Roads and Maritime Services School Crossing Supervisors Award 2019

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Secretary, Department of Transport.

 

(Case No. 302287 of 2023)

 

 

VARIATION

 

1.        Insert after paragraph (c) of subclause 7.1 of clause 7, Payment of Wages, of the award published 20 March 2020 (387 I.G. 379) and reprinted 5 May 2023 (394 I.G. 504), the following new paragraph:

 

(d)      4.0% operative from the first full pay period on or after 1 July 2023.

 

2.        Delete subclause 8 .1 of clause 8, Superannuation and insert in lieu thereof the following:

 

8.1      RMS will contribute a proportion of each SCSs wage as determined by Commonwealth superannuation legislation into a superannuation fund nominated by each SCS. The superannuation proportion is 11% effective from 1 July 2023.

 

3.        Delete subclause 11.10 of clause 11, Leave and insert in lieu thereof the following:

 

11.10  Domestic and Family Violence

 

(a)       General Principle

 

The Employer recognises that Employees may experience domestic and family violence, and that this may have a significant impact on an Employee’s health, safety and wellbeing, both at home and in the workplace. The Employer is committed to taking steps to prevent domestic and family violence and supporting Employees who experience domestic and family violence in a manner that takes into account the impacts of the trauma experienced by the Employee and those supporting them.

 

(b)      Definition of Domestic and Family Violence

 

(i)       For the purposes of this Award, domestic and family violence includes any behaviour, in an intimate, family or domestic relationship, which is violent, threatening, coercive or controlling, and which causes a person to live in fear. It is usually manifested as part of a pattern of controlling or coercive behaviour.

 

(ii)      Domestic and family violence behaviours can include, but are not limited to:

 

A.        physical and sexual violence

 

B.        verbal abuse and threats

 

C.        emotional and psychological abuse

 

D.        financial abuse

 

E.        social isolation

 

F.        stalking

 

G.        intimidation

 

H.        technology facilitated abuse

 

I.         threats or actual harm to others, pets and/or property.

 

(iii)     An intimate relationship includes people who are or have been in an intimate partnership whether that relationship involves or has involved a sexual relationship or not.

 

(iv)     A family relationship includes people who are related to one another through blood, marriage, de facto partnerships, adoption and fostering relationships, and sibling or extended family and kinship relationships.

 

(c)       Principles of prevention and response

 

(i)       The Employer recognises that every Employee’s experience of domestic and family violence is unique. In providing support for, and minimising the risk to safety of, Employees experiencing domestic and family violence the Employer will:

 

A.        subject to subparagraph (c)(i) (B)respect the agency of the Employee as the decision maker in relation to the nature of the support they require (as outlined in subclause (e) or otherwise) and any associated communication about these supports;

 

B.        prioritise the safety of the Employee experiencing domestic and family violence, and other Employees, in the workplace;

 

C.        acknowledge that any actions taken by the Employer may impact Employees and their dependents’ safety at work and at home;

 

D.        recognise the Employee’s right to confidentiality, as outlined in subclause (f), except in instances where the safety of Employees (including other employees not directly experiencing domestic or family violence) must be prioritised;

 

E.        train identified Employees as contact officers to provide information and support to Employees experiencing domestic and family violence;

 

F.        provide Employees with training on domestic and family violence, with a specific focus on preventative steps and response in the workplace;

 

G.        ensure that Employees who are required to support Employees experiencing domestic and family violence are equipped to provide evidence based support, which acknowledges the impact of trauma, through the provision of training and other resources;

 

H.        clearly communicate to an Employee experiencing domestic and family violence any mandatory reporting obligations the Employer may have to comply with;

 

I.         acknowledge and take into account the Employee’s experience of domestic and family violence if an Employee’s attendance or performance at work is affected by domestic or family violence.

 

(ii)      The Employer recognises that there will be Employees who use domestic and family violence. In line with the Employer’s position against domestic and family violence the Employer may:

 

A.        support Employees to access evidence-based behaviour change supports

 

B.        approve any reasonable request for flexible work arrangements to facilitate the Employee seeking evidence-based behaviour change supports.

 

(iii)     The Employer may take disciplinary action against an Employee who has used domestic and family violence, up to and including termination of employment.

 

(d)      Leave

 

(i)       Paid domestic and family violence leave will be paid at the Employee’s full rate of pay: worked out in relation to the period as if:

 

A.        for Employees other than a Casual Employee, the Employee had not taken the period of leave, or;

 

B.        for a Casual Employee, the Employee had worked the hours in the period that the employee was rostered.

 

(ii)      Domestic and family violence leave will assist Employees to:

 

A.        Attend medical, counselling, case management, legal, police and other support services relating to their experience of domestic and family violence,

 

B.        organise alternative care or education arrangements for their children,

 

C.        attend court and other legal proceedings relating to their experience of domestic and family violence,

 

D.        allow time for the employee to seek alternate or safe accommodation, and

 

E.        undertake other activities that will assist them to establish safety and recover from their experience of domestic and family violence.

 

(iii)     Domestic and Family Violence leave will be in addition to existing leave entitlements and can be accessed without the need to exhaust other existing leave entitlements first. This leave will be non-cumulative and may be taken as part-days, single days or consecutive days.

 

(iv)     Given the emergency context in which this leave may need to be accessed, employees can proceed to take the leave and seek approval at a later date, as soon as practicable.

 

(v)       When assessing applications for Domestic and Family Violence leave, the Employer needs to be satisfied on reasonable grounds that domestic and family violence occurred.  The Employer may require evidence and should utilise discretion as to whether evidence, or what type of evidence is necessary to be provided and should only require evidence to support the application for domestic and family violence leave in exceptional circumstances.

 

(vi)     An employee providing care and support may access their existing:

 

A.        Family and Community Service leave when providing care and support to a Family Member experiencing domestic or family violence.

 

B.        Carers leave when providing care and support to a Family Member or a member of the Employees’ household. 

 

Care and support may include but is not limited to, accompanying them to legal proceedings, counselling or appointment with a medical or legal practitioner to assist them with relocation, caring for children or fulfilling other carer responsibilities to support the person experiencing domestic or family violence.

 

(e)       Workplace Domestic and Family Violence Support

 

(i)       To provide support to an Employee experiencing domestic and family violence, the Employer will approve any reasonable request from an Employee experiencing domestic and family violence for but not limited to:

 

A.        changes to their span or pattern of hours and/or shift patterns;

 

B.        job redesign or changes to duties;

 

C.        relocation to suitable employment with the Employer;

 

D.        a change to their telephone number and/or email address to avoid harassing contact;

 

E.        any other appropriate measure including those available under existing provisions for flexible work arrangements; and

 

F.        increased security measures in their workplace including entry and egress.

 

(ii)      Subject to the Employee being satisfied that safety has been established and the Employer also being satisfied, if an Employee has requested a reasonable change to their working arrangements in accordance with paragraph (e) (i), an Employer will not then unreasonably refuse a request from an Employee to maintain, change or remove these arrangements.

 

(iii)     The Employer will assist an Employee experiencing domestic or family violence with access to support and referral services and/or other local resources.

 

(f)       Protecting the confidentiality of Employees experiencing domestic or family violence

 

(i)       The Employer recognises the importance of protecting the confidentiality of Employees experiencing domestic or family violence and a breach of confidentiality may pose a risk to the safety of the Employee and others.

 

(ii)      to protect the confidentiality of an Employee experiencing domestic or family violence the Employer will:

 

(iii)     adopt a ‘needs to know’ approach to any communications regarding the Employee’s experience;

 

(iv)     not store or include any information about the following matters on the Employee’s personnel file or payslip:

 

A.        the Employees experience of domestic or family violence

 

B.        leave accessed for the purpose of domestic and family violence leave in accordance with this clause.

 

C.        support provided by the Employer (under clause (e) or otherwise).

 

(v)       Any information regarding an Employee’s experience of domestic or family violence, including any domestic and family violence leave or supports provided (under subclauses (d), (e) or otherwise), can only be accessed by Executive Director People and Culture Business Partnering.

 

(vi)     The Employee recognises that the Employer’s commitment to, and obligations regarding, confidentiality are subject to:

 

A.        any steps that the Employer must to take to ensure the safety of all Employees

 

B.        any mandatory reporting requirements.

 

(vii)    Where the Employer does need to disclose confidential information for the reasons outlined in paragraph (f) (vi), the Employer will make every reasonable effort to inform the Employee of this disclosure before it is made and support the employee to take practical steps to minimise an associated safety risks.

 

4.        Delete clause 24, No Extra Claims and insert in lieu thereof the following:

 

24.  No Extra Claims

 

24.1    Until 30 June 2024, there will be no extra wage claims, claims for improved conditions of employment or demands made with respect to the Employees covered by the Award by a party to this Award and, further, that no proceedings, claims or demands concerning wages or conditions of employment with respect to those Employees will be instituted before the IRC, by a party to this Award. 

 

24.2    Notwithstanding subclause 24.1, the parties to this Award commit to further discussions, in good faith, on industrial matters and future employment arrangements for employees covered by this Award. Subclause 24.1 will not prevent the parties from having these discussions.

 

24.3    The date of subclause 24.1 does not prevent the parties from taking any proceedings with respect to the interpretation, application or enforcement of Award provisions.

 

24.4    Variations made with the agreement of the parties are not prohibited by this clause.

 

5.        Delete the table in clause 25, Rates of Pay and insert in lieu thereof the following:

 

Category Refer to clause 7, Payment of Wages for the calculation of rates	2.04% Operative from the first full pay period on or after1 July 2021 ($/hr)	2.53% Operative from the first full pay period on or after 1 July 2022 ($/hr)	4.0% Operative from the first full pay period on or after 1 July 2023 ($/hr)
Base Rate (N)	24.6802	25.3046	26.3168
Permanent SCSs (P)	23.1377	23.7231	24.6720
Additional hours/training(A)	26.7369	27.4133	28.5099
Casual SCSs (C)	29.6162	30.3655	31.5802

 

6.        This variation will take effect from the first full pay period on or after 1 July 2023.

 

 

 

N. CONSTANT, Chief Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.