Local Government (COVID-19) Splinter (Interim) Award 2021

 

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

 

 

PART A

 

1.  Arrangement

 

Clause No.        Subject Matter

 

Part 1 - Application and Operation

 

1.         Title

2.         Commencement and Duration

3.         Coverage

4.         Industrial Parties

5.         Definitions and Interpretation

6.         Relationship with the Local Government (State) Award

 

Part 2 - Statement of Intent

 

7.         Intention

 

Part 3 - Dispute Resolution Procedure

 

8.         Grievance and Dispute Procedure

 

Part 4 - Anti-Discrimination

 

9.         Anti-Discrimination

 

Part 5 - Conditions of Employment (General)

 

10.      Operational Flexibility

11.      Employees Working from Home

12.      Leave for COVID-19 Vaccinations

 

Part 6 - Close Down

 

13.      Duty to Explore Suitable Alternative Duties

14.      No Useful Work

15.      Savings and Transitional

16.      Leave Reserved

 

Schedule A - Employers covered by this Award

 

Part 1 - Application and Operation

 

1.  Title

 

1.1      This Award shall be known as the Local Government (COVID-19) Splinter (Interim) Award 2022 ("Award").

 

2.  Commencement and Duration

 

2.1      This Award commences operation on and from 8 April 2022 and shall remain in force until 7 April 2023 (12 months).

 

2.2      This Award ceases to operate on 7 April 2023.

 

3.  Coverage

 

3.1      This Award shall apply to all employers named in Schedule A and to all their employees, except for employees whose positions are identified as senior staff positions pursuant to sections 332 and 334 of the Local Government Act 1993 (NSW).

 

4.  Industrial Parties

 

4.1      The industrial parties to this Award are:

 

(a)       Local Government NSW ("LGNSW");

 

(b)       Aged and Community Services Australia ("ACSA");

 

(c)       New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union ("USU");

 

(d)       Local Government Engineers’ Association of New South Wales ("LGEA");

 

(e)       Development and Environmental Professionals’ Association ("depa");

 

(f)        Nurses and Midwives’ Association of New South Wales ("NSW Nurses");

 

(g)       Electrical Trades Union of Australia, New South Wales Branch ("ETU"); and

 

(h)       Health Services Union ("HSU").

 

5.  Definitions and Interpretation

 

5.1      In this Award, unless the context requires otherwise:

 

Award means the Local Government (COVID-19) Splinter (Interim) Award 2022.

 

COVID-19 means the coronavirus named "COVID-19" by the World Health Organisation (previously known as "2019 novel coronavirus") and the disease it causes.

 

Job Retention Allowance means the Job Retention Allowance referred to in clause 13 of this Award and which is based on the Band 1/Level 2 rate of pay under the Local Government (State) Award 2020.  The allowance may be a weekly amount or an hourly amount depending on the context.  The hourly amount is either 1/35th or 1/38th of the weekly amount depending on the ordinary hours of work for the relevant work function at clause 19A of the Local Government (State) Award 2020 for the employee’s substantive position. 

 

LG (State) Award means:

 

(i)        the Broken Hill City Council Consent Award 2018, as varied from time to time, and any award that succeeds the Broken Hill City Council Consent Award 2018;

 

(ii)       the Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award as varied from time to time, and any award that succeeds the Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award;

 

(iii)     the Goldenfields Water County Council Enterprise Award 2020 as varied from time to time, and any award that succeeds the Goldenfields Water County Council Enterprise Award 2020;

 

(iv)      the Local Government (State) Award 2020, as varied from time to time and any award that succeeds the Local Government (State) Award 2020;

 

(v)       the Local Government (Electricians) Award, as varied from time to time, and any award that succeeds the Local Government (Electricians) Award;

 

(vi)      the Local Government, Aged, Disability and Home Care (State) Award, as varied from time to time and any award that succeeds the Local Government, Aged, Disability and Home Care (State) Award;

 

(vii)    the Nurses’ Local Government) Residential Aged Care Consolidated (State) Award 2021, as varied from time to time and any award that succeeds the Nurses’ Local Government) Residential Aged Care Consolidated (State) Award 2021;

 

(viii)   the Riverina Water Council Enterprise Award 2019 as varied from time to time, and any award that succeeds the Riverina Water Council Enterprise Award 2019;

 

(ix)      the South Sydney City Council Salaried Officers Award 2017 as varied from time to time, and any award that succeeds the South Sydney City Council Salaries Officers Award 2017;

 

(x)       the South Sydney City Council Wages Staff Award 2017 as varied from time to time, and any award that succeeds the South Sydney City Council Wages Staff Award 2017;

 

(xi)      the City of Sydney Wages/Salary Award 2017 as varied from time to time, and any award that succeeds The City of Sydney Wages/Salary Award 2017;

 

(xii)    any enterprise agreement or council agreement made in relation to the abovementioned awards; and/or

 

(xiii)   the Wollongong City Council Enterprise Agreement 2018 - 2021, and any agreement that succeeds the Wollongong City Council Enterprise Agreement 2018 - 2021.

 

Local Government (State) Award 2020 means the Local Government (State) Award 2020, as varied from time to time, and any award that succeeds the Local Government (State) Award 2020.

 

Ordinary pay has the same meaning as under the LG (State) Award.

 

Salary system rate of pay means the rate of pay an employee is entitled to receive under their employer’s salary system in recognition of the skills the employee is required to apply on the job.

 

Senior staff has the same meaning as under the Local Government Act 1993 (NSW) and includes the general manager of the Council and the holder of all other positions identified in the employer’s organisation structure as senior staff positions.

 

Suitable alternative duties include:

 

•           duties that are within the limits of an employee’s skill, competence and training; and/or

 

•           duties, whether the same or different, that have a different span of ordinary hours, different spread of ordinary hours, or different commencement and/or finishing times that are reasonable and which take into consideration carers or family responsibilities, provided that employees make genuine efforts to make themselves available; and/or

 

•           duties that involve working a different number of hours per day or week; and/or

 

•           training, including training in areas unrelated to an employee’s substantive role.

 

Union means any one or more of the following organisations:

 

•           New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union ("USU");

 

•           Local Government Engineers’ Association of New South Wales ("LGEA");

 

•           Development and Environmental Professionals’ Association ("depa");

 

•           Nurses and Midwives’ Association of New South Wales ("NSW Nurses");

 

•           Electrical Trades Union of Australia, New South Wales Branch ("ETU"); and

 

•           Health Services Union ("HSU").

 

6.  Relationship with the Local Government (State) Award

 

6.1      This Award is to be read and interpreted in conjunction with the LG (State) Award.

 

6.2      Where there is any inconsistency between this Award and the LG (State) Award, this Award shall prevail to the extent of the inconsistency.

 

6.3      Where this Award is silent, the LG (State) Award shall apply (where applicable).

 

Part 2 - Statement of Intent

 

7.  Intention

 

7.1      This Award puts in place special interim arrangements in response to the COVID-19 pandemic.

 

7.2      Where this Award provides an employer with additional rights which, if exercised by the employer, would result in employees being worse off under this Award than they would be under the LG (State) Award or another applicable industrial instrument(s), those rights may only be exercised as a result of an Order from the State or Commonwealth Government related to COVID-19 responses and for no other reason.

 

7.3      Nothing in this Award prevents changes to working arrangements provided elsewhere under the LG (State) Award (in accordance with the relevant award provisions), including but not limited to the following clauses which are currently identified in the Local Government (State) Award 2020 at subclause 16(x) [Travelling Allowance]; clause 19D [Facilitative Provisions]; clause 23 [Flexibility for Work and Family Responsibilities]; clause 24 [Phased Retirement]; and clause 28 [Job Share Employment].

 

7.4      This Award shall not set any precedent in relation to award entitlements after its expiry.

Part 3 - Dispute Resolution Procedure

 

8.  Grievance and Dispute Procedure

 

8.1      Clause 36 [Grievance and Dispute Procedures] of the Local Government (State) Award 2020 shall apply.

 

Part 4 - Anti-Discrimination

 

9.  Anti-Discrimination

 

9.1      Clause 3 [Anti-Discrimination] of the Local Government (State) Award 2020 shall apply.

 

Part 5 - Conditions of Employment (General)

 

10.  Operational Flexibility

 

10.1    The employer may, due to COVID-19, direct an employee to carry out suitable alternative duties, provided that such a direction shall not be unreasonable having regard to the employee’s personal circumstances including any family and carer responsibilities.

 

10.2    Where, due to COVID-19, an employee is directed to perform suitable alternative duties, the employee, when performing the suitable alternative duties:

 

(a)       shall be paid the salary system rate of pay that recognises the skills the employee is required to apply to those duties, provided that the employee shall not suffer a reduction in the salary system rate of pay for their substantive position;

 

(b)       shall be entitled to allowances, weekend penalties and shift penalties under the LG (State) Award which are applicable to the suitable alternative duties; and

 

(c)       is not entitled to allowances, weekend penalties and shift penalties under the LG (State) Award which are not applicable to the suitable alternative duties.

 

10.3    An employer and an employee may agree to the employee taking their accrued annual leave at half pay through a combination of paid annual leave and leave without pay.  Agreement to a combination of paid annual leave and leave without pay shall not be unreasonably refused.

 

10.4    An employee (other than a casual) with less than five (5) years’ service may, with the consent of the employer, take long service leave in advance. 

 

11.  Employees Working from Home

 

Spread of Ordinary Hours

 

11.1    Where working from home under this Award, an employee shall not be entitled to shift or weekend penalties, unless directed to work outside their ordinary spread or span of hours. 

 

11.2    Ordinary hours of work shall not exceed twelve (12) hours in any one day exclusive of unpaid meal breaks.

 

Home Internet and Home Computer Related Expenses

 

11.3    Employees working from home (due to COVID-19) shall not be entitled to a reimbursement of home internet and/or home computer related expenses, provided that an employer shall not unreasonably refuse to reimburse an employee for such expenses where exceptional circumstances exist and the employee obtains the employer’s prior approval before incurring the expense.

 

11.4    Claims for other out-of-pocket expenses (e.g. stationery) shall be processed in accordance with subclause 16(viii) [Expenses] of the LG (State) Award and applicable policies of the employer.

11.5    The employer may require proof to justify payments under this clause.

 

12.  Leave for Covid-19 Vaccinations

 

12.1    Employees shall be entitled to leave, without loss of pay, for the time reasonably required to receive a Therapeutic Goods Administration approved vaccination for COVID-19.

 

12.2    The employer may require proof to justify payments under this clause.

 

Part 6 - Close Down

 

13.  Duty to Explore Suitable Alternative Duties

 

13.1    Where, due to COVID-19, employees are unable to perform their normal duties at their normal place of work, the employer shall:

 

(a)       explore opportunities for the affected employees to work from home or from another location; and/or

 

(b)       provide the employees with suitable alternative duties where available; and

 

(c)       regularly review these arrangements.

 

13.2    Where an employee can perform their work duties from home or from another location and/or suitable alternative duties are available, and the employee unreasonably refuses to perform such duties, the employee shall not be entitled to the paid COVID-19 special leave and Job Retention Allowance provided at clause 14 of this Award.  For this subclause to apply, the employee must have received prior written notice of the consequences of unreasonably refusing to perform their work duties from home or from another location and/or from performing suitable alternative duties.

 

14.  No Useful Work

 

14.1    This clause applies to permanent full-time employees and permanent part-time employees only.

 

14.2    Where, due to COVID-19, the employer has no useful work for employees, the employer may temporarily stand down (or partially stand down) the employees, subject to the following:

 

Stage 1 - Paid COVID-19 Special Leave, up to four (4) weeks

 

14.3    Subject to subclause 14.4, an employee who is stood down (or partially stood down) under subclause 14.2 shall be entitled to paid COVID-19 special leave at their salary system rate of pay for four (4) weeks or until the employer is able to provide the employee with useful work, whichever occurs first.

 

14.4    Effective from the operative date of the Award applying to the employer the amount of paid COVID-19 special leave that an employee is entitled to receive under subclause 14.3 may be absorbed by up to two (2) weeks of paid special leave already received by the employee from the employer in relation to COVID-19 since 8 April 2022.

 

Example:   Susan is a swimming school instructor.   Arising from a State Government Health Order, the pool where Susan works was required to close.  As a result, Susan’s employer was unable to provide her with useful work and provided her with two (2) weeks paid special leave in May 2022 (after 8 April 2022).   No suitable alternative duties are available, and the employer has now decided to temporarily stand Susan down.   As Susan has already received two (2) weeks paid special leave in relation to COVID-19 since 8 April 2022, she is entitled to two (2) weeks paid COVID-19 special leave (instead of four (4) weeks paid COVID-19 special leave).

 

14.5    Paid COVID-19 special leave under subclauses 14.3 and 14.4 may be taken:

 

(a)       in one continuous period; or

 

(b)       two or more separate periods.

 

14.6    Where an employee is only partially stood down (i.e. working reduced hours or reduced days) paid COVID-19 special leave shall be calculated on a pro-rata basis and is only payable on the hours that the employee is stood down from work.

 

14.7    Employees may be recalled back to work by the employer during paid COVID-19 special leave by the giving 24 hours’ notice or such shorter period of notice as may be agreed.

 

14.8    Part-time employees shall be entitled to paid COVID-19 special leave on a pro-rata basis according to the regular number of hours worked.

 

14.9    Paid COVID-19 special leave shall be regarded as service for the purposes of computing entitlements under the LG (State) Award.  Paid COVID-19 special leave shall also be regarded as ordinary time earnings (OTE) for the purposes of superannuation guarantee contributions. 

 

15.  Savings and Transitional

 

15.1    Nothing in this Award limits the employer’s right to direct employees to take accrued annual leave and/or long service leave in accordance with the provisions of the LG (State) Award.

 

15.2    Nothing in this Award prevents the employer from providing additional benefits to employees to help mitigate the adverse effects of COVID-19 on employees.

 

15.3    If, after the commencement of this Award, an employer receives new or additional State and/or Commonwealth Government funding in relation to COVID-19, the employer shall take such funding into consideration when deciding whether to extend the benefits provided by this Award or to provide additional benefits to mitigate the adverse effects of COVID-19 on employees.

 

16.  Leave Reserved

 

16.1    Nothing in this Award limits the employer’s right to direct employees to take accrued annual leave and/or long service leave in accordance with the provisions of the LG (State) Award.

 

16.2    Leave is reserved for the Parties to the Award to apply to vary this Award and/or access the Industrial Relations Commission of New South Wales should a State or Commonwealth Government assistance/funding package related to COVID 19 be provided to Employers and/or Employees.

 

 

Schedule A-Employers covered by this Award

 

A.1      The employers listed in Table 1 below are the employers covered by this Award, as provided by subclause 3.1.

 

Table 1 - Employers covered by the Award, and operative date of subclause 14.4

 

Column A (Subclause 14.4 operates on and from 8 April 2022	Column B (Subclause 14.4 operates on and from …)	Column C (Subclause 14.4 operates on and from …)	Column D (Subclause 14.4 operates on and from …)
Albury City Council Armidale Regional Council Ballina Shire Council Bathurst Regional Council Bayside Council Bega Valley Shire Council Bellingen Shire Council Berrigan Shire Council Blacktown City Council Bland Shire Council Blayney Shire Council Blue Mountains City Council Bogan Shire Council Bourke Shire Council Brewarrina Shire Council Broken Hill City Council Burwood Council Byron Shire Council Cabonne Council Camden Council Campbelltown City Council Canada Bay City Council Canterbury Bankstown Council Carrathool Shire Council Castlereagh Macquarie County Council Central Coast Council Central Darling Shire Council Central Tablelands Water County Council Cessnock City Council City of Lithgow Council City of Parramatta Council City of Ryde Council City of Sydney Council Clarence Valley Council Cobar Shire Council Coffs Harbour City Council Coonamble Shire Council Cootamundra-Gundagai Regional Council Cowra Shire Council Cumberland City Council Dubbo Regional Council Dungog Shire Council Edward River Council Fairfield City Council Federation Council Georges River Council Gilgandra Shire Council Glenn Innes Severn Council Goldenfields Water County Council Greater Hume Shire Council Griffith City Council Gunnedah Shire Council Gwydir Shire Council Hawkesbury City Council Hawkesbury River County Council Hay Shire Council Hilltops Council Hornsby Shire Council Inner West Council Inverell Shire Council Junee Shire Council Kempsey Shire Council Ku-ring-gai Council Lachlan Shire Council Lane Cove Municipal Council Leeton Shire Council Lismore City Council Liverpool City Council Liverpool Plains Shire Council Lockhart Shire Council Maitland City Council Mid-Coast Council Moree Plains Shire Council Mosman City Council Murray River Council Murrumbidgee Council Muswellbrook Shire Council Nambucca Valley Council Narrabri Shire Council Narrandera Shire Council Narromine Shire Council Newcastle City Council North Sydney Council Northern Beaches Council Oberon Council Orange City Council Parkes Shire Council Penrith City Council Port Macquarie Hastings Council Port Stephens Council Queanbeyan-Palerang Regional Council Randwick City Council Regional Council Riverina Water County Council Rous County Council Shellharbour City Council Shoalhaven City Council Singleton Council Snowy Monaro Regional Council Snowy Valleys Council Sutherland Shire Council Sutherland Shire Council Tamworth Regional Council Temora Shire Council Tenterfield Shire Council The Council of the Municipality of Hunters Hill The Council of the Municipality of Kiama The Hills Shire Council Tweed Shire Council Upper Hunter Shire Council Upper Lachlan Shire Council Uralla Shire Council Wagga Wagga City Council Walcha Council Walgett Shire Council Warren Shire Council Warrumbungle Shire Council Waverley Council Weddin Shire Council Wentworth Shire Council Willoughby City Council Wingecarribee Shire Council Wollondilly Shire Council Wollongong City Council Woollahra Municipal Council Yass Valley Council

 

 

 

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Printed by the authority of the Industrial Registrar.