Conservation
Field Officers Department of Lands, Department of Water and Energy, Department
of Environment and Climate Change and State Water Corporation Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1683 of 2007)
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Before Commissioner
Ritchie
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23 April 2008
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REVIEWED
AWARD
Clause No. Subject Matter
PART A
1. Title of Award
2. Incidence
and Duration
3. Definitions
4. Parties
5. Supersession
6. Objectives
of Award
7. No Extra
Claims
8. Contract
of Employment
9. Classifications
and Rates of Pay
10. Hours of
Work
11. Overtime
12. Rostered
Days Off
13. Leave
14. Allowances
to Reimburse Expenses
15. Inclement
Weather
16. First-Aid
and Health and Safety Issues
17. Work
Apparel
18. Tools and
Protective Clothing
19. Settlement
of Disputes
20. Anti-Discrimination
21. Counselling
and Discipline
22. Contractors’
Protocol
23. Agreed
Procedures for Market Testing and Contracting Out
24. Ongoing
Award Review
25. Deduction
of Union Membership Fees
PART B
MONETARY RATES
Schedule 1 - Wage Rates
Schedule 2 - Competency and Grading Alignment
Schedule 3 - Allowances
PART A
1. Title of Award
This Award, made pursuant to Part 1, Division 1, clause 10 of
the Industrial Relations Act 1996, shall be known as the Conservation
Field Officers Department of Lands, Department of Water and Energy, Department
of Environment and Climate Change and State Water Corporation Award.
2. Incidence and
Duration
2.1 This Award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Conservation Field Officers Department of Lands,
Department of Infrastructure, Planning and Natural Resources and State Water
Corporation Award published 13 May 2005 (330 I.G. 1090) and all variations
thereof.
2.2 The changes made
to the Award pursuant to section 19(6) of the Industrial Relations Act 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 23 April 2008.
2.3 This Award
remains in force until varied or rescinded, the period for which it was made
having already expired.
3. Definitions
(i) "Conservation
Field Officer" means an employee of the Departments or the Corporation
engaged before the making of this Award in one of the classifications of:
Mechanical Tradesperson
Fitter
Electrician
Plant Electrician
Painter
Carpenter
Plumber
Welder
Plant Operator
Crane Operator
Tractor Operator
Transport Driver
Labourer
Machineman
Driller
Cableway Operator
Dogman
Bore Gaugers Assistant
Construction Worker (General)
Rigger
Driller
Drill Operator
Pegman
Ganger
Surveyors Field Hand
Farm Assistant
Sand Drift Worker
Nursery Horticulturalist
Cleaner
Security Officer
General Service Officer
Canteen Worker
Earthmoving Operator
or who after the date of operation of this Award were
appointed as Conservation Field Officers but does not include any person who
resigned or was terminated prior to that date.
(ii) "Temporary
employee" means an employee engaged for a specific period or for a
specific project.
(iii) "The
Departments or the Corporation" means the New South Wales Department of
Lands, the New South Wales Department of Water and Energy, the New South Wales
Department of Environment and Climate Change and the State Water Corporation.
(iv) "Casual
employee" means an employee engaged for a limited duration and paid on an
hourly basis who receives a casual loading in lieu of all paid leave
entitlements, including payment for public holidays
(v) "Part-time
employee" means an employee, subject to the provisions of Part 5 of the Industrial
Relations Act 1996, who is engaged for less than 38 hours per week and who
receives the same range of entitlements as a full-time employee, including sick
leave and annual leave, but on a pro rata basis in proportion to the hours
worked. Part-time employees do not
receive a casual loading.
(vi) "Reasonable
time limits" means sufficient time for all parties to familiarise
themselves with the nature of the perceived problems taking into consideration
the isolated situation in which these employees work.
(vii) "Australian
Recognition Framework (ARF)" means the national recognition of vocational
education and training developed by the Australian National Training Authority.
(viii) "Australian
Qualification Framework (AQF)" means the certification system established
under the Australian Recognition Framework (ARF).
4. Parties
The parties to this Award are:
(i) The Australian
Workers' Union, New South Wales Branch.
(ii) Automotive,
Food, Metals, Engineering, Printing and Kindred Industries Union.
(iii) Electrical
Trades Union.
(iv) Construction,
Forestry, Mining and Energy Union.
(v) Liquor,
Hospitality and Miscellaneous Workers Union.
(vi) Plumbers and
Gasfitters Union.
(vii) Transport
Workers' Union
(viii) The
Director-General Department of Lands, Director-General Department of Water and
Energy, Director-General Department of Environment and Climate Change and the
General Manager, State Water Corporation.
covering all Conservation Field Officers as defined in
subclause 3(i) employed in the Departments or the Corporation.
The terms and conditions of this Award replace in to the
terms and conditions of the:
Surveyors Field Hands (State) Award
Gangers (State) Award
General Construction and Maintenance, Civil and
Mechanical, Engineering, etc.. (State) Award, with the exception that clause
25, Compensation for Travel Patterns, etc., will continue to apply where
appropriate.
Plant Operators on Construction (PWD, etc) Award
Crown Employees (Transport Drivers, etc.) Award
Crown Employees (Skilled Tradesmen) Award
Bore Gaugers and Assistants Agreement 5317 of 1977
Farm Assistants, Soil Conservation Service Agreement
2310 of 1981
Department of Conservation and Land Management Skilled
Trades, etc. (Rates of Pay) Enterprise Agreement EA 146 of 1995
and all variations thereto, in so far as they apply to
employees within the Departments or the Corporation.
6. Objectives of
Award
(i) The parties
acknowledge that the Award is directed towards high quality and efficient
services to the community and to the Departments’ and the Corporation’s
customers.
(ii) The parties
acknowledge that the Award seeks to enhance the image and profile of the
Departments and the Corporation.
These objectives will be achieved through:
(a) The review of
current work practices to ensure that they are customer-focused and maximise
the efficient and effective use of resources.
(b) The acceptance
of change and commitment to continuous improvement and productivity by both the
management of the Departments or the Corporation and its Conservation Field
Officers.
(c) The development
of an organisation based upon teamwork, flexibility, competence and
opportunities for organisational and personal development.
(d) The review of
current work patterns leading to more flexible working arrangements which
better meet staff and customer needs.
(e) Achievement of
these objectives is expected to deliver savings in operating costs and genuine
productivity gains and the parties agree that the savings arising out of
achievement of those objectives will be shared with staff and will be reflected
in the rates of pay prescribed under clause 9.
7. No Extra Claims
The parties agree that they will not pursue any further
claims relating to the matters covered by this Award, provided that this Award
may be varied during its term in accordance with section 17 of the Industrial
Relations Act 1996.
8. Contract of
Employment
8.1 Weekly
Employment
(i) Full-time and
part-time employees shall be engaged by the week. An employee’s engagement may be terminated by either the employee
or the employer providing one week's notice in writing or by payment or
forfeiture, as the case may be, of one week’s wage in lieu of notice, provided
that, in the case of misconduct, an employee’s engagement may be terminated
without notice.
(ii) Casual
employees are engaged by the hour and the engagement of a casual employee may
be terminated without notice.
8.2 Pay Period
Ordinary pay shall be paid for the current
fortnight. Adjustments for overtime,
penalties and allowance will be paid either currently or a fortnight in
arrears.
8.3 Payment Method
Wages shall be paid via Electronic Funds Transfer (EFT)
into a bank or other account, except in cases where this is not possible, in
which case payment will be made by cheque.
8.4 Pay Advice
Before or at the time of payment of wages, each
employee shall be issued with a docket showing at least the gross amount of
salary and the details of any deductions made from the employee’s earnings, in
accordance with section 123 of the Industrial Relations Act 1996.
8.5 Payment on
Termination
When an employee is terminated by the Departments or
the Corporation, the employee shall be paid all of the wages due at the time of
the employee’s termination on or before the employee’s next normal pay day.
9. Classifications
and Rates of Pay
9.1 Rates of Pay
(i) The minimum weekly
rates for full-time employees covered by this Award are as provided in Schedule
1.
(ii) Should there be
a variation to the Crown Employees Wages Staff (Rates of Pay) Award 2007, or an
Award replacing it, during the term of this Award, by way of a wage increase or
some other benefit, this Award will be varied to give effect to any such wage
increase, or other benefit, with effect from the operative date of the
variation, or the replacement Award.
9.2 Rates of Pay for
Casual Employees
Casual employees will be paid per hour at the rate of
1/38th of the applicable weekly rate for a full-time employee at the same
classification level plus, subject to the provisions of clause 12:
(i) for ordinary
hours of work, a casual loading of 24.6%, in compensation for the disadvantages
of casual work and in lieu of all paid leave entitlements, including annual
leave (where 24.6% is the cumulative percentage obtained by applying a 15%
casual loading and then applying a 8.33% loading in lieu of annual leave);
(ii) for overtime
hours, a casual loading of 15%, in compensation for the disadvantages of casual
work, with the hourly rate so obtained then being used as the ordinary rate of
pay for the calculation of overtime;
provided that casual employees will be paid for a
minimum of 4 hours for each engagement.
9.3 Rates of Pay for
Part-time Employees
Permanent part-time employees will be paid a weekly
rate determined by the following formula:
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applicable rate for full-time employee at
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x
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(weekly hours of
the part-time employee)
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38
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at the same classification level
9.4 Classification
of Employees
The classification of an employee will be determined by
the level of responsibility and skill that the employee is required to
exercise. The responsibilities and
skills required to be exercised at each level in the classification structure
are defined in Schedules 1 and 2.
9.5 Purpose of
Classification Structure
The classification structure is designed to:
(i) recognise
competencies achieved and used;
(ii) group all staff
covered by this Award into one of several (excluding trainees/apprenticeship)
levels ;
(iii) allow for
career progression based on acquisition and use of competencies as defined in
subclause 9.4.
9.6 Supervision
Where an employee is required to supervise the work of
other employees, they shall be paid the appropriate allowance according to
Schedule 3. Provided that CFO Grade 5
and above will only be paid the allowance when supervising employees at their
same level.
9.7 Classification
Review Committee
The SBU shall establish a subcommittee to review
applications for re-grading based on competency acquisition and use. Subject to subclause 9.8, notification of
the results of the review by the subcommittee to the appropriate staff salaries
section will be sufficient to regrade the position and the occupant.
9.8 Disagreements
about Classification Levels
Any disagreement about the classification level in
which an employee is placed will be processed using the dispute procedures
contained at clause 19.
9.9 Higher Duties
When Conservation Field Officers are required to
perform the duties and assume the responsibilities of a higher remunerated
position, they shall be paid the appropriate higher duties allowance in
accordance with the provisions of clause 34 of the Public Sector Employment and
Management (General) Regulation 1996 with the additional provision that it be
paid after one day.
10. Hours of Work
10.1 Ordinary Hours of
Work
Subject to subclauses 10.2 and 10.3:
(i) The ordinary
hours of work for all employees, other than casual employees, covered by this
Award, shall be 8 hours per day worked over 57 days of each 12-week cycle.
(ii) The standard
span of hours will be between 6.00 a.m. and 6.00 p.m. on each working day
Monday to Friday.
10.2 Variation of
Ordinary Hours of Work
(i) The standard
span of hours may be varied by mutual agreement between the Departments or the
Corporation and the majority of affected employees in a particular group,
region, district or section to suit operational needs.
(ii) Ordinary hours
of work may extend up to 10 hours on any one day.
10.3 Part-time Hours
Employees may work on a part-time basis, subject to the
provisions of Part 5 of the Industrial Relations Act 1996, provided
that:
(i) the ordinary
hours of duty are agreed between the employee concerned and the Departments or
the Corporation and fall within the same span of hours as applies or would
apply to a full-time employee undertaking the duties concerned ;
(ii) the ordinary
working hours are fixed at not less than 4 hours per day worked; and
(iii) the
Departments or the Corporation will inform the relevant Union of the hours
fixed for part time employees. The
Union shall have 7 working days from the date of being advised to object to the
agreement through the dispute procedures prescribed by clause 19. The Union will not unreasonably object to an
agreement under this subclause.
11. Overtime
11.1 Overtime
Definition
Overtime is that time an employee is directed and
authorised to work which is either:
(a) in excess of 501
hours per settlement period ; and/or
(b) outside the span
of hours, as established for each employee under clause 11.
Overtime will only be payable for time on duty at the
worksite (notwithstanding the provisions of subclause 14.3).
11.2 Employees to Work
Reasonable Overtime
(i) Subject to
paragraph 11.2(ii), an employer may require an employee to work reasonable
overtime at overtime rates.
(ii) An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
For the purposes of this subclause, what is
unreasonable or otherwise will be determined having regard to:
(a) any risk to
employee health and safety;
(b) the employee's
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study commitments;
(c) the urgency of
the work to be performed during overtime, the impact on the operational
commitments of the organisation and the effect on client services;
(d) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) any other
relevant matter.
11.3 Overtime Rates
Overtime will be paid for at the rate of time and a
half for the first 2 hours and thereafter at double time, to be calculated on
the basis of each completed unbroken period of overtime; provided that double
time will be paid for all work performed on Sundays and double time and a half
shall be paid for all work performed on public holidays.
11.4 Minimum Periods
An employee who works overtime:
(i) on a Saturday,
Sunday or public holiday; or
(ii) by being
recalled after leaving work, prior to their next scheduled period of ordinary
time duty,
shall be paid for no less than 4 hours' work, at the
appropriate rate.
11.5 Break from Duty
Following completion of overtime, an employee shall
either:
(i) be released
from resuming ordinary duty for an unpaid period of 10 consecutive hours,
excluding travel; or
(ii) if required to
resume or continue working without having had an unpaid break of 10 consecutive
hours, excluding travel, be paid at the rate of double time until such a break
is given.
Provided that, if the provision of an unpaid break
under this subclause results in an employee performing less than 38 ordinary
hours of duty in a week (paid at either ordinary or any other loaded rate),
then any shortfall shall be paid at ordinary rates.
11.6 Meal Breaks
(i) Employees who
have not been afforded a meal break of at least 30 minutes in duration,
commencing by 1.00 p.m., shall be paid overtime rates for all time worked
between 1.00 p.m. and the time when they do receive a meal break of no less
than 30 minutes.
(ii) Employees
working overtime will be entitled to a paid meal break of 30 minutes:
(a) after working 2
hours' overtime following the completion of a full period of ordinary time,
where more than 2 hours' overtime is required ;
(b) after working
every 4 hours' overtime without a meal break; and
(c) where overtime
on a Saturday, Sunday or public holiday continues after 12.00 noon, the break
will occur between 12 noon and 1.00 p.m.
11.7 Meal Allowance
Employees who are directed to work overtime and who,
through insufficient notice, need to buy meals shall be paid a meal allowance
for any meal break for which they are entitled under paragraph 11.6(ii) at the
rates specified in Schedule 3.
For the purposes of this subclause, sufficient notice
will be 12 hours prior to commencement of overtime or such lesser period as is
reasonable in the circumstances.
12. Rostered Days Off
12.1 Entitlement
(i) An employee’s
ordinary hours will be worked on no more than 57 days in each 84-day cycle,
Monday to Friday, with 3 days in each period being regarded as a rostered day
off (RDO). Each day of paid leave taken
and any public holidays occurring during any cycle of 4 weeks shall, for the
purposes of this paragraph, be regarded as a day worked.
(ii) An employee who
has not worked 57 days in a complete 84-day cycle shall receive pro rata
accrued entitlements for each day worked (or for each fraction of a day
worked), payable for the rostered day off or, in the case of termination of
employment, on termination.
12.2 Scheduling RDOs
(i) An employee’s
RDO will be scheduled in advance of each cycle in which it occurs, taking into
account the interests of employees and ensuring that the Departments’ or the
Corporation’s operational needs are met having regard to seasonal, climatic and
workload factors.
(ii) With a minimum
of 12 hours' notice to affected employees and without penalty to the
Departments or the Corporation, RDOs may be rescheduled to satisfy operational
needs. Agreed substitute RDOs are to be
provided by mutual agreement and may only be deferred under circumstances of
emergency.
12.3 Accumulating RDOs
(i) Employees may
accumulate (bank) up to 10 RDOs.
Employees will be given an opportunity to take their accumulated RDOs at
a time convenient to both the employee and the Departments or the Corporation
prior to the end of February in each calendar year.
(ii) Employees may
take their accumulated RDOs by agreement with the appropriate manager:
(a) consecutively to
a maximum of 10 days; or
(b) by working 9-day
fortnights; or
(c) by a combination
of these 2 methods.
Employees may agree with their manager to defer taking
some of their accumulated RDOs, provided that RDOs are not forfeited and
provided that no more than 10 RDOs are accumulated at any one time.
(iii) Once scheduled,
the only circumstances in which a "banked" RDO will be required to be
worked is fire or similar state of emergency.
13. Leave
13.1 General
Provisions
The Departments and the Corporation shall be bound by
the provision of the Uniform Leave Conditions for Ministerial employees,
subject to the amendments and additions specified in this clause.
13.2 Sick Leave
(i) Sick leave will
accrue on a calendar year basis, with the full annual entitlement being
available from 1 January each year for staff employed as of that date.
(ii) New employees
who commence after 1 January will receive a pro rata credit for that proportion
of the calendar year remaining. Sick
leave taken during the first 3 months of employment will only be paid upon the
completion of 3 months' service and following one month's continuous service
without the taking of any sick leave, up to a maximum entitlement of 15 days'
paid sick leave per annum.
(iii) Unused sick
leave entitlements will accrue, in accordance with Ministerial Leave Conditions.
13.3 Parental leave
13.3.A Parental
leave for casual employees
(i) Refer to the Industrial
Relations Act 1996 (NSW). The following provisions shall also apply in
addition to those set out in the Industrial Relations Act 1996 (NSW).
(ii) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee or
employee’s spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
13.3.B Communication
during Parental Leave
(i) Where an
employee is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
(a) make information
available in relation to any significant effect the change would have on the
status or responsibility level of the position the employee held before
commencing parental leave; and
(b) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(ii) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of 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.
(iii) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph 13.3.4.1
above.
13.3.C Right to
request
(i) An employee
entitled to parental leave may request the employer to allow the employee:
(a) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight weeks
(b) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months
(c) to return from a
period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(ii) The employer
shall consider the request having regard to the employer’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the organisation’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(iii) The employee’s
request and the employers decision made under 13.3C (i)(b) and 13.3C (i)(c)
must be recorded in writing.
(iv) Where an
employee wishes to make a request under 13.3C(i)(a), such a request must be
made as soon as possible but no less than seven weeks prior to the date upon
which the employee is due to return to work from parental leave.
13..4 Personal/Carer’s
Leave
13.4A. Use of
Sick Leave
(i) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in section 13.4A(iii)(b), shall be entitled to use, in
accordance with this subclause, any sick leave accruing from 1 January 1998 in
terms of subclause 13.2 for absences to provide care and support for such
persons when they are ill. Such leave
may be taken for part of a single day.
(ii) The employee
shall, if required, establish, either by production of a medical certificate or
statutory declaration, the illness of the person concerned.
(iii) The
entitlement to use sick leave in accordance with this subclause is subject to:
(a) the employee
being responsible for the care of the person concerned; and
(b) the person
concerned being:
(1) a spouse of the
employee; or
(2) a de facto
spouse who, in relation to the employee, is a person of the opposite sex to the
employee who lives with the employee as the husband or wife of the employee on
a bona fide domestic basis although not legally married to that person; or
(3) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian ),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(4) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(5) a relative of
the employee who is a member of the same household where, for the purposes of
this subparagraph:
I. "relative"
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
II. "affinity"
means a relationship that one spouse because of marriage has to the relatives
of the other; and
III. "household"
means a family group living in the same domestic dwelling.
(iv) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of the absence.
13.4.B Use of
Annual Leave
An employee may elect with the employer’s agreement to
take annual leave at any time within a period of 24 months from the date at
which it falls due.
13.4.C Unpaid
Leave for Family Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in section 13.4A(iii)(b) who is ill.
13.4.D Personal
Carers entitlement for casual employees
(i) Casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a family member described in clause 13.4A(iii)(b) of the
Award who is sick and requires care and support, or who requires care due to an
unexpected emergency, or the birth of a child.
This entitlement is subject to the evidentiary
requirements set out below in (iv), and the notice requirements set out in (v).
(ii) The Department
Head and the casual employee shall agree on the period for which the employee
will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
(iii) A Department
Head must not fail to re-engage a casual employee because the employee accessed
the entitlements provided for in this clause. The rights of an employer to
engage or not to engage a casual employee are otherwise not affected.
(iv) The casual
employee shall, if required,
(a) establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person, or
(b) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, a casual employee must not
take carer's leave under this subclause where another person had taken leave to
care for the same person.
(v) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee will inform the employer within 24 hours of the absence.
13.4.E Bereavement
entitlements for casual employees
(i) Casual
employees are entitled to not be available to attend work, or to leave work
upon the death in Australia of a person prescribed in subclause (iii)(b) of
Clause 13.4C Personal/Carers Leave.
(ii) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. 2 days) per occasion. The casual employee is not entitled to any payment
for the period of non-attendance.
(iii) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
13.5 Annual Leave
(i) An employee may
elect, with the consent of the employer, to take annual leave not exceeding 10
days in single-day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(ii) Access to
annual leave, as prescribed in subparagraph 13.5(i), shall be exclusive of any
shutdown period provided for elsewhere under this Award.
(iii) Where
applicable, an employee and employer may agree to defer payment of annual leave
loading in respect of single-day absences until at least 5 consecutive annual
leave days are taken.
13.6 Time Off in Lieu
of Payment for Overtime
(i) An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
(ii) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary-time
rate, that is, an hour for each hour worked.
(iii) If, having
elected to take time as leave in accordance with subparagraph 13.6(i), the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the 12-month period or on termination.
(iv) Where no
election is made in accordance with subparagraph 13.6(i), the employee shall be
paid overtime rates in accordance with the Award.
13.7 Make-up Time
An employee may elect, with the consent of the
employer, to work "make-up time", under which the employee takes time
off ordinary hours, and works those hours at a later time, during the spread of
ordinary hours provided in the Award, at the ordinary rate of pay.
13.8 Public Holidays
Payment (to the extent which would ordinarily have been
paid had the day been a working day) shall be made for the following days:
New Year's Day, Australia Day, Anzac Day, Good Friday,
Easter Monday, Queen's Birthday, Labour Day, Christmas Day, Boxing Day,
whenever celebrated, and all other gazetted holidays
proclaimed to operate throughout the State of NSW.
13.9 Union Picnic Day
(i) The picnic day
will be held during the Christmas - New Year period.
(ii) All employees
will, as far as practicable, be given and will take this day as picnic day and
shall be paid therefore as for 8 hours’ work at the rates of pay prescribed in
this Agreement.
13.10 Recreation Leave
Management
(i) At least 2
consecutive weeks of recreation leave shall be taken by an employee every 12 months,
except by agreement in special circumstances.
(ii) When an
employee has achieved an accrual of 30 days' recreation leave (maximum accrual
without review is 40 days), their manager or supervisor will discuss the
management of that accrued recreation leave with the employee, so that it may
be taken at a time which suits the operational needs of the Departments or the
Corporation and the needs of the individual.
14. Allowances to
Reimburse Expenses
14.1 Reimbursement of
Meal Allowances - No Overnight Stay
Expenses incurred by employees when they are directed
to travel on official business, including outside their normal working hours,
without having to remain away from home base overnight and where meals are not
provided by the employer, will be reimbursed to the level specified under this
subclause. This entitlement to
reimbursement is in lieu of any allowances which may otherwise apply under
subclause 11.7. Receipts will not be
required to substantiate meal expenditures claimed up to the levels set out in
Schedule 3.
14.2 Reimbursement for
Accommodation and Meals - Overnight Stay
(i) Where the
employee is required to stay overnight and accommodation is not provided by the
employer, the employee will be paid the actual cost of living expenses upon
production of receipts plus a daily margin as per Schedule 3.
(ii) Where the
employee is required to stay overnight and accommodation is provided by the
employer, the employee will be paid the daily margin as per Schedule 3.
14.3 Travelling Time
(i) Time spent
travelling on official business during ordinary hours of work is regarded as on
duty and is comprehended within an employee’s minimum rate of pay as prescribed
by clause 10. Time spent travelling on
official business outside ordinary hours will attract additional payment or
compensation, at the employee’s ordinary rate of pay, i.e. single time.
(ii) Where an
employee is required to commence and/or finish work at a temporary work
location, that is, not at their normal depot or workshop, they may be required
to travel up to 20 minutes each way in their own time. Any time spent travelling beyond 20 minutes
will be compensated at the employee’s ordinary rate of pay, i.e. single time.
14.4 Camping Expenses
(i) The employer
may elect to provide camping facilities for which a camping allowance is
paid. The camping allowance is as
prescribed in Schedule 3.
(ii) Where the
employee is required to camp and camping facilities are not provided by the
employer in accordance with paragraph 14.4.(i), the camping equipment allowance
prescribed in Schedule 3 shall be paid.
15. Inclement Weather
Definition
For the purposes of this clause, "inclement
weather" means wet weather or abnormal climatic conditions such as hail,
cold, high winds, severe dust storms, extreme high temperature or any
combination thereof.
15.1 Continuation of
Work
Appropriate functions can be carried out in inclement
weather conditions, provided protective clothing of an agreed standard is
issued. Decisions on working in
inclement weather will rest with the supervisor after consultation with the
staff affected and consistent with sound occupational health and safety
principles:
16. First-Aid and
Health and Safety Issues
(i) Where
practicable, no less than one of the employees in each work group shall have a
recognised qualification in first-aid.
(ii) A standard
first-aid kit shall be provided and maintained by the employer on all worksites
to which this Agreement applies.
(iii) In the event
of any serious accident, happening or serious sickness occurring to any
employee whilst at work, in the camp or going to or from the camp, the employer
shall provide transport facilities to the nearest hospital or doctor at its
expense.
(iv) Any employee
who is appropriately qualified and is appointed by the employer to perform
first-aid duty to any work group shall be paid a first-aid allowance in
accordance with Schedule 3.
17. Work Apparel
The employer will issue, free of cost to staff, the
following work apparel:
|
Item
|
Number
|
|
Trousers
|
4
|
|
Shirt (long/short sleeves)
|
4 (any combination)
|
|
Wool jumper
|
1
|
|
Jacket
|
1
|
One pair of overalls may be substituted for any pants/shirt
combination.
2 sweat shirts may be substituted for the woollen jumper.
When requested by Workshop staff, up to 2 pairs of shorts
may be substituted for up to 2 pairs of (long) trousers (to be worn under
overalls)
Work apparel will be replaced on a fair-wear-and-tear,
new-for-old-exchange basis.
It is a condition of employment that staff must wear the
work apparel that is issued to them by the employer whilst on duty.
Staff will be responsible for the cost of laundering and
maintenance of work apparel issue to them.
18. Tools and
Protective Clothing
(i) All tools
required by employees shall be provided free of charge by the employer.
(ii) The employer
shall supply and the employee will wear, where appropriate, protective
equipment and clothing as required by the OH&S Act 2000 and
Regulations as amended, e.g. hats, eye protection, overalls, etc.
(iii) Protective
equipment and clothing remains the property of the employer and, on
resignation, retirement or dismissal, will be returned to the employer, if
requested.
(iv) An employee
whose protective equipment and clothing is worn, spoiled or damaged due to the
circumstances of their employment shall have the clothing replaced at no cost
to the employee.
19. Settlement of
Disputes
In accordance with the provisions of section 14 of the Industrial
Relations Act 1996, the undermentioned procedures shall be applied in the settlement
of disputes:
(i) Reasonable time
limits as defined in clause 3.vi must be allowed for discussion at each level
of authority.
(ii) The employee,
employees or their representatives are required to notify the Departments or
the Corporation (the supervisor in the first instance) (in writing or
otherwise) as to the substance of the grievance/dispute, requesting a meeting
with the Departments or the Corporation (Supervisor) for initial discussions
and stating the remedy sought.
(iii) Where a
dispute arises in a particular section which cannot be resolved between the
employees or their representative and supervising staff, it shall be referred
to the Departments' or the Corporation’s Industrial Relations Co-ordinator or
other nominated officer who may arrange for the matter to be discussed with the
Union or Unions concerned.
(iv) Failing
settlement of the issue at this level, the matter should be referred to senior
management. If the matter remains
unresolved and if appropriate, the assistance of an officer of the Public
Employment Office may be requested by the Departments or the Corporation.
(v) If the matter
remains unsolved, it should be referred to the Industrial Relations Commission
under section 130 of the Industrial Relations Act 1996.
(vi) Whilst these
procedures are continuing, no stoppage of work or any form of limitation of
work (excepting safety-related issues) shall be applied.
20.
Anti-Discrimination
20.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and responsibilities
as a carer.
20.2 It follows that,
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the Award which, by its terms or operation, has a direct or indirect
discriminatory effect.
20.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
20.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
20.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
21. Counselling and
Discipline
This clause shall not apply where the actions and/or
behaviour of an employee are such as to constitute grounds for dismissal in
accordance with subclause 81.
21.1 Early
Intervention and Informal Counselling
(i) Poor
performance should be dealt with as performance difficulties are
identified. For example:
(a) agreed goals and
targets are not achieved within a reasonable or agreed time;
(b) agreed tasks are
not performed; or
(c) identified
skills required are not demonstrated.
(ii) Informal
counselling by the manager/supervisor of the employee should only occur under
the following conditions:
(a) The employee is
given reasonable notice of the proposed informal counselling session and the
purpose of the session.
(b) The
manager/supervisor should confine the counselling session to work performance,
informing the employee of identified deficiencies in their performance by
reference to the employee’s work plan.
The employee should be given the opportunity to respond to this
information, which may or may not resolve the problem. If unresolved, the manager/supervisor will
verbally, and in writing, confirm the work performance issues requiring
improvement, the targets to be achieved, and the timeframe. The employee will also be informed of the
next steps to be followed if improvements to work performance are not achieved
within the required timeframe.
(c) If possible, the
outcome of informal counselling should be agreed by the employee and their
manager/supervisor. If the employee
disagrees with the manager/supervisor’s views on their work performance and/or
proposals to improve work performance, they are to be informed of their right
to use the agency’s grievance and dispute resolution procedures.
(d) Resolution of
the employee’s grievance or dispute may result in the following:
no further action in regard to the employee’s work
performance; or
implementation of informal counselling outcomes; or
formal counselling if the level of poor work
performance cannot be effectively managed by informal counselling or the staff
member refuses to accept informal counselling outcomes; or
administrative action if the work performance has been
caused by organisational, personal or external factors.
Early and effective information counselling in most
areas will address work performance problem and inform the employee that poor
work performance is unacceptable.
21.2 Formal
Counselling and Development of a Performance Improvement Plan
(i) Formal
counselling would normally be required in situations where:
(a) performance is
still poor after informal supervisory counselling;
(b) the poor
performance is beyond the scope of informal supervisory counselling;
(c) the poor
performance exists at a formal feedback point in the annual cycle of
performance assessments; or
(d) poor performance
exists at the end of a probationary period.
(ii) A formal
counselling session would normally be the responsibility of the employee’s line
manager and conducted:
(a) at a
predetermined time and location;
(b) with the
employee having received adequate written notice of the purpose of the session,
who will be in attendance, the poor work performance issues to be canvassed,
proposed strategies to address poor work performance, consequences of continued
poor performance and the purpose of a performance improvement plan;
(c) in accordance
with the agenda. If there is no
identified organisational, personal or external factors or deficiencies that
can be attributed to the poor work performance, an agreed documented
performance improvement plan should be developed by the manager/supervisor and
employee;
(d) with a support
person in attendance (such a Union delegate or colleague) if desired by the
employee.
The performance improvement plan should include agreed
dates for progress reviews and be signed by the manager/supervisor and
employee.
The employee’s rights in relation to formal grievance
and dispute resolution procedures should be maintained which, depending on the
outcome, may result in:
(a) no further
action in regard to the employee’s work performance; or
(b) implementation
of formal disciplinary action if the employee has not good cause or reason to
accept formal counselling; or
(c) alternative
administrative action if the poor work performance is the result of
organisational, personal or external problems.
(iii) At the end of
a formal counselling session, the employee and their manager/supervisor should
be fully aware of the future management of the employee’s work performance.
(iv) This information
should be summarised in the formulation of a performance improvement plan. The
performance improvement plan should be signed and a time agreed for the
follow-up meeting. A copy should be
given to the employee.
21.3 Follow-up Review
of the Performance Improvement Plan
(i) At the agreed
date, the supervisor and employee should review the employee’s performance and
the remedial action taken as a result of the performance improvement plan.
(ii) Where it is
agreed that the performance is satisfactory, this should be documented and
future performance should continue to be assessed through the normal feedback
cycle of the performance management system.
However, consideration should be given to setting an interim date for
further counselling to assist the employee if required.
(iii) If the
employee has failed to improve performance at the agreed date, the supervisor
should consider further action including:
(a) extension of the
review period;
(b) transfer to
another location at an equivalent grade;
(c) use of
sanctions; and
(d) disciplinary
action.
(i) As in the
previous counselling session, the principles of maintaining accurate records,
informing those involved and allowing adequate preparation time should be
followed.
(ii) Any decision
or recommendation made should be conveyed to the employee in writing and
include:
(a) the decision or
recommendation;
(b) a summary of the
procedure to date and the basis for the decision;
(c) the consequence
of the decision and, if applicable, the legislative basis under which any
further action is being taken; and
(d) advice on how to
access further information and assistance if required.
(i) Where
consideration is being given to either extension of the review period, or
transfer, the matter should be discussed with the employee and agreement to
proceed sought. Otherwise, the agency’s
grievance and dispute resolution mechanism could be utilised. Failure to agree does not in itself preclude
the proposed course of action but should raise serious doubts about the
potential for success.
21.4 Use of Sanctions
(i) If performance
remains poor after the formulation and review of the performance improvement
plan, it may be appropriate to consider the use of sanctions. The use of sanctions is intended to bring
about an improvement in the performance of an individual. Sanctions must be related to work
performance only. They may include the
following:
(a) extension of
probation period;
(b) cancellation of
increment;
(c) cancellation of
flex time; and/or
(d) cancellation of
access to study leave provisions.
(ii) Intended or
actual use of any sanction must be approved at the appropriate managerial level
and documented both in a written statement to the staff member and in the
revised performance improvement plan.
21.5 Disciplinary
Action
(i) Disciplinary
action may be appropriate where performance remains poor despite 2
opportunities to reach a satisfactory level.
(ii) Where
consideration is being given to disciplinary action, the procedures contained
within the Public Sector Employment and Management Act 2002 and
Regulation should be followed.
Additional guidance is contained in the Personnel Handbook.
22. Contractors’
Protocol
Where work is to be carried out by contract, including
subcontract, the Department or the Corporation will:
(i) ensure that all
tenders are properly scrutinised to ensure that prospective tenderers would, if
successful, be paying Award rates, providing Award conditions and complying
with other statutory provisions and the Departments’ or the Corporation’s
specified standards, including but not limited to safe working procedures.
(ii) on being
advised or otherwise becoming aware that a contractor or subcontractor is not
paying Award rates, providing Award conditions or complying with any other
statutory provisions, the Departments or the Corporation will take necessary
action to ensure that the situation is rectified. Should the contractor or subcontractor continue to breach the
provision, then appropriate action, including termination of contract, will, if
appropriate, be implemented.
23. Agreed Procedures
for Market Testing and Contracting Out
Where work is presently carried out by the Departments’ or
the Corporation’s wages staff, the parties agree that the Government’s policy
on Service Competition will be observed.
24. Ongoing Award
Review
(i) A Single
Bargaining Unit (SBU) will be established to monitor the viability of this
Award and ensure adherence to the terms contained herein.
(ii) The
appropriateness of this Award and the clauses contained within to the
Departments or the Corporation and the Unions will be reviewed by the SBU
continually while this Award is operating.
(iii) This Award
will continue to operate after its nominal expiry date unless the Departments
or the Corporation or the Union provide one month’s notice that it is to
expire.
(iv) The SBU will be
responsible for initiating and formulating any amendments to be developed and
approved to this Award or replacement Award.
(v) An Award
developed by the SBU under subclause 24(iv) will replace this Award on:
(a) the date of
commencement of such Award; or
(b) another date,
as agreed between the Departments or the Corporation
and Unions.
25. Deduction of
Union Membership Fees
(i) The Union shall
provide the employer with a schedule setting out Union fortnightly membership
fees payable by members of the Union in accordance with the Union’s rules.
(ii) The Union
shall advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any
variation to the schedule of Union fortnightly membership fees payable shall be
provided to the employer at least one month in advance of the variation taking
effect.
(iii) Subject to
subclauses 25(i) and 25(ii), the employer shall deduct Union fortnightly
membership fees from the pay of any employee who is a member of the Union in
accordance with the Union’s rules, provided that the employee has authorised
the employer to make such deductions.
(iv) Monies so
deducted from employee’s pay shall be forwarded regularly to the Union together
with the necessary information to enable the Union to reconcile and credit
subscriptions to employees’ Union membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the Union, all Union membership
fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of Union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
PART B
MONETARY RATES
Schedule 1 - Wage
Rates
|
|
01 July 2007
|
|
|
$
|
|
Trainee
|
667.10
|
|
Grade I
|
695.40
|
|
Grade II
|
733.10
|
|
Grade III
|
772.10
|
|
Grade IV
|
793.70
|
|
Grade V
|
838.30
|
|
Grade VI
|
893.60
|
|
Grade VII
|
938.30
|
Schedule 2 -
Conservation Field Officers Proposed Tasks/Competency and Grading Alignment
This document outlines the work undertaken by Conservation
Field Officers and the appropriate units of competence (competency) that aligns
with the work. The relevant tasks and
competencies have been matched to the proposed grading structure.
Work groups have been established to assist all stakeholders
to validate the proposed structure. The
workgroups are:
|
Group 1
|
Farm Operations
|
|
Group 2
|
Water Operations
|
|
Group 3
|
Lands/Park Operations
|
|
Group 4
|
Dam Operations
|
|
Group 5
|
River Operations
|
|
Group 6
|
Fitters Operations
|
|
Group 7
|
Survey Field Operations
|
|
Group 8
|
Building Maintenance Operations
|
|
Group 9
|
Earthmoving Operations
|
The purpose of this document and format is to establish an
understanding of the relationship between the work undertaken and the
competency achieved and the level or grade at which that work will be
recognised.
The competencies identified for each work group and grade
are nationally endorsed units of competence.
The units have been selected from various industry packages as examples
of units of competence which reflect the work undertaken by the staff covered
by the new consent Award. The selection
of the competencies for each grade will be subject to ongoing review and
replacement as the nature of work and technology changes. The identifying codes for each competency
indicate the current source industry package.
Example competencies have been accessed from packages which include:
Rural Production, RTE03
Amenity Horticulture, RTF03
Conservation and Land Management, RTD02
Water Industry, NWP01
Asset Maintenance, PRM04
Asset Security, PRS03
Civil Construction, BCC03
General Construction, BCG03
Metal and Engineering Industry, MEM98
Public Safety, PUA00
Forest and Forest Products Industry, FPI99
Extractive Industry, MNQ03
Laboratory Operations, PML99
Automotive Industry Retail, Service and Repair
Business Services, BSB01
Transport and Distribution, TDT02
Sea Food Industry, SFI04
Electrotechnology, UTE99
Property Development and Management, PRD01
National Public Services, PSP99
When reviewing the relevant section/s of this document,
stakeholders need to confirm that the competencies are representative of the type
of work carried out in their respective workgroups. The refinement of identifying the specific competencies to
positions will be addressed in the transitional arrangements which will proceed
outside the formal Award.
Following is the grading structure and the proposed
task/competency alignments for each work group: