Transport Industry -
Cash-in-Transit (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Nos. IRC 1673 and 2016 of
2008)
|
Before Commissioner
Murphy
|
26 November 2008
|
REVIEWED
AWARD
1. Delete clause 1 Wages, of the award
published 4 April 2003 (339 I.G. 63) and insert in lieu thereof the following
clause:
1. Wages
1.1 Employees shall be paid the weekly rates of
pay set out in Table 1 - Wages, of Part B, Monetary Rates.
1.2 For the purpose of computing wages,
overtime, etc., the additional amounts referred to in subclauses 2.1 and 2.2 of
clause 2, Allowances, form part of the award rate for and when the work is
performed.
1.3 The rates of pay in this award include the
adjustments payable under the State Wage Case 2008. These adjustments may be offset against:
(i) any equivalent overaward payments, and/or
(ii) award wage increases since 29 May 1991
other than safety net, State Wage Case, and minimum rates adjustments
2. Delete clause 3 Hours of Employment, and
insert in lieu thereof the following clause:
3. Hours of
Employment
3.1 The ordinary
hours of work for all employees shall not exceed 38 hours per week or 76 hours
per fortnight or 114 hours per 3 weeks or 152 hours per 4 weeks and shall be
worked between Monday and Friday inclusive.
3.2 The ordinary
hours of work prescribed in subclause 3.1 of this clause may also be worked
upon a Saturday; provided that:
3.2.1 The number of
ordinary hours to be worked on a Saturday shall not be less than 7.6 or more
than 8;
3.2.2 Employees working
ordinary hours on a Saturday shall be paid an additional 50% of the rates
prescribed for their respective classifications for the ordinary hours worked
on that day;
3.2.3 Any employee
required to work ordinary hours on a Saturday will be given a minimum of 7
days' notice; and
3.2.4 The employee must
have Sunday and Monday as days off (unless they are worked as overtime).
3.3 The ordinary
hours of work for all employees shall not exceed 8 hours per day, exclusive of
meal breaks, and shall be worked between the hours of 6:00 a.m. and 6:00 p.m.
3.4 The 38-hour week
may be worked under one of the following methods:
3.4.1 Rostered Day Off
in a 4-week Cycle
3.4.1.1 Employees
shall work to a roster drawn up in each workplace providing for 19 days each of
8 hours over a continuous 4-week period.
3.4.1.2 Each
employee shall take a rostered day off in accordance with the roster.
3.4.1.3 Rostered
days off may be accumulated to a maximum of 10 days over a 40-week period. Rostered days off may be credited to and be
taken by an employee in advance to a maximum of 5 days.
3.4.1.4 In
those arrangements where rostered days off are not accumulated, an employer
may, due to operational requirements, require an employee not to take a
rostered day off during the period it accrues.
In this event a replacement rostered day off shall be taken on the
following basis:
3.4.1.4.1 Where the
rostered day off not taken was either a Friday or Monday, the next practicable
Friday or Monday shall be taken as a replacement rostered day off.
3.4.1.4.2 Where
the rostered day off not taken was a Tuesday, Wednesday or Thursday, the
replacement rostered day off shall be taken on the first practicable day
available for the taking of such replacement rostered day off.
3.4.1.5 Otherwise,
an employee’s normal rostered day off may be changed during the currency of a
roster period by agreement between the employer and such employee. In the absence of such agreement, 48 hours'
notice of such alteration shall be given to the employee.
3.4.1.6 Calculation
of Payment
Payment shall be for 7 hours 36 minutes per day with
accrual as entitlement for a rostered day off being made on the basis of a
19-day period where an employee works 152 hours within a work cycle not
exceeding 28 consecutive days at 24 minutes per day.
3.4.1.7 An
employee whose rostered day off occurs on a pay day shall be paid wages on the
next ordinary working day following the rostered day off.
3.4.1.8 Where
an employer is required to service a particular industry or plant or section
thereof and there has been a cessation of operations resulting from annual
closedown, such employer may require employees to take a rostered day or days
off to coincide with the day or days that the operations are closed. In this event, a rostered day or days off
which would normally become due to the employee shall not become so due for the
number of days taken pursuant to the provisions of this paragraph; provided
however, that where an employee is disadvantaged in terms of leisure time by a
rostered day or days off normally falling on a Friday or Monday being required
to be taken on a Tuesday, Wednesday or Thursday, such employee shall be
rostered to take a Friday or Monday day off on the earliest practicable
opportunity upon the normal roster being resumed.
3.4.1.9 Where
an employee works an ordinary day on a Saturday pursuant to subclause 3.2 of
this clause, such employee’s rostered day off must not be rostered to occur on
a Saturday.
3.4.2 Other than a
Rostered Day Off in a 4-week Cycle
3.4.2.1 Where
an employer is required to service a particular industry or plant or section thereof
which is operating under arrangements for a reduced working week other than
that provided for in paragraph 3.4.1 of this subclause, the employer may
arrange the hours of work of an employee to be applicable to that particular
industry or plant, or section thereof; provided that such hours shall not be in
excess of the normal hours of work permitted by this clause.
3.4.2.2 The
employer may require employees to work ordinary hours over 5 days, Monday to
Friday inclusive, which shall not exceed 38 hours, which may be worked over 4
days of 8 hours each and one day of 6 hours.
On the day on which 6 hours is worked, those 6 hours may be worked
continuously without a meal break.
3.4.2.3 The
employer may require employees to work ordinary hours over a 2-week period (10
working days) Monday to Friday inclusive of not more than 76 hours. To achieve this, the employer may roster
employees off half a day (4 hours) on one of the days in one of those normal
working weeks.
3.5 More than one of
the methods of implementation of an average 38-hour working week referred to in
this clause may be simultaneously implemented for different groups of workers
in the one workplace; provided that agreement shall be reached with the
majority of employees so affected.
3.6 Methods of
implementation of an average 38-hour working week other than those referred to
in this clause may be instituted by arrangement with the Union.
3.7 In response to
changed requirements of the employer’s clients, the employer may alter the
method(s) by which a 38-hour week is worked in the workplace; provided that the
altered method(s) so chosen shall comply with the requirements of this clause.
3.8 Start and Finish
Times
3.8.1 Within the limits
prescribed in this clause, each employer shall fix the time and place at which
each employee shall be in attendance at the workplace or other agreed starting
place ready to commence work in ordinary working hours and work shall be deemed
to have commenced, for each employee in attendance, at the time and place so
fixed.
3.8.2 Working in
ordinary working hours shall be deemed to have finished, for those employees in
attendance, when a period of 8 hours, exclusive of a break for a meal,
calculated from the fixed starting time, has elapsed.
3.8.3 Different starting
times within the span of ordinary hours may apply to different groups of
employees in a workplace.
3.8.4 Any employee who
is not in attendance at the workplace or other agreed starting place ready to
commence work at the fixed starting time or who fails to attend for 8 hours
from that time shall be paid only for the actual hours worked.
3.8.5 The employer may
only alter the time and place fixed in accordance with paragraph 3.8.1 of this
subclause by notice posted for 7 days at the workplace or other agreed starting
place; provided that the start time may be changed where it is necessary for
reasons beyond the employer’s control by notification before the end of the
previous day’s work or with 24 hours' notice where work has not been performed
the previous day.
3.9 Part-time
Employees
3.9.1 A part-time
employee shall be one who is employed to work regular days and regular hours,
either of which are less than the number of days or hours worked by permanent full-time
employees, but such days shall not be less than 3 per week and such hours shall
not be less than 20 per week.
3.9.2 The spread of
hours of a part-time employee shall be as set out in subclause 3.1 of this
clause or in clause 4, Shift Work, depending upon the system of work applicable
to the employee in question.
3.9.3 The rate of pay
for a part-time employee shall be commensurate with the applicable minimum
weekly rate of pay for a permanent full-time employee proportionate to the
number of hours worked by the part-time employee.
3.9.4 Notwithstanding
anything else contained in this award, the provisions of this award with
respect to annual leave, annual leave loading, sick leave, jury service,
bereavement leave and public holidays shall apply to part-time employees.
3.9.5 Part-time
employment may be offered on a fully voluntary basis to any existing employee,
permanent or casual, as well as to new or intending employees.
3.9.6 Part-time
employees may be offered additional work up to 38 hours per week at ordinary
pay; provided that overtime rates are paid after 8 hours' work in any one day.
3. Delete the
first paragraph in clause 38, Area, Incidence and Duration and insert in lieu
thereof the following:
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 26 November 2008.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
4. Delete Part B Monetary Rates, and insert
in lieu thereof the following:
PART B
MONETARY RATES
Note: In the
tables extracted below, ‘SWC’ refers to State Wage Case decisions in previous
years that have been incorporated into the award.
Table 1 - Wages
|
Classification
|
SWC 2006
|
SWC 2007:
|
SWC 2008
|
|
|
|
Applicable from the
|
Applicable from the
|
|
|
|
first pay period
|
first pay period
|
|
|
|
commencing on or
|
commencing on or
|
|
|
|
after 1 December 2008
|
after 1 October 2009
|
|
|
$
|
$
|
$
|
|
Cash
transportation worker excluding
|
640.05
|
660.05
|
686.45
|
|
non-armoured
vehicle operator
|
|
|
|
|
Non-armoured
vehicle operator
|
640.05
|
660.05
|
686.45
|
Table 2 - Other Rates And Allowances
|
Item
|
Clause
|
Brief Description
|
SWC 2006
|
SWC 2007
|
SWC 2008
|
|
No.
|
No.
|
|
|
Applicable
|
Applicable
|
|
|
|
|
|
from the
|
from the
|
|
|
|
|
|
first pay
|
first pay
|
|
|
|
|
|
period
|
period
|
|
|
|
|
|
commencing
|
commencing
|
|
|
|
|
|
on or after
|
on or after
|
|
|
|
|
|
1 December
|
1 October
|
|
|
|
|
|
2008
|
2009
|
|
|
|
|
$
|
$
|
$
|
|
1
|
2.1
|
Carry keys
to two key safes or possess
|
2.97
|
3.09
|
3.21
|
|
|
|
and use
knowledge of vault combinations
|
|
|
|
|
2
|
2.2
|
Performing
mobile cash units (MCU)
|
6.02
|
6.26
|
6.51
|
|
|
|
country
|
|
|
|
|
|
|
Work
|
|
|
|
|
3
|
2.3.1
|
Readiness to
work with off-site
|
|
|
|
|
|
|
automatic
|
|
|
|
|
|
|
teller
machines outside ordinary hours
|
|
|
|
|
|
|
-
|
|
|
|
|
|
|
Monday to
Friday inclusive
|
18.76
|
19.51
|
20.29
|
|
|
|
Saturday,
Sunday and public holidays
|
46.92
|
48.80
|
50.75
|
|
4
|
2.3.3
|
Using own
vehicle when on recall
|
0.45
|
0.47
|
0.49
|
|
5
|
2.4
|
First aid
|
2.22
|
2.30
|
2.40
|
|
6
|
2.5
|
Employees
engaged on Reserve Bank
|
10.80
|
11.23
|
11.68
|
|
|
|
work
|
|
|
|
|
7
|
4.7
|
Meal
allowance
|
11.50
|
12.01
|
12.56
|
|
8
|
10.5
|
Meal
allowance
|
10.78
|
11.26
|
11.77
|
* NB. Items 7
and 8 are CPI based allowances (up to September Quarter Period 2008).
5. The rates and allowances provided by ‘SWC
2007’ shall take effect on and from the first pay period commencing on or after
1 December 2008. The rates and allowances provided by ‘SWC 2008’ shall take
effect from the first pay period commencing on or after 1 October 2009.
J.
P. MURPHY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.