Crown
Employees (Roads and Maritime Services Wages Staff) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 253 of 2012)
Before The Honourable
Mr Justice Staff
|
4 April 2012
|
REVIEWED
AWARD
Arrangement
Part A
Clause No. Subject Matter
1. Title
2. Parties to
the Award
3. Enterprise
bargaining infrastructure
3.1 RMS's Single Bargaining Unit (SBU)
3.2 Regional Consultative Groups
3.2.1 Project teams
3.2.2 Wages staff task groups
3.2.3 General principles
4. Terms of
employment
4.1 School Based Apprentices
4.2 General terms
4.3 Working hours
4.3.1 Normal work cycle
4.3.2 Flexible arrangements
4.3.3 Continuous work patterns
4.3.4 Accrued day off
4.3.5 General
4.3.6 Sydney Harbour Bridge maintenance staff
4.3.7 Averaged Work Pattern
4.3.8 Part-time employment
4.4 Shift work
4.4.1 General
4.4.2 Traffic signals technicians’ assistants
4.4.3 Traffic emergency patrollers
4.4.4 Tow Truck Staff
4.5 Secure Employment
4.5.1 Objective of this Clause
4.5.2 Casual Conversion
4.5.3 Occupational Health and Safety
4.5.4 Disputes Regarding the Application of this Clause
4.5.5 Non Application
5. Payments
5.1 Rates of pay
5.1.1 Duration & operative dates for future increases
5.1.2 General
5.1.3 Apprentices
5.1.4 Trainees
5.1.5 Traffic signals technicians’ assistants
5.1.6 Truck drivers
5.1.7 Sydney Harbour Bridge (SHB) maintenance staff
5.2 Allowances
5.2.1 Operative dates of other rates and allowances
5.2.2 General
5.2.3 Lead paint removal allowance
5.2.4 Asbestos materials allowance
5.2.5 Asbestos eradication allowance
5.2.6 Asphalt plant repairs allowance
5.2.7 Long/wide loads allowance
5.2.8 Mechanical trades remote and servicing allowances
5.3 Higher duties
5.4 Overtime
5.4.1 General
5.4.2 Cribs
5.4.3 On call
5.4.4 Call out and call back
5.4.5 Standing by (Snow clearing - Cooma)
5.4.6 Meal allowance
5.5 Payment of wages and termination of employment
6. Leave
6.1 General
6.2 Holidays
6.2.1 Public holidays
6.2.2 Union picnic day
6.2.3 Local public holidays
6.3 Annual leave
6.3.1 General
6.3.2 Annual close down
6.3.3 Shift workers
6.3.4 Annual leave loading
6.4 Long service leave
6.4.1 General
6.4.2 Effect of approved leave without pay on LSL entitlements
6.4.3 Taking of long service leave
6.4.4 Sick leave while on long service leave
6.4.5 Public holidays while on long service leave
6.4.6 Payment or transfer of long service leave on termination
6.5 Sick leave
6.5.1 General
6.5.2 Leave and workers’ compensation claims
6.5.3 Illness while on annual leave
6.6 Maternity leave
6.7 Adoption leave
6.8 Parental leave
6.9 Communication during maternity, adoption or parental leave
6.10 Rights of request during maternity, adoption or parental leave
6.11. Family and Community Service Leave
6.12 Study leave
6.13 Examination and pre-examination leave
6.14 Military leave
6.15 Special leave
7. Travel/Accommodation
7.1 Fares and travelling
7.1.1 Fares
7.1.2 Travelling Allowance
7.1.3 Transport provided by RMS
7.2 Distant work
7.3 Amenities
7.3.1 General
7.3.2 Sydney Harbour Bridge maintenance staff
7.4 Tea breaks and drinking water
8. Other
conditions
8.1 First aid
8.2 Union contributions
8.3 Union representatives
8.4 Certificates and licences
8.5 Work apparel
8.5.1 General
8.5.2 Protective clothing
8.6 Tools
8.6.1 Issue
8.6.2 Insuring tools
8.7 Grievance resolution and dispute settlement
8.7.1 Grievance resolution
8.7.2 Dispute settlement
8.7.3 Disputes relating to OHS issues
8.8 Anti-discrimination
9. No extra
claims
10. Area
incidence and duration
PART B
MONETARY RATES
Table 1 - Rates of Pay - Non Trades
Rates of Pay - Trades
Rates of Pay - Apprentices
Table 2 - Other Rates and Allowances
Appendix A: Workplace reform
1. Benchmarking
2. Process
improvement
3. Performance
Planning and feedback
4. Conditions
of employment
5. Occupational
health and safety
6. Consultation
on excess staff
7. Contractors'
protocol
8. Agreed
procedures for market testing and contracting out
9. Unplanned
absenteeism (sick leave)
10. Consultation
11. Communication
12. Field Input
Data Operation (FIDO)
13. Alliance
model/contracting of works
Appendix B: Definitions
Appendix C: Market Testing and Contracting Out
Principles, Definitions and Consultative Process
1. Principles
1.1 Selection of an area of work to market test
1.2 Conduct of market testing projects
1.3 Management of an area of work after market testing
2. Definitions
3. Consultative
process
PART A
1. Title
This Award is known as the Crown Employees (Roads and
Maritime Services - Wages Staff) Award.
The terms of this Award apply to all wages staff of the Roads and
Maritime Services, except those employed at Broken Hill who are covered by a
separate Agreement with the Barrier Industrial Council, under Chapter 1A of the
Public Sector Employment and Management Act 2002.
2. Parties to the
Award
The parties bound by the Award are the Roads and
Maritime Services (hereinafter called the "RMS") and:
The Australian Workers' Union, New South Wales
Construction, Forestry, Mining and Energy Union (Construction
& General Division) NSW Divisional Branch
Electrical Trades Union of Australia, New South Wales
Branch
Transport Workers' Union of Australia (New South Wales
Branch)
Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union, NSW Branch
New South Wales Plumbers and Gasfitters Employees Union
Hereinafter, parties other than RMS are called
"unions".
3. Enterprise
Bargaining Infrastructure
Implementation of continuous improvement is based on
consultation. The following bodies assist in facilitating a consultative and
participative approach.
3.1 RMS's Single
Bargaining Unit (SBU)
A joint advisory group, to be called the Single
Bargaining Unit, consisting of nominated representatives from the unions,
Unions NSW and RMS management meets regularly and continues to oversee the
development, negotiation and implementation of an agreed enterprise arrangement
to ensure:
a consistent approach
an effective implementation process in order to achieve
the agreed outcomes within the allotted time frames
the achievement of sustainable and measurable
productivity improvements.
3.2 Regional
Consultative Groups
Regional Consultative Groups exist in each region and
include both RMS nominees and union nominated wages staff.
The groups' role is to continue to promote positive
cooperation in overseeing the implementation of each of RMS’s workplace reform
agenda areas within the regions and to resolve any localised issues including
industrial problems that arise during the implementation process.
The groups provide regular minutes/reports to, and as
requested by, the SBU and refer any problems which cannot be resolved at the
regional level to the SBU for determination.
3.2.1 Project teams
Project teams are established, if required, to oversee
the technical development and implementation of RMS’s workplace reform agenda
items.
Project teams are under the managerial control of an
RMS Project Manager and include both RMS and union nominated wages staff
representatives.
The project teams provide regular reports to, and as
requested by, the SBU and refer any problems which cannot be resolved at the
project level to the SBU for determination.
3.2.2 Wages staff task
groups
Wages staff task groups are established as required to
research and provide recommendations in line with the agreed terms of
reference.
3.2.3 General
principles
The SBU, project teams and regional consultative groups
circulate the minutes of their respective meetings to relevant staff.
Wages staff representatives assigned to a project team,
task group or regional consultative group are released from their normal
duties, as required, to carry out the responsibilities to which they have been
assigned. Should any problems arise related to such release, they are referred
to the SBU.
Regional consultative groups:
are chaired (to be shared) by the union and RMS staff
representatives
develop and implement a communication plan to ensure
that directorate staff are kept fully informed of the work of the group and the
ongoing implementation of the enterprise bargaining process across the
directorate.
The SBU, project teams and regional consultative groups
are able to second a wages staff member to the respective body if such staff
member has special expertise relevant to the issue(s) being considered.
Nominated representatives and group members have agreed
to relevant training to assist them in their roles.
The SBU, project teams, task groups and regional
consultative groups are appropriately resourced in regard to clerical backup,
time, provision of information and other identified needs.
4. Terms of
Employment
4.1 School Based
Apprentices
(a) Definition
A school based apprentice is an employee who is
undertaking an apprenticeship under a training contract while also enrolled in the
Higher School Certificate.
(b) Wages
(i) The hourly
rates for full time apprentices as set out in this Award shall apply to school
based apprentices for the total hours worked including time deemed to be spent
in off-the-job training.
(ii) For the purposes
of subclause (b) (i) of this clause, where a school based apprentice is a full
time school student, the time spent in off-the-job training for which the
school based apprentice is paid is deemed to be 25 per cent of the actual hours
worked on the job each week.
(iii) The wages paid
for training time may be averaged over the school term or year.
(iv) Where this
Award specifies a weekly rate for full time apprentices, the hourly rate shall
be calculated by dividing the applicable weekly rate by 38.
(c) Progression
through the Wage Structure
(i) School based
apprentices progress through the wage scale at the rate of 12 months’
progression for each two years of employment as an apprentice.
(ii) The rates of
pay are based on a standard apprenticeship of four years. The rate of
progression reflects the average rate of skill acquisition expected from the
typical combination of work and training for a school based apprentice
undertaking the applicable apprenticeship.
(d) Conversion from
a school based apprentice to a full time apprenticeship
Where an apprentice converts from a school based to a
full-time apprenticeship, all time spent as a full-time apprentice counts for
the purpose of progression through the wage scale set out in this Award. This
progression applies in addition to the progression achieved as a school base
apprentice.
(e) Conditions of
employment
Except as provide by this clause, school based
apprentices are entitled to pro rata entitlements of all other conditions of
employment contained in this Award.
4.2 General terms
(a) You are employed
on a weekly basis, unless otherwise specified.
(b) If you are a new
employee, you must complete a probationary period which is:
the first three months of your employment
on a daily basis during that period
at the appropriate weekly rate
able to be terminated at one day's notice from either
party (you or RMS).
(c) You are paid for
any holidays that occur during your probationary period.
(d) You may be
engaged on a limited duration basis either for:
a term not less than three months and generally not
exceeding 12 months, or
the duration of a project with anticipated starting and
finishing dates.
As a limited duration employee you receive the pay
rates and conditions of employment provided in this Award.
If your limited duration employment exceeds 12 months,
the unions reserve the right to raise the issue of "permanent employment
status" for you, unless you are employed for a specific project.
(e) You may be
engaged on a casual basis either:
for short terms or emergency projects
where you are required intermittently over a specified
period of time (eg. for traffic control)
for a minimum period of three hours per engagement
for a continuous period not longer than three months.
As a casual employee you are paid:
the appropriate base rate plus 20% casual loading to
compensate for all leave except long service leave
allowances provided for in this Award
for time worked outside ordinary hours, at overtime
rates plus 20%.
(f) As an RMS employee,
you must carry out duties that:
you have the skills, competence and training to
undertake and are safe to perform
are within the classification structure of this Award
do not promote de-skilling.
(g) If directed by
RMS, you must use the tools, plant and equipment for which you are trained.
(h) RMS may require
you to move from one work group to another to meet work requirements.
Generally, these changes in location will be limited to work groups within 100
km. If the movement involves a change
in location over 100 km, your agreement to the change will be sought and you
will be paid the appropriate entitlements as set out in clause 7, Travel/
Accommodation. While performing these
duties you will maintain your existing classification under the Wages
Classification Structure, except where you are performing higher graded work
under the provisions of subclause 5.3 - Higher Duties.
Nothing in this paragraph (h) prevents RMS from
applying the distant work provisions set out in clause 7.2 Distant Work, for
crews or gangs, who for work reasons are required to live away from their usual
place of residence.
(i) If you are
absent from work you lose your pay for the period of time that you were absent
unless the paid leave provisions apply (for further details governing leave
provisions, refer to Section 6 of this Award).
(j) If you arrive
at work late or leave work early, your working time is calculated to the
nearest 0.1 of an hour (ie. 6 minutes). The same calculation is used for
overtime.
(k) After the
probationary period referred to in 4.2.(b), your employment can be terminated
at any time as follows:
by one week’s notice on either side, or
by the payment or forfeiture of one week’s wages
without notice for misconduct.
(l) If you are
terminated "without notice" you are paid wages up to the time of
termination only.
(m) If you are on a
week’s notice and during that time are absent from work without permission, it
will be considered that you have abandoned your employment.
(n) RMS may deduct
wages for any day that you cannot be usefully employed, due to strikes, work
stoppages or any cause for which RMS cannot reasonably be held responsible (not
including wet weather), and where any other reasonable alternative duties are
not available.
(o) If you are an
apprentice or a trainee and you lose time for any reason not considered
satisfactory by RMS, RMS is entitled to deduct an amount proportionate to that
time from your weekly wage.
(p) If you are a
"non-trades" employee, your pay rate includes an amount for being
required to work in inclement weather.
4.3 Working Hours
4.3.1 Normal work cycle
(a) Your contract of
employment is based on 38 ordinary hours worked each week.
(b) A normal working
cycle consists of 152 hours and is:
19. Working
Days Within a 20 Day, Four Week Period, and
eight hours worked each day between 6.00 am and 6.00
pm. However, your normal commencement
time may be altered by agreement with your local manager and the majority of
staff to allow you to commence your ordinary hours of work at 5:00 am. The reason for such a change may include,
wanting to leave work early on a day before a gazetted public or local public
holiday or if it is anticipated the day in question may be an extremely hot
day.
During this cycle, 0.4 of one hour (24 minutes) of each
day worked is accrued. This entitles you to one day off in each four week
cycle, known as an "Accrued Day Off (ADO)". Wages for accrued time
are paid in the period during which it was accrued.
Note: This provision does not apply to Sydney Harbour
Bridge maintenance staff (see Clause 4.3.6 for the working hours of this
group).
(c) For accrual
purposes:
each day of paid leave taken during a four week work
cycle is counted as a working day
any Public Holidays occurring during the work cycle are
counted as 8 hours.
(d) You or your work
group may be required by local management to change starting/finishing times
and the time/hours you work for the following reasons:
geography, climate or traffic conditions,
specific works, changes to hours, days or periods of
the year (whole/part of a depot/individual), or
greater flexibility.
you will be given one (1) week’s notice of the change.
4.3.2 Flexible
arrangements
(a) Alternatives to
the normal work cycle include a:
nine day fortnight
four day week; or
any alternative work arrangements approved by
management and endorsed by the Regional Consultative Group prior to
implementation.
(b) If your working
time/hours are varied consistent with this subclause, you cannot work more than:
10 hours each day between 6:00 am and 6:00 pm
80 ordinary hours each fortnight.
(c) If you work a
nine day fortnight you receive one additional day off (making a total of two)
in each 20 day, four week cycle.
(d) If you work a
four day week you receive three additional days off (making a total of four) in
each 20 day, four week cycle.
(e) For accrual
purposes:
each day of paid leave you take during the flexible
work cycle is counted as a working day
any Public Holidays occurring during the flexible work
cycle are counted as 8 hours.
4.3.3 Continuous work
patterns
(a) Where local
management and the majority of staff agree, the ordinary hours of work may be
varied to include work on Saturdays and Sundays within the average of 38 hours
per week.
(b) If work
time/hours are varied consistent with this subclause, you are:
paid 50% more than your ordinary rate for the first two
hours and 100% more than your ordinary time rate thereafter for work on
Saturdays that forms part of the 38 hours per week average
paid 100% more than your ordinary time rate for all
work on Sundays that forms part of the 38 hours per week average
not required to work on more than ten consecutive days,
and
rostered off for at least four consecutive days within
the two week cycle. You are not paid for these days.
4.3.4 Accrued day off
(a) By 30 September,
RMS and the unions develop an ADO calendar for the following year. In doing so,
they ensure that:
ADOs fall together with Public Holidays, where
appropriate
attention is given to the dates on which ADOs are
observed by the Building and Construction Industry.
(b) Once the new ADO
calendar is established it may be changed if local management and the majority
of staff (whole/part of a depot/individual) agree.
Consideration is given to changing the calendar so that
ADOs are observed on days where road traffic is likely to significantly reduce
productivity (eg. the last day of the school term or local events such as the
Bathurst car races).
(c) It is essential
that local management and staff designate additional days off where flexible
arrangements are implemented to best meet the anticipated needs of RMS and to
be equitable to staff.
Any additional days off should be incorporated into the
ADO calendar.
(d) Local
management, in consultation with staff, may require you to carry out work on a
programmed ADO, either indefinitely or for a prescribed length of time. If you
work on a programmed ADO, you are:
given at least one (1) week’s notice of the change
given a copy of the program of alternative ADOs
not paid penalty payments for this work, and
permitted to take an alternative working day off as
your ADO (Note: This day is unpaid.)
(e) RMS may require
you to occasionally work on an ADO if the ADO:
stops others from carrying out their work
results in other staff having to complete maintenance
tasks outside normal working hours
delays a project.
If you are required to work on your ADO without the
notice period outlined in 4.3.4 (d), you are:
paid at the Saturday overtime rates
permitted another day off, where practical, before the
end of the next work cycle. You are not paid for this day.
(f) You may accrue
a maximum of five ADOs providing there is agreement between:
RMS and the unions on a statewide basis, or
local management and a majority of staff (whole/part of
a depot/individual).
4.3.5 General
Unless you are a shift worker, you are entitled to a
meal break each day. Meal breaks:
do not count as time worked
may be taken between 11:30 am and 1.30 pm
are for 30 minutes or up to one hour by agreement.
Generally, your meal break should commence not longer
than 5 hours after the start of your normal work.
An exception applies if you work on roads where
clearway arrangements apply. In such cases, local management and staff should
discuss the daily meal break with a view to maximising working time during
non-clearway hours.
4.3.6 Sydney Harbour
Bridge maintenance staff
(a) This clause
applies to Sydney Harbour Bridge maintenance staff only
(b) A normal working
cycle within this clause consists of:
nine working days within a 10 day, two week cycle
eight hours and 27 minutes worked each day between 6:00
am and 6:00 pm
a 30 minute meal break which includes a paid 10 minute
tea break and a 20 minute unpaid break between 11:30 am and 12 noon.
During this cycle, 51 minutes of each day worked is
accrued. This entitles you to one day off in each two week cycle, known as an
Accrued Day Off (ADO). Wages for accrued time are paid in the period during
which it was accrued.
(c) If an ADO falls
on a Public Holiday, you may take your ADO on:
the next working day
an alternative day in the same two week cycle
an alternative day in the next two week cycle.
(d) For accrual
purposes:
Each day of paid leave you take during a two week cycle
is counted as a working day.
Any Public Holidays occurring during the two-week cycle
are counted as eight hours.
4.3.7 Averaged Work
Pattern
(a) If you are a
continuous shift worker, your ordinary working hours are 38 per week which may be
averaged over one or more normal work cycles depending on rostering
arrangements.
(b) Your accrued
days off will be taken according to the agreed roster.
4.3.8 Part-time
employment
(a) You may be
employed on a part time basis subject to the needs of RMS and in accordance
with its policies and procedures for permanent part-time staff.
(b) You may apply to
work part-time and the decision to do so is voluntary. No person can be directed or placed under
duress to move from full-time to part-time work, or vice versa.
(c) Part-time staff
will be employed as required.
(d) You may work
additional hours by agreement. Where you work additional hours, the additional
hours will be paid as follows:
ordinary rates of pay plus a loading of 4/48ths in lieu
of recreation leave for work performed up to the normal daily working hours of
full-time staff performing similar duties
appropriate overtime rates for work performed in excess
of the normal working hours of full-time staff performing similar duties.
(e) Individual
working arrangements will be:
agreed between you and RMS.
set out in your appointment letter.
able to be varied at any time by negotiation between
you and RMS.
(f) The wages and
conditions of employment for part-time staff will be based on a pro-rata
application of wages and conditions of employment contained in this Award for
full-time staff performing similar duties.
4.4 Shift Work
4.4.1 General
(a) This clause
outlines the conditions for shift work and applies to you unless you are a:
Traffic Signals Technicians Assistant
Traffic Emergency Patroller.
Sydney Harbour Bridge Tow Truck Team Leader, Driver or
Attendant
The conditions for shift work applicable to these roles
are detailed in subclauses 4.4.2, 4.4.3 and 4.4.4.
(b) Shift work is worked
between:
Sunday to Thursday inclusive, or
Monday to Friday inclusive.
Arrangements for working shifts are by agreement
between local management and the majority of staff, provided that the choice of
shift patterns does not prevent RMS from applying the shift work provisions to
complete the work required.
(c) For the purpose
of this clause only:
"Ordinary shift hours" means hours worked in
accordance with subclause clauses 4.3.1 - ‘Normal work cycle’ and 4.3.2 -
‘Flexible arrangements’. These arrangements must be agreed at a local level.
Examples include:
19 working days of eight hours within a 20 day, four
week cycle,
a nine day fortnight, or
a four day week.
In accordance with subclause 4.3.2, ordinary shift
hours cannot be longer than ten hours.
"Continuous shift work" means work carried on
with consecutive shifts of employees throughout the twenty-four hours of at
least six consecutive days without interruption, except during breakdowns, meal
breaks or due to unavoidable causes beyond the control of RMS.
"Early morning shift" means any shift
commencing at or after 4:00 am and before 6:00 am.
"Afternoon shift" means any shift commencing
at or after 1:00 pm and before 6:00 pm.
"Night shift" means any shift commencing at
or after 6:00 pm and at or before 4:00 am.
(d) The following
loadings for ordinary shift hours apply, whether worked as a single shift or as
a combination of shifts:
Shift
|
Loading
|
|
|
Early morning
|
12.5%
|
Afternoon
|
25%
|
Night
|
50%
|
(e) If your normal
shift is worked between:
Monday and Friday, the Friday shift starts before and
finishes after midnight Friday.
Sunday and Thursday, the Sunday shift starts before
midnight Sunday.
(f) If you work on
a Saturday, Sunday or Public Holiday you are paid at overtime rates, provided
that:
Friday shifts referred to in clause (e) are paid at
ordinary shift rates
Sunday shifts referred to in clause (e) are paid at
ordinary shift rates after midnight Sunday.
(g) If you work in
excess of the agreed ordinary shift hours on Sunday to Thursday or Monday to
Friday (excluding public holidays) you are paid double-time.
(h) If you are
required to work shift work you are given at least 48 hours notice. If your
shift hours are changed, you are notified by the finishing time of your
previous shift.
(i) You cannot work
more than one ordinary shift on any one day (eg. a day shift and a night
shift). If you are required to work a second shift on a given day, the second
shift is paid at overtime rates.
(j) If you work a
shift of less than five consecutive working days and it is:
due to your actions, you are paid normal shift rates
not due to your actions, you are paid overtime rates.
ADOs and Public Holidays (including the picnic day) are
counted as single days worked and form part of the calculation towards your
completion of five consecutive days worked for the purpose of this subclause.
(k) When you are on
shift work, you are allowed and paid 30 minutes crib time for each shift
worked. Generally, it must be taken not more than five hours after the start of
the shift. This break may be taken over several periods of time which total 30
minutes.
(l) If you do not
work a complete four week cycle you receive pro-rata accrued entitlements for
each shift (or part shift) worked.
(m) Local management
and staff will agree on the:
arrangements for ADOs during your work cycle
accumulation of ADOs (to a maximum of five).
4.4.2 Traffic signals
technicians’ assistants
(a) If you are a
Traffic Signals Technicians' Assistant:
an afternoon shift finishes after 6.00 pm and at or
before midnight
a night shift finishes after midnight and at or before
8.00 am
regular afternoon or night shifts apply which are a
normal feature of your work, occur five nights each week and are in operation
for more than four consecutive weeks.
(b) If you work
regular afternoon or night shifts, you are paid at the normal rate plus 15%.
Any work other than regular afternoon or night shifts is paid as follows:
the first five shifts are paid at time-and-a-half
more than five shifts and up to four weeks are paid at
the ordinary rate plus 20%
more than four weeks are paid at the ordinary rate plus
15%.
(c) If you work only
night shifts, you are paid at the normal rate plus 30% for each shift you work.
(d) Saturday time
is:
worked between Friday midnight and Saturday midnight
paid at time-and-a-half for normal rostered shifts.
(e) Sunday time is:
worked between Saturday midnight and Sunday midnight
paid at double-time.
4.4.3 Traffic emergency
patrollers
(a) If you are a Traffic
Emergency Patrollers (TEPs), you are either a:
shift worker engaged on a combination of morning and
afternoon shifts, or
continuous shift worker engaged on a 24 hour, 7 day,
rotating roster.
(b) You are not
required to work more than 6 consecutive days during your roster cycle.
(c) Your working
hours and shift allowances are as follows:
Shift
|
Work commencing
|
Shift allowance
|
|
|
|
Early morning
|
at or after 4:00am
|
ordinary rate plus 12.5%
|
Day
|
at or after 6:00am
|
ordinary rate
|
Afternoon
|
at or after 1:00 PM
|
ordinary rate plus 12.5%
|
Night
|
at or after 4:00pm
|
ordinary rate plus 15%
|
(d) You will be paid
at time-and-a-half of the ordinary pay rate for all ordinary time worked on
Saturday.
(e) You will be paid
at double the ordinary pay rate for all ordinary time worked on a Sunday.
(f) You will be
paid at double-time-and-a-half of the ordinary pay rate for all ordinary time
worked on a Public Holiday.
(g) You will be
allowed and paid a crib break in accordance with subclause 4.4.1, paragraph (k)
above.
(h) Shift rosters
operate in the following manner:
You are rostered to work shifts as required by RMS.
Notice of shifts to be worked is given at least seven
days in advance.
If less than seven days notice is given of shift
changes, you are paid at the same rate as your previous shift, provided it is
greater.
(i) If you are
rostered on a special or spare shift and you are directed to work another shift
which:
pays a lesser pay rate, then you are entitled to retain
the pay rate of your normal shift
has a greater penalty, then you are entitled to the
higher pay rate based on the inclusion of the penalty for the shift you
actually worked.
(j) If you are
directed to temporarily work a shift that pays a lesser pay rate, you are
entitled to retain the pay rate of your normal shift.
(k) If you are
directed to work at an alternative location, you are paid the appropriate fares
to the new destination, in accordance with the provision outlined in Clause 7,
Travel/Accommodation.
(l) If you are
required to change your shift and/or location with less than 48 hours notice,
you are paid an additional 3 hours at your ordinary/unloaded pay rate, in
addition to the provisions outlined above, in recognition of any inconvenience
caused by the change to your shift pattern.
4.4.4 Tow Truck Staff
(a) If you are a Tow
Truck Driver or Tow Truck Attendant you are engaged on a 24 hour, 7 day,
rotating roster.
(b) Tow Truck Staff
shall not be required to work more than 6 consecutive days during the roster
cycle.
(c) The working
hours and shift allowances for Tow Truck Staff are as follows:
Shift
|
Work commencing
|
Shift allowance
|
|
|
|
Early morning
|
at or after 4:00am
|
ordinary rate plus 12.5%
|
Day
|
at or after 6:00am
|
ordinary rate
|
Afternoon
|
at or after 12 Noon
|
ordinary rate plus 15%
|
Night
|
at or after 6:00pm
|
ordinary rate plus 20%
|
(d) Payment for all
ordinary time worked on a Saturday shall be at the rate of time and one half of
the ordinary rate of pay.
(e) Payment for all
time worked on a Sunday shall be at the rate of double the ordinary rate of
pay.
(f) Payment for all
ordinary time worked on a Public Holiday shall be at the rate of double and
one-half of the ordinary rate of pay.
(g) You will be
allowed and paid a crib break in accordance with subclause 4.4.1, paragraph (k)
above.
(h) Shift rosters
shall operate in the following manner:
you shall be rostered to work shifts as required by
RMS.
notice shall be given of shifts to be worked at least 7
days in advance.
where notice is given of a change in shift with less
than 7 days notice, any shift so worked shall be paid at the rate of the
previously rostered shift, provided it is greater.
(i) If you are
rostered on a relief line and your shifts, as notified in (g) above, are
changed with less than 7 days notice you will paid at the rate of the
previously rostered shift providing that it is greater.
(j) Where you are
directed to work at an alternate location, you will be paid the appropriate
fares to the new destination in accordance with the provision outlined in Clause
7, Travel/ Accommodation.
(k) Where you are
required to change shift and/or location with less than 48 hours notice, you
will be paid an additional 3 hours at the unloaded rate of pay, in addition to
the provisions outlined in (i) above, in recognition of any inconvenience
caused by the alteration to the shift pattern.
(l) If you are
rostered to work on a Public Holiday you will receive a day in lieu. This does
not apply where you are rostered on a special or spare shift and are required
to work on a Public Holiday. In this
case the Public Holiday loading will be paid.
4.5 Secure
Employment
4.5.1 Objective of this
Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
4.5.2 Casual Conversion
(a) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(b) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this subclause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(c) Any casual employee
who has a right to elect under paragraph (a), upon receiving notice under
paragraph (b) or after the expiry of the time or giving such notice, may give
four weeks notice in writing to the employer that he or she seeks to elect to
convert his or her ongoing contract of employment to full-time or part-time
employment, and within four weeks of receiving such notice from the employee,
the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach an agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(d) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(e) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to causal employment by
written agreement with the employer.
(f) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (c), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (c), discuss and agree upon:
1. whether the
employee will convert to full-time or part-time employment; and
2. if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect his or
her contract of employment to full-time employment and an employee who has
worked on a part-time basis during the period of casual employment has the
right to elect to convert his or her contract of employment to part-time
employment, on the basis of the same number of hours and time of work as
previously worked, unless other arrangements are agreed between the employer
and the employee.
(g) Following an
agreement being reached pursuant to paragraph (f), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to full-time
or part-time employment, it shall be dealt with as far as practicable and with
expedition through the disputes settlement procedure.
(h) An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
4.5.3 Occupational
Health and Safety
(a) For the purposes
of this subclause, the following definitions shall apply:
1. A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that employer.
2. A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer to
provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(b) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
1. consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
2. provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
3. provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
4. ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(c) Nothing in this
subclause 4.5.3 is intended to affect or detract from any obligation or
responsibility upon labour hire business arising under the Occupational Health
and Safety Act 2000 or the Workplace Injury Management and Workers Compensation
Act 1998.
4.5.4 Disputes Regarding
the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
4.5.5 Non Application
This clause has no application in respect of
organisations which are properly registered as Group Training Organisations
under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate
legislation) and are deemed by the relevant State Training Authority to comply
with the national standards for Group Training Organisations established by the
ANTA Ministerial Council.
5. Payments
5.1 Rates of pay
5.1.1 Duration &
operative dates for future increases
(a) This Award takes
effect on and from 1 July 2011 and operates until 30 June 2012.
(b) Wages staff
covered by this Award receive a 2.5% increase in base rates of pay payable from
the first full pay period to commence on or after 1 July 2011.
(c) The increases in
base rates are paid in consideration of the acceptance of this Award. The new
base rates are set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.
5.1.2 General
(a) The pay rates in
this Award are premised on the "RMS Wages Classification Structure".
(b) These rates are
determined by competence, but as appropriate, may include any or all of the
following components:
tradespersons' allowance
special loading
industry allowance
inclement weather allowance
follow-the-job loading, and
roll-up of allowances (including tool, hazard, HIAB,
leading hand, etc.)
For a detailed list of pay rates, refer to Table 1,
"Rates of Pay" in Part B, "Monetary Rates" of this Award.
For a detailed list of other rates and allowances,
refer to Table 2, "Other Rates and Allowances" in Part B,
"Monetary Rates" of this Award.
5.1.3 Apprentices
(a) A tool allowance
is included in your pay rate.
(b) If you are an
adult apprentice, you are paid the higher rate of:
4th year apprentices for the duration of your
apprenticeship, or
that applicable to the substantive position that you
held with RMS immediately prior to commencing your apprenticeship.
5.1.4 Trainees
If you are a Civil Construction Trainee you will be
paid in accordance with the Crown Employees (Public Service Training Wage)
Award. For all your other conditions of
employment refer to this Award.
5.1.5 Traffic signals
technicians’ assistants
The pay rate includes compensation for:
dirty or hot work
working in the wet
working in confined or awkward places
other disability work for which there is no provision
5.1.6 Truck drivers
If you are a truck driver, your pay rate includes
compensation for your requirement to work in inclement weather. All truck
drivers are required to perform duties other than driving, loading and
unloading vehicles, where such duties are available. These duties must be
consistent with the work you currently perform.
5.1.7 Sydney Harbour
Bridge (SHB) maintenance staff
(a) If you are a SHB
maintenance worker and are directed to work on the steel, you are paid an
additional amount per week, as set out in Table 2, "Other Rates and
Allowances", in Part B, "Monetary Rates" of this Award. This
compensates for any disabilities arising from the nature of the bridge
structure and its environs and is paid for all purposes of this Award.
(b) If you are an
apprentice located at the SHB, you are entitled to the SHB allowance, as
outlined above, but you do not receive fares.
5.2 Allowances
5.2.1 Operative dates
and future increases in other rates and allowances
(a) Work related
allowances eg Sydney Harbour Bridge Allowance, increases in line with
percentage increases in rates of pay outlined in subclause 5.1.1 above, and
applies from the same operative dates.
(b) Expense related
allowances, eg. overtime meal allowance, increases in line with movements of
the same allowances and from the same operative dates as those contained in the
Crown Employees (Skilled Trades) Award.
5.2.2 General
(a) The allowances
described in this section do not form part of your ordinary wage and are not
paid for all purposes of this Award.
(b) If more than one
of the allowances provides payment for disabilities of substantially the same
nature, only the highest rate is paid.
(c) Allowances are
paid irrespective of the time at which the work is performed and are not subject
to any premium or penalty conditions.
5.2.3 Lead paint
removal allowance
If applicable, you are paid on an hourly basis, as
described in Table 2, "Other Rates and Allowances", in Part B,
"Monetary Rates" of this Award, and only for the period of time when
you are:
fully compliant with WHS management plans and safe
systems of work
working on structures that are primed with lead-based
paint
performing any of the following tasks:
Abrading by hand or mechanical means
Dry or wet blasting inside containment
Grit recovery inside containment
Bagging and packaging lead contaminated waste
Cleaning filters and/or performing internal maintenance
on dust extractors
Setting up, operating and decommissioning the grit
blaster (when using recycled materials), dust extractor and grit recovery unit
Erecting previously used containment sheeting
Removing and disposing of containment sheeting
Flame cutting or welding on the structure
Decontaminating and removing materials and equipment
from within the confines of the containment
Bagging and un-bagging of lead contaminated personal
protection equipment.
5.2.4 Asbestos
materials allowance
If you are required to use materials containing
asbestos or to work with others using asbestos, you are provided with the necessary
safeguards, as required by the appropriate work health and safety authority.
You must use all supplied safeguards.
In such cases, if the safeguards make the wearing of
protective equipment mandatory, you are paid an hourly amount, as stated in Table
2, "Other Rates and Allowances", in Part B, "Monetary
Rates" of this Award.
5.2.5 Asbestos
eradication allowance
(a) "Asbestos
eradication" means working in a building or its surrounds to remove or
neutralise any materials that contain asbestos.
(b) If you are
engaged in asbestos eradication:
all work must be conducted in accordance with the:
NSW Work Health and Safety Act 2011
Work Health and Safety Regulations 2011
you are paid an hourly amount as stated in Table 2,
"Other Rates and Allowances", in Part B, "Monetary Rates"
of this Award.
5.2.6 Asphalt plant
repairs allowance
If you are a tradesperson, you are paid an additional
hourly amount or part of an hour, as stated in Table 2, "Other Rates and
Allowances", in Part B, "Monetary Rates" of this Award for
repairs, maintenance or alterations to the following designated areas:
dryer drum
hot elevator
single chute (Bellambi)
screens
weighing hopper
pug mill
scrubbing bins, jets and scrubbing pits (Bellambi)
cyclone
hot bitumen kettle (Bellambi).
5.2.7 Long/wide loads
allowance
If you are a truck driver and drive a loaded truck or
articulated vehicle (excluding vehicles included in the definition of Truck
Driver (Road Train)) which together with its load exceeds:
2.90m wide or 18.29m long or 4.30m high (measured from
the ground level), you are paid an hourly amount with a minimum daily amount as
stated in Table 2, "Other Rates and Allowances", in Part B,
"Monetary Rates" of this Award
3.36m wide or 21.34m long or 4.58m high (measured from
the ground level), you are paid an hourly amount with a minimum daily amount as
stated in Table 2, "Other Rates and Allowances", in Part B,
"Monetary Rates" of this Award.
5.2.8 Mechanical trades
remote and servicing allowances
(a) If you are a
mechanical tradesperson instructed to work alone from a designated remote
location, you are paid an allowance equivalent to 5% of the wage rate for a
Mechanical Tradesperson, Grade 1 for the period you are required to work from
that location.
(b) If you are instructed
to carry out the defined servicing role, you are paid an allowance equivalent
to 2.5% of the wage rate for a Mechanical Tradesperson, Grade 3 for the period
you are required to carry out that role.
5.3 Higher duties
(a) You are entitled
to the payment of higher duties if you are directed to perform the duties of a
position graded higher than yours.
(b) The Higher
Duties Allowance (HDA) is payable for a minimum period of one day.
(c) To be eligible
for HDA, you must be able to satisfactorily perform the major functions of the
position. You are not eligible for the HDA payment if you are learning the
critical aspects of the higher graded position.
(d) Your manager or
supervisor must approve the period of higher duties prior to you starting in
the higher graded position. Prior approval is also required if your period in
the higher graded position is to be extended.
(e) HDA is not
applicable to positions that are multi-graded (eg. HDA is not applicable if you
are a Roadworker Grade 2 working as a Roadworker Grade 3).
(f) HDA is only
paid to you where:
you fill an existing position during casual absences of
the incumbent (eg. sick, annual or long service leave)
approval is given to create and place you in a
temporary position that is intended to exist for a limited duration, (eg. for a
specific project)
you are directed to perform certain functions for the
purpose of maintaining accreditation (eg. RMS Plant accreditation)
you are directed to perform the duties of a higher
graded position while on call-out or overtime because the regular person is
unavailable. In such cases, where the higher graded role is performed during a
period of overtime or call-out only, your HDA is paid at an hourly rate only
for the period of the overtime or call-out.
(g) If the required
period of relief in the higher graded position is for six months or more,
expressions of interest must be sought from the local work area.
(h) If your higher
duties position is a salaried position, your HDA is paid in accordance with RMS
Policy.
5.4 Overtime
5.4.1 General
(a) RMS may require
you to work a reasonable amount of overtime at overtime rates. The overtime
must be worked in accordance with these provisions. You may refuse to work
overtime in circumstances where the working of overtime would result in
unreasonable working hours. For the purposes of this clause, what is
unreasonable or otherwise is determined with regard to:
any risk to your health and safety;
your personal circumstances, including family and carer
responsibilities
the needs of the workplace or enterprise
the notice (if any) given by RMS regarding the working
of the additional hours, and by you of your intention to refuse to work the
additional hours,
any other relevant matters.
(b) You are not
required to report to work earlier than your set starting time or return later
than your set finishing time without qualifying for overtime. However, if you
travel outside your ordinary working hours you are only paid ordinary rates or
as prescribed in clause 7.1.3 of this Award.
(c) If you commence
overtime work before or after a shift and continue for an unbroken period
during which ordinary time is worked, your overtime is calculated by reference
to the total hours worked.
(d) If you work
outside ordinary hours you are paid overtime at the following rates:
Description
|
Pay rate
|
|
|
First two hours
|
Time-and-a-half
|
After the first two hours
|
Double-time
|
All work after 12 noon Saturday
|
Double-time
|
All work on Sunday
|
Double-time
|
All work on a Public Holiday
|
Double-time-and-a-half
|
Regular overtime that normally commences
|
Time-and-a-half for the first two
|
after 12 noon on Saturday
|
hours, then double-time
|
(e) If you are a
required to work on a Saturday, Sunday or Public Holiday you are paid for a
minimum of four hours or else paid for four hours at the appropriate rate.
(f) If you are
working overtime and you have not had 10 consecutive hours off duty after
finishing your last shift, you must have 10 consecutive hours off duty after
finishing your overtime.
If you work overtime on a Saturday, Sunday or Public
Holiday (and these days are not your ordinary working days off or your ADO) and
you have not had 10 consecutive hours off duty within the 24 hour period before
starting your next shift, you must have 10 consecutive hours off duty after
finishing your overtime.
If the 10 hours off duty occurs during ordinary working
time you don't lose any pay.
(g) If RMS instructs
you to resume or continue work without having 10 consecutive hours off duty,
you are:
paid double-time until the end of your duty
entitled to be absent, without losing any pay for
ordinary working time, until you have had 10 consecutive hours off duty.
(h) If you are a
shift worker, the conditions in (g) apply, except that eight hours are substituted
for 10 hours when overtime is worked:
for the purpose of changing shift rosters
where you are required to replace shift workers who do
not report for duty
by arrangement between other staff and yourself.
(i) Except in
emergencies, you are not allowed to work more than a half hour of overtime if
you are completing holes for firing and
before firing if you are excavating sandstone or working underground.
(j) If you are a
shift worker and work in excess of your shift hours (other than Public Holidays)
you are paid double-time. All overtime in excess of shift hours on a public
holiday is paid at double-time-and-a-half. All overtime payments are calculated
using your ordinary wage rate.
(k) RMS may delay a
scheduled meal break by up to 1 hour 30 minutes to finish essential work
without payment of additional rates. In
these circumstances you are given an equivalent amount of time for your meal
break.
If you are required to work beyond 1 hour 30 minutes
after your scheduled meal break you are paid at ordinary overtime rates until
you receive a meal break. This provision does not apply if you are a shift
worker who receives a paid crib break as part of your working arrangements.
5.4.2 Cribs
(a) If you are
required to work two or more hours of overtime after your normal finishing
time, you are entitled to a:
30 minute crib break without loss of pay, after the
first two hours, and
a similar time allowance for each additional four hours
of overtime worked.
To qualify for this entitlement, you must continue to
work after your allowed break.
(b) If you work
overtime on a Saturday, Sunday or Public Holiday and work continues after 12
noon, you are allowed a crib break of 30 minutes. This break is taken without
loss of pay.
(c) Having regard to
statutory requirements, RMS and you may agree to a meal or crib break being
taken at any time. If the break is not taken you are paid the appropriate
overtime rate.
5.4.3 On call
(a) You are deemed
to be on call if you are directed by RMS to be available for duty outside
ordinary hours at all times in order to attend to emergencies or breakdowns.
(b) If you are on
call you are not required to remain at home but you must be contactable and
able to respond within a reasonable time.
(c) If you are on
call and are recalled to work you are paid a minimum of 4 hours at overtime
rates. In such cases, if the time actually worked is less than 4 hours, that
time worked does not affect your 10 hour break requirements, as stated in
5.4.1(g) and (h).
(d) If you are on
call, you are paid a daily allowance equivalent to two hours pay at single
rates for your ordinary classification for each night worked, Monday to
Thursday inclusive (apart from public holidays).
(e) If you are on
call you are paid a daily allowance equivalent to eight hours pay at
single-time for your ordinary classification for the following:
Friday evening/Saturday Sundays/Monday morningsyour
ADOs, andPublic Holidays.
(f) Where on call
provisions apply, if you are available you are allocated work according to a
roster or some other arrangement agreed by the majority of staff.
5.4.4 Call out and call
back
(a) If you are
recalled to work after leaving your job you are paid a minimum of four hours at
overtime rates.
(b) Subsequent call
out or call backs occurring within the four hour period of a call out or call
back do not attract additional payments.
(c) If your call out
or call back duties continue into what would be your ordinary working hours
your entitlement is calculated as follows:
Overtime rates continue until the minimum four hours
have elapsed.
Payment of your ordinary hours rate commences when the
minimum four hours have elapsed.
(d) If any portion
of your call out or call back period continues into your ordinary hours, those
hours after your ordinary starting time are considered part of your ordinary
work hours.
(e) Nothing in this
clause should be interpreted in a manner that gives rise to a claim:
for the payment of ordinary hours in addition to any
payment for call out, nor
that you have failed to meet your contract hours.
(f) Payment for a
call out or call back is calculated from the time that you depart for work.
Payment ceases when you arrive at your residence or accommodation after
returning directly from the call out or call back.
Payment is made on the basis of a direct return to your
home or accommodation.
5.4.5 Standing by (Snow
clearing - Cooma)
(a) Standing by is
when you are directed to stand by in readiness to work overtime. It does not
apply when you are on call.
(b) If you are
directed to be on stand by at home, work or elsewhere after ordinary hours, you
are paid standing by time at the ordinary rate for the time you are on stand
by.
5.4.6 Meal allowance
(a) If you are
required to work more than 1.5 hours
after your normal finishing time you are provided with either a meal, or the
amount to cover meal expenses, as set out in Table 2, "Other Rates and
Allowances", in Part B, "Monetary Rates" of this Award.
(b) When you
complete an additional four hours continuous overtime, you are paid an amount
for each subsequent meal in addition to your overtime payment, as set out in
Table 2, "Other Rates and Allowances", in Part B, "Monetary
Rates" of this Award.
(c) If you receive
an accommodation allowance that includes payment for an evening meal (see
subclause 7.2), you are not entitled to payment under paragraph (a) above.
5.5 Payment of wages
and termination of employment
(a) Your wage is
paid fortnightly
(b) One day of each
pay period is recognised as the pay day.
(c) You will a
receive a confidential docket with the following details:
gross amount and particulars of wages and allowances
amount and particulars of deductions
classification
date on which payment is made
period of employment to which the payment relates
amount and type of deductions.
(d) Your wages are
paid into your nominated bank account.
(e) If your
employment is terminated, except for misconduct, you are paid all wages/leave
entitlements due to you at the time of termination.
(f) If your
employment is terminated for misconduct or you resign, you are paid all
wages/leave due to you within one week after termination or after RMS is
notified of your resignation.
(g) The pay period
closes not more than three working days before the recognised pay day. If you
are not paid on the recognised pay day, you are paid at ordinary rates for all
working time you are kept waiting.
6. Leave
6.1 General
(a) You must apply
for leave in advance, except in emergency situations where prior notice cannot
be given.
(b) All your leave
is subject to RMS approval.
(c) Although some of
your leave entitlements are stated in days, your leave entitlements and the
recording of leave taken are in hours.
(d) If you are
appointed to RMS immediately from a position in the NSW Public Sector, you may
transfer your accrued leave entitlements (recreation, sick, family &
community services and long service leave) to your RMS position.
6.2 Holidays
6.2.1 Public holidays
(a) This subclause
covers all gazetted State Public Holidays. For local Public Holidays, refer to
6.2.3.
(b) Public Holidays
and picnic day are compensated at eight hours pay.
(c) If a Public
Holiday falls on a weekend, no additional payment is made unless you are
required to work on that day.
(d) If you are entitled
to be paid for Public Holidays you are paid in full for any holidays occurring
during a period of absence where you receive workers compensation payments.
(e) If a Public
Holiday occurs during the first two weeks in which you are granted leave without
pay, you are paid for the holiday at your ordinary rate. Public Holidays occurring after two weeks
leave without pay are not paid.
(f) If RMS
terminates your services for reasons other than misconduct or incompetence, you
are paid one day’s ordinary wages for each Public Holiday occurring within 10
calendar days after your termination date.
(g) If more than two
Public Holidays occur within a seven day period, they are regarded as a group
of holidays. If the first day of the group occurs within 10 consecutive
calendar days after the termination date, the whole group is considered to
occur within the 10 consecutive days. For example, Christmas Day, Boxing Day
and New Year’s Day are regarded as a group.
6.2.2 Union picnic day
(a) The annual union
picnic day occurs on the first Monday in December.
(b) If you are not
required to work on the picnic day you are paid at your ordinary rate.
(c) If you are
required to work on the picnic day you are paid double-time-and-a-half for a
minimum of four hours.
(d) You may be
required by RMS to produce the picnic ticket butt as evidence of your
attendance at the picnic.
(e) If you are an
apprentice or trainee and are required to attend classes/training on the picnic
day, you are granted a day off in lieu.
6.2.3 Local public
holidays
(a) Unless specified
elsewhere in this Award, you are paid for gazetted local Public Holidays if:
the holiday occurs on a normal working day
you are at work in the local area in the working day
before and after the local Public Holiday
you have a reasonable excuse or approval from your
supervisor to be absent from work on the working day before or after the Public
Holiday.
you worked up to the time of general stoppage on the
Public Holiday and resumed when the work recommenced.
(b) You are not
entitled to more than one local Public Holiday in a calendar year.
(c) You may take
this entitlement as two gazetted half days.
6.3 Annual leave
6.3.1 General
(a) Annual leave
accrues at one-and-two-thirds days for each completed month of service, up to a
maximum of 160 hours per year.
Annual leave does not accrue for:
unauthorised absences
leave without pay exceeding five working days in a
leave year, unless the leave is taken during annual close down (see 6.3.2).
(b) Annual leave must
be taken:
in one consecutive period up to six months after the
completion of every 12 months of service
in not more than three separate periods throughout the
year (with the agreement of RMS)
at a time convenient to RMS and you.
It is preferred that your periods of annual leave plus
Public Holidays and your ADO be taken in whole weeks, (ie. Monday to Friday).
(c) In exceptional
circumstances, RMS may allow you to accumulate leave up to 40 working days,
provided you agree to take your leave as soon as possible.
6.3.2 Annual close down
(a) The current
practice of taking annual leave accrued to 31 December during the
December-January school holiday period will continue.
(b) RMS may vary
this practice by agreement between management and the majority of staff for
reasons including geographic, climatic or urgent works. In such cases:
you may take a minimum of two weeks annual leave for
the Christmas period in addition to the Public Holidays
the minimum period may be reduced with agreement
between management and the majority of staff (the whole office, specific gangs
or depots within an office), and the balance of annual leave is then taken at a
time that generally coincides with school holidays.
(c) If the whole or
part of a depot is temporarily closed or reduced to a minimum function for the
purposes of annual holidays, and you do not have sufficient leave to cover this
period, RMS seeks to find you work. However, if work is not available you may
be required to take leave without pay.
(d) If you are
required to take leave without pay during the annual close down period:
you are paid for all Public Holidays occurring during
this period
this period counts for accrual of your annual leave.
6.3.3 Shift workers
(a) If you are a
seven day shift worker and your ordinary working period includes Public
Holidays and Sundays, you are entitled to:
an additional week of annual leave if you work this
arrangement for 12 months
additional annual leave of up to one week calculated on
a pro-rate basis if you work this arrangement intermittently.
6.3.4 Annual leave
loading
Your annual leave loading has been rolled into your
weekly pay by increasing it by 1.35%.
This was effective from 1 December 1994.
6.4 Long service
leave
6.4.1 General
(a) The entitlement
to long service leave is set by the Transport Administration Act 1988
(NSW).
(b) If you have
completed 10 years service recognised by RMS, you are entitled to long service
leave of:
44 working days at full pay, or
88 working days at half pay, or
22 working days at double pay.
(c) For each
additional calendar year of service completed in excess of 10 years, you accrue 11 working days long service leave.
(d) From 1 January
2005, if you have completed 7 years of continuous service with RMS, or as
recognised in accordance with g) and h) below, you are entitled to access your
long service leave accrual indicated in b) above on a pro rata basis of 4.4
working days per completed year of service.
(e) If you are a
part-time or casual staff member, you are entitled to long service leave on the
same basis as that applying to full-time staff, but payment for the leave will
be calculated on a pro rata basis.
(f) If you are a
shift worker, the number of working days debited during your period of leave
may include a Saturday or Sunday that may form a part of the ordinary roster.
(g) All previous
full-time (including limited duration) and part-time service with Roads and
Maritime Services, the former Roads and Traffic Authority of New South Wales,
Department of Main Roads, Department of Motor Transport or the Traffic
Authority is taken into account as service when determining the appropriate
rate of accrual of long service leave for staff employed on a full-time,
part-time or casual basis.
(h) Service with
other NSW government bodies is also recognised in accordance with Schedule 3A
of the Public Sector Employment and Management Act 2002.
(i) Nothing in
paragraphs g) or h) entitles you to payment for previous service recognised,
where the accrual for that service has previously been taken as long service
leave or paid out on termination.
6.4.2 Effect of
approved leave without pay (LWOP) on long service leave entitlements
(a) To determine if
you have completed the required 10 years of service:
any period of approved leave taken without pay before
13 December 1963 counts towards calculating your length of service
any period of approved leave taken without pay after 13
December 1963 does not count towards your length of service.
(b) If you have 10
years continuous service with RMS, or as recognised in accordance with
paragraphs 6.4.1 g) and h) above, approved LWOP for the reasons listed below
counts as service for long service leave accrual:
military service (eg. Army, Navy or Air Force)
major interruptions to public transport
periods of leave accepted as workers compensation.
(c) If you have
completed 10 years continuous service with RMS, or as recognised in accordance
with paragraphs 6.4.1 g) and h) above, any period of approved LWOP not
exceeding six months counts for the purposes of calculating your length of
service.
6.4.3 Taking of long
service leave
(a) Subject to RMS
approval, you may take long service leave:
at a time convenient to RMS;
for a minimum period of one hour
at full pay, half pay or double pay.
(b) If you choose to
take your leave at double pay, your:
long service leave balance is debited for the actual
number of working days/hours of leave at full pay, plus the equivalent number
of working days/hours at full pay necessary to make up the additional payment
additional payment is made to you as a taxed,
non-superable allowance
leave entitlements accrue based on the actual number of
working days you are absent from work while on long service leave.
(c) If you choose to
take your leave at half pay, your:
long service leave balance is debited at the rate of
half the days/hours taken as long service leave
recreation leave entitlements accrue at half the
ordinary rate for the days/hours you are absent from work
other entitlements accrue at the same rate for the
actual days/hours you are absent from work.
(d) If your ordinary
hours of work are constant, payment is made at your current rate of pay.
(e) If you are
part-time or casual and your ordinary hours are not constant, payment is made
based on your substantive rate of pay averaged over the past 12 months or the
past 5 years, whichever is greater.
(f) Your payment
includes all allowances in the nature of wages but does not include any amounts
normally paid for shift work, overtime, penalty rates or disabilities.
(g) Your payment is
increased to reflect any increment action that you become eligible for while
you are absent on long service leave.
(h) If you take long
service leave while in service, you may choose to be paid fortnightly or in one
lump sum in advance of taking the leave.
6.4.4 Sick leave while
on long service leave
(a) You are entitled
to claim sick leave that occurs during an absence on long service leave when
you are sick for five or more consecutive days.
(b) To claim sick
leave, you must provide a medical certificate for the period claimed as soon as
possible.
(c) If sick leave is
approved, your long service leave balance is re-credited with:
the equivalent period of sick leave if you are taking
leave on a full or half pay basis; or
the equivalent period of sick leave and the extra
amount of long service leave entitlement accessed to make up the double pay
allowance if you are taking leave on a double pay basis.
(d) If you take your
long service leave at double pay, RMS recoups any allowance already paid to you
for the period being claimed as sick leave.
(e) All the above
apply if you take long service leave prior to your retirement but not if you
take it prior to resigning or being terminated.
6.4.5 Public holidays while
on long service leave
(a) Public Holidays
that fall while you are absent on long service leave are not recognised as long
service leave and are not deducted from your long service leave balance.
(b) Payment for such
a Public Holiday is calculated as ordinary hours of work and paid at single
time, even if you have chosen to take your long service leave at half-pay or
double pay.
6.4.6 Payment or
transfer of long service leave on termination
(a) If you are
entitled to long service leave on termination of your employment, including
retirement, you are paid the monetary value of the leave as a gratuity, in lieu
of taking the leave.
(b) If you are
employed on a full-time basis, your payment is calculated at the substantive
rate of pay on your last day of service.
(c) If you have at
least five years’ but less than seven years' service as an adult, you are paid
pro-rata long service leave if your employment is terminated:
by RMS for any reason other than serious and
intentional misconduct, or
by your request in writing on account of illness,
incapacity, domestic or other pressing necessity, or
(d) In the event of
c) applying, any period of leave without pay taken does not count as service.
(e) If you resign to
join another Government Department, and meet the requirements as defined by,
Schedule 3A of the Public Sector Employment and Management Act 2002, you are
entitled to have your long service leave accrual accepted by your new employer.
6.5 Sick leave
6.5.1 General
(a) Your sick leave
year commences on 1 January. If you
commence duty during the course of a calendar year you are credited with a
pro-rata entitlement of 96 hours per year.
(b) RMS may defer
payment of your sick leave payment if you take sick leave during your first
three months of service. In such cases, payment is deferred until after you
have completed three months’ service.
(c) After your first
year of service, you are granted sick leave on full pay to a maximum of 96
hours in each sick leave year.
To be eligible for sick leave, RMS must be satisfied
that your absence is not due to an illness or incapacity attributable to
misconduct.
(d) If you leave RMS
and are re-employed in the same year, you are entitled to the lesser of:
a maximum 96 hours sick leave, or
the number of sick leave days you would have been
entitled to had your employment been continuous from the date you were first
employed that year.
(e) Previous periods
of employment are not taken into account for sick leave purposes.
(f) Any sick leave
not taken during your leave year accumulates and you may use it, as required,
for genuine absences due to illness or incapacity.
(g) If you are
unable to attend work due to an illness or injury, you must contact your
supervisor as soon as reasonably practicable preferably before your normal
starting time. You must advise your supervisor of:
your inability to attend work
the nature of your illness or incapacity, and
the estimated period of your absence from work.
(h) The granting of
paid sick leave shall be subject to you providing evidence which indicates the
nature of illness or injury. If you are
concerned about disclosing the nature of the illness to you manager you may
elect to have the application for sick leave dealt with confidentially by an
alternate manager or Human Resource Strategy Branch.
(i) If you are
absent from duty for more than 2 consecutive working days because of illness
you must provide a medical certificate to RMS in respect of your absence.
(j) If you take
sick leave in excess of 5 uncertified working days in a calendar year you may
be required to produce medical certificates for any further sick leave absences
for the remainder of that calendar year.
(k) As a general
practice backdated medical certificates will not be accepted. However, if you provide evidence of illness
that only covers the latter part of the absence, you may be granted sick leave
for the whole period if RMS is satisfied that the reason for your absence is
genuine.
(l) If RMS is
concerned about the diagnosis described in the evidence of illness produced by
you, after discussion with you, the evidence provided and your application for
leave can be referred to a medical practitioner for advice.
The type of leave granted to you will be determined by
RMS based on the medical advice received.
If sick leave is not granted, RMS will, as far as
practicable, take into account your wishes when determining the type of leave
granted.
(m) RMS may direct
you to participate in a return to work program if you have been absent on a
long period of sick leave.
(n) Nothing in
clause 6.5.1 removes the right of RMS to request medical certificates for
single day absences where required or from referring you to a medical
practitioner for other reasons as prescribed in RMS's sick leave policy.
(o) If you have
exceeded five (5) uncertified sick days in a twelve (12) month period or where
you exhibit a pattern of taking sick days immediately preceding or following
weekends, RDO/ADO, public holidays or any other planned absences from the
workplace, RMS may restrict your access to overtime.
(p) The reference in
this clause to evidence of illness shall apply, as appropriate:
for absences up to and including 5 working days
evidence may be provided by a registered doctor, dentist, optometrist,
chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or at
RMS's discretion, other forms of evidence that satisfy that you had a genuine
illness including from another registered health services provider,
where the absence exceeds five working days, and unless
the health provider listed above is also a registered medical practitioner,
applications for any further sick leave must be supported by evidence of
illness from a registered medical practitioner.
(q) If you have used
all your accrued sick leave and are unable to return to work due to an illness
or incapacity and you have supporting medical certificates, you may take:
accrued annual leave
accrued long service leave, or
sick leave without pay.
6.5.2 Leave and
workers’ compensation claims
(a) If you are
waiting on the outcome of a claim for worker's compensation, you may be granted
accrued sick leave. If your compensation claim is approved, sick leave taken is
restored to your entitlement.
(b) If you are
absent from work for more than 26 weeks and you have:
sufficient sick leave available, you may use your
available sick leave to top-up the difference between the statutory rate and
your ordinary rate of weekly wage, less any shift loadings or other penalties
insufficient sick leave available, you receive the
statutory weekly compensation payments only.
6.5.3 Illness while on
annual leave
(a) If you are sick
for any period while on annual leave and you have a supporting medical
certificate, you are entitled to:
accrued sick leave for the period covered by the
medical certificate
have your annual leave replaced by the sick leave and
your leave annual leave re-credited.
(b) You are not
granted sick leave for any annual leave taken prior to resigning or terminating
your services.
6.6 Maternity leave
(a) If you are a
female staff member (including part-time and casual staff members who have
worked for RMS on a regular and systematic basis for at least 12 months), you
are entitled to unpaid maternity leave to enable you to retain your position
and return to work within a reasonable time after the birth of your child.
(b) You may be
granted unpaid maternity leave on the following basis:
up to nine weeks before the expected date of birth
up to 12 months after the actual date of birth
(c) If you are a
permanent or limited duration staff member, you may be granted paid maternity
leave if you have completed at least 40 weeks continuous service in the NSW
public sector prior to the expected date of birth of your child at the ordinary
rate of pay for:
fourteen weeks at full pay, or
28 weeks at half pay, or
a combination of the two options above.
(d) You can request
the equivalent pay for the period of leave in (c) above as a lump sum to be
paid in advance of starting your maternity leave.
(e) Your lump sum
payment is made up to the maximum period indicated in (c), or for the period of
leave actually taken, whichever is the lesser.
(f) If you request
to be paid for maternity leave as a lump sum and then request to return to work
before the period of leave is completed, you must repay the remainder of the
lump sum amount.
(g) If you receive
payment under this clause you are not entitled to any payment under clause 6.8
Parental Leave.
(h) If you are on
one form of leave and your child is born before the expected date of birth,
your maternity leave commences from the date of birth of the child.
(i) RMS shall not
fail to re-engage you if you are a regular casual employee (see section 53(2)
of the Industrial Relations Act 1996) because:
You or your spouse is pregnant; or
You have been immediately absent on maternity leave.
The rights of RMS in relation to your engagement and
re-engagement are not affected, other than in accordance with this subclause.
(j) If you commence
a subsequent period of maternity leave or adoption leave within 24 months of
commencing an initial period of maternity or adoption leave you will be paid:
at the rate you were paid before commencing the initial
leave if you have not returned to work; or
at a rate based on the hours you worked before the
initial leave was taken, where you have returned to work and reduced your hours
during the 24 month period; or
at a rate based on the hours you worked prior to the
subsequent period of leave where you have not reduced your hours.
6.7 Adoption leave
(a) You are entitled
to adoption leave if you are the person who assumes the primary role in
providing care and attention to an adopted child.
(b) Adoption leave
starts from the date of taking custody of the child.
(c) All staff
(including casual staff members who have worked for RMS on a regular and
systematic basis for at least 12 months) are entitled to unpaid adoption leave
and this may be taken as:
short adoption leave, being three weeks leave without
pay
extended adoption leave:
up to 12 months on leave without pay
including any short or paid adoption leave
(d) If you are a
permanent or limited duration staff member, you may be granted paid adoption
leave if you have completed at least 40 weeks continuous service with a NSW
public sector organisation prior to taking custody of the child, at your
ordinary rate of pay for:
fourteen weeks or;
28 weeks at half pay, or;
a combination of the above two.
(e) You can request
the equivalent pay for the period of leave in subclause d) above , as a lump
sum that is paid in advance of starting adoption leave.
(f) Your lump sum
payment is made up to the maximum period indicated or for the period of leave
actually taken, whichever is the lesser.
(g) If you request
to be paid for adoption leave as a lump sum and then you request to return to
work before the period of leave is completed, you must repay the remainder of
the lump sum amount.
(h) If you receive
payment under this clause you are not entitled to any payment under clause 6.8
Parental Leave.
(i) If your partner
is employed in the public sector, adoption leave is only granted to one of you
for each adoption.
(j) RMS shall not
fail to re-engage you if you are a regular casual employee (see section 53(2)
of the Industrial Relations Act 1996) because you are or have been
immediately absent on adoption leave. The rights of RMS in relation to your
engagement and re-engagement are not affected, other than in accordance with
this subclause.
(k) If you commence
a subsequent period of maternity leave or adoption leave within 24 months of
commencing an initial period of maternity or adoption leave you will be paid:
at the rate you were paid before commencing the initial
leave if you have not returned to work; or
at a rate based on the hours you worked before the
initial leave was taken, where you have returned to work and reduced your hours
during the 24 month period; or
at a rate based on the hours you worked prior to the
subsequent period of leave where you have not reduced your hours.
6.8 Parental leave
(a) If you are not
entitled to maternity or adoption leave, you may be entitled to unpaid parental
leave to enable you, as a parent, to share in the responsibility of caring for
your child or children, including if you are a casual employee who has worked
for RMS on a regular and systematic basis for at least 12 months.
(b) If you are
employed on a full time or part time basis and you have completed at least 40
weeks continuous service with a NSW public sector, you are entitled to paid
parental leave of:
one week at full ordinary pay; or
two weeks at half ordinary pay
the remainder of any requested leave is treated as
unpaid leave.
(c) Unless otherwise
agreed, your entitlement to paid parental leave is paid at full ordinary pay
for the first five days of approved leave, as set out in subclause b) above.
(d) You may take
approved parental leave as:
short parental leave for an unbroken period of up to
five working days at the time of the birth or other termination of your
spouse’s or partner’s pregnancy or, in the case of adoption, from the date of
taking custody of your child or children
extended parental leave for a period not exceeding 12
months, less any paid or short parental leave already taken, as outlined above.
(NB. extended parental leave is unpaid.)
(e) You may commence
your extended parental leave at any time within two years from the date of the
birth of your child or the date of placement of the adopted child and leave may
be taken:
full-time for a period not exceeding 12 months or;
part-time over a period not exceeding two years or;
partly full-time and partly part-time over a
proportionate period of up to two years.
(f) RMS shall not
fail to re-engage you if you are a regular casual employee (see section 53(2)
if the Industrial Relations Act 1996) because you are or have been
immediately absent on parental leave. The rights of RMS in relation to your
engagement and re-engagement are not affected, other than in accordance with
this subclause.
6.9 Communication
during Maternity, Adoption and Parental Leave
(a) If you are on
maternity, adoption and parental leave and a definite decision has been made to
introduce significant change at the work place, RMS shall take reasonable steps
to:
Make information available in relation to any
significant effect the change will have on the status or responsibility level
of the position you held before commencing maternity, adoption or parental
leave; and
Provide an opportunity for you to discuss any
significant effect the change will have on the status or responsibility level
of the position you held before commencing maternity, adoption or parental
leave.
(b) You shall take
reasonable steps to inform RMS about any significant matter that will affect
your decision regarding the duration of maternity, adoption or parental leave
to be taken, whether you intend to return to work and whether the you intend to
request to return to work on a part-time basis.
(c) You shall also
notify RMS of changes of address or other contact details which might affect
RMS’s capacity to comply with paragraph (a).
6.10 Rights of request
during Maternity, Adoption or Parental Leave
(a) If you are
entitled to maternity, adoption or parental leave, you may request that RMS
allow you:
To extend your period of unpaid maternity, adoption or
parental leave for a further continuous period of leave not exceeding 12
months;
To return from a period of maternity, adoption or
parental leave on a part-time basis until your child reaches school age;
To assist you in reconciling your work and parental
responsibilities.
(b) RMS shall
consider the request having regard to your circumstances and, provided the
request is genuinely based on your parental responsibilities, may only refuse
the request on reasonable grounds related to the effect on the workplace or
RMS’s business. Such grounds might include cost, lack of adequate replacement
staff, loss of efficiency and the impact on customer service.
(c) Your request and
RMS decision to be in writing
Your request and RMS’s decision made under paragraph
(a) must be recorded in writing.
Where you wish to make a request under (a), dot point
2, such a request must be made as soon as possible but no less than seven weeks
prior to the date upon which you are due to return to work from maternity,
adoption or parental leave.
6.11 Family and
community service leave
(a) You may be
granted family and community service leave for reasons related to unplanned and
emergency family responsibilities or other emergencies outlined in subclause
(b). RMS may also grant leave for
purposes as outlined in subclause (c).
Non emergency appointments or duties shall be scheduled or performed
outside normal working hours or through approved use of other appropriate
leave.
(b) Such unplanned
and emergency situations may include, but not be limited to, the following:
Compassionate grounds, such as the death or illness of
a close member of the family or a member of your household;
Emergency accommodation matters up to one day, such as attendance
at court as defendant in an eviction action, arranging accommodation, or when
required to remove furniture and effects;
Emergency or weather conditions; such as when flood,
fire, snow or disruption to utility services etc, threatens your property
and/or prevents you from reporting for duty;
Attending to emergency or unplanned or unforeseen
family responsibilities, such as attending a child's school for an emergency
reason or emergency cancellations by child care providers;
Attendance at court by you to answer a charge for a
criminal offence, only if the Department Head considers the granting of family
and community service leave to be appropriate in a particular case;
(c) Family and
Community Service Leave may also be granted for:
Your absence during normal working hours to attend
meetings, conferences or to perform other duties, for holding office in Local
Government, and whose duties necessitate absence during normal working hours
for these purposes, provided that you do not hold a position of Mayor of a
Municipal Council, President of a Shire Council or Chairperson of a County
Council; and
Your attendance as a competitor in major amateur sport
(other than Olympic or Commonwealth Games) or if you are selected to represent
Australia or the State.
(d) The maximum
amount of family and community service leave payable at ordinary rates that you
may be granted is the greater of:
Conditions
|
Entitlement
|
|
|
In the first 12 months of services
|
19 hrs (2.5 days)
|
In the second year of service
|
19 hrs (2.5 days)
|
For each completed year of service after two years
|
|
completed services
|
7.6 hrs (1 day)
|
(e) If you are a
part-time employee, family & community service leave is available to you on
a pro-rata basis, based on your number of hours worked.
(f) If your family
& community service leave is exhausted, you may be granted additional paid
family and community service leave of up to 3 days on a discrete, 'per
occasion' basis to cover the period necessary to arrange or attend the funeral
of a family member or relative.
(g) For the purposes
of this subclause, "family" means your:
spouse
de facto spouse, being a person of the opposite sex who
lives in the same house as you as your husband or wife on a bona fide basis,
although you are not legally married
child or adult child (including an adopted child, step
child, foster child or ex-nuptial child)
parent (including a foster parent or legal guardian)
grandparent or grandchild
sibling (including the sibling of a spouse or de facto
spouse)
same-sex partner who you live with as a de facto
partner on a bona fide domestic basis, and
relative who is a member of the same household where,
for the purposes of this definition:
'relative' means a person related by blood, marriage,
affinity or Aboriginal kinship structures;
'affinity' means a relationship that one spouse or
partner has to the relatives of another; and
'household' means a family group living in the same
domestic dwelling.
(h) Subject to
approval, your accrued sick leave may be accessed when your family &
community service leave has been exhausted, to allow you to provide short-term
care or support for a family member who is ill.
(i) Access to other
forms of leave is available to you for reasons related to family
responsibilities or community service, subject to approval. These include:
Accrued recreation leave
Leave without pay
Time off in lieu of payment for overtime.
Make up time.
(j) You may elect,
with RMS’s agreement, to take annual leave at any time within a period of 24
months from the date at which it falls due.
(k) You may elect,
with the consent of RMS, to take annual leave not exceeding ten single days in
single-day periods, or part thereof, in any calendar year at a time or times
agreed between yourself and RMS.
(l) Depending on
your circumstances, you may take an individual form of leave or a combination
of leave options. It is RMS’s intention that each request for family and
community service leave be considered equitably and fairly.
(m) If you were
appointed to RMS and had immediate previous employment in the NSW Public Sector
you may transfer your family and community service leave accruals from your
previous employer.
(n) Bereavement
entitlements for casual employees:
If you are a casual employee, you are entitled to not
be available to attend work, or to leave work upon the death in Australia of a
person prescribed in paragraph (e) of this subclause.
If you need to be unavailable to attend work for
bereavement reasons, you and RMS shall agree on the period for which you will
be entitled to not be available to attend work. In the absence of agreement,
you are entitled to not be available to attend work for up to 48 hours (i.e.
two days) per occasion. You are not entitled to any payment for the period you
do not attend.
If required by RMS, you must establish, by production
of evidence of the need to take leave, such as a death certificate or statutory
declaration providing details of the circumstances of death.
RMS shall not fail to re-engage you because you
accessed the entitlements provided for in this subclause. The right of RMS to
engage or not engage you is otherwise not affected.
(o) Personal carers
entitlement for casual employees:
If you are a casual employee, you are entitled to not
be available to attend work, or to leave work if you need to care for a person
prescribed in paragraph (e) of this subclause who is sick and requires care and
support, or who requires care due to an unexpected emergency, or the birth of a
child.
RMS and you shall agree on the period for which you
will be entitled to not be available to attend work. In the absence of
agreement, you are entitled to not be available to attend work for up to 48
hours (i.e. two days) per occasion. You are not entitled to any payment for the
period you do not attend.
If required by RMS, you must establish, by production
of a medical certificate or statutory declaration, the illness of the person
concerned.
RMS shall not fail to re-engage you because you
accessed the entitlements provided for in this subclause. The rights of RMS to
engage or not the engage you are otherwise not affected.
6.12 Study Leave
(a) You are entitled
to study leave if you are studying a course which:
is appropriate to your present classification
is relevant to RMS, or
provides you with progression or reclassification
opportunities.
(b) Study leave is
granted as follows:
Leave basis
|
Leave entitlement
|
Face-to-face students
|
The lesser of:
|
|
One half hour for every hour of lectures,
|
|
up to a maximum of four hours per week, or
|
|
Twenty days per academic year
|
Correspondence students
|
The lesser of:
|
|
One half hour for every hour of lecture
|
|
time in the face-to-face course, up to a
|
|
maximum of four hours per week, or
|
|
Twenty days per academic year
|
6.13 Examination and
pre-examination leave
To assist you when attempting final examinations in
approved courses and to free you from work immediately prior to an examination,
you are allowed a maximum of:
(a) five days
examination leave per calendar year for time spent travelling to and from and
attending final examinations, or
(b) half a day for
pre-examination leave on the day of the examination, up to a maximum of five
days per calendar year.
6.14 Military leave
If you are a part-time member of the Navy, Army
(including 21st Construction Regiment) or Air Force Reserves you are eligible
for military leave in accordance with RMS policy as follows:
Naval and Military Reserves up to 24 working days per
year.
Air Force Reserves up to 28 working days per year.
6.15 Special leave
You may be granted special leave for certain activities
that are not covered by other forms of leave, including:
jury service
as a witness when called or subpoenaed by the Crown
emergency volunteers
declared emergencies
emergency services and bush fire fighting courses
volunteers in policing - education programs
trade union activities and training, including
trade union training (up to 12 days every two years)
attending as a witness for a trade union
assisting counsel or acting as a union advocate
acting as a member of a conciliation committee
loan of your services to a trade union
as a member of a union executive or council
ex-armed services personnel (eg. Medical Review Board,
etc.)
National Aborigines' Day
other miscellaneous activities associated with your
required involvement:
as a returning officer
with local government - holding official office
with retirement seminars
as a bone marrow donor
with exchange awards- (eg. Rotary or Lions)
at sporting events -(eg. Olympic or Commonwealth Games)
with graduation and other academic ceremonies
with professional or learned society
meetings/conferences.
7.
Travel/Accommodation
7.1 Fares and
travelling
Subclauses 7.1.1 and 7.1.2 do not apply to you if you
are:
attached to the Sydney Harbour Bridge maintenance
office.
a Traffic Signals Technicians’ Assistant.
Subclauses 7.1.1, 7.1.2 and 7.1.3 will not apply if
instead of using your own vehicle where you would have received payment for
fares and/or travelling RMS provides you with a work vehicle to travel between
your place of residence and the job site.
7.1.1 Fares
(a) This subclause
applies where a fare can be established by a recognised public transport route
from your residence to your work place or established pick-up point.
(b) If you travel to
and from work by public transport you are paid all fares actually and
necessarily incurred in excess of an amount per week or an amount per day, as
stated in Table 2, "Other Rates and Allowances" in Part B,
"Monetary Rates" of this Award. However, if RMS provides camping
facilities or equivalent, and you travel to and from your residence each day,
the excess fares described above, are not paid.
(c) If you spend
more than 10 minutes travelling each way between the nearest stopping place of
any public transport service and your work you are paid for that time at your
ordinary pay rate. Walking time is calculated at a rate of 1 km every 12
minutes.
(d) If you elect to
travel by your own transport, or because public transport is unavailable/impracticable,
RMS pays the fare equivalent of public transport only.
(e) Fares are only
paid if you make a claim within 14 days of the date you incurred the expense.
(f) If you choose
to move your residence and this involves an increased cost to RMS, RMS reserves
the right to base your fare payment on the distance travelled from your
previous residence.
7.1.2 Travelling
Allowance
The following allowance provisions do not apply where
payment is made in accordance with clause 7.1.1, Fares.
(a) If accommodation
is not provided, public transport is not available and RMS does not provide
transport, you are paid an amount per day, as set out in Table 2, "Other
Rates and Allowances", in Part B, "Monetary Rates" of this
Award, for the appropriate distance you must travel, as follows:
3, but not more than 10 km
More than 10 km but not more than 20 km
More than 20 km but not more than 30 km
More than 30 km but not more than 40 km
More than 40 km but not more than 50 km
More than 50 km but not more than 60 km
More than 60 km but not more than 70 km
More than 70 km but not more than 80 km
More than 80 km but not more than 90 km
More than 90 km but not more than 100 km
(b) If you are
directed to report to the worksite, amenities are provided in accordance with
the WorkCover Code of Practice - Amenities for Construction Work.
(c) If your work or
established reporting place is more than 100 km from your residence, RMS
provides accommodation, as per subclause 7.2(b), or suitable transport.
(d) If RMS provides
accommodation and you choose to travel to and from your residence each day, RMS
does not pay a travelling allowance in excess of the 100 km rate.
(e) If you choose to
move your place of residence and this involves an increased cost to RMS, RMS
reserves the right to base your travel allowance on the distance travelled from
your previous residence.
7.1.3 Transport
provided by RMS
(a) Where RMS
provides you with a vehicle to travel to a worksite, RMS pays travel time at
ordinary rates for the time you spend travelling in excess of:
10 minutes each way from an established pick up point
or a point no more than 3 km from your residence, or
20 minutes each way when you are provided with
accommodation.
(b) Travelling time
will not be more than three hours each day. All time in excess of this is
counted as work time and travel time at overtime rates.
(c) Vehicles will
leave promptly at finishing time.
(d) Travel time is
paid at ordinary rates where your worksite has facilities as outlined in the
WorkCover Code of Practice - Amenities for Construction Work. If your worksite
does not have these facilities, the time you spend travelling is deemed work
time or travel time at overtime rates.
(e) If you are the
driver of an RMS vehicle and you transport other staff and materials to and
from the worksite, you are paid overtime. If you are not the driver of such
vehicles, you are paid travel time at ordinary rates. You are also paid travel
time at ordinary rates if you use an RMS vehicle to attend training or other meetings.
(f) If RMS
transfers you from one job to another during working hours, RMS must:
pay your time spent travelling as time worked or
overtime in accordance with (b) above, plus any additional fares
return you to the point from which you were transferred
if RMS was unable to notify you the day before.
7.2 Distant work
(a) If you are a
Traffic Signals Technicians' Assistant this subclause does not apply to you
because you receive arrangements commensurate with salaried staff when engaged
on distant work.
(b) "Distant
work" is employment at a workplace that requires you to live away from
your usual residence.
(c) If you are sent
from one place to another, RMS either:
(i) Provides you
with accommodation and pays for your meals, as follows:
At an established RMS camp
At a well kept establishment of at least 3 star motel
accommodation (as defined in the NRMA Accommodation Directory) in either a
single room or a twin room if a single room is not available
If suitable motel accommodation is not available, a
single room hotel or private accommodation may be provided
If suitable motel, hotel or private accommodation is
not available, you may be accommodated in a caravan park
If a suitable caravan park is not available, you may be
accommodated in a caravan with a toilet, shower and air conditioning or another
agreed facility. Caravans must include showers, air-conditioning and a toilet.
Or,
(ii) Pays you a
‘Country Allowance’ to provide for meals and overnight accommodation. This
allowance is only paid for days when an overnight stay is involved. The daily
rate is stated in Table 2, "Other Rates and Allowances" in Part B,
"Monetary Rates (Country Allowance)" in this Award.
(d) When you are
provided with accommodation, you may elect not to have your meals paid for and
to receive an amount, as stated in Table 2, "Other Rates and
Allowances" in Part B, "Monetary Rates" of this Award, for
breakfast, lunch, dinner and any incidental expenses incurred.
(e) If you are
provided with accommodation and meals you are entitled to an incidental payment
of a set amount for each night spent away from your residence or headquarters,
as stated in Table 2, "Other Rates and Allowances" in Part B,
"Monetary Rates" of this Award.
(f) Where possible
RMS provides you with transport to and from Distant Work at the beginning and
end of each work week/period. In this case the time you spend travelling to and
from Distant Work is paid as per subclause 7.1.3.
(g) Where RMS cannot
provide you with this transport:
and you use your own private vehicle you are reimbursed
the specified journey at a set rate per kilometre, as stated in Table 2,
"Other Rates and Allowances" in Part B, "Monetary Rates" of
this Award, or
RMS reimburses you for the cost of fares and return
fares, and
You are paid for the time you spend travelling, as per
subclause 7.1.3.
(h) If you are
required to report for duty on Distant Work, RMS will notify you at least two
days before it is necessary for you to travel, except in case of emergency or
unforeseen circumstances.
(i) If RMS and the
majority of staff engaged on Distant Work agree, your ADO may be taken at a
time mutually agreed, or accrued up to a maximum of five days. Refer to clause
4.2 Working Hours.
(j) Camps and
accommodation must fulfil the requirements of the Work Health and Safety Act
2011 and its regulations at all times.
7.3 Amenities
7.3.1 General
(a) RMS provides
amenities for all staff engaged on works in accordance with the Workcover Code
of Practice - Amenities for Construction Work.
(b) If you are a
tradesperson, RMS will provide you with a suitable, secure, weatherproof
lock-up at the work place for your tools. If a lock-up is not provided and your
tools are stolen by reason of RMS's negligence, RMS compensates you for the
loss, in accordance with Clause 8.5 - Tools.
7.3.2 Sydney Harbour
Bridge maintenance staff
(a) If you are SHB
maintenance worker, RMS provides a "clean/dirty" area for you to
store your personal clothing separate from your protective clothing.
(b) This area must have
sufficient washing and showering facilities separated from all dirty sections
of the area.
(c) You are allowed
the following breaks:
Five minutes before lunch to wash and put away personal
belongings, or
Ten minutes before lunch if you have been performing
tasks associated with lead paint removal (as outlined in 5.2.3), to shower and
put away personal belongings, and
Ten minutes before finishing time to shower, and
Enough time before lunch and finishing time to reach an
area from your place of work on the bridge.
(d) You are provided
with separate area for the storage of your clothes, tools and food. This area
must not contain painting materials.
7.4 Tea breaks and
drinking water
(a) If you are not a
SHB maintenance worker, you are entitled to a paid 20 minute morning tea break,
as agreed with RMS. This break should not necessarily cause work stoppage.
RMS provides:
tea and coffee making facilities
cool drinking water.
(b) If you are a SHB
maintenance worker, you are entitled to a ten minute:
morning tea break, to be taken alongside your lunch
break, and
tea break immediately before finishing time.
8. Other Conditions
8.1 First aid
For full details, refer to the Work Health and Safety
Regulation 2011.
If RMS appoints you to perform first aid, you are paid
an additional daily amount, as stated in Table 2, "Other Rates and
Allowances", in Part B, "Monetary Rates" of this Award.
8.2 Union
contributions
(a) The unions shall
provide RMS with a schedule setting out its fortnightly membership fees payable
by its members in accordance with its rules.
(b) The unions shall
advise RMS of any change to the amount of fortnightly membership fees made
under its rules. Any variation to the schedule of union fortnightly membership
fees payable shall be provided to RMS at least one month in advance of the
variation taking effect.
(c) Subject to (a)
and (b) above, if you are a member of the union, RMS shall deduct your union
fortnightly membership fees from your pay if you have authorised in writing, RMS
to make such deductions
(d) Monies so
deducted from your pay shall be forwarded regularly to the union together with
all necessary information to enable the union to reconcile and credit
subscriptions to your union membership account.
(e) Unless other arrangements
are agreed to by RMS and the union, your union membership fees shall be
deducted on a fortnightly basis.
(f) If you have
already authorised the deduction of your union membership fees from your pay prior to this clause taking effect,
nothing in this clause shall be read as requiring you to make a fresh
authorisation in order for such deductions to continue.
8.3 Union
representatives
If you are an elected union representative and you have
been notified and accepted by RMS as an accredited union representative, you
are allowed sufficient time in work hours to interview the supervisors,
managers and staff you represent on matters affecting them.
8.4 Certificates and
licences
Your weekly pay rate, as stated in Table 1, "Rates
of Pay", in Part B, "Monetary Rates" includes 50 cents for your
drivers’ licence whether or not you are required to drive plant items or motor
vehicles. This is effective from your first full pay period commencing on or
after 1 July 1997.
8.5 Work apparel
8.5.1 General
(a) The work apparel
issued to you in accordance with this clause is in addition to any other
required personal protective clothing and equipment (PPE) issued by RMS.
(b) RMS issues, free
of cost, the following work apparel:
Item
|
Number
|
Trousers*
|
Five (5) in total, in any combination
|
Shorts*
|
|
Long pants*
|
|
High-visibility, long sleeve shirt*
|
Five (5) in total, in any combination
|
Cotton drill long sleeve shirt*
|
|
Windcheater (sloppy joe)
|
Two (2)
|
Jacket (light, heavy or spray)
|
Two (2)
|
Long socks
|
Five (5)
|
Belt
|
One (1)
|
Hat (stockman style)
|
One (1)
|
Gear bag
|
One (1)
|
* One pair of overalls may be substituted for any
pants/shirt combination.
(c) Your work
apparel is replaced on a "fair wear and tear, new for old" exchange
basis.
(d) It is a
condition of your employment that you wear the work apparel issued to you by
RMS while you are on duty.
(e) If you elect to
wear cotton drill shirts, you must wear an approved, high-visibility garment
over your shirt when you are working near traffic.
(f) You are responsible
for the cost of cleaning and maintaining your RMS-issued work apparel.
(g) If you are a
casual worker, you are initially issued with two sets of trouser and shirt
combinations, plus other essential items (eg. belts, socks). All other items
are issued on a "needs" basis (eg. winter jackets).
8.5.2 Protective
clothing
RMS must provide you with personal protective clothing
and equipment (PPE), as stated in your Safe Working Method Statements (SWMS),
to ensure your health and safety in the workplace.
8.6 Tools
8.6.1 Issue
RMS provides you with all necessary special tools
required to perform your work.
8.6.2 Insuring tools
(a) RMS insures your
tools against loss or damage by fire while the tools are on RMS premises or
worksites.
(b) RMS reimburses
you for loss of tools, as follows:
up to a value, as stated in Table 2, "Other Rates
and Allowances", in Part B, "Monetary Rates" of this Award.
if RMS has requested the tools be stored on the job
if they are stolen, by break and enter, outside ordinary
working hours.
(c) RMS may require
you to provide a list of all your tools.
8.7 Grievance
resolution and dispute settlement
8.7.1 Grievance
resolution
(a) RMS’s Grievance
Resolution Policy (contained in RMS’s Human Resources Manual) provides the
opportunity for workplace issues to be raised early and resolved locally in a
timely manner.
(b) A grievance is a
personal concern/problem about work or the work environment that the staff
member seeks hearing or resolution of, and may be the result of a perceived or
actual concern regarding:
(i) Allocation of
work or development opportunities
(ii) Workplace
communication difficulties, or interpersonal disputes;
(iii) Changes in
work processes/practices.
(c) The Grievance
Resolution Policy and Grievance Resolution Procedure should be utilised when
grievances arise..
(d) Whenever the
relevant Policy and Procedures are being followed, normal work will continue.
8.7.2 Dispute
settlement
(a) A dispute is a
complaint or difficulty which affects more than one staff member. It may relate
to a change in working conditions that is perceived to have a negative
implication on staff.
(b) It is essential
that management and the unions consult on all issues of mutual interest and
concern, not just issues considered likely to result in a dispute.
(c) Failure to
consult on all issues of mutual interest and concern to management and the
unions is contrary to the intention of the following process.
(i) If a dispute
arises in a work location and that dispute cannot be resolved between staff or
their representative and the supervisor, the dispute is referred to RMS
Manager, Industrial Relations and Policy, or delegate, who then arranges for
the dispute to be discussed with the unions.
(ii) If the dispute
cannot be resolved at this level, it is referred to RMS senior management.
(iii) If the dispute
cannot be resolved at this level, it is referred to the Industrial Relations
Commission of NSW.
(iv) While this
process is continuing, there should be no work stoppages or any other form of
work limitation.
(v) The relevant
union reserves the right to vary this procedure where a genuine safety factor
is involved, in accordance with subclause 8.7.3.
8.7.3 Disputes relating
to WHS issues
(a) RMS and wages
staff are committed to the Work Health and Safety Act 2011 and any other
relevant statutory requirements, at all times.
(b) When an WHS risk
is identified or a genuine safety factor is the source of a dispute:
(i) You have a duty
to notify RMS of the risk through your Occupational Health & Safety
Committee, and
(ii) To allow RMS a
reasonable amount of time to respond.
(iii) RMS has a duty
to address the issue identified, and
(iv) Report on the
issue within a reasonable timeframe.
(c) If you notify
WorkCover without allowing RMS a reasonable amount of time to respond to the
issue, it is a breach of the legislative provisions.
(d) RMS respects
your right to refuse to continue working due to a genuine safety issue.
(e) The unions and
you acknowledge that the creation of an industrial dispute over an OHS matter
that is not legitimate is a breach of the legislative provisions under section
268 of the Work Health and Safety Act 2011.
8.8 Anti-discrimination
(a) It is the
intention of all parties bound by this Award (RMS, the union and you) to seek
to achieve the object in section 3(f) of the Industrial Relations Act
1996 to prevent and eliminate discrimination in the workplace. This includes
discrimination on the grounds of race, sex, marital status, disability, homosexuality,
transgender identity, age and responsibilities as a carer.
(b) As such, it
follows that in fulfilling your obligations under the dispute resolution
procedure stated in this Award, all parties have an obligation to take all
reasonable steps to ensure that the operation of the provisions of this Award
are not directly or indirectly discriminatory in their effects. It is
consistent with the fulfilment of these obligations for the parties to make an
application to vary any provisions of this Award if they believe it is directly
or indirectly discriminatory.
(c) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because that employee:
(i) has made a
complaint of unlawful discrimination or harassment, or
(ii) may make a complaint
of unlawful discrimination or harassment, or
(iii) has been
involved in a complaint of unlawful discrimination or harassment.
(d) Nothing in this
clause is to be used to:
(i) promote any
conduct or act which is specifically exempted from anti-discrimination
legislation
(ii) enforce the
offering or provision of junior pay rates to people under 21
(iii) promote any
act or practice of a body established to propagate religion which is exempted
under section 56(d) of the Anti-Discrimination Act 1977
(iv) prevent any
party to this award from pursuing matters of unlawful discrimination in any
State or federal jurisdiction.
(e) This clause does
not create legal rights or obligations in addition to those imposed upon all
parties by the legislation referred to in this clause.
NOTES
1. RMS and staff
may also be subject to Commonwealth anti-discrimination legislation.
2. Section 56(d)
of the Anti-Discrimination Act 1977, states:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
9. No. Extra Claims
The parties agree that during the term of this Award
there will be no extra claims, claims for improved conditions of employment, or
demands made in respect of the staff covered under this Award, and further,
that no proceedings, claims or demands concerning wages or conditions of
employment in respect of those staff will be instituted before the Commission
or any other arbitral tribunal.
The terms of the preceding paragraph do not prevent the
parties from instigating any proceedings with respect to the interpretation,
application or enforcement of existing award provisions contained in this
Award.
10. Area Incidence
and Duration
This Award will be known as the Crown Employees (Roads
and Maritime Service - Wages Staff) Award.
This Award applies to Wages Staff employed within the
classifications set out in Part B, Monetary Rates by the Roads and Maritime
Services, Division of the Government Service of New South Wales, under Chapter
1A of the Public Sector Employment and Management Act 2002 (NSW).
This Award shall take effect on and from 4 April 2012,
and will remain in force until 30 June 2012 this being the term of the original
Award,
Part B
MONETARY RATES
Table 1 - Rates of Pay - Non Trades
Pay point
|
Positions
|
2.5% Opve
|
|
|
ffpp o/a
|
|
|
1/7/2011/week
|
|
|
$
|
1
|
Roadworker Grade 1
|
910.60
|
|
Sydney Harbour Bridge Worker Grade 1
|
|
2
|
Roadworker Grade 2
|
935.00
|
|
Sydney Harbour Bridge Worker Grade 2
|
|
3
|
Roadworker Grade 3
|
959.70
|
|
Linemarker Grade 1
|
|
|
Building Attendant
|
|
|
Sydney Harbour Bridge Worker Grade 3
|
|
4
|
Bridge Worker Grade 4
|
984.20
|
|
Technician’s Assistant Grade 1
|
|
|
Works Assistant Grade 1
|
|
|
Road Worker Grade 4
|
|
|
Plant Operator Grade 1
|
|
|
Roller Operator
|
|
|
Tow Truck Attendant
|
|
|
Linemarker Grade 2
|
|
|
Storeperson Grade 1
|
|
|
Sydney Harbour Bridge Worker Grade 4
|
|
|
Traffic Emergency Patroller
|
|
5
|
Bridge Worker Grade 5
|
1009.00
|
|
Technician’s Assistant Grade 2
|
|
|
Road Worker Grade 5
|
|
|
Plant Operator Grade 2
|
|
|
Truck Driver (MR General)
|
|
|
Truck Driver (Stores)
|
|
|
Linemarker Grede 3
|
|
|
Storeperson Grade 2
|
|
|
Rigger Grade 1
|
|
6
|
Technician’s Assistant
Grade 3
|
1033.50
|
|
Works Assistant Grade 2
|
|
|
Bituminous Spray Operator
|
|
|
Plant Operator Grade 3
|
|
|
Truck Driver (MR Gang Truck)
|
|
|
Truck Driver (HR Truck - General)
|
|
|
Water Cart Operator
|
|
|
Snowplough Operator
|
|
|
Rigger Grade 2
|
|
7
|
Works Assistant Grade 3
|
1058.10
|
|
Truck Driver (HR Gang Truck)
|
|
|
Truck Driver (Semi Trailer)
|
|
|
Rigger Grade 3
|
|
8
|
Rigger Grade 4
|
1082.70
|
|
Bitumen Spray Driver
|
|
|
Finishing Grader Operator
|
|
|
Truck Driver (Tow Truck)
|
|
9
|
Truck Driver (Road Train)
|
1107.40
|
|
Team Leader (Rigger)
|
|
|
Team Leader Grade 1
|
|
|
Team Leader (Stores)
|
|
|
Traffic Emergency Patroller (Team Leader
|
|
10
|
|
1132.00
|
11
|
|
1156.50
|
|
|
|
12
|
Team Leader Grade 2
|
1181.20
|
|
Team Leader (Tow Trucks)
|
|
Rates of Pay -
Trades
Pay point
|
Positions
|
2.5% Opve
|
|
|
ffpp o/a
|
|
|
1/7/2011/week
|
|
|
$
|
1
|
Painter Grade 1
|
991.40
|
|
Traffic Facilities Painter Grade 1
|
|
2
|
Plasterer Grade 1
|
1007.90
|
3
|
Mechanical Trades Grade 1
|
1013.10
|
|
Fitter Grade 1
|
|
4
|
Painter Grade 2
|
1016.00
|
5
|
Signwriter Grade 1
|
1020.90
|
6
|
Metal Fabricator Grade 1
|
1023.30
|
|
Plumber Grade 1
|
|
7
|
Shipwright Grade 1
|
1032.20
|
8
|
Painter Grade 3
|
1041.00
|
|
Traffic Facilities Painter Grade 2
|
|
9
|
Bridge Maintenance Welder Grade 1
|
1042.10
|
|
Construction Carpenter Grade 1
|
|
10
|
Electrician Grade 1
|
1064.10
|
11
|
Painter Grade 4
|
1065.60
|
|
Traffic facilities Painter Grade 3
|
|
12
|
Mechanical Trades Grade 2
|
1067.60
|
|
Fitter Grade 2
|
|
13
|
Signwriter Grade 2
|
1071.90
|
14
|
Metal Fabricator Grade 2
|
1074.50
|
|
Plumber Grade 2
|
|
15
|
Bridge Maintenance Welder Grade 2
|
1094.20
|
|
Construction Carpenter Grade 2
|
|
16
|
Signwriter Grade 3
|
1097.50
|
17
|
Electrician Grade 2
|
1117.40
|
18
|
Construction Carpenter Grade 3
|
1120.10
|
19
|
Mechanical Trades Grade 3
|
1121.20
|
|
Fitter Grade 3
|
|
20
|
Plumber Grade 3
|
1125.80
|
21
|
|
1156.50
|
22
|
Electrician Grade 3
|
1170.20
|
23
|
|
1174.50
|
24
|
Plumber (Team Leader)
|
1181.20
|
|
Mechanical Trades Team Leader
|
|
|
Fitter (Team Leader)
|
|
|
Bridge Maintenance Welder (Team Leader)
|
|
|
Metal Fabricator (Team Leader)
|
|
|
Construction Carpenter (Team Leader)
|
|
|
Shipwright (Team Leader)
|
|
|
Signwriter (Team Leader)
|
|
|
Painter (Team Leader)
|
|
|
Traffic Facilities Painter (Team Leader)
|
|
25
|
Electrician (Team Leader)
|
1223.40
|
Rates of Pay -
Apprentices
Pay
|
Positions
|
2.5% Opve
|
point
|
|
ffpp o/a
|
|
|
1/7/2011/week
|
|
|
$
|
Apprentice 1st Year
|
1
|
Painter/Decorator
|
443.90
|
|
Signwriter
|
|
2
|
Radio Fitter/Mechanic
|
451.60
|
|
Electrical Fitter/Mechanic
|
|
3
|
Bricklayer
|
457.50
|
4
|
Plant Mechanic
|
465.80
|
|
Motor Mechanic
|
|
|
Fitter/Turner
|
|
|
Boilermaker
|
|
|
Sheetmetal Worker
|
|
|
Blacksmith
|
|
|
Trimmer
|
|
|
Welder
|
|
|
Plumber
|
|
5
|
Carpenter/Joiner
|
485.00
|
|
Shipwright
|
|
6
|
Bridge & Wharf Carpenter
|
494.90
|
|
|
|
Apprentice 2nd Year
|
7
|
Painter/Decorator
|
575.20
|
|
Signwriter
|
|
8
|
Radio Fitter/Mechanic
|
582.80
|
|
Electrical Fitter/Mechanic
|
|
9
|
Bricklayer
|
588.60
|
10
|
Plant Mechanic
|
596.90
|
|
Motor Mechanic
|
|
|
Fitter/Turner
|
|
|
Boilermaker
|
|
|
Sheetmetal Worker
|
|
|
Blacksmith
|
|
|
Trimmer
|
|
|
Welder
|
|
|
Plumber
|
|
11
|
Carpenter/Joiner
|
616.50
|
|
Shipwright
|
|
12
|
Bridge & Wharf Carpenter
|
626.30
|
Apprentice 3rd Year
|
13
|
Painter/Decorator
|
730.10
|
|
Signwriter
|
|
14
|
Radio Fitter/Mechanic
|
737.90
|
|
Electrical Fitter/Mechanic
|
|
15
|
Bricklayer
|
743.30
|
16
|
Plant Mechanic
|
751.90
|
|
Motor Mechanic
|
|
|
Fitter/Turner
|
|
|
Boilermaker
|
|
|
Sheetmetal Worker
|
|
|
Blacksmith
|
|
|
Trimmer
|
|
|
Welder
|
|
|
Plumber
|
|
17
|
Carpenter/Joiner
|
770.90
|
|
Shipwright
|
|
18
|
Bridge & Wharf Carpenter
|
780.70
|
|
Apprentice 4th Year
|
|
19
|
Painter/Decorator
|
837.50
|
|
Signwriter
|
|
20
|
Radio Fitter/Mechanic
|
845.30
|
|
Electrical Fitter/Mechanic
|
|
|
|
|
21
|
Bricklayer
|
850.90
|
22
|
Plant Mechanic
|
859.60
|
|
Motor Mechanic
|
|
|
Fitter/Turner
|
|
|
Boilermaker
|
|
|
Sheetmetal Worker
|
|
|
Blacksmith
|
|
|
Trimmer
|
|
|
Welder
|
|
|
Plumber
|
|
23
|
Carpenter/Joiner
|
878.70
|
24
|
Bridge & Wharf Carpenter
|
888.10
|
Table 2 - Other Rates and Allowances
Clause
|
Description
|
2.5% Opve
|
|
|
ffpp o/a
|
|
|
1/7/2011
|
|
|
$
|
5.1.7
|
Sydney Harbour Bridge Maintenance Staff
|
|
(a)
|
Sydney Harbour Bridge Allowance
|
181.10
|
5.2.3
|
Lead Paint Removal Allowance
|
2.15
|
5.2.4
|
Asbestos Materials Tradespersons
|
0.88
|
5.2.5(c)
|
Asbestos Eradication Tradespersons
|
2.37
|
5.2.6(a)
|
Asphalt Plant Repairs Tradespersons
|
0.88
|
5.2.7
|
Long/Wide Loads Allowance
|
|
|
Transport Workers
|
|
|
2.90m wide or 18.29m long or 4.30m high
|
2.2450
|
|
minimum payment
|
8.98
|
|
3.36m wide or 21.34m long or 4.58m high
|
4.1975
|
|
minimum payment
|
16.79
|
5.4.6
|
Meal Allowance
|
|
(a)
|
First meal
|
11.30
|
(b)
|
Subsequent meal
|
9.50
|
7.1.1
|
Fares
|
|
(b)
|
per week
|
12.00
|
|
per day
|
2.40
|
7.1.2
|
Travelling Allowance
|
|
(a)
|
3 10 km
|
4.20
|
|
10 20 km
|
8.30
|
|
20 30 km
|
12.40
|
|
30 40 km
|
16.50
|
|
40 50 km
|
20.70
|
|
50 60 km
|
24.80
|
|
60 70 km
|
29.00
|
|
70 80 km
|
33.00
|
|
80 90 km
|
37.20
|
|
90 100 km
|
41.30
|
7.2
|
Distant Work
|
|
(c) (ii)
|
Board & lodging
|
678.30
|
|
Broken parts of week where camp not
|
96.90
|
|
provided
|
|
(d)
|
Breakfast
|
20.65
|
|
Lunch
|
23.60
|
|
Dinner
|
40.65
|
(e)
|
Incidentals
|
8.00
|
(h)
|
Private Vehicle over 2600 cc
|
0.300/km
|
|
Private Vehicle 1601 - 2600 cc
|
0.296/km
|
|
Private Vehicle under 1600 cc
|
0.252/km
|
8.1
|
First Aid
|
|
(b)
|
First aid Allowance
|
3.16
|
8.6.2
|
Insuring tools
|
|
(b)
|
Reimbursement for loss
|
1431.00
|
Appendix A
WORKPLACE REFORM
1. Benchmarking
The parties agree to co-operate in benchmarking
processes to measure performance of RMS Road Services Business Units against
other public and private sector road services providers.
2. Process
improvement
RMS, unions and wages staff are committed to ensuring
effective and efficient customer service and product delivery by analysing and
recommending changes in processes, systems or procedures which result in
improvement in productivity and/or the elimination of duplication and waste.
The regional consultative groups monitor the development and implementation of
process improvement and provide appropriate updates, reports and
recommendations to the SBU.
3. Performance
Planning and feedback
RMS will implement a performance planning and feedback
scheme that applies to all wages staff and is:
implemented in consultation with the unions that will
link performance in the workplace with the goals of RMS, its regions and work
units
supported by appropriate training
evaluated and monitored by the SBU.
This scheme recognises and reflects the increasing
importance of teams in RMS and their contribution to service and quality.
The parties are committed to:
ensuring teams and wages staff understand the
relationship or interdependence of their role with other teams and wages staff'
clearly defining expectations for each team and wages
staff member against the agreed goals of RMS and productivity standards
ensuring each team and wages staff member clearly understands RMS’s objectives,
their work unit's goals and how their role is integral to the achievement of
these objectives and goals
obtaining feedback from teams and wages staff on RMS's
work practices, management practices and possible innovations
encouraging teams and wages staff to participate in their
work unit’s decision making process.
4. Conditions of
employment
(a) The parties are
committed to the development and implementation of changes in conditions of
employment that are customer focused and are equitable in application. Any changes are:
developed and implemented in consultation with the
unions to link performance in the workplace with the goals of RMS
evaluated and monitored by the SBU.
(b) In making this
commitment, the parties accept, in principle, the need to:
review current work practices to ensure that they are
customer focused and maximise the effective and efficient use of resources
review and rationalise administrative procedures
reduce and update documentation
ensure, where possible, consistent working conditions
for all wages staff
provide opportunities for all wages staff to better
manage their working and personal lives
review current work patterns to investigate flexible
work arrangements which better meet wages staff and customers’ needs.
5. Occupational
health and safety
(a) RMS is committed
to ensuring the health, safety and wellbeing of its staff in the workplace.
This is achieved by:
implementation of appropriate health and safety
practices and procedures
appropriate management policies and practices
the active and constructive involvement of all wages
staff; and
management and wages staff representatives’
participation on occupational health and safety committees.
(b) RMS encourages
wages staff to take a constructive role in promoting improvements in
occupational health, safety and welfare to assist RMS in achieving a healthy
and safe working environment.
6. Consultation on
excess staff
RMS is committed to managing excess staff through a
consultative approach in accordance with its policy and continuous improvement
strategies.
The parties are committed to the development and
implementation of a process to ensure equitable treatment of excess staff
throughout RMS.
Such a process includes appropriate training, career
and financial assistance counselling, provision of equipment and participation
in RMS's Job Assist Scheme as set out in policy.
The implementation of any clause in this Award is not
intended to cause any forced redundancies.
It is not the intention that any clause in this Award
prevents RMS managing excess staff in accordance with Government policy and
through a consultative process with wages staff and the unions.
7. Contractors'
protocol
Where work is to be carried out by contract, including
sub-contract, RMS:
abides by the provisions of the Industrial Relations
Management Guidelines, December 1999, as developed by the NSW Government's
Construction Policy Steering Committee.
abides by the terms and conditions of RMS and Combined
Unions’ Contractors’ Protocol Policy being developed by the parties.
ensures that all tenders are properly scrutinised to
ensure that prospective tenderers would, if successful, be paying the rates and
providing conditions contained in the appropriate award and/or registered
industrial agreement, as well as complying with other statutory provisions and
RMS specified standards including but not limited to RMS's safe working
procedures, RMS's traffic control procedures and RMS's quality standards and
the provisions set out in clause A9, Work environment.
on being advised or otherwise becoming aware that a
contractor or sub-contractor is not paying award rates, providing award
conditions or complying with any other statutory provisions and RMS standards
including but not limited to RMS's safe working procedures, RMS's traffic
control procedures and RMS's quality standards, as set out in point 4, Work
Environment, of this Appendix, takes necessary action to ensure that the
situation is immediately rectified. Should the contractor or sub-contractor
continue to breach the provision then appropriate action including termination
of contract is implemented, if appropriate.
8. Agreed
procedures for market testing and contracting out
Where work is presently carried out by RMS wages staff,
the parties agree that the Government's policy on Market Testing and
Contracting Out is observed. If increased efficiency through contracting out is
to be considered, full consultation on all aspects, including the contracting
out process and the capacity of wages staff to perform the work under
contractual conditions, takes place between RMS and the unions before
initiating any change to operations presently carried out by RMS wages staff.
This is to ensure that all parties are informed of
plans and wages staff can offer input, seek clarification of issues and be kept
abreast of major developments. (See Appendix C for Principles, Definitions and
Consultative Process).
9. Unplanned
absenteeism (sick leave)
The parties are committed to implementing tailored
strategies to reduce the level of sick leave being taken by staff.
Wages staff who have a good employment and sick leave
record and who have been suffering from a genuine prolonged illness continue to
be entitled, by Chief Executive approval, to additional paid sick leave should
they exhaust their existing paid sick leave entitlement.
10. Consultation
The parties agree that in order to maximise the
benefits that can be obtained through the enterprise bargaining process there
is a need for full and open consultation on all relevant issues affecting wages
staff and unions.
The parties are committed to timely and effective
consultation which provides RMS wages staff and unions with the opportunity for
input into such matters that impact upon them prior to their implementation.
11. Communication
The parties agree to continue to implement initiatives
designed to ensure that there are structured communication processes between
RMS’s corporate directorates and Operations and Services Directorate, regional
and frontline areas to ensure timely and accurate upward and downward feedback.
12. Field Input Data
Operation
The parties agree to fully implement the Field Input
Data Operation (FIDO) system to improve scheduling and prioritising of maintenance
works.
13. Alliance
Model/Contracting of Works
The parties agree to fully implement the Alliance Model
of work in Road and Fleet Services (RFS), whereby RMS staff work along side
private industry parties in order to achieve the outcomes of RFS.
Appendix B
DEFINITIONS
Adult apprentice
Means a person who commences their apprenticeship with
RMS at age 21 years or older.
RMS
The Roads and Traffic Authority of New South Wales as
constituted under Section 46 of the Transport Administration Act, 1988.
Staff/Employee
Means a person(s) engaged by RMS, a Division of the
Government Service of New South Wales under Chapter 1A of the Public Sector
Employment and Management Act 2002 .and whose conditions of employment are
bound by this Agreement.
Safe system of work
The Safe System of Work on the Sydney Harbour Bridge is
documented in the Memorandum of Agreement between the Labor Council of NSW
(Unions NSW), the unions and the Commissioner for Main Roads, dated 28 October
1988, as amended from time to time.
Follow the job loading
Means an allowance paid as compensation for lack of
continuity of employment and for the need to change work locations in the
construction industry.
Inclement weather
Means wet weather/abnormal climatic conditions such as
hail, cold, high winds, severe dust storms, extreme high temperatures or any
combination.
Industry allowance
Staff working in the open on civil/ mechanical
engineering projects and subject to climatic conditions, ie. dust blowing in
the wind, drippings from newly poured concrete, sloppy and muddy conditions,
lack of usual amenities associated with factory work (eg. meal room, change
rooms, lockers etc.).
Call Out/Call Back
Means a request to return to work to attend to an
emergency or breakdown.
RMS Policy
Means policy set out in RMS’s Human Resources Manual.
Crib
Means a paid meal break, which is treated as time
worked.
Substantive/ordinary rate of pay
Means the rate you are paid on an hourly basis, paid
according to your contract hours of work and the weekly wage for your
classification.
Non-superable allowance
Means a payment is not taken into consideration when
calculating superannuation contribution.
Appendix C
MARKET TESTING AND
CONTRACTING OUT
Principles, Definitions and Consultative Process
1. Principles
1.1 Selection of an
area of work to market test
The following principles underlie the selection of an
area of work for market testing:
(a) The area of work
should be capable of being defined precisely. It should allow clear boundaries
to be specified and relationships with other areas of work to be defined.
(b) The area of work
should be capable of being expressed in terms of outcomes rather than RMS
having to define how the work is to be done.
(c) The performance
of an in-house team or contractor completing the work should be capable of
being accurately measured so that cost and quality are able to be clearly
determined.
(d) There should be
clear competition among bidders for the area of work.
(e) If the work is
contracted out, there should be clear opportunity to penalise or replace
contractors for poor or non-performance without causing significant
interruption to RMS business.
(f) There should be
a reasonable expectation that cost-effectiveness improvements are possible.
(g) The Market
Testing process need be applied only when the scope and nature of the project
is such that there would be "value for money" in doing this. That is,
the financial and other costs of running the process should be justifiable in
terms of the expected financial and non-financial benefits.
1.2 Conduct of
market testing projects
The following principles underlie the conduct of a
market testing project:
(a) Consultation
with staff and their representatives must be an integral part of the process
(see definition of consultation below).
(b) Market testing
of an area of work will not necessarily lead to contracting out of that work.
The decision to contract out an area of work or retain it in-house must be
based on a robust analysis of costs, benefits and risks, both financial and
non-financial. Issues to be considered include but are not limited to:
track record of performing work of that type and
quality of past work, including consideration of any examples of
non-performance in the past
reports from reference sites
past performance in management of sub-contractors
fitness and quality of the process proposed by the
bidder
financial stability of the firm
ability to meet statutory requirements, including
occupational health and safety requirements, and
calibre of the key people involved in delivery of the
work.
(c) Fair and
effective competition must be maintained among all bidders, including in-house bid
teams. Probity processes must be in place to ensure no advantage is gained by
one bidder over and others but care must be taken to ensure that probity
processes are not so onerous that they disadvantage any bidders or place heavy
costs on the process.
(d) The market
testing process used should facilitate innovation by bidders (including
in-house bidders) and support the pursuit of "best practice". This
implies that internal bid teams should be adequately resources and have access
to the relevant expertise in formulating their bids. (NB. The terms
"innovation" and "best practice" refer to the achievement
of technical and process improvement and not merely cost cutting.)
(e) Equity
objectives should be pursued in addition to efficiency and effectiveness objectives.
This means that equity in dealing with RMS’s clients and staff must be
maintained or enhanced. Equity in workplace relationships extends to safety and
EEO aspects, as well as consultation with staff and their representatives.
Workplace equity also implies management should demonstrate appropriate
leadership and support all staff, especially those involved in internal bid
processes.
1.3 Management of an
area of work after market testing
The following principles underlie the management of a
work area after market testing, irrespective of whether the work is contracted
out or retained in-house:
(a) The work area
should be managed on an "outcome" basis, allowing room for innovation
and continuous improvement in the way work is performed.
(b) A contract
and/or service level agreement(s) must be negotiated which allows cost and
quality indicators to be monitored and compared over time.
(c) Clear
accountabilities must be established and understood by all parties - the team
undeRMSking the work and the people responsible for managing the performance or
the work area on behalf of RMS.
(d) Clear lines of
communication must be defined, including processes for remedying performance
discrepancies and resolution of disputes.
2. Definitions
Consultation
The process of sharing information and requiring input
on key decisions before they are taken and utilising that input in formulation
of the decision outcome. In a rational decision model, it may include input to
and/or feedback on:
the identification of decision alternatives
the identification of decision criteria; and
the outcome of evaluation of alternatives against the
criteria.
In an incremental decision model it may include
preparation and dissemination of a discussion document on a proposed change,
gaining feedback on the proposal and modifying the proposal where appropriate.
Consultation does no imply a right to veto decisions
nor does it imply a right to access confidential material of a commercial or personal
nature. Where a need arises to provide access to confidential information, a
confidentiality control process will be implemented.
Market Testing
A rational approach to deciding the best
value-for-money method(taking into account cost, benefit and risk) of delivery
of an area of work. It does not refer to "contracting." Contracting
is one possible outcome of a market testing process.
Major Works
Works valued at $500,000 or greater unless approved as
a "Minor Works" by a Regional Manager. Only major works are suitable
for market testing and usually only where it is an area of work that is already
performed within RMS. RMS may proceed directly to a contract for minor works in
circumstances where in-house resources are unavailable and/or RMS no longer
performs work of that type.
3. Consultative
process
Step 1
(a) Local management
required to identify projects to be considered for Market Testing and
Contracting Out.
(b) Agreement to
proposals sought from Director.
(c) Opinions of
other directors on proposed project sought by relevant Director. Director
Corporate Services initiates preliminary consultation with relevant unions and
notification to SBU and Unions NSW.
(d) Relevant unions
advised by Director Corporate Services and input sought. (Two weeks to respond
from date of advice).
(e) Responses
considered by relevant Director and proposals modified where appropriate.
Step 2
(a) RMS Executive
advised of nominated projects by relevant Director.
(b) Nominations considered
by Board and which project should proceed to market testing determined.
(c) Relevant unions,
SBU and Unions NSW advised of project approvals by Director Corporate Services.
Step 3
(a) Project
initiated by local management.
(b) Nominations called
for and, in consultation with relevant unions, in-house bid team appointed by
relevant Director.
(c) In-house bid
team advised of targeted savings / areas for improvement.
(d) Evaluation
committee appointed by relevant Director.
(e) In-house bid team
given time and resources (including appointment of relevant advisers) to
identify and implement processes to achieve target savings and improvements.
(f) Evaluation
committee reviews improvements made by internal bid team and recommendation as
to whether to proceed to full market testing made to Director.
(g) If
recommendation to proceed to market testing approved, market testing team set
up by local management.
(h) Relevant probity
processes established by local management.
(i) If determined
necessary (ie. to gauge size of market, identify options, etc.) Expression of
Interest called.
(j) Expressions of
interest evaluated and short list prepared.
(k) Request for
Proposal/tender documents prepared by market testing team and reviewed. Review
team to include evaluation committee and representation from relevant unions.
(l) RFP/tender
documents modified where appropriate by market testing team.
(m) Evaluation model
prepared by market testing team and reviewed. Review team to include evaluation
committee and representation from relevant unions.
(n) Evaluation model
modified where appropriate by market testing team.
(o) RFP/tender
documents issued.
Step 4
(a) Evaluation
conducted by evaluation committee using internal bid team improvements as a
"benchmark".
(b) Draft evaluation
report disseminated to relevant unions by relevant Director, submission of
comments requested with a minimum of two weeks to respond from date of
dissemination of report.
Step 5
(a) Union
submissions received and report finalised by evaluation committee and submitted
to relevant Director.
(b) Approval of
evaluation report recommendations sought from RMS Executive by relevant
Director.
Step 6
(a) Relevant unions
and bidders advised by Relevant Director of decision of RMS Executive.
(b) Staff advised
and in-house bid team debriefed by local management.
C.
G. STAFF J.
____________________
Printed by
the authority of the Industrial Registrar.