Roads and Maritime Services Consolidated Salaried
Award 2017
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Roads and Maritime Services.
(Case No. 215107 of 2017)
Before Chief Commissioner Kite
|
26 July 2017
|
AWARD
Arrangement
PART A - CORE CONDITIONS
SECTION 1 - APPLICATION, OPERATION AND GENERAL PROVISIONS
Clause No. Subject
Matter
1. Definitions
2. Title
3. Area,
Incidence and Duration
4. No Extra
Claims
5. Dispute
Settlement Procedure
6. Grievance
Procedure
7. Consultation
and Significant Workplace Change
8. Trade
Union Activities
9. Work
Environment
10. Anti-Discrimination
11. Negotiation
of Next Award
SECTION 2 - TERMS OF EMPLOYMENT AND RELATED MATTERS
12. Forms of
Employment
13. Probationary
Period
14. Secure
Employment
15. Notice of
Termination of Employment
16. Abandonment
of Employment
SECTION 3 - SALARIES, ALLOWANCES AND RELATED MATTERS
17. Classifications
and Rates of Pay
18. Higher
Duties
19. Travelling
Compensation
20. Allowances
SECTION 4 - LOCAL ARRANGEMENTS, HOURS OF WORK, OVERTIME,
SHIFTWORK AND RELATED MATTERS
21. Local
Arrangements
22. Hours of
Work
23. Shiftwork
24. Overtime
25. Flexible
Working Practices
SECTION 5 - LEAVE AND PUBLIC HOLIDAYS
26. Annual
Leave
27. Sick Leave
28. Carer’s
Leave
29. Family and
Community Service Leave
30. Maternity,
Adoption and Parental Leave
31. Lactation
Breaks
32. Extended
Leave
33. Special
Leave
34. Examination
and Study Leave
35. Military
Leave
36. Purchased
Leave
37. Observance
of Essential Religious and Cultural Obligations
38. Leave for
Matters Arising from Domestic Violence
39. Leave Without Pay
40. Public
Holidays
PART B - SPECIFIC PROVISIONS
SECTION 6 - SPECIFIC PROVISIONS FOR SALARIED EMPLOYEES
41. Compliance
Operations Inspectors (COIs) and Compliance Operations Managers
42. Hours of
Work and Additional Conditions for Motor Registry and Telephone Customer
Service Centre Employees
43. Hours of
Work and Additional Conditions for DRIVES Help Desk Employees
44. Hours of
Work and Additional Conditions for Work Support Employees
45. Hours of
Work for Traffic Supervisors
46. Hours of
Work and Additional Conditions for Manager - Field Operations and Services,
Field Traffic Managers and Traffic Commanders
47. Hours of
Work and Additional Conditions for Operations Managers and Operations
Coordinators in the Regional Traffic Operations Centre
SECTION 7 - SPECIFIC PROVISIONS FOR PROFESSIONAL
ENGINEERS
48. Shiftwork Definitions
49. Call
Out/Call Back
50. Specialist
Engineers
51. Recognition
of Professional Engineering Skills
52. Professional
Development
53. Professional
Engineer Development Program
54. Knowledge
Transfer
55. Women in
Engineering
56. Consultation
57. Part-Time
Employment
58. Hours for
Full-Time Employees
59. Disturbance
Allowance
60. Leave Without Pay
SECTION 8 - SPECIFIC PROVISIONS FOR MARITIME EMPLOYEES
61. Hours of
Work
62. Maritime
Trainees Ordinary Hours of Work
63. Additional
Hours
64. Overtime
65. Fitness
for Duty
66. Allowances
67. Conditions
Applicable to Managers in Boating Operations Branch at Salary Levels MA16A,
16AA MA17A and MA17AA
68. Conditions
Applicable to Senior Boating Safety Officers (SBSOs), Boating Safety Officers
(BSOs), and Boating Education Officers (BEOs)
69. Conditions
Applicable to Team Leaders Environmental Services (TLES) and Environmental
Services Officers (ESOs).
70. Conditions
Applicable to the Payment of Annualised Salaries
71. Competency
Progression of Maritime Employees
72. Change of
Position
73. Specific
Provisions for Special Extraordinary Aquatic Events
SCHEDULE A - CLASSIFICATION STRUCTURE AND RATES OF PAY
SCHEDULE B - ALLOWANCES AND EXPENSES
SCHEDULE C - GRIEVANCE RESOLUTION PROCEDURE
PART A - CORE CONDITIONS
SECTION 1 - APPLICATION, OPERATION AND GENERAL PROVISIONS
1. Definitions
Accrued Day Off (ADO) means a day,
not being a holiday, that an Employee has off duty arising from working
additional hours over a roster cycle to accrue a day off.
BSO - means a Boating Education Officer, Boating Safety
Officer or Senior Boating Safety Officer of the Maritime Division.
Cadet means a person completing a four year engineering
degree course, or equivalent, at a recognised Australian University.
Call-out/Call-back means a call or direction to return to
work to attend to an emergency or breakdown.
Casual means a person who is employed and paid by the hour
with no guaranteed hours of work and whose employment terminates at the end of
each engagement, as specified by subclause 12.5.
Chief Executive means the Chief Executive of Roads and
Maritime Services.
(Note: a reference to any action taken by the Chief
Executive or the Employer under this Award is, where appropriate, taken to mean
a reference to action taken by a delegate of the Chief Executive).
COI means a Compliance Operations Inspector (formerly
Enforcement Operations Inspector (EOI) and Inspector Vehicle Regulator (IVR).
Continuous Shift Work means a pattern of work designed to
cover the business operations with consecutive shifts of Employees throughout
24 hours per day, for a period of at least six consecutive days without
interruption, except during breakdowns, meal breaks or owing to unavoidable
causes beyond RMS’ control.
Crib break or a paid meal break means a break which is
treated as time worked, where Employees remain available to carry out duties.
Day Worker means an Employee whose ordinary hours of work
are set out in clause 22.
Dispute Settlement Procedure (DSP) means the procedure
outlined in clause 5.
Domestic Violence means domestic violence as defined in the
Crimes (Domestic and Personal Violence)
Act 2007.
Employee means a person employed as a member of the
Transport Service in the RMS Group and covered by this Award.
Employee’s Representative means a person of the Employee’s
choice, who may be a union official, appointed by the Employee to represent
them, concerning matters at work.
Employer means the Secretary of the Department of Transport
as head of the Transport Service.
ESO means an Environmental Service Officer.
Extended Leave means long service leave as provided by
clause 32.
FACSL means Family and Community Service Leave as provided
by clause 29.
Family Member means:
(a) a spouse of the Employee;
(b) a de facto spouse, who, in relation to a
person is a person of the opposite or same sex to the Employee who lives with
the Employee as the Employee's partner on a bona fide domestic basis although
not legally married to the Employee.
(c) a child or
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild, or sibling of the Employee or of the spouse or de
facto spouse of the Employee.
(d) a relative of
the Employee who is a member of the same household, where for the purposes of
this definition:
"relative" means a person related by blood, marriage,
affinity or Aboriginal kinship structures;
"affinity" means a relationship that one spouse or
partner has to the relatives of the other; and
"household" means a family group living in the same domestic
dwelling.
Family Responsibilities means, in relation to Family
and Community Service Leave, the granting of such leave on compassionate
grounds (such as the death or illness of a close family member) or, attending
to unplanned or unforeseen family responsibilities (such as attending a child’s
school for an emergency reason or emergency cancellations by child care
providers).
Field Work means work which is not incidental to the
Employee’s current role and is undertaken away from the Employee’s permanent
RMS office or normal work location.
Flexitime means a flexible system of arranging working
hours that includes the ability for Employees to accrue and take flex leave in
accordance with this Award.
Full-Time Employee means a person who is employed on a
permanent or temporary basis to work the ordinary hours prescribed in subclause
22.2.
General Provisions means those
provisions referred to in Part A, Core Conditions of this Award.
Graduate Engineer means a Professional Engineer who is
participating in the RMS Graduate Recruitment and Development Program (or
equivalent).
Headquarters means the centre to which an Employee’s
position is attached for administrative purposes.
Hourly Rate means the rate payable for one hour worked
calculated by dividing the weekly rate by 35 or 38 depending upon the ordinary
hours applicable to each classification.
Hours of Work means the Ordinary Hours Employees are
required to work.
IRC means Industrial Relations Commission of New South
Wales.
Letter of appointment means the letter sent to
Employees offering them employment in RMS.
Leave Year means, for the calculation of annual leave
loading, the year commencing on 1 December each year and ending on 30 November
of the following year.
Local
Holiday means a holiday which is declared as an additional public
holiday for a specified part of the State under the Public Holidays Act. It
does not include Local Event Days unless such days have been gazetted as a
public holiday for the local area.
LWOP means
Leave Without Pay.
Major Transport Disruption means a major transport
incident such as a derailment or a motor vehicle accident resulting in
significant delays to the travelling public.
Maritime Employees means those Employees employed in
the Maritime classifications in Schedule A Part 3 of
this Award.
MESO means Maritime Environmental Services Officer.
Official Business Rate means the rate Employees are
paid for using a private vehicle on official RMS business when:
no RMS vehicle is available;
or
no hire car is available; or
no public or other transport
is available; or
Employees are unable to use public or other transport
because of a disability; or
Employees are requested to use the vehicle and agree to
do so; or
Employees are required to do so as specified by
subclause 20.5.10 (Transfer of Dependants), or when the Employer approves use
of a private vehicle when other forms of transport are available for travel to
a temporary work location.
On Call means
a direction to be available outside ordinary hours to provide a response to an
emergency/breakdown.
Ordinary rate of pay means the base rate Employees are
paid on an hourly basis, according to their hours of work and their annual
salary.
Overtime means time which Employees work outside their
ordinary hours as per clause 24.
P and MA Act shall mean the Ports and Maritime Administration Act 1995.
Part-Time Employee means a person employed in
accordance with subclause 12.4 and who has hours of work that are less than
those of full-time Employees.
Permanent residence means where an Employee lives.
Personal salary means, for Maritime Employees, any
salary in excess of the value of the position as determined by the process of
job evaluation or, for those Employees who moved from the Award system into the
MSB Enterprise Agreement interpolated/altered rate which resulted from
redeployment or transfer at the time of transition.
Professional Engineer means an Employee who holds an
undergraduate degree in engineering (4 or 5 year course) from an Australian
university or equivalent, as recognised by Engineers Australia. For the
purposes of entitlement in this Award, excluding Schedule A, Part 2,
Professional Engineer includes Cadet and Graduate Engineer.
Professional Engineering Duties means duties, any portion of which are required to be carried out by Employees
who have qualifications as a Professional Engineer.
Regular Annual Aquatic Event means an event that occurs
on a regular basis and is included in the annual event calendar, for example
Boxing Day, New Year's Eve and Australia Day.
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).
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.
Rostered Day Off (RDO) means the
day that an Employee has off duty in accordance with the rostering arrangements
in their area of operation.
Salaried Employee means those Employees employed in the
Salaried Classifications in Schedule A Part 1 of this
Award. Unless specified otherwise, it includes Compliance Operations
Inspectors.
Saturday means the period between 12 midnight Friday
and 12 midnight Saturday.
SEA Officer means an initial or periodic surveyor,
examiner or Safety Management System auditor employed in the Commercial Vessel
Survey and Certification Branch of the Maritime Division.
Shift means a turn of duty during which work is
performed.
Shift loading means a payment for working shifts other
than day shift, as specified in subclause 23.3, to compensate for the inconvenience
of hours worked.
Shift work means a pattern of work in which the
ordinary hours may be performed outside standard hours, as per subclause 23.2.
Special Extraordinary Aquatic Event means a unique
aquatic event that is not regularly included in the annual event calendar and
occurs outside of the events currently supported by on-water Employees. For
example, Sydney Harbour Fleet Review was deemed to be a Special Extraordinary
Aquatic Event.
Specialist Engineer means a Professional Engineer who
has additional qualifications or skills as determined by the process defined in
Clause 50.
Specific Provisions means those provisions contained in
Part B of this Award and which apply to the relevant specified classifications.
Sunday means the period between 12 midnight Saturday
and 12 midnight Sunday.
TA Act means Transport
Administration Act 1988.
Temporary Employee means an Employee employed for a
specific period of time or project as prescribed in subclause 12.6.
Temporary work location means the place where Employees
temporarily perform their ordinary RMS work if required to work away from their
headquarters.
Time Credit means the amount of time worked in a
settlement period that exceeds the ordinary hours of work, under a flexitime
arrangement.
TL ES means Team Leader Environmental Services.
Trainee means an Employee engaged under a recognised
traineeship.
Traineeship means a structured training program,
lasting up to 24 months that combines practical experience at work and training
with a Registered Training Organisation (RTO).
Transport Service means the Transport Service of New
South Wales established by the Transport
Administration Act 1988.
Union means an organisation of Employees registered
under the Industrial Relations Act
1996.
Weekly Rate means the calculation arrived at by
dividing the annual salary by 52.17857.
2. Title
This Award shall be known as the Roads and Maritime
Services Consolidated Salaried Award 2017.
3. Area, Incidence and
Duration
3.1. This Award
shall apply to:
(a) the Employer; and
(b) Employees
employed in the classifications covered by this Award.
3.2. Parties to this
Award are:
(a) the Employer;
(b) Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales (PSA);
(c) the Association of Professional Engineers, Scientists and
Managers, Australia (NSW Branch)) (APESMA) (also referred to as Professionals
Australia);
(d) the Australian Services Union of NSW (ASU);
(e) Australian
Maritime Officers’ Union of New South Wales (AMOU);
(f) Australian
Institute of Marine and Power Engineers New South Wales District (AIMPE); and
(g) the Seamens’ Union of Australia,
New South Wales Branch (MUA).
3.3. This Award
rescinds and replaces the Roads and Maritime Services Consolidated Salaried
Award 2016 published 21 October 2016 (380 I.G. 1566).
3.4. This Award
comes into effect on 1 July 2017 and will remain in force until 30 June 2019.
3.5. Any specific
provisions contained in Part B of this Award shall take precedence to the
extent of any inconsistency over the general provisions contained in Part A of
this Award.
3.6. This Award
remains in force until varied or rescinded, the period for which it was made
already having expired.
4. No Extra Claims
4.1. During the term
of this Award, there will be no extra wage claims, claims for improved
conditions of employment or demands made with respect to the Employees covered
by the Award by a party to this Award and, further, that no proceedings, claims
or demands concerning wages or conditions of employment with respect to those
Employees will be instituted before the IRC, by a party to this Award.
4.2. The terms of
subclause 4.1 do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing Award
provisions.
4.3. Variations made
with the agreement of the parties as provided for in clause 6(1)(d) of the
Industrial Relations (Public Sector Conditions of Employment) Regulation 2011
(NSW) are not prohibited by this clause.
5. Dispute Settlement
Procedure
5.1 The purpose of
this procedure is to ensure that disputes are resolved as quickly and as close
to the source of the issue as possible. This procedure requires that there is a
resolution to disputes and that while the procedure is being followed, work
continues normally.
5.2 Subject to
Clause 4.1, this procedure shall apply to any Dispute that arises about the
following:
(a) matters
pertaining to the relationship between the Employer and Employees;
(b) matters
pertaining to the relationship between the Employer and the union parties to
this award which pertain to the Award and/or the relationship between the
Employer and Employees; or
(c) the operation
and application of this Award.
5.3 Any Dispute
shall be resolved according to the following steps:
STEP 1: Where a
Dispute arises it shall be raised in the first instance in writing by the
Employee(s) or their Union delegate directly with the local supervisor/manager.
The local supervisor/manager shall provide a written response to the
Employee(s) or their Union delegate concerning the dispute within 48 hours of
receipt of the Dispute notification advising them of the action being taken.
The status quo before the emergence of the dispute shall continue whilst the
dispute settlement procedure is being followed. For this purpose "status
quo" means the work procedures and practices in place immediately prior to
the change that gave rise to the dispute.
STEP 2: If the
Dispute remains unresolved, or if the Dispute involves matters other than local
issues, the Principal Manager Human Resources and Industrial Relations or their
nominee, a divisional management representative and the Employee(s) and/or the
Employee(s) representative, Union delegate or official shall confer and take
appropriate action to arrive at a settlement of the matters in dispute within
72 hours of the completion of Step 1 or the Principal Manager Human Resources
and Industrial Relations being notified of a dispute involving other than local
issues.
STEP 3: If the
Dispute remains unresolved, each party to the Dispute shall advise in writing
of their respective positions and negotiations about the dispute will be held
between the Employee representative(s) or Union official, the Secretary or their
nominee who will meet and conclude their discussions within 48 hours.
STEP 4: If the
Dispute remains unresolved any party may refer the matter to the IRC for
conciliation. If conciliation does not resolve the Dispute the matter shall be
arbitrated by the IRC.
5.4. By mutual
agreement confirmed in writing, Step 3 outlined above may be avoided, and the
parties to the dispute may seek the assistance of the IRC in the terms outlined
at Step 4.
5.5. The referral of
the Dispute to the IRC must take place within 72 hours of completing Step 3. A
copy of the notification must be forwarded to all relevant parties to the
Dispute. Any Dispute that is not so referred will be deemed to be no longer a
matter in dispute.
5.6. The parties to
the Dispute may extend the timeframe of Steps 2 - 4 by agreement. Such
agreement shall be confirmed in writing.
5.7. All timeframes
above are exclusive of weekends and public holidays.
5.8 The Employer
can raise a Dispute using the same process as in 5.3 but reversing the roles of
the Employee or Union and the Employer in the process.
5.9 Safety Issues
Matters which are based on a reasonable concern by an
Employee about an imminent risk to an Employee’s health or safety shall be
excluded from the Dispute Settlement Procedure. Where a matter is raised
involving such an issue, the Employee shall agree to comply with a direction by
the Employer to perform other available work which is safe and reasonable and
within their skills and competence with no reduction in the rostered rate of
pay of the Employee while the alternative work is being performed.
6. Grievance Procedure
6.1 A grievance is
a personal concern about work or the work environment for which Employees seek
hearing or resolution.
6.2 A grievance may, for example, relate to:
(a) allocation of work or development opportunities,
(b) a perceived denial of an entitlement, or
(c) suspected discrimination or harassment.
6.3 RMS’ Grievance
Resolution Procedure, as amended by the Employer from time to time, is to be
followed when a grievance arises. The Procedure as at 1 July 2017 is at
Schedule C of this Award.
6.4 While the
Grievance Resolution Procedure is being followed, normal work is to continue.
7. Consultation and Significant Workplace Change
7.1 There
shall be effective means of consultation on matters of interest and concern,
both formal and informal, at all levels of the organisation, between the
parties to this Award and Employees.
This includes but is not limited to, monthly Peak Consultative Committee
meetings unless varied by agreement.
7.2 The
Employer is committed to consultation on workplace policies and such policies
will continue to have effect until such time as the Employer amends, replaces
or rescinds policy.
7.3 The Consultative Committee will also
consider strategic workforce planning issues. Relevant information will be
provided to the Unions to facilitate these discussions such as:
(i) Divisional
organisation structures;
(ii) Establishment details showing position
by classification by Division, grade and location;
(iii) Available breakdown figures for full
time, part time, casual and temporary employees, as well as numbers and usage
of contractors and labour hire.
(iv) Other
relevant information concerning the Employer’s use of contractors,
supplementary labour, and project work.
7.4 To facilitate improved change management,
the Employer is committed to working with the Employees and their Employee
Representatives to develop and implement a Change Management Framework
consisting of guidelines and principles for managing change based on the
principles contained in the NSW Public Service Agency change management
standards and subject to Government policy.
7.5 Employer to Notify
(a) Where the Employer intends to introduce
changes in production, program, organisation, structure or technology that are
likely to have significant effects on Employees, the Employer undertakes to
notify the employees who may be affected by the proposed changes and the
relevant Branch or State Secretary of the Union(s).
(b) Without limiting the generality thereof,
significant effects includes termination of employment, changes in the
composition, operation or size of the workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or relocation
or transfer of employees to other work or locations, the restructuring of jobs,
changes to the working arrangements of Employees, changes to employment conditions
(for example, due to legislative or regulatory change), the use of contractors
to perform work normally performed by employees covered by this Award and the
legal or operational structure of the business.
7.6 Employer to Consult
(a) The Employer undertakes to discuss with
the Employees affected and the Union(s) in good faith the introduction of any
change referred to in subclause 7.4, the effects the changes are likely to have
on Employees, measures to avert or mitigate any adverse effects of such changes
on Employees and to give prompt consideration to matters raised by the
Employees and/or the Union in relation to the changes.
(b) The discussion shall commence as early
as practicable and before the Employer has made a final decision to adopt and
implement any changes referred to in subclause 7.4. For the purposes of such
discussion, the Employer undertakes to provide in writing to the Employees
concerned and the Union, appropriate relevant information about such changes
including the nature of the proposed changes, what they are intended to achieve
and the expected effects of the changes on Employees.
(c) The Employees will be given an
opportunity and sufficient time in which to provide input to the Employer and
discuss the proposed change and any measures proposed to avoid or otherwise
minimise any possible adverse impact on affected Employees.
(d) The Employer will genuinely consider and
respond in writing to any feedback provided by Employees and the Employer
Representatives.
(e) Where, subject to the provisions of this
Clause, the Employer makes a final decision to implement change in the
workplace and the Union disagrees with that decision, subject to there being no
stoppage of work as a result of the decision of the Employer, the Union may
refer the matter in dispute to the NSW Industrial Relations Commission for
conciliation and/or arbitration in accordance with the Dispute Resolution
Procedure in clause 5 of this Award.
8. Trade
Union Activities
8.1 The Employer
acknowledges that Union delegates represent and speak on behalf of members in
the workplace and that their representation rights in relation to matters that
pertain to the employment relationship are integral to the proper operation of
the Dispute Settlement Procedure contained at clause 5 of this Award.
8.2 The Employer
acknowledges the requirements under section 210 of the Industrial Relations Act 1996 in relation to the role of Union
delegates.
8.3 Accordingly the
Employer will allow Union delegates reasonable time during the delegate’s
working hours to perform the duties listed below, and such time will be
regarded as being on duty:
(a) represent
members in bargaining;
(b) represent
the interests of members to the Employer;
(c) address
new Employees about the benefits of union membership at the time that they
enter employment;
(d) consult
with union members and other Employees for whom the delegate is a
representative; and
(e) place
union information on a union noticeboard in a readily accessible and visible
location.
(f) Advise the parties
to the Award of the details of upcoming induction sessions for new employees in
sufficient time to enable the parties to arrange representation at the
sessions.
8.4 Union delegates will
be provided with reasonable access to relevant information and reasonable
preparation time before meetings with management or disciplinary or grievance
meetings where a union member requires the presence of a union delegate, where
operational requirements allow the taking of such time.
8.5 Where a workplace
meeting is called with management, including meetings under the Dispute
Settlement Procedure, Union delegates that attend will be paid by the Employer
any travel and/or accommodation costs necessarily and reasonably incurred.
8.6 Union delegates must
give reasonable notice to their manager of the requirement to attend a meeting
arising as a result of the operation of the Dispute Settlement Procedure.
Unless not otherwise possible a Union delegate should not interrupt Employees
who are undertaking their work duties.
8.7 Special leave with
pay will be granted for the following activities undertaken by a Union delegate
as specified below:
(a) annual
or biennial conferences of their own Union, Unions NSW or the Australian
Council of Trade Unions (ACTU);
(b) attendance
at meetings called by Unions NSW involving the Unions which requires attendance
of a delegate;
(c) attendance
at their Unions National Executive, State Executive, Divisional Committee of
Management (or equivalent), National Council or State Council;
(d) giving evidence
before an Industrial Tribunal or in another jurisdiction in proceedings as a
witness for the Union, briefing counsel, appearing as an advocate on behalf of
a Union or assisting Union officials with preparation of cases; and
(e) attendance
at meetings as a member of a vocational or industry committee.
8.8 Employees who are
members of a Union will be granted Special Leave with pay up to 12 working days
in any period of 2 years to attend training courses endorsed by their Union,
Unions NSW or the ACTU, subject to:
(a) the
operating requirements of the workplace permitting the grant of leave and the
absence not requiring employment of relief staff;
(b) all
travelling expenses being met by the Employee or the Union;
(c) attendance
being confirmed in writing by the Union or a nominated training provider.
8.9 The Employer must be
notified in writing by the Union or, where appropriate, by the Union delegate
as soon as the date and/or time of the meeting, conference, training or other
accredited activity referred to above is known.
8.10 Any payment to an
Employee as a result of performing duties or taking leave in accordance with
this clause will be paid at ordinary time rates.
8.11 If a delegate
undertakes duties in accordance with this clause while on leave, RMS will
credit the time for the attendance following the production by the delegate of
satisfactory evidence of attendance.
8.12 Union Delegates’
access to the Employer’s facilities
(a) The Employer will
allow reasonable access to telephone, computers and accessories, meeting rooms,
facsimile, postal, photocopying, e-mail and intranet/internet facilities for
the purpose of carrying out work as a Union delegate and consulting/meeting
with workplace colleagues in accordance with this provision.
(b) The Employer shall
provide a notice board for the display of authorised material in each workplace
in a readily accessible and visible location.
8.13 Employees on loan to
Unions - Subject to the operational requirements of the workplace, on loan
arrangements will apply as follows:
(a) RMS Employees loaned
to a Union party to this Award on a temporary basis may perform work at the
Union when it makes application to RMS because:
(i) it needs the Employee’s services, or
(ii) the
Employee is a member of the Executive or Council of the Union and is required
by the Union to undertake a country tour.
(b) When proceeding to
work at the Union, Employees must complete a leave form in the usual manner
which shows the reason for absence as "On loan to the relevant union."
(c) When performing work
for the Union, the following applies:
(i) the period of the loan counts for service in respect of all
entitlements,
(ii) the
Employee remains on RMS’ payroll,
(iii) RMS will seek
reimbursement from the Union at regular intervals of all salary and associated
on costs, including superannuation. The Union is required to meet such costs as
specified by NSW Treasury from time to time,
(iv) if
the Employee wishes to apply for leave whilst at the Union they should make
application for leave to RMS in the usual manner.
9. Work Environment
9.1 Workplace
Health and Safety - The parties to this Award are committed to achieving and
maintaining accident-free and healthy workplaces through:
(a) the development of policies and guidelines on Workplace
Health, Safety and Rehabilitation;
(b) assisting to
achieve the objectives of the Work Health
and Safety Act 2011 and the Work Health and Safety consultative
arrangements in the workplace; to identify and implement safe systems of work,
safe work practices, working environments and appropriate risk management
strategies; and to determine the level of responsibility to achieve these
objectives;
(c) identifying training strategies for Employees, as appropriate,
to assist in the recognition, elimination or control of workplace hazards and
the prevention of work related injury and illness;
(d) developing strategies to assist the rehabilitation of
injured Employees.
9.2 The Employer
will allow Employees elected as committee members and Health and Safety
Representatives (HSR), reasonable time during working hours to attend meetings
of the workplace’s Workplace Health and Safety Committee and participate in all
official activities relating to the functions and responsibilities of a
Workplace Health and Safety Committee Member and or HSRs.
9.3 Equality of
Employment and Elimination of Discrimination - The parties to this Award are
committed to providing a work environment which promotes the achievement of
equity, access and elimination of discrimination in employment.
9.4 Harassment-free
Workplace - Harassment on the grounds of sex, race, marital status, physical or
mental disability, sexual preference, transgender, age or responsibilities as a
carer is unlawful in terms of the Anti-Discrimination Act 1977. Management
and staff are required to refrain from, or be party to, any form of harassment
in the workplace.
10.
Anti-Discrimination
10.1 It is the
intention of the Employer 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.
10.2 It follows that
in fulfilling their obligations under clause 5 (Dispute Settlement Procedure)
of this Award the parties have obligations to take all reasonable steps to
ensure that the operation of the provisions of this Award are not directly or
indirectly discriminatory in their effects. It will be consistent with the
fulfilment of these obligations for the parties to make application to vary any
provision of the Award which, by its terms or operation, has a direct or
indirect discriminatory effect.
10.3 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.
10.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination
legislation;
(b) offering or providing junior rates of pay to persons under
21 years of age;
(c) any act or practice of a body established to propagate religion
which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this Award from pursuing matters of unlawful
discrimination in any State or Federal jurisdiction.
10.5 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."
11. Negotiation of
Next Award
11.1 The parties
agree to begin negotiations for the next Award no later than six months prior
to the nominal expiry date of this Award.
SECTION 2 - TERMS OF EMPLOYMENT AND RELATED MATTERS
12. Forms of
Employment
12.1 RMS will use
direct permanent employment as the preferred and predominant staffing option
for RMS.
12.2 Basis of
Employment
Employees are employed on either a full-time,
part-time, casual or temporary employment basis.
12.3 Full-Time
A Full-Time Employee is an Employee employed to work
the relevant full-time hours.
12.4 Part-Time
(a) A Part-Time
Employee shall be engaged to work fewer contracted ordinary hours than the
ordinary hours of a Full-Time Employee in the same classification. Part-time Professional
Engineers must work a minimum of 3 hours per day.
(b) Part-Time work
may be undertaken with the agreement of the Employer. The terms of the
agreement must be in writing and specify the pattern of contract hours to be
worked and may only be varied with the consent of both parties.
(c) Part-Time
Employees shall be paid at the same hourly rate as a Full-Time Employee in the
same classification, including any relevant expenses and/or allowances as
prescribed in this Award.
(d) Part-Time
Employees receive entitlements on a pro rata basis calculated according to the
number of hours an Employee works in a part-time position or under a part-time
arrangement. Entitlements to paid leave will accrue on the equivalent hourly
basis.
(e) Subject to any
specific provisions, the Employer may request, but not require, a Part-Time
Employee to work additional hours or overtime in excess of their contract
hours.
(f) Subject to
subclause 12.4(h), Salaried Employees and Professional Engineers who work on a
Part-Time basis who work in excess of their usual daily hours may elect to:
(i) be
paid at the ordinary rate of pay plus a loading of 1/12th for such additional
hours in lieu of accrual of annual leave (5/47th loading for Employees entitled
to 5 weeks annual leave) up to a maximum which is equal to the daily hours of
Full-Time Employees in the relevant classification; or
(ii) have the additional hours counted for the accrual of annual
and sick leave.
(g) Subject to
subclause 12.4(h), Maritime Employees who are part-time and work additional
hours shall, subject to the specific provisions in this Award, be paid at the
ordinary rate of pay for such hours and such time shall count for the purposes
of annual leave accruals.
(h) Part-Time
Employees who work overtime, that is hours where an equivalent Full-Time
Employee is entitled to overtime payments, shall be entitled to the same rate
of overtime pay and conditions of overtime as those of their Full-Time
equivalent.
(i) Part-Time
Employees may work, with approval of a line manager, under a flexitime
arrangement as set out at subclause 22.2. Any work performed within the normal
bandwidth is paid at the ordinary rate and any hours worked outside the
bandwidth is paid at the applicable overtime rate which is applicable to full
time Employees in the relevant classification. The provisions of clause 24.2(c)
also apply.
12.5 Casual
Employment
(a) Employees may
be employed on a casual basis:
(i) to carry out work that is irregular or intermittent, or
(ii) to carry out work on a short-term basis, or
(iii) to carry out urgent work or to deal with an emergency, and
(iv) must possess the qualifications required of a permanent
Employee in the same classification.
(b) Casual
Employees are employed on an hourly basis for a minimum of three hours per
engagement.
(c) Casual
Employees who work less than three hours per engagement are paid for three
hours.
(d) Casual
Employees are paid at the ordinary hourly rate applicable to the first year of
the base grade of their classification.
(e) Casual
Employees shall be paid a loading on the appropriate ordinary hourly rate of
pay of 17% in recognition of the casual nature of the employment and compensate
the Employee for all leave, other than annual leave and extended leave, and all
incidences of employment, except overtime and penalty rates.
(f) Casual
Employees shall also receive a 1/12th loading in lieu of annual leave.
(g) Casual
Employees will be entitled to overtime payments when they are required to work
hours that would normally attract overtime payments for full-time Employees in
accordance with clause 24 Overtime or, for Maritime Employees, clause 62
Overtime. Casual Employees are similarly entitled to attract Shift Work penalty
in accordance with clause 23 Shift Work and allowances (except for Transfer
Allowances) as set out in clause 20 Allowances.
(h) The following
provisions do not apply to Casual Employees (unless specified otherwise):
(i) Clause
13 (Probationary Period);
(ii) Clause 15
(Notice of Termination of Employment);
(iii) Subclause
20.5 (Transfer Allowances);
(iv) Section
Five (Leave and Public Holidays);
12.6 Temporary
Employment
(a) A Temporary
Employee shall be entitled to the same salary and conditions as permanent
Employees in the same classification.
(b) Temporary
Employees are not entitled to redundancy payments.
(c) Subject to
subclause 12.6(d), an engagement of a Temporary Employee may be for a fixed
period of not more than 24 months, for a specific project, or for maternity
relief of not more than 24 months, on either a full-time or part-time basis.
(d) Where a
Temporary Employee is engaged for a fixed period of more than 24 months the
Employee will be made permanent.
12.7 Trainees
Employees who are undergoing a recognised Traineeship
shall be paid according to the Crown Employees (Public Service Training Wage)
Reviewed Award 2008, as amended from time to time.
13. Probationary
Period
13.1 Subject to
subclauses 13.2 all new Employees, other than Employees who immediately prior
to their employment in RMS were employed in the NSW Public Sector, will be
subject to a probationary period of 3 calendar months, unless they are employed
in a position which, due to the nature of the work or compulsory training, has
a probationary period of six months.
13.2 Engineering
Cadets and COIs are subject to a probation period of
12 months.
13.4 Prior to the
conclusion of the probationary period, the Employer may either:
(a) confirm appointment;
(b) extend the probationary period once up to a maximum of 3
months; or
(c) annul the probationary appointment.
14. Secure Employment
14.1 Objective of
this Clause
The objective of this clause is for the Employer to
take all reasonable steps to provide its Employees with secure employment by
maximising the number of permanent positions in the Employer’s workforce, in
particular by ensuring that Casual Employees have an opportunity to elect to
become Full-Time or Part-Time Employees.
14.2 Casual
Conversion
(a) A Casual
Employee engaged by the Employer on a regular and systematic basis for a
sequence of periods of employment under this Award during a calendar period of
six months shall thereafter have the right to elect to have his or her ongoing
contract of employment converted to permanent full-time employment or part-time
employment if the employment is to continue beyond the conversion process
prescribed by this subclause.
(b) The Employer
of such a Casual Employee shall give the Employee notice in writing of the
provisions of this subclause within four weeks of the Employee having attained
such period of six months. However, the Employee retains his or her right of
election under this subclause if the Employer fails to comply with this notice
requirement.
(c) Any Casual
Employee who has a right to elect under subclause 14.2(b), upon receiving
notice under subclause 14.2(b) or after the expiry of the time for giving such
notice, may give four weeks’ notice in writing to the Employer that he or she
seeks to elect to convert his or her ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such
notice from the Employee, the Employer shall consent to or refuse the election,
but shall not unreasonably so refuse. Where the Employer refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
Employee concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(d) Any Casual
Employee who does not, within four weeks of receiving written notice from the
Employer, elect to convert his or her ongoing contract of employment to full-time
employment or part-time employment will be deemed to have elected against any
such conversion.
(e) Once a Casual
Employee has elected to become and been converted to a Full-Time Employee or a
Part-Time Employee, the Employee may only revert to casual employment by
written agreement with the Employer.
(f) If a Casual
Employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with subclause 14.2(b), the
Employer and Employee shall, in accordance with this subclause, and subject to
subclause 14.2(b), discuss and agree upon:
(i) whether the Employee will convert to full-time or part-time
employment; and
(ii) if it is
agreed that the Employee will become a part-time Employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this Award pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996;
Provided that an Employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
Employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
Employer and the Employee.
(g) Following an
agreement being reached pursuant to subclause 14.2(f), the Employee shall
convert to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an Employee converting from casual employment to full-time
or part-time employment, it shall be dealt with as far as practicable and with
expedition through the disputes settlement procedure.
(h) An Employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
14.3 Work Health and
Safety
(a) For the
purposes of this subclause, the following definitions shall apply:
(i) A
"labour hire business" is a business (whether an organisation,
business enterprise, company, partnership, co-operative, sole trader, family
trust or unit trust, corporation and/or person) which has as its business
function, or one of its business functions, to supply staff employed or engaged
by it to another Employer for the purpose of such staff performing work or
services for that other Employer.
(ii) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another Employer to
provide a specified service or services or to produce a specific outcome or
result for that other Employer which might otherwise have been carried out by
that other Employer’s own Employees.
(b) If the
Employer engages a labour hire business and/or a contract business to perform
work wholly or partially on the Employer’s premises the Employer shall do the
following (either directly, or through the agency of the labour hire or
contract business):
(i) consult with Employees of the labour hire business and/or
contract business regarding the work
health and safety consultative arrangements;
(ii) provide
Employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such Employees to perform their jobs safely;
(iii) provide
Employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own Employees; and
(iv) ensure Employees of the labour hire business and/or contract
business are made aware of any risks identified in the workplace and the
procedures to control those risks.
(c) Nothing in
this subclause 14.3 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers
Compensation Act 1998.
14.4 Where a dispute
arises as to the application or implementation of this clause, the matter shall
be dealt with pursuant to the disputes settlement procedure of this Award.
14.5 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship
and Traineeship Act 2001 (or equivalent interstate legislation) and are
deemed by the relevant State Training Agency to comply with the national
standards for Group Training Organisations established by the ANTA Ministerial
Council.
14.6 Contractors and
Labour Hire
(a) Consistent
with subclauses 14.1 and 12.1 of this Award, the Employer acknowledges the
importance of security of employment and will use direct permanent employment
as the preferred and predominant staffing option for the Employer.
(b) The Employer
recognises that the use of contractors and labour hire may affect the job
security and capability development opportunities of Employees covered by this
Award.
(c) In considering
whether to engage contractors or labour hire employees, the Employer will
consider and seek to utilise any existing Employees within the organisation who
are suitable and/or available to carry out the work and/or there is a pressing
need to meet business requirements.
(d) On being
advised or otherwise becoming aware that a contractor, sub-contractor or labour
hire company is not paying modern award or other relevant industrial instrument
rates, providing modern award or other relevant industrial instrument
conditions or complying with any other statutory provisions, the Employer will
take the necessary action to ensure that the situation is immediately
rectified. Should the contractor, sub-contractor or labour hire company
continue to breach the provision then the Employer will ensure that appropriate
action including termination of contract is implemented, if appropriate.
14.7 Transmission of
Business
(a) In the event
that the Employer has reached a decision to transfer or outsource part of the
business, the Employer will consult in accordance with clauses 7 and 14.8
(where appropriate) of this Award.
Consultation will commence as soon as practicable after the Employer has
reached its decision.
(b) The Employer
will comply with the relevant and applicable legislative provisions in respect
of any proposed transmission of business.
14.8 Contracting Out
Work
(a) Application
and definition
For the purpose of this subclause, 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.
(b) Considering
Proposal to Contract Out Work
Where the Employer 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 the Employer’s intention to
pursue a proposal to contract out work.
(c) Decision to
Contract Out Work
(i) Once
the Employer has finalised a proposal and has made a decision to contract out
work, the Employer 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.
(ii) Prior to
implementation of a proposal to contract out work, the Employer 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, the Employer agrees to allow
the unions reasonable opportunities during working hours to communicate with
their members during the process outlined in subclause 14.8(b) above.
(d) Dispute
Settlement Procedure
Any issues or matters in dispute should be dealt with
under the Dispute Settlement Procedure in clause 5 of this Award.
15. Notice of
Termination of Employment
15.1 Unless the
Employee is terminated by the Employer for serious misconduct, the Employer
will not terminate an Employee's employment unless the Employee has been given
the period of notice required by this clause.
15.2 The required
period of notice by the Employer will be:
Employee's
Continuous Service with the Employer
|
Period of Notice
|
Not more than 1 year
|
1 week
|
More than 1 year and up to but no more than 3 years
|
2 weeks
|
More than 3 years but no more than 5 years
|
3 weeks
|
More than 5 years
|
4 weeks
|
15.3 Employees over
45 years of age who have more than 2 years of continuous service will be
provided with an additional one (1) weeks’ notice.
15.4 The Employer may
require the Employee to work for all or part of the notice period, with any
remainder of the notice period to be paid out.
15.5 Employees may
terminate their employment by giving notice in writing in accordance with the
table in subclause 15.2 above, or by forfeiting salary in lieu of notice.
15.6 Where the
Employer has given notice of termination to an Employee, the Employee will be
allowed up to one day’s time off without loss of pay for the purpose of seeking
other employment. The time off is to be taken at times that are convenient to
the Employee after consultation with the Employer.
15.7 Upon termination
of employment an Employee must return any of the Employer’s
property including equipment, manuals, telephones, radios, security keys,
uniforms, and identification in their possession or control.
15.8 Nothing in this
clause shall affect the ability of the Employer to terminate the employment of
an Employee at any time, without notice, for serious misconduct.
16.
Abandonment of Employment
16.1 If an Employee is absent for a period of 5
consecutive working days without authorisation, the Employer (before
terminating) will write to the Employee, via registered post or courier (with
delivery confirmation receipt) to the Employee’s last known address, advising
that the Employer is considering termination unless the Employee provides a
satisfactory explanation within 7 calendar days.
16.2 If the Employee
does not respond to the letter or resume duty within the specified 7 calendar
days, a further letter will be sent by registered mail or courier (with
delivery confirmation receipt) to the Employee’s last known address, advising
the Employee that their services have been terminated due to abandonment of
employment.
16.3 The Employer
will make reasonable enquiries to ensure Employees are not suffering physical
and/or mental health issues in accordance with the RMS Separation from
Employment Procedure.
SECTION 3 - SALARIES, ALLOWANCES AND RELATED MATTERS
17.
Classifications and Rates of Pay
17.1 Employees, other than Professional
Engineers and Maritime Employees, are employed in the classifications set out
in Part 1 of Schedule A.
17.2 Professional Engineers are employed in the
classifications set out in Part 2 of Schedule A.
17.3 Maritime Employees are employed in the
classifications set out in Part 3 of Schedule A.
17.4 Employees, other than Trainees, will be
paid in accordance with this clause and the rates of pay set out in Schedule A.
17.5 Employees will be paid applicable
allowances and expenses in accordance with clause 20 and Schedule B of this
Award.
17.6 Salary and allowance adjustments provided
for in this Award are as follows:
(a) salaries will
increase by 2.5% from the first pay period commencing on or after 1 July 2017;
(b) salaries will
increase by 2.5% from the first pay period commencing on or after 1 July 2018;
(c) allowance items
13, 19(a), 26 and 27 will be increased in accordance with (a), rounded to the
nearest dollar; 19(b) will be increased in accordance with (a), rounded to the
nearest cent.
(d) allowance items
1-6, 11-12, 15-18, 20, 24 and 25 will be increased in accordance with
variations made via Treasury Circulars and Schedule B amended as required.
(e) allowance items
7-10 and 14 will be increased in accordance with the Crown Employees
(Transferred Employees Compensation) Award.
(f) allowance items 21 and 22 will be adjusted annually on 1
July, in accordance with the CPI (all groups Sydney Index) for the preceding 1
April to 31 March period.
(g) allowance item 23 will be adjusted annually on 1 July, as
determined by the Employer.
17.7 Increments
(a) Subject to
subclauses (i) to (iii) below, where an Employee,
other than a Maritime Employee, has completed 12 months service at a level
within a classification, the Employee will progress one level within the
Employee's classification.
(i) Employees
are not entitled to progress to an increment if their conduct, work performance
or attendance is unsatisfactory or if the Employee is subject to disciplinary
proceedings or formal management for unsatisfactory performance or conduct.
(ii) Periods of
leave without pay in excess of five days in any one year period will not count
as service for incremental purposes.
(iii) Regular
Casual Employees are entitled to an increment where they have worked the
equivalent of 12 months worked by a full time Employee in the same position.
17.8 Salary Packaging
(a) For the
purposes of this clause "salary" means the salary or rates of pay
prescribed by Schedule A of this Award and/or any salary payable under an
agreement made under s68D(2) of the TA Act and any allowances paid to an
Employee which form part of the Employee’s salary for superannuation purposes.
(b) An Employee
may, by agreement with the Employer, enter into a salary packaging arrangement
including salary sacrifice to superannuation where they may convert up to 100%
of their salary to other benefits.
(c) Any pre-tax
and post-tax payroll deductions must be taken into account prior to determining
the amount of salary available to be packaged. Such payroll deductions may
include but are not limited to, compulsory superannuation payments, HELP
payments, child support payments, judgment debtor/garnishee orders, union fees,
health fund premiums.
(d) The terms and
conditions of the salary packaging arrangement, including the duration as
agreed between the Employee and Employer, will be provided in a separate
written agreement, in accordance with the Employer’s salary packaging
guidelines administered by specialist salary package company Maxxia on behalf of Transport Shared Services. Such
agreement must be made prior to the period of service to which the earnings
relate.
(e) Salary
packaging must be cost neutral for the Employer. Employees must reimburse the
Employer in full for the amount of:
(i) any fringe benefits tax liability arising from a salary
packaging arrangement; and
(ii) any administrative fees.
(f) Where the
Employee makes an election to salary package the following payments made by the
Employer in relation to an Employee shall be calculated by reference to the
annual salary which the Employee would have been entitled to receive but for
the salary packaging arrangement:
(i) Superannuation
Guarantee Contributions;
(ii) any salary-related payment including but not limited to
severance payments, allowances and workers compensation payments; and
(iii) payments made in relation to accrued leave paid on
termination of the Employee’s employment or on the death of the Employee.
(g) Novated leases for 100% private use of motor vehicles are
available under salary packaging.
17.9 Appeals in
Respect of Salary Grade or Classification
(a) Employees have
the right to apply to the Employer through their branch or section manager for
a salary increase, where applicable, or for an alteration in the grade or
classification to which they are appointed.
(b) If an Employee
is dissatisfied with a decision or determination of the Employer in respect of:
(i) the salary, grade or classification; or
(ii) any other matter of the nature referred to in Part 7 of the Industrial Relations Act 1996 (NSW),
the Employee may forward a
notice of appeal to the Employer within 30 days of being advised of such a
decision or determination if they do not exercise their right before the IRC.
The Employer will hear and determine the appeal and will allow the Employee, if
so desired, to attend and to present a case personally or through a
representative.
(c) Nothing in
this clause shall preclude the reference of matters to the IRC.
17.10 Professional
Engineers and Maritime Employees will be paid fortnightly.
17.11 Union Deductions
(a) Where directed
in writing by an Employee, the Employer will deduct a payment due from the
Employee to a Union party from an Employee's salary and remit it to the
nominated Union in a timely manner, at no cost to the Employee or the Union,
but subject to the Union being able to accept an electronic funds transfer. A
deduction will be detailed on the Employee's pay slip.
18. Higher Duties
18.1 Subject to
subclause 18.2 and 18.4, where in any one period of relief an Employee is
required to relieve in a higher graded position for five working days or more
and is instructed to perform the whole of the duties of this position, they
shall be paid for the full period of relief the minimum salary of the higher
graded position.
18.2 Maritime
Employees who undertake higher duties in an A, B or AA position must:
(a) undertake the duties for 4 weeks or more;
(b) meet the ordinary hours of work requirement (i.e. 161 hours
in the 4 week cycle); and
(c) meet all other requirements of the position,
in order
to be eligible for the annualised salary of the A, B or AA position. Where
these requirements are not met, the Employee is to be paid the Maritime Level
rate only for the position.
18.3 Where in any one
period of relief an Employee relieves in a higher graded position for five
working days or more and does not perform the whole of the duties of such
Employee in the higher graded position, they shall be paid an allowance as may
be determined by the Employer and prior to entering on relief shall be advised
of the allowance to be paid and the basis for its assessment, provided that:
(a) should the
period of relief be in excess of 12 months the relieving Employee shall be
entitled to be paid the salary that would be payable under this Award to a
person appointed to that position on the day the relieving Employee commenced
relieving duties in that position; or such proportion thereof as may be
determined by the Employer;
(b) except in an emergency, prior approval to payment of a
higher duties allowance is to be obtained; and
(c) an Employee relieving another in a lower graded position
shall not suffer any reduction in salary.
18.4 A higher duties
allowance is paid when an Employee is directed to relieve in a higher graded
position for one or more working days in the following occupational categories:
(a) Customer
Services Branch Employees working in Registries, including a maximum four hours
relief when working on Saturday shifts;
(b) Maritime
Division Employees classified as Team Leader Environmental Services, Executive
Assistant to the Director Maritime, Management positions at Maritime Level 17,
and Employees holding Master 5 qualifications and required by RMS to use these
qualifications/skills in the absence of the incumbent.
18.5 Higher Duties -
Part-Time Arrangements
(a) Employees
relieving in a higher graded position whose position holder is either a Part-Time
Employee or has taken a period of leave on a part-time basis, are paid the
higher duties allowance when having worked the equivalent of five complete
working days in the higher graded position.
(b) Part-Time
Employees relieving in a higher graded position for the part time equivalent of
five complete working days are paid the higher duties allowance on a pro-rata
basis, based on the number of hours worked.
18.6 Incremental
Progression by Allowances:
(a) Where a very
lengthy period of acting in the one higher graded position is unavoidable, the
Employee concerned may progress by way of allowance to the next incremental
step, provided that a 100 per cent allowance has been paid continuously for a
period of 12 months.
(b) Where the
allowance has been discontinued during a period of leave, the increment should
be delayed accordingly.
(c) Where there
are broken periods of relief in the higher graded position(s), such periods may
be aggregated, irrespective of the nature of the work of the position(s). Such
aggregated periods may be regarded as continuous service for the purpose of
incremental progression within the grade of the position(s), provided that:
(i) only periods in respect of which the level of the allowance
together with the Employee’s salary is greater than or equal to the salary of
the new position to which the Employee is substantively appointed are counted;
(ii) any period of leave during which allowance was not paid is
discounted;
(iii) aggregation does not extend over any break in excess of six
months.
(d) The same
principles apply if an Employee who has been relieving in higher graded
positions is subsequently appointed to
a similarly graded position, to determine salary and/or allowance in the new
position.
18.7 Managers are to
consider sharing higher duties relief opportunities between suitable staff to
enhance fairness and increase developmental opportunities.
19. Travelling
Compensation
19.1 Travel on Official Business
(a) Employees who
travel on official business and are not provided with an RMS vehicle, must,
wherever possible, travel by the most economic and practical means of public
transport. If public transport is not practical, or if the Employee has a
genuine safety concern, the Employer can approve the use of a taxi or hire car.
(b) RMS pays the
full cost of fares for the transport.
(c) Where
Employees pay for the travel, their claim for reimbursement of travel costs
must be supported by receipts.
(d) If there is no
public transport service, then Employees must obtain prior approval to travel
by:
(i) taxi, hire car or rented car;
(ii) air; or
(iii) private vehicle, in accordance with subclause 20.4.
(e) Employees who
receive approval to use a private vehicle for official business travel will be
reimbursed as set out in subclause 20.4.2.
19.2 Travel
Compensation
19.2.1 Fares
(a) Employees are
not entitled to payment of fares for travel between their usual headquarters
and usual permanent residence.
(b) If Employees
are required to work temporarily from another location which involves
additional fares, they will be paid the amount in excess of the fares usually
incurred between their permanent residence and headquarters.
(c) Where public
transport presents difficulties in (b), Employees may, subject to prior
approval, use a private vehicle and be reimbursed at the Specified Journey
Rate, less the amount of normal fares or the kilometres usually travelled
between their home and headquarters (whichever is relevant).
19.2.2 Travelling Time
(a) Employees are
entitled to claim payment or time off in lieu for travelling time in accordance
with subclauses 19.2.2 and 19.2.3. Employees are not entitled to be paid
travelling time or take time off in lieu:
(i) for time spent travelling between their usual headquarters
and usual permanent residence, or for the time normally taken for the periodic
journey from home to headquarters and return,
(ii) for time spent travelling on permanent transfer where:
1. the transfer involves promotion which carries increased
salary,
2. the transfer is for disciplinary reasons,
3. the transfer is made at the Employee’s request, or
4. special leave has been granted for the day or days on which
the travel is to be undertaken,
(iii) periods of less than a quarter of an hour on any day shall
be disregarded,
(iv) for the time taken by the Employee to stop and eat a meal,
(v) for time spent
travelling outside of the time that might reasonably have been taken by the
most practical available route and the most economical means of transport,
(vi) for travel by ship on which meals and accommodation are
provided,
(vii) for travel overseas,
(viii) from 11.00 pm on the night the Employee is provided with
overnight accommodation to 7.30 am the following day, other than COI Employees who
are exempt from this provision.
(ix) if the Employee receives an allowance or their salary
includes a specific component of compensation for travel outside normal hours.
(b) Employees who
are required to travel to work temporarily from another location which involves
additional travel time, are paid for any additional time taken in excess of the
time taken to travel between their usual headquarters and their usual permanent
residence.
(c) Subject to the
conditions in (a), where travel is on a:
(i) working day, Employees are paid for time spent in travelling
before their normal commencing time or after their normal ceasing time;
(ii) non-working day, Employees are paid for all time spent
travelling on official business after 7.30am.
19.2.3 Payment for
Travelling and Waiting Time
(a) Employees who
are entitled to claim travel time are entitled to have any necessary waiting
time treated as travelling time except when they are provided with overnight
accommodation at a centre.
(b) When Employees
are provided with overnight accommodation at a centre, they cannot count as
travelling/waiting time the time spent from arrival at the centre until
departure from the centre.
(c) Employees who
are in receipt of a salary in excess of the rate applicable to the maximum rate
for USS Grade 7/Engineer Level 1 Year 3, plus $1.00 per annum shall be paid
travelling time calculated at the maximum rate for USS Grade 7/Engineer Level 1
Year 3, plus $1.00 per annum, as adjusted from time to time.
(d) The maximum
payment or time off in lieu for travelling/waiting time is eight hours in any
24 hour period, except in unforeseen circumstances such as a major transport
disruption.
(e) Payment for
travelling time and waiting time shall be at the Employee’s ordinary rate of pay
on an hourly basis calculated as follows:
Annual salary
|
x
|
5
|
x
|
1
|
1
|
|
260.89
|
|
Normal hours of
work
|
The rate of payment for travelling or waiting time on a
non-working day shall be the same as that applying to a working day.
(f) Unless
otherwise directed, Employees must take time off in lieu within three months of
being notified of approval of the leave.
20. Allowances
20.1 Calculation of
Allowances
(a) A daily
entitlement to a weekly allowance is calculated at one-fifth of the weekly
rate.
(b) When
calculating time worked:
(i) a fraction of an hour less than 30 minutes is not taken into
account;
(ii) fractions of an hour of 30 minutes or more are taken to be
one hour.
20.2 Meal Allowances
20.2.1 Meal allowance and
break while travelling
(a) Employees are
entitled to claim a meal allowance when travelling on RMS business if they:
(i) return to their headquarters or place
of residence on the same day;
(ii) have a meal break of at least 30 minutes away from their
residence or headquarters; and
(iii) incur an expense in obtaining the meal.
(b) Employees shall
receive meal allowances at the rates contained in Item 1 of Schedule B and
subject to the following provisions:
(i) Breakfast
- the journey must have commenced before 6am and at least one hour before the
Employee's normal starting time;
(ii) Lunch - when
Employees are required to travel a total distance of at least 100km on the day
and take their lunch break at least 50km from their normal headquarters.
However, Employees whose position requires them to
undertake work in the field and are regularly required to take lunch away from
their nominated headquarters shall be entitled to a lunch allowance if lunch
facilities are not available;
(iii) Evening meal
- the allowance may only be claimed when the meal is taken after 6:30pm.
20.2.2 Meal allowance on
overtime
(a) The entitlement
to meal allowances for Employees who work overtime, is
set out in subclause 24.4.
20.3 Travelling and
Lodging Allowance
20.3.1 General
(a) If the Employer
requires an Employee to proceed on work away from their normal headquarters and
the Employee cannot return to their normal headquarters on the day of
departure, and the Employee does not permanently change their headquarters:
(i) the
Employer may elect to arrange and pay for the overnight accommodation direct to
the accommodation provider and reimburse the Employee the appropriate meal
allowance where the Employer does not provide a meal, however, in circumstances
where a suitable meal is not available because of the Employee’s work
commitments or for some other sound reason, the meal allowance may be claimed
and will be paid. Under any such arrangement, the Employer shall ensure that
the accommodation so provided is reasonable and appropriate, having regard to
the nature of the work assignment. If arrangements are made as per subclause
20.3.1(a)(i):
(A) Employees who
stay in RMS-provided accommodation will receive an incidentals allowance as set
out at Item 4 of Schedule B;
(B) Employees
required to camp out or make use of caravans or boats for overnight
accommodation when motel/hotel accommodation is neither available or
appropriate are entitled to an allowance as set out in Item 24 of Schedule B;
or
(ii) where the
Employer does not pay the accommodation provider directly, the Employee shall
receive the applicable Lodging allowance as per Item 3 of Schedule B for every
period of 24 hours absence by the Employee from their residence; or
(iii) the Employee may elect or be directed to be paid actual
expenses properly and reasonably incurred for the whole of the business trip
together with an incidental expenses allowance as set out at Item 4 of Schedule
B.
(b) Employees must
obtain prior approval before making arrangements to stay in overnight accommodation.
(c) Approval to
stay in overnight accommodation is determined having regard to safety and local
conditions. Where Employees are required to attend conferences or seminars
which involve evening sessions or make an early start in a location away from
their normal headquarters, overnight accommodation may be granted. Employees
can be expected to travel up to two hours each way on the forward and return
journeys for work-related purposes.
(d) The Travelling
allowance is calculated at the hourly rate of the relevant Lodging allowance as
set out at Item 3 of Schedule B.
(e) The Lodging
allowance is an allowance for overnight accommodation, meals and incidentals.
(f) Employees who
are required to stay in overnight accommodation and are paid the allowance set
out at subclause 20.3.1(a)(ii) above are entitled to
the rate for that region as set out at Item 3 of Schedule B. The allowance is
reduced by 50% if the Employee remains in that region for more than 35 days and
up to six months. Any periods over 6 months do not attract the allowance.
(g) Lodging
allowance is calculated from the time Employees depart from:
(i) their normal headquarters; or
(ii) their normal place of permanent residence where they travel
directly from there; or
(iii) another temporary work location.
(h) Employees who
are sent from one temporary work location to another will continue to be
entitled to the payment for overnight accommodation, providing that the
distance between their headquarters and their subsequent temporary work
location is sufficient to make it necessary to continue such arrangements.
(i) Subject
to subclause (h) above, where the allowance for overnight accommodation at the
subsequent temporary work location(s) is a different rate than that applying to
the previous temporary work location, Employees receive the rates based on the
times of departure from each location.
Methods for calculation of Lodging allowance
for Employees travelling between different locations are set out in Appendix A
of Schedule B.
(j) Employees are
not entitled to an allowance under this clause for:
(i) any period during which they return to their permanent
residence on weekends or public holidays, from the time of arrival at their
place of residence until the time of departure;
(ii) any period of leave, except with the Employer’s approval or
otherwise provided by this clause; or
(iii) any other period during which they are absent from the
temporary work location, otherwise than on official work.
(k) For the
purposes of this clause, ‘Sydney’ means the area bounded by Palm Beach and
Brooklyn in the north, Richmond in the north-west, Penrith in the west
Campbelltown and Camden in the south-west and Heathcote in the south.
Notwithstanding this definition, if Employees are paid an allowance for
overnight accommodation, they are expected to find accommodation as close as
possible to their temporary work location.
(l) When
Employees return from a temporary work location after more than 35 days and
less than six months’ lodging they are paid travelling at the hourly rate of
the relevant Lodgings allowance as set in Item 3 of Schedule B. Travelling is
calculated from the time the Employee departs from their temporary work
location to the time they arrive at their headquarters or normal place of
permanent residence.
(m) If the Lodging
allowance is deemed insufficient to adequately reimburse Employees for expenses
properly and reasonably incurred, a further amount may be paid to the Employee
for the additional expenses incurred.
(n) Employees must
produce receipts to receive reimbursement for actual expenses unless the
Employer is prepared to accept other evidence from them.
(o) In the event of
any dispute over the implementation of these changes the parties shall have
recourse to the IRC under the Dispute Settlement Procedure (clause 5).
20.3.2 Lodging in
RMS-Provided Accommodation
(a) Employees who
perform official duties at a temporary work location may be directed to lodge
in accommodation organised and provided by the Employer.
(b) Where the
Employer does not provide meals, Employees are reimbursed meal expenses
actually and reasonably incurred during the time spent away from their
permanent residence to perform that work.
(c) Employees who
stay in RMS-provided accommodation may receive an Incidentals allowance as set
out at Item 4 of Schedule B.
20.3.3 Lodging Away from
Headquarters for One Week or More, Within a Reasonable Distance from
Headquarters
(a) If Employees:
(i) are required to find accommodation away from their headquarters
for a period of one week or more, and
(ii) are within reasonable distance from their permanent
residence/headquarters to travel to their permanent residence at weekends
(‘reasonable travelling distance’ from Sydney being the area bounded by Newcastle,
Singleton, Bowenfels, Yass and Nowra),
then claims for Travel and
Lodging allowances are calculated according to (b) - (e) below.
(b) Employees are
entitled to the Travelling allowance set out in subclause 20.3.1(d) when
travelling to or from a temporary work location, calculated from the time of
departure. If Employees have approval to use a private vehicle, they are paid
the Specified Journey Rate, as set out at Item 18 of Schedule B, up to the
amount payable had the most economic and practical means of public transport
been used.
(c) Lodging
allowance, or the actual and incidentals rate, is paid at the appropriate
capital city or non-capital city rate as set out at Item 3 of Schedule B. The
allowance is calculated from the time of the Employee’s departure to the
temporary work location up until the time of arrival back at
headquarters/permanent residence, which would normally be from Monday to
Friday, respectively.
(d) Where it is
necessary to:
(i) obtain accommodation on a weekly basis in order to preserve
continuity of accommodation, and
(ii) the cost exceeds the allowance payable from the time of
arrival to the time of departure each week,
Employees are paid the reasonable actual cost, plus an
amount set out at Item 4 of Schedule B.
(e) When
travelling to permanent residence/headquarters each week, Employees are
entitled to be reimbursed up to the cost of the most economic and practical
means of public transport available. If Employees make the journey by private
vehicle, they may be required to produce evidence that the journey was actually
made.
20.3.4 Lodging Away from
Headquarters for One Week or More, Not Within a Reasonable Travelling Distance
from Headquarters
(a) For Employees
who:
(i) are required to find accommodation away from their
headquarters for a period of one week or more; and
(ii) are not within a reasonable distance from their permanent
residence/headquarters, as defined in subclause 20.3.3(a)(ii), to travel to
their permanent residence at weekends,
the entitlement to return to
permanent residence/headquarters is calculated as set out below.
(b) If the distance
between a temporary work location and the Employee’s permanent
residence/headquarters is such that they can travel in their own time and spend
48 hours at their permanent residence/headquarters then Employees are entitled:
(i) if they have dependents, to return to their permanent
residence every four weeks at the Employer’s expense. Alternatively, Employees
may return to their permanent residence every two weeks and have half their
costs met by the Employer;
(ii) if they do not have dependants, to return to their permanent
residence every eight weeks at the Employer’s expense. Alternatively, Employees
may return to their permanent residence every four weeks and have half their
costs met by the RMS.
(c) If the
distance between an Employee’s temporary work location and their permanent
residence/headquarters, by the shortest practicable route, is such that
Employees are unable to travel in their own time to spend 48 hours at their
permanent residence/headquarters then Employees are entitled:
(i) if they have dependants, to return to their permanent
residence at the Employer’s expense and take two days special leave (usually
Friday and/or Monday) every four weeks;
(ii) if they do not have dependants, to return to their permanent
residence at the Employer’s expense and take two days special leave (usually
Friday and/or Monday) every eight weeks.
(d) Having regard
to the period of absence from work that is necessitated by land-based travel,
the Employer may provide Employees with air transport.
(e) If, in
accordance with (b) and (c) above, Employees return to their permanent
residence/headquarters after the specified period of absence has elapsed, each
journey will be regarded as a separate trip for the purposes of calculating
lodging allowances and Employees are paid travelling time as set out at
subclause 19.2.2(b).
(f) When Employees
travel to their permanent residence/headquarters they are entitled to be reimbursed
up to the cost of the most economic and practical means of public transport
available. If Employees make the journey by private vehicle, they may be
required to produce evidence that the journey was actually made.
20.4 Use of Private
Motor Vehicle
20.4.1 General
(a) Unless
otherwise specified in this Award, Employees bear the cost of daily travel by
private vehicle between their permanent residence and headquarters.
(b) Employees may
be authorised to use private motor vehicles where such use will result in
greater efficiency or be less expensive for the Employer than other forms of
transport.
(c) If Employees
have approval to use a private motor vehicle for work purposes, they must have
current:
(i) third party personal injury insurance; and
(ii) a comprehensive motor vehicle insurance policy to an amount
and in a form approved by the Employer.
20.4.2 Rates, Allowances
and Expenses
(a) Employees who
have approval to use a private motor vehicle for work purposes are paid an
allowance, depending on the circumstances and purpose for which the vehicle is
being used.
(b) Employees will
be paid:
(i) the Specified Journey Rate, as set at Item 18 of Schedule B
for travel to and from a temporary work location; or when on official business
where an RMS vehicle or other forms of transport are available, but the
Employee elects to use their own private vehicle, with the approval of the
Employer. The allowance is limited to an amount not exceeding the cost of
travel by public or other available means of transport;
(ii) the Official
Business Rate as set at Item 17 of Schedule B for using a private vehicle on
official business when no other means of transport is available, where the
Employee is directed to use their own vehicle by the Employer and the Employee
agrees to do so;
(iii) the Official Business Rate as set at Item 17 of Schedule B
if, owing to a disability, the Employee is unable to use other transport.
20.4.3 Private Use of RMS
vehicles
(a) Subject to
management approval and the provisions of RMS’s Light Motor Vehicle Policy and
Guidelines (as varied from time to time), Employees may negotiate to include
the private use of an RMS vehicle in a salary package arrangement.
(b) Such
arrangement will be subject to a motor vehicle being available from within the
RMS motor vehicle fleet and the vehicle being made available for general use
during business hours.
20.5 Conditions and
Allowances on Transfer
This clause applies to all Employees other than
Casuals.
20.5.1 General
(a) Unless
otherwise approved by the Employer, Employees are not paid allowances if they
transfer:
(i) at their own request within a period of 2 years of taking up
duty at their current headquarters;
(ii) under arrangements they have made directly with another
Employee to exchange
positions;
(iii) from one part of Sydney Metropolitan area to another as
defined in RMS policy.
(iv) to a new headquarters within 34km of their previous
headquarters; or
(v) for reasons of proven misconduct.
In the
case of job swaps arising out of major restructures,
RMS is prepared to consider the payment of transfer allowance in exceptional
circumstances.
(b) Where both
spouses are Employees and are transferred to the same new headquarters
requiring the relocation of residence, they are to seek approval regarding
payment of leave and expenses as transferred Employees prior to relocating.
(c) Where special
circumstances exist and the Employer so approves, this clause shall apply to a
transfer within the meaning of subclause (a)(i) or (a)(iv).
20.5.2 Travelling and
Accommodation Allowance
(a) Employees who
are transferred from one headquarters to another are paid the travelling
allowance set out at subclause 20.3.1 until arriving at their new headquarters.
(b) Employees who
are unable to secure a permanent residence or other regular accommodation
immediately on arrival at their new headquarters and are:
(i) separated from their dependants, are, paid the relevant
accommodation allowance set out at subclause 20.3, for the first eight weeks;
(ii) separated from their dependants, may be partially reimbursed
for expenses actually and reasonably incurred provided that the Employee can
produce receipts of the expenses claimed. Employees are only able to make this
claim for expenses after eight weeks and up to a maximum of six months after
having been transferred. The amount that may be reimbursed will be calculated
by determining the total amount of expenses incurred, for which the Employee
has receipts, minus the amount each week set out at Item 20 of Schedule B;
(iii) occupying temporary accommodation with their dependants are
paid three-quarters of the actual and reasonable expenses incurred for a period
of up to eight weeks;
(iv) occupying
temporary accommodation and do not have dependants, are paid 50% of the actual
and reasonable expenses incurred for a period of up to four weeks, up to a
maximum amount set out at Item 12(c) of Schedule B.
(c) Employees who
anticipate that due to special circumstances they will require reimbursement
beyond these periods must obtain the Employer’s approval prior to the
expiration of the above periods.
(d) Where the
Employer is not prepared, under subclause 20.5.10, to meet the expense of
transferring dependants, the Employee is paid the relevant accommodation
allowances set out at subclause 20.3.
(e) If an Employee
is separated from their dependents under circumstances set out above, then the
Employee is entitled to the provisions for returning to permanent residence set
out at subclauses 20.3.3 and 20.3.4.
20.5.3 Sale and Purchase
of Home When Transferred
(a) Where an
Employee is transferred and the Employer has agreed to meet the cost of
relocating their dependants and possessions, the Employee is entitled to be
reimbursed the costs associated with the sale of their current residence
provided the Employee purchases a residence or land to build a home at the new
location. The sale and purchase must
occur:
(i) not earlier than 6 months prior to and no later than 4 years
after the transfer; or
(ii) within a period not exceeding a further 4 years if the
Employee is transferred again within the timeframe of (a).
(b) This subclause
also applies if an Employee sells their current residence and takes up rented
accommodation or transfers, as long it has not been more than four years since
their transfer.
20.5.4 Reimbursement of Conveyancing and Other Costs
(a) If 20.5.3
applies, then the Employee may be reimbursed for the following expenses:
(i) professional
costs and disbursements of a solicitor or conveyancing
company acting on the Employee’s behalf,
in respect of transactions limited to Schedule 1 of the Conveyancing Act 1919 (NSW);
(ii) stamp duty paid in respect of the purchase of the Employee’s
residence or land at their new location, and in respect of any mortgage entered
into or discharge of mortgage connected with such transactions;
(iii) registration of transfer and discharge of mortgage;
(iv) any real estate agent’s commission for the sale of the
former residence;
(v) council or
other local government rates levied on the former residence prior to its sale
and during the period that it remains untenanted, providing that the Employee
has purchased a residence or land on which to build a home at the new
headquarters (the Employer may require the Employee to prove that reasonable
efforts have been made to sell the former residence at a reasonable market
price);
(vi) non-refundable
costs to connect gas and/or electricity at the new permanent residence;
(vii) the cost of survey certificates, pest certificates and/or
lending authority registration fees and charges reasonably incurred in seeking
financial assistance, for the purpose of purchasing a residence or land on
which to build a home at the new headquarters.
(b) If the
four-year period in subclause 20.5.3(a) above is exceeded, the Employer will
consider the Employee’s circumstances and may require the Employee to provide
full details as to why the sale and/or purchase of the residence or land could
not be completed within the four-year period.
(c) The maximum
amount Employees are reimbursed for items in subclause (a) above is limited to
the amount which would be payable had the sale and purchase prices in each case
been the amount set out at Item 8 of Schedule B.
(d) To be eligible
for reimbursement in full for the amount of stamp duty in subclause (a)(ii) above, Employees must occupy their residence within 15
months of transfer to their new location.
20.5.5 Telephone
Connection
Employees will be reimbursed the cost of installing a
telephone at their new location provided that:
(a) they were a telephone subscriber at their previous residence
at the time of transfer; and
(b) the amount reimbursed is limited to the full amount of the
transfer or installation fee only. Fees for extra telephone equipment and
services etc. are not reimbursed.
(c) Employees must
provide receipts when claiming reimbursement.
20.5.6 Arrangement of
Accommodation in Advance
(a) Subject to
approval, if an Employee and one member of their household travel to the new
headquarters, prior to a transfer, to arrange accommodation in advance, the
Employee is entitled to:
(i) reimbursement
of travelling costs or the Specified Journey Rate, up to the amount payable had
the most economic and practical means of public transport been used;
(ii) two days paid
special leave, for the purpose of visiting the new location and arranging
accommodation;
(iii) such leave as is necessary, on full pay, for the purposes of
travelling to the new location; and
(iv) actual and reasonable expenses incurred for overnight
accommodation and meals for the Employee and their family member, provided the
Employee produces receipts, up to a maximum of the amount specified in
subclause 20.3.
(b) Where the time
taken to travel to the new headquarters and accommodation is arranged in less
than two days, Employees are entitled to paid special leave for that lesser
time.
(c) Subsequent to
commencing work at their new headquarters, if Employees have been unable to
access the above entitlements but wish to have a member of their household
travel to their new headquarters for the purpose of finding new accommodation,
Employees are entitled to reimbursement of travel and accommodation expenses
for the household member, providing that person travels by the most practical
and economical means of transport. Where the family member travels by car, the
allowance is based on the Specified Journey Rate as set out at Item 18 of
Schedule B.
(d) Employees are
not entitled to the conditions above if they intend to re-occupy their own
home.
20.5.7 Weekly Allowance
for Increased Rental Costs
(a) Employees may
apply for and may be granted a weekly allowance if they incur increased rental
costs after being transferred. The application must be in writing and must be
supported by receipts which show the actual rent paid before and after the
transfer.
(b) The weekly
allowance is:
(i) based on the difference between the
cost of rent at the previous headquarters and the cost of rent at the new
location;
(ii) up to a maximum of the amount set out at Item 9 of Schedule
B per week; and
(iii) paid
for a period of up to six months, unless exceptional circumstances require that
the allowance be extended to a maximum of 12 months.
20.5.8 School Costs for
Dependent Children
(a) Where Employees
have dependent children in Year 12 who have to stay at the former location and
cannot move to the new location because elected subjects are not available at
the new location, they are entitled to reimbursement of up to the amount listed
in Item 10(b) of Schedule B, provided that the Employee:
(i) pays the amount set at Item 10(a) of
Schedule B, per week;
(ii) produces receipts of payment; and
(iii) produces a letter from the Department of Education and
Training stating that the elected subjects are not available at the new
location.
(b) Where dependent
children change to a school at the new location, Employees are entitled to
reimbursement of the costs of replacing the essential school clothing listed
from time to time in the DPC personnel circulars.
(c) Employees may
be reimbursed the cost of clothing not included on the list, which is required
at the new school, providing that they supply full particulars and the
circumstances surrounding the requirement to purchase.
20.5.9 Transfer of Household
Furniture and Effects
(a) Employees who
are transferred from one headquarters to another and have to change their
permanent residence are entitled to the following allowances to transfer their
household furniture and effects:
(i) where the value of the household furniture and effects is
more than the amount set out at Item 7(a) of Schedule B, Employees receive the
allowance set out at Item 7(b) of Schedule B.
(ii) where the value of the household furniture and effects is
less than the amount set out at Item 7(a) of Schedule B, Employees receive the
allowance set out at Item 7(c) of Schedule B.
(iii) where Employees change their residence and do not have
household furniture and effects to warrant the payment of the allowance
referred to in (a) above, Employees receive the amount set out at Item 7(d) of
Schedule B.
(b) Employees are
entitled to reimbursement of the cost of packing, removing, unpacking and
transit insurance of their goods, as well as storage of their furniture and
effects up to a maximum of eight weeks.
(c) Prior to
incurring the expense outlined in subclause (b) above, Employees must submit a
request to the Employer for approval to incur the expense, accompanied by:
(i) an inventory of the furniture and effects with their
approximate value;
(ii) quotations from carriers for the cost of removal;
(iii) if applicable, quotations for storage, limited to a maximum
of eight weeks from the date of transfer to their new headquarters.
(d) Quotations must
be obtained, where practicable, from at least two reputable carriers and are to
show the cost of removal from house to house, including packing and unpacking
and the cost of ‘all risk’ insurance.
(e) Employees who
wish to extend the period of storage beyond eight weeks must obtain prior approval
from the Employer.
(f) Employees must
enter into a contract for the removal of furniture and effects because the
Employer will not be responsible for any loss or damage to the furniture or
effects in the course of removal.
(g) Employees are
entitled to reimbursement of the cost of all risk insurance, up to a maximum
value for furniture and items as set out at Item 14 of Schedule B. Where the
insured value exceeds this amount, the matter is to be referred to the Employer
for consideration.
20.5.10 Transfer
of Dependants
(a) If Employees
transfer for the reasons set out in subclause 20.5.1(a)(i) or (ii) and special circumstances exist, upon
application the Employer may choose to reimburse the entitlements set out
below.
(b) If Employees
are transferred for the reason set out in subclause 20.5.1(a) (iv), they are entitled to the provisions set out below.
(c) When Employees
and their dependants travel to a new location, they are paid:
(i) the actual and necessary fares incurred by the most
economical means of public transport available; or
(ii) the Official Business Rate as set out at Item 17 of Schedule
B if Employees choose to travel by private vehicle.
(d) If Employees
travel during working hours they are entitled to travelling allowances as set
out in subclause 20.3. Any time spent in excess of the quickest practicable
public surface route is:
(i) deducted from annual leave; or
(ii) approved as leave without pay.
(e) Where it is
necessary for Employees to lodge their family or dependent relatives in
temporary accommodation for the time between leaving their previous
headquarters and arriving at their new headquarters, they are paid
three-quarters of the actual and reasonable additional expenses incurred for a
maximum period of one week, providing they supply receipts.
(f) If Employees
submit a receipt for joint accommodation costs for them and their family or
dependent relatives, the family cost to be used in calculations for (c), is
determined by deducting the single tariff rate and the cost of their meals,
from the total of the actual cost incurred plus the relevant incidentals rate
for capital cities or non-capital cities as set out at subclause 20.3.
20.5.11 Special
Leave for Transferred Employees
(a) Where Employees
are transferred in accordance with subclause 20.5.1, they are entitled to
special leave of:
(i) up to two days for preparation and supervision of packing of
personal and household effects prior to its removal or to arrange storage;
(ii) up to one day for the combined purpose of cleaning the
premises being vacated and/or occupying their new premises.
20.5.12 Removal
expenses on Retirement, Redundancy or Death
(a) If Employees
retire, accept a voluntary redundancy or die at a place other than the place of
their original headquarters, then the Employer will reimburse the costs
actually and necessarily incurred in removing personal and household effects,
together with associated transit insurance, to a location of their choice, or
as specified by their next of kin or executor of their estate in the case of
death, provided:
(i) the costs claimed do not exceed the cost had the effects
been moved to the original headquarters;
(ii) the relocation is effected within 12 months of the date of
retirement, voluntary redundancy or death and written application is made by
the widow or widower; and
(iii) in the case of voluntary redundancy only, the Employee has
not rejected an offer of redeployment.
(b) Any separate
claim made by the Employee’s children or dependant relatives will be considered
by the Employer provided that full particulars for the reason for special
consideration are supplied.
20.6 Remote Areas
Allowance
(a) The remote
areas allowance rates set out in Item 11 of Schedule B and discussed in this
clause are the rates payable per annum.
(b) Employees
whose headquarters and residence are in an area upon or west of a line starting
from a point on the bank of the Murray River opposite Swan Hill, which then
extends by straight line passing through the following towns in order, namely,
Conargo, Coleambally, Hay, Rankin’s Springs, Marsden, Condobolin, Peak Hill,
Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford, and
Bonshaw are paid a remote areas allowance at Grade A.
(c) Employees
whose headquarters are in Deniliquin are also paid the Grade A
Allowance.
(d) Grade B
Allowances will be paid to Employees whose headquarters and residence are at Angledool, Barrigun, Bourke,
Brewarrina, Clare, Enngonia, Goodooga, Ivanhoe, Lake Mungo, Lightning Ridge,
Louth Mungindi, Pooncarie, Redbank, Walgett, Wanaaring, Weilmoringle, White
Cliffs, Wilcannia and Willandra.
(e) Grade C
Allowances will be paid to Employees whose headquarters and residence are at
Fort Grey, Mootwingee, Mount Wood, Nocoleche, Olive
Downs, Tibooburra and Yethong.
(f) Employees will
be paid the dependant rate, set out at Item 11 of Schedule B, if their
dependants also reside in the defined remote area.
20.7 Fares Subsidy -
Remote Areas
(a) Employees who
are located in an area for which a remote areas allowance is paid are paid a
subsidy towards the cost of fares incurred when taking annual leave away from
that area.
(b) The fares
subsidy is paid once in every 12 month period, calculated from the date the
Employee takes up work in the area.
(c) A fares
subsidy entitlement not taken in one year is forfeited and cannot be carried
over to enable an Employee to make two claims in the following year.
(d) Employees who
travel by public transport are paid the lesser of:
(i) actual costs, less the amount set out at Item 12(a) of
Schedule B; or
(ii) up to a maximum of the amount set out at Item 12(b) of
Schedule B for the Employee and their spouse/dependants; or
(iii) up to a maximum of the amount set out at Item 12(c) of
Schedule B if the Employee does not have a spouse/dependants.
(e) Where
Employees travel by private vehicle, they are paid:
(i) the Specified Journey Rate as set out at Item 18 of Schedule
B; or
(ii) actual and reasonable costs in excess of the amount set out
at Item 12(a) of Schedule B,
whichever is the lesser, up to
the maximum specified in 12(c) of Schedule B.
(f) Travel
subsidies are based on the cost of a return journey from headquarters to Sydney
by the most practical and economic means of public transport available, or
elsewhere not exceeding the cost of a return journey to Sydney.
(g) There is no
entitlement for reimbursement of taxi fares or meals.
(h) Unless
otherwise approved, Employees are only paid the fares subsidy when they proceed
on a period of leave that would entitle them to the payment of annual leave
loading (ie, ten consecutive working days one day of
which is annual leave).
20.8 First Aid
Allowance
(a) Where the
Employer designates an Employee who is qualified, as specified in Items 15 and
16 of Schedule B, to be available to provide First Aid duties and
responsibilities, they shall be paid a First Aid Allowance appropriate to the
qualifications held during any period they are so designated.
(b) The First Aid
Allowance is not payable where a first aid qualification is part of an
Employee’s essential job requirement.
20.9 Sydney Harbour
Bridge Allowance
A Works Supervisor who is employed on the maintenance
of the structure of the Sydney Harbour Bridge shall be paid an allowance as set
out at Item 13 of Schedule B.
20.10 Uniform
and Personal Protective Equipment
(a) Salaried
Employees
(i) Salaried
Employees required to wear a uniform shall be responsible for maintaining such
uniforms in a clean and pressed condition and shall be paid an allowance as set
out in Item 25 of Schedule B for care and cleaning of uniform clothing.
(ii) The Employer
shall provide free of charge such protective footwear, as necessary, which is
reasonably expected to adequately protect all Employees in the workplace.
(b) Professional
Engineers
(i) Employees
who are required to wear protective clothing, footwear or equipment to perform
work will be provided with the protective clothing considered necessary.
(c) Maritime
Employees
(i) Employees
issued with a uniform are to wear the full uniform and keep it in good order.
(ii) Employees
employed in front line customer contact positions only may be issued uniforms
from the Employer. This includes all on water roles, customer service positions
and survey Employees.
(iii) Replacement
of uniforms shall be on a fair wear and tear basis.
(iv) The
provisions of (iii) above shall not apply to Employees issued with uniforms in
roles other than those described in (ii) above.
(v) Where an
Employee is issued with protective clothing that clothing must be worn on duty
except when a specific exemption has been allowed by the Employee’s supervisor.
Any Employee who has been issued with protective clothing and/or equipment, who
reports for duty incorrectly attired may be stood down without pay or be
otherwise deployed until such time as they are able to report for duty
correctly attired.
(vi) Replacement
of personal protective clothing will be on the basis of fair wear and tear.
20.11 On Call Allowance
(a) Employees are
paid an on-call allowance when directed to be on-call.
(b) When on-call
Employees are required:
(i) to be available outside of ordinary working hours,
(ii) to respond to an emergency/breakdown situation in a
reasonable time agreed with management, and
(iii) to remain in a fit state, unimpaired by the effects of
alcohol or drugs.
(c) Employees who
are on-call are not required to remain at their permanent residence but must be
able to be contacted immediately.
(d) The rate of
the on-call allowance is set out at Item 19(a) of Schedule B.
(e) Employees who
are on-call are not entitled to a disturbance allowance.
(f) The provisions
of this clause do not apply where a Salaried Employee is already in receipt of
payment representing compensation for regularly being on standby or on-call,
which is paid as part of the Employee’s salary or as a separate allowance.
20.12 Disturbance
Allowance
(a) This clause
applies to Salaried Employees and Maritime Employees. Professional Engineers
are covered by clause 59.
(b) Employees may
be contacted outside of normal work hours to assist with or co-ordinate a
response to an emergency and/or breakdown without being required to attend the
emergency and/or breakdown. Employees may be contacted to put into place
emergency arrangements by contacting other Employees to attend an incident or
providing advice in response to an emergency situation.
(c) The
disturbance allowance is:
(i) paid at a minimum of one hour of the ordinary hours rate;
(ii) not paid if the Employee’s salary exceeds the top step of
USS Grade 11 or equivalent.
(d) Where more
than one telephone call is received or made within the hour, only one hourly
payment is paid.
(e) The
disturbance allowance is payable under the arrangements set out in the RMS
On-Call and Disturbance Allowance Procedure.
SECTION 4 - LOCAL ARRANGEMENTS, HOURS OF WORK, OVERTIME,
SHIFTWORK AND RELATED MATTERS
21. Local Arrangements
21.1 Local
arrangements may be negotiated between the Employer and union parties to this
award in relation to any matter contained within the award.
21.2 All local
arrangements negotiated between the Employer and the union parties must:
a) be approved in writing by the Employer;
b) be approved in writing by the union parties to this Award;
c) include provisions for the duration, review, and termination
of the agreement; and
d) be contained in a formal document signed by all parties to
this Award.
21.3 A local
arrangement approved in accordance with this clause, will override this award
to the extent of any inconsistencies.
22. Hours of Work
22.1 Application of
this Clause
(a) The provisions
of this Clause shall not apply to Maritime Employees.
(b) This Clause
applies to Salaried Employees and Professional Engineers, subject to the
specific provisions applying to:
(i) COIs
and Compliance Operations Managers (in which case the provisions of clause 52
shall apply);
(ii) Motor
Registry and Telephone Customer Service Centre Employees (in which case the
provisions of clause 42 shall apply);
(iii) DRIVES Help Desk
Employees (in which case the provisions of clause 43 shall apply);
(iv) Work
Support Employees (in which case the provisions of clause 44 shall apply);
(v) Traffic
Supervisors (in which case the provisions of clause 45 shall apply);
(vi) Traffic
Commanders (in which case the provisions of clause 46 shall apply);
(vii) Operations
Managers and Operations Coordinators in the Regional Traffic Operations Centre
(in which case the provisions of clause 47 shall apply).
(c) Should any
Specific Provisions in relation to the hours of work be inconsistent with the
General Provisions outlined in this clause, then the specific provisions shall
prevail to the extent of any inconsistency.
22.2 Ordinary Hours
(a) The provisions
of subclause 22.2 do not apply to those Employees engaged in Shift Work. The ordinary hours of Shift Workers shall be
as set out in clause 23.
(b) Unless
prescribed otherwise in this Award, the ordinary hours of work are 35 hours per
week. The Employer may engage Employees under either a standard hours arrangement or a flexitime arrangement. The Employer
may direct Employees to work a standard hours
arrangement in exceptional circumstances.
(c) The ordinary
hours of Salaried Employees who are engaged on field work shall be 38 hours (if
directed). In such case, the Employee shall be paid a loading at the rate of
8.5% of salary; and overtime shall be paid for work in excess of 8 hours on any
one day, or 40 hours in any one week, or hours outside the ordinary spread of
hours normally worked by Employees on field work. The loading shall apply to
all periods of leave and be taken into account in the calculation of annual
leave loading and overtime payments. The loading shall also be taken into
account in the monetary value of long service leave on termination of service
where the Employee is in receipt of the loading on the day preceding
termination.
(d) Standard Hours
Arrangement
(i) The
standard hours arrangement involves seven hours per day, 35 hours per week,
worked over a five day period Monday to Friday inclusive.
(ii) For Salaried
Employees and Professional Engineers, the ordinary spread of hours for standard
hours shall be 8.30am to 4.30pm, with a lunch break to be taken between the
hours of noon and 2.00pm daily, provided:
(A) the Employer may approve Employees engaged under Salaried
Employee Classifications, to vary the ordinary span of hours so that they can
be worked between 7.00am to 5.30pm;
(B) the Employer may approve Employees engaged under the
Professional Engineers Classifications to vary the ordinary span of hours so
that they can be worked between 7.30am to 6.00pm;
(C) Professional
Engineers under the standard hours arrangement must
not work more than five hours without a one-hour meal break, taken between noon
and 2.00pm unless local arrangements are made in advance, based on the
Employee’s personal needs or operational needs. In this case, Employees and
management may agree to reduce the meal break to a minimum of 30 minutes.
(e) Flexitime
arrangement for Salaried Employees and Professional Engineers approved to work
under such arrangement
(i) Flexitime
arrangement is defined as where an Employee is able to:
(A) vary their start and finish times within the bandwidth;
(B) accrue one flex day (7 hours) in each 4 week settlement
period;
(C) take flex leave at any time throughout the 4 week settlement
period with management approval. (ii) Once approved, a Flexitime Arrangement is
defined as a program where Employees determine their own start and finish times
within the bandwidth, in consultation with their manager and taking into
consideration the requirements of their role.
(ii) Flexitime
will accrue where an Employee works additional hours above 140 hours in a
settlement period in accordance with this clause.
(iii) Where the
operational requirements allow, the working of a flexitime arrangement shall be
extended to an Employee working under a part time work arrangement. Except for
provisions contained in subclauses 22.2(e)(xi), (xiv)
and (xv), all other provisions under this subclause shall be applied pro rata
to an Employee working under a part time work arrangement.
(iv) Attendance
- An Employee's attendance in excess of ordinary hours but within the bandwidth
shall be subject to the availability of work.
(v) Bandwidth - The
bandwidth shall be between the hours of 7.00 am and 7.00 pm Monday to Friday,
unless otherwise agreed between the Employer and the Employee.
(vi) Minimum
hours of work on any day will be 5 for a full-time Employee and 3 for a
part-time Employee, excluding breaks.
(vii) Lunch break -
The standard lunch period shall be no less than ½ hour. Lunch breaks may be up
to 2½ hours taking into consideration the requirements of the role.
(viii) Settlement
period - The settlement period shall be four weeks, and for time recording
purposes, the settlement period and flex leave must coincide.
(ix) Contract hours
- The contract hours for a settlement period shall be calculated by multiplying
the Employee's weekly contract hours by the number of weeks in a settlement
period.
(x) Flexible
working hours credit - An Employee may carry a maximum
of 10 hours credit into the next settlement period. Subject to clause 22.2(e)(xiii) and 22.2(e)(xvi), additional hours are forfeited.
(xi) Any credit of
hours outstanding on an Employee's last day of duty is to be paid by adding the
monetary value to any unpaid salary or to the monetary value of accrued
annual/extended leave.
(xii) The hours
worked during the settlement period are to be monitored by the Employee and
their Supervisor. When due to operational reasons the Employee may exceed the
credit carry of 10 hours at the end of the settlement period, the Supervisor
shall, with the agreement of the Employee, request approval of the Employer, to
allow the Employee to accrue additional hours worked above the 10 hours as time
in lieu. Employer approval and the taking of the time in lieu will be subject
to compliance with RMS policy, procedures, guidelines and delegations.
(xiii) Flexible
working hours debit - The following provisions shall apply to the carry over of flexible working hours
debits:
(i) A
debit of up to 10 hours at the end of a settlement period may be carried over
into the next period;
(ii) Where the
debit exceeds 10 hours, the excess will be debited from a following pay as
leave without pay, unless the Employee elects to be granted available annual or
extended leave to offset the excess.
(iii) Any debit of
hours outstanding on an Employee’s last day of duty is to be deducted from any
unpaid salary or the monetary value of accrued annual/ extended leave.
(xiv) Flex leave -
Subject to operational requirements:
(i) An
Employee may use credit hours to take off the equivalent of one full day or two
half days in a settlement period of 4 weeks.
(ii) Flex leave
can be taken for a minimum period of 1 hour and thereafter in 15 minute
increments.
(iii) Flex leave
may be taken on consecutive working days.
(iv) Absences
on flex leave may be combined with other periods of authorised leave.
(xv) Banked days - If
an Employee is unable to take flex leave in accordance with clause 22.2(e)(xv) due to operational requirements, an Employee can bank
flex leave and is entitled to have banked up to four untaken flex days at any
one time. Subject to approval, the Employee can take up to four banked days
plus the current settlement periods flex day, to take a maximum of five
consecutive working days off at an appropriate time.
(xvi) Professional
Engineers who work on projects shall be entitled to bank flex days over the maximum
in subclause 21.2(e)(xvi), during the project to be taken at the conclusion of
the project or at set times during the project, in order to manage sustained
high workloads. Such leave arrangements
shall be approved by the relevant branch manager. Where it is agreed between
the Professional Engineer and the Employer, the Professional Engineer may work
a standard hours arrangement.
(xvii) Flexitime
Arrangements will not be used to replace shift work or temporary shift
arrangements, or where work would be more appropriately arranged under the
shift work provisions of this Award.
23. Shiftwork
23.1 Application of
this Clause
(a) The provisions
of this Clause shall not apply to Maritime Employees.
(b) This Clause
applies to Salaried Employees and Professional Engineers, subject to the
specific provisions applying to:
(i) COIs
and Compliance Operations Managers (in which case the provisions of clause 52
shall apply);
(ii) Motor
Registry and Telephone Customer Service Centre Employees (in which case the
provisions of clause 42 shall apply);
(iii) DRIVES Help
Desk Employees (in which case the provisions of clause 43 shall apply);
(iv) Work
Support Employees (in which case the provisions of clause 44 shall apply);
(v) Traffic
Supervisors (in which case the provisions of clause 45 shall apply);
(vi) Traffic
Commanders (in which case the provisions of clause 46 shall apply);
(vii) Operations
Managers and Operations Coordinators in the Regional Traffic Operations Centre
(in which case the provisions of clause 47 shall apply).
(c) Should any
specific provisions in relation to the hours of work be inconsistent with the
general provisions outlined in this clause, then the specific provisions shall
prevail to the extent of any inconsistency.
23.2 Shift Work Hours
(a) For Salaried
Employees rostered on shift work (including Employees whose ordinary hours of
work are 35 hours per week and are directed to work Field Work that is shift
work), unless specific provisions apply:
(i) Day
shift means those shifts where ordinary hours are worked between 7.00am and
5.00pm Monday to Friday;
(ii) Afternoon
shift means those shifts where ordinary hours commence at or after noon Monday
to Friday.
(iii) Night Shift
means those shifts where ordinary hours finish at or before 10.00am Monday to
Friday.
(iv) the ordinary hours for day shift shall not exceed those
worked daily or weekly by other Employees working normal hours Monday to Friday
inclusive. The only break will be for lunch. The lunch break shall be taken in
the Employee’s time and shall not be regarded as working time;
(v) the ordinary working hours for afternoon and night shifts
shall not exceed those worked daily or weekly by other Head Office Employees
working normal hours Monday to Friday. Meal breaks shall be of thirty minutes
duration and shall be taken as part of the ordinary working hours, to be paid
for at the appropriate shift rate;
(vi) no Employee shall be required to work more than five
consecutive hours without a meal break.
(b) For Employees whose
ordinary hours of work are 35 hours per week and are directed to work Field
Work that is shift work, and unless specific provisions apply:
(i) an Employee shall be given at least 48 hours’ notice of a
requirement to work shift work;
(ii) notice of any alteration to shift hours shall be given to
the Employee not later than ceasing time of the previous shift.
(iii) no Employee who is employed during ordinary working hours
shall be employed on afternoon or night shifts except at overtime rates.
(c) For Salaried
Employees who work Shifts and whose ordinary hours are thirty eight per week,
and unless specific provisions apply:
(i) Employees
shall accrue 0.4 of one hour for each shift worked to allow one shift to be
taken off as a paid shift for every twenty shift cycle. The twentieth shift
shall be paid for at the shift rate(s);
(ii) each shift of paid leave taken and any public holidays
occurring during any cycle of four weeks shall be regarded as a shift worked
for accrual purposes;
(iii) an Employee
who has not worked, or is not regarded by reason of subclause 23.2(b)(ii) as having worked a complete four week cycle, shall
receive pro rata accrued entitlements for each shift worked (or fraction of a
shift worked) or regarded as having been worked in such cycle, payable for the
rostered day off, or in the case of termination of employment, on termination;
(iv) Employees
working under subclause 23.2(a), shall agree upon arrangements with the
Employer for rostered paid days off during the twenty shift cycle or for
accumulation of accrued days, provided that such accumulation shall be limited
to no more than five such accrued days before they are taken as paid days off,
and when taken the days shall be regarded as days worked for accrual purposes
in the particular twenty shift cycle;
(v) once such
shifts have been rostered they shall be taken as paid shifts off provided that
in emergencies, when the Employer requires an Employee to work on the rostered
shift off and the Employee does so, the Employee shall take one paid shift off
before the end of the succeeding work cycle, and the Employee shall be paid for
the shift worked at the rates prescribed for Saturday work in subclause
23.5(a).
23.3 Payment for
Shift Work
(a) Payment for
day shift shall be at ordinary rates of pay.
(b) For
Professional Engineers, payment for an early morning shift shall be at the
ordinary rate of pay plus 12 ½%.
(c) Payment for
afternoon shift shall be at the ordinary rate of pay plus 12 ½ %.
(d) Payment for
night shift shall be at the ordinary rate of pay plus 15%.
(e) For Salaried
Employees engaged in Field Work working Shift Work:
(i) payment for day shift shall be at ordinary rates of pay;
(ii) Employees
shall be paid at the rate of time and one quarter when working on the second
(afternoon) shift on either a two or three shift system;
(iii) if three shifts are worked, the third night shift shall be
paid for at the rate of time and one quarter;
(iv) where Employees
are required to work on a shift not worked on a two or three shift system,
which commences at or after 4.00pm and which finishes at or before 7.00am, such
shift shall be of no longer duration than eight hours and shall be paid for at
the rate of time and one half;
(v) where the arrangement for working shifts provides for shifts
on less than five continuous working days then overtime rates shall be
applicable; provided also that in cases where less than a full week is worked
due to the action of the Employee then in such cases the rate payable for the
actual time worked shall be ordinary shift rates.
23.4 Shift Work
Rosters
(a) For Salaried
Employees rostered on shift work, unless specific provisions apply:
(i) Employees
shall be rostered to work shifts on a rotating basis as required by the
Employer provided that not more than five consecutive shifts shall be worked in
seven consecutive days;
(ii) wherever reasonably practicable, notice shall be given at
least seven days in advance of shifts to be worked. Rotating shifts shall
rotate weekly commencing Monday. Where three shifts
per day are being worked, the order of rotation shall be from day shift to
night shift, from night shift to afternoon shift and from afternoon shift to
day shift;
(iii) an Employee on rotating shifts shall not be rostered to work
more than two weeks on afternoon shift and/or night shift in any period of
three working weeks other than by agreement between the Employer and the
Employee. The Employee shall be paid at the rate of time and a half of the
ordinary time worked on afternoon and/or night shift in excess of two
consecutive weeks until the shifts are rotated.
23.5 Ordinary Hours
on a Saturday or Sunday for Salaried Employees and Professional Engineers
(a) Unless
prescribed in this Award, any ordinary hours worked on a Saturday shall be paid
at the rate of time and a half for the first two hours and double time
thereafter.
(b) Unless
prescribed in this Award, any ordinary hours worked on a Sunday shall be paid
at the rate of double time.
23.6 For Salaried
Employees who are Shift Workers:
(a) an Employee required to work a shift on a day in which they
have been rostered off shall be paid at overtime rates;
(b) an Employee rostered off on a public holiday shall be
credited with a day’s annual leave for each such day, provided that a six or
seven day shift roster is in operation.
23.7 For Professional
Engineers rostered for Shift Work:
(a) the Employer may roster Employees to work shifts on a
rotating basis;
(b) the ordinary
rostered working hours for shift work is not to exceed the hours worked daily
or weekly by non shift workers in the same
classification who work Monday to Friday;
(c) where practicable, Employees will be given seven days’
notice of the shifts to be worked;
(d) a meal break must be a minimum of 30 minutes duration.
(i) Except
in an emergency, Employees must not work more than five hours without a meal
break.
(ii) A meal break
during a day shift is unpaid and does not count as time worked.
(iii) A meal break
during an early morning, afternoon or night shift is taken as part of the
ordinary working hours and is to be paid at the appropriate shift rate.
(iv) Employees
who are given less than 24 hours’ notice of a change to a roster or are
required to work a shift on a rostered day off will be paid a Meal allowance as
specified in Item 2 of Schedule B.
(e) For
Professional Engineers rostered on rotating shift work:
(i) Employees
must not be rostered to work more than five consecutive shifts in seven
consecutive days;
(ii) the roster is to rotate weekly and runs from either Monday
to Friday or Sunday to Thursday;
(iii) where three shifts per day are being worked, the order of
rotation of shift is day shift to night shift, from night shift to afternoon
shift, and from afternoon shift to day shift.
(iv) Employees
must not be required to work more than two consecutive working weeks on
afternoon and/or night shift in any period of three working weeks, unless the
Employee requests this arrangement and the Employer agrees.
(f) For
Professional Engineers engaged on temporary night shift work:
(i) temporary shift work is worked between Sunday to Thursday
inclusive or Monday to Friday inclusive;
(ii) arrangements for temporary shift work must be by agreement
with local management provided that the choice of shift patterns does not
prevent the Employer from applying shift work provisions to other Employees;
(iii) for the purpose of this subclause, ‘temporary shift work’
means shift work for up to 2 weeks;
(iv) The
following loadings for ordinary shift hours apply, whether worked as a single
shift or as a combination of shifts:
Shift
|
Loading
|
Early morning
|
12.5%
|
Afternoon
|
25.0%
|
Night
|
50.0%
|
(v) if a normal shift is worked between Monday and Friday, the
Friday shift starts before and finishes after midnight Friday. If a normal
shift is worked between Sunday and Thursday, the Sunday shift starts before
midnight Sunday;
(vi) Employees who
work according to a temporary shift work arrangement on a Saturday, Sunday or
public holiday must be paid overtime rates provided Friday shifts referred to
in (v) above are paid at ordinary rates and Sunday shifts referred to in (v)
above are paid at ordinary shift rates after midnight Sunday.
(vii) Employees who
work in excess of the agreed ordinary shift work hours on Sunday to Thursday or
Monday to Friday (excluding public holidays) shall be paid double-time.
(viii) Employees who
are required to work temporary shift work must be given at least 48 hours’
notice. If shift hours are changed, Employees must be notified by the finishing
time of their previous shift;
(ix) Employees must
not work more than one ordinary shift on any one day (eg
a day shift and a night shift). If Employees are required to work a second
shift on a given day, the second shift is paid as overtime;
(x) Employees who
work according to a temporary shift arrangement of less than five consecutive
working days (and this is not due to their actions), shall be paid overtime
rates. Any public holidays, ADOs or leave is counted as single days worked and
forms part of the calculation towards the completion of five consecutive days;
(xi) Unless provided
for in this clause, no Employee who is employed during ordinary working hours
shall be employed on afternoon or night shifts except at overtime rates.
(g) Professional Engineers
engaged in shift work who are required to work more than two consecutive
working weeks on afternoon and/or night shift in any period of three working
weeks, other than for the reasons outlined in subclause 23.7(b) (shift work
rosters), are to be paid time and one half for all ordinary time worked on the
afternoon and/or night shift in excess of two consecutive weeks, until the
shifts are rotated.
24. Overtime
24.1 Application of
this Clause
(a) With the
exception of subclause 24.3, the provisions of this Clause shall not apply to
Maritime Employees.
(b) This Clause
applies to Salaried Employees and Professional Engineers, subject to the
specific provisions applying to:
(i) Motor
Registry and Telephone Customer Service Centre Employees (in which case the
provisions of clause 42 shall apply);
(ii) DRIVES Help
Desk Employees (in which case the provisions of clause 43 shall apply);
(iii) Work Support
Employees (in which case the provisions clause 44 shall apply);
(iv) Traffic
Supervisors (in which case the provisions of clause 45 shall apply);
(v) Operations
Managers and Operations Coordinators in the Regional Traffic Operations Centre
(in which case the provisions of clause 47 shall apply).
(c) Should any
Specific Provisions in relation to the hours of work be inconsistent with the
General Provisions outlined in this clause, then the Specific Provisions shall
prevail to the extent of any inconsistency.
(d) Where overtime
occurs on a regular basis, the overtime will be allocated equitably, and
rotated amongst available staff.
24.2 Payment for
Overtime
(a) Unless
prescribed in the Specific Provisions, or any other subclause contained in this
Award (including 23.5(b), time off in lieu) applies, any hours worked in
addition to or outside the ordinary hours of work shall be paid overtime at the
rate of time and a half for the first two hours and double time thereafter
subject to the provisions contained in subclause 24.2. For this purpose, each
period of overtime shall stand alone.
(b) For Salaried
Employees (including COIs), other than Shift Workers:
(i) who are called out for emergency duty other than on a
Saturday, Sunday or public holiday shall be paid a minimum payment of three hours work at overtime rates;
(ii) overtime rates shall not be paid for periods of less than
one quarter of an hour.
(c) For Salaried
Employees and Professional Engineers working under flexible working hours:
(i) payment of overtime will be made only where the Employee
works approved overtime;
(ii) any hours
approved to be worked outside the Employee’s ordinary hours of duty, if working
a standard hours arrangement, or outside the bandwidth, if working under a
flexitime arrangement, shall be overtime and managed in accordance with
overtime provisions of the Award;
(iii) a manager may request an Employee who works under a
flexitime arrangement to work overtime where they want an Employee to work more
than 8 ordinary hours within the bandwidth (excluding breaks) in any one
day. Where an Employee agrees to the
request, such hours shall be paid as overtime;
(iv) a manager may request an Employee who works under a
flexitime arrangement to work overtime where they want an Employee to work
between 7.00am and 7.30am or 6.00pm and 7.00pm.
An Employee can choose to accept or decline such a request. If an Employee accepts the request the time
worked will be counted and paid as overtime.
(v) where overtime
is worked prior to the bandwidth and is continuous with ordinary hours, such
overtime shall continue to 7.30am, after which time flex hours shall accrue;
and
(vi) where overtime is worked after the bandwidth and is
continuous with ordinary hours, such overtime shall commence at 6pm, at which
time flex hours shall cease to accrue.
(d) Works
Supervisors and Surveillance Officers who work their normal accrued day off
shall be entitled to claim overtime at Saturday rates for the hours worked.
Additionally, they shall be entitled to an alternative day off in the next four
week cycle. Provided that agreement is reached between Employees concerned and
local management, up to four ADOs may be accumulated.
(e) For Salaried
Employees (including COIs and Employees on Field
Work), the following Employees shall not, without the special approval of the
Employer, be paid for any overtime worked by them:
(i) Employees
who are paid a special allowance in lieu of overtime;
(ii) Administration
and Clerical Employees whose salary, and allowance in the nature of salary,
exceed that of the top step of USS Grade 9;
(iii) Employees
engaged on field work who are directed to work 38 hours per week shall be paid
a loading at the rate of 8.5% of salary; provided that overtime shall be paid
for time so worked in excess of 8 hours on any one day or 40 hours in any one
week or outside the spread of hours worked by Employees on field work.
(f) For
Professional Engineers, there is no entitlement to be paid overtime if:
(i) the Employee is paid an allowance in lieu of overtime;
(ii) prior approval has not been given by the Employer to approve
overtime; or
(iii) the period of overtime worked is less than 15 minutes.
Employees at Professional Engineer Level 3 and above
must have approval to work overtime from the relevant manager. Any overtime
approved will normally be calculated at the top step of Professional Engineer,
Level 2 unless the relevant manager authorises payment calculated on the
Employee’s substantive rate.
(g) All overtime
required to be worked shall be approved in advance by the relevant
supervisor/manager. Overtime payments are calculated exclusive of any shift
loadings and are based on the Employee’s ordinary rate of pay.
24.3 Reasonable
Overtime
(a) The Employer
may require an Employee to work reasonable overtime at overtime rates. An
Employee may refuse to work overtime in circumstances where the working of
overtime would result in the Employee working hours which are unreasonable. For
the purposes of this clause what is unreasonable or otherwise will be
determined having regard to:
(i) any risk to the Employee’s health and safety;
(ii) the Employee’s personal circumstances including any family
and carer responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the Employer regarding the
working of overtime, and by the Employee of their intention to refuse the
working of overtime; or
(v) any other relevant matter.
24.4 Overtime Meal
Break and Allowance
(a) Unless
prescribed otherwise in subclause 24.4 or any other Specific Provisions,
Employees who work more than one and a half hours overtime after their ordinary
hours are entitled to a unpaid meal break and a meal allowance as set out in
Item 2 of Schedule B.
(b) Salaried
Employees who work overtime that extends beyond 2.00pm on Saturday/Sunday or a
public holiday shall be provided with an unpaid meal break of at least 30
minutes and a meal allowance as set out in Item 2 of Schedule B.
(c) For Salaried
Employees, unless the Employee has been notified at least 24 hours in advance
of the requirement to work on a day or shift on which they had been rostered
off, they shall be paid a meal allowance as prescribed in Item 2 of Schedule B.
(d) Salaried
Employees and Professional Engineers engaged in shift work, who work more than
one and a half hours overtime after an afternoon or night shift
will be paid a meal break of 30 minutes, counted as time worked and calculated
at the overtime rate of pay. In such case, Employees are also entitled to a
meal allowance as set out in Item 2 of Schedule B.
(e) Professional
Engineers who work more than 2 hours overtime after their ordinary hours
finishing time are entitled to a meal break and a meal allowance as set out at
Item 2 of Schedule B.
(f) Professional
Engineers who resume work after their overtime meal break who then work a further five hours overtime, are entitled to an additional
meal break and a meal allowance.
(g) Employees who
work overtime and are provided with a meal are not entitled to payment of a
meal allowance.
(h) Employees are
provided a meal allowance on the condition that:
(i) money was spent in obtaining the meal,
(ii) at least a 30 minute meal break was taken either before or
during working the overtime,
(iii) work was resumed after the meal break, unless there is an
acceptable reason for taking the meal at the end of the overtime period,
(iv) the time taken for the meal break is not regarded as time
worked.
(i) During
paid meal breaks Employees must remain available to carry out duties if
required.
24.5 Working overtime
on a Saturday, Sunday or Public Holiday
(a) For Salaried
Employees (including COIs) and Professional Engineers,
and unless Specific Provisions or any other subclause in this Award applies:
(i) subject
to subclause 24.5(a)(ii) and (iii), any overtime hours worked on a Saturday
shall be paid at the rate of time and a half for the first two hours and double
time thereafter;
(ii) for Salaried
Employees on Field work who work shift work hours, an ordinary night shift that
commences before and extends beyond midnight Friday shall be regarded as a
Friday shift;
(iii) for
Professional Engineers on temporary night shift, Friday shifts which start
before and finish after midnight on Friday shall be paid at ordinary shift
rates, and Sunday shifts which start before midnight Sunday are paid at
ordinary rates after midnight on Sunday;
(iv) any overtime hours worked on a Sunday shall be paid at the
rate of double time;
(v) any overtime hours worked on a public holiday shall be paid
at the rate of double time and a half;
(vi) Employees
who work overtime on a Saturday, Sunday, or public holiday shall be paid a
minimum payment of three hours work at the
appropriate overtime rate where the overtime is not at the end or beginning of
the ordinary hours worked on a Saturday, Sunday or public holiday.
(b) Salaried
Employees and Professional Engineers who work overtime on a Saturday, Sunday or
Public Holiday may, within two working days following so working, elect to take
leave in lieu of payment for all or part of the Employee’s entitlement in
respect of the hours so worked (ie time for time),
provided that:
(i) leave in lieu of payment shall be taken at the convenience
of the Employer;
(ii) such leave in lieu shall be taken in multiples of a
quarter-day only (or minimum period of one hour for Professional Engineers);
(iii) the maximum period of leave in lieu that may be allowed in
respect of any one period of overtime worked shall be one day;
(iv) leave in lieu
shall be taken within one month of the date of election, except in the case of
leave in lieu in respect of work performed on a public holiday, in which case
an Employee may elect to have such leave in lieu added to annual leave credits;
(v) an Employee shall be entitled to payment for the balance of
any entitlements not taken as leave in lieu.
24.6 Minimum Rest Period
(a) For Salaried
Employees (including COIs), and unless specific
provisions apply, Employees shall not be required to be on duty for more than
16 consecutive hours. After being on duty for 16 consecutive hours an Employee
shall take a rest break of at least four consecutive hours and where the
Employee is directed to resume without having a rest break of eight consecutive
hours payment shall be at the rate of double ordinary time until the Employee
is released from duty for eight consecutive hours. Any rostered working time
occurring during such absence shall be paid for at the appropriate shift work
rates.
(b) Professional
Engineers who work overtime are entitled to:
(i) a minimum rest period of at least eight consecutive hours
off work between ordinary hours shifts;
(ii) not being required to be on duty for more than 16
consecutive hours;
(iii) a minimum rest break of at least four consecutive hours
after working for more than 16 consecutive hours;
(iv) payment at the
rate of double time or double time and a half on a public holiday until
released from work, if the Employee is recalled to work without having had at
least eight consecutive hours off work;
(v) a further rest
period of at least eight consecutive hours if the Employee is recalled to work
without initially having had at least eight consecutive hours off work;
(vi) if an Employee’s usual ordinary hours occur during the
minimum rest period of eight hours in (i)-(v) above,
the Employee will be paid at their normal salary for the time they are absent.
25. Flexible Working
Practices
25.1 RMS recognises
the importance of ensuring Employees maintain a work/life balance. Workplace
flexibility underpins staff performance and productivity and is a key
contributor to the achievement of RMS’ corporate objectives. It also
contributes to the attraction and retention of people with valuable skills, and
assists the participation of diverse groups in the workforce.
25.2 RMS supports a
number of workplace flexibility initiatives and will grant an Employee’s
request for flexible working options subject to the arrangements maintaining
business efficiency and productivity. Where it is not possible to accommodate
such a request:
(a) the Employee’s manager is to provide the Employee within a
reasonable time:
(i) the reason(s) the request cannot be granted;
(ii) any alternative arrangements RMS can provide the Employee;
and
(iii) any other relevant information that will assist the Employee
to understand the reasons the request has been rejected.
(b) Should no
alternative arrangements be provided, the Employee may apply to the General
Manager Human Resources for a review of the request who will consider the
matter and provide a recommendation to the Employee and their manager.
(c) Should no
agreement be reached following the steps outlined above, the Employee may
choose to have the matter progressed under clause 5 Dispute Settlement
Procedure.
25.3 In addition to
leave and flex-time/time in lieu (TIL) initiatives, examples of workplace
flexibility initiatives that can be considered include:
(a) Teleworking
(including working from home or a specified RMS Telecentre)
(b) Changing from
full-time to part-time employment on a temporary or permanent basis
(c) Job-sharing
(d) Phased
retirement arrangements in accordance with published procedures
(e) Other
negotiated flexible working requests
25.4 Consideration
and approval of flexible working initiatives is in accordance with the RMS
Workplace Flexibility Policy and other relevant Policies, Procedures or Guidelines.
SECTION 5 - LEAVE AND PUBLIC HOLIDAYS
26. Annual Leave
26.1 Application of
this Clause
(a) This Clause
applies to Salaried Employees and Professional Engineers, subject to the
specific provisions applying to Operations Managers and Operations Coordinators
in the Regional Traffic Operations Centre (in which case the provisions of
clause 47 shall apply).
(b) Should any
Specific Provisions in relation to annual leave be inconsistent with the
General Provisions outlined in this clause, then the
Specific Provisions shall prevail to the extent of any inconsistency.
(c) Subject to
this clause, annual leave is in accordance with the Annual Holidays Act, as in
force from time to time.
26.2 Where
operational requirements permit, the wishes of the Employee will be taken into
account on the time annual leave is taken.
26.3 Employees accrue
annual leave at the rate of one and two-thirds days per month from the date of
appointment. Employees entitled to an extra week’s annual leave, accrue the additional
annual leave at the appropriate rate.
26.4 An Employee is
entitled to be paid in advance for periods of approved annual leave.
26.5 Additional
Conditions applicable to Salaried Employees
(a) The following
Salaried Employees are entitled to accrue five additional days of annual leave
per annum accruing monthly if:
(i) they are in receipt of a Remote Area Allowance prescribed in
subclause 20.6;
(ii) they are
stationed at Parkes, Forbes, Griffith, Leeton, Dubbo,
Wagga Wagga, Narrandera, West Wyalong, Finley, Deniliquin, Gunnedah or
Narrabri; or
(iii) they are employed on a six or seven-day week three shift
roster.
(b) Salaried
Employees entitled to accrue five days additional annual leave per annum in
accordance with subclause 26.5(a) can cash out the monetary value of the
additional five days leave once in any twelve month period.
(c) Annual leave
will not accrue during any period that a Salaried Employee is absent without
pay if the period of absence exceeds 28 consecutive days.
(d) Salaried
Employees must take at least two consecutive weeks of annual leave every 12
months, unless otherwise approved in special circumstances.
(e) The Employer
may notify Salaried Employees when accrued annual leave reaches six weeks.
Salaried Employees may be directed to take at least two weeks annual leave
within three months of the notification at a time convenient to the Employer.
(f) The Employer
may notify Salaried Employees when accrued annual leave reaches eight weeks.
Salaried Employees will be directed to take at least two weeks annual leave
within six weeks of the notification at a time convenient to the Employer.
26.6 Additional
Conditions applicable to Professional Engineers
(a) Professional
Engineers are entitled to accrue five additional days of annual leave per annum
accruing monthly if:
(i) they are in receipt
of a Remote Area Allowance in accordance with subclause 20.6; or
(ii) their
headquarters is at Parkes, Forbes, Griffith, Leeton,
Dubbo, Wagga Wagga, Narrandera, West Wyalong, Finley, Deniliquin, Gunnedah or
Narrabri; or
(iii) they are employed as a six or seven-day continuous shift
worker.
(b) Professional
Engineers entitled to accrue five days additional annual leave per annum in
accordance with subclause 25.6(a) can cash out the monetary value of the
additional five days leave once in any twelve month period.
(c) Professional
Engineers do not accrue annual leave during periods of leave without pay which
exceed more than 20 consecutive working days.
26.7 Conditions
applicable to Maritime Employees
(a) The following
Maritime Employees are entitled to accrue five additional days of annual leave
per annum accruing monthly:
(i) Boating
Safety Officers, Senior Boating Safety Officers and Boating Education Officers
working weekends and public holidays;
(ii) Maritime
Environmental Services Team Leaders and Maritime Environmental Service
Officers; and
(iii) Maritime
Employees stationed indefinitely in a remote area of the State being the
Western and Central Division of the State described as such in the Second
Schedule to the Crown Lands Consolidation
Act 1913.
(b) Maritime
Employees are subject to the specific provisions regarding the taking of annual
leave contained in section 8 of Part B.
(c) The maximum
annual leave balance of a Maritime Employee will be no more than 30 days (or
pro rata equivalent for part-timers) by the end of the NSW school holidays in
July each year. Where an Employee does not voluntarily schedule leave to meet
the required target the Maritime Employee will be directed to take leave.
(d) An Employee
may elect, with the consent of the Employer, to take annual leave not exceeding
ten days in single-day periods, or part thereof, in any calendar year at a time
or time agreed by the parties in order to meet their personal carer’s
responsibilities.
(e) A Maritime
Employee may elect, with the Employer’s Agreement, to take annual leave at any
time within a period of 24 months from the date at which it falls due in order
to meet their personal carer’s responsibilities.
26.8 Payment of Leave
Upon Cessation of Employment
(a) When Employees
cease employment with the Employer, they will be paid the value of their annual
leave as a lump sum.
(b) The monetary
value of their leave is calculated based on the number of working days
accumulated and includes any public holiday that would have occurred if that
time had been worked.
(c) Salaried
Employees and Professional Engineers may elect, prior to their last day of
employment, to take either the whole or part of their annual leave due on their
last day as annual leave, instead of receiving a lump sum payment in lieu of
the leave.
(d) If subclause
26.8(c) applies then:
(i) annual leave continues to accrue during the period taken as
annual leave and this accrual is paid on the final date of service,
(ii) the ordinary rate of pay will be increased by any increment
which the Employee becomes eligible for during the period of annual leave, and
(iii) the final date of service is recognised as the final day of
the annual leave taken.
26.9 Sick Leave While
on Annual Leave
(a) Employees who
are sick during annual leave and wish to claim sick leave must provide a
satisfactory medical certificate for that period.
(b) If approved,
the annual leave accrual is re-credited with that equivalent period of sick
leave.
(c) Employees are
not entitled to claim sick leave when on annual leave if the annual leave has
been taken in conjunction with a resignation or the termination of services,
unless the Employee is retiring.
26.10 Annual Leave
Loading for Salaried Employees
(a) Salaried
Employees will receive, in addition to payment for annual leave, a leave
loading of 17.5% of the monetary value of up to 4 weeks annual leave accrued in
a Leave Year calculated up to a maximum salary of USS Grade 11.
(b) The annual
leave loading shall be paid to Salaried Employees subject to the following
conditions:
(i) The
full entitlement to the loading on annual leave that a Salaried Employee has
accrued over the previous Leave Year will be paid on the first occasion after 1
December in any year a Salaried Employee takes sufficient leave to permit them
to be absent from duty for at least two consecutive weeks, of which at least
one week is annual leave. The loading will apply only to leave accrued in the
year ending on the preceding 30 November, up to a maximum of four weeks.
(ii) In the event
of no such absence occurring by 30 November of the following year, a Salaried
Employee will be paid the monetary value of the annual leave loading payable on
leave accrued as at 30 November of the previous Leave Year in a pay following
30 November.
(iii) Shift Workers
- Unless determined otherwise, shift workers proceeding on annual leave are to
be paid in respect of leave taken in any period of 12 months commencing 1
December, shift premiums and penalty rates (or other allowance paid on a
regular basis in lieu thereof) they would have received had they been on duty
or the 17.5 percent annual leave loading as herein
prescribed, whichever is the more favourable. Payment of shift premiums and
penalty rates shall not be made for public holidays which fall on a seven-day
shift worker's rostered day off. In the case of seven-day continuous shift
workers, the 17.5per cent annual leave loading is to be calculated on the basis
of 17.5 per cent of five weeks ordinary salary.
(iv) On cessation of
employment, other than termination of the Salaried Employee for misconduct, a
Salaried Employee who has not taken annual leave qualifying them for payment of
the annual leave loading since the preceding 1 December shall be paid the
loading, which would have been payable had such leave been taken.
27. Sick Leave
27.1 Application of
this Clause
(a) This Clause
applies to Salaried Employees and Professional Engineers, subject to the specific
provisions applying to Operations Managers and Operations Coordinators in the
Regional Traffic Operations Centre (in which case the provisions of clause 47
shall apply).
(b) Should any
Specific Provisions in relation to sick leave be inconsistent with the General
Provisions outlined in this clause, then the Specific Provisions shall prevail
to the extent of any inconsistency.
(c) An Employee is
entitled to take paid accrued sick leave in accordance with this clause, for
periods where the Employee is unable to perform their duties because of an
illness or injury. Paid sick leave will not be granted during periods of Leave Without Pay.
27.2 Entitlement and
Accrual for Employees
(a) Sick leave on
full pay accrues day by day to Salaried Employees at the rate of 15 days for
each year of service and is cumulative.
(b) At the
commencement of employment with the Employer Employees will be granted an
accrual of 5 days sick leave.
(c) After the
first four months of employment Employees shall accrue sick leave at the rate
of 10 working days per year for the balance of the first year of service.
(d) After the
first year of service Employees shall accrue sick leave fortnightly at the rate
of 15 working days per year of service.
(e) Additional
Special Sick leave may be granted in the following circumstances:
(i) the person has 10 or more years of continuous service;
(ii) the person has been or will be absent for more than three
months; and
(iii) the person has exhausted or will exhaust available paid sick
leave.
The additional period of sick leave may be granted on
the basis of one month for each completed 10 years of service plus 10 calendar
days, less all Additional Special Sick Leave taken during service.
(f) Extended
Special Sick Leave may be granted at the discretion of the Chief Executive in
the following circumstances:
(i) Where
an Employee has exhausted the grant of all forms of sick leave that are
available to the Employee, application may be made to the Chief Executive for
Extended Special Sick Leave.
(ii) Extended
Special Sick Leave is designed for long term illness or injury and may only be
sought after other forms of sick leave have been exhausted.
(iii) RMS will
require medical evidence to support such applications.
(g) Employees who
are ex-services personnel and have an a war caused disability (being an illness
or injury resulting from armed service in a recognised war zone) accepted by
the Department of Veterans’ Affairs will be granted additional sick leave
entitlement of 15 days per calendar year non-cumulative.
27.3 Entitlement and
Accrual for Professional Engineers
(a) At the
commencement of employment with the Employer, a full time Professional Engineer
is granted an accrual of 5 days sick leave.
(b) After the
first four months of employment, the Professional Engineer shall accrue sick
leave at the rate of 10 working days per year for the balance of the first year
of service.
(c) After the
first year of service, the Professional Engineer shall accrue sick leave
fortnightly at the rate of 15 working days per year of service.
(d) Sick leave is
cumulative.
(e) An additional
period of sick leave may be granted in the following circumstances:
(i) the person has 10 or more years of continuous service;
(ii) the person has been or will be absent for more than three
months; and
(iii) the person has exhausted or will exhaust available paid sick
leave.
The additional period of sick leave may be granted on
the basis of one month for each completed 10 years of service plus 10 calendar
days, less all Additional Special Sick Leave taken during service.
(f) Employees who
are ex-services personnel and have a war caused disability (being an illness or
injury resulting from armed service in a recognised war zone) accepted by the
Department of Veterans’ Affairs will be granted additional sick leave
entitlement of 15 days per calendar year non-cumulative.
(g) Sick leave
without pay shall count as service for the accrual of annual leave and paid
sick leave. In all other respects sick
leave without pay shall be treated in the same manner as leave without pay.
27.4 Notification and
Evidence requirements
(a) An Employee
must inform their manager as soon as reasonably practicable that they are
unable to perform duty because of illness. This must be done as close to the
Employee’s starting time as possible.
(b) The granting
of paid or unpaid sick leave is subject to the Employee:
(i) providing notice of the absence as per subclause 27.4(a);
and
(ii) appropriate evidence requirements in subclause 27.4(c)-(f).
(c) For
Salaried Employees and Professional
Engineers (other than Maritime Employees), an Employee absent on account of
sickness for more than two consecutive days, or a total of five days in any one
year, or when otherwise requested by the Employer, must provide medical
certificates or other evidence showing the nature of the illness and its
probable duration.
(d) In the case of
extended absence, an Employee may be required to furnish fresh medical
certificates each week or submit to an examination by a medical practitioner
nominated by the Employer.
(e) Maritime
Employees absent on account of sickness must provide a valid medical
certificate for any period exceeding 5 days in any one year or when otherwise
requested by the Employer.
(f) Backdated
medical certificates will not be accepted. If an Employee provides evidence of
illness that only covers the latter part of the absence, they can be granted
sick leave for the whole period if the Employer is satisfied that the reason
for the absence is genuine.
(g) If the
Employer is concerned about the diagnosis described in the evidence of illness
produced by the Employee, after discussion with the Employee, the Employee’s
application for leave and the evidence provided can be referred to an approved
medical practitioner for advice. The type of leave granted to the Employee will
be based on such advice. If sick leave is not granted, the Employer will
consider the wishes of the Employee when determining the type of leave to be
granted.
(h) Employees on
an Absence Management Program may not be offered or directed to work overtime.
28. Carer’s. Leave
28.1 Carer’s Leave
may be available to assist Employees in relation to categories of persons who
need the Employee’s care and support to provide such care when a specified
person is ill.
28.2 Entitlement for
Salaried Employees and Professional Engineers
In this subclause ‘Employee’ means Salaried Employees
and Professional Engineers.
(a) Employees will
be able to elect to use available paid sick leave that has been accumulated
over the previous three years, subject to the conditions specified in this
subclause, to provide short term care and support when a person identified in
subclause 28.2(d) is ill and requires the Employee’s care and support.
(b) In special
circumstances, Employees may be granted additional sick leave from their sick
leave entitlement accumulated during their employment.
(c) Employees will
be entitled to Carer's Leave when:
(i) their entitlements to FACSL is exhausted; and
(ii) they are responsible for the care and support of a category
of person set in subclause 28.2(d).
(d) Employees will
be entitled to Carer's Leave for the care and support of an ill:
(i) Family
Member;
(ii) relative who is a member of the same household where, for
the purposes of this definition:
(A) 'relative' means a person related by blood, marriage,
affinity or Aboriginal kinship structures;
(B) 'affinity' means a relationship that one spouse or partner
has to the relatives of another; and
(C) 'household' means a family group living in the same domestic
dwelling.
(e) The Employee
shall, if required:
(i) establish either by production of a
medical certificate or other acceptable documentation, the illness of the
person concerned and that the illness is such as to require care by another
person; or
(ii) establish by production of acceptable documentation, the
nature of the emergency and that such emergency resulted in the person
concerned requiring care by the Employee.
(f) In normal
circumstances, an Employee must not take carer's leave under this subclause
where another person has taken leave to care for the same person.
28.3 Entitlement for
Maritime Employees
(a) Paid leave of
up to 5 days per calendar year may be granted to Maritime Employees to provide
short term care or support when a person identified in subclause 28.2(d)
(Carer’s Leave Entitlement for Salaried Employees and Professional Engineers)
is ill and requires the Employee’s care and support.
(b) Paid Leave may
also be provided for Maritime Employees in the case of the death of a person
identified in subclause 28.2(d) (Carer’s Leave Entitlement for Salaried
Employees and Professional Engineers). In the case of bereavement, if carer’s
leave has been exhausted, then Special Leave can be requested. Casual Employees, although not entitled to
payment for Carer’s Leave or Bereavement Leave, shall be entitled to not be
available to attend work or to leave work upon the death of a family member in
Australia, and subject to satisfactory evidence.
(c) For Casual
Employees engaged in Maritime, who seek to not be available to attend work upon
the death of a family member, the period of which the Employee will be entitled
to not be available to attend work shall be agreed to between the parties, or
in the absence of agreement the Employee is entitled to not be available to
attend work for up to 48 hours per occasion. The Employer must not fail to
re-engage a casual Employee because they accessed such leave, and the rights of
the Employer to engage or not engage a Casual Employee are not affected. The
Casual Employee should, as soon as reasonably practicable, inform the Employer
or their inability to attend for duty.
(d) If carer’s
leave has been exhausted, then untaken sick leave of up to 5 days a year may be
accessed for the current year and the three previous years.
(e) A Maritime
Employee may elect, with the consent of the Employer, to take annual leave not
exceeding ten days in single-day periods, or part thereof, in any calendar year
at a time or time agreed by the parties in order to meet their carer’s
responsibilities.
(f) A Maritime
Employee may elect with the Employer’s agreement to take annual leave at any
time within a period of 24 months from the date at which it falls due in order
to meet their carer’s responsibilities.
(g) The Employee
shall, if required, establish either by production of a medical certificate or
other acceptable documentation, the illness of the person concerned and that
the illness is such as to require care by another person.
28.4 Entitlement for
casual Employees
(a) Casual
Employees are entitled to not be available to attend work, or to leave work if
they need to care for a person prescribed in subclause 28.2(d) who is sick and
requires care due to an unexpected emergency, or the birth of a child.
(b) The Employer
and the Employee shall agree on the period for which the Employee will be
entitled to not be available to attend work.
In the absence of agreement, the Employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The Employee is not entitled to any payment
for the period of non-attendance.
(c) If required by
the Employer, the Employee must establish, by production of a medical
certificate or statutory declaration, the illness of the person concerned.
(d) The Employer
will not fail to re-engage Casual Employees because they are unavailable to
work or leave work in accordance with this subclause. However, the rights of
the Employer to otherwise engage or not engage Casual Employees are not
affected.
29. Family and
Community Service Leave
29.1 Employees may be
granted FACSL for reasons related to unplanned and emergency family
responsibilities or other specified emergencies and may include, but are not
limited to, the following:
(a) for reasons related to responsibilities for a Family Member;
(b) for reasons related to the death of a Family Member or
relative;
(c) for reasons related to performance of community service;
(d) in case of pressing necessity, natural disaster or major
transport disruption, or
(e) for the purpose of adoption interviews or examinations.
29.2 The maximum
amount of FACSL that an Employee will accrue at ordinary rates is:
(a) two
and a half days in the first 12 months of service;
(b) two
and a half days in the second year of service; and
(c) one day for
each completed year of service, less the total amount of any FACSL already
taken by the Employee.
29.3 Part-time
Employees are entitled to FACSL on a pro-rata basis, based on the number of
hours worked.
29.4 If available
FACSL is exhausted, on the death of a Family Member or relative, additional
paid FACSL of up to 2 days may be granted on a discrete, per occasion basis to
a Professional Engineer (or up to 3 days if the Employee is a Salaried
Employee).
29.5 If available
FACSL is exhausted as a result of natural disasters, RMS shall consider
applications for additional FACSL if some other emergency arises.
29.6 RMS may also
grant Employees other forms of leave such as accrued annual leave, time off in
lieu and flex leave for family or community service responsibilities.
29.7 Employees who
have had immediate previous employment in the NSW Public sector may transfer
their FACSL from their previous Employer.
29.8 Bereavement
Leave for Casuals
(a) Casual
Employees are entitled to be unavailable to work, or may leave work, if a
Family Member or relative as defined in subclause 28.2(d) (Carer’s leave) dies.
(b) Casual
Employees can be unavailable to work for up to 48 hours (two days work). However, the Employee and the Employer can also
make an agreement on a timeframe for the absence that is either longer or
shorter than 48 hours (or two days), as required. This agreement must be made
before the Employee is absent from work or makes themself unavailable to work.
(c) Casual
Employees will not be paid when they are unavailable to work or leave work in
accordance with this clause.
(d) The Employer
may require casual Employees to produce evidence, such as a death certificate
or statutory declaration, providing details of the circumstances of the death.
(e) The Employer
will not fail to re-engage casual Employees because they are unavailable to
work or leave work in accordance with this subclause. However, the rights of the
Employer to otherwise engage or not engage casual Employees are not affected.
30. Maternity,
Adoption and Parental Leave
30.1 General
Provisions
(a) Maternity,
Adoption and Parental Leave is available to only one parent at a time, except
that both parents may simultaneously access the leave in the following
circumstances:
(i) for Maternity Leave and Other Parent Leave, an unbroken
period of two weeks at the time of birth of the child;
(ii) for Adoption Leave, an unbroken period of up to three weeks
at the time of the placement of the child.
(b) Employee can
access available accrued annual or long service leave during any period of
maternity, adoption or parental leave, provided that such leave taken does not
extend the period of leave.
30.2 Maternity Leave
(a) General
(i) Maternity
leave is available to female Employees (including those employed as casuals who
have worked on a regular and systemic basis with RMS for at least 12 months) to
enable them to take leave in connection with the pregnancy or birth of a child.
(ii) An Employee
who has been granted maternity leave and whose child is stillborn may elect to
take available sick leave instead of maternity leave.
(b) Paid Maternity
Leave
Employees who are employed on a permanent or limited duration
basis and have completed at least 40 weeks continuous service prior to the
commencement of Parental Leave are entitled to paid
maternity leave at their ordinary rate of pay for:
(i) up to fourteen weeks, or
(ii) the period of maternity leave taken,
whichever is the lesser
period.
Leave may be taken at full pay, half pay or as a lump
sum.
(c) Unpaid
Maternity Leave
(i) Pregnant
Employees are entitled to maternity leave:
(A) on a full-time basis for a period of not more than nine
weeks prior to the expected date of giving birth; and
(B) for a further period ending not more than 12 months after
the date of giving birth.
(d) Where the
pregnancy ends not in the birth of a living child, within 28 weeks of the
expected date of birth, the Employee may elect to take paid or unpaid maternity
leave or sick leave and negotiate their date of return to work with the
Employer.
(e) Where an
Employee has a pregnancy related illness, the Employee is entitled to take paid
sick leave or accrued annual leave or extended leave or unpaid special
maternity leave.
30.3 Adoption Leave
(a) General
(i) Employees
are entitled to adoption leave when they are to be the primary care giver of
either an adopted child or a child subject to a parentage order made under the Surrogacy Act 2010.
(ii) Adoption
leave commences on the date that the Employee takes custody of the child
concerned, whether that date is before or after the date on which a court makes
an order for the adoption of the child.
(b) Paid Adoption
Leave
Employees who are employed on a permanent or limited
duration basis and have completed at least 40 weeks continuous service prior to
the commencement of adoption leave are entitled to paid leave at their ordinary
rate of pay for:
(i) fourteen
weeks, or
(ii) the period of adoption leave taken,
whichever is the lesser
period.
Leave may be taken at full pay, half pay or as a lump
sum.
(c) Unpaid
Adoption Leave
(i) Employees
are entitled to adoption leave for a maximum period of 12 months.
(ii) If approved,
unpaid adoption leave may be taken as:
(A) part-time for a period not exceeding two years; or
(B) partly full-time and partly part-time over a proportionate
period of up to two years.
(d) Special
Adoption Leave
An Employee is entitled to special adoption leave
(without pay) for up to 2 days to attend interviews or examinations for the
purposes of adoption. As an alternative to special adoption leave an Employee
can elect to charge the period of leave against annual leave, extended leave,
flex leave or family and community service leave.
30.4 Parental Leave
(a) General
(i) Parental
leave will be granted for a period of up to 12 months to Employees who are not
entitled to maternity or adoption leave to enable parents to share in the
responsibility of caring for their young children.
(ii) Parental
leave may commence at any time up to two years after the date of birth of a
child or the date of placement of an adopted child.
(iii) Parental
leave is granted without pay except as provided in subclause 30.4(d).
(b) Short other
parental leave - an unbroken period of up 8 weeks at the time of the birth of
the child or other termination of the spouse's or partner's pregnancy or, in
the case of adoption or surrogacy, from the date of taking custody of the child.
(c) Extended other
parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the Employee as provided for in subclause
30.8(b). Extended other parental leave may commence at any time up to 2 years
from the date of birth of the child or the taking of custody of the child.
(d) Paid Parental
Leave
(i) Employees
who have completed at least 40 weeks continuous service prior to the
commencement of parental leave are entitled to be paid at their ordinary rate of
pay for:
(A) One week on
full pay, or
(B) Two weeks on
half pay.
(ii) The period of
paid leave does not extend the current entitlement of up to 12 months leave,
but is part of it.
30.5 Annual and
extended leave during maternity, adoption or parental leave
An Employee may elect to take available annual leave or
extended leave within the period of maternity, adoption or parental leave
provided this does not extend the total period of such leave.
30.6 Subsequent
maternity or adoption leave - pay rate
An Employee who commences a subsequent period of
maternity or adoption leave for another child within 24 months of commencing an
initial period of maternity or adoption leave will be paid:
(a) at the rate
(full time or part time) 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
Employee 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 Employee has not reduced their hours.
30.7 Alternative
Duties
(a) If, for any
reason, a pregnant Employee is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child, the
Employer, should, in consultation with the Employee, take all reasonable
measures to arrange for safer alternative duties. This may include, but is not
limited to greater flexibility in when and where duties are carried out, a
temporary change in duties, retraining, multi-skilling, teleworking and job
redesign.
(b) If such
adjustments cannot reasonably be made, the Employee may elect, or the Employer
may require the Employee to commence Maternity Leave, or to access any
available leave, for as long as it is necessary to avoid exposure to that risk,
as certified by a medical practitioner, or until the child is born, whichever
is the earlier.
30.8 Communication
during Maternity, Adoption and Parental Leave
(a) Where
Employees are on maternity, adoption or parental leave and RMS makes a definite
decision to introduce significant change at the workplace, RMS will 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; and
(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 held before commencing maternity, adoption or parental leave.
(b) Employees must
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) Employees must
notify RMS of changes of address or other contact details which might affect
RMS’ capacity to comply with subclause 30.8(a) above.
30.9 Right to Request
(a) An Employee
who has taken leave in accordance with subclauses 30.2, 30.3 or 30.4 may make a
request to the Employer to:
(i) take leave part-time over a period not exceeding two years,
or partly full-time and partly part-time over a proportionate period of up to
two years;
(ii) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months (on a full time basis);
(iii) return from a
period of full time parental leave on a part time basis until the child reaches
school age (Note: returning to work from parental leave on a part time basis
includes the option of returning to work on part time leave without pay);
(iv) have part-time hours structured in a way to enable carer
responsibilities to be fulfilled.
to assist the Employee in
reconciling work and parental responsibilities.
(b) The Employer
shall consider a request under subclause 30.9(a)(ii) and (iii) above 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 the Employer's business.
Such grounds might include cost, lack of adequate replacement staff, loss of
efficiency and the impact on customer service.
30.10 Return to Work
(a) An Employee
has the right to her/his former position if she/he has taken leave in
accordance with subclauses 30.2, 30.3, 30.4 or 30.9(a) and she/he resumes duty
immediately after the approved leave or work on a part time basis,
(b) If the
position occupied by the Employee immediately prior to the taking of leave in
accordance with subclauses 30.2, 30.3, 30.4 or 30.9(a) has ceased to exist, but
there are other positions available that the Employee is qualified for and is
capable of performing, the Employee shall be appointed to a position for which
they are qualified subject to availability.
30.11 The Employer shall
not fail to re-engage a regular casual Employee (see section 53(2) of the Industrial Relations Act 1996) because:
(a) the Employee or the spouse is pregnant, or
(b) the Employee is or has been immediately absent on maternity
leave or adoption leave.
Provided the rights of the Employer in relation to
engagement or re-engagement of casual Employees are not affected, other than in
accordance with this clause.
31. Lactation Breaks
31.1 A lactation
break is provided to lactating mothers for the purposes of breastfeeding,
expressing milk or other activity necessary to the act of breastfeeding or
expressing milk and is in addition to any other rest period and meal break as
provided in this Award.
31.2 A full time
Employee or a part time Employee working more than 4 hours per day is entitled
to a maximum of two paid lactation breaks of up to 30 minutes each per day.
31.3 A part time
Employee working 4 hours or less per day is entitled to only one paid lactation
break of up to 30 minutes on any day so worked.
31.4 A flexible
approach to the timing and general management of lactation breaks must be taken
by the Employee and their manager provided the total lactation break time
entitlement is not exceeded. When giving consideration to any such requests for
flexibility, a manager needs to balance the operational requirements of the
organisation with the lactating needs of the Employee.
31.5 The RMS will
provide access to a suitable, private space with comfortable seating for the
purpose of breastfeeding or expressing milk. Other suitable facilities, such as
refrigeration and a sink, will be provided where practicable.
31.6 Where it is not
practicable to provide the appropriate space or facilities, discussions between
the manager and the Employee will take place to attempt to identify reasonable
alternative arrangements for the Employee’s lactating needs.
31.7 The manager and
Employee may be guided by the following considerations in determining the
reasonableness and practicality of any proposed alternate arrangement:
(a) whether the Employee is required to work at a site that is
not operated or controlled by the RMS;
(b) whether the Employee is regularly required to travel in the
course of performing their duties;
(c) whether the Employee performs field-based work where access
to the facilities in subclause 31.5 are not available or cannot reasonably be
made available; and
(d) the effect that the arrangements will have on the Employee's
lactating needs.
31.8 Employees
experiencing difficulties in effecting the transition from home-based breast
feeding to the workplace will have reasonable telephone access to a free
breastfeeding consultative service, such as that provided by the Australian
Breastfeeding Association's Breastfeeding Helpline Service or the Public Health
System. Access to the service:
(a) shall be granted during paid time;
(b) is
limited to a reasonable period of time (i.e. if the Employee requires extended
periods of consultation, the Employee may utilise the provisions of subclause
31.9), and
(c) must be at a time that is mutually convenient to both the
Employee and the RMS.
31.9 Employees
needing to leave the workplace during time normally required for duty to seek
support or treatment in relation to breast feeding and the transition to the
workplace may utilise sick leave in accordance with clause 27 (Sick Leave) of
this Award, or TIL, or access the flexible working hours scheme provided in
clause 22 (Hours of Work) of this Award, where applicable.
32. Extended Leave
32.1 General
(a) Subject to
this clause, extended leave for Employees will accrue and be granted in
accordance with section 68HA of the Transport
Administration Act 1988, together with Schedule 1 of the Government Sector
Employment Regulation 2014 as in force from time to time.
(b) Extended leave
must be applied for and approved in advance. Extended leave is granted subject
to operational and other business requirements. Subject to the Employer’s
approval, extended leave may be taken at a time convenient to the Employer for
a minimum period of one hour at full pay, half pay or double pay.
32.2 Extended Leave
Entitlements
(a) An Employee
who has completed 10 years of continuous service with the Employer is entitled
to extended 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.
(b) For each
additional calendar year of service completed in excess of 10 years, Employees
accrue 11 working days extended leave.
(c) Employees who
have completed at least 7 years of continuous service with the Employer, or as
recognised in accordance with Schedule 1 of the Government Sector Employment
Regulation 2014, are entitled to access the extended leave accrual indicated in
subclause (a) above on a pro rata basis of 4.4 working days per completed year
of service.
(d) Employees
who are employed part-time, or as a casual with a regular and consistent
pattern of employment with the Employer, are entitled to extended leave
on the same basis as that applying to a full-time Employee but payment for the
leave is calculated as set out in subclause 32.3(b).
(e) All previous
full-time and part-time service with RMS, the former RTA, the former Department
of Main Roads, Department of Motor Transport or the Traffic Agency, and
Maritime Authority of NSW and its predecessor organisations, in accordance with
the Government Sector Employment Act
2013 (NSW) is to be taken into account as service when determining the
appropriate rate of accrual of extended leave for Employees employed on a
full-time or part-time basis with the RMS.
(f) Permanent
service with other NSW government bodies will also be recognised by RMS in
accordance with the Government Sector
Employment Act 2013 (NSW). Extended Leave may also be transferred from
Commonwealth and interstate government agencies in accordance with Schedule 2
of the Government Sector Employment Regulation 2014.
(g) Nothing in
subclauses (e) or (f) of this subclause entitles an Employee to payment for
previous service recognised where the accrual for that service has previously
been taken as leave or paid out on termination.
32.3 Payment of
Extended Leave
(a) If an
Employee’s ordinary hours of work are constant, payment is made at the current
rate of pay.
(b) Where an
Employee is part-time or casual and the Employee’s 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.
(c) Payment
includes all allowances in the nature of salary but does not include any
amounts normally paid for shift work, overtime or penalty rates.
(d) Payments will
be increased to reflect any increment action an Employee becomes eligible for
while absent on extended leave.
(e) An Employee
who takes extended leave may choose to be paid fortnightly or in one lump sum
in advance of taking the leave.
32.4 Sick leave while
on Extended Leave
(a) An Employee is
only entitled to claim sick leave that occurs during an absence on extended leave
when sick for five or more consecutive working days.
(b) To claim sick
leave, an Employee must provide a medical certificate for the period claimed as
soon as possible.
(c) If sick leave
is approved, the extended leave balance is accredited 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
extended leave entitlement accessed to make up the double pay allowance, if
taking leave on a double pay basis.
(d) If extended
leave is taken at double pay, the Employer will recoup any allowance already
paid for the period being claimed as sick leave.
(e) These sick
leave provisions apply if an Employee takes extended leave prior to retirement
but not extended leave prior to resignation or termination of services.
32.5 Public Holidays
while on Extended Leave
(a) The days set
out in clause 40 (Public Holidays), of this Award that fall while an Employee
is absent on extended leave are not recognised as extended leave and are not
deducted from the Employee’s extended leave balance.
(b) Payment due
for the days set out in clause 40 (Public Holidays) is calculated on the
Employee’s ordinary hours of work and paid at single time, even if the Employee
has chosen to take extended leave at half-pay or double pay.
32.6 Effect of
Approved LWOP on Extended Leave Entitlements
(a) For Employees
who have completed 10 years continuous service (inclusive of service recognised
in accordance with subclauses 31.2(e) and (f)), any period of approved leave
without pay not exceeding 6 months counts for the purpose of calculating length
of service.
(b) Where a
Salaried Employee or a Professional Engineer has completed 10 years continuous
service (inclusive of service recognised in accordance with subclauses 32.2(e)
and (f)), approved LWOP for the reasons listed below counts as service for
extended leave accrual:
(i) military service (e.g. Army, Navy or Air Force);
(ii) major interruptions to public transport; and
(iii) periods on leave accepted as workers compensation leave.
32.7 Payment of
Extended Leave on Termination
(a) An Employee,
who is entitled to extended leave on termination of service, including
retirement, is paid the monetary value of the leave as a gratuity, in lieu of
taking the leave.
(b) If an Employee
is employed on a full-time basis, payment is calculated at the substantive rate
of pay on the last day of service.
(c) If an Employee
is employed on a part-time or casual basis, payment is calculated as per subclause
32.3(b).
(d) Employees who
have at least five years’ service but less than seven years’ service (inclusive
of service recognised in accordance with subclause 32.2(e) and (f)) are paid a
pro-rata of the extended leave entitlement if employment is terminated:
(i) by the Employer for any reason other than serious and
intentional misconduct;
(ii) by the Employee in writing on account of illness, incapacity
or domestic or other pressing necessity; or
(iii) on retirement for Salaried Employees and Professional
Engineers only.
(e) In the event
of subclause 32.7(d) applying, any period of leave without pay taken does not
count as service.
33. Special Leave
33.1 Employees will
be granted special leave where they make an application and meet the requirements
specified in this clause. Payment for special leave is at the ordinary rate of
pay, exclusive of allowances, penalty rates or overtime.
(a) Jury Duty
(i) An
Employee shall, as soon as possible, notify the Employer of the details of any
jury summons served on the Employee.
(ii) An Employee
who, during any period when required to be on duty, attends a court in answer
to a jury summons will continue to be paid their ordinary rate of pay. This
payment will be reimbursed to the Employer if upon return to duty after
discharge from jury service, an Employee does not furnish to the Employer a
certificate of attendance issued by the Sheriff or by the Registrar of the
court giving particulars of attendance by the Employee during any such period
and the details of any payment or payments made to the Employee under the Jury Act 1977 in respect of any such
period.
(iii) An Employee
must on receipt of any payment or payments made to the Employee under the Jury Act 1977 in respect of the period
of jury duty (except for out of pocket expenses) pay that amount to the
Employer.
(b) Witness at
Court - Official Capacity - When an Employee is subpoenaed or called as a
witness in an official capacity, the Employee shall be
regarded as being on duty. Salary and any expenses properly and reasonably
incurred by the Employee in connection with the Employee's appearance at court
as a witness in an official capacity shall be paid by the Employer.
(c) Witness
at Court - Crown Witness
(i) An
Employee who is subpoenaed or called as a witness by the Crown (Commonwealth or
State) will be granted special leave for the time they attend Court, provided
the Employee provides proof of allowable fees and out of pocket expenses
associated with the court attendance when submitting their leave application.
If the Employee chooses to retain the fees paid, leave such as LWOP, flex leave
or annual leave must be taken.
(ii) An Employee
subpoenaed or called as a witness in a private capacity other than by the Crown
(Commonwealth or State) is not eligible for special leave and must apply for
other forms of leave such as LWOP, flex leave or annual leave.
(d) NAIDOC Week -
Aboriginal and Torres Strait Islander Employees shall be granted up to one day
special leave per year to observe National Aboriginal and Islander Day of
Commemoration celebrations. Leave can be taken at any time during NAIDOC week,
or in the weeks leading up to and after NAIDOC week, provided the Employee
provides their supervisor with reasonable notice.
(e) Special Leave -
Citizenship - Employees are granted Special Leave including travelling time to
attend their Australian Citizenship Ceremony.
(f) Domestic
Violence - When the leave entitlements referred to in clause 38 (Leave for
Matters Arising from Domestic Violence) have been exhausted, the Employer shall
grant up to five days per calendar year to be used for absences from the
workplace to attend to matters arising from Domestic Violence situations.
Documentation proving the occurrence of domestic violence is required and may
be issued by the Police Force, a Court, a Doctor, a Domestic Violence Support
Service or Lawyer.
(g) Blood Donation
- Special leave, including travelling time, is granted to Employees who do not
require a relief, to donate blood. Employees are expected to attend the
donation point nearest to their work location.
(h) Bone Marrow -
Employees who are listed in the Australian Bone Marrow Donor Registry and are
called on to donate are granted up to 5 days Special Leave per occasion to
donate bone marrow, subject to the production of a medical certificate from a
registered medical practitioner.
(i) Electoral
Returning Officer - Employees appointed as Returning Officers by the State
Electoral Office and who provide proof of such appointment, are eligible for:
(i) up to 4 weeks Special Leave before the
polling day or date of writ, and up to 3 weeks after polling day if required by
the Electoral Commissioner;
(ii) 1 day of
Special Leave to attend a returning officer's election seminar;
(iii) up to 3 days Special Leave to attend an election training
course.
(j) Sport -
Employees are eligible for Special Leave of up to 4 weeks to compete in or
officiate at National Titles, the Olympic, Paralympic or Commonwealth Games.
(k) Retirement
Seminar - Employees approaching retirement are entitled to 2 days Special Leave
to attend retirement planning seminars conducted by the State Authorities
Superannuation Board.
(l) Emergency
Services
(i) Employees
may be granted leave to attend emergencies declared in accordance with the
relevant legislation or announced by the Governor. Employees must notify their
managers of the request for State Emergency leave as soon as possible supported
by evidence in writing of the emergency.
(ii) For any other
emergency other than a declared emergency, Employees are entitled to a maximum
of 5 days Special Leave per year. Proof of attendance at the emergency is
required.
(iii) Where an
Employee is required to attend a course approved by the Rural Fire Service, the
Employee will be granted up to 10 days Special Leave per year, subject to
operational convenience. Proof of course attendance is required.
(iv) Where
an Employee is required to attend a course required by the State Emergency
Services (SES), the Employee will be granted Special Leave for the duration of
the course, provided the SES advises the Employer that the staff member is
required to attend.
(v) Employees are
entitled to take an additional 1 day of Special Leave for rest per incident
when they attend a declared emergency for several days as an SES or RFS
volunteer.
(vi) Employees
who are Police volunteers are eligible for Special Leave to attend up to 2
training programs per year - 3 days per program. Leave is inclusive of all
travel time and attendance per program at Goulburn Police Academy.
(m) Participation in
graduation ceremonies, and attending professional or learned societies’
conferences, etc.
(n) Ex-Armed
Services Personnel for attending RSL Conference and Congress or to attend the
Hospital Medical Review Board, etc.
(o) Duties
associated with holding official office in Local Government.
34. Examination and
Study Leave
34.1 Employees may be
granted leave to undertake study and enable them to attend examinations. The
terms and conditions on which study leave and examination leave may be granted
are set out in the RMS Study and Exam Leave Procedure, as amended from time to
time.
35. Military Leave
35.1 During the
period of 12 months commencing on 1 July each year, the Employer shall grant an
Employee who is a member of the Australian Defence Forces, military leave at
the ordinary rate of pay to undertake compulsory training education,
instruction or parades.
35.2 Up to 24 working
days military leave per financial year shall be granted by the Employer to
members of the Naval and Military Reserves and up to 28 working days per
financial year to members of the Air Force Reserve for the activities specified
in subclause 35.1 of this clause.
35.3 Employees must
provide evidence to the Employer from the commanding or responsible officer:
(a) before the event, certifying that the Employee is a member
of the defence force and outlining that their attendance at the event is
necessary; and also
(b) after the event, certifying the dates on which the Employee
attends the event.
35.4 Unused military
leave does not accumulate.
35.5 Employees may
apply for up to one day special leave to undertake medical examinations and
tests for acceptance as a member of the Australian Defence Forces.
35.6 Employees may
apply for special leave for the minimum time necessary to travel to and/or from
annual camp provided that:
(a) the travel is undertaken during a time when the Employee
would normally be at work and
(b) the Employee receives no pay from the Australian Defence
Forces for the period granted as special leave.
36. Purchased Leave
36.1 Salaried
Employees and Professional Engineers may apply to enter into a Purchased Leave
Agreement with the Employer to purchase either 10 days (2 weeks), 15 days (3
weeks) or 20 days (4 weeks) additional leave in a 12 month period. Maritime
Employees may apply to enter into a Purchased Leave Agreement with the Employer
to purchase either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a
12 month period.
36.2 Each application
will be considered subject to operational requirements and personal needs and
will take into account business needs and work demands.
36.3 The leave must
be taken in the 12 month period specified in the Purchased Leave Agreement and
will not attract any leave loading.
36.4 The leave will
count as service for all purposes.
36.5 The purchased
leave will be funded through the reduction in the Employee's ordinary rate of
pay for the 12 month period of the Purchased Leave Agreement.
36.6 The reduced rate
of pay for the period of the Purchased Leave Agreement (purchased leave rate of
pay) will be the Employee's ordinary annual salary rate less the number of
weeks of purchased leave multiplied by the Employee's ordinary weekly rate of
pay, annualised at a pro rata rate over the 12 month period.
36.7 Purchased leave
is subject to the following provisions:
(a) The purchased
leave cannot be accrued and the dollar value of unused leave will be refunded
where it has not been taken in the 12 month Purchased Leave Agreement period.
(b) All other
leave taken during the 12 month Purchased Leave Agreement period i.e. including
sick leave, annual leave, extended leave or leave in lieu, will be paid at the
purchased leave rate of pay.
(c) Sick leave
cannot be taken during a time when purchased leave is being taken.
(d) The purchased
leave rate of pay will be the salary for all purposes including superannuation
and shift loadings.
(e) Overtime and
salary related allowances not paid during periods of annual leave will be
calculated using the Employee's hourly rate based on the ordinary rate of pay.
(f) A higher
duties payment will not be paid when purchased leave is being taken.
36.8 Specific
conditions governing purchased leave may be amended from time to time by the
Chief Executive in consultation with the Union parties.
37. Observance of
Essential Religious and Cultural Obligations
37.1 Provided
adequate notice as to the need for the leave is given by the Employee to the
Employer and it is operationally convenient to release the Employee from duty,
an Employee of:
(a) any religious faith who seeks leave for the purpose of
observing essential religious obligations of that faith; or
(b) any ethnic or cultural background who seeks leave for the
purpose of observing any essential cultural obligations,
will be granted
annual/extended leave, flex leave or LWOP to observe such obligations.
38. Leave for Matters
Arising from Domestic Violence
38.1 Leave
entitlements provided for in clauses 27 (Sick Leave), 28 (Carer's Leave) and 29
(Family and Community Service Leave), may be used by Employees experiencing
Domestic Violence.
38.2 Where the leave
entitlements referred to in subclause 38.1 above are exhausted, the Employer
shall grant up to 5 days Special Leave per calendar year to be used for
absences from the workplace to attend to matters arising from domestic violence
situations.
38.3 The Employer
will need to be satisfied, on reasonable grounds, that
Domestic Violence has occurred and leave is required. The Employer may require
proof presented in the form of an agreed document issued by the Police Force, a
Court, a Doctor, a Domestic Violence Support Service or Lawyer.
38.4 Personal
information concerning Domestic Violence will be kept confidential by the Employer.
38.5 The Employer,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements, including changes to working time and changes to work
location, telephone number and email address.
39. Leave Without Pay
39.1 This clause
applies to Salaried Employees and Maritime Employees. Professional Engineers
are covered by clause 60.
39.2 An Employee
wishing to take a period of leave without pay shall make application to the
Employer specifying the reasons for such leave and the period of leave
proposed.
39.3 Each application
for leave without pay shall be considered by the relevant delegated manager on
its merits, taking into account the wishes of the Employee and the requirements
of the business unit. Leave without pay shall only be granted if business needs
can be accommodated during the period of leave proposed.
39.4 RMS’ Leave Without Pay Procedure outlines the entitlement, arrangements
and effect of such leave.
40. Public Holidays
40.1 Subject to
subclause 40.2, Employees are entitled, without loss of pay, to the following
standard public holidays:
(a) New Year’s
Day;
(b) Australia Day;
(c) Good Friday;
(d) Easter
Saturday;
(e) Easter Sunday;
(f) Easter Monday;
(g) Anzac Day;
(h) Sovereign’s
Birthday;
(i) Labour
Day;
(j) Christmas
Day;
(k) Boxing Day;
(l) an additional day between Boxing Day and New Year's Day
(public service holiday),
and such other Local Public Holiday, public holiday/s
or substitute day as ordered by the government from time to time up to a
maximum of two gazetted local public holidays (or four half days) and provided
the Employee works in the local area on the working day before and after a
Local Public Holiday.
40.2 Employees are
only entitled to be paid public holidays for the days on which they would
ordinarily work, but for the holiday occurring.
40.3 Professional
Engineers required to work on a Local Holiday or the
Public Service Holiday are entitled to either time off in lieu as set out in
subclause 24.5 or paid as per subclause 40.5 below.
40.4 Salaried
Employees who have been granted leave without pay covering a total period of
absence from duty of not more than two weeks, may be granted payment for public
holidays occurring during such absence provided that such public holiday falls
on days which would normally be working days.
40.5 Subject to
subclause 40.6, Salaried Employees and Professional Engineers (including casual
Employees) directed to work on a public holiday will be paid at the rate of
double time and a half for the time worked.
40.6 Salaried
Employees engaged on continuous work that is required to be carried out on a
public holiday shall be paid for such work at the rate of double time.
40.7 BSOs of the
Maritime Division in receipt of an annualised salary who are required to work
on a public holiday are entitled to receive TIL for each hour worked.
PART B - SPECIFIC PROVISIONS
SECTION 6 - SPECIFIC PROVISIONS FOR SALARIED EMPLOYEES
41. Compliance
Operations Inspectors (COIs) and Compliance Operations Managers
41.1 The provisions
of this subclause 41.1 to 41.6 apply only to Employees employed in the
classification of COI.
41.2 The ordinary
hours of duty are 35 hours per week over five days.
41.3 Shift Work
(a) COIs are
employed to perform Shift Work.
(b) The ordinary
hours for day, afternoon and night shifts shall not exceed those worked daily
or weekly by other Employees working normal hours Monday to Friday inclusive.
(c) Day shift
means those shifts where the ordinary hours of work are worked between 6.00am
and 6.00pm.
(d) Afternoon
shift means those shifts where the ordinary hours of work commence at or after
noon and before 4.00pm.
(e) Night shift
means those shifts where the ordinary hours of work commence at or after 4.00pm
and before 6.00am.
(f) Payment for
day shift shall be at the ordinary rate of pay.
(g) Payment for
afternoon shift shall be at the ordinary rate of pay plus 12 ½ %.
(h) Payment for
night shift shall be at the ordinary rate of pay plus 15%.
(i) Payment
for all ordinary time worked on a Saturday shall be paid for at the rate of
time and one half of the ordinary rate of pay.
(j) Payment for
all ordinary time worked on a Sunday shall be paid for at the rate of double
time of the ordinary rate of pay.
(k) Payment for
all ordinary time worked on a Public Holiday shall be paid for at the rate of
double time and one-half of the ordinary rate of pay.
(l) Those COIs
employed on continuous shift work shall be credited with an additional 5 days
annual leave per annum. This leave shall accrue at the rate of 5/12th of a day
for each complete month that the COI so works.
41.4 Shift Work
Rosters
(a) To provide
flexibility in working arrangements, site specific shift work rosters may be
agreed between management and COIs who are to work the
site specific shift work roster. Site
specific shift work rosters will be formalised in writing prior to
implementation.
(b) Where notice
is given of a change in shift with less than seven days’ notice, any shift so
worked shall be paid at the rate of the previously rostered shift if it is
greater.
41.5 Meal Breaks
(a) No COI shall
be required to work more than five consecutive hours without a meal break.
(b) COIs working
day, afternoon and night shift are entitled to a lunch break of not less than
30 minutes in the COIs time. COIs taking an unpaid lunch break on an
afternoon or night shift only are entitled to be paid the applicable shift
loading for the lunch break (i.e. 12 ½ % or 15% of the ordinary rate of pay for
the duration of the lunch break).
(c) Where required
by the Employer, and in lieu of a lunch break, the COI is to take a 20 minute
crib break.
41.6 Banktime Arrangements
(a) COIs shall
work an additional 22 minutes per day on 19 days in each four week work cycle to
allow for the accumulated time to be taken off during the next four week cycle.
(b) Subject to
subclause 41.6(a) directly above, one accrued day off may be taken in each four
week work cycle.
(c) The Accrued
Day Off will be observed between Monday to Friday
(inclusive), normally on the day shift, to suit the needs of the Employer. The
day off will coincide with the COI’s preference where possible.
(d) Where a COI
works on the Accrued Day Off, the COI may elect, where practicable, to have
another day off in substitution thereof before the end of the succeeding work
cycle. Provided that in such case the accrued entitlements
are transferred to the substituted day off.
(e) COIs absent
from duty on any type of approved leave (sick, annual, leave without pay etc) other than a public holiday will be credited with
seven hours in respect of each day absent from duty.
(f) In order to
qualify for the ‘banktime’ entitlement of one day for
the work cycle, COIs may, subject to approval make up
any time by taking annual leave or leave without pay (1/4 day minimum).
41.7 The provisions
of this subclause 41.7 to 41.8 apply only to Employees employed in the
classification of Compliance Operations Managers.
41.8 Shift Work
(a) Compliance
Operations Managers may be required to perform Shift Work.
(b) Afternoon
shift means those shifts where the ordinary hours of work commence at or after
noon and before 4.00pm.
(e) Night shift
means those shifts where the ordinary hours of work commence at or after 4.00pm
and before 6.00am.
(f) Payment for
afternoon shift shall be at the ordinary rate of pay plus 12 ½ %.
(h) Payment for
night shift shall be at the ordinary rate of pay plus 15%.
(i) Payment
for all ordinary time worked on a Saturday shall be paid for at the rate of time
and one half of the ordinary rate of pay.
(j) Payment for
all ordinary time worked on a Sunday shall be paid for at the rate of double
time of the ordinary rate of pay.
(k) Payment for
all ordinary time worked on a Public Holiday shall be paid for at the rate of
double time and one-half of the ordinary rate of pay.
(l) Compliance
Operations Managers taking an unpaid lunch break on an afternoon or night shift
only are entitled to be paid the applicable shift loading for the lunch break
(i.e. 12 ½ % or 15% of the ordinary rate of pay for the duration of the lunch
break).
42. Hours of Work and
Additional Conditions for Motor Registry and Telephone Customer Service Centre
Employees
42.1 Hours of Work
(a) Spread of
Hours
The ordinary hours of work shall be within the spread
of hours as follows:
Monday to Friday
|
7.50am to 5.20pm
|
Saturday
|
8.20am to 4.20pm
|
No Employee shall be required to work more than five
consecutive hours without a meal break. A meal break shall be for a minimum of
30 minutes duration.
42.2 Change of Hours
within Spread of Hours
(a) Any change to
the trading hours of a Motor Registry or Telephone Customer Service Centre
within the spread of hours as set out in subclause 42.1, shall be subject to
the following consultative process:
(i) the Employer shall notify the PSA in writing of any change
to trading hours at least six weeks in advance of the date on which the change
is proposed to take place;
(ii) the PSA shall be given two weeks in which to provide any
written comments on the proposed change;
(iii) following consideration of any comments received, the
Employer will notify the PSA in writing of the full details of its decision
including the reasons for making such decision.
42.3 Standard Hours
of Work
(a) Full Time Employees
(i) The
ordinary hours of work shall be 70 hours over a two week roster cycle.
(ii) Full Time
Employees in a Motor Registry or Telephone Customer Service Centre which trades
on Saturdays, that are rostered to work one Saturday in two, shall work nine
days during the two week roster cycle. Provided that Full Time Employees will,
with the agreement of the Employer, be able to work ten days including
Saturdays during the cycle.
(iii) Subject to
subclause 42.4, Rosters, any other change to the days worked or the span of
hours will be by agreement between the Employer and the Employee.
(iv) The
minimum hours to be worked by Full Time Employees on a Saturday shall be four.
(b) Part time Employees
(i) The
minimum ordinary hours of work to be worked by Part Time Employees shall be 15
hours per week.
(ii) The minimum
ordinary hours to be worked by Part Time Employees shall be three.
(iii) Part Time
Employees shall not be required to work more than five consecutive days in any
fortnight roster cycle.
(iv) Part
Time Employees shall not be required to work more than one Saturday in
two except by mutual agreement.
(v) Notwithstanding
the days specified, Part Time Employees may be required by the Employer to work
on Saturdays. In such case the specified days and/or hours on the specified
days will be reduced accordingly to retain the specified hours as a minimum.
(vi) Subject
to subclause 42.4, Rosters,
any other change to the days worked or the span of hours will be by agreement
between the Employer and the Employee. The Employee can require up to three
months between the agreement to change the specified span of hours or days and
the implementation of the change.
42.4 Rosters
(a) Rosters will
be based on fortnightly periods and published monthly in advance. Rosters will
be posted in a position accessible to Employees.
(b) In the event
of an emergency (for example, fire, flood, major
transport disruption) the hours of work and/or the rostered starting and
finishing times on any one day may be changed. Shortages and/or vacancies due
to rostering are not an emergency for the purposes of this subclause.
(c) Where less
than seven days notice is given by the Employer of a
change to a roster by deleting or reducing the hours of a rostered day, any
loading applicable to the original roster shall be paid in addition to the
payment applicable to the work performed.
(d) Mutual
exchanges of rostered days between Employees shall be subject to the Employer'
prior agreement.
(e) Where
Employees are rostered in such a fashion that the days on which they are
rostered to work fluctuate from week to week, an Employee rostered off work on
a public holiday being a day on which the Employee usually works shall be paid
by mutual agreement between the Employer and the Employee in one of the
following methods:
(i) payment of an additional day's salary;
(ii) addition of one day to the Employee 's annual holidays;
(iii) an alternate day off with pay within 28 days after the
public holiday falls, or during the week prior to the public holiday.
Provided that for this subclause 42.4 "day"
is the number of hours the Employee would have worked were
the Employee rostered on that day.
(f) The Employer can, on up to three
Saturdays each calendar year, require Employees to attend a training session
after trading hours and within the spread of hours as set out in subclauses
42.1, 42.2 and 42.3. The time spent on training will be adjusted as part of the
Employee’s ordinary hours. The Employee will be rostered off for one equivalent
block of hours during that roster cycle or during either of the next two roster
cycles.
42.5 Loadings for
Certain Ordinary Hours
(a) Payment for
all ordinary hours of duty Monday to Friday shall be at the ordinary salary
rate.
(b) For full-time
and part-time Employees payment for all ordinary hours of duty on Saturday
shall be at the ordinary salary rate plus 50 per cent. For casual Employees the
payment for all ordinary hours of duty on Saturday shall be 1.66 times the
Monday to Friday ordinary hourly rate for the first year of the classification
in which they are employed, except for Registry Services Officers 21 years of
age and over who shall be paid the fourth year of that classification.
(c) Where
part-time Employees work in excess of the rostered hours for a day and within
the spread of ordinary hours of duty as set out in subclause 42.1, Monday to
Friday, payment for time worked in excess of the rostered hours shall be made
at the ordinary hourly rate.
(d) Where
part-time Employees are required to work in excess of the rostered hours on a
Saturday - but within the spread of ordinary hours of duty for Saturday, as set
out in subclause 42.1 of this clause, a loading of 50% as prescribed in
subclause 42.5(b) shall apply.
42.6 Overtime
(a) Full-time Employees
shall be paid overtime for all time worked:
(i) outside the spread of ordinary hours of duty as set out in
subclause 42.1.
(ii) before or after the daily ordinary hours of duty set out in
the roster described in the provisions of Part C - Rosters of this clause and
worked within the spread of hours of duty set out in subclause 42.1.
(b) Part-time
Employees and casual Employees shall be paid overtime for all time worked:
(i) outside the spread of ordinary hours of duty as set out in
subclause 42.1.
(ii) in excess of 35 hours per week.
(c) Where
Employees are rostered on six consecutive days, work within the spread of
ordinary hours of duty on the sixth day shall be paid at the overtime rate, and
does not include loading in accordance with subclause 42.5.
43. Hours of Work and
Additional Conditions for Drives Help Desk Employees
43.1 Spread of Hours
The ordinary hours of duty shall be within the spread
of hours:
Monday to Friday
|
7.50am to 5.20pm
|
Saturday
|
8.20am to 4.20pm
|
No Employee shall be required to work more than five
consecutive hours without a meal break. A meal break shall be for a minimum of
30 minutes duration.
43.2 Change of Hours
within the Spread of Hours
Any change to the trading hours of the DRIVES Help Desk
within the spread of hours shall be subject to the following consultative
process:
(a) The Employer
shall notify the PSA in writing of any change to trading hours at least six
weeks in advance of the date on which the change is proposed to take place.
(b) The PSA shall be
given two weeks in which to provide any written comments on the proposed
change.
(c) Following
consideration of any comments received, the Employer shall notify the PSA in
writing of the full details of its decision including the reasons for making
such decisions.
43.3 Standard Hours
of Work
The ordinary hours of duty for full time Employees
shall be 70 hours worked over a two week roster cycle.
(a) Full time
Employees that are rostered to work one Saturday in two shall work nine days
during the two week roster cycle, provided that subject to the Employer’s
agreement, they will be able to work ten days including Saturdays during the
roster cycle.
(b) Full time
Employees shall not be required to work more than five consecutive days during
the roster cycle.
(c) Subject to
subclause 42.4, any other change to the days worked or the span of hours will
be by agreement between the Employer and the Employee.
43.4 Rosters
(a) Rosters will
be based on fortnightly periods and published monthly in advance. Rosters will
be posted in a position accessible to Employees.
(b) In the event
of an emergency the hours of work and/or the rostered start and finishing times
on any one day may be changed.
(c) Where less
than seven days notice is given by the Employer of a
change to a roster by deleting or reducing the hours of a rostered day, any
loading applicable to the original roster shall be paid in addition to the
payment applicable to the work performed.
(d) Mutual
exchanges of rostered shifts between Employees shall be subject to the
Employer’s prior agreement.
(e) Where
Employees are rostered in such a fashion that the days on which they are
rostered fluctuate from week to week, an Employee rostered off work on a public
holiday being a day on which the Employee usually works shall be paid by mutual
agreement between the Employer and the Employee in one of the following
methods:
(i) Payment
of an additional day’s salary;
(ii) Addition of
one day to the Employee’s annual holidays;
(iii) An
alternative day off with pay within 28 days after the public holiday falls, or
during the week prior to the public holiday.
(iv) Provided
that for this clause "day" is the number of hours the Employee
would have worked were the Employee rostered on that day.
44. Hours of Work and
Additional Conditions for Work Support Employees
44.1 Definitions for
the purpose of this clause:
WSO means Work Support Officers employed as members of
the Transport Service in the RMS Group.
Competency means the combination of knowledge, skills
and attributes that are needed for specific job related tasks.
44.2 Hours of Work
(a) The ordinary
hours of duty of WSOs shall be 35 hours per week between 7.00am to 5.30pm on 5
days per week, Monday to Friday inclusive.
(b) A lunch break
shall be taken of not less than 30 minutes in the WSO’s time.
(c) Working hours
(ie a bank up of hours) will be in accordance with
the following provisions:
(i) An
additional 22 minutes per day shall be worked on 19 days each four week work
cycle to allow for the accumulated time off during the next four week cycle.
(ii) Subject to
the provisions of this subclause one accrued day off may be taken in each four
week work cycle. Such accrued day off will be observed between Monday to Friday
(inclusive).
(iii) Where a WSO
works on the accrued day off, the WSO may elect to have another day off in
substitution thereof before the end of the succeeding work cycle. Such election
should be granted where practicable, provided that in such case the accrued
entitlements are transferred to the substituted day off.
(d) WSOs absent
from duty on any type of approved leave or a public holiday will be credited
with 7 hours 22 minutes in respect of each day absent from duty. WSOs absent
from duty on approved leave (sick leave, annual leave etc)
will have 7 hours 22 minutes debited against their leave accrual for each day
absent from duty.
44.3 Progression from
Grade to Grade
(a) WSO positions
will only be created where the range of tasks at the location would eventually
allow the incumbent to progress to Grade 3.
(b) Progression
from grade to grade need not depend upon the availability of an advertised job
vacancy nor is it restricted by the number of WSOs already at a particular
grade. Progression to another grade is totally dependent upon meeting the
progression criteria detailed in the relevant policy/procedure.
(c) Persons at the
time of appointment as a WSO will be assessed to determine the grade at which
they will commence. Once appointed to a grade, a WSO will need to meet the
progression criteria in order to further progress through the grades.
(d) Persons
appointed as a WSO in training will remain at that level until they are
eligible to progress to Grade 1.
44.4 Maintenance of
grade and salary shall be dependent upon WSOs maintaining the required level of
competence in the tasks for which they have been assessed and for which their
grading and salary level has been determined. To ensure the level and currency
of competencies, the WSO will undergo supplementary assessment of their tasks
every two years to demonstrate that they have maintained their skills in those
tasks.
45. Hours of Work for
Traffic Supervisors
45.1 The ordinary
working hours for Traffic Supervisors shall be 38 hours per week and shall be
worked as a 20 day four week cycle with 19 working days of eight hours each in
accordance with rosters, with 0.4 of one hour each day worked accruing as an
entitlement to take, in each cycle, an accrued day off.
45.2 The accrued day
off is subject to managerial prerogative to best suit the working needs of the
organisation, provided that the accrued day off is to be taken between Monday
and Friday (inclusive) during the day shift.
45.3 The ordinary
hours of work shall not exceed 8 per day to be worked in a maximum of 10 shifts
per fortnight, provided that not more than 6 consecutive shifts shall be worked
in eight consecutive days. A shift may be worked on any day of the week,
including Sunday, during any period of 24 hours. The times between which the
ordinary hours may be worked may be altered by agreement between the Employer
and the PSA.
45.4 Where the agreed
accrued day off prescribed by subclause 45.1 falls on a public holiday the next
working day on which the Employee is normally rostered for duty shall be taken
in lieu of the accrued day off, unless an alternative day in that four-week
cycle or the next four-week cycle is agreed between RMS or its representative
and the Employee.
45.5 Each day of paid
sick or annual leave taken and any public holidays occurring during any cycle
of four weeks shall be regarded as a day worked for accrual purposes.
45.6 Where an
Employee is ill or incapacitated on the accrued day off, the Employee shall not
be entitled to payment of sick leave on that day nor shall the Employee’s sick
leave entitlement be reduced as a result of such illness or incapacity.
45.7 An Employee who
has not worked, or is not regarded by reason of subclause 45.3 as having worked
a complete four week cycle, shall receive pro rata accrued entitlements for
each day worked (or each fraction of a day worked) or regarded as having been
worked in such cycle, on the accrued day off, or in the case of termination of
employment, on termination.
45.8 Where agreement
is reached between RMS or its representative and an Employee, that Employee may
accumulate up to a maximum of four accrued days off before they are taken as
days off and, when taken, those days shall be regarded as days worked for
accrual purposes. When such agreement
has been reached under the terms of this paragraph, an Employee is not entitled
to be paid at the rate as specified in subclause 45.9.
45.9 Subject to
subclause 45.7, the accrued day off prescribed in subclauses 45.1 and 45.2
shall be taken as a day off provided that the day may be worked where it is
required by the Employer. Where the Employee is required to work on their
accrued day off, the Employee shall be paid at the rate of time and a half for
the first two hours and double time thereafter.
45.10 Where an Employee
works on the accrued day off, the Employee may elect to have another day off in
substitution before the end of the succeeding work cycle, provided that such
day off is subject to management prerogative to best suit the working needs of
the Employer and that in such cases the accrued entitlements are transferred to
the substituted day off.
45.11 The provisions
contained in subclauses 45.1 to 45.7 of this clause shall also apply to shift
workers by substituting the word ‘shift’ for ‘day’ in each cycle.
46. Hours of Work and
Additional Conditions for Manager - Field Operations & Services, Field
Traffic Managers and Traffic Commanders
Manager - Field Operations & Services and Field
Traffic Managers
46.1 Ordinary Hours
of work shall be 35 per week.
46.2 Incident Co-Ordination
Allowance
(a) The incident
co-ordination allowance set out in item 26 of Schedule B - Allowances and
Expenses will be paid to Employees in the positions of Manager - Field
Operations & Services and Field Traffic Managers for all days during the
calendar year, excluding during periods of leave (other than sick leave,
carer’s leave and family and community service leave of 2 consecutive days or
less).
(b) In addition,
Employees in the positions of Manager - Field Operations & Services and
Field Traffic Managers will be entitled to the payment of a disturbance
allowance in accordance with subclause 46.3 in the event the Employee is
contacted outside of normal working hours.
(c) When in
receipt of the incident co-ordination allowance and not in the workplace, the
Employee:
(i) is not required to remain at home, but must be able to be
contacted immediately in the case of emergencies;
(ii) must be able to respond to an emergency within a reasonable
time or within the response time agreed with management;
(iii) must remain in a proper state of fitness to drive a motor
vehicle and perform the required duties; and
(iv) must be available to respond to a call unimpaired by the
effects of alcohol or drugs.
46.3 Disturbance
Allowance
(a) Employees in
the position of Manager - Field Operations & Services and Field Traffic
Managers may be contacted when in receipt of the incident co-ordination
allowance and outside of normal work hours to assist with or co-ordinate a
response to an emergency and/or breakdown without being required to attend the
emergency and/or breakdown. These Employees may be contacted to put into place
emergency arrangements by contacting other Employees, persons or agencies to
attend an incident or providing advice in response to an emergency situation.
(b) The
disturbance allowance is:
(i) paid at a minimum of one hour of the ordinary hours rate;
and
(ii) not paid if the Employee’s salary exceeds the top step of
USS Grade 11 or equivalent.
(c) Where more
than one telephone call is received or made within the hour, only one hourly
payment is paid. However, if the
assistance provided by the Employee extends beyond one hour in duration, the
Employee will be entitled to be paid overtime for the duration of the
assistance provided. Where the Employee
is paid overtime, the Employee is not entitled to the disturbance allowance in
respect of the same occasion.
(d) The
disturbance allowance is payable under the arrangements set out in the RMS
On-Call and Disturbance Allowance Procedure.
(e) Communications
made when not in attendance at the workplace in regard to routine
administrative matters are not considered a disturbance for the purposes of an
emergency and does not warrant payment of a disturbance allowance. Such matters may include:
(i) Where
an employee contacts his/her supervisor or manager regarding an inability to
attend work on any particular day; or
(ii) Where an
employee is contacted to be advised of a business matter that does not require
an immediate response.
Traffic Commanders
46.4 Ordinary Hours
of work shall be 35 per week.
46.5 Payment for
Shift Work
(a) For the
purposes of this clause:
(i) ‘Early
Morning shift’ shall mean those shifts commencing at or after 4.00 am.
(ii) ‘Day Shifts’
shall mean those shifts commencing at or after 6.00 am.
(iii) ‘Afternoon
Shifts’ shall mean those shifts commencing at or after 12 noon.
(b) Payment for
Early Morning Shift shall be at the ordinary rate of pay plus 12.5 per cent.
(c) Payment for
Day Shift shall be at ordinary rate of pay.
(d) Payment for
Afternoon Shift shall be at ordinary rate of pay plus 12.5 per cent.
46.6 Shift Rosters
(a) Traffic
Commanders shall be rostered to work shifts as required.
(b) Wherever
reasonably practicable, notice shall be given at least 7 days in advance of
shifts to be worked.
(c) Traffic
Commanders are entitled to a rest break of at least 8 hours between the
cessation of an ordinary rostered shift and the commencement of the next
rostered shift. Where a Traffic
Commander has not observed a rest break of 8 hours prior to the commencement of
the next ordinary shift, they shall be paid at the rate of double time, or
double time and one half if on a public holiday calculated at the ordinary
salary rate until such time as the Traffic Commander is released from duty for
10 consecutive hours. Any rostered
working time occurring during such absence shall be paid at the shift work rate
in clause 46.5 above.
(d) No employee
shall be required to work more than five consecutive hours without a meal break. In the event a Traffic Commander is directed
to work during a meal break, the meal break will be paid at the overtime rate,
and does not include any applicable shift loading.
(e) An Employee
required to work a shift on a day in which they have been rostered off shall be
paid at overtime rates.
46.7 Incident
Management Allowance
(a) Employees who
are employed in the position of Traffic Commander will be paid an allowance set
out in item 27 of Schedule B - Allowances and Expenses, which takes into account
the following:
(i) The
environment in which the work is to be performed;
(ii) Being
rostered on call 24 weeks per year, during which time the Traffic Commander is
available to respond to unplanned incidents during un-rostered hours (i.e.
between the cessation of the day or afternoon shift and the commencement of the
morning or day shift the following day) on weekdays and 24 hours per day on
weekends and public holidays;
(iii) Being
available to work up to 5 hours per week when rostered on call, as required.
(b) Traffic
Commanders will be able to elect to be paid overtime or to accrue TIL,
calculated on the same basis as overtime, for time spent attending call outs
over and above the 5 hours per week that are compensated for by the allowance. The TIL will be accumulated over a 3 calendar
month period and must be taken within 3 calendar months of its accumulation,
subject to organisational convenience.
If TIL is not taken within 3 calendar months it will be paid at the
overtime rate at which it was accrued after the end of the third month and the
TIL cancelled.
(c) The allowance
will be paid fortnightly. The allowance
is to be counted as ordinary time earnings and is payable for all purposes
including but not limited to:
(i) Leave
payments;
(ii) Loadings and
overtime;
(iii) Payments on
separation;
(iv) Calculating
superannuation guarantee contributions under the relevant superannuation
legislation; and
(v) Determining
benefits payable under any relevant defined benefits superannuation scheme.
(d) Other than as
provided for in this clause, Traffic Commanders will not be entitled to any
additional payments under this Award for time spent attending call outs during
their rostered 24 weeks on call. The entitlements under this clause are in
satisfaction of all relevant Award entitlements for such call outs. For any call out outside the rostered 24
weeks, the Award shall apply.
47. Hours of Work and
Additional Conditions for Operations Managers and Operations Coordinators in
the Regional Traffic Operations Centre
47.1 Hours of Work
(a) Ordinary Hours
The ordinary hours of work shall be 35 per week.
(b) Full Time
Employees
(i) Employees
shall be continuous shift workers.
(ii) Other than
Employees on probation, the ordinary hours of work shall be 140 hours worked
over a 4 week roster cycle. Employees shall be rostered to work shifts of 12
hours 10 minutes, including a 30 minute unpaid meal break and a 20 minute paid
crib break.
(iii) Employees on
probation may be rostered to work shifts of at least 7 hours and 30 minutes and
up to 12 hours and 10 minutes. Until an Employee on probation is rostered for
shifts of 12 hours 10 minutes on a permanent basis, they will be paid for any
hours worked in excess of 7 at overtime rates.
(iv) When rostered
for shifts of 12 hours 10 minutes full time Employees shall not be rostered to
work more than three consecutive days in any seven day period.
(c) Where
Employees are rostered to work shifts of 12 hours 10 minutes:
(i) They
shall be entitled to a rest break of at least 10 hours between the cessation of
an ordinary rostered shift and the commencement of the next rostered shift.
(ii) They shall
not be required to be on duty for more than 14 consecutive hours. After being
on duty for 14 consecutive hours Employees shall be given a rest break of at
least 4 consecutive hours. Where Employees are directed to resume work without
having a rest break of at least 10 consecutive hours, payment shall be at the
rate of double time, or double time and one half if on a public holiday until
they are released from duty for 10 consecutive hours. Any rostered working time
occurring during such absence shall be paid at the shift work rate in clause
47.2.
(iii) Where
Employees have not observed a rest break of at least 10 hours prior to the
commencement of the next ordinary shift, they shall be paid at the rate of
double time, or double time and one half if on a public holiday, calculated at
the ordinary salary rate until such time as Employees are released from duty
for 10 consecutive hours. Any rostered working time occurring during such
absence shall be paid at the shift work rate in clause 47.2.
(d) Part Time
Employees:
(i) A
Part-Time Employee shall be engaged to work agreed contract hours. The pattern
of contract hours to be worked will be agreed in writing and may only be varied
with the consent of the Employer and the Employee.
(ii) For time
worked in excess of the full-time hours of the classification payment shall be
made at the appropriate overtime rate in accordance with clause 47.3.
(e) Meal Breaks
Employees shall not work more than 5 hours from the
commencement of a shift without having a 30 minute unpaid meal
break. Employees rostered on shifts of 12 hours 10 minutes shall after a
further 5 hours of work have a paid crib break of 20 minutes.
47.2 Shiftwork
(a) For the
purposes of this sub clause:
(i) ‘Early
morning shift’ shall mean those shifts commencing at or after 4.00am and before
6.00am.
(ii) ‘Day shift’
shall mean those shifts commencing at or after 6.00am and before 12 noon.
(iii) ‘Afternoon
shift’ shall mean those shifts commencing at or after 12 noon and before
4.00pm.
(iv) ‘Night shift’
shall mean those shifts commencing at or after 4.00pm and before 4.00am.
(b) Payment for
Shift Work
(i) Payment
for day shift shall be at the ordinary rate of pay,
(ii) Payment for
early morning shift (on Monday to Friday) shall be at the ordinary rate of pay
plus 10 per cent,
(iii) Payment for
afternoon shift (on Monday to Friday) shall be at the ordinary rate of pay plus
12 ½ per cent,
(iv) Payment
for night shift (on Monday to Friday) shall be at the ordinary rate of pay plus
15 per cent.
(v) Payment for all
ordinary time worked on a Saturday shall be at the rate of:
(A) time and one
half of the ordinary rate of pay for the first 2 hours and double time
thereafter for each Saturday worked up to 30 June 2017;
(B) time and one half of the ordinary rate of pay for each
Saturday worked on and after 1 July 2017.
(vi) Payment
for all ordinary time worked on a Sunday shall be at the rate of double the
ordinary rate of pay,
(vii) Payment for all
ordinary time worked on a Public Holiday shall be at the rate of double and one
half of the ordinary rate of pay,
(viii) Employees
rostered off on a public holiday shall be credited with a day in lieu for each
such day.
(ix) Employees are
entitled to a 17.5 per cent annual leave loading. Shift workers proceeding on annual leave are
to be paid in respect of leave taken in any period of 12 months commencing 1
December, shift premiums and penalty rates (or other allowance paid on a
regular basis in lieu thereof) they would have received had they been on duty
or the 17.5 per cent annual leave loading, whichever is the more favourable.
(c) Additional
Annual Leave
Full time Employees shall be credited with an
additional 35 hours recreational leave per annum. This leave accrues progressively during a
year of service according to the Employee’s ordinary hours of work.
(d) Shift Rosters
(i) Employees
shall be rostered to work shifts on a rotating basis as required by the
Employer.
(ii) Rosters will
be made available at least 30 calendar days in advance.
(iii) The Employer
will consult with affected Employee(s) regarding a change to a rostered shift.
(iv) Where
notice is given of a change in shift with less than 7 days’ notice any shift so
worked shall be paid at the rate of the previously rostered shift provided it
is greater.
47.3 Overtime
Worked
Payment of overtime shall be made at the following
rates:
(a) All time worked
in excess of 11 hours 40 minutes per shift between midnight Sunday and midnight
Saturday, shall be paid at the rate of time and one half for the first two
hours and double time thereafter. Each period of overtime shall stand alone.
(b) Any overtime
work carried out on Sundays shall be paid for at the rate of double time.
(c) Any overtime
work carried out on a public holiday shall be paid for at the rate of double
time and a half.
(d) An Employee
who works overtime on a rostered day off, Saturday or Sunday or on a public
holiday shall be paid a minimum payment for three hours work at the appropriate
overtime rates.
(e) An Employee
required to work a shift on a day on which they are not rostered and given less
than 24 hours’ notice in advance will be paid one meal allowance in accordance
with Schedule B Item 2 of the Roads and Maritime Services Consolidated Salaried
Award 2016.
47.4 Sick leave
(a) Sick leave on
full pay accrues day by day to an Employee at the rate of 9 days each calendar
year, and any such accrued leave, which is not taken, is cumulative.
(b) During the
first 4 months of employment, an Employee can access up to 3 days paid sick
leave even though that leave has not yet accrued.
SECTION 7 - SPECIFIC PROVISIONS FOR PROFESSIONAL ENGINEERS
48. Shift Work
Definitions
Early morning shift means a shift with ordinary hours
commencing between 4.00am and 6.00am, Monday to Friday.
Day shift means a shift with ordinary hours commencing
between 7.00am and 5.00pm Monday to Friday.
Afternoon shift means a shift with ordinary hours
commencing at or after noon Monday to Friday.
Night shift means a shift commencing at or after 4.00pm
and finishing at or before 4.00am Monday to Friday.
49. Call Out/Call Back
49.1 Professional
Engineers who are called back to work outside their standard hours, or outside
the hours of 7.30 am and 6.00 pm if working under a flexible working hours arrangement:
(a) are paid a minimum of three hours at overtime rates for each
separate call-out, except where:
(i) Employees
are called out on more than one occasion and the first and subsequent call-out
payment periods of three hours overlap. If this occurs, payment is calculated from the
start of the first call-out period until the end of the last call-out provided
that the total period of all overlapping call-out periods exceeds three hours. If the total period of all overlapping
call-out periods is less than three hours, Employees are paid for three hours
at overtime rates;
(ii) Where the
call-out work extends into ordinary hours of work,
overtime is paid up to the normal starting time only.
50. Specialist
Engineers
50.1 Professional
Engineers from any field of professional engineering may gain personal
promotion to any Engineer level up to and including Level 6 Engineer, as
specialist engineers whilst still occupying a position graded at a lower level.
Professional Engineers at Level 6 may receive an allowance, in lieu of a
personal promotion, as specialist engineers whilst still occupying a position
graded as Level 6.
50.2 Progression to a
higher personal Level salary for Professional Engineers must be recommended by
the majority of the Specialist Engineer Accreditation Committee. The
Professional Engineer must submit a case to the committee which indicates that the
Professional Engineer has specific attributes of a significant nature which
would be relevant and beneficial to RMS’ functions.
50.3 Relevant
criteria which would be examined by the committee include:
(a) Holding a
degree at or above the level of Master of Engineering Science or Master of
Science in a relevant specialist or technical area from a recognised Australian
University (or overseas equivalent), not being a Master of Business or Public
Administration; or
(b) Holding a
specialist graduate diploma in a field related to the work of the Professional
Engineer in RMS, not being a graduate diploma in management or a business
administration diploma; or
(c) Having shown
originality or made high level contributions or attained reputation or standing
in the engineer’s specialist field of work.
(d) The Specialist
Engineer Accreditation Committee will consist of a representative of the
Employer, Professionals Australia and a mutually acceptable independent expert
in the specialist field under consideration.
(e) If an Employee
is dissatisfied with the recommendation of the Specialist Engineer
Accreditation Committee, the Employee may appeal to their Director who will
review the decision in conjunction with the General Manager, Human Resources.
51. Recognition of
Professional Engineering Skills
51.1 The importance
of the contribution of Professional Engineers to RMS is recognised by this
Award.
51.2 An Employee with
the qualification of a Professional Engineer working in a position that
requires those skills or qualifications may apply to be recognised as a
Professional Engineer under this Award. Recognition is available in accordance
with the RMS policy on the Recognition of Professional Engineers. Applications
will not be unreasonably refused.
51.3 The Recognition
of Professional Engineers Policy will not be amended without the agreement of
Professionals Australia.
52. Professional
Development
52.1 The Employer and
Professionals Australia will work together to ensure best practice workforce
development that builds and maintains engineering capability at RMS, and in
doing so provides industry leadership for ongoing engineering workforce
development.
52.2 The Employer and
Professionals Australia are committed to identifying future risks and committed
to working together constructively to find solutions.
52.3 The Employer and
Professionals Australia agree that Employees will continue to be provided with
the maximum opportunities for professional development. This should occur as
part of the PDR process. To assist
managers of Professional Engineers in the PDR process, an annual HR Circular
will be produced summarising the opportunities available for Professional
Engineers under the Award, in consultation with Professionals Australia, and
providing examples of appropriate professional development opportunities
available.
52.4 The type of
internal and external courses provided will be determined by consultation
between Professionals Australia and the Employer.
52.5 Professional
development will not be limited to internal and external training courses and
may include Professional Engineers’ exchange programs, secondments (within the
Employer, with the Transport Cluster and/or into the private sector),
shadowing, mentoring, coaching, attendances at conferences, seminars or short
term study courses which have been approved by the Employer and permission
granted for the Employee to attend.
52.6 Where a
Professional Engineer is unable to access professional development over a
period of more than 18 months, due to:
(a) professional development opportunities not being approved in
the PDR;
(b) opportunities approved in the PDR not being provided, and/or
(c) the Professional Engineer not being released to
attend/participate in the identified opportunities, the Professional Engineer
may have their access to professional development opportunities reviewed by the
General Manager Human Resources to ensure compliance with this clause.
53. Professional Engineer
Development Program (PEDP)
53.1 There will be a
mechanism for Professional Engineers to progress from Engineer Level 1 to
Engineer Level 2 without the requirement to win a position on merit.
53.2 Progression will
only occur when the Professional Engineer is assessed as meeting the relevant
criteria for Engineer Level 2.
54. Knowledge Transfer
54.1 RMS recognises
the importance of succession planning and knowledge transfer prior to the
retirement or exit of Professional Engineers.
54.2 Where a
Professional Engineer is identified as having expertise in a specific field or
aspect of engineering, a knowledge transfer process will be prepared. The process will be prepared at least 12
months prior to retirement or exit of the Employee, where the exit date is
known or can be estimated. The aim of
the knowledge transfer process is to ensure the handover of important technical
and organisational knowledge to current employees.
54.3 The knowledge
transfer process will incorporate:
(a) information session(s) by the Professional Engineer;
(b) documentation by the Professional Engineer;
(c) mentoring;
(d) shadowing;
(e) the release of the Employees involved from their normal
duties, to allow sufficient time to participate; and
(f) where the Employee agrees, the option for part time
employment to facilitate the knowledge transfer process.
55. Women in
Engineering
55.1 The Employer is
committed to increasing the representation of women in the workforce, including
in engineering.
55.2 To this end, the
Employer and Professionals Australia will work together during the life of the
Award on proposals for promoting, developing and retaining women in the
engineering profession, including:
(a) programs aimed at professional development, leadership
development, mentoring and networking; and
(b) promoting flexible working arrangements amongst staff and
managers - including part time and job sharing arrangements - that support
personal and professional needs, subject to the ability of the Employer to meet
customer service, operational and business requirements.
55.3 The Employer
will provide regular statistical analysis and reporting on women in the
engineering profession within RMS. This
information is to be provided to Professionals Australia.
55.4 The Employer is
required to consider, and report on, gender diversity in restructuring.
56. Consultation
56.1 RMS and
Professionals Australia shall meet quarterly to consult and seek agreement on
issues including but not limited to:
(a) Professional
development and training;
(b) Restructuring,
relocation or organisational change where Professional Engineer positions are
affected;
(c) Career
progression, succession planning and mentoring; and
(d) Significant
issues impacting on RMS Professional Engineers, such as workload and skills
shortages.
(e) Women in
engineering.
57. Part-Time
Employment
57.1 In addition to
subclause 30.9 (Right to Request) and clause 25 (Flexible Working Practices)
and subject to operational requirements, Employees may elect to change from
full-time to part-time work to manage their work-life balance. This will enable
Employees to manage family and career responsibilities or choose to reduce the
number of hours worked as they approach retirement. The shift from full-time to
part-time will be managed in accordance with RMS’ Leave and Attendance Policy
and applicable procedures. Requests to work part-time will not be unreasonably
refused.
58. Hours for
Full-Time Employees
58.1 RMS and
Employees may agree to work either a standard hours
arrangement or a flex time arrangement. RMS may direct Employees to work a
standard hours arrangement in exceptional
circumstances.
59. Disturbance
Allowance
59.1 Employees may be
contacted outside of normal work hours to assist with or co-ordinate a response
to an emergency and/or breakdown without being required to attend the emergency
and/or breakdown. Employees may be contacted to put into place emergency
arrangements by contacting other Employees to attend an incident or providing
advice in response to an emergency situation.
59.2 The disturbance
allowance is:
(a) paid at a minimum of one hour of the ordinary hours rate.
(b) not paid if the Employee’s salary exceeds the top step of
Engineer Level 4.
59.3 The disturbance
allowance is payable under the following arrangements:
(a) for Employees on standard hours or flexitime, between the
hours of 8.00pm and 6.00am Monday to Friday, all day Saturdays, Sundays, public
holidays and accrued days off.
(b) for shift workers, two hours after the completion of a
shift, two hours prior to the commencement of a shift and all day for rostered
days off and accrued days off.
59.4 Where more than
one telephone call is received or made within the hour, only one hourly payment
is paid.
60. Leave Without Pay
60.1 Approved Leave Without Pay
(a) Employees may
be granted leave without pay (LWOP):
(i) providing that good and sufficient reasons are shown for the
leave,
(ii) up to a maximum of three years, providing that service has
been satisfactory,
(iii) on a full-time or part-time basis,
(iv) commencing on the first working day after the Employee
ceases work or at the expiration of paid leave, and
(v) ceasing on the day prior to the day on which the Employee
resumes work, regardless of whether that day is a working day or not.
(b) LWOP is
granted on the understanding that RMS retains the right to:
(i) abolish any position on the grounds of redundancy,
(ii) require an Employee to relinquish a position, or
(iii) terminate the Employee’s services, should circumstances
during the absence, so require.
A decision made to abolish a position while an Employee
is on LWOP does not mean that the Employee will be offered a voluntary
redundancy. RMS’ policy and procedures on the management of displaced and
excess staff will apply.
(c) Employees may
not take LWOP to engage in other employment unless RMS is satisfied that the
skills and experience gained from this other employment will provide RMS with a
demonstrated benefit.
(d) LWOP does not
count as service for increment purposes where the total period exceeds five
days in any 12 months.
(e) Employees are
not required to exhaust accrued paid leave before proceeding on LWOP.
(f) If Employees
obtain approval to combine all or part of accrued paid leave with LWOP, the
paid leave must be taken before LWOP.
(g) Employees are
paid for public holidays falling during LWOP where the total period of LWOP
does not exceed ten consecutive working days.
(h) The effect of
LWOP on extended leave entitlements is set out in subclause 32.6.
(i) A
permanent appointment may be made to the Employee’s position if:
(i) The
leave without pay has continued or is likely to continue beyond the original
period of approval and is for a total period of more than 12 months; and
(ii) The Employee
is advised of RMS’s proposal to permanently backfill their position; and
(iii) The Employee
is given a reasonable opportunity to end the LWOP and return to their position;
and
(iv) RMS advised the
Employee at the time of the subsequent approval that the position will be
filled on a permanent basis during the period of LWOP.
(j) The position
cannot be filled permanently unless the above criteria are satisfied.
(k) The Employee
does not cease to be employed by RMS if their position is permanently
backfilled.
(l) Subclause
60.1(i) does not apply to full-time unpaid parental
leave or to military leave.
60.2 Unauthorised
Leave Without Pay
(a) Employees who
do not provide a satisfactory explanation for their absence
are regarded as being absent from work without authorised leave. As a
result, Employees will not be paid for this period of absence.
(b) Nothing in
this clause prevents RMS from taking disciplinary action against Employees for
unauthorised absences from work.
SECTION 8 - SPECIFIC PROVISIONS FOR MARITIME EMPLOYEES
61. Hours of Work
61.1 "35 hour
per week Employees" means all Maritime Division Employees that are full
time other than Senior Boating Safety Officers, Boating Safety Officers,
Boating Education Officers, Team Leader Environmental Services and
Environmental Service Officers.
61.2 "38 hour
per week Employees" means Senior Boating Safety Officers, Boating Safety
Officers, Boating Education Officers, Team Leader Environmental Services and
Maritime Environmental Service Officers.
61.3 SEA Officers and
their respective Team Leaders on an annualised salary: The ordinary hours of
work shall not be less than 161 hours per month averaged over a 12 month
period.
61.4 Maritime
Environmental Service Officers working a 12 hour day, rostered on three days on
and three days off are deemed to work an average of 1792 hours a year. Such
Employees will receive a 12 hour break between shifts.
61.5 Hours of work
will be arranged to take into consideration the specific business needs of RMS,
and where possible, the work preferences of Employees. Service and functions
provided by RMS will not be withdrawn to accommodate the absence of Employees
under the hours of work arrangements.
61.6 Unless
prescribed otherwise in the Specific Provisions, the starting and finishing
times within the spread of ordinary hours should be mutually agreed between
management and Employees, however if agreement cannot be reached the needs of
the organisation must prevail and managers will therefore determine starting
and finishing times.
61.7 Once starting
and finishing times have been established, reasonable notice will be given
(normally 5 calendar days) of any changes required.
61.8 The working of
additional hours within the spread of hours will be by reasonable notice from
management.
61.9 Ordinary Hours -
35 hour per week Employees (other than those which have specific provisions or
are on an annualised salary).
(a) Ordinary hours
will be an average of 35 hours per week over a cycle of four weeks on any day
Monday to Friday to be determined by each business unit provided the total
number of hours worked are 140 hours for Employees on a four week cycle, 280
hours for Employees on an eight week cycle, or 420 hours for Employees on a
twelve week cycle.
(b) the span of ordinary hours are between 0700 and 1900.
61.10 Ordinary Hours -
38 hour per week Employees (other than those which have specific provisions or
are on an annualised salary).
(a) Ordinary hours
will be an average of 38 hours per week over a cycle of four weeks on any day
Monday to Friday to be determined by each business unit provided the total
number of hours worked are 152 hours for Employees on a four week cycle, 304
hours for Employees on an eight week cycle, or 456 hours for Employees on a
twelve week cycle.
(b) the span of ordinary hours are between 0600 and 1800.
61.11 A meal break will
be taken not more than 5 hours after commencing duty and shall be a minimum of
30 minutes. The time taken for a meal break will not count as hours worked.
61.12 Product Services
Officers (PSOs) statewide are responsible for the
operation of a call centre, 7 days a week. The staffing of the call centre on
weekends and for any weekday shifts outside of 8.30am to 4.30pm is on a
voluntary basis initially, however if shifts cannot be filled the Employer can
direct Employees to work. Any days worked by PSOs on weekends are paid at the
appropriate penalty rate.
61.13 Notwithstanding
the provisions of this clause, an Employee and their manager may agree to other
arrangements provided they meet the needs of the business and the contract
hours are worked within the cycle.
61.14 Unless prescribed
otherwise:
(a) call back: Employees recalled to work will be entitled to be
paid a minimum of 4 hours at the appropriate rate on the understanding this
provision will not apply to Employees called in to work early in which case, if
outside the spread of ordinary hours, they shall be paid at the overtime rate.
(b) 10 hour break:
Where an Employee works additional hours, the Employee shall not be required to
return to work for duty for a least ten consecutive hours between the
termination of work on one day and the commencement of work on the next day.
The Employee shall be provided with a break without loss of pay for ordinary
working time occurring during such absence.
62. Maritime Trainees
Ordinary Hours of Work
62.1 Ordinary hours
of work will be an average of 35 hours per week over a cycle of four weeks on
any day Monday to Sunday.
62.2 The span of
ordinary hours worked by Maritime Trainees will be:
(a) between 0600 and 1800 when working with ESOs and BSOs;
(b) between 0700 and 1900 when working with PSOs.
62.3 Hours worked on
a Saturday will be paid a loading of 50% for the first 2 hours and 100% for the
remainder.
62.4 Hours worked on
a Sunday will be paid a loading of 100%.
62.5 Hours worked on
a Public Holiday will be paid a loading of 150%.
62.6 Hours worked
outside the span of ordinary hours for each group working on weekdays will be
paid a loading of 50%.
63. Additional Hours
63.1 The provisions
of this clause do not apply to the positions of Senior Boating Safety Officers,
Boating Safety Officers, Marine Investigators, Team Leaders in Environmental
Services, Environmental Service Officers, and SEA Officers and their respective
Team Leaders.
63.2 Hours worked in
addition to the total number of ordinary hours required to be worked are
‘additional hours’ and shall only be worked/accrued with the agreement of the
Employer.
63.3 Additional hours
up to a maximum of 21 hours per four week cycle are to be taken off at a mutually
convenient time, as time off in lieu on the basis of one hour per additional
hour worked. Additional hours accrued at the end of each cycle may be carried
over to the next cycle by mutual agreement. In circumstances where operational
requirements do not allow for time off in lieu within a 3 month period, the
Employer may authorise for the additional hour(s) to be paid out at ordinary
single time after the expiration of 3 months.
63.4 Additional hours
worked in excess of 21 hours in a four week cycle are paid at time and a half
up to 28 hours and double time thereafter or alternatively, by agreement, taken
as time off in lieu at ordinary time.
64. Overtime
64.1 The provisions
of this clause shall not apply to positions on Annualised Salaries.
64.2 The following
overtime provisions will apply to Employees who work outside the span of
ordinary hours outlined in clause 63 (Additional Hours).
64.3 35 hour per week
Employees including Maritime Trainees - Overtime worked Monday to Saturday will
be paid at the rate of time and a half for the first two hours and double time
thereafter. Overtime worked on a Sunday will be paid at the rate of double
time.
64.4 38 hour per week
Employees - overtime worked Monday to Saturday will be paid at the rate of
double time. Overtime worked on a Sunday will be paid at the rate of double
time and one half.
64.5 Overtime worked
on a public holiday will be paid at the rate of double time and one half in
addition to the normal remuneration for that day.
64.6 Employees required
to work overtime beyond the spread of hours Monday to Friday to beyond 12.30pm
on Saturdays, Sunday and Public Holiday will be entitled to a paid meal.
65. Fitness for Duty
65.1 It shall be a
condition of employment that Senior Boating Safety Officers, Boating Safety
Officers, Boating Education Officers, Team Leaders in Environmental Services,
Environmental Service Officers and Hydrographic
Surveyors maintain a level of fitness consistent with the demands of the
position. This will ensure the continued health and safety of SBSOs, BSOs,
BEOs, TLs, ESOs and HSs and as such recognises that there is a range of
environmental and operational conditions that could impact on the health of an
officer.
65.2 Subsequent to
appointment and, in order to ensure that prescribed fitness standards are
maintained SBSOs, BSOs, BEOs, TLs, ESOs and HSs will be required to be
medically assessed every two years or on a more frequent basis if indicated by
medical advice. Wherever possible medical examinations, to a prescribed format,
shall be carried out by the Employer’s Occupational Health Physician, or by
other similarly qualified practitioners nominated by the Employer.
65.3 The ongoing
standard of fitness required of SBSOs, BSOs, BEOs, TLs, ESOs and HSs will be
determined as required by the Employer’s Occupational Health Physician having
regard to the nature of the job and the circumstances under which it is
performed. The Employer shall provide a list of suitable female doctors for
medicals.
65.4 An officer who
fails to meet the prescribed fitness standards will be given an appropriate
period of time, as determined on medical advice, to achieve the level of
fitness required. Subsequently, an officer who fails the medical re-assessment
or who is deemed on medical advice not capable of regaining or maintaining an
acceptable level of fitness, will be rehabilitated to
another position in accordance with the RMS Fitness To Continue Procedure.
65.5 An officer who
fails to meet the fitness standards and/or is advised by the consulting
physician on lifestyle changes, initiatives to improve fitness or other
measures, shall be referred to his/her personal doctor for further
investigation. Henceforth any additional costs incurred by the officer, for the
purpose of re-gaining the required level of fitness, will be the responsibility
of the officer concerned.
65.6 SBSOs, BSOs,
BEOs, TLs, ESOs and HSs returning to work after long term absences from active
work will be required to undergo a periodic assessment before the commencement
of duties. Officers returning to active duties after a prolonged illness or
injury will be required to submit a private medical clearance before the
resumption of duties, as well as undergoing their periodic medical when it
falls due.
66. Allowances
66.1 On-call
Allowance
Employees who are rostered to be on call, in the event
of an emergency, outside core hours and at weekends and on Public Holidays are
entitled to the on call allowance specified in item 19(b) of Schedule B.
66.2 Childcare
Allowance
The Employer agrees to provide assistance with the cost
of child care fees up to the maximum amount listed in item 21 of Schedule B per
child where the Employee’s children are in registered/approved child care
facilities (i.e. long day care and vacation care) in accordance with the RMS
Child Care Subsidy Procedure (as varied from time to time).
66.3 Gym Membership
The Employer agrees to provide assistance with the cost
of gym memberships up to the maximum amount listed in item 22 of Schedule B in
accordance with the RMS Gym Subsidy Scheme (as varied from time to time).
66.4 Environmental
Services Master 5 Allowance
Maritime Employees who hold a Master 5 qualification to
carry out duties on specific Environmental Services vessels are entitled to the
allowance specified in item 23 of Schedule B.
67. Conditions
Applicable to Managers in Boating Operations Branch at Salary Levels MA16A,
16AA MA17A and MA17AA.
67.1 The annualised
salary covers all incidents of employment and counts for superannuation
purposes. All incidents of employment includes
ordinary hours, excess hours, TIL, overtime and weekend or public holiday
penalties. No additional payments will be made nor is TIL to be taken or paid.
67.2 The annualised
salary is payable provided the Managers have worked at least 161 hours per four
week cycle averaged over a 12 month period, other than for agreed leave
periods. The annualised salary shall cease to be paid if the Manager reverts to
the working of ‘ordinary hours’ for a 35 hour week Employee. In such case the
Manager will be paid at the relevant Maritime Officer rate.
67.3 For Employees on
annualised salary, their ordinary hours shall be worked on any day Monday to
Sunday. Ordinary hours will exclude the meal breaks which will be a minimum of
30 minutes subject to operational requirements and not count as hours worked.
67.4 Notwithstanding
any other provisions of this clause, the Employer and the Employee may agree to
other arrangements provided they meet the needs of the business unit and the
contract hours are worked within the cycle.
68. Conditions
Applicable to Senior Boating Safety Officers (SBSOs), Boating Safety Officers
(BSOs) and Boating Education Officers (BEOs).
68.1 Any reference to
Boating Safety Officers (BSOs) should also be read as referring to Senior
Boating Safety Officers (SBSOs) and Boating Education Officers (BEOs).
68.2 The parties
agree to maintain, where necessary, an on call capability to deal with
emergencies or other urgent needs or demands which arise from time to time and
the deployment of staff within regions to augment resources available for the
conduct of special operations.
68.3 In order to
provide optimum services it is accepted that full staffing will be required
during the period 26 December to 31 January (inclusive). Accordingly, in line
with business needs, there will be a restriction on taking leave throughout
this period unless the leave is Sick Leave, Personal Carer’s Leave, Parental
Leave and approved Extended Leave provided these forms of leave are not to be
used in lieu of Annual Leave. The ability to take leave throughout the rest of
the year is subject to the needs of each regional business unit.
68.4 The annualised
salary is only payable when a BSOs is routinely working weekends and public holidays
in accordance with the ordinary hours of work contained in subclause 68.5,
other than for agreed periods when weekend work is not required and periods of
annual, parental, maternity, adoption, extended leave, special leave and jury
duty or workers compensation until the statutory rate is applied. The
annualised salary shall cease to be paid if the BSO ceases to work the required
hours of the annualised salary, other than for leave in accordance with this
subclause, and the BSO will revert to the relevant pay rate.
68.5 Ordinary Hours
of Work
(a) The BSO’s role
is principally day work. Nothing in this Award is intended to provide any means
to either of the parties to convert this work to a quasi
shift work arrangement.
(b) There are no
fixed hours and the expectation is that each BSO will arrange his/her hours to
cover the work required. This may involve working more or less than 7.6 hours
per day, working additional hours and/or taking TIL.
(c) The ordinary
hours of work shall be worked on any day Monday to Sunday in accordance with
the operational needs of the business.
(d) The ordinary
hours of work shall be an average of 38 hours per week (152 hours for BSOs on a
4 week cycle, 304 hours for BSO on an 8 week cycle, and 456 hours for BSOs on a
12 week cycle).
(e) It is
recognised that the usual span of hours will be between 6am and 6pm on any day
Monday to Sunday. BSOs may be required to work outside the usual span of
ordinary hours in accordance with the operational needs of the business unit.
Where hours are directed to be worked, and are considered by the BSO to be
excessive, the work will be performed, if it is safe to do so, and any such
grievance will be progressed in accordance with clause 6 Grievance Procedure of
this Award.
(f) A meal break
will be taken not more than five hours after commencing work and shall be a
minimum 30 minutes and will not count as time worked.
(g) The ordinary
hours of work required to be worked shall include two consecutive days off
after working 5 days in lieu of a Saturday and Sunday, except in the case of a
call out for a designated emergency or as otherwise required by the Employer.
(h) If a rostered
day off falls on a public holiday and the BSO has worked on that day, then an
alternative RDO shall be taken. Wherever possible, alternative RDOs will be
scheduled so that 2 consecutive RDOs may be taken. The day off will coincide
with the BSOs preference where possible.
(i) Rosters
shall include 16 weekends or the equivalent of 32 weekend days between 1 February
and 25 December each year where BSOs are not rostered for work, subject to
business and rostering needs.
68.6 Additional Hours
(a) At the request
of the Employer, BSOs will undertake duties from time to time outside their
usual span of ordinary hours of work as follows:
(i) Any
hours required to be worked in excess of the ordinary hours of 152 hours per
four week period pursuant to subclause 68.5 above are "Additional
hours" and must have the approval of the Employer.
(ii) A reasonable
number of additional hours shall be worked to accommodate the functions of RMS.
(b) Additional
hours worked by BSOs between 0600 and 1800 are to be taken as TIL at an agreed
time on the basis of one hour for each additional hour worked. In the event that the BSO cannot take the TIL within a reasonable
time period (or within a three month period), then the Employer may authorise
for the additional hour(s) to be paid out at ordinary single time.
(c) Up to 21
additional hours worked including those gained by working Public Holidays and
outside the ordinary span of hours between 26 December and 31 January are to be
paid out by the Employer at the ordinary rate of pay unless approval is granted
by the Employer for TILto be taken. For any additional hours above 21 hours, such
hours are, by agreement between the BSO and Employer, to be paid out at the
ordinary rate of pay or taken as TIL on the basis of one hour for each
additional hour worked. In the event that the BSO cannot take the TIL within a reasonable
time period (or within a three month period), then the Employer may authorise
for the additional hour(s) to be paid out at ordinary single time.
(d) Notwithstanding
other provisions contained in subclause 68.4, a BSO and their Manager may agree
to other arrangements provided they meet the needs of the business and the
total number of ordinary hours to be worked within the 12 month period.
68.7 Work Outside Ordinary Hours (WOOH)
(a) BSO may be
required to work outside the usual span of hours prescribed in subclause 68.5.
(b) Hours worked
outside the usual span of hours shall accrue as double the usual TIL and taken
as time off in lieu, provided that where it is not possible to take time off in
lieu, the time accrued will be paid out at single time (not taken within a 3
month period).
(c) The provisions
of subclause 68.5(b) above shall not apply in the event of on-water emergencies
which began during the usual work period.
For example for 4 hours worked outside the hours of
0600-1800, excluding on-water emergencies, a BSO will accrue 8 hours TIL to be
taken as 8 hours or paid as 8 hours at single time.
69. Conditions
Applicable to Team Leaders Environmental Services (TLE) and Environmental
Services Officers (ESOs).
69.1 The roster and
annualised salaries makes provision for:
(a) 12
hour shifts,
(b) working three days on/three days off,
(c) 190 hours
annual leave,
(d) Ordinary hours
being 0600 to 1800 Monday to Sunday,
(e) Sick Leave and
Higher Duties allowance calculated at 10.86 hours a day,
(f) 55 minute
break,
(g) Additional 14
minutes paid with the annualised salary at ordinary time rate not the overtime
rate,
(h) Working 5
public holidays in a twelve month period,
(i) Working
special aquatic events on Boxing Day, New Year’s Eve and Australia Day,
(j) No accrual of
additional hours or TIL.
69.2 The annualised
salary shall count for superannuation purposes.
69.3 The annualised
salary includes provision to work a rostered 12 hour day, three days on, three days off including weekends and public holidays, other
than for approved leave. The annualised salary shall cease to be paid if for
any reason the officer reverts to working a 38 hour week instead of the 12 hour
day, 3 days on, 3 days off roster including public holidays and special leave
events. The Employee will be paid at the applicable Maritime Officer
classification.
69.4 The ordinary
hours of work are up to 12 hours, 0600 to 1800, Monday to Sunday,
however, in exceptional circumstances such as aquatic events, start and finish
times and the number of hours may be varied to suit business needs, following
consultation and reasonable notice.
69.5 Overtime shall
be paid for hours worked at the following rates:
(a) double time for hours worked in excess of 12 on Monday to
Saturday;
(b) double
time and a half for hours worked in excess of 12 on Sunday;
(c) double time and a half in addition to normal remuneration
for hours worked in excess of 12 on a public holiday.
69.6 A minimum of
four hours shall be paid at the appropriate overtime rate when called back to
work for an emergency e.g. oil spill.
69.6 Any overtime
payable as per this subclause shall be paid on the base hourly rate of the
position and not at the annualised rate.
69.7 Employees
required to work overtime beyond the ordinary spread of
hours Monday to Sunday and Public Holidays will be entitled to a Meal
Allowance.
69.8 Annual and
Extended leave may only be taken in accordance with the Leave Roster.
70. Conditions
Applicable to the Payment of Annualised Salaries
70.1 Annualised
salaries shall cease to be paid if for any reason an Employee does not work the
requisite hours and/or weekends, public holidays or special events and/or
reverts to working the ‘ordinary hours’ applicable to 35 hours or 38 hours per
week Employees. In such cases, the Employee shall be paid at the relevant rate
contained in the Maritime Officer Scale.
(a) For Designated
Managerial Positions on an Annualised Salary: The annualised salaries
covers all incidents of employment including excess hours, TIL, overtime
and weekend and public holiday penalties. Unless otherwise provided for in this
Award, no additional payments will be made nor is TIL to be taken or paid.
Position holders will be reviewed annually and where the ordinary hours of work
are less than 161 per month, the provisions of subclause 70.1 above will apply.
(b) For
Operational Positions on an Annualised Salary: The annualised salaries cover
incidents of employment including working weekends and public holidays, the
requisite special aquatic events on Boxing Day, New Years
Eve and Australia Day. For Team Leaders, Environmental Services and
Environmental Services Officers, the annualised salary also covers ordinary
hours of work to include working a 12 hour day, 3 days on and 3 days off.
(c) For Investigators
on an Annualised Salary: The annualised salary covers all incidents of
employment so that the ordinary hours of work shall not be less than 161 hours
per month averaged over a 12 month period, and includes routinely working
outside core hours, and on weekends and public holidays as required by business
needs.
(d) For SEA
Officers and their respective Team Leaders on an Annualised Salary: The
annualised salary covers all incidents of employment and includes working
outside core hours and occasionally on weekends (excluding public holidays).
(e) Remote
Supervision positions on an Annualised Salary: The annualised salary covers all
incidents of employment and includes the requirement to supervise a large
number of people and routinely work outside core hours and on weekends and
public holidays.
70.2 Certain
positions or categories of employment have agreed to be on annualised salaries.
Salary grades suffixed with an "A" represent annualised salaries in
Part 3 of Schedule A. "AA" also represents an annualised salary but
for a different category of Employee.
71. Competency
Progression of Maritime Employees
71.1 All new
appointed Boating Safety Officers (BSOs), Product Services Officers (PSOs),
permanent full-time Boating Education Officers (BEOs), Associate
Auditor/Surveyors (AA/Ss) and Associate Naval
Architect (ANA) have a probationary period of six months linked to their
competency training program and salary progression system.
71.2 SEA Officers
have a probationary period of 3 months and may be rotated through sections of
the Commercial Vessel Survey and Certification Branch as required by the
business.
71.3 BEOs are graded
as MA5A, and may progress to BSO (subject to merit selection).
71.4 BSOs are graded
as MA5A - entry level; MA7A - mid level (6 months post appointment); and MA11A
- fully competent (12 months post appointment).
71.5 PSOs are graded
as MA3 and progress through the grades to MA6.
71.6 AA/S progress
from grade MA7A to MA9A (12 months), to MA11A (24 months), to MA13A (36 months).
71.7 The ANA
progresses from grade MA7A (entry level) to MA9A (12 months), to MA11A (24
months), to MA13A (36 months).
71.8 SEA Officers are
initially graded as MA14A and progress to MA15A (24 months).
71.9 Maritime
Services Trainees are remunerated in accordance with the Crown Employees
(Public Service Training Wage) Reviewed Award 2008 contained in the Crown
Employees (Public Sector - Salaries 2015 Award whilst under the traineeship.
72. Change of Position
72.1 Current
Employees who change their role involving a different skill set to that for
which they were employed as PSO to BSO will have a ‘fit for position’ period
agreed between the Employer and the Employee and be able to return to their
immediately preceding substantive position if either the Employee or Employer
find they are not compatible with the new role. If the Employee returns to
their substantive position, an unreasonable failure to meet their work
requirements may be viewed as a refusal to perform duties.
73. Specific Provisions
for Special Extraordinary Aquatic Events
73.1 Maritime
Division will determine, in consultation with Employees and /or their Employee
representatives, which events fall into the category of Special Extraordinary
Aquatic Events and the dates of such events. In such cases the working
arrangements/compensation for on-water Employees required to work to support
Special Extraordinary Aquatic Events are as follows:
(a) SBSOs and BSOs
If the day falls on an RDO they will be entitled to an
alternative RDO at a time which suits business needs.
Where one month’s notice is not given
to a BSO that they are required to work on their RDO for a Special
Extraordinary Aquatic Event, that BSO will be entitled to an additional RDO of
7.6 hours to be taken subject to needs of each regional business unit.
If the day falls on a normal working day, they will
work as normal, and will only be granted a day off in lieu if the event is
gazetted as an additional Public Holiday which means that the day is extra to
the Public Holidays for which they already have been remunerated in their
salary package.
(b) Team Leaders
Environmental Services and Environmental Service Officers
If the days falls on an RDO they will be entitled to an
alternate RDO at a time which suits business needs.
If the days falls on a normal
working day, they will work as normal, and will only be granted a day off in
lieu if the event is gazetted as an additional Public Holiday which means that
the day is extra to the Public Holidays for which they already have been
remunerated in their salary package.
If they work more than 12 hours they will be paid
overtime.
(c) Hydrographic Surveyors
If the day falls on a normal working day, they will
work as normal. If the event is gazetted as Public Holiday they will be paid
the appropriate penalty rates for the time worked.
If the day falls on a weekend, they will be paid
appropriate penalty rates for time worked.
SCHEDULE A - CLASSIFICATION STRUCTURE AND RATES OF PAY
PART 1
Salaried Employee Classifications (including Compliance Operations
Inspectors)
Unified Salary
Scale
|
2.5% increase
|
2.5% increase
|
2.5% increase
|
Grades
|
1 July 2016
|
1 July 2017
|
1 July 2018
|
|
Per annum
|
Per annum
|
Per annum
|
|
$
|
$
|
$
|
Grade 1
|
37,542
|
38,481
|
39,443
|
|
41,176
|
42,205
|
43,261
|
|
47,074
|
48,251
|
49,457
|
Grade 2
|
49,647
|
50,888
|
52,160
|
|
51,900
|
53,198
|
54,527
|
|
53,831
|
55,177
|
56,556
|
Grade 3
|
57,159
|
58,588
|
60,053
|
|
59,836
|
61,332
|
62,865
|
|
62,624
|
64,190
|
65,794
|
Grade 4
|
64,534
|
66,147
|
67,801
|
|
67,065
|
68,742
|
70,460
|
|
69,704
|
71,447
|
73,233
|
Grade 5
|
72,099
|
73,901
|
75,749
|
|
74,430
|
76,921
|
78,198
|
|
75,771
|
77,665
|
79,607
|
Grade 6
|
77,435
|
79,371
|
81,355
|
|
79,785
|
81,780
|
83,824
|
|
82,396
|
84,456
|
86,567
|
Grade 7
|
84,188
|
86,293
|
88,450
|
|
87,160
|
89,339
|
91,572
|
|
88,850
|
91,071
|
93,348
|
Grade 8
|
92,496
|
94,808
|
97,179
|
|
96,251
|
98,657
|
101,124
|
|
99,257
|
101,738
|
104,282
|
Grade 9
|
103,823
|
106,419
|
109,079
|
|
106,805
|
109,475
|
112,212
|
|
111,612
|
114,402
|
117,262
|
Grade 10
|
114,430
|
117,291
|
120,223
|
|
118,943
|
121,917
|
124,964
|
|
125,052
|
128,178
|
131,383
|
Grade 11
|
128,917
|
132,140
|
135,443
|
|
134,528
|
137,891
|
141,338
|
|
137,557
|
140,996
|
144,251
|
Grade 12
|
145,607
|
149,247
|
152,978
|
|
149,857
|
153,603
|
157,444
|
|
155,092
|
158,969
|
162,944
|
Grade 13
|
159,721
|
163,714
|
167,807
|
|
163,860
|
167,957
|
172,155
|
|
171,713
|
176,006
|
180,406
|
PART 2
Professional Engineers
Engineering Scale
|
Year
|
2.5% increase
|
2.5% increase
|
2.5% increase
|
|
|
1 July 2016
|
1 July 2017
|
1 July 2018
|
|
|
Per annum
|
Per annum
|
Per annum
|
|
|
$
|
$
|
$
|
Cadet Engineer Level 1
|
-
|
39,810
|
40,805
|
41,825
|
Cadet Engineer Level 2
|
-
|
42,109
|
43,162
|
44,241
|
Cadet Engineer Level 3
|
-
|
44,676
|
45,793
|
46,938
|
Cadet Engineer Level 4
|
-
|
47,497
|
48,684
|
49,902
|
Cadet Engineer Level 5
|
-
|
51,168
|
52,447
|
53,758
|
Cadet Engineer Level 6
|
-
|
51,694
|
52,986
|
54,311
|
GRAD Program Engineer
|
1
|
73,071
|
74,898
|
76,770
|
|
2
|
75,433
|
77,319
|
79,252
|
|
3
|
76,793
|
78,713
|
80,681
|
Engineer Level 1
|
1
|
85,326
|
87,459
|
89,646
|
|
2
|
88,339
|
90,547
|
92,811
|
|
3
|
90,051
|
92,302
|
94,610
|
|
4
|
93,748
|
96,092
|
98,494
|
|
5
|
97,548
|
99,987
|
102,486
|
|
6
|
100,597
|
103,112
|
105,690
|
Engineer Level 2
|
1
|
105,223
|
107,854
|
110,550
|
|
2
|
108,248
|
110,954
|
113,728
|
|
3
|
113,119
|
115,947
|
118,846
|
Engineer Level 3
|
1
|
115,973
|
118,872
|
121,844
|
|
2
|
120,547
|
123,561
|
126,650
|
|
3
|
126,739
|
129,907
|
133,155
|
Engineer Level 4
|
1
|
130,657
|
133,923
|
137,272
|
|
2
|
136,342
|
139,751
|
143,244
|
|
3
|
139,410
|
142,895
|
146,468
|
Engineer Level 5
|
1
|
147,567
|
151,256
|
155,038
|
|
2
|
151,879
|
155,676
|
159,568
|
|
3
|
157,187
|
161,117
|
165,145
|
Engineer Level 6
|
1
|
161,879
|
165,926
|
170,074
|
|
2
|
166,073
|
170,225
|
174,480
|
|
3
|
174,031
|
178,382
|
182,841
|
Note: All salary rates in this table include 1.35% annual
leave loading.
Professional Engineers Level Descriptions
Engineer Level 1
The Professional Engineer (as
defined) commencement level.
The engineer undertakes initial professional
engineering tasks of limited scope and complexity, such as minor phases of
broader assignments, in office, plant, field or laboratory work.
Classification Level definition
Under supervision from higher-level Professional
Engineers as to method of approach and requirements, the Professional Engineer
performs normal professional engineering work and exercises individual
judgement and initiative in the application of engineering principles,
techniques and methods.
In assisting more senior Professional Engineers by
carrying out tasks requiring accuracy and adherence to prescribed methods of
engineering analysis, design or computation, the engineer draws upon advanced
techniques and methods learned during and after the undergraduate course.
Training, development and experience using a variety of
standard engineering methods and procedures enable the Professional Engineer to
develop increasing professional judgement and apply it progressively to more
difficult tasks at Level 2.
Decisions are related to tasks performed, relying upon
precedent or defined procedures for guidance. Recommendations are related to
solution of problems in connection to the tasks performed.
Work is reviewed by higher-level Professional Engineers
for validity, adequacy, methods and procedures. With professional development
and experience, work receives less review, and the Professional Engineer
progressively exercises more individual judgement until the level of competence
at Level 2 is achieved.
The Professional Engineer may assign and check work of
technical staff assigned to work on a common project.
Engineer Level 2
Classification Level definition
Following development through Level 1, a Professional
Engineer who plans and conducts
professional engineering work without detailed supervision, but with guidance
on unusual features and who is usually engaged on more responsible engineering
assignments requiring substantial professional experience.
Engineer Level 3
Classification Level definition
A Professional Engineer performing duties requiring the
application of mature professional engineering knowledge. With scope for
individual accomplishment and co-ordination of more difficult assignments, the
Professional Engineer deals with problems for which it is necessary to modify
established guides and devise new approaches.
The Professional Engineer may make some original
contribution or apply new professional engineering approaches and techniques to
the design or development of equipment or special aspects of products,
facilities and buildings.
Recommendations may be reviewed for soundness of
judgement but are usually regarded as technically accurate and feasible. The
Professional Engineer makes responsible decisions on matters assigned,
including the establishment of professional engineering standards and
procedures, consults, recommends and advises in speciality engineering areas.
Work is carried out within broad guidelines requiring
conformity with overall objectives, relative priorities and necessary
co-operation with other units. Informed professional engineering guidance may
be available.
The Professional Engineer outlines and assigns work,
reviews it for technical accuracy and adequacy, and may plan, direct,
co-ordinate and supervise the work of other professional and technical staff.
Engineer Level 4
Classification Level definition
A Professional Engineer required to perform professional
engineering work involving considerable independence in approach, demanding a
considerable degree of originality, ingenuity and judgement, and knowledge of
more than one field of, or expertise (for example, acts as his/her
organisation’s technical reference authority) in a particular field of
professional engineering.
The Professional Engineer:
initiates or participates in
short-range or long-range planning and makes independent decisions on
engineering policies and procedures within an overall program;
gives technical advice to
management and operating departments;
may take detailed technical
responsibility for product development and provision of specialised engineering
systems, facilities and functions;
co-ordinates work programs;
and
directs or advises on use of
equipment and material.
The Professional Engineer makes responsible decisions
not usually subject to technical review, decides courses of action necessary to
expedite the successful accomplishment of assigned projects, and may make
recommendations involving large sums or long-range objectives.
Duties are assigned only in terms of broad objectives
and are reviewed for policy, soundness of approach, accomplishment and general
effectiveness.
The Professional Engineer supervises a group or groups
including Professional Engineers and other staff, or exercises authority and
technical control over a group of professional staff, in both instances engaged
in complex engineering applications.
Engineer Level 5
Classification Level Definition
A Professional Engineer usually responsible for an
engineering administrative function, directing several professional and other
groups engaged in inter-related engineering responsibilities, or as an
engineering consultant. Achieving recognition as an authority
in an engineering field of major importance to the organisation.
The Professional Engineer independently conceives
programs and problems to be investigated and participates in discussions
determining basic operating policies, devising ways of reaching program
objectives in the most economical manner and of meeting any unusual conditions
affecting work progress.
The Professional Engineer makes responsible decisions
on all matters, including the establishment of policies and expenditures of
large sums of money and/or implementation of major programs, subject only to
overall policy and financial controls.
The Professional Engineer receives administrative
direction based on organisation policies and objectives. Work is reviewed to
ensure conformity with policy and co-ordination with other functions.
The Professional Engineer reviews and evaluates
technical work; selects, schedules, and co-ordinates to attain program
objectives: and/or as administrator, makes decisions concerning selection,
training, performance management and remuneration of staff.
Engineer Level 6
Classification Level Definition
A Professional Engineer usually responsible for a
high-level engineering administrative and/or management function, directing and
taking responsibility for several professional and other groups engaged in
inter-related engineering responsibilities, or acts as the principal of a
specialist engineering consulting organisation. Has achieved
recognition as an authority in an engineering field of major importance to the
organisation.
The Professional Engineer independently conceives
programs and problems to be investigated and arrives at solutions. Initiates
and participates in discussions determining basic operating policies, devising
ways or reaching program objectives in the most economical manner and of
meeting and overcoming any unusual conditions affecting work progress.
The Professional Engineer takes responsibility for
decisions on all matters contained in area of management, including the establishment
and promulgation of policies. Directs expenditures of large
sums of money and/or implementation of major programs, subject only to overall
organisational policy and financial controls.
The Professional Engineer reports only to high-level
management and receives direction based on overall organisation policies and
objectives. Reviews work assigned by high level management prior to delegation
of tasks to others to ensure conformity with organisational policy and
co-ordination with other organisational functions and outside agencies.
The Professional Engineer approves critical technical
output from areas under management; selects, schedules, and co-ordinates to
attain program objectives. As manager, selects upper level staff, and initiates
training, performance management and decisions on remuneration of all staff
under direction.
PART 3
Maritime Employee Classifications
|
2.5% increase
|
2.5% increase
|
2.5% increase
|
Level
|
1 July 2016
|
1 July 2017
|
1 July 2018
|
|
Per annum
|
Per annum
|
Per annum
|
|
$
|
$
|
$
|
Maritime Officer
|
1
|
47,492
|
48,679
|
49,896
|
2
|
51,969
|
53,268
|
54,600
|
3
|
60,338
|
61,846
|
63,393
|
4
|
63,182
|
64,762
|
66,381
|
5
|
67,936
|
69,634
|
71,375
|
6
|
71,141
|
72,920
|
74,743
|
7
|
76,481
|
78,393
|
80,353
|
8
|
80,086
|
82,088
|
84,140
|
9
|
86,096
|
88,248
|
90,455
|
10
|
90,158
|
92,412
|
94,722
|
11
|
96,923
|
99,346
|
101,830
|
12
|
101,490
|
104,027
|
106,628
|
13
|
109,102
|
111,830
|
114,625
|
14
|
114,234
|
117,090
|
120,017
|
15
|
122,798
|
125,868
|
129,015
|
16
|
128,579
|
131,793
|
135,088
|
17
|
138,206
|
141,661
|
145,203
|
Annualised Salaries (*)
|
5A
|
88,058
|
90,259
|
92,516
|
7A
|
96,607
|
99,022
|
101,498
|
7AA
|
93,793
|
96,138
|
98,541
|
9A
|
103,227
|
105,808
|
108,453
|
10A
|
110,283
|
113,040
|
115,866
|
10AA
|
110,565
|
113,329
|
116,162
|
11A
|
117,048
|
119,974
|
122,974
|
12A
|
121,614
|
124,654
|
127,771
|
13A
|
121,331
|
124,364
|
127,473
|
13B
|
127,803
|
130,998
|
134,273
|
14A
|
134,360
|
137,719
|
141,162
|
15A
|
142,921
|
146,494
|
150,156
|
15AA
|
143,664
|
147,256
|
150,937
|
16A
|
149,445
|
153,181
|
157,011
|
16AA
|
149,445
|
153,181
|
157,011
|
17A
|
153,380
|
157,215
|
161,145
|
17AA
|
159,071
|
163,048
|
167,124
|
*Includes the following operational positions
Manager, Operations (various)
|
MA16AA
|
Team Leader, Commercial Vessel Survey & Certification
(various)
|
MA17A
|
|
MA16A
|
Manager, Maritime Investigations
|
MA17A
|
Manager, Wharf Safety & Grants
|
MA17A
|
Team Leader Initial Survey
|
MA17A
|
Team Leader Periodic Survey & SMS
|
MA17A
|
Principal Manager
|
MA17AA
|
Senior Manager Projects
|
MA16A
|
Team Leader Marine Certification
|
MA16A
|
Marine Certification Officer
|
MA11A
|
SEA Officer
|
MA14A -
|
|
MA15A
|
Senior Maritime Investigations Officer
|
MA14A
|
Associate Auditor/Surveyor
|
Entry Level
|
MA7A
|
|
After 12 months
|
MA9A
|
|
After 24 months
|
MA11A
|
|
After 36 months
|
MA13A
|
Associate Naval Architect
|
Entry Level
|
MA7A
|
|
After 12 months
|
MA9A
|
|
After 24 months
|
MA11A
|
|
After 36 months
|
MA13A
|
Senior Boating Safety Officer
|
MA13B
|
Boating Safety Officer
|
Entry Level
|
MA5A
|
|
Intermediate
|
MA7A
|
|
Fully Competent
|
MA11A
|
Team Leader, Maritime Environmental Services
|
MA10AA
|
Maritime Environmental Services Officer
|
MA7AA
|
Boating Education Officer
|
MA5A
|
SCHEDULE B - ALLOWANCES AND EXPENSES
*
|
To be updated in accordance with the NSW Treasury
Circulars
|
~
|
To be updated in accordance with the Crown Employees
(Transferred Employee Compensation) Award clauses 8.1.3, 10.1.3, 11, 12.1,
13.4
|
^
|
Adjusted annually on 1 July by CPI (all groups Sydney
index) for the proceeding 1 April to 31 March period
|
|
|
Item No.
|
Clause No.
|
Description
|
1 July 2017
|
1 July 2018
|
|
|
|
Amount
|
Amount
|
|
|
|
$
|
$
|
1
|
20.2.1(b)
|
Meal Allowance while
Travelling
|
Per meal
|
Per meal
|
|
|
Capital Cities & High
Cost Country Centres (refer to
|
|
|
|
|
(5) below)
|
|
|
|
|
Breakfast
|
*
|
*
|
|
|
Lunch
|
*
|
*
|
|
|
Evening Meal
|
*
|
*
|
|
|
‘Tier 2’ Country Centres
& ‘Elsewhere’ (refer to (5)
|
|
|
|
|
below)
|
|
|
|
|
Breakfast
|
*
|
*
|
|
|
Lunch
|
*
|
*
|
|
|
Evening Meal
|
*
|
*
|
2
|
24.4
|
Meal Allowance on Overtime
|
Per meal
|
Per meal
|
|
|
Breakfast
|
*
|
*
|
|
|
Lunch
|
*
|
*
|
|
|
Evening Meal
|
*
|
*
|
3
|
20.3
|
Lodgings
|
Per
|
Per
|
Per
|
Per
|
|
|
|
Day
|
Day
|
Hour
|
Hour
|
|
|
Location
|
$
|
$
|
$
|
$
|
|
|
|
|
|
|
|
|
|
Capital Cities
|
|
|
|
|
|
|
Sydney
|
*
|
*
|
*
|
*
|
|
|
Adelaide
|
*
|
*
|
*
|
*
|
|
|
Brisbane
|
*
|
*
|
*
|
*
|
|
|
Canberra
|
*
|
*
|
*
|
*
|
|
|
Darwin
|
*
|
*
|
*
|
*
|
|
|
Hobart
|
*
|
*
|
*
|
*
|
|
|
Melbourne
|
*
|
*
|
*
|
*
|
|
|
Perth
|
*
|
*
|
*
|
*
|
|
|
High Cost Country Centres
(NSW)
|
|
|
|
|
|
|
Gold Coast
|
*
|
*
|
*
|
*
|
|
|
Gosford
|
*
|
*
|
*
|
*
|
|
|
Maitland
|
*
|
*
|
*
|
*
|
|
|
Newcastle
|
*
|
*
|
*
|
*
|
|
|
Orange
|
*
|
*
|
*
|
*
|
|
|
Queanbeyan
|
*
|
*
|
*
|
*
|
|
|
Wagga Wagga
|
*
|
*
|
*
|
*
|
|
|
Wollongong
|
*
|
*
|
*
|
*
|
|
|
Port Macquarie
|
*
|
*
|
*
|
*
|
|
|
|
|
|
|
|
|
|
‘Tier 2’ Country Centres
(NSW)
|
|
|
|
|
|
|
Bathurst
|
*
|
*
|
*
|
*
|
|
|
Broken Hill
|
*
|
*
|
*
|
*
|
|
|
Dubbo
|
*
|
*
|
*
|
*
|
|
|
Goulburn
|
*
|
*
|
*
|
*
|
|
|
Muswellbrook
|
*
|
*
|
*
|
*
|
|
|
|
|
|
|
|
|
|
All other Country Centres
(NSW)
|
|
|
|
|
|
|
‘Elsewhere’
|
*
|
*
|
*
|
*
|
4
|
20.3
|
Incidentals allowance (all
locations)
|
*
|
*
|
|
|
|
per day
|
per day
|
5
|
20.5.2(b)
|
Amount for incidentals
deducted from
|
*
|
*
|
|
|
actual/reasonable expenses
|
per week
|
per week
|
6
|
20.5.2(b)
|
Maximum allowance for
Employee separated from
|
*
|
*
|
|
|
dependents
|
per week
|
per week
|
7(a)
|
20.5.9(a)
|
(i)
Allowance for removal of furniture - value of
|
~
|
~
|
|
|
furniture:
|
|
|
7(b)
|
|
(ii) If value above amount in
(i), Employees receive -
|
~
|
~
|
7(c)
|
|
(iii) If value below amount
in (i), Employees receive -
|
~
|
~
|
7(d)
|
|
(iv) If not eligible,
Employees shall receive -
|
~
|
~
|
8
|
20.5.4(c)
|
Max purchase price of home on
which
|
~
|
~
|
|
|
reimbursement of expenses is
based
|
~
|
~
|
9
|
20.5.7(b)
|
Rental Subsidy - Max amount
of allowance to offset
|
~
|
~
|
|
|
increased accommodation costs
|
~
|
~
|
10(a)
|
20.5.8(a)
|
Parents to pay first
|
~
|
~
|
|
|
|
per week
|
per week
|
10(b)
|
|
RMS pays up to a maximum of
|
~
|
~
|
|
|
|
per week
|
per week
|
11
|
20.6
|
Remote areas allowance (with
dependants)
|
|
|
|
|
Grade A
|
*
|
*
|
|
|
Grade B
|
*
|
*
|
|
|
Grade C
|
*
|
*
|
|
|
Remote areas allowance
(without dependants)
|
|
|
|
|
Grade A
|
*
|
*
|
|
|
Grade B
|
*
|
*
|
|
|
Grade C
|
*
|
*
|
12(a)
|
20.7
|
Fares subsidy for climatic
area - actual cost less or
|
*
|
*
|
12(b)
|
|
Maximum amount for Employee
with
|
*
|
*
|
|
|
spouse/dependents; or
|
|
|
12(c)
|
|
Maximum amount for Employee
without
|
*
|
*
|
|
|
spouse/dependents
|
|
|
13
|
20.9
|
Sydney Harbour Bridge
Allowance for Works
|
8,517.00
|
8,517.00
|
|
|
Supervisors (100%)
|
per annum
|
per annum
|
14
|
20.5.9(g)
|
Maximum value of furniture
and effects on which risk
|
~
|
~
|
|
|
insurance is paid
|
|
|
15
|
20.8
|
First Aid - Holders of St
John’s Ambulance
|
*
|
*
|
|
|
Certificate or equivalent
qualifications
|
per annum
|
per annum
|
16
|
20.8
|
First Aid - Holders of
current occupational first aid
|
*
|
*
|
|
|
certification issued within
the previous three years and
|
|
|
|
|
in charge of a First Aid room
in a workplace of 200 or
|
|
|
|
|
more
|
per annum
|
per annum
|
17
|
20.4.2(b)
|
Use of Private Motor Vehicles
on Official Business -
|
|
|
|
20.5.10(c)
|
Official Business Rate:
|
*
|
*
|
18
|
20.3.3(b)
|
Use of Private Motor Vehicles
on Official
|
|
|
|
20.4.2(b)
|
Business -
|
|
|
|
20.5.6(c)
|
Specified Journey Rate:
|
|
|
|
20.7(e)
|
|
*
|
*
|
19(a)
|
20.11
|
On call allowance (payable to
RMS Salaried
|
78
per day
|
80
per day
|
|
|
Employees other than Maritime
Employees)
|
(Mon-
Fri)
|
(Mon
- Fri)
|
|
|
|
116
|
119
|
|
|
|
per day (Sat.
|
per day (Sat
|
|
|
|
Sun & P.Hol)
|
Sun & P.Hol)
|
19(b)
|
66.1
|
On call allowance (payable to
Maritime Employees)
|
0.96 per hour
|
0.99 per hour
|
20
|
20.5.2(b)
|
Temporary accommodation
beyond first 8 weeks:
|
|
|
|
|
Actual and reasonable out of
pocket expenses for
|
*
|
*
|
|
|
board and lodging less the
amount for incidentals
|
|
|
21
|
66.2
|
Assistance with Child Care
fees per child
|
^
|
^
|
|
|
(for Maritime Employees)
|
per annum
|
per annum
|
22
|
66.3
|
Assistance with gym fees
based on proof of
|
^
|
^
|
|
|
attendance (for Maritime
Employees)
|
pa
|
pa
|
23
|
66.4
|
Superable skill allowance
based on holding Master 5
|
8759
|
8978
|
|
|
Qualification to carry out
duties on specific
|
per annum
|
per annum
|
|
|
Environmental Services
vessels
|
|
|
24
|
20.3.1(a)
|
Applies to RMS Employees
required to camp out or
|
|
|
|
|
make use of caravans or boats
for overnight
|
*
|
*
|
|
|
accommodation in the course
of their duties, when
|
|
|
|
|
motel/hotel accommodation is
neither available nor
|
per day
|
per day
|
|
|
appropriate.
|
|
|
25
|
20.10(a)
|
Uniform maintenance allowance
- applies to
|
8
|
8
|
|
|
designated RMS Salaried
Employees other than
|
per week
|
per week
|
|
|
Maritime Employees.
|
|
|
26
|
46.2
|
Incident co-ordination
allowance - applies to
|
|
|
|
|
Manager -
|
39 per day
|
40 per day
|
|
|
Field Operations &
Services and Field Traffic
|
(Mon - Fri)
|
(Mon - Fri)
|
|
|
Managers.
|
|
|
|
|
|
57 per day
|
59 per day
|
|
|
|
(Sat, Sun &
|
(Sat, Sun &
|
|
|
|
P. Hol)
|
P. Hol)
|
27
|
46.7
|
Incident management allowance
- applies to Traffic
|
954.54
|
978.40
|
|
|
Commanders (based on grade
and level of Employee)
|
per fortnight
|
per fortnight
|
|
|
|
to
|
to
|
|
|
|
1034.52
|
1060.38
|
|
|
|
per fortnight
|
per fortnight
|
|
|
|
|
|
|
|
|
APPENDIX A
Calculation of Overnight Expenses
General
The rates of overnight expenses generally reflect the
cost of meals and accommodation at a particular location. Consequently,
different daily rates apply to each capital city in Australia and to selected high cost regional centres and a single rate
applies to all other country locations.
Expenses are paid from the time of departure from
headquarters or permanent residence up to the time the Employee arrives back at
their headquarters or permanent residence.
When calculating expenses, the location of the
overnight stay will dictate the daily allowance rate that will apply and the
time of departure from each location will dictate the change from one rate to
another.
Examples
1. Travel to a
Single Destination
An Employee travels from their permanent residence at
Grafton to attend a series of meetings in Sydney necessitating an overnight
stay. The Employee departs Grafton at 6.00am and arrives back at their
permanent residence at 6.00pm the following day.
Calculation of expenses
Employees are entitled to claim 1 day 12 hours at the
Sydney expense rate.
2. Travel
Itinerary Involving Overnight Stays at a Number of Locations
An Employee travels for work purposes from their
headquarters in Sydney staying overnight at Newcastle, and Bathurst before
returning to Sydney. In this example, the location of the overnight stay will
dictate the daily allowance rate that will apply and the time of departure from
each location will dictate the change from one rate to the next.
The itinerary is as follows:
Day 1 - depart Sydney at 7.00am. Meetings
at Newcastle. Overnight Newcastle.
Day 2 - depart Newcastle at 8.00am. Travel to Bathurst
for meetings. Overnight Bathurst.
Day 3 - depart Bathurst midday. Travel to Sydney
arriving at permanent residence at 5.00pm.
Calculation of Expenses
1 day and 1 hour at the Newcastle expenses rate, i.e.
from time of departure at Sydney on day 1 (7.00am) to the time of departure
from Newcastle on day 2 (8.00am); and
1 day and 9 hours at the Bathurst expenses rate, i.e.
from time of departure from Newcastle (8.00am) to time of departure from
Bathurst (12.00pm) and travel back to Sydney (5.00pm).
SCHEDULE C - 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, eg 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, eg 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 personnel and
|
Ensure all behaviour is in accordance with the RMS Code of
Conduct and Ethics and this procedure.
|
professional services contractor
|
Commit to resolving work-related disputes or differences
in a constructive, 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: XXXXXXXXXX.
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 Human Resources
|
Updated to meet changes to the management of grievances
|
|
|
|
by Transport Shared Services Workplace Conduct and
|
|
|
|
Investigations Unit
|
02
|
9 July 2014
|
General Manager Human Resources
|
Updated in accordance with Roads and Maritime Services
|
|
|
|
Consolidated Award 2014
|
03
|
14 March 2016
|
General Manager Human Resources
|
Updates for Equip implementation.
|
P. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.