Insurance amd Care NSW Award 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Insurance and Care NSW (ICARE).
(Case No. 208916 of 2017)
Before Chief Commissioner Kite
|
14 July 2017
|
AWARD
The conditions of employment contained in Part A of
this award apply to all staff members.
The conditions of employment contained in Part B of
this award apply only to Administration and Clerical Officers.
The conditions of employment contained in Part C of
this award apply only to Departmental Professional Officers.
The conditions of employment contained in Part D of
this award apply only to Legal Officers.
The conditions of employment contained in Part E of
this award apply only to Senior Officers.
PART A - ALL STAFF MEMBERS
SECTION 1 - FRAMEWORK
Arrangement
Clause No. Subject
Matter
Section 1 - Framework
1. Arrangement
2. Title
3. Definitions
4. Parties
to the Award
5. Conditions
of Employment
6. Coverage
6A. Statement
of Intent
7. Work
Environment
8. Grievance
and Dispute Settling Procedures
9. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
Section 2 -
Attendance/Hours of Work
10. Local
Arrangements
11. Working
Hours
12. Calculation
of Service
13. Casual
Employment
14. Part-Time
Employment
15. Morning
and Afternoon Breaks
16. Meal
Breaks
16A. Lactation
Breaks
17 Variation
of Hours
18. Natural
Emergencies and Major Transport Disruptions
19. Notification
of Absence from Duty
20. Public
Holidays
21. Standard
Working Hours
22. Flexible
Working Hours
23. Rostered
Days Off for 38 Hour Week Workers
24. Non-Compliance
25. Flexible
Work Practices
26. Existing
Hours of Work Determinations
Section 3 - Travel
Arrangements
27. Travelling
Compensation
28. Excess
Travelling Time
29. Waiting
Time
30. Meal
Expenses on One-Day Journeys
31. Restrictions
on Payment of Travelling Allowances
32. Increase
or Reduction in Payment of Travelling Allowances
33. Production
of Receipts
34. Travelling
Distance
Section 4 -
Allowances and other matters
35. Allowance
Payable for Use of Private Motor Vehicle
36. Damage to
Private Motor Vehicle Used for Work
37. Overseas
Travel
38. Exchanges
39. Room at
Home Used as Office
40. Uniforms,
Protective Clothing and Laundry Allowance
41. Compensation
for Damage to or Loss of Staff Member’s Personal Property
42. Community
Language Allowance Scheme (CLAS)
43. First Aid
Allowance
44. Review of
Allowances Payable in Terms of This Award
Section 5 - Union
Consultation, Access and Activities
45. Trade
Union Activities Regarded as On Duty
46. Trade
Union Activities Regarded as Special Leave
47. Trade
Union Training Courses
48. Conditions
Applying to On Loan Arrangements
49. Period of
Notice for Trade Union Activities
50. Access to
Facilities by Trade Union Delegates
51. Responsibilities
of the Trade Union Delegate
52. Responsibilities
of the Trade Union
53. Responsibilities
of Workplace Management
54. Right of
Entry Provisions
55. Travelling
and Other Costs of Trade Union Delegates
56. Industrial
Action
57. Consultation
and Technological Change
58. Deduction
of Trade Union Membership Fees
Section 6 - Leave
59. Leave -
General Provisions
60. Absence
from Work
61. Applying
for Leave
62. Extended
Leave
63. Family and
Community Service Leave
64. Leave Without Pay
65. Military
Leave
66. Observance
of Essential Religious or Cultural Obligations
67. Parental
Leave
68. Purchased
Leave
69. Recreation
Leave
70. Annual
Leave Loading
71. Sick Leave
72. Sick Leave
- Requirements for Evidence of Illness
73. Sick Leave
to Care for a Family Member
74. Sick Leave
- Workers Compensation
75. Sick Leave
- Claims Other Than Workers Compensation
76. Special
Leave
77. Leave for
Matters Arising from Domestic Violence
Section 7 -
Training and Professional Development
78. Staff
Development and Training Activities
79. Study
Assistance
Section 8 - Shift
Work and Overtime
80. Shift Work
81. Overtime -
General
82. Overtime
Worked by Shift Workers
83. Overtime
Worked by Day Workers
84. Recall to
Duty
85. On-Call (Stand-By) and On-Call Allowance
86. Overtime Meal
Breaks
87. Overtime
Meal Allowances
88. Rate of
Payment for Overtime
89. Payment
for Overtime or Leave in Lieu
90. Calculation
of Overtime
91. Provision
of Transport in Conjunction with Working of Overtime
Section 9 -
Miscellaneous
92. Anti-Discrimination
93. Area, Incidence and Duration
94. No extra
claims
PART B
ADMINISTRATIVE and
clerical officers
1. Salaries -
Administrative and Clerical Officers
2. Promotion
- Administrative and Clerical Officers
PART C - DEPARTMENTAL PROFESSIONAL OFFICERS
1. Salaries -
Departmental Professional Officers
2. Increments
- Departmental Professional Officers
3. Calculation
of Service
PART D - LEGAL OFFICERS
1. Salaries -
Legal Officers
2. Increments
- Legal Officers
3. Conditions
for progression - Legal Officers
PART E - SENIOR OFFICERS
1. Salaries -
Senior Officers
PART F - Monetary Rates
Classifications and Salaries
Table 1 - Administrative and Clerical Officers
Table 2 - Departmental Professional Officers
Table 3 - Legal Officers
Table 4 - Senior Officers
Table 5 - Allowances
PART A
ALL STAFF MEMBERS
2. Title
This award shall be known as the Insurance and Care NSW
Award 2017
3. Definitions
3.1 Accumulation
means the accrual of leave or time. In respect of weekly study time
accumulation means the aggregation of short periods of weekly study time which
is granted for private study purposes.
3.2 Administrative
and Clerical Officer means all persons employed in ongoing, temporary, casual
or other employment under the State
Insurance and Care (NSW) Act 2015 and relevant parts of the Government
Sector Employment Act 2013, appointed to positions classified under the Crown
Employees (Administrative and Clerical Officers - Salaries) Award 2007 and who,
as at the operative date of this award, were occupying one of the positions
transferred to Insurance and Care NSW, or who, after that date, are appointed
to or employed in one such position.
3.3 Appropriate
People Leader means the roles within icare
accountable and with relevant delegations of authority for people leadership.
3.4 Association
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
3.5 At the
convenience of means the operational requirements permit the staff member's
release from duty or that satisfactory arrangements are able to be made for the
performance of the staff member's duties during the absence.
3.6 Award means an
award as defined in the Industrial
Relations Act 1996.
3.7 Birth means the
birth of a child and includes stillbirth.
3.8 Board means the
Board of Insurance and Care NSW.
3.9 Capital City
means the area set out as the area for the Sydney Telephone District Directory
coded N00 in the Sydney White Pages or within a corresponding area in the
Capital City of another State or Territory.
3.10 Casual Employee
means an employee engaged in terms of Part 4 Division 5 43 (4) of the Government Sector Employment Act 2013
and any guidelines issued thereof or as amended from time to time.
3.11 CEO&MD means
the Chief Executive Officer and Managing Director of Insurance and Care NSW or
a person authorised by the and Chief Executive Officer and Managing Director.
3.12 Chief People
Officer means the Group Executive role accountable for icare’s
People and Cultural leadership.
3.13 Contract hours
for the day for a full time staff member, means one fifth of the full time
contract hours, as defined in this award.
For a part time staff member, contract hours for the day means the hours
usually worked on the day.
3.14 Daily rate or
rate per day means the rate payable for 24 hours, unless otherwise specified.
3.15 Daily span of hours means, for a staff member required to work standard
hours, the full time standard hours defined in this award. For a staff member
required to work flexible hours, the "daily span of hours" means the
hours which normally fall within the bandwidth of the Flexible Working Hours
Agreement and which do not attract payment for overtime, unless otherwise
prescribed in this award.
3.16 Day worker means
a staff member, other than a shift worker, who works the ordinary hours from
Monday to Friday inclusive between the hours of 7.30 a.m. and 6.00 p.m. or as
negotiated under a local arrangement.
3.17 Departmental
Professional Officer means an officer who has a degree of a recognised
University requiring a minimum of three years full-time study or an officer
deemed by the Chief People Officer to hold equivalent qualifications.
3.18 Domestic
Violence means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.
3.19 Executive is an
employee employed pursuant to section 16 of the State Insurance and Care Governance Act 2015, who by virtue of the
provision of this act are excluded from the provisions of this Award.
3.20 Expected date of
birth, in relation to a staff member who is pregnant, means a date specified by
her medical practitioner to be the date on which the medical practitioner
expects the staff member to give birth as a result of the pregnancy.
3.21 Extended leave
means extended (long service) leave to which a staff member is entitled under
clause 61 of this award.
3.22 Flexible working
hours credit means the time exceeding the contract
hours for a settlement period and includes any time carried over from a
previous settlement period or periods.
3.23 Flexible working
hours debit means the contract hours not worked by a staff member and not
covered by approved leave during the settlement period, as well as any debit
carried over from the previous settlement period or periods.
3.24 Flexible working
hours scheme means the scheme outlined in clause 22,
Flexible Working Hours of this award which enables staff members, subject to
operational requirements, to select their starting and finishing times.
3.25 Flex leave means
a period of leave available to be taken by a staff member as specified in
subclause 21.16 of clause 22, Flexible Working Hours of this Award.
3.26 Full day means
the standard full time contract hours for the day, i.e. seven or eight hours
depending on the classification of the staff member.
3.27 Full pay or half
pay means the staff member's ordinary rate of pay or half the ordinary rate of
pay respectively.
3.28 Full-time
contract hours means the standard weekly hours, that is, 35 or 38 hours per
week, depending on the classification required to be worked as at the date of
this Award.
3.29 Full-time
position means a position which is occupied, or if not for being vacant, would
be occupied, by a full-time staff member.
3.30 Full-time staff
member means a staff member whose ordinary hours of duty are specified as such
in a formal industrial instrument or whose contract hours are equivalent to the
full-time contract hours for the job classification.
3.31 Group Executive
means the CEO&MD and his direct leadership reports who
hold Group Executive or equivalent leadership roles
3.32 Half day means
half the standard contract hours for the day.
3.33 Headquarters
means the centre(s) to which a staff member is attached or from which a staff
member is required to operate on a long-term basis.
3.34 icare means Insurance and Care NSW as established pursuant
to the State Insurance and Care (NSW) Act
2015
3.35 Industrial
action means industrial action as defined in the Industrial Relations Act 1996.
3.36 Legal Officer
means and includes all persons who are graduates in Law from either a
recognised University or College of Advanced Education or who possess
qualifications deemed by the Chief People Officer to be equivalent or who have
qualified to be admitted as a Barrister or Solicitor of the Supreme Court of
New South Wales, permanently or temporarily employed by Insurance and Care NSW
and who are occupying one of those positions covered by this award, or who are
appointed to or employed in one such position.
3.37 Local
Arrangement means an agreement reached at the organisational level between the Chief People Officer and the Association in
terms of clause 10, Local Arrangements of this Award.
3.38 Local holiday
means a holiday which applies to a particular township or district of the State
and which is not a public holiday throughout the State.
3.39 Normal hours of
duty means:
for a staff member working
standard hours - the fixed hours of duty, with an hour for lunch, worked in the
absence of flexible working hours;
for a staff member working
under the Flexible Working Hours Agreement, the hours of duty the appropriate
People Leader requires a staff member to work within the bandwidth specified
under the flexible working hours scheme or local arrangement.
3.40 Normal work
means, for the purposes of subclause 8.10 of clause 8, Grievance and Dispute
Settling Procedures of this award, the work carried out in accordance with the
staff member’s position or job description at the location where the staff
member was employed, at the time the grievance or dispute was notified by the
staff member.
3.41 Official
overseas travel means authorised travel out of Australia by a staff member
where the staff member proceeds overseas on official business.
3.42 On duty means the
time required to be worked for icare. For the
purposes of clause 44, Trade Union Activities Regarded as On Duty of this
Award, on duty means the time off with pay given by icare
to the accredited Association delegate to enable the Association delegate to
carry out legitimate Association activities during ordinary work hours without
being required to lodge an application for leave.
3.43 On loan means an
arrangement between Insurance and Care NSW and the Association where a staff
member is given leave of absence from the workplace to take up employment with
the staff member’s Association for a specified period of time during which the
Association is required to reimburse Insurance and Care NSW for the staff
member's salary and associated on-costs.
3.44 On special leave
means the staff member is required to apply for special leave in order to
engage in an activity which attracts the grant of special leave in the terms of
this award.
3.45 Ordinary hourly
rate of pay means the hourly equivalent of the annual rate of pay of the
classification set out in Part F Monetary Rates of this award and calculated
using the formula set out in clause 13, Casual employment of this award.
3.46 Overtime means
all time worked, whether before or after the ordinary daily hours of duty, at
the direction of the appropriate People Leader, which, due to its character or
special circumstances, cannot be performed during the staff member’s ordinary
hours of duty.
3.47 Part-time
entitlement, unless specified otherwise in this award, means pro rata of the
full-time entitlements calculated according to the number of hours a staff
member works in a part-time position or under a part-time arrangement.
3.48 Part-time hours
means hours which are less than the hours which constitute full-time work under
the relevant industrial instrument.
3.49 Part-time
position means a designated part-time position and, unless otherwise specified,
includes any position which is filled on a part-time basis.
3.50 Part-time staff
member means a staff member whose ordinary hours of duty are specified as
part-time in a formal industrial instrument or whose contract hours are less
than the full-time hours.
3.51 Prescribed
ceasing time means, for a staff member working standard hours, the conclusion
of daily standard hours for that staff member. For a staff member working the
Flexible Working Hours Agreement, prescribed ceasing time means the conclusion
of bandwidth of the scheme applying to that staff member.
3.52 Prescribed
starting time means, for a staff member not working under the Flexible Working
Hours Agreement, the commencement of standard daily hours of that staff member.
For a staff member working under the Flexible Working Hours Agreement,
prescribed starting time means the commencement of bandwidth of the scheme
applying to that staff member.
3.53 Public holiday
means a day proclaimed under the Public
Holidays Act 2010, as a public holiday.
3.54 Recall to duty
means those occasions when a staff member is directed to return to duty outside
the staff member’s ordinary hours or outside the bandwidth in the case of a
staff member working under a flexible working hours
scheme.
3.55 Relief staff
means staff employed on a temporary basis to provide relief in a position until
the return from authorised leave of the substantive occupant or in a vacant
position until it is filled substantively.
3.56 Residence, in
relation to a staff member, means the ordinary and permanent place of abode of
the staff member.
3.57 Rostered Day Off
means, for the purposes of clause 23, Rostered Days Off for 38 Hour Week
Workers of this award, a day off in a regular cycle at a time operationally
convenient.
3.58 Secondment means
an arrangement agreed to by the Chief People Officer, the staff member and
another Government Sector Agency, a public sector organisation or a private
sector organisation which enables the staff member to work in such other
organisation for an agreed period of time and under conditions agreed to prior
to the commencement of the period of secondment. Secondments are also to comply
with Part 5 of the Government Sector
Employment Act 2013.
3.59 Secretary means
the NSW Industrial Relations Secretary, as established under the Government Sector Employment Act 2013.
3.60 Senior Officer
means and includes all persons permanently or temporarily employed under the
provisions of the transitional provisions of the Government Sector Employment Act 2013, and who, as at the operative
date of this Award were occupying one of the positions transferred to Insurance
and Care NSW, or who, after that date, are appointed to or employed in one such
position.
3.61 Shift worker -
Continuous Shifts means a staff member engaged in work carried out in
continuous shifts throughout the 24 hours of each of at least six consecutive
days without interruption except during breakdown or meal breaks or due to
unavoidable causes beyond the control of the appropriate People Leader.
3.62 Shift worker -
Non-continuous Shifts means a staff member who is not a day worker or a shift
worker - continuous shifts, as defined above.
3.63 Staff member
means an officer or temporary employee employed under the State Insurance and Care Governance Act 2015, and includes both
full-time and part-time staff. For the purposes of maternity leave, as set out
in clause 76, Parental Leave of this award, staff member means a female staff
member.
3.64 Standard hours
are set and regular hours of operation as determined by the Chief People
Officer in accordance with any direction from the Industrial Relations Commission.
Standard hours are generally the hours which were in operation prior to the
introduction of flexible working hours or have been determined as standard
hours for the organisation since the introduction of flexible working hours.
3.65 Standby means an
instruction given by the appropriate People Leader to a staff member to be
available for immediate contact in case of an authorised call-out requiring the
performance of duties.
3.66 Study leave
means leave without pay granted for courses at any level or for study tours
during which financial assistance may be approved by the Group Executive, if
the activities to be undertaken are considered to be of relevance or value to
the Insurance and Care NSW and/or the Government Sector.
3.67 Study Time means
the time allowed off from normal duties on full pay to a staff member who is
studying in a part-time course which is of relevance to Insurance and Care NSW
and/or Government Sector.
3.68 Supervisor means
the immediate supervisor or manager of the area in which a staff member is
employed or any other staff member authorised by the Group Executive to fulfil
the role of a supervisor or manager, other than a person engaged as a
consultant or contractor.
3.69 Technical
Officer means and includes all persons employed in ongoing, temporary, casual
or other employment under the Government
Sector Employment Act 2013, and who, as at the operative date of this
award, were occupying one of the transferred to Insurance and Care NSW, or who,
after that date, are appointed to or employed in one such position.
3.70 Temporary work
location means the place at or from which a staff member temporarily performs
official duty if required to work away from headquarters.
3.71 Trade Union or
Union means a registered trade union, as defined in the Industrial Relations Act 1996.
3.72 Trade Union
Delegate means an accredited Association delegate responsible for his/her
workplace; and/or a person who is elected by the Association as its
representative, an executive member or a member of the Association's Council.
3.73 Trade Union
Official means a person who is employed by the Association to carry out duties
of an official in a permanent or temporary capacity, including elected
full-time officials and/or staff members placed on loan to the Association for
an agreed period of time.
3.74 Workplace means
the whole of the organisation or, as the case may be, a branch or section of
the organisation in which the staff member is employed.
3.75 Workplace
Management means the appropriate People Leader or any other person authorised
by the Group Executive to assume responsibility for the conduct and effective,
efficient and economical management of the functions and activities of the
organisation or part of the organisation.
4. Parties to the Award
The parties to this award are:
Insurance and Care NSW; and
Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales.
5. Conditions of
Employment
This award contains the current common conditions of employment
as negotiated by Insurance and Care NSW and the Association.
6. Coverage
The provisions of this award shall apply to officers,
temporary employees and casual employees (as specified in the award) as defined
in the State Insurance and Care Governance
Act 2015 and any remaining transitional former executives as defined in
Clause 8 of Schedule 4 of the Government
Sector Employment Act 2013. This Award shall not apply to Executives as
defined within section 16 of the State
Insurance and Care Governance Act or any employee remunerated at a level
greater than the maximum of Grade 12 of the Administrative and Clerical
Officers’ scale as detailed in Part F - Monetary Rates of this Award except a
transitional former executive.
If, during the currency of this Award, the Crown
Employees’ (Public Service Conditions of Employment) Reviewed Award 2009 (the
Conditions Award) is varied, or any existing Public Sector Determination which
operated as at the effective date of this Award, the variation will be discussed
at a meeting between the PSA and the Chief People Officer of icare, which shall occur within 21 days of either party
informing the other of the approval of the variation to the Conditions Award by
the Industrial Relations Commission. The presumption will be that this Award
will be varied to reflect the variation to the Conditions Award unless it is
not relevant to icare. The meeting between the PSA
and the Chief People Officer will determine the appropriateness and wording of
any variation. The onus will be on icare to justify
or prove that the proposed variation is not relevant to icare.
6A.
Statement of Intent
This Award aims to consolidate, in the one document,
all common conditions of employment of staff employed by Insurance and Care
NSW, to encourage the consultative processes at service-wide and various
organisational levels, to facilitate, as appropriate, greater flexibility in
the workplace and to help ensure that any excess hours, accumulated as a result
of Insurance and Care NSW work requirements, are not forfeited.
7. Work Environment
7.1 The parties to
this award are committed to providing and maintaining a work environment that
complies with all relevant Work Health Safety and Workers Compensation and
Injury Management legislation.
7.2 Equality in
employment - icare is committed to the achievement of
equality in employment and the award has been drafted to reflect this
commitment.
7.3 Harassment-free
Workplace - Harassment on the grounds of sex, race, marital status, physical or
mental disability, sexual preference, transgender, age or responsibilities as a
carer is unlawful in terms of the Anti-Discrimination Act 1977. Management
and staff are required to refrain from, or being party to, any form of
harassment in the workplace.
8. Grievance and
Dispute Settling Procedures
8.1 All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within icare,
if required.
8.2 A staff member
is required to notify in writing their immediate manager, as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
8.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes
it impractical for the staff member to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Group Executive or delegate.
8.4 The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
8.5 If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within two (2) working days, or as soon
as practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the Group
Executive.
8.6 If the matter
remains unresolved, the Chief People Officer shall provide a written response
to the staff member and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
8.7 A staff member,
at any stage, may request to be represented by the Association.
8.8 The staff
member or the Association on their behalf or the CEO&MD may refer the
matter to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
8.9 The staff
member, Association and the CEO&MD shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
8.10 Whilst the
procedures outlined in subclauses 8.1 to 8.10 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties, or, in
the case involving occupational health and safety, if practicable, normal work
shall proceed in a manner which avoids any risk to the health and safety of any
staff member or member of the public.
9. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
9.1 The entitlement
to salary package in accordance with this clause is available to:
9.1.1 ongoing full-time and part-time staff members; and
9.1.2 temporary staff members, subject to icare’s
convenience; and
9.1.3 casual employees, subject to icare’s
convenience, and limited to salary sacrifice to superannuation in accordance
with subclause 9.7.
9.2 For the purposes of this clause:
9.2.1 "salary" means the salary or rate of pay prescribed for
the staff member's classification by Part F of this Award, and any other
payment that can be salary packaged in accordance with Australian taxation law.
9.2.2 "post compulsory deduction salary" means the amount of
salary available to be packaged after payroll deductions required by
legislation or order have been taken into account. Such payroll deductions may
include, but are not limited to, taxes, compulsory superannuation payments,
HECS payments, child support payments, and judgement debtor/garnishee orders.
9.3 By mutual
agreement with the Chief People Officer, a staff member may elect to package a
part or all of their post compulsory deduction salary in order to obtain:
9.3.1 a benefit or benefits selected from those approved by the
Chief People Officer; and
9.3.2 an amount equal
to the difference between the staff member’s salary, and the amount specified
by the Chief People Officer for the benefit provided to or in respect of the
staff member in accordance with such agreement.
9.4 An election to
salary package must be made prior to the commencement of the period of service
to which the earnings relate.
9.5 The agreement
shall be known as a Salary Packaging Agreement.
9.6 Except in
accordance with subclause 9.7, a Salary Packaging Agreement shall be recorded
in writing and shall be for a period of time as mutually agreed between the
staff member and the Chief People Officer at the time of signing the Salary
Packaging Agreement.
9.7 Where a staff
member makes an election to sacrifice a part or all of their post compulsory
deduction salary as additional employer superannuation contributions, the staff
member may elect to have the amount sacrificed:
9.7.1 paid into the superannuation fund established under the First State Superannuation Act 1992; or
9.7.2 where icare is making compulsory
employer superannuation contributions to another complying superannuation fund,
paid into the same complying fund; or
9.7.3 subject to icare’s agreement, paid
into another complying superannuation fund.
9.8 Where the staff
member makes an election to salary sacrifice, icare
shall pay the amount of post compulsory deduction salary, the subject of
election, to the relevant superannuation fund.
9.9 Where the staff
member makes an election to salary package and where the staff member is a
member of a superannuation scheme established under the:
9.9.1 Police Regulation (Superannuation) Act
1906;
9.9.2 Superannuation Act 1916;
9.9.3 State Authorities Superannuation Act
1987; or
9.9.4 State Authorities Non-contributory
Superannuation Act 1987,
icare
must ensure that the staff member’s superable salary for the purposes of the
above Acts, as notified to the SAS Trustee Corporation, is calculated as if the
Salary Packaging Agreement had not been entered into.
9.10 Where the staff
member makes an election to salary package, and where the staff member is a
member of a superannuation fund other than a fund established under legislation
listed in subclause 9.9 of this clause, icare must
continue to base contributions to that fund on the salary payable as if the
Salary Packaging Agreement had not been entered into. This clause applies even
though the superannuation contributions made by icare
may be in excess of superannuation guarantee requirements after the salary
packaging is implemented.
9.11 Where the staff
member makes an election to salary package:
9.11.1 subject to
Australian Taxation law, the amount of salary packaged will reduce the salary
subject to appropriate PAYG taxation deductions by the amount packaged; and
9.11.2 any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an staff member is entitled under this Award or any
applicable Award, Act or statute which is expressed to be determined by
reference to the staff member’s rate of pay, shall be calculated by reference
to the rate of pay which would have applied to the staff member under Part F of
this Award if the Salary Packaging Agreement had not been entered into.
9.12 The Chief People
Officer may vary the range and type of benefits available from time to time
following discussion with the Association. Such variations shall apply to any
existing or future Salary Packaging Agreement from date of such variation.
9.13 The Chief People
Officer will determine from time to time the value of the benefits provided
following discussion with the Association. Such variations shall apply to any
existing or future Salary Packaging Agreement from the date of such variation.
In this circumstance, the staff member may elect to terminate the Salary
Packaging Agreement.
SECTION 2 - ATTENDANCE/HOURS OF WORK
10. Local Arrangements
10.1 Local
arrangements may be negotiated between the Chief People Officer and the
Association in respect of the whole of icare or part
of icare in relation to any matter contained in this
Award.
10.2 All local
arrangements negotiated between the Chief People Officer and the Association
must:
10.2.1 be approved by the CEO&MD;
and
10.2.2 be approved in writing by the General Secretary of the
Association; and
10.2.3 be contained in a
formal document, such as a co-lateral agreement, a memorandum of understanding,
an award, an enterprise agreement or other industrial instrument; and
10.2.4 include
a clause allowing either party to terminate the arrangement by giving 12
months’ notice.
10.3 Subject to the
provisions of subclause 10.2 of this clause, nothing in this clause shall
prevent the negotiation of a Flexible Working Hours Agreement between icare and the Association in respect of the provisions
contained in clause 25, Flexible Work Practices of this award, where the
conditions of employment of any group are such that the application of the
standard flexitime provisions would not be practicable. Where such local arrangements do not include
provisions in relation to core time, settlement periods, contract hours, flex
credit, flex debit, or flex leave, the relevant provisions of clause 22,
Flexible Working Hours of this award shall apply.
10.4 Attendance and
the accrual of flexible working hours credit - A staff member may only work
outside the hours of a standard day but within the bandwidth and accrue hours
toward a flexible working hours credit if the work is
available to be performed.
10.5 Where a staff
member has accrued 8 weeks recreation leave, unless otherwise authorised by
their manager, flex leave can only be taken where recreation leave has been
applied for and approved. If, however,
recreation leave has been applied for and declined or not actioned by the
manager, access to flex leave is still available.
11. Working Hours
11.1 The working
hours of staff and the manner of their recording, shall be as determined from
time to time by the appropriate People Leader in accordance with any direction
of the Chief People Officer. Such direction will include the definition of full
time contract hours as contained in clause 3, Definitions of this Award.
11.2 The staff member
in charge of a division or branch will be responsible to the Group Executive
for the proper observance of hours of work and for the proper recording of such
attendance.
11.3 The appropriate
People Leader may require a staff member to perform duty beyond the hours
determined under subclause 11.1 of this clause but only if it is reasonable for
the staff member to be required to do so. A staff member may refuse to work
additional hours in circumstances where the working of such hours would result
in the staff member working unreasonable hours. In determining what is
unreasonable the following factors shall be taken into account:
11.3.1 the
staff member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study arrangements,
11.3.2 any risk to staff member’s health and safety,
11.3.3 the urgency of the work required to be performed during
additional hours, the impact on the operational commitments of the organisation
and the effect on client services,
11.3.4 the notice (if
any) given by the appropriate People Leader regarding the working of the
additional hours, and by the staff member of their intention to refuse the
working of additional hours, or
11.3.5 any
other relevant matter.
11.4 The application
of hours of work is subject to the provisions of this clause.
11.5 The ordinary
hours may be standard or flexible and may be worked on a full time or part-time
basis.
11.6 The appropriate
People Leader shall ensure that all staff members employed in icare are informed of the hours of duty required to be
worked and of their rights and responsibilities in respect of such hours of
duty.
12. Calculation of
Service
12.1 In calculating
years of service for staff members the following aggregate periods of leave
without pay shall not be taken into account:
12.1.1 Recreation Leave -
Leave Without Pay which when aggregated, exceeds 5
working days in any period of 12 months
12.1.2 Sick Leave - Leave
Without Pay of 21 days or more
12.1.3 Increments - Leave
Without Pay of 5 days or more defers the increment
date
12.1.4 Leave Loading -
Leave Without Pay which when aggregated, exceeds 5
working days in any period of 12 months
13. Casual Employment
13.1 This clause will
only apply to those employees whose conditions of employment are not otherwise
included in another industrial instrument.
13.2 Hours of Work
13.2.1 A casual employee
is engaged and paid on an hourly basis.
13.2.2 A casual employee
will be engaged and paid for a minimum of 3 consecutive hours for each day
worked.
13.2.3 A casual employee
shall not work more than 9 consecutive hours per day (exclusive of meal breaks)
without the payment of overtime for such time in excess of 9 hours, except
where longer periods are permitted under another award or local agreement under
clause 10 of this award, covering the particular class of work or are required
by the usual work pattern of the position.
13.3 Rate of Pay
13.3.1 Casual employee
shall be paid the ordinary hourly rate of pay calculated by the following
formula for the hours worked per day:
Annual salary divided by 52.17857 divided by the
ordinary weekly hours of the classification.
13.3.2 Casual employees
shall be paid a loading on the appropriate ordinary hourly rate of pay of:
15% for work performed on Mondays to Fridays
(inclusive)
50% for work performed on Saturdays
75% for work performed on Sundays
150% for work performed on public holidays.
13.3.3 Casual employees
shall also receive a 1/12th loading in lieu of annual leave.
13.3.4 The loadings
specified in paragraph 13.3.2 of this subclause are in recognition of the
casual nature of the employment and compensate the employee for all leave,
other than annual leave and long service leave, and all incidence of
employment, except overtime.
13.4 Overtime
13.4.1 Casual employees
shall be paid overtime for work performed:
(a) In excess of 9
consecutive hours (excluding meal breaks) except where longer periods are
permitted under another award or local agreement under clause 10 of this award,
covering the particular class of work or are required by the usual work pattern
of the position; or
(b) Outside the
bandwidth application to the particular class of work; or
(c) In excess of
the daily roster pattern applicable for the particular class of work; or
(d) In excess of
the standard weekly roster of hours for the particular class of work; or
(e) In accordance
with a local arrangement negotiated under clause 10 of this award.
13.4.2 Overtime rates
will be paid in accordance with the rates set in clause 82, Overtime Worked by
Day Workers of this award.
13.4.3 Overtime payments
for casual employees are based on the ordinary hourly rate plus the 15% loading
set out in paragraph 13.3.2 of this clause.
13.4.4 The loading in
lieu of annual leave as set out in paragraph 13.3.3 of this clause is not
included in the hourly rate for the calculation of overtime payments for casual
employees.
13.5 Leave
13.5.1 Other than as
described under subclauses 13.5, 13.6 and 13.7 of this clause, casual employees
are not entitled to any other paid or unpaid leave.
13.5.2 As set out in
paragraph 13.3.3 of this clause, casual employees will be paid 1/12th in lieu
of annual leave.
13.5.3 Casual employees
will be entitled to Long Service Leave in accordance with the provisions of the
Long Service Leave Act 1955.
13.5.4 Casual employees
are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1,
section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996. The
following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).
(a) icare must not fail to re-engage a
regular casual employee (see section 53(2) of the Act) because:
(i) the employee or employee's spouse is pregnant; or
(ii) the employee is or has been immediately absent on parental
leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
13.6 Personal Carers
entitlement for casual employees
13.6.1 Casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a family member described in paragraph 73.4.2 of Sick Leave to Care
for a Family Member of this award who is sick and requires care and support, or
who requires care due to an unexpected emergency, or the birth of a child. This
entitlement is subject to the evidentiary requirements set out in paragraph
13.6.4, and the notice requirements set out in paragraph 13.6.5 of this clause.
13.6.2 The appropriate
People Leader and the casual employee shall agree on the period for which the
employee will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
13.6.3 icare must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this clause. The rights of icare to engage or not to
engage a casual employee are otherwise not affected.
13.6.4 The casual
employee shall, if required,
(a) establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person, or
(b) establish by production of documentation acceptable to the
employer or a statutory declaration, the nature of the emergency and that such
emergency resulted in the person concerned requiring care by the employee.
In normal circumstances, a casual employee must not
take carer's leave under this subclause where another person had taken leave to
care for the same person.
13.6.5 The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee will inform the employer within 24 hours of the absence.
13.7 Bereavement
entitlements for casual employees
13.7.1 Casual employees
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a family member on production of satisfactory evidence
(if required by the employer).
13.7.2 The appropriate
People Leader and the casual employee shall agree on the period for which the
employee will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
13.7.3 icare must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this clause. The rights of icare to engage or not
engage a casual employee are otherwise not affected.
13.7.4 The casual employee
must, as soon as reasonably practicable and during the ordinary hours of the
first day or shift of such absence, inform the employer of their inability to
attend for duty. If it is not reasonably practicable to inform the employer
during the ordinary hours of the first day or shift of such absence, the
employee will inform the employer within 24 hours of the absence.
13.8 Application of
other clauses of this Award to casual employees
13.8.1 The following
clauses of this award do not apply to casual employees:
11
|
Working Hours
|
17
|
Variation of Hours
|
18
|
Natural Emergencies and Major Transport Disruptions
|
20
|
Public Holidays
|
21
|
Standard Working Hours
|
22-25
|
relating to Flexible Working arrangements
|
28
|
Excess Travelling Time
|
29
|
Waiting Time
|
39
|
Room at Home Used as Office
|
44-58
|
relating to Trade Union activities
|
54
|
Travelling and other costs of Trade Union Delegates
|
58
|
Leave - General Provisions
|
58-76
|
relating to the various Leave provisions
|
78
|
Study Assistance
|
79
|
Shift Work
|
80-81
|
relating to Overtime
|
83-84
|
relating to Recall to Duty, On-Call and Stand-by
Arrangements
|
88
|
Payment for Overtime or Leave in Lieu
|
89
|
Compensation for Additional Hours Worked by Duty Officer,
State Emergency Services.
|
14. Part-Time
Employment
14.1 General
14.1.1 This clause shall
only apply to part-time staff members whose conditions of employment are not
otherwise provided for in another industrial instrument.
14.1.2 Part-time work may
be undertaken with the agreement of the appropriate People Leader. Part-time work
may be undertaken in a part-time position or under a part-time arrangement.
14.1.3 A part-time staff
member is to work contract hours less than full-time hours.
14.1.4 Unless otherwise
specified in this Award, part-time staff members receive full time entitlements
on a pro rata basis calculated according to the number of hours a staff member
works in a part-time position or under a part-time arrangement. Entitlements to
paid leave will accrue on the equivalent hourly basis.
14.1.5 Before commencing part-time
work, the appropriate People Leader and the staff member must agree upon:
(a) the hours to be
worked by the staff member, the days upon which they will be worked, commencing
and ceasing times for the work, and whether hours may be rostered flexibly;
(b) whether flexible working hours provisions or standard hours
provisions will apply to the part-time staff member; and
(c) the classification applying to the work to be performed;
14.1.6 The terms of the
agreement must be in writing and may only be varied with the consent of both
parties.
14.1.7 Incremental
progression for part-time staff members is the same as for full time staff
members, that is, part-time staff members receive an increment annually.
14.2 Additional hours
14.2.1 The appropriate
People Leader may request, but not require, a part-time staff member to work
additional hours. For the time worked in excess of the staff member’s usual
hours and up to the normal full-time hours for the classification, part-time
staff members may elect to:
(a) be paid for additional hours at their hourly rate plus a
loading of 4/48ths in lieu of recreation leave; or
(b) if working under a Flexible Working Hours scheme under
clause 22 of this award, or a Local Agreement made in accordance with clause 10
of this award, have the time worked credited as flex time.
14.2.2 For
time worked in excess of the full-time hours of the classification, or outside
the bandwidth payment shall be made at the appropriate overtime rate in
accordance with clause 87, Rate of Payment for Overtime of this Award.
15. Morning and
Afternoon Breaks
Staff members may take a 10
minute morning break, provided that the discharge of public business is not
affected and, where practicable, they do so out of the view of the public contact
areas. Staff members, other than the 38 hour week workers, may also take a 10
minute afternoon break, subject to the same conditions as apply to the morning
break.
16. Meal Breaks
16.1 Meal breaks must
be given to and taken by staff members. No staff member shall be required to
work continuously for more than 5 hours without a meal break, provided that: -
16.1.1 where
the prescribed break is more than 30 minutes, the break may be reduced to not
less than 30 minutes if the staff member agrees. If the staff member requests
to reduce the break to not less than 30 minutes, the reduction must be
operationally convenient; and
16.1.2 where
the nature of the work of a staff member or a group of staff members is such
that it is not possible for a meal break to be taken after not more than 5
hours, local arrangements may be negotiated between the Chief People Officer
and the Association to provide for payment of a penalty.
16A.
Lactation Breaks
16A.1 This
clause applies to staff members who are lactating mothers. A lactation break is provided for
breastfeeding, expressing milk or other activity necessary to the act of
breastfeeding or expressing milk and is in addition to any other rest period
and meal break as provided for in this award.
16A.2 A
full-time staff member or a part-time staff member working more than 4 hours
per day is entitled to a maximum of two paid lactation breaks of up to 30
minutes each per day.
16A.3 A
part-time staff member working 4 hours or less on any one day is entitled to
only one paid lactation break of up to 30 minutes on any day so worked.
16A.4 A
flexible approach to lactation breaks can be taken by mutual agreement between
a staff member and their manager provided the total lactation break time
entitlement is not exceeded. When giving
consideration to any such requests for flexibility, a manager needs to balance
the operational requirements of the organisation with the lactating needs of
the staff member.
16A.5 icare shall provide access to a suitable, private space with
comfortable seating for the purpose of breastfeeding or expressing milk.
16A.6 Other
suitable facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable
to provide these facilities, discussions between the manager and staff member
will take place to attempt to identify reasonable alternative arrangements for
the staff member's lactation needs.
16A.7 Staff members
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association's Breastfeeding Helpline Service or the
Public Health System.
16A.8 Staff members
needing to leave the workplace during time normally required for duty to seek
support or treatment in relation to breastfeeding and the transition to the
workplace may utilise sick leave in accordance with clause 70, Sick Leave of
this Award, or access to the flexible working hours scheme provided in clause
22, Flexible Working Hours of this Award, where applicable.
17. Variation of Hours
17.1 If the
appropriate People Leader is satisfied that a staff member is unable to comply
with the general hours operating in icare because of
limited transport facilities, urgent personal reasons, community or family
reasons, the appropriate People Leader may vary the staff member's hours of
attendance on a one off, short or long-term basis, subject to the following:
17.1.1 the
variation does not adversely affect the operational requirements;
17.1.2 there
is no reduction in the total number of daily hours to be worked;
17.1.3 the
variation is not more than an hour from the commencement or finish of the span
of usual commencing and finishing time;
17.1.4 a
lunch break of one hour is available to the staff member, unless the staff
member elects to reduce the break to not less than 30 minutes;
17.1.5 no
overtime or meal allowance payments are made to the staff member, as a result
of an agreement to vary the hours;
17.1.6 ongoing
arrangements are documented; and
17.1.7 the
Association is consulted, as appropriate, on any implications of the proposed
variation of hours for the work area.
18. Natural
Emergencies and Major Transport Disruptions
18.1 A staff member
prevented from attending work at a normal work location by a natural emergency
or by a major transport disruption may:
18.1.1 apply to vary the
working hours as provided in clause 17, Variation of Hours of this award;
and/or
18.1.2 negotiate
an alternative working location with the icare;
and/or
18.1.3 take
available family and community service leave and/or flex leave, recreation or
extended leave or leave without pay to cover the period concerned.
19. Notification of
Absence from Duty
19.1 If a staff
member is to be absent from duty, other than on authorised leave, the staff
member must notify the supervisor, or must arrange for the supervisor to be
notified, as soon as possible, of the reason for the absence.
19.2 If a staff
member is absent from duty without authorised leave and does not provide an
explanation of the absence to the satisfaction of the appropriate People
Leader, the amount representing the period of absence shall be deducted from
the staff member's pay.
20. Public Holidays
20.1 Unless directed
to attend for duty by the appropriate People Leader, a staff member is entitled
to be absent from duty without loss of pay on any day which is:
20.1.1 a
public holiday throughout the State; or
20.1.2 a
local holiday in that part of the State at or from which the staff member
performs duty; or
20.1.3 a
day between Boxing Day and New Year's Day determined by the CEO&MD
20.2 A staff member
required by the appropriate People Leader to work on a local holiday may be
granted time off in lieu on an hour for hour basis for the time worked on a
local holiday.
20.3 If a local
holiday falls during a staff member's absence on leave, the staff member is not
to be credited with the holiday.
21. Standard Working
Hours
21.1 Standard hours
are set and regular with an hour for lunch and, if worked by the staff member
under the Flexible Working Hours Agreement, would equal the contract hours
required to be worked under the Agreement. Standard hours could be full time or
part-time.
21.2 Urgent Personal
Business - Where a staff member requires to undertake
urgent personal business, appropriate leave or time off may be granted by the
appropriate People Leader. Where time off has been granted, such time shall be
made up as set out in subclause 21.4 of this clause.
21.3 Late Attendance
- If a staff member is late for work, such staff member must either take
appropriate leave or, if the appropriate People Leader approves, make the time
up in accordance with subclause 21.4 of this clause.
21.4 Making up of
Time - The time taken off in circumstances outlined in subclauses 21.2 and 21.3
of this clause must be made up at the earliest opportunity. The time may be
made up on the same day or on a day or days agreed to between the staff member
and the appropriate People Leader.
22. Flexible Working
Hours
22.1 The parties to
this award are committed to fostering flexible work practices with the
intention of providing greater flexibility in dealing with workloads, work
deadlines and the balance between work and family life. All parties are
committed to managing time worked to prevent any forfeiture of credit hours
accumulated under a flexible working hours agreement.
22.2 Unless local
arrangements have been negotiated as provided in clause 10, Local Arrangements
of this award, and consistent with subclause 22.1 of this clause, a flexible
working hours scheme in terms of this subclause may operate, subject to
operational requirements, as determined by the appropriate People Leader.
22.3 Where the
operational requirements allow, the working of flexible hours under a flexible
working hours scheme operating in icare, shall be
extended to a staff member working under a part time work arrangement. Except
for provisions contained in subclauses 22.11, 22.13 and 22.16 of this clause,
all other provisions under this subclause shall be applied pro rata to a staff
member working under a part time work arrangement.
22.4 Exclusions -
Flexible working hours shall not apply to staff members who work:
22.4.1 a
38 hour week and are entitled to a rostered day off in a regular cycle; or
22.4.2 permanent
standard hours; or
22.4.3 according to a
shift roster.
22.5 Attendance - A
staff member's attendance outside the hours of a standard day but within the
bandwidth shall be subject to the availability of work.
22.6 Bandwidth - The
bandwidth shall be between the hours of 7.30 a.m. and 6.00 p.m., unless a
different time span has been negotiated under a local arrangement in terms of
clause 10, Local Arrangements of this Award.
22.7 Coretime - The coretime shall be
between the hours of 9.30 a.m. and 3.30 p.m., excluding the lunch break, unless
other arrangements have been negotiated under a local arrangement in terms of
clause 10, Local Arrangements of this Award.
22.8 Lunch break -
The standard lunch period shall be 1 hour. With the approval of the supervisor,
the lunch period may be extended by the staff member up to 2 and 1/2 hours or
reduced to not less than 30 minutes within the span of hours determined by the
CEO&MD. Where a local arrangement has been negotiated in terms of clause
10, Local Arrangements of this Award, the lunch break shall be taken in
accordance with such local arrangement.
22.9 Settlement
period - Unless a local arrangement has been negotiated in terms of clause 10,
Local Arrangements of this Award, the settlement period shall be four weeks.
22.9.1 For time recording
purposes the settlement period and flex leave must coincide.
22.9.2 Where exceptional
circumstances apply, e.g. prolonged transport strikes, adverse weather
conditions and the like, the Chief People Officer may extend the affected
settlement period by a further 4 weeks.
22.10 Contract hours -
The contract hours for a settlement period shall be calculated by multiplying
the staff member's weekly contract hours by the number of weeks in a settlement
period.
22.11 Flexible working hours credit - a staff member may carry a maximum of 10
hours credit into the next settlement period. Local arrangements in terms of
clause 10, Local Arrangements of this award may be negotiated in respect of the
carry over of additional flexible hours
credit than permitted in this clause, the length of the settlement period and
the banking of any accumulated credit hours for time worked.
22.12 Weekly hours
worked during the settlement period are to be monitored by the staff member and
their supervisor. If it appears that the staff member may exceed an accumulated
work time of 150 hours in a settlement period; or if the total hours of work in
a settlement period with the credit hour carry over from the previous
settlement period may exceed 150 hours, the supervisor and staff member shall
develop a strategy to ensure that the staff member does not forfeit any of the
credit hours accumulated, or likely to be accumulated.
22.13 Flexible Working
Hours Debit - The following provisions shall apply to the carry
over of flexible working hours debits, unless a local arrangement has
been negotiated in terms of clause 10, Local Arrangements of this award:
22.13.1 A debit
of up to 10 hours at the end of a settlement period may be carried over into
the next period;
22.13.2 Where
the debit exceeds 10 hours, the excess will be debited as leave without pay,
unless the staff member elects to be granted available recreation or extended
leave to offset the excess.
22.13.3 Any
debit of hours outstanding on a staff member's last day of duty is to be
deducted from any unpaid salary or the monetary value of accrued
recreation/extended leave. If applicable, the debit of hours may be transferred
to the next NSW government sector organisation under the mobility provisions of
Part 5 of the Government Sector
Employment Act 2013.
22.14 Cessation of duty
- A staff member may receive payment for a flex day accrued and remaining
untaken on the last day of service:
22.14.1 Where
the staff member's services terminate without a period of notice for reasons
other than misconduct; or
22.14.2 Where
an application for flex leave which would have eliminated the accumulated day
or days was made during the period of notice of retirement or resignation and
was refused or could not be granted or
22.14.3 In such other circumstances as have been negotiated between
the Chief People Officer and the Association under a local arrangement in terms
of clause 10, Local Arrangements of this Award.
22.14.4 Prior
to a staff member’s last day of service the staff member and supervisor shall
ensure that a staff member does not forfeit any credit hours accumulated.
Strategies to reduce accumulated credit hours may include those outlined in
paragraph 22.16.2 of this clause.
22.15 Where a staff
member ceases duty in icare in order to take up
employment in another Government sector, public service or public sector
organisation, the same provisions as apply to recreation leave under Part 3,
Division 2 of the Government Sector Employment Regulation 2014,
Cross-government sector leave arrangements shall apply to the accrued but
untaken or not forfeited flex leave.
22.16 Flex leave -
Subject to operational requirements:
22.16.1 A staff
member may take off one full day or two half days in a settlement period of 4
weeks.
22.16.2 Where
it appears a staff member may exceed a 10 hour credit, as per subclause 22.11
of this clause strategies to reduce this credit may
include the granting of additional full days, consecutive days, half days, or
any combination of days and half days.
22.16.3 Flex
leave may be taken on consecutive working days.
22.16.4 Absences
on flex leave may be combined with other periods of authorised leave.
22.16.5 Local
arrangements in respect of the taking of flex leave may be negotiated in terms
of clause 10, Local Arrangements of this Award.
22.17 Absence during coretime - Where a staff member needs to take a short
period of authorised leave within coretime, other
than flex leave, the quantum of leave to be granted shall be determined
according to the provisions contained in clause 60, Absence from Work of this
Award.
22.18 Standard hours -
Notwithstanding the provisions of this clause, the appropriate People Leader
may direct the staff member to work standard hours and not flexible hours:
22.18.1 where
the appropriate People Leader decides that the working of flexible hours by a
staff member or members does not suit the operational requirements of icare, the Association shall be consulted, where
appropriate; or
22.18.2 as
remedial action in respect of a staff member who has been found to have
deliberately and persistently breached the flexible working hours
scheme.
22.19 Easter concession
- Staff members who work under a flexible working hours
scheme may be granted, subject to the convenience of icare,
an additional half day's flex leave on the Thursday preceding the Good Friday
public holiday or, if directed to work, an additional half day’s flex leave on
another day within that settlement period.
23. Rostered Days Off
for 38 Hour Week Workers
23.1 The provisions
of this clause apply only to those staff members who work a 38 hour week and
are entitled to a rostered day off in a regular cycle.
23.2 Time for a
rostered day off accrues at 0.4 of an hour each 8 hour day.
23.2.1 Except as provided
in paragraph 23.2.2 of this subclause, all paid ordinary working time and paid
leave count towards accrual of time for the rostered day off.
23.2.2 Limit - When a
long period of approved leave is taken, accrual towards a rostered day off
applies only in respect of the 4 weeks’ period during which the staff member
resumes duty.
23.2.3 Exception -
Notwithstanding the provisions of paragraph 23.2.2 of this subclause, where
more generous provisions apply to the accrual of rostered days off, such
provisions shall continue to apply until renegotiated.
23.3 In the event of
unforeseen circumstances or icare's operational
requirements, the rostered day off may be deferred and taken at a later more
suitable time.
23.4 Where seasonal
or school vacation considerations affect icare
operations, rostered days off may be accrued and taken during a less active
period.
23.5 A rostered day
off is not to be re-credited if the staff member is
ill or incapacitated on a rostered day off.
23.6 Payment of
higher duties is not to be made to another staff member for undertaking some or
all of the duties of the staff member who is absent on a rostered day off.
24. Non-Compliance
In the event of any persistent failure by a staff
member to comply with the hours of duty required to be worked, icare shall investigate such non-compliance as soon as it
comes to notice and shall take appropriate remedial action according to Part 7
of the Government Sector Employment Rules 2014.
25. Flexible Work
Practices
Nothing in this award shall affect the hours of duty of
a staff member who is covered by a written flexible
working hours agreement.
26. Existing Hours of
Work Determinations
Any existing Determinations, pursuant to section 52 (1)
of the Government Sector Employment Act 2013
on local arrangements in respect of the hours of work which operated in a
Department or part of a Department as at the effective date of this award,
shall continue to apply until renegotiated.
SECTION 3 - TRAVEL ARRANGEMENTS
27. Travelling
Compensation
27.1 Any authorised
official travel and associated expenses, properly and reasonably incurred by a
staff member required to perform duty at a location other than their normal
headquarters shall be met by icare.
27.2 The appropriate
People Leader shall require staff members to obtain an authorisation for all
official travel prior to incurring any travel expense.
27.3 Where available
at a particular centre or location, the overnight accommodation to be occupied
by staff members who travel on official business shall be the middle of the
range standard, referred to generally as three star or three diamond standard
of accommodation.
27.4 Where payment of
a proportionate amount of an allowance applies in terms of this clause, the
amount payable shall be the appropriate proportion of the daily rate. Any
fraction of an hour shall be rounded off to the nearest half-hour.
27.5 icare will elect whether to pay the accommodation directly
or whether a staff member should pay the accommodation and be compensated in
accordance with this clause. Where
practicable, staff members shall obtain prior approval when making their own
arrangements for overnight accommodation.
27.6 Subject to
subclause 27.14 of this clause, a staff member who is required by the
appropriate People Leader to work from a temporary work location shall be
compensated for accommodation, meal and incidental expenses properly and reasonably
incurred during the time actually spent away from the staff member's residence
in order to perform the work.
27.7 If meals are
provided by the Government at the temporary work location, the staff member
shall not be entitled to claim the meal allowance.
27.8 For the first 35
days, the payment shall be:
27.8.1 where
icare elects to pay the accommodation provider the
staff member shall receive:
(a) the appropriate meal allowance in accordance with Item 1 of
Table 5 - Allowances of Part F Monetary Rates and
(b) incidentals as set out in Item 3 of Table 5 - Allowances of
Part F Monetary Rates, and
(c) actual meal expenses properly and reasonably incurred
(excluding morning and afternoon teas) for any residual part day travel;
27.8.2 where
icare elects not to pay the accommodation provider
the staff member shall elect to receive either:
(a) the appropriate
rate of allowance specified in Item 2 of Table 5 - Allowances of Part F Monetary Rates, and actual meal expenses properly and
reasonably incurred (excluding morning and afternoon teas) for any residual
part day travel; OR
(b) in lieu of subparagraph (a) of this paragraph, payment of
the actual expenses properly and reasonably incurred for the whole trip on
official business (excluding morning and afternoon teas) together with an
incidental expenses allowance set out in Item 2 of Table 5 - Allowances of Part
F Monetary Rates.
27.9 Payment of the
appropriate allowance for an absence of less than 24 hours may be made only
where the staff member satisfies the appropriate People Leader that, despite
the period of absence being of less than 24 hours duration, expenditure for
accommodation and three meals has been incurred.
27.10 Where a staff
member is unable to so satisfy the appropriate People Leader, the allowance
payable for part days of travel shall be limited to the expenses incurred
during such part day travel.
27.11 After the first 35
days - If a staff member is required by the appropriate People Leader to work
in the same temporary work location for more than 35 days, such staff member
shall be paid the appropriate rate of allowance as specified in Item 2 of Table
5 - Allowances of Part F Monetary Rates.
27.12 Long term
arrangements - As an alternative to the provisions after the first 35 days set
out in subclause 27.11 of this clause, icare could
make alternative arrangements for meeting the additional living expenses,
properly and reasonably incurred by a staff member working from a temporary
work location.
27.13 The return of a
staff member to their home at weekends, on rostered days off or during short
periods of leave while working from a temporary work location shall not
constitute a break in the temporary work arrangement.
27.14 This clause does
not apply to staff members who are on an employee-initiated secondment as
outlined in Part 5 of the Government
Sector Employment Act 2013.
28. Excess Travelling
Time
28.1 Excess
Travelling Time - A staff member directed by the appropriate People Leader to
travel on official business outside the usual hours of duty to perform duty at
a location other than normal headquarters will, at the appropriate People
Leader’s discretion, be compensated for such time either by:
28.1.1 Payment calculated
in accordance with the provisions contained in this clause; or
28.1.2 If it is
operationally convenient, by taking equivalent time off in lieu to be granted
for excess time spent in travelling on official business. Such time in lieu must be taken within 1
month of accrual unless otherwise authorised by the staff member’s manager.
28.2 Compensation
under paragraphs 28.1.1 and 28.1.2 of this clause shall be subject to the
following conditions:
28.2.1 On a non-working
day - subject to the provisions of paragraphs 28.3.4, 28.3.5, 28.3.6 and 28.3.7
of this clause, all time spent travelling on official business;
28.2.2 On a working day -
subject to the provisions of subclause 28.3 of this clause, all time spent
travelling on official business outside the usual hours of duty, provided that
the period for which compensation is being sought is more than a half an hour
on any one day.
28.3 Compensation for
excess travelling time shall exclude the following:
28.3.1 Time normally
taken for the periodic journey from home to headquarters and return;
28.3.2 Any periods of
excess travel of less than 30 minutes on any one day;
28.3.3 Travel to new
headquarters on permanent transfer, if special leave has been granted for the
day or days on which travel is to be undertaken;
28.3.4 Time from 11.00
p.m. on one day to 7.30 a.m. on the following day if sleeping facilities have
been provided.
28.3.5 Travel not
undertaken by the most practical available route and by the most practical and
economic means of transport;
28.3.6 Working on board
ship where meals and accommodation are provided;
28.3.7 Any travel
undertaken by a staff member whose salary includes an all incidents of
employment component;
28.3.8 Time within the
flex time bandwidth;
28.3.9 Travel overseas.
28.4 Payment -
Payment for travelling time calculated in terms of this clause shall be at the
staff member’s ordinary rate of pay on an hourly basis calculated as follows:
Annual salary
|
X
|
5
|
X
|
1
|
1
|
|
260.89
|
|
Normal hours of
work
|
28.5 The rate of
payment for travel or waiting time on a non-working day shall be the same as
that applying to a working day.
28.6 Staff members
whose salary is in excess of the maximum rate for Clerk, Grade 5 shall be paid
travelling time or waiting time calculated at the maximum rate for Clerk, Grade
5 plus $1.00 per annum, as adjusted from time to time.
28.7 Time off in lieu
or payment for excess travelling time or waiting time will not be granted or
made for more than eight hours in any period of 24 consecutive hours.
29. Waiting Time
When a staff member travelling on official business is
required to wait for transport in order to commence a journey to another
location or to return home or headquarters and such time is outside the normal
hours of duty, the waiting time shall be treated and compensated for in the
same manner as excess travelling time pursuant to clause 28, Excess Travelling
Time of this award
30. Meal Expenses on
One-Day Journeys
30.1 A staff member
who is authorised by the appropriate People Leader to undertake a one-day
journey on official business which does not require the staff member to obtain
overnight accommodation, shall be paid the appropriate rate of allowance set
out in Item 1 - Allowances of Table 5 of Part F
Monetary Rates for: -
30.1.1 Breakfast when
required to commence travel at or before 6.00 a.m. and at least 1 hour before
the prescribed starting time;
30.1.2 An evening meal
when required to travel until or beyond 6.30 p.m.; and
30.1.3 Lunch when
required to travel a total distance on the day of at least 100 kilometres and,
as a result, is located at a distance of at least 50 kilometres from the staff
member’s normal headquarters at the time of taking the normal lunch break.
31. Restrictions on
Payment of Travelling Allowances
31.1 An allowance
under clause 27, Travelling Compensation of this award is not payable in
respect of:
31.1.1 Any
period during which the staff member returns to their residence at weekends or
public holidays, commencing with the time of arrival at that residence
and ending at the time of departure from the residence;
31.1.2 Any period of
leave, except with the approval of the appropriate People Leader or as
otherwise provided by this clause; or
31.1.3 Any other period
during which the staff member is absent from the staff member's temporary work
location otherwise than on official duty.
31.2 A staff member
who is in receipt of an allowance under clause 27, Travelling Compensation
shall be entitled to the allowance in the following circumstances:
31.2.1 When granted
special leave to return to their residence at a weekend, for the necessary
period of travel for the journey from the temporary work location to the staff
member's residence; and for the return journey from the staff member's
residence to the temporary work location, or
31.2.2 When leaving a
temporary work location on ceasing to perform duty at or from a temporary work
location, for the necessary period of travel to return to the staff member's
residence or to take up duty at another temporary work location;
but is not entitled to any
other allowance in respect of the same period.
32. Increase Or Reduction in Payment of Travelling Allowances
32.1 Where the Group
Executive is satisfied that a travelling allowance is:
32.1.1 Insufficient to
adequately reimburse the staff member for expenses properly and reasonably
incurred, a further amount may be paid to reimburse the staff member for the
additional expenses incurred; or
32.1.2 In excess of the
amount which would adequately reimburse the staff member for expenses properly
and reasonably incurred, the allowance may be reduced to an amount which would
reimburse the staff member for expenses incurred properly and reasonably.
33. Production of
Receipts
Payment of any actual expenses shall be subject to the
production of receipts, unless the Group Executive is prepared to accept other
evidence from the staff member.
34. Travelling
Distance
The need to obtain overnight accommodation shall be
determined by the appropriate People Leader having regard to the safety of the
staff member or members travelling on official business and local conditions
applicable in the area. Where staff members are required to attend conferences
or seminars which involve evening sessions or staff members are required to
make an early start at work in a location away from their normal workplace,
overnight accommodation shall be appropriately granted by the appropriate
People Leader.
SECTION 4 - ALLOWANCES AND OTHER MATTERS
35. Allowance Payable
for Use of Private Motor Vehicle
35.1 The appropriate
People Leader may authorise a staff member to use a private motor vehicle for
work where:
35.1.1 Such use will
result in greater efficiency or involve icare in less
expense than if travel were undertaken by other means; or
35.1.2 Where the staff
member is unable to use other means of transport due to a disability.
35.2 A staff member
who, with the approval of the appropriate People Leader, uses a private motor
vehicle for work shall be paid an appropriate rate of allowance specified in
Item 4 of Table 5 of Part F Monetary Rates for the
use of such private motor vehicle. A
deduction from the allowance payable is to be made for travel as described in
subclause 35.4 of this clause.
35.3 Different levels
of allowance are payable for the use of a private motor vehicle for work
depending on the circumstances and the purpose for which the vehicle is used.
35.3.1 The casual rate is
payable if a staff member elects, with the approval of the appropriate People
Leader, to use their vehicle for occasional travel for work. This is subject to the allowance paid for the
travel not exceeding the cost of travel by public or other available transport.
35.3.2 The official
business rate is payable if a staff member is directed, and agrees, to use the
vehicle for official business and there is no other transport available. It is also payable where the staff member is
unable to use other transport due to a disability. The official business rate includes a
component to compensate a staff member for owning and maintaining the vehicle.
35.4 Deduction from
allowance
35.4.1 Except as
otherwise specified in this award, a staff member shall bear the cost of
ordinary daily travel by private motor vehicle between the staff member's
residence and headquarters and for any distance travelled in a private capacity.
A deduction will be made from any motor vehicle allowance paid, in respect of
such travel.
35.4.2 In this subclause
"headquarters" means the administrative headquarters to which the
staff member is attached or from which the staff member is required to operate
on a long term basis or the designated headquarters per paragraph 35.4.3 of
this subclause.
35.4.3 Designated
headquarters
(a) Where the
administrative headquarters of the staff member to which they are attached is
not within the typical work area in which the staff member is required to use
the private vehicle on official business, the distance to and from a point
designated within the typical work area is to be adopted as the distance to and
from the headquarters for the purpose of calculating the daily deduction.
(b) A staff
member's residence may be designated as their headquarters provided that such
recognition does not result in a further amount of allowance being incurred
than would otherwise be the case.
35.4.4 On days when a staff
member uses a private vehicle for official business and travels to and from
home, whether or not the staff member during that day visits headquarters, a
deduction is to be made from the total distance travelled on the day. The deduction is to equal the distance from
the staff member's residence to their headquarters and return or 20 kilometres
(whichever is the lesser) and any distance that is travelled in a private
capacity.
35.4.5 Where a
headquarters has been designated per paragraph 35.4.3 of this subclause and the
staff member is required to attend the administrative headquarters, the
distance for calculating the daily deduction is to be the actual distance to
and from the administrative headquarters, or, to and from the designated
headquarters, whichever is the lesser.
35.4.6 Deductions are not
to be applied in respect of days characterised as follows.
(a) When staying
away from home overnight, including the day of return from any itinerary.
(b) When the
employee uses the vehicle on official business and returns it to home prior to
travelling to the headquarters by other means of transport at their own
expense.
(c) When the
employee uses the vehicle for official business after normal working hours.
(d) When the
monthly claim voucher shows official use of the vehicle has occurred on one day
only in any week. Exemption from the deduction under this subparagraph is
exclusive of, and not in addition to, days referred to in subparagraphs
(a), (b) and (c) of this paragraph.
(e) When the
employee buys a weekly or other periodical rail or bus ticket, provided icare is satisfied that:
(i) at the time of purchasing the periodical ticket the employee
did not envisage the use of their private motor vehicle on approved official
business;
(ii) the periodical ticket was in fact purchased; and
(iii) in regard to train travellers, no allowance is to be paid in
respect of distance between the staff member’s home and the railway station or
other intermediate transport stopping place.
35.5 The staff member
must have in force, in respect of a motor vehicle used for work, in addition to
any policy required to be effected or maintained under the Motor Vehicles (Third Party Insurance) Act, 1942 (NSW), a
comprehensive motor vehicle insurance policy to an amount and in a form
approved by the appropriate People Leader.
35.6 Expenses Such as
Tolls Etc. Shall be Refunded to Staff Members Where
the Charge Was Incurred During Approved Work Related Travel.
35.7 Where a staff
member tows a trailer or horse-float during travel resulting from approved work
activities while using a private vehicle, the staff member shall be entitled to
an additional allowance as prescribed in Item 4 of Table 5 - Allowances of Part
F, Monetary Rates.
36. Damage to Private
Motor Vehicle Used for Work
36.1 Where a private
vehicle is damaged while being used for work, any normal excess insurance
charges prescribed by the insurer shall be reimbursed by icare,
provided:
36.1.1 The damage is not
due to gross negligence by the staff member; and
36.1.2 The charges
claimed by the staff member are not the charges prescribed by the insurer as
punitive excess charges.
36.2 Provided the
damage is not the fault of the staff member, icare
shall reimburse to a staff member the costs of repairs to a broken windscreen,
if the staff member can demonstrate that:
36.2.1 The damage was
sustained on approved work activities; and
36.2.2 The costs cannot
be met under the insurance policy due to excess clauses.
37. Overseas Travel
Unless the Group Executive determines that a staff
member shall be paid travelling rates especially determined for the occasion, a
staff member required by icare to travel overseas on
official business shall be paid the appropriate overseas travelling allowance
rates as specified in the relevant Department of Premier and Cabinet Circular
as issued from time to time.
38. Exchanges
38.1 The Group
Executive may arrange two way or one way exchanges with other organisations
both public and private, if icare or the staff member
will benefit from additional training and development which is intended to be
used in the carrying out of icare’s business.
38.2 The conditions
applicable to those staff members who participate in exchanges will be
determined by the Group Executive according to the individual circumstances in
each case (Item 6 of Table 5 - Allowances of Part F, Monetary Rates).
38.3 The provisions
of this subclause do not apply to the loan of services of staff members to the
Association. The provisions of clause 48,
Conditions Applying to On Loan Arrangements of this Award apply to staff
members who are loaned to the Association.
39. Room at Home Used
as Office
39.1 Where no office
is provided in a particular location - Where it is impractical to provide an
office in a particular location, staff members stationed in such a location may
be required to use a spare room at their home as an office. In such cases, icare will be responsible for providing furniture,
telephone and other equipment, as required. In addition, an allowance as
specified in Item 7 of Table 5 - Allowances of Part F, Monetary Rates is
payable for the use of a room at home as an office.
39.2 Where an office
exists in a particular location - Where an office or offices already exist in a
particular location but the staff member and the manager agree that the staff
member could work from home on a short term or longer term basis, the
arrangement shall be negotiated in accordance with icare
policy. The allowance set out in subclause 39.1 of this clause shall not apply
in these circumstances.
39.3 Requirements -
Arrangements under subclauses 39.1 or 39.2 of this clause shall be subject to:
39.3.1 A formal agreement
being reached in respect of the hours to be worked; and
39.3.2 The duties of the
Person Conducting the Business or Undertaking under relevant Work Health Safety
legislation to provide a safe work environment.
40. Uniforms,
Protective Clothing and Laundry Allowance
40.1 Uniform, etc.
provided by icare - A staff member who is required or
authorised by icare to wear a uniform, protective
clothing or other specialised clothing in connection with the performance of
official duties shall be provided by icare with such
clothing and shall be paid an allowance at the rate specified in Item 9 of
Table 5 - Allowances of Part F, Monetary Rates for laundering the uniform or
protective clothing.
40.2 Where payment of
the laundry allowance is not appropriate because of the specialised nature of
the clothing, the cost of maintaining such clothing shall be met by icare.
40.3 Uniform, etc.
provided by the staff member - Where the uniform, protective clothing or other
specialised clothing is provided by the staff member, such staff member shall
be reimbursed the cost of the uniform, protective clothing or other specialised
clothing.
41. Compensation for
Damage to Or Loss of Staff Member’s Personal Property
41.1 Where damage to
or loss of the staff member's personal property occurs in the course of
employment, a claim may be lodged under the Workers
Compensation Act 1987 and/or under any insurance policy of icare covering the damage to or loss of the personal
property of the staff member.
41.2 If a claim under
subclause 41.1 of this clause is rejected by the insurer, the Group Executive
may compensate a staff member for the damage to or loss of personal property,
if such damage or loss:
41.2.1 Is due to the
negligence of icare, another staff member, or both,
in the performance of their duties; or
41.2.2 Is caused by a
defect in a staff member's material or equipment; or
41.2.3 Results from a
staff member’s protection of or attempt to protect icare
property from loss or damage.
41.3 Compensation in
terms of subclause 41.2 of this clause shall be limited to the amount necessary
to repair the damaged item. Where the item cannot be repaired or is lost, the
Group Executive may pay the cost of a replacement item, provided the item is
identical to or only marginally different from the damaged or lost item and the
claim is supported by satisfactory evidence as to the price of the replacement
item.
41.4 For the purpose
of this clause, personal property means a staff member's clothes, spectacles,
hearing-aid, tools of trade or similar items which are
ordinarily required for the performance of the staff member’s duties.
41.5 Compensation for
the damage sustained shall be made by icare where, in
the course of work, clothing or items such as spectacles, hearing aids, etc.,
are damaged or destroyed by natural disasters or by theft or vandalism.
42. Community Language
Allowance Scheme (CLAS)
42.1 Staff members
who possess a basic level of competence in a community language and who work in
locations where their community language is utilised at work to assist clients
and such staff members are not:
42.1.1 Employed as
interpreters and translators; and
42.1.2 Employed in those
positions where particular language skills are an integral part of essential
requirements of the position,
shall be paid an allowance as
specified in Item 10 of Table 5 - Allowances of Part F
Monetary Rates, subject to subclauses 42.2 and 42.3 of this clause.
42.2 The base level
of the CLAS is paid to staff members who:
42.2.1 are
required to meet occasional demands for language assistance (there is no
regular pattern of demand for their skill); and
42.2.2 have
passed an examination administered by the Community Relations Commission, or
who have a National Accreditation Authority for Translators and Interpreters
(NAATI) language Recognition award.
42.3 The higher level
of CLAS is paid to staff members who meet the requirements for the base level
of payment and:
42.3.1 are regularly
required to meet high levels of customer demand involving a regular pattern of
usage of the staff member’s language skills, as determined by the appropriate
People Leader; or
42.3.2 have
achieved qualifications of NAATI interpreter level or above. This recognises
that staff with higher levels of language skill will communicate with an
enhanced degree of efficiency and effectiveness.
43. First Aid
Allowance
43.1 A staff member
appointed as a First Aid Officer shall be paid a first aid allowance at the
rate appropriate to the qualifications held by such staff member as specified
in Item 11 of Table 5 - Allowances of Part F, Monetary Rates.
43.2 The First Aid
Allowance - Basic Qualifications rate will apply to a staff member appointed as
a First Aid Officer who holds a St John’s Ambulance Certificate or equivalent
qualifications (such as the Civil Defence or the Red Cross Society’s First Aid
Certificates) issued within the previous three years.
43.3 The Holders of
current Occupational First Aid Certificate Allowance rate will apply to a staff
member appointed as a First Aid Officer who:
43.3.1 is
appointed to be in charge of a First-Aid room in a workplace of 200 or more
staff members (100 for construction sites); and
43.3.2 holds
an Occupational First-Aid Certificate issued within the previous three years.
43.4 The First Aid
Allowance shall not be paid during leave of one week or more.
43.5 When the First
Aid Officer is absent on leave for one week or more and another qualified staff
member is selected to relieve in the First Aid Officer's position, such staff
member shall be paid a pro rata first aid allowance for assuming the duties of
a First Aid Officer.
43.6 First Aid
Officers may be permitted to attend training and retraining courses conducted
during normal hours of duty. The cost of training
staff members who do not already possess qualifications and who need to be
trained to meet icare’s needs, and the cost of retraining
First Aid Officers, are to be met by icare.
44. Review of
Allowances Payable in Terms of This Award
44.1 Adjustment of
Allowances - Allowances contained in this award shall be reviewed as follows:
44.1.1 Allowances listed
in this paragraph will be determined at a level consistent with the reasonable
allowances amounts for the appropriate income year as published by the
Australian Taxation Office (ATO):
(a) Clause
27, Travelling Compensation;
(b) Clause 30, Meal
Expenses on One Day Journeys; and
(c) Clause 87,
Overtime Meal Allowances.
44.1.2 Allowances listed
in this paragraph will be determined and become effective from 1 July each year
at a level consistent with the reasonable allowances amounts as published at or
before that time in the Federal Budget or by the Australian Taxation Office
(ATO) if not provided in the Federal Budget:
(a) Clause
35, Allowances Payable for the Use of Private Motor Vehicle.
44.1.3 Allowances payable
in terms of clauses listed in this paragraph shall be adjusted on 1 July each
year in line with the increases in the Consumer Price Index for Sydney during
the preceding year (March quarter figures):
(a) Clause 39, Room
at Home Used as Office; and
(b) Clause 87,
Overtime Meal Allowances.
44.1.4 Allowances payable
in terms of clauses listed in this paragraph shall continue to be subject to a
percentage increase under a Public Sector Award, Agreement or Determination and
shall be adjusted on and from the date or pay period the percentage increase
takes effect:
(a) Clause 42,
Community Language Allowance Scheme (CLAS);
(b) Clause 43,
First Aid Allowance;
(c) Clause
85, On-Call (Stand-by) and On-Call Allowance.
SECTION 5 - UNION CONSULTATION, ACCESS AND ACTIVITIES
45. Trade Union
Activities Regarded as on Duty
45.1 An Association
delegate will be released from the performance of normal duties when required
to undertake any of the activities specified below. While undertaking such
activities the Association delegate will be regarded as being on duty and will
not be required to apply for leave:
45.1.1 Attendance at
meetings with workplace management or workplace management representatives;
45.1.2 A reasonable
period of preparation time, before-
(a) meetings with management;
(b) disciplinary or grievance meetings when an Association
member requires the presence of an Association delegate; and
(c) any other meeting with management,
by agreement with management,
where operational requirements allow the taking of such time;
45.1.3 Giving evidence in
court on behalf of the employer;
45.1.4 Appearing as a
witness before the Government and Related Employees Appeal Tribunal;
45.1. 5 Representing the Association at the Government and Related
Employees Appeal Tribunal as an advocate or as a Tribunal Member;
45.1.6 Presenting
information on the Association and Association activities at induction sessions
for new staff of icare; and
45.1.7 Distributing
official Association publications or other authorised material at the
workplace, provided that a minimum of 24 hours’ notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is
to be kept to a minimum and is to be undertaken at a time convenient to the
workplace.
46. Trade Union
Activities Regarded as Special Leave
46.1 The granting of
special leave with pay will apply to the following activities undertaken by an
Association delegate, as specified below:
46.1.1 Annual conferences
of the Association;
46.1.2 Meetings of the
Association’s Executive, Councils, Industry and Advisory Groups;
46.1.3 Annual conference
of Unions NSW and the Australian Council of Trade Unions;
46.1.4 Attendance at
meetings called by Unions NSW involving the Association which requires
attendance of a delegate;
46.1.5 Attendance at
meetings called by the Board, as the employer for industrial purposes, as and
when required;
46.1.6 Giving evidence
before an Industrial Tribunal as a witness for the Association;
46.1.7 Reasonable
travelling time to and from conferences or meetings to which the provisions of
clauses 45, 46 and 47 apply.
47. Trade Union
Training Courses
47.1 Courses
organised and conducted by the Trade Union Education Foundation or by the
Association or a training provider nominated by the Association will attract
the grant of special leave. A maximum of 12 working days in any period of 2
years applies to this training and is subject to: -
47.1.1 The operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
47.1.2 Payment being at
the base rate, i.e. excluding extraneous payments such as shift
allowance/penalty rates, overtime, etc.;
47.1.3 All travelling and
associated expenses being met by the staff member or the Association;
47.1.4 Attendance being
confirmed in writing by the Association or a nominated training provider.
48. Conditions
Applying to on Loan Arrangements
48.1 Subject to the
operational requirements of the workplace, on loan arrangements will apply to
the following activities:
48.1.1 Meetings interstate
or in NSW of a Federal nature to which an Association member has been nominated
or elected by the Association: -
(a) As an Executive
Member; or
(b) A member of a
Federal Council; or
(c) Vocational or
industry committee.
48.1.2 Briefing counsel
on behalf of the Association;
48.1.3 Assisting
Association officials with preparation of cases or any other activity outside
their normal workplace at which the delegate is required to represent the
interests of the Association;
48.1.4 Country tours undertaken
by a member of the executive or Council of the Association;
48.1.5 Taking up of full
time duties with the Association if elected to the office of President, General
Secretary or to another full time position with the Association.
48.1.6 Financial
Arrangements - The following financial arrangements apply to the occasions when
a staff member is placed "on loan" to the Association: -
(a) icare will continue to pay the
delegate or an authorised Association representative whose services are on loan
to the Association;
(b) icare will seek reimbursement from
the Association at regular intervals of all salary and associated on costs,
including superannuation, as specified by the NSW Treasury from time to time.
(c) Agreement with
the Association on the financial arrangements must be reached before the on
loan arrangement commences and must be documented in a manner negotiated
between icare and the Association.
48.1.7 Recognition of
"on loan" arrangement as service - On loan arrangements negotiated in
terms of this clause are to be regarded as service for the accrual of all leave
and for incremental progression.
48.1.8 Limitation - On
loan arrangements may apply to full-time or part-time staff and are to be kept
to the minimum time required. Where the Association needs to extend an on loan
arrangement, the Association shall approach the Chief People Officer in writing
for an extension of time well in advance of the expiration of the current
period of on loan arrangement.
48.1.9 Where the Chief
People Officer and the Association cannot agree on the on loan arrangement, the
matter is to be referred to the CEO&MD for determination after consultation
with the Chief People Officer and the Association.
49. Period of Notice
for Trade Union Activities
The Chief People Officer must be notified in writing by
the Association or, where appropriate, by the accredited delegate as soon as
the date and/or time of the meeting, conference or other accredited activity is
known.
50. Access to
Facilities by Trade Union Delegates
49.1 The workplace
shall provide accredited delegates with reasonable access to the following
facilities for authorised Association activities:
50.1.1 Telephone,
facsimile, internet and email facilities;
50.1.2 A notice board for
material authorised by the Association or access to staff notice boards for
material authorised by the Association;
50.1.3 Workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the Association.
51. Responsibilities
of the Trade Union Delegate
51.1 Responsibilities
of the Association delegate are to:
51.1.1 Establish
accreditation as a delegate with the Association and provide proof of
accreditation to the workplace;
51.1.2 Participate in the
workplace consultative processes, as appropriate;
51.1.3 Follow the dispute
settling procedure applicable in the workplace;
51.1.4 Provide sufficient
notice to the immediate supervisor of any proposed absence on authorised
Association business;
51.1.5 Account for all
time spent on authorised Association business;
51.1.6 When special leave
is required, to apply for special leave in advance;
51.1.7 Distribute
Association literature/membership forms, under local arrangements negotiated
between the Chief People Officer and the Association; and
51.1.8 Use any facilities
provided by the workplace properly and reasonably as negotiated at
organisational level.
52. Responsibilities
of the Trade Union
52.1 Responsibilities
of the Association are to:
52.1.1 Provide written
advice to the Chief People Officer about an Association activity to be
undertaken by an accredited delegate and, if requested, to provide written
confirmation to the workplace management of the delegate's
attendance/participation in the activity;
52.1.2 Meet all
travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in paragraph 53.1.3 of Responsibilities of
Workplace Management of this Award;
52.1.3 Pay promptly any
monies owing to the workplace under a negotiated on loan arrangement;
52.1.4 Provide proof of
identity when visiting a workplace in an official capacity, if requested to do
so by management;
52.1.5 Apply to the Chief
People Officer well in advance of any proposed extension to the "on
loan" arrangement;
52.1.6 Assist the
workplace management in ensuring that time taken by the Association delegate is
accounted for and any facilities provided by the employer are used reasonably
and properly; and
52.1.7 Advise employer of
any leave taken by the Association delegate during the on loan arrangement.
53. Responsibilities
of Workplace Management
53.1 Where time is
required for Association activities in accordance with this clause the
responsibilities of the workplace management are to:
53.1.1 Release the
accredited delegate from duty for the duration of the Association activity, as
appropriate, and, where necessary, to allow for sufficient travelling time
during the ordinary working hours;
53.1.2 Advise the
workplace delegate of the date of the next induction session for new staff
members in sufficient time to enable the Association to arrange representation
at the session;
53.1.3 Meet the travel
and/or accommodation costs properly and reasonably incurred in respect of
meetings called by the workplace management;
53.1.4 Where possible, to
provide relief in the position occupied by the delegate in the workplace, while
the delegate is undertaking Association responsibilities to assist with the
business of workplace management;
53.1.5 Re-credit any
other leave applied for on the day to which special leave or release from duty
subsequently applies;
53.1.6 Where an
Association activity provided under this clause needs to be undertaken on the
Association delegate's rostered day off or during an approved period of flexi
leave, to apply the provisions of paragraph 53.1.5;
53.1.7 To continue to pay
salary during an "on loan" arrangement negotiated with the
Association and to obtain reimbursement of salary and on-costs from the
Association at regular intervals, or as otherwise agreed between the parties if
long term arrangements apply;
53.1.8 To verify with the
Association the time spent by an Association delegate or delegates on
Association business, if required; and
53.1.9 If the time and/or
the facilities allowed for Association activities are thought to be used
unreasonably and/or improperly, to consult with the Association before taking
any remedial action.
54. Right of Entry
Provisions
The right of entry provisions shall be as prescribed
under the relevant Work Health and Safety legislation and the Industrial Relations Act 1996.
55. Travelling and
Other Costs of Trade Union Delegates
55.1 Except as
specified in paragraph 53.1.3 of Responsibilities of Workplace Management of
this Award, all travel and other costs incurred by accredited Association
delegates in the course of Association activities will be paid by the
Association.
55.2 In respect of
meetings called by the workplace management in terms of paragraph 53.1.3 of Responsibilities
of Workplace Management of this Award, the payment of travel and/or
accommodation costs, properly and reasonably incurred, is to be made, as
appropriate, on the same conditions as apply under clauses 27, Travelling
Compensation, 30, Meal Expenses on One-Day Journeys, or 31, Restrictions on
Payment of Travelling Allowances of this Award.
55.3 No overtime,
leave in lieu, shift penalties or any other additional costs will be claimable
by a staff member from icare, in respect of
Association activities covered by special leave or on duty activities provided
for in this clause.
55.4 The on loan
arrangements shall apply strictly as negotiated and no extra claims in respect
of the period of on loan shall be made on icare by
the Association or the staff member.
56. Industrial Action
56.1 Provisions of
the Industrial Relations Act 1996
shall apply to the right of Association members to take lawful industrial
action (Note the obligations of the parties under clause 8, Grievance and
Dispute Settling Procedures).
56.2 There will be no
victimisation of staff members prior to, during or following such industrial
action.
57. Consultation and
Technological Change
There shall be effective means of consultation, as set
out in the relevant Consultative Arrangements Policy and Guidelines document,
on matters of mutual interest and concern, both formal and informal, between icare and Association.
58. Deduction of Trade
Union Membership Fees
At the staff member’s election, the Chief People
Officer shall provide for the staff member’s Association membership fees to be
deducted from the staff member’s pay and ensure that such fees are transmitted
to the staff member’s Association at regular intervals. Alternative
arrangements for the deduction of Association membership fees may be negotiated
between the Chief People Officer and the Association in accordance with clause
10, Local Arrangements of this Award.
SECTION 6 - LEAVE
59. Leave - General
Provisions
59.1 The leave
provisions contained in this Award apply to all staff members other than those
to whom arrangements apply under another industrial instrument or under a local
arrangement negotiated between the Chief People Officer and the Association in
terms of clause 10, Local Arrangements of this Award.
59.2 Unless otherwise
specified, part-time staff members will receive the paid leave provisions of
this Award on a pro rata basis, calculated according to the number of hours
worked per week.
59.3 Where paid and
unpaid leave is available to be granted in terms of this award, paid leave
shall be taken before unpaid leave.
60. Absence from Work
60.1 A staff member
must not be absent from work unless reasonable cause is shown.
60.2 If a staff
member is to be absent from duty because of illness or other emergency, the
staff member shall notify or arrange for another person to notify the
supervisor as soon as possible of the staff member's absence and the reason for
the absence.
60.3 If a
satisfactory explanation for the absence, is not provided, the staff member
will be regarded as absent from duty without authorised leave and the
appropriate People Leader shall deduct from the pay of the staff member the
amount equivalent to the period of the absence.
60.4 The minimum
period of leave available to be granted shall be a quarter day, unless local
arrangements negotiated in the workplace allow for a lesser period to be taken.
60.5 Nothing in this
clause affects any proceedings for a breach of discipline against a staff
member who is absent from duty without authorised leave.
61. Applying for Leave
61.1 An application
by a staff member for leave under this award shall be made to and dealt with by
the appropriate People Leader.
61.2 The appropriate
People Leader shall deal with the application for leave according to the wishes
of the staff member, if the operational requirements of icare
permit this to be done.
62. Extended Leave
62.1 Definition of "service"
62.1.1 For the purposes
of Extended leave, service includes:
(a) in the case of
a staff member who has completed at least 10 years’ service-any period of leave
without pay, not exceeding 6 months, taken after 13 December 1963, and
(b) service occurring before 24 February 2014, including service
of the kind referred to in paragraph (a).
62.1.2 Subject to clauses
62.2.3 and 62.3.3 for the purpose of determining whether or not a staff member
has completed at least 10 years’ service, as referred to in subclause 62.1.1(a),
the staff member’s period of service is taken:
(a) to include any period of leave without pay taken before 13
December 1963, and
(b) to exclude any period of leave without pay taken after 13
December 1963.
62.2 Extended leave
entitlements generally
62.2.1 After service for
7 years or more but not more than 10 years, a staff member is entitled to
extended leave, proportionate to his or her length of service, calculated at
the rate of:
(a) 2 months on
full pay, or
(b) 4 months on
half pay, or
(c) one month on
double pay,
for 10 years served.
62.2.2 After service for
more than 10 years, a staff member is entitled to extended leave under
subclause 62.2.1 in respect of the first 10 years and additional extended
leave, proportionate to his or her length of service, calculated at the rate
of:
(a) 5 months on
full pay, or
(b) 10 months on
half pay, or
(c) 2.5 months on
double pay,
for each 10 years served after
the first 10 years.
62.2.3 For the purposes
of this clause, service includes any period of leave without pay taken before
13 December 1963.
62.3 Entitlement to
extended leave if employment terminated in special circumstances
62.3.1 This clause
applies to a staff member with at least 5 years’ service but less than 7 years’
service whose services are terminated:
(a) by the staff member for reasons of illness, incapacity or domestic
or other pressing necessity, or
(b) by icare for reasons other than
for misconduct.
62.3.2 The staff member
is entitled to:
(a) for 5 years’ service-one month’s leave on full pay, and
(b) for further service in excess of 5 years-additional
leave proportionate to the staff member’s length of service (up to but not
including 7 years), calculated at the rate of 3 months’ leave for 15 years’
service.
62.3.3 For the purposes
of this clause, service does not include any period of leave without pay, whether
taken before, on or after 13 December 1963.
62.4 Payment of
accrued leave on termination of employment
62.4.1 If a staff member has acquired a right
to extended leave and his or her services are terminated, the staff member may
not take the extended leave but is instead to be paid the money value of the
extended leave.
62.4.2 Any pension to
which any such staff member is entitled under the Superannuation Act 1916 commences from and including the date on
which the staff members’ extended leave, if taken, would have commenced.
62.5 Leave to be paid
out to dependants in cases of death
62.5.1 If a staff member
has acquired a right to extended leave and dies before starting it, or after
starting it dies before completing it:
(a) the staff member’s spouse, or
(b) if there is no such spouse, the staff member’s children, or
(c) if there is no
such spouse or child, the person who, in the opinion of the Chief People
Officer, was, at the time of the staff member’s death, a dependent relative of
the staff member,
is entitled to receive the
money value of the extended leave not taken or not completed.
62.5.2 If a staff member
with at least 5 years’ service but less than 7 years’ service dies:
(a) the staff member’s spouse, or
(b) if there is no such spouse, the staff member’s children, or
(c) if there is no
such spouse or child, the person who, in the opinion of the Chief People
Officer, was, at the time of the staff member’s death, a dependent relative of
the staff member,
is entitled to receive the money value of the extended
leave that would have accrued to the staff member had his or her services
terminated as referred to in clause 62.3.1.
62.5.3 If there is a
guardian of any child referred to in subclause 62.5.1(b) or 62.5.2(b), the
payment to which the child is entitled may be made to the child’s guardian for
the child’s maintenance, education and advancement.
62.5.4 If:
(a) no person is entitled to receive a payment under subclause
62.5.1 or 62.5.2, or
(b) it appears to the Chief People Officer that more than one
person is entitled as a spouse to a payment under subclause 62.5.1 or 62.5.2,
the payment must instead be
made to the staff member’s personal representatives.
62.5.5 Any payment under this clause is in addition to
any payment due under any Act under which superannuation benefits are paid.
62.5.6 In this clause, spouse of a staff member
includes a de facto partner of the staff member at the time of his or her
death.
Note. De facto partner is defined in section 21C of the
Interpretation Act 1987.
62.6 Leave
entitlement reduced by leave already taken or paid out
62.6.1 The following
amounts of extended leave are to be deducted from a staff member’s extended
leave entitlement:
(a) for each period of extended leave taken on full pay-the
number of days (or parts of a day) so taken,
(b) for each period of extended leave taken on half pay-half the
number of days (or parts of a day) so taken,
(c) for each period of extended leave taken on double pay-twice
the number of days (or parts of a day) so taken,
(d) for each period of extended leave in respect of which the
staff member has been paid the money value-the number of days of extended leave
on full pay that is equivalent to the money paid.
62.6.2 If a public
holiday occurs while a staff member is taking extended leave, the amount of
extended leave to be deducted is to be reduced by the length of the holiday
(one day or half a day, as the case requires).
62.6.3 In subclause
62.6.2, public holiday means any special or public holiday for which the staff
member is entitled to payment.
63. Family and
Community Service Leave
63.1 The appropriate
People Leader shall grant to a staff member some, or all of their accrued
family and community service leave on full pay, for reasons relating to
unplanned and emergency family responsibilities or other emergencies as
described in subclause 63.2 of this clause. The appropriate People Leader may
also grant leave for the purposes in subclause 63.3 of this clause. Non-emergency appointments or duties shall be
scheduled or performed outside of normal working hours or through approved use
of flexible working arrangements or other appropriate leave.
63.2 Such unplanned
and emergency situations may include, but not be limited to, the following: -
63.2.1 Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
63.2.2 Emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove furniture and effects;
63.2.3 Emergency or
weather conditions; such as when flood, fire, snow or disruption to utility
services etc, threatens a staff member’s property
and/or prevents a staff member from reporting for duty;
63.2.4 Attending to
unplanned or unforeseen family responsibilities, such as attending child's
school for an emergency reason or emergency cancellations by child care
providers;
63.2.5 Attendance at
court by a staff member to answer a charge for a criminal offence, only if the
appropriate People Leader considers the granting of family and community
service leave to be appropriate in a particular case.
63.3 Family and
community service leave may also be granted for:
63.3.1 An absence during
normal working hours to attend meetings, conferences or to perform other
duties, for staff members holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the staff member does not hold a position of Mayor of a Council or
Chairperson of a County Council; and
63.3.2 Attendance as a
competitor in major amateur sport (other than Olympic or Commonwealth Games)
for staff members who are selected to represent Australia or the State.
63.4 The definition
of "family" or "relative" in this clause is the same as
that provided in paragraph 73.4.2 of Sick Leave to Care for a Family Member of
this Award.
63.5 Family and
community service leave shall accrue as follows:
63.5.1 two
and a half days in the staff member’s first year of service;
63.5.2 two and a half
days in the staff member’s second year of service; and
63.5.3 one day per year
thereafter.
63.6 If available
family and community service leave is exhausted as a result of natural
disasters, the Group Executive shall consider applications for additional
family and community service leave, if some other emergency arises.
63.7 If available
family and community service leave is exhausted, on the death of a family
member or relative, additional paid family and community service leave of up to
2 days may be granted on a discrete, per occasion basis to a staff member.
63.8 In cases of
illness of a family member for whose care and support the staff member is
responsible, paid sick leave in accordance with clause 82, Sick Leave to Care
for a Sick Family Member of this award shall be granted when paid family and
community service leave has been exhausted or is unavailable.
63.9 The appropriate
People Leader may also grant staff members other forms of leave such as accrued
recreation leave, time off in lieu, flex leave and so on for family and
community service leave purposes.
64. Leave Without Pay
64.1 The appropriate
People Leader may grant leave without pay to a staff member if good and
sufficient reason is shown.
64.2 Leave Without
Pay May be Granted on a Full-Time Or a Part-Time
Basis.
64.3 Where a staff
member is granted leave without pay for a period not exceeding 10 consecutive
working days, the staff member shall be paid for any proclaimed public holidays
falling during such leave without pay.
64.4 Where a staff
member is granted leave without pay which, when aggregated, does not exceed 5
working days in a period of twelve (12) months, such leave shall count as
service for incremental progression and accrual of recreation leave.
64.5 A staff member
who has been granted leave without pay shall not engage in employment of any
kind during the period of leave without pay, unless prior approval has been
obtained from the Group Executive.
64.6 A staff member
shall not be required to exhaust accrued paid leave before proceeding on leave
without pay but, if the staff member elects to combine all or part of accrued
paid leave with leave without pay, the paid leave shall be taken before leave
without pay.
64.7 No paid leave
shall be granted during a period of leave without pay.
64.8 A permanent
appointment may be made to the staff member’s position if:
64.8.1 the
leave without pay has continued or is likely to continue beyond the original
period of approval and is for a total period of more than 12 months; and
64.8.2 the
staff member is advised of icare’s proposal to
permanently backfill their position; and
64.8.3 the
staff member is given a reasonable opportunity to end the leave without pay and
return to their position; and
66.8.4 icare advised the staff member at
the time of the subsequent approval that the position will be filled on a
permanent basis during the period of leave without pay.
64.9 The position
cannot be filled permanently unless the above criteria are satisfied.
64.10 The staff member
does not cease to be employed by icare if their
position is permanently backfilled.
64.11 Subclause 64.8 of
this clause does not apply to full-time unpaid parental leave granted in
accordance with subparagraph 67.9.1(a) of Parental Leave or to military leave.
65. Military Leave
65.1 During the
period of 12 months commencing on 1 July each year, the appropriate People
Leader may grant to a staff member who is a volunteer part-time member of the
Defence Forces, military leave on full pay to undertake compulsory annual
training and to attend schools, classes or courses of instruction or compulsory
parades conducted by the staff member’s unit.
65.2 In accordance
with the Defence Reserve Service
(Protection) Act 2001 (Cth), it is unlawful to
prevent a staff member from rendering or volunteering to render, ordinary
Defence Reserve Service.
65.3 Up to 24 working
days military leave per financial year may be granted by the appropriate People
Leader to members of the Naval and Military Reserves and up to 28 working days
per financial year to members of the Air Force Reserve for the activities
specified in subclause 65.1.
65.4 A
appropriate People Leader may grant a staff member special leave of up to 1 day
to attend medical examinations and tests required for acceptance as volunteer
part time members of the Australian Defence Forces.
65.5 A staff member
who is requested by the Australian Defence Forces to provide additional military
services requiring leave in excess of the entitlement specified in subclause
64.3 of this clause may be granted Military Leave Top Up
Pay by the Group Executive.
65.6 Military Leave
Top up Pay is calculated as the difference between a staff member’s ordinary
pay as if they had been at work, and the Reservist’s pay which they receive
from the Commonwealth Department of Defence.
65.7 During a period
of Military Leave Top up Pay, a staff member will continue to accrue sick
leave, recreation and extended leave entitlements, and icare
will continue to make superannuation contributions at the normal rate.
65.8 At the
expiration of military leave in accordance with subclause 65.3 or 65.4, the
staff member shall furnish to the appropriate People Leader a certificate of
attendance and details of the staff members reservist pay signed by the
commanding officer or other responsible officer.
66. Observance of
Essential Religious Or Cultural Obligations
66.1 A staff member
of:
66.1.1 Any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
66.1.2 Any ethnic or
cultural background who seeks leave for the purpose of observing any essential
cultural obligations, may be granted recreation/extended leave to credit, flex
leave or leave without pay to do so.
66.2 Provided
adequate notice as to the need for leave is given by the staff member to icare and it is operationally convenient to release the
staff member from duty, the appropriate People Leader must grant the leave
applied for by the staff member in terms of this clause.
66.3 A staff member
of any religious faith who seeks time off during daily working hours to attend
to essential religious obligations of that faith, shall be granted such time
off by the appropriate People Leader, subject to:
66.3.1 Adequate notice
being given by the staff member;
66.3.2 Prior approval
being obtained by the staff member; and
66.3.3 The time off being
made up in the manner approved by the appropriate People Leader.
66.4 Notwithstanding
the provisions of subclauses 66.1, 66.2 and 66.3, arrangements may be
negotiated between icare and the Association in terms
of clause 10, Local Arrangements of this Award to provide greater flexibility
for staff members for the observance of essential religious or cultural
obligations.
67. Parental Leave
67.1 Parental leave
includes maternity, adoption and "other parent" leave.
67.2 Maternity leave
shall apply to a staff member who is pregnant and, subject to this clause the
staff member shall be entitled to be granted maternity leave as follows:
67.2.1 For a period up to
9 weeks prior to the expected date of birth; and
67.2.2 For
a further period of up to 12 months after the actual date of birth.
67.2.3 A staff member who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
67.3 Adoption leave
shall apply to a staff member adopting a child and who will be the primary care
giver, the staff member shall be granted adoption leave as follows:
67.3.1 For a period of up
to 12 months if the child has not commenced school at the date of the taking of
custody; or
67.3.2 For such period,
not exceeding 12 months on a full-time basis, as the appropriate People Leader
may determine, if the child has commenced school at the date of the taking of
custody.
67.3.3 Special Adoption
Leave - A staff member shall be entitled to special adoption leave (without
pay) for up to 2 days to attend interviews or examinations for the purposes of
adoption. Special adoption leave may be taken as a charge against recreation
leave, extended leave, flexitime or family and community service leave.
67.4 Where maternity
or adoption leave does not apply, "other parent" leave is available
to male and female staff who apply for leave to look
after his/her child or children. Other parent leave applies as follows:
67.4.1 Short other parent
leave - an unbroken period of up to 8 weeks at the time of the birth of the
child or other termination of the spouse's or partner's pregnancy or, in the
case of adoption, from the date of taking custody of the child or children;
67.4.2 Extended other
parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the staff member as provided for in paragraph
67.4.1. Extended other parental leave may commence at any time up to 2 years
from the date of birth of the child or the taking of custody of the child.
67.5 A staff member
taking maternity or adoption leave is entitled to payment at the ordinary rate
of pay for a period of up to 14 weeks, a staff member entitled to short other
parent leave is entitled to payment at the ordinary rate of pay for a period of
up to 1 week, provided the staff member:
67.5.1 applied for parental
leave within the time and in the manner determined set out in subclause 67.10;
and
67.5.2 prior
to the commencement of parental leave, completed not less than 40 weeks'
continuous service.
67.5.3 Payment for the
maternity, adoption or short other parent leave may be made as follows:
(a) in advance as a lump sum; or
(b) fortnightly as normal; or
(c) fortnightly at half pay; or
(d) a combination of full pay and half pay.
67.6 Payment for
parental leave is at the rate applicable when the leave is taken. A staff
member holding a full time position who is on part time leave without pay when
they start parental leave is paid:
67.6.1 at
the full time rate if they began part time leave 40 weeks or less before
starting parental leave;
67.6.2 at the part time
rate if they began part time leave more than 40 weeks before starting parental
leave and have not changed their part time work arrangements for the 40 weeks;
67.6.3 at
the rate based on the average number of weekly hours worked during the 40 week
period if they have been on part time leave for more than 40 weeks but have
changed their part time work arrangements during that period.
67.7 A staff member
who commences a subsequent period of maternity or adoption leave for another
child within 24 months of commencing an initial period of maternity or adoption
leave will be paid:
67.7.1 at the rate (full
time or part time) they were paid before commencing the initial leave if they
have not returned to work; or
67.7.2 at a rate based on
the hours worked before the initial leave was taken, where the staff member has
returned to work and reduced their hours during the 24 month period; or
67.7.3 at
a rate based on the hours worked prior to the subsequent period of leave where
the staff member has not reduced their hours.
67.8 Except as
provided in subclauses 67.5, 67.6 and 67.7, parental leave shall be granted
without pay.
67.9 Right to request
67.9.1 A staff member who
has been granted parental leave in accordance with subclause 67.2, 67.3 or 67.4
may make a request to the appropriate People Leader to:
(a) extend the period of unpaid parental leave for a further
continuous period of leave not exceeding 12 months;
(b) return from a
period of full time parental leave on a part time basis until the child reaches
school age (Note: returning to work from parental leave on a part time basis
includes the option of returning to work on part time leave without pay);
to assist the staff member in
reconciling work and parental responsibilities.
67.9.2 The appropriate
People Leader shall consider the request having regard to the staff member’s
circumstances and, provided the request is genuinely based on the staff
member’s parental responsibilities, may only refuse the request on reasonable
grounds related to the effect on the workplace or icare's
business. Such grounds might include
cost, lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
67.10 Notification
Requirements
67.10.1 When icare is made aware that a staff member or their spouse is
pregnant or is adopting a child, the appropriate People Leader must inform the
staff member of their entitlements and their obligations under this Award.
67.10.2 A staff
member who wishes to take parental leave must notify the appropriate People
Leader in writing at least 8 weeks (or as soon as practicable) before the
expected commencement of parental leave:
(a) that she/he intends to take parental leave, and
(b) the expected date of birth or the expected date of
placement, and
(c) if she/he is likely to make a request under subclause 66.9
of this clause.
67.10.3 At
least 4 weeks before a staff member's expected date of commencing parental
leave they must advise:
(a) the date on which the parental leave is intended to start,
and
(b) the period of leave to be taken.
67.10.4 Staff
member’s request and the appropriate People Leader’s decision to be in writing
The staff member’s request under paragraph 66.9.1 and
the appropriate People Leader’s decision made under paragraph 67.9.2 must be
recorded in writing.
67.10.5 A staff
member intending to request to return from parental leave on a part time basis
or seek an additional period of leave of up to 12 months must notify the
appropriate People Leader in writing as soon as practicable and preferably
before beginning parental leave. If the notification is not given before
commencing such leave, it may be given at any time up to 4 weeks before the
proposed return on a part time basis, or later if the appropriate People Leader
agrees.
67.10.6 A staff
member on maternity leave is to notify icare of the
date on which she gave birth as soon as she can conveniently do so.
67.10.7 A staff
member must notify icare as soon as practicable of
any change in her intentions as a result of premature delivery or miscarriage.
67.10.8 A staff
member on maternity or adoption leave may change the period of leave or
arrangement, once without the consent of icare and
any number of times with the consent of icare. In
each case she/he must give icare at least 14 days’
notice of the change unless the appropriate People Leader decides otherwise.
67.11 A staff member has
the right to her/his former position if she/he has taken approved leave or part
time work in accordance with subclause 67.9 of this clause, and she/he resumes
duty immediately after the approved leave or work on a part time basis.
67.12 If the position
occupied by the staff member immediately prior to the taking of parental leave
has ceased to exist, but there are other positions available that the staff
member is qualified for and is capable of performing, the staff member shall be
appointed to a position of the same grade and classification as the staff
member’s former position.
67.13 A staff member
does not have a right to her/his former position during a period of return to
work on a part time basis. If the appropriate People Leader approves a return
to work on a part time basis then the position occupied is to be at the same
classification and grade as the former position.
67.14 A staff member who
has returned to full time duty without exhausting their entitlement to 12
months unpaid parental leave is entitled to revert back to such leave. This may
be done once only, and a minimum of 4 weeks’ notice (or less if acceptable)
must be given.
67.15 A staff member who
is sick during her pregnancy may take available paid sick leave or accrued
recreation or extended leave or sick leave without pay. A staff member may
apply for accrued recreation leave, extended leave or leave without pay before taking
maternity leave. Any leave taken before maternity leave, ceases at the end of
the working day immediately preceding the day she starts her nominated period
of maternity leave or on the working day immediately preceding the date of
birth of the child, whichever is sooner.
67.16 A staff member may
elect to take available recreation leave or extended leave within the period of
parental leave provided this does not extend the total period of such leave.
66.17 A staff member may
elect to take available recreation leave at half pay in conjunction with
parental leave provided that:
67.17.1 accrued recreation leave at the date leave commences is
exhausted within the period of parental leave;
67.17.2 the total period of parental leave is not extended by the
taking of recreation leave at half pay;
67.17.3 when calculating other leave accruing during the period of
recreation leave at half pay, the recreation leave at half pay shall be
converted to the full time equivalent and treated as full pay leave for accrual
of further recreation, extended and other leave at the full time rate.
67.18 If, for any
reason, a pregnant staff member is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
appropriate People Leader, should, in consultation with the staff member, take
all reasonable measures to arrange for safer alternative duties. This may
include, but is not limited to greater flexibility in when and where duties are
carried out, a temporary change in duties, retraining, multi-skilling,
teleworking and job redesign.
67.19 If such
adjustments cannot reasonably be made, the appropriate People Leader must grant
the staff member maternity leave, or any available sick leave, for as long as
it is necessary to avoid exposure to that risk as certified by a medical
practitioner, or until the child is born whichever is the earlier.
66.20 Communication
during parental leave
67.20.1 Where a
staff member is on parental leave and a definite decision has been made to
introduce significant change at the workplace, icare
shall take reasonable steps to:
(a) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the staff member held
before commencing parental leave; and
(b) provide an opportunity for the staff member to discuss any
significant effect the change will have on the status or responsibility level
of the position the staff member held before commencing parental leave.
67.20.2 The
staff member shall take reasonable steps to inform the appropriate People
Leader about any significant matter that will affect the staff member’s
decision regarding the duration of parental leave to be taken, whether the
staff member intends to return to work and whether the staff member intends to
request to return to work on a part time basis.
67.20.3 The
staff member shall also notify the appropriate People Leader of changes of
address or other contact details which might affect icare’s
capacity to comply with paragraph 67.20.1.
68. Purchased Leave
68.1 A staff member
may apply to enter into an agreement with icare to
purchase either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12
month period.
68.1.1 Each application
will be considered subject to operational requirements and personal needs and
will take into account the business needs and work demands.
68.1.2 The leave must be
taken in the 12 month period specified in the Purchased Leave Agreement and
will not attract any leave loading.
68.1.3 The leave will
count as service for all purposes.
68.2 The purchased
leave will be funded through the reduction in the staff member’s ordinary rate
of pay.
68.2.1 Purchased leave
rate of pay means the rate of pay a staff member receives when their ordinary
salary rate has been reduced to cover the cost of purchased leave.
68.2.2 To calculate the
purchased leave rate of pay, the staff member’s ordinary salary rate will be reduced by the number of weeks of
purchased leave and then annualised at a pro rata rate over the 12 month period.
68.3 Purchased leave
is subject to the following provisions:
68.3.1 The purchased
leave cannot be accrued and will be refunded where it has not been taken in the
12 month period.
68.3.2 Other leave taken
during the 12 month purchased leave agreement period i.e. sick leave,
recreation leave, extended leave or leave in lieu will be paid at the purchased
leave rate of pay.
68.3.3 Sick leave cannot
be taken during a period of purchased leave.
68.3.4 The purchased
leave rate of pay will be the salary for all purposes including superannuation
and shift loadings.
68.3.5 Overtime and
salary related allowances not paid during periods of recreation leave will be
calculated using the staff member’s hourly rate based on the ordinary rate of
pay.
68.3.6 Higher Duties
Allowance will not be paid when a period of purchased leave is taken.
68.4 Specific
conditions governing purchased leave may be amended from time to time by the
Chief People Officer in consultation with the Association. The Board may make adjustments relating to
their salary administration arrangements.
69. Recreation Leave
69.1 Accrual
69.1.1 Except where
stated otherwise in this award, paid recreation leave for full time staff members
and recreation leave for staff members working part time,
accrues at the rate of 20 working days per year. Staff members working part
time shall accrue paid recreation leave on a pro rata basis, which will be
determined on the average weekly hours worked per leave year.
69.1.2 Additional
recreation leave, at the rate of 5 days per year, accrues to a staff member,
who is stationed indefinitely in a remote area of the State, being the Western
and Central Division of the State described as such in the Second Schedule to
the Crown Lands Consolidation Act
1913 before its repeal.
69.1.3 Recreation leave
accrues from day to day.
69.2 Limits on
Accumulation and Direction to Take Leave
69.2.1 At least two (2)
consecutive weeks of recreation leave shall be taken by a staff member every 12
months, except by agreement with the appropriate People Leader in special
circumstances.
69.2.2 Where the
operational requirements permit, the application for leave shall be dealt with
by the appropriate People Leader according to the wishes of the staff member.
69.2.3 The appropriate
People Leader shall notify the staff member in writing when accrued recreation
leave reaches 6 weeks or its hourly equivalent and at the same time may direct
a staff member to take at least 2 weeks recreation leave within 3 months of the
notification at a time convenient to icare.
69.2.4 The appropriate
People Leader shall notify the staff member in writing when accrued recreation
leave reaches 8 weeks or its hourly equivalent and direct the staff member to
take at least 2 weeks recreation leave within 6 weeks of the notification. Such
leave is to be taken at a time convenient to the icare.
69.2.5 A staff member
must take their recreation leave to reduce all balances below 8 weeks or its
hourly equivalent, and the icare must cooperate in
this process. icare may
direct a staff member with more than 8 weeks to take their recreation leave so
that it reduces to below 8 weeks.
69.3 Conservation of
Leave - If the appropriate People Leader is satisfied that a staff member is
prevented by operational or personal reasons from taking sufficient recreation
leave to reduce the accrued leave below an acceptable level of between 4 and 6
weeks or its hourly equivalent, the appropriate People Leader shall:-
69.3.1 Specify in writing
the period of time during which the excess shall be conserved; and
69.3.2 On the expiration
of the period during which conservation of leave applies, grant sufficient
leave to the staff member at a mutually convenient time to enable the accrued
leave to be reduced to an acceptable level below the 8 week limit.
69.3.3 An appropriate
People Leader will inform a staff member in writing on a regular basis of the
staff member’s recreation leave accrual.
69.4 Miscellaneous
69.4.1 Unless a local
arrangement has been negotiated between the Chief People Officer and the
Association, recreation leave is not to be granted for a period less than a
quarter-day or in other than multiples of a quarter day.
69.4.2 Recreation leave
for which a staff member is eligible on cessation of employment is to be
calculated to a quarter day (fractions less than a quarter being rounded up).
69.4.3 Recreation leave
does not accrue to a staff member in respect of any period of absence from duty
without leave or without pay, except as specified in paragraph 69.4.4.
69.4.4 Recreation leave
accrues during any period of leave without pay granted on account of incapacity
for which compensation has been authorised to be paid under the Workers Compensation Act 1987; or any
period of sick leave without pay or any other approved leave without pay, not
exceeding 5 full time working days, or their part time equivalent, in any
period of 12 months.
69.4.5 The proportionate
deduction to be made in respect of the accrual of recreation leave on account
of any period of absence referred to in paragraph 69.4.4 shall be calculated to
an exact quarter-day (fractions less than a quarter being rounded down).
69.4.6 Recreation leave
accrues at half its normal accrual rate during periods of extended leave on
half pay or recreation leave taken on half pay.
69.4.7 Recreation leave
may be taken on half pay in conjunction with and subject to the provisions
applying to adoption, maternity or parental leave - see clause 67, Parental
Leave of this award.
69.4.8 On cessation of
employment, a staff member is entitled to be paid, the money value of accrued
recreation leave which remains untaken.
69.4.9 A staff member to
whom paragraph 69.4.8 applies may elect to take all or part of accrued recreation
leave which remains untaken at cessation of active duty as leave or as a lump
sum payment; or as a combination of leave and lump sum payment.
69.5 Death - Where a
staff member dies, the monetary value of recreation leave accrued and remaining
untaken as at the date of death, shall be paid to the staff member's nominated
beneficiary.
69.6 Where no
beneficiary has been nominated, the monetary value of recreation leave is to be
paid as follows:
69.6.1 To the widow or
widower of the staff member; or
69.6.2 If there is no
widow or widower, to the children of the staff member or, if there is a
guardian of any children entitled under this subclause, to that guardian for
the children's maintenance, education and advancement; or
69.6.3 If there is no such
widow, widower or children, to the person who, in the opinion of the Chief
People Officer was, at the time of the staff member's death, a dependent
relative of the staff member; or
69.6.4 If there is no
person entitled under paragraphs 69.6.1, 69.6.2 or 69.6.3 to receive the money
value of any leave not taken or not completed by a staff member or which would
have accrued to the staff member, the payment shall be made to the personal
representative of the staff member.
69.7 Additional
compensation for rostered work performed by shift workers on Sundays and Public
Holidays Shift workers who are rostered to work their ordinary hours on Sundays
and/or Public Holidays during the period 1 December of one year to 30 November,
of the following year, or part thereof, shall be entitled to receive additional
annual leave or payment as provided for in subclauses 80.7 or 80.8 respectively
of clause 80, Shift Work of this Award.
69.8 Recreation leave
does not accrue during leave without pay other than
69.8.1 military
leave taken without pay when paid military leave entitlements are exhausted;
69.8.2 absences
due to natural emergencies or major transport disruptions, when all other paid
leave is exhausted;
69.8.3 any
continuous period of sick leave taken without pay when paid sick leave is
exhausted;
69.8.4 incapacity
for which compensation has been authorised under the Workplace Injury Management and Workers Compensation Act 1998; or
69.8.5 periods
which when aggregated, do not exceed 5 working days in any period of 12 months.
69.9 A staff member
entitled to additional recreation leave under paragraph 69.1.2, or under
paragraphs 80.7.6 or 80.8.5 of clause 80, Shift Work of this Award, can elect
at any time to cash out the additional recreation leave.
70. Annual Leave
Loading
70.1 General - Unless
more favourable conditions apply to a staff member under another industrial
instrument, a staff member, other than a trainee who is paid by allowance, is
entitled to be paid an annual leave loading as set out in this subclause.
Subject to the provisions set out in subclauses 70.2 to 70.6, the annual leave
loading shall be 17½% on the monetary value of up to 4 weeks recreation leave
accrued in a leave year.
70.2 Loading on
additional leave accrued - Where additional leave is accrued by a staff member:
-
70.2.1 As compensation
for work performed regularly on Sundays and/or Public Holidays, the annual
leave loading shall be calculated on the actual leave accrued or on five weeks,
whichever is the lower.
70.2.2 If stationed in an
area of the State of New South Wales which attracts a higher rate of annual
leave accrual, the annual leave loading shall continue to be paid on a maximum
of 4 weeks leave.
70.3 Shift workers -
Shift workers proceeding on recreation leave are eligible to receive the more
favourable of:
70.3.1 The shift premiums
and penalty rates, or any other allowances paid on a regular basis in lieu
thereof, which they would have received had they not been on recreation leave;
or
70.3.2 17½% annual leave
loading.
70.4 Maximum Loading
- the annual leave loading payable shall not exceed the amount which would have
been payable to a staff member in receipt of salary equivalent to the maximum
salary for a Grade 12 Clerk.
70.5 Leave year - For
the calculation of the annual leave loading, the leave year shall commence on 1
December each year and shall end on 30 November of the following year.
70.6 Payment of
annual leave loading - Payment of the annual leave loading shall be made on the
recreation leave accrued during the previous leave year and shall be subject to
the following conditions:
70.6.1 Annual leave
loading shall be paid on the first occasion in a leave year, other than the
first leave year of employment, when a staff member takes at least two (2) consecutive
weeks recreation leave. Where a staff member does not
have at least 2 weeks recreation leave available, the staff member may use a
combination of recreation leave and any of the following: public holidays, flex
leave, extended leave, leave without pay, time off in lieu, rostered day off.
The staff member shall be paid the annual leave loading for such period,
provided the absence is at least 2 weeks.
70.6.2 If at least two
weeks leave, as set out in paragraph 70.6.1, is not taken in a leave year, then
the payment of the annual leave loading entitlement for the previous leave year
shall be made to the staff member as at 30 November of the current year.
70.6.3 While annual leave
loading shall not be paid in the first leave year of employment, it shall be
paid on the first occasion in the second leave year of employment when at least
two weeks leave, as specified in paragraph 70.6.1, is taken.
70.6.4 A staff member who
has not been paid the annual leave loading for the previous leave year, shall
be paid such annual leave loading on resignation, retirement or termination by
the employer for any reason other than the staff member's serious and
intentional misconduct.
70.6.5 Except in cases of
voluntary redundancy, proportionate leave loading is not payable on cessation
of employment.
71. Sick Leave
71.1 Illness in this
clause and in clauses 71 and 72 of this award means physical or psychological
illness or injury, medical treatment and the period of recovery or
rehabilitation from an illness or injury.
71.2 Payment for sick
leave is subject to the staff member:
71.2.1 Informing their
manager as soon as reasonably practicable that they are unable to perform duty
because of illness. This must be done as
close to the staff member’s starting time as possible; and
71.2.2 Providing evidence
of illness as soon as practicable if required by clause 72, Sick Leave -
Requirements for Evidence of Illness of this Award.
71.3 If the
appropriate People Leader is satisfied that a staff member is unable to perform
duty because of the staff member's illness or the illness of his/her family
member, the appropriate People Leader:
71.3.1 Shall grant to the
staff member sick leave on full pay; and
71.3.2 May grant to the
staff member, sick leave without pay if the absence of the staff member exceeds
the entitlement of the staff member under this award to sick leave on full pay.
71.4 The appropriate
People Leader may direct a staff member to take sick leave if they are
satisfied that, due to the staff member’s illness, the staff member:
71.4.1 is unable to carry
out their duties without distress; or
71.4.2 risks
further impairment of their health by reporting for duty; or
71.4.3 is
a risk to the health, wellbeing or safety of other staff members, clients or
members of the public.
71.5 The appropriate
People Leader may direct a staff member to participate in a return to work
program if the staff member has been absent on a long period of sick leave.
71.6 Entitlements. Staff members accruing sick leave:
71.6.1 At the
commencement of employment with icare, a full-time
staff member is granted an accrual of 5 days sick leave.
71.6.2 After the first
four months of employment, the staff member shall accrue sick leave at the rate
of 10 working days per year for the balance of the first year of service.
71.6.3 After the first
year of service, the staff member shall accrue sick leave day to day at the
rate of 15 working days per year of service.
71.6.4 All continuous
service as a staff member in the NSW Government Sector shall be taken into
account for the purpose of calculating sick leave due. Where the service in the
NSW Government Sector is not continuous, previous periods of Government Sector
service shall be taken into account for the purpose of calculating sick leave due
if the previous sick leave records are available.
71.6.6 Notwithstanding
the provisions of paragraph 71.6.4, sick leave accrued and not taken in the
service of a Government sector employer may be accessed in terms of Part 3,
Division 2 of the Government Sector Employment Regulation 2014,
Cross-government sector leave arrangements.
71.6.7 Sick leave without
pay shall count as service for the accrual of recreation leave and paid sick
leave. In all other respects sick leave
without pay shall be treated in the same manner as leave without pay.
71.6.8 When determining
the amount of sick leave accrued, sick leave granted on less than full pay,
shall be converted to its full pay equivalent.
71.6.9 Paid sick leave
shall not be granted during a period of unpaid leave.
71.7 Payment during
the initial 3 months of service - Paid sick leave which may be granted to a
staff member, other than a seasonal or relief staff member, in the first 3
months of service shall be limited to 5 days paid sick leave, unless the appropriate
People Leader approves otherwise. Paid sick leave in excess of 5 days granted
in the first 3 months of service shall be supported by a satisfactory medical
certificate.
71.8 Seasonal or
relief staff - No paid sick leave shall be granted to temporary employees who
are employed as seasonal or relief staff for a period of less than 3 months.
72. Sick Leave -
Requirements for Evidence of Illness
72.1 A staff member
absent from duty for more than 2 consecutive working days because of illness
must furnish evidence of illness to the appropriate People Leader in respect of
the absence.
72.2 In addition to
the requirements under subclause 71.2 of clause 71, Sick Leave of this award, a
staff member may absent themselves for a total of 5 working days due to illness
without the provision of evidence of illness to the appropriate People
Leader. Staff members who absent
themselves in excess of 5 working days in a calendar year may be required to
furnish evidence of illness to the appropriate People Leader for each occasion
absent for the balance of the calendar year.
72.3 As a general
practice backdated medical certificates will not be accepted. However, if a staff member provides evidence
of illness that only covers the latter part of the absence, they can be granted
sick leave for the whole period if the appropriate People Leader is satisfied
that the reason for the absence is genuine.
72.4 If a staff
member is required to provide evidence of illness for an absence of 2
consecutive working days or less, the appropriate People Leader will advise
them in advance.
72.5 If the
appropriate People Leader is concerned about the diagnosis described in the
evidence of illness produced by the staff member, after discussion with the
staff member, the evidence provided and the staff member's application for
leave can be referred to the icare nominated medical
assessor for advice.
72.5.1 The type of leave
granted to the staff member will be determined by the appropriate People Leader
based on the medical assessor’s advice.
72.5.2 If sick leave is
not granted, the appropriate People Leader will, as far as practicable, take
into account the wishes of the staff member when determining the type of leave
granted.
72.6 The granting of
paid sick leave shall be subject to the staff member providing evidence which
indicates the nature of illness or injury and the estimated duration of the
absence. If a staff member is concerned
about disclosing the nature of the illness to their manager, they may elect to
have the application for sick leave dealt with confidentially by an alternate
manager or the human resources section of icare.
72.7 The reference in
this clause to evidence of illness shall apply, as appropriate:
72.7.1 up to one week may
be provided by a registered dentist, optometrist, chiropractor, osteopath,
physiotherapist, oral and maxillo facial surgeon or,
at the appropriate People Leader’s discretion, another registered health
services provider, or
72.7.2 where the absence
exceeds one week, and unless the health provider listed in paragraph 72.7.1 of
this subclause is also a registered medical practitioner, applications for any
further sick leave must be supported by evidence of illness from a registered
medical practitioner, or
72.7.3 at
the appropriate People Leader’s discretion, other forms of evidence that
satisfy that a staff member had a genuine illness.
72.8 If a staff
member who is absent on recreation leave or extended leave, furnishes to the
appropriate People Leader satisfactory evidence of illness in respect of an
illness which occurred during the leave, the appropriate People Leader may,
subject to the provisions of this clause, grant sick leave to the staff member
as follows:
72.8.1 In respect of
recreation leave, the period set out in the evidence of illness;
72.8.2 In respect of
extended leave, the period set out in the evidence of illness if such period is
5 working days or more.
72.9 Subclause 72.8
of this clause applies to all staff members other than those on leave prior to
resignation or termination of services, unless the resignation or termination
of services amounts to a retirement.
73. Sick Leave to Care
for a Family Member
73.1 Where family and
community service leave provided for in clause 63 of this award is exhausted or
unavailable, a staff member with responsibilities in relation to a category of
person set out in subclause 73.4 of this clause who needs the staff member's
care and support, may elect to use available paid sick leave, subject to the
conditions specified in this clause, to provide such care and support when a
family member is ill.
73.2 The sick leave
shall initially be taken from the sick leave accumulated over the previous 3
years. In special circumstances, the appropriate People Leader may grant
additional sick leave from the sick leave accumulated during the staff member’s
eligible service.
73.3 If required by
the appropriate People Leader to establish the illness of the person concerned,
the staff member must provide evidence consistent with subclause 72.6 of Sick
Leave - Requirements for Evidence of Illness of this Award.
73.4 The entitlement
to use sick leave in accordance with this clause is subject to:-
73.4.1 The staff member
being responsible for the care and support of the person concerned; and
73.4.2 The person
concerned being:-
(a) a spouse of the staff member; or
(b) a de facto
spouse being a person of the opposite sex to the staff member who lives with
the staff member as her husband or his wife on a bona fide domestic basis
although not legally married to that staff member; or
(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 or legal guardian), grandparent, grandchild or sibling of the staff
member or of the spouse or de facto spouse of the staff member; or
(d) a same sex
partner who lives with the staff member as the de facto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member who is
a member of the same household, where for the purposes of this definition: -
"relative" means a
person related by blood, marriage, affinity or Aboriginal kinship structures;
"affinity" means a
relationship that one spouse or partner has to the relatives of the other; and
"household" means a
family group living in the same domestic dwelling.
74. Sick Leave -
Workers Compensation
74.1 icare shall advise each staff member of their rights under
the Workers Compensation and Injury Management Legislation, as amended from
time to time, and shall give such assistance and advice, as necessary, in the
lodging of any claim.
74.2 A staff member
who is or becomes unable to attend for duty or to continue on duty in
circumstances which may give the staff member a right to claim compensation
under the Workers Compensation and Injury Management Legislation shall be
required to lodge a claim for any such compensation.
74.3 Where, due to
the illness or injury, the staff member is unable to lodge such a claim in
person, the appropriate People Leader shall assist the staff member or the
representative of the staff member, as required, to lodge a claim for any such
compensation.
74.4 The appropriate
People Leader will ensure that, once received by icare,
a staff member’s workers compensation claim is lodged by the icare with the workers compensation insurer within the
statutory period prescribed in the Workers Compensation and Injury Management
Legislation.
74.5 Pending the
determination of that claim and on production of an acceptable medical certificate,
the appropriate People Leader shall grant sick leave on full pay for which the
staff member is eligible followed, if necessary, by sick leave without pay or,
at the staff member's election by accrued recreation leave or extended leave.
74.6 If liability for
the workers compensation claim is accepted, then an equivalent period of any
sick leave taken by the staff member pending acceptance of the claim shall be
restored to the credit of the staff member.
74.7 A staff member
who continues to receive compensation after the completion of the period of 26
weeks referred to in section 36 of the Workers
Compensation Act 1987 may use any accrued and untaken sick leave to make up
the difference between the amount of compensation payable under that Act and the
staff member's ordinary rate of pay. Sick leave utilised in this way shall be
debited against the staff member.
74.7.1 Before approving
the use of sick leave in this subclause, the appropriate People Leader must be
satisfied that the staff member is complying with the obligations imposed by
the Workers Compensation and Injury Management Legislation which requires that
the staff member must:
(a) participate and cooperate in the establishment of the
required injury management plan for the staff member;
(b) comply with obligations imposed on the staff member by or
under the injury management plan established for the staff member;
(c) when requested
to do so, nominate as their treating doctor for the purposes of the injury
management plan a medical practitioner who is prepared to participate in the
development of, and in the arrangements under, the plan;
(d) authorise the nominated treating doctor to provide relevant
information to the insurer or the appropriate People Leader for the purposes of
the injury management plan; and
(e) make all reasonable efforts to return to work as soon as
possible, having regard to the nature of the injury.
74.8 If a staff
member notifies the appropriate People Leader that he or she does not intend to
make a claim for any such compensation, the appropriate People Leader shall
consider the reasons for the staff member's decision and shall determine
whether, in the circumstances, it is appropriate to grant sick leave in respect
of any such absence.
74.9 A staff member
may be required to submit to a medical examination under the Workers
Compensation and Injury Management Legislation in relation to a claim for
compensation under that Act. If a staff member refuses to submit to a medical
examination without an acceptable reason, the staff member shall not be granted
available sick leave on full pay until the examination has occurred and a
medical certificate is issued indicating that the staff member is not fit to
resume employment.
74.10 If icare provides the staff member with employment which meets
the terms and conditions specified in the medical certificate issued under the
Workers Compensation and Injury Management Legislation and, without good
reason, the staff member fails, to resume or perform such duties, the staff member
shall be ineligible for all payments in accordance with this clause from the
date of the refusal or failure.
74.11 No further sick
leave shall be granted on full pay if there is a commutation of weekly payments
of compensation by the payment of a lump sum pursuant to section 51 of the Workers Compensation Act 1987.
74.12 Nothing in this
clause prevents a staff member from appealing a decision or taking action under
other legislation made in respect of: -
74.12.1 The
staff member's claim for workers compensation;
74.12.2 The
conduct of a medical examination by a Government or other Medical Officer;
74.12.3 A
medical certificate issued by the examining Government or other Medical
Officer; or
74.12.4 Action
taken by icare either under the Workers Compensation
and Injury Management Legislation or any other relevant legislation in relation
to a claim for workers compensation, medical examination or medical
certificate.
75. Sick Leave -
Claims Other Than Workers Compensation
75.1 If the
circumstances of any injury to or illness of a staff member give rise to a
claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987, sick
leave on full pay may, subject to and in accordance with this clause, be
granted to the staff member on completion of an acceptable undertaking that: -
75.1.1 Any such claim, if
made, will include a claim for the value of any period of paid sick leave
granted by icare to the staff member; and
75.1.2 In the event that
the staff member receives or recovers damages or compensation pursuant to that
claim for loss of salary or wages during any such period of sick leave, the
staff member will repay to icare the monetary value
of any such period of sick leave.
75.2 Sick leave on
full pay shall not be granted to a staff member who refuses or fails to
complete an undertaking, except in cases where the appropriate People Leader is
satisfied that the refusal or failure is unavoidable.
75.3 On repayment to icare of the monetary value of sick leave granted to the
staff member, sick leave equivalent to that repayment and calculated at the
staff member’s ordinary rate of pay, shall be restored to the credit of the
staff member.
76. Special Leave
76.1 Special Leave -
Jury Service
76.1.1 A staff member shall,
as soon as possible, notify the appropriate People Leader of the details of any
jury summons served on the staff member.
76.1.2 A staff member
who, during any period when required to be on duty, attends a court in answer
to a jury summons shall, upon return to duty after discharge from jury service,
furnish to the appropriate People Leader a certificate of attendance issued by
the Sheriff or by the Registrar of the court giving particulars of attendances
by the staff member during any such period and the details of any payment or
payments made to the staff member under section 72 of the Jury Act 1977 in respect of any such period.
76.1.3 When a certificate
of attendance on jury service is received in respect of any period during which
a staff member was required to be on duty, the appropriate People Leader shall
grant, in respect of any such period for which the staff member has been paid
out-of-pocket expenses only, special leave on full pay. In any other case, the
appropriate People Leader shall grant, at the sole election of the staff
member, available recreation leave on full pay, flex leave or leave without
pay.
76.2 Witness at Court
- Official Capacity - When a staff member is subpoenaed or called as a witness
in an official capacity, the staff member shall be regarded as being on duty.
Salary and any expenses properly and reasonably incurred by the staff member in
connection with the staff member’s appearance at court as a witness in an
official capacity shall be paid by icare.
76.3 Witness at Court
- Other than in Official Capacity - Crown Witness - A staff member who is
subpoenaed or called as a witness by the Crown (whether in right of the
Commonwealth or in right of any State or Territory of the Commonwealth) shall:
76.3.1 Be granted, for the
whole of the period necessary to attend as such a witness, special leave on
full pay; and
76.3.2 Pay into the
Treasury of the State of New South Wales all money paid to the staff member
under or in respect of any such subpoena or call other than any such money so
paid in respect of reimbursement of necessary expenses properly incurred in
answer to that subpoena or call.
76.3.3 Association
Witness - a staff member called by the Association to give evidence before an
Industrial Tribunal or in another jurisdiction shall be granted special leave
by icare for the required period.
76.4 Called as a
witness in a private capacity - A staff member who is subpoenaed or called as a
witness in a private capacity shall, for the whole of the period necessary to
attend as such a witness, be granted at the staff member's election, available
recreation leave on full pay or leave without pay.
76.5 Special Leave -
Examinations -
76.5.1 Special leave on
full pay up to a maximum of 5 days in any one year shall be granted to staff
members for the purpose of attending at any examination approved by the
appropriate People Leader.
76.5.2 Special leave
granted to attend examinations shall include leave for any necessary travel to
or from the place at which the examination is held.
76.5.3 If an examination
for a course of study is held during term or semester within the normal class
timetable and study time has been granted to the staff member, no further leave
is granted for any examination.
76.6 Special Leave -
Union Activities - Special leave on full pay may be granted to staff members
who are accredited Association delegates to undertake Association activities as
provided for in clause 43, Trade Union Activities Regarded as Special Leave of
this Award.
75.7 Return Home When
Temporarily Living Away from Home - Sufficient special leave shall be granted
to a staff member who is temporarily living away from home as a result of work
requirements. Such staff member shall be granted sufficient special leave once
a month before or after a weekend or a long weekend or, in the case of a shift
worker before or after rostered days off to return home to spend two days and
two nights with the family. If the staff member wishes to return home more
often, such staff member may be granted recreation leave, extended leave or
flex leave to credit or leave without pay, if the operational requirements
allow.
76.8 Return Home When
Transferred to New Location -- Special leave shall be granted to a staff member
who has moved to the new location ahead of dependants, to visit such
dependants, subject to the conditions specified in the Crown Employees
(Transferred Employees Compensation) Award.
76.9 A staff member
who identifies as an Indigenous Australian shall be granted up to one day
special leave per year to enable the staff member to participate in the
National Aborigines and Islander Day of Commemoration Celebrations. Leave can
be taken at any time during NAIDOC week, or in the weeks leading up to and
after NAIDOC week as negotiated between the supervisor and staff member.
76.10 Special Leave -
Other Purposes - Special leave on full pay may be granted to staff members by
the Group Executive for such other purposes as they consider appropriate.
76.11 Matters arising
from domestic violence situations.
When the leave entitlements referred to in clause 77,
Leave for Matters Arising from Domestic Violence, have been exhausted, the
Group Executive shall grant up to five days per calendar year to be used for
absences from the workplace to attend to matters arising from domestic violence
situations.
77. Leave for Matters
Arising from Domestic Violence
77.1 The definition
of domestic violence is found in clause 3.18 of this Award.
77.2 Leave
entitlements provided for in clause 63, Family and Community Service Leave,
clause 71, Sick Leave and clause 73, Sick Leave to Care for a Family Member,
may be used by staff members experiencing domestic violence.
77.3 Where the leave
entitlements referred to in subclause 77.2 are exhausted, the Group Executive shall
grant Special Leave as per subclause 76.11.
77.4 The appropriate
People Leader will need to be satisfied, on reasonable grounds, that domestic
violence has occurred and may require proof presented in the form of an agreed
document issued by the Police Force, a Court, a Doctor, a Domestic Violence
Support Service or Lawyer.
77.5 Personal
information concerning domestic violence will be kept confidential by icare.
77.6 The appropriate
People Leader, where appropriate, may facilitate flexible working arrangements
subject to operational requirements, including changes to working times and
changes to work location, telephone number and email address.
SECTION 7 - TRAINING AND PROFESSIONAL DEVELOPMENT
78. Staff Development
and Training Activities
78.1 For the purpose
of this clause, the following shall be regarded as staff development and
training activities:
78.1.1 All staff
development courses conducted by a NSW Government Sector organisation;
78.1.2 Short educational
and training courses conducted by generally recognised public or private
educational bodies; and
78.1.3 Conferences,
conventions, seminars, or similar activities conducted by professional, learned
or other generally recognised societies, including Federal or State Government
bodies.
78.2 For the purposes
of this clause, the following shall not be regarded as staff development and
training activities: -
78.2.1 Activities for
which study assistance is appropriate;
78.2.2 Activities to
which other provisions of this Award apply (e.g. courses conducted by the
Association); and
78.2.3 Activities which
are of no specific relevance to the NSW Government Sector.
78.3 Attendance of a
staff member at activities considered by the appropriate People Leader to be:
78.3.1 Essential for the
efficient operation of icare; or
78.3.2 Developmental and
of benefit to the NSW Government sector shall be regarded as on duty for the
purpose of payment of salary if a staff member attends such an activity during
normal working hours.
78.4 The following
provisions shall apply, as appropriate, to the activities considered to be
essential for the efficient operation of icare:
78.4.1 Recognition that
the staff members are performing normal duties during the course;
78.4.2 Adjustment for the
hours so worked under flexible working hours;
78.4.3 Payment of course
fees:
78.4.4 Payment of all
actual necessary expenses or payment of allowances in accordance with this
award, provided that the expenses involved do not form part of the course and
have not been included in the course fees; and
78.4.5 Payment of
overtime where the activity could not be conducted during the staff member's
normal hours and the appropriate People Leader is satisfied that the approval
to attend constitutes a direction to work overtime under clause 81 Overtime -
General of this Award.
78.5 The following
provisions shall apply, as appropriate, to the activities considered to be
developmental and of benefit to icare:
78.5.1 Recognition of the
staff member as being on duty during normal working hours whilst attending the
activity;
78.5.2 Payment of course
fees;
78.5.3 Reimbursement of
any actual necessary expenses incurred by the staff member for travel costs,
meals and accommodation, provided that the expenses have not been paid as part
of the course fee; and
78.5.4 Such other
conditions as may be considered appropriate by the appropriate People Leader
given the circumstances of attending at the activity, such as compensatory
leave for excess travel or payment of travelling expenses.
78.6 Where the
training activities are considered to be principally of benefit to the staff
member and of indirect benefit to the Government sector, special leave of up to
10 days per year shall be granted to a staff member. If additional leave is
required and the appropriate People Leader is able to release the staff member,
such leave shall be granted as a charge against available flex leave,
recreation/extended leave or as leave without pay.
78.7 Higher Duties
Allowance - Payment of a higher duties allowance is to continue where the staff
member attends a training or developmental activity whilst on duty in
accordance with this clause.
79. Study Assistance
79.1 The appropriate
People Leader shall have the power to grant or refuse study time.
79.2 Where the appropriate
People Leader approves the grant of study time, the grant shall be subject to:
79.2.1 The course being a
course relevant to icare and/or the Government
sector;
79.2.2 The time being
taken at the convenience of icare; and
79.2.3 Paid study time
not exceeding a maximum of 4 hours per week, to accrue on the basis of half an
hour for each hour of class attendance.
79.3 Study time may
be granted to both full and part-time staff members. Part-time staff members
however shall be entitled to a pro-rata allocation of study time to that of a
full-time staff member.
79.4 Study time may
be used for:
79.4.1 Attending
compulsory lectures, tutorials, residential schools, field days etc., where
these are held during working hours; and/or
79.4.2 Necessary travel
during working hours to attend lectures, tutorials etc., held during or outside
working hours; and/or
79.4.3 Private study;
and/or
79.4.4 Accumulation,
subject to the conditions specified in subclauses 79.6 to 79.9 of this clause.
79.5 Staff members
requiring study time must nominate the type(s) of study time preferred at the
time of application and prior to the proposed commencement of the academic
period. The types of study time are as follows: -
79.5.1 Face-to-Face -
Staff members may elect to take weekly and/or accrued study time, subject to
the provisions for its grant.
79.5.2 Correspondence -
Staff members may elect to take weekly and/or accrued study time, or time off
to attend compulsory residential schools.
79.5.3 Accumulation -
Staff members may choose to accumulate part or all of
their study time as provided in subclauses 79.6 to 79.9.
79.6 Accumulated
study time may be taken in any manner or at any time, subject to operational
requirements of icare.
79.7 Staff members on
rotating shifts may accumulate study time so that they can take leave for a
full shift, where this would be more convenient to both the staff member and icare.
79.8 Where at the
commencement of an academic year/semester a staff member elects to accrue study
time and that staff member has consequently foregone the opportunity of taking
weekly study time, the accrued period of time off must be granted even if
changed work circumstances mean absence from duty would be inconvenient.
79.9 Staff members
attempting courses which provide for annual examinations, may vary the election
as to accrual, made at the commencement of an academic year, effective from 1st
July in that year.
79.10 Where a staff
member is employed after the commencement of the academic year, weekly study
time may be granted with the option of electing to accrue study time from 1st
July in the year of entry on duty or from the next academic year, whichever is
the sooner.
79.11 Staff members
studying in semester based courses may vary their election as to accrual or
otherwise from semester to semester.
79.12 Correspondence
Courses - Study time for staff members studying by correspondence accrues on
the basis of half an hour for each hour of lecture/tutorial attendance involved
in the corresponding face-to-face course, up to a maximum grant of 4 hours per
week. Where there is no corresponding face-to-face course, the training
institution should be asked to indicate what the attendance requirements would
be if such a course existed.
79.13 Correspondence students
may elect to take weekly study time and/or may accrue study time and take such
accrued time when required to attend compulsory residential schools.
79.14 Repeated subjects
- Study time shall not be granted for repeated subjects.
79.15 Expendable grant -
Study time if not taken at the nominated time shall be forfeited. If the
inability to take study time occurs as a result of a genuine emergency at work,
study time for that week may be granted on another day during the same week.
79.16 Examination Leave
- Examination leave shall be granted as special leave for all courses of study
approved in accordance with this clause.
79.17 The period granted
as examination leave shall include:
79.17.1 Time
actually involved in the examination;
79.17.2 Necessary
travelling time, in addition to examination leave,
but is limited to a maximum of
5 days in any one year. Examination leave is not available where an examination
is conducted within the normal class timetable during the term/semester and
study time has been granted to the staff member.
79.18 The examination
leave shall be granted for deferred examinations and in respect of repeat
studies.
79.19 Study Leave -
Study leave for full-time study is granted to assist those staff members who
win scholarships/fellowships/awards or who wish to undertake full-time study
and/or study tours. Study leave may be granted for studies at any level,
including undergraduate study.
79. 20 All
staff members are eligible to apply and no prior service requirements are necessary.
79.21 Study leave shall
be granted without pay, except where the Chief People Officer approves
financial assistance. The extent of financial assistance to be provided shall
be determined by the Chief People Officer according to the relevance of the study
to the workplace and may be granted up to the amount equal to full salary.
79.22 Where financial
assistance is approved by icare for all or part of
the study leave period, the period shall count as service for all purposes in
the same proportion as the quantum of financial assistance bears to full salary
of the staff member.
79.23 Scholarships for
Part-Time Study - In addition to the study time/study leave provisions under
this clause, the icare may choose to identify courses
or educational programmes of particular relevance or value and establish a
scholarship to encourage participation in these courses or programmes. The
conditions under which such scholarships are provided should be consistent with
the provisions of this clause.
SECTION 8 - SHIFT WORK AND OVERTIME
80. Shift Work
80.1 Shift Loadings -
A shift worker employed on a shift shall be paid, for work performed during the
ordinary hours of any such shift, ordinary rates plus the following additional
shift loadings depending on the commencing times of shifts:
Day - at or after 6am and before 10am
|
Nil
|
Afternoon - at or after 10am and before 1pm
|
10.0%
|
Afternoon - at or after 1pm and before 4pm
|
12.5%
|
Night - at or after 4pm and before 4am
|
15.0%
|
Night - at or after 4am and before 6am
|
10.0%
|
80.2 The loadings
specified in subclause 79.1 of this clause shall only apply to shifts worked
from Monday to Friday.
80.3 Weekends and
Public Holidays - For the purpose of this clause any shift, the major portion
of which is worked on a Saturday, Sunday or Public Holiday shall be deemed to
have been worked on a Saturday, Sunday or Public Holiday and shall be paid as
such.
80.4 Saturday Shifts
- Shift workers working on an ordinary rostered shift between midnight on
Friday and midnight on Saturday which is not a public holiday, shall be paid
for such shifts at ordinary time and one half.
80.5 Sunday Shifts -
Shift workers working on an ordinary rostered shift between midnight on
Saturday and midnight on Sunday which is not a public holiday, shall be paid
for such shifts at ordinary time and three quarters.
80.6 Public Holidays
- With the exception of classifications listed in subclauses 80.7 and 80.8, the
following shall apply:
806.1 Where a shift
worker is required to and does work on a Public Holiday, the shift worker shall
be paid at two and a half times the rate for time worked. Such payment shall be
in lieu of weekend or shift allowances which would have been payable if the day
had not been a Public Holiday;
80.6.2 A shift worker
rostered off duty on a Public Holiday shall elect to be paid one day’s pay for
that Public Holiday or to have one day added to his/her annual holidays for
each such day;
80.7 Rosters -
Rosters covering a minimum period of 28 days, where practicable, shall be
prepared and issued at least 7 days prior to the commencement of the rosters.
Each roster shall indicate the starting and finishing time of each shift. Where
current or proposed shift arrangements are incompatible with the shift worker’s
family, religious or community responsibilities, every effort to negotiate
individual alternative arrangements shall be made by the appropriate People
Leader.
80.8 Notice of Change
of Shift - A shift worker who is required to change from one shift to another
shift shall, where practicable, be given forty-eight (48) hours’ notice of the
proposed change.
80.9 Breaks between
Shifts - A minimum break of eight (8) consecutive hours between ordinary
rostered shifts shall be given.
80.10 If a shift worker
resumes or continues to work without having had eight (8) consecutive hours off
duty, the shift worker shall be paid overtime in accordance with clause 82,
Overtime Worked by Shift Workers of this award, until released from duty for
eight (8) consecutive hours. The shift
worker will then be entitled to be off duty for at least eight (8) consecutive
hours without loss of pay for ordinary working time which falls during such
absence.
80.11 Time spent off
duty may be calculated by determining the amount of time elapsed after: -
80.11.1 The completion
of an ordinary rostered shift; or
80.11.2 The
completion of authorised overtime; or
80.11.3 The
completion of additional travelling time, if travelling on duty, but shall not
include time spent travelling to and from the workplace.
80.12 Daylight Saving -
In all cases where a shift worker works during the period of changeover to and
from daylight saving time, the shift worker shall be paid the normal rate for
the shift.
81. Overtime - General
81.1 A staff member
may be directed by the appropriate People Leader to work overtime, provided it
is reasonable for the staff member to be required to do so. A staff member may
refuse to work overtime in circumstances where the working of such overtime
would result in the staff member working unreasonable hours. In determining
what is unreasonable, the following factors shall be taken into account:
81.1.1 The staff member’s
prior commitments outside the workplace, particularly the staff member’s family
and carer responsibilities, community obligations or study arrangements,
81.1.2 Any risk to staff
member health and safety,
81.1.3 The urgency of the
work required to be performed during overtime, the impact on the operational
commitments of the organisation and the effect on client services,
81.1.4 The notice (if
any) given by the appropriate People Leader regarding the working of the
overtime, and by the staff member of their intention to refuse overtime, or
81.1.5 Any other relevant
matter.
81.2 Payment for
overtime shall be made only where the staff member works directed overtime.
81.3 Where a flexible
working hours scheme is in operation, overtime shall be deemed as the hours
directed to be worked before or after bandwidth or before or after the time
specified in a local arrangement made pursuant to the provisions of clause 10,
Local Arrangements of this award provided that, on the day when overtime is
required to be performed, the staff member shall not be required by the
appropriate People Leader to work more than 7 hours after finishing overtime or
before commencing overtime.
81.4 Payment for
overtime worked and/or on-call (standby) allowance shall not be made under this
clause if the staff member is eligible, under any other industrial instrument,
to:
81.4.1 Compensation
specifically provided for overtime and/or on-call (standby) allowance; or
81.4.2 Be paid an
allowance for overtime and/or on-call (standby) allowance; or
81.4.3 A rate of salary
which has been determined as inclusive of overtime and/or on-call (standby)
allowance.
82. Overtime Worked By
Shift Workers
82.1 The following
rates are payable for any overtime worked by shift workers and shall be in
substitution of and not cumulative upon the rates payable for shift work
performed on Monday to Friday, Saturday, Sunday or Public Holiday.
82.1.1 Monday-Friday -
All overtime worked by shift workers Monday to Friday inclusive, shall be paid
for at the rate of time and one half for the first two hours and double time
thereafter.
82.1.2 Saturday - All
overtime worked by shift workers on Saturday, shall be paid for at the rate of
time and one half for the first two hours and double time thereafter.
82.1.3 Sunday - All
overtime worked by shift workers on a Sunday shall be paid for at the rate of
double time.
82.1.4 Public Holidays -
All overtime worked on a public holiday shall be paid for at the rate of double
time and one half.
82.2 Eight
Consecutive Hours Break on Overtime - When overtime is necessary, wherever
reasonably practicable, it shall be arranged so that shift workers have at
least eight (8) consecutive hours off duty.
82.3 The rest period
off duty shall be not less than eight (8) consecutive hours when the overtime
is worked for the purpose of changing shift rosters except where an arrangement
between shift workers alters the ordinary rostered shift and such alteration
results in a rest period of less than eight (8) hours.
83. Overtime Worked By
Day Workers
83.1 The provisions
of this clause shall not apply to:
83.1.1 Shift workers as
defined in clause 3, Definitions of this award and to whom
provisions of clause 80, Shift Work and clause 82, Overtime Worked by Shift
Workers of this Award apply;
83.1.2 Staff members
covered by formal local arrangements in respect of overtime negotiated between
the Chief People Officer and the Association;
83.1.3 Staff members to
who overtime provisions apply under another industrial instrument;
83.1.4 Staff members
whose salary includes compensation for overtime; and
83.1.5 Staff members who
receive an allowance in lieu of overtime.
83.2 Rates - Overtime
shall be paid at the following rates:
83.2.1 Weekdays (Monday
to Friday inclusive) - at the rate of time and one-half for the first two hours
and at the rate of double time thereafter for all directed overtime worked
outside the staff member’s ordinary hours of duty, if working standard hours,
or outside the bandwidth, if working under a flexible working hours scheme,
unless local arrangements negotiated in terms of clause 10, Local Arrangements
of this Award apply;
83.2.2 Saturday - All
overtime worked on a Saturday at the rate of time and one-half for the first
two hours and at the rate of double time thereafter;
83.2.3 Sundays - All
overtime worked on a Sunday at the rate of double time;
83.2.4 Public Holidays -
All overtime worked on a public holiday at the rate of double time and one
half.
83.3 If a staff
member is absent from duty on any working day during any week in which overtime
has been worked the time so lost may be deducted from the total amount of
overtime worked during the week unless the staff member has been granted leave
of absence or the absence has been caused by circumstances beyond the staff
member’s control.
83.4 A staff member
who works overtime on a Saturday, Sunday or public holiday shall be paid a
minimum payment as for three (3) hours work at the appropriate rate.
83.5 Rest Periods
83.5.1 A staff member who
works overtime shall be entitled to be absent until eight (8) consecutive hours
have elapsed.
83.5.2 Where a staff
member, at the direction of the supervisor, resumes or continues work without
having had eight (8) consecutive hours off duty then such staff member shall be
paid at the appropriate overtime rate until released from duty. The staff
member shall then be entitled to eight (8) consecutive hours off duty and shall
be paid for the ordinary working time occurring during the absence.
84. Recall to Duty
84.1 A staff member
recalled to work overtime after leaving the employer’s premises shall be paid
for a minimum of three (3) hours work at the appropriate overtime rates.
84.2 The staff member
shall not be required to work the full three (3) hours if the job can be
completed within a shorter period.
84.3 When a staff
member returns to the place of work on a number of occasions in the same day and
the first or subsequent minimum pay period overlap into the next call out
period, payment shall be calculated from the commencement of the first recall
until either the end of duty or three (3) hours from the commencement of the
last recall, whichever is the greater. Such time shall be calculated as one
continuous period.
84.4 When a staff
member returns to the place of work on a second or subsequent occasion and a
period of three (3) hours has elapsed since the staff member was last recalled,
overtime shall only be paid for the actual time worked in the first and
subsequent periods with the minimum payment provision only being applied to the
last recall on the day.
84.5 A recall to duty
commences when the staff member starts work and terminates when the work is
completed. A recall to duty does not include time spent travelling to and from
the place at which work is to be undertaken.
84.6 A staff member
recalled to duty within three (3) hours of the commencement of usual hours of
duty shall be paid at the appropriate overtime rate from the time of recall to
the time of commencement of such normal work.
84.7 This clause
shall not apply in cases where it is customary for a staff member to return to icare’s premises to perform a specific job outside the staff
member’s ordinary hours of duty, or where overtime is continuous with the
completion or commencement of ordinary hours of duty. Overtime worked in these
circumstances shall not attract the minimum payment of three (3) hours unless
the actual time worked is three (3) or more hours.
85. On-Call
(Stand-By) and On-Call Allowance
85.1 Unless already
eligible for an on-call allowance under another industrial instrument, a staff
member shall be:
85.1.1 Entitled to be
paid the on call allowance set out in Item 8 of Table 5 - Allowances of Part F Monetary Rates when directed by the appropriate People
Leader to be on call or on standby for a possible recall to duty outside the
staff member's working hours;
85.1.2 If a staff member
who is on call and is called out by icare, the
overtime provisions as set out in clause 82, Overtime Worked by Shift Workers
and clause 83, Overtime Worked by Day Workers of this Award, whichever is
appropriate, shall apply to the time worked;
85.1.3 Where work
problems are resolved without travel to the place of work whether on a weekday,
weekend or public holiday, work performed shall be compensated at ordinary time
for the time actually worked, calculated to the next 15 minutes.
86. Overtime Meal
Breaks
86.1 Staff Members
Not Working Flexible Hours - a Staff Member Required to Work Overtime on
Weekdays for an Hour and a Half Or More After the Staff Member’s Ordinary Hours
of Duty on Weekdays, Shall be Allowed 30 Minutes for a Meal and Thereafter, 30
Minutes for a Meal After Every Five Hours of Overtime Worked.
86.2 Staff member
working flexible hours - A staff member required to work overtime on weekdays
beyond 6.00 p.m. and until or beyond eight and a half hours after commencing
duty plus the time taken for lunch, shall be allowed 30 minutes for a meal and
thereafter, 30 minutes for a meal after every five hours of overtime worked.
86.3 Staff Members
Generally - A staff member required to work overtime on a Saturday, Sunday or
Public Holiday, shall be allowed 30 minutes for a meal after every five hours
of overtime worked. A staff member who is unable to take a meal break and who
works for more than five hours shall be given a meal break at the earliest
opportunity.
87. Overtime Meal
Allowances
87.1 If an adequate
meal is not provided by icare, a meal allowance shall
be paid by icare at the appropriate rate specified in
Item 12 of Table 5 - Allowances of Part F, Monetary Rates, provided the
appropriate People Leader is satisfied that:
87.1.1 the
time worked is directed overtime;
87.1.2 the
staff member properly and reasonably incurred expenditure in obtaining the meal
in respect of which the allowance is sought;
87.1.3 where the staff
member was able to cease duty for at least 30 minutes before or during the
working of overtime to take the meal, the staff member did so; and
87.1.4 overtime
is not being paid in respect of the time taken for a meal break.
87.2 Where an
allowance payable under this clause is insufficient to reimburse the staff
member the cost of a meal, properly and reasonably incurred, the appropriate
People Leader shall approve payment of actual expenses.
87.3 Where a meal was
not purchased, payment of a meal allowance shall not be made.
87.4 Receipts shall
be provided to the appropriate People Leader or his/her delegate in support of
any claims for additional expenses or when the staff member is required to
substantiate the claim.
87.5 Notwithstanding
the above provisions, nothing in this clause shall prevent the Chief People
Officer and the Association from negotiating different meal provisions under a
local arrangement.
88. Rate of Payment
for Overtime
A staff member whose salary, or salary and allowance in
the nature of salary, exceeds the maximum rate for Clerk Grade 8, as varied
from time to time, shall be paid for working directed overtime at the maximum
rate for Clerk, Grade 8 plus $1.00, unless the appropriate People Leader
approves payment for directed overtime at the staff member’s salary or, where
applicable, salary and allowance in the nature of salary.
89. Payment for
Overtime Or Leave in Lieu
89.1 The appropriate
People Leader shall grant compensation for directed overtime worked either by
payment at the appropriate rate or, if the staff member so elects, by the grant
of leave in lieu in accordance with subclause 89.2.
89.2 The following
provisions shall apply to the leave in lieu:
89.2.1 The staff member
shall advise the supervisor before the overtime is worked or as soon as
practicable on completion of overtime, that the staff member intends to take
leave in lieu of payment.
89.2.2 The leave shall be
calculated at the same rate as would have applied to the payment of overtime in
terms of this clause.
89.2.3 The leave must be
taken at the convenience of icare, except when leave
in lieu is being taken to look after a sick family member. In such cases, the
conditions set out in clause 73, Sick Leave to Care for a Sick Family Member of
this Award apply.
89.2.4 The leave shall be
taken in multiples of a quarter day, unless debiting of leave in hours or in
fractions of an hour has been approved in the staff member’s section.
89.2.5 Leave in lieu
accrued in respect of overtime shall be given by icare
and taken by the staff member within three months of accrual unless alternate
local arrangements have been negotiated between the Chief People Officer and
the Association.
89.2.6 A staff member
shall be paid for the balance of any overtime entitlement not taken as leave in
lieu.
90. Calculation of
Overtime
90.1 Unless a minimum
payment in terms of subclause 83.4 of Overtime Worked by Day Workers of this
Award applies, overtime shall not be paid if the total period of overtime
worked is less than a quarter of an hour.
90.2 The formula for
the calculation of overtime at ordinary rates for staff members employed on a
five (5) day basis shall be:
Annual salary
|
X
|
5
|
X
|
1
|
1
|
|
260.89
|
|
No of ordinary
hours of work per week
|
|
|
|
|
|
90.3 The formula for
the calculation of overtime at ordinary rates for staff members employed on a
seven (7) day basis shall be:-
Annual salary
|
X
|
7
|
X
|
1
|
1
|
|
365.25
|
|
No of ordinary
hours of work per week
|
90.4 To determine
time and one half, double time or double time and one half, the hourly rate at
ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated
to the nearest cent.
90.5 Overtime is not
payable for time spent travelling.
91. Provision of
Transport in Conjunction with Working of Overtime
91.1 For the purpose
of this clause, departure or arrival after 8.00 p.m. will determine whether the
provisions of this clause apply.
Departure or arrival after 8.00 p.m. of a staff member
on overtime or a regular or rotating shift roster does not in itself warrant
the provision of transport. It needs to be demonstrated that the normal means
of transport, public or otherwise, is not reasonably available and/or that
travel by such means of transport places the safety of the staff member at
risk.
The responsibility of deciding whether the provision of
assistance with transport is warranted in the circumstances set out above rests
with icare where knowledge of each particular
situation will enable appropriate judgements to be made.
91.2 Arrangement of
Overtime
Where overtime is required to be performed, it should
be arranged, as far as is reasonably possible, so that the staff member can use
public transport or other normal means of transport to and from work.
91.3 Provision of
Taxis
Where a staff member:
91.3.1 ceases
overtime duty after 8.00 p.m., or
91.3.2 ceases
or commences duty performed as part of a regular or rotating roster of shift
duty after 8.00 p.m.,
and public transport or other
normal means of transport is not reasonably available, arrangements may be made
for transport home or to be provided by way of taxi.
SECTION 9 - MISCELLANEOUS
92. Anti-Discrimination
92.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a carer.
92.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
92.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
92.4 Nothing in this
clause is to be taken to affect:
92.4.1 Any conduct or act
which is specifically exempted from anti-discrimination legislation;
92.4.2 Offering or providing
junior rates of pay to persons under 21 years of age;
92.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
92.4.4 A party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
92.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
92.5.1 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
92.5.2 Section 56(d) of
the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
93. Area, Incidence
and Duration
93.1 This Award shall
apply to full time and part-time employees, temporary employees and casual
employees of Insurance and Care NSW.
93.2 This Award shall
take effect on and from 1 July 2017 and remains in force for a period of 12
months or until varied or rescinded.
94. No Extra Claims
Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public
Sector Conditions of Employment) Regulation 2014, or under the circumstances
outlined in Clause 6 of this Award, there shall be no further claims/demands or
proceedings instituted before the NSW Industrial Relations Commission for extra
or reduced wages, salaries, rates of pay, allowances or conditions of
employment with respect to the Employees covered by the Award that take effect
prior to 30 June 2018 by a party to this Award.
PART B
ADMINISTRATION AND CLERICAL OFFICERS
1. Salaries - Administrative and Clerical
Officers
1.1 The salary rates for Administrative and
Clerical Officers on the General Scale and on Grades 1 to 12 are set out in
Table 1 of Part F, Monetary Rates.
1.2 An Administrative and Clerical Officers
on the General Scale qualified at Higher School Certificate standard at 19
years of age is paid at not less the amount set out in Table 1 - Salaries for
Clerk General Scale Step 4.
1.3 An Administrative and Clerical Officers
on the General Scale at 20 years of age is paid at not less than the amount set
out in Table 1 - Salaries for Clerk General Scale Step 5.
1.4 An Administrative and Clerical Officers
on the General Scale at 21 years of age is paid at not less than the amount set
out in Table 1 - Salaries for Clerk General Scale Step 6.
1.5 Positions are classified within the
General Scale and Grades 1 to 12 in accordance with the classification and
grading system approved by the Board.
1.6 An Administrative and Clerical Officers
temporarily employed is paid the weekly equivalent of the annual salary
prescribed in Table 1.
2. Promotion - Administrative
and Clerical Officers
Promotion of Administrative and Clerical Officers to a
grade and from grade to grade is subject to the occurrence of a vacancy in such
grade
PART C
DEPARTMENTAL PROFESSIONAL OFFICERS
1. Salaries -
Departmental Professional Officers
1.1 The salary rates for Departmental
Professional Officers are set out in Table 2 of Part F, Monetary Rates.
1.2 Departmental Professional Officers
temporarily employed are paid the weekly equivalent of the annual salary
prescribed in Table 2.
2. Increments -Departmental Professional
Officers
2.1 The payment of
increments under the scale of salaries prescribed for Departmental Professional
Officers shall be subject to approval by the appropriate People Leader.
2.2 One month prior
to the date on which a Departmental Professional Officer will become eligible
for an increment of salary, the appropriate People Leader shall report as to
conduct and the manner in which the duties of the officer have been performed.
2.3 In cases where
the recommendation of the appropriate People Leader is averse to the granting
of an increment, the officer affected shall have the right of appeal.
3. Calculation of
Service
3.1 In calculating
years of service the period shall not take into account any period in respect
of which an increment has been refused.
3.2 Service will
not include any leave of absence without pay exceeding five days in any
incremental year.
PART D
LEGAL OFFICERS
1. Salaries - Legal
Officers
1.1 A minimum
salary at the rate prescribed for the fifth year of service in Grade 1 shall be
paid to a Legal officer who:
a) Has been
admitted as a Solicitor of the Supreme Court of New South Wales; or
b) Has completed
two years practical legal experience in Insurance and Care NSW or its
predecessor at the time of the signing of this award or the equivalent approved
by the Board; or
c) Has been
admitted as a Barrister of the Supreme Court of New South Wales and either:
i) Prior
to such admission had completed two years practical legal experience in
Insurance and Care or its predecessor at the time of the signing of this award
or the equivalent approved by the Board; or
ii) Since
acquiring the qualification by virtue of which the Legal officer was so
admitted has:
(a) Complete
twelve months approved practical legal experience in Insurance and Care or its
predecessor at the time of the signing of this award or the equivalent approved
by the Board; or
(b) Completed two
years satisfactory and appropriate practical legal experience.
1.2 No Legal
officer shall be eligible to progress beyond the salary prescribed for the
second year of service in Grade II until the Legal officer has complied with
the requirements of paragraphs (a) or (c) of proviso 1 of this clause.
1.3 Legal Officers
temporarily employed shall, unless otherwise determined by the Board, be paid
the weekly equivalent of the annual rates specified.
1.4 The salary of a
retired Legal officer who is re-employed after attaining age 60 years at a
salary within Grade I, II or III of this Agreement shall not be increased
beyond the salary point at which the Legal officer is employed without the
special approval of the
Board.
1.5 The salary rates for Legal Officers are
set out in Table 3 of Part F, Monetary Rates
2. Increments - Legal Officers
2.1 The payment of
increments under the scale of salaries prescribed for Legal Officers shall be
subject to approval by the appropriate People Leader.
2.2 One month prior
to the date on which a Legal Officer will become eligible for an increment of
salary, the appropriate People Leader shall report as to conduct and the manner
in which the duties of the officer have been performed.
2.3 In cases where
the recommendation of the appropriate People Leader is averse to the granting
of an increment, the officer affected shall have the right of appeal to the
CEO&MD.
3. Conditions for
Progression - Legal Officers
3.1 A Legal Officer
who has served for twelve months on the maximum rate prescribed for Grade I
shall be advanced to the minimum salary for Grade II provided that the Group
Executive, after the necessary review, has certified:
3.1.1 That work
appropriate to Grade II is available; and
3.1.2 That the Legal
Officer concerned is suitable to be allotted to such work and the Group
Executive approves the progression of the said officer to Grade II. The review
shall be made by the Group Executive in the case of every officer at or prior
to the completion of twelve months service on the maximum rate prescribed for
Grade 1.
3.2 After twelve
months service on the maximum salary prescribed for Grade II a Legal Officer
shall be eligible to be considered for progression to Grade III. Upon such
occurrence the Group Executive shall review the quality of work being performed
or the quality of work which is available to be assigned to the Legal Officer.
If the Group Executive is satisfied;
3.2.1 That work
appropriate to Grade III is required to be performed;
3.2.2 That the Legal
Officer concerned is suitable to be allotted to such work; and
3.2.3 That the Legal
Officer’s performance of the duties warrants such progression,
The Group Executive may approve the progression to Grade
III from the anniversary of the attainment of the maximum salary prescribed for
Grade II if the Legal Officer satisfies the requirements of this sub-clause at
that date or from such date that the conditions of these requirements are
satisfied.
3.3 Promotion
beyond Grade III shall be subject to the occurrence of a vacancy.
PART E
SENIOR OFFICERS
1. Salaries - Senior
Officers
1.1 All senior
officers will be paid in accordance with the salary structure as set out in
Table 4 of Part F, Monetary Rates.
1.2 Pay movements
within each grade will be incremental (12 months) subject to satisfactory
conduct and service.
1.3 There is to be
no broadbanding of grades.
PART F
MONETARY RATES
SALARIES AND CLASSIFICATIONS
1.1 At the time of
the making of this Award, no officer covered by this Award will suffer a
reduction in his or her rate of pay or any loss or diminution in his or her
conditions of employment as a consequence of the making of this Award.
1.2 The
classifications and salary rates set out in Tables 1 to 4 in Part F, Monetary
Rates of this award, are set in accordance with the Crown Employees (Public
Sector - Salaries 2017) Award. Should there be any variation or replacement
Award of this Award, Insurance and Care staff members will maintain the same
salary relationship.
Administrative and Clerical Officers
Table 1
Classification and
Grades
|
Common
|
1.7.17
|
|
Salary Point
|
Per annum
|
|
|
$
|
Clerks General Scale
|
|
|
Clerks General Scale step 1
|
4
|
29,855
|
Clerks General Scale step 2
|
6
|
33,880
|
Clerks General Scale step 3 - 1st year of service or 18 years
|
7
|
36,012
|
Clerks General Scale step 4 - Minimum for
|
9
|
40,805
|
- employee with Business Administration Certificate III,
Government
|
|
|
Certificate III or equivalent at 18 years of age
|
|
|
- employee with Higher School Certificate qualification at
19 years of age
|
|
|
Clerks General Scale step 5 - Minimum for:
|
11
|
43,557
|
- employee qualified at Business Administration
Certificate III,
|
|
|
Government Certificate III or equivalent and is qualified
at HSC
|
|
|
standard at 17 years of age
|
|
|
- employee 20 years of age
|
|
|
Clerks General Scale step 6 - Minimum for employee 21
years of age
|
17
|
46,945
|
Clerks General Scale step 7
|
20
|
48,225
|
Clerks General Scale step 8
|
23
|
50,265
|
Clerks General Scale step 9
|
25
|
51,177
|
Clerks General Scale step 10
|
28
|
52,447
|
Clerks General Scale step 11
|
32
|
54,387
|
Clerks General Scale step 12
|
36
|
56,358
|
Clerks General Scale step 13
|
40
|
58,440
|
Provided that officers who on 6th December 1979 were on 14th
year of
|
|
|
General Scale and paid a personal allowance of $417.00
p.a. in terms of
|
|
|
Circular No 202 of 1979 shall be paid by way of allowance
above Step 13
|
|
|
of the General Scale
|
|
|
Grade 1
|
|
|
1st year of service
|
46
|
61,658
|
Thereafter
|
49
|
63,469
|
Grade 2
|
|
|
1st year of service
|
52
|
65,240
|
Thereafter
|
55
|
67,031
|
Grade 3
|
|
|
1st year of service
|
58
|
68,929
|
Thereafter
|
61
|
71,008
|
Grade 4
|
|
|
1st year of service
|
64
|
73,224
|
Thereafter
|
67
|
75,476
|
Grade 5
|
|
|
1st year of service
|
75
|
81,369
|
Thereafter
|
78
|
83,935
|
Grade 6
|
|
|
1st year of service
|
82
|
87,225
|
Thereafter
|
85
|
89,781
|
Grade 7
|
|
|
1st year of service
|
88
|
92,470
|
Thereafter
|
91
|
95,235
|
Grade 8
|
|
|
1st year of service
|
95
|
99,204
|
Thereafter
|
98
|
102,359
|
Grade 9
|
|
|
1st year of service
|
101
|
105,409
|
Thereafter
|
104
|
108,373
|
Grade 10
|
|
|
1st year of service
|
108
|
112,797
|
Thereafter
|
111
|
116,157
|
Grade 11
|
|
|
1st year of service
|
116
|
121,917
|
Thereafter
|
120
|
127,085
|
Grade 12
|
|
|
1st year of service
|
126
|
135,045
|
Thereafter
|
130
|
140,996
|
Departmental Professional Officers
Table 2
Classification and
Grades
|
Common
|
1.7.17
|
|
Salary Point
|
Per annum
|
|
|
$
|
Grade I -
|
|
|
1st year of service
|
46
|
61,658
|
2nd year of service
|
50
|
64,086
|
3rd year of service
|
56
|
67,659
|
4th year of service
|
63
|
72,520
|
5th year of service
|
70
|
77,660
|
6th year of service and thereafter
|
76
|
82,265
|
Grade II -
|
|
|
1st year of service
|
81
|
86,293
|
2nd year of service
|
84
|
88,851
|
3rd year of service
|
87
|
91,559
|
4th year of service and thereafter
|
91
|
95,235
|
Grade III -
|
|
|
1st year of service
|
95
|
99,204
|
2nd year of service
|
98
|
102,359
|
3rd year of service
|
100
|
104,397
|
4th year of service and thereafter
|
104
|
108,373
|
Grade IV -
|
|
|
1st year of service
|
108
|
112,797
|
2nd year of service and thereafter
|
110
|
115,033
|
Grade V -
|
|
|
1st year of service
|
114
|
119,548
|
2nd year of service and thereafter
|
116
|
121,917
|
Grade VI -
|
|
|
1st year of service
|
119
|
125,714
|
2nd year of service and thereafter
|
121
|
128,178
|
Grade VII -
|
|
|
1st year of service
|
124
|
132,140
|
2nd year of service and thereafter
|
126
|
135,045
|
Grade VIII -
|
|
|
1st year of service
|
129
|
139,440
|
2nd year of service and thereafter
|
130
|
140,996
|
Legal Officers
Table 3
Classification and
Grades
|
Common
|
1.7.17
|
|
Salary Point
|
Per annum
|
|
|
$
|
Legal Officers
|
|
|
Grade I
|
|
|
1st year of service
|
51
|
64,583
|
2nd year of service
|
55
|
67,031
|
3rd year of service
|
58
|
68,929
|
4th year of service
|
61
|
71,008
|
5th year of service
|
65
|
73,840
|
Grade II
|
|
|
1st year of service
|
73
|
79,922
|
2nd year of service
|
78
|
83,935
|
3rd year of service
|
84
|
88,851
|
4th year of service
|
89
|
93,401
|
5th year of service
|
93
|
97,126
|
Grade III
|
|
|
1st year of service
|
98
|
102,359
|
2nd year of service
|
101
|
105,409
|
3rd year of service
|
105
|
109,475
|
Grade IV
|
|
|
1st year of service
|
112
|
117,291
|
2nd year of service
|
114
|
119,548
|
Grade V
|
|
|
1st year of service
|
119
|
125,714
|
2nd year of service
|
121
|
128,178
|
Grade VI
|
|
|
1st year of service
|
126
|
135,045
|
2nd year of service
|
128
|
137,891
|
Senior Officers
Table 4
Classification and
Grades
|
1.7.17
|
|
Per annum
|
|
$
|
Grade 1
|
|
Year 1
|
157,763
|
Year 2
|
169,993
|
Grade 2
|
|
Year 1
|
172,870
|
Year 2
|
185,059
|
Grade 3
|
|
Year 1
|
191,251
|
Year 2
|
209,938
|
Rates and Allowances
Table 5
Effective 1 July 2017
Item No
|
Clause No
|
Description
|
Amount
|
1
|
|
Meal expenses on
one day journeys
|
|
|
|
Capital cities and
high cost country centres
|
|
|
|
(see list in item
2)
|
|
|
30.1.1
|
Breakfast
|
$27.05
|
|
30.1.2
|
Dinner
|
$51.85
|
|
30.1.3
|
Lunch
|
$30.45
|
|
|
Tier 2 and other
country centres
|
|
|
|
(see list in item
2)
|
|
|
30.1.1
|
Breakfast
|
$24.25
|
|
30.1.2
|
Dinner
|
$47.70
|
|
30.1.3
|
Lunch
|
$27.65
|
2
|
|
Travelling
allowances
|
|
|
27.8.2
|
Capital cities
|
Per day
|
|
|
Adelaide
|
$285.70
|
|
|
Brisbane
|
$333.70
|
|
|
Canberra
|
$296.70
|
|
|
Darwin
|
$344.70
|
|
|
Hobart
|
$266.70
|
|
|
Melbourne
|
$301.70
|
|
|
Perth
|
$331.70
|
|
|
Sydney
|
$313.70
|
|
27.8.2
|
Other country centres
|
$228.95
|
|
27.8.2
|
Incidental expenses when claiming actual expenses - all
|
|
|
|
locations
|
$19.35
|
|
27.11
|
Daily allowance payable after 35 days and up to 6
|
50% of the
|
|
|
months in the same location - all locations
|
appropriate
|
|
|
|
Location rate
|
3
|
27.8.1
|
Incidental expenses
|
$19.35
|
4
|
|
Use of private motor vehicle
|
Cents per kilometre
|
|
35.2
|
Official business
|
66.0
|
|
35.3
|
Casual rate (40% of official business rate)
|
26.4
|
|
|
Motor cycle allowance (50% of the 1600cc or less
|
|
|
|
official business rate)
|
33.0
|
|
35.7
|
Towing trailer or horse float (13% of the 2601cc and
|
|
|
|
over official business rate)
|
8.6
|
5
|
37
|
Insurance cover
|
Up to $1,173
|
6
|
38.2
|
Exchanges
|
Actual cost
|
7
|
39.1
|
Room at home used as office
|
$931 pa
|
8
|
84.1.1
|
On-call (stand-by) and on-call allowance
|
$0.96 per hour
|
9
|
40.1
|
Uniforms, protective clothing and laundry allowance
|
$4.85 per week
|
10
|
42.1
|
Community language allowance scheme
|
Per annum
|
|
|
(effective ffpp on or after 1
July 2017)
|
|
|
|
- Base Level Rate
|
$1,379 pa
|
|
|
- Higher Level Rate
|
$2,072 pa
|
11
|
43.1
|
First aid allowance
|
Per annum
|
|
|
(effective ffpp on or after 1
July 2017)
|
|
|
|
- Holders of basic qualifications
|
$888 pa
|
|
|
- Holders of current occupational first aid certificate
|
$1,334 pa
|
12
|
87.1
|
Overtime meal allowances
|
Effective
|
|
|
|
1 July 2017
|
|
|
Breakfast
|
$30.05
|
|
|
Lunch
|
$30.05
|
|
|
Dinner
|
$30.05
|
|
|
Supper
|
$11.15
|
NB: In adjusting expense related and salary related
allowances, annual rates are adjusted to the nearest dollar, weekly and daily
rates are rounded to the nearest 5 cents, and hourly rates are moved to the
nearest cent (except for the flying allowance which is moved to the nearest 10
cents).
P. KITE , Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.