CROWN EMPLOYEES (SECURITY AND GENERAL SERVICES) AWARD 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1694 of 2007)

 

 

REVIEWED AWARD

 

Arrangement

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Monetary Rates

3.         Definitions

4.         Contract of Employment

5.         Hours

6.         Rostered Days Off Duty

7.         Rates of Pay

8.         Enterprise Consultation

9.         Additional Rates

10.       Shift Allowances

11.       Saturday and Sunday Work During Ordinary Hours

12.       Payment of Wages

13.       General Conditions

14.       Travelling Time and Expenses

15.       Outside Duties

16.       Lifting of Weights

17.       Sunday Work

18.       Overtime

19.       Call Back

20.       Mixed Functions

21.       Sick Leave/Personal Carer's Leave

22.       Public Holidays

23.       Recreation Leave

24.       Family and Community Services/Personal Carer’s Leave

25.       Parental Leave

26.       Extended Leave/Long Service Leave

27.       Other Forms of Leave

28.       Anti-Discrimination

29.       Dispute Resolution

30.       Non-Reduction of Existing Wages

31.       Exemptions

32.       Deduction of Union Membership Fees

33.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Table 2 - Allowances

 

3.  Definitions

 

Act means the Public Sector Employment and Management Act 2002.

 

Afternoon Shift means any shift finishing after 6.00 p.m. and at or before midnight.

 

Broken Shifts means the working of two or more shifts per day by an employee within the ordinary hours as specified in subclause (iii) of clause (5), Hours.

 

Casual Employee means an employee engaged and paid as such and who may be employed for a period of not more than ten (10) consecutive working days for each engagement but shall not include an employee required to work a constant number of ordinary hours each week.

 

Conditions Award means the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006

 

Day means the period from midnight to midnight.

 

Division Head means as defined in the Act

 

Early Morning Shift means any shift commencing at or after 5.00 a.m. and before 6.30 a.m.

 

General Services Officer Grade 1 - An employee engaged as a General Service Officer Grade 1 may be required to carry out a range of duties, which may include:

 

Making and/or serving morning or afternoon teas or lunches or other meals including washing up and other duties in connection with such work. In addition they may undertake a range of routine tasks under close supervision with set instructions, including basic clerical functions.

 

General Services Officer Grade 2 - An employee engaged as a General Service Officer Grade 2 may be required to carry out a range of duties, which may include:

 

Cleaning work of any description or the bringing into or maintaining of premises in a clean condition in Government offices, courthouses, police stations, technical colleges and other Government establishments.

 

General Services Officer Grade 3 - An employee engaged as a General Service Officer Grade 3 may be required to carry out a range of duties which may include but not be limited to any of the following:

 

(a)        Pick up and delivery of parcels, goods and furniture

 

(b)        General maintenance of departmental cars and parking areas

 

(c)        Furniture removal and storage

 

(d)        Driving of departmental motor vehicles as required including loading and unloading

 

(e)        Relief security duties

 

(f)         or clerical functions as required

 

(g)        or cleaning and gardening as required

 

(h)        Other duties as required

 

(i)         Routine or minor maintenance of such a nature so as not to require a qualified tradesperson

 

Part-Time Employee means an employee engaged by the week but who is required to work a constant number of ordinary hours each week less than the ordinary number of hours prescribed for weekly employees.

 

Night Shift means any shift finishing subsequent to midnight and at or before 8.00 a.m. or any shift commencing at or after midnight and before 5.00 a.m.

 

Security Officer - Grade 1

 

Means a person employed in one or more of the following capacities:

 

(a)        to watch, guard or protect persons and/or premises and/or property,

 

(b)        to respond to basic fire/security alarms at their designated site,

 

(c)        to monitor a single closed circuit television unit recording from a stationary camera,

 

(d)        as an employee stationed at an entrance and/or exit whose principal duties shall include the control of movement of persons, vehicles, goods and/or property coming out of or going into premises or property and including vehicles carrying loads of any description. This is to ensure that the quantity and description of such goods accords with the requirements of the relevant document and/or gate pass. The employee may also have other duties to perform, including as an area or door attendant or commissionaire in a commercial building;

 

A security officer Grade 1 may perform incidental duties that need not be of a security nature.

 

Security Officer - Grade 2

 

Means a person who is employed as one of the following:

 

(a)        A mobile patrol officer. This means an employee who is required to patrol two or more premises in a vehicle.  It also includes a security officer who, in order to perform his/her designated duties is required, as an integral part of those duties, to use a motor vehicle, or

 

(b)        A security officer who, as part of the shift or duty is required to monitor and act upon intrusion, detection equipment or access control equipment terminating in a televised display or computerised print-out;

 

A security officer Grade 2 may perform incidental duties which need not be of a security nature.

 

(c)        A caretaker whose presence is required for the protection, good order or convenient use of premises, and/or the cleanliness or upkeep of such, including routine or minor maintenance, but the work is not of a nature that requires a qualified tradesperson. A caretaker may also be required to receive and distribute stores.

 

Security Officer - Grade 3

 

Means a person employed substantially in a security and/or data input and/or a monitoring function within a central station and principally occupied in one or more of the following duties -

 

Monitoring, recording, inputting information or reacting to signals and instruments related to electronic surveillance of any kind; co-ordinating, checking or recording the activities of mobile patrol officers and static security officers; operating or monitoring any medium of verbal communication; or

 

A person, who in addition to performing the duties defined in Grade 2(b), monitors or acts upon integrated intelligent building management systems terminating at a visual display unit or computerised print-out that has the capacity for and requires data input from the security officer.

 

Seven Day Shift Worker: for purposes of this award, a seven day shift worker means an employee whose ordinary working period includes Saturdays, Sundays and/or Public Holidays on which the employee may be regularly rostered for work.

 

Union means the Liquor Hospitality and Miscellaneous Union - New South Wales Branch.

 

Weekly Employee means an employee engaged and paid by the week or fortnight, as the case may be.

 

4.  Contract of Employment

 

(i)         Employees under this award shall be engaged either as weekly employees, part-time employees, or casual employees.

 

(ii)        An employer may direct an employee covered by this award to carry out such duties as are within the limits of the employee's skill, competence and training.

 

(iii)       The employer shall clearly display at some place accessible to the employees, the commencing and ceasing time of ordinary hours of work.  One week’s notice must be given for any change to such hours, otherwise payment of overtime is incurred. Less than one week's notice may be given by mutual agreement between the employer and the employee.

 

(iv)       The employment of any employee other than a casual employee shall be terminated only by one week's notice or by the payment or forfeiture, as the case may be, of one week's wages in lieu thereof.

 

(v)        The employment of a resident Security Officer Grade 2b or 2c (as defined) engaged by the week shall only be terminated by three weeks' notice or by the payment or forfeiture, as the case may be, of three week's wages in lieu thereof.

 

(vi)       The employment of a casual employee may be terminated by one hour's notice.

 

(vii)      Notwithstanding the foregoing provisions, the employer may dismiss an employee at any time for misconduct or wilful disobedience and then shall be liable for payment only up to the time of dismissal.

 

(viii)     Termination of employment by an employer shall not be harsh, unjust, or unreasonable.

 

For the purposes of this clause termination of employment shall include terminations with or without notice.

 

Termination on the ground of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall constitute harsh, unjust, or unreasonable termination of employment.  This definition, without limiting the above, applies except where a distinction, exclusion, or preference is based on the inherent requirements of a particular position.

 

(ix)       On the termination of employment the employer shall, at the request of the employee, give such employee a statement signed by the employer, stating the period of employment and when the employment terminated.

 

(x)        On the termination of employment an employee shall return to the employer all uniforms, identity cards, vehicles, keys and all other items issued to employees.

 

(xi)       Mechanisation and Technological Changes - Three months notice of termination of employment must be given to an employee who has been employed for at least twelve months and has had their services terminated on account of the introduction, or proposed introduction, by an employer of mechanisation or technological changes in the industry in which the employer is engaged. This applies notwithstanding the provisions of subclauses (iii) and (iv).

 

(xii)      If there is a failure to give such notice in full:

 

(a)        the employee shall be paid at the rate specified for the employee's ordinary classification set out in Part B, Table 1 of this award, for a period equal to the difference between three months and the period of the notice given; and

 

(b)        the period of notice required by this subclause to be given shall be deemed to be service with the employer for the purpose of the Long Service Leave Act 1955, the Annual Holidays Act 1944, Public Sector Employment and Management Act 2002 or any Act, amending or replacing any of those Acts.  The right of the employer summarily to dismiss an employee for the reasons specified in subclause (vi), of this clause, shall not be prejudiced by the fact that the employee has been given notice pursuant to this subclause of the termination of the employment.

 

An employer who gives an employee notice of the termination of employment on grounds as set out in subclause (xi), must within fourteen days thereafter, give notification of the fact in writing to the Industrial Registrar, and the Secretary of The Australian Liquor Hospitality and Miscellaneous Workers' Union of Australia, New South Wales Branch. The employer must state the employee's name, address and usual occupation and the date when the employment terminated in accordance with the notice given.

 

5.  Hours

 

(i)         Security Officers: (Other than Caretakers)

 

(a)        Subject to the provisions of clause 6, Rostered Days Off Duty, ordinary hours of Security Officers shall not exceed one hundred and fifty-two in each roster period of twenty consecutive days.  Such hours shall be worked in not more than twenty shifts in each roster period.  The shifts shall not be more than eight consecutive hours in duration and only one shift shall be worked in any period of twenty-four hours.

 

(b)        Except in the case of change of shifts, notice of which has been given in accordance with subclause (iii), of clause 4, Contract of Employment, of this award, not more than six consecutive shifts in any period of seven consecutive days shall be worked without the payment of overtime.

 

(c)        The arrangement of working hours, as set out herein may be altered by agreement between the employer and the union.

 

(d)        In all cases shifts shall be continuous and time shall start from the commencement of the shift.

 

(e)        After four hours and no later than five hours from the commencement of each shift, a crib time of not less than thirty minutes shall be allowed, where it is reasonably practicable to do so.  Time allowed as crib time will be regarded as time worked and shall be paid for as such.

 

(ii)        Caretakers:

 

(a)        The ordinary working hours, exclusive of meal breaks, shall be an average of 38 per week. The hours shall be worked in shifts of no more than 8 hours duration from Monday to Friday inclusive.

 

In establishments operating Monday to Sunday the ordinary working hours shall be an average of 38 per week. The hours shall be worked in 5 shifts of no more than 8 hours duration from Monday to Sunday inclusive.

 

(b)        The employer shall fix the time for working such hours on such days in one, two or three shifts.

 

(iii)       General Service Officers Grade 2 & 3, (Cleaners And Basement Attendants)

 

The ordinary working hours, exclusive of meal breaks, shall not exceed an average of thirty-eight per week.  Such hours shall be worked as follows -

 

(a)        Day Workers: Between 6.30 a.m. and 6.00 p.m. Monday to Friday, inclusive.  These hours shall be worked on each day in one or two shifts of not more than eight hours total duration. An employee may commence thirty minutes earlier than the normal starting time or the ceasing time may be extended by thirty minutes.  This thirty minutes may be divided between the starting and ceasing time if mutually agreed to by the employer and the employee.

 

(b)        Afternoon Shift Workers: Between 4.00 p.m. and 12 midnight, Monday to Friday, inclusive, to be worked in one shift of no more than eight hours daily.

 

(c)        Early Morning Shift Workers: Between 5.00 a.m. and 2.00 p.m., Monday to Friday, inclusive, to be worked in one shift daily of no more than eight hours' duration.

 

(d)        Broken Shift Workers: Between 6.30 a.m. and 6.00 p.m. Monday to Friday inclusive, to be worked in two shifts daily, subject to the provisions of subclause (a) with respect to alterations in starting and ceasing times.

 

(e)        Night Shift Workers: Five shifts of not more than eight hours each, between 10.00 p.m. on Sundays and 6.30 a.m. on the succeeding day (Sunday to Friday) or five shifts of not more than eight hours between 6.00 p.m. and 6.30 a.m. on each day, Monday to Saturday, inclusive.

 

(f)         In establishments operating from Monday to Sunday the ordinary working hours shall be an average of 38 per week which shall be worked in 5 shifts of no more than 8 hours duration from Monday to Sunday inclusive. This is subject to the provisions of paragraphs (a), (b), (c),(d) and (e) of this subclause.

 

(iv)       General Services Officer Grade 1

 

The ordinary working hours, exclusive of meal times, shall not exceed an average of thirty-eight per week or eight per day. Such hours shall be worked in one or two shifts per day between 7.00 a.m. and 6.00 p.m. Monday to Friday inclusive.

 

In establishments operating from Monday to Sunday the ordinary working hours shall be an average of 38 per week, which shall be worked in one or two shifts per day between 7 a.m. and 6 p.m. from Monday to Sunday inclusive.

 

(v)        Casual Employees

 

For casual employees the ordinary working hours shall not exceed eight hours on any day or night or shift without the payment of overtime.

 

(vi)       Meal Breaks: (Other than Security Officers)

 

A meal break of not less than thirty minutes and not more than one hour shall be allowed for a meal. An employee shall not be required to work for more than five hours without a meal break.  The provisions of this subclause shall also apply to Caretakers (Security Officer Grade 2).

 

6.  Rostered Days Off Duty

 

(i)         Four-Week Work Cycle - Accrual Provisions:

 

(a)        Shiftworkers - Weekly Employees

 

Employees on shift work shall accrue 0.4 of an hour for each eight-hour shift worked to allow one complete shift to be taken off as a paid shift during every shift cycle.  This shift shall be paid for at the appropriate shift rate as prescribed by clause 10, Shift Allowances, of this award.

 

(b)        Dayworkers - Weekly Employees

 

The ordinary working hours shall be worked as a twenty-day four-week cycle, Monday to Friday inclusive. The cycle consists of nineteen working days of eight hours each, with 0.4 of one hour on each day worked accruing as an entitlement to take the twentieth day in each cycle as a day off paid for as though worked.

 

(c)        Part-Time Employees

 

Accrual of rostered day off credits for part-time employees may be accounted for in the calculation of the part-time rates. The rate includes provision for automatic crediting of one twentieth of all time worked towards rostered days actually taken as provided in subclause (iii) of this clause.

 

(ii)        Accrual and Paid Leave:

 

Each day of paid leave taken (excluding long service/extended leave and workers' compensation/accident] leave) and leave without pay during periods of closedowns occurring during any cycle of four weeks, shall be regarded as a day worked for accrual provisions.

 

(iii)       Rostering - Four Week Cycle:

 

(a)        Rostered days off shall be scheduled by mutual agreement between employees and the employer. This does not preclude an individual employee with the employer’s agreement, substituting another day for their rostered day off.

 

(b)        Except as provided by paragraph (c) of this subclause, at least four weeks notice shall be given to an employee of the weekday he/she is to be rostered off duty.

 

(c)        In the case of a breakdown of machinery or to meet the requirements of the establishment, the employer may, with the agreement of the majority of employees concerned, substitute another day for the employee’s rostered day off.

 

(d)        Under normal conditions, employees on a rostered day off that coincides with a pay day will be paid no later than the working day immediately following pay day.

 

(e)        Rostered days off may accumulate and in the case of school/college locations may be scheduled during vacation periods to suit the needs of the employer. Dates for the taking of such accumulated leave shall be agreed between the employer and the employee.

 

(iv)       Rostered Day Off Falling on a Public Holiday:

 

In the event of an employee's rostered day off falling on a public holiday, the employee and the employer shall agree to an alternative day off duty as a substitute. In the absence of agreement the substituted day shall be determined by the employer.

 

(v)        Work on Rostered Day Off Duty:

 

Subject to subclause (iii), Rostering - Four Week Cycle, of this clause, any employee required to work on their rostered day off shall only be paid in accordance with the provisions of clause 18, Overtime, of this Award.

 

(vi)       Sick Leave and Rostered Days Off:

 

Employees are not eligible for sick leave in respect of absences on rostered days off as such absences are outside their ordinary hours of duty.

 

7.  Rates of Pay

 

Rates of pay and allowances for classifications covered by this Award are provided for by the Crown Employees Wages Staff (Rates of Pay) Award 2007 or any instrument replacing such.

 

(i)         Weekly Employees - A weekly employee shall be paid according to the rate for the classification as set out in Table 1 of Part B of the Award.

 

(ii)        Part-Time Employees -

 

General Services Officer Grade 2 (Cleaners)

 

(a)        Part-time employees shall be paid at an hourly rate as set out in Table 1 of Part B for all ordinary time worked and for all paid leave.

 

(b)        The part-time rate includes provision for automatic crediting of one twentieth of all time worked towards rostered days as provided for in paragraph (c) of subclause (i) of clause 6, Rostered Days Off Duty.

 

(c)        The hourly rate prescribed by paragraph (a) of this subclause will be adjusted by the percentage movements in the weekly rate for a General Services Officer Grade 2 in subclause (i).

 

All Other Part time Employees:

 

(a)        For each hour worked during ordinary time, part time employees shall be paid the hourly equivalent of the appropriate weekly rate of pay prescribed by subclause (i) of this clause plus an additional amount of ten per cent.

 

(b)        The hourly equivalent for the purposes of this subclause shall be based on 38 hours where a part-time employee is not accruing credits towards rostered days off but is paid only for hours worked.

 

(c)        The hourly equivalent for the purposes of this subclause shall be based on 40 hours where a part-time employee is accruing credit for time worked towards rostered days off as provided for in paragraph (c) of subclause (i) of clause 6 Rostered Days Off Duty.

 

A minimum payment of three hours shall be made for each start. Part-time cleaners in small locations may be engaged on two hours per start where the total assessed cleaning area is 500 square metres or more, and no less than one hour per shift where the total assessed cleaning area is less than 500 square metres.

 

(iii)       Casual Employees:

 

(a)        A casual employee for working ordinary time shall be paid per hour one thirty-eighth of the weekly wage prescribed by this award for the class of work performed, plus 15 per cent.

 

(b)        A minimum payment of four hours shall be made for each start in the case of security officers and three hours for each start in the case of all other employees.

 

(iv)       The hourly rates of pay prescribed in subclause (ii) and (iii) of this clause, shall be calculated to the nearest whole cent.

 

8  Enterprise Consultation

 

Enterprises covered by this award shall establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.

 

9.  Additional Rates

 

(i)         Leading Hands Allowance:

 

Employees placed in charge of other employees shall be paid a weekly amount as set out in Item 1 of Table 2 in addition to their ordinary wages.

 

(ii)        Qualification Allowance:

 

An employee acting as a leading hand or a caretaker who has successfully completed a Cleaning Supervisors' Course or a course deemed by the employer to be of equivalent qualification, shall be paid an additional weekly amount as set out in Item 2 of Table 2. This amount shall be part of the ordinary rate of pay for all award purposes.

 

(iii)       First Aid Allowance:

 

An employee who is a qualified first-aid attendant and is employed to carry out the duties of a qualified first-aid attendant shall be paid an additional weekly amount as set out in Item 3 of Table 2.

 

(iv)       Boiler Attendant's Certificate

 

An employee required to hold a Boiler Attendant's Certificate shall be paid a weekly allowance as set out in Item 4 of Table 2 in addition to the ordinary rate of pay.

 

(v)        Refrigeration Driver's Certificate

 

An employee required to hold a Refrigeration Driver's Certificate of competency, 1st or 2nd Class (Air Conditioning) shall be paid a weekly allowance as set out in Item 5 of Table 2 in addition to the ordinary rate of pay.

 

(vi)       Contingency Allowance:

 

Employees engaged on any or all of the following duties

 

(a)        refuse disposal and/or sorting for incinerators and furnaces,

 

(b)        cleaning of ablution facilities,

 

(c)        clearing of minor plumbing blockages,

 

(d)        receiving appropriate stores or minor repair of non-electrical equipment,

 

shall be paid a weekly allowance as set out in Item 6 of Table 2.

 

(vii)      Toilet Allowance:

 

An employee required to work in toilets, on outside steps, outside marble or outside brass or required to scrub marble, terrazzo, rubber floor corridors or stairs which necessitate the employee kneeling shall be paid an additional weekly amount as set out in Item 7 of Table 2.

 

The cleaning of single sex toilets may be undertaken by both male and female cleaners as long as appropriate steps are taken to ensure that the toilets are not in use at the time of cleaning. Appropriate warning signs are to be supplied by the employer.

 

The toilet allowance is not applicable for an employee receiving the contingency allowance set out in Item 6 of Table 2.

 

(viii)     Multi-Purpose Machines Allowance:

 

Employees required to use multi-purpose machines, mobile sweeping machine and other similar mechanical equipment or operate fork lifts shall whilst so employed be paid an additional amount per shift or part thereof as set out in Item 8 of Table 2.

 

NOTE: A multi-purpose machine is one that performs three or more functions.

 

(ix)       Furniture Removal Allowance:

 

Cleaners required to be engaged in furniture removal for more than three hours on any day or shift shall be paid an additional allowance per shift as set out in Item 9 of Table 2.

 

(x)        Torches:

 

Where an employee is required to carry a torch it shall be provided and maintained in full working order by the employer. Employees providing their own torches shall be paid an allowance per shift as set out in Item 10 of Table 2 to cover the replacement of torch globes and batteries.

 

(xi)       Laundry Allowance:

 

Overalls and coveralls and any uniform where supplied or required to be worn by the employee shall be laundered or dry-cleaned at the employer's expense. In lieu of this, a laundry allowance as set out in Item 11 of Table 2 may be paid for each ordinary shift worked. In the case of security officers this subclause shall apply to shifts worked in accordance with the provisions of clause 5 (i)(b), Hours of this Award.

 

(xii)      Locomotion Allowance:

 

An employee required by the employer to use a motor cycle or other motor vehicle shall have such vehicle supplied and maintained by the employer.  If the employee uses his/her own vehicle they shall be reimbursed each week for each shift worked at the rate set out in Item 12 of Table 2. The employer shall reimburse the employee for the cost of fuel used on the employer's business. In the case of an employee providing a bicycle for use in the employer's business the payment shall be as set out in Item 14 of Table 2 for each shift worked.

 

The locomotion allowance shall only be paid where the use of a motor vehicle etc. is essential to the performance of an employee's main function.

 

The locomotion allowance does not apply to caretakers, who are eligible to receive allowances in accordance with Item 13 of Table 2. An employee receiving the locomotion allowance is not eligible to also receive a motor vehicle allowance as set out in Item 13.

 

(xiii)     Motor Vehicle Allowances:

 

(a)        Employees authorised to use a private motor vehicle in the performance of their duties where no public transport is available, or where the use of public transport is not appropriate for the particular duty concerned, shall be paid additional rates as set out in Item 13 of Table 2.

 

(b)        The rates contained in paragraph (a) are based on and shall move in accordance with the "Official Business Rate" payable under the provisions of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006 as varied, or any replacement award.

 

(c)        Where public transport is available employees may use such transport for approved travel and be reimbursed with the costs incurred.

 

(d)        Employees may elect to use a private motor vehicle (where the use of such is so authorised) and be paid additional rates as set out in Item 13 of Table 2 up to the cost of the available public transport.

 

(e)        An employee receiving a motor vehicle allowance pursuant to this subclause shall not also receive a locomotion allowance under Item 12 of Table 2.

 

10.  Shift Allowances

 

(i)         The following additional allowances for shift work shall be paid to employees other than Caretakers in respect of work performed during ordinary hours of shift as defined in clause 3, Definitions, of this award:

 

 

(ii)        Caretakers:

 

The following additional allowances shall be paid per hour:

 

 

(iii)       Broken Shifts

 

(a)        Employees working broken shifts shall be paid an additional daily amount as set out in Item 15 of Table 2 of Part B of the Award for each day so worked.

 

(b)        Employees working broken shifts shall also be paid a weekly excess fares allowance as set out in Item 15 of Table 2 of Part B of the Award.

 

NOTE:  An employee receiving broken shift allowance under the provisions of this subclause shall not receive the allowances provided for under subclause (i) and (ii) of this clause.

 

11.  Saturday and Sunday Work During Ordinary Hours

 

(i)         Employees required to work their ordinary hours on a Saturday or Sunday shall be paid for all time so worked at the following rates:

 

Saturday Work	time and one-half
Sunday Work	double time

 

(ii)        The allowances prescribed in this clause shall be in substitution for and not cumulative upon, the shift work allowances prescribed in clause 10, Shift Allowances, of this award.

 

(iii)       For the purpose of this clause, the rates prescribed shall apply in respect of ordinary hours of work only and shall apply to all employees including casual employees.

 

12.  Payment of Wages

 

(i)         All wages shall be paid fortnightly by electronic funds transfer on a Thursday as determined by the employer, and not more than forty-eight hours from the time when such wages become due.

 

(ii)        Wages may be paid into an employee’s bank or other account as specified by the employee.  The employer shall specify the day upon which wages shall be paid into such account.

 

(iii)       An employee kept waiting for wages on a payday shall be deemed to be working during the time kept waiting.  When wages are not paid into the employee’s bank or other account on the due date, the employee must notify the employer of such.  The employer must make every endeavour within two full working days to ensure the appropriate credit is paid into the nominated account, or that the issuing of a cheque for the appropriate amount is undertaken.  This provision will not apply where circumstances preventing payment of wages in such a manner is beyond the employer’s control.

 

(iv)       If payment is not made by the end of the two-day period, the employee is entitled to payment at overtime rates for performance of the next full day’s work.  The provisions set out in subclauses (i) to (iv) do not apply to periods of employment that are less than one full pay period.

 

(v)        Casual employees shall be paid within one hour of termination of employment.  Wages may in some circumstances be paid by cheque.

 

13.  General Conditions

 

(i)         Security Officers - All Grades

 

(a)        Security Licence: A Security Officer required to hold a Class 1 or Class 2 Security Licence pursuant to the provisions of the Security Industry Act 1997 shall have the cost of such licence reimbursed by the employer. Reimbursement will be made on completion of each twelve months or five years’ service, whichever applies to the term of the licence held.

 

(b)        Training:

 

All full-time Security Officers who during their current employment are required to undertake an approved training course nominated by the employer and as required by the provisions of the Security Industry Act 1997 (and Regulations), shall have the costs of such training courses reimbursed by the employer. This is provided that the undertaking of the said training course is a requirement of the employee's current position.

 

Reimbursable costs as referred to in paragraph 1(a) of this subclause shall include excess travelling expenses relating to the attendance at the said courses.

 

Employees shall be granted time off without loss of pay during ordinary hours to attend training courses as referred to in this subclause.

 

In cases where the courses are to be held outside the rostered shift of the employee required to attend the course, then:

 

The rostered shift should be altered so that the employee can attend during ordinary working hours; or

 

For the time spent attending the course, the employee can be granted time off in lieu on an hour for hour basis at a time convenient to the employer; or

 

The employee shall be paid for attending the course at ordinary time rates without the addition of penalties.  Such attendance shall not form part of the employee's ordinary roster for the purpose of clause 5, Hours, of this Award.

 

(c)        The employee may elect which is the preferred option from the above. The final determination regarding the option to be applied lies with the employer, having regard to the needs of the establishment.

 

(ii)        Security Officer Grade 2(b) and 2(c)

 

(a)        Where a Security Officer Grade 2b or 2c (as defined) is provided with accommodation, a deduction may be made from the wages for rent, fuel and lighting. The deduction shall not be more than the amount set out in Item 16 of Table 2.

 

(b)        An employer shall not require a resident Security Officer Grade 2b or 2c to vacate living quarters during annual leave period for use by a relieving caretaker, unless such arrangements are mutually agreed to between the said employee and the relieving employee.

 

(iii)       General

 

(a)        Accommodation for Meals: Employers shall allow employees to take their meals, crib breaks or tea breaks in a suitable place protected from the weather.  Every such employee shall be provided by the employer with adequate facilities for tea making and for heating food.

 

This provision shall not apply to mobile security officers.

 

(b)        Dressing Accommodation: Where it is necessary or customary for employees to change their dress or uniform, suitable dressing rooms or dressing accommodation and individual lockable lockers shall be provided.

 

(c)        Means of Exit: Provision shall be made for an exit for night employees in case of necessity.

 

(d)        Protective Clothing: In complying with the Occupational Health and Safety Act 2000 the following clothing and equipment will be issued. The clothing shall remain the property of the employer:

 

Wet weather coat with hood and trousers for employees who are required to work out of doors.

 

Rubber boots for employees who are required to work in "wet areas", i.e. toilets, ablution blocks and external areas where water is used as part of the cleaning process.

 

Protective eye wear for employees who are required to empty rubbish tins and tend incinerators, or work in areas where airborne particles are a hazard.

 

Long rubber gloves when using detergents or similar cleaning chemicals.

 

Leather gloves for employees who are required to collect rubbish bins, carry refuse and sweep outside areas.

 

Washable broad brim hats for employees who are required to work out of doors.

 

(e)        Work Clothing : Clean overalls or wrap-ons, gloves and safety footwear shall be supplied by the employer where they are required in undertaking duties.

 

14.  Travelling Time and Expenses

 

Where an employee is sent to work at a place other than their employer's recognised place of business, the employer shall pay all travelling time from the place of business to the job.  If the employee is required to return the same day to the employer's place of business, the employer shall pay travelling time back to the place of business.  An employee sent for duty to a place other than the employee's regular place of duty or required by the employer to attend a court or inquiry in connection with the employee's employment shall be paid reasonable authorised expenses.

 

15.  Outside Duties

 

All employees covered by this award shall clean outside as required and shall clean above floor or ground level as is safely accessible.  Where ladders are used the safety requirements of the Occupational Health and Safety Act 2000 must be complied with.

 

16.  Lifting of Weights

 

An employee shall not be required to lift by hand or carry weights in a manner that does not accord with the provisions of Chapter 4, Part 4.4, Manual Handling of the Occupational Health and Safety Regulation 2001.

 

17.  Sunday Work

 

An employee required to perform work on a Sunday shall be paid at the rate of double time, with a minimum payment of not less than four hours at such rate for each start.

 

18.  Overtime

 

(i)         For all work done outside ordinary hours the rates of pay shall be time and a half for the first two hours and double time thereafter. In computing overtime each day's work stands alone. All work performed after 12 noon on Saturday shall be paid for at the rate of double time.

 

(ii)        Meal Allowance - An employee who works overtime for one or more hours on any day or shift after the fixed ceasing time shall be paid for such day a meal allowance as set out Item 17 of Table 2 - Allowances, of Part B Monetary Rates.  This applies unless notice to work has been given to such employee on or before the termination of the previous shift or day, as the case may be.

 

(iii)       Where overtime or extra shifts are required to be worked, preference shall be given to employees as classified and covered by the terms of this award where it is reasonably practicable to do so.

 

(iv)       Where an employee is required to work overtime, the minimum break between the finishing of one period of work or shift and the commencement of another, shall be as set out below:

 

(a)        for shift workers, eight hours, including the normal changeover time if any;

 

(b)        for day workers, ten hours.

 

If on the instructions of the employer such an employee resumes or continues work without having the required period off duty, the employee shall be paid at double ordinary time until released from duty. The employee shall be entitled to be absent without loss of pay for ordinary working time occurring during such absence until they have had the required period off duty.

 

(v)        For the purposes of this clause ordinary hours shall be inclusive of time worked for accrual purposes as provided for by clause 5, Hours.

 

19.  Call Back

 

An employee who after leaving their place of employment, is required to return to the employer's premises for any reason other than carrying out rostered duties, shall be paid a minimum of four hours' pay at the appropriate rate for each such attendance.  This payment shall apply whether the employee was notified before or after leaving the place of employment.

 

This clause shall not apply where a period of duty is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.  The employee shall be given at least eight hours off duty, excluding travelling time in excess of thirty minutes and a meal break of thirty minutes, before there is a requirement to resume ordinary hours. An employee requested to resume duty before eight hours' rest is given shall be paid at double ordinary rates until such employee has been relieved from duty for a period of eight hours.

 

20.  Mixed Functions

 

An employee engaged for at least two hours on any day or shift on duties carrying a higher rate than the employee’s ordinary classification shall be paid the higher rate for such a day or shift.  Where an employee is engaged for less than two hours on any one day or shift, payment shall be at the higher rate for the time so worked.

 

An employee who is required to perform work temporarily for which a lower rate is paid, shall not suffer any reduction in wages whilst so employed. Any work of less than one week's duration shall be deemed temporary.

 

This clause shall not apply in situations where the higher duties result from the absence of an employee on a rostered day off.

 

21.  Sick Leave/Personal Carer’s Leave

 

(i)         The entitlement to sick leave shall be as follows:

 

(a)        Employees engaged under Schedule 1, Part 1 of the Act except TAFE General Service Officers assigned to work at TAFE premises:

 

(1)        Shall be entitled to sick leave in accordance with the Public Sector Employment and Management (General) Regulation 1996.  The Regulation provides for 15 days sick leave per year. Any untaken leave is cumulative. Sick leave on full pay accrues at the beginning of the calendar year. If an employee commences after 1 January, sick leave on full pay accrues on a proportionate basis for the year in which employment commences.

 

(2)        An employee absent from duty for more than 3 consecutive working days because of illness must furnish a medical certificate to the Division Head in respect of the absence.

 

(3)        An employee shall be put on notice in advance if required by the Division Head to furnish a medical certificate in respect of an absence from duty for 3 consecutive working days or less because of illness.

 

(b)        TAFE General Service Officers: in accordance with the TAFE NSW Sick Leave Policy published in the TAFE Commission Gazette No. 32 of 20/08/97

 

(c)        Ministerial Employees, engaged under Ministerial Authority: in accordance with the Uniform Leave Conditions

 

(ii)        Use of sick leave to care for a sick dependant - general

 

When family and community service leave, as outlined in clause 24 is exhausted, the sick leave provisions under clause (i) may be used by an employee to care for a sick dependant.

 

(iii)       Use of sick leave to care for a sick dependant - entitlement

 

(a)        The entitlement to use sick leave in accordance with this clause is subject to:

 

(1)        the employee being responsible for the care and support 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 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 step child, a foster child or an ex nuptial) parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(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:

 

(i)         'relative' means a person related by blood, marriage or affinity;

 

(ii)        'affinity' means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(iii)       'household' means a family group living in the same domestic dwelling

 

(b)        An employee with responsibilities in relation to a person who needs their care and support shall be entitled to use sick leave available from that year’s annual sick leave entitlement minus any sick leave taken from that year’s entitlement to provide care and support for such persons when they are ill.

 

(c)        Sick leave accumulates from year to year. In addition to the current year’s grant of sick leave, sick leave accrued from the previous 3 years may also be accessed by an employee with responsibilities in relation to a person who needs their care and support.

 

(d)        In special circumstances, the Chief Executive Officer or Managing Director may make a grant of additional sick leave. This grant can only be taken from sick leave accrued prior to the period referred to in paragraph (c).

 

(e)        If required, a medical certificate or statutory declaration must be made by the employee to establish the illness of the person concerned and that the illness is such to require care by another person.

 

(f)         The employee is not required to state the exact nature of the relevant illness on either a medical certificate or statutory declaration and has the right to choose which of the two methods to use in the establishment of grounds for leave.

 

(g)        Wherever practicable, the employee shall give the Chief Executive Officer or Managing Director prior notice of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee. They must also give reasons for taking such leave and the estimated length of absence. If the employee is unable to notify the Chief Executive Officer or Managing Director beforehand, notification should be given by telephone at the first opportunity on the day of absence.

 

(h)        In normal circumstances, the employee must not take leave under this subclause where another person has taken leave to care for the same person.

 

22  Public Holidays

 

(i)         The days on which the following holidays are observed shall be holidays under this Award, namely New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day and any day which may hereafter be proclaimed a public holiday throughout the State. The Picnic Day of the Union shall also be observed as an additional holiday under this Award, to be granted on one of the three working days between Christmas and New Year's Day.  The specific date is to be advised to employees prior to December each year.

 

(ii)        Except as hereinafter provided -

 

(a)        Employees on weekly hiring shall be entitled to the above holidays without loss of pay;

 

(b)        Employees shall be paid at the rate of double time and one-half with a minimum payment of four hours at such rate for all time worked on the above holidays.

 

(iii)       For the purpose of this clause any employee whose ordinary hours of work commence before and continue past midnight shall be regarded as working on a holiday only if the greater number of working hours fall on the holiday, in which case all the time worked shall be regarded as holiday work.  If the number of ordinary hours worked before and past midnight is equal, all ordinary time worked shall be regarded as time worked on the day on which the shift commenced.

 

(iv)

 

(a)        Where a holiday occurs on the rostered day off of a seven day shift worker who is not required to work on the day, the employee is entitled to a day's ordinary pay in respect of such day. The employer may, in lieu of the payment of a day's ordinary pay, add a day to the recreation leave credit.

 

(b)        Where the worker is required to work on that day, the employer shall pay the employee a day's ordinary pay in respect of such time, plus time and one-half for the first eight hours (with a minimum payment of four hours) and double time and one-half thereafter.

 

(c)        Where the employment of a seven-day shift worker has been terminated and there is an entitlement to payment in lieu of recreation leave with respect to a period of employment, the employee shall also be entitled to an additional payment for each day accrued under this clause at the appropriate ordinary rate of pay.  This is provided that payment has not already been made in accordance with paragraph (a), of this subclause.

 

23.  Recreation Leave

 

(i)         The entitlement to recreation leave shall be as follows:

 

(a)        Employees engaged under Part 1, Schedule 1 of the Act except TAFE General Service Officers assigned to work at TAFE premises: in accordance with the Conditions Award.

 

(b)        TAFE General Service Officers: in accordance with the TAFE NSW Recreation Leave policy published in the TAFE NSW Gazette No.48 of 11/12/91.

 

(c)        Ministerial employees, engaged under Ministerial authority: in accordance with the Uniform Leave Conditions.

 

(ii)        Caretakers and Seven-Day Shift Workers -

 

(a)        In addition to the normal recreation leave provisions, a caretaker or seven-day shift worker, at the end of each year of continuous employment shall be entitled to an additional one week’s leave:

 

If during the year of employment only a portion of it has been served as a caretaker or a seven-day shift worker, the additional leave shall be 3.25 hours for each completed month of employment in those classifications. Where the additional leave is or comprises a fraction of a day, such fraction shall not form part of the leave period and shall be discharged by payment only.

 

(b)        Where the employment of a caretaker or seven-day shift worker is terminated and the person thereby becomes entitled to payment in lieu of recreation leave for a period of employment, such person also shall be entitled to an additional payment of 3.25 hours at their ordinary rate of pay for each completed month of service.

 

(iii)       For the purposes of this clause, a seven-day shift worker means an employee whose ordinary working period includes Sunday and /or holidays on which the employee may be regularly rostered for work.

 

Redundant as leave is provided in (i)

 

24.  Family & Community Services Leave

 

(i)         The Chief Executive Officer or Managing Director may grant family and community service leave to an employee:

 

(a)        for reasons related to the family responsibilities of the employee, or

 

(b)        for reasons related to the performance of community service by the employee, or

 

(c)        in a case of pressing necessity

 

(ii)        Family and Community Services Leave replaces Short leave.

 

(iii)       The maximum amount of family and community services leave on full pay that may be granted to an employee is:

 

(a)        2.5 working days during the first year of service and 5 working days in any period of 2 years after the first year of service, or

 

(b)        1 working day for each year of service after 2 years continuous service, minus any period of family and community service leave already taken by the employee, whichever is the greater period

 

(iv)       Family and community service leave is available to part-time employees on a pro rata basis, based on the number of hours worked.

 

(v)        Where family and community service leave has been exhausted, additional paid family and community service leave of up to 2 days may be granted on a discrete `per occasion’ basis on the death of a person defined in Clause 21(iii)a)(2).

 

25.  Parental Leave

 

The entitlement to parental leave shall be as follows:

 

(a)        Employees engaged Part 1, Schedule 1 of the Act, except TAFE General Services Officers, assigned to work at TAFE premises.: in accordance with the Conditions Award

 

(b)        TAFE General Services Officers in accordance with the TAFE NSW Maternity Leave policy published in the TAFE NSW Gazette No.10 of 9/6/04.

 

(c)        Ministerial employees, engaged under Ministerial Authority, in accordance with the Uniform Leave Conditions.

 

26. Extended Leave/Long Service Leave

 

(i)         The entitlement to extended leave/long service leave shall be as follows:

 

(a)        Employees engaged under Schedule 1, Part 1 of the Act except TAFE General Services Officers assigned to work at TAFE premises: in accordance with Schedule 3 of the Act

 

(b)        TAFE General Services Officers: in accordance with the TAFE NSW Long Service Leave policy published in the TAFE NSW Gazette No.2 of 16/02/87

 

(c)        Ministerial employees, engaged under Ministerial authority in accordance with the Uniform Leave Conditions.

 

27.  Other Forms of Leave

 

(i)         Employees Engaged under Schedule 1, Part 1 of the Act Except TAFE General Services Officers Assigned to Work at TAFE Premises: in Accordance With the Public Sector Employment and Management (General) Regulation 1996 and the Conditions Award, Or Any Replacement Award,

 

(ii)        TAFE General Services Officers: relevant TAFE NSW Leave and Absence policies apply

 

(iii)       Ministerial employees, engaged under Ministerial Authority, : see Uniform Leave Conditions.

 

28.  Anti-Discrimination

 

(i)         It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(ii)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(iii)       Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(iv)       Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti‑ discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(v)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

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

 

(ii)        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."

 

29.  Dispute Resolution

 

Any dispute shall be dealt with in the following manner:

 

(i)         in the event of a claim, issue or dispute, the employee(s) and/or delegate(s) of the union will place the claim, issue or dispute before the immediate supervisor.  The immediate supervisor will take all reasonable steps to reply to the employee(s) and/or delegate(s) as soon as possible.

 

(ii)        Failing agreement, employee(s) and/or delegate(s) of the union will place the claim, issue or dispute before the Manager or his/her deputy.  The Manager or his/her deputy will take all reasonable steps to reply to the employee(s) and/or delegate(s) as soon as possible.

 

(iii)       If no agreement is reached at this stage on the claim, issue or dispute, the matter will be fully reviewed by the Secretary of the union or its representative and senior management. All reasonable steps will be taken to resolve the matter.

 

(iv)       Failing agreement, the claim, issue or dispute shall be referred to the Industrial Relations Commission of New South Wales for resolution.

 

(v)        All work shall continue normally while the above procedures are taking place.

 

30.  Non-Reduction of Existing Wages and Conditions

 

Wages And Conditions

 

(i)         Employees still in receipt of a 20% part-time loading shall continue to receive such loading under the protection of the Public Sector Employment and Management Act 2002.

 

(ii)        Existing employees as at 31 January 1992 shall not be compelled to work broken shifts or become seven-day shift workers in accordance with the provisions of this award.  However, employees engaged after 31 January 1992 may be required to work broken shifts or work ordinary hours over seven days of the week.

 

31.  Exemptions

 

(i)         This award shall not apply to persons currently employed in terms of Determination No. 768 of 1982 - Security Officers and Senior Security Officers, Various Departments, made pursuant to Section 130 of the Public Sector Employment and Management Act 2002 or any variation or replacement thereof.

 

32.  Deduction of Union Membership Fees

 

(i)         The Union shall provide the employer with a schedule setting out the Union’s fortnightly 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 fortnightly membership fees made under its rules.  Any variation to the schedule of Union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

(iii)       Subject to (i) and (ii) above, the employer shall deduct Union fortnightly membership fees from the pay 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)       Monies so deducted from employees’ pay will 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.

 

(v)        Unless other arrangements are agreed to by the Department of Education and Training and the Union, all Union membership fees shall be deducted on a fortnightly basis.

 

(vi)       Where an employee has already authorised the deduction of Union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

33.  Area, Incidence and Duration

 

(i)         This award shall apply to Crown employees employed under Part 1, Schedule 1of the Act and who are employed in the classifications contained in this Award or under Ministerial Authority, excluding the County of Yancowinna, within the jurisdiction of the Security and Cleaning, &c (State) Industrial Committee.

 

(ii)        This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Security and General Services) Award published 15 April 2005 (350 IG 68), as varied.

 

(iii)       The changes made to the award pursuant to the Award Review pursuant to 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 and from 18 December 2007.

 

(iv)       This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Rates of pay for this award are now contained in the Crown Employees Wages Staff (Rates of Pay) Award 2007.

 

 

Department of Education and Training

 

 

TAFE

 

 

Table 2 - Allowances

 

 

Department of Education and Training

 

 

TAFE

 

 

 

 

D. W. RITCHIE, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.