Crown Employees (Transport Drivers, &c.) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Industrial Relations Secretary.

 

(Case No. 2018/178072)

 

 

AWARD

 

Arrangement

 

PART A

 

Clause No.       Subject Matter

 

1.         Title

2.         Rates of Pay

3.         Deduction of Union Membership Fees

4.         Shift Allowances

5.         Anti-Discrimination

6.         Grievance and Dispute Settling Procedures

7.         General

8.         Area, Incidence and Duration

9.         No Extra Claims

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

PART A

 

1.  Title

 

This award shall be known as the Crown Employees (Transport Drivers &c.) Award 2018.

 

2.  Rates of Pay

 

The rates of pay are set out in Table 1 of Part B, Monetary Rates. The rates are provided by the Crown Employees Wages Staff (Rates of Pay) Award 2018.

 

3.  Deduction of Union Membership Fees

 

(i)        The union shall provide the employer with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union's rules.

 

(ii)      The union shall advise the employer of any change to the amount of fortnightly membership fees made under its rules.  Any variation to the schedule of union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

(iii)     Subject to (i) and (ii) above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union's rules, provided that the employee has authorised the employer to make such deductions.

 

(iv)     Monies so deducted from employee's pay shall be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to employees' union membership accounts.

 

(v)       Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

 

(vi)     Where an employee has already authorised the deduction of union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

4.  Shift Allowances

 

For the ordinary hours of shift, shift workers shall be paid the following loadings in addition to the rates prescribed for their respective classifications:

 

		Loadings per shift
		%
(a)	ordinary afternoon or night shifts (other than shifts referred to hereunder).	15
(b)	permanently working afternoon or night shifts or a combinations of such shifts.	30
(c)	an ordinary shift, the major portion of which falls on a Saturday or Sunday shall in substitution
	for the loading specified in paragraphs (a) or (b) of this clause, be paid for at the rate of 50 per cent
	or 75 per cent respectively in addition to the ordinary rate for such shift.
(d)	where, at the employees own request and to suit the employees own personal requirements, any
	employee works permanently on a combination of such shifts, then, provided the employer notifies
	the union of the agreement in writing, and the union agrees, the employee shall be paid 15 per cent
	extra per shift in lieu of the shift loading of 30 per cent specified in paragraph (b) of this clause.
(e)	for an ordinary shift worked on a public holiday, an employee shall receive an additional one and
	half day’s ordinary pay in addition to the normal shift payment calculated in accordance with
	paragraph (a) or (b) of this clause.

 

5.  Anti-Discrimination

 

(i)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(ii)      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(iii)     Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(iv)     Nothing in this clause is to be taken to affect:

 

(a)       any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)       offering or providing junior rates of pay to persons under 21 years of age;

 

(c)       any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)       a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

(v)       This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

6.  Grievance and Dispute Settling Procedures

 

(i)        All grievances and disputes relating to the provisions of this award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the appropriate department, if required.

 

(ii)      An employee is required to notify in writing their immediate manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

(iii)     Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes it impractical for the employee to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Secretary or delegate.

 

(iv)     The immediate manager, or other appropriate officer, shall convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.

 

(v)       If the matter remains unresolved with the immediate manager, the employee may request to meet the appropriate person at the next level of management in order to resolve the matter. This manager shall respond within two (2) working days, or as soon as practicable. The employee may pursue the sequence of reference to successive levels of management until the matter is referred to the Secretary.

 

(vi)     The Secretary may refer the matter to the Industrial Relations Secretary for consideration.

 

(vii)    If the matter remains unresolved, the Secretary shall provide a written response to the employee and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

(viii)   An employee, at any stage, may request to be represented by the union.

 

(ix)     The employee or the union on their behalf, or the Secretary may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

(x)       The employee, union, Secretary and Industrial Relations Secretary shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

(xi)     Whilst the procedures outlined in subclauses (i) to (x) of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any employee or member of the public

 

7.  General

 

(i)        Except as otherwise provided for in this award, the provisions of the Transport Industry (State) Award shall apply.

 

(ii)      For employees engaged under the Government Sector Employment Act 2013 the provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 or its replacement, shall apply in respect of the following entitlements:

 

Recreation Leave

 

Extended Leave

 

Sick Leave

 

FACS Leave

 

8.  Area, Incidence and Duration

 

(i)        This award shall apply to all employees in the classifications specified in Table 1 - Rates of Pay, of Part B, Monetary Rates, of this Award and clause 1 of the Transport Industry (State) Award, employed in organisations to which the Government Sector Employment Act 2013 applies.

 

(ii)      This Award rescinds and replaces the Crown Employees (Transport Drivers &c.) Award published 15 January 2016 (378 I.G. 1536) and all variations thereof.

 

9.  No Extra Claims

 

(i)        Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014, there shall be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the Employees covered by the Award that take effect prior to 30 June 2019 by a party to this Award.

 

The terms of the preceding paragraph do not prevent the parties from taking any proceedings with respect to the interpretation, application or enforcement of existing award provisions.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

 

 

 

P. M. KITE, Chief Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.