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New South Wales Industrial Relations Commission
(Industrial Gazette)





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Crown Employees (SAS Trustee Corporation) Award 2021
  
Date08/04/2023
Volume394
Part9
Page No.1228
DescriptionAR - Award Reprint (Consolidation)
Publication No.C9678
CategoryAward
Award Code 1901  
Date Posted08/07/2023

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(1901)

SERIAL C9678

 

Crown Employees (SAS Trustee Corporation) Award 2021

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

This reprint of the consolidated award is published under the authority of the Industrial Registrar pursuant to section 390 of the Industrial Relations Act 1996, and under clause 6.6 of the Industrial Relations Commission Rules 2022.

 

I certify that the form of this reprint, incorporating the variations set out in the schedule, is correct as at 1 July 2023.

 

 

E. ROBINSON,  Industrial Registrar

 

 

Schedule of Variations Incorporated

 

Variation Serial No.

Date of Publication

Effective Date

Industrial Gazette Reference

 

 

 

Volume

Page No.

C9674

4 August 2023

1 July 2023

394

1519

 

AWARD

 

PART A

 

SECTION 1 - FRAMEWORK

 

1.  Arrangement

 

Clause No.        Subject Matter

 

PART A

 

SECTION 1 - FRAMEWORK

 

1.        Arrangement

2.        Title

3.        Definitions

4.        Parties to the Award

5.        Conditions of Employment

6.        Coverage

7.        Statement of Intent

8.        Work Environment

9.        Grievance and Dispute Settling Procedures

10.      Salaries and Grades

 

SECTION 2 - ATTENDANCE/HOURS OF WORK

 

11.      Working Hours

12.      Casual Employment

13.      Part-Time Employment

14.      Morning and Afternoon Breaks

15.      Meal Breaks and Lactation Breaks

16.      Variation of Hours

17.      Natural Emergencies and Major Transport Disruptions

18.      Notification of Absence from Duty

19.      Public Holidays

20.      Standard Working Hours

21.      Flexible Working Hours

22.      Non-Compliance

23.      Flexible Work Practices

24.      Existing Hours of Work Determinations

 

SECTION 3 - TRAVEL ARRANGEMENTS

25.      Travelling Compensation

26.      Assistance with Public Transport Tickets for Travel to Work

27.      Excess Travelling Time

28.      Waiting Time

29.      Meal Expenses on One-Day Journeys

30.      Restrictions on Payment of Travelling Allowances

31.      Production of Receipts

32.      Travelling Distance

 

SECTION 4 - ALLOWANCES AND OTHER MATTERS

 

33.      Allowance Payable for Use of Private Motor Vehicle

34.      Damage to Private Motor Vehicle Used for Work

35.      Overseas Travel

36.      Exchanges

37.      Room at Home Used as Office

38.      Semi-Official Telephones

39.      Compensation for Damage to or Loss of Employee’s Personal Property

40.      First Aid Allowance

41.      Review of Allowances Payable in Terms of This Award

 

SECTION 5 - UNION CONSULTATION, ACCESS AND ACTIVITIES

 

42.      Trade Union Activities Regarded as On Duty

43.      Trade Union Activities Regarded as Special Leave

44.      Trade Union Training Courses

45.      Conditions Applying to On Loan Arrangements

46.      Period of Notice for Trade Union Activities

47.      Access to Facilities by Trade Union Delegates

48.      Responsibilities of the Trade Union Delegate

49.      Responsibilities of the Trade Union

50.      Responsibilities of Workplace Management

51.      Right of Entry Provisions

52.      Travelling and Other Costs of Trade Union Delegates

53.      Industrial Action

54.      Consultation and Technological Change

55.      Deduction of Trade Union Membership Fees

 

SECTION 6 - LEAVE

 

56.      Leave - General Provisions

57.      Absence from Work

58.      Applying for Leave

59.      Extended Leave

60.      Family and Community Service Leave

61.      Leave Without Pay

62.      Military Leave

63.      Observance of Essential Religious or Cultural Obligations

64.      Parental Leave

65.      Purchased Leave

66.      Recreation Leave

67.      Annual Leave Loading

68.      Sick Leave

69.      Sick Leave - Requirements for Evidence of Illness

70.      Sick Leave to Care for a Family Member

71.      Sick Leave - Workers Compensation

72.      Sick Leave - Claims Other than Workers Compensation

73.      Special Leave

 

SECTION 7 - TRAINING AND PROFESSIONAL DEVELOPMENT

 

74.      Staff Development and Training Activities

75.      Study Assistance

 

SECTION 8 - OVERTIME

 

76.      Overtime - General

77.      Overtime Worked by Day Workers

78.      Overtime Meal Breaks

79.      Overtime Meal Allowances

80.      Rate of Payment for Overtime

81.      Payment for Overtime or Leave in Lieu

82.      Calculation of Overtime

83.      Provision of Transport in Conjunction with Working of Overtime

 

SECTION 9 - MISCELLANEOUS

 

84.      Anti-Discrimination

85.      Secure Employment

86.      Existing Entitlements

87.      Incidence and Duration

88.      No extra claims

 

PART B

 

MONETARY RATES

 

Table 1 - Allowances

Table 2 - Salary Rates

 

2.  Title

 

This award shall be known as the Crown Employees (SAS Trustee Corporation) Award 2021.

 

3.  Definitions

 

3.1      Act means the Government Sector Employment Act 2013.

 

3.2      Accumulation means the accrual of leave or time. In respect of weekly study time accumulation means the aggregation of short periods of weekly study time which is granted for private study purposes.

 

3.3      Agreement means an agreement referred to in section 51 of the Act or an agreement as defined in the Industrial Relations Act 1996 (NSW).

 

3.3      Association means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

3.4      At the convenience of means the operational requirements permit the employee's release from duty or that satisfactory arrangements are able to be made for the performance of the employee's duties during the absence.

3.5      Award means an award as defined in the Industrial Relations Act 1996.

 

3.6      Birth means the birth of a child and includes stillbirth.

 

3.7      Capital City means the area set out as the area for the Sydney Telephone District Directory coded N00 in the Sydney White Pages or within a corresponding area in the Capital City of another State or Territory.

 

3.8      Casual Employee means any employee engaged in terms of section 43 of the Act, and any guidelines issued thereof or as amended from time to time.

 

3.9      Chief Executive Officer means the Chief Executive of SAS Trustee Corporation as defined in the Superannuation Administration Act 1996 (NSW) or any acting Chief Executive Officer.

 

3.10    Contract hours, for the day for a full time employee, means one fifth of the full time contract hours, as defined in this award.  For a part time employee, contract hours for the day means the hours usually worked on the day.

 

3.11    Corporation means the SAS Trustee Corporation, as defined in the Act.

 

3.12    Daily rate or Rate per day means the rate payable for 24 hours, unless otherwise specified.

 

3.13    Day worker means an employee who works the ordinary hours from Monday to Friday inclusive between the hours of 7.30 a.m. and 6.00 p.m. or as negotiated under a local arrangement.

 

3.14    Employees means persons employed by the Corporation under Section 21 of the Act whose positions and rates of pay are set out in Table 2 - Salary Rates of Part B, Monetary Rates, of this award. For the purposes of maternity leave, as set out in clause 64, Parental Leave of this award, employee means a female employee.

 

3.15    Expected date of birth, in relation to an employee who is pregnant, means a date specified by her medical practitioner to be the date on which the medical practitioner expects the employee to give birth as a result of the pregnancy.

 

3.16    Extended leave means extended (long service) leave to which an employee is entitled under the provisions of the Act, as amended from time to time.

 

3.17    Flexible working hours credit means the time exceeding the contract hours for a settlement period and includes any time carried over from a previous settlement period or periods.

 

3.18    Flexible working hours debit means the contract hours not worked by an employee and not covered by approved leave during the settlement period, as well as any debit carried over from the previous settlement period or periods.

 

3.19    Flexible working hours scheme means the scheme outlined in clause 21, Flexible Working Hours, of this award which enables employees, subject to operational requirements, to select their starting and finishing times and which replaces the Flexible Working Hours Agreement No 2275 of 1980.

 

3.20    Flexible Work Practices, Policy and Guidelines means the document negotiated between the Director of Public Employment, Unions NSW and affiliated unions which enables employees to rearrange their work pattern.

 

3.21    Flex leave means a period of leave available to be taken by an employee as specified in subclause 21.16 of clause 21, Flexible Working Hours, of this award.

 

3.22    Full day means the standard full time contract hours for the day, i.e. seven hours.

 

3.23    Full pay or half pay means the employee's ordinary rate of pay or half the ordinary rate of pay respectively.

 

3.24    Full-time contract hours means the standard weekly hours, that is, 35 hours per week required to be worked.

 

3.25    Full-time employee means an employee whose ordinary hours of duty are specified as such in a formal industrial instrument or whose contract hours are equivalent to the full-time contract hours for the job classification.

 

3.26    Half day means half the standard contract hours for the day.

 

3.27    Headquarters means the centre(s) to which an employee is attached or from which an employee is required to operate on a long-term basis.

 

3.28    Industrial action means industrial action as defined in the Industrial Relations Act 1996 (NSW).

 

3.29    Industrial Relations Secretary means the person, within the meaning of the Government Sector Employment Act 2013, who is for the purposes of any proceedings relating to Public Service employees held before a competent tribunal having jurisdiction to deal with industrial matters, taken to be the employer of Public Service employees.

 

3.30    Local Arrangement means an agreement reached at the organisational level between the Chief Executive Officer and the Association.

 

3.31    Local holiday means a holiday which applies to a particular township or district of the State and which is not a public holiday throughout the State.

 

3.32    Normal hours of duty means:

 

for an employee working standard hours - the fixed hours of duty, with an hour for lunch, worked in the absence of flexible working hours;

 

for an employee working under a flexible working hours scheme or local arrangement - the hours of duty the Chief Executive Officer requires an employee to work within the bandwidth specified under the flexible working hours scheme or local arrangement.

 

3.33    Normal work means, for the purposes of subclause 9.10 of clause 9, Grievance and Dispute Settling Procedures, of this award, the work carried out in accordance with the employee’s position or job description at the location where the employee was employed, at the time the grievance or dispute was notified by the employee.

 

3.34    On duty means the time required to be worked for the Corporation. For the purposes of clause 42, Trade Union Activities Regarded as On Duty, of this award, on duty means the time off with pay given by the Corporation to the accredited Association delegate to enable the Association delegate to carry out legitimate Association activities during ordinary work hours without being required to lodge an application for leave.

 

3.35    On loan means an arrangement between the Corporation and the Association where an employee is given leave of absence from the workplace to take up employment with the employee’s Association for a specified period of time during which the Association is required to reimburse the Corporation for the employee's salary and associated on-costs.

 

3.36    Ordinary hourly rate of pay means the hourly equivalent of the annual rate of pay of the classification as set out in Table 2 - Salary Rates of Part B, Monetary Rates, of this award calculated using the formula set out in clause 12, Casual Employment, of this award.

 

3.37    Overtime means all time worked, whether before or after the ordinary daily hours of duty, at the direction of the Chief Executive Officer, which, due to its character or special circumstances, cannot be performed during the employees’ ordinary hours of duty.

 

3.38    Part-time position means a designated part-time position and, unless otherwise specified, includes any position which is filled on a part-time basis.

 

3.39    Part-time employee means an employee whose ordinary hours of duty are specified as part-time in a formal industrial instrument or whose contract hours are less than the full-time hours.

 

3.40    Prescribed starting time means, for an employee not working under a flexible working hours scheme, the commencement of standard daily hours of that employee. For an employee working under a flexible working hours scheme, prescribed starting time means the commencement of bandwidth of the scheme applying to that employee.

 

3.41    Public holiday means a day proclaimed under the Banks and Bank Holidays Act 1912, as a bank or a public holiday. This definition does not include a Saturday which is such a holiday by virtue of section 15A of that Act, and 1 August or such other day that is a bank holiday instead of 1 August.

 

3.42    Relief staff means staff employed on a temporary basis to provide relief in a position until the return from authorised leave of the substantive occupant or in a vacant position until it is filled substantively.

 

3.43    Residence, in relation to an employee, means the ordinary and permanent place of abode of the employee.

 

3.44    Special leave means the employee is required to apply for special leave in order to engage in an activity which attracts the grant of special leave in the terms of this award.

 

3.45    Standard hours are set and regular hours of operation as determined by the Chief Executive Officer in accordance with any direction under the Act. Standard hours are generally the hours which were in operation prior to the introduction of flexible working hours or have been determined as standard hours for the organisation since the introduction of flexible working hours.

 

3.46    Study leave means leave without pay granted for courses at any level or for study tours during which financial assistance may be approved by the Chief Executive Officer, if the activities to be undertaken are considered to be of relevance or value to the Corporation and/or the public service.

 

3.47    Study Time means the time allowed off from normal duties on full pay to an employee who is studying in a part-time course which is of relevance to the Corporation and/or the public service.

 

3.48    Supervisor means the immediate supervisor or manager of the area in which an employee is employed or any other employee authorised by the Chief Executive Officer to fulfil the role of a supervisor or manager, other than a person engaged as a consultant or contractor.

 

3.49    Temporary work location means the place at or from which an employee temporarily performs official duty if required to work away from headquarters.

 

3.50    Trade Union or Union means a registered trade union, as defined in the Industrial Relations Act 1996.

 

3.51    Trade Union Delegate means an accredited Association delegate responsible for his/her workplace; and/or a person who is elected by the Association as its representative, an executive member or a member of the Association's Council.

3.52    Workplace means the whole of the organisation or, as the case may be, a branch or section of the organisation in which the employee is employed.

 

3.53    Workplace Management means the Chief Executive Officer, or any other person authorised by the Chief Executive Officer to assume responsibility for the conduct and effective, efficient and economical management of the functions and activities of the Corporation or part of the Corporation.

 

4.  Parties to the Award

 

The parties to this award are:

 

SAS Trustee Corporation, as defined by the Government Sector Employment Act 2013;

 

Industrial Relations Secretary; and

 

Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

5.  Conditions of Employment

 

This award contains the current common conditions of employment as negotiated by the SAS Trustee Corporation and the Association.

 

6.  Coverage

 

The provisions of this Award shall apply to employees employed by the SAS Trustee Corporation under in positions to which the classification structure and/or salary range contained in table 2 of this Award applies.

 

7.  Statement of Intent

 

This award aims to consolidate, in the one document, all common conditions of employment of staff employed by the SAS Trustee Corporation, to encourage the consultative processes at the various organisational levels, to facilitate, as appropriate, greater flexibility in the workplace and to help ensure that the excess hours, accumulated as a result of the Corporation’s work requirements, are not forfeited.

 

8.  Work Environment

 

8.1      Work Health and Safety - The parties to this award are committed to achieving and maintaining accident-free and healthy workplaces covered by this award by:

 

8.1.1   the development of policies and guidelines for the Corporation and, as and when appropriate for individual organisations, on Work Health, Safety and Rehabilitation;

 

8.1.2   assisting to achieve the objectives of the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 by establishing agreed Work Health and Safety consultative arrangements; and to identify and implement safe systems of work, safe work practices, working environments and appropriate risk management strategies.

 

8.1.3   identifying training strategies for employees, as appropriate, to assist in the recognition, elimination or control of workplace hazards and the prevention of work related injury and illness;

 

8.1.4   developing strategies to assist the rehabilitation of injured employees;

 

8.1.5   directly involving the Chief Executive Officer in the provisions of paragraphs 8.1.1 to 8.1.4 inclusive of this subclause.

 

8.2      Equality in employment - The Corporation is committed to the achievement of equality in employment and the Award has been drafted to reflect this commitment.

 

8.3      Harassment-free Workplace - Harassment on the grounds of sex, race, marital status, physical or mental disability, sexual preference, transgender, age or responsibilities as a carer is unlawful in terms of the Anti-Discrimination Act 1977.  Management and staff of Corporations are required to refrain from, or being party to, any form of harassment in the workplace.

 

9.  Grievance and Dispute Settling Procedures

 

9.1      All grievances and disputes relating to the provisions of this award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority if required.

 

9.2      An employee is required to notify in writing their immediate manager, as to the substance of the dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

9.3      Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes it impractical for the employee to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Chief Executive Officer or delegate.

 

9.4      The immediate manager, or other appropriate officer, shall convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.

 

9.5      If the matter remains unresolved with the immediate manager, the employee may request to meet the appropriate person at the next level of management in order to resolve the matter. This manager shall respond within two (2) working days, or as soon as practicable. The employee may pursue the sequence of reference to successive levels of management until the matter is referred to the Chief Executive Officer.

 

9.6      If the matter remains unresolved, the Chief Executive Officer shall provide a written response to the employee and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

9.7      An employee, at any stage, may request to be represented by the Association.

 

9.8      The employee or the Association on their behalf or the Chief Executive Officer may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

9.9      The employee, the Association, and the Corporation shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

9.10    Whilst the procedures outlined in subclauses 9.1 to 9.9 of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any employee or member of the public.

 

10.  Salaries and Grades

 

10.1    The salaries payable to the employees are prescribed in Table 2 - Salary Rates of Part B, Monetary Rates, of this award.

 

10.2    Positions within SAS Trustee Corporation will be attributed to a classification grade by way of a job evaluation methodology and criteria agreed to by the parties.

 

10.3    The Corporation and employee(s) can agree to salary sacrifice arrangements consistent with the arrangements under the Crown Employees (Public Sector - Salaries 2018) Award or any variation or replacement award.

SECTION 2 - ATTENDANCE/HOURS OF WORK

 

11.  Working Hours

 

11.1    Ordinary hours of work are 35 hours per week.

 

11.2    Where employees work under a flexitime arrangement work hours are averaged over a 4 week period.

 

11.3    The Chief Executive Officer may require an employee to perform duty beyond the hours determined under subclause 11.1 of this clause but only if it is reasonable for the employee to be required to do so.  An employee may refuse to work additional hours in circumstances where the working of such hours would result in the employee working unreasonable hours. In determining what is unreasonable the following factors shall be taken into account:

 

11.3.1 the employee’s prior commitments outside the workplace, particularly the employee’s family and carer responsibilities, community obligations or study arrangements,

 

11.3.2 any risk to employee’s health and safety,

 

11.3.3 the urgency of the work required to be performed during additional hours, the impact on the operational commitments of the organisation and the effect on client services,

 

11.3.4 the notice (if any) given by the Chief Executive Officer regarding the working of the additional hours, and by the employee of their intention to refuse the working of additional hours, or

 

11.3.5 any other relevant matter.

 

11.4    The ordinary hours may be standard or flexible and may be worked on a full time or part-time basis.

 

12.  Casual Employment

 

12.1    This clause will only apply to those employees whose conditions of employment are not otherwise included in another industrial instrument.

 

12.2    Hours of Work

 

12.2.1 A casual employee is engaged and paid on an hourly basis.

 

12.2.2 A casual employee will be engaged and paid for a minimum of 3 consecutive hours for each day worked.

 

12.2.3 A casual employee shall not work more than 9 consecutive hours per day (exclusive of meal breaks) without the payment of overtime for such time in excess of 9 hours, except where longer periods are permitted under another award or local arrangement covering the particular class of work or are required by the usual work pattern of the position.

 

12.3    Rate of Pay

 

12.3.1 Casual employees shall be paid the ordinary hourly rate of pay calculated by the following formula for the hours worked per day:

 

Annual salary divided by 52.17857 divided by the ordinary weekly hours.

 

12.3.2 Casual employees shall be paid a loading on the appropriate ordinary hourly rate of pay of:

 

15% for work performed on Mondays to Fridays (inclusive)

 

50% for work performed on Saturdays

 

75% for work performed on Sundays

 

150% for work performed on public holidays.

 

12.3.3 Casual employees shall also receive a 1/12th loading in lieu of annual leave.

 

12.3.4 The loadings specified in paragraph 12.3.2 of this subclause are in recognition of the casual nature of the employment and compensate the employee for all leave, other than annual leave and long service leave, and all incidence of employment, except overtime.

 

12.4    Overtime

 

12.4.1 Casual employees shall be paid overtime for work performed:

 

(a)       In excess of 9 consecutive hours (excluding meal breaks) except where longer periods are permitted under another award or local arrangement covering the particular class of work or are required by the usual work pattern of the position; or

 

(b)       In excess of the standard weekly roster of hours for the particular class of work; or

 

(c)       In accordance with a local arrangement.

 

12.4.2 Overtime rates will be paid in accordance with the rates set in clause 77, Overtime Worked by Day Workers of this award.

 

12.4.3 Overtime payments for casual employees are based on the ordinary hourly rate plus the 15% loading set out in paragraph 12.3.2 of this clause.

 

12.4.4 The loading in lieu of annual leave as set out in paragraph 12.3.3 of this clause is not included in the hourly rate for the calculation of overtime payments for casual employees.

 

12.5    Leave

 

12.5.1 Other than as described under subclauses 12.5, 12.6 and 12.7 of this clause, casual employees are not entitled to any other paid or unpaid leave.

 

12.5.2 As set out in paragraph 12.3.3 of this clause, casual employees will be paid 1/12th in lieu of annual leave.

 

12.5.3 Casual employees will be entitled to Long Service Leave in accordance with the provisions of the Long Service Leave Act 1955.

 

12.5.4 Casual employees are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996. In addition to the provisions set out in the Industrial Relations Act 1996 (NSW), the Chief Executive Officer must not fail to re-engage a regular casual employee (see section 53(2) of the Industrial Relations Act 1996) because:

 

(a)       the employee or employee's spouse is pregnant; or

 

(b)       the employee is or has been immediately absent on parental leave.

 

The rights of the Corporation in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

12.6    Personal Carers entitlement for casual employees

 

12.6.1 Casual employees are entitled to not be available to attend work, or to leave work if they need to care for a family member described in paragraph 70.4.2 of clause 70, Sick Leave to Care for a Family Member, of this award who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child. This entitlement is subject to the evidentiary requirements set out in paragraph 12.6.4, and the notice requirements set out in paragraph 12.6.5 of this clause.

 

12.6.2 The Chief Executive Officer and the casual employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

12.6.3 The Chief Executive Officer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the Corporation to engage or not to engage a casual employee are otherwise not affected.

 

12.6.4 The casual employee shall, 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 by another person, or

 

(b)       establish by production of documentation acceptable to the Corporation 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, a casual employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

 

12.6.5 The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the Chief Executive Officer of their inability to attend for duty. If it is not reasonably practicable to inform the Chief Executive Officer during the ordinary hours of the first day or shift of such absence, the employee will inform the Chief Executive Officer within 24 hours of the absence.

 

12.7    Bereavement entitlements for casual employees

 

12.7.1 Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a family member on production of satisfactory evidence (if required by the Chief Executive Officer).

 

12.7.2 The Chief Executive Officer and the casual employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

12.7.3 The Chief Executive Officer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the Corporation to engage or not engage a casual employee are otherwise not affected.

 

12.7.4 The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the Chief Executive Officer of their inability to attend for duty. If it is not reasonably practicable to inform the Chief Executive Officer during the ordinary hours of the first day or shift of such absence, the employee will inform the Chief Executive Officer within 24 hours of the absence.

 

12.8    Application of other clauses of this Award to casual employees

 

12.8.1 The following clauses of this award do not apply to casual employees:

 

11

Working Hours

16

Variation of Hours

17

Natural Emergencies and Major Transport Disruptions

19

Public Holidays

20

Standard Working Hours

21-23

relating to Flexible Working arrangements

27

Excess Travelling Time

28

Waiting Time

37

Room at Home Used as Office

38

Semi-Official Telephones

42-48

relating to Trade Union activities

52

Travelling and other costs of Trade Union Delegates

56

Leave - General Provisions

58-73

relating to the various Leave provisions

75

Study Assistance

76

relating to Overtime

81

Payment for Overtime or Leave in Lieu

 

13.  Part-Time Employment

 

13.1    General

 

13.1.1 This clause shall only apply to part-time employees whose conditions of employment are not otherwise provided for in another industrial instrument.

 

13.1.2 Part-time work may be undertaken with the agreement of the Chief Executive Officer. Part-time work may be undertaken in a part-time position or under a part-time arrangement.

 

13.1.3 A part-time employee is to work contract hours less than full-time hours.

 

13.1.4 Unless otherwise specified in the award, part-time employees receive full time entitlements on a pro rata basis calculated according to the number of hours an employee works in a part-time position or under a part-time arrangement. Entitlements to paid leave will accrue on the equivalent hourly basis.

 

13.1.5 Before commencing part-time work, the Chief Executive Officer and the employee must agree upon:

 

(a)       the hours to be worked by the employee, the days upon which they will be worked, commencing and ceasing times for the work, and whether hours may be rostered flexibly;

 

(b)       whether flexible working hours provisions or standard hours provisions will apply to the part-time employee; and

 

(c)       the classification applying to the work to be performed;

 

13.1.6 The terms of the agreement must be in writing and may only be varied with the consent of both parties.

 

13.2    Additional hours

 

13.2.1 The Chief Executive Officer may request, but not require, a part-time employee to work additional hours. For the time worked in excess of the employee’s usual hours and up to the normal full-time hours for the classification, part-time employees may elect to:

 

(a)       be paid for additional hours at their hourly rate plus a loading of 4/48ths in lieu of recreation leave; or

 

(b)       if working under a Flexible Working Hours scheme under clause 21 of this award, have the time worked credited as flex time.

 

13.2.2 For time worked in excess of the full-time hours of the classification, or outside the bandwidth payment shall be made at the appropriate overtime rate in accordance with clause 80, Rate of Payment for Overtime, of this award.

 

14.  Morning and Afternoon Breaks

 

Employees may take a 10 minute morning break, provided that the discharge of public business is not affected and, where practicable, they do so out of the view of the public contact areas. Employees may also take a 10 minute afternoon break, subject to the same conditions as apply to the morning break.

 

15.  Meal Breaks and Lactation Breaks

 

15.1    General meal breaks

 

15.1.1 Meal breaks must be given to and taken by employees. No employee shall be required to work continuously for more than 5 hours without a meal break, provided that: -

 

(a)       where the prescribed break is more than 30 minutes, the break may be reduced to not less than 30 minutes if the employee agrees. If the employee requests to reduce the break to not less than 30 minutes, the reduction must be operationally convenient; and

 

(b)       where the nature of the work of an employee or a group of employees is such that it is not possible for a meal break to be taken after not more than 5 hours, local arrangements may be negotiated between the Chief Executive Officer and the Association to provide for payment of a penalty.

 

15.2    Lactation Breaks

 

15.2.1 This clause 15.2 applies to employees who are lactating mothers. A lactation break is provided for breastfeeding, expressing milk or other activity necessary to the act of breastfeeding or expressing milk and is in addition to any other rest period and meal break as provided for in this Award.

 

15.2.2 A full time employee or a part time employee working more than 4 hours per day is entitled to a maximum of two paid lactation breaks of up to 30 minutes each per day.

 

15.2.3 A part time employee working 4 hours or less on any one day is entitled to only one paid lactation break of up to 30 minutes on any day so worked.

 

15.2.4 A flexible approach to lactation breaks can be taken by mutual agreement between an employee and their manager provided the total lactation break time entitlement as per 15.2.2 and 15.2.4 is met.. When giving consideration to any such requests for flexibility, a manager needs to balance the operation requirements of the organisation with the lactating needs of the employee.

 

15.2.5 The Chief Executive Officer shall provide access to a suitable, private space with comfortable seating for the purpose of breastfeeding or expressing milk.

 

15.2.6 Other suitable facilities, such as refrigeration and a sink, shall be provided where practicable. Where it is not practicable to provide these facilities, discussions between the manager and employee will take place to identify reasonable alternative arrangements for the employee’s lactation needs.

 

15.2.7 Employees experiencing difficulties in effecting the transition from home-based breastfeeding to the workplace will have telephone access in paid time to a free breastfeeding consultative service, such as that provided by the Australian Breastfeeding Association’s Breastfeeding Helpline Service or the Public Health System.

 

15.2.8 Employees needing to leave the workplace during time normally required for duty to seek support or treatment in relation to breastfeeding and the transition to the workplace may utilise sick leave in accordance with clause 70, Sick Leave to care for a Family Member, of this Award, or access to the flexible working hours scheme provided in clause 21, Flexible Working Hours, of this Award, where applicable.

 

16.  Variation of Hours

 

16.1    If the Chief Executive Officer is satisfied that an employee is unable to comply with the general hours operating in the Corporation because of limited transport facilities, urgent personal reasons, community or family reasons, the Chief Executive Officer may vary the employee's hours of attendance on a one off, short or long-term basis, subject to the following:

 

16.1.1 the variation does not adversely affect the operational requirements;

 

16.1.2 there is no reduction in the total number of daily hours to be worked;

 

16.1.3 the variation is not more than an hour from the commencement or finish of the span of usual commencing and finishing time;

 

16.1.4 a lunch break of one hour is available to the employee, unless the employee elects to reduce the break to not less than 30 minutes;

 

16.1.5 no overtime or meal allowance payments are made to the employee, as a result of an agreement to vary the hours;

 

16.1.6 ongoing arrangements are documented; and

 

16.1.7 the Association is consulted, as appropriate, on any implications of the proposed variation of hours for the work area.

 

17.  Natural Emergencies and Major Transport Disruptions

 

17.1    An employee prevented from attending work at a normal work location by a natural emergency or by a major transport disruption may:

 

17.1.1 apply to vary the working hours as provided in clause 16, Variation of Hours, of this award; and/or

 

17.1.2 negotiate an alternative working location with the Corporation; and/or

 

17.1.3 take available family and community service leave and/or flex leave, recreation or extended leave or leave without pay to cover the period concerned.

 

18.  Notification of Absence from Duty

 

18.1    If an employee is to be absent from duty, other than on authorised leave, the employee must notify the supervisor, or must arrange for the supervisor to be notified, as soon as possible.

 

18.2    If an employee is absent from duty without authorised leave to the satisfaction of the Chief Executive Officer, the amount representing the period of absence shall be deducted from the employee's pay.

 

19.  Public Holidays

 

19.1    Unless directed to attend for duty by the Chief Executive Officer, an employee is entitled to be absent from duty without loss of pay on any day which is:

 

19.1.1 a public holiday throughout the State; or

 

19.1.2 a local holiday in that part of the State at or from which the employee performs duty; or

 

19.1.3 a day between Boxing Day and New Year's Day determined by the Chief Executive Officer as a public service holiday.

 

19.2    An employee required by the Chief Executive Officer to work on a local holiday may be granted time off in lieu on an hour for hour basis for the time worked on a local holiday.

 

19.3    If a local holiday falls during an employee's absence on leave, the employee is not to be credited with the holiday.

 

20.  Standard Working Hours

 

20.1    Standard hours are set and regular with an hour for lunch and, if worked by the employee under a flexible working hours scheme, would equal the contract hours required to be worked under the scheme. Standard hours could be full time or part-time.

 

20.2    Urgent Personal Business - Where an employee needs to attend to urgent personal business, appropriate leave or time off may be granted by the Chief Executive Officer. Where time off has been granted, such time shall be made up as set out in subclause 20.4 of this clause.

 

20.3    Late Attendance - If an employee is late for work, such employee must either take appropriate leave or, if the Chief Executive Officer agrees, make the time up in accordance with subclause 20.4 of this clause.

 

20.4    Making up of Time - The time taken off in circumstances outlined in subclauses 20.2 and 20.3 of this clause must be made up at the earliest opportunity. The time may be made up on the same day or on a day or days agreed to between the employee and the Chief Executive Officer.

 

21.  Flexible Working Hours

 

21.1    The parties to this award are committed to fostering flexible work practices with the intention of providing greater flexibility in dealing with workloads, work deadlines and the balance between work and family life. All parties are committed to managing time worked to prevent any forfeiture of credit hours accumulated under a Flexible Working Hours arrangement.

 

21.2    A flexible working hours scheme in terms of this subclause may operate in the Corporation or a section of the Corporation, subject to operational requirements, as determined by the Chief Executive Officer.

 

21.3    Where the operational requirements allow, the working of flexible hours under a flexible working hours scheme operating in the Corporation, shall be extended to an employee working under a part time work arrangement. Except for provisions contained in subclauses 21.11, 21.13 and 21.16 of this clause, all other provisions under this subclause shall be applied pro rata to an employee working under a part time work arrangement.

 

21.4    Exclusion - Flexible working hours shall not apply to employees, who work permanent standard hours,

 

21.5    Attendance - An employee's attendance outside the hours of a standard day but within the bandwidth shall be subject to the availability of work.

 

21.6    Bandwidth - The bandwidth shall be between the hours of 7.30 a.m. and 6.00 p.m.

 

21.7    Coretime - The coretime shall be between the hours of 9.30 a.m. and 3.30 p.m., excluding the lunch break, unless other arrangements have been negotiated under a local arrangement.

 

21.8    Lunch break - The standard lunch period shall be 1 hour. With the approval of the supervisor, the lunch period may be extended by the employee up to 2 and 1/2 hours or reduced to not less than 30 minutes within the span of hours determined by the Chief Executive Officer.

 

21.9    Settlement period - Unless a local arrangement has been negotiated, the settlement period shall be four weeks.

 

21.9.1 For time recording purposes the settlement period and flex leave must coincide.

 

21.9.2 Where exceptional circumstances apply, e.g. prolonged transport strikes, adverse weather conditions and the like, the Chief Executive Officer may extend the affected settlement period by a further 4 weeks.

 

21.10  Contract hours - The contract hours for a settlement period shall be calculated by multiplying the employee's weekly contract hours by the number of weeks in a settlement period.

 

21.11  Flexible working hours credit - an employee may carry a maximum of 10 hours credit into the next settlement period.

 

21.12  Weekly hours worked during the settlement period are to be monitored by the employee and their supervisor. If it appears that the employee may exceed an accumulated work time of 150 hours in a settlement period; or if the total hours of work in a settlement period with the credit hour carry over from the previous settlement period may exceed 150 hours, the supervisor and employee shall develop a strategy to ensure that the employee does not forfeit any of the credit hours accumulated, or likely to be accumulated.

 

21.13  Flexible Working Hours Debit - The following provisions shall apply to the carryover of flexible working hours debits:

 

21.13.1           A debit of up to 10 hours at the end of a settlement period may be carried over into the next period;

 

21.13.2           Where the debit exceeds 10 hours, the excess will be debited as leave without pay, unless the employee elects to be granted available recreation or extended leave to offset the excess.

 

21.13.3           Any debit of hours outstanding on an employee's last day of duty is to be deducted from any unpaid salary or the monetary value of accrued recreation/extended leave. If applicable, the debit of hours may be transferred to the next NSW public sector organisation under the Public Sector Staff Mobility policy.

 

21.14  Cessation of duty - An employee may receive payment for a flex day accrued and remaining untaken on the last day of service:

 

21.14.1           Where the employee's services terminate without a period of notice for reasons other than misconduct; or

 

21.14.2           Where an application for flex leave which would have eliminated the accumulated day or days was made during the period of notice of retirement or resignation and was refused or could not be granted or

 

21.14.3           In such other circumstances as have been negotiated between the Chief Executive Officer and the Association.

 

21.14.4           Prior to an employee’s last day of service the employee and supervisor shall ensure that the employee does not forfeit any credit hours accumulated. Strategies to reduce accumulated credit hours may include those outlined in paragraph 21.16.2 of this clause.

 

21.15  Where an employee ceases duty in the Corporation in order to take up employment in another public service or public sector organisation, the same provisions as apply to recreation leave under the Public Sector Staff Mobility policy shall apply to the accrued but untaken or not forfeited flex leave.

 

21.16  Flex leave - Subject to operational requirements:

 

21.16.1           An employee may take off one full day or two half days in a settlement period of 4 weeks.

 

21.16.2           Where it appears an employee may exceed a 10-hour credit, as per subclause 21.12 of this clause strategies to reduce this credit may include the granting of additional full days, consecutive days, half days, or any combination of days and half days.

 

21.16.3           Flex leave may be taken on consecutive working days.

 

21.16.4           Absences on flex leave may be combined with other periods of authorised leave.

 

21.17  Absence during coretime - Where an employee needs to take a short period of authorised leave within coretime, other than flex leave, the quantum of leave to be granted shall be determined according to the provisions contained in clause 57, Absence from Work, of this award.

 

21.18  Standard hours - Notwithstanding the provisions of this clause, the Chief Executive Officer may direct the employee to work standard hours and not flexible hours:

 

21.18.1           where the Chief Executive Officer decides that the working of flexible hours by an employee or members does not suit the operational requirements of the Corporation or section of the Corporation, the Association shall be consulted, where appropriate; or

 

21.18.2           as remedial action in respect of an employee who has been found to have deliberately and persistently breached the flexible working hours scheme.

 

21.19  Easter concession - Employees who work under a flexible working hours scheme may be granted, subject to the convenience of the Corporation, an additional half day's flex leave on the Thursday preceding the Good Friday public holiday or, if directed to work, an additional half day’s flex leave on another day within that settlement period.

 

22.  Non-Compliance

 

In the event of any persistent failure by an employee to comply with the hours of duty required to be worked, the Chief Executive Officer shall investigate such non-compliance as soon as it comes to notice and shall take appropriate remedial action according to Part 5 of the Act.

 

23.  Flexible Work Practices

 

23.1    Nothing in this award shall affect the hours of duty of an employee who is covered by a written flexible working hours agreement negotiated under the Flexible Work Practices, Policy and Guidelines.

 

23.2    Flexible working hours agreements negotiated in terms of the NSW Government Flexible Work Practices, Policy and Guidelines after 28 October 1997 shall be subject to the conditions specified in this award and in consultation with the Association.

 

24.  Existing Hours of Work Determinations

 

Any existing Determinations on local arrangements in respect of the hours of work which operated in the Corporation or part of the Corporation as at the effective date of this award, shall continue to apply until renegotiated.

 

SECTION 3 - TRAVEL ARRANGEMENTS

 

25.  Travelling Compensation

 

25.1    Any authorised official travel and associated expenses, properly and reasonably incurred by an employee required to perform duty at a location other than their normal headquarters shall be met by the Corporation.

 

25.2    The Chief Executive Officer shall require employees to obtain an authorisation for all official travel prior to incurring any travel expense.

 

25.3    Where available at a particular centre or location, the overnight accommodation to be occupied by employees who travel on official business shall be the middle of the range standard, referred to generally as three star or three diamond standard of accommodation.

 

25.4    Where payment of a proportionate amount of an allowance applies in terms of this clause, the amount payable shall be the appropriate proportion of the daily rate. Any fraction of an hour shall be rounded off to the nearest half-hour.

 

25.5    The Corporation will elect whether to pay the accommodation directly or whether an employee should pay the accommodation and be compensated in accordance with this clause.  Where practicable, employees shall obtain prior approval when making their own arrangements for overnight accommodation.

 

25.6    Subject to subclause 25.11 of this clause, an employee who is required by the Chief Executive Officer to work from a temporary work location shall be compensated for accommodation, meal and incidental expenses properly and reasonably incurred during the time actually spent away from the employee's residence in order to perform the work.

 

25.7    If meals are provided by the Corporation at the temporary work location, the employee shall not be entitled to claim the meal allowance.

 

25.8    The payment shall be:

 

25.8.1 where the Corporation elects to pay the accommodation provider the employee shall receive:

 

(a)       the appropriate meal allowance in accordance with the prevailing ATO ruling or

 

(b)       incidentals as set out in the prevailing ATO ruling, or

 

(c)       actual meal expenses properly and reasonably incurred (excluding morning and afternoon teas) for any residual part day travel;

 

25.8.2 where the Corporation elects not to pay the accommodation provider the employee shall elect to receive either:

 

(a)       the appropriate rate of allowance specified in the prevailing ATO ruling , and actual meal expenses properly and reasonably incurred (excluding morning and afternoon teas) for any residual part day travel; OR

 

(b)       in lieu of subparagraph (a) of this paragraph, payment of the actual expenses properly and reasonably incurred for the whole trip on official business (excluding morning and afternoon teas) together with an incidental expenses allowance set out the prevailing ATO ruling.

 

25.9    Payment of the appropriate allowance for an absence of less than 24 hours may be made only where the employee satisfies the Chief Executive Officer that, despite the period of absence being of less than 24 hours duration, expenditure for accommodation and three meals has been incurred.

 

25.10  Where an employee is unable to so satisfy the Chief Executive Officer, the allowance payable for part days of travel shall be limited to the expenses incurred during such part day travel.

 

25.11  This clause does not apply to employees who are on an employee-initiated secondment in accordance with section 64 of the Act and described in the Commentary and Guidelines on temporary staff assignments - section 66 and Cross-Agency Employment (section 65) of the Act.

 

26.  Assistance with Public Transport Tickets for Travel to Work

 

26.1    The Corporation will provide funds for the purchase of yearly rail, bus and ferry tickets (or combinations of these) for employees who require them.

26.2    Employees will repay the cost of the ticket over 12 months through regular fortnightly deductions from after tax salary.

 

27.  Excess Travelling Time

 

27.1    Excess Travelling Time - A employee directed by the Chief Executive Officer to travel on official business outside the usual hours of duty to perform duty at a location other than normal headquarters will, at the Chief Executive Officer’s discretion, be compensated for such time either by:

 

27.1.1 Payment calculated in accordance with the provisions contained in this clause; or

 

27.1.2 If it is operationally convenient, by taking equivalent time off in lieu to be granted for excess time spent in travelling on official business.   Such time in lieu must be taken within 1 month of accrual unless otherwise authorised by the employee’s supervisor.

 

27.2    Compensation under paragraphs 27.1.1 and 27.1.2 of this clause shall be subject to the following conditions:

 

27.2.1 On a non-working day - subject to the provisions of paragraphs 27.3.4, 27.3.5, 27.3.6 and 27.3.7 of this clause, all time spent travelling on official business;

 

27.2.2 On a working day - subject to the provisions of subclause 27.3 of this clause, all time spent travelling on official business outside the usual hours of duty, provided the period for which compensation is being sought is more than a half an hour on any one day.

 

27.3    Compensation for excess travelling time shall exclude the following:

 

27.3.1 Time normally taken for the periodic journey from home to headquarters and return;

 

27.3.2 Any periods of excess travel of less than 30 minutes on any one day;

 

27.3.3 Travel to new headquarters on permanent transfer, if special leave has been granted for the day or days on which travel is to be undertaken;

 

27.3.4 Time from 11.00 p.m. on one day to 7.30 a.m. on the following day if sleeping facilities have been provided.

 

27.3.5 Travel not undertaken by the most practical available route and by the most practical and economic means of transport;

 

27.3.6 Working on board ship where meals and accommodation are provided;

 

27.3.7 Any travel undertaken by an employee whose salary includes an all incidents of employment component;

 

27.3.8 Time within the flex time bandwidth;

 

27.3.9 Travel overseas.

 

27.4    Payment - Payment for travelling time calculated in terms of this clause shall be at the employee’s ordinary rate of pay on an hourly basis calculated as follows:

 

Annual salary

x

5

x

1

1

 

260.89

 

Normal hours of work

 

27.5    The rate of payment for travel or waiting time on a non-working day shall be the same as that applying to a working day.

 

27.6    Employees whose salary is in excess of the maximum rate for Clerk, Grade 5 (as set out in the Crown Employees (Public Sector - Salaries 2016) Award and any variation or replacement award) shall be paid travelling time or waiting time calculated at the maximum rate for Clerk, Grade 5 plus $1.00 per annum, as adjusted from time to time.

 

27.7    Time off in lieu or payment for excess travelling time or waiting time will not be granted or made for more than eight hours in any period of 24 consecutive hours.

 

28.  Waiting Time

 

When an employee travelling on official business is required to wait for transport in order to commence a journey to another location or to return home or headquarters and such time is outside the normal hours of duty, the waiting time shall be treated and compensated for in the same manner as excess travelling time pursuant to clause 27, Excess Travelling Time, of this Award

 

29.  Meal Expenses on One-Day Journeys

 

29.1    A employee who is authorised by the Chief Executive Officer to undertake a one-day journey on official business which does not require the employee to obtain overnight accommodation, shall be reimbursed actual meal expenses properly and reasonably incurred for: -

 

29.1.1 Breakfast when required to commence travel at or before 6.00 a.m. and at least 1 hour before the prescribed starting time;

 

29.1.2 An evening meal when required to travel until or beyond 6.30 p.m.; and

 

29.1.3 Lunch when required to travel a total distance on the day of at least 100 kilometres and, as a result, is located at a distance of at least 50 kilometres from the employee’s normal headquarters at the time of taking the normal lunch break.

 

30.  Restrictions on Payment of Travelling Allowances

 

30.1    An allowance under clause 26, Travelling Compensation, of this award is not payable in respect of:

 

30.1.1 Any period during which the employee returns to their residence at weekends or public holidays, commencing with the time of arrival at that residence and ending at the time of departure from the residence;

 

30.1.2 Any period of leave, except with the approval of the Chief Executive Officer or as otherwise provided by this clause; or

 

30.1.3 Any other period during which the employee is absent from the employee's temporary work location otherwise than on official duty.

 

30.2    An employee who is in receipt of an allowance under clause 25, Travelling Compensation, shall be entitled to reimbursement of incidental expenses properly and reasonably incurred in the following circumstances:

 

30.2.1 When granted special leave to return to their residence at a weekend, for the necessary period of travel for the journey from the temporary work location to the employee's residence; and for the return journey from the employee's residence to the temporary work location, or

 

30.2.2 When leaving a temporary work location on ceasing to perform duty at or from a temporary work location, for the necessary period of travel to return to the employee's residence or to take up duty at another temporary work location; but is not entitled to any other allowance in respect of the same period.

 

31.  Production of Receipts

 

Payment of any actual properly and reasonably incurred expenses shall be subject to the production of receipts.

32.  Travelling Distance

 

The need to obtain overnight accommodation shall be determined by the Chief Executive Officer having regard to the safety of the employee or members travelling on official business and local conditions applicable in the area. Where employees are required to attend conferences or seminars which involve evening sessions or employees are required to make an early start at work in a location away from their normal workplace, overnight accommodation shall be appropriately granted by the Chief Executive Officer.

 

SECTION 4 - ALLOWANCES AND OTHER MATTERS

 

33.  Allowance Payable for Use of Private Motor Vehicle

 

33.1    The Chief Executive Officer may authorise an employee to use a private motor vehicle for work where:

 

33.1.1 Such use will result in greater efficiency or involve the Corporation in less expense than if travel were undertaken by other means; or

 

33.1.2 Where the employee is unable to use other means of transport due to a disability.

 

33.2    An employee who, with the approval of the Chief Executive Officer, uses a private motor vehicle for work shall be paid an appropriate rate of allowance specified the prevailing ATO ruling for the use of such private motor vehicle. A deduction from the allowance payable is to be made for travel as described in subclause 33.4 of this clause.

 

33.3    Different levels of allowance are payable for the use of a private motor vehicle for work depending on the circumstances and the purpose for which the vehicle is used.

 

33.3.1 The casual rate is payable if an employee elects, with the approval of the Chief Executive Officer, to use their vehicle for occasional travel for work.  This is subject to the allowance paid for the travel not exceeding the cost of travel by public or other available transport.

 

33.3.2 The official business rate is payable if an employee is directed, and agrees, to use the vehicle for official business and there is no other transport available.  It is also payable where the employee is unable to use other transport due to a disability.  The official business rate includes a component to compensate an employee for owning and maintaining the vehicle.

 

33.4    Deduction from allowance

 

33.4.1 Except as otherwise specified in this award, an employee shall bear the cost of ordinary daily travel by private motor vehicle between the employee's residence and headquarters and for any distance travelled in a private capacity. A deduction will be made from any motor vehicle allowance paid, in respect of such travel.

 

33.4.2 In this subclause "headquarters" means the administrative headquarters to which the employee is attached or from which the employee is required to operate on a long term basis or the designated headquarters per paragraph 33.4.3 of this subclause.

 

33.4.3 Designated headquarters

 

(a)       Where the administrative headquarters of the employee to which they are attached is not within the typical work area in which the employee is required to use the private vehicle on official business, the distance to and from a point designated within the typical work area is to be adopted as the distance to and from the headquarters for the purpose of calculating the daily deduction.

 

(b)       An employee's residence may be designated as their headquarters provided that such recognition does not result in a further amount of allowance being incurred than would otherwise be the case.

 

33.4.4 On days when an employee uses a private vehicle for official business and travels to and from home, whether or not the employee during that day visits headquarters, a deduction is to be made from the total distance travelled on the day.  The deduction is to equal the distance from the employee's residence to their headquarters and return or 20 kilometres (whichever is the lesser) and any distance that is travelled in a private capacity.

 

33.4.5 Where a headquarters has been designated per paragraph 33.4.3 of this subclause and the employee is required to attend the administrative headquarters, the distance for calculating the daily deduction is to be the actual distance to and from the administrative headquarters, or, to and from the designated headquarters, whichever is the lesser.

 

33.4.6 Deductions are not to be applied in respect of days characterised as follows.

 

(a)       When staying away from home overnight, including the day of return from any itinerary.

 

(b)       When the employee uses the vehicle on official business and returns it to home prior to travelling to the headquarters by other means of transport at their own expense.

 

(c)       When the employee uses the vehicle for official business after normal working hours.

 

(d)       When the monthly claim voucher shows official use of the vehicle has occurred on one day only in any week. Exemption from the deduction under this subparagraph is exclusive of, and not in addition to, days referred to in subparagraphs (a), (b) and (c) of this paragraph.

 

(e)       When the employee buys a weekly or other periodical rail or bus ticket, provided the Corporation is satisfied that:

 

(i)       at the time of purchasing the periodical ticket the employee did not envisage the use of their private motor vehicle on approved official business;

 

(ii)      the periodical ticket was in fact purchased; and

 

(iii)     in regard to train travellers, no allowance is to be paid in respect of distance between the employee’s home and the railway station or other intermediate transport stopping place.

 

33.5    The employee must have in force, in respect of a motor vehicle used for work, in addition to any policy required to be effected or maintained under the Motor Vehicles (Third Party Insurance) Act 1942, a comprehensive motor vehicle insurance policy to an amount and in a form approved by the Chief Executive Officer.

 

33.6    Expenses such as tolls etc. shall be refunded to employees where the charge was incurred during approved work related travel.

 

34.  Damage to Private Motor Vehicle Used for Work

 

34.1    Where a private vehicle is damaged while being used for work, any normal excess insurance charges prescribed by the insurer shall be reimbursed by the Corporation, provided:

 

34.1.1 The damage is not due to gross negligence by the employee; and

 

34.1.2 The charges claimed by the employee are not the charges prescribed by the insurer as punitive excess charges.

 

34.2    Provided the damage is not the fault of the employee, the Corporation shall reimburse to an employee the costs of repairs to a broken windscreen, if the employee can demonstrate that:

 

34.2.1 The damage was sustained on approved work activities; and

 

34.2.2 The costs cannot be met under the insurance policy due to excess clauses.

 

35.  Overseas Travel

 

Unless the Chief Executive Officer determines that an employee shall be paid travelling rates especially determined for the occasion, an employee required by the Corporation to travel overseas on official business shall be paid the appropriate overseas travelling allowance rates as specified in the relevant Premier and Cabinet Circular as issued from time to time.

 

36.  Exchanges

 

36.1    The Chief Executive Officer may arrange two way or one way exchanges with other organisations both public and private, if the Corporation or the employee will benefit from additional training and development which is intended to be used in the carrying out of the Corporation's business.

 

36.2    The conditions applicable to those employees who participate in exchanges will be determined by the Chief Executive Officer according to the individual circumstances in each case (Item 1 of Table 1 - Allowances of Part B, Monetary Rates).

 

36.3    The provisions of this subclause do not apply to the loan of services of employees to the Association.  The provisions of clause 45, Conditions Applying to On Loan Arrangements, of this award apply to employees who are loaned to the Association.

 

37.  Room at Home Used as Office

 

37.1    Where no Corporation office is provided in a particular location - Where it is impractical to provide an office in a particular location, employees stationed in such a location may be required to use a spare room at their home as an office. In such cases, the Corporation will be responsible for providing furniture, telephone and other equipment, as required. In addition, an allowance as specified in Item 2 of Table 1 - Allowances of Part B, Monetary Rates is payable for the use of a room at home as an office.

 

37.2    Where an office exists in a particular location - Where a Corporation office or offices already exist in a particular location but the employee and the Chief Executive Officer agree that the employee could work from home on a short term or longer term basis, the arrangement shall be negotiated in accordance with the provisions of the Flexible Work Practices, Policy and Guidelines. The allowance set out in subclause 37.1 of this clause shall not apply in these circumstances.

 

37.3    Requirements - Arrangements under subclauses 37.1 or 37.2 of this clause shall be subject to:

 

37.3.1 A formal agreement being reached in respect of the hours to be worked; and

 

37.3.2 The occupational health and safety, provision of equipment requirements and any other relevant conditions specified in Part 2, Section 7, Working from Home in the Flexible Work Practices, Policy and Guidelines.

 

38.  Semi-Official Telephones

 

38.1    Reimbursement of expenses associated with a private telephone service installed at the residence of an employee shall be made as specified in this clause if the employee is required to be contacted or is required to contact others in connection with the duties of his/her position in the Corporation, as and when required.

 

38.2    The service must be located in the employee's principal place of residence and its telephone number communicated to all persons entitled to have out of hours contact with the employee.

 

38.3    The semi-official telephone allowance applies to employees who are required, as part of their duties to:

 

38.3.1 Give decisions, supply information or provide emergency services; and/or

 

38.3.2 Be available for reasons of safety or security for contact by the public outside of normal office hours.

 

38.4    Unless better provisions already apply to an employee or an employee has been provided with an official telephone, reimbursement of expenses under this clause shall be limited to the following:

 

38.4.1 The connection fee for a telephone service, if the service is not already available at the employee's principal place of residence;

 

38.4.2 The full annual base rental charged for the telephone service regardless of whether any official calls have been made during the period; and

 

38.4.3 The full cost of official local, STD and ISD calls.

 

38.5    To be eligible for reimbursement, an employee must submit their telephone account and a statement showing details of all official calls, including:

 

38.5.1 Date, time, length of call and estimated cost;

 

38.5.2 Name and phone number of the person to whom call was made; and

 

38.5.3 Reason for the call.

 

39.  Compensation for Damage to or Loss of Employee’s Personal Property

 

39.1    Where damage to or loss of the employee's personal property occurs in the course of employment, a claim may be lodged under the Workers Compensation Act 1987 and/or under any insurance policy of the Corporation covering the damage to or loss of the personal property of the employee.

 

39.2    If a claim under subclause 39.1 of this clause is rejected by the insurer, the Chief Executive Officer may compensate an employee for the damage to or loss of personal property, if such damage or loss:

 

39.2.1 Is due to the negligence of the Corporation, another employee, or both, in the performance of their duties; or

 

39.2.2 Is caused by a defect in an employee's material or equipment; or

 

39.2.3 Results from an employee’s protection of or attempt to protect Corporation property from loss or damage.

 

39.3    Compensation in terms of subclause 39.2 of this clause shall be limited to the amount necessary to repair the damaged item. Where the item cannot be repaired or is lost, the Chief Executive Officer may pay the cost of a replacement item, provided the item is identical to or only marginally different from the damaged or lost item and the claim is supported by satisfactory evidence as to the price of the replacement item.

 

39.4    For the purpose of this clause, personal property means an employee's clothes, spectacles, hearing-aid, tools of trade or similar items which are ordinarily required for the performance of the employee’s duties.

 

39.5    Compensation for the damage sustained shall be made by the Corporation where, in the course of work, clothing or items such as spectacles, hearing aids, etc, are damaged or destroyed by natural disasters or by theft or vandalism.

 

40.  First Aid Allowance

 

40.1    An employee appointed as a First Aid Officer shall be paid a first aid allowance at the rate specified in Item 3 of Table 1 - Allowances of Part B, Monetary Rates.

 

40.2    The First Aid Allowance will apply to an employee appointed as a First Aid Officer who holds a St John’s Ambulance Certificate or equivalent qualifications (such as the Civil Defence or the Red Cross Society’s First Aid Certificates) issued within the previous three years.

 

40.3    The First Aid Allowance shall not be paid during leave of one week or more.

 

40.4    When the First Aid Officer is absent on leave for one week or more and another qualified employee is selected to relieve in the First Aid Officer's position, such employee shall be paid a pro rata first aid allowance for assuming the duties of a First Aid Officer.

 

40.5    First Aid Officers may be permitted to attend training and retraining courses conducted during normal hours of duty. The cost of training employees who do not already possess qualifications and who need to be trained to meet Corporation needs, and the cost of retraining First Aid Officers, are to be met by the Corporation.

 

41.  Review of Allowances Payable in Terms of this Award

 

41.1    Adjustment of Allowances - Allowances contained in this award shall be reviewed as follows:

 

41.1.1 Allowances listed in this paragraph will be determined at a level consistent with the reasonable allowances amounts for the appropriate income year as published by the Australian Taxation Office (ATO):

 

(a)       Clause 25, Travelling Compensation;

 

(b)       Clause 29, Meal Expenses on One Day Journeys;

 

(c)       Clause 79, Overtime Meal Allowances, for breakfast, lunch and dinner.

 

41.1.2 Allowances listed in this paragraph will be determined and become effective from 1 July each year at a level consistent with the reasonable allowances amounts as published at or before that time by the Australian Taxation Office (ATO):

 

(a)       Clause 33, Allowances Payable for the Use of Private Motor Vehicle.

 

41.1.3 Allowances payable in terms of clauses listed in this paragraph shall be adjusted on 1 July each year in line with the increases in the Consumer Price Index for Sydney during the preceding year (March quarter figures):

 

(a)       Clause 37, Room at Home Used as Office;

 

(b)       Clause 79, Overtime Meal Allowances, for supper.

 

41.1.4 Allowances payable in terms of clauses listed in this paragraph shall continue to be subject to a percentage increase under an Award, Agreement or Determination and shall be adjusted on and from the date or pay period the percentage increase takes effect:

 

Clause 40, First-Aid Allowance;

 

SECTION 5 - UNION CONSULTATION, ACCESS AND ACTIVITIES

 

42.  Trade Union Activities Regarded as on Duty

 

42.1    An Association delegate will be released from the performance of normal Corporation duty when required to undertake any of the activities specified below. While undertaking such activities the Association delegate will be regarded as being on duty and will not be required to apply for leave:

 

42.1.1 Attendance at meetings of the workplace's Occupational Health and Safety Committee and participation in all official activities relating to the functions and responsibilities of elected Occupational Health and Safety Committee members at a place of work as provided for in the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011.

 

42.1.2 Attendance at meetings with workplace management or workplace management representatives;

 

42.1.3 A reasonable period of preparation time, before-

 

(a)       meetings with management;

 

(b)       disciplinary or grievance meetings when an Association member requires the presence of an Association delegate; and

 

(c)       any other meeting with management,

 

by agreement with management, where operational requirements allow the taking of such time;

 

42.1.4 Giving evidence in court on behalf of the Corporation;

 

42.1.5 Appearing as a witness before the Government and Related Employees Appeal Tribunal;

 

42.1.6 Representing the Association at the Government and Related Employees Appeal Tribunal as an advocate or as a Tribunal Member;

 

42.1.7 Presenting information on the Association and Association activities at induction sessions for new staff of the Corporation; and

 

42.1.8 Distributing official Association publications or other authorised material at the workplace, provided that a minimum of 24 hours' notice is given to workplace management, unless otherwise agreed between the parties. Distribution time is to be kept to a minimum and is to be undertaken at a time convenient to the workplace.

 

43.  Trade Union Activities Regarded as Special Leave

 

43.1    The granting of special leave with pay will apply to the following activities undertaken by an Association delegate, as specified below:

 

43.1.1 Attendance at annual or biennial conferences of the Association;

 

43.1.2 Attendance at meetings of the Association’s Executive, Committee of Management or Councils;

 

43.1.3 Attendance at annual conference of the Unions NSW and the biennial Congress of the Australian Council of Trade Unions;

 

43.1.4 Attendance at meetings called by the Unions NSW involving the Association which requires attendance of a delegate;

 

43.1.5 Attendance at meetings called by the Industrial Relations Secretary, as the employer for industrial purposes, as and when required;

 

43.1.6 Giving evidence before an Industrial Tribunal as a witness for the Association;

 

43.1.7 Reasonable travelling time to and from conferences or meetings to which the provisions of clauses 42, 43 and 44 apply.

 

44.  Trade Union Training Courses

 

44.1    The following training courses will attract the grant of special leave as specified below: -

 

44.1.1 Accredited Occupational Health and Safety (OH&S) courses and any other accredited OH&S training for OH&S Committee members. The provider(s) of accredited OH&S training courses and the conditions on which special leave for such courses will be granted, shall be negotiated between the Chief Executive Officer and the Association.

 

44.1.2 Courses organised and conducted by the Trade Union Education Foundation or by the Association or a training provider nominated by the Association. A maximum of 12 working days in any period of 2 years applies to this training and is subject to:

 

(a)       The operating requirements of the workplace permitting the grant of leave and the absence not requiring employment of relief staff;

 

(b)       Payment being at the base rate, i.e. excluding extraneous payments such as shift allowances/penalty rates, overtime, etc.;

 

(c)       All travelling and associated expenses being met by the employee or the Association;

 

(d)       Attendance being confirmed in writing by the Association or a nominated training provider.

 

45.  Conditions Applying to on Loan Arrangements

 

45.1    Subject to the operational requirements of the workplace, on loan arrangements will apply to the following activities:

 

45.1.1 Meetings interstate or in NSW of a Federal nature to which an Association member has been nominated or elected by the Association: -

 

(a)       As an Executive Member; or

 

(b)       A member of a Federal Council; or

 

(c)       to a vocational or industry committee.

 

45.1.2 Briefing counsel on behalf of the Association;

 

45.1.3 Assisting Association officials with preparation of cases or any other activity outside their normal workplace at which the delegate is required to represent the interests of the Association;

 

45.1.4 Country tours undertaken by a member of the executive or Council of the Association;

 

45.1.5 Taking up of full time duties with the Association if elected to the office of President, General Secretary or to another full time position with the Association.

 

45.1.6 Financial Arrangements - The following financial arrangements apply to the occasions when an employee is placed "on loan" to the Association: -

 

(a)       The Corporation will continue to pay the delegate or an authorised Association representative whose services are on loan to the Association;

 

(b)       The Corporation will seek reimbursement from the Association at regular intervals of all salary and associated on costs, including superannuation, as specified by the NSW Treasury from time to time.

 

(c)       Agreement with the Association on the financial arrangements must be reached before the on loan arrangement commences and must be documented in a manner negotiated between the Chief Executive Officer and the Association.

 

45.1.7 Recognition of "on loan" arrangement as service - On loan arrangements negotiated in terms of this clause are to be regarded as service for the accrual of all leave and for incremental progression.

 

45.1.8 Limitation - On loan arrangements may apply to full-time or part-time staff and are to be kept to the minimum time required. Where the Association needs to extend an on loan arrangement, the Association shall approach the Chief Executive Officer in writing for an extension of time well in advance of the expiration of the current period of on loan arrangement.

 

45.1.9 Where the Chief Executive Officer and the Association cannot agree on the on loan arrangement, the matter is to be referred to the DPE for determination after consultation with the Chief Executive Officer and the Association.

 

46.  Period of Notice for Trade Union Activities

 

The Chief Executive Officer must be notified in writing by the Association or, where appropriate, by the accredited delegate as soon as the date and/or time of the meeting, conference or other accredited activity is known.

 

47.  Access to Facilities by Trade Union Delegates

 

47.1    The workplace shall provide accredited delegates with reasonable access to the following facilities for authorised Association activities:

 

47.1.1 Telephone, facsimile, internet and email facilities;

 

47.1.2 A notice board for material authorised by the Association or access to staff notice boards for material authorised by the Association;

 

47.1.3 Workplace conference or meeting facilities, where available, for meetings with member(s), as negotiated between local management and the Association.

 

48.  Responsibilities of the Trade Union Delegate

 

48.1    Responsibilities of the Association delegate are to:

 

48.1.1 Establish accreditation as a delegate with the Association and provide proof of accreditation to the workplace;

 

48.1.2 Participate in the workplace consultative processes, as appropriate;

 

48.1.3 Follow the dispute settling procedure applicable in the workplace;

 

48.1.4 Provide sufficient notice to the immediate supervisor of any proposed absence on authorised Association business;

 

48.1.5 Account for all time spent on authorised Association business;

 

48.1.6 When special leave is required, to apply for special leave in advance;

 

48.1.7 Distribute Association literature/membership forms, under local arrangements negotiated between the Chief Executive Officer and the Association; and

 

48.1.8 Use any facilities provided by the workplace properly and reasonably as negotiated at organisational level.

 

49.  Responsibilities of the Trade Union

 

49.1    Responsibilities of the Association are to:

49.1.1 Provide written advice to the Chief Executive Officer about an Association activity to be undertaken by an accredited delegate and, if requested, to provide written confirmation to the workplace management of the delegate's attendance/participation in the activity;

 

49.1.2 Meet all travelling, accommodation and any other costs incurred by the accredited delegate, except as provided in paragraph 50.1.3 of clause 50, Responsibilities of Workplace Management, of this award;

 

49.1.3 Pay promptly any monies owing to the workplace under a negotiated on loan arrangement;

 

49.1.4 Provide proof of identity when visiting a workplace in an official capacity, if requested to do so by management;

 

49.1.5 Apply to the Chief Executive Officer well in advance of any proposed extension to the "on loan" arrangement;

 

49.1.6 Assist the workplace management in ensuring that time taken by the Association delegate is accounted for and any facilities provided by the Corporation are used reasonably and properly; and

 

49.1.7 Advise Corporation of any leave taken by the Association delegate during the on loan arrangement.

 

50.  Responsibilities of Workplace Management

 

50.1    Where time is required for Association activities in accordance with this clause the responsibilities of the workplace management are to:

 

50.1.1 Release the accredited delegate from duty for the duration of the Association activity, as appropriate, and, where necessary, allow for sufficient travelling time during the ordinary working hours;

 

50.1.2 Advise the workplace delegate of the date of the next induction session for new employees in sufficient time to enable the Association to arrange representation at the session;

 

50.1.3 Meet the travel and/or accommodation costs properly and reasonably incurred in respect of meetings called by the workplace management;

 

50.1.4 Where possible, provide relief in the position occupied by the delegate in the workplace, while the delegate is undertaking Association responsibilities to assist with the business of workplace management;

 

50.1.5 Re-credit any other leave applied for on the day to which special leave or release from duty subsequently applies;

 

50.1.6 Where an Association activity provided under this clause needs to be undertaken during an approved period of flexi leave, apply the provisions of paragraph 50.1.5 of this clause;

 

50.1.7 Continue to pay salary during an "on loan" arrangement negotiated with the Association and to obtain reimbursement of salary and on-costs from the Association at regular intervals, or as otherwise agreed between the parties if long term arrangements apply;

 

50.1.8 Verify with the Association the time spent by an Association delegate or delegates on Association business, if required; and

 

50.1.9 If the time and/or the facilities allowed for Association activities are thought to be used unreasonably and/or improperly, consult with the Association before taking any remedial action.

 

51.  Right of Entry Provisions

 

The right of entry provisions shall be as prescribed under the Work Health and Safety Act 2011 (NSW) and the Industrial Relations Act 1996 (NSW).

 

52.  Travelling and Other Costs of Trade Union Delegates

 

52.1    Except as specified in paragraph 50.1.3 of clause 50, Responsibilities of Workplace Management, of this award, all travel and other costs incurred by accredited Association delegates in the course of Association activities will be paid by the Association.

 

52.2    In respect of meetings called by the workplace management in terms of paragraph 50.1.3 of clause 50, Responsibilities of Workplace Management, of this award, the payment of travel and/or accommodation costs, properly and reasonably incurred, is to be made, as appropriate, on the same conditions as apply under clauses 25, Travelling Compensation, 29, Meal Expenses on One-Day Journeys, or 30, Restrictions on Payment of Travelling Allowances, of this award.

 

52.3    No overtime, leave in lieu or any other additional costs will be claimable by an employee from the Corporation or the DPE, in respect of Association activities covered by special leave or on duty activities provided for in this clause.

 

52.4    The on loan arrangements shall apply strictly as negotiated and no extra claims in respect of the period of on loan shall be made on the Corporation by the Association or the employee.

 

53.  Industrial Action

 

53.1    Provisions of the Industrial Relations Act 1996 shall apply to the right of Association members to take lawful industrial action (Note the obligations of the parties under clause 9, Grievance and Dispute Settling Procedures.

 

53.2    There will be no victimisation of employees prior to, during or following such industrial action.

 

54.  Consultation and Technological Change

 

54.1    There shall be effective means of consultation, as set out in the Consultative Arrangements Policy and Guidelines document, on matters of mutual interest and concern, both formal and informal, between the Corporation and Association.

 

54.2    The Corporation’s management shall consult with the Association prior to the introduction of any technological change.

 

55.  Deduction of Trade Union Membership Fees

 

55.1    The Association shall provide the Corporation with a schedule setting out Association fortnightly membership fees payable by members of the Association in accordance with the Association's rules.

 

55.2    The Association shall advise the Corporation of any change to the amount of fortnightly membership fees made under its rules. Any variation to the schedule of Association fortnightly membership fees payable shall be provided to the Corporation at least one month in advance of the variation taking effect.

 

55.3    Subject to 55.1 and 55.2 of this clause, the Corporation shall arrange for the deduction of  Association fortnightly membership fees from the pay of any employee who is a member of the Association in accordance with the Association's rules, provided that the employee has authorised the Corporation to make such deductions.

 

55.4    Monies so deducted from an employee's pay shall be forwarded regularly to the Association together with all necessary information to enable the Association to reconcile and credit subscriptions to employees' Association membership accounts.

 

55.5    Unless other arrangements are agreed to by the Corporation and the Association, all Association membership fees shall be deducted on a fortnightly basis.

 

55.6    Where an employee has already authorised the deduction of Association membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deduction to continue.

 

SECTION 6 - LEAVE

 

56.  Leave - General Provisions

 

56.1    The leave provisions contained in this Award apply to all employees other than those to whom arrangements apply under another industrial instrument or under a local arrangement negotiated between the Chief Executive Officer and the Association.

 

56.2    Unless otherwise specified, part-time employees will receive the paid leave provisions of this award on a pro rata basis, calculated according to the number of hours worked per week.

 

56.3    Unless otherwise specified in this award a temporary employee is eligible to take a period of approved leave during the current period of employment and may continue such leave during a subsequent period or periods of employment in the Public Service, if such period or periods of employment commence immediately on termination of a previous period or periods of employment.

 

56.4    Where paid and unpaid leave is available to be granted in terms of this award, paid leave shall be taken before unpaid leave.

 

57.  Absence from Work

 

57.1    An employee must not be absent from work unless reasonable cause is shown.

 

57.2    If an employee is to be absent from duty because of illness or other emergency, the employee shall notify or arrange for another person to notify the supervisor as soon as possible of the employee's absence.

 

57.3    If the employee is absent from duty without authorised leave and the Chief Executive Officer shall deduct from the pay of the employee the amount equivalent to the period of the absence.

 

57.4    The minimum period of leave available to be granted shall be a quarter day, unless local arrangements negotiated in the workplace allow for a lesser period to be taken.

 

57.5    Nothing in this clause affects any proceedings for a breach of discipline against an employee who is absent from duty without authorised leave.

 

58.  Applying for Leave

 

58.1    An application by an employee for leave under this award shall be made to and dealt with by the Chief Executive Officer.

 

58.2    The Chief Executive Officer shall deal with the application for leave according to the wishes of the employee, if the operational requirements of the Corporation permit this to be done.

 

59.  Extended Leave

 

Extended leave shall accrue and shall be granted to employees in accordance with the provisions of the Act.

 

60.  Family and Community Service Leave

 

60.1    The Chief Executive Officer shall grant to an employee some, or all of their accrued family and community service leave on full pay, for reasons relating to unplanned and emergency family responsibilities or other emergencies as described in subclause 60.2 of this clause. The Chief Executive Officer may also grant leave for the purposes in subclause 60.3 of this clause. Non-emergency appointments or duties shall be scheduled or performed outside of normal working hours or through approved use of flexible working arrangements or other appropriate leave.

 

60.2    Such unplanned and emergency situations may include, but not be limited to, the following: -

 

60.2.1 Compassionate grounds - such as the death or illness of a close member of the family or a member of the employee's household;

 

60.2.2 Emergency accommodation matters up to one day, such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;

 

60.2.3 Emergency or weather conditions; such as when flood, fire, snow or disruption to utility services etc., threatens an employee’s property and/or prevents an employee from reporting for duty;

 

60.2.4 Attending to unplanned or unforeseen family responsibilities, such as attending child's school for an emergency reason or emergency cancellations by child care providers;

 

60.2.5 Attendance at court by an employee to answer a charge for a criminal offence, only if the Chief Executive Officer considers the granting of family and community service leave to be appropriate in a particular case.

 

60.3    Family and community service leave may also be granted for:

 

60.3.1 An absence during normal working hours to attend meetings, conferences or to perform other duties, for employees holding office in Local Government, and whose duties necessitate absence during normal working hours for these purposes, provided that the employee does not hold a position of Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council; and

 

60.3.2 Attendance as a competitor in major amateur sport (other than Olympic or Commonwealth Games) for employees who are selected to represent Australia or the State.

 

60.4    The definition of "family" or "relative" in this clause is the same as that provided in paragraph 70.4.2 of clause 70, Sick Leave to Care for a Family Member, of this award.

 

60.5    Family and community service leave shall accrue as follows:

 

60.5.1 two and a half days in the employee’s first year of service;

 

60.5.2 two and a half days in the employee’s second year of service; and

 

60.5.3 one day per year thereafter.

 

60.6    If available family and community service leave is exhausted as a result of natural disasters, the Chief Executive Officer shall consider applications for additional family and community service leave, if some other emergency arises.

 

60.7    If available family and community service leave is exhausted on the death of a family member or relative, additional paid family and community service leave of up to 2 days may be granted on a discrete, per occasion basis to an employee.

 

60.8    In cases of illness of a family member for whose care and support the employee is responsible, paid sick leave in accordance with clause 70, Sick Leave to Care for a Sick Family Member, of this award shall be granted when paid family and community service leave has been exhausted or is unavailable.

 

60.9    A Chief Executive Officer may also grant employees other forms of leave such as accrued recreation leave, time off in lieu, flex leave and so on for family and community service leave purposes.

 

61.  Leave Without Pay

 

61.1    The Chief Executive Officer may grant leave without pay to an employee if good and sufficient reason is shown.

 

61.2    Leave without pay may be granted on a full-time or a part-time basis.

 

61.3    Where an employee is granted leave without pay for a period not exceeding 10 consecutive working days, the employee shall be paid for any proclaimed public holidays falling during such leave without pay.

 

61.4    Where an employee is granted leave without pay which, when aggregated, does not exceed 5 working days in a period of twelve (12) months, such leave shall count as service for incremental progression and accrual of recreation leave.

 

61.5    An employee who has been granted leave without pay shall not engage in employment of any kind during the period of leave without pay, unless prior approval has been obtained from the Chief Executive Officer.

 

61.6    An employee shall not be required to exhaust accrued paid leave before proceeding on leave without pay but, if the employee elects to combine all or part of accrued paid leave with leave without pay, the paid leave shall be taken before leave without pay.

 

61.7    No paid leave shall be granted during a period of leave without pay.

 

61.8    A permanent appointment may be made to the employee’s position if:

 

61.8.1 the leave without pay has continued or is likely to continue beyond the original period of approval and is for a total period of more than 12 months; and

 

61.8.2 the employee is advised of the Corporation’s proposal to permanently backfill their position; and

 

61.8.3 the employee is given a reasonable opportunity to end the leave without pay and return to their position; and

 

61.8.4 the Corporation advised the employee at the time of the subsequent approval that the position will be filled on a permanent basis during the period of leave without pay.

 

61.9    The position cannot be filled permanently unless the above criteria are satisfied.

 

61.10  The employee does not cease to be employed by the Corporation if their position is permanently backfilled.

 

61.11  Subclause 61.8 of this clause does not apply to full-time unpaid parental leave granted in accordance with subparagraph 64.9.1(a) of clause 64, Parental Leave or to military leave.

 

62.  Military Leave

 

62.1    During the period of 12 months commencing on 1 July each year, the Chief Executive Officer may grant to an employee who is a volunteer part-time member of the Defence Force, military leave on full pay to undertake compulsory annual training and to attend schools, classes or courses of instruction or compulsory parades conducted by the employee’s unit.

 

62.2    In accordance with the Defence Reserve Service (Protection) Act 2001 (Cth), it is unlawful to prevent an employee from rendering or volunteering to render, ordinary Defence Reserve Service.

 

62.3    Up to 24 working days military leave per financial year may be granted by the Chief Executive Officer to members of the Naval and Military Reserves and up to 28 working days per financial year to members of the Air Force Reserve for the activities specified in subclause 62.1 of this clause.

 

62.4    The Chief Executive Officer may grant an employee special leave of up to 1 day to attend medical examinations and tests required for acceptance as volunteer part time members of the Australian Defence Force.

 

62.5    An employee who is requested by the Australian Defence Force to provide additional military services requiring leave in excess of the entitlement specified in subclause 62.3 of this clause may be granted Military Leave Top Up Pay by the Chief Executive Officer.

 

62.6    Military Leave Top Up Pay is calculated as the difference between an employee’s ordinary pay as if they had been at work, and the Reservist’s pay which they receive from the Commonwealth Department of Defence.

 

62.7    During a period of Military Leave Top up Pay, an employee will continue to accrue sick leave, recreation and extended leave entitlements, and Corporations are to continue to make superannuation contributions at the normal rate.

 

62.8    At the expiration of military leave in accordance with subclause 62.3 or 62.4 of this clause, the employee shall furnish to the Chief Executive Officer a certificate of attendance and details of the employees reservist pay signed by the commanding officer or other responsible officer.

 

63.  Observance of Essential Religious or Cultural Obligations

 

63.1    An employee of:

 

63.1.1 Any religious faith who seeks leave for the purpose of observing essential religious obligations of that faith; or

 

63.1.2 Any ethnic or cultural background who seeks leave for the purpose of observing any essential cultural obligations, may be granted recreation/extended leave to credit, flex leave or leave without pay to do so.

 

63.2    Provided adequate notice as to the need for leave is given by the employee to the Corporation and it is operationally convenient to release the employee from duty, the Chief Executive Officer must grant the leave applied for by the employee in terms of this clause.

 

63.3    An employee of any religious faith who seeks time off during daily working hours to attend to essential religious obligations of that faith, shall be granted such time off by the Chief Executive Officer, subject to:

 

63.3.1 Adequate notice being given by the employee;

 

63.3.2 Prior approval being obtained by the employee; and

 

63.3.3 The time off being made up in the manner approved by the Chief Executive Officer.

 

63.4    Notwithstanding the provisions of subclauses 63.1, 63.2 and 63.3 of this clause, arrangements may be negotiated between the Corporation and the Association to provide greater flexibility for employees for the observance of essential religious or cultural obligations.

 

64.  Parental Leave

 

64.1    Parental leave includes maternity, adoption and "other parent" leave.

 

64.2    Maternity leave shall apply to an employee who is pregnant and, subject to this clause the employee shall be entitled to be granted maternity leave as follows:

 

64.2.1 For a period up to 9 weeks prior to the expected date of birth; and

 

64.2.2 For a further period of up to 12 months after the actual date of birth.

 

64.2.3 An employee who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.

 

64.3    Adoption leave shall apply to an employee adopting a child and who will be the primary care giver, the employee shall be granted adoption leave as follows:

 

64.3.1 For a period of up to 12 months if the child has not commenced school at the date of the taking of custody; or

 

64.3.2 For such period, not exceeding 12 months on a full-time basis, as the Chief Executive Officer may determine, if the child has commenced school at the date of the taking of custody.

 

64.3.3 Special Adoption Leave - An employee shall be entitled to special adoption leave (without pay) for up to 2 days to attend interviews or examinations for the purposes of adoption. Special adoption leave may be taken as a charge against recreation leave, extended leave, flexitime or family and community service leave.

 

64.4    Where maternity or adoption leave does not apply, "other parent" leave is available to male and female staff who apply for leave to look after his/her child or children. Other parent leave applies as follows:

 

64.4.1 Short other parent leave - an unbroken period of up to 8 weeks at the time of the birth of the child or other termination of the spouse's or partner's pregnancy or, in the case of adoption, from the date of taking custody of the child or children;

 

64.4.2 Extended other parent leave - for a period not exceeding 12 months, less any short other parental leave already taken by the employee as provided for in paragraph 64.4.1 of this subclause. Extended other parental leave may commence at any time up to 2 years from the date of birth of the child or the taking of custody of the child.

 

64.5    An employee taking maternity or adoption leave is entitled to payment at the ordinary rate of pay for a period of up to 14 weeks. An employee entitled to short other parent leave is entitled to payment at the ordinary rate of pay for a period of up to 1 week, provided the employee:

 

64.5.1 applied for parental leave within the time and in the manner determined set out in subclause 64.10 of this clause; and

 

64.5.2 prior to the commencement of parental leave, completed not less than 40 weeks' continuous service.

 

64.5.3 Payment for the maternity, adoption or short other parent leave may be made as follows:

 

(a)       in advance as a lump sum; or

 

(b)       fortnightly as normal; or

 

(c)       fortnightly at half pay; or

 

(d)       a combination of full-pay and half pay.

 

64.6    Payment for parental leave is at the rate applicable when the leave is taken. An employee holding a full time position who is on part time leave without pay when they start parental leave is paid:

 

64.6.1 at the full time rate if they began part time leave 40 weeks or less before starting parental leave;

 

64.6.2 at the part time rate if they began part time leave more than 40 weeks before starting parental leave and have not changed their part time work arrangements for the 40 weeks;

 

64.6.3 at the rate based on the average number of weekly hours worked during the 40 week period if they have been on part time leave for more than 40 weeks but have changed their part time work arrangements during that period.

 

64.7    An employee who commences a subsequent period of maternity or adoption leave for another child within 24 months of commencing an initial period of maternity or adoption leave will be paid:

 

64.7.1 at the rate (full time or part time) they were paid before commencing the initial leave if they have not returned to work; or

 

64.7.2 at a rate based on the hours worked before the initial leave was taken, where the employee has returned to work and reduced their hours during the 24 month period; or

 

64.7.3 at a rate based on the hours worked prior to the subsequent period of leave where the employee has not reduced their hours.

 

64.8    Except as provided in subclauses 64.5, 64.6 and 64.7 of this clause parental leave shall be granted without pay.

 

64.9    Right to request

 

64.9.1 An employee who has been granted parental leave in accordance with subclauses 64.2, 64.3 or 64.4 of this clause may make a request to the Chief Executive Officer to:

 

(a)       extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(b)       return from a period of full time parental leave on a part time basis until the child reaches school age (Note: returning to work from parental leave on a part time basis includes the option of returning to work on part time leave without pay);

 

to assist the employee in reconciling work and parental responsibilities.

 

64.9.2 The Chief Executive Officer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the Chief Executive Officer’s business.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

64.10  Notification Requirements

 

64.10.1           When the Corporation is made aware that an employee or their spouse is pregnant or is adopting a child, the Corporation must inform the employee of their entitlements and their obligations under the award.

 

64.10.2           An employee who wishes to take parental leave must notify the Chief Executive Officer in writing at least 8 weeks (or as soon as practicable) before the expected commencement of parental leave:

 

(a)       that she/he intends to take parental leave, and

 

(b)       the expected date of birth or the expected date of placement, and

 

(c)       if she/he is likely to make a request under subclause 64.9 of this clause.

 

64.10.3           At least 4 weeks before an employee's expected date of commencing parental leave they must advise:

 

(a)       the date on which the parental leave is intended to start, and

 

(b)       the period of leave to be taken.

 

64.10.4           The employee’s request and the Chief Executive Officer’s decision are to be in writing.

 

The employee’s request under paragraph 64.9.1 and the Chief Executive Officer’s decision made under paragraph 64.9.2 must be recorded in writing.

 

64.10.5           A employee intending to request to return from parental leave on a part time basis or seek an additional period of leave of up to 12 months must notify the Chief Executive Officer in writing as soon as practicable and preferably before beginning parental leave. If the notification is not given before commencing such leave, it may be given at any time up to 4 weeks before the proposed return on a part time basis, or later if the Chief Executive Officer agrees.

 

64.10.6           An employee on maternity leave is to notify the Corporation of the date on which she gave birth as soon as she can conveniently do so.

 

64.10.7           An employee must notify the Corporation as soon as practicable of any change in her intentions as a result of premature delivery or miscarriage.

 

64.10.8           An employee on maternity or adoption leave may change the period of leave or arrangement, once without the consent of the Corporation and any number of times with the consent of the Corporation. In each case she/he must give the Corporation at least 14 days' notice of the change unless the Chief Executive Officer decides otherwise.

 

64.11  An employee has the right to her/his former position if she/he has taken approved leave or part time work in accordance with subclause 64.9 of this clause, and she/he resumes duty immediately after the approved leave or work on a part time basis.

 

64.12  If the position occupied by the employee immediately prior to the taking of parental leave has ceased to exist, but there are other positions available that the employee is qualified for and is capable of performing, the employee shall be appointed to a position of the same grade and classification as the employee’s former position.

 

64.13  an Employee does not have a right to her/his former position during a period of return to work on a part time basis. If the Chief Executive Officer approves a return to work on a part time basis then the position occupied is to be at the same classification and grade as the former position.

 

64.14  An employee who has returned to full time duty without exhausting their entitlement to 12 months unpaid parental leave is entitled to revert back to such leave. This may be done once only, and a minimum of 4 weeks' notice (or less if acceptable to the Corporation) must be given.

 

64.15  An employee who is sick during her pregnancy may take available paid sick leave or accrued recreation or extended leave or sick leave without pay. An employee may apply for accrued recreation leave, extended leave or leave without pay before taking maternity leave. Any leave taken before maternity leave, ceases at the end of the working day immediately preceding the day she starts her nominated period of maternity leave or on the working day immediately preceding the date of birth of the child, whichever is sooner.

 

64.16  An employee may elect to take available recreation leave or extended leave within the period of parental leave provided this does not extend the total period of such leave.

 

64.17  An employee may elect to take available recreation leave at half pay in conjunction with parental leave provided that:

 

64.17.1           accrued recreation leave at the date leave commences is exhausted within the period of parental leave;

 

64.17.2           the total period of parental leave is not extended by the taking of recreation leave at half pay;

 

64.17.3           when calculating other leave accruing during the period of recreation leave at half pay, the recreation leave at half pay shall be converted to the full time equivalent and treated as full pay leave for accrual of further recreation, extended and other leave at the full time rate.

 

64.18  If, for any reason, a pregnant employee is having difficulty in performing her normal duties or there is a risk to her health or to that of her unborn child the Chief Executive Officer, should, in consultation with the employee, take all reasonable measures to arrange for safer alternative duties. This may include but is not limited to greater flexibility in when and where duties are carried out, a temporary change in duties, retraining, multi-skilling, teleworking and job redesign.

 

64.19  If such adjustments cannot reasonably be made, the Chief Executive Officer must grant the employee maternity leave, or any available sick leave, for as long as it is necessary to avoid exposure to that risk as certified by a medical practitioner, or until the child is born whichever is the earlier.

 

64.20  Communication during parental leave

 

64.20.1           Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Corporation shall take reasonable steps to:

 

(a)       make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

 

(b)       provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

64.20.2           The employee shall take reasonable steps to inform the Chief Executive Officer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part time basis.

 

64.20.3           The employee shall also notify the Chief Executive Officer of changes of address or other contact details which might affect the Corporation’s capacity to comply with paragraph 64.20.1 of this subclause.

 

65.  Purchased Leave

 

65.1    An employee may apply to enter into an agreement with the Chief Executive Officer to purchase either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12 month period.

 

65.1.1 Each application will be considered subject to operational requirements and personal needs and will take into account Corporation business needs and work demands.

 

65.1.2 The leave must be taken in the 12 month period specified in the Purchased Leave Agreement and will not attract any leave loading.

 

65.1.3 The leave will count as service for all purposes.

 

65.2    The purchased leave will be funded through the reduction in the employee’s ordinary rate of pay. 

 

65.2.1 Purchased leave rate of pay means the rate of pay an employee receives when their ordinary salary rate has been reduced to cover the cost of purchased leave.

 

65.2.2 To calculate the purchased leave rate of pay, the employee’s ordinary salary rate will be reduced by the number of weeks of purchased leave and then annualised at a pro rata rate over the 12 month period.

 

65.3    Purchased leave is subject to the following provisions:

 

65.3.1 The purchased leave cannot be accrued and will be refunded where it has not been taken in the 12 month period.

 

65.3.2 Other leave taken during the 12 month purchased leave agreement period i.e. sick leave, recreation leave, extended leave or leave in lieu will be paid at the purchased leave rate of pay.

 

65.3.3 Sick leave cannot be taken during a period of purchased leave.

 

65.3.4 The purchased leave rate of pay will be the salary for all purposes including superannuation and shift loadings.

 

65.3.5 Overtime and salary related allowances not paid during periods of recreation leave will be calculated using the employee’s hourly rate based on the ordinary rate of pay.

 

65.3.6 Higher Duties Allowance will not be paid when a period of purchased leave is taken.

 

65.4    Specific conditions governing purchased leave may be amended from time to time by the DPE in consultation with the Association.  The Corporation may make adjustments relating to their salary administration arrangements.

 

66.  Recreation Leave

 

66.1    Accrual

 

66.1.1 Except where stated otherwise in this award, paid recreation leave for full time employees and recreation leave for employees working part time, accrues at the rate of 20 working days per year. Employees working part time shall accrue paid recreation leave on a pro rata basis, which will be determined on the average weekly hours worked per leave year.

 

66.1.2 Recreation leave accrues from day to day.

 

66.2    Limits on Accumulation and Direction to Take Leave

 

66.2.1 At least two (2) consecutive weeks of recreation leave shall be taken by an employee every 12 months, except by agreement with the Chief Executive Officer in special circumstances.

 

66.2.2 Where the operational requirements permit, the application for leave shall be dealt with by the Chief Executive Officer according to the wishes of the employee.

 

66.2.3 The Chief Executive Officer shall notify the employee in writing when accrued recreation leave reaches 6 weeks or its hourly equivalent and at the same time may direct an employee to take at least 2 weeks recreation leave within 3 months of the notification at a time convenient to the Corporation.

 

66.2.4 The Chief Executive Officer shall notify the employee in writing when accrued recreation leave reaches 8 weeks or its hourly equivalent and direct the employee to take at least 2 weeks recreation leave within 6 weeks of the notification. Such leave is to be taken at a time convenient to the Corporation.

 

66.2.5 An employee must take their recreation leave to reduce all balances below 8 weeks or its hourly equivalent, and the Corporation must cooperate in this process.  The Corporation may direct an employee with more than 8 weeks to take their recreation leave so that it is reduced to below 8 weeks by the beginning of February of the following year.

 

66.3    Conservation of Leave - If the Chief Executive Officer is satisfied that an employee is prevented by operational or personal reasons from taking sufficient recreation leave to reduce the accrued leave below an acceptable level of between 4 and 6 weeks or its hourly equivalent, the Chief Executive Officer shall:-

 

66.3.1 Specify in writing the period of time during which the excess leave shall be conserved; and

 

66.3.2 On the expiration of the period during which conservation of leave applies, grant sufficient leave to the employee at a mutually convenient time to enable the accrued leave to be reduced to an acceptable level below the 8 week limit.

 

66.3.3 The Chief Executive Officer will inform an employee in writing on a regular basis of the employee’s recreation leave accrual.

 

66.4    Miscellaneous

 

66.4.1 Unless a local arrangement has been negotiated between the Chief Executive Officer and the Association, recreation leave is not to be granted for a period less than a quarter-day or in other than multiples of a quarter day.

 

66.4.2 Recreation leave for which an employee is eligible on cessation of employment is to be calculated to a quarter day (fractions less than a quarter being rounded up).

 

66.4.3 Recreation leave does not accrue to an employee in respect of any period of absence from duty without leave or without pay, except as specified in paragraph 66.4.4 of this subclause.

 

66.4.4 Recreation leave accrues during any period of leave without pay granted on account of incapacity for which compensation has been authorised to be paid under the Workers Compensation Act 1987; or any period of sick leave without pay or any other approved leave without pay, not exceeding 5 full time working days, or their part time equivalent, in any period of 12 months.

 

66.4.5 The proportionate deduction to be made in respect of the accrual of recreation leave on account of any period of absence referred to in paragraph 66.4.4 of this subclause shall be calculated to an exact quarter-day (fractions less than a quarter being rounded down).

 

66.4.6 Recreation leave accrues at half its normal accrual rate during periods of extended leave on half pay or recreation leave taken on half pay.

 

66.4.7 Recreation leave may be taken on half pay in conjunction with and subject to the provisions applying to adoption, maternity or parental leave - see clause 64, Parental Leave, of this award.

 

66.4.8 On cessation of employment, an employee is entitled to be paid the money value of accrued recreation leave which remains untaken.

 

66.4.9 An employee to whom paragraph 66.4.8 of this subclause applies may elect to take all or part of accrued recreation leave which remains untaken at cessation of active duty as leave or as a lump sum payment; or as a combination of leave and lump sum payment.

 

66.5    Death - Where an employee dies, the monetary value of recreation leave accrued and remaining untaken as at the date of death, shall be paid to the employee's nominated beneficiary.

 

66.6    Where no beneficiary has been nominated, the monetary value of recreation leave is to be paid as follows:

 

66.6.1 To the widow or widower of the employee; or

 

66.6.2 If there is no widow or widower, to the children of the employee or, if there is a guardian of any children entitled under this subclause, to that guardian for the children's maintenance, education and advancement; or

66.6.3 If there is no such widow, widower or children, to the person who, in the opinion of the Chief Executive Officer was, at the time of the employee's death, a dependent relative of the employee; or

 

66.6.4 If there is no person entitled under paragraphs 66.6.1, 66.6.2 or 66.6.3 of this subclause to receive the money value of any leave not taken or not completed by an employee or which would have accrued to the employee, the payment shall be made to the personal representative of the employee.

 

66.7    Recreation leave does not accrue during leave without pay other than

 

66.7.1 military leave taken without pay when paid military leave entitlements are exhausted;

 

66.7.2 absences due to natural emergencies or major transport disruptions, when all other paid leave is exhausted;

 

66.7.3 any continuous period of sick leave taken without pay when paid sick leave is exhausted;

 

66.7.4 incapacity for which compensation has been authorised under the Workplace Injury Management and Workers Compensation Act 1998; or

 

66.7.5 periods which when aggregated, do not exceed 5 working days in any period of 12 months.

 

67.  Annual Leave Loading

 

67.1    General - Unless more favourable conditions apply to an employee under another industrial instrument, an employee, other than a trainee who is paid by allowance, is entitled to be paid an annual leave loading as set out in this subclause. Subject to the provisions set out in subclauses 67.2 to 67.4 of this clause, the annual leave loading shall be 17½% on the monetary value of up to 4 weeks recreation leave accrued in a leave year.

 

67.2    Maximum Loading - Unless otherwise provided in an Award or Agreement under which the employee is paid, the annual leave loading payable shall not exceed the amount which would have been payable to an employee in receipt of salary equivalent to the maximum salary for a Grade 12 Clerk.

 

67.3    Leave year - For the calculation of the annual leave loading, the leave year shall commence on 1 December each year and shall end on 30 November of the following year.

 

67.4    Payment of annual leave loading - Payment of the annual leave loading shall be made on the recreation leave accrued during the previous leave year and shall be subject to the following conditions:

 

67.4.1 Annual leave loading shall be paid on the first occasion in a leave year, other than the first leave year of employment, when an employee takes at least two (2) consecutive weeks recreation leave. Where an employee does not have at least 2 weeks recreation leave available, the employee may use a combination of recreation leave and any of the following: public holidays, flex leave, extended leave, leave without pay, time off in lieu, rostered day off. The employee shall be paid the annual leave loading for such period, provided the absence is at least 2 weeks.

 

67.4.2 If at least two weeks leave, as set out in paragraph 67.4.1 of this subclause, is not taken in a leave year, then the payment of the annual leave loading entitlement for the previous leave year shall be made to the employee as at 30 November of the current year.

 

67.4.3 While annual leave loading shall not be paid in the first leave year of employment, it shall be paid on the first occasion in the second leave year of employment when at least two weeks leave, as specified in paragraph 67.4.1 of this subclause, is taken.

 

67.4.4 An employee who has not been paid the annual leave loading for the previous leave year, shall be paid such annual leave loading on resignation, retirement or termination by the Corporation for any reason other than the employee's serious and intentional misconduct.

 

67.4.5 Except in cases of voluntary redundancy, proportionate leave loading is not payable on cessation of employment.

 

68.  Sick Leave

 

68.1    Illness in this clause and in clauses 69 and 70 of this award means physical or psychological illness or injury, medical treatment and the period of recovery or rehabilitation from an illness or injury.

 

68.2    Payment for sick leave is subject to the employee:

 

68.2.1 Informing their manager as soon as reasonably practicable that they are unable to perform duty because of illness. This must be done as close to the employee’s starting time as possible; and

 

68.2.2 Providing evidence of illness as soon as practicable if required by clause 69, Sick Leave - Requirements for Evidence of Illness, of this award.

 

68.3    If the Chief Executive Officer is satisfied that an employee is unable to perform duty because of the employee's illness or the illness of his/her family member, the Chief Executive Officer:

 

68.3.1 Shall grant to the employee sick leave on full pay; and

 

68.3.2 May grant to the employee, sick leave without pay if the absence of the employee exceeds the entitlement of the employee under this award to sick leave on full pay.

 

68.4    The Chief Executive Officer may direct an employee to take sick leave if they are satisfied that, due to the employee’s illness, the employee:

 

68.4.1 is unable to carry out their duties without distress; or

 

68.4.2 risks further impairment of their health by reporting for duty; or

 

68.4.3 is a risk to the health, wellbeing or safety of other employees, Corporational clients or members of the public.

 

68.5    The Chief Executive Officer may direct an employee to participate in a return to work program if the employee has been absent on a long period of sick leave.

 

68.6    Entitlements.  Existing employees at 13 November 2008 commenced accruing sick leave in accordance with this clause from 1 January 2009 onwards.

 

68.6.1 At the commencement of employment with the Public Service, a full-time employee is granted an accrual of 5 days sick leave.

 

68.6.2 After the first four months of employment, the employee shall accrue sick leave at the rate of 10 working days per year for the balance of the first year of service.

 

68.6.3 After the first year of service, the employee shall accrue sick leave day to day at the rate of 15 working days per year of service.

 

68.6.4 All continuous service as an employee in the NSW public service shall be taken into account for the purpose of calculating sick leave due. Where the service in the NSW public service is not continuous, previous periods of public service shall be taken into account for the purpose of calculating sick leave due if the previous sick leave records are available.

 

68.6.5 Notwithstanding the provisions of paragraph 68.6.4 of this subclause, sick leave accrued and not taken in the service of a public sector employer may be accessed in terms of the Public Sector Staff Mobility Policy.

 

68.6.6 Sick leave without pay shall count as service for the accrual of recreation leave and paid sick leave.  In all other respects sick leave without pay shall be treated in the same manner as leave without pay.

 

68.6.7 When determining the amount of sick leave accrued, sick leave granted on less than full pay, shall be converted to its full pay equivalent.

 

68.6.8 Paid sick leave shall not be granted during a period of unpaid leave.

 

68.7    Payment during the initial 3 months of service - Paid sick leave which may be granted to an employee, other than a seasonal or relief employee, in the first 3 months of service shall be limited to 5 days paid sick leave, unless the Chief Executive Officer approves otherwise. Paid sick leave in excess of 5 days granted in the first 3 months of service shall be supported by a satisfactory medical certificate.

 

68.8    Seasonal or relief staff - No paid sick leave shall be granted to temporary employees who are employed as seasonal or relief staff for a period of less than 3 months.

 

69.  Sick Leave - Requirements for Evidence of Illness

 

69.1    An employee absent from duty for more than 2 consecutive working days because of illness must furnish evidence of illness to the Chief Executive Officer in respect of the absence.

 

69.2    In addition to the requirements under subclause 68.2 of clause 68, Sick Leave, of this award, an employee may absent themselves for a total of 5 working days per annum due to illness without the provision of evidence of illness to the Chief Executive Officer. Employees who absent themselves in excess of 5 working days in a year may be required to furnish evidence of illness to the Chief Executive Officer for each occasion absent for the balance of the calendar year.

 

69.3    As a general practice backdated medical certificates will not be accepted.  However, if an employee provides evidence of illness that only covers the latter part of the absence, they can be granted sick leave for the whole period if the Chief Executive Officer is satisfied that the reason for the absence is genuine.

 

69.4    If an employee is required to provide evidence of illness for an absence of 2 consecutive working days or less, the Chief Executive Officer will advise them in advance.

 

69.5    If the Chief Executive Officer is concerned about the diagnosis described in the evidence of illness produced by the employee, after discussion with the employee, the evidence provided and the employee's application for leave can be referred to the Department of Health for advice.

 

69.5.1 The type of leave granted to the employee will be determined by the Chief Executive Officer based on Department of Health advice.

 

69.5.2 If sick leave is not granted, the Chief Executive Officer will, as far as practicable, take into account the wishes of the employee when determining the type of leave granted.

 

69.6    The granting of paid sick leave shall be subject to the employee providing evidence which indicates the nature of illness or injury and the estimated duration of the absence.  If an employee is concerned about disclosing the nature of the illness to their manager, they may elect to have the application for sick leave dealt with confidentially by an alternate manager or the human resources section of the Corporation.

 

69.7    The reference in this clause to evidence of illness shall apply, as appropriate:

 

69.7.1 up to one week may be provided by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or, at the Chief Executive Officer's discretion, another registered health services provider, or

 

69.7.2 where the absence exceeds one week, and unless the health provider listed in paragraph 69.7.1 of this subclause is also a registered medical practitioner, applications for any further sick leave must be supported by evidence of illness from a registered medical practitioner, or

 

69.7.3 at the Chief Executive Officer’s discretion, other forms of evidence that satisfy that an employee had a genuine illness.

 

69.8    If an employee who is absent on recreation leave or extended leave, furnishes to the Chief Executive Officer satisfactory evidence of illness in respect of an illness which occurred during the leave, the Chief Executive Officer may, subject to the provisions of this clause, grant sick leave to the employee as follows:

 

69.8.1 In respect of recreation leave, the period set out in the evidence of illness;

 

69.8.2 In respect of extended leave, the period set out in the evidence of illness if such period is 5 working days or more.

 

69.9    Subclause 69.8 of this clause applies to all employees other than those on leave prior to resignation or termination of services, unless the resignation or termination of services amounts to a retirement.

 

70.  Sick Leave to Care for a Family Member

 

70.1    Where family and community service leave provided for in clause 60 of this award is exhausted or unavailable, an employee with responsibilities in relation to a category of person set out in subclause 70.4 of this clause who needs the employee's care and support, may elect to use available paid sick leave, subject to the conditions specified in this clause, to provide such care and support when a family member is ill.

 

70.2    The sick leave shall initially be taken from the sick leave accumulated over the previous 3 years. In special circumstances, the Chief Executive Officer may grant additional sick leave from the sick leave accumulated during the employee’s eligible service.

 

70.3    If required by the Chief Executive Officer to establish the illness of the person concerned, the employee must provide evidence consistent with subclause 69.6 of clause 69, Sick Leave - Requirements for Evidence of Illness, of this award.

 

70.4    The entitlement to use sick leave in accordance with this clause is subject to:

 

70.4.1 The employee being responsible for the care and support of the person concerned; and

 

70.4.2 The person concerned being:

 

(a)       a spouse of the employee; or

 

(b)       a de facto spouse being a person of the opposite sex to the employee who lives with the employee as her husband or his wife on a bona fide domestic basis although not legally married to that employee; or

 

(c)       a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the employee or of the 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 definition:

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

"affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

71.  Sick Leave - Workers Compensation

 

71.1    The Chief Executive Officer shall advise each employee of the rights under the Workers Compensation Act 1987, as amended from time to time, and shall give such assistance and advice, as necessary, in the lodging of any claim.

 

71.2    A employee who is or becomes unable to attend for duty or to continue on duty in circumstances which may give the employee a right to claim compensation under the Workers Compensation Act 1987 shall be required to lodge a claim for any such compensation.

 

71.3    Where, due to the illness or injury, the employee is unable to lodge such a claim in person, the Chief Executive Officer shall assist the employee or the representative of the employee, as required, to lodge a claim for any such compensation.

 

71.4    The Chief Executive Officer will ensure that, once received by the Corporation, an employee’s workers compensation claim is lodged by the Corporation with the workers compensation insurer within the statutory period prescribed in the Workers Compensation Act 1987.

 

71.5    Pending the determination of that claim and on production of an acceptable medical certificate, the Chief Executive Officer shall grant sick leave on full pay for which the employee is eligible followed, if necessary, by sick leave without pay or, at the employee's election by accrued recreation leave or extended leave.

 

71.6    If liability for the workers compensation claim is accepted, then an equivalent period of any sick leave taken by the employee pending acceptance of the claim shall be restored to the credit of the employee.

 

71.7    An employee who continues to receive compensation after the completion of the period of 26 weeks referred to in section 36 of the Workers Compensation Act 1987 may use any accrued and untaken sick leave to make up the difference between the amount of compensation payable under that Act and the employee's ordinary rate of pay. Sick leave utilised in this way shall be debited against the employee.

 

71.8    If an employee notifies the Chief Executive Officer that he or she does not intend to make a claim for any such compensation, the Chief Executive Officer shall consider the reasons for the employee's decision and shall determine whether, in the circumstances, it is appropriate to grant sick leave in respect of any such absence.

 

71.9    An employee may be required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act. If an employee refuses to submit to a medical examination without an acceptable reason, the employee shall not be granted available sick leave on full pay until the examination has occurred and a medical certificate is issued indicating that the employee is not fit to resume employment.

 

71.10  If the Chief Executive Officer provides the employee with employment which meets the terms and conditions specified in the medical certificate issued under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 and, without good reason, the employee fails, to resume or perform such duties, the employee shall be ineligible for all payments in accordance with this clause from the date of the refusal or failure.

 

71.11  No further sick leave shall be granted on full pay if there is a commutation of weekly payments of compensation by the payment of a lump sum pursuant to section 51 of the Workers Compensation Act 1987.

 

71.12  Nothing in this clause prevents an employee from appealing a decision or taking action under other legislation made in respect of:

 

71.12.1           The employee's claim for workers compensation;

 

71.12.2           The conduct of a medical examination by a Government or other Medical Officer;

 

71.12.3           A medical certificate issued by the examining Government or other Medical Officer; or

 

71.12.4           Action taken by the Chief Executive Officer either under the Workers Compensation Act 1987 or any other relevant legislation in relation to a claim for workers compensation, medical examination or medical certificate.

 

72.  Sick Leave - Claims Other than Workers Compensation

 

72.1    If the circumstances of any injury to or illness of an employee give rise to a claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987, sick leave on full pay may, subject to and in accordance with this clause, be granted to the employee on completion of an acceptable undertaking that: -

 

72.1.1 Any such claim, if made, will include a claim for the value of any period of paid sick leave granted by the Corporation to the employee; and

 

72.1.2 In the event that the employee receives or recovers damages or compensation pursuant to that claim for loss of salary or wages during any such period of sick leave, the employee will repay to the Corporation the monetary value of any such period of sick leave.

 

72.2    Sick leave on full pay shall not be granted to an employee who refuses or fails to complete an undertaking, except in cases where the Chief Executive Officer is satisfied that the refusal or failure is unavoidable.

 

72.3    On repayment to the Corporation of the monetary value of sick leave granted to the employee, sick leave equivalent to that repayment and calculated at the employee’s ordinary rate of pay, shall be restored to the credit of the employee.

 

73.  Special Leave

 

73.1    Special Leave - Jury Service

 

73.1.1 An employee shall, as soon as possible, notify the Chief Executive Officer of the details of any jury summons served on the employee.

 

73.1.2 A employee who, during any period when required to be on duty, attends a court in answer to a jury summons shall, upon return to duty after discharge from jury service, furnish to the Chief Executive Officer a certificate of attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendances by the employee during any such period and the details of any payment or payments made to the employee under section 72 of the Jury Act 1977 in respect of any such period.

 

73.1.3 When a certificate of attendance on jury service is received in respect of any period during which an employee was required to be on duty, the Chief Executive Officer shall grant, in respect of any such period for which the employee has been paid out-of-pocket expenses only, special leave on full pay. In any other case, the Chief Executive Officer shall grant, at the sole election of the employee, available recreation leave on full pay, flex leave or leave without pay.

 

73.2    Witness at Court - Official Capacity - When an employee is subpoenaed or called as a witness in an official capacity, the employee shall be regarded as being on duty. Salary and any expenses properly and reasonably incurred by the employee in connection with the employee’s appearance at court as a witness in an official capacity shall be paid by the Corporation.

 

73.3    Witness at Court - Other than in Official Capacity - Crown Witness - An employee who is subpoenaed or called as a witness by the Crown (whether in right of the Commonwealth or in right of any State or Territory of the Commonwealth) shall:

 

73.3.1 Be granted, for the whole of the period necessary to attend as such a witness, special leave on full pay; and

 

73.3.2 Pay into the Treasury of the State of New South Wales all money paid to the employee under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call.

 

73.3.3 Association Witness - an employee called by the Association to give evidence before an Industrial Tribunal or in another jurisdiction shall be granted special leave by the Corporation for the required period.

 

73.4    Called as a witness in a private capacity - An employee who is subpoenaed or called as a witness in a private capacity shall, for the whole of the period necessary to attend as such a witness, be granted at the employee's election, available recreation leave on full pay or leave without pay.

 

73.5    Special Leave - Examinations -

 

73.5.1 Special leave on full pay up to a maximum of 5 days in any one year shall be granted to employees for the purpose of attending at any examination approved by the Chief Executive Officer.

 

73.5.2 Special leave granted to attend examinations shall include leave for any necessary travel to or from the place at which the examination is held.

 

73.5.3 If an examination for a course of study is held during term or semester within the normal class timetable and study time has been granted to the employee, no further leave is granted for any examination.

 

73.6    Special Leave - Union Activities - Special leave on full pay may be granted to employees who are accredited Association delegates to undertake Association activities as provided for in clause 43, Trade Union Activities Regarded as Special Leave of this award.

 

73.7    An employee who identifies as an Indigenous Australian shall be granted up to one day special leave per year to enable the employee to participate in the National Aborigines and Islander Day of Commemoration Celebrations. Leave can be taken at any time during NAIDOC week, or in the weeks leading up to and after NAIDOC week as negotiated between the supervisor and employee.

 

73.8    Special Leave - Other Purposes - Special leave on full pay may be granted to employees by the Chief Executive Officer for such other purposes, subject to the conditions specified in the Personnel Handbook at the time the leave is taken.

 

SECTION 7 - TRAINING AND PROFESSIONAL DEVELOPMENT

 

74.  Staff Development and Training Activities

 

74.1    For the purpose of this clause, the following shall be regarded as staff development and training activities:

 

74.1.1 All staff development courses conducted by a NSW Public Sector organisation;

 

74.1.2 Short educational and training courses conducted by generally recognised public or private educational bodies; and

 

74.1.3 Conferences, conventions, seminars, or similar activities conducted by professional, learned or other generally recognised societies, including Federal or State Government bodies.

 

74.2    For the purposes of this clause, the following shall not be regarded as staff development and training activities:

 

74.2.1 Activities for which study assistance is appropriate;

 

74.2.2 Activities to which other provisions of this award apply (e.g. courses conducted by the Association); and

 

74.2.3 Activities which are of no specific relevance to the NSW Public Sector.

 

74.3    Attendance of an employee at activities considered by the Chief Executive Officer to be:

 

74.3.1 Essential for the efficient operation of the Corporation; or

 

74.3.2 Developmental and of benefit to the NSW public sector

 

shall be regarded as on duty for the purpose of payment of salary if an employee attends such an activity during normal working hours.

 

74.4    The following provisions shall apply, as appropriate, to the activities considered to be essential for the efficient operation of the Corporation:

 

74.4.1 Recognition that the employees are performing normal duties during the course;

 

74.4.2 Adjustment for the hours so worked under flexible working hours;

 

74.4.3 Payment of course fees;

 

74.4.4 Payment of all actual necessary expenses or payment of allowances in accordance with this award, provided that the expenses involved do not form part of the course and have not been included in the course fees; and

 

74.4.5 Payment of overtime where the activity could not be conducted during the employee's normal hours and the Chief Executive Officer is satisfied that the approval to attend constitutes a direction to work overtime under clause 76, Overtime - General of this award.

 

74.5    The following provisions shall apply, as appropriate, to the activities considered to be developmental and of benefit to the Corporation:

 

74.5.1 Recognition of the employee as being on duty during normal working hours whilst attending the activity;

 

74.5.2 Payment of course fees;

 

74.5.3 Reimbursement of any actual necessary expenses incurred by the employee for travel costs, meals and accommodation, provided that the expenses have not been paid as part of the course fee; and

 

74.5.4 Such other conditions as may be considered appropriate by the Chief Executive Officer given the circumstances of attending at the activity, such as compensatory leave for excess travel or payment of travelling expenses.

 

74.6    Where the training activities are considered to be principally of benefit to the employee and of indirect benefit to the public service, special leave of up to 10 days per year shall be granted to an employee. If additional leave is required and the Chief Executive Officer is able to release the employee, such leave shall be granted as a charge against available flex leave, recreation/extended leave or as leave without pay.

 

74.7    Higher Duties Allowance - Payment of a higher duties allowance is to continue where the employee attends a training or developmental activity whilst on duty in accordance with this clause.

 

75.  Study Assistance

 

75.1    The Chief Executive Officer shall have the power to grant or refuse study time for an employee.

 

75.2    Where the Chief Executive Officer approves the grant of study time for an employee, the grant shall be subject to:

 

75.2.1 The course undertaken by the employee being a course relevant to the Corporation and/or the public service and approved by the Chief Executive Officer;

 

75.2.2 The time being taken at the convenience of the Corporation; and

 

75.2.3 Paid study time not exceeding a maximum of 4 hours per week, to accrue on the basis of half an hour for each hour of class attendance.

 

75.3    Study time may be granted to both full and part-time employees. Part-time employees however shall be entitled to a pro-rata allocation of study time to that of a full-time employee.

 

75.4    Study time may be used for:

 

75.4.1 Attending compulsory lectures, tutorials, residential schools, field days etc., where these are held during working hours; and/or

 

75.4.2 Necessary travel during working hours to attend lectures, tutorials etc., held during or outside working hours; and/or

 

75.4.3 Private study; and/or

 

75.4.4 Accumulation, subject to the conditions specified in subclauses 75.6 to 75.9 of this clause.

 

75.5    Employees requiring study time must nominate the type(s) of study time preferred at the time of application and prior to the proposed commencement of the academic period. The types of study time are as follows: -

 

75.5.1 Face-to-Face - Employees may elect to take weekly and/or accrued study time, subject to the provisions for its grant.

 

75.5.2 Correspondence - Employees may elect to take weekly and/or accrued study time, or time off to attend compulsory residential schools.

 

75.5.3 Accumulation - Employees may choose to accumulate part or all of their study time as provided in subclauses 75.6 to 75.9 of this clause.

 

75.6    Accumulated study time may be taken in any manner or at any time, subject to operational requirements of the Corporation.

 

75.7    Where at the commencement of an academic year/semester an employee elects to accrue study time and that employee has consequently foregone the opportunity of taking weekly study time, the accrued period of time off must be granted even if changed work circumstances mean absence from duty would be inconvenient.

 

75.8    Employees attempting courses which provide for annual examinations, may vary the election as to accrual, made at the commencement of an academic year, effective from 1st July in that year.

 

75.9    Where an employee is employed after the commencement of the academic year, weekly study time may be granted with the option of electing to accrue study time from 1st July in the year of entry on duty or from the next academic year, whichever is the sooner.

 

75.10  Employees studying in semester based courses may vary their election as to accrual or otherwise from semester to semester.

 

75.11  Correspondence Courses - Study time for employees studying by correspondence accrues on the basis of half an hour for each hour of lecture/tutorial attendance involved in the corresponding face-to-face course, up to a maximum grant of 4 hours per week. Where there is no corresponding face-to-face course, the training institution should be asked to indicate what the attendance requirements would be if such a course existed.

 

75.12  Correspondence students may elect to take weekly study time and/or may accrue study time and take such accrued time when required to attend compulsory residential schools.

 

75.13  Repeated subjects - Study time shall not be granted for repeated subjects.

 

75.14  Expendable grant - Study time if not taken at the nominated time shall be forfeited. If the inability to take study time occurs as a result of a genuine emergency at work, study time for that week may be granted on another day during the same week.

 

75.15  Examination Leave - Examination leave shall be granted as special leave for all courses of study approved in accordance with this clause.

 

75.16  The period granted as examination leave shall include:

 

75.16.1           Time actually involved in the examination;

 

75.16.2           Necessary travelling time, in addition to examination leave,

 

but is limited to a maximum of 5 days in any one year. Examination leave is not available where an examination is conducted within the normal class timetable during the term/semester and study time has been granted to the employee.

 

75.17  The examination leave shall be granted for deferred examinations and in respect of repeat studies.

 

75.18  Study Leave - Study leave for full-time study is granted to assist those employees who win scholarships/fellowships/awards or who wish to undertake full-time study and/or study tours. Study leave may be granted for studies at any level, including undergraduate study.

 

75.19  All employees are eligible to apply and no prior service requirements are necessary.

 

75.20  Study leave shall be granted without pay, except where the Chief Executive Officer approves financial assistance. The extent of financial assistance to be provided shall be determined by the Chief Executive Officer according to the relevance of the study to the workplace and may be granted up to the amount equal to full salary.

 

75.21  Where financial assistance is approved by the Chief Executive Officer for all or part of the study leave period, the period shall count as service for all purposes in the same proportion as the quantum of financial assistance bears to full salary of the employee.

 

75.22  Scholarships for Part-Time Study - In addition to the study time/study leave provisions under this clause, the Corporation may choose to identify courses or educational programmes of particular relevance or value and establish a Corporation scholarship to encourage participation in these courses or programmes. The conditions under which such scholarships are provided should be consistent with the provisions of this clause.

 

SECTION 8 - OVERTIME

 

76.  Overtime - General

 

76.1    An employee may be directed by the Chief Executive Officer to work overtime, provided it is reasonable for the employee to be required to do so. An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:

 

76.1.1 The employee’s prior commitments outside the workplace, particularly the employee’s family and carer responsibilities, community obligations or study arrangements,

 

76.1.2 Any risk to employee health and safety,

 

76.1.3 The urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services,

 

76.1.4 The notice (if any) given by the Chief Executive Officer regarding the working of the overtime, and by the employee of their intention to refuse overtime, or

 

76.1.5 Any other relevant matter.

 

76.2    Payment for overtime shall be made only where the employee works directed overtime.

 

76.3    Where a flexible working hours scheme is in operation, overtime shall be deemed as the hours directed to be worked before or after bandwidth or before or after the time specified in a local arrangement provided that, on the day when overtime is required to be performed, the employee shall not be required by the Chief Executive Officer to work more than 7 hours after finishing overtime or before commencing overtime.

 

76.4    Payment for overtime worked shall not be made under this clause if the employee is eligible, under any other industrial instrument, to:

 

76.4.1 Compensation specifically provided for overtime; or

 

76.4.2 Be paid an allowance for overtime; or

 

76.4.3 A rate of salary which has been determined as inclusive of overtime.

 

77.  Overtime Worked by Day Workers

 

77.1    The provisions of this clause shall not apply to:

 

77.1.1 Employees covered by formal local arrangements in respect of overtime negotiated between the Chief Executive Officer and the Association;

 

77.1.2 Employees to whom overtime provisions apply under another industrial instrument;

 

77.1.3 Employees whose salary includes compensation for overtime; and

 

77.1.4 Employees who receive an allowance in lieu of overtime.

 

77.2    Rates - Overtime shall be paid at the following rates:

 

77.2.1 Weekdays (Monday to Friday inclusive) - at the rate of time and one-half for the first two hours and at the rate of double time thereafter for all directed overtime worked outside the employee’s ordinary hours of duty, if working standard hours, or outside the bandwidth, if working under a flexible working hours scheme, unless local arrangements apply;

 

77.2.2 Saturday - All overtime worked on a Saturday at the rate of time and one-half for the first two hours and at the rate of double time thereafter;

 

77.2.3 Sundays - All overtime worked on a Sunday at the rate of double time;

 

77.2.4 Public Holidays - All overtime worked on a public holiday at the rate of double time and one half.

 

77.3    If an employee is absent from duty on any working day during any week in which overtime has been worked the time so lost may be deducted from the total amount of overtime worked during the week unless the employee has been granted leave of absence or the absence has been caused by circumstances beyond the employee’s control.

 

77.4    An employee who works overtime on a Saturday, Sunday or public holiday shall be paid a minimum payment as for three (3) hours work at the appropriate rate.

 

77.5    Rest Periods

 

77.5.1 An employee who works overtime shall be entitled to be absent until eight (8) consecutive hours have elapsed.

 

77.5.2 Where an employee, at the direction of the supervisor, resumes or continues work without having had eight (8) consecutive hours off duty then such employee shall be paid at the appropriate overtime rate until released from duty. The employee shall then be entitled to eight (8) consecutive hours off duty and shall be paid for the ordinary working time occurring during the absence.

 

78.  Overtime Meal Breaks

 

78.1    Employees not working flexible hours - An employee required to work overtime on weekdays for an hour and a half or more after the employee’s ordinary hours of duty on weekdays, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every five hours of overtime worked.

 

78.2    Employee working flexible hours - An employee required to work overtime on weekdays beyond 6.00 p.m. and until or beyond eight and a half hours after commencing duty plus the time taken for lunch, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every five hours of overtime worked.

 

78.3    Employees Generally - An employee required to work overtime on a Saturday, Sunday or Public Holiday, shall be allowed 30 minutes for a meal after every five hours of overtime worked. An employee who is unable to take a meal break and who works for more than five hours shall be given a meal break at the earliest opportunity.

 

79.  Overtime Meal Allowances

 

79.1    If an adequate meal is not provided by the Corporation, a meal allowance shall be paid by the Corporation at the appropriate rate specified in the prevailing ATO ruling, provided the Chief Executive Officer is satisfied that:

 

79.1.1 the time worked is directed overtime;

 

79.1.2 the employee properly and reasonably incurred expenditure in obtaining the meal in respect of which the allowance is sought;

 

79.1.3 where the employee was able to cease duty for at least 30 minutes before or during the working of overtime to take the meal, the employee did so; and

 

79.1.4 overtime is not being paid in respect of the time taken for a meal break.

 

79.2    Where an allowance payable under this clause is insufficient to reimburse the employee the cost of a meal, properly and reasonably incurred, the Chief Executive Officer shall approve payment of actual expenses.

 

79.3    Where a meal was not purchased, payment of a meal allowance shall not be made.

 

79.4    Receipts shall be provided to the Chief Executive Officer or his/her delegate in support of any claims for additional expenses or when the employee is required to substantiate the claim.

 

79.5    Notwithstanding the above provisions, nothing in this clause shall prevent the Chief Executive Officer and the Association from negotiating different meal provisions under a local arrangement.

 

80.  Rate of Payment for Overtime

 

An employee whose salary, or salary and allowance in the nature of salary, exceeds the maximum rate for Clerk Grade 8 (as set out in the Crown Employees (Public Sector - Salaries 2018) Award and any variation or replacement award), as varied from time to time, shall be paid for working directed overtime at the maximum rate for Clerk, Grade 8 plus $1.00, unless the Chief Executive Officer approves payment for directed overtime at the employee’s salary or, where applicable, salary and allowance in the nature of salary.

 

81.  Payment for Overtime or Leave in Lieu

 

81.1    the Chief Executive Officer shall grant compensation for directed overtime worked either by payment at the appropriate rate or, if the employee so elects, by the grant of leave in lieu in accordance with subclause 81.2 of this clause.

 

81.2    The following provisions shall apply to the leave in lieu: -

 

81.2.1 The employee shall advise the supervisor before the overtime is worked or as soon as practicable on completion of overtime, that the employee intends to take leave in lieu of payment.

 

81.2.2 The leave shall be calculated at the same rate as would have applied to the payment of overtime in terms of this clause.

 

81.2.3 The leave must be taken at the convenience of the Corporation, except when leave in lieu is being taken to look after a sick family member. In such cases, the conditions set out in clause 70, Sick Leave to Care for a Sick Family Member, of this award apply.

 

81.2.4 The leave shall be taken in multiples of a quarter day, unless debiting of leave in hours or in fractions of an hour has been approved in the employee’s Corporation or section;

 

81.2.5 Leave in lieu accrued in respect of overtime shall be given by the Corporation and taken by the employee within three months of accrual unless alternate local arrangements have been negotiated between the Chief Executive Officer and the Association.

 

81.2.6 An employee shall be paid for the balance of any overtime entitlement not taken as leave in lieu.

 

82.  Calculation of Overtime

 

82.1    Unless a minimum payment in terms of subclause 77.4 of clause 77, Overtime Worked by Day Workers, of this award applies, overtime shall not be paid if the total period of overtime worked is less than a quarter of an hour.

 

82.2    The formula for the calculation of overtime at ordinary rates for employees employed on a five (5) day basis shall be:

 

Annual Salary

x

5

x

1

1

 

260.89

 

No of ordinary hours of work per week

 

82.3    To determine time and one half, double time or double time and one half, the hourly rate at ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated to the nearest cent.

 

82.4    Overtime is not payable for time spent travelling.

 

83.  Provision of Transport in Conjunction with Working of Overtime

 

83.1    For the purpose of this clause, departure or arrival after 8.00 p.m. will determine whether the provisions of this clause apply.

 

Departure or arrival after 8.00 p.m. of an employee on overtime does not in itself warrant the provision of transport. It needs to be demonstrated that the normal means of transport, public or otherwise, is not reasonably available and/or that travel by such means of transport places the safety of the employee at risk.

 

The responsibility of deciding whether the provision of assistance with transport is warranted in the circumstances set out above rests with administrative units of Corporations where knowledge of each particular situation will enable appropriate judgements to be made.

 

83.2    Arrangement of Overtime

 

Where overtime is required to be performed, it should be arranged, as far as is reasonably possible, so that the employee can use public transport or other normal means of transport to and from work.

 

83.3    Provision of Taxis

 

Where an employee ceases overtime duty after 8.00 p.m. and public transport or other normal means of transport is not reasonably available, arrangements may be made for transport home or to be provided by way of taxi.

 

SECTION 9 - MISCELLANEOUS

 

84.  Anti-Discrimination

 

84.1    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.

 

84.2    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.

 

84.3    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.

 

84.4    Nothing in this clause is to be taken to affect:

 

84.4.1 Any conduct or act which is specifically exempted from anti-discrimination legislation;

 

84.4.2 Offering or providing junior rates of pay to persons under 21 years of age;

 

84.4.3 Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

84.4.4 A party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

84.5    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.

 

84.5.1 Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

84.5.2 Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

85.  Secure Employment

 

85.1    Objective of this Clause

 

The objective of this clause is for the Corporation to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the Corporation’s workforce, in particular by ensuring that any casual employees have an opportunity to elect to become full-time or part-time employees.

 

85.2    Casual Conversion

 

85.2.1 A casual employee engaged by the Corporation on a regular and systematic basis for a sequence of periods of employment under this award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

85.2.2 Where the Corporation employs such a casual employee, the Corporation shall give the employee notice in writing of the provisions of this subclause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the Corporation fails to comply with this notice requirement.

 

85.2.3 Any casual employee who has a right to elect under paragraph 85.2.1, upon receiving notice under paragraph 85.2.2 or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the Chief Executive Officer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the Chief Executive Officer shall consent to or refuse the election, but shall not unreasonably so refuse. Where the Chief Executive Officer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

85.2.4 Any casual employee who does not, within four weeks of receiving written notice from the Chief Executive Officer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

85.2.5 Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the Chief Executive Officer.

 

85.2.6 If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph 85.2.3, the Chief Executive Officer and employee shall, in accordance with this paragraph, and subject to paragraph 85.2.3, discuss and agree upon:

 

(a)       whether the employee will convert to full-time or part-time employment; and

 

(b)       if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the Chief Executive Officer and the employee.

 

85.2.7 Following an agreement being reached pursuant to paragraph 85.2.6, the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

85.2.8 An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

85.3    Work Health and Safety

 

85.3.1 For the purposes of this subclause, the following definitions shall 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 another employer for the purpose of such staff performing work or services for that other employer.

 

(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 another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

85.3.2 If the Corporation engages a labour hire business and/or a contract business to perform work wholly or partially on the Corporation’s premises shall 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 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.

 

85.3.3 Nothing in this subclause is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act 1998.

 

85.4    Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

85.5    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.

 

86.  Existing Entitlements

 

The provisions of this award shall not affect any entitlements existing in the Corporation or section of the Corporation at the time this award is made, if such provisions are better than the provisions contained in this award. Such entitlements are hereby expressly preserved until renegotiated with the Association.

 

87.  Area, Incidence and Duration

 

87.1    This award removes any doubt that the provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 published 2 October 2016 (380 I.G. 1292) and all variations thereof do not apply to the employees who are now covered under this award.

 

87.2    This award rescinds and replaces the Crown Employees (SAS Trustee Corporation) Award 2019 published on 25 October 2019 (385 I.G. 334) and all variations thereof from 1 July 2020 and shall remain in force until 30 June 2022.

 

88.  No Extra Claims

 

Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014, there shall be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the Employees covered by the Award that take effect prior to 30 June 2023 by a party to this Award.

 

PART B

 

Table 1:  Allowances of Part B - Monetary Rates of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009.

 

Item No.

Clause No.

Description

Amount FFPP 1.7.2022

Amount FFPP 1.7.2023

1

36.2

Exchanges

Actual cost

Actual cost

 

 

 

2.53%

4.00%

2

37.1

Room at home used as office

$1,006 pa

$1,046 pa

3

40.1

First aid allowance

Per annum

Per annum

 

 

- Holders of basic qualifications

$979

$1,018

 

 

- Holders of current occupational first aid certificate

$1,470

$1,529

 

Table 2 - Salary Rates

 

Clauses 3.14, 6 and 87.2

 

Grade

Salary rate from first full pay period on or after 1 July 2022 2.53%

$

Salary rate from first full pay period on or after 1 July 2023 4.00%

$

STC Grade 4

85,665

89,092

STC Grade 5

95,136

98,941

STC Grade 6

100,942

104,980

STC Grade 7

108,090

112,414

STC Grade 8

116,173

120,820

STC Grade 9

123,001

127,921

STC Grade 10

133,103

138,427

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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