Independent Commission Against Corruption Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales, Industrial Organisation of Employees.

 

(No. IRC 2521 of 2006)

 

 

AWARD

 

Arrangement

 

Clause No.         Subject Matter

 

1.         The Name Of This Award

2.         Dictionary Of Terms Used In This Award

3.         The Aims Of This Award

4.         Communication & Consultation

5.         ICAC Officer Classification & Salary Structure

6.         Basis Of Employment In The ICAC

7.         Performance Management & Salary Increments

8.         Training & Development

9.         Redundancy & Redeployment

10.       Conditions Of Employment

10.1      Hours Of Employment - Flexible Working Hours Scheme (FWH)

10.2      Flexible Work Arrangements (FWA)

10.3      Leave

10.4      Travelling Time Compensation

10.5      Overtime

10.6      Performing Higher Duties

10.7      Allowances & Loadings

11.       Investigators, Surveillance Officers And Technical Services Officers

12.       Secure Employment Test Case - OHS Obligations

13.       Grievance & Dispute Resolution

14.       Variations To This Award And No Further Claims

15.       Area, Incidence & Duration Of This Award

16.       Anti-Discrimination Clause

17.       Salary Packaging

 

Schedule 1 - ICAC Officer Classification Salary Rates

Schedule 2 - Allowance Rates

Schedule 3 - Casual Employees Entitlements

 

1.  The Name of This Award

 

This Award will be known as the Independent Commission Against Corruption Award.

 

2.  Dictionary of Terms Used in This Award

 

Commission - the Independent Commission Against Corruption

 

ICAC - the Independent Commission Against Corruption

 

PSA - the Public Service Association of New South Wales

 

Executive - the ICAC's statutory officers and Executive Directors

 

Commissioner - the Commissioner of the ICAC.

 

3.  The Aims of This Award

 

The Commission is a statutory body set up under the Independent Commission Against Corruption Act 1988 to expose and minimise corruption in the NSW public sector.  This Award documents the conditions of employment and the rights and obligations of management and staff that will help to achieve this objective.

 

This Award was negotiated by the ICAC Award Negotiation Committee comprised of two staff, a Public Service Association officer and two management representatives.  Staff were consulted throughout the development of the Award and have agreed to this Award.

 

The Award aims to achieve the following outcomes:

 

to improve the efficiency and productivity of the ICAC

 

to enhance our culture of consultation

 

to provide equitable remuneration and conditions of employment

 

to provide information on conditions of employment in plain English

 

to improve the development and utilisation of staff

 

We are committed to certain fundamental values in all our interactions with public sector agencies, other organisations, individuals and our staff.  We will:

 

advance the public interest at all times

 

always act ethically and with integrity

 

be fair, impartial and accountable in all our work

 

strive for excellence in everything we do

 

be tenacious and professional in pursuing our aim

 

respect each other and work collaboratively

 

preserve the ICAC’s independence.

 

This Award rescinds and replaces all other industrial instruments except as referred to in this document.

 

4.  Communication & Consultation

 

The Commission Consultative Group (CCG) is the formal mechanism for consultation and communication between staff) and management on matters of policy and procedure.

 

Purpose - to improve performance through consultation leading to informed decision making.

 

Role - to consider issues of policy or procedure, with Commission-wide significance to staff, as referred by staff and management. Generally, the CCG provides a consultative forum for developing or reviewing policies, procedures, and/or recommendations as to final policy or procedure to the Commissioner or manager with delegated authority. Delegation to the CCG of decision-making power in suitable matters will also be an option for the Executive.

 

PSA representation - a PSA industrial staff representative.

 

Staff representation - there are five staff representatives, at least one of whom is a delegate of the PSA.  Representatives are elected by secret ballot and are appointed for a period of two years.

 

The Executive representation - three Executive representatives are appointed by the Commissioner for a period of two years.

 

Operation - The CCG determines its own meeting procedure and charter of operation.

 

Other committees - The Access and Equity Committee, the Occupational Health & Safety Committee and the Classification Committee report to the Commissioner through the CCG. The CCG will ensure that these committees are appropriately structured and operate in accordance with relevant legislation, that election procedures are appropriate, and that membership is balanced by gender and is representative of the staff.

 

5.  ICAC Officer Classification & Salary Structure

 

The ICAC Officer classification Grades 1 - 8 have regard to the following principles:

 

work of equal value attracts equal remuneration a structure reflecting a composite weighting of the markets from which the Commission recruits its employees

 

a structure which supports improved performance

 

The ICAC Officer salary rates appear in Schedule 1.

 

The salary structure has regard for equivalent work value and salaries in the following markets:

 

NSW public sector (Administrative & Clerical and Legal).

 

Police/Investigator (NSW, Federal, National Crime Authority).

 

Private sector (Information Technology).

 

The CCG will examine the ICAC Officer classification system in order to consider the benefits of reducing the number of grades and salary points, improve opportunities for progression to positions at higher grades through the introduction of "soft barriers" or other measures, and other changes suggested by the Executive or staff.

 

The annual salaries of ICAC staff covered by this Award shall be adjusted by an increase of four percent (4%) with effect from the beginning of the first full pay period to commence on or after 1 July 2006, and a further four percent (4%) with effect from the beginning of the first full pay period to commence on or after 1 July 2007.

 

6.  Basis of Employment in the ICAC

 

The employment of members of staff of the Commission is subject to s.104 of the Independent Commission Against Corruption Act 1988.

 

Members of staff of the Commission are appointed by the Commissioner and are taken to be employed by the Government of New South Wales in the service of the Crown but the Commissioner is, for the purposes of any proceedings relating to staff employed under s.104 held before a competent tribunal having jurisdiction to deal with such matters, taken to be the employer of the staff.

 

Persons employed under s.104 are appointed as a member of staff of the Commission at the discretion of the Commissioner and are subject to the control and direction of the Commissioner.

 

The basis of employment in the Commission is permanent (either full-time or part-time), that is, continuing employment subject to satisfactory work performance and conduct.

 

The Commission may engage employees other than permanent employees. These employees may be part-time, casual, fixed term, or secondees and will be engaged when:

 

(a)        additional skills, expertise or experience in the current workforce are required and the position will not be required on an ongoing basis.

 

(b)        a position is vacant because an employee is on approved leave of absence.

 

It is the intention of the parties that the Commission’s recruitment policy will indicate the steps to be taken to determine the availability of skills, expertise or experience within the Commission prior to the initiation of any external action. Appointment to a position at the ICAC will involve a six months probationary period or such period as the Commissioner directs. The probationary period applies to permanent employees and non permanent employees who are employed for periods of greater than six months.

 

Satisfactory performance encompasses, but is not limited to:

 

satisfactory discharge of duties as incorporated in the individual performance agreement .

 

participation in corporate activities.

 

commitment to and participation in training and development opportunities.

 

Satisfactory conduct encompasses, but is not limited to:

 

observing the law

 

observing Commission policies and procedures

 

observing ethical standards of behaviour as set out in the Commission's Code of Conduct.

 

Subject to section 104 of Independent Commission Against Corruption Act 1988, the Commission will, wherever possible, follow the management practices relating to termination and dismissal prescribed in legislation that affects NSW employers.

 

Recruits may decide to be seconded to a permanent position or come to the Commission on Leave Without Pay from their substantive employer. Where a recruit decides to do this, the Commission requires a minimum period of employment of two years. Further extensions of no less than one year, provided performance and conduct are satisfactory, will be considered. Staff currently on secondment or leave without pay may apply to resign from their substantive employment and join the Commission as a permanent member of staff in their current job, provided performance and conduct are satisfactory and, where possible, three months’ notice is given. This opportunity is not available to temporary employees.

 

A temporary employee may be directly appointed to a permanent position if the employee has filled that position for two years on a temporary basis and was initially recruited under merit selection.

 

Resignation - 4 weeks notice in writing is required unless the Commission agrees to a lesser period of notice.

 

Termination of employment - 4 weeks notice shall be given by staff; or in lieu of notice, the Commission may grant payment in lieu.

 

Casual employees shall received leave entitlements as referred to in Schedule 3.

 

7.  Performance Management & Salary Increments

 

The aims of the Commission's performance management system are:

 

to establish a climate of continuous improvement within the Commission

 

to match individual staff performance objectives with Commission performance objectives and Corporate and Strategic Plans

 

to provide a process that ensures honest communication between staff and supervisors about the work they do, how it is done and how performance is measured

 

to ensure the identification of training and development needs are in line with requirements of the individual and the Commission.

 

The Commission’s performance management system is based on an annual performance agreement between staff and their supervisor. The annual performance agreement sets out the agreed outcomes to be measured and how these outcomes will be measured (i.e. performance measures).

 

There are stages to be completed each year for the Commission’s performance management system, which will occur at a common time for all employees, are:

 

1.          Establishment of a performance agreement - July

 

2.          6-Monthly Review - December

 

3.          Annual review - June

 

Progression through the salary points in the ICAC Officer range is based on performance under the Commission’s performance management system. The Annual Review includes an overall assessment of performance using the following five point scale:

 

Outstanding - where performance has consistently and substantially far exceeded the expectations and results previously agreed upon. The staff member has made significant contributions toward meeting corporate goals and priorities.

 

Creditable - where performance has fully met the requirements agreed to, and exceeded requirements on major projects/tasks.

 

Competent - where the requirements of the performance agreement are fully met.

 

Marginal - where the fundamental requirements of the performance agreement have been met but results are not as agreed and included in the performance agreement.

 

Unacceptable - where performance has not met the requirements of the performance agreement.

 

All staff have a common increment date of 1 July and their increment will be eligible for payment in the first pay period commencing on or after 1 July each year, not on the anniversary of their appointment, subject to satisfactory performance under the Commission’s performance management system.

 

The minimum period of service required before consideration of an increment would be 4 months subject to completion of a Performance Agreement within 6 weeks of appointment or promotion.

 

8.  Training & Development

 

The Commission is committed to providing training and development activities that aim to increase the skills, knowledge and experience of staff.  The activities provided include:

 

job relevant training

 

refresher courses

 

new skills training

 

participation in corporate activities

 

opportunities to do work at a similar or higher grade within the Commission, or on secondment to other agencies.

 

transfer, promotion or secondment opportunities.

 

training where performance has been identified as inadequate.

 

other career development opportunities relevant to the work of the Commission.

 

The CCG will oversee the implementation of the Commission's Training & Development Policy, taking into account:

 

the needs of all employees.

 

access is fair and in line with EEO principles.

 

corporate or Unit planning or training arising out of the Commission’s performance management program.

 

the level of resources needed in implementing the program and the most effective way of using those resources.

 

9.  Redundancy & Redeployment

 

Staff and management are covered by the provisions of the NSW Premier's Department's 'Managing Excess Employees' Policy’ for redundancy and redeployment.

 

10.  Conditions of Employment

 

The conditions of employment are set out in this Award and include compliance with the Commission’s General Policies and Procedures. The Commission’s General Policies and Procedures are to be read as amended and in force at the date under consideration.  To the extent of any inconsistency between the Commission’s General Polices and Procedures and the Award, the conditions of the Award shall prevail.

 

The ICAC's conditions of employment are based on NSW public service conditions at the date of the making of this Award. Changes in public service Awards and/or conditions of employment that occur after the making of this Award will be referred to the CCG for consideration and possible recommendation to the Commissioner. If it is decided they should apply, this Award will be varied in accordance with the Industrial Relations Act 1996.

 

In setting conditions of service for staff of the Commission regard will be given to the provisions of the current Crown Employees (Public Service Conditions of Employment) Award.

 

If conditions of employment for staff of the Commission are not covered by this Award then the provisions of the Crown Employees (Public Service Conditions of Employment) Award will be referred to. Any changes to conditions of service will be made in consultation with the CCG. Where they differ, for example in relation to Surveillance Officer conditions, they are defined in policy documents held at the ICAC.

 

Staff transferring to the Commission from other NSW public sector agencies may be able to transfer some of their existing entitlements to the Commission consistent with NSW public sector mobility provisions. The transfer of annual leave entitlements is restricted to a maximum of 20 days.

 

10.1      Hours Of Employment - Flexible Working Hours Scheme (FWH)

 

The Commission operates under a Flexible Working Hours Scheme as follows.  This clause must be read in conjunction with the Commission’s Flexible Working Hours Policy (Policy 31) as is in force at the relevant time. The provisions of this clause prevail to the extent of any inconsistency with the policy.

 

Purpose - to improve organisational performance and to provide the Executive and employees with flexibility in arranging working hours.

 

Principles - In order that staffing levels are sufficient to meet operational requirements, the Guarantee of Service and performance standards, management and staff are committed to ensuring that:

 

decisions regarding working hours will be made taking into account the requirements of the particular Division, Section or team and the Commission

 

decisions regarding working hours will be made between an employee and their direct supervisor based on consultation and negotiation

 

supervisors will notify staff of the need to change hours as soon as practicable

 

staff will give reasonable notice of request for flex leave.

 

The provisions of this subclause shall apply to part time staff on a pro rata basis.

 

Surveillance Officers - Management recognises the need for greater flexibility in managing the flexible working hours scheme for Surveillance officers and allows for variations in recognition of the employment situation of surveillance staff, which are referred to in the Flexible Working Hours policy.

 

Ordinary hours of work - 7 hours/day, 35 hours/week, Monday to Friday.

 

Commission's daily hours of business - 9 am to 5 pm.

 

Daily period in which work is to be performed (bandwidth) - 7.30 am to 7.00 pm.  This period may be varied with the agreement of staff and their supervisor to meet Commission or staff needs.  If the bandwidth is altered, flex is accrued after 7 hours work (excluding meal breaks) and overtime after 11.5 hours from the start of the altered bandwidth.

 

Minimum hours to be worked each day - 5 hours.  Minimum hours may be varied temporarily by agreement of the staff member and their Executive Director in exceptional circumstances.

 

Maximum hours to be worked each day - 10, unless approved otherwise.

 

Meal break - Minimum of 30 minutes every 5 hours. Surveillance Officer meal breaks are defined in a policy document held at the ICAC.

 

Flex Period - 140 hours (4 weeks), which are the contract hours for a full time employee.

 

Maximum Flex Leave that can be taken in any financial year - 26 days (182 hours). This includes both flex and banked flex leave.

 

Carry over credit at end of Flex Period - up to 21 hours.

 

Carry over debit at end of Flex Period - up to 10 hours.  Debits in excess of 10 hours must be offset by an application for Annual Leave.

 

Flex Leave (FL) and Banked Flex Leave (BFL) that can be taken in a Flex Period - 21 hours.  Staff are expected to take Flex leave and or banked flex leave as either a half day (3.5 hours) or a full day (7 hours).  Part time employees may take a pro rata amount equivalent to the hours worked on a specific day.  Flex Leave may be taken at the beginning and/or end of a period of other leave.

 

Banked Flex Leave - Working hours in excess of the 21 hour carry over credit may be banked.  The maximum hours to be banked is up to 21 hours.  The minimum amount of banked flex leave that can be used is 3.5 hours.  BFL may be taken in conjunction with Flex leave and at the beginning and/or end of a period of other leave.

 

Flex Record - Staff must maintain current and accurate records of their working hours on the Commission's Flex Record.  Data from the Record will be analysed from time to time.

 

10.2      Flexible Work Arrangements (FWA)

 

This Award aims to provide assistance to staff in balancing their personal and work commitments. This enables the Commission to be more flexible in the delivery of its services and to improve the satisfaction of staff. FWA will only be available with the agreement of management. All conditions of employment in this Award apply to part time staff on a pro-rata basis.

 

The following FWA are available:

 

Permanent Part-time Employment - enables staff to permanently work hours which are less than the full-time weekly hours of their position.

 

Part-time Leave Without Pay - enables staff to work on a part-time basis for a period of time, either by cutting hours in their current position or by doing other duties. At the end of the period they return to full-time work.

 

Part Year Employment - enables staff to work for an agreed number of weeks per year, with an agreed number of unpaid weeks.

 

Job Sharing - enables a job to be shared by two or more staff. They may be employed on a part-time basis or may be full-time employees taking part-time leave without pay.

 

Working at home - Staff may work at home from time to time if it is an efficient and effective way of working and the outcomes to be achieved are agreed to by their supervisor. The documented security policies and procedures relating to this provision must be adhered to at all times.

 

A permanent member of staff, originally employed on a full-time basis and currently working in a FWA has the right to return to full-time employment. In such a case they will be paid at their substantive salary level but may not be able return to the work carried out before entering the FWA in accordance with the ICAC Policy.

 

10.3      Leave

 

10.3.1   Annual Leave

 

Staff are entitled to 20 working days/140 hours annual leave per year. Annual leave accrues at the rate of 1.67 working days/11.62 hours per month and may be taken in periods of not less than ¼ day. At least 10 days annual leave must be taken each financial year. To enable better planning of annual leave and flex and banked flex leave, and to ensure better availability of staff throughout the year, staff undertake to manage their annual leave to give the Commission maximum notice of their wishes. The Commission, will, wherever possible, meet the leave requirements of staff, however, the taking of annual leave is subject to Commission convenience.

 

An annual leave entitlement does not accrue during any periods of unpaid leave except for periods of sick leave without pay.

 

Staff annual leave balances at 30 June each year can accrue to a maximum of 40 working days/280 hours unless an approval to conserve annual leave has been granted by the relevant director.

 

10.3.2   Concessional Leave

 

At Christmas, where the Premier grants concessional leave, the Commissioner may make a similar grant to Commission staff provided that adequate service to the public is maintained. Advice to staff on whether the leave is available, as well as the relevant conditions, will be provided at least two weeks prior to Christmas each year.

 

10.3.3   Easter Thursday

 

The Commissioner may grant access to an additional ½ day flex leave on the afternoon of Easter Thursday in the flex period in which Easter Thursday falls, provided that adequate service to the public is maintained. The staff member must have the flex time accrued in order to be able to take the ½ day flex leave.

 

10.3.4   Long Service Leave (Extended Leave)

 

The ICAC long service leave entitlements are:

 

Long Service Leave (LSL) entitlement after 10 years service - 2 months (44 working days) on full pay and 11 working days for every year of service thereafter. LSL may be taken at half pay.

 

LSL entitlement after 7 years service - staff with 7 years or more service will be entitled to take (or be paid out on resignation) LSL in the usual manner. The quantum of leave available is that which would have applied if pro rata leave was granted. No repayment will be required if a staff member does not reach 10 years service.

 

LSL entitlement after 5 years service but less than 7 years service - If the ICAC terminates employment for reasons other than serious and intentional misconduct, or, staff leave on account of illness, incapacity or domestic or other pressing necessity, staff are entitled to 1 month’s LSL for 5 years service plus a pro-rata rate for service of between 6 and 7 years.

 

LSL on Double Pay - A staff member with an entitlement to LSL may elect to take leave at double pay.  The additional payment will be made a superable, taxable allowance for employees covered by the First State Superannuation Act, 1992 only.  These employees are members of First State Super or another complying fund of their choice.  The double payment is not superable for members of the closed NSW Public Sector Superannuation Schemes, which are established by the Police Regulation (Superannuation) Act, 1906, the State Authorities Non-Contributory Superannuation Act, 1987, the State Authorities Superannuation Act 1987 and the Superannuation Act, 1916.  The staff members 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 LSL will accrue at the single time rate where a staff member takes LSL at double time. Superannuation contributions will only be made on the basis of the actual absence from work, i.e. at the single time rate. Where a staff member elects to take LSL at double pay, in most cases a minimum period of absence of one week should be taken, i.e. one week leave utilising two weeks of accrued leave.

 

Public holidays that fall whilst a staff member is on a period of LSL will be paid and not debited from a staff member’s LSL entitlement. In respect of public holidays that fall during a period of double pay LSL a staff member will not be debited in respect of the leave on a public holiday. The staff member’s leave balance will however be reduced by an additional day to fund the non-superable taxable allowance.

 

Service for LSL purposes - The following service with public sector agencies may count for LSL purposes, depending on the agency:

 

permanent and temporary work periods of employment with the ICAC under the ICAC Act.

 

continuous service with agencies under the Transferred Officers Extended Leave Act 1961. This generally includes service with the NSW public sector, some agencies in the Commonwealth and other states. Where the break in service between a public sector agency and starting work with the ICAC is less than two months, this previous employment may be able to be recognised for LSL purposes providing that the offer of employment with the Commission was accepted with the Commission prior to resignation.

 

10.3.5   Family & Community Service Leave and Carer's Leave

 

Family & Community Service Leave (FACSL) - staff may be granted FACSL for reasons relating to:

 

their family responsibilities

 

their performance of community service duties

 

pressing necessity

 

A family and relative of a staff member for these purposes is:

 

Your child

 

The child of your current or former husband, wife, de facto opposite or same sex partner,

 

Any adult who you are the legal guardian of,

 

Any ‘immediate family member’. This means any of the following:

 

Your current or former husband, wife, de facto opposite or same sex partner,

 

Your grandchild or the grandchild of your current or former husband, wife, de facto opposite or same sex partner,

 

Your parent or the parent of your current or former husband, wife, de facto opposite or same sex partner,

 

Your grandparent or the grandparent of your current or former husband, wife, de facto opposite or same sex partner,

 

Your brother or sister or the brother or sister of your current or former husband, wife, de facto opposite or same sex partner.

 

The maximum period of FACSL on full pay that may be granted is:

 

two and a half working days for the first year of service and five working days in any period of two years after this, or,

 

after two years of continuous service, one working day for every year of service, less any FACSL already taken, whichever is the greater period.

 

Where FACSL is exhausted, two additional working days FACSL may be granted on a discrete per occasion basis on the death of a person defined above.

 

Carer's Leave (CL) - Where FACSL is exhausted, unused sick leave may be granted to staff responsible for the care of a family member using the above definition.

 

The sick leave that can be accessed is:

 

unused sick leave from the current year's entitlement,

 

then, unused sick leave from the previous 3 years.

 

access to additional sick leave may be granted in special cases.

 

When applying for CL staff must supply:

 

a medical certificate or Statutory Declaration for periods greater than 3 working days.

 

details of the name of the person being cared for, their relationship with that person, the reason for that period of leave.

 

the exact nature of the illness does not need to be disclosed.

 

The use of CL will be managed in the same way as sick leave.

 

Where FACSL and CL are exhausted, time off in lieu of overtime or travelling compensation or flex time, annual, LSL and leave without pay may be granted.

 

10.3.6   Holy days and essential religious duties

 

Staff of any religious faith who need leave for the purpose of observing holy days of that faith may be granted available paid or unpaid leave provided that adequate notice is given.

 

Staff of any religious faith who need time off during daily working hours to attend to essential religious duties of that faith may use the provisions of the Flexible Working Hours Scheme.

 

10.3.7   Leave Without Pay

 

Staff may be granted periods of leave without pay in excess of 2 months after 2 years employment with the Commission. The maximum period that may granted in this case is 12 months. Staff taking 12 months LWOP must return to work for the Commission for a minimum of 2 years before further LWOP is granted.

 

10.3.8   Military Leave

 

Staff who are volunteer part-time members of the Defence Forces may be granted military leave on full pay to attend training, education, instruction and compulsory parades.  The grant each financial year is:

 

 

10.3.9   Parental Leave

 

Parental leave includes maternity, adoption leave and "other parent" leave.

 

(a)        Maternity leave shall apply to a staff member who is pregnant and, subject to this clause the staff member shall be entitled to be granted maternity leave as follows:

 

(1)        For a period up to 9 weeks prior to the expected date of birth; and

 

(2)        For a further period of up to 12 months after the actual date of birth.

 

(3)        A staff member who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.

 

(b)       Adoption leave shall apply to a staff member adopting a child and who will be the primary care giver, the staff member shall be granted adoption leave as follows:

 

(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

 

(2)        For such period, not exceeding 12 months on a full-time basis, as the Commissioner may determine, if the child has commenced school at the date of the taking of custody.

 

(3)        Special Adoption Leave --- A staff member shall 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 recreation leave, extended leave, flex leave or family and community service leave.

 

(c)        Where maternity or adoption leave does not apply; "other parent" leave is available to male and female staff who apply for leave to look after his/her child or children. Other parent leave applies as follows:

 

(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;

 

(2)        Extended other parent leave --- for a period not exceeding 12 months, less any short other parental leave already taken by the staff member as provided for in paragraph (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.

 

(d)       A staff member taking maternity or adoption leave is entitled to payment at the ordinary rate of pay for a period of 14 weeks, a staff member 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 staff member:

 

(1)        Applied for parental leave within the time and in the manner determined set out in subclause (j) of this clause; and

 

(2)        Prior to the commencement of parental leave, completed not less than 40 weeks' continuous service.

 

(3)        Payment for the maternity, adoption or short other parent leave  may be made as follows:

 

(i)         in advance as a lump sum; or

 

(ii)        fortnightly as normal; or

 

(iii)       fortnightly at half pay; or

 

(iv)       a combination of full‑pay and half pay.

 

(e)        Payment for maternity, adoption or other parent leave is at the rate applicable when the leave is taken. A member of staff holding a full time position who is on part time leave without pay when they start parental leave is paid:

 

(1)        at the full time rate if they began part time leave 40 weeks or less before starting maternity, adoption or other parent leave;

 

(2)        at the part time rate if they began part time leave more than 40 weeks before starting maternity, adoption or other parent leave and have not changed their part time work arrangements for the 40 weeks;

 

(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.

 

(f)        A staff member who has taken no more than 12 months full time maternity, adoption or other parent leave or its part time equivalent is entitled to be paid at their normal rate (i.e. the rate at which they were paid before proceeding on parental leave) for another period of such leave regardless of whether they resume their normal hours of work before proceeding on leave for another pregnancy or adoption.

 

(g)       Except as provided in subclauses (d), (e) and (f) of this clause, maternity, adoption or other parent leave shall be granted without pay.

 

(h)       Right to request

 

(1)        A staff member who has been granted maternity, adoption or other parent leave in accordance with subclause (a), (b) or (c) may make a request to the Commissioner to:

 

(i)         extend the period of unpaid maternity, adoption or other parent leave for a further continuous period of leave not exceeding 12 months;

 

(ii)        return from a period of full time maternity, adoption or other parent leave on a part time basis until the child reaches school age;

 

to assist the staff member in reconciling work and parental responsibilities.

 

(2)        The Commissioner 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.

 

(i)         Notification Requirements

 

(1)        When the Commissioner is made aware that a staff member or their spouse is pregnant, or a staff member’s spouse is pregnant or is adopting a child, the Commission must inform the staff member of their entitlements and their obligations under the Award.

 

(2)        A staff member who wishes to take parental leave must notify the Commissioner in writing at least 8 weeks (or as soon as practicable) before the expected commencement of parental leave:

 

(i)         that she/he intends to take maternity, adoption or other parent leave, and

 

(ii)        the expected date of birth or the expected date of placement, and

 

(iii)       if she/he is likely to make a request under subclause(h)

 

(3)        At least 4 weeks before a staff member's expected date of commencing maternity, adoption or other parent leave they must advise:

 

(i)         the date on which the maternity, adoption or other parent leave is intended to start, and

 

(ii)        the period of leave to be taken. 

 

(4)        The employee’s request and the Commissioner’s decision made under 10.3.9 (h)(1)(i) and 10.3.9 (h)(1)(ii) must be recorded in writing.

 

(5)        A staff member intending to request to return from maternity, adoption or other parent leave on a part-time basis or seek an additional period of leave of up to 12 months must notify the Commissioner  in writing as soon as practicable and preferably before beginning maternity, adoption or other 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 Commissioner agrees.

 

(6)        A staff member on maternity leave is to notify the Commission of the date on which she gave birth as soon as she can conveniently do so

 

(7)        A staff member must notify the Commission as soon as practicable of any change in her intentions as a result of premature delivery or miscarriage.

 

(8)        A staff member on maternity or adoption leave may change the period of leave or arrangement, once without the consent of the Commission and any number of times with the consent of the Commission. In each case she/he must give the Commission at least 14 days notice of the change unless the Commissioner decides otherwise.

 

(j)         A staff member has the right to his/her former position

 

(1)        if she/he has taken approved leave or part-time work in accordance with subclause (h), and she resumes duty immediately after the approved leave or work on a part-time basis.

 

(k)        If the position occupied by the staff member immediately prior to the taking of maternity, adoption or other parent leave has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed to a position of the same grade and classification as the staff member’s former position.

 

(l)         A staff member does not have a right to her/his former position during a period of return to work on a part-time basis. If the Commissioner approves a return to work on a part-time basis then the position occupied is to be at the same classification and grade as the former position.

 

(m)       A staff member who has returned to full time duty without exhausting their entitlement to 12 months unpaid maternity, adoption or other parent 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 Commission) must be given.

 

(n)       A staff member who is sick during her pregnancy may take available paid sick leave or accrued recreation or extended leave or sick leave without pay. A staff member may apply for accrued recreation 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.

 

(o)       A staff member may elect to take available recreation leave or extended leave within the period of maternity, adoption or other parent leave provided this does not extend the total period of such leave. 

 

(p)       A staff member may elect to take available recreation leave at half pay in conjunction with maternity, adoption or other parent leave subject to:

 

i.           accrued recreation leave at the date adoption leave commences is exhausted within the period of maternity, adoption or other parent  leave,

 

ii.          the total period of maternity, adoption or other parent  leave, is not extended by the taking of recreation leave at half pay

 

iii.         when calculating other leave accruing during the period of recreation leave at half pay, the recreation leave at half pay shall be converted to the full time equivalent and treated as full pay leave for accrual of further recreation, extended and other leave at the full time rate

 

(q)       If, for any reason, a pregnant staff member is having difficulty in performing her normal duties or there is a risk to her health or to that of her unborn child the Commissioner, should, in consultation with the member of staff, 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.

 

(r)        If such adjustments cannot reasonably be made, the Commissioner must grant the staff member 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 which ever is the earlier.

 

(s)        Communication during maternity, adoption or other parent leave

 

(1)        Where a staff member is on maternity, adoption or other parent leave and a definite decision has been made to introduce significant change at the workplace, the Commission shall take reasonable steps to:

 

(i)         make information available in relation to any significant effect the change will have on the status or responsibility level of the position the staff member held before commencing maternity, adoption or other parent leave; and

 

(ii)        provide an opportunity for the staff member to discuss any significant effect the change will have on the status or responsibility level of the position she held before commencing maternity, adoption or other parent leave.

 

(2)        The staff member shall take reasonable steps to inform the Commissioner about any significant matter that will affect the  decision regarding the duration of maternity, adoption or other parent leave to be taken, whether the staff member intends to return to work and whether he she intends to request to return to work on a part-time basis.

 

(3)        The staff member shall also notify the Commission of changes of address or other contact details which might affect the Commission’s capacity to comply with paragraph (1).

 

10.3.10 Public Holidays

 

The provisions of the Banks & Banks Holidays Act 1912 apply and provide for the following public holidays: New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Christmas Day, Boxing Day or such other public holidays that are proclaimed. The August Bank Holiday is replaced by the Public Service Holiday, to be taken on a day determined by the Commissioner between Christmas Day and New Year’s Day.

 

10.3.11 Sick Leave

 

Sick leave on full pay accrues to a staff member at the rate of 15 working days each calendar year and any leave not taken is accumulated. The entitlement for new staff starting after January is on a pro-rata basis. Once sick leave with pay is exhausted, sick leave without pay may be granted. Medical certificates must be provided for periods of sick leave in excess of 3 working days, taken on a strike day, consecutively with a public holiday and any time after giving notice of resignation or termination. Staff sick leave records to be reviewed after they have taken 5 occasions of sick leave that are not supported by a medical certificate in any period of 12 months.

 

10.3.12 Special Leave

 

Special leave is paid leave, which applies, to activities regarded as for Commission purposes and which are not covered by other forms of leave. Examples of when special leave may be granted are:

 

for jury service, subject to the provision of a certificate of attendance,

 

where staff are subpoenaed or called as a witness by the State, Territory or Commonwealth,

 

some trade union activities with the prior approval of the Commissioner,

 

other instances determined by the Commissioner.

 

10.3.13 Study Time & Examination Leave

 

The Commission encourages staff to undertake further study to enhance their skills and provides assistance in the form of study time and examination leave for approved part-time courses of study. An approved course is one that develops or enhances a staff member's skills and assists them to carry out their duties in the Commission.

 

Study Time - Is available for: attendance at lectures, tutorials, residential schools, field days etc, where these are held during working hours; necessary travel during working hours to attend lectures, tutorials etc., held during or outside working hours; and private study.

 

30 minutes study time is granted for each hour of lecture and/or tutorial attendance, up to a maximum of four hours per week (inclusive of travel time). The grant is the same for correspondence courses for which time granted will be calculated on the basis of the equivalent face-to-face course.

 

Block periods of study time may be granted for the research and thesis component of higher degrees, qualifying studies for admission to higher degrees, or honours studies on the following basis:

 

where a course at any level involves a thesis or major project as well as course work, the usual

 

study time would be granted for the course work, and ten days study time for the thesis/major

 

project component;

 

for qualifying studies entirely by thesis the grant is 10 days;

 

for masters degree studies by research and thesis only, the total grant is:

 

(i)         25 days for courses of 2 years minimum duration;

 

(ii)        35 days for courses of 3 years minimum duration.

 

for doctoral studies, the total grant for the full duration of the course is 45 days.

 

Examination Leave - Up to 5 days per year is available for the time actually involved in attending an examination as well as necessary travelling time during working hours. It is not available where an examination is conducted within normal class timetables during the term/semester and study time has already been granted.

 

10.4      Travelling Time Compensation

 

Staff, except Surveillance Operatives, who undertake approved travel to a location other than the Commission's head office to perform their work, may be compensated for the travelling time involved if it is additional to their normal travel time to and/or from head office:

 

Travel during bandwidth: is regarded as normal working hours, less normal travelling time.

 

Travel outside bandwidth: is paid at the normal hourly rate, less normal travelling time.

 

Waiting time: will be paid, less one hour, unless overnight accommodation is involved.

 

Periods of travelling time of less than 15 minutes; where sleeping facilities are provided; and where staff stop travelling for meal breaks, are not eligible for compensation. Travelling Time Compensation is paid at staff's current rate of pay with a maximum rate of the 1st Year Rate of ICAC Officer Grade 3. Time in lieu may be granted instead of payment. Time in lieu is calculated at the same rate as payment.

 

10.5      Overtime

 

ICAC Officers Grade 1-6 - who are directed to work outside of the Flex Bandwidth shall be paid overtime at the rate of:

 

1.          Monday to Saturday

 

150% (time and a half) for the first 2 hours and

 

200% every hour thereafter.

 

2.          Sunday

 

200% (double time)

 

3.          Public Holidays

 

(a)        Monday to Friday:

 

250% (double time and a half - includes normal salary rate) during bandwidth

 

250% (double time and a half) after bandwidth

 

(b)       Saturday & Sunday:

 

250% (double time and a half)

 

Overtime is paid at staff’s current rate of pay up to a maximum rate of Grade 5, Level 5. A minimum of 3 hours payment will be paid for overtime worked on weekends and public holidays or when staff are called back to duty. Time in lieu may be granted instead of payment. Time in lieu is calculated at the same rate as payment.

 

A Meal Allowance may be paid when an expense is actually incurred in obtaining a meal and staff ceased work for at least 30 minutes before or during the period of overtime (meal breaks during overtime are not to be counted as overtime). The Meal Allowances rates are those set from time to time by the Australian Taxation Office as the reasonable limits for the payment of overtime meal allowances.

 

Breakfast, when required to start work at or before 6 am

 

Lunch, on any Saturday, Sunday or Public Holiday when required to start before or at 8.30 am and until 1.30 pm or later; or, at or after 8.30 am and until 2 pm or later

 

Dinner, when required to work beyond 7.30 pm

 

ICAC Officers Grade 7-8 - are not entitled to the payment of overtime. However, where, in the opinion of the staff member's manager, ICAC Officers Grade 7-8 work excessive additional hours, their manager may approve compensation of not more than 7 hours leave in lieu to be taken within three months of the leave being granted.

 

Investigations staff Overtime Allowance - Investigators, Financial Investigators, Senior Investigators, Special Investigators (Financial and also Technical), Technical Operative, Surveillance Operatives and Surveillance Team Leader are paid an Overtime Allowance in lieu of overtime payments for overtime worked on weekdays. Overtime will be paid as per this clause for work on weekends and public holidays (including those which fall on weekdays). The allowance forms part of overall remuneration and is:

 

Investigators/Financial Investigators/Surveillance Operatives 9.1%

 

Senior Investigators/Special Financial/Technical Investigators/Surveillance Team Leader 8.7%

 

10.6      Performing Higher Duties

 

Where staff are directed to perform the duties of a higher grade position, in addition to the experience gained performing those duties, an allowance will be paid in the circumstances described here.

 

The allowance will be calculated by the difference between staff member's current salary and the nearest salary point of the ICAC Officer Grade of the position being acted in. Payment of the allowance will be as follows:

 

10 working days or less - No payment

 

11 or more working days - 100% difference for the full period, except if the staff member does not undertake all the duties and responsibilities of the higher position, a percentage of the difference is paid as agreed between the staff member and his/her manager.

 

10.7      Allowances & Loadings

 

10.7.1   Annual Leave Loading (ALL)

 

Each year, in the first pay period in December, staff will be eligible to be paid an ALL of 17.5% of the monetary value of up to four weeks Annual Leave accrued in the prior period of 1 December to 30 November. New staff will be paid a pro-rata allowance based on Annual Leave accrued from their entry on duty to 30 November.

 

The maximum rate at which ALL is calculated is the 5th Year rate of ICAC Officer Grade 7. ALL is not paid on resignation or dismissal but is paid on retirement and redundancy.

 

10.7.2   Associate's Allowance

 

Staff trained to be Associates will receive the allowance referred to in Schedule 2. The allowance will be paid fortnightly to Associates for recognition of annual training and being available to work as an Associate. A daily sitting fee will also be paid for each day of hearings. The allowance will be increased in line with the salary increases prescribed in this Award.

 

10.7.3   Community Language Allowance

 

Staff appointed as language aides under the Community Language Allowance Scheme (CLAS) will be paid the allowance referred to in Schedule 2. An annual review of whether the payment of the allowance is still applicable will be occur on the anniversary of receiving the allowance. The allowance will be increased in line with the salary increases prescribed in this Award.

 

10.7.4   First Aid Allowance

 

Staff appointed as First Aid Officers will be paid the allowances appearing in Schedule 2. These allowances will increase in line with the salary increases prescribed in this Award.

 

10.7.5   Incidents Allowance

 

A 12.2% Incidents Allowance is payable to Surveillance Officers and Surveillance Team Leader in compensation for change of shift; alteration of bandwidth; shift allowance; on-call allowance for days rostered off; and, on-call allowance for days rostered days on.

 

10.7.6   Travel Allowances - Accommodation, Meals & Incidentals

 

The parties agree that the arrangements for travel and meal allowances provided in this clause are to apply to ICAC staff only and do not constitute a precedent for any other department or agency.

 

(a)        Staff who undertake approved travel to perform their work are entitled to payment of a Travel Allowance to cover costs of accommodation, meals and incidentals, where such expenses are reasonably and necessarily incurred. The Allowance rates are those set from time to time by the Australian Taxation Office as the reasonable limits for the payment of these allowances.

 

(b)       Travel involving an overnight stay when accommodation is provided free of charge, a daily allowance as set by the Australian Taxation Office will be paid.

 

(c)        Travel involving no overnight stay, meals only may be paid at the rate set from time to time by the Australian Taxation Office.

 

Breakfast, when required to commence travel at or before 6.00 am

 

Lunch, when staff are unavoidably put to additional expense

 

or the additional expense, whichever is the lesser.

 

Dinner, when required to travel after 7.30 pm

 

(d)       Overseas Travel will be at the rate specified from time to time by the Australian Taxation Office as the reasonable limit.

 

10.7.7   Motor Car allowances

 

Where ICAC motor cars are not available, there is no convenient public transport and a car is necessary, approval may be given to staff to use their own motor car for official business. The allowance rates are determined by Premier’s Department. Current allowances appear in Schedule 2.

 

Where other transport is available but staff elect and the ICAC authorises, staff may use their own car. The specified journey rate applies up to the cost of the public transport alternative.

 

11.  Investigators, Surveillance Officers and Technical Services Officers

 

1.          An investigator, financial investigator, senior investigator, special investigator (financial), education, training and project officer, special investigator (technical), surveillance operative, the surveillance team leader and the technical operative employed by the ICAC at the time of making this award shall retain all entitlements under the award.

 

2.          The parties agree to consider the role and work of investigators, financial investigators, senior investigators, special investigators (financial) special investigator (technical), surveillance operatives, the surveillance team leader and technical operatives and the manner of their remuneration.

 

12.  Secure Employment Test Case - OHS Obligations

 

12.1      For the purposes of this clause, the following definitions shall apply:

 

12.1.1   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.

 

12.1.2   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.

 

12.2      If the employer engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises, the employer shall do the following (either directly, or through the agency of the labour hire or contract business).

 

12.2.1   consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

12.2.2   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.

 

12.2.3   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

 

12.2.4   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.

 

12.3      Nothing in this clause 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.

 

12.4      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 procedures of this award.

 

12.5      This clause has no application in respect or 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.

 

21.6      This clause will operate from 1 March 2006.

 

13.  Grievance & Dispute Resolution

 

These procedures are separate to the ICAC Grievance Policy for matters not related to this Award.

 

(i)         All grievances and disputes relating to the provisions of this award shall 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 department, if required.

 

(ii)        A staff member or persons engaged under Clause 12 may notify verbally or in writing their immediate supervisor, manager, grievance officer or union, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

(iii)       The immediate manager shall 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.

 

(iv)       If the matter remains unresolved with the immediate manager, the staff member or persons engaged under Clause 12 may request to meet the appropriate person at the next level of management in order to resolve the matter. This manager shall respond within two (2) working days, or as soon as practicable. This sequence of reference to successive levels of management may be pursued by the staff member until the matter is referred to the Commissioner.

 

(v)        If the matter remains unresolved, the Commissioner shall provide a written response to the staff member 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.

 

(vi)       A staff member, at any stage, may request to be represented by their union.

 

(vii)      The staff member, or persons engaged under Clause 12 or the union on their behalf, or the Commission may refer the matter to the New South Wales Industrial Relations Commission or another appropriate external agency if the matter is unresolved following the use of these procedures.

 

(viii)     The staff member, union, and the Independent Commission Against Corruption shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

14.  Variations to This Award and No Further Claims

 

This Award may be varied as provided for in the Award and the provisions of the Industrial Relations Act 1996.

 

There will be no further claims in relation to the issues covered by the Award during its operation. Subject to the Industrial Relations Act 1996 there shall be no industrial action relating to issues covered by this Award during its operation.

 

15.  Area, Incidence & Duration of This Award

 

This Award applies to all employees permanently, casually or temporarily employed under the ICAC Act. The Award does not apply to the ICAC Executive.

 

This Award rescinds and replaces the Independent Commission Against Corruption Award published 3 September 2004 (354 I.G. 227). It commences to operate on, and from 1 July 2006 and remains in force until 30 June 2008.

 

16.  Anti-Discrimination

 

(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, homosexuality, transgender identity and age.

 

(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 that, by its terms or operation, has a direct or indirect discriminatory effect.

 

(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.

 

(4)        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.

 

(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.

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

17.  Salary Packaging

 

The Commission supports the provision of salary packaging for non-SES staff. The range of items and the terms of salary packaging are set out in the ICAC Salary Sacrificing policy which is in accordance with Premier’s Department guidelines.

 

Schedule 1

 

ICAC Officer Classification Salary Rates

 

 

Schedule 2

 

Allowance Rates

 

1.          Associate’s Allowance (Clause 10.7.2)

 

Total allowance payable in 12 month financial year period not to exceed:

 

 

Allowance payable as follows:-

 

50% allowance payable to approved staff members on basis of training and availability

 

 

Daily rate

 

 

2.          Community Language Allowance Scheme (Clause 10.7.3)

 

 

3.          First Aid Officer Allowance (Clause 10.7.4)

 

 

4.          Casual Employees:

 

Persons employed on a casual basis will receive:

 

Loadings of

 

15% for Mondays to Fridays

 

50% for Saturdays

 

75% for Sundays

 

150% for Public Holidays

 

An additional payment of 1/12th in lieu of annual leave.

 

Minimum period of engagement of 3 hours.

 

Maximum period of engagement of 9 hours (excluding meal breaks) without the payment of overtime.

 

Overtime is paid at the overtime rates set out in Clause 10.5 of the Award, and based on the ordinary hourly rate plus 15% loading.

 

MONETARY RATES

 

Table 1 - Allowances

 

Effective 1 July 2006

 

 

Schedule 3

 

Casual Employees’ Entitlements

 

(i)         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 shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

(a)        The Commission must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(A)      the employee or employee's spouse is pregnant; or

 

(B)       the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(ii)        Personal Carers entitlement for casual employees

 

(a)        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 (iii) below 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 below in (d), and the notice requirements set out in (e).

 

(b)        The Commissioner 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)        The Commissioner 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.

 

(d)        The casual employee shall, if required,

 

(A)      establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

(B)       establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, a casual employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

 

(e)        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.

 

(iii)       A family member for the purposes of (ii) (a) above is:

 

(a)        a spouse of the staff member; or

 

(b)        a de facto spouse being a person of the opposite sex to the staff member who lives with the staff member as her husband or his wife on a bona fide domestic basis although not legally married to that staff member; or

 

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the staff member or of spouse or of de facto spouse of the staff member; or

 

(d)        a same sex partner who lives with the staff member as the de facto partner of that staff member on a bona fide domestic basis; or a relative of the staff member 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.

 

(iv)       Bereavement entitlements for casual employees

 

(a)        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).

 

(b)        The Commissioner 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)        The Commissioner 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.

 

(d)        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.

 

 

 

M. SCHMIDT J

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.