Service NSW (Salaries and Conditions) Employees
Award 2022
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Industrial Relations Secretary.
(Case No. 196869 of 2022)
Before Chief Commissioner Constant
Commissioner Sloan
Commissioner Webster
|
22 August 2022
|
AWARD
Clause No.       Subject
Matter
SECTION 1 -
APPLICATION AND OPERATION
1.       Title
2.       Definitions
3.       Parties to the Award
4.       Area, Incidence and Duration
5.       Reward & Recognition Management
6.       Consultative Mechanism
SECTION 2 -
EMPLOYMENT CONDITIONS AND ARRANGMENTS
7.       Service NSW - Classifications and
Salaries
8.       Forms of Employment
9.       Service NSW Probation Period
10.     Termination of Employment
11.     Spread of Operating Hours
12.     Extended
Operating Hours
13.     Additional
Leave for Employees Working Extended Operating Hours
14.     Meal Break
15.     Change of Operating Hours within the
Spread of Hours
16.     Ordinary Hours of Work
17.     Rosters
18.     Loadings for Certain Ordinary Hours
19.     Overtime
20.     On-Call (Stand-By) and On-Call Allowance
21.     Public Holidays
22.     Flexible
Work Practices
SECTION 3 -
TRAVEL ARRANGEMENTS
23.     Travelling Compensation
SECTION 4 - ALLOWANCES
AND OTHER MATTERS
24.     Community Language Allowance Scheme
"CLAS"
25.     First Aid Allowance
26.     Allowance for Living in a Remote Area
27.     Allowances and Compensation for
Transferred Employees
28.     Association Delegates, Access
and Activities
SECTION 5 - LEAVE
29.     Leave Provisions
30.     Notification of Absence from Duty
31.     Special Leave
32.     Recreation Leave
33.     Family and Community Service (FACS) Leave
34.     Leave Without Pay
35.     Military Leave
36.     Parental
Leave
37.     Carer's
Leave
38.     Extended
Leave
39.     Sick
Leave
40.     Leave
for Matters Arising from Domestic Violence
41.     Purchased
Leave
42.     Observance
of Essential Religious or Cultural Obligations
43.     Lactation Breaks
SECTION 6 -
TRAINING AND PROFESSIONAL
DEVELOPMENT
44.     Study Assistance
SECTION 7 -
MISCELLANEOUS
45.     Grievance and Dispute Settling
Procedures
46.     Anti-Discrimination
47.     Secure Employment
48.     No Extra Claims
SCHEDULE A -
Service NSW Salaries
SCHEDULE B -
Service NSW Rates and Allowances
SECTION 1 - APPLICATION
AND OPERATION
1. Title
1.1Â Â Â Â Â This award shall be known as the Service
NSW (Salaries and Conditions) Employees Award 2022.
2. Definitions
2.1Â Â Â Â Â "Association" means the Public
Service Association and Professional Officers’ Association Amalgamated Union of
New South Wales (PSA).
2.2Â Â Â Â Â Award means the Service NSW (Salaries and
Conditions) Employees Award 2022.
2.3Â Â Â Â Â Daily rate or rate per day means the rate payable
for 24 hours, unless otherwise specified.
2.4Â Â Â Â Â Division Head means the Chief Executive
Officer of Service NSW and includes the delegate of the Chief Executive Officer
as appropriate.
2.5Â Â Â Â Â "Employee" shall mean a person
employed by Service NSW.
2.6Â Â Â Â Â "Employer" shall mean Service
NSW under delegation by the Industrial Relations Secretary pursuant to s.50 of
the Government Sector Employment Act 2013.
2.7Â Â Â Â Â Extended leave means extended (long
service) leave to which an employee is entitled under the provisions of
Schedule 1 to the Government Sector Employment Regulation 2014, as amended from
time to time.
2.8Â Â Â Â Â Headquarters means the centre(s) to which
an employee is attached, or from which an employee is required to operate on a
long-term basis.
2.9Â Â Â Â Â Overtime means all time worked, whether
before or after the ordinary daily hours of duty, at the direction of the
Division Head, which, due to its character or special circumstances, cannot be
performed during the employees ordinary hours of duty.
2.10Â Â Â "Parties" shall mean Service NSW
and the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales (PSA).
2.11Â Â Â Part-time entitlement, unless specified
otherwise in this award, means pro rata of the full-time entitlements
calculated according to the number of hours a staff member works in a part-time
role or under a part-time arrangement.
2.12Â Â Â Public holiday means a day proclaimed under
Part 2 of the Public Holidays Act 2010, as a public holiday.
2.13Â Â Â Service NSW, means the Public Service
executive agency known as Service NSW, related to Department of Finance,
Services and Innovation, or subsequent Department, established under Schedule 1
Part 2 of the Government Sector Employment Act 2013 (NSW).
2.14Â Â Â Public Service senior executive (PSSE) means
the Chief and Public Service senior executives, employed pursuant to Division 4
of Part 4 of the Government Sector Employment Act 2013.
2.15Â Â Â Temporary work location means the place at
or from which an employee temporarily performs official duty if required to
work away from headquarters.
3. Parties to the Award
3.1Â Â Â Â Â This Award has been made between Service NSW
and the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales (PSA).
4. Area, Incidence and Duration
4.1Â Â Â Â Â This Award applies to all employees of
Service NSW.
4.2Â Â Â Â Â The changes made to the award pursuant to
the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) and
rescinds and replaces the Service NSW (Salaries and Conditions) Employees Award
2021, published 6 August 2021 (389 I.G. 959)
4.3Â Â Â Â Â This Award will come into effect on and
from 1 July 2022 and will remain in force for 12 months.
5. Reward & Recognition Management
5.1Â Â Â Â Â Service NSW recognises the value to the
organisation of rewarding staff commitment and outstanding performance. Service
NSW will commit to the development of a reward and recognition system during
the term of this Award. This process will be facilitated through the
establishment of a reward and recognition working party and agreed terms of
reference.
5.2Â Â Â Â Â The aims of the Service NSW Reward &
Recognition Management system are (consistent with the NSW Government Wages
Policy):
(a)Â Â Â Â Â Â to establish a climate of continuous
improvement within Service NSW.
(b)Â Â Â Â Â to match individual objectives with
Service NSW objectives and Corporate and Strategic Plans.
(c)Â Â Â Â Â Â to provide a process that ensures open
communication between staff and supervisors about the work they do, how it is
done and how contribution is managed, recognised and
rewarded.
6. Consultative Mechanism
6.1Â Â Â Â Â Service NSW will consult with its
employees and the Association where the implementation of significant change is
being considered. There shall be effective means of consultation on matters of
interest and concern, both formal and informal, at all levels of the
organisation, between the parties to this Award and employees. The consultative
provisions are directed toward the development of a relationship of inclusion, involvement and mutual trust between the parties.
Joint
Consultative Committee (JCC)
6.2Â Â Â Â Â Service NSW, delegates
and Association representatives, will meet at least four (4) times per year,
via a joint consultative committee process. The Joint Consultative Committee
(JCC) will consist of senior Service NSW management representatives,
Association representatives and site delegates, as appropriate. This Committee
will meet to consult on matters which have organisational wide impact or
implications and matters that have been escalated from local consultative
committees.
Local
Consultative Committees
6.3Â Â Â Â Â Local site Consultative Committees will be
established at Service NSW workplaces to discuss local issues. The Committees
will consist of representatives of local management and employees as well as an
Association representative. These Committees will meet to consider local
matters.
6.4Â Â Â Â Â Local site Consultative Committees will
meet where practical and provide updates to and/or refer unresolved matters to
the Service NSW JCC.
General
Consultative Arrangements
6.5Â Â Â Â Â When a change is proposed that will have
an impact on the working arrangements of employees, including the introduction
of technological change, Service NSW will consult with employees and the
Association. Service NSW will provide relevant information about:
(a)Â Â Â Â Â Â The proposed change;
(b)Â Â Â Â Â Effects on the employees;
(c)Â Â Â Â Â Â The rationale for the proposed changes
based on business needs; and
(d)Â Â Â Â Â The proposed time frame and plan for
managing the change.
6.6Â Â Â Â Â Service NSW will meet with the affected
employees and the Association and discuss the effects of the changes on the
employee(s) concerned and measures proposed to avoid or otherwise minimise any
possible adverse impact on affected employees.
6.7Â Â Â Â Â The employees(s) will be given an
opportunity and reasonable time to provide input and discuss the proposed
change with the Association, to consider the change and respond to any proposed
changes.
6.8Â Â Â Â Â Service NSW will genuinely consider all
input provided by employees and the Association and provide timely responses to
matters raised.
When
assessing strategies for managing change, Service NSW may consider a range of
options to mitigate the impact on employees including, attrition, voluntary
redundancy programs, job redesign, redeployment, training
and development, use of leave by agreement and conversion to part-time
employment.
6.9Â Â Â Â Â Where matters cannot be resolved through
the consultative process, any party may utilise the Grievance and Dispute
Settling Procedure at clause 45.
SECTION 2
EMPLOYMENT CONDITIONS AND ARRANGEMENTS
7. Service NSW - Classifications and Salaries
Salary
rates for the following classifications shall be paid in accordance with
Schedule A - Service NSW Salaries.
7.1Â Â Â Â Â Contact Centre
Classification
|
Minimum Starting Salary
|
Maximum Salary
|
|
Grade
|
Increment
|
Grade
|
Increment
|
Customer
Concierge Operator
|
Grade
2
|
Year
1
|
Grade
2
|
Year
3
|
Customer
Service Representative
|
Grade
3
|
Year
1
|
Grade
4
|
Year
3
|
Service
Quality Coach
|
Grade
6
|
Year
1
|
Grade
7
|
Year
3
|
Team
Leader
|
Grade
6
|
Year
1
|
Grade
7
|
Year
3
|
Call
& Resource Planning Analyst
|
Grade
6
|
Year
1
|
Grade
7
|
Year
3
|
Assistant
Manager
|
Grade
8
|
Year
1
|
Grade
9
|
Year
3
|
Contact
Centre Manager
|
|
Small
|
Grade
9
|
Year
1
|
Grade
10
|
Year
3
|
Medium
|
Grade
10
|
Year
1
|
Grade
11
|
Year
3
|
Large
|
Grade
11
|
Year
1
|
Grade
12
|
Year
3
|
7.2Â Â Â Â Â Service Centre
Classification
|
Minimum Starting Salary
|
Maximum Salary
|
|
Grade
|
Increment
|
Grade
|
Increment
|
Digital
Service Representative
|
Grade
2
|
Year
1
|
Grade
3
|
Year
3
|
Customer
Service Representative
|
Grade
3
|
Year
1
|
Grade
4
|
Year
3
|
Concierge
|
Grade
5
|
Year
1
|
Grade
6
|
Year
3
|
Service
Co-ordinator
|
Grade
6
|
Year
1
|
Grade
6
|
Year
3
|
Customer
Service Representative
|
Grade
5
|
Year
1
|
Grade
5
|
Year
1
|
Driver
Tester - Level 1*
|
|
|
|
|
Customer
Service Representative
|
Grade
5
|
Year
2
|
Grade
5
|
Year
2
|
Driver
Tester - Level 2*
|
|
|
|
|
Customer
Service Representative
|
Grade
5
|
Year
3
|
Grade
5
|
Year
3
|
Driver
Tester - Level 3*
|
|
|
|
|
Service
Centre Manager
|
|
|
|
|
Level
1
|
Grade
6
|
Year
1
|
Grade
7
|
Year
3
|
Level
2
|
Grade
7
|
Year
1
|
Grade
8
|
Year
3
|
Level
3
|
Grade
8
|
Year
1
|
Grade
9
|
Year
3
|
Level
4
|
Grade
9
|
Year
1
|
Grade
10
|
Year
3
|
Level
5
|
Grade
11
|
Year
1
|
Grade
11
|
Year
3
|
Customer Service Representative Driver
Testers:
|
*Appointment to Year 1 is based on the successful
completion of Type 1 Driving Instructor Knowledge Test and Type 1 Driving
Instructor Driving Test in a manual vehicle.
|
Progression to Year 2 is subject to the successful
completion of relevant training and assessment program/s and Service NSW
business requirements.
|
Progression to Year 3 is subject to the successful
completion of relevant training and assessment program/s and application of
Heavy Vehicle Knowledge Test and Service NSW business requirements.
|
Progression within the levels for Driver
Tester shall be based on the successful completion of relevant training and
application, subject to Service NSW business requirements, of designated
Driver Tester skills specified in the progression table below.
|
Progression
Criteria for Customer Service Representative Driver Tester classification
Grade
5 Level 1
|
Grade
5 Level 2
|
Grade
5 Level 3
|
Car Class C
|
Car
Aged Class C
|
|
Car Driving Instructor Driving Test
Class C
|
Heavy
Vehicle LR to MR
|
Heavy
Vehicle HR to HC
|
|
Heavy
Vehicle Aged LR to MR
|
Heavy
Vehicle Aged HR to HC
|
|
Heavy
Vehicle Driving Instructor Driving Test LR to MR
|
Heavy
Vehicle Driving Instructor Driving Test HR to HC
|
|
Short
Manual Truck Test (to remove condition B) LR to MR
|
Short
Manual Truck Test (to remove condition B) HR to HC
|
|
Disability
Driving Test Class C to MR
|
Disability
Driving Test HR to HC
|
|
Test
Course Design C to MR
|
Test
Court Design HR to HC
|
|
Motorcycle
|
Heavy
Vehicle Aged HR to HC
|
|
Heavy
Vehicle LR to MR
|
|
Explanation of terms:
|
•
|
MC - Multi Combination - road train or
B-Double
|
•
|
HC - Heavy Combination - heavy
articulated vehicle
|
•
|
HR - Heavy Rigid - heavy rigid truck or
bus
|
•
|
MR - Medium Rigid - medium rigid truck
or bus
|
•
|
LR - Light Rigid - small bus or truck
|
•
|
C - Car
|
|
|
|
|
8. Forms of Employment
8.1Â Â Â Â Â Employees may be engaged as ongoing, temporary or casual, on either a full-time or part-time
basis. Ongoing employment is to be the preferred form of employment for Service
NSW.
8.2Â Â Â Â Â Standard Hours - Full-Time
A
full-time employee is engaged as such, to work seventy (70) hours per
fortnight.
8.3Â Â Â Â Â Standard Hours - Part-Time
A
part-time employee is engaged as such, to work at least eight (8) hours per
fortnight and less than seventy (70) hours per fortnight.
8.4Â Â Â Â Â Temporary Service NSW Employee
A
temporary employee is a person engaged for a limited duration, on a full-time
or part-time basis.
8.5Â Â Â Â Â A person may be employed as a temporary
employee in Service NSW:
(a)Â Â Â Â Â Â for the duration of a specified task or
project, or
(b)Â Â Â Â Â to carry out the duties of a role that is
temporarily vacant, or
(c)Â Â Â Â Â Â to provide additional temporary
assistance in a particular work area, or
(d)Â Â Â Â Â in connection with the secondment or
exchange of staff, or
(e)Â Â Â Â Â Â to undertake a traineeship or cadetship,
or
(f)Â Â Â Â Â Â for any other temporary purpose.
8.6Â Â Â Â Â The maximum period for which a temporary
employee may be engaged is up to four (4) years. The maximum total period of 4
years may, with the approval of the Public Service Commissioner, be extended
for an additional period of up to 12 months to a total of five (5) years.
8.7Â Â Â Â Â The commencing and finishing times for
each day are determined by local management.
8.8Â Â Â Â Â The services of a temporary employee will
be terminated:
(a)Â Â Â Â Â Â at the end of the period of employment;
or
(b)Â Â Â Â Â at any time by local management or the
employee giving two (2) weeks’ notice or pay in lieu thereof.
8.9Â Â Â Â Â The re-engagement of a temporary employee
is subject to approval by the Chief Executive Officer of Service NSW, or their
approved delegate.
Appointment
of long-term temporary employees
8.10Â Â Â A long term temporary employee may, with the
approval of the Division Head, be appointed to an ongoing role in Service NSW,
if the Division Head has made a recommendation in accordance with this clause,
for the appointment of the employee to the role, subject to the following
requirements having been satisfied:
(a)Â Â Â Â Â Â Employment as a Service NSW temporary
employee falls within a continuous employment period of at least 12 months.
(b)Â Â Â Â Â The temporary employee must, at some stage
of the temporary employment period, have been selected to perform duties at a
grade that is the same as (or similar to) the grade of
the role concerned (whether or not the duties of the role are substantially the
same as the duties performed during the temporary employment), and
(c)Â Â Â Â Â Â The temporary employee was performing
duties at that grade following some form of open competition that involved the
merit selection of the employee as the person who, in the opinion of the
Division Head, had the greatest merit among the candidates concerned,
(d)Â Â Â Â Â The rate of salary or wages proposed to be
payable to the holder of the role concerned at the time of appointment must not
exceed the maximum rate payable for Service NSW Grade 11.
(e)Â Â Â Â Â Â The Division Head must be satisfied that
ongoing work is available in respect of the employee and the role in Service
NSW,
(f)Â Â Â Â Â Â The Division Head must be satisfied that
the employee has the qualifications, experience, standard of work performance
and capabilities to enable the employee to perform the duties of the role
concerned,
(g)Â Â Â Â Â Appointment under this clause is not
subject to probation, unless the Division Head
otherwise directs.
8.11Â Â Â Casual Employee
A
casual employee is any employee who works on an hourly basis as required and is
paid as such.
9. Service NSW Probation Period
9.1Â Â Â Â Â All new ongoing employees, other than an
employee who immediately prior to their employment in Service NSW was employed
in the NSW Public Service in an ongoing role, will be subject to a minimum six
(6) month probationary period.
9.2Â Â Â Â Â Service NSW may extend the probationary
period once, by up to three (3) months, to a maximum of nine (9) months.
10. Termination of Employment
10.1Â Â Â Subject to clause 8.8 above, the services of
an employee may be terminated by:
(a)Â Â Â Â Â Â resignation, i.e.
voluntarily leaving the service of Service NSW
(b)Â Â Â Â Â retirement
(c)Â Â Â Â Â Â dismissal, or
(d)Â Â Â Â Â redundancy
10.2Â Â Â Period of notice
(a)Â Â Â Â Â Â With the exception of casual employees,
two (2) weeks’ notice of termination of employment by
an employee or the employer shall be given and paid, or such further period as
agreed by the employee and employer.Â
Service NSW may require the employee to work for all or part of the
notice period, with any remainder of the notice period to be paid out.
(b)Â Â Â Â Â Employees over forty-five (45) years of
age will be provided with an additional one (1) weeks’ notice.
(c)Â Â Â Â Â Â Notwithstanding anything contained in
this clause, Service NSW may dismiss any staff member without notice for
serious and wilful misconduct or neglect of duty. In such cases, salary and
entitlements will only be paid up to the time of dismissal.
(d)Â Â Â Â Â On termination, employees are required to
return all property belonging to Service NSW. Employees may be required to
compensate Service NSW for property which is not returned.
11. Spread of Operating Hours
The standard hours
of work shall be worked within the spread of operating hours as follows:
11.1Â Â Â Service NSW Service Centres
(a)      Monday to Friday    6:30am to 7:30pm
(b)     Saturday       7:30am
to 3:30pm
11.2Â Â Â Service NSW Contact Centres
(a)      Monday to Saturday   6:30am to 7:30pm
11.3Â Â Â Service NSW Corporate Office
(a)      Monday to Friday       6:30am to 7:30pm
11.4Â Â Â In the event that Service NSW employs staff
outside of the prescribed spread of operating hours, both parties agree to
negotiate new provisions in respect of affected employees.
11.5Â Â Â Local arrangements may be negotiated between
the Division Head and the Association, and approved by the Secretary of
Treasury, in respect of the whole of Service NSW, or part of Service NSW in
respect of matters contained within the Award.
12. Extended Operating Hours
12.1Â Â Â During the term of this Award Service NSW
may introduce extended operating hours within Contact Centres.
12.2Â Â Â Extended operating hours where introduced
will be worked on the following basis:
(a)Â Â Â Â Â Â Contact centre employees already employed
as at the date this Award commences to operate may only undertake extended
hours by consent of the employee;
(b)Â Â Â Â Â Contact centre employees commencing
employment after the commencement of this Award, may be rostered to undertake
extended operating hours on a rotational basis.
(c)Â Â Â Â Â Â Extended operating hours will attract the
following shift loading from Monday to Friday:
(i)Â Â Â Â Â Â commencing at or after 2.00pm and no
later than 3.30pm          12.5%
(d)Â Â Â Â Â Extended operating hours will attract the
following shift loadings for work performed on weekends:
(ii)Â Â Â Â Â Saturday shifts, which are not a public holiday,
at the rate of ordinary time and one half;
(iii)Â Â Â Â Sunday shifts, which are not a public
holiday, at the rate of ordinary time and three quarters;
provided that
extended operating hours on weekends will not extend beyond a finishing time of
11.00pm.
(e)Â Â Â Â Â Â Where a contact centre employee works on
a public holiday the employee will be paid at two and a half times the ordinary
rate for all time worked. Such payment shall be in lieu of any shift loadings,
including shift loadings for extended operating hours and weekend work.
13. Additional Leave for Employees Working
Extended Operating Hours
13.1Â Â Â Additional leave will be granted to
employees working extended operating hours in accordance with clause 12 of this
Award, on the following basis:
Number of ordinary
shifts worked on Sunday and/or public holiday during a qualifying period of
12 months from 1 December to 30 November the following year
|
Additional Leave
|
4-10
|
1 additional day
|
11-17
|
2 additional days
|
18-24
|
3 additional days
|
25-31
|
4 additional days
|
32 or more
|
5 additional days
|
14. Meal Break
14.1Â Â Â Meal breaks must be given to and taken by
employees. No employee shall be required to work more than five (5) consecutive
hours without a meal break.
14.2Â Â Â A meal break shall be for a minimum of
thirty (30) minutes duration. Local management has discretion to approve meals
breaks up to one (1) hour duration.
14.3Â Â Â Meal breaks are unpaid.
14.4Â Â Â Tea Breaks
(a)Â Â Â Â Â Â Employees may take a tea break of up to
ten (10) minutes duration at a time convenient to the business needs of Service
NSW.
(b)Â Â Â Â Â Time taken for such breaks shall be
without interruption to service.
15. Change of Operating Hours Within the Spread
of Hours
15.1Â Â Â Any change to the operating hours of a
Service Centre or Contact Centre within the spread of hours as set out in
clause 11 shall be subject to the General Consultative Arrangements as per
clause 6, inclusive of the following consultative process:
(a)Â Â Â Â Â Â Service NSW shall notify employees in
writing of any change to operating hours at least six (6) weeks in advance of
the date on which the change is proposed to take place.
16. Ordinary Hours of Work
16.1Â Â Â Full Time Employees
(a)Â Â Â Â Â Â The ordinary hours of work for full-time
employees of Service NSW are seventy (70) hours per fortnight (Monday to
Saturday), which are to be worked over a two (2) week roster cycle, within the
spread of hours in clause 11.
(b)Â Â Â Â Â Full-time employees, in a Service Centre
or Contact Centre shall be rostered to work their seventy (70) hours per
fortnight in either nine (9) days or ten (10) days, Monday to Saturday in the
two (2) week roster cycle, based on the operational needs of Service NSW.
(c)Â Â Â Â Â Â Full-time Service Centre and Contact Centre
employees shall not be required to work more than five (5) consecutive days
during the roster cycle.
(d)Â Â Â Â Â Subject to rostering arrangements of this
Award, any other change to the days worked or the span of hours will be by
agreement between Service NSW and the employee.
(e)Â Â Â Â Â Â Work undertaken on a Saturday will
comprise part of an employee’s standard hours of work over a two (2) week
roster cycle. Employees shall not be required to work more than one (1)
Saturday in two (2) except by way of mutual agreement.
(f)Â Â Â Â Â Â Work undertaken on a Saturday will be
subject to the payment of a 50% loading, under subclause 18.2.
(g)Â Â Â Â Â The minimum hours to be rostered for work
by employees on a Saturday shall be four (4).
16.2Â Â Â Part Time Employees
(a)Â Â Â Â Â Â Part-time work may be undertaken with the
agreement of Service NSW.
(b)Â Â Â Â Â Unless otherwise specified in the award,
part-time employees receive full time entitlements on a pro rata basis
calculated according to the number of hours an employee works.
(c)Â Â Â Â Â Â A part-time employee is to work agreed
contract hours, less than full-time hours.Â
The part time contract hours are to reflect the regular and systematic
hours worked by the part-time employee.
(d)Â Â Â Â Â Before commencing part-time work, Service
NSW and the employee must agree upon:
(i)Â Â Â Â Â Â the hours to be worked by the employee,
the days upon which they will be worked, commencing and ceasing times for the
work unless rostered to work as part of a rotating roster, and whether hours
may be rostered flexibly;
(ii)Â Â Â Â Â whether flexible working hours provisions
or standard hours provisions will apply to the part-time employee; and
(iii)Â Â Â Â the classification applying to the work to
be performed.
(e)Â Â Â Â Â Â Part-time employees can agree to work
additional ordinary hours of duty, at ordinary rates of pay up to thirty-five
(35) hours per week. For the time worked in excess of
the employee’s usual hours and up to the normal full-time hours for the
classification, part-time employees will:
be paid for
additional hours at their hourly rate plus a loading of 1/12th in lieu of
recreation leave; or
(i)Â Â Â Â Â Â if working under the Service NSW Flexible
Working Hours Agreement, have the time worked credited as flex time.
(f)Â Â Â Â Â Â Part-time work may be undertaken within
the spread of hours, as set out in clause 11 - Spread of Operating Hours.
(g)Â Â Â Â Â The hours of work shall be recorded in
writing between the employee and Service NSW and advised to the employee in
advance in accordance with clause 11 - Spread of Operating Hours.
(h)Â Â Â Â Â The minimum hours to be worked by
part-time employees on any rostered days, including Saturdays shall be four
(4), however a part-time employee retains the right to elect a minimum of three
(3) hours.
(i)Â Â Â Â Â Â Part-time employees shall not be required
to work more than five (5) consecutive days in any fortnight roster cycle,
except by way of mutual agreement.
(j)Â Â Â Â Â Â Part-time employees shall not be required
to work more than one (1) Saturday in two (2) except by way of mutual
agreement.
(k)Â Â Â Â Â Service NSW can change the hours rostered
within the specified span by giving four (4) weeks’ notice and consulting with
affected employees, taking into consideration any direct impact on personal
responsibilities and/or individual circumstances. For the purposes of this paragraph, the
specified spread of hours shall mean the band of ordinary hours of work that
the part-time employee has agreed to work.
(l)Â Â Â Â Â Â Subject to clause 17 - Rosters, any other
change to the days worked or the spread of hours will be subject to prior
agreement with and written approval by Service NSW.
16.3Â Â Â Casual Employees
(a)Â Â Â Â Â Â Casual employees shall be engaged as such
and work on an hourly basis for a minimum of four (4) hours per engagement,
within the spread of hours as set out in clause 11. However, a casual employee retains the right
to elect a minimum of three (3) hours.
(b)Â Â Â Â Â Casual employees shall not be required to
work more than five (5) consecutive days under any contract of employment,
except by way of mutual agreement.
(c)Â Â Â Â Â Â Casual employees shall be paid the Monday
to Friday ordinary hourly rate of pay for the classification in which they are
employed, multiplied by 1.17, subject to subclause 18.3.
(d)Â Â Â Â Â The loading specified above recognises the
casual nature of the employment and compensates the employee for all leave
(other than Long Service Leave), and all other incidence of employment, except
overtime.
17. Rosters
17.1Â Â Â Rosters will be based on fortnightly periods
and published four (4) weeks in advance.Â
Rosters will be made accessible to employees.Â
17.2Â Â Â In the event of an emergency, the hours of
work and/or rostered starting and/or finishing times on any one day may be
changed by way of mutual agreement.
17.3   Where less than seven (7) days’ notice is
given by Service NSW of a change to a roster by deleting or reducing the hours
of a rostered day, any loading applicable to the original roster shall be paid
in addition to the payment applicable to the work performed.
17.4Â Â Â Mutual exchanges of rostered days between
employees shall be subject to prior agreement of Service NSW.
17.5Â Â Â Where employees are rostered in such a way
that the days on which they are rostered to work fluctuates from week to week,
an employee rostered off work on a public holiday being a day on which the
employee usually works, may elect to be paid by one of the following methods,
subject to mutual agreement from Service NSW:
(a)Â Â Â Â Â Â payment of an additional day's salary; or
(b)     addition of one day to the employee’s
annual holidays; or
(c)Â Â Â Â Â Â an alternate day off with pay within 28
days after the public holiday falls, or during the week prior to the public
holiday.
Provided that
for this clause "day" is the number of hours the employee would have
worked were the employee rostered on that day.
17.6Â Â Â Service NSW can, on up to three (3)
Saturdays each calendar year, require employees to attend a training session
within the spread of hours as set out in clause 11. The time spent on training
will be adjusted as part of the employee’s ordinary hours. The employee will be
rostered off for one equivalent block of hours during that roster cycle or
during either of the next two roster cycles.
17.7Â Â Â Service NSW employees who are rostered free
of duty on a public holiday due to working 9 days, Monday to Saturday in the
two (2) week roster cycle under paragraph 16.1(b) of the Award, are entitled to
the provisions of clause 17.5 above.
18. Loadings for Certain Ordinary Hours
18.1Â Â Â Payment for all hours worked within the
spread of operating hours Monday to Friday, shall be at the ordinary hourly
salary rate.
18.2Â Â Â For full-time and part-time employees, in
Contact Centres and Service Centres, payment for all hours of duty on Saturday
shall be at the ordinary hourly salary rate plus fifty (50) per cent.
18.3Â Â Â For casual employees, the payment for all
hours of duty on Saturday shall be 1.66 times the Monday to Friday ordinary
hourly rate for the first level of the classification in which they are
employed.
18.4Â Â Â Where part-time employees work in excess of the rostered hours for a day and within the
spread of operating hours of duty as set out in clause 11, Monday to Friday,
payment for time worked in excess of the rostered hours shall be made at the
ordinary hourly rate.Â
18.5Â Â Â Where part-time employees are required to
work in excess of the rostered hours on a Saturday,
but within the spread of operating hours of duty for Saturday as set out in out
in clause 11, a loading of fifty (50) per cent as prescribed in subclause 18.2
of this Part shall apply.
19. Overtime
19.1Â Â Â Full-time employees shall be paid overtime
for all time worked:
(a)Â Â Â Â Â Â outside the spread of operating hours of
duty as set out in clause 11 - Spread of Operating Hours, for which they are
rostered.
(b)Â Â Â Â Â before or after the daily ordinary hours
of duty set out in the roster described in the provisions of clause 17 -
Rosters and worked within the spread of hours of duty as set out in clause 11 -
Spread of Operating Hours.
19.2Â Â Â Part-time employees and casual employees
shall be paid for time worked in excess of the
full-time hours of the classification, or outside the spread of operating hours
of duty as set out in clause 11, at the appropriate overtime rate.
19.3Â Â Â Where employees are rostered on six (6)
consecutive days, work within the spread of operating hours of duty on the
sixth day shall be paid at the overtime rate, and does
not include loading in accordance with clause 18 - Loadings for Certain
Ordinary Hours.
Overtime in General
19.4Â Â Â Service NSW may require an employee to work
reasonable overtime, payable at overtime rates.
19.5Â Â Â An employee may refuse to work overtime in
circumstances where the working of overtime would result in the employee
working hours which are unreasonable. For the purposes of this paragraph, what
is unreasonable or otherwise will be determined by having regard to:
(a)      any risk to the employee’s health and safety;
(b)     the employee’s personal circumstances
including any family and carer responsibilities
(c)Â Â Â Â Â Â the needs of the workplace or enterprise;
(d)Â Â Â Â Â the notice (if any) given by Service NSW
regarding the working of overtime, and by the employee of their intention to
refuse the working of overtime; or
(e)Â Â Â Â Â Â any other relevant matter.
Payment for Overtime
19.6Â Â Â Payment for overtime shall be made only
where the employee works directed overtime.
19.7Â Â Â Overtime is not payable for time spent
travelling.
19.8Â Â Â Payment for overtime to employees shall be
made at the following rates:
(a)Â Â Â Â Â Â For all time worked before the usual commencing
time and after the usual ceasing time, Monday to Friday, at the rate of time
and one-half for the first two (2) hours and double time thereafter;
(b)Â Â Â Â Â Saturday - All overtime worked on a
Saturday, at the rate of time and one-half for the first two (2) hours and
double time thereafter;
(c)Â Â Â Â Â Â Sunday - All overtime worked on a Sunday
at the rate of double time;
(d)Â Â Â Â Â Public Holiday - All time worked on a
public holiday at the rate of double time and one-half.
(e)Â Â Â Â Â Â An employee who works overtime on a Saturday,
Sunday or public holiday shall be paid a minimum payment for three (3) hours
work at the appropriate overtime rates.
(f)Â Â Â Â Â Â An employee who is called out for
emergency duty other than on days provided in paragraph (d) of this clause,
shall be paid a minimum payment of three (3) hours work at overtime rates,
provided that the hours paid for do not overlap with the employee's normal
hours of duty.
(g)Â Â Â Â Â An employee whose salary exceeds the
maximum rate for Service NSW Grade 9, as varied from time to time, shall be
paid for working directed overtime at the maximum rate for Service NSW Grade 9,
unless the Division Head approves payment for directed overtime at the
employees appointed grade.
Calculation of
Hourly Rate for Overtime
19.9Â Â Â For the purpose of calculating the hourly
rate, the following formula shall be used:
Annual Salary
|
x
|
7
|
x
|
1
|
|
|
365.25
|
|
35
|
Election to Take
Leave in Lieu of Overtime
19.10Â An employee who works overtime may within two (2)
working days following such work, elect to take leave in lieu of payment for
all or part of the employee’s entitlement in respect of the overtime worked, as
calculated in accordance with subclauses 19.8 and 19.9 of this clause. Provided
that:
(a)Â Â Â Â Â Â Leave in lieu of payment shall be taken
at a convenient time, by way of mutual agreement.
(b)Â Â Â Â Â Such leave in lieu shall accrue and be
taken in rostered shift lengths only.
(c)Â Â Â Â Â Â The maximum period of leave in lieu that
may be allowed in respect of any one period of overtime worked shall be one (1)
seven (7) hour day.
(d)Â Â Â Â Â Leave in lieu shall be taken within three
(3) months of the date of election, except in the case of leave in lieu in respect of work performed on a public holiday, in which
case an employee may elect to have such leave in lieu added to annual leave
credits.
(e)Â Â Â Â Â Â An employee shall be entitled to payment
for the balance of any entitlements not taken as leave in lieu.
Meal Allowance -
Overtime
19.11Â Employees
directed to work overtime for an hour and a half or more immediately after
their finishing time, without being given twenty-four (24) hours
notice beforehand of the requirement to work overtime, will either be
supplied with a meal by Service NSW, or be paid the amount as set out at Item 4
of Schedule B for the first and for each subsequent meal occurring every four
(4) hours thereafter.
19.12Â Where
the allowance payable under subclause 19.11 above is insufficient to reimburse
the employee the cost of a meal, properly and reasonably incurred, Service NSW
shall approve payment of actual expenses incurred by the employee.
20. On-Call (Stand-By) and On-Call Allowance
20.1Â Â Â An employee shall be:
(a)Â Â Â Â Â Â Entitled to be paid the on call allowance set out in Item 8 of Schedule B - Service
NSW Rates and Allowances when directed by the Division Head to be on call or on
standby for a possible recall to duty outside the employee's working hours;
(b)Â Â Â Â Â If an employee who is on call and is
called out by the Division Head, the overtime provisions as set out in clause
19, Overtime, of this award, shall apply to the time worked;
(c)Â Â Â Â Â Â Where work problems are resolved without
travel to the place of work whether on a weekday, weekend or public holiday,
work performed shall be compensated at ordinary time for the time actually worked, calculated to the next 15 minutes.
21. Public Holidays
21.1Â Â Â Unless directed to attend for duty by
Service NSW, an employee is entitled to be absent from duty without loss of pay
on any day which is:
(a)Â Â Â Â Â Â A day proclaimed under Part 2 of the Public
Holidays Act 2010, as a public holiday; and
(b)     A day between Boxing Day and New Year’s
Day, determined by the appropriate Division Head as a Public Service Holiday.
22. Flexible Work Practices
22.1Â Â Â Nothing in this award shall affect the hours
of duty of an employee who is covered by a written flexible working agreement
negotiated under the Service NSW Flexible Working Guidelines, as amended from
time to time.
22.2Â Â Â Flexible working agreements negotiated in
terms of the Service NSW Flexible Working Guidelines shall be subject to the
conditions specified in this award.
SECTION 3
TRAVEL ARRANGEMENTS
23. Travelling Compensation
23.1Â Â Â Any authorised official travel and
associated expenses, properly and reasonably incurred by an employee required
to perform duty at a location other than their normal headquarters shall be met
by Service NSW.
23.2Â Â Â This clause applies to employees who:
(a)Â Â Â Â Â Â are required to proceed on duty away from
their normal headquarters;
(b)Â Â Â Â Â cannot return to their normal headquarters
on the day of departure; and
(c)Â Â Â Â Â Â do not permanently change their
headquarters.
This
clause does not apply to employees who are on an employee
initiated secondment, for the initial travel to and from the new
location.
23.3Â Â Â The Division Head shall require employees to
obtain an authorisation for all official travel prior to incurring any travel
expense.
23.4Â Â Â Service NSW will apply the rates as set at
Schedule B - Rates and Allowances, for the following allowances:
(a)Â Â Â Â Â Â Travel allowances (involving overnight
stay).
(b)Â Â Â Â Â Meal allowances (not requiring overnight
accommodation).
23.5Â Â Â Payment of any actual expenses shall be subject
to the production of receipts.
Accommodation
Arrangements
23.6Â Â Â An employee, required by Service NSW to work
from a temporary location shall be paid the appropriate rate of allowance for
accommodation and meal expenses (if not provided by Service NSW) and incidental
expenses, as per Schedule B - Rates and Allowances.
23.7Â Â Â Service NSW will elect whether to pay the
accommodation directly or whether an employee should pay the accommodation and
be compensated in accordance with this clause.
23.8Â Â Â Employees shall obtain prior approval before
making their own arrangements for overnight accommodation.
23.9Â Â Â Where available at a particular centre or
location, the overnight accommodation to be occupied by employees who travel on
official business shall be the middle of the range standard, referred to
generally as three (3) star or three (3) diamond standard of accommodation.
23.10Â The need to obtain overnight accommodation
shall be determined by Service NSW, having regard to the safety of the employee
travelling on official business and local conditions applicable in the area.
23.11Â Where employees are required to attend
conferences or seminars which involve evening sessions, or employees are
required to make an early start at work in a location away from their normal
workplace, overnight accommodation shall be appropriately granted by Service
NSW.
23.12Â Employees who are required to stay in
overnight accommodation will receive the rates for that region as set at
Schedule B - Rates and Allowances.Â
23.13Â For the first thirty-five (35) days, the
payment shall be:
(a)Â Â Â Â Â Â Where Service NSW elects to pay the
accommodation provider, the employee shall receive:
(i)Â Â Â Â Â Â The
appropriate meal allowance as set at Item 1 of Schedule B - Rates and
Allowances, and
(ii)Â Â Â Â Â Incidentals as set at Item 3 of Schedule B
- Rates and Allowances, and
(iii)Â Â Â Â Actual meal expenses properly and
reasonably incurred, for any residual part day travel.
(b)Â Â Â Â Â Where Service NSW elects not to pay the accommodation
provider, the employee shall receive either:
(i)Â Â Â Â Â Â The
appropriate rate of allowance as set at Item 2 of Schedule B - Rates and
Allowances, and actual meal expenses properly and reasonably incurred, for any
residual part day travel, or
(ii)Â Â Â Â Â In lieu of subparagraph (i) of this paragraph, payment of the actual expenses
properly and reasonably incurred for the whole trip on official business,
together with an incidentals expenses allowance set out in Item 3 of Schedule B
- Rates and Allowances.
23.14Â The allowance will be reduced to 50% of the
relevant rate for employees who remain in a region for more than 35 days and up
to a period of six (6) months.
Excess
Travelling Time
23.15Â An employee directed to travel on official
business outside the usual hours of duty to perform duty at a location other
than normal headquarters will, at the Division Heads discretion, be compensated
for such time either by:
(a)Â Â Â Â Â Â Payment for travelling time, at the
employee’s ordinary rate of pay on an hourly basis, shall be calculated as
follows:
Annual Salary
|
x
|
5
|
x
|
1
|
|
|
260.89
|
|
Normal Hours of Work
|
(b)Â Â Â Â Â If it is operationally convenient, by taking
equivalent time off in lieu to be granted for excess time spent in travelling
on official business.
(c)Â Â Â Â Â Â Such time in lieu must be taken within 1
month of accrual unless otherwise authorised by the employee’s manager.
23.16Â Provided that the period for which excess
travelling time compensation is being sought is more than half an hour on any
one day, compensation in respect of excess travelling time payable, is subject
to the following conditions:
Travel
on a Non-Working day
23.17Â Where travel is on a non-working day, excess
travelling time is payable for all time spent travelling on official business,
after 7:30 am and before 11.00 pm.
Travel
on a Working day
23.18Â Where travel is on a working day, excess
travelling time is payable for all time spent in travelling on official
business, before the normal commencing time or after the normal ceasing time,
subject to the following conditions:
(a)Â Â Â Â Â Â the time normally taken for the periodic
journey from home to headquarters and return is deducted from the employee’s
travelling time (except on a non-working day);
(b)Â Â Â Â Â periods of less than a quarter of an hour
on any day shall be disregarded;
(c)Â Â Â Â Â Â travelling time shall not include any period
of travel between 11.00 pm on any one day and 7.30am on the following day,
where Employees have travelled overnight and
accommodation has been provided for them;
(d)Â Â Â Â Â travelling time shall be calculated by
reference to the time that might reasonably have been taken by the use of the
most practical and economic means of transport and the most practical available
route;
(e)Â Â Â Â Â Â travelling time shall not include time
spent in travelling on permanent transfer where the transfer involves
promotion, which carries increased salary or where the transfer is for
disciplinary reasons, or where the transfer is made at the employee’s request;
(f)Â Â Â Â Â Â travelling time shall not include any
overseas travel.
Waiting
Time
23.19Â When an employee travelling on official business
is required to wait for transport in order to commence
a journey to another location or to return home or to headquarters and such
time is outside the normal hours of duty, the waiting time shall be treated and
compensated for in the same manner as excess travelling time.
Excess
Travelling Time - General
23.20Â The rate of payment for excess travel or
waiting time on a non-working day, shall be the same as that applying to a
working day.
23.21Â The hours of excess travel shall not be
regarded as work time for the purposes of leave and other entitlements found in
this Award.
23.22Â No payment shall be made under this clause,
unless Service NSW is satisfied that excess travel or waiting time was directed
or approved.
23.23Â Employees that are in receipt of a salary in excess of the rate applicable to the maximum rate for
Service NSW Grade 7, shall be paid travelling time calculated at the maximum
rate for Service NSW Grade 7, as adjusted from time to time.
23.24Â When an employee stops on a journey to take a
meal, the time spent in taking the meal does not count for travelling
compensation.
23.25Â The maximum amount of compensatory leave or
ordinary time payment which shall be granted in any period of twenty-four (24)
consecutive hours is eight (8) hours.
23.26Â The decision as to whether an employee is to
receive leave or payment for travel time is the prerogative of the functional
manager.
SECTION 4
ALLOWANCES AND OTHER MATTERS
24. Community Language Allowance Scheme
"CLAS"
24.1Â Â Â Employees who possess a basic level of
competence in a community language and who work in locations where their
community language is utilised at work to assist clients, and such staff
members are not:
(a)Â Â Â Â Â Â Employed as interpreters and translators;
but are
(b)Â Â Â Â Â Employed in those roles as acknowledged in
writing by the Division Head of Service NSW,
shall be paid
an allowance as specified in Schedule B, Rates and Allowances, subject to
subclauses 24.2 and 24.3 of this clause.
24.2Â Â Â The base level of the CLAS is paid to
employees who:
(a)Â Â Â Â Â Â are required to meet occasional demands
for language assistance (there is no regular pattern of demand for their
skill); and
(b)Â Â Â Â Â have passed an examination administered by
Multicultural NSW, or who have a National Accreditation Authority for
Translators and Interpreters (NAATI) language Recognition award.
24.3Â Â Â The higher level of CLAS is paid to
employees who meet the requirements for the base level of payment and:
(a)Â Â Â Â Â Â are regularly required to meet high
levels of customer demand involving a regular pattern of usage of the employees language skills, as determined by the Division
Head; or
(b)Â Â Â Â Â have achieved qualifications of NAATI
interpreter level or above. This recognises that staff with higher levels of
language skill will communicate with an enhanced degree of efficiency and
effectiveness.
25. First Aid Allowance
25.1Â Â Â Where Service NSW designates an employee who
is qualified, as specified in item 7 of Schedule B, to be available to provide
First Aid duties and responsibilities, they shall be paid a First Aid Allowance
appropriate to the qualifications held during any period they are so
designated.
25.2Â Â Â The First Aid Allowance shall not be paid
during leave of one (1) week or more.
25.3Â Â Â When the First Aid Officer is absent on
leave for one (1) week or more and another qualified employee is selected to
relieve in the First Aid Officer's role, such employee shall be paid a pro rata
first aid allowance for assuming the duties of a First Aid Officer.
25.4Â Â Â First Aid Officers may be permitted to
attend training and retraining courses conducted during normal hours of duty.
The cost of training employees who do not already possess qualifications and
who need to be trained to meet the needs of Service NSW, as well as the cost of
retraining First Aid Officers, are to be met by Service NSW.
26. Allowance for Living in a Remote Area
26.1Â Â Â Employees stationed and living in a remote
area, will be paid applicable allowances, as provided by the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009.
26.2Â Â Â This includes Allowance(s) for Living in a
Remote Area and Assistance to Staff Members Stationed in a Remote Area When
Travelling on Recreation Leave.
27. Allowances and Compensation for Transferred
Employees
27.1Â Â Â Service NSW will provide reimbursement
towards expenses and allowances of employees assigned to work in a new location
which, by necessity of that assignment, requires the employee to leave their
existing residence and seek or take up a new residence.
27.2Â Â Â Eligible employees of Service NSW who
satisfy the definition of transferred employee under the Crown Employees
(Transferred Employees Compensation) Award 2009, will be paid applicable
allowances and compensation, as provided by the Award.Â
Transferred Employee
27.3Â Â Â A transferred employee means an ongoing
employee of Service NSW who has been transferred at the initiative of Service
NSW to a new location and who, as a consequence, finds
it necessary to leave their existing residence and seek, or take up a new
residence.
27.4Â Â Â A transferred employee does not include a
staff member of Service NSW transferred:
(a)Â Â Â Â Â Â at their own request; or
(b)Â Â Â Â Â who has applied for a role and obtained it
through a merit selection process; or
(c)Â Â Â Â Â Â under an arrangement between employees to
exchange role; or
(d)Â Â Â Â Â who can reasonably commute to the new
location; or
(e)Â Â Â Â Â Â where the old location and the new
location are part of the Metropolitan area, i.e. the
Central Coast on the Northern Line as far as Gosford, the area on the Western
Line as far as Mt Victoria and on the Illawarra Line as far as Wollongong; or
(f)Â Â Â Â Â Â on account of any misconduct
unless the
Division Head otherwise approves.
28. Association Delegates, Access
and Activities
28.1Â Â Â Service NSW acknowledges that Association
delegates represent and speak on behalf of members in the workplace. See
subclause 31.4 of clause 31, Special Leave, with respect to Association (Trade
Union) Activities regarded as Special Leave.
Activities Regarded
as on Duty
28.2Â Â Â Accordingly, Service NSW will allow
Association delegates reasonable time during the delegate's working hours to
perform the duties listed below, and such time will be regarded as being on
duty:
(a)Â Â Â Â Â Â represent members in bargaining;
(b)Â Â Â Â Â represent the interests of members to
Service NSW;
(c)Â Â Â Â Â Â consult with members and other Employees
for whom the delegate is a representative; and
(d)Â Â Â Â Â Communicate and place Association
information on a workplace noticeboard in a readily accessible and visible
location.
28.3Â Â Â Association delegates will be provided with reasonable
access to relevant information and reasonable preparation time before meetings
with management or disciplinary or grievance meetings where an Association
member requires the presence of a delegate, where operational requirements
allow the taking of such time.
Travelling and Other
Costs of Association Delegates
28.4Â Â Â Where a workplace meeting is called by and
with management, including joint consultative committee meetings or meetings
under the Grievance and Dispute Settling Procedure, Association delegates that
attend will be paid by Service NSW any travel and/or accommodation costs
necessarily and reasonably incurred, as per clause 23 - Travelling
Compensation.
28.5Â Â Â All other travel and other costs incurred by
accredited Association delegates in the course of
Association activities will be paid by the Association.
Notice in respect of
Delegate and/or Association Activities
28.6Â Â Â Service NSW must be notified in writing by
the Association or, where appropriate, by the Association delegate as soon as
the date and/or time of conferences or meetings for Association activities
regarded as on duty, Association activities regarded as special leave and
accredited Association training courses, is known.
28.7Â Â Â Delegates must give reasonable notice to
their manager of the requirement to attend a meeting arising as
a result of the operation of the Dispute Settlement Procedure.
28.8Â Â Â Any payment to an employee as a result of performing duties or taking leave in
accordance with this clause will be paid at ordinary time rates.
28.9Â Â Â If a delegate undertakes duties in
accordance with this clause while on leave, Service NSW will credit the time
for the attendance following the production by the delegate of satisfactory
evidence of attendance.
Union Delegates’ access
to the Employer’s facilities
28.10Â Service NSW will allow reasonable access to
telephone, computers and accessories, meeting rooms, facsimile, postal,
photocopying, e-mail and intranet/internet facilities
for the purpose of carrying out work as an Association delegate and
consulting/meeting and communicating with workplace colleagues in accordance
with this provision.
28.11Â Service NSW shall provide a notice board for
the display of authorised material in each workplace in a readily accessible
and visible location.
Deduction of
Association Membership Fees
28.12 At the employee’s election, Service NSW shall
provide for the employee’s Association membership fees to be deducted from the
employee’s pay and ensure that such fees are transmitted to the Association at
regular intervals.
SECTION 5
LEAVE
29. Leave Provisions
29.1Â Â Â General Provisions:
(a)Â Â Â Â Â Â All leave shall be debited on the basis of the number of contract hours rostered on the
day(s) on which the leave is taken.
(b)Â Â Â Â Â Â When an employee has been granted leave
without pay covering a total period of absence from duty of not more than two
(2) weeks, payment shall be made at ordinary rates for public holidays
occurring during such absence, provided that such public holidays fall on days
which would normally be working days.
(c)Â Â Â Â Â Â Where an employee who is eligible for
sick leave produces a satisfactory medical certificate to the effect that they
have been incapacitated for any period whilst on recreation leave, or five (5)
consecutive working days or more whilst on extended leave, they may be
re-credited with an equivalent period of recreation leave or extended leave, as the case may be, to the extent of the sick leave taken.
Provided that the foregoing provision may be applied to extended leave taken
prior to retirement but not to such leave taken prior to resignation or
termination of services or to recreation leave taken prior to retirement, resignation or termination of services.
(d)Â Â Â Â Â Â For the purposes of this clause, periods
of absence other than leave of absence approved by Service NSW shall not be
regarded as service.
(e)Â Â Â Â Â Â Except for leave without pay taken as
part of leave for maternity purposes, the leave of absence expressed in these
clauses shall be on the basis of a five-day working
week.
30. Notification of Absence from Duty
30.1Â Â Â An employee must not be absent from work
unless reasonable cause is shown.
30.2Â Â Â If an employee is to be absent from duty
because of illness or other emergency, the employee shall notify the supervisor
as soon as possible of the employee's absence and the reason for the absence.
30.3Â Â Â If an employee is to be absent from duty,
other than on authorised leave, the employee must notify their supervisor, or
must arrange for the supervisor to be notified, as soon as possible, of the
reason for the absence.
30.4Â Â Â In circumstances where either:
(a)Â Â Â Â Â Â An employee is absent from duty without
authorised leave; or
(b)Â Â Â Â Â Is deemed to be absent from duty without
authorised leave because such an employee failed to provide a satisfactory
explanation to management:
The employee
shall be regarded as absent from duty without authorised leave and the Division
Head shall deduct from the pay of the employee the amount equivalent to the
period of the absence.
30.5Â Â Â Leave can be debited in hours and shall be
rounded to the nearest quarter hour.
30.6Â Â Â Nothing in this clause affects any
proceedings for a breach of discipline against an employee who is absent from
duty without authorised leave.
31. Special Leave
Payment for special
leave is at the ordinary rate of pay, exclusive of allowances, penalty rates or
overtime.
31.1Â Â Â Special Leave - Jury Duty
(a)Â Â Â Â Â Â An employee shall, as soon as possible,
notify Service NSW of any jury summons served on the Employee.
(b)Â Â Â Â Â An employee who, during any period when
required to be on duty, attends a court in answer to a jury summons shall, upon
return to duty, provide Service NSW with a certificate of attendance issued by
the Sheriff or by the Registrar of the court giving particulars of attendances
by the employee and the details of any payments made to the staff member under
section 72 of the Jury Act 1977 in respect of any such period.
(c)Â Â Â Â Â Â When a certificate of attendance is
received in respect of any period during which a staff member was required to
be on duty, Service NSW shall grant, in respect of any such period for which
the staff member has been paid out-of-pocket expenses only, special leave on
full pay. In any other case, Service NSW shall grant, at the election of the
employee, available recreation leave on full pay, flex
leave or leave without pay.
31.2Â Â Â Witness at Court - Official Capacity
(a)Â Â Â Â Â Â When an employee is subpoenaed or called
as a witness in an official capacity, the employee shall be regarded as being
on duty. Salary and any expenses properly and reasonably incurred by the
employee in connection with the employee's appearance at court as a witness in
an official capacity shall be paid by Service NSW.
31.3Â Â Â Witness at Court - Other than in an Official
Capacity - Crown Witness
(a)Â Â Â Â Â Â An employee who is subpoenaed or called
as a witness by the Crown (Commonwealth or State) will be granted special leave
for the time they attend Court, provided the employee provides proof of
allowable fees and out of pocket expenses associated with the court attendance
when submitting their leave application. If the employee chooses to retain the
fees paid, leave such as leave without pay, or annual leave must be taken.
(b)Â Â Â Â Â An employee subpoenaed or called as a
witness in a private capacity other than by the Crown (Commonwealth or State) is
not eligible for special leave and must apply for other forms of leave such as
leave without pay or annual leave.
(c)Â Â Â Â Â Â Association Witness - An employee called
by the Association to give evidence before an Industrial Tribunal or in another
jurisdiction shall be granted special leave by Service NSW for the required
period.
31.4Â Â Â Association (Trade Union) Activities
regarded as Special Leave
The granting of
special leave with pay will apply to the following activities undertaken by an
Association delegate, as specified below:
(a)Â Â Â Â Â Â Annual or biennial conferences of the Association;
(b)Â Â Â Â Â Meetings of the Associations Executive,
Committee of Management or Councils;
(c)Â Â Â Â Â Â Annual conference of Unions NSW and the
biennial Congress of the Australian Council of Trade Unions;
(d)Â Â Â Â Â Attendance at meetings called by the
Unions NSW involving the Association which requires attendance of a delegate;
(e)Â Â Â Â Â Â Attendance at meetings called by the
Secretary, as the employer for industrial purposes, as and when required;
(f)Â Â Â Â Â Â Giving evidence before an Industrial
Tribunal as a witness for the Association;
(g)Â Â Â Â Â Reasonable travelling time to and from
conferences or meetings for Association activities regarded as on duty,
Association activities regarded as special leave and accredited Association
training courses.
Training
Courses
(h)Â Â Â Â Â Employees who are members of the
Association will be granted special leave with pay up to twelve (12) working
days in any period of two (2) years to attend training courses endorsed by the
Association, Unions NSW or the Australian Council of
Trade Unions (ACTU), subject to:
(i)Â Â Â Â Â Â the operating requirements of the
workplace permitting the grant of leave and the absence not requiring
employment of relief staff;
(ii)Â Â Â Â Â all travelling expenses being met by the
Employee or the Association; and
(iii)Â Â Â Â attendance being confirmed in writing by
the Association or a nominated training provider.
31.5Â Â Â NAIDOC Day
(a)Â Â Â Â Â Â Aboriginal and Torres Strait Islander
Employees shall be granted up to one (1) day special leave per year to observe
National Aboriginal and Islander Day of Commemoration celebrations.
(b)Â Â Â Â Â Leave can be taken at any time during
NAIDOC week, or in the weeks leading up to and after NAIDOC week, provided the
Employee provides their supervisor with reasonable notice.
31.6Â Â Â Emergency Services
(a)Â Â Â Â Â Â Employees may be granted leave to attend
emergencies declared in accordance with the relevant legislation or announced
by the Governor. Employees must notify their managers of the request for State
Emergency leave as soon as possible supported by evidence in writing of the
emergency.
(b)Â Â Â Â Â For any other emergency other than a
declared emergency, employees are entitled to a maximum of five (5) days
Special Leave per year. Proof of attendance at the emergency is required.
(c)Â Â Â Â Â Â Where an employee is required to attend a
course approved by the Rural Fire Service, the employee will be granted up to
ten (10) days Special Leave per year, subject to operational convenience. Proof
of course attendance is required.
(d)Â Â Â Â Â Where an employee is required to attend a
course required by the State Emergency Services (SES), the employee will be
granted Special Leave for the duration of the course, provided the SES advises
Service NSW that the staff member is required to attend.
(e)Â Â Â Â Â Â Employees are entitled to take an
additional one (1) day of Special Leave for rest per incident when they attend
a declared emergency for several days as an SES or RFS volunteer.
31.7Â Â Â Special Leave - Other Purposes
Special leave
on full pay may be granted to employees for such other purposes, subject to the
conditions specified in clause 6-18 the Personnel Handbook at the time the
leave is taken.
32. Recreation Leave
32.1Â Â Â Paid recreation leave for full time
employees and recreation leave for employees working part time accrues at the
rate of twenty (20) working days per annum. Employees working part time shall
accrue paid recreation leave on a pro rata basis, which will be determined on
the average weekly hours worked per leave year.
32.2Â Â Â Additional recreation leave, at the rate of
5 days per year, accrues to an employee, employed in terms of the Act, who is
stationed indefinitely in a remote area of the State, being the Western and
Central Division of the State described as such in the Second Schedule to the Crown
Lands Consolidation Act 1913 before its repeal.
32.3Â Â Â Recreation leave accrues from day to day.
Limits on
Accumulation and Direction to Take Leave
32.4Â Â Â At least two (2) consecutive weeks of
recreation leave shall be taken by an employee every twelve (12) months, except
by agreement with the Division Head in special circumstances.
32.5Â Â Â Where the operational requirements permit,
the application for leave shall be dealt with by the Division Head according to
the wishes of the employee.
32.6Â Â Â The Division Head shall notify the employee
in writing when accrued recreation leave reaches twenty-five (25) days or its
hourly equivalent and at the same time may direct an employee to take at least
ten (10) days recreation leave within three (3) months of the notification, at
a time convenient to Service NSW.
32.7Â Â Â The Division Head shall notify the employee
in writing when accrued recreation leave reaches thirty (30) days or its hourly
equivalent and direct the employee to take at least ten (10) days recreation
leave within six (6) weeks (or any other such mutually convenient time) of the
notification.
32.8Â Â Â Consistent with Treasury Circular NSWTC14-11
and NSWTC 16-03 accrued recreation leave balances are a maximum of thirty (30)
days.
Miscellaneous
32.9Â Â Â Recreation leave for which an employee is
eligible on cessation of employment is to be calculated to a quarter day
(fractions less than a quarter being rounded up).
32.10Â Recreation leave accrues at half its normal
accrual rate during periods of extended leave on half pay, recreation leave
taken on half pay, or maternity leave taken on half pay.
32.11Â Recreation leave does not accrue during leave
without pay other than:
(a)Â Â Â Â Â Â military leave taken without pay when
paid military leave entitlements are exhausted;
(b)Â Â Â Â Â absences due to natural emergencies or major
transport disruptions, when all other paid leave is exhausted;
(c)Â Â Â Â Â Â any continuous period of sick leave taken
without pay when paid sick leave is exhausted;
(d)Â Â Â Â Â incapacity for which compensation has been
authorised under the Workplace Injury Management and Workers Compensation
Act 1998; or
(e)Â Â Â Â Â Â periods which, when aggregated, do not
exceed 5 working days in any period of 12 months.
32.12Â An employee entitled to additional recreation
leave under paragraph 32.2 of this clause, and/or additional leave under clause
13 can elect at any time to cash out the additional recreation leave.
Recreation Leave
Loading
32.13Â An employee employed by Service NSW, is
entitled to be paid recreation leave loading of 17½% on the monetary value of
up to four (4) weeks recreation leave accrued in a leave year, capped at the
maximum salary of SNSW 11.
32.14Â For the calculation of the recreation leave
loading, the leave year shall commence on 1 December each year and shall end on
30 November of the following year.
32.15Â Payment of the recreation leave loading shall
be made on the recreation leave accrued during the previous leave year and
shall be subject to the following conditions:
(a)Â Â Â Â Â Â The full entitlement to the loading on
recreation leave that an Employee has accrued over the previous leave year will
be paid on the first occasion after 1 December in any year an employee takes
sufficient leave to permit them to be absent from duty for at least two
consecutive weeks, of which at least one week is recreation leave.
(b)Â Â Â Â Â The loading will apply only to leave
accrued in the year ending on the preceding 30 November, up to a maximum of
four weeks.
(c)Â Â Â Â Â Â In the event of no such absence occurring
by 30 November of the following year, an employee will be paid the monetary
value of the recreation leave loading payable on leave accrued as at 30 November of the previous leave year in a pay following
30 November.
(d)Â Â Â Â Â On cessation of employment, other than
termination by the employer for misconduct, an employee who has not taken
recreation leave qualifying them for payment of the recreation leave loading
since the preceding 1 December shall be paid the loading, which would have been
payable had such leave been taken.
Maximum Loading
32.16Â The recreation leave loading payable shall not
exceed the amount which would have been payable to an employee in receipt of
salary equivalent to the maximum salary of SNSW 11.
33. Family and Community Service Leave
33.1Â Â Â Employees will be granted paid FACS Leave
for unplanned or emergency family responsibility reasons, in accordance with
this clause.
33.2Â Â Â FACS Leave will be granted:
(a)Â Â Â Â Â Â for reasons related to responsibilities
for a family member;
(b)Â Â Â Â Â for reasons related to the death of a
family member or relative;
(c)Â Â Â Â Â Â for reasons related to performance of
community service; or
(d)Â Â Â Â Â in case of pressing necessity, natural disaster or major transport disruption.
33.3Â Â Â FACS Leave shall accrue as follows:
(a)Â Â Â Â Â Â two and a half days in the first twelve
(12) months of service;
(b)Â Â Â Â Â two and a half days in the second year of
service; and
(c)Â Â Â Â Â Â one day for each completed year of
service thereafter, less the total amount of any FACS already taken by the
employee,
33.4Â Â Â The definition of "family" or
"relative" in this clause is the same as that provided in paragraph
37.8 of this Award - Carer’s Leave.
33.5Â Â Â Employees who have exhausted their
entitlements to FACS Leave may be granted additional FACS Leave up to two (2)
days to cover the period necessary to arrange or attend the funeral of a family
member or relative as contained in subclause 33.4. Additional FACS Leave will
be granted on a discrete ‘per occasion’ basis.
33.6Â Â Â Employees working part time shall accrue FACS
Leave on a pro rata basis, which will be determined on the average weekly hours
worked.
33.7Â Â Â Employees appointed to Service NSW who have
had immediate previous employment in the NSW Government Service may transfer
their FACS Leave from their previous employer.
34. Leave Without Pay
34.1Â Â Â The Division Head may grant leave without
pay to an employee if good and sufficient reason is shown.
34.2Â Â Â Leave Without Pay may be granted on a
full-time or a part-time basis.
34.3Â Â Â Where an employee is granted leave without
pay for a period not exceeding ten (10) consecutive working days, the employee
shall be paid for any proclaimed public holidays falling during such leave
without pay.
34.4Â Â Â Where an employee is granted leave without
pay which, when aggregated, does not exceed five (5) working days in a period
of twelve (12) months, such leave shall count as service for incremental
progression and accrual of recreation leave.
34.5Â Â Â An employee who has been granted leave
without pay shall not engage in employment of any kind during the period of
leave without pay, unless prior approval has been
obtained from the Division Head.
34.6Â Â Â An employee shall not be required to exhaust
accrued paid leave before proceeding on leave without pay but, if the employee
elects to combine all or part of accrued paid leave with leave without pay, the
paid leave shall be taken before leave without pay.
34.7Â Â Â No paid leave shall be granted during a
period of leave without pay.
34.8Â Â Â An ongoing assignment may be made to the
employee’s role if:
(a)Â Â Â Â Â Â the leave without pay has continued or is
likely to continue beyond the original period of approval and is for a total
period of more than twelve (12) months; and
(b)     the employee is advised of the agency’s
proposal to permanently backfill their assigned role; and
(c)Â Â Â Â Â Â the employee is given a reasonable
opportunity to end the leave without pay and return to their role; and
(d)Â Â Â Â Â the agency advised the employee at the time
of the subsequent approval that the role will be filled on an ongoing basis
during the period of leave without pay.
34.9Â Â Â The role cannot be filled permanently unless
the above criteria are satisfied.
34.10Â The employee does not cease to be employed by
Service NSW if their role is permanently backfilled.
34.11Â Subclause 34.8 of this clause does not apply
to full-time unpaid parental leave granted in accordance with subparagraph
36.15(a)(i) of clause 36, Parental Leave or to
Military leave.
35. Military Leave
35.1Â Â Â During the period of 12 months commencing on
1 July each year, the Division Head may grant to an employee who is a volunteer
part-time member of the Defence Forces, military leave on full pay to undertake
compulsory annual training and to attend schools, classes or courses of
instruction or compulsory parades conducted by the employee’s unit.
35.2Â Â Â In accordance with the Defence Reserve
Service (Protection) Act 2001 (Cth), it is
unlawful to prevent an employee from rendering or volunteering to render,
ordinary Defence Reserve Service.
35.3Â Â Â Up to 24 working days military leave per
financial year may be granted by the Division head to members of the Naval and
Military Reserves and up to 28 working days per financial year to members of
the Air Force Reserve for the activities specified in subclause 35.1 of this
clause.
35.4Â Â Â The Division Head may grant an employee
special leave of up to 1 day to attend medical examinations and tests required
for acceptance as volunteer part time members of the Australian Defence Forces.
35.5Â Â Â An employee who is requested by the
Australian Defence Forces to provide additional military services requiring
leave in excess of the entitlement specified in
subclause 35.3 of this clause may be granted Military Leave Top Up Pay by the
Division head.
35.6Â Â Â Military Leave Top Up Pay is calculated as
the difference between an employee’s ordinary pay as if they had been at work,
and the Reservist’s pay which they receive from the Commonwealth Department of
Defence.
35.7Â Â Â During a period of Military Leave Top Up
Pay, an employee will continue to accrue sick leave, recreation and extended
leave entitlements, and agencies are to continue to make superannuation
contributions at the normal rate.
35.8Â Â Â At the expiration of military leave in
accordance with subclause 35.3 or 35.4 of this clause, the employee shall
furnish to the Division Head a certificate of attendance and details of the
employee’s reservist pay signed by the commanding officer or other responsible
officer.
36. Parental Leave
Parental leave
includes maternity, adoption and "other parent" leave.
36.1Â Â Â Maternity Leave (General)
(a)Â Â Â Â Â Â Maternity leave is available to all female
employees (including casual employees who have worked on a regular and
systematic basis with Service NSW for at least twelve (12) months), to enable
them to take care of their new born child and retain
their role and return to work within a reasonable period of time after they
have given birth.
(b)Â Â Â Â Â An employee who has been granted maternity
leave and whose child is stillborn may elect to take available sick leave
instead of maternity leave.
(c)Â Â Â Â Â Â An employee who has applied for or been
granted maternity leave and whose pregnancy terminates, must, as soon as
practicable, notify Service NSW of the termination and the date on which it
occurred.
(d)Â Â Â Â Â Where an employee is on other leave and
her child is born before the expected date of birth, maternity leave commences
from the date of birth of the child.
36.2Â Â Â Paid Maternity Leave
Ongoing and
temporary employees who have completed not less than forty (40) weeks’
continuous service prior to the expected date of birth are entitled to paid
maternity leave at their ordinary rate of pay for:
(a)Â Â Â Â Â Â up to fourteen (14) weeks, or
(b)Â Â Â Â Â the period of maternity leave taken,
whichever is
the lesser period.
Leave may be
taken at full pay, half pay or as a lump sum.
36.3Â Â Â Unpaid Maternity Leave
(a)Â Â Â Â Â Â Pregnant employees are entitled to
maternity leave:
(i)Â Â Â Â Â Â on a full-time basis for a period of not
more than nine (9) weeks prior to giving birth; and
(ii)Â Â Â Â Â for a further period ending not more than twelve
(12) months after the date of giving birth.
(b)Â Â Â Â Â Employees who have been granted maternity
leave may, with the permission of Service NSW, take leave after the date of
birth:
(i)Â Â Â Â Â Â full-time for a period not exceeding
twelve (12) months; or
(ii)Â Â Â Â Â part-time for a period not exceeding two
(2) years; or
(iii)Â Â Â Â partly full-time and partly part-time over
a proportionate period of up to two (2) years.
(c)Â Â Â Â Â Â Service NSW shall not fail to re-engage a
regular casual employee (see section 53(2) of the Industrial Relations Act
1996) because:
(i)      the employee or employee’s spouse is
pregnant; or
(ii)Â Â Â Â Â the employee is or has been immediately
absent on maternity leave.
The rights of
Service NSW in relation to engagement and re-engagement of casual employees are
not affected, other than in accordance with this clause.
36.4Â Â Â Adoption Leave (General)
(a)Â Â Â Â Â Â Employees are entitled to adoption leave
(including casual employees who have worked on a regular and systematic basis
with Service NSW for at least twelve (12) months) when they are to be the
primary care giver of an adopted child.
(b)Â Â Â Â Â Adoption leave commences on the date that
the employee takes custody of the child concerned, whether that date is before
or after the date on which a court makes an order for the adoption of the
child.
(c)Â Â Â Â Â Â Adoption leave may be granted as either
paid or unpaid.
36.5Â Â Â Paid Adoption Leave
Ongoing and temporary
employees who have completed not less than forty (40) weeks’ continuous service
prior to the commencement of adoption leave are entitled to be paid at their
ordinary rate of pay for:
(a)Â Â Â Â Â Â up to fourteen (14) weeks, or
(b)Â Â Â Â Â the period of adoption leave taken,
whichever is
the lesser period.
Leave may be
taken at full pay, half pay or as a lump sum.
36.6Â Â Â Unpaid Adoption Leave
(a)Â Â Â Â Â Â Employees are entitled to adoption leave
for:
(i)Â Â Â Â Â Â a maximum period of twelve (12) months
where the child has not commenced school; or
(ii)Â Â Â Â Â a period as Service NSW determines, up to
a maximum of twelve (12) months if the child has commenced school.
(b)Â Â Â Â Â Employees who have been granted adoption
leave may also, with the permission of Service NSW, take leave:
(i)Â Â Â Â Â Â part-time for a period not exceeding two
(2) years; or
(ii)Â Â Â Â Â partly full-time and partly part-time over
a proportionate period of up to two (2) years.
Service NSW
shall not fail to re-engage a regular casual employee (see section 53(2) of the
Industrial Relations Act 1996) because the employee is or has been
immediately absent on adoption leave. The rights of Service NSW in relation to
engagement and re-engagement of casual employees are not affected, other than
in accordance with this clause.
36.7Â Â Â Other Parent Leave - General
Where maternity
or adoption leave does not apply, "other parent" leave is available
to male and female employees who apply for leave to look after his/her child or
children. Other parent leave applies as follows:
(a)Â Â Â Â Â Â Short other parent leave - an unbroken
period of up to eight (8) weeks at the time of the birth of the child or other
termination of the spouse's or partner's pregnancy or, in the case of adoption,
from the date of taking custody of the child or children;
(b)Â Â Â Â Â Extended other parent leave - for a period
not exceeding twelve (12) months, less any short other parental leave already
taken by the staff member. Extended other parental leave may commence at any
time up to 2 years from the date of birth of the child or the taking of custody
of the child.
(c)Â Â Â Â Â Â Other Parent Leave is granted without
pay, except as provided in clause 36.8 of this Award.
36.8Â Â Â Paid Other Parental Leave
(a)Â Â Â Â Â Â Ongoing and temporary employees who have
completed not less than forty (40) weeks’ continuous service prior to the
commencement of parental leave are entitled to be paid at their ordinary rate
of pay for:
(i)Â Â Â Â Â Â One (1) week on full pay, or
(ii)Â Â Â Â Â Two (2) weeks on half pay.
(b)Â Â Â Â Â The period of paid leave does not extend
the current entitlement of up to twelve (12) months leave but, is part of it.
36.9Â Â Â Taking of Parental Leave
Employees who
have been granted parental leave may, with the permission of Service NSW, also
take leave:
(a)Â Â Â Â Â Â part-time over a period not exceeding two
(2) years; or
(b)Â Â Â Â Â partly full-time and partly part-time over
a proportionate period of up to two (2) years.
36.10Â Casual Employees
Service NSW shall
not fail to re-engage a regular casual employee (see section 53(2) of the Industrial
Relations Act 1996) because the employee is or has been immediately absent
on parental leave. The rights of Service NSW in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
36.11Â Payment for parental leave is at the rate
applicable when the leave is taken. An employee holding a fulltime role who is
on part time leave without pay when they start parental leave is paid:
(a)Â Â Â Â Â Â at the fulltime rate if they began part
time leave 40 weeks or less before starting parental leave;
(b)Â Â Â Â Â at the part time rate if they began part
time leave more than 40 weeks before starting parental leave and have not
changed their part time work arrangements for the 40 weeks;
(c)Â Â Â Â Â Â at the rate based on the average number
of weekly hours worked during the 40 week period if
they have been on part time leave for more than 40 weeks but have changed their
part time work arrangements during that period.
36.12Â An employee who commences a subsequent period
of maternity or adoption leave for another child within 24 months of commencing
an initial period of maternity or adoption leave will be paid:
(a)Â Â Â Â Â Â at the rate (full time or part time) they
were paid before commencing the initial leave if they have not returned to
work; or
(b)Â Â Â Â Â at a rate based on the hours worked before
the initial leave was taken, where the employee has returned to work and
reduced their hours during the 24 month period; or
(c)Â Â Â Â Â Â at a rate based on the hours worked prior
to the subsequent period of leave where the employee has not reduced their
hours.
36.13Â Except as provided in subclauses 36.2, 36.5
and 36.8 of this clause parental leave shall be granted without pay.
36.14Â Communication During Maternity, Adoption and
Other Parent Leave
(a)Â Â Â Â Â Â Where an employee is on maternity,
adoption or other parent leave and a definite decision has been made to
introduce significant change at the workplace, Service NSW shall take reasonable
steps to:
(i)Â Â Â Â Â Â Make information available in relation to
any significant effect the change will have on the status or responsibility
level of the role the employee held before commencing maternity, adoption or parental leave; and
(ii)Â Â Â Â Â Provide an opportunity for the employee to
discuss any significant effect the change will have on the status or
responsibility level of the role the employee held before commencing maternity,
adoption or parental leave.
(b)Â Â Â Â Â The employee shall take reasonable steps
to inform Service NSW about any significant matter that will affect the
employee’s decision regarding the duration of maternity, adoption
or other parent leave to be taken, whether the employee intends to return to
work and whether the employee intends to request to return to work on a
part-time basis.
(c)Â Â Â Â Â Â The employee shall also notify Service
NSW of changes of address or other contact details which might affect Service
NSW’s capacity to comply with subclause (a) of this Part.
36.15Â Rights of Request During Maternity, Adoption
or Other Parent Leave
(a)Â Â Â Â Â Â An employee entitled to maternity,
adoption or other parent leave may request that Service NSW allow the employee:
(i)Â Â Â Â Â Â To extend the period of unpaid maternity,
adoption or other parent leave for a further continuous period of leave not
exceeding twelve (12) months;
(ii)Â Â Â Â Â To return from a period of maternity,
adoption or other parent leave on a part-time basis until the child reaches
school age;
to assist the
employee in reconciling work and parental responsibilities.
(b)Â Â Â Â Â Service NSW shall consider the request
having regard to the employee’s circumstances and, provided the request is
genuinely based on the employee’s parental responsibilities, may only refuse
the request on reasonable grounds related to the effect on the workplace or
Service NSW business. Such grounds might
include cost, lack of adequate replacement employees, loss of efficiency and
the impact on customer service.
(c)      The employee’s request and Service NSW’s
decision is to be in writing.
The employee’s
request and Service NSW’s decision made under subclause (a) of this Part must
be recorded in writing.
Request to
return to work part-time.
Where an
employee wishes to make a request under paragraph (ii) of subclause (a) of this
Part, such a request must be made as soon as possible but no less than seven
(7) weeks prior to the date upon which the employee is due to return to work
from maternity, adoption or parental leave.
36.16Â Resumption of Duty After Maternity, Adoption
or Other Parent Leave
Employees who
return to work immediately after the expiration of maternity, adoption or other parent leave, are entitled to be placed
in:
(a)Â Â Â Â Â Â The role they held immediately prior to the
taking of leave, if the role still exists; or
(b)Â Â Â Â Â Another role for which they are qualified
and meet the capability requirements for the role, subject to availability, if
the role they held immediately prior to the taking of leave no longer exists.
37. Carer’s Leave
General
37.1Â Â Â Employees may be able to elect to use
available paid sick leave, subject to the conditions specified in this clause,
to provide care and support when a family member is ill.
37.2Â Â Â Employees will be entitled to Carer's Leave
when:
(a)Â Â Â Â Â Â their entitlements to FACS Leave are
exhausted; and
(b)Â Â Â Â Â they are responsible for the care and
support of a category of person set in clause 37.8 of this clause.
37.3Â Â Â Carer's leave is only available for
employees to provide such care and support for people mentioned in clause 37.8
of this Part, where such a family member is ill.
Taking of Carer's
Leave
37.4Â Â Â Sick leave will initially be taken from the
current year's entitlement, followed by the sick leave accumulated over the
previous three (3) years.
37.5Â Â Â In special circumstances, Service NSW may
grant additional sick leave from the sick leave accumulated during the
employee’s eligible service.
37.6Â Â Â If required by Service NSW, employees must
establish by production of a medical certificate or statutory declaration, the
illness of the person concerned.
Categories of People
for Which Carer's Leave can be obtained
37.8Â Â Â Employees will be entitled to Carer's Leave to
provide care and support of their ill:
(a)Â Â Â Â Â Â spouse;
(b)Â Â Â Â Â de facto spouse, being a person of the
opposite sex who lives in the same house as their husband or wife on a bona
fide basis, although they are not legally married;
(c)Â Â Â Â Â Â child or adult child (including an
adopted child, stepchild, foster child or ex-nuptial child);
(d)Â Â Â Â Â parent (including a foster parent or legal
guardian);
(e)Â Â Â Â Â Â grandparent or grandchild;
(f)Â Â Â Â Â Â sibling (including the sibling of a
spouse or de facto spouse);
(g)Â Â Â Â Â same sex partner who they live with as a
de facto partner on a bona fide domestic basis; or
(h)Â Â Â Â Â relative who is a member of the same
household where, for the purposes of this definition -
(i)Â Â Â Â Â Â 'relative' means a person related by
blood, marriage, affinity or Aboriginal kinship structures;
(j)Â Â Â Â Â Â 'affinity' means a relationship that one
spouse or partner has to the relatives of another; and
(k)Â Â Â Â Â 'household' means a family group living in
the same domestic dwelling.
Other forms of leave
and carer’s responsibilities
37.9Â Â Â An employee may elect, with the agreement of
Service NSW, to take recreation leave, or other paid leave to credit, for the
purpose of assisting with Carer’s Responsibilities, at any time within a period
of twenty-four (24) months from the date at which it falls due.
38. Extended Leave
38.1Â Â Â Employees are entitled to extended leave in
accordance with extended leave entitlements contained in Schedule 1 of the
Government Sector Employment Regulation 2014.
38.2Â Â Â Previous government service will be
recognised by Service NSW in accordance with provisions of Schedule 2 of the
Government Sector Employment Regulation 2014.
38.3Â Â Â Nothing in paragraph 38.2 entitles an
employee to payment for previous service recognised where the accrual for that
service has previously been taken as leave or paid out on termination.
39. Sick Leave
39.1Â Â Â An Employee is entitled to take paid accrued
sick leave in accordance with this clause.
39.2Â Â Â Sick leave on full pay accrues day by day to
an employee at the rate of fifteen (15) days per annum, and any such accrued
leave, which is not taken, is cumulative. Employees working part time shall
accrue Sick Leave on a pro rata basis, which will be determined on the average
weekly hours worked.
39.3Â Â Â During the first four (4) months of
employment, an employee can access up to five (5) days paid sick leave even
though that leave has not yet accrued.
39.4Â Â Â Employees are required to provide medical
certificates or other evidence when sick leave exceeds two (2) consecutive
days.
39.5Â Â Â Subject to any restrictions imposed as a result of unsatisfactory attendance, employees are
entitled to take five (5) single days of total sick leave per annum as
uncertified absences, after which all leave requires a medical certificate or
other evidence supporting a sick leave absence.
39.6Â Â Â Sick leave without pay shall count as
service for the accrual of paid sick leave and recreation leave. In all other
respects sick leave without pay shall be treated in the same manner as leave
without pay.
39.7Â Â Â All continuous service as an employee in the
NSW Government Service shall be taken into account for
the purpose of calculating sick leave due. Where the service in the NSW
Government Service is not continuous, previous periods of Government Service
shall be taken into account for the purpose of
calculating sick leave due if the previous sick leave records are available.
Additional Special
Sick Leave
39.8Â Â Â An additional period of sick leave may be
granted in accordance with provisions contained in clause 6-17.12.1 ‘Special
Sick Leave’ of the NSW Government Personnel Handbook.
40. Leave for Matters Arising from Domestic
Violence
40.1Â Â Â Domestic Violence means domestic violence as
defined in the Crimes (Domestic and Personal Violence) Act 2007.
40.2Â Â Â Leave entitlements provided for in clauses
related to Sick Leave and Carer's Leave and FACS Leave, may be used by
Employees experiencing Domestic Violence.
40.3Â Â Â Where the leave entitlements referred to in
paragraph (a) above are exhausted, Service NSW shall grant Special Leave of up
to five (5) days per calendar year to this effect.
40.4Â Â Â Service NSW will need to be satisfied, on
reasonable grounds that Domestic Violence has occurred and may require proof
presented in the form of an agreed document issued by the Police Force, a
Court, a Doctor, a Domestic Violence Support Service or Lawyer.
40.5Â Â Â Personal information concerning Domestic
Violence will be kept confidential by Service NSW.
40.6Â Â Â Service NSW, where appropriate, may
facilitate alternative working arrangements subject to operational
requirements, including changes to working time and changes to work location,
telephone number and email address.
41. Purchased Leave
41.1Â Â Â An employee may apply to enter into a
Purchased Leave Agreement with Service NSW to purchase either 10 days (2 weeks)
or 20 days (4 weeks) additional leave in a twelve-month (12) month period.
41.2Â Â Â Each application will be considered subject
to operational requirements and personal needs and will take
into account business needs and work demands.
41.3Â Â Â The leave must be taken in the twelve-month
(12) month period specified in the Purchased Leave Agreement and will not
attract any leave loading.
41.4Â Â Â The leave will count as service for all
purposes.
41.5Â Â Â The purchased leave will be funded through
the reduction in the employee's ordinary rate of pay for the twelve-month (12)
period of the Purchased Leave Agreement.
41.6Â Â Â The reduced rate of pay for the period of
the Purchased Leave Agreement (purchased leave rate of pay) will be the
employee's ordinary annual salary rate less the number of weeks of purchased
leave multiplied by the employee's ordinary weekly rate of pay, annualised at a
pro rata rate over the twelve-month (12) period.
41.7Â Â Â Purchased leave is subject to the following
provisions:
(a)Â Â Â Â Â Â The purchased leave cannot be accrued and the dollar value of unused leave will be
refunded where it has not been taken in the twelve-month (12) Purchased Leave
Agreement period.
(b)Â Â Â Â Â All other leave taken during the
twelve-month (12) Purchased Leave Agreement period i.e.
including sick leave, recreation leave, extended leave or leave in lieu, will
be paid at the purchased leave rate of pay.
(c)Â Â Â Â Â Â Sick leave cannot be taken during a time
when purchased leave is being taken.
(d)Â Â Â Â Â The purchased leave rate of pay will be
the salary for all purposes including superannuation.
(e)Â Â Â Â Â Â Overtime and salary related allowances
not paid during periods of recreation leave will be calculated using the
employee's hourly rate based on the ordinary rate of pay.
(f)Â Â Â Â Â Â A higher duties payment will not be paid
when purchased leave is being taken.
(g)Â Â Â Â Â Specific conditions governing purchased
leave may be amended from time to time by the Division Head in consultation
with the Association.
(h)Â Â Â Â Â Service NSW may make
adjustments relating to their salary administration arrangements.
42. Observance of Essential Religious or Cultural
Obligations
42.1 Â Â Provided adequate notice as to the need for
the leave is given by the employee to Service NSW and it is operationally
convenient to release the employee from duty, an employee of:
(a)Â Â Â Â Â Â any religious faith who seeks leave for
the purpose of observing essential religious obligations of that faith; or
(b)Â Â Â Â Â any ethnic or cultural background who
seeks leave for the purpose of observing any essential cultural obligations,
may be granted recreation
or extended leave to credit, or leave without pay, to observe their
obligations.
42.2Â Â Â An employee of any religious faith who seeks
time off during daily working hours to attend to essential religious
obligations of that faith, shall be granted such time off by Service NSW,
subject to:
(a)Â Â Â Â Â Â Adequate notice being given by the employee;
(b)Â Â Â Â Â Prior approval being obtained by the
employee; and
(c)Â Â Â Â Â Â The time off being made up in the manner
approved by Service NSW.
43. Lactation Breaks
43.1Â Â Â A lactation break is provided to lactating
mothers for the purposes of breastfeeding, expressing milk or other activity
necessary to the act of breastfeeding or expressing
milk and is in addition to any other rest period and meal break as provided in
this Award.
43.2Â Â Â A full time employee or a part time employee
working more than four (4) hours per day is entitled to a maximum of two (2)
paid lactation breaks of up to thirty (30) minutes each per day.
43.3Â Â Â A part time employee working four (4) hours
or less per day is entitled to only one paid lactation break of up to thirty
(30) minutes on any day so worked
43.4Â Â Â A flexible approach to the timing and
general management of lactation breaks must be taken by the employee and their
manager provided the total lactation break time entitlement is not
exceeded. When giving
consideration to any such requests for flexibility, a manager needs to
balance the operational requirements of the organisation with the lactating
needs of the employee.
43.5Â Â Â Service NSW will provide access to a
suitable, private space with comfortable seating for the purpose of
breastfeeding or expressing milk. Other
suitable facilities, such as refrigeration and a sink, will be provided where
practicable.
43.6Â Â Â Where it is not practicable to provide the
appropriate space or facilities, discussions between the manager and the
employee will take place to attempt to identify reasonable alternative
arrangements for the employee’s lactating needs.
43.7Â Â Â The manager and the employee may be guided
by the following considerations in determining the reasonableness and
practicality of any proposed alternate arrangement:
43.8Â Â Â Whether the employee is required to work at
a site that is not operated or controlled by Service NSW;
(a)Â Â Â Â Â Â whether the employee is regularly
required to travel in the course of performing their duties;
(b)Â Â Â Â Â whether the employee performs field-based
work where access to the facilities in subclause 43.5 are not available or
cannot reasonably be made available; and
(c)Â Â Â Â Â Â the effect that the arrangements will
have on the employee's lactating needs.
43.9Â Â Â Employees experiencing difficulties in effecting
the transition from home-based breast feeding to the workplace will have
reasonable telephone access to a free breastfeeding consultative service, such
as that provided by the Australian Breastfeeding Association's Breastfeeding
Helpline Service or the Public Health System.Â
Access to the service.
(a)Â Â Â Â Â Â shall be granted during paid time;
(b)Â Â Â Â Â is limited to a reasonable period of time
(i.e. if the employee requires extended periods of
consultation, the employee may utilise the provisions of subclause 43.10; and
(c)Â Â Â Â Â Â must be at a time that is mutually
convenient to both the employee and Service NSW.
43.10Â Employees needing to leave the workplace
during time normally required for duty to seek support or treatment in relation
to breast feeding and the transition to the workplace may utilise sick leave in
accordance with clause 39 - Sick Leave of this Award, or access to local
flexible arrangements where applicable.
SECTION 6
TRAINING AND PROFESSIONAL DEVELOPMENT
44. Study Assistance
44.1Â Â Â Eligible employees may be granted leave to
undertake study and enable them to attend examinations. The terms and
conditions on which study leave and examination leave may be granted are set
out in the Service NSW Study Time and Examination Leave Fact Sheet, as amended
from time to time.
SECTION 7
MISCELLANEOUS
45. Grievance and Dispute Settling Procedures
45.1Â Â Â This Award recognises that employees'
grievances should be resolved speedily and effectively without recourse to
industrial action. It is intended that
most issues will be resolved informally between employees and their
supervisors.
45.2Â Â Â All grievances and disputes relating to the provisions
of this award shall initially be dealt with as close to the source as possible,
with graduated steps for further attempts at resolution at higher levels of
authority within Service NSW, if required.
45.3Â Â Â An employee is required to notify in writing
their immediate manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
45.4Â Â Â Where the grievance or dispute involves
confidential or other sensitive material (including issues of harassment or
discrimination under the Anti-Discrimination Act 1977) that makes it
impractical for the employee to advise their immediate supervisor or manager,
the notification may occur to the next appropriate level of management,
including where required, to the Division Head or delegate.
45.5Â Â Â The immediate supervisor, manager, or other
appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty as soon as practicable, following
the matter being brought to their attention.
45.6Â Â Â If the matter remains unresolved with the
immediate manager, the employee may request to meet the appropriate person at
the next level of management in order to resolve the
matter. This manager should respond as soon as practicable. The employee may
pursue the sequence of reference to successive levels of management until the
matter is referred to the Division Head.
45.7Â Â Â If the matter remains unresolved, the
Division Head shall provide a written response to the employee and any other
party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
45.8Â Â Â An employee, at any stage, may request to be
represented by the Association.
45.9Â Â Â The employee or the Association on their
behalf or the Division Head may refer the matter to the New South Wales
Industrial Relations Commission if the matter is unresolved following the use
of these procedures.
45.10Â Whilst the procedures outlined in subclauses
45.1 to 45.9 of this clause are being followed, normal work undertaken prior to
notification of the dispute or difficulty shall continue unless otherwise
agreed between the parties, or, in the case involving occupational health and
safety, if practicable, normal work shall proceed in a manner which avoids any
risk to the health and safety of any employee or member of the public.
46. Anti-Discrimination
46.1Â 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 to prevent and eliminate discrimination in the
workplace. This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
46.2Â Â Â It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this Award the
parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this Award are not directly or indirectly
discriminatory in the effects. It will
be consistent with the fulfilment of these obligations for the parties to make
application to vary any provisions of the award, which by its terms or
operation, has a direct or indirect discriminatory effect.
46.3Â Â Â Under the Anti-Discrimination Act
1977, it is unlawful to victimise an employee because the employee has made or
may make or has been involved in a complaint of unlawful discrimination or
harassment.
46.4Â Â Â Nothing in this clause is to be taken to
affect:
(a)Â Â Â Â Â Â Any conduct or act which is specifically
exempted from anti-discrimination legislation;
(b)Â Â Â Â Â Offering or providing junior rates of pay
to persons under 21 years of age;
(c)Â Â Â Â Â 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;
(d)Â Â Â Â Â A party to this award from pursuing
matters of unlawful discrimination in any State or federal jurisdiction.
46.5Â 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.
(a)Â Â Â Â Â Â Employers and employees may also be
subject to Commonwealth anti-discrimination legislation.
(b)Â Â Â Â Â Section 56(d) of the Anti-Discrimination
Act 1977 provides:
"Nothing
in the Act affects any other act or practice of a body established to propagate
religion that conforms to the doctrines of that religion or is necessary to
avoid injury to the religious susceptibilities of the adherents of that
religion."
47. Secure Employment
47.1Â Â Â Work Health and Safety
For the
purposes of this subclause, the following definitions shall apply:
(a)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 another employer for the purpose
of such staff performing work or services for that other employer.
(b)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 another employer to provide a specified service
or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other
employer’s own employees.
47.2Â Â Â Any employer which
engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(a)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;
(b)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;
(c)Â Â Â Â Â Â provide employees of the labour hire
business and/or contract business with appropriate personal protective equipment
and/or clothing and all safe work method statements that they would otherwise
supply to their own employees; and
(d)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.
47.3Â Â Â Nothing in this subclause is intended to
affect or detract from any obligation or responsibility upon a labour hire
business arising under the Work Health & Safety Act 2011 and
Regulations 2011 or the Workplace Injury Management and Workers Compensation
Act 1998.
47.4Â Â Â Disputes Regarding the Application of this
Clause
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.
47.5Â Â Â 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.
48. No Extra Claims
48.1Â Â Â 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 2023 by a party to this Award.
SCHEDULE A
SERVICE NSW SALARIES
SNSW Salary Scale Grades
|
1.7.21
|
1.7.22
|
|
Per annum
|
Per annum
|
|
$
|
$
|
Grade 1
|
Year 1
|
41,376
|
42,423
|
Year 2
|
45,382
|
46,530
|
Year 3
|
51,882
|
53,195
|
Grade 2
|
Year 1
|
54,718
|
56,102
|
Year 2
|
57,203
|
58,650
|
Year 3
|
59,330
|
60,831
|
Grade 3
|
Year 1
|
62,998
|
64,592
|
Year 2
|
65,948
|
67,616
|
Year 3
|
69,022
|
70,768
|
Grade 4
|
Year 1
|
 71,126
|
72,925
|
Year 2
|
 73,918
|
75,788
|
Year 3
|
 76,825
|
78,769
|
Grade 5
|
Year 1
|
79,465
|
81,475
|
Year 2
|
82,033
|
84,108
|
Year 3
|
83,512
|
85,625
|
Grade 6
|
Year 1
|
85,345
|
87,504
|
Year 2
|
87,937
|
90,162
|
Year 3
|
90,813
|
93,111
|
Grade 7
|
Year 1
|
92,788
|
95,136
|
Year 2
|
96,064
|
98,494
|
Year 3
|
97,927
|
100,405
|
Grade 8
|
Year 1
|
101,944
|
104,523
|
Year 2
|
106,083
|
108,767
|
Year 3
|
109,396
|
112,164
|
Grade 9
|
Year 1
|
114,429
|
117,324
|
Year 2
|
117,715
|
120,693
|
Year 3
|
123,014
|
126,126
|
Grade 10
|
Year 1
|
126,120
|
129,311
|
Year 2
|
131,094
|
134,411
|
Year 3
|
137,826
|
141,313
|
Grade 11
|
Year 1
|
142,087
|
145,682
|
Year 2
|
148,270
|
152,021
|
Year 3
|
151,609
|
155,445
|
Grade 12
|
Year 1
|
160,480
|
164,540
|
Year 2
|
165,165
|
169,344
|
Year 3
|
170,935
|
175,260
|
SCHEDULE B
SERVICE NSW RATES AND ALLOWANCES
The following rates
and allowance amounts for Service NSW are effective
from 1 July 2022. These are adjusted in accordance with the reasonable
allowances amounts for the appropriate income year as published by the
Australian Taxation Office, the Consumer Price Index for Sydney during the
preceding year (March quarter figures), or the salary increase applied, as
appropriate.
Meal and travelling
allowances listed in Items 1, 2, 3, 4 and 5 have been adjusted from 1 July 2022
in line with the reasonable allowances amounts for the appropriate income year
as published by the Australian Taxation Office and Consumer Price Index for
Sydney during the preceding year (March quarter figures). Work related
allowances in Items 6, 7 and 8 are increased by 2.53 per cent on and from the
first full pay period (ffpp)on or after 1 July 2022,
being the same increase as applied to salaries under the Service NSW (Salaries
and Conditions) Employees Award 2022.Â
Item No
|
Clause No.
|
Description
|
Amount
1.7.22
$
|
|
|
|
|
1
|
19.4(b)
|
Meal expenses
on one day journeys
|
Per day
|
|
|
Capital cities and
high cost country centres
|
|
|
|
Breakfast (no
overnight stay)
|
$29.90
|
|
|
Lunch (no
overnight stay)
|
$33.65
|
|
|
Dinner (no
overnight stay)
|
$57.30
|
|
|
Tier 2 and
other country centres
|
|
|
|
Breakfast (no
overnight stay)
|
$26.80
|
|
|
Lunch (no overnight
stay)
|
$30.60
|
|
|
Dinner (no
overnight stay)
|
$52.75
|
|
|
|
|
2
|
19.4(a)
|
Travelling
allowances
|
|
|
|
Capital cities
|
Per
day
(inclusive of
accommodation, meals, and incidental expenses allowance)
|
|
|
|
|
|
|
Adelaide
|
$299.15
|
|
|
Brisbane
|
$317.15
|
|
|
Canberra
|
$310.15
|
|
|
Darwin
|
$362.15
|
|
|
Hobart
|
$289.15
|
|
|
Melbourne
|
$315.15
|
|
|
Perth
|
$322.15
|
|
|
Sydney
|
$340.15
|
|
|
|
|
|
|
High
cost country centres (NSW)
|
Per
day
(inclusive of accommodation, meals, and incidental expenses
allowance)
|
|
|
Armidale
|
$289.15
|
|
|
Bathurst
|
$283.15
|
|
|
Bega
|
$287.15
|
|
|
Bourke
|
$307.15
|
|
|
Broken Hill
|
$294.15
|
|
|
Cobar
|
$286.15
|
|
|
Coffs Harbour
|
$290.15
|
|
|
Dubbo
|
$290.15
|
|
|
Gosford
|
$287.15
|
|
|
Griffith
|
$280.15
|
|
|
Lismore
|
$286.15
|
|
|
Maitland
|
$305.15
|
|
|
Mudgee
|
$306.15
|
|
|
Muswellbrook
|
$299.15
|
|
|
Newcastle
|
$327.15
|
|
|
Norfolk Island
|
$332.15
|
|
|
Nowra
|
$289.15
|
|
|
Orange
|
$318.15
|
|
|
Port Macquarie
|
$312.15
|
|
|
Queanbeyan
|
$281.15
|
|
|
Wagga Wagga
|
$296.15
|
|
|
Wollongong
|
$300.15
|
|
|
|
|
|
|
Tier 2 country centres (NSW)
|
Per day
|
|
|
Albury
|
$265.45
|
|
|
Cooma
|
$265.45
|
|
|
Cowra
|
$265.45
|
|
|
Goulburn
|
$265.45
|
|
|
Grafton
|
$265.45
|
|
|
Gunnedah
|
$265.45
|
|
|
Inverell
|
$265.45
|
|
|
Narrabri
|
$265.45
|
|
|
Tamworth
|
$265.45
|
|
|
Taree
|
$265.45
|
|
|
Tumut
|
$265.45
|
|
|
|
|
|
|
All Other country centres (NSW)
|
$249.45
|
|
|
|
|
3
|
19
|
Incidental expenses when claiming actual expenses – all
locations
|
$21.30
|
|
|
Daily allowance payable after 35 days and up to 6 months in
the same location – all locations
|
50% of the appropriate location rate
|
|
|
|
|
4
|
17.11
|
Overtime meal allowances
|
|
|
|
Breakfast
|
$33.25
|
|
|
Lunch
|
$33.25
|
|
|
Dinner
|
$33.25
|
|
|
Supper
|
$12.40
|
|
|
|
|
5
|
22
|
Remote areas allowance
|
Per annum
|
|
|
With dependants
|
|
|
|
- Grade A
|
$2,271 pa
|
|
|
- Grade B
|
$3,013 pa
|
|
|
- Grade C
|
$4,023 pa
|
|
|
Without dependants
|
|
|
|
- Grade A
|
$1,586 pa
|
|
|
- Grade B
|
$2,041 pa
|
|
|
- Grade C
|
$2,818 pa
|
|
|
|
|
6
|
|
Community language allowance scheme
(effective ffpp
on or after 1 July 2022)
|
Per annum
|
|
|
- Base Level Rate
|
$1,519
|
|
|
- Higher Level Rate
|
$2,285
|
|
|
|
|
7
|
|
First aid allowance
|
Per annum
|
|
|
(effective ffpp
on or after 1 July 2022)
|
|
|
|
- Holders of basic qualifications
|
$979 pa
|
|
|
- Holders of current occupational first aid certificate
|
$1,470 pa
|
|
|
|
|
8
|
|
On-call (stand-by) and on-call allowance
|
$1.06 per hour
|
|
|
(effective ffpp
on or after 1 July 2022)
|
|
|
|
|
|
|
N. CONSTANT, Chief Commissioner
D. SLOAN, Commissioner
J. WEBSTER, Commissioner
____________________
Printed by the authority of the
Industrial Registrar.