Venues
NSW Award 2024
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
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Effective
Date
|
Industrial
Gazette Reference
|
|
|
|
Volume
|
Page No.
|
C9845
|
2 August 2024
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26 June 2024
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396
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988
|
Arrangement
Clause No. Subject Matter
1. Title
2. Definitions
3. Parties to the Award
4. No Extra Claims
5. Application/Coverage/Scope
6. Period of Operation
7. Statement of Intent
8. Terms of Engagement
9. Casual Employment
10. Part-Time Employment
11. Classifications
12. Apprentices
13. School Based Apprentices
14. Rates of Pay
15. Annualised Salary
16. Payment of Wages
17. Allowance for Temporary Assignments to
Higher Non-Executive Roles
18. First Aid Allowance
19. Allowance Payable for Use of Private Motor
Vehicle
20. Damage to Private Motor Vehicle Used for
Work
21. Overseas Travel
22. Compensation for Damage to Or Loss of
Employee’s Personal Property
23. Lactation Breaks
24. Extended Leave
25. Absence from Work
26. Hours of Work
27. Rosters - Ongoing and Temporary Employees
28. Rostered Days Off
29. Meal Breaks and Allowances
30. Variation of Hours
31. Natural Emergencies and Major Transport
Disruptions
32. Public Holidays
33. Overtime - General
34. Recall to Duty
35. Overtime Meal Breaks
36. Overtime Meal Allowances
37. Payment for Overtime and Time Off In Lieu
38. On-Call (Stand-By) and On-Call Allowance
39. Uniforms and Protective Clothing
40. Leave Without Pay
41. Annual Leave
42. Annual Leave Loading
43. Family and Community Services Leave
44. Military Leave
45. Observance of Essential Religious or
Cultural Obligations
46. Parental Leave
47. Sick Leave
48. Sick Leave Requirements for Evidence of
Illness
49. Sick Leave to Care for a Family Member
50. Sick Leave - Workers Compensation
51. Sick Leave - Claims other than Workers
Compensation
52. Special Leave
53. Leave for matters arising from Domestic
and Family Violence
54. Disputes Procedure
55. Anti-Discrimination
56. Trade Union Activities regarded as on Duty
57. Trade Union Activities regarded as Special
Leave
58. Trade Union Training Courses
59. Conditions Applying to on Loan
Arrangements
60. Period of Notice for Trade Union
Activities
61. Access to Facilities by Trade Union
Delegates
62. Responsibilities of the Trade Union
Delegate
63. Responsibilities of the Trade Union
64. Responsibilities of Workplace Management
65. Right of Entry Provisions
66. Travelling and other Costs of Trade Union
Delegates
67. Industrial Action
68. Consultation and Technological Change
69. Deduction of Trade Union Membership Fees
70. Review of Allowances Payable in Terms of
this Award
Annexure A -
Salaries
Annexure B -
Allowances
Annexure C -
Classification Standards
1. Title
1.1 This award
will be known as the Venues NSW Award 2024.
2. Definitions
2.1 Agency Head - means the Chief Executive Officer of Venues
NSW.
2.2 Act - means the Government Sector Employment Act 2013.
2.3 Agency - means the Venues NSW Staff Agency.
2.4 Union - means the Public
Service Association and Professional Officers’ Association Amalgamated Union of
NSW.
3. Parties to the Award
The parties to this award are:
3.1 Venues NSW;
3.2 The Venues NSW Staff Agency;
3.3 The Industrial Relations Secretary;
and
3.4 The Public Service Association
and Professional Officers’ Association Amalgamated Union of NSW.
4. No Extra Claims
4.1 The parties agree that, during
the term of this award, there will be no extra wage claims, claims for improved
conditions of employment or demands made with respect to the employees covered
by the award and, further, that no proceedings, claims or demands concerning
wages or conditions of employment with respect to those employees will be
instituted before the Industrial Relations Commission or any other industrial
tribunal.
4.2 The terms of the preceding
paragraph do not prevent the parties from taking any proceedings with respect
to the interpretation, application or enforcement of existing award provisions.
5. Application/Coverage/Scope
5.1 The provisions of this award will apply to ongoing
employees, temporary employees and casual employees (as specified in the award)
as defined in the Government Sector Employment Act 2013, employed to exercise
the functions of Venues NSW at all Venues NSW facilities, that were managed by
Venues NSW pursuant to the Sporting Venues Authority Act 2008 as at 30
November 2020, excluding the WIN Sports and Entertainment Centre.
5.2 At the time of making of this
Award, no employee will suffer a reduction of their rate of pay or diminution
in their conditions of employment as a consequence of
the making of this Award.
5.3 The award stands alone. All other
agreements and awards are excluded from having any application to employees
covered by this Award as specified in cl. 5.1.
6. Period of Operation
6.1 This instrument will take effect
on and from 3 February 2023 and remain in force as varied, until 30 June 2024.
7. Statement of Intent
7.1 Venues NSW and employees each
recognise that the work practices that were used in the past may not be
consistent with the current and future needs of Venues NSW and with work
practices across the venue management industry. It is therefore important that change
be introduced in a consultative, constructive and managed way in order to secure the future viability of Venues NSW and
provide consistent, fair and equitable working conditions to its employees.
8. Terms of Engagement
8.1 Employees under this award
will be engaged pursuant to the Government
Sector Employment Act 2013 as ongoing employees and temporary employees on
a full-time or part-time basis, or as casual employees.
9. Casual Employment
9.1 This clause applies to casual employees allocated to Venues
NSW facilities as specified in subclause 5.1.
9.2 Hours of Work
9.2.1 A casual employee is engaged
and paid on an hourly basis.
9.2.2 A casual employee will be
engaged and paid for a minimum of 3 consecutive hours for each day worked.
9.2.3 A casual employee will not work
more than 12 consecutive hours per day (exclusive of meal breaks) without the
payment of overtime for such time in excess of 12
hours, except where longer periods are required by the usual work pattern of
the role.
9.3 Rate of Pay
9.3.1 Casual employees will be paid the
ordinary hourly rate of pay calculated by the following formula for the hours
worked per day:
Annual salary divided by 52.17857
divided by the ordinary weekly hours of the classification.
9.3.2 Casual employees will be paid a
loading on the appropriate ordinary hourly rate of pay of:
15%
9.3.3 Casual employees will also
receive a 1/12th loading on the appropriate ordinary hourly rate of pay in lieu
of annual leave.
9.3.4 The loading specified in
paragraph 9.3.2 of this subclause is in recognition of the casual nature of the
employment and compensates the employee for all leave, other than annual leave
and long service leave, and all incidences of employment, except overtime.
9.4 Overtime
9.4.1 Casual employees will be paid
overtime for work performed:
(a) In excess of 12 consecutive
hours (excluding meal breaks) except where required by the usual work pattern
of the role; or
(b) In excess of the daily roster
pattern applicable for the particular class of work;
or
(c) In excess of the standard
weekly roster of hours for the particular class of
work.
9.4.2 Overtime rates will be paid in
accordance with the rates set in clause 37, Payment for Overtime and Time Off
in Lieu of this award.
9.4.3 Overtime payments for casual
employees are based on the ordinary hourly rate plus the 15% loading set out in
paragraph 9.3.2 of this clause.
9.4.4 The loading in lieu of annual
leave as set out in paragraph 9.3.3 of this clause is not included in the
hourly rate for the calculation of overtime payments for casual employees.
9.5 Leave
9.5.1 Other than as described under
subclauses 9.5, 9.6 and 9.7 of this clause, casual
employees are not entitled to any other paid or unpaid leave.
9.5.2 As set out in paragraph 9.3.3
of this clause, casual employees will be paid a 1/12th loading on the
appropriate ordinary hourly rate of pay in lieu of annual leave.
9.5.3 Casual employees will be
entitled to Long Service Leave in accordance with the provisions of the Long Service Leave Act 1955.
9.5.4 Casual employees are entitled
to unpaid parental leave under Chapter 2, Part 4, Division 1, section 54,
Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996. The
following provisions will also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).
(a) The Agency Head must not fail
to re-engage a regular casual employee (see section 54(2) of the Act) because:
(i) The
employee or employee's spouse is pregnant; or
(ii) The employee is or has been
immediately absent on parental leave.
The rights of an employer in
relation to engagement and re-engagement of casual employees are not affected,
other than in accordance with this clause.
9.6 Personal Carers entitlement
for casual employees
9.6.1 Casual employees are entitled
to not be available to attend work, or to leave work if they need to care for a
family member described in paragraph 49.4.2 of clause 49, Sick Leave to Care
for a Family Member, of this award who is sick and requires care and support,
or who requires care due to an unexpected emergency, or the birth of a child.
This entitlement is subject to the evidentiary requirements set out in
paragraph 9.6.4, and the notice requirements set out in paragraph 9.6.5 of this
clause.
9.6.2 The Agency Head and the casual
employee will agree on the period for which the employee will be entitled to
not be available to attend work. In the absence of agreement, the employee is
entitled to not be available to attend work for up to 48 hours (i.e. two days)
per occasion. The casual employee is not entitled to any payment for the period
of non-attendance.
9.6.3 The Agency Head must not fail
to re-engage a casual employee because the employee accessed the entitlements
provided for in this clause. The rights of an employer to engage or not to
engage a casual employee are otherwise not affected.
9.6.4 The casual employee will, if
required,
(a) Establish either by
production of a medical certificate or statutory declaration:
i.
the illness of the person concerned; and
ii. that the illness is such as
to require care by another person;
or
(b) Establish by production of
documentation acceptable to the employer or a statutory declaration:
i. the
nature of the emergency; and
ii. that such emergency resulted
in the person concerned requiring care by the employee.
In normal circumstances, a casual employee
must not take carer's leave under this subclause where another person had taken
leave to care for the same person.
9.6.5 The casual employee must, as
soon as reasonably practicable and during the ordinary hours of the first day
or shift of such absence, inform the employer of their inability to attend for
duty. If it is not reasonably practicable to inform the employer during the
ordinary hours of the first day or shift of such absence, the employee will
inform the employer within 24 hours of the absence.
9.7 Bereavement entitlements for
casual employees
9.7.1 Casual employees are entitled
to not be available to attend work, or to leave work upon the death in
Australia of a family member on production of satisfactory evidence (if
required by the employer).
9.7.2 The Agency Head and the casual
employee will agree on the period for which the employee will be entitled to
not be available to attend work. In the absence of agreement, the employee is
entitled to not be available to attend work for up to 48 hours (i.e. two days)
per occasion. The casual employee is not entitled to any payment for the period
of non-attendance.
9.7.3 The Agency Head must not fail
to re-engage a casual employee because the employee accessed the entitlements
provided for in this clause. The rights of an employer to engage or not engage
a casual employee are otherwise not affected.
9.7.4 The casual employee must, as
soon as reasonably practicable and during the ordinary hours of the first day
or shift of such absence, inform the employer of their inability to attend for
duty. If it is not reasonably practicable to inform the employer during the
ordinary hours of the first day or shift of such absence, the employee will
inform the employer within 24 hours of the absence.
9.8 Meal Break
9.8.1 All casual employees who work
for more than five consecutive hours will be entitled to an unpaid meal break
of not less than 30 minutes duration. The meal break may be up to one hour in
duration with the agreement of the supervisor. The meal break will be taken
according to the needs of the operation. After each subsequent five-hour period
from the time of the first entitlement the employee will be given a further
meal break under similar conditions.
9.9 Application of other clauses
of this Award to casual employees
9.9.1 The following clauses of this
award do not apply to casual employees:
10
|
Part-Time Employment
|
12
|
Apprentices
|
13
|
School based apprentices
|
15
|
Annualised Salary
|
24
|
Extended Leave
|
26
|
Hours of Work
|
27
|
Rosters - Ongoing and Temporary Employees
|
29
|
Meal Breaks and Allowances
|
30
|
Variation of Hours
|
31
|
Natural Emergencies and Major Transport Disruptions
|
32
|
Public Holidays
|
33
|
Overtime - General
|
34
|
Recall to Duty
|
35
|
Overtime Meal Breaks
|
38
|
On-Call (Stand-by) and On-Call Allowance
|
40
|
Leave Without Pay
|
41
|
Annual Leave
|
42
|
Annual Leave Loading
|
43
|
Family and Community Services Leave
|
44
|
Military Leave
|
45
|
Observance of Essential Religious Or Cultural Obligations
|
46
|
Parental Leave
|
47
|
Sick Leave
|
48
|
Sick Leave Requirements for Evidence of Illness
|
49
|
Sick Leave to Care for a Family Member
|
50
|
Sick Leave - Workers Compensation
|
51
|
Sick Leave - Claims Other Than Workers Compensation
|
52
|
Special Leave
|
56
|
Trade Union Activities Regarded as on Duty
|
57
|
Trade Union activities Regarded as Special Leave
|
58
|
Trade Union Training Courses
|
59
|
Conditions Applying to on Loan Arrangements
|
10. Part-Time Employment
10.1 General
10.1.1 Part-time work may be undertaken
with the agreement of the Agency Head. Part-time work may be undertaken in a
part-time position or under a part-time arrangement.
10.1.2 A part-time employee is to work
contract hours less than full-time hours.
10.1.3 Unless otherwise specified in
the award, part-time employees receive full-time entitlements on a pro rata
basis calculated according to the number of hours an employee works in a
part-time position or under a part-time arrangement. Entitlements to paid leave
will accrue on the equivalent hourly basis.
10.1.4 Before commencing part-time
work, the Agency Head and the employee must agree upon:
(a) The hours to be worked by the
employee, the days upon which they will be worked and the commencing and
ceasing times for the work;
(b) The classification applying
to the work to be performed; and
(c) The number of hours leave to
be deducted for each day’s absence from duty.
10.1.5 The terms of the agreement must
be in writing and may only be varied with the consent of both parties.
10.2 Additional hours -
Non-Annualised Employees
10.2.1 An employer may request, but not
require, a part-time employee to work additional hours. For the time worked in excess of the employee’s usual hours and up to the normal
full-time hours for the classification, part-time employees will be paid for
additional hours at their hourly rate plus a loading of 1/12th in lieu of
annual leave.
10.2.2 Time worked in
excess of the full-time hours of the classification; payment will be
made at the appropriate overtime rate or time off in lieu granted in accordance
with clause 37, Payment for Overtime and Time Off In Lieu, of this award.
11. Classifications
11.1 The classifications are those specified
in Annexure A to this award attached hereto.
11.2 Assignment will be to roles
within the classifications specified in Annexure A to this award.
12.
Apprentices
12.1 The wage rate for apprentices
will be calculated by applying the following percentages to the Total Salary of
a Level 3 Step 1 employee specified in Table 1.1, Ongoing and temporary
employees non-annualised salaries of Annexure A, Salaries of this award:
Apprentice
|
% of Level 3 Step 1
|
1st year (or equivalent training stage)
|
45
|
2nd year (or equivalent training stage)
|
60
|
3rd year (or equivalent training stage)
|
75
|
4th year (or equivalent training stage)
|
85
|
Adult, at age 21 or over, regardless of Year of
Apprenticeship
|
85
|
"Equivalent training stage" recognises that credit may be
given for training undertaken prior to the commencement of the apprenticeship
or that progression through the wage scale may be accelerated or that the
provisions of clause 13, School Based Apprentices, apply.
12.2 Apprentices who reach the age
of 21 years prior to completion of their apprenticeship will be paid from the
date of reaching the age of 21 the rate provided in subclause 12.1 of this
clause for an Adult at age 21 or over regardless of the year of apprenticeship.
13.
School Based Apprentices
13.1 A school
based apprentice is an employee who is undertaking an apprenticeship
under a training contract while also enrolled in the Higher School Certificate.
13.2 The hourly rates for full-time
apprentices as set out in this award will apply to school
based apprentices for total hours worked including time deemed to be
spent in off-the-job training.
13.3 For the purposes of subclause
13.2 of this clause, where a school based apprentice
is a full-time school student, the time spent in off-the-job training for which
the school based apprentice is paid is deemed to be 25 per cent of the actual
hours worked on the job each week.
13.4 The wages paid for training time
may be averaged over the school term or year.
13.5 School based apprentices
progress through the wage scale at the rate of 12 months’ progression for each
two years of employment as an apprentice.
13.6 The rates of pay are based on a
standard apprenticeship of four years. The rate of progression reflects the
average rate of skill acquisition expected from the typical combination of work
and training for a school based apprentice undertaking
the applicable apprenticeship.
13.7 Where an apprentice converts
from a school based to a full-time apprenticeship, all time spent as a
full-time apprentice counts for the purpose of progression through the wage
scale set out in this award. This progression applies in addition to the progression
achieved as a school based apprentice.
13.8 Except as provided by this
clause, school based apprentices are entitled to pro
rata entitlements of all other conditions of employment contained in this
award.
14. Rates of Pay
14.1 The ordinary rates of pay
relating to persons employed under this award are those applying in Annexure A
to this award attached hereto and clause 14.4 below.
14.2 The 3 February 2023 rates of
pay in Annexure A were increased by 1% from 1 July 2023 (‘the 1 July 2023 rates
of pay’).
14.3 The 1 July 2023 rates of pay
and allowances will be increased by 1.22% effective from 3 February 2024, as
shown in Annexure A.
15. Annualised Salary
15.1 The Agency Head may determine
that an employee occupying a specified ongoing or temporary role will receive
an annualised salary for all incidents of work under this Award.
15.2 Ongoing annualised full-time
employees will be engaged as annualised salaried employees and will be paid the
rate of pay for the appropriate skill level and location, as set out in
Annexure A.
15.3 An employee occupying a role
classified at Level 8 or Level 9 as described in Table 1.2 of Annexure A to
this award will be paid a salary in accordance with the employee’s relevant
level, as detailed in the letter of appointment and the role description, and
within the salary range as set out in Table 1.2 respectively for Level 8 and
Level 9.
15.4 Ongoing annualised part-time employees
will be paid pro rata the rate for the appropriate skill level and location, as
set out in Annexure A.
15.5 Annualised salary is paid as
compensation for time worked in excess of ordinary hours, up to 20 hours per 28 day roster period.
15.6 Annualised salary is paid as
compensation for other work related incidents and
allowances, including on call allowance, meal break interruptions, shift
penalties and travel time.
15.7 The calculation of time
‘worked’ during each 28 day cycle includes hours away
from the work place on public holidays, annual leave and sick leave.
15.8 Due to the nature of our
operation, employees in receipt of an annualised salary can be required to work
up to 20 hours per 28 day roster period, in excess of
152 hours, without the payment of overtime or time off in lieu. Requests to
work additional hours should not be unreasonable and be predominately made to
employees for the purpose of major events, facilities and grounds works as
required. The number of hours worked by part-time annualised employees without
the payment of overtime or time off in lieu will be based on their equivalent
pro rata normal working week hours.
15.9 Hours worked in excess of
ordinary hours above 20 hours per 28 day roster period
will be accrued, at the employee’s discretion, as either overtime under clause
37 or as time off in lieu at a rate of one hour worked for one hour time in
lieu.
15.10 Time off in lieu must be taken
within 6 months of the leave accruing at a time and date agreed between the
employer and the employee.
15.11 Any balance of time off in lieu
untaken after 6 months of the leave accruing will be paid at the overtime rate
in accordance with subclause 37.5.
15.11.1 An employee whose salary, or salary and allowance in the
nature of salary, exceeds the maximum rate for Clerk Grade 8 as specified in
the Crown Employees (Administrative
and Clerical Officers - Salaries) Award 2007 or any successor
instrument, as varied from time to time, will be paid at the maximum rate for
Clerk, Grade 8 plus $1.00, unless the Agency Head approves payment at the
employee’s salary or, where applicable, salary and allowance in the nature of
salary.
16. Payment of Wages
16.1 All monies payable to employees
will be paid fortnightly by electronic funds transfer.
17. Allowance for Temporary Assignments to Higher
Non-Executive Roles
17.1 A Public Service non-executive
employee who is temporarily assigned by the Agency Head under the Government
Sector Employment (General) Rules 2014 to another non-executive role at a
higher classification of work than the employee’s current classification of
work will be paid an allowance in accordance with the provisions of clause 20
of the Government Sector Employment Regulation 2014.
18. First Aid Allowance
18.1 An employee appointed as a
First Aid Officer will be paid a first aid allowance at the rate appropriate to
the qualifications held by such employee as specified in Annexure B of this
award attached hereto.
18.2 The First Aid Allowance - Basic
Qualifications rate will apply to an employee appointed as a First Aid Officer
who holds a St John’s Ambulance Certificate or equivalent qualifications (such
as the Civil Defence or the Red Cross Society’s First Aid Certificates) issued
within the previous three years.
18.3 The Holders of current
Occupational First Aid Certificate Allowance rate will apply to an employee
appointed as a First Aid Officer who:
18.3.1 Is appointed to be in charge of a First-Aid room in a workplace of 200 or
more staff members (100 for construction sites); and
18.3.2 Holds an Occupational First-Aid
Certificate issued within the previous three years.
18.4 The First Aid Allowance will
not be paid during leave of one week or more.
18.5 When the First Aid Officer is
absent on leave for one week or more and another qualified employee is selected
to relieve in the First Aid Officer's role, such employee will be paid a pro
rata first aid allowance for assuming the duties of a First Aid Officer.
18.6 First Aid Officers may be
permitted to attend training and retraining courses conducted during normal
hours of duty. The cost of training employees who do not already possess
qualifications and who need to be trained to meet Agency needs, and the cost of
retraining First Aid Officers, are to be met by the Agency.
19. Allowance Payable for Use of Private Motor
Vehicle
19.1 The Agency Head may authorise
an employee to use a private motor vehicle for work where:
19.1.1 Such use will result in greater
efficiency or involve the Agency in less expense than if travel were undertaken
by other means; or
19.1.2 Where the employee is unable to
use other means of transport due to a disability.
19.2 An employee who, with the approval
of the Agency Head, uses a private motor vehicle for work will be paid an
appropriate rate of allowance specified in Annexure B of this award attached
hereto for the use of such private motor vehicle. A deduction from the
allowance payable is to be made for travel as described in subclause 19.4 of
this clause.
19.3 Different levels of allowance
are payable for the use of a private motor vehicle for work depending on the
circumstances and the purpose for which the vehicle is used.
19.3.1 The casual rate is payable if an
employee elects, with the approval of the Agency Head, to use their vehicle for
occasional travel for work. This is subject to the allowance paid for the
travel not exceeding the cost of travel by public or other available transport.
19.3.2 The official business rate is
payable if an employee is directed, and agrees, to use the vehicle for official
business and there is no other transport available. It is also payable where
the employee is unable to use other transport due to a disability. The official
business rate includes a component to compensate an employee for owning and
maintaining the vehicle.
19.4 Deduction from allowance
19.4.1 Except as otherwise specified in
this award, an employee will bear the cost of ordinary daily travel by private
motor vehicle between the employee's residence and headquarters and for any
distance travelled in a private capacity. A deduction will be made from any
motor vehicle allowance paid, in respect of such travel.
19.4.2 In this subclause
"headquarters" means the administrative headquarters to which the
employee is attached or from which the employee is required to operate on a long term basis or the designated headquarters per paragraph
19.4.3 of this subclause.
19.4.3 Designated headquarters
(a) Where the administrative
headquarters of the employee to which they are attached is not within the
typical work area in which the employee is required to use the private vehicle
on official business, the distance to and from a point designated within the
typical work area is to be adopted as the distance to and from the headquarters
for the purpose of calculating the daily deduction.
(b) An employee's residence may
be designated as their headquarters provided that such recognition does not
result in a further amount of allowance being incurred than would otherwise be
the case.
19.4.4 On days when an employee uses a
private vehicle for official business and travels to and from home, whether or not the employee during that day visits
headquarters, a deduction is to be made from the total distance travelled on
the day. The deduction is to equal the distance from the employee's residence
to their headquarters and return or 20 kilometres (whichever is the lesser) and
any distance that is travelled in a private capacity.
19.4.5 Where a headquarters has been
designated per paragraph 19.4.3 of this subclause and the employee is required
to attend the administrative headquarters, the distance for calculating the
daily deduction is to be the actual distance to and from the administrative
headquarters, or, to and from the designated headquarters, whichever is the
lesser.
19.4.6 Deductions are not to be applied
in respect of days characterised as follows.
(a) When staying away from home
overnight, including the day of return from any itinerary.
(b) When the employee uses the
vehicle on official business and returns it to home prior to travelling to the
headquarters by other means of transport at their own expense.
(c) When the employee uses the
vehicle for official business after normal working hours.
(d) When the monthly claim
voucher shows official use of the vehicle has occurred on one day only in any
week. Exemption from the deduction under this subparagraph is exclusive of, and
not in addition to, days referred to in subparagraphs (a), (b) and (c) of this
paragraph.
(e) When the employee buys a
weekly or other periodical rail or bus ticket, provided the Agency is satisfied
that:
(i) At
the time of purchasing the periodical ticket the employee did not envisage the
use of their private motor vehicle on approved official business;
(ii) The periodical ticket was in
fact purchased; and
(iii) In regard to train
travellers, no allowance is to be paid in respect of distance between the
employee’s home and the railway station or other intermediate transport
stopping place.
19.5 The employee must have in
force, in respect of a motor vehicle used for work, in addition to any policy
required to be effected or maintained under the Motor Vehicles (Third Party Insurance) Act
1942, a comprehensive motor vehicle insurance policy to an amount and in a form
approved by the Agency Head.
19.6 Expenses such as tolls etc.
will be refunded to employees where the charge was incurred during approved work related travel.
19.7 Where an employee tows a
trailer or horse-float during travel resulting from approved work activities
while using a private vehicle, the employee will be entitled to an additional
allowance as prescribed in Annexure B of this award attached hereto.
20. Damage to Private Motor Vehicle Used for Work
20.1 Where a private vehicle is damaged
while being used for work, any normal excess insurance charges prescribed by
the insurer will be reimbursed by the Agency, provided:
20.1.1 The damage is not due to gross
negligence by the employee; and
20.1.2 The charges claimed by the
employee are not the charges prescribed by the insurer as punitive excess
charges.
20.2 Provided the damage is not the
fault of the employee, the Agency will reimburse to an employee the costs of
repairs to a broken windscreen, if the employee can demonstrate that:
20.2.1 The damage was sustained on
approved work activities; and
20.2.2 The costs cannot be met under
the insurance policy due to excess clauses.
21. Overseas Travel
21.1 Unless the Agency Head
determines that an employee will be paid travelling rates especially determined
for the occasion, an employee required by the Agency to travel overseas on
official business will be paid the appropriate overseas travelling allowance
rates as specified in the relevant Department of Premier and Cabinet Circular
as issued from time to time.
22. Compensation for Damage to Or Loss of
Employee’s Personal Property
22.1 Where damage to or loss of the
employee's personal property occurs in the course of employment, a claim may be
lodged under the Workers Compensation Act
1987 and/or under any insurance policy of the Agency covering the damage to
or loss of the personal property of the employee.
22.2 If a claim under subclause 22.1
of this clause is rejected by the insurer, the Agency Head may compensate an
employee for the damage to or loss of personal property, if such damage or
loss:
22.2.1 Is due to the negligence of the
Agency, another employee, or both, in the performance of their duties; or
22.2.2 Is caused by a defect in an employee's
material or equipment; or
22.2.3 Results from an employee’s
protection of or attempt to protect Agency property from loss or damage.
22.3 Compensation in terms of
subclause 22.2 of this clause will be limited to the amount necessary to repair
the damaged item. Where the item cannot be repaired or is lost, the Agency Head
may pay the cost of a replacement item, provided the item is identical to or
only marginally different from the damaged or lost item and the claim is
supported by satisfactory evidence as to the price of the replacement item.
22.4 For the purpose of this clause,
personal property means an employee's clothes, spectacles, hearing-aid, tools
of trade or similar items which are ordinarily required for the performance of
the employee’s duties.
22.5 Compensation for the damage
sustained will be made by the Agency where, in the course of work, clothing or
items such as spectacles, hearing aids, etc., are damaged or destroyed by
natural disasters or by theft or vandalism.
23. Lactation Breaks
23.1 This clause applies to
employees who are lactating mothers. A lactation break is provided for
breastfeeding, expressing milk or other activity necessary to the act of
breastfeeding or expressing milk and is in addition to any other rest period
and meal break as provided for in this award.
23.2 A full-time employee or a
part-time employee working more than 4 hours per day is entitled to a maximum
of two paid lactation breaks of up to 30 minutes each per day.
23.3 A part-time employee working 4
hours or less on any one day is entitled to only one paid lactation break of up to 30 minutes on any day so worked.
23.4 A flexible approach to
lactation breaks can be taken by mutual agreement between an employee and their
manager provided the total lactation break time entitlement is not exceeded.
When giving consideration to any such requests for
flexibility, a manager needs to balance the operational requirements of the
organisation with the lactating needs of the employee.
23.5 The Agency Head will provide
access to a suitable, private space with comfortable seating for the purpose of
breastfeeding or expressing milk.
23.6 Other suitable facilities, such
as refrigeration and a sink, will be provided where practicable. Where it is
not practicable to provide these facilities, discussions between the manager
and employee will take place to attempt to identify reasonable alternative
arrangements for the employee's lactation needs.
23.7 Employees experiencing difficulties
in effecting the transition from home-based breastfeeding to the workplace will
have telephone access in paid time to a free breastfeeding consultative
service, such as that provided by the Australian Breastfeeding Association's
Breastfeeding Helpline Service or the Public Health System.
23.8 Employees needing to leave the
workplace during time normally required for duty to seek support or treatment
in relation to breastfeeding and the transition to the workplace may utilise
sick leave in accordance with clause 47, Sick Leave, of this award.
24. Extended Leave
24.1 Extended leave will accrue and
will be granted to employees in accordance with the provisions of Schedule 1 of
the Government Sector Employment Regulation 2014.
25. Absence from Work
25.1 An employee must not be absent
from work unless reasonable cause is shown.
25.2 If an employee is to be absent
from duty because of illness or other emergency, the employee must notify or
arrange for another person to notify the supervisor as soon as possible of the
employee's absence and the reason for the absence.
25.3 If a satisfactory explanation
for the absence, is not provided, the employee will be regarded as absent from
duty without authorised leave and the Agency Head will deduct from the pay of
the employee the amount equivalent to the period of the absence.
25.4 The minimum period of leave
available to be granted will be a quarter day.
25.5 Nothing in this clause affects
any proceedings for misconduct or unsatisfactory performance against an
employee who is absent from duty without authorised leave.
26. Hours of Work
26.1 The ordinary hours of work will
be Monday to Sunday inclusive.
26.2 Ordinary hours will be worked
on a rostered basis over a 28 day period subject to
the following limitations:
26.2.1 Except as provided by sub-clause
28.8 of clause 28 Rostered Days Off of this award, a maximum of 152 ordinary
hours will be worked in any one 28 day period.
26.2.2 A maximum of 12 ordinary hours will
be worked in any 24 hour period.
26.2.3 A minimum engagement of 3 hours
to be worked consecutively.
26.3 Each employee will be entitled
to a minimum of 8 hours break between each full shift. This clause does not
apply to broken shifts.
26.4 The maximum ordinary hours of
work for a full-time or part-time employee in any given week will be 60 hours.
26.5 Part-time employees - Hours of
Work, refer to clause 10 of this award.
26.6 The working hours of employees
and the manner of their recording, will be as determined from time to time by
the Agency Head. Such direction will include the definition of full-time
contract hours as contained in clause 26, Hours of Work, of this award.
26.7 The employee in charge of a
division or branch of Venues NSW will be responsible to the Agency Head for the
proper observance of hours of work and for the proper recording of such
attendance.
26.8 The Agency Head may require an
employee to perform duty beyond the hours determined under subclause 26.4 of
this clause but only if it is reasonable for the employee to be required to do
so. An employee may refuse to work additional hours in circumstances where the
working of such hours would result in the employee working unreasonable hours.
In determining what is unreasonable the following factors will be taken into account:
26.8.1 The employee’s prior commitments
outside the workplace, particularly the employee’s family and carer
responsibilities, community obligations or study arrangements;
26.8.2 Any risk to the employee’s
health and safety;
26.8.3 The urgency of the work required
to be performed during additional hours, the impact on the operational
commitments of the organisation and the effect on client services;
26.8.4 The notice (if any) given by the
Agency Head regarding the working of the additional hours, and by the employee
of their intention to refuse the working of additional hours; or
26.8.5 Any other relevant matter.
26.9 The application of hours of work
is subject to the provisions of this clause.
26.10 The ordinary hours may be worked
on a full-time or part-time basis.
26.12 The Agency Head will ensure that
all employees employed in Venues NSW are informed of the hours of duty required
to be worked and of their rights and responsibilities in respect of such hours
of duty.
27. Rosters - Ongoing and Temporary Employees
27.1 Rosters will be provided at
least 7 days in advance.
27.2 Rosters may be changed during
this period by mutual agreement.
27.3 If a change to the roster is
advised with more than 24 hours' notice, it will be obligatory for employees to
work the roster.
27.4 If a change to the roster is
advised with less than 24 hours' notice it will be optional for the employee to
work the roster.
28. Rostered Days Off
28.1 The following sub-clauses do
not apply to annualised employees. Refer clause 15 Annualised Salary of this
award.
28.2 Full-time hours will be worked
on the basis of 19 Rostered Days in each 28 day roster
cycle.
28.3 Part-time employees are
entitled to the number of Rostered Days Off specified in their part-time work
agreement.
28.4 An employee may swap a Rostered
Day Off with another employee, subject to the prior approval of the Venue
Manager or Supervisor.
28.5 An employee who is directed to
work ordinary hours on a Rostered Day Off may take that Rostered Day Off at
another time, subject to Venues NSW operational needs.
28.6 If an employee is unable to
take a Rostered Day Off due to exceptional circumstances, the Rostered Day Off
can be taken at another time, subject to Venues NSW operational needs. Where
practicable, the Rostered Day Off will be taken during the current roster
cycle, or the following roster cycle.
28.7 For a full-time employee absent
on a working day or days, 7.6 hours leave will be deducted for each day of
absence and counted as ordinary hours of work, regardless of the actual number
of ordinary hours rostered to be performed.
28.8 For a part-time employee absent
on a working day or days, the number of hours leave to be deducted for each day
of absence and counted as ordinary hours of work will be specified in the
employee’s part-time work agreement.
28.9 Where a grant of leave as per
sub-clauses 28.6 or 28.7 of this clause would otherwise lead to the total
number of hours worked in the roster cycle to be in debit or excess of the
contracted ordinary hours the employee’s roster may be amended, subject to the
operational needs of Venues NSW, to ensure that the contracted hours are worked
within the roster cycle.
28.10 If it is not practicable to make
an adjustment to the employee’s roster in the current roster cycle as per
sub-clause 28.8 of this clause the credit or debit on ordinary hours worked may
be carried forward to the next roster cycle and an adjustment to the employee’s
roster made in the following roster cycle.
28.11 Where a full-time employee is
absent for an entire roster cycle, 152 hours leave will be deducted.
28.12 Where a part-time employee is
absent for an entire roster cycle the contract hours per roster cycle specified
in the employee’s part-time work agreement will be deducted.
28.13 If an employee or family member
of an employee is sick on a Rostered Day Off, the Rostered Day Off will not be
re-credited to the staff member.
29. Meal Breaks and Allowances
29.1 All employees who work for more
than five consecutive hours will be entitled to an unpaid meal break of not
less than 30 minutes duration. The meal break may be up to one hour in duration
with the agreement of the supervisor. The meal break will be taken according to
the needs of the operation. After each subsequent five-hour period from the
time of the first entitlement the employee will be given a further meal break
under similar conditions.
30. Variation of Hours
30.1 If the Agency Head is satisfied
that an employee is unable to comply with the general hours operating in the
Agency because of limited transport facilities, urgent personal reasons,
community or family reasons, the Agency Head may vary the employee's hours of
attendance on a one off, short or long-term basis, subject to the following:
30.1.1 The variation does not adversely
affect the operational requirements;
30.1.2 There is no reduction in the
total number of daily hours to be worked;
30.1.3 The variation is not more than
an hour from the commencement or finish of the span of usual commencing and
finishing time;
30.1.4 A meal break of 30 minutes is
available to the employee. The meal break may be up to one hour in duration
with the agreement of the supervisor;
30.1.5 No overtime or meal allowance
payments are made to the employee, as a result of an agreement to vary the hours;
30.1.6 Ongoing arrangements are
documented; and
30.1.7 The Union is consulted, as
appropriate, on any implications of the proposed variation of hours for the
work area.
31. Natural Emergencies and Major Transport
Disruptions
31.1 An employee prevented from
attending work at a normal work location by a natural emergency or by a major
transport disruption may:
31.1.1 Apply to vary the working hours
as provided in clause 30, Variation of Hours of this award; and/or
31.1.2 Negotiate an alternative working
location with the Agency; and/or
31.1.3 Take available family and community
service leave, annual or extended leave or leave without pay to cover the
period concerned.
32. Public Holidays
32.1 Unless directed to attend for
duty by the Agency Head, an employee is entitled to be absent from duty without
loss of pay on any day which is:
32.1.1 A public holiday throughout the
State; or
32.1.2 A local holiday in that part of
the State at or from which the employee performs duty; or
32.1.3 A day between Boxing Day and New
Year's Day determined by the appropriate Agency Head as a public service
holiday.
32.2 An employee required by the
Agency Head to work on a local holiday may be granted time off in lieu on an hour for hour basis for the time worked on a local
holiday.
32.3 If a local holiday falls during
an employee's absence on leave, the employee is not to be credited with the
holiday.
33. Overtime - General
33.1 An employee may be directed by
the Agency Head to work overtime, provided it is reasonable for the employee to
be required to do so. An employee may refuse to work overtime in circumstances
where the working of such overtime would result in the employee working
unreasonable hours. In determining what is unreasonable, the following factors
will be taken into account:
33.1.1 The employee’s prior commitments
outside the workplace, particularly the employee’s family and carer
responsibilities, community obligations or study arrangements,
33.1.2 Any risk to employee health and
safety,
33.1.3 The urgency of the work required
to be performed during overtime, the impact on the operational commitments of
the organisation and the effect on client services,
33.1.4 The notice (if any) given by the
Agency Head regarding the working of the overtime, and by the employee of their
intention to refuse overtime, or
33.1.5 Any other relevant matter.
33.2 Payment for overtime will be
made only where the employee works directed overtime.
34. Recall to Duty
34.1 An employee recalled to work overtime after leaving the employer’s premises will
be paid for a minimum of three (3) hours work at the appropriate overtime
rates.
34.2 The employee will not be
required to work the full three (3) hours if the job can be completed within a
shorter period.
34.3 When an employee returns to the
place of work on a number of occasions in the same day and the first or
subsequent minimum pay period overlap into the next call out period, payment
will be calculated from the commencement of the first recall until either the
end of duty or three (3) hours from the commencement of the last recall,
whichever is the greater. Such time will be calculated as one continuous
period.
34.4 When an employee returns to the
place of work on a second or subsequent occasion and a period of three (3)
hours has elapsed since the employee was last recalled, overtime will only be
paid for the actual time worked in the first and subsequent periods with the
minimum payment provision only being applied to the last recall on the day.
34.5 A recall to duty commences when
the employee starts work and terminates when the work is completed. A recall to
duty does not include time spent travelling to and from the place at which work
is to be undertaken.
34.6 An employee recalled to duty
within three (3) hours of the commencement of usual hours of duty will be paid
at the appropriate overtime rate from the time of recall to the time of
commencement of such normal work.
34.7 This clause will not apply in
cases where it is customary for an employee to return to the Agency’s premises
to perform a specific job outside the employee’s ordinary hours of duty, or
where overtime is continuous with the completion or commencement of ordinary
hours of duty. Overtime worked in these circumstances will not attract the
minimum payment of three (3) hours unless the actual time worked is three (3)
or more hours.
35. Overtime Meal Breaks
35.1 An employee required to work overtime
on weekdays for an hour and a half or more after the employee’s ordinary hours
of duty on weekdays, will be allowed 30 minutes for a meal and thereafter, 30
minutes for a meal after every five hours of overtime worked.
35.2 An employee required to work
overtime on a Saturday, Sunday or Public Holiday, will be allowed 30 minutes
for a meal after every five hours of overtime worked. An employee who is unable
to take a meal break and who works for more than five hours will be given a
meal break at the earliest opportunity.
36. Overtime Meal Allowances
36.1 If an adequate meal is not
provided by the Agency, a meal allowance will be paid by the Agency at the appropriate
rate specified in Annexure B of this award attached hereto, provided the Agency
Head is satisfied that:
36.1.1 The time worked is directed overtime;
36.1.2 The employee properly and
reasonably incurred expenditure in obtaining the meal in respect of which the
allowance is sought;
36.1.3 Where the employee was able to
cease duty for at least 30 minutes before or during the working of overtime to
take the meal, the employee did so; and
36.1.4 Overtime is not being paid in
respect of the time taken for a meal break.
36.2 Where an allowance payable
under this clause is insufficient to reimburse the employee the cost of a meal,
properly and reasonably incurred, the Agency Head will approve payment of
actual expenses.
36.3 Where a meal was not purchased,
payment of a meal allowance will not be made.
36.4 Receipts must be provided to
the Agency Head or his/her delegate in support of any claims for additional
expenses or when the employee is required to substantiate the claim.
37. Payment for Overtime and Time Off in Lieu
37.1 Clause 37, "Payment for
Overtime and Time Off in Lieu” of this award does not apply to annualised
employees except as provided by subclause 15.9 of clause 15, Annualised Salary,
of this award, or to casual employees except as provided by subclause 9.4 of
clause 9, Casual Employment, of this award.
37.2 The Agency Head will grant compensation
for directed overtime worked either by payment at the appropriate rate or, if
the staff member so elects, by the grant of time off in lieu in
accordance with subclause 37.7 of this clause.
37.3 All time
worked by any ongoing or temporary, full-time or part-time employee in excess of the 12 working hours on any one day or in
excess of 152 hours in any rostered work cycle will be deemed to be overtime.
37.4 All time
worked by any casual employee in excess of 12 working
hours on any one day will be deemed as overtime.
37.5 Overtime will be based on the
payment of time and one half for the first two hours and double time thereafter
for work other than that performed on a Public Holiday.
37.6 Overtime performed on a public
holiday will be paid at the rate of double time and a half.
37.7 An ongoing or temporary
employee may elect to take time off in lieu as an
alternative to being paid overtime.
37.8 Time off in lieu is to be taken
on a one for one basis. (i.e. ordinary rate)
37.9 Time off in lieu must be taken
within 6 months of the leave accruing at the discretion of the manager.
37.10 Time off in lieu may be taken as
full or half days.
37.11 Any balance of time off in lieu
untaken after 6 months of the leave accruing will be paid at the overtime rate
in accordance with subclause 37.5.
37.12 All time
accrued must be recorded in a format suitable and approved by the employee’s
manager.
37.13 Make-up Time -An ongoing or
temporary employee may elect, with the consent of the employer, to work
"make-up time", under which the employee takes time off during
ordinary hours, and works those hours at a later time,
during the spread of ordinary hours provided in the award, at the ordinary rate
of pay.
37.14 An employee whose salary, or
salary and allowance in the nature of salary, exceeds the maximum rate for
Clerk Grade 8 as specified in the Crown
Employees (Administrative and Clerical Officers - Salaries) Award 2007 or
any successor instrument, as varied from time to time, will be paid at the
maximum rate for Clerk, Grade 8 plus $1.00, unless the Agency Head approves
payment at the employee’s salary or, where applicable, salary and allowance in
the nature of salary.
38. On-Call (Stand-By) and On-Call Allowance
38.1 Unless in receipt of an
Annualised Salary in terms of clause 15 of this award an employee will be:
38.1.1 Entitled to be paid the on-call
allowance set out in Annexure B of this award attached hereto when directed by
the Agency to be on-call or on stand-by for a possible recall to duty outside
the employee’s working hours;
38.1.2 If an employee who is on call
and is called out by the Agency, the overtime provisions as set out in clause
37, Payment for Overtime or Leave in Lieu, of this award will apply to the time
worked;
38.1.3 Where work problems are resolved
without travel to the place of work whether on a weekday, weekend or public
holiday, work performed will be compensated at ordinary time for the time actually worked, calculated to the next 15 minutes.
39. Uniforms and Protective Clothing
39.1 Where employees are required to
wear a branded uniform they will provided free of
charge.
39.2 Where items of clothing
referred to in subclause 39.1 are required to be cleaned and maintained by the
employee the provisions of Annexure B of this Award attached hereto, will
apply.
39.3 The Agency commits to providing
appropriate protective clothing for employees as is deemed necessary to provide
a safe working environment for employees.
39.4 The Agency will have the right
to determine a dress or uniform code for all employees covered by this award,
which may include a particular style and colour of dress, which is practical to
the working environment, such items will be provided by the employee.
39.5 All uniform items, protective
clothing and other tools provided by the employer will remain the property of
the Crown and will, upon demand be returned to the Agency in reasonable
conditions. Upon termination, monies owed to the employee may be withheld until
such time as this sub-clause is complied with by the employee.
40. Leave Without Pay
40.1 The Agency Head may grant leave
without pay to an employee if good and sufficient reason is shown.
40.2 Leave without pay may be granted
on a full-time or a part-time basis.
40.3 Where an employee is granted
leave without pay for a period not exceeding 10 consecutive working days, the
employee will be paid for any proclaimed public holidays falling during such
leave without pay.
40.4 Where an employee is granted
leave without pay which, when aggregated, does not exceed 5 working days in a
period of twelve (12) months, such leave will count as service for incremental
progression and accrual of annual leave.
40.5 An employee who has been
granted leave without pay will not engage in employment of any kind during the
period of leave without pay, unless prior approval has been obtained from the
Agency Head.
40.6 An employee will not be
required to exhaust accrued paid leave before proceeding on leave without pay
but, if the employee elects to combine all or part of accrued paid leave with
leave without pay, the paid leave will be taken before leave without pay.
40.7 No paid leave will be granted
during a period of leave without pay.
40.8 An ongoing assignment may be
made to the employee’s role if:
40.8.1 The leave without pay has
continued or is likely to continue beyond the original period of approval and
is for a total period of more than 12 months; and
40.8.2 The employee is advised of the
Agency’s proposal to permanently backfill their role; and
40.8.3 The employee is given a
reasonable opportunity to end the leave without pay and return to their role;
and
40.8.4 The Agency advised the employee
at the time of the subsequent approval that the role will be filled on an
ongoing basis during the period of leave without pay.
40.9 The role cannot be filled on an
ongoing basis unless the above criteria are satisfied.
40.10 The employee does not cease to
be employed by the Agency if their role is backfilled on an ongoing basis.
40.11 Subclause 40.8 of this clause
does not apply to full-time unpaid parental leave granted in accordance with
subparagraph 46.9.1(a) of clause 46, Parental Leave, or to Military Leave
granted in accordance with clause 44 of this award.
41. Annual Leave
41.1 Accrual
41.1.1 Paid annual leave for full-time employees
and annual leave for employees working part-time, accrues at the rate of 20
working days per year. Employees working part-time will accrue paid recreation
leave on a pro rata basis, which will be determined on the average weekly hours
worked per leave year.
41.1.2 Annual leave accrues from day to
day.
41.2 Limits on Accumulation and
Direction to Take Leave
41.2.1 At least two (2) consecutive
weeks of annual leave will be taken by an employee every 12 months, except by
agreement with the Agency Head in special circumstances.
41.2.2 Where the operational
requirements permit, the application for leave will be dealt with by the Agency
Head according to the wishes of the employee.
41.2.3 The Agency Head will notify the
employee in writing when accrued annual leave reaches 6 weeks or its hourly
equivalent and at the same time may direct an employee to take at least 2 weeks
annual leave within 3 months of the notification at a time convenient to the
Agency.
41.2.4 The Agency Head will notify the
employee in writing when accrued annual leave reaches 8 weeks or its hourly
equivalent and direct the employee to take at least 2 weeks annual leave within
6 weeks of the notification. Such leave is to be taken at a time convenient to
the Agency.
41.2.5 An employee must take their
annual leave to reduce all balances below 8 weeks or its hourly equivalent, and
the Agency must cooperate in this process. The Agency may direct an employee
with more than 8 weeks to take their annual leave so that it is reduced to
below 8 weeks.
41.3 Conservation of Leave - If the
Agency Head is satisfied that an employee is prevented by operational or
personal reasons from taking sufficient annual leave to reduce the accrued
leave below an acceptable level of between 4 and 6 weeks or its hourly equivalent,
the Agency Head will:
41.3.1 Specify in writing the period of time during which the excess will be conserved;
and
41.3.2 On the expiration of the period during
which conservation of leave applies, grant sufficient leave to the employee at
a mutually convenient time to enable the accrued leave to be reduced to an
acceptable level below the 8 week limit.
41.3.3 Annual leave accruals will be
displayed for employees on their payslips.
41.4 Miscellaneous
41.4.1 Annual leave is not to be
granted for a period less than a quarter-day or in other than multiples of a
quarter day.
41.4.2 Annual leave for which an
employee is eligible on cessation of employment is to be calculated to a
quarter day (fractions less than a quarter being rounded up).
41.4.3 Annual leave does not accrue to
an employee in respect of any period of absence from duty without leave or
without pay, except as specified in paragraph 41.4.4 of this subclause.
41.4.4 Annual leave accrues during any
period of leave without pay granted on account of incapacity for which
compensation has been authorised to be paid under the Workers Compensation Act 1987; or any period of sick leave without
pay or any other approved leave without pay, not exceeding 5 full-time working
days, or their part-time equivalent, in any period of 12 months.
41.4.5 The proportionate deduction to
be made in respect of the accrual of annual leave on account of any period of
absence referred to in paragraph 41.4.4 of this subclause will be calculated to
an exact quarter-day (fractions less than a quarter being rounded down).
41.4.6 Annual leave accrues at half its
normal accrual rate during periods of extended leave on half pay or annual
leave taken on half pay.
41.4.7 Annual leave may be taken on
half pay in conjunction with and subject to the provisions applying to
adoption, maternity or parental leave - see clause 46, Parental Leave of this
award.
41.4.8 On cessation of employment, an
employee is entitled to be paid, the money value of accrued annual leave which
remains untaken.
41.4.9 An employee to whom paragraph
41.4.8 of this subclause applies may elect to take all or part of accrued
annual leave which remains untaken at cessation of active duty as leave or as a
lump sum payment; or as a combination of leave and
lump sum payment.
41.5 Death - Where an employee dies,
the monetary value of annual leave accrued and remaining untaken as at the date
of death, will be paid to the employee’s nominated beneficiary.
41.6 Where no beneficiary has been
nominated, the monetary value of annual leave is to be paid as follows: -
41.6.1 To the widow or widower of the
employee; or
41.6.2 If there is no widow or widower,
to the children of the employee or, if there is a guardian of any children
entitled under this subclause, to that guardian for the children's maintenance,
education and advancement; or
41.6.3 If there is no such widow,
widower or children, to the person who, in the opinion of the Agency Head was,
at the time of the employee’s death, a dependent relative of the employee; or
41.6.4 If there is no person entitled
under paragraphs 41.6.1, 41.6.2 or 41.6.3 of this subclause to receive the
money value of any leave not taken or not completed by an employee or which
would have accrued to the employee, the payment will be made to the personal
representative of the employee.
41.7 Annual leave does not accrue
during leave without pay other than
41.7.1 Military leave taken without pay
when paid military leave entitlements are exhausted;
41.7.2 Absences due to natural
emergencies or major transport disruptions, when all other paid leave is
41.7.3 Any continuous period of sick
leave taken without pay when paid sick leave is exhausted;
41.7.4 Incapacity for which
compensation has been authorised under the Workplace
Injury Management and Workers Compensation Act 1998; or
41.7.5 Periods which when aggregated do
not exceed 5 working days in any period of 12 months.
42. Annual Leave Loading
42.1 General - An employee, other
than a trainee who is paid by allowance, is entitled to be paid an annual leave
loading as set out in this subclause. Subject to the provisions set out in
subclauses 42.2 to 42.4 of this clause, the annual leave loading will be 17½%
on the monetary value of up to 4 weeks annual leave accrued in a leave year.
42.2 Maximum Loading - The annual
leave loading payable will not exceed the amount which would have been payable
to an employee in receipt of salary equivalent to the maximum salary for a
Grade 12 Clerk as specified in the Crown Employees (Administrative and Clerical
Officers - Salaries) Award 2007 or any successor instrument, as varied from
time to time.
42.3 Leave year - For the
calculation of the annual leave loading, the leave year will commence on 1
December each year and will end on 30 November of the following year.
42.4 Payment of annual leave loading
- Payment of the annual leave loading will be made on the annual leave accrued
during the previous leave year and will be subject to the following conditions:
42.4.1 Annual leave loading will be
paid on the first occasion in a leave year, other than the first leave year of
employment, when an employee takes at least two (2) consecutive weeks annual
leave. Where an employee does not have at least 2 weeks annual leave available,
the employee may use a combination of annual leave and any of the following:
public holidays, extended leave, leave without pay, time off in lieu, rostered
day off. The employee will be paid the annual leave loading for such period,
provided the absence is at least 2 weeks.
42.4.2 If at least two weeks leave, as
set out in paragraph 42.4.1 of this subclause, is not taken in a leave year,
then the payment of the annual leave loading entitlement for the previous leave
year will be made to the employee as at 30 November of
the current year.
42.4.3 While annual leave loading will
not be paid in the first leave year of employment, it will be paid on the first
occasion in the second leave year of employment when at least two weeks leave,
as specified in paragraph 42.4.1 of this subclause, is taken.
42.4.4 An employee who has not been
paid the annual leave loading for the previous leave year, will be paid such
annual leave loading on resignation, retirement or termination by the employer
for any reason other than the employee's serious and intentional misconduct.
42.4.5 Except in cases of voluntary
redundancy, proportionate leave loading is not payable on cessation of
employment.
43. Family and Community Service Leave
43.1 The Agency Head will grant to
an employee some, or all of their accrued family and
community service leave on full pay, for reasons relating to unplanned and
emergency family responsibilities or other emergencies as described in
subclause 43.2 of this clause. The Agency Head may also grant leave for the
purposes in subclause 43.3 of this clause. Non-emergency appointments or duties
will be scheduled or performed outside of normal working hours or through
approved use of flexible working arrangements or other appropriate leave.
43.2 Such unplanned and emergency
situations may include, but not be limited to, the following: -
43.2.1 Compassionate grounds - such as
the death or illness of a close member of the family or a member of the
employee's household;
43.2.2 Emergency accommodation matters
up to one day, such as attendance at court as defendant in an eviction action,
arranging accommodation, or when required to remove furniture and effects;
43.2.3 Emergency or weather conditions; such as when flood, fire, snow or disruption to
utility services etc, threatens an employee’s property and/or prevents an
employee from reporting for duty;
43.2.4 Attending to unplanned or
unforeseen family responsibilities, such as attending child's school for an
emergency reason or emergency cancellations by child care
providers;
43.2.5 Attendance at court by an
employee to answer a charge for a criminal offence, only if the Agency Head
considers the granting of family and community service leave to be appropriate
in a particular case.
43.3 Family and community service
leave may also be granted for:
43.3.1 An absence during normal working
hours to attend meetings, conferences or to perform other duties, for employees
holding office in Local Government, and whose duties necessitate absence during
normal working hours for these purposes, provided that the employee does not
hold a position of Mayor of a Municipal Council, President of a Shire Council
or Chairperson of a County Council; and
43.3.2 Attendance as a competitor in
major amateur sport (other than Olympic or Commonwealth Games) for employees
who are selected to represent Australia or the State.
43.4 The definition of
"family" or "relative" in this clause is the same as that
provided in paragraph 49.4.2 of clause 49, Sick Leave to Care for a Family
Member of this award.
43.5 Family and community service
leave will accrue as follows:
43.5.1 Two and a half days in the
employee’s first year of service;
43.5.2 Two and a half days in the
employee’s second year of service; and
43.5.3 One day per year thereafter.
43.6 If available family and
community service leave is exhausted as a result of
natural disasters, the Agency Head will consider applications for additional
family and community service leave, if some other emergency arises.
43.7 If available family and
community service leave is exhausted, on the death of a family member or
relative, additional paid family and community service leave of up to 2 days
may be granted on a discrete, per occasion basis to an employee.
43.8 In cases of illness of a family
member for whose care and support the employee is responsible, paid sick leave
in accordance with clause 49, Sick Leave to Care for a Sick Family Member, of
this award will be granted when paid family and community service leave has
been exhausted or is unavailable.
43.9 The Agency Head may also grant
employee other forms of leave such as accrued annual leave, time off in lieu
and so on for family and community service leave purposes.
44. Military Leave
44.1 During the period of 12 months commencing
on 1 July each year, the Agency Head may grant to an employee who is a
volunteer part-time member of the Defence Forces, military leave on full pay to
undertake compulsory annual training and to attend schools, classes or courses
of instruction or compulsory parades conducted by the employee’s unit.
44.2 In accordance with the Defence Reserve Service (Protection) Act
2001 (Cth), it is unlawful to prevent an employee
from rendering or volunteering to render, ordinary Defence Reserve Service.
44.3 Up to 24 working days military
leave per financial year may be granted by the Agency Head to members of the
Naval and Military Reserves and up to 28 working days per financial year to
members of the Air Force Reserve for the activities specified in subclause 44.1
of this clause.
44.4 The Agency Head may grant an
employee special leave of up to 1 day to attend medical examinations and tests
required for acceptance as volunteer part-time members of the Australian
Defence Forces.
44.5 An employee who is requested by
the Australian Defence Forces to provide additional military services requiring
leave in excess of the entitlement specified in
subclause 44.3 of this clause may be granted Military Leave Top Up Pay by the
Agency Head.
44.6 Military Leave Top Up Pay is
calculated as the difference between an employee’s ordinary pay as if they had
been at work, and the Reservist’s pay which they receive from the Commonwealth
Department of Defence.
44.7 During a period of Military
Leave Top Up Pay, an employee will continue to accrue sick leave, annual and
extended leave entitlements, and Agencies are to continue to make
superannuation contributions at the normal rate.
44.8 At the expiration of military
leave in accordance with subclause 44.3 or 44.4 of this clause, the employee
will furnish to the Agency Head a certificate of attendance and details of the
employee’s reservist pay signed by the commanding officer or other responsible
officer.
45. Observance of Essential Religious or Cultural
Obligations
45.1 An employee of:
45.1.1 Any religious faith who seeks
leave for the purpose of observing essential religious obligations of that
faith; or
45.1.2 Any ethnic or cultural background
who seeks leave for the purpose of observing any essential cultural
obligations, may be granted annual/extended leave to credit or leave without
pay to do so.
45.2 Provided adequate notice as to
the need for leave is given by the employee to the Agency and it is
operationally convenient to release the employee from duty, the Agency Head
must grant the leave applied for by the employee in terms of this clause.
45.3 An employee of any religious
faith who seeks time off during daily working hours to attend to essential
religious obligations of that faith, will be granted such time off by the
Agency Head, subject to:
45.3.1 Adequate notice being given by
the employee;
45.3.2 Prior approval being obtained by
the employee; and
45.3.3 The time off being made up in
the manner approved by the Agency Head.
45.4 Notwithstanding the provisions
of subclauses 45.1, 45.2 and 45.3 of this clause,
arrangements may be negotiated between the Agency and the Unions to provide
greater flexibility for employees for the observance of essential religious or
cultural obligations.
46. Parental Leave
46.1 Parental leave includes
maternity, adoption and "other parent" leave.
46.2 Maternity leave will apply to
an employee who is pregnant and, subject to this clause the employee will be
entitled to be granted maternity leave as follows:
46.2.1 For a period up to 9 weeks prior
to the expected date of birth; and
46.2.2 For a further period of up to 12
months after the actual date of birth.
46.2.3 An employee who has been granted
maternity leave and whose child is stillborn may elect to take available sick
leave instead of maternity leave.
46.3 Adoption leave will apply to an
employee adopting a child and who will be the primary care giver, the employee
will be granted adoption leave as follows:
46.3.1 For a period of up to 12 months
if the child has not commenced school at the date of the taking of custody; or
46.3.2 For such period, not exceeding
12 months on a full-time basis, as the Agency Head may determine, if the child
has commenced school at the date of the taking of custody.
46.3.3 Special Adoption Leave - An
employee will be entitled to special adoption leave (without pay) for up to 2
days to attend interviews or examinations for the purposes of adoption. Special
adoption leave may be taken as a charge against annual leave, extended leave or
family and community service leave.
46.4 Where maternity or adoption
leave does not apply, "other parent" leave is available to male and
female employees who apply for leave to look after his/her child or children.
Other parent leave applies as follows:
46.4.1 Short other parent leave - an
unbroken period of up to 8 weeks at the time of the birth of the child or other
termination of the spouse's or partner's pregnancy or, in the case of adoption,
from the date of taking custody of the child or children;
46.4.2 Extended other parent leave -
for a period not exceeding 12 months, less any short other parental leave
already taken by the employee as provided for in paragraph 46.4.1 of this
subclause. Extended other parental leave may commence at any time up to 2 years
from the date of birth of the child or the taking of custody of the child.
46.5 An employee taking maternity or
adoption leave is entitled to payment at the ordinary rate of pay for a period
of up to 14 weeks, an employee entitled to short other parent leave is entitled
to payment at the ordinary rate of pay for a period of up to 1 week, provided
the employee:
46.5.1 applied for parental leave
within the time and in the manner determined set out in subclause 46.10 of this
clause; and
46.5.2 Prior to the commencement of
parental leave, completed not less than 40 weeks' continuous service.
46.5.3 Payment for the maternity,
adoption or short other parent leave may be made as follows:
(a) In advance as a lump sum; or
(b) Fortnightly as normal; or
(c) Fortnightly at half pay; or
(d) A combination of full pay and
half pay.
46.6 Payment for parental leave is
at the rate applicable when the leave is taken. An employee holding a full-time
role who is on part-time leave without pay when they start parental leave is
paid:
46.6.1 At the full-time rate if they
began part-time leave 40 weeks or less before starting parental leave;
46.6.2 at the part-time rate if they
began part-time leave more than 40 weeks before starting parental leave and
have not changed their part-time work arrangements for the 40 weeks;
46.6.3 At the rate based on the average
number of weekly hours worked during the 40 week
period if they have been on part-time leave for more than 40 weeks but have
changed their part-time work arrangements during that period.
46.7 An employee who commences a
subsequent period of maternity or adoption leave for another child within 24
months of commencing an initial period of maternity or adoption leave will be
paid:
46.7.1 At the rate (full-time or
part-time) they were paid before commencing the initial leave if they have not
returned to work; or
46.7.2 At a rate based on the hours
worked before the initial leave was taken, where the employee has returned to
work and reduced their hours during the 24 month
period; or
46.7.3 At a rate based on the hours
worked prior to the subsequent period of leave where the employee has not
reduced their hours.
46.8 Except as provided in
subclauses 46.5, 46.6 and 46.7 of this clause parental leave will be granted
without pay.
46.9 Right to request
46.9.1 An employee who has been granted
parental leave in accordance with subclause 46.2, 46.3 or 46.4 of this clause may make a request to the Agency Head to:
(a) Extend the period of unpaid
parental leave for a further continuous period of leave not exceeding 12 months;
(b) Return from a period of
full-time parental leave on a part-time basis until the child reaches school
age (Note: returning to work from parental leave on a part-time basis includes
the option of returning to work on part-time leave without pay);
(c) To assist the employee in
reconciling work and parental responsibilities.
46.9.2 The Agency Head will consider
the request having regard to the employee’s circumstances and, provided the
request is genuinely based on the employee’s parental responsibilities, may
only refuse the request on reasonable grounds related to the effect on the
workplace or the Agency Head’s business. Such grounds might include cost, lack
of adequate replacement staff, loss of efficiency and the impact on customer
service.
46.10 Notification Requirements
46.10.1 When an Agency is made aware that an employee or their
spouse is pregnant or is adopting a child, the Agency must inform the employee
of their entitlements and their obligations under the award.
46.10.2 An employee who wishes to take parental leave must notify
the Agency Head in writing at least 8 weeks (or as soon as practicable) before
the expected commencement of parental leave:
(a) That she/he intends to take
parental leave, and
(b) The expected date of birth or
the expected date of placement, and
(c) If she/he is likely to make a
request under subclause 46.9 of this clause.
46.10.3 At least 4 weeks before an employee's expected date of
commencing parental leave they must advise:
(a) The date on which the
parental leave is intended to start, and
(b) The period of leave to be
taken.
46.10.4 Employee’s request and the Agency Head’s decision to be in
writing
The employee’s request under
paragraph 46.9.1 and the Agency Head’s decision made under paragraph 46.9.2
must be recorded in writing.
46.10.5 An employee intending to request to return from parental
leave on a part-time basis or seek an additional period of leave of up to 12
months must notify the Agency Head in writing as soon as practicable and
preferably before beginning parental leave. If the notification is not given
before commencing such leave, it may be given at any time up to 4 weeks before
the proposed return on a part-time basis, or later if the Agency Head agrees.
46.10.6 An employee on maternity leave is to notify her Agency of
the date on which she gave birth as soon as she can conveniently do so.
46.10.7 An employee must notify the Agency as soon as practicable
of any change in her intentions as a result of
premature delivery or miscarriage.
46.10.8 An employee on maternity or adoption leave may change the
period of leave or arrangement, once without the consent of the Agency and any
number of times with the consent of the Agency. In each case she/he must give
the Agency at least 14 days' notice of the change unless the Agency Head
decides otherwise.
46.11 An employee has the right to
her/his former role if she/he has taken approved leave or part-time work in
accordance with subclause 46.9 of this clause, and she/he resumes duty
immediately after the approved leave or work on a part-time basis.
46.12 If the role occupied by the
employee immediately prior to the taking of parental leave has ceased to exist,
but there are other roles available that the employee is qualified for and is capable of performing, the employee will be appointed to
a role of the same grade and classification as the employee’s former role.
46.13 An employee does not have a
right to her/his former role during a period of return to work on a part-time
basis. If the Agency Head approves a return to work on a part-time basis then the role occupied is to be at the same
classification and grade as the former role.
46.14 An employee who has returned to
full-time duty without exhausting their entitlement to 12 months unpaid
parental leave is entitled to revert back to such
leave. This may be done once only, and a minimum of 4 weeks' notice (or less if
acceptable to the Agency) must be given.
46.15 An employee who is sick during
her pregnancy may take available paid sick leave or accrued annual or extended
leave or sick leave without pay. An employee may apply for accrued annual
leave, extended leave or leave without pay before taking maternity leave. Any
leave taken before maternity leave, ceases at the end of the working day
immediately preceding the day she starts her nominated period of maternity
leave or on the working day immediately preceding the date of birth of the
child, whichever is sooner.
46.16 An employee may elect to take
available annual leave or extended leave within the period of parental leave
provided this does not extend the total period of such leave.
46.17 An employee may elect to take
available annual leave at half pay in conjunction with parental leave provided
that:
46.17.1 Accrued annual leave at the date leave commences is
exhausted within the period of parental leave;
46.17.2 The total period of parental leave is not extended by the
taking of annual leave at half pay;
46.17.3 When calculating other leave accruing during the period of
annual leave at half pay, the annual leave at half pay will be converted to the
full-time equivalent and treated as full pay leave for accrual of further
annual, extended and other leave at the full-time rate.
46.18 If, for any reason, a pregnant
employee is having difficulty in performing her normal duties or there is a
risk to her health or to that of her unborn child the Agency Head, should, in
consultation with the employee, take all reasonable measures to arrange for
safer alternative duties. This may include but, is not limited to greater
flexibility in when and where duties are carried out, a temporary change in
duties, retraining, multi-skilling, teleworking and job redesign.
46.19 If such adjustments cannot
reasonably be made, the Agency Head must grant the employee maternity leave, or
any available sick leave, for as long as it is necessary to avoid exposure to
that risk as certified by a medical practitioner, or until the child is born
whichever is the earlier.
46.20 Communication during parental
leave
46.20.1 Where an employee is on parental leave and a definite
decision has been made to introduce significant change at the workplace, the
Agency will take reasonable steps to:
(a) Make information available in
relation to any significant effect the change will have on the status or
responsibility level of the role the employee held before commencing parental
leave; and
(b) Provide an opportunity for
the employee to discuss any significant effect the change will have on the
status or responsibility level of the role the employee held before commencing
parental leave.
46.20.2 The employee will take reasonable steps to inform the
Agency Head about any significant matter that will affect the employee’s
decision regarding the duration of parental leave to be taken, whether the
employee intends to return to work and whether the employee intends to request
to return to work on a part-time basis.
46.20.3 The employee will also notify the Agency Head of changes
of address or other contact details which might affect the Agency’s capacity to
comply with paragraph 46.20.1 of this subclause.
47. Sick Leave
47.1 Illness in this clause and in
clauses 48 and 49 of this award means physical or psychological illness or
injury, medical treatment and the period of recovery or rehabilitation from an
illness or injury.
47.2 Payment for sick leave is
subject to the employee:
47.2.1 Informing their manager as soon
as reasonably practicable that they are unable to perform duty because of
illness. This must be done as close to the employee’s starting time as
possible; and
47.2.2 Providing evidence of illness as
soon as practicable if required by clause 48, Sick Leave - Requirements for
Evidence of Illness, of this award.
47.3 If the Agency Head is satisfied
that an employee is unable to perform duty because of the employee’s illness or
the illness of his/her family member, the Agency Head:
47.3.1 Will grant to the employee sick
leave on full pay; and
47.3.2 May grant to the employee, sick
leave without pay if the absence of the employee
exceeds the entitlement of the employee under this award to sick leave on full
pay.
47.4 The Agency Head may direct an
employee to take sick leave if they are satisfied that, due to the employee’s
illness, the employee:
47.4.1 Is unable to carry out their
duties without distress; or
47.4.2 Risks further impairment of
their health by reporting for duty; or
47.4.3 Is a risk to the health,
wellbeing or safety of other employees, Agency clients or members of the
public.
47.5 The Agency Head may direct an
employee to participate in a return to work program if
the employee has been absent on a long period of sick leave.
47.6 Entitlements
47.6.1 At the commencement of
employment with the Public Service, a full-time employee is granted an accrual
of 5 days sick leave.
47.6.2 After the first four months of
employment, the employee will accrue sick leave at the rate of 10 working days
per year for the balance of the first year of service.
47.6.3 After the first year of service,
the employee will accrue sick leave day to day at the rate of 15 working days
per year of service.
47.6.4 All continuous service as an
employee in the NSW public service will be taken into account
for the purpose of calculating sick leave due. Where the service in the NSW
public service is not continuous, previous periods of public service will be taken into account for the purpose of calculating sick leave
due if the previous sick leave records are available.
47.6.5 Notwithstanding the provisions
of paragraph 47.6.4 of this subclause, sick leave accrued and not taken in the
service of a public sector employer may be accessed in terms of the Government Sector Employment Regulation 2014
and Public Sector Staff Mobility Policy.
47.6.6 Sick leave without pay will
count as service for the accrual of annual leave and paid sick leave. In all
other respects sick leave without pay will be treated in the same manner as
leave without pay.
47.6.7 When determining the amount of
sick leave accrued, sick leave granted on less than full pay, will be converted
to its full pay equivalent.
47.6.8 Paid sick leave will not be
granted during a period of unpaid leave.
47.7 Payment during the initial 3
months of service - Paid sick leave which may be granted to an employee, other
than a seasonal or relief employee, in the first 3 months of service will be
limited to 5 days paid sick leave, unless the Agency Head approves otherwise.
Paid sick leave in excess of 5 days granted in the
first 3 months of service will be supported by a satisfactory medical
certificate.
47.8 Seasonal or relief employees -
No paid sick leave will be granted to temporary employees who are employed as
seasonal or relief employees for a period of less than 3 months.
48. Sick Leave - Requirements for Evidence of
Illness
48.1 An employee absent from duty for
more than 2 consecutive working days because of illness must furnish evidence
of illness to the Agency Head in respect of the absence.
48.2 In addition to the requirements
under subclause 47.2 of clause 47, Sick Leave, of this award, an employee may
absent themselves for a total of 5 working days due to illness without the
provision of evidence of illness to the Agency Head. Employees who absent
themselves in excess of 5 working days in a calendar
year may be required to furnish evidence of illness to the Agency Head for each
occasion absent for the balance of the calendar year.
48.3 As a general practice backdated
medical certificates will not be accepted. However, if an employee provides
evidence of illness that only covers the latter part of the absence, they can
be granted sick leave for the whole period if the Agency Head is satisfied that
the reason for the absence is genuine.
48.4 If an employee is required to
provide evidence of illness for an absence of 2 consecutive working days or
less, the Agency Head will advise them in advance.
48.5 If the Agency Head is concerned
about the diagnosis described in the evidence of illness produced by the
employee, after discussion with the employee, the evidence provided and the
employee's application for leave can be referred to the nominated medical
assessor for the NSW public sector for advice.
48.5.1 The type of leave granted to the
employee will be determined by the Agency Head.
48.5.2 If sick leave is not granted,
the Agency Head will, as far as practicable, take into
account the wishes of the employee when determining the type of leave
granted.
48.6 The granting of paid sick leave
will be subject to the employee providing evidence which indicates the nature
of illness or injury and the estimated duration of the absence. If an employee
is concerned about disclosing the nature of the illness to their manager they may elect to have the application for sick
leave dealt with confidentially by an alternate manager or the human resources
section of the Agency.
48.7 The reference in this clause to
evidence of illness will apply, as appropriate:
48.7.1 Up to one week may be provided
by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist,
oral and maxillo facial surgeon or, at the Agency
Head's discretion, another registered health services provider, or
48.7.2 Where the absence exceeds one
week, and unless the health provider listed in paragraph 48.7.1 of this
subclause is also a registered medical practitioner, applications for any
further sick leave must be supported by evidence of illness from a registered medical
practitioner, or
48.7.3 At the Agency Head’s discretion,
other forms of evidence that satisfy that an employee had a genuine illness.
48.8 If an employee who is absent on
annual leave or extended leave, furnishes to the Agency Head satisfactory
evidence of illness in respect of an illness which occurred during the leave,
the Agency Head may, subject to the provisions of this clause, grant sick leave
to the employee as follows:
48.8.1 In respect of annual leave, the
period set out in the evidence of illness;
48.8.2 In respect of extended leave,
the period set out in the evidence of illness if such period is 5 working days
or more.
48.9 Subclause 48.8 of this clause
applies to all employees other than those on leave prior to resignation or
termination of services, unless the resignation or termination of services
amounts to a retirement.
49. Sick Leave to Care for a Family Member
49.1 Where family and community
service leave provided for in clause 43 of this award is exhausted or
unavailable, an employee with responsibilities in relation to a category of
person set out in subclause 49.4 of this clause who needs the employee’s care
and support, may elect to use available paid sick leave, subject to the
conditions specified in this clause, to provide such care and support when a
family member is ill.
49.2 The sick leave will initially
be taken from the sick leave accumulated over the previous 3 years. In special
circumstances, the Agency Head may grant additional sick leave from the sick
leave accumulated during the employee’s eligible service.
49.3 If required by the Agency Head
to establish the illness of the person concerned, the employee must provide
evidence consistent with subclause 48.6 of clause 48, Sick Leave - Requirements
for Evidence of Illness, of this award.
49.4 The entitlement to use sick
leave in accordance with this clause is subject to:
49.4.1 The employee being responsible
for the care and support of the person concerned; and
49.4.2 The person concerned being:
(a) A spouse of the employee; or
(b) A de facto spouse being a person
of the opposite sex to the employee who lives with the employee as her husband
or his wife on a bona fide domestic basis although not legally married to that
employee; or
(c) A child or an adult child
(including an adopted child, a step child, a foster
child or an ex-nuptial child), parent (including a foster parent or legal
guardian), grandparent, grandchild or sibling of the employee or of the spouse
or de facto spouse of the employee; or
(d) A same sex partner who lives
with the employee as the de facto partner of that employee on a bona fide
domestic basis; or a relative of the employee who is a member of the same
household, where for the purposes of this definition:
"relative" means a
person related by blood, marriage, affinity or Aboriginal kinship structures;
"affinity" means a
relationship that one spouse or partner has to the relatives of the other; and
"household" means a
family group living in the same domestic dwelling.
50. Sick Leave - Workers Compensation
50.1 The Agency Head will advise
each employee of the rights under the Workers
Compensation Act 1987, as amended from time to time, and will give such
assistance and advice, as necessary, in the lodging of any claim.
50.2 An employee who is or becomes
unable to attend for duty or to continue on duty in
circumstances which may give the employee a right to claim compensation under
the Workers Compensation Act 1987
will be required to lodge a claim for any such compensation.
50.3 Where, due to the illness or
injury, the employee is unable to lodge such a claim in person, the Agency Head
will assist the employee or the representative of the employee, as required, to
lodge a claim for any such compensation.
50.4 The Agency Head will ensure
that, once received by the Agency, an employee’s workers compensation claim is
lodged by the Agency with the workers compensation insurer within the statutory
period prescribed in the Workers
Compensation Act 1987.
50.5 Pending the determination of
that claim and on production of an acceptable medical certificate, the Agency
Head will grant sick leave on full pay for which the employee is eligible
followed, if necessary, by sick leave without pay or, at the employee's election
by accrued annual leave or extended leave.
50.6 If liability for the workers
compensation claim is accepted, then an equivalent period of any sick leave
taken by the employee pending acceptance of the claim will be restored to the
credit of the employee.
50.7 If an employee notifies the
appropriate Agency Head that he or she does not intend to make a claim for any
such compensation, the Agency Head will consider the reasons for the employee's
decision and will determine whether, in the circumstances, it is appropriate to
grant sick leave in respect of any such absence.
50.8 An employee may be required to
submit to a medical examination under the Workers
Compensation Act 1987 in relation to a claim for compensation under that
Act. If an employee refuses to submit to a medical examination without an
acceptable reason, the employee will not be granted available sick leave on
full pay until the examination has occurred and a medical certificate is issued
indicating that the employee is not fit to resume employment.
50.9 If the Agency Head provides the
employee with employment which meets the terms and conditions specified in the
medical certificate issued under the Workers
Compensation Act 1987 and the Workplace
Injury Management and Workers Compensation Act 1998 and, without good
reason, the employee fails, to resume or perform such duties, the employee will
be ineligible for all payments in accordance with this clause from the date of
the refusal or failure.
50.11 Nothing in this clause prevents
an employee from appealing a decision or taking action
under other legislation made in respect of:
50.11.1 The employee's claim for workers compensation;
50.11.2 The conduct of a medical examination by a Government or
other Medical Officer;
50.11.3 A medical certificate issued by the examining Government
or other Medical Officer; or
50.11.4 Action taken by the Agency Head either under the Workers Compensation Act 1987 or any
other relevant legislation in relation to a claim for workers compensation,
medical examination or medical certificate.
51. Sick Leave - Claims Other Than Workers
Compensation
51.1 If the circumstances of any
injury to or illness of an employee give rise to a claim for damages or to
compensation, other than compensation under the Workers Compensation Act 1987, sick leave on full pay may, subject
to and in accordance with this clause, be granted to the employee on completion
of an acceptable undertaking that:
51.1.1 Any such claim, if made, will
include a claim for the value of any period of paid sick leave granted by the
Agency to the employee; and
51.1.2 In the event that the employee
receives or recovers damages or compensation pursuant to that claim for loss of
salary or wages during any such period of sick leave, the employee will repay
to the Agency the monetary value of any such period of sick leave.
51.2 Sick leave on full pay will not
be granted to an employee who refuses or fails to complete an undertaking, except
in cases where the Agency Head is satisfied that the refusal or failure is
unavoidable.
51.3 On repayment to the Agency of
the monetary value of sick leave granted to the employee, sick leave equivalent
to that repayment and calculated at the employee’s ordinary rate of pay, will
be restored to the credit of the employee.
52. Special Leave
52.1 Special Leave - Jury Service
52.1.1 An employee will, as soon as
possible, notify the Agency Head of the details of any jury summons served on
the employee.
52.1.2 An employee who, during any
period when required to be on duty, attends a court in answer to a jury summons
will, upon return to duty after discharge from jury service, furnish to the
Agency Head a certificate of attendance issued by the Sheriff or by the
Registrar of the court giving particulars of attendances by the employee during
any such period and the details of any payment or payments made to the employee
under section 72 of the Jury Act 1977
in respect of any such period.
52.1.3 When a certificate of attendance
on jury service is received in respect of any period during which an employee
was required to be on duty, the Agency Head will grant, in respect of any such
period for which the employee has been paid out-of-pocket expenses only,
special leave on full pay. In any other case, the Agency Head will grant, at
the sole election of the employee, available annual leave on full pay or leave
without pay.
52.2 Witness at Court - Official
Capacity - When an employee is subpoenaed or called as a witness in an official
capacity, the employee will be regarded as being on duty. Salary and any
expenses properly and reasonably incurred by the employee in connection with
the employee’s appearance at court as a witness in an official capacity will be
paid by the Agency.
52.3 Witness at Court - Other than
in Official Capacity - Crown Witness - An employee who is subpoenaed or called
as a witness by the Crown (whether in right of the Commonwealth or in right of
any State or Territory of the Commonwealth) will:
52.3.1 Be granted, for the whole of the
period necessary to attend as such a witness, special leave on full pay; and
52.3.2 Pay into the Treasury of the
State of New South Wales all money paid to the employee under or in respect of
any such subpoena or call other than any such money so paid in respect of
reimbursement of necessary expenses properly incurred in answer to that subpoena
or call.
52.4 Association Witness - an
employee called by the Union to give evidence before an Industrial Tribunal or
in another jurisdiction will be granted special leave by the Agency for the
required period.
52.5 Called as a witness in a private
capacity - An employee who is subpoenaed or called as a witness in a private
capacity will, for the whole of the period necessary to attend as such a
witness, be granted at the staff member's election, available annual leave on
full pay or leave without pay.
52.6 Special Leave - Examinations -
52.6.1 Special leave on full pay up to
a maximum of 5 days in any one year will be granted to employees for the
purpose of attending at any examination approved by the Agency Head.
52.6.2 Special leave granted to attend
examinations will include leave for any necessary travel to or from the place
at which the examination is held.
52.6.3 If an examination for a course
of study is held during term or semester within the normal class timetable and
study time has been granted to the employee, no further leave is granted for
any examination.
52.7 Special Leave - Union
Activities - Special leave on full pay may be granted to employees who are
accredited Union delegates to undertake Union activities as provided for in
clause 57, Trade Union Activities Regarded as Special Leave of this award.
52.8 Return Home When Temporarily
Living Away from Home - Sufficient special leave will be granted to an employee
who is temporarily living away from home as a result of
work requirements. Such employee will be granted sufficient special leave once
a month before or after a weekend or a long weekend or, in the case of a shift
worker before or after rostered days off to return home to spend two days and
two nights with the family. If the employee wishes to return home more often,
such employee may be granted annual leave, extended leave to credit or leave
without pay, if the operational requirements allow.
52.9 Return Home When Transferred to
New Location - Special leave will be granted to an employee who has moved to
the new location ahead of dependants, to visit such dependants, subject to the
conditions specified in the Crown Employees (Transferred Employees
Compensation) Award.
52.10 An employee who identifies as an
Indigenous Australian will be granted up to one day special leave per year to
enable the employee to participate in the National Aborigines and Islander Day
of Commemoration Celebrations. Leave can be taken at any time during NAIDOC
week, or in the weeks leading up to and after NAIDOC week as negotiated between
the supervisor and employee.
52.11 Special Leave - Other Purposes -
Special leave on full pay may be granted to employees by the Agency Head for
such other purposes, subject to the conditions specified in the guidelines
issued by the Public Service Commissioner at the time the leave is taken.
52.12 Matters arising from domestic
violence situations.
52.12.1 When
the leave entitlements referred to in clause 53, Leave for Matters Arising from
Domestic Violence, have been exhausted, the Agency Head will grant up to five
days per calendar year to be used for absences from the workplace to attend to
matters arising from domestic violence situations.
53. Leave for Matters Arising from Domestic and
Family Violence
53.1 Domestic Violence means
domestic violence as defined in the Crimes (Domestic and Personal Violence)
Act 2007.
53.2 Full time and Part time employees
experiencing domestic violence are entitled to 20 days paid domestic and family
violence leave per calendar year (non-cumulative and able to be taken in
part-days, single days, or consecutive days). The leave is to be available for
all employees including experiencing domestic and family violence, for purposes
including:
53.2.1 seeking safe accommodation;
53.2.2 attending medical, legal police
or counselling appointments relating to their experience of domestic and family
violence;
53.2.3 attending court and other legal
proceedings relating to their experience of domestic and family violence;
53.2.4 organising alternative care or
education arrangements for their children; or
53.2.5 other related purposes that will
assist them to establish safety, and recover from their experience of domestic
and family violence; or any other purpose associated with the impact of
experiencing domestic and family violence which is impractical to do outside of
their normal hours of work
53.3 The leave entitlement can be
accessed without the need to exhaust other existing leave entitlements first.
53.4 The leave does not have to be
approved before an employee can access the leave, but an employee should advise
their employer as soon as possible of the need to take such leave.
53.5 When approving leave, Venues
NSW needs to be satisfied, on reasonable grounds, that domestic and family
violence has occurred, and may require proof such as:
53.5.1 a document issued by the Police
Force, a court, a domestic violence support service or a member of the legal profession;
53.5.2 a provisional, interim or final
Apprehended Violence Order (AVO), certificate of conviction or family law injunction;
53.5.3 a medical certificate.
53.5.4 a statutory declaration by the
employee experiencing domestic and family violence, or any other evidence that
would satisfy a reasonable person that domestic and family violence has
occurred
53.6 Casual employees will also be
entitled to domestic and family violence leave. A casual employee can take a
period of paid domestic and family violence leave for the hours for which the
casual employee has an approved roster for work. In this circumstance, the
employer is not required to pay the casual employee for hours that the casual
employee had not been approved to work.
53.7 A casual employee is taken to
have been rostered to work hours in a period if they have accepted an offer by
the employer of work for those hours.
54. Disputes Procedure
54.1 All grievances and disputes
relating to the provisions of this award will initially be dealt with as close
to the source as possible, with graduated steps for further attempts at
resolution at higher levels of authority within the appropriate Agency, if required.
54.2 An
employee is required to notify in writing their immediate manager, as to the
substance of the grievance, dispute or difficulty, request a meeting to discuss
the matter, and if possible, state the remedy sought.
54.3 Where the grievance or dispute
involves confidential or other sensitive material (including issues of
harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the employee to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Agency Head or delegate.
54.4 The immediate
manager, or other appropriate employee, will convene a meeting in order to resolve the grievance, dispute or difficulty
within two (2) working days, or as soon as practicable, of the matter being
brought to attention.
54.5 If the matter remains
unresolved with the immediate manager, the employee may request to meet the
appropriate person at the next level of management in order
to resolve the matter. This manager will respond within two (2) working
days, or as soon as practicable. The employee may pursue the sequence of
reference to successive levels of management until the matter is referred to
the Agency Head.
54.6 If the matter remains
unresolved, the Agency Head will provide a written response to the employee and
any other party involved in the grievance, dispute or difficulty, concerning
action to be taken, or the reason for not taking action,
in relation to the matter.
54.7 The Agency Head may refer the
matter to the Industrial Relations Secretary for consideration.
54.8 An employee, at any stage, may
request to be represented by the relevant Union.
54.9 The employee or the Union on
their behalf or the Agency Head may refer the matter to the New South Wales
Industrial Relations Commission if the matter is unresolved following the use
of these procedures.
54.10 The employee, Unions, and the Agency
will agree to be bound by any order or determination by the New South Wales
Industrial Relations Commission in relation to the dispute.
54.11 Whilst the procedures outlined
in subclauses 54.1 to 54.9 of this clause are being followed, normal work
undertaken prior to notification of the dispute or difficulty will continue
unless otherwise agreed between the parties, or, in the case involving work
health and safety, if practicable, normal work will proceed in a manner which
avoids any risk to the health and safety of any employee or member of the
public.
55. Anti-Discrimination
55.1 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 status, disability,
sexuality, transgender identity, age and responsibilities as a carer.
55.2 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. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
55.3 Under the Anti-Discrimination Act 1977, it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
55.4 Nothing in
this clause is to be taken to affect:
55.4.1 Any conduct or act which is
specifically exempted from anti-discrimination legislation;
55.4.2 Offering or providing junior
rates of pay to persons under 21 years of age;
55.4.3 Any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
55.4.4 A party to this award from
pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
55.5 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.
55.5.1 Employers and employees may also
be subject to Commonwealth anti-discrimination legislation.
55.6 Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects...
any other act or practice of a body established to propagate religion that
conforms to the doctrines of that religion or is necessary to avoid injury to
the religious susceptibilities of the adherents of that religion."
56. Trade Union Activities Regarded as on Duty
56.1 A Union delegate will be
released from the performance of normal Agency duty when required to undertake
any of the activities specified below. While undertaking such activities the
Union delegate will be regarded as being on duty and will not be required to
apply for leave:
56.1.1 Attendance at meetings of the
workplace's Work Health and Safety Committee and participation in all official
activities relating to the functions and responsibilities of elected Work
Health and Safety Committee members at a place of work as provided for in the Work Health and Safety Act 2011 and the
Work Health and Safety Regulation 2017.
56.1.2 Attendance at meetings with
workplace management or workplace management representatives;
56.1.3 A reasonable period of
preparation time, before-
(a) Meetings with management;
(b) Disciplinary or grievance
meetings when a Union member requires the presence of a Union delegate; and
(c) Any other meeting with
management,
by agreement with management,
where operational requirements allow the taking of such time;
56.1.4 Giving evidence in court on
behalf of the employer;
56.1.5 Presenting information on the Union
and Union activities at induction sessions for new employees of the Agency; and
56.1.6 Distributing official Union
publications or other authorised material at the workplace, provided that a
minimum of 24 hours' notice is given to workplace management, unless otherwise
agreed between the parties. Distribution time is to be kept to a minimum and is
to be undertaken at a time convenient to the workplace.
57. Trade Union Activities Regarded as Special
Leave
57.1 The granting of special leave
with pay will apply to the following activities undertaken by a Union delegate,
as specified below:
57.1.1 Annual or biennial conferences
of the Union;
57.1.2 Meetings of the Union’s
Executive, Committee of Management or Councils;
57.1.3 Annual conference of the Unions
NSW and the biennial Congress of the Australian Council of Trade Unions;
57.1.4 Attendance at meetings called by
the Unions NSW involving the Union which requires attendance of a delegate;
57.1.5 Attendance at meetings called by
the Secretary, as the employer for industrial purposes, as and when required;
57.1.6 Giving evidence before an
Industrial Tribunal as a witness for the Union;
57.1.7 Reasonable travelling time to
and from conferences or meetings to which the provisions of clauses 56, 57 and
58 apply.
58. Trade Union Training Courses
58.1 The following training courses
will attract the grant of special leave as specified below:
58.1.1 Accredited Work Health and Safety
(WHS) courses and any other accredited WHS training for WHS Committee members.
The provider(s) of accredited WHS training courses and the conditions on which
special leave for such courses will be granted, will be negotiated between the
Agency Head and the Union.
58.1.2 Courses organised and conducted
by the Trade Union Education Foundation or by the Union or a training provider
nominated by the Union. A maximum of 12 working days in any period of 2 years
applies to this training and is subject to:
(a) The operating requirements of
the workplace permitting the grant of leave and the absence not requiring
employment of relief staff;
(b) Payment being at the base
rate, i.e. excluding extraneous payments such as overtime, etc.;
(c) All travelling and associated
expenses being met by the employee or the Union;
(d) Attendance being confirmed in
writing by the Union or a nominated training provider.
59. Conditions Applying to on Loan Arrangements
59.1 Subject to the operational
requirements of the workplace, on loan arrangements will apply to the following
activities:
59.1.1 Meetings interstate or in NSW of
a Federal nature to which a Union member has been nominated or elected by the
Union:
(a) As an Executive Member; or
(b) A member of a Federal
Council; or
(c) Vocational or industry
committee.
59.1.2 Briefing counsel on behalf of
the Union;
59.1.3 Assisting Union officials with preparation
of cases or any other activity outside their normal workplace at which the
delegate is required to represent the interests of the Union;
59.1.4 Country tours undertaken by a
member of the executive or Council of the Union;
59.1.5 Taking up of full-time duties
with the Union if elected to the office of President, General Secretary or to
another full-time position with the Union.
59.1.6 Financial Arrangements - The
following financial arrangements apply to the occasions when an employee is
placed "on loan" to the Union:
(a) The Agency will continue to
pay the delegate or an authorised Union representative whose services are on
loan to the Union;
(b) The Agency will seek
reimbursement from the Union at regular intervals of all salary and associated
on costs, including superannuation, as specified by the NSW Treasury from time
to time;
(c) Agreement with the Union on
the financial arrangements must be reached before the on loan
arrangement commences and must be documented in a manner negotiated between the
Agency Head and the Union.
59.1.7 Recognition of "on
loan" arrangement as service - On loan arrangements negotiated in terms of
this clause are to be regarded as service for the accrual of all leave and for
incremental progression.
59.1.8 Limitation - On loan
arrangements may apply to full-time or part-time employees and are to be kept
to the minimum time required. Where the Union needs to extend an on loan arrangement, the Union will approach the Agency Head
in writing for an extension of time well in advance of the expiration of the
current period of on loan arrangement.
59.1.9 Where the Head and the Union
cannot agree on the on loan arrangement, the matter is
to be referred to the Industrial Relations Secretary for determination after
consultation with the Agency Head and the Union.
60. Period of Notice for Trade Union Activities
60.1 The Agency Head must be notified
in writing by the Union or, where appropriate, by the accredited delegate as
soon as the date and/or time of the meeting, conference or other accredited
activity is known.
61. Access to Facilities by Trade Union Delegates
61.1 The workplace will provide
accredited delegates with reasonable access to the following facilities for
authorised Union activities:
61.1.1 Telephone, facsimile and, where
available, E-mail facilities;
61.1.2 A notice board for material
authorised by the Union or access to staff notice boards for material
authorised by the Union;
61.1.3 Workplace conference or meeting
facilities, where available, for meetings with member(s), as negotiated between
local management and the Union.
62. Responsibilities of the Trade Union Delegate
62.1 Responsibilities of the Union
delegate are to:
62.1.1 Establish accreditation as a
delegate with the Union and provide proof of accreditation to the workplace;
62.1.2 Participate in the workplace
consultative processes, as appropriate;
62.1.3 Follow the dispute settling
procedure applicable in the workplace;
62.1.4 Provide sufficient notice to the
immediate supervisor of any proposed absence on authorised Union business;
62.1.5 Account for all time spent on
authorised Union business;
62.1.6 When special leave is required,
to apply for special leave in advance;
62.1.7 Distribute Union
literature/membership forms, under local arrangements negotiated between the
Agency Head and the Union; and
62.1.8 Use any facilities provided by
the workplace properly and reasonably as negotiated at organisational level.
63. Responsibilities of the Trade Union
63.1 Responsibilities of the Union
are to:
63.1.1 Provide written advice to the
Agency Head about a Union activity to be undertaken by an accredited delegate
and, if requested, to provide written confirmation to the workplace management
of the delegate's attendance/participation in the activity;
63.1.2 Meet all travelling,
accommodation and any other costs incurred by the accredited delegate, except
as provided in paragraph 64.1.3 of clause 64, Responsibilities of Workplace
Management, of this award;
63.1.3 Pay promptly any monies owing to
the workplace under a negotiated on loan arrangement;
63.1.4 Provide proof of identity when
visiting a workplace in an official capacity, if requested to do so by management;
63.1.5 Apply to the Agency Head well in
advance of any proposed extension to the "on loan" arrangement;
63.1.6 Assist the workplace management
in ensuring that time taken by the Union delegate is accounted for and any
facilities provided by the employer are used reasonably and properly; and
63.1.7 Advise employer of any leave
taken by the Union delegate during the on loan
arrangement.
64. Responsibilities of Workplace Management
64.1 Where time is required for
Union activities in accordance with this clause the responsibilities of the
workplace management are to:
64.1.1 Release the accredited delegate
from duty for the duration of the Union activity, as appropriate, and, where
necessary, to allow for sufficient travelling time during the ordinary working hours;
64.1.2 Advise the workplace delegate of
the date of the next induction session for new employees in sufficient time to
enable the Union to arrange representation at the session;
64.1.3 Meet the travel and/or
accommodation costs properly and reasonably incurred in respect of meetings
called by the workplace management;
64.1.4 Where possible, to provide
relief in the role occupied by the delegate in the workplace, while the
delegate is undertaking Union responsibilities to assist with the business of
workplace management;
64.1.5 Re-credit any other leave
applied for on the day to which special leave or release from duty subsequently
applies;
64.1.6 Where a Union activity provided
under this clause needs to be undertaken on the Union delegate's rostered day
off to apply the provisions of paragraph 64.1.5 of this clause;
64.1.7 To continue to pay salary during
an "on loan" arrangement negotiated with the Union and to obtain
reimbursement of salary and on-costs from the Union at regular intervals, or as
otherwise agreed between the parties if long term arrangements apply;
64.1.8 To verify with the Union the
time spent by a Union delegate or delegates on Union business, if required; and
64.1.9 If the time and/or the
facilities allowed for Union activities are thought to be used unreasonably
and/or improperly, to consult with the Union before taking any remedial action.
65. Right of Entry Provisions
65.1 The right of entry provisions
will be as prescribed under the Work
Health and Safety Act 2011 and the Industrial
Relations Act 1996.
66. Travelling and Other Costs of Trade Union
Delegates
66.1 Except as specified in
paragraph 64.1.3 of clause 64, Responsibilities of Workplace Management of this
award, all travel and other costs incurred by accredited Union delegates in the course of Union activities will be paid by the Union.
66.2 In respect of meetings called
by the workplace management in terms of paragraph 64.1.3 of clause 64,
Responsibilities of Workplace Management, of this award, the payment of travel
and/or accommodation costs, properly and reasonably incurred, is to be made, as
appropriate.
66.3 No overtime, leave in lieu or
any other additional costs will be claimable by an employee from the Agency or
the Secretary, in respect of Union activities covered by special leave or on
duty activities provided for in this clause.
66.4 The on loan
arrangements will apply strictly as negotiated and no extra claims in respect
of the period of on loan will be made on the Agency by the Union or the
employee.
67. Industrial Action
67.1 Provisions of the Industrial Relations Act 1996 will apply
to the right of Union members to take lawful industrial action (Note the
obligations of the parties under clause 54, Dispute Procedure).
67.2 There will be no victimisation
of employees prior to, during or following such industrial action.
68. Consultation and Technological Change
68.1 There will be effective means
of consultation, as set out in the Consultative Arrangements Policy and
Guidelines document, on matters of mutual interest and concern, both formal and
informal, between management and Union.
68.2 The Agency management will
consult with the Union prior to the introduction of any technological change.
69. Deduction of Trade Union Membership Fees
69.1 At the employee’s election, the
Agency Head will provide for the employee’s Union membership fees to be
deducted from the employee’s pay and ensure that such fees are transmitted to
the employee’s Union at regular intervals. Alternative arrangements for the
deduction of Union membership fees may be negotiated between the Agency Head
and the Union.
70. Review of Allowances Payable in Terms of This
Award
70.1 Adjustment of Allowances -
Allowances contained in this award will be reviewed as follows:
70.1.1 Allowances listed in this
paragraph will be determined at a level consistent with the reasonable
allowances amounts for the appropriate income year as published by the
Australian Taxation Office (ATO):
(a) Clause 36, Overtime Meal
Allowances, for breakfast, lunch and dinner.
70.1.2 Allowances listed in this
paragraph will be determined and become effective from 1 July each year at a
level consistent with the reasonable allowances amounts as published at or
before that time by the Australian Taxation Office (ATO):
(a) Clause 19, Allowances Payable
for the Use of Private Motor Vehicle.
70.1.3 Allowances payable in terms of
clauses listed in this paragraph will be adjusted on 1 July each year in line
with the increases in the Consumer Price Index for Sydney during the preceding
year (March quarter figures):
(a) Clause 39, Uniforms and
Protective Clothing
(b) Clause 36, Overtime Meal
Allowances, for supper.
70.1.4 Allowances payable in terms of
clauses listed in this paragraph will continue to be subject to a percentage
increase under an Award, Agreement or Determination and will be adjusted on and
from the date or pay period the percentage increase takes effect:
(a) Clause 18, First Aid Allowance;
(b) Clause 38, On-Call (Stand-by)
and On-Call Allowance.
ANNEXURE A
SALARIES
Table 1.1
- Ongoing and Temporary Employees, Non-Annualised Salary
Annual rate of pay for a week not exceeding 38
ordinary hours.
Promotion to a Level and from Level to Level is
subject to the occurrence of a vacancy in such level with the
exception of progression from Level 1 to Level 2.
Increases are effective from the beginning of the
first pay period to commence on or after the dates in the column headings
Level
Venues
Officer
|
Step
|
Salary Per Annum
As at 3 February 2023
|
Salary Per Annum
As at 1 July 2023
(1.00%
interim increase was applied to
all classifications)
|
Salary Per Annum
From 7 February 2024 to 30 June 2024
+1.22% (Pro rata of 3% through to 30 June 2024)
|
|
|
$
|
$
|
$
|
1
|
1
|
46,197
|
46,659
|
47,228
|
2
|
1
|
48,065
|
48,546
|
49,138
|
|
2
|
48,655
|
49,142
|
49,742
|
|
3
|
50,236
|
50,738
|
51,357
|
3
|
1
|
51,702
|
52,219
|
52,856
|
|
2
|
53,080
|
53,611
|
54,265
|
|
3
|
55,538
|
56,093
|
56,777
|
4
|
1
|
56,417
|
56,981
|
57,676
|
|
2
|
58,486
|
59,071
|
59,792
|
|
3
|
60,938
|
61,547
|
62,298
|
5
|
1
|
67,598
|
68,274
|
69,107
|
|
2
|
70,926
|
71,635
|
72,509
|
|
3
|
74,254
|
74,997
|
75,912
|
6
|
1
|
77,428
|
78,202
|
79,156
|
|
2
|
80,601
|
81,407
|
82,400
|
|
3
|
84,642
|
85,488
|
86,531
|
7
|
1
|
88,463
|
89,348
|
90,438
|
|
2
|
91,905
|
92,824
|
93,956
|
|
3
|
95,346
|
96,300
|
97,475
|
*A Level 1 Venues Officer will be a casual employee
only and will undertake either on the job or off the job structured training to
reach a satisfactory standard of performance for engagement in a Casual Level 2
role. At the conclusion of 380 hours employment at Level 1 the employee will
progress to Level 2, subject to satisfactory performance of duties and
completion of structured training. An employee who hasn’t reached the standard
of performance required for progression to Level 2, will be counselled and may
be provided appropriate additional training as a Level 1 employee for a maximum
of a further 152 hours if work is available. After such additional period the
employee will not be offered any further casual employment or, if performance
of duties is deemed to be of a satisfactory standard future
casual engagements will be renumerated at Level 2.
Junior
Rates
Employees engaged as weekly employees or as casuals under the provisions
of Table 1.1 or Table 1.2, who are less than 18 years
of age will be paid according to the following scale:
Under 17 years of age - 80% of
the appropriate rate.
Under 18 years but more than 17
years - 90% in the appropriate rate.
18 years and older - 100% of the
appropriate rate.
Table 1.2
- Annualised Salaried Employees
Employees engaged under annualised salary packages
for all incidents of work under clause 15 this award.
Promotion to a Level and from Level to Level is
subject to the occurrence of a vacancy in such level.
Level 8 and Level 9 employees will be paid a salary
in accordance with the employee’s relevant level and within the salary range as set out
in Table 1.2, as per clause 15, Annualised Salary, of
this award.
Increases are effective from the beginning of the
first pay period to commence on or after the dates in the column headings.
Level
Venues Officer
|
Step
|
Salary Per Annum
As at 3 February 2023
|
Salary Per Annum
As at 1 July
2023
(1.00% interim increase
was applied to all classifications)
|
Salary Per Annum
From 7 February 2024 to 30 June 2024 +1.22%
(Pro rata of 3% through
to 30 June 2024)
|
|
|
$
|
$
|
$
|
1
|
|
|
|
|
2
|
1
|
60,481
|
61,086
|
61,831
|
|
2
|
61,223
|
61,835
|
62,589
|
|
3
|
63,575
|
64,211
|
64,994
|
3
|
1
|
65,058
|
65,709
|
66,511
|
|
2
|
66,791
|
67,459
|
68,282
|
|
3
|
69,883
|
70,582
|
71,443
|
4
|
1
|
70,995
|
71,705
|
72,580
|
|
2
|
73,592
|
74,328
|
75,235
|
|
3
|
76,685
|
77,452
|
78,397
|
5
|
1
|
85,061
|
85,912
|
86,960
|
|
2
|
89,248
|
90,141
|
91,241
|
|
3
|
93,438
|
94,372
|
95,523
|
6
|
1
|
97,430
|
98,404
|
99,605
|
|
2
|
101,422
|
102,436
|
103,686
|
|
3
|
106,368
|
107,432
|
108,743
|
7
|
1
|
111,314
|
112,427
|
113,799
|
|
2
|
115,644
|
116,800
|
118,225
|
|
3
|
119,974
|
121,174
|
122,652
|
8
|
Pay Point Min
|
125,033
|
126,283
|
127,824
|
|
Pay Point Max
|
134,203
|
135,545
|
137,199
|
9
|
Pay Point Min
|
138,924
|
140,313
|
142,025
|
|
Pay Point Max
|
157,679
|
159,256
|
161,199
|
ANNEXURE B
ALLOWANCES
Item No.
|
Clause No
|
Description
|
Amount Per Annum
$
|
1
|
18.1
|
First Aid Allowance
|
|
|
|
Holders of basic
qualifications
|
1,018
|
|
|
Holders of current occupational first aid
certificate
|
1,529
|
|
|
|
|
2
|
|
Use of Private
Motor Vehicle
|
Cents per Kilometre
|
|
19.2
|
Official business
|
85.0
|
|
19.2
|
Casual rate (40%
of official business rate)
|
34.0
|
|
|
Motor cycle allowance
|
42.5
|
|
19.7
|
Towing trailer or horse float
|
11.05
|
|
|
|
|
3
|
36.1
|
Overtime meal allowances
|
|
|
|
Breakfast
|
35.65
|
|
|
Lunch
|
35.65
|
|
|
Dinner
|
35.65
|
|
|
Supper
|
13.30
|
|
|
|
|
4
|
38.1
|
On-call (stand-by) and on-call allowance
|
1.10 per hour
|
5
|
39.2
|
Laundry allowance
|
5.80 per week
|
ANNEXURE C
CLASSIFICATION
STANDARDS
Employees will perform all duties required by Venues NSW
within their skill and competence, to ensure the elimination of demarcation
barriers preventing an employee from performing the whole job. At times, these
duties may require an employee to perform tasks incidental to their normal
activities in order to ensure events are staged in the
most cost-efficient manner possible.
Promotion from Level to Level is subject to the occurrence
of a vacancy in a higher level with the exception of
progression of a casual employee from Level 1 to Level 2. In addition to any
open vacancy, an employee at any level may make a request for a review of their
salary level once a year as part of the Venues NSW annual performance review.
This request can be made if the employee believes their role, level of
responsibility or skill/qualifications have changed significantly enough to
warrant a review to a new salary level.
Progression within Levels 2 to 7 will be by way of
incremental progression in terms of Rule 14 of the Government Sector Employment Regulation 2014.
For Levels 8 and 9, an employee may progress within the
salary range as applicable to the level at the employer’s discretion having
regard to all relevant factors including:
the employee’s performance which
over time has significantly contributed to Venues NSW meeting its corporate
objectives and outcomes as outlined in the Agency’s business plan;
an employee’s increased competence
and effectiveness as assessed in the performance review process;
any expanding job requirements
(where a role’s responsibilities has increased but not
sufficiently to result in the role being evaluated at a higher level);
the Agency’s budget
considerations.
____________________
Printed by
the authority of the Industrial Registrar.