Broken Hill City Council Consent Award 2015
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Local Government and Shires Association of New South
Wales, Industrial Organisation of
Employers.
(No. IRC 1013 of 2015)
Before Commissioner Newall
|
21 December 2015
|
AWARD
Arrangement
This Award is arranged as follows:
PART 1 - APPLICATION AND OPERATION OF THIS AWARD
1. Title
2. Statement
of Intent
3. Definitions
4. Area,
incidence and duration
5. Anti-discrimination
PART 2 - HOURS OF WORK, OVERTIME AND RELATED MATTERS
6. Hours of
Work - General provisions
7. Ordinary
hours of work for employees engaged prior to 21 December 2015
7A. Saturday
and Sunday work for employees engaged prior to 21 December 2015
8. Ordinary
hours of work for employees engaged on or after 21 December 2015
8A. Saturday
and Sunday work for employees engaged on or after 21 December 2015
9. Shift
work
10. Starting
Point
11. Garaging
12. Part Time
Employees
13. Casual
Employees
14. Overtime
14A. On-Call
Allowance
14B. Remote
Response
14C. Call Back
14D. Quick Shift
14E. Broken Shift
15. Meal
Breaks
16. Annualised
Salary Agreements
17. Council
Agreements
18. Skills
based system of pay and rates of pay
19. Skill
descriptors
20. Annual
assessment and progression rules
21. Allowances
and reimbursements
22. Use of
skills
23. Salary
packaging and sacrifice
24. Superannuation
25. Payment of
employees
PART 4 - LEAVE PROVISIONS
26. Annual
leave - General provisions
27. Annual
Leave - employees engaged prior to 21 December 2015
28. Annual
Leave - employees engaged on or after 21 December 2015
29. Long
service leave
30. Sick leave
31. Carers
leave
32. Bereavement
leave
33. Parental
leave
34 Paid
maternity leave
35 Leave
without pay
36. Flexibility
for work and family responsibilities
37. Public
holidays
38 Trade
union training leave
39 Trade
union conference leave
40 Jury
Service Leave
41 Army
Reserve Training
PART 5 - CONSULTATIVE COMMITTEE
42 Consultative
Committee
PART 6 - DISPUTE RESOLUTION
43. Dispute
resolution procedure
PART 7 - TERMINATION OF EMPLOYMENT AND REDUNDANCY
44. Termination
of Employment
45. Redundancy
- General Application, Process and Consultation
47. Redundancy
- employees engaged prior to 21 December 2015
46. Redundancy
- employees engaged on or after 21 December 2015
PART 8 - MISCELLANEOUS
47. Work
Health and Safety
48. Labour
Hire and contract businesses
49. Outsourcing
50. Accident
Pay
51. Further
Education
PART 9 - SAVINGS AND TRANSITIONAL
52. Leave Reserved
and No Further Claims
PART 10 - SCHEDULES
Schedule 1 - Weekly Rates of pay
Schedule 2 - Allowances
Schedule 3 - Progression guidelines
PART 1
APPLICATION AND OPERATION OF THIS AWARD
1. Title
This Award is the Broken Hill City Council Consent Award
2015.
2. Statement of
Intent
The parties to the Award are committed to cooperate in
a positive manner to increase the productivity, structural efficiency,
financial sustainability and competitiveness of Local Government service
provision within Broken Hill and to provide employees with access to fulfilling
and varied work by providing measures to, for instance:
Ensure the efficient delivery of quality services to
the community;
Improve knowledge and skill levels;
Establish skill related career paths;
Eliminate impediments to multiskilling and broaden the
range of tasks which an employee may be required to perform;
Eliminate discrimination;
Maintain rates of pay, conditions and hours which are
fair, equitable and competitive;
Ensure and facilitate flexible work practices;
Encourage innovation and continuous improvement; and
Promote cooperation and open communication and change
management
3. Definitions
In this Award, unless the contrary intention appears:
"Act" means the Industrial Relations Act 1996
(NSW) as amended.
"Aged and Community care employees" means
employees engaged in the performance of all non-nursing work in or in
connection with, or incidental to the conduct of Council administered aged and
disability care centres and facilities.
"ASA" means Annualised Salary Agreement and
operates in accordance with Clause 16 of this Award.
"Award" means the Broken Hill City Council
Consent Award 2015.
"Council" means the Broken Hill City Council.
"Employee" means a person employed by Broken
Hill City Council.
"Ordinary pay" means remuneration for the
employee's normal weekly number of hours of work calculated at the ordinary
time rate of pay. Ordinary pay shall include, and not be limited to the following
penalties and allowances where they are regularly received.
Saturday, Sunday and shift penalties;
Tool allowances;
On call allowance;
First Aid allowance; and
Community language and signing work
allowances.
Overtime payments and all other allowances
shall be excluded from the composition of ordinary pay.
"Salaried Office Employee" means an employee
engaged in one of the following functions:
Administration;
Building Surveying;
Engineering (Professional);
Executive Band;
Finance;
Health Surveying;
Library;
Public Relations;
Technical Services;
Tourism; and
Town Planning.
"Union" means the means the Barrier
Industrial Council (BIC) and its affiliated unions: the Broken Hill Federated
Municipal Employees Union (BHMEU), the Construction, Forestry, Mining, Energy
& Union (Mining and General Division) (CFMEU), New South Wales Local
Government, Clerical, Administrative, Energy, Airlines and Utilities Union
(USU) and The Broken Hill Town Employees Union (BHTEU).
"Wages Employee" means an employee engaged in
any functions not otherwise specified in the definition of salaried office
employee.
4. Area,
Incidence and Duration
4.1 This Award
shall apply to all employees of Broken Hill City Council, excluding those
employees defined as senior staff by the Local Government Act 1993 (NSW).
4.2 This Award
shall rescind and replace the Broken Hill City Council Consent Award 2012
published 14 September 2012 (374 I.G. 901) and all variations thereof.
4.3 This Award
shall take effect from 21 December 2015 and will remain in force until 1
November 2018.
4.4 In
Schedule 1 the Award provides for a 2% increase in rates of pay to operate from
the first full pay period to commence on or after 1 November 2015.
4.5 In Schedule 1 the
Award provides for a 3% increase in rates of pay to operate from the first full
pay period to commence on or after 1 July 2016.
4.6 In Schedule 1
the Award provides for a 3% increase in rates of pay to operate from the first
full pay period to commence on or after 1 July 2017
4.7 In Schedule 1
the Award provides for a 3% increase in rates of pay to operate from the first
full pay period to commence on or after 1 July 2018.
4.8 This award
shall be made by the Industrial Relations Commission of New South Wales and be
known as the Broken Hill City Council Consent Award 2015. The parties to the
Award are as follows:
Broken Hill City Council;
The Barrier Industrial Council;
Broken Hill Federated Municipal Employees Union;
The Construction, Forestry, Mining and Energy Union
South Western District;
The Broken Hill Town Employees’ Union; and
The United Services Union.
5. Anti-Discrimination
5.1 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.
5.2 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.
5.3 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.
5.4 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.
5.5 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 (NSW) 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."
PART 2
HOURS OF WORK, OVERTIME AND RELATED MATTERS
6. Hours of Work
- General Provisions
6.1 Employment with
Council is subject to the satisfactory completion of a probationary period.
(a) The probationary
period shall be for three (3) months duration; however Council may require a
maximum period of six (6) months for employees above Grade 16 (Band 3 Level 2).
(b) During the
probation period, employees shall be provided with the appropriate training and
instruction to enable them to perform the duties and functions of the position.
(c) During the
probation period the employee will be advised of any areas of concern and
expected performance outcomes.
(d) At the
successful conclusion of the probation period, the employee shall be offered a
permanent position by Council in accordance with the employee’s original
appointment status, i.e. in a full-time or part-time capacity.
6.2 The ordinary
hours of work for full time Salaried Office Employee shall be 70 per fortnight.
6.3 The ordinary
hours of work for full time Wages employees shall be no more than 76 hours per
fortnight.
6.4 Employees shall
be entitled to a rostered day off once in every two (2) week period.
(a) It is
essential that all employees working a nine (9) day fortnight be aware that the
first priority is the maintenance of acceptable work flows. Accordingly there will need to be
co-operation between Council employees and managers in the planning of rostered
working days so that adequate staff resources are available to all time to
service public needs as well as providing interdepartmental office
communication and services.
(b) Rosters are to
be prepared by managers and/or departmental heads at least two weeks in
advance.
(c) When a public
holiday clashes with a rostered day off, the general rule will be to take the
next working day as a rostered day off.
(d) Approval to
accumulate rostered days off may be granted in special circumstances by the
employee’s manager and/or departmental head.
7. Ordinary
Hours of Work For Employees Engaged Prior to 21
December 2015
7.1 A Salaried
Office employee engaged prior to 21 December 2015 shall continue to commence at
8.30am and finish at 5.00pm and work for 7 hours and 46 minutes exclusive of a
44 minute unpaid meal break.
7.2 A Wages
employee engaged prior to 21 December 2015 shall continue to commence at 7.00am
and finish at 3.26pm and work for 8 hours and 26 minutes inclusive of a paid
meal break.
7.3 The maximum ordinary
hours of work for Aged Care and Community Care employees shall be 76 hours per
fortnight, where in each shift shall consist of 8 ordinary hours or work per
day, inclusive of paid meal times.
7.4 Notwithstanding
subclauses 7.1 and 7.2, an employee engaged prior to 21 December 2015 may alter
their commencement and/or finishing times by agreement. Such agreement must be
in writing and be genuine with no compulsion to agree.
7.5 Where Council
seeks to vary an employee’s commencement and finishing times outside the span
of hours of 6am to 6pm there must be prior agreement with the employee and
Council, in consultation with the union.
7.6 Except as
otherwise provided, the ordinary hours for all employees shall be between
Monday and Friday.
7A. Saturday and
Sunday Work for Employees Engaged Prior to 21 December 2015
7.7 The ordinary
hours for employees engaged in the following functions and positions shall be
between Monday and Sunday:
(a) Council’s
Visitor Information Centre;
(b) The Library;
(c) The
Entertainment Centre;
(d) The Geo
Centre;
(e) The Art
Gallery;
(f) Waste Services
including Streetsweeping;
(g) Community care
package employees, excluding disability services;
(h) Pool
Attendants;
(i) Pool
Cleaners;
(j) Airport Reporting
Officers;
(k) Dog Control
Officers; and
(l) The Living
Desert Rangers.
7.8 Except as
otherwise provided, ordinary hours worked by a full time or permanent part time
employee at the Visitors Information Centre, Library, Entertainment Centre, Geo
Centre and Art Gallery on a Saturday shall attract a 25% penalty in addition to
the ordinary hourly rate of pay. Ordinary hours worked on a Sunday shall
attract a 50% penalty in addition to the ordinary hourly rate of pay.
7.9 Ordinary hours
worked on a Saturday or a Sunday by Waste Service Employees shall attract a 50%
penalty for work between midnight on Friday and midnight Saturday, and a 100%
penalty for work between midnight on Saturday and midnight on Sunday. Where a
full time or part time Waste Service employee who works ordinary hours on the
weekends is in receipt of an over-award payment, they shall not receive the
penalty.
7.10 Ordinary hours
worked on a Saturday or a Sunday by aged care employees shall attract a 50%
penalty for work between midnight on Friday and midnight on Saturday and a 100%
penalty for work between midnight on Saturday and midnight on Sunday. The
weekend penalty rates for the ordinary hours of aged care employees are in
substitution for and not cumulative upon the shift penalty prescribed in clause
9.2.
7.11 An employee may
request to work ordinary hours on a Saturday and/or Sunday in lieu of ordinary
hours the employee would otherwise be rostered to work.
(a) An employee’s
request must be in writing and be forwarded to Council and the Union. In
addition the request must outline a period within which the arrangement is to
be reviewed by Council and the Union;
(b) Council and
the Union will not unreasonably withhold agreement to such a request;
(c) Any such
agreement shall not apply to new or vacant positions;
(d) Where an
employee requests to work ordinary hours on a Saturday and/or a Sunday under
the provisions of this sub-clause, Council shall not be required to pay the
penalty rate prescribed by sub-clauses 7.8, and 7.9
7.12 Where an
employee and Council agree, an employee engaged prior to 1 November 2015 may
request to be permanently transferred to a Monday to Sunday spread and where
such a request is agreed, the employee shall be entitled to receive the
penalties in accordance with clause 7.8 and 7.9.
7.13 Where an
employee engaged prior to 21 December 2015 applies for and is successful in a
vacant or new position in any of the functions listed in 8.7, they shall
receive the penalties in accordance with subclauses 8.8, 8.9 and 8.10.
8. Ordinary
Hours for Employees Engaged On or After 21 December 2015
8.1 The ordinary
hours of work for full time Salaried Office Employee shall be 70 per fortnight.
8.2 The ordinary hours
of work for full time Wages employees shall be no more than 76 hours per
fortnight.
8.3 A salaried
office employee shall be entitled to an unpaid meal break of 44 minutes.
8.4 A wages
employee shall be entitled to a paid 26 minute meal break.
8.5 The ordinary
hours shall not exceed 10 in any one day inclusive of paid/unpaid meal breaks
and shall, except as otherwise provided, be worked between 6am and 6pm.
8.6 Except as
otherwise provided, the ordinary hours for all employees shall be between Monday
and Friday.
8.7 The ordinary
hours for employees engaged in the following functions shall be between Monday
and Sunday:
(a) Tourism
Services, including the Visitor Information Centre;
(b) Entertainment
Services, including Entertainment Centre operations, Hospitality;
(c) Cultural
Services, including Geo Centre employees, Art Gallery employees, Library and
Living Desert Ranger;
(d) Waste
Services;
(e) Aged and
Community Care services;
(f) Aquatic
facilities, including pool attendants/ cleaners;
(g) Airport staff
including Airport reporting officer;
(h) Rangers/
Enforcement Officers;
(i) Parks and
Open Spaces;
(j) Crematorium
and Cemetery;
(k) Trade
functions;
(l) Road
construction and maintenance;
(m) Cleaning.
8A. Saturday and
Sunday Work for Employees Engaged On or After 21 December 2015
8.8 Except as
otherwise provided, ordinary hours worked by full time and permanent part time
employees employed in Tourism and Cultural services, Aquatic facilities,
Ranger/ Enforcement Officers and Entertainment Services on a Saturday shall
attract a 25% penalty in addition to the ordinary hourly rate of pay and
ordinary hours worked on a Sunday shall attract a 50% penalty in addition to
the ordinary hourly rate of pay.
8.9 Ordinary hours
worked on a Saturday or a Sunday by Waste Services, Parks and Open Spaces,
Crematorium and Cemetery, Trade Functions, Road Construction and Maintenance;
Airport Staff and Cleaning employees shall attract a 50% penalty for work
between midnight Friday and midnight Saturday and a 100% penalty for work
between midnight Saturday and midnight Sunday.
8.10 Ordinary hours
worked on a Saturday or a Sunday by aged care employees shall attract a 50%
penalty for work between midnight on Friday and midnight on Saturday and a 100%
penalty for work between midnight on Saturday and midnight on Sunday. The
weekend penalty rates for the ordinary hours of aged care employees are in
substitution for and not cumulative upon the shift penalty prescribed in
sub-clause 9.2
8.11 An employee may
request to work ordinary hours on a Saturday and/or Sunday in lieu of ordinary
hours the employee would otherwise be rostered to work.
(a) An employee’s
request must be in writing and be forwarded to Council and the Union. In
addition the request must outline a period within which the arrangement is to
be reviewed by Council and the Union;
(b) Council and
the Union will not unreasonably withhold agreement to such a request;
(c) Any such
agreement shall not apply to new or vacant positions;
(d) Where an
employee requests to work ordinary hours on a Saturday and/or a Sunday under
the provisions of this sub-clause, Council shall not be required to pay the
penalty rate prescribed by sub-clauses 8.8, 8.9 and 8.10
9. Shift Work
9.1 Except as
otherwise provided ordinary hours worked by employees, other than aged and
community care employees, outside the span referred to in subclause 6.4 shall
attract a 20% shift penalty in addition to the ordinary hourly rate of pay for
the actual time worked outside the span.
9.2 Aged and
community care employees who work ordinary hours outside the span of 6am to 6pm
shall be entitled to a 15% shift penalty in addition to the ordinary hourly
rate of pay for the actual time worked between 6:00pm and 6:00am.
9.3 Employees
engaged in the following functions shall be entitled to a 20% shift penalty in
addition to the ordinary hourly rate of pay for the actual time worked outside
the following times:
Cleaners
|
5.00am to 9.00pm
|
Entertainment Services (including Entertainment Centre
Operations, Hospitality)
|
6.00am to 11.00pm
|
Libraries
|
8.00am to 9.00pm
|
Aquatic facilities
|
5.00am to 9.00pm
|
Living Desert Ranger
|
6.00am to 9.00pm
|
9.4 Shift penalties
shall be payable for ordinary work performed between Monday and Friday and
shall not be paid on weekends.
9.5 An employee may
request to work ordinary hours outside the span of 6:00am and 6:00pm or any of
the other spans detailed in sub-clauses 9.1, 9.2 and 9.3 in lieu of the
ordinary hours the employee would otherwise be rostered to work.
(a) An employee’s
request must be in writing and be forwarded to Council and the Union. In addition the request must outline a period
within which the arrangement is to be reviewed by Council and the Union;
(b) Council and
the Union will not unreasonably withhold agreement to such a request;
(c) Any such
agreement shall not then apply to new or vacant positions;
(d) Where an
employee requests to work ordinary hours outside the relevant span of hours
under the provisions of this sub-clause, Council shall not be required to pay a
shift penalty for the actual time worked.
10. Starting Point
10.1 All employees
shall start and finish at the various council depots and facilities. Employees
may be required to start and finish at the work site if practical.
11. Garaging
11.1 All time
necessary in garaging of machines shall be included in Council’s time.
12. Part Time
Employees
12.1 A part-time
employee shall mean an employee who is engaged on the basis of a regular number
of hours which are less than the full-time ordinary hours in accordance with
subclauses 6.2 and 6.3 of the Award.
12.2 Prior to
commencing part-time work Council and the employee shall agree upon the
conditions of work including:
(a) The hours to
be worked by the employee, the days upon which they shall be worked and the
commencing times for the work.
(b) The nature of
the work to be performed.
(c) The rate of
pay as paid in accordance with this Award.
12.3 The conditions
may also stipulate the period of part-time employment and may be varied by
consent.
12.4 The conditions
or any variation to them must be in writing and retained by Council. A copy of
the conditions and any variations to them must be provided to the employee by
Council.
12.5 Unless otherwise
provided where a public holiday falls on a day where a part-time employee would
have regularly worked the employee shall be paid for the hours normally worked
on that day.
12.6 By agreement a
part-time employee may work more than their regular number of hours at the
ordinary hourly rate. The maximum amount
of hours that a part-time employee may work at the ordinary hourly rate is the
hours prescribed by sub-clauses 6.2 and 6.3.
12.7 Part-time
employees shall receive all conditions prescribed by the Award on a pro rata
basis of the regular hours worked. An adjustment to the accrued leave
entitlements may be required at the conclusion of each service year based on
the proportion of actual hours worked.
13. Casual
Employees
13.1 A casual
employee shall mean an employee engaged on a day to day basis.
13.2 A casual
employee will be paid for a minimum of three hours, for each engagement, except
for attendance at scheduled employee or team meetings, for which payment will
be made at the appropriate rate for time actually worked, with a minimum of one
(1) hour.
13.3 A casual
employee shall be paid the hourly rate for ordinary hours worked.
13.4 A casual
employee shall be entitled to a 25 per cent loading, calculated on the ordinary
hourly rate. This loading shall not attract any penalty. This loading shall be
paid in lieu of all leave and severance pay, except paid maternity leave.
Casual loading is not payable on overtime.
13.5 A casual employee
may work a maximum amount of hours as prescribed by sub-clauses 6.2 and 6.3 at
ordinary time. Overtime shall be paid
where a casual employee works outside the ordinary hours for the position. In cases where there are no ordinary hours
for the position, overtime shall be paid for the hours worked in excess of
those prescribed in sub-clauses 6.2 and 6.3
13.6 Subject to the
reasonable overtime provisions of sub-clause14.1, a casual employee will not be
offered to work overtime in a position held by an employee of Council, if the
employee of Council is available to work that overtime.
13.7 Casual employees
who work on Saturday and/or Sunday are entitled to the penalty rates prescribed
by the relevant subclauses 7.8, 7.9, 8.8 or 8.9. The penalties are calculated on the ordinary
hourly rate.
13.8 Casual employees
who work outside the relevant span of hours are entitled to the relevant shift
penalties prescribed by the relevant subclauses 7.8, 7.9, 8.8 or 8.9. The shift penalty is calculated on the ordinary
hourly rate.
13.9 Casual employees
engaged on a regular and systematic basis shall:
(a) Have access to
annual assessment under council's salary system
(b) Have their
service as a casual counted as service for the purpose of calculating long service
leave where the service as a casual employee is continuous with their
appointment to a permanent position on council's structure. In calculating the
long service leave entitlement of casual employees, there shall be a deduction
of the long service leave accrued whilst the employee was employed as a casual
and paid the loading identified in sub-clause 13.4
13.10 A casual employee
shall not replace an employee of council on a permanent basis.
13.11 Carer’s
entitlements shall be available for casual employees as set out in sub-clause
31.9 of this Award.
13.12 Bereavement
entitlements shall be available for casual employees as set out in sub-clause
31.2 of this Award.
13.13 Parental leave
entitlements shall be available for casual employees in accordance with Clause
34 and Part 4, Parental Leave, of the Industrial Relations Act 1996 (NSW).
14. Overtime
14.1 Except where
otherwise provided Council may require an employee to work reasonable overtime.
(a) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(b) What
constitutes unreasonable working hours will be determined having regard to:
any risk to the employee;
the employee’s personal
circumstances including any family and carer’s responsibilities;
the needs of the workplace;
the notice, if any, given by
Council of the overtime and by the employee of their intention to refuse it;
and any other matter.
14.2 Overtime shall
be paid at the rate of double time.
14.3 Any employee who
has completed normal and regular hours of work and is on the premises at the
time of the request, and is called to work overtime, other than planned
overtime, of less than four (4) hours, shall be paid for the time worked.
14.4 Where an
employee is required to work after finishing time for a period in excess of 1 ½
hours, then the employee shall be provided with a meal, or alternatively, the
employee shall be paid the allowance set out in the Table in Schedule 2.
If overtime continues beyond 1 ½ hours then, for each
additional four hours worked an additional meal shall be provided or,
alternatively, the employee shall be paid the allowance set out in the Table in
Schedule 2.
14.5 Except as
otherwise provided, where a meal is due and overtime is to extend beyond that
time, a paid break of twenty (20) minutes shall be allowed in which to eat the
meal.
14.6 Transport shall
be provided for all employees required to work on other than planned work which
is outside their normal working time.
14.7 A wages employee
shall receive a paid thirty (30) minute meal break or in lieu, an allowance, as
set out in the Table in Schedule 2, after four (4) continuous hours on any or
all overtime worked on Saturdays and Sundays.
14.8 Council shall
keep a record of all overtime worked and shall pay for authorised overtime.
14.9 For the purposes
of calculating overtime each day shall stand alone, provided however that where
any period is continuous and extends beyond midnight, all overtime hours in
this period shall be regarded as if they had occurred within the day first
occurring.
14.10 Consistent with
Council’s travel policy, the above provisions do not apply to those employees required
to travel for work.
14A. On Call Allowance
14.11 An employee shall
be deemed to be on-call if required by Council to be available for duty outside
of ordinary hours at all times in order to attend emergency and/or breakdown
work.
14.12 Employees who are
required to be on-call are not required to remain at their usual place of
residence or other place appointed by Council.
However, an on-call employee must be able to be contacted and be able to
respond within a reasonable time.
14.13 Employees required
to be on-call on days when they would ordinarily work,
or would have ordinarily worked but for a public holiday, shall be paid an
allowance in accordance with Schedule 2.
14.14 Employees required
to be on-call on days other than their ordinary working days shall be paid an
on-call allowance in accordance with Schedule 2
14.15 The on-call
allowances in sub-clauses 14.13 and 14.14 shall not total more than the amount
as stated in Schedule 2, in any one week.
14.16 Employees on-call
who are required to work outside their ordinary hours
shall be entitled to be paid overtime at the appropriate rate for hours worked
and such rate shall be paid from the time that the employee departs for
work. On-call employees are not subject
to the minimum payment provisions of sub-clause 37.5 on a public holiday.
14B. Remote Response
14.17 An employee who is
in receipt of an on call allowance and available to immediately:
(a) respond to phone calls or messages;
(b) provide advice (‘phone fixes’);
(c) arrange call out/rosters of other employees; and
(d) remotely monitor and/or address issues by remote telephone
and/or computer access,
will be paid the applicable
overtime rate for the time actually taken in dealing with each particular
matter, except where the employee is recalled to work (NOTE: subclause14.16
applies where an on-call employee is recalled to work)
14.18 An employee
remotely responding will be required to maintain and provide the employer a
time sheet of the length of time taken in dealing with each matter remotely for
each day commencing from the first remote response. The total overtime paid to
an employee for all time remotely responding in any day commencing from the
first response will be rounded up to the nearest 15 minutes.
14.19 The employer, may
be agreement, make an average payment equivalent to an agreed period of time
per week where the employee is regularly required to remotely respond as
defined in subclause 14.17.
14C. Call Back
14.20 Any employee of
Council who has completed their normal and regular hours of work and is off the
premises at the time of request, is called to work overtime, other than planned
overtime, of less than four hours, shall be paid the appropriate overtime rate
for a minimum of four (4) hours.
14D. Quick Shift
14.21 An employee who
works so much overtime between the completion of ordinary work on one shift and
the commencement of ordinary work on the next shift that they have not had at
least eight consecutive hours off duty between shall be paid double time if
instructed to resume work or released from work and entitled to an eight hour
break without loss of pay.
14E. Broken Shift
14.22 A permanent
employee called upon to work a broken shift shall be paid the indexed allowance
based upon that currently applicable per shift in addition to their ordinary
pay. A broken shift shall not exceed a
span of twelve (12) hours.
15. Meal Breaks
15.1 Council must not
require an employee to work for more than 5 hours continuously without an
interval of at least 30 minutes for a meal.
15.2 Except as
otherwise provided, a meal allowance as set out in the Table in Schedule 2
shall be paid to employees instructed to work overtime:
(a) for 1½ hours or more prior to their agreed commencing time
(b) for 1½ hours immediately after their agreed finishing time
and after subsequent periods of four hours
(c) after each four hours on days other than ordinary working
days.
15.3 Aged Care and
Community Care employees shall remain on site for the duration of any meal
break.
16. Annualised
Salary Agreements (ASA)
16.1 Notwithstanding
any other provision of this Award, the Council and an employee may agree that
the Council may pay the employee an annual salary in satisfaction of any or all
payments arising under the following provisions of the Award:
(a) Rates of pay -
clause 19
(b) Use of Skills
- clause 23
(c) Salary
Packaging and sacrifice - clause 24
(d) Allowances and
reimbursements - clause 22
(e) Hours of Work
- clause 6 and 7
(f) Overtime -
clause 14
(g) Public Holidays
- clause 38
16.2 Where an
employee and Council seek to enter into an ASA, the employee is entitled to
seek industrial/ legal advice prior to entering into such an arrangement.
16.3 Where an employee and Council enter into an ASA,
the annual salary shall not disadvantage the employees:
(a) The annual
salary must be no less than the amount the employee would have received under
this Award for the work performed over the year for which the salary is paid
(or if the employment ceases earlier over such less period as has been worked);
(b) The annual
salary of the employee must be reviewed by Council at least annually to ensure
that the compensation is appropriate having regard to the award provisions which
are satisfied by the payment of the annual salary;
(c) Employees
shall not be denied the opportunity to apply for new or vacant positions as a
result of the operation of this clause.
16.4 An annual salary
agreement must:
(a) be in writing and signed by the employee and Council;
(b) state the date upon which the arrangement commences;
(c) be provided to the employee;
(d) contain a
provision that the employee will receive no less under the arrangement than the
employee would have been entitled to if all award obligations had been met,
taking account of the value of the provision of matters not comprehended by the
award;
(e) be subject to annual review;
(f) contain details of any salary package arrangements,
including the annual salary that is payable;
(g) contain details of any other non-salary benefits provided to
the employee such as an employer provided motor vehicle.
(h) contain details of performance pay arrangements and
performance measurement indicators;
(i) contain the salary for the purposes of accident make up pay;
and
(j) contain the award band and level for the role.
16.5 An Annualised
salary agreement may be terminated:
(a) by Council or
the employee giving four weeks’ notice of termination, in writing, to the other
party and the agreement ceasing to operate at the end of the notice period; or
(b) at any time, by written agreement between Council and the
employee.
16.6 On termination
of an annualised salary agreement, the employee will revert to the Award entitlements
unless a new annualised salary agreement is reached.
16.7 Notwithstanding
the above, annualised salary arrangements entered into prior to 1 November 2015
may continue to operate in accordance with their terms.
17. Council
Agreements
17.1 The parties may
enter into a council agreement, which may apply to parts of Council’s
workforce.
17.2 The terms of any
agreement reached between the parties shall substitute for the provisions of
the award provided that:
(a) the extent of the council agreement shall be limited to:
Payment of employees;
Hours of work;
Overtime;
Holidays;
Part-time employment;
Job share employment;
Performance, evaluation and reward
(b) the agreement does not provide less than the entry level
rates of pay;
(c) the agreement is consistent with the Industrial Relations
Act 1996 (NSW) and current wage fixing principles; and
(d) the agreement shall be processed in accordance with
subclause 17.3 of this clause. Provided further that, where the agreement
proposes to vary award provisions other than those nominated in paragraph (a)
above, the agreement shall be processed in accordance with the Enterprise
Arrangement Principle.
17.3 A Council
Agreement shall be processed as follows:
(a) the unions shall be notified prior to the commencement of
negotiations;
(b) the agreement has been genuinely arrived at by negotiation
between the Council and the Union;
(c) the agreement shall be committed to writing and shall
include a date of operation and a date of expiration;
(d) the council and the appropriate union(s) shall sign the
agreement; and
(e) Any party to a
Council Agreement may at any stage during the above process refer the matter to
the Industrial Relations Commission of NSW.
17.4 Council
agreements can be terminated in the following manner:
(a) Section 44 of
the Industrial Relations Act 1996 (NSW) relating to the termination of
enterprise agreements shall apply to the termination of a council agreement
made in accordance with this clause and a council agreement may be terminated
in the same manner as an enterprise agreement.
(b) Where a
council agreement it terminated at or after the end of its nominal term by the
giving of written notice to each other party to the agreement, at least three
(3) months’ written notice shall be given. The notice may be served before the
end of the nominal term.
(c) Termination of
a council agreement is not effective until all of the parties to the agreement
have been given written notice of the approval to terminate or of service of
the notice of intention to terminate.
PART 3
RATES OF PAY AND RELATED MATTERS
18. Skills Based
System of Pay and Rates of Pay
18.1 This Award has
adopted a skills based structure consisting of four overlapped bands within which
classifications have been broad banded into levels according to six key skill
descriptors as defined within clause 20 Skill Descriptors.
The four bands are:
No.
|
Band
|
Levels
|
1
|
Operational
|
4
|
2
|
Administrative/Technical/Trades
|
3
|
3
|
Professional/Specialist
|
4
|
4
|
Executive
|
4
|
18.2 The skills based
salary structure described above is supported by a 24 grade salary system with
each grade comprising of an entry level and three progression steps that are over
and above the entry level rates of pay for the grade.
18.3 The salary
system determines how employees at Council are paid. An employee shall be paid the salary system
rate of pay that recognises the skills the employee is required to apply on the
job. In relation to employees at Grade
14 and above, when moving from step 3 to step 4, the salary system rate of pay
also recognises a performance rating of competent or above.
18.4 Positions are
assigned a salary grade(s) within the structure. A position may extend across
more than one grade in Council’s salary system.
The rates of pay for each grade are set out in the Table 1 of Schedule
1. The rates of pay in Table 1 of Schedule
1 are rates that have historically absorbed the defunct extra over award
payments and the Broken Hill Allowance for all employees, Annual Leave loading
for Salaried Office Employees and Wages Employees and the following allowances
for Wages Employees:
Ceiling;
Chainsaw;
Confined Space;
Dead Animal;
Dirt;
Early Start;
Early Start - Pool;
Jack Hammer;
Laundry;
Lead Bonus;
Milk;
Mowing;
Noxious Weeds;
Power Implement;
Painter’s spray;
Qualification;
Spreader;
Trade Certificate;
Toilet;
Towing;
Wet - General; and
Wet - Garbage.
18.5 The transition to
the skills based salary structure by aged and community care employees
incorporates and absorbs prior allowances and payments, specifically:
Linen Handling - Nauseous Linen Allowance;
Cardigan Allowance;
Special Shoe Allowance;
Laundry Allowance;
Flexibility Allowance;
Special cleaning allowances associated with cleaning or
scraping in confined spaces, inside the gas or water space of any boiler, flue
or economiser;
Uniform Allowance; and
Driving Allowance.
Further, this transition takes, incorporates and
absorbs the prior payment of Annual Leave Loading.
18.6 Apprenticeships
(a) The rates of
pay set out in Table 2 of Schedule 1 are payable to employees of Council
undertaking apprenticeships.
(b) Upon reaching
the age of 21 years and not having completed their apprenticeship, apprentices
shall be paid the minimum rate for adults provided under this Award.
(c) Upon
successful completion of the apprenticeship, an employee shall proceed to the
appropriate grade in the structure, if the employment is to be continued beyond
the apprenticeship period.
(d) In addition to
the vocational training direction, Council shall provide an apprentice with the
conditions of the apprenticeship in writing and these conditions shall include:
(i) the terms of the apprenticeship;
(ii) the course of studies to be undertaken by the apprentice;
(iii) the course of on the job training to be undertaken by the
apprentice.
(e) On the
production of a letter from the Principal of the TAFE College stating that they
have satisfactorily completed a year’s work in the trade course appropriate to
their apprenticeship, an apprentice shall be refunded the amount of fees paid
in respect of that year.
(f) On the
production of a letter from the Principal of the TAFE College stating that they
have satisfactorily completed a year’s work in the trade course appropriate to
their apprenticeship, and receipts for text books prescribed for that year’s
work, an apprentice shall be paid the cost of the prescribed text books or one
hundred and fifty dollars ($150.00) whichever is the lesser amount.
18.7 Government
funded traineeships
(a) A government
funded traineeship is subject to a Traineeship Agreement registered with the
relevant State Training Authority.
(b) The rates of
pay payable to a government funded trainee shall be as provided in Table 3 in
Schedule 1.
(c) The rates of
pay in Table 3 in Schedule 1 are actual rates and shall only apply to government
funded trainees while they are undertaking an approved traineeship.
(d) Council shall
ensure that government funded trainees are permitted to attend the training
course or program provided for in the Traineeship Agreement and shall ensure
that trainees receive the appropriate on-the-job training in accordance with
the Traineeship Agreement.
(e) A government
funded trainee shall be permitted to be absent from work without loss of
continuity of employment and/or wages to attend training in accordance with the
Traineeship Agreement.
19. Skill
Descriptors
The award’s skills based bands, levels and grades are
defined according to the following skill descriptors:
OPERATION BAND
Operational Band 1, Level 1
Authority and accountability:
Completion of basic tasks with work
closely monitored by the team leader or supervisor.
Judgement and problem solving:
Judgement is limited and coordinated by other workers.
Specialist knowledge and skills:
Specialist knowledge and skills are obtained through
on-the-job training and council-based induction training. Off-the-job training
may lead to trade, technical or professional qualifications.
Management skills:
Not required.
Interpersonal skills:
Limited to communications with other
staff and possibly, with the public.
Qualifications and experience:
Completion of School Certificate or the Higher School
Certificate may be sought. Completion of an appropriate labour market program
or similar short-term work / skills experience is desirable.
Operational Band 1, Level 2 (Grades 1 to 4)
Authority and accountability:
Responsible for completion of basic
tasks with individual guidance or in a team.
Judgement and problem solving:
Applies standard procedures with
normally few if any options in the application of skills.
Specialist knowledge and skills:
Job specific skills and knowledge would normally be
gained through on-the-job training and experience. Short courses may be
completed at TAFE.
Management skills:
Not required.
Interpersonal skills:
Frequent communication with other
staff and/or the public common but normally at a routine level.
Qualifications and experience:
Incumbents may have attended short courses in specific
work areas or be undertaking a technical college certificate as completion of
structured training program in work-related area.
Operational Band 1, Level 3 (Grades 5 to 7)
Authority and accountability:
Responsible for completion of
regularly occurring tasks with general guidance on a daily basis.
Judgement and problem solving:
Judgement is required to follow predetermined
procedures where a choice between more than two options are
present.
Specialist knowledge and skills:
Application of skills, including
machine-operation skills, following training "on the job" or
accredited external training over a number of months.
Management skills:
Some guidance/supervision may be required. May assist a co-ordinator / trainer with on-the-job training.
Interpersonal skills:
Skills required for exchange of information on
straightforward matters.
Qualifications and experience:
Suitable experience or qualifications
in a number of defined skill areas.
Operational Band 1, Level 4 (Grades 8 to 10)
Authority and accountability:
Responsible for supervising staff in
operational duties or for work requiring independence in the application of
skills, subject to routine supervision. Responsible
for quality of work function.
Judgement and problem solving:
Option on how to approach tasks requires interpretation
of problems and may involve precise judgement in operational areas.
Specialist knowledge and skills:
The number of work areas in which the position operates
makes the work complicated and a variety of skills are required in its
completion. Position may require competence in operation of complex machinery.
Management skills:
Supervisory skills in the communication of
instructions, training and the checking of work may be required.
Interpersonal skills:
Skills are required to convince and explain specific
points of view or information to others and to reconcile differences between
parties.
Qualifications and Experience:
Experience to adapt procedures to
suit situations and a thorough knowledge of the most complex operational work
procedures to achieve work objectives.
ADMINISTRATIVE / TECHNICAL / TRADES BAND
Administrative / Technical / Trades Band 2, Level 1
(Grades 8 to 10)
Authority and accountability:
Responsible for the completion of
work requiring the application of trades, administrative or technical skills.
Judgement and problem solving:
Skills in assessing situations and in
determining processes, tools and solutions to problems. Guidance is
available.
Specialist knowledge and skills:
Positions will have demonstrated competence in a number
of key skill areas related to major elements of the job.
Management skills:
Positions may require skills in the supervision or
co-ordination of small groups.
Interpersonal skills:
Communication skills to explain
situations or advise others.
Qualifications and experience:
Appropriate work-related trade,
technical or administrative qualifications or specialist skills training.
Administrative / Technical / Trades Band 2, Level 2 (Grades
11 to 13)
Authority and accountability:
Responsibility as a trainer/co-ordinator for the
operation of a small section which uses staff and other resources, or the
position completes tasks requiring specialised technical / administrative
skills.
Judgement and problem solving:
Skills to solve problems which require assessment of
options with freedom within procedural limits in changing the way work is done
or in the delegation of work. Assistance may be readily available from others
in solving problems.
Specialist knowledge and skills:
Positions will have specialised knowledge in a number
of advanced skill areas relating to the more complex elements of the job.
Management skills:
May require skills in supervising a team of staff, to
motivate and monitor performance against work outcomes.
Interpersonal skills:
In addition to interpersonal skills in managing others,
the position may involve explaining issues/policy to the public or others and
reconcile different points of view.
Qualifications and experience:
Thorough working knowledge and experience of all work
procedures for the application of technical / trades or administrative skills,
based upon suitable certificate or post-certificate-level qualifications.
Administrative/Technical/Trades Band 2, Level 3 (Grades
14 to 16)
Authority and accountability:
May be responsible to provide a
specialised / technical service and to complete work which has some elements of
complexity. Make recommendations within council and represent council to
the public or other organisations.
Judgement and problem solving:
Problem solving and judgements are made where there is
a lack of definition requiring analysis of a number of options. Typical
judgements may require variation of work priorities and approaches.
Specialist knowledge and skills:
Positions have advanced knowledge and skills in a
number of areas where analysis of complex options is involved.
Management skills:
May supervise groups of operational
and / or other administrative /trades / technical employees. Employees
supervised may be in a number of different work areas, requiring motivation,
monitoring and co-ordination to achieve specific outputs.
Interpersonal skills:
Skills to communicate with
subordinate staff and the public and/or negotiation / persuasive skills to
resolve disputes with staff or the public.
Qualifications and experience:
An advanced certificate, associate diploma, appropriate
in-house training or equivalent combined with extensive experience in the application
of skills in the most complex areas of the job.
PROFESSIONAL / SPECIALIST BAND
Professional / Specialist Band 3, Level 1 (Grades 11 to
13)
Authority and accountability:
Provides specialised / technical
services to complete assignments or projects in consultation with other
professional staff. May work with a team of technical
or administrative employees requiring the review and approval of more complex
elements of the work performed by others.
Judgement and problem solving:
Problems require assessment of a range of options
having elements of complexity in reaching decisions and making recommendations.
Precedent is available from sources within the Council, and assistance is
usually available from other professional / specialist staff in the work area.
Specialist knowledge and skills:
Positions require considerable knowledge in a specific
area with a sufficient level of skills and knowledge to resolve issues having
elements of complexity that may not be clearly defined.
Management skills:
Positions at this entry level to the Professional /
Specialist Band are not required to possess management skills.
Interpersonal skills:
Persuasive skills are required to participate in
technical discussions to resolve problems, explain policy and reconcile
viewpoints.
Qualifications and experience:
Professional/specialist positions require professional
qualifications to apply theoretical knowledge to practical situations.
Professional / Specialist Band 3, Level 2 (Grades 14 to
16)
Authority and accountability:
Provides a specialised/technical service in the
completion of work and / or projects which have elements of complexity
(composed of many parts that may be more conceptual than definite).
Judgement and problem solving:
Positions require the interpretation of information and
development of suitable procedures to achieve agreed outcomes. Problem solving and decision making require analysis of data to
reach decisions and / or determine progress.
Specialist knowledge and skills:
Experience in the application of technical concepts and
practices requiring additional training are required at this level.
Management skills:
May manage a number of projects
involving people and other resources requiring project control and monitoring
as well as motivation and co-ordination skills.
Interpersonal skills:
Interpersonal skills in leading and motivating staff in
different teams / locations may be required, as well as persuasive skills to
resolve problems or provide specialised advice.
Qualifications and experience:
Positions at this level would have supplemented base
level professional qualifications with additional skills training. Considerable
practical experience or skills training would be required to effectively
control key elements of the job.
Professional / Specialist Band 3, Level 3 (Grades 17 to
19)
Authority and accountability:
Provides a professional advisory role
to people within or outside council. Such advice may commit the Council
and have significant impact upon external parties dealing with council. The
position may manage several major projects or sections within a department of
the Council.
Judgement and problem solving:
Positions have a high level of independence in solving
problems and using judgement. Problems can be multi-faceted requiring detailed
analysis of available options to solve operational, technical or service
problems.
Specialist knowledge and skills:
The skills and knowledge to resolve
problems where a number of complex alternatives need to be addressed.
Management skills:
May be required to manage staff, resolve operational
problems and participate in a management team to resolve key problems.
Interpersonal skills:
Interpersonal skills in leading and motivating staff
may be required. Persuasive skills are used in seeking agreement and discussing
issues to resolve problems with people at all levels. Communication skills are
required to enable provision of key advice both within and outside council and
to liaise with external bodies.
Qualifications and experience:
Tertiary qualifications combined with a high level of
practical experience and an in-depth knowledge of work.
Professional / Specialist Band 3, Level 4 (Grades 20 to
21)
Authority and accountability:
Accountable for the effective
management of major sections or projects within their area of expertise.
As a specialist, advice would be provided to executive level and to council on
major areas of policy or on key issues of significance to the organisation. The
position's influence would have an important role in the overall performance of
the function.
Judgement and problem solving:
Positions would determine the framework for problem
solving or set strategic plans with minimal review by senior management. At
this level, the position may represent senior management or council in the
resolution of problems. The oversight of problem solving and assessment of the
quality of judgements made by less qualified staff will apply at this level.
Specialist knowledge and skills:
Positions require knowledge and skills for the
direction and control of a key function of council or major functions within a
department. Positions require expert knowledge and skills involving elements of
creativity and innovation in addressing and resolving major issues.
Management skills:
Positions may direct professional or other staff in the
planning, implementation and review of major programs, as well as participating
as a key member of a functional team.
Interpersonal skills:
Interpersonal skills in leading and motivating staff
will be required at this level. Positions require the ability to negotiate on
important matters with a high degree of independence. Positions are required to
liaise with the public and external groups and organisations.
Qualifications and experience:
Specialist tertiary qualifications in an appropriate
field of study combined with extensive practical experience in all relevant
areas in order to plan, develop and control major
elements of work.
EXECUTIVE BAND
Executive Band 4 (Grades 22 to 24)
Authority and accountability:
Accountable for the direction and
control of council or a department or the like. Influence and commit
council or a department or the like to long-term strategic directions. Lead
policy development and implementation.
Judgement and problem solving:
Positions solve problems through analytic reasoning and
integration of wide-ranging and complex information, and have a high level of
independence in determining direction and approach to issues.
Specialist knowledge and skills:
The position requires the application of a range of
specialist knowledge and skills, including relevant legislation and policies
and other areas of precedent. Ability to provide
authoritative advice to council.
Management skills:
Application of corporate management
skills in a diverse organisation to establish goals and objectives.
Manage and control staff, budgets and work programs or major projects of
council or a department or the like utilising leadership, evaluation and
monitoring skills to facilitate achievement of objectives. Ability to generate
innovative approaches to more effectively deploy resources, meet changing
circumstances and improve service to the Council's clients.
Interpersonal skills:
Positions use persuasive skills with external parties
on major items of critical importance to council. They motivate managers and
staff at all levels by leading and influencing others to achieve complex objectives.
They influence the development of the Council.
Qualifications and experience:
Positions will have a relevant degree or equivalent and
management experience, combined with accredited management qualifications.
20. Annual
Assessment and Progression Rules
20.1 Employees shall
be assessed for progression through the salary range for their position
annually.
20.2 At the time of
each annual assessment, Council shall advise the employee of the skills and/or any
performance objectives required for the employee to progress to the next salary
step and shall review the employee’s training needs.
20.3 An employee’s
progression from the entry level (Step 1) to Step 2, Step 3 and Step 4 shall be
based upon the acquisition and use of core skills and knowledge as specified in
the relevant position description and skills matrix.
20.4 Progression
through the salary system shall be based on the acquisition and use of skills.
Where skills based progression is not reasonably available within the salary
range for the position, employees shall have access to progression based on the
achievement of performance objectives relating to the position and communicated
to the employee in accordance with subclause 20.2 above.
20.5 Progression
shall be subject to the employee achieving a skills/performance rating of
competent or above, at the time of the annual assessment.
20.6 For employees at
Grade 14 and above progression from Step 3 to Step 4 is subject to performance.
Should an employee’s performance be evaluated as marginal or inadequate the
employee shall not be eligible to progress to the next salary point.
20.7 Employees may
appeal against their skills assessment and/or performance evaluation. Such appeals must be in writing to the
General Manager within 10 days of the original assessment and/or
evaluation. The General Manager may
consult with applicable staff members before making a final determination.
Employees may access the Dispute Resolution Procedures of clause 44 as a means
of resolving concerns in relating to skills assessments and/or performance
evaluations.
20.8 Employees shall
have access to information regarding the grade, salary range and progression
step of the position. The guidelines
found in Schedule 3 to this Award have been established to assist the parties
to the Award in relation to the operation of Council’s Salary System and the
progression of employees through Council’s Salary System.
21. Allowances and
Reimbursements
21.1 Expenses
(a) All reasonable
expenses, including out-of-pocket, accommodation and travelling expenses,
incurred in connection with an employee’s duties shall be paid by Council.
(b) Where
practical the reimbursement be included in the next
pay period.
(c) The method and
mode of travelling or the vehicle to be supplied or to be used shall be
arranged mutually between the Council and the employee.
(d) Travel
arrangements shall be agreed between the Council and the employee.
21.2 Tools Allowance
(a) Tradespersons and
apprentices shall provide their own tools.
(b) Tools will be
replaced by Council or the cost to replace tools made by Council where:
tools are worn through proper
use;
tools are stolen and such
theft has been reported to the proper local police authority by the employee;
and
where tools are damaged and
the employees supervisor has authorised their replacement.
(c) Otherwise,
lost tools shall be replaced by employees at their own expense.
(d) Tradespersons
who are required to work in a second trade shall be supplied with the necessary tools for the second
trade.
21.3 Community
Language and Signing Work
(a) Employees
using a community language skill as an adjunct to their normal duties to
provide services to speakers of a language other than English or to provide
signing services to those with hearing difficulties, shall be paid an allowance
in addition to the weekly pay. The
quantum of the allowance is set out in the Table in Schedule 2.
(b) The allowance
may be paid on a regular or irregular basis, according to when the skills are
used.
(c) Such work
involves an employee acting as a first point of contact for non-English
speaking residents or residents hearing difficulty. In this regard the employee is limited to
identifying the resident’s area of concern or inquiry and then providing basic
assistance, which may include face-to-face discussion and/or telephone inquiry.
(d) Such employees
convey straightforward information relating to Council services, to the best of
their ability. The Employees do not
replace or substitute for the role of a professional interpreter or translator.
(e) Such employees
shall record their use of a community language.
21.4 First Aid Work
(a) Where an employee
is required by Council to be a designated first aid officer, Council shall pay
the fees associated with the attainment of such certificate.
(b) Council shall
provide a sufficient number of properly equipped first aid boxes and one shall
be provided for use in cases of accident or sudden illness at each and every
workplace where two or more persons are employed.
(c) Where an
employee is required by Council to be in charge of a first aid kit and/or to
administer first aid and the use of such adjunct skills are not paid for in
accordance with the salary system then the employee shall be paid an allowance
as set out in the Table in Schedule 2.
(d) Employees
required by Council to relieve a first aid attendant shall receive an allowance
as set out in the Table in Schedule 2.
21.5 Licence fees
(a) For employees employed prior to 21 December 2015,
Council shall pay licence fees for all employees who as a requirement of the
job must drive motor vehicles or are required by the Council to obtain a specific
licence to enable them to do work required by the Council, up to 30 June 2018,
after which time, they shall be reimbursed in accordance with sub-clause
21.5(b), below.
(b) For employees employed post 21 December 2015,where
Council requires them to hold a drivers’ licence other than a Class C (car) or
Class R (Rider) licence, Council shall reimburse the employee the difference
between the cost of the licence and the cost of the Class C (car) licence.
22. Use of Skills
22.1 The use of
skills provisions of this clause will only apply when Council direct an
employee to carry out such duties as are within the limits of the employee’s
skill, competence and training. This may
result in an employee being required to the perform duties which may extend
beyond those identified in their position description.
22.2 An employee
directed to relieve in a position which is at a higher level within the salary
system shall be paid for that relief. The rate to be paid shall be determined
by considering the skills / experience applied by the employee relieving in the
position but shall be at least the minimum rate for that position in accordance
with the salary system except where the higher level skills have been taken
into account within the salary of the relieving employee.
22.3 Except as
otherwise provided in sub-clause 22.4 payment for use of skills relieving in a
higher paid position shall be made for the time actually spent relieving in the
higher position and is not payable when the relieving employee is absent on
paid leave or an award holiday. The
higher rate is however payable when the employee is directed to relieve during
a period which incorporates rostered days off and/or a public holiday.
22.4 Where an
employee receives a varying rate of pay for 6 months or more in the aggregate
in the preceding 12 month period, the employee’s ordinary rate of pay shall be
deemed to be the average weekly rate of pay earned during the period actually
worked over the 12 months immediately preceding the annual leave.
22.5 Where
practicable, payment for relief work at a higher level must be authorised and
determined in advance and the employee explicitly directed to relieve in the
higher position.
23. Salary
Packaging and Sacrifice
Council and the employee may agree on salary packaging and
salary sacrifice arrangements with employees. Such arrangements shall be
committed to writing and signed by the parties.
24. Superannuation
In the absence of an employee electing a superannuation
fund, employer superannuation contributions shall be paid into the default fund
being the Local Government Superannuation Scheme.
25. Payment of
Employees
25.1 Employees will
be paid fortnightly.
25.2 Council shall be
entitled to deduct from the employee’s pay such amounts as the employee
authorises in writing.
25.3 An employee’s
ordinary pay shall not be reduced when the employee is prevented from attending
work due to bushfire or other climatic circumstances beyond their control.
PART 4
LEAVE PROVISIONS
26. Annual Leave -
General Provisions
26.1 Unless otherwise
provided, paid annual leave may be taken for a period agreed between the
employee and Council, having regard to operational requirements. Council must
not unreasonably refuse to agree to a request by the employee to take paid
annual leave.
26.2 Council may
direct an employee to take annual leave by giving at least four weeks’ notice
where the employee has accumulated in excess of ten weeks annual leave.
26.3 Council may
direct an employee to take annual leave during a shut-down period by giving at
least four weeks’ notice prior to the proposed shut-down. The direction to take annual leave is
conditional upon the employee having at least the equivalent amount of annual
leave credited to them as the shut-down period. This clause should be read in
conjunction with the provisions of the Annual Holidays Act 1944 (NSW).
Option to cash out
26.7 An employee may
forgo any accrued annual leave in excess of four (4) weeks, at ordinary pay, that
is accrued in the preceding twelve month period, where:
(a) the employee makes a written application to Council; and
(b) Council
authorises the request.
26.8 Where a request
has been authorised, Council shall:
(a) deduct the equivalent amount of annual leave; and
(b) make payment for annual leave forgone, at the employees
ordinary pay.
27. Annual Leave -
Employees Engaged Prior to 21 December 2015
27.1 Employees accrue
annual leave in a twelve month period as follows,
(a) Salaried
office employees accrue annual leave at the rate of six (6) weeks per annum;
(b) Wages
employees accrue annual leave at the rate of five (5) weeks per annum;
(c) Subject to the
additional leave provisions outlined in sub-clause 27.1(d), aged and community
care employees accrue annual leave at the rate of five (5) weeks per annum.
(d) Aged and
community care employees rostered to work ordinary hours on Sundays and/or
Public Holidays shall be entitled to receive additional annual leave, if
following the qualifying period of employment for annual leave purposes, shifts
have been worked in accordance with the following scale:
3 shifts or less
|
Nil
|
4 - 10 shifts
|
1 day
|
11 - 17 shifts
|
2 days
|
18 - 24 shifts
|
3 days
|
25 - 31 shifts
|
4 days
|
32 or more shifts
|
1 week
|
27.2 Employees in the
sanitary and garbage depot shall be entitled to annual leave on the following
basis:
(a) Five
(5) weeks annual leave;
(b) A further two
weeks in recognition of the time worked on holidays;
(c) A total period
in the aggregate shall not exceed seven (7) weeks in all but this seven (7)
weeks if the employee so desires is to be taken at the one time; and
(d) As to other
time worked on holidays, the employee shall be entitled to be paid for such time
pursuant to the provisions of sub-clause 37.3 of this Award.
28. Annual Leave -
Employees Eengaged On or After 21 December 2015
28.1 The provisions
of this clause apply to those employees engaged on or after 21 December 2015
Amount of leave
28.2 Employees accrue
annual leave in a twelve month period as follows:
(a) salaried office employees accrue annual leave at the rate of
five (5) weeks per annum;
(b) Wages
employees accrue annual leave at the rate of five (5) weeks per annum;
(c) Subject to the
additional leave provisions outlined in subclause 28.2(d) below, aged and
community care employees accrue annual leave at the rate of five (5) weeks per
annum;
(d) Aged and
community care employees rostered to work ordinary hours on Sundays and/or
public holidays shall be entitled to receive additional annual leave, if
following the qualifying period of employment for annual leave purposes, shifts
have been worked in accordance with the following scale:
3 shifts or less
|
Nil
|
4 - 10 shifts
|
1 day
|
11 - 17 shifts
|
2 days
|
18 - 24 shifts
|
3 days
|
25 - 31 shifts
|
4 days
|
32 or more shifts
|
1 week
|
28.3 Employees in the
sanitary and garbage depot shall be entitled to annual leave on the following
basis:
(a) Five
(5) weeks annual leave;
(b) A further two
weeks in recognition of the time worked on holidays;
(c) A total period
in the aggregate shall not exceed seven (7) weeks in all but this seven (7)
weeks if the employee so desires is to be taken at the one time; and
(d) As to other
time worked on holidays, the employee shall be entitled to be paid for such
time pursuant to the provisions of sub-clause 37.3 of this Award.
29. Long Service
Leave
29.1 An employee of
council, other than aged and community care employees, shall be entitled to
Long Service Leave at ordinary pay as follows: -
Length of Service
|
Entitlement
|
After 5 years' service
|
6.5 weeks
|
After 10 years' service
|
13 weeks
|
After 15 years' service
|
19.5 weeks
|
After 20 years' service
|
30.5 weeks
|
For every completed period of 5 years' service
thereafter
|
11 weeks
|
29.2 In relation to
aged and community care employees long service leave shall from the first pay
period commencing on or after 16 March 2010 accrue in accordance with the table
at sub-clause 29.1.
29.3 Where an
employee has completed more than five years’ service with Council and is
terminated for any cause, long service leave shall be deemed to have accrued
for the employee's total length of service and an amount equivalent to such long
service leave, less such leave already taken, computed in monthly periods and
equivalent to 1.3 weeks for each year of service up to 15 years and 2.2 weeks
for each year of service from 15 years onwards.
29.4
(a) An employee
who is entitled to long service leave may, with the consent of the council,
take long service leave:
(1) on full pay; or
(2) on half pay; or
(3) on double pay.
(b) When an
employee takes long service leave, the leave entitlement will be deducted on
the following basis:
(1) a period of leave on full pay - the number of days so taken;
or
(2) a period of leave on half pay - half the number of days so
taken; or
(3) a period of leave on double pay - twice the number of days
so taken.
(c) When an
employee takes long service leave, the period of service for the purpose of
leave accruals shall be as follows:
(1) a period of leave on full pay - the number of days so taken;
or
(2) a period of leave on half pay - half the number of days so
taken; or
(3) a period of leave on double pay - the number of days so
taken.
(d) Employees that
take long service leave at half pay or double pay shall not be disadvantaged
nor obtain a windfall gain in relation to superannuation contributions.
29.5 Employees who
were in the Council’s employ as at 1st January, 1964 and who had at that date
completed less than fifteen (15) years’ service:
(a) For the period
between 1st January 1964 and the date on which they completed or will complete
a total of 15 years’ service in all, their long service leave will be
calculated on the basis of 13 weeks’ long service leave for ten (10) years’
service;
(b) Thereafter
long service leave is to be calculated on the basis of 22 weeks’ for ten years’
service.
29.6 Long service leave
shall be taken at a time mutually convenient to Council and the employee in
minimum periods of one week provided that all long service leave accruing on or
after the first pay period commencing on or after 16 March 2010 shall be taken
within five years of it falling due.
29.7 Payment to an
employee proceeding on long service leave shall be made by Council at the
employee’s ordinary pay for the period of long service leave either before the
commencement of the employee’s long service leave, or by agreement through the
usual pay periods.
29.8 An employee who
has become entitled to a period of leave and the employee's employment is
terminated by resignation, death or dismissal for any cause shall be deemed to
have entered upon leave at the date of termination of the employment and shall
be entitled to payment accordingly.
29.9 There shall be
deducted in the calculation of the employee's service all leave of absence
without payment not specifically acknowledged and accepted by Council as
service at the time leave was taken.
29.10 Long service leave
shall be exclusive of annual leave and any other holidays as prescribed by this
Award, occurring during the taking of any period of long service leave.
29.11 When the service
of an employee is terminated by death the council shall pay to the employee's
estate the monetary equivalent of any untaken long service leave standing to
the employee's credit at the time of the employee's decease.
29.12 Where an
employee's service is terminated through shortage of work, material or finance
or through illness certified by a duly qualified medical practitioner and such
employee is re-employed by Broken Hill City Council within 12 months of
termination of service, prior service shall be counted for the purpose of this
clause.
29.13 In calculating the
entitlement to long service leave; this Agreement must be read in conjunction
with Regulation 406A of the Local Government (General) Regulation 2005 as
amended.
29.14 In special
circumstances Council may dispense with the requirements of sub-clause 29.5 and
allow periods of less than one (1) week.
30. Sick Leave
30.1 An employee is
entitled to three (3) weeks’ paid sick leave for each year of service, ay the
ordinary rate of pay. Sick leave is cumulative in that it shall accumulate from
year to year and may be taken in any subsequent year.
30.2 As of the first
pay period commencing on or after 16 March 2010, aged and community care
employees will begin to accrue three (3) weeks’ sick leave every twelve (12)
months. The entitlement to sick leave will continue to be credited on the
anniversary date of commencement of each employee.
30.3 Employees who
are absent from work due to a personal illness/injury shall have access to sick
leave with pay subject to the following:
(i) An employee
shall notify their immediate supervisor by way of telephone call, within one
(1) hour, where possible, of the employee’s usual start time, of the employee’s
inability to attend on account of personal illness/injury. The employee shall
provide the supervisor with the estimated duration of the absence.
(ii) An employee
will be required to provide a medical certificate or statutory declaration of
the illness/injury where the period of absence is for more than three (3) consecutive
working days and/or where Council identifies that there is a pattern of absence
and/or where Council has reason to believe that the employee’s absence is not
consistent with the appropriate use of personal leave.
30.4 Employees who
are absent from work due to personal illness/injury and who submit a medical
certificate to that effect, shall be entitled to all benefits of this Award
until their accumulated sick leave is exhausted. For a period of three months
after that they shall be entitled to payment of any public holidays which fall
due but after the elapse of such period of three months they shall cease to be
entitled to any benefits under this Award until they return to work.
30.5 All
employees, other than aged care and community care employees, who have accrued
untaken sick leave at the time of retirement or termination of employment
shall be paid for such accrued leave, such payment to be calculated at the wage
rate applicable at the date of retirement or on termination of employment in accordance
with the following:
(a) One half (1/2)
of sick leave accrued between 1 January 1960 and 19 March 1973;
(b) Three quarters
(3/4) of sick leave accrued between 20 March 1973 and 31 March 1980;
(c) The whole of
sick leave accrued between 1 April 1980 and 31 January 1985; and
(d) The whole of
two (2) of the three (3) weeks per annum of the sick leave accrued from 1
February 1985 up until 31 March 1994.
The benefits accruing from this subsection shall be
applied to persons employed on a full-time basis by Council as at 31 March 1994
but not to persons employed subsequent to that date.
30.6
(a) Any employee
who becomes sick or is injured whilst on annual leave and produces within a reasonable time, no later than the
conclusion of the annual leave, a doctor’s certificate which satisfactorily
indicates to Council that the employee was unable to derive benefit from their
annual leave, may be granted, at a time convenient to Council, additional leave
equivalent to the period of sickness or injury.
(b) The
re-crediting of annual leave will only apply in cases where the period which
Council is satisfied that the employee was unable to derive benefit from the
annual leave was at least seven (7) consecutive days.
31. Carer’s Leave
31.1 Use of Sick Leave:
an employee, other than a casual employee, with responsibilities in relation to
a class of person set out in sub-clause 31.6 below who needs the employee's
care and support shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for at clause 30 of
this Award, for absences to provide care and support for such persons when they
are ill, or who require care due to an unexpected emergency. Such leave may be
taken for part of a single day.
31.2 Carer’s leave is
not intended to be used for long term, ongoing care. In such cases, the
employee is obligated to investigate appropriate care arrangements where these
are reasonably available.
31.3 Where more than ten
days sick leave in any year is to be used for caring purposes the council and
employee shall discuss appropriate arrangements which, as far as practicable,
take account of Council’s and the employee’s requirements.
31.4 Where the
parties are unable to reach agreement the grievance and disputes procedures at
clause 44 of this Award should be followed.
31.5 The employee
shall, if required,
(a) 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
and support by another person; or
(b) establish by production of documentation acceptable to the
council 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, an employee must not take
carer's leave under this subclause where another person has taken leave to care
for the same person.
31.6 The entitlement
to use sick leave in accordance with this subclause is subject to:
(a) the employee being responsible for the care of the person
concerned; and
(b) the person concerned being:
(1) a spouse of the employee; or
(2) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person, or
(3) a child or an adult child (including an adopted child, a
step child, foster child or an ex nuptial child), parent (including a foster
parent, step parent and legal guardian), parents of spouse, grandparent,
grandchild or sibling (including half, foster and step sibling) of the employee
or spouse or de facto spouse of the employee; or
(4) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(5) a relative of the employee who is a member of the same
household, where for the purposes of this paragraph:
(a) 'relative' means a person related by blood, marriage or
affinity;
(b) 'affinity' means a relationship that one spouse because of
marriage has to blood relatives of the other; and
(c) 'household' means a family group living in the same domestic
dwelling.
31.7 An employee may
elect, with the consent of Council, to take unpaid leave for the purpose of
providing care and support to a class of person set out in sub-clause 31.6(b)
above who is ill or who requires care due to an unexpected emergency.
31.8 An employee
shall, wherever practicable, give Council 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 employee’s
supervisor by telephone of such absence at the first opportunity on the day of
absence.
31.9 Carer’s
Entitlement for Casual Employees
(a) Subject to the
evidentiary and notice requirements in sub-clauses 31.5 and 31.8 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 sub-clause 31.6(b) of this clause
who are sick and require care and support, or who require care due to an
unexpected emergency, or the birth of a child.
(b) Council and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) Council must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of Council to engage or
not to engage a casual employee are otherwise not affected.
31.10 Time off in Lieu
of Payment for Overtime: An employee may, with the consent of Council, elect to
take time in lieu of payment of overtime accumulated in accordance with the
provisions of clause14 of this Award for the purpose of providing care and
support for a person in accordance with sub-clause 31.6 above.
31.11 Make-up time: An
employee may elect, with the consent of Council, to work 'make-up time', under
which the employee takes time off during ordinary hours, and works those hours
at a later time, within the spread of ordinary hours provided in this Award, at
the ordinary rate of pay for the purpose of providing care and support for a
person in accordance with sub-clause 31.6 above.
31.12 Annual Leave and
Leave Without Pay: An employee may elect with the
consent of Council to take annual leave or leave without pay for the purpose of
providing care and support for a person in accordance with sub-clause 31.6
above. Such leave shall be taken in accordance with clauses 27, 28 and 29, Annual Leave and clause 36 Leave Without Pay of this
Award.
32. Bereavement
Leave
32.1 Where an
employee is absent from duty because of the death of a person in accordance
with paragraphs (a)-(e) below and provides satisfactory evidence to Council of
such, the employee shall be granted two days leave with pay upon application.
Persons in respect of whom bereavement leave may be claimed shall include:
(a) a spouse of the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an adult child (including an adopted child, a
step child, foster child or an ex nuptial child), parent (including a foster
parent, step parent and legal guardian), parents of spouse, grandparent,
grandchild or sibling (including half, foster and step sibling) of the employee
or spouse or de facto spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same
household, where for the purposes of this paragraph:
(1) 'relative' means a person related by blood, marriage or
affinity;
(2) 'affinity' means a relationship that one spouse because of
marriage has to blood relatives of the other; and
(3) 'household' means a family group living in the same domestic
dwelling.
32.2 Bereavement
Entitlements for Casual Employees
(a) Casual
employees who are rostered to work shall provide satisfactory evidence to
Council that they are unavailable to attend work as a result of the death in
Australia of a person prescribed in subclause 32.1 paragraphs (a)-(e) above.
(b) Council and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. The
casual employee is not entitled to any payment for the period of
non-attendance.
(c) Council must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of Council to engage or
not engage a casual employee are otherwise not affected.
32.3 Representation
at Funeral
(a) Council shall
permit two employees selected by the Union of which the deceased was a member
to attend an employee’s funeral and the two employees shall be entitled to
receive payment for reasonable time lost in attending the funeral.
32.4 Employees on a
period of annual leave, who would have otherwise qualified for bereavement leave
prescribed by this Award, shall be paid bereavement leave in accordance with
Clause 32of this Award and have up to a maximum of two days annual leave
re-credited to their accruals.
32.5 In the event
that an employee finds it necessary to travel a distance exceeding 200
kilometres from Broken Hill to attend the funeral of person prescribed in
subclause 32.1 paragraphs (a)-(e) above, then the two days paid leave provided
by sub-clause 32.1 shall be increased to three days.
32.6 Upon receipt of
an application by an employee to attend the funeral of a person who is not a
person prescribed in sub-clause 32.1 paragraphs (a)-(e) above, Council shall
grant two (2) hours leave without pay to the employee to attend the funeral,
provided that the leave granted shall commence and terminate at the site of the
job upon which the employee is employed.
33. Parental Leave
33.1 General
Relationship with federal legislation - Clauses 33.1,
33.2, 33.3, and 33.5 of this award shall apply in addition to:
(a) Chapter 2,
Part 2-2, Division 5 - ‘Parental leave and related entitlements’ of the
National Employment Standard (NES) under the Fair Work Act 2009 (Cth); and
(b) the Paid Parental Leave Act 2010 (Cth).
Note:
Division 5 of the Fair Work Act 2009 (Cth) relates to:
unpaid
parental leave, including unpaid adoption leave
unpaid
special maternity leave
transfer to a
safe job and no safe job leave
|
Requests for Flexible Working Arrangements
Chapter 2, Part 2-2, Division 4, Requests for Flexible Working
Arrangements of the Fair Work Act 2009, shall apply.
33.2 Paid Parental
Leave
(a) Definitions -
in this clause:
(i) PPL
instalments shall mean instalments paid during the paid parental leave period
under the Paid Parental Leave Act 2010 (Cth).
(ii) parental leave make-up pay shall mean the employee’s
ordinary pay, inclusive of PPL instalments. Where an employee works a varying
number of ordinary hours for 6 months or more in the aggregate in the 12 month
period immediately preceding leave associated with the birth of a child, the
employee’s ordinary hours shall be deemed to be the average weekly number of
ordinary hours worked during the 12 month period.
(b) Eligibility
This clause shall apply to an employee who is receiving
PPL instalments as a primary or secondary claimant under the Paid Parental
Leave Act 2010 (Cth), and who has had 12 months continuous service with the
Council immediately prior to the commencement of paid parental leave.
(c) Entitlement to
parental leave make-up pay
(i) An employee
shall be entitled to parental leave make-up pay for the period that they are
receiving PPL instalments, up to a maximum of 18 weeks.
(ii) Parental
leave make-up pay shall be counted as service for the purposes of long service,
annual and sick leave accruals and superannuation. Superannuation is calculated
on the employee’s ordinary rate of pay.
(iii) Re-qualification
period - An employee shall not be entitled to a further period of parental
leave make up pay unless the employee has returned to work for the council for
at least 3 months since their previous period of parental leave.
(d) Employee’s
right to choose
(i) An employee
who satisfies the eligibility criteria for paid maternity leave or paid special
maternity leave under clause 33 of this Award may elect to receive paid
maternity leave and /or paid special maternity leave in accordance with the
provisions of this Award
in lieu of the entitlement to parental leave make-up pay under
this award, provided the re-qualification period in subclause (iii) above shall
apply.
(ii) This
subclause shall not apply where another employee of council receives parental
leave make-up pay in connection with the pregnancy or birth of the child.
33.4 Concurrent
Parental Leave
An employee, who is a supporting parent shall be
entitled to up to 10 days paid concurrent parental leave from their accrued
sick leave balance at the time their partner gives birth to a child or at the
time the employee adopts a child provided that the employee has had 12 months
continuous service with council immediately prior to the commencement of their
concurrent parental leave.
33.5 Adoption Leave
(a) Eligibility
This clause applies to an employee who is entitled to
adoption-related leave under the Fair Work Act 2009 (Cth).
(b) Pre-adoption
Leave
(i) An employee,
other than a casual, who is entitled to unpaid pre-adoption leave under the
Fair Work Act 2009 (Cth) is entitled to up to 2 days
paid pre-adoption leave at ordinary pay for the period of such leave.
(ii) An employee
who is entitled to a period of paid pre‑adoption leave is entitled to
take the leave as:
(1) single continuous period of up to 2 days; or
(2) any separate periods to which the employee and council
agree.
(c) Adoption Leave
(i) An employee,
other than a casual, who has or will have primary responsibility for the care
of an adopted child is entitled to up to 4 weeks paid
adoption leave at ordinary pay from the date the child is placed with the
employee for adoption.
(ii) Paid adoption
leave must not extend beyond 4 weeks of the date of placement of the child.
(iii) This
subclause shall not apply where an employee of council receives parental leave
make-up pay in connection with the adoption of the child.
33.6 Casual
Re-engagement
(a) Council must
not fail to re-engage a regular casual employee as defined in section 53(2) of
the Industrial Relations Act 1996 (NSW) because:
(i) the employee or employee's spouse is pregnant; or
(ii) the employee is or has been immediately absent on parental
leave.
(b) The rights of
Council in relation to engagement and re-engagement of casual employees are not
affected, other than in accordance with this sub-clause.
34. Paid Maternity
Leave
34.1 This clause
applies to all full time and part time female employees who have had 12 months
continuous service with council immediately prior to the commencement of
maternity leave or special maternity leave and to female casual employees who
have worked on a regular and systematic basis with council for at least 12
months prior to the commencement of maternity leave or special maternity leave.
34.2 Paid maternity
leave shall mean leave taken by a female employee in connection with the
pregnancy or the birth of a child of the employee. Paid maternity leave
consists of an unbroken period of leave.
34.3 Paid special
maternity leave shall mean leave taken by an employee where the pregnancy of
the employee terminates before the expected date of birth (other than by the
birth of a living child), or where she suffers illness related to her
pregnancy, and she is not then on paid maternity leave; provided that a medical
practitioner certifies such leave to be necessary before her return to work.
34.4 An employee
shall be entitled to a total of 9 weeks paid maternity leave or special
maternity leave on full pay; or 18 weeks maternity leave or special maternity
leave on half pay; or maternity leave or special maternity leave on a
combination of full pay or half pay provided the leave does not exceed the
equivalent of 9 weeks on full pay.
34.5 The employee may
choose to commence paid maternity leave before the expected date of the birth.
34.6 Annual leave,
long service leave, unpaid maternity leave and any accumulated time in lieu may
be taken in conjunction with paid maternity leave and special maternity leave,
subject to council approval, provided that the total period of leave does not
exceed 104 weeks.
34.7 Employees may
take periods of annual leave and long service leave during unpaid maternity
leave at half pay, provided the total period of all leave does not exceed 104
weeks.
34.8 The period of
paid maternity leave and special maternity leave is taken into account in
calculating the employee's long service, annual and sick leave accruals.
34.9 Where an
employee has completed ten years continuous service, the period of unpaid
maternity or adoption leave shall count as service for long service leave
purposes, provided that the unpaid maternity or adoption leave does not exceed
six months. For
employees with less than ten years continuous service periods of unpaid
maternity or adoption leave do not count as service for long service leave
purposes.
34.10 Paid maternity
leave may not be extended beyond the first anniversary of the child's birth.
34.11 Payment for
maternity leave and special maternity leave is at the ordinary rate applicable
prior to the commencement of the leave period.
Employees working as permanent part time employees will be paid at their
ordinary part time rate of pay calculated on the regular number of hours
worked. A casual employee's rate of pay
will be calculated by averaging the employee's weekly wage in the 12 months
immediately prior to the employee commencing paid maternity leave or special
maternity leave.
34.12 Paid maternity
leave and paid special maternity leave shall be exclusive of public holidays.
Where a public holiday falls during a period where the employee has taken
either paid maternity leave or annual or long service leave on half pay, the public
holiday shall also be paid at half pay. Further, all entitlements shall accrue
during periods of leave at half pay on a proportionate basis.
34.13 Notice of
intention to take paid maternity leave the employee must:
provide council with
certification of the expected date of confinement at least 10 weeks before the
child is due. This is known as the first
notice.
advise council in writing of
her intention to take paid maternity leave and the proposed start date at least
4 weeks prior to that date. This is
known as the second notice.
provide a signed statutory
declaration that the employee will be the primary care giver to the child and
that the paid maternity leave will not be taken in conjunction with any partner
accessing paid parental leave entitlements.
34.14 The employee will
not engage in any other form of paid work during the period of paid maternity
leave without the approval of the general manager.
34.15 Subject to an
application by the council and further order of the Industrial Relations
Commission of New South Wales, a council may pay a lesser amount (or no amount)
of maternity leave or special maternity leave than that contained in this
clause where council can demonstrate economic hardship.
34.16 Unpaid adoption
leave
(a) An employee
who qualifies for paid adoption leave pursuant to the provisions of sub-clause
34.15 is entitled to unpaid adoption leave as follows:
(i) where the child is under the age of 12 months - a period of
not more than 12 months from the date of taking custody;
(ii) where the child is over the age of 12 months - a period of
up to 12 months, such period however is to be agreed upon by the employee and
the Council.
35. Leave Without Pay
If an employee has exhausted all available relevant
leave entitlements then approved leave without pay shall be taken at a time
convenient to Council and the employee and shall not be counted as service for
holidays, long service leave, sick leave and annual leave. However, leave
without pay shall not break continuity of service.
36. Flexibility
for Work and Family Responsibilities
36.1 An employee,
other than a casual employee, may request flexible work and leave arrangements
to enable the individual employee to attend to work and family
responsibilities.
36.2 An employee’s
request must be in writing and be forwarded to Council and the Union. In addition the request must outline a period
within which the arrangement is to be reviewed by Council and the Union.
36.3 Council and the
Union shall not unreasonably withhold agreement to flexible work and leave
arrangements, provided Council’s operational needs are met.
36.4 Flexible work
and leave arrangements include but are not limited to:
(a) make up time;
(b) flexi time;
(c) time in lieu;
(d) leave without pay;
(e) annual leave;
(f) part-time work;
(g) job share arrangements, and
(h) variations to ordinary hours and rosters.
(i) purchased additional annual leave arrangements
36.5 The terms of a
flexible work and leave arrangement shall be in writing and may be varied from
time to time, by agreement, to suit the specific needs of either party.
36.6 Any such
agreement shall not apply to new or vacant positions.
37. Public
Holidays
37.1 Employees shall
have holidays without loss of pay on New Years’ Day; Australia Day; Good
Friday; Easter Saturday; Easter Monday; Anzac Day; Queen’s Birthday; Labour
Day; Christmas Day; Boxing Day and Picnic Day (which will be held on Melbourne
Cup day each year).
37.2 In addition to
the days provided for in sub-clause 37.1 above employees who are Aboriginal and
Torres Straight Islanders shall be entitled to one day during NAIDOC week so
that they can participate in National Aboriginal and Islander Day celebrations.
37.3 Payment for work
that is rostered in advance on a public holiday shall be paid at double time in
addition to ordinary rates
38.4 If a holiday
falls on an employee’s rostered day off under a seven day rotating roster, the
employee shall be paid an additional ordinary day’s pay, or Council may grant a
day’s leave, without loss of pay, at a mutually convenient time.
37.5 Any employee who
is called in to work on a public holiday or on Easter Saturday shall be paid a
minimum of four (4) hours at the rate of double time and a half, exclusive of
payment for the public holiday.
37.6 An employee
attending a Technical College as an approved student on a public holiday,
picnic day or NAIDOC day shall receive a day in lieu.
37.7 Where a holiday
identified in subclause 37.1 falls on a Saturday or Sunday and the State Government
does not gazette another day, the holiday shall be observed on the day it
falls.
38. Trade Union
Training Leave
Council shall agree to release employees to attend an
accredited trade union training course with pay and such agreement shall not be
unreasonably withheld, provided that Council will not be required to pay in
excess of 10 days leave per annum.
39. Trade Union
Conference Leave
An employee of Council who is an accredited delegate to the
Union’s annual conference shall be entitled to paid leave of absence for the
duration of the conference and related travel, provided that should there be
more than one accredited delegate per union, such leave with pay is at the
discretion of Council.
40. Jury Service
Leave
40.1 An employee
required to attend for jury service during the employee's ordinary working
hours shall be reimbursed by the Council an amount equal to the difference
between the amount in respect of the employee's attendance for such jury
service and the amount of wage the employee would have received in respect of
the ordinary time the employee would have worked had the employee not been on
jury service.
40.2 An employee
shall notify the Council as soon as possible of the date upon which the
employee is required to attend for jury service. Further the employee shall
give council proof of attendance, the duration of such attendance and the
amount received in respect of such jury service.
41. Army Reserve
Training
Where an employee as a consequence of a written application
approved by the Council loses time as a result of attending the annual camp of
the Army Reserve the employer shall make up the difference between the payment
receivable from the Department of Defence and their wages.
PART 5
CONSULTATIVE COMMITTEE
42. Consultative
Committee Aim
42.1 The parties to
the award are committed to consultative and participative processes. There
shall be a consultative committee at Council which shall:
(a) provide a forum for consultation between Council and its
employees;
(b) positively co-operate in workplace reform to enhance the
efficiency and productivity of Council and to provide employees with access to
career opportunities and more fulfilling, varied and better paid work.
SIZE AND COMPOSITION
42.2 The size and
composition of the consultative committee shall be representative of Council’s
workforce and agreed to by Council and the local representatives from the
unions.
42.3 The consultative
committee shall include but not be limited to employee representatives of each
of the unions that are parties to the Consent Award and who have members
employed at Council.
42.4 Officers of the
union(s) or Association(s) may attend and provide input to meetings of the
consultative committee, at the invitation of the consultative committee or
their respective members.
SCOPE OF CONSULTATIVE
COMMITTEES
42.5 The functions of
the consultative committee shall include:
(a) award implementation
(b) training
(c) consultation with regard to organisation restructure
(d) job redesign
(e) salary systems
(f) communication and education mechanisms
(g) performance management systems
(h) changes to variable working hours arrangements for new or
vacant positions
(i) local government reform.
42.6 The consultative
committee shall not consider matters which are being or should be processed in
accordance with clause 36 of the Award, Dispute Resolution Procedure.
MEETINGS AND SUPPORT SERVICES
42.7 The consultative
committee will make recommendations based upon consensus. Where there is no
consensus on a particular item, the recommendation to council should note the
dissenting views.
42.8 The consultative
committee shall meet as required.
PART 6
DISPUTE RESOLUTION
43. Dispute
Resolution Procedure
43.1 At any stage of
the procedure, the employee(s) may be represented by their union or its local
representative/delegate and the Council represented by the Association.
43.2 The union
delegate shall have reasonable time, without loss of pay, to discuss a
grievance or dispute with management at the local level where prior approval is
sought. Such approval shall not be unreasonably withheld.
43.3 A grievance or
dispute shall be dealt with as follows:
(a) The employee(s)
shall notify the supervisor, or other authorised officers of any grievance or
dispute and the remedy sought, in writing.
(b) A meeting
shall be held between the employee(s) and the supervisor to discuss the
grievance or dispute and the remedy sought within two working days of
notification.
(c) If the matter
remains unresolved, the employee(s) may request the matter be referred to the
head of the department or other authorised officer for discussion. A further
meeting between all parties shall be held as soon as practicable.
(d) If the matter
remains unresolved the general manager shall provide the employee(s) with a
written response. The response shall include the reasons for not implementing
any proposed remedy.
(e) Where the
matter remains unresolved, it may be referred to the employee's union or
representative and by the general manger or other authorised officer to the
Association for further discussion between the parties.
(f) If a dispute
arises steps shall be taken immediately to arrange a conference between Council
and the Union or Unions concerned and the Barrier Industrial Council if
necessary. No further action on the
matter shall be taken until the conference has been held and at least two ordinary
working days have elapsed subsequent to the holding of such a conference.
43.4 The Industrial
Registrar may be advised of the existence of a dispute at any stage of this
procedure.
43.5 During this
procedure and while the matter is in the course of negotiation, conciliation
and/or arbitration, the work practices existing prior to the dispute shall as
far as practicable proceed as normal.
PART 7
TERMINATION OF EMPLOYMENT AND REDUNDANCY
44. Termination of
Employment
44.1 An employee
shall give two (2) weeks’ notice of intention to terminate employment, or a
shorter period of notice agreed in special circumstances.
44.2 Council shall
give a period of notice of intention to terminate employment in accordance with
the following scale or by payment in lieu thereof:
Length of service
|
Period of
notice
|
Less than 2 years
|
2 weeks
|
2 years and less than 3 years
|
3 weeks
|
3 years and less than 5 years
|
4 weeks
|
5 years and beyond
|
5 weeks
|
44.3 The period of notice
in the table in sub-clause 37.2 must be increased by one (1) week if the
employee is over forty five (45) years old and has completed at least two (2)
years of continuous service with Council.
44.4 In cases of
serious misconduct, Council may summarily dismiss an employee following a
proper investigation and provided the employee is afforded procedural
fairness. Where an employee is summarily
dismissed clauses 44.1 and 45.16 shall not apply.
44.5 Nothing in clause
44.1 prevents the Council and employee from agreeing to a lesser period of
notice.
44.6 Except where
otherwise provided, the above requirements do not apply when Clause 47
Redundancy applies.
45. Redundancy -
General Application, Process and Consultation
45.1 It is agreed
that the inclusion of this clause in the Award does nothing whatsoever to vary
or influence the understanding that the strongest endeavours of the Council and
the relevant union(s) and the employees affected will be directed to ensuring
that all employees are placed in alternative permanent employment and that the
implementation of this clause shall not in any manner be used to influence or
encourage any employee to terminate employment before every practical effort
has been made by all parties to have an employee who may otherwise be deemed
redundant placed in an alternative job.
45.2 Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequent of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees or employees engaged for a specific period of time, or
for a specific task or tasks, or where employment is terminated due to the
ordinary and customary turnover of labour.
45.3 Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one years’ continuous service and the general
obligation on Council shall be not more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
45.4 Where Council
has made a definite decision to introduce changes in production, program,
organisation structure or technology that are likely to have significant
effects on employees, Council shall notify the employees who may be affected by
the proposed changes and the union to which they belong.
45.5 Council’s duty
to discuss change:
(i) Council shall
discuss with the employees affected and the union to which they belong, inter
alia, the introduction of the changes, the effects the changes are likely to
have on employees and measures to avert or mitigate the adverse effects of such
changes on employees, and shall give prompt consideration to matters raised by
the employees and/or the union(s) in relation to the changes.
(ii) The
discussion shall commence as early as practicable after a decision has been
made by the employer to make the changes.
(iii) For the
purpose of such discussions, Council shall provide to the employees concerned
and the union to which they belong, all relevant information about the changes
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees, provided
that Council shall not be required to disclose confidential information, the
disclosure of which would adversely affect Council.
45.6 A
"redundant employee" means a person who is employed on a permanent
basis by Council whose services will become redundant on account of the
introduction or proposed introduction by the Council of mechanisation or
technological changes or the reorganisation of the Council’s structure, systems
or methods of operation and when the Council concludes that in co-operation
with the Unions and the employee that it has been unsuccessful in providing
alternative employment.
This definition shall not apply to any person engaged
by the Council on a temporary, casual or short term basis or any person engaged
to work on a special employment projects such as government funded unemployment
relief programmes or the like.
45.7 In every case,
potentially redundant employees shall be retrained to fill permanent position
which are available or about to become available in the Council’s work forces
in any of the Council’s various departments.
45.8 The Council shall
retrain the employee for a reasonable period at all times receiving the earnest
co-operation of the employee in acquiring the new skills intended to be
achieved by the training.
45.9 Whenever
practicable and in accordance with normal practice, the necessary retraining
shall be carried out by the Council in its time and at its expense. If the
Council considers that "in house" training should be supplemented by
training at an outside institution (e.g. the Broken Hill Technical College),
all reasonable costs of such additional training shall be met by the employer.
If the training at the outside institution is available in "out of normal
work hours", the employee shall be required to attend that training in
their own time without additional payment of time off in lieu. The costs of
training shall in such circumstances be met by the Council.
45.10 In the event of a
potentially redundant employee transferring to new duties for which there is
prescribed a rate of pay higher than that previously paid to them, such rate of
pay shall apply from the date of that employee’s transfer.
45.11 Where an employee
is transferred to lower paid duties as a result of the introduction of changes
in production, program, organisation, structure, or technology, the employee shall
be entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee’s employment had been terminated and Council
may, at its own discretion make payment in lieu thereof, an amount equal to the
difference between the former ordinary time rate of pay, and the new ordinary
time rate for the number of weeks ‘ of notice still owing.
45.12 Shift allowances
shall not be taken into account when comparing the rate of pay for the purposes
of subclauses 45.10 and 45.11
45.13 Having regard to
the intention of all parties that no person shall become redundant, if it is
not possible to retrain a potentially redundant employee to new duties, an
employee shall become redundant and the Council shall give such employee four (4)
weeks’ notice of the termination of their employment.
45.14 Council may
summarily dismiss an employee without notice for neglect of duty or misconduct
in which case wages shall be paid up to the time of dismissal only. The rights
of the Council shall not be prejudiced by the fact that the employee has been
given notice of the termination of their employment pursuant to clause 45.13
In the event of dispute arising over the Council’s
action with regard to summary dismissal, the relevant union shall on submission
of a request to that effect in writing be entitled to seek a meeting with the
Council at the earliest practicable date to discuss the matter.
45.15 This sub-clause
shall apply to redundant employees as defined in sub-clause 46.1 Nothing
contained in this clause shall be construed to mean that the Council shall not
be entitled to dismiss an employee in the ordinary course of its business
without being required to give the notice mentioned in sub-clause 45.13 and 45.14 , or to make the severance payments mentioned in the
relevant sub-clauses 46.3 or 46.3.
45.16 If Council fails
to give any such notice in full:
(a) it shall pay
the employee at the ordinary rate of pay applicable to them for a period equal
to the difference between the full period of notice and the period of notice
actually given; and
(b) the period of notice required by this sub-clause to be given
shall be deemed to be service with the Council for the purpose of calculating
long service leave and annual leave entitlements (but not sick leave).
45.17 Where a decision
has been made to terminate an employee due to redundancy, Council shall provide
the employee with an "Employment Separation Certificate" and a
statement of service. Furthermore, where 15 or more employees are made redundant,
Council will notify Centrelink as soon as possible, giving the relevant
information including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
45.18 Subject to an
application by Council and further order of the Industrial Relations
Commission, Council may pay a lesser amount (or no amount) of severance pay
than that contained in the relevant sub-clause 46.3 or 47.3 The Industrial
Relations Commission shall have regard to such financial and other resources of
Council as the Commission thinks relevant and the probable effect paying the
amount of severance pay in the relevant sub-clause 46.3 or 47.2 will have on
Council.
45.19 Subject to an application
by Council and further order of the Industrial Relations Commission, Council
may pay a lesser amount of severance pay than that contained in the relevant
sub-clause 46.3 or 47.2 if Council obtains acceptable alternative employment
for an employee.
45.20 Whenever a
redundant employee whose services have been terminated shall be re-employed by
the Council, the period of their employment shall thereafter be deemed for all
purposes to have commenced on the date of their re-employment.
45.21 A redundant
employee who is a contributor to the Local Government Superannuation Scheme may
anticipate Council’s assistance in completing documentation for submissions to
the Local Government Superannuation Board.
46. Redundancy -
Employees Engaged Prior to 21 December 2015
46.1 Aged and
community care employees employed by Council prior to 16 March 2010 shall have
their redundancy entitlements as of 16 March 2010 frozen. In this instance a
reference to a redundancy entitlement is a reference to the entitlement that
they employee would have had had the employee’s employment been terminated by
way of a redundancy on 16 March 2010.
46.2 As of 16 March
2010 should the need arise to calculate the redundancy entitlements of aged and
community care employees this will be done by referring to the entitlement
identified at clause 46.3 above that being the entitlement as of 16 March 2010
in addition to any further entitlements accrued from 16 March 2010 to the date
of the proposed termination in accordance with the table at sub-clause 46.3.
46.3 A redundant
employee shall be entitled to severance allowances calculated as follows:
All such redundant employees shall receive a minimum of
six weeks’ pay.
All such redundant employees shall receive an
additional payment at the rate of three (3) weeks’ pay for each completed year
of service, plus a pro-rata payment for each additional completed month of
service. The number of weeks’ pay due to any such redundant employee in respect
of completed years of service shall be:
Completed Year of
Service
|
Scale of Payments
(Weeks)
|
Completed Year of
Service
|
Scale of Payments
(Weeks)
|
1
|
9
|
26
|
84
|
2
|
12
|
27
|
87
|
3
|
15
|
28
|
90
|
4
|
18
|
29
|
93
|
5
|
21
|
30
|
96
|
6
|
24
|
31
|
99
|
7
|
27
|
32
|
102
|
8
|
30
|
33
|
105
|
9
|
33
|
34
|
108
|
10
|
36
|
35
|
111
|
11
|
39
|
36
|
114
|
12
|
42
|
37
|
117
|
13
|
45
|
38
|
120
|
14
|
48
|
39
|
123
|
15
|
51
|
40
|
126
|
16
|
54
|
41
|
129
|
17
|
57
|
42
|
132
|
18
|
60
|
43
|
135
|
19
|
63
|
44
|
138
|
20
|
66
|
45
|
141
|
21
|
69
|
46
|
144
|
22
|
72
|
47
|
147
|
23
|
75
|
48
|
150
|
24
|
78
|
49
|
153
|
25
|
79
|
50
|
156
|
46.4 For the purposes
of this sub-clause "a week’s pay" shall be deemed to be the week’s pay
presently used as the basis for calculation of annual leave entitlements.
46.5 All such
redundant employees shall be paid the value of their accrued sick leave
calculated in accordance with the terms of this Award together with the value
of all payments legally due to them in respect of annual leave and/or long
service leave entitlements.
47. Redundancy -
Employees Engaged on Or After 21 December 2015
47.1 This clause
applies to all employees whose employment commenced with Council on or after 21
December 2015 and whose employment has been terminated due to redundancy.
47.2 In addition to
any required period of notice, and subject to the provisions of clause 45, the
employee shall be entitled to the following severance payments in accordance
with the table. ‘A week’s pay’ shall have the same meaning as in clause 46.4 of
this Award.
Completed Year of
Service
|
Scale of Payments
(Weeks)
|
1
|
9
|
2
|
12
|
3
|
15
|
4
|
18
|
5
|
21
|
6
|
24
|
7
|
27
|
8
|
30
|
9
|
33
|
10
|
36
|
11
|
39
|
12
|
42
|
13
|
45
|
14
|
48
|
15
|
51
|
16
|
54
|
17
|
57
|
18
|
60
|
19
|
63
|
20
|
66
|
21
|
69
|
22
|
72
|
23
|
75
|
24
|
78
|
25
|
79
|
26
|
84
|
27
|
87
|
28
|
90
|
29
|
93
|
30
|
96
|
31
|
99
|
32
|
102
|
33
|
105
|
PART 8
MISCELLANEOUS
48. Work, Health and
Safety
48.1 Council shall
provide a safe place of work and work practices in accordance with the
provisions of the Workplace Health and Safety Act 2011 (NSW).
48.2 Council shall
make appropriate provision for employees with regard to accommodation and
shelter and shall satisfy the provisions of the Workplace Health and Safety Act
2011 (NSW) and Regulations.
48.3 Council shall
supply employees with protective clothing and equipment suitable to the nature of
the work performed and the work environment and that shall satisfy the relevant
legislation. Safety footwear and leather
boot laces shall be replaced by Council on a sharp for blunt basis.
48.4 All new graders,
loaders, backhoes, trucks and rollers shall be fitted with air conditioning
where practicable.
48.5 Vehicles and
plant used in the collection, transportation and disposal of waste, tar
patching, patrol grading or like duties shall be of high visibility and fitted
with a flashing light or a light visible from all points around the vehicle.
48.6 Council shall
provide oil or other suitable solvents to employees for the removal of
creosote, tar, bitumen emulsions or similar preparations.
48.7 Where any acidic
or caustic products are used by employees, adequate facilities shall be
provided to enable them to wash any affected areas and an adequate quantity of
barrier cream shall be provided.
48.8 Employees shall
be supplied cool drinking water throughout the day.
48.9 No employee
shall be required to work alone outside of built-up areas without all available
communications to allow continuous contact in all conditions.
48.10 Where an employee
during the course of work, sustains damage to clothing by fire, molten metal,
tar or any corrosive substances which is not attributable to the employee's
negligence, the employee shall be compensated by Council to an agreed amount.
49. Labour Hire
and Contract Businesses
49.1 For the purposes
of this subclause, the following definitions shall apply:
(a) 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 a
council for the purpose of such staff performing work or services for that
other council.
(b) 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 a council to
provide a specified service or services or to produce a specific outcome or
result for that council which might otherwise have been carried out by that
council’s own employees.
49.2 If Council
engages a labour hire business and/or a contract business to perform work
wholly or partially on Council’s premises then Council shall do the following
(either directly, or through the agency of the labour hire or contract
business):
(a) consult with employees of the labour hire business and/or
contract business regarding the workplace occupational health and safety
consultative arrangements;
(b) 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;
(c) 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
(d) 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.
49.3 Nothing in this
sub-clause of the Award is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work, Health and
Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act
1998.
49.4 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.
49.5 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.
50. Outsourcing
50.1 When considering
contracting out or outsourcing, Council will take into account the following:
(a) Whether there
are insufficient overall resources available to meet the current Council work
commitment and timetable; or
(b) Whether the
failure to complete work in a reasonable time jeopardises the safety of the
public or adversely impacts upon system performance; or
(c) Whether the
use of outsourced or contract work is commercially the most advantageous option
taking into account: the quality, safety, performance, cost and overall
strategic direction of Council.
(d) If after this
process has been conducted a decision to outsource has been made, the
Contractor engaged to perform the work must provide written undertakings to
comply and conform with:
(i) Council’s
safety, environmental and quality standards; and
(ii) all Acts, Awards and Agreements affecting the employees of
the Contractor.
51. Accident Pay
51.1 An employee of
Council shall be entitled to receive accident pay where the employee received an
injury for which compensation is payable to the employee pursuant to the
provisions of the Workers’ Compensation Act 1987 (NSW) and/or any relevant
amendments or relevant successor legislation.
51.2 "Accident
pay" means the difference between the weekly amount of compensation paid
to an employee pursuant to the Workers’ Compensation Act 1987 (NSW) and/or any
relevant amendments or relevant successor legislation.
51.3 Accident pay
under these provisions shall be payable for a maximum period or an aggregate of
periods as per the table below:
Injury Classification
|
Maximum Accident Pay Period
|
Seriously
injured
|
26 weeks
|
All
other injuries
|
13 weeks
|
"Seriously injured" has the same definition as
contained within section 32A of the Workers’ Compensation Act 1987 (NSW) and/or
any relevant amendments or relevant successor legislation.
51.4 In the event
that an employee receives a lump sum in redemption of weekly payments under the
Worker’s Compensation Act 1987 (NSW), the liability of Council to pay accident
pay shall cease from the date of such redemption.
51.5 Where an
employee recovers damages for an injury from Council for from a third
independently of the provisions of the Worker’s Compensation Act 1987 (NSW)
then the employee shall be liable to repay Council the amount of accident pay
which the employee has received under this clause and the liability of the
Council for the accident pay shall cease.
51.6 Nothing in this
clause shall in any way be taken as restricting or removing Council’s right
under the Worker’s Compensation Act 1987 (NSW) to require the employee to
submit themselves to examination by a qualified medical practitioner, provided
and paid for by Council. If the employee
refuses to submit themselves to such an examination or in any way obstructs
such an examination, then the employee’s right to receive or continue to
receive accident pay will be suspended until such an examination has taken
place.
51.7 Where a medical
referee or Board gives a certificate as to the condition of an employee and
their fitness for employment or specifies the kind of employment for which they
are fit and Council duly makes available to the employee the kind of employment
falling within the terms of such a certificate and the employee refuses or
fails to resume or perform the proposed employment, then all payments in
accordance with this Award shall cease and terminate from the date of such
refusal or failure to commence such duties.
51.8 An employee who
sustains an injury at work shall notify their supervisor immediately and
complete the relevant injury notification documentation within 24 hours.
52. Further
Education
52.1 Apprentices and
employees deemed to be approved students undertaking trades courses or
certificate courses, part-time diploma or degree courses (including librarians)
shall be allowed time off to attend during working hours. The entitlement to time off is subject to the
following conditions:
(a) That period
which are allowed shall be limited to eight hours per
week and shall in no case exceed the lesson time needed to undertake the
subjects set down in the syllabus for the course studied.
(b) A time sheet
signed by the lecturer or the instructor covering these attendances shall be
produced by the student.
(c) All courses
and awards required for continuing employment and advancement in career paths
are to be paid for by Council upon successful completion.
52.2 On the
production of a letter from the Principal of the institution concerned stating
that they have satisfactorily completed a year’s work in any subject of an
approved course which is appropriate to their work a clerical employee shall be
refunded the fees paid in respect of that year.
52.3 On the
production of a letter from the Principal of the institution concerned stating
that they have satisfactorily completed a year’s work in any subject of an
approved course which is appropriate to their work, and receipts for text books
prescribed for that year’s work, a clerical employee shall be paid the cost of
the prescribed text books or fifty dollars ($50.00), whichever is the lesser
amount.
52.4 One set of the
current S.A.A. Wiring Rules shall be supplied to all electrical technicians.
52.5 Where, with the
approval of Council, an employee undertakes a TAFE College, College of Advanced
Education or University Course by correspondence and it is necessary in order
to qualify under such course to undergo practical training or examination
outside Broken Hill, the Council shall reimburse travelling expenses incurred
which do not exceed the cost of a first class return rail fare.
PART 9
SAVINGS AND TRANSITIONAL
53. Leave Reserved
and No Further Claims
53.1 Leave is
reserved for the parties to this Award to make application to the Industrial
Relations Commission of New South Wales to amend this Award with provisions
that facilitate:
A seven (7) day spread of hours for all employees;
Sleepovers, 24 hour Care Shifts, and Excursions (including
a seven (7) day spread) for disability support services employees;
Junior Rates of pay for persons less than 21 years of
age.
Camping out provisions and allowance
53.2 Except as
otherwise provided in sub-clause 45.1, it is a term of this Award that the
Union undertakes not to pursue any extra claims, Award or over Award, of a
general nature, for the duration of the Award.
PART 10
SCHEDULES
Schedule 1 - Weekly Rates of Pay and Allowances
Table 1 - Weekly Rates of Pay For
Entry Level
Grade
|
Step
|
FFPP on or after
1/11/2015 (2%)
|
FFPP on or after
1/7/2016 (3%)
|
FFPP on or after
1/7/2017 (3%)
|
FFPP on or after
1/7/2018 (3%)
|
1
|
1
|
$919.41
|
$946.99
|
$975.40
|
$1,004.66
|
|
2
|
$935.98
|
$964.06
|
$992.98
|
$1,022.77
|
|
3
|
$952.99
|
$981.58
|
$1,011.02
|
$1,041.35
|
|
4
|
$970.40
|
$999.51
|
$1,029.49
|
$1,060.38
|
|
|
|
|
|
|
2
|
1
|
$943.02
|
$971.31
|
$1,000.45
|
$1,030.46
|
|
2
|
$960.14
|
$988.94
|
$1,018.61
|
$1,049.17
|
|
3
|
$977.70
|
$1,007.03
|
$1,037.24
|
$1,068.36
|
|
4
|
$995.83
|
$1,025.70
|
$1,056.47
|
$1,088.17
|
|
|
|
|
|
|
3
|
1
|
$966.33
|
$995.32
|
$1,025.18
|
$1,055.93
|
|
2
|
$984.03
|
$1,013.56
|
$1,043.96
|
$1,075.28
|
|
3
|
$1,002.44
|
$1,032.51
|
$1,063.48
|
$1,095.39
|
|
4
|
$1,021.73
|
$1,052.39
|
$1,083.96
|
$1,116.48
|
|
|
|
|
|
|
4
|
1
|
$989.78
|
$1,019.47
|
$1,050.05
|
$1,081.56
|
|
2
|
$1,008.54
|
$1,038.79
|
$1,069.95
|
$1,102.05
|
|
3
|
$1,027.83
|
$1,058.67
|
$1,090.43
|
$1,123.14
|
|
4
|
$1,048.28
|
$1,079.73
|
$1,112.13
|
$1,145.49
|
|
|
|
|
|
|
5
|
1
|
$1,017.25
|
$1,047.76
|
$1,079.20
|
$1,111.57
|
|
2
|
$1,037.04
|
$1,068.16
|
$1,100.20
|
$1,133.21
|
|
3
|
$1,057.88
|
$1,089.62
|
$1,122.31
|
$1,155.98
|
|
4
|
$1,079.65
|
$1,112.04
|
$1,145.40
|
$1,179.76
|
|
|
|
|
|
|
6
|
1
|
$1,045.44
|
$1,076.80
|
$1,109.11
|
$1,142.38
|
|
2
|
$1,066.51
|
$1,098.51
|
$1,131.46
|
$1,165.41
|
|
3
|
$1,088.77
|
$1,121.43
|
$1,155.07
|
$1,189.73
|
|
4
|
$1,111.91
|
$1,145.27
|
$1,179.63
|
$1,215.02
|
|
|
|
|
|
|
7
|
1
|
$1,074.24
|
$1,106.47
|
$1,139.67
|
$1,173.85
|
|
2
|
$1,096.66
|
$1,129.56
|
$1,163.45
|
$1,198.35
|
|
3
|
$1,120.19
|
$1,153.80
|
$1,188.41
|
$1,224.07
|
|
4
|
$1,144.91
|
$1,179.26
|
$1,214.63
|
$1,251.07
|
|
|
|
|
|
|
8
|
1
|
$1,111.11
|
$1,144.44
|
$1,178.77
|
$1,214.14
|
|
2
|
$1,135.37
|
$1,169.43
|
$1,204.52
|
$1,240.65
|
|
3
|
$1,160.76
|
$1,195.58
|
$1,231.45
|
$1,268.39
|
|
4
|
$1,186.95
|
$1,222.56
|
$1,259.24
|
$1,297.02
|
|
|
|
|
|
|
9
|
1
|
$1,149.37
|
$1,183.85
|
$1,219.36
|
$1,255.94
|
|
2
|
$1,175.24
|
$1,210.50
|
$1,246.82
|
$1,284.22
|
|
3
|
$1,201.61
|
$1,237.66
|
$1,274.79
|
$1,313.03
|
|
4
|
$1,228.82
|
$1,265.69
|
$1,303.66
|
$1,342.77
|
|
|
|
|
|
|
10
|
1
|
$1,188.27
|
$1,223.92
|
$1,260.64
|
$1,298.45
|
|
2
|
$1,215.14
|
$1,251.59
|
$1,289.14
|
$1,327.81
|
|
3
|
$1,242.50
|
$1,279.78
|
$1,318.17
|
$1,357.72
|
|
4
|
$1,270.70
|
$1,308.82
|
$1,348.08
|
$1,388.52
|
|
|
|
|
|
|
11
|
1
|
$1,253.21
|
$1,290.81
|
$1,329.53
|
$1,369.42
|
|
2
|
$1,281.58
|
$1,320.03
|
$1,359.63
|
$1,400.42
|
|
3
|
$1,310.73
|
$1,350.05
|
$1,390.55
|
$1,432.27
|
|
4
|
$1,340.59
|
$1,380.80
|
$1,422.23
|
$1,464.89
|
|
|
|
|
|
|
12
|
1
|
$1,318.17
|
$1,357.71
|
$1,398.44
|
$1,440.40
|
|
2
|
$1,348.15
|
$1,388.60
|
$1,430.26
|
$1,473.16
|
|
3
|
$1,378.98
|
$1,420.35
|
$1,462.96
|
$1,506.85
|
|
4
|
$1,410.47
|
$1,452.78
|
$1,496.36
|
$1,541.25
|
|
|
|
|
|
|
13
|
1
|
$1,383.12
|
$1,424.61
|
$1,467.35
|
$1,511.37
|
|
2
|
$1,414.76
|
$1,457.20
|
$1,500.92
|
$1,545.95
|
|
3
|
$1,447.23
|
$1,490.64
|
$1,535.36
|
$1,581.42
|
|
4
|
$1,480.52
|
$1,524.94
|
$1,570.68
|
$1,617.80
|
|
|
|
|
|
|
14
|
1
|
$1,448.05
|
$1,491.49
|
$1,536.24
|
$1,582.33
|
|
2
|
$1,481.37
|
$1,525.81
|
$1,571.58
|
$1,618.73
|
|
3
|
$1,515.48
|
$1,560.94
|
$1,607.77
|
$1,656.00
|
|
4
|
$1,550.43
|
$1,596.94
|
$1,644.85
|
$1,694.20
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
15
|
1
|
$1,513.02
|
$1,558.41
|
$1,605.16
|
$1,653.31
|
|
2
|
$1,547.96
|
$1,594.40
|
$1,642.23
|
$1,691.50
|
|
3
|
$1,583.73
|
$1,631.25
|
$1,680.18
|
$1,730.59
|
|
4
|
$1,620.32
|
$1,668.93
|
$1,719.00
|
$1,770.57
|
|
|
|
|
|
|
16
|
1
|
$1,577.81
|
$1,625.14
|
$1,673.90
|
$1,724.11
|
|
2
|
$1,614.37
|
$1,662.81
|
$1,712.69
|
$1,764.07
|
|
3
|
$1,651.81
|
$1,701.36
|
$1,752.40
|
$1,804.98
|
|
4
|
$1,690.19
|
$1,740.90
|
$1,793.12
|
$1,846.92
|
|
|
|
|
|
|
17
|
1
|
$1,675.21
|
$1,725.46
|
$1,777.23
|
$1,830.54
|
|
2
|
$1,714.12
|
$1,765.54
|
$1,818.51
|
$1,873.07
|
|
3
|
$1,754.19
|
$1,806.81
|
$1,861.02
|
$1,916.85
|
|
4
|
$1,795.07
|
$1,848.92
|
$1,904.39
|
$1,961.52
|
|
|
|
|
|
|
|
2
|
$1,814.03
|
$1,868.45
|
$1,924.50
|
$1,982.24
|
|
3
|
$1,856.52
|
$1,912.22
|
$1,969.58
|
$2,028.67
|
|
4
|
$1,899.91
|
$1,956.91
|
$2,015.62
|
$2,076.09
|
|
|
|
|
|
|
19
|
1
|
$1,870.21
|
$1,926.32
|
$1,984.11
|
$2,043.63
|
|
2
|
$1,914.07
|
$1,971.49
|
$2,030.64
|
$2,091.56
|
|
3
|
$1,958.91
|
$2,017.68
|
$2,078.21
|
$2,140.55
|
|
4
|
$2,005.05
|
$2,065.21
|
$2,127.16
|
$2,190.98
|
|
|
|
|
|
|
20
|
1
|
$1,967.48
|
$2,026.50
|
$2,087.30
|
$2,149.92
|
|
2
|
$2,013.80
|
$2,074.21
|
$2,136.44
|
$2,200.53
|
|
3
|
$2,061.11
|
$2,122.95
|
$2,186.64
|
$2,252.23
|
|
4
|
$2,109.74
|
$2,173.03
|
$2,238.22
|
$2,305.37
|
|
|
|
|
|
|
21
|
1
|
$2,064.90
|
$2,126.85
|
$2,190.65
|
$2,256.37
|
|
2
|
$2,113.53
|
$2,176.94
|
$2,242.25
|
$2,309.51
|
|
3
|
$2,163.49
|
$2,228.40
|
$2,295.25
|
$2,364.11
|
|
4
|
$2,214.76
|
$2,281.20
|
$2,349.64
|
$2,420.12
|
|
|
|
|
|
|
22
|
1
|
$2,162.32
|
$2,227.19
|
$2,294.00
|
$2,362.82
|
|
2
|
$2,213.41
|
$2,279.81
|
$2,348.21
|
$2,418.65
|
|
3
|
$2,265.85
|
$2,333.82
|
$2,403.84
|
$2,475.95
|
|
4
|
$2,319.58
|
$2,389.17
|
$2,460.84
|
$2,534.67
|
|
|
|
|
|
|
23
|
1
|
$2,649.28
|
$2,728.75
|
$2,810.62
|
$2,894.94
|
|
2
|
$2,712.57
|
$2,793.94
|
$2,877.76
|
$2,964.10
|
|
3
|
$2,777.52
|
$2,860.85
|
$2,946.67
|
$3,035.07
|
|
4
|
$2,843.97
|
$2,929.29
|
$3,017.17
|
$3,107.69
|
|
|
|
|
|
|
24
|
1
|
$3,135.91
|
$3,229.99
|
$3,326.89
|
$3,426.69
|
|
2
|
$3,211.40
|
$3,307.74
|
$3,406.97
|
$3,509.18
|
|
3
|
$3,288.70
|
$3,387.37
|
$3,488.99
|
$3,593.66
|
|
4
|
$3,368.00
|
$3,469.04
|
$3,573.11
|
$3,680.30
|
Table 2 - Weekly Rates of Pay For
Apprentices
|
FFPP on or after
1/11/2015
|
FFPP on or after
1/7/2016
|
FFPP on or after
1/7/2017
|
FFPP on or after
1/7/2018
|
Electrical Fitters - Year 1
|
$801.99
|
$826.05
|
$850.83
|
$876.36
|
Year 2/HSC Year 1
|
$903.31
|
$930.41
|
$958.33
|
$987.08
|
Year 3/HSC Year 2
|
$1,004.73
|
$1,034.87
|
$1,065.92
|
$1,097.90
|
Year 4/ HSC Year 3
|
$1,113.98
|
$1,147.40
|
$1,181.82
|
$1,217.27
|
HSC Year 4
|
$1,232.81
|
$1,269.80
|
$1,307.89
|
$1,347.13
|
|
|
|
|
|
Plumbers - Year 1
|
$798.27
|
$822.22
|
$846.89
|
$872.30
|
Year 2/HSC Year 1
|
$898.79
|
$925.76
|
$953.53
|
$982.14
|
Year 3/HSC Year 2
|
$999.21
|
$1,029.18
|
$1,060.06
|
$1,091.86
|
Year 4/ HSC Year 3
|
$1,107.01
|
$1,140.22
|
$1,174.43
|
$1,209.66
|
HSC Year 4
|
$1,224.26
|
$1,260.99
|
$1,298.82
|
$1,337.78
|
|
|
|
|
|
Carpenters - Year 1
|
$798.27
|
$822.22
|
$846.89
|
$872.30
|
Year 2/HSC Year 1
|
$898.79
|
$925.76
|
$953.53
|
$982.14
|
Year 3/HSC Year 2
|
$999.21
|
$1,029.18
|
$1,060.06
|
$1,091.86
|
Year 4/ HSC Year 3
|
$1,107.01
|
$1,140.22
|
$1,174.43
|
$1,209.66
|
HSC Year 4
|
$1,224.26
|
$1,260.99
|
$1,298.82
|
$1,337.78
|
|
|
|
|
|
Motor Mechanics - Year 1
|
$798.76
|
$822.72
|
$847.40
|
$872.82
|
Year 2/HSC Year 1
|
$899.26
|
$926.24
|
$954.03
|
$982.65
|
Year 3/HSC Year 2
|
$999.88
|
$1,029.87
|
$1,060.77
|
$1,092.59
|
Year 4/ HSC Year 3
|
$1,107.74
|
$1,140.97
|
$1,175.20
|
$1,210.46
|
HSC Year 4
|
$1,225.24
|
$1,262.00
|
$1,299.86
|
$1,338.86
|
|
|
|
|
|
Gardeners - Year 1
|
$697.60
|
$718.53
|
$740.08
|
$762.29
|
Year 2/HSC Year 1
|
$781.23
|
$804.66
|
$828.80
|
$853.67
|
Year 3/HSC Year 2
|
$864.84
|
$890.79
|
$917.51
|
$945.04
|
Year 4/ HSC Year 3
|
$948.47
|
$976.93
|
$1,006.23
|
$1,036.42
|
HSC Year 4
|
$1,033.32
|
$1,064.32
|
$1,096.25
|
$1,129.14
|
Table 3 - Traineeship Wage Rates
Traineeship Wage
Rates
|
FFPP on or after
1/11/2015 (2%)
|
FFPP on or after
1/7/2016 (3%)
|
FFPP on or after
1/7/2017 (3%)
|
FFPP on or after
1/7/2018 (3%)
|
Year 1
|
$826.54
|
$851.33
|
$876.87
|
$903.18
|
Year 2
|
$905.77
|
$932.94
|
$960.93
|
$989.76
|
Year 3
|
$955.80
|
$984.48
|
$1,014.01
|
$1,044.43
|
Year 4
|
$989.23
|
$1,018.90
|
$1,049.47
|
$1,080.95
|
Year 5
|
$1,024.22
|
$1,054.95
|
$1,086.60
|
$1,119.20
|
Year 6
|
$1,060.41
|
$1,092.22
|
$1,124.99
|
$1,158.74
|
Year 7
|
$1,098.36
|
$1,131.31
|
$1,165.25
|
$1,200.20
|
Schedule 2 - Allowances
|
ffpp on or
|
ffpp on or
|
ffpp on or
|
Ffpp on or
|
|
after 1/11/15
|
after 1/7/16
|
after 1/7/17
|
after 1/7/18
|
Meal Allowance
(Clause 14.4)
|
$10.92
|
$11.20
|
$11.49
|
$11.79
|
Community Language and Signing work (clause 21.3)
|
$19.99p.w
|
$20.51p.w
|
$21.04p.w
|
$21.59p.w
|
First Aid Allowance (Clause 21.4(c)) p/w
|
$17.51p.w
|
$17.96p.w
|
$18.43p.w
|
$18.91p.w
|
Broken Shift allowance (Clause 14.22) per shift
|
$5.85p.s
|
$6.00p.s
|
$6.16p.s
|
$6.32p.s
|
On call - on ordinary working day (Clause 14.13)
|
$17.22p.d
|
$17.74p.d
|
$18.27p.d
|
$18.82p.d
|
On call - on other days, not ordinary working (Clause
14.14)
|
$34.44 p.d
|
$35.47p.d
|
$36.54p.d
|
$37.63p.d
|
On call - maximum per week (Clause 14.15)
|
$155.00p.w
|
$159.65p.w
|
$164.44p.w
|
$169.37p.w
|
Schedule 3 - Progression Guidelines
The progression rules detailed below have been established
to assist the industry parties to the Broken Hill City Council Consent Award,
regarding the operation of Council Salary Systems. At the local level where significant issues
are identified in relation to the operation of the Salary System the matter
shall be referred to Council’s Consultative Committee for consideration and
where appropriate for recommendation to the General Manager for decision. In
the event that a dispute arises the rules detailed below shall be used by the
industry parties to assist in the resolution of such disputes.
1. Banding
The appropriate Band for each position shall be
determined by reference to the Qualifications and Experience descriptor as
provided by Clause 12 Rates of Pay and Related Matters and clause 13 Skill
Descriptors of the Broken Hill City Council Award.
2. Levelling and
Grades
The Level and Grade of the position shall be
established through the evaluation of the position using the Council’s endorsed
Job Evaluation System. This evaluation shall occur consistent with the Job
Evaluation Policy as adopted by Council.
Positions shall be re-evaluated in the following
circumstances:
If the position is newly created.
If a significant change has occurred
in the duties and responsibilities of the position, which is confirmed by the
relevant (Director/Officer).
If an evaluation has been conducted
and has resulted in an apparent anomaly.
Where an existing position has been re-evaluated and
where the outcome is a different grade, such re-evaluation shall be referred to
the consultative committee for consideration and the current positions
incumbent shall be advised accordingly.
3. Position
Descriptions
The position description identifies the range of
skills, responsibilities, duties and qualifications in order of priority from
the essential criteria to the most desirable.
These criteria are detailed in each of the skills steps
to facilitate the assessment of skill at the time of the salary review, and to
avoid disputes regarding the movement through the skill steps.
Position descriptions shall not impose artificial
barriers that will prohibit individual salary progression through the full
range of skill steps.
4. Skills
Assessment
Council shall adopt a consistent and objective method
for assessing skills.
An assessment of the skills acquired and used shall be
undertaken on an annual basis and in those cases where the employee has
acquired new skills that would lead to progression under the salary
system.
New employees shall be paid at the Skill Level rate of
pay consistent with the skills they bring to Council. Placement at a Skill Level higher than the
entry level shall occur when the new employee meets the required skills for the
position.
5. Salary Review
Annual salary reviews shall require the Manager of the
position to determine whether the employee has acquired and is using the skills
necessary to progress to the next step, or steps.
In the event that there is a dispute between the employee
and the Manager on the outcome of the skills review the assessment shall be
referred to an appeal panel. In the
event that the employee does not agree with the decision of the appeal panel
the matter shall be referred to the Director.
The employee may have access to the grievance and disputes procedure at
any point of the appeal process.
6. Other matters
relating to the Implementation of the Salary System.
(a) Training
Employees shall be provided with reasonable and
equitable access to the training which will facilitate progression.
(b) Allowances -
(Former Award Allowances Only)
Except where allowances have been incorporated into
rates of pay, award allowances shall be paid in addition to the rates
established within the salary ranges.
(c) Council’s
Budget
Council shall in considering the budget each year
ensure that the skill progression detailed in these rules is properly funded
and that employees shall move through the skill steps based assessment against
the criteria detailed in the position descriptions.
(d) Award
Variations
The Grades and Salary Steps, as contained within the
salary structure of the salary system shall be increased by the same quantum,
and be operative from the same date as variations in the Broken Hill City Council
Award.
(e) Dispute
Procedure
Disputes which arise through the operation of Council’s
Salary System shall be handled consistent with Clause 36, dispute Resolution
Procedures of the Broken Hill City Council Award.
(f) Publication
Copies of the Salary System shall be published by
Council and made available to all employees.
The published document shall contain copies of the current salary
structure and the progression rules.
Each individual shall be provided with a copy of their Position
Description.
P. J. NEWALL,
Commissioner
____________________
Printed by the authority of the Industrial Registrar.