Local Government
(Electricians) (State) Award
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.
|
C9556
|
20 January 2023
|
1 September 2022
|
393
|
1562
|
C9697
|
27 October 2023
|
1 September 2023
|
395
|
631
|
C9930
|
14 March 2025
|
1 September 2024
|
397
|
1095
|
PART
A
1. Arrangement
Clause No. Subject Matter
PART A
1. Arrangement
2. Anti-Discrimination
3. Definitions
4. Skill Descriptors
5. Rates of Pay
6. Appointments and Promotions
7. Special Allowances
8. Tool Allowances
9. Terms of Employment
10. Calculation of Service
11. Hours
12. Part-time and Casual Employees
13. Overtime
14. On Call
15. Meal Breaks and Allowances for Overtime
Work
16. Holidays
17. Annual Leave
18. Sick Leave
19. Carer’s Leave
20. Bereavement Leave
20A. Parental Leave
21. Leave Without Pay
22. Long Service Leave
23. Training
24. Travelling Allowance
25. Higher Paid Work
26. Clothing
27. Driving of Motor Vehicles
28. Industry Allowance
29. Termination of Employment
30. Redundancy and Technological Change
31. Miscellaneous
32. Disciplinary, Grievance and Dispute
Procedures
33. Council Agreement
34. Performance Evaluation and Reward
35. Consultative Mechanisms
36. Jury Service
37. Salary Sacrifice
38. Superannuation Fund Contributions
39. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage
Rates
Table 2 - Other
Rates and Allowances
SCHEDULE A
Clothing Regulations
2. 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 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 an 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, 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;
(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.
NOTES
(a) Employers and employees may
also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination
Act 1977 provides:
"Nothing in the Act affects
... any other act or practice of a body established to propagate religion that
conforms to the doctrines of that religion or is necessary to avoid injury to
the religious susceptibilities of the adherents of that religion."
3. Definitions
(i) Discharge
means termination of an employee's service by the council as
a consequence of retrenchment, re-organisation or shortage of work or
other reasons for which the employee may not be entirely responsible.
(ii) Dismissal means termination
of an employee's service by the council for misconduct, inefficiency,
unsuitability or repeated absences from work.
(iii) Resignation means voluntarily
leaving the service of the council.
(iv) Service means service
calculated in accordance with the provisions of Clause 10, Calculation of
Service, of this award.
(v) Council means a Municipal,
City, Shire or County Council within New South Wales.
4. Skill Descriptors
(i) Band
1 - Apprenticeship
This level will cover all
apprentices and trainees engaged in the electrical trade and associated
training which may lead to trade, technical or professional qualifications and
is characterised by the following:
Authority and accountability:
Completion of tasks with work closely monitored by the tradesperson, team
leader or supervisor.
Depending on the level of skill
and the degree of training the employee may complete either work or sections of
the work which will then be checked by the tradesperson etc or may work under
close supervision.
The level of authority and
accountability will also be indicated by the employee’s position on the Trainee
scale. Employees' will be responsible for the quality of their own work up to
their level of skill and competence and subject to supervision and instructions/guidance.
Judgement and problem solving:
Judgement is dependent on the level of skill and competence and the degree of
training and will be subject to co-ordination by other workers.
Specialist knowledge and skills:
Specialist knowledge and skills are obtained through on the job training and council based induction training. This training complements
that received off the job which will lead to trade, technical or professional
qualifications. The application of the specialist knowledge and skills will
depend on the stage that the employee has reached in his/her training.
Employees will be required to follow and apply rules, regulations, guidelines,
instructions and procedures pertinent to their work.
Management skills: No skills in
supervising others will be required. Employees should be able to apply self management skills.
Interpersonal skills:
Communication with other staff in receiving instructions and in advising of
work carried out. Communication with the public may also occur.
Qualifications and experience:
Completion of School Certificate or the Higher School Certificate may be sought
but at least a standard of education sufficient to allow entry into the
appropriate course that leads to a trade, technical or professional qualification.
Completion of an appropriate labour market program or similar short term work/skills experience is desirable.
(ii) Technical/Trades Band:
A key element of entry into this Band
is the requirement for a trade certificate or equivalent qualification gained
through a TAFE College or other accredited training institution.
Band 2, Level 1 Skill Descriptors
Authority and accountability:
Responsible for the completion of work requiring the application of trades or
technical skills. Assist in the provision of training as an adjunct to formal
apprentice/trainee training. Understand and implement quality control measures.
Employees usually work under general direction within established priorities,
either individually or in a team.
Judgement and problem solving:
Skills in assessing situations, determine processes, tools or approaches to
problems and provide trade guidance and assistance as part of a work team.
Specialist knowledge and skills:
Position 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 in either technical
or non technical language.
Qualifications and experience:
Appropriate work related trade certificate or modules
of an advanced certificate or associate diploma or specialist skills training.
Band 2, Level 2
Positions at this level require
the application of knowledge usually gained through the completion of a post
trades certificate and/or advanced certificate in an appropriate discipline.
Skill Descriptors
Authority and accountability:
Responsibility as a trainer/coordinator for the operation of a small section
which uses staff and other resources, or the employee in the position completes
tasks requiring specialised technical 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 available from others in solving problems. Exercise
independent judgement and initiative in assessing tasks or jobs and work
practices to accomplish results in accordance with established goals.
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 have a role to
explain 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 skills which is likely to be, based upon
suitable post certificate or advanced certificate level qualifications but may
be obtained through experience and training.
Band 2, Level 3
These positions require the
application of the highest level of training within technical / trade
positions. Positions at this level are characterised by the possession and
application of skills obtained through an Associate Diploma or Electrical
Engineering Certificate and experience within a specialist area.
Positions at this level may have a
supervisory role over other technical / trades staff. This will involve the
application of job specific skills as well as the management / supervision of
staff.
Work at this level requires a
sound knowledge of program, activity, policy or service aspects of the work
performed in a number of work areas.
Employees working at this level
would be expected to demonstrate their sound multi-skill or specialised skill
base in positions demanding the exercise of independence and/or authority.
Employees here maybe required to co-ordinate a range
of activities, identify potential or desired outcomes; contribute critical
knowledge and skills.
Employees use judgement and
initiative in studying, analysing and interpreting information with the aim of
reaching conclusions and decisions.
At this level there would be staff
with accountability for the oversight of particular
operational areas or projects where there is a requirement to establish
work priorities, supervise subordinate training and development, allocate and
schedule work, liaise with equipment suppliers, write technical reports,
provide advice on improved methods/systems of work performance and implement
agreed operational programs.
Where positions at this level have
supervisory responsibilities these would include the
development of appropriate training programs related to group development in
the functional area. Sound liaison and communication skills and the capacity to
negotiate may be required.
Work at this level requires a good
general knowledge of the council's operations, combined with a specialist
knowledge of major activities within the work area.
Skill Descriptors
Authority and accountability: May
be responsible to provide a specialised/technical service and to allocate,
schedule and complete work which has elements of complexity. Make
recommendations within council and represent council 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 vary 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 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
Associate Diploma, combined with extensive experience in the application of
skills in the most complex areas of the job but may be obtained through
experience and training.
(iii) Professional/Specialist Band
Professional/Specialist staff are
employees who provide specialist services to council and require a degree
qualification. They have specialist training which, above the band entry level
is supplemented by experience either within or outside Local Government.
Positions will require
professional/specialist expertise in the planning, development and
implementation of council services/policies. Key elements of such positions
relate to the ability to solve complex problems, integrate information in the
development of policies, take accountability for decisions and exercise
delegated authority.
The Professional/Specialist band
will include both positions which have a staff role in the provision of advice
or services, and those which manage units or functions within the council
requiring management skills in directing and controlling projects/groups.
Band 3, Level 1
This level is the entry level to
the Professional / Specialist Band and requires tertiary qualifications.
Skill Descriptors
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
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 and requires the exercise of
independent judgement and initiative.
Specialised 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 may
manage projects involving monitoring, motivating and co-ordination of
resources.
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.
Band 3, Level 2
Professional/specialist positions
classified within this level cover both advisory and project management
responsibilities.
At this level there would be staff
with accountability for the oversight of particular
operational areas or projects where there is a requirement to establish
work priorities, supervise subordinate training and development, allocate and
schedule work, subcontract work, negotiate with equipment suppliers, write
technical reports, provide advice on improved methods/systems of work
performance and implement agreed operational programs.
Discussions taken or delegations
exercised at this level may have major impact on the day-to-day operations. The
impact, however, is likely to be confined to the work area or function.
Delegations may be exercised and may, depending on the role and function of the
position, involve making decisions, instigating alternate courses of action, or
reviewing previous decisions.
Supervisory responsibilities may
be an important function of a position at this level, but this can vary widely
depending on factors such as work area, location, priorities, workload,
operational deadlines and the availability of staff resources to assist.
At this level complex work is
undertaken with limited direction as to work priorities and the detailed
conduct of the task. Positions may have independence of action including the
use and allocation of resources within the constraints laid down by senior
management. Where budgets are an accountability of the position independence in
acting within budget is permitted.
Skill Descriptors
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’s knowledge and skills:
Experience in the application of technical concepts and practices requiring
additional training is 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.
Band 3, Level 3
Positions at this level undertake
a management function or senior specialist role or provide professional
direction for a particular program, activity or service to achieve results in
line with the corporate goals of the council. Positions at this level may be
required to undertake the allocation and monitoring of resources and to
contribute to the development of policy initiatives or corporate strategies.
Skill Descriptors
Authority and accountability:
Provides a professional advisory role to people within or outside council. Such
advice may commit the council and have significant impact upon external parties
dealing with council. The position may manage several major projects or
sections within a Department of the council.
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 numbers 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 council 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.
Band 3, Level 4
Positions at this level are the
most knowledgeable and skilled across the range of responsibilities in the
professional/specialist level Band.
Positions at this level have a
high degree of autonomy and decisions taken have significant impact on the
operation of the organisation. Delegations exercised may, depending on the role
and function of the position, involve being the final authority in the purposes
of approving expenditure of funds, undertaking specific action in line with
council policy, reviewing any previous action or decision in the work area.
Management responsibilities may
form a significant focus of positions whilst the development of guidelines, rules,
regulations, procedures or instructions for either staff or other interested
parties may be co-ordinated at this level.
Skill Descriptors
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 council 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 council 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 council 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.
5. Rates of Pay
Apprenticeship
|
1st year
|
See Part B, Table 1
|
|
2nd year
|
See Part B, Table 1
|
|
3rd year
|
See Part B, Table 1
|
|
4th year
|
See Part B, Table 1
|
Technical/Trades
|
Level 1
|
See Part B, Table 1
|
|
Level 2
|
See Part B, Table 1
|
|
Level 3
|
See Part B, Table 1
|
Professional
|
Level 1
|
See Part B, Table 1
|
|
Level 2
|
See Part B, Table 1
|
|
Level 3
|
See Part B, Table 1
|
|
Level 4
|
See Part B, Table 1
|
The rates of pay as set out in Table 1 - Rates of Pay, of
Part B, Monetary Rates, are inclusive of the adult basic wage from time to time
effective.
All rates are entry level rates of pay only, with the exception of the rates paid to apprentices which
will be actual rates of pay. An adult apprentice (i.e. a person employed as an
apprentice who is 21 years of age or over at the time of entering into the
indenture) will be paid a rate of pay no lower than that prescribed for a third year apprentice.
Councils will introduce a salary system to complement the skills based structure and rates of pay of the award.
The current weekly rate of pay of an employee for the
purposes of the Workers Compensation legislation will be the rate paid to the
employee under the salary system.
6. Appointments and Promotions
(i) Where
it is proposed to make an appointment to a position within the organisational
structure of the council, the position must be advertised in a manner
sufficient to enable suitably qualified persons to apply for the position. This
may be satisfied by internal advertisement, if there are sufficient suitably
qualified employees engaged by council.
(ii) When the decision is being
made to appoint a person to a position:
(a) only a person who has applied
for appointment to the position may be selected; and
(b) from among the applicants
eligible for appointment, the applicant who has the greatest merit is to be
selected.
(iii) The merit of the persons
eligible for appointment to a position is to be determined according to:
(a) the nature of the duties of
the position; and
(b) the abilities,
qualifications, experience and standard of work performance of those persons
relevant to those duties.
(iv) Subclauses (i), (ii) and (iii) of this clause do not apply to any
appointment by way of demotion or lateral transfer unless the general manager
decides that those subclauses are to apply to the appointment.
(v) If a position within the
organisation structure of the council is vacant or the holder of such a
position is sick or absent the general manager may appoint a person to the
position temporarily. A person appointed
to a position temporarily may not continue in that position for a period of
more than 12 months.
7. Special Allowances
(i) Allowances
Applicable - except as otherwise provided for in this award, the following
allowances will be paid to those employees who are required to hold a trade
qualification and are not in a supervisory or technical position in addition to
the rates of pay prescribed herein:
(a)
|
Whilst engaged on unusually
dirty work and/or work of a particularly offensive nature
|
See Part B, Table 2
|
(b)
|
Whilst working in wet places or
outdoors in wet weather where clothing and/or boots became saturated, whether
by water, oil or other liquids
|
See Part B, Table 2
|
(c)
|
Whilst working in confined
spaces, being a compartment, space or place, the dimensions of which
necessitate working in a stooped or otherwise cramped position or without
proper ventilation.
|
See Part B, Table 2
|
(d)
|
Whilst working underground or
in trenches being 4 feet or more in depth
|
See Part B, Table 2
|
(e)
|
Whilst working with raw
sewerage to the extent that the employee comes into physical contact
sufficient that it attaches to the employees clothes
|
See Part B, Table 2
|
(ii) Multiple Allowances -
allowances prescribed by this clause will be applied concurrently, one with the
other as the circumstances of the work will determine, provided that not more
than one of the allowances prescribed in subclause (i)
of this clause, is to be applied at the same time in which case the highest of
such allowance will apply.
(iii) Paid on Overtime - allowances
prescribed by this clause will apply during periods of overtime performed
outside the ordinary hours of duty, as the circumstances and nature of the work
require.
(iv) Non-Extended Payment -
allowances prescribed by this clause will apply only as the circumstances
determine and will not be applicable in the calculation of any other benefit or
entitlement except in respect of overtime, as prescribed by subclause (v) of this
clause.
(v) Allowances Indivisible -
allowances prescribed by this clause are indivisible and will be paid at the
rate prescribed for each hour or part of an hour.
8. Tool Allowances
(i) Payments
Applicable - except as otherwise provided for in this award, in addition to the
rates of pay prescribed for employees required to supply their own tools of
trade, a tool allowance as set out in item 8 of Table 2 - Other Rates and
Allowances of Part B, Monetary Rates should be paid.
(ii) Complete Tool Kits -
allowances paid to employees in accordance with this clause will be deemed to
apply in respect of a full range of tools ordinarily used in carrying out the
trade, occupation, duties and functions of the employee's appointed classification
and the employee will if requested to do so, furnish a list of such tools which
are provided for use on the job.
(iii) Ownership of Tools - tools for
which allowances are paid will remain the property of the employee but will be
kept in proper working condition and will be available for
use by the employee at all times in the exercise of the employee’s
duties.
(iv)
(a) Compensation for Loss of
Tools - tools, in respect of which an allowance is paid, will be replaced or
paid for by the council in the event of their loss or damage by fire or other
cause beyond the employee's control, or in the event of their theft during any
act of breaking and entering of premises or council property outside the
ordinary working hours provided such tools were kept in accordance with any
established provisions for their security.
(b) Provided that this sub-clause
will not apply if the council has requested the employee to supply a list of
tools required to be kept on the job and the employee has not supplied such a
list. The council has the right to inspect the employee's tools at regular
intervals to ensure that they match the list supplied by the employee and that
they match the requirements of the job. The employee will be liable to pay the
amount as set out in item 8 of the said Table 2 of each claim for compensation.
(v) Special Purpose Tools -
allowances prescribed by this clause will not cover tools required for special
uses or purposes outside of the ordinary trade functions of the employee's
classification.
(vi) Proper Use of Tools - tools,
and other such equipment, implements or articles, issued to an employee will be
used only in the course of employment duties, and for the purpose for which
they are supplied.
(vii) Care of Tools - employees will
be responsible for the proper upkeep of all tools, and other such equipment,
implements and articles, issued for their use, and will replace or pay for any
such items lost or damaged through misuse or negligence as deemed to be just
and reasonable in the circumstances.
(viii) Payment for Other Purposes -
allowances prescribed by this clause will apply during periods of absence on
annual leave, sick leave, long service leave and award holidays, but will not
be accountable in the calculation of any entitlement and/or payment for accrued
leave made to the employee upon termination of service.
(ix) Allowances Indivisible -
allowances prescribed by this clause are indivisible, except where the
allowance has commenced, or ceases to be paid, on a date which does not
coincide with the usual pay period. In this event, the allowance may be divided
by one-fifth for each award-paid day, or part of a day.
9. Terms of Employment
(i) Employees
may by mutual agreement be paid by either the week, fortnight or other period.
(ii) Council may pay by cash,
cheque or direct credit to the employee's nominated account. Where council pays
by cheque or direct credit, all charges ancillary to such payments will be met
by council.
(iii) Each council will fix a
regular payday for the payment of wages where mutually agreed upon between the
council and the employee. Council may alter the payday if there is prior
agreement with employees.
(iv) If the council and employees
cannot agree to alter the method of payment of wages, the dispute procedure is
to be followed.
10. Calculation of Service
(i) Except
where herein provided an employee’s service with the council will for all
purposes of the award be taken to be that continuous period from the date of
commencement to the date of termination of employment.
(ii) The following periods will be
included in the calculation of the employees' service with the council: -
(a) Any service with a city,
municipality, shire or county council in NSW from which the employee has been
directly transferred including transfer resulting from a merger, amalgamation
or transfer of functions to any newly created public or private authority.
(iii) The following periods will be
deducted from the calculation of the employee’s service with the council:
(a) all absences taken without
payment unless specifically approved and accepted by the council as service and
excepting periods of unpaid sick leave.
(b) any period of employment as a
casual employee in accordance with this award.
11. Hours
A. Spread of Hours
(i) The
ordinary hours for all employees will be worked between Monday and Friday and
will not exceed 12 hours in any one day exclusive of unpaid meal breaks.
(ii) Commencing and finishing
times within or outside the spread of hours Monday to Friday as specified in
paragraph (i) of this subclause may be altered by
Agreement between management and the employees concerned. At any stage of discussions either the
employee(s) or the council may seek assistance from the union or association.
(iii) Existing commencing and
finishing times of employees covered by this award will only change by agreement
between those employees and management.
(iv) An unpaid meal break of a
minimum of 30 minutes will be given and taken within the first 5 hours
continuous work. Thereafter, a paid meal break not
exceeding 20 minutes will be given and taken after a further 5 hours continuous
work.
(v) An employee will not at any
time be compelled to work more than 5 hours without a break for a meal. If an
employee is required to work during the normal meal break
then the employee will be paid time and one half rates until the meal break is
given.
B. Arrangement of Hours
Subject to subclause A, Spread of
Hours of this clause, the arrangement of hours will be:
(i)
(a) The ordinary hours of work
for employees in the professional/specialist band and other employees who
worked 35 hours per week prior to the making of this award, will be 35 hours
per week.
(b) The ordinary hours of work
for such employees will be arranged on one of the following bases:
35 hours within one week provided
that at least two days off will be granted; or
70 hours within two weeks provided
that at least four days off will be granted; or
105 hours within three weeks
provided that at least six days off will be granted;
or
140 hours within four weeks
provided that at least eight days off will be granted.
(ii) The ordinary hours of work
for all other employees will be 38 hours per week arranged on one of the
following bases:
38 hours within one week provided that
at least two days off will be granted; or
76 hours within two weeks provided
that at least four days off will be granted; or
114 hours within three weeks
provided that at least six days off will be granted;
or
152 hours within four weeks
provided that at least eight days off will be granted.
(iii) A different arrangement of
hours to that provided for in paragraphs (i) and (ii)
of this subclause may be agreed upon between management and the employees
concerned. At any stage of discussions either the employee(s) or council may
seek assistance from the union or association.
C. General
(i) Any
agreement to alter the spread or arrangement of hours as existed prior to the
introduction of this award must be genuine with no compulsion to agree.
(ii) If no agreement can be
reached between the employees and council concerning the spread or arrangement
of hours then the matter will be referred to the appropriate industrial
tribunal.
12. Part-Time and Casual Employees
(i)
(a) A part-time employee will
mean an employee who is engaged to work a regular number of hours which are
less than the full-time ordinary hours prescribed by the award.
(b) Such employee will receive
all the conditions prescribed by the award on a pro-rata basis of the regular
hours worked.
(c) Where a public holiday falls
on a day which a part-time employee would have regularly worked, the employee
will be paid for the hours normally worked on that day.
(d) Nothing in this clause will restrict
council's ability to enter into job sharing
arrangements with its employees.
(ii)
(a) A casual employee will mean
an employee engaged on a day to day basis.
(b) A casual employee will be
paid a twenty per cent loading on the appropriate hourly rate for every hour
worked. This loading will be paid in
lieu of all leave prescribed by the award.
(c) A casual employee will not
replace an employee of council on a permanent basis.
13. Overtime
(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 will 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
will 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 will be paid at double time.
(iii) Overtime worked on Sunday
will be paid for at the rate of double time.
(iv) Overtime worked on any day,
whether in broken periods or not, will be regarded for the purposes of the
payment of overtime as continuous.
(v) An employee recalled to work overtime without receiving prior notice before
ceasing work will be entitled to a minimum of four hours pay at the appropriate
overtime rate for each time the employee is so recalled or performs such work.
Provided that any subsequent call backs occurring within a four-hour period of
a call back will not attract any additional payment. Except in the case of
unforeseen circumstances arising, the employee will not be required to work the
full four hours if the job the employee was recalled to or which the employee
was required to perform is completed within a shorter period. This subclause
will not apply in cases where the overtime is continuous, subject to a
reasonable meal break, with the completion or commencement of ordinary working
time or where it is customary for an employee to return to the place of work to
perform a specific job(s) outside the employee's normal hours.
(vi) An employee required to work
overtime will be entitled to have at least 10 consecutive hours off duty between
the completion of overtime on one day and the commencement of ordinary hours on
the next working day without loss of pay. If an employee is instructed to
resume work without having had 10 consecutive hours off duty, the employee will
be paid at double ordinary rates until released from duty and then will be
entitled to a 10-hour break without loss of pay for hours normally worked. This subclause will not apply to employees on
a call back unless required to work for four hours or more.
(vii) Overtime will be claimed
within 30 days of it being worked.
(viii) Where there is prior agreement
between the council 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 equivalent time off in lieu of the
hours worked.
(ix) Where an employee, after
having worked overtime, finishes work at a time when reasonable means of
transport, including the employee’s own vehicle, are not available the council
will provide the employee with a conveyance to the employee’s home or pay the
employee at the ordinary time rate of pay for the time reasonably occupied in
reaching such home. The employee will be required to advise council at the time
that the overtime is being arranged that the employee will be unable to
conveniently travel home after working overtime.
14. On Call
(i) For
the purposes of this award, an employee will be deemed to be on call if
required by the council to be available for duty outside of
ordinary hours at all times in order to attend emergency and / or
breakdown work.
(ii) Employees who are required to
be on call are not required to remain at their usual place of residence or
other place appointed by council. However, an on call
employee must be able to be contacted and be fit for duty and is required to
proceed directly to and from the job without any unnecessary delay.
(iii) Employees required to be on
call for any period outside their ordinary hours will be paid an on call allowance as set out in item 14 of Table 2 - Other
Rates and Allowances of Part B, Monetary Rates, whilst the employee is required
to be on call.
(iv)
(a) Any employee engaged prior to
1 July 1995 who is placed on call and is required to work outside his/her
ordinary hours will be entitled to be paid double time for the time worked.
(b) For an employee engaged prior
to 1 July 1995 the minimum time payable for each call out will be based on at
least one hour at double time.
(c) For an employee engaged on or
after 1 July 1995 who is placed on call and is required to work outside his/her
ordinary hours will be entitled to be paid overtime at the appropriate rate for
time worked.
(v)
(a) Any employee engaged prior to
1 July 1995 who is required to be on call on a public holiday will have one day
added to the employee's annual leave.
(b) Any employee engaged on or
after 1 July 1995 who is required to be on call on a public holiday will have
one half day added to the employee’s annual leave.
(vi) Employees on call and standing
by will not be required to be constantly available for on call duties beyond a
period of four weeks, where there are other employees available for such duty.
Where there are no other employees available for inclusion on a roster then the
employee concerned will have at least one weekend (comprising two consecutive
days) off duty in each period of four weeks without reduction of the allowance
paid.
(vii) The allowance paid under this
clause will continue to be paid to the employee during periods of annual leave,
long service leave, sick leave and workers compensation, on
the basis of his/her usual payment, provided that the employee has been
on call and standing by constantly for a period of at least one month prior to
such leave occurring.
(viii) For the purpose of this clause
a call out will commence from the time the employee receives notification of a
call out and ceases when the employee has returned home from such call out.
15. Meal Breaks and Allowances for Overtime Work
(i) An
employee who, having been so instructed, works overtime for two hours or more
prior to the agreed commencing time will be paid a meal allowance as set out in
item 15 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates.
(ii)
(a) An employee who, having been
so instructed, works overtime for 1 1/2 hours or more immediately after the
agreed finishing time will be allowed a meal break of 20 minutes which will be
paid for at the appropriate overtime rate. The employee will also be entitled
to a meal allowance as set out in the said item 15.
(b) Where overtime worked
continues immediately after the agreed finishing time for 4 hours or more the
employee will be allowed a further meal break of 20 minutes which will be paid
for at the appropriate overtime rate. The employee will also be entitled to a
meal allowance as set out in item 15 of the said Table 2.
16. Holidays
(i) The
days on which holidays will be observed are as follows: New Year's Day,
Australia Day, employees picnic day (to be held on such day as is mutually
agreed between the council and the majority of all of its employees) Good
Friday, Easter Saturday, Easter Monday, Anzac Day, Queens Birthday, Labour Day,
Christmas Day, Boxing Day and/or proclaimed public holidays.
(ii) Where any of the holidays
prescribed by this award fall on a day ordinarily worked by the employee, the
employee will not have a reduction in ordinary pay.
(iii) An employee who absents
himself/herself from duty without the approval of the council on the working
day prior to and the working day following any holiday will not be entitled to
payment for such holiday.
(iv)
(a) For an employee engaged prior
to 1 July 1995, time worked on a holiday by that employee within the employees
normal working hours will be paid for at double ordinary rates for the time so
worked in addition to the ordinary days pay.
(b) For any employee engaged
prior to 1 July 1995, time worked on a holiday by that employee outside the
employees normal working hours will be paid for at double and
one half ordinary rates.
(c) For any employee engaged on
or after 1 July 1995, who is required to work on a holiday as prescribed by
this clause, the employee will be paid at double time and a half inclusive of
payment for the day with a minimum payment of 4 hours worked.
(d) Where an employee is required
to work ordinary hours on a holiday as prescribed by this award, the council
and the employee may agree that the employee be paid time and a half for the
hours worked on the holiday and in addition be granted a day off at ordinary
time for the holiday. Such leave will be taken at a mutually convenient time.
17. Annual Leave
(i) Annual
leave of absence, consisting of four weeks at the ordinary rate of pay
exclusive of award holidays observed on a working day, will be granted to an
employee who has given twelve months' service and will be taken on its due date
or as rostered within the ensuing twelve months, excepting under special
circumstances as approved by the council whose decision will be final.
(ii)
(a) Where a rotating annual leave
roster, as agreed upon by the council and the Union concerned, is put into
operation, for the purpose only of working of such roster system, the council
may allow annual leave to be taken before its due date.
(b) Where an employee has been
allowed annual leave before its due date and the employee’s service is
terminated any amounts paid in advance of the entitlement will be deducted from
the termination pay.
(iii) On resignation or termination
of employment, the council will pay to the employee any accrued annual leave. In
addition, the employee will be paid annual leave on a proportionate basis being
equal to one twelfth of the employee's ordinary weekly rate of pay for each
completed week of service. The amount
payable will be calculated according to the ordinary rate of pay applicable at
the date of termination of service.
Provided that the employee will
not receive payment for more than four weeks annual leave for any period of
twelve months.
(iv) Annual Leave Loading -
Employees entitled to annual leave under this award will receive, in addition
to such entitlements, a monetary loading of seventeen and one half per cent,
calculated and payable as follows:
(a) Such loading will apply only
to annual leave entitlements and not to any additional days (or other time)
added to an employee's annual leave to compensate for working on an award
holiday or for any other reason or purpose provided for by this award.
(b) Payment of the loading will
be calculated upon the employee's ordinary time rate of pay pertaining at the
time such leave is taken or otherwise discharged.
(c) When the employment of an
employee is terminated by council for any reason other than misconduct and such
employee has not taken the whole of the annual leave entitlement accrued, other
than any pro-rata annual leave entitlement, the employee will be entitled to
loading on such accrued annual leave.
(d) Where, by arrangement with
the council, annual leave is taken in advance of it falling due, such loading
may at the council’s discretion also be applied in advance with the leave
taken.
(e) Such loading will be paid at
the commencement of each period of annual leave as taken (i.e., not later than
the employee's usual ceasing time on the last working day prior to the employee
going on leave).
18. Sick Leave
(i) An
employee who is unable to attend for duty due to illness or injury will be
entitled to sick leave of absence without deduction of pay on the following
conditions:
(a) the employee may be required
to produce or forward evidence satisfactory to the council that the illness or
injury is such that it justifies the time off and does not arise from serious
misconduct and;
(b) that the illness or injury
does not arise from engaging in other employment concurrent with employment
with the council; and;
(c) that the illness or injury
does not arise out of or in the course of employment such that it is
compensable under the relevant Workers Compensation legislation and;
(d) that proof of incapacity such
as to justify payment must be given after more than two days absence or after
three separate periods of absence in each service year and;
(e) that
employees engaged prior to 1 July 1995 will be entitled to accumulate
sick leave upon completion of the following continuous service with council:
After first 3 months an initial
|
3 days
|
After first 6 months a further
|
4 days
|
After first 12 months a further
|
8 days
|
After first 18 months a further
|
6 days
|
After first 24 months a further
|
9 days
|
After first 36 months a further
|
15 days
|
After first 48 months a further
|
15 days
|
After first 60 months a further
|
18 days
|
After each additional 12 months a further
|
18 days
|
or
(f) That employees engaged on or
after 1 July 1995 will be entitled to accumulate sick leave on
the basis of 5 days after 3 months service with the council provided
that after each 12 months service the employee will be entitled to 15 days sick
leave.
(ii) Sick leave not taken will
accrue and accumulate and will be taken with the last entitlement being taken
first.
(iii) Where an employee has had 10 years service with the current council and has exhausted
all sick leave available, the council may grant such additional sick leave as,
in its opinion, the circumstances warrant.
(iv) In the event of the retirement
of an employee who was engaged by council prior to 1 July 1994 the employee
will be paid all untaken sick leave accrued at the current council standing to
the employee’s credit at the date of retirement subject to the provisions of
Section 14 of Schedule 4 of the Industrial Relations Act 1996.
Retirement age means termination
of an employee's service with the council at any time after the employee
attains the age of 55 years.
(v) If the employee becomes sick
or is injured whilst on annual leave and produces within a reasonable time,
satisfactory medical evidence that the employee is unable to derive benefit
from annual leave, the employee will be granted, at a time convenient to council,
additional leave equivalent to the period of sickness or injury occurring
within the scheduled period of annual leave; provided that the period of
sickness or injury is at least seven consecutive days.
(vi) If the employee becomes sick
or injured whilst on long service leave and produces within a reasonable time
satisfactory medical evidence that the employee is unable to derive benefit
from the taking of such long service leave, the employee will be granted, at a
time convenient to the council, additional leave equivalent to the period of
sickness or injury occurring within the scheduled period of long service leave,
provided that the continuous period of sickness or injury is equivalent to at
least one quarter of the period of long service leave taken, or two weeks,
whichever is the shorter period and provided further, that such leave will be
debited against the employee's sick leave entitlement.
(vii) Accumulated sick leave will be
transferable on change of employment from one council to another council within
New South Wales to the extent of not more than 13 weeks.
(viii) The council may request
employees to attend council’s doctor at council’s cost.
19. Carer’s Leave
(1) Use of Sick Leave
(a) An employee, other than a
casual employee, with responsibilities in relation to a class of person set out
in 19(1)(c) who needs the employee’s care and support, will be entitled to use,
in accordance with this subclause, any current or accrued sick leave
entitlement, provided for at clause 18, Sick Leave, of the 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.
(b) The employee will, if
required,
(1) 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
(2) 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.
In normal circumstances, an
employee must not take carer's leave under this subclause where another person
had taken leave to care for the same person.
(c) The entitlement to use sick
leave in accordance with this subclause is subject to:
(i) The
employee being responsible for the care of the person concerned; and
(ii) The person concerned being:
(a) A spouse of the employee; or
(b) 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
(c) A child or an adult child
(including an adopted child, a step child, a foster
child or an ex nuptial child), parent (including a foster parent and legal
guardian), grandparent, grandchild or sibling of the employee or spouse or de
facto spouse of the employee; or
(d) A same sex partner who lives
with the employee as the de facto partner of that employee on a bona fide
domestic basis; or
(e) A relative of the employee
who is a member of the same household, where for the purposes of this
subparagraph:
(1) "relative" means a
person related by blood, marriage or affinity;
(2) "affinity" means a
relationship that one spouse because of marriage has to
blood relatives of the other; and
(3) "household" means a
family group living in the same domestic dwelling.
(d) An employee will, 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 will notify the employer by telephone of such absence at
the first opportunity on the day of absence.
Note: In the unlikely event that
more than 10 days sick leave in any year is to be used for caring purposes the
employer and employee will discuss appropriate arrangements which, as far as
practicable, take account of the employer’s and employee’s requirements.
Where the parties are unable to
reach agreement the disputes procedure at clause 32, Disciplinary, Grievance
and Dispute Procedures, should be followed.
(2) Unpaid Leave for Family
Purpose
An employee may elect, with the
consent of the employer, to take unpaid leave for the purpose of providing care
and support to a class of person set out in 19(1)(c) above who is ill or who
requires care due to an unexpected emergency.
(3) Annual Leave
(a) An employee may elect, with
the consent of the employer to take annual leave not exceeding ten days in
single-day periods, or part of a day, in any calendar year at a time or times
agreed by the parties.
(b) Access to annual leave, as
prescribed in paragraph (a) of this subclause, will be exclusive of any
shutdown period provided for elsewhere under this award.
(c) An employee and council may
agree to defer payment of the annual leave loading in respect of single day
absences, until at least five consecutive annual leave days are taken.
(d) An employee may elect with
the employer’s agreement to take annual leave at any time within a period of 24
months from the date at which it falls due.
(4) Time Off in Lieu of Payment
for Overtime
(a) For the purpose only of providing
care and support for a person in accordance with subclause (1) of this clause,
and despite the provisions of 13, Overtime, the following provisions will
apply.
(b) An employee may elect, with
the consent of the council, to take time off in lieu of payment for overtime at
a time or times agreed with the employer within 12 months of the said election.
(c) Overtime taken as time off
during ordinary time hours will be taken at the ordinary time rate, that is an
hour for each hour worked.
(d) If, having elected to take
time as leave in accordance with paragraph (a) of this subclause, the leave is
not taken for whatever reason payment for time accrued at overtime rates will
be made at the expiry of the 12 month period or on
termination.
(e) Where no election is made in
accordance with the said paragraph (a), the employee will be paid overtime
rates in accordance with the award.
(5) Make-up Time
(a) An employee may elect, with
the consent of the council, to work "make-up time", under which the
employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours
provided in the award, at the ordinary rate of pay.
(b) An employee on shift work may
elect, with the consent of the council, to work "make-up time" (under
which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have
been applicable to the hours taken off.
(6) Rostered Days Off
(a) An employee may elect, with
the consent of the employer, to take a rostered day off at any time.
(b) An employee may elect, with
the consent of the council, to take rostered days off in part day amounts.
(c) An employee may elect, with
the consent of the council, to accrue some or all rostered days off for the
purpose of creating a bank to be drawn upon at a time mutually agreed between
the council and employee, or subject to reasonable notice by the employee or
the council.
(d) This subclause is subject to
the council informing each union which is both party to the award and which has
members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility and providing a
reasonable opportunity for the union(s) to participate in negotiations.
(7) Personal Carers Entitlement
for casual employees
(1) Subject to the evidentiary
and notice requirements in 19(1)(b) and 19(1)(d) 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 19(1)(c) 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.
(2) The employer and the employee
will 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.
(3) An employer must not fail to
re-engage a casual employee because the employee accessed the entitlements
provided for in this clause. The rights of an employer to engage or not to
engage a casual employee are otherwise not affected.
20. Bereavement Leave
(i) An
employee other than a casual employee will be entitled to up to two days
bereavement leave without deduction of pay on each occasion of the death of a
person prescribed in subclause (iii) below.
(ii) The employee must notify the
employer as soon as practicable of the intention to take bereavement leave and
will, if required by the employer, provide to the satisfaction of the employer
proof of death.
(iii) Bereavement leave will be
available to the employee in respect to the death of a person prescribed for
the purposes of clause 19(1)(c)(ii) of this award provided that for the purpose
of bereavement leave, the employee need not have been responsible for the care
of the person concerned.
(iv) An employee will not be
entitled to bereavement leave under this clause during any period in respect of
which the employee has been granted other leave.
(v) Bereavement leave may be
taken in conjunction with other leave available under subclause 19(2), (3),
(4), (5) and (6) of this award. In determining such a request, the employer
will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
(vi) Bereavement entitlements for
casual employees
(a) Subject to the evidentiary
and notice requirements in 20(ii) casual employees are entitled to not be
available to attend work, or to leave work upon the death in Australia of a
person prescribed in subclause 19(1)(c) of clause 19, Carer's Leave.
(b) The employer and the employee
will 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) An employer must not fail to re-engage
a casual employee because the employee accessed the entitlements provided for
in this clause. The rights of an employer to engage or not engage a casual
employee are otherwise not affected.
20A. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions will also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
(2) An employer must not fail to
re-engage a regular casual employee (see section 53(2) of the Act) because:
(a) the employee or employee's
spouse is pregnant; or
(b) the employee is or has been
immediately absent on parental leave.
The rights of an employer in
relation to engagement and re-engagement of casual employees are not affected,
other than in accordance with this clause.
(3) Right to request
(a) An employee entitled to
parental leave may request the employer to allow the employee:
(i) to
extend the period of simultaneous unpaid parental leave use up to a maximum of
eight weeks;
(ii) to extend the period of
unpaid parental leave for a further continuous period of leave not exceeding 12
months;
(iii) to return from a period of
parental leave on a part-time basis until the child reaches school age;
to assist the employee in
reconciling work and parental responsibilities.
(b) The employer will consider
the request having regard to the employee's circumstances and, provided the
request is genuinely based on the employee's parental responsibilities, may
only refuse the request on reasonable grounds related to the effect on the workplace
or the employer's business. Such grounds
might include cost, lack of adequate replacement staff, loss of efficiency and
the impact on customer service.
(c) Employee's request and the
employer's decision to be in writing
The employee's request and the
employer's decision made under 20A(3)(a)(ii) and 20A(3)(a)(iii) must be
recorded in writing.
(d) Request to return to work
part-time
Where an employee wishes to make a
request under 20A(3)(a)(iii), such a request must be made as soon as possible
but no less than seven weeks prior to the date upon which the employee is due
to return to work from parental leave.
(4) Communication during parental
leave
(a) Where an employee is on
parental leave and a definite decision has been made to introduce significant
change at the workplace, the employer will take reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an opportunity for
the employee to discuss any significant effect the change will have on the
status or responsibility level of the position the employee held before
commencing parental leave.
(b) The employee will take
reasonable steps to inform the employer about any significant matter that will
affect the employee's decision regarding the duration of parental leave to be
taken, whether the employee intends to return to work and whether the employee
intends to request to return to work on a part-time basis.
(c) The employee will also notify
the employer of changes of address or other contact details which might affect
the employer's capacity to comply with paragraph (a).
21. Leave Without Pay
(i) Periods
of leave without pay other than approved sick leave without pay taken at a time
mutually convenient to Council and the employee will not be regarded as service
for the purpose of computing long service leave, sick leave, annual leave or
annual leave loading. Such periods of
leave without pay will not however, constitute a break in the employee's
continuity of service.
(ii) Where an employee is absent
from work on approved leave without pay, he/she will not be entitled to payment
for any holiday which occurs during the period of absence.
22. Long Service Leave
(i) Except
as hereinafter provided, an employee upon completion of 10 years continuous
service with the presently employing Council will be entitled to long service
leave on full pay as follows:
(a) For employees engaged by the
Council prior to 1 July 1995
Length
of Service
|
Quantum
of Leave
|
After 10 years
|
13 weeks
|
After 15 years
|
a further 8.5 weeks
|
After 20 years
|
a further 13.5 weeks
|
After every completed period of
5 years
|
a further 13 weeks
|
(b) For employees engaged by the
Council on or after 1 July 1995
Length of Service
|
Quantum
of Leave
|
After 10 years service
|
13 weeks
|
After 15 years service
|
a further 6.5 weeks
|
After 20 years service
|
a further 11 weeks
|
For every completed period of 5 years
service thereafter
|
11 weeks
|
(ii) Where an employee has completed
at least five years service but less than ten years service with the Council, and his/her employment is
terminated by the Council for any cause or by the employee on account of
illness or incapacity or domestic or other pressing necessity or death, the
Council will pay to such employee the monetary equivalent of a proportionate
amount on the basis of 1.3 weeks pay for each year of
service computed in monthly periods.
(iii) Long service leave will be
taken at a time mutually convenient to the Council and employee in minimum
periods of 4 weeks provided that all long service leave accruing on or after 23
June 1988 will be taken within 5 years of it falling due at a mutually convenient
time.
(iv) For the purpose of this clause
continuity of service will be deemed not to have been broken by transfer or
change of employment from one Council to another provided the period between
cessation of service with one Council and appointment to the service of another
Council 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 transfer; provided further that the employee concerned does not accept
employment of any kind during the period of paid leave between the cessation of
service with one Council and appointment to the service of another council.
(v) For the purpose of this
clause service will include the following periods;
(a) In the case of an employee transferred
to the service of a Council of a new or altered area - any period of service
with the Council from which such employee was transferred.
(b) Service will mean all
services with a Council irrespective of the classification under which the
employee was employed.
(c) There will be deducted in the
calculation of the employee's service all leave of absence without payment not
specifically acknowledged and accepted by Council as service at the time leave
was taken but excepting periods of unpaid sick leave.
(vi)
(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 Council or Councils will be deemed to be service with the Council by
which the employee is currently employed.
For the purpose
of this subclause continuous service will be in accordance with
subclause (iv) of this Clause.
(b) Where an employee transfers
from one Council to another, the former Council will pay to the newly employing
Council the monetary equivalent of long service leave for the period of service
computed in completed months with the former Council and in respect of which
long service leave has not already been taken or paid for in lieu and
calculated on the basis prescribed in subclause (i)
of this clause at the rate of salary payable on the date of transfer of the
employee.
Where an employee has completed at
least 10 years continuous service with the Council and previously employing
Council(s) as prescribed in this Clause, the employee may elect to be paid the
monetary equivalent of the entitlement to such leave in lieu of having the
monetary equivalent of long service leave standing to the employee's credit
transferred to the newly employing Council.
A statement showing all prior
continuous service with the Council or Councils of the employee concerned will
be furnished together with details of the assessment of the amount forwarded.
Upon receipt of such amount the money will be paid into a long service leave
reserve account and suitable notations made in the Council's Long Service Leave
Record.
(vii) All long service leave already
taken with the Council and with other Councils or bodies established under
Local Government Legislation, and/or the equivalent of any such leave
represented by a cash payment in lieu of such leave paid to the employee upon termination
of service with any such bodies, will be deducted from the accrued leave at
credit to the employee, as calculated in accordance with this Clause.
(viii) A Council which has received
under paragraph (b) of subclause (vi) of this clause a monetary equivalent for
Long Service leave entitlement to cover an employee's period of service with a
previously employing Council or Councils will if the employee subsequently
leaves the service of that employing Council to seek employment outside Local
Government before a long service leave entitlement has become due, refund to
such previously employing Council(s) any amount(s) which were received as
monetary equivalent from such Council(s).
(ix) Payment to an employee
proceeding on long service leave will be made by Council before the employee
enters upon the leave.
(x) When the service of an employee
with more than 10 years service is terminated for any
cause, long service leave will be deemed to have accrued for the employee’s
total length of service and an amount equivalent to such accrued long service
leave, less such leave already taken, computed in monthly periods will constitute
the employee’s entitlement.
(xi) Where an employee has become
entitled to a period of leave, and the employee’s employment is terminated
whether by resignation, death or dismissal for any cause, the employee will be
deemed to have entered upon leave at the date of termination of such employment
and will be entitled to payment accordingly.
(xii)
(a) For employees engaged by
Council prior to 1 July 1995 long service leave will be exclusive of all award
holidays which occur during the period of such leave.
(b) For employees engaged by
Council on or after 1 July 1995. Long service leave provided by this Clause
will be exclusive of annual leave but inclusive of any other holidays occurring
during the taking of any period of long service leave.
(xiii) When the service of an
employee is terminated by death the Council will pay to the employee's spouse
or dependent children or legal representative the monetary equivalent of any
untaken long service leave standing to the employee's credit at the time of death
as determined by the Council
(xiv) Full pay shall mean the salary
prescribed in this award and in the case of an employee who enters upon a
period of leave such salary as is applicable to the said period of leave. In
the case of an employee who dies after having become entitled to but not having
entered upon a period of leave such salary as is applicable at the date of such
death.
23. Training
A. Trade Union Training Leave
(i) An
employee may make application to the council for paid leave to attend a trade
union training course. The granting of such leave is subject to the council's
approval both in respect of the aggregate leave provided and the number of
employees attending.
(ii) A council’s approval of any
application for leave provided by this clause is subject to:
(a) The taking of the leave will
be dependent upon the council being able to make adequate staffing
arrangements.
(b) Courses should be legitimate training
courses run by or approved by the Trade Union Training Authority (TUTA) when
relevant approved education content of an industrial relations nature, and not
courses run by trade unions or T.U.T.A. for the conduct of union business or
any furtherance of their own affairs.
(c) Training courses should be
for union delegates or workplace representatives for whom the approved course
is of relevance.
(d) Written application and at
least six weeks notice for release of employees
should be made to the council by the official union body. (Council may accept a
period of notice which is less than six weeks). A copy of the course syllabus
should accompany every application.
(e) Paid leave will be at the
ordinary rate of pay for ordinary working hours only, with no reimbursement for
overtime, travel time, expenses of other award benefits.
(f) An employee must have one
year's service with council before leave can be granted.
(g) Leave granted will not incur
additional payment to the extent that the course attended coincides with an
employee’s rostered day off or other concessional leave.
(h) No council will be called
upon to pay more than 10 days leave per calendar year irrespective of the
number of council's employees who attend the above mentioned
courses. Such leave will not accumulate
from year to year.
B. Council Training
(i)
(a) The parties to this award recognise
that in order to increase the efficiency and
productivity of the industry a greater commitment to training and skills
development enhancement and maintenance is required.
Accordingly, the parties commit
themselves to:
1. developing a more highly
skilled and flexible workforce;
2. providing employees with
career opportunities through appropriate training to acquire additional skills;
and
3. removing barriers to the
utilisation of skills acquired in accordance with the training plan.
(b) Council will develop a
training plan consistent with:
1. the current and future skill
needs of the Council;
2. the size, structure, and
nature of the operations of the council;
3. the need to develop
vocational skills relevant to the council employees and the Local Government
industry through courses conducted by both public and private providers.
(c) If an employee is required to
undertake a course which will develop skills relevant to the current and future
needs of the council and the industry, and is consistent with the council's
training plan:
1. The council will grant the
employee paid leave to attend course requirements where the training is
undertaken during ordinary working hours;
2. Where the course
requirements contain more than a 15% off-the-job component calculated over any
12-month period the extent to which council will grant paid leave to attend
such course requirements must be specified in the training plan.
3. Council will pay course fees
at the commencement of each stage but will not pay if the employee is
repeating; and
4. Council will either provide
transport or pay reasonable travelling expenses to enable employees to attend
course requirements.
(d) Council may grant an employee
undertaking a course consistent with council's training plan, although not at
council'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 council will give
preference in granting annual leave or other accrued leave to attend course
requirements provided that the employee gives reasonable notice of such
requirements. Council may pay course fees at its discretion.
(ii) Entry Level Training
Entry level training includes:
(a) Induction level training
which adjusts and enhances skills learned outside of the Local Government
industry to the service criteria of a tier of Government;
(b) Career Foundation training
that allows new employees to earn skills within a particular vocation
appropriate to Local Government, such as Australian Traineeship Scheme (ATS)
students; apprenticeship students; or technical and professional students.
(iii) Career Path Development
(a) This award provides councils
and employees with the opportunity to develop career structures within the
award. The emphasis of the career path is to provide and develop new skills
through a structured training program to allow mobility through skill bands.
The establishment of skill-related career paths will provide an incentive for
workers to continue to participate in skills formation.
(b) To provide for genuine and
equitable career path opportunities, employees covered by this award will be
given reasonable opportunity to progress by participating in the training plan.
(iv) Multi-Skilling
(a) This award aims to develop a workforce
with a wide range of skills and abilities by providing employees with an
opportunity to build long term career paths. It also aims to eliminate
impediments to multi-skilling and broadening the range of tasks which a worker
may be required to perform. In this way, the award ensures that work patterns
and arrangements enhance flexibility and the efficiency of the industry.
(v) Training Modules
(a) A training module is a
stand-alone course which supplies part of the required training for each step
within the skill band.
(b) Training modules are designed
to allow each council to choose the modules relevant to its skills
requirements, and employee to choose the modules that further their careers.
(vi) Training Plan
(a) This award allows for each
council to construct a training plan that sets out the modular courses that are
relevant to its skills maintenance, development and enhancement in accordance
with the skills bands and levels of this award.
(b) A training plan will be
designed in consultation with the consultative committee from an analysis of
training needs identified within each council.
(c) Selection of participants to
receive council required training in accordance with council's training plan is
to be based on merit.
(vii) Skills Applied
(a) In order that both employees
and employers have confidence in the ability of employees to apply skills
acquired through the training provisions of this award, skill standards are
expressed in terms of competencies and application of skills is expressed in
terms of performance criteria.
(b) Competencies - A competency
is the ability to perform the activities within an occupation or function to
the standard expected in employment. Key features of competencies are:
1. related to realistic
workplace practices;
2. expressed as an outcome;
3. capable of demonstration and
assessment;
4. complementary to their
performance criteria
5. comprehensible to trainees,
supervisors and employers; and
6. for complex and non-routine work,
expressed in terms that allow for critical thinking, problem solving and the
possibility of no one correct solution.
(c) Performance Criteria -
Performance criteria are statements by which an assessor evaluates the evidence
that an individual can perform the activity specified in a statement of
competence to a level acceptable in employment including measures of quality as
well as quantity where appropriate.
Performance criteria should
consist of outcomes and evaluative statements.
(viii) Skills Acquired
Acquired skills are to be assessed
both on and off the job to supply objective evidence to council that employees
have acquired the necessary skills through training.
24. Travelling Allowance
(i) The
provisions of this clause will not be applicable to employees who are required
to start and/or finish in the council depot, workshop or other agreed starting
point. Nor will it be applicable to employees who are provided, or the council
has offered to provide, transport from the employee’s residence or normal
starting point to the work site and return, free of charge to the employee.
(ii) An employee who is required to
commence and/or finish work at a location away from the employees normal
starting point at the normal starting and/or finishing times or is required to
start overtime work at a location away from the normal starting place will be
paid a travelling allowance as set out in item 24 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates:
Where the employee works at a
distance from the depot greater than:
0 but not more than 10 km
|
See Table 2 - Other Rates and Allowances
|
More than 10km but not more than 20km
|
See Table 2 - Other Rates and Allowances
|
More than 20km but not more than 30km
|
See Table 2 - Other Rates and Allowances
|
More than 30km but not more than 40km
|
See Table 2 - Other Rates and Allowances
|
More than 40km but not more than 50km
|
See Table 2 - Other Rates and Allowances
|
Each additional km in excess of
50kms
|
See Table 2 - Other Rates and Allowances
|
This clause does not apply to
travelling involved in after hours on-call work.
25. Higher Paid Work
(i) A
Council may direct an employee to carry out such duties that are within the
limits of the employee's skills, competence and training.
(ii) An employee required to
relieve in a higher paid position will be paid according to the skills and
knowledge possessed to undertake the higher duties but at a rate at least equal
to the entry salary of the level and band in which the employee is relieving.
(iii) Subject to the right of the
employee to elect to take a position in a lower grade or to have the employee’s
services terminated by the council any employee may be reclassified to a lower
grade provided no less than two weeks’ notice in writing of the council's
intention so to do is given; provided that where an employee is so reclassified
there will be no reduction in pay if the employment in the lower grade is for
less than four weeks.
26. Clothing
(i) Clothing
will be provided for employees in accordance with Schedule A, Clothing
Regulations to this award.
27. Driving of Motor Vehicles
(i) Driver's
Licences - an employee appointed to a position, the duties of which, require
the employee to hold a motor vehicle driver's licence or motor
cycle rider's licence, will be reimbursed the annual cost of such
licence by the Council provided that:
(a) Where an employee is eligible
for and elects to renew a licence for a period of more than one year, the
Council may reimburse the employee each year an amount equal to the pro-rata
annual cost.
(b) The Council may elect to
reimburse the full cost of an employees' multiple year licence. Where the
Council elects to reimburse in full the cost of a multiple year licence, and subsequently;
(i) the
employee's service is terminated for any reason;
(ii) the employee's licence is
revoked, suspended or cancelled; or
(iii) the employee ceases to carry
out duties requiring the employee to drive a vehicle; then the Council will be
entitled to deduct from the wages or salary due to the employee the balance of
the yearly proportionate value of the licence.
(c) The Council will not be
liable to reimburse any cost of a probationary licence
or any penalty imposed on an employee because of traffic infringements by the
employee.
(ii)
(a) Use of Private Vehicles:
Where, by mutual arrangement between the Council and the employee concerned,
the employee supplies a privately owned motor vehicle and/or other equipment
associated therewith, on a regular basis for use in the Council's official business,
the parties will agree upon a mutually acceptable allowance for the use and
depreciation of the vehicle; provided that, in the case of a motor vehicle,
which is available continuously for use when the employee is on duty, the
allowance payable will be calculated at not less than:
|
Kilometres
Travelled Each Year on Official Business Cents Per Kilometre
|
Under 2.5 litres (nominal engine capacity)
|
See Table 2 - Other Rates and Allowances
|
2.5 litres (nominal engine capacity) and over
|
See Table 2 - Other Rates and Allowances
|
(b) a minimum payment at the rate
of (See Table 2 - Other Rates and Allowances) per annum, paid quarterly to the
extent only of any deficiency between the total minimum travelling rate
provided under this subclause and the quarterly payment relating to the same
period; and similarly, to the extent only of any such deficiency when related
and reconciled at the end of each four quarterly periods; with
(c) such quarterly periods to be
extended by any time in which the vehicle is not available to the Council,
including absence by the employee whilst on long service leave and/or annual
leave in excess of four weeks in any service year
and/or sick leave in excess of three weeks.
(iii) Casual use of Motor Vehicles
- an employee who by arrangement, uses a privately owned motor vehicle in the
course of, or in connection with, the employees
employment, on an intermittent, irregular or casual basis will be paid for such
casual use at the rate set out in paragraph (a) of subclause (ii) of this
clause.
(iv) Termination of Agreement - an
agreement for the supply and use of a privately owned motor vehicle under this
clause may be terminated by the Council giving the employee or by the employee
giving the Council six months' notice of such intention to terminate the
agreement.
28. Industry Allowance
An industry allowance as set out in item 28 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates, will be paid to all
employees aged twenty years and over who are paid in accordance with the
provisions of this award. The allowance will be paid for all purposes of the
award with the exception of travelling time, overtime
and other penalty rates.
29. Termination of Employment
(i) An
employee will give to council 2 weeks notice of their
intention to terminate their employment. If no such notice is provided, council
will be entitled to deduct pay equivalent to the required notice from any
entitlements payable under this award.
(ii) A council and an employee may
agree to a shorter period of notice for the purpose of this subclause, in
special circumstances.
(iii) The council will give to an
employee a period of notice of termination in accordance with the scales set
out in subclauses (iv) and (v) of this clause or by payment in lieu of notice.
Provided, where the employee’s services are terminated by reason of misconduct
no such notice will be required.
(iv) If the employee is 45 years of
age or less -
Employee's Period
of Continuous Service
|
Period of Notice
|
Less than 3 years
|
At least 2 weeks notice
|
3 years and less than 5 years
|
At least 3 weeks notice
|
5 years and beyond
|
At least 4 weeks notice
|
(v) If the employee is over 45
years of age
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
|
(vi) The provision of this clause will
be read subject to the provisions of Clause 30 Redundancy and Technological
Change.
30. Redundancy and Technological Change
(i) Council's
Duty to Notify
(a) Where a council has made a
definite decision to introduce major changes in production, program,
organisation structure or technology that are likely to have significant
effects on employees, the council will notify the employees who may be affected
by the proposed changes and the unions to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the council's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where the award
makes provision for the alteration of any of the matters referred to herein an
alteration will be deemed not to have significant effect.
(ii) Council's Duty to discuss
Change
(a) Council will discuss with the
employee(s) affected and the union to which they belong, among other changes,
the introduction of the changes referred to in sub-clause (i)
of this clause, what affects the changes are likely to have on the employee(s)
and measures to avert of mitigate the adverse changes on the employee(s) and
will give prompt consideration to matters raised by the employee(s) and/or
their union in relation to the changes.
(b) The discussion will commence
as early as practicable after a definite decision has been made by the council
to make the changes referred to in subclause (i).
(c) For the purposes of the
discussion, the council will provide to the employee(s) concerned and the union
to which they belong, all relevant information about the changes including the
nature of the changes proposed, the expected effects of the changes of the
employee(s) and any other matters likely to affect the employee(s).
(iii) Discussion Before Termination
(a) Where a council has made a
definite decision that it no longer wishes the job the employee has been doing
done by anyone pursuant to subclause (i) and that
decision may lead to the termination of employment, the council will hold
discussions with the employee directly affected and with the union to which
they belong.
(b) The discussion will take
place as soon as it is practicable after the council has made a definite
decision which will invoke the provision of paragraph (a) of this subclause and
will cover, inter alia, any reasons for the proposed terminations, measures to
avoid or minimise the terminations and measures to mitigate any adverse effects
of the terminations of the employee(s) concerned.
(c) For the purposes of the
discussion, the council will, as soon as practicable, provide to the
employee(s) concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for effects
and the number of employee(s) normally employed and the period over which the
terminations are likely to be carried out. Provided that the council will not
be required to disclose confidential information the disclosure of which would
adversely affect the council.
(iv) Notice to Centrelink
Where a decision has been made to
terminate employees, the council will notify Centrelink as soon as possible
giving relevant information including the number and categories of the
employees likely to be affected and the period over which the terminations are
intended to be carried out.
(v) Notice of Termination
(a) Four weeks
notice to terminate or pay in lieu of notice will be given except in
cases where the employee is 45 years of age or over with 5 years
service, where 5 weeks notice will be given.
(b) Where an employee is to be
terminated because of the introduction of technology the employee will be
entitled to the following:
(i) Three
(3) months notice of termination or
(ii) Payment in lieu of the notice
in subparagraph (i) of this paragraph. Provided that
employment may be terminated by part of the period of notice specified and part
payment in lieu of notice.
(iii) Notice or payment in lieu of
notice under this paragraph will be deemed to be service with the council for
the purposes of calculating leave entitlements under this award.
(vi) Severance Pay
(a) This subclause will apply
where an employee is terminated due to redundancy. A council will be exempt
from the operation of this subclause where the employee concerned has been
offered, but has refused to accept, an alternative position within the council's
organisation structure, being a position which has remuneration no less than
the position previously held by the employee.
(b) In addition to any required
period of notice, and subject to subclause (v) of this Clause, the employee
will be entitled to the following:
If the employee is less than 45
years of age:
Completed
Years of Service with Council
|
Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks pay
|
2 years and less than 3 years
|
7 weeks pay
|
3 years and less than 4 years
|
10 weeks pay
|
4 years and less than 5 years
|
12 weeks pay
|
5 years and less than 6 years
|
14 weeks pay
|
6 years and less than 7 years
|
16 weeks pay
|
7 years and beyond
|
An additional 2 weeks pay for
each year in excess of 7 years
service up to 10 weeks pay
|
Employees aged less than 45 years will
receive an entitlement of up to 26 weeks pay in
accordance with the above table.
If the employee is 45 years of age
and over
Completed Years of
Service with Council
|
Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks pay
|
2 years and less than 3 years
|
8.75 weeks pay
|
3 years and less than 4 years
|
12.5 weeks pay
|
4 years and less than 5 years
|
15 weeks pay
|
5 years and less than 6 years
|
17.5 weeks pay
|
6 years and less than 7 years
|
20 weeks pay
|
7 years and beyond
|
An additional 2 weeks pay for
each year in excess of 7years service up to 6 weeks pay
|
Employees aged 45 years of age and
over will receive an entitlement of up to 26 weeks
pay in accordance with the above table.
(vii) 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 council's employment until the
expiry of the notice period.
(viii) During a period of notice of
termination given by the council, an employee will 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 council the employee will provide proof of
attendance at an interview.
(ix) If the employee agrees to be
redeployed by council into a lower paid position, the employee's existing
salary and conditions will be maintained for a period equivalent to the amount
of notice and redundancy 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
redundancy pay that the employee would have been
entitled to for the remainder of the period of salary maintenance will be paid
on termination.
(x) The council will, upon
receipt of a request from an employee to show employment has been terminated,
provide to the employee a written statement specifying the period the
employee's employment and the classification or the type of work performed by
the employee
(xi) The council will, 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 Social Security.
(xii) In the event that council
determines that a position is redundant, council where practicable, will
firstly offer such redundancy on a voluntary basis.
(xiii) Nothing in this award will 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 unions and
the councils bound by this award.
(xiv) Subject to an application by
the council and further order of the Industrial Relations Commission of New
South Wales, a council may pay a lesser amount of severance pay than that
contained in subclause (vi) of this clause if the council obtains acceptable
alternative employment for an employee.
(xv) Nothing in this clause will
restrict an employee with ten years service or more
and council from agreeing to further severance payments.
31. Miscellaneous
(i) Where
an employee and Council agree that a telephone installed at the employee's
place of residence can be used as a means of communication to such employee the
Council will reimburse the employee the annual rental of such telephone and for
the actual charge made for all outward calls made on Council's behalf on such
telephone.
(ii)
(a) Employees working with an
employer in places situated upon or to the west of line drawn as herein
specified will be paid an allowance (as set out in item 31 of Table 2 - Other
Rates and Allowances of Part B, Monetary Rates) per day or part of a day in addition
to the salary to which they are otherwise entitled. The line will be drawn as
follows: commencing at a point on the right of the bank of the Murray River
opposite Echuca (Victoria) and thence to the following towns in the order
stated, namely, Deniliquin, Griffith, Condobolin, Narromine, Coonamble, Moree
and Goondiwindi.
(b) The above rates will not form
part of the ordinary rates of payment for the purpose of calculation of
overtime.
(c) For the purpose of this
subclause a week will be five days in each 7 day
period.
(iii) Any employee who is the
holder of a current St John's Ambulance First-Aid Certificate or equivalent and
is required to act as a first-aid attendant will be paid an allowance, as set
out in item 31 of the said Table 2, in addition to the employee’s ordinary rate
of pay.
32. Disciplinary, Grievance and Dispute
Procedures
A. Disciplinary Procedure
(i) Where
an employee's work performance or conduct is considered to be
unsatisfactory, the employee will 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 or nominee of Council.
Unsatisfactory work performance or
conduct will include neglect of duties, breach of discipline, absenteeism and
non-compliance with safety standards. A
written record of such initial warning will be kept on the employee’s personal
file and a copy of the warning will be shown to the employee.
The employee may either make notes
on the record or reply in writing and have that reply placed on file.
If, however, a complaint of an
employee’s performance or conduct is made and investigation shows the complaint
to be unfounded, the employee’s personal file must have a suitable notation
added to it.
(ii) Where there is a
re-occurrence of unsatisfactory performance or conduct, the employee will be
warned formally in writing by the appropriate officer of Council and
counselled. Counselling should reinforce:
the standard of work or conduct expected;
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;
whether disciplinary action will
follow should the employee's work performance or conduct not improve.
A written record of such formal warning
and counselling will be kept on the employee’s personal file and a copy of the
warning will be shown to the employee.
The employee may either make notes
on the record or reply in writing and have that reply placed on the file.
(iii) If the employee's
unsatisfactory performance or conduct continues or resumes following the formal
warning and counselling, the employee will be given a "final warning"
in writing, giving notice of disciplinary action should the unsatisfactory work
performance or conduct not cease immediately.
(iv) If the employee's performance
or conduct does not improve after the "final warning" further
disciplinary action will be taken.
(v) This will not affect the
rights of the Council to take other disciplinary action before and/or during
the above procedure in cases of misconduct or where the employee's performance
warrants such action.
(vi) Either Council or the
employee may request the presence of a Union representative at any stage of
this procedure.
(vii) This procedure will not affect
either party's right to institute the dispute procedure of the award or to
notify the Industrial Registrar as to the existence of an industrial dispute.
(viii) Employees will have access to
their personal file and may take notes and/or obtain copies of the contents of
the file.
B. Grievance and Dispute
Procedures
(i) At
any stage of the procedure, the employee(s) may be represented by the union or
its local representative and the council represented by the Association.
(ii) A grievance or dispute will
be dealt with as follows:
(a) The employee(s) will notify
the supervisor of any grievance or dispute and the remedy sought, in writing.
(b) A meeting will 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 will be held as soon as practicable.
(d) If the matter remains
unresolved the general manager will provide the employee(s) with a written
response. The response will 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.
(iii) Nothing in this clause will
affect the right of the parties to enter into direct
negotiation or to seek the assistance of an industrial tribunal at any stage of
this procedure.
(iv) During this procedure and
while the matter is in the course of negotiation
and/or arbitration, work is to proceed as normal.
33. Council Agreement
(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 council and its employees.
(ii) The terms of any agreement
reached between the parties will substitute for the provisions of the award
provided that:
(a) the extent of the agreement
will be limited to the award's Clause 5 Rates of Pay, Clause 24 Travelling
Allowances, Clause 11 Hours, Clause 13 Overtime, Clause 16 Holidays, Clause 12
Part time and Casual Employees and Clause 34 Performance Evaluation and Reward.
(b) the agreement does not
provide less than the entry level rates of pay.
(c) the agreement is consistent
with the Industrial Relations Act NSW 1996 and current wage fixing
principles.
(d) the agreement will 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 will be processed in accordance with the
Enterprise Arrangement Principle.
(iii) A Council Agreement will be
processed as follows:
(a) the unions will be notified
prior to the commencement of negotiations.
(b) the agreement has been
genuinely arrived at by negotiation without compulsion.
(c) the agreement will be
committed to writing and will include a date of operation and a date of
expiration.
(d) the Council and the
appropriate union(s) will sign the agreement and a
copy sent to the LGSA.
(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.
34. Performance Evaluation and Reward
(i) The
objective of performance development is to enhance the performance of councils.
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.
(ii) This award recognises that
all employees should have on-going feedback about performance. The success of a
council ultimately depends upon the collective sum of individual job
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.
35. Consultative Mechanisms
Each Council will establish a consultative mechanism and
procedure appropriate to its size, structure and needs for consultation and
negotiation on matters affecting its efficiency and productivity.
36. Jury Service
An employee required to attend for jury service will be
entitled to attend without loss of pay less any amount paid by the court for
such jury service.
37. Salary Sacrifice
(i) Council
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 will not unreasonably be
withheld.
(ii) Benefits that may be salary sacrificed
include childcare facilities operated by council on its premises; and
additional superannuation and motor vehicles supplied by council under
leaseback arrangements where the amount to be salary sacrificed for leaseback
of a council motor vehicle is that part of the leaseback fee that exceeds
council’s fringe benefit tax liability.
(iii) The value of the benefits
will be agreed between the council and employee and will 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, will be in writing and signed by both council
and the employee.
(b) The employee may request in
writing to change the benefits to be salary sacrificed once each year and the
council will not unreasonably refuse the request.
(v) The employee’s gross pay is
their pre-tax ordinary pay less the value of the salary sacrifice benefit
including fringe benefit(s) tax.
(vi) The value of a salary
sacrifice benefit and applicable fringe benefit tax will be treated as an
approved benefit for superannuation purposes and will not reduce the employee’s
salary for employer contributions.
(vii) The value of salary sacrifice
benefits and applicable fringe benefits tax will 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 council will ensure that
the salary sacrifice arrangement complies with taxation and other relevant
laws.
(b) The council 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 will cease on the day of termination of employment.
(xi) A salary sacrifice arrangement
will be suspended during periods of leave without pay.
(xii) Council may maintain and/or enter into other salary sacrifice arrangements with
employees.
38. Superannuation Fund Contributions
Subject to the provisions of the Industrial Relations Act
1996, a council will make superannuation contributions to the Local
Government Superannuation Scheme and not to any other superannuation fund.
39. Area, Incidence and Duration
This award will take effect from the first pay period to
commence on or after 8 February 2022 and will remain in force for a period of
twelve months.
Changes made to this award pursuant to section 19 of the Industrial
Relations Act 1996 and in accordance with the Principles of Review of
Awards made by the Industrial Relations Commission of New South Wales on 28
April 1999 (359 I.G. 310) take effect from 8 February 2022.
This award was reviewed under section 19 of the Industrial
Relations Act 1996 on 8 February 2022 and replaces the Local Government
(Electricians) (State) Award published on 24 January 2020 (386 I.G. 184) and
all variations of that Award. Changes made in this review take effect from 8
February 2022.
This award remains in force until varied or rescinded.
This award will apply to all councils (as defined in Clause
3) in Local Government within New South Wales (other than the Council of
Sydney, the Council of the City of South Sydney and the Council of the city of
Newcastle and also excluding the County of Yancowinna).
This award will only apply to persons engaged in the
industries and callings of makers, fitters, repairers and installers of
electrical apparatus and installations, and persons assisting therein, or in
running electrical plant.
Provided further that this award will apply only to
employees who are members of, or are eligible to be members of, the Electrical
Trades Union of Australia, New South Wales.
PART B
MONETARY RATES
The rates of pay
and allowances in Part B, Monetary Rates take effect from the first pay period
on or after 1 September 2024.
Note: The rates of pay
and allowances in this award include the adjustments payable under the State
Wage Case 2024. These adjustments may
offset any or both of:
i. Any equivalent over award payments,
and/or
ii. Award
wage increases other than State Wage Case adjustments.
Table 1 - Wage Rates - Clause 5
|
2022 Rate of Pay Per Week
$
|
2023 Rate of Pay Per Week
$
|
2024 Rate of Pay Per Week
$
3.75% increase
|
Technical/Trades
Band Level 1
|
1,022.19
|
1,080.97
|
1,121.51
|
Technical/Trades
Band Level 2
|
1,124.29
|
1,188.94
|
1,233.53
|
Technical/Trades
Band Level 3
|
1,286.18
|
1,360.14
|
1,411.15
|
Professional Band
Level 1
|
1,124.29
|
1,188.94
|
1,233.53
|
Professional Band
Level 2
|
1,286.18
|
1,360.14
|
1,411.15
|
Professional Band
Level 3
|
1,441.96
|
1,524.87
|
1,582.05
|
Professional Band
Level 4
|
1,685.14
|
1,782.04
|
1,848.87
|
Apprentice 1st
Year
|
565.75
|
598.28
|
620.72
|
Apprentice 2nd
Year
|
668.07
|
706.48
|
732.97
|
Apprentice 3rd
Year
|
767.68
|
811.82
|
842.26
|
Apprentice 4th
Year
|
864.44
|
914.15
|
948.43
|
Table 2 - Other Rates and Allowances
|
2022 Amount
$
|
2023 Amount
$
|
2024 Amount
$
3.75% increase
|
Clause 7 -
Special Allowances
|
|
|
|
(i)Wages
(a) Dirty work,
etc.
|
0.43
|
0.45
|
0.47
|
(b) Wet places
|
0.48
|
0.51
|
0.53
|
(c) Confined
spaces
|
0.48
|
0.51
|
0.53
|
(d) Working
underground
|
0.43
|
0.45
|
0.47
|
(e) Working with
raw sewerage
|
9.54
|
10.09
|
10.47
|
Clause 8 -
Tool Allowances
|
|
|
|
(i) Electrical Tradesperson
|
39.38
|
41.64
|
43.20
|
(iv)(b) Amount payable
by employee for each claim for compensation of loss of tools
|
100.03
|
105.78
|
109.75
|
Clause 14 - On
Call
|
|
|
|
(iii) On call
allowance
|
130.14
|
137.62
|
142.78
|
Clause 15 - Meal
Breaks and Allowances for Overtime Work
(i) Meal allowance
|
17.34
|
18.34
|
19.03
|
(ii)(a) Meal
allowance
|
17.34
|
18.34
|
19.03
|
(ii)(b) Meal
allowance working 4 hours overtime
|
13.31
|
14.08
|
14.61
|
Clause 24 -
Travelling Allowance
|
|
|
|
Where the employee
works at a distance from the depot greater than:
|
|
|
|
(ii) 3-10 km
|
6.11
|
6.46
|
6.70
|
10-20 km
|
11.01
|
11.64
|
12.08
|
20-30 km
|
15.71
|
16.61
|
17.23
|
30-40 km
|
20.29
|
21.46
|
22.26
|
40-50 km
|
25.20
|
26.65
|
27.65
|
For each
additional kilometre
|
0.47
|
0.50
|
0.52
|
Clause 27 -
Driving of Motor Vehicles
|
|
|
|
(ii)(a) Use of
private vehicle (cents) per kilometre
|
|
|
|
Under 2.5 litres
|
0.74
|
0.78
|
0.81
|
2.5 litres and
over
|
0.85
|
0.90
|
0.93
|
(b) Minimum
yearly allowance
|
8,243.59
|
8,717.60
|
9,044.50
|
Clause 28 - Industry
Allowance
|
|
|
|
Industry
Allowance
|
65.02
|
68.76
|
71.34
|
Clause 31 -
Miscellaneous
|
|
|
|
(ii)(a) West of
the line allowance
|
1.12
|
1.18
|
1.22
|
(iii) First-aid
allowance
|
3.79
|
4.01
|
4.16
|
Schedule A
Clothing Regulations
Classifications and
Work Situations
|
Clothing
and Accessories
|
|
(For
day and wet weather)
|
|
Number
Per Issue
|
1. Apprentices
(Electrical Trades)
|
Dry
- 2 pair overalls;
|
|
1
pair electrical safety boots or shoes
|
|
|
|
Wet
- 1 set waterproof coat, hat and trousers; 1 pair electrical safety (rubber)
boots
|
|
|
2. Electrical Officers (Electrical
Trades) Including Engineering Officers and Electrical Engineers
|
Dry
- 2 pair overalls, or 2 sets dry weather coat and trousers; 1 dry weather
hat;
|
|
1
pair electrical safety boots
|
|
|
3. Clothing will be issued as stipulated above when
required
|
Wet
- 1 set waterproof coat, hat and trousers; 1 pair electrical safety boots or
shoes or 1 pair galoshes
|
____________________
Printed by
the authority of the Industrial Registrar.