take a period of unpaid leave
	after working for a pre-arranged period of time. Salary is paid for the
	time worked, and for recreation leave accrued, and the remaining
	time is unpaid.
7. Working from home	This option allows staff members to work at home for any or all of
	their usual hours of work, subject to the signing of an individual
	agreement to do so.

The use of these options will be in accordance with the relevant provisions outlined in the Public Employment Office document, "Flexible Work Practices - Policy and Guidelines". However, the use of these options requires agreement between the staff member, or potential staff member, and the relevant General Manager or their delegate.

For the purposes of this Clause the provisions of Clause 9, Hours of Work of this Award will apply, subject to the following exception:

By agreement between staff member(s) and their manager, the ordinary hours of work may extend beyond the span of 7.30 am to 6.00 pm, Monday to Friday.

The provisions of Clause 7, Dispute Resolution are available to resolve any disputes arising under the terms of this Clause.

71. Monetary Rates Table

Item	Clause	Summary Description of Allowances	Amount
No.	No.		$

1	21	Capital cities and high cost country centres
		(see list below)
		Breakfast Allowance	17.70
		Evening Meal Allowance	34.05
		Lunch Allowance	19.75
		Capital Cities
		Adelaide
		Brisbane
		Canberra
		Darwin
		Hobart
		Melbourne
		Perth
		Sydney
		High Cost country centres
		Alice Springs (NT)
		Ballarat (Vic)
		Broken Hill (NSW)
		Broome (WA)
		Burnie (Tas)
		Cairns (Qld)
		Christmas Island
		Cocos (Keeling) Islands
		Dampier (WA)
		Derby (WA)
		Devonport (Tas)
		Exmouth (WA)
		Gold Coast (Qld)
		Geelong (Vic)
		Halls Creek (WA)
		Horn Island
		Jabiru (NT)
		Kalgoorlie (WA)
		Karratha (WA)
		Katherine (NT)
		Kununurra (WA)
		Launceston (Tas)
		Maria (SA)
		Newcastle (NSW)
		Newman (WA)
		Nhulunbuy (SA)
		Norfolk Island
		Paraburdoo (WA)
		Pt Hedland (WA)
		Roebourne (WA)
		Thursday Island
		Tom Price (WA)
		Wagga Wagga (NSW)
		Weipa (Qld)
		Wilpena (SA)
		Wollongong (NSW)
		Wyndham (WA)
		Yulara (NT)
		Other country centres
		Breakfast Allowance	15.75
		Evening Meal Allowance	31.15
		Lunch Allowance	18.05
2	22(3)	Use of private motor vehicle during work related duties	Rate per km
		Official business rate:
		Engine Capacity
		over 2700cc	75.9 cents
		1600-2700cc	70.6 cents
		under 1600cc	50.6 cents
		Casual rate:
		Engine Capacity
		over 2700cc	27.0 cents
		1600-2700cc	25.0 cents
		under 1600cc	21.1 cents
3	24(1)	First Aid allowance:	$ per annum
		(a) Holder of a current First Aid Certificate and	591.00
		designated First Aid Officer
		(b) Holder of a Current Occupational First Aid	890.00
		Certificate and designated First Aid Officer
4	29(4)	On call allowance	64 cents per hour
5	31(4)	Overtime meal allowance:
		Breakfast Allowance	$19.75
		Lunch Allowance	$19.75
		Dinner Allowance	$19.75
		Second overtime meal allowance	$7.95
6	67	Community Language Allowance	$921.00 per annum
7		Sales staff members	$ per annum
	24A(1)	Work on 3 of 4 weekends	9010.00
	24A(2)	Work on 2 of 4 weekends	6006.00

I. W. CAMBRIDGE, Commissioner.

____________________

Printed by the authority of the Industrial Registrar.

* to download attachment

IE Users	Right click the attachment - Click 'Save Target As' - Select a location - Click 'Save'
Netscape Users	Right click the attachment - Select 'Save Link As' - Select a location - Click 'Save'