Superannuation Administration
Corporation (Salaries and Conditions) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1699 of 2007)
Before Commissioner
Ritchie
|
18 December 2007
|
REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Application
5. Coverage
6. Statement
of Intent
7. Availability
of Award
8. Determinations
and Approvals
9. Consultative
Arrangements
10. Local
Award Conditions Arrangements
11. Association
Activities
12. Terms of
Employment and Termination
13. Appointment
of Staff
14. Categories
of Employment
15. Creating
Positions and Filling
16. Probation
17. Working Hours
18. Flexible
Working Hours Arrangements
19. Salaries
20. Salary
Increments
21. Salary
Sacrifice to Superannuation
22. Overtime
23. Shift Work
24. Meal
Allowance
25. Meal
Allowance - Journey Not Requiring Temporary Residence
26. Travelling
Allowance - On Official Duty
27. Travelling
Allowance - Compensation
28. Excess
Travelling Time Allowance
29. Higher
Duties Allowance
30. Semi-Official
Telephones Allowance
31. First-Aid
Allowance
32. On Call
(Stand-By) Allowance
33. Recruitment
and Retention Allowance
34. Annualised
Allowance
35. Review of
Allowances Payable in terms of this Award
36. Out-of-Pocket
Expenses
37. Compensation
for Damage to or Loss of Staff Member’s Personal Property
38. Compensation
for Official Use of Private Motor Vehicle
39. Transferred
Employees Compensation
40. General
Leave Provisions
41. Application
for Leave
42. Adoption
Leave
43. Annual
Leave
44. Annual
Leave Loading
45. Long
Service (Extended) Leave
46. Leave
Without Pay
47. Maternity
Leave
48. Parental
Leave
49. Military
Leave
50. Family and
Community Service Leave
51. Sick Leave
52. Special
Leave
53. Notification
of Absence from Duty
54. Public
Holidays
55. Study Time
56. Reimbursement
of Fees
57. Training
and Development
58. Motor
Vehicles
59. Flexible
Work Practices
60. Working
from Home
61. Part-time
Work and Job-Share Arrangements
62. Secondary
(Private) Employment
63. Performance
Management and Appraisal
64. Conduct
and Discipline of Employees
65. Managing
Displaced Staff and Redundancy
66. Anti-Discrimination
67. Transitional
Arrangements
68. Grievance
and Dispute Settling Procedures
69. Relationship
to Other Awards
70. Deduction
of Union Membership Fees
71. Secure
Employment
72. Additional
Maternity, Adoption and Parental Leave Entitlements
73. Casual
Personal Carers and Bereavement Leave Entitlements
74. No Extra
Claims
75. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Allowances
Table 2 - Salaries
Table 3 - Settlement Periods for Work Hours System
2. Title
This Award shall be known as the Superannuation
Administration Corporation (Salaries and Conditions) Award 2007.
3. Definitions
"Accelerated progression" means the justified
movement of staff salaries through the years in a level, without having to
increment one year at a time.
"Act" means the Superannuation Administration
Authority Corporatisation Act 1999.
"Association" means the Public Service Association
and Professional Officers' Association Amalgamated Union of New South Wales.
"Broadband" means the ability of the Corporation
to combine more than one level of salaries together to form a broad-banded
level for a position.
"Chief Executive Officer" or "CEO" means
the Chief Executive Officer of the Superannuation Administration Corporation
who has been delegated particular powers under the Act or a person authorised
by the Chief Executive Officer.
"Contract staff" means staff not covered by this
Award, but engaged by the Corporation through a contract of employment for a
specific period of time.
"Corporation" means the Superannuation Administration
Corporation as established by the Superannuation Administration Authority
Corporatisation Act 1999.
"Family" means a family as defined in the Sick
Leave to Care for a Family Member subclause of this Award.
"Local working arrangement" is an agreement
arrived at between the staff member and their Manager to have time off in
addition to or separately from the agreed
flex day each settlement period. This is on the basis that work has been
completed in a timely manner as per agreed outcomes. This local working arrangement merely changes the work patterns
of a staff member; it is not an extra entitlement and remains at the discretion
of the Manager by agreement with the staff member.
"Memorandum of Understanding (MOU)" means the
document signed as an adjunct to this Award between the Corporation and the
Association. It sets out agreements
reached and commitments made after bargaining in good faith by the parties in
the making of this Award and identifies key areas to be addressed during the
life of the Award. It is to be read in conjunction with the Award as made by
the NSW Industrial Relations Commission.
The intent of the MOU is to facilitate the establishment and
maintenance of improved and flexible workplace conditions that recognise the
professionalism, dedication and commitment of management and staff in achieving
the Corporation’s goals, objectives and services to the public of NSW and
premised on the basis that there will be no new salaries, condition or other
claims arising from negotiation of productivity and efficiency improvements
covered by this MOU.
"Staff member" or "Employee" means and
includes all persons who are permanently or temporarily employed by the
Corporation under the Superannuation Administration Authority
Corporatisation Act 1999, and covered by this Award.
"Workplace" means the whole of the Corporation or,
as the case may be, a branch or section of the Corporation in which the staff
member is employed.
"Workplace Management" means the Chief Executive
Officer (CEO) or any other person authorised by the CEO to assume
responsibility for the conduct and effective, efficient and economical
management of the functions and activities of the Corporation or part of the
Corporation.
4. Application
The parties to this Award are the Superannuation
Administration Corporation and Public Service Association and Professional
Officers' Association Amalgamated Union of New South Wales.
5. Coverage
The provisions of this Award shall apply to staff employed
by the Corporation but not to staff employed under a Senior Executive Service
or other type of written contract of employment.
6. Statement of
Intent
6.1 This Award
aims to consolidate in one document all the salaries and common conditions of
employment of staff employed in the Corporation and to encourage consultative
processes to facilitate greater workplace flexibility, productivity, continuous
improvement and reforms.
6.2 The Award also
acknowledges the agreement made by the NSW Government and Peak Public Sector
Unions in a Memorandum of Understanding that provides a co-operative and
productive partnership to achieve a co-ordinated, whole-of-Government approach
to improving service delivery to the people of NSW and enhancing the quality of
life of staff members. This includes
taking a balanced approach to economic, social and environmental impacts of
these initiatives.
The agreement is premised on the basis that there will
be no new salaries or condition claims arising from negotiation of productivity
and efficiency improvements covered by this agreement.
7. Availability of
Award
The CEO shall cause a copy of the Award and any such other
information relating to employees of the Corporation, as the Corporation
considers appropriate, to be kept in each Division or Branch of the Corporation
for the use of the employees therein.
8. Determinations and
Approvals
8.1 Any
determination or approval required to be given by the CEO or the Corporation
under this Award shall be made, wherever possible, after discussion with the
Association.
8.2 The forum for
such discussions shall be formally conducted through the Corporation’s regular
Joint Consultative Committee (JCC) meetings or in special circumstances,
directly with the Association or affected employee.
8.3 In the case
where the determination or approval affects an individual employee, the prior
and appropriate discussion shall be made with that employee. If the employee is a member of the
Association, the discussions shall, at the request of the employee, be
conducted in the presence of an Association representative.
8.4 A
determination or an approval of the CEO of the Corporation under this award may
apply to the whole Corporation, parts of the Corporation, or individual staff
in circumstances that warrant it.
9. Consultative
Arrangements
The parties to this Award shall through the established
Joint Consultative Committee (JCC) on matters of mutual interest and concern,
both formal and informal, encourage and facilitate workplace reform and
equitable, innovative and productive workplace relations.
10. Local Award
Conditions Arrangements
10.1 Local award
conditions arrangements may be negotiated between the CEO and the Association
in respect of the whole Corporation or part of the Corporation.
10.2 All local award
conditions arrangements or variations negotiated between the CEO and the
Association must be contained in a formal document, such as a co-lateral
agreement, a memorandum of understanding, variation to this award, enterprise
agreement or other industrial instrument.
10.3 Subject to the
provisions of subclause 10.2, nothing in this clause shall prevent the
negotiation of local award conditions arrangements between the CEO and the
Association in respect of the provisions contained in the Flexible Work
Practices clause of this Award, where the conditions of employment of any group
are such that the application of the work hours arrangements would not be
practicable.
11. Association
Activities
11.1 Association
Activities regarded as On Duty
An Association delegate will be released from the
performance of normal Corporation duty in respect of activities specified
below. While undertaking such
activities, the Association delegate will be regarded as being on duty and will
not be required to apply for leave:
(a) Attendance at
meetings of the workplace's Occupational Health and Safety Committee and
participation in all official activities relating to the functions and
responsibilities of elected Occupational Health and Safety Committee members at
a place of work as provided for in the Occupational Health and Safety Act
2000 and the Occupational Health and Safety Regulation 2001;
(b) Attendance at
meetings with workplace management or workplace management representatives;
(c) Where
operational requirements allow the taking of such time, a reasonable period of
preparation time, as approved by management, before -
(i) Meetings with
management;
(ii) Disciplinary
or grievance meetings when an Association member requires the presence of a
Association delegate; and
(iii) Any other
meeting with management;
(iv) Giving evidence
in court on behalf of the Corporation;
(v) Giving evidence
before an Industrial Tribunal as a witness for the Association;
(vi) Distributing
official Association publications or other authorised material at the
workplace, provided that a minimum of 24 hours' notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is to be kept to a minimum
and is to be undertaken at a time convenient to the workplace.
11.2 Association
Training Courses
The following training courses will attract the grant
of approved leave as specified below:
(a) Accredited
Occupational Health and Safety (OH&S) courses and any other accredited
OH&S training for OH&S Committee members.
The provider(s) of accredited OH&S training courses
and the conditions on which special leave for such courses will be granted
shall be negotiated between the CEO and the Association under a local award
conditions arrangement pursuant to the Local Award Conditions Arrangements
clause of this Award.
11.3 Period of
Notice for Association Activities
The Association must notify the CEO in writing or,
where appropriate, by the accredited delegate as soon as the date and/or time
of the meeting, conference or other accredited activity is known.
11.4 Access to
Facilities by Association Delegates
The workplace shall provide accredited delegates with
reasonable access to the following facilities for authorised Association
activities:
(a) Telephone,
facsimile and, where available, e-mail facilities;
(b) A notice board
for material authorised by the Association or access to staff notice boards for
material authorised by the Association;
(c) Workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the Association.
11.5 Responsibilities
of the Association Delegate
Responsibilities of the Association delegate are to:
(a) Establish
accreditation as a delegate with the Association and provide proof of
accreditation to the workplace;
(b) Participate in
the workplace consultative processes, as appropriate;
(c) Follow the
dispute settling procedure applicable in the workplace;
(d) Provide
sufficient notice to the immediate Supervisor of any proposed absence on
authorised Association business;
(e) Account for
all time spent on authorised Association business;
(f) Distribute
Association literature/membership forms, under local award conditions
arrangements negotiated between the CEO and the Association; and
(g) Use any
facilities provided by the workplace properly and reasonably as negotiated at
organisational level.
11.6 Responsibilities
of the Association
Responsibilities of the Association are to:
(a) Provide
written advice to the CEO about an Association activity to be undertaken by an
accredited delegate and, if requested, to provide written confirmation to the
workplace management of the delegate's attendance/participation in the
activity;
(b) Meet all
travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in the Responsibilities of Workplace Management
subclause of this Award;
(c) Provide proof
of identity when visiting a workplace in an official capacity, if requested to
do so by management;
(d) Apply to the
CEO well in advance of any proposed extension to the "on loan"
arrangement;
(e) Assist the
workplace management in ensuring that time taken by the Association delegate is
accounted for and any facilities provided by the employer are used reasonably
and properly; and
(f) Advise
employer of any leave taken by the Association delegate during the on loan
arrangement.
11.7 Responsibilities
of Workplace Management
Where time is required for Association activities in
accordance with this clause, the responsibilities of the workplace management
are to:
(a) Release the
accredited delegate from duty for the duration of the Association activity, as
appropriate and, where necessary, to allow for sufficient travelling time
during the ordinary working hours;
(b) Meet the
travel and/or accommodation costs properly and reasonably incurred in respect
of meetings called by the workplace management;
(c) Verify with
the Association the time spent by a Association delegate or delegates on Association
business, if required; and
(d) If the time
and/or the facilities allowed for Association activities are thought to be used
unreasonably and/or improperly, consult with the Association before taking any
remedial action.
11.8 Right of Entry
The right of entry provisions shall be as prescribed
under the Occupational Health and Safety Act 2000, the Occupational
Health and Safety Regulation 2001 and the Industrial Relations Act 1996.
11.9 Travelling and
Other Costs of Association Delegates
In respect of meetings called by the workplace
management in terms of the Responsibilities of Workplace Management subclause
of this Award, the payment of travel and/or accommodation costs, properly and
reasonably incurred, is to be made, as appropriate, on the same conditions as
apply under the Travelling Allowances - General, Meal Expenses on One-Day
Journeys, Travelling Allowances when Staying in Non-Government Accommodation,
Travelling Allowances when Staying in Government Accommodation, or Restrictions
on Payment of Travelling Allowances clauses of this Award.
11.10 Industrial
Action
(a) Provisions of
the Industrial Relations Act 1996 shall apply to the right of
Association members to take lawful industrial action.
(b) There will be
no victimisation of staff members prior to, during or following such industrial
action.
11.11 Deduction of
Association Membership Fees
(a) At the staff
member’s election, the CEO shall provide for the staff member’s Association
membership fees to be deducted from the staff member’s pay and ensure that such
fees are transmitted to the staff member’s Association at regular intervals.
(b) Alternative
arrangements for the deduction of Association membership fees may be negotiated
between the CEO and the Association in accordance with the Local Award
Conditions Arrangements clause of this Award.
12. Terms of
Employment and Termination
12.1 Staff offered
employment with the Corporation shall be advised of the terms and conditions of
employment and the availability of this Award.
12.2 An employee
shall give to the Corporation and the Corporation shall give to an employee, in
writing, 2 weeks’ notice of termination of employment.
12.3 The Corporation
shall be entitled to deduct out of the employee’s salary, such sums as the
employee authorises in writing.
13. Appointment of
Staff
13.1 Staff may be
employed by the Corporation on a permanent, temporary or casual basis.
13.2 The provisions
of this Award apply to permanent full-time, part-time and temporary staff,
except for the employment of casual employees whose conditions will be covered
by other clauses as specified in this Award.
13.3 Equal
Employment Opportunity (EEO) principles apply when recruiting and selecting
employees, regardless of the category of employment used.
14. Categories of
Employment
The Corporation may employ staff in any one of the following
ways:
14.1 Permanent
employment;
14.2 Temporary
employment; or
14.3 Casual
employment.
(a) Casual
employment is for situations where there is a need for additional staff for
irregular or intermittent work.
(b) Casual
employees are paid hourly rates, which carry a loading of 20% to offset the
fact that they receive no leave entitlements.
(c) Casual
employees are employed by the hour and may be terminated with one hour's
notice.
(d) Casual
employees are entitled to be paid overtime and/or penalty rates if the relevant
award requirements in relation to such benefits are satisfied.
(e) If the hours
the casual staff member is working become regular and if there is ongoing work
available and the staff member’s work performance is satisfactory, then the
Corporation shall review the employment arrangement and, where approved by the
CEO, may appoint the casual as a permanent employee on either a part time or
full time basis depending on the need.
(f) Casuals have
access to unpaid parental leave in accordance with clause 72, Additional
Maternity, Adoption and Parental Leave Entitlements of this Award.
(g) Casuals shall
also receive Personal Carers and Bereavement entitlements in accordance with
clause 73, Casual Personal Carers and Bereavement Leave Entitlements of this
Award.
15. Creating
Positions and Filling
15.1 The CEO may
classify and grade positions using an accredited job evaluation methodology.
15.2 The advertising
and filling of positions shall be in accordance with the principles of Merit
Selection and Equal Employment Opportunity (EEO).
15.3 All vacant
positions to be filled shall have an up-to-date position description completed.
15.4 Where the work
has changed substantially in any review of the position description, the
Corporation may, through job evaluation, change the grade of the position.
15.5 Non-discriminatory
and related selection criteria shall be developed for vacant positions.
15.6 Selection Committees
shall be established as required to determine eligibility of applicants for
vacant positions and make appropriate recommendations to the CEO.
15.7 All
appointments are subject to the approval of the CEO.
16. Probation
16.1 All new staff
appointed to positions with the Corporation shall, in the first instance, be
appointed on a probationary basis for a period up to 3 months.
16.2 The probation
period may be varied, extended for a further period to a total of 6 months, or
waived at the discretion of the CEO.
17. General Working
Hours
17.1 The ordinary
working hours for all employees shall be 35 per week, to be worked 7 hours per
day in continuous periods (except for a meal break of one hour) between the
hours of 8.30 a.m. and 4.30 p.m. and subject only to variations to working
hours as may be authorised under clause 18, Flexible Working Hours Arrangements
of this Award.
17.2 The person for
the time being in charge of a Division, Branch or Section of the Corporation
shall be responsible to the appropriate Divisional Head or Manager for the due
observance of the hours of attendance and the proper recording of attendance of
employees in that Division, Branch or Section.
17.3 The Corporation
may require a staff member to perform duties beyond the hours determined under
this clause but only if it is reasonable for the staff member to do so. A staff
member may refuse to work additional hours in circumstances where the working
of such hours would result in the staff member working unreasonable hours. In
determining what is unreasonable, the following factors shall be taken into
account:
(a) the staff
member's prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements;
(b) any risk to
staff member health and safety;
(c) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the Corporation and the effect on client services;
(d) the notice (if
any) given by the Corporation regarding the working of the additional hours,
and by the staff member of their intention to refuse the working of additional
hours; or
(e) any other
relevant matter.
18. Flexible Working
Hours Arrangements
The arrangements set out in this clause are those that apply
to all categories of staff covered by this Award unless otherwise determined by
the CEO.
18.1 Attendance and
Working Arrangements
(a) There are no
fixed rules regarding attendance times or days and subsequently there is no
requirement upon individuals to maintain any formal record of hours worked,
unless otherwise required by the Corporation.
(b) Attendance at
work for auditing purposes can be recorded either on flex sheets that record
hours worked, or attendance sheets that record days, or part thereof, worked.
(c) Where staff
are only required to formally keep an attendance sheet, they shall keep their
own personal record of hours worked (such as a flex sheet or diary) to ensure
provisions of the Industrial Relations Act 1996 as defined in this
clause are complied with.
(d) Within the
parameters of this clause, staff covered by this arrangement may reach mutual
agreement with their Supervisor regarding hours of work and attendance
patterns.
(e) Such working
hours need to be sufficient to satisfy the working requirements of the Business
Unit in accordance with agreed performance criteria and service delivery
standards to both internal and external clients and stakeholders of the
Corporation.
(f) On a Business
Unit basis, a daily register of staff attendance or a flex sheet is to be
maintained. These will serve as the
Leave Return Records required for auditing purposes to confirm attendance of
staff at work.
(g) Managers shall
keep a staff roster to record flex
leave identifiable in advance in a calendar year for workforce planning and
co-ordination of service delivery purposes.
(h) At all times,
in regard to flex leave, work schedules shall be agreed to in advance with a
reasonable period of time being given by staff and managers.
18.2 Hours of Work
(a) Notionally
staff will work a 35-hour week worked any time from Monday to Sunday.
(b) The normal
working week shall continue to be Monday to Friday with work on weekends and
after hours to be agreed and authorised beforehand.
(c) Work outside
of normal time that is approved or directed to be worked on the weekend or
during the week shall be paid at overtime rates in accordance with this Award.
(d) Whilst the
bandwidth is negotiated at the local level, staff will normally work the 35
hours between 7.00 a.m. and 7.00 p.m. subject to the requirements in paragraph
18.2(e) being complied with.
(e) In the absence
of negotiated local level core time arrangements taking into consideration the
business needs of the Corporation and its internal and external clients, the
notional times of 9.30 a.m. and 3.30 p.m. for core time shall apply.
(f) The
Corporation shall take reasonable steps to support staff to comply with the
provisions of the Industrial Relations Act 1996 which require that the
ordinary hours of employment not exceed a maximum of 35 hours per week,
averaged over a 12-week period.
(g) Under this
clause, staff shall attend their place of employment for sufficient hours to
perform their duties and to service Business Unit clients.
(h) The duties are
those as defined in the approved position description for the job and the
agreed performance management criteria for the position staff are appointed to
or in which they are acting.
(i) Flex leave
arrangements between staff and Team Leaders will be aimed at achieving the key
result areas for each position in compliance with the Corporation’s Strategic
Corporate Plan and the corresponding Business Plans for each Unit.
18.3 Flex Leave
(a) Staff may
accrue up to a minimum of one day each settlement period to be taken as a flex day
during that settlement period, or banked for later use.
(b) Staff covered
by this clause shall be entitled to an accrued or granted day off every
settlement period in a calendar year to be taken as a flex day (except staff on
standard hours).
(c) The day to be
absent from work shall be referred to as a "flex day" and shall be
taken by agreement between the staff member and their Team Leader. The taking
of a flex day is subject to approval of management who shall not unreasonably
withhold approval, having regard to the workload of the staff member and the
business requirements of the Corporation.
(d) A flex day in
a settlement period will not be granted where the performance of a staff member
is not considered to be at least satisfactory or above by the Team Leader, for
those keeping attendance sheets. For those staff using flex sheets, evidence of
sufficient hours worked to accrue the day off will be required.
(e) By agreement,
and at the convenience of the Corporation, more flexible arrangements in
relation to additional flex day (or
parts thereof) may be made between staff and Team Leaders on a local basis to meet personal and
business requirements.
(f) Where a flex
sheet is not used to record accrued time for the purposes of taking a flex day,
then the agreed work output or performance shall be used to justify the taking
or accrual or the flex day for that
settlement period. This is arrived at between the staff member and their Manager/Team
Leader to have time off on the basis that work has been completed in a timely
manner as per agreed outcomes.
(g) To meet either
unforeseen circumstances or regular deadlines, staff and Team Leaders may agree that staff may
postpone or "bank" an accrued flex day for a settlement period for
one or more months to a maximum of five days in a Calendar year.
(h) Subject to
agreement, between 3 and 5 flex days may be conserved by a staff member during
any one calendar year, during which time:
(i) Conserved
days may be taken in one block for the year, subject to arrangement with the
Team Leader (where this is requested, approval shall be sought in advance for
the between 3 and 5 day block of additional leave prior to the end of the
calendar year); or
(ii) Where no less
than 5 flex days have been banked throughout a calendar year, a staff member
may apply to have those 5 days "cashed in" at the staff member’s
ordinary rate of pay. Where the cashing in option is requested, this
application must be made prior to 11 November of the calendar year.
(iii) Any conserved
or banked days not taken or approved to be cashed in by the end of a calendar
year (i.e. 31 December) will be automatically forfeited.
(i) Where the
Corporation does not grant the conditions in paragraphs 18.3(h)(i) and
18.3(h)(ii) due to last minute work requirements, a block of between 3 and 5
days may be granted in each case.
(j) Local working
arrangements taken in addition to the accrued day off every settlement period
merely change the work patterns of a staff member; it is not an extra
entitlement and remains at the discretion of the Manager/Team Leader.
18.4 Morning and
Afternoon Tea Breaks
(a) Staff members
may take a 10-minute morning break, provided that the discharge of public business
is not affected and, where practicable, they do so out of the view of the
public contact areas. The taking of
such a break shall not disrupt normal work and shall be taken at the normal
place of work.
(b) Staff members
may also take a 10-minute afternoon break, subject to the same conditions that
apply to the morning break.
18.5 Meal Breaks
(a) Meal breaks
must be given to and taken by staff members.
(b) No staff
member shall be required to work continuously for more than 5 hours without a
meal break, provided that:
(i) Where the
prescribed break is more than 30 minutes, the break may be reduced to not less
than 30 minutes if the staff member agrees. If the staff member requests to
reduce the break to not less than 30 minutes, the reduction must be
operationally convenient; and
(ii) Where the
nature of the work of a staff member or a group of staff members is such that
it is not possible for a meal break to be taken after not more than 5 hours,
local working arrangements may be negotiated between the CEO and the
Association to provide for payment of a penalty.
18.6 Standard
Working Hours
Notwithstanding the provisions of this clause, the CEO
may determine or direct that standard hours or restrictions to the work hours’
scheme be worked in particular circumstances.
These circumstances may include, but are not limited to:
(a) Where the work
to be done cannot accommodate the flexibilities of this clause due to the
operational requirements of the Corporation or a particular section of the
Corporation; or
(b) Remedial
action in respect of a staff member is being taken where the staff member has
been found to have deliberately and persistently breached or abused the
operation of the flexible work hours’ arrangements.
18.7 Non-Compliance
and Debit Hours
(a) For staff
using flex sheets to record attendance:
At the end of each settlement period, debits in excess
of 10 hours shall be made up from either annual leave credits or leave without
pay.
(b) For staff
using attendance sheets to record attendance:
Where poor or unsatisfactory performance is identified,
then, in addition to dealing with the matter in terms of the performance and
discipline clauses in this Award to correct the under achievement,
Managers/Team Leaders may also direct staff to complete flex sheets until
further advised.
(c) In the event
of any persistent failure by a staff member to comply with work hours
arrangements, the CEO shall investigate such non-compliance as soon as it comes
to notice and shall take appropriate remedial action.
18.8 Flexible
working hours’ credit
(a) Staff may
carry over a maximum of 10 hours credit into the next settlement period. Local
arrangements in terms of clause 10 Local Award Conditions Arrangements of this
Award may be negotiated in respect of the carry over of additional flexible
hours credit than permitted in this clause, the length of the settlement period
and the banking of any accumulated credit hours for time worked.
18.9 Transport
Disruptions
(a) Where there
are major disruptions to normal transport arrangements caused by a transport
strike or major transport delay, provided adequate service is maintained to the
public, staff and managers shall use the local arrangement provisions in this
Award.
(b) In this
situation, the local arrangement provisions in relation to agreement between
staff and managers on starting and finishing times shall apply to staff on
standard hours.
18.10 Punctuality
(a) An employee
who reports for duty after the commencement of core time (or core time as varied
by local arrangement) can elect to take either annual leave to credit or leave
without pay. In such circumstances, the
employee may commence duty on arrival but shall not be required to commence
duty until a period equal to the leave debited has expired.
(b) An employee
who consistently reports for duty after the commencement of core time (or core
time as varied by local arrangement) may have the option of annual leave
withdrawn or have leave without pay imposed as a disciplinary measure.
18.11 Breaches
An employee who:
(a) deliberately
falsifies flexitime records;
(b) records
incorrect times of commencement and/or cessation of duty;
(c) habitually
commences duty after the commencement of core time (or core time as varied by
local arrangement). This excludes an
employee on approved leave;
(d) habitually
resumes duty after the cessation of the luncheon period;
(e) ceases duty
without authority before the finish of core time (or core time as varied by
local arrangement); or
(f) breaches the
flexitime rules in any other way,
may be directed by the CEO to work standard hours in
addition to any other penalty that may be imposed.
18.12 Leaving the
Corporation’s Employment
(a) An employee
using the flex sheet system of recording attendance who leaves the
Corporation’s employment with hours in debit in relation to contract hours at
the effective date of ceasing duty, shall have annual leave or money owing
adjusted accordingly.
(b) On separation
from the Corporation before the end of a calendar year, staff who have
conserved the maximum amount of 5 days shall be paid those days with final
monies.
(c) Except as
specified in paragraph 18.3(h), at the time of separation, conserved days
between one and 4 shall not be paid in accordance with the provisions in
subclause 18.3
18.13 Pro Rata
Provisions for Part-time Staff
Where appropriate, the provisions of this clause shall
apply to part-time staff on a pro rata basis.
19. Salaries
19.1 General Scale
(a) In accordance
with Salaries table of Part B of this Award, the minimum rate of salary for
employees provided in this subclause shall be the annual rate set out opposite
the year from time to time effective, provided that an employee:
(i) Appointed to
a position governed by this scale shall proceed annually from year to year as
provided for on each anniversary of such appointment, except, if granted an
accelerated advancements, the next increment is effective from the anniversary
of the accelerated advancement;
(ii) On attaining
the age of 21 years, shall be paid not less than the rate appropriate for a
Year 3 employee;
(iii) On
appointment, and qualified at Higher School Certificate standard, shall be paid
not less than the rate for age 19 and over.
(b) Appointment to
the general scale may be at any year subject to consideration of the
applicant’s knowledge, skills and experience levels.
19.2 Graded
Positions
(a) The minimum
rates of pay for graded employees shall be the rate set out in accordance with
the Salaries table of Part B of this Award from time to time.
These rates of pay shall be subject to future
variations in the Annual Rate of salary appropriate to the Grade being in
accordance with variations to the Crown Employees (Public Sector - Salaries
2007) Award.
(b) The
Corporation may broadband one or more graded levels in this Award.
19.3 Salary
Progression
Salary progression through the General Scale or within
a Graded Structure shall be subject to the Salary Increments clause of this
Award.
19.4 Pay Days
(a) Salaries shall
be paid to all employees of the Corporation on a fortnightly basis through
Electronic Funds Transfer unless otherwise approved.
(b) Other than for
individual arrangements, any variation to this subclause is to be by way of
consultation through the Corporation’s Joint Consultative Committee.
20. Salary Increments
20.1 The payment to
an employee of a salary increment pursuant to clause 19, Salaries of this Award
shall be made only with the prior approval of the CEO.
20.2 The minimum
rate of salary for employees provided in this subclause shall be the annual
rate set out opposite the year from time to time effective, provided that an
employee appointed to a position governed by this scale shall proceed annually
from year to year as provided for on each anniversary of such appointment,
except, if granted an accelerated advancements, the next increment is effective
from the anniversary of the accelerated advancement.
20.3 The payment of
an increment to an employee is subject to the satisfactory conduct of, and the
satisfactory performance of the duties by, the employee.
20.4 In considering
the payment of an increment under this clause, the CEO, not being satisfied
that the conduct and discharge of duties by the employee are such as to warrant
payment, may determine that payment of the increment be deferred for a period
of time up to 12 months until a satisfactory report is received or,
alternatively, determine that the increment be not paid.
20.5 An employee who
is the subject of a report shall be given the opportunity to see and sign the
report and also comment on the report before the CEO takes a decision in the
matter.
20.6 Where payment
of an increment has been deferred, eligibility for payment of a further
increment (where applicable) will come into force on the normal incremental
advancement date, notwithstanding the deferral of the previous increment.
20.7 In any case
where the CEO withholds approval of payment of an increment in accordance with
the provision of this clause, the employee affected shall be informed of the
reason for the withholding of the increment and shall have a right of appeal as
provided under the terms of this Award.
21. Salary Sacrifice
to Superannuation
21.1 A staff member
may elect, subject to the agreement of the Corporation, to sacrifice a portion
of the salary payable to additional employer superannuation contributions. Such
election must be made prior to the commencement of the period of service to
which the earnings relate. The amount sacrificed must be in accordance with the
relevant legislation. In this clause "superannuable salary" means the
staff member’s salary as notified from time to time to the SAS Trustee
Corporation.
21.2 Where the staff
member has elected to sacrifice a portion of that payable salary to additional
employer superannuation contributions:
(a) Subject to
Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYG taxation deductions by the amount of that
sacrificed portion, and
(b) Any allowance,
penalty rate, payment for unused entitlements, weekly workers compensation or
other payment, other than any payments for leave taken in service, to which a
staff member is entitled under this Award or any applicable award, Act or
statute which is expressed to be determined by reference to a staff member’s
salary, shall be calculated by reference to the salary which would have applied
to the staff member in the absence of any salary sacrifice to superannuation
made under this Award.
(c) The staff
member may elect to have the portion of payable salary, which is sacrificed to
additional employer superannuation contributions:
(i) Paid into the
superannuation scheme established under the First State Superannuation Act
1992 as optional employer contributions, or
(ii) Paid into a
private sector complying superannuation scheme as employer superannuation
contributions.
(d) Where a staff
member elects to salary sacrifice in terms of paragraph 21.2(c), the
Corporation will pay the sacrificed amount into the relevant superannuation
fund.
(e) Where the
staff member is a member of a superannuation scheme established under the:
(i) Police
Regulation (Superannuation) Act 1906;
(ii) Superannuation
Act 1916;
(iii) State
Authorities (Superannuation) Act 1987;
(iv) State Authorities
Non-contributory Superannuation Act 1987; or
(v) First State
Superannuation Act 1992,
the Corporation must ensure that the amount of any
additional employer superannuation contributions specified in subclause 21.1 is
included in the staff member’s superannuable salary, which is notified to the
SAS Trustee Corporation.
(f) Where, prior
to electing to sacrifice a portion of his/her salary to superannuation, a staff
member had entered into an agreement with the Corporation to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in paragraph 21.2(e), the Corporation will
continue to base contributions to that fund on the salary payable to the same
extent as applied before the staff member sacrificed portion of that salary to
superannuation.
This clause applies even though the superannuation
contributions made by the Corporation may be in excess of superannuation
guarantee requirements after the salary sacrifice is implemented.
22. Overtime
22.1 Authorisation
The CEO may authorise the performing of duties outside
the normal working hours.
22.2 Limitation on
Payment of Overtime
Employees of SAC Officer Level 8 and under shall be
paid for performing duties outside of the normal working hours. Subject to the
provisions of subclause 22.12, if directed all other employees may be paid for
performing duties outside the normal working hours.
22.3 Overtime Rates
An employee directed to perform duty in excess of the
normal working hours shall be paid:
(a) For overtime
worked, Monday to Saturday, inclusive - at ordinary rates plus one half for the
first 2 hours and at double ordinary rates thereafter, provided that overtime
worked after 12 noon Saturday shall be paid at double ordinary rates;
(b) For overtime
worked on Sunday - at double ordinary rates such double ordinary rates to
continue until released from overtime duty;
(c) Where an
employee has worked overtime both preceding and following his/her other normal
hours of duty on the same day, the total hours of both periods of overtime
shall be taken into account in determining when double ordinary rates become
payable in respect of overtime performed following the usual ceasing time;
(d) Unless already
entitled to pay for overtime at double rates where overtime is worked partly on
one day and extends into the next day and such next day is a Sunday or award
holiday, the payment for overtime at double ordinary rates shall commence from
the midnight of the day preceding the Sunday or at one and one half times
ordinary rates plus payment for the award holiday from midnight of the day
preceding such award holiday irrespective of whether the first 2 hours of the
overtime have or have not been completed.
22.4 Working
Overtime on a Holiday
All time worked on a holiday by an employee shall be
paid for at time and half in addition to the ordinary rate of pay for the day
with a minimum payment as for 4 hours worked provided that an employee who is
required to work for less than 7 hours on a holiday which falls within the
period of the employee’s normal working week shall be paid time and a half in
addition to payment for such holiday with a minimum payment as for 3 hours
worked and, further, that the additional payment is in substitution for any shift
allowance or penalty applicable and not in addition to it for the hours worked.
22.5 Overtime during
Lunch Breaks
(a) An employee
instructed to continue to work during what would have been the normal lunch
break and thereafter a meal break is allowed shall be paid at ordinary rates
plus one half for the period during which such meal break has been deferred.
(b) An employee
shall not at any time be compelled to work more than 5 hours without a break
for a meal.
22.6 Meal Breaks
(a) An employee
working overtime shall be allowed a meal break of 20 minutes (to be paid for at
the appropriate overtime rate) after each period of 4 hours of overtime worked;
meal breaks allowed may be taken as they fall due or otherwise by mutual
arrangements, having regard to paragraph 22.5(b).
(b) An employee
required to work one and a half hours or more overtime immediately after the
usual ceasing time shall be allowed a meal break of 20 minutes, which shall be
paid for at the appropriate overtime rate. The meal break may be taken at the
commencement of the overtime worked or later by mutual agreement.
(c) An employee
may, by mutual arrangement, extend a meal break to a period not exceeding one
hour; provided, however, that any time taken in excess of 20 minutes allowed
with pay under this subclause shall not be paid for.
(d) Meal breaks
with pay allowed in accordance with this subclause shall be deemed to be time
worked for the purpose of computing the overtime rate payable under this
clause.
22.7 Stand-By
An employee directed to stand by in readiness to work
overtime shall be paid at ordinary rates from the time he/she commences such
stand-by until released from stand-by or until he/she is directed to proceed to
take up overtime.
22.8 Recall to Work
(a) An employee,
recalled to work overtime after leaving his/her place of work (whether notified
before or after leaving his/her place of work) or whose normal hours do not
include work on a Saturday, Sunday or award holiday, directed to work on any
such day or days, shall be entitled to a minimum of 4 hours’ pay at the
appropriate overtime rate of each time he/she is so recalled or performs such
work; provided that, except in the case of unforeseen circumstances arising,
the employee shall not be required to work the full 4 hours if the job he/she
was recalled to or which he/she was required to perform is completed within a
shorter period.
(b) This subclause
shall not apply in cases where the overtime is continuous (subject to a
reasonable meal break) with the completion or commencement of ordinary working
time.
"Recalled to Work Overtime" for the purpose
of this subclause shall mean:
(i) A direction
given to an employee to commence overtime work at a specified time, which is 2
hours or more prior to his/her usual commencing time or one hour or more after
his/her usual ceasing time; or
(ii) A
notification given to an employee after completion of his/her day’s work
directing him/her to take up overtime work.
22.9 Provision of
Transport
When an employee, after having worked overtime,
finishes work at a time when reasonable means of transport is not available,
the Corporation shall provide him/her with a conveyance to his/her home or
shall pay him/her current salary for the time reasonably occupied in reaching
his/her home.
22.10 Limitations on
Overtime Worked
(a) When overtime
work is necessary it shall, wherever reasonably practicable, be arranged that
employees have at least 10 consecutive hours off duty between the work of
successive days.
(b) An employee
who works so much overtime between the termination of his/her ordinary work on
one day and commencement of his/her ordinary work on the next day that he/she
has not had at least 10 consecutive hours off duty between those times shall,
subject to this subclause be released after completion of such overtime until
he/she has had 10 consecutive hours off without loss of pay for ordinary
working time during such absence.
(c) If such
employee is directed on such occasion to resume or to continue work without
having had such 10 consecutive hours off duty, he/she shall be paid at double
ordinary rates until he/she is released from duty for such period and he/she
shall be entitled to be absent until he/she has had 10 consecutive hours off
duty without loss of pay for ordinary working time occurring during such
absence; provided that, in respect of overtime worked prior to the normal
starting time i.e. Monday or a day following an award holiday, an employee
shall be assumed to have had an ordinary working day.
(d) Any period of
overtime worked of less than 5 hours' duration for which a minimum payment is
provided under subclause 22.8 shall not be taken into account for the purpose
of this subclause.
22.11 Calculating
Overtime Rates
For the purpose of calculating overtime rates, for all
time worked before the employee’s usual starting time, or later than the
employee’s usual finishing time, or on Saturday (except where the ordinary
hours are worked on Saturday) Sunday or on award holidays, the ordinary working
hours shall be deemed to consist of 35 hours per week.
22.12 Reasonable
working of Overtime
A staff member may be directed by the Corporation to
work overtime, provided it is reasonable for the staff member to be required to
do so. A staff member may refuse to work overtime in circumstances where the
working of such overtime would result in the staff member working unreasonable
hours. In determining what is unreasonable, the following factors shall be
taken into account:
(a) the staff
member’s prior commitments outside the workplace particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements;
(b) any risk to
staff members health and safety;
(c) the urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the Corporation and the effect on client services;
(d) the notice (if
any) given by the Corporation regarding the working of the overtime, and by the
staff member of their intention to refuse overtime; or
(e) any other relevant
matter.
22.13 CEO Discretion
to Pay in Excess of Overtime Barrier
Notwithstanding the provisions of subclause 22.2, the
CEO may authorise the payment of overtime to an employee whose salary is in
excess of the rate prescribed for the overtime salary barrier.
23. Shift Work
23.1 Shift Loadings
A shift worker employed on a shift shall be paid, for
work performed during the ordinary hours of any such shift, ordinary rates plus
the following additional shift loadings depending on the commencing times of
shifts:
Day
|
at or after 6.00 a.m. and before 10.00 a.m.
|
Nil
|
Afternoon
|
at or after 10.00 a.m. and before 1.00 p.m.
|
10%
|
Afternoon
|
at or after 1.00 p.m. and before 4.00 p.m.
|
12½%
|
Night
|
at or after 4.00 p.m. and before 4.00 a.m.
|
15%
|
Night
|
at or after 4.00 a.m. and before 6.00 a.m.
|
10%
|
23.2 The loadings
specified in subclause 23.1 shall only apply to shifts worked from Monday to
Friday.
23.3 Weekends and
Public Holidays
For the purpose of this clause any shift, the major
portion of which is worked on a Saturday, Sunday or public holiday shall be
deemed to have been worked on a Saturday, Sunday or public holiday and shall be
paid as such.
23.4 Saturday Shifts
Shift workers working on an ordinary rostered shift
between midnight on Friday and midnight on Saturday, which is not a public
holiday, shall be paid for such shifts at ordinary time and one half.
23.5 Sunday Shifts
Shift workers working on an ordinary rostered shift
between midnight on Saturday and midnight on Sunday, which is not a public holiday,
shall be paid for such shifts at ordinary time and three quarters.
23.6 Public Holidays
The following shall apply:
(1) Where a shift
worker is required to and does work on a public holiday, the shift worker shall
be paid at two and a half times the rate for time worked.
Such payment shall be in lieu of weekend or shift
allowances, which would have been payable if the day had not been a public
holiday;
(2) A shift worker
rostered off duty on a public holiday shall be paid one day’s pay for that
public holiday or have one day added to his/her annual holidays for each such
day.
23.7 Rosters
Rosters covering a minimum period of 28 days, where
practicable, shall be prepared and issued at least 7 days prior to the
commencement of the rosters.
Each roster shall indicate the starting and finishing
time of each shift.
Where current or proposed shift arrangements are
incompatible with the shift worker’s family, religious or community
responsibilities, every effort to negotiate individual alternative arrangements
shall be made by the CEO.
23.8 Notice of
Change of Shift
A shift worker who is required to change from one shift
to another shift shall, where practicable, be given 48 hours' notice of the
proposed change.
23.9 Breaks between
Shifts
A minimum break of 8 consecutive hours between ordinary
rostered shifts shall be given.
23.10 If a shift
worker resumes or continues to work without having had 8 consecutive hours off
duty, the shift worker shall be paid overtime in accordance with the Overtime
Worked by Shift Workers clause in this Award until released from duty for 8
consecutive hours.
The shift worker will then be entitled to be off duty
for at least 8 consecutive hours without loss of pay for ordinary working time
which falls during such absence.
23.11 Time spent off
duty may be calculated by determining the amount of time elapsed after:
(a) The completion
of an ordinary rostered shift; or
(b) The completion
of authorised overtime; or
(c) The completion
of additional travelling time, if travelling on duty, but shall not include
time spent travelling to and from the workplace.
24. Meal Allowance
24.1 Definition
In this clause and "employee" does not
include a person who is engaged on regular shift work.
24.2 Application
An employee, whether entitled to overtime payment under
this clause or not for work outside the usual working hours and, having been so
instructed to work by the CEO, shall be paid an allowance at the rate
determined by the Corporation:
(a) For breakfast
when required to commence work at or before 6.00 a.m. and at least one hour
before the prescribed starting time;
(b) For an evening
meal - in the case of an employee working under the flexible hours scheme -
when required to work until or beyond 7.00 p.m., and until or beyond the
expiration of the aggregate period, after commencing duty, of 7 hours excluding
the time taken for lunch; and
(c) For lunch on
any Saturday, Sunday or public holiday when required to work from 8.45a.m. and
required to work until or beyond 1.45 p.m., or on having completed 5 hours'
work, of which 2½ hours must have been worked before 1.00 p.m.
24.3 Eligibility
An allowance shall not be paid under this clause unless
the CEO is satisfied that:
(a) The
performance of the work concerned at the time at which it was performed was
necessary; and
(b) The employee
concerned incurred expenditure in obtaining the meal in respect of which the
allowance is sought.
24.4 Journey on
Official Business
Where meals are taken while an employee is journeying
on official business, an allowance in respect thereof shall not be paid under
this clause.
24.5 Rates
An allowance paid pursuant to this clause shall be at
the appropriate rate of the allowance set out in Part B, Monetary Rates.
25. Meal Allowance - Journey
Not Requiring Temporary Residence
25.1 An employee who
makes a journey on official business and who is not, by reason of that journey,
required to reside temporarily at a place other than the employee’s residence
shall be paid an allowance of:
(a) For breakfast
when required to commence travel at or before 6.00 a.m. and at least one hour
before the prescribed starting time;
(b) For an evening
meal when required to work or travel until or beyond 7.00 p.m.; and
(c) For lunch
when, by reason of the journey, the employee is unable to take lunch at the
place at which, or in the manner in which, the employee ordinarily takes lunch
and is thereby unavoidably put to additional expense.
25.2 The rate of the
allowance under this clause for lunch shall be:
(a) An amount
equivalent to the additional expense referred to in paragraph 25.1(c) incurred
by the employee in taking lunch; or
(b) The maximum
rate determined by the Corporation, whichever is the lesser.
25.3 The maximum
rate of the allowance under this clause for breakfast, lunch or an evening meal
shall be in accordance with the appropriate rate of the allowance set out in
Part B, Monetary Rates.
25.4 An allowance
under this clause for breakfast or an evening meal shall not be paid unless the
CEO is satisfied that:
(a) The employee
concerned incurred expenditure to obtain the meal; and
(b) Where the
employee concerned was able to cease duty or travel for at least 30 minutes to
take that meal, the employee did so.
25.5 An employee
shall not be paid an allowance under this clause and an allowance under clause
24 in respect of the same meal.
26. Travelling
Allowance - on Official Duty
26.1 Unless the
Corporation otherwise determines, an employee who:
(a) Performs
official duty at or from a temporary work location;
(b) Is thereby
compelled to reside temporarily at a place other than the employee’s residence;
and
(c) Is not
provided with accommodation by the Corporation,
shall, subject to this clause, be paid an allowance for
the expenses incurred during the time actually spent away from Headquarters in
order to perform that duty.
26.2 The rate of
allowance under this clause shall be:
(a) The
appropriate rate of allowance specified in Part B, Monetary Rates; or
(b) An amount
equivalent to the actual necessary expenses for meals and accommodation
(excluding morning and afternoon teas) together with the daily rate determined
by the Corporation for incidental expenses.
(All such expenses to be supported by evidence as to the amount actually
expended).
26.3 A claim for an
allowance under this clause may be made by the employee concerned pursuant to
either paragraphs 26.2(a) or 26.2(b), but may not be made under one of those
paragraphs for part of the period of absence and under the other paragraph for
the other part of the period of the absence.
26.4 Where an
employee commences a journey from Headquarters during ordinary office hours,
travelling allowance shall commence from the time of departure of the mode of
conveyance by which the employee travels.
26.5 Where an
employee who is in receipt of travelling allowance returns to Headquarters and
again leaves Headquarters during the same day on further official duty,
travelling expenses shall be computed as if the journeys were separate.
26.6 For the purpose
of this clause, the hourly rate for portion of a day shall in all cases be
taken as 1/24th of the daily rate.
26.7 The rates of
allowance determined by the Corporation for the purposes of subclause 26.2
shall apply to the first 35 days of continuous absence of the employee from
Headquarters.
26.8 For periods of
continuous absence in excess of 35 days, the rate of allowance for such further
period shall be as determined by the Corporation.
26.9 An allowance
under this clause shall not, without the approval of the CEO, be paid for a
continuous period exceeding 6 months.
27. Travelling
Allowance - Compensation
27.1 Excess
Travelling Time
(a) Where an
employee, in order to perform his/her duties, is required to travel outside
normal hours of duty, the employee may apply initially to the Corporation for
payment or, alternatively, if it is convenient to the Corporation, equivalent
time off in lieu shall be granted for excess time occupied in so travelling;
(b) Payment shall
be made for excess time or there shall be granted time off in lieu thereof
subject to the following conditions:
(i) Where travel
is on a non-working day:
(A) Time spent in
travelling after 7.30 a.m.; and
(B) Travel was
undertaken by direction of the CEO or Head of the Division.
(ii) Where travel
is on a working day:
in the case of any employee, the time spent in
travelling before the employee’s ordinary commencing time or after the
employee’s ordinary ceasing time, subject to the conditions in subparagraph
27.1(b)(iii).
(iii)
(a) There shall be
deducted from an employee’s travelling time on any one day, other than a
non-working day, the time normally taken for the periodic journey from home to
Headquarters and return;
(b) Periods of
less than one quarter of an hour on any day shall be disregarded;
(c) Travelling
time shall not include any period of travel between 11.00 p.m. on any one day
and 7.30 a.m. on the following day where the employee has travelled overnight
and sleeping facilities have been provided for the employee;
(d) Travelling
time shall be calculated by reference to the time that might reasonably have
been taken by the use of the most practical and economic means of transport.
27.2 Waiting Time
(a) Where an
employee qualifies for time off in lieu or is eligible for payment in
accordance with this clause for excess time occupied in travelling and
necessary waiting time occurs, such waiting time shall be treated as travelling
time subject to the following conditions:
(i) Where there
is no overnight stay with accommodation at a centre away from Headquarters, one
hour shall be deducted from the necessary waiting time between the time of
arrival at the centre and the commencement of duty, and one hour shall be
deducted from the necessary waiting time between the time of ceasing duty and
the time of departure for home or Headquarters or another centre;
(ii) Where
overnight accommodation is provided at a centre, any time from the completion
of arrival at the centre until departure for home or Headquarters or another
centre shall not count as travelling time except that:
(A) Where duty is
performed on the day of such departure, any necessary waiting time (less one
hour) from completion of such duty until departure shall be counted;
(B) Where no duty
is performed on the day of such departure, necessary waiting time (less one
hour) after the employee’s normal commencing time until such departure shall be
counted.
28. Excess Travelling
Time Allowance
28.1 Payment for
travelling time and waiting time calculated in accordance with the provisions
of this clause shall be at the employee’s ordinary rate of pay on an hourly
basis calculated as follows:
Annual Salary
|
x
|
7
|
x
|
1
|
|
|
365.25
|
|
Normal Hours of
Work
|
28.2 The rate of
payment for travel or waiting time on a non-working day shall be the same as
that applying to a working day.
28.3 Employees who
are in receipt of a salary in excess of the rate applicable to the maximum rate
for SAC Officer Level 5, plus $1.00 per annum, shall be paid travelling time or
waiting time calculated at the rate applicable to the maximum rate for SAC
Officer Level 5 plus $1.00 per annum, as adjusted from time to time.
28.4 Time off in
lieu or payment, as the case may be, for excess travelling time and waiting
time will not be granted or made for more than 7 hours in any period of 24
consecutive hours.
29. Higher Duties
Allowance
A higher duties allowance shall be paid to staff where they
are required to act in a higher graded position as approved by the CEO.
30. Semi-Official
Telephones Allowance
30.1 Reimbursement
of expenses associated with a private telephone service installed at the
residence of a staff member shall be made as specified in this subclause if the
staff member is required to be contacted or is required to contact others in
connection with the duties of his/her position in the Corporation, as and when
required.
30.2 The service
must be located in the staff member's principal place of residence and its
telephone number communicated to all persons entitled to have out-of-hours
contact with the staff member.
30.3 The
semi-official telephone allowance applies to staff who are required, as part of
their duties, to:
(a) Give
decisions, supply information or provide emergency services; and/or
(b) Be available
for reasons of safety or security for contact by the public outside of normal
office hours.
30.4 Unless better
provisions already apply to a staff member or a staff member has been provided
with an official telephone, reimbursement of expenses under this clause shall
be limited to the following:
(a) The connection
fee for a telephone service, if the service is not already available at the
staff member's principal place of residence;
(b) The full
annual base rental charged for the telephone service regardless of whether any
official calls have been made during the period; and
(c) The full cost
of official local, STD and ISD calls.
30.5 To be eligible
for reimbursement, staff must submit their telephone account and a statement
showing details of all official calls, including:
(a) Date, time,
length of call and estimated cost;
(b) Name and phone
number of the person to whom call was made; and
(c) Reason for the
call.
31. First-Aid
Allowance
31.1 A staff member
appointed as a designated workplace First-Aid Officer by the CEO shall be paid
a first-aid allowance at the rate appropriate to the qualifications held by
such staff member as specified in Table 1 - Allowances of Part B, Monetary
Rates.
31.2 The first-aid
allowance shall not be paid during extended leave or any other continuous
period of leave, which exceeds 4 weeks.
31.3 When the
First-Aid Officer is absent on leave for one week or more and another qualified
staff member is selected to relieve in the First-Aid Officer's position, such
staff member shall be paid a pro rata first-aid allowance for assuming the
duties of a First-Aid Officer.
32. On Call
(Stand-By) Allowance
32.1 When a staff
member is directed to be on call or on stand-by for a possible recall to duty,
payment of an on call allowance shall be made.
32.2 Where a rate of
on call allowance has not already been determined for the staff member as at
the date of the making of this Award, the rate shown in Table 1 - Allowances,
of Part B, Monetary Rates, shall be made for the duration of on call (stand-by).
33. Recruitment and
Retention Allowance
33.1 The CEO or
their nominee shall consider an application by staff for an allowance to retain
existing staff based on current market conditions.
33.2 This allowance
shall be up to a maximum of 15% of the current remuneration package and be
subject to review every 12 months.
33.3 The CEO or
their nominee has the discretion to review the allowance at any point in time
within the 12-month period and discontinue the allowance if market conditions
alter.
33.4 The CEO or
their nominee shall have the discretion to also apply this allowance where
required to recruit suitably qualified and experienced staff to the
Corporation.
34. Annualised
Allowance
The Corporation may, in consultation and by agreement with
the Association, annualise allowances in this award and pay them as part of
salary.
35. Review of
Allowances Payable in Terms of This Award
The adjustment of allowances contained in this Award shall
be reviewed and adjusted in line with the review and adjustment of the
corresponding allowances in the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2006 in so far as they relate to the relevant
clauses in this Award. (Refer to the Relationship to Other Awards clause of
this Award).
36. Out-of-Pocket
Expenses
Out-of-pocket expenses which are incurred by an employee of
the Corporation in attending social and/or official functions, when required to
do so by the CEO, shall be provided by the Corporation.
37. Compensation for
Damage to Or Loss of Staff Member’s Personal Property
37.1 Where damage to
or loss of the staff member's personal property occurs in the course of
employment, a claim may be lodged under the Workers Compensation Act
1987 and/or under any insurance policy of the Corporation covering the damage
to or loss of the personal property of the staff member.
37.2 At the
discretion of the CEO, if a claim under subclause 37.1 is rejected by the
insurer, the CEO may compensate a staff member for the damage to or loss of
personal property, if such damage or loss:
(a) Is due to the
negligence of the Corporation, another staff member, or both, in the
performance of their duties; or
(b) Is caused by a
defect in a staff member's material or equipment; or
(c) Results from a
staff member’s protection of or attempt to protect Corporation property from
loss or damage.
37.3 At the
discretion of the CEO, compensation in terms of subclause 37.2 shall be limited
to the amount necessary to repair the damaged item. Where the item cannot be repaired or is lost, the CEO may pay the
cost of a replacement item, provided the item is identical to or only
marginally different from the damaged or lost item and the claim is supported
by satisfactory evidence as to the price of the replaced item.
37.4 For the purpose
of this subclause, personal property means a staff member's clothes,
spectacles, hearing aid, tools of trade or similar items which are ordinarily
required for the performance of the staff member’s duties and approved by the
CEO.
37.5 At the
discretion of the CEO, compensation for the damage sustained may be made by the
Corporation where, in the course of work, clothing or items such as spectacles,
hearing aids, etc., are damaged or destroyed by natural disasters or by theft
or vandalism.
37.6 Subject to the
discretion of the CEO, where staff have tools of trade that are registered with
the Corporation, the conditions under this clause may apply.
38. Compensation for
Official Use of Private Motor Vehicle
38.1 An employee
who, with the approval of the CEO, uses a private motor vehicle or other means
of conveyance for the conduct of official business shall be paid the allowance
applicable to employees for the use of the motor vehicle, motor cycle or for
towing a trailer.
An employee is also entitled to a refund of any bridge
toll, road toll or miscellaneous cost associated with the use of private motor
vehicles on official business.
38.2 Insurance
Requirements
Unless the CEO otherwise expressly approves, an
allowance shall not be paid under this clause to an employee using a private
motor vehicle on official business unless the employee, in addition to any
policy required to be effected or maintained under the Motor Vehicles (Third
Party Insurance) Act 1942, has in force, while using the vehicle on official
business, a comprehensive or a third party property motor vehicle insurance
policy.
38.3 Private
Vehicles Damages on Official Business or Other Approved Travel
(a) Reimbursement
of Insurance Excess (Policy)
(i) General
Where a private vehicle is damaged while being used on
official business, the Corporation is to consider applications from employees
for reimbursement of excess insurance charges where prescribed by insurers.
(ii) Maximum
Reimbursement
The maximum amount that may be reimbursed is the
"normal excess" prescribed by the insurer at the time that the
vehicle is damaged.
"Punitive" excess charges imposed by an insurer because of a
poor driving record or the type of vehicle insured shall not be
reimbursed. The additional excess
imposed by some insurers on inexperienced drivers (or those under 25) is not
considered to be a "punitive" excess and shall be reimbursed.
If a claim on the insurer is not made, e.g. to avoid
the loss of a no-claim bonus, etc., the maximum reimbursement is the prescribed
excess that would have been paid had a claim been made or the actual cost of
repair, whichever is the lesser.
(iii) Conditions
for Reimbursement
Reimbursement is to be made where the following
conditions are met:
(A) The vehicle had
been approved for official business.
(B) The accident or
damage to the vehicle was incurred while the vehicle was being used on official
business.
(C) The damage has
been repaired and paid for or a claim made and the excess paid to the insurer
or repairer.
(D) Receipts have
been provided to substantiate the claim.
(b) Broken
Windscreens
(i) Maximum
Reimbursement
The maximum amount to be reimbursed is the cost of
replacing the broken windscreen with one of the same type as that broken or the
amount of the prescribed excess, whichever is the lesser.
(ii) Conditions
for Reimbursement
An employee shall be reimbursed the costs of repairs to
a damaged windscreen or replacement of a broken windscreen where:
(A) The use of a
private motor vehicle had been approved for official business;
(B) The damage or
breakage was sustained in the course of that official business; and
(C) The costs
cannot be met under insurance policies due to excess clauses.
39. Transferred
Employees Compensation
All matters relating to compensation for a transferred
officer shall as and when necessary be dealt with in accordance with the
relevant provisions of the Crown Employees (Transferred Employees Compensation)
Award.
40. General Leave
Provisions
40.1 The provisions
of clauses 40 through to 43 do not
apply to temporary employees whose employment by the Corporation is for an
initial period of less than 3 months, whether employed for less than the whole
of a working day or for less than 5 working days, or to persons employed on a
casual basis.
40.2 For the purpose
of this Award, a working week is to be taken as a 5-day working week.
40.3 The amount of
leave of any kind which may be granted to an employee and the conditions on
which it may be granted shall, subject to this clause, be as determined by the
Corporation from time to time.
40.4 Where the
period of leave to which a temporary employee is entitled under this clause
exceeds the period for which the temporary employee is employed, the balance of
that period of leave may be granted during subsequent periods of employment
with the Corporation if each such subsequent period of employment commences
upon the termination of a previous period of employment with the Corporation.
40.5 The clause
shall apply to part-time employees on the basis of entitlements accruing on a
pro rata basis having regard to hours contracted to work.
41. Application for
Leave
41.1 An application
by an employee for leave shall be made to and dealt with by the CEO.
41.2 In dealing with
any such application, the CEO shall have regard to the exigencies of the
Corporation but as far as practicable shall deal with the application in
accordance with the wishes of the employee.
42. Adoption Leave
42.1 Unless the
Corporation determines, an employee adopting a child:
(a) Where the
child is under the age of 12 months at the date of taking custody - shall be
entitled to be granted adoption leave for a maximum period of 12 months; or
(b) Where the
child is of or over the age of 12 months at that date - may be granted adoption
leave for such period (not exceeding 12 months) as the Corporation may
determine.
(c) An employee
shall be entitled to special adoption leave (without pay) for up to 2 days to
attend interviews or examinations for the purposes of adoption. Special
adoption leave may be taken as a charge against annual leave, extended leave,
flexitime or family and community service leave.
42.2 Adoption leave
shall commence on and from the date that the employee takes custody of the
child concerned, whether that date is before or after the date on which a court
makes an order for the adoption of the child by the employee.
42.3 An employee who
has been granted adoption leave may, with the permission of the CEO and subject
to such conditions as the Corporation may from time to time determine:
(a) Resume duty on
a part-time basis within the period for any such adoption leave; and
(b) Be granted
adoption leave for the hours not worked.
42.4 Subject to
subclause 42.3, an employee who resumes duty immediately upon the expiration of
adoption leave shall:
(a) Where the
position occupied by the employee immediately before the commencement of that
leave still exists - be entitled to be placed in that position; or
(b) Where the
position so occupied by the employee has ceased to exist - be entitled to be
appointed (subject to the availability of other suitable positions) to another
position for which they are qualified.
42.5 Subclause 42.4
shall not apply:
(a) To an employee
who is granted leave under any other provision of this Award to commence
immediately after the period of adoption leave granted under this clause; or
(b) During the
period that an employee resumes duty on a part-time basis under subclause 42.3
42.6 Except as
otherwise provided by subclause 42.7, adoption leave shall be granted without
pay.
42.7 An employee
who:
(a) Applied for
adoption leave within such time and in such manner as the Corporation may from
time to time determine;
(b) Prior to the
commencement of adoption leave, had ordinary hours of work of not less than 35
hours per week; and
(c) Prior to the
commencement of adoption leave, completed not less than 40 weeks’ continuous
service of not less than 35 hours per week:
Shall be entitled to up to 14 weeks paid leave:
Payments may be made:
(i) On a normal
fortnightly basis;
(ii) In advance in
a lump sum; or
(iii) At the rate
of half pay over a period of 28 weeks on a regular fortnightly basis.
42.8 A payment under
subclause 42.7 may, subject to such conditions as the Corporation may from time
to time determine, be made in advance.
42.9 An employee who
has taken no more than 12 months full time adoption leave or its part time
equivalent is entitled to be paid at their normal rate (i.e. the rate at which
they were paid before proceeding on parental leave) for another period of such
leave regardless of whether they resume their normal hours of work before
proceeding on leave for another pregnancy or adoption.
42.10 Employees
entitled to adoption leave in accordance with this clause shall also have an
additional entitlement as set out in clause 72, Additional Maternity, Adoption
and Parental Leave Entitlements of this Award.
43. Annual Leave
43.1 Accrual
(a) Except as
otherwise provided by this clause, annual leave on full pay shall accrue to
employees at the rate of 20 working days per year.
(b) Annual leave
shall accrue from month to month only but, for the purpose of calculating
annual leave which may be due on the cessation of employment, credit shall be
given for periods of service less than one month.
43.2 Limits on
Accumulation
(a) Annual leave
accrued and not taken by an employee owing to departmental exigencies, or for
any other reason the CEO deems sufficient, shall be allowed to accumulate up to
a maximum of 50 working days.
(b) The CEO may
direct an employee to take at such time as is convenient to the working of the
Corporation, annual leave accrued, but as far as practicable the wishes of the
employee concerned shall be taken into consideration in directing the time for
the taking of leave.
(c) Where the CEO
has given an approval, at that time or as soon as practicable thereafter, the
employee shall be given a direction in respect of the leave accrued in excess
of 50 working days.
(d) The CEO shall
notify the employee in writing when accrued annual leave reaches 50 days or its
hourly equivalent and at the same time may direct a staff member to take at
least 2 weeks' annual leave within 3 months of the notification at a time
convenient to the Corporation.
(e) If the CEO is
satisfied that an employee is prevented by operational or personal reasons from
taking sufficient leave to reduce the accrued leave below an acceptable level
of between 40 to 50 days or its hourly equivalent, the CEO shall:
(i) Specify in
writing the period of time during which the excess leave shall be conserved;
and
(ii) On the
expiration of the period during which conservation of leave applies, grant
sufficient leave to the employee at a mutually convenient time to enable the
accrued leave to be reduced to an acceptable level below the 50 days limit.
(iii) An employee
will be kept informed in writing on a regular basis of their annual leave
accrual.
43.3 Miscellaneous
(a) Annual leave
shall not be granted for a period less than a quarter day or in other than
multiples of a quarter of a day.
(b) Annual leave
for which an employee is eligible on cessation of employment shall be
calculated to an exact quarter day, fractions of less than a quarter day being
taken to the next higher quarter day.
(c) Subject to
this clause, annual leave shall not accrue to an employee in respect of any
period of absence from duty without pay or without leave.
(d) The
proportionate deduction to be made in respect of the accrual of annual leave on
account of any period of absence shall be calculated to an exact quarter day,
fractions of less than a quarter day being disregarded and not included in the
calculation.
(e) Notwithstanding
the relevant clauses in this Award, annual leave shall accrue in respect of:
(i) Any period of
leave without pay granted on account of incapacity for which compensation has
been authorised to be paid under the Workers Compensation Acts; or
(ii) Any period of
sick leave without pay.
(f) An employee
who resigns or retires or whose services are otherwise terminated (except by
death), shall, upon cessation of employment, be entitled to be paid forthwith,
in lieu of annual leave accrued and remaining undertaken or forfeited, the
money value of that leave as a gratuity.
(g) An employee to
whom paragraph 43.3(f) applies may elect to take either the whole or part of
the annual leave accrued and remaining untaken or unforfeited at cessation of
active duty as annual leave on full pay instead of taking the money value of
that leave as a gratuity.
44. Annual Leave
Loading
44.1 General
(a) A staff
member, other than a trainee who is paid by allowance, is entitled to be paid
an annual leave loading as set out in this subclause.
(b) Subject to the
provisions set out in subclauses 44.2 to 44.5, the annual leave loading shall
be 17½% on the monetary value of up to 4 weeks’ annual leave accrued in a leave
year.
44.2 Shift Workers
Shift workers proceeding on annual leave are eligible
to receive the more favourable of:
(a) The shift
premiums and penalty rates, or any other allowances paid on a regular basis in
lieu thereof, which they would have received had they not been on annual leave;
or
(b) 17½% annual
leave loading.
44.3 Maximum Loading
The annual leave loading payable shall not exceed the
amount which would have been payable to a staff member in receipt of salary
equivalent to the maximum salary for a SAC Officer Level 12 under this Award.
44.4 Leave year
For the calculation of the annual leave loading, the
leave year commences on 1 December of each year and ends on 30 November of the
following year.
44.5 Payment of
annual leave loading
Payment of the annual leave loading shall be made on
the annual leave accrued during the current Calendar leave year and shall be
subject to the following conditions:
(a) Annual leave
loading shall be paid on the first occasion in a Calendar year when a staff
member takes at least 2 consecutive weeks' annual leave.
Where a staff member does not have at least 2 weeks'
annual leave available, the staff member may use a combination of annual leave
and any of the following: public holidays, flex leave, extended leave, leave
without pay, time off in lieu, banked local working arrangements and monthly
due local working arrangements. The staff member shall be paid the annual leave
loading for such period, provided the absence is at least 2 weeks.
(b) If at least 2
weeks’ leave, as set out in paragraph 44.5(a), is not taken in a Calendar year,
then the payment of the annual leave loading entitlement for the Calendar leave
year shall be made to the staff member as at 30 November of the current year.
(c) Annual leave
loading shall in the first Calendar year of employment be paid on a pro rata
accumulation basis the first occasion when at least 2 weeks' leave, as
specified in paragraph 44.5(a), is taken.
(d) A staff member
who has not been paid the annual leave loading before the end of a
Calendar year shall be paid such annual
leave loading on resignation, retirement or termination by the employer for any
reason other than the staff member's serious and intentional misconduct.
45. Long Service
(Extended) Leave
45.1 An employee to
whom this subclause applies shall accrue long service leave on the following
basis:
(a) On completion
of 10 years' service with the Corporation, 44 working days; or
(b) On completion
of 7 years’ service the quantum of leave available (30.8 working days) is that
which would have applied if pro rata leave was granted; and
(c) On completion
of each additional years service 11 working days per year
45.2 An employee
whose service terminates with more than 7 years' continuous service shall be
paid for such long service leave accrued pursuant to subclause 45.1 less any
periods of leave taken.
45.3 Payment of long
service leave may be made in advance at the commencement of such leave.
45.4 An employee may
elect to take leave at double pay. The additional payment will be made as a
non-superable taxable allowance payable for the period of the absence from
work. The employees’ leave balance will be debited for the actual period of the
absence and further days debited to cover payment of the non-superable taxable
allowance.
45.5 An employee who
has completed 5 years' continuous service with the Corporation but less than 10
years' continuous service and whose services are terminated by the Corporation
for any reason other than the employee’s serious and wilful misconduct, or by
the employee due to death, illness, incapacity or domestic or other pressing
necessity, shall be paid the monetary value of long service leave accrued of
the proportionate amount on the basis of
44 working days for 10 years' service.
45.6 "Full
Pay" shall mean the salary prescribed by the Salaries clause of this Award
and, in the case of an employee who enters upon a period of leave, such salary
as is applicable to the said period of leave; in the case of an employee who
dies after having become entitled to but not have entered upon a period of
leave, such salary as is applicable at the date of death.
45.7 For the purpose
of this clause, continuous service shall include any period of service with any
of the Australian Defence Forces, provided that the employee enlisted or was
called up direct from the service of the Corporation.
45.8 For the purpose
of calculating service for long service leave accrual; single periods of leave
without pay not exceeding 6 months shall be counted as service, provided that
the employee has completed at least 10 years' service.
45.9 Subject to an
employee have completed 10 years' service (as defined above), leave without pay
taken for the following reasons is to count as service for long service leave
purposes regardless of the period involved, unless otherwise stated:
(a) For military
service, e.g. Army, Navy or Air Force;
(b) During major
interruptions to public transport;
(c) During periods
which as employee is in receipt of workers compensation; or
(d) With
Corporation approval, for the purposes of accepting a position with an
international organisation.
45.10 For the purposes
of this clause, all broken periods of full-time service shall be taken into
account for long service leave purposes where a person is currently employed
full-time.
45.11 Where, after an
employee has become entitled to a period of leave, employment is terminated
whether by resignation, death or dismissal for any cause and, subject to
subclause 45.5, the employee shall be deemed to have entered upon leave at the
date of termination of employment and shall be entitled to payment accordingly.
45.12 Long service
leave provided by this clause shall be exclusive of annual leave and any other
holidays occurring during the taking of any period of long service leave.
45.13 An application
for long service leave shall not be for:
(a) A period of
less than half a day (irrespective of whether on full or half pay); or
(b) A period of
less than 6 weeks, whether on full or half pay while the person has annual
leave to credit.
45.14 If an employee
becomes ill during a period of long service leave the CEO shall grant any
available sick leave in respect of the period and recredit the long service
leave if satisfied that:
(a) The illness is
genuine;
(b) The period of
illness is of at least 5 working days' duration; and
(c) The
application is supported by a satisfactory medical certificate.
46. Leave Without Pay
46.1 The CEO may,
subject to such conditions as may from time to time be determined by the
Corporation, grant leave without pay to an employee for a period not exceeding
3 years if good and sufficient reason be shown.
46.2 An employee
granted leave without pay shall first take all available annual leave, and/or
pro rata accumulation, prior to commencing on leave without pay.
46.3 Periods of
leave without pay which exceed, in the aggregate, 5 days during the leave year
of the incremental period shall not be counted as service for computing annual
and sick leave accrual dates and for incremental advancement dates.
46.4 Where a public
holiday occurs during a period of leave without pay, payment shall not be made
for such holiday period.
47. Maternity Leave
47.1 In this clause,
except insofar as the context or subject matter otherwise indicates or
requires:
(a) Birth:
includes stillbirth.
(b) Expected date
of birth: in relation to a female employee who is pregnant, means a date
specified by a medical practitioner to be the date on which the medical
practitioner expects the employee to give birth as a result of the pregnancy.
47.2 Unless the
Corporation otherwise determines, a female employee who is pregnant shall,
subject to this clause, be entitled to be granted maternity leave:
(a) For a period
of not more than 9 weeks prior to the expected date of birth; and
(b) For a further
period ending not more than 12 months after the actual date of birth.
47.3 An employee who
has applied for or been granted maternity leave shall, as soon as practicable
after the termination of her pregnancy (whether by the birth of a living child
or otherwise) notify the Corporation’s office of the termination and the date
on which it occurred.
47.4 An employee who
has been granted maternity leave may, with the permission of the CEO and
subject to such conditions as the Corporation may from time to time determine:
(a) Resume duty on
a part-time basis within the period of any such maternity leave; and
(b) Be granted
maternity leave for the hours not worked.
47.5 An employee who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
47.6 Subject to
subclause 47.7, an employee who resumes duty immediately upon the expiration of
maternity leave shall:
(a) Where the
position occupied by her immediately before the commencement of that leave
still exists - be entitled to be placed in that position; or
(b) Where the
position so occupied by her has ceased to exist - be entitled to be appointed
(subject to the availability of other suitable positions) to another position
for which she is qualified.
(c) Where an
employee who has taken no more than 12 months full time maternity leave or its
part time equivalent is entitled to be paid at their normal rate (i.e. the rate
at which they were paid before proceeding on parental leave) for another period
of such leave regardless of whether they resume their normal hours of work
before proceeding on leave for another pregnancy or adoption.
47.7 Subclause 47.6
shall not apply:
(a) To an employee
who is granted leave under any other provisions of this Award to commence
immediately after the period of maternity leave granted under this clause; or
(b) During the
period that an employee resumes duty on a part-time basis under subclause 47.4
47.8 Except as
otherwise provided by subclause 47.9, maternity leave shall be granted without
pay.
47.9 An employee
who:
(a) Applied for maternity
leave within such time and in such manner as the Corporation may from time to
time determine;
(b) Prior to the
expected date of birth, had ordinary hours of work not less than 31¼ hours per
week; and
(c) Prior to the
expected date of birth, completed not less than 40 weeks' continuous service of
not less than 31¼ hours per week;
shall be entitled to up to 14 weeks paid leave:
Payments may be made:
(a) On a normal
fortnightly basis;
(b) In advance in
a lump sum; or
(c) At the rate of
half pay over a period of 28 weeks on a
regular fortnightly basis.
47.10 If a woman gives
birth prematurely and before commencing maternity leave, she should be treated
as being on maternity leave from the date she enters on leave to give birth to
the child. If a woman, entitled to paid maternity leave, wishes to resume duty
at such time as would result in double payment, then paid maternity leave
ceases from the day she resumes duty.
47.11 A payment under
subclause 47.9 may, subject to such conditions as the Corporation may from time
to time determine, be made in advance.
47.12 Except as
otherwise provided by this clause, nothing in this clause affects any other
provision in this Award.
47.13 Employees
entitled to maternity leave in accordance with this clause shall also have an
additional entitlement as set out in clause 72, Additional Maternity, Adoption
and Parental Leave Entitlements of this Award.
48. Parental Leave
48.1 The CEO may
grant parental leave for a period not exceeding 12 months to an employee who
becomes a parent but is not entitled to maternity leave or adoption leave.
48.2 Parental leave
may commence at any time up to 2 years from the date of birth or adoption of
the child.
48.3 An employee who
has been granted parental leave may, with the permission of the CEO, take such
leave:
(a) Full-time for
a period not exceeding 12 months; or
(b) Part-time over
a period not exceeding 2 years; or
(c) Partly
full-time and partly part-time over a proportionate period.
48.4 An employee who
resumes duty immediately on the expiration of parental leave shall:
(a) If the
position occupied by him/her immediately before the commencement of that leave
still exists - be entitled to be placed in that position; or
(b) If the
position so occupied by him/her has ceased to exist - be entitled to be
appointed (subject to the availability of other suitable positions) to another
position for which he/she is qualified.
48.5 Paid parental
leave of 1 week on full pay or 2 weeks on half pay is available to employees who:
(a) Prior to the
expected date of birth or taking custody, had ordinary hours of work not less
than 31¼ hours per week; and
(b) Prior to the
expected date of birth, completed not less than 40 weeks' continuous service of
not less than 31¼ hours per week;
48.6 Employees
entitled to parental leave in accordance with this clause shall also have an
additional entitlement as set out in clause 72, Additional Maternity, Adoption
and Parental Leave Entitlements of this Award.
49. Military Leave
49.1 Subject to
subclause 49.2, the CEO may, during the period of 12 months commencing on 1
July each year, grant to an employee who is a volunteer part-time member of the
Defence Forces military leave on full pay for such absence from duty as is
necessarily involved:
(a) In respect of
periods of annual training not exceeding in the aggregate:
(i) In the case
of a member of the Naval Forces - 13 calendar days;
(ii) In the case
of a member of the Military Forces - 14 calendar days; or
(iii) In the case
of a member of the Air Force - 16 calendar days; and
(b) In respect of
attendance at schools, classes or courses of instruction, not exceeding in the
aggregate:
(i) In the case
of a member of the Naval Forces - 13 calendar days;
(ii) In the case
of a member of the Military Forces - 14 calendar days; or
(iii) In the case
of a member of the Air Force - 16 calendar days.
49.2 Notwithstanding
subclause 49.1 where the commanding officer certifies in writing that it is
necessary for an employee to attend on days addition to those specified in
subclause 49.1, the CEO may grant to the employee military leave on full pay
for a further period not exceeding in the aggregate 4 days in any one year.
49.3 Applications
for military leave shall be accompanied by satisfactory evidence of the
necessity for attendance and at the expiration of military leave the employee
shall furnish to the CEO a certificate of attendance signed by the commanding
officer or other responsible officer.
50. Family and
Community Service Leave
50.1 Except as
otherwise provided by this clause, the CEO may, in the case of pressing
necessity, grant to an employee family and community service leave on full pay,
2½ of the employee's working days in the first year of service and, on
completion of the first year's service, 5 of the employee's working days in any
period of 2 years.
50.2 An employee may
be granted family and community service leave:
(a) For reasons
related to his/her family responsibilities; or
(b) For the
performance of community service; or
(c) On
compassionate grounds, such as the death or illness of a close member of the
family or a member of the employee’s household; or
(d) In the case of
pressing necessity.
50.3 When family and
community service leave is exhausted, sick leave may be used by an employee to
care for a sick relative. The employee must be solely responsible for their
care and support.
50.4 Any unused sick
leave accrued from the previous 3 years (minus any sick leave taken) may be
used to care for a relative.
50.5 The CEO may
authorise additional family and community service leave from sick leave accrued
more than three years previously.
51. Sick Leave
51.1 Accrual
(a) All employees
employed on a full-time basis are eligible to be granted 15 working days' paid
sick leave per calendar year, i.e. 1 January to 31 December.
(b) Sick leave
does not accrue on a monthly basis and the full annual entitlement is available
from 1 January each year.
(c) The unused
component of the annual entitlement is fully cumulative.
(d) Saving of
Former Entitlements:
Employees who commenced employment prior to 1 May 1988
and who had an entitlement under the former cumulative scale as at 30 April,
1988 shall retain such entitlement for use, if necessary in future years.
(e) New Appointees
(i) Employees who
are appointed after 1 January of a calendar year shall have the annual grant
reduced in terms of the following formula:
No. of whole months
remaining in year
|
X
|
Annual Entitlement
|
12 months
|
|
|
(ii) Employees who
are appointed after the first day of the month will have their sick leave
calculated on the basis of complete months of service commencing from the
beginning of the month following their date of appointment.
(iii) However,
should sick leave become necessary before the expiration of the month of
appointment, sick leave may be granted in advance provided it is supported by
acceptable medical certificate(s).
(f) Part-time
Employees
Annual sick leave entitlement of 15 days per calendar
year shall be granted on a pro rata basis and any unused leave shall be fully
cumulative.
51.2 Authority to
Grant
(a) Where the CEO
is satisfied that an employee is unable to perform duty on account of illness,
the CEO:
(i) Shall,
subject to this clause, grant to the employee sick leave on full pay; and
(ii) May, subject
to this clause, grant to the employee sick leave without pay if the absence of
the employee extends beyond the limits of sick leave on full pay, which the CEO
may grant.
(b) Notwithstanding
any other provision, the CEO may grant to an employee such additional amount of
sick leave as is deemed fit.
51.3 Requirement for
Medical Certificate
(a) An employee
absent from duty on the grounds of illness:
(i) In respect of
any such absence in excess of 3 consecutive working days - shall; or
(ii) In respect of
any such absence of 3 consecutive working days or less - shall if required to
do so by the CEO,
furnish a medical certificate to the CEO.
(b) Notwithstanding
paragraph 51.3(a), the CEO may at any time require an employee who has been
granted sick leave to furnish medical evidence of the inability of the employee
to resume duty.
(c) Where an
employee applying for sick leave furnishes a medical certificate which appears
to the CEO to indicate that the condition of the employee does not warrant the
grant of sick leave, that application together with that medical certificate
shall be referred forthwith by the CEO to HealthQuest for consideration.
(d) The nature of
the leave to be granted to an employee in respect of an application referred to
in subparagraph 51.3(a)(ii) shall be determined by the CEO upon the advice of
HealthQuest.
(e) Where sick
leave is not granted in respect of an application referred to in subparagraph
51.3(a)(ii), the CEO shall, as far as practicable, take into account the wishes
of the employee concerned when determining the nature of the leave to be
granted in respect of the application.
(f) An employee
may elect to have an application for sick leave dealt with confidentially by
HealthQuest in accordance with such procedures as may be determined from time
to time by the Corporation.
(g) Subject to
paragraph 51.3(h) where an employee who is on annual leave, long service leave
or any other leave except sick leave furnishes to the CEO a satisfactory
medical certificate in respect of illness occurring during that leave, the CEO
may, subject to the provisions on sick leave, grant sick leave to the employee
for the following period:
(i) In the case
of an employee on annual leave - the period set out in the medical certificate;
or
(ii) In the case
of an employee on long service leave - the period set out in the medical
certificate, except if that period is less than 5 working days.
(h) Paragraph
51.3(g) shall apply to all employees other than those on leave prior to resignation
or termination of services unless the resignation or termination of services
amounts to retirement.
51.4 To Care for a
Family Member
(a) When family
and community service leave provided in the relevant clause in this Award is
exhausted, an employee with responsibilities in relation to a category as set
out below who needs the employees care and support may elect to use available
paid sick leave, subject to the conditions specified in the subclause, to
provide such care and support when a family member is ill.
(b) The sick leave
shall initially be taken from the current leave year's entitlement followed, if
necessary, by the sick leave accumulated over the previous 3 years. In special
circumstances, the CEO may grant additional sick leave from the sick leave
accumulated during the employee’s eligible service.
(c) If required by
the CEO, the employee must establish, by production of a medical certificate or
statutory declaration, the illness of the person concerned.
(d) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) The employee
being responsible for the care and support of the person concerned; and
(ii) The person
concerned being -
(A) A spouse of the
employee; or
(B) A de facto
spouse, being a person of the opposite sex to the employee who lives with the
employee as her husband or his wife on a bona fide domestic basis although not
legally married to that employee; or
(C) A child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent or legal guardian),
grandparent), grandchild or sibling of the employee or of the spouse or of the
de facto spouse of the employee; or
(D) A same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or a relative of the staff member who is a member
of the same household, where for the purposes of this definition -
"Relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"Affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"Household" means a family group living in
the same domestic dwelling.
51.5 Higher-Grade
Pay
Where an employee performs, for a period of at least 3
months, work for which is fixed a higher rate of salary than that applicable to
the employee’s appointed classification and, during the period of 3 months
immediately preceding the taking of sick leave, the employee has not ceased to
do such work for a period of total or separate periods exceeding the ordinary
working week, in such higher classification, the employee shall be paid, in
respect of such sick leave, with a maximum of 20 days in respect of any
continuous absence the rate of salary applicable to such higher classification
which thereafter shall be reduced to the rate of salary applicable to the
employee’s appointed classification.
51.6 At Retirement
In the event of the retirement of an employee on
account of ill health, such retirement shall not be effected earlier than the
date on which the employee’s credit of leave at full pay shall be exhausted
unless paid any accrued sick leave at full pay to which such employee would be
entitled under the Sick Leave clause in this Award.
51.7 Workers
Compensation
(a) This clause
applies where an employee is or becomes unable to attend for duty or to
continue on duty in circumstances, which may give the employee a right to claim
for compensation under the Workers Compensation Act 1987.
(b) Where an
employee referred to in paragraph 51.7(a) has made a claim for any such
compensation, the employee may, pending the determination of that claim and
subject to the provisions of this clause relating to sick leave and to
paragraphs 51.7(d) and 51.7(g), be granted by the CEO sick leave on full pay
for which the employee is eligible and, if that claim is accepted, the
equivalent period of any such sick leave shall be restored to the credit of the
employee.
(c) An employee
who continues in receipt of compensation after the completion of the period of
26 weeks referred to in section 9.1(a) of the Workers Compensation Act
1987 may, subject to the provisions of this clause relating to sick leave and
to paragraph 51.7(g), be paid an amount representing the difference between the
amount of compensation payable under that Act and the ordinary rate of pay of
the employee. Sick leave equivalent to the amount of the difference so paid
shall be debited against the employee.
(d) Where an
employee referred to in paragraph 51.7(a) notifies the CEO that he/she does not
intend to make a claim for any such compensation, sick leave on full pay shall
not be granted but the CEO shall decide as to whether that leave may be
granted.
(e) Where an
employee who is required to submit to examination by a medical practitioner, or
by a medical referee or Board under the Workers Compensation Act 1987,
in relation to a claim for compensation under that Act, refuses to submit to or
in any way obstructs any such examination, the employee shall not be granted
sick leave on full pay until that examination has taken place and a medical
certificate has been given indicating that the employee is not fit to resume
duty.
(f) Where a
medical practitioner, or a medical referee or Board under the Workers
Compensation Act 1987, gives a certificate setting our the condition and
fitness for employment of the employee or the kind of employment for which the
employee is fit, and the CEO makes available to the employee employment falling
within the terms of that certificate and the employee refuses or fails to
resume or perform the employment so provided, all payments in accordance with
this clause shall cease from the date of that refusal or failure.
(g) Notwithstanding
paragraphs 51.7(b) or 51.7(c), where there is a redemption of weekly payments
by the payment of a lump sum under the Workers Compensation Act 1987,
there shall thereupon be no grant of further sick leave on full pay.
52. Special Leave
52.1 Special
Purposes
(a) Special leave
on full pay shall be granted to an employee:
(i) For the
purpose of attending any examination required to qualify for appointment to a
position where possession of such qualification is a prerequisite for an
appointment to that position; and
(ii) Up to a
maximum of 5 days in any one year for the purpose of attending at any other
examination approved by the Corporation for the purpose of this paragraph.
(b) Special leave
granted for the purpose of attending at an examination shall include leave for
any necessary travel to or from the place at which the examination is held.
(c) Special leave
on full pay may be granted to an employee for such other purposes and during
such periods and subject to such conditions as may be determined from time to
time by the Corporation.
52.2 Jury Service
(a) An employee
shall, as soon as possible, notify the CEO of the details of any jury summons
served on the employee.
(b) An employee
who, during any period when otherwise required to be on duty, attends a court
in answer to a jury summons shall, upon return to duty after discharge form
jury service, furnish to the CEO any certificate attendance issued by the
Sheriff or by the Registrar of the court giving particulars of attendance’s by
the employee during any such period and the details of any payment or payments
made to the employee under section 72 of the Jury Act 1977, in respect of any
such period.
(c) The CEO shall,
in respect of any period during which an employee was required to be on duty:
(i) Upon receipt
of any such certificate of attendance, grant, in respect of any such period for
which the employee has been paid our-of-pocket expenses only, special leave on
full pay; or
(ii) In any other
case, grant at the sole election of the employee:
(a) Subject to
this clause, annual leave on full pay; or
(b) Leave without
pay.
52.3 Witness at
Court
(a) This clause
does not apply to an employee who is subpoenaed or called as a witness in an
official capacity.
(b) An employee
who is subpoenaed or called as a witness shall:
(i) Be granted,
for the whole of the period necessary to attend as such a witness, special
leave on full pay; and
(ii) Pay into the
Corporation all money paid to the employee under or in respect of any such
subpoena or call other than any such money so paid in respect of reimbursement
of necessary expenses properly incurred in answer to that subpoena or call.
53. Notification of
Absence from Duty
53.1 An employee of
the Corporation shall not be absent from duty unless reasonable cause can be
shown.
53.2 If an employee
is absent from duty on account of illness or other emergency, the employee
shall forthwith furnish or cause to be furnished, an explanation of the
absence.
53.3 An employee who
is unable to attend for duty because of sickness, or for any other reason, must
ensure that the appropriate Manager is notified by 10.00 a.m. or as soon as
practicable thereafter on the day in question of inability to attend for duty.
If the absence is likely to extend beyond one day,
notification of that fact shall be made on the first day of absence, if known;
otherwise, notification of absence shall be made on each subsequent day until
duration of likely absence is known.
53.4 If an employee
is absent from duty without authorised leave and does not forthwith furnish, or
cause to be furnished, an explanation of the absence to the satisfaction of the
CEO, the CEO shall cause to be deducted from the pay of the employee such
amount as was paid to the employee in respect of the period of absence.
53.5 An employee who
is dissatisfied with a decision of the CEO under subclause 53.4 may appeal
against that decision pursuant to the appeal arrangements provided in this
Award.
53.6 Nothing in this
clause affects any proceedings for a breach of discipline against an employee who
is absent from duty without authorised leave.
54. Public Holidays
54.1 Unless directed
to attend for duty by the CEO, a staff member is entitled to be absent from
duty on any day which is:
(a) A public
holiday throughout the State; or
(b) A local holiday
in that part of the State at or from which the staff member performs duty; or
(c) A day between
Boxing Day and New Year's Day determined by the CEO as an additional day.
54.2 A staff member
who is required by the CEO to work on a local holiday may be granted time off
in lieu on an hour-for hour-basis for the time worked on a local holiday.
54.3 If a local
holiday falls during a staff member's absence on leave, the staff member is not
to be credited with the holiday.
55. Study Time
Study time is available to develop the skills and
versatility of staff and may be granted at the discretion of CEO for approved
courses.
56. Reimbursement of
Fees
Staff undertaking approved part-time study or training shall
be eligible for reimbursement of all or part of the fees and/or other
compulsory charges.
57. Training and
Development
The provisions relating to staff development and training
activities as set out in the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2006 shall apply.
58. Motor Vehicles
The Corporation shall provide motor vehicles usage to staff
as appropriate where it is a requirement of their work.
59. Flexible Work
Practices
59.1 Nothing in this
Award shall affect the hours of duty of a staff member who is covered by a
written flexible working hours agreement negotiated under a Flexible Work
Practices, Policy and Guidelines.
59.2 Flexible
working hours agreements negotiated in terms of the NSW Government Flexible
Work Practices, Policy and Guidelines after the effective date of this Award
shall be subject to the conditions specified in this Award and in consultation
with the Association.
60. Working from Home
The CEO may grant approval to staff to work from home for
temporary or fixed periods.
61. Part Time Work
and Job Share Arrangements
61.1 Staff of the
Corporation may work part-time or on a job-sharing arrangement where the
Corporation supports it.
61.2 Such
arrangements shall be detailed in a signed agreement between the staff member
and the Corporation.
61.3 Part-time work
is permanent employment and part-time staff members normally work fewer hours
than full-time staff members and receive all the entitlements of full-time
staff members on a proportional basis.
61.4 Job-sharers
perform the role of one job and the workload and performance expectations
should be similar to what would be expected if one staff member were performing
the job.
62. Secondary
(Private) Employment
The CEO may approve applications by staff to engage in
secondary employment.
62.1 A staff member
shall not:
(a) Accept or
continue to hold or discharge the duties of or be employed in any paid office
in connection with any banking, insurance, mining, mercantile or other
commercial business, whether it is carried on by a corporation, company, firm
or individual; or
(b) Engage in or
undertake any such business, whether as principal or agent; or
(c) Engage in or
continue in the private practice of any profession, occupation or trade, or
enter into any employment, whether remunerative or not, with any corporation,
company, firm or individual so engaged, except with the permission of the CEO.
62.2 The CEO may
withdraw any such permission at any time.
62.3 Subclauses 62.1
and 62.2 are subject to any other Act that expressly applies to staff members.
62.4 If a staff
member:
(a) Is the holder
of an office or position; or
(b) Is engaged in
any employment whatever,
other than in connection with the duties of the staff
member’s position under the Crown, the staff member must at once notify the
fact to the CEO.
62.5 If a staff
member has given a notification to the CEO under subclause 62.4, then the CEO
may require the staff member to resign the office or position or to abstain
from engaging in the employment.
62.6 Current staff
shall (if they have not already done so) seek appropriate approval for any
existing or intended secondary employment or interests that may conflict with
this clause.
63. Performance
Management and Appraisal
63.1 A performance
management system shall be used to provide employees with formal feedback on
their performance and identify and address individual development needs.
63.2 The focus of
the system shall be on reviewing specific objectives or key outcomes required
of employees in their roles.
63.3 For most
positions in the Corporation, objectives or key outcomes may be obtained from,
but are not limited to:
(a) The job
description;
(b) Specific
performance standards that are applicable (e.g. processing turn around times
from service level contract); or
(c) Any specific
objectives agreed with the employee on their commencement in the position or at
their last performance review.
63.4 Each objective
or key outcome must be measurable and the measure must be clearly defined as
part of the performance management system.
63.5 Although formal
performance reviews are completed on an annual basis, managers are expected to
provide regular ongoing feedback to their staff regarding their performance.
64. Conduct and
Discipline of Employees
64.1 Staff shall abide
by the Corporation's Code of Conduct and related policies and procedures.
64.2 Where there
appears to be a breach of discipline or poor performance issues, the following
steps shall be taken:
(a) The employee
who exhibits unsatisfactory performance or behaviour shall be counselled, in
order to outline the expected standards.
The employee is then offered assistance and guidance in
achieving those standards.
(b) Create a
confidential written record of the counselling.
The employee receives a copy of the record, and is
given an opportunity to comment either in writing or orally.
The record is placed on the employee’s personnel file
only where the employee has been given the opportunity to respond.
(c) Allow the
employee adequate time to demonstrate a willingness to improve the performance
or behaviour.
If, at the end of this period, no willingness has been
demonstrated, then disciplinary action (up to and including dismissal) may be
undertaken
(d) Nothing in the
procedure limits the rights of the Corporation to summarily dismiss an employee
for serious and wilful misconduct.
(e) Ensures that
the employee is entitled to have an available employee (from another area not
under the direct supervision of the reviewing Manager) present as a witness
throughout the process.
A union representative or nominated agent may also be
informed, providing confidentiality is not breached.
64.3 The
disciplinary procedures are designed to obtain compliance with established
rules of conduct and to correct under achievement of goals and obligations
established by the employment relationship. These disciplinary procedures are
not intended to punish employees.
65. Managing
Displaced Staff and Redundancy
65.1 Where changes
result in staff becoming displaced, the arrangements for managing such staff
shall be in accordance with the NSW Government public sector "Managing
Displaced Employees" policy.
65.2 The
arrangements shall be based on professional management practice, systematic
restructuring process as well as merit and equity principles.
65.3 The provisions
for redundancy as outlined in the "Managing Displaced Employees"
policy shall apply to the Corporation.
66.
Anti-Discrimination
66.1 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 responsibility
as a carer.
66.2 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.
66.3 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.
66.4 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.
66.5 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."
67. Transitional
Arrangements
Where, through job evaluation, restructuring or other means,
the gradings of positions may be affected, each staff member’s individual
circumstances shall be taken into account and personal arrangements made as
appropriate.
68. Grievance and
Dispute Settling Procedures
68.1 Process
(a) All grievances
and disputes relating to the provisions of this Award are to be dealt with
initially as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
division, if required.
(b) Further
details and guidelines on process shall be in accordance with Corporation
policy.
68.2 Formal
Notification and Graduated Steps
(a) An employee is
required to notify in writing their immediate Manager as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter
and, if possible, state the remedy sought.
(b) The immediate
Manager must convene a meeting in order to resolve the grievance, dispute or
difficulty within 2 working days, or as soon as practicable, of the matter
being brought to attention.
(c) If the matter
remains unresolved with the immediate Manager, the employee may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This Manager must respond
within 2 working days, or as soon as practicable.
(d) The employee
may pursue the sequence of reference to successive levels of management until
the matter is referred to the CEO.
(e) If the matter
remains unresolved, the CEO must provide a written response to the employee and
any other party involved in the grievance, dispute or difficulty, concerning
the action to be taken, or the reason for not taking action, in relation to the
matter.
68.3 Representation
and Third Parties
(a) An employee,
at any stage, may request to be represented by their Association or an Agent.
(b) The employee
or the Association or Agent on their behalf or the CEO may seek the assistance
of an agreed mediator.
(c) The employee
or the Association or Agent on their behalf or the CEO may refer the matter to
the NSW Industrial Relations Commission if the matter is unresolved following
the use of these procedures.
(d) The employee and
Association and Agent agree to be bound by any order or determination by the
NSW Industrial Relations Commission in relation to the dispute.
68.4 Normal Work to
Continue
(a) Whilst the
procedures outlined above are being followed, normal work undertaken prior to
the notification of the dispute or difficulty continues unless otherwise agreed
between the parties.
(b) In a case
involving occupational health and safety, if practicable, normal work proceeds
in a manner which avoids any risk to the health and safety of any employee or
member of the public.
69. Relationship to
Other Awards
69.1 This Award
shall be reviewed in light of any variation to the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2006, or an award replacing it,
in so far as it may affect clauses referred to in that award by this Award.
69.2 Where there may
be inconsistencies between this Award and the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006, the arrangements in this Award
shall prevail.
70. Deduction of
Union Membership Fees
70.1 The Association
shall provide the employer with a schedule setting out Association membership
fees payable by members of the Association in accordance with the Association’s
rules.
70.2 The Association
shall advise the Corporation of any change to the amount of membership fees
made under its rules. Any variation to
the schedule of Association membership fees payable shall be provided to the
Authority at least one month in advance of the variation taking place.
70.3 Subject to
subclauses 70.1 and 70.2 the Corporation shall deduct Association membership
fees from the salary of any officer who is a member of the Association in
accordance with the Association’s rules, provided that the officer has
authorised the Authority to make such deductions.
70.4 Monies so
deducted from officers’ salary shall be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to officers’ Association membership accounts.
71. Secure Employment
71.1 Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
71.2 Casual
Conversion
(a) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(b) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the
employee retains his or her right of election under this subclause if the
employer fails to comply with this notice requirement.
(c) Any casual
employee who has a right to elect under paragraph 71.2, upon receiving notice
under paragraph 71.2(b) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the reasons
for doing so shall be fully stated and discussed with the employee concerned,
and a genuine attempt shall be made to reach agreement. Any dispute about a
refusal of an election to convert an ongoing contract of employment shall be
dealt with as far as practicable and with expedition through the disputes
settlement procedure.
(d) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(e) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(f) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(i) whether the
employee will convert to full-time or part-time employment; and
(ii) if it is
agreed that the employee will become a part-time employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this award pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act
1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(g) Following an
agreement being reached pursuant to paragraph (f) the employee shall convert to
full-time or part-time employment. If
there is any dispute about the arrangements to apply to an employee converting
from casual employment to full-time or part-time employment, it shall be dealt
with as far as practicable and with expedition through the disputes settlement
procedure.
(h) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
71.3 Occupational
Health and Safety
(a) For the
purposes of this subclause, the following definitions shall apply:
(i) A
"labour hire business" is a business (whether an organisation,
business enterprise, company, partnership, co-operative, sole trader, family
trust or unit trust, corporation and/or person) which has as its business
function, or one of its business functions, to supply staff employed or engaged
by it to another employer for the purpose of such staff performing work or services
for that other employer.
(ii) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(b) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(i) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(ii) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(iii) 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
(iv) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(c) Nothing in this
subclause 71.3 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
71.4 Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
71.5 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
72. Additional
Maternity, Adoption and Parental Leave Entitlements
72.1 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).
72.2 The CEO 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 the CEO in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
72.3 Right to
request
(a) An employee
entitled to parental leave may request the CEO to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not exceeding
12 months;
(iii) 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.
(b) The CEO shall
consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the CEO's business. Such grounds might include
cost, lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
(c) Employee's
request and the CEO's decision to be in writing
The employee's request and the CEO's decision made
under 72.3(a)(ii) and 72.3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
72.3(a)(iii), 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.
72.4 Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the CEO 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 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 parental leave.
(b) The employee
shall take reasonable steps to inform the CEO 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.
(c) The employee
shall also notify the CEO of changes of address or other contact details which
might affect the CEO's capacity to comply with paragraph (a).
73. Casual Personal
Carers and Bereavement Leave Entitlements
73.1 Personal Carers
entitlement for casual employees
(a) Casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a family member described in clause 51.4(d) of this 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 (d), and the notice requirements set
out in (e).
(b) The CEO and
the casual employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) A CEO must not
fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of the CEO to engage or
not to engage a casual employee are otherwise not affected.
(d) The casual
employee shall, if required,
(i) 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
(ii) establish by
production of documentation acceptable to the CEO or a statutory declaration,
the nature of the emergency and that such emergency resulted in the person
concerned requiring care by the employee.
In normal circumstances, a casual employee must not
take carer's leave under this subclause where another person had taken leave to
care for the same person.
(e) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the CEO of their inability to
attend for duty. If it is not reasonably practicable to inform the CEO during
the ordinary hours of the first day or shift of such absence, the employee will
inform the CEO within 24 hours of the absence.
73.2 Bereavement
entitlements for casual employees
(a) Casual employees
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a family member on production of satisfactory evidence
(if required by the CEO).
(b) The CEO and
the casual employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any payment
for the period of non-attendance.
(c) A CEO must not
fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of the CEO to engage or
not engage a casual employee are otherwise not affected.
(d) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the CEO of their inability to
attend for duty. If it is not reasonably practicable to inform the CEO during the
ordinary hours of the first day or shift of such absence, the employee will
inform the CEO within 24 hours of the absence."
74. No Extra Claims
This Award is premised on the basis that there will be no
new salaries or condition claims arising from negotiation of productivity and
efficiency improvements covered by this Award.
75. Area, Incidence
and Duration
75.1 This Award
shall apply to all employees of the Superannuation Administration Corporation
unless otherwise specified by the CEO.
75.2 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the superannuation Administration Corporation
(Salaries and Conditions 2004) Award published 6 May 2005 (350 I.G. 899) and
all variations thereof.
75.3 The changes
made to the Award pursuant to the Award Review under section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 18 December 2007.
75.4 This Award
remains in force until varied or rescinded, the period for which it was made
already having expired.
PART B
MONETARY RATES
Table 1 -
Allowances
Effective 1 July
2007
Item
|
Clause
|
Description
|
Amount
|
No
|
No
|
|
$
|
1
|
|
Meal expenses on
one day journeys
|
|
|
25
|
Capital cities and high cost country centres (see list in
item 2)
|
|
|
25
|
Breakfast
|
20.20
|
|
25
|
Dinner
|
38.95
|
|
25
|
Lunch
|
22.65
|
|
25
|
Tier 2 and other
country centres (see list in item 2)
|
|
|
25
|
Breakfast
|
18.05
|
|
25
|
Dinner
|
35.60
|
|
25
|
Lunch
|
20.65
|
2
|
|
Travelling
allowances when staying in non-govt
|
|
|
|
accommodation
|
|
|
26
|
Capital cities
|
Per day
|
|
|
Adelaide
|
$242.25
|
|
|
Brisbane
|
$253.25
|
|
|
Canberra
|
$211.25
|
|
|
Darwin
|
$238.25
|
|
|
Hobart
|
$201.25
|
|
|
Melbourne
|
$247.25
|
|
|
Perth
|
$233.25
|
|
|
Sydney
|
$280.25
|
|
26
|
High cost country centres
|
Per day
|
|
|
Alice Springs (NT)
|
$195.25
|
|
|
Ballarat (VIC)
|
$199.25
|
|
|
Bendigo (VIC)
|
$204.75
|
|
|
Broome (WA)
|
$250.25
|
|
|
Bunbury (WA)
|
$194.25
|
|
|
Burnie (TAS)
|
$210.75
|
|
|
Carnarvon (WA)
|
$206.75
|
|
|
Christmas Island (WA)
|
$217.25
|
|
|
Cocos (Keeling) Island
|
$197.25
|
|
|
Dampier (WA)
|
$247.25
|
|
|
Derby (WA)
|
$236.25
|
|
|
Devonport (TAS)
|
$203.75
|
|
|
Emerald (QLD)
|
$193.75
|
|
|
Exmouth (WA)
|
$224.75
|
|
|
Geraldton (WA)
|
$194.25
|
|
|
Gold Coast (QLD)
|
$215.25
|
|
|
Halls Creek (WA)
|
$222.25
|
|
|
Horn Island (QLD)
|
$216.25
|
|
|
Jabiru (NT)
|
$287.25
|
|
|
Kadina (SA)
|
$194.25
|
|
|
Kalgoorlie (WA)
|
$199.75
|
|
|
Karratha (WA)
|
$286.25
|
|
|
Kununurra (WA)
|
$244.25
|
|
|
Launceston (TAS)
|
$198.25
|
|
|
Mackay (QLD)
|
$197.25
|
|
|
Maitland (NSW)
|
$195.75
|
|
|
Mount Gambier (SA)
|
$194.25
|
|
|
Mount Isa (QLD)
|
$207.25
|
|
|
Naracoorte (SA)
|
$193.25
|
|
|
Newcastle (NSW)
|
$202.25
|
|
|
Newman (WA)
|
$233.25
|
|
|
Norfolk Island
|
$195.25
|
|
|
Port Hedland (WA)
|
$276.75
|
|
|
Port Lincoln (SA)
|
$193.25
|
|
|
Port Macquarie (NSW)
|
$200.25
|
|
|
Portland (VIC)
|
$198.25
|
|
|
Thursday Island (QLD)
|
$262.25
|
|
|
Wagga Wagga (NSW)
|
$197.75
|
|
|
Warrnambool (VIC)
|
$196.75
|
|
|
Weipa (QLD)
|
$222.25
|
|
|
Whyalla (SA)
|
$194.25
|
|
|
Wollongong (NSW)
|
$195.75
|
|
|
Wonthaggi (VIC)
|
$208.25
|
|
|
Yulara (NT)
|
$410.25
|
|
26
|
Tier 2 country centres
|
Per day
|
|
|
Albany (WA)
|
$180.75
|
|
|
Bairnsdale (VIC)
|
$180.75
|
|
|
Bathurst (NSW)
|
$180.75
|
|
|
Bordertown (SA)
|
$180.75
|
|
|
Bright (VIC)
|
$180.75
|
|
|
Broken Hill (NSW)
|
$180.75
|
|
|
Cairns (QLD)
|
$180.75
|
|
|
Castlemaine (VIC)
|
$180.75
|
|
|
Ceduna (SA)
|
$180.75
|
|
|
Dalby (QLD)
|
$180.75
|
|
|
Dubbo (NSW)
|
$180.75
|
|
|
Echuca (VIC)
|
$180.75
|
|
|
Esperance (WA)
|
$180.75
|
|
|
Gladstone (QLD)
|
$180.75
|
|
|
Horsham (VIC)
|
$180.75
|
|
|
Innisfail (QLD)
|
$180.75
|
|
|
Orange (NSW)
|
$180.75
|
|
|
Port Augusta (SA)
|
$180.75
|
|
|
Renmark (SA)
|
$180.75
|
|
|
Roma (QLD)
|
$180.75
|
|
|
Seymour (VIC)
|
$180.75
|
|
|
|
Per Day
|
|
26
|
Daily allowance payable after 35 days and up to 6 months
in
|
50% of the
|
|
|
the same location - all locations
|
appropriate
|
|
|
|
location rate
|
3
|
|
Use of private
motor vehicle
|
Cents per
|
|
|
|
kilometre
|
|
38
|
Official business
|
|
|
|
Engine capacity-
|
|
|
|
2601cc and over
|
83.0
|
|
|
1601cc-2600cc
|
77.3
|
|
|
1600cc or less
|
55.3
|
|
38
|
Casual rate
|
|
|
|
Engine capacity-
|
|
|
|
2601cc and over
|
29.5
|
|
|
1601cc-2600cc
|
27.4
|
|
|
1600cc or less
|
23.1
|
|
|
Motor cycle allowance
|
|
|
|
Normal business
|
36.4
|
|
|
|
|
|
|
|
|
|
|
|
|
4
|
32
|
On-call (stand-by) and on-call allowance (effective ffpp
on or
|
|
|
|
after 1 July 2007)
|
0.73 per hour
|
5
|
31
|
First aid allowance (effective ffpp on or after 1 July
2007)
|
Per annum
|
|
|
- Holders of basic qualifications
|
$666 pa
|
|
|
- Holders of current occupational first aid certificate
|
$1002 pa
|
6
|
22
|
Overtime meal allowances
|
Effective
|
|
|
|
1 July 2007
|
|
|
Breakfast
|
$22.60
|
|
|
Lunch
|
$22.60
|
|
|
Dinner
|
$22.60
|
|
|
Supper
|
$8.70
|
Table 2 - Salaries
Classification
|
Year
|
From first pay
period after 1 July2007
|
|
|
$
|
General Scale
|
Year 1
|
27,055
|
|
Year 2
|
32,723
|
|
Year 3
|
35,266
|
|
Year 4
|
36,229
|
|
Year 5
|
37,762
|
|
Year 6
|
38,448
|
|
Year 7
|
39,400
|
|
Year 8
|
40,857
|
|
Year 9
|
42,338
|
|
Year 10
|
43,903
|
|
19 Yrs & HSC
|
30,656
|
|
|
|
SAC Officer Level 1
|
Year 1
|
46,320
|
|
Year 2
|
47,682
|
SAC Officer Level 2
|
Year 1
|
49,012
|
|
Year 2
|
50,356
|
SAC Officer Level 3
|
Year 1
|
51,784
|
|
Year 2
|
53,344
|
SAC Officer Level 4
|
Year 1
|
55,010
|
|
Year 2
|
56,701
|
SAC Officer Level 5
|
Year 1
|
61,128
|
|
Year 2
|
63,056
|
SAC Officer Level 6
|
Year 1
|
65,527
|
|
Year 2
|
67,448
|
SAC Officer Level 7
|
Year 1
|
69,468
|
|
Year 2
|
71,546
|
SAC Officer Level 8
|
Year 1
|
74,527
|
|
Year 2
|
76,896
|
SAC Officer Level 9
|
Year 1
|
79,188
|
|
Year 2
|
81,414
|
SAC Officer Level 10
|
Year 1
|
84,738
|
|
Year 2
|
87,263
|
SAC Officer Level 11
|
Year 1
|
91,589
|
|
Year 2
|
95,472
|
SAC Officer Level 12
|
Year 1
|
101,454
|
|
Year 2
|
105,923
|
Table 3 -
Settlement Periods for Work Hours System
|
Commences on
|
Finishes on
|
Period 1
|
31/12/07
|
25/01/08
|
Period 2
|
28/01/08
|
22/02/08
|
Period 3
|
25/02/08
|
21/03/08
|
Period 4
|
24/03/08
|
18/04/08
|
Period 5
|
21/04/08
|
16/05/08
|
Period 6
|
19/05/08
|
13/06/08
|
Period 7
|
16/06/08
|
11/07/08
|
Period 8
|
14/07/08
|
08/08/08
|
Period 9
|
11/08/08
|
05/09/08
|
Period 10
|
08/09/08
|
03/10/08
|
Period 11
|
06/10/08
|
31/10/08
|
Period 12
|
03/11/08
|
28/11/08
|
Period 13
|
01/12/08
|
26/12/08
|
Period 1
|
29/12/08
|
23/01/09
|
Period 2
|
26/01/09
|
20/02/09
|
Period 3
|
23/02/09
|
20/03/09
|
Period 4
|
23/03/09
|
17/04/09
|
Period 5
|
20/04/09
|
15/05/09
|
Period 6
|
18/05/09
|
12/06/09
|
Period 7
|
15/06/09
|
10/07/09
|
Period 8
|
13/07/09
|
07/08/09
|
Period 9
|
10/08/09
|
04/09/09
|
Period 10
|
07/09/09
|
02/10/09
|
Period 11
|
05/10/09
|
30/10/09
|
Period 12
|
02/11/09
|
27/11/09
|
Period 13
|
30/11/09
|
25/12/09
|
|
|
|
Period 1
|
28/12/09
|
22/01/10
|
Period 2
|
25/01/10
|
19/02/10
|
Period 3
|
22/02/10
|
19/03/10
|
Period 4
|
22/03/10
|
16/04/10
|
Period 5
|
19/04/10
|
14/05/10
|
Period 6
|
17/05/10
|
11/06/10
|
Period 7
|
14/06/10
|
09/07/10
|
Period 8
|
12/07/10
|
06/08/10
|
Period 9
|
09/08/10
|
03/09/10
|
Period 10
|
06/09/10
|
01/10/10
|
Period 11
|
04/10/10
|
29/10/10
|
Period 12
|
01/11/10
|
26/11/10
|
Period 13
|
29/11/10
|
24/12/10
|
D. W. RITCHIE, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.