Crown Employees NSW Department of Communities and
Justice - (Community Living Award) 2019
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Department of Family and Community Services.
(Case No. 201251 of 2019)
Before Chief Commissioner Kite
|
5 July 2019
|
AWARD
PART A
1. Arrangement
Clause No. Subject
Matter
1. Arrangement
2. Definitions
3. Salaries
4. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
5. Hours
6. Roster of
Hours
7. Part-time
Staff Members
8 Casual
Employees
9. Temporary
Employees
10. Overtime
11. Sleepovers
12. Penalty
Rates for Shift Work and Weekend Work and Special Working Conditions
13. Meals
14. Recreation
Leave
15. Public
Holidays
16. Paid Special
Sick Leave
17. Paid Union
Leave
18. Payment and
Particulars of Salary
19. Accommodation
and Amenities
20. Uniforms
and Protective Clothing
21. Dispute
Resolution Procedures
22. Anti-Discrimination
23. Association
Representatives
24. Notice
Board
25. Medical
Examinations
26. Deduction
of Union Membership Fees
27. Mobility of
Staff
28. General
Conditions
29. Extra
Claims
30. Area
Incidence and Duration
PART B
Schedule 1 - Rate of Pay
Schedule 2 - Transitional Arrangements
Schedule 3 - Allowances
Schedule 4 - Rostering Principles
2. Definitions
"Act" means the Government Sector Employment Act 2013 and its Regulations and any
replacement Act and Regulations.
"ADHC" means of the Department of Communities and
Justice.
"Allocated day off" (ADO) means a day off in a
roster cycle at a time operationally convenient as provided in Clause 4.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Award" means an Award as defined in the NSW Industrial Relations Act 1996.
"Casual employee" means any employee engaged in
terms of Chapter 2, Part 2.6 Casual Employees, of the Act and any guidelines
issued thereof or as amended from time to time.
"Day Worker" means a worker who works their
ordinary hours Monday to Friday and who commences work on such days at or after
6.00am and before 10.00am, otherwise than as part of a shift system.
"Department" means the Department of Communities
and Justice
"Department Head" means the Secretary of the
Department of Communities and Justice
"Disability Support Worker" means a person
appointed to the position of Disability Support Worker who is employed to
assist and support clients in group homes, centre-based respite units and
in-home support services.
"Employee" means an officer, staff member or
casual employee unless otherwise specified.
"Part-time staff member" means a staff member
whose contract hours are less than the full-time hours specified in this Award.
"Public Holiday" means a day proclaimed under the Banks and Bank Holiday Act 1912, as a
bank or public holiday. This definition
does not include a Saturday which is such a holiday by virtue of section 15A of
that Act, and 1 August or such other day that is a bank holiday instead of 1
August.
"Shift worker" means a staff member who is not a
day worker.
"Team Leader" means a person appointed to the
position of Team Leader.
"Staff member" means an officer or temporary
employee as defined in the Act and, unless otherwise specified in this Award,
includes both full-time and part-time staff.
"Unit" means a group home, respite centre or
in-home support service.
3. Salaries
(1) Rates of Pay
(i) Rates
of pay and allowances payable to staff members covered under this Award shall be
those specified in Schedule A Rate of Pay.
(2) Disability
Support Workers (DSWs)
(i) The
salary range for employees is that contained in Schedule A, Rate of Pay.
(ii) From the date
of effect of this Award new appointments of staff members to DSW will be to an
appropriate year in the scale based on years of equivalent full time service
providing direct care services within an accommodation setting to clients with
a disability.
(iii) Casual DSW
employees will be paid at an appropriate year in the scale based on hours and
years of equivalent full time service providing direct care services within an
accommodation setting to clients with a disability. Each year of service requires the completion
of 12 months calendar service and 1982 hours.
(iv) Employees
who possess a Certificate III Disability, or higher qualification acceptable to
ADHC, will be paid at not less than the rate applicable to the 4th year of
service.
(v) Confirmation of
permanent appointment to a DSW position is subject to completion of a workplace
induction program.
(vi) Other than
accelerated progression arising from sub-clause (iv)
above, staff members progress through the DSW salary range by way of annual
increments subject to satisfactory performance and conduct of services in
accordance with the Government Sector Employment Regulation 2013.
(vii) The transitional
arrangements for employees at the effective date of the Award in the
classifications of Residential Support Worker Level 1/2 to the Disability
Support Worker salary range, are contained at Part B
Schedule 2 of this Award.
(3) Team Leader
(i) The
salary rates for Team Leaders are contained at
(ii) The rates of
pay on Part B for Team Leader One Unit are inclusive of three afternoon, two evening and one weekend penalty shift every
28 day roster period. The Team Leader will not be required to work this precise
configuration of penalty and weekend shifts in any 28 day period. The actual
work requirements will be determined by operational needs.
(iii) Appointment as
a Team Leader will be subject to a competitive merit selection process to a
vacant Team Leader position designated as such.
(iv) An
appointee to a position of Team Leader requires possession of Certificate IV
Disability, or equivalent qualification, and Certificate IV Frontline
Management, or equivalent qualification.
(v) A staff member
may be appointed as a Team Leader where they do not possess the Team Leader
qualifications, but they must obtain the qualifications within 12 months of
date of appointment.
(vi) Where
other than an existing permanent officer is appointed to a Team Leader position
and that appointee does not possess the Team Leader qualifications prior to
appointment, confirmation of appointment may only occur after the person has
obtained the Team Leader qualifications.
(vii) ADHC will
determine the location and number of Team Leader positions on the usual basis
of 1 Team Leader per unit. However ADHC will consult with the PSA for proposals
of jointly managed units as they arise.
(4) Community
Support Worker, Community Worker and Community Consultant
(i) ADHC
will consult with the PSA if proposed to establish any new positions in
community based services.
(ii) A Community
Support Worker implements client plans which encourage independent living,
social and vocational skills training, community access support, and leisure,
recreation and adult education in consultation with other professional staff
and Community Workers. There are no
qualification requirements for appointment to this position.
(iii) A Community
Worker provides client services and develops client programs to encourage
independent living and social, vocational, leisure and recreation skills
training and community access support in a team setting.
(iv) A
Community Worker is required to possess, a minimum of an Associate Diploma
acceptable to ADHC requiring a minimum of two years full-time study or
equivalent part-time study thereof from a recognised University or College of
TAFE. They shall be appointed on the 1st
year of the salary range for Community Worker and shall progress to the 8th
year by annual increments subject to satisfactory conduct and services.
(v) A Community
Worker who possesses a Degree qualification acceptable to ADHC requiring a
minimum of three years full-time study or equivalent part-time study thereof,
shall be appointed on the 3rd year of the salary range for Community Worker and
shall progress to the 8th year by annual increments subject to satisfactory conduct
and services.
(vi) A
Community Consultant provides direct intervention and case management for
clients with complex needs including the development, co-ordination and
supervision of client programs that include behaviour intervention, independent
social and vocational skills training and provides clients with community
access support in a multi-disciplinary team setting.
(vii) A Community
Consultant must possess a Degree qualification or higher acceptable to ADHC
requiring a minimum of four years full-time study or equivalent part-time study
thereof. They shall be appointed on the
1st year of the salary range for Community Consultant and progress to the 5th
year by way of annual increments subject to satisfactory conduct and services.
4. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
4.1 The entitlement to salary package in
accordance with this clause is available to:
(i) permanent full-time and part-time employees;
(ii) temporary employees,
subject to the Department or agency's convenience; and
(iii) casual employees,
subject to the Department or agency's convenience, and limited to salary
sacrifice to superannuation in accordance with sub-clause 4.7
4.2 For the purposes of this clause:
(i) "salary" means the salary or rate of pay prescribed for
the employee's classification by clause 3, Salaries of this Award, and any
other payment that can be salary packaged in accordance with Australian
taxation law.
(ii) "post
compulsory deduction salary" means the amount of salary available to be
packaged after payroll deductions required by legislation or order have been
taken into account. Such payroll deductions may include, but are not limited
to, taxes, compulsory superannuation payments, HECS payments, child support
payments, and judgement debtor/garnishee orders.
4.3 By mutual agreement with the Department
Head, an employee may elect to package a part or all of their post compulsory
deduction salary in order to obtain:
(i) a benefit or benefits selected from those approved by the
Department Head; and
(ii) an amount equal to the difference between
the employee's salary, and the amount specified by the Department Head for the
benefit provided to or in respect of the employee in accordance with such
agreement.
4.4 An election to salary package must be made
prior to the commencement of the period of service to which the earnings
relate.
4.5 The agreement shall be known as a Salary
Packaging Agreement
4.6 Except in accordance with sub-clause 4.7,
a Salary Packaging Agreement shall be recorded in writing and shall be for a
period of time as mutually agreed between the employee and the Department Head
at the time of signing the Salary Packaging Agreement.
4.7 Where an employee makes an election to
sacrifice a part or all of their post compulsory deduction salary as additional
employer superannuation contributions, the employee may elect to have the
amount sacrificed:
(i) paid into the superannuation fund established under the First State Superannuation Act 1992; or
(ii) where the
employer is making compulsory employer superannuation contributions to another
complying superannuation fund, paid into the same complying fund; or
(iii) subject to the
Department or agency's agreement, paid into another complying superannuation
fund.
4.8 Where the employee makes an election to
salary sacrifice, the employer shall pay the amount of post compulsory
deduction salary, the subject of election, to the relevant superannuation fund.
4.9 Where the employee makes an election to
salary package and where the employee is a member of a superannuation scheme
established under the:
(i) Police Regulation (Superannuation) Act
1906;
(ii) Superannuation
Act 1916;
(iii) State
Authorities Superannuation Act 1987; or
(iv) State
Authorities Non-contributory Superannuation Act 1987, the employee's
Department or agency must ensure that the employee's superable salary for the
purposes of the above Acts, as notified to the SAS Trustee Corporation, is
calculated as if the Salary Packaging Agreement had not been entered into.
4.10 Where the employee makes an election to
salary package, and where the employee is a member of a superannuation fund
other than a fund established under legislation listed in sub-clause (9) of
this clause, the employee's Department or agency must continue to base
contributions to that fund on the salary payable as if the Salary Packaging
Agreement had not been entered into. This clause applies even though the
superannuation contributions made by the Department or agency may be in excess
of superannuation guarantee requirements after the salary packaging is
implemented.
4.11 Where the employee makes an election to
salary package:
(i) Subject to
Australian Taxation law, the amount of salary packaged will reduce the salary
subject to appropriate PAYG taxation deductions by the amount packaged; and
(ii) any allowance, penalty rate, payment for
unused leave entitlements, weekly worker's compensation or other payment, other
than any payments for leave taken in service, to which an employee is entitled
under this Award or any applicable Award, Act or statute which is expressed to
be determined by reference to the employee's rate of pay, shall be calculated
by reference to the rate of pay which would have applied to the employee under
clause 3, Salaries of this Award if the Salary Packaging Agreement had not been
entered into.
4.12 The Department Head may vary the range and
type of benefits available from time to time following discussion with the
Association. Such variations shall apply to any existing or future Salary
Packaging Agreement from date of such variation.
4.13 The Department Head will determine from time
to time the value of the benefits provided following discussion with the Association.
Such variations shall apply to any existing or future Salary Packaging
Agreement from the date of such variation. In this circumstance, the employee
may elect to terminate the Salary Packaging Agreement
5. Hours
(i) The
ordinary hours of work for day workers, exclusive of meal times, shall be 152
hours per 28 calendar days, to be worked Monday to Friday, inclusive, and to
commence at or after 6:00am and before 10.00am.
(ii) The ordinary
hours of work for shift workers, exclusive of meal times, shall not exceed 152
hours per 28 calendar days or an average of 38 hours per week in each roster
cycle.
(iii) Each day worker
shall be free from duty for not less than two full days in each week. Each shift worker shall be free from duty for
not less than two full days in each week or four full days in each
fortnight. Where practicable, such
rostered days off duty shall be consecutive.
(iv) The hours of
work prescribed in subclauses (i) - (iii), shall be
arranged to allow variable working hours in each roster cycle of 28 days to
ensure that each staff member shall work their ordinary hours of work on not
more than 19 days in each cycle.
(v) The hours
worked on each day shall be arranged to include a proportion of one hour which
shall accumulate towards the staff members allocated
day off (ADO) duty on pay. Such
proportion shall be on the basis of 0.4 of one hour for each eight-hour shift
worked, and 0.5 of one hour for each ten hour shift worked.
(vi) Each
full-time staff member shall be entitled to 12 ADOs per annum.
(vii) The staff
member’s ADO prescribed in sub-clause (v) shall be determined having regard to
the needs of ADHC. Where practicable,
the ADO is to be consecutive with the rostered days off duty prescribed by
sub-clause (iii).
(viii) Once set, the
ADO may not be changed in a current cycle unless there are genuine unforeseen
circumstances prevailing. Where such
circumstances exist, and the ADO is changed, another day shall be substituted
in the current cycle. Should this not be
practicable, the day must be given and taken in the next cycle immediately following.
(ix) There shall be
no accrual of credit towards a ADO for ordinary annual leave taken in
accordance with clause 13 Recreation Leave.
However, where a staff member has accumulated sufficient time to take
their ADO prior to entering on recreation leave, and that day would have been
taken if the staff member had not gone on recreation leave, it shall be allowed
to the staff member on the first working day immediately following the period
of leave.
(x) Where a staff
member has not accumulated sufficient time for an ADO
prior to entering on recreation leave, time in credit shall count towards the
next ADO falling in sequence after the staff member has returned to duty.
(xi) A staff member
shall continue to accumulate credit toward their ADO whilst on sick leave. Where a staff member’s ADO falls during a
period of sick leave, the staff member’s available sick leave shall not be
debited for that day.
(xii) Where a staff
member’s ADO falls during a period of workers’ compensation, the staff member,
on returning to duty, shall be given the next ADO in sequence.
(xiii) Where a staff
member’s ADO falls on a public holiday as prescribed by Clause 14 Public
Holidays, the next working day shall be taken in lieu thereof.
(xiv) All time between
the rostered starting and ceasing times each day shall be paid for as working
time, except for one unpaid meal break of no less than 30 minutes and no more
than one hour.
(xv) A period of 20 minutes
shall be allowed to staff members for a morning or afternoon tea break and such
period shall be included in the ordinary hours of work. Time taken for such breaks shall be without
interruption of service.
(xvi) There shall be a
minimum break of eight hours between ordinary rostered shifts or a break equal
in length to the shift previously worked, whichever is greater.
6. Roster of Hours
(i) The
ordinary hours of work for each staff member shall be displayed on a roster in
a place conveniently accessible.
(ii) The roster
shall be displayed at least two weeks prior to the commencing date of the first
working day in the roster. Provided that this provision shall not make it obligatory for ADHC
to display any roster of ordinary hours of work of a member of the relieving
staff.
(iii) A roster may be
altered at any time to enable the operation of the service to be carried on
where another staff member is absent from duty on account of illness or in an
emergency, but where any such alteration involves a full-time staff member
working on a day which would have been their ADO such time worked shall be paid
at overtime rates.
(iv) Where
a change in roster occurs with less than 24 hours notice
to the staff member affected, all time worked outside that shown on the staff
member’s roster (prior to the alteration) shall be paid for at overtime rates.
(v) Rosters
providing for shift work at a location that is normally a day-work operation
shall not be introduced into any service or section thereof, until such time as
the proposals relating thereto are conveyed to ADHC for its approval and the
opportunity has been given to the Association to discuss the matter with ADHC
and the service concerned.
(vi) The
ADOs in accordance with clause 5, Hours, are to be shown on the roster of hours
for each staff member.
(vii) Any change in
the displayed roster must be notified verbally or in writing to the staff
member concerned and shown on the operational roster.
(viii) The working of
more than seven consecutive shifts by staff members is prohibited, except where
a staff member makes a special request, which is agreed by ADHC.
(ix) Rosters shall be
developed and implemented in accordance with the ‘Rostering Principles’ at
Schedule 4
7. Part-Time Staff
Members
(1) Types of
Part-time Engagement
(i) A
staff member may work on a part-time basis by way of;
(a) Part-time
Employment Contract: Contract of employment for less than full-time hours; or
(b) Part-time Leave
Without Pay: Approved application to work less than
full-time hours by way of a grant of leave without pay each week or fortnight;
or
(c) Part-time
Loading: Grandparented salary arrangement.
(ii) The specified
number of hours for a part-time staff member may be balanced over a week or
fortnight, provided that the part-time contract hours shall be deemed to be the
specified number of hours for the purposes of accrual of leave provided for in
this Award.
(iii) There shall be
no interruption to the continuity of employment of a part-time staff member
merely by reason of a staff member working on a ‘week on, week off’ basis in
accordance with this sub-clause.
(2) Part-time
Employment Contract
(i) A
part-time staff member is one who is contracted to work a specified number of
hours per week which are less than full-time hours.
(ii) Part-time
staff members shall be paid an hourly rate calculated on the basis of one
thirty-eighth of the appropriate rate prescribed in this Award with a minimum
three hours for each start.
(iii) Unless
otherwise specified in this Award, part-time staff members receive full time
entitlements on a pro rata basis calculated according to the number of hours a
staff member is contracted to work.
(iv) Incremental
progression for part-time staff members is the same as for full-time staff
members, that is, part-time staff members receive an increment annually.
(v) ADHC may
request, but not require, a part-time staff member to work additional hours.
(vi) Except where
payment of overtime is provided for under Clause 10, for any time worked in
excess of the staff member’s ordinary contracted hours and up to 76 hours in a
fortnight, a part-time staff member is be paid at their hourly rate plus a
loading of 4/48ths in lieu of recreation leave.
(3) Part-time Leave
Without Pay
(i) A
staff member engaged on a full-time basis may apply to take leave without pay
on a part-time basis in accordance with Clause 72 of the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009.
(ii) A staff member
working part-time by way of leave without pay is entitled to a minimum three
hours for each start.
(iii) The conditions
of employment for a staff member engaged on a part-time basis by way of
part-time leave without pay are those provided for in the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009, Government Sector Employment Act 2013
and Regulations.
(4) Part-time
Loading (Grandparented Salary Arrangement)
(i) Subclauses (1), (2) and (3) above
do not apply to part-time employees in receipt of a 15% part-time loading under
a grandparented salary arrangement. The following
applies to these employees;
(a) Persons
employed on a part-time basis may be employed for not less than eight or more
than 32 hours in any full week of seven days, such week to be coincidental with
the pay period, and shall be paid for the actual number of hours worked each
week an hourly rate calculated on the basis of one thirty-eighth of the
appropriate rate prescribed, plus 15 per cent thereof. Employees shall not be engaged for less than
three hours for each start.
(b) In an
emergency, part-time workers may be allowed to work more than 32 hours in one
week and in such case will be paid for the hours actually worked at a rate
calculated in accordance with paragraph (a) of this sub-clause.
(c) A part-time
worker called up to work in an emergency on their rostered day(s) off shall be
entitled to a minimum payment of three hours at the appropriate rate calculated
in accordance with paragraph (a) of this sub-clause whether required for the
full three hours or not.
(d) With respect to
employees employed on a part-time basis under this subclause, the provisions of
subclauses (v) - (xiii) of clause 5 Hours, clause 10 Overtime, clause 15 (ii)
Recreation Leave and subclauses (i) - (ii) of clause
15, Public Holidays, shall not apply.
8. Casual Employees
(1) Engagement of
Casual Employees
(i) A
casual employee may be employed subject to the usual basis of employment of
staff in the Department being that of an officer.
(ii) A casual
employee may only be engaged in the following circumstances
On a relief basis to fill irregular or intermittent
vacancies; or
To carry out work on a short-term basis; or
To carry out urgent work or in an
emergency.
(iii) Casual employees
can be included in operational rosters but employment for fixed or regular
hours for a single period in excess of 4 weeks would in most instances be as a
temporary employee.
(iv) A
casual employees’ contract of employment may be terminated for any reason by
giving of three hours’ notice by either the employee or ADHC.
(2) Hours of Work
(i) A
casual employee is engaged and paid on an hourly basis.
(ii) A casual
employee will be paid for a minimum of 3 consecutive hours for each engagement.
(3) Rate of Pay
(i) A
casual employee shall be paid on an hourly basis of one thirty-eighth of the
appropriate salary rate prescribed in this Award, plus 15% casual loading
thereof.
(ii) A casual
employee shall be entitled to the shift allowances prescribed in clause 11
Penalty Rates for Shift Work and Weekend Work and Special Working Conditions.
Such employees shall only be entitled to the additional rates where their
shifts commence prior to 6.00am or finish subsequent to 6.00pm Monday to Friday
inclusive.
(iii) Casual
employees in receipt of penalty rates for working midnight Friday to midnight
Sunday and Public Holidays, shall receive those
penalty rates in lieu of the 15% casual loading.
(iv) On
termination, a casual employee shall also receive 4/48ths of ordinary earnings
in lieu of recreation leave.
(v) A casual
employee shall be paid overtime in accordance with the provisions of Clause 9
of this Award.
(4) Conditions of
Employment
(i) The
following clauses of this Award do not apply to casual employees
Subclauses (v) to (xi) of clause 5 Hours
clause 6 - Roster of Hours
Clause 14 - Recreation Leave
Clause 15 - Public Holidays
Clause 16 - Paid Special Sick Leave
Clause 17 - Paid Union Leave
(ii) Casual
employees shall be entitled to all other benefits of this Award in the same
proportion as their ordinary hours of work bear to full-time hours, unless
otherwise specified.
(iii) Casual
employees are entitled to Long Service Leave in accordance with the provisions
of the Long Service Leave Act 1955.
(iv) A
casual employee shall also receive the following entitlements in accordance
with Clause 12 of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009:
(a) Clause 12.5
Leave
(b) Clause 12.6
Personal Carers Entitlement for Casual Employees
(c) Clause 12.7
Bereavement Entitlements for Casual Employees
(d) Clause 12.8
Application of other clauses of this Award to Casual Employees
(v) Other than as provided
for in sub-clause (iv) above of this Award, Clause 12
of the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009 shall not apply.
9. Temporary Employees
(i) Temporary
employees are those engaged in accordance with Section 43 (b) of the Act.
(ii) Temporary
employees are defined as staff members and receive all of the benefits of this
Award in the same manner as permanent officers, unless otherwise specified.
10. Overtime
(1) Rates Payable -
All Employees
(i) The
following rates are payable for overtime worked and shall be in substitution of
and not cumulative upon the rates payable for shift work performed on Monday to
Friday, Saturday, Sunday or Public Holiday -
(a) Monday -
Saturday inclusive: Time and one half for the first two hours and double time
thereafter.
(b) Sunday: Double
time.
(c) Public
Holidays: Double time and one half.
(ii) The rate of
payment for overtime is to be determined according to the day of the week on
which the time is actually worked in accordance with sub-clause (i) above.
(iii) Subject to
subclauses (v) below, an employee may be directed by the Department Head to
work overtime.
(iv) An
employee may refuse to work overtime where the working of overtime would result
in the employee working hours which are unreasonable.
(v) For the
purposes of subclause (iv) above, what is unreasonable
or otherwise will be determined having regard to:
(a) any risk to employee health and safety;
(b) the employee’s personal circumstances including any family
and carer responsibilities, community obligations or study arrangements;
(c) the urgency of the work required to be performed, the impact
on operational commitments and the effect on client services;
(d) the notice (if any) given by the employer of the overtime
and by the employee of his or her intention to refuse it; and
(e) any other relevant matter.
(vi) Where
an employee works overtime as an extension of shift and ceases work at a time
when reasonable means of transport home are not available, they shall be paid
at ordinary rates for the time reasonably spent travelling from the place of
work to the officer’s home.
(2) Break Between Work - All Employees
(i) When
overtime is necessary it shall be arranged so that employees have at least
eight (8) consecutive hours off duty between work on successive days or shifts.
(ii) An employee
who has not had at least eight (8) consecutive hours off duty in accordance
with subclause (i) above,
shall be released from duty after completion of the overtime until they have
had eight (8) consecutive hours off duty without loss of pay for ordinary
working time occurring during their absence.
(iii) If ADHC directs
an employee to resume or continue to work without having had at least eight (8)
consecutive hours off duty in accordance with subclause (i)
above, they shall be paid at double rates until released from duty for such
period and then shall be entitled to be absent until they have had eight (8)
consecutive hours off duty without loss of payment for ordinary working time
occurring during such absence.
(iv) At cessation of
eight (8) hour break prescribed by sub-clauses (i) -
(iii) above, the employee is required to return to duty for remainder of a
rostered shift or, if available, apply for leave to cover the remainder of any
rostered hours.
(v) Overtime may be
worked prior to the commencement of a rostered shift, in which case the break
provision prescribed by sub-clauses (i) - (iii) shall
apply from the cessation of all work continuous with the overtime.
(3) Recall to Duty
- Staff Members
(i) A
staff member recalled to work overtime after leaving the employer’s premises
shall be paid for a minimum of four (4) hours’ work at the appropriate overtime
rate for each time they are so recalled.
(ii) A staff member
shall not be required to work the full minimum number of hours prescribed under
sub-clause (i) above, if the job they were recalled
to perform is completed within a shorter period.
(iii) A staff member
recalled to duty shall be paid all fares and expenses reasonably incurred as in
travelling to and from their place of work.
(iv) Provided
that where a staff member elects to use their own mode of transport,
they shall be paid an allowance equivalent to the travelling rate as prescribed
in the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009.
(4) Planned
Overtime - All Employees
(i) Where
overtime worked is not continuous with ordinary hours, and/or additional hours
in the case of a part-time staff member, and the employee has elected to accept
an offer of overtime work with at least 24 hours notice,
then the recall to duty provisions in subclause (3) above will not apply.
(5) Payment of
Overtime - Full-time Staff Members
(i) A
full-time staff member is to be paid at overtime rates for all time worked;
(a) outside the ordinary hours permitted under Clause5, Hours,
and/or
(b) outside that shown on the staff member’s roster (prior to
the alteration) where a change in roster occurs with less than 24 hours notice to the affected staff member.
(6) Payment of
Overtime - Part-time Staff Members
(i) A
part-time staff member is to be paid at overtime rates for all time worked;
(a) longer than the normal rostered shift length for a full-time
employee for that shift, and/or
(b) in excess of 152 hours in a 28 day roster period, and/or
(c) in excess of the hours prescribed for a full-time staff
member in Clause 5, Hours, and/or
(d) outside that shown on the staff member’s roster (prior to
the alteration) where a change in roster occurs with less than 24 hours' notice
to the affected staff member.
(ii) In the case of
subclause (i)(a) above,
where there is no normal rostered shift length for a full-time staff member for
that shift, then overtime is to be paid for all time worked in excess of eight
(8) hours in a continuous period.
(iii) In the case of
sub-clause (i)(b) above, the
part-time staff member must be rostered to work a number of ordinary hours and
have actually worked additional hours totalling to 152 hours in the roster
period prior to becoming eligible to a payment of overtime under this
sub-clause.
(7) Payment for
Overtime or Leave in Lieu
(i) The
Department Head shall grant compensation for directed overtime worked either by
payment at the appropriate rate or, if the staff member so elects, by the grant
of leave in lieu in accordance with this clause.
(ii) The following
provisions shall apply to the leave in lieu:
a. The staff
member shall advise the supervisor before the overtime is worked or as soon as
practicable on completion of overtime, that the staff member intends to take
leave in lieu of payment.
b. The leave
shall be calculated at the same rate as would have applied to the payment of
overtime in terms of this clause.
c. The leave must
be taken at the convenience of the Department, except when leave in lieu is
being taken to look after a sick family member. In such cases, the conditions
set out in clause 81, Sick Leave to Care for a Family Member of the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009, shall
apply.
d. The leave
shall be taken in multiples of a quarter day, unless debiting of leave in hours
or in fractions of an hour has been approved.
e. Leave in lieu
accrued in respect of overtime shall be given by the Department and taken by
the staff member within three months of accrual unless alternate local
arrangements have been negotiated between the Department Head and the Association.
f. A staff member
shall be paid for the balance of any overtime entitlement not taken as leave in
lieu.
(8) Payment of
Overtime - Casual Employees
(i) A
casual employee is to be paid overtime rates for all time worked;
a. longer
than the normal rostered shift length for a full-time employee for that shift;
and / or
b. in
excess of 152 hours in a 28 day roster period.
(ii) In the case of
subclause (i)(a)above, where
there is no normal rostered shift length for a full-time staff member for that
shift, then overtime is to be paid for all time worked in excess of eight (8)
hours in a continuous period.
(iii) In the case of
subclause (i)(b) above, the
casual employee must work the 152 hours in a roster period prior to becoming
eligible to a payment of overtime under this sub-clause.
(iv) Overtime
payments for casual employees are based on the ordinary hourly rate plus the
15% loading set out in Clause 8, Casual Employees.
11. Sleepovers
(i) "Sleepover"
means a continuous period during which an employee is required to sleepover at
a unit and be available to deal with any urgent situation, which may arise
during the sleepover period.
(ii) It is expected
that an employee performing sleepover work will ordinarily be able to have a reasonable
night’s sleep. Accordingly such work
will not be performed where:
(a) The facilities
in the home, or
(b) The activities
or behaviour of the clients residing there are such that an officer could not
ordinarily be expected to have a reasonable night’s sleep or would be put at
risk if sleeping or woken from sleep during a sleepover.
(iii) ADHC shall take
all reasonable steps to enable the employee to have a reasonable night’s sleep
on the premises. These include:
(a) Providing a
vacant room, able to be locked by the employee.
(b) Ensuring that
the room is provided with:
a telephone and/or other
emergency communication facilities so that assistance may be summoned if
required;
a bed and other suitable sleeping
requirements such as a light and clean linen;
an ability to view outside the
room when locked without opening the door, including external lighting.
(c) Giving the
employee access to the facilities within the Unit for the purposes of personal
hygiene and the taking of meals, which shall be provided free of charge.
(iv) An
employee shall only perform sleepover work under the following conditions:
(a) there is an
agreement between the employee and ADHC in regard to the sleepover and the
sleepover periods required and except in the case of an emergency, the
agreement is made at least one (1) week in advance;
(b) a sleepover period shall consist of not more than eight (8)
continuous hours;
(c) a staff member may be required to undertake sleepover work
for no more than eight (8) nights in any period of twenty eight (28) days;
(d) the sleepover shall not commence earlier than 10pm and shall
not finish later than 7am;
(e) no work other
than that of an essential nature involving direct care of the clients shall be
required to be performed during the sleepover;
(f) each period of sleepover work should follow on from an
afternoon shift and should not be followed by a day shift the next day.
(v) An employee
performing sleepover work shall be paid:
(a) A sleepover
allowance equivalent to five (5) hours payment at ordinary rates.
(b) In the event
that the employee has not received a reasonable night’s sleep, the employee
shall be paid:
(1) If disturbed to
perform any necessary work, the work shall be paid at overtime rates in
addition to the sleepover allowance.
(2) If disturbed by
clients on two or more occasions, but not in order to perform any necessary
work, the employee shall be paid as for an active night shift, in lieu of the
sleepover allowance.
(3) If disturbed by
clients on two or more occasions to perform any necessary work, the work shall
be paid for at overtime rates, with a minimum payment of an amount equal to the
rate for an active evening shift, in addition to the sleepover allowance.
(vi) An employee who
is required by ADHC to accompany clients on excursions, etc. which necessitate
overnight stays shall be paid a minimum allowance equivalent to eight (8) hours
pay at ordinary rates for each overnight stay.
If an employee is required to perform any necessary work during the
night, the work shall be paid for at overtime rates.
(vii) Employees shall
comply with ADHC’s reasonable requirements in relation to the recording of
client’s behaviour during sleepover periods.
Claims for the additional payments provided under paragraph (v)(b) of this clause may be declined if such records have not
been maintained for the particular night.
(viii) Before sleepover
work is introduced at a Unit, ADHC shall assess the suitability of the home and
residents for such arrangements. Such
arrangement shall be monitored and shall be reviewed, if new clients move into
the home or in the event that a clients health or
behaviour alters in such a way that concerns arise as to the continuing
suitability of sleepover arrangements, or if officers as a result are unable to
achieve a reasonable night’s sleep during sleepover work. A timely review shall
also be conducted if a written request identifying the reason the review is
sought is made by staff members performing such work at a unit or by the
Association. Whilst such reviews are
conducted, sleepover work shall not be performed at the Unit.
(ix) In the event
that a dispute arises as to the suitability of a Unit, group of clients, or
employee for sleepover work, the dispute shall be discussed by the parties on
an urgent basis, in accordance with the award dispute resolution procedures.
12. Penalty Rates for
Shift Work and Weekend Work and Special Working Conditions
(i) Shift
workers working afternoon or evening shift shall be paid the following loadings
in addition to the ordinary rate for such shift; provided however, that
part-time employees engaged under Clause 7 (1)(i)(a)
and (c), shall only be entitled to the additional rates where their shifts
commence prior to 6.00am or finish subsequent to 6.00pm.
Afternoon shift commencing at 10.00am and before 1.00pm
- 10 per cent
Afternoon shift commencing at 1.00pm and before 4.00pm
- 12.5 per cent
Evening shift commencing at 4.00pm and before 4.00am -
15 per cent
Evening shift commencing at 4.00am and before 6.00am -
10 per cent
(ii) For the
purposes of this clause, day, afternoon and evening shifts shall be defined as
follows:
"Day shift" means a shift which commences at
or after 6.00am and before 10.00am.
"Afternoon shift" means a shift which
commences at or after 10.00am and before 4.00pm.
"Evening shift" means a shift which commences
at or after 4.00pm and before 6.00am on the day following.
(iii) Staff members
whose ordinary working hours include work on a Saturday and/or Sunday shall be
paid for ordinary working hours worked between midnight on Friday and midnight
on Saturday at the rate of time and one-half and for ordinary hours worked
between midnight on Saturday and midnight on Sunday at the rate of time and
three-quarters. These extra rates shall
be in substitution for, and not cumulative upon, the shift loadings prescribed
in subclause (i) of this clause.
(iv) Subclause (iii) shall
apply to part-time workers engaged under clause 7(1)(i)(c), but such workers shall be paid the shift allowances
under subclause (iii) in lieu of the 15% part-time loading.
(v) This clause
does not apply to staff members employed in the classification of Team
Leader. The rate of pay for Team Leader
is an all-inclusive rate.
(vi) In
all cases where a shift worker works during the period of changeover to and
from daylight saving time, the shift worker shall be paid the normal rate for
the shift.
13. Meals
(i) Time
not exceeding one hour and not less than 30 minutes shall be allowed for each
meal.
(ii) In any cases
where the Department determines that the needs of the clients are such that
employees cannot be permitted to leave the Department’s premises during any
meal break, unpaid meal breaks will not be provided and any time allowed for
the partaking of a meal on the Department’s premises shall be regarded as part
of the ordinary hours for the shift.
(iii) Where an
employee in the course of their employment partakes of a meal or light
refreshment other than routine meals, in company with clients, as part of
individual lifestyle plan requirements, the cost of the meal or light
refreshment shall be borne by the employer upon the provision of receipts from
the staff member.
(iv) Where
an employee is called upon to work any portion of an unpaid meal break, such
time shall be paid for at overtime rates.
(v) An employee
required to work overtime following on the completion of their normal shift for
more than two hours shall be allowed 20 minutes for the partaking of a meal and
a further 20 minutes after each subsequent four hours’ overtime. All such time shall be counted as time
worked.
(vi) The
meals referred to in sub-clauses (ii), (iii) and (v) of this clause shall be
allowed to the employee free of charge.
Where the employer is unable to provide such meals, a meal allowance
under the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009 shall apply.
(vii) Where practicable,
employees shall not be required to work more than five hours without a meal
break.
14. Recreation Leave
(1) General
(i) Except
where stated otherwise in this Award, all staff members accrue paid recreation
leave at the rate of 20 working days per year.
(ii) Part-time
staff members shall accrue paid recreation leave on a pro-rata basis in the
following manner;
(a) Part-time staff
members engaged under Clause 7(1)(i)(a)
and (c) will accrue pro-rata recreation leave based on the contracted hours
contained in the employment contract.
(b) Part-time staff
members engaged under Clause 7(1)(i)(b)
will accrue pro-rata recreation leave
based on the ordinary hours worked.
(iii) Additional
recreation leave, at the rate of 5 days per year, accrues to a staff member who
is stationed indefinitely in a remote area of the State, being the Western and
Central Division of the State described as such in the Second Schedule to the Crown Lands Consolidation Act 1913
before its repeal.
(iv) Staff members
who prior to 30.4.99 were employed in the classification of
Senior/Chief/Principal Youth Worker and in receipt of six weeks recreation
leave in accordance with the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009, may continue to
accrue recreation leave at the rate of six weeks per year.
(v) Staff members
covered by sub-clause (iv) above, may elect to revert
to four weeks recreation leave per annum, and therefore receive the provisions
of clause 15, Public Holidays. This election
may only be made once and such option is not reversible.
(vi) Staff members
covered by sub-clause (iv) above, may elect at any
time, to cash out any recreation leave accrued in addition to the entitlement
under sub-clause (i) above.
(vii) The provisions
of sub-clauses (2), (3) and (4) of this Award are taken from the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009. Any variations to that Award in regards to
these provisions are to apply and be incorporated into this Award.
(2) Limits on
Accumulation and Direction to take Leave
(i) At
least two (2) weeks consecutive weeks of recreation leave shall be taken by a
staff member every 12 months, except by agreement with the Department Head in
special circumstances.
(ii) Where the
operational requirements permit, the application for leave shall be dealt with
by the Department Head according to the wishes of the staff member.
(iii) The Department
Head shall notify the staff member in writing when accrued recreation leave reaches
6 weeks or its hourly equivalent and at the same time may direct a staff member
to take at least 2 weeks recreation leave within 3 months of the notification
at a time convenient to ADHC.
(iv) The
Department Head shall notify the staff member in writing when accrued
recreation leave reaches 8 weeks or its hourly equivalent and direct the staff
member to take at least 2 weeks recreation leave within 6 weeks of the
notification. Such leave is to be taken
at time convenient to ADHC.
(v) A staff member
must take their recreation leave to reduce all balance below 8 weeks, and ADHC
must cooperate in this process. ADHC may
direct a staff member with more than 8 weeks to take their recreation leave so
that it is reduced to below 8 weeks
(3) Conservation of
Leave
(i) If
ADHC is satisfied that a staff member is prevented by operational or personal
reasons from taking sufficient recreation leave to reduce the accrued leave
below an acceptable level of between 4 and 6 weeks or its hourly equivalent,
the Department Head shall:-
(1) Specify in
writing the period of time during which the excess shall be conserved; and
(2) On the
expiration of the period during which conservation of leave applies, grant
sufficient leave to the staff member at a mutually convenient time to enable
the accrued leave to be reduced to an acceptable level below the 8 weeks’
limit.
(3) A Department
Head will inform a staff member in writing on a regular basis of the staff
member’s recreation leave accrual.
(4) Miscellaneous
(i) Recreation
leave is to be granted in multiples of 1 hour.
(ii) Recreation
leave for which a staff member is eligible on cessation of employment is to be
calculated to a quarter day (fractions less than a quarter being rounded up).
(iii) Recreation
leave does not accrue to a staff member in respect of any period of absence
from duty without leave or without pay, except as specified in sub-clause (iv) below.
(iv) Recreation
leave accrues during any period of leave without pay granted on account of
incapacity for which compensation has been authorised to be paid under the Workers Compensation Act 1987; or any
period of sick leave without pay or any other approved leave without pay, not
exceeding 5 full time working days, or their part time equivalent, in any period
of 12 months.
(v) The
proportionate deduction to be made in respect of the accrual of recreation
leave on account of any period of absence referred in sub-clause (iv) above, shall be calculated to an exact quarter-day (fractions
less than a quarter being rounded down).
(vi) Recreation
leave accrues at half its normal accrual rate during periods of extended leave
on half pay or recreation leave taken on half pay.
(vii) Recreation leave
may be taken on half pay in conjunction with and subject to the provisions
applying to adoption, maternity or parental leave under the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009.
(viii) On cessation of
employment, a staff member is entitled to be paid, the money value of accrued
recreation leave which remains untaken.
(ix) A staff member
to whom sub-clause (viii) above applies, may elect to
take all or part of accrued recreation leave which remains untaken at cessation
of active duty as leave or as a lump sum payment; or as a combination of leave
and lump sum payment.
(5) Additional
Recreation Leave - Shiftworkers
(i) Staff
members who are rostered to work their ordinary hours on Sundays and/or Public
Holidays during a qualifying period of employment for recreation leave purposes
shall be entitled to receive additional recreation leave as follows:
Number of ordinary
shifts worked on Sundays and/or Public Holidays during qualifying
|
Additional
Recreation Leave
|
period of
employment for Annual Leave purposes
|
|
4 to 10
|
1 day
|
11 to 17
|
2 days
|
18 to 24
|
3 days
|
25 to 31
|
4 days
|
32 or more
|
5 days
|
(ii) For part-time
staff members, the "days" referred to in the above table will be equivalent
to pro-rata contracted hours.
(iii) A staff member
may elect to be paid an amount equivalent to the value of their additional
recreation leave entitlement accrued under subclause (i). Such election must be in writing and may be
made at any time subject to subclause (iv) below.
(iv) Additional
recreation leave accrued under Clause 15(5) is accrued over at least a 12 month
qualifying period and will be credited to the leave balance or paid out,
according to the election of the staff member, on anniversary of employment.
(v) Provided
further that on termination of employment, staff members shall be entitled to
payment for any untaken recreation leave due under Clause 14(5), together with payment
for any untaken leave in respect of an incomplete year of employment,
calculated in accordance with Clause 14(5).
(6) Annual Leave
Loading
(i) A
shift worker, shall be paid whilst on recreation leave their ordinary pay plus
shift allowances and weekend penalties relating to an average of shift
penalties received by a staff member in a 12 month period prior to commencing
on leave. Where a staff member has not
worked shift work for a period of 12 months prior to commencement on leave,
then an average of shift penalties paid in the lesser period since date of
appointment as a staff member is to apply.
(ii) Provided that,
in relation to subclause (i) above, shift allowances
and weekend penalties shall not be payable for public holidays which occur during
a period of recreation leave or for days which have been added to recreation
leave in accordance with the provisions of Clause16 Public Holidays.
(iii) Staff members
shall be entitled to an annual leave loading of 17.5%, or shift penalties as
set out in subclauses (i) and (ii) above, whichever
is the greater, on up to four weeks recreation leave for non-shift workers and
up to five weeks recreation leave for shift workers.
(iv) Where staff
members receive additional recreation leave under Clause 14(1)(iv),
the annual leave loading shall continue to be paid on a maximum of 4 weeks
leave.
(v) For the
calculation of annual leave loading, the leave year shall commence on 1
December each year and shall end on 30 November of the following year.
(vi) Payment
of the annual leave loading shall be made on the recreation leave accrued
during the previous leave year and shall be subject to the following
conditions:
(1) Annual leave
loading shall be paid on the first occasion in a leave year, other than the first
leave year of employment, when a staff member takes at least two (2)
consecutive weeks recreation leave. Such leave may be a combination of recreation
leave, public holidays, extended leave (long service leave), leave
without pay, time off in lieu and rostered day off with pay.
(2) If at least two
weeks’ leave, as set out in paragraph (1) of this subclause, is not taken in a
leave year, then the payment of the annual leave loading entitlement for the
previous leave year shall be made to the staff member as at 30 November of the
current year.
(3) While annual
leave loading shall not be paid in the first leave year of employment, it shall
be paid on the first occasion in the second leave year of employment when at
least two weeks leave as specified in paragraph (1) of this subclause, is
taken.
(4) A staff member
who has not been paid the annual leave loading for the previous leave year,
shall be paid such annual leave loading on resignation, retirement or
termination by the employer for any reason other than the staff member’s
serious and intentional misconduct.
(5) Except in cases
of voluntary redundancy, proportionate leave loading is not payable on
cessation of employment.
15. Public Holidays
(1) General
(i) Staff
members shall be allowed to have public holidays off on full pay.
(ii) For the
purposes of this clause the following shall be deemed public holidays, viz: New Year’s Day, Australia Day, Good Friday, Easter
Saturday, Easter Monday, Christmas Day, Boxing Day, Anzac Day, Queen’s
Birthday, Local Labour Day and any other day duly proclaimed and observed as a
public holiday throughout the State of New South Wales.
(iii) Except as
otherwise provided in this subclause, where a staff member is required to and
does work on any day of the holidays set out in subclause (ii) above, whether
for a full shift or not, the staff member shall be paid at time and a half
extra to the weekly rate for the ordinary rostered hours of duty. Such payment is to be in lieu of weekend or
shift allowances which would otherwise be payable had the day not been a public
holiday.
(iv) Staff members
may elect to be paid at half time extra to the weekly rate for the ordinary
rostered hours and have the equivalent of the rostered hours added to their
period of recreation leave for each public holidays worked in lieu of the
payment provided in subclause (iii) above.
(v) Staff members
who are rostered off duty on a public holiday shall:
(1) be paid one
day’s pay in addition to the weekly rate or, if the officer so elects,
(2) have one day added to their period of recreation leave.
(vi) Where a staff
member is rostered for a shift that crosses midnight on a public holiday, and
the total rostered hours on the public holiday are less than the equivalent of
a full shift, for the purposes of subclause (v) above, the shift will be deemed
to have been worked on the day on which the majority of time was actually
worked.
(vii) Where because of
the majority of hours falling on a non-public holiday the shift is regarded as
a non-public holiday shift, the staff member shall be deemed to have been
rostered off duty on the public holiday and shall be paid in accordance with
subclause (v).
(viii) The elections
referred to in sub-clauses (iv) and (v) above, and in
this sub-clause are to be made in writing.
Provided that a staff member may at any time change their election and
may also elect to cash out any additional recreation leave balance accrued from
these elections.
(ix) In addition to
those public holidays specified in subclause (ii) above, staff members shall be
entitled to an extra public holiday each year.
Such public holiday will occur on a day between Boxing Day and New
Year’s Day determined by the appropriate Department Head as a public service
holiday.
(x) Staff members
receive the public holiday in sub-clause (ix) above in lieu of any local
holiday.
(xi) For the
purposes of this clause "full pay" shall mean the appropriate rate
prescribed for the hours which the staff member would have worked had the day
not been a public holiday.
(xii) Team Leaders
will ordinarily be rostered off duty on public holidays and receive the
benefits under sub-clause (v) above.
(2) Six Weeks Base
Recreation Leave Staff Members
(i) Sub-clauses
in section (2) apply to staff members in receipt of six weeks leave.
(ii) The provisions
of sub-clause (1) (i) - (v) do not apply. However, staff members may receive the
additional public holiday in sub-clause (1) (ix) and may exercise the elections
specified in subclause (1) (vi) and (vii) above.
(iii) Where a staff
member is required and does work on any public holiday, whether for a full
shift or not, they shall be paid at half time extra for the ordinary rostered
hours of duty.
(3) Part-time Staff
Members
(i) The
provisions of this sub-clause (1) apply to part-time staff members engaged
under Clause 7(2) and
(ii) The provisions
of sub-clause (1) do not apply to part-time staff members engaged under Clause
7(4) of this Award and who are in receipt of the 15% part-time loading. However, each staff member engaged under
Clause 7(4) who is required to and does work on a public holiday as defined
under sub-clause (ii) above, shall be paid at the rate of double time and
one-half in lieu of the 15% part-time loading.
16. Paid Special Sick Leave
(1) Paid Special Sick Leave
Paid
special sick leave shall be granted by the Department if an employee satisfies
the following criteria:
(i) has ten or more years of service
(ii) has been or will
be absent for a period of at least three months; and
(iii) has exhausted or
will exhaust, all sick leave entitlements.
(2) Paid sick leave will be granted in
accordance with the following table:
Completed years of service
|
Number of working days
|
|
|
|
5 day week
|
6 day week
|
7 day week
|
10
|
22
|
26
|
30
|
20
|
44
|
52
|
60
|
30
|
66
|
78
|
90
|
40
|
88
|
104
|
120
|
50
|
110
|
150
|
150
|
17. Paid Union Leave
(i) The
provisions for paid Union Leave will be in accordance with Section 5 Clauses 53
to 66 of the Crown Employees (Public Service Conditions of Employment) Reviewed
Award 2009.
(ii) In addition to
the provisions under subclause (i) above, members of
the Association, who are accredited by the Association as Association
delegates, shall be entitled to apply for paid special leave for attendance at
Association delegates’ meetings.
18. Payment and
Particulars of Salary
(i) Wages
shall be paid fortnightly; provided that, for the purpose of adjustments of
wages related to alterations in the basic wage, from time to time affective,
the pay period shall be deemed to be fortnightly. On each payday the pay shall be made up to a date
not more than three days prior to the day of payment and shall include all
payments due to the staff member for that particular pay period.
(ii) Staff members
shall have their salary paid into a bank or other financial institution in New
South Wales, as nominated by the staff member. Salaries shall be deposited by
ADHC in sufficient time to ensure that salaries are available for withdrawal by
staff members by no later than pay day.
(iii) Staff members
proceeding on long service leave, extended leave and recreation leave, shall on
request, be paid in advance prior to commencing such leave. However, where a staff member wishes to
receive their pay on their usual pay day, this shall be done.
(iv) Notwithstanding
the provisions of subclause (ii) above, a staff member should be paid all monies
due to them by ADHC within 48 hours of ceasing duty on the last day of
employment.
(v) On each pay day
a staff member, in respect of the payment then due, shall be furnished with a
statement, in writing, containing the following particulars, namely: name, the
amount of ordinary salary, the total number of ordinary hours, the total number
of hours of overtime worked, if any, the amount of any overtime payment, the
amount of any other monies paid, and the purpose for which they are paid and
the amount of the deductions made from total earnings and the nature thereof.
(vi) Where
retrospective adjustments of wages are paid to staff members, such payments,
where practicable, shall be paid as a separate payment to ordinary wages. Such payment shall be accompanied by a
statement containing particulars as set out in subclause (v) above.
19. Accommodation and
Amenities
(i) Suitable
dining areas, lavatory and washing facilities and lockable facilities for staff
members personal belongings shall be made available in
all Departmental facilities.
(ii) In all units,
hot and cold showers and conveniences shall also be available for staff
members.
(iii) Where major
additions to presently occupied buildings or new buildings are erected, the
amenities to be available in such additions or new buildings shall be the
subject of negotiations between the parties.
20. Uniforms and
Protective Clothing
(i) Staff
members shall not be required to wear a uniform or any part thereof. Therefore, no allowance in lieu of the supply
of uniforms shall be payable.
(ii) Where the
nature of the duties to be performed so warrants, suitable protective outer
garments shall be available for the use of staff members.
21. Dispute Resolution
Procedures
(i) All
grievances and disputes relating to the provisions of the Award shall initially
be dealt with as close to the source as possible, with graduated steps for
further attempts at resolution at higher levels of authority within ADHC, if
required.
(ii) A staff member
is required to notify, in writing, their immediate manager as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter and, if possible, state the remedy sought.
(iii) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes
it impractical for the staff member to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Department Head or delegate.
(iv) The
immediate manager shall convene a meeting in order to resolve the grievance,
dispute or difficulty within two working days, or as soon as practicable, of the
matter being brought to attention.
(v) If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond
within two working days, or as soon as practicable. The staff member may pursue this sequence of
reference to successive levels of management until the matter is referred to
the Regional Manager or Branch Head.
(vi) The Regional
Manager or Branch Head may refer the matter to ADHC’s Human Resources or Employment
Relations Branch for consideration.
(vii) If the matter
remains unresolved, ADHC shall provide a written response to the staff member and
any other party involved in the grievance, dispute or difficulty, concerning
action to be taken, or the reason for not taking action, in relation to the
matter.
(viii) A staff member,
at any stage, may request to be represented by their union.
(ix) The staff member
or the union on their behalf, or the Department Head, may refer the matter to
the Industrial Relations Commission of New South Wales if the matter is
unresolved following the use of these procedures.
(x) The staff
member, union and ADHC shall agree to be bound by any order or determination by
the Industrial Relations Commission in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) above
are being followed, normal work undertaken prior to notification of the dispute
or difficulty shall continue unless otherwise agreed between the parties, or,
in a case involving occupational health and safety, if practicable, normal work
shall proceed in a manner which avoids any risk to the health and safety of any
staff member or member of the public.
22.
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."
23. Association
Representative
(i) An
officer appointed Association representative shall, upon notification thereof
in writing to ADHC, be recognised as the accredited representative of the
Association and shall be allowed the necessary time, during working hours, to
interview ADHC and staff members on matters affecting staff members.
24. Notice Board
(i) ADHC
shall provide and erect a notice board of reasonable dimensions in each unit,
to be erected in a prominent position and upon which the Association
representative shall be able to post Association notices.
25. Medical
Examinations
(i) Staff
members required to work in areas where they are subject to a higher than
normal risk of infection shall be given appropriate check-ups upon making
application therefore to ADHC.
26. Deduction of Union
Membership Fees
(i) The
union shall provide ADHC with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union’s
rules.
(ii) The union shall
advise ADHC of any change to the amount of fortnightly membership fees made
under its rules. Any variation to the
schedule of union fortnightly membership fees payable shall be provided to the
employer at least one month in advance of the variation taking effect.
(iii) Subject to (i) and (ii) above, ADHC shall deduct union fortnightly membership
fees from the pay of any staff member who is a member of the union in
accordance with the union’s rules, provided that the staff member has
authorised ADHC to make such deductions.
(iv) Monies
so deducted from staff member’s pay shall be forwarded
regularly to the union together with all necessary information to enable the
union to reconcile the credit subscriptions to staff member’s union membership
accounts.
(v) Unless other
arrangements are agreed to by ADHC and the union, all union membership fees
shall be deducted on a fortnightly basis.
(vi) Where a staff
member has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the staff member to make a fresh authorisation in order for
such deductions to continue.
27. Mobility of Staff
(i) All
staff members are recruited to a District, not a unit. The movement of staff
members within the District will occur in a reasonable manner.
(ii) Staff may be
rotated through shifts at various units for the following purposes where
practicable:
For staff and workforce development, including unit
induction;
To meet client support needs;
To address Work Health and Safety issues or injury
management obligations;
When a staff member has identified a desire to work in
another unit; or
To support workforce requirements including the filling
of long term vacancies.
(iii) Staff will not
be asked to work a shift in another unit:
Without reasonable notice; or
If the distance the staff member is required to travel
is unreasonable having regard to the individual’s circumstances
(iv) Where
possible, all transfers will be undertaken on a voluntary basis.
(v) Where an involuntary
transfer is necessary, consultation with the PSA will be undertaken prior to
the transfer being affected.
(vi) For
the purposes of this clause, no transfer will be used as a punitive measure.
28. General Conditions
of Employment
(i) It
is the intention of the parties to this Award that all other conditions not
specified in this Award will be in accordance with the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009, Government Sector Employment Act 2013 and the Government Sector
Employment Regulation 2013.
29. No Extra Claims
Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public
Sector Conditions of Employment) Regulation 2014, there shall be no further
claims/demands or proceedings instituted before the NSW Industrial Relations
Commission for extra or reduced wages, salaries, rates of pay, allowances or
conditions of employment with respect to the Employees covered by the Award
that take effect prior to 30 June 2020 by a party to this Award.
30. Area, Incidence
and Duration
This Award applies to staff members and casual employees who
are employed by ADHC in a classification listed in Schedule A of this Award,
and defined in Clause 2 of this Award, who come within
the constitutional coverage of the Association.
This award replaces the Crown Employees Ageing, Disability
and Home Care - NSW Department of Family and Community Services (Community
Living Award) 2018 Award published 2 August 2019 (384 I.G. 788) and all variations
thereof.
This Award shall take effect on and from 1 July 2019 and
shall remain in force until 30 June 2020.
PART B
SCHEDULE 1 - RATES OF PAY
Level
|
Year
|
Effective from
1.7.18
|
Effective from
1.7.19
|
|
|
Per Annum 2.5%
|
Per Annum 2.5%
|
|
|
$
|
$
|
Disability Support Worker
|
1
|
53,628
|
54,969
|
|
2
|
54,572
|
55,936
|
|
3
|
56,001
|
57,401
|
|
4
|
57,089
|
58,516
|
|
5
|
58,168
|
59,622
|
|
6
|
59,770
|
61,264
|
|
7
|
60,808
|
62,328
|
|
8
|
61,877
|
63,424
|
|
9
|
63,950
|
65,549
|
|
10
|
66,028
|
67,679
|
Team Leader* One Unit
|
1
|
94,782
|
97,152
|
|
2
|
96,685
|
99,102
|
Team Leader* Two Units
|
1
|
97,616
|
100,056
|
|
2
|
99,554
|
102,043
|
Community Support Worker
|
1
|
53,628
|
54,969
|
|
2
|
54,572
|
55,936
|
|
3
|
56,001
|
57,401
|
|
4
|
57,089
|
58,516
|
|
5
|
58,168
|
59,622
|
Community Worker
|
1
|
58,168
|
59,622
|
|
2
|
59,770
|
61,264
|
|
3
|
61,877
|
63,424
|
|
4
|
65,464
|
67,101
|
|
5
|
68,508
|
70,221
|
|
6
|
71,936
|
73,734
|
|
7
|
75,736
|
77,629
|
|
8
|
79,380
|
81,365
|
Community Consultant
|
1
|
76,581
|
78,496
|
|
2
|
80,398
|
82,408
|
|
3
|
83,403
|
85,488
|
|
4
|
86,720
|
88,888
|
|
5
|
91,072
|
93,349
|
Table 1
SCHEDULE 2 - RATES OF PAY
Transitional Arrangements for Residential Support Workers
Level 2 with 12 months or more service at their current rate of pay who were
prevented from further annual increments due to qualification requirements
under previous award provisions.
Classification and
Grades
|
1.7.18
|
1.7.19
|
|
Per annum
|
Per annum
|
|
2.50%
|
2.50%
|
|
$
|
$
|
Residential Support Worker Level 2
|
|
|
Year 1
|
57,071
|
58,498
|
Year 2
|
58,168
|
59,622
|
Year 3
|
59,770
|
61,264
|
Year 4
|
60,808
|
62,328
|
Year 5
|
61,877
|
63,424
|
Year 6
|
63,950
|
65,549
|
Disability Support Worker
|
|
|
Year 5
|
58,168
|
59,622
|
Year 6
|
59,770
|
61,264
|
Year 7
|
60,808
|
62,328
|
Year 8
|
61,877
|
63,424
|
Year 9
|
63,950
|
65,549
|
Year 10
|
66,028
|
67,679
|
SCHEDULE 3 - ALLOWANCES
Allowances
|
1.7.18
|
1.7.19
|
|
Per annum
|
Per annum
|
|
2.50%
|
2.50%
|
|
$
|
$
|
(i) An officer who is required by
the Department to accompany clients on excursions, etc., which necessitate
overnight stays
|
|
|
shall be paid in allowance equivalent to eight hours at
ordinary rates for each overnight stay
|
|
|
(ii) An officer who is nominated to supervise a team in a
community based service, other than in a residential setting, shall be
|
|
|
paid a Team Leader Allowance as follows
|
|
|
No of staff Supervised 5 to 10
|
4,122
|
4,225
|
No of staff Supervised 11 to 25
|
6,882
|
7,054
|
No of staff supervised 26 to 40
|
9,646
|
9,887
|
No of staff Supervised 40 +
|
11,004
|
11,279
|
SCHEDULE 4 - ROSTERING PRINCIPLES
(1) Statement of
Intent
These principles are to be adopted by Regions in rostering
Disability Support Workers and Team Leaders within Ageing, Disability and Home
Care (ADHC). They are to be read in conjunction with the Crown Employees
Ageing, Disability and Home Care - Department of Human Services NSW (Community
Living Award) 2016 (hereafter referred to as the Award).
ADHC is responsible for the delivery of client services
in the accommodation and respite business stream. In determining rostering
requirements line managers must have regard to the identified client needs requiring
staff support, OH&S obligations, management of risk and the allocated
budget.
This document set outs the principles to be applied in
the rostering of staff in line with the Award provisions.
(2) Award and
General Parameters
(i) Rosters
must meet the needs of ADHC and its clients. In this context ADHC is committed
to maximising the flexibility available to employees to balance their work and
personal/family obligations.
(ii) Requests for
roster changes due to personal/family obligations should be given favourable
consideration where the request can be practicably and reasonably facilitated. So far as possible, reasonable notice should be provided by the
employee. In this context Team Leaders need to consider NSW Government
policy and legislative requirements regarding accommodating personal and family
obligations, and may need to balance competing and/or conflicting requests from
staff. The Business link Human Resources section in each
Region are available to provide advice to Team Leaders when making
rostering decisions.
(iii) Shifts may be
swapped by mutual agreement with the prior approval of the Team Leader.
(iv) The
requirements of Clause 4 "Hours" and Clause 5 "Rosters of
Hours" of the Award are to be met. Rosters are to be for a period of 28
calendar days.
(v) Standard shift
lengths for full time employees are 8 or 10 hours.
(vi) The
minimum ordinary hours that may be rostered for permanent/temporary part time
or casual employees is 3 hours and ordinary shift lengths will otherwise not exceed
normal full time hours.
(vii) Clause 5
"Roster of Hours" of the Award sets out the terms and conditions of
payment to staff, including the payment of overtime, where alterations are made
to a roster.
(viii) Where a change
in roster occurs within less than 24 hours’ notice to the affected staff member
all time worked outside that shown on the roster shall be paid at overtime
rates.
(3) Master and
Operational Rosters
(i) Master
rosters are developed by Team Leaders in consultation with staff and provided
to Coordinators Accommodation and Respite for approval.
(ii) Operational
rosters are developed by Team Leaders in consultation with staff.
(iii) Rosters are not
to be used as a mechanism to inappropriately advantage or disadvantage any staff
member.
(iv) The
development of master rosters and any changes to them are to be the subject of
consultation with all permanent and temporary staff.
(v) Operational
rosters are developed from the master roster in consultation with staff.
Operational rosters will reflect deviations from the master roster.
(vi) An
operational roster may be changed at any time to enable the operation of the
service to be carried on. Long term or anticipated changes to client needs will
be reflected as a change to the master roster.
(vii) Operational
rosters are to be displayed two weeks in advance of the rostering commencing.
(viii) Any change in
the displayed operational roster must be notified verbally and in writing,
where practical, to the staff member concerned. In all cases a written record
of the decision must be kept. Any change to the operational roster which
exceeds the cost of the roster budgeted for that location is subject to
approval.
(4) Needs Based
Rostering
(i) All
full-time and part-time employees are employed as shift workers on a 24/7 basis
in accordance with the Award subject to any part-time work agreements.
(ii) The rostering
arrangements should be appropriate to the client needs and the staffs’ skills.
(iii) All staff
should be rostered in a way that:
(a) is based on rostering need such as capacity for supervision
(informal/formal); ability to perform key worker role; and opportunity to work
alongside other colleagues.
(b) facilitates their attendance at staff meetings and approved
professional development and training. Every endeavour is to be made to ensure
all staff can attend staff meetings e.g. the immediately prior rostered night
shift to be arranged for a person outside the unit.
(iv) All employees
who have not previously worked in a ADHC Group Home or
Respite Unit where they will be required to work are to receive 3 hours of
orientation to the unit or more if necessary. The hours for the orientation are
to be supernumery for the employee being inducted
into the unit.
(5) Filling of Vacant
Shifts - Where the Vacancy Will Not Exceed 5 Working Days
(i) For
vacancies not exceeding 5 working days there is usually a need to supplement
the workforce as a consequence of:
(a) changing client needs
(b) the absence of another employee
(c) an emergency.
(ii) Vacancies not
exceeding 5 working days are to be filled in the following order:
(a) Additional
hours offered to permanent and/or temporary part-time employees.
(b) Engagement of
casual employees at ordinary rates i.e. not overtime work.
(c) Overtime.
(d) Agency staff.
(iii) In the filling
of vacancies not exceeding 5 working days regions should explore options for
using existing staff from within the Cluster and also within Region.
(iv) Provided
that in making the offer of additional, casual or overtime hours, the
total number of hours which will be worked by the employee in the fortnight
period is taken into account. This is necessary to meet OH&S
responsibilities in relation to fatigue management. The working of a maximum of
96 hours per fortnight is considered reasonable
(v) All employees
are expected to take reasonable steps to fill immediate short term vacancies.
The filling of all other vacancies will be the responsibility of the line
manager responsible for rostering of that Unit.
(vi) Disability
Support Workers need not seek the approval of the Team Leader or the on-call
officer in filling a short-term vacancy, provided that the offer of hours or
work is line with these principles and follows the order set out in (ii) above.
However, in emergency situations, particularly in instances where the immediate
health and safety of a client or employee is seriously at risk and the Team
Leader is not rostered to work, employees may directly contact employees to
attend work in the absence of an approval from a manager to do so. Contact is
to be made with the line manager responsible for rostering of that Unit as soon
as practicable after the engagement has been made.
(6) Filling of
Vacant Shifts - Vacancies Exceeding 5 Days
(i) Where
it is known in advance that there will be a vacant line on a roster and the
vacancy is not short term, ADHC’s preference is to fill the entire line
wherever practicable. The order outlined below will be applied in the first
instance to the entire vacancy. If it is found that the vacancy can not be filled by a single staff member, then the vacant
shifts will be offered to staff in the following order;
(a) Permanent
part-time staff to be offered a temporary increase in hours.
(b) New temporary
contract of employment or variation of contract for existing temporary staff. Where appropriate may also be administered by way of payment of
additional hours.
(c) Engagement of
casual employees at ordinary rates i.e. not overtime work.
(d) Overtime.
(e) Engagement of
agency staff.
(ii) The Guidelines
for the Engagement of Agency staff in Group Homes and Respite Centres are to be
consulted where it is proposed to engage agency staff.
(7) Dispute
Resolution
(i) In
the first instance concerns about rostering should be the subject of discussion
between the staff members involved and their immediate supervisor. Team
meetings or supervision sessions may be the appropriate forum for these
discussions. In the case that the matter remains unresolved, the matter should
be raised with the Coordinator Accommodation and Respite who will address the
issue if necessary with the Manager, Accommodation and Respite.
(ii) ADHC will
monitor the application of these principles by Regions through the localised
joint consultative committees between ADHC and the PSA. Where issues remain
unresolved they may be referred to ADHC’s Central Office for assistance.
P. M. KITE, Chief Commissioner
Printed by the authority of the Industrial Registrar.