Sydney Water Award 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Sydney Water Corporation Limited.

 

(No. IRC 6549 of 2005)

 

 

VARIATION

 

1.          Delete clause 15, Called to Work After Hours, from the Index of the award published 13 January 2006 (356 I.G. 1) and insert in lieu thereof the following:

 

15.       Work After Hours (Other Than Planned Overtime)

 

2.          Delete clause 15, Called to Work After Hours, and insert in lieu thereof the following:

 

15.  Work After Hours (Other Than Planned Overtime)

 

15.1      GENERAL

 

(a)        Any time worked by an employee in accordance with this clause will not contribute toward the calculation of that employee's ordinary hours.

 

(b)        This clause will not apply to those employees listed as ineligible to receive overtime payments under Clause 14 (Overtime).

 

(c)        No payment shall be made under this clause where the Employee is not in the required degree of readiness to respond to a call to duty.

 

15.2      PHYSICAL CALL OUT

 

(a)        This subclause shall apply where an Employee is:

 

(i)         Recalled to perform unplanned work after leaving the Employer’s premises; and

 

(ii)        Such recall occurs after the Employee’s usual ceasing time and before 6am; and

 

(iii)       The Employee is required to travel to a Sydney Water site/location to attend to the matter being the subject of the call-out ("a Physical Call out").

 

(b)        Employees physically called back to work after the usual ceasing time and before 6.00 a.m. on the next working day will be paid a minimum of four (4) hours at the appropriate overtime rates.

 

(c)        Any further call outs within the four (4) hour period set by the first call are covered by the initial four (4) hour payment.

 

(d)        Call outs after the initial four (4) hours are paid at the appropriate overtime rate for the actual time of the call out.

 

(e)        Payment will be calculated from the time the employees leave home to attend the call out until they return. However time spent travelling does not constitute work for the purposes of Clause 13 - Rest Breaks.

 

15.3      REMOTE ACCESS WORK

 

(a)        This subclause shall apply where an Employee is:

 

(i)         Required to perform unplanned work after leaving the Employer’s premises; and

 

(ii)        Such requirement occurs after the usual ceasing time and before 6am; and

 

(iii)       The Employee is not required to travel to a Sydney Water site/location but attends to the matter by accessing a Sydney Water electronic information system ("Remote Access Work").

 

(b)        This subclause shall only apply where the Employee has the approval of their line manager, or other authorised representative of the Employer, to perform such work.

 

(c)        An employee required to work overtime on remote access work shall be paid:

 

(i)         a minimum of 2 hours at overtime rates for the first remote access work job received in a standby period.

 

(ii)        a minimum of 1 hour at overtime rates for jobs received after the initial 2 hour period.

 

(d)        Any further remote access work required within the payment period set by each call shall not attract any additional payment.

 

(e)        No meal allowances are payable when performing Remote Access Work.

 

(f)         Where a job initially received as remote access work job is found to require attendance at the work site, the minimum payment for remote access work will not apply. The minimum payment for physical callout will apply from the time the job was initially received.

 

3.          Delete subclause 16.5 Overtime, of clause 16, Stand-By and insert in lieu thereof the following:

 

16.5      OVERTIME

 

Any overtime worked whilst on stand-by will be paid in accordance with the provisions of the Clause 14 (Overtime) or Clause 15 (Work After Hours (Other Than Planned Overtime)) as appropriate, and will be in addition to any standing by payment.

 

4.          Subclauses 15.1 and 15.2 will operate on or from 17 March 2006.

 

5.          Subclause 15.3 will be varied as at 17 March 2006 but the provision 15.3 will not apply until on or from 17 September 2006.

 

6.          The variation and subclause 16.5 will operate on or from 17 March 2006.

 

 

 

R. P. BOLAND  J.

 

 

 

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Printed by the authority of the Industrial Registrar.