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.