Security Industry
(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.
|
C9381
|
11 February 2022
|
16 April 2022
|
391
|
602
|
C9557
|
20 January 2023
|
16 April 2023
|
393
|
1572
|
C9780
|
24 November 2023
|
15 November 2023
|
395
|
1369
|
C9779
|
24 November 2023
|
16 April 2024
|
395
|
1380
|
C9928
|
23 May 2025
|
1 July 2024
|
397
|
2127
|
PART A
1.
Award Title
This award
is the Security Industry (State) Award.
2.
Arrangement
This award
is arranged as follows:
PART A
Clause No. Subject Matter
1. Award
Title
2. Arrangement
3. Relationship
with Other Awards
4. Where
and to Whom the Award Applies
5. Date
the Award Starts
6. Transitional
Arrangements
7. Definitions
8. Types
of Employment
8A. Secure Employment Provisions
9. Termination
of Employment
10. Employer
and Employee Duties
11. Wages
12. Allowances
13. Anti-Discrimination
14. Procedure
to Avoid Industrial Disputation
15. Mixed
Functions
16. Payment
of Wages
17. Ordinary
Time Hours of Work
18. Broken
Ordinary Time Shifts
19. Paid
Rostered Days Off Duty
20. Rosters
and Transfer of Employees
21. Span
Loadings - Ordinary Time Work
22. Overtime
23. Call
Back
24. Public
Holidays
25. Annual
Leave
26. Long
Service Leave
27. Personal
Leave
28. Parental
Leave
29. Jury
Service
30. Attendance
at Repatriation Centres
31. Introduction
of Change
32. Redundancy
33. Enterprise
Flexibility Provisions
34. Deduction
of Union Dues
PART B
MONETARY RATES
Table 1 - Rates of Pay Per 38 Hour Week
Table 2 - Other Rates and Allowances
APPENDIX A
Ordinary Time Hours of Work - Specified Site or
Sites
APPENDIX B
Overtime Agreement
APPENDIX C
Ordinary Time Hours of Work - Specified
Company/Employer
APPENDIX D
National Training Wage Provisions
3.
Relationship with Other Awards
This Award will supersede all previous Awards or orders
relating to the employment within its scope of all employees whether or not
members of United Workers’ Union, New South Wales Branch, but no right,
obligation or liability accrued or incurred under any such previous Award or
order will be affected hereby.
4.
Where and to Whom the Award Applies
4.1 This award will apply in New South Wales only. This
award will apply to the employment of employees, being members or not of United
Workers’ Union, New South Wales Branch, in respect of the employment by an
employer of gatekeepers and all persons, employed in or in connection with the
industry or industries of security or watching including persons employed in
control rooms to monitor, respond to or act upon alarm systems excepting
persons employed as typists, stenographers, bookkeepers, switchboard operators
or engaged in any clerical capacity whatsoever, and also excepting security
officers employed in or in connection with a retail shop provided those
security officers are directly employed by the retail shop; and also excluding
the County of Yancowinna within the jurisdiction of the Security and Cleaning,
&c. (State) Conciliation Committee; "and Excepting employees covered
by the Zoological Parks Board of New South Wales Wages Employees' Award,
2006"
4.2 For the purpose of this
clause, the jurisdiction of the Security and Cleaning, &c. (State)
Conciliation Committee is as follows:
Section 1
Caretakers and cleaners employed
in or in connection with anyplace of business, in schools of arts, literary
institutes, lodge rooms (including buildings used for lodge meetings), museums,
schools and caretakers and cleaners (as distinguished from groundsmen) in
sports grounds, also caretakers and cleaners employed solely in connection with
churches, caretakers and cleaners employed in the Botanic Gardens in the Sydney
Domain, caretakers of racecourses, agricultural grounds and recreation grounds,
and cleaners employed in cleaning buildings other than grand and public stands,
stables and animal pavilions on racecourses, agricultural grounds and
recreation grounds, cleaners in shops, office cleaners and caretakers, lift
attendants, security guards, gatekeepers, caretakers and cleaners employed in
and about Strata Title units and Company Title units and tea attendants
excepting canteen workers, persons within the present constitution rule of The
Health Services Union and persons within the steel industry in the State,
excluding the County of Yancowinna;
Section 2
All persons employed in or in
connection with the industry or industries of security or watching (in either
case other than employees employed in a shop by the operator thereof during
ordinary trading hours in areas intended for public access) and excepting also
persons employed as typists, stenographers, bookkeepers, switchboard operators
or engaged in any clerical capacity whatsoever, but not excluding persons
employed in control rooms to monitor, respond to or act upon alarm systems.
Excepting
Lift attendants in hotels, clubs,
boarding houses, restaurants, tea shops and oyster shops and in flats and
residential chambers and establishments; Employees within the jurisdiction of
the Milk Treatment, &c., and Distribution (State) Conciliation Committee,
the Breweries, &c. (State) Conciliation Committee and the Cement Workers,
&c. (State) Conciliation Committee; And excepting employees of - State Rail
Authority of New South Wales; Urban Transit Authority of New South Wales; The
Commissioner for Motor Transport; The Water Board; The Hunter District Water
Board; South Maitland Railways Pty. Limited; The Electrolytic Refining and
Smelting Company of Australia Proprietary Limited, Metal Manufactures Limited,
Australian Fertilisers Limited and Austral Standard Cables Proprietary Limited,
at Port Kembla, including employees employed by Australian Fertilisers Limited
on the bone-crushing and fertiliser-mixing and bagging plant at Granville; and
in connection with the manufacture of acids, chemicals and fertilisers at
Villawood; Blue Circle Southern Cement Limited; The Kandos Cement Company
Limited; The Council of the City of Sydney and of shire and municipal councils;
The Council of the City of Newcastle; The Sydney County Council; The Broken
Hill Proprietary Company Limited at Newcastle; Australian Wire Industries Pty.
Ltd. at its Sydney Wiremill; Australian Iron and Steel Proprietary Limited
within the jurisdiction of the Iron and Steel Works Employees (Australian Iron
& Steel Proprietary Limited) Conciliation Committee and the Quarries
(Australian Iron and Steel Pty Limited) Conciliation Committee; Australian Wire
Industries Pty. Ltd. at its Newcastle Wiremill; The Australian Gas Light
Company; The North Shore Gas Company Limited; Prospect Electricity; Electricity
Commission of New South Wales; And excepting employees in or about coal mines
north of Sydney, in or about coal mines in the South Coast District; And
Excepting - Employees in or about metalliferous and limestone mines or in
connection with mining for minerals other than coal or shale, in or about
diamond and gem-bearing mines, mining dredges, ore sluicing processes, ore
smelting, refining treatment and reduction works; All persons employed in or in
connection with hospitals, mental hospitals, public charitable institutions or
ambulance work; Persons employed in or by The United Dental Hospital of Sydney;
Cleaners employed on the national ferries; Security guards employed by the
Maritime Services Board of New South Wales on tugs, dredges, launches and motor
boats and lighters; Gatekeepers under the control of the Department of
Agriculture employed in tick quarantine areas of the State; And excepting
employees within the jurisdiction of the following Conciliation Committees:
Race Clubs, &c., Employees
(State);
Special Steels and Steel Products
Manufacture (Commonwealth Steel Company Limited);
Cleaning Contractors' (State);
Tubemakers of Australia Limited,
Newcastle;
Showground, &c., Employees
(State);
Security Officers (Waterfront);
Sugar Workers (CSR Limited,
Pyrmont);
County Councils (Electricity
Undertakings) Employees;
Shortland County Council;
John Lysaght (Australia) Limited
Newcastle;
John Lysaght (Australia) Limited
Unanderra;
Australia Wire Industries Pty Ltd
- Newcastle Ropery;
Tubemakers of Australia Limited,
Yennora;
Club Employees (State);
University Employees, &c.
(State);
Smelting and Fertiliser
Manufacturing (Sulphide Corporation Pty
Limited and Greenleaf Fertilisers
Limited);
Shoalhaven Scheme.
5. Date the Award Starts
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the Security
Industry (State) Award published 21 February 2020 (386 I.G. 620), as varied.
The changes made to the award pursuant to the State Wage
Case 2023 pursuant to sections 50 and 52 of the Industrial Relations Act
1996 take effect on and from 16 April 2024.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
6.
Transitional Arrangements
6.1 No permanent employee employed
as at 27 August 1990 will suffer a reduction in his or her current entitlement
to sick leave (i.e. a maximum of 90 hours per year) as a result of the
introduction of this Award.
6.2 No existing permanent employee
employed as at 18 September 1998 will be required to work broken shifts without
the agreement of the employee concerned.
7.
Definitions
7.1 Classification Structure
7.1.1 Security Officer Grade 1 means a person
employed in one or more of the following capacities:
(a) to watch, guard or protect persons and/or premises and/or
property,
(b) to respond to basic fire/security alarms at their designated
site/post,
(c) as an employee stationed at an entrance and/or exit whose
principal duties include the control of movement of persons, vehicles, goods
and/or property coming out of or going into and/or moving within premises or
property, including vehicles carrying goods of any description to ensure that
the quantity and description of such goods is in accordance with the
requirements of the relevant document and/or gate pass and who also may have
other duties to perform and including an area or door attendant or
commissionaire in a commercial building;
(d) to carry out crowd control duties;
(e) a Security Officer Grade 1 may use electronic equipment such
as hand held scanners or simple closed circuit television systems and may be
required to utilise basic keyboard skills in the performance of their duties
and may also provide escort for a person or persons carrying cash provided it
is incidental to other Grade 1 duties, and may perform incidental duties which
need not be of a security nature.
7.1.2 Security Officer Grade 2 means either:
(a) an employee who is performing the duties of securing,
watching, guarding and/or protecting, or cash collection and/or delivering as a
part of their duties, as directed, including responses to alarm signals and
attendances at and minor non-technical servicing of automatic teller machines,
and is required to patrol in a vehicle two or more separate establishments or
sites;
(b) an employee who monitors and acts upon electronic intrusion
detection or access control equipment terminating in a visual display unit or
computerised print -out and may be required to perform the duties of a Security
Officer Grade 1; or
(c) an employee who is required to monitor and act upon
walk through electro-magnetic detectors; and/or monitor, interpret and act upon
screen images using X-ray imaging equipment; or
(d) where required by the employer, to control a dog used to
assist the Security Officer to carry out the duties of watching, guarding or
protecting persons and/or premises and/or property.
7.1.3 Security Officer Grade 3 means a person who
in addition to performing the duties defined in Grade 2, monitors and acts upon
intelligent building management systems terminating at a visual display unit or
computerised printout that has the capacity for and requires data input from
the security officer.
7.1.4 Security Officer Grade 4 means a person
employed substantially in a security and/or data input and/or a monitoring
function within a central station and principally occupied in one or more of
the following duties:
(a) Monitoring, recording, inputting information or reacting to
signals and instruments related to electronic surveillance of any kind;
co-ordinating, checking or recording the activities of Security Officers Grade
1, 2 or 3; operating or monitoring any medium of verbal communication.
7.1.5 Security Officer Grade 5 - means a person
who, whilst in charge of a shift of one or more Security Officers Grade 4,
which may include leading hands, carries out coordinating duties in addition to
the normal duties of a Security Officer Grade 4. A person in receipt of the
rate applying to this classification is not entitled to a leading hand
allowance as provided in this award.
7.2 Relieving Security Officer means a permanent employee who is
engaged primarily for the purpose of relieving at short notice any other
rostered security officer of the employer and for whom a display of roster is
not required and for whom only 24 hours’ notice of change of shift must be
given where practicable.
7.3 Seven Day Shift Worker means an employee who is regularly
rostered by their employer to work ordinary hours on Saturdays and/or Sundays.
7.4 Five Day Shift Worker means a person engaged to work shifts of
ordinary time hours between 2200 Sunday and 2400 Friday inclusive. Subject to
Clause 23 - Call Back, a five day shift worker may be requested, but may not be
compelled to work on public holidays prescribed by this award.
7.5 Permanent Employee means a full-time or part-time employee
engaged on an ongoing basis and paid by the week or fortnight, as the case may
be.
7.6 Full-Time Employee means a permanent employee engaged to work
an average of 38 hours per week.
7.7 Part-Time Employee is defined in 8.3.
7.8 Broken-Shift Employee means a full-time or part-time employee
who is engaged to work ordinary time shifts which may include an unpaid break
period, in accordance with the provisions of clause 18, Broken Ordinary Time
Shifts.
7.9 Casual Employee means an employee engaged and paid as such.
7.10 Time Periods
7.10.1 One Hour's pay means one
thirty-eighth of the weekly ordinary time rate provided for the employee's
classification under Table 1 of Part B.
7.10.2 Day means the period from midnight
to midnight (0000 to 2400).
7.10.3 Week means the period between 0000
on a Monday and 2400 on the following Sunday.
7.10.4 Weekday means a 24 hour period
commencing at 0000 and falling between 0000 on Monday and 2400 on Friday.
7.10.5 Ordinary Time Shift means the whole
period between the commencement and cessation of a period of ordinary time
work, including any paid crib break/s and, in the case of broken-shift
employees, including the unpaid break between the first part of a broken-shift
and the second part of that broken-shift.
7.10.6 Day Span means any part of an
ordinary time shift which is worked during the period between 0600 and 1800 on
any weekday between 0000 on Monday and 2400 on Friday (excluding any hours
worked on a public holiday), whether or not the ordinary time shift commences
before or ends after the specified span period.
7.10.7 Night Span means any part of an
ordinary time shift which is worked during the period before 0600 and/or the
period after 1800, on any weekday between 0000 on Monday and 2400 on Friday
(excluding any hours worked on a public holiday), whether or not the ordinary
time shift commences before or ends after the specified span period.
7.10.8 Saturday Span means any part of an
ordinary time shift which is worked during the 24 hour period between 0000 and
2400 on a Saturday, whether or not the ordinary time shift commences before or
ends after the specified span period.
7.10.9 Sunday Span means any part of an
ordinary time shift which is worked during the 24 hour period between 0000 and
2400 on a Sunday, whether or not the ordinary time shift commences before or
ends after the specified span period.
7.10.10 Weekend Span means any part of an
ordinary time shift which is worked during the 48 hour period between 0000 on
Saturday and 2400 on Sunday, whether or not the ordinary time shift commences
before or ends after the specified span period.
7.10.11 Public Holiday Span means any part of
an ordinary time shift which is worked during the 24 hour period between 0000
at the start of a public holiday and 2400 at the end of that same public
holiday, whether or not the ordinary time shift commences before or ends after
the specified span period.
7.10.12 Permanent Night Work means any work
performed during a night span (as defined) over the whole period of a roster
cycle in which more than two thirds of the employee's total ordinary shifts
include ordinary hours between 0000 and 0600, on any day of the week. However,
in the case of a Relieving Security Officer (as defined in 7.2), the roster
cycle for the purposes of this subclause means a complete pay period.
7.11 Union means United Workers’ Union, New South
Wales Branch.
7.12 Mixed Enterprise means an employer's
enterprise carried on for the principal purpose of the production, treatment,
distribution, or provision of articles, goods, merchandise, materials and
services, and which enterprise employs categories of labour provided for by
this award as an incidental or ancillary function of their business or
enterprise.
7.13 Continuous Service
7.13.1 In calculating the twelve
months' continuous service, the only absences counted as time worked are the
following:
up to 152 ordinary working hours in a twelve month period because
of sickness or accident;
long service leave that an employee takes under the relevant State
long service leave legislation; and
annual leave.
7.13.2 Where a period of work is less than twelve
months, the absences counted as time worked because of sickness or accident are
calculated on a proportionate basis.
7.13.3 The following events do not break an employee's
continuous service:
sick leave;
leave as the result of an accident;
leave lawfully granted by the employer; or
absence for a reasonable cause (the employee must prove that the
leave was reasonable)
7.13.4 Where employees are temporarily stood down
through no fault of their own, service is not to be considered to be broken.
7.13.5 Any other absence from work does not break
continuity of service unless the employer notifies the employee within fourteen
days of the employee returning to work after the absence. The employer must
tell the employee in writing.
7.13.6 If an individual employee is absent, the
employer must tell that employee by:
giving the notice to him or her personally; or
posting the notice to his or her last known address.
7.13.7 If a number of employees are absent because of
collective action, the employer may tell them all by placing a notice in the
place where the employer normally places general notices to employees. The
employer must also send a copy of the notice to the Union on the same day.
7.13.8 It will also not break an employee's continuous
service if the employer breaks or ends the employee's service in order to avoid
the employer's obligations in respect of leave.
8.
Types of Employment
8.1 Employees under this award must be engaged either as permanent
(full-time or part-time) employees, or as casual employees.
8.2 Probationary Period
Employees engaged as permanent
employees without any previous service with the employer may be engaged for a
probationary period of up to three months. The employer and employee may agree
in writing to reduce or exclude altogether the probationary period.
8.3 Part-time Employees
8.3.1 "Part-time Employee"
means a permanent employee who is employed to work regularly a minimum of 20
ordinary hours and less than 38 ordinary hours per week.
8.3.2 An employee engaged on a part-time
basis shall be entitled to payments in respect to all leave and public
holidays, on a proportionate basis subject to the relevant provisions of this
Award.
8.3.3 An employee who does not meet the definition
of a part-time employee and who is not a full-time employee must be paid as a
casual employee in accordance with subclause 11.2.
8A. Secure Employment Provisions
(a) Objective of this Clause
The objective of this clause is
for the employer to take all reasonable steps to provide its employees with
secure employment by maximising the number of permanent positions in the
employer’s workforce, in particular by ensuring that casual employees have an
opportunity to elect to become full-time or part-time employees.
(b) Casual Conversion
(i) A casual employee engaged by
a particular employer on a regular and systematic basis for a sequence of
periods of employment under this Award during a calendar period of six months
will thereafter have the right to elect to have his or her ongoing contract of
employment converted to permanent full-time employment or part-time employment
if the employment is to continue beyond the conversion process prescribed by
this subclause.
(ii) Every employer of such a
casual employee will give the employee notice in writing of the provisions of
this sub-clause within four weeks of the employee having attained such period
of six months. However, the employee retains his or her right of election under
this subclause if the employer fails to comply with this notice requirement.
(iii) Any casual employee who has a
right to elect under paragraph (b)(i), upon receiving notice under paragraph
(b)(ii) or after the expiry of the time for giving such notice, may give four
weeks’ notice in writing to the employer that he or she seeks to elect to
convert his or her ongoing contract of employment to full-time or part-time
employment, and within four weeks of receiving such notice from the employee,
the employer will consent to or refuse the election, but will not unreasonably
so refuse. Where an employer refuses an election to convert, the reasons for
doing so will be fully stated and discussed with the employee concerned, and a
genuine attempt will be made to reach agreement. Any dispute about a refusal of
an election to convert an ongoing contract of employment will be dealt with as
far as practicable and with expedition through the disputes settlement
procedure.
(iv) Any casual employee who does
not, within four weeks of receiving written notice from the employer, elect to
convert his or her ongoing contract of employment to full-time employment or
part-time employment will be deemed to have elected against any such conversion.
(v) Once a casual employee has
elected to become and been converted to a full-time employee or a part-time
employee, the employee may only revert to casual employment by written
agreement with the employer.
(vi) If a casual employee has
elected to have his or her contract of employment converted to full-time or
part-time employment in accordance with paragraph (b)(iii), the employer and
employee will, in accordance with this paragraph, and subject to paragraph (b)(iii),
discuss and agree upon:
(1) whether the employee will
convert to full-time or part-time employment; and
(2) if it is agreed that the
employee will become a part-time employee, the number of hours and the pattern
of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement made
under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has
worked on a full-time basis throughout the period of casual employment has the
right to elect to convert his or her contract of employment to full-time
employment and an employee who has worked on a part-time basis during the
period of casual employment has the right to elect to convert his or her
contract of employment to part-time employment, on the basis of the same number
of hours and times of work as previously worked, unless other arrangements are
agreed between the employer and the employee.
(vii) Following an agreement being
reached pursuant to paragraph (vi), the employee will convert to full-time or
part-time employment. If there is any dispute about the arrangements to apply
to an employee converting from casual employment to full-time or part-time
employment, it will be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(viii) An employee must not be
engaged and re-engaged, dismissed or replaced in order to avoid any obligation
under this subclause.
(c) Occupational Health and
Safety
(i) For the purposes of this
subclause, the following definitions apply:
(1) A "labour hire
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which has as its business function, or one of its
business functions, to supply staff employed or engaged by it to another
employer for the purpose of such staff performing work or services for that
other employer.
(2) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
(ii) Any employer who engages a
labour hire business and/or a contract business to perform work wholly or
partially on the employer’s premises will do the following (either directly, or
through the agency of the labour hire or contract business):
(1) consult with employees of the
labour hire business and/or contract business regarding the workplace
occupational health and safety consultative arrangements;
(2) provide employees of the
labour hire business and/or contract business with appropriate occupational
health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
(3) provide employees of the
labour hire business and/or contract business with appropriate personal
protective equipment and/or clothing and all safe work method statements that
they would otherwise supply to their own employees; and
(4) ensure employees of the
labour hire business and/or contract business are made aware of any risks
identified in the workplace and the procedures to control those risks.
(iii) Nothing in this subclause (c)
is intended to affect or detract from any obligation or responsibility upon a
labour hire business arising under the Work Health and Safety Act 2011
or the Workplace Injury Management and Workers Compensation Act 1998.
(d) Disputes Regarding the
Application of this clause
Where a dispute arises as to the
application or implementation of this clause, the matter will be dealt with
pursuant to the disputes settlement procedure of this award.
(e) This clause has no
application in respect of organisations which are properly registered as Group
Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
9.
Termination of Employment
9.1 Notice of Termination by Employer
9.1.1 In order to terminate the employment of a
full-time or part-time employee the employer must give to the employee the
period of notice specified in the table below:
Period of Continuous Service
|
Period of Notice
|
|
|
1 year
or less
|
1 week
|
Over 1
year and up to the completion of 3 years
|
2 weeks
|
Over 3
years and up to the completion of 5 years
|
3 weeks
|
Over 5
years of completed service
|
4 weeks
|
9.1.2 In addition to this notice, employees over 45
years of age at the time of the giving of the notice with not less than two
years continuous service, are entitled to an additional week's notice.
9.1.3 Payment in lieu of the notice will be made if
the appropriate notice period is not required to be worked. Employment may be terminated by the employee
working part of the required period of notice and by the employer making
payment for the remainder of the period of notice.
9.1.4 In calculating any payment in lieu of notice,
the wages an employee would have received in respect of the ordinary time they
would have worked during the period of notice had their employment not been
terminated will be used.
9.1.5 The period of notice in this clause does not
apply in the case of dismissal for conduct that justifies instant dismissal
including inefficiency within the first fourteen days, neglect of duty or
misconduct and in the case of casual employees, apprentices or employees
engaged for a specific period of time or for a specific task or tasks.
9.1.6 Notwithstanding the foregoing provisions
trainees who are engaged for a specific period of time must once the
traineeship is completed and provided that the trainees' services are retained
have all service including the training period counted in determining
entitlements. In the event that a trainee is terminated at the end of his or
her traineeship and is re-engaged by the same employer within six months of
such termination the period of traineeship must be counted as service in
determining any future termination.
9.1.7 Continuous service is defined in 7.13.
9.2 Notice of Termination by an Employee
9.2.1 The notice of termination required to be
given by an employee is the same as that required of an employer, save and
except that there is no requirement on the employee to give additional notice
based on the age of the employee concerned.
9.2.2 If an employee fails to give notice the
employer has the right to withhold monies due to the employee to a maximum
amount equal to the ordinary time rate of pay for the period of notice.
9.3 Time Off During Notice Period
Where an employer has given notice of termination to an employee,
an employee must be allowed up to one day's time off without loss of pay for
the purpose of seeking other employment. The time off must be taken at times
that are convenient to the employee after consultation with the employer.
9.4 Extended Notice of Termination
9.4.1 Despite any other provisions of this clause,
where on account of the introduction or proposed introduction by an employer of
mechanisation or technological changes in the industry in which the employer is
engaged, the employer terminates the employment of an employee who has been
employed for the preceding twelve months, such employee must be given three
months' notice of the termination of employment. If the employer fails to give
such notice in full:
(a) the employee must be paid at the rate specified in clause 11,
Wages, for the employee's ordinary classification for a period equal to the
difference between three months and the period of the notice given, and
(b) the period of notice required by this subclause to be given
must be regarded as service with the employer for the purpose of the Long
Service Leave Act 1955 (NSW), the Annual Holidays Act 1944 (NSW), or
any Act amending or replacing either of those Acts.
9.4.2 Nothing in 9.4.1 affects the common law right
of an employer in relation to summary dismissal of an employee.
9.5 Return of Equipment
On the termination of employment, an employee must return to the
employer all uniforms, identity cards, vehicles, firearms, keys and all other
items issued to employees. Where an employee fails to return any uniform,
protective clothing or other items issued, the employer may deduct the monetary
value of such uniform, clothing or other items from the employee's termination
pay. Such deduction may only occur where prior authorisation in writing has
been given by the said employee. Where the employer so requests an employee
must sign such written authority upon engagement. Existing employees may be
required to sign such an authority upon receipt of the next issue of
uniform/clothing or other items.
10.
Employer and Employee Duties
10.1 Employees covered by this award may be
required by the employer to perform all work within their skill and competence
including work which is incidental or peripheral to their main tasks or
function.
10.2 If an employee wilfully or negligently
damages or loses uniforms, protective clothing or equipment issued by the
employer, the employer may require the employee to reimburse the employer for
such damage or loss.
11.
Wages
11.1 Permanent Employees
11.1.1 The minimum rate of pay for each classification
is as set out in Table 1 of Part B.
11.1.2 The rates of pay
in this award include the adjustments payable under the State Wage Case of 2024. These adjustments may be offset against:
(i) any equivalent over-award
payment, and/or
(ii) award wage increases since 29
May 1991 other than safety net, State Wage Case and minimum rates adjustments.
11.1.3 Licencing
All employees engaged under this
Award are required to hold a relevant licence in accordance with the Security
Industry Act 1997 (the "Act"). The rates of pay contained in Part
B, Table 1 of this Award are inclusive of skills acquired in accordance with the provisions of the Act.
11.2 Casual Employees
11.2.1 A casual employee for working ordinary time
must be paid one thirty-eighth of the award wage prescribed by this award for
the class of work performed plus 15 per cent (calculated to the nearest whole
cent).
11.2.2 In addition to the ordinary hourly rate
prescribed at 11.2.1, span penalties and overtime penalties must be paid where
appropriate.
11.2.3 In addition to the ordinary hourly rate
prescribed in 11.2.1 a casual employee is entitled to be paid one-twelfth of
the ordinary hourly rate as entitlement to pro-rata annual leave. This amount
must be paid at the same time as prescribed for the payment of wages in clause
16, Payment of Wages. Provided that that time is no later than on a weekly or
fortnightly basis (dependent upon the employers pay period).
11.3 Part-Time Employees
A part-time employee for working ordinary time must be paid per
hour one thirty-eighth of the weekly rate prescribed by 11.1 for the
classification in which the employee is engaged (calculated to the nearest
whole cent), together with such span penalties and/or overtime penalties as may
be applicable to the work performed.
12.
Allowances
12.1 Travelling Expenses
When an employee is sent by the employer to work away from an
employer's recognised place of business the employer must pay all travelling
time from such place of business to the job. If the employee is required to
return the same day to the employer's place of business, the employer must pay
travelling time to the place of business. An employee sent for duty to a place
other than the regular place of duty or required by the employer to attend a
court of inquiry in connection with employment must also be paid reasonable
authorised expenses.
12.2 Uniforms
Where an employer requires as employee to wear a uniform, the
employer must reimburse the employee for the cost of such uniform. This clause
does not apply if the employer elects to provide the uniform at no cost to the
employee. Employees will be required to provide their own black shoes.
12.3 Leading Hand Allowances
12.3.1 An employee other than a casual employee placed
in charge of other employees must be paid, in addition to their ordinary wages,
the rates as set out in Table 2 - Other Rates and Allowances, of Part B, plus
an additional amount per week as set out in Table 2 for each employee exceeding
twenty.
12.3.2 Where the employee concerned is a casual
employee, the employee must be paid an amount for each shift worked equal to
1/5th of the amount as set out in Table 2.
12.4 Relieving Officers
Despite any other provision of this award, where a permanent
employee and an employer are in agreement, the employee may be appointed a
Relieving Officer by the employer and must be paid an additional amount per
week as set out in Table 2 for each week of employment. This amount must not be
in substitution for any span, weekend or public holiday penalties nor in
substitution for any overtime payment.
12.5 First-Aid Allowance
12.5.1
(a) An employee who is required to hold an industrial
qualification as a first-aid attendant and who is appointed by the employer to
carry out the duties of a first-aid attendant will be paid and additional amount
per week as set out in Table 2.
(b) Where the employee is a casual employee, then such employee
will be paid an additional amount for each shift worked equal to 1/5th of the
amount as set out in Table 2.
12.6 Gun Allowance
Where an employee is required by the employer to carry a firearm,
the employee must be paid an additional amount per shift as set out in Table 2
with a maximum amount per week as set out in Table 2.
12.7 Locomotion
12.7.1 Where an employee is required by the employer
to use a motor cycle or other motor vehicle, and it is not provided and
maintained by the employer, the employer must reimburse the employee for each
shift worked an amount as set out in Table 2, plus the cost of fuel used on the
employer's business.
12.7.2 An employee providing a bicycle for use in the
employer's business must be paid for each shift worked an amount as set out in
Table 2.
12.8 Meal Allowance
12.8.1 An employee required to work in excess of one
hour after completion of the employee's ordinary shift without being notified
before the completion of the previous day or shift must be paid a meal
allowance as set out in Table 2.
12.8.2 The employer must pay the employee a further
meal allowance as set out in Table 2 on the completion of each additional four
hours' overtime worked.
12.9 Fares Allowance
Where an employee is required by the employer to work a broken
shift (as defined), the employee must be paid an additional amount for each
such broken shift worked as set out in Table 2.
12.10 Overnight Expenses
Where a Security Officer is required, in the course of their work,
to remain away from home overnight, they must be reimbursed by the employer
for:
12.10.1 all reasonable expenses actually
incurred for accommodation; and
12.10.2 an amount to cover the cost of dinner
and breakfast as set out in Table 2.
12.10.3 The provisions of 12.10.2 do not
apply if the employer supplies breakfast or dinner (as the case may be) at no
cost to the employee.
12.11 Aviation Security Allowance
12.11.1 An employee who performs Aviation Security must be paid an
aviation allowance as set out in Part B, Table 2 - Other Rates and Allowances.
12.11.2 For the purpose of this clause, Aviation Security means
the provision of security services including, but not limited to, passenger,
goods and/or baggage security including checked baggage screening services,
control room functions, guarding and controlling access to designated areas,
and general security of persons, property and buildings at an airport within
the scope of coverage of the Aviation Transport Security Act 2004 (Cth)
and its Regulations.
12.11.3 Aviation Security does not include traffic control
(including kerbside traffic management), car parking services, or any other
function for which a valid security license is not required.
13.
Anti-Discrimination
13.1 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 or domestic status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
13.2 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.
13.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
13.4 Nothing in this clause is taken
to affect
13.4.1 any conduct or act which is
specifically exempted from anti-discrimination legislation:
13.4.2 offering or providing junior
rates of pay to persons under the age of 21 years:
13.4.3 any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977.
13.4.4 a party to this Award from
pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
13.5 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.
14.
Procedure to Avoid Industrial Disputation
Subject to the provisions of the Industrial Relations Act
1996 grievances or disputes shall be dealt with in the following manner.
14.1 Step 1
The employee(s) is required to
notify (in writing or otherwise) the employer as to the substance of the
grievance, requesting a meeting with the employer for bilateral discussions and
stating the remedy sought. This meeting shall take place within one working
day, where possible, if not within two working days of the issue arising
(weekends and holidays excepted).
14.2 Step 2
If agreement is not reached then
the matter will be referred by the employer to a higher authority (where this
exists) no later than one working day after the period stated in subclause 14.1
(weekends and holidays excepted). At the conclusion of the discussion the
employer must provide a response to the employee's grievance if the matter has
not been resolved, including reasons (in writing or otherwise) for not
implementing any proposed remedy.
14.3 Normal Work
While the foregoing procedure is
being followed normal work will continue.
14.4 Step 3
If the matter is still not settled
within a reasonable period of time it may be referred/notified to the
Industrial Relations Commission of New South Wales for settlement by either
party.
14.5 Representation
The employer may be represented by
an industrial organisation of employers and the employee(s) is(are) entitled to
be represented by United Workers’ Union, New South Wales Branch, an industrial
organisation of employees, for the purposes of each step of the procedure.
15.
Mixed Functions
15.1 An employee engaged for at least two hours
on any day or shift on duties carrying a higher rate than the employee's
ordinary classification must be paid the higher rate for such day or shift.
15.2 However, where an employee is engaged for
less than two hours on any one day or shift the employee must be paid the
higher rate for the time so worked.
15.3 An employee who is required to perform work
temporarily for which a lower rate is paid, must not suffer any reduction in
wages whilst so employed. Work of less than one week's duration is temporary
work.
16.
Payment of Wages
16.1 Pay Period
The employer must pay wages and other moneys to employees either
weekly or fortnightly, depending on the employer's pay period. The time of
payment must not be more than seventy-two hours from the time when such wages
become due and must not be later than Thursday in the week. An employer may pay
in cash or by cheque or electronic funds transfer; provided that payment other
than in cash does not remove the obligation to pay as prescribed by this
clause.
16.2 Pay Day
The employer must specify the day upon which wages will be paid,
in accordance with 16.1, and any employee who is not paid on such day must be
paid overtime rates for all time subsequently worked until payment is made.
Where an employee is normally paid on the job or at the work site and the
employee is rostered off duty on a day which coincides with pay day, then such
employee must be paid no later than the working day immediately following pay
day.
16.3 Payment of Casual Employees
An employer may pay wages to casual employees at the time and
place specified for permanent employees, that is, on a weekly or fortnightly
basis depending on the employer's pay period.
16.4 Errors in Payment
16.4.1 Should a pay be miscalculated or incorrectly
shown on a pay slip, the right to claim waiting time will be waived provided
that:
(a) the employee has been paid the ordinary base rate of pay, and
(b) any underpayment or error is corrected within 48 hours of
notification by the employee to the pay office of the employer concerned.
16.4.2 Where such underpayment or error is not
corrected within 48 hours then the employee is entitled to waiting time as
provided for in 16.2.
16.4.3 In this subclause, "48 hours" means
hours which fall Monday to Friday inclusive.
16.5 Averaging of Hours Worked Across Roster
Cycles
An employee who works normal hours according to a roster under
which the number of hours worked in any particular pay period during the roster
cycle are more or less than the average number of hours worked during all pay
periods covered by the roster must be paid according to a weekly average of
ordinary hours worked over the whole period of the roster cycle.
16.6 Payment for Hours Actually Worked
In lieu of the averaging system prescribed in 16.5, an employer
may, with the consent of the employee concerned, elect to pay that employee for
the actual time worked in each pay period. However, once an employee has given
consent to payment for hours worked, the employee cannot thereafter
unilaterally withdraw that consent.
16.7 Time and Wages Records
16.7.1 Each employer will keep a record
or system from which can be readily ascertained the name and occupation of each
employee, the hours worked each day (including the commencing and finishing
time of each shift worked), and the wages and entitlements paid each pay
period.
16.7.2 The time occupied by an employee
in filling in any time record or cards or in the making of records will be
treated as time of duty, but this does not apply to checking in or out when
entering or leaving the employer's premises.
16.7.3 The time and wages record will
be open for inspection to a duly accredited union official in accordance with
section 298 of the Industrial Relations Act 1996, during the usual
office hours at the employer's office. Provided that an inspection shall not be
demanded unless a branch official suspects that a breach of this Award has been
committed. Provided also that only one
demand for such inspection shall be made in one fortnight at the same
establishment.
16.7.4 The official making such
inspection shall be entitled to take a copy of entries in a time and wages
record relating to a suspended breach of this Award.
17.
Ordinary Time Hours of Work
17.1 Roster Cycles
17.1.1 Subject to 17.9 and subject to the exceptions
hereinafter provided, the ordinary hours of work are an average of 38 per week
to be worked on one of the following bases:
(a) 76 hours within a roster cycle not exceeding fourteen
consecutive days;
(b) 114 hours within a roster cycle not exceeding twenty-one
consecutive days;
(c) 152 hours within a roster cycle not exceeding twenty-eight
consecutive days;
(d) 304 hours within a roster cycle not exceeding fifty-six
consecutive days.
17.1.2 The ordinary hours prescribed in this clause
must be worked in shifts of no more than ten consecutive hours with not more
than one shift in any period of twenty-four hours. However, a new employee
(other than a casual employee) on engagement may work up to three shifts as
part of an initial training period. Such shifts must be paid for at the
appropriate rate of pay prescribed by this award but must not form part of the
normal roster cycle provided for in this clause. The normal roster cycle must commence on the
fourth shift.
17.2 Shift Duration
Except as provided in 17.7, ordinary time shifts must be limited
in duration to:
17.2.1 for casual employees - a minimum of 4 hours and
a maximum of 8 hours;
17.2.2 for full-time employees - a minimum of 8 hours
and a maximum of 10 hours;
17.2.3 for part-time employees - a minimum of 3 hours
and a maximum of 10 hours.
17.3 Break Between Sequential Shifts
Each ordinary time shift must be separated from any subsequent
ordinary time shift by a minimum break of not less than 8 hours nor less than
the duration of the ordinary time work performed during the shift which
immediately preceded the break.
17.4 Long Break Between Shifts
17.4.1 An employee is entitled to have no less than 4
separate breaks of not less than 48 continuous hours off work in each 28 day
roster cycle, or 3 separate breaks of not less than 72 continuous hours off
work in each 28 day roster cycle, or 3 separate breaks of not less than 48
continuous hours off work in each 21 day roster cycle.
17.4.2 An employee:
(a) must not work more than 6 ordinary time shifts, and/or
(b) must not work more than a total of 48 hours of ordinary time
between the breaks prescribed in 17.4.1.
17.5 Shift Start/End Times
17.5.1 Except in the case of a broken shift, shifts
must be continuous and an employee's commencing and ceasing times of ordinary
hours of work must operate at the actual job or workstation.
However:
(a) where an employee is required to collect (prior to proceeding
to the work site) or return (after completion of duty) company equipment (such
as a gun, keys, car etc.) from a location other than the actual work site or
sites, and
(b) the collection and/or return of such equipment adds more than
15 minutes to the time which would otherwise be required for the employee to
travel between the employee's normal work site or location and the employee's
residence.
17.5.2 Then the commencing and ceasing times of
ordinary work must operate from such point of collection and such point of
return respectively
17.6 Crib Breaks
A paid crib break (or breaks) must be allowed on shifts of more
than 4 hours. A crib time of not less than 20 minutes on an 8 hour shift and
not less than 30 minutes on a 12 hour shift must be provided. The time must be
allowed not earlier than four hours nor later than five hours after the time of
commencement of each shift where it is reasonably practicable to do so.
17.7 Enterprise Flexibility Arrangements -
Ordinary Hours of Work
17.7.1 Despite any other provision of this award, but
subject to this subclause, an employer and his/her employees may arrange
ordinary working hours to exceed 10 but not to exceed 12 on any day. Such
arrangements may be made:
(a) by the employees employed at a specified site or sites, with
the written agreement of all affected employees, or
(b) by the employees of a specified employer/company, with the
agreement by secret ballot of a majority of the employees of that
employer/company to be affected by the arrangement.
17.7.2 If the employer seeks to reach an hours
agreement permitted by 17.7.1 and the union has members employed at the particular
workplace or employed by the particular company (as the case may be), the
employer must inform the Union of its intention (no later than five days before
the employer proposes to commence such an arrangement) and provide the union
with an opportunity to take part in negotiations relating to the proposed
arrangement.
17.7.3 Arrangements made pursuant to 17.7.1 are
subject to:
proper health monitoring procedures being introduced;
suitable roster arrangements being made; and
proper supervision being provided.
17.7.4 Arrangements made pursuant to this subclause
will continue in force unless rescinded by either party to the arrangement by
the giving of seven days’ notice. However, the arrangements may be varied at
any time by the consent of the parties.
17.7.5 Documentation of hours arrangements:
Arrangements made pursuant to paragraph 17.7.1 of this subclause will be
committed to writing in the form set out:
17.7.5.1 in the case of specific site/s arrangements pursuant to
subparagraph 17.7.1(a), in the form set out in Appendix A to this Award, or
17.7.5.2 in the case of specific employer/company arrangements
pursuant to subparagraph 17.7.1(b), in the form set out in Appendix C to this
Award.
17.8 Despite anything to the contrary in this
award, the following time is ordinary working time for the purposes of this
clause and must be paid for as such:
17.8.1 Time allowed as crib time under 17.6;
17.8.2 Time occupied by an employee in filling in any
time record or cards or in the making of records (other than time spent
checking in or out when entering or leaving the employer's premises).
17.8.3 Time spent attending a court on the employer's
or employer's client's behalf in connection with any matter arising out of or
in connection with the employee's duties.
17.8.4 Where an employee is required to use their own
vehicle in the course of their employment and, at the request of the employer,
is requested to fit the vehicle with any additional equipment or identifying
markings, any time spent by the employee in the initial installation of
equipment in their vehicle must be counted as time worked. Such installation
takes place during ordinary business hours. Any further installation or
replacement of equipment required by the employer to be done must similarly be
counted as time worked. Where fitting of equipment or markings is required as a
result of an employee changing vehicles, then such installation will only be
counted as time worked if three years' service has elapsed since the initial
installation.
17.8.5 Time spent at the direction of the employer
attending initial firearms training or firearms refresher training courses.
17.9 19 Day Month Arrangements
The following provisions apply where employees work their hours in
accordance with 17.1.1(c) on the basis that they agree they will accrue 0.4
hours of 19 eight hour shifts towards a paid rostered day off during each cycle
of twenty-eight consecutive days:
17.9.1 Paid rostered days off may be accumulated so as
to allow up to five consecutive days to be taken off in each consecutive period
of up to 20 weeks or such accumulation may be extended up to a maximum of 10
consecutive day;
17.9.2 An employee is entitled to no more than 12 such
paid rostered days off in any 12 months of employment;
17.9.3 The option of implementing either a 19 day
month or accrual of up to five days in 20 weeks or accrual of a maximum of 10
days is at the employer's discretion.
17.10 9 ½ Day Fortnight Arrangements
Where employees work their hours in accordance with 17.1.1(a) on
the basis that they agree they will be rostered off for a paid period of four
hours (a half day) on one day as part of a roster cycle of 76 hours of work in
14 consecutive days, an employee is entitled to no more than 24 paid half days
in any 12 months of consecutive employment.
17.11 21 Day Work Cycles
Where employees work their hours in accordance with 17.1.1(b) on
the basis that they agree they will work a roster cycle of 114 hours in 21
consecutive days so as to allow one complete shift to be taken as a paid
rostered day off during each such roster cycle, an employee is entitled to no
more than 17 such paid rostered days off in any 12 months of consecutive
employment.
17.12 General Provisions
The following provisions apply to employees and employers making
agreement referred to in 17.9, 17.10 and 17.11:
17.12.1 Such agreement must be recorded in
writing and must be recorded in the time and wages records kept in accordance
with subclause 16.7. Where the employee is a member of the union and so
requests, the union must be given an opportunity to represent the employee
before an agreement is reached;
17.12.2 Each day or shift of paid leave taken
(including paid rostered days off but excluding annual leave and long service
leave) during any roster cycle must be regarded as a day or shift worked for
accrual purposes.
17.12.3 Despite any other provision of this
clause, on termination of employment an employee must be paid the value of any
credits accrued from each day or shift worked in the roster cycle towards the
taking of paid rostered days off duty and such payment must be made at the rate
of pay applicable on termination of employment
18.
Broken Ordinary Time Shifts
Employees
other than casual employees may be required to work ordinary time shifts which
include an unpaid break period. Provided that:
18.1 the second part of the broken shift ends no
more than 14 hours after the start of the first part, and
18.2 the break is not less than 4 hours nor more
than 6 hours, and
18.3 the employee is paid a Fares Allowance as
provided under clause 12, Allowances, and
18.4 the total period of paid time worked during
a broken shift is not less than 4 hours nor more than 8 hours, and
18.5 the whole period of any broken time shift
(the first part plus the unpaid break plus the second part) is counted as a
single shift for the purposes of the roster cycles and required breaks
prescribed under clause 17 - Ordinary Time Hours of Work and clause 18 - Broken
Ordinary Time Shifts.
19.
Paid Rostered Days Off Duty
19.1 Rostering of Paid RDO's
19.1.1 The employer and the employee should agree on
the scheduling of an employee's paid rostered days off duty. Where agreement
cannot be reached, the employer will determine the scheduling. An employee may
accumulate up to ten paid rostered days off. The employer may schedule
accumulated days off to suit the needs of the employer's business. However, the
employer must give the employee at least four weeks’ notice of the days on
which accumulated days off will be taken.
19.1.2 Except as provided by 19.1.3, an employee must
be advised by the employer at least four weeks in advance of the weekday which
is to be the paid rostered day off duty.
19.1.3 The employer with the agreement of the majority
of employees affected may substitute the day an employee is to be rostered off
duty (as a paid rostered day off) for another day in the case of an emergency
or to meet the requirements of a particular establishment.
19.1.4 An individual employee with the agreement of
the employer may substitute the day such employee is rostered off duty (as a
paid rostered day off) for another day.
19.2 Paid Rostered Day Off Falling on a Public
Holiday
In the event of an employee's paid rostered day off falling on a
Public Holiday, the employee and the employer should agree to an alternative
day off duty as a substitute. In the absence of agreement the substituted day
will be determined by the employer.
19.3 Work on Paid Rostered Day Off Duty
Subject to 19.1, any employee required to work on their paid
rostered day off must be paid in accordance with the provisions of clause 22 -
Overtime, but, only where it is not possible to substitute another day for the
rostered day off so worked.
19.4 Sick Leave and Paid Rostered Days Off
Employees are not eligible for sick leave in respect of absences
on paid rostered days off as such absences are outside their ordinary hours of
duty.
19.5 Annual Leave and Paid Rostered Days Off
There is no entitlement to a paid rostered day off during a period
of annual leave as such days do not count as time worked for accrual purposes.
20.
Rosters and Transfer of Employees
20.1 Notice
Employees (other than Relieving Officers and casual employees)
must work their normal hours of work in accordance with a roster for which
advance notice has been given. A
Relieving Officer or casual employee may also, at the employer's discretion,
work their normal hours of work in accordance with a roster for which advance
notice has been given.
20.2 Display
The employer must, by legible notice displayed at a place
accessible to the employees, notify employees who work their normal hours in
accordance with a roster, of the commencing and ceasing times of their rostered
hours of work. Such times, once notified, may not be changed without the
payment of overtime, or by seven days' notice given in accordance with this
subclause. However, by agreement between
the employer and the employee less than seven days' notice may be substituted.
20.3 Transfer of an Employee in Response to A
Client's Demand
Where the employer transfers an employee in response to the
clients demand and that transfer results in a loss of income for the employee,
the employee must have their income at the site from which the employee was
transferred maintained for the period remaining in the roster cycle.
21.
Span Loadings - Ordinary Time Work
21.1 The following additional loadings must be
applied to the appropriate ordinary time rate in regard to any portion of an
ordinary time shift which falls within the spans as defined in clause 7 -
Definitions, whether or not the ordinary time shift starts before and/or ends
after the defined span.
21.2 The span loading applies only to that part
of the shift which is within the defined span, and does not apply to the part
of the shift (if any) which falls outside the defined span.
21.3 The loadings to be applied are:
Span
|
Loading
|
|
|
Night Span (Normal)
|
21.7%
|
Night Span (Permanent Night Work)
|
30.0%
|
Saturday Span
|
50.0%
|
Sunday Span
|
100.0%
|
Public Holiday Span
|
150.0%
|
21.4 Span loadings must be paid for as worked.
For example:
21.4.1 if an employee commences work at 1800 on Sunday
and works through to 0600 on Monday then that employee is entitled to the
Sunday Span loading (100.0%) for the first 6 hours of the shift and the
appropriate Night Span loading (either 21.7% or 30.0%) for the remaining 6
hours.
21.4.2 if an employee commences work at 1700 on Monday
and works through to 0100 on Tuesday then that employee is entitled to the
appropriate Night Span loading (either 21.7% or 30.0%) for the 7 hours from
1800 to 0100, but not to any loading for the first hour worked.
21.5 The loadings prescribed in this clause apply
in respect of ordinary hours of work only and apply to all employees including
casual employees.
22.
Overtime
22.1 Loading for Overtime
Subject to the provisions of 22.2, employees who are required to
work overtime in addition to their ordinary time hours of work (as defined)
must, in addition to the ordinary time rate provided for the employee's
classification under Table 1 of Part B, be paid a loading equal to:
22.1.1 for overtime work performed during a weekday
(as defined) or Saturday span (as defined), but excluding overtime work
performed during a Public Holiday span (as defined), 50% of the ordinary time
rate for the first two hours of overtime worked and 100% thereafter;
22.1.2 for all overtime work performed during a Sunday
span (as defined), 100% of the ordinary time rate;
22.1.3 for all overtime work performed during a Public
Holiday span (as defined), 150% of the ordinary time rate.
22.2 Appendix B - Agreements Voluntary Overtime
In lieu of the loading provided under 22.1, an employee may elect
to work additional hours under an Appendix B agreement, subject to the
following conditions:
22.2.1 Any such agreement must be committed to writing
in the form set out in this award. Such agreement must have the written consent
of the employer and the employee.
22.2.2 For all work performed under an Appendix B
agreement the employee concerned must be paid at the rate of 150% of the rate
of pay applicable for ordinary time worked on that day between the hours of
0600-1800.
22.2.3 No employee may work more than a total of 14
hours in any one day, including both overtime and ordinary time.
22.3 Calculation of Overtime Payments
In computing overtime payments, each day's work stands alone. The
hourly rate is determined by dividing the appropriate weekly rate by 38, even
in cases where an employee works more or less than 38 ordinary hours in a week.
22.4 Minimum Break
An employee who works so much overtime between the termination of
ordinary work on one day and the commencement of ordinary work on the next day
that such employee has not had at least eight hours off duty between those
times, must, subject to this subclause, be released after completion of such
overtime until the employee has had such period off duty without loss of pay
for ordinary working time occurring during such absence. If on the instructions
of the employer such an employee resumes or continues work without having had
such period off duty the employee must be paid at double ordinary time until
released from duty for such period and such employee is then entitled to be
absent until the employee has had such period off duty without loss of pay for
ordinary working time occurring during such absence.
22.5 Non-Attendance of Other Employees
Where an employee does not attend for rostered duty with the
required notice the employee on shift must agree to work up to 4 hours overtime
to allow the employer to arrange for suitable relief subject to a maximum of 14
hours total time being worked in any one shift.
22.6
(a) Subject to paragraph (b), an
employer may require an employee to work reasonable overtime at overtime rates
or as otherwise provided for in this award.
(b) An employee may refuse to
work overtime in circumstances where the working of such overtime would result
in the employee working hours which are unreasonable.
(c) For the purposes of paragraph
(b), what is unreasonable or otherwise will be determined having regard to:
(1) any risk to employee health
and safety;
(2) the employee’s personal
circumstances including any family and carers responsibilities;
(3) the needs of the workplace or
enterprise;
(4) the notice (if any) given by
the employer of the overtime and by the employee of his or her intention to
refuse it; and
(5) any other relevant matter.
23.
Call Back
23.1 An employee required to attend the
employer's premises and/or the premises of a client or clients of an employer
for any reason after leaving the place of employment (whether notified before
or after leaving the place of employment) must be paid a minimum number of
hours as specified below:
23.1.1 where such attendance is required at the
employer's premises for the purposes of a disciplinary and/or counselling
interview and/or administrative procedures such as completing or attending to
Workers' Compensation Forms, Accident Reports, or Break/Entry Reports, the
employee must be paid a minimum payment of two hours at the appropriate rate
for each such attendance;
23.1.2 except as provided in 23.1.1, where such
attendance is required at the employer's premises on a Monday through Saturday,
the employee must be paid a minimum payment of three hours at the appropriate
rate for each such attendance;
23.1.3 where any such attendance is required at the
employer's premises on a Sunday the employee must be paid a minimum payment of
four hours at the appropriate rate for each such attendance.
23.2 This clause does not apply
where a period of duty is continuous (subject to a reasonable meal break) with
the completion or commencement of ordinary working time.
24.
Public Holidays
24.1 Specified Public Holidays
The days on which the following
holidays are observed will be observed as public holidays under this award,
namely:
New Year's Day
Australia Day
Good Friday
Easter Saturday
Easter Sunday
Easter Monday
Anzac Day
Queen's Birthday
Labour Day
Christmas Day
Boxing Day and
any day which may hereafter be proclaimed
a public holiday throughout the State; and
24.1.1 the first Monday in August of
each year or such other day as is determined annually by mutual consent between
an employer and an employee; or
24.1.2 where a day, other than the
first Monday in August each year, is observed by the general body of employees
in any establishment then such day may be substituted for the first Monday in
August as a holiday for any employees in that establishment entitled to such
day or additional day as a holiday under this award.
24.2 Permanent Employees -
Entitlement to Public Holidays
Permanent employees are entitled
to the above holidays without loss of pay. However, a five-day shift worker (as
defined) is only entitled to holidays that occur on Monday to Friday inclusive.
An employer must not alter an employee's roster for the specific purpose of
avoiding the entitlement which is provided under this subclause.
24.3 Holidays Falling on a Day on
which a Seven-Day Shift Worker is not Rostered to Work
24.3.1 Where a holiday occurs on the
rostered day off of a seven-day shift worker (as defined), other than a
rostered day given pursuant to the provisions of 17.9 and clause 19, Paid
Rostered Days Off Duty, then if such employee is not required to work on that day
the employer must pay the employee 8 hours' ordinary pay in respect of such
day.
24.3.2 However, the employer may, in
lieu of the payment of eight hours' ordinary pay prescribed in this subclause,
add a day to the annual leave entitlement of the employee concerned. Any day or
days added to an employee's entitlement to annual leave in accordance with this
subclause must be the working day or working days immediately following the
annual leave period to which the employee is entitled to under clause 25,
Annual Leave.
24.3.3 Where the employment of a
seven-day shift worker has been terminated and the employee thereby becomes
entitled under Section 4 of the Annual Holidays Act 1944 (New South
Wales), to payment in lieu of an annual holiday, with respect to a period of
employment, the employee is entitled also to an additional payment for each day
accrued under this subclause, at the appropriate ordinary rate of pay, if
payment has not already been made in accordance with the provisions of this
subclause.
24.4 Payment Where Employees
Required to Work on a Public Holiday
Permanent and casual employees who
are required to work ordinary time or overtime during the 24 hour period
between 0000 at the start of a public holiday and 2400 at the end of that same
public holiday (whether or not that work commences before or ends after the
specified span period) must be paid for all hours worked during the specified
span at the rate of 150% in addition to the ordinary time rate provided for the
employee's classification under Table 1 of Part B. This payment is to be in
lieu of any payment which would have otherwise been required for those hours
under the provisions of 24.2 or 24.3.
24.5 Unauthorised Absence before or
after a Public Holiday.
Where an employee is absent from
his or her employment on the working day before or the working day after a
public holiday without reasonable excuse or without the consent of the
employer, the employee is not entitled to the payment for such holiday as is
provided under 24.2.
25.
Annual Leave
25.1 All employees are entitled to annual leave
in accordance with the Annual Holidays Act 1944 (NSW).
25.2 Additional Leave for Seven-Day Shift Workers
In addition to an annual holiday of four weeks provided by section
3 of the Annual Holidays Act 1944 (New South Wales), a seven-day shift
worker at the end of each year of employment is entitled to the additional
leave as prescribed below:
25.2.1 If during the year of employment the employee
has served continuously as a seven-day shift worker, the additional leave with
respect to that year is one week.
25.2.2 If during the year of employment the employee
has served only a portion of it as a seven-day shift worker, the additional
leave is 3 1/4 hours for each completed month of employment as a seven-day
shift worker. Where the additional leave is or comprises a fraction of a day
such fraction does not form part of the leave period and any such fraction must
be discharged by payment only.
25.2.3 Where the employment of a seven-day shift
worker is terminated and there is thereby an entitlement due under section 4 of
the Annual Holidays Act 1944 (New South Wales), to payment in lieu of an
annual holiday with respect to a period of employment such employee is also
entitled to an additional payment of 3 1/4 hour's pay for each completed month
of service as a seven-day shift worker.
25.3 Payment for Annual Leave
All employees must receive payment for annual leave periods
calculated at whichever is the greater of:
25.3.1 The ordinary time rate provided for the
employee's classification under Table 1 of Part B, together with, where
applicable, the leading hand allowance, relieving officer's allowance and first
aid allowance prescribed in 12.3, 12.4 and 12.5 respectively, plus a loading of
17.5%, or
25.3.2 The ordinary time rate increased by any night
span and/or permanent night span rates and/or weekend span rates which would
have been payable for ordinary time the employee would have worked if the
employee had not been on annual leave (but not including any public holiday
span rate payable in respect of a public holiday occurring during the annual
leave which is a public holiday on which the employee would have worked an
ordinary shift) together with, where applicable, the leading hand allowance,
relieving officer's allowance and first aid allowance prescribed in 12.3, 12.4
and 12.5 respectively. An employee's roster must not be altered merely for the
purpose of avoiding any benefit available to the employee under this provision.
25.3.3 Despite any other provision in this clause, no
loading is payable to an employee who takes an annual holiday wholly or partly
in advance. However, if the employment of such an employee continues until the
day when he or she would have become entitled under the Act to an annual
holiday, the loading then becomes payable in respect of the period of such
holiday, and is to be calculated in accordance with 25.3.1 or 25.3.2, applying
the award rates of wages payable on that day. This provision applies where an
annual holiday has been taken wholly or partly in advance and the entitlement
to the holiday arises after that date.
25.4 Payment In Lieu of Annual Leave on
Termination of Employment
Where the employment of a permanent employee is terminated for any
reason by either party and at the time of such termination the employee has not
been given and has not taken the whole of any annual leave to which the
employee has become entitled (employees only become entitled to annual leave
for each completed year of service), then the employee must be paid for all
such untaken annual leave at the rate provided under 25.3. For an incomplete
year of service employees are entitled to a payment of 1/12 of their ordinary
earnings for that incomplete year of service, in lieu of annual leave.
25.5 Annual Leave Loading
An annual leave loading is incorporated into the provisions of
25.3 and 25.4, and no additional amount is payable in respect of Annual Leave
Loading.
26.
Long Service Leave
Employees
employed under the provisions of this award are entitled to long service leave
in accordance with the provisions of the Long Service Leave Act 1955
(New South Wales).
27.
Personal Leave
The
provisions of this clause apply to full-time and part-time employees, but do
not apply to casual employees.
27.1 Amount of Paid Personal Leave
27.1.1 Paid personal leave is available to an employee
when he or she is absent due to:
personal illness or injury (sick leave); or
for the purposes of caring for an immediate family or household
member that is sick and requires the employee's care and support (carer's
leave); or
because of bereavement on the death of an immediate family or
household member (bereavement leave).
27.1.2 The amount of personal leave to which an
employee is entitled depends on how long he or she has worked for the employer
and accrues as follows:
Length of Time Worked for the
Employer
|
Personal Leave (Hours)
|
|
|
less
than 2 months
|
15.2
|
after 2
months to less than 4 months
|
22.8
|
after 4
months to less than 6 months
|
30.4
|
after 6
months to less than 8 months
|
38.0
|
after 8
months to less than 10 months
|
45.6
|
after 10
months
|
53.2
|
Each
year thereafter
|
91.2
|
27.1.3 After the first year of service, in any year
unused personal leave accrues by the lesser of:
(a) 76 hours less the total amount of sick leave and carer's leave
taken during the year.
(b) the balance of the year's unused personal leave.
27.1.4 Payment for personal leave must be made at the
ordinary time rate provided for the employee's classification under Table 1 of
Part B.
27.2 Immediate Family or Household
27.2.1 The entitlement to carer's or bereavement leave
is subject to the person in respect of whom the leave is taken being either:
a member of the employee's immediate family; or
a member of the employee's household.
27.2.2 The term immediate family includes:
(a) spouse (including a former spouse, a de facto spouse and a
former de facto spouse) of the employee. A de facto spouse means a person of
the opposite sex to the employee who lives with the employee as his or her
husband or wife on a bona fide domestic basis;
(b) a same sex partner who lives with the employee as the
de facto partner of that employee on a bona fide domestic basis; and
(c) child or an adult child (including an adopted child, a
stepchild or an ex-nuptial child), parent, grandparent, grandchild or sibling
of the employee or spouse or same sex partner of the employee.
27.3 Sick Leave
27.3.1 Definition
Sick leave is leave to which an employee other than a casual is
entitled without loss of pay because of his or her personal illness or injury.
27.3.2 Entitlement
(a) The amount of personal leave an employee may take as sick
leave depends on how long he or she has worked for the employer and accrues as
follows:
Length of Time Worked for the
Employer
|
Rate of Accrual of Paid Sick
Leave (Hours)
|
|
|
Less than 2 months
|
0
|
2 months to less than 4 months
|
7.6
|
4 months to less than 6 months
|
15.2
|
6 months to less than 8 months
|
22.8
|
8 months to less than 10 months
|
30.4
|
after 10 months
|
38
|
In the second and each subsequent year
|
76
|
(b) Accumulated personal leave
may be used as sick leave if the current sick leave entitlement is exhausted.
27.3.3 Employee must give notice
(a) Before taking sick leave, an employee must inform the employer
as soon as possible and in any event prior to the start of shift, unless he or
she has a good reason for not doing so.
(b) The notice must include:
the nature of the injury or illness (if known); and
how long the employee expects to be away from work.
(c) If it is not practicable for the employee to give prior notice
of absence, the employee must notify the employer by telephone at the first
opportunity.
(d) Where an employee does not notify the employer of the
employee's inability to attend for duty prior to the start of shift the
employee is not entitled to payment for the first eight hours of such absence.
However, in cases of accident or incapacity to notify, to receive payment for
the absence the employee must provide reasonable proof that he/she was unable
to attend for duty on account of incapacity or illness. An employee's
entitlement to sick leave (see 27.3.2) must not be reduced as a consequence of
the operation of this subclause.
27.3.4 Evidence supporting claim
(a) The employee must, if required by the employer, establish by
production of a medical certificate or statutory declaration, that the employee
was unable to work because of injury or personal illness.
(b) The employer is not required to accept more than two statutory
declarations for single day absences in any one year. Where a single day
absence occurs before or after a public holiday or rostered day off the
employee must supply a medical certificate.
27.3.5 The effect of workers' compensation
If an employee is receiving workers' compensation payments, he or
she is not entitled to sick leave.
27.3.6 Despite anything contained in 27.1, a permanent
employee suffering injury through an accident arising out of and in the course
of such employee's employment (not being an injury in respect of which there is
entitlement to Workers' Compensation) necessitating attendance during working
hours of a doctor, chemist or trained nurse, or at a hospital, may not suffer
any deduction from pay for the time (not exceeding four hours) so occupied on
the day of the accident and must be reimbursed by the employer for all expenses
reasonably incurred in connection with such attendance. For the purpose of this
clause, expenses include fares.
27.4 Bereavement Leave
27.4.1 Paid leave entitlement
An employee other than a casual is entitled to use up to 15.2
hours personal leave as bereavement leave on any occasion on which a member of
the employee's immediate family or household dies within Australia. Where such
death occurs outside Australia, the employee is entitled to use up to 7.6 hours
personal leave as bereavement leave, provided that the entitlement will extend
to 15.2 hours if the employee travels overseas to attend the funeral.
27.4.2 Unpaid leave entitlement
Where an employee has exhausted all personal leave entitlements,
including accumulated leave entitlements, he or she is entitled to take unpaid
bereavement leave. The employer and the employee should agree on the length of
the unpaid leave. In the absence of agreement, the employee is entitled to take
up to 15.2 hours unpaid leave.
27.4.3 Evidence supporting claim
The employer may require the employee to provide satisfactory
evidence of the death of the member of the employee's immediate family or
household.
27.5 Carer's Leave
27.5.1 Paid leave entitlement
An employee other than a casual is entitled to use up to 40 hours
personal leave each year to care for members of his or her immediate family or
household who are sick and require care and support. This entitlement is
subject to the employee being responsible for the care and support of the
person concerned. In normal circumstances an employee is not entitled to take
carer's leave where another person has taken leave to care for the same person.
27.5.2 Notice required
(a) Before taking carer's leave, an employee must give at least
two hours' notice before his or her next rostered starting time, unless he or
she has a good reason for not doing so.
(b) The notice must include:
the name of the person requiring care and support and his or her
relationship to the employee;
the reasons for taking such leave; and
the estimated length of absence.
(c) If it is not practicable for the employee to give prior notice
of absence, the employee must notify the employer by telephone at the first
opportunity.
27.5.3 Evidence supporting claim
The employee must, if required by the employer, establish 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.
27.5.4 Unpaid leave
An employee may take unpaid carer's leave by agreement with the
employer.
28.
Parental Leave
An employee is entitled to Parental Leave in accordance with
Part 4 of Chapter 2 of the Industrial Relations Act 1996.
29.
Jury Service
29.1 Entitlement
An employee must be allowed leave of absence during any period
when required to attend for jury service. Such leave will be limited to a
maximum of two weeks in any period of jury service.
29.2 Payment
During such leave of absence, an employee must be paid the
difference between the jury service fees received and the normal rate of pay as
if working.
29.3 Proof of Attendance
An employee must produce to the employer proof of jury service
fees received and proof of requirement to attend and attendance on jury service
and must give the employer notice of such requirement as soon as practicable
after receiving notification to attend for jury service.
30.
Attendance at Repatriation Centres
Permanent
employees who are ex-service personnel must be allowed, as time worked, lost
time incurred whilst attending Repatriation Centres for medical examination
and/or treatment, provided that:
30.1 Such lost time does not exceed
four hours on each occasion and a maximum of 20 hours per annum;
30.2 The employee produces evidence satisfactory
to the employer that there is a requirement to and subsequent attendance at a
Repatriation Centre.
30.3 The employer may deduct from such lost time
any payments the employee is entitled to receive for lost time from the
Department of Veterans Affairs in respect of any such attendance.
31.
Introduction of Change
31.1 Employer's Duty to Notify
31.1.1 Where an employer has made a
definite decision to introduce major changes in production, program,
organisation, structure or technology that are likely to have significant
effects on employees, the employer must notify the employees who may be
affected by the proposed changes and their Union.
31.1.2 Significant effects include
termination of employment, major changes in the composition, operation or size
of the employer'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 alteration of any of the matters referred to
herein an alteration will be deemed not to have significant effect.
31.2 Employer's Duty to Discuss
Change
31.2.1 The employer will discuss with
the employees affected and their Union, inter alia, the introduction of the
changes referred to in subclause 31.1 hereof, the effects the changes are
likely to have on employees, measures to avert or mitigate the adverse effects
of such changes on employees and will give prompt consideration to matters
raised by the employees and/or their Union in relation to the changes.
31.2.2 The discussions will commence as
early as practicable after a definite decision has been made by the employer to
make the changes referred to in subclause 31.1 hereof.
31.2.3 For the purposes of such
discussion, the employer will provide in writing to the employees concerned and
their Union, all relevant information about the changes including the nature of
the changes proposed; the expected effects of the changes on employees and any
other matters likely to affect employees provided that any employer will not be
required to disclose confidential information the disclosure of which would be
inimical to the employer's interests.
32.
Redundancy
32.1 Discussions Before Terminations
32.1.1 Where an employer has made a
definite decision that the employer no longer wishes the job the employee has
been doing done by anyone and this is not due to the ordinary and customary
turnover of labour and that decision may lead to termination of employment, the
employer will hold discussions with the employees directly affected and with
their Union.
32.1.2 The discussions will take place
as soon as is practicable after the employer has made a definite decision which
will invoke the provisions of paragraph 32.1.1 hereof 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 any
terminations on the employees concerned.
32.1.3 For the purposes of the
discussion the employer will, as soon as practicable, provide in writing to the
employees concerned and their Union, all relevant information about the
proposed terminations including the reasons for the proposed terminations, the
number and categories of employees likely to be affected, and the number of
workers normally employed and the period over which the termination are likely
to be carried out. Provided that any employer will not be required to disclose
confidential information the disclosure of which would be inimical to the
employer's interests.
32.2 Transfer to Lower Paid Duties
Where an employee is transferred
to Lower paid duties for reasons set out in paragraph 32.1.1, the employee will
be entitled to the same period of notice of transfer as the employee would have
been entitled to if his or her employment had been terminated, and the employer
may at the employer's option, make payment in lieu thereof of an amount equal
to the difference between the former ordinary time rate of pay and the new
lower ordinary time rates for the number of weeks of notice still owing.
32.3 Severance Pay
In addition to the period of
notice prescribed for ordinary termination in clause 9, Termination of
Employment, and subject to further order of the Commission, an employee whose
employment is terminated for reasons set out in paragraph 32.1.1, will be entitled
to the following amount of severance pay in respect of a continuous period of
service:
Period of
Continuous Service
|
Severance Pay
|
|
|
1 year or less
|
Nil
|
Over 1 year and up to the completion of 2 years
|
4 weeks' pay
|
Over 2 years and up to the completion of 3 years
|
6 weeks' pay
|
Over 3 years and up to the completion of 4 years
|
7 weeks' pay
|
Over 4 years
|
8 weeks' pay
|
Week's Pay means the ordinary time
rate of pay for the employee concerned.
Provided that severance payments
will not exceed the amount which the employee would have earned if employment
with the employer had proceeded to the employee's normal retirement date.
32.4 Employee Leaving During Notice
An employee whose employment is
terminated for reasons set out in paragraph 32.1.1 may terminate his or her
employment during the period of notice and, if so, will be entitled to the same
benefits and payments under this clause had the employee remained with the
employer until the expiry of such notice. Provided that in such circumstances
the employee will not be entitled to payment in lieu of notice.
32.5 Alternative Employment
An employer, in a particular
redundancy case, may make application to the Commission to have the general
severance pay prescription varied if the employer obtains acceptable
alternative employment for an employee.
32.6 Time Off During Notice Period
32.6.1 During the period of notice of termination
given by the employer for reasons set out in paragraph 32.1.1 an employee will
be allowed up to one day's time off without loss of pay during each week of
notice for the purpose of seeking other employment.
32.6.2 If the employee has been allowed
paid leave for more than one day during the notice period for the purpose of
seeking other employment, the employee will, at the request of the employer, be
required to produce proof of attendance at an interview or the employee will
not receive payment for the time absent. For this purpose a statutory
declaration will be sufficient.
32.7 Notice to Centrelink
Where a decision has been made to
terminate employees in the circumstances outlined in paragraph 32.1.1, the
employer will notify Centrelink thereof 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.
32.8 Superannuation Benefits
Subject to further order of the
Commission where an employee who is terminated receives a benefit from a
superannuation scheme, such employee will only receive under subclause 32.3,
the difference between the severance pay specified in that subclause and the
amount of the superannuation benefit the employee receives which is
attributable to employer contributions only. If this superannuation benefit is
greater than the amount due under subclause 32.3 then the employee will receive
no payment under that clause.
32.9 Transmission of Business:
32.9.1 Where a business is before or
after the date of this Award, transmitted from an employer (in this subclause
called "the transmitter") to another employer (in this subclause
called "the transmittee") and an employee who at the time of such
transmission was an employee of the transmitter in that business becomes an
employee of the transmittee:
32.9.1.1 the continuity of the employment of the employee will be
deemed not to have been broken by reason of such transmission, and
32.9.1.2 the period of employment which the employee has had with the
transmitter or any prior transmitter will be deemed to be service of the
employee with the transmittee.
32.9.2 In this subclause "business" includes trade,
process, business or occupation and includes part of any such business and
"transmission" includes transfer conveyance, assignment or succession
whether by agreement or by operation of law and "transmitted" has a
corresponding meaning.
32.10 Mechanisation and Technological
Changes
32.10.1 Notwithstanding any other provisions of this clause, where
on account of the introduction or proposed introduction by an employer of
mechanisation or technological changes in the industry in which the employer is
engaged, the employer terminates the employment of an employee who has been
employed for the preceding 12 months, such employee will be given three months'
notice of the termination of employment; provided that, if the employer fails
to give such notice in full:
32.10.1.1 the employee will be paid at the rate specified for the
employee's ordinary classification in clause 11, Wages, for a period equal to
the difference between three months and the period of the notice given, and
32.10.1.2 the period of notice required by this subclause to be given
will be deemed to be service with the employer for the purpose of the Long
Service Leave Act 1955, the Annual Holidays Act 1944, or any Act
amending or replacing either of those Acts; and provided further that the right
of the employer to summarily dismiss an employee will not be prejudiced by the
fact that the employee has been given notice pursuant to this subclause of the
termination of the employee's employment.
32.10.2 When an employer gives to an employee notice of the
termination of employment on account of the introduction or proposed
introduction of mechanism or technological changes, within 14 days thereafter
the employer will give notification in writing to the Industrial Registrar, the
New South Wales Government Director of Vocational Guidance, the New South Wales
Government Director of Technical and Further Education and the New South Wales
Branch Secretary of United Workers’ Union, New South Wales Branch, of the fact,
stating the employee's name, address and usual occupation and the date when the
employment terminated or will terminate in accordance with the notice given.
32.11 Employees with Less Than One
Year's Service
This clause does not apply to
employees with less than one year's continuous service and the general
obligation on employers should be no more than to give relevant employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
32.12 Employees Exempted
This clause will not apply where
employment is terminated as a consequence of conduct that justified instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices, or employees engaged for a specific
period of time or for a specified task or tasks for a period of less than 12
months.
32.13 Employers Exempted
Subject to an order of the
Commission, in a particular redundancy case, this clause will not apply to employers
who employ less than 15 employees.
32.14 Incapacity to Pay
An employer, in a particular
redundancy case, may make application to the Commission to have the general
severance pay prescription varied on the basis of the employer's incapacity to
pay.
33.
Enterprise Flexibility Provisions
See Principle 11 of the Wage Fixing Principles established
in the Commission’s State Wage Case decision 2004, as varied from time to time.
34. Deduction of Union Dues
(i) The employer will deduct
Union membership fees (not including fines or levies) from the pay of any
employee, provided that:
(a) the employee has authorised
the employer to make such deductions in accordance with subclause (ii) herein;
(b) the Union will advise the
employer of the amount to be deducted for each pay period applying at the
employer’s workplace and any changes to that amount;
(c) deduction of union membership
fees will only occur in each pay period in which payment has or is to be made
to an employee; and
(d) there will be no requirement
to make deductions for casual employees with less than two months’ service
(continuous or otherwise).
(ii) The employee’s authorisation
will be in writing and will authorise the deduction of an amount of Union fees
(including any variation in that fee effected in accordance with the Union’s
rules) that the Union advises the employer to deduct. Where the employee passes
any such written authorisation to the Union, the Union will not pass the
written authorisation on to the employer without first obtaining the employee’s
consent to do so. Such consent may form part of the written authorisation.
(iii) Monies so deducted from
employees’ pay will be remitted to the Union on either a weekly, fortnightly,
monthly or quarterly basis at the employer’s election, together with all
necessary information to enable the reconciliation and crediting of subscription
to employees’ membership accounts, provided that:
(a) where the employer has
elected to remit on a weekly or fortnightly basis, the employer is entitled to
retain up to five per cent of the monies deducted; and
(b) where the employer has
elected to remit on a monthly or quarterly basis, the employer is entitled to
retain up to 2.5 per cent of the monies deducted.
(iv) Where an employee has already
authorised the deduction of Union membership fees in writing from his or her
pay prior to this clause taking effect, nothing in this clause will be read as
requiring the employee to make a fresh authorisation in order for such
deductions to commence or continue.
(v) The Union will advise the
employer of any change to the amount of membership fees made under its rules,
provided that this does not occur more than once in any calendar year. Such
advice will be in the form of a schedule of fees to be deducted specifying
either weekly, fortnightly, monthly or quarterly as the case may be. The Union
will give the employer a minimum of two months’ notice of any such change.
(vi) An employee may at any time
revoke in writing an authorisation to the employer to make payroll deductions
of Union membership fees.
(vii) Where an employee who is a
member of the Union and who authorised the employer to make payroll deductions
of Union membership fees resigns his or her membership of the Union in
accordance with the rules of the Union, the Union will inform the employee in
writing of the need to revoke the authorisation to the employer in order for
payroll deductions of union membership fees to cease."
PART B
MONETARY RATES
Table 1 - Rates of Pay Per 38-Hour Week
Classification
|
New
rate per week
SWC
2024
$
|
|
|
Grade
1
|
977.60
|
Grade
2
|
1,007.40
|
Grade
3
|
1,025.70
|
Grade
4
|
1,053.90
|
Grade
5
|
1,089.70
|
Table 2 - Other Rates and Allowances
Item
No.
|
Clause
No.
|
Brief
Description
|
Rate
Per Week from the first pay period to commence on or after 1-Jul-24
$
|
Rate
Per Shift from the first pay period to commence on or after 1-Jul-24
$
|
|
12.1
|
Leading Hand Allowance
|
Employees other than casuals
|
Casuals per shift (1/5th of the
amount)
|
1
|
up to 5 Employees
|
43.30
|
8.65
|
2
|
6 to 10 Employees
|
49.00
|
9.79
|
3
|
11 to 15 Employees
|
64.00
|
12.80
|
4
|
16 to 20 Employees
|
73.90
|
14.77
|
5
|
Over 20 Employees
|
73.90
|
14.77
|
6
|
for each Employee exceeding 20, extra
|
1.10
|
0.23
|
7
|
12.4
|
Relieving Officer
|
43.10
|
8
|
12.5
|
First Aid Allowance -
Industrial
|
24.30
|
4.86
|
9
|
12.6
|
Gun Allowance
|
16.60
|
3.63
|
-
|
12.7
|
Locomotion Allowance
|
|
10
|
Motor Vehicle/cycle
|
39.90
|
11
|
Bicycle
|
4.40
|
12
|
12.8
|
Meal Allowance
|
12.80
|
13
|
12.9
|
Fares Allowance
|
10.90
|
14
|
12.1
|
Overnight Meal Allowance
|
103.90
|
16
|
12.9
|
Aviation Security Allowance
|
1.80
|
APPENDIX A
ORDINARY TIME HOURS OF WORK -
SPECIFIED SITE OR SITES
1. This document, which records an agreement reached pursuant
to 17.7.1(a), must be signed by all affected employees within one month of the arrangement
being implemented. An employee who is a union member is entitled to forward a
copy of the signed agreement to the Union Office.
2. The following arrangement is made pursuant to 17.7.1(a) of
the Security Industry (State) Award, in regard to the following site(s):
Location(s) of Site(s)
3. It is agreed between the parties that the following
arrangement for extended daily ordinary hours for the above location(s) is as
follows (see also attached roster(s)):
4. This agreement will take effect from the beginning of the
first full pay period to commence on or
after....................................and will remain in force for a period
of............................
5. Signed on behalf of (COMPANY NAME)
(Date)
6. Signed by (employees):
(All affected employees to sign as acknowledging that they agree
to this arrangement)
7. Where the union is represented in negotiations relating to
this agreement, the agreement is to be signed on behalf of the Union:
APPENDIX B
OVERTIME AGREEMENT
1. The following arrangement is made pursuant to 22.2 of the
Security Industry (State) Award in regard to the following employee(s)
2. The employee(s) who's names and signatures appear above
agree to be paid for overtime worked in accordance with 22.2 in lieu of payment
in accordance with 22.1
3. This agreement once signed by all parties will take effect
from the beginning of the first full pay period to commence on or after..............................and
will remain in force unless rescinded in writing by any party giving four
weeks’ notice
4. SIGNED ON BEHALF OF (Company name)
Position
APPENDIX C
ORDINARY TIME HOURS OF WORK -
SPECIFIED COMPANY/EMPLOYER
1. This document records an agreement reached pursuant to
17.7.1(b) of the Security Industry (State) Award and is signed by the Company
and employees (and, where appropriate, the union) as certifying that the
arrangement outlined hereunder was agreed to by a majority of employees of the
specified Company, in a secret ballot conducted expressly for that purpose.
2. The following arrangement is made pursuant to 17.7.1(b) of
the Security Industry (State) Award, and it will apply hereafter to all
employees of the specified Company employed under the provisions of the
Security Industry (State) Award, unless and until rescinded by either party
pursuant to the provisions of 17.7.3 of the award.
3. It is agreed between the Company and its employees (and,
where appropriate, the Union) that the arrangement for extended daily ordinary
hours of work which are outlined below and/or which are described in the
attached rosters will hereafter apply to all employees of the Company.
4. This agreement takes effect from the beginning of the first
full pay period to commence on or
after........................................and remains in force for a period
of....................................
5. Signed on behalf of (COMPANY NAME)
(Date)
6. Signed on behalf of employees and/or the Union:
Employee representative/
APPENDIX D
NATIONAL TRAINING
WAGE PROVISIONS
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Application
3. Objective
4. Definitions
5. Training Conditions
6. Employment Conditions
7. Wages
8. Special Arrangements
9. Additionally and Licensing
10. Monitoring of Agreement
2. Application
2.1 Subject to 2.1.1.2, this
appendix applies to persons:
2.1.1 who are undertaking a
Traineeship (as defined); and
2.1.1.1 who are employed by an employer
bound by this Appendix.
2.1.1.2 Despite the foregoing, this
appendix does not apply to employees who were employed by an employer bound by
this appendix prior to the date of approval of a traineeship scheme relevant to
the employer, except where agreed between the employer and the union.
2.2 This appendix does not apply
to the apprenticeship system.
2.3 At the conclusion of the
traineeship, this appendix ceases to apply to the employment of the trainee and
the award will then apply to the former trainee.
3. Objective
The objective of this Appendix is to assist in the
establishment of a system of traineeships which provides approved training in
conjunction with employment in order to enhance the skill levels and future
employment prospects of Trainees, particularly young people, and the long term
unemployed. The system is neither designed nor intended for those who are
already trained and job ready. It is not intended that existing employees be
displaced from employment by Trainees. Nothing in this award replaces the prescription
of training requirements in the award.
4. Definitions
4.1 "Approved Training"
means training undertaken (both on or off-the-job) in a Traineeship and will
involve formal instruction, both theoretical and practical, and supervised
practice in accordance with a Traineeship Scheme approved by the State Training
Authority. The training will be
accredited and lead to qualifications as set out in 5.7.
4.2 "Relevant Award"
means the Security Industry (State) Award that applies to a Trainee, or that
would have applied, but for the operation of this Appendix.
4.3 "Relevant Union"
means United Workers’ Union, New South Wales Branch.
4.4 "Trainee" means an
employee who is bound by a Traineeship Agreement made in accordance with this
Appendix.
4.5 "Traineeship" means
a system of training which has been approved by the State Training Authority or
which meets the requirements of a National Training Package developed by the
Property Services Industry Training Advisory Board and endorsed by the National
Training Framework Committee and which leads to an Australian Qualifications
Framework qualification specified by that National Training Package at Levels 2
and 3.
4.6 "Traineeship
Agreement" means an agreement made subject to the terms of this Appendix
between an Employer and the Trainee for a Traineeship and which is registered
with the State Training Authority or under the provisions of the State
legislation. A Traineeship Agreement
must be made in accordance with the relevant approved Traineeship Scheme and
must not operate unless this condition is met.
4.7 "Traineeship Scheme"
means an accredited training program consistent with the National Training
Package applicable to security industry employees. A Traineeship Scheme will
not be given approval unless consultation and negotiation with the relevant
Union upon the terms of the proposed Traineeship Scheme and the Traineeship
have occurred. An application for approval of a Traineeship Scheme must
identify the relevant Union and demonstrate to the satisfaction of the
approving authority that the abovementioned consultation and negotiation have
occurred. A Traineeship Scheme must
include a standard format, which may be used for a Traineeship Agreement.
4.8 "Parties to a Traineeship
Scheme" means the employer and the relevant Union involved in the
consultation and negotiation required for the approval of a Traineeship Scheme.
4.9 "Appropriate State
legislation" means the Vocational Education and Training (Commonwealth
Powers) Act 2010 (NSW)
4.10 "State Training
Authority" means the NSW Department of Education and Training or its
successor.
4.11 "Training program"
means an accredited training program, which must provide for training and
training related employment for a minimum of six months in the case of
full-time trainees and up to a maximum twelve months in the case of part-time
trainees. However, the traineeship program may be extended by agreement where
an individual’s assessment indicates a longer period is necessary to achieve
the qualification sought.
5. Training Conditions
5.1 A traineeship must not
commence until the relevant traineeship agreement, made in accordance with a
traineeship scheme, has been signed by the employer and the trainee and lodged
for registration with the state training authority, provided that if the traineeship
agreement is not in a standard format a traineeship must not commence until the
traineeship agreement has been registered with the state training
authority. The employer must ensure that
the trainee is permitted to attend the training course or program provided for
in the traineeship agreement and must ensure that the trainee receives the
appropriate on-the-job training.
5.2 The trainee must attend an
approved training course or training program prescribed in the traineeship
agreement or as notified to the trainee by the state training authority.
5.3 A substantial proportion of
the traineeship program will be delivered through on-the-job training and
instruction. Such training must:
5.3.1 be specified in the training
program;
5.3.2 where possible, be incorporated
in the normal duties of a trainee; and
5.3.3 must be paid in accordance with
clause 8 of this appendix.
5.4 In addition to the on-the-job
training component, a trainee will be expected to attend some off-the-job
training. This will be to a maximum of 20% of an individual’s total time spent
in the traineeship.
5.5 The employer must roster work
in such a way as to take account of an individual’s off-the-job training
commitments including any requirement for an individual to attend off-the-job
training.
5.6 During the traineeship period,
the employer must provide a level of supervision in accordance with the
traineeship agreement and clause 10 of this appendix.
5.7 Training must be directed to:
5.7.1 the achievement of entry level
competencies required for security industry, including key competencies, at AQF
Level 2
5.7.2 the achievement of an
accredited Certificate at AQF Level 3 or above that is awarded on the basis of
achieving the competencies specified by the Traineeship.
5.7.3 The employer must submit all
training agreements to the traineeship monitoring committee at Suite 2B, 187
Thomas Street, Haymarket NSW 2000, established in clause 11 of this agreement,
within 28 days of lodging the traineeship agreement with the relevant new
apprenticeship centre. The committee must keep the terms of the traineeship
agreement private and confidential.
6. Employment Conditions
6.1 A trainee will be engaged as a
full-time or a part-time employee for a maximum of one year’s duration.
However, a trainee will be subject to a satisfactory probation period of up to
one month which may be reduced at the discretion of the employer. By agreement
in writing, and with the consent of the state training authority, the relevant
employer and the trainee may vary the duration of the traineeship and the
extent of approved training provided that any agreement to vary is in
accordance with the relevant traineeship scheme.
6.2 Termination of employment
during traineeship
6.2.1 The employer must not terminate
the employment of a Trainee without firstly having provided in writing notice
of termination to the Trainee concerned in accordance with the Traineeship
Agreement and subsequently to the State Training Authority. The written notice to be provided to the
relevant State Training Authority must be provided within 5 working days of the
termination.
6.2.2 No existing employee can be
terminated in any manner other than pursuant to this award under which they are
employed at the time of commencement of the Traineeship.
6.2.3 An employer who chooses not to
continue the employment of a trainee upon the completion of the traineeship
must notify, in writing, the state training authority of their decision.
6.3 The trainee must be permitted
to be absent from work without loss of continuity of employment and/or wages to
attend the training in accordance with the traineeship agreement.
6.4 Where the employment of a
trainee by an employer is continued after the completion of the traineeship
period, such traineeship period must be counted as service for the purposes of
the award or any other legislative entitlements.
6.5 The traineeship agreement may
restrict the circumstances under which the trainee may work overtime and
shiftwork in order to ensure the training program is successfully completed.
6.6 No trainee may work overtime
or shiftwork on his or her own unless consistent with the provisions of the
award.
6.7 No trainee may work shiftwork
unless the parties to a traineeship scheme agree that such shiftwork makes
satisfactory provision for approved training. Such training may be applied over
a cycle in excess of a week but, must average over the relevant period no less
than the amount of training required for non-shiftwork trainees.
6.8 All other terms and conditions
of the award that are applicable to the trainee or would be applicable to the
trainee but for this appendix apply unless specifically varied by this
appendix.
6.9 A trainee who fails to either
complete the traineeship or who cannot for any reason be placed in full-time
employment with the employer on successful completion of the traineeship will
not be entitled to any severance payments payable pursuant to termination,
redundancy provisions or similar provisions.
6.10 The training provider will
develop and support the training program in accordance with the requirements of
the AQF accreditation and the State Training Authority requirements for the
delivery of the approved traineeship.
6.11 Existing employees who
undertake a traineeship under this award must have no change in their
employment status or entitlements under the agreement as a consequence of
undertaking such traineeship.
7. Wages
7.1 The weekly wages payable to
trainees are as provided in this clause.
7.2 A trainee’s weekly wage rate
is the relevant weekly wage rates which would otherwise have applied under this
award or proportionately for part-time employees provided that off-the-job
training will be unpaid.
8. Special Arrangements
Subject to the foregoing, the NSW Industrial Relations
Commission may be requested to determine the appropriate wage rates and/or
conditions of employment for any Traineeship not regarded by the parties or any
of them as appropriately covered by this Appendix.
9. Additionally and Licensing
9.1 Trainees will not be required
to perform any duties which will conflict with licensing requirements, e.g.
they will not carry firearms until licensed.
9.2 Trainees will receive the same
level of supervision as is received by new employees engaged under
probation. Such supervision must
continue for a period of at least three months.
9.3 For the first month of the
level 2 traineeship, a trainee security officer must be rostered with at least
one other guard on shift at the same site who is accessible to the trainee.
10. Monitoring of Agreement
10.1 The parties to this appendix
agree to the establishment of an industry committee to monitor the impact of
the traineeship across the industry.
10.2 Such committee will be known as
the traineeship monitoring committee and will meet 4 times a year.
10.3 The committee will comprise:
10.3.1 One representative from ASIAL
10.3.2 One representative from United
Workers’ Union, New South Wales Branch.
10.3.3 One representative from the
Property Services Training Co.
____________________
Printed by
the authority of the Industrial Registrar.