LOCAL GOVERNMENT (STATE) AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Local Government Clerical, Administrative, Energy, Airlines and Utilities Union, industrial organisation of employees.

 

(No. IRC 7177 of 2004)

 

 

VARIATION

 

1.          Delete clause 16, Hours of Work, of the award published 22 April 2005 (350 I.G. 471) and insert in lieu thereof the following:

 

16.  Hours of Work

 

A.        Ordinary Hours

 

(i)         Except as otherwise provided, the ordinary hours of work shall be 38 hours per week arranged on one of the following bases:

 

38 hours within one week provided that at least two days off shall be granted; or

 

76 hours within two weeks provided that at least four days off shall be granted; or

 

114 hours within three weeks provided that at least six days off shall be granted; or

 

152 hours within four weeks provided that at least eight days off shall be granted.

 

(ii)        The ordinary hours of work for employees engaged in the following functions shall be 35 hours per week:

 

Administration

 

Building Surveying

 

Community Services (Professional/Specialist Band 3)

 

Engineering (Professional and Trainees)

 

Executive Band

 

Finance

 

Health Surveying

 

Library

 

Public Relations

 

Technical Services

 

Town Planning

 

The ordinary hours for employees working 35 hours per week shall be arranged on one of the following bases:

 

35 hours within one week provided that at least two days off shall be granted; or

 

70 hours within two weeks provided that at least four days off shall be granted; or

 

105 hours within three weeks provided that at least six days off shall be granted; or 140 hours within four weeks provided that at least eight days off shall be granted.

 

(iii)       Except as otherwise provided, the ordinary hours for all employees shall be between Monday and Sunday.

 

(iv)       The ordinary hours for employees engaged in the following functions shall be between Monday and Friday:

 

Administration;

 

Building Surveyors;

 

Crematoriums and Cemeteries;

 

Engineering (Professional and Trainees);

 

Finance;

 

Health Surveyors;

 

Road Construction and Maintenance;

 

Sale Yards;

 

Stores and Depots;

 

Town Planning;

 

Trade functions

 

(v)        An employee’s commencement and/or finishing times may be altered by agreement.  Such an agreement must be in writing and must be genuine with no compulsion to agree.

 

(vi)       An unpaid meal break of a minimum of 30 minutes shall be given and taken within the first five hours of continuous work.  Thereafter, a paid meal break not exceeding 20 minutes shall be given and taken after a further five hours continuous work.  In the case of unforseen circumstances, the meal break may be delayed and shall be taken as soon as practicable, subject to the observance of appropriate occupational health and safety standards.

 

(vii)      Ordinary hours of work shall not exceed twelve (12) hours in any one-day exclusive of unpaid meal breaks.

 

B          Saturday And Sunday Work

 

(i)         Except as otherwise provided, ordinary hours worked on a Saturday shall attract a 25% penalty in addition to the ordinary hourly rate of pay and ordinary hours worked on a Sunday shall attract a 50% penalty in addition to the ordinary hourly rate of pay.

 

(ii)        The ordinary hours worked by employees engaged in the following functions shall attract a 50% penalty in addition to the ordinary hourly rate of pay for work on a Saturday and a 100% penalty in addition to the ordinary hourly rate of pay for work on a Sunday:

 

Beach inspectors;

 

Cleaning;

 

Garbage;

 

Mechanical Trades (Workshops);

 

Parks and Reserves;

 

Rangers and parking officers;

 

Sanitary;

 

Sewerage;

 

Sullage;

 

Waste; and

 

Water

 

(iii)       An employee may request to work ordinary hours on a Saturday and/or a Sunday in lieu of the ordinary hours the employee would otherwise be rostered to work.

 

(a)        An employee’s request must be in writing and must outline a period within which the arrangement is to be reviewed;

 

(b)       Council will not unreasonably withhold agreement to such a request;

 

(c)        Any such agreement shall not apply to new or vacant provisions;

 

(d)       Where an employee requests to work ordinary hours on a Saturday and/or a Sunday under the provisions of this sub-clause, Council shall not be required to pay the penalty rate provided by sub-clauses (i) and/or (ii).

 

C          Shift Work

 

(i)         Except as otherwise provided ordinary hours worked outside the span of 6:00am to 6:00pm Monday to Friday shall attract a 20% shift penalty in addition to the ordinary hourly rate of pay for the actual time worked outside the span of hours specified in this sub-clause.

 

(ii)        Employees engaged in the following functions will be entitled to a 20% shift penalty in addition to the ordinary hourly rate of pay for the actual time worked outside the following times:

 

 

(iii)       Shift penalties shall be payable for ordinary work performed between Monday and Friday and shall not be paid on weekends.

 

(iv)       With the exception of staff engaged in the function of street sweeping, employees in receipt of the higher disability allowance provided under clause 13(i)(b) of this Award shall not also receive shift penalties for work performed outside the hours of 6:00am to 6:00pm Monday to Friday as provided by sub-clause (i).

 

(v)        An employee may request to work ordinary hours outside the span of 6:00am and 6:00pm or any of the other spans detailed in clause 16C(ii), in lieu of the ordinary hours the employee would otherwise be rostered to work.

 

(a)        An employee’s request must be in writing and must outline a period within which the arrangement is to be reviewed;

 

(b)       Council will not unreasonably withhold agreement to such a request;

 

(c)        Any such agreement shall not apply to new or vacant positions;

 

(d)       Where an employee requests to work ordinary hours outside the relevant span of hours Council shall not be required to pay a shift penalty for the actual time worked.

 

D          Facilitative Provisions

 

(i)         An employee’s commencement and/or finishing times may be altered by agreement.  Such an agreement must be in writing and must be genuine with no compulsion to agree.

 

(ii)        A Council and the Union may agree on hours of work, weekend penalties and shift penalties other than those prescribed in this clause.

 

2.          Delete subclause (ii), of clause 20, Flexibility for Work and Family Responsibilities, and insert in lieu thereof:

 

(ii)        Flexible work and leave arrangements include but are not limited to:

 

(a)        make up time;

 

(b)       flexi time;

 

(c)        time in lieu;

 

(d)       leave without pay;

 

(e)        annual leave;

 

(f)        part-time work;

 

(g)       job share arrangements; and

 

(h)       variations to ordinary hours and rosters.

 

3.          Delete clause 22, Casual Employment, and insert in lieu thereof the following:

 

22.  Casual Employment

 

(i)         A casual employee shall mean an employee engaged on a day to day basis.

 

(ii)        A casual employee shall be paid the hourly rate for ordinary hours worked in accordance with Clause 16, Hours of Work.

 

(iii)       Casual employees who work on Saturday and/or Sunday are entitled to penalty rates prescribed by clause 16B.  The penalties are calculated on the ordinary hourly rate.

 

(iv)       Casual employees who work outside the relevant spread of hours identified at clause 16C(i) and (ii) are entitled to a shift penalty.  The penalty is calculated on the ordinary hourly rate.

 

(v)        Overtime shall be paid where a casual employee works outside the ordinary hours for that position. In cases where there are no ordinary hours for the position, overtime shall be paid for the hours worked in excess of those prescribed in Clause 16, Hours of Work.

 

(vi)       In addition to the amounts prescribed by subclause (ii) of this clause, a twenty-five percent loading, calculated on the ordinary hourly rate, shall be paid.  This loading shall not attract any penalty.  This loading shall be paid in lieu of all leave and severance pay, except for paid maternity leave, prescribed by the award.

 

(vii)      Casual employees engaged on a regular and systematic basis shall:

 

(a)        Have access to annual assessment under council's salary system.

 

(b)        Have their service as a casual counted as service for the purpose of calculating long service leave where the service as a casual employee is continuous with their appointment to a permanent position on council's structure.  In calculating the long service leave entitlement in such cases there shall be a deduction of the long service leave accrued whilst the employee was employed as a casual.

 

(viii)     A casual employee shall not replace an employee of council on a permanent basis.

 

4.          Delete subparagraph C (i) (h), of clause 27, Consultative Committees, and insert in lieu thereof the following:

 

(h)        changes to variable working hours arrangements for new or vacant positions

 

5.          Delete paragraph (ii)(b), of clause 38, Savings and Transitional, and insert in lieu thereof the following new paragraphs:

 

(b)        Unless otherwise agreed employees, including seasonal workers, who are in regular receipt of penalty rates and/or shift penalties, aggregate rates of pay or other arrangements that compensate for hours of work shall either continue to receive such benefits or the payments prescribed by clause 16, whichever is the higher.

 

(c)        The provisions in subclause (ii)(b) shall apply where Council and Enterprise Agreements are terminated.

 

(d)        The provisions in subclause (ii)(b) shall apply in addition to the Award increases prescribed by clause 40.

 

6.          Delete subclause (iii), of clause 39, Leave Reserved, and insert in lieu thereof the following:

 

(iii)       Leave is reserved for the parties to apply in respect of changes in responsibilities for professional engineers arising out of the Civil Liability Act and changes in responsibilities arising from accreditation of council (development) certifiers.

 

7.          This variation shall be effective from the first pay period commencing on or after 1 October 2005.

'

 

 

F. L. WRIGHT  J, President.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.