Riverina Water Council Enterprise Award 2016
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Local Government and Shires Association of New South Wales, Industrial Organisation of Employers.
(Case No. 2016/00199627)
|
Before Commissioner Tabbaa
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11 July 2016
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AWARD
Arrangement
1. Title
2. Coverage
and Parties
3. Date and
Period of Operation
4. Objectives
5. Future
Negotiations
6. Enterprise
Agreements
7. Workplace
Arrangements and Consultative Process
8. Workplace
Change and Redundancy
9. Grievance
and Disputes Resolution Procedure
10. Terms of
Employment
11. Disciplinary
and Counselling Procedure
12. Part Time
Employment
13. Term
Contracts
14. Casual
Employees
15. Job Share
Employment
16. Appointments
and Grading
17. Alternative
Duties and Functions
18. Hours of
Work
19. Flexibility
for Work and Family Responsibilities
20. Shift Work
21. Payment
22. Salary
Sacrifice
23. Superannuation
Fund Contributions
24. Overtime
25. Pre-Arranged
Overtime
26. On Call
27. Call Back
28. Meal Time
and Allowances
29. Sick and
Carer's Leave
30. Annual
Leave
31. Long
Service Leave
32. Paid
Maternity Leave
33. Supporting
Parent Leave
34. Family
Violence
35. Phased
Retirement
36. Union
Picnic Day
37. Award
Holidays
38. Jury
Service
39. Bereavement
Leave
40. Trade
Union Leave
41. Leave
Without Pay
42. Travelling
Allowance
43. Certificates
and Licences
44. Private
Motor Vehicle - Allowances
45. Civil
Liability - Engineering Professionals
46. Training
47. Supply of
Residence By Employer
48. Living
Away Allowance
49. Wet
Weather
50. Health and
Safety
51. Tool
Allowance
52. Telephone
53. Expenses
54. Out
Sourcing
55. Classifications
and Rates of Pay
56. Superannuation
- Additional
57. Employee
Loyalty/Attendance Bonus
58. Safety
Bonus
59. No Extra
Claims
60. Breach of
Award
APPENDIX A - Anti Discrimination clause
APPENDIX B - Rate of pay
APPENDIX C - Allowances
APPENDIX D - Targets
1. Title
This document, however so defined or described at law, shall
be known as the Riverina Water Council Enterprise Award 2016 (hereinafter
referred to as the "Award").
2. Coverage
and Parties
This Award shall apply to Riverina Water County Council,
(hereinafter referred to as "Riverina Water") at 91 Hammond Avenue,
Wagga Wagga, New South Wales, and its employees excepting the General Manager
and Senior Executive Staff.
Where the Riverina Water Enterprise Award 2016 is silent the
current Local Government (State) Award 2014 and its successor shall prevail.
The parties to this Award are Riverina Water, the New South
Wales Local Government, Clerical, Administrative, Energy, Airline s &
Utilities Union; the Electrical Trades Union of Australia, New South Wales
Branch; and the Association of Professional Engineers, Scientists and Managers,
Australia.
3. Date
and Period of Operation
This Award shall commence on and from 1 July 2016 and shall
remain in force up until 30 June 2019. This Award may be varied or rescinded:
(i) At any time with
the mutual consent of all parties to the Award;
(ii) At any time
by the Industrial Relations Commission of New South Wales if the Industrial
Relations Commission of New South Wales considers that it is not contrary to
the public interest to do so and that there is a substantial reason to do so;
(iii) At any time
by a court or tribunal in accordance with applicable employment law.
This Award shall cease to have force and effect on 30
June 2019.
This Award shall rescind and replace the Riverina Water
County Council Award 2013, published 9 May 2014 (376 I.G. 264).
4. Objectives
i) The agreed
objectives of this Award are:
a) To continue
co-operation with Riverina Water to aim to achieve its Operational Plan
objectives and strategies and to improve productivity by taking action to
reduce water wastage and ensuring pump power usage efficiency and early
detection and repair methods; ensuring customer relations strategies and level
of service strategies are met by delivering high quality attention and action
in service to customers; taking action to reduce operating and maintenance
costs; being responsible in environmental matters.
b) To continue
development of the highest quality training, career opportunities and work
health and safety programs and policies.
c) To continue
delivery of quality customer service and continuous improvement programs.
Objectives are included in Appendix D of the Award
Recognition of the contributions of all employees to
improvements in productivity, efficiency, and their participation in the
achievement of these objectives.
Provision of terms and conditions of employment in
conjunction with operational policies and procedures.
5. Future
Negotiations
At least three months before the expiry of this Award the
parties are to commence negotiations for a replacement enterprise award.
6. Enterprise
Agreements
The parties to this Award recognise that enterprise
agreements and/or Council agreements may be entered into for alternative
provisions to those in this Award.
7. Workplace
Arrangements and Consultative Process
A. AIM
The parties to the Award are committed to consultative and
participative processes. There shall be a consultative committee at Riverina
Water County Council which shall:
(i) provide a
forum for consultation between council and its employees;
(ii) positively
co-operate in workplace reform to enhance the efficiency and productivity of
the council and to provide employees with access to career opportunities and
more fulfilling, varied and better paid work.
(iii) The term
‘consultation’ is understood as a process of seeking information, seeking
advice, exchanging views and information, and taking the views and information
into consideration before making a decision.
B. SIZE AND COMPOSITION
(i) 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
following unions: the New South Wales Local Government, Clerical,
Administrative, Energy, Airlines and Utilities Union; the Electrical Trades
Union of Australia, New South Wales Branch and the Association of Professional
Engineers, Scientists and Managers, Australia and such agreement shall not be
unreasonably withheld.
(ii) The
consultative committee shall include but not be limited to employee
representatives of each of the unions who have members employed at council.
(iii) Officers of
the union(s) or Local Government NSW may attend and provide input to meetings
of the consultative committee, at the invitation of the consultative committee
or their respective members.
C. SCOPE OF CONSULTATIVE COMMITTEE
(i) 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
(ii) The
consultative committee shall not consider matters which are being or should be
processed in accordance with Award, Clause 11- Disciplinary and Counselling
Procedure.
D. MEETINGS AND SUPPORT SERVICES
(i) 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.
(ii) The
consultative committee shall meet as required.
8. Workplace
Change and Redundancy
(i) Council's
Duty to Notify
(a) Where Council
has made a decision to introduce major changes in production, program,
organisation structure or technology that are likely to have significant
effects on employees, the Council shall notify the employees who may be
affected by the proposed changes and the unions to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the Council's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where the Award makes provision for the
alteration of any of the matters referred to herein an alteration shall be
deemed not to have significant effect.
(ii) Council's
duty to Discuss Change
(a) Council shall
discuss with the employee(s) affected and the union to which they belong, inter
alia, the introduction of the changes referred to in sub-clauses (i)(a) and (b)
of this clause, what affects the changes are likely to have on the employee(s)
and measures to avert or
mitigate the adverse changes on
the employee(s) and shall give prompt
consideration to matters raised by the employee(s) and/or their union in
relation to the changes and may reconsider its original decision.
(b) The discussion
shall commence as early as practicable after a decision has been made by the
Council to make the changes referred to in sub-clause (i) (a) and (b) of this
clause.
(c) For the
purposes of the discussion, the Council shall provide to the employee(s)
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 the employee(s) and any other matters likely to affect the
employee(s).
(iii) Discussion
Before Termination
(a) Where Council
has made a decision that it no longer wishes the job the employee has been
doing done by anyone pursuant to subclause (i)(a) and (b) of this clause and
that decision may lead to the termination of employment, the council shall hold
discussions with the employee directly affected and with the union to which they
belong.
(b) The discussion
shall take place as soon as it is practicable after the council has made a
decision which shall invoke the provision of paragraph (a) of this subclause
and shall cover, inter alia, any reasons for the proposed terminations,
measures to avoid or minimise the terminations and measures to mitigate any
adverse effects of the terminations of the employee(s) concerned.
(c) For the
purposes of the discussion, the Council shall, as soon as practicable, provide
to the employee(s) concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and category of employee(s) likely to be
effected and the number of employee(s) normally employed and the period over
which the terminations are likely to be carried out. Provided that the Council shall not be
required to disclose confidential information the disclosure of which would
adversely affect the Council.
(iv) Notice to
Centrelink
Where a decision has been made to terminate employees,
the Council shall notify Centrelink as soon as possible giving 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.
(v) Notice of
Termination
(a) Four weeks’
notice to terminate or pay in lieu thereof shall be given except in cases where
the employee is 45 years of age or over with 5 years’ service, where 5 weeks’
notice shall be given.
(b) Where an
employee is to be terminated because of the introduction of technology the
employee shall be entitled to the following:
(1) Three (3)
months’ notice of termination; or
(2) Payment in lieu
of the notice in Sub Clause (1) above. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(3) The full notice
period in Sub Clause (1) above shall be deemed to be service with the Council
for the purposes of calculating leave entitlements under this award, regardless
of whether part payment in lieu thereof is provided.
(vi) Severance Pay
(a) This subclause
shall apply where an employee is terminated due to redundancy. A council shall
be exempt from the operation of this subclause where the employee concerned has
been offered, but has refused to accept, an alternative position within the
council's organisation structure of comparable skill and accountability levels
and remuneration no less than the position previously held by the employee.
(b) In addition to
any required period of notice, and subject to Sub Clause (v) of this clause,
the employee shall be entitled to the following:
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Completed Years of
Service with Council
|
Entitlement
|
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Less than 1 year
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Nil
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1 year and less than 2 years
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5 weeks pay
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2 years and less than 3 years
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9 weeks pay
|
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3 years and less than 4 years
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13 weeks pay
|
|
4 years and less than 5 years
|
16 weeks pay
|
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5 years and less than 6 years
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19 weeks pay
|
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6 years and less than 7 years
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22 weeks pay
|
|
7 years and less than 8 years
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25 weeks pay
|
|
8 years and less than 9 years
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28 weeks pay
|
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9 years and less than 10 years
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31 weeks pay
|
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10 years and less than 15 years
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34 weeks pay
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15 years and less than 20 years
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38 weeks pay
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20 years and thereafter
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an additional two
weeks per annum to a
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|
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maximum of 52
weeks.
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(vii) An employee
who resigns during the period of notice is entitled to the same redundancy
payments provided in this clause as if they have remained in the council's
employment until the expiry of the notice period.
(viii) During a
period of notice of termination given by the council, an employee shall be
allowed up to one day off without loss of pay during each week of notice for
the purpose of seeking other employment. Where required by the Council the
employee shall provide proof of attendance at an interview.
(ix) A redundant
employee shall be entitled to the payment of a job search allowance of up to
$2,000 to meet expenses associated with seeking other employment subject to
proof of expenditure or on production of an invoice, and/or other appropriate
documentation. The employee’s entitlement to claim the job search allowance is
limited to a period of up to 12 months from their termination of service with
the council or until the employee secures alternative employment, whichever is
the sooner.
(x) If the
employee agrees to be redeployed by council into a lower paid position, the
employee's existing salary and conditions shall be maintained for a period
equivalent to the amount of notice and redundancy pay that the employee would
be entitled to under this Award. Provided that should the employee resign
during the period of salary maintenance, as provided for by this subclause, the
balance of any notice and redundancy pay that the employee would have been
entitled to for the remainder of the period of salary maintenance shall be paid
on termination.
(xi) The council
shall, upon receipt of a request from an employee to show employment has been
terminated, provided to the employee a written statement specifying the period
of the employee's employment and the classification or the type of work
performed by the employee.
(xii) The council
shall, upon receipt of a request from an employee whose employment has been
terminated, provide to the employee an "Employment Separation
Certificate" in the form required by the Department of Social Security.
(xiii) In the event
that council determines that a position is redundant, council where
practicable, shall firstly offer such redundancy on a voluntary basis.
(xiv) Nothing in this
Award shall be construed so as to require the reduction or alternation of more
advantageous benefits or conditions which an employee may be entitled to under
any existing redundancy arrangement, taken as a whole, between the industry
unions and the councils bound by this award.
(xv) Subject to an
application by the Council and further order of the Industrial Relations
Commission on New South Wales (or such other person or body agreed to by all
parties to the Award), Council may pay a lesser amount (or no amount) of
severance pay than that contained in Sub Clause (vi) above if the council
obtains acceptable alternative employment for an employee.
(xvi) Nothing in this
clause shall restrict an employee with twenty years’ service or more and
council from agreeing to further severance payments.
(xvii) No Forced Redundancy in Event of
Amalgamation / Boundary Change.
(a) This clause shall apply in the event of
a proposal by the Minister and/or decisions to amalgamate, or otherwise merge,
or change the boundary of Riverina Water County Council with other councils
and/or local government authorities.
(b) This clause shall apply from the date of
a proposal by the Minister for amalgamation or boundary change and will
continue until either the Minister declines to recommend a proposal for
amalgamation or boundary change or for a period of three years following the
transfer of employment of an employee to the new council/local government
authority, following a proclamation.
(c) An employee, without the employee’s
agreement, must not be terminated on the grounds of redundancy under this
clause. That is, the protection against
forced redundancy is to take effect from the date of any proposal for
amalgamation or boundary change being made by the Minister and will either end
if the Minister declines to recommend the proposal and no change is made, or
will remain in force for a period of three years following the transfer of an
employee to a new council/ local government authority, following a
proclamation.
9. Grievance
and Disputes Resolution Procedure
(i) The dispute
resolution procedure will be used to deal with all disputes arising out of the
employer-employee relationship.
Step 1: The
grievance or dispute should firstly be discussed between the employee or
employees concerned and the relevant immediate area or unit supervisor.
Step 2: If the
matter is still not settled, the nature of the grievance or dispute and the
remedy sought should be put in writing and submitted to the relevant immediate
area or unit supervisor who shall arrange a conference with senior management
and if requested, the employee/s representative.
Steps 1 and 2 should be completed within five days.
Step 3: If the
matter is still not settled, a conference should be held if requested by the
employee/s, between an Official of their union and Riverina Water’s appointed
representative.
Step 3 should be arranged within five days.
Step 4: If the
matter is still not resolved, Riverina Water and the employee/s may refer the
matter to an agreed mediator for a mediation conference which should be
attended by the employee and if requested their union representative and a
person with appropriate authority from Riverina Water. The costs of the
mediation shall be borne by Riverina Water.
The mediation conference is to not be held in a
legalistic manner and shall be approached by all to bring about an agreed
solution; the mediator will not make decisions or impose a solution on the
parties unless requested to do so, in writing, by both parties.
If a settlement is reached, the terms of settlement
shall be written down and signed by both parties and the mediator before the
mediation conference is terminated and it should be binding on the parties and
enforceable.
Either party may terminate the mediation conference, in
writing at any time.
Step 5: If the
matter is still not settled either party may apply to the Industrial Relations
Commission to enable the matter to be settled by conciliation/arbitration.
(ii) At the
request of the employee/s, their union and Riverina Water may agree in stating
a case for the opinion of the Commission on arising out of the
employer-employee relationship. The parties will use this procedure to resolve
grievances and disputes.
(iii) While a
dispute is being dealt with under the dispute resolution procedure the status
quo is to be maintained; that is the situation that existed immediately prior
to the issue that gave rise to the dispute.
While a dispute is being dealt with under the dispute
resolution procedure work is to continue as normal. The process will not be
accompanied by industrial action.
(iv) This procedure
shall not prevent Riverina Water, or if the employee/s request their union
making direct representations to one another on any matter giving rise to or
likely to give rise to a dispute or grievance.
10. Terms
of Employment
(i) Probationary
Periods
Riverina Water, when offering employment may include a
probationary period of employment of up to three months (with scope for
extension of the probationary period up to a further three months) in the
letter of offer of employment. Where the period of probation is extended, the
employee shall be given the reasons in writing.
(ii) Termination
of Employment
(a) Notice of
Termination
Riverina Water shall give to an employee and an
employee shall give to Riverina Water notice of termination of employment of
not less than four weeks. The period of notice may be reduced by mutual
agreement.
Except where the period of notice is reduced by mutual
agreement, payment or part payment in lieu of the notice shall be made by
Riverina Water if the full notice or part notice is not given. If the employee
fails to give notice or gives incomplete notice, Riverina Water shall withhold
payment in lieu of notice or part notice from any termination payment due to
the employee.
The period of notice shall not apply to dismissal for
conduct justifying instant dismissal, casual employees, or temporary employees
at the end of their period of temporary employment.
(b) Statement of
Employment
Riverina Water shall, on request from an employee
ceasing employment, give the employee a written statement specifying the period
of employment, the employee's classification and the type of work performed by
the employee.
(iii) Time off Work
During the Period of Notice
An employee working during notice of termination shall
be allowed at least one day off with pay to look for work. Time off shall be
convenient to the employee after consultation with Riverina Water. Further time
off may be granted at Riverina Water's discretion.
11. Disciplinary
and Counselling Procedure
A. Employee's Rights
Notwithstanding the procedures below, an employee shall:
(i) Have access
to their personal files and may take notes and / or obtain copies of the contents
of the file.
(ii) Be entitled
to sight, note and / or respond to any information placed on their personal
file which may be regarded as adverse.
(iii) Be entitled
to make application to delete or amend any disciplinary or other record
mentioned on their personal file which the employee believes is incorrect,
out-of-date, incomplete or misleading.
(iv) Be entitled to
request the presence of a union representative and / or the involvement of
their union at any stage. (v) Be
entitled to make application for accrued leave for whole or part of any
suspension during the investigation process.
B. Employer's Rights and Obligations
Notwithstanding the procedures contained below, a council
shall:
(i) Be entitled
to suspend an employee with or without pay during the investigation process
provided that:
(a) Suspension
without pay during an investigation shall be for a period of not more than two
weeks, except where the progress of the investigation is delayed due to the
unavailability of the employee and/or their representative in which case the
period of suspension without pay may be extended for a further period of up to
7 days or such greater period by agreement.
(b) If, after
investigation, the reasons for the suspension are found to be inappropriate,
the employee shall not suffer any loss of pay for the period under suspension.
(c) The
suspension shall not affect the employee's continuity of service for the purposes
of accruing leave entitlements.
(d) Council shall
not unreasonably refuse an application for paid leave under this provision.
(e) By agreement
an employee may be transferred to another position or place of work.
(ii) Properly
conduct and speedily conclude an investigation into the alleged unsatisfactory
work performance or conduct.
(iii) Be entitled
to take other disciplinary action before and / or during the procedures in
cases of misconduct or where the employee's performance warrants such action.
(iv) In appropriate
circumstances be entitled to terminate an employee's services in accordance
with Clause 10(ii) - Termination of Employment.
(v) Be entitled
to request the presence of a union representative at any stage.
C. Procedures
(i) Where an
employee's work performance or conduct is considered unsatisfactory, the
employee shall be informed in the first instance of the nature of the
unsatisfactory performance or conduct and of the required standard to be
achieved, by the employee's immediate supervisor or other appropriate officer
of council.
(ii)
Unsatisfactory work performance or conduct shall include, but not be limited
to, neglect of duties, breach of discipline, absenteeism and non-compliance
with safety standards. A written record shall be kept on the appropriate file
of such initial warning. The employee shall be entitled to sight and sign such
written record and add any notations regarding the contents of such record.
(iii) Where there
is re-occurrence of unsatisfactory work performance or conduct, the employee
shall be warned formally in writing by the appropriate officer of council and
counselled. Counselling should reinforce the standard of work or conduct
expected and, where the employee is failing to meet these required standards, a
suitable review period for monitoring the employee's performance; the severity
of the situation; and whether disciplinary action will follow should the
employee's work performance or conduct not improve. A written record shall be
kept of such formal warning and counselling. The employee shall be entitled to
sight and sign such written record and add any notations regarding the contents
of such record.
(iv) If the
employee's unsatisfactory work performance or conduct continues or resumes
following the formal warning and counselling, the employee shall be given a
final warning in writing giving notice of disciplinary action should the
unsatisfactory work performance or conduct not cease immediately.
(v) If the
employee's work performance or conduct does not improve after the final warning
further disciplinary action may be taken.
(vi) All formal
warnings shall be in writing.
(vii) Delegates
shall be provided reasonable time without loss of pay, to represent members in
disciplinary matters at the local level, provided prior approval is sought.
Such approval shall not be unreasonably withheld.
D. Penalties
After complying with the requirements above, council may:
(i) Demote the
employee to a lower paid position, provided that the employee shall not suffer
a reduction in the rate of pay for 2 weeks from the date of the demotion.
(ii) Suspend an
employee without pay from work for a specified period of time.
(iii) Terminate the
employment of the employee.
12. Part
Time Employment
(i) 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
Clause 18 - Hours of Work of this Award.
(ii) Prior to
commencing part-time work the council and the employee shall agree upon the
conditions under which the work is to be performed 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
(iii) The
conditions may also stipulate the period of part-time employment.
(iv) The conditions
may be varied by consent.
(v) The conditions
or any variation to them must be in writing and retained by the council. A copy
of the conditions and any variations to them must be provided to the employee
by the council.
(vi)
(a) Where it is
proposed to alter a full-time position to become a part-time position such
proposal shall be referred to the consultative committee for information.
(b) In such cases
council and the employee shall agree upon the conditions, if any, of return to
full-time work.
(vii) A part-time
employee may work more than their regular number of hours at their ordinary
hourly rate by agreement. Where an employee is required to work hours outside
their agreed hours, the provisions of Clause 24 - Overtime shall apply.
(viii) 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.
(ix) 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.
(x) A change to
full-time employment from part-time employment or to part-time employment from
full-time employment shall not constitute a break in the continuity of service.
All accrued entitlements shall be calculated in proportion to the hours worked
in each employment arrangement.
13. Term
Contracts
(i) A council may
only employ a person on a term contract of employment in the following
situations:
(a) For the life
of a specific task or project that has a definable work activity, or
(b) To perform the
duties associated with an externally funded position where the length of the
employment depends on the length of the funding, or
(c) To perform the
duties associated with a vacant position until the vacant position is filled on
a permanent basis, provided that the duration is not longer than is reasonably
necessary to undertake recruitment for the vacant position, or
(d) To temporarily
replace an employee that is on approved leave, secondment, workers compensation
or acting in a different position, or
(e) To undertake
training and work as part of an apprenticeship, traineeship or student work
experience program in conjunction with an education institution, or
(f) To trial a new
work area, provided that the duration is not longer than is reasonably
necessary to trial the new work area, or
(g) To perform the
duties associated with a vacant position during the intervening period between
when a council has made a definite decision to introduce major changes in
production, program, organisation structure or technology that are likely to
have significant effects on the employment in the vacant position and the date
that the changes are implemented;
(h) To accommodate
time limitations imposed by law or sought by the employee (e.g. visa
restrictions).
(i) Not to be
paid less than the rate of pay set is the salary system for that position.
(j) Such a term
contract position shall not be used to replace an existing position, except in
the instances identified in sub paragraphs (c),(d) and (g) above.
(k) Any position
that extends beyond 12 months shall be reviewed by the consultative committee.
(ii) Notwithstanding
the above, all term contracts of employment entered into prior to 1 July 2013
may continue until the expiry of their fixed or maximum term.
14. Casual
Employees
(i) A casual
employee shall mean an employee engaged on a day to day basis.
(ii) A casual
employee shall be paid the hourly rate for ordinary hours worked in accordance
with Clause 18 - Hours of Work.
(iii) Casual
employees who work on Saturday and/or Sunday are entitled to penalty rates
prescribed by Clause 24 - Overtime, Subclause (iii). The penalties are
calculated on the ordinary hourly rate.
(iv) Casual
employees who work outside the relevant spread of hours identified at Clause 18
- Hours of Work, Subclause (i) are entitled to a shift penalty. The penalty is
calculated on the ordinary hourly rate.
(v) Subject to
Clause 24(i) and (ii), a casual employee will not be offered to work overtime
in a position held by a permanent employee of council, if such permanent
employee is available to work that overtime. Overtime shall be paid where a
casual employee works outside the ordinary hours for that 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 Clause 18 - Hours of Work.
(vi) In addition to
the amounts prescribed by Subclause (ii) of this clause, a twenty-five percent
loading, calculated on the ordinary hourly rate, shall be paid. This loading
shall not attract any penalty. This loading shall be paid in lieu of all leave
and severance pay, except for paid parental leave prescribed by the Award.
Casual loading is not payable on overtime.
(vii) 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 in such cases there shall be a deduction of the
long service leave accrued whilst the employee was employed as a casual.
(viii) A casual
employee shall not replace an employee of council on a permanent basis.
(ix) Carer’s
entitlements shall be available for casual employees as set out in Subclause
(vi) of Clause 29 - Sick and Carer's Leave, of this Award.
(x) Bereavement
entitlements shall be available for casual employees as set out in Subclause
(ii) of Clause 39 - Bereavement Leave, together as set out in Clause 34 -
Family Violence, of this Award.
15. Job
Share Employment
(i) Job sharing
is a form of part-time employment where more than one employee shares all the
duties and responsibilities of one position.
(ii)
(a) Job sharing shall
be entered into by agreement between the council and the employees concerned.
(b) Such agreement
shall be referred to the consultative committee for information.
(iii) Council and
the job sharers shall agree on the allocation of work between job sharers.
(iv)
(a) The ordinary
hours of work of the position shall be fixed in accordance with Clause18 -
Hours of Work, of this Award.
(b) The job
sharers in conjunction with council shall agree on the hours to be worked. Such
agreement shall specify the regular number of ordinary hours to be worked by
each job sharer.
(v)
(a) In the absence
of a job sharer the remaining job sharer(s) may be required by council to
relieve the absent job sharer provided the remaining job sharer(s) are
reasonably available.
(b) In such cases
the relieving job sharer(s) shall be paid their ordinary rate of pay for the
time relieving.
(vi) A job sharer
may work more than their regular number of hours at their ordinary hourly rate
by agreement. Where an employee is required to work hours outside their agreed
hours the provisions of Clause 24 - Overtime, shall apply.
(vii) Council must
establish appropriate communication mechanisms between the job sharers to
facilitate the handing over of tasks from one job sharer to another.
(a) Job sharers
shall have access to all provisions of this Award including training and
development.
(b) Job sharers
shall receive pro-rata pay and conditions in proportion to the ordinary hours
worked by each job sharer.
(c) An adjustment
to accrued leave entitlements may be required at the conclusion of each service
year based on the proportion of actual hours worked.
(d) A change to
job sharing from full-time or part-time employment or from job sharing to
full-time or part-time employment shall not constitute a break in the
continuity of service. All accrued entitlements shall be calculated in
proportion to the hours worked in each employment arrangement.
(viii) In the event
of a job sharer vacating the position council shall review the position and
shall consider filling the vacancy or offering the remaining job sharer(s)
increased hours.
(ix) The terms of a
job share arrangement or any variation to it must be in writing. A copy of the
arrangement and any variation to it must be provided to the job sharer(s) by
the council.
16. Appointments
and Grading
(i) Appointment
and, promotion shall be subject to:
(a) The
employee's satisfactory performance of duties and functions, and
(b) The employee
undertaking, employer endorsed training relative to the employee's duties and
functions whenever required.
(ii) Riverina
Water shall maintain a job evaluation system to determine the award
classification rate of pay for each position.
The job evaluation system shall be used where the
duties, functions, responsibilities and skill requirements of a position are
altered.
(iii) Promotion to
a classification, a higher grading, accelerated progression, shall be
determined by Riverina Water having regard for the duties, functions,
responsibilities, skill requirements and work value principles.
(iv) An employee
who agrees to work in another position which is equal or lower paid may be
reclassified or regraded to that position. However, the employee's ordinary
rate of pay shall not be reduced for at least four weeks after the commencement
of lower paid work.
(v) Appointment
to positions shall be on the basis of appointing the most meritorious applicant
having regard for the duties and functions of the position and the abilities,
qualifications and experience of the applicants.
(vi) Where an
internal applicant has applied for a new or vacant position and their
application is unsuccessful, the employee may:
(a) Request in
writing the reasons as to why they were not appointed; and
(b) Upon such
request council shall provide the reasons in writing.
17. Alternative
Duties and Functions
(i) Where Riverina
Water requires, an employee shall perform work, duties and functions of or
incidental to any classification for which the employee is competent.
(ii) Equal and
Lower Paid Work
An employee required to perform work of equal or lower
payment shall not be paid less than the employee's usual ordinary rate of pay.
(iii) Higher Paid
Work
Where an employee is required to perform work of a
higher graded position for a nominated period they shall be paid the
appropriate rate of pay for that position determined by the manager considering
skills, experience and competency in accordance with the salary system and
shall not be less than the competent level of the higher graded position.
Filling a higher grade position will be a requirement determined by a manager.
An employee shall not act in a higher position for more
than three months except in case of relieving an employee on leave.
(iv) Higher Pay -
Award Holidays
Where an award holiday or group of award holidays
occurs during a period when an employee is entitled to payment for higher paid
work, the higher payment shall also apply to the holiday or group of holidays.
(v) Higher Pay -
Periods of Leave
An employee shall not be paid higher pay for periods of
leave unless the employee has acted in the position for at least three months.
(vi) Higher Paid
Work - Periods of Training
The provisions of this clause shall not apply to
employees who perform the whole or part of higher paid work for the purpose of
training and the training is in concert with at least one other employee and
does not exceed three months in the aggregate.
(vii) Where a
position has become vacant and is occupied on a temporary basis for more than
three months, it shall be advertised.
18. Hours
of Work
(i) Spread of
Hours
Riverina Water and its employees agree that there are
three fundamental objectives to consider in determining how an employee's
working hours are to be structured under this award:
(a) the most
efficient production and delivery of the service;
(b) the most effective
way of servicing the customer; and
(c) the most
effective way of meeting employees needs for satisfying work, personal
development, health and workplace safety.
The ordinary hours for employees shall be worked
between 6.00 am and 6.00 pm Monday and Friday inclusive and shall not exceed
twelve hours in any one day, exclusive of unpaid meal breaks. The spread of
ordinary hours may be altered by mutual agreement between Riverina Water and
employees.
(ii) Starting and
Finishing Times
The starting and finishing times within the spread of
hours provided by this clause shall be as determined by Riverina Water in
consultation with the employees concerned.
(iii) Ordinary
Hours of Work
(a) The ordinary
hours of work for employees engaged in positions with functions of
Administration, Professional Engineering, Engineering Assistant, Environmental
Officer, Drafting or Finance, shall be
thirty five per week arranged on a weekly basis or the basis of seventy per fortnight,
to be worked on nine weekdays, in any two week cycle, or where Riverina Water
and the unions, in conjunction with the employees concerned, agree, the
ordinary hours of work may be worked to a total of one hundred and forty on
nineteen weekdays in any four week cycle.
An employee who requests to work a thirty five hour,
five day week to facilitate family or personal considerations may, with the
consent of Riverina Water, do so.
(b) The ordinary
hours of work for all other employees not covered in (a) above shall be thirty
eight per week arranged on a weekly basis or the basis of seventy six per
fortnight, to be worked on nine weekdays, in any two week cycle, or where
Riverina Water and the unions, in conjunction with the employees concerned,
agree, the ordinary hours of work may be worked to a total of one hundred and
fifty two on nineteen weekdays in any four week cycle.
An employee who requests to work a thirty eight hour,
five day week to facilitate family or personal considerations may, with the
consent of Riverina Water, do so.
(c) In cases
where an employee's rostered day off falls on an award holiday, the employee
may take the next scheduled working day as a rostered day off or the employee
with the consent of Riverina Water may defer the taking of the day to some
other mutually agreed day.
(d) Employees at
either Riverina Water's request or on their own request and with the approval
of Riverina Water, may defer and accumulate rostered days off to be taken at a
mutually agreed time provided that an employee shall not accumulate more than
five rostered days off at any one time.
(iv) Ordinary Hours
of Work - Shift Workers
Except as otherwise provided, the ordinary hours of
work for shift workers shall be in a roster cycle, the number of weeks in the
cycle multiplied by thirty five or thirty eight as appropriate for the employee
concerned.
(v) Alternative
Arrangements
Alternative arrangements to those in this clause may be
entered into by mutual agreement between an employee or group of employees and
Riverina Water.
(vi) Disturbance
Staff may be contacted outside of normal work hours to
assist with or co-ordinate a response to an emergency and/or breakdown without
being required to attend the emergency and/or breakdown. Staff may be contacted to put into place
emergency arrangements by contacting other staff to attend an incident or
providing advice in response to an emergency situation.
Riverina Water commits to request staff log their
significant phone use, including disturbances, over a period of 3 months,
commencing 1 October 2013.
Based on the findings of this study, Riverina Water
commits to developing a way of remunerating staff that have to respond as
above.
19. Flexibility
for Work and Family Responsibilities
(i) A council and
an employee, other than a casual, may agree on flexible work and leave
arrangements to enable the employee to attend to work and family
responsibilities. A council shall not unreasonably withhold agreement to
flexible work and leave arrangements, provided its operational needs are met.
(ii) 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;
(h) variations to
ordinary hours and rosters;
(i) purchased
additional annual leave arrangements according to Council’s Leave Policy; and
(j) arrangements
to accommodate breastfeeding women.
(iii) 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.
20. Shift
Work
Shift Worker Definition
A shift work is an employee who works on a roster, who over
the roster cycle, works outside the normal spread of hours referred to in
Clause 18(i).
Shift Work
For the purpose of this clause, shift work means any work
which is to be performed in accordance with a shift work roster arranged in the
following ways.
Day Shift - any shift that starts after 6.00am and finishes
before 4pm.
Afternoon Shift - any shift finishing after 4pm but no later
than midnight
Night Shift - any shift finishing before but no later than 6
am
12 hour Shift - any rostered shift with a 12 hour duration
Other than Day Shift each of the above shifts will attract a
30% shift allowance.
Consultation will occur on any proposed change to the shift
roster or proposed increase in staff on a shift roster ahead of any decisions
made in a view of reaching agreement.
(i) Work within
the basic 76 hours in each fortnight shall be paid at ordinary rates, with the
following additional payments:
(a) Additional
full time payment for work performed on Saturdays, Sundays.
(b) Additional
full time payment x two (2) for work performed on an Award Holiday
(ii) Where an
Award holiday or part of it is worked, or coincides with a shift day off, the
holiday shall be paid as an additional day at ordinary time.
(iii) Annual Leave
taken during shift rosters will be paid at ordinary time hourly rate.
(iv) Sick, Careers
and Bereavement leave taken during shift rosters will be paid at ordinary time
hourly rate, plus additional payment and shift allowance if applicable.
(v) Additional
(replacement) shifts worked due to Sick, Careers and Bereavement leave will be
paid at two (2) times ordinary rate Extended leave for Sick, Careers and
Bereavement leave greater than 2 shifts will need to be reviewed on a case by
case basis).
(vi) A shift worker
whose shift or shifts are changed within a roster shall be paid at two (2)
times ordinary rate for the first changed shift. This provision does not apply
where seven (7) days’ notice of change is given.
(vii) If an
additional fifteen (15) minute shift change-over occurs it shall be paid at
double ordinary hourly rate of pay to the employee working the additional 15
minutes. This clause shall apply to the changeover between 12 hour shifts;
otherwise the changeover period may be catered for during other shift
arrangements by commencing the following shift earlier (and finishing earlier).
A 15 minute changeover shall occur, if shifts do not overlap by at least 15
minutes.
(viii) With the
agreement of their supervisor, occasional exchanging of daily shifts between
employees covered by this clause (to meet family commitments, for example) is
allowed.
(ix) Shift Plant
Operators may be required to perform on-call duties, as part of the duties it
may be required that the operator monitors the system on a regular basis. The
on-call operator is also required to respond to any scada alarms received. The
on-call operator will be paid according to the on-call clause contained in this
agreement.
(x) An employee/s
working a 24 hour shift shall continue to be paid phone and electricity
allowance.
(xi) When shift
work is required, it will be organised on the basis of two 7.6 hour shifts or
two twelve (12) hour shifts per day. 7.6
hour shifts will be on a 14 day roster of seventy six (76) hours. Twelve (12)
hour shifts will be on a twenty eight (28) day roster of one hundred and fifty
six (156) hours (including four (4) hours overtime paid at double time).
21. Payment
(i) Pay Cycle:
Employees shall be paid fortnightly or in any other cycle by mutual agreement.
(ii) Direct
Crediting of Pay: Payment shall be by direct crediting of an employee's
nominated bank, building society or credit union account. Employees' pay shall
be credited in nominated accounts no later than the close of business on every
second Thursday occurring in the fortnightly pay cycle.
(iii) In House
Benefit: An employee may elect to receive an in house benefit in the form of a
reduction in water accounts up to the annual maximum amount of fringe benefit
free in house benefit specified under the Fringe Benefit Taxation provisions in
lieu of receiving the equivalent amount in wages under this award.
(iv) Deductions:
Riverina Water shall deduct out of an employee's pay such amounts as the
employee requests, in writing, in respect of contributions or payments for
purposes approved by Riverina Water.
22. Salary
Sacrifice
(i) Council and
an employee may agree to sacrifice a portion of the pre-tax ordinary pay as
prescribed by the award to the value of the benefits as identified in subclause
(ii) of this clause. Such agreement shall not unreasonably be withheld.
(ii) Benefits that
may be salary sacrificed are:
Motor vehicles, supplied by council under a leaseback
arrangement
Superannuation.
(iii) The value of
the benefits shall be agreed between the council and employee and shall include
fringe benefits tax where applicable. The
amount that may
be salary sacrificed
in cases where
council supplies vehicles
under a leaseback arrangement is the amount the
leaseback rate is in excess of the employee's contribution from after tax
salary necessary to negate the fringe benefit liability.
(iv) The benefits
to be salary sacrificed and their value shall be in writing and signed by both
council and the employee.
(v) Except as
otherwise agreed, the employee may request in writing to change the benefits to
be salary sacrificed once per year and the council shall not unreasonably
refuse the request.
(vi) An amount
equal to the difference between the employee's ordinary pay as prescribed by
the award and the value of the benefits received by the employee shall be paid
by the council to the employee.
(vii) The employee
is responsible for seeking appropriate financial advice when entering into any
arrangement under this clause.
(viii) The council
will ensure that the salary sacrifice arrangement complies with taxation and
other relevant laws. The council has the right to vary and/or withdraw from
offering salary sacrifice to employee's with appropriate notice if there is any
alteration to relevant legislation that is detrimental to salary sacrifice
arrangements.
(ix) The value of
the benefits shall be treated as an approved benefit for superannuation
purposes and shall not reduce the employee's superable salary.
(x) Nothing in
this clause shall affect the right of an employer to maintain or enter into
more beneficial arrangements with respect to salary sacrifice for employees.
23. Superannuation
Fund Contributions
Subject to the provisions of the Industrial Relations Act
1996, a council shall make superannuation contributions to the Local Government
Superannuation Scheme and not to any other superannuation fund.
24. Overtime
(i) Requirement
to Work Reasonable Overtime
(a) Subject to
paragraph (b) below, it shall be a condition of employment that employees shall
be available to work reasonable overtime at overtime rates to meet the needs of
Riverina Water.
(b) 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.
(c) For the
purposes of paragraph (b) above, what is unreasonable or otherwise will be
determined having regard to:
Any risk to the employee;
The employee’s personal circumstances including any
family and carer responsibilities; The needs of the workplace;
The notice, if any, given by the employer of the
overtime and by the employee of their intention to refuse it; and
Any other matter.
(ii) Sixteen Hour
working Period
(a) An employee
shall not be permitted to work more that sixteen (16) hours in any twenty four
(24) hour period.
(b) The twenty
four (24) hour period shall be calculated from the commencement time of the
sixteen (16) hours worked.
(iii) Payment for
Working Overtime
An employee directed to perform work in excess of the
usual ordinary working hours or outside the usual working hours, shall be paid
as follows:
(a) For overtime
worked, Monday to Friday, Saturday and Sunday, at double ordinary time rate of
pay until the employee is released from work.
(b) Where, on any
day, an employee works overtime immediately prior to the usual commencing time
and immediately after the usual ceasing time, the total hours of both periods
of overtime shall be taken into account for the purpose of the commencement of
double ordinary time rate of pay.
(iv) Payment for
Work on a Holiday
An employee who works on award holiday shall be paid as
follows:
(a) For any time
worked between the usual commencing and usual ceasing time, at double ordinary
time rate of pay in addition to the employee's ordinary pay for the day.
(b) For any time
worked before or after the usual ordinary hours of work, at double ordinary
time rate of pay plus one half the ordinary time rate of pay until the employee
is released from work.
(v) Time off In
Lieu Of Payment
(a) An employee may
elect, with the consent of Riverina Water, to take time off, in ordinary time,
in lieu of payment for overtime at a time or times mutually agreed. Time off in
lieu shall be on the basis of one hour off for each hour of overtime worked and
shall be taken at a mutually agreed time.
(b) Riverina Water
shall, if requested by an employee, provide payment, at the relevant overtime
rate for any overtime worked which was to be taken as time off in lieu and
which has not been taken within four weeks of accrual.
(vi) Standing By
An employee
directed to stand-by to
work overtime shall be paid
at ordinary time rate
of pay from the time of commencement of the stand-by
until released from the stand-by or until he commences working overtime.
(vii) Transport of
Employees
When an employee, after having worked overtime finishes
work at a time when reasonable means of transport are not available, Riverina
Water shall provide the employee with transport to the employee's home or pay
the employee at the ordinary time rate of payment for reasonable time to travel
home.
(viii) Rest Period
After Overtime
(a) When overtime
work is necessary it shall, wherever reasonably practicable, be arranged that
employees have at least ten consecutive hours off duty between the work of
successive days.
(b) The rest
period after Overtime shall be as per the rest period after Call Out (see
Clause 26(vi))
(c) The above rest
period provisions in (b) above shall not apply where an employee has worked
planned overtime for a period less than two hours immediately before normal
working hours.
(d) Where an
employee is entitled to a rest period and the rest period coincides with an
award holiday or a rostered day off, the employee shall be entitled to defer
starting work by time equivalent on the next ordinary day.
25. Pre-Arranged
Overtime
An employee required to undertake pre-arranged between 11.00
pm and 5.00 am will be paid at a minimum of 2 hours at double time.
26. On
Call
(i) An employee
is on call if Riverina Water requires the employee to be available, outside the
employee's usual ordinary hours, for emergency and/or breakdown work.
(ii) An on call
employee must be able to be contacted and respond to a call out within a
reasonable time.
(iii) An employee
on call shall be paid an on call allowance at the rate set in of this award. The total amount of on call allowance
in any one week shall not exceed the amount set in Table 1, APPENDIX C -
ALLOWANCES of this award.
(iv) On call work
performed outside the usual hours of work shall be paid double the ordinary
time rate of pay for the hours worked and from the time the employee responds
to the call out. The minimum duration of a call out is deemed to be two hours
if they are required to leave their residence to respond to the callout. Where the person does not have to leave their
residence then a one hour minimum shall apply.
(v) For each
award holiday which an employee is on call, the employee shall be granted one
day to be taken at a mutually agreed time.
(vi) Rest period
after call -out.
An employee who works during the eight (8) hours
immediately preceding the employee’s usual commencing time shall be entitled to
defer the usual commencing time or revise their finishing time, without loss of
pay by a period equal to one and a half (1.5) times the actual time worked
within those hours.
27. Call
Back
(i) An employee
shall be on call back if recalled to work overtime without having received
notice before ceasing work.
(ii) An employee
working on call back shall be paid a minimum of four hours work at the
appropriate overtime rate for each call back which is less than four hours. Any
subsequent call backs occurring within a four hour period of a call back shall
not attract any additional payments. The minimum of four hours does not apply
where the call back is continuous with an employee's usual hours of work,
except as provided for in subclause (iv)(a) below. The overtime rate for call
backs commences from the time the employee leaves to attend the call back.
(iii) Rest Period
after Call Back
The rest period after Call Back shall be as per the
Rest Period after Call Out (see Clause 26(vi)) (iv) Call Backs running into normal working hours
(a) Where a Call
Back runs into normal working hours, a minimum of 4 hours will be paid at the
appropriate overtime rate.
(b) After working
to the revised finishing time (see Clause 26(vi)) the employee may finish work
for the day, or, if deemed fit, may continue until normal finish time. Time
worked beyond the revised finish time will be paid at appropriate overtime
rates.
28. Meal
Time and Allowances
(i) Meal Breaks
(a) An employee
shall not, at any time, be compelled to work for more than five hours without a
break for a meal.
(b) Employees
shall be allowed meal breaks without pay as well as a paid morning break of 10
minutes on each ordinary working day.
(ii) Meal Times -
Shift Workers
Shift workers shall be allowed in each ordinary working
shift, a meal crib time of twenty minutes, which shall be treated as part of
the shift and paid for accordingly. This crib break shall only apply to the
duty operator.
(iii) Meal Times
The times fixed for the taking of meal breaks during
ordinary working day or ordinary rostered shifts may vary for groups of
employees and/or individual employees, as may be necessary or appropriate for
the conduct of Riverina Water's business.
(iv) Working in
Usual Break
An employee's usual time for the taking of a meal break
may, by mutual agreement between Riverina Water and the employee, be varied
temporarily or shortened in special circumstances rather than on a regular
basis.
(v) Overtime Meal
Breaks
(a) An employee
required to work overtime for two hours or more prior to the usual starting
time or after the usual finishing time, shall be paid a meal allowance at the
rate set in APPENDIX C - ALLOWANCES of this award. The allowance shall also be
paid after each further four hours of overtime worked and after each four hours
worked on the employee's non-working days.
(b) A paid
overtime meal break shall be allowed after the first two hours of overtime and
after each subsequent four hours of overtime. Paid overtime meal breaks shall
not exceed twenty minutes and are time worked for the purpose of calculating
overtime.
(vi) Shift Work
Overtime
Meal breaks during periods of overtime and the payment
of meal allowances shall apply to shift workers required to work overtime
outside the hours of their ordinary rostered shift, except where, by an
approved arrangement made between employees or at their request, excess time is
incurred in changed shifts or in their ordinary rostered shifts.
(vii) On-Call
Included
Meal breaks and meal allowances shall apply to
employees engaged in on-call emergency and/or breakdown work.
29. Sick
and Carer's Leave
(i) Sick Leave
Entitlement
An employee who is unable to attend work on account of
personal illness or accident, not being due to serious misconduct or on account
of injury by accident arising out of and in the course of employment, shall be
entitled to sick leave without deduction of pay during each year of service
subject to the following conditions and limitations -
(a) Each
employee's sick leave entitlement shall be as follows: During the first year of
service, fifteen days. In each of the second, third, fourth and fifth years of
service fifteen days and in each subsequent year of service, eighteen days.
(b) The employee
shall be required to produce evidence satisfactory to Riverina Water that such
absence was due to personal illness or accident, not being injury arising out
of and in the course of the employee's employment nor arising from other
employment, sufficient to prevent the performance of normal duties. Proof of
illness or injury by accident and inability to attend for work may be required
after two days absence or after three separate periods in each year of service.
(c) An employee
shall as soon as practicable notify Riverina Water, of the employee's inability
to attend on account of illness or injury and advise Riverina Water of the
estimated duration of absence.
(d) An employee
with at least ten years service with Riverina Water may at the discretion of
the employer be granted additional sick leave where an illness or injury
results in the employee exhausting their accumulated sick leave.
(e) An employee
who, at the commencement of this award, had accumulated sick leave transferred
from another employer shall retain that entitlement for use when sick or
injured.
(ii) Avoidance of
Duplicate Benefits
An employee, who has been granted paid sick leave and
who in respect of the period of leave receives compensation under any
Act or law shall reimburse Riverina Water from that
compensation, amounts paid for the leave.
(iii) Accumulation
of Leave
Untaken sick leave shall accumulate from year to year
and be available in subsequent years of employment.
(iv) Employees who
are ill for a minimum of 5 consecutive working days whilst on Annual Leave or
Long Service Leave may apply to the General Manager to have the leave
re-credited. The employee must provide a doctors certificate and be able to
demonstrate that as a consequence of the illness or injury their leave was
disrupted.
(v) Accumulated
Sick Leave - Termination of Employment
Employees who had credits of untaken sick leave under
previous awards or agreements at 15 February, 1993, shall on termination of
employment, if those credits still stand, be paid their current ordinary time
rate of pay for those credits in accordance with the provision which existed
under the previous award or agreement.
(vi) Personal
Carer's Leave
(a) An employee,
with responsibilities in relation to a class of person set out in Sub Clause
(vi)(e) below who need their care and support, shall be entitled to access
their accumulated sick leave for personal carer's leave to provide care and
support to those persons when they are ill and no other carer is available or
until alternative arrangements are able to be made.
(b) An employee
who accesses personal carer's leave shall, where Riverina Water requires,
provide a medical certificate or statutory declaration as evidence of illness
of the person who required care. The employee shall also, where practicable,
give Riverina Water prior notice of the taking of personal carer's leave. Where
prior notice has not been given, the employee shall notify Riverina Water by
phone at the first opportunity on the day of the absence.
(c) In normal
circumstances, an employee shall not take personal carer's leave where another
person is providing the immediate family or household member with care.
(d) Personal
carer's leave may be taken for part of a single day.
(e) The
entitlement to use sick leave in accordance with this clause is subject to:
(1) The employee
being responsible for the care and support of the person concerned: and,
(2) the person
concerned being:
(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, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or 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 purpose of
this paragraph:
(i) "relative"
means a person related by blood, marriage or affinity;
(ii) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(iii) "household"
means a family group living in the same domestic dwelling.
(f) an employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a class of person set out in Sub
Clause (vi)(e)(2) above, who is ill.
(g) an employee
may elect with the consent of the employer, to take annual leave for the
purposes of providing care to a class of person set out in Sub Clause
(vi)(e)(2) above.
(h) an employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within twelve
(12) months of the said election.
(i) overtime
taken as time off during ordinary hours shall be taken at the ordinary time
rate, that is, an hour for each hour worked.
(j) if, having
elected to take time as leave, in accordance with Sub Clause (h), the leave is
not taken for whatever reason, payment for time accrued at overtime rates shall
be made at the expiry of the twelve (12) month period or on termination.
(k) an employee
may elect, with the consent of Riverina Water, to work `make-up time' under
which the employee takes time off ordinary hours, and works those hours at a
later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(l) an employee
on shift work may elect, with the consent of the employer, work `make up time'
(under which the employee takes time off ordinary hours and works those hours
at a later time) at the shift work rate which would have been applicable to the
hours taken off.
(m) An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
(n) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(o) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
30. Annual
Leave
(i) Annual leave
of absence consisting of four weeks at the ordinary rate of pay, exclusive of
award holidays observed on working days shall be granted to an employee after
each twelve months service. Employees engaged on shift roster will be entitled
to an additional 20 hours of annual leave after each twelve months on service.
(ii) Annual leave
shall be taken as soon as mutually convenient to the employee and Riverina
Water after the anniversary date.
Riverina Water may give an employee at least four
weeks’ notice to take leave where the employee has accumulated in excess of
eight weeks leave.
(iii) An employee
before proceeding on annual leave shall be paid the employee's usual rate of
pay for the period of leave calculated as if the employee had been at work for
the period of leave.
(iv) On termination
of employment, an employee shall be paid all accumulated annual leave and
proportionate annual leave for the incomplete year of employment. Proportionate
annual leave shall be equal to one twelfth of the employee's ordinary weekly
rate of pay at the date of termination multiplied by each completed week of
employment in the incomplete year.
(v) An employee
whose ordinary rate of pay varies from time to time shall have their ordinary
rate of pay calculated as the average of their rate over the preceding twelve
months prior to taking annual leave.
31. Long
Service Leave
(i) Amount of
Leave
Riverina Water shall credit each employee, long service
leave on full pay after each period of continuous service on the following
basis:
On completion of ten years’ service, 13 weeks
After completion of each of the eleventh to fifteenth
years, 1.7 weeks per year. After completion each of the sixteenth year and
thereafter, 2.7 weeks per year
(ii) Accrual of
Leave
Long service leave shall accrue on a basis
proportionate to the scale of leave set out above.
(iii) Taking of
Leave
Long service leave shall be taken at a time mutually
convenient to Riverina water and the employee in minimum periods of one week.
(iv) Award Holidays
Long service leave shall be exclusive of award holidays
occurring during leave. (v)
Continuous Service
Continuous service shall be the period from the date of
commencement to the date of termination of employment and shall include:
(a) All approved
paid leave
(b) Previous
employment with Great Southern Energy, Southern Riverina County Council or
Riverina Water.
(c) Employment as
a part-time or casual employee.
(d) Service with
any Local Government Council in New South Wales shall be service for the
purpose long service leave accrual under this Award provided that the former
employer pays to Riverina Water the monetary value of the long service leave
which the employee has accrued at the time of transfer.
(e) Service in the
armed forces, enlisted or conscripted, shall be service for the purpose of long
service leave accrual provided that the employee was an employee of Riverina
Water, its predecessor or a Local Government Council in New South Wales at the
time of commencing the service.
(f) Periods which
shall not be included in the calculation of continuous service are absence on
parental leave and leave without pay.
(g) Employment
with a group training company during the term of an apprenticeship/traineeship
for the periods hosted by council to be recognized as service should they
obtain full time employment with council during their time upon completion of
their apprenticeship/traineeship.
(vi) Discharged
Entitlements
Long service leave entitlements shall be reduced by
periods of long service leave taken. (vii)
Payment for Leave
(a) Allowances
An employee who regularly receives payment of on-call
and standing by allowances, tool allowances, shift allowances or any
all-purpose allowance will receive payment of those allowances during periods
of long service leave on the same
basis of payment
or average payment
to the employee
in the four
week period prior
to the date
of commencement of the leave:
(b) Full Pay
During a period of long service leave, an employee
shall be paid, in addition to allowances, the employee's ordinary rate of pay
which the employee would have received for the period had the employee not been
on leave.
(c) Payment before
Leave
An employee shall be entitled to receive payment for
the full period of long service leave prior to the date upon which leave
commences.
(viii)
(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.
(ix) Termination of
Employment
(a) Ten Years
Where an employee has completed at least ten years
continuous service and the employee's employment is terminated for any reason,
or the employee dies, Riverina Water shall pay to the employee or the
employee's legal representative, the monetary equivalent of the employee's
accrued long service leave.
(b) Short Service
Where an employee has completed at least five years
continuous service and the employee's employment is terminated for any reason,
other than serious misconduct, Riverina Water shall pay to the employee or the
employee's legal representative, the monetary equivalent of the employee's
accrued long service leave.
(c) Payment on
Termination
On termination of employment, an employee shall be paid
the ordinary rate of pay, excluding allowances, for the accrued long service
leave.
(x) No Payment in
Lieu
An employee shall not be paid in lieu of long service
leave except on termination of employment.
32. Paid
Maternity Leave
(i) (a) 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.
(b) 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.
(c) 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.
(ii) (a) An employee shall be entitled to a total
of 14 weeks paid maternity leave or special maternity leave on full pay; or 28
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 14 weeks on full pay.
(b) The employee
may choose to commence paid maternity leave before the expected date of the
birth.
(iii) (a) 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 52 weeks.
(b) 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.
(c) Paid maternity
leave may not be extended beyond the first anniversary of the child's birth.
(iv) 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.
(v) Paid
maternity leave and special maternity leave shall be exclusive of public
holidays.
(vi) Notice of intention
to take paid maternity leave.
The employee must:
(a) 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;
(b) 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.
(c) 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.
(vii) 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.
(viii) Any government
funded parental paid parental leave provisions as prescribed in the Paid
Parental Leave ACT 2010 (Cth) will be in addition to current entitlements as
prescribed by Clause 32 - Paid Maternity Leave, Sub Clause (ii)(a) of this
Award.
33. Supporting
Parent Leave
An employee who is a supporting parent shall be entitled to
up to 5 days paid leave taken 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 supporting parent leave.
34. Family
Violence
(i) General
Principle
Riverina Water recognises that employees sometimes face
situations of violence or abuse in their personal life that may affect their
attendance or performance at work.
Therefore, the Riverina Water is committed to providing support to staff
that experience family violence.
(ii) Definition of
Family Violence
The definition of family violence includes physical,
sexual, financial, verbal or emotional abuse by a family member.
(iii) General
Measures
(a) Proof of
family violence may be required and can be in the form of an agreed document
issued by the Police Service, a court, a Doctor, District Nurse, Maternal
Health Care Nurse and a Family Violence Support Service or Lawyer.
(b) All personal
information concerning family violence will be kept confidential in line with
Riverina Water Policy and relevant legislation. No
information will be kept on an employee’s personnel file without their express
written permission.
(c) No adverse
action will be taken against an employee if their attendance or performance at
work suffers as a result of being a victim of family violence.
(d) Riverina Water
will identify contact/s in the organisation who will be trained in family
violence and privacy issues, for example training in family violence risk
assessment and risk management.
Riverina Water will advertise the name of the contact
within the council.
(e) An employee
experiencing family violence may raise the issue with their immediate
supervisor or the Human Resources
contact. The supervisor may seek advice
from Human Resources if the employee chooses not to see the Human Resources
contact.
(f) Where
requested by an employee, the Human Resources contact will liaise with the
employee’s supervisor on the employee’s behalf, and will make a recommendation
on the most appropriate form of support to provide in accordance with Sub
Clause (iv) and (v) below.
(g) Riverina Water
will develop guidelines to supplement this clause and which details the
appropriate action to be taken in the event that an employee reports family
violence.
(iv) Leave
(a) An employee
experiencing family violence will have access to 10 days per year
(non-accumulative) of paid special leave for medical appointments, legal
proceedings and other activities related to family violence. This leave will be
in addition to existing leave entitlements and may be taken as consecutive or
single days or as a fraction of a day and can be taken without prior approval.
(b) An employee
who supports a person experiencing family violence may take carer’s leave to
accompany them to court,
to hospital, or to mind children.
(v) Individual
Support
(a) In order to
provide support to an employee experiencing family violence and to provide a
safe work environment to all employees, the Riverina Water will approve any
reasonable request from an employee experiencing family violence for:
(i) Changes to
their span of hours or pattern or hours and/or shift patterns; (ii) Job redesign or changes to duties;
(iii) Relocation to
suitable employment within the company.
(iv) A change to
their telephone number or email address to avoid harassing contact;
(v) Any other
appropriate measure including those available under existing provisions for
family friendly and flexible work arrangements.
(b) An employee
experiencing family violence will be offered a referral to the Employee
Assistance Program [EAP] and/or other local resources. The EAP shall include
professionals trained specifically in family violence.
An employee that discloses to HR or their supervisor
that they are experiencing family violence will be given a resource pack of
information regarding support services.
35. Phased
Retirement
(i) In
recognition of the ageing workforce in local government and the need to retain
skills and experience within the industry, councils are encouraged to develop
and promote flexible work and leave arrangements to enable their employees to
better manage their transition into retirement.
(ii) Examples of
flexible work and leave arrangements include:
(a) Part-time
work;
(b) Flexi time;
(c) Leave without
pay;
(d) Job sharing
arrangements;
(e) Variations to
ordinary hours and rosters;
(f) Job redesign;
(iii) The terms of
a flexible work and leave arrangements shall be in writing and may be varied
from time to time, by agreement, to suit the specific needs of either council
or the employee.
36. Union
Picnic Day
Union Picnic Day shall for the purposes of this Award be
regarded as a holiday for employees who are financial members of the union(s).
The Union Picnic Day shall be on a day as is agreed between the council and the
union(s).
The union(s) shall advise the council of financial members
as at the time of the Union Picnic Day. Such advice must be given at least two
weeks prior to the Union Picnic Day.
Employees who are not financial members of the union(s) and
who are required to work on the Union Picnic Day shall be paid ordinary pay for
their normal working day.
Employees who are not financial members of the union(s) and
who are not required to work on the Union Picnic Day, may apply to council to
take annual leave, time off in lieu of overtime, leave without pay, a rostered
day off, or maybe required by council to make up time.
37. Award
Holidays
(i) Holidays: All full-time, part-time and temporary
employees shall be entitled to the following days as award holidays without
loss of pay:
(a) Any day proclaimed
as a State wide public holiday or any locally proclaimed holiday within the
boundaries of Riverina Water.
(b) The employees'
picnic day, to be held on a day as is mutually agreed between Riverina Water
and the employees.
Provided that a reasonable level of customer service is
to be provided on the day.
(ii) Award
Holiday during Leave of Absence
Where an employee is granted leave without pay by
Riverina Water which exceeds five consecutive working days or shifts the
employee shall not be entitled to payment for any award holiday which occurs
during that period.
38. Jury
Service
An employee shall notify Riverina Water as soon as possible
of the date upon which they are required to attend for jury service. Employees
shall be granted jury service leave without loss of pay.
(i) An employee
shall be paid by Riverina Water the difference between the jury service fee
received and the employee's ordinary time rate of pay for the jury service
during the employee's usual ordinary working hours.
(ii) An employee
required to attend for jury service during a period of annual leave shall, on
application and on production of satisfactory evidence, be credited with annual
leave at a subsequent date, for the period during which the employee would have
been on annual leave had the employee not been on jury service.
39. Bereavement
Leave
(i) Where an
employee, other than a casual, is absent from duty because of the death of a
person in accordance with Sub Clauses (i)(a) to (i)(e) below and provides
satisfactory evidence to council of such, the employee shall be granted four
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. (ii) Bereavement Entitlements for Casual
Employees
ii) Bereavement
Entitlement for Casual Employees
(a) Subject to
providing satisfactory evidence to the council, casual employees are entitled
to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in Sub Clauses (i)(a) to (i)(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. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 96 hours (i.e. four
days) per occasion. 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 the council to engage
or not engage a casual employee are otherwise not affected.
40. Trade
Union Leave
An employee who has been sponsored by a union to attend a
course of training shall be entitled to paid leave of absence to attend the
course. A pool of ten days is available each calendar year from which employees
may draw upon. However, Riverina Water may grant additional days at its
discretion. One accredited union delegate to the union's annual conference
shall be entitled to paid leave for the duration of the conference.
41. Leave
Without Pay
(i) Periods of
leave without pay, shall be taken at a time mutually convenient to council and
the employee and shall not be regarded as service for the purpose of computing
long service leave, sick leave or annual leave. Such periods of leave without
pay shall not however constitute a break in the employee’s continuity of
service.
(ii) An employee
shall not be entitled to any payment for public holidays during an absence of
approved leave without pay.
42. Travelling
Allowance
(i) An employee,
who is required to undertake additional travelling time outside the employee's
ordinary hours of work which is in excess of the employee's usual travelling
time on any day Monday to Friday, shall be paid for the excess travelling time
at the applicable overtime rate of pay or banked as time in lieu.
(ii) An employee,
who is required to undertake additional travelling time on a weekend or award
holiday, shall be paid for the excess travelling time the applicable overtime
rate of pay or banked as time in lieu.
43. Certificates
and Licences
(i) An employee
required to hold a motor vehicle driver's licence or motor cycle rider's
licence shall be reimbursed the cost of the licence by Riverina Water.
(ii) Riverina
Water shall not be liable to reimburse any cost of a probationary licence or
any penalty imposed on an employee because of traffic infringements by the
employee.
(iii) Where an
employee of the Award is required by council to hold another type of relevant
certificate or license the council shall reimburse the employee for cost of
such certificate or licence.
44. Private
Motor Vehicle - Allowances
An employee who by arrangement, uses a privately-owned motor
vehicle at work on a casual basis, shall be paid as per the table in APPENDIX C
- ALLOWANCES, which is based upon rates determined by the Australian Taxation
Office.
45. Civil
Liability - Engineering Professionals
(i) Except where
such responsibility and the exercise of such skills have been specifically and
demonstrably paid for in accordance with the salary system established by the
council, an employee who is an engineering professional.
(a) Is directly
involved in applying engineering principles to the asset management of council
assets, including the planning for, designing, maintaining, replacing,
rehabilitating or disposing of; and
(b) Such assets
may give rise to liability under the Civil Liability Act 2002 shall be paid an
allowance in addition to weekly rate, as set out in APPENDIX C - ALLOWANCES in
this Award.
(ii) The
provision in (i) (a) above shall not be construed so as to require the
reduction or alteration of more advantageous benefits or conditions under any
arrangements existing at the date the award was varied to give effect to this
clause.
46. Training
(i) The parties
to this award agree there is a commitment to training and skill development.
Training will be directed to:
(a) developing a
more highly skilled and flexible workforce;
(b) providing
employees with career opportunities through skill acquisition; and removing
barriers to the utilisation of skills acquired.
(ii) To ensure
that employees have the skill, competence and training to perform duties and
functions, employees shall undertake and complete relevant employer endorsed
training in respect of their duties and functions. Employer endorsed training
includes essential and optional training. Riverina Water shall meet all
reasonable costs and expenses incurred by employees in undertaking essential
training and may assist in the cost of optional training.
(iii) An employee
who is required to undertake reasonable travel outside the ordinary hours of
work to attend employer endorsed training shall be paid at ordinary time rate
of pay for any travel in excess of two hours on any one day or bank excess
travelling time as time in lieu.
47. Supply
of Residence By Employer
Where an employee is provided with a residence by Riverina
Water (with or without concessions), the weekly value of the residence (and
concessions) shall be agreed upon from time to time between the employee and
employer.
48. Living
Away Allowance
Living Away Allowance - An employee required to work at a
distance from the employee's usual residence and who is required to remain at
that location overnight, shall be provided with suitable accommodation of at
least an NRMA rating of three stars, i f available at that place, including up
to $5.00 per night for personal phone calls, and in addition shall be paid a
living away allowance as per APPENDIX C - ALLOWANCES in this Award. The employee shall also be reimbursed for any
authorised incidental expenses.
49. Wet Weather
Where because of wet weather, an employee stops work, the
employee shall be paid for time not worked provided the employee remains at
work until directed to leave work; stands by as directed; and reports for duty
as directed.
50. Health
and Safety
(i) Section 19 of
the NSW Work Health and Safety At 2011 places the following Duty of Care on
PCBU’s (employers):-
(a) A person
conducting a business or undertaking must ensure, so far as is reasonably
practicable, the health and safety of:
(1) workers
engaged, or caused to be engaged by the person, and
(2) workers whose
activities in carrying out work are influenced or directed by the person, while
the workers are at work in the business or undertaking.
(ii) While at
work, a worker must:
(a) take
reasonable care for his or her own health and safety, and
(b) take
reasonable care that his or her acts or omissions do not adversely affect the
health and safety of other persons, and
(c) comply, so far
as the worker is reasonably able, with any reasonable instruction that is given
by the person conducting the business or undertaking to allow the person to
comply with this Act, and
(d) co-operate
with any reasonable policy or procedure of the person conducting the business
or undertaking relating to health or safety at the workplace that has been
notified to workers.
51. Tool
Allowance
(i) Employees who
are required to supply their own tools of trade shall, in addition to the rates
of pay prescribed, be paid the amount set in APPENDIX C - ALLOWANCES of this
Award.
(a) Tool Kits:
Tool allowances paid to employees shall be deemed to apply in respect of a full
range of tools ordinarily used in carrying out the duties and functions of the
employee's classification, and the employee shall, if requested, furnish a list
of the tools.
(b) Ownership:
Tools for which allowances are paid shall remain the property of the employee,
be kept in proper working conditions and be available for use by the employee
at all times in the exercise of duties.
(c) Loss of Tools:
Tools, in respect of which an allowance is paid, shall be replaced or paid for
by the employer in the event of their loss or damage by fire or other cause
beyond the employee's control, or in the event of their theft during any act of
breaking and entering of premises outside the ordinary working hours, provided
the tools were kept in accordance with any established provisions for their
security.
(d) Special
Purpose Tools: Tool allowances shall not cover tools required for special uses
or purposes exceptional to the ordinary trade functions of the employee's
classification.
(e) Use of
Tools: Tools issued to an employee shall
be used only in the course of his duties, and for the purpose for which they
are supplied.
(f) Care of
Tools: Employees shall be responsible for the proper upkeep of all tools, and
other equipment, implements and articles, issued for their use, and shall
replace or pay for any items lost or damaged through misuse or negligence.
(g) Payment for
Other Purposes: Tool allowances shall apply during periods of annual leave,
sick and accident leave, long service leave and award holidays, but shall be
excluded in the calculation of any payment for accrued leave made to the
employee upon termination of service.
52. Telephone
An employee, who is required to install a telephone at the
employee's home, shall be reimbursed the annual rental fees, charges and the
cost of calls in connection with Riverina Water.
53. Expenses
All reasonable expenses incurred by an employee in connection
with their work shall be reimbursed by Riverina Water.
54. Out
Sourcing
(i) Where
Riverina Water is considering a change of practice to involve out sourcing or
contracting work out, it will notify the employees and their union/s. It will
also provide employees and their union/s with fourteen days’ notice to respond
with suitable proposals about alternative arrangements to out sourcing prior to
any decision to invite tenders.
Riverina Water at the same time as tenders are invited
will provide the union/s with a copy of any specification or contract which has
been prepared.
The tenders when advertised shall be timed so as to
provide the employees with an opportunity to submit an offer to establish that
they can do the work to an equivalent standard, timetable and price.
(ii) Contractors
shall have an enterprise agreement with the relevant unions which covers the
employees of the contractor.
(iii) Tenders will
be required to specify details of the
award coverage including conditions of
employment and the
classifications and rates of pay applicable under the award as well as the
terms of agreement for the contractor to comply with the industry safety
standards and practices.
(iv) Riverina Water
will only outsource work when there are insufficient resources to meet its work
commitment and timetable; or where the safety of the public or the water
distribution performance is at risk; or where contracting out work is the most
advantageous option taking into account quality, safety and performance.
(v) When a
decision is to be made regarding division of work between Riverina Water and
outside resources, due consideration will be taken of the nature of the jobs so
that Riverina Water staff have the opportunity to undertake quality work. A
copy of the work scope will be available with the relevant manager for perusal
by employees, prior to the specification being advertised.
Riverina Water Staff shall have the opportunity to
select the quality work to ensure skills are maintained, or provide opportunity
for higher quality skills to be obtained.
(vi) Riverina Water
will advise employees and their union/s following consideration of tenders and
the above listed factors.
(vii) Where Riverina
Water does contract out work, no employee will, as a result, be made
involuntarily redundant. Affected employees will be offered the opportunity for
retraining in skills required by Riverina Water.
55. Classifications
and Rates of Pay
(i) An employee
shall be allocated an employment classification which describes the employee's
major and substantial functions and duties.
(ii) An employee
shall be paid not less than the weekly rate of pay for employee's grade within
the employee's allocated classification as listed in APPENDIX B - RATES OF PAY
of this Award.
(iii) Each position
shall have an agreed job description which shall be updated at the time of a
change to the functions and duties and skill requirements of the position.
(iv) The weekly
rates of pay in this award contain a 1.35% component in lieu of annual leave
loading.
(v) Rates of pay
and allowances in this Award shall move by the following: 2.8% 1 July 2016;
2.5% 1st July 2017 and 2.5% 1st July 2018.
56. Superannuation
- Additional
(i) The below
table illustrates the total employer contribution rate for each financial year
covered by this agreement.
|
Year
|
Rate
|
|
1 July 2013
|
14.00%
|
|
1 July 2014
|
14.50%
|
|
1 July 2015
|
15.00%
|
(ii) The
additional percentage each year will be made for all employees whether they are
Accumulation or Defined Benefit Fund members as per table above.
57. Employee
Loyalty/Attendance Bonus
(i) Qualification:
(a) An employer
must have a Sick Leave balance equal to or greater than:
(1) hour employee. 635 hours.
(2) hour employee. 585 hours.
(b) An employee,
upon reaching the required minimum balance set out in Sub Clause 57(i) above
may request to be paid an amount of money that is the equivalent to 75% of
their annual Sick Leave entitlement balance for that year, always ensuring
their total bank does not reduce below the required minimum.
(ii) Procedure:
(a) A written
application is required for all claims to be provided within 30 days after the
end of the financial year.
(b) If an
application is not made within 30 days after the end of the financial year, the
leave entitlement being either the full 18 days or part thereof due to any sick
leave having been taken will be credited to the employees balance and no
payment request can be for that year.
(c) (The payment,
when requested within the required time, will be made as a one off payment
following each financial year.
(d) If an employee
wishes to Salary Sacrifice the payment, then he/she must make prior
arrangements in accordance with the ATO ruling.
58. Safety
Bonus
(i) The parties
to the Award are committed to a high standard of health and safety.
(ii) For the three
years of this Award, council will maintain an Injury and Illness Statistics
Index (IISI) recording time lost against the total hours worked.
(iii) Subject to
the annual figure achieved by the whole organisation as at 30 June each year a
reward payment will be payable to every employee who has been part of Council’s
workforce for more than half of that year and is still so employed at the time
of the bonus payment. The first payment will be made in July 2014.
(iv) The reward
payment shall be by way of additional remuneration based on the following
scale:-
|
SAFETY ACHIEVEMENT
|
|
|
IISI 300+
|
0
|
|
IISI 151 - 300
|
$100
|
|
IISI 51 - 150
|
$250
|
|
IISI 0 - 50
|
$400
|
59. No
Extra Claims
The parties to this Award agree not to pursue any additional
or extra claims during the term of this Award except in accordance with Clause
6.
60. Breach
of Award
If this Award is breached by either party, the maximum
remedy and/or penalty for such breach shall be no greater than that which is
available in respect of a breach of an award made under the Industrial
Relations Act 1996 (NSW).
A party to this Award shall be barred from commencing or
continuing an action for breach of this Award in more than one jurisdiction.
APPENDIX A - ANTI DISCRIMINATION
CLAUSE
(i) It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity age
and responsibilities as a carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award, which by its terms or operation has a direct
or indirect discriminatory effect.
(iii) Under the
Anti-Discrimination Act 1977, it is unlawful to victimise an employee because
the employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
(iv) Nothing in
this clause is to be taken to affect
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti- Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects .... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion