Crown
Employees (Home Care Service of New South Wales - Administrative Staff) Award
2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1704 of 2007)
Before Commissioner
Ritchie
|
3 March 2008
|
REVIEWED
AWARD
PART A
MACHINERY OF AWARD
1. Arrangement
Clause No. Subject Matter
PART A
MACHINERY OF AWARD
1. Arrangement
2. Title
3. Area,
Incidence and Duration
4. Definitions
5. Consultation
6. Grievance/Dispute-Settling
Procedures
PART B
EMPLOYMENT
7. Contract
of Employment
8. Part-time
Employees
9. Casual
Employees
10. Hours of
Work
11. Flexi-time
12. Redundancy
13. Deduction
of Union Membership Fees
13A. Secure
Employment
PART C
REMUNERATION
14. Salaries
15. Appointment
16. Salary
Progression
17. Classification
Committee
18. Payment of
Salaries
19. Overtime
20. Meal
Allowance
21. Higher
Duties or Relief Work
22. Travel
Allowance
23. Excess
Travel
24. Sustenance
Allowance
PART D
LEAVE PROVISIONS
25. Public
Holidays
26. Annual
Leave
27. Annual
Leave Loading
28. Long
Service Leave
29. Sick Leave
30. Family and
Community Service Leave
31. Personal/Carer's
Leave
32. Parental
Leave
33. Jury
Service
34. Study
Leave
PART E
TRAINING
35. Trade
Union Training
36. Traineeships
PART F
ANTI-DISCRIMINATION
37. Anti-Discrimination
PART G
MONETARY RATES
Table 1- Salaries
Table 2 - Other Rates and Allowances
2. Title
This award shall be known as the Crown Employees (Home Care
Service of New South Wales - Administrative Staff) Award 2007.
3. Area, Incidence
and Duration
(i) This award
shall apply to persons employed in the classifications contained in Part G,
Monetary Rates.
(ii) This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Crown Employees (Home Care Service of New South
Wales - Administrative Staff) Award 2004 published 6 May 2005 (350 I.G. 951) and all variations thereof.
(iii) The changes
made to the award pursuant to the Award Review process under section 19(6) of
the Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of New South Wales
on 28 April 1999 (310 I.G. 359) take effect on 3 March 2008.
(iv) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
4. Definitions
(i) "Administrative
Officer" means and includes all employees of the Home Care Service of New
South Wales other than those employed under the Care Worker Employees -
Department of Ageing, Disability and Home Care (State) Award 2006 and all
variations thereof.
(ii) "Employee"
means a person employed pursuant to this award.
(iii) "Employer"
means the Home Care Service of New South Wales as constituted by the Home
Care Service Act 1988.
(iv) A
"Full-time Employee" is one who is appointed to work 35 hours per
week.
(v) A
"Part-time Employee" is one who regularly works less than 70 hours
per fortnight.
(vi) A "Casual
Employee" means an employee engaged by the hour and paid as such and shall
only be used for temporary and relief purposes.
(vii) "Home
Care Service" or "Service" means the body referred to in the Home
Care Service Act 1988. The Act
provides that the Director-General of the Department of Ageing, Disability and
Home Care manages the Service.
(viii) "Trainee"
means an employee who is bound by the Crown Employees (Home Care Service of New
South Wales - Administrative Staff - Training Wage) Award 2007 undertaking an
approved traineeship under the Apprenticeship and Traineeship Act 2001.
(ix) "Union"
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
5. Consultation
The Department of Ageing, Disability and Home Care and the
Union agree to continued consultation through the Joint Consultative Committee
regarding matters affecting, but not limited to, those that are likely to have
a significant effect on employees, such as major changes to organisational
structure, programs or technology.
6. Grievance/Dispute
Settling Procedures
When a dispute arises, every effort must be made to resolve
the matter with haste and settle it by following the procedure as set out
below:
Step 1
In the first instance the issue should be discussed between
the employee(s) concerned and the Supervisor/Branch Manager. If at this stage the parties are unable to
discuss the issue, an employee may seek the intervention of a Home Care Union
delegate.
Step 2
If the issue has not been resolved within a reasonable time
period, the employee(s) or a Home Care Union delegate may approach the
Area/Section Manager to seek resolution of the dispute.
Step 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
Department head or delegate.
Step 4
The immediate Manager, or other appropriate officer, shall
convene a meeting in order to resolve the grievance, dispute or difficulty
within 2 working days, or as soon as practicable, of the matter being brought
to attention.
Step 5
Should the parties be unable to resolve the dispute as
defined in the steps above, the parties may refer the issue to their respective
representatives, i.e. the authorised delegate for Home Care and the General
Secretary of the Union or delegate for the employees of the Home Care Service.
Step 6
If the issue is not resolved by discussion between
management and the Union, either party can refer the matter to the General
Manager of the Home Care Service for resolution.
Notwithstanding the above, either party still has the option
to refer the issue to the relevant industrial tribunal for resolution.
When the dispute relates to more than one branch, the
procedure will start at Step 3.
It is agreed that work shall continue during the period of
discussion except where there is a bona fide safety matter, in which case
employees may be relocated to safe positions.
PART B
EMPLOYMENT
7. Contract of
Employment
(i) The employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this award, provided that such duties are not designed to promote
deskilling.
(ii) The employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required, provided that the employee has been properly
trained in the use of such tools and equipment.
(iii) Any direction
issued by the employer pursuant to subclauses (i) and (ii) of this clause shall
be consistent with the employer's responsibility to provide a safe and healthy
working environment.
(iv) An employee
may be engaged as full-time, part-time or casual.
(v) The engagement
of employees other than casuals shall be terminated by 2 weeks' notice on
either side to be given at any time during the week or by the payment or
forfeiture, as the case may be, of 2 weeks' wages in lieu thereof.
(vi) Notwithstanding
the provisions of this clause, the employer or its representative shall have
the right to terminate the services of an employee at any time for refusal of
duty, malingering, inefficiency, neglect of duty or misconduct and shall be
liable only for payment up to the time of dismissal.
(vii) The employment
of a casual employee may be terminated by one hour's notice.
(viii) Upon the
termination of employment, the employer shall, at the request of the employee,
give to such employee a statement signed by the employer stating the period of
employment, the class of work for which the employee was engaged and when the
employment terminated.
8. Part-Time
Employees
(i) Part-time
employees (see clause 4, Definitions) employed under this clause shall be paid
an hourly rate calculated on the basis of 1/35th of the appropriate weekly rate
prescribed by Table 1 - Salaries, of Part G, Monetary Rates, with a minimum
payment of one hour for each start.
(ii) Employees
engaged as part-time shall be granted leave and other entitlements of this
award on a pro rata basis.
9. Casual Employees
(i) Casual
employees (see clause 4, Definitions) shall receive an hourly rate of 1/35th of
the appropriate weekly rate of salary prescribed in Table 1 - Salaries, of Part
G, Monetary Rates, plus a casual loading of 15%, for all duties performed in
ordinary time on any day, Monday to Friday, inclusive. This amount shall be the ordinary hourly
rate of pay for casual employees.
(ii) The hourly
rate of pay prescribed in subclause (i) of this clause shall be calculated to
the nearest whole cent, any amount less than a half cent in the result to be
disregarded.
(iii) Casual
employees shall receive a minimum payment of one hour for each start.
10. Hours of Work
(i) The ordinary
hours of work, exclusive of meal times, shall not exceed 7 hours per day or 35
hours per week, to be worked between the hours of 8.00 a.m. and 8.00 p.m.,
Monday to Friday.
(ii) The starting
and finishing times of an employee once fixed may be altered by the employer
only following one month's notice to accommodate a change in office hours but
may be altered at any time by agreement between the employer and the employee.
(iii) Subclauses
(i) and (ii) of this clause apply except as provided for in clause 11,
Flexi-time.
(iv) The Home Care
Service may require an employee to perform duties beyond the hours determined
under this clause but only if it is reasonable for the employee 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 shall be taken into
account:
(a) the employee's
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements;
(b) any risk to
employee health and safety;
(c) 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;
(d) the notice (if
any) given by the Home Care Service regarding the working of the additional
hours and by the employee of their intention to refuse the working of
additional hours; or
(e) any other
relevant matter.
11. Flexi-Time
(i) Application
The provisions contained in
this clause apply to all permanent employees including those employed on a
part-time basis.
(ii) Bandwidth
(a) The Bandwidth
is 7.00am to 7.00pm, Monday to Friday, during which time normal work can be
undertaken, based on the conditions contained in this clause.
(b) Time worked
outside the Bandwidth will attract overtime in accordance with clause 19,
Overtime of this award.
(c) Alteration to
the Bandwidth shall be by agreement.
(iii) Credit/Debit
Hours
(a) Credit/Debit
Hours are identified as being the difference between the hours an employee has
accumulated in a four weekly period and the ordinary hours of 140.
(b) Hours in
excess of 140 are credit hours, those less than 140 hours are debit hours.
(iv) Coretime and
Standard Time
(a) Coretime is
the period during the day within Standard Hours when all employees are required
to be on duty, unless on authorised leave.
(b) Coretime shall
be set by each Work Location.
(c) Coretime shall
be of 6 hours duration, exclusive of a meal break.
(d) Standard time
shall be the hours a Work Location is normally open and operating and shall be
set by Central Office.
(v) Lunch and Meal
Breaks
(a) Approval may
be sought for a Work Location to have a flexible lunch period. The minimum lunch period shall be a half
hour. Under normal circumstances the maximum lunch period shall be one hour.
(b) Lunch periods
in excess of one hour shall be determined in consultation with the Authorising
Officer, ensuring that such an extension does not prevent the proper
functioning of the Section to which the employee is attached.
(c) An employee
shall not be required to be on duty for more than 5 ordinary hours from the
time of commencement without a break.
(vi) Accumulation
and Carry Over
(a) An employee
may accumulate credit or debit hours throughout a period, provided that at the
end of the period the number of credit hours carried forward does not exceed 14
hours and any debit hours carried forward does not exceed 10 hours.
(b) Where an
employee's accumulation of credit hours at the end of a period exceeds 14 hours
the excess hours shall be forfeited.
(c) Authorising
Officers shall make every effort to ensure that an employee does not
consistently forfeit excess credit hours at the conclusion of periods as a
result of requests for flexileave being refused.
(d) Where an
employee's accumulation of debit hours at the end of a period exceeds 10 hours,
the excess hours accumulated shall be taken as annual leave where available or
leave without pay where no annual leave exists.
(vii) Flexileave
(a) An employee
may take off in core time a maximum of one (2) full day or two (4) half-days at
any time during a period. A half-day is
three and a half hours for full-time employees and half the normal hours worked
for part-time employees.
(b) It is not
necessary for an employee to have a credit balance when taking flexileave.
(c) Flexileave may
be taken immediately before or after annual leave.
(d) Flexileave
cannot be taken during any period of leave.
(e) Flexileave may
not be taken at the end of a period of leave without pay.
(f) An employee
must obtain the approval of the supervisor prior to proceeding on flexileave.
(viii) Disruption of
transport
(a) Notwithstanding
any other provision contained in this clause, where an employee encounters a
disruption to the mode of transport normally used in travelling from the
employee's place of residence to place of employment and such disruption is
caused by a transport strike or other extraordinary condition the following
conditions shall apply:
(1) The employee
may commence duty at any time and where the disruption continues throughout the
day, may cease duty at any time.
(2) An employee
affected by such a disruption will not be debited annual leave if the employee
commences duty after the beginning of coretime. Time worked on such days will
accumulate in the normal way.
(3) The employee
may elect to take off the full day as flexileave where the disruption is
reasonably likely to continue throughout the day.
(4) Flexileave
taken during such disruptions shall be recorded as over and above the normal
flexileave to which the employee is entitled under this clause.
(b) Flexileave
taken under these conditions shall be at the discretion of the Authorising
Officer, provided that all relevant circumstances are considered, including:
(1) The delayed
employee's usual time of arrival at the employee's place of employment.
(2) Where the
disruption was foreseeable, the employee made reasonable attempts to arrive at
the place of employment prior to the commencement of coretime.
(ix) Travelling on
official business
(a) Any travel on
official business during the bandwidth on a working day shall be treated as
time worked for the purposes of this clause and in accordance with all other
provisions of this award.
(b) Employees
shall be compensated for travelling time outside the standard hours in
accordance with clause 23, Excess Travel of this award.
(x) Transfer to
other Work Locations
(a) An employee
transferred from one location to another shall carry credit or debit hours to
the new location.
(b) Work Locations
shall ensure that details of a transferred employee's debit or credit hours are
conveyed to the new Work Location at the time of transfer.
(c) An employee
relieving in another Work Location shall comply with the approved Bandwidth and
Coretime applying in that office, branch or section.
(xi) Termination of
Service
(a) Where an
employee gives notice of resignation or retirement the employee shall, during
the period of notice, take all reasonable steps to eliminate any accumulated
credit or debit hours.
(b) Work Locations
shall, as far as practicable, facilitate the elimination of accumulated credit
or debit hours by such employees.
(c) Where an
employee has an accumulation of debit hours at the completion of the last day
of service, the accumulated annual leave or moneys owing to that employee shall
be adjusted accordingly.
(d) An employee
may receive compensation for accumulated credit hours to 14 hours outstanding
on the last day of service:
(1) Where an
employee's services terminate without notice for reasons other than misconduct.
(2) Where an
application for a period of flexileave which would have eliminated the
accumulated credit hours was made pursuant to this clause during the period of
notice or resignation and was refused.
(3) In such other
circumstances as the Authorising Officer may approve.
(xii) Variations
The provisions of this clause shall not be altered
without the consent of both parties. Provided that failure to reach mutual
consent shall not prevent either party from seeking the assistance of the
Industrial Relations Commission of NSW.
12. Redundancy
Employees whose positions are made redundant and are declared
by the employer to be excess to the needs of the organisation shall be managed
in accordance with the Government’s policy on Managing Displaced Employees, as
varied from time to time.
13. Deduction of
Union Membership Fees
(i) The Union
shall provide the employer with a schedule setting out Union membership fees payable by members of
the Union in accordance with the Union’s rules.
(ii) The Union
shall advise the employer of any change to the amount of membership fees made
under its rules. Any variation to the
schedule of Union membership fees payable shall be provided to the employer at
least one month in advance of the variation taking place.
(iii) Subject to
subclauses (i) and (ii) of this clause, the employer shall deduct Union
membership fees from the salary of any employee who is a member of the Union in
accordance with the Union’s rules, provided that the employee has authorised
the employer to make such deductions.
(iv) Moneys so
deducted from employees’ salary shall be forwarded regularly to the Union
together with all necessary information to enable the Union to reconcile and
credit subscriptions to employees’ Union membership accounts.
13A. Secure
Employment
(i) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(ii) Casual
Conversion
(a) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(b) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this subclause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(c) Any casual
employee who has a right to elect under paragraph (ii)(a), upon receiving
notice under paragraph (ii)(b) or after the expiry of the time for giving such
notice, may give four weeks’ notice in writing to the employer that he or she
seeks to elect to convert his or her ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the employer shall consent to or refuse the election,
but shall not unreasonably so refuse. Where an employer refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
employee concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(d) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(e) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(f) If a casual
employee has elected to have his or her contract of employment converted to full-time
or part-time employment in accordance with paragraph (ii)(c), the employer and
employee shall, in accordance with this paragraph, and subject to paragraph
(ii)(c), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is
agreed that the employee will become a part-time employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this award pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act
1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(g) Following an
agreement being reached pursuant to paragraph (f), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(h) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(iii) Occupational
Health and Safety
(a) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(b) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(c) Nothing in
this subclause (iii) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(iv) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(v) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
PART C
REMUNERATION
14. Salaries
(i) Employees
will be appointed to one of the grades as outlined in Table 1 - Salaries, of
Part G, Monetary Rates.
(ii) Should there
be a variation to the Crown Employees (Public Sector - Salaries 2007) Award, or
an award replacing it by way of salary increase, this award shall be varied to
give effect to any such salary increase, from the same operative date of the
variation of that award, or replacement award, excluding trainees as provided
by subclause (iii) of this clause.
(iii) Trainees
appointed under the provisions of clause 36, Traineeships, will be appointed to
an applicable rate of pay as outlined in the Crown Employees (Home Care Service
of New South Wales - Administrative Staff - Training Wage) Award 2007 or an
award replacing it.
15. Appointment
(i) Except as
provided in subclause (ii) of this clause, employees will be appointed to the
first salary point in the grade range of the position to which they are
appointed.
(ii) The employer
may appoint a person to a higher salary level within the grade range. In determining commencing salary, regard
must be given to:
(a) the person’s
skills, experience and qualifications;
(b) the rate
required to attract the person; and
(c) the
remuneration of existing employees performing similar work.
16. Salary Progression
Progression within each grade range will be by annual
increment, provided that the manager is satisfied with the conduct and manner
of performance of duties of the employee concerned.
17. Classification
Committee
At the initiative of the employer, or at the request of the
Union, a Classification Committee comprised of representatives of the employer,
employees and the Union shall be convened to evaluate positions and make
recommendations to the Executive Director Home Care Service of NSW about the
classification and grading of positions under this award.
18. Payment of
Salaries
(i) All salaries
shall be paid fortnightly not later than Thursday in each pay week.
(ii) Salaries
shall be paid by deposit to nominated financial institutions, unless otherwise
agreed between the employer and the employee.
(iii) The employer
shall provide to each employee a method for recording the hours worked each day
which shall be verified by the employee.
(iv) Before or at
the time of payment of salaries each employee shall be issued with a docket or
pay envelope showing the date of payment, period covered by such payment, the
amount of salary paid for work at ordinary rate, the amount of salary for
overtime, the amount of allowances, the amount and nature of any deduction and
any annual leave or other leave payments.
19. Overtime
(i) For all work
directed to be performed outside the ordinary hours of work, the rates of pay
shall be time and a half for the first 2 hours and double time thereafter, such
double time to continue until the completion of the overtime work.
An employee who is directed to work overtime may elect
to take leave in lieu of payment for all or part of his/her entitlement in
respect of the time so worked, provided that:
(a) Leave in lieu
of payment shall be taken at the convenience of the Home Care Service.
(b) The maximum
period of leave in lieu that may be taken in respect of any one period of
overtime worked shall be one day.
(c) Any period of
leave in excess of one day shall be paid by the employer at the appropriate
rate.
(ii) For the
purpose of this clause each day shall stand alone.
(iii) Provided that
employees whose positions are graded at Grade 14 Step 1 and above shall be
paid, under the provisions of this clause, overtime based on the ordinary rate
of pay for Grade 13 Step 2 as contained in Table 1 - Salaries, of Part G,
Monetary Rates.
(iv) An employee
may be directed by the employer 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 shall be taken into account:
(a) the employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements;
(b) any risk to
employee health and safety;
(c) 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;
(d) the notice (if
any) given by the employer regarding the working of the overtime, and by the
employee of their intention to refuse overtime; or any other relevant matter.
20. Meal Allowance
An employee required to work overtime for more than 2 hours,
without being notified on the previous day or earlier that he/she will be so
required to work, shall be paid for the purchase of a meal.
Provided that the amount paid shall be equal to the overtime
meal allowance as determined by the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2006 and as advised by the Public Employment
Office.
21. Higher Duties Or
Relief Work
(i) An employee,
when called upon by the employer to perform work of a classification paid at a
higher grade, shall be paid at the higher grade rate of pay for the time so
spent.
(ii) No employee
shall suffer a reduction in salary by reason of relieving in a classification
paid at a lower grade.
22. Travel Allowance
(i) Where an
employee is required to use his/her motor vehicle on official business, he/she
shall be paid at a rate per kilometre as set out Item 1 of Table 2 - Other
Rates and Allowances, of Part G, Monetary Rates.
(ii) The allowance
is to be increased at the relative percentage rate to increases as determined
by the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2006 and as advised by the Director of Public Employment.
(iii) Travel from
the employee's home to the work location and return shall be excluded.
(iv) Where an
employee is required to use public transport for travel on official business,
such employee is to be reimbursed the actual expenses incurred for such travel.
No payment shall be made under subclauses (i) and (ii)
of this clause unless the employer is satisfied that the employee has incurred
the expenditure for such travel.
23. Excess Travel
(i) Excess travel
is defined as any travel or waiting time outside the ordinary hours of work, as
defined in clause 10, Hours of Work, and subject to the provisions of this
clause.
(ii) Excess travel
shall be paid at the single, ordinary rate of pay or an employee may elect to
take leave in lieu of such payment.
(iii) The hours of
excess travel shall not be regarded as work time for the purposes of leave and
other entitlements found in this award or other understandings or agreements
reached by the parties to this award.
(iv) No payment
shall be made under this clause unless the employer is satisfied the excess
travel or waiting time was directed or approved.
24. Sustenance
Allowance
(i) Employees who
are required to perform duties at a temporary work location necessitating the
employee being away from home overnight shall be paid an allowance for the
expenses incurred at the rate as set out in Table 2 - Other Rates and
Allowances, of Part G, Monetary Rates.
Sustenance rates contained in Table 2 include: Item 2 (Capital City -
Sydney), Item 3 (Tier 1 Country Centre), Item 4 (Tier 2 Country Centre) and
Item 5 (Other Country Centres) or an amount equivalent to the actual necessary
expense for accommodation and meals (excluding morning and afternoon tea).
(ii) The
sustenance allowance is to be increased in accordance with the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006 and as advised by
the Director of Public Employment.
PART D
LEAVE PROVISIONS
25. Public Holidays
(i) The days on
which the following holidays are observed shall be holidays under this award:
New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day and the
picnic day of the Home Care Service to be held on the first Monday of August
each year or on a day determined by the employer.
(ii) Where in the
State an additional holiday is proclaimed or gazetted by the Commonwealth
or New South Wales State Government and
is to be observed generally by persons throughout the State, then such day
shall be deemed to be a holiday for the purposes of this award.
(iii) Employees
directed to work on any of the days prescribed in subclause (i) of this clause
shall be paid 150% in addition to ordinary rates for the time so worked.
26. Annual Leave
See Annual Holidays Act 1944.
27. Annual Leave
Loading
(i) Employees,
other than casual employees, shall be entitled to an annual leave loading based
on the equivalent of 17½% of 4 weeks' ordinary pay.
(ii) Annual leave
loading shall be paid when leave due is taken.
(iii) Annual leave
loading shall not apply to proportionate leave on termination.
28. Long Service
Leave
(i) Employees
accrue long service leave in accordance with the provisions of the Long
Service Leave Act 1955. Long
service leave may be taken at full pay or half pay; or at double pay in
accordance with subclause (iv) of this clause.
(ii) Long Service
Leave entitlement after 7 years service -employees with 7 years or more service
will be entitled to take (or be paid out on resignation) long service leave in
the usual manner. The quantum of leave
available is that which would have applied if pro rata leave were granted. No repayment will be required if an employee
does not reach 10 years service.
(iii) Long Service
Leave entitlement after 5 years service but less than 7 years service - If the
employer terminates employment for reasons other than serious and intentional
misconduct, or, an employee leaves on account of illness, incapacity or
domestic or other pressing necessity, the employee is entitled to 1 month’s
long service leave for 5 years service plus a pro-rata rate for service of
between 6 and 7 years.
(iv) Long Service
Leave on Double Pay - An employee with an entitlement to long service leave may
elect to take leave at double pay. The
additional payment will be made as a taxable allowance payable for the period
of the absence from work. The
employee’s leave balance will be debited for the actual period of the absence
from work and an equivalent number of days as are necessary to pay the
allowance. Other leave entitlements, eg
recreation leave, sick leave and long service leave will accrue at the single
time rate where an employee takes long service leave at double time. Superannuation contributions will only be
made on the basis of the actual absence from work, ie at the single time rate,
except for employees who are members of the First State Super Fund or similar
accumulation superannuation fund who will have their superannuation
contributions calculated on the double time rate. Where an employee elects to take long service leave at double
pay, in most cases a minimum period of absence of one week should be taken, ie
one week leave utilising two weeks of accrued leave.
(v) Public
holidays that fall whilst an employee is on a period of long service leave will
be paid and not debited from the employee’s long service leave
entitlement. In respect of public
holidays that fall during a period of double pay long service leave an employee
will not be debited in respect of the leave on a public holiday. The employee’s leave balance will however be
reduced by an additional day to fund the taxable allowance.
29. Sick Leave
An employee, other than a casual employee, who is unable to
attend for duty during his or her ordinary working hours by reason of personal
illness or incapacity not due to his or her own serious or wilful misconduct
shall be entitled to be paid at the ordinary-time rates of pay for the time of
such non-attendance subject to the following conditions and limitations:
(i) The employee
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to payment under the New South Wales workers
compensation acts.
(ii) The employee
shall, as soon as reasonably practicable and during the ordinary hours of the
first day of such absence, inform the employer of his or her inability to
attend for duty and, as far as possible, state the nature of the injury or
illness and the estimated duration of the absence. If it is not reasonably practicable to inform the employer during
the ordinary hours of the first day of such absence, the employee shall inform
the employer within 24 hours of such absence.
(iii) All periods
of sickness shall be certified by a registered medical practitioner, provided
that the employer may dispense with the requirements of a medical certificate
where the absence does not exceed 3 consecutive days or where, in the
employer's opinion, the circumstances are such as not to warrant such
requirements.
(iv) Full-time
Employees
Sick leave is granted on the basis of 10 days per
anniversary year, provided that:
(a) during the
first 3 months' employment, one day only of sick leave be available each month,
to be granted to an employee subject to the conditions of this clause; and
(b) on the first
day of the fourth month of employment, 10 days' sick leave less such sick leave
granted under paragraph (a) of this subclause shall be credited to the
employee.
(v) Part-time
Employees
Sick leave is granted on a pro rata hourly basis
calculated on the number of hours employed per anniversary year, provided that:
(a) during the
first 3 months of employment the equivalent of 1/10th of the pro rata hourly
entitlement be available each month to be granted to an employee; and
(b) on the first
day of the fourth month of employment; the pro rata annual entitlement less
such sick leave granted under paragraph (a) of this subclause shall be credited
to the employee;
(c) retrospective
adjustment to sick leave entitlements will be made where part-time employees
work hours in excess of their contract.
Such leave shall accumulate from year to year and may
be taken by an employee in addition to the sick leave entitlement available in
any one year.
(vi) If an employee
who is absent on annual leave or long service leave, furnishes to the employer
a satisfactory medical certificate in respect of an illness which occurred
during the leave, the employer may, subject to the provisions of this clause,
grant sick leave to the employee as follows:
(a) in respect of
annual leave, the period set out in the medical certificate;
(b) in respect of
long service leave, the period set out in the medical certificate if such
period is 5 working days or more.
The provisions of this subclause do not apply to
employees on leave prior to resignation or termination of services, unless the
resignation or termination of services amounts to a retirement.
30. Family and
Community Service Leave
(i) The employer
shall grant to an employee (other than a casual employee) some, or all of their
accrued family and community service leave on full pay, for reasons relating to
family responsibilities, performance of community service or emergencies. Where
possible, non-emergency appointments or duties should be scheduled or performed
outside of normal working hours.
(ii) Such cases
may include but not be limited to the following:-
(a) compassionate
grounds - such as the death or illness of a close member of the family or a
member of the employee's household;
(b) 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;
(c) 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;
(d) attending to
family responsibilities such as - citizenship ceremonies, parent/teacher
interviews or attending child's school for other reasons;
(e) attendance at
court by an employee to answer a charge for a criminal offence, only if the
employer considers the granting of family and community service leave to be
appropriate in a particular case;
(f) 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; and
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.
(iii) The
definition of "family" or "relative" in this clause is the
same as that provided in subparagraph (i) (c) (2) of clause 31,
Personal/Carer’s Leave.
(iv) The maximum
amount of family and community service leave on full pay which may, subject to
this award, be granted to an employee shall be the greater of the leave
provided in accordance with paragraph (a) or paragraph (b) of this subclause:
(a) 2½ of the
employee’s working days in the first year of service and, on completion of the first
year’s service, 5 of the employee’s working days in any period of 2 years; or
(b) After the
completion of 2 years continuous service, the available family and community
service leave is determined by allowing 1 day’s leave for each completed year
of service less the total amount of short leave or family and community service
leave previously granted to the employee.
(v) Part-time
employees will accrue family and community service leave on a pro rata basis.
(vi) If available
family and community service leave is exhausted as a result of natural
disasters, the employer shall consider applications for additional family and
community service leave, if some other emergency arises
(vii) If available
family and community service leave is exhausted, on the death of a person
defined in subparagraph (i)(c)(2) of clause 31, Personal/Carer’s Leave,
additional paid family and community service leave of up to 2 days may be
granted on a discrete, per occasion basis to an employee.
In cases of illness of a family member for whose care
and support the employee is responsible, paid sick leave in accordance with
subparagraph (i)(c)(2) of clause 31, Personal/Carer’s Leave, shall be granted
when paid family and community service leave has been exhausted.
The employer may also grant employees other forms of
leave such as accrued annual leave, time off in lieu, flex leave and so on for
family and community service leave purposes.
31. Personal/Carer's
Leave
(i) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph(c)(2) of this subclause who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 29, Sick
Leave of the award, for absences to provide care and support, for such persons
when they are ill. Such leave may be
taken for part of a single day.
(b) The employee
shall, if required, establish, either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care of the person concerned; and
(2) the person
concerned being:
1. a spouse of
the employee; or
2. a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first-mentioned person who lives with the first-mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
3. a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
4. a same-sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
5. a relative of
the employee who is a member of the same household where, for the purposes of
this paragraph:
(A) "relative"
means a person related by blood, marriage or affinity;
(B) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(C) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(ii) Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph(i)(c)(2) of this clause who is ill.
(iii) Annual Leave
(a) An employee
may elect with the consent of the employer to take annual leave not exceeding
ten days in single-day periods or part thereof, in any calendar year at a time
or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single-day absences until at least ten consecutive annual leave days are
taken.
(iv) Time Off in
Lieu of Payment for Overtime
For the purpose only of providing care and support for
a person in accordance with subclause (i) of this clause and, despite the
provisions of clause 19, Overtime, the following provisions shall apply:
(a) Overtime taken
as time off during ordinary-time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(b) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, and the leave is not taken for whatever reason, payment for time
accrued at overtime rates shall be made at the expiry of the 12-month period or
on termination.
(c) Where no
election is made in accordance with paragraph (i)(a) of this clause, the
employee shall be paid overtime rates in accordance with the award.
(v) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours and works those hours at
a later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(vi) Personal
Carers Entitlement for casual employees
(a) Subject to the
evidentiary requirements set out in paragraph (i)(b) and the notice
requirements set out in paragraph (i)(d) of this clause, 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 subparagraph (i)(c)(2) of this clause who
is sick and requires care and support, or who requires care due to an
unexpected emergency, or the birth of a child.
(b) The employer
and the casual employee shall agree on the period for which the employee will
be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause.
The rights of an employer to engage or not to engage a casual employee
are otherwise not affected.
(vii) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary requirements set out in paragraph (i)(b) and the notice
requirements set out in paragraph (i)(d), casual employees are entitled to not
be available to attend work, or to leave work upon the death in Australia of a
person prescribed in subparagraph (i)(c)(2) of this clause.
(b) The employer
and the casual employee shall agree on the period for which the employee will
be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause.
The rights of an employer to engage or not engage a casual employee are
otherwise not affected.
32. Parental Leave
(i) Maternity
Leave
A female employee, other than a casual employee, who
has completed at least 40 weeks' continuous service with the employer prior to
the commencement of maternity leave shall be granted maternity leave, subject
to the following conditions:
A casual employee who has completed at least 2 years'
continuous service with the employer prior to the commencement of maternity
leave shall be granted unpaid maternity leave subject to the following
conditions:
(a) An employee
who wishes to take maternity leave shall, in not less than 10 weeks prior to
the expected date of confinement, give her employer notice in writing -
(1) stating her
intention to take maternity leave; and
(2) specifying the
period of maternity leave she intends to take and the date of commencement and
completion of that period.
(b) Provided that
an employee must give notice in writing not less than 4 weeks prior to the last
day of the period of maternity leave confirming her intention to return to
work. An employee who fails to comply
with this requirement shall be deemed to have terminated her employment on the
day after the last day on which the notice is required.
(c) Such absence
shall be supported by a medical certificate from a registered medical
practitioner indicating the anticipated date of confinement.
(d) The total
absence on maternity leave shall not exceed 12 months from the date of
commencement of such leave.
(e) An employee
(other than a casual employee) shall be entitled to the first 14 weeks of
maternity leave at the ordinary rate of pay, at full pay, half pay or as a lump
sum. The balance of the remaining
maternity leave shall be unpaid.
(f) Where an
employee elects to return to work within 6 weeks after the birth of the child,
the employer may require the employee to provide a medical certificate stating
that she is fit to return to her normal duties.
(ii) Adoption
Leave
Any employee, other than a casual employee, who has
completed at least 40 weeks’ continuous service with the employer prior to the
commencement of adoption leave, shall be entitled to adoption leave under the
following conditions:
(a) up to 14
weeks' paid leave at the time of adoption at the ordinary rate of pay, at full
pay, half pay or as a lump sum; and
(b) where the
employee is the primary care-giver and, with the consent of the employer, a
further 38 weeks of unpaid leave may be taken.
This entitlement shall be reduced by any period of
adoption leave taken by the employee's spouse for the same child.
The total period of leave shall not exceed one year
from the time of the child adoption.
An employee shall be required to:
(a) give notice of
the date of the intent to take adoption leave and the proposed length of leave;
this must be done -
(1) within 2
months of receiving approval for adoption; or
(2) if a relative
adoption, as soon as the child has been taken into custody pending an adoption
order application;
(b) confirm the
date and period of leave by giving at least 14 days' written notice before the
adoption date;
(c)
(1) provide
certification from an adoption agency or appropriate body of the presumed date
of adoption;
(2) provide a
statement from a government authority stating that the employee has custody of
a child pending an adoption order.
(d) make a
statutory declaration stating:
(1) that the
employee is seeking adoption leave to become the primary care-giver of a child;
(2) details of any
adoption leave sought or taken by the employee's spouse for the same child;
(3) the employee
will not take another job or contravene his/her employment contract while on
adoption leave.
(e) employee
returning to work from adoption leave:
(1) shall confirm
in writing their intention of returning to work not less than 4 weeks before
the adoption leave expires;
(2) is entitled to
return to the position held immediately before taking adoption leave. Where the position no longer exists, but
there are other positions for which the employee is qualified and capable of
performing, the employee is entitled to a position comparable in status and pay
to that of the former position.
(iii) Other Parent
Leave
An employee, other than a casual employee, who has
completed at least 40 weeks’ continuous service with the employer prior to the
commencement of ‘other parent’ leave, shall be entitled to ‘other parent’ leave
under the following conditions:
(a) Up to one
week's short ‘other parent’ leave at full pay or two weeks’ leave at half pay
at the time of birth or taking custody of a child in the case of adoption may
be taken.
(b) Where the
employee is the primary care-giver and with the consent of the employer, a
further period not exceeding 12 months, less any short ‘other parent’ leave in
paragraph (a) of this subclause, may be taken.
(c) The employee
shall give 10 weeks’ notice of their intention to take ‘other parent’ leave and
provide satisfactory proof of the spouse’s pregnancy or of the anticipated
adoption.
(d) An employee
returning to work from ‘other parent’ leave:
(1) shall confirm
in writing their intention of returning to work not less than 4 weeks before
the ‘other parent’ leave expires;
(2) is entitled to
return to the position they held immediately before taking ‘other parent’
leave. Where the position no longer
exists, but there are other positions for which the employee is qualified and
capable of performing, they are entitled to a position comparable in status and
pay to that of the former position.
(iv) Right to
Request
(a) An employee
entitled to either maternity, adoption or ‘other parent’ leave, other than a
casual employee, may request the employer to allow the employee:
(1) to extend the
period of unpaid maternity, adoption or ‘other parent’ leave for a further
continuous period of leave not exceeding 12 months;
(2) to return from
a period of maternity, adoption or ‘other parent’ leave on a part-time basis
until the child reaches school age to assist the employee in reconciling work
and parental responsibilities.
(b) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency, and the impact on customer
service.
(c) Employee’s request
and the employer’s decision to be in writing.
The employee’s request under paragraph (iv)(a) and the
employer’s decision made under paragraph (iv)(b) of this subclause must be
recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
(iv)(a)(2)of this subclause, such a request must be made as soon as possible
but no less than seven weeks prior to the date upon which the employee is due
to return to work from parental leave.
(v) Communication
during maternity, adoption or ‘other parent’ leave
(a) Where an
employee is on maternity, adoption or ‘other parent’ leave and a definite
decision has bee made to introduce significant change at the workplace, the
employer shall take reasonable steps to:
(1) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing maternity, adoption or ‘other parent’ leave; and
(2) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility of the position he or she held before
commencing maternity, adoption or ‘other parent’ leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of maternity,
adoption or ‘other parent’ leave to be taken, whether the employee intends to
return to work and whether the employee intends to request to return to work on
a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph (a) of this
subclause.
(vi) Casual
Employees
(a) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the Industrial
Relations Act 1996) because:
(1) the employee
or employee’s spouse is pregnant; or
(2) 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.
33. Jury Service
An employee, other than a casual employee, required to
attend for jury service during his/her ordinary working hours, shall be
reimbursed an amount equal to the difference between the amount paid in respect
of attendance for such jury service and the amount of wages the employee would
have received in respect of the ordinary time which would have been worked had
the employee not been on jury service.
34. Study Leave
(i) Study leave
shall be paid leave subject to the terms and conditions set out below:
(a) Study leave
applies to all permanent employees including those employed on a part-time
basis.
(b) The course of
study must be work-related.
(c) Decisions
regarding the approval or otherwise for study leave shall not be the subject of
an appeal to any service tribunal or any other industrial and/or lawful
tribunal, commission or court.
(d) Study leave
shall be granted and taken at the convenience of the Home Care Service. Such convenience shall take into
consideration such factors as the necessity of an employee to be at work on
specific days or times, availability of relief staff and service requirements
concerning training or other requirements.
(ii) Study leave
shall be granted subject to the following criteria and conditions:
(a) Study leave is
granted on the basis of half an hour of leave for each hour of face-to-face
lectures, or equivalent, up to a maximum of 4 hours.
(b) Such leave
shall be cumulative and may be taken as examination leave or for field work
purposes following approval.
(c) Study leave
shall not accumulate from year to year.
Each academic year shall stand alone.
(d) No travel time
or travel allowance is payable.
(e) All payment
for study leave shall be at the ordinary rate of pay.
PART E
TRAINING
35. Trade Union
Training
Employees nominated by the Union to attend during ordinary
working hours a course recognised by the Trade Union Training Authority in the
State shall do so without loss of ordinary pay, subject to the following:
(i) that the
employer receive not less than 4 weeks' written notice of nomination from the
Union, setting out the time, dates, content and venues of the course;
(ii) that not more
than one person at any one time from a branch is nominated, with no individual
receiving more than 5 days' training per year;
(iii) that a
maximum of 100 days per financial year, non-cumulative, be available for trade
union training each year;
(iv) that the
employer is satisfied that the course will assist in reducing work place
disputes and in advancing industrial harmony within the organisation.
36. Traineeships
The rates of pay and conditions of employment of trainees
(see clause 4, Definitions) will be the Crown Employees (Home Care Service of
New South Wales - Administrative Staff - Training Wage) Award 2007 as varied
from time to time. Variations to the Crown Employees (Home Care Service of New
South Wales - Administrative Staff - Training Wage) Award 2007 will be in
accordance with the Crown Employees (Public Service Training Wage) Award 2005
as varied from time to time.
PART F
ANTI-DISCRIMINATION
37.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the objective
in section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(ii) It follows
that, in fulfilling their obligations under the grievance 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 provisions of the award which, by its
terms or operation, has a direct or indirect discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
Notes:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this 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."
PART G
MONETARY RATES
Table 1 - Salaries
Classification and
Grades
|
Common Salary
|
1.7.07
|
|
Point
|
Per annum
|
|
|
$
|
Home Care Gradings and Pay Scales -
|
|
|
Grade 1 -
|
|
|
Step 1
|
29
|
39,807
|
Step 2
|
33
|
41,189
|
Grade 2 -
|
|
|
Step 1
|
35
|
41,912
|
Step 2
|
38
|
43,099
|
Grade 3 -
|
|
|
Step 1
|
40
|
43,903
|
Step 2
|
43
|
45,188
|
Grade 4 -
|
|
|
Step 1
|
45
|
45,967
|
Step 2
|
49
|
47,682
|
Grade 5 -
|
|
|
Step 1
|
52
|
49,012
|
Step 2
|
56
|
50,829
|
Grade 6 -
|
|
|
Step 1
|
58
|
51,784
|
Step 2
|
62
|
53,847
|
Grade 7 -
|
|
|
Step 1
|
64
|
55,010
|
Step 2
|
68
|
57,117
|
Grade 8 -
|
|
|
Step 1
|
70
|
58,341
|
Step 2
|
74
|
60,518
|
Grade 9 -
|
|
|
Step 1
|
76
|
61,801
|
Step 2
|
79
|
63,561
|
Grade 10 -
|
|
|
Step 1
|
81
|
64,827
|
Step 2
|
84
|
66,749
|
Grade 11 -
|
|
|
Step 1
|
86
|
68,051
|
Step 2
|
89
|
70,167
|
Grade 12 -
|
|
|
Step 1
|
90
|
70,862
|
Step 2
|
94
|
73,750
|
Grade 13 -
|
|
|
Step 1
|
96
|
75,308
|
Step 2
|
100
|
78,427
|
Grade 14 -
|
|
|
Step 1
|
102
|
79,947
|
Step 2
|
105
|
82,244
|
Grade 15 -
|
|
|
Step 1
|
107
|
83,906
|
Step 2
|
110
|
86,419
|
Grade 16 -
|
|
|
Step 1
|
112
|
88,113
|
Step 2
|
115
|
90,699
|
Grade 17 -
|
|
|
Step 1
|
117
|
92,500
|
Step 2
|
120
|
95,472
|
Grade 18 -
|
|
|
Step 1
|
121
|
96,293
|
Step 2
|
124
|
99,269
|
Grade 19 -
|
|
|
Step 1
|
126
|
101,454
|
Step 2
|
130
|
105,923
|
Table 2 - Other
Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
22
|
Travel Allowance - use of own vehicle
|
0.68 cents per km
|
2
|
24
|
Sustenance Allowance - Capital City (Sydney)
|
280.25 per day
|
3
|
24
|
Sustenance Allowance - Tier 1 Country Centre
|
|
|
|
Newcastle
|
202.25 per day
|
|
|
Port Macquarie
|
200.25 per day
|
|
|
Wagga Wagga
|
197.75 per day
|
|
|
Wollongong
|
195.75 per day
|
4
|
24
|
Sustenance Allowance - Tier 2 Country Centre
|
|
|
|
Bathurst
|
180.75 per day
|
|
|
Broken Hill
|
180.75 per day
|
|
|
Dubbo
|
180.75 per day
|
|
|
Orange
|
180.75 per day
|
5
|
24
|
Sustenance Allowance - Tier 3 Other Country Centres
|
170.75 per day
|
D. W. RITCHIE, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.