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New South Wales Industrial Relations Commission
(Industrial Gazette)





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METER READERS AND FIELD OFFICERS (STATE) AWARD
  
Date09/02/2005
Volume353
Part4
Page No.522
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C3742
CategoryAward
Award Code 1803  
Date Posted09/01/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1803)

SERIAL C3742

 

METER READERS AND FIELD OFFICERS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 3778 of 2004)

 

Before Commissioner McKenna

23 March 2005

 

AWARD

 

PART A

 

1.  Arrangement

 

Clause No.          Subject Matter

 

2.         Title

3.         Definitions

4.         Anti - Discrimination and Harassment

5.         Casual and Part - Time Employees

6.         Hours

7.         Starting and Finishing Times

8.         Weekend Work

9.         Overtime

10.       Overtime on Weekends and Accrued Days Off

11.       Overtime During Meal Breaks

12.       Accrued Days Off

13.       Reasonable Working Hours

14.       Meal Breaks

15.       Rest Pauses

16.       Mixed Functions

17.       Classification Structure and Wages

18.       State Wage Case

19.       Payment of Wages

20.       Allowances

21.       Uniforms

22.       Vehicle Requirements

23.       Public Holidays

24.       Annual Leave

25.       Annual Leave Loading

26.       Long Service Leave

27.       Sick Leave

28.       Personal Carers Leave

29.       Bereavement Leave

30.       Parental Leave

31.       Jury Service

32.       Superannuation

33.       Notice Board

34.       Right of Entry

35.       Union Contributions

36.       Termination of Engagement

37.       Redundancy

38.       Disputes Procedure

39.       Piecework Rates

40.       Savings Clause

41.       Union Representation

42.       Area, Incidence and Duration

 

PART B

 

Monetary Rates

 

Table 1 - Wages

Table 2 - Allowances

 

2.  Title

 

This award shall be referred to as the Meter Readers and Field Officers (State) Award

 

3.  Definitions

 

(i)         "Accrued Day Off" means - all periods of overtime worked, and banked, by an employee in lieu of the payment for such overtime in accordance with clause 12 of this award.

 

(ii)        "Casual Employee" shall mean - an employee other than a permanent employee as defined herein who is engaged and paid on an hourly basis to work no more than 24 hours in any consecutive period of seven days.

 

(iii)       "Meter" includes all devices and systems used for the purposes of monitoring and recording the usage and consumption of electricity, gas and water, of a domestic or commercial nature, for the purposes of billing.

 

(iv)       "Full - time Employee" shall mean - a permanent employee engaged by the employer to perform work of not less than 38 hours in any consecutive period of seven days.

 

(vi)       "Non - working Day" means - a day for which the employee is not rostered to work, but does not mean an accrued day off.

 

(vii)      "Part-time Employee" shall mean - a permanent employee other than a "casual employee" as defined herein, who is engaged to work between 16 and 64 hours on a regular basis in any consecutive period of fourteen days, and whose working hours are worked continuously inclusive or exclusive of meal times according to operational requirements.

 

(viii)     "Permanent Employee" shall mean - a part - time and full time employee as defined herein.

 

(ix)       "Union" shall mean - The Australian Workers’ Union, New South Wales.

 

4.  Anti-Discrimination and Harassment

 

(i)         It is the intention of the parties bound by this award to seek to achieve the object of 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.

 

(ii)        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.

 

(iii)       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 or unlawful discrimination or harassment.

 

(iv)       Nothing in this clause shall 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.

 

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

 

NOTES -

 

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

 

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

 

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

 

5.  Casual and Part - Time Employees

 

(i)         Employees shall be engaged either as full time, part time or casual.

 

(ii)        Casual employees shall be employed by the hour and paid by the week provided that any such employee may agree for payment to be made at intervals less than, or greater than a week. A Casual employee, for working ordinary time shall be paid one thirty eighth of the weekly rate prescribed by this award plus 15 per cent.  Casual employment may be terminated by either party at any time with the giving of one hour’s notice.

 

(iii)       Every employee, upon engagement by the employer, shall be advised in writing as to the nature of the employment, the ordinary hours of duty, the rate of pay and appointment.

 

(iv)       A part - time employee is an employee who:

 

(a)        is employed for not less than 7.6 hours per day and for not more than 32 ordinary hours per week; and

 

(b)        works on no more than 5 days of the week, being Monday to Sunday; and

 

(c)        has reasonably predictable hours of work.

 

(v)        At the time of engagement, the employer and the employee will agree in writing on the number of ordinary hours per week and the normal rostering arrangements.

 

(vi)       The agreed number of ordinary hours per week may only be varied by mutual agreement. Any such agreed variation to the number of weekly hours of work will be recorded in writing.

 

(vii)      An employer is required to roster a part - time employee for a minimum of 4 consecutive hours on any shift.

 

(viii)     Where an employee and their employer agree in writing, part - time employment may be converted to full time, and vice versa, on a permanent basis or for a specified period of time. If such an employee transfers from full time to part - time (or vice versa), all accrued award and legislative entitlements shall be maintained. Following transfer to part - time employment accrual will occur in accordance with the provisions relevant to part - time employment.

 

6.  Hours

 

(i)         The ordinary hours of work for all employees shall be 38 hours per week, to be worked on one of the following basis:

 

(a)        38 hours within a work cycle not exceeding seven consecutive days; or

 

(b)        76 hours within a work cycle not exceeding fourteen consecutive days; or

 

(c)        114 hours within a work cycle not exceeding twenty- one consecutive days; or

 

(d)        152 hours within a work cycle not exceeding twenty - eighth consecutive days.

 

(ii)        The ordinary hours of work shall be performed between the daily spread of hours of 6.00am to 6.00pm on a Monday to Friday basis.

 

(iii)       Employees shall be allowed a break of not less than ten hours between the termination of one shift and the commencement of another shift.

 

7.  Starting and Finishing Times

 

Employee’s starting and finishing times within the ordinary spread of hours, may be altered to suit operational requirements, geographic, safety, climatic, or traffic conditions by the employer with the agreement of the Secretary of the Union. Any such altered starting and finishing time shall invoke the relevant penalty payment which would be payable if the award spread of hours were observed.

 

8.  Weekend Work

 

All time worked that is not overtime in accordance with clause 9 Overtime of this Award between midnight Friday and midnight Saturday shall be paid for at the rate of one and a half times the ordinary rate and between midnight Saturday and midnight Sunday shall be paid for at double time.

 

9.  Overtime

 

(i)         Overtime, that is authorised time worked outside the ordinary starting and ceasing time’s or in excess of the ordinary hours of duty shall be paid at the rate of time and a half for the first 3 hours and double time thereafter, with a minimum payment as for 2 hours.

 

(ii)        Overtime shall be calculated to the nearest quarter of an hour in the total amount of time in respect to which overtime is claimed by an employee.

 

10.  Overtime on Weekends and Accrued Days Off

 

(i)         All overtime worked on Saturday shall be paid at the rate of time and one - half for the first three hours worked, and double time thereafter.

 

(ii)        All overtime worked on a Sunday shall be paid for at the rate of double time.

 

(iii)       A minimum payment of two hours shall apply to all overtime worked on a Saturday or Sunday provided that such minimum payment shall not apply where such overtime is performed immediately preceding and/or following an ordinary rostered shift.

 

(iv)       An employee directed to work overtime on the employee’s accrued day off during a work cycle shall be paid at the rate of time and one - half for the first three hours worked and double time thereafter with a minimum payment of two hours.

 

11.  Overtime During Meal Breaks

 

Where an employee is directed to work during an unpaid meal break, and the break is unable to be rescheduled within the span of hours, the employee concerned shall be paid for the time so worked.

 

12.  Accrued Days Off

 

Where an employee so requests, the employee will be granted time off in lieu of overtime. The time off will be the equivalent of the number of overtime hours actually worked and shall be taken in periods.

 

13.  Reasonable Working Hours

 

(i)         Subject to the following, an employer may require an employee to work reasonable overtime at overtime rates, or as otherwise provided for in this award.

 

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

 

(iii)       For the purposes of subclause (ii), what is unreasonable or otherwise will be determined having regard to :

 

(a)        any risk to employee health and safety;

 

(b)        the employee’s personal circumstances including any family and career responsibilities;

 

(c)        the needs of the workplace or enterprise;

 

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

 

(e)        any other relevant matter.

 

14.  Meal Breaks

 

(i)         All employees (including part-time and casual employees) who work more than five and a half continuous ordinary hours on any one day shall be allowed a minimum 30 minutes for a meal break to be taken between the third and sixth hours from commencement of duty.

 

(ii)        An employee who is required to work overtime for more than two hours after the ordinary ceasing time or for more than one hour continuing beyond 6.00pm shall be provided with an adequate meal at the employer’s expense or paid a meal allowance as set out in item 1 of Table 2, Allowances of Part B Monetary Rates.

 

15.  Rest Pauses

 

All employees (including part-time and casual) who work at least six continuous ordinary hours shall be entitled to a paid rest pause/s totalling twenty minutes per day to be taken at times to suit the operational requirements as determined by the employer.

 

16.  Mixed Functions

 

An employee who is required to do work of a higher paid classification for 2 hours or more on any one day shall be paid for the whole day at the rate prescribed for such higher paid classification.

 

17.  Classification Structure and Wage Rates

 

(i)         Level 1- Probationary Meter Reader

 

Employees at this level may have limited relevant experience. Initially work is performed under close supervision and later under routine supervision with intermittent checking. Employees are responsible and accountable for their own work within established work procedures. Employees will be classified at this level throughout their probation period which shall be 3 months unless this time period is shortened by the employer.

 

(ii)        Level 2 - Meter Reader

 

Employees at this level will have successfully completed their probation period. Under supervision they are able to perform the complete range of meter reading activities listed under Level 3. While they are responsible for their own work, they may be required to report regularly to a Team Leader. They will be entitled to progress to a Level 3 after 6 months service. This time period may be shortened by the employer.

 

(iii)       Level 3-Senior Meter Reader

 

Employees at this level are required to work under minimal supervision. They are responsible for their own work and are expected to use their initiative and discretion to complete tasks at hand. A Level 3 employee will be expected to perform the following:

 

(a)        Operate vehicles and equipment as necessary

 

(b)        Perform meter reading activities as directed

 

(c)        Operate meter reading PC’s as necessary

 

(d)        Undertake other duties as directed, which are within the limits of the employee’s skill, competence and training

 

(e)        Relate to customers professionally

 

(f)         Complete all relevant documentation accurately

 

(g)        Work safely and maintain respect for all individuals

 

(h)        Utilise and maintain all equipment in accordance with the employers’ operational policies and maintenance guidelines

 

(iv)       Level 4 - Special Meter Reader /Field Officer

 

These employees are capable of performing activities as listed in Level 3 and if required special reads. For performing special reads these employees will receive an extra amount per hour as listed in Level 4 of Table 1, Wages of Part B Monetary Rates.

 

(v)        Level 5- Team Leader

 

These employees are required to supervise and train other employees. They are responsible for their own work and that of those employees under their supervision. Extensive knowledge of the industry is necessary. In addition to the work outlined in the above levels, a Level 3 employee will be expected to perform the following:

 

(a)        Train and monitor Level1, Level 2 and Level 3 employees

 

(b)        Provide remedial assistance to other employees as necessary

 

(c)        Operate as a multi-skilled employee within the limits of the employee’s skill, competence and training

 

(d)        Provide supervision to Level 1, Level 2 and Level 3 operations employees on either a regular or project basis

 

(e)        Completely perform all Level 1, Level 2 and Level 3 duties and all other duties as directed

 

(vi)       Progression between Levels 3,4 and 5 is dependent upon the operational requirements of the employer’s at the relevant time.

 

(vii)      An employee of a classification listed in this clause shall be paid a weekly wage as set out in Table 1 - Wages of Part B, Monetary Rates.

 

18.  State Wage Case

 

(i)         The rates of pay in this Award include the adjustments payable under the State Wage Case 2004.

 

19.  Payment of Wages

 

(i)         Wages shall be paid in cash not later than Friday of each week or, with the agreement of the employee (or majority of employees on the site), be paid by means of electronic funds transfer (EFT).

 

(ii)        Any employee kept waiting after the normal ceasing time for payment of wages in cash shall be paid at overtime rates for the period from the normal ceasing time until payment is made. This excludes employees receiving their wages through EFT who have access to their personal accounts in their own time, and provided the employer has arranged for the bank transfer of such wages to enable the employees’ personal accounts to be credited by the recognised pay time.

 

20.  Allowances

 

(i)         All Purpose Allowance

 

In addition to their ordinary weekly wage, all employees shall be paid an allowance as set out in Item 2 of Table 2, Allowances in Part B, Monetary Rates. This allowance is to compensate for working in the open on all types of work and lack of usual amenities.

 

(ii)        First Aid Allowance

 

Where an employee holds a current first aid certificate and is appointed by the employer as a first aid attendant they shall be paid an allowance as set out in Item 3 of Table 2, Allowances in Part B, Monetary Rates.

 

(iii)       Wet Weather Clothing.

 

Where an employee is required to wear uniforms, such uniforms shall be supplied, maintained and laundered at the employer’s expense, and shall remain the property of the employer.

 

The employer shall provide suitable waterproof clothing to an employee who is required to work in the rain.

 

(iv)       Vehicle Allowance

 

Where an employee is required to use their own vehicle in the performance of work, such employee will receive an amount as set out in Item 4, Allowances in Part B, Monetary Rates.

 

(v)        Accommodation Allowance

 

Employees who are required to remain away from home overnight shall be supplied with suitable board and accommodation. Employees who, with the approval of the employer, assume responsibility for provision of their own board and accommodation whilst away from home in accordance with their employers’ directions, shall receive amount as set out in Item 5, Allowances in Part B, Monetary Rates.

 

When employees return home for a weekend or part of a weekend and do not absent themselves from the job for any of the ordinary working hours, no reduction of the allowance in this subclause shall be made.

 

Employees who are supplied with suitable board and accommodation in terms of this subclause shall be paid by the employer each week/fortnight, an allowance as determined administratively from time to time, for "out of pocket" expenses. This allowance is not payable if employees assume responsibility for provision of their own board and accommodation.

 

(vi)       Mobile Phone Allowance

 

An employee who is required to use a mobile phone will have one provided by the employer. By agreement between the employer and the employee, the employee may provide their own mobile phone and shall receive an amount as set out in Item 6, Allowances Table 2, of Part B, Monetary Rates.

 

21.  Uniforms

 

(i)         The employer shall provide to each employee a uniform consisting of the following articles of clothing:

 

(a)        five light cotton, long sleeved, collared shirts;

 

(b)        five pairs of standard issue long pants (optional, and to be provided upon request);

 

(c)        five pairs of shorts (optional, and to be provided upon request);

 

(d)        one pair of approved walking boots or an allowance as set out in Item 7, Allowances Table 2 of Part B, Monetary Rates;

 

(e)        one broad rimmed hat.

 

(ii)        It shall be a condition of issue and of employment that the uniform shall be worn by an employee whilst performing work subject to this award.

 

(iii)       Subject to fair wear and tear, it shall be the responsibility of every employee to replace lost uniform items. Reissue of uniforms (including walking boots) shall be on the basis of fair wear and tear provided that the worn out item/s of clothing is produced for replacement.

 

(iv)       The Uniform provided to each employee must be designed in such a fashion as to readily identify the employee as an employee performing meter reading duties subject to this award.

 

22.  Vehicle Requirements

 

(i)         All employees required to use a vehicle in the performance of work subject to this award, whether their own vehicle or one provided to them by the employer, shall be provided by the employer with the following:

 

(a)        a suitable first aid kit including insect repellent and sunscreen; and

 

(b)        a relevant street directory for the geographical area of operation concerned.

 

(ii)        It shall at all times be the responsibility of the employer to ensure that first aid kits and street directories referred to above are maintained.

 

23.  Public Holidays

 

(i)         The following days shall be observed as holidays and paid for even though not worked: New Years’ Day, Australia Day, Recreation Day of the Union, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queens’ Birthday, Labour Day, Christmas Day and Boxing Day, together with all days which may hereafter be proclaimed as holidays for the district in which the employee is employed.

 

(ii)        All time worked on a holiday shall be paid for at double time and a half, with a minimum payment of four hours.

 

24.  Annual Leave

 

An employee shall be entitled to annual leave as prescribed by the Annual Holidays Act 1944.

 

25.  Annual Leave Loading

 

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

 

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

 

(iii)       The loading is payable in addition to the pay for the period of leave given and taken and due to the employee under the Act, and under Clause 24, Annual Leave.

 

(iv)       The loading is to be calculated in relation to any period of annual leave to which the employee becomes or has become entitled or, where such leave is given and taken in separate periods, then in relation to each such separate period.

 

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

 

(vi)       No loading is payable to an employee who takes annual leave wholly or partly in advance; provided that if the employment of such an employee continues until the day when he/she would have become entitled under the Act to annual leave, the loading then becomes payable in respect of the period of such leave and is to be calculated in accordance with subclause (v) of this clause, applying the award rates of wages payable on that day.

 

(vii)

 

(a)        When the employment of an employee is terminated by the employer for a cause other than misconduct and, at the time of the termination, the employee has not been given and has no taken the whole of the annual leave to which the employee became entitled, shall be paid a loading calculated in accordance with subclause (v) of this clause for the period not taken.

 

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

 

26.  Long Service Leave

 

Employees shall be entitled to long service leave benefits as prescribed by the Long Service Leave Act 1955.

 

27.  Sick Leave

 

(i)         Weekly employees shall, subject to the production of a medical certificate or other evidence satisfactory to the employer (which may include a statutory declaration), be entitled to five days' sick leave during the first year of service and eight days during the second and subsequent years of service on full pay. Provided that a statutory declaration shall be sufficient proof of sickness in respect of the first two single days' absence of an employee in any year. Provided further that where an employee works more than eight ordinary hours in any day, the employee shall not be entitled to leave in excess of 38 hours of ordinary working time in the first year of service and 60.8 hours of ordinary working time in the second and subsequent years of service.

 

(ii)

 

(a)        he employee shall, wherever practicable, before the commencement of absence, inform the employer of such employee's inability to attend for duty and, as far as possible, state the nature of the injury or illness and the estimated duration of the absence.

 

(b)        here an employee does not notify the employer of the employee's inability to attend for duty prior to the commencement of the absence the employee shall produce a medical certificate or the said employee shall not be entitled to payment for the first eight hours of such absence. NOTE: An employee's entitlement to sick leave in accordance with subclause (i) shall not be reduced as a consequence of the operation of this paragraph.

 

(iii)       The payment for any absence on sick leave in accordance with this clause during the first three months of employment of an employee may be withheld by the employer until the employee completes such three months of employment, at which time the payment shall be made.

 

(iv)       An employee shall not be entitled to sick leave on full pay for any period in respect of which such employee is entitled to workers' compensation; provided, however, that an employer shall pay to an employee who has sick leave entitlement under this clause, the difference between the amount received as workers' compensation and full pay. If an employer pays such difference, the employee's sick leave entitlement under this clause shall be proportionately reduced for each week during which such difference is paid.

 

(v)        If the full period of sick leave is not taken in any year, the whole or any untaken portion shall be cumulative from year to year; provided that an employer shall not be bound to credit an employee for sick leave which accrued more than twelve years before the end of the last completed year of service.

 

(vi)       Part-time employees shall, subject to the provisions of this clause, be entitled to a proportionate amount of sick leave. The amount of sick leave to which a part-time employee is entitled in any year shall bear the same ratio to sick leave prescribed during that year of service for weekly employees as the part-time employee's normal ordinary hours of work for a week during such year would have borne to the number of ordinary hours worked by weekly clerical employees in the section or department in which the part- time employee is employed.

 

(vii)      Service with the employer before the date of coming into operation of this award shall be counted as service for the purpose of this clause.

 

(viii)     If an award holiday occurs during an employee's absence on sick leave then such award holiday shall not be counted as sick leave.

 

28.  Personal Carers Leave

 

(i)         Use of Sick Leave -

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in (c)(2) who needs the employee s care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for at clause 27, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

 

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

 

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

 

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

 

(2)        the person concerned being:

 

(i)         a spouse of the employee; or

 

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

 

(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 employee or spouse or de facto spouse of the employee; or

 

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

 

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

 

(a)        "relative" means - a person related by blood, marriage or affinity;

 

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

 

(c)        "household" means - a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(ii)        Unpaid Leave for Family Purpose - An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in (i)(c)(2) above who is ill.

 

(iii)       Annual Leave -

 

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

 

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

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(iv)       Time Off in Lieu of Payment for Overtime - See clause 12 Accrued Days Off.

 

(v)        Make-up Time -

 

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

 

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

 

(vi)       Rostered Days Off -

 

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

 

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

 

(c)        Where the employer and employee agree, rostered days off may be accumulated which occur as a result of employees working in accordance with the provisions of this subclause. These accumulated days may be taken at any time mutually agreed between the employer and the employee. An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at time mutually agreed between the employer and employee or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing the union if it has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union to participate in negotiations.

 

29.  Bereavement Leave

 

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

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide, to the satisfaction of the employer, proof of death.

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (2) of paragraph (c) of subclause (i) of clause 28, Personal Carers Leave, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (ii), (iii), (iv), (v) and (vi) of the said clause 28. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

30.  Parental Leave

 

See Industrial Relations Act 1996.

 

31.  Jury Service

 

(i)         An employee on weekly hiring required to attend for jury service during his/her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.

 

(ii)        An employee shall notify his/her employer as soon as possible of the date upon which he/she is required to attend for jury service. Further, the employee shall give his/her employer proof of his/her attendance, the duration of such attendance and the amount received in respect of such jury service.

 

32.  Superannuation

 

The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993 and s124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

33.  Notice Board

 

Each employer shall permit the union to display notices dealing with legitimate union business on notice boards provided that such notices are authorised by an accredited union representative. Any such notice not so authorised may be removed by the accredited union representative or the employer.

 

34.  Right of Entry

 

See Industrial Relations Act 1996

 

35.  Union Contributions

 

(i)         The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

(a)        the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;

 

(b)        the Union shall advise the employer of the amount to be deducted for each pay period applying at the employer’s workplace and any changes to that amount;

 

(c)        deduction of Union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

 

(d)        there shall be no requirements to make deductions for casual employees with less than two months service (continuos or otherwise).

 

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

 

(iii)       Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employers’ election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employee’s membership accounts, provided that:

 

(a)        where the employer has elected to remit on a weekly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and

 

(b)        where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

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

 

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

 

(vi)       An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

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

 

36.  Termination of Engagement

 

(i)         Except for misconduct justifying summary dismissal, the service of an employee shall be terminated only by seven days notice or by the payment of seven day’s salary in lieu thereof.

 

(ii)        No employee shall, without consent of the employer, resign from his/her employment without having given seven day’s notice of his/her intention so to do. Should he/she resign without giving such notice, he/she shall forfeit salary up to the time of resignation for such portion of the current pay period during which he/she has worked.

 

(iii)       Upon termination of the service of an employee, the employer shall furnish him/her with a written statement, duly signed on behalf of the employer, setting out the period of his/her employment and the capacity in which he/she was employed.

 

37.  Redundancy

 

(i)         Application -

 

(a)        This clause shall apply in respect of full-time and part-time employees.

 

(b)        This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

 

(c)        Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one years continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

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

 

(ii)        Introduction of Change -

 

(a)        Employers duty to notify -

 

(1)        Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

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

 

(b)        Employers duty to discuss change -

 

(1)        The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(2)        The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (a) of this subclause.

 

(3)        For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(iii)       Redundancy -

 

(a)        Discussions before terminations -

 

(1)        Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to subparagraph (1) of paragraph (a) of subclause (ii) above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

(2)        The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (1) of this paragraph and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

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

 

(iv)       Termination of Employment -

 

(a)        Notice for Changes in Production, Programme, Organisation or Structure - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with subclause (ii) (a)(1) above.

 

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

 

Period of continuous service

Period of notice

 

 

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

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

 

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

 

(b)        Notice for Technological Change - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause (ii)(a)(1) above:

 

(1)        In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

 

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

 

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

 

(c)        Time Off during the Notice Period -

 

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

 

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

 

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

 

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

 

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

 

(g)        Department of Social Security Employment Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by the Department of Social Security.

 

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

 

(v)        Severance Pay -

 

(a)        Where the employment of an employee is to be terminated pursuant to subclause (iv) above, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

 

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

 

Years of Service

Under 45 Years of Age Entitlement

 

 

Less than 1 year

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over

16 weeks

 

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

 

Years of Service

45 Years of Age and Over Entitlement

 

 

Less than 1 year

Nil

1 year and less than 2 years

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years

17.5 weeks

6 years and over

20 weeks

 

(3)        "Week's pay" means - the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances provided for in the relevant award.

 

(b)        Incapacity to Pay - An employer may make application to the Industrial Relations Commission to have the general severance pay prescription varied on the basis of the employers incapacity to pay.

 

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

 

(vi)       Savings Clause - Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.

 

38.  Disputes Procedure

 

The procedure for the resolution of grievances and industrial disputation concerning matters arising under this award shall be in accordance with the following procedural steps.

 

(i)         Procedure relating to grievance of an individual employee:

 

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

 

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

 

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

 

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

 

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

 

(f)         The employer may be represented by an industrial organisation of employers and the employee may be represented by an industrial organisation of employees for the purpose of each procedure.

 

(ii)        Procedure for a dispute between an employer and the employees:

 

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

 

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

 

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

 

(d)        The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purpose of each procedure.

 

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

 

39.  Piecework Rates

 

Piecework rates may only be fixed by registered agreement between the employer and majority of employees and the Secretary of the Union.

 

40.  Savings Clause

 

No employee shall be disadvantaged as a result of the making of this award.

 

41.  Union Representation

 

Properly accredited officials and workplace delegates of the Union shall have the right to be provided with appropriate access to employees to promote the benefits of willing union membership. To assist this process the employer shall:

 

(i)         Provide the Union with one working weeks notice before the appointment of a new employee and provide the union with access to talk to new employees for 30 minutes at an agreed time and;

 

(ii)        Supply all employees with a union application form at the same time as employees are provided with their taxation declaration form.

 

42.  Area, Incidence and Duration

 

This award is binding upon employee(s) employed in or connection with gas and or water and or electricity meter reading, including but not limited to field officers and employers of such employees. This award shall take effect from the first full pay period to commence on or after 1 May 2005 and shall remain in force for a period of 2 years.

 

This award shall not apply to employees employed under the following awards:

 

Hunter Water Corporation Employees (State) Award 1999

 

Riverina Water County Council Enterprise Award 2001

 

Colleambally Irrigation Consent Award 1999

 

Great Southern Energy Enterprise Award 2000

 

Advance Energy Enterprise Award 1999

 

Crown Employees (Public Sector - Salaries January 2002) Award

 

Part B

 

MONETARY RATES

 

Table 1 - Wages

 

To apply from first full pay period to commence on or after 1 May 2005

 

Level

Weekly Rate of Pay

 

($)

1. Probationary Meter Reader

497.95

2. Meter Reader

539.60

3. Senior Meter Reader

546.44

4. Special Meter Reader/Field Officer

554.04

 

2.00 (per hour)

5. Team Leader

557.84

 

To apply from the first full pay period to commence on or after 1 April 2006

 

Level

Weekly Rate of Pay

 

($)

1. Probationary Meter Reader

497.95

2. Meter Reader

555.80

3. Senior Meter Reader

593.40

4. Special Meter Reader/Field Officer

630.80

 

2.00 (per hour)

5. Team Leader

646.50

 

Table 2 - Allowances

 

Item

Clause

Allowance

Amount

 

No.

 

$

1

14(ii)

Meal Breaks

9.10

2

20(i)

All Purpose

0.47 per hour

3

20(ii)

First - Aid

10.80 per week

4

20(iv)

Vehicle

0.60 per kilometre

5

20(v)

Accommodation

364.90 per week

6

20(vi)

Mobile Phone

10.00 per week

7

21(ii)(d)

Walking Shoes

1.00 per week

 

 

 

D. S. McKENNA, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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