Roads and Maritime Services (Traffic Signals Staff)
Award 2019
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Secretary, Department of Transport.
(Case No. 238211 of 2021)
|
Before Commissioner Sloan
|
1 September 2021
|
VARIATION
1. Delete
subclause 4.1 of clause 4, Purpose of this Award, of the award published 20
March 2020 (387 I.G. 271) and insert in lieu thereof the following:
4.1 The main purpose
of this Award is to ensure that the Transport Service, the staff in the RMS
Group and the ETU are committed to continually improving all areas of the
Transport Service to achieve lasting customer satisfaction and increased
productivity.
2. Delete
subclauses 5.3 and 5.4 of clause 5, Area, Incidence and Duration, and insert in
lieu thereof the following:
5.3 This Award:
(a) Rescinds and
replaces the Roads and Maritime Services
(Traffic Signals Staff) Award 2017 published 9 February 2018 (382 I.G. 491).
(b) Comes into effect on 1 July 2019 and will
remain in force until 30 June 2022.
5.4 Salary and
allowance adjustments provided for in this Award are as follows:
(a) salaries will
increase by 2.5% from the first pay period commencing on or after 1 July 2019;
(b) salaries will
increase by 2.5% from the first pay period commencing on or after 1 July 2020;
(c) salaries will
increase by 2.04% from the first pay period commencing on or after 1 July 2021;
(d) allowance items
in part B table 2 will be increased in accordance with variations made via
Treasury Circulars and Schedule B amended as required.
3. Delete
subclause 6.1 of clause 6, No Extra Claims, and insert in lieu thereof the
following:
6.1 Other than as
provided for in the Industrial Relations
Act 1996 and the Industrial Relations (Public Sector Conditions of
Employment) Regulation 2014, there shall be no further claims/demands or
proceedings instituted before the NSW Industrial Relations Commission for extra
or reduced wages, salaries, rates of pay, allowances or conditions of
employment with respect to the employees covered by the Award that take effect
prior to 30 June 2022 by a party to this Award.
4. Delete
subclause 9.4 of clause 9, Consultation, and insert in lieu thereof the
following:
9.4 The parties to
this award will be able to nominate representatives to attend all advisory
groups created by the Roads and Maritime Service (Wages Staff) Award 2019 (as
varied from time to time).
5. Delete
subclause 12.1 of clause 12, Working Hours, and insert in lieu thereof the
following
12.1 A normal working week
for workers other than continuous shift workers will consist of 38 hours worked
as follows:
(a) a 20 day, 4 week cycle
(b) Monday to Friday
inclusive
(c) 19 working days
of 8 hours each; or
(d) a 10 day,
2 week cycle
(e) 9 working days of 8 hours 27
minutes each
(f) working hours
each day between 6.00am and 5.30pm.
6. Insert after subclause 12.3 of clause
12, Working Hours, the following new subclause and renumber existing subclauses
accordingly:
12.4 For each day worked when working 9 working
days of 8 hours and 27 minutes 0.89 hours per day accrues as an entitlement to
take two days off per four weeks as a Paid Accrued Day Off (ADO) which must be
taken to accommodate operational requirements
7. Delete
subclause 12.15 of clause 12, Working Hours, and insert in lieu thereof the
following:
12.15 The conditions in
12.2 - 12.12 above also apply to continuous shift workers.
8. Delete
subparagraph 14.2(d)(i) of clause 14, Overtime, and
insert in lieu thereof the following:
(i) is
called out on two or more occasions, and each recall is less than three hours
duration, and the timing of the callouts means that the staff member does not
have a sufficient amount of sleep meaning that he or
she will not be in a fit state to attend work, the staff member should discuss
with their supervisor to delay their commencement of duty to ensure that the
staff member has sufficient rest. Prior to commencement of ordinary hours following the overtime worked,
managers must refer to the Fatigue Management Policy
9. Delete
paragraph (c) of subclause 37.2 of clause 37, Local Arrangements, and insert in
lieu thereof the following:
(c) be contained in
a formal document including, but not limited to, an agreement made under
section 68K (2) of the Transport
Administration Act 1988 (NSW).
10. Delete Part B,
Monetary Rates, and insert in lieu thereof the following
Part B
MONETARY
RATES
Table 1 - Salary Increases
|
Classification
|
Rates inclusive of
2.5%
ffppoa
1/7/2019
($)pa
|
Rates inclusive of
2.5%
ffppoa
1/7/2020
($)pa
|
Rates inclusive of
2.04%
ffppoa
1/7/2020
($)pa
|
|
Grade 4
|
Year 1
|
70,435
|
72,196
|
73,669
|
|
|
Year 2
|
73,198
|
75,028
|
76,559
|
|
|
Year 3
|
76,074
|
77,976
|
79,567
|
|
Grade 5
|
Year 1
|
78,692
|
80,659
|
82,304
|
|
|
Year 2
|
81,230
|
83,261
|
84,960
|
|
|
Year 3
|
82,698
|
84,765
|
86,494
|
|
Grade 6
|
Year 1
|
84,513
|
86,626
|
88,393
|
|
|
Year 2
|
87,076
|
89,253
|
91,074
|
|
|
Year 3
|
89,929
|
92,177
|
94,057
|
|
Grade 7
|
Year 1
|
92,093
|
94,395
|
96,231
|
|
|
Year 2
|
95,343
|
97,727
|
99,721
|
|
|
Year 3
|
97,195
|
99,625
|
101,657
|
|
Grade 8
|
Year 1
|
100,955
|
103,479
|
105,590
|
|
|
Year 2
|
105,049
|
107,675
|
109,872
|
|
|
Year 3
|
108,332
|
111,040
|
113,305
|
Table 2 - Allowances and Expenses
|
Clause
|
Description
|
From the first full
pay period on or after
1 July 2019 Amount
$
|
From the first full
pay period on or after
1 July 2020 Amount
$
|
From
the first full pay period on or after
1
July 2021 Amount
$
|
|
21.1(a) & (c)
|
Meal
on journeys that do not require Overnight accommodation Meal allowance
|
|
|
|
|
|
34.52
|
35.25
|
*
|
|
|
|
|
|
|
21.2(a)
|
Meals on overtime
|
|
|
|
|
|
Meal allowance
|
31.25
|
31.95
|
*
|
|
21.5(a)(ii)
|
Lodging and travelling
allowances
|
|
|
|
|
|
Breakfast
|
25.20
|
25.75
|
*
|
|
|
Lunch
|
28.79
|
29.35
|
*
|
|
|
Evening meal
|
49.60
|
50.65
|
*
|
|
|
Incidentals
|
20.05
|
20.40
|
*
|
11. Delete Appendix
C - Grievance Management Procedure, and insert in lieu thereof the following:
Appendix C - Grievance Management Procedure
Procedure
Number: CPr20045.1
Effective Date: 31 March 2021
Review Date: 31 March
2023
1
Who
is this document for?
|
All TfNSW Group Award employees
|
YES
|
|
All
RMS Group award employees
|
YES
|
|
Transport
Service Senior Managers and Executives
|
YES
|
|
TfNSW
Labour Hire, Consultants and Professional Service Contractors
|
Refer to 3.5.6 only
|
|
All
Sydney Metro Group Award employees
|
YES
|
|
TfNSW
Labour Hire, Consultants and Professional Service Contractors
|
Refer to 3.5.6 only
|
TfNSW and Sydney Metro is committed to being a
safe, harmonious and productive workplace where
employees can raise and discuss work-related concerns and grievances.
The Transport Grievance Management
Policy sets out the
responsibilities of the agency, managers and employees to manage grievances
quickly and effectively.
This Procedure
explains the process TfNSW
and Sydney Metro managers and employees can use to manage work-related
concerns.
3.1
Identify
a work-related concern
You may identify a work-related concern about:
·
a general work-related matter, or
·
the application of a policy or procedure.
All concerns you raise are managed confidentially (see 3.5.2).
Your work-related concern might be about:
· a
manager’s decision, including for example, how they’ve allocated work
· a
disagreement with another employee or manager about the way in which work is to
be carried out or how a policy or procedure is interpreted
· an
interpersonal disagreement between employees, or
· work-related
concerns managed by other procedures (see 3.1.2).
3.1.1
Addressing
a work-related concern
A work-related concern can often be resolved quickly and
informally.
3.1.1.1
General work-related concern
If you have a work-related concern and you feel capable and
safe to do so, you should discuss the matter with the other person or people
involved.
The best way to do this is to:
· find
a time and place where you can talk about the matter without being interrupted
· politely
and professionally explain the issue and your concerns
· explain
how the issue is affecting you or impacting on your work, and
· ask
everyone involved if you can work together to find a
solution.
3.1.1.2
Concern about application of policy or procedure
You can raise concerns about the application of a policy or
procedure, including performance development outcomes, with the decision maker
(who may also be your manager).
To do this:
· explain
your concern to the decision maker
· identify
what section of the policy or procedure you believe wasn’t applied or was
applied incorrectly, and
· ask
the decision maker to explain how their decision meets the policy or procedure
requirements.
Even when your concern is raised informally, the decision
maker has an obligation to provide an explanation.
If you’re not satisfied with the outcome or the explanation
you receive, you can consider lodging a grievance (see 3.2).
A grievance will not proceed if your work-related concern
relates to reasonable action by your manager to direct and control how work is
done or allocated or to give you feedback about your work performance. Examples
of reasonable action include:
Other procedures and processes can be used for other particular work-related concerns.
If informal resolution isn’t possible or wasn’t successful,
you can lodge a formal grievance verbally or in writing with your manager, or a
more senior manager if your manager is the subject of the grievance.
When you provide information to a manager receiving or
managing a grievance, they may contact Professional Standards if they believe
misconduct may have occurred. Any identified misconduct is managed under the Conduct and Discipline
Handling Procedure.
Include the following information when you lodge a grievance
to help the process:
·
a clear
statement that you are lodging a formal grievance
·
details of
what the grievance is about, what happened and who else is involved
·
your
preferred outcome for a solution.
The manager addressing the grievance can talk to
Professional Standards or their People Partner for help and advice.
See 3.5.2 for information on
confidentiality.
Everyone involved in a grievance is encouraged to access the
Employee Assistance Program at any time for professional and confidential
counselling services. Managers can also contact the Managers Assistance Program
for advice on strategies to manage difficult issues.
You can access
these programs either online (at https://benestar.com
using Organisation ID: TfNSW and Organisation Token:
TFNSW01) or by phone on 1300 360 364.
3.3
Discuss
the grievance
Any meetings to discuss a grievance must be held privately
and, where possible, away from the immediate work area.
Managers and employees can have a support person (see 5) at meetings.
Once you lodge a grievance, the manager will meet with you
within 24 hours or as soon as practical.
This meeting is used to discuss the details of the matter so
that you and the manager have a clear understanding of the issues and the
preferred outcome.
If after the discussion, the manager decides the grievance
should be dealt with under this procedure, they’ll confirm with you that they
will meet and discuss necessary details of the grievance with:
· the
‘respondent’ (if any), that is the person who is the subject of the grievance,
for example in an interpersonal disagreement, and
· any
witnesses.
At any time during the process and after discussing the
grievance with Professional Standards, the manager can decide:
· the
issue should be dealt with under a different procedure and process (see 3.1.2), or
· the
grievance is vexatious or trivial (see 3.5.5).
In both cases the manager completes a Manager
Grievance Report and emails it to Professional Standards at professionalstandards@rms.nsw.gov.au
as well as taking other necessary action. Professional Standards liaises with
the responsible People Partner in the business area on receipt of the report.
3.3.2
Meet
the respondent (if any)
If the grievance is about another employee, they are the
respondent to the grievance.
The manager meets with the respondent as soon as practical
to provide information on the details of the grievance, the issues involved and
the name of the person who lodged the grievance, so the respondent can respond
fully to the manager and provide any relevant information.
The manager confirms with the respondent that the manager
will discuss details of the grievance as part of meetings with any witnesses.
3.3.3
Meet
with witnesses (if any)
As soon as practical, the manager meets and discusses the
grievance with any witnesses that may help to confirm information or provide
more details about the grievance.
The manager only provides necessary information about the
grievance to witnesses for them to provide responses.
Once the manager has gathered all the necessary information they set up a meeting with those people directly
involved with the grievance.
While a joint meeting is preferred because the strongest
solutions are generated collaboratively, the manager may decide to hold
separate meetings.
Outcomes can include:
· a
solution is agreed, which may include:
· a
commitment that the concern that caused the grievance will not be repeated
· giving
or receiving an apology
· adjusting
work arrangements or implementing other strategies to address systemic issues
· coaching,
mediation and/ or training for those people directly involved with a grievance
· confirming
or amending an original management decision, and/ or
· taking
other suitable action
· the
circumstances that led to the grievance have improved and no further action is
needed, or
· some
issues remain or the problem can’t be solved but everyone agrees to continue to
work in a professional manner and move past it.
If a solution can’t be found, the manager can ask a more
senior manager to help or access additional support from Professional Standards
or their People Partner.
Otherwise the manager confirms the
outcome with the people directly involved in the grievance and ends the
grievance management process.
Regardless of the outcome, the manager completes a Manager
Grievance Report and emails it to Professional Standards at professionalstandards@rms.nsw.gov.au.
Professional Standards liaises with the responsible People Partner in the
business area on receipt of the report.
3.5
Other
information you should know
3.5.1
Appeals
The person who lodges the grievance
or the respondent can email or send an appeal to Director People and Culture
Business Partnering in TfNSW or Director People and
Culture in Sydney Metro no later than 21 days after an outcome has been
confirmed by the manager if they believe that all or part of the process did
not comply with this procedure.
Managers are to treat work-related
concerns raised with them by employees confidentially.
Everyone involved in a grievance
management process must maintain confidentiality and only discuss the matter
with the manager, other employees involved in the management of the issue,
support persons, Employee Assistance Program personnel, or immediate family
members. Any breach of confidentiality may result in disciplinary action.
3.5.3
Documentation
The person managing the grievance process must take brief
and factual diary or file notes of all agreed actions and timelines and must
keep all relevant documentation securely for seven years.
In addition the manager must
complete a Manager Grievance Report and forward it by email to Professional
Standards at professionalstandards@rms.nsw.gov.au (see 3.3.1 and 3.4).
3.5.4
Victimisation
Victimisation is any unfavourable treatment of a person
because they raised a work-related concern or lodged a grievance, or they were
a respondent to or involved in a grievance.
Any employee who victimises or
retaliates against any person involved in a grievance may be subject to
disciplinary proceedings.
An employee who lodges a grievance that they know is false,
or is considered trivial, or who continues to raise complaints that have been
investigated and finalised, may be subject to disciplinary processes up to and
including termination.
Labour hire workers or
professional service contractors must raise any work-related concern with their
employer, who may contact Transport for NSW about the matter. Any reports will
be taken seriously and managed in accordance with the commercial agreement with
the service provider and the responsibilities of Transport for NSW.
1. Transport
Grievance Management Policy
|
|
|
|
Grievance
|
A formal verbal
or written request by an employee for a work-related concern to be addressed.
|
|
Respondent
|
The employee who is the subject of a grievance.
|
|
Support Person
|
An individual (including a Union
representative) who can provide advice, guidance and
support.
The support person cannot act as an
advocate, or argue for the employee, but they may give advice to the
employee. They may also request a break if needed.
The support person must not present a
conflict of interest with the matter.
|
6
Tools
6.1
Process
flowchart – key steps
7
Document
control
7.1
Superseded
documents
This Procedure replaces the following documents:
·
TfNSW Grievance Management Procedure CPr16001.3
·
RMS Grievance Management
Procedure PN 247P07
7.2
Document
history
|
Date & Procedure No
|
Document
owner
|
Approved by
|
Amendment
notes
|
|
11 September 2020
CPr20045
|
Director, Industrial & Workforce
Relations
|
Director, Industrial & Workforce
Relations
|
New Procedure
|
|
31 March 2021
CPr20045.1
|
Director, Industrial and Workforce
Relations
|
Chief People Officer
|
Update to confirm coverage to Sydney
Metro
|
7.3
Feedback
and help
12. This variation
will operate from 1 July 2021.
D. SLOAN, Commissioner
____________________
Printed by the
authority of the Industrial Registrar.