Goldenfields Water County Council Enterprise Award
2020
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Local Government and Shires Association of New South Wales, Industrial Organisation of Employers.
(Case No. 52646 of 2020)
Before Commissioner Murphy
|
11 March 2020
|
AWARD
PART A
1. Arrangement
Clause No.       Subject Matter
1Â Â Â Â Â Â Â Â Arrangement
2Â Â Â Â Â Â Â Â Statement
of Intent
3Â Â Â Â Â Â Â Â Area,
Incidence and Duration
4Â Â Â Â Â Â Â Â Agreed
Objectives
5Â Â Â Â Â Â Â Â Anti-discrimination
6Â Â Â Â Â Â Â Â Definitions
7Â Â Â Â Â Â Â Â Skill Descriptors
8Â Â Â Â Â Â Â Â Rates of
Pay
9Â Â Â Â Â Â Â Â Salary
System
10Â Â Â Â Â Â Use of
Skills
11Â Â Â Â Â Â Payment for
Relief Duties/Work
12Â Â Â Â Â Â Payment of
Employees
13Â Â Â Â Â Â Salary
Sacrifice
14Â Â Â Â Â Â Superannuation
Fund Contributions
15Â Â Â Â Â Â Allowances,
Additional Payments and Expenses
16Â Â Â Â Â Â Motor
Vehicle Leaseback
17Â Â Â Â Â Â Residence
18Â Â Â Â Â Â Hours of
Work
19Â Â Â Â Â Â Overtime
20Â Â Â Â Â Â Holidays
21Â Â Â Â Â Â Union
Picnic Day
22Â Â Â Â Â Â Leave
Provisions
23Â Â Â Â Â Â Flexibility
for Work and Family Responsibilities
24Â Â Â Â Â Â Phased
Retirement
25Â Â Â Â Â Â Part-time
Employment
26Â Â Â Â Â Â Casual
Employment
27Â Â Â Â Â Â Job Share
Employment
28Â Â Â Â Â Â Junior and Trainee
Employment
29Â Â Â Â Â Â Training
and Development
30Â Â Â Â Â Â Consultative
Committees
31Â Â Â Â Â Â Term
Contracts
32Â Â Â Â Â Â Grievance
and Dispute Procedures
33Â Â Â Â Â Â Disciplinary
Procedures
34Â Â Â Â Â Â Work Health
and Safety
35Â Â Â Â Â Â Health and
Wellbeing
36Â Â Â Â Â Â Termination
of Employment
37Â Â Â Â Â Â Council
Agreements
37Â Â Â Â Â Â Workplace
Change and Redundancy
39Â Â Â Â Â Â Savings and
Transitional
40Â Â Â Â Â Â Employee
Loyalty/Attendance Bonus
PART B - ANNEXURE - TABLE 1 - PAY RATES & ALLOWANCES
PER WEEK
2.Â
Statement of Intent
2.1Â Â Â Â Â Scope
It is the intention of the parties that the "Goldenfields Water County Council Enterprise Award
2020" shall apply to all employees of Goldenfields
Water County Council, save and except for employees designated as "senior
staff" pursuant to the Local
Government Act 1993 (NSW) or its replacement legislation.
2.2Â Â Â Â Â Coverage and
Parties
This Award shall apply to all current and future
employees of Goldenfields Water, save and except for
employees designated as "senior staff" pursuant to the Local Government Act 1993 (NSW).
The parties to this Award are the Local Government NSW;
Goldenfields Water County Council; the New South
Wales Local Government, Clerical, Administrative, Energy, Airlines &
Utilities Union; the Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union; and the Electrical Trades Union (N.S.W.) of
Australia; and the Local Government Engineers Association.
3.Â
Area, Incidence and Duration
3.1Â Â Â Â Â Applicability
This Award shall apply to Goldenfields
Water County Council (elsewhere referred to as "Council") and all employees,
save and except for employees designated as "senior staff" pursuant
to the Local Government Act 1993
(NSW).
3.2Â Â Â Â Â Rescission
of 2017 Award
This Award rescinds and replaces the Goldenfields Water County Council Enterprise Award 2017
published 24 November 2017 (382 I.G. 54).
3.3Â Â Â Â Â Nominal term
This agreement operates from the first full period on
or after 1 July 2020 and will remain in force until the first pay period on or
after 30 June 2023.
3.4Â Â Â Â Â Negotiation for replacement
The parties agree to commence negotiations for a
replacement Enterprise Award no later than twelve months prior to the nominal
expiry date of this Award.
4. Agreed Objectives
4.1Â Â Â Â Â The agreed
objectives of this Award are:
4.1.1Â Â The parties to
this Award are committed to co-operating positively to increase the structural
efficiency of the Council and to provide employees with access to more
fulfilling, varied and better-paid work by providing measures to, for instance:
4.1.1.1Â Â Â Â Â Â Â Â Â Â Â Improve
skill levels and establish skill-related career paths;
4.1.1.2Â Â Â Â Â Â Â Â Â Â Â Eliminate
impediments to multi-skilling;
4.1.1.3Â Â Â Â Â Â Â Â Â Â Â Broaden
the range of tasks which a worker may be required to perform;
4.1.1.4Â Â Â Â Â Â Â Â Â Â Â Achieve
greater flexibility in workplace practices;
4.1.1.5Â Â Â Â Â Â Â Â Â Â Â Eliminate
discrimination and sexual harassment;
4.1.1.6Â Â Â Â Â Â Â Â Â Â Â Eliminate
harassment and bullying;
4.1.1.7Â Â Â Â Â Â Â Â Â Â Â Establish
rates of pay and conditions that are fair and equitable;
4.1.1.8Â Â Â Â Â Â Â Â Â Â Â Work
reasonable hours;
4.1.1.9Â Â Â Â Â Â Â Â Â Â Â Ensure
flexibility for work and family responsibilities; and
4.1.1.10Â Â Â Â Â Â Â Â Â Ensure
the delivery of quality services to the community and continuous improvement.
4.1.2Â Â Co-operation
between Council and Employees to achieve:
4.1.2.1Â Â Â Â Â Â Â Â Â Â Â Management
Plan objectives and strategies;
4.1.2.2Â Â Â Â Â Â Â Â Â Â Â Improved
productivity, including taking action to reduce water wastage and ensuring pump
power usage efficiency;
4.1.2.3Â Â Â Â Â Â Â Â Â Â Â Early
fault detection and efficient repair methods;
4.1.2.4Â Â Â Â Â Â Â Â Â Â Â Ensuring
Customer Relations and Level of Service strategies are met by delivering high
quality attention and action in service to customers;
4.1.2.5Â Â Â Â Â Â Â Â Â Â Â Action
to reduce operating and maintenance costs; and
4.1.2.6Â Â Â Â Â Â Â Â Â Â Â Act
responsibly in respect to environmental matters.
5. Anti-Discrimination
5.1Â Â Â Â Â 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 (NSW) to prevent and eliminate discrimination in the workplace. This
includes without limitation discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
5.2Â Â Â Â Â The parties have
obligations pursuant to the dispute procedure 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 this Award which, by its terms or operation, has a direct or
indirect discriminatory effect.
5.3Â Â Â Â Â Under the Anti-Discrimination Act 1977 (NSW), 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.
Nothing in this clause is to be taken to affect:
5.4.1Â Â Any conduct or
act which is specifically exempted from anti-discrimination legislation;
5.4.2Â Â Offering or
providing junior rates of pay to persons under 21 years of age;
5.4.3Â Â Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977 (NSW);
5.4.4Â Â A party to this
Award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
5.5Â Â Â Â Â 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.
5.6Â Â Â Â Â Notes
5.6.1Â Â Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
5.6.2Â Â Section 56(d) of
the Anti-Discrimination Act 1977
(NSW) 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."
6.Â
Definitions
6.1Â Â Â Â Â Association
"Association" means Local Government NSW.
6.2Â Â Â Â Â Council
"Council" means Goldenfields
Water County Council. This definition shall be read subject to allocation of
responsibilities as specified in the Local
Government Act 1993 (NSW).
6.3Â Â Â Â Â Goldenfields
Award
"Goldenfields Water
County Council Enterprise Award 2020" as may be varied and/or replaced from
time to time.
6.5Â Â Â Â Â Union
"Union" means the New South Wales Local
Government, Clerical, Administrative, Energy, Airlines & Utilities Union
(USU); Australian Manufacturing Workers’ Union, Electrical Trades Union
(N.S.W.) of Australia and the Local Government Engineers Association.
6.6Â Â Â Â Â Ordinary Pay
6.6.1Â Â Ordinary Pay
means remuneration for the employee's normal weekly number of hours of work
calculated at the ordinary time rate of pay. Ordinary pay shall include, but
not be limited to the following penalties and allowances where they are
regularly received,
6.6.1.1Â Â Â Â Â Â Â Â Â Â Â Saturday,
Sunday and shift penalties
6.6.1.2Â Â Â Â Â Â Â Â Â Â Â Disability
allowances
6.6.1.3Â Â Â Â Â Â Â Â Â Â Â Tool
allowances
6.6.1.4Â Â Â Â Â Â Â Â Â Â Â On
call allowance
6.6.1.5Â Â Â Â Â Â Â Â Â Â Â First
aid allowance
6.6.1.6Â Â Â Â Â Â Â Â Â Â Â Community
language and signing work allowances.
Provided that subject to the exclusions below and at
clauses 11.2 and 22.3.5, an employee’s ordinary pay during periods of paid
leave under this Award shall not be more or less than what the employee would
have received had the employee not been on paid leave.
6.6.2Â Â The following allowances shall be excluded
from the composition of ordinary pay:
6.6.2.1Â Â Â Â Â Â Â Â Â Â Â Overtime
payments
6.6.2.2Â Â Â Â Â Â Â Â Â Â Â Camping
allowance
6.6.2.3Â Â Â Â Â Â Â Â Â Â Â Travelling
allowances
6.6.2.4Â Â Â Â Â Â Â Â Â Â Â Car
allowances
6.6.2.5Â Â Â Â Â Â Â Â Â Â Â Meal allowances
6.6.2.6Â Â Â Â Â Â Â Â Â Â Â Living
Away From Home Allowance (LAFHA)
6.7Â Â Â Â Â Days
Unless otherwise specified, any reference to 'days'
shall mean calendar days.
6.8Â Â Â Â Â Competency based training
"Competency based training" refers to training
concerned with the attainment and demonstration of specified skills, knowledge
and their application to meet industry standards.
6.9Â Â Â Â Â Superannuation contributions
"Superannuation contributions" means all
contributions to a complying superannuation fund, and includes (without
limitation) any superannuation contributions required to be made under the Superannuation Guarantee (Administration)
Act 1992 (Cth), and any additional superannuation
contributions made by way of salary sacrifice.
6.10Â Â Â Complying superannuation fund
"Complying superannuation fund" has the same
meaning as in the Superannuation Industry
(Supervision) Act 1993 (Cth).
6.11Â Â Â Seven day a week rotating roster system
"Seven day a week rotating roster system"
means a work roster system in which the employee is regularly required to work:
6.11.1 Ordinary hours on
each of the seven calendar days of the week; and
6.11.2 Ordinary hours on
at least one Saturday and one Sunday in every four, or in the case of a
seasonal worker an average of at least twelve Saturdays and twelve Sundays
during a twelve month period; and
6.11.3 On Public
Holidays; and
6.11.4 At different
agreed commencement times during the roster period (i.e. different shifts)
Provided that where, prior to the commencement of this
Award, an employee regularly worked according to a roster system that the
council regarded as a seven day a week rotating roster system, and the employee
continues to work according to the same roster system, the roster system shall
be deemed to be a seven day a week rotating roster system for that employee.
7. Skill Descriptors
The Award structure consists of skill based bands and levels
that are defined according to the following skill descriptors:
7.1Â Â Â Â Â Operational
Band 1, Level 1
Authority and accountability: Completion of basic tasks
with work closely monitored by the team leader or supervisor.
Judgement and problem solving: Judgement is limited and
coordinated by other workers.
Specialist knowledge and skills: Specialist knowledge
and skills are obtained through on-the-job training and council-based induction
training. Off-the-job training may lead to trade, technical or professional
qualifications.
Management
skills: Not required.
Interpersonal skills: Limited to communications with
other staff and possibly, with the public.
Qualifications and experience: Completion of School
Certificate or the Higher School Certificate may be sought. Completion of an
appropriate labour market program or similar short-term work/skills experience
is desirable.
7.2Â Â Â Â Â Operational
Band 1, Level 2
Authority and accountability: Responsible for
completion of basic tasks with individual guidance or in a team.
Judgement and problem solving: Applies standard
procedures with normally few if any options in the application of skills.
Specialist knowledge and skills: Job specific skills
and knowledge would normally be gained through on-the-job training and
experience. Short courses may be completed at TAFE.
Management
skills: Not required.
Interpersonal skills: Frequent communication with other
staff and/or the public common but normally at a routine level.
Qualifications and experience: Incumbents may have
attended short courses in specific work areas or be undertaking a technical
college certificate as completion of structured training program in
work-related area.
7.3Â Â Â Â Â Operational
Band 1, Level 3
Authority and accountability: Responsible for
completion of regularly occurring tasks with general guidance on a daily basis.
Judgement and problem solving: Judgement is required to
follow predetermined procedures where a choice between more than two options
are present.
Specialist knowledge and skills: Application of skills,
including machine-operation skills, following training "on the job"
or accredited external training over a number of months.
Management skills: Some guidance/supervision may be
required. May assist a co-ordinator/trainer with on-the-job training.
Interpersonal skills: Skills required for exchange of
information on straightforward matters.
Qualifications and experience: Suitable experience or
qualifications in a number of defined skill areas.
7.4Â Â Â Â Â Operational
Band 1, Level 4
Authority and accountability: Responsible for
supervising staff in operational duties or for work requiring independence in
the application of skills, subject to routine supervision. Responsible for
quality of work function.
Judgement and problem solving: Option on how to
approach tasks requires interpretation of problems and may involve precise
judgement in operational areas.
Specialist knowledge and skills: The number of work
areas in which the position operates makes the work complicated and a variety
of skills are required in its completion. Position may require competence in
operation of complex machinery.
Management skills: Supervisory skills in the
communication of instructions, training and the checking of work may be
required.
Interpersonal skills: Skills are required to convince
and explain specific points of view or information to others and to reconcile
differences between parties.
Qualifications and Experience: Experience to adapt
procedures to suit situations and a thorough knowledge of the most complex
operational work procedures to achieve work objectives.
7.5Â Â Â Â Â Administrative
/ Technical / Trades Band 2, Level 1
Authority and accountability: Responsible for the
completion of work requiring the application of trades, administrative or
technical skills.
Judgement and problem solving: Skills in assessing
situations and in determining processes, tools and solutions to problems.
Guidance is available.
Specialist knowledge and skills: Positions 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.
Qualifications and experience: Appropriate work-related
trade, technical or administrative qualifications or specialist skills
training.
7.6Â Â Â Â Â Administrative
/ Technical / Trades Band 2, Level 2
Authority and accountability: Responsibility as a
trainer/co-ordinator for the operation of a small section which uses staff and
other resources, or the position completes tasks requiring specialised
technical / administrative 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
readily available from others in solving problems.
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 involve explaining 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 or administrative skills, based upon suitable certificate or
post-certificate-level qualifications.
7.7Â Â Â Â Â Administrative
/ Technical / Trades Band 2, Level 3
Authority and accountability: May be responsible to
provide a specialised / technical service and to complete work which has some 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 require variation of 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 operational
and / or other administrative / 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 advanced certificate,
associate diploma, appropriate in-house training or equivalent combined with
extensive experience in the application of skills in the most complex areas of
the job.
7.8Â Â Â Â Â Professional
/ Specialist Band 3, Level 1
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 or administrative
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. Precedent is available from sources
within the council, and assistance is usually available from other professional
/ specialist staff in the work area.
Specialist 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 at this entry level to the
Professional / Specialist Band are not required to possess management skills.
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.
7.9Â Â Â Â Â Professional
/ Specialist Band 3, Level 2
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 knowledge and skills: Experience in the
application of technical concepts and practices requiring additional training
are 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.
7.10Â Â Â Professional
/ Specialist Band 3, Level 3
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 a number 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.
7.11Â Â Â Professional
/ Specialist Band 3, Level 4
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.
7.12Â Â Â Executive
Band 4
Authority and accountability: Accountable for the
direction and control of council or a department or the like. Influence and
commit council or a department or the like to long-term strategic directions.
Lead policy development and implementation.
Judgement and problem solving: Positions solve problems
through analytic reasoning and integration of wide-ranging and complex
information and have a high level of independence in determining direction and
approach to issues.
Specialist knowledge and skills: The position requires
the application of a range of specialist knowledge and skills, including
relevant legislation and policies and other areas of precedent. Ability to
provide authoritative advice to council.
Management skills: Application of corporate management
skills in a diverse organisation to establish goals and objectives. Manage and
control staff, budgets and work programs or major projects of council or a
department or the like utilising leadership, evaluation and monitoring skills
to facilitate achievement of objectives. Ability to generate innovative
approaches to more effectively deploy resources, meet changing circumstances
and improve service to the council's clients.
Interpersonal skills: Positions use persuasive skills
with external parties on major items of critical importance to council. They
motivate managers and staff at all levels by leading and influencing others to
achieve complex objectives. They influence the development of the council.
Qualifications and experience: Positions will have a
relevant degree or equivalent and management experience, combined with
accredited management qualifications.
8.Â
Rates of Pay
8.1Â Â Â Â Â Salary System
Council will maintain the salary system to complement
the skills-based structure and rates of pay of this Award. The Salary System is
a schedule of this Award.
8.2Â Â Â Â Â Weekly Rates
The actual weekly rates of pay applying to employees of
Goldenfields Water County Council, save and except
for employees designated as ‘senior staff’ pursuant to the Local Government Act 1993 (NSW) set out in Table 1 of Part B of
this award (i.e. the rates applicable under council's salary system) shall be
increased as follows:
8.2.1Â Â On the first full
pay period commencing on or after 1st July 2020, by 3%.
8.2.2Â Â On the first full
pay period commencing on or after 1st July 2021, by 3%.
8.2.3Â Â On the first full
pay period commencing on or after 1st July 2022, by 3%.
8.3Â Â Â Â Â Workers Compensation
The current weekly rate of pay of an employee for the
purposes of the Workers Compensation Act
1987 (NSW), shall be the rate paid to the employee under Council’s salary
system.
9. Salary System
9.1Â Â Â Â Â A salary system
determines how employees are paid. An employee shall be paid the salary system
rate of pay that recognises the skills the employee is required to apply on the
job.
9.2Â Â Â Â Â The salary
system shall have a structure that complements the entry level rates of pay and
skill descriptors in the Award by identifying grades. Each grade shall contain
a number of salary points/steps for progression that are over and above the entry
level rates of pay.
9.3Â Â Â Â Â Positions shall
be assigned a salary grade(s) within the structure. A position may extend
across more than one grade in council's salary system or level as prescribed by
Clause 7 Skills Descriptors of this Award.
9.4Â Â Â Â Â Progression
through the salary system shall be based upon the acquisition and use of
skills. Assessment for the progression
through the salary system shall occur annually.
9.5Â Â Â Â Â Skills for
progression relevant to the position/Grade shall be assigned to each salary point/step
within the grade or set at the annual assessment provided that such criteria
shall provide an opportunity to progress through the salary system relevant to
that grade subject to subclause 9.4.
9.6Â Â Â Â Â Council shall not
be required to conduct annual assessments for those employees who have
progressed through the salary system to the maximum point/step for their
position, provided that if an employee on or above the maximum point/step for
their position requests an annual assessment in writing, council will provide
one.
9.7Â Â Â Â Â At the time of
assessment, council shall advise the employee of the skills and/or the
performance objectives required for the employee to progress to the next salary
point/step and shall review the employee's training needs.
9.8Â Â Â Â Â The salary
system shall include a process by which employees can appeal against their
assessment.
9.9Â Â Â Â Â Employees shall
have access to the assessment document prior to the assessment and to
information regarding the grade, salary range and progression steps of the
position.
9.10Â Â Â Where a council
changes its salary system structure employees shall not suffer a reduction in
pay or salary range.
10. Use of Skills
10.1Â Â Â The parties are
committed to improving skill levels and removing impediments to multi skilling
and broadening the range of tasks that the employee is required to perform.
10.2Â Â Â The council may
direct the employee to carry out such duties that are within the limits of the
employee's skill, competence and training.
10.3Â Â Â An employee shall
be paid the salary system rate of pay that recognises the skills the employee
is required to apply on the job.
10.4Â Â Â The skills paid
for shall not be limited to those prescribed by the job description and may,
where appropriate, include skills possessed by the individual which are
required by council to be used as an adjunct to the employee's normal duties.
11. Payment for Relief
Duties/Work
11.1Â Â Â An employee
required to relieve in a position which is at a higher level within the salary
system shall be paid for that relief. The rate to be paid shall be determined
by considering the skills / experience applied by the employee relieving in the
position but shall be at least the minimum rate for that position in accordance
with the salary system except where the higher level skills have been taken
into account within the salary of the relieving employee.
11.2Â Â Â Payment for use
of skills relieving in a higher paid position shall be made for the time
actually spent relieving in the higher position and is not payable when the
relieving employee is absent on paid leave or an award holiday. An employee on
annual leave may be entitled to a higher rate of pay in accordance with the
provisions of Clause 22.3.5 of this Award.
11.3Â Â Â An employee under
this Award who is required to relieve in a senior staff position, so designated
under the Local Government Act 1993
(NSW), shall be paid an appropriate rate of pay commensurate with the duties
and responsibilities of the relief work undertaken.
12. Payment of
Employees
12.1Â Â Â Employees shall
be paid fortnightly or any other period by agreement on a fixed regular pay
day.
12.2Â Â Â Council shall fix
a regular payday, between Monday and Friday inclusive. Council may alter the
payday if there is prior agreement with the employees affected and the
employees shall not unreasonably withhold their agreement.
12.3Â Â Â Payment shall be
by direct credit to the employee's nominated account.
12.4Â Â Â The council shall
be entitled to deduct from the employee's pay such amounts as the employee
authorises in writing.
12.5   An employee’s
ordinary pay shall not be reduced when the employee is prevented from attending
work due to bushfire or other climatic circumstances beyond their control,
provided that this subclause shall not apply if:
12.5.1 Alternative duties
are available that the employee can usefully perform, or
12.5.2 The bushfire or
other climatic circumstance occurred outside of the State of New South Wales.
13. Salary Sacrifice
13.1Â Â Â Employees may
participate in a salary packaging scheme. A salary packaging arrangement will
be cost neutral to Council.
13.2Â Â Â 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.
13.3Â Â Â Benefits that may
be salary sacrificed include, but shall not be limited to, child care
facilities operated by council on its premises; and additional superannuation
and motor vehicles supplied by council under lease back arrangements where the
amount to be salary sacrificed for leaseback of a council motor vehicle is that
part of the lease back fee that exceeds council’s fringe benefit tax liability.
13.4Â Â Â The value of the
benefits shall be agreed between the council and employee and shall include
fringe benefits tax where applicable.
13.5Â Â Â 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.
13.6Â Â Â 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.
13.7   The employee’s gross
pay is their pre-tax ordinary pay less the values of the salary sacrifice
benefit including fringe benefit(s) tax.
13.8Â Â Â 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.
13.9Â Â Â The value of
salary sacrifice benefits and applicable fringe benefits tax shall be treated
as ordinary pay for the purposes of calculating overtime and termination payments.
13.10Â The employee is
responsible for seeking appropriate financial advice when entering into any
arrangement under this clause.
13.11Â The council will
ensure that the salary sacrifice arrangement complies with taxation and other
relevant laws.
13.12Â 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.
13.13Â A salary sacrifice
arrangement shall cease on the day of termination of employment.
13.14Â A salary sacrifice
arrangement shall be suspended during periods of leave without pay.
13.15Â Council may
maintain and/or enter into other salary sacrifice arrangements with employees.
14. Superannuation
Fund Contributions
Subject to the provisions of the Industrial Relations Act 1996 (NSW), Council shall make
superannuation contributions for current employees to their nominated
Superannuation Fund.Â
14.1Â Â Â Additional
Employer Superannuation Contribution
The total
employer contribution rate for each financial year covered by this agreement
will be 15%. Council will maintain a 5.50% buffer above the Federal Government
Superannuation Guarantee.
14.2Â Â Â Salary
Sacrifice Arrangements specific to Superannuation
14.2.1 For the purposes of this subclause:
I.        "Eligible employee" means an
employee with at least ten (10) years continuous service with the employer who
has an accrued entitlement to long service leave under the Award that is in
excess of the long service leave entitlement that the employee would have
accrued if covered by section 4 of the Long
Service Leave Act 1955 (NSW).
II.       "Excess LSL" means the long
service leave that an employee has accrued under the Award that is in excess of
the long service leave that the employee would have accrued if covered by
section 4 of the Long Service Leave Act
1955 (NSW).
III.      "LSL" means Long Service
Leave.Â
IV.     "LSL Act" means the Long Service Leave Act 1955 (NSW).Â
V.       "Ordinary Time Earnings" has
the same meaning as in section 6(1) of the Superannuation
Guarantee (Administration) Act 1992 (Cth).Â
VI.     "Superannuation Fund" means the
Local Government Superannuation Scheme.
14.2.2 Subject to this clause, eligible employees may,
with the consent of the employer, cash out some or all of their Excess LSL.
14.2.3 Any Excess LSL cashed out in accordance with
this clause shall be paid to the employee at the employee’s ordinary pay.
Example: A
full-time employee with 10 years’ continuous service with the employer accrues
13 weeks LSL under the Award, whereas they would have only accrued 8 weeks LSL
if covered by section 4 of the LSL Act.Â
After 10 years’ service, the employee would have up to 5 weeks Excess
LSL which may, with the consent of the employer, be cashed out.
14.2.4 Eligible employees who have Excess LSL cashed
out under this clause must enter into a Salary Sacrifice Arrangement for the
equivalent amount to be paid into the Superannuation Fund as Ordinary Time
Earnings, unless the employee has reached their concessional contribution
cap.Â
14.2.5 Notwithstanding clause 13.5 of the Award, any
Salary Sacrifice Arrangement made under this clause shall not be treated as an
approved benefit for superannuation purposes.
15.Â
Allowances, Additional Payments and Expenses
15.1Â Â Â Telephones
An employee who is required to have a landline
telephone at their home for Council purposes shall be compensated by Council
reimbursing rental fees and business related charges.
15.2Â Â Â Discretionary provision of mobile phone
Where required, a mobile telephone will be provided by
Council with all associated business usage costs including rental, message
bank, etc. being met by Council. Private usage of the phone will only be
charged if usage incurs Council additional charges.
15.3Â Â Â Living
away from home allowance (LAFHA)
15.3.1 LAHFHA -
Operational works
An employee who is required to undertake operational
works on behalf of Council, and who is required to remain at the location overnight
inside or outside of GWCC’s area (including 3rd party projects), shall be
provided with suitable accommodation at the expense of Council.
A living away from home allowance (LAFHA - Operational
Works) will apply at the rate set out in Annexure - Table 1. The Union and its
members will within reason ensure that projects (3rd party outside GWCC’s area)
requiring travel are adequately staffed to meet contract and/or scheduling
requirements.
15.3.2 LAHFHA -
Compulsory Training
An employee who is required by Goldenfields
to participate in compulsory external training and is required to remain at the
location overnight outside GWCC’s area, shall be paid a living away from home
allowance (LAFHA - Compulsory Training) at the rate set out in Annexure - Table
1.
This clause does not apply to employees who are
required to be away from home as a result of attending work-related
professional development courses, conferences and/or seminars.
15.4Â Â Â Incidentals
In addition to 15.3.1 above, Council shall pay for breakfast,
evening meals and all reasonable incidental expenses (as approved by the
General Manager) incurred as a result of the requirements to live away from
home.
15.5Â Â Â Disability Allowances
15.5.1 A disability allowance
in addition to the weekly rate of pay shall be payable to designated employees
to compensate for the special disabilities associated with the nature of duties
performed by outdoor staff.
This allowance shall be paid at the rate set out in
Annexure - Table 1 of this Award and shall be paid for all purposes of the
Award but shall not attract any penalty. The following employees shall be
entitled to be paid the allowance:
15.5.1.1Â Â Â Â Â Â Â Â Â All
employees in Levels 2, 3 and 4 of the Operational Band 1 and employees engaged
in the gardening, building, metal and mechanical trades of the Administrative /
Technical / Trades Band 2.
Excepting staff engaged in the following functions:
•         Administration
•         Finance
•         Supervising
in Band 2
•         Technical
Services
•         Employees
recognised in clause 15.5.1.2 below.
15.5.1.2Â Â Â Â Â Â Â Â Â Employees
in the following classifications (excluding supervisors), who are recognised as
working regularly in open trenches shall in addition to their weekly rate of
pay, be paid a disability allowance at the rate set out in Annexure - Table 1
of this Award. This allowance shall be paid for all purposes of the Award but
shall not attract any penalty.
•         Distribution
Staff
•         Construction
and Support Staff
•         Welders
The disability allowance is to compensate for the
special disabilities associated with the hours work and the offensive, filthy
and obnoxious nature of duties performed by employees engaged in this work.
15.6Â Â Â Employee Providing Tools
15.6.1 Where the employee
and the council agree that the employee shall supply their own tools, a tool
allowance shall be paid a weekly allowance at the rate set out in Annexure -
Table 1 of this Award. -
15.6.2 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.
15.6.3 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.
15.6.4 Compensation of
Tools
The council shall reimburse the employee to a maximum
per annum as set out Clause 15.6.1 for loss of tools by breaking and entering
whilst securely stored at the council's premises or on the job site or if the
tools are lost or stolen while being transported by the employee at the
council's direction, or if the tools are stolen during an employee's absence
after leaving the job because of injury or illness. Provided that an employee
transporting their own tools shall take all reasonable care to protect those
tools and prevent theft or loss.
15.6.5 Provided for the
purposes of this clause:
15.6.5.1Â Â Â Â Â Â Â Â Â Only
tools used by the employee in the course of their employment shall be covered
by this clause;
15.6.5.2Â Â Â Â Â Â Â Â Â The
employee shall, if requested to do so, furnish the council with a list of tools
so used;
15.6.5.3Â Â Â Â Â Â Â Â Â Reimbursement
shall be at the current replacement value of new tools of the same or
comparable quality;
15.6.5.4Â Â Â Â Â Â Â Â Â The
employee shall report any theft to the police prior to making a claim on the
council for replacement of stolen tools.
15.7Â Â Â Certificates and Licences
15.7.1 Where an employee in
Operational Band 1 or Administrative/Technical Trades Band 2 of this Award is
required by Council to hold a WorkCover NSW approved certificate or licence
Council shall reimburse the employee for the cost of such certificate or
licence.
15.7.2 Where an employee
in Operational Band 1 or Administrative/Technical Trades Band 2 of this Award
is required by Council to hold a drivers licence other than a Class C (car) or
Class R (rider) licence, Council shall reimburse the employee the difference
between the cost of the licence and the cost of a Class C (car) driver’s
licence.
15.8Â Â Â Vehicle Allowances
15.8.1 Where, by
agreement, and Council requires an employee to use their own vehicle in or in
connection with the performance of their duties for official business, such
employee will be paid an allowance as set out in Annexure - Table 1 based on
engine capacity for each kilometre of authorised travel.
15.8.2 Council may
require an employee to record full details of all such official travel
requirements in a log book.
15.8.3 Where the car is
used for official business on an intermittent, irregular or casual basis, the
employee shall be paid the allowance for the number of kilometres travelled on
official business as set out in Clause
15.8.4 Any agreement to pay
the allowance under this clause may only be terminated by 12 months’ notice by
either party or by the employee's termination of employment.
15.9Â Â Â Travelling Allowance
15.9.1Â Â Â Â Â Â Â Â Â Â Â Â This
subclause shall apply to employees who are required to start and / or finish at
a location away from the Council depot, workshop or other agreed starting
point.
15.9.2Â Â Â Â Â Â Â Â Â Â Â Â For
the purposes of this subclause "normal starting point" shall mean:
15.9.2.1Â Â Â Â Â Â Â Â Â A
Council workshop or depot;
15.9.2.2Â Â Â Â Â Â Â Â Â A
Council office or building to which the employee is usually assigned;
15.9.2.3Â Â Â Â Â Â Â Â Â Any
other agreed starting and / or finishing point.
15.9.3Â Â Â Â Â Â Â Â Â Â Â Â Where
more than one starting point is fixed each employee shall be attached to one
starting point only. An employee may be transferred to a different normal
starting point at any time by agreement or by the giving of reasonable notice
provided that the relocation is reasonable in the circumstances and does not
unreasonably disadvantage the employee. In the event of a dispute Clause 32,
Grievance and Dispute Procedures, shall apply.
15.9.4Â Â Â Â Â Â Â Â Â Â Â Â An
employee who is required to commence and / or finish work at a location away
from the employee's normal starting point at the normal starting and / or finishing
times or is required to start or finish overtime work at a location away from
the normal starting point shall be paid a travelling allowance for each journey
as per Clause 15.8.1.
15.9.5Â Â Â Â Â Â Â Â Â Â Â Â For
the purpose of this subclause a residence shall not be recognised as such
unless it is situated within the geographic council area. Where the employee
resides outside the council’s geographic area the travelling allowance is
payable from the respondent general purpose council’s boundary.
15.9.6Â Â Â Â Â Â Â Â Â Â Â Â For
the purpose of this subclause distance shall mean the nearest trafficable route
to work.
15.9.7Â Â Â Â Â Â Â Â Â Â Â Â Where
Council requires an employee to use their own vehicle to transport other
employee(s) or materials to the worksite to commence and/or finish work at a
location away from the employee's normal staring point at the normal starting
and/or finishing times or is required to start or finish overtime work at a
location away from the normal starting point, a car allowance for the use and
depreciation of the vehicle shall be paid as per Clause 15.8.1.
Such car allowance shall be paid in addition to
travelling allowances provided by this subclause. For the purposes of this
subclause, materials shall not include incidental items (including but not
limited to keys, mobile phones, lap-top computers and personal protective
clothing).
Where Council provides transport but the employee
elects to make their own travel arrangements, the vehicle allowances in this
subclause shall not apply.
15.9.8Â Â Â Â Â Â Â Â Â Â Â Â This
subclause shall not apply where an employee commences and/or finishes work at a
worksite which lies between the employee's place of residence and the
employee's normal starting point, provided that reasonable transport is
available and the employee travels no further than ordinarily travelled to the
normal starting point.
15.9.9Â Â Â Â Â Â Â Â Â Â Â Â This
subclause does not apply to employees who travel where management and employees
agree on a flat rate per week to be paid for travelling. In the event of a
dispute, the Grievance and Disputes Procedure in Clause 32 of this Award shall
be applied.
15.9.10Â Â Â Â Â Â Â Â Â Â This
subclause does not apply to travelling involved in after hours on-call work or
to employees recalled to work overtime.
15.9.11Â Â Â Â Â Â Â Â Â Â Unless
otherwise agreed, an employee shall not be entitled to travel related
allowances except those provided for in this subclause. Nothing in this
subclause shall be construed so as to require the reduction or alteration of
more advantageous benefits or conditions under any existing travel
arrangements.
15.10Â First
Aid Work
15.10.1Â Â Â Â Â Â Â Â Â Â Where an employee is required by
Council to hold a current first aid certificate, to be in charge of a first aid
kit, and administer first aid in the event of an incident, and the use of such
skills are not paid in accordance to the salary system established by Council,
the employee shall be paid an allowance as set out in Annexure - Table 1.
15.10.2          All outdoor employee’s due to the
nature of their work, which may be remote, are required by Council to hold a
current first aid certificate, to be in charge of a first aid kit (which they
will keep up to date at Councils cost) and to administer first aid in the event
of an incident. This will be an inherent requirement of their role. In return,
Council will pay all outdoor employees an allowance as set out in Annexure -
Table 1.
15.10.3Â Â Â Â Â Â Â Â Â Â In the instance where an indoor
employee is required to work outdoors, and holds a current first aid
certificate, and is required to administer first aid in the event of an
incident, they will be paid the allowance as set out in Annexure - Table 1 for
the required period.
15.11Â Meal
Allowance
15.11.1Â Â Â Â Â Â Â Â Â Â A meal
allowance set out in Table 1 of Part B shall be paid to employees instructed to
work overtime:
15.11.1.1Â Â Â Â Â Â Â For two hours
or more prior to their agreed commencing time, or
15.11.1.2Â Â Â Â Â Â Â For two
hours immediately after their agreed finishing time and after subsequent
periods of four hours, or
15.11.1.3Â Â Â Â Â Â Â After
each four hours on days other than ordinary working days
Provided that a meal allowance is not payable where, by
agreement, a meal is provided by the employer.
15.12Â Civil Liability - Engineering Professionals
15.12.1Â Â Â Â Â Â Â Â Â Â Except
where such responsibility and the exercise of such skills have been
specifically and demonstrably paid for in accordance with the salary system
established by the Council, an employee who is an engineering professional and:
15.12.1.1Â Â Â Â Â Â Â Is
directly involved in applying engineering principles to the asset management of
council assets, including the planning for, designing, maintaining, replacing,
rehabilitating or disposing of; and
15.12.1.2Â Â Â Â Â Â Â Such
assets may give rise to liability under the Civil
Liability Act 2002 (NSW) shall be paid an allowance in addition to the
weekly rate of 3.5%.
15.12.2Â Â Â Â Â Â Â Â Â Â The provision
in Clause 15.12.1 above shall not be construed so as to require the reduction
or alteration of more advantageous benefits or conditions under any
arrangements existing at the date this Award was made.
15.13Â Accreditation of council employees by the
Building Professionals Board
Where an employee is required by council to be
accredited by the Building Professionals
Board under the Building Professionals Act 2005 (NSW) the Council shall:
15.13.1Â Â Â Â Â Â Â Â Â Â Pay the
reasonable costs associated with obtaining and/or maintaining such
accreditation, including the cost of accreditation fees and compulsory
continued professional development training/course fees, and
15.13.2Â Â Â Â Â Â Â Â Â Â Grant
paid leave to attend course requirements in accordance with subclause (4) of Clause
29, Training and Development, of this Award.
15.14Â Market Premium Allowance
15.14.1Â Â Â Â Â Â Â Â Â Â Council
may at any time identify a position or a series of positions to which it wishes
to pay a market premium. This will normally occur when a shortage in the market
of a specific discipline or skillset occurs. The identification of these
positions shall entirely be a decision for Council.
15.14.2Â Â Â Â Â Â Â Â Â Â Council
may offer a premium for a fixed term over and above that identified in the
salary system. This will generally be set as a percentage premium, for a set
period of one to two years. The premium shall be applicable to all positions
identified, both current and proposed employees until the end of that period.
15.14.3Â Â Â Â Â Â Â Â Â Â At the
end of the identified period the premium will be withdrawn and any employees
shall revert back to the rates of pay identified in the salary system.
15.15Â Attraction / Retention Allowance
15.15.1Â Â Â Â Â Â Â Â Â Â Council
may at any time identify an employee that they wish to retain or a role that
they wish to offer more for and offer an additional allowance above the rate
established in this salary system.
15.15.2Â Â Â Â Â Â Â Â Â Â This
allowance may be a one off amount or be fixed for a period of time. It is
associated with an individual and will not be generally offered. Allowances
made for a fixed period of time shall cease at the end of the identified
period.
15.15.3Â Â Â Â Â Â Â Â Â Â The
Attraction/Retention Allowance will remain a confidential arrangement between
Council and a specific employee.
16.Â
Motor Vehicle Leaseback
16.1Â Â Â General
The parties to this Award recognise that leaseback
vehicles may be provided to employees as a condition of employment (e.g. as an
incentive for accepting employment) or as a discretionary benefit that is not a
condition of employment.
A leaseback vehicle will be considered to be a
condition of employment for an employee unless it was clearly identified that
it was not being provided on such a basis at the time that it was provided.
Factors to consider when determining whether a
leaseback vehicle is a condition of an employee’s employment include:
16.1.1 Whether the
vehicle was offered as an incentive to attract and/or retain the employee; and
16.1.2 The period that
the employee has had access to a leaseback vehicle.
16.2Â Â Â Termination
of leaseback vehicle arrangement
16.2.1 Condition of
employment - Unless otherwise provided in this clause, where Council and an
employee enter into a leaseback vehicle arrangement and the employee is
entitled to a leaseback vehicle as a condition of employment, the arrangement
may only be terminated by agreement.
16.2.2 Not a condition of
employment - Unless otherwise provided, where Council and an employee enter
into a leaseback vehicle arrangement and the employee is not entitled to a
leaseback vehicle as a condition of employment, Council shall give a minimum of
twelve (12) months written notice of termination of the arrangement.
16.2.3 Other - Council
may terminate or suspend access to a leaseback vehicle arrangement immediately
on termination of employment, loss of licence, serious breach of the leaseback
vehicle agreement or if the employee accepts a new position with Council that
does not include access to a leaseback vehicle.
16.3Â Â Â Variation
of leaseback vehicle arrangements
16.3.1Â Â Â Â Â Â Â Â Â Â Â Â Variations
to leaseback arrangements - Proposals to vary leaseback vehicle arrangements,
including the formula for calculating the leaseback vehicle fee shall be
referred to Council’s Consultative Committee.
16.3.2Â Â Â Â Â Â Â Â Â Â Â Â Variations
to leaseback fees - Council shall not increase the leaseback vehicle fee an
employee is required to pay in any one year by more than ten (10) percent or
the percentage movement in the index figure published by the Australian Bureau
of Statistics for Eight Capitals, private motoring sub-group (Cat No 6401.0),
whichever is the greater. This subclause
shall not apply where the leaseback vehicle fee is adjusted to reflect changes
in the type of vehicle being used (including changes in vehicle options, the
class, model or make of vehicle).
16.3.3Â Â Â Â Â Â Â Â Â Â Â Â Variations
in hours of work and/or extended periods of absence - Where an employee’s hours
of work change significantly or the employee is absent on approved leave for an
extended period, Council and the employee shall discuss whether the employee
will be allowed to retain possession of the vehicle and/or whether the
leaseback vehicle fee is to be adjusted.Â
In the event that the leaseback vehicle fee is to be adjusted, subclause
(16.3.2) above shall not apply. In the
absence of agreement, Clause 32, Grievance and Disputes Procedures, shall
apply.
17. Residence
Where an employee is supplied by Council with a residence,
it shall be of a reasonable standard. The rental value of such residence shall
be agreed upon between Council and the employee. The rental value as agreed may
be deducted from the pay of the employee.
18. Hours
of Work
18.1 Â Â Â General
18.1.1 Spread of Hours
Council and its employees agree that the following
fundamental objectives shall be considered in determining how an employee's working
hours are to be structured under this Award:
18.1.1.1Â Â Â Â Â Â Â Â Â the
most efficient means of delivery of services;
18.1.1.2Â Â Â Â Â Â Â Â Â the
most effective way of servicing the customer; and
18.1.1.3Â Â Â Â Â Â Â Â Â the
most effective way of meeting employees' needs for satisfying work, personal
development, health and workplace safety.
18.1.2 Starting and
Finishing Times
The starting and finishing times within the spread of
hours provided by this clause shall be as determined by Council in consultation
with the employees concerned. Â
18.1.3 Ordinary Hours of
Work
18.1.3.1Â Â Â Â Â Â Â Â Â The
ordinary hours for all employees shall be worked between 6:00a.m and 6:00p.m.,
Monday to Friday.
18.1.3.2Â Â Â Â Â Â Â Â Â Except
as otherwise provided in a Workplace Agreement, the ordinary hours for all
employees shall be 76 hours per fortnight worked on nine weekdays in any two
week cycle.
18.1.3.3Â Â Â Â Â Â Â Â Â The
ordinary hours of work for employees, except as otherwise provided in a
Workplace Agreement, engaged in the following functions shall be 70 hours per
fortnight worked on nine weekdays in any two week cycle:
Administration;
Engineering (Professional and Trainees);
Executive Band;
Finance;
18.1.3.4Â Â Â Â Â Â Â Â Â Management
will, with employee input, arrange rosters ensuring Council and employees derive
maximum benefit from rostered days off; and avoid conflicts between rostered
days and public holidays. In order to meet anticipated customer service
commitments and minimum staffing levels, rostered days may not be for all
employees on Mondays or Fridays; there may be mutually acceptable arrangements
with individual employees for an alternative day off during a particular
period.
18.1.3.5Â Â Â Â Â Â Â Â Â Employees,
with the approval of Council, may defer up to four rostered days off per annum.
Such deferred days shall be added to accrued time.
18.1.3.6Â Â Â Â Â Â Â Â Â At
Council’s request and with the employee’s agreement, an employee working a
rostered day off, they may elect to be paid for such day at the same rates as
provided in this Award for working on an ordinary Saturday; without further
entitlement.
18.1.3.7Â Â Â Â Â Â Â Â Â Employees
called out to perform duties either as an on call officer or as a call-out
giving rise to a ten hour break on the following day as required by clause 19
of this Award, and the following day is an RDO, the employee/s shall have the
right to defer their RDO to another mutually agreed time.
18.2Â Â Â Water
treatment plant work
18.2.1 Pre-arranged and emergent work (All Plants)
The following
provisions shall apply to employees whether usually engaged on a "shift work"
or "normal hours" basis who undertake pre-arranged overtime duties.
An employee undertaking pre-arranged duties at a Plant on Saturdays, Sundays
and/or Award Holidays, together with incidental emergent duties outside working
hours throughout the week, will be paid the amount in the Annexure to this
Award, with payment being inclusive for the first four hours of overtime work
performed during each week. These four hours shall be calculated on an
hour-for-hour basis for all time worked in accordance with this subclause.
18.2.2 Normal overtime penalty rates will accrue after
four hours of work performed in any such week.
18.2.3 For each Award Holiday on which an employee is
required to undertake pre-arranged overtime, the employee shall be granted
accrue one day additional annual leave.
18.2.4 The requirement of this Clause to undertake
incidental emergent duties is not a requirement to be available for "on
call" duties pursuant to Clause 19.2 of this Award; and the provisions of
19.2.6 are specifically excluded under this Clause.
18.2.5 If Council requires an employee to work
concurrently under both the provisions of this Clause and the "on
call" Clause (19.2), all time worked on, and conditions stipulated for,
each set of duties shall stand separately and be paid separately and
cumulatively.
18.3Â Â Â Shift
work (Water Treatment Plant Operators)
18.3.1Â Â Â Â Â Â Â Â Â Â Â Â Shift workers are required to work
a five plus four day, two shift system, spread over nine weekdays and, except
as provided hereunder, generally in accordance with the provisions of Clause
18.1 (General).
18.3.2Â Â Â Â Â Â Â Â Â Â Â Â The ordinary working hours of such
employees shall not exceed 76 hours in any 14 consecutive days.
18.3.3Â Â Â Â Â Â Â Â Â Â Â Â A shift allowance of 20% of the ordinary
daily rate of pay shall be paid to shift workers provided for in this subclause
for work on any shift which starts or finishes outside the times of 7:00 am and
5:00 pm.
18.3.4Â Â Â Â Â Â Â Â Â Â Â Â The method of working shifts may in
any case be varied by agreement between Council and the affected employee(s) to
meet the circumstances of the establishment. The times of commencing and
finishing shifts may be varied by agreement between Council and such employees
to meet the circumstances of the establishment or, in the absence of agreement,
by seven days’ notice of alteration given by Council to the affected
employee(s).
18.3.5Â Â Â Â Â Â Â Â Â Â Â Â In agreement with their Supervisor,
occasional exchanging of daily shifts between employees covered by this clause
(to meet family commitments, for example) is allowed, provided there is no
disruption to normal Plant operations.
18.3.6Â Â Â Â Â Â Â Â Â Â Â Â The shift roster is to commence on
a weekday for a seven day period, of which the ordinary weekdays will be worked
on a shift work basis and weekend days (and any public holidays) shall be
worked and paid for in accordance with subclause 18.2.1.2. Employees will
continue to rotate duties between "operation" and
"maintenance" each alternate week.
18.3.7Â Â Â Â Â Â Â Â Â Â Â Â Meal times
18.3.7.1Â Â Â Â Â Â Â Â Â Shift workers shall be allowed, in
each ordinary working shift, a meal crib of twenty minutes, which shall be
treated as part of the shift and paid accordingly.
18.3.8Â Â Â Â Â Â Â Â Â Â Â Â Overtime meal breaks
18.3.8.1Â Â Â Â Â Â Â Â Â Meal breaks during periods of overtime
and the payment of meal allowances shall apply to shift workers required to
work overtime outside the hours of their ordinary rostered shift, except where,
by an approved arrangement made between employees or at their request, excess
time is incurred in changed shifts or in their ordinary rostered shifts.
18.4Â Â Â Shift
work
18.4.1 Except as otherwise provided ordinary hours
worked outside the span of 6:00am to 6:00pm Monday to Friday shall attract a
20% shift penalty in addition to the ordinary hourly rate of pay for the actual
time worked outside the span of hours specified in this subclause.
18.4.2 Shift penalties shall be payable for ordinary
work performed between Monday and Friday and shall not be paid on weekends.
19.Â
Overtime
19.1Â Â Â General
19.1.1Â Â Â Â Â Â Â Â Â Â Â Â It is a
condition of employment that employees shall be available to work reasonable
overtime to meet the needs of Council.
19.1.2Â Â Â Â Â Â Â Â Â Â Â Â Except
to the extent that, either under or prior to the making of this Award, a
supplementary or annualised payment has been incorporated into the ordinary pay
of individual employees, overtime shall be worked and paid for in accordance
with this Award.
19.1.3Â Â Â Â Â Â Â Â Â Â Â Â 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.
19.1.4Â Â Â Â Â Â Â Â Â Â Â Â 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 at double time.
19.1.5Â Â Â Â Â Â Â Â Â Â Â Â Overtime
worked on Sunday shall be paid for at the rate of double time.
19.1.6Â Â Â Â Â Â Â Â Â Â Â Â Overtime
shall be claimed within 30 days of it being worked. Council shall keep a record
of such overtime. Overtime accruals shall not be forfeited and shall be paid at
the appropriate overtime rate on termination or at other agreed time.
19.1.7Â Â Â Â Â Â Â Â Â Â Â Â An
employee (other than a casual) who works four or more hour’s overtime:
19.1.7.1Â Â Â Â Â Â Â Â Â Between
the completion of ordinary work on one shift and the commencement of ordinary
work on the next shift so that they have not had at least ten (10) consecutive
hours off duty between those times, or
19.1.7.2Â Â Â Â Â Â Â Â Â On days
other than ordinary working days so that they have not had ten (10) consecutive
hours off duty in the fourteen (14) hours preceding the employee’s ordinary
commencement time on the next ordinary working day, shall be released after
completion of such overtime until they have had ten consecutive hours off duty
without loss of pay for ordinary working time occurring during such absence.
If an employee is instructed to resume work without
having had ten consecutive hours off duty, the employee shall be paid at double
ordinary rates until released from duty and then shall be entitled to a ten
hour break without loss of pay.
This subclause only applies to employees who are on
call or called back to work:
19.1.7.3Â Â Â Â Â Â Â Â Â For
four hours or more, or
19.1.7.4Â Â Â Â Â Â Â Â Â On
consecutive days without having had a ten hour break, or
19.1.7.5Â Â Â Â Â Â Â Â Â On more
than one occasion during the day outside of the four hour period.
19.1.8Â Â Â Â Â Â Â Â Â Â Â Â Where
there is prior agreement between 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 time in lieu equivalent to the actual hours worked.
This subclause shall not apply to employees who are on call or called back to
work.
19.1.9Â Â Â Â Â Â Â Â Â Â Â Â Employees
classified in the Executive Band 4 of this Award may be required, in addition
to their ordinary hours, to attend meetings of Council and standing and/or
special committee meetings. For the purpose of this subclause, an employee who
is required to attend meetings of Council and standing and/or special committee
meetings shall be entitled to claim overtime for actual hours worked after
11.00 pm.
19.1.10Â Â Â Â Â Â Â Â Â Â Subject
to subclause 19.1.11, Council may require an employee to work reasonable
overtime at overtime rates.
19.1.11Â Â Â Â Â Â Â Â Â Â An
employee may refuse to work overtime in circumstances where the working of such
overtime would result in the employee working hours which are unreasonable.
19.1.12Â Â Â Â Â Â Â Â Â Â For the
purposes of subclause 19.1.11, what is unreasonable or otherwise will be
determined having regard to:
19.1.12.1Â Â Â Â Â Â Â Any risk
to the employee;
19.1.12.2Â Â Â Â Â Â Â The
employee’s personal circumstances including any family and carer
responsibilities;
19.1.12.3Â Â Â Â Â Â Â The
needs of the workplace;
19.1.12.4Â Â Â Â Â Â Â The
notice, if any, given by the employer of the overtime and by the employee of their
intention to refuse it; and
19.1.12.5Â Â Â Â Â Â Â Any
other matter.
19.1.13Â Â Â Â Â Â Â Â Â Â If at the time of an employee taking
personal leave, any accrued time in lieu of overtime shall be taken as leave as
a preference to annual or long service leave.Â
Goldenfields Water may direct an employee to
take accrued time in lieu of overtime by the giving of at least two (2) weeks’
notice in the following circumstances:
i.                    Where the employee has
accumulated in excess of one (1) weeks’ time in lieu of overtime or,
ii.                  A period of annual close down of up to and
including two (2) weeks where the employee does not have sufficient annual
leave to cover the relevant close down period. Goldenfields
Water shall be able to rely on this provision prior to considering the
provision of meaningful alternate duties.
Time in lieu of overtime accruals standing to
an employee’s credit on termination of employment shall be paid in accordance
with the Award.
19.2Â Â Â On call
19.2.1 An employee is
"On Call" if Council requires the employee to be available, outside
the employee’s usual ordinary hours, for emergency and/or breakdown work and
associated responsibilities as detailed in Council’s Policies (and which formed
an annexure to the former Goldenfields Water County
Council Enterprise Award). The On Call period will commence on a weekday for a
seven day period. It is intended that no employee will be required to
participate in an On Call roster for any more than two weeks in any ten week
period. To allow Council flexibility when faced with unforseen
staff shortages, employees may be required to undertake additional on call
periods however such additional periods are not to exceed five weeks in any ten
week period.
On-Call work shall not include overtime which has been
pre-arranged prior to the employee’s normal ceasing time.
19.2.2 An employee
required to be On Call will be paid the amount set out in the Annexure to this
Award each rostered week, with such payment being inclusive of payment for the
first two hours of call out work performed during each rostered period. These
two hours shall be calculated on an hour-for-hour basis inclusive of Saturday,
Sunday and Award Holidays.
19.2.3 Normal overtime
penalty rates will accrue after two hours of work performed during the On Call
period.
19.2.4 For each Award
Holiday on which an employee is On Call, the employee shall be granted one day
additional annual leave.
19.2.5 When an On Call
officer has performed duties, a minimum rest period of ten hours will be provided
following the completion of the last activity and prior to the resumption of
normal work.
19.2.6 An On Call
employee must be able to be contacted and ‘commence duty’ in response to a
call-out within 15 minutes. ‘Commence duty’ shall mean that the employee is in
the work vehicle on their way to the relevant job site.
19.3Â Â Â Call Back
19.3.1 An employee shall
be deemed to be on a call back if the employee is recalled to work overtime
without receiving notice before ceasing work.
19.3.2 Any employee who
is called back to work as defined in subclause 19.3.1 shall be paid for a
minimum of four hours work at the appropriate overtime rate for each time so
recalled. Subsequent call backs occurring within a four hour period of a call
back shall not attract any additional payment. An employee working on a call
back shall be paid the appropriate overtime rate from the time that such
employee departs for work.
Ordinarily the employee shall not be required to work
the full four hours if the job that the employee was recalled to perform is
completed within a shorter period. This subclause shall not apply in cases
where the call back is continuous subject to a reasonable meal break with the
commencement of ordinary hours.
19.4Â Â Â Duty Officer
19.4.1 An employee is
"Duty Officer" if Council requires the employee to be available,
outside the employee’s usual ordinary hours, as the principal contact for water
supply matters and associated responsibilities as detailed in Council’s
Policies (and which formed an annexure to the former Goldenfields
Water County Council Enterprise Award). The duty period will commence on a
weekday for a seven day period. It is intended that no employee will
participate in a duty roster for any more than two weeks in any ten week
period. In unusual circumstances employees may be required to undertake
additional Duty Officer periods which are not to exceed five weeks in any ten
week period.
19.4.2 Duty Officer work shall
not include overtime which has been pre-arranged prior to the employee’s normal
ceasing time.
19.4.3 A Duty Officer
must be able to be contacted at all times while on roster.
19.4.4 An employee
required to perform the role of Duty Officer will be paid the amount set out in
the Annexure to this Award each rostered week which is in lieu of:
19.4.4.1Â Â Â Â Â Â Â Â Â Any
claim for payment for being available, during the rostered period, outside of
the employee’s usual ordinary hours of work, and
19.4.4.2Â Â Â Â Â Â Â Â Â Any
claim for payment for work performed, outside the employee’s usual ordinary
hours of work, in their capacity of Duty Officer.
19.4.5 For each Award
Holiday on which an employee is Duty Officer, the employee shall be granted one
day additional annual leave.
19.4.6 Employees
performing Duty Officer work shall be entitled to all other allowances
prescribed by this Award, where applicable.
19.4.7 When a Duty
Officer has performed substantial evening or overnight duties totalling more
than two hours between 11.00pm and 4.00am a minimum rest period of ten hours
will be provided following the completion of said duties and prior to the
resumption of normal work.
19.5Â Â Â Duty
Officer - "Second Call"
19.5.1 In order to assist in the provision of after hours responses at peak times, Council may require
any employee to be available to assist the Rostered Duty Officer in the event
of demand exceeding the Rostered Duty Officer’s capacity to deal with same. An
employee required to undertake such duties will be paid the amount set out in
the Annexure to this Award each rostered week, with such payment being subject
to all of the relevant provisions of subclause 19.4 above; with the exception
of paragraph 19.4.5.
19.5.2 The rostering of employees to undertake
"second call" duties will be arranged by Council at the same time and
in the same manner as applies to all other arrangements for rostering of
"on call", "duty officer" and "rostered days
off".
20. Holidays
20.1Â Â Â These
Public Holidays Shall be Observed: New Years' Day; Australia Day; Good Friday;
Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday; Labour Day;
Christmas Day; Boxing Day and all locally proclaimed holidays within the
Council's area, and all special days proclaimed as holidays to be observed
throughout the whole of the state of NSW. It is, however, agreed that locally
proclaimed holidays shall only apply to Employees whose permanent place of work
is within the general purpose Council area of such local proclamation.
20.2Â Â Â In addition to
the days provided for in clause 20.1 employees who are Aboriginal and Torres
Strait Islanders shall be entitled to one day during NAIDOC week so that they
can participate in National Aboriginal and Islander Day celebrations. Eligible employees shall provide Council with
at least seven (7) days’ notice of their intention to take the holiday in
accordance with this subclause.
20.3Â Â Â 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.
20.4Â Â Â Except as
otherwise provided, where an employee is required to work on a holiday as
prescribed by this award, the employee shall be paid at double time and a half
inclusive of payment for the day with a minimum payment of four hours worked.
20.5Â Â Â All employees
classified in the Operational Band 1 of this Award employed in garbage,
sanitary and sullage (other than the supervisor) who are required to work on
Good Friday or Christmas Day shall be paid at triple time inclusive of payment
for the day with a minimum payment of four hours’ work.
20.6Â Â Â 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 a holiday and in addition, be granted equivalent
time off in lieu to be paid at ordinary time for each holiday worked. Such
leave shall be taken at a mutually convenient time.
20.7Â Â Â When a holiday
occurs on a day on which an employee is rostered off while employed on a seven
day a week rotating roster system, the employee shall be paid a day's pay at
ordinary rates in addition to the ordinary week's pay. Council may in lieu of
making such additional payment, grant a day's leave for each such holiday which
may be taken at such time as is mutually agreed to between Council and the
employee.
21. Union Picnic Day
21.1Â Â Â Union Picnic Day
shall for the purposes of this Award be regarded as a holiday for permanent
employees who are financial members of the union(s). The Union Picnic Day shall
be on such day as is agreed between Council and the union(s). Permanent
employees who are not rostered on the day deemed as a Union Picnic day will
have an alternate day allocated as agreed by the employee.
21.2Â Â Â The union(s)
shall advise Council of financial members as at the time of the Union Picnic
Day. Such advice must be given at least two weeks prior to the Union Picnic
Day. Employees who are not financial members of the union(s) and who are
required to work on Union Picnic Day, shall be paid ordinary pay for their
normal working day.
21.3Â Â Â Employees who are
not financial members of the union(s) and who are not required to work on Union
Picnic Day, may apply to Council to take annual leave, time off in lieu of
overtime, leave without pay, such other leave as may be approved by council, or
may be required by council to make up time.
21.4Â Â Â Where Council
approves or grants non-financial members of the union(s) an additional day in
excess of current entitlements of those employees, financial members of the
union(s) will be granted an additional day off.
21.5Â Â Â Employees who are not financial members of
the union(s) and who are required to work on Union Picnic Day, shall be paid
ordinary pay for their normal working day.
22. Leave Provisions
In addition to the provisions of the Award, the following
supplementary Leave Provisions shall apply to employees of Council.
22.1Â Â Â Sick leave
22.1.1 Employees who are unable
due to sickness to attend for duty shall be entitled during each year of
service to sick leave of 3 weeks at the ordinary rate of pay subject to the
following conditions:
22.1.1.1Â Â Â Â Â Â Â Â Â Council
shall be satisfied that the sickness is such that it justifies the time off;
and
22.1.1.2Â Â Â Â Â Â Â Â Â Council
shall be satisfied that the illness or injury does not arise from engaging in
other employment; and
22.1.1.3Â Â Â Â Â Â Â Â Â proof
of illness to justify payment shall be required after 4 separate periods of
absence in each service year or where an absence exceeds 3 concurrent working
days; and
22.1.1.4Â Â Â Â Â Â Â Â Â When
requested, proof of illness shall indicate the employee’s inability to
undertake their normal duties; and
22.1.1.5Â Â Â Â Â Â Â Â Â Where a
person is employed on a fixed-term or temporary basis of less than twelve (12)
months duration the employee shall be entitled to one (1) weeks sick leave on
commencement. The employee shall be
entitled to a further one (1) weeks sick leave after each four (4) months of
continuous service.
22.1.1.6Â Â Â Â Â Â Â Â Â Proof
of illness may include certification from a qualified medical/health
practitioner, registered with the appropriate government authority or statutory
declaration.
22.1.1.7Â Â Â Â Â Â Â Â Â The
council may require employees to attend a doctor nominated by council at
council’s cost.
22.1.1.8Â Â Â Â Â Â Â Â Â Sick
leave shall accumulate from year to year so that any balance of leave not taken
in any one year may be taken in a subsequent year or years.
22.1.1.9Â Â Â Â Â Â Â Â Â Accumulated
sick leave shall be transferable on change of employment from council to
council within New South Wales up to 13 weeks, provided that an employee shall
only be entitled to transfer sick leave accumulated since the employee’s last
anniversary date on a pro-rata basis. Such accumulated sick leave shall only be
transferable if the period of cessation of service with Council and appointment
to the service of another council does not exceed three months. The sick leave
entitlement transferred shall not exceed the maximum amount transferable as
prescribed by the appropriate award at the time of transfer.
22.1.1.10Â Â Â Â Â Â Â Where an
employee has had 10 years’ service with the Council and the sick leave
entitlement as prescribed has been exhausted, Council may grant such additional
sick leave as, in its opinion, the circumstances may warrant.
22.1.1.11Â Â Â Â Â Â Â Section
50 of the Workers Compensation Act
1987 dealing with the relationship between sick leave and workers compensation
applies.
22.1.2 An employee shall,
wherever possible, notify their supervisor, within one hour of the employee’s
usual starting time, of the employee’s inability to attend on account of
illness or injury and advise the employer of the estimated duration of their
absence.
22.1.3 Illness During
Annual and Long Service Leave
If an employee becomes sick or is injured for a period
of at least seven consecutive days whilst on annual or long service leave and
produces at the time satisfactory medical evidence that the employee is unable
to derive benefit from such leave, then the employee’s leave balances will be
adjusted by:
22.1.3.1Â Â Â Â Â Â Â Â Â Re-crediting
the number of annual or long service leave days shown in the medical evidence,
and
22.1.3.2Â Â Â Â Â Â Â Â Â Debiting
the employee’s sick leave balance by the corresponding number of days.
22.2Â Â Â Carers Leave
22.2.1Â Â Â Â Â Â Â Â Â Â Â Â Use of
Sick Leave: An employee, other than a casual employee, with responsibilities in
relation to a class of person set out in subclause 22.2.7.2 below 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 20.1, Sick Leave of this 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.
22.2.2            Carer’s
leave is not intended to be used for long term, ongoing care. In such cases,
the employee is obligated to investigate appropriate care arrangements where
these are reasonably available.
22.2.3 Â Â Â Â Â Â Â Â Â Â Â Where
more than ten days’ sick leave in any year of service is to be used for caring
purposes the council and employee shall discuss appropriate arrangements which,
as far as practicable, take account of the council’s and employee’s
requirements.
22.2.4Â Â Â Â Â Â Â Â Â Â Â Â Where
the parties are unable to reach agreement the grievance and disputes procedures
at Clause 32 of this Award should be followed.
22.2.5Â Â Â Â Â Â Â Â Â Â Â Â In
normal circumstances, an employee must not take carer's leave under this clause
where another person has taken leave to care for the same person.
22.2.6 Â Â Â Â Â Â Â Â Â Â Â Council
may require the employee to provide proof of the need for carer’s leave as
follows:
22.2.6.1Â Â Â Â Â Â Â Â Â Less
than 10 days - Where less than ten days’ sick leave in any year of service is
sought to be used for caring purposes Council may require the employee to
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
22.2.6.2Â Â Â Â Â Â Â Â Â More
than 10 days - Where more than ten days’ sick leave in any year of service is
sought to be used for caring purposes Council may require the employee to
produce a medical certificate from a qualified medical/health practitioner
showing the nature of illness of the person concerned and such other
information as may be reasonably necessary to demonstrate that the illness is
such as to require care by the employee and that no other appropriate care
arrangements are reasonably available, or
22.2.6.3Â Â Â Â Â Â Â Â Â Establish
by production of documentation acceptable to the council or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
22.2.7Â Â Â Â Â Â Â Â Â Â Â Â The
entitlement to use sick leave in accordance with this subclause is subject to:
22.2.7.1Â Â Â Â Â Â Â Â Â The
employee being responsible for the care of the person concerned; and
22.2.7.2Â Â Â Â Â Â Â Â Â The
person concerned being:
22.2.7.2.1Â Â Â Â Â Â A spouse
of the employee; or
22.2.7.2.2Â Â Â Â Â Â A de
facto spouse and/or same sex partner, 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
22.2.7.2.3Â Â Â Â Â Â A child
or an adult child (including an adopted child, a step child, foster child or an
ex nuptial child), parent (including a foster parent, step parent and legal
guardian), parents of spouse, grandparent, grandchild or sibling (including
half, foster and step sibling) of the employee or spouse or de facto spouse of
the employee; or
22.2.7.2.4Â Â Â Â Â Â A
relative of the employee who is a member of the same household, where for the
purposes of this Clause:
22.2.7.2.4.1Â Â Â 'Relative'
means a person related by blood, marriage or affinity;
22.2.7.2.4.2Â Â Â 'Affinity'
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
22.2.7.2.4.3Â Â Â 'Household'
means a family group living in the same domestic dwelling.
22.2.7.3Â Â Â Â Â Â Â Â Â An
employee may with Council approval, take unpaid leave to provide care and
support to a class of person set out in subclause 22.2.7.2 above who is ill or
who requires care due to an unexpected emergency.
22.2.7.4Â Â Â Â Â Â Â Â Â An
employee shall, wherever practicable, give Council 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.
22.2.8            Carer’s
Entitlement for Casual Employees
22.2.8.1Â Â Â Â Â Â Â Â Â Subject
to the evidentiary and notice requirements in subclauses 22.2.6 and 22.2.9
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 22.2.7.2 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.
22.2.8.2Â Â Â Â Â Â Â Â Â Council
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.
22.2.8.3Â Â Â Â Â Â Â Â Â Council
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.
22.2.9Â Â Â Â Â Â Â Â Â Â Â Â Time
off in Lieu of Payment for Overtime
An employee may, with the consent of Council, elect to take
time in lieu of payment of overtime accumulated in accordance with the
provisions of Clause 19 of this Award for the purpose of providing care and
support for a person in accordance with subparagraph 22.2.7.2 above.
22.2.10Â Â Â Â Â Â Â Â Â Â Make-up
time
An employee may elect, with the consent of Council, to
work 'make-up time', under which the employee takes time off during ordinary
hours, and works those hours at a later time, within the spread of ordinary
hours provided in the Award, at the ordinary rate of pay for the purpose of
providing care and support for a person in accordance with paragraph 22.2.7
above.
22.2.11Â Â Â Â Â Â Â Â Â Â Annual
Leave and Leave Without Pay
An employee may elect with the consent of Council to
take annual leave or leave without pay for the purpose of providing care and
support for a person in accordance with subclause 22.2.7 above. Such leave
shall be taken in accordance with subclause 22.3, Annual Leave and subclause
22.13, Leave Without Pay of this Award.
22.3Â Â Â Annual Leave
22.3.1 Annual leave of
absence consisting of 4 weeks at the ordinary rate of pay, exclusive of public
holidays observed on working days shall be granted to an employee each year.
Annual leave shall accumulate on a pro-rata basis. Except as provided for in
paragraph 22.3.2 of this clause, annual leave shall be taken on its due date or
as soon as is mutually convenient for the Council and the employee.
22.3.2 Council may direct
an employee to take annual leave by giving at least four weeks prior
notification in the following circumstances:
22.3.2.1Â Â Â Â Â Â Â Â Â Where
the employee has accumulated in excess of eight weeks annual leave
22.3.2.2Â Â Â Â Â Â Â Â Â A
period of annual close-down of up to and including 4 weeks. Provided that:
22.3.2.2.1Â Â Â Â Â Â Where an
employee has accrued more annual leave than the period of the annual close
down, the balance of such leave shall be taken in accordance with paragraph
22.3.1 of this subclause.
22.3.2.2.2Â Â Â Â Â Â In the
case of employees who are not entitled to annual leave or do not have an
entitlement sufficient to cover the period of the close-down, council shall
endeavour to provide meaningful duties as are within the limits of the
employee's skill, competence and training for the whole or part of the
close-down.
22.3.2.2.3Â Â Â Â Â Â In the event
that meaningful duties are not available the employee may be directed to take
leave without pay, or by agreement with council may take annual leave in
advance of the entitlement provided that in the event of the employee leaving
employment before the entitlement becomes due, such annual leave shall be
repaid by a deduction from the employee's termination pay.
22.3.2.2.4Â Â Â Â Â Â In the
event that leave without pay is directed to be taken, such leave shall be
regarded as service for the purpose of the accrual of long service leave, sick
leave and annual leave
22.3.3 Payment to an
employee proceeding on annual leave shall be made Council at the employee’s
ordinary rate of pay for the period of annual leave either before the
commencement of the employee’s annual leave, or by agreement through the usual
pay periods.
22.3.4 On resignation or
termination of employment, Council shall pay to the employee:
22.3.4.1Â Â Â Â Â Â Â Â Â Their
ordinary rate of pay for all untaken leave credited for completed years of
service, and
22.3.4.2Â Â Â Â Â Â Â Â Â For an
incomplete year, one twelfth of their ordinary rate of pay multiplied by the
number of completed weeks of service in that year.
Provided that the employee shall not receive payment
for more than four weeks annual leave for any period of twelve months.
22.3.5 Where an employee
receives a varying rate of pay for 6 months or more in the aggregate in the
preceding 12 month period, the employee's ordinary rate of pay shall be deemed
to be the average weekly rate of pay earned during the period actually worked
over the 12 months immediately preceding the annual leave or the right to
payment under this clause.
22.4Â Â Â Long service leave
22.4.1 Rate of Accrual
Except as otherwise provided in this Clause, employees
shall accrue and Council shall credit each employee long service leave on
ordinary pay after each period of continuous service with Council on the
following basis:
22.4.1.1Â Â Â Â Â Â Â Â Â On
completion of five years service, 6.5 weeks
22.4.1.2Â Â Â Â Â Â Â Â Â On
completion of ten years service, a further 6.5 weeks
22.4.1.3Â Â Â Â Â Â Â Â Â After
completion of each of the eleventh to fifteenth years, 1.7 weeks per year
22.4.1.4Â Â Â Â Â Â Â Â Â After
completion of each subsequent year, 2.7 weeks per year
22.4.2 Termination of
Service
Where an employee has completed more than five years service and 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 long service leave, less such leave
already taken, computed in monthly periods and equivalent to 1.3 weeks for each
year of service up to ten years; and thereafter at the annual rates stipulated
in Clause 22.4.1 above; shall be paid to such employee on termination.
22.4.3 Continuous Service
Continuous Service shall be the period from the date of
commencement to the date of termination of employment and shall include:
22.4.3.1Â Â Â Â Â Â Â Â Â All
approved paid leave
22.4.3.2Â Â Â Â Â Â Â Â Â Subject
also to subclauses 22.4.2, previous employment with Great Southern Energy,
Northern Riverina County Council or Department of Public Works and Services
which was terminated by compulsory transfer to Council on or after July 01,
1997.
22.4.3.3Â Â Â Â Â Â Â Â Â Employment
as a part-time employee
22.4.3.4Â Â Â Â Â Â Â Â Â For the
purpose of calculating long service leave entitlement in accordance with
subclause 22.4.1 all prior continuous service with any other Government
Department or Local Government Body employer within New South Wales shall be
deemed to be service with the employer by which the employee is currently
employed.
22.4.3.5Â Â Â Â Â Â Â Â Â Continuity
of service shall be deemed not to have been broken by transfer or change of
employment from one employer to another provided the period between cessation
of service with one employer and appointment to the service of another employer
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 the
transfer, provided further that the employee concerned does not engage in work
of any kind during the period of paid leave between the cessation of service
with one employer and appointment to the service of another employer.
22.4.3.6Â Â Â Â Â Â Â Â Â For the
purpose of this clause, service shall include the following periods:
22.4.3.6.1Â Â Â Â Â Â Any
period of service with any of Her Majesty's Forces provided that the employee
enlisted or was called up direct from the service of the employer.
22.4.3.6.2Â Â Â Â Â Â In the
case of an employee, transferred to the service of an employer of a new or
altered area - any period of service with the employer from which such employee
was transferred.
22.4.3.6.3Â Â Â Â Â Â Service
shall mean all service with the employer irrespective of the classification
under which the employee was employed.
22.4.3.7Â Â Â Â Â Â Â Â Â There
shall be deducted in the calculation of the employee's service all leave of absence
without payment not specifically acknowledged and accepted by the employer as
service at the time leave was taken.
22.4.3.8Â Â Â Â Â Â Â Â Â When an
employee transfers from one employer to another, the former employer shall pay
to the newly employing employer the monetary equivalent of all long service
leave accruing to the employee at the time of transfer. However, an employee
who at the time of transfer has completed at least five years continuous
service may elect to be paid the monetary equivalent of the entitlement.
Employees who at the time of transfer elect to be paid the monetary equivalent
of their long service leave entitlement shall have that entitlement calculated
by multiplying in completed years and months their period of continuous service
with the employer(s). A statement showing all prior continuous service with the
employer(s) of the employee concerned shall be furnished together with details
of the assessment of the amount of money that shall be paid into a Long Service
Leave Reserve Account and appropriate notations made in the employer's Long
Service Leave Record.
22.4.3.9Â Â Â Â Â Â Â Â Â The
employer which has received under subparagraph 22.4.3.8 a monetary equivalent
of long service leave entitlement to cover an employee's period of service with
a previously employing employer(s) shall if the employee subsequently leaves
the service of that employing employer to seek employment outside New South
Wales Local Government before a long service leave entitlement has become due,
refund to such previously employing employer (s) the amount paid.
22.4.3.10Â Â Â Â Â Â Â Long
service leave shall be exclusive of annual leave and any other holidays as
prescribed by clause 20, Holidays of this Award, occurring during the taking of
any period of long service leave, provided that where a public holiday falls
during a period where the employee has taken long service leave on half pay,
the public holiday shall also be paid at half pay.
22.4.3.11 Â Â Â Â Â Â When the
service of an employee is terminated by death the employer shall pay to the
employee's estate the monetary equivalent of any untaken long service leave
standing to the employee's credit at the time of the employee's decease.
22.4.3.12Â Â Â Â Â Â Â Where an
employee's service is terminated at the end of a season or through shortage of
work, material or finance or through illness certified by a duly qualified
medical practitioner and such employee is reemployed by the same employer
within 12 months of termination of service, prior service shall be counted for
the purpose of this clause
22.4.4 For those employees whose continuous service,
as defined at subclause 22.4.3, is comprised of a combination of service with
Great Southern Energy, or Northern Riverina County Council, or the Department
of Public Works and Services; and Council, Council shall credit each employee
long service leave on ordinary pay as follows:
22.4.4.1Â Â Â Â Â Â Â Â Â For
that period of service with Great Southern Energy, Northern Riverina County
Council or the Department of Public Works and Services; at the 1amount of leave
accrual prescribed within the relevant Award or Industrial Instrument governing
the employee’s long service leave entitlements during that period of service,
and
22.4.4.2Â Â Â Â Â Â Â Â Â For
that period of service with Council; at the amount of leave prescribed at
subclause 22.4.1 of this Award.
22.4.5 Full Pay, Half
Pay, Double Pay
An employee who is entitled to long service leave may,
with the consent of Council, take long service leave:
22.4.5.1Â Â Â Â Â Â Â Â Â On full
pay; or
22.4.5.2Â Â Â Â Â Â Â Â Â On half
pay; or
22.4.5.3Â Â Â Â Â Â Â Â Â On
double pay.
22.4.6 When an employee takes
long service leave, the leave entitlement will be deducted on the following
basis:
22.4.6.1Â Â Â Â Â Â Â Â Â A
period of leave on full pay - the number of days so taken; or
22.4.6.2Â Â Â Â Â Â Â Â Â A
period of leave on half pay -half the number of days so taken; or
22.4.6.3Â Â Â Â Â Â Â Â Â A period
of leave on double pay - twice the number of days so taken.
22.4.7 When an employee
takes long service leave, the period of service for the purpose of leave
accruals shall be as follows:
22.4.7.1Â Â Â Â Â Â Â Â Â A
period of leave on full pay - the number of days so taken; or
22.4.7.2Â Â Â Â Â Â Â Â Â A
period of leave on half pay -half the number of days so taken; or
22.4.7.3Â Â Â Â Â Â Â Â Â A
period of leave on double pay -the number of days so taken.
22.4.8 Employees that
take long service leave at half or double pay shall not be disadvantaged nor
obtain a windfall gain in relation to superannuation.
22.5Â Â Â Parental Leave (General)
Relationship with federal legislation - subclauses
22.5, 22.6, 22.7, and 22.9 of this Award shall apply in addition to:
22.5.1 Chapter 2, Part
2-2, Division 5 - ‘Parental leave and related entitlements’ of the National
Employment Standard (NES) under the Fair
Work Act 2009 (Cth); as amended from time to
time.
22.5.2 The Paid Parental Leave Act 2010 (Cth).
22.6Â Â Â Requests
for flexible work arrangements
Chapter 2, Part 2-2, Division 4, Requests for Flexible Working Arrangements of the Fair
Work Act 2009, shall apply.
22.7Â Â Â Paid Parental Leave
22.7.1 Definitions - in
this clause:
22.7.1.1Â Â Â Â Â Â Â Â Â PPL
instalments shall mean instalments paid during the paid parental leave period
under the Paid Parental Leave Act
2010 (Cth).
22.7.1.2Â Â Â Â Â Â Â Â Â Parental
leave make-up pay shall mean the employee’s ordinary pay, inclusive of PPL
instalments. Where an employee works a
varying number of ordinary hours for 6 months or more in the aggregate in the
12 month period immediately preceding leave associated with the birth of a
child, the employee’s ordinary hours shall be deemed to be the average weekly
number of ordinary hours worked during the 12 month period.
22.7.2 Eligibility
This clause shall apply to an employee who is receiving
PPL instalments as a primary or secondary claimant under the Paid Parental Leave Act 2010 (Cth) and who has had 12 months continuous service with
Council immediately prior to the commencement of paid leave.
22.7.3 Entitlement to
parental leave make-up pay
22.7.3.1Â Â Â Â Â Â Â Â Â An
employee shall be entitled to parental leave make-up pay for the period that
they are receiving PPL instalments, up to a maximum of 18 weeks.
22.7.3.2Â Â Â Â Â Â Â Â Â Parental
leave make-up pay shall be counted as service for the purposes of long service,
annual and sick leave accruals and superannuation. Superannuation is calculated
on the employee’s ordinary rate of pay.
22.7.3.3Â Â Â Â Â Â Â Â Â Requalification
period - An employee shall not be entitled to a further period of parental
leave make up pay unless the employee has returned to work for the council for
at least 3 months since their previous period of parental leave.
22.7.4 Employee’s right
to choose
22.7.4.1Â Â Â Â Â Â Â Â Â Employees
who have had 12 months continuous service immediately prior to the commencement
of primary carer leave or special primary carer leave, may elect to receive
paid primary carer leave and / or paid special primary carer leave in
accordance with the provisions set out in clauses 22.8 in lieu of the
entitlement to parental leave make-up pay under this award.
22.7.4.2Â Â Â Â Â Â Â Â Â This
subclause shall not apply where another employee of council receives parental
leave make-up pay in connection with the pregnancy or birth of the child.
22.8 Â Â Paid Primary Carer Leave and Paid Special
Primary Carer Leave
22.8.1Â Â Â Â Â Â Â Â Â Â Â Â In
accordance with paragraph 22.7.4, Employee’s right to choose, eligible
employees may elect to receive paid primary carer leave or paid special primary
carer leave in lieu of make-up pay.
22.8.2Â Â Â Â Â Â Â Â Â Â Â Â Paid
primary carer leave shall mean leave taken by an employee in connection with
the pregnancy or the birth of a child of the employee who is the primary carer
of that child. A primary carer is the parent (male or female) with the
responsibility to provide primary care to the child during normal business
hours or during the absence of their partner. The person who is the primary
caregiver, must hold such responsibilities from the birth of the child. The
responsibilities of the primary caregiver are not transferrable from partner to
partner. One parent only shall be deemed the primary caregiver. Paid primary
carer leave consists of an unbroken period of leave.
22.8.3Â Â Â Â Â Â Â Â Â Â Â Â Paid
special primary carer leave shall mean leave taken by a female employee where
the pregnancy of the employee terminates before the expected date of birth
(other than by the birth of a living child), or where she suffers illness
related to her pregnancy, and she is not then on paid primary carer leave;
provided that a medical practitioner certifies such leave to be necessary
before her return to work.
22.8.4Â Â Â Â Â Â Â Â Â Â Â Â An
employee shall be entitled to a total of 9 weeks paid primary carer leave or
special primary carer leave on full pay; or 18 weeks paid primary carer leave
or special primary carer leave on half pay; or paid primary carer leave or
special primary carer leave on a combination of full pay or half pay provided
the leave does not exceed the equivalent of 9 weeks on full pay.
22.8.5Â Â Â Â Â Â Â Â Â Â Â Â The
employee may choose to commence paid primary carer leave before the expected
date of the birth.
22.8.6Â Â Â Â Â Â Â Â Â Â Â Â Annual
leave, long service leave, unpaid primary carer leave and any accumulated time
in lieu may be taken in conjunction with paid primary carer leave and special
primary carer leave, subject to council approval, provided that the total
period of leave does not exceed 104 weeks.
22.8.7Â Â Â Â Â Â Â Â Â Â Â Â Employees
may take periods of annual leave and long service leave during unpaid maternity
leave at half pay, provided the total period of all leave does not exceed 104
weeks.
22.8.8Â Â Â Â Â Â Â Â Â Â Â Â The
period of paid primary carer leave and special primary carer leave is taken
into account in calculating the employee's long service, annual and sick leave
accruals.
22.8.9Â Â Â Â Â Â Â Â Â Â Â Â Paid
primary carer leave may not be extended beyond the first anniversary of the
child's birth.
22.8.10Â Â Â Â Â Â Â Â Â Â Payment
for paid primary carer leave and special primary carer leave is at the ordinary
rate applicable prior to the commencement of the leave period. Employees
working as permanent part time employees will be paid at their ordinary part
time rate of pay calculated on the regular number of hours worked. A casual
employee's rate of pay will be calculated by averaging the employee's weekly
wage in the 12 months immediately prior to the employee commencing paid primary
carer leave or special primary carer leave.
22.8.11Â Â Â Â Â Â Â Â Â Â Paid
primary carer leave and paid special primary carer leave shall be exclusive of
public holidays. Where a public holiday falls during a period where the
employee has taken either paid primary carer leave or annual or long service
leave on half pay, the public holiday shall also be paid at half pay. Further,
all entitlements shall accrue during periods of leave at half pay on a
proportionate basis.
22.8.12Â Â Â Â Â Â Â Â Â Â Notice
of intention to take paid primary carer leave
22.8.12.1Â Â Â Â Â Â Â The
employee must: provide council with certification of the expected date of
confinement at least 10 weeks before the child is due. This is known as the
first notice. The employee must also advise council in writing of their
intention to take paid primary carer leave and the proposed start date at least
4 weeks prior to that date. This is known as the second notice.
22.8.12.2Â Â Â Â Â Â Â The
employee must provide a signed statutory declaration that the employee will be the
primary care giver to the child and that the paid primary carer leave will not
be taken in conjunction with any partner accessing paid parental leave
entitlements.
22.8.13Â Â Â Â Â Â Â Â Â Â The
employee will not engage in any other form of paid work during the period of
paid primary carer leave without the approval of the General Manager.
22.9Â Â Â Concurrent Parental Leave
An employee, other than a casual, who is a supporting
parent shall be entitled to up to 10 days paid concurrent parental leave from
their accrued sick leave balance at the time their partner gives birth to a
child or at the time the employee adopts a child provided that the employee has
had 12 months continuous service with council immediately prior to the
commencement of their concurrent parental leave.
22.10Â Adoption Leave
22.9.1 Eligibility
This clause applies to an employee who is entitled to
adoption-related leave under the Fair
Work Act 2009 (Cth).
22.9.2 Pre-adoption Leave
22.9.2.1Â Â Â Â Â Â Â Â Â An
employee, other than a casual, who is entitled to unpaid pre-adoption leave
under the Fair Work Act 2009 (Cth) is entitled to up to 2 days paid pre-adoption leave at
ordinary pay for the period of such leave.
22.9.2.2Â Â Â Â Â Â Â Â Â An
employee who is entitled to a period of paid pre‑adoption leave is
entitled to take the leave as:
22.9.2.3Â Â Â Â Â Â Â Â Â Single
continuous period of up to 2 days; or
22.9.2.4Â Â Â Â Â Â Â Â Â Any
separate periods to which the employee and council agree.
22.9.3 Adoption Leave
22.9.3.1Â Â Â Â Â Â Â Â Â An
employee, other than a casual, who has or will have primary responsibility for
the care of an adopted child is entitled to up to 4 weeks paid adoption leave
at ordinary pay from the date the child is placed with the employee for
adoption.
22.9.3.2Â Â Â Â Â Â Â Â Â Paid
adoption leave must not extend beyond 4 weeks of the date of placement of the
child.
22.9.3.3Â Â Â Â Â Â Â Â Â This
subclause shall not apply where an employee of council receives parental leave
make-up pay in connection with the adoption of the child.
22.11Â Other paid leave
22.11.1Â Â Â Â Â Â Â Â Â Â Jury
Service Leave
An employee required to attend for jury service during
the employee’s ordinary working hours shall be reimbursed by Council an amount
equal to the difference between the amount in respect of the employee’s
attendance for such jury service and the amount of wage the employee would have
received in respect of the ordinary time the employee would have worked had the
employee not been on jury service. An employee shall notify Council as soon as
possible of the date upon which the employee is required to attend for jury
service. Further the employee shall give Council proof of attendance, the
duration of such attendance and the amount received in respect of such jury
service.
An employee required to attend for jury service during
a period of annual leave shall, on application and on production of
satisfactory evidence, be credited with annual leave at a subsequent date, for
the period during which the employee would have been on annual leave had the
employee not been on jury service.
22.11.2Â Â Â Â Â Â Â Â Â Â Union
Training Leave
Council shall agree to release employees to attend an
accredited trade union training course with pay and such agreement shall not
unreasonably be withheld.
22.11.3Â Â Â Â Â Â Â Â Â Â Union
Conference Leave
Accredited delegates to the union’s annual conferences
shall be granted paid leave for the duration of the conference provided that
Council’s operational requirements are met and the union notifies Council of
the accredited delegates nominated to attend the conference at least one month
prior to the commencement of the conference.
22.12Â Bereavement leave
22.12.1Â Â Â Â Â Â Â Â Â Â Subject
to this clause, where an employee, other than a casual, is absent from duty
because of the death of a person and provides satisfactory evidence to the
employer of such, the employee shall be entitled to bereavement leave as
follows:
22.12.1.1Â Â Â Â Â Â Â Up to four
days paid bereavement leave upon the death of a member of the employee’s
immediate family; or
22.12.1.2Â Â Â Â Â Â Â Up to
two days paid bereavement leave upon the death of a member of the employee’s
extended family;
22.12.2Â Â Â Â Â Â Â Â Â Â For the
purposes of this clause, immediate family shall mean the following:
22.12.2.1Â Â Â Â Â Â Â a spouse
or de facto partner of the employee;
22.12.2.2Â Â Â Â Â Â Â a child
of the employee;
22.12.2.3Â Â Â Â Â Â Â a parent
of the employee;
22.12.2.4Â Â Â Â Â Â Â a
sibling of the employee;
22.12.2.5Â Â Â Â Â Â Â a grandchild
of the employee;
22.12.2.6Â Â Â Â Â Â Â a child
of the spouse or de facto partner of the employee;
22.12.2.7Â Â Â Â Â Â Â a parent
of the spouse or de facto partner of the employee;
22.12.2.8Â Â Â Â Â Â Â a
sibling of the spouse or de facto partner of the employee; or
22.12.2.9Â Â Â Â Â Â Â a
grandchild of the spouse or de facto partner of the employee; or
22.12.2.10Â Â Â Â Â a member
of the employee’s extended family living in the same domestic dwelling as the
employee.
22.12.3Â Â Â Â Â Â Â Â Â Â For the
purposes of this clause, extended family shall mean the following:
22.12.3.1Â Â Â Â Â Â Â a niece
of the employee;
22.12.3.2Â Â Â Â Â Â Â a nephew
of the employee;
22.12.3.3Â Â Â Â Â Â Â an uncle
of the employee;
22.12.3.4Â Â Â Â Â Â Â an aunt
of the employee;
22.12.3.5Â Â Â Â Â Â Â a
grandparent of the employee;
22.12.3.6Â Â Â Â Â Â Â a grandparent
of the spouse or de facto partner of the employee;
22.12.3.7Â Â Â Â Â Â Â the
spouse or de-facto partner of the employee’s child (son in law or daughter in
law).
22.12.4Â Â Â Â Â Â Â Â Â Â The
employer may grant an employee additional bereavement leave if satisfied
that     extenuating circumstances exist.
22.12.5Â Â Â Â Â Â Â Â Â Â Bereavement
Entitlements for Casual Employees
22.12.5.1Â Â Â Â Â Â Â Subject
to providing satisfactory evidence to the employer, casual employees are
entitled to not be available to attend work, or to leave work upon the death of
a person as provided in clauses 22.11.1 to 22.11.4.
22.12.5.2Â Â Â Â Â Â Â The
casual employee is not entitled to any payment for the period of
non-attendance.
22.12.5.3Â Â Â Â Â Â Â The
employer must not fail to re-engage a casual employee because the employee
accessed the entitlements provided for in this clause. The rights of the
employer to engage or not engage a casual employee are otherwise not affected.
22.13Â Emergency service leave
22.13.1Â Â Â Â Â Â Â Â Â Â Council
will release employees who are registered members of New South Wales Emergency
Service Organisations to participate in declared emergency events without loss
of ordinary pay or entitlements subject to such release not jeopardising
Council’s ability to maintain its core services.
22.13.2Â Â Â Â Â Â Â Â Â Â The
releasing of such employees shall be subject to the following:
22.13.2.1Â Â Â Â Â Â Â The
release of the employee from duty, either by the appropriate supervisor or,
when such supervisor cannot be contacted, the rostered Duty Officer.
22.13.2.2Â Â Â Â Â Â Â The subsequent
submission of appropriate certification duly signed by an authorised officer of
the emergency organisation detailing particulars of the employee’s
participation in the event.
22.14Â Leave without pay
22.14.1Â Â Â Â Â Â Â Â Â Â Periods
of leave without pay, shall be taken at a time mutually convenient to council
and the employee, and shall not be regarded as service for the purpose of
computing long service leave, sick leave, annual leave or an employee’s
entitlement to parental leave make-up pay. Such periods of leave without pay
shall not however, constitute a break in the employee’s continuity of service.
22.14.2Â Â Â Â Â Â Â Â Â Â An
employee shall not be entitled to any payment for public holidays during an
absence on approved leave without pay.
22.14Â Domestic / Family Violence leave
22.14.1Â Â Â Â Â Â Â Â Â Â An employee experiencing family and
domestic violence is entitled to ten (10) days per calendar year (not
cumulative) of paid family and domestic violence leave for the purpose of:
(i)Â Â Â Â Â Â Attending legal proceedings, counselling,
appointments with a medical or legal practitioner;
(ii)Â Â Â Â Â Relocation or making other safety
arrangements; or
(iii)Â Â Â Â Other activities associated with the
experience of family and domestic violence. The employee shall give the
employer notice as soon as reasonably practicable of their request to take
leave under this clause.
22.14.2Â Â Â Â Â Â Â Â Â Â The employee shall provide evidence
that would satisfy a reasonable person that the leave is for the purpose as set
out in this clause. Such evidence may include documents issued by the police
service, a court, a health professional, a family violence support service, a
lawyer, or where such documents are not available a signed statutory
declaration can be provided.
22.14.3Â Â Â Â Â Â Â Â Â Â Where this entitlement is exhausted,
the General Manager may, at their discretion, provide additional paid or unpaid
leave.Â
23. Flexibility for
Work and Family Responsibilities
23.1Â Â Â Council and an
employee, other than a casual, may agree on flexible work and leave
arrangements to enable the employee to attend to work and family
responsibilities. Council shall not
unreasonably withhold agreement to flexible work and leave arrangements,
provided its operational needs are met.
23.2Â Â Â Flexible work and
leave arrangements include but are not limited to:
23.2.1 Make up time;
23.2.2 Flexi time;
23.2.3 Time in lieu;
23.2.4 Leave without pay;
23.2.5 Annual leave;
23.2.6 Part-time work;
23.2.7 Job share
arrangements;
23.2.8 Variations to
ordinary hours and rosters;
23.2.9 Purchased
additional annual leave arrangements; and arrangements to accommodate
breastfeeding women.
23.3Â Â Â The terms of a
flexible work and leave arrangement shall be in writing and may be varied from
time to time, by agreement, to suit the specific needs of either party.
24. Phased Retirement
24.1Â Â Â In recognition of
the ageing workforce in local government and the need to retain skills and
experience within the industry, councils are encouraged to develop and promote
flexible work and leave arrangements to enable their employees to better manage
their transition into retirement.
24.2Â Â Â Examples of
flexible work and leave arrangements include:
24.2.1 Part-time work;
24.2.2 Flexi time;
24.2.3 Leave without pay;
24.2.4 Job sharing
arrangements;
24.2.5 Variations to ordinary
hours and rosters;
24.2.6 Job redesign; and
24.2.7 Purchased
additional annual leave arrangements.
24.3Â Â Â The terms of a
flexible work and leave arrangements shall be in writing and may be varied from
time to time, by agreement, to suit the specific needs of either Council or the
employee.
25. Part-Time
Employment
25.1Â Â Â A part-time
employee shall mean an employee who is engaged on the basis of a regular number
of hours which are less than the full-time ordinary hours in accordance with
Clause 18, Hours of Work of this Award.
25.2Â Â Â Prior to
commencing part-time work Council and the employee shall agree upon the
conditions under which the work is to be performed including:
25.2.1 The hours to be
worked by the employee, the days upon which they shall be worked and the
commencing times for the work.
25.2.2 The nature of the
work to be performed.
25.2.3 The rate of pay as
paid in accordance with this Award
25.3Â Â Â The conditions
may also stipulate the period of part-time employment.
25.4Â Â Â The conditions
may be varied by consent between the employer and the employee.
25.5Â Â Â The conditions or
any variation to them must be in writing and retained by Council. A copy of the
conditions and any variations to them must be provided to the employee by the
Council.
25.6Â Â Â Where it is
proposed to alter a full-time position to become a part-time position such
proposal shall be referred to the consultative committee for information.
25.7Â Â Â In such cases
Council and the employee shall agree upon the conditions, if any, of return to
full-time work.
25.8Â Â Â A part-time
employee may work more than their regular number of hours at their ordinary
hourly rate by agreement. Where an employee works hours outside the spread of
hours in Clause 18, Hours of Work of this Award, the provisions of Clause 19,
Overtime, shall apply.
25.9Â Â Â Part-time
employees shall receive all conditions prescribed by the Award on a pro-rata
basis of the regular hours worked. An adjustment to the accrued leave
entitlements may be required at the conclusion of each service year based on
the proportion of actual hours worked.
25.10Â Where a public
holiday falls on a day where a part-time employee would have regularly worked
the employee shall be paid for the hours normally worked on that day.
25.11Â A change to
full-time employment from part-time employment or to part-time employment from
full-time employment shall not constitute a break in the continuity of service.
All accrued entitlements shall be calculated in proportion to the hours worked
in each employment arrangement.
26. Casual Employment
26.1Â Â Â A
casual employee shall mean an employee engaged on a day to day basis.
26.2Â Â Â A casual employee shall be paid the hourly
rate for ordinary hours worked in accordance with Clause 18, Hours of Work.
26.3Â Â Â Casual employees who work on Saturday and/or
Sunday are entitled to penalty rates prescribed by paragraph 19.1.3 of the
Award. The penalties are calculated on
the ordinary hourly rate.
26.4Â Â Â Casual employees who work outside the
relevant spread of hours identified at clause 18.1.3 are entitled to a shift
penalty. The penalty is calculated on
the ordinary hourly rate.
26.5Â Â Â Subject to paragraph 18.1.3, a casual
employee will not be offered to work overtime in a position held by a permanent
employee of Council, if such permanent employee is available to work that
overtime. Overtime shall be paid where a casual employee works outside the
ordinary hours for that position. In cases where there are no ordinary hours
for the position, overtime shall be paid for the hours worked in excess of
those prescribed in paragraph 18.1.3.
26.6Â Â Â In addition to the amounts prescribed by
subclause 26.2 of this clause, a twenty-five per cent loading, calculated on the
ordinary hourly rate, shall be paid. This loading shall not attract any
penalty. This loading shall be paid in lieu of all leave and severance pay,
except for paid parental leave prescribed in subclause 22.7, Casual loading is
not payable on overtime.
26.7Â Â Â Casual employees engaged on a regular and
systematic basis shall:
26.7.1 Have access to annual assessment under
council's salary system.
26.7.2 Have their service as a casual counted as
service for the purpose of calculating long service leave where the service as
a casual employee is continuous with their appointment to a permanent position
on council's structure. In calculating the long service leave entitlement in
such cases there shall be a deduction of the long service leave accrued whilst
the employee was employed as a casual.
26.8Â Â Â A casual employee shall not replace an
employee of Council on a permanent basis.
26.9   Carer’s entitlements shall be available for
casual employees as set out in paragraph 22.2.8.
26.10Â Bereavement entitlements shall be available
for casual employees as set out in paragraph 22.12.5, except that the
provisions will be extended to benefit same sex partners.
27. Job Share
Employment
27.1Â Â Â Job sharing is a
form of part-time employment where more than one employee shares all the duties
and responsibilities of one position.
27.2Â Â Â Job sharing shall
be entered into by agreement between Council and the employees concerned.
27.3Â Â Â Such agreement
shall be referred to the consultative committee for information.
27.4Â Â Â Council and the
job sharers shall agree on the allocation of work between job sharers.
27.5Â Â Â The ordinary
hours of work of the position shall be fixed in accordance with Clause 18,
Hours of Work of this Award.
27.6Â Â Â The job sharers
in conjunction with council shall agree on the hours to be worked. Such
agreement shall specify the regular number of ordinary hours to be worked by
each job sharer.
27.7Â Â Â In the absence of
a job sharer the remaining job sharer(s) may be required by council to relieve the
absent job sharer provided the remaining job sharer(s) are reasonably
available.
27.8Â Â Â In such cases the
relieving job sharer(s) shall be paid their ordinary rate of pay for the time
relieving.
27.9Â Â Â A job sharer may
work more than their regular number of hours at their ordinary hourly rate by
agreement. Where an employee works hours outside the spread of hours in Clause
18, Hours of Work of this Award the provisions of Clause 19, Overtime, shall
apply.
27.10Â Council must
establish appropriate communication mechanisms between the job sharers to
facilitate the handing over of tasks from one job sharer to another.
27.11Â Job sharers shall
have access to all provisions of this Award including training and development.
27.12Â Job sharers shall
receive pro-rata pay and conditions in proportion to the ordinary hours worked
by each job sharer.
27.13Â An adjustment to
accrued leave entitlements may be required at the conclusion of each service
year based on the proportion of actual hours worked.
27.14Â A change to job
sharing from full-time or part-time employment or from job sharing to full-time
or part-time employment shall not constitute a break in the continuity of
service. All accrued entitlements shall be calculated in proportion to the
hours worked in each employment arrangement.
27.15Â In the event of a
job sharer vacating the position Council shall review the position and shall
consider filling the vacancy or offering the remaining job sharer(s) increased
hours.
27.16Â The terms of a job
share arrangement or any variation to it must be in writing. A copy of the
arrangement and any variation to it must be provided to the job sharer(s) by
the Council.
28. Junior and Trainee Employment
28.1Â Â Â General
28.1.1 The rates of pay
specified in Band 1 / Level 1 are actual not minimum rates.
28.1.2 Employees engaged
at the T3 rate of pay or above may be required to possess a Provisional or
Class C Drivers Licence.
28.2Â Â Â Junior employment
28.2.1 The rates of pay as
provided in Band 1 / Level 1 are payable to juniors (15-18 years old).
28.2.2 A junior employee
shall be appointed to Band 1 / Level 1 according to either their age or
educational qualification, whichever provides for the higher rate of pay.
28.2.3 Progression along
the scale is automatic up to and inclusive of T4, according to the employee's
age.
28.3Â Â Â Trainee
employment and apprenticeships
28.3.1 The rate of pay as
provided for in Band 1 / Level 1 are payable to employees undertaking entry
level training.
28.3.2 An employee shall
be appointed to Band 1 / Level 1 according to either their age or educational
qualification, whichever provides for the higher rate of pay.
28.3.3 Progression along
the scale is not automatic but, is subject to successful completion of
appropriate training modules and satisfactory service.
28.3.4 Upon successful
completion of entry level training, the employee shall proceed to the
appropriate band and level in the structure, if the employment is to be
continued beyond the training period.
28.3.5 In addition to the
vocational training direction, the council shall provide an apprentice with the
conditions of the apprenticeship in writing and these conditions shall include:
28.3.5.1Â Â Â Â Â Â Â Â Â The
term of the apprenticeship;
28.3.5.2Â Â Â Â Â Â Â Â Â The
course of studies to be undertaken by the apprentice;
28.3.5.3Â Â Â Â Â Â Â Â Â The
course of on the job training to be undertaken by the apprentice.
28.4Â Â Â School
based apprentices
28.4.1 The object of sub-clause
28.4. of this clause is to assist persons who are undertaking an apprenticeship
under a training contract while also enrolled in the Higher School Certificate.
Such school based apprenticeships are undertaken at a minimum Certificate III
Australian Qualifications Framework (AQF) qualification level as specified in
the relevant Vocational Training Order
pursuant to the Apprenticeship and Traineeship Act 2001.
28.4.2 The hourly rates
for school based apprentices for total hours worked including time deemed to be
spent in off-the-job training shall be calculated by dividing the applicable
weekly rate for full time apprentices as set out in Band 1 / Level 1 by 38 in
accordance with Clause 18, Hours of Work.
28.4.3 For the purpose of
subclause (28.4.2), where a school based apprentice is a full time school
student, the time spent in off-the-job training for which the school based
apprentice is paid is deemed to be 25 per cent of the actual hours worked
on-the-job each week. The wages paid for training time may be averaged over the
school term or year.
28.4.4 School based
apprentices progress through the rates of pay set out in Band 1 / Level 1
subject to successful completion of appropriate training modules and
satisfactory service.
28.4.5 Except as provided
by this Award, school based apprentices are entitled to pro rata entitlements
of all other conditions of employment.
28.5Â Â Â Government funded traineeships
28.5.1Â Â Â Â Â Â Â Â Â Â Â Â The
objective of sub-clause 28.5 of this clause is to assist in the establishment
of a system of traineeships which provides approved training in conjunction
with employment in order to enhance the skill levels and future employment
prospects of trainees.
28.5.2Â Â Â Â Â Â Â Â Â Â Â Â The
system is neither designed nor intended for those who are already trained and
job ready.
28.5.3Â Â Â Â Â Â Â Â Â Â Â Â Nothing
in this subclause shall be taken to replace the prescription of training
requirements for all other employees bound by this Award.
28.5.4Â Â Â Â Â Â Â Â Â Â Â Â Except
as in hereinafter provided, all other terms and conditions of this Award shall
apply.
28.5.5Â Â Â Â Â Â Â Â Â Â Â Â This
subclause shall apply to trainees engaged to undertake a traineeship which is a
system of training approved by the relevant state training authority. The
trainee and the council shall be bound by a training agreement made in
accordance with this Award and shall not operate unless this condition is met.
28.5.6Â Â Â Â Â Â Â Â Â Â Â Â A
traineeship shall not commence until the relevant Traineeship Agreement has
been registered with the relevant State Training Authority.
28.5.7Â Â Â Â Â Â Â Â Â Â Â Â The
council shall ensure that the trainee is permitted to attend the training
course or program provided for in the Traineeship Agreement and shall ensure
that the trainee receives the appropriate on-the-job training in accordance
with the Traineeship Agreement.
28.5.8Â Â Â Â Â Â Â Â Â Â Â Â The
council shall provide a level of supervision in accordance with the Traineeship
Agreement during the traineeship period.
28.5.9Â Â Â Â Â Â Â Â Â Â Â Â Training
shall be directed at:
28.5.9.1Â Â Â Â Â Â Â Â Â The
achievement of key competencies required for successful participation in the
workplace and / or
28.5.9.2Â Â Â Â Â Â Â Â Â The
achievement of competencies required for successful participation in an
industry.
28.5.10Â Â Â Â Â Â Â Â Â Â Until
consultation and negotiations with the relevant industry union(s) upon the
terms of the proposed Traineeship Scheme and the Traineeship has occurred a
Traineeship Scheme shall not be given approval. An application for approval of
a Traineeship Scheme shall identify the relevant industry union(s) and
demonstrate to the satisfaction of the approving authority that the
abovementioned consultation and negotiations have occurred.
28.5.11Â Â Â Â Â Â Â Â Â Â Subclause
28.5 of this clause does not apply to apprentices.
28.5.12Â Â Â Â Â Â Â Â Â Â Any
existing employment arrangements for the Australian Traineeship System (ATS) or
the Career Start Traineeship (CST) shall not apply to any council bound by this
Award, except in relation to ATS or CST trainees who commenced a traineeship
with the council before the Council was bound by this Award.
28.5.13Â Â Â Â Â Â Â Â Â Â Trainees
shall not displace existing employees from employment.
28.5.14Â Â Â Â Â Â Â Â Â Â Trainees
shall only be engaged in addition to existing staff positions and employment
levels.
28.5.15Â Â Â Â Â Â Â Â Â Â The
provisions of subclause (28.5.14) above do not apply to the engagement of
Indigenous trainees and trainees paid at Band 1 / Level 1 of the Award. This subclause shall not be used to reduce
the core number of employees at a council.
28.5.16Â Â Â Â Â Â Â Â Â Â A
trainee shall be engaged on a full time basis for the period of at least twelve
months. By agreement in writing, and with the consent of the relevant State
Training Authority, the relevant council and the trainee may vary the duration
of the Traineeship and the extent of approved training provided that any
agreement to vary is in accordance with the relevant Traineeship Scheme. This
clause shall not restrict a council's ability to engage a trainee under a
school-based traineeship.
28.5.17Â Â Â Â Â Â Â Â Â Â Council
shall not terminate the trainee's service without providing written notice of
termination in accordance with the training agreement and subsequently to the
relevant State Training Authority as appropriate.
28.5.18Â Â Â Â Â Â Â Â Â Â Where
Council chooses not to continue the employment of a trainee upon the completion
of the traineeship, it shall notify the relevant state training authority as
appropriate, of its decision.
28.5.19Â Â Â Â Â Â Â Â Â Â A
trainee who fails to complete the traineeship or who cannot for any reason be
placed in full-time employment with Council on the successful completion of the
traineeship, shall not be entitled to any severance payments payable pursuant
to termination, change or redundancy provisions or provisions similar thereto.
28.5.20Â Â Â Â Â Â Â Â Â Â The
trainee shall be permitted to be absent from work without loss of continuity of
employment and / or wages to attend the training in accordance with the
Traineeship Agreement.
28.5.21Â Â Â Â Â Â Â Â Â Â Where
the employment of a trainee by an employer is continued after the completion of
the traineeship period, such traineeship period shall be counted as service
with the council for the purposes of this Award or any other legislative
entitlements.
28.5.22Â Â Â Â Â Â Â Â Â Â Wages
28.5.22.1Â Â Â Â Â Â Â The weekly
amount of pay payable to trainees shall be as provided in Table 1 of Part B,
Traineeship Rates, of this Award.
28.5.22.2Â Â Â Â Â Â Â The
trainee wage rates contained in this Award are minimum rates and shall only
apply to trainees while they are undertaking an approved traineeship which
includes approved training as prescribed above.
29. Training and
Development
29.1Â Â Â The parties to
this Award recognise that increasing the efficiency and productivity of the
industry requires an ongoing commitment to education, training and skill
maintenance, development and enhancement. Accordingly, the parties commit
themselves to:
29.1.1 Developing a more
highly skilled and flexible workforce
29.1.2 Providing
employees with opportunities through appropriate education and training to
acquire additional skills and
29.1.3 Removing barriers
to the utilisation of skills in accordance with councils' training plans.
29.2Â Â Â All employees
shall have reasonable and equitable access to education and training, such
education and training shall:
29.2.1 Be consistent with
Council's training plan
29.2.2 Enable employees
to acquire the range of skills they are required to apply in their positions
29.2.3 Enhance employees'
opportunities for mobility through councils' organisation structures, through
participation in Councils' training plans.
29.3Â Â Â Training Plan and
Budget
29.3.1 Council shall
develop a training plan and budget consistent with:
29.3.1.1Â Â Â Â Â Â Â Â Â The
current and future skill requirements of Council.
29.3.1.2Â Â Â Â Â Â Â Â Â The size,
structure and nature of the operations of Council.
29.3.1.3Â Â Â Â Â Â Â Â Â The
need to develop vocational skills relevant to Council and the Local Government
industry.
29.3.2 In developing the
training plan, the council shall have regard to corporate, departmental and
individual training needs.
29.3.3 The training plan
shall be designed in consultation with the consultative committee.
29.3.4 The training plan
shall provide for the assessment and recognition of employee's current
competencies where possible.
29.3.5 Selection of
participants to receive Council required training in accordance with council's
training plan is to be based on merit and the needs of the employee as
identified in the employee's performance appraisal.
29.4Â Â Â If an employee is
required by council to undertake training in accordance with Council's training
plan:
29.4.1 Council shall
grant the employee paid leave to attend course requirements, including
examinations, where the training is undertaken during ordinary working hours;
29.4.2 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 shall be specified in the training plan;
29.4.3 Council shall pay
course fees at the commencement of each stage but shall not pay course fees if
the employee is repeating;
29.4.4 Council shall
either provide transport or pay reasonable travelling expenses to enable
employees to attend course requirements;
29.4.5 Reasonable travel
arrangements shall be agreed; and
29.4.6 Where an employee
is required to complete major assignment(s) Council and the employee shall
agree upon appropriate flexible work and study arrangements as are practicable.
29.5Â Â Â Council may grant
an employee undertaking a course consistent with Council's training plan,
although not 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.
29.6Â Â Â Development of a
Competency Based Training System
29.6.1 The parties to the
Award are committed to the development of a competency based system of
vocational education and training for local government. Such a system involves
the delivery, assessment and certification of training being related to the
identification and demonstrated attainment of the knowledge, skills and their
application required for effective performance in work at the required level,
as defined in industry endorsed competency standards.
29.6.2 The parties shall
continue to participate in the development of a competency based training
system to ensure that the following are achieved:
29.6.2.1Â Â Â Â Â Â Â Â Â That
competency standards developed provide the specification of the knowledge and
skill and the application of that knowledge and skill to the standards of
performance required in employment;
29.6.2.2Â Â Â Â Â Â Â Â Â That
competency standards are reviewed in a systematic manner to ensure that they
remain relevant to the actual needs of the industry;
29.6.2.3Â Â Â Â Â Â Â Â Â That
accredited courses and training programs deliver the required competencies and
to ensure that assessment processes measure an employee's competency against
prescribed standards of performance. These processes involve recognition of
prior learning and assessment mechanisms;
29.6.2.4Â Â Â Â Â Â Â Â Â That
certification provides employees with formal recognition of the competencies
they have achieved and demonstrated.
29.7Â Â Â Continuing
Professional Development
29.7.1 Employees who are
required to either hold professional qualifications or complete further
professional qualifications and whose positions are evaluated in Band 3 or Band
4 of this Award, shall have access to continuing professional development (CPD)
that is consistent with the training plan for their position as follows:
(i)Â Â Â Â Â Â 10
hours per annum, or
(ii)Â Â Â Â Â in accordance
with legislated CPD requirements, whichever is the greater.
Nothing in this clause prevents an employer and
employee from agreeing to additional CPD training.
29.8Â Â Â Professional Accreditation
Schemes
29.8.1 Where a Goldenfields Water employee is required to hold or
participate in an accreditation or registration scheme specific to their
profession, Goldenfields Water shall:
i.        Pay
the reasonable costs associated with obtaining and/or maintaining such
accreditation, including the cost of accreditation fees and compulsory
continued professional development training/course fees, and;
ii.       Grant leave,
without loss of pay, to attend course requirements.
30. Consultative Committees
30.1Â Â Â Aim
The parties to the Award are committed to consultative
and participative processes. There shall be a consultative committee at council
which shall:
30.1.1 Provide a forum
for consultation between Council and its employees;
30.1.2 Positively
co-operate in workplace reform to enhance the efficiency and productivity of
Council and to provide employees with access to career opportunities and more
fulfilling, varied and better paid work.
30.2Â Â Â Size and composition
30.2.1 The size and
composition of the consultative committee shall be representative of Council’s
workforce and agreed to by Council and the local representatives from the
unions which are parties to this Award, and such agreement shall not be
unreasonably withheld.
30.2.2 The consultative
committee shall include but not be limited to employee representatives of each
of the unions who have members employed at Council.
30.2.3 Officers of the
union(s) or Association(s) may attend and provide input to meetings of the
consultative committee, at the invitation of the consultative committee or
their respective members.
30.3Â Â Â Scope
of consultative committees
30.3.1 The functions of
the consultative committee shall include, but is not limited to:
30.3.1.1Â Â Â Â Â Â Â Â Â Award
implementation
30.3.1.2Â Â Â Â Â Â Â Â Â Training
30.3.1.3Â Â Â Â Â Â Â Â Â Consultation
with regard to organisation restructure
30.3.1.4Â Â Â Â Â Â Â Â Â Job
redesign
30.3.1.5Â Â Â Â Â Â Â Â Â Salary
systems
30.3.1.6Â Â Â Â Â Â Â Â Â Communication
and education mechanisms
30.3.1.7Â Â Â Â Â Â Â Â Â Performance
management systems
30.3.1.8Â Â Â Â Â Â Â Â Â Changes
to variable working hours arrangements for new or vacant positions
30.3.1.9Â Â Â Â Â Â Â Â Â Local
government reform
30.3.1.10Â Â Â Â Â Â Â Proposed
variations to leaseback vehicle arrangements.
30.3.2 The consultative
committee shall not consider matters which are being or should be processed in
accordance with Award clause 32 Grievance and Disputes Procedures.
30.4Â Â Â Meetings
and support services
30.4.1 The consultative
committee will make recommendations based upon consensus. Where there is no
consensus on a particular item, the recommendation to Council should note the
dissenting views.
30.4.2 The consultative
committee shall meet as required
30.5Â Â Â Employee nominations
Employees shall nominate employee representatives on
the Consultative Committee.
30.6Â Â Â Appointment and promotion
30.6.1 Where an internal
applicant has applied for a new or vacant position and their application is
unsuccessful, the employee may:
30.6.1.1Â Â Â Â Â Â Â Â Â Request
in writing the reasons as to why they were not appointed; and
30.6.1.2Â Â Â Â Â Â Â Â Â Upon such
request Council shall provide the reasons in writing.
31. Term Contracts
31.1Â Â Â A Council may
only employ a person on a term contract of employment in the following
situations:
31.1.1Â Â Â Â Â Â Â Â Â Â Â Â For
the life of a specific task or project that has a definable work activity, or
31.1.2Â Â Â Â Â Â Â Â Â Â Â Â To
perform the duties associated with an externally funded position where the
length of the employment depends on the length of the funding, or
31.1.3Â Â Â Â Â Â Â Â Â Â Â Â To
perform the duties associated with a vacant position until the vacant position
is filled on a permanent basis, provided that the duration is not longer than is reasonably necessary to undertake
recruitment for the vacant position, or
31.1.4Â Â Â Â Â Â Â Â Â Â Â Â To
temporarily replace an employee that is on approved leave, secondment, workers
compensation or acting in a different position, or
31.1.5Â Â Â Â Â Â Â Â Â Â Â Â To
undertake training and work as part of an apprenticeship, traineeship or
student work experience program in conjunction with an education institution,
or
31.1.6Â Â Â Â Â Â Â Â Â Â Â Â To
trial a new work area, provided that the duration is no longer than is
reasonably necessary to trial the new work area, or
31.1.7Â Â Â Â Â Â Â Â Â Â Â Â To
perform the duties associated with a vacant position during the intervening
period between when 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 the employment in the vacant position and the date
that the changes are implemented;
31.1.8Â Â Â Â Â Â Â Â Â Â Â Â To
accommodate time limitations imposed by law or sought by the employee (e.g.
visa restrictions).
32.Â
Grievance and Dispute Procedures
32.1Â Â Â Right to representation
During the procedure, the employee(s) may be
represented by their union, or its local representative or other support
person; and Council represented by Local Government NSW or other
representative.
32.2Â Â Â Delegate access to management
The union delegate where prior approval is sought shall
have reasonable opportunity to discuss disputes with management and employees
without loss of pay. Such approval will not be unreasonably withheld.
32.3Â Â Â Procedure
A grievance or dispute shall be dealt with as
follows:Â Â
32.3.1Â Â Â Â Â Â Â Â Â Â Â Â The
employee(s) shall notify the supervisor of any grievance or dispute and the
remedy sought, in writing.
32.3.2Â Â Â Â Â Â Â Â Â Â Â Â 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.
32.3.3Â Â Â Â Â Â Â Â Â Â Â Â 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.
32.3.4Â Â Â Â Â Â Â Â Â Â Â Â 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.
32.3.5Â Â Â Â Â Â Â Â Â Â Â Â 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.
32.4Â Â Â Industrial
Registrar
The Industrial Registrar may be advised of the
existence of a dispute at any stage of this procedure.
32.5Â Â Â Status Quo during negotiation
During this procedure and while the matter is in the
course of negotiation, conciliation and/or arbitration, the work practices
existing prior to the dispute shall as far as practicable proceed as normal.
32.6Â Â Â Role of IRC
The Parties agree the powers of the Commission
including conciliation and arbitration will be utilised should a dispute remain
unresolved.
33. Disciplinary Procedures
33.1Â Â Â Employee's Rights
Notwithstanding the procedures below, an employee
shall:
33.1.1 Have access to
their personal files and may take notes and/or obtain copies of the contents of
the file.
33.1.2 Be entitled to
sight, note and/or respond to any information placed on their personal file
which may be regarded as adverse.
33.1.3 Be entitled to
make application to delete or amend any disciplinary or other record mentioned
on their personal file which the employee believes is incorrect, out-of-date,
incomplete or misleading.
33.1.4 Be entitled to
request the presence of a union representative and / or the involvement of
their union at any stage.
33.1.5 Be entitled to
make application for accrued leave for whole or part of any suspension during
the investigation process.
33.2Â Â Â Employer's
rights and obligations
Notwithstanding the procedures contained below, Council
shall:
33.2.1 Be entitled to
suspend an employee with or without pay during the investigation process
provided that:
33.2.1.1Â Â Â Â Â Â Â Â Â Suspension
without pay during an investigation shall be for a period of not more than two
weeks, except where the progress of the investigation is delayed due to the
unavailability of the employee and/or their representative in which case the
period of suspension without pay may be extended for a further period of up to
7 days or such greater period by agreement.
33.2.1.2Â Â Â Â Â Â Â Â Â If,
after investigation, the reasons for the suspension are found to be
inappropriate, the employee shall not suffer any loss of pay for the period
under suspension.
33.2.1.3Â Â Â Â Â Â Â Â Â The
suspension shall not affect the employee's continuity of service for the
purposes of accruing leave entitlements.
33.2.1.4Â Â Â Â Â Â Â Â Â Council
shall not unreasonably refuse an application for paid leave under this
provision.
33.2.1.5Â Â Â Â Â Â Â Â Â By
agreement an employee may be transferred to another position or place of work.
33.2.2 Properly conduct
and speedily conclude an investigation into the alleged unsatisfactory work
performance or conduct.
33.2.3 Be entitled to
take other disciplinary action before and / or during the procedures in cases
of misconduct or where the employee's performance warrants such action.
33.2.4 In appropriate
circumstances be entitled to terminate an employee's services in accordance
with Clause 36, Termination of Employment of this Award.
33.2.5 Be entitled to
request the presence of a union representative at any stage.
33.3Â Â Â Procedures
33.3.1 Where an
employee's work performance or conduct is considered 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
of council.
33.3.2 Unsatisfactory
work performance or conduct shall include, but not be limited to, neglect of
duties, breach of discipline, absenteeism and non-compliance with safety standards.
A written record shall be kept on the appropriate file of such initial warning.
The employee shall be entitled to sight and sign such written record and add
any notations regarding the contents of such record.
33.3.3 Where there is
re-occurrence of unsatisfactory work 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 and, 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; and whether disciplinary action will follow should the
employee's work performance or conduct not improve. A written record shall be
kept of such formal warning and counselling. The employee shall be entitled to
sight and sign such written record and add any notations regarding the contents
of such record.
33.3.4 If the employee's
unsatisfactory work 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.
33.3.5 If the employee's
work performance or conduct does not improve after the final warning further
disciplinary action may be taken.
33.3.6 All formal
warnings shall be in writing.
33.3.7 Delegates shall be
provided reasonable time without loss of pay, to represent members in
disciplinary matters at the local level, provided prior approval is sought.
Such approval shall not be unreasonably withheld.
33.4Â Â Â Penalties
After complying with the requirements above, Council
may:
33.4.1 Demote the
employee to a lower paid position, provided that the employee shall not suffer
a reduction in the rate of pay for 2 weeks from the date of the demotion.
33.4.2 Suspend an
employee without pay from work for a specified period of time.
33.4.3 Terminate the
employment of the employee.
34.Â
Work Health and Safety
34.1Â Â Â Statement of Intent
The parties to the Award are committed to co-operating
positively to:
34.1.1 Promote the safety
and welfare of workers and other people in the workplace;
34.1.2 Eliminate unsafe
work practices;
34.1.3 Proactively
consult with workers regarding decisions that affect their health, safety and
welfare; and
34.1.4 Ensure that
employers and employees understand and comply with their obligations under the Work Health and Safety Act 2011 (NSW),
Work Health and Safety Regulation 2011 (NSW) and associated codes of practice.
34.1.5 Further
information and resources are available from the following organisations:
34.1.6 Safe Work
Australia: www.safeworkaustralia.gov.au.
34.2Â Â Â Accommodation and shelter
Council shall make appropriate provision for employees
with regard to accommodation and shelter and shall satisfy the provisions of
the Work Health and Safety Act and Regulations.
34.3Â Â Â Provision of equipment and uniforms
All safety equipment and compulsory uniforms will be
provided by Council free of charge and be replaced on the basis of fair wear
and tear.
34.4Â Â Â Inclement
weather
Council will provide all employees required to work
outdoors in wet weather with suitable wet weather clothing. Council further
undertakes to provide gainful employment for staff at all times; and guarantees
that no employee will be stood down as a result of inclement weather.
34.5Â Â Â Specific provisions
34.5.1 Council shall
supply employees with protective clothing and equipment suitable to the nature
of the work performed and the work environment and that shall satisfy the
relevant legislation.
34.5.2 All new graders,
loaders, backhoes, trucks and rollers shall be fitted with air conditioning
where practicable.
34.5.3 Vehicles and plant
used in the collection, transportation and disposal of waste, tar patching,
patrol grading or like duties shall be of high visibility and fitted with a
flashing light or a light visible from all points around the vehicle.
34.5.4 The employer shall
provide oil or other suitable solvents to employees for the removal of
creosote, tar, bitumen emulsions or similar preparations.
34.5.5 Where any acidic
or caustic products are used by employees, adequate facilities shall be
provided to enable them to wash any affected areas and an adequate quantity of
barrier cream shall be provided.
34.5.6 Employees shall be
supplied with sufficient cool water containers to ensure that adequate clean,
cool drinking water is available throughout the day.
34.5.7 No employee shall
be required to work alone outside of built-up areas without all available
communications to allow continuous contact in all conditions.
34.5.8 Where an employee
during the course of work, sustains damage to clothing by fire, molten metal,
tar or any corrosive substances which is not attributable to the employee's
negligence, the employee shall be compensated by council to an agreed amount.
34.5.9 In the case of
extreme and unusual weather conditions which could be assessed as hazardous
council will review and conduct a risk assessment to determine what action, if
any, needs to be put in place to minimise unnecessary exposure and risks to its
employees during such unusual occurrences.
34.6Â Â Â Labour
Hire and Contract Businesses
34.6.1Â Â Â Â Â Â Â Â Â Â Â Â For
the purposes of this subclause, the following definitions shall apply:
34.6.1.1Â Â Â Â Â Â Â Â Â A
"labour hire business" is a business (whether an organisation,
business enterprise, company, partnership, co-operative, sole trader, family
trust or unit trust, corporation and/or person) which has as its business
function, or one of its business functions, to supply staff employed or engaged
by it to Council for the purpose of such staff performing work or services for
that other council.
34.6.1.2Â Â Â Â Â Â Â Â Â A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by a Council to
provide a specified service or services or to produce a specific outcome or
result for that council which might otherwise have been carried out by that
Council’s own employees.
34.6.2Â Â Â Â Â Â Â Â Â Â Â Â If
Council engages a labour hire business and/or a contract business to perform
work wholly or partially on Council’s premises, Council shall do the following
(either directly, or through the agency of the labour hire or contract
business):
34.6.2.1Â Â Â Â Â Â Â Â Â Consult
with employees of the labour hire business and/or contract business regarding
the workplace occupational health and safety consultative arrangements;
34.6.2.2Â Â Â Â Â Â Â Â Â Provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
34.6.2.3Â Â Â Â Â Â Â Â Â Provide
employees of the labour hire business and/ with appropriate personal protective
equipment and/or clothing and all safe work method statements that they would
otherwise supply to their own employees; and
34.6.2.4Â Â Â Â Â Â Â Â Â Ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
34.6.3Â Â Â Â Â Â Â Â Â Â Â Â Nothing
is intended to affect or detract from any obligation or responsibility upon a
labour hire business arising under the Work
Health and Safety Act 2011 or the Workplace
Injury Management and Workers Compensation Act 1998.
34.6.4 Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this Award.
34.6.5 This clause has no application in respect of
organisations which are properly registered as Group Training Organisations
under the Apprenticeship and Traineeship
Act 2001 (or equivalent interstate legislation) and are deemed by the
relevant State Training Authority to comply with the national standards for
Group Training Organisations established by the ANTA Ministerial Council.
35. Health and Wellbeing
35.1Â Â Â The parties to the Award recognise that
health and wellbeing programs can lead to positive outcomes such as improved
employee work performance and productivity, improved employee recruitment and
retention, reduced absenteeism, and other benefits.
35.2Â Â Â Council commits to fund the action items as
set out in the Health and Wellbeing Strategy. The strategy shall remain up to
date and be reviewed in consultation with employees and unions. The Strategy
shall continue to include Council’s ongoing commitment to employee’s health and
wellbeing.
36. Termination of
Employment
36.1Â Â Â An employee in
Operational Band 1 or the Administrative/Technical Trades Band shall give to
council 2 weeks’ notice of their intention to terminate their employment.
36.2Â Â Â The notice of
intention to terminate for an employee in Professional/Specialist Band 3 or
Executive Band 4 of the Award shall be the same as that required of an employer
in subclause (36.5) of this clause.
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.
36.3Â Â Â Council and an
employee may agree to a shorter period of notice for the purpose of this
subclause.
36.4Â Â Â In cases of serious
misconduct, Council may summarily dismiss an employee following a proper
investigation and provided the employee is afforded procedural fairness. Where
an employee is summarily dismissed, subclause (36.5) shall not apply.
36.5Â Â Â Council shall
give to an employee a period of notice of termination in accordance with the
following scale or by payment in lieu thereof:
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
|
36.6Â Â Â The provision of
this clause shall be read subject to the provisions of Clause 37, Workplace
Change and Redundancy, of this Award.
37.Â
Workplace Change and Redundancy
37.1Â Â Â Council's Duty to Notify
37.1.1 Where Council (the
General Manager) has made a decision to introduce major changes in production,
program, organisation structure or technology that are likely to have
significant effects on employees, Council shall notify the employees who may be
affected by the proposed changes and the unions to which they belong.
37.1.2 "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 this Award makes provision for the
alteration of any of the matters referred to herein an alteration shall be
deemed not to have significant effect.
37.2Â Â Â Council's Duty to Discuss Change
37.2.1 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 paragraphs 37.1.1 and 37.1.2 of
this subclause, what affects the changes are likely to have on the employee(s)
and measures to avert or 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 and may reconsider its original
decision.
37.2.2 The discussion
shall commence as early as practicable after a definite decision has been made
by Council to make the changes referred to in paragraph 37.1.1 and 37.1.2 of
this subclause.
37.2.3 For the purposes
of the discussion, 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 on the employee(s) and any other matters likely to affect the
employee(s).
37.3Â Â Â Discussion Before Termination
37.3.1 Where Council has
made a definite decision that it no longer wishes the job the employee has been
doing done by anyone pursuant to paragraph 37.1.1 and 37.1.2 of this subclause
and that decision may lead to the termination of employment, the council shall
hold discussions with the employee directly effected
and with the union to which they belong.
37.3.2 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 37.3.1 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.
Measures to mitigate the adverse effect on employees may include consideration
of re-training opportunities, redeployment, recruitment advice, the payment of
relocation allowances, provision of additional notice, access to an employee
assistance program, financial advice and such other assistance as may be
reasonably available.
37.3.3Â Â Â Â Â Â Â Â Â Â Â Â 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 the
proposed terminations, the number and category of employee(s) likely to be
effected 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.
37.4Â Â Â Notice
to Centrelink
Where a decision has been made to terminate employees,
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.
37.5Â Â Â Notice of Termination
37.5.1Â Â Â Â Â Â Â Â Â Â Â Â Five
weeks’ notice to terminate or pay in lieu thereof shall be given.
37.5.2Â Â Â Â Â Â Â Â Â Â Â Â Where
an employee is to be terminated because of the introduction of technology the
employee shall be entitled to the following:
37.5.2.1Â Â Â Â Â Â Â Â Â Three
(3) months’ notice of termination or
37.5.2.2Â Â Â Â Â Â Â Â Â Payment
in lieu of the notice in subclause 1 above. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
37.5.2.3Â Â Â Â Â Â Â Â Â Notice
or payment of notice under this Clause shall be deemed to be service with the
council for the purposes of calculating leave entitlements under this Award.
37.6Â Â Â Redundancy
37.6.1Â Â Â Â Â Â Â Â Â Â Â Â 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 of comparable skill and
accountability levels and remuneration no less than the position previously
held by the employee.
37.6.2Â Â Â Â Â Â Â Â Â Â Â Â In
addition to any required period of notice, and subject to subclause 37.5 of
this Clause, the employee shall be entitled to severance pay as follows:
In the event of an employee’s service being terminated
due to redundancy, Severance Pay shall be calculated on the basis of the
following:
Completed Years Service with Council
|
Entitlement
|
Less than one year
|
Nil
|
One year and less than two years
|
Five weeks pay
|
Two years and less than three years
|
Nine weeks pay
|
Three years and less than four years
|
Thirteen weeks pay
|
Four years and less than five years
|
Sixteen weeks pay
|
Five years and less than six years
|
Nineteen weeks pay
|
Six years and less than seven years
|
Twenty two weeks pay
|
Seven years and less than eight years
|
Twenty five weeks pay
|
Eight years and less than nine years
|
Twenty eight weeks pay
|
Nine years and less than ten years
|
Thirty one weeks pay
|
Ten years and less than eighteen years
|
Thirty four weeks pay
|
Eighteen years and thereafter
|
Two weeks
pay per year of service, no maximum
|
38. Council Agreements
38.1Â Â Â 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.
38.2Â Â Â The terms of any
agreement reached between the parties shall substitute for the provisions of
the Award provided that:
38.2.1 The extent of the agreement
shall be limited to the Award's Clause 12, Payment of Employees; Clause 15
subclause 15.9, Travelling Clause 18, Hours of Work; Clause 19, Overtime,
Clause 20, Holidays; Clause 25, Part time Employment; and Clause 27, Job Share
Employment.
38.2.2 The agreement does
not provide less than the entry level rates of pay;
38.2.3 The agreement is
consistent with the Industrial Relations
Act 1996 (NSW) and current wage fixing principles; and
38.2.4 The agreement
shall be processed in accordance with subclause 38.3 of this clause. Provided
further that, where the agreement proposes to vary award provisions other than
those nominated in subclause 38.2.1 above, the agreement shall be processed in
accordance with the Enterprise Arrangement Principle.
38.3Â Â Â A Council
Agreement shall be processed as follows:
38.3.1 The unions shall
be notified prior to the commencement of negotiations;
38.3.2 The agreement has
been genuinely arrived at by negotiation without compulsion;
38.3.3 The agreement
shall be committed to writing and shall include a date of operation and a date
of expiration;
38.3.4 The council and
the appropriate union(s) shall sign the agreement and a copy sent to the
Association;
38.3.5 Any party to a
Council Agreement may at any stage during the above process refer the matter to
the Industrial Relations Commission of NSW.
39. Savings and
Transitional
39.1Â Â Â No net detriment
or reduction in ordinary rate of pay
No employee shall suffer a net detriment as a result of
implementation of this Award nor shall an employee suffer a reduction in their
ordinary rate of pay as a result of any transfer to Council’s salary system.
Salary system implementation
39.1.1 In the instance
where the parties to the Award agree that a new Salary Structure or Salary
Progression process is required, if the new structure and progressional
guidelines have not been implemented and an annual assessment of an employee
has not been undertaken by Council, then an employee will be able to progress
to the next salary step automatically if the employee has available steps in
their range within the old structure. Once an evaluation is complete and if
identified that an employee does not meet the progressional
criteria then the appropriate training may be undertaken to meet that skill
level. Council will backdate increases that are determined from the
implementation of the Salary Structure to either the appropriate date
identified for the utilisation of the Skills, or to the commencement of this
Award, whichever is appropriate.
39.1.2 The parties to the
Award shall be involved in all aspects of the process of developing and
implementing the Progressional Guidelines for the
Skill Structure. Further variations to
the Progression Guidelines will only be effected after consultation with the
parties to the Award.
40. Employee
Loyalty/Attendance Bonus
40.1Â Â Â Qualification
40.1.1 An employee must
have a Sick Leave balance equal to or greater than the following on the day
immediately prior to their anniversary date:
40.1.1.1Â Â Â Â Â Â Â Â Â 38 hour
employee - 570 hours
40.1.1.2Â Â Â Â Â Â Â Â Â 35 hour
employee - 525 hours
40.1.2 An employee, upon
reaching the required minimum balance set out in subparagraph 40.1.1.1 or
40.1.1.2 may request to be paid an amount of money that is the equivalent to
50% of their annual Sick Leave entitlement for that year, always ensuring their
total bank does not reduce below the required minimum.
40.2Â Â Â Procedure
40.2.1 A written
application is required for all claims to be provided within 30 days after the
employee’s anniversary date.
40.2.2 If an application
is not made within 30 days after their anniversary date the leave entitlement
will be credited to the employees balance and no payment request can be made
for that year other than by written application to the General Manager.
The payment, when requested within the required time,
will be made as a one off payment.
PART B
Annexure - TABLE
1 - PAY RATES & ALLOWANCES PER WEEK
Part 1- Pay Rates
|
Rate per Week ($)
from 1st pay after
|
Band
|
Level
|
Salary
|
1-Jul-20
|
1-Jul-21
|
1-Jul-22
|
|
|
|
|
S40
|
3,364.53
|
3,465.46
|
3,569.43
|
|
|
|
|
S39
|
3,250.74
|
3,348.26
|
3,448.71
|
|
|
|
|
S38
|
3,140.81
|
3,235.03
|
3,332.09
|
|
|
|
|
S37
|
3,034.60
|
3,125.63
|
3,219.40
|
|
|
|
|
S36
|
2,931.99
|
3,019.95
|
3,110.55
|
|
|
|
|
S35
|
2,832.84
|
2,917.83
|
3,005.36
|
|
|
|
|
S34
|
2,737.04
|
2,819.15
|
2,903.73
|
|
|
|
|
S33
|
2,644.48
|
2,723.82
|
2,805.53
|
|
|
|
|
S32
|
2,555.18
|
2,631.84
|
2,710.79
|
|
|
|
|
S31
|
2,468.66
|
2,542.72
|
2,619.00
|
|
|
|
|
S30
|
2,385.19
|
2,456.75
|
2,530.45
|
|
|
|
|
S29
|
2,304.88
|
2,374.03
|
2,445.25
|
|
|
|
|
S28
|
2,226.55
|
2,293.35
|
2,362.15
|
3
|
4
|
|
|
S27
|
2,151.56
|
2,216.10
|
2,282.59
|
|
|
|
|
S26
|
2,087.75
|
2,150.38
|
2,214.89
|
4
|
|
1
|
|
S25
|
2,025.69
|
2,086.46
|
2,149.06
|
|
|
|
|
S24
|
1,959.30
|
2,018.08
|
2,078.62
|
|
|
|
|
S23
|
1,895.89
|
1,952.77
|
2,011.35
|
|
|
|
|
S22
|
1,834.12
|
1,889.14
|
1,945.82
|
3
|
|
|
3
|
S21
|
1,774.73
|
1,827.97
|
1,882.81
|
|
|
|
|
S20
|
1,709.42
|
1,760.70
|
1,813.52
|
|
|
|
|
S19
|
1,645.48
|
1,694.84
|
1,745.69
|
|
|
|
|
S18
|
1,583.57
|
1,631.08
|
1,680.01
|
2 & 3
|
3 & 2
|
|
|
S17
|
1,524.04
|
1,569.76
|
1,616.85
|
|
|
|
|
S16
|
1,469.91
|
1,514.01
|
1,559.43
|
|
|
|
|
S15
|
1,417.96
|
1,460.50
|
1,504.31
|
|
|
|
|
S14
|
1,368.13
|
1,409.17
|
1,451.45
|
|
|
|
|
S13
|
1,319.92
|
1,359.52
|
1,400.31
|
2 & 3
|
|
2 & 1
|
|
S12
|
1,273.29
|
1,311.48
|
1,350.83
|
|
|
|
|
S11
|
1,231.15
|
1,268.08
|
1,306.13
|
|
|
|
|
S10
|
1,189.30
|
1,224.98
|
1,261.73
|
|
|
|
|
S9
|
1,160.94
|
1,195.77
|
1,231.65
|
1
|
4
|
|
|
S8
|
1,133.73
|
1,167.74
|
1,202.78
|
2
|
|
|
1
|
S7
|
1,121.66
|
1,155.31
|
1,189.97
|
|
|
|
|
S6
|
1,089.48
|
1,122.17
|
1,155.83
|
|
|
|
|
S5
|
1053.82
|
1085.44
|
1118.00
|
1
|
|
3
|
|
S4
|
1018.98
|
1049.55
|
1081.03
|
|
|
|
|
S3
|
991.04
|
1020.77
|
1051.39
|
|
|
|
|
S2
|
962.40
|
991.27
|
1021.01
|
1
|
2
|
|
|
S1
|
934.74
|
962.78
|
991.66
|
T10
|
T10
|
1161.95
|
1196.81
|
1232.72
|
T9
|
T9
|
1121.66
|
1155.31
|
1189.97
|
T8
|
T8
|
1074.00
|
1106.22
|
1139.41
|
T7
|
T7
|
1026.28
|
1057.07
|
1088.78
|
T6
|
T6
|
980.32
|
1009.73
|
1040.02
|
T5
|
T5
|
911.26
|
938.60
|
966.76
|
T4 -18 years of age
or over or HSC
|
T4
|
795.77
|
819.64
|
844.23
|
T3 - 17 years of
age
|
T3
|
680.48
|
700.89
|
721.92
|
T2 - 16 years of
age
|
T2
|
578.43
|
595.78
|
613.65
|
T1- 15 years of age
|
T1
|
463.35
|
477.25
|
491.56
|
part 2
ALLOWANCES
Arranged & Emergent Work Treatment Plants
|
$288.80
|
$297.47
|
$306.39
|
On Call - per week
|
$492.84
|
$507.63
|
$522.86
|
Duty Officer - per week
|
$788.44
|
$812.10
|
$836.46
|
Duty Officer - "Second Call" - per week
|
$61.61
|
$63.46
|
$65.37
|
Meal Allowance - per meal
|
$27.26
|
$28.08
|
$28.92
|
Disability Allowance (cl 15.5.1.1) - per hour
|
$0.44
|
$0.46
|
$0.47
|
Disability Allowance (cl 15.5.1.2) - per hour
|
$0.76
|
$0.79
|
$0.81
|
Living Away From Home Allowance - Operational Works
|
$50.00
|
$50.00
|
$50.00
|
Living Away From Home Allowance - Compulsory Training
|
$30.00
|
$30.00
|
$30.00
|
First Aid Allowance - per week
|
$14.40
|
$14.40
|
$14.40
|
Tool Allowance - per week
|
$28.95
|
$28.95
|
$28.95
|
Clause 15.8 Vehicle Allowance
|
|
|
|
Under 2.5 litres
|
0.70p.km
|
0.70p.km
|
0.70p.km
|
2.5 litres and over
|
0.80p.km
|
0.80p.km
|
0.80p.km
|
Part 3 Superannuation
|
Total Employer Superannuation Contribution
|
15%
|
15%
|
15%
|
J.V. MURPHY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.