NSW
Aboriginal Land Council Staff Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1664 of 2008)
|
Before Commissioner
McKenna
|
6 November 2009
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Parties to
the Award
5. Award
History
6. Coverage
7. Statement
of Intent
8. Work
Environment
9. Grievance
and Dispute Settling Procedures
10. Employment
Termination Procedures
11. Local
Arrangements
12. Working
Hours
13. Morning and
Afternoon Breaks
14. Meal Breaks
15. Variation
of Hours
16. Natural
Emergencies and Major Transport Disruptions
17. Assistance
with Transport
18. Notification
of Absence from Duty
19. Public
Holidays
20. Standard
Working Hours
21. Flexible
Working Hours
22. Non-Compliance
23. Excess
Travelling Time
24. Waiting
Time
25. Travelling
Allowances - General
26. Meal
Expenses on one day Journeys
27. Travelling
Allowances when staying in Non NSWALC Provided Accommodation
28. Travelling
Allowances when staying in NSWALC Provided Accommodation
29. Restrictions
on Payment of Travelling Allowances
30. Increase or
Reduction in Payment of Travelling Allowances
31. Production
of Receipts
32. Travelling
Distance
33. Allowance
Payable for Use of Private Motor Vehicle
34. Damage to
Private Motor Vehicle Used for Work
35. Overseas
Travel
36. Exchanges
37. Compensation
for Damage to or Loss of Staff Member’s Personal Property
38. Garage and
Carport Allowance
39. First Aid
Allowance
40. Review of Allowances
Payable in terms of this Award
41. Trade Union
Activities Regarded as on Duty
42. Trade Union
Activities Regarded as Special Leave
43. Trade Union
Training Courses
44. Conditions
applying to On-Loan Arrangements
45. Period of
Notice for Trade Union Activities
46. Access to
facilities by Trade Union Delegates
47. Responsibilities
of the Trade Union Delegate
48. Responsibilities
of the Trade Union
49. Responsibilities
of Workplace Management
50. Right of
Entry Provisions
51. Travelling
and Other Costs of Trade Union Delegates
52. Industrial
Action
53. Consultation
and Technological Change
54. Deduction
of Trade Union Membership Fees
55. Leave -
General Provisions
56. Absence
from Work
57. Applying
for Leave
58. (Deleted)
59. Long
Service Leave
60. Family and
Community Service Leave
60A. Bereavement
Leave
61. Leave
without Pay
62. (Deleted)
63. Observance
of Essential Religious or Cultural Obligations
64. Parental
Leave
65. Recreation
Leave
66. Annual
Leave Loading
67. Sick Leave
68. Sick Leave -
Requirements for Medical Certificate
69. Sick Leave
to Care for a Family Member
70. Sick Leave
- Workers Compensation
71. Sick leave
- Claims other than Workers Compensation
72. Special
Leave
73. Staff
Development and Training Activities
74. Study
Assistance
75. Overtime -
General
76. Rate of
Payment for Overtime
77. Recall to
Duty
78. Overtime
Meal Breaks
79. Overtime
Meal Allowances
80. Payment for
Overtime or Leave in Lieu
81. Calculation
of Overtime
82. Review of
Overtime Meal Allowances
83. Provision
of Transport in Conjunction with Working of Overtime
84. Salary
Sacrifice
85. Anti-Discrimination
85A. Secure
Employment
86. Salary and
Wages
87. No Extra
Claims
88. Leave
Reserved
89. Redundancy
Provisions
90. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Allowances
Table 2 - Rates of Pay
2. Title
This award shall be known as the NSW Aboriginal Land Council
Staff Award 2009.
3. Definitions
"Act" means the Aboriginal Land Rights Act 1983 (NSW).
"Accumulation" means the accrual of leave or time.
In respect of weekly study time "accumulation" means the aggregation
of short periods of weekly study time which is granted for private study
purposes.
"Agreement" means an agreement as defined in the Industrial
Relations Act 1996.
"Approved Course" means a course relevant to the
employment of the staff member in the New South Wales Aboriginal Land Council
and approved by the Chief Executive Officer.
"Association" means the Public Service Association
and Professional Officers' Association Amalgamated Union of New South Wales.
"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.
"Award" means an award as defined in the Industrial
Relations Act 1996.
"Birth" means the birth of a child and includes
stillbirth.
"Capital City rate" means the travelling allowance
rate applicable within the Sydney Telephone District or within a corresponding
area in the Capital City of another State or Territory.
"Casual Employee" means an employee engaged on a
day to day basis or hour per hour.
"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 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" means the chief
administrative officer of the NSW Aboriginal Land Council or a person
authorised by the Chief Executive Officer.
"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.
"Daily rate" or "Rate per day" means the
rate payable for 24 hours, unless otherwise specified.
"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.
"Day worker" means a staff member, who works the
ordinary hours from Monday to Friday inclusive between the hours of 7.30 am.
and 6.00 pm. or as negotiated under a local arrangement.
"Expected date of birth", in relation to a staff
member who is pregnant, means a date specified by her medical practitioner to
be the date on which the medical practitioner expects the staff member to give
birth as a result of the pregnancy.
"Extended Leave" means extended (long service)
leave to which a staff member is entitled under the provisions of Schedule 3
Section 55 of the Public Sector Employment and Management Act 2002, as
amended from time to time.
"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 the NSW Aboriginal Land Council Flexitime Working Hours Policy as
it applies to professional and administrative staff.
"Flex leave" means a period of leave available to
be taken by a staff member as specified in subclause (n) of clause 21 Flexible
Working Hours of 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, i.e., 35 hours per week, depending on the classification,
required to be worked as at the date of this award.
"Full-time position" means a position which is
occupied, or if not for being vacant, would be occupied, by a full-time staff
member.
"Full-time staff member" means a staff member
whose ordinary hours of duty are specified in this award.
"Half day" means half the standard contract hours
for the day.
"Headquarters" means the centre to which a staff
member is attached or from which a staff member is required to operate on a
long-term basis.
"Industrial action" means industrial action as
defined in the Industrial Relations Act 1996.
"Local Arrangement" means an agreement reached at
the organisational level between the Chief Executive Officer and the Public
Service Association in terms of clause 11, Local Arrangements of this award.
"Long Service Leave" means long service leave to
which a staff member is entitled under the provisions of the Long Service
Leave Act 1955.
"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 Clause 11 - Local
Arrangements - the hours of duty the Chief Executive Officer 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 subclause
(ix) of clause 9, Grievance and Dispute Settling Procedures 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
"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
and agreed to by the staff member or where the staff member is unable to use
other transport due to a disability.
"Official overseas travel" means authorised travel
out of Australia by a staff member where the staff member proceeds overseas on
official business.
"On duty" means the time required to be worked for
the NSW Aboriginal Land Council. For the
purposes of Clause 41 - Trade Union Activities Regarded as on Duty of this
award, "on duty" means the time off with pay given by the New South
Wales Aboriginal Land Council to the accredited union delegate to enable the
union delegate to carry out legitimate trade union activities during ordinary
work hours without being required to lodge an application for leave.
"On loan" means an arrangement between the NSW
Aboriginal Land Council and the Public Service Association where a staff member
is given leave of absence from the workplace to take up employment with the
staff member’s trade union for a specified period of time during which the
Public Service Association is required to reimburse the New South Wales
Aboriginal Land Council for the staff member's salary and associated on-costs.
"On special leave" means the staff member is
required to apply for special leave in order to engage in an activity which
attracts the grant of special leave in the terms of this award.
"Overtime" means all time worked, whether before
or after the ordinary daily hours of duty, at the direction of the Chief
Executive Officer, which, due to its character or special circumstances, cannot
be performed during the staff member’s ordinary hours of duty. Where a flexible
working hours scheme is in operation, overtime shall be deemed as the hours
directed to be worked before or after bandwidth or before or after the time
specified in a local arrangement made pursuant to the provisions of clause 11,
Local Arrangements of this award provided that, on the day when overtime is
required to be performed, the staff member shall not be required by the Chief
Executive Officer to work more than 7 hours after finishing overtime or before
commencing overtime.
"Partner" means a person living with the staff
member as the partner of that staff member on a bona fide domestic situation.
"Part-time entitlement", unless specified
otherwise in this award, means pro rata of the full-time entitlements
calculated according to the number of hours a staff member works in a part-time
position or under a part-time arrangement.
"Part-time hours" means the hours which are less
than the hours which constitute full-time work under the relevant industrial
instrument.
"Part-time position" means a designated part-time
position and, unless otherwise specified, includes any position which is filled
on a part-time basis.
"Part-time staff member" means a staff member
whose ordinary hours of duty are specified as part-time in a formal industrial
instrument or whose contract hours are less than the full-time hours.
"Prescribed ceasing time" means, for a staff
member working standard hours, the conclusion of daily standard hours for that
staff member. For a staff member working under a flexible working hours'
scheme, "prescribed ceasing time" means the conclusion of bandwidth
of the scheme applying to that staff member.
"Prescribed starting time" means, for a staff
member not working under a flexible working hours scheme, the commencement of
standard daily hours of that staff member. For a staff member working under a
flexible working hours scheme, "prescribed starting time," means the
commencement of bandwidth of the scheme applying to that staff member.
"Public holiday" means a day proclaimed as a
public holiday. This definition does
not include a Saturday which is such a holiday by virtue of section 15A of that
Act, and 1 August or such other day that is a bank holiday instead of 1 August.
"Recall 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 working hours scheme.
"Relief staff" means staff employed on a temporary
basis to provide relief in a position until the return from authorised leave of
the substantive occupant or in a vacant position until it is filled
substantively.
"Residence", in relation to a staff member, means
the ordinary and permanent place of abode of the staff member.
"Secondment" means an arrangement agreed to by the
Chief Executive Officer, the staff member and another public service
department, a public sector organisation or a private sector organisation which
enables the staff member to work in such other organisation for an agreed
period of time and under conditions agreed to prior to the commencement of the
period of secondment.
"Staff Member" means a casual, temporary or
permanent employee of the NSW Aboriginal Land Council and includes both
full-time and part-time staff employed by the NSW Aboriginal Land Council other
than the Chief Executive Officer and all Station and Farm Managers and all
other employees within the scope of the Pastoral Employees (State) Award. For the purposes of Clause 62 Maternity
Leave of this award, "staff member" means a female staff member.
"Short leave" means the leave which was available
to be granted to staff in the case of pressing necessity and which was replaced
by the family and community service leave from 20 September 1994.
"Standard hours" are set and regular hours of
operation as determined by the Chief Executive Officer. Standard hours are
generally the hours which were in operation prior to the introduction of
flexible working hours or have been determined as standard hours for the NSW
Aboriginal Land Council since the introduction of flexible working hours.
"Standby" means an instruction given by the Chief
Executive Officer to a staff member to be available for immediate contact in
case of an authorised call-out requiring the performance of duties.
"Study leave" means leave without pay granted for
courses at any level or for study tours during which financial assistance may
be approved by the Chief Executive Officer, if the activities to be undertaken
are considered to be of relevance or value to the NSW Aboriginal Land Council.
"Study Time" means the time allowed off from
normal duties on full pay to a staff member who is studying in a part-time
course which is of relevance to the NSW Aboriginal Land Council.
"Supervisor" means the immediate supervisor or
manager of the area in which a staff member is employed or any other staff
member authorised by the Chief Executive Officer to fulfil the role of a
supervisor or manager, other than a person employed as a consultant or
contractor.
"Temporary employee" is an employee engaged for a
specific task and/or period of time and shall be entitled to the same
conditions as a permanent employee on a pro rata basis.
"Temporary work location" means the place at or
from which a staff member temporarily performs official duty if required to
work away from headquarters.
"Trade Union" or "Union" means a
registered trade union, as defined in the Industrial Relations Act 1996.
"Trade Union Delegate" means an accredited union
delegate responsible for his/her workplace; and/or a person who is elected by
the trade union as its representative, an executive member or a member of the
union's Council.
"Trade Union Official" means a person who is
employed by the union to carry out duties of an official in a permanent or
temporary capacity, including elected full-time officials and/or staff members
placed on loan to the union for an agreed period of time.
"Workplace" means the NSW Aboriginal Land Council
or, as the case may be, a branch or section of the organisation in which the
staff member is employed.
"Workplace Management" means the Chief Executive
Officer or any other person authorised by the Chief Executive Officer to assume
responsibility for the conduct and effective, efficient and economical management
of the functions and activities of the organisation or part of the
organisation.
4. Parties to the
Award
The parties to this Award are the NSW Aboriginal Land
Council and the Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales.
5. Award History
The first award was made following the passing and
proclamation on 25 October 2002 of the Aboriginal Land Rights Amendment Act
2001 (NSW), amending the Aboriginal Land Rights Act 1983. The Award was made as reflective of the
current conditions of employment as agreed between the parties taking into
account the transition from the public sector to the private sector. The Award
also provided for the regulation of wages and salaries. The Award sought to
preserve the position applying as at 25 October 2002 subject to specific leave
reserved granted to the parties to pursue during the currency of the Award wage
and salary adjustment and classification structuring conducive to the future
needs of the NSW Aboriginal Land Council in accordance with the procedures so
established in Clause 88 Leave Reserved.
6. Coverage
The provisions of this award shall apply to all employees of
the NSW Aboriginal Land Council other than the Chief Executive Officer and all Station
and Farm Managers and all other employees of the NSW Aboriginal Council within
the scope of the Pastoral Employees (State) Award.
7. Statement of
Intent
This award aims to consolidate, in the one document, all
conditions of employment of staff employed by the NSW Aboriginal Land Council.
8. Work Environment
(i) Occupational
Health and Safety - The parties to this award are committed to achieving and
maintaining accident-free and healthy workplaces in NSW Aboriginal Land Council
by:
(a) the development
of policies and guidelines for the NSW Aboriginal Land Council on Occupational
Health, Safety and Rehabilitation;
(b) consultative
mechanisms and structures being established within the NSW Aboriginal Land
Council to identify and introduce safe systems of work, safe work practices,
working environments; to develop strategies to assist the rehabilitation of
injured staff members; and to determine the level of responsibility to achieve
these objectives. This will assist to
achieve the objects of the Occupational Health and Safety Act 2000 and
the Regulations and Codes of Practice made under the Act;
(c) identifying
training strategies for staff members, as appropriate, to assist in the
recognition, elimination or control of workplace hazards and the prevention of
work related injury and illness;
(d) directly
involving the Chief Executive Officer in the provisions of paragraphs (a) to
(c) inclusive of this subclause.
(ii) Equality in employment
- The NSW Aboriginal Land Council is committed to the achievement of equality
in employment and the award has been drafted to reflect this commitment.
(iii) Harassment-free
Workplace - Harassment on the grounds of sex, race, marital status, physical or
mental disability, sexual preference, transgender, age or carer's
responsibility is unlawful in terms of the Anti-Discrimination Act 1977.
Management and staff of the NSW Aboriginal Land Council are required to refrain
from, or being party to, any form of harassment in the workplace.
8. Grievance and
Dispute Settling Procedures
(i) 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 NSW Aboriginal
Land Council, if required.
(ii) A staff member
is required to notify in writing their immediate manager, as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
(iii) The immediate
manager 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.
(iv) If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within two (2) working days, or as soon
as practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the Chief
Executive Officer.
(v) The Chief
Executive Officer may refer the matter to an independent person for
consideration.
(vi) 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.
(vii) A staff member,
at any stage, may request to be represented by the Association.
(viii) The Association
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.
(ix) Whilst the
procedures outlined in subclauses (i) to (viii) 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.
10. Employment
Termination Procedures
(i) Cessation of
Employment - In order to cease employment, the employer or the employee shall
give one (1) weeks notice or forfeiture of one (1) week's pay as the case may
be.
(ii) Abandonment of
Employment - an employee who is absent from duty without authorisation for a
period exceeding three (3) continuous days is to be mailed or couriered a
certified letter to their last known address requesting the reason for the
absence; directing the employee to resume duty within a specified time, and
advising of the prospect of termination if the direction is not followed.
(iii) If the
employee does not resume duty within the specified period or fails to provide a
satisfactory reason for their unauthorised absence the Chief Executive Officer
may terminate the person’s employment.
(iv) Summary
Dismissal - the NSW Aboriginal Land Council shall have the right to dismiss an
employee without notice for conduct that justifies instant dismissal.
11. Local
Arrangements
(i) Local
arrangements, as specified in this award, may be negotiated between the Chief
Executive Officer and the Public Service Association in respect of the NSW
Aboriginal Land Council.
(ii) All local
arrangements negotiated between the NSW Aboriginal Land Council and Public
Service Association must be contained in a formal document, such as a
co-lateral agreement, a memorandum of understanding, an award, an enterprise
agreement or other industrial instrument.
12. Working Hours
(a) The working
hours of staff and the manner of their recording, shall be as determined from
time to time by the Chief Executive Officer. Such direction will include the
definition of full time contract hours as contained in clause 3, Definitions of
this award.
(b) The staff member
in charge of an unit or branch will be responsible to the Chief Executive
Officer for the proper observance of hours of work and for the proper recording
of such attendance.
(c) The Chief
Executive Officer 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. In determining what is reasonable,
the staff member’s prior commitments outside the workplace, particularly the
staff member’s family responsibilities, community obligations or study
arrangements shall be taken into account. Consideration shall be given also to
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.
(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 Chief
Executive Officer shall ensure that all staff members employed in the NSW
Aboriginal Land Council are informed of the hours of duty required to be worked
and of their rights and responsibilities in respect of such hours of duty.
13. Morning and
Afternoon Breaks
Staff members may take a 10 minute morning break, provided
that the discharge of the NSW Aboriginal Land Council 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.
14. 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 Chief Executive Officer and the
Public Service Association to provide for payment of a penalty.
15. Variation of
Hours
If the Chief Executive Officer is satisfied that a staff
member is unable to comply with the general hours operating in the NSW
Aboriginal Land Council because of limited transport facilities, urgent
personal reasons, community or family reasons, the Chief Executive Officer 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 Public
Service Association is consulted, as appropriate, on any implications of the
proposed variation of hours for the work area.
16. Natural
Emergencies and Major Transport Disruptions
(a) 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 Clause 15 - Variation of Hours of this award;
and/or
(2) negotiate an
alternative working location with the NSW Aboriginal Land Council; 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.
17. Assistance With
Transport
The extent of any assistance by the NSW Aboriginal Land
Council 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 according to the provisions contained in Clause 83 - Provision of
Transport in Conjunction with Working of Overtime of this award.
18. 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 Chief Executive Officer,
the amount representing the period of absence shall be deducted from the staff
member's pay.
(c) The Supervisor
must notify the Human Resources Unit within 24 hours for the purposes of clause
18(b) of this award.
19. Public Holidays
(a) Unless directed
to attend for duty by the Chief Executive Officer, a staff member is entitled
to be absent from duty on any day which is:
(1) a public holiday
throughout the State; or
(2) National
Aboriginal & Islanders day of Commemoration (NAIDOC); or
(3) such days as
deemed by the Chief Executive Officer to be days of national Aboriginal
significance.
20. 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.
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 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.
21. Flexible Working
Hours
(a) Unless a local
arrangement has been negotiated as provided in Clause 11 - Local Arrangements
of this award, a flexible working hours scheme in terms of this subclause may
operate in the NSW Aboriginal Land Council or a unit/branch of the
organisation, in accordance with the NSW Aboriginal Land Council Flexible
Working Hours Policy and, subject to operational requirements, as determined by
the Chief Executive Officer.
(b) Where the
operational requirements allow, the working of flexible hours under a flexible
working hours scheme operating in the NSW Aboriginal Land Council, 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 as a:
casual employee or
under permanent standard hours; or
trainee; or
staff members engaged on Rural Properties.
(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 7.30a.m. and 6.00p.m., unless a different time
span has been negotiated under a local arrangement in terms of clause 11, Local
Arrangements of this award.
(f) Coretime - The
coretime shall be between the hours of 9.30a.m. and 3.30p.m, excluding the
lunch break, unless other arrangements have been negotiated under a local
arrangement in terms of clause 11, Local Arrangements of this award.
(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 hours or reduced
to not less than 30 minutes within the span of hours determined by the Chief
Executive Officer. Where a local arrangement has been negotiated in terms of clause
11, Local Arrangements 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 clause 11,
Local Arrangements of this award, the settlement period shall be four weeks.
(1) For time
recording purposes the settlement period and flex leave must coincide.
(2) Where
exceptional circumstances apply, eg prolonged transport strikes, adverse
weather conditions and the like, the Chief Executive Officer may extend the
affected settlement period by a further 4 weeks.
(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 clause 11,
Local Arrangements 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 NSW
Aboriginal Land Council shall ensure that a staff member does not 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. Hours
worked are to be monitored by the staff member and supervisor to ensure that,
as a far as possible, excess credit and debit hours are avoided.
(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 clause 11, Local Arrangements 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 and
the Public Service Association under a local arrangement in terms of clause 11,
Local Arrangements of this award.
(n) Flex leave -
Subject to operational requirements, a staff member may take off one full day
or two half days in a settlement period of 4 weeks. 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 of clause 11, Local Arrangements of this award.
(o) 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 Clause 56
- Absence from Work of this award.
(p) Standard hours -
Notwithstanding the provisions of this clause, the Chief Executive Officer may
direct the staff member to work standard hours and not flexible hours:
(1) where the Chief
Executive Officer decides that the working of flexible hours by a staff member
or members does not suit the operational requirements of the NSW Aboriginal
Land Council or a unit/branch of the organisation, the Public Service
Association 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.
(q) Easter
concession - Staff members who work under a flexible working hours scheme may
be granted, subject to the convenience of the NSW Aboriginal Land Council, an
additional half day's flex leave on the Thursday preceding the Good Friday
public holiday.
22. 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, shall investigate such non compliance as soon as it comes to notice
and shall take appropriate remedial action according to the Management of
Unsatisfactory Performance Guidelines.
23. Excess Travelling
Time
(a) Excess
Travelling Time - A staff member directed by the Chief Executive Officer 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) if it is
operationally convenient, by taking equivalent time off in lieu to be granted
for excess time spent in travelling on official business.
(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 11.00p.m. on
any one day and 7.30a.m. 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 undertaken;
(4) time from
11.00pm. on one day to 7.30am. on the following day if sleeping facilities have
been provided;
(5) travel not undertaken
by the most practical available route;
(6) travel overseas.
(f) 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
|
|
260.89
|
|
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) Time off in lieu
or payment for excess travelling time or waiting time will not granted or made
for more than eight hours in any period of 24 consecutive hours.
24. 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 Clause 23 - Excess Travelling
Time.
25. Travelling
Allowances - General
(a) 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 NSW Aboriginal Land Council.
(b) The Chief
Executive Officer shall require staff members to obtain an authorisation for
all official travel prior to incurring any travel expense.
(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.
26. Meal Expenses on
One-Day Journeys
A staff member who is authorised by the Chief Executive
Officer 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 Item 1 of Table 1 of Part B Monetary
Rates for:
(1) breakfast when
required to commence travel at or before 6.00 a.m. and at least 1 hour before
the prescribed starting time;
(2) an evening meal
when required to travel until or beyond 6.30 p.m.; and
(3) 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.
27. Travelling
Allowances When Staying in Non NSWALC Provided Accommodation
(1) A staff member
who is required by the Chief Executive Officer 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 1 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 1 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 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, the allowance
payable for part days of travel shall be limited to the actual expenses
incurred during such part day travel.
(5) After the first
35 days - If a staff member is required by the Chief Executive Officer 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
1 of Part B Monetary Rates.
(6) Long term
arrangements - As an alternative to the provisions set out in subclauses (2)
& (5) above, NSW Aboriginal Land Council 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.
28. Travelling
Allowances When Staying in NSWALC Provided Accommodation
When a staff member working from a temporary work location
is provided with accommodation by the NSWALC, the staff member shall be entitled
to claim the incidental expenses allowance set out in Item 3 of Table - 1
Allowances of Part B Monetary Rates for the same period. If meals are not
provided by the NSWALC 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.
29. Restrictions on
Payment of Travelling Allowances
An allowance under Clause 27 - Travelling Allowance when
staying in Non NSWALC Provided Accommodation 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 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 clause 27 - Travelling Allowance when staying in Non NSWALC
Provided Accommodation of this award who is granted special leave to return to
their residence at a weekend, shall be entitled to an allowance under clause 27
- Travelling Allowance when staying in Non NSWALC Provided Accommodation 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 Clause 27 -Travelling Allowance when staying in Non NSWALC
Provided Accommodation 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.
30. Increase Or
Reduction in Payment of Travelling Allowances
Where the Chief Executive Officer is satisfied that a
travelling allowance is:
(1) 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
(2) in excess of the
amount which would adequately reimburse the staff member for expenses properly
and reasonably incurred, the Chief Executive Officer may reduce the allowance
to an amount which would reimburse the staff member for expenses incurred
properly and reasonably.
31. Production of
Receipts
Payment of any actual expenses shall be subject to the
production of receipts, unless the Chief Executive Officer is prepared to
accept other evidence from the staff member.
32. Travelling
Distance
The need to obtain overnight accommodation shall be
determined by the Chief Executive Officer having regard to the safety of the
staff member or members travelling on official business and local conditions
applicable in the area. 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.
33. Allowance Payable
for Use of Private Motor Vehicle
(a) The Chief
Executive Officer 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 NSW Aboriginal Land Council 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.
(b) 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 clause 3,
Definitions of this award, shall be paid depending on the circumstances and the
purpose for which the vehicle is used.
(c) 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.
(d) A staff member
who, with the approval of the Chief Executive Officer, uses a private motor
vehicle for work shall be paid an appropriate rate of allowance specified in
Item 4 of Table 1 of Part B Monetary Rates for the use of such private motor vehicle.
(e) Expenses such as
tolls etc. shall be refunded to staff members where the charge was incurred
during approved work related travel.
(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.
34. Damage to Private
Motor Vehicle Used for Work
(a) Where a private
vehicle is damaged while being used for work, any normal excess insurance
charges prescribed by the insurer shall be reimbursed by the NSW Aboriginal
Land Council, provided:
(1) the damage is
not due to gross negligence by the staff member; and
(2) the charges
claimed by the staff member are not the charges prescribed by the insurer as
punitive excess charges.
(b) Provided the
damage is not the fault of the staff member, the NSW Aboriginal Land Council
shall reimburse to a staff member the costs of repairs to a broken windscreen,
if the staff member can demonstrate that:
(1) the damage was
sustained on approved work activities; and
(2) the costs cannot
be met under the insurance policy due to excess clauses.
35. Overseas Travel
Unless the Chief Executive Officer determines that a staff
member shall be paid travelling rates especially determined for the occasion, a
staff member required by the NSW Aboriginal Land Council to travel overseas on
official business, shall be paid the appropriate overseas travelling allowance
rates as specified in the Department of Premier and Cabinet Circular No.
2009-33 until such time as the circular is withdrawn or replaced.
36. Exchanges
(a) The Chief
Executive Officer may arrange two way or one way exchanges with other
organisations both public and private, if the NSW Aboriginal Land Council or the
staff member will benefit from additional training and development which is
intended to be used in the carrying out of the NSW Aboriginal Land Council
business.
(b) The conditions
applicable to those staff members who participate in exchanges will be determined
by the Chief Executive Officer according to the individual circumstances in
each case.
(c) The provisions
of this subclause do not apply to the loan of services of staff members to
trade unions. The provisions of Clause 44 Conditions Applying to On Loan
Arrangements of this award apply to staff members who are loaned to their trade
union.
37. Compensation for
Damage to Or Loss of Staff Member’s Personal Property
(a) Where damage to or
loss of the staff member's personal property occurs in the course of
employment, a claim may be lodged under the Workers Compensation Act and/or
under any insurance policy of the NSW Aboriginal Land Council covering the
damage to or loss of the personal property of the staff member.
(b) If a claim under
subclause (a) of this clause is rejected by the insurer, the Chief Executive
Officer may compensate a staff member for the damage to or loss of personal
property, if such damage or loss:
(1) is due to the
negligence of the NSW Aboriginal Land Council, 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 NSW Aboriginal Land Council
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 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
replacement item.
(d) For the purpose
of this clause, 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 NSW Aboriginal Land Council 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.
38. Garage and
Carport Allowance
(a) Where a staff
member garages a NSW Aboriginal Land Council vehicle in their own garage or
carport and the use of the garage or carport is considered essential by the
Chief Executive Officer, such staff member shall be paid an appropriate rate of
allowance as specified in Item 7 of Table 1 of Part B Monetary Rates.
(b) Payment of the
garage or carport allowance shall continue during periods when the staff member
is absent from headquarters.
39. 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 1 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.
40. Review of
Allowances Payable in Terms of This Award
Adjustment of Allowances - Allowances contained in this award
shall be reviewed as follows:
(a) Allowances
payable in terms of clauses listed in this paragraph shall be reviewed as soon
as the Australian Taxation Office issues its Ruling on "Reasonable
Amounts" for the 2006/2007 and subsequent income years.
(1) Clause 26 - Meal
Expenses on One Day Journeys.
(2) Clause 27 -
Travelling Allowances when staying in Non NSWALC Provided Accommodation.
(3) Clause 28 -
Travelling Allowance when staying in NSWALC Provided Accommodation.
(4) Clause 79 -
Overtime Meal Allowances for breakfast, lunch and dinner.
(b) Allowances
payable in terms of clauses listed in this paragraph shall be adjusted on 1
July each year in line with the increases in the Consumer Price Index for
Sydney during the preceding year (March Quarter figures):
(1) Clause 33 -
Allowances Payable for use of Private Motor Vehicle;
(2) Clause 38 -
Garage and Carport Allowance; and
(c) Allowances
payable in terms of clauses listed in this paragraph shall continue to be
subject to a percentage increase under this Award, and shall be adjusted on and
from the date or pay period the percentage increase takes effect:
(1) Clause 39 -
First Aid Allowance.
41. Trade Union
Activities Regarded as on Duty
A Public Service Association delegate will be released from
the performance of normal NSW Aboriginal Land Council duty 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 Public Service Association member requires the
presence of the Public Service Association; and
(3) any other
meeting with management,
by agreement with management, where operational
requirements allow the taking of such time;
(d) Giving evidence
in a court or tribunal in relation to an industrial matter.
(e) Presenting
information on the trade union and trade union activities at induction sessions
for new staff of the NSW Aboriginal Land Council; and
(f) 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.
42. 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 the Unions NSW and the biennial Congress of the Australian Council of Trade
Unions;
(d) attendance at
meetings called by the Unions NSW involving the Public Service Association
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 47, 48 and 49 of this award apply.
43. 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 and the relevant trade union under a local arrangement pursuant to
clause 11, Local Arrangements of this award.
(b) Courses
organised and conducted by the Trade Union Education Foundation or by the
Association 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 the Association;
(4) attendance being
confirmed in writing by the member's trade union or a nominated training
provider.
44. 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 Association:
(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 Association;
(c) assisting
Association officials with preparation of cases or any other activity outside
their normal workplace at which the delegate is required to represent the
interests of the Association;
(d) country tours
undertaken by a member of the executive or Council of the Association;
(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 Association;
(f) Financial
Arrangements - The following financial arrangements apply to the occasions when
a staff member is placed "on loan" to the Association:
(1) the NSW
Aboriginal Land Council will continue to pay the delegate or an authorised
union representative whose services are on loan to the Association;
(2) the NSW
Aboriginal Land Council will seek reimbursement from the Association at regular
intervals of all salary and associated on costs, including superannuation, as
specified by the NSWALC from time to time.
(3) Agreement with
the Association 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 and Association;
(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 and are to be kept
to the minimum time required. Where the Association needs to extend an on loan
arrangement, the Association shall approach the Chief Executive Officer in
writing for an extension of time well in advance of the expiration of the
current period of on loan arrangement.
45. Period of Notice
for Trade Union Activities
The Chief Executive Officer must be notified in writing by
the Association 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.
46. 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, email facilities;
(b) a notice board
for material authorised by the Association or access to staff notice boards for
material authorised by the Association;
(c) workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the Association.
47. Responsibilities
of the Trade Union Delegate
Responsibilities of the Association delegate are to:
(a) establish
accreditation as a delegate with the Association 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
Public Service Association literature/membership forms, under local
arrangements negotiated between the Chief Executive Officer and the
Association; and
(h) use any
facilities provided by the workplace properly and reasonably as negotiated at
organisational level.
48. Responsibilities
of the Trade Union
Responsibilities of the Public Service Association are to:
(a) provide written
advice to the Chief Executive Officer about an Association 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 51.
(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 well in advance of any proposed extension to the
"on loan" arrangement;
(f) assist the
workplace management in ensuring that time taken by the Association delegate is
accounted for and any facilities provided by the employer are used reasonably
and properly; and
(g) advise employer
of any leave taken by the Association delegate during the on loan arrangement.
49. 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) recredit 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.
50. 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.
51. Travelling and
Other Costs of Trade Union Delegates
(a) Except as
specified in subclause (c) of Clause 49 - 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 the
Association.
(b) In respect of meetings
called by the workplace management in terms of subclause (c) of Clause 49 -
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 clauses 25, 26, 27 or 28 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 NSW Aboriginal Land Council, 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 NSW Aboriginal Land Council by the
Public Service Association or the staff member.
52. 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.
53. Consultation and
Technological Change
(a) The NSW
Aboriginal Land Council management shall consult with the Association prior to
the introduction of any technological change or other change which may have a
significant impact upon an employee or a number of employees.
54. Deduction of
Trade Union Membership Fees
(a) At the staff
member’s election and with the concurrence of the Chief Executive Officer, the
staff members union membership fees may be deducted with written authority from
the staff member’s pay. Such fees are to be transmitted to the Public Service
Association at regular intervals. Alternative arrangements for the deduction of
union membership fees may be negotiated between the Chief Executive Officer and
the Public Service Association in accordance with clause 11 - Local
Arrangements of this award.
55. Leave - General
Provisions
(a) The provisions
contained in this clause apply to all staff members other than those to whom
arrangements apply negotiated between the Chief Executive Officer and the
Public Service Association in terms of clause 11 - Local Arrangements 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.
56. 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 work because of illness or other emergency, the
staff member shall notify or arrange for another person to notify the
supervisor 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 work without authorised leave and the Chief
Executive Officer 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 work without authorised leave.
57. 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.
(b) The Chief
Executive Officer shall deal with the application for leave according to the
wishes of the staff member, on condition that the operational requirements of
the NSW Aboriginal Land Council permit this to be done.
58. (Deleted)
59. Long Service
Leave
(1) In substitution
for the provisions of the Long Service Leave Act 1955 (NSW) employees
who were employees of the NSW Aboriginal Land Council prior to 17 February 2003
shall accrue and become entitled to long service leave upon the same basis as
extended leave was granted to employees of the NSW Aboriginal Land Council as
at 24 October 2002.
(Notation: As at 24 October 2002 the NSW Aboriginal
Land Council applied Schedule 3, Clause 1 subclauses (1) and (4); Clause 2
subclause (1); Clause 3 and Clause 4 subclause (1); section 55 of the Public
Sector Employment & Management Act 2002 (NSW) and shall continue to
apply those Clauses and subclauses of the schedule as at that date to all
relevant employees. Provision is also
made for staff to take half their entitled extended leave on double pay.
Allowance is also made for public holidays that fall during a period of
extended leave to be excluded from being debited from leave entitlements.)
(2) The provisions
of the Long Service Leave Act 1955 (NSW) shall apply to all employees
who commence employment with the NSW Aboriginal Land Council on or after 17
February 2003.
60. Family and
Community Service Leave
This clause is to be read in conjunction with Clause 60A
Bereavement Leave.
(a) The Chief
Executive Officer 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; and
(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 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 shall consider applications for
additional family and community service leave, if some other emergency arises.
On the death of a person defined in subclause (c) of Clause 69 - Sick Leave to
Care for a 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.
(h) In cases of
illness of a family member for whose care and support the staff member is
responsible, paid sick leave in accordance with Clause 69 - Sick Leave to Care
for a Family Member shall be granted when paid family and community service
leave has been exhausted.
(i) Personal Carers
Entitlement for casual employees
(1) Subject to the
evidentiary and notice requirements set out in (4) below casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subclause (c)(2) of Clause 69 who are sick and
require care and support, or who require care due to an unexpected emergency,
or the birth of a child.
(2) The NSW
Aboriginal Land Council and the employee shall agree on the period for which
the employee will be entitled to not be available to attend work. In the
absence of agreement, the employee is entitled to not be available to attend
work for up to 48 hours (i.e. two days) per occasion. The casual employee is
not entitled to any payment for the period of non-attendance.
(3) The NSW
Aboriginal Land Council must not fail to re-engage a casual employee because
the employee accessed the entitlements provided for in this clause. The rights
of the NSW Aboriginal Land Council to engage or not to engage a casual employee
are otherwise not affected.
(4) The casual
employee shall, if required:
(i) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(ii) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee
In normal circumstances, a casual employee must not
take carer’s leave under this subclause where another person had taken leave to
care for the same person.
60A. Bereavement
Leave
(a) An employee
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in subclause (iii) below.
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(c) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer's Leave in Clause 69, provided
that for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
(d) An employee shall
not be entitled to bereavement leave under this clause during any period in
respect of which the employee has been granted other leave.
(e) Bereavement
leave may be taken in conjunction with other leave available under subclauses
1, 2, 3, 4, 5 and 6 in the said clause 69. In determining such a request the
employer will give consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
(f) Bereavement
entitlements for casual employees
(1) Subject to the
evidentiary and notice requirements set out in (4) below casual employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in subclause c) (2) of Clause 69.
(2) The NSW
Aboriginal Land Council and the employee shall agree on the period for which
the employee will be entitled to not be available to attend work. In the
absence of agreement, the employee is entitled to not be available to attend
work for up to 48 hours (i.e. two days) per occasion. The casual employee is
not entitled to any payment for the period of non-attendance
(3) The NSW
Aboriginal Land Council must not fail to re-engage a casual employee because
the employee accessed the entitlements provided for in this clause. The rights
of the NSW Aboriginal Lands Council to engage or not engage a casual employee
are otherwise not affected.
(4) The casual
employee shall, if required:
(i) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(ii) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, a casual employee must not
take carer’s leave under this subclause where another person had taken leave to
care for the same person.
61. Leave Without Pay
(a) The Chief
Executive Officer 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.
(f) A staff member
shall normally be required to exhaust any accrued paid leave prior to
proceeding on leave without pay unless authorised by the Chief Executive
Officer.
(g) No paid leave
shall be granted during a period of leave without pay.
62. (Deleted)
63. 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,
flexleave or leave without pay to do so.
(b) Provided
adequate notice as to the need for leave is given by the staff member to the
NSW Aboriginal Land Council and it is operationally convenient to release the
staff member from duty, the Chief Executive Officer must grant the leave
applied for by the staff member in terms of this subclause.
(c) A staff member
of any religious faith who seek 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, 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.
(d) Notwithstanding
the provisions of subclauses (a), (b) and (c) of this clause, arrangements may
be negotiated between the NSW Aboriginal Land Council and the relevant trade
union(s) in terms of Clause 11, Local Arrangements of this award to provide
greater flexibility for staff members for the observance of essential religious
or cultural obligations.
64. Parental Leave
(a) Parental leave
includes maternity, adoption and "other parent" leave.
(b) Maternity leave
shall apply to a staff member who is pregnant and, subject to this clause the
staff member shall 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.
(3) 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.
(c) Adoption leave
shall apply to a staff member adopting a child and who will be the primary care
giver, the staff member shall be granted adoption leave as follows:
(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
may determine, if the child has commenced school at the date of the taking of
custody.
(3) Special Adoption
Leave - 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. Special adoption leave may be taken as a charge against recreation
leave, extended leave, flexitime or family and community service leave.
(d) Where maternity
or adoption leave does not apply, "other parent" leave is available
to male and female staff who apply for leave to look after his/her child or
children. Other parent leave applies as follows:
(1) Short other
parent leave - an unbroken period of up to 8 weeks 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 other
parent leave - for a period not exceeding 12 months, less any short other parental
leave already taken by the staff member as provided for in paragraph (1) of
this subclause. Extended other 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.
(e) A staff member
taking maternity or adoption leave is entitled to payment at the ordinary rate
of pay for a period of up to 14 weeks; a staff member entitled to short other
parent leave is entitled to payment at the ordinary rate of pay for a period of
up to 1 week, provided the staff member:
(1) applied for
parental leave within the time and in the manner determined set out in
subclause (j) of this clause; and
(2) prior to the
commencement of parental leave, completed not less than 40 weeks' continuous
service.
(3) Payment for the
maternity, adoption or short other parent leave may be made as follows:
(i) in advance as a
lump sum; or
(ii) fortnightly as
normal; or
(iii) fortnightly at
half pay; or
(iv) a combination
of full‑pay and half pay.
(f) Payment for
parental leave is at the rate applicable when the leave is taken. A staff
member holding a full time position who is on part time leave without pay when
they start parental leave is paid:
(1) at the full time
rate if they began part time leave 40 weeks or less before starting parental
leave;
(2) at the part time
rate if they began part time leave more than 40 weeks before starting parental
leave and have not changed their part time work arrangements for the 40 weeks;
(3) at the rate
based on the average number of weekly hours worked during the 40 week period if
they have been on part time leave for more than 40 weeks but have changed their
part time work arrangements during that period.
(g) A staff member
who commences a subsequent period of maternity or adoption leave for another
child within 24 months of commencing an initial period of maternity or adoption
leave will be paid:
(1) at the rate
(full time or part time) they were paid before commencing the initial leave if they
have not returned to work; or
(2) at a rate based
on the hours worked before the initial leave was taken, where the staff member
has returned to work and reduced their hours during the 24 month period; or
(3) at a rate based
on the hours worked prior to the subsequent period of leave where the staff
member has not reduced their hours.
(h) Except as
provided in subclauses (e), (f) and (g) of this clause parental leave shall be
granted without pay.
(i) Right to
request
(1) A staff member
who has been granted parental leave in accordance with subclause (b), (c) or
(d) of this clause may make a request to the Chief Executive Officer to:
(i) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(ii) return from a
period of full time parental leave on a part time basis until the child reaches
school age (Note: returning to work from parental leave on a part time basis
includes the option of returning to work on part time leave without pay);
to assist the staff member in reconciling work and
parental responsibilities.
(2) The Chief
Executive Officer 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 NSW Aboriginal
Land Council’s business. Such grounds
might include cost, lack of adequate replacement staff, loss of efficiency and
the impact on customer service.
(j) Notification
Requirements
(1) When the NSW
Aboriginal Land Council is made aware that a staff member or their spouse is
pregnant or is adopting a child, the NSW Aboriginal Land Council must inform
the staff member of their entitlements and their obligations under the award.
(2) A staff member
who wishes to take parental leave must notify the Chief Executive Officer in
writing at least 8 weeks (or as soon as practicable) before the expected
commencement of parental leave:
(i) that she/he
intends to take parental leave, and
(ii) the expected
date of birth or the expected date of placement, and
(iii) if she/he is
likely to make a request under subclause (i) of this clause.
(3) At least 4 weeks
before a staff member's expected date of commencing parental leave they must
advise:
(a) the date on
which the parental leave is intended to start, and
(b) the period of
leave to be taken.
(4) Staff member’s
request and the Chief Executive Officer’s decision to be in writing
The staff member’s request under paragraph (1) and the
Chief Executive Officer’s decision made under paragraph (2) must be recorded in
writing.
(5) A staff member
intending to request to return from parental leave on a part time basis or seek
an additional period of leave of up to 12 months must notify the Chief Executive Officer in writing as soon as
practicable and preferably before beginning parental leave. If the notification
is not given before commencing such leave, it may be given at any time up to 4
weeks before the proposed return on a part time basis, or later if the Chief
Executive Officer agrees.
(6) A staff member
on maternity leave is to notify the NSW Aboriginal Land Council of the date on
which she gave birth as soon as she can conveniently do so.
(7) A staff member
must notify the NSW Aboriginal Land Council as soon as practicable of any
change in her intentions as a result of premature delivery or miscarriage.
(8) A staff member
on maternity or adoption leave may change the period of leave or arrangement,
once without the consent of the NSW Aboriginal Land Council and any number of
times with the consent of the NSW Aboriginal Land Council. In each case she/he
must give the NSW Aboriginal Land Council at least 14 days notice of the change
unless the Chief Executive Officer decides otherwise.
(k) A staff member
has the right to her/his former position if she/he has taken approved leave or
part time work in accordance with subclause (i) of this clause, and she/he
resumes duty immediately after the approved leave or work on a part time basis.
(l) If the position
occupied by the staff member immediately prior to the taking of parental 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.
(m) A staff member
does not have a right to her/his former position during a period of return to
work on a part time basis. If the Chief Executive Officer approves a return to
work on a part time basis then the position occupied is to be at the same
classification and grade as the former position.
(n) A staff member who
has returned to full time duty without exhausting their entitlement to 12
months unpaid parental leave is entitled to revert back to such leave. This may
be done once only, and a minimum of 4 weeks notice (or less if acceptable to
the NSW Aboriginal Land Council) must be given.
(o) A staff member
who is sick during her pregnancy may take available paid sick leave or accrued
recreation or extended leave or sick leave without pay. A staff member may
apply for accrued recreation leave, extended leave or leave without pay before
taking maternity leave. Any leave taken before maternity leave, ceases at the
end of the working day immediately preceding the day she starts her nominated
period of maternity leave or on the working day immediately preceding the date
of birth of the child, whichever is sooner.
(p) A staff member
may elect to take available recreation leave or long service leave within the
period of parental leave provided this does not extend the total period of such
leave.
(q) A staff member
may elect to take available recreation leave at half pay in conjunction with
parental leave provided that:
(1) accrued
recreation leave at the date leave commences is exhausted within the period of
parental leave;
(2) the total period
of parental leave is not extended by the taking of recreation leave at half
pay;
(3) when calculating
other leave accruing during the period of recreation leave at half pay, the
recreation leave at half pay shall be converted to the full time equivalent and
treated as full pay leave for accrual of further recreation, long service and
other leave at the full time rate.
(r) If, for any
reason, a pregnant staff member is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
Chief Executive Officer, should, in consultation with the staff member, take
all reasonable measures to arrange for safer alternative duties. This may
include, but is not limited to greater flexibility in when and where duties are
carried out, a temporary change in duties, retraining, multi-skilling,
teleworking and job redesign.
(s) If such
adjustments cannot reasonably be made, the Chief Executive Officer must grant
the staff member maternity leave, or any available sick leave, for as long as
it is necessary to avoid exposure to that risk as certified by a medical
practitioner, or until the child is born which ever is the earlier.
(t) 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 NSW Aboriginal Land Council 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 Chief Executive Officer 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 Chief Executive Officer of changes of address or other contact
details which might affect the NSW Aboriginal Land Council’s capacity to comply
with paragraph (1) of this subclause.
65. 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. 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;
(2) 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 in special
circumstances.
(2) Where the
operational requirements permit, the application for leave shall be dealt with
by the Chief Executive Officer according to the wishes of the staff member.
(3) The Chief
Executive Officer 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 NSWALC.
(4) The Chief
Executive Officer 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 NSW
Aboriginal Land Council.
(c) Conservation of
Leave - If the Chief Executive Officer 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 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) A Chief
Executive Officer 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 and the relevant
trade 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 money value of accrued
recreation leave which remains untaken.
(8) A staff member
to whom paragraph (8) 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 or unforfeited as at the date of death, shall be paid to the staff
member's nominated beneficiary.
(f) Where no
beneficiary has been nominated, the monetary value of recreation leave is to be
paid as follows:
(1) to the partner
of the staff member; or
(2) if there is no
partner, 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
partner or children, to the person who, in the opinion of the Chief Executive
Officer 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 paragraph (1), (2) or (3) of this subclause to receive
the money 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.
66. Annual Leave
Loading
(a) General - 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.
Subject to the provisions set out in subclauses (b) to (f) of this clause, the
annual leave loading shall be 17½% on the monetary value of up to 4 weeks’
recreation leave accrued in a leave year.
(b) Leave year - For
the calculation of the annual leave loading, the leave year shall commence on 1
October each year and shall end on 30 September of the following year.
(c) Payment of
annual leave loading - Payment of the annual leave loading shall be made on the
recreation leave accrued during the previous leave year and shall be subject to
the following conditions:
(1) Annual leave
loading shall be paid on the first occasion in a leave year, other than the
first leave year of employment, when a staff member takes at least two (2)
consecutive weeks recreation leave. Where a staff member does not have at least
2 weeks recreation leave available, the staff member may use a combination of
recreation leave and any of the following: public holidays, flex leave,
extended leave, leave without pay, time off in lieu, rostered day off. The
staff member shall be paid the annual leave loading for such period, provided
the absence is at least 2 weeks.
(2) If at least two
weeks’ leave, as set out in paragraph (1) of this subclause, is not taken in a
leave year, then the payment of the annual leave loading entitlement for the
previous leave year shall be made to the staff member as at 30 September of the
current year.
(3) While annual
leave loading shall not be paid in the first leave year of employment, it shall
be paid on the first occasion in the second leave year of employment when at
least two weeks leave, as specified in paragraph (1) of this subclause, is
taken.
(4) A staff member
who has not been paid the annual leave loading for the previous leave year,
shall be paid such annual leave loading on resignation, retirement or
termination by the employer for any reason other than the staff member's
serious and intentional misconduct.
(5) Except in cases
of redundancy, proportionate leave loading is not payable on cessation of
employment.
67. Sick Leave
(a) If the Chief
Executive Officer 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:
(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 - 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 approves otherwise.
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) Relief staff -
No paid sick leave shall be granted to temporary employees who are employed as
relief staff for a period of less than 3 months.
68. 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 in respect of
the absence.
(b) A staff member
shall be put on notice in advance if required by the Chief Executive Officer 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, after discussion with the staff member, may refer the medical
certificate and the staff member's application for leave to the independent
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 on the advice of the independent Medical Officer.
(e) If sick leave
applied for is not granted, the Chief Executive Officer 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 independent Medical Officer where such illness is of personal or private
nature.
(g) If a staff
member who is absent on recreation leave or extended leave, furnishes to the Chief
Executive Officer a satisfactory medical certificate in respect of an illness
which occurred during the leave, the Chief Executive Officer 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 subclause (g) of 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's discretion, another
registered health services provider. 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.
69. Sick Leave to Care
for a Family Member
(1) Use of Sick
Leave -
When family and community service leave provided for in
Clause 60 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. Such leave
may be taken for part of a single day.
(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 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, 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:
a spouse of the staff member; or
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 or legal guardian), grandparent, grandchild or sibling of the
staff member or of the spouse or de facto spouse of the staff member; or
a partner who lives with the staff member as the
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.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
(2) Unpaid Leave for
Family Purpose -
(a) An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in
subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave -
(a) An employee may
elect, with the consent of the employer, subject to the Annual Holidays Act 1944,
to take annual leave not exceeding five days in single-day periods or part
thereof in any calendar year at a time or times agreed by the parties.
(b) Access to annual
leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of
any shutdown period provided for elsewhere under this award.
(c) An employee and
employer may agree to defer payment of the annual leave loading in respect of
single-day absences until at least five consecutive annual leave days are
taken.
(4) Time Off in Lieu
of Payment for Overtime -
(a) For the purpose
only of providing care and support for a person in accordance with subclause
(1) of this clause, and despite the provisions of Clause 80. Payment for Overtime or Leave in Lieu the
following provisions shall apply:
(b) An employee may
elect, with the consent of the employer, to take time off in lieu of payment for
overtime at a time or times agreed with the employer within 12 months of the
said election.
(c) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(d) If, having elected
to take time as leave in accordance with paragraph (b) of this subclause, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the 12-month period or on termination.
(e) Where no election
is made in accordance with the said paragraph (b), the employee shall be paid
overtime rates in accordance with the award.
(5) Make-up Time -
(a) An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time) at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off -
(a) An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
(c) An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility and providing a
reasonable opportunity for the union(s) to participate in negotiations.
70. Sick Leave -
Workers Compensation
(a) The Chief
Executive Officer 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 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 will ensure that, once received by the NSW Aboriginal Land
Council, a staff member’s worker’s compensation claim is lodged by the
Aboriginal Land Council 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 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 appropriate Chief Executive Officer that he or she does not
intend to make a claim for any such compensation, the Chief Executive Officer
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. 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.
(j) If the Chief
Executive Officer 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 the Workplace Injury Management and Workers
Compensation Act 1998 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.
(k) 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.
(l) 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 Medical Officer;
(3) a medical
certificate issued by the examining Medical Officer; or
(4) action taken by
the Chief Executive Officer 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.
71. 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 NSWALC 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 NSW Aboriginal Land Council 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 is
satisfied that the refusal or failure is unavoidable.
(c) On repayment to
the NSW Aboriginal Land Council 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.
72. Special Leave
(a) Special Leave -
Jury Service
(1) A staff member
shall, as soon as possible, notify the Chief Executive Officer 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 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 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 shall grant, at the sole election of
the staff member, available recreation eave on full pay, flex 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 NSW Aboriginal Land Council.
(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 NSW
Aboriginal Land Council 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) Union Witness -
a staff member called by the Association to give evidence before an Industrial
Tribunal or in another jurisdiction, shall be granted special leave by the
Aboriginal Land Council 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) Special Leave -
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.
(1) Special leave
granted to attend examinations shall 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 Public Service Association delegates to undertake trade
union activities as provided for in Clause 42. Trade Union Activities Regarded
as Special Leave 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 or flexleave to credit or leave without pay,
if the operational requirements allow.
(h) Return Home When
Transferred to New Location - Special leave shall be granted to a staff member
who has moved to the new location ahead of dependants, to visit such
dependants.
(i) All employees
of the NSW Aboriginal Land Council will 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.
(j) Special Leave -
Other Purposes - Special leave on full pay may be granted to staff members by
the Chief Executive Officer for such other purposes, as may be deemed
appropriate.
73. Staff Development
and Training Activities
(a) For the purpose
of this clause, the following shall be regarded as staff development and
training activities:
(1) all staff
development courses conducted by the NSW Aboriginal Land Council;
(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.
(b) For the purposes
of this clause, 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
Association); and
(3) activities which
are of no specific relevance to the NSW Aboriginal Land Council.
(c) Attendance of a
staff member at activities considered by the Chief Executive Officer to be:
(1) essential for
the efficient operation of the NSW Aboriginal Land Council; or
(2) developmental
and of benefit to the NSW Aboriginal Land Council;
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 NSW Aboriginal Land Council:
(1) recognition that
the staff members are performing normal duties during the course;
(2) adjustment for
the hours so worked under flexible working hours;
(3) payment of
course fees:
(4) payment 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 is satisfied that the approval to
attend constitutes a direction to work overtime under Clause 75 -
Overtime-General.
(e) The following
provisions shall apply, as appropriate, to the activities considered to be
developmental and of benefit to the NSW Aboriginal Land Council:
(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
given the circumstances of attending at the activity, such as compensatory
leave for excess travel or payment of travelling expenses.
(f) Where the
training activities are considered to be principally of benefit to the staff
member and of indirect benefit to the NSW Aboriginal Land Council, special
leave of up to 10 days per year shall be granted to a staff member. If
additional leave is required and the Chief Executive Officer is able to release
the staff member, such leave shall be granted as a charge against available
flexleave, recreation/extended leave or as leave without pay.
(g) Higher Duties
Allowance - Payment of a higher duties allowance is to continue where the staff
member attends a training or developmental activity whilst on duty in
accordance with this subclause.
(h) Ceremonial Leave
- Unpaid leave of up to 10 days each year will be granted to meet obligations
under the Aboriginal custom or traditional law and to participate in ceremonial
activities.
74. Study Assistance
(a) The Chief
Executive Officer shall have the power to grant or refuse study time.
(b) Where the Chief
Executive Officer approves the grant of study time, the grant shall be subject
to:
(1) the course being
a course relevant to the NSW Aboriginal Land Council;
(2) the time being taken
at the convenience of the NSW Aboriginal Land Council; and
(3) paid study time
not exceeding a maximum 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 time 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 Clause 74 - Study Assistance
of 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 (j) of clause 74 - Study Assistance of this
award.
(f) Accumulated
study time may be taken in any manner or at any time, subject to operational
requirements of the NSW Aboriginal Land Council.
(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 must be granted even if
changed work circumstances mean absence from duty would be inconvenient.
(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
time may be granted with the option of electing to accrue study time 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 be granted for deferred examinations and in respect of repeat
studies.
(r) Study Leave -
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.
(s) All staff
members are eligible to apply and no prior service requirements are necessary.
(t) Study leave
shall be granted without pay, except where the Chief Executive Officer approves
financial assistance. The extent of financial assistance to be provided shall
be determined by the Chief Executive Officer according to the relevance of the
study to the workplace and may be granted up to the amount equal to full
salary.
(u) Where financial
assistance is approved by the Chief Executive Officer 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.
(v) Scholarships for
Part-Time Study - In addition to the study time/study leave provisions under
this subclause, the NSW Aboriginal Land Council may choose to identify courses
or educational programmes of particular relevance or value and establish a NSW
Aboriginal Land Council 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. Overtime -
General
(a) A staff member
may be directed by the Chief Executive Officer to work overtime, provided it is
reasonable for the staff member to be required to do so. 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. 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 regarding the working of the
overtime, and by the staff member of their intention to refuse overtime, or
(5) Any other
relevant matter.
(b) Payment for
overtime shall be made only where the staff member works directed overtime.
76. Rate of Payment
for Overtime
(a) 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, if working standard hours,
or outside the bandwidth, if working under a flexible working hours scheme,
unless local arrangements negotiated in terms of clause 11, Local Arrangements
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.
(b) 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.
(c) A staff member
who works overtime on a Saturday, Sunday or public holiday, shall be paid a
minimum payment as for three (3) hours work at the appropriate rate.
(d) 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. 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.
77. Recall to Duty
(1) A staff member
recalled to work overtime after leaving the NSW Aboriginal Land Council’s
premises shall be paid for a minimum of three (3) hours work at the appropriate
overtime rates.
(2) The staff member
shall not be required to work the full three (3) hours if the job can be
completed within a shorter period.
(3) 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 three (3) hours from the commencement of the
last recall, whichever is the greater. Such time shall be calculated as one
continuous period.
(4) When a staff
member returns to the place of work on a second or subsequent occasion and a
period of three (3) 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.
(5) 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.
(6) A staff member
recalled to duty within three (3) 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.
(7) This subclause shall
not apply in cases where it is customary for a staff member to return to the
NSW Aboriginal Land Council’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 three (3) hours unless
the actual time worked is three (3) or more hours.
78. Overtime Meal
Breaks
(a) Staff members
not working flexible hours - 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 flexible hours - 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.
79. Overtime Meal
Allowances
(a) If an adequate
meal is not provided by the NSW Aboriginal Land Council, a meal allowance shall
be paid by the NSW Aboriginal Land Council at the appropriate rate specified in
Item 9 of Table 1 Part B, Monetary Rates, provided the Chief Executive Officer
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 and the Public Service Association from negotiating different meal
provisions under a local arrangement.
80. Payment for
Overtime Or Leave in Lieu
(a) The Chief
Executive Officer 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 NSW Aboriginal Land Council except when
leave in lieu is being taken to look after a sick family member. In such cases,
the conditions set out in Clause 69 - Sick Leave to Care for a Family Member
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 NSW Aboriginal Land Council;
(5) leave in lieu
accrued in respect of overtime worked on days other than public holidays, shall
be given by the NSW Aboriginal Land Council and taken by the staff member
within three months of accrual unless alternate local arrangements have been
negotiated between the Chief Executive Officer and the Public Service
Association;
(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.
81. Calculation of
Overtime
(a) Unless a minimum
payment in terms of subclause (b) of paragraph (4) of this clause applies,
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
|
|
260.89
|
|
No of ordinary
hours of work per week
|
(c) 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.
(d) Overtime is not
payable for time spent travelling.
82. Review of
Overtime Meal Allowances
(a) The rates of
overtime meal allowances shall be adjusted in accordance with the provisions
contained in Clause 40 - Review of Allowances payable in terms of this award.
(b) Where an
allowance payable under Clause 79 - Overtime Meal Allowances of this award is
insufficient to reimburse the staff member the cost of a meal, properly and
reasonably incurred, the Chief Executive Officer may 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 his/her delegate in support of any
claims for additional expenses or when the staff member is required to
substantiate the claim.
83. Provision of
Transport in Conjunction With Working of Overtime
(a) For the purpose
of this subclause, departure or arrival after 8.00 p.m. will determine whether
the provisions of this subclause apply.
Departure or arrival after 8.00 p.m. of a staff member
on overtime or a regular or rotating shift roster, does not in itself warrant
the provision of transport. It needs to
be demonstrated that the normal means of transport, public or otherwise, is not
reasonably available and/or that travel by such means of transport places the
safety of the officer/employee at risk.
The responsibility of deciding whether the provision of
assistance with transport is warranted in the circumstances set out above,
rests with administrative units of the NSW Aboriginal Land Council where
knowledge of each particular situation will enable appropriate judgements to be
made.
(b) Arrangement of
Overtime
Where overtime is required to be performed, it should
be arranged, as far as is reasonably possible, so that the public servant can
use public transport or other normal means of transport to and from work.
(c) Provision of
Taxis
Where a staff member:
ceases overtime duty after 8.00 pm;
and public transport or other normal means of transport
is not reasonably available, arrangements may be made for transport home or to
be provided by way of taxi.
84. Salary Sacrifice
Salary Sacrifice to Superannuation -
(a) Notwithstanding
the salaries prescribed by this award, an employee may elect, subject to the
agreement of the NSW Aboriginal Land Council, to sacrifice a portion of the
salary payable under this clause 5, 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
employee’s salary as notified from time to time to the New South Wales public
sector superannuation trustee corporations.
(b) Where the
employee 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 PAYE taxation deductions by the amount of that
sacrificed portion; and
(ii) any allowance,
penalty rate, overtime, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payment for leave taken in
service, to which an employee is entitled under this award or any applicable
award, Act or statute which is expressed to be determined by reference to an
employee’s salary, shall be calculated by reference to the salary which would
have applied to the employee under this clause in the absence of any salary
sacrifice to superannuation made under this award.
(c) The employee 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, an optional employer contributions; or
(ii) subject to the
NSW Aboriginal Land Council’s agreement paid into a private sector complying
superannuation scheme as employer superannuation contributions.
(d) Where an
employee elects to salary sacrifice in terms of paragraph (c) of this sub
clause the NSW Aboriginal Land Council will pay the sacrificed amount into the
relevant superannuation fund.
(e) Where the
employee 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 NSW Aboriginal Land Council must ensure that the
amount of any additional employer superannuation contributions specified in
paragraph (a) of this subclause is included in the employee’s superannuable
salary which is notified to the New South Wales public sector superannuation
trustee corporations.
(f) Where, prior to
electing to sacrifice a portion of his/her salary to superannuation, an employee
had entered into an agreement with the NSW Aboriginal Land Council to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in paragraph (e) of this subclause, the
NSW Aboriginal Land Council will continue to base contributions to that fund on
the salary payable under this clause to the same extent as applied before the
employee sacrificed a portion of that salary to superannuation. This clause applies even though the
superannuation contributions made by the employer may be in excess of the
superannuation guarantee requirements after the salary sacrifice is
implemented.
85.
Anti-Discrimination
(1) 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, age and responsibilities
as a carer.
(2) 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.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti- discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(5) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion."
85A. Secure
Employment
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the
disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award pursuant to a part time work agreement made
under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the employer
and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the arrangements
to apply to an employee converting from casual employment to full-time or
part-time employment, it shall be dealt with as far as practicable and with
expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) 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.
(ii) 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.
(iii) Nothing in
this subclause (c) 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 the
disputes settlement procedure of this award.
(e) This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
86. Salary and Wages
The salary ranges prescribed by this award are set out in
Table 2, rates of pay; Part B - Monetary Rates.
All new employees shall be allocated on engagement to a
Group as set out in Table 2 - Rates of Pay such Group to be advised by letter
to the employee within 14 days of the commencement of employment with the NSW
Aboriginal Land Council.
87. No Extra Claims
It is the intention of the parties that this Award shall not
during its currency be subject to further claims save in respect of those
matters accorded specific leave reserved under Clause 88, Leave Reserved.
The Union undertakes that it shall make no extra claim upon
the NSW Aboriginal Land Council for variation of any provision of this Award or
for any payment or condition over and above the Award.
88. Leave Reserved
Leave is expressly reserved to the parties to this Award to
pursue during the currency of this Award an appropriate amendment to the wage
structure to allow for additional groups to be added.
Leave is reserved to the parties to this award to develop a
policy regarding salary packaging
89. Redundancy
Provisions
An employee who accepts voluntary redundancy, or who is
retrenched, will be covered by the provisions of the NSW Aboriginal Land
Council’s Managing Excess Employees policy, which exists at the date of this
award.
In accordance with the Managing Excess Employees Policy an
employee who accepts voluntary redundancy will receive the following redundancy
entitlements:
Four (4) weeks notice or pay in lieu;
Plus
An additional one week’s notice or pay in lieu for employees
aged 45 years and over with 5 or more years of completed service
Plus
Severance pay at the rate of three (3) weeks per year of
continuous service up to a maximum of thirty nine (39) weeks; with pro-rata
payments for incomplete years of service to be on a quarterly basis;
Plus
Benefit allowable as a contributor to a superannuation or
retirement fund;
Plus
Pro-rata annual leave loading in respect of leave accrued at
the date of termination.
Those employees, who accept an offer of redundancy within
two (2) weeks of the offer made and terminate employment within the time
nominated by NSWALC, will be entitled to the following additional payments:
|
Less than 1 year’s service
|
2 weeks pay
|
|
1 year and less than 2 year’s service
|
4 weeks pay
|
|
2 year’s service and less than 3 year’s service
|
6 weeks pay
|
|
3 year’s service and over
|
8 weeks pay
|
Note: Reference to service in calculating entitlement to voluntary
redundancy is based on a continuous period of employment with the NSWALC
only. As with standard leave
provisions, periods of leave without pay, secondments or similar are not
considered as service for these purposes, (nor are they considered a break in
employment) and periods of part-time employment will enable pro-rata
entitlement.
The provisions in this clause apply to permanent employees
only.
90. Area, Incidence
and Duration
(a) This award shall
apply to all employees of the NSW Aboriginal Land Council other than the Chief
Executive Officer and all Station and Farm Managers and all other employees
within the scope of the Pastoral Employees (State) Award published 26 October
2001 (328 I.G. 1188).
(b) This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the NSW Aboriginal Land Council Award 2006
published 6 July 2007 (362 I.G. 1019) and all variations thereof.
(c) 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 6 November 2009.
(d) 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 -
Allowances
Effective 1 July
2009
|
Item No
|
Clause No
|
Description
|
Amount
|
|
1
|
|
Meal Expenses on One Day Journeys
|
|
|
|
|
Capital cities and high cost country centres
|
|
|
|
|
(see list in item 2)
|
|
|
|
26(1)
|
Breakfast
|
$22.30
|
|
|
26(2)
|
Dinner
|
$43.00
|
|
|
26(3)
|
Lunch
|
$25.00
|
|
|
|
Tier 2 and other country centres (see list in item 2)
|
|
|
|
|
|
|
|
|
26(1)
|
Breakfast
|
$19.95
|
|
|
26(2)
|
Dinner
|
$39.30
|
|
|
26(3)
|
Lunch
|
$22.80
|
|
|
|
Travelling Allowances When Staying in Non-
|
|
|
|
|
Govt Accommodation
|
|
|
2
|
27(2)(a)
|
Capital Cities
|
Per day
|
|
|
|
Adelaide
|
$263.80
|
|
|
|
Brisbane
|
$307.80
|
|
|
|
Canberra
|
$251.80
|
|
|
|
Darwin
|
$265.80
|
|
|
|
Hobart
|
$223.80
|
|
|
|
Melbourne
|
$279.80
|
|
|
|
Perth
|
$270.80
|
|
|
|
Sydney
|
$289.80
|
|
|
27(2)(a)
|
High cost country centres
|
Per day
|
|
|
|
|
|
|
|
|
Ballarat (Vic)
|
$225.30
|
|
|
|
Bendigo (VIC)
|
$228.80
|
|
|
|
Bright (VIC)
|
$217.30
|
|
|
|
Broome (WA)
|
$313.80
|
|
|
|
Bunbury (WA)
|
$226.80
|
|
|
|
Burnie (Tas)
|
$231.80
|
|
|
|
Cairns (QLD)
|
$229.80
|
|
|
|
Carnarvon (WA)
|
$253.10
|
|
|
|
Christmas Island (WA)
|
$229.30
|
|
|
|
Cocos (Keeling) Island
|
$216.80
|
|
|
|
Dampier (WA)
|
$281.20
|
|
|
|
Derby (WA)
|
$288.30
|
|
|
|
Devonport (Tas)
|
$235.30
|
|
|
|
Emerald (QLD)
|
$219.80
|
|
|
|
Esperance (WA)
|
$221.80
|
|
|
|
Exmouth (WA)
|
$296.80
|
|
|
|
Geelong (VIC)
|
$227.80
|
|
|
|
Geraldton (WA)
|
$236.30
|
|
|
|
Gladstone (QLD)
|
$225.30
|
|
|
|
Gold Coast (QLD)
|
$241.80
|
|
|
|
Halls Creek (WA)
|
$254.30
|
|
|
|
Hervey Bay (QLD)
|
$225.80
|
|
|
|
Horn Island (QLD)
|
$265.80
|
|
|
|
Horsham (VIC)
|
$219.80
|
|
|
|
Jabiru (NT)
|
$304.80
|
|
|
|
Kalgoorlie (WA)
|
$237.30
|
|
|
|
Karratha (WA)
|
$391.80
|
|
|
|
Kununurra (WA)
|
$264.30
|
|
|
|
Launceston (TAS)
|
$222.30
|
|
|
|
Mackay (QLD)
|
$239.30
|
|
|
|
Maitland (NSW)
|
$214.80
|
|
|
|
Mount Isa (QLD)
|
$265.30
|
|
|
|
Newcastle (NSW)
|
$234.30
|
|
|
|
Newman (WA)
|
$276.80
|
|
|
|
Norfolk Island
|
$226.30
|
|
|
|
Port Hedland (WA)
|
$376.80
|
|
|
|
Port Macquarie (NSW)
|
$221.80
|
|
|
|
Thursday Island (QLD)
|
$286.80
|
|
|
|
Townsville (Qld)
|
$230.80
|
|
|
|
Wagga Wagga (NSW)
|
$224.30
|
|
|
|
Warrambool (VIC)
|
$219.80
|
|
|
|
Weipa (QLD)
|
$244.80
|
|
|
|
Wilpena Pound (SA)
|
$241.80
|
|
|
|
Wonthaggi (VIC)
|
$228.80
|
|
|
|
Yulara (NT)
|
$437.80
|
|
|
|
|
|
|
|
27(2)(a)
|
Tier 2 country centres
|
Per day
|
|
|
|
Albany (WA)
|
$205.55
|
|
|
|
Alice Springs (NT)
|
$205.55
|
|
|
|
Bairnsdale (VIC)
|
$205.55
|
|
|
|
Bathurst (NSW)
|
$205.55
|
|
|
|
Bordertown (SA)
|
$205.55
|
|
|
|
Broken Hill (NSW)
|
$205.55
|
|
|
|
Castlemaine (VIC)
|
$205.55
|
|
|
|
Ceduna (SA)
|
$205.55
|
|
|
|
Dalby (QLD)
|
$205.55
|
|
|
|
Dubbo (NSW)
|
$205.55
|
|
|
|
Echuca (NSW)
|
$205.55
|
|
|
|
Innisfail (QLD)
|
$205.55
|
|
|
|
Kadina (SA)
|
$205.55
|
|
|
|
Mount Gambier (SA)
|
$205.55
|
|
|
|
Naracoorte (SA)
|
$205.55
|
|
|
|
Orange (NSW)
|
$205.55
|
|
|
|
Port Augusta (SA)
|
$205.55
|
|
|
|
Port Lincoln (SA)
|
$205.55
|
|
|
|
Portland (VIC)
|
$205.55
|
|
|
|
Renmark (SA)
|
$205.55
|
|
|
|
Roma (QLD)
|
$205.55
|
|
|
|
Seymour (VIC)
|
$205.55
|
|
|
|
Swan Hill (VIC)
|
$205.55
|
|
|
|
Whyalla (SA)
|
$205.55
|
|
|
|
Wollongong (NSW)
|
$205.55
|
|
|
|
|
|
|
|
|
|
Per Day
|
|
|
27(2)(a)
|
Other country centres
|
$190.55
|
|
|
27(2)(b)
|
Incidental expenses when claiming actual
|
$16.50
|
|
|
|
expenses - all locations
|
|
|
|
27(5)
|
Daily allowance payable after 35 days and up to
|
50% of the
|
|
|
|
|
appropriate
|
|
|
|
6 months in the same location - all locations
|
location rate
|
|
3
|
28
|
NSWALC accommodation- incidental expenses
|
$16.50 per day
|
|
4
|
33(d)
|
Use of private motor vehicle
|
Cents per kilometre
|
|
|
|
|
|
|
|
|
Official business
|
|
|
|
|
Engine capacity-
|
|
|
|
|
over 2700cc
|
88.3
|
|
|
|
1600cc to 2700cc
|
82.2
|
|
|
|
under 1600cc
|
58.9
|
|
|
|
Casual rate
|
|
|
|
|
Engine capacity-
|
|
|
|
|
Over 2700cc
|
31.4
|
|
|
|
1600cc-2700cc
|
29.2
|
|
|
|
under 1600cc
|
24.6
|
|
5
|
34
|
Insurance cover
|
Up to
|
|
|
|
|
$A 1,173.00
|
|
6
|
36
|
Exchanges
|
Actual cost
|
|
7
|
38(a)
|
Garage and carport allowance
|
Per annum
|
|
|
|
- Garage allowance
|
$548 pa
|
|
|
|
- Carport allowance
|
$121 pa
|
|
8
|
39 (a)
|
First aid allowance
|
Per annum
|
|
|
|
|
Effective 1 July
|
|
|
|
|
2008
|
|
|
|
- Holders of basic qualifications
|
$ 692pa
|
|
|
|
- Holders of current occupational first aid
|
$1042pa
|
|
|
|
certificate
|
|
|
9
|
78(a)
|
Overtime meal allowances
|
Effective 1 July
|
|
|
|
|
2009
|
|
|
|
Breakfast
|
$24.95
|
|
|
|
Lunch
|
$24.95
|
|
|
|
Dinner
|
$24.95
|
Table 2 - Rates of
Pay
|
|
1 October 2004
|
25 Oct 2005
|
1 July 2006
|
1 July 2007
|
1 July 2008
|
|
Group 11
|
$
|
$
|
$
|
$
|
$
|
|
Year 3
|
68,037
|
72,119
|
75,004
|
78,004
|
81,124
|
|
Year 2
|
64,945
|
68,842
|
71,596
|
74,460
|
77,438
|
|
Year 1
|
61,852
|
65,563
|
68,186
|
70,913
|
73,750
|
|
Group 10
|
|
|
|
|
|
|
Year 3
|
61,852
|
65,563
|
68,186
|
70,913
|
73,750
|
|
Year 2
|
59,040
|
62,582
|
65,085
|
67,688
|
70,396
|
|
Year 1
|
56,229
|
59,603
|
61,987
|
64,466
|
67,045
|
|
Group 9
|
|
|
|
|
|
|
Year 3
|
56,229
|
59,603
|
61,987
|
64,466
|
67,045
|
|
Year 2
|
53,673
|
56,893
|
59,169
|
61,536
|
63,997
|
|
Year 1
|
51,118
|
54,185
|
56,352
|
58,606
|
60,950
|
|
Group 8
|
|
|
|
|
|
|
Year 3
|
51,118
|
54,185
|
56,352
|
58,606
|
60,950
|
|
Year 2
|
48,795
|
51,723
|
53,792
|
55,944
|
58,182
|
|
Year 1
|
46,470
|
49,258
|
51,228
|
53,277
|
55,408
|
|
Group 7
|
|
|
|
|
|
|
Year 3
|
46,470
|
49,258
|
51,228
|
53,277
|
55,408
|
|
Year 2
|
44,358
|
47,019
|
48,900
|
50,856
|
52,890
|
|
Year 1
|
42,246
|
44,781
|
46,572
|
48,435
|
50,372
|
|
Group 6
|
|
|
|
|
|
|
Year 3
|
42,246
|
44,781
|
46,572
|
48,435
|
50,372
|
|
Year 2
|
40,326
|
42,746
|
44,456
|
46,234
|
48,083
|
|
Year 1
|
38,406
|
40,710
|
42,338
|
44,032
|
45,793
|
|
Group 5
|
|
|
|
|
|
|
Year 3
|
38,406
|
40,710
|
42,338
|
44,032
|
45,793
|
|
Year 2
|
36,661
|
38,861
|
40,415
|
42,032
|
43,713
|
|
Year 1
|
34,914
|
37,009
|
38,489
|
40,029
|
41,630
|
|
Group 4
|
|
|
|
|
|
|
Year 3
|
34,914
|
37,009
|
38,489
|
40,029
|
41,630
|
|
Year 2
|
33,327
|
35,327
|
36,740
|
38,210
|
39,737
|
|
Year 1
|
31,741
|
33,645
|
34,991
|
36,391
|
37,847
|
|
Group 3
|
|
|
|
|
|
|
Year 3
|
31,741
|
33,645
|
34,991
|
36,391
|
37,847
|
|
Year 2
|
30,299
|
32,117
|
33,402
|
34,738
|
36,128
|
|
Year 1
|
28,856
|
30,587
|
31,810
|
33,082
|
34,405
|
|
Group 2
|
|
|
|
|
|
|
Year 3
|
28,856
|
30,587
|
31,810
|
33,082
|
34,405
|
|
Year 2
|
27,544
|
29,197
|
30,365
|
31,580
|
32,843
|
|
Year 1
|
26,232
|
27,806
|
28,918
|
30,075
|
31,278
|
|
Group 1
|
|
|
|
|
|
|
Year 3
|
26,232
|
27,806
|
28,918
|
30,075
|
31,278
|
|
Year 2
|
25,040
|
26,542
|
27,604
|
28,708
|
29,856
|
|
Year 1
|
23,848
|
25,279
|
26,290
|
27,342
|
28,436
|
D.
S. McKENNA, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.