Roads and Maritime
Services (Traffic Signals Staff) Award 2017
INDUSTRIAL
RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Roads and Maritime Services.
(Case No. 2017/205582)
Before
Chief Commissioner Kite
|
13 July 2017
|
AWARD
PART A
SECTION ONE - APPLICATION AND OPERATION
1. Title
This
Award will be known as the Roads and Maritime Services (Traffic Signals Staff)
Award 2017. The terms of this Award will apply to Traffic Signals Staff
employed as members of the Transport Service in the RMS Group.
2. Arrangement
Clause No. Subject Matter
PART
A
SECTION
ONE - APPLICATION AND OPERATION
1. Title
2. Arrangement
3. Definitions
4. Purpose of this Award
5. Area, Incidence and Duration
6. No Extra Claims
7. Grievance Resolution
8. Dispute Settlement Procedure
9. Anti-Discrimination
SECTION
TWO - TERMS OF EMPLOYMENT AND RELATED MATTERS
10. Employment Categories
SECTION
THREE - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK AND RELATED MATTERS
11. Working Hours
12. Shift Work
13. Overtime
SECTION
FOUR - WAGES, ALLOWANCES AND RELATED MATTERS
14. Compensatory Travel Leave and Payments
15. Salaries
16. Minimum and Maximum Payments
17. Incremental Progression
18. Higher Duties Relief
19. Salary and Grade Appeals
20. Allowances and Expenses
21. Provision of Tools
SECTION
FIVE - LEAVE AND PUBLIC HOLIDAYS
22. Public Holidays
23. Recreation Leave
24. Long Service Leave
25. Sick Leave
26. Family and Community Service Leave
27. Maternity Leave
28. Adoption Leave
29. Parental Leave
30. Study and Examination Leave
31. Military Leave
32. Special Leave
33. Leave Without
Pay
SECTION
SIX - OTHER CONDITIONS
34. Deduction of Union Membership Fees
35. Contracting Out
36. Local Arrangements
PART
B
Table
1 - Salaries
Table
2 - Allowances and Expenses
APPENDIX
A - Workplace Reform
APPENDIX
B - Grievance Resolution Procedure
APPENDIX
C - Glossary of Terms
3. Definitions
3.1 "RMS"
means the Secretary of the Department of Transport as head of the Transport
Service.
(Note: This definition was varied following the
commencement of the Government Sector
Employment Act 2013 to reflect that the Roads and Maritime Division of the
Government Service of New South Wales established under Chapter 1A of the Public Sector Employment and Management Act
2002 was abolished, staff moved to the Transport Service, and that employer
functions are now exercised by the Secretary of the Department of Transport as
Head of the Transport Service. Notwithstanding that, in some instances in this
Award, references to "RMS" refer to the business of the Roads and
Maritime Services rather than to the employer).
3.2 "Staff"
shall mean the Traffic Signals classifications set out in Part B, Monetary
Rates, employed as members of the Transport Service in the RMS Group.
3.3 "ETU"
shall mean the Electrical Trades Union of Australia, New South Wales Branch.
3.4 "RMS
Group" means the group of staff designated by the Secretary of the
Department of Transport in accordance with the Transport Administration (Staff)
Regulation as being part of the RMS Group who are not part of the Transport
Senior Service.
3.5 "Transport
Service" means the Transport Service of New South Wales established by the
Transport Administration Act 1988.
4. Purpose of This
Award
4.1 The main
purpose of this Award is to ensure that the Roads and Maritime Services, the
staff in the RMS Group and the ETU are
committed to continually improving all areas of the Roads and Maritime Services
Authority to achieve lasting customer satisfaction and increased productivity.
4.2 RMS is totally
committed to improving the way in which it performs its operations to ensure it
meets customers' needs.
4.3 This Award is
made on the understanding that the salaries and conditions existing for
employees at the date on which this Award takes effect shall not be reduced
merely as a consequence of the coming into operation of this Award.
5. Area, Incidence and
Duration
5.1 This Award will
be known as the Roads and Maritime Services (Traffic Signals Staff) Award 2017.
5.2 This Award
applies to Traffic Signals Staff employed within the Traffic Signals
classification set out in Part B, Monetary Rates as members of the Transport
Service in the RMS Group.
5.3 This Award will
remain in force for a period of two (2) years from 1 July 2017, and rescinds
and replaces the Roads and Maritime Services (Traffic Signals Staff) Award 2015
published 3 July 2015 (377 I.G. 290) as varied.
5.4 Staff covered
by this Award will receive a 2.5% increase in base rates of pay operative from
the first full pay period to commence on or after 1 July 2017, and a further
2.5% increase in base rates of pay operative from the first full pay period to
commence on or after 1 July 2018.
5.5 The parties
bound by the Award are the:
(a) The Secretary
of the Department of Transport as head of the Transport Service; and
(b) Electrical
Trades Union of Australia, New South Wales Branch.
5.6 The parties
agree to begin negotiations for a new award at least six months prior to the
expiration of this Award.
6. No Extra Claims
6.1 Other than as
provided for in the Industrial Relations
Act 1996 and the Industrial Relations (Public Sector Conditions of
Employment) Regulation 2014, 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 2019 by a party to this Award.
6.2 The terms of the
preceding paragraph do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing Award
provisions.
7. Grievance
Resolution
7.1 Grievance
resolution
(a) A grievance is
defined as a personal complaint or difficulty. A grievance may:
(i) relate to a perceived denial of an
entitlement;
(ii) relate to a perceived lack of training opportunities;
(iii) involve a suspected discrimination or harassment.
(b) RMS has
grievance resolution policy, guidelines and procedures which should be observed
when grievances arise because of this Award.
(c) The Grievance
Resolution Procedure is detailed in Appendix B.
(d) While the
policy, guidelines and procedures are being followed, normal work will continue.
8. Dispute Settlement
Procedure
8.1 Dispute
settlement
(a) A dispute is
defined as a complaint or difficulty which affects one or more staff member(s).
A dispute may relate to a change in the working conditions of a group of staff
which is perceived to have negative implications for those staff.
(b) It is
essential that management and the ETU consult on all issues of mutual interest
and concern, not only those issues that are considered likely to result in a
dispute.
(c) Failure to
consult on all issues of mutual interest and concern to management and the ETU
is contrary to the intention of these procedures.
(i) If
a dispute arises in a particular work location which cannot be resolved between
a staff member or their representative and the supervising staff, the dispute
must be referred to RMS's Manager of the Industrial Relations Section or
another nominated officer who will then arrange for the issue to be discussed
with the ETU.
(ii) If the issue
cannot be resolved at this level, the issue must be referred to senior
management.
(iii) If the issue
cannot be resolved at this level, the issue must be referred to the Industrial
Relations Commission of New South Wales.
(iv) While
these procedures are continuing, no work stoppage or any other form of work
limitation shall occur and the status quo existing prior to the dispute shall
remain.
(v) The ETU
reserves the right to vary this procedure where a safety factor is involved.
8.2 Disputes
relating to Work Health and Safety
(a) RMS and Traffic
Signals Staff are committed to the Work
Health and Safety Act 2011 (NSW), and other relevant statutory requirements
at all times.
(b) When WH&S
risk is identified or a genuine safety factor is the source of dispute:
(i) Staff
have a duty to notify RMS of the risk through their Work Health and Safety
Committee, and
(ii) To allow RMS
a reasonable amount of time to respond.
(iii) RMS has a
duty to address the issue identified, and
(iv) Report
on the issue within a reasonable timeframe.
(c) The notification
of WorkCover without allowing RMS a reasonable amount
of time to respond to the issue is a breach of the legislative provisions.
(d) RMS respects
the right of staff to refuse to continue work owing to a genuine safety issue.
(e) The unions and
wages staff acknowledges that the creation of an industrial dispute over a
WH&S matter that is not legitimate is a breach under section 268 of the Work Health and Safety Act 2011 (NSW).
9. Anti-Discrimination
9.1 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.
9.2 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 the effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provisions of the Award, which by its terms or operation, has a direct
or indirect discriminatory effect.
9.3 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.
9.4 Nothing in this
clause is to be taken to effect:
(a) Any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) Offering or
providing junior rates of pay to persons under 21
years of age;
(c) Any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act
1977;
(d) A party to
this Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
9.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(1) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(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."
This Award is made on the understanding that the
salaries and conditions existing for employees at the date on which this Award
takes effect shall not be reduced merely as a consequence of the coming into
operation of this Award.
SECTION TWO - TERMS OF EMPLOYMENT AND RELATED MATTERS
10. Employment
Categories
10.1 General
terms
(a) Employment is
by the fortnight for full-time and part-time staff.
(b) RMS will pay
all staff fortnightly by electronic funds transfer into a bank or other
approved financial institution.
(c) RMS and the
ETU recognise that all Staff will perform work as specified by RMS. RMS will
regard any unreasonable failure to perform this work requirement as a refusal
to perform duties. RMS's disciplinary policy will be followed in such cases.
(d) Staff must
carry out duties that:
(i) they have the skills, competence, training and
qualifications to undertake;
(ii) are within the classification structure of this Award;
(iii) do not promote de-skilling.
(e) RMS will not
require a staff member to work in an unsafe or unhealthy environment or in
breach of any statutory or regulatory requirement.
(f) Employment of
full-time and part-time staff can be terminated by RMS with the following
periods of notice dependent upon the years of "continuous service":
(i) up to three year's service 2 weeks notice;
(ii) more than three years but less than five year's
service at least 3 weeks notice;
(iii) more than 5 years service at least
4 weeks notice with a loading of one week on the
applicable period where the staff member is over 45 years and has at least 2
years completed years of continuous service with RMS as at the date of
termination.
10.2 Part-time
employment
(a) Staff may be
employed on a part time basis subject to the needs of RMS and in accordance
with its policies and procedures for permanent and part-time staff.
(b) Staff may
apply to work part-time and the decision to do so is voluntary. No person can
be directed or placed under any duress to move from full-time to part-time
work, or vice versa.
(c) Part-time
staff will be employed as required.
(d) If it is
essential that part-time staff work extra hours, the extra hours will be paid
at the following rates:
(i) ordinary
rates of pay plus a loading of 4/48ths in lieu of recreation leave for work
performed up to the normal daily working hours of full-time staff performing
similar duties;
(ii) appropriate overtime rates for work performed in excess of
the normal working hours of full-time staff performing similar duties.
(e) Individual
working arrangements will be:
(i) agreed between RMS and the staff member
concerned;
(ii) set out in a written agreement signed by both parties and
approved by the appropriate Branch Manager;
(iii) able to be varied at any time by negotiation between the
parties.
(f) The salaries
and conditions of employment for part-time staff will be based on a pro-rata
application of salaries and conditions of employment contained in this Award
for full-time staff performing similar duties.
(g) RMS will
notify the ETU prior to the employment of part time staff.
10.3 Promotion
criteria
(a) All promotion
from one grade to another will be on the basis of merit and be subject to the
existence of a vacancy.
(b) Selection
shall be in accordance with RMS Recruitment, Selection and Appointment
Procedure or equivalent.
SECTION THREE - HOURS
OF WORK, BREAKS, OVERTIME, SHIFTWORK AND RELATED MATTERS
11. Working Hours
11.1 A normal working week for workers other
than continuous shift workers will consist of 38 hours worked as follows:
(a) a 20 day, 4
week cycle;
(b) Monday to Friday inclusive;
(c) 19 working days of 8 hours each;
(d) working hours
each day between 6.00am and 5.30pm.
11.2 The commencing times operating at the
various RMS offices at the time of implementing this clause shall not be
changed without consultation with staff.
11.3 For each day worked 0.4 hours per day
accrues as an entitlement to take the fourth Monday in each work cycle as a
Paid Accrued Day Off ("ADO").
11.4 Staff who attend
RMS conferences, attend training organised by RMS or who sit for an examination
on their ADO will have another day off in lieu.
11.5 Where the ADO falls on a public holiday,
the next working day will be taken as the ADO.
11.6 By agreement with RMS an alternate day in
the four week cycle may be taken as the ADO. The conditions of this Award will
apply to the alternate nominated ADO.
11.7 Each day of paid, sick or recreation leave
taken and any public holidays occurring during any cycle of four weeks is
regarded as a day worked for accrual purposes.
11.8 Staff who are ill
or incapacitated on their ADO are not entitled to paid sick leave on that day,
nor is the staff member’s sick leave entitlement reduced.
11.9 Staff who have either:
(a) not worked a
complete four-week cycle, or
(b) are regarded as
not having worked a complete four-week cycle according to 11.1 above.
receive pro rata entitlements on the ADO for each day (or
fraction of day) worked, or regarded as having been worked. On termination of
employment staff receive pro rata accrued entitlements
on the ADO.
11.10 Staff may be required to work on their ADO for
the following reasons:
(a) to allow other
staff to be employed productively to carry out maintenance outside of ordinary
working hours;
(b) because of
unforeseen delays to a particular project (or part);
(c) emergency or
other unforeseen circumstances on a project.
11.11 Staff may be required to work on a programmed
ADO. If staff work on a programmed ADO they are:
(a) given at least
five (5) working days notice of the change;
(b) not paid
penalty payments;
(c) permitted to
take an alternate day off in the work cycle.
11.12 Staff required to work
on their ADO without the notice period outlined in subclause 11.11 and who are
not provided with an alternate day off will be paid at Saturday overtime rates.
11.13 Staff on continuous shift work accrue 0.4 hours for each eight hour shift work to allow one
complete shift to be taken off for every 20 shift cycle.
11.14 The conditions in 11.2 - 11.11 above also
apply to continuous shift workers.
11.15 Staff on shift work shall have their 20 minute
crib break, at the workplace rather than return to their headquarters for this
purpose.
11.16 Changes to work cycles
(a) If following the working of a particular
work cycle for 12 months or more, RMS proposes to implement an alternative to
the normal working week as set out in subclause 11.1 or return to the normal
working week as set out in subclause 11.1, RMS will engage in a consultation
process in accordance with clause 8 (Dispute Settlement Procedure).
(b) In
addition to any obligation on the parties to consult as set out in clause 8
(Dispute Settlement Procedure), RMS will provide information to the affected
Employees on the need for the change and the rationale for the proposed change
based on business needs.
(c) At
any stage in the consultation process, either party may raise the issue as a
grievance or a dispute in accordance with clause 8.1 (Dispute Settlement).
(d) During
this period of consultation regarding a proposed change in work cycle, or in
the event a party notifies the other of a dispute concerning the proposed
change, the status quo will remain unless recommended or ordered otherwise by
the New South Wales Industrial Relations Commission. For this purpose
"status quo" means the work cycle in place immediately prior to the
proposed change.
(e) Subclause
11.16 will not apply in circumstances where changes to a work cycle are
required for a short term to respond to a fire, flood, storm or other emergency
situation.
12. Shift Work
12.1 General
(a) For the purpose of this clause:
(i) "Afternoon
shift" means a shift on which ordinary time
- finishes after 6.00pm
and
- at
or before midnight.
(ii) "Night shift" means a shift on
which ordinary time
- finishes after
midnight and at or before 8.00am
- commences at or
before 4.00am.
(b) Staff engaged on shift work will be
allowed a minimum of 10 hours between shifts except:
(i) at change of shifts when a minimum of 8 hours will be
allowed, or
(ii) in cases of
unavoidable necessity.
(c) If RMS instructs staff to resume or
continue work without having 10 consecutive hours off duty, they will be:
(i) paid double time until they are released from duty;
(ii) entitled to be
absent, without loss of pay for ordinary working time, until they have
completed 10 consecutive hours off duty.
(d) The conditions in (c) above also apply
to shift workers except that 8 hours will be substituted for 10 hours when
overtime is worked:
(i) for the purpose of changing shift rosters;
(ii) where shift
workers do not report for duty and day workers or shift workers are required to
replace them;
(iii) where a shift is
worked by arrangement between staff themselves.
(e) In addition to salaries to which they
are entitled under this Award, staff on afternoon and/or
night shift are paid an additional 15 percent
for each ordinary afternoon or night shift performed on week days.
(f) All time worked:
(i) between 11.00pm and 12.00 midnight Friday;
(ii) between 12.00
midnight Sunday and 7.00am Monday;
is paid a shift loading of 15 percent
of the ordinary rate of pay.
(g) "Sunday time" is:
(i) time worked between 12.00 midnight on Saturday and 12.00
midnight Sunday.
(ii) paid at double
time rate.
(h) "Saturday time" is:
(i) time worked between 12.00 midnight on Friday and 12.00
midnight on Saturday
(i) paid at the rate of time and a half (the time which forms
part of the ordinary hours of the week continues to be taken into consideration
for the calculation of overtime).
(ii) Staff employed under this clause and
working a six or seven-day week three-shift roster are
credited with an additional five days recreation leave per annum. This leave
accrues at the rate of 5/12 of a day for each complete month that an officer so
works.
12.2 Short term shiftwork of up to 2 weeks duration for
construction or maintenance works
(a) Staff required to work shift work will
be given at least 48 hours notice. If shift hours are
changed, staff will be notified by the finishing time of their previous shift.
(b) Shift work will be worked between:
(i) Sunday to
Thursday inclusive, or
(ii) Monday to Friday inclusive.
(c) Working hours and payments for shifts
are:
(i) Single shifts:
- no
longer than 8 hours, and
- paid at time and a
half.
(ii) Single shifts are worked after 6:00pm
and finish before 6:00am.
(iii) For shifts worked between Sunday and
Thursday, Sunday shifts are normal shifts that start before midnight Sunday.
(iv) For shifts
worked between Monday and Friday, Friday shifts are normal shifts that start
before and end after midnight Friday.
(v) Two shifts:
- worked between 6.00
am and midnight or as agreed with RMS, and
- paid at time and a
quarter.
(vi) Three shifts:
- with
the third (night) shift being seven hours and 17 minutes, and
- paid at time and a
quarter.
(d) Staff who are
employed during normal working hours are not allowed to work afternoon or night
shifts except at overtime rates.
(e) Work in excess of shifts hours, Sunday
to Thursday or Monday to Friday (other than public holidays) will be paid
double time.
(f) Time worked on Saturday, Sunday or
public holidays will be paid at overtime rates, provided that:
(i) Friday
shifts referred to in subclause 12.2 (c)(iv) will be
paid at ordinary shift rates.
(ii) Sunday shifts referred to in subclause
12.2 (c)(iii) will be paid at ordinary shift rates
after midnight Sunday.
(g) If staff work a
shift of less than five continuous days and:
(i) it is not due to the actions of staff they will be paid
overtime rates;
(ii) it is due to
the actions of the staff they will be paid normal shift rates.
(h) If a shift exceeds four hours, staff
will be allowed and paid 30 minutes crib time on each shift.
(i) 0.4 of one
hour for each shift worked will be accrued, entitling staff to one shift off
without pay, in every 20 shift cycle, known as the Accrued Day Off (ADO). Wages for the accrued time will be paid in the
wages period during which it has been worked.
(j) Each shift of paid leave taken and any
public holidays occurring during a four week cycle will be counted as a shift
worked for accrual purposes.
(k) Staff who do not work a complete four
week cycle will receive pro-rata accrued entitlements for each shift (or part
of a shift) worked.
(l) Local management and staff will agree
on the:
(i) arrangements for ADOs during the 20 shift cycle;
(ii) accumulation of
ADOs (maximum of five).
(m) Once ADOs have been rostered they must be
taken unless RMS requires a staff member to work in emergencies.
13. Overtime
13.1 General
(a) Overtime will be paid only for work
performed in excess of the normal working hours per day which is specifically
directed by an authorised officer.
(b) Overtime is used to allow essential work
to be carried out which, due to its character or special circumstances, cannot
be performed during normal working hours. It is not an optional work pattern.
(c) Overtime will be kept to a minimum and
other work arrangements such as shift work should be considered before overtime
is undertaken.
(d) If staff work
flexible working hours, overtime will only be paid for approved overtime worked
outside the bandwidth.
(e) Overtime will be paid at the following
rates:
(i) first two hours:
- time
and a half
(ii) after the first
two hours:
- double
time
(iii) all work on
Saturday:
- time
and a half for the first two hours and
- double
time after the first two hours
(iv) all work on
Sunday:
- double
time
(v) all work on a
public holiday:
- double
time and a half
(f) Staff who are
required to attend work on a Saturday, Sunday public holiday, picnic day or ADO
will be paid for at least four hours work at the
appropriate overtime rate.
(g) Overtime is not payable for:
(i) any period of work that is less than a quarter of an hour.
(ii) time taken as a
meal break (except as provided for in 13.1(j)).
(iii) time spent
travelling outside normal hours.
(h) If staff work overtime on a Saturday,
Sunday or public holiday, they may apply for leave in lieu of payment for all
or part of their entitlement calculated at the appropriate overtime rate. This
is provided that:
(i) the application for leave in lieu of payment is made within
two working days of their work on a Saturday, Sunday or public holiday;
(ii) leave in lieu
is taken at the convenience of RMS;
(iii) leave in lieu is
taken in multiples of a quarter of a day;
(iv) the maximum
period of the leave in lieu for a single period of overtime is one day;
(v) leave in lieu is taken within one month
of approval to take leave in lieu, except for work performed on a public
holiday which may, at the election of staff, be added to annual leave credits;
(vi) Staff are paid
for the balance of any entitlement not taken as leave in lieu.
(i) Overtime
will not be paid for attending activities which principally benefit the staff
member concerned and only indirectly benefit RMS. Such activities may include:
(i) conferences of professional bodies.
(ii) lectures
conducted by educational institutions.
(iii) self-nominated
training activities.
(j) Staff required to
work two hours or more overtime after their normal ceasing time are
entitled to:
(i) 30 minutes
for a meal or crib break without loss of pay, after the first 2 hours, and
(ii) a similar time
allowance for each additional 4 hours of overtime worked.
(iii) To qualify for the above allowance staff
must continue to work after their allowed break.
(iv) Staff
required to work past 12 noon on Saturday are entitled to a 30 minute meal break,
without loss of pay between 12 noon and 1 pm.
(k) Staff working overtime and supervising
other staff will be paid the same penalties as those under their control.
(l) RMS may require staff to work
reasonable overtime at overtime rates. An officer may refuse to work overtime
in circumstances where the working of overtime would result in staff working
hours which are unreasonable. For the purposes of this paragraph what is
unreasonable or otherwise will be determined having regard
to:
(i) any risk to the staff member’s health and safety;
(ii) the staff
member’s personal circumstances including any family and carer
responsibilities;
(iii) the needs of the
workplace or enterprise;
(iv) the notice (if
any) given by RMS regarding the working of overtime, and by the officer of
their intention to refuse the working of overtime; or
(v) any other
relevant matter.
13.2 Call-outs
(a) Staff recalled to work
overtime:
(i) having ceased normal duty (whether notified before or after
leaving the premises).
(ii) are paid for a
minimum of four hours work at the appropriate rate
for each time they are recalled.
(iii) will not be
required, except in unforeseen circumstances, to work the full four hours if
the job is completed within a shorter period.
(iv) within four hours
of the normal commencing time and return home prior to the commencement of
normal duties will be entitled to the minimum payment of four hours overtime.
(b) Subclause
13.2(a) does not apply where:
(i) it is customary for staff to return to the workplace to
perform a specific job outside ordinary working hours.
(ii) the overtime is
continuous (subject to a reasonable meal break) with the completion or
commencement of ordinary working time.
(c) Overtime worked on a call-out where the
actual time worked is less than three hours on such recall or on each of such
recalls shall not be regarded as overtime for the purposes of 10 consecutive
hours off duty as outlined in subclause 13.3 below.
(d) Despite 13.2(c), where a staff member:
(i) is called out
on two or more occasions, and each recall is less than three hours duration,
and the timing of the callouts means that the staff member does not have a
sufficient amount of sleep meaning that he or she will not be in a fit state to
attend work, the staff member should discuss with their supervisor to delay
their commencement of duty to ensure that the staff member has sufficient rest.
(ii) The staff member should be given
sufficient additional rest time except in cases of emergency where the staff
member is required for duty.
(iii) When additional rest time is granted to a
staff member, they will be paid at ordinary rates for the period that they are
absent from work.
(iv) Should RMS not be able to grant the staff
member additional rest time in accordance with subclause13.2(d)(i) and the staff member is required to attend for duty, no
additional penalty payment will be made. Penalty payments will only be made
where sub clause subclause13.3 comes into operation.
13.3 Rest break between shifts after overtime
(a) Staff required to work after finishing a
shift without a break of 10 consecutive hours before their next starting time
are entitled to be absent from duty for 10 consecutive hours without deduction
of pay.
(b) Staff required to commence duty before
the expiration of the 10 hour break will be paid double time for the time
worked.
(c) The provisions of (a) and (b) above also
apply to shift workers who rotate from one shift to another by substituting
"10 hours" with "8 hours":
(i) for the purpose of changing shift rosters.
(ii) where a shift
worker does not report for duty.
(iii) where the shift
worked by arrangement between staff.
SECTION FOUR - WAGES,
ALLOWANCES AND RELATED MATTERS
14. Compensatory Travel Leave and Payments
14.1 Staff are entitled
to claim ordinary time payment or compensatory leave (if RMS approves) when RMS
directs them to travel in connection with official business:
(a) to and/or from
somewhere other than their normal headquarters.
(b) outside normal
working hours.
14.2 Staff travelling on a day where they are
not required to work may claim for time spent in travelling after 7.30am.
14.3 Staff travelling on a day where they are
required to work may claim for time spent travelling before the normal start
time or after the normal finishing time, provided that:
(a) the normal time
for the trip from home to headquarters and return is deducted from travelling
time;
(b) periods of less
than ¼ hour on any day are disregarded;
(c) travelling time
does not include any travel between 11.00pm on one day and 7.30am on the
following day when staff have travelled overnight and accommodation has been
provided;
(d) travelling time
is calculated on the basis of reasonable use of the most practical and
economical means of transport;
(e) travelling time
does not include travelling for a permanent transfer which:
(i) has increased salary.
(ii) is for
disciplinary reasons.
(iii) is made at the
staff member's request.
(f) travelling time
does not include travel by ship on which meals and accommodation are provided.
14.4 Staff are entitled
to claim waiting time as follows:-
(a) Where no overnight stay is involved:
(i) 1 hour
shall be deducted from the time of arrival and the commencement of work.
(ii) 1 hour shall be deducted from the time
of ceasing work and the time of departure for home, headquarters or another
work centre.
(b) Where overnight accommodation is
provided:
(i) Any time
from the completion of arrival until the time of departure shall not count as
travelling time unless:
- work is
performed on the day of departure.
- waiting time less one hour shall be
allowed.
(ii) Where no work is done on the day of
departure waiting time less one hour after normal starting time until time of
departure shall be allowed.
15. Salaries
15.1 For a detailed list of the salaries of staff, refer to Part B, Monetary rates.
15.2 For the purposes of this Award:
(a) the weekly rate
will be calculated by dividing the annual salary by 52.17857.
(b) the hourly rate
will be calculated by dividing the weekly rate by 38.
(c) the salary
rates listed in Part B are inclusive of a 1.35% annual leave loading.
16. Minimum and Maximum Payments
16.1 Staff who attend for duty and:
(a) who are not
required shall receive five hours pay unless 12 hours notice
was given personally that they were not required.
(b) who commence
work shall receive 7 hours pay.
17. Incremental Progression
17.1 Staff will be entitled to incremental
progression within a grade after 12 months satisfactory service and conduct on
each step-in grade.
17.2 RMS may withhold an increment or reduce a
staff member’s salary on the basis of the staff member’s:
(a) inefficiency.
(b) misconduct in
an official capacity.
17.3 RMS will provide staff with written reasons
for withholding an increment or reducing their salary within 30 days of the
increment being due, or of the reduction taking effect.
17.4 Periods of leave without pay where the
total period of absence in any one year is greater than 5 days will not count
as service when determining increments.
18. Higher Duties Relief
18.1 When RMS has directed a staff member to
relieve in a higher graded position and the staff member performs the normal
duties of the position, the staff member will be paid an allowance to the first
year salary rate of the position for the full period of relief.
18.2 If a staff member performs the duties of a
higher graded position for 260 days either continuously or not they shall:
(a) be paid the
next higher rate of pay for the position.
(b) be paid the
next higher rate of pay for the position on the completion of a further 260
days relief either continuously or non continuously.
18.3 Periods of relief of less than 5 working
days shall not be counted in the above.
18.4 All time acting in a higher grade position,
except when less than 5 continuous working days, shall be recognised for
determining the appropriate salary when promoted to that grade.
18.5 If a staff member acts in a position more
than one grade above their position the period of relief will only be
recognised in determining the appropriate salary when promoted to the grade
immediately above them.
18.6 Public Holidays falling within the period
of relief shall be paid at the higher rate provided the staff member works in
the higher grade on the day before and after the Public Holiday.
19. Salary and Grade Appeals
19.1 Staff may apply to RMS, through their
Branch/Section Manager, for an:
(a) increase in
salary in excess of the rate of salary provided in this Award.
(b) alteration in
the grade to which the staff member is appointed.
19.2 Staff may appeal to RMS if they:
(a) are
dissatisfied with a decision of RMS,
(i) in respect of the staff member’s salary or grade.
(ii) in respect of
any other matter under Part 7 of the Industrial
Relations Act 1996 (NSW).
(b) do not exercise
their rights before the Industrial Relations Commission by forwarding a Notice
of Appeal to RMS within 30 days of being advised of the decision to be
appealed. The Notice will set out the grounds for appeal.
19.3 RMS will hear the appeal and allow the
staff member to either:
(a) attend the
appeal and present the case, or
(b) arrange for
their representative to present the case.
20. Allowances and Expenses
20.1 Meals on Journeys
that do not require Overnight Accommodation
(a) Staff who travel on official business
and who do not need to stay temporarily at a place other than their home, will
be paid an allowance as set out in Table 2 "Allowances and Expenses"
of Part B "Monetary Rates" of this Award.
(i) breakfast
- when RMS requires
them to start travelling at or before 7.00am. and
return after 9.00 am.
(ii) an evening meal
- when
the RMS requires them to travel before 6.30pm and return is after 6.30pm.
(iii) lunch
- when,
due to the journey, travel commences before 1 pm and return is after 2pm.
(b) The allowances will not be paid to staff
unless:
(i) travel is outside their headquarters in the Sydney,
Newcastle, Wollongong Transport Districts.
(ii) other staff
travel at least 25 km from their headquarters.
(c) A meal allowance as set out in Table 2
"Allowances and Expenses" of Part B "Monetary Rates" of
this Award will be paid when:
(i) on the first day a staff member transfers from one work
location to another more than 25 km from their headquarters in the same
Transport District Headquarters.
(ii) a staff member
attends an evening meeting at a location in the same Transport District 25 km
from their headquarters.
(d) The hours referred to above shall read
one hour earlier in respect of staff working at offices or
depots which start work at 6.00am.
20.2 Meals on overtime
(a) A meal allowance as set out in Table 2
"Allowances and Expenses" of Part B "Monetary Rates" of
this Award will be paid when working overtime:
(i) for longer than one and half hours.
(ii) for working
each additional four hours.
(b) When recalled to work a meal allowance
will be paid:
(i) after working four hours.
(ii) after each
additional four hours worked.
(c) When recalled to work overtime a crib
time of 20 minutes without loss of pay will be allowed for each four hours
worked if work continues after the break.
20.3 Private motor
vehicle allowances
(a) If staff do not
wish to use their private motor vehicles for RMS business, under no
circumstances can they be required to do so.
(b) Staff may use their private motor
vehicle on official RMS business only if:
(i) there is no RMS vehicle, or public or other transport
available and
(ii) the use of the
private motor vehicle is essential for the economic performance of the staff
member’s duties.
(iii) the use is
authorised in advance.
(c) Staff will be paid the:
(i) RMS
business rate
- for
use of a private vehicle on RMS business
(ii) Specified journey rate
- for
use of private vehicle for transport to a temporary work location
- for the approved use of a private vehicle
on RMS business when a RMS vehicle or public transport is available, but the
staff member chooses and prior approval is given to use the private vehicle.
(d) The rates of motor vehicle allowances
will be published separately by RMS.
(e) If staff are entitled to the cost of
rail travel, but choose to use their private motor vehicle, they will be
reimbursed the equivalent cost of the rail fares (including sleepers where
appropriate).
20.4 Residential course
allowances
(a) Staff who attend
residential courses are entitled to allowances.
20.5 Lodging and travelling allowances
(a) If RMS requires staff to journey away
from their headquarters and stay overnight at a place other than home, RMS may:
(i) elect to arrange and pay for the accommodation direct to the
accommodation provider and;
(ii) Reimburse the staff member the
appropriate meal and incidental allowance as set out in Table 2
"Allowances and Expenses" of Part B "Monetary Rates" of
this Award, or
(iii) elect to pay
actual and reasonable expenses, or
(iv) elect to pay full
expenses subject to the staff member obtaining prior approval to arrange and
pay for the overnight accommodation.
(b) The standard of accommodation for staff
is expected to be at a level of 3 star as rated by the NRMA or other recognised
accommodation assessors where such standard of accommodation is available.
(c) In all circumstances staff must be given
prior approval to travel.
20.6 Fares to temporary
work location
(a) Staff who take
up duty temporarily at a location different than their regular place of work
will receive the amount of any additional fares reasonably incurred in
travelling to and from the temporary location.
20.7 Relocation
expenses
(a) Staff shall not have their headquarters
changed when it is known they will be relocated for less than six months unless
they are surplus and have to be absorbed.
(b) Staff who are
relocated to new headquarters are entitled to reimbursement for necessary costs
actually incurred in relocating themselves, their dependants and their
household to the new headquarters. Unless approved by an RMS Director, this
does not apply to staff who relocate:
(i) at their own request within two years of starting duty at
their previous headquarters.
(ii) to a new
headquarters within 34 km of their previous headquarters.
(iii) due to official
misconduct.
(iv) at their own
request because of ill health or other hardship.
(c) The reimbursement of actual and
necessary relocation costs will include:
(i) travel and temporary accommodation on relocation.
(ii) temporary
accommodation at the new headquarters.
(iii) removal or
storage of furniture and effects.
(iv) conveyancing
costs for the sale of the residence at the former location where a new
residence or land for a residence is purchased at the new location.
(v) rental subsidy
for increased rental costs at the new location.
(vi) education costs
for dependent children.
(vii) relocation costs
on a staff member's retirement.
(viii) relocation costs
for a staff member's spouse and/or dependant on the death of a staff member (to
the point of recruitment or equivalent).
21. Provision of Tools
21.1 The salary rates of Traffic Signals staff
in Part B takes into account that the tools listed below are provided and
adequately maintained by such staff:
Centre punch
|
Diagonal cutting nippers (insulated, 150mm)
|
Measuring tape (3m)
|
Allen keys, metric
|
Hacksaw
|
Insulated screwdriver (Phillips No 2,
|
|
100mm)
|
Ball pien hammer (250g)
|
Screwdriver (Phillips No 0, 75mm)
|
Multigrips or vise-grip
|
Insulated screwdriver (Square, 250x10mm)
|
Knife (Stanley)
|
Screwdriver (Square, 200 x 8mm)
|
Universal adjustable wire stripper
|
Screwdriver (Square, 130 x 6mm)
|
Combination pliers (insulated)
|
Screwdriver (Square, 100 x 3mm)
|
Long-nose pliers (insulated, 150mm)
|
Shifting spanner (100mm)
|
|
Shifting spanner (200mm)
|
SECTION FIVE - LEAVE AND PUBLIC HOLIDAYS
22. Public Holidays
22.1 This section
covers the following gazetted public holidays:
(a) New Year’s Day
(b) Australia Day
(c) Good Friday
(d) Easter
Saturday
(e) Easter Monday
(f) Anzac Day
(g) Queen’s
Birthday
(h) Labour Day
(i) Christmas
Day
(j) Boxing Day
(k) Proclaimed
state public holidays
22.2 If the holiday
falls on a weekend, no additional payment will be made unless RMS requires
staff to work on that day. For further details, refer to clause 12, Shiftwork and clause 13, Overtime.
22.3 Local
public holidays
(a) Staff in
country areas may observe up to two local public holidays (or four half days)
each year. This applies regardless of whether the local public holidays are:
(i) proclaimed (gazetted).
(ii) locally agreed.
(b) Recreation
leave, study leave and flexible leave may be taken in conjunction with local
public holidays.
22.4 Public
service holiday
(a) Staff observe the Union Picnic Day instead of the Public Service
Holiday.
(b) Staff are entitled to a day's leave with pay on the first Monday
in December to attend an annual union picnic. If they are required to work on
that day they will be granted a leave day in lieu.
23. Annual Leave
23.1 Annual leave
accrues at 1 2/3 days for each completed month of service, up to a maximum of
20 working days per year.
23.2 Leave is granted
at the discretion of RMS.
23.3 The minimum
period of leave that may be claimed is one hour. Any leave claimed in excess of
one hour is to be claimed to the nearest one minute.
23.4 Staff employed
on seven day continuous shift basis will accrue recreation leave of 2 1/12 days
for each completed month to a maximum of 25 days.
23.5 Staff shall
wherever practicable, take their annual leave within six months of it becoming
due.
23.6 RMS may direct
staff to take leave for which they are eligible, provided that:
(a) RMS gives the
staff member at least four weeks’ notice of the starting date of the leave.
(b) as
far as practicable, RMS takes the staff member’s wishes into account when
fixing the time for the leave.
24.
Long Service Leave
24.1 General
(a) The
entitlement to long service leave is set by the Transport Administration Act 1988 (NSW).
(b) Staff who have completed 10 years service
recognised by RMS, are entitled to long service leave of:
(i) 44
working days at full pay, or
(ii) 88 working
days at half pay, or
(iii) 22 working days
at double pay.
(c) For each
additional calendar year of service completed in excess of 10 years, staff accrue 11 working days long service leave.
(d) From 1 January
2005, staff who have completed at least 7 years continuous service with the
RMS, or as recognised in accordance with paragraphs (g) and (h) below, are
entitled to access the long service leave accrual indicated in (b) above on a
pro rata basis of 4.4 working days per completed year of service.
(e) Staff who are
employed part-time are entitled to long service leave on the same basis as that
applying to full-time staff but payment for the leave is calculated on a pro
rata basis.
(f) Staff who are employed as shift workers are debited the number of
working days that fall during the period of leave, which may include a Saturday
or Sunday that forms a part of the ordinary roster.
(g) All previous
full-time and part-time service with RMS, the former Roads and Traffic
Authority of New South Wales, Department of Main Roads, Department of Motor Transport
or the Traffic Authority are to be taken into account as service when
determining the appropriate rate of accrual of long service leave for staff
employed on a full-time or part-time basis with RMS.
(h) Prior service
with other NSW Government bodies may also be recognised by RMS in accordance
with Part Three, Division 2 and Schedule 2 of the Government Sector Employment
Regulation 2014.
(i) Nothing
in paragraphs (g) or (h) above entitles staff to payment for previous service
recognised, where the accrual for that service has previously been taken as
long service leave or paid out on termination.
24.2 Effect
of approved Leave Without
Pay (LWOP) on Long Service Leave Entitlements.
(a) To determine
if staff have completed the required 10 years of service:
(i) any period of approved leave taken without pay before 13
December 1963 counts as service to determine whether or not staff have
completed 10 years of service.
(ii) any period of approved leave taken without pay after 13
December 1963 does not count towards the 10 years of service.
(b) Where staff have completed 10 years continuous service with RMS,
or as recognised in accordance with subclauses 24.1 (g) and (h) above, approved
LWOP for the reasons listed below counts as service for long service leave
accrual:
(i) military service (e.g. Army, Navy or Air Force);
(ii) major interruptions to public transport;
(iii) periods of leave accepted as workers compensation.
(c) For staff who
have completed 10 years continuous service, or as recognised in accordance with
subclauses 24.1 (g) and (h) above, any period of approved leave without pay not
exceeding 6 months counts for the purpose of calculating length of service.
24.3 Taking
of long service leave
(a) Subject to RMS
approval, staff may take long service leave:
(i) at a time convenient to RMS;
(ii) for a minimum period of one hour;
(iii) at full pay, half pay or double pay.
(b) If staff take leave at double pay:
(i) the
long service leave balance is debited the actual number of working days/hours
of leave at full pay, plus the equivalent number of working days/hours at full
pay necessary to make up the additional payment;
(ii) the additional payment is made to staff as a taxed,
non-superable allowance;
(iii) all leave entitlements will accrue based on the actual
number of working days/hours absent from work on long service leave.
(c) If
staff take leave at half pay:
(i) the long service leave balance will be debited at the rate
of half the days/hours taken as long service leave;
(ii) recreation leave entitlements will accrue at half the
ordinary rate for the days/hours absent from work;
(iii) all other entitlements will accrue based on the actual
number of working days/hours absent from work on long service leave.
(d) For staff
whose ordinary hours of work are constant, payment is made at the current rate
of pay.
(e) For part-time
staff whose ordinary hours are not constant, payment is made based on the
substantive rate of pay averaged over:
(i) the past 12 months, or
(ii) the past 5 years.
whichever is the greater.
(f) Payment
includes all allowances in the nature of salary but does not include any
amounts normally paid for shift work, overtime or penalty rates.
(g) Payments will
be increased to reflect any increment action that staff become eligible for
while absent on long service leave.
(h) Staff who take long service leave whilst in service, may choose to be
paid fortnightly or in one lump sum in advance of taking leave.
24.4 Sick
leave while on long service leave
(a) Staff are only entitled to claim sick leave that occurs during an
absence on long service leave when sick for five or more consecutive working
days.
(b) To claim sick
leave, staff must provide a medical certificate for the period claimed as soon
as possible.
(c) If sick leave
is approved, the long service leave balance is re-credited with:
(i) the equivalent period of sick leave if taking leave on a
full or half pay basis; or
(ii) the equivalent period of sick leave and the extra amount of
long service leave entitlement accessed to make up the double pay allowance if
taking leave on a double pay basis.
(d) If long
service leave is taken at double pay, RMS will recoup any allowance already
paid for the period being claimed as sick leave.
(e) The above
apply if staff take long service leave prior to
retirement but not long service leave prior to resignation or termination of
services.
24.5 Public
Holidays while on long service leave
(a) Public
holidays that fall while staff are absent on long service leave are not
recognised as long service leave and are not deducted from the long service
leave balance.
(b) Payment for a
public holiday is calculated on the ordinary hours of work and paid at single
time even if staff have chosen to take long service leave at half-pay or double
pay.
24.6 Payment
or transfer of long service leave on
termination
(a) Staff who are entitled to long service leave on termination of
employment, including retirement, are paid the monetary value of the leave as a
gratuity, in lieu of taking the leave.
(b) For staff
employed on a full-time basis, payment is calculated at the substantive rate of
pay on the last day of service.
(c) Staff who have at least five years’ service as an adult but less than
seven years’ service, are paid pro-rata long service leave if employment is
terminated:
(i) by RMS for any reason other than serious and intentional
misconduct; or
(ii) by staff request in writing on account of illness,
incapacity or domestic or other pressing necessity.
(d) In
the event (c) applying, any period of leave without pay taken does not count as
service.
(e) Staff who
resign and immediately commence employment in another government sector agency
or in a related government agency may be entitled to have their existing long
service leave accrual recognised by their new employer pursuant to Schedule 2
of the Government Sector Employment Regulation 2014.
25. Sick Leave
25.1 General
(a) Staff are eligible for sick leave where it is established that
leave is necessary due to ill health.
(b) Staff are eligible for 15 days' sick leave, fully cumulative in
each calendar year.
(c) If
staff are unable to attend work due to illness or
injury, they must advise their manager as soon as reasonably practicable, and
preferably before starting time:
(i) that they are unable to attend work,
(ii) the nature of their illness or incapacity; and
(iii) the estimated period of absence from work.
(d) The
granting of paid sick leave shall be subject to the staff member providing
evidence which indicates the nature of illness or injury. 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.
(e) Staff absent
from duty for more than 2 consecutive working days because of illness must
provide a medical certificate to RMS in respect of the absence.
(f) Staff
who take sick leave in excess of 5 uncertified
working days in a calendar year will be required to produce medical
certificates for any further sick leave absences for the remainder of that
calendar year.
(g) 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 may be granted sick leave for the whole period if RMS is
satisfied that the reason for the absence is genuine.
(h) If
RMS 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 a
medical practitioner for advice.
(i) The type of leave granted to the staff member will be
determined by RMS based on the medical advice received.
(i) If sick leave is
not granted, RMS will, as far as practicable, take into account the wishes of
the staff member when determining the type of leave granted.
(ii) RMS 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.
(j) Nothing in
subclause 25.1 removes the right of RMS to request medical certificates for
single day absences where required or from referring the staff member for an
independent medical assessment for other reasons as prescribed in RMS’s Sick
Leave Procedures - Fitness to Continue Assessment or equivalent.
25.2 Additional
special sick leave
(a) Staff are eligible for additional special sick leave if they:
(i) have at least ten years' service recognised by RMS.
(ii) have been or will be absent for more than three months, and
(iii) have exhausted or will exhaust available paid sick leave.
(b) Staff who are eligible for additional special sick leave may be
granted:
(i) one calendar month additional special sick leave for each
ten years of service; and
(ii) an additional ten calendar days less all additional special
sick leave previously granted.
(c) If any special
sick leave is taken during service, the entitlement to special sick leave will
be reduced by the amount of special sick leave already taken.
26.
Family and Community Service Leave
26.1 Staff may be granted family and community
service leave for reasons related to unplanned and emergency family
responsibilities or other emergencies as outlined in subclause 26.2. RMS may
also grant leave for the purposes as outlined in subclause 26.3. Non emergency appointments or duties shall be scheduled or
performed outside normal working hours or through approved use of other
appropriate leave of the staff member.
26.2 Such unplanned and emergency situations may
include, but not be limited to, the following:
(a) Compassionate
grounds, such as the death or illness of a close member of the family or a member
of the staff member's household;
(b) 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;
(c) 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;
(d) Attending
to emergency or unplanned or unforeseen family responsibilities, such as
attending a child's school for an emergency reason or emergency cancellations
by child care providers;
(e) Attendance at court by a staff member to
answer a charge for a criminal offence, only if the Department Head considers
the granting of family and community service leave to be appropriate in a
particular case.
26.3 Family and Community Service Leave may also
be granted for:
(a) 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 Municipal Council,
President of a Shire Council or Chairperson of a County Council; and
(b) 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.
26.4 Family and community service leave shall
accrue as follows:
(a) 2½ days
(19 hours) in the staff member’s first year of service;
(b) 2 ½ days
(19 hours) in the staff member’s second year of service; and
(c) One day
(7.6 hours) per year thereafter.
26.5 Family and community service leave is
available to part-time staff on a pro-rata basis, based on the number of hours
worked.
26.6 Where family and community service leave
has been exhausted, 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 to
cover the period necessary to arrange or attend the funeral of a family member
or relative.
26.7 For the purposes of this subclause,
‘family’ means a staff member’s:
(a) spouse;
(b) de facto spouse, being a person of the
opposite sex who lives in the same house as their husband or wife on a bona
fide basis, although they are not legally married;
(c) child or adult
child (including an adopted child, step child, foster child or ex-nuptial
child);
(d) parent
(including a foster parent or legal guardian);
(e) grandparent or
grandchild;
(f) sibling
(including the sibling of a spouse or de facto spouse);
(g) same sex
partner who they live with as a de facto partner on a bona fide domestic basis;
or
(h) relative who is
a member of the same household where, for the purposes of this definition -
(i) 'relative' means a person related by blood, marriage,
affinity or Aboriginal kinship structures;
(i) 'affinity' means a relationship that one spouse or partner
has to the relatives of another; and
(ii) 'household'
means a family group living in the same domestic dwelling.
26.8 Subject to approval, accrued sick leave may
be accessed when family and community service leave has been exhausted, to
allow staff to provide short-term care or support for a family member who is
ill.
26.9 Access to other forms of leave is available
to staff for reasons related to family responsibilities or community service,
subject to approval. These include:
(a) Accrued recreation leave.
(b) Leave without pay.
(c) Time off in lieu of payment for
overtime.
(d) Make up time.
26.10 Depending on the circumstances, an individual
form of leave, or a combination of leave options may be taken. It is RMS’s
intention that each request for family and community service leave be
considered equitably and fairly.
26.11 A staff member appointed to RMS who has had
immediate previous employment in the NSW Public Sector may transfer their
family and community service leave accruals from the previous employer.
27. Maternity Leave
27.1 Female staff are entitled to maternity leave to enable them to retain
their position and return to work within a reasonable time after the birth of
their child.
27.2 Unpaid maternity
leave may be granted on the following basis:
(a) up to nine weeks before the expected date of birth.
(b) up to 12 months after the actual date of birth.
27.3 Permanent Staff
may be granted paid maternity leave if they have completed at least 40 weeks’
continuous service in the NSW public sector prior to the expected date of birth
of their child at the ordinary rate of pay for:
(a) fourteen weeks
at full pay or
(b) 28 weeks at
half pay or
(c) a combination of the two options above.
27.4 The equivalent
pay for the period of leave can be requested as a lump sum, paid in advance of
starting maternity leave.
27.5 The lump sum
payment will be made up to the maximum period indicated or for the period of
leave actually taken, whichever is the lesser.
27.6 A staff member
who commences a subsequent period of maternity or adoption leave within 24
months of commencing an initial period of maternity or adoption leave will be
paid:
(a) at the rate they were paid before commencing the initial
leave if they have not returned to work; or
(b) 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
(c) at a rate based on the hours worked prior to the subsequent
period of leave where the staff member has not reduced their hours.
27.7 Staff who choose to take paid maternity leave as a lump sum and
request to return to work before the period of leave is completed, must repay
the remainder of the lump sum amount.
27.8 Staff who receive payment under this clause are not entitled to any
payment under clause 29 Parental Leave.
27.9 Where staff are on one form of leave and their child is born
before the expected date of birth, maternity leave commences from the date of
birth of the child.
28. Adoption Leave
28.1 Staff are entitled to adoption leave if they are the person who
assumes the primary role in providing care and attention to the child.
28.2 Adoption leave
starts from the date of taking custody of the child.
28.3 Unpaid adoption
leave is available to all permanent staff and may be taken as:
(a) short adoption leave, being three weeks on leave without
pay.
(b) extended
adoption leave:
(i) up to 12 months on leave without pay.
(ii) including any short or paid adoption leave.
28.4 Paid adoption
leave may be granted to permanent staff who have
completed at least 40 weeks’ continuous service in the NSW public sector prior
to taking custody, at the ordinary rate of pay for:
(a) fourteen weeks
or;
(b) 28 weeks at
half pay or;
(c) a combination of the two options above.
28.5 The equivalent
pay for the period of leave can be requested, as a lump sum, paid in advance of
starting adoption leave.
28.6 Payment will be
made up to the maximum period indicated or for the period of leave actually
taken, whichever is the lesser.
28.7 Staff who chose
to take paid adoption leave as a lump sum and request
to return to work before the period of leave is completed must repay the
remainder of the lump sum amount.
28.8 Staff who receive payment under this clause are not entitled to any
payment under clause 29 Parental Leave.
28.9 A staff member
who commences a subsequent period of maternity or adoption leave within 24
months of commencing an initial period of maternity or adoption leave will be
paid:
(a) at the rate they were paid before commencing the initial
leave if they have not returned to work; or
(b) 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
(c) at a rate based on the hours worked prior to the subsequent
period of leave where the staff member has not reduced their hours.
28.10 Where both
partners are employed in the public sector, adoption leave will only be granted
to one partner for each adoption.
29. Parental Leave
29.1 Staff who are
not entitled to maternity or adoption leave may be entitled to unpaid parental
leave to enable them, as a parent, to share in the responsibility of caring for
their child or children.
29.2 Staff employed
on a full-time or part-time basis who have completed
at least 40 weeks continuous service in the NSW public sector, are entitled to
paid parental leave of:
(a) one week at
full ordinary pay; or
(b) two weeks at
half ordinary pay
the remainder of the requested
leave being unpaid leave.
29.3 Unless otherwise
agreed, the entitlement to paid parental leave will be paid at full ordinary
pay for the first five days of approved leave as set out in subclause 29.2.
29.4 Parental leave
approved by RMS may be taken as:
(a) short parental
leave for an unbroken period of up to five working days at the time of the
birth or other termination of their spouse’s or
partner’s pregnancy or, in the case of adoption, from the date of taking
custody of their child or children.
(b) extended parental leave for a period not exceeding 12
months, less any paid or short parental leave already taken as outlined above.
29.5 Extended
parental leave may commence at any time within two years from the date of birth
of the child or the date of placement of the adopted child and leave may be
taken:
(a) full-time for a period not exceeding 12 months or;
(b) part-time over a period not exceeding two years or;
(c) partly full-time and partly part-time over a proportionate
period of up to two years.
29.6 Communication
during Maternity, Adoption and Parental Leave
(a) Where an
employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, RMS shall take
reasonable steps to:
(i) Make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing maternity, adoption or parental leave.
(ii) Provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing maternity, adoption or parental leave.
(b) The employee
shall take reasonable steps to inform RMS about any significant matter that
will affect the employee’s decision regarding the duration of maternity,
adoption or parental leave to be taken, whether the employee intends to return
to work and whether the employee intends to request to return to work on a
part-time basis.
(c) The employee
shall also notify RMS of changes of address or other contact details which
might affect RMS’s capacity to comply with subclause 29.6(a).
29.7 Rights
of request during Maternity, Adoption or Parental Leave
(a) An employee
entitled to maternity, adoption or parental leave may request that RMS allow
the employee:
(i) to
extend the period of unpaid maternity, adoption or parental leave for a further
continuous period of leave not exceeding 12 months;
(ii) to return from a period of maternity, adoption or parental
leave on a part-time basis until the child reaches school age;
to assist the employee in
reconciling work and parental responsibilities.
(b) RMS shall
consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or RMS’s business. Such grounds might include cost,
lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
(c) The employee’s
request and RMS’s decision made under subclause 29.7(a) must be recorded in
writing.
(d) Request to
return to work part-time
(i) Where
an employee wishes to make a request under subclause 29.7(a)(ii), such a request must be made as soon as
possible but no less than seven weeks prior to the date upon which the employee
is due to return to work from maternity, adoption or parental leave.
30. Study and
Examination Leave
30.1 Staff are entitled to paid study leave if they are studying a
course which:
(a) is
appropriate to their present classification, or
(b) provides progression or reclassification opportunities
relevant to RMS.
30.2 Study leave will
be granted on the following basis:
(a) face-to-face students:
(i) half an hour for every hour of lectures, up to a maximum of
four hours per week, or
(ii) 20 days per
academic year, whichever is the lesser.
(b) correspondence students:
(i) half
an hour for every hour of lecture attendance involved in the corresponding
face-to-face course, up to a maximum of four hours per week; or
(ii) 20 days per
academic year, whichever is the lesser.
30.3 To assist staff
attempting final examinations in courses for which study leave has been
approved and to free them from work immediately prior
to an examination, staff will be given a maximum of:
(a) five days paid
examination leave per calendar year for time occupied in travelling to and from
and attending the examination.
(b) half a day for pre-examination leave on the day of
examination, up to a maximum of five days per calendar year.
31. Military Leave
31.1 Staff who are part-time members of naval, military (including 21st
Construction Regiment) or air force reserves will be eligible for military
leave each 12 months commencing 1 July on the following basis:
(a) military forces:
(i) 14
calendar days annual training.
(ii) 14 calendar
days instruction school, class or course.
(b) naval forces:
(i) 13
calendar days annual training.
(ii) 13 calendar
days instruction school, class or course.
(c) air force:
(i) 16
calendar days annual training.
(ii) 16 calendar
days instruction school, class or course.
(d) an additional grant of up to four calendar days for
additional obligatory training.
32. Special Leave
32.1 Staff will be
granted special leave for jury service.
32.2 In accordance
with RMS Policy and Procedures regarding Special Leave, staff may also be
granted paid special leave for certain activities which are not regarded as
being on duty and which are not covered by other forms of leave. Activities may
include:
(a) transfer
(b) as a witness when called or subpoenaed by the Crown
(c) emergency volunteers
(d) emergency or weather conditions
(e) trade union activities/training
(f) ex-armed
services personnel: Medical Review Board etc.
(g) National
Aborigines' Day
(h) miscellaneous:
(i) the employees own graduation ceremonies
(i) returning officer
(ii) local government - holding official office
(iii) superannuation seminars
(iv) naturalisation
(v) bone marrow donors
(vi) exchange awards - Rotary or Lions
(vii) professional or learned societies
33. Leave Without Pay
33.1 Staff may be
granted a maximum of three years’ leave without pay. Leave without pay is
calculated in calendar days.
SECTION SIX - OTHER CONDITIONS
34.
Deduction of Union Membership Fees
34.1 The
ETU shall provide RMS with a schedule setting out union fortnightly membership
fees payable by members of the ETU in accordance with the ETU’s rules.
34.2 The
ETU shall advise RMS of any change to the amount of fortnightly membership fees
made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to RMS at least one month in advance
of the variation taking effect.
34.3 Subject
to 34.1 and 34.2 above, RMS shall deduct union fortnightly membership fees from
the pay of any employee who is a member of the ETU in accordance with the ETU's
rules, provided that the employee has authorised RMS to make such deductions.
34.4 Monies
so deducted from employees’ pay shall be forwarded regularly to the ETU
together with all necessary information to enable the ETU to reconcile and
credit subscriptions to employees' union membership accounts.
34.5 Unless
other arrangements are agreed to by RMS and the ETU, all union membership fees
shall be deducted on a fortnightly basis.
34.6 Where
an employee has already authorised the deduction of union membership fees from
his or her pay prior to this clause taking effect, nothing in this clause shall
be read as requiring the employee to make a fresh authorisation in order for
such deductions to continue.
35. Contracting Out
35.1 Application and
Definition
(a) For the
purpose of this clause, the term "contract out work" means
reallocating the whole of the work performed currently and exclusively by a
group of Employees covered by this Award to be performed by another source
pursuant to a contract. To be clear, this clause does not apply to a group of
Employees where only part of the work they currently and exclusively perform is
contracted out.
35.2 Considering
Proposal to Contract Out Work
(a) Where RMS
determines it intends to pursue a proposal to contract out work (subject to
Government Approval) relevant unions and affected Employees will be notified.
Sufficient time will be provided to relevant unions and affected Employees to
discuss RMS’s intention to pursue a proposal to contract out work.
35.3 Decision to
Contract Out Work
(a) Once RMS has
finalised a proposal and has made a decision to contract out work, RMS agrees
to provide written information to relevant unions and affected Employees about
the decision, and expected impact on Employees to contract out work. This does
not require the disclosure of confidential or commercial in confidence
information.
(b) Prior to
implementation of a proposal to contract out work, RMS will commence
discussions with relevant unions and affected Employees about the contracting
out process and arrangements for affected Employees.
(c) Subject to
reasonable notice and operational requirements, RMS agrees to allow the unions
reasonable opportunities during working hours to communicate with their members
during the process outlined in subclause 35.3(b) above.
35.4 Dispute
Settlement Procedure
(a) Any issues or
matters in dispute should be dealt with under the Dispute Settlement Procedure
in clause 8 of this Award.
36. Local Arrangements
36.1 Local
arrangements may be negotiated between RMS and relevant Union in relation to
any matter contained in this Award.
36.2 All local
arrangements negotiated between RMS and the relevant Union must:
(a) be approved in writing by RMS;
(b) be approved in writing by the Secretary of the relevant
Union; and
(c) be contained
in a formal document including, but not limited to, an agreement made under
section 68D of the Transport
Administration Act 1988 (NSW).
36.3 A local
arrangement approved in accordance with this clause will override this Award to
the extent of any inconsistency.
Part B
Monetary Rates
Table 1 - Salary Increases
Classification
|
Rates inclusive of
2.5%
|
Rates inclusive of
2.5%
|
|
ffppoa
1/7/2017
|
Ffppoa
1/7/2018
|
|
($) pa
|
($) pa
|
Grade 4
|
|
|
|
|
Year 1
|
67 041
|
68 717
|
|
Year 2
|
69 671
|
71 413
|
|
Year 3
|
72 409
|
74 219
|
Grade 5
|
|
|
|
|
Year 1
|
74 901
|
76 773
|
|
Year 2
|
77 316
|
79 249
|
|
Year 3
|
78 713
|
80 681
|
Grade 6
|
|
|
|
|
Year 1
|
80 441
|
82 452
|
|
Year 2
|
82 880
|
84 952
|
|
Year 3
|
85 596
|
87 736
|
Grade 8
|
|
|
|
|
Year 1
|
96 091
|
98 493
|
|
Year 2
|
99 988
|
102 487
|
|
Year 3
|
103 112
|
105 690
|
Table 2 - Allowances and Expenses
* To be updated in accordance with the NSW Treasury
Circulars
Clause
|
Description
|
$
|
20.1 (a) & (c)
|
Meal on journeys that do not require overnight
accommodation
|
|
|
Meal allowance
|
*
|
20.2
|
Meals on overtime
|
|
|
Meal allowance
|
*
|
20.5 (a)(ii)
|
Lodging and travelling allowances
|
|
|
Breakfast
|
*
|
|
Lunch
|
*
|
|
Evening meal
|
*
|
|
Incidentals
|
*
|
Appendix A - Workplace Reform
A1 Enterprise bargaining infrastructure
Implementation of continuous improvement will be based
on consultation. The following bodies will assist in facilitating a
consultative and participative approach.
A1.1 RMS's Single Bargaining Unit (SBU)
A joint advisory group, to be called the Single
Bargaining Unit, consisting of nominated representatives from the ETU and RMS
management will meet regularly and continue to oversee the development,
negotiation and implementation of an agreed enterprise bargaining agenda to
ensure:
(a) a consistent approach.
(b) an effective implementation process in order to achieve the
agreed outcomes within the allotted time frames.
(c) the achievement of sustainable and measurable productivity
improvements.
A1.2 Project teams
Project teams will be established, if required to
oversee the technical development and implementation of RMS’s workplace reform
agenda items.
Project teams will be under the managerial control of
RMS Project Manager and will include both RMS and ETU nominated staff
representatives.
The project teams will provide regular reports to, and
as requested by, the SBU and will refer any problems which cannot be resolved
at the project level to the SBU for determination.
A1.3 Staff task groups
Staff task groups will be established as required to
research and provide recommendations in line with the agreed terms of
reference.
A1.4 Regional consultative groups
Regional consultative groups will continue in each
region of the Operations Directorate and will include both RMS nominees and ETU
nominated staff.
The groups' role will continue to promote positive
co-operation in overseeing the implementation of each of RMS’s workplace reform
agenda areas within the directorates and to resolve any localised issues
including industrial problems that arise during the implementation process.
The groups will provide regular minutes/reports to, and
as requested by, the SBU and will refer any problems which cannot be resolved
at the directorate level to the SBU for determination.
A1.5 General principles
(a) The SBU,
project teams and regional consultative groups will circulate to these groups minutes of their respective meetings.
(b) Staff assigned
to a project team, task group or regional consultative group will be released
from their normal duties, as required to carry out the responsibilities to
which they have been assigned. Should any problems arise related to such
release, they will be referred to the SBU.
(c) Regional
consultative groups will:
(i) be chaired (to be shared) by the ETU and RMS staff
representatives.
(ii) develop and implement a communication plan to ensure that
directorate staff are kept fully informed of the work of the group and the
ongoing implementation of the enterprise bargaining process across the
directorate.
(d) The SBU,
project teams and regional consultative groups will be able to second a staff
member to the respective body if such staff member has special expertise
relevant to the issue(s) being considered.
(e) Nominated
representatives and group members will have relevant training to assist them in
their roles.
(f) The SBU,
project teams, task groups and regional consultative groups will be
appropriately resourced in regard to clerical backup, time, provision of
information and other identified needs.
A2 Commercialisation
The ETU and staff agree to co-operate in the
implementation of a commercialisation focus as the basis for RMS’s business
principles and practices to ensure the most efficient utilisation of resources,
by adopting RMS’s business rules and by developing achievable performance and
productivity measurement targets.
A3 Process improvement
RMS, the ETU and staff are committed to ensuring
effective and efficient customer service and product delivery by analysing and
recommending changes in processes, systems or procedures which will result in
improvement in productivity and/or the elimination of duplication and waste.
The regional consultative groups will under the
direction of the SBU:
(a) monitor the development and implementation of process improvement at the directorate and
regional level.
(b) provide appropriate updates, reports and recommendations to
the SBU.
A4 Competency based training
The parties recognise the need for greater efficiency
and productivity improvements which require a greater commitment to training
and skill development. This commitment includes:
(a) acknowledgement of skills held.
(b) developing a more highly skilled and flexible workforce.
(c) providing staff with the opportunity to acquire additional
skills through appropriate training, thereby improving career opportunities.
(d) ensuring equality and fairness of access to training for all
Staff based on organisational need to increase flexibility and productivity.
(e) removing barriers to the use of skills acquired, thus
providing greater flexibility and efficiency for the organisation and greater
variety and job satisfaction for Staff.
To ensure that staff meet the required agreed
competencies for their classification, RMS organised training programs will be
conducted in paid time and within ordinary working hours, where practicable.
A5 Performance planning and feedback
RMS will implement a performance planning and feedback
scheme that applies to all Staff and is:
(a) implemented in consultation with the ETU that will link
performance in the work place with the goals of RMS, its regions and work
units.
(b) supported by appropriate training.
(c) evaluated and monitored by the SBU.
This scheme recognises and reflects the increasing
importance of teams in RMS and their contribution to service and quality.
The parties are committed to:
(a) ensuring teams and staff understand the relationship or
interdependence of their role with other teams and staff.
(b) clearly defining expectations for each team and staff member
against the agreed goals of RMS and productivity standards.
(c) ensuring each team and staff member clearly understands
RMS’s objectives, their work unit's goals and how their role is integral to the
achievement of these objectives and goals.
(d) obtaining feedback from teams and Staff on RMS's work
practices, management practices and possible innovations.
(e) encouraging teams and Staff to participate in their work
unit’s decision making process.
A6 Conditions of employment
(a) The parties
are committed to the development and implementation of changes in conditions of
employment that are customer focused and are equitable in application. Any
changes will be:
(i) developed and implemented in consultation with the ETU to
link performance in the work place with the goals of RMS.
(ii) evaluated and monitored by the SBU.
(b) In making this
commitment, the parties accept, in principle, the need to:
(i) review current work practices to ensure that they are
customer focused and maximise the effective and efficient use of resources.
(ii) review and rationalise administrative procedures.
(iii) reduce and update documentation.
(iv) ensure, where possible, consistent working conditions for
all Staff.
(v) provide opportunities for all Staff to better manage their
working and personal lives.
(vi) review current work patterns to investigate flexible work
arrangements which better meet Staff and customers’ needs.
A7 Work environment
(a) Work Health
and Safety
RMS is committed to achieving and maintaining an
accident free and healthy workplace. This will be achieved by:
(i) implementation of appropriate health and safety practices
and procedures.
(ii) appropriate management policies and practices.
(iii) the active and constructive involvement of all Staff; and
(iv) management and staff member representatives participation on
safety committees.
RMS and Staff will seek to comply with the Work Health and Safety Act 2011 (NSW)
and other relevant statutory requirements at all times.
RMS will encourage Staff to take a constructive role in
promoting improvements in work health, safety and welfare to assist RMS in
achieving a healthy and safe working environment.
(b) Equality of
employment
RMS is committed to providing employment which promotes
the achievement of equality in employment as an effective management strategy.
(c) Harassment free
workplace
Harassment on the grounds of sex, race, marital status,
physical or mental disability, sexual preference or age is unlawful in terms of
the Anti-Discrimination Act 1977.
RMS is committed to ensuring that Staff work in an environment free of harassment.
Staff are required to refrain
from, or being a party to, any form of harassment in the workplace.
For further details, refer to RMS’s policy and
guidelines for a harassment free workplace as set out in the Human Resources
Manual.
A8 Contractors' protocol
Where work is to be carried out by contract, including
sub-contract, RMS will:
(a) abide by the provisions of the Industrial Relations
Management Guidelines, December 1999, as developed by the NSW Government’s
Construction Policy Steering Committee.
(b) ensure that all tenders are properly scrutinised to ensure
that prospective tenderers would, if successful, be paying award rates,
providing award conditions and complying with other statutory provisions and
RMS specified standards including but not limited to RMS's safe working
procedures, RMS's traffic control procedures and RMS's quality standards and
the provisions set out in clause A7, Work environment.
(c) on being
advised or otherwise becoming aware that a contractor or sub-contractor is not
paying award rates, providing award conditions or complying with any other
statutory provisions and RMS standards including but not limited to RMS's safe
working procedures, RMS's traffic control procedures and RMS's quality
standards, as set out in clause A7 Work environment, will take necessary action
to ensure that the situation is immediately rectified. Should the contractor or
sub-contractor continue to breach the provision then appropriate action
including termination of contract will, if appropriate, be implemented.
A9 Spread of hours
The hours and patterns of work for Staff may be
reviewed during the life of this Award, if required, to better suit the needs
and operational requirements of RMS’s traffic signals undertakings. Such
considerations may include:
(a) Work Health
and Safety issues;
(b) quality of working life;
(c) recognition of family responsibilities;
(d) shift work patterns;
(e) adequate remuneration for Staff who undertake shift work;
(f) rostering arrangements; and
(g) programmed overtime.
A10 Consultation
The parties agree that in order to maximise the
benefits that can be obtained through the consultative process there is a need
for full and open consultation on all relevant issues affecting Staff and the
ETU.
The parties are committed to timely and effective
consultation which will provide Staff and the ETU with the opportunity for
input into such matters that impact upon them prior to their implementation.
A11 Communication
The parties agree to continue to implement initiatives
designed to ensure that there are structured communication processes between
RMS’s corporate and other directorates, regional and frontline areas to ensure
timely and accurate upward and downward feedback.
A12 Austel licence
The parties agree to enter into negotiations concerning
Staff gaining the appropriate Austel Licence.
APPENDIX B - GRIEVANCE RESOLUTION PROCEDURE
Grievance
Resolution Procedure
Section
A - Introduction
1. Why is This Procedure Required and Who is It for?
Roads
and Maritime Services values the contribution of all
staff to the achievement of our business objectives. The Grievance Resolution
Procedure provides guidance to all managers and staff on how to raise and
address work-related concerns and grievances promptly, impartially and
confidentially. This procedure and process may be used by:
• staff
to address work-related concerns and grievances with other staff, and
• managers
to resolve work-related concerns and grievances between staff.
• The Grievance Resolution
Procedure does not cover matters relating to:
• work health and
safety or compensation [refer - Work Health and Safety Manual]
• poor
performance issues [refer - Managing Unsatisfactory Performance and Conduct
Procedure]
• fraud,
corruption, maladministration or serious or substantial waste of resources
[refer - Corrupt Conduct and Maladministration Prevention Policy and PN 017]
• misconduct
and disciplinary issues [refer - Discipline Policy], or
• personal
non-work related concerns or grievances.
This
procedure applies to all staff of Roads and Maritime Services, skill hire
personnel and professional service contractors.
Read
this procedure in conjunction with the Workplace Professionalism and Conduct
Policy.
2 Definitions
Term
|
Definition
|
Grievance
|
A
clear statement by a staff member of a work-related problem, concern
|
|
or
|
|
complaint. Grievances may include matters involving:
|
|
•
|
a
workplace communication or interpersonal conflict
|
|
•
|
allocation
of work or development opportunities
|
|
•
|
changes
to work processes or practices, or
|
|
•
|
the interpretation or application of a workplace policy.
|
Grievant
|
The
staff member who has a work-related grievance
|
Respondent
|
The
staff member who is the subject of a work-related grievance
|
Section B - Procedure
Workplace
grievances are work-related problems, concerns or complaints.
Any
staff member involved in any way in a grievance matter is protected against
action for defamation provided they:
• raise the grievance
in accordance with this procedure
• do not intentionally make a vexatious,
malicious or substantially frivolous complaint [see Section 1], and
• maintain
confidentiality and do not publish or make information available concerning the
grievance to persons who are not directly involved in the grievance.
1 Vexatious
complaints
Vexatious complaints are those that do not
contain sufficient grounds for action. Vexatious complaints include but are not
limited to those issues which are raised:
• with malicious
intent
• with the primary intent to divert organisational resources
to delay another matter from being expeditiously dealt with
• with the sole
intention to annoy or harass another person
• frivolously, or
• are otherwise lacking in substance.
Staff found to be making vexatious and/ or frivolous
complaints may be subject to disciplinary action in line with policies and
procedures.
2 Confidentiality
All staff involved in a grievance (including
its resolution) must maintain confidentiality and only discuss the matter with
their manager, nominated support person (if any), other staff involved in the
management of the issue, or immediate family members. Any breach of
confidentiality may result in disciplinary or legal action.
Any meetings to discuss a grievance must be
held privately and, where possible, away from the immediate work area.
3 Documentation
Any documentation relating to addressing
grievance matters must be kept securely.
Where the manager addresses grievances
directly [see Section 6], they must take brief and factual diary or file notes
of all agreed actions and timelines. These notes are to be retained in a secure
manner for one year. In addition the manager must complete a Manager/
Supervisor Grievance Report form [No. 731] and forward it by email to the
Workplace Conduct and Investigations Unit at
WorkplaceConduct@transport.nsw.gov.au [see Section 6.4].
4 Victimisation
Victimisation is any unfavourable treatment
of a person as a consequence of their having lodged a grievance, being the
subject of a grievance or being otherwise involved in a grievance.
Staff who raise or
are otherwise involved in a grievance, are not to be victimised in any way.
Disciplinary proceedings may be commenced
against any staff member who victimises or retaliates against a person lodging
or otherwise involved in a grievance.
5 Addressing a grievance
A
grievance does not need to be submitted in writing in order for the grievance
to be addressed.
Grievances
may be referred to the Workplace Conduct and Investigations Unit at any time
directly by the staff member, their manager, another senior manager or the
General Manager, Human Resources.
5.1 Seeking advice
At
any time, staff can seek guidance on policies and procedures by contacting HR
Advisory or their union delegate.
Managers
may access advice and support from the Workplace Conduct and Investigations
Unit.
5.2 Local, informal resolution
Ideally,
grievance matters are most effectively addressed informally at a local level
between the parties directly involved.
If
the person with the grievance feels able, they should discuss the matter with
the person involved or with the manager as soon as possible. In many cases,
issues are dealt with most effectively in this way and any misunderstandings
can be quickly cleared up.
Where
informal discussions are not possible or do not resolve the matter, either
party can discuss the matter with their manager, a more senior manager, or the
Workplace Conduct and Investigations Unit.
6 Grievance
addressed by manager
Where
the manager is addressing the grievance, in the first instance they can seek
advice and guidance from the Workplace Conduct and Investigations Unit.
The
manager must inform all participants that the matters under discussion are
confidential and participants must not discuss or divulge any information
related to the matter with any person not directly involved in the grievance
resolution process.
The
manager must also encourage all participants to access the Employee Assistance
Program for any additional support they may need.
6.1 Manager’s initial meeting with staff
member with a grievance
The
manager is to meet with the staff member who has a grievance (the grievant)
within 24 hours of them raising the matter, or as soon as practical.
The
purpose of the meeting is to clarify the grievant’s
concerns and desired outcomes.
At
any time during this process and following consultation with the Workplace
Conduct and Investigations Unit, the manager may determine:
• the matter should be dealt with under a separate process, e.g.
where discipline or work health and safety issues are identified, or
• that the grievance is vexatious
and make the appropriate referrals.
Where
the manager is of the view that the matter can be dealt with under the
Grievance Resolution Procedure, they must inform the grievant that they will
discuss the nature of the grievance and any relevant details with the staff
member who is the subject of the grievance (the respondent) and, where
necessary, any other relevant witnesses.
6.2 Meeting with respondent
The
manager must then meet with the respondent as soon as practical to provide
information on the details of the grievance, the issues involved and the name
of the person who lodged the grievance, so the respondent can respond fully to
the manager and provide any relevant information.
The
manager must inform the respondent that the manager may discuss the nature of
the grievance with relevant witnesses.
6.3 Meeting with any witnesses
The
manager may determine that discussions with any witnesses may assist them in
the grievance resolution process. The manager must meet with witnesses as soon
as practical.
The
manager must not provide witnesses with any more information than they need in
order to respond to matters requiring confirmation or clarification.
6.4 Concluding
the grievance
Once
the manager has gathered sufficient information on the matter, they are to
convene a meeting with the parties directly involved.
The
manager needs to set aside a reasonable period of time for the meeting (2 - 3 hours)
and ensure any necessary arrangements are put in place to enable dedicated
commitment to the process by all parties.
Depending
on the circumstances, joint or separate meetings may be held with the grievant
and the respondent. It is preferable that a joint meeting is held as lasting
solutions are generally those that are generated collaboratively by the parties
involved.
Outcomes
can include:
• the
parties reach agreement
• there
is an improvement in the immediate circumstances that gave rise to the
grievance
• outstanding issues
remain but the parties agree to disagree and continue to work in a professional
manner, and/ or
• there is no
possible action that can be taken to resolve the matter but the parties accept
this and the matter will not be discussed again.
If
the grievance is not successfully resolved, the manager can refer the matter to
a more senior manager and/ or seek advice and support from the Workplace
Conduct and Investigations Unit.
In
all cases, the manager must complete a Manager/ Supervisor Grievance Report
form [No. 731] and forward it by email to the Workplace Conduct and
Investigations Unit at WorkplaceConduct@transport.nsw.gov.au.
7 Action by Workplace Conduct and
Investigations Unit
Where
a grievance matter has been raised directly with, or referred to, the Workplace
Conduct and Investigations Unit (WCIU) are to contact the parties involved,
discuss the matter with them and assess the most appropriate action to be
taken.
Actions
may include one or more of the following:
• a
facilitated discussion (conducted by the WCIU or another nominated person)
• mediation
• development
of a remedial action plan
• referring the matter to be dealt with under
a separate process, e.g. where discipline or work health and safety issues are
identified, and/ or formal investigation, or
• other
appropriate action as determined by the WCIU.
8 Grievance appeals
The
grievant or respondent may lodge an appeal where they believe that the whole or
part of the grievance resolution process did not comply with the requirements
of this procedure.
The
appeal must be lodged in writing to the Chief Executive, no later than 21
calendar days after the parties have been advised of the outcome.
The
Chief Executive is to review the relevant documentation, take any further
action they deem necessary and provide formal notification to the parties
involved of their decision.
9 Supporting Documentation
Name of document
|
Location
|
Document Type
|
Workplace
Professionalism and Conduct Policy
|
Intranet
- HR Manual
|
Policy
|
Code
of Conduct and Ethics
|
Intranet
- HR Manual
|
Policy
|
Section C - Governance
1 Roles and Responsibilities
Role
|
Description
|
Staff
member, skill hire
|
Ensure
all behaviour is in accordance with the RMS Code of Conduct and
|
personnel
and
|
Ethics
and this procedure
|
professional
services
|
Commit
to resolving work-related disputes or differences in a constructive,
|
contractor
|
cooperative
and timely manner
|
Manager
|
Model
appropriate behaviours in the workplace and undertake preventative
|
|
measures
in accordance with this procedure
|
|
Resolve
workplace disputes and grievances in a fair and timely manner and
|
|
in accordance with this procedure
|
2 Policy directory requirements
This
Roads and Maritime Services Human Resources Manual policy is approved for use.
Date
of approval: 1 July 2017
3 Evaluation and review
Review
of this procedure is scheduled 2 years from the date of approval.
4 Further information
HR
Advisory
|
Workplace
Conduct and Investigations Unit
|
Intranet: HR@RMS - ‘Ask HR a question’
|
Email: WorkplaceConduct@transport.nsw.gov.au
|
Email: tfnswhr@transport.nsw.gov.au
|
|
Phone: 1800 618 445
|
|
Section D - Tools
Grievance Resolution Flowchart
(please see file)
Section E - Document
Control
Version control and change history
Version number
|
Approval date
|
Approved by
|
Amendment
|
|
|
|
|
01
|
9 August 2012
|
General
Manager
|
|
|
|
Human
Resource Strategy
|
|
01.1
|
9 January 2014
|
General
Manager
|
Updated
to meet changes to the
|
|
|
Human
Resources
|
management
of grievances by
|
|
|
|
Transport
Shared Services
|
|
|
|
Workplace
Conduct and
|
|
|
|
Investigations
Unit
|
02
|
9 July 2014
|
General
Manager Human
|
Updated
in accordance with
|
|
|
Resources
|
Roads
and Maritime Services
|
|
|
|
Consolidated
Award 2014
|
03
|
14 March 2016
|
General
Manager
|
Updates
for Equip
|
|
|
Human
Resources
|
implementation.
|
Appendix C - Glossary of Terms
Traffic
Signals Group
(a) RMS Officer
(Traffic Signals) Grade 4
Initial appointment following
completion of an apprenticeship with the Department, or on appointment to the
Department.
Duties:
|
Assist a more senior
Technician as required.
|
Essential:
|
Possession of A1 grade
electrical mechanic's licence.
|
(b) RMS Officer
(Traffic Signals) Grade 5
The level at which a qualified and experienced trades
person is expected to perform. At this grade, the technician would be capable
of working independently, and taking responsibility for the work of a gang.
Duties (typical):
(i) In
charge of a gang / crew engaged on any of the following:
- Routine maintenance
- Emergency maintenance
- Accident repair
- Construction / Reconstruction
- Miscellaneous activities.
(ii) Member of a
team engaged in development, maintenance or repair of traffic signal equipment.
(iii) Tasks might
include:-
- Supervision and control of other employees
- Assisting a trades person in a gang where more than one trades
person is deployed
- Inspection checking and repair or replacement of traffic signal
equipment
- Report writing
- Servicing of
printed circuit assemblies, relay circuits, etc
(discrete components and integrated circuits)
- Diagnosis of equipment faults with appropriate remedial action.
Essential:
|
Possession of 'A' grade electrical mechanic's licence.
|
Desirable:
|
Demonstrated knowledge of traffic control equipment -
Level 1
|
(c) RMS Officer
(Traffic Signals) Grade 6
A level of technician who is experienced and
technically proficient in all aspects of traffic control equipment. The
technician would be expected to be capable of working independently, dealing
with complex equipment problems at a level not normally expected of a grade 2
technician. Supervision of the work of other trades persons would be required.
Duties:
(i) In
charge of a gang where the size of a gang or complexity of work is such that
appointment of a grade 2 technician is considered inappropriate.
(ii) Engaged in
traffic systems work.
(iii) Leader of a
group of technicians engaged in development, maintenance or repair of traffic
signal equipment.
(iv) Typical
tasks would include those listed of grade 2 level, and where additional complexity
exits.
Essential:
|
Possession of 'A' grade electrical mechanic's licence.
|
Desirable:
|
Demonstrated knowledge of traffic control equipment -
Level II.
|
(d) Leading
Technician
This level of technician is expected to be responsible
for the repair, testing and preparation of traffic signal equipment and other
electric / electronic equipment, as well as provide leadership for a group of
traffic signal technicians engaged on such work.
Duties:
(i) Provide
technical advice and support to the Equipment Service Manager.
(ii) Guide and
co-ordinated the work of a group of traffic signals technicians.
(iii) Monitor fault
records of equipment to be repaired by the group so as to assist in
identification of fault patterns.
(iv) Repair,
overhaul, modify and test microprocessor based controllers and other complex
electronic equipment.
(v) Preparation
and testing of controller personalities against design plans.
(vi) Liaison
with Divisional TEO's on adaptive engineering matters.
Essential:
|
Criteria will include possession of "A" grade
electrical mechanic's licence and qualified
|
|
in electronics to post trade
level or higher.
|
Progression from 3rd year to thereafter is after three
years at the 3rd year level and subject to satisfactory staff reports and attendance
at prescribed seminars, workshops etc.
(e) Supervising
Technician
This level of technician is expected to provide
leadership to a group of trades and non-trades staff, in assisting line
management to fulfil specific objectives. The supervising technician provides
the link between management and field staff, deputising for management where
required. The supervising technician is expected to maintain a high degree of
technical knowledge and to impart skills as necessary to other personnel, by
formal or informal means. The supervising technician is accountable for the
quality and quantity of work performed. The Supervising Technician will provide
expert advice on the technical aspects of traffic control and advisory systems
using advanced electrical and electronic technologies, e.g. traffic control
signals, variable message signs, tidal flow systems, traffic monitoring units.
Duties (typical):
(i) Supervise
and direct the activities of traffic signal construction, reconstruction or
maintenance in a specified area.
(ii) Maintain
knowledge of current technology and development, maintenance and repair of
traffic signal equipment.
(iii) Supervise the
work of contractors as required.
(iv) Supervise
and provide technical leadership to groups of technicians engaged in
development, maintenance or repair of traffic signal equipment.
(iv) Acceptance
testing and quality control duties.
Essential:
|
Possession of 'A' grade electrical mechanic's licence.
|
Desirable:
|
Qualified at Level II for promotion. Post-trade or
certification level qualifications in
|
|
areas relevant to the
classification. Demonstrated knowledge of current technology
|
|
and diagnostic / repair
techniques for traffic control equipment.
|
Progression from 3rd year to thereafter is after three years service at the 3rd year level and subject to
satisfactory staff reports and attendance at prescribed seminars, workshops,
etc.
(f) General
(i) Incremental
progression to be subject to satisfactory service.
(ii) Duties of
particular positions to be determined within the broad guidelines provided
above and having regard to Job and Person Specifications.
(iii) Knowledge of
traffic control equipment to be demonstrated by the satisfactory completion of
an internal course of instruction. Subject to further discussion, it is
envisaged that the following would be included:
Level I:
|
General controller and
equipment operation, basic SCATS and communication theory.
|
|
|
Level II:
|
Advanced controller operation, detailed SCATS and
communication theory.
|
All courses would include elements of traffic
engineering principles, safety practice and industrial relations.
(iv) Officers
who have previously passed parts 1, 2 and 3 will be regarded as possessing a
demonstrated knowledge of traffic control equipment at Level II.
(v) The
requirement for a supervising technician to keep up-to-date would be satisfied
by attendance at seminars, workshops, etc., for which supervising and grade 3
technicians would be eligible to nominate. Content would be determined having
regard to current technology and developments generally.
Electronic
Equipment Group
(a) No person,
excepting one who has completed an apprenticeship involving training in
electronics, or has reasonable practical experience in electronics, including
electronics construction, maintenance and fault repair, and has completed or is
currently undertaking the Post-Trades Electronics Course (1039) or equivalent,
shall be appointed as an electronic equipment technician.
(b) Initial
appointment will be at the salary level of electronic equipment technician
grade C.
(c) Progression
from grade c to d shall be dependent upon:-
(i) the successful completion of the Post-Trades Electronic
Course (1039), or equivalent, and
(ii) 12 months
satisfactory service on the rate for electronic equipment technician grade .
(d) A staff member
who is directed to lead other personnel in the Electronic Workshop shall be
paid the rate for electronic equipment technician grade.
P.
KITE, Chief Commissioner.
____________________
Printed by the authority of the Industrial Registrar.