Waste Recycling and Processing
Corporation (Salaries and Conditions of Employment 2008) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1684 of 2008)
Before Commissioner
Ritchie
|
11 December 2008
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Parties to
the Award
5. Statement
of Intent
6. Coverage
7. Rates of
Pay
8. Payment of
Salaries
9. Local
Arrangements
10. Working
Hours
11. Morning and
Afternoon Breaks
12. Meal Breaks
13. Variation
of Hours
14. Natural
Emergencies and Major Transport Disruptions
15. Assistance
with Transport
16. Notification
of Absence from Duty
17. Public
Holidays
18. Standard
Working Hours
19. Flexible
Working Hours
20. Overtime
Relating to Work Hours
21. Non-Compliance
22. Creating
and Filling Positions
23. Part-time
Employment
24. Job Share
Arrangements
25. Temporary
Staff Member
26. Overtime
27. Overtime -
General
28. Overtime
Worked by Day Workers
29. Recall to
Duty
30. On Call
(Stand-by)
31. Overtime
Meal Breaks
32. Overtime
Meal Allowances
33. Rate of
Payment for Overtime
34. Payment for
Overtime or Leave in Lieu
35. Compensation
for Additional Hours Worked by Duty Officer, State Emergency Services
36. Calculation
of Overtime
37. Review of
Overtime Meal Allowances
38. Higher
Duties and Acting Allowances
39. Public
Holidays
40. First Aid
Allowance
41. Travelling
Compensation - Excess Travelling Time
42. Waiting
Time
43. Travelling
Allowances - General
44. Meal
Expenses on One Way Journeys
45. Travelling
Allowances when staying in Non Government Accommodation
46. Travelling
Allowances when staying in Government Accommodation
47. Restrictions
on Payment of Travelling Allowances
48. Increase or
Reduction in Payment of Travelling Allowance
49. Production
of Receipts
50. Travelling
Distance
51. Allowance
Payable for Use of Private Motor Vehicle
52. Compensation
for Loss or Damage to Private Property
53. Leave -
General Provisions
54. Absence
from Work
55. Applying
for Leave
56. Adoption
Leave
57. Extended
Leave
58. Family and
Community Service Leave
59. Leave
Without Pay
60. Maternity
Leave
61. Military
Leave
62. Observance
of Essential Religious or Cultural Obligations
63. Parental
Leave
64. Recreation
Leave
65. Annual
Leave Loading
66. Sick Leave
67. Sick Leave
- Requirements for Medical Certificate
68. Sick leave
to Care for a Family Member
69. Sick Leave
- Workers Compensation
70. Sick Leave
- Claims Other Than Workers Compensation
71. Special
Leave with Full Pay
72. Personal
and Professional Development and Training Activities
73. Study Time
74. Study Leave
75. Trade Union
Activities Regarded as on Duty
76. Trade Union
Activities Regarded as Special Leave
77. Trade Union
Training Courses
78. Conditions
Applying to On Loan Arrangements
79. Period of
Notice for Trade Union Activities
80. Access to
Facilities by Trade Union Delegates
81. Responsibilities
of the Trade Union Delegate
82. Responsibilities
of the Trade Union
83. Responsibilities
of Workplace Management
84. Right of
Entry Provisions
85. Travelling
and Other Costs of Trade Union Delegates
86. Industrial
Action
87. Consultation
and Technological Change
88. Deduction
of Union Membership Fees
89. Protective
Clothing
90. Flexible
Work Practices
91A. Salary
Sacrifice for Superannuation
91B. Salary
Sacrifice - General
92. Probation
93. Performance
Management
94. Managing
Unsatisfactory Performance or Misconduct
95. Grievance
and Dispute Resolution Procedures
96. Redundancy
97. Anti-Discrimination
98. Savings and
Transitional
99. No Extra
Claims
100. Relationship
to other Awards
101. Review of
Allowances Payable in Terms of this Award
102. Family
Provisions
103. Secure
Employment - Occupational Health and Safety
104. Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Allowances
2. Title
This Award shall be known as the Waste Recycling and
Processing Corporation (Salaries and Conditions of Employment 2008) Award.
3. Definitions
"Accident Pay" means a weekly amount equal to the
difference between workers' compensation payments and the staff member’s normal
rate of pay.
"Act" means the Waste Recycling and Processing
Corporation Act 2001.
"Approval" means the appropriate approval given by
a staff member of the Corporation with the appropriate and legitimate delegated
authority by the Corporation to do so.
"At the convenience of" means the operational
requirements permit the staff member's release from duty or that satisfactory
arrangements are able to be made for the performance of the staff member's
duties during the absence.
"Birth" includes Stillbirth.
"Call Back (Return to Duty)" means those occasions
when a staff member is directed to return to duty outside the staff member’s
ordinary hours or outside the bandwidth in the case of a staff member working
under a flexible Hours of Work scheme.
"Casual staff member" means a person engaged on a
day-to-day basis and paid accordingly.
"Casual rate" means the appropriate rate payable
in respect of a motor vehicle maintained by the staff member for private
purposes but which the staff member may elect to use with the approval of the
Chief Executive Officer or nominee for occasional travel on official business,
subject to the allowance paid for such travel not exceeding the cost of travel
by public or other available transport.
"Chief Executive Officer or nominee" means the CEO
or their nominee of the Corporation, or nominee, with delegated authorities
under the Act.
"Contract hours for the day" for a full time staff
member, means one fifth of the full time contract hours, as defined in this
award. For a part time staff member,
contract hours for the day means the hours usually worked on the day.
"Corporation " means the Waste Recycling and
Processing Corporation, as established under the Act.
"Corporation" and "Employer' shall mean the
Corporation.
"Daily span of hours" means, for a staff member
required to work standard hours, the full time standard hours defined in this
award. For a staff member required to
work flexible hours, the "daily span of hours" means the hours which
normally fall within the bandwidth of the scheme applicable to the staff member
and which do not attract payment for overtime, unless otherwise prescribed in
this award.
"Examination Leave" means time allowed off from
normal duties granted on full pay to staff members undertaking examinations in
an approved part time course.
"Expected date of birth" means a date specified by
a Medical Practitioner to be the date on which the Medical Practitioner expects
the staff member to give birth as a result of pregnancy, in relation to a
female staff member who is pregnant, or, in the case of adoption, to the date
that the staff member takes custody of the child concerned.
"Flexible working hours credit" means the time
exceeding the contract hours for a settlement period and includes any time
carried over from a previous settlement period or periods.
"Flexible working hours debit" means the contract
hours not worked by a staff member and not covered by approved leave during the
settlement period, as well as any debit carried over from the previous
settlement period or periods.
"Flexible working hours scheme" means the scheme
outlined in Flexible Working Hours clause of this award which enables staff
members, subject to operational requirements, to select their starting and
finishing times.
"Flexible Work Practices, Policy and Guidelines"
means the document negotiated between the Public Employment Office, Unions NSW
(formerly the Labor Council of New South Wales) and affiliated unions which
enables staff members to rearrange their work pattern.
"Flex leave" means a period of leave available to
be taken by a staff member as specified in subclause (o) of the Flexible
Working Hours clause in this award.
"Full day" means the standard full time contract
hours for the day, i.e., seven or eight hours depending on the classification
of the staff member.
"Full pay" or "half pay" means the staff
member's ordinary rate of pay or half the ordinary rate of pay respectively.
"Full-time contract hours" means the standard
weekly hours, that is, 35 hours per week, required to be worked as at the date
of this award.
"Half day" means half the standard contract hours
for the day.
"Joint Consultative Committee" means the formal
committee established between the Corporation and the unions for the purpose of
consulting on Workplace matters.
"Local Arrangement" means an agreement reached at
the organisational level between the Chief Executive Officer or nominee and the
relevant trade union in terms of the Local Arrangements clause in this award.
"Normal hours of duty" means:
for a staff member working standard hours - the fixed hours
of duty, with an hour for lunch, worked in the absence of flexible working
hours;
for a staff member working under a flexible working hours
scheme or local arrangement negotiated under the Local Arrangements clause in
this award - the hours of duty the Chief Executive Officer or nominee requires
a staff member to work within the bandwidth specified under the flexible
working hours scheme or local arrangement.
"Normal work" means, for the purposes of the
Grievance and Dispute Settling Procedures clause of this award, the work
carried out in accordance with the staff member’s position or job description
at the location where the staff member was employed, at the time the grievance
or dispute was notified by the staff member.
"On duty" means the time required to be worked for
the Corporation.
For the purposes of the Trade Union Activities clause of
this Award, "on duty" means the time off with pay given by the
Corporation to the accredited Trade Union delegate to enable the delegate to
carry out legitimate Trade Union activities during ordinary work hours without
being required to lodge an application for leave.
"Official business rate" means the appropriate
rate of allowance payable for the use of a private motor vehicle where no other
transport is available and such use is directed by the Chief Executive Officer
or nominee agreed to by the staff member or where the staff member is unable to
use other transport due to a disability.
"Ordinary hours" means the ordinary hours worked
by staff members in an ordinary working day or week to a maximum of 35 hours
per week.
"Ordinary rate of pay" means the sum ascertained
by dividing the basic annual salary by 260.8929 to give you a daily rate, then
dividing this figure by the number of ordinary hours specified for that
position.
"Overtime" means as defined in the overtime clause
in this award.
"Part-time Course" shall mean a course undertaken
concurrently with employment and shall include courses involving face to face
or oral instruction and those conducted externally to the institution through
correspondence study.
"Part-time Staff member" means a permanent or
temporary staff member whose agreed hours are less than full time hours.
"Staff Development and Training" shall mean short
educational and professional training courses, conducted by either the
Corporation or an external institution or body.
"Staff Member" means a person employed by the
Corporation, as specified in clause 6, Coverage, of this award.
"Standard Hours" shall be as per the office hours
specified in this award unless otherwise determined by the Chief Executive
Officer or nominee.
"Study Accumulation" shall mean the aggregation of
short periods of study time granted for private study purposes.
"Study Time" shall mean time allowed off from
normal duties granted on full pay to staff members who are studying in approved
part-time courses.
"Time-in-Lieu" means paid time taken off work
during ordinary hours, in lieu of payment for overtime worked.
"Union" or "Trade Union" means Public
Service Association and Professional Officers Association Amalgamated Union of
New South Wales and / or the Association of Professional Engineers Managers and
Scientists Australia having regard to their respective coverage.
4. Parties to the
Award
This Award is made between the Corporation and the Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales (PSA) and the Association of Professional Engineers, Scientists
and Managers, Australia (APESMA).
5. Statement of
Intent
(a) The Parties are
committed to the development of professional and proactive work practices to
provide the framework for the Corporation to be a successful business in a
highly competitive commercial market.
(b) The continuing
development of an organisational culture that supports consultation,
co-operation and participation in workplace relations matters by the parties
will be an important factor in the organisation’s ability to respond to market
pressures and changes.
6. Coverage
(a) This Award shall
cover all staff members employed by the Corporation in the classifications
specified in Table 1 of Part B - Monetary Rates of the Award, unless otherwise
specified in this award.
(b) This Award shall
not cover consultants, contractors, senior executive staff on individual
employment contracts or staff engaged on work experience or accredited
traineeships.
7. Rates of Pay
(a) The rates of pay
shall be those as prescribed in Table 1 - Salaries, of Part B, Monetary Rates.
(b) The rates of pay
outlined in Table 1 - Salaries, provide for the following increases to apply:
(i) 4% increase
from the first full pay period to commence on or after 1 July 2008;
(ii) 4% increase
from the first full pay period to commence on or after 1 July 2009.
(c) The salary
increases in subclauses (b) are based on the commitment of the Parties and
staff members to continued reform for the period 1 July 2008 to 30 June
2010.. Specific initiatives to which
the parties commit are as follows:
(i) Automation of
IPOS Purchasing Workflow as scheduled
(ii) Automation of
invoicing and information processing for the Collections part of WSN’s business
as scheduled;
(iii) Implementation
of the Business Intelligence Tool for report generation as scheduled;
(iv) Reduction of one
independent contractor from Finance / IT by 30 June 2010.
8. Payment of
Salaries
Salaries shall be paid to all staff members of the
Corporation on a fortnightly basis through Electronic Funds Transfer unless
otherwise agreed.
9. Local Arrangements
(a) Local
Arrangements may be negotiated between the Chief Executive Officer or nominee
and the unions in respect of the whole Corporation or part of the Corporation.
(b) All Local
Arrangements or variations negotiated between the Chief Executive Officer or
nominee and the relevant union(s) must be contained in a formal document, such
as a co-lateral agreement, memorandum of understanding, and a variation to this
award or enterprise agreement.
(c) Subject to the
provisions of subclause (b) of this clause, nothing in this clause shall
prevent the negotiation of local arrangements between the Chief Executive
Officer or nominee and the relevant union(s) in respect of the provisions
contained in the Flexible Work Practices clause of this Award, where the
conditions of employment of any group are such that the application of the work
hours arrangements would not be practicable.
10. Working Hours
(a) The working
hours of staff and the manner of their recording, shall be as determined from
time to time by the Corporation. Such
direction will include the definition of full time contract hours.
(b) The staff member
in charge of a division or branch of the Corporation will be responsible to the
Chief Executive Officer or nominee for the proper observance of hours of work
and for the proper recording of such attendance.
(c) The Corporation
may require a staff member to perform duty beyond the hours determined under
subclause (a) of this clause but only if it is reasonable for the staff member
to be required to do so.
A staff member may refuse to work additional hours in
circumstances where the working of such hours would result in the staff member
working unreasonable hours. In
determining what is unreasonable, the following factors shall be taken into
account:
(1) the staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements,
(2) any risk to
staff member health and safety,
(3) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
(4) the notice (if
any) given by the Chief Executive Officer or nominee regarding the working of
the additional hours, and by the staff member of their intention to refuse the
working of additional hours, or
(5) any other
relevant matter.
(d) The application
of hours of work is subject to the provisions of this clause.
(e) The ordinary
hours may be standard or flexible and may be worked on a full time or part-time
basis.
(f) The Corporation
shall ensure that all staff members employed are informed of the hours of duty
required to be worked and of their rights and responsibilities in respect of
such hours of duty.
(g) The normal hours
of work shall be 35 hours per week unless otherwise determined by the Chief
Executive Officer or nominee in accordance with subclause (a) of this clause.
11. Morning and
Afternoon Breaks
Staff members may take a 10 minute morning break, provided
that the Discharge of public business is not affected and, where practicable,
they do so out of the view of the public contact areas. Staff members may also take a 10 minute
afternoon break, subject to the same conditions as apply to the morning break.
12. Meal Breaks
Meal breaks must be given to and taken by staff
members. No staff member shall be
required to work continuously for more than 5 hours without a meal break,
provided that:-
(1) where the
prescribed break is more than 30 minutes, the break may be reduced to not less
than 30 minutes if the staff member agrees.
If the staff member requests to reduce the break to not less than 30
minutes, the reduction must be operationally convenient; and
(2) where the nature
of the work of a staff member or a group of staff members is such that it is not
possible for a meal break to be taken after not more than 5 hours, local
arrangements may be negotiated between the Corporation and the relevant trade
union to provide for payment of a penalty.
13. Variation of
Hours
If the Corporation is satisfied that a staff member is
unable to comply with the general hours operating in the organisation because
of limited transport facilities, urgent personal reasons, community or family
reasons, the Chief Executive Officer or nominee may vary the staff member's hours
of attendance on a one off, short or long-term basis, subject to the following:
(1) the variation
does not adversely affect the operational requirements;
(2) there is no
reduction in the total number of daily hours to be worked;
(3) the variation is
not more than an hour from the commencement or finish of the span of usual
commencing and finishing time;
(4) a lunch break of
one hour is available to the staff member, unless the staff member elects to
reduce the break to not less than 30 minutes;
(5) no overtime or
meal allowance payments are made to the staff member, as a result of an
agreement to vary the hours;
(6) ongoing
arrangements are documented; and
(7) the relevant
trade union is consulted, as appropriate, on any implications of the proposed
variation of hours for the work area.
14. Natural
Emergencies and Major Transport Disruptions
A staff member prevented from attending work at a normal
work location by a natural emergency or by a major transport disruption may:
(1) Apply to vary the
working hours as provided in the Variation of Hours clause of this award and/or
(2) negotiate an
alternative working location with the Corporation; and/or
(3) take available
family and community service leave and/or flex leave, recreation or extended
leave or leave without pay to cover the period concerned.
15. Assistance With
Transport
The extent of any assistance by the Corporation with
transport of a staff member between the workplace and residence or part of the
distance involved, shall be determined by the Chief Executive Officer or
nominee according to the provisions contained in the Provision of Transport in
conjunction with Working of Overtime clause of this award.
16. Notification of
Absence from Duty
(a) If a staff
member is to be absent from duty, other than on authorised leave, the staff
member must notify the supervisor, or must arrange for the supervisor to be
notified, as soon as possible, of the reason for the absence.
(b) If a staff
member is absent from duty without authorised leave and does not provide an
explanation of the absence to the satisfaction of the appropriate Chief
Executive Officer or nominee, the amount representing the period of absence
shall be deducted from the staff member's pay.
17. Public Holidays
(a) Unless directed
to attend for duty by the Chief Executive Officer or nominee, a staff member is
entitled to be absent from duty on any day which is:
(1) a public holiday
throughout the State; or
(2) a local holiday
in that part of the State at or from which the staff member performs duty; or
(3) a day between
Boxing Day and New Year's Day determined by the Chief Executive Officer or
nominee as a public service holiday.
(b) A staff member,
who is required by the Chief Executive Officer or nominee to work on a local
holiday may be granted time off in lieu on an hour for hour basis for the time
worked on a local holiday.
(c) If a local
holiday falls during a staff member's absence on leave, the staff member is not
to be credited with the holiday.
18. Standard Working
Hours
(a) Standard hours
are set and regular with an hour for lunch and, if worked by the staff member
under a flexible working hours scheme, would equal the contract hours required
to be worked under the scheme. Standard hours could be full time or part-time.
(b) Urgent Personal
Business - Where a staff member requires to undertake urgent personal business,
appropriate leave or time off may be granted by the Chief Executive Officer or
nominee. Where time off has been granted,
such time shall be made up as set out in subclause (d) of this clause.
(c) Late Attendance
- If a staff member is late for work, such staff member must either take
appropriate leave or, if the Chief Executive Officer or nominee approves, make
the time up in accordance with subclause (d) of this clause.
(d) Making up of
Time - The time off taken in circumstances outlined in subclauses (b) and (c)
of this clause must be made up at the earliest opportunity. The time may be made up on the same day or
on a day or days agreed to between the staff member and the Chief Executive
Officer or nominee.
19. Flexible Working
Hours
(a) Unless local
arrangements have been negotiated as provided in the Local Arrangements clause
of this award, a flexible working hours scheme in terms of this subclause may
operate in the Corporation or a section of the Corporation, subject to
operational requirements, as determined by the Chief Executive Officer or
nominee.
(b) Where the
operational requirements allow, the working of flexible hours under a flexible
working hours scheme operating in the Corporation shall be extended to a staff
member working under a part time work arrangement. Except for provisions contained in subclauses (j) and (l) of this
clause, all other provisions under this subclause shall be applied pro rata to
a staff member working under a part time work arrangement.
(c) Exclusions -
Flexible working hours shall not apply to staff members who work:
permanent standard hours; or
according to a shift roster.
(d) Attendance - A
staff member's attendance outside the hours of a standard day but within the
bandwidth shall be subject to the availability of work.
(e) Bandwidth - The
bandwidth shall be between the hours of 7.00 am and 6.00 pm Monday to Friday,
unless a different time span has been negotiated under a local arrangement in
terms of the Local Arrangements clause of this award.
Within the bandwidth, no more than 10.5 hours may be
credited in any one day.
(f) Coretime - The
coretime shall be between the hours of 9.30 am and 3.30 pm Monday to Friday,
excluding the lunch break, unless other arrangements have been negotiated under
a local arrangement in terms of the Local Arrangements clause of this award.
Coretime may be varied by special arrangement with
Managers to 1000 to 1500 hours.
(g) Lunch break -
The standard lunch period shall be 1 hour. With the approval of the supervisor,
the lunch period may be extended by the staff member up to 2 and 1/2 hours or
reduced to not less than 30 minutes within the span of hours determined by the
Chief Executive Officer or nominee.
Where a local arrangement has been negotiated in terms of the Local
Arrangements clause of this award, the lunch break shall be taken in accordance
with such local arrangement.
(h) Settlement
period - Unless a local arrangement has been negotiated in terms of the Local
Arrangements clause of this award, the settlement period shall be 3 calendar
months i.e. 1 January to 31 March.
(1) For time
recording purposes the settlement period and flex leave must coincide.
(2) Where
exceptional circumstances apply, e.g., prolonged transport strikes, adverse
weather conditions and the like, the Chief Executive Officer or nominee may
extend the affected settlement period.
(i) Contract hours
- The contract hours for a settlement period shall be calculated by multiplying
the staff member's weekly contract hours by the number of weeks in a settlement
period.
(j) Flexible
working hours credit - A staff member may carry a maximum of 10 hours credit
into the next period. Time accumulated in excess of 10 hours at the end of a
settlement period shall be forfeited. Local arrangements in terms of the Local
Arrangements clause of this award may be negotiated in respect of the carry
over of the maximum flexible hours credit and the banking of any accumulated
time.
(k) The Corporation
shall ensure that a staff member does not constantly forfeit excess credit
hours at the conclusion of settlement periods as a result of reasonable
requests for flex leave being refused or the staff member being directed by the
supervisor to work long hours within the bandwidth.
(l) Flexible
Working Hours Debit - The following provisions shall apply to the carry over of
flexible working hours debits, unless a local arrangement has been negotiated
in terms of the Local Arrangements clause of this award:
(1) A debit of up to
10 hours at the end of a settlement period may be carried over into the next
period;
(2) Where the debit
exceeds 10 hours, the excess will be debited as leave without pay, unless the
staff member elects to be granted available recreation or extended leave to
offset the excess.
(3) Any debit of
hours outstanding on a staff member's last day of duty is to be deducted from
any unpaid salary or the monetary value of accrued recreation/extended leave.
(m) Cessation of duty
- A staff member may receive payment for a flex day accrued and remaining
untaken or not forfeited on the last day of service:
(1) where the staff
member's services terminate without a period of notice for reasons other than
misconduct; or
(2) where an
application for flex leave which would have eliminated the accumulated day or
days was made during the period of notice of retirement or resignation and was
refused; or
(3) in such other
circumstances as have been negotiated between the Chief Executive Officer or
nominee and the relevant trade union(s) under a local arrangement in terms of
the Local Arrangements clause of this award.
(n) Statement of
Intent
(1) This agreement
aims to improve organisational performance and flexibility for all staff
members. Achievement of these
objectives will ensure that there is an appropriate balance between work and
personal commitments. The parties recognise
that this will occur if all staff members and their supervisors understand and
accept the spirit of the agreement, as well as its operation, and respect the
needs of the organisation and individual staff members.
(2) The flexible
working arrangement applies to all staff (excepting those covered by an
existing Industrial Agreement) and operates in conjunction with the following
principles by:
(i) The
arrangements described below commit all staff members to ensuring that
operational and client service requirements are met.
(ii) Actual working
hours and patterns of work will be decided by mutual agreement between the
staff member and their supervisor.
(3) Decisions
regarding working hours and patterns of work will be made by taking into
account:
(i) organisational
requirements of WSN Environmental Solutions.
(ii) the personal commitments/needs
of the individual.
(o) Flex leave -
Subject to operational requirements, four days may be taken each Settlement
Period provided:
(1) a maximum of 2
flexidays may be taken together.
(2) a maximum of 13
flexidays per annum applies. This
period is calculated from 1 July to 30 June.
Flex leave may be taken on consecutive working
days. Half-day absences may be combined
with other periods of authorised leave. Local arrangements in respect of the
taking of flex leave may be negotiated in terms the Local Arrangements clause
of this award.
(p) Absence during
coretime - Where a staff member needs to take a short period of authorised
leave within coretime, other than flex leave, the quantum of leave to be
granted shall be determined according to the provisions contained in the
Absence from Work clause of this award.
(q) Standard hours -
Notwithstanding the provisions of this clause, the Chief Executive Officer or
nominee may direct the staff member to work standard hours and not flexible
hours:
(1) where the Chief
Executive Officer or nominee decides that the working of flexible hours by a
staff member or members does not suit the operational requirements of the
Corporation or section of the Corporation, the relevant union shall be
consulted, where appropriate; or
(2) as remedial
action in respect of a staff member who has been found to have deliberately and
persistently breached the flexible working hours scheme.
(r) Easter
concession - Staff members who work under a flexible working hours scheme may
be granted, subject to the convenience of the Corporation, an additional half
day's flexleave on the Thursday preceding the Good Friday public holiday.
(s) Any grievances
arising from this flexible working hours agreement shall be resolved using the
existing Grievance Resolution Procedures in this award.
20. Overtime Relating
to Work Hours
Officers shall be eligible for overtime if:
(1) they are
directed to do so before or after the agreed Bandwidth by a supervisor; or
(2) they are
directed to work beyond 8 hours (excluding a meal break) on a particular day.
Any overtime worked must be confirmed later in writing on the overtime claim
form and signed by a supervisor.
21. Non-Compliance
In the event of any persistent failure by a staff member to
comply with the hours of duty required to be worked, the Chief Executive
Officer or nominee, shall investigate such non-compliance as soon as it comes
to notice and shall take appropriate remedial action according to the
Corporation’s Managing Unsatisfactory Performance and Misconduct Policy and
Guidelines.
22. Creating and
Filling Positions
(a) The Chief
Executive Officer or nominee shall create and abolish positions as required to
meet the business needs of the organisation in accordance with the Act.
(b) The Chief
Executive Officer or nominee may classify and grade positions using accredited
job evaluation methodology.
(c) The filling of
positions shall be in accordance with the principles of Equal Employment
Opportunity (EEO) and Merit Selection.
(d) All appointments
are subject to the approval of the Chief Executive Officer or nominee.
23. Part Time
Employment
(a) The Corporation
may employ persons on a part time basis.
(b) A part time
staff member for all purposes of the Award, is entitled to the same terms and
conditions as a full time staff member, provided that in all cases entitlement
is determined on a pro rata basis.
(c) The number of
hours worked per week shall be mutually agreed between the staff member
concerned and the Chief Executive Officer or nominee or their nominee.
(d) Once the hours
are agreed upon, any time worked at the direction of the Chief Executive
Officer or nominee in excess of the hours of a full time position shall be
deemed to be overtime and the overtime provisions of this Award shall apply.
(e) Part time
employment shall not work to the detriment of full time staff members and no
full time staff member shall be required to work part time.
(f) A person who is
initially employed to work part time may elect to work full time at any time
subject to the Corporation convenience and the availability of work for the
classification and grade of the position.
(g) A full time
person who elects to work part time for a set period will be guaranteed the
right of return to full time work at the end of the period provided that this
is specified and negotiated at the outset.
(h) Full time staff
members who elect to work part time and who have not specified that they wish
to return to full time work may elect to return to work full time subject to
the Corporation convenience.
24. Job Share
Arrangements
(a) Job Share is a
voluntary arrangement in which one job is shared amongst part-time staff
members.
(b) Staff members
may job share under this Award where the Chief Executive Officer or nominee
approves it.
(c) Job Share
arrangements are required to be formalised in the same way the part time work
arrangements are outlined in an agreement - This agreement shall be called a
job share agreement.
(d) Job Sharers
perform the role of one job and the workload and performance expectations
should be similar to what would be expected if one staff member were performing
the job.
25. Temporary Staff
Member
(a) The Chief
Executive Officer or nominee or nominee may, if of the opinion that it is
necessary to do so, employ temporarily a person who has appropriate
qualifications to carry out work in the Corporation.
(b) The salary,
terms and conditions of employment for a temporary staff member shall be
prescribed in a letter of offer that outlines the period of temporary
employment or for the duration of completion of a project.
(c) Notwithstanding
(b) above, the Chief Executive Officer or nominee may dispense with the
services of a temporary staff member at any time in accordance with the terms
of engagement.
(d) The Corporation
may appoint a long-term temporary staff member to a permanent position with the
approval of the Chief Executive Officer or nominee.
(e) For the purposes
of subclause (d), a long-term temporary staff member is a temporary staff
member whose employment as such a staff member falls within a continuous
employment period of at least 2 years.
(f) A
recommendation for the appointment of a long-term temporary staff member to a
staff member’s position may be made only if each of the following requirements
is satisfied:
(1) The duties of
the position concerned must be substantially the same as the duties performed
by the staff member at the time of the staff member's initial employment on
merit.
(2) The rate of
salary or wages proposed to be payable to the holder of the position concerned
at the time of appointment must not exceed the maximum rate payable for WSN
Officer Level 12.
(3) The Chief
Executive Officer or nominee must be satisfied that on-going work is available
in respect of the staff member.
(4) The Chief
Executive Officer or nominee must be satisfied that the staff member has the
relevant skills, qualifications, experience, work performance standards and
personal qualities to enable the staff member to perform the duties of the
position concerned,
(5) The staff member
must (initially or at some later stage) have been employed as a temporary staff
member in some form of open competition involving the selection of the staff
member as the person who, in the opinion of the then Chief Executive Officer or
nominee, had the greatest merit among candidates for appointment.
26. Overtime
The payment of overtime shall at all times only be made
where a staff member is either directed or approved to work overtime. Unauthorised overtime will not be paid.
27. Overtime -
General
(a) A staff member
may be directed by the Chief Executive Officer or nominee to work overtime,
provided it is reasonable for the staff member to be required to do so.
(b) A staff member
may refuse to work overtime in circumstances where the working of such overtime
would result in the staff member working unreasonable hours.
(c) In determining
what is unreasonable the following factors shall be taken into account:
(1) the staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements,.
(2) any risk to
staff member health and safety,
(3) the urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services,
(4) the notice (if
any) given by the Chief Executive Officer or nominee regarding the working of
the overtime, and by the staff member of their intention to refuse overtime, or
(5) any other
relevant matter.
(d) Payment for
Overtime Shall be Made Only Where the Staff Member Works Authorised (I.E.
Approved Or Directed) Overtime.
(e) Payment of such
overtime shall be calculated on base salary in accordance with the Salaries
Schedule in this Award (not the salary including any annualised allowance).
(f) Payment for
overtime worked and/or on-call (standby) allowance shall not be made under this
clause if the staff member is eligible, under any other industrial instrument,
to:
(1) compensation
specifically provided for overtime and/or on-call (standby) allowance; or
(2) be paid an
allowance for overtime and/or on-call (standby) allowance; or
(3) a rate of
salary, which has been determined as inclusive of overtime and/or on-call
(standby) allowance.
28. Overtime Worked
By Day Workers
(a) The provisions
of this sub-clause shall not apply to:
(1) Staff members
covered by formal local arrangements in respect of overtime negotiated between
the Corporation and the Union;
(2) Staff members to
whom overtime provisions apply under another industrial instrument;
(3) Staff members
whose salary includes compensation for overtime;
(4) Staff members
who receive an allowance in lieu of overtime such as the annualised allowance
payable under this Award; and
(5) Duty Officers,
State Emergency Services during flood alerts on weekends and public holidays
except as provided in the Compensation for Additional Hours Worked by Duty
Officer, State Emergency Services clause of this clause.
(b) Rates - Overtime
shall be paid at the following rates:
(1) Weekdays (Monday
to Friday inclusive):
At the rate of time and one-half for the first two
hours and at the rate of double time thereafter for all directed overtime worked
outside the staff member’s ordinary hours of duty, unless local arrangements
negotiated in terms of the Local Arrangements clause of this Award apply;
(2) Saturday:
All overtime worked on a Saturday at the rate of time
and one-half for the first two hours and at the rate of double time thereafter.
(3) Sundays:
All overtime worked on a Sunday at the rate of double
time.
(4) Public Holidays:
All overtime worked on a public holiday at the rate of
double time and one half.
(c) If a staff
member is absent from duty on any working day during any week in which overtime
has been worked the time so lost may be deducted from the total amount of
overtime worked during the week unless the staff member has been granted leave
of absence or the absence has been caused by circumstances beyond the staff
member’s control.
(d) A staff member
who works overtime on a Saturday, Sunday or public holiday, shall be paid a
minimum payment as for four (4) hours work at the appropriate rate.
(e) Rest Periods:
(1) A staff member
who works overtime shall be entitled to be absent until eight (8) consecutive
hours have elapsed.
(2) Where a staff
member, at the direction of the supervisor, resumes or continues work without
having had eight (8) consecutive hours off duty then such staff member shall be
paid at the appropriate overtime rate until released from duty.
(3) The staff member
shall then be entitled to eight (8) consecutive hours off duty and shall be
paid for the ordinary working time occurring during the absence.
29. Recall to Duty
(a) A staff member
recalled to work overtime after leaving the employer’s premises shall be paid
for a minimum of four (4) hours work at the appropriate overtime rates.
(b) The staff member
shall not be required to work the full four (4) hours if the job can be
completed within a shorter period.
(c) When a staff
member returns to the place of work on a number of occasions in the same day
and the first or subsequent minimum pay period overlap into the next call out
period, payment shall be calculated from the commencement of the first recall
until either the end of duty or four (4) hours from the commencement of the
last recall, whichever is the greater.
Such time shall be calculated as one continuous period.
(d) When a staff
member returns to the place of work on a second or subsequent occasion and a
period of four (4) hours has elapsed since the staff member was last recalled,
overtime shall only be paid for the actual time worked in the first and
subsequent periods with the minimum payment provision only being applied to the
last recall on the day.
(e) A recall to duty
commences when the staff member starts work and terminates when the work is
completed. A recall to duty does not
include time spent travelling to and from the place at which work is to be
undertaken.
(f) A staff member
recalled to duty within four (4) hours of the commencement of usual hours of
duty shall be paid at the appropriate overtime rate from the time of recall to
the time of commencement of such normal work.
(g) This subclause
shall not apply in cases where it is customary for a staff member to return to
the Corporation’s premises to perform a specific job outside the staff member’s
ordinary hours of duty, or where overtime is continuous with the completion or
commencement of ordinary hours of duty.
Overtime worked in these circumstances shall not attract the minimum
payment of four (4) hours unless the actual time worked is four (4) or more
hours.
30. On Call
(Stand-By)
(a) When a staff
member is directed to be on call or on stand-by for a possible recall to duty,
payment of an on call allowance shall be made.
(b) Where a rate of
on call allowance has not already been determined for the staff member as at
the date of the making of this Award, the rate shown in Item 6 of Table 2,
Allowances of Part B Monetary Rates shall be made for the duration of on call
(stand-by).
31. Overtime Meal
Breaks
(a) Staff members
not working under the flexible working hours arrangements:
A staff member required to work overtime on weekdays
for an hour and a half or more after the staff member’s ordinary hours of duty
on weekdays, shall be allowed 30 minutes for a meal and thereafter, 30 minutes
for a meal after every five hours of overtime worked.
(b) Staff member
working under the flexible working hours arrangements:
A staff member required to work overtime on weekdays
beyond 6.00 p.m. and until or beyond eight and a half hours after commencing
duty plus the time taken for lunch, shall be allowed 30 minutes for a meal and
thereafter, 30 minutes for a meal after every five hours of overtime worked.
(c) Staff Members
Generally:
A staff member required to work overtime on a Saturday,
Sunday or Public Holiday shall be allowed 30 minutes for a meal after every
five hours of overtime worked. A staff
member who is unable to take a meal break and who works for more than five
hours shall be given a meal break at the earliest opportunity.
32. Overtime Meal
Allowances
(a) If an adequate
meal is not provided by the Corporation, a meal allowance shall be paid by the
Corporation at the appropriate rate specified in Item 9 of Table 2 - Allowances
Part B, Monetary Rates, provided the Chief Executive Officer or nominee is
satisfied that:
(1) the time worked
is directed overtime;
(2) the staff member
properly and reasonably incurred expenditure in obtaining the meal in respect
of which the allowance is sought;
(3) where the staff
member was able to cease duty for at least 30 minutes before or during the
working of overtime to take the meal, the staff member did so; and
(4) overtime is not
being paid in respect of the time taken for a meal break.
(b) Notwithstanding
the above provisions, nothing in this clause shall prevent the Chief Executive
Officer or nominee and the Union from negotiating different meal provisions
under a local arrangement.
33. Rate of Payment
for Overtime
A staff member whose salary, or salary and allowance in the
nature of salary, exceeds the maximum rate for WSN Officer Grade 8, as varied
from time to time, shall be paid for working directed overtime at the maximum
rate for WSN Officer Grade 8 plus $1.00, unless the Chief Executive Officer or
nominee approves payment for directed overtime at the staff member’s salary or,
where applicable, salary and allowance in the nature of salary.
34. Payment for
Overtime Or Leave in Lieu
(a) The Chief
Executive Officer or nominee shall grant compensation for directed overtime
worked either by payment at the appropriate rate or, if the staff member so
elects, by the grant of leave in lieu in accordance with subclause (b) of this
clause.
(b) The following
provisions shall apply to the leave in lieu:
(1) The staff member
shall advise the supervisor before the overtime is worked or as soon as
practicable on completion of overtime, that the staff member intends to take
leave in lieu of payment;
(2) The leave shall
be calculated at the same rate as would have applied to the payment of overtime
in terms of this clause.
(3) The leave must
be taken at the convenience of the Corporation, except when leave in lieu is
being taken to look after a sick family member. In such cases, the conditions set out in the Sick Leave to Care
for a Family Member clause apply.
(4) The leave shall
be taken in multiples of a quarter day, unless debiting of leave in hours or in
fractions of an hour has been approved by the Chief Executive Officer or
nominee;
(5) Leave in lieu
accrued in respect of overtime worked on days other than public holidays, shall
be given by the Corporation and taken by the staff member within three months
of accrual unless alternate local arrangements have been negotiated between the
Chief Executive Officer or nominee and the Union.
(6) At the staff
member’s election, leave in lieu accrued in respect of overtime worked on a
public holiday may be added to the staff member’s annual leave credits and may
be taken in conjunction with annual leave; and
(7) A staff member
shall be paid for the balance of any overtime entitlement not taken as leave in
lieu.
35. Compensation for
Additional Hours Worked By Duty Officer, State Emergency Services
The time spent at home as Duty Officer, State Emergency
Services during flood alerts on weekends and public holidays, shall be
compensated by:
(a) payment at the
rate of one third of one day’s pay for each tour of duty; or
(b) if so desired by
the staff member concerned, the granting of time off in lieu of payment
calculated in accordance with the Payment for overtime or leave in lieu clause
in this award.
36. Calculation of
Overtime
(a) Overtime shall
not be paid if the total period of overtime worked is less than a quarter of an
hour.
(b) The formula for
the calculation of overtime at ordinary rates for staff members employed on a
five (5) day basis shall be:
Annual salary
|
x
|
5
|
x
|
1
|
1
|
|
260.8929
|
|
No of ordinary
hours
|
|
|
|
|
of work per week
|
(c) The formula for
the calculation of overtime at ordinary rates for staff members employed on a
seven (7) day basis shall be:
Annual salary
|
x
|
7
|
x
|
1
|
1
|
|
365.25
|
|
No of ordinary
hours
|
|
|
|
|
of work per week
|
(d) To determine
time and one half, double time or double time and one half, the hourly rate at
ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated
to the nearest cent.
(e) Overtime is not
payable for time spent travelling.
37. Review of
Overtime Meal Allowances
(a) The rates of
overtime meal allowances shall be adjusted in accordance with the provisions
contained in the Review of Allowances Payable clause in terms of this Award.
(b) Where an
allowance payable under the Overtime Meal Allowances clause of this Award is
insufficient to reimburse the staff member the cost of a meal, properly and
reasonably incurred, the Chief Executive Officer or nominee shall approve
payment of actual expenses.
(c) Where the meal
was not purchased, payment of a meal allowance shall not be made.
(d) Receipts shall
be provided to the Chief Executive Officer or nominee in support of any claims
for additional expenses or when the staff member is required to substantiate
the claim.
38. Higher Duties and
Acting Allowances
Where at the direction of the Chief Executive Officer or
nominee a staff member relieves in a higher duties position, they shall be
entitled to a higher duties allowance in accordance with the provisions of the
Corporation’s Higher Duties - Policy and Provisions
39. Public Holidays
(a) Staff members
shall be entitled to the following public holidays without loss of pay. New Year's Day, Australia Day, Good Friday,
Easter Sunday, Easter Monday, Labour Day, Anzac Day, Queen's Birthday,
Christmas Day, Boxing Day, Public Service holiday and any other day or days
which are proclaimed as public holidays throughout the State of New South
Wales.
(b) For the purpose
of this subclause:
(1) Where Christmas
Day falls on a Saturday or a Sunday the following Monday or Tuesday shall be
observed as a public holiday; and
(2) Where Boxing Day
falls on a Saturday or Sunday, the following Monday or Tuesday shall be
observed as a public holiday; and
(3) When New Year's
Day falls on a Saturday or on a Sunday, the following Monday shall be observed
as New Year's Day and the said Saturday and/or Sunday shall be deemed not to be
holidays.
(c) Other days may
be added to any of the above mentioned public holidays at the employer's
discretion, for example where a staff member is of another religious
denomination or ethnic background.
(d) The NSW Public
Service Holiday shall be enjoyed as a holiday and shall be held on a day as
determined by the Chief Executive Officer or nominee.
40. First Aid
Allowance
(a) A staff member
appointed as a First Aid Officer shall be paid a first aid allowance at the
rate appropriate to the qualifications held by such staff member as specified
in Item 8 of Table 2 - Allowances of Part B Monetary Rates.
(b) The First Aid
Allowance shall not be paid during extended leave or any other continuous
period of leave, which exceeds four weeks.
(c) When the First
Aid Officer is absent on leave for one week or more and another qualified staff
member is selected to relieve in the First Aid Officer's position, such staff
member shall be paid a pro rata first aid allowance for assuming the duties of
a First Aid Officer.
(d) Standard First
Aid Kits shall be provided and maintained by the Corporation (or insurer as
appropriate) in accordance with the Occupational Health & Safety Act 2000
or Regulation.
(e) In the event of
any serious accident happening to any staff member or casual staff member
whilst on duty, at no cost to the staff member, shall provide appropriate
emergency transport facilities to the nearest hospital or doctor.
41. Travelling
Compensation - Excess Travelling Time
(a) A staff member
directed by the Chief Executive Officer or nominee to travel on official
business outside the usual hours of duty is entitled to apply and to be
compensated for such time either by:
(1) payment
calculated in accordance with the provisions contained in this clause; or
(2) taking
equivalent time off in lieu to be granted for excess time spent in travelling
on official business (subject to operational convenience).
(b) Compensation
under paragraphs (1) or (2) of this subclause, shall be subject to the
following conditions:
(1) on a non-working
day - all time spent travelling on official business;
(2) on a working day
- subject to the provisions of subclause (e) of this clause, all additional
time spent travelling before or after the staff member's normal hours of duty.
provided the period for which compensation is being
sought is more than a half an hour on any one-day.
(c) No compensation
for travelling time shall be given in respect of travel between 11.00 pm on any
one day and 7.30 am on the following day where the staff member has travelled
overnight and sleeping facilities have been provided for the staff member.
(d) Compensation for
travelling time shall be granted only in respect of the time that might
reasonably have been taken by the use of the most practical and economic means
of transport.
(e) Compensation for
excess travelling time shall exclude the following:
(1) Time normally
taken for the periodic journey from home to headquarters and return;
(2) Any periods of
excess travel of less than 30 minutes on any one day;
(3) Travel to new
headquarters on permanent transfer, if special leave has been granted for the day
or days on which travel is to be undertaken;
(4) Time from 11.00
pm on one day to 7.30 am on the following day if sleeping facilities have been
provided.
(5) Travel not
undertaken by the most practical available route;
(6) Any travel
undertaken by a member of staff whose salary includes an "all incidents of
employment" component;
(7) Travel overseas.
(f) Rate of
Payment: Payment for travelling time calculated in terms of this clause shall
be at the staff member’s ordinary rate of pay on an hourly basis calculated as
follows:
Annual salary
|
x
|
5
|
x
|
1
|
1
|
|
260.8929
|
|
Normal hours of
work
|
(g) The rate of
payment for travel or waiting time on a non-working day shall be the same as
that applying to a working day.
(h) Staff members
whose salary is in excess of the maximum rate for the equivalent of WSN Officer
Grade 5 shall be paid travelling time or waiting time calculated at the maximum
rate for WSN Officer Grade 5 plus $1.00 per annum, as adjusted from time to
time.
(i) Time off in
lieu or payment for excess travelling time or waiting time will not be granted
or made for more than eight hours in any period of 24 consecutive hours (unless
there are exceptional circumstances approved by the Chief Executive Officer or
nominee).
42. Waiting Time
When a staff member travelling on official business is
required to wait for transport in order to commence a journey to another
location or to return home or headquarters and such time is outside the normal
hours of duty, the waiting time shall be treated and compensated for in the
same manner as excess travelling time pursuant to the Excess Travelling Time
clause in this Award.
43. Travelling
Allowances - General
(a) The Chief
Executive Officer or nominee shall require staff members to obtain an
authorisation for all official travel prior to incurring any travel expense.
(b) Any authorised
official travel and associated expenses, properly and reasonably incurred by a
staff member required to perform duty at a location other than their normal
headquarters shall be met by the Corporation.
(c) Where available
at a particular centre or location, the overnight accommodation to be occupied
by staff members who travel on official business shall be the middle of the
range standard, referred to generally as three star or three-diamond standard
of accommodation.
(d) Where payment of
a proportionate amount of an allowance applies in terms of this clause, the
amount payable shall be the appropriate proportion of the daily rate. Any
fraction of an hour shall be rounded off to the nearest half-hour.
44. Meal Expenses on
One Way Journeys
A staff member who is authorised by the Chief Executive
Officer or nominee to undertake a one day journey on official business which
does not require the staff member to obtain overnight accommodation, shall be
paid the appropriate rate of allowance set out in Table 2 - Allowances of Part
B Monetary Rates for:
(a) Breakfast when
required to commence travel at or before 6.00 a.m. and at least 1 hour before
the prescribed starting time;
(b) An evening meal
when required to travel until or beyond 7.00 p.m.; and
(c) Lunch when
required to travel a total distance on the day of at least 100 kilometres and,
as a result, is located at a distance of at least 50 kilometres from the staff
member’s normal headquarters at the time of taking the normal lunch break.
45. Travelling
Allowances When Staying in Non Government Accommodation
(1) A staff member
who is required by the Chief Executive Officer or nominee to work from a
temporary work location shall be compensated for accommodation, meal and
incidental expenses properly and reasonably incurred during the time actually
spent away from the staff member's residence in order to perform the work.
(2) For the first 35
days, the payment shall be either:
(a) the appropriate
rate of allowance specified in Item 2 of Table 2 - Allowances of Part B
Monetary Rates for every period of 24 hours absence by the staff member’ from
their residence; and
actual meal expenses properly and reasonably incurred
(excluding morning and afternoon teas) for any residual part day travel; or
(b) if the staff
member elects, actual expenses, properly and reasonably incurred for the whole
trip on official business (excluding morning and afternoon teas) together with
an incidental expenses allowance set out in Item 2 of Table 2 - Allowances of
Part B Monetary Rates.
(3) Payment of the
appropriate allowance for an absence of less than 24 hours may be made only
where the staff member satisfies the Chief Executive Officer or nominee that,
despite the period of absence being of less than 24 hours’ duration,
expenditure for accommodation and three meals has been incurred.
(4) Where a staff
member is unable to so satisfy the Chief Executive Officer or nominee, the
allowance payable for part days of travel shall be limited to the expenses
incurred during such part day travel.
(5) After the first
35 days - If a staff member is required by the Chief Executive Officer or
nominee to work in the same temporary work location for more than 35 days, such
staff member shall be paid the appropriate rate of allowance as specified in
Item 2 of Table 2- Allowances of Part B Monetary Rates.
(6) Long term
arrangements - As an alternative to the provisions after the first 35 days set
out in subparagraph (5) above, the Corporation could make alternative
arrangements for meeting the additional living expenses, properly and
reasonably incurred by a staff member working from a temporary work location.
(7) The return of a
staff member to their home at weekends, on rostered days off or during short
periods of leave while working from a temporary work location shall not
constitute a break in the temporary work arrangement.
46. Travelling
Allowances When Staying in Government Accommodation
(a) When a staff member
working from a temporary work location is provided with accommodation by the
Government, the staff member shall be entitled to claim the incidental expenses
allowance set out in Item 3 of Table 2 - Allowances of Part B Monetary Rates
for the same period.
(b) If meals are not
provided by the Government at the temporary work location, the staff member
shall be entitled to claim also the reimbursement of any meal expenses properly
and reasonably incurred during the time spent at the temporary work location.
47. Restrictions on
Payment of Travelling Allowances
An allowance under the Travelling Allowance when staying in
Non Government Accommodation clause or Travelling Allowances when staying in
Government Accommodation clause is not payable in respect of:
(1) Any period
during which the staff member returns to their residence at weekends or public
holidays, commencing with the time of arrival at that residence and ending at
the time of departure from the residence;
(2) Any period of
leave, except with the approval of the Chief Executive Officer or nominee or as
otherwise provided by this subclause; or
(3) Any other period
during which the staff member is absent from the staff member's temporary work
location otherwise than on official duty.
(4) Notwithstanding
subclauses (1), (2) or (3) of this clause, a staff member in receipt of an
allowance under the Travelling Allowance when staying in Non Government
Accommodation clause or Travelling Allowances when staying in Government
Accommodation clause of this Award who is granted special leave to return to
their residence at a weekend, shall be entitled to an allowance under the
Travelling Allowance when staying in Non Government Accommodation clause in
respect of the necessary period of travel for the journey from the temporary
work location to the staff member's residence; and for the return journey from
the staff member's residence to the temporary work location, but is not
entitled to any allowance under this subclause, or any other allowance, in
respect of the same period.
(5) Notwithstanding
subclauses (1), (2) or (3) of this clause, a staff member in receipt of an
allowance under this subclause who, on ceasing to perform duty at or from a
temporary work location, leaves that location shall be entitled to an allowance
in accordance with the Travelling Allowance when staying in Non Government
Accommodation clause of this Award in respect of the necessary period of travel
to return to the staff member's residence or to take up duty at another
temporary work location, but is not entitled to any other allowance in respect
of the same period.
48. Increase Or
Reduction in Payment of Travelling Allowance
Where the Chief Executive Officer or nominee is satisfied
that a travelling allowance is:
(a) Insufficient to
Adequately Reimburse the Staff Member for Expenses Properly and Reasonably
Incurred, a Further Amount May be Paid to Reimburse the Staff Member for the
Additional Expenses Incurred; Or
(b) In excess of the
amount which would adequately reimburse the staff member for expenses properly
and reasonably incurred,
the Chief Executive Officer or nominee may reduce the
allowance to an amount, which would reimburse the staff member for expenses
incurred properly and reasonably.
49. Production of
Receipts
Payment of any actual expenses shall be subject to the
production of receipts, unless the Chief Executive Officer or nominee is
prepared to accept other evidence from the staff member.
50. Travelling
Distance
(a) The need to
obtain overnight accommodation shall be determined by the Chief Executive
Officer or nominee having regard to the safety of the staff member or members
travelling on official business and local conditions applicable in the area.
(b) Where staff
members are required to attend conferences or seminars, which involve evening
sessions, or staff members are required to make an early start at work in a
location away from their normal workplace, overnight accommodation shall be
appropriately granted by the Chief Executive Officer or nominee.
51. Allowance Payable
for Use of Private Motor Vehicle
(a) The Chief
Executive Officer or nominee may authorise a staff member to use a private
motor vehicle for work where:
(1) such use will
result in greater efficiency or involve the Corporation in less expense than if
travel were undertaken by other means; or
(2) where the staff
member is unable to use other means of transport due to a disability.
(a) There shall be
different classes of allowance payable for the use of a private motor vehicle
for work. The appropriate rate of the
"casual rate" of allowance or the "official business rate"
of allowance, as defined in the Definitions clause of this Award, shall be paid
depending on the circumstances and the purpose for which the vehicle is used.
(b) The staff member
must have in force in respect of a motor vehicle used for work, in addition to
any policy required to be effected or maintained under the Motor Vehicles
(Third Party Insurance) Act, 1942, a comprehensive motor vehicle insurance
policy to an amount and in a form approved by the Chief Executive Officer or
nominee.
(c) A staff member
who, with the approval of the Chief Executive Officer or nominee, uses a
private motor vehicle for work shall be paid an appropriate rate of allowance
specified in Item 4 of Table 2 - Allowances of Part B Monetary Rates for the
use of such private motor vehicle.
(d) Expenses such as
tolls etc. shall be refunded to staff members where the charge was incurred
during approved work related travel.
(e) Where a staff member
tows a trailer or horse-float during travel resulting from approved work
activities while using a private vehicle, the staff member shall be entitled to
an additional allowance as prescribed in Item 5 of Table 2 - Allowances of Part
B Monetary Rates.
(f) Except as
otherwise specified in this Award, a staff member shall bear the cost of
ordinary daily travel by private motor vehicle between the staff member's
residence and headquarters.
52. Compensation for
Loss Or Damage to Private Property
(a) Where damage to
or loss of the staff member's private property occurs in the course of
employment, a claim may be lodged under the Workers Compensation Act, 1987
and/or under any insurance policy of the Corporation covering the damage to or
loss of the personal property of the staff member.
(b) If a claim under
subclause (a) of this subclause is rejected by the insurer, the Chief Executive
Officer or nominee may compensate a staff member for the damage to or loss of
private property, if such damage or loss:
(1) is due to the
negligence of the Corporation, another staff member, or both, in the
performance of their duties; or
(2) is caused by a
defect in a staff member's material or equipment; or
(3) results from a
staff member’s protection of or attempt to protect Corporation property from
loss or damage.
(c) Compensation in
terms of subclause (b) of this clause shall be limited to the amount necessary
to repair the damaged item. Where the
item cannot be repaired or is lost, the Chief Executive Officer or nominee may
pay the cost of a replacement item, provided the item is identical to or only
marginally different from the damaged or lost item and the claim is supported
by satisfactory evidence as to the price of the replaced item.
(d) For the purpose
of this subclause, personal property means a staff member's clothes,
spectacles, hearing aid, tools of trade or similar items, which are ordinarily
required for the performance of the staff member’s duties.
(e) Compensation for
the damage sustained shall be made by the Corporation where, in the course of
work, clothing or items such as spectacles, hearing aids, etc, are damaged or
destroyed by natural disasters or by theft or vandalism.
(f) Where staff
members have tools of trade that are registered with the Corporation the
conditions under this clause will apply.
53. Leave - General
Provisions
(a) The provisions
contained in this clause apply to all staff members other than those to whom
arrangements apply under another industrial instrument or under a local
arrangement negotiated between the Chief Executive Officer or nominee or their
nominee and the relevant union in terms of the Local Arrangements clause of
this Award.
(b) Unless otherwise
specified, part-time staff members will receive the conditions of this clause
on a pro rata basis, calculated according to the number of hours worked per
week.
(c) Where paid and
unpaid leave available to be granted in terms of this Award, paid leave shall
be taken before unpaid leave.
54. Absence from Work
(a) A staff member
must not be absent from work unless reasonable cause is shown.
(b) If a staff
member is to be absent from duty because of illness or other emergency, the
staff member shall notify or arrange for another person to notify the Chief
Executive Officer or nominee as soon as possible of the staff member's absence
and the reason for the absence.
(c) If a
satisfactory explanation for the absence is not provided, the staff member will
be regarded as absent from duty without authorised leave and the Chief
Executive Officer or nominee shall deduct from the pay of the staff member the
amount equivalent to the period of the absence.
(d) The minimum
period of leave available to be granted shall be a quarter day, unless local
arrangements negotiated in the workplace allow for a lesser period to be taken.
(e) Nothing in this
clause affects any proceedings for a breach of discipline against a staff
member who is absent from duty without authorised leave.
55. Applying for
Leave
(a) an Application
By a Staff Member for Leave under This Clause Shall be Made to and Dealt With
By the Chief Executive Officer Or Nominee.
(b) The Chief
Executive Officer or nominee shall deal with the application for leave
according to the wishes of the staff member if the operational requirements of
the Corporation permit this to be done.
56. Adoption Leave
(a) A staff member
adopting a child and who will be the primary care giver shall be entitled to be
granted adoption leave:
(1) for a period of
up to 12 months if the child has not commenced school at the date of the taking
of custody; or
(2) for such period,
not exceeding 12 months on a full-time basis, as the Chief Executive Officer or
nominee may determine, if the child has commenced school at the date of the
taking of custody.
(b) A staff member
who has been granted adoption leave may, with the permission of the Chief
Executive Officer or nominee, take leave:
(1) full-time for a
period not exceeding 12 months; or
(2) part-time over a
period not exceeding 2 years; or
(3) partly full-time
and partly part-time over a proportionate period of up to 2 years.
(c) Adoption leave
shall commence on the date that the staff member takes custody of the child
concerned, whether that date is before or after the date on which a court makes
an order for the adoption of the child by the staff member.
(d) A staff member
who resumes duty immediately on the expiration of adoption leave shall:
(1) if the position
occupied by the staff member immediately before the commencement of that leave
still exists be entitled to be placed in that position; or
(2) if the position
so occupied by the staff member has ceased to exist, but there are other
positions available that the staff member is qualified for and is capable of
performing, the staff member shall be appointed, to a position of the same
grade and classification as the staff member’s former position.
(e) A staff member
who will be the primary care giver from the date of taking custody of the
adopted child and who:
(1) applied for
adoption leave within the time and in the manner determined by the Chief
Executive Officer or nominee ; and
(2) prior to the
commencement of adoption leave, completed not less than 40 weeks' continuous
service,
shall be entitled to payment at their ordinary rate of
pay for a period of 14 weeks of adoption leave or the period of adoption leave
taken, whichever is the lesser period.
Payment for the adoption leave may be made at full pay,
half pay or as a lump sum.
(f) Except as
provided in subclause (e) of this clause, adoption leave shall be granted
without pay.
(g) Special Adoption
Leave:
(1) A staff member
shall be entitled to special adoption leave without pay for up to 2 days to
attend interviews or examinations for the purposes of adoption.
(2) Special adoption
leave may be taken as a charge against recreation leave, extended leave, family
and community service leave or local arrangements as negotiated.
57. Extended Leave
(a) It is the
intention of the parties to continue to apply the relevant provisions of
Schedule 3 of the Public Sector Employment and Management Act 2002 in
relation to the accrual and taking of extended leave.
(b) Staff members
shall have access to pro-rata extended leave after 7 years service;
(c) Staff members
shall be allowed to take a period of extended leave at double pay, i.e. a staff
member may use their entitlement to 2 months extended leave by taking 1 months
leave and receiving 2 months pay for that 1 month period; and.
(d) Public holidays
that fall whilst a staff member is on a period of extended leave will be paid
and not debited from a staff members leave entitlement.
58. Family and
Community Service Leave
(a) The Chief
Executive Officer or nominee shall, in the case of emergencies or in personal
or domestic circumstances, grant to a staff member some or all of the available
family and community service leave on full pay.
(b) Such cases may
include but not be limited to the following:-
(1) Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
(2) Accommodation
matters up to one day - such as attendance at court as defendant in an eviction
action, arranging accommodation, or when required to remove furniture and
effects;
(3) Emergency or weather
conditions - such as when flood, fire or snow etc. threaten property and/or
prevent a staff member from reporting for duty;
(4) Other personal
circumstances - such as citizenship ceremonies, parent/teacher interviews or
attending child's school for other reasons;
(c) Attendance at
court by a staff member to answer a charge for a criminal offence, if the Chief
Executive Officer or nominee considers the granting of family and community
service leave to be appropriate in a particular case;
(d) Staff members
who are selected to represent Australia or the State as competitors in major
amateur sport (other than Olympic or Commonwealth Games);
(e) Staff who hold
office in Local Government other than as a Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council, to attend
meetings, conferences or other duties associated with that office where those
duties necessitate absence during normal working hours.
(f) The maximum
amount of family and community service leave on full pay which may, subject to
this award, be granted to a staff member shall be the greater of the leave
provided in paragraph (1) or (2) of this subclause.
(1) 2½ of the staff
member’s working days in the first year of service and, on completion of the
first year’s service, 5 of the staff member’s working days in any period of 2
years; or
(2) After the
completion of 2 years’ continuous service, the available family and community
service leave is determined by allowing 1 day's leave for each completed year of
service less the total amount of short leave or family and community service
leave previously granted to the staff member.
(g) If available
family and community service leave is exhausted as a result of natural
disasters, the Chief Executive Officer or nominee shall consider applications
for additional family and community service leave, if some other emergency
arises.
(h) On the death of
a person defined in subclause (c) of clause 68, Sick Leave to Care for a Sick
Family Member, additional paid family and community service leave of up to 2
days may be granted on a discrete, per occasion basis to a staff member.
(i) In cases of
illness of a family member for whose care and support the staff member is
responsible, paid sick leave in accordance with subclause (c) of clause 68,
Sick Leave to Care for a Family Member, shall be granted when paid family and
community service leave has been exhausted.
59. Leave Without Pay
(a) The Chief
Executive Officer or nominee may grant leave without pay to a staff member if
good and sufficient reason is shown.
(b) Leave without
pay may be granted on a full-time or a part-time basis.
(c) Where a staff
member is granted leave without pay for a period not exceeding 10 consecutive
working days, the staff member shall be paid for any proclaimed public holidays
falling during such leave without pay.
(d) Where a staff
member is granted leave without pay, which, when aggregated, does not exceed 5
working days in a period of twelve (12) months, such leave shall count as service
for incremental progression and accrual of recreation leave.
(e) A staff member,
who has been granted leave without pay, shall not engage in private employment
of any kind during the period of leave without pay, unless prior approval has
been obtained from the Chief Executive Officer or nominee.
(f) A staff member
shall not be required to exhaust accrued paid leave before proceeding on leave
without pay but, if the staff member elects to combine all or part of accrued
paid leave with leave without pay, the paid leave shall be taken before leave
without pay.
(g) No paid leave
shall be granted during a period of leave without pay.
60. Maternity Leave
(a) A staff member
who is pregnant shall, subject to this clause, be entitled to be granted
maternity leave as follows:
(1) for a period up
to 9 weeks prior to the expected date of birth; and
(2) for a further
period of up to 12 months after the actual date of birth.
(b) A staff member
who has been granted maternity leave may, with the permission of the Chief
Executive Officer or nominee, take leave after the actual date of birth:
(1) full-time for a
period of up to 12 months; or
(2) part-time for a
period of up to 2 years; or
(3) as a combination
of full-time and part-time over a proportionate period of up to 2 years.
(c) A staff member
who has been granted maternity leave and whose child is stillborn may elect to
take available sick leave instead of maternity leave.
(d) A staff member
who resumes duty before her child’s first birthday or on the expiration of 12
months from the date of birth of her child shall be entitled to resume duty in
the position occupied by her immediately before the commencement of maternity
leave, if the position still exists.
(e) If the position
occupied by the staff member immediately prior to the taking of maternity leave
has ceased to exist, but there are other positions available that the staff
member is qualified for and is capable of performing, the staff member shall be
appointed to a position of the same grade and classification as the staff
member’s former position.
(f) A staff member
who:
(1) applied for
maternity leave within the time and in the manner determined by the Chief
Executive Officer or nominee; and
(2) prior to the
expected date of birth, completed not less than 40 weeks' continuous service,
shall be paid at her ordinary rate of pay for a period
not exceeding 14 weeks or the period of maternity leave taken, whichever is the
lesser period.
Payment for the maternity leave may be made at full
pay, half pay or as a lump sum.
(g) Except as
provided in sub-clause (f) of this clause, maternity leave shall be granted
without pay.
(h) The Chief
Executive Officer or nominee shall consider, where possible and appropriate, an
application to transfer to safer duties of a pregnant staff member either
before and/or after the birth of an unborn or a newborn child on a case-by-case
basis.
61. Military Leave
(a) During the
period of 12 months commencing on 1 July each year, the Chief Executive Officer
or nominee may grant to a staff member who is a volunteer part-time member of
the Defence Forces, military leave on full pay to undertake compulsory annual
training and to attend schools, classes or courses of instruction conducted by
the staff member’s unit.
(b) Up to 24 working
days military leave per year may be granted by the Chief Executive Officer or
nominee to members of the Naval and Military Reserves and up to 28 working days
per year to members of the Air Force Reserve for the activities specified in
subclause (a) of this clause.
(c) At the
expiration of military leave, the staff member shall furnish to the Chief
Executive Officer or nominee a certificate of attendance signed by the
commanding officer or other responsible officer.
62. Observance of
Essential Religious Or Cultural Obligations
(a) A staff member
of:
(1) any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
(2) any ethnic or
cultural background who seeks leave for the purpose of observing any essential
cultural obligations,
may be granted recreation/extended leave to credit,
leave without pay, or negotiate local arrangements to do so.
(b) Provided
adequate notice as to the need for leave is given by the staff member to the
Corporation and it is operationally convenient to release the staff member from
duty, the Chief Executive Officer or nominee must grant the leave applied for
by the staff member in terms of this subclause.
(c) A staff member
of any religious faith who seeks time off during daily working hours to attend
to essential religious obligations of that faith, shall be granted such time
off by the Chief Executive Officer or nominee, subject to:
(1) adequate notice
being given by the staff member;
(2) prior approval
being obtained by the staff member; and
(3) the time off
being made up in the manner approved by the Chief Executive Officer or nominee.
(d) Notwithstanding
the provisions of subclauses (a), (b) and (c) of this clause, arrangements may
be negotiated between the Corporation and the Relevant union in terms of the
Local Award Arrangements clause in this Award to provide greater flexibility
for staff members for the observance of essential religious or cultural
obligations.
63. Parental Leave
Parental leave is available to male and female staff members
who apply for leave to look after their child or children.
(a) Parental leave
applies as follows:
(1) Short Parental
Leave:
An unbroken period of up to one week at the time of the
birth of the child or other termination of the spouse's or partner's pregnancy
or, in the case of adoption, from the date of taking custody of the child or
children;
(2) Extended
Parental Leave:
For a period not exceeding 12 months, less any short
parental leave already taken by the staff member as provided for in paragraph
(1) of this subclause.
(b) Extended
parental leave may commence at any time up to 2 years from the date of birth of
the child or the taking of custody of the child.
(c) A staff member
who has been granted parental leave may, with the permission of the Chief
Executive Officer or nominee take such leave:
(1) full-time for a
period not exceeding 12 months; or
(2) part-time over a
period not exceeding 2 years; or
(3) partly full-time
and partly part-time over a proportionate period of up to 2 years.
(d) A staff member
who resumes duty immediately on expiration of parental leave shall:
(1) if the position
occupied by the staff member immediately before the commencement of that leave
still exists be entitled to be placed in that position; or
(2) if the position
occupied by the staff member has ceased to exist, but there are other positions
available that the staff member is qualified for and is capable of performing,
the staff member shall be appointed, to a position of the same grade and
classification as the staff member’s former position.
(e) A staff member
who:
(1) applied for
parental leave within the time and in the manner determined by the Chief
Executive Officer or nominee, and
(2) prior to the
expected date of birth or adoption completed not less than 40 weeks’ continuous
service,
shall be paid at their ordinary rate of pay for a
period not exceeding 1 week on full pay or 2 weeks at half pay or the period of
parental leave taken, whichever is the lesser period.
The period of paid leave does not extend the current
entitlement of up to 12 months leave, but is part of it.
(f) Except as
provided in subclause (e), parental leave shall be granted without pay.
(g) A staff member
may elect to take accrued recreation or extended leave in respect of some or
all of the period of parental leave.
64. Recreation Leave
(a) Accrual
(1) Except where
stated otherwise in this Award, paid recreation leave for full time staff
members and recreation leave for staff members working part time, accrues at
the rate of 20 working days per year.
(2) Staff members
working part time shall accrue paid recreation leave on a pro rata basis, which
will be determined on the average weekly hours worked per leave year.
(3) Recreation leave
accrues from day to day.
(b) Limits on
Accumulation and Direction to Take Leave
(1) At least two (2)
consecutive weeks of recreation leave shall be taken by a staff member every 12
months, except by agreement with the Chief Executive Officer or nominee in
special circumstances.
(2) Where the
operational requirements permit, the application for leave shall be dealt with
by the Chief Executive Officer or nominee according to the wishes of the staff
member.
(3) The Chief
Executive Officer or nominee shall notify the staff member in writing when
accrued recreation leave reaches 6 weeks or its hourly equivalent and at the
same time may direct a staff member to take at least 2 weeks recreation leave
within 3 months of the notification at a time convenient to the Corporation.
(4) The Chief
Executive Officer or nominee shall notify the staff member in writing when
accrued recreation leave reaches 8 weeks or its hourly equivalent and direct
the staff member to take at least 2 weeks recreation leave within 6 weeks of
the notification. Such leave is to be taken at a time convenient to the
Corporation.
(c) Conservation of
Leave
If the Chief Executive Officer or nominee is satisfied
that a staff member is prevented by operational or personal reasons from taking
sufficient recreation leave to reduce the accrued leave below an acceptable
level of between 4 and 6 weeks or its hourly equivalent, the Chief Executive
Officer or nominee shall:
(1) specify in
writing the period of time during which the excess shall be conserved; and
(2) on the
expiration of the period during which conservation of leave applies, grant
sufficient leave to the staff member at a mutually convenient time to enable
the accrued leave to be reduced to an acceptable level below the 8 weeks'
limit.
(3) The Chief
Executive Officer or nominee will inform a staff member in writing on a regular
basis of the staff member’s recreation leave accrual.
(d) Miscellaneous
(1) Unless a local
arrangement has been negotiated between the Chief Executive Officer or nominee
and the Relevant union, recreation leave is not to be granted for a period less
than a quarter day or in other than multiples of a quarter day.
(2) Recreation leave
for which a staff member is eligible on cessation of employment is to be
calculated to a quarter day (fractions less than a quarter being rounded up).
(3) Recreation leave
does not accrue to a staff member in respect of any period of absence from duty
without leave or without pay, except as specified in paragraph (4) of this
subclause.
(4) Recreation leave
accrues during any period of leave without pay granted on account of incapacity
for which compensation has been authorised to be paid under the Workers
Compensation Act 1987; or any period of sick leave without pay or any other
approved leave without pay, not exceeding 5 full time working days, or their
part time equivalent, in any period of 12 months.
(5) The
proportionate deduction to be made in respect of the accrual of recreation
leave on account of any period of absence referred to in paragraph (4) of this
subclause shall be calculated to an exact quarter-day (fractions less than a
quarter being rounded down).
(6) Recreation leave
accrues at half its normal accrual rate during periods of extended leave on
half pay.
(7) On cessation of
employment, a staff member is entitled to be paid, the monetary value of
accrued recreation leave, which remains untaken.
(8) A staff member
to whom paragraph (7) of this subclause applies may elect to take all or part
of accrued recreation leave which remains untaken at cessation of active duty
as leave or as a lump sum payment; or as a combination of leave and lump sum
payment.
(e) Death:
Where a staff member dies, the monetary value of
recreation leave accrued and remaining untaken as at the date of death, shall
be paid to the staff member's nominated beneficiary.
(f) Where no
beneficiary has been nominated
Where no beneficiary has been nominated, the monetary
value of recreation leave is to be paid as follows:
(1) to the widow or
widower of the staff member; or
(2) if there is no
widow or widower, to the children of the staff member or, if there is a
guardian of any children entitled under this subclause, to that guardian for
the children's maintenance, education and advancement; or
(3) if there is no
such widow, widower or children, to the person who, in the opinion of the Chief
Executive Officer or nominee was, at the time of the staff member's death, a
dependent relative of the staff member; or
(4) if there is no
person entitled under paragraphs (1) or (2) or (3) of this subclause to receive
the monetary value of any leave not taken or not completed by a staff member or
which would have accrued to the staff member, the payment shall be made to the
personal representative of the staff member.
65. Annual Leave
Loading
(a) General
(1) Unless more
favourable conditions apply to a staff member under another industrial
instrument, a staff member, other than a trainee who is paid by allowance, is
entitled to be paid an annual leave loading as set out in this subclause.
(2) Subject to the
provisions set out in sub-clauses (b) to (e) of this clause, leave loading
shall be 17½% on the monetary value of up to 4 weeks’ recreation leave accrued
in a leave year.
(b) Loading on
additional leave accrued
(1) Where additional
leave is accrued by a staff member as compensation for work performed regularly
on Sundays and/or Public Holidays, the annual leave loading shall be calculated
on the actual leave accrued or on five weeks, whichever is the higher.
(2) If stationed in
an area of the State of New South Wales which attracts a higher rate of annual
leave accrual, the annual leave loading shall continue to be paid on a maximum
of 4 weeks leave.
(c) Maximum Loading
Unless otherwise provided in an Award or Agreement
under which the staff member is paid, the annual leave loading payable shall
not exceed the amount which would have been payable to a staff member in
receipt of salary equivalent to the maximum salary for a WSN Officer Grade 12 under
this Award.
(d) Leave year
(1) For the
calculation of the annual leave loading, the leave year shall commence on 1
December each year and shall end on 30 November of the following year.
(e) Payment of
annual leave loading
From 1 December 2002, annual leave loading has been
annualised and is being paid as part of the fortnightly salary of a staff
member.
66. Sick Leave
(a) If the Chief
Executive Officer or nominee is satisfied that a staff member is unable to
perform duty because of the staff member’s illness or the illness of his/her
family member, the Chief Executive Officer or nominee:
(1) shall grant to
the staff member sick leave on full pay; and
(2) may grant to the
staff member, sick leave without pay if the absence of the staff member exceeds
the entitlement of the staff member under this Award to sick leave on full pay.
(b) Entitlements:
(1) Sick leave on
full pay accrues to a staff member at the rate of 15 days each calendar
year. Any leave accrued and not
utilised accumulates.
(2) Sick leave on
full pay accrues at the beginning of the calendar year. If a staff member is appointed after 1
January, sick leave on full pay accrues on a proportionate basis for the year
in which employment commences.
(3) Sick leave
without pay shall count as service for the accrual of recreation leave and paid
sick leave. In all other respects sick
leave without pay shall be treated in the same manner as leave without pay.
(4) When determining
the amount of sick leave accrued, sick leave granted on less than full pay
shall be converted to its full pay equivalent.
(5) Paid sick leave
shall not be granted during a period of unpaid leave.
(c) Payment during
the initial 3 months of service:
(1) Paid sick leave
which may be granted to a staff member, other than a seasonal or relief staff
member, in the first 3 months of service shall be limited to 5 days’ paid sick
leave, unless the Chief Executive Officer or nominee approves otherwise.
(2) Paid sick leave
in excess of 5 days granted in the first 3 months of service shall be supported
by a satisfactory medical certificate.
(d) Seasonal or
Relief Staff:
No paid sick leave shall be granted to temporary staff
members who are employed as seasonal or relief staff for a period of less than
3 months.
67. Sick Leave -
Requirements for Medical Certificate
(a) A staff member
absent from duty for more than 3 consecutive working days because of illness
must furnish a medical certificate to the Chief Executive Officer or nominee in
respect of the absence.
(b) A staff member
shall be put on notice in advance if required by the Chief Executive Officer or
nominee to furnish a medical certificate in respect of an absence from duty for
3 consecutive working days or less because of illness.
(c) If there is any
concern about the reason shown on the medical certificate, the Chief Executive
Officer or nominee, after discussion with the staff member, may refer the
medical certificate and the staff member's application for leave to the
Corporation’s or the Government Medical Officer for advice.
(d) The nature of
the leave to be granted to a staff member shall be determined by the Chief
Executive Officer or nominee on the advice of the Corporation or Government
Medical Officer.
(e) If sick leave
applied for is not granted, the Chief Executive Officer or nominee must, as far
as practicable, take into account the wishes of the staff member when
determining the nature of the leave to be granted.
(f) A staff member
may elect to have an application for sick leave dealt with confidentially by
the Corporation or Government Medical Officer in accordance with the
Corporation policy on confidentiality, as applies from time to time.
(g) If a staff
member who is absent on recreation leave or extended leave, furnishes to the
Chief Executive Officer or nominee a satisfactory medical certificate in
respect of an illness which occurred during the leave, the Chief Executive
Officer or nominee may, subject to the provisions of this clause, grant sick
leave to the staff member as follows:
(1) in respect of
recreation leave, the period set out in the medical certificate;
(2) in respect of
extended leave, the period set out in the medical certificate if such period is
5 working days or more.
(h) Subclause (g)
above applies to all staff members other than those on leave prior to
resignation or termination of services, unless the resignation or termination
of services amounts to a retirement.
(i) The reference
in this clause to a medical certificate shall apply, as appropriate, to the
certificates of up to one week provided by a registered dentist, optometrist,
chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or,
at the Chief Executive Officer or nominee’s discretion, another registered
health services provider.
(j) Where the
absence exceeds one week, and unless the health provider listed above is also a
registered medical practitioner, applications for any further sick leave must
be supported by a medical certificate from a registered medical practitioner.
68. Sick Leave to
Care for a Family Member
When family and community service leave provided for in the
Sick Leave clause of this Award is exhausted, a staff member with
responsibilities in relation to a category of person set out in subclause (c)
of this clause who needs the staff member's care and support, may elect to use
available paid sick leave, subject to the conditions specified in this
subclause, to provide such care and support when a family member is ill.
(a) The sick leave
shall initially be taken from the current leave year’s entitlement followed, if
necessary, by the sick leave accumulated over the previous 3 years. In special circumstances, the Chief
Executive Officer or nominee may grant additional sick leave from the sick
leave accumulated during the staff member’s eligible service.
(b) If required by
the Chief Executive Officer or nominee, the staff member must establish by
production of a medical certificate or statutory declaration, the illness of
the person concerned.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(1) the staff member
being responsible for the care and support of the person concerned; and
(2) the person
concerned being:
(i) a spouse of the
staff member; or
(ii) a de-facto
spouse being a person of the opposite sex to the staff member who lives with
the staff member as her husband or his wife on a bona fide domestic basis
although not legally married to that staff member; 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 staff member or of spouse or of
de-facto spouse of the staff member; or
(iv) a same sex
partner who lives with the staff member as the de-facto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member who is
a member of the same household, where for the purposes of this definition:
"relative" means a person related by blood, marriage,
affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
69. Sick Leave -
Workers Compensation
(a) The Chief
Executive Officer or nominee shall advise each staff member of the rights under
the Workers Compensation Act 1987, as amended from time to time, and
shall give such assistance and advice, as necessary, in the lodging of any
claim.
(b) A staff member
who is or becomes unable to attend for duty or to continue on duty in
circumstances, which may give the staff member a right to claim compensation
under the Workers Compensation Act 1987, shall be required to lodge a
claim for any such compensation.
(c) Where, due to
the illness or injury, the staff member is unable to lodge such a claim in
person, the Chief Executive Officer or nominee shall assist the staff member or
the representative of the staff member, as required, to lodge a claim for any
such compensation.
(d) The Chief
Executive Officer or nominee will ensure that, once received by the
Corporation, a staff member’s worker’s compensation claim is lodged by the
Corporation with the workers’ compensation insurer within the statutory period
prescribed in the Workers Compensation Act 1987.
(e) Pending the
determination of that claim and on production of an acceptable medical
certificate, the Chief Executive Officer or nominee shall grant sick leave on
full pay for which the staff member is eligible followed, if necessary, by sick
leave without pay or, at the staff member's election by accrued recreation
leave or extended leave.
(f) If liability
for the workers compensation claim is accepted, then an equivalent period of
any sick leave taken by the staff member pending acceptance of the claim shall
be restored to the credit of the staff member.
(g) A staff member
who continues to receive compensation after the completion of the period of 26
weeks referred to in section 36 of the Workers Compensation Act 1987 may
use any accrued and untaken sick leave to make up the difference between the
amount of compensation payable under that Act and the staff member's ordinary
rate of pay. Sick leave utilised in
this way shall be debited against the staff member.
(h) If a staff
member notifies the Chief Executive Officer or nominee that he or she does not
intend to make a claim for any such compensation, the Chief Executive Officer
or nominee shall consider the reasons for the staff member's decision and shall
determine whether, in the circumstances, it is appropriate to grant sick leave
in respect of any such absence.
(i) A staff member
may be required to submit to a medical examination under the Workers
Compensation Act 1987 in relation to a claim for compensation under that
Act.
(j) If a staff
member refuses to submit to a medical examination without an acceptable reason,
the staff member shall not be granted available sick leave on full pay until
the examination has occurred and a medical certificate is issued indicating
that the staff member is not fit to resume employment.
(k) If the Chief
Executive Officer or nominee provides the staff member with employment which
meets the terms and conditions specified in the medical certificate issued under
the Workers Compensation Act 1987 and, without good reason, the staff
member fails, to resume or perform such duties, the staff member shall be
ineligible for all payments in accordance with this clause from the date of the
refusal or failure.
(l) No further sick
leave shall be granted on full pay if there is a commutation of weekly payments
of compensation by the payment of a lump sum pursuant to section 51 of the Workers
Compensation Act 1987.
(m) Nothing in this
clause prevents a staff member from appealing a decision or taking action under
other legislation made in respect of:
(1) the staff
member's claim for workers compensation;
(2) the conduct of a
medical examination by a Government or other Medical Officer;
(3) a medical
certificate issued by the examining Government or other Medical Officer; or
(4) action taken by
the Chief Executive Officer or nominee either under the Workers Compensation
Act 1987 or any other relevant legislation in relation to a claim for
workers compensation, medical examination or medical certificate.
70. Sick Leave -
Claims Other Than Workers Compensation
(a) If the
circumstances of any injury to or illness of a staff member give rise to a
claim for damages or to compensation, other than compensation under the Workers
Compensation Act 1987, sick leave on full pay may, subject to and in
accordance with this clause, be granted to the staff member on completion of an
acceptable undertaking that:
(1) any such claim,
if made, will include a claim for the value of any period of paid sick leave
granted by the Corporation to the staff member; and
(2) in the event
that the staff member receives or recovers damages or compensation pursuant to
that claim for loss of salary or wages during any such period of sick leave,
the staff member will repay to the Corporation the monetary value of any such
period of sick leave.
(b) Sick leave on
full pay shall not be granted to a staff member who refuses or fails to
complete an undertaking, except in cases where the Chief Executive Officer or
nominee is satisfied that the refusal or failure is unavoidable.
(c) On repayment to
the Corporation of the monetary value of sick leave granted to the staff
member, sick leave equivalent to that repayment and calculated at the staff
member’s ordinary rate of pay, shall be restored to the credit of the staff
member.
71. Special Leave
With Full Pay
(a) Jury Service:
(1) A staff member
shall, as soon as possible, notify the Chief Executive Officer or nominee of
the details of any jury summons served on the staff member.
(2) A staff member
who, during any period when required to be on duty, attends a court in answer
to a jury summons shall, upon return to duty after discharge from jury service,
furnish to the Chief Executive Officer or nominee a certificate of attendance
issued by the Sheriff or by the Registrar of the court giving particulars of
attendances by the staff member during any such period and the details of any
payment or payments made to the staff member under section 72 of the Jury Act 1977
in respect of any such period.
(3) When a
certificate of attendance on jury service is received in respect of any period
during which a staff member was required to be on duty, the Chief Executive
Officer or nominee shall grant, in respect of any such period for which the
staff member has been paid out-of-pocket expenses only, special leave on full
pay. In any other case, the Chief
Executive Officer or nominee shall grant, at the sole election of the staff
member, available recreation leave on full pay, agreed settlement day leave or
leave without pay.
(b) Witness at Court
- Official Capacity:
When a staff member is subpoenaed or called as a
witness in an official capacity, the staff member shall be regarded as being on
duty.
(1) salary and any
expenses properly and reasonably incurred by the staff member in connection
with the staff member’s appearance at Court, as a witness in an official
capacity shall be paid by the Corporation.
(c) Witness at Court
- Other than in Official Capacity - Crown Witness:
A staff member who is subpoenaed or called as a witness
by the Crown (whether in right of the Commonwealth or in right of any State or
Territory of the Commonwealth) shall:
(1) be granted, for
the whole of the period necessary to attend as such a witness, special leave on
full pay; and
(2) pay into the
Treasury of the State of New South Wales all money paid to the staff member
under or in respect of any such subpoena or call other than any such money so
paid in respect of reimbursement of necessary expenses properly incurred in
answer to that subpoena or call.
(3) Relevant union
Witness - a staff member called by the relevant union to give evidence before
an Industrial Tribunal or in another jurisdiction, shall be granted special
leave by the Corporation for the required period.
(d) Called as a
witness in a private capacity:
A staff member who is subpoenaed or called as a witness
in a private capacity shall, for the whole of the period necessary to attend as
such a witness, be granted at the staff member's election, available recreation
leave on full pay or leave without pay.
(e) Examinations:
Special leave on full pay up to a maximum of 5 days in
any one year shall be granted to staff members for the purpose of attending at
any examination approved by the Chief Executive Officer or nominee.
(1) Special leave
granted to attend examinations should include leave for any necessary travel to
or from the place at which the examination is held.
(f) Special Leave -
Union Activities
Special leave on full pay may be granted to staff
members who are accredited trade union delegates to undertake trade union
activities as provided for in the Trade Union Activities Attracting Special
Leave clause of this award.
(g) Return Home When
Temporarily Living Away from Home:
Sufficient special leave, as set out in this subclause,
shall be granted to a staff member who is temporarily living away from home as
a result of work requirements. Such
staff member shall be granted sufficient special leave once a month before or
after a weekend or a long weekend or, in the case of a shift worker, before or
after rostered days off, to return home to spend two days and two nights with
the family. If the staff member wishes
to return home more often, such staff member may be granted recreation leave,
extended leave, negotiate local arrangements, or leave without pay, if the
operational requirements allow.
(h) National
Aborigines and Islander Day of Commemoration
A staff member who identifies as an Aborigine or a
Torres Strait Islander may be granted up to one day’s special leave per year to
enable the staff member to participate in the National Aborigines and Islander
Day of Commemoration celebrations.
(i) Special Leave
- Other Purposes:
Special leave on full pay may be granted to staff
members by the Chief Executive Officer or nominee for other purposes, subject
to the conditions specified in the Corporation Human Resources Policies and
Procedures Manual at the time the leave is taken.
72. Personal and
Professional Development and Training Activities
(a) For the purpose
of this clause, the following shall be regarded as staff personal and
professional development and training activities:
(1) all
developmental courses conducted by an approved provider and all courses conducted
by or in association with the Corporation;
(2) short
educational and training courses conducted by generally recognised public or
private educational bodies; and
(3) conferences,
conventions, seminars, or similar activities conducted by professional, learned
or other generally recognised societies, including Federal or State Government
bodies or approved for attendance by the Corporation.
(b) For the purposes
of this subclause, the following shall not be regarded as staff development and
training activities:
(1) activities for
which study assistance is appropriate;
(2) activities to
which other provisions of this Award apply (e.g., courses conducted by the
Relevant union); and
(3) activities,
which are of no specific relevance to the Corporation.
(c) Attendance of a
staff member at activities considered by the Chief Executive Officer or nominee
to be:
(1) essential for
the efficient operation of the Corporation; or
(2) developmental
and of benefit to the Corporation.
(3) in the best
interests of the staff member and the Corporation if done by way of a block
release bearing in mind staffing and other requirements of the section;
shall be regarded as on duty for the purpose of payment
of salary if a staff member attends such an activity during normal working
hours.
(d) The following
provisions shall apply, as appropriate, to the activities considered to be
essential for the efficient operation of the Corporation referred to in (c)
above:
(1) recognition that
the staff members are performing normal duties during the course;
(2) adjustment for
the hours so worked under the working hours arrangements;
(3) payment of
course fees;
(4) payment or
reimbursement of all actual necessary expenses or payment of allowances in
accordance with this Award, provided that the expenses involved do not form
part of the course and have not been included in the course fees; and
(5) payment of
overtime where the activity could not be conducted during the staff member's
normal hours and the Chief Executive Officer or nominee is satisfied that the
approval to attend constitutes a direction to work overtime under the Overtime
clause in this Award.
(e) The following
provisions shall apply, as appropriate, to the activities considered to be
development and of benefit to the Corporation:
(1) recognition of
the staff member as being on duty during normal working hours whilst attending
the activity;
(2) payment of
course fees;
(3) reimbursement of
any actual necessary expenses incurred by the staff member for travel costs,
meals and accommodation, provided that the expenses have not been paid as part
of the course fee; and
(4) such other
conditions as may be considered appropriate by the Chief Executive Officer or
nominee given the circumstances of attending at the activity, such as
compensatory leave for excess travel or payment of travelling expenses.
73. Study Time
(a) The Chief
Executive Officer or nominee shall have the power to grant or refuse study
time.
(b) Where the Chief
Executive Officer or nominee approves the grant of study time, the grant shall
be subject to:
(1) the course being
a course relevant to the Corporation;
(2) the time being
taken at the convenience of the Corporation; and
Study time for staff members accrues on the basis of
half an hour for each hour of lecture/tutorial attendance involved in the
corresponding face-to-face course, up to a maximum grant of 4 hours per week.
(c) Study time may
be granted to both full and part-time staff members.
Part-time staff members however shall be entitled to a
pro-rata allocation of study leave to that of a full-time staff member.
(d) Study time may
be used for:
(1) attending
compulsory lectures, tutorials, residential schools, field days etc., where
these are held during working hours; and/or
(2) necessary travel
during working hours to attend lectures, tutorials etc., held during or outside
working hours; and/or private study; and/or accumulation, subject to the
conditions specified in subclauses (f) to (j) of this clause in this Award.
(e) Staff members
requiring study time must nominate the type(s) of study time preferred at the
time of application and prior to the proposed commencement of the academic
period. The types of study time are as
follows:
(1) Face-to-Face -
Staff members may elect to take weekly and/or accrued study time, subject to
the provisions for its grant.
(2) Correspondence -
Staff members may elect to take weekly and/or accrued study time, or time off
to attend compulsory residential schools.
(3) Accumulation -
Staff members may choose to accumulate part or all of their study time as
provided in subclauses (f) to (i) of this clause in this Award.
(f) Accumulated
study time may be taken in any manner or at any time, subject to operational
requirements of the Corporation.
(g) Where at the
commencement of an academic year/semester a staff member elects to accrue study
time and that staff member has consequently foregone the opportunity of taking
weekly study time, the accrued period of time off may be taken at a time
convenient to the staff member and Corporation bearing in mind the academic
requirements.
(h) Staff members
attempting courses which provide for annual examinations, may vary the election
as to accrual, made at the commencement of an academic year, effective from 1st
July in that year.
(i) Where a staff
member is employed after the commencement of the academic year, weekly study
leave may be granted with the option of electing to accrue study leave from 1st
July in the year of entry on duty or from the next academic year, whichever is
the sooner.
(j) Staff members
studying in semester based courses may vary their election as to accrual or
otherwise from semester to semester.
(k) Correspondence
Courses - Study time for staff members studying by correspondence accrues on
the basis of half an hour for each hour of lecture/tutorial attendance involved
in the corresponding face-to-face course, up to a maximum grant of 4 hours per
week.
Where there is no corresponding face-to-face course,
the training institution should be asked to indicate what the attendance
requirements would be if such a course existed.
(l) Correspondence
students may elect to take weekly study time and/or may accrue study time and
take such accrued time when required to attend compulsory residential schools.
(m) Repeated subjects
- Study time shall not be granted for repeated subjects.
(n) Expendable grant
- Study time if not taken at the nominated time shall be forfeited.
If the inability to take study time occurs as a result
of a genuine emergency at work, study time for that week may be granted on
another day during the same week.
(o) Examination
Leave - Examination leave shall be granted as special leave for all courses of
study approved in accordance with this clause.
(p) The period
granted as examination leave shall include:
(1) time actually
involved in the examination;
(2) necessary
travelling time, in addition to examination leave, but is limited to a maximum
of 5 days in any one-year.
Examination leave is not available where an examination
is conducted within the normal class timetable during the term/semester and
study time has been granted to the staff member.
(q) The examination
leave shall not be granted for deferred examinations and in respect of repeat
studies.
74. Study Leave
(a) Study leave for
full-time study is granted to assist those staff members who win scholarships /
fellowships/awards or who wish to undertake full-time study and/or study
tours. Study leave may be granted for
studies at any level, including undergraduate study.
(b) All staff
members are eligible to apply and no prior service requirements are necessary.
(c) Study leave
shall be granted without pay, except where the Chief Executive Officer or
nominee approves financial assistance.
(d) The extent of
financial assistance to be provided shall be determined by the Chief Executive
Officer or nominee according to the relevance of the study to the workplace and
may be granted up to the amount equal to full salary.
(e) Where financial
assistance is approved by the Chief Executive Officer or nominee for all or
part of the study leave period, the period shall count as service for all
purposes in the same proportion as the quantum of financial assistance bears to
full salary of the staff member.
(f) Scholarships for
Part-Time Study - In addition to the study time/study leave provisions under
this subclause, the Corporation may choose to identify courses or educational
programmes of particular relevance or value and establish a Corporation
scholarship to encourage participation in these courses or programmes.
The conditions under which such scholarships are
provided should be consistent with the provisions of this clause.
75. Trade Union
Activities Regarded as on Duty
A trade union delegate will be released from the performance
of normal Corporation duties when required to undertake any of the activities
specified below. While undertaking such
activities the trade union delegate will be regarded as being on duty and will
not be required to apply for leave:
(a) Attendance at
meetings of the workplace's Occupational Health and Safety Committee and
participation in all official activities relating to the functions and
responsibilities of elected Occupational Health and Safety Committee members at
a place of work as provided for in the Occupational Health and Safety Act
2000 and the Regulations;
(b) Attendance at
meetings with workplace management or workplace management representatives;
(c) A reasonable
period of preparation time, before -
(1) meetings with
management;
(2) disciplinary or
grievance meetings when a trade union member requires the presence of a trade
union delegate; and
(3) any other
meeting with management,
by agreement with management, where operational
requirements allow the taking of such time;
(d) Giving evidence
in court on behalf of the employer;
(e) Appearing as a
witness before the Government and Related Employees Appeal Tribunal;
(f) Representing
their trade union at the Government and Related Employees Appeal Tribunal as an
advocate or as a Tribunal Member;
(g) Presenting
information on the trade union and trade union activities at induction sessions
for new staff members of the Corporation; and
(h) Distributing
official trade union publications or other authorised material at the workplace,
provided that a minimum of 24 hours notice is given to workplace management,
unless otherwise agreed between the parties.
Distribution time is to be kept to a minimum and is to be undertaken at
a time convenient to the workplace.
76. Trade Union
Activities Regarded as Special Leave
The granting of special leave with pay will apply to the
following activities undertaken by a trade union delegate, as specified below:
-
(a) annual or
biennial conferences of the delegate's union;
(b) meetings of the
union's Executive, Committee of Management or Councils;
(c) annual
conference of Unions NSW (formerly the Labor Council of NSW) and the biennial
Congress of the Australian Council of Trade Unions;
(d) attendance at
meetings called by Unions NSW (formerly the Labor Council of NSW) involving a
public sector trade union, which requires attendance of a delegate;
(e) giving evidence
before an Industrial Tribunal as a witness for the trade union;
(f) reasonable
travelling time to and from conferences or meetings to which the provisions of
clauses 75, 76 and 77 of this award apply.
77. Trade Union
Training Courses
The following training courses will attract the grant of
special leave as specified below:-
(a) accredited
Occupational Health and Safety (OH&S) courses and any other accredited
OH&S training for OH&S Committee members. The provider(s) of accredited OH&S training courses and the
conditions on which special leave for such courses will be granted, shall be
negotiated between the Chief Executive Officer or nominee and the relevant
trade union under a local arrangement pursuant to the Local Arrangements clause
of this award.
(b) courses
organised and conducted by the Trade Union Education Foundation or by the
member's trade union or a training provider nominated by the member's trade
union. A maximum of 12 working days in any period of 2 years applies to this
training and is subject to:
(1) the operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
(2) payment being at
the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc;
(3) all travelling
and associated expenses being met by the staff member or his/her union;
(4) attendance being
confirmed in writing by the member's trade union or a nominated training
provider.
78. Conditions
Applying to on Loan Arrangements
Subject to the operational requirements of the workplace, on
loan arrangements will apply to the following activities:
(a) meetings
interstate or in NSW of a Federal nature to which a representative or member
has been nominated or elected by the union:
(1) as an Executive
Member; or
(2) a member of a
Federal Council; or
(3) vocational or
industry committee.
(b) briefing counsel
on behalf of the union;
(c) assisting union
officials with preparation of cases or any other activity outside their normal
workplace at which the delegate is required to represent the interests of their
trade union;
(d) country tours
undertaken by a member of the executive or Council of the trade union;
(e) taking up of
full time duties with the trade union if elected to the office of President,
General Secretary or to another full time position with the trade union.
(f) financial arrangements
- The following financial arrangements apply to the occasions when a staff
member is placed "on loan" to his/her trade union:-
(1) the Corporation
will continue to pay the delegate or an authorised union representative whose
services are on loan to their trade union;
(2) the Corporation
will seek reimbursement from the trade union at regular intervals of all salary
and associated on costs, including superannuation, as specified by the NSW
Treasury from time to time.
(3) Agreement with
the trade union on the financial arrangements must be reached before the on
loan arrangement commences and must be documented in a manner negotiated
between the Chief Executive Officer or nominee and the trade union.
(g) Recognition of
"on loan" arrangement as service - On loan arrangements negotiated in
terms of this clause are to be regarded as service for the accrual of all leave
and for incremental progression.
(h) Limitation - On
loan arrangements may apply to full-time or part-time staff members and are to
be kept to the minimum time required. Where the trade union needs to extend an
on loan arrangement, the trade union shall approach the Chief Executive Officer
or nominee in writing for an extension of time well in advance of the
expiration of the current period of on loan arrangement.
(i) Where the Chief
Executive Officer or nominee and the relevant trade union cannot agree on the
on loan arrangement, an agreed third party shall be used to assist in the
matter.
79. Period of Notice
for Trade Union Activities
The Chief Executive Officer or nominee must be notified in
writing by the trade union or, where appropriate, by the accredited delegate as
soon as the date and/or time of the meeting, conference or other accredited
activity is known.
80. Access to Facilities
By Trade Union Delegates
The workplace shall provide accredited delegates with
reasonable access to the following facilities for authorised union activities:
(a) telephone,
facsimile and, where available, E-mail facilities;
(b) a notice board
for material authorised by the union or access to staff notice boards for
material authorised by the union;
(c) workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the relevant trade union.
81. Responsibilities
of the Trade Union Delegate
Responsibilities of the trade union delegate are to:
(a) establish
accreditation as a delegate with the union and provide proof of accreditation
to the workplace;
(b) participate in
the workplace consultative processes, as appropriate;
(c) follow the
dispute settling procedure applicable in the workplace
(d) provide
sufficient notice to the immediate supervisor of any proposed absence on
authorised union business;
(e) account for all
time spent on authorised union business;
(f) when special
leave is required, to apply for special leave in advance;
(g) distribute union
literature/membership forms, under local arrangements negotiated between the
Chief Executive Officer or nominee and the relevant trade union; and
(h) use any
facilities provided by the workplace properly and reasonably as negotiated at
organisational level.
82. Responsibilities
of the Trade Union
Responsibilities of the Trade Union are to:
(a) provide written
advice to the Chief Executive Officer or nominee about a Trade Union activity
to be undertaken by an accredited delegate and, if requested, to provide
written confirmation to the workplace management of the delegate's
attendance/participation in the activity;
(b) meet all
travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in subclause (c) of clause 83;
(c) pay promptly any
monies owing to the workplace under a negotiated on loan arrangement;
(d) provide proof of
identity when visiting a workplace in an official capacity, if requested to do
so by management;
(e) apply to the
Chief Executive Officer or nominee well in advance of any proposed extension to
the "on loan" arrangement; and
(f) assist the
workplace management in ensuring that time taken by the union delegate is
accounted for and any facilities provided by the employer are used reasonably
and properly.
(g) advise employer
of any leave taken by the trade union delegate during the on loan arrangement.
83. Responsibilities
of Workplace Management
Where time is required for union activities in accordance
with this clause the responsibilities of the workplace management are to:
(a) release the
accredited delegate from duty for the duration of the union activity, as
appropriate, and, where necessary, to allow for sufficient travelling time
during the ordinary working hours;
(b) advise the
workplace delegate of the date of the next induction session for new staff
members in sufficient time to enable the trade union to arrange representation
at the session;
(c) meet the travel
and/or accommodation costs properly and reasonably incurred in respect of
meetings called by the workplace management;
(d) where possible,
to provide relief in the position occupied by the delegate in the workplace,
while the delegate is undertaking union responsibilities to assist with the
business of workplace management;
(e) re-credit any
other leave applied for on the day to which special leave or release from duty
subsequently applies;
(f) where a union
activity provided under this clause needs to be undertaken on the trade union
delegate's rostered day off or during an approved period of flex leave, to
apply the provisions of subclause (e) of this clause.
(g) to continue to
pay salary during an "on loan" arrangement negotiated with the
relevant union and to obtain reimbursement of salary and on-costs from the
union at regular intervals, or as otherwise agreed between the parties if long
term arrangements apply;
(h) to verify with
the union the time spent by a union delegate or delegates on union business, if
required; and
(i) if the time
and/or the facilities allowed for union activities are thought to be used
unreasonably and/or improperly, to consult with the trade union before taking
any remedial action.
84. Right of Entry
Provisions
The right of entry provisions shall be as prescribed under
the Occupational Health and Safety Act 2000 and the Industrial
Relations Act 1996.
85. Travelling and
Other Costs of Trade Union Delegates
(a) Except as
specified in subclause (c) of clause 83, Responsibilities of Workplace
Management of this award, all travel and other costs incurred by accredited
union delegates in the course of trade union activities will be paid by their
union.
(b) In respect of
meetings called by the workplace management in terms of subclause (c) of clause
83, Responsibilities of Workplace Management of this award, the payment of
travel and/or accommodation costs, properly and reasonably incurred, is to be
made, as appropriate, on the same conditions as apply under the Allowances
clause of this award.
(c) No overtime,
leave in lieu, shift penalties or any other additional costs will be claimable
by a staff member from the Corporation, in respect of union activities covered
by special leave or on duty activities provided for in this clause.
(d) The on loan
arrangements shall apply strictly as negotiated and no extra claims in respect
of the period of on loan shall be made on the Corporation by the Trade Union or
the staff member.
86. Industrial Action
(a) Provisions of
the Industrial Relations Act 1996 shall apply to the right of union
members to take lawful industrial action.
(b) There will be no
victimisation of staff members prior to, during or following such industrial
action.
87. Consultation and
Technological Change
(a) There shall be
effective means of consultation, as set out in the Consultative Arrangements
Policy and Guidelines document, on matters of mutual interest and concern, both
formal and informal, between management and the trade unions represented in the
Corporation.
(b) The Corporation
shall consult with the relevant trade union prior to the introduction of any
technological change.
88. Deduction of
Union Membership Fees
(a) The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
(b) The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of union fortnightly membership fees payable shall be provided to
the employer at least one month in advance of the variation taking effect.
(c) Subject to (a)
and (b) above, the employer shall deduct union fortnightly membership fees from
the pay of any staff member who is a member of the union in accordance with the
union's rules, provided that the staff member has authorised the employer to
make such deductions.
(d) Monies so
deducted from staff member's pay shall be forwarded regularly to the union
together with all necessary information to enable the union to reconcile and
credit subscriptions to staff members' union membership accounts.
(e) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(f) Where a staff
member has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the staff member to make a fresh authorisation in order for
such deductions to continue.
89. Protective
Clothing
(a) This clause only
applies where a staff member is not already eligible for an allowance under
another industrial instrument or an annualised allowance under this Award.
(1) Uniform, etc.
provided by the Corporation:
A staff member who is required or authorised by the
Chief Executive Officer or nominee to wear a uniform, protective clothing or
other specialised clothing in connection with the performance of official
duties shall be provided by the Corporation with such clothing and shall be
paid an allowance at the rate specified in Item 7 of Table 2, Part B Monetary
Rates for laundering the uniform or protective clothing.
(2) Uniform, etc.
provided by the staff member:
Subject to prior approval, where the uniform,
protective clothing or other specialised clothing is provided by the staff
member, such staff member shall be reimbursed the cost of the uniform, protective
clothing or other specialised clothing.
90. Flexible Work
Practices
(a) Nothing in this
Award shall affect the hours of duty of a staff member who is covered by a
written flexible working hours agreement negotiated under a Flexible Work
Practices, Policy and Guidelines.
(b) Flexible working
hours agreements negotiated in terms of the NSW Government Flexible Work
Practices, Policy and Guidelines after the effective date of this Award shall
be subject to the conditions specified in this Award and in consultation with
the Union.
91A. Salary Sacrifice
for Superannuation
(a) A staff member
may elect, subject to the agreement of the Corporation, to sacrifice a portion
of the salary payable to additional employer superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. In this clause "superannuable
salary" means the staff member’s salary as notified from time to time, to
the NSW public sector superannuation trustee corporations.
(b) Where the staff
member has elected to sacrifice a portion of that payable salary to additional
employer superannuation contributions:
(i) subject to
Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYG taxation deductions by the amount of that
sacrificed portion, and
(ii) any allowance,
penalty rate, payment for unused entitlements, weekly worker’s compensation or
other payment, other than any payments for leave taken in service, to which a
staff member is entitled under this Award or any applicable Award, Act or
statute which is expressed to be determined by reference to a staff member’s
salary, shall be calculated by reference to the salary which would have applied
to the staff member in the absence of any salary sacrifice to superannuation
made under this Award.
(c) The staff member
may elect to have the portion of payable salary which is sacrificed to
additional employer superannuation contributions:
(i) Paid into the
superannuation scheme established under the First State Superannuation Act 1992
as optional employer contributions, or
(ii) Subject to the
Corporation’s agreement, paid into a private sector complying superannuation
scheme as employer superannuation contributions.
(d) Where a staff
member elects to salary sacrifice in terms of the relevant Clause above, the
Corporation will pay the sacrificed amount into the relevant superannuation
fund.
(e) Where the staff
member is a member of a superannuation scheme established under:
(i) The Police
Regulation (Superannuation) Act 1906;
(ii) The Superannuation
Act 1916;
(iii) The State
Authorities (Superannuation) Act 1987;
(iv) The State
Authorities Non-contributory Superannuation Act 1987; or
(v) The First
State Superannuation Act 1992.
The Corporation must ensure that the amount of any
additional employer superannuation contributions specified in the relevant
sub-clause above is included in the staff member’s superannuable salary which
is notified to the NSW public sector superannuation trustee corporations.
(f) Where, prior to
electing to sacrifice a portion of his/her salary to superannuation, a staff
member had entered into an agreement with the Corporation to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in sub-clause (d) above, the Corporation
will continue to base contributions to that fund on the salary payable to the
same extent as applied before the staff member sacrificed portion of that
salary to superannuation.
(g) This clause
applies even though the superannuation contributions made by the Corporation
may be in excess of superannuation guarantee requirements after the salary
sacrifice is implemented.
91B. Salary Sacrifice
- General
(a) A staff member
may, subject to the agreement of the Corporation, sacrifice a portion of the
salary for purposes other than superannuation where approved by the
Corporation.
(b) Any agreement
shall be cost neutral to the Corporation.
92. Probation
(a) All new staff
members appointed to positions with the Corporation shall in the first
instance, be appointed on a probationary basis for a period of up to three
months.
(b) The probation
period may be varied, extended for a further period to a total of six months,
or waived at the discretion of the Chief Executive Officer or nominee.
(c) Under normal
circumstances the probationary period may only be extended on a one off basis.
93. Performance
Management
The work performance of a staff member shall be managed in
accordance with the Corporation’s Performance Management and Development
System, Policy and Procedures.
94. Managing
Unsatisfactory Performance Or Misconduct
(a) Where the work
performance of a staff member is evaluated as being unsatisfactory after appropriate
counselling, or where through misconduct the Corporation Policies, Procedures
or Code of Ethics and Conduct are breached, appropriate action shall be taken
in accordance with the Corporation’s Managing Unsatisfactory Performance or
Misconduct Policy.
(b) Nothing in this
clause limits the rights of the Corporation to summarily dismiss a staff member
for serious and wilful misconduct.
95. Grievance and
Dispute Resolution Procedures
(a) All grievances
and disputes relating to the provisions of this Award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the Corporation if
required.
(b) A staff member
is required to notify in writing their immediate Supervisor as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
(c) Where the
grievance or dispute involves confidential or other sensitive material (including
issues of harassment or discrimination under the Anti-Discrimination Act 1977)
that makes it impractical for the staff member to advise their immediate
Supervisor, the notification may occur to the next appropriate level of
management.
(d) The immediate
Supervisor, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
(e) If the matter
remains unresolved with the immediate Supervisor, the staff member may request
to meet the appropriate person at the next level of management in order to
resolve the matter.
(f) The person at
the next level of management shall respond within two (2) working days, or as
soon as practicable.
(g) The staff member
may pursue this sequence of reference to successive levels of management until
the matter is referred to the Chief Executive Officer.
(h) Either party may
request a mutually agreed mediator to assist in the resolution of the matter.
(i) If the matter
remains unresolved, the Chief Executive Officer shall provide a written
response to the staff member and any other party involved in the grievance,
dispute or difficulty, concerning action to be taken, or the reason for not
taking action, in relation to the matter.
(j) A staff member,
at any stage, may request to be represented by their Union or Agent.
(k) The staff member
or the Union or agent on their behalf or the Chief Executive Officer may refer
the matter to the New South Wales Industrial Relations Commission if the matter
is unresolved following the use of these procedures.
(l) The staff
member, Union, Agent and Corporation shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
(m) Whilst the
procedures outlined in subclauses (a) to (l) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any staff member or
member of the public.
96. Redundancy
Where a staff member is made redundant, or accepts an offer
of voluntary redundancy, the entitlements and services available shall be as
prescribed by the Corporation’s Managing Displaced Staff Policy.
97.
Anti-Discrimination
(a) 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, and age and
responsibilities as a carer.
(b) 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.
(c) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise a staff member because the staff
member has made or may make or has been involved in a complaint of unlawful
discrimination or harassment.
(d) Nothing in this
clause is to be taken to affect:
(1) any conduct or
act which is specifically exempted from anti - discrimination legislation;
(2) offering or
providing junior rates of pay to persons under 21 years of age;
(3) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(4) a party to this
Award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
(e) 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 -
(1) Employers and
staff members may also be subject to Commonwealth anti-discrimination
legislation.
(2) 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 to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.
98. Savings and
Transitional
No staff member shall be disadvantaged by the introduction
of this award.
99. No Extra Claims
This award is premised on the basis that there will be no
new salaries or condition claims arising from negotiation of productivity and
efficiency improvements covered by this award and during the term 1 July 2008
to 30 June 2010.
100. Relationship to
Other Awards
(a) This award may
be reviewed in light of any variation to the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006, or an award replacing it, in so
far as it may affect clauses referred to in that award by this award.
(b) Where there may
be inconsistencies between this award and the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006, the arrangements in this award
shall prevail.
101. Review of
Allowances Payable in Terms of This Award
The adjustment of Allowances contained in this Award shall
be reviewed and adjusted in line with the review and adjustment of the
corresponding allowances in the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2006 in so far as they relate to the relevant
clauses in this Award.
102. Family
Provisions
(a) Refer to the Industrial
Relations Act 1996 (NSW). The following provisions shall also apply in
addition to those set out in the Industrial Relations Act 1996 (NSW).
(b) Right to request
(1) A staff member
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the staff member in reconciling work and
parental responsibilities.
(2) The Corporation
shall consider the request having regard to the staff member’s circumstances
and, provided the request is genuinely based on the staff member’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the Corporation’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(3) Staff member’s
request and the Corporation’s decision to be in writing
The staff member’s request and the Corporation’s
decision made under subparagraphs (b)(1)(ii) and (b)(1)(iii) must be recorded
in writing.
(4) Request to
return to work part-time
Where a staff member wishes to make a request under
subparagraph (b)(1)(iii), such a request must be made as soon as possible but
no less than seven weeks prior to the date upon which the staff member is due
to return to work from parental leave.
(c) Communication
during parental leave
(1) Where a staff
member is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the Corporation shall take reasonable
steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the staff member held
before commencing parental leave; and
(ii) provide an
opportunity for the staff member to discuss any significant effect the change
will have on the status or responsibility level of the position the staff
member held before commencing parental leave.
(2) The staff member
shall take reasonable steps to inform the Corporation about any significant
matter that will affect the staff member’s decision regarding the duration of
parental leave to be taken, whether the staff member intends to return to work
and whether the staff member intends to request to return to work on a
part-time basis.
(3) The staff member
shall also notify the employer of changes of address or other contact details
which might affect the Corporation’s capacity to comply with paragraph (c)(1).
103. Secure
Employment - Occupational Health and Safety
(a) For the purposes
of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
(b) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
(c) Nothing in this
clause is intended to affect or detract from any obligation or responsibility
upon a labour hire business arising under the Occupational Health and Safety
Act 2000 or the Workplace Injury Management and Workers Compensation Act
1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to
clause 95, Grievance and Dispute Resolution Procedures, of this award.
104. Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the Waste
Recycling and Processing Corporation (Salaries and Conditions of Employment
2006) Award published 11 August 2006 (360 I.G. 444) and all variations thereof.
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 11 December 2008.
The award remains in force until varied or rescinded, the
period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Salaries
Salary rates apply from the first full pay period to
commence on or after the dates specified:
|
Year
|
1 Jul 2008
|
1 Jul 2009
|
|
|
($ per annum)
|
($ per annum)
|
Administrative & Clerical
|
|
|
|
WSN Officer
|
1
|
28,513
|
29,653
|
General Scale
|
2
|
34,486
|
35,866
|
|
3
|
37,169
|
38,655
|
|
4
|
38,185
|
39,712
|
|
5
|
39,801
|
41,393
|
|
6
|
40,523
|
42,143
|
|
7
|
41,526
|
43,187
|
|
8
|
43,061
|
44,784
|
|
9
|
44,621
|
46,406
|
|
10
|
46,270
|
48,120
|
WSN Officer Grade 1
|
1
|
48,819
|
50,771
|
|
2
|
50,255
|
52,265
|
WSN Officer Grade 2
|
1
|
51,655
|
53,721
|
|
2
|
53,072
|
55,195
|
WSN Officer Grade 3
|
1
|
54,577
|
56,760
|
|
2
|
56,221
|
58,470
|
WSN Officer Grade 4
|
1
|
57,979
|
60,298
|
|
2
|
59,759
|
62,150
|
WSN Officer Grade 5
|
1
|
64,427
|
67,004
|
|
2
|
66,458
|
69,116
|
WSN Officer Grade 6
|
1
|
69,062
|
71,825
|
|
2
|
71,087
|
73,931
|
WSN Officer Grade 7
|
1
|
73,217
|
76,146
|
|
2
|
75,405,
|
78,421
|
WSN Officer Grade 8
|
1
|
78,548
|
81,690
|
|
2
|
81,045
|
84,287
|
WSN Officer Grade 9
|
1
|
83,462
|
86,801
|
|
2
|
85,805
|
89,237
|
WSN Officer Grade 10
|
1
|
89,312
|
92,885
|
|
2
|
91,972
|
95,651
|
WSN Officer Grade 11
|
1
|
96,531
|
100,392
|
|
2
|
100,624
|
104,649
|
WSN Officer Grade 12
|
1
|
106,924
|
111,201
|
|
2
|
111,636
|
116,101
|
Senior Officer
|
|
|
|
WSN Senior Officer
|
|
|
|
Level 1
|
1
|
124,915
|
129,912
|
|
2
|
134,597
|
139,981
|
WSN Senior Officer
|
1
|
|
|
Level 2
|
|
136,875
|
142,350
|
|
2
|
146,525
|
152,386
|
WSN Senior Officer
|
1
|
|
|
Level 3
|
|
151,430
|
157,487
|
|
2
|
166,225
|
172,874
|
Table 2 -
Allowances
Item
|
Clause
|
Description
|
Amount
|
No
|
No
|
|
$
|
|
|
Capital cities and high cost country centres (see list in
item 2)
|
|
1
|
33
|
Breakfast
|
20.20
|
1
|
33
|
Dinner
|
38.95
|
1
|
33
|
Lunch
|
22.65
|
|
|
|
|
|
|
Tier 2 (see list in item 2) and other country centres
|
|
1
|
33
|
Breakfast
|
18.05
|
1
|
33
|
Dinner
|
35.60
|
1
|
33
|
Lunch
|
20.65
|
|
|
Capital Cities
|
Per day
|
2
|
45(2)(a)
|
Adelaide
|
242.25
|
|
|
Brisbane
|
253.25
|
|
|
Canberra
|
211.25
|
|
|
Darwin
|
238.25
|
|
|
Hobart
|
201.25
|
|
|
Melbourne
|
247.25
|
|
|
Perth
|
233.25
|
|
|
Sydney
|
280.25
|
2
|
45(2)(a)
|
High cost country centres
|
Per day
|
|
|
Alice Springs (NT)
|
195.25
|
|
|
Ballarat (Vic)
|
199.25
|
|
|
Bendigo (Vic)
|
204.75
|
|
|
Broome (WA)
|
250.25
|
|
|
Bunbury (WA)
|
194.25
|
|
|
Burnie (Tas)
|
210.75
|
|
|
Carnarvon (WA)
|
206.75
|
|
|
Christmas Island (WA)
|
217.25
|
|
|
Cocos (Keeling) Island
|
197.25
|
|
|
Dampier (WA)
|
247.25
|
|
|
Derby (WA)
|
236.25
|
|
|
Devonport (Tas)
|
203.75
|
|
|
Emerald (Vic)
|
193.75
|
|
|
Exmouth (WA)
|
224.75
|
|
|
Geraldton (WA)
|
194.25
|
|
|
Gold Coast (Qld)
|
215.25
|
|
|
Halls Creek (WA)
|
222.25
|
|
|
Horn Island (Qld)
|
216.25
|
|
|
Jabiru (NT)
|
287.25
|
|
|
Kadina (SA)
|
194.25
|
|
|
Kalgoorlie (WA)
|
199.75
|
|
|
Karratha (WA)
|
286.25
|
|
|
Kununurra (WA)
|
244.25
|
|
|
Launceston (Tas)
|
198.25
|
|
|
Mackay (Qld)
|
197.25
|
|
|
Maitland (NSW)
|
195.75
|
|
|
Mount Gambier (SA)
|
194.25
|
|
|
Mount Isa (Qld)
|
207.25
|
|
|
Naracoorte (SA)
|
193.25
|
|
|
Newcastle (NSW)
|
202.25
|
|
|
Newman (WA)
|
233.25
|
|
|
Norfolk Island
|
195.25
|
|
|
Port Hedland (WA)
|
276.75
|
|
|
Port Lincoln (SA)
|
193.25
|
|
|
Port Macquarie (NSW)
|
200.25
|
|
|
Portland (Vic)
|
198.25
|
|
|
|
|
|
|
Thursday Island (Qld)
|
262.25
|
|
|
Wagga Wagga (NSW)
|
197.75
|
|
|
Warrnambool (Vic)
|
196.75
|
|
|
Weipa (Qld)
|
222.25
|
|
|
Whyalla (SA)
|
194.25
|
|
|
|
|
|
|
Wollongong (NSW)
|
195.75
|
|
|
Wonthaggi (Vic)
|
208.25
|
|
|
Yulara (NT)
|
410.25
|
|
|
|
|
2
|
45(2)(a)
|
Tier 2 country centres
|
Per day
|
|
|
Albany (WA)
|
180.75
|
|
|
Bairnsdale (Vic)
|
180.75
|
|
|
Bathurst (NSW)
|
180.75
|
|
|
|
|
|
|
Bordertown (SA)
|
180.75
|
|
|
Bright (Vic)
|
180.75
|
|
|
Broken Hill (NSW)
|
180.75
|
|
|
|
|
|
|
Cairns (Qld)
|
180.75
|
|
|
Castlemaine (Vic)
|
180.75
|
|
|
Ceduna (SA)
|
180.75
|
|
|
Dalby (Qld)
|
180.75
|
|
|
Dubbo (NSW)
|
180.75
|
|
|
Echuca (Vic)
|
180.75
|
|
|
Esperance (WA)
|
180.75
|
|
|
Gladstone (Qld)
|
180.75
|
|
|
Horsham (Vic)
|
180.75
|
|
|
Innisfail (Qld)
|
180.75
|
|
|
|
|
|
|
Orange (NSW)
|
180.75
|
|
|
Port Augusta (SA)
|
180.75
|
|
|
Renmark (SA)
|
180.75
|
|
|
Roma (Qld)
|
180.75
|
|
|
Seymour (Vic)
|
180.75
|
|
|
|
|
2
|
45(2)(a)
|
Other country centres
|
170.75
|
|
45(2)(b)
|
Incidental expenses when claiming actual expenses - all
|
15.45
|
|
|
locations
|
|
|
45(5)
|
Daily allowance payable after 35 days and up to 6 months
in
|
50% of the
|
|
|
the same location - all locations
|
appropriate
|
|
|
|
location
|
|
|
|
rate
|
|
|
Casual rate
|
|
|
|
|
|
|
|
Engine capacity-
|
|
|
|
2601 cc and over
|
29.5
|
|
|
1601cc- 2600 cc
|
27.4
|
|
|
1600cc or less
|
23.1
|
|
|
|
|
|
|
Motor cycle allowance
|
|
|
|
|
|
|
|
Normal business
|
36.4
|
|
|
During transport disruptions
|
18.3
|
|
|
|
|
5
|
51(e)
|
Towing trailer or horse float
|
10.7
|
|
|
|
|
|
|
Transport allowance
|
|
|
|
|
|
|
|
Engine capacity-
|
|
|
|
Over 1600cc
|
35.4
|
|
|
1600cc and under
|
29.6
|
|
|
|
Per night
|
|
|
Camping Equipment Allowance
|
24.9
|
|
|
Bedding and sleeping bag
|
4.15
|
|
|
Remote areas -
|
Per annum
|
|
|
|
|
|
|
With dependants
|
|
|
|
- Grade A
|
1,597
|
|
|
- Grade B
|
2,118
|
|
|
- Grade C
|
2,829
|
|
|
|
|
|
|
Without dependants
|
|
|
|
- Grade A
|
1,114
|
|
|
- Grade B
|
1,485
|
|
|
- Grade C
|
1,982
|
|
|
Assistance to staff members stationed in a remote area
when
|
|
|
|
travelling on recreation leave
|
|
|
|
|
|
|
|
By private motor vehicle
|
Appropriate
|
|
|
|
casual rate up
|
|
|
|
to a
|
|
|
|
maximum of
|
|
|
|
2850
|
|
|
|
kms less
|
|
|
|
$39.35
|
|
|
|
|
|
|
|
Actual
|
|
|
|
reasonable
|
|
|
Other transport - With dependants
|
Expenses in
|
|
|
|
excess
|
|
|
|
of $39.35 and
|
|
|
|
up to
|
|
|
|
$263.70
|
|
|
|
|
|
|
|
Actual
|
|
|
|
reasonable
|
|
|
Other transport - Without dependants
|
Expenses in
|
|
|
|
excess
|
|
|
|
$39.35 and up
|
|
|
|
to $130.20
|
|
|
|
|
|
|
Rail travel
|
Actual fare
|
|
|
|
less
|
|
|
|
$39.35
|
|
|
Insurance cover
|
Up to
|
|
|
|
$A1,173.00
|
|
|
Exchanges
|
Actual cost
|
|
|
Room at home used as office
|
728.00 per
|
|
|
|
annum
|
6
|
30(b)
|
On-call allowance
|
73 cents per
|
|
|
|
hour
|
|
|
Flying allowance
|
15.60 per hour
|
7
|
89(a)(1)
|
Laundry allowance
|
3.85 per
|
|
|
|
week
|
|
|
Garage and carport allowance
|
Per annum
|
|
|
|
|
|
|
Garage allowance
|
515.00
|
|
|
Carport allowance
|
114.00
|
|
|
Community Language Allowance Scheme
|
Per annum
|
|
|
|
|
|
|
Base Level Rate
|
1,036.00
|
|
|
Higher Level Rate
|
1,556.00
|
8
|
40(a)
|
First aid allowance
|
Per annum
|
|
|
|
|
|
|
Holders of basic qualifications
|
666.00
|
|
|
Holders of current occupational first aid certificate
|
1002.00
|
|
|
Overtime meal allowances
|
|
|
|
|
|
9
|
32(a)
|
Breakfast
|
22.60
|
9
|
32(a)
|
Lunch
|
22.60
|
9
|
32(a)
|
Dinner
|
22.60
|
9
|
32(a)
|
Supper
|
8.70
|
D.W.
RITCHIE, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.