ROADS AND MARITIME SERVICES DIVISION OF THE
GOVERNMENT SERVICE OF NEW SOUTH WALES (WAGES STAFF) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Roads and Maritime Services Division of the Government of New South Wales.
(No. IRC 444 of 2013)
Before The Honourable Justice Staff
|
17 December 2013
|
AWARD
Arrangement
Clause No. Subject Matter
PART A - CORE CONDITIONS
SECTION 1 - APPLICATION AND OPERATION
1. Title
2. Parties
Bound
3. Definitions
4. Area,
Incidence and Duration
5. No Extra
Claims
6. Anti-Discrimination
7. Work
Health & Safety
SECTION 2 - TERMS OF EMPLOYMENT AND RELATED MATTERS
8. Employment
Categories
9. Apprentices
and Trainees
10. Employment
Obligations
11. Probationary
Period
12. Termination
of Employment
13. Secure
Employment
SECTION 3 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK
AND RELATED MATTERS
14. Hours of
Work
15. Accrued
Day Off
16. Meal
Breaks
17. Tea Break
18. Shift Work
19. Overtime
20. Recall to
Work
SECTION 4 - WAGES, ALLOWANCES AND RELATED MATTERS
21. Payment of
Wages
22. Rates of
Pay
23. Allowances
24. Higher
Duties
25. On-call
Allowance
26. Fares
& Travel
27. Transport
Provided by RMS
28. Distant
Work
29. Clothing
30. Tools
& Amenities
SECTION 5 - LEAVE AND PUBLIC HOLIDAYS
31. General
Provisions
32. Annual
Leave
33. Long
Service Leave (Extended Leave)
34. Sick Leave
35. Special
Sick Leave
36. Maternity
Leave
37. Adoption
Leave
38. Parental
Leave
39. Other
matters relating to Maternity, Adoption and Parental Leave
40. Family and
Community Service Leave
41. Study and
Examination Leave
42. Military
Leave
43. Special
Leave
44. Public
Holidays
SECTION 6 - COMMUNICATION AND CONSULTATION
45. Consultation
46. Grievance
and Dispute Resolution
47. Disputes
Relating to Work Health and Safety
48. Union
Contributions
49. Union
Representatives
SECTION 7 - CLAUSES OF SPECIFIC APPLICATION
50. Sydney
Harbour Bridge Maintenance Employees
51. Traffic
Signals Employees
52. Traffic
Emergency Patrollers
53. Tow Truck
Employees
PART B - PAY RATES AND ALLOWANCES
Table 1 - Rates of Pay, Non Trades (not applicable to
Broken Hill Workshop Employees)
Table 2 - Rates of Pay, Trades (not applicable to Broken
Hill Workshop Employees)
Table 3 - Rates of Pay, Broken Hill Workshop Employees
Only
Table 4 - Rates of Pay, Apprentices (not applicable to
Broken Hill Workshop Employees)
Table 5 - Other Rates and Allowances (not applicable for
Broken Hill Workshop Employees)
PART A - CORE CONDITIONS
SECTION 1 - APPLICATION AND OPERATION
PART A - CORE CONDITIONS
SECTION 1 -
APPLICATION AND OPERATION
1. Title
This Award is known as the Roads and Maritime Services
Division of the NSW Government Service (Wages Staff) Award (the "Award").
2. Parties Bound
2.1 The parties
bound by the Award are:
(a) Roads and
Maritime Services Division of the Government Service of New South Wales ("RMS");
(b) The Australian
Workers' Union, New South Wales;
(c) Construction,
Forestry, Mining and Energy Union (Construction & General Division) NSW
Divisional Branch;
(d) Electrical
Trades Union of Australia, New South Wales Branch;
(e) Transport
Workers' Union of Australia (New South Wales Branch);
(f) Automotive,
Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch;
(g) New South
Wales Plumbers and Gasfitters Employees Union.
(h) Barrier
Industrial Council;
(i) Broken Hill
Town Employees’ Union
2.2 Hereinafter,
parties other than RMS and Employees of RMS are referred to collectively as
"Unions".
3. Definitions
3.1 In this Award:
(a) the following
definitions apply unless otherwise specified:
"Adult Apprentice" means a person who
commences an apprenticeship with RMS at age 21 years or older;
"Apprentice" means an Employee engaged under
a recognised Apprenticeship.
"Alternative Arrangements": see clause 14.5;
"Casual Employee" means an Employee engaged
and paid as such;
"Continuous Shift Work": see clause 18.2(b);
"Continuous Work Pattern": see clause 14.6;
"Broken Hill Workshop Employees" means those
Employees employed in the Broken Hill Workshop whose classifications are
outlined in Part B of this Award.
"Chief Executive" means the Chief Executive
of the Roads and Maritime Services.
(Note: a reference to any action taken by the Chief
Executive or the Employer under this Award is, where appropriate, taken to mean
a reference to action taken by a delegate of the Chief Executive.)
"Crib break" means a break, which is treated
as time worked, where Employees remain available to carry out reasonably required
duties.
"De facto Partner" has the meaning set out in
the Interpretation Act 1987 (NSW);
"Defined Servicing Role" means a Mechanical
Tradesperson who is responsible for maintaining the service schedule and
planning for fleet items in a designated area, liaising with customers,
carrying out services at the workshop or in the field, ordering spare parts
(such as filters and oils) and maintaining stocks for servicing;
"Dispute": see subclause 46.2;
"Distant Work": see clause 28.2;
"Employee" means an Employee of RMS who is
employed pursuant to a classification set out in this Award.
"HDA" means Higher Duties Allowance (see
clause 24);
"Industry allowance" refers to the
requirement to work in the open on civil/mechanical engineering projects and subject
to climatic conditions (i.e. dust blowing in the wind, drippings from newly
poured concrete, sloppy and muddy conditions, lack of usual amenities
associated with factory work (eg. meal room, change rooms, lockers etc.);
"Inclement weather" means wet weather and/or
abnormal climatic conditions including, but not limited to, hail, cold, high
winds, severe dust storms, extreme high temperatures or any combination;
"Normal Work Cycle": see clause 14.4;
"Ordinary Shift Hours": see clause 18.2(a);
"Pay Day"; see clause 21.3;
"Public Holiday": see clause 44;
"Recall" means a request to return to work to
attend to an emergency or breakdown and includes a call-out and call-back;
"RMS" means the Roads and Maritime Services
Division of the Government Service of New South Wales, established under
Chapter 1A of the Public Sector Employment & Management Act 2002 (NSW);
"Regulator": see the Work Health and Safety
Act 2011 (NSW);
"SBU" means Single Bargaining Unit (see
clause 45.2);
"Shift Loading": see subclause 18.2(c);
"Shiftworker" means an Employee engaged and
performing shift work.
"Substantive Rate of Pay" means the rate an
Employee is paid on an hourly basis, paid according to the Employee’s contract
hours of work and the weekly wage for Employees classification.
"Trainee" means an Employee engaged by RMS
under a recognised Traineeship;
(b) unless a
contrary intention is expressed in this Award, a reference to a particular day
(for example, a Saturday), shall be construed according to its ordinary
meaning.
4. Area, Incidence and
Duration
4.1 This Award
shall apply to RMS, the Unions and to Employees.
4.2 This Award
shall commence from the first full pay period to commence on or after 1 July
2013, and shall have a nominal expiry date of 30 June 2014. This Award rescinds
and replaces the Crown Employees (Roads and Maritime Services - Wages Staff)
Award 2012 and the RMS (Wages Staff - Barrier Industrial Council) Enterprise
Agreement 2012.
4.3 Whilst this
Award rescinds and replaces the RMS (Wages Staff - Barrier Industrial Council)
Enterprise Agreement, it is the intention of the parties that Employees
formally covered by that Agreement as at 1 July 2013, but for entering into
this new Award, do not lose or gain pay or conditions as a result of merging
their conditions into this Award.
4.4 Any specific
provisions contained in section 7 of this Award shall take precedence to the
extent of any inconsistency over the general provisions contained in sections 1
- 6 of this Award.
5. No Extra Claims
5.1 The parties
agree that, during the term of this Award, there will be no extra wage claims,
claims for improved conditions of employment or demands made with respect to
the Employees covered by the Award and, further, that no proceedings, claims or
demands concerning wages or conditions of employment with respect to those
Employees will be instituted before the Industrial Relations Commission of New
South Wales or any other industrial tribunal.
5.2 The terms of
the preceding paragraph do not prevent the parties from taking any proceedings
with respect to the interpretation, application or enforcement of existing
Award provisions
6. Anti-Discrimination
6.1 It is the
intention of the Parties 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.
6.2 As such, it
follows that in fulfilling the obligations under the dispute resolution
procedure stated in this Award, all Parties (including Employees) have an
obligation 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 is consistent with the fulfilment of these obligations for the
parties to make an application to vary any provisions of this Award if they
believe it is directly or indirectly discriminatory.
6.3 Under the
Anti-Discrimination Act 1977, it is unlawful to victimise an Employee because
that Employee:
(a) has made a
complaint of unlawful discrimination or harassment, or
(b) may make a
complaint of unlawful discrimination or harassment, or
(c) has been
involved in a complaint of unlawful discrimination or harassment.
6.4 Nothing in this
clause is to be used to:
(a) promote any
conduct or act which is specifically exempted from anti-discrimination
legislation;
(b) enforce the
offering or provision of junior pay rates to people under 21;
(c) promote 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) prevent any
party to this award from pursuing matters of unlawful discrimination in any
State or federal jurisdiction.
6.5 This clause
does not create legal rights or obligations in addition to those imposed upon
all parties by the legislation referred to in this clause.
NOTE:
1. RMS and
staff may also be subject to Commonwealth anti-discrimination legislation.
2. Section
56(d) of the Anti-Discrimination Act 1977, states:
"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."
7. Work Health and
Safety
7.1 In this clause:
(a) 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 Employer;
(b) 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.
7.2 Any Employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the Employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(a) consult with
Employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(b) provide
Employees of the labour hire business and/or contract business with appropriate
work health and safety induction training including the appropriate training
required for such Employees to perform their jobs safely;
(c) 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
(d) 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.
7.3 Nothing in this
clause is intended to affect or detract from any obligation or responsibility
upon labour hire business arising under relevant legislation.
7.4 Where a dispute
arises as to the application or implementation of this clause, the matter shall
be dealt with pursuant to the disputes settlement procedure of this award.
SECTION 2 - TERMS OF
EMPLOYMENT AND RELATED MATTERS
8. Employment
Categories
8.1 Employees may
be engaged under any of the following employment categories:
(a) full-time;
(b) part-time;
(c) limited
duration;
(d) casual;
(e) apprenticeship/traineeship.
8.2 Full-time
Employees are engaged on a weekly basis of 38 ordinary hours per week.
8.3 RMS may engage
an Employee on a part-time basis in accordance with RMS policies and
procedures. The following conditions shall apply in relation to part-time
employment:
(a) the ordinary
hours of work shall be agreed and recorded in the letter of appointment, and
may be varied at any time in writing by agreement;
(b) wages and all
relevant entitlements are on a pro-rata basis;
(c) Employees may
work additional hours by agreement. Where additional hours are worked, the
additional hours will be paid as follows:
(i) for work
performed up to the normal daily working hours of full-time Employees
performing similar duties, the relevant hourly rate plus a loading of 4/48ths
in lieu of annual leave;
(ii) for work
performed in excess of the normal working hours of full-time Employees
performing similar duties, appropriate overtime rates.
(d) Employees
shall not be directed or placed under duress to move from full-time to
part-time work, or vice versa.
8.4 Employees may
be engaged on a Limited Duration basis for:
(a) a minimum
period of three months and a maximum period generally not exceeding 12 months;
or
(b) the duration
of a project with anticipated starting and finishing dates.
8.5 If an
Employee’s limited duration employment exceeds 12 months, the unions reserve
the right to raise the issue of "permanent employment status" for the
Employee, unless the Employee is employed for a specific project.
8.6 Limited-duration
Employees may be employed on a full-time or part-time basis and receive the pay
rates and conditions of employment as such.
8.7 Casual
Employees may be engaged either:
(a) for short
terms or emergency projects; or
(b) where required
intermittently over a specified period of time (eg. for traffic control).
8.8 Casual
Employees may not be engaged for a continuous period in excess of three months.
8.9 Casual
Employees are paid as follows:
(a) for each hour
worked, the appropriate hourly rate plus a 20% casual loading to compensate for
all leave other than long service leave;
(b) for each hour
worked outside the ordinary hours, at the applicable overtime rate plus a casual
loading of 20%;
(c) for a minimum
of three hours per engagement; and
(d) all relevant
allowances.
9. Apprentices and
Trainees
9.1 In this clause:
(a) "School
Based Apprentice" means an Employee who is undertaking an apprenticeship
under a training contract while also enrolled in the Higher School Certificate;
(b) "Deemed
Training Hours" means 25 per cent of the actual hours worked by a School
Based Apprentice on the job, and is calculated on a weekly basis. This is
intended to approximate the time spent in off-the-job training for full-time
students;
9.2 General
(a) Where an
Apprentice or Trainee loses time for any reason not considered satisfactory by
RMS, RMS may deduct an amount proportionate to that amount of time from the
Apprentice or Trainee’s weekly wage.
(b) A tool
allowance is included in the Apprentice rates of pay.
9.3 Adult
Apprentices
(a) Adult
Apprentices are paid the higher of the following rates:
(i) the rate
applicable to 4th year apprentices for the duration of the apprenticeship; or
(ii) for Employees
who were employed by RMS immediately before commencing the Adult
Apprenticeship, that rate applicable to the substantive position held with RMS
immediately prior to the commencement of the apprenticeship.
9.4 School based
Apprentices
(a) A School Based
Apprentice is paid the relevant hourly rate:
(i) for each hour
worked; and
(ii) for each
Deemed Training Hour.
9.5 The wages paid
for Deemed Training Hours may be averaged over the school term or year.
9.6 School Based
Apprentices progress through the wage scale at the rate of 12 months’
progression for each two years of employment as an apprentice.
9.7 The rates of
pay are based on a standard apprenticeship of four years. The rate of
progression reflects the average rate of skill acquisition expected from the
typical combination of work and training for a School Based Apprentice
undertaking the applicable apprenticeship.
9.8 An Apprentice
who converts from a School Based Apprenticeship to a Full-Time Apprenticeship
will have all their time spent as a Full Time Apprentice counted for the
purpose of progression through the wage scale set out in this Award. This
progression applies in addition to the progression achieved as a School Based
Apprentice.
9.9 Except as
provided by this clause, School Based Apprentices are entitled to pro rata
entitlements of all other conditions of employment contained in this Award.
9.10 The terms and
conditions of employment for Apprentices and Trainees shall be covered by this
Award, however Civil Construction Trainees will be paid in accordance with the
Crown Employees (Public Service Training Wage) Reviewed Award 2008 as varied
from time to time. Apprentices will be paid in accordance with Part B, Table 1.
10. Employment
Obligations
10.1 Employees must:
(a) carry out
duties that the Employee has the skills, competence and training to undertake
and are safe to perform, and are within the classification structure of this
Award;
(b) use the tools,
plant and equipment for which the Employee has been trained;
(c) wear
appropriate personal protective equipment.
10.2 Employees are
not required to work in a manner that promotes de-skilling.
10.3 RMS may require
an Employee to move from one work group to another to meet work requirements.
Generally, these changes in location will be limited to work groups within
100km. If the movement involves a change in location over 100km, the Employee’s
agreement to the change will be sought and the Employee will be paid the
appropriate entitlements as set out in clauses 26, 27 and 28. While performing
these duties the Employee will maintain their existing classification under the
Wages Classification Structure, except where the Employee is performing higher
graded work under the provisions of clause 24 - Higher Duties.
10.4 An Employee may
be stood down without pay during any period that the Employee cannot be
usefully employed due to strikes, work stoppages or any other reason for which
RMS cannot be held reasonably responsible, and where other reasonable alternative
duties are not available. This clause does not apply to stoppages due to wet
weather.
10.5 All truck
drivers are required to perform duties other than driving, loading and
unloading vehicles, where such duties are available. These duties must be
consistent with the work the Employee currently performs.
11. Probationary
Period
11.1 A probationary
period of three months applies to all new Employees. During the probationary
period, the Employee’s employment may be terminated by either party giving one
week's notice to the other party, or payment in lieu thereof. However, RMS can
terminate during the probationary period without notice if the Employee has
engaged in serious misconduct.
12. Termination of
Employment
12.1 After the
probationary period referred to in clause 11, an Employee can be terminated at
any time as follows:
(a) by the
Employee giving one week’s notice or the forfeiture of one week’s pay, or
(b) by the
Employer giving the required period of notice as set out in subclause 12.2, or
(c) without notice
for misconduct.
12.2 Unless
termination occurs for misconduct, the required period of notice by the
Employer will be:
Employee's Continuous Service with the Employer
|
Period of Notice
|
Not more than 1 year
|
1 week
|
More than 1 year and up to but no more than 3 years
|
2 weeks
|
More than 3 years but no more than 5 years
|
3 weeks
|
More than 5 years
|
4 weeks
|
Employees over 45 years of age who have more than 2
years of continuous service will be provided with an additional one (1) week’s
notice.
12.3 If an Employee
is on a week’s notice and during that time are absent from work without
permission, it will be considered that the Employee has abandoned their
employment.
12.4 If an Employee’s
employment is terminated, except for misconduct, the Employee is paid all
wages/leave entitlements due to them at the time of termination.
12.5 If an Employee’s
employment is terminated for misconduct or the Employee resigns, the Employee
is paid all wages/leave due to them within one week after termination or after
RMS is notified of the Employee’s resignation.
12.6 If RMS
terminates an Employee’s services for reasons other than misconduct or
incompetence, the Employee is paid one day’s ordinary wages for each Public
Holiday occurring within 10 calendar days after the Employee’s termination
date.
12.7 If more than two
Public Holidays occur within a seven day period, they are regarded as a group
of holidays. If the first day of the group occurs within 10 consecutive
calendar days after the termination date, the whole group is considered to
occur within the 10 consecutive days. For example, Christmas Day, Boxing Day
and New Year’s Day are regarded as a group.
12.8 If an Employee
is terminated "without notice" the Employee is paid wages up to the
time of termination only.
13. Secure Employment
13.1 The objective of
this clause is for the Employer to take all reasonable steps to provide its
Employees with secure employment by maximising the number of permanent
positions in the Employer’s workforce, in particular by ensuring that casual
Employees have an opportunity to elect to become full-time or part-time
Employees.
13.2 A casual
Employee engaged by a particular Employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
13.3 Every Employer
of such a casual Employee shall give the Employee notice in writing of the
provisions of this subclause within four weeks of the Employee having attained
such period of six months. However, the Employee retains his or her right of
election under this subclause if the Employer fails to comply with this notice
requirement.
13.4 Any casual
Employee who has a right to elect under this clause, upon receiving notice from
the Employer under this clause or after the expiry of the time of giving such
notice, may give four weeks notice in writing to the Employer that he or she
seeks to elect to convert his or her ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such
notice from the Employee, the Employer shall consent to or refuse the election,
but shall not unreasonably so refuse. Where an Employer refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
Employee concerned, and a genuine attempt shall be made to reach an agreement.
Any dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
13.5 Any casual
Employee who does not, within four weeks of receiving written notice from the
Employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
13.6 Once a casual
Employee has elected to become and been converted to a full-time Employee or a
part-time Employee, the Employee may only revert to causal employment by
written agreement with the Employer.
13.7 If a casual
Employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with this clause, the Employer
and Employee shall, in accordance with this paragraph, and subject to subclause
13.4, discuss and agree upon:
(a) whether the
Employee will convert to full-time or part-time employment; and
(b) if it is
agreed that the Employee will become a part-time Employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this Award or pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996
(NSW).
13.8 An Employee who
has worked on a full-time basis throughout the period of casual employment has
the right to elect his or her contract of employment to full-time employment
and an Employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and time of
work as previously worked, unless other arrangements are agreed between the
Employer and the Employee.
13.9 Following an
agreement being reached pursuant to this clause, the Employee shall convert to
full-time or part-time employment. If there is any dispute about the
arrangements to apply to an Employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
13.10 An Employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
SECTION 3 - HOURS OF
WORK, BREAKS, OVERTIME, SHIFTWORK AND RELATED MATTERS
14. Hours of Work
Note: See clauses
50-53 of section 7 for specific provisions for Sydney Harbour Bridge
Maintenance Staff, Traffic Signals Technical Assistants, Tow Truck Staff and
Traffic Emergency Patrollers. Where there is any inconsistency between clause
14 and section 7, the provisions in section 7 shall prevail over this clause to
the extent of any inconsistency.
14.1 An Employee’s
contract of employment is based on 38 ordinary hours worked each week.
14.2 A normal working
cycle consists of 152 hours and:
(a) is 19 working
days within a 20 day, four week period,
(b) is 8 hours
worked each day between 6.00am and 6.00pm. However, an Employee(s)’s normal
commencement time may be altered by agreement between the local manager and the
majority of staff to allow the Employee(s) to commence their ordinary hours of
work at 5.00am. The reason for such change may include, wanting to leave work
early on a day before a gazetted public or local public holiday or if it is
anticipated the day in question may be an extremely hot day.
(c) during this
cycle, 0.4 of one hour (24 minutes) of each day worked is accrued. This
entitles an Employee to one day off in each four week cycle, know as an "Accrued
Day Off (ADO)". Wages for accrued time are paid in the period during which
it was accrued.
14.3 Subclause 14.2
do not apply to Sydney Harbour Bridge maintenance staff (see subclauses
50.3-50.5 for the working hours of this group).
14.4 An Employee or
their work group may be required by local management to change starting/finishing
times and the time/hours an Employee works for the following reasons:
(a) geography,
climate or traffic conditions,
(b) specific
works, changes to hours, days or periods of the year (whole/part of a
depot/individual, or
(c) greater flexibility.
(d) the
Employee(s) will be given one (1) week’s notice of the change.
14.5 Flexible
Arrangements
(a) alternatives
to the normal work cycle include a:
(i) 9 day
fortnight
(ii) 4 day week;
or
(iii) any
alternative work arrangement approved by management and endorsed by the
Regional Consultative Group prior to implementation.
(b) If an
Employee’s working time/hours are varied consistent with subclause 14.5, the
Employee cannot work more than:
(i) 10 hours each
day between 6.00am and 6.00pm
(ii) 80 ordinary
hours each fortnight
14.6 Continuous work
patterns:
(a) Where local
management and the majority of Employees agree, the ordinary hours of work may
be varied to include work on Saturdays and Sundays within the average of 38
hours per week.
(b) If work
time/hours are varied consistent with this subclause, Employees are:
(i) paid 50% more
than the Employee’s ordinary rate for the first two hours and 100% more than
the Employee’s ordinary time rate thereafter for work on Saturdays that forms
part of the 38 hours per week average.
(ii) paid 100%
more than the Employee’s ordinary time rate for all work on Sundays that forms
part of the 38 hours per week average.
(iii) not required
to work on more than 10 consecutive days, and
(iv) rostered off
for at least four consecutive days within the two week cycle. Employees are not
paid for these days.
15. Accrued Day Off
Note: See clauses
50-53 of section 7 for specific provisions for Sydney Harbour Bridge
Maintenance Staff, Traffic Signals Technical Assistants, Tow Truck Staff and
Traffic Emergency Patrollers. Where there is any inconsistency between clause
15 and section 7, the provisions in section 7 shall prevail over this clause to
the extent of any inconsistency
15.1 If an Employee
works a 9 day fortnight under a flexible arrangement pursuant to subclause
14.5, they will receive one additional day off (making a total of two) in each
20 day, four week cycle.
15.2 If an Employee
works a 4 day week they will receive three additional days off (making a total
of four) in each 20 day, four week cycle.
15.3 For accrual
purposes:
(a) each day of
paid leave an Employee takes pursuant to subclause 14.2 (normal working cycle)
or subclause 14.5 (flexible arrangements), is counted as a working day
(b) any public
holidays occurring pursuant to subclause 14.2 (normal working cycle) or
subclause 14.5 (flexible arrangements), is counted as 8 hours.
15.4 By 30 September,
RMS and the unions develop an ADO calendar for the following year. In doing so,
they ensure that:
(a) ADOs fall
together with public holidays, where appropriate
(b) attention is
given to the dates on which ADOs are observed by the Building and Construction
Industry.
15.5 Once the new ADO
calendar is established it may be changed if local management and the majority
of staff (whole/part of a depot/individual) agree. Consideration is given to
changing the calendar so that ADOs are observed on days where road traffic is
likely to significantly reduce productivity (e.g. the last day of the school
term or local events such as the Bathurst car races).
15.6 It is essential
that local management and Employees designate additional days off where
flexible arrangements are implemented to best meet the anticipated needs of RMS
and to be equitable to Employees. Any additional days off should be
incorporated into the ADO calendar.
15.7 Local
management, in consultation with Employees, may require an Employee(s) to carry
out work on a programmed ADO, either indefinitely or for a prescribed length of
time. If you work on a programmed ADO the Employee shall:
(a) be given at
least one (1) week’s notice of the change
(b) be given a
copy of the program of alternative ADOs
(c) not be paid
penalty payments for this work, and
(d) be permitted
to take an alternative working day off as your ADO (Note: this day is unpaid).
15.8 RMS may require
an Employee to occasionally work on an ADO if the ADO:
(a) stops others
from carrying out their work
(b) results in
other Employees having to complete maintenance tasks outside normal working
hours
(c) delays a
project.
15.9 If an Employee
is required to work on their ADO without the notice period outlined in
subclause 15.7(a), the Employee shall:
(a) be paid at the
Saturday overtime rates
(b) permitted
another day off, where practical, before the end of the next work cycle. The
Employee is not paid for this day.
15.10 Employee(s) may
accrue a maximum of 5 ADOs providing there is agreement between:
(a) RMS and the
unions on a statewide basis, or
(b) local management
and a majority of Employees (whole/part of a depot/individual)
15.11 For Employees on
an averaged work pattern, accrued days off will be taken according to the
agreed roster.
16. Meal Breaks
Note: See clauses
50-53 of section 7 for specific provisions for Sydney Harbour Bridge
Maintenance Staff, Traffic Signals Technical Assistants, Tow Truck Staff and
Traffic Emergency Patrollers. Where there is any inconsistency between clause
16 and section 7, the provisions in section 7 shall prevail over this clause to
the extent of any inconsistency.
16.1 This clause does
not apply to Shiftworkers. Crib entitlements for shift workers are set out
under the shift work provisions of this Award.
16.2 The following
provisions apply to Employees, other than Broken Hill Workshop Employees:
(a) Employees
shall receive an unpaid 30 minute meal break each day, to be taken between
11:30 am and 1:30 pm. The duration of the meal break may be extended up to a
maximum duration of one hour by agreement.
(b) RMS may delay
a scheduled meal break by up to 1.5 hours to finish essential work without the
payment of overtime or additional rates. Where an Employee, other than a Broken
Hill Workshop Employee, continues to work beyond 1.5 hours after the scheduled
meal break, the Employee shall receive payment at overtime rates until a meal
break is taken.
(c) Generally, an
Employee should not be required to work for more than 5 hours without a meal
break. However, an exception applies if you work on roads where clearway
arrangements apply. In such cases, local management and staff should discuss
the daily meal break with a view to maximising working time during non clearway
hours.
16.3 Broken Hill
Workshop Employees are entitled to a 30 minute paid meal break.
17. Tea Break
17.1 This clause does
not apply to Sydney Harbour Bridge maintenance workers.
17.2 Employees shall
receive a paid 20 minute morning tea break, as agreed with RMS. This break
should not necessarily cause work stoppage.
18. Shift Work
18.1 This clause outlines
the conditions for shift work. It does not apply to:
(a) Traffic
Signals Technicians Assistant
(b) Traffic
Emergency Patroller
(c) Sydney Harbour
Bridge Tow Truck Team Leader, Driver or Attendant
The conditions for shift work applicable to these roles
are detailed in section 7.
18.2 Shift work is
worked between:
(a) Sunday to
Thursday inclusive, or
(b) Monday to
Friday inclusive.
18.3 Arrangements for
working shifts are by agreement between local management and the majority of
staff, provided that the choice of shift patterns does not prevent RMS from
applying the shift work provisions to complete the work required.
18.4 For the purpose
of this clause only:
(a) "Ordinary
shift hours" means 152 ordinary hours worked in a four week work cycle (includes
any Alternative or Flexible Arrangements). In accordance with subclause
14.5(b), ordinary shift hours cannot be longer than ten hours.
(b) ‘Flexible
arrangements’. These arrangements must be agreed at a local level. Examples
include:
(i) 19 working
days of eight hours within a 20 day, four week cycle,
(ii) a nine day
fortnight, or
(iii) a four day
week.
(c) "Continuous
shift work" means work carried on with consecutive shifts of employees
throughout the twenty-four hours of at least six consecutive days without
interruption, except during breakdowns, meal breaks or due to unavoidable
causes beyond the control of RMS.
(d) "Early
morning shift" means any shift commencing at or after 4:00am and before
6:00am.
(e) "Afternoon
shift" means any shift commencing at or after 1:00pm and before 6:00pm.
(f) "Night
shift" means any shift commencing at or after 6:00pm and at or before
4:00am.
18.5 The following
loadings for ordinary shift hours apply, whether worked as a single shift or as
a combination of shifts:
Shift
|
Loading
|
Early morning
|
12.5%
|
Afternoon
|
25%
|
Night
|
50%
|
18.6 For Employees
whose normal shift is worked between:
(a) Monday and
Friday, the Friday shift starts before and finishes after midnight Friday.
(b) Sunday and
Thursday, the Sunday shift starts before midnight Sunday.
18.7 Employees who
work on a Saturday, Sunday or Public Holiday shall be paid at overtime rates,
provided that:
(a) Friday shifts
referred to in subclause 18.6 are paid at ordinary shift rates
(b) Sunday shifts
referred to in subclause 18.6 are paid at ordinary shift rates after midnight
Sunday.
18.8 Employees who
work in excess of the agreed ordinary shift hours on Sunday to Thursday or
Monday to Friday (excluding public holidays) shall be paid double-time.
18.9 Employees
required to work shift work shall be given at least 48 hours notice. If an
Employee’s shift hours are changed, they shall be notified by the finishing
time of their previous shift.
18.10 An Employee cannot
work more than one ordinary shift on any one day (e.g. a day shift and a night
shift). If an Employee is required to work a second shift on a given day, the
second shift is paid at overtime rates.
18.11 If an Employee
works a shift of less than five consecutive working days and it is:
(a) due to the
Employee’s actions, they shall be paid normal shift rates
(b) not due to the
Employee’s actions, they shall be paid overtime rates.
18.12 ADOs and Public
Holidays (including the picnic day) are counted as single days worked and form
part of the calculation towards the completion of five consecutive days worked
for the purpose of subclause 18.11.
18.13 Employees, other
than Broken Hill Workshop Employees (in which case subclause 16.3 applies)
shall receive a paid 30 minute crib break for each shift worked. Generally, the
crib break must commence within five hours from the start of the shift and may
be taken over several periods of time totalling 30 minutes.
18.14 If an Employee
does not work a complete four week cycle, the Employee shall receive pro-rata
accrued entitlements for each shift (or part shift) worked.
19. Overtime
Note: See clauses
50-53 of section 7 for specific provisions for Sydney Harbour Bridge
Maintenance Staff, Traffic Signals Technical Assistants, Tow Truck Staff and
Traffic Emergency Patrollers. Where there is any inconsistency between clause
19 and section 7, the provisions in section 7 shall prevail over this clause to
the extent of any inconsistency.
19.1 Employees may be
required to work a reasonable amount of overtime at overtime rates in addition
to the Employee’s ordinary hours of work. For the purposes of this clause, what
is reasonable or otherwise is determined with regard to:
(a) any risk to
health and safety;
(b) the Employee’s
personal circumstances, including family and carer responsibilities;
(c) the needs of
RMS;
(d) the notice (if
any) given by RMS of the requirement to work overtime and the notice (if any)
given by the Employee of the intention to refuse to work overtime; and
(e) any other
relevant matters.
19.2 An Employee may
refuse to work overtime in circumstances where the overtime would result in
unreasonable working hours.
19.3 Unless otherwise
specified in this clause, for Employees other than Broken Hill Workshop
Employees:
(a) overtime is paid
at the rate of time and one half for the first two hours and double time
thereafter.
(b) If an Employee
works outside ordinary hours the Employee is paid overtime at the following
rates:
Description
|
Pay rate
|
First two hours
|
Time-and-a-half
|
After the first two hours
|
Double-time
|
All work after 12 noon Saturday
|
Double-time
|
All work on Sunday
|
Double-time
|
All work on a Public Holiday
|
Double-time-and-a-half
|
Regular overtime that normally commences after
|
Time-and-a-half for the first two hours, then double-
|
12 noon on Saturday
|
time
|
19.4 Overtime worked
by Broken Hill Workshop Employees:
(a) before or
after ordinary hours of work and on Saturday and Sunday will be paid at the
rate of double time;
19.5 Overtime worked
by shift-workers is paid at the rate of double-time, unless the overtime is
worked on a public holiday, in which case it is paid at double time and one
half. Overtime for shift-workers is calculated on the ordinary rate of pay
exclusive of loadings, penalties and allowances.
19.6 For the purposes
of calculating the overtime rate, each day shall stand alone. If overtime is
worked before or after a shift and continues for an unbroken period during
which ordinary time is worked, overtime is calculated by reference to the total
hours worked.
19.7 10 Hour Break
(a) Subject to
subclauses 19.7(c), (e) and (f), an Employee who has worked overtime and has
not had 10 consecutive hours off duty after finishing the Employee’s last
shift, must have 10 consecutive hours off duty prior to recommencing work.
(b) If an Employee
works overtime on a Saturday, Sunday or Public Holiday, and these days are not
the Employee’s ordinary working days off or ADO, and the Employee has not had
10 consecutive hours off duty within the 24 hour period before starting their
next shift, the Employee must have 10 consecutive hours off duty after
finishing overtime.
(c) If an Employee
is instructed to resume or continue work without having the required 10
consecutive hours off duty, the Employee shall receive payment at the rate of
double-time until the end of duty. The Employee will be entitled to be absent
until 10 consecutive hours off duty have been taken.
(d) If the 10
hours off duty occurs during the Employee’s ordinary hours, RMS will not deduct
any amounts from the Employee’s pay.
(e) Subclauses
19.7(c)-(d) do not apply to an Employee who has been recalled to work whilst on
Standby and the period of time actually worked is less than 4 hours.
(f) In the case of
shift workers, a reference to 10 hours in this clause is taken to be 8 hours
if:
(i) the overtime
is worked for the purpose of changing shift rosters;
(ii) the Employee
is required to replace other shift workers who do not report for duty; or
(iii) the overtime
is worked by arrangement between the Employee and other Employees.
19.8 Employees, other
than Broken Hill Workshop Employees, required to work overtime on a Saturday,
Sunday or Public Holiday shall receive a minimum of four hours pay at the
appropriate rate.
19.9 Except in
emergencies, an Employee must not work more than half an hour of overtime if
the Employee is completing holes for firing and before firing if the Employee
is excavating sandstone or working underground.
19.10 An Employee who is
required to work two or more hours of overtime after their normal finishing
time shall receive a 30 minute crib break without loss of pay after the first
two hours, and a further paid 30 minute break after each additional four hours
of overtime worked after the initial two hours. To qualify for this entitlement,
work must continue after the crib break.
19.11 An Employee who
works overtime on a Saturday, Sunday or Public Holiday shall receive a crib
break of 30 minutes without loss of pay if work continues after 12 noon.
19.12 Despite any other
provision in this Award, an Employee and the Employee’s manager/supervisor may
agree to a meal or crib break being taken at any time (including at the end of
the period of overtime) subject to any relevant Work Health and Safety
guidelines.
19.13 An Employee, other
than a Broken Hill Workshop Employee, who is required to work more than 1.5
hours after the Employee’s normal finishing time, shall be provided with
either:
(a) a meal; or
(b) a meal
allowance to the amount set out in Part B.
19.14 A further meal or
meal allowance shall be provided to Employees, other than Broken Hill Workshop
Employees, after each additional 4 hours of continuous overtime following the
initial 1.5 hours.
Note: Employees who receive an accommodation allowance
that includes a payment for an evening meal are not entitled to payment under
subclauses 19.13 to 19.14.
20. Recall to Work
20.1 If an Employee
is recalled to work after leaving their job the Employee is paid a minimum of
four hours at overtime rates.
20.2 Subsequent call
out or call backs occurring within the four hour period of a call out or call
back do not attract additional payments.
20.3 If an Employee’s
call out or call back duties continue into what would be the Employee’s
ordinary working hours the Employee’s entitlement is calculated as follows:
(a) Overtime rates
continue until the minimum four hours have elapsed.
(b) Payment of the
Employee’s ordinary hours rate commences when the minimum four hours have
elapsed.
20.4 If any portion
of an Employee’s call out or call back period continues into the Employee’s
ordinary hours, those hours after the Employee’s ordinary starting time are
considered part of the Employee’s ordinary work hours.
20.5 Nothing in this
clause should be interpreted in a manner that gives rise to a claim:
(a) for the
payment of ordinary hours in addition to any payment for call out, nor
(b) that an
Employee has failed to meet their contract hours.
20.6 Payment for a
call out or call back is calculated from the time that an Employee departs for
work. Payment ceases when the Employee arrives at their residence or
accommodation after returning directly from the call out or call back. Payment
is made on the basis of a direct return to the Employee’s home or
accommodation.
SECTION 4- WAGES,
ALLOWANCES AND RELATED MATTERS
21. Payment of Wages
21.1 Wages are paid
fortnightly by electronic funds transfer into the Employee’s nominated bank
account. Wages for accrued time are paid in the period during which it was
accrued.
21.2 Each Employee will
receive a confidential docket with the following details:
(a) gross amount
and particulars of wages and allowances
(b) amount and
particulars of deductions
(c) classification
(d) date on which
payment is made
(e) period of
employment to which the payment relates
(f) amount and
type of deductions.
21.3 One day of each
pay period shall be recognised as the Pay Day. The pay period closes not more
than three working days before the Pay Day. An Employee who is not paid on or
before the Pay Day is paid at ordinary rates for all working time the Employee
is kept waiting.
21.4 For the purposes
of Employees who arrive to work late or leave early, and for the calculation of
overtime, working time is calculated to the nearest 0.1 hours (i.e. 6 minutes).
22. Rates of Pay
22.1 The rates of pay
in this Award are set out in Table 1, Part B of this Award. The pay rates
outlined in Table 1, Part B incorporate the following wage increases:
(a) 2.27 % from
the first full pay period to commence on or after 1 July 2013,
22.2 The pay rates in
this Award are based on the "RMS Wages Classification Structure".
22.3 Unless otherwise
provided for in this Award, the pay rates in this Award include compensation
for all disabilities associated with the performance of the work, and all
allowances previously rolled-up including, but not limited to, industry
allowance, special loading, leading hand allowance, tool allowance,
follow-the-job loading, annual leave loading, inclement weather allowance,
tradespersons allowance, dirty/hot, confined or awkward working conditions and
50 cents per week for holding a drivers licence (whether or not the Employee is
required to drive plant items or motor vehicles).
23. Allowances
23.1 Operative dates
and future increases in other rates and allowances
(a) Work related
allowances e.g. Sydney Harbour Bridge Allowances, increases in line with
percentage increases in rates of pay outlined in subclause 22.1 above, and
applies from the same operative dates.
(b) Expense
related allowances e.g. overtime meal allowance, increases in line with
movements of the same allowances and from the same operative dates as those
contained in the Crown Employees (Skilled Trades) Award.
23.2 General
(a) The allowances
described in this section do not form part of an Employee’s ordinary wage and
are not paid for all purposes of this Award.
(b) If more than
one of the allowances provides payment for disabilities of substantially the
same nature, only the highest rate is paid.
(c) Allowances are
paid irrespective of the time at which the work is performed and are not
subject to any premium or penalty conditions.
23.3 Asphalt plant
repairs allowance
(a) If an Employee
is a tradesperson, the Employee is paid an additional hourly amount or part of
an hour, as stated in Table 2, "Other Rates and Allowances", in Part
B of this Award for repairs, maintenance or alterations to the following
designated areas:
(i) dryer drum
(ii) hot elevator
(iii) single chute
(Bellambi)
(iv) screens
(v) weighing hopper
(vi) pug mill
(vii) scrubbing bins,
jets and scrubbing pits (Bellambi)
(viii) cyclone
(ix) hot bitumen
kettle (Bellambi)
23.4 First aid
allowance
(a) An Employee
who is appointed by RMS as a First Aid Attendant in accordance with its
policies shall receive an additional amount per day, as set out in Part B.
(b) A First Aid
Attendant is required to maintain relevant qualifications and training in
accordance with RMS policy.
23.5 Lead paint
removal allowance
Employees required to work on structures that are
primed with lead-based paint receive an hourly amount, as prescribed in Part B,
only for the period of time that the Employee is:
(a) fully
compliant with WHS management plans and safe systems of work; and
(b) performing any
one or more of the following tasks:
(i) abrading by
hand or mechanical means;
(ii) dry or wet
blasting inside containment;
(iii) grit recovery
inside containment;
(iv) bagging and
packaging lead contaminated waste;
(v) cleaning
filters and/or performing internal maintenance on dust extractors;
(vi) setting up,
operating and decommissioning the grit blaster (when using recycled materials),
dust extractor and grit recovery unit;
(vii) erecting
previously used containment sheeting;
(viii) removing and
disposing of containment sheeting;
(ix) flame cutting
or welding on the structure;
(x) decontaminating
and removing materials and equipment from within the confines of the
containment; or
(xi) bagging and
un-bagging of lead contaminated personal protection equipment.
23.6 Asbestos
Materials Allowance
Employees required to use materials containing asbestos
or to work with others using asbestos are provided with the necessary
safeguards as required by the appropriate work health and safety authority, and
Employees must use all supplied safeguards. In such cases, if the safeguards
make the wearing of protective equipment mandatory, such Employees shall
receive an hourly amount, as prescribed in Part B.
23.7 Asbestos
Eradication Allowance
(a) In this
clause, "Asbestos Eradication" means working in a building or its
surrounds to remove or neutralise any materials that contain asbestos.
(b) Where
Employees are engaged in Asbestos Eradication:
(i) all work must
be conducted in accordance with all relevant WHS legislation and requirements;
and
(ii) such
Employees shall receive an hourly amount as prescribed in Part B.
23.8 Long/wide load
allowance
Truck Drivers required to drive a loaded truck or
articulated vehicle (excluding vehicles included in the definition of Truck
Driver (Road Train)) which together with its load exceeds the specifications
below, shall receive the appropriate hourly amount with a minimum daily amount
as prescribed in Part B:
(a) 2.90m wide or
18.29m long or 4.30m high (measured from the ground level); or
(b) 3.36m wide or
21.34m long or 4.58m high (measured from the ground level).
23.9 Mechanical
trades allowances
(a) Mechanical
Tradespersons instructed to work alone from a designated remote location, shall
receive an allowance equivalent to 5% of the wage rate for a Mechanical
Tradesperson, Grade 1 for the period the Employee is required to work from that
location.
(b) Employees who
are instructed to carry out the Defined Servicing Role (refer clause 3 -
Definitions) shall receive an allowance equivalent to 2.5% of the wage rate for
a Mechanical Tradesperson, Grade 3 for the period the Employee is required to
carry out that role.
23.10 Sydney Harbour
Bridge Allowance
Sydney Harbour Bridge Maintenance Employees who are
directed to work on the steel (including apprentices) receive an additional
amount per week, as set out in Part B. This compensates for any disabilities
arising from the nature of the bridge structure and its environs and is paid
for all purposes of this Award.
24. Higher Duties
24.1 Subject to the
provisions contained in this subclause, Employees are entitled to the payment
of higher duties when they are directed to perform the duties of a position
graded higher than theirs.
24.2 The Higher
Duties Allowance (HDA) is payable for a minimum period of one day.
24.3 To be eligible
for HDA, an Employee must satisfactorily perform the major functions of the
position. The Employee is not eligible for the HDA payment if they are learning
the critical aspects of the higher graded position.
24.4 The Employee’s
manager or supervisor must approve the period of higher duties prior to the
Employee commencing in the higher graded position. Prior approval is also
required before any period of acting in higher duties is to be extended.
24.5 HDA is not applicable
to positions that are multi-graded (eg. HDA is not applicable if you are a
Roadworker Grade 2 working as a Roadworker Grade 3).
24.6 Higher Duties
Allowance (HDA) is only payable when:
(a) the Employee
fills an existing position during casual absences of the incumbent, including
absences due to leave;
(b) approval is
given to create and place the Employee in a temporary position that is intended
to exist for a limited-duration (for example, for specific projects);
(c) the Employee
is directed to perform certain functions for the purposes of maintaining
accreditation; or
(d) the Employee
is directed to perform the duties of the higher graded position while on
call-out or overtime because the regular person is unavailable. In such cases,
HDA is paid at an hourly rate only for the period of the overtime or call-out.
24.7 If the required
period of relief in a higher graded position is for six months or more,
expressions of interest must be sought from the local work area.
24.8 If the higher
duties position is a salaried position, the HDA is paid in accordance with RMS
Policy.
25. On-call Allowance
25.1 This clause does
not apply to Broken Hill Workshop Employees.
25.2 You may be
directed by RMS to be on-call for duty outside ordinary hours in order to
attend emergencies or breakdowns. If you are on-call, you are not required to
remain at home but you must be contactable and you must respond within a
reasonable time.
25.3 If you are on
call and are recalled to work you are paid a minimum of 4 hours at overtime
rates. In such cases, if the time actually worked is less than 4 hours, that
time worked does not affect your 10 hour break requirements, as stated in
subclause 19.7 (a) and (f).
25.4 If you are on
call, you are paid a daily allowance equivalent to two hours pay at single
rates for your ordinary classification for each night worked, Monday to
Thursday inclusive (apart from public holidays).
25.5 If you are on
call you are paid a daily allowance equivalent to eight hours pay at
single-time for your ordinary classification for the following:
Friday evening/Saturday
Sundays/Monday mornings
your ADOs, and
Public Holidays.
25.6 Where on call
provisions apply, if you are available you are allocated work according to a
roster or some other arrangement agreed by the majority of staff.
25.7 An Employee who
is directed to remain on standby at home, work or elsewhere in readiness to
work overtime for the purposes of snow clearing (Cooma), shall receive payment
at the hourly rate for the period of time that the Employee is directed to
remain on standby, and is not entitled to the payment of any on-call allowance
in respect of that period
26. Fares & Travel
26.1 General
(a) This clause
does not apply to:
(i) Employees
attached to the Sydney Harbour Bridge maintenance office;
(ii) Traffic
Signals Technicians Assistants;
(iii) Employees who
are provided with a work vehicle to travel between the Employee’s place of
residence and the job site; and
(iv) Broken Hill
Workshop Employees.
(b) Where an
Employee chooses to move their place of residence and this involves an
increased cost to RMS, RMS reserves the right to base the Employee’s
fares/travel allowance on the distance travelled from the previous original
residence.
26.2 Fares
(a) Subclause 26.2
applies to Employees who can establish a fare by a recognised public transport
route from their residence to their workplace or established pick-up point.
(b) Employees who
travel to and from work by public transport are reimbursed all fares actually
and necessarily incurred, in excess of the amount per week or the amount per
day, as prescribed in Part B, Table 2 "Other Rates and Allowances" of
this Award.
(c) Where an
Employee is provided with (or is offered by RMS) accommodation or equivalent,
and instead of utilising the accommodation provided the Employee elects to
travel from another location, the excess fares described in the above subclause
are not paid.
(d) Where an
Employee spends more than 10 minutes travelling each way between the nearest
stopping place of any public transport service and the Employee’s work, the
Employee shall receive payment for that time at the ordinary rate. Walking time
is calculated at a rate of 1 km every 12 minutes.
(e) Employees who
elect to travel by their own transport (or where public transport is
unavailable/impracticable) shall receive the fare equivalent of public
transport only.
(f) Employees must
provide sufficient information in the form designated by RMS to verify the
entitlement to the payment of fares:
(i) upon the
commencement of employment;
(ii) when fare or
address details change; and
(iii) when directed
to do so by RMS from time to time.
(g) Additionally,
Employees must indicate in each pay period on the timesheet whether fares are
claimed for all or part of that period ("Fare Claim").
(h) Employees who
fail to make a valid Fare Claim within 14 days of the date the expense was
incurred (or deemed to have been incurred), or who fail to verify their
entitlement to fares within 14 days from being required to do so pursuant to
this clause, shall not be entitled to any payment under this clause in respect
of those periods.
26.3 Travelling
Allowance
(a) The allowance
provisions provided by this subclause do not apply where payment is made in
accordance with subclause 26.2, Fares.
(b) If
accommodation is not provided, public transport is not available and RMS does
not provide transport, the Employee is paid an amount per day, as set out in
Table 2, "Other Rates and Allowances", in Part B, of this Award, for
the appropriate distance the Employee must travel, as follows:
(i) 3, but not
more than 10km
(ii) More than
10km but not more than 20km
(iii) More than
20km but not more than 30km
(iv) More than 30km
but not more than 40km
(v) More than 40km
but not more than 50km
(vi) More than 50km
but not more than 60km
(vii) More than 60km
but not more than 70km
(viii) More than 70km
but not more than 80km
(ix) More than 80km
but not more than 90km
(x) More than 90km
but not more than 100km
(c) If an Employee
is directed to report to the worksite, amenities are provided in accordance
with the WorkCover Code of Practice - Amenities for Construction Work.
(d) If an
Employee’s work or established reporting place is more than 100km from the
Employee’s residence, RMS provides accommodation, as per subclause 28.5 or
suitable transport.
(e) If RMS
provides accommodation and the Employee chooses to travel to and from the
Employee’s residence each day, RMS does not pay a travelling allowance in
excess of the 100km rate.
(f) If an Employee
chooses to move their place of residence and this involves an increased cost to
RMS, RMS reserves the right to base the Employee’s travel allowance on the
distance travelled from the Employee’s previous residence.
27. Transport Provided
By Rms
27.1 This clause does
not apply to Broken Hill Workshop Employees.
27.2 This subclause
will not apply if instead of using the Employee’s own vehicle where the
Employee would have received payment for fares and/or travelling, RMS provides
the Employee with a work vehicle to travel between the Employee’s place of
residence and the jobsite.
27.3 Where RMS
provides an Employee with a vehicle to travel to a worksite, RMS pays travel
time at ordinary rates for the time spent travelling in excess of:
(a) 10 minutes
each way from an established pick up point or a point no more than 3 km from
the Employee’s residence; or
(b) 20 minutes
each way when accommodation is provided.
27.4 Travelling time
will be paid for a maximum of three hours per day. All time in excess of this
is considered work time and travel time at overtime rates.
27.5 Vehicles must
leave promptly at finishing time.
27.6 If a worksite
does not have the facilities as outlined in the WorkCover Code of Practice - Amenities
for Construction Work, the time spent travelling is deemed work time or travel
time at overtime rates.
27.7 An Employee who
is the driver of an RMS vehicle shall receive payment for travel time at a rate
equivalent to overtime if the driver is required to transport other Employees
and materials to and from the worksite. If you are not the driver of such
vehicles you are paid travel time at ordinary rates.
27.8 Subject to
subclause 27.4, an Employee who uses an RMS vehicle to attend training or other
meetings, shall receive travel time at ordinary rates.
27.9 If RMS transfers
an Employee from one job to another during working hours, RMS must:
(a) pay the time
spent travelling as time worked or at overtime equivalent rates in accordance
with subclause 27.3 above, plus any additional fares incurred by the Employee;
and
(b) return the
Employee, unless the Employee requests otherwise, to the point from which the
Employee was transferred if RMS was unable to notify the Employee of the
transfer on the day before.
28. Distant Work
28.1 This clause does
not apply to Traffic Signals Technicians' Assistants, whose arrangements are
commensurate with salaried staff when engaged on Distant Work.
28.2 "Distant
Work" means employment at a workplace that requires an Employee to live
away from the Employee’s usual residence.
28.3 RMS will provide
at least two days' notice before it is necessary for an Employee to travel and
report for duty on Distant Work, except in case of emergency or unforeseen
circumstances.
28.4 Where possible
RMS provides transport to and from Distant Work at the beginning and end of
each work week/period. In this case the time spent travelling to and from
Distant Work is paid as per clause 27 (Transport provided by RMS). Where RMS
does not provide such transport, Employees shall be:
(a) reimbursed for
the specified journey at a set rate per kilometre, as prescribed in Part B if
the Employee uses their own private vehicle; or
(b) reimbursed for
the cost of fares and return fares if the Employee does not use their own
private vehicle.
(c) Employees will
be paid for the time spent travelling as per subclause 27.3.
28.5 Employees
required to report for duty on Distant Work, are provided with either:
(a) accommodation
and meals as follows:
(i) at an
established RMS camp;
(ii) at a well
kept establishment of at least 3 star motel accommodation (as defined in the
NRMA Accommodation Directory) in either a single room or a twin room if a
single room is not available;
(iii) if suitable
motel accommodation is not available, in a single room hotel or private
accommodation;
(iv) if suitable
motel, hotel or private accommodation is not available, at a caravan park; or
(v) If a suitable
caravan park is not available, in a caravan with a toilet, shower and air
conditioning or another agreed facility; or
(b) a daily
‘Country Allowance’ as prescribed in Part B, to provide for meals and overnight
accommodation. This allowance is only paid for days when an overnight stay is
involved.
28.6 If RMS provides
accommodation, an Employee may elect to receive the relevant amounts, as
prescribed in Table 2 for breakfast, lunch, dinner and any incidental expenses
incurred, in lieu of RMS providing, or paying directly for, meals.
28.7 If accommodation
and meal(s) are provided, the Employee is entitled to an incidental payment of
a set amount for each night spent away from their residence or normal reporting
place, as prescribed in Table 2.
28.8 If RMS and the
majority of staff engaged on Distant Work agree, the ADO may be taken at a time
mutually agreed, or accrued up to a maximum of five days.
29. Clothing
29.1 The work apparel
issued to Employees in accordance with this clause is in addition to any other
required personal protective clothing and equipment (PPE) issued by RMS.
29.2 RMS issues, free
of cost, the following work apparel:
Item
|
Number
|
Trousers*
|
Five in total, in
any combination
|
Shorts*
|
|
Long pants*
|
|
High-visibility, long-sleeve shirt*
|
Five in total, in
any combination
|
Cotton drill long sleeve shirt*
|
|
Windcheater (sloppy joe)
|
Two
|
Jacket (light, heavy or spray)
|
Two
|
Long socks
|
Five
|
Belt
|
One
|
Hat (stockman style)
|
One
|
Gear bag
|
One
|
*One pair of overalls may be substituted for any
pants/shirt combination
|
29.3 Work apparel is
replaced on a "fair wear and tear, new for old" exchange basis.
29.4 It is a
condition of an Employee’s employment that they wear work apparel issued to
them by RMS while on duty.
29.5 If an Employee
elects to wear cotton drill shirts, the Employee must wear an approved,
high-visibility garment over the Employee’s shirt when they are working near
traffic.
29.6 Employees are
responsible for the cost of cleaning and maintaining RMS-issued work apparel.
29.7 Casual Employees
are initially issued with two sets of trouser and shirt combinations plus other
essential items (e.g. belts, socks). All other items are issued on a needs
basis (e.g. winter jackets).
29.8 RMS must provide
Employees with personal protective clothing and equipment (PPE), as stated in
Safe Working Method Statements (SWMS), to ensure the Employee’s health and
safety in the workplace.
30. Tools &
Amenities
30.1 Tools
(a) RMS provides
Employees with all necessary special tools required to perform your work.
(b) RMS insures
each Employee’s tools against loss or damage by fire whilst the tools are on
RMS premises or worksites. RMS may require Employees to provide a list of all
their tools.
(c) RMS will
reimburse an Employee for loss of their tools up to the value prescribed in
Part B if RMS requests that the tools be stored on the job and the tools are
subsequently stolen by break and enter outside ordinary working hours.
(d) If a Broken
Hill Workshop Employee is required to supply tools, the RMS will pay a tool
allowance of $1.30 per day.
30.2 Amenities
(a) Amenities
shall be provided in accordance with the Workcover Code of Practice - Amenities
for Construction Work. However, where amenities cannot be provided in
accordance with relevant guidelines, and an Employee is required to report
directly to the worksite, the time spent travelling to and from the worksite is
deemed work time or travel time at overtime rates.
(b) An Employee
who is a tradesperson, shall be provided with a suitable, secure, weatherproof
lock-up at the workplace for the Employee’s tools. If a lock-up is not provided
and the Employee’s tools are stolen by reason of RMS’s negligence, RMS
compensates the Employee for the loss in accordance with subclause 30.1.
(c) RMS provides
cool drinking water and, where a morning tea break applies, tea and coffee
making facilities.
SECTION 5 - LEAVE AND
PUBLIC HOLIDAYS
31. General Provisions
31.1 All leave is
subject to RMS approval and must be applied for in advance, except in emergency
situations where prior notice cannot be given.
31.2 Employees who
are absent from work do not receive any payment unless the absence is covered
by paid leave under this Award, RMS policy or relevant legislation.
31.3 Although some
leave entitlements are stated in days, leave entitlements and the recording of
leave taken are in hours.
31.4 If an Employee
is appointed to RMS immediately from a position in the NSW Public Sector, the
Employee may transfer their accrued leave entitlements (recreation, sick,
family and community services and long service leave) to the Employee’s RMS
position.
32. Annual Leave
32.1 For Employees
other than Broken Hill Workshop Employees, annual leave accrues at
one-and-two-thirds days for each completed month of service, up to a maximum of
160 hours per year. Employees entitled to an extra week’s annual leave, accrue
the additional annual leave at the appropriate rate.
32.2 Broken Hill
Workshop Employees accrue annual leave at two and-one twelfth days for each
completed month of service, up to a maximum of 200 hours per year.
32.3 Annual leave
does not accrue in respect of unauthorised absences or leave without pay
exceeding five working days in a leave year, unless the leave is taken during
annual close down.
32.4 Employees can
apply to take annual leave. Annual leave is granted at the discretion of RMS
subject to operational requirements.
32.5 Annual leave
must be taken at a time convenient to RMS and the Employee. However, it is
preferred that periods of annual leave plus Public Holidays and ADOs be taken
in whole weeks, (i.e. Monday to Friday).
32.6 In exceptional
circumstances, RMS may allow you to accumulate leave up to 40 working days,
provided you agree to take your leave as soon as possible.
32.7 The current
practice of taking annual leave accrued to 31 December during the December -
January school holiday period will continue. This practice may be varied by
agreement between RMS management and the majority of affected Employees for
reasons including geographic, climatic or urgent works. In cases of such
variation:
(a) Employees may
take a minimum of two weeks annual leave for the Christmas period in addition
to the Public Holidays;
(b) the minimum
period may be reduced with agreement between management and the majority of
staff (the whole office, specific gangs or depots within an office), and the
balance of annual leave is then taken at a time that generally coincides with
school holidays.
32.8 If an Employee
does not have sufficient leave to cover a close-down period, RMS will seek to
provide the Employee with work. However, if work is not available RMS may
require the Employee to take leave without pay.
32.9 An Employee who
is required to take leave without pay during the annual close down period shall
receive payment for all Public Holidays occurring during this period. The close
down period counts as service for the purposes of annual leave accrual.
32.10 Seven day shift
workers whose ordinary working period includes Public Holidays and Sundays
shall receive:
(a) up to 5 weeks
of annual leave (i.e. an additional week of annual leave if you work this
arrangement for 12 months),
(b) additional
annual leave of up to one week calculated on a
pro rata basis if you work this arrangement intermittently.
33. Long Service Leave
(Extended Leave)
33.1 In this clause,
(a) "Service"
includes:
(i) prior service
with a NSW Government body that is recognised in accordance with Schedule 3A of
the Public Sector Employment and Management Act 2002 (as varied from time to
time);
(ii) all previous
full-time (including limited duration) and part-time service with Roads and
Maritime Services, the former Roads and Traffic Authority of New South Wales,
Department of Main Roads, Department of Motor Transport or the Traffic
Authority;
(b) "Service"
does not include:
(i) any period of
prior service where the accrual of long service leave or extended leave
entitlements for that service has been taken or paid out;
(ii) any period of
leave without pay, unless the Employee has 10 years Service and the leave
without pay falls within one or more of the following categories:
1. military
service (for example, Army, Navy or Air Force);
2. major
interruptions to public transport;
3. periods of
leave accepted as workers compensation;
4. the period of
leave without pay is approved and is for a duration of six months or less.
33.2 The entitlement
to long service leave (also referred to as extended leave) is set by the
Transport Administration Act 1988 (NSW). Where any inconsistency arises between
this clause and the relevant provisions of the legislation, the legislation
shall prevail to the extent of any inconsistency.
33.3 After completing
10 years Service, an Employee shall be entitled to long service leave of 44
days. An Employee shall accrue an additional 11 days of long service leave for
each additional calendar year of Service completed in excess of 10 years.
33.4 Employees who
have completed 7 years of Service shall be entitled to access their long
service leave accrual on a pro-rata basis of 4.4 working days per completed
year of Service.
33.5 For Employees
who are shift workers, the number of working days debited during a period of
long service leave may include a Saturday or Sunday that forms part of the
ordinary roster.
33.6 Subject to
approval, Employees may take long service leave at a time convenient to RMS,
for a minimum period of one hour, at full pay, half pay or double pay
(excluding public holidays falling within the period of long service leave,
which are paid at single time and not debited from the Employee’s long service
leave accrual).
33.7 If leave is
taken at double pay:
(a) the long
service leave balance is debited for the actual number of working days/hours of
leave at full pay, plus the equivalent number of working days/hours at full pay
necessary to make up the additional payment;
(b) the additional
payment is made as a taxed, non-superable allowance;
(c) leave
entitlements accrue based on the actual number of working days the Employee is
absent from work while on long service leave.
33.8 If leave is taken
at half pay:
(a) the long
service leave balance is debited at the rate of half the days/hours taken as
long service leave;
(b) annual leave
entitlements accrue at half the ordinary rate for the days/hours the Employee
is absent from work;
(c) other entitlements
accrue at the same rate for the actual days/hours the Employee is absent from
work.
33.9 If the
Employee’s ordinary hours of work are constant, payment is made at the
Employee’s current rate of pay. For part-time and casual Employees whose ordinary
hours are not constant, payment is made based on the substantive rate of pay
averaged over the past 12 months or the past 5 years, whichever is greater.
33.10 Payment for long
service leave includes all allowances in the nature of wages but does not
include any amounts normally paid for shift work, overtime, penalty rates or
disabilities.
33.11 Payment is
increased to reflect any increment action that the Employee becomes eligible
for whilst absent on long service leave.
33.12 An Employee who
takes a period of long service leave may elect to receive payment for the leave
in advance in a lump sum.
33.13 An Employee who is
sick for five or more consecutive days whilst taking a period of long service
leave and who provides a medical certificate to certify that the Employee was
unfit for work that period, may claim sick leave for that period.
33.14 If sick leave is
approved in accordance with this clause, the Employee’s long service leave
balance is re-credited as follows:
(a) if the
Employee is taking leave on a full or half pay basis, the equivalent period of
sick leave; or
(b) if the
Employee is taking leave on a double pay basis, the equivalent period of sick
leave and the extra amount of long service leave entitlement accessed to make
up the double pay allowance. In this case RMS shall recover, by way of payroll
deduction, any additional payment that has been made to the Employee pursuant
to the double pay arrangement.
33.15 Subclauses 33.13
to 33.14 apply if the Employee takes long service leave immediately prior to
retirement but not immediately prior to resigning or being terminated.
33.16 Employees with at
least five years’ but less than seven years' Service as an adult, shall be paid
pro-rata long service leave upon termination of employment for either of the
following reasons:
(a) by RMS for any
reason other than serious and wilful misconduct, or
(b) at the request
of the Employee in writing on account of illness, incapacity, domestic or other
pressing necessity.
33.17 Employees who are entitled
to receive payment for untaken long service leave on termination of employment,
including retirement, shall be paid the monetary value of the leave as a
gratuity in lieu of taking the leave.
33.18 Full-time
Employees who are eligible to receive payment for untaken long service leave on
termination shall receive such payment at the Employee’s substantive rate of
pay on the last day of Service.
34. Sick Leave
34.1 For each year of
service with RMS, Employees are entitled to a maximum of 96 hours of sick
leave. The yearly entitlement to sick leave is credited to Employees on 1
January each year.
34.2 Employees who
commence employment during the course of a calendar year are credited with a
pro-rata entitlement on commencement. However, RMS may defer the payment of any
sick leave taken during the first three months of service until after the
completion of three months’ service.
34.3 An Employee’s
entitlement to sick leave accumulates from year to year.
34.4 An Employee may
take sick leave if:
(a) the Employee
is not fit for work because the Employee is suffering from an illness or
injury;
(b) the illness or
injury is not attributable to misconduct; and
(c) the Employee
provides evidence that indicates the nature of the illness or injury. However,
an Employee who is concerned about disclosing the nature of the illness or
injury to their supervisor or manager may elect to have the application for
sick leave dealt with confidentially by an alternate manager or the Human
Resources section.
34.5 An Employee who
is unable to attend work due to an illness or injury must contact their
supervisor as soon as reasonably practicable, and preferably before the normal
starting time. The Employee must advise the supervisor of:
(a) the inability
to attend work;
(b) the nature of
the illness or injury (subject to subclause 34.4(c)); and
(c) the estimated
period of absence from work.
34.6 An Employee who
claims sick leave must provide a medical certificate:
(a) for absences
in excess of two consecutive working days;
(b) after the
Employee has taken more than 5 uncertified working days in a calendar year, for
all absences within the remainder of that calendar year; and
(c) where required
by RMS or in accordance with RMS policy.
34.7 As a general
practice, backdated medical certificates will not be accepted. However, if an
Employee provides evidence of illness or injury that only covers the latter
part of the absence, RMS may grant sick leave for the whole period at its
discretion if RMS is satisfied that the reason for the absence is genuine.
34.8 If RMS is
concerned about the diagnosis described in the evidence of illness produced by
the Employee, the evidence provided and the Employee’s application for leave
can be referred to a medical practitioner for advice after discussion with the
Employee. In such cases, the type of leave granted will be determined by RMS
based on the medical advice received, and if sick leave is not granted, RMS
will as far as practicable, take into account the wishes of the Employee when
determining the type of leave granted.
34.9 In accordance
with RMS policy, RMS may direct an Employee:
(a) to participate
in a return to work program if the Employee has been absent on a long period of
sick leave; and/or
(b) to attend a
medical assessment.
34.10 If an Employee has
exceeded five (5) uncertified sick days in a twelve (12) month period or where
an Employee exhibits a pattern of taking sick days immediately preceding or
following weekends, RDO/ADO, public holidays or any other planned absences from
the workplace, RMS may restrict your access to overtime.
34.11 Where an Employee
is required to provide a medical certificate in support of an absence, the
Employee may satisfy that requirement by providing evidence from any of the
following for absences up to and including 5 working days:
(a) a doctor;
(b) a dentist;
(c) an
optometrist;
(d) a
chiropractor;
(e) an osteopath;
(f) a
physiotherapist;
(g) an oral and
maxillo facial surgeon; or
(h) at RMS’s
discretion, another registered health services provider that satisfies RMS that
the Employee had a genuine illness.
34.12 Where the absence
exceeds five working days, and unless the health provider listed above is also
a registered medical practitioner, applications for any further sick leave must
be supported by evidence of illness from a registered medical practitioner.
34.13 An Employee who
has used all of their accrued sick leave and is unable to return to work due to
an illness or injury may take, subject to providing a medical certificate to
cover the absence:
(a) accrued annual
leave;
(b) accrued long
service leave; or
(c) sick leave
without pay.
34.14 Leave and Workers
Compensation Claims
(a) Employees who
are waiting on the outcome of a claim for worker's compensation may be granted
accrued sick leave. If the compensation claim is approved, the sick leave taken
is restored to the Employee’s accrual.
(b) If an Employee
is absent from work for more than 26 weeks and has:
(i) sufficient
sick leave available: the Employee may
use available sick leave to top up the difference between the statutory rate
and the Employees ordinary weekly wage, less any shift loadings or other
penalties
(ii) insufficient
sick leave available: the Employee will receive the statutory weekly compensation
payments only.
34.15 An Employee who is
sick and would otherwise be unable to attend work due to illness or injury
whilst taking a period of annual leave, may claim sick leave for that period
subject to providing a medical certificate to certify that the Employee was
unfit for work. If sick leave is approved in accordance with this clause, the
Employee’s annual leave balance is re-credited accordingly.
34.16 An Employee is not
entitled to receive sick leave for any annual leave taken prior to resigning or
the termination of their employment for any reason.
34.17 Previous periods
of employment are not taken into account for sick leave purposes.
35. Special Sick Leave
35.1 Employees who
have a good employment and sick leave record, have exhausted their paid sick
leave entitlement and have been suffering from a genuine prolonged illness,
shall be entitled, subject to Chief Executive approval in accordance with RMS
policy, to additional paid sick leave.
36. Maternity. Leave
36.1 An Employee who
is a female Employee (including a part-time and casual Employee who has worked
for RMS on a regular and systematic basis for at least 12 months), is entitled
to unpaid maternity leave to enable the Employee to retain their position and
return to work within a reasonable time after the birth of the Employee’s
child.
36.2 Unpaid maternity
leave may be granted on the following basis:
(a) up to nine
weeks before the expected date of birth;
(b) up to 12
months after the actual date of birth.
36.3 Paid maternity
leave may be granted to an Employee who is engaged on a permanent or limited
duration basis if the Employee has completed at least 40 weeks continuous
service in the NSW public sector prior to the expected date of birth of the
child.
36.4 Paid maternity
leave is paid at the ordinary rate of pay for:
(a) fourteen weeks
at full pay, or
(b) 28 weeks at
half pay, or
(c) a combination
of the two options above.
36.5 An Employee may
request that the paid maternity leave component be paid as a lump sum in
advance at the commencement of the period of maternity leave. The lump sum
payment is made up to the maximum period indicated in clause 36.4, or for the
period of leave actually taken, whichever is the lesser.
36.6 If an Employee
requests to be paid for maternity leave as a lump sum and then requests to
return to work before the period of leave is completed, the Employee must repay
the remainder of the lump sum amount.
36.7 An Employee is
not entitled to receive payment under this clause if the Employee has received
payment under clause 38 (Parental Leave).
36.8 If the child is
born before the expected date of birth, the Employee’s period of maternity
leave commences from the date of birth of the child.
36.9 An Employee who
commences a subsequent period of maternity leave or adoption leave within 24
months of commencing an initial period of maternity or adoption leave will be
paid as follows:
(a) at the rate
the Employee was paid before commencing the initial leave if the Employee has
not returned to work; or
(b) at a rate
based on the hours worked before the initial leave was taken, where the
Employee has returned to work and reduced the hours of work during the 24 month
period; or
(c) at a rate
based on the hours the Employee worked prior to the subsequent period of leave
where the Employee has not reduced the hours of work.
37. Adoption Leave
37.1 An Employee is
entitled to adoption leave if the Employee assumes the primary role in
providing care and attention to an adopted child.
37.2 Adoption leave
starts from the date of taking custody of the child.
37.3 All Employees
(including casual Employees who have worked for RMS on a regular and systematic
basis for at least 12 months) are entitled to unpaid adoption leave and this
may be taken as:
(a) short adoption
leave, being three weeks leave without pay; or
(b) extended
adoption leave up to 12 months on leave without pay including any short or paid
adoption leave.
37.4 Paid adoption
leave may be granted to an Employee who is engaged on a permanent or limited
duration basis if the Employee has completed at least 40 weeks continuous
service in the NSW public sector prior to taking custody of the child.
37.5 Paid adoption
leave is paid at the ordinary rate of pay for:
(a) fourteen weeks
or;
(b) 28 weeks at
half pay, or;
(c) a combination
of the above two.
37.6 An Employee may
request that the paid adoption leave component be paid as a lump sum in advance
at the commencement of the period of adoption leave. The lump sum payment is
made up to the maximum period indicated in 37.5, or for the period of leave
actually taken, whichever is the lesser.
37.7 If an Employee
requests to be paid for adoption leave as a lump sum and then requests to
return to work before the period of leave is completed, the Employee must repay
the remainder of the lump sum amount.
37.8 An Employee is
not entitled to receive payment under this clause if the Employee has received
payment under clause 38 (Parental Leave).
37.9 Where an
Employee’s partner is employed in the public sector, adoption leave is only
granted to one of the partners for each adoption.
37.10 An Employee who
commences a subsequent period of maternity leave or adoption leave within 24
months of commencing an initial period of maternity or adoption leave will be
paid as follows:
(a) at the rate
the Employee was paid before commencing the initial leave if the Employee has
not returned to work; or
(b) at a rate
based on the hours worked before the initial leave was taken, where the
Employee has returned to work and reduced the hours of work during the 24 month
period; or
(c) at a rate
based on the hours the Employee worked prior to the subsequent period of leave
where the Employee has not reduced the hours of work.
38. Parental Leave
38.1 An Employee
(including a casual Employee who has worked for RMS on a regular and systematic
basis for at least 12 months) who is not entitled to maternity or adoption
leave may be entitled to unpaid parental leave to enable the Employee, as a
parent, to share in the responsibility of caring for a child or children of the
Employee.
38.2 An Employee who
is employed on a Full-time or Part-time basis and who has completed at least 40
weeks continuous service within the NSW public sector, is entitled to paid
parental leave of one week at full ordinary pay or, if the Employee and RMS
agree, two weeks at half ordinary pay. The remainder of any requested leave is
treated as unpaid leave for the first 5 days or two weeks of leave taken.
38.3 An Employee may
take approved parental leave as:
(a) short parental
leave for an unbroken period of up to five working days at the time of the
birth or other termination of the spouse or partner’s pregnancy or, in the case
of adoption, from the date of taking custody of the child or children;
(b) extended
parental leave for a period not exceeding 12 months, less any paid or short
parental leave already taken, as outlined above. (NB. extended parental leave
is unpaid.)
38.4 An Employee may
commence a period of extended parental leave at any time within two years from
the date of the birth of the child or the date of placement of the adopted
child and leave may be taken:
(a) full-time for
a period not exceeding 12 months or;
(b) part-time over
a period not exceeding two years or;
(c) partly
full-time and partly part-time over a proportionate period of up to two years.
39. Other Matters
Relating to Maternity, Adoption and Parental Leave
39.1 Communication
during Maternity, Adoption and Parental Leave
(a) Where an
Employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, RMS 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 Employee held
before commencing maternity, adoption or parental leave; and
(ii) provide an
opportunity for the Employee to discuss any significant effect the change will
have on the status or responsibility level of the position the Employee held
before commencing maternity, adoption or parental leave.
(b) An Employee on
maternity, adoption or parental leave must take reasonable steps to inform RMS
about any significant matter that will affect the Employee’s decision regarding
the duration of maternity, adoption or parental leave to be taken, whether the
Employee intends to return to work and whether the Employee intends to request
to return to work on a part-time basis.
(c) The Employee
must also notify RMS of changes of address or other contact details which might
affect RMS’ capacity to comply with this clause.
39.2 Rights of
request during Maternity, Adoption or Parental Leave
(a) An Employee
who is entitled to maternity, adoption or parental leave may request that RMS:
(i) extend the
period of unpaid maternity, adoption or parental leave for a further continuous
period of leave not exceeding 12 months;
(ii) allow the
Employee to return from a period of maternity, adoption or parental leave on a
part-time basis until the child reaches school age;
to assist the Employee in reconciling work and parental
responsibilities.
(b) RMS 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 RMS’ business. Such grounds might include cost,
lack of adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) The request
and RMS’ decision made under this clause must be recorded in writing.
39.3 Re-engagement of
casual Employees
(a) Where the
Employee wishes to make a request to return to work on a part-time basis in
accordance with this clause, such a request must be made as soon as possible
but no less than seven weeks prior to the date upon which the Employee is due
to return to work from maternity, adoption or parental leave.
(b) RMS shall not
fail to re-engage an Employee who is a regular casual Employee (see section
53(2) of the Industrial Relations Act 1996) because the Employee is or has been
immediately absent on maternity, adoption or parental leave, or because the
Employee’s spouse is pregnant. The rights of RMS in relation to an Employee’s
engagement and re-engagement are not affected, other than in accordance with
this subclause.
40. Family and
Community Service Leave
40.1 In this clause, "Family
Member" in relation to an Employee means the Employee’s:
(a) spouse;
(b) De Facto
Partner;
(c) child or adult
child (including an adopted child, step child, foster child or ex-nuptial
child);
(d) parent
(including a foster parent or legal guardian);
(e) grandparent or
grandchild;
(f) sibling
(including the sibling of a spouse or De Facto Partner);
(g) relative who
is a member of the same household where, for the purposes of this definition:
(i) 'relative'
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
(ii) 'affinity'
means a relationship that one spouse or partner has to the relatives of
another; and
(iii) 'household'
means a family group living in the same domestic dwelling.
40.2 RMS may grant
family and community service leave for reasons related to unplanned and
emergency family responsibilities or other emergencies including, but not
limited to, the following reasons;
(a) compassionate
grounds, such as the death or illness of a close Family Member or a member of
the Employee’s household;
(b) emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
(c) emergency or
weather conditions; such as when flood, fire, snow or disruption to utility
services etc, threatens your property and/or prevents the Employee from
reporting for duty;
(d) attending to
emergency or unplanned or unforeseen family responsibilities, such as attending
a child's school for an emergency reason or emergency cancellations by child
care providers;
(e) attendance at
court by you to answer a charge for a criminal offence, only if the Chief
Executive considers the granting of family and community service leave to be
appropriate in a particular case.
40.3 Non emergency
appointments or duties shall be scheduled or performed outside normal working
hours or through approved use of other appropriate leave.
40.4 Family and
Community Service Leave may also be granted for the following reasons:
(a) an Employee’s
absence during normal working hours to attend meetings, conferences or to
perform other duties, for holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the Employee does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council; and
(b) an Employee’s
attendance as a competitor in major amateur sport (other than Olympic or
Commonwealth Games) or if the Employee is selected to represent Australia or
the State.
40.5 The maximum
amount of family and community service leave payable at ordinary rates that may
be granted is the greater of:
Conditions
|
Entitlement
|
In the first 12 months of services
|
19 hrs (2.5 days)
|
In the second year of service
|
19 hrs (2.5 days)
|
For each completed year of service after two years
completed service
|
7.6 hrs (1 day)
|
40.6 Family and
community service leave is available to Part-time Employees on a pro-rata
basis.
40.7 If an Employee’s
family and community service leave balance is exhausted, RMS may grant
additional paid family and community service leave of up to 3 days on a
discrete, 'per occasion' basis to cover the period necessary to arrange or
attend the funeral of a Family Member or relative.
40.8 Subject to
approval, an Employee’s accrued sick leave may be accessed when the Employee’s
family and community service leave has been exhausted, to allow the Employee to
provide short-term care or support for a Family Member who is ill.
40.9 Access to other
forms of leave is available for reasons related to family responsibilities or
community service, subject to approval. These include:
(a) accrued annual
leave (including single-day periods);
(b) leave without
pay;
(c) time off in
lieu of payment for overtime;
(d) make up time.
40.10 Depending on your
circumstances, you may take an individual form of leave or a combination of
leave options. It is RMS’s intention that each request for family and community
service leave be considered equitably and fairly.
40.11 An Employee who
was employed in the NSW Public Sector immediately prior to commencing
employment with RMS may transfer the Employee’s family and community service
leave accruals from the previous Employer.
40.12 An Employee who is
a Casual Employee is entitled to not be available to attend work, or to leave
work:
(a) upon the death
in Australia of a Family Member; or
(b) if the
Employee is required to care for a Family Member who is sick and requires care
and support, or who requires care due to an unexpected emergency, or the birth
of a child.
40.13 Where a Casual
Employee is unavailable to attend work for one of the reasons outlined above,
the Employee and RMS shall agree on the period for which the Employee will be
entitled to not be available to attend work. In the absence of agreement, a
Casual Employee is entitled to not be available to attend work for up to 48
hours (i.e. two days) per occasion. Such an Employee is not entitled to any
payment for that period.
40.14 If required by
RMS, a Casual Employee must produce evidence of the need to take the leave as
follows:
(a) in the case of
death, a death certificate or a statutory declaration providing details of the
circumstances of death;
(b) in any other
case, a medical certificate or a statutory declaration setting out the nature
of the illness or emergency, as applicable.
40.15 RMS shall not fail
to re-engage a Casual Employee who has accessed the entitlements provided for
in this subclause. The right of RMS to engage or not engage the Employee is
otherwise not affected.
41. Study and
Examination Leave
41.1 An Employee may
claim an entitlement to study leave if the Employee is studying a course which:
(a) is appropriate
to the Employee’s present classification;
(b) is relevant to
RMS; or
(c) provides the
Employee with progression or reclassification opportunities.
41.2 Study leave is
granted as follows:
Leave basis
|
Leave entitlement
|
Face-to-face students
|
The lesser of:
|
|
(b) One half
hour for every hour of lectures, up to a
|
|
maximum of four hours per week, or
|
|
(c) Twenty
days per academic year
|
Correspondence students
|
The lesser of:
|
|
(a) One half
hour for every hour of lecture time in the face-
|
|
to- face course, up to a maximum of four hours per week,
or
|
|
(b) Twenty
days per academic year
|
41.3 To assist an
Employee who is attempting final examinations in approved courses and to
release the Employee from work immediately prior to an examination, the
Employee is allowed a maximum of:
(a) five days
examination leave per calendar year for time spent travelling to and from and
attending final examinations, or
(b) half a day for
pre-examination leave on the day of the examination, up to a maximum of five
days per calendar year.
42. Military Leave
42.1 An Employee,
other than a Broken Hill Workshop Employee, who is apart-time member of the
Navy, Army (including 21st Construction Regiment) or Air Force Reserves, is
eligible for military leave in accordance with RMS policy as follows:
(a) Naval and
Military Reserves up to 24 working days per year;
(b) Air Force
Reserves up to 28 working days per year.
42.2 A Broken Hill
Workshop Employee who is a part-time member of the Navy, Army (including 21st
Construction Regiment) or Air Force Reserves, is eligible for military leave as
follows:
Reason for leave
|
Entitlement
(calendar days)
|
|
Army
|
Navy
|
Air Force
|
Annual
training
|
14
|
13
|
16
|
Instruction
school, classes or courses
|
14
|
13
|
16
|
Additional
obligatory training
|
4
|
4
|
4
|
43. Special
Leave
43.1 RMS may grant
special leave for certain activities that are not covered by other forms of
leave, including:
(a) jury service;
(b) acting a
witness when called or subpoenaed by the Crown;
(c) emergency
volunteer activities;
(d) declared
emergencies;
(e) emergency
services and bush fire fighting courses;
(f) volunteers in
policing - education programs;
(g) trade union
activities and training, including:
(i) trade union
training (up to 12 days every two years);
(ii) attending as
a witness for a trade union;
(iii) assisting
counsel or acting as a union advocate;
(iv) acting as a
member of a conciliation committee;
(v) loan of
services to a trade union;
(vi) as a member of
a union executive or council.
(h) ex-armed
services personnel (eg. Medical Review Board, etc.);
(i) NAIDOC Week,
in accordance with RMS policy;
(j) other
miscellaneous activities associated with an Employee’s required involvement:
(i) as a
returning officer;
(ii) with local
government - holding official office;
(iii) with
retirement seminars;
(iv) as a bone
marrow donor;
(v) with exchange
awards- (eg. Rotary or Lions);
(vi) at sporting
events -(eg. Olympic or Commonwealth Games);
(vii) with graduation
and other academic ceremonies;
(viii) with
professional or learned society meetings/conferences.
44. Public Holidays
44.1 In this Award,
Public Holiday means:
(a) any day or
part-day declared or prescribed under a law of NSW to be observed generally
within NSW as a public holiday;
(b) the first
Monday in December (recognised as Union Picnic Day); and
(c) up to a
maximum of one Local Public Holiday per calendar year.
44.2 For a holiday to
be recognised as a Local Public Holiday under this Award, the following
criteria must be satisfied:
(a) the holiday
must be gazetted by the NSW Government as a Public Holiday in a particular
region within NSW;
(b) the holiday
must occur on a normal working day; and
(c) the Employee
must be at work in the particular area to which the gazetted holiday applies on
the working day before and after the holiday. However, the Employee also
satisfies this clause if the Employee would have been required to work on those
days in the particular area, but was on approved leave.
44.3 A Local Public
Holiday may be taken as two gazetted half-days.
44.4 Where a Local
Public Holiday is gazetted for part of a day, Employees must attend work for
that part of the Employee’s ordinary working hours that are not regarded as a
Public Holiday, unless on approved leave.
44.5 Public Holidays
and picnic days are compensated at eight hours pay at the hourly rate. However,
if a Public Holiday falls on a weekend, no additional payment is made unless
the Employee is required to work on that day.
44.6 Employees, other
than Broken Hill Workshop Employees, required to work on a Public Holiday or
picnic day shall receive double time and a half for time worked on this day.
Employees required to work on a picnic day shall be entitled to a minimum of
four hours pay.
44.7 Broken Hill
Workshop Employees required to work on a Public Holiday shall receive double
time for time worked on this day, and receive equivalent time off in lieu.
Broken Hill Workshop Employees required to work on a picnic day shall be
entitled to a minimum of four hours pay.
44.8 Employees absent
from work on approved leave without pay shall receive payment for any Public
Holidays occurring during the first two weeks of the absence at the hourly
rate. Public Holidays occurring beyond this two week period are unpaid.
44.9 Employees
entitled to payment in respect of a Public Holiday under this clause shall
receive payment for any Public Holidays occurring during a period of absence
covered by workers compensation payments.
44.10 Apprentices and
trainees who are required to attend classes or training on the Union Picnic Day
shall receive a day off in lieu at a mutually agreeable time between the
Employee and RMS. In such circumstances, they shall be paid the normal hourly
rate.
SECTION 6 -
COMMUNICATION AND CONSULTATION
45. Consultation
45.1 Pursuant to the
provisions contained in this subclause, there shall be effective means of
consultation on matters of interest and concern, both formal and informal, at
all levels of the organisation, between the parties to this Award and
Employees.
45.2 Consultation
regarding major workplace change
(a) Where the
Employer has made a definite decision to introduce major changes in production,
workplace policies, organisation, structure or technology that are likely to
have significant effects on Employees, the Employer will meet with the
Employees who may be affected by the proposed changes and their
representatives.
(b) Significant
effects means declaring Employees excess; major changes in the composition,
operation or size of the Employer’s workforce; technological changes that
impacts on the working arrangements of Employees; the need for retraining or
transfer of Employees to other work or locations; and the restructuring of
jobs. Provided that where this award makes provision for alteration of any of
these matters an alteration is deemed not to have significant effect.
(c) The Employer
will provide information to the affected Employees and their representatives
about:
(i) the proposed
changes;
(ii) the effects
on the Employee(s) of the proposed changes;
(iii) the rationale
for the proposed changes.
(d) The Employees
will be given an opportunity to provide input to the Employer and discuss the
proposed change and any measures proposed to avoid or otherwise minimise any
possible adverse impact on affected Employees.
(e) The Employer
will respond to any feedback provided by Employees and the Employee
Representatives.
(f) Provisions
regarding consultation in the context of contracting out are contained in
Appendix A, clause 6 of this award.
45.3 RMS's Single
Bargaining Unit (SBU)
(a) A joint
advisory group, to be called the Single Bargaining Unit, consisting of
nominated representatives from the unions, Unions NSW and RMS management meets
regularly and continues to oversee the development, negotiation and
implementation of an agreed enterprise arrangement to ensure:
(i) a consistent
approach;
(ii) an effective
implementation process in order to achieve the agreed outcomes within the
allotted time frames; and
(iii) the
achievement of sustainable and measurable productivity improvements.
45.4 Regional
Consultative Groups
(a) Regional
Consultative Groups exist in each region and include both RMS nominees and
union nominated wages staff.
(b) The groups'
role is to continue to promote positive cooperation in overseeing the
implementation of each of RMS’s workplace reform agenda areas within the
regions and to resolve any localised issues including industrial problems that
arise during the implementation process.
(c) The groups
provide regular minutes/reports to, and as requested by, the SBU and refer any
problems which cannot be resolved at the regional level to the SBU for
determination.
45.5 Project teams
(a) Project teams
are established, if required, to oversee the technical development and
implementation of RMS’s workplace reform agenda items.
(b) Project teams
are under the managerial control of an RMS Project Manager and include both RMS
and union nominated wages staff representatives.
(c) The project
teams provide regular reports to, and as requested by, the SBU and refer any
problems which cannot be resolved at the project level to the SBU for
determination.
45.6 Wages staff task
groups
Wages staff task groups are established as required to
research and provide recommendations in line with the agreed terms of
reference.
45.7 General
principles
(a) The SBU,
project teams and regional consultative groups circulate the minutes of their
respective meetings to relevant staff.
(b) Wages staff
representatives assigned to a project team, task group or regional consultative
group are released from their normal duties, as required, to carry out the
responsibilities to which they have been assigned. Should any problems arise related to such
release, they are referred to the SBU.
(c) Regional
consultative groups:
(i) are chaired
(to be shared) by the union and RMS staff representatives
(ii) develop and
implement a communication plan to ensure that directorate staff are kept fully
informed of the work of the group and the ongoing implementation of the
enterprise bargaining process across the directorate.
(d) The SBU,
project teams and regional consultative groups are able to second a wages staff
member to the respective body if such staff member has special expertise
relevant to the issue(s) being considered.
(e) Nominated representatives
and group members have agreed to relevant training to assist them in their
roles.
(f) The SBU,
project teams, task groups and regional consultative groups are appropriately
resourced in regard to clerical backup, time, provision of information and
other identified needs.
46. Grievance and
Dispute Resolution
46.1 In this Award:
(a) "Grievance"
means a personal concern or problem about work or the work environment that the
Employee seeks hearing or resolution of and may be the result of a perceived or
actual concern regarding:
(i) allocation of
work or development opportunities;
(ii) workplace
communication difficulties, or interpersonal disputes;
(iii) changes in
work processes or practices;
46.2 A dispute is a
complaint or difficulty which affects one or more Employee(s). It may include a
change in working conditions that is perceived to have a negative implication
on Employees.
46.3 This disputes
procedure outlined at subclause 46.4 below shall apply to any dispute that
arises with respect to the following:
(a) matters
pertaining to the relationship between the Employer and Employees;
(b) matters
pertaining to the relationship between the Employer and the union parties to
this Award which pertain to the Award; and/or
(c) the operation
and application of this Award.
46.4 Dispute
Settlement Process
Step One
In the first instance, any dispute which is local in
nature, and which will not impact on other locations, will be dealt with at the
local level by the Employee(s) and/or their union representative raising the
matter with the Employee’s immediate supervisor. The parties shall make a
genuine attempt to resolve the dispute within a reasonable timeframe.
Step Two
If the dispute remains unresolved following Step 1, the
Employee(s) and/or their union representative shall refer the matter to the
Manager of the work area to which the dispute relates. The parties shall make a
genuine attempt to resolve the dispute within a reasonable timeframe.
Step Three
If the dispute remains unresolved following Steps 1 and
2, the Employee(s) and/or their union representative shall refer the matter to
the General Manager of the work area to which the dispute relates. The parties
shall make a genuine attempt to resolve the dispute within a reasonable
timeframe.
Step Four
If the Dispute cannot be resolved through the procedure
outlined in Steps 1-3, or if the Dispute involves matters other than local
issues or matters involving the application/ interpretation of this Award, the
Employee or their representative may refer the dispute to the Manager,
Workplace Relations (or their representative) to attempt to achieve a
resolution between the parties.
Step Five
If following Steps 1 -4 the dispute remains unresolved,
any relevant party may refer the matter to the Industrial Relations Commission
of New South Wales (IRC) for conciliation in the first instance, and if
conciliation does not resolve the Dispute, the matter shall be arbitrated by
the IRC.
46.5 Nothing in this
clause prevents the making of an agreement to refer a Dispute to a step other
than the next in sequence to accelerate resolution or for some other reason(s),
or to agree to refer the dispute to the IRC for urgent resolution, or for
making a submission to the IRC that the status quo should remain.
46.6 Whilst this
procedure is continuing, no work stoppage or any other form of work limitation
shall occur, or any other form of work limitation will be applied.
46.7 The parties
acknowledge that where a Dispute involves a matter where genuine, serious and
immediate risk is posed to the health and safety of any person, it may not be
practical to follow the procedure in this clause in attempting to resolve the
dispute; and that an urgent reference to the IRC may be required.
47. Disputes Relating
to Work Health and Safety
47.1 Where a Work
Health and Safety risk is identified or a genuine safety factor is the source
of a dispute, the following procedure shall be observed:
(a) Employees and
the Unions have an obligation to notify RMS of the risk through the Work Health
and Safety Committee;
(b) RMS shall be
allowed a reasonable time to respond;
(c) RMS must
address and report on the issue identified within a reasonable time.
47.2 The parties
acknowledge that all reasonable efforts must be made to achieve an effective
resolution of the issue, prior to asking the Regulator to assist in resolving
the issue.
47.3 Under the WHS
Act, an Employee may cease, or refuse to carry out, work if the Employee has a
reasonable concern that to carry out the work would expose the Employee to a
serious risk to the Employee’s health or safety emanating from an immediate or
imminent exposure to a hazard. In this case, the Employee must remain available
to carry out suitable alternative work.
47.4 The Parties acknowledge
that it is an offence under the WHS Act to:
(a) provide false
or misleading information in complying or purportedly complying with the Act;
(b) make false or
misleading representations to another person about that person’s rights or
obligations under the Act.
47.5 RMS, the Unions
and Employees are committed to the WHS Act and all other relevant statutory
requirements. This clause is intended to operate in a manner that is consistent
with the operation of the WHS Act.
48. Union
Contributions
48.1 Upon written
authority from an Employee, RMS will deduct Union membership fees from the
Employee’s fortnightly pay (or such other frequency as agreed between RMS and
the relevant Union) and forward these fees regularly to the relevant Union. RMS
will also include all necessary information to enable the union to reconcile
and credit subscriptions to the Employee’s membership account.
48.2 If an Employee
has already authorised the deduction of their union membership fees from their
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.
49. Union Representatives
49.1 In this clause,
Union Delegate means an Employee in respect of which:
(a) the Union to
which the Employee is a member is elected as a delegate in accordance with the
relevant union’s rules; and
(b) that Union is
entitled to represent the Employee of the Employer; and
(c) the Union has
notified the Manager, Workplace Relations in writing that the Employee is an
elected delegate.
49.2 An Employee who
is a Union Delegate shall be provided with sufficient time in working hours to
interview the supervisors, managers and Employees whom the Delegate represents,
on matters affecting them.
SECTION 7 - CLAUSES
OF SPECIFIC APPLICATION
50. Sydney Harbour
Bridge Maintenance Employees
50.1 This clause
applies to Employees who are attached to the Sydney Harbour Bridge Maintenance
office, and does not apply to any other Employee.
50.2 Where any
inconsistency arises between this clause and any clause set out in Part A of
this Award, this clause shall prevail to the extent of any inconsistency.
Working Hours
50.3 Normal Work
Cycle, in relation to an Employee covered by this clause, means a work cycle
consisting of:
(a) nine working
days within a 10 day, two week cycle;
(b) eight hours
and 27 minutes worked each day between 6:00 am and 6:00 pm;
(c) a 30 minute
meal break which includes a paid 10 minute morning tea break and a 20 minute
unpaid break between 11:30 am and 12 noon; and
(d) a 10 minute
tea break immediately before finishing time.
50.4 During this
cycle, 51 minutes of each day worked is accrued towards one day off in each two
week cycle, known as an Accrued Day Off (ADO).
50.5 If an ADO falls
on a Public Holiday, the ADO may be taken on:
(a) the next
working day;
(b) an alternative
day in the same two week cycle; or
(c) an alternative
day in the next two week cycle.
Amenities
50.6 RMS provides a
"clean/dirty" area for Employees to store personal clothing separate
from protective clothing. This area shall have sufficient washing and showering
facilities separated from all dirty sections of the area.
50.7 Employees shall
be provided with the following breaks, in addition to any other breaks in this
clause:
(a) a five minute
break before lunch to wash and put away personal belongings, or a ten minute
break if the Employee was performing tasks associated with lead paint removal
(as outlined in subclause 23.5), to shower and put away personal belongings;
(b) a ten minute
break before finishing time to shower, and
(c) enough time
before lunch and finishing time to reach an area from the Employee’s place of
work on the bridge.
50.8 Employees shall
be provided with a separate area for the storage of clothes, tools and food.
This area must not contain painting materials.
51. Traffic Signals
Employees
51.1 This clause
applies to Employees who are engaged as Traffic Signals Technicians’
Assistants, and does not apply to any other Employee.
51.2 Where any
inconsistency arises between this clause and any clause set out in Part A of
this Award, this clause shall prevail to the extent of any inconsistency.
51.3 If an Employee
is a Traffic Signals Technicians’ Assistant:
(a) an afternoon
shift finishes after 6:00pm and at or before midnight
(b) a night shift
finishes after midnight and at or before 8:00am
(c) regular
afternoon or night shifts apply which are a normal feature of the Employee’s
work, occur five nights each week and are in operation for more than four
consecutive weeks.
51.4 If an Employee
works regular afternoon or night shifts, the Employee is paid at the normal
rate plus 15%. Any work other than regular afternoon or night shifts is paid as
follows:
(a) the first five
shifts are paid at time-and-a-half
(b) more than five
shifts and up to four weeks are paid at the ordinary rate plus 20%
(c) more than four
weeks are paid at the ordinary rate plus 15%.
51.5 If an Employee
works only night shifts, the Employee is paid at the normal rate plus 30% for
each shift the Employee works.
51.6 Saturday time
is:
(a) worked between
Friday midnight and Saturday midnight
(b) paid at
time-and-a-half for normal rostered shifts.
51.7 Sunday time is:
(a) worked between
Saturday midnight and Sunday midnight
(b) paid at
double-time.
52. Traffic Emergency
Patrollers
52.1 This clause
applies to Employees who are engaged as Traffic Emergency Patrollers (TEPs),
and does not apply to any other Employee.
52.2 Where any inconsistency
arises between this clause and any clause set out in Part A of this Award, this
clause shall prevail to the extent of any inconsistency
52.3 If an Employee
is a TEPs, the Employee is either a:
(a) shift worker
engaged on a combination of morning and afternoon shifts, or
(b) continuous
shift worker engaged on a 24 hour, 7 day, rotating roster.
52.4 An Employee is
not required to work more than 6 consecutive days during the Employee’s roster
cycle.
52.5 Employees’
working hours and shift allowances are as follows:
Shift
|
Work commencing
|
Shift allowance
|
Early morning
|
at or after 4:00am
|
ordinary rate plus
12.5%
|
Day
|
at or after 6:00am
|
ordinary rate
|
Afternoon
|
at or after 1:00pm
|
ordinary rate plus
12.5%
|
Night
|
at or after 4:00pm
|
ordinary rate plus
15%
|
52.6 Employees will
be paid at time-and-a-half of the ordinary pay rate for all ordinary time
worked on Saturday.
52.7 Employees will
be paid at double the ordinary pay rate for all ordinary time worked on a
Sunday.
52.8 Employees will
be paid at double-time-and-a-half of the ordinary pay rate for all ordinary
time worked on a Public Holiday.
52.9 Employees will
be allowed and paid a crib break in accordance with subclause 18.13 above.
52.10 Shift rosters
operate in the following manner:
(a) Employees are
rostered to work shifts as required by RMS.
(b) Notice of
shifts to be worked is given at least seven days in advance.
(c) If less than
seven days notice is given of shift changes, an Employee is paid at the same
rate as the Employee’s previous shift, provided it is greater.
52.11 If an Employee is
rostered on a special or spare shift and the Employee is directed to work
another shift which:
(a) pays a lesser
pay rate, then the Employee is entitled to retain the pay rate of the Employee’s
normal shift
(b) has a greater
penalty, then the Employee is entitled to the higher pay rate based on the
inclusion of the penalty for the shift the Employee actually worked.
52.12 If an Employee is
directed to temporarily work a shift that pays a lesser pay rate, the Employee
is entitled to retain the pay rate of the Employee’s normal shift.
52.13 If an Employee is
directed to work at an alternative location, the Employee is paid the
appropriate fares to the new destination, in accordance with the provisions
outlined in clauses 26, 27 and 28.
52.14 If an Employee is
required to change their shift and/or location with less than 48 hours notice,
the Employee is paid an additional 3 hours at the Employee’s ordinary/unloaded
pay rate, in addition to the provisions outlined above, in recognition of any
inconvenience caused by the change to the Employee’s shift pattern.
53. Tow Truck
Employees
53.1 This clause
applies to Employees who are engaged as Tow Truck Drivers or Tow Truck
Attendants (Tow Truck Employees), and does not apply to any other Employee.
53.2 Where any
inconsistency arises between this clause and any clause set out in Part A of
this Award, this clause shall prevail to the extent of any inconsistency.
53.3 If an Employee
is a Tow Truck Driver or Tow Truck Attendant the Employee is engaged on a 24
hour, 7 day, rotating roster.
53.4 Tow Truck
Employees shall not be required to work more than 6 consecutive days during the
roster cycle.
53.5 The working
hours and shift allowances for Tow Truck Staff are as follows:
Shift
|
Work commencing
|
Shift allowance
|
Early morning
|
at or after 4:00am
|
ordinary rate plus
12.5%
|
Day
|
at or after 6:00am
|
ordinary rate
|
Afternoon
|
at or after 12 Noon
|
ordinary rate plus
15%
|
Night
|
at or after 6:00pm
|
ordinary rate plus
20%
|
53.6 Payment for all
ordinary time worked on a Saturday shall be at the rate of time and one half of
the ordinary rate of pay.
53.7 Payment for all
time worked on a Sunday shall be at the rate of double the ordinary rate of
pay.
53.8 Payment for all
ordinary time worked on a Public Holiday shall be at the rate of double and
one-half of the ordinary rate of pay.
53.9 Employees will
be allowed and paid a crib break in accordance with clauses 18.13, above.
53.10 Shift rosters
shall operate in the following manner:
(a) Employees
shall be rostered to work shifts as required by RMS.
(b) notice shall
be given of shifts to be worked at least 7 days in advance.
(c) where notice
is given of a change in shift with less than 7 days notice, any shift so worked
shall be paid at the rate of the previously rostered shift, provided it is
greater.
53.11 If an Employee is
rostered on a relief line and the Employee’s shifts, as notified in subclause
53.10 above, are changed with less than 7 days notice the Employee will paid at
the rate of the previously rostered shift providing that it is greater.
53.12 Where an Employee
is directed to work at an alternate location, the Employee will be paid the
appropriate fares to the new destination in accordance with the provisions
outlined in clauses 26, 27 and 28.
53.13 Where an Employee
is required to change shift and/or location with less than 48 hours notice, the
Employee will be paid an additional 3 hours at the unloaded rate of pay, in
addition to the provisions outlined in subclause 53.11 above, in recognition of
any inconvenience caused by the alternation to the shift pattern.
53.14 If an Employee is
rostered to work on a Public Holiday the Employee will receive a day in lieu.
This does not apply where an Employee is rostered on a special or spare shift
and is required to work on a Public Holiday. In this case the Public Holiday
loading will be paid.
PART B - PAY RATES AND ALLOWANCES
Table 1 - Rates of Pay, Non Trades (not applicable to
Broken Hill Workshop Employees)
Pay point
|
Positions
|
Weekly Rates
effective
|
|
|
first full pay
period on or
|
|
|
after 1 July 2013
and
|
|
|
inclusive of 2.27%
|
|
|
$
|
1
|
Roadworker Grade 1
|
954.60
|
|
Sydney Harbour Bridge Worker Grade 1
|
|
2
|
Roadworker Grade 2
|
980.20
|
|
Sydney Harbour Bridge Worker Grade 2
|
|
3
|
Roadworker Grade 3
|
1006.00
|
|
Linemarker Grade 1
|
|
|
Building Attendant
|
|
|
Sydney Harbour Bridge Worker Grade 3
|
|
4
|
Bridge Worker Grade 4
|
1031.70
|
|
Technician’s Assistant Grade 1
|
|
|
Works Assistant Grade 1
|
|
|
Road Worker Grade 4
|
|
|
Plant Operator Grade 1
|
|
|
Roller Operator
|
|
|
Tow Truck Attendant
|
|
|
Linemarker Grade 2
|
|
|
Storeperson Grade 1
|
|
|
Sydney Harbour Bridge Worker Grade 4
|
|
|
Traffic Emergency Patroller
|
|
5
|
Bridge Worker Grade 5
|
1057.70
|
|
Technician’s Assistant Grade 2
|
|
|
Road Worker Grade 5
|
|
|
Plant Operator Grade 2
|
|
|
Truck Driver (MR General)
|
|
|
Truck Driver (Stores)
|
|
|
Linemarker Grade 3
|
|
|
Storeperson Grade 2
|
|
|
Rigger Grade 1
|
|
6
|
Technician’s Assistant
Grade 3
|
1083.30
|
|
Works Assistant Grade 2
|
|
|
Bituminous Spray Operator
|
|
|
Plant Operator Grade 3
|
|
|
Truck Driver (MR Gang Truck)
|
|
|
Truck Driver (HR Truck - General)
|
|
|
Water Cart Operator
|
|
|
Snowplough Operator
|
|
|
Rigger Grade 2
|
|
7
|
Works Assistant Grade 3
|
1109.40
|
|
Truck Driver (HR Gang Truck)
|
|
|
Truck Driver (Semi Trailer)
|
|
|
Rigger Grade 3
|
|
8
|
Rigger Grade 4
|
1135.00
|
|
Bitumen Spray Driver
|
|
|
Finishing Grader Operator
|
|
|
Truck Driver (Tow Truck)
|
|
9
|
Truck Driver (Road Train)
|
1160.90
|
|
Team Leader (Rigger)
|
|
|
Team Leader Grade 1
|
|
|
Team Leader (Stores)
|
|
|
Traffic Emergency Patroller (Team Leader)
|
|
10
|
|
1186.60
|
11
|
|
1212.30
|
12
|
Team Leader Grade 2
|
1238.20
|
|
Team Leader (Tow Trucks)
|
|
Table 2 - Rates of Pay, Trades (not applicable to Broken
Hill Workshop Employees)
Pay point
|
Positions
|
Weekly Rates
effective
|
|
|
first full pay
period on or
|
|
|
after 1 July 2013
and
|
|
|
inclusive of 2.27%
|
|
|
$
|
1
|
Painter Grade 1
|
1039.30
|
|
Traffic Facilities Painter Grade 1
|
|
2
|
Plasterer Grade 1
|
1056.60
|
3
|
Mechanical Trades Grade 1
|
1062.00
|
|
Fitter Grade 1
|
|
4
|
Painter Grade 2
|
1065.00
|
5
|
Signwriter Grade 1
|
1070.20
|
6
|
Metal Fabricator Grade 1
|
1072.70
|
|
Plumber Grade 1
|
|
7
|
Shipwright Grade 1
|
1082.00
|
8
|
Painter Grade 3
|
1091.20
|
|
Traffic Facilities Painter Grade 2
|
|
9
|
Bridge Maintenance Welder Grade 1
|
1092.40
|
|
Construction Carpenter Grade 1
|
|
10
|
Electrician Grade 1
|
1115.50
|
11
|
Painter Grade 4
|
1117.00
|
|
Traffic facilities Painter Grade 3
|
|
12
|
Mechanical Trades Grade 2
|
1119.10
|
|
Fitter Grade 2
|
|
13
|
Signwriter Grade 2
|
1123.60
|
14
|
Metal Fabricator Grade 2
|
1126.40
|
|
Plumber Grade 2
|
|
15
|
Bridge Maintenance Welder Grade 2
|
1147.10
|
|
Construction Carpenter Grade 2
|
|
16
|
Signwriter Grade 3
|
1150.40
|
17
|
Electrician Grade 2
|
1171.30
|
18
|
Construction Carpenter Grade 3
|
1174.20
|
19
|
Mechanical Trades Grade 3
|
1175.30
|
|
Fitter Grade 3
|
|
20
|
Plumber Grade 3
|
1180.10
|
21
|
|
1212.30
|
22
|
Electrician Grade 3
|
1226.70
|
23
|
|
1231.20
|
24
|
Plumber (Team Leader)
|
1238.20
|
|
Mechanical Trades Team Leader
|
|
|
Fitter (Team Leader)
|
|
|
Painter (Team Leader)
|
|
|
Bridge Maintenance Welder (Team Leader)
|
|
|
Metal Fabricator (Team Leader)
|
|
|
Construction Carpenter (Team Leader)
|
|
|
Shipwright (Team Leader)
|
|
|
Signwriter (Team Leader)
|
|
|
Traffic Facilities Painter (Team Leader)
|
|
25
|
Electrician (Team Leader)
|
1282.50
|
Table 3 - Rates of Pay, Broken Hill Workshop Employees
Only
Positions
|
Weekly Rates
effective
|
|
first full pay
period on or
|
|
after 1 July 2013
and
|
|
inclusive of 2.27%
|
|
$
|
Tradesperson
|
|
Plant Mechanic
|
1146.50
|
Boilermaker
|
1146.50
|
Carpenter
|
1146.50
|
Painter
|
1146.50
|
Electrical Fitter
|
1167.00
|
Plant Operator
|
|
Mobile Crane Operator
|
1031.40
|
General
|
|
Storeman
|
1013.20
|
Cleaner
|
1017.80
|
Labour(Fitter/Plant Mechanic)
|
994.30
|
General Labour
|
986.50
|
Labourer(Testing Laboratory)
|
986.50
|
Labourer Junior Male(19/21 years)
|
885.80
|
Labourer Hammer & Drill
|
1006.50
|
Labourer (Proline Borer or Benkleman Beam)
|
1023.90
|
Apprentice - School Certificate
|
|
Year 1
|
608.40
|
Year 2
|
734.40
|
Year 3
|
860.40
|
Year 4
|
986.50
|
Apprentice -Higher School Certificate Level
|
|
Year 1
|
734.40
|
Year 2
|
860.40
|
Year 3
|
986.50
|
Year 4
|
1112.30
|
Table 4 - Rates of Pay, Apprentices (not applicable to
Broken Hill Workshop Employees)
Pay point
|
Positions
|
Weekly Rates
effective
|
|
|
first full pay
period on or
|
|
|
after 1 July 2013
and
|
|
|
inclusive of 2.27%
|
|
|
$
|
1
|
Apprentice 1st Year
|
465.30
|
|
Painter/Decorator
|
|
|
Signwriter
|
|
2
|
Apprentice 1st Year
|
473.40
|
|
Radio Fitter/Mechanic
|
|
|
Electrical Fitter/Mechanic
|
|
3
|
Apprentice 1st Year
|
479.50
|
|
Bricklayer
|
|
4
|
Apprentice 1st Year
|
488.20
|
|
Plant Mechanic
|
|
|
Motor Mechanic
|
|
|
Fitter/Turner
|
|
|
Boilermaker
|
|
|
Sheetmetal Worker
|
|
|
Blacksmith
|
|
|
Trimmer
|
|
|
Welder
|
|
5
|
Apprentice 1st Year
|
508.40
|
|
Carpenter/Joiner
|
|
|
Shipwright
|
|
6
|
Apprentice 1st Year
|
518.80
|
|
Bridge & Wharf Carpenter
|
|
7
|
Apprentice 2nd Year
|
603.00
|
|
Painter/Decorator
|
|
|
Signwriter
|
|
8
|
Apprentice 2nd Year
|
611.00
|
|
Radio Fitter/Mechanic
|
|
|
Electrical Fitter/Mechanic
|
|
9
|
Apprentice 2nd Year
|
617.00
|
|
Bricklayer
|
|
10
|
Apprentice 2nd Year
|
625.70
|
|
Plant Mechanic
|
|
|
Motor Mechanic
|
|
|
Fitter/Turner
|
|
|
Boilermaker
|
|
|
Sheetmetal Worker
|
|
|
Blacksmith
|
|
|
Trimmer
|
|
|
Welder
|
|
|
Plumber
|
|
11
|
Apprentice 2nd Year
|
646.20
|
|
Carpenter/Joiner
|
|
|
Shipwright
|
|
12
|
Apprentice 2nd Year
|
656.60
|
|
Bridge & Wharf Carpenter
|
|
13
|
Apprentice 3rd Year
|
765.40
|
|
Painter/Decorator
|
|
|
Signwriter
|
|
14
|
Apprentice 3rd Year
|
773.50
|
|
Radio Fitter/Mechanic
|
|
|
Electrical Fitter/Mechanic
|
|
15
|
Apprentice 3rd Year
|
779.20
|
|
Bricklayer
|
|
16
|
Apprentice 3rd Year
|
788.20
|
|
Plant Mechanic
|
|
|
Motor Mechanic
|
|
|
Fitter/Turner
|
|
|
Boilermaker
|
|
|
Sheetmetal Worker
|
|
|
Blacksmith
|
|
|
Trimmer
|
|
|
Welder
|
|
|
Plumber
|
|
17
|
Apprentice 3rd Year
|
808.10
|
|
Carpenter/Joiner
|
|
|
Shipwright
|
|
18
|
Apprentice 3rd Year
|
818.40
|
|
Bridge & Wharf Carpenter
|
|
19
|
Apprentice 4th Year
|
877.90
|
|
Painter/Decorator
|
|
|
Signwriter
|
|
20
|
Apprentice 4th Year
|
886.10
|
|
Radio Fitter/Mechanic
|
|
|
Electrical Fitter/Mechanic
|
|
21
|
Apprentice 4th Year
|
892.00
|
|
Bricklayer
|
|
22
|
Apprentice 4th Year
|
901.10
|
|
Plant Mechanic
|
|
|
Motor Mechanic
|
|
|
Fitter/Turner
|
|
|
Boilermaker
|
|
|
Sheetmetal Worker
|
|
|
Blacksmith
|
|
|
Trimmer
|
|
|
Welder
|
|
|
Plumber
|
|
23
|
Apprentice 4th Year
|
921.20
|
|
Carpenter/Joiner
|
|
|
Shipwright
|
|
24
|
Apprentice 4th Year
|
931.00
|
|
Bridge & Wharf Carpenter
|
|
Table 5 - Other Rates and Allowances (not applicable for
Broken Hill Workshop Employees)
Clause
|
Description
|
Weekly Rates
effective
|
|
|
first full pay
period on or
|
|
|
after 1 July 2013
and
|
|
|
inclusive of 2.27%
|
|
|
$
|
|
Other Rates
|
|
23.10
|
Sydney Harbour
Bridge Maintenance Staff
|
|
|
Sydney Harbour
Bridge Allowance
|
189.80
|
|
Allowances
|
|
23.5
|
Lead Paint Removal
Allowance (per hour)
|
2.25
|
|
|
|
23.6
|
Asbestos Materials
|
|
|
Tradespersons
|
0.92
|
23.7
|
Asbestos Eradication
|
|
|
Tradespersons
|
2.49
|
23.3
|
Asphalt Plant
Repairs
|
|
|
Tradespersons
|
0.92
|
23.8
|
Long/Wide Loads
Allowance
|
|
|
Transport Workers
|
|
|
2.90m wide or
18.29m long or 4.30m high
|
2.3522
|
|
minimum payment
|
9.41
|
|
3.36m wide or
21.34m long or 4.58m high
|
4.4002
|
|
minimum payment
|
17.60
|
19.13 &
|
Meal Allowance
|
|
19.14
|
|
|
(a)
|
First meal
|
14.10
|
(b)
|
Subsequent meal
|
12.10
|
26.2
|
Fares
|
|
(b)
|
per week
|
12.00
|
|
per day
|
2.40
|
26.3
|
Travelling Allowance
|
|
|
3 but not more than
10 kms
|
4.20
|
|
More than 10 but not more than 20km
|
8.30
|
|
More than 20
km but not more than 30km
|
12.40
|
|
More than
30km but not more than 40km
|
16.50
|
|
More than
40km but not more than 50km
|
20.70
|
|
More than
50km but not more than 60km
|
24.80
|
|
More than
60km but not more than 70km
|
29.00
|
|
More than
70km but not more than 80km
|
33.00
|
|
More than
80kms but more than 90km
|
37.20
|
|
More than
90km but not more than 100km
|
41.30
|
28
|
Distant Work
|
|
|
Board &
Lodging
|
747.10
|
|
Broken parts
of week where camp not provided
|
106.70
|
|
Breakfast
|
|
|
Lunch
|
21.80
|
|
Dinner
|
24.90
|
|
Incidentals
|
42.90
|
|
Private
Vehicle over 2700cc
|
8.00
|
|
Private
Vehicle 1600cc - 2700cc
|
0.300
|
|
Private
Vehicle under 1600cc
|
0.296
|
|
|
0.252
|
|
Other Conditions
|
|
23.4
|
First Aid
Allowance
|
$ 3.31
|
30.1(c)
|
Insuring
Tools
|
1691.34
|
|
Reimbursement
for Loss
|
|
APPENDIX A
Workplace Reform
1. Benchmarking
The parties agree to co-operate in benchmarking processes to
measure performance of RMS Road Services Business Units against other public
and private sector road services providers.
2. Process Improvement
RMS, Unions and Employees are committed to ensuring
effective and efficient customer service and product delivery by analysing and
recommending changes in processes, systems or procedures which result in
improvement in productivity and/or the elimination of duplication and waste.
The regional consultative groups monitor the development and implementation of
process improvement and provide appropriate updates, reports and
recommendations to the SBU.
3. Performance
Planning & Feedback
3.1 RMS will
implement a performance planning and feedback scheme that applies to all wages
staff and is:
(a) implemented in
consultation with the unions that will link performance in the workplace with
the goals of RMS, its regions and work units;
(b) supported by
appropriate training; and
(c) evaluated and
monitored by the SBU.
3.2 This scheme
recognises and reflects the increasing importance of teams in RMS and their
contribution to service and quality.
3.3 The parties are
committed to:
(a) ensuring teams
and Employees understand the relationship or interdependence of their role with
other teams and Employees;
(b) clearly
defining expectations for each team and Employee against the agreed goals of
RMS and productivity standards;
(c) ensuring each
team and Employee clearly understands RMS’s objectives, their work unit's goals
and how their role is integral to the achievement of these objectives and
goals;
(d) obtaining
feedback from teams and Employees on RMS's work practices, management practices
and possible innovations; and
(e) encouraging
teams and Employees to participate in their work unit’s decision making
process.
4. Conditions of
Employment
4.1 The parties are
committed to the development and implementation of changes in conditions of
employment that are customer focused and are equitable in application. Any
changes are:
(a) developed and
implemented in consultation with the unions to link performance in the
workplace with the goals of RMS;
(b) evaluated and
monitored by the SBU.
4.2 In making this
commitment, the parties accept, in principle, the need to:
(a) review current
work practices to ensure that they are customer focused and maximise the
effective and efficient use of resources;
(b) review and
rationalise administrative procedures;
(c) reduce and
update documentation;
(d) ensure, where
possible, consistent working conditions for all wages staff;
(e) provide
opportunities for all Employees to better manage their working and personal
lives;
(f) review current
work patterns to investigate flexible work arrangements which better meet
Employees and customers’ needs.
5. Workplace Health
& Safety
5.1 RMS is
committed to ensuring the health, safety and wellbeing of its staff in the
workplace. This is achieved by:
(a) implementation
of appropriate health and safety practices and procedures;
(b) appropriate
management policies and practices; and
(c) the active and
constructive involvement of all wages staff; and
(d) management and
wages staff representatives’ participation on occupational health and safety
committees.
5.2 RMS encourages
Employees to take a constructive role in promoting improvements in work health,
safety and welfare to assist RMS in achieving a healthy and safe working
environment.
6. Contracting Out
6.1 Application and
Definition
(a) For the
purpose of this clause, the term "contract out work" means
reallocating the whole of the work performed currently and exclusively by a
group of Employees covered by this Award to be performed by another source
pursuant to a contract. To be clear, this clause does not apply to a group of
Employees where only part of the work they currently and exclusively perform is
contracted out.
6.2 Considering
Proposal to Contract Out Work
(a) Where RMS
determines it intends to pursue a proposal to contract out work, subject to
Government Approval, relevant unions and affected Employees will be notified.
Sufficient time will be provided to relevant unions and affected Employees to
discuss RMS’s intention to pursue a proposal to contract out work.
6.3 Decision to
Contract Out Work
(a) Once RMS has
finalised a proposal and has made a decision to contract out work, RMS agrees
to provide written information to relevant unions and affected Employees about
the decision, and expected impact on Employees to contract out work. This does
not require the disclosure of confidential or commercial in confidence
information.
(b) Prior to
implementation of a proposal to contract out work, RMS will commence
discussions with relevant unions and affected Employees about the contracting
out process and arrangements for affected Employees.
(c) Subject to
reasonable notice and operational requirements, RMS agrees to allow the unions
reasonable opportunities during working hours to communicate with their members
during the process outlined in subclause 6.3(b) above.
6.4 Dispute
Settlement Procedure
(a) Any issues or
matters in dispute should be dealt with under the Dispute Settlement Procedure
in clause 46 of this Award.
7. Contractors
Protocol
7.1 Where work is
to be carried out by contract, including sub-contract, RMS:
(a) abides by the
provisions of the Industrial Relations Management Guidelines, December 1999, as
developed by the NSW Government's Construction Policy Steering Committee;
(b) ensures that
all tenders are properly scrutinised to ensure that prospective tenderers
would, if successful, be paying the rates and providing conditions contained in
the appropriate award and/or registered industrial agreement, as well as
complying with other statutory provisions and RMS specified standards including
but not limited to RMS's safe working procedures, RMS's traffic control
procedures and RMS's quality standards and the provisions set out in clause 7,
Work Health and Safety.
(c) on being
advised or otherwise becoming aware that a contractor or sub-contractor is not
paying award rates, providing award conditions or complying with any other
statutory provisions and RMS standards including but not limited to RMS's safe
working procedures, RMS's traffic control procedures and RMS's quality
standards, , takes necessary action to ensure that the situation is immediately
rectified. Should the contractor or sub-contractor continue to breach the
provision then appropriate action including termination of contract is
implemented, if appropriate.
8. Unplanned
Absenteeism (Sick Leave)
The parties are committed to implementing tailored
strategies to reduce the level of sick leave being taken by Employees.
Employees who have a good sick leave record who have been
suffering from a genuine prolonged illness shall, subject to Chief Executive
approval, continue to be entitled to additional paid sick leave should they
exhaust their existing paid sick leave entitlement.
9. Communication
The parties agree to continue to implement initiatives
designed to ensure that there are structured communication processes between
RMS’s corporate directorates and Operations and Services Directorate, regional
and frontline areas to ensure timely and accurate upward and downward feedback.
10. Field Input Data Operation
The parties agree to fully implement the Field Input Data
Operation (FIDO) system to improve scheduling and prioritising of maintenance
works.
11. Alliance Model
The parties agree to fully implement the Alliance Model of
work whereby RMS staff work along side private industry parties in order to
achieve the outcomes of RMS.
C.G. STAFF J
____________________
Printed by
the authority of the Industrial Registrar.