Roads and Maritime Services (Traffic Signals Staff)
Award 2019
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Secretary, Department of Transport.
(Case No. 297741 of 2023)
|
Before Commissioner McDonald
|
30 November 2023
|
VARIATION
1. Delete
paragraph 5.4(e) of clause 5, Area Incidence and Duration, of the award
published 20 March 2020 (387 I.G. 271) and all variations thereof and replace
with the following:
(e) salaries will
increase by 4% from the first pay period commencing on or after 1 July 2023;
(f) allowance items
in part B table 2 will be increased in accordance with variations made via
Treasury Circulars and Schedule B amended as required.
2. Delete clause
6, No Extra Claims, and replace with the following:
6. No Extra Claims
6.1 Other than as
provided for in the Industrial Relations Act 1996, 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 2024 by a party to this Award.
6.2 Notwithstanding
subclause 6.1, the parties to this Award commit to further discussions, in good
faith, on claims made during the bargaining of this Award. Subclause 6.1 will
not prevent the parties from having these discussions.
6.3 The parties to this Award acknowledge that
the intention of subclause 6.2 is to facilitate discussions during the term of
the Award.
6.4 The terms of
subclause 6.1 do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing Award
provisions.
6.5 The
terms of subclause 6.1 do not prevent the parties from taking any proceedings
before the NSW Industrial Relations Commission with respect to the review of
classifications in Appendix B, and determining the rates of pay associated with
any proposed changes in those classifications. This subclause 6.5 will expire
on 30 June 2024.
6.6 Variations made with the agreement of the
parties are not prohibited by this clause.
3. Delete clause
7, Grievance Resolution and replace with the following:
7. Grievance Resolution
7.1 Grievance
resolution
(a) A grievance is
defined as a personal complaint or difficulty. A grievance may:
(i) relate to a
perceived denial of an entitlement
(ii) relate to a
perceived lack of training opportunities
(iii) involve a
suspected discrimination or harassment.
(b) RMS has
grievance resolution policy, guidelines and procedures which should be observed
when grievances arise because of this Award and can be found on the Transport
intranet.
(c) While the
policy, guidelines and procedures are being followed, normal work will
continue.
4. Insert after
subclause 12.7 of clause 12, Working Hours, the following new subclause:
12.18 On Call Allowance
(a) Employees are
paid an on-call allowance when directed to be on-call.
(b) When on-call
Employees are required:
(i) to be available
outside of ordinary working hours,
(ii) to respond to
an emergency/breakdown situation in a reasonable time agreed with the Employer,
and
(iii) to remain in a
fit state, unimpaired by the effects of alcohol or drugs.
(c) Employees who
are on-call are not required to remain at their permanent residence but must be
able to be contacted immediately.
(d) The rate of the
on-call allowance is set out at Item 19(a) of Schedule B.
(e) Employees who
are on-call are not entitled to a disturbance allowance.
(f) The provisions
of this clause do not apply where a Salaried Employee is already in receipt of
payment representing compensation for regularly being on standby or on-call,
which is paid as part of the Employee’s salary or as a separate allowance.
5. Delete
subclause 23.1 of clause 23. Public Holidays and replace with the following:
23.1 This section
covers the following gazetted public holidays:
(a) New Year’s Day
(b) Australia Day
(c) Good Friday
(d) Easter Saturday
(e) Easter Sunday
(f) Easter Monday
(g) Anzac Day
(h) Sovereign’s
Birthday
(i) Labour Day
(j) Christmas Day
(k) Boxing Day
(l) Proclaimed
state public holidays
6. Delete
subclause 29.4 of clause 29, Domestic and Family Violence and replace with the
following:
29.4 Leave
(a) Full time,
Part-Time, Temporary and Casual Employees experiencing domestic or family
violence will have access to 20 days paid leave for domestic and family
violence per calendar year to support the establishment of their safety and
recovery.
(b) 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:
(i) for
Employees other than a Casual Employee, the Employee had not taken the period
of leave, or;
(ii) for
a Casual Employee, the Employee had worked the hours in the period that the
employee was rostered.
(c) Domestic
and family violence leave will assist Employees to:
(i) attend
medical, counselling, case management, legal, police and other support services
relating to their experience of domestic and family violence,
(ii) organise
alternative care or education arrangements for their children,
(iii) attend
court and other legal proceedings relating to their experience of domestic and
family violence, allow time for the employee to seek alternate or safe
accommodation,
(iv) allow
time for the employee to seek alternate or safe accommodation, and
(v) undertake
other activities that will assist them to establish safety and recover from
their experience of domestic and family violence.
(d) 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.
(e) 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.
(f) 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.
(g) An
employee providing care and support may access their existing:
(i) Family
and Community Service leave when providing care and support to a Family Member
experiencing domestic or family violence.
(ii) 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.
7. Delete
paragraph 29.6(a) of clause 29, Domestic and Family Violence and replace with
the following:
(a) The Employer
recognises the importance of protecting the confidentiality of Employees
experiencing domestic or family violence and that a breach of confidentiality
may pose a risk to the safety of the Employee and others.
8. Delete section
29.6(b)(ii)B of clause 29, Domestic and Family and replace with the following:
B. leave accessed
for the purpose of domestic and family violence leave in accordance with this
clause.
9. Delete Part B,
Monetary Rates, and replace with the following:
PART B
MONETARY RATES
Table 1 - Salary Increases
|
Classification
|
Current Annual
Salary
|
Rates inclusive of
2.53%
|
Rates inclusive of
4%
|
|
ffppoa 1/7/2022
|
ffppoa 1/7/2023
|
|
($) pa
|
($) pa
|
($) pa
|
|
Grade 4
|
|
|
|
|
|
|
Year 1
|
73,669
|
75,533
|
78,554
|
|
|
Year 2
|
76,559
|
78,496
|
81,636
|
|
|
Year 3
|
79,567
|
81,580
|
84,843
|
|
Grade 5
|
|
|
|
|
|
|
Year 1
|
82,304
|
84,386
|
87,761
|
|
|
Year 2
|
84,960
|
87,109
|
90,593
|
|
|
Year 3
|
86,494
|
88,682
|
92,229
|
|
Grade 6
|
|
|
|
|
|
|
Year 1
|
88,393
|
90,629
|
94,254
|
|
|
Year 2
|
91,074
|
93,378
|
97,113
|
|
|
Year 3
|
94,057
|
96,437
|
100,294
|
|
Grade 7
|
|
|
|
|
|
Year 1
|
96,231
|
98,666
|
102,708
|
|
Year 2
|
99,721
|
102,244
|
106,334
|
|
Year 3
|
101,657
|
104,229
|
108,398
|
|
Grade 8
|
|
|
|
|
|
|
Year 1
|
105,590
|
108,261
|
112,591
|
|
|
Year 2
|
109,872
|
112,652
|
117,158
|
|
|
Year 3
|
113,305
|
116,172
|
120,819
|
Table 2 - Allowances and Expenses
* To be updated in accordance with the NSW Treasury
Circulars
|
Clause
|
Description
|
Current Rates
|
From
the first full pay period on or after
1
July 2023
Amount
$
|
|
12.18
|
On Call Allowance
|
|
$92
per day (Mon - Fri)
$136
per day (Sat, Sun & P. Hol)
|
|
21.1(a) & (c)
|
Meal on journeys that do not require Overnight
accommodation
|
|
|
|
Meal allowance
|
35.25
|
36.72*
|
|
21.2(a)
|
Meals on overtime
Meal allowance
|
31.95
|
33.25*
|
|
21.5(a)(ii)
|
Lodging and travelling allowances
Breakfast
Lunch
Evening meal
Incidentals
|
25.75
29.35
50.65
20.40
|
26.80*
30.60*
52.75*
20.40*
|
10. Delete the
heading "GLOSSARY OF TERMS" in APPENDIX B and insert
"CLASSIFICATIONS".
11. Delete APPENDIX C
- GRIEVANCE MANAGEMENT PROCEDURE in its entirety.
12. This variation
will take effect on and from 1 July 2023.
J. McDONALD, Commissioner
____________________
Printed by the
authority of the Industrial Registrar.