Goldenfields
Water County Council Enterprise Award 2010
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Shires
Association of New South Wales, Industrial Organisation of Employers.
(No. IRC 1698 of 2011)
Before Commissioner
Ritchie
|
21 November 2011
|
AWARD
1. Arrangement
Clause No. Subject Matter
4. Agreed
Objectives
15. Allowances,
Additional Payments and Expenses
5. Anti-discrimination
3. Area,
Incidence and Duration
1. Arrangement
26. Casual
Employment
35. Competitive
Tendering
30. Consultative
Committees
37. Council
Agreements
6. Definitions
33. Disciplinary
Procedures
39. Employee
Loyalty/Attendance Bonus
23. Flexibility
for Work and Family Responsibilities
32. Grievance
and Dispute Procedures
20. Holidays
18. Hours of
Work
27. Job Share
Employment
28. Junior and
Trainee Employment
22. Leave
Provisions
40. Leave
Reserved
16. Motor
Vehicle Leaseback
34. Occupational
Health and Safety
19. Overtime
25. Part-time
Employment
11. Payment for
Relief Duties/Work
12. Payment of
Employees
24. Phased
Retirement
8. Rates of
Pay
17. Residence
13. Salary
Sacrifice
9. Salary
System
38. Savings and
Transitional
7. Skill
Descriptors
2. Statement
of Intent
14. Superannuation
Fund Contributions
31. Term
Contracts
35. Termination
of Employment
29. Training
and Development
21. Union
Picnic Day
10. Use of
Skills
36 Workplace
Change and Redundancy
ANNEXURE 1
Table 1- Monetary Rates Per Week
Table 2 - Allowances
ANNEXURE 2
Table 1- Monetary Rates Per Week
2. Statement of
Intent
2.1 Scope
It is the intention of the parties that the
"Goldenfields Water County Council Enterprise Award 2010" shall apply
to all employees of Goldenfields Water County Council, save and except for
employees designated as ‘senior staff’ pursuant to the Local Government Act
1993 (NSW).
2.2 Coverage and
Parties
This Award shall apply to all
current and future employees of Goldenfields Water who are engaged in the
classifications set out in Table 1 of Part B of this Award (including any
additional classifications introduced), save and except for employees
designated as ‘senior staff’ pursuant to the Local Government Act 1993
(NSW).
The parties to this Award are the Shires Association of
New South Wales; Goldenfields Water County Council; the New South Wales Local
Government, Clerical, Administrative, Energy, Airlines & Utilities Union;
the Automotive, Food, Metals, Engineering, Printing and Kindred Industries
Union; and the Electrical Trades Union (N.S.W.) of Australia; and the Local
Government Engineers Association.
3. Area, Incidence
and Duration
3.1 Applicability
This Award shall apply to Goldenfields Water County
Council (elsewhere referred to as "Council") and all employees, save
and except for employees designated as ‘senior staff’ pursuant to the Local
Government Act 1993 (NSW).
3.2 Recission of
2004 Award
This Award rescinds and replaces the Goldenfields Water
County Council Enterprise Award 2004 published 27 March 2009 (367 I.G. 771).
3.3 Association with
Local Government (State) Award 2010.
The Goldenfields Water County Council Enterprise Award
2010 ("this Award") shall prevail over the provisions of the Local
Government (State) Award 2010 ("the State Award") to the extent of
any inconsistencies. Where this award
is silent in respect to provisions contained in the State Award, the provisions
of the State Award shall apply.
3.4 Nominal term
This Award shall commence on and from the first full
pay period after 21 November 2011 and shall remain in force until the first pay
period on or after 30 June 2014, unless varied or terminated as provided for by
the Industrial Relations Act 1996 (NSW). The first increase provided by
this Award has been paid by Goldenfields Water from 1 November 2010.
3.5 Negotiation for
replacement
The parties agree to commence negotiations for a
replacement Enterprise Award no later than twelve months prior to the nominal
expiry date of this Award.
4. Agreed Objectives
4.1 The agreed
objectives of this Award are:
4.1.1 The parties to
this Award are committed to co-operating positively to increase the structural
efficiency of Goldenfields Water and to provide employees with access to more
fulfilling, varied and better-paid work by providing measures to, for instance:
4.1.1.1 improve skill
levels and establish skill-related career paths;
4.1.1.2 eliminate
impediments to multi-skilling;
4.1.1.3 broaden the range
of tasks which a worker may be required to perform;
4.1.1.4 achieve greater
flexibility in workplace practices;
4.1.1.5 eliminate
discrimination;
4.1.1.6 establish rates
of pay and conditions that are fair and equitable;
4.1.1.7 work reasonable
hours;
4.1.1.8 ensure
flexibility for work and family responsibilities; and
4.1.1.9 ensure the
delivery of quality services to the community and continuous improvement.
4.1.2 Co-operation
between Council and Employees to achieve:
4.1.2.1 Management Plan
objectives and strategies;
4.1.2.2 Improved
productivity, including taking action to reduce water wastage and ensuring pump
power usage efficiency;
4.1.2.3 Early fault
detection and efficient repair methods;
4.1.2.4 Ensuring Customer
Relations and Level of Service strategies are met by delivering high quality
attention and action in service to customers;
4.1.2.5 Action to reduce
operating and maintenance costs; and
4.1.2.6 Act responsibly
in respect to environmental matters.
5.
Anti-Discrimination
5.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 (NSW) 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.
5.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of this Award which, by its terms or operation, has a direct
or indirect discriminatory effect.
5.3 Under the Anti-Discrimination
Act 1977 (NSW), it is unlawful to victimise an employee because the
employee has made or may make or has been involved in a complaint of unlawful
discrimination or harassment.
5.4 Nothing in this
clause is to be taken to affect:
5.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
5.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
5.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977 (NSW);
5.4.4 a party to this
Award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
5.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
5.6 Notes
5.6.1 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
5.6.2 Section 56(d) of
the Anti-Discrimination Act 1977 (NSW) provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
6. Definitions
6.1 Association
"Association" means the Shires Association of
New South Wales.
6.2 Council
"Council" means Goldenfields Water County
Council. This definition shall be read subject to allocation of
responsibilities as specified in the Local Government Act 1993 (NSW).
6.3 Goldenfields
Award
Goldenfields Water County Council Enterprise Award 2010
as may be varied and/or replaced from time to time.
6.4 State Award
Local Government (State) Award 2010 as may be varied
and/or replaced from time to time.
6.5 Union
"Union" means the New South Wales Local
Government, Clerical, Administrative, Energy, Airlines & Utilities Union
(USU); Automotive, Food, Metals, Engineering, Printing and Kindred Industries
Union, Electrical Trades Union (N.S.W.) of Australia and the Local Government
Engineers Association.
6.6 Ordinary Pay
6.6.1 Ordinary Pay
means remuneration for the employee's normal weekly number of hours of work
calculated at the ordinary time rate of pay. Ordinary pay shall include, but
not be limited to the following penalties and allowances where they are
regularly received,
6.6.1.1 Saturday, Sunday
and shift penalties
6.6.1.2 disability
allowances
tool allowances
6.6.1.3 on call allowance
6.6.1.4 first aid
allowance
6.6.1.5 community
language and signing work allowances.
provided that subject to the exclusions below and at
clauses 11.2 and 22.3.5, an employee’s ordinary pay during periods of paid
leave under this Award shall not be more or less than what the employee would
have received had the employee not been on paid leave.
6.6.2 The
following allowances shall be excluded from the composition of ordinary pay:
6.6.2.1 overtime payments
6.6.2.2 camping allowance
6.6.2.3 travelling
allowances
6.6.2.4 car allowances
6.6.2.5 meal allowances.
6.7 Days
Unless otherwise specified, any reference to 'days'
shall mean calendar days.
6.8 Competency based
training
Competency based training refers to training concerned
with the attainment and demonstration of specified skills, knowledge and their
application to meet industry standards.
6.9 Superannuation
contributions
Superannuation contributions means all contributions to
a complying superannuation fund, and includes (without limitation) any
superannuation contributions required to be made under the Superannuation
Guarantee (Administration) Act 1992 (Cth), and any additional superannuation
contributions made by way of salary sacrifice.
6.10 Complying
superannuation fund
Complying superannuation fund has the same meaning as
in the Superannuation Industry (Supervision) Act 1993 (Cth).
6.11 Seven day a week
rotating roster system
Seven day a week rotating roster system means a work
roster system in which the employee is regularly required to work:
6.11.1 ordinary hours on
each of the seven calendar days of the week; and
6.11.2 ordinary hours on
at least one Saturday and one Sunday in every four, or in the case of a
seasonal worker an average of at least twelve Saturdays and twelve Sundays
during a twelve month period; and
6.11.3 on Public Holidays;
and
6.11.4 at different
agreed commencement times during the roster period (i.e. different shifts)
provided that where, prior to the commencement of this
Award, an employee regularly worked according to a roster system that the
council regarded as a seven day a week rotating roster system, and the employee
continues to work according to the same roster system, the roster system shall
be deemed to be a seven day a week rotating roster system for that employee.
7. Skill Descriptors
The Award structure consists of skill based bands and
levels that are defined according to the following skill descriptors:
7.1 Operational
Band 1, Level 1
Authority and accountability: Completion of basic tasks
with work closely monitored by the team leader or supervisor.
Judgement and problem solving: Judgement is limited and
coordinated by other workers.
Specialist knowledge and skills: Specialist knowledge
and skills are obtained through on-the-job training and council-based induction
training. Off-the-job training may lead to trade, technical or professional
qualifications.
Management skills: Not required.
Interpersonal skills: Limited to communications with
other staff and possibly, with the public.
Qualifications and experience: Completion of School
Certificate or the Higher School Certificate may be sought. Completion of an
appropriate labour market program or similar short-term work / skills
experience is desirable.
7.2 Operational
Band 1, Level 2
Authority and accountability: Responsible for
completion of basic tasks with individual guidance or in a team.
Judgement and problem solving: Applies standard
procedures with normally few if any options in the application of skills.
Specialist knowledge and skills: Job specific skills
and knowledge would normally be gained through on-the-job training and
experience. Short courses may be completed at TAFE.
Management skills: Not required.
Interpersonal skills: Frequent communication with other
staff and/or the public common but normally at a routine level.
Qualifications and experience: Incumbents may have
attended short courses in specific work areas or be undertaking a technical
college certificate as completion of structured training program in work-related
area.
7.3 Operational Band
1, Level 3
Authority and accountability: Responsible for
completion of regularly occurring tasks with general guidance on a daily basis.
Judgement and problem solving: Judgement is required to
follow predetermined procedures where a choice between more than two options
are present.
Specialist knowledge and skills: Application of skills,
including machine-operation skills, following training "on the job"
or accredited external training over a number of months.
Management skills: Some guidance/supervision may be
required. May assist a co-ordinator / trainer with on-the-job training.
Interpersonal skills: Skills required for exchange of
information on straightforward matters.
Qualifications and experience: Suitable experience or
qualifications in a number of defined skill areas.
7.4 Operational
Band 1, Level 4
Authority and accountability: Responsible for
supervising staff in operational duties or for work requiring independence in
the application of skills, subject to routine supervision. Responsible for
quality of work function.
Judgement and problem solving: Option on how to
approach tasks requires interpretation of problems and may involve precise
judgement in operational areas.
Specialist knowledge and skills: The number of work
areas in which the position operates makes the work complicated and a variety
of skills are required in its completion. Position may require competence in
operation of complex machinery.
Management skills: Supervisory skills in the
communication of instructions, training and the checking of work may be
required.
Interpersonal skills: Skills are required to convince
and explain specific points of view or information to others and to reconcile
differences between parties.
Qualifications and Experience: Experience to adapt
procedures to suit situations and a thorough knowledge of the most complex
operational work procedures to achieve work objectives.
7.5 Administrative/Technical/Trades Band 2,
Level 1
Authority and accountability: Responsible for the
completion of work requiring the application of trades, administrative or
technical skills.
Judgement and problem solving: Skills in assessing
situations and in determining processes, tools and solutions to problems.
Guidance is available.
Specialist knowledge and skills: Positions will have
demonstrated competence in a number of key skill areas related to major
elements of the job.
Management skills: Positions may require skills in the
supervision or co-ordination of small groups.
Interpersonal skills: Communication skills to explain
situations or advise others.
Qualifications and experience: Appropriate work-related
trade, technical or administrative qualifications or specialist skills
training.
7.6 Administrative / Technical / Trades Band
2, Level 2
Authority and accountability: Responsibility as a
trainer/co-ordinator for the operation of a small section which uses staff and
other resources, or the position completes tasks requiring specialised technical
/ administrative skills.
Judgement and problem solving: Skills to solve problems
which require assessment of options with freedom within procedural limits in
changing the way work is done or in the delegation of work. Assistance may be
readily available from others in solving problems.
Specialist knowledge and skills: Positions will have
specialised knowledge in a number of advanced skill areas relating to the more
complex elements of the job.
Management skills: May require skills in supervising a team
of staff, to motivate and monitor performance against work outcomes.
Interpersonal skills: In addition to interpersonal
skills in managing others, the position may involve explaining issues/policy to
the public or others and reconcile different points of view.
Qualifications and experience: Thorough working
knowledge and experience of all work procedures for the application of
technical / trades or administrative skills, based upon suitable certificate or
post-certificate-level qualifications.
7.7 Administrative
/ Technical / Trades Band 2, Level 3
Authority and accountability: May be responsible to
provide a specialised / technical service and to complete work which has some
elements of complexity. Make recommendations within council and represent
council to the public or other organisations.
Judgement and problem solving: Problem solving and
judgements are made where there is a lack of definition requiring analysis of a
number of options. Typical judgements may require variation of work priorities
and approaches.
Specialist knowledge and skills: Positions have
advanced knowledge and skills in a number of areas where analysis of complex
options is involved.
Management skills: May supervise groups of operational
and / or other administrative / trades / technical employees. Employees
supervised may be in a number of different work areas, requiring motivation,
monitoring and co-ordination to achieve specific outputs.
Interpersonal skills: Skills to communicate with
subordinate staff and the public and/or negotiation / persuasive skills to
resolve disputes with staff or the public.
Qualifications and experience: An advanced certificate,
associate diploma, appropriate in-house training or equivalent combined with
extensive experience in the application of skills in the most complex areas of
the job.
7.8 Professional /
Specialist Band 3, Level 1
Authority and accountability: Provides specialised /
technical services to complete assignments or projects in consultation with
other professional staff. May work with a team of technical or administrative
employees requiring the review and approval of more complex elements of the
work performed by others.
Judgement and problem solving: Problems require
assessment of a range of options having elements of complexity in reaching
decisions and making recommendations. Precedent is available from sources
within the council, and assistance is usually available from other professional
/ specialist staff in the work area.
Specialist knowledge and skills: Positions require
considerable knowledge in a specific area with a sufficient level of skills and
knowledge to resolve issues having elements of complexity that may not be
clearly defined.
Management skills: Positions at this entry level to the
Professional / Specialist Band are not required to possess management skills.
Interpersonal skills: Persuasive skills are required to
participate in technical discussions to resolve problems, explain policy and reconcile
viewpoints.
Qualifications and experience: Professional /
specialist positions require professional qualifications to apply theoretical
knowledge to practical situations.
7.9 Professional
/ Specialist Band 3, Level 2
Authority and accountability: Provides a
specialised/technical service in the completion of work and / or projects which
have elements of complexity (composed of many parts that may be more conceptual
than definite).
Judgement and problem solving: Positions require the
interpretation of information and development of suitable procedures to achieve
agreed outcomes. Problem solving and decision making require analysis of data
to reach decisions and / or determine progress.
Specialist knowledge and skills: Experience in the
application of technical concepts and practices requiring additional training
are required at this level.
Management skills: May manage a number of projects
involving people and other resources requiring project control and monitoring
as well as motivation and co-ordination skills.
Interpersonal skills: Interpersonal skills in leading
and motivating staff in different teams / locations may be required, as well as
persuasive skills to resolve problems or provide specialised advice.
Qualifications and experience: Positions at this level
would have supplemented base level professional qualifications with additional
skills training. Considerable practical experience or skills training would be
required to effectively control key elements of the job.
7.10 Professional
/ Specialist Band 3, Level 3
Authority and accountability: Provides a professional
advisory role to people within or outside council. Such advice may commit the
council and have significant impact upon external parties dealing with council.
The position may manage several major projects or sections within a department
of the council.
Judgement and problem solving: Positions have a high
level of independence in solving problems and using judgement. Problems can be
multi-faceted requiring detailed analysis of available options to solve
operational, technical or service problems.
Specialist knowledge and skills: The skills and
knowledge to resolve problems where a number of complex alternatives need to be
addressed.
Management skills: May be required to manage staff,
resolve operational problems and participate in a management team to resolve
key problems.
Interpersonal skills: Interpersonal skills in leading
and motivating staff may be required. Persuasive skills are used in seeking
agreement and discussing issues to resolve problems with people at all levels.
Communication skills are required to enable provision of key advice both within
and outside council and to liaise with external bodies.
Qualifications and experience: Tertiary qualifications
combined with a high level of practical experience and an in-depth knowledge of
work.
7.11 Professional
/ Specialist Band 3, Level 4
Authority and accountability: Accountable for the
effective management of major sections or projects within their area of
expertise. As a specialist, advice would be provided to executive level and to
council on major areas of policy or on key issues of significance to the
organisation. The position's influence would have an important role in the
overall performance of the function.
Judgement and problem solving: Positions would
determine the framework for problem solving or set strategic plans with minimal
review by senior management. At this level, the position may represent senior
management or council in the resolution of problems. The oversight of problem
solving and assessment of the quality of judgements made by less qualified
staff will apply at this level.
Specialist knowledge and skills: Positions require
knowledge and skills for the direction and control of a key function of council
or major functions within a department. Positions require expert knowledge and
skills involving elements of creativity and innovation in addressing and
resolving major issues.
Management skills: Positions may direct professional or
other staff in the planning, implementation and review of major programs, as
well as participating as a key member of a functional team.
Interpersonal skills: Interpersonal skills in leading
and motivating staff will be required at this level. Positions require the
ability to negotiate on important matters with a high degree of independence.
Positions are required to liaise with the public and external groups and
organisations.
Qualifications and experience: Specialist tertiary qualifications
in an appropriate field of study combined with extensive practical experience
in all relevant areas in order to plan, develop and control major elements of
work.
7.12 Executive
Band 4
Authority and accountability: Accountable for the direction
and control of council or a department or the like. Influence and commit
council or a department or the like to long-term strategic directions. Lead
policy development and implementation.
Judgement and problem solving: Positions solve problems
through analytic reasoning and integration of wide-ranging and complex
information, and have a high level of independence in determining direction and
approach to issues.
Specialist knowledge and skills: The position requires
the application of a range of specialist knowledge and skills, including
relevant legislation and policies and other areas of precedent. Ability to
provide authoritative advice to council.
Management skills: Application of corporate management
skills in a diverse organisation to establish goals and objectives. Manage and
control staff, budgets and work programs or major projects of council or a
department or the like utilising leadership, evaluation and monitoring skills
to facilitate achievement of objectives. Ability to generate innovative
approaches to more effectively deploy resources, meet changing circumstances
and improve service to the council's clients.
Interpersonal skills: Positions use persuasive skills
with external parties on major items of critical importance to council. They
motivate managers and staff at all levels by leading and influencing others to
achieve complex objectives. They influence the development of the council.
Qualifications and experience: Positions will have a
relevant degree or equivalent and management experience, combined with
accredited management qualifications.
8. Rates of Pay
8.1 Salary System
Council will maintain the salary system to complement
the skills-based structure and rates of pay of this Award. The Salary System is
a schedule of this award.
8.2 Weekly Rates
The actual weekly rates of pay applying to employees of
Goldenfields Water County Council, save and except for employees designated as
‘senior staff’ pursuant to the Local Government Act 1993 (NSW) are set
out in Table 1, of Part B, of this Award (i.e. the rates applicable under the
Council’s salary system).
The actual weekly rates of pay applying to employees of
Goldenfields Water County Council, save and except for employees designated as
‘senior staff’ pursuant to the Local Government Act 1993 (NSW) set out
in Table 1 of Part B of this award (i.e. the rates applicable under council's
salary system) shall be increased as follows:
8.2.1 on the first full
pay period commencing on or after 1 November 2010, by 3%; and
8.2.2 on the first full
pay period commencing on or after 1 July 2011, by 4.25%
8.2.3 on the
first full pay period commencing on or after 1 July 2012, by 3.75%
8.2.4 on the
first full pay period commencing on or after 1 July 2013 by 3.75%
8.3 Upon reaching
the nominal expiry date of this Award
Upon reaching the nominal expiry date of this Award on
30 June 2014, the parties agree that increases in weekly rates of pay under the
State Award shall be automatically incorporated into Council’s salary system
and will have the same operative date as the Award increases (such increases
are not to be absorbed into Council’s salary system). It is acknowledged that
these increases represent the minimum increases to be awarded at the enterprise
level and that the Union(s) may seek to negotiate over Award payments once this
award has expired.
8.4 Workers
Compensation
The current weekly rate of pay of an employee for the
purposes of the Workers Compensation Act 1987 (NSW), shall be the rate
paid to the employee under Council’s salary system.
9. Salary System
9.1 A salary system
determines how employees are paid. An employee shall be paid the salary system
rate of pay that recognises the skills the employee is required to apply on the
job.
9.2 The salary
system shall have a structure that complements the entry level rates of pay and
skill descriptors in the Award by identifying grades. Each grade shall contain
a number of salary points/steps for progression that are over and above the
entry level rates of pay.
9.3 Positions shall
be assigned a salary grade(s) within the structure. A position may extend
across more than one grade in council's salary system or level as prescribed by
Clause 7 Skills Descriptors of this Award.
9.4 Progression
through the salary system shall be based upon the acquisition and use of
skills. Where skills based progression is not reasonably available within the
salary range for the position, employees shall have access to progression based
on the achievement of performance objectives relating to the position. Such
performance objectives shall be developed in consultation with the consultative
committee listed in clause 30 with the intent to reach agreement in this forum.
Where performance objectives have not been provided employees shall progress
annually in accordance with the savings and transitional provisions in clause
38.
9.5 Subject to
subclause 9.4, skills for progression relevant to the position shall be
assigned to each salary point/step within the grade, or set at the annual
assessment provided that such criteria shall provide an opportunity to progress
through the salary system.
9.6 Except where
otherwise provided, employees shall be assessed for progression through the
salary range for their position at least annually or when they are required to
use skills that would entitle them to progress in the salary system.
9.7 Council shall
not be required to conduct annual assessments for those employees who have
progressed through the salary system to the maximum point/step for their
position, provided that if an employee on or above the maximum point/step for
their position requests an annual assessment in writing, council will provide
one.
9.8 At the time of
assessment, council shall advise the employee of the skills and/or the
performance objectives required for the employee to progress to the next salary
point/step and shall review the employee's training needs.
9.9 The salary
system shall include a process by which employees can appeal against their
assessment.
9.10 Employees shall
have access to information regarding the grade, salary range and progression
steps of the position.
9.11 Where a council
changes its salary system structure employees shall not suffer a reduction in
pay or salary range.
10. Use of Skills
10.1 The parties are
committed to improving skill levels and removing impediments to multi skilling
and broadening the range of tasks that the employee is required to perform.
10.2 The council may
direct the employee to carry out such duties that are within the limits of the
employee's skill, competence and training.
10.3 An employee shall
be paid the salary system rate of pay that recognises the skills the employee
is required to apply on the job.
10.4 The skills paid
for shall not be limited to those prescribed by the job description and may,
where appropriate, include skills possessed by the individual which are
required by council to be used as an adjunct to the employee's normal duties.
10.5 Subject to clause
15. Allowances, Additional Payments and Expenses, 15.8 First Aid Work
Allowances, employees who are required by council to use such additional
skill(s) in the performance of their duties shall have the use of these
skill(s) considered in the evaluation of the position.
11. Payment for
Relief Duties/Work
11.1 An employee
required to relieve in a position which is at a higher level within the salary
system shall be paid for that relief. The rate to be paid shall be determined
by considering the skills / experience applied by the employee relieving in the
position but shall be at least the minimum rate for that position in accordance
with the salary system except where the higher level skills have been taken
into account within the salary of the relieving employee.
11.2 Payment for use
of skills relieving in a higher paid position shall be made for the time
actually spent relieving in the higher position and is not payable when the
relieving employee is absent on paid leave or an award holiday. An employee on
annual leave may be entitled to a higher rate of pay in accordance with the
provisions of Clause 22.3.5 of this Award.
11.3 An employee under
this Award who is required to relieve in a senior staff position, so designated
under the Local Government Act 1993 (NSW), shall be paid an appropriate
rate of pay commensurate with the duties and responsibilities of the relief
work undertaken.
12. Payment of
Employees
12.1 Employees shall
be paid fortnightly or any other period by agreement on a fixed regular pay
day.
12.2 Council shall fix
a regular payday, between Monday and Friday inclusive. Council may alter the
payday if there is prior agreement with the employees affected and the
employees shall not unreasonably withhold their agreement.
12.3 Payment shall be
by cheque or direct credit to the employee's nominated account.
12.4 The council shall
be entitled to deduct from the employee's pay such amounts as the employee
authorises in writing.
12.5 An employee’s
ordinary pay shall not be reduced when the employee is prevented from attending
work due to bushfire or other climatic circumstances beyond their control,
provided that this subclause shall not apply if:
12.5.1 alternative duties
are available that the employee can usefully perform, or
12.5.2 the bushfire or
other climatic circumstance occurred outside of the State of New South Wales.
13. Salary Sacrifice
13.1 Employees may
participate in a salary packaging scheme. A salary packaging arrangement will
be cost neutral to Council.
13.2 Council and an
employee may agree to enter into a salary sacrifice arrangement, which allows
an employee to receive a part of their pre tax salary as a benefit rather than
salary. Such agreement shall not unreasonably be withheld.
13.3 Benefits that may
be salary sacrificed include, but shall not be limited to, child care
facilities operated by council on its premises; and additional superannuation
and motor vehicles supplied by council under lease back arrangements where the
amount to be salary sacrificed for leaseback of a council motor vehicle is that
part of the lease back fee that exceeds council’s fringe benefit tax liability.
13.4 The value of the
benefits shall be agreed between the council and employee and shall include
fringe benefits tax where applicable.
13.5 The salary
sacrifice arrangement, including the benefits to be salary sacrificed and their
value including fringe benefit(s) tax, shall be in writing and signed by both
council and the employee.
13.6 The employee may
request in writing to change the benefits to be salary sacrificed once each
year and the council shall not unreasonably refuse the request.
13.7 The employee’s
gross pay is their pre tax ordinary pay less the values of the salary sacrifice
benefit including fringe benefit(s) tax.
13.8 The value of a
salary sacrifice benefit and applicable fringe benefit tax, shall be treated as
an approved benefit for superannuation purposes and shall not reduce the
employee’s salary for employer contributions.
13.9 The value of
salary sacrifice benefits and applicable fringe benefits tax shall be treated
as ordinary pay for the purposes of calculating overtime and termination
payments.
13.10 The employee is
responsible for seeking appropriate financial advice when entering into any
arrangement under this clause.
13.11 The council will
ensure that the salary sacrifice arrangement complies with taxation and other
relevant laws.
13.12 The council has
the right to vary and/or withdraw from offering salary sacrifice to employees
with appropriate notice if there is any alteration to relevant legislation that
is detrimental to salary sacrifice arrangements.
13.13 A salary
sacrifice arrangement shall cease on the day of termination of employment.
13.14 A salary
sacrifice arrangement shall be suspended during periods of leave without pay.
13.15 Council may
maintain and/or enter into other salary sacrifice arrangements with employees.
14. Superannuation
Fund Contributions
Subject to the provisions of the Industrial
Relations Act 1996 (NSW), Council shall make superannuation contributions
for current employees to their nominated Superannuation Fund. As at the commencement of this Award Council
shall make superannuation contributions for new employees to the Local
Government Superannuation Scheme and not to any other superannuation fund.
14.1 Additional
Employer Superannuation Contribution
All employees will receive a 1% increase to their
employer superannuation contribution in addition to their existing arrangements
effective from 1 July 2011 (SGC + 1%) with a further 1% increase effective from
1 July 2012 (SGC + 2%) with a further 1% increase effective from 1 July
2013(SGC + 3%).
15. Allowances,
Additional Payments and Expenses
15.1 Telephones
An employee who is required to have a telephone at
their home for Council purposes shall be compensated in either of the following
ways:
15.1.1 Reimbursement of
fees and charges
Reimbursement of the annual rental fees and charges
plus either:
15.1.1.1 an
allowance of $5.00 per week for the cost of calls in connection with Council’s
business, or
15.1.1.2 in the
event of the actual cost of outgoing calls made in connection with Council’s
business being, for any particular week, demonstrated to exceed $5.00, the
actual cost of such calls;
or alternatively, at the discretion of the Council:
15.1.2 Discretionary
provision of mobile phone
Where required, a mobile telephone will be provided by
Council with all associated business usage costs including rental, message
bank, etc. being met by Council. Private usage of the phone will be charged to
the employee at the applicable Council plan rate.
15.2 Living away from
home
15.2.1 Accommodation
An employee required to work at a distance from the
employee’s usual residence, and who is required to remain at the location
overnight shall be provided with accommodation of at least an NRMA rating of
three stars in single accommodation, or if such standard of accommodation is
not available, other accommodation as may be agreed to between Council and the
affected employee/s, and a monetary compensation will be paid to the employee/s
which will be the difference between the nearest three star accommodation and
the actual accommodation provided.
15.2.2 Incidentals
In addition to 15.2.1 above, Council shall pay for
breakfast, evening meals and all reasonable incidental expenses (as approved by
the General Manager) incurred as a result of the requirements to live away from
home. This shall include but not limited to reasonable costs incurred for
carer’s responsibilities such as:
15.2.2.1 Child
Care - After school care
15.2.2.2 Relatives
costs to provide assistance due to the spouses absence.
15.3 Disability
Allowances
15.3.1 A disability
allowance in addition to the weekly rate of pay shall be payable to designated
employees to compensate for the special disabilities associated with the nature
of duties performed by outdoor staff.
This allowance shall be paid at the rate set out in
Table 2 of Part B of this Award and shall be paid for all purposes of the Award
but shall not attract any penalty. The following employees shall be entitled to
be paid the allowance:
15.3.1.1 All
employees in Levels 2, 3 and 4 of the Operational Band 1 and employees engaged
in the gardening, building, metal and mechanical trades of the Administrative /
Technical / Trades Band 2.
Excepting staff engaged in the following functions:
Administration
Finance
Supervising in Band 2
Technical Services
Employees recognised in clause 15.3.2 below
15.3.2 Employees in the
following classifications (excluding supervisors), who are recognised as
working regularly in open trenches shall in addition to their weekly rate of
pay, be paid a disability allowance at the rate set out in Table 2 of Part B of
this Award. This allowance shall be paid for all purposes of the Award but
shall not attract any penalty.
Distribution Group Members (including shared duties)
Construction Group Members
Welders
The disability allowance is to compensate for the
special disabilities associated with the hours worked and the offensive, filthy
and obnoxious nature of duties performed by employees engaged in this work.
15.4 Employee
Providing Tools
15.4.1 Where the employee
and the council agree that the employee shall supply their own tools, a tool
allowance shall be paid as follows: -
|
Per Week $
|
Metals and Mechanical Trades
|
Table 2 of Part B
|
15.4.2
Complete Tool Kits - allowances paid to employees in
accordance with this clause shall be deemed to apply in respect of a full range
of tools ordinarily used in carrying out the trade, occupation, duties and
functions.
15.4.3
Special Purpose Tools - allowances prescribed by this
clause shall not cover tools required for special uses or purposes outside of
the ordinary trade functions of the employee's classification.
15.4.4 Compensation of
Tools
The council shall reimburse the employee to a maximum
per annum as set out in Table 2 of Part B for loss of tools by breaking and
entering whilst securely stored at the council's premises or on the job site or
if the tools are lost or stolen while being transported by the employee at the
council's direction, or if the tools are stolen during an employee's absence
after leaving the job because of injury or illness. Provided that an employee
transporting their own tools shall take all reasonable care to protect those
tools and prevent theft or loss.
15.4.5 Provided for the
purposes of this clause:
15.4.5.1 Only
tools used by the employee in the course of their employment shall be covered
by this clause;
15.4.5.2 The
employee shall, if requested to do so, furnish the council with a list of tools
so used;
15.4.5.3 Reimbursement
shall be at the current replacement value of new tools of the same or
comparable quality;
15.4.5.4 The
employee shall report any theft to the police prior to making a claim on the
council for replacement of stolen tools.
15.5 Certificates and
Licences
15.5.1 Where an employee
in Operational Band 1 or Administrative/Technical Trades Band 2 of this Award
is required by Council to hold a WorkCover NSW approved certificate or licence
Council shall reimburse the employee for the cost of such certificate or
licence.
15.5.2 Where an employee
in Operational Band 1 or Administrative/Technical Trades Band 2 of this Award
is required by Council to hold a drivers licence other than a Class C (car) or
Class R (rider) licence, Council shall reimburse the employee the difference
between the cost of the licence and the cost of a Class C (car) drivers
licence.
15.6 Vehicle
Allowances
15.6.1 Where, by
agreement, an Council requires an employee to use their own vehicle in or in
connection with the performance of their duties for official business, such
employee will be paid an allowance for each kilometre of authorised travel as
follows: -
15.6.1.1 motor
vehicle under 2.5 litres (normal engine capacity) - refer to Table 2 of Part B;
and
15.6.1.2 2.5
litres (normal engine capacity) and over - refer to Table 2 of Part B.
15.6.2 Council may
require an employee to record full details of all such official travel
requirements in a log book.
15.6.3 Minimum quarterly
payment - Where the vehicle is used for official business and is available
continuously when the employee is on duty the employee shall be paid the
allowance but with a minimum payment as set out in Table 2 of Part B. Periods
of sick leave in excess of 3 weeks, annual leave in excess of 4 weeks, long
service leave, paid and unpaid maternity leave shall not be counted when
calculating the minimum quarterly payment.
15.6.4 Where the car is
used for official business on an intermittent, irregular or casual basis, the
employee shall be paid the allowance for the number of kilometres travelled on
official business as set out in paragraph 15.6.1 and shall not be entitled to
the minimum payment as set out in paragraph 15.6.3.
15.6.5 Any agreement to
pay the allowance under this clause may only be terminated by 12 months notice
by either party or by the employee's termination of employment.
15.7 Travelling
Allowance
15.7.1 This
subclause shall apply to employees who are required to start and / or finish at
a location away from the council depot, workshop or other agreed starting
point.
15.7.2 For the
purposes of this subclause "normal starting point" shall mean:
15.7.2.1 the
council workshop or depot;
15.7.2.2 a
council office or building to which the employee is usually assigned;
15.7.2.3 any
other agreed starting and / or finishing point.
15.7.3 Where
more than one starting point is fixed each employee shall be attached to one
starting point only. An employee may be transferred to a different normal
starting point at any time by agreement or by the giving of reasonable notice
provided that the relocation is reasonable in the circumstances and does not
unreasonably disadvantage the employee. In the event of a dispute Clause 32,
Grievance and Dispute Procedures, shall apply.
15.7.4 An
employee who is required to commence and / or finish work at a location away
from the employee's normal starting point at the normal starting and / or
finishing times or is required to start or finish overtime work at a location
away from the normal starting point shall be paid a travelling allowance as
follows; -
Where the employee works at a distance from the
employee's residence greater than:
3km but not more than 10km
|
Table 2 of Part B
|
More than 10km but not more than 20km
|
Table 2 of Part B
|
More than 20km but not more than 33km
|
Table 2 of Part B
|
More than 33km but not more than 50km
|
Table 2 of Part B
|
Plus (See Table 2 of Part B) for each additional 10km in
excess of 50kms.
|
Table 2 of Part B
|
15.7.5 For the
purpose of this subclause a residence shall not be reckoned as such unless it
is situated within the council area. Where the employee resides outside the
council area the travelling allowance is payable from the council boundary of
the council by which they are employed.
15.7.6 For the
purpose of this subclause distance shall mean the nearest trafficable route to
work.
15.7.7 Where
transport is provided by Council the conveyance shall have suitable seating
accommodation and a cover to protect the employees from the weather. Explosives
shall not be carried on vehicles which are used for the conveyance of
employees.
15.7.8 Where
Council requires an employee to use their own vehicle to transport other
employee(s) or materials to the worksite to commence and/or finish work at a
location away from the employee's normal staring point at the normal starting
and/or finishing times or is required to start or finish overtime work at a
location away from the normal starting point, a car allowance for the use and
depreciation of the vehicle shall be paid as follows:
|
Kilometres
travelled transporting other
|
|
employee(s) or
materials Cents
|
|
per kilometre
|
Under 2.5 litres (nominal engine capacity)
|
Table 2 of Part B
|
2.5 litres (nominal engine capacity) and over
|
Table 2 of Part B
|
Such car allowance shall be paid in addition to
travelling allowances provided by this subclause.
For the purposes of this subclause, materials shall not
include incidental items (including but not limited to keys, mobile phones,
lap-top computers and personal protective clothing).
Where Council provides transport but the employee
elects to make their own travel arrangements, the vehicle allowances in this
subclause shall not apply.
15.7.9 This
subclause shall not apply where an employee commences and/or finishes work at a
worksite which lies between the employee's place of residence and the
employee's normal starting point, provided that reasonable transport is
available and the employee travels no further than ordinarily travelled to the
normal starting point.
15.7.10 This
subclause does not apply to employees who travel where management and employees
agree on a flat rate per week to be paid for travelling. In the event of a
dispute, the Grievance and Disputes Procedure in Clause 32 of this Award shall
be applied.
15.7.11 This
subclause does not apply to travelling involved in after hours on-call work or
to employees recalled to work overtime.
15.7.12 Unless
otherwise agreed, an employee shall not be entitled to travel related
allowances except those provided for in this subclause. Nothing in this
subclause shall be construed so as to require the reduction or alteration of
more advantageous benefits or conditions under any existing travel
arrangements.
15.8 First Aid Work
Where an employee is required by Council to be in
charge of a first aid kit and/or to administer first aid and the use of such
adjunct skills are not paid for in accordance with the salary system
established by the Council, the employee shall be paid an allowance in addition
to the weekly rate, as set out in Table 2 of Part B.
15.9 Meal
Allowance
15.9.1 A meal allowance
set out in Table 2 of Part B shall be paid to employees instructed to work
overtime:
15.9.1.1 for two
hours or more prior to their agreed commencing time, or
15.9.1.2 for two
hours immediately after their agreed finishing time and after subsequent
periods of four hours, or
15.9.1.3 after
each four hours on days other than ordinary working days
provided that a meal allowance is not payable where, by
agreement, a meal is provided by the employer.
15.10 Civil Liability -
Engineering Professionals
15.10.1 Except
where such responsibility and the exercise of such skills have been
specifically and demonstrably paid for in accordance with the salary system
established by the Council, an employee who is an engineering professional:
15.10.1.1 is
directly involved in applying engineering principles to the asset management of
council assets, including the planning for, designing, maintaining, replacing,
rehabilitating or disposing of; and
15.10.1.2 such
assets may give rise to liability under the Civil Liability Act 2002
(NSW)
shall be paid an allowance in addition to the weekly
rate, as set out in Table 2 of Part B.
15.10.2 The
provision in (.1) above shall not be construed so as to require the reduction
or alteration of more advantageous benefits or conditions under any arrangements
existing at the date this Award was made.
15.11 Accreditation of
council employees by the Building Professionals Board
Where an employee is required by council to be
accredited by the Building Professionals Board under the Building Professionals
Act 2005 (NSW) the Council shall:
15.11.1 pay the
reasonable costs associated with obtaining and/or maintaining such
accreditation, including the cost of accreditation fees and compulsory
continued professional development training/course fees, and
15.11.2 grant
paid leave to attend course requirements in accordance with subclause (4) of
Clause 29, Training and Development, of this Award.
16. Motor Vehicle
Leaseback
16.1 General
The parties to this Award recognise that leaseback
vehicles may be provided to employees as a condition of employment (e.g. as an
incentive for accepting employment) or as a discretionary benefit that is not a
condition of employment.
A leaseback vehicle will be considered to be a
condition of employment for an employee unless it was clearly identified that
it was not being provided on such a basis at the time that it was provided.
Factors to consider when determining whether a
leaseback vehicle is a condition of an employee’s employment include:
16.1.1 Whether the
vehicle was offered as an incentive to attract and/or retain the employee; and
16.1.2 The period that
the employee has had access to a leaseback vehicle.
16.2 Termination
of leaseback vehicle arrangement
16.2.1 Condition of employment
- Unless otherwise provided in this clause, where Council and an employee enter
into a leaseback vehicle arrangement and the employee is entitled to a
leaseback vehicle as a condition of employment, the arrangement may only be
terminated by agreement.
16.2.2 Not a condition of
employment - Unless otherwise provided, where Council and an employee enter
into a leaseback vehicle arrangement and the employee is not entitled to a
leaseback vehicle as a condition of employment, Council shall give a minimum of
twelve (12) months written notice of termination of the arrangement.
16.2.3 Other - Council
may terminate or suspend access to a leaseback vehicle arrangement immediately
on termination of employment, loss of licence, serious breach of the leaseback
vehicle agreement or if the employee accepts a new position with Council that
does not include access to a leaseback vehicle.
16.3 Variation
of leaseback vehicle arrangements
16.3.1 Variations to
leaseback arrangements - Proposals to vary leaseback vehicle arrangements,
including the formula for calculating the leaseback vehicle fee shall be
referred to Council’s Consultative Committee.
16.3.2 Variations to
leaseback fees - Council shall not increase the leaseback vehicle fee an
employee is required to pay in any one year by more than ten (10) percent or
the percentage movement in the index figure published by the Australian Bureau
of Statistics for Eight Capitals, private motoring sub-group (Cat No 6401.0),
whichever is the greater. This
subclause shall not apply where the leaseback vehicle fee is adjusted to
reflect changes in the type of vehicle being used (including changes in vehicle
options, the class, model or make of vehicle).
16.3.3 Variations in
hours of work and/or extended periods of absence - Where an employee’s hours of
work change significantly or the employee is absent on approved leave for an
extended period, Council and the employee shall discuss whether the employee
will be allowed to retain possession of the vehicle and/or whether the
leaseback vehicle fee is to be adjusted.
In the event that the leaseback vehicle fee is to be adjusted, subclause
(16.3.2) above shall not apply. In the
absence of agreement, Clause 32, Grievance and Disputes Procedures, shall
apply.
17. Residence
Where an employee is supplied by Council with a
residence, it shall be of a reasonable standard. The rental value of such
residence shall be agreed upon between Council and the employee. The rental
value as agreed may be deducted from the pay of the employee.
18. Hours of Work
18.1 General
18.1.1 Spread of Hours
Council and its employees agree that the following
fundamental objectives shall be considered in determining how an employee's
working hours are to be structured under this Award:
18.1.1.1 the most
efficient means of delivery of services;
18.1.1.2 the most
effective way of servicing the customer; and
18.1.1.3 the most
effective way of meeting employees' needs for satisfying work, personal
development, health and workplace safety.
18.1.2 Starting and
Finishing Times
The starting and finishing times within the spread of
hours provided by this clause shall be as determined by Council in consultation
with the employees concerned.
18.1.3 Ordinary Hours of
Work
18.1.3.1 The
ordinary hours for all employees shall be worked between 6:00a.m. and 6:00p.m.,
Monday to Friday.
18.1.3.2 Except
as otherwise provided in a Workplace Agreement, the ordinary hours for all
employees shall be 76 hours per fortnight worked on nine weekdays in any two
week cycle.
18.1.3.3 The
ordinary hours of work for employees, except as otherwise provided in a
Workplace Agreement, engaged in the following functions shall be 70 hours per
fortnight worked on nine weekdays in any two week cycle:
Administration;
Engineering (Professional and Trainees);
Executive Band;
Finance;
18.1.3.4 Management
will, in conjunction with the employees concerned, arrange rosters which will
ensure that both Council and employees are able to derive maximum benefit from
rostered days off; and to ensure that conflicts between rostered days and
public holidays do not occur. It is, however, acknowledged that, in order to
meet anticipated customer service commitments and minimum staffing levels, it
may not always be possible to schedule all rostered days for all employees on
Mondays or Fridays; and that there may be occasions when Council will seek to
negotiate and implement mutually acceptable arrangements with individual
employees for an alternative day off during a particular period.
18.1.3.5 Employees,
either at Council’s request or on their own request and with the approval of
Council, may defer up to four rostered days off per annum. Such deferred days
shall be added to and taken from the employee's annual leave.
18.1.3.6 Alternatively
where, at Council’s request and with the concurrence of the employee concerned,
an employee works on a rostered day off, such employee may elect to be paid for
such day in lieu of its deferral. Payment for any "rostered day off"
worked in accordance with this subclause shall be made at the same rates as
provided in this Award for working on an ordinary Saturday; without further
entitlement following such payment.
18.1.3.7 Employees
called out to perform duties either in their capacity as an on call officer or
just as a call-out giving rise to a ten
hour break on the following day as required by clause 19 of this Award, and the
following day is an RDO, then the employee/s shall have the right to defer
their RDO to another mutually agreed time.
18.2 Water treatment
plant work
18.2.1 Jugiong plant -
existing employees
18.2.1.1 Shift
work
18.2.1.1.1 Shift
workers are required to work a five plus four day, two shift system, spread
over nine weekdays and, except as provided hereunder, generally in accordance
with the provisions of Clause 18.1.
18.2.1.1.2 The
ordinary working hours of such employees shall not exceed 76 hours in any 14
consecutive days.
18.2.1.1.3 A shift
allowance of 15% of the ordinary daily rate of pay shall be paid to shift workers
provided for in this subclause for work on any shift which starts or finishes
outside the times of 7:00 am and 5:00 pm.
18.2.1.1.4 The
method of working shifts may in any case be varied by agreement between Council
and the affected employee(s) to meet the circumstances of the establishment.
The times of commencing and finishing shifts may be varied by agreement
between Council and such employees to
meet the circumstances of the establishment or, in the absence of agreement, by
seven days’ notice of alteration given by
Council to the affected employee(s).
18.2.1.1.5 In
agreement with their Supervisor, occasional exchanging of daily shifts between
employees covered by this clause (to meet family commitments, for example) is
allowed, provided there is no disruption to normal Plant operations.
18.2.1.1.6 The
shift roster is to commence on a weekday for a seven day period, of which the
ordinary weekdays will be worked on a shift work basis and weekend days (and
any public holidays) shall be worked and paid for in accordance with subclause
18.2.1.2 hereunder. Employees will continue to rotate duties between
"operation" and "maintenance" each alternate week.
18.2.1.2 Weekend work
18.2.1.2.1 An
employee required to undertake pre-arranged duties at the Plant on Saturdays,
Sundays and/or Award Holidays will be paid the amount set out in the Annexure
to this Award for each day so worked, with such payment being inclusive of
payment for the first four hours of overtime work performed during each
rostered day. These four hours shall be calculated on an hour-for-hour basis
for all time worked in accordance with this subclause.
18.2.1.2.2 Normal
overtime penalty rates will accrue after four hours of work performed on any
such Saturday, Sunday or Award Holiday.
18.2.1.2.3 For each
Award Holiday on which an employee is required to undertake pre-arranged
overtime, the employee shall be granted one day additional annual leave.
18.2.1.3 Meal
times - shift workers - Shift workers shall be allowed, in each ordinary
working shift, a meal crib time of twenty minutes, which shall be treated as
part of the shift and paid for accordingly.
18.2.1.4 Overtime
meal breaks - shift work - Meal breaks during periods of overtime and the
payment of meal allowances shall apply to shift workers required to work
overtime outside the hours of their ordinary rostered shift, except where, by
an approved arrangement made between employees or at their request, excess time
is incurred in changed shifts or in their ordinary rostered shifts.
18.2.2 Pre-arranged and
emergent work (All Plants)
The following provisions shall apply to employees other
than those to whom Clause 18.2.1.2.1 above applies, whether usually engaged on
a "shift work" or "normal hours" basis; whose place of
residence (whether or not it is supplied by Council) is within 400 metres of a
major Water Supply Headworks and/or Treatment Facility (i.e. Oura or Jugiong)
and who are required to undertake pre-arranged overtime duties at such
Facility.
18.2.2.1 An employee
required to undertake pre-arranged duties at a Plant on Saturdays, Sundays
and/or Award Holidays, together with incidental emergent duties outside working
hours throughout the week, will be paid the amount set out in the Annexure to
this Award for each week so worked, with such payment being inclusive of
payment for the first four hours of overtime work performed during each week.
These four hours shall be calculated on an hour-for-hour basis for all time
worked in accordance with this subclause.
18.2.2.2 Normal
overtime penalty rates will accrue after four hours of work performed in any
such week.
18.2.2.3 For each
Award Holiday on which an employee is required to undertake pre-arranged
overtime, the employee shall be granted one day additional annual leave.
18.2.2.4 The
requirement of this Clause to undertake incidental emergent duties is not a
requirement to be available for "on call" duties pursuant to Clause
19.2 of this Award; and the provisions of 6 are specifically excluded from any
application under this Clause.
18.2.2.5 In the
event of Council requiring an employee to work concurrently under both the
provisions of this Clause and the "on call" Clause (18.2), all time
worked on, and conditions stipulated for, each set of duties shall stand
separately and be paid separately and cumulatively.
19. Overtime
19.1 General
19.1.1 It shall be a
condition of employment that employees shall be available to work reasonable
overtime to meet the needs of Council.
19.1.2 Except to the
extent that, either under or prior to the making of this Award, a supplementary
or annualised payment has been incorporated into the ordinary pay of individual
employees, overtime shall be worked and paid for in accordance with this Award.
19.1.3 Except where
otherwise provided all time worked by direction before the agreed commencement
of ordinary hours, or later than the agreed completion of ordinary hours, shall
be paid for at the rate of time and a half for the first two hours and double
time thereafter.
19.1.4 Overtime worked on
Saturday shall be paid for at the rate of time and a half for the first two
hours and double time thereafter, provided any overtime worked after 12 noon
Saturday shall be at double time.
19.1.5 Overtime worked on
Sunday shall be paid for at the rate of double time.
19.1.6 Overtime shall be
claimed within 30 days of it being worked. Council shall keep a record of such
overtime. Overtime accruals shall not be forfeited and shall be paid at the
appropriate overtime rate on termination or at other agreed time.
19.1.7 An employee (other
than a casual) who works four or more hours overtime:
19.1.7.1 between
the completion of ordinary work on one shift and the commencement of ordinary
work on the next shift so that they have not had at least ten (10) consecutive
hours off duty between those times, or
19.1.7.2 on days
other than ordinary working days so that they have not had ten (10) consecutive
hours off duty in the fourteen (14) hours preceding the employee’s ordinary
commencement time on the next ordinary working day,
shall be released after completion of such overtime
until they have had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
If an employee is instructed to resume work without
having had ten consecutive hours off duty, the employee shall be paid at double
ordinary rates until released from duty and then shall be entitled to a ten
hour break without loss of pay.
This subclause only applies to employees who are on
call or called back to work:
19.1.7.3 for four
hours or more, or
19.1.7.4 on
consecutive days without having had a ten hour break, or
19.1.7.5 on more
than one occasion during the day outside of the four hour period.
19.1.8 Where there is
prior agreement between Council and the employee, an employee directed to work
in excess of ordinary hours may elect either to be paid the appropriate
overtime rate or be granted time in lieu equivalent to the actual hours worked.
This subclause shall not apply to employees who are on call or called back to
work.
19.1.9 Employees
classified in the Executive Band 4 of this Award may be required, in addition
to their ordinary hours, to attend meetings of Council and standing and / or
special committee meetings. For the purpose of this subclause, an employee who
is required to attend meetings of Council and standing and / or special
committee meetings shall be entitled to claim overtime for actual hours worked
after 11.00 pm.
19.1.10 Subject
to paragraph 19.1.11, Council may require an employee to work reasonable
overtime at overtime rates.
19.1.11 An
employee may refuse to work overtime in circumstances where the working of such
overtime would result in the employee working hours which are unreasonable.
19.1.12 For the
purposes of paragraph 19.1.11, what is unreasonable or otherwise will be
determined having regard to:
19.1.12.1 any risk
to the employee;
19.1.12.2 the
employee’s personal circumstances including any family and carer
responsibilities;
19.1.12.3 the
needs of the workplace;
19.1.12.4 the
notice, if any, given by the employer of the overtime and by the employee of
their intention to refuse it; and
19.1.12.5 any
other matter.
19.2 On
call
19.2.1 An employee is
"On Call" if Council requires the employee to be available, outside
the employee’s usual ordinary hours, for emergency and/or breakdown work and
associated responsibilities as detailed in Council’s Policies (and which formed
an annexure to the former Goldenfields Water County Council Enterprise Award).
The On Call period will commence on a weekday for a seven day period. It is
intended that no employee will be required to participate in an On Call roster
for any more than two weeks in any ten week period. To allow Council
flexibility when faced with unforseen staff shortages, employees may be
required to undertake additional on call periods however such additional
periods are not to exceed five weeks in any ten week period.
On Call work shall not include overtime which has been
pre-arranged prior to the employee’s normal ceasing time.
19.2.2 An employee
required to be On Call will be paid the amount set out in the Annexure to this
Award each rostered week, with such payment being inclusive of payment for the
first four hours of call out work performed during each rostered period. These
four hours shall be calculated on an hour-for-hour basis inclusive of Saturday,
Sunday and Award Holidays.
19.2.3 Normal overtime
penalty rates will accrue after four hours of work performed during the On Call
period.
19.2.4 For each Award
Holiday on which an employee is On Call, the employee shall be granted one day
additional annual leave.
19.2.5 When an On Call
officer has performed duties, a minimum rest period of ten hours will be
provided following the completion of the last activity and prior to the
resumption of normal work.
19.2.6 An On Call
employee must be able to be contacted and commence duty in response to a
call-out within 15 minutes.
19.3 Call Back
19.3.1 For the purposes
of this Award, an employee shall be deemed to be on a call back if the employee
is recalled to work overtime without receiving notice before ceasing work.
19.3.2 Any employee who
is called back to work as defined in subclause 19.3.1 shall be paid for a
minimum of four hours work at the appropriate overtime rate for each time so
recalled. Provided that any subsequent call backs occurring within a four hour
period of a call back shall not attract any additional payment. An employee
working on a call back shall be paid the appropriate overtime rate from the
time that such employee departs for work.
Except in the case of unforeseen circumstances arising,
the employee shall not be required to work the full four hours if the job that
the employee was recalled to perform is completed within a shorter period. This
subclause shall not apply in cases where the call back is continuous subject to
a reasonable meal break with the commencement of ordinary hours.
19.4 Duty Officer
19.4.1 An employee is
"Duty Officer" if Council requires the employee to be available,
outside the employee’s usual ordinary hours, for the purpose of being the
principal point of contact for water supply matters and associated
responsibilities as detailed in Council’s Policies (and which formed an
annexure to the former Goldenfields Water County Council Enterprise Award). The
duty period will commence on a weekday for a seven day period. It is intended
that no employee will be required to participate in a duty roster for any more
than two weeks in any ten week period. To allow Council flexibility when faced
with unforseen staff shortages, employees may be required to undertake additional
Duty Officer periods however such additional periods are not to exceed five
weeks in any ten week period.
19.4.2 Duty Officer work
shall not include overtime which has been pre-arranged prior to the employee’s
normal ceasing time.
19.4.3 A Duty Officer
must be able to be contacted at all times while on roster.
19.4.4 An employee
required to perform the role of Duty Officer will be paid the amount set out in
the Annexure to this Award each rostered week which is in lieu of:
19.4.4.1 any claim
for payment for being available, during the rostered period, outside of the
employee’s usual ordinary hours of work, and
19.4.4.2 any
claim for payment for work performed, outside the employee’s usual ordinary
hours of work, in their capacity of Duty Officer.
19.4.5 For each Award
Holiday on which an employee is Duty Officer, the employee shall be granted one
day additional annual leave.
19.4.6 Employees
performing Duty Officer work shall be entitled to all other allowances
prescribed by this Award, where applicable.
19.4.7 When a Duty
Officer has performed substantial evening or overnight duties totalling more
than two hours between 11.00pm and 4.00am a minimum rest period of ten hours
will be provided following the completion of said duties and prior to the
resumption of normal work.
19.5 Duty Officer -
"Second Call"
19.5.1 In order to assist
in the provision of after hours responses at peak times, Council may require
any employee to be available to assist the Rostered Duty Officer in the event of
demand exceeding the Rostered Duty Officer’s capacity to deal with same. An
employee required to undertake such duties will be paid the amount set out in
the Annexure to this Award each rostered week, with such payment being subject
to all of the relevant provisions of Clause 18.3 above; with the exception of
Clause 18.3.5.
19.5.2 The rostering of
employees to undertake "second call" duties will be arranged by
Council at the same time and in the same manner as applies to all other
arrangements for rostering of "on call", "duty officer" and
"rostered days off".
20. Holidays
20.1 The days on which
holidays shall be observed are as follows: New Years' Day; Australia Day; Good
Friday; Easter Saturday; Easter Monday; Anzac Day; Queen's Birthday; Labour Day;
Christmas Day; Boxing Day and all locally proclaimed holidays within the
council's area, and all special days proclaimed as holidays to be observed
throughout the whole of the State of NSW. It is, however, agreed that locally
proclaimed holidays shall only apply to employees whose permanent place of work
is within the area of such local proclamation.
20.2 In addition to
the days provided for in clause 20.1 employees who are Aboriginal and Torres
Strait Islanders shall be entitled to one day during NAIDOC week so that they
can participate in National Aboriginal and Islander Day celebrations. Eligible employees shall provide Council
with at least seven (7) days notice of their intention to take the holiday in
accordance with this subclause.
20.3 Where any of the
holidays prescribed by this Award fall on a day ordinarily worked by the
employee, the employee shall not have a reduction in ordinary pay.
20.4 Except as
otherwise provided, where an employee is required to work on a holiday as
prescribed by this award, the employee shall be paid at double time and a half
inclusive of payment for the day with a minimum payment of four hours worked.
20.5 All employees
classified in the Operational Band 1 of this Award employed in garbage,
sanitary and sullage (other than the supervisor) who are required to work on
Good Friday or Christmas Day shall be paid at triple time inclusive of payment
for the day with a minimum payment of four hours work.
20.6 Where an employee
is required to work ordinary hours on a holiday as prescribed by this Award,
the council and the employee may agree that the employee be paid time and a
half for the hours worked on a holiday and in addition, be granted equivalent
time off in lieu to be paid at ordinary time for each holiday worked. Such
leave shall be taken at a mutually convenient time.
20.7 When a holiday
occurs on a day on which an employee is rostered off while employed on a seven
day a week rotating roster system, the employee shall be paid a day's pay at
ordinary rates in addition to the ordinary week's pay. Council may in lieu of
making such additional payment, grant a day's leave for each such holiday which
may be taken at such time as is mutually agreed to between Council and the
employee.
21. Union Picnic Day
21.1 Union Picnic Day
shall for the purposes of this Award be regarded as a holiday for employees who
are financial members of the union(s). The Union Picnic Day shall be on such
day as is agreed between Council and the union(s).
21.2 The union(s)
shall advise Council of financial members as at the time of the Union Picnic
Day. Such advice must be given at least two weeks prior to the Union Picnic
Day.
Employees who are not financial members of the union(s)
and who are required to work on Union Picnic Day, shall be paid ordinary pay
for their normal working day.
21.3 Employees who are
not financial members of the union(s) and who are not required to work on Union
Picnic Day, may apply to Council to take annual leave, time off in lieu of
overtime, leave without pay, such other leave as may be approved by council, or
may be required by council to make up time.
21.4 Where Council
approves or grants non financial members of the union(s) an additional day in
excess of current entitlements of those employees, financial members of the
union(s) will be granted an additional day off.
22. Leave Provisions
In addition to the provisions of the Award, the
following supplementary Leave Provisions shall apply to employees of Council.
22.1 Sick leave
22.1.1
Employees who are unable due to sickness to attend for
duty shall be entitled during each year of service to sick leave of 3 weeks at
the ordinary rate of pay subject to the following conditions:
22.1.1.1 Council
shall be satisfied that the sickness is such that it justifies the time off;
and
22.1.1.2 Council
shall be satisfied that the illness or injury does not arise from engaging in
other employment; and
22.1.1.3 proof of
illness to justify payment shall be required after 4 separate periods of
absence in each service year or where an absence exceeds 3 or more concurrent
working days; and
22.1.1.4 when
requested, proof of illness shall indicate the employee’s inability to
undertake their normal duties; and
22.1.1.5 where a
person is employed on a fixed-term or temporary basis of less than twelve (12)
months duration the employee shall be entitled to one (1) weeks sick leave on
commencement. The employee shall be
entitled to a further one (1) weeks sick leave after each four (4) months of
continuous service.
22.1.1.6 Proof of
illness may include certification from a qualified medical/health practitioner,
registered with the appropriate government authority or statutory declaration.
22.1.1.7 The
council may require employees to attend a doctor nominated by council at
council’s cost.
22.1.1.8 Sick
leave shall accumulate from year to year so that any balance of leave not taken
in any one year may be taken in a subsequent year or years.
22.1.1.9 Accumulated
sick leave shall be transferable on change of employment from council to
council within New South Wales up to 13 weeks, provided that an employee shall
only be entitled to transfer sick leave accumulated since the employee’s last
anniversary date on a pro-rata basis. Such accumulated sick leave shall only be
transferable if the period of cessation of service with Council and appointment
to the service of another council does not exceed three months. The sick leave
entitlement transferred shall not exceed the maximum amount transferable as
prescribed by the appropriate award at the time of transfer.
22.1.1.10 Where an
employee has had 10 years’ service with the Council and the sick leave
entitlement as prescribed has been exhausted, Council may grant such additional
sick leave as, in its opinion, the circumstances may warrant.
22.1.1.11 Section
50 of the Workers Compensation Act 1987 dealing with the relationship
between sick leave and workers compensation applies.
22.1.2 An employee shall,
wherever possible, notify their supervisor, within one hour of the employee’s
usual starting time, of the employee’s inability to attend on account of
illness or injury and advise the employer of the estimated duration of their
absence.
22.1.3 Illness During
Annual and Long Service Leave - If an employee becomes sick or is injured for a
period of at least seven consecutive days whilst on annual or long service
leave and produces at the time satisfactory medical evidence that the employee
is unable to derive benefit from such leave, then the employee’s leave balances
will be adjusted by:
22.1.3.1 Re-crediting
the number of annual or long service leave days shown in the medical evidence,
and
22.1.3.2 Debiting
the employee’s sick leave balance by the corresponding number of days.
22.2 Carers Leave
22.2.1 Use of Sick Leave:
An employee, other than a casual employee, with responsibilities in relation to
a class of person set out in subclause 22.2.7.2 below who needs the employee's
care and support shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for at Clause 20.2.1,
Sick Leave of this Award, for absences to provide care and support for such
persons when they are ill, or who require care due to an unexpected emergency.
Such leave may be taken for part of a single day.
22.2.2 Carer’s leave is
not intended to be used for long term, ongoing care. In such cases, the
employee is obligated to investigate appropriate care arrangements where these
are reasonably available.
22.2.3 Where more than
ten days’ sick leave in any year of service is to be used for caring purposes
the council and employee shall discuss appropriate arrangements which, as far
as practicable, take account of the council’s and employee’s requirements.
22.2.4 Where the parties
are unable to reach agreement the grievance and disputes procedures at Clause
32 of this Award should be followed.
22.2.5 In normal
circumstances, an employee must not take carer's leave under this clause where
another person has taken leave to care for the same person.
22.2.6 Council may
require the employee to provide proof of the need for carer’s leave as follows:
22.2.6.1 Less
than 10 days - Where less than ten days’ sick leave in any year of service is
sought to be used for caring purposes Council may require the employee to
establish either by production of a medical certificate or statutory
declaration, the illness of the person concerned and that the illness is such
as to require care by another person; or
22.2.6.2 More
than 10 days - Where more than ten days’ sick leave in any year of service is
sought to be used for caring purposes Council may require the employee to
produce a medical certificate from a qualified medical/health practitioner
showing the nature of illness of the person concerned and such other
information as may be reasonably necessary to demonstrate that the illness is
such as to require care by the employee and that no other appropriate care
arrangements are reasonably available, or
22.2.6.3 Establish
by production of documentation acceptable to the council or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
22.2.7 The entitlement to
use sick leave in accordance with this subclause is subject to:
22.2.7.1 the
employee being responsible for the care of the person concerned; and
22.2.7.2 the
person concerned being:
22.2.7.2.1 a spouse
of the employee; or
22.2.7.2.2 a
defacto spouse, who, in relation to a person, is a person of the opposite sex
to the first mentioned person who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person, or
22.2.7.2.3 a child
or an adult child (including an adopted child, a step child, foster child or an
ex nuptial child), parent (including a foster parent, step parent and legal
guardian), parents of spouse, grandparent, grandchild or sibling (including half,
foster and step sibling) of the employee or spouse or de facto spouse of the
employee; or
22.2.7.2.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
22.2.7.2.5 a
relative of the employee who is a member of the same household, where for the
purposes of this paragraph:
22.2.7.2.5.1 'relative'
means a person related by blood, marriage or affinity;
22.2.7.2.5.2 'affinity'
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
22.2.7.2.5.3 'household'
means a family group living in the same domestic dwelling.
22.2.7.3 An
employee may elect, with the consent of Council, to take unpaid leave for the
purpose of providing care and support to a class of person set out in subclause
22.2.7.2 above who is ill or who requires care due to an unexpected emergency.
22.2.7.4 An
employee shall, wherever practicable, give Council notice prior to the absence
of the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the employer by
telephone of such absence at the first opportunity on the day of absence.
22.2.8 Carer’s
Entitlement for Casual Employees
22.2.8.1 Subject
to the evidentiary and notice requirements in subclauses 22.2.6 and 22.2.9
casual employees are entitled to not be available to attend work, or to leave
work if they need to care for a person prescribed in subclause 22.2.7.2 of this
clause who are sick and require care and support, or who require care due to an
unexpected emergency, or the birth of a child.
22.2.8.2 Council
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
22.2.8.3 Council
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
22.2.9 Time off in Lieu
of Payment for Overtime
An employee may, with the consent of Council, elect to
take time in lieu of payment of overtime accumulated in accordance with the
provisions of Clause 18 Part A of this Award for the purpose of providing care
and support for a person in accordance with subclause 22.2.7.2 above.
22.2.10 Make-up
time
An employee may elect, with the consent of Council, to
work 'make-up time', under which the employee takes time off during ordinary
hours, and works those hours at a later time, within the spread of ordinary
hours provided in the Award, at the ordinary rate of pay for the purpose of
providing care and support for a person in accordance with subclause 22.2.7
above.
22.2.11 Annual
Leave and Leave Without Pay
An employee may elect with the consent of Council to
take annual leave or leave without pay for the purpose of providing care and
support for a person in accordance with subclause 22.2.7 above. Such leave
shall be taken in accordance with Clause 22 .3, Annual Leave and Clause 22.9,
Leave Without Pay of this Award.
22.3 Annual Leave
22.3.1 Annual leave of
absence consisting of 4 weeks at the ordinary rate of pay, exclusive of public
holidays observed on working days shall be granted to an employee, after each
12 months service and, except as provided for in subclause 22.3.2 of this
clause, shall be taken on its due date or as soon as is mutually convenient
thereafter Council and the employee.
22.3.2 Council may direct
an employee to take annual leave by giving at least four weeks prior
notification in the following circumstances:
22.3.2.1 where
the employee has accumulated in excess of eight weeks annual leave
22.3.2.2 a period
of annual close-down of up to and including 4 weeks.
Provided that:
22.3.2.2.1 Where an
employee has accrued more annual leave than the period of the annual close
down, the balance of such leave shall be taken in accordance with subclause 22.3.1
of this clause.
22.3.2.2.2 In the
case of employees who are not entitled to annual leave or do not have an
entitlement sufficient to cover the period of the close-down, council shall
endeavour to provide meaningful duties as are within the limits of the
employee's skill, competence and training for the whole or part of the
close-down.
22.3.2.2.3 In the
event that meaningful duties are not available the employee may be directed to
take leave without pay, or by agreement with council may take annual leave in
advance of the entitlement provided that in the event of the employee leaving
employment before the entitlement becomes due, such annual leave shall be
repaid by a deduction from the employee's termination pay.
22.3.2.2.4 In the
event that leave without pay is directed to be taken, such leave shall be
regarded as service for the purpose of the accrual of long service leave, sick
leave and annual leave
22.3.3 Payment to an
employee proceeding on annual leave shall be made Council at the employee’s
ordinary rate of pay for the period of annual leave either before the
commencement of the employee’s annual leave, or by agreement through the usual
pay periods.
22.3.4 On resignation or
termination of employment, Council shall pay to the employee:
22.3.4.1 their
ordinary rate of pay for all untaken leave credited for completed years of
service, and
22.3.4.2 for an
incomplete year, one twelfth of their ordinary rate of pay multiplied by the
number of completed weeks of service in that year.
Provided that the employee shall not receive payment
for more than four weeks annual leave for any period of twelve months.
22.3.5 Where an employee
receives a varying rate of pay for 6 months or more in the aggregate in the
preceding 12 month period, the employee's ordinary rate of pay shall be deemed
to be the average weekly rate of pay earned during the period actually worked
over the 12 months immediately preceding the annual leave or the right to
payment under this clause.
22.4 Long service
leave
22.4.1 Rate of Accrual
Except as otherwise provided in this Clause, employees
shall accrue and Council shall credit each employee long service leave on
ordinary pay after each period of continuous service with Council on the
following basis:
22.4.1.1 On
completion of five years service, 6.5 weeks
22.4.1.2 On
completion of ten years service, a further 6.5 weeks
22.4.1.3 After
completion of each of the eleventh to fifteenth years, 1.7 weeks per year
22.4.1.4 After
completion of each subsequent year, 2.7 weeks per year
22.4.2 Termination of
Service
Where an employee has completed more than five years
service and is terminated for any cause, long service leave shall be deemed to
have accrued for the employee’s total length of service and an amount
equivalent to such long service leave, less such leave already taken, computed
in monthly periods and equivalent to 1.3 weeks for each year of service up to
ten years; and thereafter at the annual rates stipulated in Clause 22.4.1 above;
shall be paid to such employee on termination.
22.4.3 Continuous Service
Continuous Service shall be the period from the date of
commencement to the date of termination of employment and shall include:
22.4.3.1 All
approved paid leave
22.4.3.2 Subject
also to Sub-clauses 22.4.2, previous employment with Great Southern Energy,
Northern Riverina County Council or Department of Public Works and Services
which was terminated by compulsory transfer to Council on or after July 01,
1997.
22.4.3.3 Employment
as a part-time employee
22.4.3.4 Service
with any other Government Department or Local Government Body shall be service
for the purpose of long service leave accrual under this Award provided that:
22.4.3.4.1 the
former employer pays to Council the monetary value of the long service leave
which the employee has accrued at the time of transfer, and
22.4.3.4.2 the
period between cessation of service with the former employer and appointment to
the service of Council does not exceed three months and such period is covered
by accrued annual and long service leave standing to the credit of the employee
at the time of the transfer, and
22.4.3.4.3 the
employee concerned does not engage in work of any kind during the period of
paid leave between the cessation of service with the former employer and
appointment to the service of Council.
22.4.3.5 Service
in the armed forces, enlisted or conscripted, shall be service for the purpose
of long service leave accrual provided that the employee was an employee of Council,
its predecessors or a Local Government Council in New South Wales at the time
of commencing the service.
22.4.4 For those
employees whose continuous service, as defined at Clause 22.4.3, is comprised
of a combination of service with Great Southern Energy, or Northern Riverina
County Council, or the Department of Public Works and Services; and Council,
Council shall credit each employee long service leave on ordinary pay as
follows:
22.4.4.1 For that
period of service with Great Southern Energy, Northern Riverina County Council
or the Department of Public Works and Services; at the amount of leave accrual
prescribed within the relevant Award or Industrial Instrument governing the
employee’s long service leave entitlements during that period of service, and
22.4.4.2 For that
period of service with Council; at the amount of leave prescribed at Clause
22.4.3 of this Award.
22.4.5 Full Pay, Half
Pay, Double Pay
An employee who is entitled to long service leave may,
with the consent of Council, take long service leave:
22.4.5.1 on full
pay; or
22.4.5.2 on half
pay; or
22.4.5.3 on
double pay.
22.4.6 When an employee
takes long service leave, the leave entitlement will be deducted on the
following basis:
22.4.6.1 a period
of leave on full pay - the number of days so taken; or
22.4.6.2 a period
of leave on half pay -half the number of days so taken; or
22.4.6.3 a period
of leave on double pay - twice the number of days so taken.
22.4.7 When an employee
takes long service leave, the period of service for the purpose of leave
accruals shall be as follows:
22.4.7.1 a period
of leave on full pay - the number of days so taken; or
22.4.7.2 a period
of leave on half pay -half the number of days so taken; or
22.4.7.3 a period
of leave on double pay -the number of days so taken.
22.4.8 Employees that
take long service leave at half or double pay shall not be disadvantaged nor
obtain a windfall gain in relation to superannuation.
22.5 Parental Leave
(General)
Relationship with federal legislation - Clauses 22.5.,
22.6, 22.7, and 22.9 of this award
shall apply in addition to:
(i) Chapter 2, Part
2-2, Division 5 - ‘Parental leave and related entitlements’ of the National
Employment Standard (NES) under the Fair Work Act 2009 (Cth); and
(ii) the Paid
Parental Leave Act 2010 (Cth).
Note: Division 5 of the Fair Work Act 2009 (Cth) relates
to:
• unpaid
parental leave, including unpaid adoption leave
• unpaid
special maternity leave
• transfer to
a safe job and no safe job leave
|
22.6 Requests for
flexible work arrangements
Chapter 2, Part 2-2, Division 4, Requests for Flexible
Working Arrangements of the Fair Work Act 2009, shall apply.
22.7 Paid
Parental Leave
22.7.1 Definitions - in
this clause:
22.7.1.1 PPL
instalments shall mean instalments paid during the paid parental leave period
under the Paid Parental Leave Act 2010 (Cth).
22.7.1.2 parental
leave make-up pay shall mean the employee’s ordinary pay, inclusive of PPL
instalments. Where an employee works a
varying number of ordinary hours for 6 months or more in the aggregate in the
12 month period immediately preceding leave associated with the birth of a
child, the employee’s ordinary hours shall be deemed to be the average weekly number
of ordinary hours worked during the 12 month period.
22.7.2 Eligibility
This clause shall apply to an employee who is receiving
PPL instalments as a primary or secondary claimant under the Paid Parental Leave
Act 2010 (Cth) and who has had 12 months continuous service with Council
immediately prior to the commencement of paid leave.
22.7.3 Entitlement to
parental leave make-up pay
22.7.3.1 An
employee shall be entitled to parental leave make-up pay for the period that
they are receiving PPL instalments, up to a maximum of 18 weeks.
22.7.3.2 Parental
leave make-up pay shall be counted as service for the purposes of long service,
annual and sick leave accruals and superannuation. Superannuation is calculated
on the employee’s ordinary rate of pay.
22.7.3.2 Re-qualification
period - An employee shall not be entitled to a further period of parental
leave make up pay unless the employee has returned to work for the council for
at least 3 months since their previous period of parental leave.
22.7.4 Employee’s right
to choose
22.7.4.1 An
employee who satisfies the eligibility criteria for paid maternity leave or
paid special maternity leave under Clause 19F, Paid Maternity Leave, of the
Local Government (State) Award 2007, may elect to receive paid maternity leave
and / or paid special maternity leave in accordance with the provisions of the
Local Government (State) Award 2007 in lieu of the entitlement to parental
leave make-up pay under this award.
22.7.4.2 This
subclause shall not apply where another employee of council receives parental
leave make-up pay in connection with the pregnancy or birth of the child.
22.8 Concurrent Parental Leave
An employee, other than a casual, who is a supporting
parent shall be entitled to up to 10 days paid concurrent parental leave from
their accrued sick leave balance at the time their partner gives birth to a
child or at the time the employee adopts a child provided that the employee has
had 12 months continuous service with council immediately prior to the
commencement of their concurrent parental leave.
22.9 Adoption Leave
22.9.1 Eligibility
This clause applies to an employee who is entitled to
adoption-related leave under the Fair Work Act 2009 (Cth).
22.9.2 Pre-adoption Leave
22.9.2.1 An
employee, other than a casual, who is entitled to unpaid pre-adoption leave
under the Fair Work Act 2009 (Cth) is entitled to up to 2 days paid
pre-adoption leave at ordinary pay for the period of such leave.
22.9.2.1 An employee
who is entitled to a period of paid pre‑adoption leave is entitled to
take the leave as:
22.9.2.1.2 single
continuous period of up to 2 days; or
22.9.2.1.3 any
separate periods to which the employee and council agree.
22.9.2 Adoption Leave
22.9.2.1 An
employee, other than a casual, who has or will have primary responsibility for
the care of an adopted child is entitled to up to 4 weeks paid adoption leave
at ordinary pay from the date the child is placed with the employee for
adoption.
22.9.2.2 Paid
adoption leave must not extend beyond 4 weeks of the date of placement of the
child.
22.9.2.3 This
subclause shall not apply where an employee of council receives parental leave
make-up pay in connection with the adoption of the child.
22.10 Other
paid leave
22.10.1 Jury
Service Leave
An employee required to attend for jury service during
the employee’s ordinary working hours shall be reimbursed by Council an amount
equal to the difference between the amount in respect of the employee’s
attendance for such jury service and the amount of wage the employee would have
received in respect of the ordinary time the employee would have worked had the
employee not been on jury service. An employee shall notify Council as soon as
possible of the date upon which the employee is required to attend for jury
service. Further the employee shall give Council proof of attendance, the
duration of such attendance and the amount received in respect of such jury
service.
An employee required to attend for jury service during
a period of annual leave shall, on application and on production of
satisfactory evidence, be credited with annual leave at a subsequent date, for
the period during which the employee would have been on annual leave had the
employee not been on jury service.
22.10.2 Union
Training Leave
Council shall agree to release employees to attend an
accredited trade union training course with pay and such agreement shall not
unreasonably be withheld.
22.10.3 Union
Conference Leave
Accredited delegates to the union’s annual conferences
shall be granted paid leave for the duration of the conference provided
that Council’s operational requirements
are met and the union notifies Council of the accredited delegates nominated to
attend the conference at least one month prior to the commencement of the
conference.
22.11 Bereavement leave
22.11.1 Where an
employee, other than a casual, is absent from duty because of the death of a
person in accordance with paragraphs 22.7.1 to 22.7.5 below and provides
satisfactory evidence to Council of such, the employee shall be granted four
days leave with pay upon application. Persons in respect of whom bereavement
leave may be claimed shall include:
22.11.1.1 a spouse
of the employee; or
22.11.1.2 a de
facto spouse, who, in relation to a person, is a person of the opposite sex to
the first mentioned person who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person; or
22.11.1.3 a child
or an adult child (including an adopted child, a step child, foster child or an
ex nuptial child), parent (including a foster parent, step parent and legal
guardian), parents of spouse, grandparent, grandchild or sibling (including
half, foster and step sibling) of the employee or spouse or de facto spouse of
the employee; or
22.11.1.4 a same
sex partner who lives with the employee as the de facto partner of that
employee on a bona fide domestic basis; or
22.11.1.5 a relative
of the employee who is a member of the same household, where for the purposes
of this paragraph:
22.11.1.6 ‘relative’
means a person related by blood, marriage or affinity;
22.11.1.7 ‘affinity’
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
22.11.1.8 ‘household’
means a family group living in the same domestic dwelling.
22.6.1 Bereavement
Entitlements for Casual Employees
22.6.1.1 Subject
to providing satisfactory evidence to the council, casual employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in subclause 22.7.1 paragraphs
22.7.1.1-22.7.1.5 of Clause 22.7, Bereavement Leave.
22.6.1.2 Council
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 96 hours (i.e.
four days) per occasion. The casual employee is not entitled to any payment for
the period of non-attendance.
22.6.1.3 Council
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of the council to engage
or not engage a casual employee are otherwise not affected.
22.12 Emergency service
leave
22.12.1 Council
will release employees who are registered members of New South Wales Emergency
Service Organisations to participate in declared emergency events without loss
of ordinary pay or entitlements subject to such release not jeopardising
Council’s ability to maintain its core services.
22.12.2 The
releasing of such employees shall be subject to the following:
22.12.2.1 The
release of the employee from duty, either by the appropriate supervisor or,
when such supervisor cannot be contacted, the rostered Duty Officer.
22.12.2.2 The
subsequent submission of appropriate certification duly signed by an authorised
officer of the emergency organisation detailing particulars of the employees
participation in the event.
22.13 Leave without pay
22.13.1 Periods
of leave without pay, shall be taken at a time mutually convenient to council
and the employee, and shall not be regarded as service for the purpose of
computing long service leave, sick leave, annual leave or an employee’s
entitlement to parental leave make-up pay. Such periods of leave without pay
shall not however, constitute a break in the employee’s continuity of service.
22.13.2 An
employee shall not be entitled to any payment for public holidays during an
absence on approved leave without pay.
23. Flexibility for
Work and Family Responsibilities
23.1 Council and an
employee, other than a casual, may agree on flexible work and leave
arrangements to enable the employee to attend to work and family
responsibilities. Council shall not
unreasonably withhold agreement to flexible work and leave arrangements,
provided its operational needs are met.
23.2 Flexible work and
leave arrangements include but are not limited to:
23.2.1 make up
time;
23.2.2 flexi
time;
23.2.3 time in
lieu;
23.2.4 leave
without pay;
23.2.5 annual
leave;
23.2.6 part-time
work;
23.2.7 job
share arrangements;
23.2.8 variations
to ordinary hours and rosters;
23.2.9 purchased
additional annual leave arrangements; and
23.2.10 arrangements
to accommodate breastfeeding women.
23.3 The terms of a
flexible work and leave arrangement shall be in writing and may be varied from
time to time, by agreement, to suit the specific needs of either party.
24. Phased Retirement
24.1 In recognition of
the ageing workforce in local government and the need to retain skills and
experience within the industry, councils are encouraged to develop and promote
flexible work and leave arrangements to enable their employees to better manage
their transition into retirement.
24.2 Examples of
flexible work and leave arrangements include:
24.2.1 Part-time work;
24.2.2 Flexi time;
24.2.3 Leave without pay;
24.2.4 Job sharing
arrangements;
24.2.5 Variations to
ordinary hours and rosters;
24.2.6 Job redesign; and
24.2.7 Purchased
additional annual leave arrangements.
24.3 The terms of a
flexible work and leave arrangements shall be in writing and may be varied from
time to time, by agreement, to suit the specific needs of either Council or the
employee.
25. Part-Time
Employment
25.1 A part-time
employee shall mean an employee who is engaged on the basis of a regular number
of hours which are less than the full-time ordinary hours in accordance with
Clause 18, Hours of Work of this Award.
25.2 Prior to
commencing part-time work Council and the employee shall agree upon the
conditions under which the work is to be performed including:
25.2.1 The hours to be
worked by the employee, the days upon which they shall be worked and the
commencing times for the work.
25.2.2 The nature of the
work to be performed.
25.2.3 The rate of pay as
paid in accordance with this Award
25.3 The conditions may
also stipulate the period of part-time employment.
25.4 The conditions
may be varied by consent.
25.5 The conditions or
any variation to them must be in writing and retained by Council. A copy of the
conditions and any variations to them must be provided to the employee by the
Council.
25.6 Where it is
proposed to alter a full-time position to become a part-time position such
proposal shall be referred to the consultative committee for information.
25.7 In such cases
Council and the employee shall agree upon the conditions, if any, of return to
full-time work.
25.8 A part-time
employee may work more than their regular number of hours at their ordinary
hourly rate by agreement. Where an employee works hours outside the spread of
hours in Clause 18, Hours of Work of this Award, the provisions of Clause 19,
Overtime, shall apply.
25.9 Part-time
employees shall receive all conditions prescribed by the Award on a pro-rata
basis of the regular hours worked. An adjustment to the accrued leave
entitlements may be required at the conclusion of each service year based on
the proportion of actual hours worked.
25.10 Where a public
holiday falls on a day where a part-time employee would have regularly worked
the employee shall be paid for the hours normally worked on that day.
25.11 A change to
full-time employment from part-time employment or to part-time employment from
full-time employment shall not constitute a break in the continuity of service.
All accrued entitlements shall be calculated in proportion to the hours worked
in each employment arrangement.
26. Casual Employment
26.1 A casual employee
shall mean an employee engaged on a day to day basis.
26.2 A casual employee
shall be paid the hourly rate for ordinary hours worked in accordance with
Clause 18., Hours of Work.
26.3 Casual employees
who work on Saturday and/or Sunday are entitled to penalty rates prescribed by
clause 18.1.2 of the Award. The
penalties are calculated on the ordinary hourly rate.
26.4 Casual employees
who work outside the relevant spread of hours identified at clause 17C(i) and
(ii) of the State Award are entitled to a shift penalty. The penalty is calculated on the ordinary
hourly rate.
26.5 Subject to clause
18A (viii) of the State Award, a casual employee will not be offered to work
overtime in a position held by a permanent employee of Council, if such
permanent employee is available to work that overtime. Overtime shall be paid
where a casual employee works outside the ordinary hours for that position. In
cases where there are no ordinary hours for the position, overtime shall be
paid for the hours worked in excess of those prescribed in Clause 17, Hours of
Work of the State Award.
26.6 In addition to
the amounts prescribed by subclause 24.2
of this clause, a twenty-five percent loading, calculated on the
ordinary hourly rate, shall be paid. This loading shall not attract any
penalty. This loading shall be paid in lieu of all leave and severance pay,
except for paid parental leave prescribed by the State Award. Casual loading is
not payable on overtime.
26.7 Casual employees
engaged on a regular and systematic basis shall:
26.7.1 Have access to
annual assessment under council's salary system.
26.7.2 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.
26.8 A casual employee
shall not replace an employee of Council on a permanent basis.
26.9 Carer’s
entitlements shall be available for casual employees as set out in subclause
(vii) of Clause 20, Part B of the State Award.
26.10 Bereavement
entitlements shall be available for casual employees as set out in subclause
20.4 this Award.
27. Job Share
Employment
27.1 Job sharing is a
form of part-time employment where more than one employee shares all the duties
and responsibilities of one position.
27.2 Job sharing shall
be entered into by agreement between Council and the employees concerned.
27.3 Such agreement
shall be referred to the consultative committee for information.
27.4 Council and the
job sharers shall agree on the allocation of work between job sharers.
27.5 The ordinary
hours of work of the position shall be fixed in accordance with Clause 18,
Hours of Work of this Award.
27.6 The job sharers
in conjunction with council shall agree on the hours to be worked. Such
agreement shall specify the regular number of ordinary hours to be worked by
each job sharer.
27.7 In the absence of
a job sharer the remaining job sharer(s) may be required by council to relieve
the absent job sharer provided the remaining job sharer(s) are reasonably
available.
27.8 In such cases the
relieving job sharer(s) shall be paid their ordinary rate of pay for the time
relieving.
27.9 A job sharer may
work more than their regular number of hours at their ordinary hourly rate by
agreement. Where an employee works hours outside the spread of hours in Clause
18, Hours of Work of this Award the provisions of Clause 19, Overtime, shall
apply.
27.10 Council must
establish appropriate communication mechanisms between the job sharers to
facilitate the handing over of tasks from one job sharer to another.
27.11 Job sharers shall
have access to all provisions of this Award including training and development.
27.12 Job sharers shall
receive pro-rata pay and conditions in proportion to the ordinary hours worked
by each job sharer.
27.13 An adjustment to
accrued leave entitlements may be required at the conclusion of each service
year based on the proportion of actual hours worked.
27.14 A change to job
sharing from full-time or part-time employment or from job sharing to full-time
or part-time employment shall not constitute a break in the continuity of
service. All accrued entitlements shall be calculated in proportion to the
hours worked in each employment arrangement.
27.15 In the event of a
job sharer vacating the position Council shall review the position and shall
consider filling the vacancy or offering the remaining job sharer(s) increased
hours.
27.16 The terms of a
job share arrangement or any variation to it must be in writing. A copy of the
arrangement and any variation to it must be provided to the job sharer(s) by
the Council.
28. Junior and
Trainee Employment
28.1 General
28.1.1 The rates of pay
specified in Band 1 / Level 1 are actual not minimum rates.
28.1.2 Employees engaged
at the T3 rate of pay or above may be required to possess a Provisional or
Class C Drivers Licence.
28.2 Junior employment
28.2.1 The rates of pay
as provided in Band 1 / Level 1 are payable to juniors (15-18 years old).
28.2.2 A junior employee
shall be appointed to Band 1 / Level 1 according to either their age or
educational qualification, whichever provides for the higher rate of pay.
28.2.3 Progression along
the scale is automatic up to and inclusive of T4, according to the employee's
age.
28.3 Trainee
employment and apprenticeships
28.3.1 The rate of pay as
provided for in Band 1 / Level 1 are payable to employees undertaking entry
level training.
28.3.2 An employee shall
be appointed to Band 1 / Level 1 according to either their age or educational
qualification, whichever provides for the higher rate of pay.
28.3.3 Progression along
the scale is not automatic, but is subject to successful completion of
appropriate training modules and satisfactory service.
28.3.4 Upon successful
completion of entry level training, the employee shall proceed to the
appropriate band and level in the structure, if the employment is to be
continued beyond the training period.
28.3.5 In addition to the
vocational training direction, the council shall provide an apprentice with the
conditions of the apprenticeship in writing and these conditions shall include:
28.3.5.1 the term
of the apprenticeship;
28.3.5.2 the
course of studies to be undertaken by the apprentice;
28.3.5.3 the
course of on the job training to be undertaken by the apprentice.
28.4 School
based apprentices
28.4.1 The object of
sub-clause 28.4. of this clause is to assist persons who are undertaking an
apprenticeship under a training contract while also enrolled in the Higher
School Certificate. Such school based apprenticeships are undertaken at a
minimum Certificate III Australian Qualifications Framework (AQF) qualification
level as specified in the relevant Vocational Training Order pursuant to the
Apprenticeship and Traineeship Act 2001.
28.4.2 The hourly rates
for school based apprentices for total hours worked including time deemed to be
spent in off-the-job training shall be calculated by dividing the applicable
weekly rate for full time apprentices as set out in Band 1 / Level 1 by 38 in
accordance with Clause 18, Hours of Work.
28.4.3 For the purpose of
subclause (28.4.2), 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. The wages paid for training time may be averaged over the
school term or year.
28.4.4 School based
apprentices progress through the rates of pay set out in Band 1 / Level 1
subject to successful completion of appropriate training modules and
satisfactory service.
28.4.5 Except as provided
by this Award, school based apprentices are entitled to pro rata entitlements
of all other conditions of employment.
28.5 Government
funded traineeships
28.5.1 The objective of
sub-clause 28.5 of this clause is to assist in the establishment of a system of
traineeships which provides approved training in conjunction with employment in
order to enhance the skill levels and future employment prospects of trainees.
28.5.2 The system is
neither designed nor intended for those who are already trained and job ready.
28.5.3 Nothing in this
subclause shall be taken to replace the prescription of training requirements
for all other employees bound by this Award.
28.5.4 Except as in
hereinafter provided, all other terms and conditions of this Award shall apply.
28.5.5 This subclause
shall apply to trainees engaged to undertake a traineeship which is a system of
training approved by the relevant state training authority. The trainee and the
council shall be bound by a training agreement made in accordance with this Award
and shall not operate unless this condition is met.
28.5.6 A traineeship
shall not commence until the relevant Traineeship Agreement has been registered
with the relevant State Training Authority.
28.5.7 The council shall
ensure that the trainee is permitted to attend the training course or program
provided for in the Traineeship Agreement and shall ensure that the trainee
receives the appropriate on-the-job training in accordance with the Traineeship
Agreement.
28.5.8 The council shall
provide a level of supervision in accordance with the Traineeship Agreement
during the traineeship period.
28.5.9 Training shall be
directed at:
28.5.9.1 the
achievement of key competencies required for successful participation in the
workplace and / or
28.5.9.2 the
achievement of competencies required for successful participation in an
industry.
28.5.10 Until
consultation and negotiations with the relevant industry union(s) upon the
terms of the proposed Traineeship Scheme and the Traineeship has occurred a Traineeship
Scheme shall not be given approval. An application for approval of a
Traineeship Scheme shall identify the relevant industry union(s) and
demonstrate to the satisfaction of the approving authority that the
abovementioned consultation and negotiations have occurred.
28.5.11 Subclause
28.5 of this clause does not apply to apprentices.
28.5.12 Any
existing employment arrangements for the Australian Traineeship System (ATS) or
the Career Start Traineeship (CST) shall not apply to any council bound by this
Award, except in relation to ATS or CST trainees who commenced a traineeship
with the council before the Council was bound by this Award.
28.5.13 Trainees
shall not displace existing employees from employment.
28.5.14 Trainees
shall only be engaged in addition to existing staff positions and employment
levels.
28.5.15 The
provisions of subclause (28.5.15) above do not apply to the engagement of
Indigenous trainees and trainees paid at Band 1 / Level 1 of the Award. This subclause shall not be used to reduce
the core number of employees at a council.
28.5.16 A
trainee shall be engaged on a full time basis for the period of at least twelve
months. By agreement in writing, and with the consent of the relevant State
Training Authority, the relevant council and the trainee may vary the duration
of the Traineeship and the extent of approved training provided that any
agreement to vary is in accordance with the relevant Traineeship Scheme. This
clause shall not restrict a council's ability to engage a trainee under a
school-based traineeship.
28.5.17 Council
shall not terminate the trainee's service without providing written notice of
termination in accordance with the training agreement and subsequently to the
relevant State Training Authority as appropriate.
28.5.18 Where
Council chooses not to continue the employment of a trainee upon the completion
of the traineeship, it shall notify the relevant state training authority as
appropriate, of its decision.
28.5.19 A
trainee who fails to complete the traineeship or who cannot for any reason be
placed in full-time employment with
Council on the successful completion of the traineeship, shall not be
entitled to any severance payments payable pursuant to termination, change or
redundancy provisions or provisions similar thereto.
28.5.20 The
trainee shall be permitted to be absent from work without loss of continuity of
employment and / or wages to attend the training in accordance with the
Traineeship Agreement.
28.5.21 Where
the employment of a trainee by an employer is continued after the completion of
the traineeship period, such traineeship period shall be counted as service
with the council for the purposes of this Award or any other legislative
entitlements.
28.5.22 Wages
28.5.22.1 The
weekly amount of pay payable to trainees shall be as provided in Table 1 of
Part B, Traineeship Rates, of this Award.
28.5.22.2 The
trainee wage rates contained in this Award are minimum rates and shall only
apply to trainees while they are undertaking an approved traineeship which
includes approved training as prescribed above.
29. Training and
Development
29.1 The parties to
this Award recognise that increasing the efficiency and productivity of the
industry requires an ongoing commitment to education, training and skill
maintenance, development and enhancement. Accordingly, the parties commit
themselves to:
29.1.1 developing a more
highly skilled and flexible workforce
29.1.2 providing
employees with opportunities through appropriate education and training to
acquire additional skills and
29.1.3 removing barriers
to the utilisation of skills in accordance with councils' training plans.
29.2 All employees
shall have reasonable and equitable access to education and training, such
education and training shall:
29.2.1 be consistent with
Council's training plan
29.2.2 enable employees
to acquire the range of skills they are required to apply in their positions
29.2.3 enhance employees'
opportunities for mobility through councils' organisation structures, through
participation in Councils' training plans.
29.3 Training Plan and
Budget
29.3.1 Council shall
develop a training plan and budget consistent with:
29.3.1.1 the
current and future skill requirements of Council.
29.3.1.2 the
size, structure and nature of the operations of Council.
29.3.1.3 the need
to develop vocational skills relevant to Council and the Local Government
industry.
29.3.2 In developing the
training plan, the council shall have regard to corporate, departmental and
individual training needs.
29.3.3 The training plan
shall be designed in consultation with the consultative committee.
29.3.4 The training plan
shall, where appropriate, provide for training that is consistent with the
National Local Government Competency Standards.
29.3.5 The training plan
shall provide for the assessment and recognition of employee's current
competencies where possible.
29.3.6 Selection of
participants to receive Council required training in accordance with council's
training plan is to be based on merit and the needs of the employee as
identified in the employee's performance appraisal.
29.4 If an employee is
required by council to undertake training in accordance with Council's training
plan:
29.4.1 Council shall
grant the employee paid leave to attend course requirements, including
examinations, where the training is undertaken during ordinary working hours;
29.4.2 where the course
requirements contain more than a 15% off-the-job component calculated over any
12 month period the extent to which Council will grant paid leave to attend
such course requirements shall be specified in the training plan;
29.4.3 Council shall pay
course fees at the commencement of each stage but shall not pay course fees if
the employee is repeating;
29.4.4 Council shall
either provide transport or pay reasonable travelling expenses to enable
employees to attend course requirements;
29.4.5 reasonable travel
arrangements shall be agreed; and
29.4.6 where an employee
is required to complete major assignment(s) Council and the employee shall
agree upon appropriate flexible work and study arrangements as are practicable.
29.5 Council may grant
an employee undertaking a course consistent with Council's training plan,
although not Council's requirement, leave with pay or leave without pay to
attend course requirements provided that the employee gives reasonable notice
of such requirements. Where the employee is not granted such leave Council
shall give preference in granting annual leave or other accrued leave to attend
course requirements provided that the employee gives reasonable notice of such
requirements. Council may pay course fees at its discretion.
29.6 Development of a
Competency Based Training System
29.6.1 The parties to the
Award are committed to the development of a competency based system of
vocational education and training for local government. Such a system involves
the delivery, assessment and certification of training being related to the
identification and demonstrated attainment of the knowledge, skills and their
application required for effective performance in work at the required level,
as defined in industry endorsed competency standards.
29.6.2 The parties shall
continue to participate in the development of a competency based training
system to ensure that the following are achieved:
29.6.2.1 that
competency standards developed provide the specification of the knowledge and
skill and the application of that knowledge and skill to the standards of
performance required in employment;
29.6.2.2 that
competency standards are reviewed in a systematic manner to ensure that they
remain relevant to the actual needs of the industry;
29.6.2.3 that
accredited courses and training programs deliver the required competencies and
to ensure that assessment processes measure an employee's competency against
prescribed standards of performance. These processes involve recognition of
prior learning and assessment mechanisms;
29.6.2.4 that
certification provides employees with formal recognition of the competencies
they have achieved and demonstrated.
30. Consultative
Committees
30.1 Aim
The parties to the Award are committed to consultative
and participative processes. There shall be a consultative committee at council
which shall:
30.1.1 provide a forum
for consultation between Council and its employees;
30.1.2 positively
co-operate in workplace reform to enhance the efficiency and productivity of
Council and to provide employees with access to career opportunities and more
fulfilling, varied and better paid work.
30.2 Size and
composition
30.2.1 The size and
composition of the consultative committee shall be representative of Council’s
workforce and agreed to by Council and the local representatives from the unions which are parties to this Award, and such agreement shall not be unreasonably
withheld.
30.2.2 The consultative
committee shall include but not be limited to employee representatives of each
of the unions who have members employed at Council.
30.2.3 Officers of the
union(s) or Association(s) may attend and provide input to meetings of the
consultative committee, at the invitation of the consultative committee or their respective members.
30.3 Scope
of consultative committees
30.3.1 The functions of
the consultative committee shall include, but is not limited to:
30.3.1.1 Award
implementation
30.3.1.2 training
30.3.1.3 consultation
with regard to organisation restructure
30.3.1.4 job
redesign
30.3.1.5 salary
systems
30.3.1.6 communication
and education mechanisms
30.3.1.7 performance
management systems
30.3.1.8 changes
to variable working hours arrangements for new or vacant positions
30.3.1.9 local
government reform
30.3.1.10 proposed
variations to leaseback vehicle arrangements.
30.3.2 The consultative
committee shall not consider matters which are being or should be processed in
accordance with Award clause 31 Grievance and Disputes Procedures.
30.4
Meetings and support services
30.4.1 The consultative
committee will make recommendations based upon consensus. Where there is no
consensus on a particular item, the recommendation to Council should note the
dissenting views.
30.4.2 The consultative
committee shall meet as required
30.5 Employee
nominations
Employees shall nominate employee representatives on
the Consultative Committee.
30.6 Appointment and
promotion
30.6.1 Where an internal
applicant has applied for a new or vacant position and their application is
unsuccessful, the employee may:
30.6.1.1 request
in writing the reasons as to why they were not appointed; and
30.6.1.2 upon
such request Council shall provide the reasons in writing.
31. Term Contracts
31.1 A Council may
only employ a person on a term contract of employment in the following
situations:
31.1.1 for the life of a specific
task or project that has a definable work activity, or
31.1.2 to perform the
duties associated with an externally funded position where the length of the
employment depends on the length of the funding, or
31.1.3 to perform the
duties associated with a vacant position until the vacant position is filled on
a permanent basis, provided that the duration is not longer than is reasonably
necessary to undertake recruitment for the vacant position, or
31.1.4 to temporarily
replace an employee that is on approved leave, secondment, workers compensation
or acting in a different position, or
31.1.5 to undertake
training and work as part of an apprenticeship, traineeship or student work
experience program in conjunction with an education institution, or
31.1.6 to trial a new
work area, provided that the duration is not longer than is reasonably
necessary to trial the new work area, or
31.1.7 to perform the
duties associated with a vacant position during the intervening period between
when a council has made a definite decision to introduce major changes in
production, program, organisation structure or technology that are likely to
have significant effects on the employment in the vacant position and the date
that the changes are implemented;
31.1.8 to accommodate
time limitations imposed by law or sought by the employee (e.g. visa
restrictions).
31.2 Notwithstanding
the above, all term contracts of employment entered into prior to November 2010
may continue until the expiry of their fixed or maximum term.
32. Grievance and
Dispute Procedures
32.1 Right to
representation
At any stage of the procedure, the employee(s) may be
represented by their union or its local representative and Council represented by the Shires’
Association.
32.2 Delegate access
to management
The union delegate where prior approval is sought shall
have reasonable opportunity to discuss disputes with management and employees
without loss of pay. Such approval will not be unreasonably withheld.
32.3 Procedure
A grievance or dispute shall be dealt with as follows:
32.3.1
The employee(s) shall notify the supervisor of any
grievance or dispute and the remedy sought, in writing.
32.3.2
A meeting shall be held between the employee(s) and the
supervisor to discuss the grievance or dispute and the remedy sought within two
working days of notification.
32.3.3
If the matter remains unresolved, the employee(s) may
request the matter be referred to the head of the department or other
authorised officer for discussion. A further meeting between all parties shall
be held as soon as practicable.
32.3.4
If the matter remains unresolved the General Manager
shall provide the employee(s) with a written response. The response shall
include the reasons for not implementing any proposed remedy.
32.3.5
Where the matter remains unresolved, it may be referred
to the employee's union or representative and by the General Manager or other
authorised officer to the Association for further discussion between the
parties.
32.4 Industrial Registrar
The Industrial Registrar may be advised of the
existence of a dispute at any stage of this procedure.
32.5 Status Quo during
negotiation
During this procedure and while the matter is in the
course of negotiation, conciliation and/or arbitration, the work practices
existing prior to the dispute shall as far as practicable proceed as normal.
33. Disciplinary
Procedures
33.1 Employee's
rights
Notwithstanding the procedures below, an employee
shall:
33.1.1 Have access to
their personal files and may take notes and / or obtain copies of the contents
of the file.
33.1.2 Be entitled to
sight, note and / or respond to any information placed on their personal file
which may be regarded as adverse.
33.1.3 Be entitled to
make application to delete or amend any disciplinary or other record mentioned
on their personal file which the employee believes is incorrect, out-of-date,
incomplete or misleading.
33.1.4 Be entitled to
request the presence of a union representative and / or the involvement of their
union at any stage.
33.1.5 Be entitled to
make application for accrued leave for whole or part of any suspension during
the investigation process.
33.2 Employer's
rights and obligations
Notwithstanding the procedures contained below, Council
shall:
33.2.1
Be entitled to suspend an employee with or without pay
during the investigation process provided that:
33.2.1.1 suspension
without pay during an investigation shall be for a period of not more than two
weeks, except where the progress of the investigation is delayed due to the
unavailability of the employee and/or their representative in which case the
period of suspension without pay may be extended for a further period of up to
7 days or such greater period by agreement.
33.2.1.2 If,
after investigation, the reasons for the suspension are found to be
inappropriate, the employee shall not suffer any loss of pay for the period
under suspension.
33.2.1.3 The
suspension shall not affect the employee's continuity of service for the
purposes of accruing leave entitlements.
33.2.1.4 Council
shall not unreasonably refuse an application for paid leave under this
provision.
33.2.1.5 By
agreement an employee may be transferred to another position or place of work.
33.2.2 Properly conduct
and speedily conclude an investigation into the alleged unsatisfactory work
performance or conduct.
33.2.3 Be entitled to
take other disciplinary action before and / or during the procedures in cases
of misconduct or where the employee's performance warrants such action.
33.2.4 In appropriate
circumstances be entitled to terminate an employee's services in accordance
with Clause 35, Termination of Employment of this Award.
33.2.5 Be entitled to
request the presence of a union representative at any stage.
33.3 Procedures
33.3.1 Where an
employee's work performance or conduct is considered unsatisfactory, the
employee shall be informed in the first instance of the nature of the
unsatisfactory performance or conduct and of the required standard to be
achieved, by the employee's immediate supervisor or other appropriate officer
of council.
33.3.2 Unsatisfactory
work performance or conduct shall include, but not be limited to, neglect of
duties, breach of discipline, absenteeism and non-compliance with safety
standards. A written record shall be kept on the appropriate file of such
initial warning. The employee shall be entitled to sight and sign such written
record and add any notations regarding the contents of such record.
33.3.3 Where there is
re-occurrence of unsatisfactory work performance or conduct, the employee shall
be warned formally in writing by the appropriate officer of council and
counselled. Counselling should reinforce the standard of work or conduct
expected and, where the employee is failing to meet these required standards, a
suitable review period for monitoring the employee's performance; the severity
of the situation; and whether disciplinary action will follow should the
employee's work performance or conduct not improve. A written record shall be
kept of such formal warning and counselling. The employee shall be entitled to
sight and sign such written record and add any notations regarding the contents
of such record.
33.3.4 If the employee's
unsatisfactory work performance or conduct continues or resumes following the
formal warning and counselling, the employee shall be given a final warning in
writing giving notice of disciplinary action should the unsatisfactory work
performance or conduct not cease immediately.
33.3.5 If the employee's
work performance or conduct does not improve after the final warning further
disciplinary action may be taken.
33.3.6 All formal
warnings shall be in writing.
33.3.7 Delegates shall be
provided reasonable time without loss of pay, to represent members in
disciplinary matters at the local level, provided prior approval is sought.
Such approval shall not be unreasonably withheld.
33.4 Penalties
After complying with the requirements above, Council
may:
33.4.1 Demote the
employee to a lower paid position, provided that the employee shall not suffer
a reduction in the rate of pay for 2 weeks from the date of the demotion.
33.4.2 Suspend an
employee without pay from work for a specified period of time.
33.4.3 Terminate the
employment of the employee.
34. Occupation Health
and Safety
34.1 Objective
Council shall provide a safe place of work and work
practices in accordance with the provisions of the Occupational Health and
Safety Act NSW or successor legislation.
34.2 Accommodation and shelter
Council shall make appropriate provision for employees
with regard to accommodation and shelter and shall satisfy the provisions of
the Occupational Health and Safety Act and Regulations.
34.3 Provision of
equipment and uniforms
All safety equipment and compulsory uniforms will be
provided by Council free of charge and be replaced on the basis of fair wear
and tear.
34.4 Inclement weather
Council will provide all employees required to work
outdoors in wet weather with suitable wet weather clothing. Council further
undertakes to provide gainful employment for staff at all times; and guarantees
that no employee will be stood down as a result of inclement weather.
34.5 Specific
provisions
34.5.1 Council shall
supply employees with protective clothing and equipment suitable to the nature
of the work performed and the work environment and that shall satisfy the
relevant legislation.
34.5.2 All new graders,
loaders, backhoes, trucks and rollers shall be fitted with air conditioning
where practicable.
34.5.3 Vehicles and plant
used in the collection, transportation and disposal of waste, tar patching,
patrol grading or like duties shall be of high visibility and fitted with a
flashing light or a light visible from all points around the vehicle.
34.5.4 The employer shall
provide oil or other suitable solvents to employees for the removal of
creosote, tar, bitumen emulsions or similar preparations.
34.5.5 Where any acidic
or caustic products are used by employees, adequate facilities shall be
provided to enable them to wash any affected areas and an adequate quantity of
barrier cream shall be provided.
34.5.6 Employees shall be
supplied with sufficient cool water containers to ensure that adequate clean,
cool drinking water is available throughout the day.
34.5.7 No employee shall
be required to work alone outside of built-up areas without all available
communications to allow continuous contact in all conditions.
34.5.8 Where an employee
during the course of work, sustains damage to clothing by fire, molten metal,
tar or any corrosive substances which is not attributable to the employee's
negligence, the employee shall be compensated by council to an agreed amount.
34.5.9 In the case of
extreme and unusual weather conditions which could be assessed as hazardous
council will review and conduct a risk assessment to determine what action, if
any, needs to be put in place to minimise unnecessary exposure and risks to its
employees during such unusual occurrences.
34.6 Labour
Hire and Contract Businesses
34.6.1 For the purposes
of this subclause, the following definitions shall apply:
34.6.1.1 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 Council for the purpose of such staff performing work or services for
that other council.
34.6.1.2 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 a Council to
provide a specified service or services or to produce a specific outcome or
result for that council which might otherwise have been carried out by that
Council’s own employees.
34.6.2 If Council engages
a labour hire business and/or a contract business to perform work wholly or
partially on Council’s premises,
Council shall do the following (either directly, or through the agency of the
labour hire or contract business):
34.6.2.1 consult
with employees of the labour hire business and/or contract business regarding
the workplace occupational health and safety consultative arrangements;
34.6.2.2 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;
34.6.2.3 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
34.6.2.4 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.
34.6.3 Nothing in this
subclause D is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
34.6.4 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.
34.6.5 This clause has no
application in respect of organisations which are properly registered as Group
Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
35. Termination of
Employment
35.1 An employee in
Operational Band 1 or the Administrative/Technical Trades Band shall give to
council 2 weeks notice of their intention to terminate their employment.
35.2 The notice of
intention to terminate for an employee in Professional/Specialist Band 3 or
Executive Band 4 of the Award shall be the same as that required of an employer
in subclause (35.5) of this clause.
If no such notice is provided, Council shall be
entitled to deduct pay equivalent to the required notice from any entitlements
payable under this Award.
35.3 Council and an
employee may agree to a shorter period of notice for the purpose of this
subclause.
35.4 In cases of
serious misconduct, Council may summarily dismiss an employee following a
proper investigation and provided the employee is afforded procedural fairness.
Where an employee is summarily dismissed, subclause (35.5) shall not apply.
35.5 Council shall
give to an employee a period of notice of termination in accordance with the
following scale or by payment in lieu thereof:
EMPLOYEE'S PERIOD
OF CONTINUOUS SERVICE
|
PERIOD OF NOTICE
|
Less than 2 years
|
At least 2 weeks
|
2 years and less than 3 years
|
At least 3 weeks
|
3 years and less than 5 years
|
At least 4 weeks
|
5 years and beyond
|
At least 5 weeks
|
35.6 The provision of
this clause shall be read subject to the provisions of Clause 36, Workplace
Change and Redundancy, of this Award.
36. Workplace Change and
Redundancy
36.1 Council's Duty to
Notify
36.1.1 Where Council has
made a definite decision to introduce major changes in production, program,
organisation structure or technology that are likely to have significant effects
on employees, Council shall notify the employees who may be affected by the
proposed changes and the unions to which they belong.
36.1.2 "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the council's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs. Provided that where this Award makes provision for the
alteration of any of the matters referred to herein an alteration shall be
deemed not to have significant effect.
36.2 Council's Duty to
Discuss Change
36.2.1 Council shall
discuss with the employee(s) affected and the union to which they belong, inter
alia, the introduction of the changes referred to in sub-clauses 36.1.1 and
36.1.2 of this clause, what affects the changes are likely to have on
the employee(s) and measures to avert or mitigate the adverse changes on the
employee(s) and shall give prompt consideration to matters raised by the
employee(s) and / or their union in relation to the changes and may reconsider
its original decision.
36.2.2 The discussion
shall commence as early as practicable after a definite decision has been made
by Council to make the changes referred to in subclause 36.1.1 and 36.1.2 of this clause.
36.2.3 For the purposes
of the discussion, Council shall provide to the employee(s) concerned and the
union to which they belong, all relevant information about the changes
including the nature of the changes proposed, the expected effects of the
changes on the employee(s) and any other matters likely to affect the
employee(s).
36.3 Discussion Before
Termination
36.3.1 Where Council has
made a definite decision that it no longer wishes the job the employee has been
doing done by anyone pursuant to subclause
36.1.1 and 36.1.2 of this clause
and that decision may lead to the termination of employment, the council shall
hold discussions with the employee directly effected and with the union to
which they belong.
36.3.2 The discussion
shall take place as soon as it is practicable after the Council has made a
definite decision which shall invoke the provision of paragraph 36.3.1 of this
subclause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of the terminations of the employee(s) concerned.
Measures to mitigate the adverse effect on employees may include consideration
of re-training opportunities, redeployment, recruitment advice, the payment of
relocation allowances, provision of additional notice, access to an employee
assistance program, financial advice and such other assistance as may be
reasonably available.
36.3.3 For the purposes
of the discussion, the Council shall, as soon as practicable, provide to the
employee(s) concerned and the union to which they belong, all relevant information
about the proposed terminations including the reasons for the proposed
terminations, the number and category of employee(s) likely to be effected and
the number of employee(s) normally employed and the period over which the
terminations are likely to be carried out. Provided that the Council shall not
be required to disclose confidential information the disclosure of which would
adversely affect the council.
36.4 Notice to
Centrelink
Where a decision has been made to terminate employees,
Council shall notify Centrelink as soon as possible giving relevant information
including the number and categories of the employees likely to be affected and
the period over which the terminations are intended to be carried out.
36.5 Notice of
Termination
36.5.1 Five weeks notice
to terminate or pay in lieu thereof shall be given.
36.5.2 Where an employee
is to be terminated because of the introduction of technology the employee
shall be entitled to the following:
36.5.2.1 Three (3)
months notice of termination or
36.5.2.2 Payment
in lieu of the notice in paragraph 1 above. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
36.5.2.3 Notice
or payment of notice under this paragraph shall be deemed to be service with
the council for the purposes of calculating leave entitlements under this
Award.
36.6 Redundancy
36.6.1 This subclause
shall apply where an employee is terminated due to redundancy. A council shall
be exempt from the operation of this subclause where the employee concerned has
been offered, but has refused to accept, an alternative position within the
council's organisation structure of comparable skill and accountability levels
and remuneration no less than the position previously held by the employee.
36.6.2 In addition to any
required period of notice, and subject to subclause 36.5 of this Clause, the employee shall be entitled to severance
pay as follows:
In the event of an employee’s service being terminated
due to redundancy, Severance Pay shall be calculated on the basis of the
following:
COMPLETED YEARS SERVICE WITH COUNCIL
|
ENTITLEMENT
|
Less than one year
|
Nil
|
One year and less than two years
|
Five weeks pay
|
Two years and less than three years
|
Nine weeks pay
|
Three years and less than four years
|
Thirteen weeks pay
|
Four years and less than five years
|
Sixteen weeks pay
|
Five years and less than six years
|
Nineteen weeks pay
|
Six years and less than seven years
|
Twenty two weeks pay
|
Seven years and less than eight years
|
Twenty five weeks pay
|
Eight years and less than nine years
|
Twenty eight weeks pay
|
Nine years and less than ten years
|
Thirty one weeks pay
|
Ten years and less than eighteen years
|
Thirty four weeks pay
|
Eighteen years and thereafter
|
Two weeks pay per year
of service, no maximum
|
37. Council
Agreements
37.1 The parties agree
to review operations at the council level on an ongoing basis with a view to
providing enhanced flexibility and efficiency and to meet the particular
working needs of the council and its employees.
37.2 The terms of any
agreement reached between the parties shall substitute for the provisions of
the Award provided that:
37.2.1 the extent of the
agreement shall be limited to the Award's Clause 12, Payment of Employees;
Clause 15 subclause 15.7, Travelling Clause 18, Hours of Work; Clause 19,
Overtime, Clause 20, Holidays; Clause 25, Part time Employment; and Clause 27,
Job Share Employment.
37.2.2 the agreement does
not provide less than the entry level rates of pay;
37.2.3 the agreement is
consistent with the Industrial Relations Act 1996 (NSW) and current wage fixing
principles; and
37.2.4 the agreement
shall be processed in accordance with subclause 37.3 of this clause. Provided further that, where the agreement
proposes to vary award provisions other than those nominated in paragraph 37.2.1 above, the agreement shall be
processed in accordance with the Enterprise Arrangement Principle.
37.3 A Council
Agreement shall be processed as follows:
37.3.1 the unions shall
be notified prior to the commencement of negotiations;
37.3.2 the agreement has been
genuinely arrived at by negotiation without compulsion;
37.3.3 the agreement
shall be committed to writing and shall include a date of operation and a date
of expiration;
37.3.4 the council and
the appropriate union(s) shall sign the agreement and a copy sent to the
Association;
37.3.5 Any party to a
Council Agreement may at any stage during the above process refer the matter to
the Industrial Relations Commission of NSW.
38. Savings and
Transitional
38.1 No net detriment
or reduction in ordinary rate of pay
No employee shall suffer a net detriment as a result of
implementation of this Award nor shall an employee suffer a reduction in their
ordinary rate of pay as a result of any transfer to Council’s salary system.
38.1.1 Salary system
implementation
38.1.1.1 The
parties are committed to continue the introduction of the GWCC Salary Structure
and its associated progression guidelines.
38.1.1.2 During
the transition from the old structure to the new Salary Structure, if the new
structure and progressional guidelines have not been implemented and an annual
assessment of an employee has not been undertaken by Council, then an employee
will be able to progress to the next salary step automatically if the employee
has available steps in their range within the old structure Once an evaluation
is complete and if identified that an employee does not meet the progressional
criteria then the appropriate training may be undertaken to meet that skill
level or performance level required.,
38.1.1.3 GWCC
will backdate increases that are determined from the implementation of the
Salary Structure to either the appropriate date identified for the utilisation
of the Skills, or to the commencement of this Award, whichever is appropriate.
38.1.1.4 If an
employee is assessed at a higher level than they occupy, then the employee
shall move to that pay level immediately.
38.1.1.5 The
parties to the Award shall be involved in all aspects of the process of
developing and implementing the Progressional Guidelines for the Skill
Structure. Further variations to the Progression Guidelines will only be
effected after consultation and agreement with the parties to the Award.
39. Employee
Loyalty/Attendance Bonus
39.1 Qualification
39.1.1
An employee must have a Sick Leave balance equal to or
greater than the following on the day immediately prior to their anniversary
date:
39.1.1.1 38 hour
employee. 570 hours
39.1.1.2 35 hour
employee. 525 hours
39.1.2 An employee, upon reaching
the required minimum balance set out in Subclause 39.1.1.1 or 39.1.1.2 may
request to be paid an amount of money that is the equivalent to 50% of their
annual Sick Leave entitlement for that year, always ensuring their total bank
does not reduce below the required minimum.
39.2 Procedure
39.2.1 A written
application is required for all claims to be provided within 30 days after the
employee’s anniversary date.
39.2.2 If an application
is not made within 30 days after their anniversary date the leave entitlement
will be credited to the employees balance and no payment request can be made
for that year other than by written application to the General Manager.
The payment, when requested within the required time,
will be made as a one off payment.
ANNEXURE 1
Table 1- Monetary
Rates Per Week
Band
|
Rate per Week ($)
|
|
First Pay
|
First Pay
|
First Pay
|
First Pay
|
|
Period after
|
Period after
|
Period after
|
Period after
|
|
1 Nov 2010
|
1 July 2011
|
1 July 2012
|
1 July 2013
|
|
|
4.25%
|
3.75%
|
3.75%
|
Executive Band 4
|
|
|
|
|
Level 4
|
2,772.94
|
2,890.79
|
2,999.19
|
3,111.66
|
Level 3
|
2,313.35
|
2,411.67
|
2,502.10
|
2,595.93
|
Level 2
|
1,853.65
|
1,932.43
|
2,004.90
|
2,080.08
|
Level 1
|
1,485.60
|
1,548.74
|
1,606.82
|
1,667.07
|
|
|
|
|
|
Professional/Specialist Band 3
|
|
|
|
|
Level 4
|
1,577.90
|
1,644.96
|
1,706.65
|
1,770.65
|
Level 3
|
1,301.55
|
1,356.87
|
1,407.75
|
1,460.54
|
Level 2
|
1,117.70
|
1,165.20
|
1,208.90
|
1,254.23
|
Level 1
|
933.80
|
973.49
|
1,009.99
|
1,047.87
|
|
|
|
|
|
Admin/Technical/Trades Band 2
|
|
|
|
|
Level 3
|
1,117.70
|
1,165.20
|
1,208.90
|
1,254.23
|
Level 2
|
933.80
|
973.49
|
1,009.99
|
1,047.87
|
Level 1
|
822.60
|
857.56
|
889.72
|
923.08
|
|
|
|
|
|
Operational Band 1
|
|
|
|
|
Level 4
|
831.45
|
866.79
|
899.29
|
933.01
|
Level 3
|
747.30
|
779.06
|
808.28
|
838.59
|
Level 2
|
685.50
|
714.64
|
741.44
|
769.25
|
Level 1 (Juniors and Trainees)
|
|
|
|
|
T 10
|
852.15
|
888.37
|
921.68
|
956.24
|
T 9
|
822.60
|
857.56
|
889.72
|
923.08
|
T 8
|
787.65
|
821.13
|
851.92
|
883.86
|
T 7
|
752.65
|
784.64
|
814.06
|
844.59
|
T 6
|
718.95
|
749.51
|
777.61
|
806.77
|
T 5
|
668.30
|
696.70
|
722.83
|
749.94
|
T 4 at 18yrs or over or HSC
|
583.60
|
608.41
|
631.23
|
654.90
|
T 3 at 17yrs
|
499.05
|
520.26
|
539.77
|
560.01
|
T 2 at 16yrs or School Cert
|
424.20
|
442.23
|
458.81
|
476.02
|
T 1 at 15yrs
|
339.80
|
354.24
|
367.53
|
381.31
|
Table 2 -
Allowances
Allowance
|
Rate ($)
|
|
|
First Pay
|
First Pay
|
First Pay
|
First Pay
|
|
|
Period after
|
Period after
|
Period after
|
Period after
|
|
|
1 Nov 2010
|
1 July 2011
|
1 July 2012
|
1 July 2013
|
|
|
|
4.25%
|
3.75%
|
3.75%
|
|
Part 1 - Allowances Specifically Provided for in This
Award
|
Weekend work (Employees at
|
211.80
|
220.80
|
229.08
|
237.67
|
|
Jugiong Treatment Plant) -
|
|
|
|
|
|
per week
|
|
|
|
|
|
Pre Arranged & Emergent Work
|
211.80
|
220.80
|
229.08
|
237.67
|
|
(Water Treatment Plants) -
|
|
|
|
|
|
per week
|
|
|
|
|
|
On Call - per week
|
361.44
|
376.80
|
390.93
|
405.59
|
|
Duty Officer - per week
|
578.22
|
602.80
|
625.41
|
648.86
|
|
Duty Officer - "Second Call" -
|
45.19
|
47.11
|
48.88
|
50.71
|
|
per week
|
|
|
|
|
|
Meal Allowance - per meal
|
20.00
|
20.85
|
21.63
|
22.44
|
|
Disability Allowance (cl 16.3.1) -
|
0.33
|
0.34
|
0.36
|
0.37
|
|
per hour
|
|
|
|
|
|
Disability Allowance (cl 16.3.2) -
|
0.56
|
0.58
|
0.61
|
0.63
|
|
per hour
|
|
|
|
|
|
The following is provided for information only . It is
current at the date of approval of this Award but will
|
vary in the event of any State Award increases in such
allowances
|
Part 2 - Allowances Pursuant to State Award with relevance
to Employees of this Council
|
Tool Allowance - per week
|
26.20
|
26.20
|
26.20
|
26.20
|
|
Civil Liability Loading
|
3.5%
|
3.5%
|
3.5%
|
3.5%
|
|
ANNEXURE 2
Table 1- Monetary
Rates Per Week
Note: Council's Salary System as referred to hereunder
is current at the time of Approval of this Award, but does not form part of this
Award. It may be varied or modified at any future time, subject to such
variation or modification being in accordance with the provisions of this
Award, the State Award and/or other applicable Law.
|
|
|
Rate per Week ($)
|
Band
|
Level
|
Salary
|
First Pay
|
First Pay
|
First Pay
|
First Pay
|
|
|
System
|
Period after
|
Period after
|
Period after
|
Period after
|
|
|
Grade
|
1 Nov 2010
|
1 July 2011
|
1 July 2012
|
1 July 2013
|
|
|
|
|
4.25%
|
3.75%
|
3.75%
|
|
|
S33
|
1,939.40
|
2,021.82
|
2,097.64
|
2,176.30
|
|
|
S32
|
1,873.90
|
1,953.55
|
2,026.81
|
2,102.81
|
|
|
S31
|
1,810.45
|
1,887.40
|
1,958.18
|
2,031.61
|
|
|
S30
|
1,749.25
|
1,823.59
|
1,891.98
|
1,962.93
|
|
|
S29
|
1,690.35
|
1,762.19
|
1,828.27
|
1,896.83
|
|
|
S28
|
1,632.90
|
1,702.30
|
1,766.13
|
1,832.36
|
3
|
4
|
S27
|
1,577.90
|
1,644.96
|
1,706.65
|
1,770.65
|
|
|
S26
|
1,531.10
|
1,596.17
|
1,656.03
|
1,718.13
|
4
|
1
|
S25
|
1,485.60
|
1,548.74
|
1,606.82
|
1,667.07
|
|
|
S24
|
1,436.90
|
1,497.97
|
1,554.14
|
1,612.42
|
|
|
S23
|
1,390.40
|
1,449.49
|
1,503.85
|
1,560.24
|
|
|
S22
|
1,345.10
|
1,402.27
|
1,454.85
|
1,509.41
|
3
|
3
|
S21
|
1,301.55
|
1,356.87
|
1,407.75
|
1,460.54
|
|
|
S20
|
1,253.65
|
1,306.93
|
1,355.94
|
1,406.79
|
|
|
S19
|
1,206.75
|
1,258.04
|
1,305.21
|
1,354.16
|
|
|
S18
|
1,161.35
|
1,210.71
|
1,256.11
|
1,303.21
|
2 & 3
|
3 & 2
|
S17
|
1,117.70
|
1,165.20
|
1,208.90
|
1,254.23
|
|
|
S16
|
1,078.00
|
1,123.82
|
1,165.96
|
1,209.68
|
|
|
S15
|
1,039.90
|
1,084.10
|
1,124.75
|
1,166.93
|
|
|
S14
|
1,003.35
|
1,045.99
|
1,085.22
|
1,125.91
|
|
|
S13
|
968.00
|
1,009.14
|
1,046.98
|
1,086.24
|
2 & 3
|
2 & 1
|
S12
|
933.80
|
973.49
|
1,009.99
|
1,047.87
|
|
|
S11
|
902.90
|
941.27
|
976.57
|
1,013.19
|
|
|
S10
|
872.20
|
909.27
|
943.37
|
978.74
|
|
|
S9
|
851.40
|
887.59
|
920.88
|
955.41
|
1
|
4
|
S8
|
831.45
|
866.79
|
899.29
|
933.01
|
2
|
1
|
S7
|
822.60
|
857.56
|
889.72
|
923.08
|
|
|
S6
|
799.00
|
832.96
|
864.19
|
896.60
|
|
|
S5
|
772.85
|
805.70
|
835.91
|
867.26
|
1
|
3
|
S4
|
747.30
|
779.06
|
808.28
|
838.59
|
|
|
S3
|
726.80
|
757.69
|
786.10
|
815.58
|
|
|
S2
|
705.80
|
735.80
|
763.39
|
792.02
|
1
|
2
|
S1
|
685.50
|
714.64
|
741.44
|
769.25
|
|
|
|
Rate per Week ($)
|
Band
|
Level
|
Salary
|
First Pay
|
First Pay
|
First Pay
|
First Pay
|
|
|
System
|
Period after
|
Period after
|
Period after
|
Period after
|
|
|
Grade
|
1 Nov 2010
|
1 July 2011
|
1 July 2012
|
1 July 2013
|
|
|
|
|
|
|
|
|
|
|
|
4.25%
|
3.75%
|
3.75%
|
1
|
T10
|
T10
|
852.15
|
888.37
|
921.68
|
956.24
|
|
T9
|
T9
|
822.60
|
857.56
|
889.72
|
923.08
|
|
T8
|
T8
|
787.65
|
821.13
|
851.92
|
883.86
|
|
T7
|
T7
|
752.65
|
784.64
|
814.06
|
844.59
|
|
T6
|
T6
|
718.95
|
749.51
|
777.61
|
806.77
|
|
T5
|
T5
|
668.30
|
696.70
|
722.83
|
749.94
|
|
T4
|
T4
|
583.60
|
608.40
|
631.22
|
654.89
|
|
T3
|
T3
|
499.05
|
520.26
|
539.77
|
560.01
|
|
T2
|
T2
|
424.20
|
442.23
|
458.81
|
476.02
|
|
T1
|
T1
|
339.80
|
354.24
|
367.53
|
381.31
|
D.W.
RITCHIE, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.