Crown Employees (Roads and Traffic
Authority of New South Wales - Traffic Signals Staff) Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Electrical
Trades Union of Australia, New South Wales Branch, Industrial
Organisation of Employees.
(No. IRC 1211 of 2008)
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Before The Honourable
Justice Walton, Vice-President
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3 December 2008
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AWARD
Clause No. Subject Matter
1. Title
2. Definitions
3. Purpose of
this Award
4. Terms of
Employment
4.1 General terms
4.2 Part-time employment
4.3 Working hours
4.4 Shiftwork
4.4.1 General
4.4.2 Short term shiftwork
4.5 Promotion criteria
5. Payments
5.1 Salaries
5.2 Minimum and maximum payments
5.3 Incremental progression
5.4 Overtime
5.4.1 General
5.4.2 Call-outs
5.4.3 Rest breaks between shifts after overtime
5.5 Higher duties relief
5.6 Salary and grade appeals
5.7 Allowances and expenses
5.7.1 Meals on Journeys that do not require Overnight Accommodation
5.7.2 Meals on overtime
5.7.3 Private motor vehicle allowances
5.7.4 Residential course allowances
5.7.5 Lodging and travelling allowances
5.7.6 Fares to temporary work location
5.7.7 Location expenses
5.8 Provision of tools
5.9 Compensatory travel leave and payments
6. Leave
6.1 Public holidays
6.1.1 Local public holidays
6.1.2 Public service holiday
6.2 Recreation leave
6.3 Long Service Leave
6.3.1 General
6.3.2 Effect of approved Leave Without Pay (LWOP) on Long Service Leave
Entitlements
6.3.3 Taking of long service leave
6.3.4 Sick leave while on long service leave
6.3.5 Public Holidays while on long service leave
6.3.6 Payment or transfer of long service leave on termination
6.4 Sick leave
6.4.1 General
6.4.2 Additional special sick leave
6.5 Maternity leave
6.6 Adoption leave
6.7 Parental leave
6.7A Communication during maternity, Adoption and Parental Leave
6.7B Rights of request during Maternity, Adoption or Parental Leave
6.8 Study leave
6.8.1 Examination and pre-examination leave
6.9 Military leave
6.10 Special leave
6.11 Leave without pay
6.12 Family and community service leave
7. Other
Conditions
7.1 Deduction of Union Membership Fees
7.2 Grievance resolution and dispute settlement
7.2.1 Grievance resolution
7.2.2 Dispute settlement
7.2.3 Disputes relating to OH&S
7.3 Anti-Discrimination
7.4 No Extra Claims
7.5 Area Incidence and Duration
PART B
MONETARY RATES
Table 1-
Salary Increases
Table 2 - Allowances and Expenses
Appendix A -
Workplace reform
A1 Parties to
the award
A2 Enterprise
bargaining infrastructure
A2.1 RTA's Single Bargaining Unit (SBU)
A2.2 Project teams
A2.3 Staff task groups
A2.4 Regional consultative groups
A2.5 General principles
A3 Commercialisation
A4 Process
improvement
A5 Competency
based training
A6 Performance planning
and feedback
A7 Conditions
of employment
A8 Work
environment
A9 Contractors'
protocol
A10 Agreed
procedures for market testing and contracting out
A11 Spread of
hours
A12 Consultation
A13 Communication
A14 Austel
licence
Appendix B -
Implementation
B1 Rescinding
of previous awards
B2 Duration of
the award and operative dates for future salary increases
B3 Negotiating
the next award
Appendix C -
Grievance resolution
C1 Policy
C2 Definitions
and Key Terms
C3 Background
C4 Responsibilities
C5 Evaluation
C6 Breaches
C7 Additional
Information
C8 Grievance
Resolution Procedures
Appendix D - Market
Testing and Contracting Out
Principles
Selection of an Area of
Work to Market Test
Conduct of Market Testing Projects
Management of an Area of Work After Market Testing
Definitions
Consultative Process
Appendix E - Glossary
of Terms
Traffic Signals Group
Electronic Equipment Group
Part A
1. Title
This Award will be known as the Crown Employees (Roads and
Traffic Authority of New South Wales - Traffic Signals Staff) Award 2008. The terms of this Award will apply to
Traffic Signals Staff employed by the Roads and Traffic Authority.
2. Definitions
(a) "RTA" shall
mean the Roads and Traffic Authority Division of the Government Service of New
South Wales, established under Chapter 1A of the Public Sector Employment
and Management Act 2002 (NSW).
(b) "Staff"
shall mean the Traffic Signals classifications set out in Part B, Monetary
Rates, employed by the Roads and Traffic Authority Division of the Government
Service of New South Wales, established under Chapter 1A of the Public
Sector Employment and Management Act 2002 (NSW).
(c) "ETU"
shall mean the Electrical Trades Union of Australia, New South Wales Branch.
3. Purpose of This
Award
(a) The main purpose
of this Award is to ensure that the following parties:
RTA management;
Staff; and
the ETU
are committed to continually improving all areas of the
RTA to achieve lasting customer satisfaction and increased productivity.
(b) The RTA is
totally committed to improving the way in which it performs its operations to
ensure it meets customers' needs.
(c) This award is
made on the understanding that the salaries and conditions existing for
employees at the date on which this award takes effect shall not be reduced
merely as a consequence of the coming into operation of this award.
4. Terms of
Employment
4.1 General terms
(a) Employment is by
the fortnight for full-time and part-time staff
(b) The RTA will pay
all staff fortnightly by electronic funds transfer into a bank or other
approved financial institution.
(c) The RTA and the
ETU recognise that all Staff will perform work as specified by the RTA. The RTA will regard any unreasonable failure
to perform this work requirement as a refusal to perform duties. The RTA's disciplinary policy will be
followed in such cases.
(d) Staff must carry
out duties that:
they have the skills, competence, training and
qualifications to undertake
are within the classification structure of this Award
do not promote de-skilling.
(e) The RTA will not
require a staff member to work in an unsafe or unhealthy environment or in
breach of any statutory or regulatory requirement.
(f) Employment of
full-time and part-time staff can be terminated by the RTA with the following
periods of notice dependent upon the years of "continuous service":
up to three year's service 2 weeks notice
more than three years but less than five year's service
at least 3 weeks notice
more than 5 years service at least 4 weeks notice with
a loading of one week on the applicable period where the staff member is over
45 years and has at least 2 years completed years of continuous service with
the RTA as at the date of termination.
4.2 Part-time
employment
(a) Staff may be
employed on a part time basis subject to the needs of the RTA and in accordance
with its policies and procedures for permanent and part-time staff.
(b) Staff may apply
to work part-time and the decision to do so is voluntary. No person can be directed or placed under
any duress to move from full-time to part-time
work , or vice versa.
(c) Part-time staff
will be employed as required.
(d) If it is essential
that part-time staff work extra hours, the extra hours will be paid at the
following rates:
ordinary rates of pay plus a loading of 4/48ths in lieu
of recreation leave for work performed up to the normal daily working hours of
full-time staff performing similar duties
appropriate overtime rates for work performed in excess
of the normal working hours of full-time staff performing similar duties.
(e) Individual
working arrangements will be:
agreed between the RTA and the staff member concerned
set out in a written agreement signed by both parties
and approved by the appropriate Branch
Manager
able to be varied at any time by negotiation between
the parties.
(f) The salaries
and conditions of employment for part-time staff will be based on a pro-rata
application of salaries and conditions of employment contained in this Award
for full-time staff performing similar duties.
(g) The RTA will
notify the ETU prior to the employment of part time staff.
4.3 Working hours
(a) A normal working
week for workers other than continuous shift workers will consist of 38 hours
worked as follows:
a 20 day, 4 week cycle
Monday to Friday inclusive
19 working days of 8 hours each
working hours each day between 6.00am and 5.30pm.
(b) The commencing times
operating at the various RTA offices at the time of implementing this clause
shall not be changed without consultation with staff.
(c) For each day
worked 0.4 hours per day accrues as an entitlement to take the fourth Monday in
each work cycle as a Paid Accrued Day Off ("ADO").
(d) Staff who attend
RTA conferences, attend training organised by the RTA or who sit for an
examination on their ADO will have another day off in lieu.
(e) Where the ADO
falls on a public holiday, the next working day will be taken as the ADO.
(f) By agreement
with the RTA an alternate day in the four week cycle may be taken as the
ADO. The conditions of this Award will
apply to the alternate nominated ADO.
(g) Each day of
paid, sick or recreation leave taken and any public holidays occurring during
any cycle of four weeks is regarded as a day worked for accrual purposes.
(h) Staff who are
ill or incapacitated on their ADO are not entitled to paid sick leave on that
day, nor is the staff member’s sick leave entitlement reduced.
(i) Staff who have
either:
not worked a complete four-week cycle, or
are regarded has not having worked a complete four-week
cycle according to (a) above receive pro rata entitlements on the ADO for each
day (or fraction of day) worked, or regarded as having been worked. On termination of employment staff receive
pro rata accrued entitlements on the ADO.
(j) Staff may be
required to work on their ADO for the following reasons:
to allow other staff to be employed productively to
carry out maintenance outside of ordinary working hours
because of unforeseen delays to a particular project
(or part)
emergency or other unforeseen circumstances on a
project.
(k) Staff may be
required to work on a programmed ADO. If
staff work on a programmed ADO they are:
given at least five (5) working days notice of the
change
not paid penalty payments
permitted to take an alternate day off in the work
cycle
(l) Staff required
to work on their ADO without the notice period outlined in 4.3 (k) and who are
not provided with an alternate day off will be paid at Saturday overtime
rates.
(m) Staff on
continuous shift work accrue 0.4 hours for each eight hour shift work to allow
one complete shift to be taken off for every 20 shift cycle.
(n) The conditions
in (b) to (k) above also apply to continuous shift workers.
(o) Staff on shift
work shall have their 20 minute crib break, at the workplace rather than return
to their headquarters for this purpose.
4.4 Shiftwork
4.4.1 General
(a) For the purpose
of this clause:
"Afternoon shift" means a shift on which
ordinary time
- finishes
after 6.00pm and
- at or
before midnight
"Night shift" means a shift on which ordinary
time
- finishes
after midnight and at or before 8.00am
- commences
at or before 4.00am.
(b) Staff engaged on
shift work will be allowed a minimum of 10 hours between shifts except:
at change of shifts when a minimum of 8 hours will be
allowed, or
in cases of unavoidable necessity.
(c) If the RTA
instructs staff to resume or continue work without having 10 consecutive hours
off duty, they will be:
paid double time until they are released from duty
entitled to be absent, without loss of pay for ordinary
working time, until they have completed 10 consecutive hours off duty.
(d) The conditions
in (c) above also apply to shift workers except that 8 hours will be
substituted for 10 hours when overtime is worked:
for the purpose of changing shift rosters
where shift workers do not report for duty and day
workers or shift workers are required to replace them
where a shift is worked by arrangement between staff
themselves.
(e) In addition to
salaries to which they are entitled under this Award, staff on afternoon and/or
night shift are paid an additional 15 percent for each ordinary afternoon or
night shift performed on week days.
(f) All time
worked:
between 11.00pm and 12.00 midnight Friday
between 12.00 midnight Sunday and 7.00am Monday
is paid a shift loading of 15 percent of the ordinary
rate of pay.
(g) Sunday time
"Sunday time" is:
time worked between 12.00 midnight on Saturday and
12.00 midnight Sunday
paid at double time rate.
(h) Saturday time
Saturday time is:
time
worked between 12.00 midnight on Friday and 12.00 midnight on Saturday
paid at
the rate of time and a half (the time which forms part of the ordinary hours of
the week continues to be taken into consideration for the calculation of
overtime).
(i) Staff employed under
this clause and working a six or seven-day week three-shift roster are credited
with an additional five days recreation leave per annum. This leave accrues at the rate of 5/12 of a
day for each complete month that an officer so works.
4.4.2 Short term
shiftwork
Where shiftwork for construction or maintenance works
is of up to 2 weeks duration the following will apply:
(a) Staff required
to work shift work will be given at least 48 hours notice. If shift hours are changed, staff will be
notified by the finishing time of their previous shift.
(b) Shift work will
be worked between:
Sunday to Thursday inclusive, or
Monday to Friday inclusive.
(c) Working hours
and payment for shifts are:
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Single shifts:
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no longer than 8 hours, and
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paid at time and a half.
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Single shifts are worked after 6:00 pm and finish
before 6:00 am.
For shifts worked between Sunday and Thursday, Sunday
shifts are normal shifts that start before midnight Sunday.
For shifts worked between Monday and Friday, Friday
shifts are normal shifts that start before and end after midnight Friday
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Two shifts:
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worked between 6.00 am and midnight or as agreed with
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the RTA, and
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paid at time and a quarter
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Three shifts:
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with the third (night) shift being seven hours and 17
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minutes
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paid at time and a quarter.
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(d) Staff who are
employed during normal working hours are not allowed to work afternoon or night
shifts except at overtime rates.
(e) Work in excess
of shift hours, Sunday to Thursday or Monday to Friday (other than public
holidays) will be paid double time.
(f) Time worked on
a Saturday, Sunday or public holidays will be paid at overtime rates, provided
that:
Friday shifts referred to in clause 4.4.2 (d) will be
paid at ordinary shift rates
Sunday shifts referred to in clause 4.4.2 (d) will be
paid at ordinary shift rates after midnight Sunday.
(g) If staff work a
shift of less than five continuous days and:
it is not due to the actions of staff they will be paid
overtime rates
it is due to the actions of the staff they will be paid
normal shift rates.
(h) If a shift
exceeds four hours, staff will be allowed and paid 30 minutes crib time on each
shift.
(i) 0.4 of one hour
for each shift worked will be accrued, entitling staff to one shift off without
pay, in every 20 shift cycle, known as the Accrued Day Off (ADO). Wages for the accrued time will be paid in
the wages period during which it has been worked.
(j) Each shift of
paid leave taken and any public holidays occurring during a four week cycle
will be counted as a shift worked for accrual purposes.
(k) Staff who do not
work a complete four week cycle will receive pro-rata accrued entitlements for
each shift (or part of a shift) worked.
(l) Local
management and staff will agree on the:
arrangements for ADOs during the 20 shift cycle
accumulation of ADOs (maximum of five).
(m) Once ADOs have
been rostered they must be taken unless the RTA requires a staff member to work
in emergencies.
4.5 Promotion
criteria
All promotion from one grade to another will be on the
basis of merit and be subject to the existence of a vacancy.
Selection shall be in accordance with the RTA Selection
Policy in force from time to time.
5. Payments
5.1 Salaries
(a) For a detailed
list of the salaries of staff, refer to Part B, Monetary rates.
(b) For the purposes
of this Award:
the weekly rate will be calculated by dividing the
annual salary by 52.17857
the hourly rate will be calculated by dividing the
weekly rate by 38.
the salary rates listed in Part B are inclusive of a
1.35% annual leave loading.
5.2 Minimum and
maximum payments
Staff who attend for duty and:
who are not required shall receive five hours pay
unless 12 hours notice was given personally that they were not required
who commence work shall receive 7 hours pay.
5.3 Incremental
progression
(a) Staff will be
entitled to incremental progression within a grade after 12 months satisfactory
service and conduct on each step-in grade.
(b) The RTA may
withhold an increment or reduce a staff member’s salary on the basis of the
staff member’s:
inefficiency
misconduct in an official capacity.
(c) The RTA will
provide staff with written reasons for withholding an increment or reducing
their salary within 30 days of the increment being due, or of the reduction
taking effect.
(d) Periods of leave
without pay where the total period of absence in any one year is greater than 5
days will not count as service when determining increments.
5.4 Overtime
5.4.1 General
(a) Overtime will be
paid only for work performed in excess of the normal working hours per day
which is specifically directed by an authorised officer.
(b) Overtime is used
to allow essential work to be carried out which, due to its character or
special circumstances, cannot be performed during normal working hours. It is not an optional work pattern.
(c) Overtime will be
kept to a minimum and other work arrangements such as shift work should be
considered before overtime is undertaken.
(d) If staff work
flexible working hours, overtime will only be paid for approved overtime worked
outside the bandwidth.
(e) Overtime will be
paid at the following rates:
first two hours
time and a half
after the first two hours
double time
all work on Saturday
time and a half for the
first two hours and
double time after the first two hours
all work on Sunday
double time
all work on a public holiday
double time and a half
(f) Staff who are
required to attend work on a Saturday, Sunday public holiday, picnic day or ADO
will be paid for at least four hours work at the appropriate overtime rate.
(g) Overtime is not
payable for:
any period of work that is less than a quarter of an
hour
time taken as a meal break (except as provided for in
5.4.1 j.)
time spent travelling outside normal hours.
(h) If staff work
overtime on a Saturday, Sunday or public holiday, they may apply for leave in
lieu of payment for all or part of their entitlement calculated at the
appropriate overtime rate. This is
provided that:
the application for leave in lieu of payment is made
within two working days of their work on a Saturday, Sunday or public holiday
leave in lieu is taken at the convenience of the RTA
leave in lieu is taken in multiples of a quarter of a
day
the maximum period of the leave in lieu for a single
period of overtime is one day
leave in lieu is taken within one month of approval to take
leave in lieu, except for work performed on a public holiday which may, at the
election of staff, be added to annual leave credits
Staff are paid for the balance of any entitlement not
taken as leave in lieu.
(i) Overtime will
not be paid for attending activities which principally benefit the staff member
concerned and only indirectly benefit the RTA. Such activities may include:
conferences of professional bodies
lectures conducted by educational institutions
self-nominated training activities.
(j) Staff required
to work two hours or more overtime after their normal ceasing time are entitled
to:
30 minutes for a meal or crib break without loss of
pay, after the first 2 hours, and
a similar time allowance for each additional 4 hours of
overtime worked.
To qualify for the above allowance staff must continue
to work after their allowed break.
Staff required to work past 12 noon on Saturday are
entitled to a 30 minute meal break, without loss of pay between 12 noon and 1
pm.
(k) Staff working
overtime and supervising other staff will be paid the same penalties as those
under their control.
(l) The RTA may
require staff to work reasonable overtime at overtime rates. An officer may refuse to work overtime in circumstances
where the working of overtime would result in staff working hours which are
unreasonable. For the purposes of this
paragraph what is unreasonable or otherwise will be determined having regard
to:
any risk to the staff member’s health and safety;
the staff member’s personal circumstances including any
family and carer responsibilities
the needs of the workplace or enterprise;
the notice (if any) given by the Authority regarding
the working of overtime, and by the officer of their intention to refuse the
working of overtime; or
any other relevant matter.
5.4.2 Call-outs
(a) Staff recalled
to work overtime:
having ceased normal duty (whether notified before or
after leaving the premises)
are paid for a minimum of four hours work at the appropriate
rate for each time they are recalled
will not be required, except in unforeseen
circumstances, to work the full four hours if the job is completed within a
shorter period.
within four hours of the normal commencing time and
return home prior to the commencement of normal duties will be entitled to the
minimum payment of four hours overtime.
This sub-clause does not apply where:
it is customary for staff to return to the workplace to
perform a specific job outside ordinary working hours
the overtime is continuous (subject to a reasonable
meal break) with the completion or commencement of ordinary working time.
(b) Overtime worked
on a call-out where the actual time worked is less than three hours on such
recall or on each of such recalls shall not be regarded as overtime for the
purposes of 10 consecutive hours off duty as outlined in 5.4.3 below.
(c)
(i) Despite
5.4.2(b), where a staff member:
is called out on two or more occasions, and
each recall is less than three hours duration, and
the timing of the callouts means that the staff member
does not have a sufficient amount of sleep meaning that he or she will not be
in a fit state to attend work.
The staff member should discuss with their supervisor
to delay their commencement of duty to ensure that the staff member has
sufficient rest.
(ii) The staff
member should be given sufficient additional rest time except in cases of
emergency where the staff member is required for duty.
(iii) When
additional rest time is granted to a staff member, they will be paid at
ordinary rates for the period that they are absent from work.
(iv) Should the RTA
not be able to grant the staff member additional rest time in accordance with
5.4.2(c)(i) and the staff member is required to attend for duty, no additional
penalty payment will be made. Penalty payments will only be made where sub
clause 5.4.3 comes into operation.
5.4.3 Rest break
between shifts after overtime
(a) Staff required
to work after finishing a shift without a break of 10 consecutive hours before
their next starting time are entitled to be absent from duty for 10 consecutive
hours without deduction of pay.
(b) Staff required
to commence duty before the expiration of the 10 hour break will be paid double
time for the time worked.
(c) The provisions
of (a) and (b) above also apply to shift workers who rotate from one shift to
another by substituting "10 hours" with "8 hours":
for the purpose of changing shift rosters
where a shift worker does not report for duty
where the shift worked by arrangement between staff.
5.5 Higher duties
relief
(a) When the RTA has
directed a staff member to relieve in a higher graded position and the staff
member performs the normal duties of the position, the staff member will be
paid an allowance to the first year salary rate of the position for the full
period of relief
(b) If a staff
member performs the duties of a higher graded position for 260 days either
continuously or not they shall:
be paid the next higher rate of pay for the position
be paid the next higher rate of pay for the position on
the completion of a further 260 days relief either continuously or non
continuously.
(c) Periods of
relief of less than 5 working days shall not be counted in the above.
(d) All time acting
in a higher grade position, except when less than 5 continuous working days,
shall be recognised for determining the appropriate salary when promoted to
that grade.
(e) If a staff
member acts in a position more than one grade above their position the period
of relief will only be recognised in determining the appropriate salary when
promoted to the grade immediately above them.
(f) Public Holidays
falling within the period of relief shall be paid at the higher rate provided
the staff member works in the higher grade on the day before and after the
Public Holiday.
5.6 Salary and grade
appeals
(a) Staff may apply
to the RTA, through their Branch/Section Manager, for an:
increase in salary in excess of the rate of salary
provided in this Award
alteration in the grade to which the staff member is
appointed.
(b) Staff may appeal
to the RTA if they:
are dissatisfied with a decision of the RTA
in respect of the staff member’s salary or grade
in respect of any other matter under the Government
and Related Employees Appeal Tribunal Act 1989, as amended (Part 3,
Division 1, Promotion Appeals, or Part 3, Division 2, Disciplinary Appeals)
do not exercise their rights before the Government and
Related Employees Appeal Tribunal, by forwarding a Notice of Appeal to the RTA
within 30 days of being advised of the decision to be appealed. The Notice will
set out the grounds for appeal.
(c) The RTA will
hear the appeal and allow the staff member to either:
attend the appeal and present the case, or
arrange for their representative to present the case.
5.7 Allowances and
expenses
5.7.1 Meals on Journeys
that do not require Overnight Accommodation
(a) Staff who travel
on official business and who do not need to stay temporarily at a place other
than their home, will be paid an allowance as set out in Table 2
"Allowances and expenses" of Part B "Monetary Rates" of
this Award.
breakfast
when the RTA requires them to start travelling at or
before 7.00am. and return after 9.00 am.
an evening meal
when the RTA requires them to travel before 6.30pm and
return is after 6.30 pm.
lunch
when,
due to the journey, travel commences before 1 pm and return is after 2 pm
(b) The allowances
will not be paid to staff unless:
travel is outside their headquarters in the Sydney,
Newcastle, Wollongong Transport Districts.
other staff travel at least 25 km from their
headquarters.
(c) A meal allowance
as set out in Table 2 "Allowances and expenses" of Part B
"Monetary Rates" of this Award will be paid when:
on the first day a staff member transfers from one work
location to another more than 25 km from their headquarters in the same
Transport District Headquarters
a staff member attends an evening meeting at a location
in the same Transport District 25 km from their headquarters.
(d) The hours
referred to above shall read one hour earlier in respect of staff working at
offices or depots which start work at 6.00am.
5.7.2 Meals on overtime
A meal allowance as set out in Table 2 "Allowances
and expenses" of Part B "Monetary Rates" of this Award will be
paid when working overtime:
for longer than one and half hours
for working each additional four hours
When recalled to work a meal allowance will be paid:
after working four hours
after each additional four hours worked.
When recalled to work overtime a crib time of 20
minutes without loss of pay will be allowed for each four hours worked if work
continues after the break.
5.7.3 Private motor
vehicle allowances
(a) If staff do not
wish to use their private motor vehicles for RTA business, under no
circumstances can they be required to do so.
(b) Staff may use
their private motor vehicle on official RTA business only if:
there is no RTA vehicle, or public or other transport
available and
the use of the private motor vehicle is essential for
the economic performance of the staff member’s duties
the use is authorised in advance.
(c) Staff will be
paid the:
RTA business rate
for use
of a private vehicle on RTA business
Specified journey rate
for use
of private vehicle for transport to a temporary work location
for the
approved use of a private vehicle on RTA business when a RTA vehicle or public
transport is available, but the staff member chooses and prior approval is
given to use the private vehicle.
(d) The rates of
motor vehicle allowances will be published separately by the RTA.
(e) If staff are
entitled to the cost of rail travel, but choose to use their private motor
vehicle, they will be reimbursed the equivalent cost of the rail fares
(including sleepers where appropriate).
5.7.4 Residential
course allowances
Staff who attend residential courses are entitled to
allowances.
5.7.5 Lodging and
travelling allowances
(a) If the RTA
requires staff to journey away from their headquarters and stay overnight at a
place other than home, the RTA may:
elect to arrange and pay for the accommodation direct
to the accommodation provider and;
Reimburse the staff member the appropriate meal and
incidental allowance as set out in Table 2 "Allowances and expenses"
of Part B "Monetary Rates" of this Award, or
elect to pay actual and reasonable expenses, or
elect to pay full expenses subject to the staff member
obtaining prior approval to arrange and pay for the overnight accommodation
(b) The standard of
accommodation for staff is expected to be at a level of 3 star as rated by the
NRMA or other recognised accommodation assessors where such standard of
accommodation is available.
(c) In all
circumstances staff must be given prior approval to travel.
5.7.6 Fares to
temporary work location
Staff who take up duty temporarily at a location
different than their regular place of work will receive the amount of any
additional fares reasonably incurred in travelling to and from the temporary
location.
5.7.7 Location expenses
(a) Staff shall not
have their headquarters changed when it is known they will be relocated for
less than six months unless they are surplus and have to be absorbed.
(b) Staff who are
relocated to new headquarters are entitled to reimbursement for necessary costs
actually incurred in relocating themselves, their dependants and their
household to the new headquarters. Unless approved by an RTA Director, this
does not apply to staff who relocate:
at their own request within two years of starting duty
at their previous headquarters
to a new headquarters within 34 km of their previous
headquarters
due to official misconduct
at their own request because of ill health or other
hardship.
(c) The
reimbursement of actual and necessary relocation costs will include:
travel and temporary accommodation on relocation
temporary accommodation at the new headquarters
removal or storage of furniture and effects
conveyancing costs for the sale of the residence at the
former location where a new residence or land for a residence is purchased at
the new location
rental subsidy for increased rental costs at the new
location
education costs for dependent children
relocation costs on a staff member's retirement
relocation costs for a staff member's spouse and/or
dependant on the death of a staff member (to the point of recruitment or
equivalent).
5.8 Provision of
tools
The salary rates of Traffic Signals staff in Part B
takes into account that the tools listed below are provided and adequately
maintained by such staff:
|
Centre punch
|
Diagonal cutting nippers (insulated, 150mm)
|
|
Measuring tape (3m)
|
Allen keys, metric
|
|
Hacksaw
|
Insulated screwdriver (Phillips No 2, 100mm)
|
|
Ball pien hammer (250g)
|
Screwdriver (Phillips No 0, 75mm)
|
|
Multigrips or vise-grip
|
Insulated screwdriver (Square, 250x10mm)
|
|
Knife (Stanley)
|
Screwdriver (Square, 200 x 8mm)
|
|
Universal adjustable wire stripper
|
Screwdriver (Square, 130 x 6mm)
|
|
Combination pliers (insulated)
|
Screwdriver (Square, 100 x 3mm)
|
|
Long-nose pliers (insulated, 150mm)
|
Shifting spanner (100mm)
|
|
|
Shifting spanner (200mm)
|
5.9 Compensatory
travel leave and payments
(a) Staff are entitled
to claim ordinary time payment or compensatory leave (if the RTA approves) when
the RTA directs them to travel in connection with official business:
to and/or from somewhere other than their normal
headquarters
outside normal working hours.
(b) Staff travelling
on a day where they are not required to work may claim for time spent in
travelling after 7.30am.
(c) Staff travelling
on a day where they are required to work may claim for time spent travelling
before the normal start time or after the normal finishing time, provided that:
the normal time for the trip from home to headquarters
and return is deducted from travelling time
periods of less than ¼ hour on any day are disregarded
travelling time does not include any travel between
11.00pm on one day and 7.30am on the following day when staff have travelled
overnight and accommodation has been provided
travelling time is calculated on the basis of
reasonable use of the most practical and economical means of transport
travelling time does not include travelling for a
permanent transfer which:
has increased salary
is for disciplinary reasons
is made at the staff member's request.
travelling time does not include travel by ship on
which meals and accommodation are provided.
(d) Staff are
entitled to claim waiting time as follows:
Where no overnight stay is involved:
1 hour shall be deducted from the time of arrival and
the commencement of work.
1 hour shall be deducted from the time of ceasing work
and the time of departure for home, headquarters or another work centre.
Where overnight accommodation is provided:
Any time from the completion of arrival until the time of
departure shall not count as travelling time unless
work is performed on the day of departure
waiting
time less one hour shall be allowed.
Where no work is done on the day of departure waiting
time less one hour after normal starting time until time of departure shall be
allowed.
6. Leave
6.1 Public holidays
(a) This section
covers the following gazetted public holidays:
New Year’s Day
Australia Day
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queen’s Birthday
Labour Day
Christmas Day
Boxing Day
Proclaimed state public holidays
Proclaimed local public holidays do not qualify.
(b) If the holiday
falls on a weekend, no additional payment will be made unless the RTA requires
staff to work on that day. For further
details, refer to Section 4.4, Shiftwork and Section 5.4, Overtime.
6.1.1 Local public
holidays
(a) Staff in country
areas may observe up to two local public holidays (or four half days) each
year. This applies regardless of whether the local public holidays are:
proclaimed (gazetted)
locally agreed.
(b) Recreation
leave, study leave and flexible leave may be taken in conjunction with local
public holidays.
6.1.2 Public service
holiday
(a) Staff observe
the Union Picnic Day instead of the Public Service Holiday.
(b) Staff are
entitled to a day's leave with pay on the first Monday in December to attend an
annual union picnic. If they are
required to work on that day they will be granted a leave day in lieu.
6.2 Recreation leave
(a) Recreation leave
accrues at 1 2/3 days for each completed month of service, up to a maximum of
20 working days per year.
(b) Leave is granted
at the discretion of the RTA.
(c) The minimum
period of leave that may be claimed is one hour. Any leave claimed in excess of
one hour is to be claimed to the nearest one minute.
(d) Staff employed
on seven day continuous shift basis will accrue recreation leave of 2 1/12 days
for each completed month to a maximum of 25 days.
(e) Subject to
paragraph (ga) of subclause 6.12 - Family and Community Service Leave, staff
shall wherever practicable, take their annual leave within six months of it
becoming due.
(f) Subject to
paragraph (ga) of subclause 6.12 - Family and Community Service Leave, the RTA
may direct staff to take leave for which they are eligible, provided that:
the RTA gives the staff member at least four weeks’
notice of the starting date of the leave.
as far as practicable, the RTA takes the staff member’s
wishes into account when fixing the time for the leave.
6.3 Long Service
Leave
6.3.1 General
(a) The entitlement
to long service leave is set by the Transport Administration Act 1988
(NSW).
(b) Staff who have
completed 10 years service recognised by the RTA, are entitled to long service
leave of:
44 working days at full pay, or
88 working days at half pay, or
22 working days at double pay.
(c) For each
additional calendar year of service completed in excess of 10 years, staff
accrue 11 working days long service leave
(d) From 1 January 2005,
staff who have completed at least 7 years continuous service with the RTA, or
as recognised in accordance with paragraphs g) and h) below, are entitled to
access the long service leave accrual indicated in b) above on a pro rata basis
of 4.4 working days per completed year of service.
(e) Staff who are
employed part-time are entitled to long service leave on the same basis as that
applying to full-time staff but payment for the leave is calculated on a pro
rata basis.
(f) Staff who are
employed as shift workers are debited the number of working days that fall
during the period of leave, which may include a Saturday or Sunday that forms a
part of the ordinary roster.
(g) All previous
full-time and part-time service with the RTA, the former Department of Main
Roads, Department of Motor Transport or the Traffic Authority are to be taken
into account as service when determining the appropriate rate of accrual of
long service leave for staff employed on a full-time or part-time basis with
the RTA.
(h) Permanent
service with other NSW government bodies will also be recognised by the RTA in
accordance with Schedule 3A of the Public Sector Employment and Management
Act, 2002.
(i) Nothing in
paragraphs g) or h) above entitles staff to payment for previous service
recognised, where the accrual for that service has previously been taken as
long service leave or paid out on termination.
6.3.2 Effect of
approved Leave Without Pay (LWOP) on Long Service Leave Entitlements.
(a) To determine if
staff have completed the required 10 years of service:
any period of approved leave taken without pay before
13 December 1963 counts as service to determine whether or not staff have
completed 10 years of service.
any period of approved leave taken without pay after 13
December 1963 does not count towards the 10 years of service.
(b) Where staff have
completed 10 years continuous service with the RTA, or as recognised in
accordance with paragraphs 6.3.1 g) and h) above, approved LWOP for the reasons
listed below counts as service for long service leave accrual:
military service (e.g. Army, Navy or Air Force);
major interruptions to public transport;
periods of leave accepted as workers compensation.
(c) For staff who have
completed 10 years continuous service, or as recognised in accordance with
paragraphs 6.3.1 g) and h) above, any period of approved leave without pay not
exceeding 6 months counts for the purpose of calculating length of service.
6.3.3 Taking of long
service leave
(a) Subject to RTA
approval, staff may take long service leave:
at a time convenient to the RTA;
for a minimum period of one hour;
at full pay, half pay or double pay.
(b) If staff take
leave at double pay:
the long service leave balance is debited the actual
number of working days/hours of leave at full pay, plus the equivalent number
of working days/hours at full pay necessary to make up the additional payment;
the additional payment is made to staff as a taxed,
non-superable allowance;
all leave entitlements will accrue based on the actual
number of working days/hours absent from work on long service leave.
(c) If staff take
leave at half pay:
the long service leave balance will be debited at the rate
of half the days/hours taken as long service leave;
recreation leave entitlements will accrue at half the
ordinary rate for the days/hours absent from work;
all other entitlements will accrue based on the actual
number of working days/hours absent from work on long service leave.
(d) For staff whose
ordinary hours of work are constant, payment is made at the current rate of
pay.
(e) For part-time
staff whose ordinary hours are not constant, payment is made based on the
substantive rate of pay averaged over:
the past 12 months, or
the past 5 years
whichever is the greater.
(f) Payment
includes all allowances in the nature of salary but does not include any
amounts normally paid for shift work, overtime or penalty rates.
(g) Payments will be
increased to reflect any increment action that staff become eligible for while
absent on long service leave.
(h) Staff who take
long service leave whilst in service, may choose to be paid fortnightly or in
one lump sum in advance of taking leave.
6.3.4 Sick leave while
on long service leave.
(a) Staff are only
entitled to claim sick leave that occurs during an absence on long service
leave when sick for five or more consecutive working days.
(b) To claim sick
leave, staff must provide a medical certificate for the period claimed as soon
as possible.
(c) If sick leave is
approved, the long service leave balance is re-credited with:
the equivalent period of sick leave if taking leave on
a full or half pay basis; or
the equivalent period of sick leave and the extra
amount of long service leave entitlement accessed to make up the double pay
allowance if taking leave on a double pay basis.
(d) If long service
leave is taken at double pay, the RTA will recoup any allowance already paid
for the period being claimed as sick leave.
(e) The above apply
if staff take long service leave prior to retirement but not long service leave
prior to resignation or termination of services.
6.3.5 Public Holidays
while on long service leave.
(a) Public holidays
that fall while staff are absent on long service leave are not recognised as
long service leave and are not deducted from the long service leave balance.
(b) Payment for a
public holiday is calculated on the ordinary hours of work and paid at single
time even if staff have chosen to take long service leave at half-pay or double
pay.
6.3.6 Payment or
transfer of long service leave on termination
(a) Staff who are
entitled to long service leave on termination of employment, including
retirement, are paid the monetary value of the leave as a gratuity, in lieu of
taking the leave.
(b) For staff
employed on a full-time basis, payment is calculated at the substantive rate of
pay on the last day of service.
(c) Staff who have
at least five years’ service as an adult but less than seven years’ service,
are paid pro-rata long service leave if employment is terminated:
by the RTA for any reason other than serious and
intentional misconduct; or
by staff request in writing on account of illness,
incapacity or domestic or other pressing necessity
(d) In the event c)
applying, any period of leave without pay taken does not count as service.
(e) Staff who resign
to join another Government Department, and ‘transfer’ as defined by the Transferred
Officers Extended Leave Act 1961 (NSW) are entitled to have their long
service leave accrual accepted by their new employer.
6.4 Sick leave
6.4.1 General
(a) Staff are
eligible for sick leave where it is established that leave is necessary due to
ill health.
(b) Staff are
eligible for 15 days' sick leave, fully cumulative in each calendar year.
(c) If staff are
unable to attend work due to illness or injury, they must advise their manager
as soon as reasonably practicable, and preferably before starting time:
that they are unable to attend work,
the nature of their illness or incapacity; and
the estimated period of absence from work.
(d) The granting of
paid sick leave shall be subject to the staff member providing evidence which
indicates the nature of illness or injury.
If a staff member is concerned about disclosing the nature of the
illness to their manager they may elect to have the application for sick leave
dealt with confidentially by an alternate manager or the human resources section.
(e) Staff absent
from duty for more than 2 consecutive working days because of illness must
provide a medical certificate to the RTA in respect of the absence.
(f) Staff who take
sick leave in excess of 5 uncertified working days in a calendar year will be
required to produce medical certificates for any further sick leave absences
for the remainder of that calendar year.
(g) As a general
practice backdated medical certificates will not be accepted. However, if a staff member provides evidence
of illness that only covers the latter part of the absence, they may be granted
sick leave for the whole period if the RTA is satisfied that the reason for the
absence is genuine.
(h) If the RTA is concerned
about the diagnosis described in the evidence of illness produced by the staff
member, after discussion with the staff member, the evidence provided and the
staff member's application for leave can be referred to a medical practitioner
or HealthQuest for advice.
The type of leave granted to the staff member will be
determined by the RTA based on the medical advice received.
If sick leave is not granted, the RTA will, as far as
practicable, take into account the wishes of the staff member when determining
the type of leave granted.
(i) The RTA may
direct a staff member to participate in a return to work program if the staff
member has been absent on a long period of sick leave.
(j) Nothing in
clause 6.4.1 removes the right of the RTA to request medical certificates for
single day absences where required or from referring the staff member to
HealthQuest for other reasons as prescribed in the RTA's sick leave policy.
6.4.2 Additional
special sick leave
(a) Staff are
eligible for additional special sick leave if they:
have at least ten years' service recognised by the RTA
have been or will be absent for more than three months,
and
have exhausted or will exhaust available paid sick
leave.
(b) Staff who are
eligible for additional special sick leave may be granted:
one calendar month additional special sick leave for
each ten years of service; and
an additional ten calendar days less all additional
special sick leave previously granted.
(c) If any special
sick leave is taken during service, the entitlement to special sick leave will
be reduced by the amount of special sick leave already taken.
6.5 Maternity leave
(a) Female staff are
entitled to maternity leave to enable them to retain their position and return to
work within a reasonable time after the birth of their child.
(b) Unpaid maternity
leave may be granted on the following basis:
up to nine weeks before the expected date of birth
up to 12 months after the actual date of birth
(c) Permanent Staff
may be granted paid maternity leave if they have completed at least 40 weeks’
continuous service in the NSW public sector prior to the expected date of birth
of their child at the ordinary rate of pay for:
fourteen weeks at full pay or
28 weeks at half pay or
a combination of the two options above
(d) The equivalent
pay for the period of leave can be requested as a lump sum, paid in advance of
starting maternity leave.
(e) The lump sum
payment will be made up to the maximum period indicated or for the period of
leave actually taken, whichever is the lesser.
(f) A staff member
who commences a subsequent period of maternity or adoption leave within 24
months of commencing an initial period of maternity or adoption leave will be
paid:
at the rate they were paid before commencing the
initial leave if they have not returned to work; or
at a rate based on the hours worked before the initial
leave was taken, where the staff member has returned to work and reduced their
hours during the 24 month period; or
at a rate based on the hours worked prior to the
subsequent period of leave where the
staff member has not reduced their hours.
(g) Staff who choose
to take paid maternity leave as a lump sum and request to return to work before
the period of leave is completed, must repay the remainder of the lump sum
amount.
(h) Staff who
receive payment under this clause are not entitled to any payment under clause
6.7. Parental Leave.
(i) Where staff are
on one form of leave and their child is born before the expected date of birth,
maternity leave commences from the date of birth of the child.
6.6 Adoption leave
(a) Staff are
entitled to adoption leave if they are the person who assumes the primary role
in providing care and attention to the child.
(b) Adoption leave
starts from the date of taking custody of the child.
(c) Unpaid adoption
leave is available to all permanent staff and may be taken as:
short adoption leave, being three weeks on leave
without pay
extended adoption leave:
up to 12 months on leave without pay
including any short or paid adoption leave
(d) Paid adoption
leave may be granted to permanent staff who have completed at least 40 weeks’
continuous service in the NSW public sector prior to taking custody, at the ordinary
rate of pay for:
fourteen weeks or;
28 weeks at half pay or;
a combination of the two options above
(e) The equivalent
pay for the period of leave can be requested, as a lump sum, paid in advance of
starting adoption leave.
(f) Payment will be
made up to the maximum period indicated or for the period of leave actually
taken, whichever is the lesser.
(g) Staff who chose
to take paid adoption leave as a lump sum and request to return to work before
the period of leave is completed must repay the remainder of the lump sum
amount.
(h) Staff who
receive payment under this clause are not entitled to any payment under clause
6.7. Parental Leave.
(i) A staff member
who commences a subsequent period of maternity or adoption leave within 24
months of commencing an initial period of maternity or adoption leave will be
paid:
at the rate they were paid before commencing the
initial leave if they have not returned to work; or
at a rate based on the hours worked before the initial
leave was taken, where the staff member has returned to work and reduced their
hours during the 24 month period; or
at a rate based on the hours worked prior to the
subsequent period of leave where the
staff member has not reduced their hours.
(j) Where both
partners are employed in the public sector, adoption leave will only be granted
to one partner for each adoption.
6.7 Parental Leave
(a) Staff who are
not entitled to maternity or adoption leave may be entitled to unpaid parental
leave to enable them, as a parent, to share in the responsibility of caring for
their child or children.
(b) Staff employed
on a full-time or part-time basis who have completed at least 40 weeks
continuous service in the NSW public sector, are entitled to paid parental
leave of:
one week at full ordinary pay; or
two weeks at half ordinary pay
the remainder of the requested leave being unpaid
leave.
(c) Unless otherwise
agreed, the entitlement to paid parental leave will be paid at full ordinary
pay for the first five days of approved leave as set out in (b).
(d) Parental leave
approved by the RTA may be taken as:
short parental leave for an unbroken period of up to
five working days at the time of the birth or other termination of their
spouse’s or partner’s pregnancy or, in the case of adoption, from the date of
taking custody of their child or children
extended parental leave for a period not exceeding 12
months, less any paid or short parental leave already taken as outlined above.
(e) Extended
parental leave may commence at any time within two years from the date of birth
of the child or the date of placement of the adopted child and leave may be
taken:
full-time for a period not exceeding 12 months or;
part-time over a period not exceeding two years or;
partly full-time and partly part-time over a
proportionate period of up to two years.
6.7A Communication
during Maternity, Adoption and Parental Leave
(a) Where an
employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, the RTA shall
take reasonable steps to:
Make information available in relation to any
significant effect the change will have on the status or responsibility level
of the position the employee held before commencing maternity, adoption or
parental leave.
Provide an opportunity for the employee to discuss any
significant effect the change will have on the status or responsibility level
of the position the employee held before commencing maternity, adoption or parental
leave.
(b) The employee
shall take reasonable steps to inform the RTA about any significant matter that
will affect the employee’s decision regarding the duration of maternity,
adoption or parental leave to be taken, whether the employee intends to return
to work and whether the employee intends to request to return to work on a
part-time basis.
(c) The employee
shall also notify the RTA of changes of address or other contact details which
might affect the RTA’s capacity to comply with paragraph (a).
6.7B Rights of request
during Maternity, Adoption or Parental Leave
(a) An employee
entitled to maternity, adoption or parental leave may request that the RTA
allow the employee:
to extend the period of unpaid maternity, adoption or
parental leave for a further continuous period of leave not exceeding 12
months;
to return from a period of maternity, adoption or
parental leave on a part-time basis until the child reaches school age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The RTA 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 RTA’s business. Such grounds might include
cost, lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
(c) The employee’s
request and the RTA decision in writing.
The employee’s request and the RTA’s decision made
under paragraph (a) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
paragraph (a), dot point 2, such a request must be made as soon as possible but
no less than seven weeks prior to the date upon which the employee is due to
return to work from maternity, adoption or parental leave.
6.8 Study leave
(a) Staff are
entitled to paid study leave if they are studying a course which:
is appropriate to their present classification, or
provides progression or reclassification opportunities
relevant to the RTA.
(b) Study leave will
be granted on the following basis:
face-to-face students:
half an hour for every hour of lectures, up to a
maximum of four hours per week, or
20 days per academic year, whichever is the lesser
correspondence students:
half an hour for every hour of lecture attendance
involved in the corresponding face-to-face course, up to a maximum of four
hours per week; or
20 days per academic year, whichever is the lesser.
6.8.1 Examination and
pre-examination leave
To assist staff attempting final examinations in
courses for which study leave has been approved and to free them from work
immediately prior to an examination, staff will be given a maximum of:
five days paid examination leave per calendar year for
time occupied in travelling to and from and attending the examination
half a day for pre-examination leave on the day of
examination, up to a maximum of five days per calendar year.
6.9 Military leave
Staff who are part-time members of naval, military
(including 21st Construction Regiment) or air force reserves will be eligible
for military leave each 12 months commencing 1 July on the following basis:
military forces:
14 calendar days annual training
14 calendar days instruction school, class or course
naval forces:
13 calendar days annual training
13 calendar days instruction school, class or course
air force:
16 calendar days annual training
16 calendar days instruction school, class or course
an additional grant of up to four calendar days for
additional obligatory training.
6.10 Special leave
(a) Staff will be
granted special leave for jury service.
(b) In accordance with
Human Resources Policy 8.14, Special Leave, staff may also be granted paid
special leave for certain activities which are not regarded as being on duty
and which are not covered by other forms of leave. Activities may include:
transfer
as a witness when called or subpoenaed by the Crown
emergency volunteers
emergency or weather conditions
trade union activities/training
ex-armed services personnel: Medical Review Board etc.
National Aborigines' Day
miscellaneous:
the employees own graduation ceremonies
returning officer
local government - holding official office
superannuation seminars
naturalisation
bone marrow donors
exchange awards - Rotary or Lions
professional or learned societies
6.11 Leave without pay
Staff may be granted a maximum of three years’ leave
without pay. Leave without pay is
calculated in calendar days.
6.12 Family and
community service leave
(a) Staff may be
granted family and community service leave for reasons related to unplanned and
emergency family responsibilities or other emergencies as outlined in subclause
(b). The RTA may also grant leave for
the purposes as outlined in subclause (c).
Non emergency appointments or duties shall be scheduled or performed
outside normal working hours or through approved use of other appropriate leave
of the staff member.
(b) Such unplanned
and emergency situations may include, but not be limited to, the following;
Compassionate grounds, such as the death or illness of
a close member of the family or a member of the staff member's household;
Emergency accommodation matters up to one day, such as
attendance at court as defendant in an eviction action, arranging
accommodation, or when required to remove furniture and effects;
Emergency or weather conditions; such as when flood,
fire, snow or disruption to utility services etc, threatens a staff member’s
property and/or prevents a staff member from reporting for duty;
Attending to emergency or unplanned or unforeseen
family responsibilities, such as attending a child's school for an emergency
reason or emergency cancellations by child care providers;
Attendance at court by a staff member to answer a
charge for a criminal offence, only if the Department Head considers the
granting of family and community service leave to be appropriate in a
particular case;
(c) Family and
Community Service Leave may also be granted for;
An absence during normal working hours to attend
meetings, conferences or to perform other duties, for staff members holding office
in Local Government, and whose duties necessitate absence during normal working
hours for these purposes, provided that the staff member does not hold a
position of Mayor of a Municipal Council, President of a Shire Council or
Chairperson of a County Council; and
Attendance as a competitor in major amateur sport
(other than Olympic or Commonwealth Games) for staff members who are selected
to represent Australia or the State.
(d) Family and
community service leave shall accrue as follows:
2½ days (19 hours) in the staff member’s first year of
service;
2 ½ days (19 hours) in the staff member’s second year
of service; and
One day (7.6 hours) per year thereafter.
(e) Family and
community service leave is available to part-time staff on a pro-rata basis,
based on the number of hours worked.
(f) Where family
and community service leave has been exhausted, additional paid family and
community service leave of up to 2 days may be granted on a discrete, ‘per
occasion’ basis to a staff member to cover the period necessary to arrange or
attend the funeral of a family member or relative.
(g) For the purposes
of this subclause, ‘family’ means a staff member’s:
spouse;
de facto spouse, being a person of the opposite sex who
lives in the same house as their husband or wife on a bona fide basis, although
they are not legally married;
child or adult child (including an adopted child, step
child, foster child or ex-nuptial child);
parent (including a foster parent or legal guardian);
grandparent or grandchild;
sibling (including the sibling of a spouse or defacto
spouse);
same sex partner who they live with as a defacto
partner on a bona fide domestic basis; or
relative 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 another; and
'household' means a family group living in the same
domestic dwelling.
(h) Subject to
approval, accrued sick leave may be accessed when family and community service
leave has been exhausted, to allow staff to provide short-term care or support
for a family member who is ill.
(i) Access to other
forms of leave is available to staff for reasons related to family
responsibilities or community service, subject to approval. These include:
Accrued recreation leave
Leave without pay
Time off in lieu of payment for overtime
Make up time.
(j) Depending on
the circumstances, an individual form of leave, or a combination of leave
options may be taken. It is the RTA’s
intention that each request for family and community service leave be
considered equitably and fairly.
(k) A staff member
appointed to the RTA who has had immediate previous employment in the NSW
Public Sector may transfer their family and community service leave accruals
from the previous employer.
7. Other Conditions
7.1 Deduction of
Union Membership Fees
(a) The ETU shall provide
the RTA with a schedule setting out union fortnightly membership fees payable
by members of the ETU in accordance with the ETU’s rules.
(b) The ETU shall
advise the RTA of any change to the amount of fortnightly membership fees made
under its rules. Any variation to the
schedule of union fortnightly membership fees payable shall be provided to the
RTA at least one month in advance of the variation taking effect.
(c) Subject to (a)
and (b) above, the RTA shall deduct union fortnightly membership fees from the
pay of any employee who is a member of the ETU in accordance with the ETU's
rules, provided that the employee has authorised the RTA to make such
deductions.
(d) Monies so
deducted from employees’ pay shall be forwarded regularly to the ETU together
with all necessary information to enable the ETU to reconcile and credit
subscriptions to employees' union membership accounts.
(e) Unless other
arrangements are agreed to by the RTA and the ETU, all union membership fees
shall be deducted on a fortnightly basis.
(f) Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
7.2 Grievance
resolution and dispute settlement
7.2.1 Grievance
resolution
(a) A grievance is
defined as a personal complaint or difficulty. A grievance may:
relate to a perceived denial of an entitlement
relate to a perceived lack of training opportunities
involve a suspected discrimination or harassment.
(b) The RTA has
grievance resolution policy, guidelines and procedures which should be observed
when grievances arise because of this Award.
(c) The policy, guidelines
and procedures are detailed in Appendix C.
(d) While the
policy, guidelines and procedures are being followed, normal work will
continue.
7.2.2 Dispute
settlement
(a) A dispute is
defined as a complaint or difficulty which affects more than one staff member.
A dispute may relate to a change in the working conditions of a group of staff
which is perceived to have negative implications for those staff.
(b) It is essential
that management and the ETU consult on all issues of mutual interest and concern,
not only those issues that are considered likely to result in a dispute.
(c) Failure to
consult on all issues of mutual interest and concern to management and the ETU
is contrary to the intention of these procedures.
1. If a dispute
arises in a particular work location which cannot be resolved between a staff
member or their representative and the supervising staff, the dispute must be
referred to the RTA's Manager of the Industrial Relations Section or another
nominated officer who will then arrange for the issue to be discussed with the
ETU.
2. If the issue
cannot be resolved at this level, the issue must be referred to senior
management.
3. If the issue
cannot be resolved at this level, the issue must be referred to the Industrial
Relations Commission of New South Wales.
4. While these
procedures are continuing, no work stoppage or any other form of work
limitation shall occur and the status quo existing prior to the dispute shall
remain.
5. The ETU
reserves the right to vary this procedure where a safety factor is involved.
7.2.3 Disputes relating
to OH&S
(a) The RTA and
Traffic Signals Staff are committed to the Occupational Health and Safety
Act 2000 and other relevant statutory requirements at all times.
(b) When OH&S
risk is identified or a genuine safety factor is the source of dispute:
1. Staff have a
duty to notify the RTA of the risk through their Occupational Health and Safety
Committee, and
2. To allow the
RTA a reasonable amount of time to respond.
3. The RTA has a duty
to address the issue identified, and
4. Report on the
issue within a reasonable timeframe
(c) The notification
of WorkCover without allowing the RTA a reasonable amount of time to respond to
the issue is a breach of the legislative provisions.
(d) The RTA respects
the right of staff to refuse to continue work owing to a genuine safety issue.
(e) The unions and
wages staff acknowledge that the creation of an industrial dispute over an
OH&S matter that is not legitimate is a breach under s.25 of the Occupational
Health and Safety Act.
7.3 Anti-Discrimination
(a) It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
(b) 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 the effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provisions of the award, which by its terms or operation, has a direct
or indirect discriminatory effect.
(c) 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.
(d) Nothing in this
clause is to be taken to effect:
1. Any conduct or
act which is specifically exempted from anti-discrimination legislation;
2. Offering or
providing junior rates of pay to persons under 21 years of age;
3. Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
4. A party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
(e) 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.
NOTES
(1) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(2) 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."
This award is made on the understanding that the
salaries and conditions existing for employees at the date on which this award
takes effect shall not be reduced merely as a consequence of the coming into
operation of this award.
7.4 No Extra Claims
The parties agree that during the term of this award up
until 30 June 2011, that there will be no extra claims, claims for improved
conditions of employment, or demands made in respect of the staff covered under
this Award, and further, that no proceedings, claims or demands concerning
wages or conditions of employment in respect of those staff will be instituted
before the Commission or any other arbitral tribunal.
However, this does not prevent the parties from
instigating any proceedings with respect to the interpretation, application or
enforcement of existing award provisions contained in this Award
7.5 Area Incidence
and Duration
This Award will be known as the Crown Employees (Roads
and Traffic Authority of NSW - Traffic Signals Staff) Award 2008.
This Award applies to Traffic Signals Staff employed
within the Traffic Signals classification set out in Part B, Monetary Rates by
the Roads and Traffic Authority of New South Wales, Division of the Government
Service of New South Wales, under Chapter 1A of the Public Sector Employment
and Management Act 2002 (NSW).
This Award will remain in force for a period of three
(3) years from 1 July 2008 and rescinds and replaces the Crown Employees (Roads
and Traffic Authority of New South Wales -Traffic Signals Staff) Award 2007
published 20 April 2007 (362 I.G. 588).
Part B
MONETARY RATES
Table 1
Salary Increases
|
Classification
|
|
4%
|
4%
|
4%
|
|
|
|
Operative
|
Operative
|
Operative
|
|
|
|
ffpp o/a
|
ffpp o/a
|
ffpp o/a
|
|
|
|
1/7/2008
|
1/7/2009
|
1/7/2010
|
|
|
|
$
|
$
|
$
|
|
Grade 4
|
|
|
|
|
|
|
Year 1
|
52,380
|
54,475
|
56,654
|
|
|
Year 2
|
54,435
|
56,612
|
58,876
|
|
|
Year 3
|
56,574
|
58,837
|
61,190
|
|
|
|
|
|
|
|
Grade 5
|
|
|
|
|
|
|
Year 1
|
58,520
|
60,861
|
63,295
|
|
|
Year 2
|
60,407
|
62,823
|
65,336
|
|
|
Year 3
|
61,499
|
63,959
|
66,517
|
|
|
|
|
|
|
|
Grade 6
|
|
|
|
|
|
|
Year 1
|
62,849
|
65,363
|
67,978
|
|
|
Year 2
|
64,755
|
67,345
|
70,039
|
|
|
Year 3
|
66,876
|
69,551
|
72,333
|
|
|
|
|
|
|
|
Grade 8
|
|
|
|
|
|
|
Year 1
|
75,074
|
78,077
|
81,200
|
|
|
Year 2
|
78,121
|
81,246
|
84,496
|
|
|
Year 3
|
80,562
|
83,784
|
87,135
|
|
|
|
|
|
|
Table 2
Allowances and
Expenses
|
Clause No.
|
Description
|
Operative ffpp o/a
|
|
|
|
1/7/2008
|
|
|
|
$
|
|
5.7.1
|
Meal on journeys that do not require
|
|
|
|
overnight accommodation
|
|
|
(a) & (c)
|
Meal allowance
|
25.85
|
|
5.7.2
|
Meals on overtime
|
|
|
|
Meal allowance
|
25.85
|
|
5.7.5
|
Lodging and travelling allowances
|
|
|
(a)
|
Breakfast
|
18.85
|
|
|
Lunch
|
21.55
|
|
|
Evening meal
|
37.15
|
|
|
Incidentals
|
15.90
|
Note: Allowances in this table are subject to change in
accordance with CPI increases as advised from time to time by the Department of
Premier and Cabinet.
Appendix A
Workplace reform
A1 Parties to the
award
The parties bound by the Award are the:
Roads and Traffic Authority of New South Wales; and
Electrical Trades Union of Australia, New South Wales
Branch.
A2 Enterprise
bargaining infrastructure
Implementation of continuous improvement will be based
on consultation. The following bodies will assist in facilitating a
consultative and participative approach.
A2.1 RTA's Single
Bargaining Unit (SBU)
A joint advisory group, to be called the Single
Bargaining Unit, consisting of nominated representatives from the ETU and RTA
management will meet regularly and continue to oversee the development,
negotiation and implementation of an agreed enterprise bargaining agenda to
ensure:
a consistent approach
an effective implementation process in order to achieve
the agreed outcomes within the allotted time frames
the achievement of sustainable and measurable
productivity improvements.
A2.2 Project teams
Project teams will be established, if required to oversee
the technical development and implementation of the RTA’s workplace reform
agenda items.
Project teams will be under the managerial control of
an RTA Project Manager and will include both RTA and ETU nominated staff
representatives.
The project teams will provide regular reports to, and
as requested by, the SBU and will refer any problems which cannot be resolved
at the project level to the SBU for determination.
A2.3 Staff task groups
Staff task groups will be established as required to
research and provide recommendations in line with the agreed terms of
reference.
A2.4 Regional
consultative groups
Regional consultative groups will continue in each
region of the Operations Directorate and will include both RTA nominees and ETU
nominated staff.
The groups' role will continue to promote positive
co-operation in overseeing the implementation of each of the RTA’s workplace
reform agenda areas within the directorates and to resolve any localised issues
including industrial problems that arise during the implementation process.
The groups will provide regular minutes/reports to, and
as requested by, the SBU and will refer any problems which cannot be resolved
at the directorate level to the SBU for determination.
A2.5 General principles
(a) The SBU, project
teams and regional consultative groups will circulate to these groups minutes
of their respective meetings.
(b) Staff assigned
to a project team, task group or regional consultative group will be released
from their normal duties, as required to carry out the responsibilities to
which they have been assigned. Should any problems arise related to such
release, they will be referred to the SBU.
(c) Regional
consultative groups will:
be chaired (to be shared) by the ETU and RTA staff
representatives
develop and implement a communication plan to ensure
that directorate staff are kept fully informed of the work of the group and the
ongoing implementation of the enterprise bargaining process across the
directorate.
(d) The SBU, project
teams and regional consultative groups will be able to second a staff member to
the respective body if such staff member has special expertise relevant to the
issue(s) being considered.
(e) Nominated
representatives and group members will have relevant training to assist them in
their roles.
(f) The SBU,
project teams, task groups and regional consultative groups will be
appropriately resourced in regard to clerical backup, time, provision of
information and other identified needs.
A3 Commercialisation
The ETU and staff agree to co-operate in the
implementation of a commercialisation focus as the basis for the RTA’s business
principles and practices to ensure the most efficient utilisation of resources,
by adopting the RTA’s business rules and by developing achievable performance
and productivity measurement targets.
A4 Process
improvement
The RTA, the ETU and staff are committed to ensuring
effective and efficient customer service and product delivery by analysing and
recommending changes in processes, systems or procedures which will result in
improvement in productivity and/or the elimination of duplication and waste.
The regional consultative groups will under the
direction of the SBU:
monitor the development and implementation of process improvement at the directorate and
regional level
provide appropriate updates, reports and
recommendations to the SBU.
A5 Competency based
training
The parties recognise the need for greater efficiency
and productivity improvements which require a greater commitment to training
and skill development. This commitment
includes:
acknowledgement of skills held
developing a more highly skilled and flexible workforce
providing staff with the opportunity to acquire additional
skills through appropriate training, thereby improving career opportunities
ensuring equality and fairness of access to training
for all Staff based on organisational need to increase flexibility and
productivity
removing barriers to the use of skills acquired, thus
providing greater flexibility and efficiency for the organisation and greater
variety and job satisfaction for Staff.
To ensure that staff meet the required agreed competencies
for their classification, RTA organised training programs will be conducted in
paid time and within ordinary working hours, where practicable.
A6 Performance
planning and feedback
The RTA will implement a performance planning and
feedback scheme that applies to all Staff and is:
implemented in consultation with the ETU that will link
performance in the work place with the goals of the RTA, its regions and work
units
supported by appropriate training
evaluated and monitored by the SBU.
This scheme recognises and reflects the increasing
importance of teams in the RTA and their contribution to service and quality.
The parties are committed to:
ensuring teams and staff understand the relationship or
interdependence of their role with other teams and staff
clearly defining expectations for each team and staff
member against the agreed goals of the RTA and productivity standards
ensuring each team and staff member clearly understands
the RTA’s objectives, their work unit's goals and how their role is integral to
the achievement of these objectives and goals
obtaining feedback from teams and Staff on the RTA's
work practices, management practices and possible innovations
encouraging teams and Staff to participate in their
work unit’s decision making process.
A7 Conditions of
employment
(a) The parties are committed
to the development and implementation of changes in conditions of employment
that are customer focused and are equitable in application. Any changes will be:
developed and implemented in consultation with the ETU
to link performance in the work place with the goals of the RTA
evaluated and monitored by the SBU.
(b) In making this
commitment, the parties accept, in principle, the need to:
review current work practices to ensure that they are
customer focused and maximise the effective and efficient use of resources
review and rationalise administrative procedures
reduce and update documentation
ensure, where possible, consistent working conditions
for all Staff
provide opportunities for all Staff to better manage
their working and personal lives
review current work patterns to investigate flexible
work arrangements which better meet Staff and customers’ needs.
A8 Work environment
(a) Occupational
health and safety
The RTA is committed to achieving and maintaining an accident
free and healthy workplace. This will be achieved by:
implementation of appropriate health and safety
practices and procedures
appropriate management policies and practices
the active and constructive involvement of all Staff;
and
management and staff member representatives
participation on safety committees.
The RTA and Staff will seek to comply with the Occupational
Health and Safety Act 2000 and other relevant statutory requirements at all
times.
The RTA will encourage Staff to take a constructive
role in promoting improvements in occupational health, safety and welfare to
assist the RTA in achieving a healthy and safe working environment.
(b) Equality of
employment
The RTA is committed to providing employment which
promotes the achievement of equality in employment as an effective management
strategy.
(c) Harassment free
workplace
Harassment on the grounds of sex, race, marital status,
physical or mental disability, sexual preference or age is unlawful in terms of
the Anti-Discrimination Act 1977.
The RTA is committed to ensuring that Staff work in an
environment free of harassment.
Staff are required to refrain from, or being a party
to, any form of harassment in the workplace.
For further details, refer to the RTA’s policy and guidelines
for an harassment free workplace as set out in the Human Resources Manual.
A9 Contractors'
protocol
Where work is to be carried out by contract, including
sub-contract, the RTA will:
abide by the provisions of the Industrial Relations
Management Guidelines, December 1999, as developed by the NSW Government’s
Construction Policy Steering Committee.
ensure that all tenders are properly scrutinised to
ensure that prospective tenderers would, if successful, be paying award rates,
providing award conditions and complying with other statutory provisions and
RTA specified standards including but not limited to the RTA's safe working
procedures, RTA's traffic control procedures and RTA's quality standards and
the provisions set out in A8, Work environment.
on being advised or otherwise becoming aware that a
contractor or sub-contractor is not paying award rates, providing award
conditions or complying with any other statutory provisions and RTA standards
including but not limited to RTA's safe working procedures, RTA's traffic
control procedures and RTA's quality standards, as set out in clause 1.9 Work environment, will take necessary action
to ensure that the situation is immediately rectified. Should the contractor or sub-contractor
continue to breach the provision then appropriate action including termination
of contract will, if appropriate, be implemented.
A10 Agreed procedures
for market testing and contracting out
Where work is presently carried out by RTA staff, the
parties agree that the Government's policy on Market Testing and Contracting
Out will be observed. If increased
efficiency through contracting out is to be considered, full consultation on
all aspects, including the contracting out process and the capacity of Staff to
perform the work to contractual specifications, will take place between the RTA
and the ETU before initiating any change to operations presently carried out by
RTA staff.
This is to ensure that all parties are informed of
plans and Staff can offer input, seek clarification of issues and be kept
abreast of major developments. (See
Appendix D for Principles, Definitions and Consultative Process).
A11 Spread of hours
The hours and patterns of work for Staff may be
reviewed during the life of this Award, if required, to better suit the needs
and operational requirements of the RTA’s traffic signals undertakings. Such
considerations may include:
Occupational Health and Safety issues;
quality of working life;
recognition of family responsibilities;
shift work patterns;
adequate remuneration for Staff who undertake shift
work;
rostering arrangements; and
programmed overtime.
A12 Consultation
The parties agree that in order to maximise the
benefits that can be obtained through the consultative process there is a need
for full and open consultation on all relevant issues affecting Staff and the
ETU.
The parties are committed to timely and effective
consultation which will provide Staff and the ETU with the opportunity for
input into such matters that impact upon them prior to their implementation.
A13 Communication
The parties agree to continue to implement initiatives
designed to ensure that there are structured communication processes between
the RTA’s corporate and other directorates, regional and frontline areas to
ensure timely and accurate upward and downward feedback.
A14 Austel licence
The parties agree to enter into negotiations concerning
Staff gaining the appropriate Austel Licence.
Appendix B
IMPLEMENTATION
B1 Rescinding of previous
awards
This award rescinds and replaces the Crown Employees
(Roads and Traffic Authority of New South Wales - Traffic Signals Staff) Award
2007
B2 Duration of the
award and operative dates for future salary increases
(a) This Award will
take effect from 1 July 2008 and will operate for a period of three years.
(b) Staff covered by
this Award will receive a 4% increase in base rates of pay payable from;
the first full pay period to commence on or after 1
July 2008
the first full pay period to commence on or after 1
July 2009
the first full pay period to commence on or after 1
July 2010
(c) The increases in
base rates will be paid in consideration of the acceptance of this Award. The new base rates are set out in the table
Salary Increases, of Part B Monetary Rates.
B3 Negotiating the
next award
The parties agree to begin negotiations for a new award
at least six months prior to the expiration of this Award
Appendix C
GRIEVANCE
RESOLUTION
C1 Policy
Purpose and intended outcomes
To make RTA staff aware of what constitutes a grievance
and the responsibilities of all staff in preventing and managing such matters
so that:
staff work in a collaborative and cooperative way;
workplace grievances are resolved in a timely manner;
and
the RTA maintains a safe and healthy work environment.
Note: This policy must be read in conjunction with the
Grievance Resolution Procedure PN 026P.
Policy
To support the Code of Conduct and Ethics all RTA staff
are to:
treat others in a professional, courteous, respectful
and fair way;
communicate with each other and management in an open
and honest manner;
raise their workplace grievances at an early stage and
aim to resolve them at the local level;
actively participate in the resolution of workplace
grievances;
treat grievance matters in a private, confidential, and
timely manner;
respect the right of others to raise grievances; and
not victimise or disadvantage any parties to a
grievance.
Coverage
This policy covers:
permanent staff;
temporary staff;
casual staff; and
skill hire and professional services contractors.
Scope
This policy may be used by:
staff to address workplace grievances with other staff;
and
managers to resolve workplace grievances between staff.
This policy does not cover:
OHS and workers compensation matters;
poor performance issues;
harassment, discrimination or workplace bullying
matters;
fraud and corruption, maladministration or serious and
substantial waste of resources; or
matters that require disciplinary action.
If a grievance is investigated and it is found that the
matter is related to work performance or disciplinary issues, the grievance
process is to terminate immediately. The RTA has other processes for managing
these issues eg. Management of Unsatisfactory Performance and Conduct Policy,
Harassment, Discrimination and Workplace Bullying Policy, Corruption and
Maladministration Prevention Policy and the Discipline Policy.
C2 Definitions and
Key Terms
Grievance
A grievance is a personal concern/problem about work or
the work environment that the staff member seeks hearing or resolution of, and
may be the result of a perceived or actual concern regarding:
allocation of work or development opportunities;
workplace communication difficulties, or interpersonal
dispute; and
changes in work processes/practices.
Detailed information on how to raise and resolve
grievances are contained in the Grievance Resolution Procedure.
Grievant
The staff member who raises a concern is referred to as
the Grievant. For each grievance there may be one or more Grievants.
Respondent
The staff member who is claimed to be the cause of the
grievance is referred to as the Respondent. There may be more than one Respondent
in a grievance matter.
Grievance Network Coordinator (GNC)
The GNC, Human Resources Branch administers the support
system for Grievance Contact Officers (GCOs).
The GNC is responsible for co-ordinating the
recruitment, selection and training of GCOs and arranging mediations. The
General Manager, Human Resources will approve GCO selections.
Applicants will require their manager’s approval to be
released to undertake GCO duties.
Grievance Contact Officer (GCO)
The GCO is recruited and supervised in GCO role by the
GNC, HR Branch. Their role is to assist both the grievant and respondent
generate options to resolve their grievance, direct the grievant or respondent
to appropriate RTA policies and procedures or other available services i.e.
Employee Assistance Scheme (EAP), the OHS Hotline or the Ethics Hotline.
The GCO will not:
take sides;
make judgements; or
act as an advocate or spokesperson for the Grievant of
Respondent.
A list of GCOs is available on the RTA Phone Guide and in
every issue of Human Resources Notices.
C3 Background
Interpreters
Where a staff member has difficulty in communicating
effectively in English, an interpreter may be used. Only accredited interpreters
are to be used in order to minimise risks to privacy and error. The HR Branch,
on advice from the GCO or the Grievant’s manager, will make the necessary
arrangements to engage an interpreter. The business unit where the grievance
has transpired will be responsible for any associated cost.
Confidentiality
All forms of information about a grievance are to be
restricted to those individuals who need to know the information in order to
resolve the grievance. Access to Grievance Files is highly restricted. Access
provisions can be located in Attachment B of Corporate Policy Statement No.26,
"Employees’ Personal Records Policy."
Documentation
When managers are dealing with a grievance locally they
are to take brief, factual diary/file notes that avoid personal opinions. These
notes are to be retained by the manager for one year.
Where a manager has attempted to resolve a grievance
unsuccessfully and the matter is escalated to the General Manager, detailed
documentation is required.
Records include:
names of parties to the grievance;
grievance details;
sufficient information to establish that a satisfactory
process took place;
the outcome and reasons for the decision; and
any recommendation for action.
This documentation is to be retained by local
management for one year.
If the grievance matter is referred for mediation
through the GNC, a Grievance File will be created. Grievance files are to be
retained for five years after settlement of the grievance. Grievance records
are to be kept confidential and on a separate Grievance File, not on Personal
or other RTA files. The RTA Document Management Section, Auburn, creates
Grievance Files.
If the grievance is referred to an external body for settlement,
the GNC must be notified and will create a Grievance File, which must be kept
for 5 years.
If the grievance sets a precedent and results in
significant change to RTA corporate procedure the file must be kept for ten
years. In such a case the General Manager, Human Resources must be contacted.
Vexatious Claims
A vexatious claim is a grievance reported without sufficient
grounds for action. Vexatious claims include but are not limited to those that
are:
malicious;
raised to annoy or harass the respondent;
lacking in substance; and/or
frivolous.
Where a complaint is found to be vexatious, malicious or
substantially frivolous and reported only to annoy or harass the Respondent,
the staff member reporting the original grievance may be dealt with under the
provisions of the RTA’s Harassment, Discrimination and Workplace Bullying
Policy or Discipline Policy.
Protection
Any staff member who is involved in a grievance in
accordance with the RTA grievance procedures, or is required to prepare a
report concerning another member of staff in relation to a grievance, is
protected against any action for defamation provided they:
do not intentionally make a vexatious, malicious or
substantially frivolous complaint;
raise the grievance in accordance with these
established procedures and confidentiality is maintained; and
do not publish or make information available to persons
who have no legitimate interest in receiving it.
Mediation
Mediation provides the opportunity for a trained, independent
person to assist in the resolution of the grievance. The mediation may result
in the parties agreeing to and signing an agreement or understanding. The
General Manager and/or Branch Manager must approve the engagement of an
external mediator. Mediators are to be engaged through the GNC, HR Branch who
manages the RTA Mediator Panel.
Appeal Right
Any Grievant who is dissatisfied with his or her
treatment in terms of the Grievance Resolution Policy procedures may appeal to
the Director or Chief Executive Officer for a re-examination of the matter.
This appeal right does not in any way diminish a Grievant’s right to seek the
assistance or support of his or her union or staff association in the matter.
Appeals must be lodged within 21 days from the date that the parties involved
in the grievance are advised of the outcome.
Employee Assistance Program
The Employee Assistance Program (EAP) is available to
assist all staff and their families. The service offers short term face-to-face
or telephone professional advice and counselling to help cope with personal,
family and work related issues.
C4 Responsibilities
|
Title
|
Responsibilities
|
|
|
|
|
Staff
|
Ensure their behaviour is aligned with the RTA Code of
Conduct and Ethics.
|
|
|
Report inappropriate behaviour in the workplace when
witness to it, or when
|
|
|
it is brought to their attention.
|
|
|
Participate in grievance resolution and maintain
confidentiality in the process
|
|
|
as and when required.
|
|
|
Not participate in the harassment or victimisation of any
party involved in a
|
|
|
grievance.
|
|
|
Not lodge vexatious, frivolous or malicious grievances.
|
|
|
|
|
Managers
|
Promote, explain and model the standards of behaviour
expected of staff
|
|
|
members as set out in the RTA Code of Conduct and Ethics.
|
|
|
Be familiar with and actively promote and support the RTA
Grievance
|
|
|
Resolution Policy, procedures and strategies.
|
|
|
Monitor the workplace for early identification and resolution
of grievances.
|
|
|
Chair grievance related meetings and make grievance
related decisions based
|
|
|
on fact.
|
|
|
Ensure confidentiality in the process except where there
is a serious breach of
|
|
|
an RTA policy or where there are grounds to believe there
may be harm or injury to
|
|
|
person or property in which case the matter must be
referred to an appropriate person.
|
|
|
Make appropriate arrangements to release a selected GCO to
carry out
|
|
|
his/her GCO duties.
|
|
|
|
|
Grievance
|
Advise their manager of the time involved in dealing with
a grievance and
|
|
Contact Officers
|
make reasonable arrangements to carry out their normal
duties.
|
|
|
Assist the Grievant or Respondent to identify the options
available to address
|
|
|
the grievance.
|
|
|
Direct the Grievant or Respondent to appropriate RTA
policies, procedures
|
|
|
or services (e.g. Ethics Hotline or EAP)
|
|
|
Refer the Grievant to an appropriate staff member
responsible for handling
|
|
|
grievances.
|
|
|
Complete a Grievance Resolution Report for each grievance
received and
|
|
|
forward to the GNC, HR Branch.
|
|
|
Notify GNC of any changes to their contact details and
work location.
|
|
|
|
|
Grievance
|
Recruit, select, train and supervise GCOs in their role as
a GCO.
|
|
Network
|
Coordinate the grievance resolution network and case
management system.
|
|
Coordinator
|
Ensure that the practices and processes applied and
decisions proposed in
|
|
|
individual workplace grievance cases are equitable and
conform to RTA policy,
|
|
|
legislation and industrial instruments.
|
|
|
Provide grievance resolution advice to line management.
|
|
|
Manage and report on administrative and contract matters
associated with
|
|
|
grievance resolution.
|
|
|
Facilitate Grievance Resolution workshops to ensure that
grievance
|
|
|
resolution is communicated and understood.
|
|
|
Manage and coordinate the RTA panel of mediators.
|
C5 Evaluation
This policy will be evaluated as appropriate, taking into
account changes to New South Wales and Commonwealth legislation, identification
of changing trends, and feedback provided to Human Resources Branch on its
effectiveness.
C6 Breaches
The RTA may take disciplinary action (including the
termination of services) against any staff member who breaches this policy and
the RTA Code of Conduct and Ethics.
C7 Additional
Information
Legislation
Anti-Discrimination Act 1977 (NSW)
Occupational Health and Safety Act 2000 (NSW)
Industrial Relations Act 1996 (NSW)
Privacy and Personal Information Protection Act 1998
(NSW)
Reference documents
Human Resources Manual, Grievance Resolution Procedure
Human Resources Manual, Code of Conduct and Ethics
Human Resources Manual, Harassment, Discrimination and
Workplace Bullying Policy
Human Resources Manual, Employee Assistance Program
Policy
Human Resources Manual, Corrupt Conduct and
Maladministration Prevention Policy
Corporate Policy Statement 26, Employees’ Personal
Records Policy
C8 Grievance Resolution
Procedures
(a) Any manager,
supervisor or Grievance Officer consulted by a grievant should:
listen and be sympathetic to any distress exhibited by
the grievant
be aware of their own limitations and the grievant's
insecurity and fears as to the possible repercussions of lodging a grievance
clarify the facts of the grievance
ensure the confidentiality and protection of all
parties involved
wherever possible, take into account the grievant's
wishes regarding the process of resolution
ensure the right of the respondent to be heard before
any decision is made
if resolution is not possible, conclude the grievance
by advising the grievant of the:
reasons
right of appeal
external options.
(b) In addition, if
you are:
acting as a Grievance Officer:
offer counsel and advice
refer the grievant to an appropriate functional
manager. Usually this is the grievant's immediate supervisor or manager unless
there is a good reason for the referral to be made to a more senior manager eg
the immediate supervisor/manager is absent or is the respondent
the supervisor or manager, take the appropriate steps
to investigate and resolve the grievance.
Appendix D
Market Testing and
Contracting Out
Principles,
Definitions and Consultative Process
Principles
Selection of an Area of Work to Market Test
The following principles underlie the selection of an area
of work for market testing:
(a) The area of work
should be capable of being defined precisely.
It should allow clear boundaries to be specified and relationships with
other areas of work to be defined.
(b) The area of work
should be capable of being expressed in terms of outcomes rather than the RTA
having to define how the work is to be done.
(c) The performance of
an in-house team or contractor completing the work should be capable of being
accurately measured so that cost and quality are able to be clearly determined.
(d) There should be
clear competition among bidders for the area of work.
(e) If the work is contracted
out, there should be clear opportunity to penalise or replace contractors for
poor or non-performance without causing significant interruption to RTA
business.
(f) There should be
a reasonable expectation that cost-effectiveness improvements are possible.
(g) The Market
Testing process need be applied only when the scope and nature of the project
is such that there would be "value for money" in doing this. That is, the financial and other costs of
running the process should be justifiable in terms of the expected financial
and non-financial benefits.
Conduct of Market Testing Projects
The following principles underlie the conduct of a market
testing project:
(a) Consultation
with staff and their representatives must be an integral part of the process
(see definition of consultation below).
(b) Market testing
of an area of work will not necessarily lead to contracting out of that
work. The decision to contract out an
area of work or retain it in-house must be based on a robust analysis of costs,
benefits and risks, both financial and non-financial. Issues to be considered include but are not limited to:
track record of performing work of that type and
quality of past work, including consideration of any examples of
non-performance in the past
reports from reference sites
past performance in management of sub-contractors
fitness and quality of the process proposed by the
bidder
financial stability of the firm
ability to meet statutory requirements, including occupational
health and safety requirements, and
calibre of the key people involved in delivery of the
work.
(c) Fair and
effective competition must be maintained among all bidders, including in-house
bid teams. Probity processes must be in
place to ensure no advantage is gained by one bidder over and others but care
must be taken to ensure that probity processes are not so onerous that they
disadvantage any bidders or place heavy costs on the process.
(d) The market
testing process used should facilitate innovation by bidders (including
in-house bidders) and support the pursuit of "best practice". This implies that internal bid teams should
be adequately resources and have access to the relevant expertise in
formulating their bids. (NB. The terms
"innovation" and "best practice" refer to the achievement
of technical and process improvement and not merely cost cutting.)
(e) Equity
objectives should be pursued in addition to efficiency and effectiveness
objectives. This means that equity in
dealing with the RTA’s clients and employees must be maintained or
enhanced. Equity in workplace
relationships extends to safety and EEO aspects, as well as consultation with
employees and their representatives.
Workplace equity also implies management should demonstrate appropriate
leadership and support or employees, especially those involved in internal bid
processes.
Management of an Area of Work After Market Testing
The following principles underlie the management of a work
area after market testing, irrespective of whether the work is contracted out
or retained in-house:
(a) The work area
should be managed on an "outcome" basis, allowing room for innovation
and continuous improvement in the way work is performed.
(b) A contract
and/or service level agreement(s) must be negotiated which allows cost and
quality indicators to be monitored and compared over time.
(c) Clear
accountabilities must be established and understood by all parties - the team
undertaking the work and the people responsible for managing the performance or
the work area on behalf of the RTA.
(d) Clear lines of
communication must be defined, including processes for remedying performance
discrepancies and resolution of disputes.
Definitions
(a) "Consultation"
means a process of sharing information and requiring input on key decisions
before they are taken and utilising that input in formulation of the decision
outcome. In a rational decision model,
it may include input to and/or feedback on:
the identification of decision alternatives
the identification of decision criteria; and
the outcome of evaluation of alternatives against the
criteria.
(b) In an
incremental decision model it may include preparation and dissemination of a
discussion document on a proposed change, gaining feedback on the proposal and
modifying the proposal where appropriate.
(c) Consultation
does no imply a right to veto decisions nor does it imply a right to access
confidential material of a commercial or personal nature. Where a need arises to provide access to
confidential information, a confidentiality control process will be
implemented.
(d) "Market
Testing" is a rational approach to deciding the best value-for-money
method(taking into account cost, benefit and risk) of delivery of an area of
work. It does not refer to
"contracting." Contracting is one possible outcome of a market
testing process.
(e) "Major
Works" are defined as works valued at $500,000 or greater unless approved
as a "Minor Works" by a Regional
Manager. Only major works are suitable
for market testing and usually only where it is an area of work that is already
performed within the RTA. The RTA may
proceed directly to a contract for minor works in circumstances where in-house
resources are unavailable and/or the RTA no longer performs work of that type.
Consultative Process
|
Step 1
|
(a) Local management required to identify projects to be
considered for Market Testing and
|
|
|
Contracting Out.
|
|
|
|
|
|
(b) Agreement to proposals sought from Director
|
|
|
|
|
|
(c) Opinions of other directors on proposed project sought
by relevant Director. director
|
|
|
Corporate Services initiates preliminary consultation with
relevant unions and notification to
|
|
|
SBU and Labour Council.
|
|
|
|
|
|
(d) Relevant unions advised by Director Corporate Services
and input sought. (Two weeks
|
|
|
to respond from date of advice).
|
|
|
|
|
|
(e) Responses considered by relevant Director and proposals
modified where appropriate.
|
|
|
|
|
Step 2
|
(a) Board advised of nominated projects by relevant
Director.
|
|
|
|
|
|
(b) Nominations considered by Board and which project
should proceed to market testing
|
|
|
determined.
|
|
|
|
|
|
(c) Relevant unions, SBU and Labour Council advised of
project approvals by Director
|
|
|
Corporate Services.
|
|
|
|
|
Step 3
|
(a) Project initiated by local management.
|
|
|
|
|
|
(b) Nominations called for and, in consultation with relevant
unions, in-house bid team
|
|
|
appointed by relevant Director.
|
|
|
|
|
|
(c) In-house bid team advised of targeted savings / areas
for improvement.
|
|
|
|
|
|
(d) Evaluation committee appointed by relevant Director.
|
|
|
|
|
|
(e) In-house bid team given time and resources (including
appointment of relevant
|
|
|
advisers) to identify and implement processes to achieve
target savings and improvements.
|
|
|
|
|
|
(f) Evaluation committee reviews improvements made by internal
bid team and
|
|
|
recommendation as to whether to proceed to full market
testing made to Director.
|
|
|
|
|
|
(g) If recommendation to proceed to market testing
approved, market testing team set up
|
|
|
by local management.
|
|
|
|
|
|
(h) Relevant probity processes established by local
management.
|
|
|
|
|
|
(i) If determined necessary (ie. to gauge size of market,
identify options, etc.) Expression
|
|
|
of Interest called.
|
|
|
|
|
|
(j) Expressions of interest evaluated and short list
prepared.
|
|
|
|
|
|
(k) Request for Proposal/tender documents prepared by
market testing team and reviewed.
|
|
|
Review team to include evaluation committee and
representation from relevant unions.
|
|
|
|
|
|
(l) RFP/tender documents modified where appropriate by
market testing team.
|
|
|
|
|
|
(m) Evaluation model prepared by market testing team and
reviewed. Review team to
|
|
|
include evaluation committee and representation from relevant
unions.
|
|
|
|
|
|
(n) Evaluation model modified where appropriate by market
testing team.
|
|
|
|
|
|
(o) RFP/tender documents issued.
|
|
|
|
|
Step 4
|
(a) Evaluation conducted by evaluation committee using
internal bid team improvements
|
|
|
as a "benchmark".
|
|
|
|
|
|
(b) Draft evaluation report disseminated to relevant
unions by relevant Director,
|
|
|
submission of comments requested with a minimum of two
weeks to respond from date of
|
|
|
dissemination of report.
|
|
|
|
|
Step 5
|
(a) Union submissions received and report finalised by
evaluation committee and
|
|
|
submitted to relevant Director.
|
|
|
|
|
|
(b) Approval of evaluation report recommendations sought
from Board by relevant
|
|
|
Director.
|
|
|
|
|
Step 6
|
(a) Relevant unions and bidders advised by Relevant
Director of decision of Board.
|
|
|
|
|
|
(b) Staff advised and in-house bid team debriefed by local
management.
|
Appendix E
GLOSSARY OF TERMS
Traffic Signals Group
(a) RTA Officer
(Traffic Signals) Grade 4
Initial appointment following completion of an
apprenticeship with the Department, or on appointment to the Department.
Duties: Assist a more senior Technician as required.
Essential: Possession of A1 grade electrical mechanic's
licence.
(b) RTA Officer
(Traffic Signals) Grade 5
The level at which a qualified and experienced trades
person is expected to perform. At this
grade, the technician would be capable of working independently, and taking
responsibility for the work of a gang.
Duties (typical):
In charge of a gang / crew engaged on any of the
following:
Routine maintenance
Emergency maintenance
Accident repair
Construction / Reconstruction
Miscellaneous activities.
Member of a team engaged in development, maintenance or
repair of traffic signal equipment.
Tasks might include:
Supervision and control of other employees
Assisting a trades person in a gang where more
than one trades person is deployed
Inspection checking and repair or replacement of
traffic signal equipment
Report writing
Servicing of printed circuit assemblies, relay circuits, etc (discrete components and
integrated circuits)
Diagnosis of equipment faults with appropriate remedial action.
Essential: Possession of 'A' grade electrical
mechanic's licence.
Desirable: Demonstrated knowledge of traffic control
equipment - Level 1
(c) RTA Officer
(Traffic Signals) Grade 6
A level of technician who is experienced and
technically proficient in all aspects of traffic control equipment. The technician would be expected to be
capable of working independently, dealing with complex equipment problems at a
level not normally expected of a grade 2 technician. Supervision of the work of other trades persons would be
required.
Duties:
In charge of a gang where the size of a gang or
complexity of work is such that appointment of a grade 2 technician is considered
inappropriate.
Engaged in traffic systems work.
Leader of a group of technicians engaged in
development, maintenance or repair of traffic signal equipment.
Typical tasks would include those listed of grade 2 level,
and where additional complexity exits.
Essential: Possession of 'A' grade electrical
mechanic's licence.
Desirable: Demonstrated knowledge of traffic control
equipment - Level II.
(d) Leading
Technician
This level of technician is expected to be responsible
for the repair, testing and preparation of traffic signal equipment and other
electric / electronic equipment, as well as provide leadership for a group of
traffic signal technicians engaged on such work.
Duties:
Provide technical advice an support to the Equipment
Service Manager.
Guide and co-ordinated the work of a group of traffic
signals technicians.
Monitor fault records of equipment to be repaired by
the group so as to assist in identification of fault patterns.
Repair, overhaul, modify and test microprocessor based
controllers and other complex electronic equipment.
Preparation and testing of controller personalities
against design plans.
Liaison with Divisional TEO's on adaptive engineering
matters.
Essential: Criteria will include possession of "A"
grade electrical mechanic's licence and qualified in electronics to post trade
level or higher.
Progression from 3rd year to thereafter is after three years
at the 3rd year level and subject to satisfactory staff reports and attendance
at prescribed seminars, workshops etc.
(e) Supervising
Technician
This level of technician is expected to provide
leadership to a group of trades and non-trades staff, in assisting line
management to fulfil specific objectives.
The supervising technician provides the link between management and
field staff, deputising for management where required. The supervising technician is expected to
maintain a high degree of technical knowledge and to impart skills as necessary
to other personnel, by formal or informal means. The supervising technician is accountable for the quality and
quantity of work performed. The Supervising Technician will provide expert
advice on the technical aspects of traffic control and advisory systems using advanced
electrical and electronic technologies, eg traffic control signals, variable
message signs, tidal flow systems, traffic monitoring units.
Duties (typical):
Supervise and direct the activities of traffic signal
construction, reconstruction or maintenance in a specified area.
Maintain knowledge of current technology and
development, maintenance and repair of traffic signal equipment.
Supervise the work of contractors as required.
Supervise and provide technical leadership to groups of
technicians engaged in development, maintenance or repair of traffic signal
equipment.
Acceptance testing and quality control duties.
Essential: Possession of 'A' grade electrical mechanic's
licence.
Desirable: Qualified at Level II for promotion. Post-trade or certification level
qualifications in areas relevant to the classification. Demonstrated knowledge of current technology
and diagnostic / repair techniques for
traffic control equipment.
Progression from 3rd year to thereafter is after three years
service at the 3rd year level and subject to satisfactory staff reports and
attendance at prescribed seminars, workshops, etc.
(f) General
Incremental progression to be subject to satisfactory
service.
Duties of particular positions to be determined within
the broad guidelines provided above and having regard to Job and Person
Specifications.
Knowledge of traffic control equipment to be
demonstrated by the satisfactory completion of an internal course of
instruction. Subject to further
discussion, it is envisaged that the following would be included:
Level I:
General controller and equipment operation, basic SCATS and
communication theory.
Level II
Advanced controller operation, detailed SCATS and communication theory.
All courses would include elements of traffic engineering
principles, safety practice and industrial relations.
Officers who have previously passed parts 1, 2 and 3
will be regarded as possessing a demonstrated knowledge of traffic control
equipment at Level II.
The requirement for a supervising technician to keep
up-to-date would be satisfied by attendance at seminars, workshops, etc, for
which supervising and grade 3 technicians would be eligible to nominate. Content would be determined having regard to
current technology and developments generally.
Electronic Equipment Group
(a) No person,
excepting one who has completed an apprenticeship involving training in
electronics, or has reasonable practical experience in electronics, including
electronics construction, maintenance and fault repair, and has completed or is
currently undertaking the Post-Trades Electronics Course (1039) or equivalent,
shall be appointed as an electronic equipment technician.
(b) Initial
appointment will be at the salary level of electronic equipment technician
grade c.
(c) Progression from
grade c to d shall be dependent upon:-
(i) the successful
completion of the Post-Trades Electronic Course (1039), or equivalent, and
(ii) 12 months
satisfactory service on the rate for electronic equipment technician grade c.
(d) A staff member
who is directed to lead other personnel in the Electronic Workshop shall be
paid the rate for electronic equipment technician grade.
M.
J. WALTON J
, Vice-President
____________________
Printed by
the authority of the Industrial Registrar.