Local Government (Electricians) (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 288262 of 2018)
Before Chief Commissioner Kite
|
4 December 2018
|
REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject
Matter
PART A
1. Arrangement
2. Anti-Discrimination
3. Definitions
4. Skill
Descriptors
5. Rates of
Pay
6. Appointments
and Promotions
7. Special
Allowances
8. Tool
Allowances
9. Terms of
Employment
10. Calculation
of Service
11. Hours
12. Part-time
and Casual Employees
13. Overtime
14. On Call
15. Meal Breaks
and Allowances for Overtime Work
16. Holidays
17. Annual
Leave
18. Sick Leave
19. Carer’s
Leave
20. Bereavement
Leave
20A. Parental
Leave
21. Leave Without Pay
22. Long
Service Leave
23. Training
24. Travelling
Allowance
25. Higher Paid
Work
26. Clothing
27. Driving of
Motor Vehicles
28. Industry
Allowance
29. Termination
of Employment
30. Redundancy
and Technological Change
31. Miscellaneous
32. Disciplinary,
Grievance and Dispute Procedures
33. Council
Agreement
34. Performance
Evaluation and Reward
35. Consultative
Mechanisms
36. Jury
Service
37. Salary
Sacrifice
38. Superannuation
Fund Contributions
39. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates and Allowances
SCHEDULE A
Clothing Regulations
2. 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.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
3. Definitions
(i) Discharge
means termination of an employee's service by the council as a consequence of
retrenchment, re-organisation or shortage of work or other reasons for which
the employee may not be entirely responsible.
(ii) Dismissal means
termination of an employee's service by the council for misconduct,
inefficiency, unsuitability or repeated absences from work.
(iii) Resignation
means voluntarily leaving the service of the council.
(iv) Service
means service calculated in accordance with the provisions of Clause 10,
Calculation of Service, of this award.
(v) Council means a
Municipal, City, Shire or County Council within New South Wales.
4. Skill Descriptors
(i) Band 1 - Apprenticeship
This level will cover all apprentices and trainees
engaged in the electrical trade and associated training which may lead to
trade, technical or professional qualifications and is characterised by the
following:
Authority and accountability: Completion of tasks with
work closely monitored by the tradesperson, team leader or supervisor.
Depending on the level of skill and the degree of
training the employee may complete either work or sections of the work which
will then be checked by the tradesperson etc or may
work under close supervision. The level of authority and accountability will
also be indicated by the employee’s position on the Trainee scale. Employees'
will be responsible for the quality of their own work up to their level of
skill and competence and subject to supervision and instructions/guidance.
Judgement and problem solving: Judgement is dependent
on the level of skill and competence and the degree of training and will be
subject to co-ordination by other workers.
Specialist knowledge and skills: Specialist knowledge
and skills are obtained through on the job training and council based induction
training. This training complements that received off the job
which will lead to trade, technical or professional qualifications. The
application of the specialist knowledge and skills will depend on the stage
that the employee has reached in his/her training. Employees will be required
to follow and apply rules, regulations, guidelines, instructions and procedures
pertinent to their work.
Management skills: No skills in supervising others will
be required. Employees should be able to apply self
management skills.
Interpersonal skills: Communication with other staff in
receiving instructions and in advising of work carried out. Communication with
the public may also occur.
Qualifications and experience: Completion of School
Certificate or the Higher School Certificate may be sought but at least a
standard of education sufficient to allow entry into the appropriate course
that leads to a trade, technical or professional qualification. Completion of
an appropriate labour market program or similar short term work/skills
experience is desirable.
(ii) Technical/Trades
Band:
A key element of entry into this Band is the
requirement for a trade certificate or equivalent qualification gained through
a TAFE College or other accredited training institution.
Band 2, Level 1 Skill Descriptors
Authority and accountability: Responsible for the
completion of work requiring the application of trades or technical skills.
Assist in the provision of training as an adjunct to formal apprentice/trainee
training. Understand and implement quality control measures. Employees usually
work under general direction within established priorities, either individually
or in a team.
Judgement and problem solving: Skills in assessing situations, determine processes, tools or approaches to
problems and provide trade guidance and assistance as part of a work team.
Specialist knowledge and skills: Position will have
demonstrated competence in a number of key skill areas related to major
elements of the job.
Management skills: Positions may require skills in the
supervision or co-ordination of small groups.
Interpersonal skills: Communication skills to explain
situations or advise others in either technical or non
technical language.
Qualifications and experience: Appropriate work related
trade certificate or modules of an advanced certificate or associate diploma or
specialist skills training.
Band 2, Level 2
Positions at this level require the application of
knowledge usually gained through the completion of a post trades certificate
and/or advanced certificate in an appropriate discipline.
Skill Descriptors
Authority and accountability: Responsibility as a
trainer/coordinator for the operation of a small section which uses staff and
other resources, or the employee in the position completes tasks requiring
specialised technical skills.
Judgement and problem solving: Skills to solve problems
which require assessment of options with freedom within procedural limits in changing
the way work is done or in the delegation of work. Assistance may be available
from others in solving problems. Exercise independent judgement and initiative
in assessing tasks or jobs and work practices to accomplish results in
accordance with established goals.
Specialist knowledge and skills: Positions will have
specialised knowledge in a number of advanced skill areas relating to the more
complex elements of the job.
Management skills: May require skills in supervising a
team of staff, to motivate and monitor performance against work outcomes.
Interpersonal skills: In addition to interpersonal
skills in managing others the position may have a role to explain issues/policy
to the public or others and reconcile different points of view.
Qualifications and experience: Thorough working
knowledge and experience of all work procedures for the application of
technical/trades skills which is likely to be, based upon suitable post
certificate or advanced certificate level qualifications but may be obtained
through experience and training.
Band 2, Level 3
These positions require the application of the highest
level of training within technical / trade positions. Positions at this level
are characterised by the possession and application of skills obtained through
an Associate Diploma or Electrical Engineering Certificate and experience
within a specialist area.
Positions at this level may have a supervisory role
over other technical / trades staff. This will involve the application of job
specific skills as well as the management / supervision of staff.
Work at this level requires a sound knowledge of
program, activity, policy or service aspects of the work performed in a number
of work areas.
Employees working at this level would be expected to
demonstrate their sound multi-skill or specialised skill base in positions
demanding the exercise of independence and/or authority. Employees here maybe required to co-ordinate a range of activities,
identify potential or desired outcomes; contribute critical knowledge and
skills.
Employees use judgement and initiative in studying,
analysing and interpreting information with the aim of reaching conclusions and
decisions.
At this level there would be staff with accountability
for the oversight of particular operational areas or projects where there is a
requirement to establish work priorities, supervise subordinate training and
development, allocate and schedule work, liaise with equipment suppliers, write
technical reports, provide advice on improved methods/systems of work
performance and implement agreed operational programs.
Where positions at this level have supervisory
responsibilities these would include the development of appropriate training
programs related to group development in the functional area. Sound liaison and
communication skills and the capacity to negotiate may be required.
Work at this level requires a good general knowledge of
the council's operations, combined with a specialist
knowledge of major activities within the work area.
Skill Descriptors
Authority and accountability: May be responsible to
provide a specialised/technical service and to allocate, schedule and complete
work which has elements of complexity. Make recommendations within council and
represent council to the public or other organisations.
Judgement and problem solving: Problem solving and
judgements are made where there is a lack of definition requiring analysis of a
number of options. Typical judgements
may vary work priorities and approaches.
Specialist knowledge and skills: Positions have
advanced knowledge and skills in a number of areas where analysis of complex
options is involved.
Management skills: May supervise groups of
trades/technical employees. Employees supervised may be in a number of
different work areas, requiring motivation, monitoring and co-ordination to
achieve specific outputs.
Interpersonal skills: Skills to communicate with
subordinate staff and the public and/or negotiation/persuasive skills to
resolve disputes with staff or the public.
Qualifications and experience: An Associate Diploma,
combined with extensive experience in the application of skills in the most
complex areas of the job but may be obtained through experience and training.
(iii) Professional/Specialist
Band
Professional/Specialist staff are
employees who provide specialist services to council and require a degree
qualification. They have specialist training which, above the band entry level
is supplemented by experience either within or outside Local Government.
Positions will require professional/specialist
expertise in the planning, development and implementation of council
services/policies. Key elements of such positions relate to the ability to
solve complex problems, integrate information in the development of policies,
take accountability for decisions and exercise delegated authority.
The Professional/Specialist band will include both
positions which have a staff role in the provision of advice or services, and
those which manage units or functions within the council requiring management
skills in directing and controlling projects/groups.
Band 3, Level 1
This level is the entry level to the Professional /
Specialist Band and requires tertiary qualifications.
Skill Descriptors
Authority and accountability: Provides
specialised/technical services to complete assignments or projects in
consultation with other professional staff. May work with a
team of technical employees requiring the review and approval of more complex
elements of the work performed by others.
Judgement and problem solving: Problems require
assessment of a range of options having elements of complexity in reaching
decisions and making recommendations and requires the exercise of independent
judgement and initiative.
Specialised knowledge and skills: Positions require
considerable knowledge in a specific area with a sufficient level of skills and
knowledge to resolve issues having elements of complexity that may not be
clearly defined.
Management skills: Positions may manage projects
involving monitoring, motivating and co-ordination of resources.
Interpersonal skills: Persuasive skills are required to
participate in technical discussions to resolve problems, explain policy and
reconcile viewpoints.
Qualifications and experience: Professional/specialist
positions require professional qualifications to apply theoretical knowledge to
practical situations.
Band 3, Level 2
Professional/specialist positions classified within
this level cover both advisory and project management responsibilities.
At this level there would be staff with accountability
for the oversight of particular operational areas or projects where there is a
requirement to establish work priorities, supervise subordinate training and
development, allocate and schedule work, subcontract work, negotiate with
equipment suppliers, write technical reports, provide advice on improved
methods/systems of work performance and implement agreed operational programs.
Discussions taken or delegations exercised at this
level may have major impact on the day-to-day operations. The impact, however,
is likely to be confined to the work area or function. Delegations may be
exercised and may, depending on the role and function of the position, involve
making decisions, instigating alternate courses of action, or reviewing
previous decisions.
Supervisory responsibilities may be an important
function of a position at this level, but this can vary widely depending on
factors such as work area, location, priorities, workload, operational
deadlines and the availability of staff resources to assist.
At this level complex work is undertaken with limited
direction as to work priorities and the detailed conduct of the task. Positions
may have independence of action including the use and allocation of resources
within the constraints laid down by senior management. Where budgets are an
accountability of the position independence in acting within budget is
permitted.
Skill Descriptors
Authority and accountability: Provides a
specialised/technical service in the completion of work and/or projects which
have elements of complexity (composed of many parts that may be more conceptual
than definite).
Judgement and problem solving: Positions require the
interpretation of information and development of suitable procedures to achieve
agreed outcomes. Problem solving and decision making require
analysis of data to reach decisions and/or determine progress.
Specialist’s knowledge and skills: Experience in the
application of technical concepts and practices requiring additional
training is required at this level.
Management skills: May manage a number of projects
involving people and other resources requiring project control and monitoring
as well as motivation and co-ordination skills.
Interpersonal skills: Interpersonal skills in leading
and motivating staff in different teams/locations may be required, as well as
persuasive skills to resolve problems or provide specialised advice.
Qualifications and experience: Positions at this level
would have supplemented base level professional qualifications with additional
skills training. Considerable practical experience or skills training would be
required to effectively control key elements of the job.
Band 3, Level 3
Positions at this level undertake a management function
or senior specialist role or provide professional direction for a particular
program, activity or service to achieve results in line with the corporate
goals of the council. Positions at this level may be required to undertake the
allocation and monitoring of resources and to contribute to the development of
policy initiatives or corporate strategies.
Skill Descriptors
Authority and accountability: Provides a professional
advisory role to people within or outside council. Such advice may commit the
council and have significant impact upon external parties dealing with council.
The position may manage several major projects or sections within a Department
of the council.
Judgement and problem solving: Positions have a high
level of independence in solving problems and using judgement. Problems can be
multi-faceted requiring detailed analysis of available options to solve
operational, technical or service problems.
Specialist knowledge and skills: The skills and
knowledge to resolve problems where numbers of complex alternatives need to be
addressed.
Management skills: May be required to manage staff,
resolve operational problems and participate in a management team to resolve
key problems.
Interpersonal skills: Interpersonal skills in leading
and motivating staff may be required. Persuasive skills are used in seeking
agreement and discussing issues to resolve problems with people at all levels.
Communication skills are required to enable provision of key advice both within
and outside council and to liaise with external bodies.
Qualifications and experience: Tertiary qualifications
combined with a high level of practical experience and an in-depth knowledge of
work.
Band 3, Level 4
Positions at this level are the most knowledgeable and
skilled across the range of responsibilities in the professional/specialist
level Band.
Positions at this level have a high degree of autonomy
and decisions taken have significant impact on the operation of the
organisation. Delegations exercised may, depending on the role and function of
the position, involve being the final authority in the purposes of approving
expenditure of funds, undertaking specific action in line with council policy,
reviewing any previous action or decision in the work area.
Management responsibilities may form a significant
focus of positions whilst the development of guidelines, rules, regulations,
procedures or instructions for either staff or other interested parties may be
co-ordinated at this level.
Skill Descriptors
Authority and accountability: Accountable for the
effective management of major sections or projects within their area of
expertise. As a specialist, advice would be provided to executive level and to
council on major areas of policy or on key issues of significance to the organisation.
The position's influence would have an important role in the overall
performance of the function.
Judgement and problem solving: Positions would
determine the framework for problem solving or set strategic plans with minimal
review by senior management.
At this level the position may represent senior
management or council in the resolution of problems. The oversight of problem
solving and assessment of the quality of judgements made by less qualified
staff will apply at this level.
Specialist knowledge and skills: Positions require
knowledge and skills for the direction and control of a key function of council
or major functions within a Department. Positions require expert knowledge and
skills involving elements of creativity and innovation in addressing and
resolving major issues.
Management skills: Positions may direct professional or
other staff in the planning, implementation and review of major programs, as
well as participating as a key member of a functional team.
Interpersonal skills: Interpersonal skills in leading
and motivating staff will be required at this level. Positions require the
ability to negotiate on important matters with a high degree of independence.
Positions are required to liaise with the public and external groups and
organisations.
Qualifications and experience: Specialist tertiary
qualifications in an appropriate field of study combined with extensive
practical experience in all relevant areas in order to plan,
develop and control major elements of work.
5. Rates of Pay
Apprenticeship
|
1st year
|
See Part B, Table 1
|
|
2nd year
|
See Part B, Table 1
|
|
3rd year
|
See Part B, Table 1
|
|
4th year
|
See Part B, Table 1
|
Technical/Trades
|
Level 1
|
See Part B, Table 1
|
|
Level 2
|
See Part B, Table 1
|
|
Level 3
|
See Part B, Table 1
|
Professional
|
Level 1
|
See Part B, Table 1
|
|
Level 2
|
See Part B, Table 1
|
|
Level 3
|
See Part B, Table 1
|
|
Level 4
|
See Part B, Table 1
|
The rates of pay as set out in Table 1 - Rates of Pay, of
Part B, Monetary Rates are inclusive of the adult basic wage from time to time
effective.
All rates are entry level rates of pay only, with the
exception of the rates paid to apprentices which shall be actual rates of pay.
An adult apprentice (i.e. a person employed as an apprentice who is 21 years of
age or over at the time of entering into the indenture) shall be paid a rate of
pay no lower than that prescribed for a third year apprentice.
Councils shall introduce a salary system to complement the
skills based structure and rates of pay of the award.
The current weekly rate of pay of an employee for the
purposes of the Workers Compensation legislation shall be the rate paid to the
employee under the salary system.
6. Appointments and
Promotions
(i) Where
it is proposed to make an appointment to a position within the organisational
structure of the council, the position must be advertised in a manner
sufficient to enable suitably qualified persons to apply for the position. This
may be satisfied by internal advertisement, if there are sufficient suitably
qualified employees engaged by council.
(ii) When the
decision is being made to appoint a person to a position:
(a) only a person who has applied for appointment to the
position may be selected; and
(b) from among the applicants eligible for appointment, the
applicant who has the greatest merit is to be selected.
(iii) The merit of
the persons eligible for appointment to a position is to be determined
according to:
(a) the nature of the duties of the position; and
(b) the abilities, qualifications, experience and standard of
work performance of those persons relevant to those duties.
(iv) Subclauses
(i), (ii) and (iii) of this clause do not apply to
any appointment by way of demotion or lateral transfer unless the general
manager decides that those subclauses are to apply to the appointment.
(v) If a position
within the organisation structure of the council is vacant or the holder of
such a position is sick or absent the general manager may appoint a person to
the position temporarily. A person
appointed to a position temporarily may not continue in that position for a
period of more than 12 months.
7. Special Allowances
(i) Allowances
Applicable - except as otherwise provided for in this award, the following
allowances shall be paid to those employees who are required to hold a trade
qualification and are not in a supervisory or technical position in addition to
the rates of pay prescribed herein:
(a)
|
Whilst engaged on unusually dirty work and/or work of a
particularly
|
See Part B, Table 2
|
|
offensive nature
|
|
(b)
|
Whilst working in wet places or outdoors in wet weather
where clothing
|
See Part B, Table 2
|
|
and/or boots became saturated, whether by water, oil or
other liquids
|
|
(c)
|
Whilst working in confined spaces, being a compartment,
space or place,
|
See Part B, Table 2
|
|
the dimensions of which necessitate working in a stooped
or otherwise
|
|
|
cramped position or without
proper ventilation.
|
|
(d)
|
Whilst working underground or in trenches being 4 feet or
more in depth
|
See Part B, Table 2
|
(e)
|
Whilst working with raw sewerage to the extent that the
employee comes
|
See Part B, Table 2
|
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into physical contact sufficient that it attaches to the
employees clothes
|
|
(ii) Multiple
Allowances - allowances prescribed by this clause shall be applied
concurrently, one with the other as the circumstances of the work shall
determine, provided that not more than one of the allowances prescribed in
subclause (i) of this clause, is to be applied at the
same time in which case the highest of such allowance shall apply.
(iii) Paid on
Overtime - allowances prescribed by this clause shall apply during periods of
overtime performed outside the ordinary hours of duty, as the circumstances and
nature of the work require.
(iv) Non-Extended
Payment - allowances prescribed by this clause shall apply only as the
circumstances determine and shall not be applicable in the calculation of any
other benefit or entitlement except in respect of overtime, as prescribed by
subclause (v) of this clause.
(v) Allowances
Indivisible - allowances prescribed by this clause are indivisible and shall be
paid at the rate prescribed for each hour or part thereof.
8. Tool Allowances
(i) Payments
Applicable - except as otherwise provided for in this award, in addition to the
rates of pay prescribed for employees required to supply their own tools of
trade, a tool allowance as set out in item 8 of Table 2 - Other Rates and
Allowances of Part B, Monetary Rates should be paid.
(ii) Complete Tool
Kits - allowances paid to employees in accordance with this clause shall be
deemed to apply in respect of a full range of tools ordinarily used in carrying
out the trade, occupation, duties and functions of the employee's appointed
classification and the employee shall if requested to do so, furnish a list of
such tools which are provided for use on the job.
(iii) Ownership of
Tools - tools for which allowances are paid shall remain the property of the
employee but shall be kept in proper working condition and shall be available
for use by the employee at all times in the exercise of the employee’s duties.
(iv)
(a) Compensation
for Loss of Tools - tools, in respect of which an allowance is paid, shall be
replaced or paid for by the council in the event of their loss or damage by
fire or other cause beyond the employee's control, or in the event of their
theft during any act of breaking and entering of premises or council property
outside the ordinary working hours provided such tools were kept in accordance
with any established provisions for their security.
(b) Provided that
this sub-clause shall not apply if the council has requested the employee to
supply a list of tools required to be kept on the job and the employee has not
supplied such a list. The council has the right to inspect the employee's tools
at regular intervals to ensure that they match the list supplied by the
employee and that they match the requirements of the job. The employee shall be
liable to pay the amount as set out in item 8 of the said Table 2 of each claim
for compensation.
(v) Special Purpose
Tools - allowances prescribed by this clause shall not cover tools required for
special uses or purposes outside of the ordinary trade functions of the
employee's classification.
(vi) Proper
Use of Tools - tools, and other such equipment, implements or articles, issued
to an employee shall be used only in the course of employment duties, and for
the purpose for which they are supplied.
(vii) Care of Tools -
employees shall be responsible for the proper upkeep of all tools, and other
such equipment, implements and articles, issued for their use, and shall
replace or pay for any such items lost or damaged through misuse or negligence
as deemed to be just and reasonable in the circumstances.
(viii) Payment for
Other Purposes - allowances prescribed by this clause shall apply during
periods of absence on annual leave, sick leave, long
service leave and award holidays, but shall not be accountable in the
calculation of any entitlement and/or payment for accrued leave made to the
employee upon termination of service.
(ix) Allowances
Indivisible - allowances prescribed by this clause are indivisible, except
where the allowance has commenced, or ceases to be paid, on a date which does
not coincide with the usual pay period. In this event, the allowance may be divided
by one-fifth for each award-paid day, or part thereof.
9. Terms of Employment
(i) Employees
may by mutual agreement be paid by either the week,
fortnight or other period.
(ii) Council may pay
by cash, cheque or direct credit to the employee's nominated account. Where
council pays by cheque or direct credit, all charges ancillary to such payments
shall be met by council.
(iii) Each council
shall fix a regular payday for the payment of wages where mutually agreed upon
between the council and the employee. Council may alter the payday if there is
prior agreement with employees.
(iv) If
the council and employees cannot agree to alter the method of payment of wages,
the dispute procedure is to be followed.
10. Calculation of
Service
(i) Except
where herein provided an employee’s service with the council shall for all
purposes of the award be taken to be that continuous period from the date of
commencement to the date of termination of employment.
(ii) The following
periods shall be included in the calculation of the employees' service with the
council: -
(a) Any service
with a city, municipality, shire or county council in NSW from which the
employee has been directly transferred including transfer resulting from a
merger, amalgamation or transfer of functions to any newly created public or
private authority.
(iii) The following
periods shall be deducted from the calculation of the employee’s service with
the council:
(a) all absences
taken without payment unless specifically approved and accepted by the council
as service and excepting periods of unpaid sick leave.
(b) any period of employment as a casual employee in accordance
with this award.
11. Hours
A. Spread of Hours
(i) The
ordinary hours for all employees shall be worked between Monday and Friday and
shall not exceed 12 hours in any one day exclusive of unpaid meal breaks.
(ii) Commencing and
finishing times within or outside the spread of hours Monday to Friday as
specified in paragraph (i) of this subclause may be
altered by Agreement between management and the employees concerned. At any stage of discussions either the
employee(s) or the council may seek assistance from the union or association.
(iii) Existing
commencing and finishing times of employees covered by this award will only
change by agreement between those employees and management.
(iv) An
unpaid meal break of a minimum of 30 minutes shall be given and taken within
the first 5 hours continuous work. Thereafter, a paid meal break not exceeding
20 minutes shall be given and taken after a further 5 hours continuous work.
(v) An employee
shall not at any time be compelled to work more than 5 hours without a break
for a meal. If an employee is required to work during the normal meal break
then the employee shall be paid time and one half rates until the meal break is
given.
B. Arrangement of
Hours
Subject to subclause A, Spread of Hours of this clause,
the arrangement of hours shall be:
(i)
(a) The ordinary
hours of work for employees in the professional/specialist band and other
employees who worked 35 hours per week prior to the making of this award, shall
be 35 hours per week.
(b) The ordinary
hours of work for such employees shall be arranged on one of the following
bases:
35 hours within one week provided that at least two
days off shall be granted; or
70 hours within two weeks provided that at least four
days off shall be granted; or
105 hours within three weeks provided that at least six
days off shall be granted; or
140 hours within four weeks provided that at least
eight days off shall be granted.
(ii) The ordinary
hours of work for all other employees shall be 38 hours per week arranged on
one of the following bases:
38 hours within one week provided that at least two
days off shall be granted; or
76 hours within two weeks provided that at least four
days off shall be granted; or
114 hours within three weeks provided that at least six
days off shall be granted; or
152 hours within four weeks provided that at least
eight days off shall be granted.
(iii) A different
arrangement of hours to that provided for in paragraphs (i)
and (ii) of this subclause may be agreed upon between management and the
employees concerned. At any stage of discussions either the employee(s) or
council may seek assistance from the union or association.
C. General
(i) Any
agreement to alter the spread or arrangement of hours as existed prior to the
introduction of this award must be genuine with no compulsion to agree.
(ii) If no
agreement can be reached between the employees and council concerning the
spread or arrangement of hours then the matter shall be referred to the
appropriate industrial tribunal.
12. Part-Time and
Casual Employees
(i)
(a) A part-time
employee shall mean an employee who is engaged to work a regular number of
hours which are less than the full-time ordinary hours prescribed by the award.
(b) Such employee
shall receive all the conditions prescribed by the award on a pro-rata basis of
the regular hours worked.
(c) Where a public
holiday falls on a day which a part-time employee would have regularly worked,
the employee shall be paid for the hours normally worked on that day.
(d) Nothing in this
clause shall restrict council's ability to enter into job sharing arrangements
with its employees.
(ii)
(a) A casual
employee shall mean an employee engaged on a day to day basis.
(b) A casual
employee shall be paid a twenty per cent loading on the appropriate hourly rate
for every hour worked. This loading
shall be paid in lieu of all leave prescribed by the award.
(c) A casual
employee shall not replace an employee of council on a permanent basis.
13. Overtime
(i) Except
where otherwise provided, all time worked by direction before the agreed
commencement of ordinary hours or later than the agreed completion of ordinary
hours shall be paid for at the rate of time and a half for the first two hours
and double time thereafter.
(ii) Overtime worked
on Saturday shall be paid for at the rate of time and a half for the first two
hours and double time thereafter, provided any overtime worked after 12 noon
Saturday shall be paid at double time.
(iii) Overtime worked
on Sunday shall be paid for at the rate of double time.
(iv) Overtime
worked on any day, whether in broken periods or not, shall be regarded for the
purposes of the payment of overtime as continuous.
(v) An employee
recalled to work overtime without receiving prior notice before ceasing work
shall be entitled to a minimum of four hours pay at the appropriate overtime
rate for each time the employee is so recalled or performs such work. Provided that any subsequent call backs occurring within a
four-hour period of a call back shall not attract any additional payment.
Except in the case of unforeseen circumstances arising, the employee shall not
be required to work the full four hours if the job the employee was recalled to
or which the employee was required to perform is completed within a shorter
period. This subclause shall not apply in cases where the overtime is
continuous, subject to a reasonable meal break, with the completion or
commencement of ordinary working time or where it is customary for an employee
to return to the place of work to perform a specific job(s) outside the
employee's normal hours.
(vi) An
employee required to work overtime shall be entitled to have at least 10
consecutive hours off duty between the completion of overtime on one day and
the commencement of ordinary hours on the next working day without loss of pay.
If an employee is instructed to resume work without having had 10 consecutive
hours off duty, the employee shall be paid at double ordinary rates until
released from duty and then shall be entitled to a 10-hour break without loss
of pay for hours normally worked. This
subclause shall not apply to employees on a call back unless required to work
for four hours or more.
(vii) Overtime shall
be claimed within 30 days of it being worked.
(viii) Where there is
prior agreement between the council and the employee, an employee directed to
work in excess of ordinary hours may elect either to be paid the appropriate
overtime rate or be granted equivalent time off in lieu of the hours worked.
(ix) Where an
employee, after having worked overtime, finishes work at a time when reasonable
means of transport, including the employee’s own vehicle, are not available the
council shall provide the employee with a conveyance to the employee’s home or
pay the employee at the ordinary time rate of pay for the time reasonably
occupied in reaching such home. The employee shall be required to advise
council at the time that the overtime is being arranged that the employee will
be unable to conveniently travel home after working overtime.
14. On
Call
(i) For
the purposes of this award, an employee shall be deemed to be on call if
required by the council to be available for duty outside of ordinary hours at
all times in order to attend emergency and / or breakdown work.
(ii) Employees who
are required to be on call are not required to remain at their usual place of
residence or other place appointed by council. However, an on call employee
must be able to be contacted and be fit for duty and is required to proceed
directly to and from the job without any unnecessary delay.
(iii) Employees
required to be on call for any period outside their ordinary hours shall be
paid an on call allowance as set out in item 14 of Table 2 - Other Rates and
Allowances of Part B, Monetary Rates, whilst the employee is required to be on
call.
(iv)
(a) Any employee
engaged prior to 1 July 1995 who is placed on call and is required to work
outside his/her ordinary hours shall be entitled to be paid double time for the
time worked.
(b) For an employee
engaged prior to 1 July 1995 the minimum time payable for each call out shall
be based on at least one hour at double time.
(c) For an employee
engaged on or after 1 July 1995 who is placed on call and is required to work
outside his/her ordinary hours shall be entitled to be paid overtime at the
appropriate rate for time worked.
(v)
(a) Any employee
engaged prior to 1 July 1995 who is required to be on call on a public holiday
shall have one day added to the employee's annual leave.
(b) Any employee
engaged on or after 1 July 1995 who is required to be on call on a public
holiday shall have one half day added to the employee’s annual leave.
(vi) Employees
on call and standing by shall not be required to be constantly available for on
call duties beyond a period of four weeks, where there are other employees
available for such duty. Where there are no other employees available for
inclusion on a roster then the employee concerned shall have at least one
weekend (comprising two consecutive days) off duty in each period of four weeks
without reduction of the allowance paid.
(vii) The allowance
paid under this clause shall continue to be paid to the employee during periods
of annual leave, long service leave, sick leave and workers compensation, on
the basis of his/her usual payment, provided that the employee has been on call
and standing by constantly for a period of at least one month prior to such
leave occurring.
(viii) For the purpose
of this clause a call out shall commence from the time the employee receives
notification of a call out, and ceases when the employee has returned home from
such call out.
15. Meal Breaks and
Allowances for Overtime Work
(i) An
employee who, having been so instructed, works overtime for two hours or more
prior to the agreed commencing time shall be paid a meal allowance as set out
in item 15 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates.
(ii)
(a) An employee
who, having been so instructed, works overtime for 1 1/2 hours or more
immediately after the agreed finishing time shall be allowed a meal break of 20
minutes which shall be paid for at the appropriate overtime rate. The employee
shall also be entitled to a meal allowance as set out in the said item 15.
(b) Where overtime
worked continues immediately after the agreed finishing time for 4 hours or
more the employee shall be allowed a further meal break of 20 minutes which
shall be paid for at the appropriate overtime rate. The employee shall also be
entitled to a meal allowance as set out in item 15 of the said Table 2.
16. Holidays
(i) The
days on which holidays shall be observed are as follows: New Years Day, Australia Day, employees picnic day (to be held
on such day as is mutually agreed between the council and the majority of all
of its employees) Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queens Birthday, Labour Day, Christmas Day, Boxing Day and/or proclaimed public
holidays.
(ii) Where any of
the holidays prescribed by this award fall on a day ordinarily worked by the
employee, the employee shall not have a reduction in ordinary pay.
(iii) An employee who
absents himself/herself from duty without the approval of the council on the
working day prior to and the working day following any holiday shall not be
entitled to payment for such holiday.
(iv)
(a) For an employee
engaged prior to 1 July 1995, time worked on a holiday by that employee within
the employees normal working hours shall be paid for at double ordinary rates
for the time so worked in addition to the ordinary days
pay.
(b) For any
employee engaged prior to 1 July 1995, time worked on a holiday by that
employee outside the employees normal working hours shall be paid for at double and one half ordinary rates.
(c) For any
employee engaged on or after 1 July 1995, who is required to work on a holiday
as prescribed by this clause, the employee shall be paid at double time and a
half inclusive of payment for the day with a minimum payment of 4 hours worked.
(d) Where an
employee is required to work ordinary hours on a holiday as prescribed by this
award, the council and the employee may agree that the employee be paid time
and a half for the hours worked on the holiday and in addition be granted a day
off at ordinary time for the holiday. Such leave shall be taken at a mutually
convenient time.
17. Annual Leave
(i) Annual
leave of absence, consisting of four weeks at the ordinary rate of pay
exclusive of award holidays observed on a working day, shall be granted to an
employee who has given twelve months' service and shall be taken on its due
date or as rostered within the ensuing twelve months, excepting under special
circumstances as approved by the council whose decision shall be final.
(ii)
(a) Where a
rotating annual leave roster, as agreed upon by the council and the Union
concerned, is put into operation, for the purpose only of working of such
roster system, the council may allow annual leave to be taken before its due
date.
(b) Where an
employee has been allowed annual leave before its due date and the employee’s
service is terminated any amounts paid in advance of the entitlement shall be
deducted from the termination pay.
(iii) On resignation
or termination of employment, the council shall pay to the employee any accrued
annual leave. In addition, the employee shall be paid annual leave on a
proportionate basis being equal to one twelfth of the employee's ordinary
weekly rate of pay for each completed week of service. The amount payable shall be calculated
according to the ordinary rate of pay applicable at the date of termination of
service.
Provided that the employee shall not receive payment
for more than four weeks annual leave for any period of twelve months.
(iv) Annual
Leave Loading - Employees entitled to annual leave under this award shall
receive, in addition to such entitlements, a monetary loading of seventeen and
one half per cent, calculated and payable as follows:
(a) Such loading
shall apply only to annual leave entitlements and not to any additional days
(or other time) added to an employee's annual leave to compensate for working
on an award holiday or for any other reason or purpose provided for by this
award.
(b) Payment of the
loading shall be calculated upon the employee's ordinary time rate of pay
pertaining at the time such leave is taken or otherwise discharged.
(c) When the
employment of an employee is terminated by council for any reason other than
misconduct and such employee has not taken the whole of the annual leave
entitlement accrued, other than any pro-rata annual leave entitlement, the
employee shall be entitled to loading on such accrued annual leave.
(d) Where, by
arrangement with the council, annual leave is taken in advance of it falling
due, such loading may at the council’s discretion also be applied in advance
with the leave taken.
(e) Such loading
shall be paid at the commencement of each period of annual leave as taken
(i.e., not later than the employee's usual ceasing time on the last working day
prior to the employee going on leave).
18. Sick Leave
(i) An
employee who is unable due to illness or injury to attend for duty shall be
entitled to sick leave of absence without deduction of pay on the following
conditions:
(a) the employee
may be required to produce or forward evidence satisfactory to the council that
the illness or injury is such that it justifies the time off and does not arise
from serious misconduct and;
(b) that the illness or injury does not arise from engaging in
other employment concurrent with employment with the council; and;
(c) that the
illness or injury does not arise out of or in the course of employment such
that it is compensable under the relevant Workers Compensation legislation and;
(d) that proof of
incapacity such as to justify payment must be given after more than two days
absence or after three separate periods of absence in each service year and;
(e) that employees
engaged prior to 1 July 1995 shall be entitled to accumulate sick leave upon
completion of the following continuous service with council: or
After first 3 months an initial
|
3 days
|
After first 6 months a further
|
4 days
|
After first 12 months a further
|
8 days
|
After first 18 months a further
|
6 days
|
After first 24 months a further
|
9 days
|
After first 36 months a further
|
15 days
|
After first 48 months a further
|
15 days
|
After first 60 months a further
|
18 days
|
After each additional 12 months a further
|
18 days
|
(f) That employees
engaged on or after 1 July 1995 shall be entitled to accumulate sick leave on
the basis of 5 days after 3 months service with the council provided that after
each 12 months service the employee shall be entitled to 15 days sick leave.
(ii) Sick leave not
taken shall accrue and accumulate and shall be taken with the last entitlement
being taken first.
(iii) Where an
employee has had 10 years service with the current
council and has exhausted all sick leave available,
the council may grant such additional sick leave as, in its opinion, the
circumstances warrant.
(iv) In the event of
the retirement of an employee who was engaged by council prior to 1 July 1994
the employee shall be paid all untaken sick leave accrued at the current
council standing to the employee’s credit at the date of retirement subject to
the provisions of Section 14 of Schedule 4 of the Industrial Relations Act 1996.
Retirement age means termination of an employee's
service with the council at any time after the employee attains the age of 55
years.
(v) If the employee
becomes sick or is injured whilst on annual leave and produces within a
reasonable time, satisfactory medical evidence that the employee is unable to
derive benefit from annual leave, the employee shall be granted, at a time
convenient to council, additional leave equivalent to the period of sickness or
injury occurring within the scheduled period of annual leave; provided that the
period of sickness or injury is at least seven consecutive days.
(vi) If the employee
becomes sick or injured whilst on long service leave and produces within a
reasonable time satisfactory medical evidence that the employee is unable to
derive benefit from the taking of such long service leave, the employee shall
be granted, at a time convenient to the council, additional leave equivalent to
the period of sickness or injury occurring within the scheduled period of long
service leave, provided that the continuous period of sickness or injury is
equivalent to at least one quarter of the period of long service leave taken,
or two weeks, whichever is the shorter period and provided further, that such
leave shall be debited against the employee's sick leave entitlement.
(vii) Accumulated sick
leave shall be transferable on change of employment from one council to another
council within New South Wales to the extent of not more than 13 weeks.
(viii) The council may
request employees to attend council’s doctor at council’s cost.
19. Carer’s Leave
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 20(1)(c) who needs the employee’s
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for at clause 19, Sick
Leave of the award, for absences to provide care and support for such persons
when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single
day.
(b) The employee
shall, if required,
(1) establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person, or
(2) establish by production of documentation acceptable to the
employer or a statutory declaration, the nature of the emergency and that such
emergency resulted in the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) The
employee being responsible for the care of the person concerned; and
(ii) The person
concerned being:
(a) A spouse of the
employee; or
(b) A de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) A child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) A same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) A relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
(1) "relative" means a person related by blood, marriage or
affinity;
(2) "affinity" means a relationship that one spouse because
of marriage has to blood relatives of the other; and
(3) "household" means a family group living in the same
domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 33, Disciplinary, Grievance and Dispute
Procedures, should be followed.
(2) Unpaid Leave
for Family Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a class of person set out in 20(1)(c) above who is ill or who requires care due
to an unexpected emergency.
(3) Annual Leave
(a) 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
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and
council may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are taken.
(d) An 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.
(4) Time Off in
Lieu of Payment for Overtime
(a) For the purpose
only of providing care and support for a person in accordance with subclause
(1) of this clause, and despite the provisions of 13, Overtime, the following
provisions shall apply.
(b) An employee may
elect, with the consent of the council, to take time off in lieu of payment for
overtime at a time or times agreed with the employer within 12 months of the
said election.
(c) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
(d) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(e) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee may
elect, with the consent of the council, to work "make-up time", under
which the employee takes time off ordinary hours, and works those hours at a
later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the council, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off
(a) An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee may
elect, with the consent of the council, to take rostered days off in part day
amounts.
(c) An employee may
elect, with the consent of the council, to accrue some or all rostered days off
for the purpose of creating a bank to be drawn upon at a time mutually agreed
between the council and employee, or subject to reasonable notice by the
employee or the council.
(d) This subclause
is subject to the council informing each union which is both party to the award
and which has members employed at the particular enterprise of its intention to
introduce an enterprise system of RDO flexibility, and providing a reasonable
opportunity for the union(s) to participate in negotiations.
(7) Personal Carers
Entitlement for casual employees
(1) Subject to the
evidentiary and notice requirements in 20(1)(b) and
20(1)(d) 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
20(1)(c) of this clause who are sick and require care and support, or who
require care due to an unexpected emergency, or the birth of a child.
(2) 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 casual employee is not entitled to any
payment for the period of non-attendance.
(3) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
20. Bereavement Leave
(i) An
employee other than a casual employee shall be entitled to up to two days
bereavement leave without deduction of pay on each occasion of the death of a
person prescribed in subclause (iii) below.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of clause 19(1)(c)(ii) of this award provided that
for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
(iv) An
employee shall not be entitled to bereavement leave under this clause during
any period in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under clause
19(2), (3), (4), (5) and (6) of this award. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
(vi) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in 20(ii) casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 19(1)(c) of clause
19, Carer's Leave.
(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 casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
20A.
Parental Leave
(1) Refer to the Industrial Relations Act 1996
(NSW). The following provisions shall
also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).
(2) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee or employee's spouse is pregnant; or
(b) the employee is or has been immediately absent on parental
leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the period of simultaneous unpaid parental leave
use up to a maximum of eight weeks;
(ii) to extend the period of unpaid parental leave for a further
continuous period of leave not exceeding 12 months;
(iii) to return from a period of parental leave on a part-time
basis until the child reaches school age;
to assist the employee in
reconciling work and parental responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 20A(3)(a)(ii) and 20A(3)(a)(iii) must be
recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
20A(3)(a)(iii), such a request must be made as soon as possible but no less
than seven weeks prior to the date upon which the employee is due to return to
work from parental leave.
(4) Communication
during parental leave
(a) Where an employee
is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing 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 the employee held before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
21. Leave Without Pay
(i) Periods
of leave without pay other than approved sick leave without pay taken at a time
mutually convenient to Council and the employee shall not be regarded as
service for the purpose of computing long service leave, sick leave, annual
leave or annual leave loading. Such
periods of leave without pay shall not however, constitute a break in the
employee's continuity of service.
(ii) Where an
employee is absent from work on approved leave without pay, he/she shall not be
entitled to payment for any holiday which occurs during the period of absence.
22. Long Service Leave
(i) Except
as hereinafter provided, an employee upon completion of 10 years continuous
service with the presently employing Council shall be entitled to long service
leave on full pay as follows:
(a) For employees
engaged by the Council prior to 1 July 1995
Length of Service
|
Quantum of Leave
|
After 10 years
|
13 weeks
|
After 15 years
|
a further 8.5 weeks
|
After 20 years
|
a further 13.5 weeks
|
After every completed period of 5 years
|
a further 13 weeks
|
(b) For employees
engaged by the Council on or after 1 July 1995
Length of Service
|
Quantum of Leave
|
After 10 years service
|
13 weeks
|
After 15 years service
|
a further 6.5 weeks
|
After 20 years service
|
a further 11 weeks
|
For every completed period of 5 years
|
|
service thereafter
|
11 weeks
|
(ii) Where an
employee has completed at least five years service
but less than ten years service with the Council, and
his/her employment is terminated by the Council for any cause or by the
employee on account of illness or incapacity or domestic or other pressing
necessity or death, the Council shall pay to such employee the monetary
equivalent of a proportionate amount on the basis of 1.3 weeks
pay for each year of service computed in monthly periods.
(iii) Long service
leave shall be taken at a time mutually convenient to the Council and employee
in minimum periods of 4 weeks provided that all long service leave accruing on
or after 23 June 1988 shall be taken within 5 years of it falling due at a
mutually convenient time.
(iv) For the purpose
of this clause continuity of service shall be deemed not to have been broken by
transfer or change of employment from one Council to another provided the
period between cessation of service with one Council and appointment to the
service of another Council does not exceed three months and such period is
covered by accrued annual and long service leave standing to the credit of the
employee at the time of transfer; provided further that the employee concerned
does not accept employment of any kind during the period of paid leave between
the cessation of service with one Council and appointment to the service of
another council.
(v) For the purpose
of this clause service shall include the following periods;
(a) In the case of
an employee transferred to the service of a Council of a new or altered area -
any period of service with the Council from which such employee was
transferred.
(b) Service shall mean
all services with a Council irrespective of the classification under which the
employee was employed.
(c) There shall be
deducted in the calculation of the employee's service all leave of absence
without payment not specifically acknowledged and accepted by Council as
service at the time leave was taken but excepting periods of unpaid sick leave.
(vi)
(a) For the purpose
of calculating long service leave entitlement in accordance with subclause (i) of this clause, all prior continuous service with any
other Council or Councils shall be deemed to be service with the Council by
which the employee is currently employed.
For the purpose of this subclause continuous service
shall be in accordance with subclause (iv) of this
Clause.
(b) Where an
employee transfers from one Council to another, the former Council shall pay to
the newly employing Council the monetary equivalent of long service leave for
the period of service computed in completed months with the former Council and
in respect of which long service leave has not already been taken or paid for
in lieu and calculated on the basis prescribed in subclause (i) of this clause at the rate of salary payable on the date
of transfer of the employee.
Where an employee has completed at least 10 years continuous
service with the Council and previously employing Council(s) as prescribed in
this Clause, the employee may elect to be paid the monetary equivalent of the
entitlement to such leave in lieu of having the monetary equivalent of long
service leave standing to the employee's credit transferred to the newly
employing Council.
A statement showing all prior continuous service with
the Council or Councils of the employee concerned shall be furnished together
with details of the assessment of the amount forwarded. Upon receipt of such
amount the money shall be paid into a long service leave reserve account and
suitable notations made in the Council's Long Service Leave Record.
(vii) All long service
leave already taken with the Council and with other Councils or bodies
established under Local Government Legislation, and/or the equivalent of any
such leave represented by a cash payment in lieu thereof paid to the employee
upon termination of service with any such bodies, shall be deducted from the
accrued leave at credit to the employee, as calculated in accordance with this
Clause.
(viii) A Council which
has received under paragraph (b) of subclause (vi) of this clause a monetary
equivalent for Long Service leave entitlement to cover an employee's period of
service with a previously employing Council or Councils shall if the employee
subsequently leaves the service of that employing Council to seek employment
outside Local Government before a long service leave entitlement has become
due, refund to such previously employing Council(s) any amount(s) which were
received as monetary equivalent from such Council(s).
(ix) Payment to an
employee proceeding on long service leave shall be made by Council before the
employee enters upon the leave.
(x) When the
service of an employee with more than 10 years service
is terminated for any cause, long service leave shall be deemed to have accrued
for the employee’s total length of service and an amount equivalent to such
accrued long service leave, less such leave already taken, computed in monthly
periods shall constitute the employee’s entitlement.
(xi) Where an
employee has become entitled to a period of leave, and the employee’s
employment is terminated whether by resignation, death or dismissal for any
cause, the employee shall be deemed to have entered upon leave at the date of
termination of such employment and shall be entitled to payment accordingly.
(xii)
(a) For employees
engaged by Council prior to 1 July 1995 long service leave shall be exclusive
of all award holidays which occur during the period of such leave.
(b) For employees
engaged by Council on or after 1 July 1995. Long service leave provided by this
Clause shall be exclusive of annual leave but inclusive of any other holidays
occurring during the taking of any period of long service leave.
(xiii) When the service
of an employee is terminated by death the Council shall pay to the employee's
spouse or dependant children or legal representative
as the Council shall determine the monetary equivalent of any untaken long
service leave standing to the employee's credit at the time of death.
(xiv) Full pay shall
mean the salary prescribed in this award and in the case of an employee who
enters upon a period of leave such salary as is applicable to the said period
of leave. In the case of an employee who dies after having become entitled to
but not having entered upon a period of leave such salary as is applicable at
the date of such death.
23. Training
A. Trade Union
Training Leave
(i) An
employee may make application to the council for paid leave to attend a trade
union training course. The granting of such leave is subject to the council's
approval both in respect of the aggregate leave provided and the number of
employees attending.
(ii) A council’s
approval of any application for leave provided by this clause is subject to:
(a) The taking of
the leave shall be dependent upon the council being able to make adequate
staffing arrangements.
(b) Courses should
be legitimate training courses run by or approved by the Trade Union Training
Authority (TUTA) when relevant approved education content of an industrial
relations nature, and not courses run by trade unions
or T.U.T.A. for the conduct of union business or any furtherance of their own
affairs.
(c) Training
courses should be for union delegates or workplace representatives for whom the
approved course is of relevance.
(d) Written
application and at least six weeks notice for release
of employees should be made to the council by the official union body. (Council
may accept a period of notice which is less than six weeks). A copy of the
course syllabus should accompany every application.
(e) Paid leave will
be at the ordinary rate of pay for ordinary working hours only, with no
reimbursement for overtime, travel time, expenses of other award benefits.
(f) An employee
must have one year's service with council before leave can be granted.
(g) Leave granted
will not incur additional payment to the extent that the course attended
coincides with an employee’s rostered day off or other concessional leave.
(h) No council
shall be called upon to pay more than 10 days leave per calendar year
irrespective of the number of council's employees who attend the above
mentioned courses. Such leave shall not
accumulate from year to year.
B. Council
Training
(i)
(a) The parties to
this award recognise that in order to increase the efficiency and productivity
of the industry a greater commitment to training and skills development
enhancement and maintenance is required.
Accordingly, the parties commit themselves to:
1. developing a more highly skilled and flexible workforce;
2. providing employees with career opportunities through
appropriate training to acquire additional skills; and
3. removing barriers to the utilisation of skills acquired in
accordance with the training plan.
(b) Council shall
develop a training plan consistent with:
1. the current and future skill needs of the Council;
2. the size, structure, and nature of the operations of the
council;
3. the need to develop vocational skills relevant to the
council employees and the Local Government industry through courses conducted
by both public and private providers.
(c) If an employee
is required to undertake a course which will develop skills relevant to the
current and future needs of the council and the industry, and is consistent
with the council's training plan:
1. The council
shall grant the employee paid leave to attend course requirements where the
training is undertaken during ordinary working hours;
2. Where the
course requirements contain more than a 15% off-the-job component calculated
over any 12-month period the extent to which council will grant paid leave to
attend such course requirements must be specified in the training plan.
3. Council shall
pay course fees at the commencement of each stage but shall not pay if the
employee is repeating; and
4. Council shall
either provide transport or pay reasonable travelling expenses to enable
employees to attend course requirements.
(d) Council may
grant an employee undertaking a course consistent with council's training plan,
although not at council's requirement, leave with pay or leave without pay to
attend course requirements provided that the employee gives reasonable notice
of such requirements. Where the employee is not granted such leave council
shall give preference in granting annual leave or other accrued leave to attend
course requirements provided that the employee gives reasonable notice of such
requirements. Council may pay course fees at its discretion.
(ii) Entry Level
Training
Entry level training includes:
(a) Induction level
training which adjusts and enhances skills learned outside of the Local
Government industry to the service criteria of a tier of Government;
(b) Career
Foundation training that allows new employees to earn skills within a
particular vocation appropriate to Local Government, such as Australian
Traineeship Scheme (ATS) students; apprenticeship students; or technical and
professional students.
(iii) Career Path
Development
(a) This award
provides councils and employees with the opportunity to develop career
structures within the award. The emphasis of the career path is to provide and
develop new skills through a structured training program to allow mobility
through skill bands. The establishment of skill-related career paths will
provide an incentive for workers to continue to participate in skills
formation.
(b) To provide for
genuine and equitable career path opportunities, employees covered by this award
shall be given reasonable opportunity to progress by participating in the
training plan.
(iv) Multi-Skilling
(a) This award aims
to develop a workforce with a wide range of skills and abilities by providing
employees with an opportunity to build long term career paths. It also aims to
eliminate impediments to multi-skilling and broadening the range of tasks which
a worker may be required to perform. In this way, the award ensures that work
patterns and arrangements enhance flexibility and the efficiency of the
industry.
(v) Training
Modules
(a) A training
module is a stand-alone course which supplies part of the required training for
each step within the skill band.
(b) Training
modules are designed to allow each council to choose the modules relevant to
its skills requirements, and employee to choose the modules that further their
careers.
(vi) Training
Plan
(a) This award
allows for each council to construct a training plan that sets out the modular
courses that are relevant to its skills maintenance, development and
enhancement in accordance with the skills bands and levels of this award.
(b) A training plan
shall be designed in consultation with the consultative committee from an
analysis of training needs identified within each council.
(c) Selection of
participants to receive council required training in accordance with council's
training plan is to be based on merit.
(vii) Skills Applied
(a) In order that
both employees and employers have confidence in the ability of employees to
apply skills acquired through the training provisions of this award, skill
standards are expressed in terms of competencies and application of skills is
expressed in terms of performance criteria.
(b) Competencies -
A competency is the ability to perform the activities within an occupation or
function to the standard expected in employment. Key features of competencies
are:
1. related to realistic workplace practices;
2. expressed as
an outcome;
3. capable of
demonstration and assessment;
4. complementary
to their performance criteria
5. comprehensible to trainees, supervisors and employers; and
6. for complex and non-routine work, expressed in terms that
allow for critical thinking, problem solving and the possibility of no one
correct solution.
(c) Performance
Criteria - Performance criteria are statements by which an assessor evaluates
the evidence that an individual can perform the activity specified in a
statement of competence to a level acceptable in employment including measures
of quality as well as quantity where appropriate.
Performance criteria should consist of outcomes and
evaluative statements.
(viii) Skills Acquired
Acquired skills are to be assessed both on and off the
job to supply objective evidence to council that employees have acquired the
necessary skills through training.
24. Travelling
Allowance
(i) The
provisions of this clause will not be applicable to employees who are required
to start and/or finish in the council depot, workshop or other agreed starting
point. Nor will it be applicable to employees who are provided, or the council
has offered to provide, transport from the employee’s residence or normal
starting point to the work site and return, free of charge to the employee.
(ii) An employee who
is required to commence and/or finish work at a location away from the
employees normal starting point at the normal starting and/or finishing times
or is required to start overtime work at a location away from the normal
starting place shall be paid a travelling allowance as set out in item 24 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates:
Where the employee works at a distance from the depot
greater than:
0 but not more than 10 km
|
See Table 2 - Other Rates and Allowances
|
More than 10km but not more than 20km
|
See Table 2 - Other Rates and Allowances
|
More than 20km but not more than 30km
|
See Table 2 - Other Rates and Allowances
|
More than 30km but not more than 40km
|
See Table 2 - Other Rates and Allowances
|
More than 40km but not more than 50km
|
See Table 2 - Other Rates and Allowances
|
Each additional km in excess of 50kms
|
See Table 2 - Other Rates and Allowances
|
This clause does not apply to travelling involved in
after hours on-call work.
25. Higher Paid Work
(i) A
Council may direct an employee to carry out such duties as are within the
limits of the employee's skills, competence and training.
(ii) An employee
required to relieve in a higher paid position shall be paid according to the
skills and knowledge possessed to undertake the higher duties but at a rate at
least equal to the entry salary of the level and band in which the employee is
relieving.
(iii) Subject to the
right of the employee to elect to take a position in a lower grade or to have
the employee’s services terminated by the council any employee may be
reclassified to a lower grade provided no less than two weeks’ notice in
writing of the council's intention so to do is given; provided that where an
employee is so reclassified there shall be no reduction in pay if the
employment in the lower grade is for less than four weeks.
26. Clothing
(i) Clothing
shall be provided for employees in accordance with Schedule A,
Clothing Regulations to this award.
27. Driving of Motor
Vehicles
(i) Driver's
Licences - an employee appointed to a position, the duties of which, require
the employee to hold a motor vehicle driver's licence or motor cycle rider's
licence, shall be reimbursed the annual cost of such licence by the Council
provided that:
(a) Where an
employee is eligible for and elects to renew a licence for a period of more
than one year, the Council may reimburse the employee each year an amount equal
to the pro-rata annual cost.
(b) The Council may
elect to reimburse the full cost of an employees' multiple year licence. Where
the Council elects to reimburse in full the cost of a multiple year licence,
and subsequently;
(i) the employee's service is terminated for any reason;
(ii) the employee's licence is revoked, suspended or cancelled;
or
(iii) the employee ceases to carry out duties requiring the
employee to drive a vehicle; then the Council shall be entitled to deduct from
the wages or salary due to the employee the balance of the yearly proportionate
value of the licence.
(c) The Council
shall not be liable to reimburse any cost of a probationary licence or any
penalty imposed on an employee because of traffic infringements by the
employee.
(ii)
(a) Use of Private
Vehicles: Where, by mutual arrangement between the Council and the employee
concerned, the employee supplies a privately owned motor vehicle and/or other
equipment associated therewith, on a regular basis for use in the Council's
official business, the parties shall agree upon a mutually acceptable allowance
for the use and depreciation thereof; provided that, in the case of a motor
vehicle, which is available continuously for use when the employee is on duty,
the allowance payable shall be calculated at not less than:
|
Kilometres Travelled Each Year on Official
|
|
Business Cents Per Kilometre
|
Under 2.5 litres (nominal engine capacity)
|
See Table 2 - Other Rates and Allowances
|
2.5 litres (nominal engine capacity) and over
|
See Table 2 - Other Rates and Allowances
|
(b) a minimum
payment at the rate of (See Table 2 - Other Rates and Allowances) per annum,
paid quarterly to the extent only of any deficiency between the total minimum
travelling rate provided under this subclause and the quarterly payment
relating to the same period; and similarly, to the extent only of any such
deficiency when related and reconciled at the end of each four quarterly
periods; with
(c) such quarterly
periods to be extended by any time in which the vehicle is not available to the
Council, including absence by the employee whilst on long service leave and/or
annual leave in excess of four weeks in any service year and/or sick leave in
excess of three weeks.
(iii) Casual use of
Motor Vehicles - an employee who by arrangement, uses a privately owned motor
vehicle in the course of, or in connection with, the employees employment, on
an intermittent, irregular or casual basis shall be paid for such casual use at
the rate set out in paragraph (a) of subclause (ii) of this clause.
(iv) Termination
of Agreement - an agreement for the supply and use of a privately owned motor
vehicle under this clause may be terminated by the Council giving the employee
or by the employee giving the Council six months' notice of such intention to
terminate the agreement.
28. Industry Allowance
An industry allowance as set out in item 28 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates shall be paid to all
employees aged twenty years and over who are paid in accordance with the
provisions of this award. The allowance shall be paid for all purposes of the
award with the exception of travelling time, overtime and other penalty rates.
29. Termination of
Employment
(i) An
employee shall give to council 2 weeks notice of
their intention to terminate their employment. If no such notice is provided,
council shall be entitled to deduct pay equivalent to the required notice from
any entitlements payable under this award.
(ii) A council and
an employee may agree to a shorter period of notice for the purpose of this
subclause, in special circumstances.
(iii) The council
shall give to an employee a period of notice of termination in accordance with
the scales set out in subclauses (iv) and (v) of this
clause or by payment in lieu thereof. Provided, where the employee’s services
are terminated by reason of misconduct no such notice shall be required.
(iv) If
the employee is 45 years of age or less -
Employee's Period
of Continuous Service
|
Period of Notice
|
Less than 3 years
|
At least 2 weeks notice
|
3 years and less than 5 years
|
At least 3 weeks notice
|
5 years and beyond
|
At least 4 weeks notice
|
(v) If the employee
is over 45 years of age
Employee's Period
of Continuous Service
|
Period of Notice
|
Less than 2 years
|
At least 2 weeks
|
2 years and less than 3 years
|
At least 3 weeks
|
3 years and less than 5 years
|
At least 4 weeks
|
5 years and beyond
|
At least 5 weeks
|
(vi) The
provision of this clause shall be read subject to the provisions of Clause 30
Redundancy and Technological Change.
30. Redundancy and
Technological Change
(i) Council's
Duty to Notify
(a) Where a council
has made a definite decision to introduce major changes in production, program,
organisation structure or technology that are likely to have significant
effects on employees, the council shall notify the employees who may be
affected by the proposed changes and the unions to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the council's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where the award makes provision for the
alteration of any of the matters referred to herein an alteration shall be
deemed not to have significant effect.
(ii) Council's Duty
to discuss Change
(a) Council shall
discuss with the employee(s) affected and the union to which they belong, inter
alia, the introduction of the changes referred to in sub-clauses (i) of this clause, what affects the changes are likely to
have on the employee(s) and measures to avert of mitigate the adverse changes
on the employee(s) and shall give prompt consideration to matters raised by the
employee(s) and/or their union in relation to the changes.
(b) The discussion
shall commence as early as practicable after a definite decision has been made
by the council to make the changes referred to in subclause (i).
(c) For the
purposes of the discussion, the council shall provide to the employee(s)
concerned and the union to which they belong, all relevant information about
the changes including the nature of the changes proposed, the expected effects
of the changes of the employee(s) and any other matters likely to affect the employee(s).
(iii) Discussion
Before Termination
(a) Where a council
has made a definite decision that it no longer wishes the job the employee has
been doing done by anyone pursuant to subclause (i)
and that decision may lead to the termination of employment, the council shall
hold discussions with the employee directly affected and with the union to
which they belong.
(b) The discussion
shall take place as soon as it is practicable after the council has made a
definite decision which shall invoke the provision of paragraph (a) of this
subclause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of the terminations of the employee(s) concerned.
(c) For the
purposes of the discussion, the council shall, as soon as practicable, provide
to the employee(s) concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for effects
and the number of employee(s) normally employed and the period over which the
terminations are likely to be carried out. Provided that the council shall not
be required to disclose confidential information the disclosure of which would
adversely affect the council.
(iv) Notice
to Centrelink
Where a decision has been made to terminate employees,
the council shall notify Centrelink as soon as
possible giving relevant information including the number and categories of the
employees likely to be affected and the period over which the terminations are
intended to be carried out.
(v) Notice of
Termination
(a) Four weeks notice to terminate or pay in lieu thereof shall be
given except in cases where the employee is 45 years of age or over with 5 years service, where 5 weeks notice
shall be given.
(b) Where an
employee is to be terminated because of the introduction of technology the
employee shall be entitled to the following:
(i) Three (3) months
notice of termination or
(ii) Payment in lieu
of the notice in subparagraph (i) of this paragraph.
Provided that employment may be terminated by part of the period of notice
specified and part payment in lieu thereof.
(iii) Notice or
payment in lieu of notice under this paragraph shall be deemed to be service
with the council for the purposes of calculating leave entitlements under this
award.
(vi) Severance
Pay
(a) This subclause
shall apply where an employee is terminated due to redundancy. A council shall
be exempt from the operation of this subclause where the employee concerned has
been offered, but has refused to accept, an alternative position within the
council's organisation structure, being a position which has remuneration no
less than the position previously held by the employee.
(b) In addition to
any required period of notice, and subject to subclause (v) of this clause, the
employee shall be entitled to the following:
If the employee is less than 45 years of age:
Completed Years of Service
with Council
|
Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks pay
|
2 years and less than 3 years
|
7 weeks pay
|
3 years and less than 4 years
|
10 weeks pay
|
4 years and less than 5 years
|
12 weeks pay
|
5 years and less than 6 years
|
14 weeks pay
|
6 years and less than 7 years
|
16 weeks pay
|
7 years and beyond
|
An additional 2 weeks pay for
each year in
|
|
excess of 7 years service up to
10 weeks pay
|
Employees aged less than 45 years shall receive an
entitlement of up to 26 weeks pay in accordance with
the above table.
If the employee is 45 years of age and over
Completed Years of
Service with Council
|
Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks pay
|
2 years and less than 3 years
|
8.75 weeks pay
|
3 years and less than 4 years
|
12.5 weeks pay
|
4 years and less than 5 years
|
15 weeks pay
|
5 years and less than 6 years
|
17.5 weeks pay
|
6 years and less than 7 years
|
20 weeks pay
|
7 years and beyond
|
An additional 2 weeks pay for
each year in
|
|
excess of 7years service up to 6 weeks
pay
|
Employees aged 45 years of age and over shall receive an
entitlement of up to 26 weeks pay in accordance with
the above table.
(vii) An employee who
resigns during the period of notice is entitled to the same redundancy payments
provided in this clause as if they had remained in the council's employment
until the expiry of the notice period.
(viii) During a period
of notice of termination given by the council, an employee shall be allowed up
to one day off without loss of pay during each week of notice for the purpose
of seeking other employment. Where required by the council the employee shall
provide proof of attendance at an interview.
(ix) If the employee
agrees to be redeployed by council into a lower paid position, the employee's
existing salary and conditions shall be maintained for a period equivalent to
the amount of notice and redundancy pay that the employee would be entitled to
under this Award. Provided that should the employee resign during the period of
salary maintenance, as provided for by this subclause, the balance of any
notice and redundancy pay that the employee would have been entitled to for the
remainder of the period of salary maintenance shall be paid on termination.
(x) The council
shall, upon receipt of a request from an employee to show employment has been
terminated, provide to the employee a written statement specifying the period
the employee's employment and the classification or the type of work performed
by the employee
(xi) The council
shall, upon receipt of a request from an employee whose employment has been
terminated, provide to the employee an "Employment Separation
Certificate" in the form required by the Department of Social Security.
(xii) In the event
that council determines that a position is redundant, council where
practicable, shall firstly offer such redundancy on a voluntary basis.
(xiii) Nothing in this
award shall be construed so as to require the reduction or alteration of more
advantageous benefits or conditions which an employee may be entitled to under
any existing redundancy arrangement, taken as a whole, between the unions and
the councils bound by this award.
(xiv) Subject to an
application by the council and further order of the Industrial Relations
Commission of New South Wales, a council may pay a lesser amount of severance
pay than that contained in subclause (v) of this clause if the council obtains
acceptable alternative employment for an employee.
(xv) Nothing in this
clause shall restrict an employee with ten years service
or more and council from agreeing to further severance payments.
31. Miscellaneous
(i) Where
an employee and Council agree that a telephone installed at the employee's
place of abode can be used as a means of communication to such employee the
Council shall reimburse the employee the annual rental of such telephone and
for the actual charge made for all outward calls made on Council's behalf on
such telephone.
(ii)
(a) Employees
working with an employer in places situated upon or to the west of line drawn
as herein specified shall be paid an allowance (as set out in item 31 of Table
2 - Other Rates and Allowances of Part B, Monetary Rates) per day or part
thereof in addition to the salary to which they are otherwise entitled. The
line shall be drawn as follows: commencing at a point on the right of the bank
of the Murray River opposite Echuca (Victoria) and thence to the following
towns in the order stated, namely, Deniliquin, Griffith, Condobolin, Narromine,
Coonamble, Moree and Goondiwindi.
(b) The above rates
shall not form part of the ordinary rates of payment for the purpose of
calculation of overtime.
(c) For the purpose
of this subclause a week shall be five days in each 7 day period.
(iii) Any employee
who is the holder of a current St John's Ambulance First-Aid Certificate or
equivalent and is required to act as a first-aid attendant shall be paid an
allowance, as set out in item 31 of the said Table 2, in addition to the
employee’s ordinary rate of pay.
32. Disciplinary,
Grievance and Dispute Procedures
A. Disciplinary
Procedure
(i) Where
an employee's work performance or conduct is considered to be unsatisfactory,
the employee shall be informed in the first instance of the nature of the
unsatisfactory performance or conduct and of the required standard to be
achieved, by the employee's immediate supervisor or other appropriate officer
or nominee of Council.
Unsatisfactory work performance or conduct shall
include neglect of duties, breach of discipline, absenteeism and non-compliance
with safety standards. A written record
of such initial warning shall be kept on the employee’s personal file and a
copy of the warning shall be shown to the employee.
The employee may either make notes on the record or
reply in writing and have that reply placed on file.
If, however, a complaint of an employee’s performance
or conduct is made and investigation shows the complaint to be unfounded, the
employee’s personal file must have a suitable notation added to it.
(ii) Where there is
a re-occurrence of unsatisfactory performance or conduct, the employee shall be
warned formally in writing by the appropriate officer of Council and
counselled. Counselling should reinforce:
the standard of work or
conduct expected;
where the employee is failing
to meet these required standards
a suitable review period for
monitoring the employee's performance;
the severity of the situation;
whether disciplinary action
will follow should the employee's work performance or conduct not improve.
A written record of such formal warning and counselling
shall be kept on the employee’s personal file and a copy of the warning shall
be shown to the employee.
The employee may either make notes on the record or
reply in writing and have that reply placed on the file.
(iii) If the
employee's unsatisfactory performance or conduct continues or resumes following
the formal warning and counselling, the employee shall be given a "final
warning" in writing, giving notice of disciplinary action should the
unsatisfactory work performance or conduct not cease immediately.
(iv) If
the employee's performance or conduct does not improve after the "final
warning" further disciplinary action shall be taken.
(v) This shall not
affect the rights of the Council to take other disciplinary action before
and/or during the above procedure in cases of misconduct or where the
employee's performance warrants such action.
(vi) Either
Council or the employee may request the presence of a Union representative at
any stage of this procedure.
(vii) This procedure
shall not affect either party's right to institute the dispute procedure of the
award or to notify the Industrial Registrar as to the existence of an
industrial dispute.
(viii) Employees shall
have access to their personal file and may take notes and/or obtain copies of
the contents of the file.
B. Grievance and
Dispute Procedures
(i) At
any stage of the procedure, the employee(s) may be represented by the union or
its local representative and the council represented by the Association.
(ii) A grievance or
dispute shall be dealt with as follows:
(a) The employee(s)
shall notify the supervisor of any grievance or dispute and the remedy sought,
in writing.
(b) A meeting shall
be held between the employee(s) and the supervisor to discuss the grievance or
dispute and the remedy sought within two working days of notification.
(c) If the matter
remains unresolved, the employee(s) may request the matter be referred to the
head of the department or other authorised officer for discussion. A further
meeting between all parties shall be held as soon as practicable.
(d) If the matter
remains unresolved the general manager shall provide the employee(s) with a
written response. The response shall include the reasons for not implementing
any proposed remedy.
(e) Where the
matter remains unresolved, it may be referred to the employee's union or
representative and by the general manager or other authorised officer to the
Association for further discussion between the parties.
(iii) Nothing in this
clause shall affect the right of the parties to enter in to direct negotiation
or to seek the assistance of an industrial tribunal at any stage of this
procedure.
(iv) During
this procedure and while the matter is in the course of negotiation and/or
arbitration, work is to proceed as normal.
33. Council Agreement
(i) The
parties agree to review operations at the council level on an ongoing basis
with a view to providing enhanced flexibility and efficiency and to meet the
particular working needs of the council and its employees.
(ii) The terms of
any agreement reached between the parties shall substitute for the provisions
of the award provided that:
(a) the extent of the agreement shall be limited to the award's
Clause 5, Rates of Pay, Clause 24 Travelling Allowances, Clause 11 Hours,
Clause 13 Overtime, Clause 16 Holidays, Clause 12 Part time Employment and
Clause 34 Performance Evaluation and Reward.
(b) the agreement does not provide less than the entry level
rates of pay.
(c) the agreement is consistent with the Industrial Relations
Act NSW 1996 and current wage fixing principles.
(d) the agreement shall be processed in accordance with
subclause (iii) of this Clause.
Provided further that, where the agreement proposes to
vary award provisions other than those nominated in paragraph (a) above, the
agreement shall be processed in accordance with the Enterprise Arrangement
Principle.
(iii) A Council
Agreement shall be processed as follows:
(a) the unions shall be notified prior to the commencement of
negotiations.
(b) the agreement has been genuinely arrived at by negotiation
without compulsion.
(c) the agreement shall be committed to writing and shall
include a date of operation and a date of expiration.
(d) the Council and the appropriate union(s) shall sign the
agreement and a copy sent to the LGSA.
(e) Any party to a
Council Agreement may at any stage during the above process refer the matter to
the Industrial Relations Commission of NSW.
34. Performance
Evaluation and Reward
(i) The
objective of performance development is to enhance the performance of councils.
All employees need to know and have confirmed the role, accountabilities and
performance standards that are expected of them. Role clarity, acceptance of
goals and regular feedback are essential to effective performance.
A key aim should be to provide a means of recognising
and rewarding high performance and to provide an early assessment and response
to substandard performance.
A review system also provides a basis for identifying
development needs for individuals, and can be used as an important input to
promotion decisions.
(ii) This award
recognises that all employees should have on-going feedback about performance.
The success of a council ultimately depends upon the collective sum of
individual job performance.
The performance development process can be simplified
to three stages:
1. joint development on objectives and performance standards;
2. progress reviews; and
3. a formal performance review which is followed by decisions
and outcomes.
35. Consultative
Mechanisms
Each Council shall establish a consultative mechanism and
procedure appropriate to its size, structure and needs for consultation and
negotiation on matters affecting its efficiency and productivity.
36. Jury Service
An employee required to attend for jury service shall be
entitled to attend without loss of pay less any amount paid by the court for
such jury service.
37. Salary Sacrifice
(i) Council
and an employee may agree to enter into a salary sacrifice arrangement, which
allows an employee to receive a part of their pre tax
salary as a benefit rather than salary.
Such agreement shall not unreasonably be withheld.
(ii) Benefits that
may be salary sacrificed include childcare facilities operated by council on
its premises; and additional superannuation and motor vehicles supplied by
council under leaseback arrangements where the amount to be salary sacrificed
for leaseback of a council motor vehicle is that part of the leaseback fee that
exceeds council’s fringe benefit tax liability.
(iii) The value of
the benefits shall be agreed between the council and employee and shall include
fringe benefits tax where applicable.
(iv)
(a) The salary
sacrifice arrangement, including the benefits to be salary sacrificed and their
value including fringe benefit(s) tax, shall be in writing and signed by both
council and the employee.
(b) The employee
may request in writing to change the benefits to be salary sacrificed once each
year and the council shall not unreasonably refuse the request.
(v) The employee’s
gross pay is their pre tax ordinary pay less the
value of the salary sacrifice benefit including fringe benefit(s) tax.
(vi) The
value of a salary sacrifice benefit and applicable fringe benefit tax shall be
treated as an approved benefit for superannuation purposes and shall not reduce
the employee’s salary for employer contributions.
(vii) The value of
salary sacrifice benefits and applicable fringe benefits tax shall be ordinary
pay for calculating overtime and termination payments.
(viii) The employee is
responsible for seeking appropriate financial advice when entering into any
arrangement under this clause.
(ix)
(a) The council
will ensure that the salary sacrifice arrangement complies with taxation and
other relevant laws.
(b) The council has
the right to vary and/or withdraw from offering salary sacrifice to employees
with appropriate notice if there is any alteration to relevant legislation that
is detrimental to salary sacrifice arrangements.
(x) A salary
sacrifice arrangement shall cease on the day of termination of employment.
(xi) A salary
sacrifice arrangement shall be suspended during periods of leave without pay.
(xii) Council may
maintain and/or enter into other salary sacrifice arrangements with employees.
38. Superannuation
Fund Contributions
Subject to the provisions of the Industrial Relations Act 1996, a council shall make superannuation
contributions to the Local Government Superannuation Scheme and not to any
other superannuation fund.
39. Area, Incidence
and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
rescinds and replaces the Local Government
(Electricians) (State) Award published 30 November 2007 (364 I.G.453),
as varied.
The changes made to the award pursuant to the Award Review
pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 4 December 2018.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
This award shall apply to all councils (as defined in Clause
4) in Local Government within New South Wales (other than the Council of
Sydney, the Council of the City of South Sydney and the Council of the city of
Newcastle and also excluding the County of Yancowinna).
This award shall only apply to persons engaged in the
industries and callings of makers, fitters, repairers and installers of
electrical apparatus and installations, and persons assisting therein, or in
running electrical plant.
Provided further that this award shall
apply only to employees who are members of, or are eligible to be members of,
the Electrical Trades Union of Australia, New South Wales.
PART B
MONETARY RATES
The rates of pay and allowances in Part B, Monetary Rates
take effect from the first pay period on or after 28 September 2018.
Note:
The rates of pay and allowances in this award include the
adjustments payable under the State Wage Case 2018. These adjustments may
offset against:
i. Any
equivalent over-award payments, and/or
ii. Award wage
increases other than State Wage Case adjustments.
Table 1 - Wage Rates
Clause 5 Wage Rates
|
Rate of Pay Per
Week
|
|
$
|
Technical/Trades Band Level 1
|
909.70
|
Technical/Trades Band Level 2
|
1000.60
|
Technical/Trades Band Level 3
|
1144.70
|
Professional Band Level 1
|
1000.60
|
Professional Band Level 2
|
1144.70
|
Professional Band Level 3
|
1283.30
|
Professional Band Level 4
|
1499.70
|
Apprentice 1st Year
|
503.50
|
Apprentice 2nd Year
|
594.60
|
Apprentice 3rd Year
|
683.20
|
Apprentice 4th Year
|
769.30
|
Table 2 - Other Rates and
Allowances
Clause 7 - Special
Allowances
|
(i) Wages
|
|
(a) Dirty work, etc
|
0.38 per hour
|
(b) Wet places
|
0.43 per hour
|
(c) Confined spaces
|
0.43 per hour
|
(d) Working
underground
|
0.38 per hour
|
(e) Working with
raw sewerage
|
$8.49 per day
|
Clause 8 - Tool
Allowances
|
(i) Electrical Tradesperson
|
$35.00 per week
|
(iv)(b) Amount payable by employee for
|
|
each claim for compensation of loss of tools
|
$89.00
|
Clause 14 - On Call
|
(iii) On call allowance
|
$115.80
|
Clause 15 - Meal
Time and Allowances
|
(i) Meal allowance
|
$15.50
|
(ii)(a) Meal allowance
|
$15.50
|
(ii)(b) Meal allowance working 4 hours
|
|
overtime
|
$11.90
|
Clause 24 - Travelling
Allowance
|
Where the employee works at a distance
|
|
from the depot greater than:
|
|
(ii)
|
3-10 kms
|
$5.40 per day
|
|
10-20 kms
|
$9.80 per day
|
|
20-30 kms
|
$14.00 per day
|
|
30-40 kms
|
$18.10 per day
|
|
40-50 kms
|
$22.40 per day
|
|
For each additional kilometre
|
$0.42
|
Clause 27 - Driving
of Motor Vehicles
|
(ii)
|
(a)
|
Use of private vehicle (cents)
|
|
|
|
per kilometre
|
|
|
|
Under 2.5 litres
|
$0.68
|
|
|
2.5 litres and over
|
$0.78
|
|
(b)
|
Minimum yearly allowance
|
$7556.60
|
Clause 28 -
Industry Allowance
|
Industry Allowance
|
$57.85 per week
|
Clause 31 -
Miscellaneous
|
(ii)
|
(a) West of the line allowance
|
$1.03 per day
|
(iii)
|
First-aid allowance
|
$3.364 per day
|
Schedule A
Clothing Regulations
Classifications and
Work Situations
|
Clothing and
Accessories
|
|
(For day and wet weather)
|
|
Number Per Issue
|
1. Apprentices
(Electrical Trades)
|
Dry - 2 pair overalls;
|
|
1 pair electrical safety boots or shoes
|
|
|
|
Wet - 1 set waterproof coat, hat and trousers;
|
|
1 pair electrical safety (rubber) boots
|
2. Electrical
Officers (Electrical Trades)
|
Dry - 2 pair overalls, or 2 sets dry weather coat and
trousers;
|
Including Engineering Officers and Electrical Engineers
|
1 dry weather hat;
|
|
1 pair electrical safety boots
|
|
|
|
Wet - 1 set waterproof coat, hat and trousers;
|
|
1 pair electrical safety boots or shoes or 1 pair galoshes
|
|
|
3. Clothing will be
issued as stipulated above when required
|
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.