Local Government (State) Award 2023
AWARD REPRINT
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 the
latest date of effect therein mentioned.
K. JONES, Industrial Registrar
Schedule of Variations Incorporated
Variation Serial No.
|
Date of Publication
|
Effective Date
|
Industrial Gazette Reference
|
|
|
|
Volume
|
Page No.
|
C9785
|
1 December 2023
|
24
November 2023
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395
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1469
|
C9843
|
2 August 2024
|
1
July 2024
|
396
|
985
|
C9947
|
9 May 2025
|
1
July 2024
|
397
|
1402
|
AWARD
PART A
1. Arrangement
Clause No. Subject
Matter
17. Allowances, Additional Payments and
Expenses
14. Annualised
Salaries
4. Anti-Discrimination
35. Appointment and Promotion
47. Area, Incidence and Duration
1. Arrangement
28. Casual Employment
34. Consultative Committees
44. Council Agreements
5. Definitions
38. Disciplinary Procedures
24. Flexibility for Work and Family
Responsibilities
37. Grievance and Dispute Procedures
26. Health and Well Being
22. Holidays
20. Hours of Work
29. Job Share Employment
32. Junior and Trainee Employment
30. Labour Hire
23. Leave Provisions
46. Leave Reserved
18. Motor Vehicle Arrangements
31. Multiple Employment
21. Overtime
3. Participation in Industrial Relations
by Representative Bodies of Employees and Employers
27. Part-time Employment
12. Payment for Relief Duties/Work
13. Payment of Employees
11. Performance, Evaluation and Reward
25. Phased Retirement
7. Rates of Pay
19. Residence
10. Resourcing and Directing Employees
15. Salary Sacrifice
8. Salary System
45. Savings and Transitional
6. Skill Descriptors
2. Statement of Intent
16. Superannuation and Related Arrangements
36. Term Contracts
41. Termination of Employment
43. Termination of Employment and Redeployment
due to Redundancy
33. Training and Development
9. Use of Skills
39. Work Health and Safety
40. Workplace Bullying
42. Workplace Change
Part B
Monetary Rates
Table 1 -
Rates of Pay
Table 2 -
Allowances
Schedule
1 - Minimum Standards of Caravan Accommodation to be provided to employees
required to camp out
2. Statement of Intent
The parties to the Award are committed to co-operating
positively to increase the productivity, structural efficiency and financial
sustainability of Local Government and to provide employees with access to more
fulfilling, varied and better-paid work by providing measures to, for instance:
·
improve skill levels and establish skill-related career paths;
·
eliminate impediments to multi-skilling;
·
broaden the range of tasks which a worker may be required to perform;
·
achieve greater flexibility in workplace practices;
·
eliminate discrimination;
·
establish rates of pay and conditions that are fair and equitable;
·
work reasonable hours;
·
promote job security;
·
ensure and facilitate flexibility for work and family responsibilities;
·
ensure the delivery of quality services to the community and
continuous improvement;
·
encourage innovation;
·
promote cooperative and open change management processes; and
·
promote the health and safety of workers
and other people in the workplace.
3. Participation in Industrial Relations by
Representative Bodies of Employees and Employers
(i) Consistent with section 3(d) of the Industrial
Relations Act 1996 (NSW), the parties to the Award acknowledge the
importance of employees, employers, and the industrial organisations
that represent them (unions and employer organisations),
working together in a cooperative relationship.
(ii) The New South Wales Local Government, Clerical, Administrative,
Energy, Airlines & Utilities Union (trading as the United Services Union);
Local Government Engineers’ Association of New South Wales; the Development and
Environmental Professionals’ Association; and the Nurses’ and Midwives
Association of New South Wales, are the relevant unions who represent employees
covered by this Award.
(iii) Local Government NSW is the relevant employer organisation who represents employers covered by this
Award.
(iv) The parties agree to develop a joint video within 12 months of
the commencement of the Award, to assist employers and employees in achieving
the objects of section 3(d) of the Industrial Relations Act 1996
(NSW). Employers shall make the video
available to new employees.
4. Anti-Discrimination
(i) 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 (NSW) 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.
(ii) 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.
(iii) Under the Anti-Discrimination Act 1977 (NSW), 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.
(iv) Nothing in this clause is to be taken to affect:
(a) any
conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering
or providing junior rates of pay to persons under 21 years of age;
(c) any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination Act 1977 (NSW);
(d) a
party to this Award from pursuing matters of unlawful discrimination in any
State or federal jurisdiction.
(v) 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.
NOTE:
(a) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(b) Section
56(d) of the Anti-Discrimination Act 1977 (NSW) provides:
"Nothing
in the Act affects ... any other act or practice of a body established to
propagate religion that conforms to the doctrines of that religion or is
necessary to avoid injury to the religious susceptibilities of the adherents of
that religion."
5. Definitions
Unless otherwise provided in the
Award:
(i) Association means Local
Government NSW (LGNSW).
(ii) Council means a
Municipal, City, Shire, County Council or Council within NSW as defined in the Local Government Act 1993 (NSW). This definition shall be read subject
to the allocation of responsibilities as specified in the Local Government Act 1993 (NSW).
(iii) Competency based training refers to training concerned
with the attainment and demonstration of specified skills, knowledge and their
application to meet industry standards.
(iv) Complying superannuation fund has the same meaning as in
the Superannuation Industry (Supervision)
Act 1993 (Cth).
(v) Days
– unless otherwise specified, any reference to 'days' shall mean calendar
days.
(vi) Employer means all employers in local government or in
the local government industry within NSW that are covered by clause 47, Area,
Incidence and Duration of this Award.
(vii) General Manager shall mean a person appointed in
accordance with section 334 of the Local
Government Act 1993 (NSW) to discharge the duties and
responsibilities of the office of general manager as set out in section 335 of
the Local Government Act 1993 (NSW) and such other duties that
a council may delegate to the general manager. When carrying out these duties,
the general manager is acting on behalf of the council.
(viii) Ordinary Pay means remuneration for the employee's normal
weekly number of ordinary hours of work. Ordinary pay shall include, but not be
limited to the employee’s salary system rate of pay and the following penalties
and allowances where they are regularly received:
·
Saturday, Sunday and shift penalties
·
hours of work flexibility agreements
allowances
·
adverse working conditions allowances
·
climatic, west of the line allowances
·
civil liability allowance
·
tool allowances
·
on call allowance
·
first aid allowance
·
community language and signing work
allowances
provided
that
subject to the exclusions below and at clauses 12(ii), 23D(xi) and 23E(iii)(c),
an employee’s ordinary pay during periods of paid leave under this Award shall
not be more or less than what the employee would have received had the employee
not been on paid leave.
The following allowances shall be excluded from the
composition of ordinary pay:
·
overtime payments
·
camping allowance
·
travelling allowances
·
sewer chokes allowance
·
vehicle allowances
·
meal allowances.
(ix) Rostered Day Off means, a non-working day for full-time
employees pursuant to an arrangement of ordinary hours under clause 20A, where
the employee:
(a) within
two weeks, is granted four days off and one additional day off (the “rostered
day off”); or
(b) within
three weeks, is granted six days off and one additional day off (the “rostered
day off”); or
(c) within
four weeks, is granted eight days off and one additional day off (the “rostered
day off”).
(x) Salary
system rate of pay means the rate of pay that is payable to an employee in
accordance with the employer’s salary system.
(xi) Seven day a week rotating roster system means a work roster
system in which the employee is regularly required to work:
(a) ordinary
hours on each of the seven calendar days of the week; and
(b) ordinary
hours on at least one Saturday and one Sunday in every four, or in the case of
a seasonal worker an average of at least twelve Saturdays and twelve Sundays
during a twelve-month period; and
(c) on
Public Holidays; and
(d) at
different agreed commencement times during the roster period (i.e. different
shifts) provided that where, prior to the commencement of this Award, an
employee regularly worked according to a roster system that the employer
regarded as a seven day a week rotating roster system, and the employee
continues to work according to the same roster system, the roster system shall
be deemed to be a seven day a week rotating roster system for that employee.
(xii) Superannuation contributions means
all contributions to a complying superannuation fund, and includes (without
limitation) any superannuation contributions required to be made under the Superannuation Guarantee (Administration)
Act 1992 (Cth), and any additional superannuation contributions made
by way of salary sacrifice.
(xiii) Union means the New South Wales Local Government, Clerical,
Administrative, Energy, Airlines & Utilities Union (USU); the Local
Government Engineers’ Association of New South Wales (LGEA); the Development
and Environmental Professionals’ Association (depa);
and the Nurses’ and Midwives Association of New South Wales.
6. Skill Descriptors
The Award structure consists of
skill-based bands and levels that are defined according to the following skill
descriptors:
(i) Operational Band 1, Level 1
Authority
and accountability:
Completion of basic tasks with work closely monitored by the team leader or
supervisor.
Judgement
and problem solving: Judgement
is limited and coordinated by other workers.
Specialist
knowledge and skills: Specialist
knowledge and skills are obtained through on-the-job training and
employer-based induction training. Off-the-job training may lead to trade,
technical or professional qualifications.
Management
skills:
Not required.
Interpersonal
skills: Limited
to communications with other staff and possibly, with the public.
Qualifications
and experience: Completion
of School Certificate or the Higher School Certificate may be sought.
Completion of an appropriate labour market program or
similar short-term work/skills experience is desirable.
(ii) Operational Band 1, Level 2
Authority
and accountability: Responsible
for completion of basic tasks with individual guidance or in a team.
Judgement
and problem solving: Applies
standard procedures with normally few if any options in the application of
skills.
Specialist
knowledge and skills: Job
specific skills and knowledge would normally be gained through on-the-job
training and experience. Short courses may be completed at TAFE.
Management
skills:
Not required.
Interpersonal
skills: Frequent
communication with other staff and/or the public common but normally at a
routine level.
Qualifications
and experience: Incumbents
may have attended short courses in specific work areas or be undertaking a
technical college certificate as completion of structured training program in
work-related area.
(iii) Operational Band 1, Level 3
Authority and accountability: Responsible for completion of regularly occurring tasks with
general guidance on a daily basis.
Judgement and problem solving: Judgement is required to follow predetermined procedures where a
choice between more than two options are present.
Specialist knowledge and skills: Application of skills, including machine-operation skills,
following training "on the job" or accredited external training over a number of months.
Management skills: Some guidance/supervision may be required. May assist a
co-ordinator/trainer with on-the-job training.
Interpersonal skills: Skills required for exchange of information on straightforward
matters.
Qualifications and experience: Suitable experience or qualifications in a
number of defined skill areas.
(iv) Operational Band 1,
Level 4
Authority
and accountability: Responsible
for supervising staff in operational duties or for work requiring independence
in the application of skills, subject to routine supervision. Responsible for
quality of work function.
Judgement
and problem solving: Option
on how to approach tasks requires interpretation of problems and may involve
precise judgement in operational areas.
Specialist
knowledge and skills: The
number of work areas in which the position operates makes the work complicated
and a variety of skills are required in its completion. Position may require
competence in operation of complex machinery.
Management
skills: Supervisory
skills in the communication of instructions, training and the checking of work
may be required.
Interpersonal
skills: Skills
are required to convince and explain specific points of view or information to
others and to reconcile differences between parties.
Qualifications
and Experience: Experience
to adapt procedures to suit situations and a thorough knowledge of the most
complex operational work procedures to achieve work objectives.
(v) Administrative/Technical/Trades Band 2,
Level 1
Authority
and accountability: Responsible
for the completion of work requiring the application of trades, administrative
or technical skills.
Judgement
and problem solving: Skills
in assessing situations and in determining processes, tools and solutions to
problems. Guidance is available.
Specialist
knowledge and skills: Positions
will have demonstrated competence in a number of key
skill areas related to major elements of the job.
Management
skills: Positions
may require skills in the supervision or co-ordination of small groups.
Interpersonal
skills: Communication
skills to explain situations or advise others.
Qualifications
and experience: Appropriate
work-related trade, technical or administrative qualifications or specialist
skills training.
(vi) Administrative/Technical/Trades Band 2,
Level 2
Authority
and accountability: Responsibility
as a trainer/co-ordinator for the operation of a
small section which uses staff and other resources, or the position completes
tasks requiring specialised technical/administrative
skills.
Judgement
and problem solving: Skills
to solve problems which require assessment of options with freedom within
procedural limits in changing the way work is done or in the delegation of
work. Assistance may be readily available from others in solving problems.
Specialist
knowledge and skills: Positions
will have specialised knowledge in a
number of advanced skill areas relating to the more complex elements of
the job.
Management
skills: May
require skills in supervising a team of staff, to motivate and monitor
performance against work outcomes.
Interpersonal
skills: In
addition to interpersonal skills in managing others, the position may involve
explaining issues/policy to the public or others and reconcile different points
of view.
Qualifications
and experience: Thorough
working knowledge and experience of all work procedures for the application of
technical/trades or administrative skills, based upon suitable certificate or
post-certificate-level qualifications.
(vii) Administrative/Technical/Trades Band 2,
Level 3
Authority
and accountability: May
be responsible to provide a specialised/technical
service and to complete work which has some elements of complexity. Make
recommendations within the employer and represent the employer to the public or
other organisations.
Judgement
and problem solving: Problem
solving and judgements are made where there is a lack of definition requiring
analysis of a number of options. Typical judgements
may require variation of work priorities and approaches.
Specialist
knowledge and skills: Positions
have advanced knowledge and skills in a number of
areas where analysis of complex options is involved.
Management
skills: May
supervise groups of operational and/or other administrative/trades/technical
employees. Employees supervised may be in a number of
different work areas, requiring motivation, monitoring and co-ordination to
achieve specific outputs.
Interpersonal
skills: Skills
to communicate with subordinate staff and the public and/or
negotiation/persuasive skills to resolve disputes with staff or the public.
Qualifications
and experience: An
advanced certificate, associate diploma, appropriate in-house training or
equivalent combined with extensive experience in the application of skills in
the most complex areas of the job.
(viii) Professional/Specialist Band 3, Level 1
Authority
and accountability: Provides
specialised/technical services to complete
assignments or projects in consultation with other professional staff. May work
with a team of technical or administrative employees requiring the review and
approval of more complex elements of the work performed by others.
Judgement
and problem solving: Problems
require assessment of a range of options having elements of complexity in
reaching decisions and making recommendations. Precedent is available from
sources within the employer, and assistance is usually available from other
professional/specialist staff in the work area.
Specialist
knowledge and skills: Positions
require considerable knowledge in a specific area with a sufficient level of
skills and knowledge to resolve issues having elements of complexity that may
not be clearly defined.
Management
skills: Positions
at this entry level to the Professional/Specialist Band are not required to
possess management skills.
Interpersonal
skills: Persuasive
skills are required to participate in technical discussions to resolve
problems, explain policy and reconcile viewpoints.
Qualifications
and experience: Professional/specialist
positions require professional qualifications to apply theoretical knowledge to
practical situations.
(ix) Professional/Specialist Band 3, Level 2
Authority
and accountability: Provides
a specialised/technical service in the completion of
work and/or projects which have elements of complexity (composed of many parts
that may be more conceptual than definite).
Judgement
and problem solving: Positions
require the interpretation of information and development of suitable
procedures to achieve agreed outcomes. Problem solving and decision making
require analysis of data to reach decisions and/or determine progress.
Specialist
knowledge and skills: Experience
in the application of technical concepts and practices requiring additional
training are required at this level.
Management
skills: May
manage a number of projects involving people and other
resources requiring project control and monitoring as well as motivation and
co-ordination skills.
Interpersonal
skills: Interpersonal
skills in leading and motivating staff in different teams/locations may be
required, as well as persuasive skills to resolve problems or provide specialised advice.
Qualifications
and experience: Positions
at this level would have supplemented base level professional qualifications
with additional skills training. Considerable practical experience or skills
training would be required to effectively control key elements of the job.
(x) Professional/Specialist Band 3, Level 3
Authority
and accountability: Provides
a professional advisory role to people within or outside the employer. Such
advice may commit the employer and have significant impact upon external
parties dealing with the employer. The position may manage several major
projects or sections within a department of the employer.
Judgement
and problem solving: Positions
have a high level of independence in solving problems and using judgement.
Problems can be multi-faceted requiring detailed analysis of available options
to solve operational, technical or service problems.
Specialist
knowledge and skills: The
skills and knowledge to resolve problems where a number of
complex alternatives need to be addressed.
Management
skills: May
be required to manage staff, resolve operational problems and participate in a
management team to resolve key problems.
Interpersonal
skills: Interpersonal
skills in leading and motivating staff may be required. Persuasive skills are
used in seeking agreement and discussing issues to resolve problems with people
at all levels. Communication skills are required to enable provision of key
advice both within and outside the employer and to liaise with external bodies.
Qualifications
and experience: Tertiary
qualifications combined with a high level of practical experience and an
in-depth knowledge of work.
(xi) Professional/Specialist Band 3, Level 4
Authority
and accountability: Accountable
for the effective management of major sections or projects within their area of
expertise. As a specialist, advice would be provided to executive level and to
the employer on major areas of policy or on key issues of significance to the organisation. The position's influence would have an
important role in the overall performance of the function.
Judgement
and problem solving: Positions
would determine the framework for problem solving or set strategic plans with
minimal review by senior management. At this level, the position may represent
senior management or the employer in the resolution of problems. The oversight
of problem solving and assessment of the quality of judgements made by less
qualified staff will apply at this level.
Specialist
knowledge and skills: Positions
require knowledge and skills for the direction and control of a key function of
the employer or major functions within a department. Positions require expert
knowledge and skills involving elements of creativity and innovation in
addressing and resolving major issues.
Management
skills: Positions
may direct professional or other staff in the planning, implementation and
review of major programs, as well as participating as a key member of a
functional team.
Interpersonal
skills: Interpersonal
skills in leading and motivating staff will be required at this level.
Positions require the ability to negotiate on important matters with a high
degree of independence. Positions are required to liaise with the public and
external groups and organisations.
Qualifications
and experience: Specialist
tertiary qualifications in an appropriate field of study combined with
extensive practical experience in all relevant areas in order
to plan, develop and control major elements of work.
(xii) Executive Band 4
Authority
and accountability: Accountable
for the direction and control of the employer or a department or the like. Influence
and commit the employer or a department or the like to long-term strategic
directions. Lead policy development and implementation.
Judgement
and problem solving: Positions
solve problems through analytic reasoning and integration of wide-ranging and
complex information, and have a high level of
independence in determining direction and approach to issues.
Specialist
knowledge and skills: The
position requires the application of a range of specialist knowledge and
skills, including relevant legislation and policies and other areas of
precedent. Ability to provide authoritative advice to the employer.
Management
skills: Application
of corporate management skills in a diverse organisation
to establish goals and objectives. Manage and control staff, budgets and work
programs or major projects of the employer or a department or the like utilising leadership, evaluation and monitoring skills to
facilitate achievement of objectives. Ability to generate innovative approaches
to more effectively deploy resources, meet changing circumstances and improve
service to the employer's clients.
Interpersonal
skills: Positions
use persuasive skills with external parties on major items of critical
importance to the employer. They motivate managers and staff at all levels by
leading and influencing others to achieve complex objectives. They influence
the development of the employer.
Qualifications
and experience: Positions
will have a relevant degree or equivalent and management experience, combined
with accredited management qualifications.
7. Rates of Pay
(i) The
rates of pay are established for positions with the skills descriptors as
defined in Clause 6, Skill Descriptors of this Award, are set out in Table 1 of
Part B of this Award and are entry level rates of pay only.
(ii) The employer shall
introduce a salary system to complement the skills-based structure and rates of
pay of the Award.
Note:
·
The Award establishes minimum rates
of pay at an Industry level.
·
The employer’s salary system establishes
minimum rates of pay at an enterprise level
8. Salary System
(i) A salary system determines how employees
are paid. An employee shall be paid the salary system rate of pay that recognises the skills the employee is required to apply on
the job.
(ii) The salary system shall have a structure that complements the
entry level rates of pay and skill descriptors in the Award by identifying
grades. Each grade shall contain a number of salary
points/steps for progression that are over and above the entry level rates of
pay.
(iii) Positions shall be assigned a salary grade(s) within the
structure. A position may extend across more than one grade in the employer's salary
system or level as prescribed by Clause 6 Skills Descriptors of this Award.
(iv) Progression through the salary system shall be based upon:
(a) the
acquisition and use of skills; or
(b) employee
performance, provided that progression beyond the
award entry level based upon the acquisition and use of skills is also
available.
(v) Where
skills based progression is not reasonably available
within the salary range for the position, employees shall have access to
progression based on the achievement of performance objectives relating to the
position. Such performance objectives shall be set in consultation with the
employee(s).
(vi) Subject to subclauses (iv) and (v), skills for progression
relevant to the position shall be assigned to each salary point/step within the
grade, or set at the annual assessment provided that
such criteria shall provide an opportunity to progress through the salary
system.
(vii) Except where otherwise provided, employees shall be assessed for
progression through the salary range for their position at least annually or
when they are required to use skills that would entitle them to progress in the
salary system.
(viii) The employer shall not be required to conduct annual assessments
for those employees who have progressed through the salary system to the
maximum point/step for their position, provided that if an employee on or above
the maximum point/step for their position requests an annual assessment in
writing, the employer will provide one.
(ix) At the time of assessment, the employer shall advise the
employee of the relevant skills and/or reasonably achievable performance
objectives required for the employee to progress to the next salary point/step
and shall review the employee's training needs consistent with clause 33.
(x) The
salary system shall include a process by which employees can appeal against
their assessment.
(xi) Employees shall have access to information regarding the grade,
salary range and progression steps of the position.
(xii) Where the employer changes its salary system, employees shall not
suffer a reduction in pay or salary range. Further, employees shall not suffer
a reduction in progression steps based on the acquisition and use of skill,
unless otherwise agreed.
9. Use of Skills
(i) The parties are committed to improving
skill levels and removing impediments to multi skilling and broadening the
range of tasks that the employee is required to perform.
(ii)
(a) The
skills paid for shall not be limited to those prescribed by the job description
and may, where appropriate, include skills possessed by the individual which
are required by the employer to be used as an adjunct to the employee's normal
duties.
(b) Subject
to subclauses (xii) and (xiii) of Clause 17, Allowances, Additional Payments
and Expenses, employees who are required by the employer to use such additional
skill(s) in the performance of their duties shall have the use of these
skill(s) considered in the evaluation of the position.
10. Resourcing
and Directing Employees
(i) The employer
may direct the employee to carry out such duties that are within the limits of
the employee's skill, competence and training.
(ii) The employer shall provide adequate staff
and other resources to enable employees to carry out their duties and functions
over the course of working hours that are not unreasonable.
11. Performance Evaluation and Reward
A.
ENTERPRISE
(i) It is the intention of the parties to
create a flexible award in which employers can increase the overall efficiency
and effectiveness of local government services.
(ii) Employers should consider the development of enterprise key
performance indicators which are specific to local needs.
(iii) Where the employer develops enterprise key performance
indicators regard shall be had to the following:
(a) measurement
of the manner and process by which services are provided;
(b) measurement
of both qualitative and quantitative aspects of service provision e.g.
community satisfaction, timeliness, service quality, output and cost data.
(iv) Employers shall discuss enterprise key performance indicators
relating to human resources activities and/or job redesign with the
consultative committee.
(v) Employee(s)
or the employer may seek assistance from the appropriate union or Association
in developing and implementing enterprise key performance indicators.
B.
INDIVIDUAL/TEAM
(i) Enterprise key performance indicators
may be used to develop performance targets for teams or individual employees.
(ii) All employees need to know and have confirmed the role,
accountabilities and performance standards that are expected of them. Role
clarity, acceptance of goals and regular feedback are essential to effective
performance. A key aim should be to provide a means of recognising
and rewarding high performance and to provide an early assessment and response
to substandard performance. A review system also provides a basis for
identifying development needs for individuals, and can
be used as an important input to promotion decisions.
(iii) This Award recognises that all
employees shall have on-going feedback about performance. The performance
development process can be simplified to three stages:
(1) joint
development on objectives and performance standards;
(2) progress
reviews; and
(3) a
formal performance review which is followed by decisions and outcomes.
C.
BONUS AND ADDITIONAL PERFORMANCE PAYMENTS
(i) Employers may make available access to
bonus payments or other opportunities for additional reward for employees.
(ii) Where a salary system provides for the payment of a performance
component separate from a skills component, variations to payments under the
performance component shall not affect payments under the skills component.
12. Payment for Relief Duties/Work
(i) An employee required by the employer to
relieve in a position which is at a higher level within the salary system shall
be paid for that relief. The
rate to be paid shall be determined by considering the skills/experience
applied by the employee relieving in the position but shall be at least the
minimum rate for that position in accordance with the salary system except
where the higher level skills have been taken into
account within the salary of the relieving employee.
(ii) Payment for use of skills relieving in a higher paid position
shall be made for the time actually spent relieving in
the higher position and is not payable when the relieving employee is absent on
paid leave or an award holiday. An employee on annual leave or long service
leave may be entitled to a higher rate of
pay in accordance with the provisions of subclauses 23D(xi) and 23E(iii)(c) of this Award.
(iii) An award employee who is required to relieve in a senior staff
position, so designated under the Local
Government Act 1993 (NSW), shall be paid an appropriate
rate of pay commensurate with the duties and responsibilities of the relief
work undertaken.
13. Payment of Employees
(i) Employees shall be paid either weekly or
fortnightly, or any other period by agreement, on a fixed regular pay day.
(ii) The employer shall fix a regular payday, between Monday and
Friday inclusive. The employer may alter the payday if there is prior agreement
with the employees affected and the employees shall not unreasonably withhold
their agreement.
(iii) Payment shall be by cash, cheque or direct credit to the
employee's nominated account.
(iv) The employer shall deduct and pay on behalf of the employee from
any remuneration payable to the employee union membership fees where authorised by the employee
in writing. The employer can deduct and pay on behalf of the employee from any
remuneration payable to the employee such other amounts as the employee authorises in writing.
(v) An
employee’s ordinary pay shall not be reduced when the employee is prevented from attending work due
to bushfire or other climatic circumstances beyond their control, provided that
this subclause shall not apply if:
·
alternative duties are available that the
employee can usefully perform, or
·
the bushfire or other climatic
circumstance occurred outside of the State of New South Wales, or
·
the employee has been unable to attend
work for more than one week per bushfire or other climatic circumstance
event. The employee may, in exceptional
circumstances, apply to the employer for paid special leave and such request
shall not be unreasonably refused.
(vi) Where an employee takes a period of sick
leave and subsequently becomes entitled to the payment of workers compensation
for the same period but at a lesser amount than the sick leave already paid,
the employer shall be entitled to deduct from the employee’s remuneration the
difference between the sick leave payment and the workers’ compensation
payment.
Note: In
accordance with section 129(1)(a) of the Industrial
Relations Act 1996 (NSW) and regulation 10 of the Industrial Relations (General) Regulation
2015 (NSW) an employer must
keep daily records of the remuneration paid and the hours worked by
employees. This includes:
·
the number of
hours worked by an employee during each day; and
·
the times of
starting and ceasing work each day.
14. Annualised Salaries
(i) Annual salary instead of
award provisions
Notwithstanding any other provision of this Award,
the employer and an employee may agree that the employer may pay the employee
an annual salary in satisfaction of any or all payments arising under the
following provisions of the Award:
(a) Rates of Pay – clause 7;
(b) Use of Skills – clause 9;
(c) Performance Evaluation and Reward –
clause 11
(d) Payment for Relief Duties/Work – clause
12
(e) Salary Sacrifice – clause 15
(f) Allowances, Additional Payments and
Expenses – clause 17
(g) Residence – clause 19
(h) Hours of Work – clause 20
(i) Overtime –
clause 21
(j) Holidays – clause 22
(ii) Annual salary not to disadvantage
employees
(a) The annual salary must be no less than
the amount the employee would have received under this Award for the work
performed over the year for which the salary is paid (or if the employment
ceases earlier over such lesser period as has been worked).
(b) The annual salary of the employee must be
reviewed by the employer at least annually to ensure that the compensation is
appropriate having regard to the award provisions which are satisfied by the
payment of the annual salary.
(c) Employees shall not be denied the
opportunity to apply for new or vacant positions as a result
of the operation of this clause.
(iii) An annual salary agreement must:
(a) be in writing and signed by both parties;
(b) state the date on which the arrangement commences;
(c) be provided to the employee;
(d) contain a provision that the employee
will receive no less under the arrangement than the employee would have been
entitled to if all award obligations had been met, taking account of the value
of the provision of matters not comprehended by the award such as private use
of an employer provided motor vehicle;
(e) be subject to an annual review;
(f) contain details of any salary package
arrangements, including the annual salary that is payable;
(g) contain details of any other non-salary
benefits provided to the employee such as an employer provided motor vehicle;
(h) contain details of any performance pay
arrangements and performance measurement indicators;
(i) contain the
salary for the purposes of accident make up pay (if applicable); and
(j) contain the award band and level for the
role.
(iv) An annual salary agreement may be
terminated:
(a) by the employer or the employee giving
four weeks’ notice of termination, in writing, to the other party and the
agreement ceasing to operate at the end of the notice period; or
(b) at any time, by written agreement between
the employer and the employee.
(v) On termination of an annual salary
agreement, the employee will revert to the Award entitlements unless a new
annual salary agreement is reached.
(vi) Notwithstanding the above, annualised salary arrangements entered
into prior to 1 July 2014 may continue to operate in accordance with
their terms.
15. Salary Sacrifice
(i) The employer and an employee may agree
to enter into a salary sacrifice arrangement, which
allows an employee to receive a part of their pre-tax salary as a benefit
rather than salary. Such agreement shall not unreasonably be withheld.
(ii) Benefits that may be salary sacrificed include, but shall not
be limited to, child care facilities operated by the employer on its premises;
and additional superannuation and motor vehicles supplied by the employer under
lease back arrangements where the amount to be salary sacrificed for leaseback
of the employer’s motor vehicle is that part of the lease back fee that exceeds
the employer’s fringe benefit tax liability.
(iii) The value of the benefits shall be agreed between the employer
and employee and shall include fringe benefits tax where applicable.
(iv)
(a) The
salary sacrifice arrangement, including the benefits to be salary sacrificed and
their value including fringe benefit(s) tax, shall be in writing and signed by
both the employer and the employee.
(b) The
employee may request in writing to change the benefits to be salary sacrificed
once each year and the employer shall not unreasonably refuse the request.
(v) The
employee’s gross pay is their pre-tax ordinary pay less the values of the
salary sacrifice benefit including fringe benefit(s) tax.
(vi) The value of a salary sacrifice benefit and applicable fringe
benefit tax, shall be treated as an approved benefit for superannuation
purposes and shall not reduce the employee’s salary for employer contributions.
(vii) The value of salary sacrifice benefits and applicable fringe
benefits tax shall be ordinary pay for calculating overtime and termination
payments.
(viii) The employee is responsible for seeking appropriate financial
advice when entering into any arrangement under this
clause.
(ix)
(a) The
employer will ensure that the salary sacrifice arrangement complies with
taxation and other relevant laws.
(b) The
employer has the right to vary and/or withdraw from offering salary sacrifice
to employees with appropriate notice if there is any alteration to relevant
legislation that is detrimental to salary sacrifice arrangements.
(x) A
salary sacrifice arrangement shall cease on the day of termination of
employment.
(xi) A salary sacrifice arrangement shall be suspended during periods
of leave without pay.
(xii) The employer may maintain and/or enter into
other salary sacrifice arrangements with employees.
16. Superannuation and Related Arrangements
(i) Superannuation Fund Contributions
(a) Subject
to the provisions of the Industrial Relations Act 1996 (NSW), the
employer shall make superannuation contributions to Vision Super and not to any
other superannuation fund.
Note: Under
the Superannuation Guarantee (Administration) Act 1992 (Cth) superannuation guarantee contributions (SGC) for
eligible employees are due every quarter, and if the minimum contributions are
not paid by the due date, the employer must pay a superannuation guarantee
charge and lodge a superannuation guarantee charge statement. SGC payments can
be made more frequently.
(ii) Salary Sacrifice Arrangements specific to Superannuation
(a) For
the purposes of this subclause:
i. Eligible employee means an employee with
at least five (5) years continuous service with the employer who has an accrued
entitlement to long service leave under the Award that is in
excess of the long service leave entitlement that the employee would
have accrued if covered by section 4 of the Long
Service Leave Act 1955
(NSW). For the purpose of this subclause, long service
leave is deemed to accrue under the LSL Act at the rate of 0.867 weeks per year
of service.
ii. Excess LSL means the long service leave
that an employee has accrued under the Award that is in
excess of the long service leave that the employee would have accrued if
covered by section 4 of the Long Service
Leave Act 1955 (NSW).
iii. LSL means Long
Service Leave.
iv. LSL Act means the Long Service Leave Act 1955
(NSW).
v. Ordinary Time Earnings has the same meaning
as in section 6(1) of the Superannuation
Guarantee (Administration) Act 1992
(Cth).
vi. Superannuation
Fund means the Vision Super Fund.
(b) Subject
to this clause, eligible employees may, with the consent of the employer, cash
out some or all of their Excess LSL.
(c) Any
Excess LSL cashed out in accordance with this clause shall be paid to the
employee at the employee’s ordinary pay.
Example: A full-time employee with 10
years’ continuous service with the employer accrues 13 weeks LSL under the
Award, whereas they would have only accrued 8 weeks LSL if covered by s4 of the
LSL Act. After 10 years’ service, the employee would have up to 5 weeks Excess
LSL which may, with the consent of the employer, be cashed out.
(d) Eligible
employees who have Excess LSL cashed out under this clause must enter into a Salary Sacrifice Arrangement for the equivalent
amount to be paid into the Superannuation Fund as Ordinary Time Earnings,
unless the employee has reached their concessional contribution cap.
(e) Notwithstanding
clause 15(vi) of the Award, any Salary Sacrifice Arrangement made under this
clause shall not be treated as an approved benefit for superannuation purposes.
17. Allowances, Additional Payments and Expenses
(i) Level
1 Adverse Working Conditions Allowance
(a) A
level 1 adverse working conditions allowance in addition to the salary system
rate of pay shall be payable to designated employees to compensate for the
special disabilities associated with working outdoors and/or for moderately
obnoxious, offensive or dirty working conditions.
(b) The
level 1 adverse working conditions allowance shall be paid at the rate set out
in Table 2 of Part B of this Award and shall be paid for all purposes of the
Award but shall not attract any penalty.
(c) All
employees in Levels 2, 3 and 4 of the Operational Band 1 and employees engaged
in the gardening, building, metal and mechanical trades of the
Administrative/Technical/Trades Band 2 shall be paid the level 1 adverse
working conditions allowance for all hours worked, excepting staff engaged in
the following functions:
·
Administration
·
Civic Centre, Recreation and Theatre
·
Community Services
·
Finance
·
Garbage, Sanitary and Sullage
·
Managing Saleyards
·
Noxious Plant Inspection
·
Ordinance Control
·
Public Relations
·
Supervising in Band 2
·
Technical Services
·
Works Supervisor
(d)
(1) Designated
employees in Operational Band 1 and Administrative / Technical / Trades Band 2
who do not qualify for the allowances at subclauses 17(i)(c)
and 17(ii)(a) shall be paid the level 1 adverse working conditions allowance
for the actual time worked by direction performing the following work, with a
minimum payment of one (1) hour per day on which the work is performed:
·
Childcare employees – whilst changing
nappies
·
Employees whose duties involve animal
destruction – whilst destroying companion animals and/or manual handling the
remains or faeces of such companion animals. For the
purpose of this subclause, companion animals means
cats and dogs.
(2) The
employer may make an average payment equivalent to an agreed number of hours
per week where the employee is regularly required to perform such work.
(ii) Level 2 Adverse Working Conditions Allowance
(a) All
employees classified in Operational Band 1 of this Award, who are employed in
garbage, sanitary and sullage collection work or engaged at garbage tips, in
street sweeping and in cleaning offensive materials from gutters or storm water
drains, shall in addition to their salary system rate of pay, be paid a level 2
adverse working conditions allowance at the rate set out in Table 2 of Part B
of this Award. This allowance shall be paid for all purposes of the Award but
shall not attract any penalty.
(b) The
level 2 adverse working conditions allowance is to compensate for the special
disabilities associated with the hours worked and the offensive, filthy and
obnoxious nature of duties performed by employees engaged in this work.
(iii) Sewer Chokes
The
sewer choke allowance is to compensate for the highly obnoxious working
conditions associated with the clearing of blockages in live sewers, which
typically includes:
(a) the
clearing of blockages in sewer mains (of any diameter) carrying raw or
partially treated sewerage to sewerage treatment plants, often in circumstances
where direct contact with the raw sewerage is unavoidable; and
(b) the
clearing of blockages in other parts of the sewerage system where disassembly
is required and direct contact with raw sewerage is unavoidable.
Employees
clearing sewer chokages and/or other parts of the
sewerage system as provided above shall be paid a sewer choke allowance at the
rate set out in Table 2 of Part B of this Award whilst so engaged.
For
the purposes of this subclause, a live
sewer shall mean part of a sewerage system that transports raw or partially
treated sewerage from a building to a septic tank or sewerage treatment works,
typically at or below ground surface level.
For
the purposes of this subclause, a sewer choke shall mean a partial or
total blockage that may result in a spill to the external environment from the
sewer system.
The
sewer choke allowance is paid per shift, including overtime shifts which are
not continuous with an ordinary shift.
The
sewer choke allowance shall not be paid in addition to the septic tanks
allowance at subclause 17(iv) or sewerage treatment works allowance at
subclause 17(v) of this Award.
(iv) Septic Tanks
Employees
shall be paid treble rates their salary system rate of pay for all time
occupied on work in connection with the cleaning of septic tanks, and/or septic
closets and/or chemical closets by other than mechanical means. Payments made
in accordance with this subclause shall be in substitution of overtime rates
and any other penalty.
(v) Sewerage
Treatment Works
Employees
required during their ordinary hours of work to enter and clean or enter and
maintain digestion tanks at sewerage treatment works, aeration ponds or wet
wells at sewer pump stations, where direct contact with raw sewerage is
unavoidable, shall be paid at the rate of double their salary system rate of
pay for all time worked. Payments made in accordance with this subclause shall
be in substitution of overtime rates and any other penalty.
(vi) Employee Providing Tools
(a) Where
the employee and the employer agree that the employee shall supply their own
tools, a tool allowance shall be paid as follows:
|
PER WEEK $
|
Bricklayer
|
Table 2 of Part B
|
Carpenter
and Plumber
|
Table 2 of Part B
|
Metals and
Mechanical Trades
|
Table 2 of Part B
|
Painter and
Signwriter
|
Table 2 of Part B
|
Plasterer
|
Table 2 of Part B
|
(b) Complete
Tool Kits - allowances paid to employees in accordance with this clause shall be
deemed to apply in respect of a full range of tools ordinarily used in carrying
out the trade, occupation, duties and functions.
(c) Special
Purpose Tools - allowances prescribed by this clause shall not cover tools
required for special uses or purposes outside of the ordinary trade functions
of the employee's classification.
(d) Compensation
of Tools - The employer shall reimburse the employee to a maximum per annum as
set out in Table 2 of Part B for loss of tools by breaking and entering whilst
securely stored at the employer’s premises or on the job site or if the tools
are lost or stolen while being transported by the employee at the employer’s
direction, or if the tools are stolen during an employee's absence after
leaving the job because of injury or illness. Provided that an employee
transporting their own tools shall take all reasonable care to protect those
tools and prevent theft or loss.
(e) Provided
for the purposes of this clause:
(1) Only
tools used by the employee in the course of their employment shall be covered
by this clause;
(2) The
employee shall, if requested to do so, furnish the employer with a list of
tools so used;
(3) Reimbursement
shall be at the current replacement value of new tools of the same or
comparable quality;
(4) The
employee shall report any theft to the police prior to making a claim on the
employer for replacement of stolen tools.
(vii) Telephone
Where
an employee and the employer agree that a fixed line telephone installed at the
employee's residence can be used as a means of communication to such employee
and there is no reliable and accessible mobile network telephone coverage at
the residence, the employer shall reimburse the employee the annual rental of
such fixed line telephone and for the actual charge made for all outward calls
made on the employer’s behalf.
(viii) Expenses
All
reasonable expenses, including out-of-pocket, accommodation, travelling and
communication expenses, incurred in connection with the employee's duties shall
be paid by the employer and, where practicable shall be included in the next
pay period. The method and mode of travelling or the vehicle to be supplied or
to be used shall be arranged mutually between the employer and the employee.
Travelling, accommodation and communication arrangements shall be agreed
between the employer and the employee.
(ix) Certificates, Licences and other Approvals
(a) Where
an employee in Operational Band 1 or Administrative/Technical Trades Band 2 of
the Award is required by the employer to hold a WorkCover
NSW approved certificate or licence the employer
shall reimburse the employee for the cost of such certificate or licence.
(b) Where
an employee in Operational Band 1 or Administrative/Technical Trades Band 2 of
the Award is required by the employer to hold a drivers licence
other than a Class C (car) or Class R (rider) licence,
the employer shall reimburse the employee the difference between the cost of
the licence and the cost of a Class C (car) drivers licence.
(c) Where
an employee engaged in child-related work is required by the employer to
undertake a Working with Children Check as provided by the Child Protection (Working with Children) Act 2012 (NSW), the employer shall
reimburse the employee for the cost of such Working With
Children Check.
(x) Travelling
Allowance
(a) This
subclause shall apply to employees who are required to start and/or finish work
at a location away from the employer’s depot, workshop or other agreed normal
place of work, and travel to and/or from such location in their own time.
(b) For
the purposes of this subclause "normal place of work" shall mean:
(1) the
employer’s workshop or depot;
(2) an
office or building of the employer to which the employee is usually assigned;
(3) any
other agreed starting and/or finishing point.
(c) Unless
otherwise provided, each employee will be assigned to one normal place of work
only.
(d) An employee may be assigned to more than
one normal place of work by agreement.
(e) An
employee may be transferred to a different normal place of work at any time by
agreement or by the giving of reasonable notice provided that the relocation is
reasonable in the circumstances and does not unreasonably disadvantage the
employee. In the event of a dispute Clause 36, Grievance and Dispute
Procedures, shall apply.
(f) Where
an employee is required to commence and/or finish work at a location away from
the employee's normal place of work and the distance travelled is greater than
the distance usually travelled by the employee between their place of residence
and normal place of work, the employee shall be paid a travelling allowance for
each journey of excess travel, according to the following scale, provided that
reasonable transport is available:
EXCESS DISTANCE TRAVELLED
|
ENTITLEMENT
|
Less than 3kms
|
Nil
|
3km but not more than 10km
|
Table 2 of Part B
|
More than 10km but not more than 20km
|
Table 2 of Part B
|
More than 20km but not more than 33km
|
Table 2 of Part B
|
More than 33km but not more than 50km
|
Table 2 of Part B
|
Plus (See Table 2 of Part B) for each additional 10km in excess of 50kms
|
Table 2 of Part B
|
Note: On and from 1 July 2014, an employee
may be entitled to two travelling allowances on the one day.
(g) For
the purpose of this subclause a residence shall not be reckoned as such unless
it is situated within the council area. Where the employee resides outside the
council area the travelling allowance is payable from the council boundary of
the employer by which they are employed.
(h) For
the purpose of this subclause distance shall mean the nearest trafficable route
to work.
(i) Where transport is provided by the
employer the conveyance shall have suitable seating accommodation and a cover
to protect the employees from the weather. Explosives shall not be carried on
vehicles which are used for the conveyance of employees.
(j) Where
the employer and employee agree that the employee is to use their own vehicle
to transport other employee(s) or materials to and/or from a worksite located
away from the employee's normal place of work, a vehicle allowance for the use
and depreciation of the vehicle shall be paid as follows:
|
Kilometres travelled transporting other employee(s) or materials
Cents per kilometre
|
internal combustion motor
vehicle 2.5 litres
(nominal engine capacity) and
over
|
Table 2 of Part B
|
internal combustion motor vehicle
under 2.5 litres (nominal engine capacity)
|
Table 2 of Part B
|
hybrid vehicle
|
Table 2 of Part B
|
electric vehicle
|
Table 2 of Part B
|
Such
vehicle allowance shall be paid in addition to travelling allowances provided
by this subclause.
For
the purposes of this subclause, materials shall not include incidental items
(including but not limited to keys, mobile phones, lap-top computers and
personal protective clothing).
Where
the employer provides transport but the employee elects to make their own
travel arrangements, the vehicle allowances in this subclause shall not apply.
(k) This
subclause does not apply to employees who travel where management and employees
agree on a flat rate per week to be paid for travelling. In the event of a
dispute, the Grievance and Disputes Procedure in Clause 37 of this Award shall
be applied.
(l) This
subclause does not apply to travelling involved in after hours on-call work or
to employees recalled to work overtime.
(m) Unless
otherwise agreed, an employee shall not be entitled to travel related
allowances except those provided for in this subclause. Nothing in this
subclause shall be construed so as to require the
reduction or alteration of more advantageous benefits or conditions under any
existing travel arrangements.
(xi) Camping Allowance
(a) Employees
who are required by the employer to camp out or where no reasonable transport
facilities are available to allow them to proceed to and from their homes each
day shall be paid a camping allowance at the rate set out in Table 2 of Part B
for each night the employee camps out.
(b) The
employer shall pay the camping allowance in advance if requested, where the
employer requires the employee to camp out for all of
the rostered working days in a week. The employer shall be reimbursed the
camping allowance that has been paid in advance excepting where the camp has
been shortened or cancelled for reasons beyond the employee’s control.
(c) When
employees are required to camp, all travelling between their respective depots
and camp site at the beginning and/or completion of the camp should be
undertaken during normal working hours. If the employees are required to travel
outside normal working hours they shall be paid the
appropriate travelling allowance in accordance with subclause (x) of this
clause.
(d) All
time occupied in setting up or in shifting camps during the ordinary working
hours shall be paid for at ordinary rates. Should employees be required to
shift camp at times other than during their ordinary hours of work they shall
be paid time and a half rates for the time occupied.
(e)
(1) The
employer shall provide transport for employees, who are required to camp out
from the employer depot at the commencement of each working week and to return
to such depot at the finish of each working week or when the employees are
camped for a period less than one week at the commencement and finish of the
period in which the employees are required to camp out.
(2) Notwithstanding
(1) above, transport may be mutually arranged between the employer and the
employee(s) and shall remain at all times with those
employee(s) required to camp.
(f) The
employer shall provide free transport once each week to enable commodities for
use in camp to be obtained by the employees from the nearest suitable location.
For the purpose of this subclause, the camping
allowance prescribed in paragraph (a) shall be payable to the employees so
concerned.
(g) No
employee shall be required to camp without at least 24 hours' notice unless
such employee agrees to do so.
(h) Where
reasonably practicable to do so the employer shall arrange for perishable foods
to be purchased on the morning prior to the time of departure on that day.
(i) Minimum standards of caravan
accommodation to be provided to employees required to camp out are contained in
Schedule 1 to this Award.
(j) Where
the employee is required to work more than five (5) hours onsite on the final
day of camping out and a meal has not been
provided by the employer, the employee shall be entitled to a meal allowance at
the rate set out in Table 2 of Part B.
(xii) Community Language, and Signing Work
(a) Employees
using a community language skill as an adjunct to their normal duties to
provide services to speakers of a language other than English, or to provide
signing services to those with hearing difficulties, shall be paid an allowance
in addition to the salary system rate of pay as set out in Table 2 of Part B.
The allowance may be paid on a regular or irregular basis, according to when
the skills are used.
(b) Such
work involves an employee acting as a first point of contact for non-English
speaking residents or residents with hearing difficulty. The employee
identifies the resident's area of inquiry and provides basic assistance, which
may include face-to-face discussion and/or telephone inquiry.
(c) Such
employees convey straightforward information relating to services provided by
the employer, to the best of their ability. They do not replace or substitute
for the role of a professional interpreter or translator.
(d) Such
employees shall record their use of a community language according to the
employer’s established policy.
(e) Where
an employee is required by the employer to use community language skills in the
performance of their duties:
·
The employer shall provide the employee
with the opportunity to obtain accreditation from a language aide accreditation
agency
·
Such training shall form part of the
employer’s training plan and budget, in accordance with the requirements of
Clause 33 of this Award
·
The employee shall be prepared to be identified
as possessing the additional skill(s)
·
The employee shall be available to use the
additional skill(s) as required by the employer.
(f) Savings
These
provisions identify minimum criteria only, and shall
not be construed so as to require the reduction or alteration of more
advantageous benefits or conditions under any arrangement existing at the date
the award was varied to give effect to this clause. They shall not however be
cumulative upon such existing payments.
(xiii) First Aid in the Workplace
General
(a) The
parties to the Award recognise that providing
immediate and effective first aid to employees or others who have been injured
or become ill at the workplace may reduce the severity of the injury or illness
and promote recovery. In some instances it could mean
the difference between life and death.
(b) All
employees must be able to access a first aid kit.
(c) First
aid requirements will vary from one workplace to the next, depending on the
nature of the work, the type of hazards, the workplace size and location, as
well as the number of people at the workplace. These factors must be taken into account when deciding what first aid arrangements
need to be provided.
(d) Employers
must ensure that an adequate number of employees are trained to administer
first aid at the workplace or that employees have access to an adequate number
of other people who have been trained to administer first aid.
(e) Employers
are encouraged to make available to employees, training in basic first aid,
which may include, for example, training in:
·
administering first aid;
·
Cardio
Pulmonary
Resuscitation (CPR); or
·
use of defibrillators.
For
further information, refer to the SafeWork NSW ‘First aid in the workplace code
of practice’.
First
aid work allowance
(f) Where
an employee who holds an appropriate first aid qualification is appointed by
the employer to perform first aid duty and be in charge of
a first aid kit, such employee shall be paid a first aid allowance in addition
to the salary system rate of pay, as set out in Table 2 of Part B, provided
that:
(i) If the employee works from home, they
shall be paid the allowance on a pro-rata basis for each day they attend the employers premises.
(ii) This clause shall not apply where it is a requirement of the
position for the employee to hold an appropriate first aid qualification and
perform first aid duty, if the skills have been paid for in accordance with the
employer’s salary system.
(xiv) Meal Allowance
(a) A
meal allowance set out in Table 2 of Part B shall be paid to employees
instructed to work overtime:
(i) for two hours or more prior to their
agreed commencing time, or
(ii) for two hours immediately after their agreed finishing time and
after subsequent periods of four hours, or
(iii) after each four hours on days other than ordinary working days
provided that a meal allowance is not payable where, by agreement, a meal is
provided by the employer.
(xv) Civil Liability – Engineering Professionals
(a) Subject
to this clause, engineering professionals directly involved in the application
of engineering principles to the asset management of the employer’s assets that
give rise to liability under the Civil Liability Act 2002 (NSW) shall be
paid a 3.5% allowance in addition to the weekly salary system rate of pay.
(b) This
allowance was introduced to ensure that engineering professionals whose work
value had changed in response to the Civil Liability Act 2002 (NSW)
are paid for that change in work value.
This allowance applies to functional management positions as well as
engineering professionals working in asset management at the operational level.
(c) This
allowance is not payable where such responsibilities and the exercise of such
skills have been specifically and demonstrably paid for in accordance with the
salary system established by the employer.
(d) Direct
involvement in the application of engineering principles to the management of
the employer’s assets includes:
·
the planning for;
·
designing;
·
maintenance;
·
replacing;
·
rehabilitation; or
·
disposing
of
the employer’s assets which may give rise to liability under the Civil
Liability Act 2002 (NSW).
(e) To
qualify for the payment of this allowance the position in question must be
evaluated in accordance with the skill descriptors for Professional/Specialist
Band 3 or Executive Band 4 of the Award.
(f) The
parties to the Award acknowledge that implementation of this allowance has been
guided by the Joint Statement
on the Implementation of the Civil Liability Allowance issued by the parties in October
2007. The parties remain committed to this document as a guide for the
application of the allowance.
(g) From
1 January 2015, claims for the payment of the civil liability allowance under
this clause shall be made within 30 days of the work being performed, and any
claims for back-payment of the civil liability allowance shall be limited to
the date on which the employee made the claim.
This subclause does not apply where it can be demonstrated that the
employer incorrectly made representations to an employee that the civil
liability allowance had already been paid for in accordance with their rate of
pay and/or the salary system established by the employer.
(h) This
clause shall not be construed so as to require the
reduction or alteration of more advantageous benefits or conditions under any
arrangements existing at the date the Award was varied to give effect to this
clause.
(xvi) Professional Engineers Registration and Recognition
In this clause Registered Professional Engineer means
an employee who is assessed and registered as a Registered Professional
Engineer by NSW Fair Trading or other government regulatory authority.
(b) Where
an engineering employee is required by an Act of Parliament to be a Registered
Professional Engineer the employer must:
(1) pay
all reasonable costs associated with obtaining and/or maintaining such
registration as a Registered Professional Engineer, including the cost of
registration, assessment and continued professional development needed to
retain such registration, and
(2) grant
leave, without loss of pay, for the employee to attend course requirements in
accordance with subclause (iv) of Clause 33, Training and Development, of this
Award.
(c) The
cost reimbursements and training requirements in subclause (b) shall continue
to be observed while the employee is on paid leave and/or unpaid parental
leave.
(d) The
employer may grant assistance to an engineering employee undertaking a course
to obtain accreditation as a Chartered Professional Engineer, although not at
the employer’s request, in accordance with subclause (v) of Clause 33 of this
Award.
(xvii) Accreditation of employees by NSW Fair Trading
(a) Where
an employee is required by the employer to be accredited by NSW Fair Trading
under the Building and Development
Certifiers Act 2018 (NSW)
the employer shall:
(1) pay
the reasonable costs associated with obtaining and/or maintaining such
accreditation, including the cost of accreditation fees and compulsory
continued professional development training/course fees, and
(2) grant
paid leave to attend course requirements in accordance with subclause (iv) of
Clause 33, Training and Development, of this Award.
(b) Subclause
(a) shall continue to be observed while the employee is on paid leave and/or
unpaid parental leave.
(xviii) Additional Award Payment
(a) Subject
to subclause (xviii)(c) of this clause, an employee, other than a casual or
temporary employee, with at least 12 months continuous service with the
employer as at 30 June 2024, shall be paid a gross
lump sum payment of $1000 or 0.5% of the employee’s annual salary system rate
of pay as at 30 June 2024, whichever is the greater. Such payment shall be made in the first full
pay period to commence on or after 1 July 2024.
(b) Subject
to subclause (xviii)(c) of this clause, an employee, other than a casual or
temporary employee, with at least 12 months continuous service with the
employer as at 30 June 2025, shall be paid a gross
lump sum payment of $1000 or 0.5% of the employee’s annual salary system rate
of pay as at 30 June 2025, whichever is the greater. Such payment shall be made in the first full
pay period to commence on or after 1 July 2025.
(c) Eligible
permanent part-time employees shall receive the payments referred to in
subclauses xviii(a) and xviii(b) of this clause on a
pro-rata basis, based on the regular ordinary hours worked.
18. Motor Vehicle Arrangements
A. VEHICLE ALLOWANCES
(i) Where, by agreement, the employer
requires an employee to use their own vehicle in or in connection with the
performance of their duties for official business, such employee will be paid
an allowance for each kilometre of authorised travel as follows:
(a) internal
combustion motor vehicle 2.5 litres (normal engine
capacity) and over – refer to Table 2 of Part B;
(b) internal
combustion motor vehicle under 2.5 litres (normal
engine capacity) – refer to Table 2 of Part B;
(c) hybrid
vehicle – refer to Table 2 of Part B;
(d) electric
vehicle – refer to Table 2 of Part B.
(ii) The employer may require an employee to record full details of
all such official travel requirements in a log book.
(iii) Minimum quarterly payment – Where the vehicle is used for
official business and is available continuously when the employee is on duty
the employee shall be paid the allowance in subclause 18A(i)(b)
but with a minimum payment as set out in Table 2 of Part B. Periods of sick
leave in excess of 3 weeks, annual leave in excess of 4 weeks, long service
leave, paid and unpaid parental or maternity leave shall not be counted when
calculating the minimum quarterly payment.
(iv) Where the vehicle is used for official business on an
intermittent, irregular or casual basis, the employee shall be paid the
allowance for the number of kilometres travelled on
official business as set out in paragraph (i) only
and shall not be entitled to the minimum payment as set out in paragraph (iii).
(v) Any
agreement to pay the allowance under this clause may only be terminated by 12
months’ notice by either party or by the employee's termination of employment.
B. leaseback VEHICLES
(i) General
The
parties to this Award recognise that leaseback
vehicles may be provided to employees as a condition of employment (e.g. as an
incentive for accepting employment) or as a discretionary benefit that is not a
condition of employment.
A
leaseback vehicle will be considered to be a condition
of employment for an employee unless the employer can establish that it was not
provided on such a basis at the time that it was provided.
Where
an employer supplies an employee with a zero or low emissions vehicle the
leaseback vehicle fee payable by the employee should reflect favourable FBT treatment where applicable.
(ii) Termination of leaseback vehicle arrangements:
(a) Condition of employment – Unless otherwise provided in this clause,
where the employer and an employee enter into a
leaseback vehicle arrangement and the employee is entitled to a leaseback
vehicle as a condition of employment, the arrangement may only be terminated by
agreement.
(b) Not a condition of employment – Unless otherwise provided, where
the employer and an employee enter into a leaseback
vehicle arrangement and the employee is not entitled to a leaseback vehicle as
a condition of employment, the employer shall give a minimum of six (6) months
written notice of termination of the arrangement.
Notwithstanding
the above, where the leaseback vehicle agreement was entered into prior to 1
November 2010, the employer shall give a minimum of 12 months’ notice to
terminate the agreement.
(c) Other – The employer may terminate or
suspend access to a leaseback vehicle arrangement immediately on termination of
employment, loss of licence, serious breach of the
leaseback vehicle agreement or if the employee accepts a new position with the
employer that does not include access to a leaseback vehicle. The employer may also terminate or suspend a
leaseback vehicle arrangement where an employee is demoted, for the period of
demotion, provided that at least two weeks’ notice is given.
(iii) Variation of leaseback vehicle arrangements:
(a) Variations to leaseback
arrangements – Proposals to vary leaseback vehicle arrangements, including
the formula for calculating the leaseback vehicle fees shall be referred to the
consultative committee in accordance with clause 34 of this Award, before a
definite decision is made.
(b) Variations to leaseback
fees - Where an employer proposes to increase the leaseback fee an employee
is required to pay in any twelve (12) month period by more than the percentage
movement in the index figure published by the Australian Bureau of Statistics
for Eight Capitals, private motoring sub-group (Cat No 6401.0), the employer
shall provide in writing to the employee the reasons for the increase.
In
any event the employer shall not increase the leaseback vehicle fee an employee
is required to pay in any twelve (12) month period by more
than 10%.
This
subclause shall not apply where the leaseback vehicle fee is adjusted to
reflect changes in the type of vehicle being used (including changes in vehicle
options, the class, model or make of vehicle).
(c) Variations in hours of work and/or
extended periods of absence
– Where an employee’s hours of work change significantly
or the employee is absent on approved leave for an extended period, the
employer and the employee shall discuss whether the employee will be allowed to
retain possession of the vehicle and/or whether the leaseback vehicle fee is to
be adjusted. In the event that the leaseback
vehicle fee is to be adjusted, subclause (v) above shall not apply.
In
the absence of agreement, clause 37, Grievance and Disputes Procedures, shall
apply.
C. NOVATED LEASES
A novated lease is a type of motor
vehicle lease common in Australia between an employee, employer, and finance
company, with the responsibility for the lease lying with the employee and the
lease payments being made from the employee's pre-tax income.
The employer shall not make it a
job requirement that an employee enter into a novated lease agreement for the
use of a motor vehicle.
19. Residence
Where an employee is supplied by
the employer with a residence, it shall be of a reasonable standard. The rental
value of such residence shall be agreed upon between the employer and the
employee. The rental value as agreed may be deducted from the pay of the
employee.
20. Hours of Work
A. ORDINARY HOURS
(i) Except as otherwise provided, the
ordinary hours of work shall be 38 hours per week arranged on one of the
following bases:
·
38 hours within one week provided that at
least two days off shall be granted; or
·
76 hours within two weeks provided that at
least four days off shall be granted; or
·
114 hours within three weeks provided that
at least six days off shall be granted; or
·
152 hours within four weeks provided that
at least eight days off shall be granted.
(ii) The ordinary hours of work for employees engaged in the following
functions shall be 35 hours per week:
·
Administration;
·
Building Surveying;
·
Community Services
(Professional/Specialist Band 3);
·
Engineering (Professional
and Trainees);
·
Executive Band;
·
Finance;
·
Health Surveying;
·
Library;
·
Public Relations;
·
Technical Services; and
·
Town Planning.
The
ordinary hours for employees working 35 hours per week shall be arranged on one
of the following bases:
·
35 hours within one week provided that at least
two days off shall be granted; or
·
70 hours within two weeks provided that at
least four days off shall be granted; or
·
105 hours within three weeks provided that
at least six days off shall be granted; or
·
140 hours within four weeks provided that
at least eight days off shall be granted.
(iii) Except as otherwise provided, the ordinary hours for all
employees shall be between Monday and Sunday.
(iv) Where the employer
seeks to alter the spread of ordinary hours for a new or vacant position from
Monday to Friday to Monday to Sunday for any of the following functions:
·
Crematoriums and Cemeteries;
·
Road Constructions and Maintenance;
·
Sale Yards;
·
Stores and Depots;
·
Trade functions;
·
Building Surveyors;
·
Engineering (Professional and Trainees);
·
Finance;
·
Health Surveyors;
·
Town Planning; and
·
General Administration
(a) The
employer shall refer the proposal to alter the spread of ordinary hours to the
consultative committee prior to advertising the new or vacant position(s); and
(b) If
the employer is satisfied that there are suitably qualified employees employed
by the employer that can be redeployed to the new or vacant position(s) the employer
shall call for expressions of interest from those employees for redeployment
into the new or vacant position(s).
(c) Employees
employed prior to 1 July 2014 in the functions of Crematoriums and Cemeteries;
Road Construction and Maintenance; Sale Yards; Stores and Depots; and Trade
Functions, whose ordinary hours of work are from Monday to Friday shall not be
compelled to agree to work ordinary hours of work on Saturdays and/or Sundays.
(d) Employees
employed prior to 1 July 2020 in the functions of Building Surveyors;
Engineering (Professional and Trainees); Finance; Health Surveyors; Town
Planning; and General Administration, whose ordinary hours of work are from
Monday to Friday shall not be compelled to agree to work ordinary hours of work
on Saturdays and/or Sundays.
(v) An
employee’s commencement and/or finishing times may be altered by agreement or
by the employer with the provision of reasonable notice where there are genuine
operational or safety reasons supporting the variation. For the purpose of
this sub-clause, reasonable notice shall be determined having regard to:
·
the employee’s personal circumstances
including any family and carer responsibilities; and
·
the needs of the workplace, including any
genuine operational or safety reasons.
Unless
otherwise agreed, at least two weeks prior to the proposed alteration the
employer shall provide the employee with the reasons for the proposed
alteration to commencement and/or finishing times in writing. At least one week prior to the proposed
alteration the employee shall provide reasons in writing if they do not agree
with the proposed alteration, provided that an employee shall not unreasonably
withhold agreement. In the event of a dispute, Clause 36, Grievance and
Disputes Procedures, shall apply.
This
subclause only applies in relation to changes to commencement and/or finishing times and does not apply to changes in
the days that an employee is required
to work.
(vi) The day of a rostered day off can be altered by mutual consent
at any time and may be altered by the employer on two weeks’ notice where there
are genuine operational or safety reasons and the
alteration does not unreasonably disadvantage the employee. Where an employee
works on a rostered day off, Clause 20A Overtime shall apply.
(vii) An employee will not be required to work more than five (5) hours
without receiving an unpaid meal break of at least 30 minutes. Thereafter, a paid meal break
not exceeding 20 minutes shall be given and taken after a further five hours
continuous work. By agreement, or in the case of unforeseen circumstances
(including where the taking of the meal break would cause unreasonable
interference in operations), the meal break may be delayed and shall be taken
as soon as practicable, subject to the observance of appropriate work health
and safety standards.
(viii) Ordinary hours of work shall not exceed twelve (12) hours in any one-day exclusive of unpaid meal breaks.
B. SATURDAY AND SUNDAY WORK
(i) Except as otherwise provided, ordinary
hours worked on a Saturday shall attract a 25% penalty in addition to the
hourly salary system rate of pay and ordinary hours worked on a Sunday shall
attract a 50% penalty in addition to the hourly salary system rate of pay.
(ii) The ordinary hours worked by employees engaged in the following
functions shall attract a 50% penalty in addition to the hourly salary system
rate of pay for work on a Saturday and a 100% penalty in addition to the hourly
salary system rate of pay for work on a Sunday:
·
Beach inspectors;
·
Cleaning;
·
Crematoriums and Cemeteries;
·
Garbage;
·
Mechanical Trades (Workshops);
·
Parks and Reserves;
·
Rangers and parking officers;
·
Road Construction and Maintenance;
·
Sale Yards;
·
Sanitary;
·
Sewerage;
·
Stores and Depots;
·
Sullage;
·
Trade functions:
·
Waste; and
·
Water.
(iii) An employee may request to work ordinary hours on a Saturday and/or
a Sunday in lieu of the ordinary hours the employee would otherwise be rostered
to work.
(a) An
employee’s request must be in writing and must outline a period within which
the arrangement is to be reviewed;
(b) The
employer will not unreasonably withhold agreement to such a request;
(c) Any
such agreement shall not apply to new or vacant provisions;
(d) Where
an employee requests to work ordinary hours on a Saturday and/or a Sunday under
the provisions of this subclause, the employer shall not be required to pay the
penalty rate provided by subclauses (i) and/or (ii).
C. SHIFT WORK
(i) Except as otherwise provided ordinary
hours worked outside the span of 6:00am to 6:00pm Monday to Friday shall
attract a 20% shift penalty in addition to the hourly salary system rate of pay
for the actual time worked outside the span of hours specified in this
subclause.
(ii) Subject to subclause 20C(iii), employees engaged in the
following functions will be entitled to a 20% shift penalty in addition to the
hourly salary system rate of pay for the actual time worked outside the
following times:
Aerodromes
|
5:00am to 10:00pm
|
Caretakers
|
5:00am to 10:00pm
|
Childcare
and community care
|
5:00am to 8:00pm
|
Cleaners
|
5:00am to 9:00pm
|
Entertainment,
Events, Theatres and Hospitality
|
5:00am to 11:00pm
|
Libraries
|
8:00am to 9:00pm
|
Leisure
Centres
|
5:00am to 11:00pm
|
Media and
communication
|
5:00am to 11:00pm
|
Museums and
galleries
|
5:00am to 9:00pm
|
Parking
Station Attendants
|
6:00am to 10:00pm
|
Pools
|
5:00am to 11:00pm
|
Rangers and
parking officers
|
5:00am to 10:00pm
|
Security/watchpersons
|
5:00am to 10:00pm
|
(iii) Notwithstanding the
provisions in subclause 20(c)(ii), employees employed prior to 1 July 2020 in
the following functions shall retain their entitlement to a shift penalty in
addition to their hourly salary system rate of pay as it existed under the Local
Government (State) Award 2017:
(a) Childcare
and community care;
(b) Entertainment,
Events, Theatres and Hospitality;
(c) Media
and communication; and
(d) Museums
and galleries
(iv) Shift penalties shall be payable for ordinary work performed
between Monday and Friday and shall not be paid on weekends.
(v) With
the exception of staff engaged in the function of street sweeping, employees in
receipt of the Level 2 Adverse Working Conditions allowance provided under
clause 17(ii) of this Award shall not also receive shift penalties for work
performed outside the hours of 6:00am to 6:00pm Monday to Friday as provided by
subclause (i).
(vi) An employee may request to work ordinary hours outside the span
of 6:00am and 6:00pm or any of the other spans detailed in clause 20C(ii), in
lieu of the ordinary hours the employee would otherwise be rostered to work.
(a) An
employee’s request must be in writing and must outline a period within which
the arrangement is to be reviewed;
(b) The
employer will not unreasonably withhold agreement to such a request;
(c) Any
such agreement shall not apply to new or vacant positions;
(d) Where
an employee requests to work ordinary hours outside the relevant span of hours
the employer shall not be required to pay a shift penalty for the actual time
worked.
D. FACILITATIVE PROVISIONS
The employer and the Union may agree on hours of work, weekend
penalties and shift penalties other than those prescribed in this clause.
21. Overtime
A. GENERAL
(i) Except where otherwise provided all time
worked by direction before the agreed commencement of ordinary hours, or later
than the agreed completion of ordinary hours, shall be paid for at the rate of
time and a half for the first two hours and double time thereafter.
(ii) Overtime worked on Saturday shall be paid for at the rate of
time and a half for the first two hours and double time
thereafter, provided any overtime worked after 12 noon Saturday shall be at
double time.
(iii) Overtime worked on Sunday shall be paid for at the rate of
double time.
(iv) Overtime shall be claimed within 30 days of it being worked. The
employer shall keep a record of such overtime. Accrued time in lieu of overtime
shall not be forfeited and shall be paid at the appropriate overtime rate on
termination or at other agreed time.
(v) An
employee (other than a casual) who:
(a) works
four or more hours overtime after the completion of an ordinary shift and does
not receive ten (10) consecutive hours off duty in the fourteen (14) hours
immediately preceding the commencement of their next ordinary shift, or
(b) works
overtime after the completion of two consecutive ordinary shifts without
receiving ten (10) consecutive hours off duty,
shall
be released after the completion of such overtime until they have had ten
consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
If
an employee is instructed to resume work without receiving the ten consecutive
hours off duty, the employee shall be paid at double time until released from
duty and then shall be entitled to a ten-hour break without loss of pay.
Remote
response –
This subclause shall not apply where an employee works for less than four hours
remote response on any one day.
(vi)
(a) Where
there is prior agreement between the employer and the employee, an employee
directed to work in excess of ordinary hours may elect
either to be paid the appropriate overtime rate or be granted time in lieu
equivalent to the actual hours worked.
(b) The
employer may direct an employee to take accrued time in lieu of overtime by the
giving of at least two (2) weeks’ notice in the following circumstances:
(1) Where the employee has accumulated in excess of one (1) weeks’ time in lieu of overtime or,
(2) A period of annual close
down of up to and including two (2) weeks where the employee does not
have sufficient annual leave to cover the relevant close down period. The employer shall be able to rely on this
provision prior to considering the provision of meaningful alternate duties.
(c) Time in lieu of overtime accruals
standing to an employee’s credit on termination of employment shall be paid at
the appropriate overtime rate.
(vii) Employees classified in the Executive Band 4 of this Award may be
required, in addition to their ordinary hours, to attend meetings of council
and standing and/or special committee meetings. For the
purpose of this subclause, an employee who is required to attend
meetings of the council and standing and/or special committee meetings shall be
entitled to claim overtime for actual hours worked after 11:00 pm.
(viii)
(a) Subject
to paragraph (b), the employer may require an employee to work reasonable
overtime at overtime rates.
(b) An
employee may refuse to work overtime in circumstances where the working of such
overtime would result in the employee working hours which are unreasonable.
(c) For
the purposes of paragraph (b), what is unreasonable or otherwise will be
determined having regard to:
·
any risk to the employee;
·
the employee’s personal circumstances
including any family and carer responsibilities;
·
the needs of the workplace;
·
the notice, if any, given by the employer
of the overtime and by the employee of their intention to refuse it; and
·
any other matter.
b.
Excess hours AGREEMENTS
(i) Subject to
subclause (ii) of this clause, the employer and an individual employee in
Professional/Specialist Band 3 or Executive Band 4 may agree to an ‘Excess
Hours Agreement’ whereby the employee is paid an allowance of at least ten (10)
percent of the employee’s weekly salary system rate of pay in substitution for
all overtime penalties under this Award.
(ii) An employee
shall be entitled to overtime in accordance with Clause 21A of this Award where
the employee is directed to work additional hours that are in excess of the hours of work reasonably contemplated by
the employer and the employee at the time the Excess Hours Agreement was made.
The hours of work reasonably contemplated by the employer and the employee
shall be determined having regard to the quantum of the allowance paid.
(iii) Where the
employer and an engineering professional employee who satisfies the eligibility
criteria for payment of the civil liability allowance at subclause 17(xv) of
this Award agree to an Excess Hours Agreement, the employee shall continue to
be paid the civil liability allowance in addition to any allowance that is
payable under the Excess Hours Agreement.
(iv) An Excess Hours
Agreement is subject to the following conditions:
(a) An
employee who can demonstrate that they are required to routinely work unpaid
additional hours in order to fulfil the requirements
of their position has the right to request, in writing, to enter into an Excess
Hours Agreement. Where the employer does not agree to the request the employer
shall discuss the request with the employee with a view to reaching agreement
on:
(1) reasonable
ways to reduce the excess unpaid hours or
(2) alternative
ways of compensating the employee for the excess hours.
In the event that no agreement is reached, the
employer shall advise the employee, in writing, of the arrangements that will
be made so that they are no longer required to work the excess hours.
(b) The employer and the individual employee
must have genuinely made the Excess Hours agreement without coercion or duress.
(c) The Excess Hours Agreement must:
(1) be in writing;
(2) name the parties to the agreement and be signed
by the employer and the individual employee;
(3) result in the
employee being better off overall in comparison to the Award at the time the
agreement is made than the employee would have been if no Excess Hours
Agreement had been agreed to;
(4) state the date the agreement commences to
operate.
(d) The
employee shall work such reasonable hours as are necessary to carry out the duties
and functions of the position and the employee’s obligations under their
contract of employment, provided that the employee may refuse to work
additional hours in circumstances where the working of such additional hours
would result in the employee working hours which are unreasonable. For the
purposes of this subclause, what is unreasonable or otherwise will be
determined having regard to:
·
any risk to the employee;
·
the employee’s personal circumstances
including any family and carer responsibilities;
·
the needs of the workplace;
·
the notice, if any, given by the employer
of the requirement for the employee to work additional hours and by the
employee of their intention to refuse it; and
·
any other matter.
(e) The employer may require the employee to
attend work for the employer during core business hours and to attend meetings
of the council/employer and standing and/or special committee meetings,
provided that such requirement does not result in the employee working hours
which are unreasonable.
(f) The
employer must give the individual employee a copy of the agreement and keep the
original signed agreement as a time and wages record.
(g) An
employer seeking to enter into an agreement under this clause must provide a
written proposal to the employee. Where the employee’s understanding of written
English is limited the employer must take measures,
including translation into an appropriate language, to ensure the employee
understands the proposal.
(v) An Excess Hours
Agreement may be terminated:
(a) by
the employer or the individual employee giving 28 days’ notice of termination,
in writing, to the other party and the agreement ceasing to operate at the end
of the notice period; or
(b) at any time, by
written agreement between the employer and the individual employee.
(vi) The allowance paid
under this clause shall be paid for all purposes of the Award but shall not
attract any penalty.
C. ON CALL
(i) The on-call allowance compensates
employees for the requirement to be available for duty
outside of ordinary hours at all times in order to attend emergency
and/or breakdown work and/or supervise the call-out of other employees.
(ii) Subject to subclause (iv) of this clause, employees required to
be on call on days when they would ordinarily work, or would have ordinarily
worked but for a public holiday, in accordance with Clause 20, Hours of Work,
shall be paid an on call allowance at a rate set out in Table 2 of Part B of
this Award for each such day the employee is required to be on call.
(iii) Subject to subclause (iv) of this clause, employees required to
be on call on days other than their ordinary working days shall be paid an
on-call allowance at a rate set out in Table 2 of Part B of this award for each
such day the employee is required to be on call.
(iv) The on-call allowances in subclauses (ii) and (iii) of this
clause shall not total more than the rate set out in Table 2 of Part B of this
award for any one week.
(v) Employees
who are required to be on-call are not required to remain at their usual place
of residence or other place appointed by the employer.
However, an on-call employee must be able to be contacted and be able to
respond in a timely manner. Employees who are unable to respond in a timely
manner may at the discretion of the employer be removed from an on-call roster.
(vi) Employees on call who are required to work outside their
ordinary hours shall be entitled to be paid overtime at the appropriate rate
for the actual time worked. Subject to
subclause 21C(vii), actual time worked shall be deemed to include ‘travelling
time’ by the most direct route from:
(a) the location where an employee departs to the place of
overtime work, and
(b) the
place of overtime work to the employee’s normal place of residence.
(vii) Where an employee resides outside of the employer’s local
government area, the employer and
employee may agree, in writing, that the ‘travelling time’ to and from the
place of overtime work
commences and ends at the boundary of the employer’s local government area,
provided that an employee who was required to be included on the on-call roster
as at 1 July 2020 and whose residence was located outside of the employer’s
local government area shall not suffer any reduction to their award entitlement
for recognition of travel time while the employee continues to reside at that
residence.
(viii) Unless otherwise provided, the overtime paid to an employee that is
required to return to work whilst on-call shall not be less than thirty (30)
minutes per day on which they are called out inclusive of paid travel time.
(ix) On call employees are not subject to the minimum payment
provisions of a public holiday. For each public holiday an employee is required
to be on-call, the employee shall be granted one-half day’s leave to be taken
at an agreed time, provided that where there is prior agreement the
employer may pay
the employee an additional one-half day’s pay in lieu of the one-half day’s
leave.
D. CALL BACK
(i) For the purposes of this Award, an
employee shall be deemed to be on a call back if the employee is recalled to work overtime without receiving notice before ceasing
work.
(ii) Any employee who is called back to work as defined in subclause
(i) shall be paid for a minimum of four hours work at
the appropriate overtime rate for each time so recalled. Provided that any
subsequent call backs occurring within a four hour
period of a call back shall not attract any additional payment. An employee
working on a call back shall be paid the appropriate overtime rate from the
time that such employee departs for work.
Except
in the case of unforeseen circumstances arising, the employee shall not be
required to work the full four hours if the job that the employee was recalled to perform is completed within a shorter period. This
subclause shall not apply in cases where the call back is continuous subject to
a reasonable meal break with the commencement of ordinary hours.
E. REMOTE RESPONSE
(i) An employee
who is in receipt of an on call allowance and
available to immediately:
(a) respond to phone calls or messages;
(b) provide advice (‘phone fixes’);
(c) arrange call out/rosters of other
employees; and
(d) remotely monitor and/or address issues by
remote telephone and/or computer access,
will be paid the applicable overtime rate for the
time actually taken in dealing with each particular matter, except where the
employee is recalled to work.
Note: subclause
21C(vi) applies where an on-call employee is recalled to work.
(ii) An employee remotely responding will be
required to maintain and provide to the employer a time sheet of the length of
time taken in dealing with each matter remotely for each day commencing from
the first remote response. The total overtime paid to an employee for all time
remotely responding in any day commencing from the first response will be
rounded up to the nearest 15 minutes.
(iii) The employer may, by agreement,
make an average payment equivalent to an agreed period of
time per week where the employee is regularly required to remotely
respond as defined in subclause (i) of this clause.
F. Right
to disconnect
(i) Employees have a right to disconnect
from work during non-working time.
(ii) Supervisors and managers must respect employees’ periods of
leave and rest days and right to disconnect from work during non-working time.
(iii) Employees (other than on-call employees) are not required to
read or respond to work emails or phone calls outside their working hours.
(iv) The provision of a mobile phone or laptop computer to an
employee does not mean they are on-call or expected to be available outside
their working hours.
22. Holidays
A. GENERAL
(i) Public holidays are provided for in the Public
Holidays Act 2010 (NSW) as amened from time to time. This
clause supplement or deals with matters incidental to the Public Holidays
Act 2010 (NSW).
(ii) Employees who are Aboriginal and Torres Strait Islanders shall
be entitled to one public holiday during NAIDOC week so that they can
participate in National Aboriginal and Islander Day celebrations. Eligible employees shall provide the
employer with at
least seven (7) days’ notice of their intention to take the holiday in
accordance with this subclause, provided that if less than seven (7) days’
notice is given such leave shall not be unreasonably refused.
(iii) Where a public holiday falls on a day ordinarily worked by the
employee, the employee shall not have a reduction in ordinary pay.
(iv) Except as otherwise provided, where an employee is required to
work on public a holiday the employee shall be paid at double time and a half
inclusive of payment for the day.
(v) All
employees classified in the Operational Band 1 of this Award employed in
garbage, sanitary and sullage (other than the supervisor) who are required to
work on Good Friday or Christmas Day shall be paid at triple time inclusive of
payment for the day with a minimum payment of four hours work.
(vi) Except as otherwise provided, where an employee, other than a
casual, is required to work on a public holiday, the employee shall be paid a
minimum payment of four hours worked. A
casual employee will not be offered work on a public holiday if a permanent
employee is available to work on the public holiday.
(vii) Where an employee is required to work ordinary hours on a public
holiday, the employer and the employee may agree that the employee be paid time and a half
for the hours worked on the public holiday and in addition, be granted
equivalent time off in lieu to be paid at ordinary time for each public holiday
worked. Such leave shall be taken at a mutually convenient time.
(viii) If a rostered day off falls on a public holiday, the next working
day will be substituted, or another day by agreement, except for employees
engaged on a seven (7) day a week rotating roster system.
(ix) An employee who prior to the operative date of this award was
entitled to move a day off which was not a rostered day off where it fell on a
public holiday shall retain that right.
(x) The employer may direct an employee to
take accrued time in lieu for work on a public holiday by the giving of at
least two (2) weeks’ notice in the following circumstances:
(a) Where the employee has accumulated in excess of one (1) weeks’ time in lieu for work on a
public holiday, or where the employee has accumulated a total of in excess of
one (1) weeks’ time in lieu when combining:
(1) time in lieu for work on public
holiday’s; and
(2) time in lieu of overtime under subclause
21A(vi)(a).
(b) A period of annual close
down of up to and including two (2) weeks where the employee does not
have sufficient annual leave to cover the relevant close down period. The employer shall be able to rely on this
provision prior to considering the provision of meaningful alternate duties.
B. UNION PICNIC DAY
(i) Union Picnic Day shall for all the
purposes of this Award be regarded as a public holiday for employees who are
financial members of the union(s). The Union Picnic Day shall be on such day as
is agreed between the employer and the union(s).
(ii) The union(s) shall advise the employer of financial members as at the
time of the Union Picnic Day. Such advice must be given at least two weeks
prior to the Union Picnic Day.
(iii) Employees who are not financial members of the union(s) and who
are required to work on Union Picnic Day, shall be paid ordinary pay for
their normal working day.
(iv) Employees who are not financial members of the union(s) and who
are not required to work on Union Picnic Day, may apply to the
employer to take
annual leave, long service leave, time off in lieu of overtime, leave without
pay, such other leave as may be approved by the employer, or may be required by
the employer to make up time.
23. Leave Provisions
A. SICK LEAVE
(i) Employees who are unable due to illness
or injury to attend for duty shall be entitled during each year of service to
sick leave of 3 weeks at ordinary pay.
(ii) Where a person is employed on a fixed-term or temporary basis
of less than twelve (12) months duration the employee shall be entitled to one
(1) weeks sick leave on commencement. The employee shall be entitled to a further
one (1) weeks sick leave after each four (4) months of
continuous service.
(iii) The entitlement to sick leave is subject to the employer being
satisfied that the illness or injury;
(a) is
such that it justifies the time off; and
(b) does
not arise from engaging in other employment.
(iv) The employer may require an employee to provide proof that the
illness or injury is such that it justifies the time off work, subject to the
following:
(a) In
each year of service proof of illness or injury to justify payment shall not be
required for the first 3 separate periods of absence, provided such periods are
not more than 2 working days, unless:
(1) It
is reasonable for the employer to require the employee to provide proof of
illness or injury having regard to the employee’s pattern of sick and/or amount
of sick leave taken by the employee, and
(2) The
employer has provided the employee with prior written notice of the requirement
to provide proof of illness or injury.
(b) The
type of proof of injury or illness required by the employer must be reasonable
having regard to the circumstances of the employer and the employee and may
include, for example, certification from a qualified medical/health
practitioner registered with the appropriate government authority or statutory
declaration; and
(c) when
requested, proof of illness shall indicate the employee's inability to
undertake their normal duties.
(v) The
employer may require employees to attend a qualified medical/health
practitioner nominated by the employer at the employer's cost.
(vi) Sick leave shall accumulate from year to year so that any
balance of leave not taken in any one year may be taken in a subsequent year or
years.
(vii) The employer may, at its discretion, grant
an employee sick leave at half pay if satisfied that extenuating circumstances
exist. Where a public holiday falls during a period
of sick leave at half pay, the public holiday shall also be paid at half
pay. Further, all entitlements shall
accrue during periods of sick leave at half pay on a proportionate basis.
(viii) Accumulated sick leave shall be transferable on change of
employment from employer to employer within New South Wales up to 13 weeks,
provided that an employee shall only be entitled to transfer sick leave
accumulated since the employee's last anniversary date on a pro-rata basis.
Such accumulated sick leave shall only be transferable if the period of
cessation of service with the employer and appointment to the service of
another employer does not exceed three months. The sick leave entitlement transferred
shall not exceed the maximum amount transferable as prescribed by the
appropriate award at the time of transfer.
(ix) Where an employee has had five (5) years' service with the
present employer and the sick leave entitlement as prescribed has been
exhausted, that employer may grant such additional sick leave as, in its
opinion, the circumstances may warrant.
(x) Section
50 of the Workers Compensation Act 1987 (NSW) dealing with the
relationship between sick leave and workers compensation applies.
(xi) Where an employee had an entitlement under awards rescinded and
replaced by this Award for the payment of unused sick leave arising out of the
termination of employment due to ill-health or death and where such entitlement
existed as at 15 February 1993 the following
provisions shall apply
(a) In
the event of the termination of service of an employee on account of ill health
and the employer is satisfied that such ill-health renders the
employee unable in the future to perform the duties of such appointed
classification, the termination shall not be effected earlier than the date on
which the employee's credit of leave at full pay shall be exhausted unless the
employee is paid any accrued sick leave at full pay to which such employee
would be entitled under this clause.
(b) When
the service of an employee is terminated by death, the employer shall pay to the employee's
estate, the monetary equivalent of any untaken sick leave standing to the
employee's credit at the time of death.
(c) Payment
under this clause is limited to sick leave calculated to retirement age in
accordance with relevant legislation and shall not be payable if the injury or
illness arises out of or in the course of employment such that it is
compensable under the Workers Compensation Act 1987 (NSW).
(d) For
the purposes of this subclause such entitlement to payment of untaken sick
leave shall be paid be in accordance with clause 14 of Schedule 4 of the Industrial
Relations Act 1996 (NSW).
(xii) This sub-clause applies where an employer is satisfied that an
employee has a terminal illness being a
diagnosed disease or condition which cannot be cured and is likely to lead to
death. The sub-clause is also limited in
application to those employees who are not covered by subclause (xi) above. In the event that such an employee is unable
to attend work or perform the duties of the position in the foreseeable future
on account of their condition, then the employee shall be entitled to request
continued access to the employee’s accrued sick leave until the leave is
exhausted, the employee dies or the employee uses 48 weeks of accrued sick
leave whichever occurs first. The employer shall not unreasonably refuse such a
request.
B. CARER'S LEAVE
(i) Use of Sick Leave: An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in subclause (v)(b) below who needs the employee's care and support
shall be entitled to use, in accordance with this subclause, any current or
accrued sick leave entitlement, provided for at Clause 23A, Sick Leave of this
Award, for absences to provide care and support for such persons when they are
ill, or who require care due to an unexpected emergency. Such leave may be
taken for part of a single day.
(ii)
(a) Carer’s
leave is not intended to be used for long term, ongoing care. In such cases,
the employee is obligated to investigate appropriate care arrangements where
these are reasonably available.
(b) Where
more than two weeks carers leave in any year of service is to be used for
caring purposes the employer and employee shall discuss appropriate arrangements
which, as far as practicable, take account of the employer’s and employee’s requirements.
(c) Where
the parties are unable to reach agreement the grievance and disputes procedures
at Clause 37 of this Award should be followed.
(iii) In normal circumstances, an employee must not take carer's leave
under this clause where another person has taken leave to care for the same
person.
(iv) The employer may require the employee to provide proof of the need
for carer’s leave as follows:
(a) Less
than two weeks – Where less than two weeks carers leave in any year of service
is sought to be used for caring purposes the employer may require the employee to
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) More
than two weeks – Where more than two weeks carers leave in any year of service
is sought to be used for caring purposes the employer may require the employee to
produce a medical certificate from a qualified medical/health practitioner
showing the nature of illness of the person concerned and such other
information as may be reasonably necessary to demonstrate that the illness is
such as to require care by the employee and that no other appropriate care
arrangements are reasonably available, or
(c) establish
by production of documentation acceptable to the employer or a statutory declaration, the
nature of the emergency and that such emergency resulted in the person
concerned requiring care by the employee.
(v) The
entitlement to use sick leave in accordance with this subclause is subject to:
(a) the
employee being responsible for the care of the person concerned; and
(b) the
person concerned being:
(1) a
spouse of the employee; or
(2) a
de facto spouse, who, in relation to a person, is a person of the opposite sex
to the first mentioned person who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person, or
(3) a
child or an adult child (including an adopted child, a step
child, foster child or an ex nuptial child), parent (including a foster
parent, step parent and legal guardian), parents of spouse, grandparent,
grandchild or sibling (including half, foster and step sibling) of the employee
or spouse or de facto spouse of the employee; or
(4) a
same sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
(5) a
relative of the employee who is a member of the same household, where for the
purposes of this paragraph:
(a) 'relative'
means a person related by blood, marriage or affinity;
(b) 'affinity'
means a relationship that one spouse because of marriage has
to blood relatives of the other; and
(c) 'household'
means a family group living in the same domestic dwelling.
(vi) An employee may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a person who is ill or who requires
care due to an unexpected emergency.
(vii) An employee shall, wherever practicable, give the employer notice prior to the absence of the
intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
(viii) Carer’s Entitlement for Casual Employees
(a) Subject
to the evidentiary and notice requirements in subclauses (iv) and (vii) casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a person prescribed in subclause (v)(b) of this clause
who are sick and require care and support, or who require care due to an
unexpected emergency, or the birth of a child.
(b) The
employer and the 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.
(c) The
employer must not fail to re-engage a casual employee because
the employee accessed the entitlements provided for in this clause. The rights
of the employer to engage or not to engage a casual employee are otherwise not
affected.
(ix) Time off in Lieu of Payment for Overtime: An employee may, with
the consent of the employer, elect to take time in lieu of payment of overtime
accumulated in accordance with the provisions of Clause 21A of this Award for
the purpose of providing care and support for a person in accordance with
subclause (v) above.
(x) Make-up
time: An employee may elect, with the consent of the employer, to work 'make-up time', under
which the employee takes time off during ordinary hours, and works those hours
at a later time, within the spread of ordinary hours provided in the Award, at
ordinary pay for the purpose of providing care and support for a person in
accordance with subclause (v) above.
(xi) Annual Leave and Leave Without Pay: An employee may elect with
the consent of the employer to take annual leave or leave without pay for the
purpose of providing care and support for a person in accordance with subclause
(v) above. Such leave shall be taken in accordance with Clause 23D, Annual
Leave and Clause 23L, Special Leave of this Award.
(xii) An employee, other than a casual employee, with responsibilities
for an assistance animal, may in
accordance with this subclause, use any current or accrued sick leave
entitlement, for absences where an assistance animal that is ill or injured
requires veterinary care.
For
the purposes of this subclause an ‘assistance animal’ is defined in a manner
consistent with section 9 of the Disability Discrimination Act 1992 (Cth) to be guide dogs, hearing assistance dogs and trained
animals (excluding working dogs) that are trained:
(a) to
assist a person with a disability to alleviate the effect of the disability;
and
(b) to
meet standards of hygiene and behaviour that are
appropriate for an animal in a public place.
c.
EMERGENCY SERVICES LEAVE
(i) Subject to subclause (ii) of this
clause, an employee,
other than a casual, who engages in a ‘voluntary emergency management activity’
shall be entitled to up to five (5) days paid emergency services leave per
calendar year from their accrued sick leave balance to participate in such
activity.
(ii) An employee is not entitled to paid emergency services leave
under this clause if:
(a) the
employee has less than 12 months continuous service with the employer; or
(b) the
taking of the emergency services leave will result in the employee having an
accumulated sick leave balance of less than three (3) weeks.
Note:
An employee who does not qualify for Emergency Services Leave under this clause
may apply for special leave under clause 23L of this Award.
(iii) For the purposes of this clause, an employee engages in a
‘voluntary emergency management activity’ if, and only if:
(a) the
employee engages in an activity that involves dealing with an emergency or
natural disaster; and
(b) the
employee engages in the activity on a voluntary basis (Note: the activity is
not on a voluntary basis if the employee receives remuneration from the recognised emergency management body for lost wages or
salary); and
(c) the
employee is a member of, or has a member‑like association with, a recognised emergency management body;
and
(d) either:
(1) the
employee was requested by or on behalf of the body to engage in the activity;
or
(2) no
such request was made, but it would be reasonable to expect that, if the
circumstances had permitted the making of such a request, it is likely that
such a request would have been made.
(iv) For the purposes of this clause, a ‘recognised
emergency management body’
is:
(a) a
body, or part of a body, that has a role or function under a plan that:
(1) is
for coping with emergencies and/or disasters; and
(2) is
prepared by the Commonwealth, a State or a Territory; or
(3) a
fire‑fighting, civil defence or rescue body, or
part of such a body; or
(b) any other body, or part of a body, a substantial
purpose of which involves:
(1) securing
the safety of persons or animals in an emergency or natural disaster; or
(2) protecting
property in an emergency or natural disaster; or
(3) otherwise
responding to an emergency or natural disaster.
(v) For
the purposes of this clause, an ‘emergency’ means an event, actual or imminent,
which endangers or threaten to endanger life, property or the environment and
which requires a significant and coordinated response.
(vi) The employer may require proof of participation in the voluntary
emergency management activity
to justify payment under this clause.
D. ANNUAL LEAVE
Amount of Annual Leave
(i) For each
year of service an employee (other than a casual) is entitled to:
(a) 4 weeks of paid annual leave; or
(b) 5 weeks of paid annual leave if the
employee is regularly required to work a seven day a week rotating roster
system.
Accrual of leave
(ii)
(a) An employee’s entitlement to paid annual
leave accrues progressively during a year of service according to the
employee’s ordinary hours of work, and accumulates
from year to year.
(b) Paid annual leave accrues up to when the
employment ends.
Taking paid annual leave
(iii) Unless otherwise provided, paid annual
leave may be taken for a period agreed between the employee and the employer.
(iv) The employer must not unreasonably refuse
to agree to a request by the employee to take paid annual leave.
Annual
leave at full pay, half pay or double pay
(v)
(a) This subclause applies to an employee who
is an employee of a ‘council’ within the meaning of the Local Government Act
1993 (NSW).
(b) An employee who is entitled to annual
leave may, with the consent of the employer,
take annual leave:
(1) on full pay; or
(2) on half pay; or
(3) on double pay.
(c) When an employee takes annual leave, the leave
entitlement will be deducted on the following basis:
(1) a period of leave on full pay – the
number of days so taken; or
(2) a period of leave on half pay – half the
number of days so taken; or
(3) a period of leave on double pay – twice
the number of days so taken.
(d) When an employee takes annual leave, the
period of service for the purpose of leave accruals shall be as follows:
(1) a period of leave on full pay – the
number of days so taken; or
(2) a period of leave on half pay – half the
number of days so taken; or
(3) a period of leave on double pay – the
number of days so taken.
(e) The entitlement to taken annual leave at
double pay is only available to an employee if, after taking the period of
leave, the employee will have an accrued annual leave entitlement of not less
than four (4) weeks.
(f) Employees that take annual leave at half
pay or double pay shall not be disadvantaged nor obtain a windfall gain in
relation to superannuation contributions.
Payment in lieu of annual leave
(vi)
(a) This subclause applies to an employee who
is an employee of a ‘council’ within the meaning of the Local Government Act
1993 (NSW).
(b) An employee and an employer may agree to
a payment in lieu of a period of annual leave to which the employee is entitled
only if:
(1) after the payment the employee will have
an accrued annual leave entitlement of not less than four (4) weeks; and
(2) the payment in lieu of a period of annual
leave is not less than the employee’s ordinary pay.
(c) Periods
of annual leave that are cashed out shall not attract any accruals.
(d) Employees
that are paid in lieu of annual leave shall not be disadvantaged nor obtain a
windfall gain in relation to superannuation contributions.
Requirement to take annual leave
(vii) The employer may direct an employee to take annual leave by giving
at least four weeks prior notification in the following circumstances:
(a) where
the employee has accumulated in excess of eight weeks
annual leave
(b) a
period of annual close-down of up to and including two (2) weeks.
Provided
that:
(1) Where
an employee has accrued more annual leave than the period of the annual close down, the balance of such leave shall be taken in
accordance with subclause (i) of this clause.
(2) In
the case of employees who are not entitled to annual leave or do not have an
entitlement sufficient to cover the period of the close-down, the
employer shall endeavour to provide meaningful duties as are within the
limits of the employee's skill, competence and training for the whole or part
of the close-down.
(3) In
the event that meaningful duties are not available the employee may be directed
to take leave without pay, or by agreement with the
employer may take
annual leave in advance of the entitlement provided that in the event of the
employee leaving employment before the entitlement becomes due, such annual
leave shall be repaid by a deduction from the employee's termination pay.
(4) In
the event that leave without pay is directed to be taken, such leave shall be
regarded as service for the purpose of the accrual of long service leave, sick
leave and annual leave.
(5) Any
arrangements concerning annual close down made under
previous Awards will continue to apply unless otherwise agreed, provided that
any request to change the arrangement shall not be unreasonably refused.
Employee not taken to be on paid
annual leave on Public Holidays
(viii) If the period during which an employee takes
paid annual leave includes a day or part‑day that is a declared public
holiday in the place where the employee is based for work purposes, the
employee is taken not to be on paid annual leave on that declared public
holiday.
Payment for annual leave
(ix) Unless otherwise provided, if an employee
takes a period of paid annual leave, the employer must pay the employee at the
employee’s ordinary pay for the
period of annual leave either
before the commencement of the employee’s annual leave, or by agreement through
the usual pay periods.
Resignation or termination of
employment
(x) On
resignation or termination of employment, the employer shall pay to the employee their
ordinary pay for all accrued untaken annual leave.
Varying rates of pay
(xi) Where an employee receives a varying rate of ordinary pay for 6
months or more in the aggregate in the preceding 12 month
period, the employee's ordinary pay shall be deemed to be the average weekly
ordinary pay earned during the period actually worked over the 12 months
immediately preceding the annual leave or the right to payment under this
clause.
Recrediting annual leave
(xii)
(a) An
employee who becomes ill or injured whilst on annual leave is entitled to have
the leave recredited and replaced with sick leave subject to the employer being
satisfied that:
(1) the
illness or injury resulted in the employee being unable to derive benefit from
the leave, and
(2) the
illness or injury did not arise from the employee engaging in other employment,
and
(3) the
period of illness or injury is at least five (5) consecutive working days, and
(4) the
employee will be returning to work at the conclusion of the leave; and
(5) the
employee has enough sick leave to cover the period of illness or injury.
(b) The
employer may require the employee to provide satisfactory medical evidence to
justify the recrediting of the annual leave.
E. LONG SERVICE LEAVE
(i)
(a) An
employee (other than a casual) shall be entitled to Long Service Leave at
ordinary pay as follows:
LENGTH OF SERVICE
|
ENTITLEMENT
|
After 5
years' service
|
6.5 weeks
|
After 10 years'
service
|
13 weeks
|
After 15
years' service
|
19.5 weeks
|
After 20
years' service
|
30.5 weeks
|
For every
completed period of 5 years' service thereafter
|
11 weeks
|
(b) A
casual employee shall be entitled to long service leave in accordance with the Long
Service Leave Act 1955 (NSW), provided that in calculating the employee’s
long service leave entitlement there shall be a deduction of the long service
leave accrued as a casual employee prior to 1 July 2023.
Note:
prior to
1 July 2023 the casual loading compensated casual employees for long service
leave.
(c) Where
an employee (other than a casual) has completed more than five years’ service
with the employer and is terminated for any cause, long service leave
shall be deemed to have accrued for the employee's total length of service and
an amount equivalent to such long service leave, less such leave already taken,
computed in monthly periods and equivalent to 1.3 weeks for each year of
service up to 15 years and 2.2 weeks for each year of service from 15 years
onwards.
(d) Where
an employee (other than a casual) has completed more than five (5) years of
service with the employer, the employee shall be entitled to apply for long
service leave accrued between each completed five (5) years of service on a pro
rata basis calculated monthly. Such an application shall not be unreasonably
refused.
(ii)
(a) An
employee (other than a casual) who is entitled to long service leave may, with
the consent of the employer, take long service leave:
(1) on
full pay; or
(2) on
half pay; or
(3) on
double pay.
(b) When
an employee (other than a casual) takes long service leave, the leave
entitlement will be deducted on the following basis:
(1) a
period of leave on full pay – the number of days so taken; or
(2) a
period of leave on half pay – half the number of days so taken; or
(3) a
period of leave on double pay – twice the number of days so taken.
(c) When
an employee (other than a casual) takes long service leave, the period of
service for the purpose of leave accruals shall be as follows:
(1) a
period of leave on full pay – the number of days so taken; or
(2) a
period of leave on half pay – half the number of days so taken; or
(3) a
period of leave on double pay – the number of days so taken.
(d) Employees
that take long service leave at half pay or double pay shall not be
disadvantaged nor obtain a windfall gain in relation to superannuation
contributions.
(iii)
(a) Long
service leave shall be taken at a time mutually convenient to the employer and employee, provided that all
long service leave accruing on or after 23 June 1988 shall be taken within five
years of it falling due. The employer may direct an employee to take long
service leave accrued on or after 23 June 1988 and not taken within five years
of it falling due provided that at least four weeks’ notice is given to the
employee.
(b) Payment
to an employee proceeding on long service leave shall be made by the
employer at the
employee’s ordinary pay calculated according to how the leave is taken (i.e.
either full, half, or double ordinary pay) for the period of long service leave
either before the commencement of the employee’s long service leave, or by
agreement through the usual pay periods.
(c) Where
an employee receives a varying rate of
ordinary pay for 6 months or more in the aggregate in the preceding 12 month period, the employee's ordinary pay shall be deemed
to be the average weekly ordinary pay earned during the period actually worked
over the 12 months immediately preceding the long service leave or the right to
payment under this clause.
(d) An
employee who has become entitled to a period of leave and the employee's
employment is terminated by resignation, death or dismissal for any cause shall
be deemed to have entered upon leave at the date of termination of the
employment and shall be entitled to payment accordingly.
(iv)
(a) For
the purpose of calculating long service leave entitlement in accordance with
subclause (i) of this clause all prior continuous
service with any other employer within New South Wales shall be deemed to be
service with the employer by which the employee is currently employed.
(b) Continuity
of service shall be deemed not to have been broken by transfer or change of
employment from one employer to another provided the period between cessation
of service with one employer and appointment to the service of another employer
does not exceed three months and such period is covered by accrued annual and
long service leave standing to the credit of the employee at the time of the
transfer, provided further that the employee concerned does not engage in work
of any kind during the period of paid leave between the cessation of service
with one employer and appointment to the service of another employer.
(v)
(a) An
employee (other than a casual) who is entitled to long service leave, may, with
the consent of the employer, cash out a particular amount of Excess Long
Service Leave. Excess long Service Leave means the long service leave that an
employee has accrued under the Award that is in excess of
the long service leave that the employee would have accrued if covered by
section 4 of the Long Service Leave Act 1955, (the “LSL Act”). For the purpose of this subclause, long service leave is
deemed to accrue under the LSL Act at the rate of 0.867 weeks per year of
service.
(b) Each
cashing out of a particular amount of Excess Long Service Leave must be by
separate agreement between the employer and the employee.
(vi) For the purpose of this clause, service shall include the
following periods: -
(a) Any
period of service with any of His Majesty's Forces provided that the employee
enlisted or was called up direct from the service of the employer.
(b) In
the case of an employee, transferred to the service of an employer of a new or
altered area - any period of service with the employer from which such employee
was transferred.
(c) Service
shall mean all service with the employer irrespective of the classification
under which the employee was employed.
(vii) There shall be deducted in the calculation of the employee's
service all leave of absence without payment not specifically acknowledged and
accepted by the employer as service at the time leave was taken.
(viii) When an employee transfers from one employer
to another, the former employer shall pay to the newly employing employer the
monetary equivalent of all long service leave accruing to the employee at the
time of transfer, up to a maximum of five (5) years of accrual, calculated at
the rate(s) of accrual applying to leave accrued in the five (5) years
immediately prior to the transfer. By
agreement between the former employer and the newly employing employer, more
than the monetary equivalent of five (5) years of accrued long service leave
may be transferred. However, an employee who at the time of transfer has
completed at least five years continuous service may elect to be paid the
monetary equivalent of the entitlement. Employees who at the time of transfer
elect to be paid the monetary equivalent of their long service leave
entitlement shall have that entitlement calculated by multiplying in completed
years and months their period of continuous service with the employer(s). A
statement showing all prior continuous service with the employer(s) of the
employee concerned shall be furnished together with details of the assessment
of the amount of money that shall be paid into a Long Service Leave Reserve
Account and appropriate notations made in the employer 's Long Service Leave
Record.
(ix) The employer which has received under subclause (viii) of this
clause a monetary equivalent of long service leave entitlement to cover an
employee's period of service with a previously employing employer(s) shall if
the employee subsequently leaves the service of that employing employer to seek
employment outside New South Wales Local Government before a long service leave
entitlement has become due, refund to such previously employing employer (s)
the amount paid.
(x) Long
service leave shall be exclusive of annual leave and any other holidays as
prescribed by clause 22, Holidays of this Award, occurring during the taking of
any period of long service leave, provided that where a public holiday falls
during a period where the employee has taken long service leave on half pay,
the public holiday shall also be paid at half pay.
(xi) When the service of an employee is terminated by death the employer shall pay to the employee's estate
the monetary equivalent of any untaken long service leave standing to the
employee's credit at the time of the employee's decease.
(xii) Where an employee's service is terminated at the end of a season
or through shortage of work, material or finance or through illness certified
by a duly qualified medical practitioner and such employee is re-employed by
the same employer within 12 months of termination of service, prior service
shall be counted for the purpose of this clause.
(xiii)
(a) An
employee who becomes ill or injured whilst on long service leave is entitled to
have the leave recredited and replaced with sick leave subject to the employer
being satisfied that:
(1) the
illness or injury resulted in the employee being unable to derive benefit from
the leave, and
(2) the
illness or injury did not arise from the employee engaging in other employment,
and
(3) the
period of illness or injury is at least five (5) consecutive working days, and
(4) the
employee will be returning to work at the conclusion of the leave; and
(5) the
employee has enough sick leave to cover the period of illness or injury.
(b) The
employer may require the employee to provide satisfactory medical evidence to
justify the recrediting of the long service leave.
F. UNPAID PARENTAL LEAVE AND NO SAFE JOB LEAVE (GENERAL)
Relationship with federal
legislation – Clauses 22F, 22G, 22H and 22I
of this Award shall apply in addition to:
(i) Chapter 2, Part 2-2, Division 5 –
‘Parental leave and related entitlements’ of the National Employment Standard (NES) under the Fair Work Act 2009
(Cth); and
(ii) the Paid Parental Leave
Act 2010 (Cth).
Note:
|
Division 5 of the Fair Work
Act 2009 (Cth) relates to:
|
unpaid
parental leave, including unpaid adoption leave
|
unpaid
special maternity leave
|
transfer
to a safe job and no safe job leave
|
G. PAID PARENTAL LEAVE
(i) General
An
employee can elect to receive one of the following leave options in connection
with the birth of a child, if they meet the relevant eligibility criteria:
·
Option 1: Parental Leave Make Up Pay
(inclusive of PPL instalments), or
·
Option 2: Paid Maternity Leave.
(ii) Option 1: Parental Leave Make Up Pay
(a) Definitions – in this clause:
(1) PPL instalments shall mean instalments paid during
the paid parental leave period under the Paid
Parental Leave Act 2010 (Cth).
(2) parental
leave make-up pay shall mean the employee’s ordinary pay, inclusive of
PPL instalments. Where an employee works
a varying number of ordinary hours for 6 months or more in the aggregate in the
12 month period immediately preceding leave associated
with the birth of a child, the employee’s ordinary hours shall be deemed to be
the average weekly number of ordinary hours worked during the 12 month period.
(b) Eligibility
(1) This
clause shall apply to employees who are receiving PPL instalments as a primary
or secondary claimant under Chapter 3, Part 3-1 of the Paid Parental Leave Act 2010
(Cth) and who have had at least 12 months
continuous service with the employer immediately prior to the commencement of paid
parental leave.
(2) This
clause shall not apply to employees who elect to receive paid maternity leave.
(3) This
clause shall not apply where another employee of the employer receives paid
maternity leave in connect with the pregnancy or birth of the child
(c) Entitlement
to parental leave make-up pay
(1) An
employee shall be entitled to parental leave make-up pay for the period that they
are receiving PPL instalments, up to a maximum of 26 weeks.
(2) The
period of parental leave make-up pay shall be counted as service for the
purposes of long service, annual and sick leave accruals and superannuation.
Superannuation is calculated on the employee's ordinary pay.
(3) Requalification
period – An employee shall not be entitled to a further period of parental
leave make up pay unless the employee has returned to work for the employer for
at least 3 months since their previous period of parental leave.
(iii) Option 2: Paid Maternity Leave
(a) Definitions
– in this clause:
(1) Paid
maternity leave shall mean leave taken by a female employee in connection with
the pregnancy or the birth of a child of the employee. Paid maternity leave
consists of an unbroken period of leave.
(b) Eligibility
(1) This
clause shall apply to full time and part time female employees who have had at
least 12 months continuous service with the employer immediately prior to the
commencement of maternity leave and to female casual employees who have worked
on a regular and systematic basis with the employer for at least 12 months
prior to the commencement of maternity leave.
(2) Requalification
period – An employee shall not be entitled to a further period of paid
maternity leave unless the employee has returned to work for the employer for
at least 3 months since their previous period of paid maternity leave.
(3) Paid
maternity leave may not be extended beyond the first anniversary of the child's
birth.
(4) This
clause shall not apply to employees who elect to receive parental leave make up
pay.
(5) This
clause shall not apply where another employee of the employer receives parental
leave make-up pay in connection with the pregnancy or birth of the child.
(c) Entitlement
to paid maternity leave
(1) Paid
maternity leave shall be for 9 weeks on full pay or 18 weeks at half pay, or a
combination of full pay and half pay that does not exceed the equivalent of 9
weeks on full pay.
(2) Payment
for paid maternity leave is to be based on the employee’s ordinary pay
applicable prior to the commencement of the leave period. Permanent part time
employees will be paid on a pro-rata basis calculated on the regular number of
hours worked. A casual employee's rate of pay will be calculated by averaging
the employee's ordinary pay in the 12 months immediately prior to the employee
commencing paid maternity leave.
(3) Employees
may choose to commence paid maternity leave before the expected date of birth.
(4) The
period of paid maternity shall be counted as service for the purposes of long
service, annual and sick leave accruals and superannuation. Superannuation is
calculated on the employee’s ordinary pay.
(5) Paid
maternity leave shall be exclusive of public holidays. Where a public holiday
falls during a period where the employee has taken either paid maternity leave
or annual or long service leave on half pay, the public holiday shall also be
paid at half pay. Further, all entitlements shall accrue during periods of
leave at half pay on a proportionate basis.
(d) Notice
of intention to take paid maternity leave
The
employee must:
(1) provide
the employer with certification of the expected date of confinement at least 10
weeks before the child is due. This is known as the first notice.
(2) advise
the employer in writing of her intention to take paid maternity leave and the
proposed start date at least 4 weeks prior to that date. This is known as the
second notice.
(3) provide
a signed statutory declaration that the employee will be the primary care giver
to the child and that the paid maternity leave will not be taken in conjunction
with any partner accessing paid parental leave entitlements.
H. CONCURRENT PARENTAL LEAVE
An employee, other than a casual,
who is a supporting parent shall be entitled to up to two weeks paid concurrent
parental leave from their accrued sick leave balance at the time their partner
gives birth to a child or at the time the employee adopts a child provided that
the employee has had 12 months continuous service with the employer immediately
prior to the commencement of their concurrent parental leave.
I. ADOPTION LEAVE
(i) Eligibility
This
clause applies to an employee who is entitled to adoption-related leave under
the Fair Work Act 2009 (Cth).
(ii) Pre-adoption Leave
(a) An
employee, other than a casual, who is entitled to unpaid pre-adoption leave
under the Fair Work Act 2009 (Cth)
is entitled to up to 2 days paid pre-adoption leave at ordinary pay for the
period of such leave.
(b) An
employee who is entitled to a period of paid pre‑adoption leave is
entitled to take the leave as:
(1) single
continuous period of up to 2 days; or
(2) any
separate periods to which the employee and the employer agree.
(iii) Adoption Leave
(a) Subject
to subclause (c), an employee, other than a casual, who has or will have
primary responsibility for the care of an adopted child is entitled to paid
adoption leave at ordinary pay from the date the child is placed with the
employee for adoption according to the following scale:
AGE OF CHILD AT THE DATE OF PLACEMENT
|
ENTITLEMENT
|
Less than 5 years of age
|
9 weeks full pay, or
|
|
18 weeks half pay
|
Between 5 years of age and less
than 16 years of age
|
4 weeks full pay, or
|
|
8 weeks half pay
|
(b) Notwithstanding
the above, where the adopted child is aged between 5 years of age and less than
16 years of age at the date of placement with the employee and there are
special needs and reasons in the child’s life, the employer shall not
unreasonably refuse to grant up to nine weeks paid adoption leave at full pay
or 18 weeks paid adoption leave at half pay.
(c) An
employee is not entitled to paid adoption leave under this clause where the
employee receives parental leave make-up pay in connection with the adoption of
the child.
(iv) Family reunion leave
(a) An
employee, other than a casual, able to establish that they were adopted under a
"closed adoption" practice shall be entitled to up to five (5) days
family reunion leave from their accumulated sick leave balance to reunite with
their biological parent(s) for the first time.
(b) For
the purpose of this sub-clause “closed adoption” means an adoption whereby the
record of the biological parent(s) is kept sealed and
the adopted child is thereby prevented from knowing the identity of such
biological parent(s).
J.
Bereavement leave
(i) Subject to this clause, where an
employee, other than a casual, is absent from duty because of the death of a
person and provides satisfactory evidence to the employer of such, the employee
shall be entitled to bereavement leave as follows:
(a) Up
to four days paid bereavement leave upon the death of a member of the
employee’s immediate family; or
(b) Up
to two days paid bereavement leave upon the death of a member of the employee’s
extended family;
(ii) For the purposes of this clause, immediate family shall mean
the following:
(a) a
spouse or de facto partner of the employee;
(b) a
child of the employee (including a miscarriage, or stillborn as defined in
section 6 of the Paid Parental Leave Act 2010);
(c) a
parent of the employee;
(d) a
sibling of the employee;
(e) a
grandchild of the employee;
(f) a
grandparent of the employee:
(g) a
child of the spouse or de facto partner of the employee (including a
miscarriage, or stillborn as defined in section 6 of the Paid Parental Leave
Act 2010);
(h) a
parent of the spouse or de facto partner of the employee;
(i) a sibling of the spouse or de facto
partner of the employee;
(j) a
grandchild of the spouse or de facto partner of the employee;
(k) a
member of the employee’s extended family living in the same domestic dwelling
as the employee.
(iii) For the purposes of this clause, extended family shall mean the
following:
(a) a
niece of the employee;
(b) a
nephew of the employee;
(c) an
uncle of the employee;
(d) an
aunt of the employee;
(e) a
grandparent of the spouse or de facto partner of the employee;
(f) the
spouse or de-facto partner of a sibling of the employee;
(g) the
spouse or de-facto partner of the employee’s child (son in law or daughter in
law).
(iv) The employer may grant an employee additional bereavement leave
if satisfied that extenuating circumstances exist.
(v) Bereavement
Entitlements for Casual Employees
(a) Subject
to providing satisfactory evidence to the employer, casual employees are
entitled to not be available to attend work, or to leave work upon the death of
a person as provided in subclauses (i) to (iv) of
Clause 23J, Bereavement Leave.
(b) The
casual employee is not entitled to any payment for the period of
non-attendance.
(c) The
employer must not fail to re-engage a casual employee because the employee
accessed the entitlements provided for in this clause. The rights of the
employer to engage or not engage a casual employee are otherwise not affected.
K. OTHER PAID LEAVE
(i) Jury Service Leave
An
employee required to attend for jury service during the employee's ordinary
working hours shall be reimbursed by the employer an amount equal to the
difference between the amount in respect of the employee's attendance for such
jury service and the amount of wage the employee would have received in respect
of the ordinary time the employee would have worked had the employee not been
on jury service. An employee shall notify the employer as soon as possible of
the date upon which the employee is required to attend for jury service.
Further the employee shall give the employer proof of attendance, the duration
of such attendance and the amount received in respect of such jury service.
(ii) Union Training Leave
(a) An
eligible employee shall be entitled to up to five (5) days paid leave to attend
courses which are specifically directed towards relevant training for eligible
employees.
(b) For the purpose of this clause relevant
training for eligible employees is training directly related to:
(1) Eligible employees’ rights and
responsibilities in their capacity as union delegates.
(2) Understanding this Award, enterprise
agreements, council agreements, and council policies.
(3) Grievance and dispute procedures, and
disciplinary procedures;
(4) Code of Conduct;
(5) Bullying, harassment, and discrimination.
(c) Such leave
will be available to an individual eligible employee once only during their
employment, provided that the employer shall not unreasonably refuse additional
training where:
(1) There is a change in relevant provisions
of this Award; or
(2) More than three (3) years has elapsed
since the eligible employee last took leave for the purpose of this clause.
(d) An
eligible employee is defined as a full-time or part-time employee:
(1) Who is a
union delegate, who has been duly appointed by a union and the employer has
been formally notified of that appointment; and
(2) Who has
completed 12 months continuous service with the current employer, unless
otherwise agreed.
(e) An
eligible employee must comply with the following notice requirements:
(1) Provide the employer with
at least four (4) weeks prior notice in writing of their request to attend a
training course;
(2) Outline
details of the type, content and duration of the course to be attended in the
written notice.
(f) The
employer will consider a request for leave in accordance with this clause
having regard to:
(1) The
operational requirements of the employer; and
(2) The capacity
of the employer to make adequate staffing arrangements among current employees
during the proposed period of leave.
(g) An
employer must not unreasonably refuse to agree to a request by the employee to
take training leave.
(h) An
employer will not be liable for any additional expenses associated with an
employee's attendance at a course other than the payment of ordinary pay for
such absence.
(i) An eligible employee will be required to
provide the employer with proof of attendance at, and satisfactory completion
of, the course to qualify for payment of leave.
(j) Nothing
in this subclause prevents an employer and employee from agreeing to additional
union training leave either with or without pay.
(k) Leave
granted pursuant to this clause counts as service for all purposes of this
award.
(iii) Union Conference Leave
Accredited
delegates to the unions’ annual conferences shall be granted paid leave for the
duration of the conference provided that the employer’s operational
requirements are met and the union notifies the
employer of the accredited delegates nominated to attend the conference at
least one month prior to the commencement of the conference.
L. SPECIAL LEAVE
(i) The employer may grant special leave,
either with pay or without pay, to an employee for a
period as determined by the employer to cover any specific matter approved by
the employer, including but not limited to:
(a) leave
for victims of family and domestic violence; or
(b) leave
for engaging in a voluntary emergency management activity; or
(c) compassionate
leave for employees facing unforeseen circumstances such as injury or terminal
illness; or
(d) leave
to attend to duties as a member of the Australian Defence
Force, provided such leave is consistent with the Defence
Reserve Service (Protection) Act 2001.
Note: Section 31 of the Defence
Reserve Service (Protection) Act 2001 provides that the period of
absence on defence service other than “continuous
full-time defence service is taken to be paid service
in employment.
(ii) Periods of leave without pay shall not be regarded as service
for the purpose of computing entitlements under this Award. Such periods of
leave without pay shall not however, constitute a break in the employee's
continuity of service.
(iii) An employee shall not be entitled to any payment for public
holidays during an absence on approved leave without pay.
M. Paid Family and domestic violence LEAVE
(i) Subdivision CA of Division 7 of Part 2-2
of the Fair Work Act 2009 (Cth) forms part of
this Award.
Note:
Division 2A of Part 6-3 of the Fair
Work Act 2009 (Cth) extends federal entitlements
to family and domestic leave to all employers/employees, including NSW local
government employers/employees.
Under the Fair Work Act 2009
(Cth) all employees can access 10 days of paid family
and domestic violence leave during each 12 month
period of employment. This includes part-time and casual employees. The
entitlement does not accumulate from year to year.
24. Flexibility for Work
(i) In recognition of the commitment to
provide flexibility for work and family responsibilities and the need to retain
skills and experience within the industry, employers are encouraged to develop
and promote flexible work and leave arrangements to enable their employees to
better manage their work and family responsibilities.
Requests for a change in working
arrangements
(ii) An employee (other than a casual) may request a change in
working arrangements including but not limited to:
(a) make
up time;
(b) flexi
time;
(c) time
in lieu;
(d) leave
without pay;
(e) annual
leave;
(f) part-time
work;
(g) job
share arrangements;
(h) variations
to ordinary hours and rosters;
(i) purchased additional annual leave arrangements;
(j) remote
work arrangements (e.g. working from home arrangements); and
(k) arrangements
to accommodate breastfeeding women.
(iii) The employee’s request must be in writing and include:
(a) the
nature of the proposed change (i.e. relevant details);
(b) the
reason(s) for the proposed change;
(c) likely
effects of the proposed change; and
(d) such
other information as is reasonable in the circumstances.
Mutual duty to discuss requests
for changes in working arrangements
(iv) The employee and employer must discuss requests for changes in
working arrangements as soon as practicable, give prompt consideration to any
issues/concerns raised in relation to the request, and explore measures to
avert or mitigate any adverse effects of the proposed change.
Responding to a request for
changes in working arrangements
(v) The
employer has a right to approve or refuse an employee’s request for a change in
working arrangements provided that any such refusal is not unreasonable.
(vi) If sought by the employee, the employer must provide the
employee with its reason(s) in writing for refusing their request for a change
in working arrangements.
(vii) The terms of agreed changes in working arrangements must be in
writing.
Note: The terms of agreed changes in working arrangements
should include, but not be limited to, the nature of the change, the duration
of the change, and a review date (if relevant).
25. Phased Retirement
(i) In recognition of the ageing workforce
in local government and the need to retain skills and experience within the
industry, employers are encouraged to develop and promote flexible work and
leave arrangements to enable their employees to better manage their transition
into retirement.
(ii) Examples of flexible work and leave arrangements include:
(a) Part-time
work;
(b) Flexi
time;
(c) Leave
without pay;
(d) Job
sharing arrangements;
(e) Variations
to ordinary hours and rosters;
(f) Job
redesign; and
(g) Purchased
additional annual leave arrangements.
(iii) The terms of a flexible work and leave arrangements shall be in
writing and may be varied from time to time, by agreement, to suit the specific
needs of either the employer or the employee.
26. Health and Wellbeing
(i) The
parties to the Award recognise that workplace health
and wellbeing programs can lead to positive outcomes such as improved employee
work performance and productivity, improved employee recruitment and retention,
reduced absenteeism, and other benefits.
(ii) Employers are encouraged to develop workplace health and/or
wellbeing programs.
(iii) An employee may, with the consent of the
employer, take up to two (2) days paid leave per calendar year from their
accrued sick leave balance to participate in a health and/or wellbeing
activity, subject to the following:
(a) the granting of paid leave under this
clause is at the discretion of the employer; and
(b) the taking of paid leave under this
clause must not result in the employee having an accumulated sick leave balance
of less than two (2) weeks; and
(c) the employer may require proof of
participation in the health and/or wellbeing activity to justify payment under
this clause.
27. Part-Time Employment
(i) A part-time employee shall mean an
employee who is engaged on the basis of a regular
number of hours which are less than the full-time ordinary hours in accordance
with Clause 20, Hours of Work of this Award.
(ii) Prior to commencing part-time work the
employer and the employee shall agree upon the conditions under which the work
is to be performed including:
(a) The
hours to be worked by the employee, the days upon which they shall be worked
and the commencing times for the work.
(b) The
nature of the work to be performed.
(c) The
salary system rate of pay in accordance with this Award
(iii) The conditions may also stipulate the period of part-time
employment.
(iv) The conditions may be varied by consent.
(v) The
conditions or any variation to them must be in writing and retained by the
employer. A copy of the conditions and any variations to them must be provided
to the employee by the employer.
(a) Where
it is proposed to alter a full-time position to become a part-time position
such proposal shall be referred to the consultative committee for information.
(b) In
such cases the employer and the employee shall agree upon the conditions, if
any, of return to full-time work.
(vi) A part-time employee may work more than their regular number of hours
at ordinary pay by agreement. Where an employee works hours outside the spread
of hours in clause 20, Hours of Work of this Award, the provisions of clause
21, Overtime, shall apply.
(vii) Part-time employees shall receive all conditions prescribed by
the Award on a pro-rata basis of the regular hours worked. An adjustment to the
accrued leave entitlements may be required at the conclusion of each service
year based on the proportion of actual hours worked.
(vii) Where a public holiday falls on a day where a part-time employee
would have regularly worked the employee shall be paid for the hours normally
worked on that day.
(ix) A change to full-time employment from part-time employment or to
part-time employment from full-time employment shall not constitute a break in
the continuity of service. All accrued entitlements shall be calculated in
proportion to the hours worked in each employment arrangement.
28. Casual Employment
(i) A casual employee shall mean an employee
engaged on a day to day basis.
(ii)
(a) A
casual employee shall not:
(1) replace
an employee of the employer on a permanent basis; or
(2) be
engaged by the employer on a permanent basis.
(b) An
employee engaged under this clause for a period in excess of
12 months may request that the employer review the nature of their engagement.
(1) A
review under subclause (ii)(b) shall examine whether or not
the position is more appropriately filled by a permanent employee. In undertaking this review the employer shall
have regard to the following matters:
·
the genuine operational reasons that align
with the nature of the role;
·
the service requirements of the position;
·
the seasonal nature of the role;
·
if the position is contingent upon
external funding; and
·
any other relevant matter.
(2) As
a result of a review conducted under subclause (ii)(b) an employee may be
invited to apply for a permanent position with the employer.
(iii) A casual employee shall be paid the hourly salary system rate of
pay for ordinary hours worked in accordance with clause 20, Hours of Work.
(iv) Casual employees who work on Saturday and/or Sunday are entitled
to penalty rates prescribed by clause 20B. The penalties are calculated on the
hourly salary system rate of pay.
(v) Casual
employees who work outside the relevant spread of hours identified at clause
20C(i) and (iii) are entitled to a shift penalty. The
penalty is calculated on the hourly salary system rate of pay.
(vi) Subject to clause 21A(viii), a casual employee will not be
offered to work overtime in a position held by a permanent employee of the
employer, if such permanent employee is available to work that overtime.
Overtime shall be paid where a casual employee works outside the ordinary hours
for that position. In cases where there are no ordinary hours for the position,
overtime shall be paid for the hours worked in excess of
those prescribed in Clause 20, Hours of Work.
(vii) In addition to the amounts prescribed by subclause (iii) of this
clause, a twenty-five percent loading, calculated on the hourly salary system
rate of pay, shall be paid. This loading shall not attract any penalty. This
loading shall be paid in lieu of annual leave, sick leave, and severance pay.
Casual loading is not payable on overtime.
(viii) Casual employees engaged on a regular and systematic basis shall
have access to annual assessment under the employer’s salary system.
(ix) Carer’s entitlements shall be available for casual employees as
set out in subclause (viii) of Clause 23, Part B of this Award.
(x) Bereavement
entitlements shall be available for casual employees as set out in subclause
(v) of Clause 23J of this Award.
29. Job Share Employment
(i) Job sharing is a form of part-time
employment where more than one employee shares all the duties and
responsibilities of one position.
(ii)
(a) Job
sharing shall be entered into by agreement between the employer and the
employees concerned.
(b) Such
agreement shall be referred to the consultative committee for information.
(iii) The employer and the job sharers shall agree on the allocation
of work between job sharers.
(iv)
(a) The
ordinary hours of work of the position shall be fixed in accordance with clause
20, Hours of Work of this Award.
(b) The
job sharers in conjunction with the employer shall agree on the hours to be
worked. Such agreement shall specify the regular number of ordinary hours to be
worked by each job sharer.
(v)
(a) In
the absence of a job sharer the remaining job sharer(s) may be required by the
employer to relieve the absent job sharer provided the remaining job sharer(s)
are reasonably available.
(b) In
such cases the relieving job sharer(s) shall be paid their ordinary pay for the
time relieving.
(vi) A job sharer may work more than their regular number of hours at
ordinary pay by agreement. Where an employee works hours outside the spread of
hours in clause 20, Hours of Work of this Award the provisions of clause 21,
Overtime, shall apply.
(vii) The employer must establish appropriate communication mechanisms
between the job sharers to facilitate the handing over of tasks from one job
sharer to another.
(viii)
(a) Job
sharers shall have access to all provisions of this Award including training
and development.
(b) Job
sharers shall receive pro-rata pay and conditions in proportion to the ordinary
hours worked by each job sharer.
(c) An
adjustment to accrued leave entitlements may be required at the conclusion of
each service year based on the proportion of actual hours worked.
(d) A
change to job sharing from full-time or part-time employment or from job
sharing to full-time or part-time employment shall not constitute a break in
the continuity of service. All accrued entitlements shall be calculated in
proportion to the hours worked in each employment arrangement.
(ix) In the event of a job sharer vacating the position the employer
shall review the position and shall consider filling the vacancy or offering
the remaining job sharer(s) increased hours.
(x) The
terms of a job share arrangement or any variation to it must be in writing. A
copy of the arrangement and any variation to it must be provided to the job
sharer(s) by the employer.
30. Labour Hire
(i) Labour hire
staff employed by a labour hire business shall not be
engaged on a permanent basis in work functions ordinarily filled by permanent
employees of the employer. In ensuring
that labour hire staff are not engaged on a permanent
basis the employer shall review the use of labour
hire services on an annual basis.
(ii) This clause does not apply to the employment of apprentices
and/or trainees by a group training business.
(iii) For the purpose of this clause:
(a) a
“labour hire business” is a bona fide labour hire business (whether an organisation,
business enterprise, company, partnership, co-operative, sole trader, family
trust or unit trust, corporation and/or person) which supplies staff employed
or engaged by it to the employer on an on-hire basis for the purpose of such
staff performing work or services for that employer. Provided that a business
is not a labour hire business if:
(1) the staff of that business are not
performing the specific duties of a position(s) covered by the employer’s organisation structure;
(2) the business is providing professional
business services which cannot reasonably be fulfilled by the employer’s
employees, for a specified period of time or for a specific task (for example,
legal, financial or accounting services);
(3) the
business is a bona fide contractor providing both equipment and employees to
the employer; or
(4) the business is another entity covered by
this Award.
(b) a
“group training business” is a bona fide group training 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 apprentices and/or trainees to the employer for the purpose of such
staff performing work or services as an apprentice or trainee for that
employer.
(iv) Notwithstanding the provisions of subclause (i),
the employer and the relevant union may agree in writing that the employer may
replace an employee of the employer on a permanent basis with the employee of a
labour hire business.
31. Multiple Employment
Where an employee is employed in
a second position with the employer the second position shall, for all purposes
of the Award, be regarded as a separate and distinct employment engagement from
the original employment provided that:
(i) the positions involve different duties or are in different work function areas;
and
(ii) the employee agreed to the employment in the second position.
32. Junior and Trainee Employment
A. GENERAL
(i) The rates of pay specified in Band
1/Level 1 are minimum rates.
(ii) Employees engaged at the T3 rate of pay or above may be
required to possess a Provisional or Class C Drivers Licence.
B. JUNIOR EMPLOYMENT
(i) The rates of pay as provided in Band
1/Level 1 are payable to juniors (15-18 years old).
(ii) A junior employee shall be appointed to Band 1/Level 1
according to either their age or educational qualification, whichever provides
for the higher rate of pay.
(iii) Progression along the scale is automatic up to and inclusive of
T4, according to the employee's age.
C. TRAINEE EMPLOYMENT AND
APPRENTICESHIPS
(i) The rates of pay as provided for in Band
1/Level 1 are payable to employees undertaking entry level training.
(ii) An employee shall be appointed to Band 1/Level 1 according to
either their age or educational qualification, whichever provides for the
higher rate of pay.
(iii) Progression along the scale is not automatic,
but is subject to successful completion of appropriate training modules
and satisfactory service.
(iv) If the employment is to be continued beyond the training period
upon the successful completion of training, the employee shall proceed to the
appropriate band and level in the structure.
(v) In
addition to the vocational training direction, the employer shall provide an
apprentice with the conditions of the apprenticeship in writing and these
conditions shall include:
(a) the
term of the apprenticeship;
(b) the
course of studies to be undertaken by the apprentice;
(c) the
course of on the job training to be undertaken by the
apprentice.
D. SCHOOL BASED TRAINEES AND
APPRENTICES
(i) The object of Part D of this clause is
to assist persons who are undertaking a traineeship or apprenticeship under a
training contract while also enrolled in the Higher School Certificate. Such school based traineeships/apprenticeships are undertaken at
a minimum Certificate II Australian Qualifications Framework (AQF)
qualification for traineeship level and a minimum Certificate III Australian
Qualifications Framework (AQF) qualification for apprenticeship level as
specified in the relevant Vocational Training Order pursuant to the Apprenticeship
and Traineeship Act 2001 (NSW).
(ii) The hourly rates for school based
trainees/apprentices for total hours worked including time deemed to be spent
in off-the-job training shall be calculated by dividing the applicable weekly
rate for full time apprentices as set out in Band 1/Level 1 by 38 or 35 in
accordance with clause 20, Hours of Work.
(iii) For the purpose of subclause (ii), where a school
based trainee/apprentice is a full time school student, the time spent
in off-the-job training for which the school based trainee/apprentice is paid
is deemed to be 25 per cent of the actual hours worked on-the-job each week.
The wages paid for training time may be averaged over the school term or year.
(iv) School based trainees/apprentices progress through the rates of
pay set out in Band 1/Level 1 subject to successful completion of appropriate
training modules and satisfactory service.
(v) Except
as provided by this Award, school-based trainees/apprentices are entitled to
pro rata entitlements of all other conditions of employment.
E. GOVERNMENT FUNDED TRAINEESHIPS
(i)
(a) Part
E of this clause does not apply to apprentices or trainees who are already
trained and job ready.
(b) A
government funded traineeship shall not commence until the relevant Training
Agreement has been registered with the relevant State Training Authority.
(c) Trainees
shall not displace existing employees from employment.
(ii)
(a) Except
as in hereinafter provided, all other terms and conditions of this Award shall
apply.
(b) Nothing
in this subclause shall be taken to replace the prescription of training
requirements for all other employees bound by this Award.
(iii) The
trainee shall attend an approved training course or training program prescribed
in the Training Agreement or as notified to the trainee by the relevant State
Training Authority in accredited and relevant Traineeship Schemes.
(iv) The employer shall ensure that the trainee is permitted to
attend the training course or program provided for in the Training Agreement
and shall ensure that the trainee receives the appropriate on-the-job training
in accordance with the Training Agreement.
(v) The
employer shall provide a level of supervision in accordance with the Training
Agreement during the traineeship period.
(vi) The trainee shall be permitted to be absent from work without
loss of continuity of employment and/or wages to attend the training in
accordance with the Training Agreement.
(vii) A
full-time trainee shall be engaged for a maximum of one year’s duration, except
in respect of AQF III and AQF IV traineeships which may extend up to two years
full time, provided that a trainee shall be subject to a satisfactory probation
period of up to one month which may be reduced at the discretion of the
employer. By agreement in writing, and with the consent of the relevant State
Training Authority, the relevant employer and the trainee may vary the duration
of the Traineeship and the extent of approved training provided that any
agreement to vary is in accordance with the relevant Traineeship Scheme.
(viii) Where
the trainee completes the qualification in the Training Agreement earlier than
the time specified in the Training Agreement then the traineeship may be
concluded by mutual agreement.
(ix)
(a) The
employer shall not terminate the trainee's service without providing written
notice of termination in accordance with the training agreement and
subsequently to the relevant State Training Authority as appropriate.
(b) Where
the employer chooses not to continue the employment of a trainee upon the
completion of the traineeship, it shall notify the relevant state training
authority as appropriate, of its decision.
(x) A
trainee who fails to complete the traineeship or who cannot for any reason be
placed in full-time employment with the employer on the successful completion
of the traineeship, shall not be entitled to any severance payments payable
pursuant to termination, change or redundancy provisions or provisions similar
thereto.
(xi) Where the employment of a trainee by the employer is continued
after the completion of the traineeship period, such traineeship period shall
be counted as service with the employer for the purposes of this Award or any
other legislative entitlements.
(xii) Wages:
(a) The
minimum weekly amount of pay payable to trainees shall be as provided in Table
1 of Part B, Traineeship Rates, of this Award.
(b) The
trainee wage rates contained in this Award are minimum rates and shall only
apply to trainees while they are undertaking an approved traineeship which
includes approved training as prescribed above.
33. Training and Development
(i) The parties to this Award recognise that increasing the efficiency and productivity
of the industry requires an ongoing commitment to education, training and skill
maintenance, development and enhancement. Accordingly, the parties commit
themselves to:
(a) developing
a more highly skilled and flexible workforce
(b) providing
employees with opportunities through appropriate education and training to
acquire additional skills and
(c) removing
barriers to the utilisation of skills in accordance
with employers' training plans.
(ii)
(a) All
employees shall have reasonable and equitable access to education and training,
such education and training shall:
(1) be
consistent with the employer's training plan
(2) enable
employees to acquire the range of skills they are required to apply in their
positions
(3) enhance
employees' opportunities for career path development and mobility through
employer's organisation structures, through
participation in the employers' training plans.
(4) Employees
who are required to either hold professional qualifications or complete further
professional qualifications and whose positions are evaluated in Band 3 or Band
4 of this Award, shall have access to continuing professional development (CPD)
that is consistent with the training plan for their position as follows:
(i) 10 hours per annum, or
(ii) in accordance with legislated CPD requirements,
whichever
is the greater.
(b) Nothing
in this clause prevents an employer and employee from agreeing to additional
CPD training.
(iii) Organisation Training Plan and Budget
(a) The
employer shall develop an organisation training plan
and budget consistent with:
(1) the
current and future skill requirements of the employer.
(2) the
size, structure and nature of the operations of the employer.
(3) the
need to develop vocational skills relevant to the employer and the Local
Government industry.
(b) In
developing the training plan, the employer shall have regard to corporate,
departmental and individual training needs.
(c) The
organisation training plan shall be designed in
consultation with the consultative committee.
(d) The
organisation training plan shall, where appropriate,
provide for training that is consistent with the relevant National Training
Package.
(e) The organisation training plan,
shall provide for the assessment and recognition of employee's current
competencies where possible.
(f) Selection
of participants to receive the employer’s required training in accordance with
employer’s training plan is to be based on merit and the needs of the employee
as identified in the employee's performance appraisal.
(iv) Training Plans for Positions
(a) Subject
to subclause (iv)(b) of this clause, employers may develop training plans for
positions (or for individual employees).
(b) If
requested by an employee (other than a casual or temporary employee) the
employer must develop a training plan for the employee.
(v) If
an employee is required by the employer to undertake training in accordance
with the employer’s training plan:
(a) the
employer shall grant the employee paid leave to attend course requirements,
including examinations, where the training is undertaken during ordinary
working hours;
(b) where
the course requirements contain more than a 15% off-the-job component
calculated over any 12 month period the extent to
which the employer will grant paid leave to attend such course requirements
shall be specified in the training plan;
(c) the
employer shall pay course fees at the commencement of each stage but shall not
pay course fees if the employee is repeating;
(d) the
employer shall either provide transport or pay reasonable travelling expenses
to enable employees to attend course requirements;
(e) reasonable
travel arrangements shall be agreed; and
(f) where
an employee is required to complete major assignment(s) the employer and the
employee shall agree upon appropriate flexible work and study arrangements as
are practicable.
(vi) The employer may grant an employee undertaking a course
consistent with the employer’s training plan, although not at the employer's
requirement, leave with pay or leave without pay to attend course requirements
provided that the employee gives reasonable notice of such requirements. Where
the employee is not granted such leave the employer
shall give preference in granting annual leave or other accrued leave to attend
course requirements provided that the employee gives reasonable notice of such
requirements. The employer may pay course fees at its discretion.
(vii) The parties shall continue to engage with the VET system to
ensure that the skills needs of local government are addressed in training
package development.
34. Consultative Committees
A. AIM
The parties to the Award are committed to consultative and
participative processes. There shall be a consultative committee at each
employer which shall:
(i) provide a
forum for consultation between the employer and its employees that encourages a
free and open exchange of views;
(ii) positively co-operate in workplace reform
to enhance the efficiency and productivity of the employer and to provide
employees with access to career opportunities and more fulfilling, varied and
better paid work.
B. SIZE AND COMPOSITION
(i) The size and
composition of the consultative committee shall be representative of the
employer’s workforce and agreed to by the employer and the local
representatives from the following unions: USU; depa
and the LGEA and such agreement shall not be unreasonably withheld.
(ii) The consultative committee shall include
but not be limited to employee representatives of each of the unions who have
members employed at the employer.
(iii) Officers of the union(s) or Association(s)
may attend and provide input to meetings of the consultative committee, at the
invitation of the consultative committee or their respective members.
C. SCOPE OF CONSULTATIVE
COMMITTEES
(i) The
functions of the consultative committee include:
(a) Award implementation
(b) training
(c) consultation with
regard to organisation restructure
(d) job redesign
(e) salary systems
(f) communication and education mechanisms
(g) performance management systems
(h) changes to variable working hours
arrangements for new or vacant positions
(i) local
government reform
(j) proposed variations to leaseback vehicle
arrangements
(k) health and wellbeing programs.
(ii) The consultative committee shall not
consider matters which are being or should be processed in accordance with
Award clause 36, Grievance and Disputes Procedures.
D. MEETINGS AND SUPPORT SERVICES
(i) The
consultative committee will make recommendations based upon consensus. Where
there is no consensus on a particular item, the recommendation to the employer
should note the dissenting views.
(ii) The consultative committee shall meet as
required.
35. Appointment and Promotion
(i) Where an employer is required by section
348 of the Local Government Act 1993 (NSW) to advertise a
position within the organisation structure of the employer,
prior to advertising the position externally, the employer may consider
advertising the position internally if such an approach enables suitably
qualified persons to apply for the position.
(ii) Where a job applicant for a position is unsuccessful, they may
request the reason(s) as to why they were not appointed, and upon such request,
the employer shall provide the reason(s).
(iii) Where an employee has applied for a position and their
application is unsuccessful, they may request a review of their individual
education and training needs.
(iv) Employers shall provide every new employee a copy of the Local
Government Employee Information Statement (“LGEIS”) approved by the Association
and Unions before, or as soon as possible after, they commence employment with
the employer.
36. Term Contracts
(i) The employer may only employ a person on
a term contract of employment in the following situations:
(a) for
the life of a specific task or project that has a definable work
activity, or
(b) to
perform the duties associated with an externally funded position
where the length of the employment depends on the length of the funding, or
(c) to
perform the duties associated with a vacant position until the
vacant position is filled on a permanent basis, provided that the duration is
no longer than is reasonably necessary to undertake recruitment for the vacant
position, or
(d) to
temporarily replace an employee who is on approved leave,
secondment, workers compensation, acting in a different position or working
reduced hours under a flexible work and leave arrangement, or
(e) to
undertake training and work as part of an apprenticeship, traineeship,
graduate training program or student work experience program in
conjunction with an education institution, or
(f) to
trial a new work area, provided that the duration is no longer
than is reasonably necessary to trial the new work area, or
(g) to
perform the duties associated with a vacant position during the intervening
period between when the employer has made a definite decision to
introduce major changes in production, program, organisation
structure or technology that are likely to have significant effects on
the employment in the vacant position and the date that the changes are
implemented; or
(h) to
accommodate time limitations imposed by law or sought by
the employee (e.g. visa restrictions); or
(i) to perform seasonal work (also see
subclause 23E(xii) of this Award).
(ii) As of the first full pay period on or after 1 July 2020,
employers shall identify in the letter of offer / contract of employment
offered to a prospective employee, and the position description (where
appropriate), the relevant situation identified in subclause (i) above that gives rise to employment pursuant to a fixed
or maximum term contract.
37. Grievance and Dispute Procedures
(i) At any stage of the procedure, the
employee(s) may be represented by their union or its local
representative/delegate and the employer represented by the Association.
(ii) The union delegate shall have reasonable time, without loss of
pay, to discuss a grievance, dispute, or concern regarding workplace bullying
with management at the local level where prior approval is sought. Such
approval shall not be unreasonably withheld.
(iii) A grievance or dispute shall be dealt with as follows:
(a) The
employee(s) shall notify the supervisor, or other authorised
officers of any grievance or dispute and the remedy sought, in writing.
(b) A
meeting shall be held between the employee(s) and the supervisor to discuss the
grievance or dispute and the remedy sought within two working days of
notification.
(c) If
the matter remains unresolved, the employee(s) may request the matter be
referred to the head of the department or other authorised
officer for discussion. A further meeting between all parties shall be held as
soon as practicable.
(d) If
the matter remains unresolved the general manager shall provide the employee(s)
with a written response. The response shall include the reasons for not
implementing any proposed remedy.
(e) Where
the matter remains unresolved, it may be referred to the employee's union or
representative and by the general manager or other authorised
officer to the Association for further discussion between the parties.
(iv) Subject to section 130 of the Industrial Relations Act 1996
(NSW), the Industrial Registrar may be advised of the existence of a
dispute at any stage of this procedure.
(v) During
this procedure and while the matter is in the course of
negotiation, conciliation and/or arbitration, the work practices existing prior
to the dispute shall as far as practicable proceed as normal. Nothing in this
clause shall prevent the employer from temporarily adjusting work practices,
where appropriate, to eliminate or control work, health and safety risks.
38. Disciplinary Procedures
A. EMPLOYEE'S RIGHTS
Notwithstanding the procedures
below, an employee shall:
(i) Have access to their personal files and
may take notes and/or obtain copies of the contents of the file.
(ii) Be entitled to sight, note and/or respond to any information
placed on their personal file which may be regarded as adverse.
(iii) Be entitled to make application to delete or amend any
disciplinary or other record mentioned on their personal file which the
employee believes is incorrect, out-of-date, incomplete or misleading.
(iv) Be entitled to request the presence of a union representative
and/or the involvement of their union at any stage.
(v) Be
entitled to make application for accrued leave for whole or part of any
suspension during the investigation process.
B. EMPLOYER'S
RIGHTS AND OBLIGATIONS
Notwithstanding the procedures
contained below, the employer shall:
(i) Be entitled to suspend an employee with
or without pay during the investigation process provided that:
(a) the
suspension shall not be for longer than is reasonably necessary to conduct a
proper investigation.
(b) the
suspension shall be limited to circumstances where suspected unsatisfactory
work performance or conduct, if substantiated, would constitute a serious
breach of the employer’s code of conduct, policies, procedures, or the
employee’s contract of employment.
(c) suspension
without pay during an investigation shall be for a period of not more than two
weeks, except where the progress of the investigation is delayed due to the
unavailability of the employee and/or their representative in which case the
period of suspension without pay may be extended for a further period of up to
7 days or such greater period by agreement.
(d) If,
after investigation, the reasons for the suspension are found to be
inappropriate, the employee shall not suffer any loss of pay for the period
under suspension.
(e) The
suspension shall not affect the employee's continuity of service for the
purposes of accruing leave entitlements.
(f) The
employer shall not unreasonably refuse an application for paid leave under this
provision.
(g) By
agreement an employee may be transferred to another position or place of work.
(ii) Be entitled to request the presence of an Association and/or
union representative at any stage.
C. Workplace investigations
(i) The parties
to the Award have agreed on guidelines (“guidelines”) concerning workplace
investigations.
(ii) Failure to comply with the guidelines may be
used as evidence that a person or employer has failed to properly conduct or
speedily conclude a workplace investigation.
However, a person or employer cannot be prosecuted only because of a
failure to comply with the guidelines.
(iii) Upon becoming aware of possible
unsatisfactory work performance or conduct by an employee the employer may
decide to investigate.
(iv) Workplace investigations are a process by
which employers gather information to assist the employer to make an informed
decision. Workplace investigations
typically involve enquiring, collecting information and ascertaining facts.
(v) When deciding whether to investigate
possible unsatisfactory work performance or conduct, factors that the employer
should consider include:
·
The seriousness of the possible
unsatisfactory work performance or conduct;
·
How recent the possible unsatisfactory
work performance or conduct occurred;
·
Potential implications in not undertaking
an investigation;
·
Whether there have been concerns, threats
or allegations made against the employee previously by any complainant;
·
Whether the complaint itself has been
copied to others, thereby indicating that any allegation about work performance
or conduct may be vexatious, punitive or harassment; and
·
Whether there are any mitigating factors
(for example drug/alcohol dependency, health issues including mental health
issues, or family/domestic violence issues).
(vi) Employers shall properly conduct and
speedily conclude workplace investigations concerning possible unsatisfactory
work performance or conduct.
D. Disciplinary PROCEDURES
(i) Where an
employee's work performance or conduct is considered unsatisfactory, the employee
shall be informed in the first instance of the nature of the unsatisfactory
performance or conduct and of the required standard to be achieved, by the
employee's immediate supervisor or other appropriate officer of the employer.
The employer and employee will discuss the reason(s) for the unsatisfactory
work performance or conduct including matters external to the workplace, and,
where appropriate, measures to assist the employee to improve their work
performance or conduct. Such measures
may include, for example, training, counselling and provision of an Employee
Assistance Program (EAP).
(ii) Unsatisfactory work performance or conduct
shall include, but not be limited to, neglect of duties, breach of discipline,
absenteeism and non-compliance with safety standards. A written record shall be
kept on the appropriate file of such initial warning. The employee shall be
entitled to sight and sign such written record and add any notations regarding
the contents of such record.
(iii) Where there is re-occurrence of
unsatisfactory work performance or conduct, the employee shall be warned
formally in writing by the appropriate officer of the employer and counselled.
Counselling should reinforce the standard of work or conduct expected and,
where the employee is failing to meet these required standards, a suitable
review period for monitoring the employee's performance; the severity of the
situation; and whether disciplinary action will follow should the employee's
work performance or conduct not improve. A written record shall be kept of such
formal warning and counselling. The employee shall be entitled to sight and
sign such written record and add any notations regarding the contents of such
record.
(iv) If the employee's unsatisfactory work
performance or conduct continues or resumes following the formal warning and
counselling, the employee shall be given a final warning in writing giving
notice of disciplinary action should the unsatisfactory work performance or
conduct not cease immediately.
(v) If the employee's work performance or
conduct does not improve after the final warning further disciplinary action
may be taken.
(vi) All formal warnings shall be in writing.
(vii) Delegates shall be provided reasonable time
without loss of pay, to represent members in disciplinary matters at the local
level, provided prior approval is sought. Such approval shall not be
unreasonably withheld.
E. PENALTIES
(i) After complying with the requirements
above, the employer may:
(a) Demote
the employee to a lower paid position or a lower salary point/step provided
that the employee shall not suffer a reduction in the ordinary pay for 2 weeks
from the date of the demotion.
(b) Suspend
the employee without pay from work for a specified period of
time.
(c) Terminate
the employment of the employee in accordance with Clause 41, Termination of
Employment of this Award.
(ii) Notwithstanding the above, the employer may take appropriate
disciplinary action before and/or during the procedures in clause 38D in cases
of misconduct or where the employee's performance warrants such action.
39. Work Health and Safety
A. statement of intent
The parties to the Award are
committed to co-operating positively to:
(i) promote the safety
and welfare of workers and other
people in the workplace;
(ii) eliminate unsafe work practices; and
(iii) ensure that employers and employees understand and comply with
their obligations under the Work
Health and Safety Act 2011 (NSW), Work Health and Safety Regulation 2011
(NSW) and associated codes of practice.
B. SPECIFIC PROVISIONS
In the case of extreme and
unusual weather conditions which could be assessed as hazardous, employers will
review and conduct a risk assessment to determine what action, if any, needs to
be put in place to minimise unnecessary exposure and risks to its employees
during such unusual occurrences.
C.
FURTHER INFORMATION AND RESOURCES
Further information and resources
are available from the following organisations:
(i). Workcover NSW: www.workcover.nsw.gov.au
(ii) Safe Work Australia: www.safeworkaustralia.gov.au
40. Workplace Bullying
(i) The parties to the Award are committed
to:
(a) eliminating
bullying in the workplace; and
(b) pursuing
legislative change to give the Industrial Relations Commission of New South
Wales the power to make any order it considers appropriate (other than an order
requiring payment of a pecuniary penalty amount) to prevent workers from being
bullied at work.
(ii) ‘Bullying’ shall mean conduct at work where a person or group
of people repeatedly act unreasonably towards an employee or group of
employees, and that behaviour creates a risk to
health and safety.
·
Bullying behaviour
may involve, but is not limited to, any of the following types of behaviour:
·
Aggressive, threatening or intimidating conduct;
·
Belittling or humiliating comments;
·
Spreading malicious rumours;
·
Teasing, practical jokes or ‘initiation ceremonies’;
·
Exclusion from work-related events;
·
Unreasonable work expectations, including
too much or too little work, or work below or beyond an employee’s skill level;
·
Displaying offensive material; and
·
Pressure to behave in an inappropriate
manner.
(iii) Reasonable management action carried out in a reasonable manner
shall not constitute bullying behaviour.
(a) Examples
of reasonable management action may include, but are not limited to:
·
Performance management practices;
·
Disciplinary action for misconduct;
·
Informing an employee about unsatisfactory
work performance or inappropriate work behaviour;
·
Directing an employee to perform duties in
keeping with their job;
·
Maintaining reasonable work goals and standards;
·
Legitimately exercising a regulatory
function; and
·
Legitimately implementing a council policy
or administrative process.
Where
bullying behaviour is alleged, the grievance and
dispute procedures of clause 36 will apply.
41. Termination of Employment
(i)
(a) An
employee in Operational Band 1 or the Administrative/Technical Trades Band 2
shall give to the employer two (2) weeks’ notice of their intention to
terminate their employment.
(b) The
notice of intention to terminate for an employee in Professional/Specialist
Band 3 or Executive Band 4 of the Award shall be the same as that required of
the employer in subclause (iv) of this clause.
If
no such notice is provided, the employer shall be entitled to deduct pay equivalent
to the required notice from any entitlements payable under this Award.
(ii) The employer and an employee may agree to a shorter period of
notice for the purpose of this subclause.
(iii) In cases of serious misconduct, the employer may summarily
dismiss an employee following a proper investigation and provided the employee
is afforded procedural fairness. Where an employee is summarily dismissed,
subclause (iv) shall not apply.
(iv) The employer shall give to an employee a period of notice of
termination in accordance with the following scale or by payment in lieu
thereof:
EMPLOYEE'S PERIOD OF CONTINUOUS SERVICE
|
PERIOD OF NOTICE
|
Less than 2 years
|
At least 2 weeks
|
2 years and less than 3 years
|
At least 3 weeks
|
3 years and less than 5 years
|
At least 4 weeks
|
5 years and beyond
|
At least 5 weeks
|
(v) The
provision of this clause shall be read subject to the provisions of Clause 41,
Workplace Change and Redundancy, of this Award.
42. Workplace Change
(i) Definitions
(a) In this clause:
“Significant
effects include:
·
termination of employment; or
·
major changes in the composition, operation
or size of the employer's workforce or in the skills required; or
·
the loss of or reduction in, job or
promotion opportunities or job tenure; or
·
the alteration of hours of work; or
·
the need for employees to be retrained or
transferred to other work or locations; or
·
job restructuring.
Provided that where the Award makes
provision for the alteration of any of the matters referred to above such an
alteration shall be deemed not to have significant effect.
(ii) Pre-Proposal Stage
(a) An employer may consult with relevant
employees and/or unions, where appropriate, when developing options for
proposed workplace change.
(b) Consultation under subclause (ii)(a) does
not need to occur in writing.
(iii) Proposal Stage
(a) Employer’s
duty to notify a proposed workplace change that is likely to have significant
effects – Subject to the exceptions identified at subclause (v) of this
clause, where the employer proposes a workplace change that is likely to have
significant effects, the employer shall provide notice in writing and
transmitted electronically (where available), to the employees who may be
affected by the proposed change and the unions to which they belong as follows:
(1) Subject
to subclause (iii)(a)(2) of this clause, at least twenty-eight (28) days prior
to making a definite decision; or
(2) Where
the proposed change may involve terminating an employee’s employment because of
the introduction of technology, at least three (3) months prior to the making
of a definite decision.
(b) Notice
of proposed workplace change under subclause (iii)(a) shall include:
(1) the
nature of the proposed change;
(2) the
reasons for the proposed change;
(3) the
positions likely to be affected; and
(4) such
other information as is reasonable in the circumstances.
(c) Employer’s duty to discuss
proposed workplace change – The employer shall discuss with the employees
likely to be affected and the unions to which they belong, what effects the
proposed change is likely to have on the employees and any alternative
proposals. The employer shall give
prompt consideration to matters raised by the employees and their unions in
relation to the proposed change. These
discussions shall commence as early as practicable.
(d) The
employer shall provide all relevant information to the employees and the union
to which they belong.
(e) The
employer may reconsider the original proposed workplace change.
(f) Competitive tendering – Where
employees who are adversely affected by the proposed changes request the
employer’s assistance to submit an in-house bid and the employer refuses that
request, the employer shall provide the reasons in writing.
(iv) Decision and Implementation Stage
(a) Employer’s
duty to notify a definite decision that has significant effects –
Subject to the exceptions identified at subclause (v) of this clause,
where the employer has made a definite decision to introduce major workplace
change that has significant effects on employees, the employer shall provide
notice in writing and transmitted electronically (where available), to the
employees who will be affected by the change and the unions to which they
belong at least seven (7) days before a definite decision is implemented.
(b) The
purpose of the Decision and Implementation Stage is for the employer to discuss
with affected employees and the unions to which they belong, measures to minimise or mitigate the adverse effects of the definite
decision. At this Stage the employer is
not bound to give any further consideration to matters raised by the employees
and their unions in relation to the proposed workplace change.
(c) Notice
of a definite decision under subclause (iv)(a) shall include (where
applicable):
(1) the
nature of the definite change;
(2) the
reasons for the definite change;
(3) the
positions to be affected;
(4) in
the case of termination of employment:
·
The number and category of employees whose
employment is to be terminated; and
·
The period over which the terminations are
likely to be carried out;
(5) such
other information as is reasonable in the circumstances.
(d) Employer’s
duty to discuss – The
employer shall discuss with the employees affected and the unions to which they
belong, measures to avert or mitigate any adverse effects of the change on
employees and shall give prompt consideration to matters raised by employees
and their unions.
(e) The
discussions shall take place as soon as practicable after the employer has made
a definite decision and shall cover measures to avoid or minimise
any adverse effects on the employees. Measures to mitigate adverse effects on
employees may include, consideration of re-training
opportunities; redeployment (including redeployment into positions occupied by
casual and labour hire staff); recruitment advice;
the payment of relocation allowances; provision of additional notice; access to
an employee assistance program; financial advice and such other assistance as
may be reasonably available.
(f) Implementation – Subject to subclause
(v) of this clause, the employer shall not implement a definite decision to
introduce major workplace change that has significant effects on employees
until the obligations under subclauses (iv)(a) and (iv)(d) of this clause have
been met.
(v) Exceptional
circumstances
Notwithstanding
the provisions of subclauses (iii) and (iv) of this clause, workplace change
may be implemented in accordance with the following:
A
|
B
|
If
affected employees consent to workplace change
|
Immediately
|
If
all unions with coverage of the affected employees consent to the workplace
change
|
Immediately
|
Exceptional
Circumstances
|
14
days after the provision of Written Notice
|
(b) For
the purpose of this subclause Exceptional Circumstances refers to workplace
change that is the result of something that is unexpected and beyond the
employer’s control that results in a significant loss of funding for positions
or no useful work for employees in the foreseeable future.
(c) For
the purpose of this subclause Written Notice means notification that is in
writing and transmitted electronically (where available) to the employees
affected by the change and the unions to which they belong. The Written Notice
shall include (where applicable):
(1) the
nature of the definite change;
(2) the
reasons for the definite change;
(3) the
positions to be affected;
(4) in
the case of termination of employment:
·
The number and category of employees whose
employment is to be terminated; and
·
The period over which the terminations are
likely to be carried out;
(5) such
other information as is reasonable in the circumstances.
43. Termination of Employment and Redeployment
Due to Redundancy
(i) Notice of Termination
(a) Where
the employer terminates an employee’s employment due to redundancy, the employer
shall provide the employee with five (5) weeks’ notice to terminate or pay in
lieu thereof provided that the employment may be terminated by part of the
period of notice specified and part payment in lieu thereof.
(b) Notice
or payment of notice under this paragraph shall be deemed to be service with
the employer for the purposes of calculating leave entitlements under this
Award.
(ii) Notice to Centrelink
Where
a decision has been made to terminate fifteen (15) or more employees for
reasons of an economic, technological, structural or similar nature, or for
reasons including such reasons, the employer shall notify Centrelink as soon as
possible giving relevant information as provided at section 530 of the Fair Work Act 2009 (Cth).
(iii) Severance Pay
(a) This
subclause shall apply where an employee is terminated due to redundancy except
where the employee concerned has been offered, but has refused to accept, an
alternative position within the employer's organisation
structure of comparable skill and accountability levels and remuneration no
less than the position previously held by the employee.
(b) In
addition to any required period of notice, and subject to subclause (i) of this Clause, the employee shall be entitled to
severance pay as follows:
COMPLETED YEARS OF SERVICE WITH THE EMPLOYER
|
ENTITLEMENT
|
Less than
1 year
|
Nil
|
1 year and
less than 2 years
|
5 weeks pay
|
2 years
and less than 3 years
|
9 weeks pay
|
3 years
and less than 4 years
|
13 weeks pay
|
4 years and
less than 5 years
|
16 weeks pay
|
5 years
and less than 6 years
|
19 weeks pay
|
6 years
and less than 7 years
|
22 weeks pay
|
7 years
and less than 8 years
|
25 weeks pay
|
8 years
and less than 9 years
|
28 weeks pay
|
9 years and
less than 10 years
|
31 weeks pay
|
10 years
and thereafter
|
34 weeks pay
|
(iv) An employee who resigns during the period of notice is entitled
to the same redundancy payments provided in this clause as if they had remained
in the employer’s employment until the expiry of the notice period.
(v) During
a period of notice of termination given by the employer, an employee shall be
allowed up to one day off without loss of pay during each week of notice for
the purpose of seeking other employment. Where required by the employer the
employee shall provide proof of attendance at an interview.
(vi) A redundant employee shall be entitled to the payment of a job
search allowance of up to the rate set out in Table 2 of Part B of this Award
inclusive of Fringe Benefits Tax (FBT) to meet expenses associated with seeking
other employment subject to proof of expenditure or on production of an
invoice, and/or other appropriate documentation. The employee’s entitlement to
claim the job search allowance is limited to a period of up to 12 months from
their termination of service with the employer or until the employee secures
alternative employment, whichever is the sooner. Where the employer supplies
the employee with a portable electronic device primarily for use in the
employee’s employment, the employer may by written agreement, gift the device
to the employee in lieu of all or part of the job search allowance provided for
in this subclause.
(vii) If the employee agrees to be redeployed by the employer into a
lower paid position, the employee's existing salary and conditions shall be
maintained for a period equivalent to the amount of notice and severance pay
that the employee would be entitled to under this Award. Provided that should
the employee resign during the period of salary maintenance, as provided for by
this subclause, the balance of any notice and severance pay
that the employee would have been entitled to for the remainder of the period
of salary maintenance shall be paid on termination.
(viii) The employer shall, upon receipt of a request from an employee to
show employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the
classification or the type of work performed by the employee.
(ix) The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by the
Department of Human Services.
(x) In
the event that the employer determines that a position is redundant, the
employer where practicable, shall firstly offer such redundancy on a voluntary
basis.
(xi) Nothing in this Award shall be construed so as
to require the reduction or alteration of more advantageous benefits or
conditions which an employee may be entitled to under any existing redundancy
arrangement, taken as a whole, between the industry unions and the employers
bound by this Award.
(xii) Subject to an application by the employer and further order of
the Industrial Relations Commission of New South Wales, the employer may pay a
lesser amount (or no amount) of severance pay than that contained in subclause
(iii) above if the employer obtains acceptable alternative employment for an
employee.
(xiii) Nothing in this clause shall restrict an employee with ten years’
service or more and the employer from agreeing to further severance payments.
(xiv) Nothing in this clause restricts the elected council and/or
general manager from exercising their right under the Local Government Act 1993 (NSW)
to determine and/or re-determine the organisation
structure from time to time, and to implement such determinations.
44. Council Agreements
(i) The parties agree to review operations
at the council level on an ongoing basis with a view to providing enhanced
flexibility and efficiency and to meet the particular working
needs of the employer and its employees.
(ii) The terms of any agreement reached between the parties shall
substitute for the provisions of the Award provided that:
(a) the
extent of the agreement shall be limited to the Award's Clause 11, Performance
Evaluation and Reward; Clause 13, Payment of Employees; Clause 17, subclauses
(x) and (xi), Travelling and Camping Allowances; Clause 20, Hours of Work;
Clause 21, Overtime; Clause 22, Holidays; Clause 27, Part-Time Employment; and
Clause 29, Job Share Employment.
(b) the
agreement does not provide less than the entry level rates of pay;
(c) the
agreement is consistent with the Industrial
Relations Act 1996 (NSW)
and current wage fixing principles; and
(d) the
agreement shall be processed in accordance with subclause (iii) of this clause.
Provided further that, where the agreement proposes to vary award provisions
other than those nominated in paragraph (a) above, the agreement shall be
processed in accordance with the Principles for Approval of Enterprise
Agreements.
(iii) A council agreement shall be processed as follows:
(a) the
unions shall be notified prior to the commencement of negotiations;
(b) the
agreement has been genuinely arrived at by negotiation without compulsion;
(c) the
agreement shall be committed to writing and shall include a date of operation
and a date of expiration;
(d) the
employer and the appropriate union(s) shall sign the agreement
and a copy sent to the Association;
(e) Any
party to a council agreement may at any stage during the above process refer
the matter to the Industrial Relations Commission of NSW.
(iv)
(a) Section 44 of the Industrial Relations Act 1996
(NSW) relating to the termination of enterprise agreements shall apply to the
termination of council agreements made in accordance with this clause, and a
council agreement may be terminated in the same manner as an enterprise
agreement.
(b) Where a council agreement is terminated
at or after the end of its nominal term by the giving of written notice to each
other party to the agreement, at least three (3) months’ notice shall be
given. The notice may be served before
the end of the nominal term.
(c) Termination of a council agreement is not
effective until all of the parties to the agreement
have been given written notice of the approval to terminate or of service of
the notice of intention to terminate.
45. Savings and Transitional
(i) The employer must ensure that employees
engaged on incremental scales on or before 8 June 1992, continue to be paid in
accordance with the incremental scales as adjusted. This subclause does not
apply in the following circumstances:
(a) if
the employer has an operative training plan which is sufficient to allow
progression at least equal to that under the previous incremental scales;
(b) if
an employee chooses not to undertake training consistent with the employer’s
training plan; and
(c) if
the incremental scale provides a rate of pay less than the Award entry level
rate of pay.
(ii)
(a) No
employee shall receive a reduction in pay as a result of
the implementation of this Award or transfer to a salary system.
(b) Unless
otherwise agreed, employees, including seasonal workers, who are in regular
receipt of penalty rates and/or shift penalties, aggregate rates of pay or
other arrangements that compensate for hours of work shall either continue to
receive such benefits or the payments prescribed by clause 20, whichever is the
higher.
(c) The
provisions in subclause (ii)(b) shall apply where council and enterprise
agreements are terminated.
(d) The
provisions in subclause (ii)(b) shall apply in addition to the Award increases
prescribed by clause 47.
(iii) Where employees, employed in areas where the employer's office
is situated upon or to the west of a line starting from a point on the right bank
of the Murray River opposite Swan Hill (Victoria), thence by straight lines
passing through the following towns or localities in the order stated, viz: Conargo, Argoon, Hay, Rankin's
Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone, Coonabarabran, Narrabri, Moree, Warialda, Ashford and Bonshaw; at the time of making this
Award had an entitlement to receive one week's leave of absence with pay in
addition to the annual leave provided at subclause 23D(i)
of this Award, the employee shall retain this entitlement whilst still employed
by the employer at which they were working at the time of the making this
Award.
(iv)
(a) West of the Line Allowance
Where
employees of the undermentioned council areas and those employers situated to
the west thereof at the time of making this Award were paid at the rate per
week as set out in Table 2 of Part B in addition to their salary system rate of
pay, those employees shall retain this entitlement whilst they continue to be
employed by the employer at which they were working, at the time of the making
of this Award; Moree Plains, Walgett,
Narrabri, Coonamble, Warren, Lachlan, Carrathool, Leeton, Murrumbidgee,
Windouran, Murray and Griffith.
(b) Climatic
Allowance
Where
employees working within the area bounded by the Shires of Snowy River, Tumut and Tumbarumba at the time
of the making of this Award, were paid per week as set out in Table 2 of Part B
or part thereof, those employees shall retain this entitlement whilst still
employed by the employer at which they were working, at the time of the making
of this Award.
(c) In
addition to what is provided in paragraphs (a) and (b) of this subclause, the
allowances shall be paid to those employees during periods of absence on paid
sick leave, public holidays and annual leave, but not otherwise.
(v) Where
an employee prior to 11 May 1995, had an entitlement to transfer accumulated
sick leave from one employer to another employer in New South Wales, under the Local Government Senior Officers' Award the
employee shall retain this entitlement.
(vi) The implementation of this Award shall not result in the removal
of any existing arrangement for an additional payment made by the employer for
the payment of wages, excepting when such payment relates to FID.
(vii) Where an on-call employee has been paid a minimum payment for a
public holiday on a regular basis, such arrangements shall continue, unless
otherwise agreed.
(viii) Where a casual employee engaged in a position on a regular and
systematic basis has been paid casual loading on overtime prior to 1 November
2007, such arrangements shall continue while such employee is engaged in that
position, unless otherwise agreed.
46. Leave Reserved
(i) Leave is reserved for the parties to the
Award to apply to vary tool allowances as set out in Clause 17(vi)(a) and
compensation of tools as set out in Clause 17(vi)(d) of this Award in line with
the Crown Employees (Skilled Trades) Award.
(ii) Following any adjustment to the federal Local Government
Industry Award 2010, leave is reserved for the parties to apply to amend Clause
17(x)(j), Clause 18A(i), Clause 18A(iii) and Clause
18B of this Award to reflect such adjustment. The vehicle allowance rates are
to be set and may be amended as follows:
·
For vehicles
with an engine capacity of 2.5L and above, in line with the motor vehicle
allowance provided for in the federal Local Government Industry Award 2020.
·
For vehicles
with an engine capacity of under 2.5L, 85% of the rate provided for vehicles
with an engine capacity of 2.5L and above;
·
For hybrid
vehicles, 65% of the rate provided for vehicles with an engine capacity of 2.5L
and above.
·
For electric
vehicles, 45% of the rate provided for vehicles with an engine capacity of 2.5L
and above.
The minimum quarterly payment is the vehicle
allowance rate for an engine capacity of 2.5L and above multiplied by 2,750.
Notwithstanding
the above, leave is also reserved to the parties to apply to vary the vehicle
allowances under the Award relating to zero or low emissions vehicles to ensure
that they reflect a fair and reasonable reimbursement of the expense.
(iii) Following any adjustment to the federal Local
Government Industry Award 2010, leave is reserved for the parties to apply to
amend the meal allowance set out in Clause 17(xiv) to reflect such adjustment.
The relevant adjustment factor for this purpose is the percentage movement in
the index figure published by the Australian Bureau of Statistics for Eight
Capitals, take away and fast foods sub-group (Cat No 6401.0).
(iv) Leave is reserved for the parties to the Award to apply to vary
the traineeship wage rates in Clause 32E(xii) in accordance with the pay scales
derived from the federal Local Government Industry Award 2010.
(v) Leave
is reserved for the parties to the Award to apply to vary Clause 32, Junior and
Trainee Employment, to reflect industry training needs.
(vi) Leave is reserved for the
parties to apply to vary the Award consistent with the principles of the
Industrial Relations Commission of New South Wales in relation to the
accreditation of employees by NSW Fair Trading.
(vii) Leave is reserved for the parties to apply
to vary the Award to reflect legislative changes that relate to parental leave.
(viii) Leave is reserved for the parties to apply to
vary Clause 18B(iii)(b), variations to leaseback fees, to reflect future
changes to fringe benefits tax.
(ix) Leave is reserved for the parties to apply
to vary Clause 23D, Annual Leave, to reflect variations to the Annual
Holidays Act 1944 (NSW) in
relation to payment in lieu of annual leave or the taking of annual leave at
full, half or double pay.
(x) Leave is reserved for the parties to
apply to vary the Award to reflect legislative changes (statute and/or
regulations) concerning the registration of professional engineers.
(xi) The parties agree to commence a thorough
review of the following allowances within 12 months of the commencement of the
Award and have leave reserved to apply to the Industrial Relations Commission
of New South Wales during the life of the Award for a determination of the
arrangements to apply in the next award to succeed this Award:
Level
1 Adverse Working Conditions Allowance – subclause 17(i)
of the Award
Level
2 Adverse Working Conditions Allowance – subclause 17(ii) of the Award
Sewer
Chokes – subclause 17(iii) of the Award
Septic
Tanks – subclause 17(iv) of the Award
Sewerage
Treatment Works – subclause 17(v) of the Award
(xii) The parties agree to commence a review of the shift
penalties prescribed at clause 20C [Shift Work] and have leave reserved to
apply to the Industrial Relations Commission of New South Wales during the life
of the Award.
47. Area, Incidence and Duration
(i) This Award shall apply to all employers
and employees:
(a) in
local government in New South Wales; and
(b) in
the local government industry in New South Wales as defined in this clause.
(ii) In this Award “local government industry
in New South Wales” means all activities undertaken by local government
entities, including activities undertaken by corporations controlled by one or
more local government entities. For the
purposes of this subclause a corporation is controlled by one or more local
government entities if one or more local government entities have the capacity
to determine the outcomes of decisions about the corporation’s financial and
operating policies.
(iii) The Award does not cover those employers
and employees:
(a) whose
positions are determined pursuant to section 332 of the Local Government Act 1993 (NSW) to be senior staff positions;
(b) covered
by the Local Government (Electricians)
State Award;
(c) covered
by the Nursing Homes, &c., Nurses’
(State) Award;
(d) covered
by the Local Government, Aged, Disability and Home Care (State) Award;
(e) covered
by the Miscellaneous Workers Home Care
Industry (State) Award;
(f) employed
by The City of Sydney;
(g) employed
by Wollongong City Council;
(h) employed
by Broken Hill City Council (that being the County of Yancowinna);
(i) employed by Newcastle City Council and
covered by the Entertainment and
Broadcasting Industry – Live Theatre and Concert (State) Award;
(j) employed
by the Moree Artesian Aquatic Centre and principally
engaged in the duties of the MAAC Ltd Wellness Centre within the premises known
as the MAAC Ltd; and
(k) employed
by Newcastle Airport Pty Limited.
(iv) This Award shall rescind and replace the Local Government
(State) Award 2020 published the 3rd of July 2020 (388 IG 1038) and reprinted
21 April 2023 (394 I.G. 16) and all variations thereof.
(v) This
Award shall operate from the commencement of the first pay period on or after
the 1 July 2023 and shall remain in force for a period of three years.
(vi) The Award in column (a) of Table 1 of Part B provides for a 4.5%
increase in rates of pay to operate from the first full pay period to commence
on or after 1 July 2023.
(vii) The Award in column (b) of Table 1 of Part B provides for a 3.5%
increase in rates of pay to operate from the first full pay period to commence
on or after 1 July 2024.
(viii) The Award in column (c) of Table 1 of Part B provides for a 3%
increase in rates of pay to operate from the first full pay period to commence
on or after 1 July 2025.
(ix) The increases in rates of pay provided by this Award shall apply
to the rates of pay in employer’s salary system.
(x) The
increases granted by this Award may be absorbed into enterprise increases
granted since 29 May 1991 exceeding any award increases since that date, that
is an $8 safety net adjustment and increases of 6%, 2.5%, 2.5%, 3.5%, 3.25%,
3.25%, 2.7%, 3.3%, 3.25%, 3.25%, 4.0%, 3.5%, 3%, 3.2%, 3.2%, 3.2%, 2.6%, 2.15%,
3.25%, 3.25%, 2.6%, 2.7%, 2.8%, 2.35%, 2.5%, 2.5%, 1.5%, 2.0% and 2.0% provided
that the following increases shall not be absorbed:
(a) placement
or progression within the employer's salary system;
(b) increases
in hours of work; and
(c) incorporation
of penalty rates and shift or other allowances into the employee's rate of pay.
(xi) In agreeing to increases in rates of pay for the term of this
Award, the parties recognise that employers and
employees have and shall continue to engage in enterprise bargaining.
Part
B
MONETARY
RATES – TABLE 1
CLAUSE 7 – RATES OF PAY
Band/Level
|
(a)
Rate Per Week $
|
(b)
Rate Per Week $
|
(c)
Rate Per Week $
|
|
First Pay Period 01/07/23
|
First Pay Period 01/07/24
|
First Pay Period 01/07/25
|
Operational Band 1
|
|
Level 1 (Juniors and Trainees)
|
|
T1 at 15 years of age
|
452.20
|
468.00
|
482.00
|
T2 at 16 years of age
|
564.40
|
584.20
|
601.70
|
T3 at 17 years of age
|
663.90
|
687.10
|
707.70
|
T4 at 18 years of age or over
or HSC
|
776.10
|
803.30
|
827.40
|
T5
|
889.00
|
920.10
|
947.70
|
T6
|
959.60
|
993.20
|
1023.00
|
T7
|
1006.90
|
1042.10
|
1073.40
|
T8
|
1055.20
|
1092.10
|
1124.90
|
T9
|
1103.90
|
1142.50
|
1176.80
|
T10
|
1154.20
|
1194.60
|
1230.40
|
|
|
Level 2
|
947.10
|
980.20
|
1009.60
|
Level 3
|
1008.70
|
1044.00
|
1075.30
|
Level 4
|
1116.30
|
1155.40
|
1190.10
|
|
|
Administrative/Technical/Trades
Band 2
|
|
Level 1
|
1103.90
|
1142.50
|
1176.80
|
Level 2
|
1266.00
|
1310.30
|
1349.60
|
Level 3
|
1515.10
|
1568.10
|
1615.10
|
|
|
Professional/Specialist Band 3
|
|
Level 1
|
1266.00
|
1310.30
|
1349.60
|
Level 2
|
1515.10
|
1568.10
|
1615.10
|
Level 3
|
1764.30
|
1826.10
|
1880.90
|
Level 4
|
2138.90
|
2213.80
|
2280.20
|
|
|
Executive Band 4
|
|
Level 1
|
2013.70
|
2084.20
|
2146.70
|
Level 2
|
2512.90
|
2600.90
|
2678.90
|
Level 3
|
3135.90
|
3245.70
|
3343.10
|
Level 4
|
3759.10
|
3890.70
|
4007.40
|
Note: T stands for Trainee
CLAUSE 32E (XII) – TRAINEESHIP WAGE RATES
|
Highest year of schooling completed
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School leaver
|
398.70
|
439.00
|
522.20
|
Plus 1 year out of school
|
439.00
|
522.20
|
607.70
|
Plus 2 years out of school
|
522.20
|
607.70
|
707.20
|
Plus 3 years out of school
|
607.70
|
707.20
|
809.70
|
Plus 4 years out of school
|
707.20
|
809.70
|
|
Plus 5 or more years out of school
|
809.70
|
|
|
MONETARY RATES – TABLE 2 ALLOWANCES
|
First Pay Period 01/07/23
$
|
First Pay Period 01/07/24
$
|
First Pay Period 01/07/25
$
|
Clause 17(i) Level 1 Adverse Working Conditions Allowance
|
0.481 p.h. or
|
0.498 p.h. or
|
0.513 p.h. or
|
|
18.28 p.w.
|
18.92 p.w.
|
19.49 p.w.
|
Clause 17(ii)
Level 2 Adverse Working Conditions Allowance
|
1.244 p.h. or
|
1.288 p.h. or
|
1.327 p.h. or
|
|
47.27 p.w.
|
48.94 p.w.
|
50.43 p.w.
|
Clause
17(iii) Sewer Chokes
|
10.17 p.s.
|
10.53 p.s.
|
10.85 p.s.
|
Clause
17(vi)(a) Tool Allowances
|
|
Bricklayer
|
25.30 p.w. from first pay period
24/11/2023 27.10 p.w.
|
27.10p.w. from the first pay period 03/04/2025 28.10p.w.
|
28.10p.w.
|
Carpenter
& Plumber
|
35.40 p.w. from first pay period
24/11/2023 38.00 p.w.
|
38.00 p.w. from the first pay period
03/04/2025 39.40p.w.
|
39.40p.w.
|
Metal &
Mechanical Trades
|
35.40 p.w. from first pay period
24/11/2023 38.00 p.w.
|
38.00 p.w. from the first pay period
03/04/2025 39.40p.w.
|
39.40p.w.
|
Painter
& Signwriter
|
8.70 p.w. from first pay period
24/11/2023 9.30 p.w.
|
9.30 p.w. from the first pay period
03/04/2025 9.70p.w.
|
9.70p.w.
|
Plasterer
|
35.40 p.w. from first pay period
24/11/2023 38.00 p.w.
|
38.00 p.w. from the first pay period
03/04/2025 39.40p.w.
|
39.40p.w.
|
Clause
17(vi)(d) Insurance Value
|
2049.00 p.a. from first pay period 24/11/2023 2199.00 pa.a
|
2199.00 p.a. from the first pay period 03/04/2025 2283.00p.a.
|
2283.00 p.a.
|
Clause
17(x)(f) Travelling Allowances
|
|
3 - 10 km
|
5.73 p.j.
|
5.93 p.j.
|
6.11 p.j.
|
11 - 20 km
|
9.05 p.j.
|
9.37 p.j.
|
9.65 p.j.
|
21 - 33 km
|
13.10 p.j.
|
13.56 p.j.
|
13.97 p.j.
|
34 - 50 km
|
20.04 p.j.
|
20.74 p.j.
|
21.36 p.j.
|
Each
additional 10kms
|
5.39 p.j.
|
5.58 p.j.
|
5.75 p.j.
|
Clause
17(x)(j) Vehicle Allowance (cents / km)
|
|
Int.
combustion - 2.5 litres and over
|
0.95 p.km.
|
0.98 p.km.
|
Pending
|
Int.
combustion - Under 2.5 litres
|
0.81 p.km.
|
0.83 p.km.
|
Pending
|
Hybrid
vehicle
|
0.62 p.km.
|
0.64 p.km.
|
Pending
|
Electric
vehicle
|
0.43 p.km.
|
0.44 p.km.
|
Pending
|
Clause
17(xi)(a) Camping Allowance
|
74.54 p.n.
|
77.15 p.n.
|
79.46 p.n.
|
Clause 17
(xii)(a) Community Language Allowance
|
25.30 p.w.
|
26.20 p.w.
|
27.00 p.w.
|
Clause
17(xiii)(a) First Aid Allowance
|
17.00 p.w.
|
17.60 p.w.
|
18.10 p.w.
|
Clause
17(xiv) Meal Allowance
|
18.23
|
19.43
|
Pending
|
Clause
17(xv) Civil Liability Allowance
|
3.5%
|
3.5%
|
3.5%
|
Clause 18A(i) Vehicle Allowances (cents / km)
|
|
Int.
combustion - 2.5 litres and over
|
0.95 p.km.
|
0.98 p.km.
|
Pending
|
Int. combustion
- Under 2.5 litres
|
0.81 p.km.
|
0.83 p.km.
|
Pending
|
Hybrid
vehicle
|
0.62 p.km.
|
0.64 p.km.
|
Pending
|
Electric
vehicle
|
0.43 p.km.
|
0.44 p.km.
|
Pending
|
Clause
18A(iii) Minimum quarterly payment
|
2612.50
|
2695.00
|
Pending
|
Clause 21C(ii)
On Call Allowance on ordinary working days
|
23.00 p.d.
|
24.00 p.d.
|
25.00 p.d.
|
Clause
21C(iii) On Call Allowance - on other days
|
46.00 p.d.
|
48.00 p.d.
|
50.00 p.d.
|
Clause
21C(iv) On Call Allowance - max. / week
|
207.00 p.w.
|
216.00 p.w.
|
225.00 p.w.
|
Clause
43(vi) Job Search Allowance
|
2966.80
|
3070.60
|
3162.70
|
Clause
45(iv) Savings and Transitional
|
|
(a) West of the Line Allowance
|
3.90 p.w.
|
3.90 p.w.
|
3.90 p.w.
|
(b) Climatic Allowance
|
3.90 p.w.
|
3.90 p.w.
|
3.90 p.w.
|
Key:
p.h. = per hour
|
p.w. = per week
|
p.km.
= per
kilometre
|
p.a. = per annum
|
p.n. = per night
|
p.j. = per journey
|
p.d. = per day
|
|
p.s. = per shift
|
SCHEDULE 1
MINIMUM
STANDARDS OF CARAVAN ACCOMMODATION TO BE PROVIDED TO EMPLOYEES REQUIRED TO CAMP
OUT
Where employees camp out the
employer shall provide suitable caravan accommodation for the employees concerned
in accordance with the following minimum standards:
(a) Caravans
shall be of such size as to provide adequate space for each employee and no
more than two employees should be accommodated in any one caravan.
(b) The
walls and ceilings of the caravan shall be of sound construction and shall be
insulated. Fly screen doors and windows shall be fitted and all openings
adequately sealed against dust and/or weather conditions. Adequate steps shall
be provided at each door.
(c) The
floor is to be covered with vinyl tiles, linoleum or other acceptable standard
floor covering.
(d) Reverse
cycle or refrigerated air conditioning or other agreed cooling device and/or
heater shall be provided in each caravan and shall be appropriately maintained.
(e) Two
separately located suitable bedding shall be provided together with suitable
mattresses.
(f) A
fixed separate table shall be provided with two separate seats and brackets so as to provide for the taking of meals comfortably.
(g) A
wardrobe shall be provided for each employee, ensuring adequate clothes hanging
space, fitted with shelf.
(h) A
personal bed locker shall be located at each bed. This shall consist of at
least one shelf and door.
(i) Each camp shall be supplied with an
electric generator or other suitable power source that is of the low decibel
type and the generator shall be housed in such a manner so as
to provide for noise insulation. The generator shall be sufficiently
powerful so as to service each appliance that is
within or is associated with the use of the van. Generators shall be
appropriately maintained.
(j) Adequate
electric lighting shall be installed in the caravan and sufficient external
lighting shall be provided so as to allow for safe
access to toilet facilities and vehicles.
(k) Each
caravan shall be equipped with a suitable refrigerator; a stovette
with two burners and a griller and, where such stovette
is an l.p.g. stovette,
shall be fitted with safety tap. A sink with basin pump connected to a storage
water tank of sufficient capacity shall be provided. The water tank shall have
an external tap. An adequate supply of cool drinking water shall be provided.
(l) A
food and utensils storage cabinet suitably equipped with pots, pans and kettle
and sufficient bench space shall be provided to allow for the preparation of
meals.
(m) Showering
facilities shall be included in the caravan. Each shower cubicle shall be
provided with a shower curtain and rod, soap holder, hot and cold water and
non-slip floor. Soap and other suitable cleaning agents shall be provided for
employees taking showers, such cleaning agents should be of a type that will
safely remove an unwanted substance with which the employee has come in
contact. Adequate lighting and ventilation shall be provided in the shower
area.
(n) The
carrying and storage of fuel and employer stores within the internal frame of
the caravan will not be permitted under any circumstances. Employers shall
provide for the safe keeping of employees tool kits
and personal belongings, including when employees are off the site. Provision
shall be made to allow for safe storage of hand tools and other equipment
during meal and other breaks.
(o) Kerosene
heating, cooking and/or lighting are not considered to be suitable facilities.
(p) Suitable
cleaning equipment shall be provided together with storage facilities for such
equipment.
(q) Access
to and egress from all amenities shall be kept clear at all
times.
(r)
(i) Garbage bins, which are vermin/fly proof
with secure lids shall be provided together with removable and sealable bin
liners.
(ii) Adequate toilet facilities shall be provided and positioned to
provide privacy and so as to preclude odours reaching meal and/or accommodation facilities.
(s) Washing
facilities shall be provided under cover and an adequate supply of soap and
paper towels shall be provided and replaced as needed. A vermin/fly proof
garbage bin with removable liner and secure lid shall be provided in the
vicinity of the washing facilities and emptied when necessary.
(t) Caravans
shall be regularly inspected for maintenance purposes and a record book kept by
employer indicating the age of the vans and maintenance work carried out on the
vans.
____________________
Printed by the authority of the Industrial Registrar.