Riverina Water Council Enterprise Award 2019
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Local Government and Shires Association of New South
Wales, Industrial Organisation of
Employers.
(Case No. 200774 of 2019)
|
Before Chief Commissioner Kite
|
4 July 2019
|
AWARD
Part A
Clause No. Subject
Matter
1. Title
2. Coverage
and Parties
3. Date and
Period of Operation
4. Objectives
5. Future
Negotiations
6. Enterprise
Agreements
7. Workplace
Arrangements and Consultative Process
8. Workplace
Change and Redundancy
9. Grievance
and Disputes Resolution Procedure
10. Terms of
Employment
11. Disciplinary
and Counselling Procedure
12. Part Time
Employment
13. Term
Contracts
14. Casual
Employees
15. Job Share
Employment
16. Appointments
and Grading
17. Alternative
Duties and Functions
18. Hours of
Work
19. Flexibility
for Work and Family Responsibilities
20. Shift Work
21. Payment
22. Salary
Sacrifice
23. Superannuation
Fund Contributions
24. Overtime
25. Pre-arranged
overtime
26. On Call
27. Call Back
28. Meal Time
and Allowances
29. Sick and
Carer's Leave
30. Annual
Leave
31. Long
Service Leave
32. Paid
Parental Leave
33. Supporting
Parent Leave
34. Family
Violence
35. Phased
Retirement
36. Union
Picnic Day
37. Award
Holidays
38. Jury
Service
39. Bereavement
Leave
40. Trade Union
Leave
41. Leave Without Pay
42. Travelling
Allowance
43. Certificates
and Licences
44. Private
Motor Vehicle - Allowances
45. Motor
Vehicle Arrangements
46. Engineering
Professionals
47. Training
48. Supply of
Residence By Employer
49. Living Away
Allowance
50. Wet Weather
51. Work Health
and Safety
52. Health and
Wellbeing
53. Tool
Allowance
54. Telephone
55. Expenses
56. Out
Sourcing
57. Classifications
and Rates of Pay
58. Superannuation
- Additional
59. Employee
Loyalty/Attendance Bonus
60. Safety
Bonus
61. No Extra
Claims
62. Breach of
Award
PART B
Appendix A - Anti-discrimination Clause
Appendix B - Rates of Pay
Appendix C - Allowances
Appendix D -
Leave
Part A
1. Title
This document, however so defined or described at law, shall
be known as the Riverina Water Council Enterprise Award 2019 (hereinafter
referred to as the "Award").
2. Coverage and
Parties
This Award shall apply to Riverina Water County Council,
(hereinafter referred to as "Riverina Water") at 91 Hammond Avenue,
Wagga Wagga, New South Wales, and its employees excepting the General Manager
and Senior Executive Staff.
Where the Riverina Water County Council Enterprise Award
2019 is silent the current Local Government (State) Award 2017 and its
successor shall prevail.
The parties to this Award are Riverina Water, the New South
Wales Local Government, United Services Union (USU); the Electrical Trades
Union of Australia, New South Wales Branch (ETU); and Local Government Engineers' Association of New South Wales (LGEA).
3. Date and Period of
Operation
This Award shall commence on and from 1 July 2019 and shall
remain in force up until 30 June 2022. This Award may be varied or rescinded:
(i) At
any time with the mutual consent of all parties to the Award;
(ii) At any time by
the Industrial Relations Commission of New South Wales if the Industrial
Relations Commission of New South Wales considers that it is not contrary to
the public interest to do so and that there is a substantial reason to do so;
(iii) At any time by
a court or tribunal in accordance with applicable employment law. This Award shall cease to have force and
effect on 30 June 2022. This Award shall
rescind and replace the Riverina Water County Council Award 2016, published 16
December 2016 (381 I.G. 110).
4. Objectives
The parties to the Award are committed to co-operating
positively to increase the productivity, structural efficiency and financial
sustainability of Local Government and to provide employees with access to more
fulfilling, varied and better-paid work by providing measures to, for instance:
• improve
skill levels and establish skill-related career paths;
• eliminate
impediments to multi-skilling;
• broaden
the range of tasks which a worker may be required to perform;
• achieve
greater flexibility in workplace practices;
• eliminate
discrimination;
• establish
rates of pay and conditions that are fair and equitable;
• work
reasonable hours;
• promote
job security;
• ensure
and facilitate flexibility for work and family responsibilities;
• ensure
the delivery of quality services to the community and continuous improvement;
• encourage
innovation;
• promote
cooperative and open change management processes; and
• promote
the health and safety of workers and other people in the workplace
Recognition of the contributions of all
employees to improvements in productivity, efficiency, and their participation
in the achievement of these objectives.
Provision of terms and conditions of
employment in conjunction with operational policies and procedures.
5. Future Negotiations
At least three months before the expiry of this Award the
parties are to commence negotiations for a replacement enterprise award.
6. Enterprise
Agreements
The parties to this Award recognise that enterprise
agreements and/or Council agreements may be entered into for alternative
provisions to those in this Award.
7. Workplace
Arrangements and Consultative Process
A. Aim
The parties to
the Award are committed to consultative and participative processes. There
shall be a consultative committee at Riverina Water which shall:
(i) Provide
a forum for consultation between council and its employees;
(ii) Positively co-operate in workplace reform
to enhance the efficiency and productivity of the council and to provide
employees with access to career opportunities and more fulfilling, varied and
better paid work.
(iii) The term ‘consultation’ is understood as a
process of seeking information, seeking advice, exchanging views and
information, and taking the views and information into consideration before
making a decision.
B. Size and Composition
(i) The size and
composition of the consultative committee shall be representative of council’s
workforce and agreed to by council and the local representatives from the
following unions: the New South Wales Local Government, Clerical,
Administrative, Energy, Airlines and Utilities Union; the Electrical Trades
Union of Australia, New South Wales Branch and Local Government Engineers' Association of New South Wales (LGEA)
and such agreement shall not be
unreasonably withheld.
(ii) The consultative committee shall include
but not be limited to employee representatives of each of the unions who have
members employed at council.
(iii) Officers of the union(s) or Local
Government NSW may attend and provide input to meetings of the consultative
committee, at the invitation of the consultative committee or their respective
members.
C. Scope of Consultative Committee
(i) The
functions of the consultative committee shall include:
(a) Award implementation
(b) training
(c) consultation
with regard to organisation restructure
(d) job redesign
(e) salary systems
(f) communication
and education mechanisms
(g) performance
management systems
(h) changes to
variable working hours arrangements for new or vacant positions
(i) local government reform
(ii) The consultative committee shall not
consider matters which are being or should be processed in accordance with
Award, Clause 11- Disciplinary and Counselling Procedure.
D. Meetings and Support Services
(i) The
consultative committee will make recommendations based upon consensus. Where
there is no consensus on a particular item, the recommendation to council
should note the dissenting views.
(ii) The consultative committee shall meet as
required.
8. Workplace Change
and Redundancy
(i) Employer’s Duty to
Notify a Proposed Change in Organisation Structure
(a) Where the employer proposes a change in
the organisation structure that is likely to have significant effects on
employees and/or result in a reduction in the size of the employer’s workforce,
the employer shall notify the employee(s) who may be affected by the proposed
change and the union(s) to which they belong, at least twenty-eight (28) days
before the change is implemented.
(ii) Council's
Duty to Notify
(a) Where
Council has made a decision to introduce major changes in production, program,
organisation structure or technology that are likely to have significant
effects on employees, the Council shall notify the employees who may be
affected by the proposed changes and the unions to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the Council's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the restructuring
of jobs.
Provided that where the Award makes provision for the
alteration of any of the matters referred to herein an alteration shall be
deemed not to have significant effect.
(iii) Council's duty to Discuss Change
(a) Council shall
discuss with the employee(s) affected and the union to which they belong, inter
alia, the introduction of the changes referred to in sub-clauses (i) (a) and (b) of this clause, what affects the changes are
likely to have on the employee(s) and measures to avert or mitigate the adverse
changes on the employee(s) and shall give prompt consideration to matters
raised by the employee(s) and/or their union in relation to the changes and may
reconsider its original decision.
(b) The discussion
shall commence as early as practicable after a decision has been made by the
Council to make the changes referred to in sub-clause (i)
(a) and (b) of this clause.
(c) For the
purposes of the discussion, the Council shall provide to the employee(s)
concerned and the union to which they belong, all relevant information about
the changes including the nature of the changes proposed, the expected effects
of the changes on the employee(s) and any other matters likely to affect the
employee(s).
(iv) Discussion Before
Termination
(a) Where
Council has made a decision that it no longer wishes the job the employee has
been doing done by anyone pursuant to subclause (i) (a) and (b) of this clause and that decision may lead to the
termination of employment, the council shall hold discussions with the employee
directly affected and with the union to which they belong.
(b) The discussion
shall take place as soon as it is practicable after the council has made a
decision which shall invoke the provision of paragraph (a) of this subclause
and shall cover, inter alia, any reasons for the proposed terminations,
measures to avoid or minimise the terminations and measures to mitigate any
adverse effects of the terminations of the employee(s) concerned.
(c) For the
purposes of the discussion, the Council shall, as soon as practicable, provide
to the employee(s) concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and category of employee(s) likely to be
effected and the number of employee(s) normally employed and the period over
which the terminations are likely to be carried out. Provided that the Council shall not be
required to disclose confidential information the disclosure of which would
adversely affect the Council.
(v) Notice to Centrelink
Where a decision has been made to terminate employees,
the Council shall notify Centrelink as soon as
possible giving relevant information including the number and categories of the
employees likely to be affected and the period over which the terminations are
intended to be carried out.
(vi) Notice
of Termination
(a) Four weeks’
notice to terminate or pay in lieu thereof shall be given except in cases where
the employee is 45 years of age or over with 5 years’ service, where 5 weeks’
notice shall be given.
(b) Where an
employee is to be terminated because of the introduction of technology the
employee shall be entitled to the following:
(1) Three
(3) months’ notice of termination; or
(2) Payment in lieu
of the notice in Sub Clause (1) above. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(3) The full notice
period in Sub Clause (1) above shall be deemed to be service with the Council
for the purposes of calculating leave entitlements under this award, regardless
of whether part payment in lieu thereof is provided.
(vii) Severance Pay
(a) This subclause
shall apply where an employee is terminated due to redundancy. A council shall
be exempt from the operation of this subclause where the employee concerned has
been offered, but has refused to accept, an alternative position within the
council's organisation structure of comparable skill and accountability levels
and remuneration no less than the position previously held by the employee.
(b) In addition to
any required period of notice, and subject to Sub Clause (vi)
of this clause, the employee shall be entitled to the following:
|
Completed Years of
Service with Council
|
Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks pay
|
|
2 years and less than 3 years
|
9 weeks pay
|
|
3 years and less than 4 years
|
13 weeks pay
|
|
4 years and less than 5 years
|
16 weeks pay
|
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5 years and less than 6 years
|
19 weeks pay
|
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6 years and less than 7 years
|
22 weeks pay
|
|
7 years and less than 8 years
|
25 weeks pay
|
|
8 years and less than 9 years
|
28 weeks pay
|
|
9 years and less than 10 years
|
31 weeks pay
|
|
10 years and less than 15 years
|
34 weeks pay
|
|
15 years and less than 20 years
|
38 weeks pay
|
|
20 years and thereafter
|
an additional two
weeks per annum to a maximum of 52 weeks
|
(viii) An employee who resigns during the period of
notice is entitled to the same redundancy payments provided in this clause as
if they have remained in the council's employment until the expiry of the notice period.
(ix) During a period of notice of termination
given by the council, an employee shall be allowed up to one day off without
loss of pay during each week of notice for the purpose of seeking other
employment. Where required by the Council the employee shall provide proof of
attendance at an interview.
(x) A redundant employee shall be entitled to
the payment of a job search allowance of up to $2,000 to meet expenses
associated with seeking other employment subject to proof of expenditure or on
production of an invoice, and/or other appropriate documentation. The
employee’s entitlement to claim the job search allowance is limited to a period
of up to 12 months from their termination of service with the council or until
the employee secures alternative employment, whichever is the sooner.
(xi) If the employee agrees to be redeployed by
council into a lower paid position, the employee's existing salary and
conditions shall be maintained for a period equivalent to the amount of notice
and redundancy pay that the employee would be entitled to under this Award.
Provided that should the employee resign during the period of salary
maintenance, as provided for by this subclause, the balance of any notice and
redundancy pay that the employee would have been entitled to for the remainder
of the period of salary maintenance shall be paid on termination.
(xii) The council shall, upon receipt of a request
from an employee to show employment has been terminated, provided to the
employee a written statement specifying the period of the employee's employment
and the classification or the type of work performed by the employee.
(xiii) The council shall, upon receipt of a request
from an employee whose employment has been terminated, provide to the employee
an "Employment Separation Certificate" in the form required by the
Department of Social Security.
(xiv) In the event that council determines that a
position is redundant, council where practicable, shall firstly offer such
redundancy on a voluntary basis.
(xv) Nothing in this Award shall be construed so
as to require the reduction or alternation of more advantageous benefits or
conditions which an employee may be entitled to under any existing redundancy
arrangement, taken as a whole, between the industry unions and the councils
bound by this award.
(xvi) Subject to an application by the Council and
further order of the Industrial Relations Commission on New South Wales (or
such other person or body agreed to by all parties to the Award), Council may
pay a lesser amount (or no amount) of severance pay than that contained in Sub
Clause (vii) above if the council obtains acceptable alternative employment for
an employee.
(xvii) Nothing in this clause shall restrict an
employee with twenty years’ service or more and council from agreeing to
further severance payments.
(xviii) No Forced Redundancy in Event of Amalgamation /
Boundary Change.
(a) This clause
shall apply in the event of a proposal by the Minister and/or decisions to
amalgamate, or otherwise merge, or change the boundary of Riverina Water County
Council with other councils and/or local government authorities.
(b) This clause
shall apply from the date of a proposal by the Minister for amalgamation or
boundary change and will continue until either the Minister declines to
recommend a proposal for amalgamation or boundary change or for a period of
three years following the transfer of employment of an employee to the new
council/local government authority, following a proclamation.
(c) An employee,
without the employee’s agreement, must not be terminated on the grounds of
redundancy under this clause. That is, the protection against forced redundancy
is to take effect from the date of any proposal for amalgamation or boundary
change being made by the Minister and will either end if the Minister declines
to recommend the proposal and no change is made, or will remain in force for a
period of three years following the transfer of an employee to a new council/ local
government authority, following a proclamation.
9. Grievance and
Disputes Resolution Procedure
(i) The dispute
resolution procedure will be used to deal with all disputes arising out of the
employer-employee relationship.
Step 1:
The grievance or dispute should firstly be discussed between the employee or
employees concerned and the relevant immediate area or unit supervisor.
Step
2: If the matter is still not settled,
the nature of the grievance or dispute and the remedy sought should be put in
writing and submitted to the relevant immediate area or unit supervisor who
shall arrange a conference with senior management and if requested, the
employee/s representative.
Steps 1
and 2 should be completed within five days.
Step 3:
If the matter is still not settled, a conference should be held if requested by
the employee/s, between an Official of their union and Riverina Water’s
appointed representative.
Step 3
should be arranged within five days.
Step
4: If the matter is still not resolved,
Riverina Water and the employee/s may refer the matter to an agreed mediator
for a mediation conference which should be attended by the employee and if
requested their union representative and a person with appropriate authority
from Riverina Water. The costs of the
mediation shall be borne by Riverina Water.
The
mediation conference is to not be held in a legalistic manner and shall be
approached by all to bring about an agreed solution; the mediator will not make
decisions or impose a solution on the parties unless requested to do so, in
writing, by both parties.
If a
settlement is reached, the terms of settlement shall be written down and signed
by both parties and the mediator before the mediation conference is terminated
and it should be binding on the parties and enforceable.
Either
party may terminate the mediation conference, in writing at any time.
Step 5:
If the matter is still not settled either party may apply to the Industrial
Relations Commission to enable the matter to be settled by conciliation/arbitration.
(ii) At the request of the employee/s, their
union and Riverina Water may agree in stating a case for the opinion of the
Commission on arising out of the employer-employee relationship. The parties will use this procedure to
resolve grievances and disputes.
(iii) While a dispute is being dealt with under
the dispute resolution procedure the status quo is to be maintained; that is
the situation that existed immediately prior to the issue that gave rise to the
dispute.
While a
dispute is being dealt with under the dispute resolution procedure work is to
continue as normal. The process will not
be accompanied by industrial action.
(iv) This procedure shall not prevent Riverina Water, or if the employee/s
request their union making direct representations to one another on any matter
giving rise to or likely to give rise to a dispute or grievance.
10. Terms of
Employment
(i) Probationary
Periods
Riverina Water, when offering employment may include a
probationary period of employment of up to three months (with scope for
extension of the probationary period up to a further three months) in the
letter of offer of employment. Where the period of probation is extended, the
employee shall be given the reasons in writing.
(ii) Termination of Employment
(a) Notice of
Termination
Riverina Water shall give to an employee and an
employee shall give to Riverina Water notice of termination of employment of
not less than four weeks. The period of notice may be reduced by mutual
agreement.
Except where the period of notice is reduced by mutual
agreement, payment or part payment in lieu of the notice shall be made by
Riverina Water if the full notice or part notice is not given. If the employee
fails to give notice or gives incomplete notice, Riverina Water shall withhold
payment in lieu of notice or part notice from any termination payment due to
the employee.
The period of notice shall not apply to dismissal for
conduct justifying instant dismissal, casual employees, or temporary employees
at the end of their period of temporary employment.
(b) Statement of
Employment
Riverina Water shall, on request from an employee
ceasing employment, give the employee a written statement specifying the period
of employment, the employee's classification and the type of work performed by
the employee.
(iii) Time off Work During
the Period of Notice
An employee working during notice of termination shall
be allowed at least one day off with pay to look for work. Time off shall be
convenient to the employee after consultation with Riverina Water. Further time off may be granted at Riverina
Water's discretion.
11. Disciplinary and
Counselling Procedure
A. Employee’s
Rights
Notwithstanding the procedures below, an employee
shall:
(i) Have
access to their personal files and may take notes and / or obtain copies of the
contents of the file.
(ii) Be entitled to
sight, note and / or respond to any information placed on their personal file
which may be regarded as adverse.
(iii) Be entitled to
make application to delete or amend any disciplinary or other record mentioned
on their personal file which the employee believes is incorrect, out-of-date, incomplete or misleading.
(iv) Be
entitled to request the presence of a union representative and / or the
involvement of their union at any stage.
(v) Be entitled to
make application for accrued leave for whole or part of any suspension during
the investigation process.
B. Employer’s
Rights and Obligations
Notwithstanding the procedures contained below, a
council shall:
(i) Be entitled to suspend an employee with
or without pay during the investigation process provided that:
(a) Suspension
without pay during an investigation shall be for a period of not more than two
weeks, except where the progress of the investigation is delayed due to the
unavailability of the employee and/or their representative in which case the
period of suspension without pay may be extended for a further period of up to
7 days or such greater period by agreement.
(b) If, after
investigation, the reasons for the suspension are found to be inappropriate,
the employee shall not suffer any loss of pay for the period under suspension.
(c) The suspension
shall not affect the employee's continuity of service for the purposes of
accruing leave entitlements.
(d) Council shall
not unreasonably refuse an application for paid leave under this provision.
(e) By agreement an
employee may be transferred to another position or place of work.
(ii) Properly
conduct and speedily conclude an investigation into the alleged unsatisfactory
work performance or conduct.
(iii) Be entitled to
take other disciplinary action before and / or during the procedures in cases
of misconduct or where the employee's performance warrants such action.
(iv) In
appropriate circumstances be entitled to terminate an employee's services in
accordance with Clause 10 (ii) - Termination of Employment
(v) Be entitled to
request the presence of a union representative at any stage.
C. Procedures
(i) Where
an employee's work performance or conduct is considered unsatisfactory, the
employee shall be informed in the first instance of the nature of the
unsatisfactory performance or conduct and of the required standard to be
achieved, by the employee's immediate supervisor or other appropriate officer
of council.
(ii) Unsatisfactory
work performance or conduct shall include, but not be limited to, neglect of
duties, breach of discipline, absenteeism and non-compliance with safety
standards. A written record shall be kept on the appropriate file of such
initial warning. The employee shall be entitled to sight and sign such written
record and add any notations regarding the contents of such record.
(iii) Where there is
re-occurrence of unsatisfactory work performance or conduct, the employee shall
be warned formally in writing by the appropriate officer of council and
counselled. Counselling should reinforce the standard of work or conduct
expected and, where the employee is failing to meet these required standards, a
suitable review period for monitoring the employee's performance; the severity
of the situation; and whether disciplinary action will follow should the
employee's work performance or conduct not improve. A written record shall be
kept of such formal warning and counselling. The employee shall be entitled to
sight and sign such written record and add any notations regarding the contents
of such record.
(iv) If
the employee's unsatisfactory work performance or conduct continues or resumes
following the formal warning and counselling, the employee shall be given a
final warning in writing giving notice of disciplinary action should the
unsatisfactory work performance or conduct not cease immediately.
(v) If the
employee's work performance or conduct does not improve after the final warning
further disciplinary action may be taken.
(vi) All
formal warnings shall be in writing.
(vii) Delegates shall
be provided reasonable time without loss of pay, to represent members in
disciplinary matters at the local level, provided prior approval is sought.
Such approval shall not be unreasonably withheld.
D. Penalties
After complying with the requirements above, council may:
(i) Demote
the employee to a lower paid position, provided that the employee shall not
suffer a reduction in the rate of pay for 2 weeks from the date of the
demotion.
(ii) Suspend an
employee without pay from work for a specified period of time.
(iii) Terminate the
employment of the employee.
12. Part Time
Employment
(i) A part-time
employee shall mean an employee who is engaged on the basis of a regular number
of hours which are less than the full-time ordinary hours in accordance with
Clause 18 - Hours of Work
of this Award.
(ii) Prior to commencing part-time work the
council and the employee shall agree upon the conditions under which the work
is to be performed including:
(a) The hours to be
worked by the employee, the days upon which they shall be worked and the
commencing times for the work.
(b) The nature of
the work to be performed.
(c) The rate of pay
as paid in accordance with this Award
(iii) The conditions may also stipulate the
period of part-time employment.
(iv) The conditions may be varied by consent.
(v) The conditions or any variation to them
must be in writing and retained by the council. A copy of the conditions and
any variations to them must be provided to the employee by the council.
(vi)
(a) Where it is
proposed to alter a full-time position to become a part-time position such
proposal shall be referred to the consultative committee for information.
(b) In such cases
council and the employee shall agree upon the conditions, if any, of return to
full-time work.
(vii) A part-time employee may work more than
their regular number of hours at their ordinary hourly rate by agreement. Where
an employee is required to work hours outside their agreed hours, the
provisions of Clause 24 - Overtime shall apply.
(viii) Part-time employees shall receive all
conditions prescribed by the Award on a pro-rata basis of the regular hours
worked. An adjustment to the accrued leave entitlements may be required at the
conclusion of each service year based on the proportion of actual hours worked.
(ix) Where a public holiday falls on a day where
a part-time employee would have regularly worked the employee shall be paid for
the hours normally worked on that day.
(x) A change to full-time employment from
part-time employment or to part-time employment from full-time employment shall
not constitute a break in the continuity of service. All accrued entitlements
shall be calculated in proportion to the hours worked in each employment
arrangement.
13. Term Contracts
(i) A council
may only employ a person on a term contract of employment in the following
situations:
(a) For the life of
a specific task or project that has a definable work activity, or
(b) To perform the
duties associated with an externally funded position where the length of the
employment depends on the length of the funding, or
(c) To
perform the duties associated with a vacant position until the vacant position
is filled on a permanent basis, provided that the duration is not longer than is reasonably necessary to undertake
recruitment for the vacant position, or
(d) To
temporarily replace an employee that is on approved leave, secondment, workers
compensation or acting in a different position, or
(e) To undertake
training and work as part of an apprenticeship, traineeship or student work
experience program in conjunction with an education institution, or
(f) To trial a new
work area, provided that the duration is not longer
than is reasonably necessary to trial the new work area, or
(g) To
perform the duties associated with a vacant position during the intervening
period between when a council has made a definite decision to introduce major
changes in production, program, organisation structure or technology that are
likely to have significant effects on the employment in the vacant position and
the date that the changes are implemented;
(h) To accommodate
time limitations imposed by law or sought by the employee (e.g. visa
restrictions).
(i) Not
to be paid less than the rate of pay set is the salary system for that
position.
(j) Such a term
contract position shall not be used to replace an existing position, except in
the instances identified in sub paragraphs (c), (d) and (g) above.
(k) Any position
that extends beyond 12 months shall be reviewed by the consultative committee.
14. Casual Employees
(i) A casual
employee shall mean an employee engaged on a day to day basis.
(ii) A casual employee shall
be paid the hourly rate for ordinary hours worked in accordance with Clause 18
- Hours of Work.
(iii) Casual employees who work on Saturday
and/or Sunday are entitled to penalty rates prescribed by Clause 24 - Overtime, Subclause (iii). The penalties are
calculated on the ordinary hourly rate.
(iv) Casual employees who work outside the relevant spread of hours identified at
Clause 18 - Hours of Work,
Subclause (i) are entitled to a shift penalty. The
penalty is calculated on the ordinary hourly rate.
(v) Subject to Clause 24(i)
and (ii), a casual employee will not be offered to work overtime in a position
held by a permanent employee of council, if such permanent employee is
available to work that overtime. Overtime shall be paid where a casual employee
works outside the ordinary hours for that position. In cases where there are no
ordinary hours for the position, overtime shall be paid for the hours worked in
excess of those prescribed in Clause 18 - Hours of Work.
(vi) In addition to the amounts prescribed by Subclause
(ii) of this clause, a twenty-five percent loading,
calculated on the ordinary hourly rate, shall be paid. This loading shall not
attract any penalty. This loading shall be paid in lieu of all leave and
severance pay, except for paid parental leave prescribed by the Award. Casual
loading is not payable on overtime.
(vii) Casual employees engaged on a regular and
systematic basis shall:
(a) Have access to
annual assessment under council's salary system.
(b) Have their
service as a casual counted as service for the purpose of calculating long
service leave where the service as a casual employee is continuous with their
appointment to a permanent position on council's structure. In calculating the
long service leave entitlement in such cases there shall be a deduction of the
long service leave accrued whilst the employee was employed as a casual.
(viii) A casual employee shall not replace an
employee of council on a permanent basis.
(ix) Carer’s entitlements shall be available for
casual employees as set out in Subclause (vi) of
Clause 29 - Sick and Carer's Leave, of this Award.
(x) Bereavement entitlements shall be
available for casual employees as set out in Subclause (ii) of Clause 39 - Bereavement
Leave, together as set out in
Clause 34 - Family Violence,
of this Award.
15. Job Share
Employment
(i) Job sharing
is a form of part-time employment where more than one employee shares all the
duties and responsibilities of one position.
(ii)
(a) Job sharing
shall be entered into by agreement between the council and the employees
concerned.
(b) Such agreement
shall be referred to the consultative committee for information.
(iii) Council and the job sharers shall agree on
the allocation of work between job sharers.
(iv)
(a) The ordinary
hours of work of the position shall be fixed in accordance with Clause 18 -
Hours of Work, of this Award.
(b) The job sharers
in conjunction with council shall agree on the hours to be worked. Such
agreement shall specify the regular number of ordinary hours to be worked by
each job sharer.
(v)
(a) In the absence
of a job sharer the remaining job sharer(s) may be required by council to
relieve the absent job sharer provided the remaining job sharer(s) are reasonably
available.
(b) In such cases
the relieving job sharer(s) shall be paid their ordinary rate of pay for the
time relieving.
(vi) A job sharer may work more than their regular number of hours at their
ordinary hourly rate by agreement. Where an employee is required to work hours
outside their agreed hours the provisions of Clause 24 - Overtime, shall apply.
(vii) Council must establish appropriate
communication mechanisms between the job sharers to facilitate the handing over
of tasks from one job sharer to another.
(a) Job sharers
shall have access to all provisions of this Award including training and
development.
(b) Job sharers
shall receive pro-rata pay and conditions in proportion to the ordinary hours
worked by each job sharer.
(c) An adjustment
to accrued leave entitlements may be required at the conclusion of each service
year based on the proportion of actual hours worked.
(d) A change to job
sharing from full-time or part-time employment or from job sharing to full-time
or part-time employment shall not constitute a break in the continuity of
service. All accrued entitlements shall be calculated in proportion to the
hours worked in each employment arrangement.
(viii) In the event of a job sharer vacating the
position council shall review the position and shall consider filling the
vacancy or offering the remaining job sharer(s) increased hours.
(ix) The terms of a job share arrangement or any
variation to it must be in writing. A copy of the arrangement and any variation
to it must be provided to the job sharer(s) by the council.
16. Appointments and
Grading
(i) Appointment
and, promotion shall be subject to:
(a) The employee's
satisfactory performance of duties and functions, and
(b) The employee
undertaking, employer endorsed training relative to the employee's duties and
functions whenever required.
(ii) Riverina Water shall maintain a job
evaluation system to determine the award classification rate of pay for each
position. The job evaluation system shall be used where the duties, functions,
responsibilities and skill requirements of a position are altered.
(iii) Promotion to a classification, a higher
grading, accelerated progression, shall be determined by Riverina Water having
regard for the duties, functions, responsibilities, skill requirements and work
value principles.
(iv) An employee who agrees to work in another position which is equal or
lower paid may be reclassified or regraded to that position. However, the
employee's ordinary rate of pay shall not be reduced for at least four weeks
after the commencement of lower paid work.
(v) Appointment to positions shall be on the
basis of appointing the most meritorious applicant having regard for the duties
and functions of the position and the abilities, qualifications and experience
of the applicants.
(vi) Where an internal applicant has applied for a new or vacant position and
their application is unsuccessful, the employee may:
(a) Request in
writing the reasons as to why they were not appointed; and
(b) Upon such
request council shall provide the reasons in writing.
17. Alternative Duties
and Functions
(i) Where
Riverina Water requires an employee to perform work duties and functions of, or
incidental nature to any classification for which the employee is competent.
(ii) Equal and Lower Paid Work
An employee required to perform work of equal or lower
payment shall not be paid less than the employee's usual ordinary rate of pay.
(iii) Higher Paid Work
Where an employee is required to perform work of a higher
graded position for a nominated period they shall be paid the appropriate rate
of pay for that position determined by the manager considering skills,
experience and competency in accordance with the salary system and shall not be
less than the competent level of the higher graded position. Filling a higher
grade position will be a requirement determined by a manager.
An employee shall not act in a higher position for more
than three months except in case of relieving an employee on leave or where
Riverina Water is experiencing difficulty in filling a vacancy
(iv) Higher Pay - Award Holidays
Where an award holiday or group of award holidays
occurs during a period when an employee is entitled to payment for higher paid
work, the higher payment shall also apply to the holiday or group of holidays.
(v) Higher Pay - Periods of Leave
An employee shall not be paid higher pay for periods of
leave unless the employee has acted in the position for at least three months.
(vi) Higher Paid Work - Periods of Training
The provisions of this clause shall not apply to
employees who perform the whole or part of higher paid work for the purpose of
training and the training is in concert with at least one other employee and
does not exceed three months in the aggregate.
(vii) Where a position has become vacant and is
occupied on a temporary basis for more than three months, it shall be
advertised.
18. Hours of Work
(i) Spread of Hours
Riverina Water and its employees agree that there are
three fundamental objectives to consider in determining how an employee's
working hours are to be structured under this award:
(a) the most efficient production and delivery of the service;
(b) the
most effective way of servicing the customer; and
(c) the
most effective way of meeting employees needs for satisfying work, personal
development, health and workplace safety.
The ordinary hours for employees shall be worked
between 6.00 am and 6.00 pm Monday and Friday inclusive and shall not exceed
twelve hours in any one day, exclusive of unpaid meal breaks. The spread of
ordinary hours may be altered by mutual agreement between Riverina Water and
employees.
(ii) Starting and
Finishing Times
The starting and finishing times within the spread of
hours provided by this clause shall be as determined by Riverina Water in
consultation with the employees concerned.
(iii) Ordinary Hours
of Work
(a) The
ordinary hours of work for employees engaged in positions with functions of
Administration, Professional Engineering, Engineering Assistant, Water Quality
Officer, Drafting or Finance, shall be thirty five per week arranged on a
weekly basis or the basis of seventy per fortnight, to be worked on nine
weekdays, in any two week cycle, or where Riverina Water and the unions, in
conjunction with the employees concerned, agree, the ordinary hours of work may
be worked to a total of one hundred and forty on nineteen weekdays in any four
week cycle.
An employee who requests to work a thirty five hour,
five day week to facilitate family or personal considerations may, with the
consent of Riverina Water, do so.
(b) The ordinary
hours of work for all other employees not covered in (a) above shall be thirty
eight per week arranged on a weekly basis or the basis of seventy six per
fortnight, to be worked on nine weekdays, in any two week cycle, or where
Riverina Water and the unions, in conjunction with the employees concerned,
agree, the ordinary hours of work may be worked to a total of one hundred and
fifty two on nineteen weekdays in any four week cycle.
An employee who requests to work a thirty eight hour,
five day week to facilitate family or personal considerations may, with the
consent of Riverina Water, do so.
(c) In cases where
an employee's rostered day off falls on an award holiday, the employee may take
the next scheduled working day as a rostered day off or the employee with the
consent of Riverina Water may defer the taking of the day to some other
mutually agreed day.
(d) Employees at
either Riverina Water's request or on their own request and with the approval
of Riverina Water, may defer and accumulate rostered days off to be taken at a
mutually agreed time provided that an employee shall not accumulate more than
five rostered days off at any one time.
(iv) Ordinary
Hours of Work - Shift Workers
Except as otherwise provided, the ordinary hours of
work for shift workers shall be in a roster cycle, the number of weeks in the
cycle multiplied by thirty five or thirty eight as appropriate for the employee
concerned.
(v) Alternative Arrangements
Alternative arrangements to those in this clause may be
entered into by mutual agreement between an employee or group of employees and
Riverina Water.
(vi) Disturbance
(i) Staff
may be contacted outside of normal work hours to assist with or co-ordinate a
response to an emergency and/or breakdown without being required to attend the
emergency and/or breakdown. Staff may be contacted to put into place emergency
arrangements by contacting other staff to attend an incident or providing
advice in response to an emergency situation.
Staff are entitled to claim time in lieu for
disturbance on their timesheets, they will accrue the time.
(ii) An employee
remotely responding will be required to maintain and provide to Riverina Water
a time sheet of the length of time taken in dealing with each matter remotely
for each day commencing from the first remote response. The total TIL entitlement to an employee for
all time remotely responding in any day commencing from the first response will
be rounded up to the nearest 15 minutes
19. Flexibility for
Work and Family Responsibilities
(i) In
recognition of the commitment to provide flexibility for work and family
responsibilities and the need to retain skills and experience within the
industry, employers are encouraged to develop and promote flexible work and
leave arrangements to enable their employees to better manage their work and
family responsibilities.
Right to request changes in working conditions
(ii) An employee may
request a change in working arrangements if:
(a) The employee is
the parent, or has responsibility for the care, of a child who is of school age
or younger;
(b) The employee is
a carer (within the meaning of the Carer Recognition Act 2010);
(c) The employee
has a disability;
(d) The employee is
55 or older;
(e) The employee is
experiencing violence from a member of the employee’s immediate family;
(f) Such other
circumstances where an employee can demonstrate a genuine need for flexible
work and leave arrangements to attend to work and family responsibilities.
(iii) The employee is
not entitled to make the request unless:
(a) For an employee
other than a casual employee- the employee has completed at least 12 months of
continuous service with the employer immediately before making the request.
Formal requirements
(iv) The
request must:
(a) be in writing: and
(b) set out the details of the change sought and of the reasons
for the change
Considering the request
(v) The employer
must give the employee a written response to the request within 21 days,
stating whether the employer grants or refuses the request.
(vi) The
employer may refuse the request only on reasonable business grounds. Business
grounds will include but not be limited to:
(a) that the new working arrangements requested by the employee
would be too costly for the employer;
(b) that there is no capacity to change the working arrangements
of other employees to accommodate the new working arrangements requested by the
employee;
(c) that it would be impractical to change the working
arrangement of other employees, or recruit new employees, to accommodate the
new working arrangements requested by the employee
(d) that the new working arrangements requested by the employee
would be likely to result in a significant loss in efficiency or productivity;
and
(e) that the new working arrangements requested by the employee
would be likely to have significant negative impact on customer service
(vii) If the employer
refuses the request, the written response must detail the reasons for the
refusal.
(viii) Flexible work
and leave arrangements include but are not limited to:
(a) make up time;
(b) flexi time;
(c) time in lieu;
(d) leave without pay;
(e) annual leave;
(f) part-time work;
(g) job share arrangements;
(h) variations to ordinary hours and rosters;
(i) purchased additional annual leave arrangements;
(j) working from home arrangements; and
(k) arrangements to accommodate breastfeeding women.
(ix) The terms of
agreed changes to working arrangements, including flexible work and leave
arrangements shall be in writing and may be varied from time to time, by
agreement, to suit the specific needs of either party.
20. Shift Work
Shift Worker Definition
A shift work is an employee who works on a roster, who over
the roster cycle, works outside the normal spread of hours referred to in
Clause 18(i).
Shift Work
For the purpose of this clause, shift work means any work
which is to be performed in accordance with a shift work roster arranged in the
following ways.
Day Shift - any shift that starts after
6.00am and finishes before 4pm.
Afternoon Shift - any shift finishing after 4pm but no later
than midnight
Night Shift - any shift finishing before but no later than 6
am
12 hour Shift - any rostered shift with a
12 hour duration
Other than Day Shift each of the above shifts will attract a
30% shift allowance.
Consultation will occur on any proposed change to the shift
roster or proposed increase in staff on a shift roster ahead of any decisions
made in a view of reaching agreement.
(i) Work
within the basic 76 hours in each fortnight shall be paid at ordinary rates,
with the following additional payments:
(a) Additional full
time payment for work performed on Saturdays, Sundays.
(b) Additional full
time payment times two (2) for work performed on an Award Holiday
(ii) Where an Award
holiday or part of it is worked, or coincides with a shift day off, the holiday
shall be paid as an additional day at ordinary time.
(iii) Annual Leave
taken during shift rosters will be paid at ordinary time hourly rate.
(iv) Sick,
Careers and Bereavement leave taken during shift rosters will be paid at
ordinary time hourly rate, plus additional payment and shift allowance if
applicable.
(v) Additional
(replacement) shifts worked due to Sick, Careers and Bereavement leave will be
paid at two (2) times ordinary rate (Extended leave for Sick, Careers and
Bereavement leave greater than 2 shifts will need to be reviewed on a case by
case basis).
(vi) A
shift worker whose shift or shifts are changed within a roster shall be paid at
two (2) times ordinary rate for the first changed shift. This provision does
not apply where seven (7) days’ notice of change is given.
(vii) If an additional
fifteen (15) minute shift change-over occurs it shall be paid at double
ordinary hourly rate of pay to the employee working the additional 15 minutes.
This clause shall apply to the changeover between 12 hour shifts; otherwise the
changeover period may be catered for during other shift arrangements by
commencing the following shift earlier (and finishing earlier). A 15 minute changeover shall occur, if shifts
do not overlap by at least 15 minutes.
(viii) With the
agreement of their supervisor, occasional exchanging of daily shifts between
employees covered by this clause (to meet family commitments, for example) is
allowed.
(ix) Shift Plant
Operators may be required to perform on-call duties, as part of the duties it
may be required that the operator monitors the system on a regular basis. The
on-call operator is also required to respond to any scada
alarms received. The on-call operator will be paid according to the on-call
clause contained in this agreement.
(x) An employee/s
working a 24 hour shift shall continue to be paid phone and electricity
allowance.
(xi) When shift work
is required, it will be organised on the basis of two 7.6 hour shifts or two
twelve (12) hour shifts per day. 7.6 hour shifts will be on a 14 day roster of
seventy six (76) hours. Twelve (12) hour shifts will be on a twenty eight (28)
day roster of one hundred and fifty six (156) hours (including four (4) hours
overtime paid at double time).
21. Payment
(i) Pay
Cycle: Employees shall be paid fortnightly or in any other cycle by mutual
agreement.
(ii) Direct Crediting
of Pay: Payment shall be by direct crediting of an employee's nominated bank,
building society or credit union account. Employees' pay shall be credited in
nominated accounts no later than the close of business on every second Thursday
occurring in the fortnightly pay cycle.
(iii) Deductions:
Riverina Water shall deduct out of an employee's pay such amounts as the
employee requests, in writing, in respect of contributions or payments for
purposes approved by Riverina Water.
22. Salary Sacrifice
(i) Council
and an employee may agree to sacrifice a portion of the pre-tax ordinary pay as
prescribed by the award to the value of the benefits as identified in subclause
(ii) of this clause. Such agreement shall not unreasonably be withheld.
(ii) Benefits
that may be salary sacrificed are:
Motor vehicles, supplied by council under a leaseback
arrangement
Superannuation.
(iii) The value of
the benefits shall be agreed between the council and employee and shall include
fringe benefits tax where applicable. The amount that may be salary sacrificed
in cases where council supplies vehicles under a leaseback arrangement is the
amount the leaseback rate is in excess of the employee's contribution from
after tax salary necessary to negate the fringe benefit liability.
(iv) The
benefits to be salary sacrificed and their value shall be in writing and signed
by both council and the employee.
(v) Except as
otherwise agreed, the employee may request in writing to change the benefits to
be salary sacrificed once per year and the council shall not unreasonably
refuse the request.
(vi) An
amount equal to the difference between the employee's ordinary pay as
prescribed by the award and the value of the benefits received by the employee
shall be paid by the council to the employee.
(vii) The employee is
responsible for seeking appropriate financial advice when entering into any
arrangement under this clause.
(viii) The council will
ensure that the salary sacrifice arrangement complies with taxation and other
relevant laws. The council has the right to vary and/or withdraw from offering
salary sacrifice to employee's with appropriate notice if there is any
alteration to relevant legislation that is detrimental to salary sacrifice
arrangements.
(ix) The value of the
benefits shall be treated as an approved benefit for superannuation purposes
and shall not reduce the employee's superable salary.
(x) Nothing in this
clause shall affect the right of an employer to maintain or enter into more
beneficial arrangements with respect to salary sacrifice for employees.
23. Superannuation
Fund Contributions
Subject to the provisions of the Industrial Relations Act 1996, a council shall make superannuation
contributions to the Local Government Superannuation Scheme and not to any
other superannuation fund.
24. Overtime
(i) Requirement to
Work Reasonable Overtime
(a) Subject to
paragraph (b) below, it shall be a condition of employment that employees will
be available to work reasonable overtime at overtime rates to meet the needs of
Riverina Water.
(b) An
employee may refuse to work overtime in circumstances where the working of such
overtime would result in the employee working hours which are unreasonable.
(c) For the
purposes of paragraph (b) above, what is unreasonable or otherwise will be
determined having regard to:
• Any
risk to the employee;
• The
employee’s personal circumstances including any family and carer
responsibilities;
• The
needs of the workplace;
• The notice, if any, given by the
employer of the overtime and by the employee of their intention to refuse it;
and
• Any
other matter.
(ii) Sixteen
Hour working Period
(a) An employee
shall not be permitted to work more that sixteen (16) hours in any twenty four
(24) hour period.
(b) The twenty four
(24) hour period shall be calculated from the commencement time of the sixteen
(16) hours worked.
(iii) Payment
for Working Overtime
An employee directed to perform work in excess of the
usual ordinary working hours or outside the usual working hours, shall be paid
as follows for overtime worked, Monday to Friday, Saturday and Sunday, at
double ordinary time rate of pay until the employee is released from work.
(iv) Payment
for Work on a Holiday
An employee who works on award holiday shall be paid as
follows:
(a) For any time
worked between the usual commencing and usual ceasing time, at double ordinary
time rate of pay in addition to the employee's ordinary pay for the day.
(b) For any time
worked before or after the usual ordinary hours of work, at double ordinary
time rate of pay plus one half the ordinary time rate of pay until the employee
is released from work.
(v) Time off In
Lieu Of Payment
(a) An employee may
elect, with the consent of Riverina Water, to take time off, in ordinary time,
in lieu of payment for overtime at a time or times mutually agreed. Time off in
lieu shall be on the basis of one hour off for each hour of overtime worked and
shall be taken at a mutually agreed time.
(b) Riverina Water
shall, if requested by an employee, provide payment, at the relevant overtime
rate for any overtime worked which was to be taken as time off in lieu and
which has not been taken within four weeks of accrual.
(vi) Standing
By
An employee directed to stand-by to work overtime shall
be paid at ordinary time rate of pay from the time of commencement of the
stand-by until released from the stand-by or until they commences working
overtime.
(vii) Transport of
Employees
When an employee, after having worked overtime finishes
work at a time when reasonable means of transport are not available, Riverina
Water shall provide the employee with transport to the employee's home or pay
the employee at the ordinary time rate of payment for reasonable time to travel
home.
(viii) Rest Period After Overtime
(a) When overtime
work is necessary it shall, wherever reasonably practicable, be arranged that
employees have at least ten consecutive hours off duty between the work of successive days.
(b) The
rest period after Overtime shall be as per the rest period after Call Out (see
Clause 26(vi))
(c) The above rest
period provisions in (b) above shall not apply where an employee has worked
planned overtime for a period less than two hours immediately before normal
working hours.
(d) Where an
employee is entitled to a rest period and the rest period coincides with an
award holiday or a rostered day off, the employee shall be entitled to defer
starting work by time equivalent on the next ordinary day.
25. Pre-Arranged
Overtime
An employee required to undertake pre-arranged overtime will
be paid at the appropriate overtime rate with a minimum of 2 hours at double
time.
26. On
Call
(i) An
employee is on call if Riverina Water requires the employee to be available,
outside the employee's usual ordinary hours, for emergency and/or breakdown
work.
(ii) An on call
employee must be able to be contacted and respond to a call out within a
reasonable time.
(iii) An employee on
call shall be paid an on call allowance at the rate set in of this award. The total amount of on call allowance in any
one week shall not exceed the amount set in Table 1, Appendix C - Allowances of this
award.
(iv) On
call work performed outside the usual hours of work shall be paid double the
ordinary time rate of pay for the hours worked and from the time the employee
responds to the call out. The minimum duration of a call out is deemed to be
two hours if they are required to leave their residence to respond to the
callout. Where the person does not have
to leave their residence then a one hour minimum shall apply.
(v) For each award
holiday which an employee is on call, the employee shall be granted one day to
be taken at a mutually agreed time.
(vi) Rest period after call-out.
An employee who works during the eight (8) hours
immediately preceding the employee's usual commencing time shall be entitled to
defer the usual commencing time or revise their finishing time, without loss of
pay by a period equal to one and a half (1.5) times the actual time worked
within those hours.
27. Call Back
(i) An
employee shall be on call back if recalled to work overtime without having
received notice before ceasing work.
(ii) An employee
working on call back shall be paid a minimum of four hours at the appropriate
overtime rate. Any subsequent call
backs occurring within a four-hour period of a call back shall not attract any
additional payments. The minimum of four hours does not apply where the call
back is continuous with an employee's usual hours of work, except as provided
for in subclause (iv) (a) below. The overtime rate for
call backs commences from the time the employee leaves to attend the call back.
(iii) Rest Period
after Call Back
An employee who works during the eight (8) hours
immediately preceding the employee's usual commencing time shall be entitled to
defer the usual commencing time or revise their finishing time, without loss of
pay by a period equal to one and a half (1.5) times the actual time worked
within those hours.
(iv) Call Backs running into normal working hours
(a) Where
a Call Back runs into normal working hours, a minimum of 4 hours will be paid
at the appropriate overtime rate.
(b) After working
to the revised finishing time (see Clause 26(vi)) the employee may finish work
for the day, or, if deemed fit, may continue until normal finish time. Time
worked beyond the revised finish time will be paid at appropriate overtime
rates.
28. Meal Time and
Allowances
(i) Meal
Breaks
(a) An employee
shall not, at any time, be compelled to work for more than five hours without a
break for a meal.
(b) Employees shall
be allowed meal breaks without pay as well as a paid morning break of 10
minutes on each ordinary working day.
(ii) Meal Times -
Shift Workers
Shift workers shall be allowed in each ordinary working
shift, a meal crib time of twenty minutes, which shall be treated as part of
the shift and paid for accordingly. This crib break shall only apply to the
duty operator.
(iii) Meal Times
The times fixed for the taking of meal breaks during
ordinary working day or ordinary rostered shifts may vary for groups of
employees and/or individual employees, as may be necessary or appropriate for
the conduct of Riverina Water's business.
(iv) Working
in Usual Break
An employee's usual time for the taking of a meal break
may, by mutual agreement between Riverina Water and the employee, be varied
temporarily or shortened in special circumstances rather than on a regular
basis.
(v) Overtime Meal
Breaks
(a) An employee
required to work overtime for two hours or more prior to the usual starting
time or after the usual finishing time, shall be paid a meal allowance at the
rate set in Appendix C - Allowances of this award. The allowance shall also be
paid after each further four hours of overtime worked until released.
(b) A paid overtime
meal break shall be allowed after the first two hours of overtime and after
each subsequent four hours of overtime. Paid overtime meal breaks shall not
exceed twenty minutes and are time worked for the purpose of calculating
overtime.
(vi) Shift
Work Overtime
Meal breaks during periods of overtime and the payment
of meal allowances shall apply to shift workers required to work overtime
outside the hours of their ordinary rostered shift, except where, by an
approved arrangement made between employees or at their request, excess time is
incurred in changed shifts or in their ordinary rostered shifts.
(vii) On-Call Included
Meal breaks and meal allowances shall apply to
employees engaged in on-call emergency and/or breakdown work.
29. Sick and Carer's Leave
(i) Sick
Leave Entitlement
An employee who is unable to attend work on account of
personal illness or accident, not being due to serious misconduct or on account
of injury by accident arising out of and in the course of employment, shall be
entitled to sick leave without deduction of pay during each year of service
subject to the following conditions and limitations -
(a) Each employee's
sick leave entitlement shall be as follows: During the first year of service,
fifteen days. In each of the second, third, fourth and fifth years of service
fifteen days and in each subsequent year of service, eighteen days - Appendix D
- Leave, of this award.
(b) The employee
shall be required to produce evidence satisfactory to Riverina Water that such
absence was due to personal illness or accident, not being injury arising out
of and in the course of the employee's employment nor arising from other
employment, sufficient to prevent the performance of normal duties. Proof of
illness or injury by accident and inability to attend for work may be required
after two days absence or after three separate periods in each year of service.
(c) An employee
shall as soon as practicable notify Riverina Water, of the employee's inability
to attend on account of illness or injury and advise Riverina Water of the
estimated duration of absence.
(d) An employee
with at least ten years service with Riverina Water
may at the discretion of the employer be granted additional sick leave where an
illness or injury results in the employee exhausting their accumulated sick
leave.
(e) An employee
who, at the commencement of this award, had accumulated sick leave transferred
from another employer shall retain that entitlement for use when sick or
injured.
(ii) Avoidance of
Duplicate Benefits
An employee, who has been granted paid sick leave and
who in respect of the period of leave receives
compensation under any Act or law shall reimburse Riverina Water from that
compensation, amounts paid for the leave.
(iii) Accumulation of
Leave
Untaken sick leave shall accumulate from year to year
and be available in subsequent years of employment.
(iv) Employees
who are ill for a minimum of 5 consecutive working days whilst on Annual Leave
or Long Service Leave may apply to the General Manager to have the leave
re-credited. The employee must provide a doctors certificate and be able to
demonstrate that as a consequence of the illness or injury their leave was
disrupted.
(v) Accumulated
Sick Leave - Termination of Employment
Employees who had credits of untaken sick leave under
previous awards or agreements at 15 February, 1993, shall on termination of
employment, if those credits still stand, be paid their current ordinary time
rate of pay for those credits in accordance with the provision which existed
under the previous award or agreement.
(vi) Personal Carer's Leave
(a) An employee,
with responsibilities in relation to a class of person set out in Sub Clause
(vi) (e) below who need their care and support, shall be entitled to access
their accumulated sick leave for personal carer's leave to provide care and
support to those persons when they are ill and no other carer is available or
until alternative arrangements are able to be made.
(b) An employee who
accesses personal carer's leave shall, where Riverina Water requires, provide a
medical certificate or statutory declaration as evidence of illness of the
person who required care. The employee shall also, where practicable, give
Riverina Water prior notice of the taking of personal carer's leave. Where
prior notice has not been given, the employee shall notify Riverina Water by
phone at the first opportunity on the day of the absence.
(c) In normal
circumstances, an employee shall not take personal carer's leave where another
person is providing the immediate family or household member with care.
(d) Personal
carer's leave may be taken for part of a single day.
(e) The
entitlement to use sick leave in accordance with this clause is subject to:
(1) The employee
being responsible for the care and support of the person concerned: and,
(2) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person and as defined by the Family Law Act 1975; or
(c) a child or an adult child (including an adopted child, a
step child, a foster child or an ex-nuptial child), parent (including a foster
parent and legal guardian), grandparent, grandchild or sibling of the employee
or spouse or de facto spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same
household, where for the purpose of this paragraph:
(i) "relative" means a person related by blood, marriage or
affinity;
(ii) "affinity" means a relationship that one spouse because
of marriage has to blood relatives of the other; and
(iii) "household" means a family group living in the same
domestic dwelling.
(f) an employee may elect, with the consent of the employer, to
take unpaid leave for the purpose of providing care and support to a class of
person set out in Sub Clause (vi) (e) (2) above, who is ill.
(g) an employee may elect with the consent of the employer, to
take annual leave for the purposes of providing care to a class of person set
out in Sub Clause (vi) (e) (2) above.
(h) an employee may elect, with the consent of the
employer, to take time off in lieu of payment for overtime at a time or times
agreed with the employer within twelve (12) months of the said election.
(i) overtime taken as time off during ordinary hours shall be
taken at the ordinary time rate, that is, an hour for each hour worked.
(j) if, having elected to take time as leave, in accordance with
Sub Clause (h), the leave is not taken for whatever reason, payment for time
accrued at overtime rates shall be made at the expiry of the twelve (12) month
period or on termination.
(k) an employee may
elect, with the consent of Riverina Water, to work `make-up time' under which
the employee takes time off ordinary hours, and works those hours at a later
time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(l) an employee on
shift work may elect, with the consent of the employer, work `makeup time'
(under which the employee takes time off ordinary hours and works those hours
at a later time) at the shift work rate which would have been applicable to the
hours taken off.
(m) An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
(n) An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
(o) An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
30. Annual Leave
(i) Annual
leave of absence consisting of four weeks at the ordinary rate of pay,
exclusive of award holidays observed on working days shall be granted to an
employee after each twelve months service. Employees engaged on shift roster
will be entitled to an additional 20 hours of annual leave after each twelve
months on service.
(ii) Annual leave
shall be taken as soon as mutually convenient to the employee and Riverina
Water. Riverina Water may give an employee at least four weeks’ notice to take
leave where the employee has accumulated in excess of eight weeks leave.
(iii) An employee
before proceeding on annual leave shall be paid the employee's usual rate of
pay for the period of leave calculated as if the employee had been at work for
the period of leave.
(iv) On
termination of employment, an employee shall be paid all accumulated annual
leave and proportionate annual leave for the incomplete year of employment.
Proportionate annual leave shall be equal to one twelfth of the employee's
ordinary weekly rate of pay at the date of termination multiplied by each
completed week of employment in the incomplete year.
(v) An employee
whose ordinary rate of pay varies from time to time shall have their ordinary
rate of pay calculated as the average of their rate over the preceding twelve
months prior to taking annual leave.
31. Long Service Leave
(i) Amount of Leave
Riverina Water shall credit each employee, long service
leave on full pay after each period of continuous service on the following
basis:
Where an employee has completed more than five (5)
years of service with the employer, the employee shall be entitled to apply for
long service leave accrued between each completed five (5) years of service on
a pro rata basis calculated monthly. Such an application shall not be
unreasonably refused.
On completion of ten years’ service, 13 weeks
After completion of each of the
eleventh to fifteenth years, 1.7 weeks per year. After completion each
of the sixteenth year and thereafter, 2.7 weeks per year
(ii) Accrual of
Leave
Long service leave shall accrue on a basis
proportionate to the scale of leave set out above.
(iii) Taking of Leave
Long service leave shall be taken at a time mutually
convenient to Riverina water and the employee in minimum periods of one week.
(iv) Award
Holidays
Long service leave shall be exclusive of award holidays
occurring during leave.
(v) Continuous
Service
Continuous service shall be the period from the date of
commencement to the date of termination of employment and shall include:
(a) All approved
paid leave
(b) Previous
employment with Great Southern Energy, Southern Riverina County Council or
Riverina Water.
(c) Employment as a
part-time or casual employee.
(d) Service with
any Local Government Council in New South Wales shall be service for the
purpose long service leave accrual under this Award provided that the former
employer pays to Riverina Water the monetary value of the long service leave
which the employee has accrued at the time of transfer.
(e) Service in the
armed forces, enlisted or conscripted, shall be service for the purpose of long
service leave accrual provided that the employee was an employee of Riverina
Water, its predecessor or a Local Government Council in New South Wales at the
time of commencing the service.
(f) Periods which
shall not be included in the calculation of continuous service are absence on
parental leave and leave without pay.
(g) Employment with
a group training company during the term of an apprenticeship/traineeship for
the periods hosted by council to be recognized as service should they obtain
full time employment with council during their time upon completion of their
apprenticeship/traineeship.
(vi) Discharged
Entitlements
Long service leave entitlements shall be reduced by
periods of long service leave taken.
(vii) Payment for
Leave
(a) An employee who
is entitled to long service leave may, with the consent of the council, take
long service leave:
(1) on full pay; or
(2) on half pay; or
(3) on double pay.
(b) When an
employee takes long service leave, the leave entitlement will be deducted on
the following basis:
(1) a period of
leave on full pay - the number of days so taken; or
(2) a period of
leave on half pay - half the number of days so taken; or
(3) a period of
leave on double pay - twice the number of days so taken.
(c) When an
employee takes long service leave, the period of service for the purpose of
leave accruals shall be as follows:
(1) a period of
leave on full pay - the number of days so taken; or
(2) a period of
leave on half pay - half the number of days so taken; or
(3) a period of
leave on double pay - the number of days so taken.
(d) Employees that
take long service leave at half pay or double pay shall not be disadvantaged
nor obtain a windfall gain in relation to superannuation contributions.
(viii) Entitlements
(a) Allowances
An employee who regularly receives payment of on-call
and standing by allowances, tool allowances, shift allowances or any
all-purpose allowance will receive payment of those allowances during periods
of long service leave on the same basis of payment or average payment to the
employee in the four week period prior to the date of commencement of the
leave:
(b) Full Pay
During a period of long service leave, an employee
shall be paid, in addition to allowances, the employee's ordinary rate of pay
which the employee would have received for the period had the employee not been
on leave.
(c) Payment before
Leave
An employee shall be entitled to receive payment for
the full period of long service leave prior to the date upon which leave
commences.
(ix) Termination of Employment
(a) Ten Years
Where an employee has completed at least ten years
continuous service and the employee's employment is terminated for any reason,
or the employee dies, Riverina Water shall pay to the employee or the
employee's legal representative, the monetary equivalent of the employee's
accrued long service leave.
(b) Short Service
Where an employee has completed at least five years
continuous service and the employee's employment is terminated for any reason,
other than serious misconduct, Riverina Water shall pay to the employee or the
employee's legal representative, the monetary equivalent of the employee's
accrued long service leave.
(c) Payment on
Termination
On termination of employment, an employee shall be paid
the ordinary rate of pay, excluding allowances, for the accrued long service
leave.
(x) No Payment in
Lieu
An employee shall not be paid in lieu of long service
leave except on termination of employment.
32. Paid Parental
Leave
(i)
(a) This clause
applies to all full time and part time employees who have had 12 months
continuous service with council immediately prior to the commencement of
parental leave or special
parental leave and to
casual employees who have worked on a regular and systematic basis with
council for at least 12 months prior to the commencement of parental leave or
special parental leave.
(b) Paid parental
leave shall mean leave taken by an employee in connection with the pregnancy or
the birth of a child of the employee. Paid parental leave consists of an
unbroken period of leave.
(c) Paid special
parental leave shall mean leave taken by an employee where the pregnancy of the
employee terminates before the expected date of birth (other than by the birth
of a living child), or where they suffer illness related to the pregnancy, and they are not then
on paid parental leave provided that a medical practitioner certifies such
leave to be necessary before their
return to work.
(ii)
(a) An
employee shall be entitled to a total of 14 weeks paid
parental leave or
special parental leave on full pay; or 28 weeks parental leave or special
parental leave on half pay; or parental leave or special parental leave on a
combination of full pay or half pay provided the leave does not exceed the
equivalent of 14 weeks on full pay.
(b) The employee
may choose to commence paid parental leave before the expected date of the
birth.
(iii)
(a) Annual leave,
long service leave, unpaid parental leave and any accumulated time in lieu may
be taken in conjunction with paid parental leave and special parental leave,
subject to council approval, provided that the total period of leave does not
exceed 52 weeks.
(b) The period of
paid parental leave and special parental leave is taken into account in
calculating the employee's long service, annual and sick leave accruals.
(c) Paid parental
leave may not be extended beyond the first anniversary of the child's birth.
(iv) Payment
for parental leave and special parental leave is at the ordinary rate
applicable prior to the commencement of the leave period. Employees working as
permanent part time employees will be paid at their ordinary part time rate of
pay calculated on the regular number of hours worked. A casual employee's rate
of pay will be calculated by averaging the employee's weekly wage in the 12
months immediately prior to the employee commencing paid parental leave or
special parental leave.
(v) Paid parental
leave and special parental leave shall be exclusive of public holidays.
(vi) Notice
of intention to take paid parental leave.
The employee must:
(a) Provide council
with certification of the expected date of confinement at least 10 weeks before
the child is due. This is known as the first notice;
(b) Advise council
in writing of their intention to take paid parental leave and the proposed
start date at least 4 weeks prior to that date.
This is known as the second notice.
(c) Provide a
signed statutory declaration that the employee will be the primary care giver
to the child and that the paid parental leave will not be taken in conjunction
with any partner accessing paid parental leave entitlements.
(vii) The employee will not engage in any other form of paid
work during the period of paid maternity leave without the approval of the
General Manager.
(viii) Any government
funded parental paid parental leave provisions as prescribed in the Paid Parental Leave Act 2010 (Cth) will be in addition to
current entitlements as prescribed by Clause 32 - Paid Parental Leave, Subclause
(ii) (a) of this Award.
33. Supporting Parent
Leave
An employee who is a supporting parent shall be entitled to
up to 5 days paid leave taken at the time their partner gives birth to a child
or at the time the employee adopts a child provided that the employee has had
12 months’ continuous service with council immediately prior to the
commencement of their supporting parent leave.
34. Family Violence
(i) General
Principle
Riverina Water recognises that employees sometimes face
situations of violence or abuse in their personal life that may affect their
attendance or performance at work.
Therefore, the Riverina Water is committed to providing support to staff
that experience family violence.
(ii) Definition of
Family Violence
The definition of family violence includes physical,
sexual, financial, verbal or emotional abuse by a family member.
(iii) General
Measures
(a) Proof of family
violence may be required and can be in the form of an agreed document issued by
the Police Service, a court, a Doctor, District Nurse, Maternal Health Care
Nurse and a Family Violence Support Service or Lawyer.
(b) All personal
information concerning family violence will be kept confidential in line with
Riverina Water Policy and relevant legislation.
No information will be kept on an employee’s personnel file without
their express written permission.
(c) No adverse
action will be taken against an employee if their attendance or performance at
work suffers as a result of being a victim of family violence.
(d) Riverina Water
will identify contact/s in the organisation who will
be trained in family violence and privacy issues, for example training in
family violence risk assessment and risk management.
Riverina Water will advertise the name of the contact
within the council.
(e) An employee
experiencing family violence may raise the issue with their immediate
supervisor or the Human Resources contact.
The supervisor may seek advice from Human Resources if the employee
chooses not to see the Human Resources contact.
(f) Where
requested by an employee, the Human Resources contact will liaise with the
employee’s supervisor on the employee’s behalf, and will make a recommendation
on the most appropriate form of support to provide in accordance with Sub
Clause (iv) and (v) below.
(g) Riverina Water
will develop guidelines to supplement this clause and which details the
appropriate action to be taken in the event that an employee reports family
violence.
(iv) Leave
An employee experiencing family violence will have
access to 10 days per year (non-accumulative) of paid special leave for medical
appointments, legal proceedings and other activities related to family
violence. This leave will be in addition
to existing leave entitlements and may be taken as consecutive or single days
or as a fraction of a day and can be taken without prior approval.
(a) An employee who
supports a person experiencing family violence may take carer’s leave to
accompany them to court, to hospital, or to mind children.
(v) Individual
Support
(a) In order to
provide support to an employee experiencing family violence and to provide a
safe work environment to all employees, the Riverina Water will approve any
reasonable request from an employee experiencing family violence for:
(i) Changes to their span of hours or
pattern or hours and/or shift patterns;
(ii) Job redesign or
changes to duties;
(iii) Relocation to
suitable employment within the company.
(iv) A
change to their telephone number or email address to avoid harassing contact;
(v) Any other
appropriate measure including those available under existing provisions for
family friendly and flexible work arrangements.
(b) An employee
experiencing family violence will be offered a referral to the Employee
Assistance Program (EAP) and/or other local resources. The EAP shall include professionals trained
specifically in family violence
An employee that discloses to human resources or their
supervisor that they are experiencing family violence will be given a resource
pack of information regarding support services.
35. Phased Retirement
(i) In
recognition of the ageing workforce in local government and the need to retain
skills and experience within the industry, councils are encouraged to develop
and promote flexible work and leave arrangements to enable their employees to
better manage their transition into retirement.
(ii) Examples of
flexible work and leave arrangements include:
(a) Part-time work;
(b) Flexi time;
(c) Leave without
pay;
(d) Job sharing
arrangements;
(e) Variations to
ordinary hours and rosters;
(f) Job redesign;
(iii) The terms of a
flexible work and leave arrangements shall be in writing and may be varied from
time to time, by agreement, to suit the specific needs of either council or the
employee.
36. Union Picnic Day
Union Picnic Day shall for the purposes of this Award be
regarded as a holiday for employees who are financial members of the union(s).
The Union Picnic Day shall be on a day as is agreed between the council and the
union(s).
The union(s) shall advise the council of financial members
as at the time of the Union Picnic Day. Such advice must be given at least two
weeks prior to the Union Picnic Day.
Employees who are not financial members of the union(s) and
who are required to work on the Union Picnic Day shall be paid ordinary pay for
their normal working day.
Employees who are not financial members of the union(s) and
who are not required to work on the Union Picnic Day, may apply to council to
take annual leave, time off in lieu of overtime, leave without pay, a rostered
day off, or maybe required by council to make up time.
37. Award Holidays
(i) Holidays: All full-time, part-time and temporary
employees shall be entitled to the following days as award holidays without
loss of pay:
(a) Any day
proclaimed as a State wide public holiday or any locally proclaimed holiday
within the boundaries of Riverina Water.
(b) The employees'
union picnic day, to be held on a day as is mutually agreed between Riverina
Water and the employees. Provided that a reasonable level of
customer service is to be provided on the day.
(ii) NAIDOC Week: In
addition to subclause (i), employees who are
Aboriginal and Torres Strait Islanders shall be entitled to one day during
NAIDOC week so that they can participate in National Aboriginal and Islander
Day celebrations. Eligible employees shall provide the employer with at least
seven (7) days’ notice of their intention to take the holiday in accordance
with this subclause, provided that if less than seven (7) days’ notice is given
such leave shall not be unreasonably refused.
(iii) Award Holiday
during Leave of Absence
Where an employee is granted leave without pay by
Riverina Water which exceeds five consecutive working days or shifts the
employee shall not be entitled to payment for any award holiday which occurs
during that period.
38. Jury Service
An employee shall notify Riverina Water as soon as possible
of the date upon which they are required to attend for jury service. Employees
shall be granted jury service leave without loss of pay.
(i) An
employee shall be paid by Riverina Water the difference between the jury
service fee received and the employee's ordinary time rate of pay for the jury
service during the employee's usual ordinary working hours.
(ii) An employee
required to attend for jury service during a period of annual leave shall, on
application and on production of satisfactory evidence, be credited with annual
leave at a subsequent date, for the period during which the employee would have
been on annual leave had the employee not been on jury service.
39. Bereavement Leave
(i) Where an employee,
other than a casual, is absent from duty because of the death of a person in
accordance with Sub Clauses (i) (a) to (i) (e) below and provides satisfactory evidence to council
of such, the employee shall be granted four days leave with pay upon
application. Persons in respect of whom bereavement leave may be claimed shall
include:
(a) a spouse of the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an adult child (including an adopted child, a
step child, foster child or an ex nuptial child), parent (including a foster
parent, step parent and legal guardian), parents of spouse, grandparent,
grandchild or sibling (including half, foster and step sibling) of the employee
or spouse or de facto spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of the employee who is a member of
the same household, where for the purposes of this paragraph:
(1) 'Relative'
means a person related by blood, marriage or affinity;
(2) 'Affinity'
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3) 'Household'
means a family group living in the same domestic dwelling.
(ii) Bereavement Entitlements for Casual
Employees
(a) Subject to
providing satisfactory evidence to the council, casual employees are entitled
to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in Sub Clauses (i)
(a) to (i) (e) above.
(b) Council and the
employee shall agree on the period for which the employee will be entitled to
not be available to attend work. In the absence of agreement, the employee is
entitled to not be available to attend work for up to 96 hours (i.e. four days)
per occasion. The casual employee is not entitled to any payment for the period
of non-attendance.
(c) Council must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of the council to engage
or not engage a casual employee are otherwise not affected.
40. Trade Union Leave
An employee who has been sponsored by a union to attend a
course of training shall be entitled to paid leave of
absence to attend the course. A pool of ten days is available each calendar
year from which employees may draw upon. However, Riverina Water may grant
additional days at its discretion. One accredited union delegate to the union's
annual conference shall be entitled to paid leave for the duration of the
conference.
41. Leave Without Pay
(i) Periods
of leave without pay, shall be taken at a time mutually convenient to council
and the employee and shall not be regarded as service for the purpose of
computing long service leave, sick leave or annual leave. Such periods of leave
without pay shall not however constitute a break in the employee’s continuity
of service.
(ii) An employee
shall not be entitled to any payment for public holidays during an absence of
approved leave without pay.
42. Travelling
Allowance
(i) An
employee, who is required to undertake additional travelling time outside the
employee's ordinary hours of work which is in excess of the employee's usual
travelling time on any day Monday to Friday, shall be paid for the excess
travelling time at the applicable overtime rate of pay or banked as time in
lieu.
(ii) An employee,
who is required to undertake additional travelling time on a weekend or award
holiday, shall be paid for the excess travelling time the applicable overtime
rate of pay or banked as time in lieu.
43. Certificates and
Licences
(i) An
employee required to hold a motor vehicle driver's
licence or motor cycle rider's licence shall be reimbursed the cost of the licence
by Riverina Water.
(ii) Riverina Water
shall not be liable to reimburse any cost of a probationary licence or any
penalty imposed on an employee because of traffic infringements by the
employee.
(iii) Where an
employee of the Award is required by council to hold another type of relevant
certificate or license the council shall reimburse the employee for cost of
such certificate or licence.
44. Private Motor
Vehicle - Allowances
An employee who by arrangement, uses a privately-owned motor
vehicle at work on a casual basis, shall be paid as per the table in Appendix C
- Allowances, which is based upon rates determined by the Australian Taxation
Office.
45.
Motor Vehicle Arrangements
A. VEHICLE
ALLOWANCES
(i) Where,
by agreement, the employer requires an employee to use their own vehicle in or
in connection with the performance of their duties for official business, such
employee will be paid an allowance for each kilometre of authorised travel,
which is based upon rates determined by the Australian Taxation Offices
(ii) The employer may
require an employee to record full details of all such official travel
requirements in a log book.
(iii) Minimum quarterly
payment - Where the vehicle is used for official business and is available
continuously when the employee is on duty the employee shall be paid the
allowance in subclause 45A (i) (b) but with a minimum
payment as set out in Appendix C - Allowance. Periods of sick leave in excess
of 3 weeks, annual leave in excess of 4 weeks, long service leave, paid and
unpaid parental or maternity leave shall not be counted when calculating the
minimum quarterly payment.
(iv) Where
the vehicle is used for official business on an intermittent, irregular or
casual basis, the employee shall be paid the allowance for the number of
kilometres travelled on official business as set out in paragraph (i) only and shall not be entitled to the minimum payment as
set out in paragraph (iii).
(v) Any agreement to
pay the allowance under this clause may only be terminated by 12 months’ notice
by either party or by the employee's termination of employment.
B. LEASEBACK
VEHICLES
(i) GENERAL
The parties to this Award recognise that
leaseback vehicles may be provided to employees as a condition of employment
(e.g. as an incentive for accepting employment) or as a discretionary benefit
that is not a condition of employment.
A leaseback vehicle will be considered to be
a condition of employment for an employee unless it was clearly identified that
it was not being provided on such a basis at the time that it was provided.
(ii) Termination of
Leaseback Vehicle Arrangement
(a) Condition of
employment - Unless otherwise provided in this clause, where the employer and
an employee enter into a leaseback vehicle arrangement and the employee is
entitled to a leaseback vehicle as a condition of employment, the arrangement
may only be terminated by agreement.
(b) Not a condition
of employment - Unless otherwise provided, where the employer and an employee
enter into a leaseback vehicle arrangement and the employee is not entitled to
a leaseback vehicle as a condition of employment, the employer shall give a
minimum of six (6) months written notice of termination of the arrangement.
Notwithstanding the above, where the leaseback
vehicle agreement was entered into prior to 1 November 2010, the employer shall
give a minimum of 12 months’ notice to terminate the agreement.
(c) Other - The
employer may terminate or suspend access to a leaseback vehicle arrangement
immediately on termination of employment, loss of licence, serious breach of
the leaseback vehicle agreement or if the employee accepts a new position with
the employer that does not include access to a leaseback vehicle. The employer
may also terminate or suspend a leaseback vehicle arrangement where an employee
is demoted, for the period of demotion, provided that at least two weeks’
notice is given.
(iii) Variation of
Leaseback Vehicle Arrangements
(a) Variations to
leaseback arrangements - Proposals to vary leaseback vehicle arrangements,
including the formula for calculating the leaseback vehicle fees shall be
referred to the consultative committee in accordance with clause 32 of this
Award, before a definite decision is made.
(b) Variations to
leaseback fees - Where an employer proposes to increase the leaseback fee an
employee is required to pay in any twelve (12) month period by more than the
percentage movement in the index figure published by the Australian Bureau of
Statistics for Eight Capitals, private motoring subgroup (Cat No 6401.0), the
employer shall provide in writing to the employee the reasons for the increase.
In any event the employer shall not increase
the leaseback vehicle fee an employee is required to pay in any twelve (12)
month period by more than 10%.
This subclause shall not apply where the
leaseback vehicle fee is adjusted to reflect changes in the type of vehicle
being used (including changes in vehicle options, the class, model or make of
vehicle).
(c) Variations in
hours of work and/or extended periods of absence - Where an employee’s hours of
work change significantly or the employee is absent on approved leave for an
extended period, the employer and the employee shall discuss whether the
employee will be allowed to retain possession of the vehicle and/or whether the
leaseback vehicle fee is to be adjusted. In the event that the leaseback
vehicle fee is to be adjusted, subclause (v) above shall not apply.
In the absence of agreement, clause 9,
Grievance and Disputes Procedures, shall apply.
C. NOVATED
LEASES
A novated lease is
a type of motor vehicle lease common in Australia between an employee,
employer, and finance company, with the responsibility for the lease lying with
the employee and the lease payments being made from the employee's pre-tax
income.
The employer shall not make it a job
requirement that an employee enter into a novated
lease agreement for the use of a motor vehicle.
46. Engineering
Professionals
(i) Civil
Liability - Engineering Professionals
(a) An
employee who is an engineering professional, and
(1) Is
directly involved in applying engineering principles to the asset management of
council assets, including the planning for, designing, maintaining, replacing,
rehabilitating or disposing of; and
(2) Such assets may
give rise to liability under the Civil Liability Act 2002 shall be paid an
allowance in addition to weekly rate, as set out in Appendix C -
Allowances in this Award.
(b) The provision
in (i) (a) above shall not be construed so as to
require the reduction or alteration of more advantageous benefits or conditions
under any arrangements existing at the date the award was varied to give effect
to this clause.
(ii) Professional
Engineer Registration
(a) Where an
engineering employee seeks to be accredited as a Registered or Chartered
Professional Engineer and this is consistent with both the organisations’
operational need and the employee’s career goals, Riverina Water will:
(b) Pay the
reasonable costs associated with obtaining and maintaining such accreditation,
including the costs of accreditation fees and compulsory continued professional
development training/course fees.
Reimbursement of accreditation fees will be to the value of the lowest
cost registration scheme available
(c) Grant
reasonable paid leave, to attend or participate in relevant professional
development courses or events in order to meet required professional
development hours to maintain the accreditation
47. Training
(i) The
parties to this Award recognise that increasing the efficiency and productivity
of the industry requires an ongoing commitment to education, training and skill
maintenance, development and enhancement. Accordingly, the parties commit
themselves to:
(a) developing a more highly skilled and flexible workforce
(b) providing employees
with opportunities through
appropriate education and
training to acquire additional skills and
(c) removing barriers to the utilisation of skills in accordance
with employers' training plans.
(ii)
(a) All employees
shall have reasonable and equitable access to education and training, such
education and training shall:
(1) be consistent with the employer's training plan
(2) enable employees to acquire the range of skills they are
required to apply in their positions
(3) enhance employees' opportunities for
career path development
and mobility through employer's organisation structures,
through participation in the employers' training plans.
(4) Employees who
are required to either hold professional qualifications or complete further
professional qualifications and whose positions are evaluated in Band 3 or Band
4 of this Award, shall have access to continuing
professional development (CPD) that is consistent with the training plan for
their position as follows:
(i) 10
hours per annum, or
(iii) in accordance with legislated CPD requirements, whichever is
the greater.
(b) Nothing in this
clause prevents an employer and employee from agreeing to additional CPD
training.
(iii) Training Plan
and Budget
(a) The employer
shall develop a training plan and budget consistent with: (1) the current and future skill
requirements of the employer.
(1) the size, structure and nature of the operations of the
employer.
(2) the need to develop vocational skills relevant to the
employer and the Local Government industry.
(b) In developing
the training plan, the employer shall have regard to corporate, departmental
and individual training needs.
(c) The training
plan shall be designed in consultation with the consultative committee.
(d) The training
plan shall, where appropriate, provide for training that is consistent with the
relevant
National Training Package.
(e) The training plan, shall provide for the assessment and recognition of
employee's current competencies where possible.
(f) Selection of
participants to receive the employer’s required training in accordance with
employer’s training plan is to be based on merit and the needs of the employee
as identified in the employee's performance appraisal.
(iv) If
an employee is required by the employer to undertake training in accordance
with the employer’s training plan
(v) Training Plan
and Budget
(a) The employer
shall develop a training plan and budget consistent with: (1) the current and future skill
requirements of the employer.
(1) the size, structure and nature of the operations of the
employer.
(2) the need to develop vocational skills relevant to the
employer and the Local Government industry.
(b) In developing the training
plan, the employer shall have
regard to corporate,
departmental and individual
training needs.
(c) The training
plan shall be designed in consultation with the consultative committee.
(d) The training
plan shall, where appropriate, provide for training that is consistent with the
relevant National Training Package.
(e) The training
plan, shall provide
for the assessment
and recognition of
employee's current competencies
where possible.
(f) Selection of
participants to receive the employer’s required training in accordance with
employer’s training plan is to be based on merit and the needs of the employee
as identified in the employee's performance appraisal.
(vi) If an employee
is required by the employer to undertake training in accordance with the
employer’s training
plan:
(a) the employer
shall grant the
employee paid leave
to attend course
requirements, including
examinations, where the training is undertaken during ordinary working hours;
(b) where the
course requirements contain more than a 15% off-the-job component calculated
over any 12 month period the extent to
which the employer will grant paid leave
to attend such course requirements shall
be specified in the training plan;
(c) the employer shall pay course fees at the commencement of
each stage but shall not pay course fees if the employee is repeating;
(d) the employer shall either provide transport or pay
reasonable travelling expenses to enable employees to attend course
requirements;
(e) An employee who
is required to undertake reasonable travel outside the ordinary hours of work
to attend employer endorsed training shall be paid at ordinary time rate of pay
for any travel in excess of one hour on any one day or bank excess travelling
time as time in lieu.
(f) where an employee is required to complete major
assignment(s) the employer and the employee shall agree upon appropriate
flexible work and study arrangements as are practicable.
(vii) The employer may
grant an employee undertaking a course consistent with the employer’s training
plan, although not at
the employer's requirement,
leave with pay or leave
without pay to
attend course requirements
provided that the employee gives reasonable notice of such requirements. Where
the employee is not granted such leave the employer shall give preference in
granting annual leave or other accrued leave to attend course requirements
provided that the employee gives reasonable notice of such requirements. The
employer may pay course fees at its discretion.
(viii) The parties
shall continue to engage with the VET system to ensure that the skills needs of
local government are addressed in training package development.
48. Supply of
Residence By Employer
Where an employee is provided with a residence by Riverina
Water (with or without concessions), the weekly value of the residence (and
concessions) shall be agreed upon from time to time between the employee and
employer.
49. Living Away
Allowance
Living Away Allowance - An employee required to work at a
distance from the employee's usual residence and who is required to remain at
that location overnight, shall be provided with suitable accommodation of at
least an NRMA rating of three stars, if available at that place and in addition shall be paid a living
away allowance as per Appendix C - Allowances in this Award. The employee shall also be reimbursed for any
authorised incidental expenses.
50. Wet Weather
Where because of wet weather, an employee stops work, the
employee shall be paid for time not worked provided the employee remains at
work until directed to leave work; stands by as directed; and reports for duty
as directed.
51. Work Health and
Safety
A. Statement
of Intent
The parties to the Award are committed to co-operating positively
to:
(i) promote the safety and welfare of
workers and other people in the workplace;
(ii) eliminate unsafe work practices; and
(iii) ensure that employers and employees understand and comply
with their obligations under the Work
Health and Safety Act 2011 (NSW), Work Health and Safety Regulation 2017
(NSW) and associated codes of practice.
B. Specific
Provisions
In the case of extreme and unusual weather conditions
which could be assessed as hazardous, employers will review and conduct a risk
assessment to determine what action, if any, needs to be put in place to
minimise unnecessary exposure and risks to its employees during such unusual
occurrences.
C. Further
Information and Resources
Further information and resources are available from the
following organisations:
(i) SafeWork NSW: www.safework.nsw.gov.au
(ii) SafeWork Australia: www.safeworkaustralia.gov.au
52. Health and
Wellbeing
(i) The
parties to the Award recognise that workplace health and wellbeing programs can
lead to positive outcomes such as improved employee work performance and
productivity, improved employee recruitment and retention, reduced absenteeism,
and other benefits.
(ii) Employers are
encouraged to develop workplace health and/or wellbeing programs that are
suited to the needs and resources of the employer.
(iii) An employee
may, with the consent of the employer, take up to two (2) days paid leave per
calendar year from their accrued sick leave balance to participate in a health
and/or wellbeing activity, subject to the following:
(a) the granting of paid leave under this clause is at the
discretion of the employer; and
(b) the taking of
paid leave under this clause must not result in the employee having an
accumulated sick leave balance of less than two (2) weeks; and
(c) the employer may require proof of participation in the
health and/or wellbeing activity to justify payment under this clause.
53. Tool Allowance
(i) Employees
who are required to supply their own tools of trade shall, in addition to the
rates of pay prescribed, be paid the amount set in Appendix C - Allowances of
this Award.
(a) Tool Kits: Tool
allowances paid to employees shall be deemed to apply in respect of a full
range of tools ordinarily used in carrying out the duties and functions of the
employee's classification, and the employee shall, if requested, furnish a list
of the tools.
(b) Ownership:
Tools for which allowances are paid shall remain the property of the employee,
be kept in proper working conditions and be available for use by the employee
at all times in the exercise of duties.
(c) Loss of Tools:
Tools, in respect of which an allowance is paid, shall be replaced or paid for
by the employer in the event of their loss or damage by fire or other cause
beyond the employee's control, or in the event of their theft during any act of
breaking and entering of premises outside the ordinary working hours, provided
the tools were kept in accordance with any established provisions for their
security.
(d) Special Purpose
Tools: Tool allowances shall not cover tools required for special uses or
purposes exceptional to the ordinary trade functions of the employee's
classification.
(e) Use of Tools:
Tools issued to an employee shall be used only in the course of his duties, and
for the purpose for which they are supplied.
(f) Care of
Tools: Employees shall be responsible
for the proper upkeep of all tools, and other equipment, implements and
articles, issued for their use, and shall replace or pay for any items lost or
damaged through misuse or negligence.
(g) Payment for
Other Purposes: Tool allowances shall apply during periods of annual leave,
sick and accident leave, long service leave and award holidays, but shall be
excluded in the calculation of any payment for accrued leave made to the
employee upon termination of service.
54. Telephone
An employee, who is required to install a telephone at the
employee's home, shall be reimbursed the annual rental fees, charges and the
cost of calls in connection with Riverina Water.
55. Expenses
All reasonable expenses incurred by an employee in
connection with their work shall be reimbursed by Riverina Water.
56. Out Sourcing
(i) Where
Riverina Water is considering a change of practice to involve out sourcing or
contracting work out, it will notify the employees and their union/s. It will
also provide employees and their union/s with fourteen days’ notice to respond
with suitable proposals about alternative arrangements to out sourcing prior to
any decision to invite tenders.
Riverina Water at the same time as tenders are invited
will provide the union/s with a copy of any specification or contract which has
been prepared.
The tenders when advertised shall be timed so as to
provide the employees with an opportunity to submit an offer to establish that
they can do the work to an equivalent standard, timetable and price.
(ii) Contractors
shall have an enterprise agreement with the relevant unions which covers the
employees of the contractor.
(iii) Tenders will be
required to specify details of the award coverage including conditions of
employment and the classifications and rates of pay applicable under the award
as well as the terms of agreement for the contractor to comply with the
industry safety standards and practices.
(iv) Riverina Water
will only outsource work when there are insufficient resources to meet its work
commitment and timetable; or where the safety of the public or the water
distribution performance is at risk; or where contracting out work is the most
advantageous option taking into account quality, safety and performance.
(v) When a decision
is to be made regarding division of work between Riverina Water and outside
resources, due consideration will be taken of the nature of the jobs so that
Riverina Water staff have the opportunity to undertake quality work. A copy of
the work scope will be available with the relevant manager for perusal by
employees, prior to the specification being advertised.
Riverina Water Staff shall have the opportunity to
select the quality work to ensure skills are maintained, or provide opportunity
for higher quality skills to be obtained.
(vi) Riverina Water
will advise employees and their union/s following consideration of tenders and
the above listed factors.
(vii) Where Riverina
Water does contract out work, no employee will, as a result, be made
involuntarily redundant. Affected employees will be offered the opportunity for
retraining in skills required by Riverina Water.
57. Classifications
and Rates of Pay
(i) An
employee shall be allocated an employment classification which describes the
employee's major and substantial functions and duties.
(ii) An employee
shall be paid not less than the weekly rate of pay for employee's grade within
the employee's allocated classification as listed in Appendix B - Rate of Pay
of this Award.
(iii) Each position
shall have an agreed job description which shall be updated at the time of a
change to the functions and duties and skill requirements of the position.
(iv) The
weekly rates of pay in this award contain a 1.35% component in lieu of annual
leave loading.
(iv) Rates
of pay and allowances in this Award shall move by the following: 3.00% 1st July
2019, 3.00% 1st July 2020 and 3.00% 1st July 2021.
58. Superannuation -
Additional
(i) The
below table illustrates the total employer contribution rate for each financial
year covered by this agreement
|
Year
|
Rate
|
|
1 July 2019
|
15.00 %
|
|
1 July 2020
|
15.00 %
|
|
1July 2021
|
15.00 %
|
(ii) The additional
percentage each year will be made for all employees whether they are
Accumulation or Defined Benefit Fund members as per table above.
(iii) Council will
maintain a 5.50% buffer above the Federal Government Superannuation Guarantee.
59. Employee
Loyalty/Attendance Bonus
(i) Qualification:
(a) An employer
must have a Sick Leave balance equal to or greater than:
(1) 38
hour employee. 635 hours.
(2) 35
hour employee. 585 hours.
(b) An employee,
upon reaching the required minimum balance set out in Sub Clause 58 (i) above may request to be paid an amount of money that is
the equivalent to 75% of their annual Sick Leave entitlement balance for that
year, always ensuring their total bank does not reduce below the required
minimum.
(ii) Procedure:
(a) A written
application is required for all claims to be provided within 30 days after the
end of the financial year.
(b) If an
application is not made within 30 days after the end of the financial year, the
leave entitlement being either the full 18 days or part thereof due to any sick
leave having been taken will be credited to the employees’ balance and no
payment request can be for that year.
(c) The payment,
when requested within the required time, will be made as a one off payment
following each financial year.
(d) If an employee
wishes to Salary Sacrifice the payment, then he/she must make prior
arrangements in accordance with the ATO ruling.
60. Safety Bonus
(i) The
parties to the Award are committed to a high standard of health and safety.
(ii) For the three
years of this Award, council will maintain an Injury and Illness Statistics
Index (IISI) recording time lost against the total hours worked.
(iii) Subject to the
annual figure achieved by the whole organisation as at 30 June each year a
reward payment will be payable to every employee who has been part of Council’s
workforce for more than half of that year and is still so employed at the time
of the bonus payment.
(iv) The
reward payment shall be by way of additional remuneration based on the
following scale:-
|
SAFETY ACHIEVEMENT
|
|
|
IISI 300+
|
0
|
|
IISI 151 - 300
|
$100
|
|
IISI 51 - 150
|
$250
|
|
IISI 0 - 50
|
$400
|
61. No Extra Claims
The parties to this Award agree not to pursue any additional
or extra claims during the term of this Award except in accordance with Clause
6.
62. Breach of Award
If this Award is breached by either party, the maximum
remedy and/or penalty for such breach shall be no greater than that which is
available in respect of a breach of an award made under the Industrial Relations Act 1996 (NSW).
A party to this Award shall be barred from commencing or
continuing an action for breach of this Award in more than one jurisdiction.