Broken Hill City Council Consent Award 2022
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Broken Hill City Council.
(Case No. 259308 of 2022)
Before Commissioner Sloan
|
7 November 2022
|
Arrangement
Clause No. Subject Matter
1. Title
2. Statement of Intent
3. Definitions
4. Area, Incidence and Duration
5. Anti-Discrimination
6. Hours of Work - General Provisions
7. Ordinary Hours of Work For Employees
Engaged Prior to 21 December 2015
7A. Saturday and Sunday Work for Employees
Engaged Prior to 21 December 2015
8. Ordinary Hours for Employees Engaged On
or After 21 December 2015
8A. Saturday and Sunday Work for Employees
Engaged on or After 21 December 2015
9. Shift Work
10. Starting Point
11. Garaging
12. Part Time Employees
13. Casual Employees
14. Overtime
14A. On Call Allowance
14B. Remote Response
14C. Call Back
14D. Quick Shift
14E. Broken Shift
14F. Project Work
15. Meal Breaks
16. Annualised Salary Agreements (ASA)
17. Council Agreements
18. Trainees
19. Skills Based System of Pay and Rates of
Pay
20. Skill Descriptors
20. Annual Assessment and Progression Rules
21. Allowances and Reimbursements
22. Use of Skills
23. Salary Packaging and Sacrifice
24. Superannuation
25. Payment of Employees
26. Annual Leave - General Provisions
27. Annual Leave
28. Annual Leave – Waste Services Employees
Engaged prior to 1 July 2022
29. Long Service Leave
30. Sick Leave
31. Carer’s Leave
32. Bereavement Leave
33. Parental Leave
34. Paid Maternity Leave
35. Leave Without Pay
36. Family and Domestic Violence Leave
37. Flexibility for Work and Family
Responsibilities
38. Public Holidays
39. Trade Union Training Leave
40. Trade Union Conference Leave
41. Jury Service Leave
42. Army Reserve Training
43. Consultative Committee Aim
44. Disciplinary Procedures
45. Dispute Resolution Procedure
46. Workplace Change
47. Termination of Employment
48. Redundancy - General Application, Process
and Consultation
49. Redundancy - Employees Engaged Prior to 21
December 2015
50. Redundancy - Employees Engaged
on Or After 21 December 2015
51. Work, Health and Safety
52. Labour Hire and Contract Businesses
53. Outsourcing
54. Accident Pay
55. Further Education
56. Leave Reserved and No Further Claims
SCHEDULES
Schedule 1 -
Weekly Rates of pay
Schedule 2 -
Allowances
Schedule 3 -
Progression guidelines
\
PART
1
APPLICATION AND OPERATION OF THIS
AWARD
1. Title
This Award is the Broken Hill City Council Consent Award 2022.
2. Statement.
of Intent
The parties to the Award are committed to cooperate in a positive manner
to increase the productivity, structural efficiency, financial sustainability
and competitiveness of Local Government service provision within Broken Hill
and to provide employees with access to fulfilling and varied work by providing
measures to, for instance:
Ensure the
efficient delivery of quality services to the community;
Improve
knowledge and skill levels;
Establish
skill related career paths;
Eliminate
impediments to multiskilling and broaden the range of tasks which an employee
may be required to perform;
Eliminate
discrimination;
Maintain rates
of pay, conditions and hours which are fair, equitable and competitive;
Ensure and
facilitate flexible work practices;
Encourage
innovation and continuous improvement; and
Promote
cooperation and open communication and change management
3. Definitions
In this Award, unless the contrary intention appears:
"Act" means the Industrial Relations Act 1996 (NSW) as
amended.
"ASA" means Annualised Salary Agreement and operates in
accordance with Clause 16 of this Award.
"Award" means the Broken Hill City Council Consent Award 2018.
"Council" means the Broken Hill City Council.
"Employee" means a person employed by Broken Hill City
Council.
"Ordinary pay" means remuneration for the employee's normal
weekly number of hours of work calculated at the ordinary time rate of pay.
Ordinary pay will include, and not be limited to the following penalties and
allowances where they are regularly received.
Saturday,
Sunday and shift penalties;
Tool
allowances;
On call
allowance;
First Aid
allowance; and
Community
language and signing work allowances.
Overtime payments
and all other allowances will be excluded from the composition of ordinary pay.
"Salaried Office Employee" means an employee engaged in one of
the following functions:
Administration;
Building
Surveying;
Engineering
(Professional);
Executive
Band;
Finance;
Health
Surveying;
Library;
Public
Relations;
Technical
Services;
Tourism; and
Town Planning.
"Union" means the Barrier Industrial Council (BIC) and its affiliated
unions.
"Wages Employee" means an employee engaged in any functions
not otherwise specified in the definition of salaried office employee.
4. Area, Incidence and Duration
4.1 This Award will apply to all
employees of Broken Hill City Council, excluding those employees defined as
senior staff by the Local Government Act 1993 (NSW).
4.2 This Award will rescind
and replace the Broken Hill City Council Consent Award 2018 which was last
amended by the Commission on 16 August 2022 (392 I.G. 729) and all variations
of that Award.
4.3 This Award will take
effect from 1 July 2022 and will remain in force until the end of the calendar
day of 30 June 2025.
4.4 In Schedule 1 the
Award provides for a 4.00% increase in rates of pay to operate from the first
full pay period to commence on or after 1 July 2022.
4.5 In Schedule 1 the Award
provides for a 3.25% increase in rates of pay to operate from the first full
pay period to commence on or after 1 July 2023.
4.6 In Schedule 1 the Award provides for a
3.25% increase in rates of pay to operate from the first full pay period to
commence on or after 1 July 2024.
4.7 This award will be made by
the Industrial Relations Commission of New South Wales and be known as the
Broken Hill City Council Consent Award 2022. The parties to the Award are as
follows:
Broken Hill City Council;
The Barrier
Industrial Council;
The United
Services Union.
5. Anti-Discrimination
5.1 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.
5.2 It follows that in
fulfilling their obligations under the dispute resolution procedure prescribed
by this award the parties have obligations to take all reasonable steps to
ensure that the operation of the provisions of this award are not directly or
indirectly discriminatory in their effects. It will be consistent with the
fulfilment of these obligations for the parties to make application to vary any
provision of the award which, by its terms or operation, has a direct or
indirect discriminatory effect.
5.3 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.
5.4 Nothing in this clause is
to be taken to affect:
(a) any conduct or act which is specifically
exempted from anti-discrimination legislation;
(b) offering or providing junior rates of
pay to persons under 21 years of age;
(c) any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to this award from pursuing
matters of unlawful discrimination in any State or federal jurisdiction.
5.5 This clause does not
create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
NOTES
(a) Employers and employees
may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination
Act 1977 (NSW) provides:
"Nothing in the Act affects ... any
other act or practice of a body established to propagate religion that conforms
to the doctrines of that religion or is necessary to avoid injury to the
religious susceptibilities of the adherents of that religion."
PART 2
HOURS OF WORK,
OVERTIME AND RELATED MATTERS
6. Hours.
of Work - General Provisions
6.1 Employment with Council is
subject to the satisfactory completion of a probationary period.
(a) The probationary period
will be for three (3) months duration; however Council may require a maximum
period of six (6) months for employees above Grade 16 (Band 3 Level 2).
(b) During the probation
period, employees will be provided with the appropriate training and
instruction to enable them to perform the duties and functions of the position.
(c) During the probation period
the employee will be advised of any areas of concern and expected performance
outcomes.
(d) At the successful
conclusion of the probation period, the employee will be offered a permanent
position by Council in accordance with the employee’s original appointment
status, i.e. in a full-time or part-time capacity.
6.2 The ordinary hours of work
for full time Salaried Office Employee will be 70 per fortnight.
6.3 The ordinary hours of work
for full time Wages employees will be no more than 76 hours per fortnight.
6.4 Where operational
requirements permit, employees are entitled to receive a rostered day off once
in every two (2) week period, or once in any other period as may be mutually
agreed between the employee and Council.
(a) It is essential that all
employees working a nine (9) day fortnight be aware that the first priority is
the maintenance of acceptable work flows.
Accordingly, there will need to be co-operation between Council
employees and managers in the planning of rostered working days so that
adequate staff resources are available to all time to service public needs as
well as providing interdepartmental office communication and services.
(b) The rostered day off may be altered by
mutual consent or by the employer with two weeks’ notice where there are
genuine operational or safety reasons.
(c) Rosters are to be
prepared by managers and/or departmental heads at least two weeks in advance.
(d) When a public holiday
clashes with a rostered day off, the general rule will be to take the next
working day as a rostered day off.
(e) Approval to accumulate
rostered days off may be granted in special circumstances by the employee’s
manager and/or departmental head.
(f) Approval to accumulate rostered days off
may be granted in special circumstances by the employee’s manager and/or
departmental head.
6.5 Notwithstanding clause 6.4, all employees
receiving a rostered day off prior to 1 July 2022 are entitled to retain that
arrangement as long as they remain in the same position with Council.
7. Ordinary Hours of Work for Employees Engaged
Prior to 21 December 2015
7.1 A Salaried Office employee
engaged prior to 21 December 2015 will continue to commence at 8.30am and finish
at 5.00pm and work for 7 hours and 46 minutes exclusive of a 44 minute unpaid
meal break.
7.2 A Wages employee engaged
prior to 21 December 2015 will continue to commence at 7.00am and finish at
3.26pm and work for 8 hours and 26 minutes inclusive of a paid meal break.
7.3 Notwithstanding subclauses
7.1 and 7.2, an employee engaged prior to 21 December 2015 may alter their
commencement and/or finishing times by agreement.
7.4 Notwithstanding subclauses 7.1, 7.2 and
7.3, Council may vary an employee’s commencement and finishing times where it
has engaged in reasonable consultation before doing so.
7.5 Where Council seeks to
vary an employee’s commencement and finishing times outside the span of hours
of 6am to 6pm there must be prior agreement with the employee and Council, in
consultation with the union.
7.6 Except as otherwise
provided, the ordinary hours for all employees will be between Monday and
Friday.
7A. Saturday and Sunday Work for Employees
Engaged Prior to 21 December 2015
7.7 The ordinary hours for
employees engaged in the following functions and positions will be between
Monday and Sunday:
(a) Council’s Visitor
Information Centre;
(b) The Library;
(c) The Civic Centre;
(d) The Geo Centre;
(e) The Art Gallery;
(f) Waste Services including
Street sweeping;
(h) Pool Attendants;
(i) Pool Cleaners;
(j) Airport Reporting
Officers;
(k) Community Safety
Officer/Ranger; and
(l) The Living Desert Rangers.
7.8 Except as otherwise provided, ordinary
hours worked by a full time or permanent part time employee at the Visitors
Information Centre, Library, Entertainment Centre, Geo Centre and Art Gallery
on a Saturday will attract a 25% penalty in addition to the ordinary hourly
rate of pay. Ordinary hours worked on a Sunday will attract a 50% penalty in
addition to the ordinary hourly rate of pay.
7.9 Ordinary
hours worked on a Saturday or a Sunday by Waste Service Employees will attract
a 50% penalty for work between midnight on Friday and midnight Saturday, and a
100% penalty for work between midnight on Saturday and midnight on Sunday.
Where a full time or part time Waste Service employee who works ordinary hours
on the weekends is in receipt of an over-award payment, they will not receive
the penalty.
7.10 An
employee may request to work ordinary hours on a Saturday and/or Sunday in lieu
of ordinary hours the employee would otherwise be rostered to work.
(a) An employee’s request
must be in writing and be forwarded to Council and the Union. In addition the
request must outline a period within which the arrangement is to be reviewed by
Council and the Union;
(b) Council and the Union will
not unreasonably withhold agreement to such a request;
(c) Any such agreement will
not apply to new or vacant positions;
(d) Where an employee requests
to work ordinary hours on a Saturday and/or a Sunday under the provisions of
this sub-clause, Council will not be required to pay the penalty rate
prescribed by sub-clauses 7.8, and 7.9
7.11 Where an employee and
Council agree, an employee engaged prior to 1 November 2015 may request to be
permanently transferred to a Monday to Sunday spread and where such a request
is agreed, the employee will be entitled to receive the penalties in accordance
with clause 7.8 and 7.9.
7.12 Where an employee engaged
prior to 21 December 2015 applies for and is successful in a vacant or new
position in any of the functions listed in 8.7, they will receive the penalties
in accordance with subclauses 8.8, 8.9 and 8.10.
8. Ordinary Hours for Employees Engaged On Or
After 21 December 2015
8.1 The ordinary hours of work for full time
Salaried Office Employee will be 70 per fortnight.
8.2 The ordinary hours of work for full time
Wages employees will be no more than 76 hours per fortnight.
8.3 A salaried office employee will be
entitled to an unpaid meal break of 44 minutes.
8.4 A wages employee will be entitled to a
paid 30 minute meal break.
8.5 The ordinary hours will not exceed 10 in
any one day inclusive of paid/unpaid meal breaks and will, except as otherwise
provided, be worked between 6am and 6pm.
8.6 Except as otherwise provided, the
ordinary hours for all employees will be between Monday and Friday.
8.7 The ordinary hours for employees engaged
in the following functions will be between Monday and Sunday:
(a) Tourism Services, including the Visitor
Information Centre;
(b) Entertainment Services, including Civic
Centre operations, Hospitality;
(c) Cultural Services, including Geo Centre
employees, Art Gallery employees, Library and Living Desert Ranger;
(d) Waste Services;
(e) Aquatic facilities, including pool
attendants/cleaners;
(f) Airport staff including Airport reporting
officer;
(g) Rangers/ Enforcement Officers;
(h) Parks and Open Spaces;
(i) Crematorium and Cemetery;
(j) Trade functions;
(k) Road construction and maintenance;
(l) Cleaning.
8A. Saturday and Sunday Work for Employees
Engaged on or after 21 December 2015
8.8 Except as otherwise provided, ordinary
hours worked by full time and permanent part time employees employed in Tourism
and Cultural services, Aquatic facilities, Ranger/ Enforcement Officers and
Entertainment Services on a Saturday will attract a 25% penalty in addition to
the ordinary hourly rate of pay and ordinary hours worked on a Sunday will
attract a 50% penalty in addition to the ordinary hourly rate of pay.
8.9 Ordinary hours worked on a Saturday or a
Sunday by Waste Services, Parks and Open Spaces, Crematorium and Cemetery,
Trade Functions, Road Construction and Maintenance; Airport Staff and Cleaning
employees will attract a 50% penalty for work between midnight Friday and
midnight Saturday and a 100% penalty for work between midnight Saturday and
midnight Sunday.
8.11 An employee may request to work ordinary
hours on a Saturday and/or Sunday in lieu of ordinary hours the employee would
otherwise be rostered to work.
(a) An employee’s request must be in writing
and be forwarded to Council and the Union. In addition the request must outline
a period within which the arrangement is to be reviewed by Council and the
Union;
(b) Council and the Union will not unreasonably
withhold agreement to such a request;
(c) Any such agreement will not apply to new
or vacant positions;
(d) Where an employee requests to work
ordinary hours on a Saturday and/or a Sunday under the provisions of this
sub-clause, Council will not be required to pay the penalty rate prescribed by
sub-clauses 8.8, 8.9 and 8.10
9. Shift Work
9.1 Except as otherwise provided ordinary hours
worked by employees, outside the span referred to in subclause 7.5 will attract
a 20% shift penalty in addition to the ordinary hourly rate of pay for the
actual time worked outside the span.
9.3 Employees engaged in the following
functions will be entitled to a 20% shift penalty in addition to the ordinary
hourly rate of pay for the actual time worked outside the following times:
Cleaners
|
5.00am to 9.00pm
|
Entertainment
Services (including Civic Centre Operations, Hospitality)
|
6.00am to 11.00pm
|
Libraries
|
8.00am to 9.00pm
|
Aquatic
facilities
|
5.00am to 9.00pm
|
Living Desert
Ranger
|
6.00am to 9.00pm
|
9.4 Shift penalties will be payable for ordinary
work performed between Monday and Friday and will not be paid on weekends.
9.5 An employee may request to work ordinary hours
outside the span of 6:00am and 6:00pm or any of the other spans detailed in
sub-clauses 9.1, 9.2 and 9.3 in lieu of the ordinary hours the employee would
otherwise be rostered to work.
(a) An employee’s request must be in writing
and be forwarded to Council and the Union.
In addition the request must outline a period within which the
arrangement is to be reviewed by Council and the Union;
(b) Council and the Union will not
unreasonably withhold agreement to such a request;
(c) Any such agreement will not then apply to
new or vacant positions;
(d) Where an employee requests to work
ordinary hours outside the relevant span of hours under the provisions of this
sub-clause, Council will not be required to pay a shift penalty for the actual
time worked.
10. Starting Point
10.1 All employees will start and finish at the
various council depots and facilities. Employees may be required to start and
finish at the work site if practical.
11. Garaging
11.1 All time necessary in garaging of machines will
be included in Council’s time.
12. Part Time Employees
12.1 A part-time employee will mean an employee
who is engaged on the basis of a regular number of hours which are less than
the full-time ordinary hours in accordance with subclauses 6.2 and 6.3 of the
Award.
12.2 Prior to commencing part-time work Council
and the employee will agree upon the conditions of work including:
(a) The hours to be worked by the employee,
the days upon which they will be worked and the commencing times for the work.
(b) The nature of the work to be performed.
(c) The rate of pay as paid in accordance
with this Award.
12.3 The conditions may also stipulate the period
of part-time employment and may be varied by consent.
12.4 The conditions or any variation to them must
be in writing and retained by Council. A copy of the conditions and any
variations to them must be provided to the employee by Council.
12.5 Unless otherwise provided where a public
holiday falls on a day where a part-time employee would have regularly worked
the employee will be paid for the hours normally worked on that day.
12.6 By agreement a part-time employee may work
more than their regular number of hours at the ordinary hourly rate. The maximum amount of hours that a part-time
employee may work at the ordinary hourly rate is the hours prescribed by
sub-clauses 6.2 and 6.3.
12.7 Part-time employees will receive all
conditions prescribed by the Award on a pro rata basis of the regular hours
worked. An adjustment to the accrued leave entitlements may be required at the
conclusion of each service year based on the proportion of actual hours worked.
13. Casual Employees
13.1 A casual employee will mean an employee
engaged on a day to day basis.
13.2 A casual employee will be paid for a
minimum of three hours, for each engagement, except for attendance at scheduled
employee or team meetings, for which payment will be made at the appropriate
rate for time actually worked, with a minimum of one (1) hour.
13.3 Notwithstanding clause 13.2, casual
employees may be engaged for less than three (3) hours but no less than two (2)
hours in the following functions:
(a) after school employment;
(b) events; and
(c) training sessions, and to back up staff
participating in training.
13.4 A casual employee will be paid the hourly
rate for ordinary hours worked.
13.5 A casual employee will be entitled to a 25
per cent loading, calculated on the ordinary hourly rate. This loading will not
attract any penalty. This loading will be paid in lieu of all leave and
severance pay, except paid maternity leave. Casual loading is not payable on
overtime.
13.6 A casual employee may work a maximum amount
of hours as prescribed by sub-clauses 6.2 and 6.3 at ordinary time. Overtime will be paid where a casual employee
works outside the ordinary hours for the position. In cases where there are no ordinary hours
for the position, overtime will be paid for the hours worked in excess of those
prescribed in sub-clauses 6.2 and 6.3
13.7 Subject to the reasonable overtime
provisions of sub-clause14.1, a casual employee will not be offered to work
overtime in a position held by an employee of Council, if the employee of
Council is available to work that overtime.
13.8 Casual employees who work on Saturday and/or
Sunday are entitled to the penalty rates prescribed by the relevant subclauses
7.8, 7.9, 8.8 or 8.9. The penalties are
calculated on the ordinary hourly rate.
13.9 Casual employees who work outside the
relevant span of hours are entitled to the relevant shift penalties prescribed
by the relevant subclauses 7.8, 7.9, 8.8 or 8.9. The shift penalty is calculated on the
ordinary hourly rate.
13.10 Casual employees engaged on a regular and
systematic basis will:
(a) Have access to annual assessment under
council's salary system
(b) Have their service as a casual counted as
service for the purpose of calculating long service leave where the service as
a casual employee is continuous with their appointment to a permanent position
on council's structure. In calculating the long service leave entitlement of
casual employees, there will be a deduction of the long service leave accrued
whilst the employee was employed as a casual and paid the loading identified in
sub-clause 13.4.
13.11 A casual employee will not replace an employee
of council on a permanent basis.
13.12 Carer’s entitlements will be available for
casual employees as set out in sub-clause 31.9 of this Award.
13.13 Bereavement entitlements will be available for
casual employees as set out in sub-clause 31.2 of this Award.
13.14 Parental leave entitlements will be available
for casual employees in accordance with Clause 34 and Part 4, Parental Leave,
of the Industrial Relations Act 1996 (NSW).
14. Overtime
14.1 Except where otherwise provided Council may
require an employee to work reasonable overtime.
(a) An employee may refuse to work overtime
in circumstances where the working of such overtime would result in the
employee working hours which are unreasonable.
(b) What constitutes unreasonable working
hours will be determined having regard to:
any risk to
the employee;
the employee’s
personal circumstances including any family and carer’s responsibilities;
the needs of
the workplace;
the notice, if
any, given by Council of the overtime and by the employee of their intention to
refuse it; and any other matter.
14.2 Overtime will be paid at double time,
inclusive of the days pay.
14.3 Any employee who has completed normal and
regular hours of work and is on the premises at the time of the request, and is
called to work overtime, other than planned overtime, of less than four (4)
hours, will be paid for the time worked.
14.4 Where an employee is required to work after
finishing time for a period in excess of 1 ½ hours, then the employee will be
provided with a meal, or alternatively, the employee will be paid the allowance
set out in the Table in Schedule 2.
If overtime
continues beyond 1 ½ hours then, for each additional four hours worked an
additional meal will be provided or, alternatively, the employee will be paid
the allowance set out in the Table in Schedule 2.
14.5 Except as otherwise provided, where a meal
is due and overtime is to extend beyond that time, a paid break of twenty (20)
minutes will be allowed in which to eat the meal.
14.6 Transport will be provided for all employees
required to work on other than planned work which is outside their normal
working time.
14.7 A wages employee will receive a paid thirty
(30) minute meal break or in lieu, an allowance, as set out in the Table in
Schedule 2, after four (4) continuous hours on any or all overtime worked on
Saturdays and Sundays.
14.8 Council will keep a record of all overtime
worked and will pay for authorised overtime.
14.9 For the purposes of calculating overtime each
day will stand alone, provided however that where any period is continuous and
extends beyond midnight, all overtime hours in this period will be regarded as
if they had occurred within the day first occurring.
14.10 Consistent with Council’s travel policy, the
above provisions do not apply to those employees required to travel for work.
14A. On Call Allowance
14.11 An employee will be deemed to be on-call if
required by Council to be available for duty outside of ordinary hours at all
times in order to attend emergency and/or breakdown work.
14.12 Employees who are required to be on-call are
not required to remain at their usual place of residence or other place
appointed by Council. However, an
on-call employee must be able to be contacted and be able to respond within a
reasonable time.
14.13 Employees required to be on-call on days when
they would ordinarily work, or would have ordinarily worked but for a public
holiday, will be paid an allowance in accordance with Schedule 2.
14.14 Employees required to be on-call on days other
than their ordinary working days will be paid an on-call allowance in
accordance with Schedule 2
14.15 The on-call allowances in sub-clauses 14.13
and 14.14 will not total more than the amount as stated in Schedule 2, in any
one week.
14.16 Employees on-call who are required to work
outside their ordinary hours will be entitled to be paid overtime at the
appropriate rate for hours worked and such rate will be paid from the time that
the employee departs for work. On-call
employees are not subject to the minimum payment provisions of sub-clause 38.5
on a public holiday.
14B. Remote Response
14.17 An employee who is in receipt of an on call
allowance and available to immediately:
(a) respond to phone calls or messages;
(b) provide advice (‘phone fixes’);
(c) arrange call out/rosters of other
employees; and
(d) remotely monitor and/or address issues by
remote telephone and/or computer access,
will be paid the
applicable overtime rate for the time actually taken in dealing with each
particular matter, except where the employee is recalled to work (NOTE:
subclause14.16 applies where an on-call employee is recalled to work)
14.18 An employee remotely responding will be
required to maintain and provide the employer a time sheet of the length of
time taken in dealing with each matter remotely for each day commencing from
the first remote response. The total overtime paid to an employee for all time
remotely responding in any day commencing from the first response will be
rounded up to the nearest 15 minutes.
14.19 The employer, may be agreement, make an
average payment equivalent to an agreed period of time per week where the
employee is regularly required to remotely respond as defined in subclause
14.17.
14C. Call Back
14.20 Any employee of Council who has completed
their normal and regular hours of work and is off the premises at the time of
request, is called to work overtime, other than planned overtime, of less than
four hours, will be paid the appropriate overtime rate for a minimum of four
(4) hours.
14D. Quick Shift
14.21 An employee who works so much overtime between
the completion of ordinary work on one shift and the commencement of ordinary
work on the next shift that they have not had at least eight consecutive hours
off duty between will be paid double time if instructed to resume work or
released from work and entitled to an eight hour break without loss of pay.
14E. Broken Shift
14.22 A permanent employee called upon to work a
broken shift will be paid the indexed allowance based upon that currently
applicable per shift in addition to their ordinary pay. A broken shift will not exceed a span of twelve
(12) hours.
14F. Project Work
14.23 Project staff who work additional hours
outside their ordinary hours Monday to Friday will be paid the first two (2)
hours of any day Monday to Friday at time and a half or at time in lieu on an
hour for hour basis at the employee’s request. Any hours worked over two (2)
hours on any Monday to Friday will be paid at double time.
15. Meal Breaks
15.1 Council must not require an employee to work
for more than 5 hours continuously without an interval of at least 30 minutes
for a meal.
15.2 Except as otherwise provided, a meal
allowance as set out in the Table in Schedule 2 will be paid to employees
instructed to work overtime:
(a) for 1½ hours or more prior to their
agreed commencing time
(b) for 1½ hours immediately after their
agreed finishing time and after subsequent periods of four hours
(c) after each four hours on days other than
ordinary working days.
16. Annualised Salary Agreements (Asa)
16.1 Notwithstanding any other provision of this
Award, the Council and an employee may agree that the Council may pay the
employee an annual salary in satisfaction of any or all payments arising under
the following provisions of the Award:
(a) Rates of pay - clause 19
(b) Use of Skills - clause 22
(c) Salary Packaging and sacrifice - clause
24
(d) Allowances and reimbursements - clause 21
(e) Hours of Work - clause 6 and 7
(f) Overtime - clause 14
(g) Public Holidays - clause 38
16.2 Where an employee and Council seek to enter
into an ASA, the employee is entitled to seek industrial/ legal advice prior to
entering into such an arrangement.
16.3 Where an employee and Council enter into an
ASA, the annual salary will not disadvantage the employees:
(a) The annual salary must be no less than
the amount the employee would have received under this Award for the work
performed over the year for which the salary is paid (or if the employment
ceases earlier over such less period as has been worked);
(b) The annual salary of the employee must be
reviewed by Council at least annually to ensure that the compensation is
appropriate having regard to the award provisions which are satisfied by the
payment of the annual salary;
(c) Employees will not be denied the
opportunity to apply for new or vacant positions as a result of the operation
of this clause.
16.4 An annual salary agreement must:
(a) be in writing and signed by the employee
and Council;
(b) state the date upon which the arrangement
commences;
(c) be provided to the employee;
(d) contain a provision that the employee will
receive no less under the arrangement than the employee would have been
entitled to if all award obligations had been met, taking account of the value
of the provision of matters not comprehended by the award;
(e) be subject to annual review;
(f) contain details of any salary package
arrangements, including the annual salary that is payable;
(g) contain details of any other non-salary
benefits provided to the employee such as an employer provided motor vehicle.
(h) contain details of performance pay
arrangements and performance measurement indicators;
(i) contain the salary for the purposes of
accident make up pay; and
(j) contain the award band and level for the role.
16.5 An Annualised salary agreement may be
terminated:
(a) by Council or the employee giving four weeks’
notice of termination, in writing, to the other party and the agreement ceasing
to operate at the end of the notice period; or
(b) at any time, by written agreement between
Council and the employee.
16.6 On termination of an annualised salary agreement,
the employee will revert to the Award entitlements unless a new annualised
salary agreement is reached.
16.7 Notwithstanding the above, annualised salary
arrangements entered into prior to 1 November 2015 may continue to operate in
accordance with their terms.
17. Council Agreements
17.1 The parties may enter into a council
agreement, which may apply to parts of Council’s workforce.
17.2 The terms of any agreement reached between the
parties will substitute for the provisions of the award provided that:
(a) the extent of the council agreement will
be limited to:
Payment of
employees;
Hours of work;
Overtime;
Holidays;
Part-time
employment;
Job share
employment;
Performance,
evaluation and reward
(b) the agreement does not provide less than
the entry level rates of pay;
(c) the agreement is consistent with the
Industrial Relations Act 1996 (NSW) and current wage fixing principles; and
(d) the agreement will be processed in
accordance with subclause 17.3 of this clause. Provided further that, where the
agreement proposes to vary award provisions other than those nominated in
paragraph (a) above, the agreement will be processed in accordance with the
Enterprise Arrangement Principle.
17.3 A Council Agreement will be processed as
follows:
(a) the unions will be notified prior to the
commencement of negotiations;
(b) the agreement has been genuinely arrived
at by negotiation between the Council and the Union;
(c) the agreement will be committed to
writing and will include a date of operation and a date of expiration;
(d) the council and the appropriate union(s)
will sign the agreement; and
(e) Any party to a Council Agreement may at
any stage during the above process refer the matter to the Industrial Relations
Commission of NSW.
17.4 Council agreements can be terminated in the
following manner:
(a) Section 44 of the Industrial Relations
Act 1996 (NSW) relating to the termination of enterprise agreements will
apply to the termination of a council agreement made in accordance with this
clause and a council agreement may be terminated in the same manner as an
enterprise agreement.
(b) Where a council agreement it terminated at
or after the end of its nominal term by the giving of written notice to each
other party to the agreement, at least three (3) months’ written notice will be
given. The notice may be served before the end of the nominal term.
(c) Termination of a council agreement is not
effective until all of the parties to the agreement have been given written
notice of the approval to terminate or of service of the notice of intention to
terminate.
18. Trainees
A. General
18.1 Trainee, Apprentice or Cadet employees may
be required to possess a Provisional or Class C Drivers Licence.
18.2 In the circumstances as to which a FTE
position be filled with a Trainee, Apprentice or Cadet formal consultation
practices will be followed in line with the consultation practices of Clause 43
of this Award.
18.3 Upon cessation of an apprenticeship,
traineeship, or cadetship and the incumbent is not employed on a permanent
ongoing basis, council will fill the position with another apprenticeship,
traineeship or cadetship, or that of a full time position maintaining
organisational FTE. If council intends to not fill the position formal
consultation practices under Clause 43.
B. School Based Trainees and School Based
Apprentices
18.4 The objective of this clause is to assist
persons who are undertaking a traineeship or apprenticeship under a training
contract while also enrolled in the Higher School Certificate. Such school
based traineeships/apprenticeships are undertaken at a minimum Certificate II
Australian Qualifications Framework (AQF) qualification for traineeship level
and a minimum Certificate III AQF qualification for apprenticeship level as
specified in the relevant Vocational Training Order pursuant to the Apprenticeship
and Traineeship Act 2001.
18.5 The hourly rate for apprentices/trainees
including time deemed to be spent in off the job training will be calculated by
dividing the applicable weekly rate for the full time apprentices as set out in
Table 2 by 38 or 35 in accordance with clause 6, Hours of Work.
18.6 The purpose of clause 18.12, where a school
based trainee/apprentice is a full time school student, the time spent in off
the job training for which the school based trainee/apprentice is paid deemed
to be 25% of the actual hours worked on the job each week. The wages paid for
training time may be averaged over the school term or year.
18.7 School based trainees/ school based
apprentices progress through the rates of pay subject to successful completion
of appropriate training modules and satisfactory service.
C. Trainee employment and apprenticeships
18.8 This clause relates to employees considered
trainees or apprentices
18.9 Employees within this clause may undertake
specific government funded programs under a recognised Training Agreement that
is registered with the relevant training authority. Employees within this
clause may undertake programs funded by the Council.
18.10 The rates of pay as provided for in table two
and table three are payable to employees undertaking entry level training
18.11 Apprentices are paid
according to their educational qualification and experience.
18.12 Trainees are paid according to
the time agreed to be taken complete their study in annual increments.
18.13 Progression along the scale
is not automatic, but is subject to successful completion of appropriate
training modules and satisfactory service.
18.14 If the employment is to be
continued beyond the training period upon the successful completion of
training, the employee will proceed to the appropriate band and level in the
structure.
18.15 In addition to the
vocational training direction, the employer will provide an apprentice and/or
trainee with the conditions of the apprenticeship/traineeship in writing and
these conditions will include:
(a) the term of the apprentice and/or
trainee;
(b) the course of studies to be undertaken by
the apprentice and/or trainee;
(c) the course of on the job training to be
undertaken by the apprentice and/or trainee.
(d) A government funded apprentice and/or
trainee will not commence until the relevant Training Agreement has been
registered with the relevant State Training Authority.
18.16 Except as herein provided, all other terms and
conditions of this Award will apply.
18.17 The apprentice and/or trainee will attend
approved training courses or training programs prescribed in the Training
Agreement or as notified to the trainee by the relevant State Training
Authority in accredited and relevant Traineeship Schemes.
18.18 Council will ensure that the trainee is
permitted to attend the training courses or programs provided for in the
Training Agreement and will ensure that the trainee received the appropriate
on-the-job training in accordance with the Training Agreement.
18.19 Council will provide a level of supervision in
accordance with the Training Agreement during the traineeship/apprenticeship
period.
18.20 The apprentice and/or trainee will be
permitted to be absent from work without loss of continuity of employment
and/or waged to attend the training in accordance with the Training Agreement.
18.21 A full time trainee will be engaged for a
maximum of one year’s duration, except in respect of AQF III and AQF IV
traineeships which may extend up to two years full time, provided that a
trainee will be subject to a satisfactory probation period of up to one month
which may be reduced at the discretion of Council. By agreement in writing, and
with the consent of the relevant State Training Authority, Council and the
trainee may vary the duration of the Traineeship and the extent of approved
training provided that any agreement to vary is in accordance with the relevant
Traineeship Scheme.
18.22 A full time Apprentice will be engaged for a
period up to 4 years depending on their level of achievement and skills when
entering employment; inline with AQF IIII
18.23 Where the apprentice and/or trainee completes
the qualification in the Training Agreement earlier than the time specified in
the Training Agreement, then the Apprenticeship and/or Traineeship may be
concluded by mutual agreement.
18.24
(a) Council will not terminate the trainee’s
or apprentice’s service without providing written notice of the termination in
accordance with the training agreement and subsequently to the relevant State
Training Authority as appropriate.
(b) Where Council decides to terminate a
Council funded apprentice and/or trainee notice will be provided in accordance
with this Award.
(c) Where Council chooses not to continue the
employment of a apprentice and/or trainee upon the completion of the
traineeship or apprenticeship, it will notify the relevant State Training
Authority as appropriate, of its decision.
18.25 A trainee/apprentice who fails to complete the
traineeship or apprenticeship or who cannot for any reason be placed in
full-time employment on the successful completion of the traineeship, will not
be entitled to any severance payments payable pursuant to clause 50.2 or
provisions similar thereto.
D. Other Trainee employment (cadetships)
18.26 A trainee under this clause is employed as a
cadet; where by full time work is supplemented with the acquisition of
qualifications (government funded or council funded) that are aligned the
development of professional qualifications.
18.27 Unless otherwise agreed, the maximum term of
the cadetship is in accordance with table three.
18.28 Payment is made in line with table three and
the required amount of time to complete
the recognised study.
18.29 Recognised study pertains to a minimum level
of qualification of AQF IV or as required for the role.
18.30 Progression along the scale is not automatic,
but is subject to successful completion of appropriate training modules and
satisfactory service.
18.31 If the employment is to be continued beyond
the training period upon the successful completion of training, the employee
will proceed to the appropriate band and level in the structure.
PART 3
RATES OF PAY AND
RELATED MATTERS
19. Skills Based System of Pay
and Rates of Pay
19.1 This Award has adopted a skills
based structure consisting of four overlapped bands within which
classifications have been broad banded into levels according to six key skill
descriptors as defined within clause 20 Skill Descriptors.
The four bands are:
No.
|
Band
|
Levels
|
1
|
Operational
|
4
|
2
|
Administrative/Technical/Trades
|
3
|
3
|
Professional/Specialist
|
4
|
4
|
Executive
|
4
|
19.2. The Skills Based Salary Structure Described Above
is Supported By a 24 Grade Salary System With Each Grade Comprising of an Entry
Level and Three Progression Steps that Are Over and Above the Entry Level Rates
of Pay for the Grade.
19.3 The salary system
determines how employees at Council are paid.
An employee will be paid the salary system rate of pay that recognises
the skills the employee is required to apply on the job. In relation to employees at Grade 14 and above,
when moving from step 3 to step 4, the salary system rate of pay also recognises
a performance rating of competent or above.
19.4 Positions are assigned a
salary grade(s) within the structure. A position may extend across more than
one grade in Council’s salary system.
The rates of pay for each grade are set out in the Table 1 of Schedule
1. The rates of pay in Table 1 of
Schedule 1 are rates that have historically absorbed the defunct extra over
award payments and the Broken Hill Allowance for all employees, Annual Leave
loading for Salaried Office Employees and Wages Employees and the following
allowances for Wages Employees:
Ceiling;
Chainsaw;
Confined
Space;
Dead Animal;
Dirt;
Early Start;
Early Start -
Pool;
Jack Hammer;
Laundry;
Lead Bonus;
Milk;
Mowing;
Noxious Weeds;
Power Implement;
Painter’s
spray;
Qualification;
Spreader;
Trade
Certificate;
Toilet;
Towing;
Wet - General;
and
Wet - Garbage.
19.5 Apprenticeships
(a) The rates of pay set out in Table 2 of Schedule
1 are payable to employees of Council undertaking apprenticeships.
(b) Upon reaching the age of 21 years and not
having completed their apprenticeship, apprentices will be paid the minimum
rate for adults provided under this Award.
(c) Upon successful completion of the
apprenticeship, an employee will proceed to the appropriate grade in the
structure, if the employment is to be continued beyond the apprenticeship
period.
(d) In addition to the vocational training
direction, Council will provide an apprentice with the conditions of the
apprenticeship in writing and these conditions will include:
(i) the terms of the apprenticeship;
(ii) the course of studies to be undertaken by
the apprentice;
(iii) the course of on the job training to be
undertaken by the apprentice.
(e) On the production of a letter from the
Principal of the TAFE College stating that they have satisfactorily completed a
year’s work in the trade course appropriate to their apprenticeship, an
apprentice will be refunded the amount of fees paid in respect of that year.
(f) On the production of a letter from the
Principal of the TAFE College stating that they have satisfactorily completed a
year’s work in the trade course appropriate to their apprenticeship, and
receipts for text books prescribed for that year’s work, an apprentice will be
paid the cost of the prescribed text books or one hundred and fifty dollars
($150.00) whichever is the lesser amount.
19.6 Government funded traineeships
(a) A government funded traineeship is
subject to a Traineeship Agreement registered with the relevant State Training
Authority.
(b) The
rates of pay payable to a government funded trainee will be as provided in
Table 3 in Schedule 1.
(c) The rates of pay in Table 3 in Schedule 1
are actual rates and will only apply to government funded trainees while they
are undertaking an approved traineeship.
(d) Council will ensure that government funded
trainees are permitted to attend the training course or program provided for in
the Traineeship Agreement and will ensure that trainees receive the appropriate
on-the-job training in accordance with the Traineeship Agreement.
(e) A government funded trainee will be
permitted to be absent from work without loss of continuity of employment
and/or wages to attend training in accordance with the Traineeship Agreement.
20. Skill Descriptors
The award’s skills based bands, levels and grades are defined according
to the following skill descriptors:
OPERATION BAND
Operational
Band 1, Level 1
Authority and
accountability:
Completion of
basic tasks with work closely monitored by the team leader or supervisor.
Judgement and
problem solving:
Judgement is
limited and coordinated by other workers.
Specialist
knowledge and skills:
Specialist
knowledge and skills are obtained through on-the-job training and council-based
induction training. Off-the-job training may lead to trade, technical or
professional qualifications.
Management
skills:
Not required.
Interpersonal
skills:
Limited to
communications with other staff and possibly, with the public.
Qualifications
and experience:
Completion of School
Certificate or the Higher School Certificate may be sought. Completion of an
appropriate labour market program or similar short-term work / skills
experience is desirable.
Operational
Band 1, Level 2 (Grades 1 to 4)
Authority and
accountability:
Responsible
for completion of basic tasks with individual guidance or in a team.
Judgement and
problem solving:
Applies
standard procedures with normally few if any options in the application of
skills.
Specialist
knowledge and skills:
Job specific
skills and knowledge would normally be gained through on-the-job training and
experience. Short courses may be completed at TAFE.
Management
skills:
Not required.
Interpersonal
skills:
Frequent communication
with other staff and/or the public common but normally at a routine level.
Qualifications
and experience:
Incumbents may
have attended short courses in specific work areas or be undertaking a
technical college certificate as completion of structured training program in
work-related area.
Operational
Band 1, Level 3 (Grades 5 to 7)
Authority and
accountability:
Responsible
for completion of regularly occurring tasks with general guidance on a daily
basis.
Judgement and
problem solving:
Judgement is
required to follow predetermined procedures where a choice between more than
two options are present.
Specialist
knowledge and skills:
Application of
skills, including machine-operation skills, following training "on the
job" or accredited external training over a number of months.
Management
skills:
Some
guidance/supervision may be required. May assist a co-ordinator / trainer with
on-the-job training.
Interpersonal
skills:
Skills required
for exchange of information on straightforward matters.
Qualifications
and experience:
Suitable
experience or qualifications in a number of defined skill areas.
Operational
Band 1, Level 4 (Grades 8 to 10)
Authority and
accountability:
Responsible
for supervising staff in operational duties or for work requiring independence
in the application of skills, subject to routine supervision. Responsible for
quality of work function.
Judgement and
problem solving:
Option on how
to approach tasks requires interpretation of problems and may involve precise
judgement in operational areas.
Specialist
knowledge and skills:
The number of
work areas in which the position operates makes the work complicated and a
variety of skills are required in its completion. Position may require
competence in operation of complex machinery.
Management
skills:
Supervisory
skills in the communication of instructions, training and the checking of work
may be required.
Interpersonal
skills:
Skills are
required to convince and explain specific points of view or information to
others and to reconcile differences between parties.
Qualifications
and Experience:
Experience to
adapt procedures to suit situations and a thorough knowledge of the most
complex operational work procedures to achieve work objectives.
ADMINISTRATIVE / TECHNICAL / TRADES BAND
Administrative
/ Technical / Trades Band 2, Level 1 (Grades 8 to 10)
Authority and
accountability:
Responsible
for the completion of work requiring the application of trades, administrative
or technical skills.
Judgement and
problem solving:
Skills in
assessing situations and in determining processes, tools and solutions to
problems. Guidance is available.
Specialist
knowledge and skills:
Positions will
have demonstrated competence in a number of key skill areas related to major
elements of the job.
Management
skills:
Positions may require
skills in the supervision or co-ordination of small groups.
Interpersonal
skills:
Communication
skills to explain situations or advise others.
Qualifications
and experience:
Appropriate work-related
trade, technical or administrative qualifications or specialist skills
training.
Administrative
/ Technical / Trades Band 2, Level 2 (Grades 11 to 13)
Authority and
accountability:
Responsibility
as a trainer/co-ordinator for the operation of a small section which uses staff
and other resources, or the position completes tasks requiring specialised
technical / administrative skills.
Judgement and
problem solving:
Skills to
solve problems which require assessment of options with freedom within
procedural limits in changing the way work is done or in the delegation of
work. Assistance may be readily available from others in solving problems.
Specialist
knowledge and skills:
Positions will
have specialised knowledge in a number of advanced skill areas relating to the
more complex elements of the job.
Management
skills:
May require
skills in supervising a team of staff, to motivate and monitor performance
against work outcomes.
Interpersonal
skills:
In addition to
interpersonal skills in managing others, the position may involve explaining
issues/policy to the public or others and reconcile different points of view.
Qualifications
and experience:
Thorough
working knowledge and experience of all work procedures for the application of
technical / trades or administrative skills, based upon suitable certificate or
post-certificate-level qualifications.
Administrative/Technical/Trades
Band 2, Level 3 (Grades 14 to 16)
Authority and
accountability:
May be
responsible to provide a specialised / technical service and to complete work
which has some elements of complexity. Make recommendations within council and
represent council to the public or other organisations.
Judgement and
problem solving:
Problem
solving and judgements are made where there is a lack of definition requiring
analysis of a number of options. Typical judgements may require variation of
work priorities and approaches.
Specialist
knowledge and skills:
Positions have
advanced knowledge and skills in a number of areas where analysis of complex
options is involved.
Management
skills:
May supervise
groups of operational and / or other administrative /trades / technical
employees. Employees supervised may be in a number of different work areas,
requiring motivation, monitoring and co-ordination to achieve specific outputs.
Interpersonal
skills:
Skills to
communicate with subordinate staff and the public and/or negotiation /
persuasive skills to resolve disputes with staff or the public.
Qualifications
and experience:
An advanced
certificate, associate diploma, appropriate in-house training or equivalent combined
with extensive experience in the application of skills in the most complex
areas of the job.
PROFESSIONAL / SPECIALIST BAND
Professional /
Specialist Band 3, Level 1 (Grades 11 to 13)
Authority and
accountability:
Provides
specialised / technical services to complete assignments or projects in
consultation with other professional staff. May work with a team of technical
or administrative employees requiring the review and approval of more complex
elements of the work performed by others.
Judgement and
problem solving:
Problems
require assessment of a range of options having elements of complexity in
reaching decisions and making recommendations. Precedent is available from
sources within the Council, and assistance is usually available from other
professional / specialist staff in the work area.
Specialist
knowledge and skills:
Positions
require considerable knowledge in a specific area with a sufficient level of
skills and knowledge to resolve issues having elements of complexity that may
not be clearly defined.
Management
skills:
Positions at
this entry level to the Professional / Specialist Band are not required to
possess management skills.
Interpersonal
skills:
Persuasive
skills are required to participate in technical discussions to resolve
problems, explain policy and reconcile viewpoints.
Qualifications
and experience:
Professional/specialist
positions require professional qualifications to apply theoretical knowledge to
practical situations.
Professional / Specialist Band 3, Level 2 (Grades 14 to 16)
Authority and
accountability:
Provides a
specialised/technical service in the completion of work and / or projects which
have elements of complexity (composed of many parts that may be more conceptual
than definite).
Judgement and
problem solving:
Positions
require the interpretation of information and development of suitable
procedures to achieve agreed outcomes. Problem solving and decision making
require analysis of data to reach decisions and / or determine progress.
Specialist
knowledge and skills:
Experience in
the application of technical concepts and practices requiring additional
training are required at this level.
Management
skills:
May manage a
number of projects involving people and other resources requiring project control
and monitoring as well as motivation and co-ordination skills.
Interpersonal
skills:
Interpersonal
skills in leading and motivating staff in different teams / locations may be
required, as well as persuasive skills to resolve problems or provide
specialised advice.
Qualifications
and experience:
Positions at
this level would have supplemented base level professional qualifications with
additional skills training. Considerable practical experience or skills
training would be required to effectively control key elements of the job.
Professional / Specialist Band 3, Level 3 (Grades 17 to 19)
Authority and
accountability:
Provides a professional
advisory role to people within or outside council. Such advice may commit the
Council and have significant impact upon external parties dealing with council.
The position may manage several major projects or sections within a department
of the Council.
Judgement and
problem solving:
Positions have
a high level of independence in solving problems and using judgement. Problems
can be multi-faceted requiring detailed analysis of available options to solve
operational, technical or service problems.
Specialist
knowledge and skills:
The skills and
knowledge to resolve problems where a number of complex alternatives need to be
addressed.
Management
skills:
May be
required to manage staff, resolve operational problems and participate in a management
team to resolve key problems.
Interpersonal
skills:
Interpersonal
skills in leading and motivating staff may be required. Persuasive skills are
used in seeking agreement and discussing issues to resolve problems with people
at all levels. Communication skills are required to enable provision of key
advice both within and outside council and to liaise with external bodies.
Qualifications
and experience:
Tertiary
qualifications combined with a high level of practical experience and an in-depth
knowledge of work.
Professional /
Specialist Band 3, Level 4 (Grades 20 to 21)
Authority and
accountability:
Accountable for
the effective management of major sections or projects within their area of
expertise. As a specialist, advice would be provided to executive level and to
council on major areas of policy or on key issues of significance to the
organisation. The position's influence would have an important role in the
overall performance of the function.
Judgement and
problem solving:
Positions
would determine the framework for problem solving or set strategic plans with
minimal review by senior management. At this level, the position may represent
senior management or council in the resolution of problems. The oversight of
problem solving and assessment of the quality of judgements made by less
qualified staff will apply at this level.
Specialist
knowledge and skills:
Positions
require knowledge and skills for the direction and control of a key function of
council or major functions within a department. Positions require expert
knowledge and skills involving elements of creativity and innovation in
addressing and resolving major issues.
Management
skills:
Positions may
direct professional or other staff in the planning, implementation and review
of major programs, as well as participating as a key member of a functional
team.
Interpersonal
skills:
Interpersonal
skills in leading and motivating staff will be required at this level.
Positions require the ability to negotiate on important matters with a high
degree of independence. Positions are required to liaise with the public and
external groups and organisations.
Qualifications
and experience:
Specialist
tertiary qualifications in an appropriate field of study combined with
extensive practical experience in all relevant areas in order to plan, develop
and control major elements of work.
EXECUTIVE BAND
Executive Band
4 (Grades 22 to 24)
Authority and
accountability:
Accountable
for the direction and control of council or a department or the like. Influence
and commit council or a department or the like to long-term strategic
directions. Lead policy development and implementation.
Judgement and
problem solving:
Positions
solve problems through analytic reasoning and integration of wide-ranging and
complex information, and have a high level of independence in determining
direction and approach to issues.
Specialist
knowledge and skills:
The position
requires the application of a range of specialist knowledge and skills,
including relevant legislation and policies and other areas of precedent.
Ability to provide authoritative advice to council.
Management
skills:
Application of
corporate management skills in a diverse organisation to establish goals and
objectives. Manage and control staff, budgets and work programs or major
projects of council or a department or the like utilising leadership,
evaluation and monitoring skills to facilitate achievement of objectives.
Ability to generate innovative approaches to more effectively deploy resources,
meet changing circumstances and improve service to the Council's clients.
Interpersonal
skills:
Positions use
persuasive skills with external parties on major items of critical importance
to council. They motivate managers and staff at all levels by leading and
influencing others to achieve complex objectives. They influence the
development of the Council.
Qualifications
and experience:
Positions will
have a relevant degree or equivalent and management experience, combined with
accredited management qualifications.
20A. Annual Assessment and Progression Rules
20.1 Employees will be assessed for progression
through the salary range for their position annually.
20.2 At the time of each annual assessment,
Council will advise the employee of the skills and/or any performance
objectives required for the employee to progress to the next salary step and
will review the employee’s training needs.
20.3 An employee’s progression from the entry level
(Step 1) to Step 2, Step 3 and Step 4 will be based upon the acquisition and
use of core skills and knowledge as specified in the relevant position
description and skills matrix.
20.4 Progression through the salary system will
be based on the acquisition and use of skills. Where skills based progression
is not reasonably available within the salary range for the position, employees
will have access to progression based on the achievement of performance
objectives relating to the position and communicated to the employee in
accordance with subclause 20.2 above.
20.5 Progression will be subject to the employee
achieving a skills/performance rating of competent or above, at the time of the
annual assessment.
20.6 For employees at Grade 14 and above progression
from Step 3 to Step 4 is subject to performance. Should an employee’s
performance be evaluated as marginal or inadequate the employee will not be
eligible to progress to the next salary point.
20.7 Employees may appeal against their skills assessment
and/or performance evaluation. Such
appeals must be in writing to the General Manager within 10 days of the
original assessment and/or evaluation.
The General Manager may consult with applicable staff members before
making a final determination. Employees may access the Dispute Resolution
Procedures of clause 44 as a means of resolving concerns in relating to skills
assessments and/or performance evaluations.
20.8 Employees will have access to information
regarding the grade, salary range and progression step of the position. The guidelines found in Schedule 3 to this
Award have been established to assist the parties to the Award in relation to
the operation of Council’s Salary System and the progression of employees
through Council’s Salary System.
21. Allowances and Reimbursements
21.1 Expenses
(a) All reasonable expenses, including
out-of-pocket, accommodation and travelling expenses, incurred in connection with
an employee’s duties will be paid by Council.
(b) Where practical the
reimbursement be included in the next pay period.
(c) The method and mode of
travelling or the vehicle to be supplied or to be used will be arranged
mutually between the Council and the employee.
(d) Travel arrangements will
be agreed between the Council and the employee.
21.2 Tools Allowance
(a) Tradespersons and apprentices will
provide their own tools.
(b) Tools will be replaced by Council or the
cost to replace tools made by Council where:
tools are worn
through proper use;
tools are
stolen and such theft has been reported to the proper local police authority by
the employee; and
where tools
are damaged and the employees supervisor has authorised their replacement.
(c) Otherwise, lost tools will be replaced by
employees at their own expense.
(d) Tradespersons who are required to work in
a second trade will be supplied with the necessary tools for the second trade.
21.3 Community Language and Signing Work
(a) Employees using a community language
skill as an adjunct to their normal duties to provide services to speakers of a
language other than English or to provide signing services to those with
hearing difficulties, will be paid an allowance in addition to the weekly
pay. The quantum of the allowance is set
out in the Table in Schedule 2.
(b) The allowance may be paid on a regular or
irregular basis, according to when the skills are used.
(c) Such work involves an employee acting as
a first point of contact for non-English speaking residents or residents
hearing difficulty. In this regard the
employee is limited to identifying the resident’s area of concern or inquiry
and then providing basic assistance, which may include face-to-face discussion
and/or telephone inquiry.
(d) Such employees convey straightforward
information relating to Council services, to the best of their ability. The Employees do not replace or substitute
for the role of a professional interpreter or translator.
(e) Such employees will record their use of a
community language.
21.4 First Aid Work
(a) Where an employee is required by Council
to be a designated first aid officer, Council will pay the fees associated with
the attainment of such certificate.
(b) Council will provide a sufficient number
of properly equipped first aid boxes and one will be provided for use in cases of
accident or sudden illness at each and every workplace where two or more
persons are employed.
(c) Where an employee is required by Council
to be in charge of a first aid kit and/or to administer first aid and the use
of such adjunct skills are not paid for in accordance with the salary system
then the employee will be paid an allowance as set out in the Table in Schedule
2.
(d) Employees required by Council to relieve a
first aid attendant will receive an allowance as set out in the Table in
Schedule 2.
21.5 Licence fees
(a) For employees employed prior to 21
December 2015, Council will pay licence fees for all employees who as a
requirement of the job must drive motor vehicles or are required by the Council
to obtain a specific licence to enable them to do work required by the Council,
up to 30 June 2018, after which time, they will be reimbursed in accordance
with sub-clause 21.5(b), below.
(b) For employees employed post 21 December
2015, where Council requires them to hold a drivers’ licence other than a Class
C (car) or Class R (Rider) licence, Council will reimburse the employee the
difference between the cost of the licence and the cost of the Class C (car)
licence.
22. Use of Skills
22.1 The use of skills provisions of this clause
will only apply when Council direct an employee to carry out such duties as are
within the limits of the employee’s skill, competence and training. This may result in an employee being required
to the perform duties which may extend beyond those identified in their
position description.
22.2 An employee directed to relieve in a
position which is at a higher level within the salary system will be paid for
that relief. The rate to be paid will be determined by considering the skills /
experience applied by the employee relieving in the position but will be at
least the minimum rate for that position in accordance with the salary system
except where the higher level skills have been taken into account within the
salary of the relieving employee.
22.3 Except as otherwise provided in sub-clause
22.4 payment for use of skills relieving in a higher paid position will be made
for the time actually spent relieving in the higher position and is not payable
when the relieving employee is absent on paid leave or an award holiday. The higher rate is however payable when the
employee is directed to relieve during a period which incorporates rostered
days off and/or a public holiday.
22.4 Where an employee receives a varying rate of
pay for 6 months or more in the aggregate in the preceding 12 month period, the
employee’s ordinary rate of pay will be deemed to be the average weekly rate of
pay earned during the period actually worked over the 12 months immediately
preceding the annual leave.
22.5 Where practicable, payment for relief work
at a higher level must be authorised and determined in advance and the employee
explicitly directed to relieve in the higher position.
23. Salary Packaging and Sacrifice
Council and the employee may agree on salary packaging and salary
sacrifice arrangements with employees. Such arrangements will be committed to
writing and signed by the parties.
24. Superannuation
24.1 In the absence of an employee electing a superannuation
fund, employer superannuation contributions will be paid into the default fund
being the Active Super Superannuation Scheme (previously known as the Local
Government Superannuation Scheme).
24.2 Salary Sacrifice Arrangements specific to Superannuation:
(a) For the purpose of this sub-clause:
(i) "Eligible employee" means an
employee with at least five (5) years continuous service with the employer who
has an accrued entitlement to long service leave under the Award that is in
excess of the long service leave entitlement that the employee would have
accrued if covered by section4 of the Long Service Leave Act 1955 (NSW).
For the purpose of this subclause, long service leave is deemed to accrue under
the LSL Act at the rate of 0.867 weeks per year of service.
(ii) "Excess LSL"
means the long service leave that an employee has accrued under the Award that
is in excess of the long service leave that the employee would have accrued if
covered by section 4 of the Long Service Leave Act 1955 (NSW).
(iii) "LSL" means
Long Service Leave.
(iv) "LSL Act" means Long
Service Leave Act 1955 (NSW).
(v) "Ordinary Time
Earnings" has the same meaning as in section 6(1) of the Superannuation
Guarantee (Administration) Act 1992 (Cth).
(vi) ‘Superannuation Fund"
means the Local Government Superannuation Scheme.
(b) Subject to this clause, eligible employees
may, with the consent of the employer, cash out some or all of their Excess
LSL.
(c) Any Excess LSL cashed out in accordance
with this clause will be paid to the employee at the employee’s ordinary rate
of pay.
Example: A
full time employee with 10 years’ continuous service with the employer accrues 13
weeks LSL under the Award, whereas they would have only accrued 8 weeks LSL if
covered by s4 of the LSL Act. After 10 years’ service, the employee would have
up to 5 weeks Excess LSL which may, with the consent of the employer, be cashed
out.
(d) Eligible employees who have Excess LSL
cashed out under this clause must enter into a Salary Sacrifice Arrangement for
the equivalent amount to be paid into the Superannuation Fund as Ordinary Time
Earnings, unless the employee has reached their concessional contribution cap.
(e) Any Salary Sacrifice Arrangement made
under this clause will not be treated as an approved benefit for superannuation
purposes.
25. Payment of Employees
25.1 Employees will be paid fortnightly.
25.2 Council will be entitled to
deduct from the employee’s pay such amounts as the employee authorises in
writing.
25.3 An employee’s ordinary pay
will not be reduced when the employee is prevented from attending work due to
bushfire or other climatic circumstances beyond their control.
PART 4
LEAVE PROVISIONS
26. Annual Leave - General Provisions
26.1 Unless otherwise provided, paid annual leave
may be taken for a period agreed between the employee and Council, having
regard to operational requirements. Council must not unreasonably refuse to
agree to a request by the employee to take paid annual leave.
26.2 Council may direct an employee to take
annual leave by giving at least four weeks’ notice where the employee has
accumulated in excess of ten weeks annual leave.
26.3 Council may direct an employee to take
annual leave during a shut-down period by giving at least four weeks’ notice
prior to the proposed shut-down. The
direction to take annual leave is conditional upon the employee having at least
the equivalent amount of annual leave credited to them as the shut-down period.
This clause should be read in conjunction with the provisions of the Annual
Holidays Act 1944 (NSW).
Option to cash out
26.4 An employee and an employer may agree to a
payment in lieu of a period of annual leave to which the employee is entitled only if:
(i) after the payment the employee will have
an accrued annual leave entitlement of not less than four weeks; and
(ii) the payment in lieu of a period of annual
leave is not less than the employee’s ordinary pay; and
(iii) Where the request has been authorised,
Council will deduct the equivalent amount of annual leave.
26.5 Periods of annual leave that are cashed out
will not attract accruals.
26.6 Employees that are paid in
lieu of annual leave will not be disadvantaged nor obtain a windfall gain in
relation windfall gain in relation to superannuation contributions
26.7 The employee will make a
written application to Council.
Annual leave at full pay, half pay or double pay:
26.8 An employee who is entitled to annual leave
may, with the consent of the employer, take annual leave:
(i) on full pay; or
(ii) on half pay; or
(iii) on double pay.
26.9 When an employee takes annual leave, the
leave entitlement will be deducted on the following basis:
(i) a period of leave on full pay – the
number of days so taken; or
(ii) a period of leave on half pay – half the
number of days so taken; or
(iii) a period of leave on double pay – twice the
number of days so taken.
26.10 When an employee takes annual leave, the
period of service for the purpose of leave accruals will be:
(i) a period of leave on full pay – the
number of days so taken; or
(ii) a period of leave on half pay – half the
number of days so taken; or
(iii) a period of leave on double pay – the
number of days so taken.
26.11 The entitlement to take annual leave at double
pay is only available to an employee if, after taking the period of leave, the
employee will have an accrued annual leave entitlement of not less than four
(4) weeks.
26.12 Employees that take annual
leave at half pay or double pay will not be disadvantaged nor obtain a windfall
gain in relation to superannuation contributions.
27. Annual Leave
27.1 Employees engaged prior to 21 December 2015
accrue annual leave in a twelve-month period as follows,
(a) Salaried office employees accrue annual
leave at the rate of six (6) weeks per annum;
(b) Wages employees accrue annual leave at the
rate of five (5) weeks per annum.
27.2 Employees engaged on or after 21 December
2015 accrue annual leave in a twelve-month period as follows:
(a) salaried office employees accrue annual
leave at the rate of five (5) weeks per annum;
(b) Wages employees accrue annual leave at the
rate of five (5) weeks per annum.
28. Annual Leave - Waste Services Employees
Engaged Prior to 1 July 2022
28.1 Waste Services employees engaged prior to 1
July 2022 accrue annual leave in a twelve-month period as follows as long as
they remain employed in the same position within Waste Services:
(a) Five (5) weeks annual;
(b) A further two weeks in recognition of one
weeks’ worth of time worked on public holidays. The time worked for this period
is to be paid at the employees’ ordinary rate of pay;
(c)A total period in
the aggregate will not exceed seven (7) weeks in all but this seven (7) weeks
if the employee so desires is to be taken at the one time;
(d) As to other time worked on holidays, the
employee will be entitled to be paid for such time pursuant to the provisions
of sub-clause 38.3 of this Award; and
(e) Notwithstanding this clause, Council and
an employee affected by this clause may agree for the employee to receive their
annual leave pursuant to clause 27 rather than this clause.
29. Long Service Leave
29.1 An employee of council will be entitled to
Long Service Leave at ordinary pay as follows: -
Length of
Service
|
Entitlement
|
After 5 years' service
|
6.5 weeks
|
After 10 years' service
|
13 weeks
|
After 15 years' service
|
19.5 weeks
|
After 20 years' service
|
30.5 weeks
|
For every completed period of 5 years' service thereafter
|
11 weeks
|
29.2 Where an employee has completed more than
five years’ service with Council and is terminated for any cause, long service
leave will be deemed to have accrued for the employee's total length of service
and an amount equivalent to such long service leave, less such leave already
taken, computed in monthly periods and equivalent to 1.3 weeks for each year of
service up to 15 years and 2.2 weeks for each year of service from 15 years
onwards.
29.3 Where an employee has completed more than
five (5) years’ service with the employer, the employee will be entitled to
apply for long service leave accrued between each completed five (5) years of
service on a pro rata basis calculated monthly. Such an application will not be
unreasonably refused.
29.4
(a) An employee who is entitled to long
service leave may, with the consent of the council, take long service leave:
(1) on full pay; or
(2) on half pay; or
(3) on double pay.
(b) When an employee takes long service leave,
the leave entitlement will be deducted on the following basis:
(1) a period of leave on full pay - the
number of days so taken; or
(2) a period of leave on half pay - half the
number of days so taken; or
(3) a period of leave on double pay - twice
the number of days so taken.
(c) When an employee takes long service
leave, the period of service for the purpose of leave accruals will be as
follows:
(1) a period of leave on full pay - the
number of days so taken; or
(2) a period of leave on half pay - half the
number of days so taken; or
(3) a period of leave on double pay - the
number of days so taken.
(d) Employees that take long service leave at
half pay or double pay will not be disadvantaged nor obtain a windfall gain in
relation to superannuation contributions.
29.5 Employees who were in the Council’s employ
as at 1st January 1964 and who had at that date completed less than fifteen
(15) years’ service:
(a) For the period between 1st January 1964
and the date on which they completed or will complete a total of 15 years’
service in all, their long service leave will be calculated on the basis of 13
weeks’ long service leave for ten (10) years’ service;
(b) Thereafter long service leave is to be
calculated on the basis of 22 weeks for ten years’ service.
29.6 Long service leave will be taken at a time
mutually convenient to Council and the employee in minimum periods of one week
provided that all long service leave accruing on or after the first pay period
commencing on or after 16 March 2010 will be taken within five years of it
falling due.
29.7 Payment to an employee proceeding on long service
leave will be made by Council at the employee’s ordinary pay for the period of
long service leave either before the commencement of the employee’s long
service leave, or by agreement through the usual pay periods.
29.8 An employee who has become entitled to a
period of leave and the employee's employment is terminated by resignation,
death or dismissal for any cause will be deemed to have entered upon leave at
the date of termination of the employment and will be entitled to payment
accordingly.
29.9 An employee who is entitled to long service
leave, may, with the consent of the employer, cash out a particular amount of
Excess Long Service Leave. Excess Long Service Leave means the long service
leave that an employee has accrued under the Award that is on excess of the
long service leave that the employee would have accrued if covered by section 4
of the Long Service Leave Act 1955 (NSW). For the purpose of this
subclause, long service leave is deemed to accrue under the LSL Act at the rate
of .0867 weeks per year of service.
Each cashing
out of a particular amount of Excess Long Service Leave must be by separate
agreement between the employer and the employee.
29.10 There will be deducted in the calculation of
the employee's service all leave of absence without payment not specifically
acknowledged and accepted by Council as service at the time leave was taken.
29.11 Long service leave will be exclusive of annual
leave and any other holidays as prescribed by this Award, occurring during the
taking of any period of long service leave.
29.12 When the service of an employee is terminated
by death the council will pay to the employee's estate the monetary equivalent
of any untaken long service leave standing to the employee's credit at the time
of the employee's decease.
29.13 Where an employee's service is terminated
through shortage of work, material or finance or through illness certified by a
duly qualified medical practitioner and such employee is re-employed by Broken
Hill City Council within 12 months of termination of service, prior service
will be counted for the purpose of this clause.
29.14 In calculating the
entitlement to long service leave; this Agreement must be read in conjunction
with Regulation 406A of the Local Government (General) Regulation 2005 as
amended.
29.15 In special circumstances
Council may dispense with the requirements of subclause 29.6 and allow periods
of less than one (1) week.
30. Sick Leave
30.1 An employee is entitled to three (3) weeks’
paid sick leave for each year of service, ay the ordinary rate of pay. Sick
leave is cumulative in that it will accumulate from year to year and may be
taken in any subsequent year.
30.2 Employees who are absent from work due to a
personal illness/injury will have access to sick leave with pay subject to the
following:
(i) An employee will notify their immediate
supervisor by way of telephone call, within one (1) hour, where possible, of
the employee’s usual start time, of the employee’s inability to attend on account
of personal illness/injury. The employee will provide the supervisor with the
estimated duration of the absence.
(ii) An employee will be required to provide a medical
certificate or statutory declaration of the illness/injury where the period of
absence is for more than two (2) consecutive working days and/or where Council
identifies that there is a pattern of absence and/or where Council has reason
to believe that the employee’s absence is not consistent with the appropriate
use of personal leave.
(iii) In each year of service, proof of illness
or injury to justify payment will not be required for the first five (5)
separate periods of absence, provided such periods are not more than two (2)
working days unless:
(a) It is reasonable for the employer to
require the employee to provide proof of illness or injury having regard to the
employee’s pattern of sick leave and/or amount of sick leave taken by the
employee, and
(b) The employer has provided the employee
with prior written notice of the requirement to provide proof of illness or
injury.
(iv) Following five (5) separate periods of
absence, proof of illness to justify payment will be required. Proof of illness will require the provision
of a medical certificate. In the circumstances where it is unpracticable to
obtain a medical certificate, a statutory declaration will be required.
30.3 Employees who are absent from work due to
personal illness/injury and who submit a medical certificate to that effect,
will be entitled to all benefits of this Award until their accumulated sick
leave is exhausted. For a period of three months after that they will be
entitled to payment of any public holidays which fall due but after the elapse
of such period of three months they will cease to be entitled to any benefits
under this Award until they return to work.
30.4 All employees who have accrued untaken sick
leave at the time of retirement or termination of employment will be paid for
such accrued leave, such payment to be calculated at the wage rate applicable
at the date of retirement or on termination of employment in accordance with
the following:
(a) One half (1/2) of sick leave accrued
between 1 January 1960 and 19 March 1973;
(b) Three quarters (3/4) of sick leave accrued
between 20 March 1973 and 31 March 1980;
(c) The whole of sick leave accrued between 1
April 1980 and 31 January 1985; and
(d) The whole of two (2) of the three (3)
weeks per annum of the sick leave accrued from 1 February 1985 up until 31
March 1994.
The benefits
accruing from this subsection will be applied to persons employed on a
full-time basis by Council as at 31 March 1994 but not to persons employed
subsequent to that date.
30.5
(a) Any employee who becomes sick or is
injured whilst on annual leave and produces within a reasonable time, no later
than the conclusion of the annual leave, a doctor’s certificate which
satisfactorily indicates to Council that the employee was unable to derive
benefit from their annual leave, may be granted, at a time convenient to
Council, additional leave equivalent to the period of sickness or injury.
(b) The re-crediting of annual leave will only
apply in cases where the period which Council is satisfied that the employee
was unable to derive benefit from the annual leave was at least seven (7)
consecutive days.
31. Carer’s Leave
31.1 Use of Sick Leave: an employee, other than a
casual employee, with responsibilities in relation to a class of person set out
in sub-clause 31.6 below who needs the employee's care and support will be
entitled to use, in accordance with this subclause, any current or accrued sick
leave entitlement, provided for at clause 30 of this Award, for absences to
provide care and support for such persons when they are ill, or who require
care due to an unexpected emergency. Such leave may be taken for part of a
single day.
31.2 Carer’s leave is not intended to be used for
long term, ongoing care. In such cases, the employee is obligated to
investigate appropriate care arrangements where these are reasonably available.
31.3 Where more than ten days sick leave in any
year is to be used for caring purposes the council and employee will discuss
appropriate arrangements which, as far as practicable, take account of
Council’s and the employee’s requirements.
31.4 Where the parties are unable to reach
agreement the grievance and disputes procedures at clause 45 of this Award
should be followed.
31.5 The employee will, if required,
(a) establish either by production of a
medical certificate or statutory declaration, the illness of the person
concerned and that the illness is such as to require care and support by
another person; or
(b) establish by production of documentation
acceptable to the council or a statutory declaration, the nature of the
emergency and that such emergency resulted in the person concerned requiring
care by the employee.
In normal
circumstances, an employee must not take carer's leave under this subclause
where another person has taken leave to care for the same person.
31.6 The entitlement to use sick leave in
accordance with this subclause is subject to:
(a) the employee being responsible for the care
of the person concerned; and
(b) the person concerned being:
(1) a spouse of the employee; or
(2) a de facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person, or
(3) a child or an adult child (including an adopted
child, a step child, foster child or an ex nuptial child), parent (including a
foster parent, step parent and legal guardian), parents of spouse, grandparent,
grandchild or sibling (including half, foster and step sibling) of the employee
or spouse or de facto spouse of the employee; or
(4) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(5) a relative of the employee who is a
member of the same household, where for the purposes of this paragraph:
(a) 'relative' means a person related by
blood, marriage or affinity;
(b) 'affinity' means a relationship that one
spouse because of marriage has to blood relatives of the other; and
(c) 'household' means a family group living
in the same domestic dwelling.
31.7 An employee may elect, with the consent of
Council, to take unpaid leave for the purpose of providing care and support to
a class of person set out in sub-clause 31.6(b) above who is ill or who
requires care due to an unexpected emergency.
31.8 An employee will, wherever practicable, give
Council notice prior to the absence of the intention to take leave, the name of
the person requiring care and that person's relationship to the employee, the
reasons for taking such leave and the estimated length of absence. If it is not
practicable for the employee to give prior notice of absence, the employee will
notify the employee’s supervisor by telephone of such absence at the first
opportunity on the day of absence.
31.9 Carer’s Entitlement for Casual Employees
(a) Subject to the evidentiary and notice
requirements in sub-clauses 31.5 and 31.8 casual employees are entitled to not
be available to attend work, or to leave work if they need to care for a person
prescribed in sub-clause 31.6(b) of this clause who are sick and require care
and support, or who require care due to an unexpected emergency, or the birth
of a child.
(b) Council and the employee will agree on the
period for which the employee will be entitled to not be available to attend
work. The casual employee is not entitled to any payment for the period of
non-attendance.
(c) Council must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this clause. The rights of Council to engage or not to engage a casual employee
are otherwise not affected.
31.10 Time off in Lieu of Payment for Overtime: An
employee may, with the consent of Council, elect to take time in lieu of
payment of overtime accumulated in accordance with the provisions of clause14
of this Award for the purpose of providing care and support for a person in
accordance with subclause 31.6 above.
31.11 Make-up time: An employee may elect, with the
consent of Council, to work 'make-up time', under which the employee takes time
off during ordinary hours, and works those hours at a later time, within the
spread of ordinary hours provided in this Award, at the ordinary rate of pay
for the purpose of providing care and support for a person in accordance with
subclause 31.6 above.
31.12 Annual Leave and Leave Without Pay: An
employee may elect with the consent of Council to take annual leave or leave without
pay for the purpose of providing care and support for a person in accordance
with subclause 31.6 above. Such leave will be taken in accordance with clauses
27, 28 and 29, Annual Leave and clause 35 Leave Without Pay of this Award.
32. Bereavement Leave
32.1 Where an employee is absent from duty
because of the death of a person in accordance with paragraphs (a)-(e) below
and provides satisfactory evidence to Council of such, the employee will be
granted two days leave with pay upon application. Persons in respect of whom
bereavement leave may be claimed
include:
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an
adopted child, a step child, foster child or an ex nuptial child), parent
(including a foster parent, step parent and legal guardian), parents of spouse,
grandparent, grandchild or sibling (including half, foster and step sibling) of
the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee
as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a
member of the same household, where for the purposes of this paragraph:
(1) 'relative' means a person related by
blood, marriage or affinity;
(2) 'affinity' means a relationship that one
spouse because of marriage has to blood relatives of the other; and
(3) 'household' means a family group living
in the same domestic dwelling.
32.2 Bereavement Entitlements for Casual
Employees
(a) Casual employees who are rostered to work
will provide satisfactory evidence to Council that they are unavailable to
attend work as a result of the death in Australia of a person prescribed in
subclause 32.1 paragraphs (a)-(e) above.
(b) Council and the employee will agree on the
period for which the employee will be entitled to not be available to attend
work. The casual employee is not
entitled to any payment for the period of non-attendance.
(c) Council must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this clause. The rights of Council to engage or not engage a casual employee
are otherwise not affected.
32.3 Representation at Funeral
(a) Council will permit two employees
selected by the Union of which the deceased was a member to attend an
employee’s funeral and the two employees will be entitled to receive payment
for reasonable time lost in attending the funeral.
32.4 Employees on a period of annual leave, who
would have otherwise qualified for bereavement leave prescribed by this Award,
will be paid bereavement leave in accordance with Clause 32of this Award and
have up to a maximum of two days annual leave re-credited to their accruals.
32.5 In the event that an employee finds it
necessary to travel a distance exceeding 200 kilometres from Broken Hill to
attend the funeral of person prescribed in subclause 32.1 paragraphs (a)-(e)
above, then the two days paid leave provided by sub-clause 32.1 will be
increased to three days.
32.6 Upon receipt of an application by an
employee to attend the funeral of a person who is not a person prescribed in
sub-clause 32.1 paragraphs (a)-(e) above, Council will grant two (2) hours
leave without pay to the employee to attend the funeral, provided that the
leave granted will commence and terminate at the site of the job upon which the
employee is employed.
33. Parental Leave
33.1 General
Relationship with federal legislation - Clauses 33.1, 33.2, 33.3, and
33.5 of this award will apply in addition to:
(a) Chapter 2, Part 2-2,
Division 5 - ‘Parental leave and related entitlements’ of the National
Employment Standard (NES) under the Fair Work Act 2009 (Cth); and
(b) the Paid Parental Leave
Act 2010 (Cth).
Note: Division 5 of the Fair Work Act 2009
(Cth) relates to:
unpaid parental leave, including unpaid
adoption leave
unpaid special maternity leave
transfer to a safe job and no safe job leave
|
Requests for Flexible Working Arrangements
Chapter 2, Part 2-2, Division 4, Requests for Flexible Working
Arrangements of the Fair Work Act 2009, will apply.
33.2 Paid Parental Leave
(a) Definitions - in this clause:
(i) PPL instalments will mean instalments
paid during the paid parental leave period under the Paid Parental Leave Act
2010 (Cth).
(ii) Dad and Partner Pay will mean instalments
paid under Chapter 3A of the Paid Parental Leave Act 2010 (Cth).
(iii) parental leave make-up pay will mean the
employee’s ordinary pay, inclusive of PPL instalments. Where an employee works
a varying number of ordinary hours for 6 months or more in the aggregate in the
12 month period immediately preceding leave associated with the birth of a
child, the employee’s ordinary hours will be deemed to be the average weekly
number of ordinary hours worked during the 12 month period.
(b) Eligibility
This clause
will apply to an employee who is receiving PPL instalments as a primary or secondary
claimant under the Paid Parental Leave Act 2010 (Cth), and who has had
12 months continuous service with the Council immediately prior to the
commencement of paid parental leave.
(c) Entitlement to parental leave make-up pay
(i) An employee will be entitled to parental
leave make-up pay for the period that they are receiving PPL instalments, up to
a maximum of 18 weeks.
(ii) Parental leave make-up pay will be counted
as service for the purposes of long service, annual and sick leave accruals and
superannuation. Superannuation is calculated on the employee’s ordinary rate of
pay.
(iii) Re-qualification period - An employee will
not be entitled to a further period of parental leave make up pay unless the
employee has returned to work for the council for at least 3 months since their
previous period of parental leave.
(d) Employee’s right to choose
(i) An employee who satisfies the eligibility
criteria for paid maternity leave or paid special maternity leave under clause
33 of this Award may elect to receive paid maternity leave and /or paid special
maternity leave in accordance with the provisions of this Award in lieu of the
entitlement to parental leave make-up pay under this award, provided the
re-qualification period in subclause (iii) above will apply.
(ii) This subclause will not apply where
another employee of council receives parental leave make-up pay in connection
with the pregnancy or birth of the child.
33.3 Dad and Partner Pay Make-Up Pay
(a) An employee will be entitled to Dad and
Partner Pay make-up pay for the period that they are receiving Dad and Partner
Pay instalments, up to a maximum of 2 weeks.
(b) Dad and Partner Pay make-up pay will be counted
as service for the purposes of long service, annual and sick leave accruals and
superannuation. Superannuation is calculated on the employee’s ordinary rate of
pay.
(c) Re-qualification period - An employee
will not be entitled to a further period of parental leave make up pay unless
the employee has returned to work for the council for at least 9 months since
their previous period of Dad and Partner Pay make-up pay.
33.4 Adoption Leave
(a) Eligibility
This clause
applies to an employee who is entitled to adoption-related leave under the Fair
Work Act 2009 (Cth).
(b) Pre-adoption Leave
(i) An employee, other than a casual, who is
entitled to unpaid pre-adoption leave under the Fair Work Act 2009 (Cth)
is entitled to up to 2 days paid pre-adoption leave at ordinary pay for the
period of such leave.
(ii) An employee who is entitled to a period of
paid pre adoption leave is entitled to take the leave as:
(1) single continuous period of up to 2 days;
or
(2) any separate periods to which the
employee and council agree.
(c) Adoption Leave
(i) An employee, other than a casual, who has
or will have primary responsibility for the care of an adopted child is
entitled to up to 4 weeks paid adoption leave at ordinary pay from the date the
child is placed with the employee for adoption.
(ii) Paid adoption leave must not extend beyond
4 weeks of the date of placement of the child.
(iii) This subclause will not apply where an
employee of council receives parental leave make-up pay in connection with the
adoption of the child.
33.5 Casual Re-engagement
(a) Council must not fail to re-engage a
regular casual employee as defined in section 53(2) of the Industrial
Relations Act 1996 (NSW) because:
(i) the employee or employee's spouse is
pregnant; or
(ii) the employee is or has been immediately
absent on parental leave.
(b) The rights of Council in relation to
engagement and re-engagement of casual employees are not affected, other than
in accordance with this sub-clause.
34. Paid Maternity Leave
34.1 This clause applies to all full time and
part time female employees who have had 12 months continuous service with
council immediately prior to the commencement of maternity leave or special
maternity leave and to female casual employees who have worked on a regular and
systematic basis with council for at least 12 months prior to the commencement
of maternity leave or special maternity leave.
34.2 Paid maternity leave will mean leave taken
by a female employee in connection with the pregnancy or the birth of a child
of the employee. Paid maternity leave consists of an unbroken period of leave.
34.3 Paid special maternity leave will mean leave
taken by an employee where the pregnancy of the employee terminates before the
expected date of birth (other than by the birth of a living child), or where
she suffers illness related to her pregnancy, and she is not then on paid
maternity leave; provided that a medical practitioner certifies such leave to be
necessary before her return to work.
34.4 An employee will be entitled to a total of 9
weeks paid maternity leave or special maternity leave on full pay; or 18 weeks
maternity leave or special maternity leave on half pay; or maternity leave or
special maternity leave on a combination of full pay or half pay provided the
leave does not exceed the equivalent of 9 weeks on full pay.
34.5 The employee may choose to commence paid
maternity leave before the expected date of the birth.
34.6 Annual leave, long service leave, unpaid
maternity leave and any accumulated time in lieu may be taken in conjunction
with paid maternity leave and special maternity leave, subject to council
approval, provided that the total period of leave does not exceed 104 weeks.
34.7 Employees may take periods of annual leave
and long service leave during unpaid maternity leave at half pay, provided the
total period of all leave does not exceed 104 weeks.
34.8 The period of paid maternity leave and
special maternity leave is taken into account in calculating the employee's
long service, annual and sick leave accruals.
34.9 Where an employee has completed ten years continuous
service, the period of unpaid maternity or adoption leave will count as service
for long service leave purposes, provided that the unpaid maternity or adoption
leave does not exceed six months. For
employees with less than ten years continuous service periods of unpaid
maternity or adoption leave do not count as service for long service leave
purposes.
34.10 Paid maternity leave may not be extended
beyond the first anniversary of the child's birth.
34.11 Payment for maternity leave
and special maternity leave is at the ordinary rate applicable prior to the
commencement of the leave period.
Employees working as permanent part time employees will be paid at their
ordinary part time rate of pay calculated on the regular number of hours
worked. A casual employee's rate of pay
will be calculated by averaging the employee's weekly wage in the 12 months
immediately prior to the employee commencing paid maternity leave or special
maternity leave.
34.12 Paid maternity leave and
paid special maternity leave will be exclusive of public holidays. Where a
public holiday falls during a period where the employee has taken either paid
maternity leave or annual or long
service leave on half pay, the public holiday will also be paid at half pay.
Further, all entitlements will accrue during periods of leave at half pay on a
proportionate basis.
34.13 Notice of intention to take
paid maternity leave the employee must:
provide
council with certification of the expected date of confinement at least 10
weeks before the child is due. This is
known as the first notice.
advise council
in writing of her intention to take paid maternity leave and the proposed start
date at least 4 weeks prior to that date.
This is known as the second notice.
provide a
signed statutory declaration that the employee will be the primary care giver
to the child and that the paid maternity leave will not be taken in conjunction
with any partner accessing paid parental leave entitlements.
34.14 The employee will not engage in any other form
of paid work during the period of paid maternity leave without the approval of
the general manager.
34.15 Subject to an application by the council and
further order of the Industrial Relations Commission of New South Wales, a
council may pay a lesser amount (or no amount) of maternity leave or special
maternity leave than that contained in this clause where council can
demonstrate economic hardship.
34.16 Unpaid adoption leave
(a) An employee who qualifies for paid
adoption leave pursuant to the provisions of sub-clause 33.4(c) is entitled to
unpaid adoption leave as follows:
(i) where the child is under the age of 12
months - a period of not more than 12 months from the date of taking custody;
(ii) where the child is over the age of 12 months
- a period of up to 12 months, such period however is to be agreed upon by the
employee and the Council.
35. Leave Without Pay
If an employee has exhausted all available relevant leave entitlements
then approved leave without pay will be taken at a time convenient to Council
and the employee and will not be counted as service for holidays, long service
leave, sick leave and annual leave. However, leave without pay will not break
continuity of service.
36. Family and Domestic Violence Leave
The employer may grant special leave, either with or without pay, to an
employee for a period as determined by the employer to cover specific matters
approved by the General Manager in relation to leave for victims of family and
domestic violence.
Any period of leave without pay will not be regarded as service for the
purpose of computing entitlements under this award. Such periods of leave
without pay will not however constitute as break in the employee’s continuity
of service.
37. Flexibility for Work and Family
Responsibilities
37.1 An employee, other than a casual employee,
may request flexible work and leave arrangements to enable the individual
employee to attend to work and family responsibilities.
37.2 An employee’s request must be in writing and
be forwarded to Council and the Union.
In addition the request must outline a period within which the
arrangement is to be reviewed by Council and the Union.
37.3 Council and the Union will not unreasonably
withhold agreement to flexible work and leave arrangements, provided Council’s
operational needs are met.
37.4 Flexible work and leave arrangements include
but are not limited to:
(a) make up time;
(b) flexi time;
(c) time in lieu;
(d) leave without pay;
(e) annual leave;
(f) part-time work;
(g) job share arrangements, and
(h) variations to ordinary hours and rosters.
(i) purchased additional annual leave
arrangements
37.5 The terms of a flexible work and leave
arrangement will be in writing and may be varied from time to time, by
agreement, to suit the specific needs of either party.
37.6 Any such agreement will not apply to new or
vacant positions.
38. Public Holidays
38.1 Employees will have holidays without loss of
pay on New Years’ Day; Australia Day; Good Friday; Easter Saturday; Easter Sunday;
Easter Monday; Anzac Day; Queen’s Birthday; Labour Day; Christmas Day; Boxing
Day; Picnic Day (which will be held on Melbourne Cup day each year) and any
other gazetted holiday.
38.2 In addition to the days provided for in
sub-clause 38.1 above employees who are Aboriginal and Torres Straight
Islanders will be entitled to one day during NAIDOC week so that they can
participate in National Aboriginal and Islander Day celebrations. Eligible
employees shall provide the employer with at least seven (7) days’ notice of
their intention to take the holiday in accordance with this subclause, provided
that if less than seven (7) days’ notice is given such leave shall not be
unreasonably refused.
38.3 Payment for work that is rostered in advance
on a public holiday will be paid at triple time, inclusive of the days pay.
38.4 If a holiday falls on an employee’s rostered
day off under a seven day rotating roster, the employee will be paid an
additional ordinary day’s pay, or Council may grant a day’s leave, without loss
of pay, at a mutually convenient time.
38.5 Any employee who is called
in to work on a public holiday or on Easter Saturday will be paid a minimum of
four (4) hours at the rate of double time and a half, exclusive of payment for
the public holiday.
38.6 An employee attending a
Technical College as an approved student on a public holiday, picnic day or
NAIDOC day will receive a day in lieu.
38.7 Where a holiday identified in
subclause 37.1 falls on a Saturday or Sunday and the State Government does not
gazette another day, the holiday will be observed on the day it falls.
39. Trade Union Training Leave
Council will agree to release employees to attend an accredited trade
union training course with pay and such agreement will not be unreasonably
withheld, provided that Council will not be required to pay in excess of 10
days leave per annum.
40. Trade Union Conference Leave
An employee of Council who is an accredited delegate to the Union’s
annual conference will be entitled to paid leave of absence for the duration of
the conference and related travel, provided that should there be more than one
accredited delegate per union, such leave with pay is at the discretion of
Council.
41. Jury Service Leave
41.1 An employee required to attend for jury
service during the employee's ordinary working hours will be reimbursed by the
Council an amount equal to the difference between the amount in respect of the
employee's attendance for such jury service and the amount of wage the employee
would have received in respect of the ordinary time the employee would have
worked had the employee not been on jury service.
41.2 An employee will notify the Council as soon
as possible of the date upon which the employee is required to attend for jury
service. Further the employee will give council proof of attendance, the
duration of such attendance and the amount received in respect of such jury
service.
42. Army Reserve Training
Where an employee as a consequence of a written application approved by
the Council loses time as a result of attending the annual camp of the Army
Reserve the employer will make up the difference between the payment receivable
from the Department of Defence and their wages.
PART 5
CONSULTATIVE
COMMITTEE
43. Consultative Committee Aim
43.1 The parties to the award are committed to
consultative and participative processes. There will be a consultative
committee at Council which will:
(a) provide a forum for consultation between
Council and its employees;
(b) positively co-operate in workplace reform to
enhance the efficiency and productivity of Council and to provide employees
with access to career opportunities and more fulfilling, varied and better paid
work.
SIZE AND
COMPOSITION
43.2 The size and composition of the consultative
committee will be representative of Council’s workforce and agreed to by
Council and the local representatives from the unions.
43.3 The consultative committee will include but
not be limited to employee representatives of each of the unions that are
parties to the Consent Award and who have members employed at Council.
43.4 Officers of the union(s) or Association(s)
may attend and provide input to meetings of the consultative committee, at the
invitation of the consultative committee or their respective members.
SCOPE OF
CONSULTATIVE COMMITTEES
43.5 The functions of the consultative committee
will include:
(a) award implementation
(b) training
(c) consultation with regard to organisation
restructure
(d) job redesign
(e) salary systems
(f) communication and education mechanisms
(g) performance management systems
(h) changes to variable working hours
arrangements for new or vacant positions
(i) local government reform.
43.6 The consultative committee will not consider
matters which are being or should be processed in accordance with clause 36 of
the Award, Dispute Resolution Procedure.
MEETINGS AND
SUPPORT SERVICES
43.7 The consultative committee will make
recommendations based upon consensus. Where there is no consensus on a
particular item, the recommendation to council should note the dissenting
views.
43.8 The consultative committee will meet as
required.
PART 6
DISCIPLINARY
PROCEDURES
44. Disciplinary Procedures
A. EMPLOYEE'S RIGHTS
Notwithstanding the procedures contained below, an employee shall:
(i) Have access to their
personal files and may take notes and/or obtain copies of the contents of the
file.
(ii) Be entitled to sight, note and/or respond
to any information placed on their personal file which may be regarded as
adverse.
(iii) Be entitled to make application to delete
or amend any disciplinary or other record mentioned on their personal file
which the employee believes is incorrect, out-of-date, incomplete or
misleading.
(iv) Be entitled to request the presence of a
union representative and/or the involvement of their union at any stage.
(v) Be entitled to make application for accrued
leave for whole or part of any suspension during the investigation process.
B. EMPLOYER'S RIGHTS AND
OBLIGATIONS
Notwithstanding the procedures contained below, the employer shall:
(i) Be entitled to suspend an employee with
or without pay during the investigation process provided that:
(a) the suspension shall not be for longer
than is reasonably necessary to conduct a proper investigation.
(b) the suspension shall be limited to
circumstances where suspected unsatisfactory work performance or conduct, if
substantiated, would constitute a serious breach of the employer’s code of
conduct, policies, procedures, or the employee’s contract of employment.
(c) suspension without pay during an
investigation shall be for a period of not more than two weeks, except where
the progress of the investigation is delayed due to the unavailability of the
employee and/or their representative in which case the period of suspension
without pay may be extended for a further period of up to 7 days or such
greater period by agreement.
(d) If, after investigation, the reasons for
the suspension are found to be inappropriate, the employee shall not suffer any
loss of pay for the period under suspension.
(e) The suspension shall not affect the
employee's continuity of service for the purposes of accruing leave
entitlements.
(f) The employer shall not unreasonably
refuse an application for paid leave under this provision.
(g) By agreement an employee may be
transferred to another position or place of work.
(ii) Be entitled to request the presence of an
Association and/or union representative at any stage.
C. WORKPLACE INVESTIGATIONS
(i) The parties to the Award have agreed on
guidelines (“guidelines”) concerning workplace investigations.
(ii) Failure to comply with the guidelines may
be used as evidence that a person or employer has failed to properly conduct or
speedily conclude a workplace investigation. However, a person or employer
cannot be prosecuted only because of a failure to comply with the guidelines.
(iii) Upon becoming aware of possible
unsatisfactory work performance or conduct by an employee the employer may
decide to investigate.
(iv) Workplace investigations are a process by
which employers gather information to assist the employer to make an informed
decision. Workplace investigations
typically involve enquiring, collecting information and ascertaining facts.
(v) When deciding whether to investigate
possible unsatisfactory work performance or conduct, factors that the employer
should consider include:
The
seriousness of the possible unsatisfactory work performance or conduct;
How recent the
possible unsatisfactory work performance or conduct occurred;
Potential
implications in not undertaking an investigation;
Whether there
have been concerns, threats or allegations made against the employee previously
by any complainant;
Whether the
complaint itself has been copied to others, thereby indicating that any
allegation about work performance or conduct may be vexatious, punitive or
harassment; and
Whether there
are any mitigating factors (for example drug/alcohol dependency, health issues
including mental health issues, or family/domestic violence issues).
(vi) Employers shall properly conduct and
speedily conclude workplace investigations concerning possible unsatisfactory
work performance or conduct.
D. DISCIPLINARY PROCEDURES
(i) Where an employee's work performance or
conduct is considered unsatisfactory, the employee and the employer will refer
to and follow Councils Performance and Misconduct Policy, Discipline Procedure
and associated documents.
E. PENALTIES
(i) After complying with the requirements above,
the employer will refer to and follow Councils Performance and Misconduct
Policy, Discipline Procedure and associated documents when determining if
appropriate penalties may/may not be warranted.
PART 7
DISPUTE
RESOLUTION
45. Dispute Resolution Procedure
45.1 At any stage of the procedure, the
employee(s) may be represented by their union or its local
representative/delegate and the Council represented by the Association.
45.2 The union delegate will have reasonable
time, without loss of pay, to discuss a grievance or dispute with management at
the local level where prior approval is sought. Such approval will not be
unreasonably withheld.
45.3 A grievance or dispute will be dealt with as
follows:
(a) The employee(s) will notify the supervisor,
or other authorised officers of any grievance or dispute and the remedy sought,
in writing.
(b) A meeting will be held between the
employee(s) and the supervisor to discuss the grievance or dispute and the
remedy sought within two working days of notification.
(c) If the matter remains unresolved, the
employee(s) may request the matter be referred to the head of the department or
other authorised officer for discussion. A further meeting between all parties
will be held as soon as practicable.
(d) If the matter remains unresolved the
general manager will provide the employee(s) with a written response. The
response will include the reasons for not implementing any proposed remedy.
(e) Where the matter remains unresolved, it
may be referred to the employee's union or representative and by the general
manger or other authorised officer to the Association for further discussion
between the parties.
(f) If a dispute arises steps will be taken
immediately to arrange a conference between Council and the Union or Unions
concerned. No further action on the
matter will be taken until the conference has been held and at least two
ordinary working days have elapsed subsequent to the holding of such a
conference.
45.4 The Industrial Registrar may be advised of
the existence of a dispute at any stage of this procedure.
45.5 During this procedure and while the matter is
in the course of negotiation, conciliation and/or arbitration, the work
practices existing prior to the dispute will as far as practicable proceed as
normal.
PART 8
WORKPLACE CHANGE
46. Workplace Change
46.1 Definitions
(a) In this clause: “Significant effects”
include:
·
termination
of employment; or
·
major
changes in the composition, operation or size of the employer's workforce or in
the skills required; or
·
the
loss of or reduction in, job or promotion opportunities or job tenure; or
·
the
alteration of hours of work; or
·
the
need for employees to be retrained or transferred to other work or locations;
or
·
job
restructuring. Provided that where the Award makes provision for the alteration
of any of the matters referred to above such an alteration shall be deemed not
to have significant effect.
46.2 Pre-Proposal Stage
(a) An employer may consult with relevant
employees and/or unions, where appropriate, when developing options for
proposed workplace change.
(b) Consultation under subclause (ii)(a) does
not need to occur in writing.
46.3 Proposal Stage
(a) Employer’s duty to notify a proposed workplace
change that is likely to have significant effects – Subject to the exceptions
identified at subclause (v) of this clause, where the employer proposes a
workplace change that is likely to have significant effects, the employer shall
provide notice in writing and transmitted electronically (where available), to
the employees who may be affected by the proposed change and the unions to
which they belong at least twenty-eight (28) days prior to making a definite
decision.
(b) Notice of proposed workplace change under
subclause (iii)(a) shall include:
(1) the nature of the proposed change;
(2) the reasons for the proposed change;
(3) the positions likely to be affected; and
(4) such other information as is reasonable
in the circumstances.
(c) Employer’s duty to discuss proposed
workplace change – The employer shall discuss with the employees likely to be
affected and the unions to which they belong, what effects the proposed change
is likely to have on the employees and any alternative proposals. The employer
shall give prompt consideration to matters raised by the employees and their
unions in relation to the proposed change. These discussions shall commence as
early as practicable.
(d) The employer shall provide all relevant
information to the employees and the union to which they belong.
(e) The employer may reconsider the original
proposed workplace change.
(f) Competitive tendering – Where employees
who are adversely affected by the proposed changes request the employer’s
assistance to submit an in-house bid and the employer refuses that request, the
employer shall provide the reasons in writing.
46.4 Decision and Implementation Stage
(a) Employer’s duty to notify a definite
decision that has significant effects – Subject to the exceptions identified at
subclause (v) of this clause, where the employer has made a definite decision
to introduce major workplace change that has significant effects on employees,
the employer shall provide notice in writing and transmitted electronically
(where available), to the employees who will be affected by the change and the
unions to which they belong at least seven (7) days before a definite decision
is implemented.
(b) The purpose of the Decision and
Implementation Stage is for the employer to discuss with affected employees and
the unions to which they belong, measures to minimise or mitigate the adverse
effects of the definite decision. At this Stage the employer is not bound to
give any further consideration to matters raised by the employees and their
unions in relation to the proposed workplace change.
(c) Notice of a definite decision under
subclause (iv)(a) shall include (where applicable):
(1) the nature of the definite change;
(2) the reasons for the definite change;
(3) the positions to be affected;
(4) in the case of termination of employment:
·
The
number and category of employees whose employment is to be terminated; and
·
The
period over which the terminations are likely to be carried out;
(5) such other information as is reasonable
in the circumstances.
(d) Employer’s duty to discuss – The employer
shall discuss with the employees affected and the unions to which they belong,
measures to avert or mitigate any adverse effects of the change on employees
and shall give prompt consideration to matters raised by employees and their
unions.
(e) The discussions shall take place as soon
as practicable after the employer has made a definite decision and shall cover
measures to avoid or minimise any adverse effects on the employees. Measures to
mitigate adverse effects on employees may include, consideration of re-training
opportunities; redeployment (including redeployment into positions occupied by
casual and labour hire staff); recruitment advice; the payment of relocation
allowances; provision of additional notice; access to an employee assistance
program; financial advice and such other assistance as may be reasonably
available.
(f) Implementation – Subject to subclause (v)
of this clause, the employer shall not implement a definite decision to
introduce major workplace change that has significant effects on employees
until the obligations under subclauses (iv)(a) and (iv)(d) of this clause have
been met.
46.5 Exceptional circumstances
(a) Notwithstanding the provisions of
subclauses (iii) and (iv) of this clause, workplace change may be implemented
in accordance with the timelines in column B that relate to the circumstances
set out in column A in the table below:
A
|
B
|
If affected employees consent to workplace change
|
Immediately
|
If all unions with coverage of the affected employees consent to the
workplace change
|
Immediately
|
Exceptional Circumstances
|
14 days after the provision of Written
Notice
|
(b) For the purpose of this subclause
Exceptional Circumstances refers to workplace change that is the result of
something that is unexpected and beyond the employer’s control that results in
a significant loss of funding for positions or no useful work for employees in
the foreseeable future.
(c) For the purpose of this subclause Written
Notice means notification that is in writing and transmitted electronically
(where available) to the employees affected by the change and the unions to
which they belong. The Written Notice shall include (where applicable):
(1) the nature of the definite change;
(2) the reasons for the definite change;
(3) the positions to be affected;
(4) in the case of termination of employment:
· The number and category of employees whose
employment is to be terminated; and
· The period over which the terminations are
likely to be carried out;
(5) such other information as is reasonable
in the circumstances.”
PART 9
TERMINATION OF EMPLOYMENT
AND REDUNDANCY
47. Termination of Employment
47.1 Council and/or the employee will give a
period of notice of intention to terminate employment in accordance with the
following scale or by payment in lieu thereof:
Length of
service
|
Period of notice
|
Less than 2 years
|
2 weeks
|
2 years and less than 3 years
|
3 weeks
|
3 years and less than 5 years
|
4 weeks
|
5 years and beyond
|
5 weeks
|
47.2 The period of notice in the table in sub-clause
47.1 must be increased by one (1) week if the employee is over forty five (45)
years old and has completed at least two (2) years of continuous service with
Council. The employee is not required to provide an additional weeks notice.
47.3 In cases of serious misconduct, Council may
summarily dismiss an employee following a proper investigation and provided the
employee is afforded procedural fairness.
Where an employee is summarily dismissed clauses 47.1 and 47.2 will not
apply.
47.4 Nothing in clause 47.1 prevents the Council
and employee from agreeing to a lesser period of notice.
47.5 Except where otherwise provided, the above
requirements do not apply when clauses 49 or 50 (Redundancy) apply.
48. Redundancy - General Application, Process and
Consultation
48.1 It is agreed that the inclusion of this
clause in the Award does nothing whatsoever to vary or influence the
understanding that the strongest endeavours of the Council and the relevant
union(s) and the employees affected will be directed to ensuring that all
employees are placed in alternative permanent employment and that the
implementation of this clause will not in any manner be used to influence or
encourage any employee to terminate employment before every practical effort has
been made by all parties to have an employee who may otherwise be deemed
redundant placed in an alternative job.
48.2 Notwithstanding anything contained elsewhere
in this clause, this clause will not apply where employment is terminated as a
consequent of conduct that justifies instant dismissal, including malingering,
inefficiency or neglect of duty, or in the case of casual employees or
employees engaged for a specific period of time, or for a specific task or
tasks, or where employment is terminated due to the ordinary and customary
turnover of labour.
48.3 Notwithstanding anything contained elsewhere
in this clause, this clause will not apply to employees with less than one
years’ continuous service and the general obligation on Council will be not
more than to give such employees an indication of the impending redundancy at
the first reasonable opportunity and to take such steps as may be reasonable to
facilitate the obtaining by the employees of suitable alternative employment.
48.4 Where Council has made a definite decision
to introduce changes in production, program, organisation structure or
technology that are likely to have significant effects on employees, Council
will notify the employees who may be affected by the proposed changes and the
union to which they belong.
48.5 Council’s duty to discuss change:
(i) Council will discuss with the employees
affected and the union to which they belong, inter alia, the introduction of
the changes, the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and will give prompt consideration to matters raised by the employees and/or
the union(s) in relation to the changes.
(ii) The discussion will commence as early as
practicable after a decision has been made by the employer to make the changes.
(iii) For the purpose of such discussions,
Council will provide to the employees concerned and the union to which they
belong, all relevant information about the changes including the nature of the
changes proposed, the expected effects of the changes on employees and any
other matters likely to affect employees, provided that Council will not be
required to disclose confidential information, the disclosure of which would adversely
affect Council.
48.6 A "redundant employee" means a
person who is employed on a permanent basis by Council whose services will
become redundant on account of the introduction or proposed introduction by the
Council of mechanisation or technological changes or the reorganisation of the
Council’s structure, systems or methods of operation and when the Council
concludes that in co-operation with the Unions and the employee that it has
been unsuccessful in providing alternative employment.
This definition
will not apply to any person engaged by the Council on a temporary, casual or
short term basis or any person engaged to work on a special employment projects
such as government funded unemployment relief programmes or the like.
48.7 In every case, potentially redundant
employees will be retrained to fill permanent position which are available or
about to become available in the Council’s work forces in any of the Council’s
various departments.
48.8 The Council will retrain the employee for a reasonable
period at all times receiving the earnest co-operation of the employee in
acquiring the new skills intended to be achieved by the training.
48.9 Whenever practicable and in accordance with
normal practice, the necessary retraining will be carried out by the Council in
its time and at its expense. If the Council considers that "in house"
training should be supplemented by training at an outside institution (e.g. the
Broken Hill Technical College), all reasonable costs of such additional
training will be met by the employer. If the training at the outside
institution is available in "out of normal work hours", the employee
will be required to attend that training in their own time without additional
payment of time off in lieu. The costs of training will in such circumstances
be met by the Council.
48.10 In the event of a potentially redundant
employee transferring to new duties for which there is prescribed a rate of pay
higher than that previously paid to them, such rate of pay will apply from the
date of that employee’s transfer.
48.11 In the event of a
potentially redundant employee transferring to new duties for which there is
prescribed a rate of pay lower than that previously paid to them, such lower
rate will not apply until 13 weeks after the date of the employee’s transfer.
Where an employee is transferred to lower paid duties as a result of the
introduction of changes in production, program, organisation, structure or
technology, the employee will be entitled to the same period of notice of
transfer as the employee would have been entitled to if the employee’s
employment had been terminated and Council may, at its own discretion make
payment in lieu thereof, an amount equal to the difference between the former
ordinary time rate of pay, and the new ordinary time rate for the number of
weeks notice still owing.
48.12 Shift allowances will not be
taken into account when comparing the rate of pay for the purposes of
subclauses 48.10 and 48.11
48.13 Having regard to the
intention of all parties that no person will become redundant, if it is not
possible to retrain a potentially redundant employee to new duties, an employee
will become redundant and the Council will give such employee four (4) weeks’
notice of the termination of their employment.
48.14 Council may summarily
dismiss an employee without notice for neglect of duty or misconduct in which
case wages will be paid up to the time of dismissal only. The rights of the
Council will not be prejudiced by the fact that the employee has been given
notice of the termination of their employment pursuant to clause 48.13
In the event
of dispute arising over the Council’s action with regard to summary dismissal,
the relevant union will on submission of a request to that effect in writing be
entitled to seek a meeting with the Council at the earliest practicable date to
discuss the matter.
48.15 This sub-clause will apply to redundant
employees as defined in sub-clause 48.1 Nothing contained in this clause will
be construed to mean that the Council will not be entitled to dismiss an
employee in the ordinary course of its business without being required to give
the notice mentioned in sub-clause 48.13 and 48.14, or to make the severance
payments mentioned in the relevant subclauses 49.2 or 50.2.
48.16 If Council fails to give any such notice in
full:
(a) it will pay the employee at the ordinary
rate of pay applicable to them for a period equal to the difference between the
full period of notice and the period of notice actually given; and
(b) the period of notice required by this
sub-clause to be given will be deemed to be service with the Council for the
purpose of calculating long service leave and annual leave entitlements (but
not sick leave).
48.17 Where a decision has been made to terminate an
employee due to redundancy, Council will provide the employee with an
"Employment Separation Certificate" and a statement of service.
Furthermore, where 15 or more employees are made redundant, Council will notify
Centrelink as soon as possible, giving the relevant information including the
number and categories of the employees likely to be affected and the period
over which the terminations are intended to be carried out.
48.18 Subject to an application by Council and
further order of the Industrial Relations Commission, Council may pay a lesser
amount (or no amount) of severance pay than that contained in the relevant
sub-clause 49.2 or 50.2. The Industrial Relations Commission will have regard
to such financial and other resources of Council as the Commission thinks
relevant and the probable effect paying the amount of severance pay in the
relevant subclause 49.2 or 50.2 will have on Council.
48.19 Subject to an application by Council and
further order of the Industrial Relations Commission, Council may pay a lesser
amount of severance pay than that contained in the relevant sub-clause 49.2 or
50.2 if Council obtains acceptable alternative employment for an employee.
48.20 Whenever a redundant
employee whose services have been terminated will be re-employed by the
Council, the period of their employment will thereafter be deemed for all
purposes to have commenced on the date of their re-employment.
48.21 A redundant employee who is
a contributor to the Local Government Superannuation Scheme may anticipate
Council’s assistance in completing documentation for submissions to the Local
Government Superannuation Board.
49. Redundancy - Employees Engaged Prior to 21
December 2015
49.1 As of 16 March 2010 should the need arise to
calculate the redundancy entitlements of aged and community care employees this
will be done by referring to the entitlement identified at clause 49.2, that
being the entitlement as of 16 March 2010 in addition to any further
entitlements accrued from 16 March 2010 to the date of the proposed termination
in accordance with the table at subclause 49.2.
49.2 A redundant employee will be entitled to
severance allowances calculated as follows:
All such redundant
employees will receive a minimum of six weeks’ pay.
All such
redundant employees will receive an additional payment at the rate of three (3)
weeks’ pay for each completed year of service, plus a pro-rata payment for each
additional completed month of service. The number of weeks’ pay due to any such
redundant employee in respect of completed years of service will be:
Completed Year
of Service
|
Scale of
Payments
(Weeks)
|
Completed Year
of
Service
|
Scale of
Payments
(Weeks)
|
1
|
9
|
26
|
84
|
2
|
12
|
27
|
87
|
3
|
15
|
28
|
90
|
4
|
18
|
29
|
93
|
5
|
21
|
30
|
96
|
6
|
24
|
31
|
99
|
7
|
27
|
32
|
102
|
8
|
30
|
33
|
105
|
9
|
33
|
34
|
108
|
10
|
36
|
35
|
111
|
11
|
39
|
36
|
114
|
12
|
42
|
37
|
117
|
13
|
45
|
38
|
120
|
14
|
48
|
39
|
123
|
15
|
51
|
40
|
126
|
16
|
54
|
41
|
129
|
17
|
57
|
42
|
132
|
18
|
60
|
43
|
135
|
19
|
63
|
44
|
138
|
20
|
66
|
45
|
141
|
21
|
69
|
46
|
144
|
22
|
72
|
47
|
147
|
23
|
75
|
48
|
150
|
24
|
78
|
49
|
153
|
25
|
79
|
50
|
156
|
49.3 For the purposes of this sub-clause "a
week’s pay" will be deemed to be the week’s pay presently used as the basis
for calculation of annual leave entitlements.
49.4 All such redundant employees will be paid
the value of their accrued sick leave calculated in accordance with the terms
of this Award together with the value of all payments legally due to them in respect
of annual leave and/or long service leave entitlements.
50. Redundancy - Employees Engaged on or after 21
December 2015
50.1 This clause applies to all employees whose
employment commenced with Council on or after 21 December 2015 and whose employment
has been terminated due to redundancy.
50.2 In addition to any required period of
notice, and subject to the provisions of clause 48, the employee will be
entitled to the following severance payments in accordance with the table. ‘A
week’s pay’ will have the same meaning as in clause 49.3 of this Award.
Completed Year
of Service
|
Scale of
Payments
(Weeks)
|
1
|
9
|
2
|
12
|
3
|
15
|
4
|
18
|
5
|
21
|
6
|
24
|
7
|
27
|
8
|
30
|
9
|
33
|
10
|
36
|
11
|
39
|
12
|
42
|
13
|
45
|
14
|
48
|
15
|
51
|
16
|
54
|
17
|
57
|
18
|
60
|
19
|
63
|
20
|
66
|
21
|
69
|
22
|
72
|
23
|
75
|
24
|
78
|
25
|
79
|
26
|
84
|
27
|
87
|
28
|
90
|
29
|
93
|
30
|
96
|
31
|
99
|
32
|
102
|
33
|
105
|
PART 10
MISCELLANEOUS
51. Work, Health and Safety
51.1 Council will provide a safe place of work
and work practices in accordance with the provisions of the Workplace Health
and Safety Act 2011 (NSW).
51.2 Council will make appropriate provision for
employees with regard to accommodation and shelter and will satisfy the
provisions of the Workplace Health and Safety Act 2011 (NSW) and
Regulations.
51.3 Council will supply employees with
protective clothing and equipment suitable to the nature of the work performed
and the work environment and that will satisfy the relevant legislation. Safety footwear and leather boot laces will
be replaced by Council on a sharp for blunt basis.
51.4 All new graders, loaders, backhoes, trucks
and rollers will be fitted with air conditioning where practicable.
51.5 Vehicles and plant used in
the collection, transportation and disposal of waste, tar patching, patrol
grading or like duties will be of high visibility and fitted with a flashing
light or a light visible from all points around the vehicle.
51.6 Council will provide oil or
other suitable solvents to employees for the removal of creosote, tar, bitumen
emulsions or similar preparations.
51.7 Where any acidic or caustic
products are used by employees, adequate facilities will be provided to enable
them to wash any affected areas and an adequate quantity of barrier cream will
be provided.
51.8 Employees will be supplied
cool drinking water throughout the day.
51.9 No employee will be
required to work alone outside of built-up areas without all available communications
to allow continuous contact in all conditions.
51.10 Where an employee during the
course of work, sustains damage to clothing by fire, molten metal, tar or any
corrosive substances which is not attributable to the employee's negligence,
the employee will be compensated by Council to an agreed amount.
52. Labour Hire and Contract Businesses
52.1 For the purposes of this subclause, the
following definitions will apply:
(a) 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 a council for the purpose of such
staff performing work or services for that other council.
(b) A "contract business" is a business
(whether an organisation, business enterprise, company, partnership,
co-operative, sole trader, family trust or unit trust, corporation and/or
person) which is contracted by a council to provide a specified service or
services or to produce a specific outcome or result for that council which
might otherwise have been carried out by that council’s own employees.
52.2 If Council engages a labour hire business
and/or a contract business to perform work wholly or partially on Council’s
premises then Council will do the following (either directly, or through the
agency of the labour hire or contract business):
(a) consult with employees of the labour hire
business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(b) 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) 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) 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.
52.3 Nothing in this sub-clause of the Award is
intended to affect or detract from any obligation or responsibility upon a
labour hire business arising under the Work, Health and Safety Act 2011 or the
Workplace Injury Management and Workers Compensation Act 1998.
52.4 Where a dispute arises as to the application
or implementation of this clause, the matter will be dealt with pursuant to the
disputes settlement procedure of this award.
52.5 This clause has no application in respect of
organisations which are properly registered as Group Training Organisations
under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate
legislation) and are deemed by the relevant State Training Authority to comply
with the national standards for Group Training Organisations established by the
ANTA Ministerial Council.
53. Outsourcing
53.1 When considering contracting out or
outsourcing, Council will take into account the following:
(a) Whether there are insufficient overall
resources available to meet the current Council work commitment and timetable;
or
(b) Whether the failure to complete work in a
reasonable time jeopardises the safety of the public or adversely impacts upon
system performance; or
(c) Whether the use of outsourced or contract
work is commercially the most advantageous option taking into account: the
quality, safety, performance, cost and overall strategic direction of Council.
(d) If after this process has been conducted a
decision to outsource has been made, the Contractor engaged to perform the work
must provide written undertakings to comply and conform with:
(i) Council’s safety, environmental and
quality standards; and
(ii) all Acts, Awards and Agreements affecting the
employees of the Contractor.
54. Further Education
54.1 Apprentices and employees deemed to be
approved students undertaking trades courses or certificate courses, part-time
diploma or degree courses (including librarians) will be allowed time off to
attend during working hours. The
entitlement to time off is subject to the following conditions:
(a) That period which are allowed will be
limited to eight hours per week and will in no case exceed the lesson time
needed to undertake the subjects set down in the syllabus for the course
studied.
(b) A time sheet signed by the lecturer or the
instructor covering these attendances will be produced by the student.
(c) All courses and awards required for
continuing employment and advancement in career paths are to be paid for by
Council upon successful completion.
54.2 On the production of a letter from the
Principal of the institution concerned stating that they have satisfactorily
completed a year’s work in any subject of an approved course which is
appropriate to their work a clerical employee will be refunded the fees paid in
respect of that year.
54.3 On the production of a letter from the
Principal of the institution concerned stating that they have satisfactorily
completed a year’s work in any subject of an approved course which is
appropriate to their work, and receipts for text books prescribed for that
year’s work, a clerical employee will be paid the cost of the prescribed text
books or fifty dollars ($50.00), whichever is the lesser amount.
54.4 One set of the current S.A.A. Wiring Rules
will be supplied to all electrical technicians.
54.5 Where, with the approval of Council, an
employee undertakes a TAFE College, College of Advanced Education or University
Course by correspondence and it is necessary in order to qualify under such
course to undergo practical training or examination outside Broken Hill, the
Council will reimburse travelling expenses incurred which do not exceed the
cost of a first class return rail fare.
55. Multiple Employment
55.1 Where an employee is employed in a second
position with the employer the second position may, for all purposes of the
Award, be regarded as a separate and distinct employment engagement from the
original employment provided that:
(i) the positions involve different duties or
are in different work function areas; and
(ii) the employee agreed to the employment in
the second position.
Any existing
agreements in place prior to 17 May 2018 will continue to operate unless varied
by agreement.
PART 11
SAVINGS AND
TRANSITIONAL
56. Leave Reserved and No Further Claims
56.1 Leave is reserved for the parties to this
Award to make application to the Industrial Relations Commission of New South
Wales to amend this Award with provisions that facilitate:
A seven (7)
day spread of hours for all employees;
Junior Rates
of pay for persons less than 21 years of age.
Camping out
provisions and allowance
56.2 The parties undertake to engage in further
discussions regarding employees receiving additional leave pursuant to clause
28 of this Award, and to work together to find a solution that assists Council
to reduce it’s leave liabilities.
56.3 Except as otherwise provided in sub-clause
48.1, it is a term of this Award that the Union undertakes not to pursue any
extra claims, Award or over Award, of a general nature, for the duration of the
Award.
56.4 Following any adjustment to the federal
Local Government Industry Award 2010, leave is reserved for the parties to
apply to amend the meal allowance set out in Clause 14.4 to reflect such
adjustment. The relevant adjustment factor for this purpose is the percentage
movement in the index figure published by the Australian Bureau of Statistics
for Eight Capitals, take away and fast food sub-group (Cat No 6401.0).
PART 12
SCHEDULES
Schedule 1 -
Weekly Rates of Pay and Allowances
Table 1 - Weekly
Rates of Pay for Entry Level
Grade
|
Step
|
FFPP on or after
1/7/2020
(2.75%)
$
|
FFPP on or after
1/7/2021
(2.75%)
$
|
FFPP on or after
1/7/2022
(4.00%)
$
|
FFPP on or after
1/7/2023
(3.25%)
$
|
FFPP on or after
1/7/2024
(3.25%)
$
|
1
|
1
|
1,060.68
|
1,089.84
|
1,133.43
|
1170.27
|
1208.30
|
|
2
|
1,079.80
|
1,109.49
|
1,153.87
|
1191.37
|
1230.09
|
|
3
|
1,099.41
|
1,129.65
|
1,174.84
|
1213.02
|
1252.44
|
|
4
|
1,119.50
|
1,150.29
|
1,196.30
|
1235.18
|
1275.32
|
2
|
1
|
1,087.91
|
1,117.83
|
1,162.54
|
1200.33
|
1239.34
|
|
|