STATE PARK EMPLOYEES AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by State Park Trusts.

 

(No. IRC 4884 of 2005)

 

 

AWARD

 

Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Title

2.         No Further Claims

3          Incidence

4.         Definitions - General

5          Transition

6          Terms Of Employment

7          Hours of Work

8          Classification Structure and Wages

9.         Payment of Wages

10.       Higher Duties

11.       Saturday & Sunday [ordinary time]

12.       Overtime

13.       On Call

14.       Meals and Crib Breaks

15.       Public Holidays

16.       Sick Leave

17.       Annual Leave

18.       Long service Leave

19.       Bereavement Leave

20.       Personal Carer's Leave  

21.       Parental Leave

22.       Jury Service

23.       Redundancy

24.       Uniforms & Protective Clothing

25.       Occupational Health & Safety

26.       Transport

27.       Consultative Committee

28.       Notice Boards

29.       Superannuation

30.       Counselling Procedure

31.       Dispute Settlement Procedure

32.       Anti-Discrimination

33.       Portability of Entitlements

34.       Leave Reserved

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

 

Table 2 - Allowances

 

PART A

 

1.  Title

 

This Award shall be known as State Park Employees Award.

 

2.  No Further Claims

 

It is a condition of this Award that the Australian Workers Union undertakes for the duration of the life of this Award not to pursue any extra claims award or over-award with respect to State Park Employees.  It is also a condition that all parties to this Award will make no retrospective claim for any wages or allowances that may form the difference between the rate of pay before the making of this Award and thereafter.

 

3.  Incidence

 

The Award covers the pay and conditions of employment of staff at the various State Parks (other than Coffs Coast State Park), from time to time established under the provisions of Section 92 of the Crown Lands Act 1989 No. 6.  State Parks are administered by a Reserve Trust, being a Corporation also established under Section 92 of the Act.  This award shall take effect from 27 October 2005 and remain in the force for a period of 3 years.

 

4.  Definitions -General

 

"Award" means this Award.

 

"Former Agreement" means the State Park Trust’s Enterprise Agreement, 1998.

 

"Park" means any of the State Parks nominated in clause 3 of this Award.

 

"Park Staff" means all persons at any of the State Parks as set out in clause 3 of this Award and who are permanently or temporarily employed, as at the operative date of this Award or are subsequently appointed under the terms of this Award.

 

"Park Manager" means the person appointed independently of this Award and who is responsible for managing the effective operation and staff in each Park or any person from time to time appointed by a State Park Trust in their stead.

 

"Union" means the Australian Workers Union (N.S.W.).

 

5.  Transition

 

5.1        This Award replaces the former Agreement in its entirety.

 

5.2        On the making of this Award, each State Park Trust shall evaluate their staffing needs, having regard to the number of each grade of employee required for the efficient and effective operation of each individual Park, and advise staff members in writing.

 

5.3        Each adult staff member shall be graded by the appropriate Trust in the classification in which their principle employment duty is prescribed and such classification shall be subject to an annual Personal Appraisal with progress from one grade to a vacancy at the next or subsequent grade being by way of merit based selection from applicants having the qualifications and skills of the vacant position.

 

5.4        No existing employee as at the time of making this Award will be financially disadvantaged by the application of this Award.  If an employee is employed at a Grade with less responsibility than when formerly employed under the State Parks Trust Enterprise Agreement, they shall be remunerated at a rate no less than that of their former position as at the time of making of this Award.

 

5.5        No retrospective payment will be applicable for any sum or sums being the difference between the rates of pay of the Former Agreement and this Award.

 

5.6        Any adult staff member, other than those employed pursuant to the former agreement, and not prepared to be employed pursuant to this Award, will continue to be employed under their current circumstances so long as their employment continues and until they choose to be employed pursuant to this Award.

 

5.7        The following transitional arrangements shall apply to staff employed as Park Staff under the provisions of the former State Park Trust’s Enterprise Agreement, 1998 as at the date of the making of this award.

 

(a)        Staff  classified as Park Staff Grade 1 shall be reclassified as Park Worker.  Those staff with 2 years service or more shall be reclassified as Park Worker (Year 3 and thereafter).

 

(b)        Staff  classified as Park Staff Grade 2 shall be reclassified as Park Worker (Year 3 and thereafter).

 

(c)        Staff  classified as Park Staff Grade 3 shall be reclassified as Senior Park Worker.

 

(d)        Staff  classified as Park Staff Grade 4 shall be reclassified as Park Foreman.

 

5.8        Staff referred to in 5.6 above shall retain the same anniversary date in the new salary/classification scale for the purposes of annual leave and all other industrial entitlements.

 

5.9        The following transitional arrangements shall apply to staff employed as cleaners under the provisions of the Miscellaneous Workers’ General Services (State) Award as at the date of the making of this award.

 

(a)        Staff classified as a Cleaner shall be reclassified as General Hand.

 

6.  Terms of Employment

 

Employees may be engaged on a full-time, part-time, casual or fixed term contract basis.

 

6.1

 

(i)         Full-time Employees shall be engaged for an average of 38 hours per week over a 4 week period, such work with maximum ordinary hours per day of 10 hours.

 

(ii)        In circumstances that suit the nature of duties and seasonal conditions, and by mutual agreement between the employee and the employer, weekly hours may be averaged over a 6 week cycle subject to the employee working a minimum of 16 hours each week during the averaging period.

 

6.2

 

(i)         Part-time Employees shall be on a set number of weekly hours no less than 16 and less than 36, with a minimum payment of 3 hours work on each day.  In circumstances, where due to the specialist nature of skills held by an employee, and by mutual agreement between that employee, in consultation with a registered industrial body if they so choose, an employee may enter into an agreement to work no less than 8 hours a week.

 

(ii)        In circumstances that suit the nature of duties and seasonal conditions, and by mutual agreement between the employee and the employer, weekly hours may be averaged over a 6 week cycle subject to the employee working a minimum of 16 hours each week during the averaging period.

 

6.3

 

(i)         Casual Employees shall be engaged on an hourly basis of less than 36 ordinary hours per week (averaged) with a minimum payment of 3 hours work on each commencement, except where by mutual award between the employee and the employer, a lesser minimum period than 3 hours of work and payment may be agreed. Employment on a casual basis shall not exceed a period of 26 consecutive weeks except that where there has been a break of employment of a minimum of 4 weeks following the period of continuous service and there is mutual agreement in writing between the employee and employer. Further employment as a casual can be established.

 

(ii)        Any person who has worked as a casual for a period in excess of 26 weeks will be considered for permanent status. The work history of the employee will be the primary consideration of such assessment, in terms of performance and hours.

 

6.4        Fixed Term Employee shall be as either a full-time of part-time employee, engaged for a specific period of time of less than six months duration for either seasonal, special contract or capital works projects,

 

6.5        Juniors may be engaged as either full-time, part-time or on a casual basis and shall be paid a minimum rate in accordance with the appropriate rate as set out in PART B, Table I of this Award. In circumstances where skills and experience are exhibited in line with those provided in subclause 8.5, the rate of pay for an adult general hand or park worker may take precedence.

 

6.6        Each Park Manager shall inform each employee in writing as to the term of engagement, and in particular, whether the employee is a full-time, part-time or casual employee or for a fixed term of employment.

 

An independent third party, whose appointment is mutually agreed by the parties, will resolve individual issues regarding initial classification of employees for the purpose of the award.

 

Where employment was commenced prior to approval of this Award, the appropriate Park   Manager shall inform each current employee in writing of their terms of engagement consistent with this Award.

 

6.7        Where it is specifically stated by the employer in writing at the time of engagement, full-time or part-time staff [including junior staff] may be engaged for a probationary period of up to a maximum of three months. Park management is obligated to conduct an appropriate monthly assessment during the probationary period.

 

6.8        Employment, other than for casuals, shall be terminated by one week's notice on either side or by the payment or forfeiture of one week's wages in lieu thereof consistent with the provisions contained in s.170CM of the Workplace Relations Act, 1996 [Federal] which generally provide for:

 

Employee’s period of continuous service with employer	Period of notice
Not more than 1 year	At least 1 week
More than 1 year but not more than 3 years	At least 2 weeks
More than 3 years but not more than 5 years	At least 3 weeks
More than 5 years	At least 4 weeks

 

Increase the period of notice by 1 week if the employee

 

(i)         is over 45 years of age, and

 

(ii)        has completed at least 2 years of continuous service

 

This does not remove the right of the Park Manager to suspend without notice at any time an employee for serious misconduct in which case, the employee shall be entitled to payment of wages up to the actual time of dismissal.

 

7.  Hours of Work

 

7.1        A flexible and adaptive approach will be determined by staff and park management in relation to normal working hours and working arrangements.

 

7.2        The ordinary hours of work for a full-time employee shall be 38 per week Monday to Sunday (inclusive), averaged over a four-week or six-week cycle as detailed in Clause 6.1.

 

7.3        The daily spread of ordinary hours shall be from 6.00am until 6.00pm (8.00pm during eastern summer time) with provision for variation by mutual agreement between the Park Manager and each employee, without the payment of a penalty as detailed in Clause 6.1.

 

7.4        Change of hours -Except where mutual award is reached (or in the case of an unforseen emergency), seven days notice will be given for a change of an employee's ordinary hours, such a change in ordinary' hours must still occur within the span of hours prescribed in clause 7.3.

 

8.  Classification Structure and Wage Rates

 

8.1        All adult staff will be graded in one of the listed classification, specified in sub-clause 8.5 of this Award.

 

8.2        The minimum rates of pay for ordinary time work are set out in Part B, Table 1 of this Award.

 

8.3        Casual Staff shall be paid a casual loading of 15% above the ordinary pay rate as set out in Part B, Table 1 and in addition for all ordinary time worked, be paid a further I/l2th to compensate for the non entitlement of paid time off for annual leave.

 

8.4        The monetary amounts for Allowances as detailed throughout this Award are set out in Part B, Table 2 of this Award.

 

8.5        The following shall be used to classify staff employed in the State Parks set out in Clause 3.

 

Park Staff (General Hand)

 

Duties shall include but not be limited to work described as follows:

 

(a)        Carry out refuse collection and recycling duties.

 

(b)        Hold an appropriate driver’s licence and drive motor vehicles and light plant within the grounds of the Park in order to carry out allocated tasks.

 

(c)        Demonstrated knowledge of and compliance with park policies and procedures.

 

(d)        Carry out cleaning of State Park amenities and accommodation as directed.

 

(e)        Respond to the basic needs of visitors in a professional and courteous manner

 

(f)         Hold a current First Aid certificate

 

Park Staff (Park Worker)

 

Duties shall include but not be limited to work described as follows:

 

(a)        Duties for Park Staff (General Hand)

 

(b)        Outside repetitive manual tasks as directed such as cleaning, garbage collection, mowing, sweeping, fencing, pruning, gardening, weed control, road maintenance and general maintenance of Park areas and facilities.

 

(c)        Hold an appropriate driver’s licence and drive motor vehicles and plant within the grounds of the Park in order to carry out allocated tasks.

 

(d)        With appropriate qualifications operate portable plant and equipment such as chain saws, mowers, line trimmers etc.

 

(e)        Carry out maintenance, servicing and basic repairs to water supply, drainage and septic/sewerage treatment systems.

 

(f)         Assist and direct visitors in the Park.

 

(g)        Carry out fee collection and associated recording.

 

(h)        Assist in the care and control of native and introduced animals within Park boundaries.

 

(i)         Knowledge of basic office procedures, including being able to serve customers.

 

Park Staff (Senior Park Worker)

 

Duties shall include but not be limited to work described as follows:

 

(a)        Duties for Park Staff (General Hand and Park Worker).

 

(b)        With appropriate qualifications, operate park machinery and plant in carrying out road and infrastructure maintenance, projects and construction works within the Park.

 

(c)        Carry out more complex repairs and maintenance on park buildings and facilities.  Servicing and repairs on Park plant, vehicles, pumps and other machines.

 

(d)        Supervise and train cleaners, Grade 1 staff and juniors.

 

(e)        Assist in the Park’s Office from time to time, including computer recording.

 

(f)         Assist in the Park’s shop/kiosk etc during busy times or staff limitations.

 

Park Staff (Park Foreman)

 

Duties shall include but not be limited to work described as follows:

 

(a)        Duties for Park Staff (General Hand, Park Worker and Senior Park Worker).

 

(b)        Generally supervise and direct other staff members, trainees and volunteers and assist them in performance of their work.

 

(c)        Subject to ability and training and where available, operate the Park’s computer system with respect to receipting, bookings and overall Park management.

 

(d)        Oversight and supervise contractors, capital works projects and assist them in the performance of their work.

 

(e)        Relieve the Park Manager as and when required.

 

(f)         Provide Manager with technical advice/expertise with relation to plant and equipment maintenance and repairs, and grounds maintenance.

 

(g)        Assist with the development of policies and procedures manuals.

 

(h)        Assist with formulation of expenditure budgets.

 

8.6        Nothing in this or any other Clause shall preclude the payment of rates of pay in excess of those provided in Table 1 of Part B in individual cases where an employer considers an employee possesses skills, experience or attributes that justify such payment.  Any such individual case shall be treated in isolation and shall in no way confer an obligation on, nor constitute a precedence to any party to this Award in any future variation or determination of the Award.

 

9.  Payment of Wages

 

Wages will be paid fortnightly and where practicable and facilities exist be paid by Electronic Funds Transfer.

 

On each payday the Park Manager will arrange to supply each member of staff with a statement showing the gross amount of wages due, deductions and the net amount paid to the staff member.  Where practicable and facilities exist, the statement may be provided electronically.

 

10.  Higher Duties

 

Where a staff member is directed to and undertakes work carrying a higher rate than the staff member's usual classification level rate, such staff member will be paid the base rate for the classification of that staff member being relieved for the time so worked up to 4 hours, and for the full day if in excess of 4 hours.  In cases where any type of leave is utilized during the period at higher rate, it is applicable only for those hours and/or days actually worked.

 

11.  Saturday & Sunday (Ordinary Time)

 

11.1      All ordinary time worked on a Saturday shall be paid for at the rate of time and one-half (T1/2).

 

11.2      All ordinary time worked on a Sunday shall be paid for at the rate of time and three-quarters (T3/4).

 

12.  Overtime

 

12.1      All overtime must be approved by the Park Manager [or Park Foreman or other nominated Supervisor in the absence of the Park Manager] and each employee shall be required to work reasonable overtime, should the need arise.

 

12.2      Individual State Park Trust policy in consultation with Staff will allow the averaging of ordinary time that is to be worked over a 26 week period. Such averaging will be determined prior to the commencement of each 6 month period.

 

12.3      Overtime shall be paid:

 

(i)         for all time worked in excess of the agreed ordinary hours each week, Monday to Sunday inclusive, except where salary levels specifically include premium rates (refer sub-clause 12.5 & 13.1);

 

(ii)        for all time in excess of rostered hours on any one day;

 

(iii)       for all time worked before the rostered commencing time on any work day.

 

12.4      The overtime rate shall be single time plus one-half (T1/2) for the first 2 hours of overtime on any day and at the rate of double time (T2) thereafter. All overtime worked on a Sunday shall be paid at the rate of double time (T2) with overtime worked on a Public Holiday being at the rate of single time and one half- (T1/2) in addition to the employee's appropriate public holiday entitlement. Each day shall stand alone when computing overtime.

 

12.5      A minimum payment as for 3 hours of work shall be provided for each specific overtime start on a Saturday or Sunday or 4 hours on a Public Holiday.

 

12.6      Call Back

 

(i)         Where an employee lives on the Park and is recalled to work overtime following the completion of ordinary hours, such employee will be paid overtime rates for the time worked.

 

(ii)        Where an employee lives away from the Park and is recalled to work overtime having left the Park following the completion of ordinary hours, such employee who returns to the park will be paid travel time at ordinary rates and for overtime rates for the period of such work with a minimum payment of 3 hours.

 

12.7      A member of staff who agrees to a weekly wage in excess of 15% above the rate set out in Part B , Table 1, Classification (iv), Park Staff- (Park Foreman) shall not be entitled to the payment for overtime when worked.

 

12.8      Time Off in Lieu of Payment for Overtime

 

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

 

(ii)        Overtime taken as time off during ordinary time hours shall be taken at the time as accrued.

 

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

 

(iv)       Where no election is made in accordance with the said paragraph (i), the employee shall be paid overtime rates in accordance with the Award.

 

(v)        An employer must not in any way attempt to coerce or convince an employee to take time off in lieu of a payment.

 

13.  On Call

 

13.1      Where an employee agrees to be ‘on-call’ outside normal Park operating hours and receive door and phone calls and attend to calls for assistance from Park patrons, they will be paid an allowance of 15% of their normal daily wage for each 24 hours or part thereof that they are ‘on-call’.

 

13.2      Where an employee is provided accommodation within or adjacent to the State Park at a rental reduced or subsidised on the current market rental applicable for the area by no less than 25%, no such on-call allowance shall be applicable.

 

14.  Meals and Crib Breaks

 

14.1      Each employee shall be entitled to take a paid tea break of ten (10) minutes at a mutually agreed time during the first three hours period after commencing daily duty. This break should be taken at the location where work is being conducted at that time.

 

14.2      An employee shall not be required to work more than five hours (or an alternative arrangement by mutual agreement without an unpaid break for a meal. The meal break shall not be less than thirty (30) minutes.

 

14.3      The commencing time of a regular meal break may be altered by agreement between appropriate staff and supervision to suit the work requirements at the particular time.

 

14.4      An employee required to work more than one and one half hours overtime following the completion of ordinary daily hours of work shall be entitled to take a paid 15 minute crib break at the rate of single time prior to commencing such overtime. A further paid crib break of 15 minutes at the rate of single time and one-half shall be available after each further four hours of overtime worked. Where mutually agreed between the employee and supervisor, the first crib break may be disregarded and replaced with a payment of 15 minutes at the rate of single time and one half where the period of overtime worked after the completion of ordinary hours exceeds one and one half hours.

 

14.5      Where an employee has not been advised on the previous day of a requirement to work overtime in excess of 2 hours immediately following the completion or ordinary time, such employee shall be entitled to be provided with an adequate meal or where this is not practicable, claim a meal allowance as set out in Part B, Table 2 - Allowances of this Award.

 

15.  Public Holidays

 

15.1      The following days or the days observed as such shall be holidays; New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labor Day, Christmas Day, Boxing Day, Union Picnic Day (first Monday in December) any other day proclaimed as a public holiday in the State of NSW for a special purpose.

 

15.2      Where overtime is worked on any public holiday, payment shall be for all classes of employee at the rate of ordinary hours plus time and one-half with a minimum payment of 4 hours.

 

15.3      Notwithstanding the provisions of sub-clause 15.2, an employee may, in lieu of payment for working on a public holiday, apply for time off at a time mutually agreed with the employer on a time as accrued basis.

 

16.  Sick Leave

 

16.1      An employee, other than a casual employee, with not less than 3 months continuous service with a State Park Trust who is unable to attend for work because of personal illness or injury arising out of or attributed to the nature of the work at the workplace, shall be entitled to paid leave of absence, as follows:

 

(i)         Not more than 38 hours (equivalent to 5 days) of ordinary working time in the first year of employment and not more than 76 hours (equivalent to 10 days) of ordinary working time in the second and subsequent year/s of continuous service. (Pro-rata amounts for part-time employment).

 

(ii)        Sick leave not taken in anyone year shall accumulate from year to year.

 

16.2      The granting of paid sick leave shall be subject to the following conditions and limitations:

 

(i)         An employee shall endeavour to inform the Park Manager prior to the normal commencement of work or as soon as possible following such commencing time of an inability to attend for work, indicating the nature of illness or injury and the estimated duration of the absence.

 

(ii)        Each employee unable to attend for work due to personal sickness for two or more consecutive days shall provide a doctors certificate in order to justify payment of sick leave for such period of absence.

 

17.  Annual Leave

 

17.1      Annual Leave - Full-time employees are entitled to have 4 weeks annual leave each year with part-time employees entitled to a pro-rata amount based on the average number of ordinary hours worked in the year.

 

See Annual Holidays Act 1944 (as amended).

 

17.2      Annual Leave Loading - Full-time employees will be paid a loading of 17.5% on their entitlement of 4 weeks annual leave each year.  This loading will be paid at the time of taking 2 weeks or more leave each year.  In instances where 2 weeks leave has not been taken it will be paid in the first full pay period after 1 December each year.  Part-time employees are entitled to a loading on the pro-rata amount as prescribed in Clause 17.1.  Casual employees are not entitled to leave loading.

 

18.  Long Service Leave

 

See NSW Long Service Act 1955 (as amended).

 

The Long Service Leave Act provides for an entitlement of 13 weeks of paid leave after 15 years of continuous service (with special entitlements for casual employees engaged on a regular basis). Under defined circumstances, pro-rata leave entitlements accrue after five years of continuous service and an employee may take leave after ten years of continuous service.

 

19.  Bereavement Leave

 

19.1      Full-time and part-time employees shall be entitled to a maximum of two days' leave [pro-rata for part-time] without loss of pay on each occasion and on production of satisfactory evidence of the death in Australia of the employee's husband, wife, father, mother, brother, sister, child, stepchild, grandparents or parents-in-law. For the purposes of this subclause the words "wife" and "husband" shall include de facto wife, husband or partner and the words "father" and "mother" shall include foster-father or mother and stepfather or mother.

 

19.2      Provided further, an employee on weekly hiring shall be entitled to a maximum of two days' leave without loss of pay on each occasion and on the production of satisfactory evidence of the death outside of Australia of an employee's husband, wife, father or mother and where such employee travels outside of Australia to attend the funeral.

 

20.  Personal Carer's Leave

 

20.1      Use of Sick Leave

 

(i)         An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 20.1 (iii)(b), who needs the employee's care and support, shall be entitled

 

to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 16, 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.

 

(ii)        The employee shall, if required, establish by production of a medical certificate, 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.

 

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

 

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

 

and

 

(b)       the person concerned being:

 

(1)        a spouse of the employee; or

 

(2)        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

 

(3)        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

 

(4)        a partner who lives with the employee as the de facto partner of

 

that employee on a bona fide domestic basis: or

 

(5)        a relative of the employee who is a member of the same household, where for the purposes of this subparagraph: "relative" means a person related by blood, marriage or affinity:

 

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

 

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

 

(iv)       An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable tor 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.

 

20.2      Unpaid Leave for Family Purpose

 

(i)         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 20.1 (iii)(b) who is ill.

 

20.3      Annual Leave

 

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

 

(ii)        Access to annual leave, as prescribed in paragraph (i) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this Award.

 

20.5      Make-up Time

 

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

 

21.  Parental Leave

 

See NSW Industrial Relations Act 1996, Chapter 2- Part 4- Divisions 1 & 2.

 

Parental leave provides for full-time and part-time staff to have unpaid time-off work for the purposes of maternity, paternity or adoption leave.

 

22.  Jury Service

 

An employee shall be allowed leave of absence during any period when required to attend for jury service. During such leave of absence, the employee shall be paid the difference between the jury service fees received and the employee's award rate of pay as if at work.

 

Staff shall be required to produce proof of jury service fees received and proof of the requirement to attend and attendance on jury service and shall give the employer notice of such requirements as soon as practicable after receiving notification to attend for jury service.

 

23.  Redundancy

 

See NSW Employment Protection Act 1982, as amended.

 

24.  Uniforms & Protective Clothing

 

24.1      Uniforms- Employees shall be supplied with a uniform that shall include long sleeve shirts, long trousers, safety footwear, hat. Replacement uniforms will be made available as necessary and uniforms remain the property of the issuing State Park Trust.

 

24.2      Indoor staff shall be supplied with a suitable uniform pursuant to their duties and gender.

 

24.3      Protective clothing

 

(i)         Protective sunglasses and skin protection cream shall be made available to all outdoor staff.

 

(ii)        Where necessary for the performance of their duties, staff members will be provided with suitable rubber boots, waterproof clothing, goggles, masks, gloves, aprons, or other suitable substitutes;

 

(iii)       Any member of staff issued with protective clothing will be responsible for and shall wear such clothing whilst engaged on work for which it was deemed necessary for protective clothing to be issued;

 

(iv)       Replacement clothing and equipment will be made available as necessary and will remain the property of the issuing State Park Trust.

 

25.  Occupational Health & Safety

 

See NSW Occupational Health and Safety Act 2000 No. 6 and the Regulations made thereunder.

 

26.  Transport

 

26.1      Emergency - Each Park will make transport available (free of charge) to convey to the nearest doctor or hospital, any injured employee who requires treatment at this level and is unable to travel independently for such treatment.

 

26.2      Park Business -Where a staff member uses their private vehicle at the request of the Trust for park business, re-imbursement for kilometres travelled will be paid at the rate set out in Part B , Table 2.

 

27.  Consultative Committee

 

Where 4 or more permanent staff are employed at a Park there shall be formal consultation between the Park manager and Park staff at no less than 3 monthly intervals, the principle object of such meetings being to provide an on-going review of the Park's occupational, health and safety practices and to provide an opportunity for an exchange of views with the object to establish acceptable employee/employer relationships including the facilitation of skill enhancement programs contributing to improved employee job satisfaction. Any work projects planned will also be discussed with a view to considering how best to deploy the Trust's resources. Minutes of such meetings will be prepared and displayed on that Park's Employee Notice Board.

 

28.  Notice Boards

 

Each Park will erect a suitable notice board in a prominent position for the display of notices applicable to staff. All notices placed on the board will have the approval of the Park Manager prior to being displayed. A copy of this Award will be available near the notice board.

 

29.  Superannuation

 

Superannuation contributions will be paid in accordance with the provisions of the federal Superannuation Guarantee Administration Act 1992. as amended.

 

30.  Counselling Procedure

 

With the object of creating and maintaining a high standard of employer/employees relations, no employee will be terminated (except for serious misconduct which would justify instant dismissal) unless the following procedures have been followed:

 

(i)         First Counselling (verbal): If Management considers an employee to be unsatisfactory for any reason, the employer shall inform the employee of the unsatisfactory nature of the employee's service and allow the employee the right to respond, being made aware of the fact that the conversation constitutes their 'first counselling'. If the employee so requests, a witness of the employee's choosing may be present.

 

(ii)        Second Counselling (written): If the employee in the opinion of the employer continues to be unsatisfactory, management shall again discuss with the employee, in the presence of a witness, the unsatisfactory nature of the employee's service and advise the employee that continuation of such unsatisfactory service will lead to dismissal. This will be committed to writing.

 

(iii)       Third and Final Counselling (written): If after two (2) counselling sessions and within

 

a reasonable time frame since the first and second counselling, the employer considers the employee to continue to be unsatisfactory, then the employee, in the presence of an appropriate job delegate, will be given a final warning. The nature of the unsatisfactory service must be committed to writing.

 

(iv)       Failure by the employee to respond to the final warning will result in the employee being terminated in accordance with the provisions of clause 6 -Terms of Employment.

 

At Any Stage of the Agreed Process, an Employee Shall be Free to Seek the Guidance and Advice of a Registered Industrial Organisation If They So Choose.

 

For the purposes of this Clause, ‘Management’ will mean a Park Manager within the terms of this Award or in cases where no Park Manager is employed the President for the time being of the relevant Reserve Trust.

 

31.  Dispute Settlement Procedure

 

The procedure for the resolution of industrial disputation will be in accordance with the Industrial Relations Act 1996. These procedural steps are:

 

31.1      Procedure relating to a grievance of an individual employee:

 

(i)         The employee is required to notify the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

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

 

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

 

(iv)       At the conclusion of the discussions, 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.

 

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

 

(vi)       The employee may be represented by an industrial organisation of employees at any stage of this procedure.

 

31.2      Procedure for a dispute between an employer and the employees:

 

(i)         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.

 

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

 

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

 

(iv)       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.

 

32.  Anti-Discrimination

 

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

 

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 fulfillment 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.

 

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

 

Nothing in this clause is to be taken to affect:

 

(i)         any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(ii)        offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

(iv)       a party to this Award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

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

 

33.  Portability of Entitlements

 

In circumstances where a State Park employee changes employment from one State Park to another, whether on promotion or otherwise, all their entitlements relevant to this award will be transportable.

 

(i)         With respect to annual leave, the balance of any untaken annual leave and annual leave loading will be transferred from one State Park Trust to another.  The State Park having the liability compensating the receiving State Park Trust to an amount equal to that which is owed the employee at the time of the transfer.

 

(ii)        With respect to sick leave, the employee will commence duty at the receiving Park with the balance of any untaken sick leave for that year.  The State Park receiving the employee will undertake the liability for that sick leave.

 

(iii)       With respect to long service leave, any period of continuous full time employment at another State Park, immediately before taking up duty, will be recognized as service for the purpose of long service leave computations.  The State Park Trust losing the employee will transfer to the receiving State Park Trust, any amount or amounts that have been lodged with the Treasury Managed Fund as a long service liability for that employee.  This sub-clause alone will include those circumstances wherein the employee leaves one State Park and this Award for a contract employment position at another State Park.

 

(iv)       With respect to time off in lieu of overtime, the balance of any untaken time off will be transferred from one State Park Trust to another.  The State Park having the liability compensating the receiving State Park Trust to an amount equal to that which is owed the employee at the time of the transfer.

 

In all circumstances, the choice to transfer any or all entitlements will be at the discretion of the employee who may choose to be compensated at the time in lieu of transferring those entitlements.

 

34.  Leave Reserved

 

Leave is reserved to the parties to apply as they may be advised to vary this Award, where appropriate:

 

To give effect to any agreement that may arise out of future negations between the parties to this Award and such other affected employees and a Registered Industrial Organisation.  The variations that may be sought shall include, but not be limited to a review of:

 

(i)         the inclusion of other classifications of duty to encompass employees presently employed pursuant to various other hospitality and clerical Awards and/or Agreements;

 

(ii)        optional salary sacrificing;

 

(iii)       the provision of a standard of uniform across all State Parks.

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

 

 

 

TABLE 2 - Allowances

 

Clause number	Brief Description	Amount
14.5	Meal Allowance (per meal)	$9.00
25.4(ii)	First Aid Certificate (per day)	$1.75
26.2	Use of private vehicle (per km)	$0.51

 

 

 

J. McLEAY, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.