Crown Employees (Transport Drivers, &c.) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 579 of 2015)
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Before Commissioner Stanton
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17 November 2015
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REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject
Matter
1. Title
2. Rates of
Pay
3. Deduction
of Union Membership Fees
4. Shift
Allowances
5. Anti-Discrimination
6. Grievance
and Dispute Settling Procedures
7. General
8. Area, Incidence
and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
PART A
1. Title
This award shall be known as the Crown Employees (Transport Drivers &c.) Award.
2. Rates of Pay
The rates of pay are set out in Table 1 of Part B, Monetary
Rates. The rates are provided by the Crown
Employees Wages Staff (Rates of Pay) Award 2015.
3. Deduction of Union
Membership Fees
(i) The union
shall provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union's
rules.
(ii) The union
shall advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any variation
to the schedule of union fortnightly membership fees payable shall be provided
to the employer at least one month in advance of the variation taking effect.
(iii) Subject to
(i) and (ii) above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union's rules, provided that the employee has authorised the employer to
make such deductions.
(iv) Monies
so deducted from employee's pay shall be forwarded regularly to the union
together with all necessary information to enable the union to reconcile and
credit subscriptions to employees' union membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
4. Shift Allowances
For the ordinary hours of shift, shift workers shall be
paid the following loadings in addition to the rates prescribed for their
respective classifications:
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Loadings per shift
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%
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(a)
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ordinary afternoon or night
shifts (other than shifts referred to hereunder).
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15
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(b)
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permanently working afternoon or
night shifts or a combinations of such shifts.
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30
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(c)
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an ordinary shift, the major portion of which falls on a
Saturday or Sunday
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shall in substitution for the loading specified in
paragraphs (a) or (b) of this
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clause, be paid for at the rate of 50 per cent or 75 per
cent respectively in
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addition to the ordinary rate for
such shift.
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(d)
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where, at the employees own request and to suit the
employees own personal requirements, any
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employee works permanently on a combination of such
shifts, then, provided
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the employer notifies the union of the agreement in
writing, and the union
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agrees, the employee shall be paid 15 per cent extra per
shift in lieu of the shift loading of
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30 per cent specified in paragraph (b) of this clause.
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(e)
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for an ordinary shift worked on a public holiday, an
employee shall receive an
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additional one and half day’s ordinary pay in addition to
the normal shift
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payment calculated in accordance
with paragraph (a) or (b) of this clause.
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5. Anti-Discrimination
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
6. 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 appropriate department, if required.
(ii) An employee
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) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the employee to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Secretary or delegate.
(iv) The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
(v) If the matter
remains unresolved with the immediate manager, the employee 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 employee may pursue the sequence of reference to successive
levels of management until the matter is referred to the Secretary.
(vi) The
Secretary may refer the matter to the Industrial Relations Secretary for
consideration.
(vii) If the matter
remains unresolved, the Secretary shall provide a written response to the
employee 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.
(viii) An employee,
at any stage, may request to be represented by the union.
(ix) The employee
or the union on their behalf, or the Secretary may refer the matter to the New
South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
(x) The employee,
union, Secretary and Industrial Relations Secretary shall agree to be bound by
any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) 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 employee or member
of the public
7. General
(i) Except as
otherwise provided for in this award, the provisions of the Transport Industry
(State) Award shall apply.
(ii) For employees
engaged under the Government Sector Employment Act 2013 the provisions of the
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009
or its replacement, shall apply in respect of the following entitlements:
Recreation Leave
Extended Leave
Sick Leave
FACS Leave
8. Area, Incidence and
Duration
(i) This award shall apply to all employees
in the classifications specified in Table 1 - Rates of Pay, of Part B, Monetary
Rates, of this Award and clause 1 of the Transport Industry (State) Award,
employed in organisations to which the Government
Sector Employment Act 2013 applies.
(ii) This award is made following a review
under section 19 of the Industrial Relations Act 1996 and rescinds and replaces
the Crown Employees (Transport Drivers
&c.) Award published 10 August 2012 (373 IG 1850) and all variations
thereof.
(iii) 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 from 17 November 2015.
(iv) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Rates of Pay
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Clause 2
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Classification
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Weekly Rate FFPP
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Wages
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1.7.15
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$
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1. Drivers of motor
wagons - having a manufacturer's gross vehicle mass in kilograms
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(a)
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Up to 295 -
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869.30
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(b)
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Over 2950 and up to 4650
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876.70
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(c)
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Over 4650 and up to 6250
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883.80
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(d)
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Over 6250 and up to 7700
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883.80
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(e)
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Over 7700 and up to 9200
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893.10
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(f)
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Over 9200 and up to 10800
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893.10
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(g)
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Over 10800 and up to 12350
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900.90
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(h)
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Over 12350 and up to 13950
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900.90
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(i)
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Over 13950 and up to 15500
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908.00
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(j)
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Over 15500 and up to 16950
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916.80
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(k)
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Over 16950 and up to 18400
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916.80
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(l)
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Over 18400 and up to 19750
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916.80
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(m)
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Over 19750 and up to 21100
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916.80
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(n)
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Over 21100 and up to 22450
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923.80
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(o)
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Over 22450 and up to 23850
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923.80
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(p)
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Over 23850 and up to 25200
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923.80
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(q)
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Over 25200 and up to 26550
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933.00
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(r)
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Over 26550 and up to 27900
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933.00
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(s)
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Over 27900 and up to 29300
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933.00
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(t)
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Over 29300 and up to 30650
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933.00
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(u)
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Over 30650 and up to 32000
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830.40
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(v)
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Over 32000 and up to 33350
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830.40
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(w)
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Over 33350 and up to 34750
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949.70
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(x)
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Over 34750 and up to 36100
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949.70
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(y)
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Over 36100 and up to 37450
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949.70
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(z)
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Over 37450 and up to 38800
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949.70
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(aa)
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Over 38800 and up to 40200
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959.00
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(ab)
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Over 40200 and up to 41550
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959.00
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(ac)
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Over 41550 and up to 42900
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959.00
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(ad)
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Over 42900 and up to 44250
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966.90
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(ae)
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Over 44250 and up to 45650
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966.90
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2. Drivers of
mobile cranes
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- employed in connection with the carriage and delivery of
goods, merchandise and the like and/or in the
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performance of work incidental to the loading, unloading,
handling and/or placement of goods
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- where the mobile crane has a lifting capacity in
kilograms
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(a)
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Up to and not exceeding 3050
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883.80
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(b)
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Over 3050 and not exceeding 5100
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893.10
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(c)
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Over 5100 and not exceeding 6100
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900.90
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(d)
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Over 6100 and not exceeding 7100
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900.90
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(e)
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Over 7100 and not exceeding 8100
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900.90
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(f)
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Over 8100 and not exceeding 9150
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900.90
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(g)
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Over 9150 and not exceeding 10150
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908.00
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(h)
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Over 10150 and not exceeding 11200
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908.00
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(i)
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Over 11200 and not exceeding 12200
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908.00
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(j)
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Over 12200 and not exceeding 13200
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916.80
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(k)
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Over 13200 and not exceeding 14200
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916.80
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(l)
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Over 14200 and not exceeding 15250
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916.80
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(m)
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Over 15250 and not exceeding 16250
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916.80
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(n)
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Over 16250 and not exceeding 17250
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923.80
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(o)
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Over 17250 and not exceeding 18300
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923.80
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(p)
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Over 18300 and not exceeding 19300
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923.80
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(q)
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Over 19300 and not exceeding 20300
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923.80
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(r)
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Over 20300 and not exceeding 21350
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933.00
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(s)
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Over 21350 and not exceeding 22350
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933.00
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(t)
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Over 22350 and not exceeding 23350
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933.00
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(u)
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Over 23350 and not exceeding 24400
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933.00
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(v)
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Over 24400 and not exceeding 25500
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933.00
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(w)
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Over 25500 and not exceeding 26400
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933.00
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(x)
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Over 26400 and not exceeding 27450
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933.00
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(y)
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Over 27450 and not exceeding 28450
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940.30
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(z)
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Over 28450 and not exceeding 29450
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940.30
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(aa)
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Over 29450 and not exceeding 30500
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933.00
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And for each additional
1000 kg or part thereof over - 34cents
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3. Drivers of fork
lifts - of a capacity
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(a)
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Up to 4500 kg
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883.80
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(b)
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Over 4500 to 9100
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900.90
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(c)
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Over 9100 kg
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908.00
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4. Drivers of prime
movers where the crane has a lifting capacity of
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where the crane has
a lifting capacity of
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(a)
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Up to 20350 kg
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893.10
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(b)
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Over 20350 kg
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916.80
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5. Extra Hands
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850.00
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J. D. STANTON, Commissioner
____________________
Printed by the authority of the Industrial Registrar.