(472)

SERIAL C6299

Maritime Authority of New South Wales Award 2007

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

(No. IRC 688 of 2007)

Before Commissioner Ritchie

7 November 2007

REVIEWED AWARD

1.� Arrangement

PART A

Clause No.�� Subject Matter

1.�� Arrangement

2.�� Title

3.�� Definitions

4.�� Application

5.�� Coverage

6.�� Operation of the Award

7.�� Objectives of the Award

8.�� Contract of Employment

8A.�� Secure Employment

9.�� Consultative Arrangements

10.�� Remuneration

11.�� Productivity

12.�� Deductions from salary

13.�� Hours of work

14.�� Grievance Handling and Dispute Resolution

15.�� Leave

16.�� Job Redesign

17.�� Workplace Representatives

18.�� Work Environment

19.�� Personnel Policies

20.�� No Extra Claims

PART B

MONETARY RATES

Annual Salary Rate

Salary Rates for Personal Salaries

Salary Rates for Harbour Masters / Marine Pilots

Schedule A - Awards/Agreements Succeeded

Appendix One - Annualised salary groups

Appendix Two - Salary classifications

Appendix Three - Flexible work practices guidelines

Appendix Four - Environmental Services Memorandum of Understanding

2.� Title

This award shall be known as the Maritime Authority of New South Wales Award 2007.

3.� Definitions

(a)�� "BSO" shall mean a Senior Boating Service Officer (SBSO), Boating Service Officer (BSO) or Riverkeeper.

(b)�� "Business Unit" shall mean a Region or Branch of the Maritime Authority.

(c)�� "Casual Staff" shall mean any staff engaged on an irregular day-to-day basis or hourly hire.

(d)�� "Day Worker" shall mean any staff who is not engaged in shift work.

(e)�� "Staff" shall mean any persons engaged by the Maritime Authority on a full time, casual, temporary or part-time basis, under the Ports and Maritime Administration Act 1995 (PC&WM ACT) but does not include any person who resigned or whose services were terminated prior to the date of operation of this Award.

(f)�� "Employer" shall mean the Maritime Authority of New South Wales (trading as NSW Maritime).

(g)�� "Full-Time Staff" shall mean any staff engaged on a regular basis for the full contract hours of this Award.

(h)�� "Hourly Rate" shall be calculated by dividing the weekly rate by 38 or 35 depending upon the hours applicable to each classification prior to this Award.

(i)�� "Part-Time Staff" shall mean any staff engaged for set regular hours that are less than the full contract hours of this Award.

(j)�� "NSW Maritime" shall mean the Maritime Authority (trading as NSW Maritime).

(k)�� "Parties" shall mean Maritime Authority (trading as NSW Maritime) and the following unions, The Australian Maritime Officers Union of New South Wales ,The Seamen’s Union of Australia, New South Wales Branch and the Australian Services Union of New South Wales

(l)�� Personal salary shall mean any salary in excess of the value of the position as determined by the process of job evaluation or, for those staff who moved from the award system into the 1993 MSB Enterprise Agreement, the interpolated rate or the rate which resulted from redeployment or transfer at the time of transition.

(m)�� "PC and MA Act" shall mean the Ports and Maritime Administration Act 1995.

(n)�� "Professional Engineer" shall mean a person qualified to carry out professional engineering duties, that is, duties carried out by a person in any particular employment, the adequate discharge of any portion of which duties requires qualifications of the employee as (or at least equal to those of) a graduate member of the Institution of Engineers, Australia.

(o)�� "RM" shall mean a Regional Manager in Recreational Boating Division.

(p)�� "TL ES" shall mean Team Leader Environmental Services.

(q)�� "12 hour day, rostered 3 days on 3 days off" shall mean the working arrangements for Team Leaders Environmental Services (TL ES) and Environmental Services Officers ESOs.

(r)�� "Weekly Rate" shall be calculated by dividing the annualised salary by 52.17857.

4.� Application

This award is between the following parties:

Australian Maritime Officers’ Union of New South Wales;

Australian Services Union of New South Wales;

The Seamen’s Union of Australia, New South Wales Branch.

5.� Coverage

The terms of this award shall apply to all staff engaged under the Ports and Maritime Administration Act 1995, with the exception of the Chief Executive Officer, the members of the Senior Executive Service.

6.� Operation of the Award

(i)�� This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Waterways Authority of New South Wales Award 1999 published 22 March 2002 (332 I.G. 51).

(ii)�� The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 7 November 2007.

(iii)�� The award took effect on and from 7 November 2007 and shall remain in force until 7 November 2010.� By administrative action the annual salary rates as set out in Table 1 - Annual Salary Rate, of Part B, Monetary Rates, shall take effect from the first full pay period to commence on or after 1 July 2006.

(iv)�� The parties have entered into an Enterprise Agreement which shall operate in association with this award and it is their intention to continue to enter into Enterprise Agreements.

(v)�� The Enterprise Agreement shall be registered in the Industrial Relations Commission of New South Wales.� Further, in accordance with subclause (1) of Section 41 of the Industrial Relations Act 1996, the Enterprise Agreement shall prevail over the provisions of any Award of the Commission that deals with the same matters.

7.� Objectives of the Award

7.1�� The Parties recognise that the success of the Maritime Authority depends on a commitment by all staff to the achievement of the NSW Maritime's Corporate Plan. In this regard, this Award establishes, inter alia, processes to facilitate the achievement of the objectives of the Corporate Plan.

It is the intention of the Parties to this Award to continue to implement workplace reform measures which provide greater flexibility in the way that work is organised and performed, to improve the efficiency, productivity and level of service delivery, to widen the skill and experience base of staff, enhance job satisfaction and assist positively to ensure NSW Maritime is a best practice performer.

The Parties are committed to a process of continuous improvement and the delivery of high standards of quality service to NSW Maritime's customers and by meeting agreed performance standards.� These objectives will be pursued by the identification of key performance areas and the setting of productivity targets in the Maritime Authority Corporate Plan and in the respective business unit plans.

NSW Maritime, its staff and unions support a harmonious industrial relations environment typified by consultation, cooperation and participation in the workplace.

Functional flexibility is the ability of the organisation to deploy and utilise the work force in the most efficient manner.� Measures relating to functional flexibility include, but are not limited to, the broadening and redesign of jobs to encompass a wider range of duties, multi skilling, a team work approach (where appropriate), process redesign, improved communication, staff commitment and involvement.

The parties agree and are committed to the continuation of measures which may be required to improve performance, efficiency and productivity whereby all staff will undertake duties which are within the range of their skill, competence, training and experience.

7.2�� Annualised Salaries, Allowances and Flexibility

7.2.1�� Annualised Salaries

(i)�� Notwithstanding anything to the contrary in this Award the parties may, in the process of developing this Award or during the term of this Award, review and annualise overtime and additional hours payments for individual staff or work groups on a cost neutral basis.

(ii)�� The parties may similarly agree as part of the consultative process to review the continuing relevance of working arrangements or conditions upon which annualised salaries are based and the method by which salaries are to be adjusted if required.

(iii)�� The approval of the Chief Executive is required for annualised salaries including the rate of aggregation.

7.2.2�� Additional Flexible Working Practices

NSW Maritime has formalised its approach to Flexible Work Practices in a set of guidelines (Appendix 3).� During the term of the Award the parties agree to consider and where appropriate trial and/or implement additional flexible work practices which are mutually beneficial.

8.� Contract of Employment

8.1�� Employment security

8.1.1�� Business Context

NSW Maritime has the dual responsibilities of being a self funding agency and maintaining a high standard of service delivery to its clients.� The extent to which the NSW Maritime is able to fund its operations is affected by the requirement for the Government to approve any variations to the scale of fees and charges levied in respect to services provided.

NSW Maritime is committed to maintaining the high standard of service delivery, which has been a characteristic of its operations over many years.� This standard has been achieved by hard work and an outstanding commitment by our staff to the organisation's values and objectives and to the service delivery guarantees to our clients.

The process of continuous improvement will be the method adopted to assess the relevance of activities and to improve the quality, range and value of services to our clients.� It is essential that the organisation and our staff have the flexibility to respond to change identified by this process of continuous improvement.

8.1.2�� Staffing Levels

Staffing levels are determined by the pressures of providing a quality service within the funding limits of NSW Maritime.� Current staffing levels are able to provide a quality service consistent with Government policy and the NSW Maritime’s Service Commitment Guarantee, however this number is not fixed and is subject to review. Any reductions from this number, which may be required, will be effected through the process of natural attrition or voluntary redundancy or the application of current Government policy re redeployment and redundancy.

Subject to the provision(s) of applicable Government policy and guidelines all full-time or permanent part-time staff of NSW Maritime at the time of signing this Award will have security of employment for the term of this Award.� This undertaking however extends to staff rather than positions, that is, positions may be restructured or deleted from the structure.

Subject to the provisions of current Government Policy, any staff member whose job changes or is deleted during the term of this Award may be transferred or redeployed into another position in accordance with applicable Government policy and guidelines in this Award or may be offered the Government's Standard Voluntary Redundancy Package current at the time.� This undertaking will not have any effect on the process of managing performance or disciplinary matters which are pursued separately.

8.1.3�� Government Job Assist Scheme

Staff who become excess as a result of restructuring or organisational change may access the retraining and support services available through the State Government's Job Assist Scheme and other services provided by the State Government’s policy on Managing Displaced Employees.

When offered by the employer, an employee who accepts Voluntary Redundancy is entitled to the Government Voluntary Redundancy Package of the day, except for annual leave loading which is already included in the annualised salary used for the calculation of entitlements and other benefits.

In the event that NSW Maritime is required to undertake a restructuring process which results in a reduction of staff numbers which is not able to be met through natural attrition, the parties agree to make representation to the Government regarding the voluntary redundancy arrangements.

8.1.4�� Organisational Change Restructuring Process

The parties recognise that restructuring will be an ongoing requirement for improved effectiveness and viability of NSW Maritime.� It will result from a variety of factors including, but not limited to, continuous improvement, quality management and Government review. Ongoing consultation with staff and unions will take place with regard to restructuring and the process(s) to be used.

Where, as a result of restructuring, the position requirements and remuneration level of the job remain substantially the same, other than its reporting relationships, (as determined by the Chief Executive) the incumbent will follow the job.� Where the new remuneration level crosses a merit break (as defined in Clause 10.18) the position will be subject to merit selection.

Where as a result of restructuring, a position is created which did not have an equivalent in the old structure, or it is so different that it is clearly a new position, the following order of filling the vacancy will occur:

(i)�� transfer of a displaced employee where the employee’s substantive or personal salary is the same as the salary for the position and the competencies required for the position are held by the employee, or where there is a competency shortfall, the requirement can be made up within three months; then

(ii)�� redeployment of a displaced employee in accordance with current Government Policy (Premier’s Memo 96-5), where the employee’s substantive or personal salary is greater than the salary for the position and the competencies required for the position are held by the employee, or where there is a competency shortfall and the requirements can be made up within three months. This may involve placement in a position of different classification or grade with a slight differential in salary (as a guide 5%).

In the latter case the employee’s salary will be maintained at the higher level for the period stipulated in current Government policy (12 months) after which it will revert to the substantive level of the position.� However, in recognition that there may be special circumstances which warrant a change to this provision the parties to this Award reserve the right to approach the State Government/Premier’s Department to re-negotiate the period of salary maintenance;�

(iii)�� where there are two or more employees to be considered for redeployment or transfer the staff� member appointed will be determined on merit at interview; then

(iv)�� where there is no displaced employee available for transfer or redeployment by advertising the position and filling the vacancy on merit.

8.2�� Conditions applicable to all staff

8.2.1�� Unless otherwise specified in this Award, the ordinary hours of work shall be calculated on the basis of a 5 day week.� Full-time and part-time employment shall be by the fortnight.� Payment of salaries will be paid fortnightly by electronic funds transfer into a bank or other approved financial institution.

8.2.2�� Temporary employment shall have the same benefits and conditions as full time employment except that the contract shall be for a fixed period.� The contract may be extended by the employer, however any such extension shall not confer upon the staff any right or expectation of continuing employment beyond the period of the current contract.

8.2.3�� Casual employment shall be for the current period of hiring which may be set at a week, a day or an hour.� The period of hire and the method for payment shall be clearly stated at the time of engaging casual staff.� Casual staff working ordinary time shall be paid the hourly rate for the position plus 20% to cover Sick Leave, Annual Leave, and Public Holidays.

8.2.4�� All new NSW Maritime employees will be subject to a minimum three month probationary period.� Some categories of employment may have a probationary period of six months based on job complexity and training requirements.

Newly appointed employees as Customer Service Officers and Boating Service Officers have a probationary period of six months linked to their competency training program and salary progression system.� Former NSW Maritime trainees who are successfully appointed to a Customer Service Officer position may have a reduced probationary period in recognition of prior service.

Current employees who change to a role involving a different skill set to that for which they were employed e.g. CSO to BSO, will have a "fit for position" period agreed between NSW Maritime and the employee and be able to return to their immediately preceding substantive position if either the individual or NSW Maritime finds they are not compatible with the new role.

8.2.5�� The parties to this Award agree that work will continue to be performed as specified. NSW Maritime will consider any unreasonable failure to meet this work requirement to be a refusal to perform duties and the NSW Maritime Performance Counselling Policy and/or the NSW Maritime Discipline Policy will be followed in such instances.

8.2.6�� All staff are bound by the "NSW Maritime Code of Conduct and Ethics".

8.2.7�� Part‑time employment: Part‑time staff shall be employed for a guaranteed minimum period of no less than 10 hours per fortnight with a maximum employment of 56 hours per fortnight (based on set and regular hours). All leave accruals and separation entitlements of part-time staff shall be calculated and paid on a pro-rata basis of the full-time position at the full-time rate of pay.

8.2.8�� All staff of NSW Maritime will take all reasonable precautions necessary to maintain confidentiality and to use their best endeavours to prevent disclosure of proprietary, private or confidential information to persons not authorised to receive such information in accordance with the Privacy and Personal Information Protection Act 1988.

8.2.9�� Staff undertaking another job or volunteer work must comply with clause 3.6, ‘Secondary Employment and Volunteer Work’ in the Code of Conduct and Ethics.

8.3�� Termination of employment

8.3.1�� With the exception of casual staff and temporary staff, 2 weeks notice of termination of employment by a staff member or the employer shall be given and paid.� If the notice is worked out, payment as normal will apply and there will be no additional payment in lieu of notice.

8.3.2�� Notwithstanding anything contained in this clause, NSW Maritime will have the right to dismiss any staff member for misconduct or neglect of duty and, in such cases, salary will only be paid up to the time of dismissal.

8.3.3�� If any staff member has given notice, or NSW Maritime has given notice to a staff member and the staff member is absent from work during the period of notice, unless on approved leave, the staff member will be deemed to have abandoned his/her employment.� In such cases NSW Maritime will have the right to terminate the contract of employment from the last day worked.

8.3.4�� On termination, staff are required to return all property belonging to NSW Maritime.� Each item on loan to a staff member will be identified at time of issue and the staff member will be responsible for ensuring that those items are returned prior to the staff member leaving the service of NSW Maritime.� Staff may be required to compensate NSW Maritime for property which is not returned.

8.4�� Conditions applicable to managers at Salary Level MA17/MO17 and above and Regional Managers (RMs) Job titles covered by clause 8.4 are contained in Appendix 2 to this Award.

8.4.1�� Payment of Annualised Salaries - Managers at Salary Level MA17/MO17 and above and Regional Managers.

(i)�� The salary for Managers and RMs covers all incidents of employment and shall be annualised pursuant to clause 10.3 and shall count for superannuation purposes.� No additional payments will be made nor is Time in Lieu (TIL) to be taken or paid.

(ii)�� The annualised salary in relation to Managers and RMs is payable provided they have worked at least 161 hours per four week cycle averaged over a 12 month period, in accordance with the "ordinary hours of work" provision contained in subclause 8.4.2 other than for agreed periods of recreational, parental, maternity, adoption or long service leave.� The annualised salary shall cease to be paid if for any reason the Manager/RM reverts to working the "Ordinary Hours" applicable to 35 Hour per week staff and, instead of the A or AA annualised salary, the manager will be paid at the applicable job evaluation rate contained in clause 10.4 (Maritime Officers) or 10.11 (Ministry Officers).

8.4.2�� Ordinary Hours of Work - Managers at Salary Level MO17/MIN017 and above and Regional Managers

(i)�� The ordinary hours of work will be an average of 40.25 hours per week over a four week cycle on any day Monday to Sunday (inclusive) to be determined by each business unit, provided the total number of hours worked are at least 161 hours at the end of� the cycle, when averaged over a 12 month period.

(ii)�� Ordinary hours will exclude the meal breaks, which will be a minimum of 30 minutes, and taken subject to operational requirements.� Time taken for meal breaks will not count as hours worked.

(iii)�� Notwithstanding any other provisions of this Clause a Manager/Regional Manager and his/her supervisor/manager may at anytime agree to other arrangements provided they meet the needs of the business unit and the contract hours are worked within the cycle.

8.5�� Conditions applicable to Senior Boating Service Officers (SBSOs), Boating Service Officers (BSOs) and Riverkeepers.

8.5.1�� Any reference to Boating Service Officers (BSOs) should also be read as referring to Senior Boating Service Officers (SBSOs) and Riverkeepers.

8.5.2�� The provisions of this clause wholly replace the provisions of the MSB Marine and Port Services Award and the Memorandum of Understanding (Operations Agreement).

8.5.3�� Provision of Services

NSW Maritime is committed to provide efficient and effective services to the users of the State’s waterways.� This will require the capability and willingness of BSOs to work at times and in areas which best serve the needs of NSW Maritime and its customers.� In order to provide optimum services it is accepted that full staffing will be required during December and January.� The ability to take leave is available for the rest of the year subject to the needs of each regional business unit.

(i)�� The parties agree to maintain, where necessary, an on call capability to deal with emergencies or other urgent needs or demands which arise from time to time and the deployment of staff within regions to augment the resources available for the conduct of special operations.

8.5.4�� Leave Applications

NSW Maritime is committed to a consistent approach by managers in dealing with applications by Boating Service Officers for leave.� Where a BSO feels there is an inconsistency in the application of leave, the BSO may elect to refer the matter through their Regional Manager and seek that the General Manager Recreational Boating resolve the leave application.

8.5.5�� Payment of Annualised Salaries - Boating Service Officers (including SBSOs and Riverkeepers)

(i)�� The salary for Boating Service Officers shall be annualised pursuant to clause 10.3 and 10.7 and shall count for superannuation purposes.

(ii)�� The annualised salary is only payable when an officer is routinely working weekends and public holidays in accordance with the "ordinary hours of work" provision contained in Clause 8.5.8, other than for agreed periods when weekend work is not required and periods of recreational, parental, maternity, adoption or long service leave. The annualised salary shall cease to be paid if for any reason the officer reverts to working Monday to Friday and, instead of the A annualised salary, the officer will be paid at the applicable Maritime Officer job evaluation rate contained in clause 10.4.

8.5.6�� Fitness for Duty

(i)�� It shall be a condition of employment that Boating Service Officers maintain a level of fitness consistent with the demands of the position.� This will ensure the continued health and safety of BSOs and as such recognises that there is a range of environmental and operational conditions that could impact on the health of an officer.

(ii)�� Subsequent to appointment and, in order to ensure that prescribed fitness standards are maintained, Boating Service Officers will be required to be medically assessed every two years or on a more frequent basis if indicated by medical advice. Wherever possible medical examinations, to a prescribed format, shall be carried out by NSW Maritime’s Occupational Health Physician, or by other similarly qualified practitioners nominated by NSW Maritime.

(iii)�� The ongoing standard of fitness required of BSOs will be determined as required by the NSW Maritime Occupational Health Physician having regard to the nature of the job and the circumstances under which it is performed.�

(iv)�� NSW Maritime shall provide a list of suitable female doctors for medicals.

(v)�� An officer who fails to meet the prescribed fitness standards will be given an appropriate period of time, as determined on medical advice, to achieve the level of fitness required.� Subsequently, an officer who fails the medical re-assessment or who is deemed on medical advice not capable of regaining or maintaining an acceptable level of fitness, will be rehabilitated to another position in accordance with the Rehabilitation and Selected Duties Policy.

(vi)�� An officer who fails to meet the fitness standards and/or is advised by the consulting physician on lifestyle changes, initiatives to improve fitness or other measures, shall be referred to his/her personal doctor for further investigation. Henceforth any additional costs incurred by the officer, for the purpose of re-gaining the required level of fitness, will be the responsibility of the officer concerned.��

(vii)�� BSOs returning to work after long term absences from active work will be required to undergo a periodic assessment before the commencement of duties. Officers returning to active duties after a prolonged illness or injury will be required to submit a private medical clearance before the resumption of duties, as well as undergoing their periodic medical when it falls due

(viii)�� Within three (3) months of certification of this Award, the SUA and NSW Maritime shall discuss and reach agreement on a revised standard and format for periodic medicals.

8.5.7�� Transfers

The procedures for BSO Transfers are set out in the NSW Maritime "BSO Transfer Procedures" document.

8.5.8�� Ordinary Hours of Work - Boating Service Officers (including SBSOs and Riverkeepers).

The BSO’s role is principally day work.� Nothing in this Agreement is intended to provide any means to either of the parties to convert this work to a quasi shift work arrangement.� It is also acknowledged there are no fixed hours and the expectation is that each BSO will arrange his/her hours to cover the work required.� This may involve working more or less than 7.6 hours per day, working additional hours and/or taking time in lieu (TIL).

(i)�� The ordinary hours of work will be the hours of work required to be worked by the Regional Manager on any day Monday to Sunday (including Public Holidays) in accordance with the operational needs of the business unit.

(ii)�� The ordinary hours of work required to be worked pursuant to subclause (i) shall be an average of 38 hours per week:

152 hours for staff on a four week cycle

304 hours for staff on an eight week cycle

456 hours for staff on a twelve week cycle.

(iii)�� Subject to subclause (i), it is recognised that although the usual span of ordinary hours of work required to be worked pursuant to sub-clause (i) will be between 6am and 6pm on any day Monday to Sunday (including Public Holidays), the Regional Manager may� require hours to be worked outside the usual span of ordinary hours in accordance with the operational needs of the business unit.

(iv)�� A meal break will be taken not more than five hours after commencing and shall be a minimum of 30 minutes and will not count as hours worked.

(v)�� The ordinary hours of work required to be worked pursuant to sub-clause (i) shall include two consecutive days off after working 5 days in lieu of Saturday and Sunday, except in the case of a call out for a designated emergency or as otherwise required by the Regional Manager.� If a rostered day off (RDO) falls on a public holiday then an alternative RDO shall be taken.

(vi)�� Rosters shall include 15 weekends or the equivalent 30 week-end days between the start of February and end of November each year where BSOs are not rostered for duty, subject to normal business and rostering needs.

8.5.9�� Additional Hours - Boating Service Officers (including SBSOs and Riverkeepers)

(i)�� Any hours worked in excess of the ordinary hours required to be worked pursuant to clause 8.5.8 above are "Additional hours" and must have the approval of the supervisor/Regional Manager.

(ii)�� A reasonable number of additional hours shall be worked to accommodate the functions of NSW Maritime.� These functions include, but are not limited to, night patrols, licence seminars and the attendance at user group meetings.

(iii)�� Additional hours worked by BSOs are to be taken as time in lieu at an agreed time on the basis of one hour for each additional hour worked.� If it becomes apparent that a BSO will be unable to take Time in Lieu within a reasonable time period, then the Regional Manager may authorise for the additional hours to be paid out at ordinary time.

(iv)�� Where additional hours are directed to be worked, and are considered by the staff member to be excessive, the work will be performed and any grievance pursued in accordance with the Grievance Handling Procedures in Part 14 of this Award.

(v)�� Notwithstanding any other provision of this clause a BSO and his/her supervisor/manager may at anytime agree to other arrangements provided they meet the needs of the business unit and the total number of ordinary hours to be worked within the 12 month period.

8.5.10�� Annualised Salary and Conditions Package - Boating Service Officers (including SBSOs and Riverkeepers).

8.5.10.1�� The BSO annualised salary and leave package represents a benchmark for any future wage and conditions negotiations, should they be required.

8.5.10.2�� The parties agree that the annualised salary and leave package in this Award reflect adequate remuneration for the work and conditions of employment for BSOs as at the date of the signing of this Award.

8.5.11�� Other Conditions - Boating Service Officers (including SBSOs and Riverkeepers)

(i)�� NSW Maritime will set up a joint working party with BSO representatives, as a sub group of the Field Operations OH&S Committee to review workplace facilities throughout the State.� The sub group will be charged with the responsibility of developing an acceptable minimum level of workplace standards and ensuring that those standards are maintained to an acceptable level.

(ii)�� NSW Maritime in consultation with the SUA and relevant workplace representatives, shall pursue a strategy of recruiting more BSOs during the life of the NSW Maritime 2004-2007 Enterprise Agreement.

(iii)�� The Senior BSO job specification will be reviewed and re-valued; in consultation with the employee representative. (Check this).

8.6�� Conditions applicable to Team Leaders Environmental Services (TL ES) and Environmental Service Officers (ESOs).

This clause operates in conjunction with the Memorandum of Understanding as agreed between the parties which is contained at Appendix C to this Agreement.

8.6.1�� Payment of Annualised Salaries - Team Leaders Environmental Services (TL ES) and Environmental Service Officers (ESOs).

(i)�� The salary for TL ES & ESOs shall be annualised pursuant to clause 10.3 and shall count for superannuation purposes.

(ii)�� The annualised salary in relation to TL ES & ESOs is payable provided they work a rostered 12 hour day, three days on and three days off including weekends and public holidays in accordance with the "ordinary hours of work" provisions contained in Clause 8.6.2 other than for periods of approved leave. The annualised salary shall cease to be paid if for any reason the officer reverts to working a 38 hour week instead of the 12 hour day 3 days on 3 days off work roster including public holidays and special events. Instead of the AA annualised salary, the officer will be paid at the applicable Maritime Officer job evaluation rate contained in clause 10.4.

8.6.2�� Ordinary Hours of Work Team Leaders Environmental Services & Environmental Service Officers.

(i)�� The ordinary hours of work shall include working a compulsory 12 hour day, 3 days on 3 days off roster system on any day Monday to Sunday, including Public Holidays and the 3 special aquatic events on Boxing Day, New Year’s Eve and Australia Day.

(ii)�� Ordinary hours of work on any day, Monday to Sunday, are 6:00am to 6:00pm.

8.6.3�� Overtime for Team Leaders Environmental Services and Environmental Services Officers.

(i)�� Overtime shall be payable for hours worked in excess of 12 hours on Boxing Day, New Years Eve and Australia Day.

(ii)�� Overtime worked in excess of 12 hours on Monday to Saturday will be paid at the rate of double time.

(iii)�� Overtime worked in excess of 12 hours on a Sunday will be paid at the rate of double time and one half.

(iv)�� Overtime worked in excess of 12 hours on a public holiday will be paid at the rate of double time and one half in addition to normal remuneration for that day.

(v)�� When called out or back to work for an emergency, such as an oil spill, a minimum of four hours shall be paid at the appropriate overtime rate as set out in paragraphs (i) to (iv) of this clause, with the hourly rate based on the grade for the position not the annualised salary i.e MA7 not MA7AA and MA10 not MA10AA.

(vi)�� Staff required to work overtime beyond the ordinary spread of hours Monday to Sunday and Public Holidays will be entitled to a paid meal. �This payment will be agreed to the rate determined from time to time and applied within the NSW Public Service.

8.7�� Hours of work

Unless otherwise specified in this Award,

8.7.1�� Definitions

(i)�� 35 Hour per week employee means all NSW Maritime employees that are full-time staff other than Senior Boating Service Officers, Boating Service Officers, Riverkeepers Team Leaders Environmental Services, Environmental Service Officers, Managers at Salary Level MO17/ MinO17 or above, Regional Managers, Marine Investigators or 38 Hour per week employees.

(ii)�� 38 Hour per week employee means a NSW Maritime employee who is deemed to be a "38 hour per week employee" by their letter of appointment.

(iii)�� An employee who works a 12 hour day, rostered on three days and three days off, is deemed to work an average 1792 hours a year.

8.7.2�� Hours of Work

(i)�� Hours of work within this Award will be arranged to take into consideration the specific business needs of NSW Maritime and, where possible, the work preferences of staff.

(ii)�� The hours of work arrangements specified in this Award are available on the condition that an adequate service is maintained at all times.� Services and functions provided by NSW Maritime will not be withdrawn to accommodate the absence of staff under the hours of work arrangements.

(iii)�� Starting and finishing times within the spread of hours should be mutually agreed between management and staff, however if agreement cannot be reached the needs of the organisation must prevail and managers will therefore determine starting and ceasing times.� Once starting and ceasing times have been established reasonable notice will be given (normally 5 calendar days) of any changes required.

(iv)�� The working of additional hours within the spread of hours will be by reasonable notice from management.

8.7.3�� Ordinary Hours - 35 hour per week Employees

(i)�� Ordinary hours of work will be an average 35 hours per week over a cycle of four weeks on any day Monday to Friday (excluding Saturday and Sunday) to be determined by each business unit, provided the total number of hours worked are:

140 hours for staff on a four week cycle

280 hours for staff on an eight week cycle

420 hours for staff on a twelve week cycle.

(ii)�� Ordinary hours worked Monday to Friday are hours worked between 7:00am and 7:00pm.

(iii)�� Ordinary hours will exclude the meal breaks, which will be a minimum of 30 minutes and will be taken subject to operational requirements.� Time taken for a meal break will not count as hours worked.

(iv)�� Notwithstanding any other provisions of this clause a staff member and his/her supervisor/manager may at any time agree to other arrangements provided they meet the needs of the business unit and the contract hours are worked within the cycle.

8.7.4�� Ordinary Hours - 38 hour per week Employees

(i)�� Ordinary hours of work will be an average of 38 hours per week over a cycle of four weeks on any day Monday to Friday (excluding Saturday and Sunday) to be determined by each business unit, provided the total number of hours worked are:

152 hours for staff on a four week cycle

304 hours for staff on an eight week cycle

456 hours for staff on a twelve week cycle.

(ii)�� Ordinary hours worked on any day Monday to Friday are hours worked between 6:00am and 6:00pm.

(iii)�� Ordinary hours shall exclude the meal break which will be a minimum of 30 minutes and which will be taken, subject to operational requirements.� Time taken for a meal break will not count as hours worked.

(iv)�� Notwithstanding any other provisions of this clause a staff member and his/her supervisor/manager may at any time agree to other arrangements provided they meet the need of the business unit and the contract hours are worked within the cycle.

8.7.5�� Ordinary Hours of Work: Harbour Master/Marine Pilots, Yamba and Eden

(i)�� The ordinary hours of work for the Harbour Master/Marine Pilots at Eden and Yamba will be an average of 38 hours per week over a four-week cycle and arranged to meet operational and business requirements.

(ii)�� The Harbour Master/Marine Pilots at Eden and Yamba are required to work additional hours.� An exhaustion break will apply after 18 continuous hours including meal breaks.

(iii)�� Where additional hours are required and are considered by the employee concerned to be excessive, the work will be performed and such grievance be pursued in accordance with Part 14 Grievance Handling and Dispute Resolution Procedures.

(iv)�� Any changes in starting and finishing times will be undertaken in consultation with the employees concerned.

(v)�� The provisions of clause 10.2.5, Overtime, will not apply to the Harbour Master/Marine Pilots at Eden and Yamba.

8.7.6�� Additional Hours

(i)�� The provisions of this Clause do not apply to the positions of Senior Boating Service Officers, Boating Service Officers, Riverkeepers, Marine Investigators, Team Leaders in Environmental Services, Environmental Service Officers, Managers at Salary Level MA17/ MO17 and above and Regional Managers.� The Provisions for additional hours for Senior Maritime Officers are contained in (vi) below.

(ii)�� Hours worked in addition to the total number of ordinary hours required to be worked pursuant to the relevant clause are "additional hours" and shall only be worked/accrued with the agreement of the supervisor/manager.

(iii)�� Additional hours up to a maximum of 21 hours per four week cycle, are be taken off at a mutually convenient time, as time off in lieu on the basis of one hour per additional hour worked.� Additional hours accrued at the end of each cycle may be carried over to the next cycle by mutual agreement.� In circumstances where operational requirements do not allow for time off in lieu, payment at ordinary time may be made.

(iv)�� Additional hours worked in excess of 21 hours in a four week cycle are paid at time and one half up to 28 hours and double time thereafter or alternatively, by agreement, taken as time off in lieu at ordinary time

(v)�� It is the intent of this Clause to enhance flexibility not to reduce remuneration or to consistently extend the working week past the agreed basis of either 35 or 38 hours.� If the parties believe the application of this clause is contrary to its intent a review may take place on a case by case basis and may consider such matters as the functional delegation of duties, team numbers, aggregation of salaries and any other measures that may be agreed upon in order to resolve the issue.

(vi)�� Provisions for Additional Hours for Senior Maritime Officers include:

the working and/or accruing of additional hours shall only be with the agreement of the manager;

based on a four week cycle hours, worked in addition to the contract 140 hours, up to a maximum of 161 hours be taken at a mutually convenient time, as time off in lieu, and

additional hours accrued at the end of each cycle may be carried over to the next cycle by mutual agreement.

8.7.7�� Call Back and 10 Hour Break Between Rosters

(i)�� Staff recalled to work will be entitled to be paid a minimum of 4 hours at the appropriate rate on the understanding that this provision will not apply to staff called in to work early in which case, if outside the spread of ordinary hours, they shall be paid at the overtime rate.

(ii)�� Where an employee works additional hours, the employee shall not be required to return to work for duty for at least ten consecutive hours between the termination of work on one day and the commencement of work on the next day the employee, shall, subject to this subclause, be released after completion of such additional hours until that employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

8.8�� Relieving

8.8.1�� There shall be no restrictions (with the exception of medical) on any staff performing any duties in their grade or lower grades so long as they possess the appropriate knowledge skills and experience, accreditation or licence(s) (where applicable).

8.8.2�� Nothing within this clause is intended to replace staff working at a lower level with those at a higher level.

8.8.3�� Where the exercise of higher level duties occurs on a regular basis and they form a significant part of the staff member's work, the staff member is entitled to seek payment for higher duties.

8.8.4�� On the first occasion of relief in a position, the first five days are developmental and will not be paid at a higher rate.� This development phase only applies once, that is on the first occasion of relief in any dissimilar position.� If on the first occasion of relief the period exceeds five days, payment at the higher rate may be made for days in excess of the five developmental days.

8.8.5�� Provided a staff member has satisfactorily completed a developmental period any further instances of relief will be paid provided that the period of relief is for 5 or more days except for designated operational positions which shall be paid relief on an occurrence basis.

8.8.6�� For any period of relief coming within the provisions of this clause during which the staff member does not perform the whole of the duties the allowance to be paid will be determined by the appropriate manager.

8.9�� Selection Committees

8.9.1�� Selection committees will consist of two or more persons:

a suitably trained person nominated by the work team or group;

a person with supervisory or team leadership responsibility for the vacant position; and/or

a person nominated by NSW Maritime to act as an independent member of the committee who preferably should not be a current employee, but as a minimum should be from another Division to that of the vacant position;

all of whom are trained and skilled in interview and selection techniques and have undertaken approved training or refresher training in the previous four years.

8.9.2�� As a general rule:

at least one of the members should be a woman and at least one should be a man;

members should be above the level of the position.

8.9.3�� The selection committee should agree on:

the selection criteria to be applied (including any key criteria);

core questions to be asked of the candidates;

whether candidates should be asked to :

provide work samples

undergo performance tests

provide written referee reports and/or

undergo other forms of assessment as agreed by the parties; and

the candidates to be short-listed where there is a large field of applicants.

8.9.4�� Selection committees should be impartial and avoid presumptions about stereotyping of candidates.

8.9.5�� Selection committees should aim to reach consensus in the selection process.� If consensus cannot be reached a majority and minority recommendation may be made.

8.10�� Conditions Applicable to Casual Staff

8.10.1�� Casual employment shall be for the current period of hiring which may be set at a week, a day or an hour. The period of hire and the method for payment shall be clearly stated at the time of engaging casual staff.

8.10.2�� Casual employment - a casual employee working ordinary time shall be paid the hourly rate for the position plus 20% to cover Sick Leave, Annual Leave, and Public Holidays.

8.10.3�� Bereavement entitlement for casual employees:

8.10.3.1�� Subject to the evidentiary and notice requirements set out in NSW Maritime's Personal and Carer's Leave policy, 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 15.7.3 of subclause 15.7, Personal and Carer's Leave.

8.10.3.2�� NSW Maritime and the casual 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.

8.10.4�� Personal and Carer's entitlement for casual employees:

8.10.4.1�� Subject to the evidentiary and notice requirements set out in NSW Maritime's Personal and Carer's Leave policy, 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 15.7.3 of subclause 15.7, Personal and Carer's Leave who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

8.10.4.2�� NSW Maritime 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.

8.10.5�� NSW Maritime must not fail to re-engage a regular casual employee (see section 53 (2) of the Industrial Relations Act 1996 (NSW) because:

8.10.5.1�� The employee or the employee's spouse is pregnant; or

8.10.5.2�� The employee is or has been immediately absent on parental leave.

8.10.6�� NSW Maritime must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this subclause, that is 8.3. The rights of NSW Maritime to engage or not engage a casual employee are otherwise not affected.

8A.� Secure Employment

(a)�� Objective of this Clause

The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer's workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

(b)�� Casual Conversion

(i)�� A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

(ii)�� Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

(iii)�� Any casual employee who has a right to elect under paragraph (b)(i), upon receiving notice under paragraph (b)(ii) or after the expiry of the time for giving such notice, may give four weeks' notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

(iv)�� Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

(v)�� Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

(vi)�� If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:

(1)�� whether the employee will convert to full-time or part-time employment; and

(2)�� if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

(vii)�� Following an agreement being reached pursuant to paragraph (vi), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

(viii)�� An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

(c)�� Occupational Health and Safety

(i)�� For the purposes of this subclause, the following definitions shall apply:

(1)�� A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

(2)�� A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer's own employees.

(ii)�� Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer's premises shall do the following (either directly, or through the agency of the labour hire or contract business):

(1)�� consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

(2)�� provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

(3)�� provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

(4)�� ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

(iii)�� Nothing in this subclause (c) 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.

(d)�� Disputes Regarding the Application of this Clause

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

(e)�� 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.

9.� Consultative Arrangements

NSW Maritime recognises that one of the important elements for ensuring successful workplace reform is the involvement and cooperation of staff and unions and workplace representatives.

9.1�� For this purpose the Maritime Consultation Committee (MCC) will be established consisting of three representatives from NSW Maritime and four full-time union officials from the unions party to this Award and union workplace representatives.

9.2�� The Committee shall monitor and facilitate the implementation of this Award particularly the issues in clause 11 (Organisational Measures) and clause 21 (Personnel Policies).

9.3�� The Committee shall meet at least every 6 months and at other times as required.

10.� Remuneration

10.1�� Operation of the structure

10.1.1�� The rates of pay contained in this clause are to take effect on and from the date of registration.� Employees covered by this Award at the date of registration will be paid the rate of pay in accordance with this clause on and from 1 July 2006 or the date of employment, whichever is the later.� The rates of pay contained in this clause and payment for the employment period preceding the registration of this Award are to be paid in the first full pay period following registration of the Award.

10.1.2�� Rates of pay from 1 July 2006 are contained in Appendix 2. When those rates are superseded by rates of pay in the Enterprise Agreement, the rates contained in the Enterprise Agreement shall be inserted into Appendix 2 of this Award.� As a consequence, rates contained in this Award, shall not be varied by State wage decisions.

10.2�� Remuneration model

10.2.1�� This clause must be read in conjunction with subclause 11.1.

10.2.2�� The salary rates are contained in Part B of the Appendix and represent a 4% increase operative from 1 July 2006.

10.2.3�� All categories of employees in clauses 10.3 - 10.14 will have their salaries adjusted in accordance with this clause.

10.3�� Annualised salaries

10.3.1�� The parties have agreed to annualised salaries as described in this clause for certain positions or categories of employment (as set out in Appendix 1).� Salary grades suffixed with an "A" represent annualised salaries.� "AA" also represent an annualised salary but for a different category of employee.� Further, this clause should be read in conjunction with subclause 7.2 and clause 10.5.

10.4�� Conditions attached to the payment of annualised salaries

10.4.1�� Annualised salaries are superable and are paid to designated groups of employees whose working arrangements differ from usual working conditions for 35 hour or 38 hour a week employees.

10.4.2�� The annualised salary shall cease to be paid if for any reason an employee does not work the requisite hours and/or weekends, public holidays or special events and/or reverts to working the "Ordinary Hours" applicable to 35 hour or 38 hour per week staff.� In such cases, instead of the A or AA annualised salary, the employee will be paid at the applicable job evaluation rate contained in clause 10.4 (Maritime Officers) or 10.10 (Ministry Officers).

10.5�� Annualised salaries group 1: Designated Managerial Positions

10.5.1�� Group 1 relates to positions in Appendix 1 at salary level MA17/MA17 and above in the salary structures (excluding SMOs) and Regional Managers, whose ordinary hours of work shall not be less than 161 hours per month as averaged over the year (July to June).� The annualised salary for this group covers all incidents of employment and there is no entitlement to any other payment or paid or unpaid Time in lieu (TIL).� The salaries in this clause shall be adjusted in the same manner as are salaries in clause 10.2.

10.5.2�� Position holders will be reviewed annually and where the ordinary hours of work are less than 161 per month, the provisions of clause 10.5 will apply.

10.6�� Annualised salaries group 2: operational positions

10.6.1�� Salaries shall be adjusted in the same manner as are salaries in clause 10.2.� The ordinary hours for employees in Group 2, whose positions are listed in Appendix 1, include working weekends and public holidays, and the requisite special aquatic events on Boxing Day, New Year’s Eve and Australia Day.� Team Leaders Environmental Services and Environmental Service Officers’ ordinary hours of work include working a rostered 12 hour day, 3 days on and 3 days off as detailed in the Memorandum of Understanding between the parties (attached at Appendix 4).

10.7�� Annualised salaries group 3: investigations

10.7.1�� Ordinary hours of work shall not be less than 161 per month averaged over a twelve month period.� The salaries in this clause covers all incidents of employment shall be adjusted in the same manner as are salaries in clause 10.2.� The ordinary hours of work for positions in Group 3, listed in Appendix 1, include routinely working outside core hours, and on weekends and public holidays as required by the business needs of NSW Maritime.

10.8�� Annualised salaries group 4: remote supervision

10.8.1�� Group 4 relates to identified positions, set out in Appendix 1, without ready access to a Regional Manager, with a need to supervise a large number of people, and routinely working outside core hours, and on weekends and public holidays. The conditions for this group are currently being reviewed by NSW Maritime.

10.9�� Harbour master/marine pilots at Yamba and Eden

10.9.1�� With effect from 1 July 2006 the annualised salary for the positions of Harbour Master/Marine Pilot at the Ports of Yamba and Eden shall be $112,176 and the salary shall be adjusted in the same manner as are salaries in clause 10.2.

10.9.2�� NSW Maritime acknowledges that the salary for Harbour Master/Marine Pilots at Yamba and Eden from 1 July 2004 is tied to its requirements for the working and management arrangements existing at that time. Should the working and/or management arrangements for the Ports change during the life of the Award, the salary will be reconsidered.

10.10�� Ministry officer scale

10.10.1�� The Ministry Officer salary scale applies to the positions resulting from the integration of the former Maritime Assets Division. The salary scale applies until positions fall vacant or are redesigned, at which time the position will be placed at a salary point on the Maritime Officer scale following job redesign and job evaluation.

10.10.2�� The salary rates are contained in Appendix B.

10.11�� Personal salary rates

10.11.1�� The salary rates are contained in Appendix B

10.12�� Senior Maritime Officer (SMO) classification

10.12.1�� The classification of Senior Maritime Officer has been created within NSW Maritime.� The level at which a Senior Maritime Officer will be paid and also when and if a SMO moves from Level 1 to Level 2 shall be the decision of the Chief Executive.� The salary rates are contained in Appendix B.

10.12.2�� The salary for Senior Maritime Officers is all inclusive and covers all incidents of employment.� Consequently, SMOs are excluded from the provisions of Clause 10.25 of this Award.

10.12.3�� The provisions for Additional Hours for Senior Maritime Officers are set out in paragraph (ix) of subclause 13 of this Award.

10.13�� Trainees

10.13.1�� Trainees will be paid in accordance with the National Training Wage Award.

10.14�� Allowances

10.14.1�� The following allowances are set by the NSW Premier’s Department and are contained in Premier’s Circulars and Memoranda.� The rates below apply from 1 July 2006 and will be adjusted in accordance with advice from the Premier’s Department.

Classification	Description
First Aid Officers	Designated First Aid Officer responsible for a First	$568 a year
	Aid Kit in a workplace of 25 or more people
Senior First Aid Officer	Employee designated in charge of First Aid Room	$856 a year

	NB. Allowance not available where a First Aid
	qualification is part of an essential job requirement eg.
	AMSA Certificate, Coxswain’s Certificate
Community Language Allowance	Applies to designated staff who are able to give	$926 a year
Scheme (CLAS)	language assistance and have passed the CLAS
	examination
On call allowance	Shipping Safety staff who are rostered to be on call, in	$0.62 an
	the event of an emergency, outside core hours and at	hour
	weekends and on Public Holidays

10.14.2�� The following allowances are determined by NSW Maritime:

Classification	Description	$ rate
Environmental Services	Superable skill allowance based on holding	$6238 a year
Master 5 allowance	Master 5 Qualification to carry out duties on
	specific Environmental Services vessels
Allowance - Caravan, Tent &	Applies to staff required to camp out or make	Daily allowance of
Boat	use of caravans or boats for overnight	$33.60 or any other
	accommodation in the course of their duties,	amount as
	when motel/hotel accommodation is neither	determined from
	available nor appropriate,	time to time by NSW
		Maritime

10.14.3�� The clause should be read in conjunction with sub clause 7.2 of this Award.

10.15�� Related issues

10.15.1�� Severance payments and overtime are to be calculated exclusive of shift allowances and weekend penalties.

10.15.2�� Severance payments for employees in receipt of annualised salaries are to be calculated on the basis of the annualised salary.

10.16�� Cost neutrality

10.16.1�� Any allowance approved by the Chief Executive pursuant to Clause 7.2 (iii), including any allowance that is aggregated into an annualised salary, which is recognised for the purposes of superannuation shall be cost neutral to NSW Maritime.

10.16.2�� Cost neutrality is achieved by applying a deflator of .84.� The deflator is based on on-costs of 20.5%, comprised of superannuation at 14.5%, long service leave at 6%.� For the term of this Award, the deflator of .84 shall apply unless any other deflator is agreed between the parties.

10.17�� Merit breaks

10.17.1�� Merit (that is advertising and merit selection) will be the basis for promotion.

10.17.2�� However, if a job is redesigned and reevaluated, the incumbent can "follow the job" and be direct appointed if the change of level follows the pattern below.� In all other cases the position will be advertised and filled on merit.

ORIGINAL LEVEL	NEW LEVEL
3	4
5	6
7	8
9	10
11	12
13	14
15	16
17	18

10.18�� Deductions from salary

10.18.1�� The deductions of union membership fees will continue to be a service offered to NSW Maritime staff.

10.19�� Novated leases

10.19.1�� NSW Maritime agrees to continue the arrangement with a recognised financial institution which administers novated leases for the purchase of motor vehicles as an employment benefit for all staff.

10.20�� Superannuation

10.20.1�� Changes in Public Sector Superannuation

NSW Maritime agrees to comply with any Crown Employees (Public Sector Conditions of Employment) Award with regard to changes and/or an increase in employer contributions to superannuation.

10.20.2�� Choice of Superannuation Fund

NSW Maritime will continue to provide full choice of Superannuation Fund for employees eligible to join First State Super as a full member.� This is in accordance with the First State Super Act 1992.� Members of NSW Public Service defined benefits schemes are excluded from the Federal Government’s choice of fund legislation.

10.21�� Salary packaging - superannuation

10.21.1�� NSW Maritime provides pre-tax superannuation provisions in accordance State Government guidelines and ATO Ruling TR 2001/DG .

10.22�� Employment benefit related motor vehicles

10.22.1�� Positions at MA17 or MO17 and above and Regional Managers will be able to use this employment benefit at the business/private rate as part of a salary sacrifice package as determined by a logbook audit, on a similar basis to the Senior Executive Service.

10.23�� Overtime

10.23.1�� The provisions of this clause shall not apply to the Harbour Masters/Marine Pilots at Eden and Yamba, Senior Maritime Officers, and all other positions on Annualised salaries listed in clauses 10.6, 10.7. 10.8 and 10.9.

10.23.2�� The following overtime provisions will apply to staff who work outside the span of ordinary hours described in clause 2.8.

10.23.3�� 35 Hour per week Staff

(i)�� Overtime worked Monday to Saturday will be paid at the rate of time and one half for the first two hours and double time thereafter.

(ii)�� Overtime worked on a Sunday will be paid at the rate of double time.

(iii)�� Overtime worked on a public holiday will be paid at the rate of double time and one half, in addition to the normal remuneration for that day.

(iv)�� Staff required to work overtime beyond the spread of hours Monday to Friday or beyond 12:30 p.m. on Saturdays, Sundays and Public Holidays will be entitled to a paid meal.� This payment will be agreed to the rate determined from time to time and applied within the NSW Public Service.

10.23.4�� 38 Hour per week Staff

(i)�� Overtime worked Monday to Saturday will be paid at the rate of double time.

(ii)�� Overtime worked on a Sunday will be paid at the rate of double time and one half.

(iii)�� Overtime worked on a public holiday will be paid at the rate of double time and one half in addition to normal remuneration for that day.

(iv)�� Staff required to work overtime beyond the spread of hours Monday to Friday or beyond 12:30 pm on Saturdays, Sundays and Public Holidays will be entitled to a paid meal.� This payment will be agreed to the rate determined from time to time and applied within the NSW Public Service.

10.23.5�� Staff on 12 hour day 3 days on 3 days off roster - Team Leaders Environmental Services and Environmental Services Officers

10.23.5.1�� The provisions for overtime for this group are contained in the clause 8.6.3

10.24�� Payment of salaries

10.24.1�� Payment of salaries and additional time shall be on a fortnightly basis on a Thursday.� Staff shall be paid by means of a direct deposit into their account at one of the major banks, building societies or credit unions.

11.� Productivity

11.1�� Remuneration increases

11.1.1�� Increases in the remuneration structure set out in clause 10.2 of this award are based on the commitment of the parties to the implementation of the following organisational measures:

(a)�� Time lost due to sickness and workplace accidents - 5 days per employee a year.

(b)�� Time lost due to industrial disputes - Nil per annum.

(c)�� Annual Leave Accruals

The Parties agree that the maximum entitled annual leave balance shall be no more than 30 days (or pro-rata equivalent for part-timers) by end of the NSW school holidays in July each year.� Where an employee does not voluntarily schedule leave to meet the required target the parties agree that:

(1)�� such employees will be directed to take and

(2)�� will be deemed to be on leave even if they attend work on the scheduled days for the leave.

12.� Deductions from Salary

The deduction of union membership fees will continue to be a service offered to Authority staff.

13.� Hours of Work

Unless otherwise specified in this Award

13.1�� Definitions

(i)�� 35 Hour per week employee means all NSW Maritime employees that are full-time staff other than Senior Boating Service Officers, Boating Service Officers, Riverkeepers Team Leaders Environmental Services, Environmental Service Officers, Managers at Salary Level MO17/MinO17 or above, Regional Managers, Marine Investigators or 38 Hour per week employees.

(ii)�� 38 Hour per week employee means a NSW Maritime employee who is deemed to be a "38 hour per week employee" by their letter of appointment.

(iii)�� An employee who works a 12 hour day, rostered on three days and three days off, is deemed to work an average 1792 hours a year.

13.2�� Hours of Work

(i)�� Hours of work within this Award will be arranged to take into consideration the specific business needs of NSW Maritime and, where possible, the work preferences of staff.

(iv)�� The working of additional hours within the spread of hours will be by reasonable notice from management.

13.2.1�� Ordinary Hours - 35 hour per week Employees

140 hours for staff on a four week cycle

280 hours for staff on an eight week cycle

420 hours for staff on a twelve week cycle.

(ii)�� Ordinary hours worked Monday to Friday are hours worked between 7:00am and 7:00pm.

13.2.2�� Ordinary Hours - 38 hour per week Employees

152 hours for staff on a four week cycle

304 hours for staff on an eight week cycle

456 hours for staff on a twelve week cycle.

(ii)�� Ordinary hours worked on any day Monday to Friday are hours worked between 6:00am and 6:00pm.

(iv)�� Notwithstanding any other provisions of this clause a staff member and his/her supervisor/manager may at any time agree to other arrangements provided they meet the need of the business unit and the contract hours are worked within the cycle.

13.2.3�� Ordinary Hours of Work: Harbour Master/Marine Pilots, Yamba and Eden

(ii)�� The Harbour Master/Marine Pilots at Eden and Yamba are required to work additional hours.� An exhaustion break will apply after 18 continuous hours including meal breaks.

(iii)�� Where additional hours are required and are considered by the employee concerned�� to be excessive, the work will be performed and such grievance be pursued in accordance with Part 8 Grievance Handling and Dispute Resolution Procedures.

(iv)�� Any changes in starting and finishing times will be undertaken in consultation with the employees concerned.

(v)�� The provisions of clause 3.25, Overtime, will not apply to the Harbour Master/Marine Pilots at Eden and Yamba.

13.2.4�� Additional Hours

(vi)�� Provisions for Additional Hours for Senior Maritime Officers include:

the working and/or accruing of additional hours shall only be with the agreement of the manager;

based on a four week cycle hours, worked in addition to the contract 140 hours, up to a maximum of 161 hours be taken at a mutually convenient time, as time off in lieu, and

additional hours accrued at the end of each cycle may be carried over to the next cycle by mutual agreement.

13.2.5�� Call Back and 10 Hour Break Between Rosters

14.� Grievance Handling and Dispute Resolution

14.1�� Introduction - when to use this grievance procedure

This procedure explains what to do if you have a grievance about anything to do with work. A grievance means any type of problem, concern or complaint about work or the work environment. NSW Maritime recognises that you can’t do a good job, or be fully productive, if you feel management or anyone else at NSW Maritime is treating you unfairly, discriminating against you or harassing you.

NSW Maritime has policies that set standards and guidelines about how managers, supervisors and co-workers are expected to behave and to conduct business on behalf of the organisation. These policies include the Code of Conduct and Ethics, leave allocation, staff selection processes, training and development, prevention of harassment. They set standards of behaviour for everyone at NSW Maritime. You can find copies of these policies on the Employee Relations website in the "Information for Staff" section.

14.2�� Matters that may be dealt with under this grievance procedure

There are many matters that may give rise to a grievance. For example, a grievance may relate to a perceived lack of training opportunity or being denied leave. Grievances may also involve suspected discrimination or harassment against a staff member and/or may be a matter to which the Anti-Discrimination Act 1977 applies. If you have any type of problem, concern or complaint about work or the work environment, use this grievance procedure so the issue can be sorted out as quickly as possible.

14.3�� Important points about our grievance procedure

14.3.1�� Easy to use

NSW Maritime’s grievance handling procedure has been updated to take into account other best practice models. As a result, you should find the grievance procedure clear and easy to use.

14.3.2�� Confidential

Only the people directly involved in the grievance, or in sorting it out, can have access to information about your grievance. Information will only go onto an employee’s personnel file if more formal action is taken arising from the grievance.

14.3.3�� Impartial (fair)

All sides get a chance to tell their side of the story. No-one makes any assumptions or takes any action until all relevant information has been collected and considered. All sides have access to support or assistance if they want or need it.

14.3.4�� Sensitive

All grievances will be dealt with sensitively and professionally by staff experienced in these matters.

14.3.5�� Free of unfair repercussions or victimisation

Management will take all necessary steps to make sure that people involved in a grievance are not victimised by anyone for coming forward with the grievance or for helping to sort it out. Any victimisation will be taken seriously and may result in disciplinary action.

14.3.6�� Sorted out with a minimum of fuss

NSW Maritime’s aim is to sort out all grievances at the lowest level possible with the minimum of fuss. In many cases grievances can be sorted out by agreement between the people involved with no need for formal action.

14.3.7�� Timely

NSW Maritime aims to deal with all grievances as quickly as possible.

14.4�� Can you sort the grievance out yourself?

If you feel able to try this approach, then do it as soon as you can. In the meantime continue to work normally unless there is a proven health or safety risk to any of the parties involved. (In such a case notify the Manager Employee Relations, who will consult with the appropriate union, and then advise the Chief Executive on how normal work can proceed in a manner which avoids any risk to the health and safety of staff or the public).

If you aren’t sure how to handle the problem contact an appropriate person who you can talk to about your concerns. An appropriate person may be your supervisor, your manager, the spokeswomen, someone in Employee Relations, a union delegate or official, the Employee Assistance Program Counsellor (see Section 7 - Summary of Steps). It is usually helpful to select someone local to the situation as often matters can then be sorted out speedily.

If your grievance concerns the way in which a recruitment and selection process was carried out, you should contact the Manager Employee Relations as soon as possible with the details of your concern. You should note that this Grievance Procedure does not apply to complaints about the outcome of a selection process. If you are unsuccessful in gaining a promotions position, you may have rights to appeal to the Government & Related Employees Appeals Tribunal (GREAT).

If the matter involves allegations of corrupt conduct, you should report the matter according to the procedure outlined in NSW Maritime’s Internal Reporting System, which is available on the Employee Relations website in the "Information for Staff" section.

14.5�� What will the person I approach on my grievance do?

Many staff have experience in helping anyone who has, or thinks they may have, a grievance. They can give you confidential advice about the best way to tackle your problem and where you can go if you need more help. Depending on their position in the organisation they may not be allowed to investigate or sort out your grievance. However, if they are not the person who will help sort out your grievance, they can go with you to see someone who can sort it out for you.

Wherever practical, within two working days of you approaching them they will:

(1)�� Get full information from you about your grievance and what will sort it out as far as you are concerned

(2)�� Explain the rest of the grievance procedure; they will also refer you to people who can provide you with support if you need it

(3)�� Decide if they are the appropriate person to continue handling the grievance - they may not be of a sufficiently senior level, too biased or seen to be too biased, to handle the grievance. If they can’t handle the grievance they will, with your agreement, refer you to another appropriate supervisor or manager or the Manager Employee Relations. That person will talk with you and then continue the process as described below.

Wherever practical, within two working days of your interview with them they will:

(4)�� Put the information they’ve received from you to the person/people you’re complaining about and get their side of the story.

Within a reasonable time of interviewing the person/people you’re complaining about the grievance handler will:

(5)�� Assess the matters alleged in your grievance and determine whether formal action may be necessary

14.6�� What are the possible outcomes?

14.6.1�� Joint agreement

Many grievances will be able to be settled by joint agreement between the people involved in the grievance. No records or notes will go on anyone’s personnel file. The person who handled the grievance will write a confidential report. This report will be filed in a confidential grievance filing system within Employee Relations. Only senior managers and Employee Relations staff will have access to this, and only when necessary.

14.6.2�� Mediation

If joint agreement can’t be reached internally, then the parties can agree to refer the matter to an independent mediator/arbitrator. The Manager Employee Relations can arrange this.

14.6.3�� Not enough proof to be able to act

If there is not enough proof to work out who is telling the truth, no disciplinary action will be taken. Instead, NSW Maritime may decide to:

monitor the people involved

consider wider staff training on the particular policy or standard involved.

14.6.4�� Disciplinary action

If the person sorting out the grievance decides that there has been a breach of one of NSW Maritime’ policies or standards NSW Maritime may decide to take disciplinary action against the person or people who breached the standard or policy.

14.6.5�� Criminal or illegal activity

If the person sorting out the grievance believes that criminal or illegal activity may be involved, they are to inform the Manager Employee Relations immediately.

14.7�� Formal Advice

At the end of the grievance handling process, the person who lodged the grievance will be informed in writing of the outcome.

14.8�� Concluding the Process

The person handling the grievance should let the individual with the grievance know that there has been some action, resolution or closure of the issue. They do not necessarily need to know details of the action taken or the terms of the resolution; only that action was taken or the issue was resolved or closed

14.9�� Who else can help?

At any time during a grievance you are involved in you can get confidential support and advice from the Employee Assistance Program (EAP) Staff Counsellor or Employee Relations or your union representative. You can get advice from these people if you are the person who has the grievance or if you are the person who has been ‘accused’ of doing something wrong. You can also have a support person present at any meetings if you wish (who supports you but does not act as an advocate).

In addition, you may contact an external agency for advice or help.

Organisations that may be able to help are:

Your Union

AMOU (02) 9264 2388

ASU (02) 9310 4000

MUA (02) 9264 5024

Workplace Counsellor - Joanne Thyer� 1800 337 068

NSW Anti-Discrimination Board

Level 4

175-183 Castlereagh

St ,Sydney NSW

2000

ph (02) 9268 5555

fax (02) 9268 5500

*TTY (02) 9268 5522

Wollongong Gov’t Offices

84 Crown St

Wollongong 2500

ph (02) 4224 9960

fax (02) 4224 9961

TTY (02) 4229 4143

Level 1

414 Hunter St

Newcastle East 2302

ph (02) 4926 4300

fax (02) 4926 1376

TTY (02) 4929 1489

*TTY - telephone typewriter for deaf or hearing impaired persons

Enquiries Line/Employers Advisory Service - ph (02) 9318 5444

Toll free number 1800 670 812 if calling from outside the Sydney area

World wide web address - http://www.agd.nsw.gov.au/adb

14.10�� Summary of steps to follow if you have a grievance

	What to do	When
Step 1	If you can, try to sort the grievance out yourself with the	Do this as soon as possible
	person or people involved. You may find that they didn’t
	mean to do what they did.

	Continue to work normally unless there is a proven health or	Immediately
	safety risk to any of the parties involved. (In such a case,
	notify the Manager Employee Relations who will advise the
	Chief Executive, so that other arrangements may be made).
Step 2	If:
	you aren’t sure how to handle the problem yourself, or you	Do this as soon as possible
	just want to talk confidentially about the problem with
	someone and get some more information about what you can
	do, then talk to an appropriate person.

	(Appropriate persons may include your supervisor or
	manager, Manager Employee Relations, Learning and	These individuals must speak

	Development Manager, union delegates or officials, the	with you as soon as they can
	spokeswomen or the Employee Assistance program (EAP)	and preferably on the same
	staff counsellor.)	day you ask to see them

	Note: If necessary, NSW Maritime will arrange and pay for
	the cost of an interpreter
Step 3	To get the grievance sorted out, go to see:	Do this as soon as possible

	your supervisor, or if you don’t feel comfortable or that it is	The person you see must get
	inappropriate for you to see them, your manager, or if you	full information from you as
	don’t feel comfortable or that it is inappropriate for you to	soon as possible. Unless there
	see them, any other supervisor or manager who is at a higher	is a very good reason not to,
	level than you, or an appropriate member of the ER team.	they should do this within two
		working days

		They must then sort out the
		grievance as fast as possible
		and must advise you, in
		writing, of the outcome.

Step 4	If you are unhappy with the way the grievance is being, or	Do this as soon as possible
	has been, sorted out, you can raise your concerns with: the
	manager of the person who was/is sorting out your	NSW Maritime aims to have
	complaint, or if you don’t want to see them any other more	any concerns sorted out as
	senior manager or the Manager Employee Relations or	quickly as possible
	Learning and Development Manager.
Step 5	If you are still unhappy, you can get advice from any	Do this as soon as possible
	relevant external agency, for example: your union and the
	NSW Anti-Discrimination Board	Each agency will tell you their
		time limits

		Contact numbers in Section 6.

14.11�� Dispute Resolution Procedures

Any dispute between employees or their union and NSW Maritime should follow the steps below.� In addition, the principles underlying the resolution of grievances should be followed in dealing with disputes. Industrial relations past precedent dictates that normal work must continue while these Procedures are being followed. If a health or safety risk is present, the Manager Employee Relations should be notified for appropriate assessment and action.

14.11.1�� What is a Dispute?

A dispute generally refers to a complaint or difficulty that affects more than one employee. A formal procedure gives the opportunity to resolve a dispute before industrial action takes place. For instance, a decision that changes the working conditions of a group of employees within a work area may become a dispute.

14.11.2�� Steps to be followed in resolving a Dispute

Step 1

An employee representative or the union representative should contact the relevant supervisor first. The supervisor must start to deal with the dispute as quickly as possible, usually within 24 hours of being notified. The Manager Employee Relations must also be advised of the dispute as soon as possible.

Step 2

If the dispute is unresolved, an employee representative or the union representative may approach the Regional/Branch Manager or equivalent to resolve the dispute. Where the dispute has industrial or human resource implications, the Regional/Branch Manager should seek the advice of the Manager Employee Relations.

Step 3

At this point, if the dispute remains unresolved, the Regional/Branch Manager should inform the Chief Executive.

Step 4

NSW Maritime or the union may refer the dispute to the Industrial Relations Commission of New South Wales.

14.11.3�� Keeping records relating to the dispute

A copy of the papers that relate to the dispute should be sent to the Manager Employee Relations with the originals retained at the local level for a reasonable period. The +supervisor or manager should ensure the papers are secured and Employee Relations is available as a secure storage repository. All parties directly concerned with the dispute should be given an opportunity to read and comment on papers relating to them. Documentation should be kept separate from personnel files.

15.� Leave

15.1�� Anniversary Date

15.1.1�� The anniversary date for all leave other than Annual Leave, Long Service Leave and Sick Leave shall be the first day of January in each year.� Where employment commences after the anniversary date leave entitlements in accordance with this Award shall be on a pro-rata basis until the next common anniversary date.� The anniversary date for Annual Leave and Long Service Leave shall be the date of engagement/appointment or as adjusted following any periods of Leave Without Pay.� Sick Leave does not have an anniversary date - for sick leave entitlement refer Clause 16.1.2 of this Award.

15.1.2�� Annual Leave

15.1.2.1�� Staff are entitled to Annual Leave as follows:

(i)�� Day Workers - four weeks paid leave for each completed year of service.

(ii)�� Boating Service Officers (working weekends & public holidays) - five weeks paid leave for each completed year of service.

(iii)�� Team Leaders in Environmental Services and Environmental Service Officers - 190 hours per annum

(iv)�� Harbour Master/Marine Pilots at Eden and Yamba are entitled to five weeks paid leave for each completed year of service.

15.1.2.2�� The taking of Annual Leave entitlements will be at a time mutually agreed between management, the employee and, where appropriate, the work team, having regard to leave rostering arrangements and workload requirements.

15.1.2.3�� Staff on Day Work will be debited for each working day absent exclusive of Public Holidays.

15.1.2.4�� Annual Leave Accruals

The Parties agree that the maximum entitled annual leave balance shall be no more than 30 days (or pro-rata equivalent for part-timers) by end of the NSW school holidays in July each year. Where an employee does not voluntarily schedule leave to meet the required target the parties agree that:

(i)�� such employees will be directed to take leave and

(ii)�� will be deemed to be on leave even if they attend work on the scheduled days for the leave.

15.1.2.5�� An employee may elect, with the consent of NSW Maritime to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties in order to meet their personal carer's responsibilities.

15.1.2.6�� An employee may elect with NSW Maritime's agreement to take annual leave at any time within a period of 24 months from the date at which it falls due in order to meet their personal carer's responsibilities.

15.1.2.7�� The conditions for the taking of Annual Leave are set out in the relevant Parts of this Award.

15.2�� Long Service Leave

15.2.1�� Staff are entitled to Long Service Leave as follows:

Period of Service	Accrual

After ten years of service	44 working days
For every further completed year of service	11 working days
Leave Without Pay does not count for service for the purpose of Long Service Leave.

15.2.2�� Staff engaged on Day Work will be debited for each working day absent exclusive of Public Holidays.

15.2.3�� The conditions for the taking of Long Service Leave are set out in the relevant Parts of this Award.

15.2.4�� Payment of proportionate extended leave arises when an employee has completed service of at least 5 years but less than 7 years, and the employment is being terminated:

either by the employer for any reason other than the employee's serious and intentional misconduct; or

by the employee on account of illness, incapacity or other domestic or pressing necessity.

Employees with 7 or more years service will be entitled to take (or be paid out on resignation) Long Service leave in the usual manner.� The quantum of leave available is that which would have applied if pro rata leave was granted.

There is no requirement for an employee with 7 or more years of service to have been terminated or to have left employment because of illness, incapacity or domestic or other pressing necessity to claim an entitlement.� No repayment will be required if an employee does not reach 10 years service.

15.2.5�� An employee with an entitlement to Long Service leave may elect to take leave at double pay.� The additional payment will be made as a non-superable taxable allowance payable for the period of absence from work, except for employees who are members of First State Super or another complying fund of their choice, for whom the double payment is superable.� The employee’s leave balance will be debited for the actual period of the absence from work and an equivalent number of days as are necessary to pay the allowance.

Other leave entitlements, e.g. Annual leave and Long Service leave will accrue at the single time rate where an employee takes Long Service leave at double time.

Superannuation contributions will only be made on the basis of the actual absence from work ie. at the single time rate.

15.2.6�� Public holidays that fall whilst on a period of Long Service leave will be paid and not debited from an employee’s leave entitlement.

15.2.7�� Benefits in clauses 15.2.5, 15.2.6 and 15.2.7 apply to employees who have entitlement to commence the relevant form of leave on or after 1 January 2005.

15.2.8�� Salary will be paid at the rate specified in accordance with the Long Service Leave Act.

15.2.9�� The taking of accrued leave on half pay is not an entitlement but a concession available only on an approved basis.

15.3�� Public Holidays

15.3.1�� The following days or the days upon which they are observed shall be Holidays, viz New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, National Aboriginal Day (for Aboriginal staff), Labour Day, Christmas Day, Boxing Day and all other days which may be gazetted as public holidays throughout the State.

15.3.2�� Subject to the provisions of subclause 20.3.4. there shall be no deduction of pay for public holidays not worked.

15.3.3�� Staff who absent themselves from duty without approval from a delegated manager on the working day prior to and/or the working day following any Public Holiday shall not be entitled to receive payment for such holiday.

15.3.4�� As from 1 January 2005, Public holidays that fall whilst on a period of Long Service leave will be paid and not debited from an employee’s leave entitlement.

15.4�� Leave Without Pay

15.4.1�� A staff member wishing to take a period of Leave Without Pay shall make application to the Chief Executive via their supervisor specifying the reasons for such Leave and the period of leave proposed.

15.5�� Trade Union Training Leave

15.5.1�� Paid leave may be granted up to a maximum of 12 days in any period of two years to a staff member to attend short trade union training courses or seminars conducted by or with the support of the ACTU on the following conditions -

(i)�� That operating requirements permit the granting of leave.

(ii)�� That the scope, content and level of the short course are such as to contribute to a better understanding of staff relations and be of benefit to NSW Maritime as a whole.

(iii)�� Leave granted for trade union training will count as service for all purposes.

(iv)�� Expenses associated with attendance at such courses or seminars will be met by the staff member concerned but leave may include travelling time necessarily required during working hours to attend such courses or seminars.

(v)�� Applications for leave must be accompanied by a statement from the union that it has nominated the staff member concerned for such course or seminar and supports the application.

15.6�� Sick Leave

15.6.1�� The Sick Leave provisions are designed to remove any abuses of sick leave and to provide paid leave for genuine illness.� In addition other provisions have been introduced, such as Personal and Carers Leave to provide support for staff unable to attend work for personal reasons.

15.6.2�� The minimum standard for Sick Leave is one week on full pay for each year of service cumulative on a three years to date basis.

15.6.3�� Where illness occurs, Sick Leave may be available as required.� Each individual case shall be reviewed in accordance with the following procedures -

15.6.4�� It is the staff member's responsibility to report their inability to attend work in order to qualify for payment.

15.6.5�� Documented medical evidence and/or a medical examination by a medical practitioner will be necessary where required by NSW Maritime.

15.7�� Personal and Carer's Leave

15.7.1�� Paid Leave may be provided for staff to arrange or provide short term care for sick, injured or aged dependants or family members.

15.7.2�� Paid Leave may also be provided for staff in the case of the death of a dependant or family member. In the case of bereavement, if Personal Carer's Leave has been exhausted, then Special Leave can be requested (See 16.3 below)

15.7.3�� A "dependant" in both 15.7.1 and 15.7.2 is defined as any person who has a family relationship (including de-facto partners of the opposite or same gender) with the staff member or for whom the staff member is responsible in terms of care and support. See Personal Carer's Policy for complete definition of "dependant".

15.7.4�� Each individual case will be determined on a case by case basis.

15.7.5�� Leave for such purposes of up to 5 days per calendar year may be granted by the relevant delegated manager.

15.7.6�� If Personal Carer's Leave has been exhausted, then untaken Sick Leave of up to 5 days a year may be accessed for the current year and the three previous years for the purposes of caring for a dependant.

15.7.7�� An employee may elect, with the consent of NSW Maritime to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties in order to meet their personal carer's responsibilities.

15.7.8�� An employee may elect with NSW Maritime's agreement to take annual leave at any time within a period of 24 months from the date at which it falls due in order to meet their personal carer's responsibilities.

15.8�� Special Leave

15.8.1�� The flexible working hours arrangements provide an opportunity for staff to attend to personal business during business hours without the need for access to additional time off.

15.8.2�� In addition to Personal and Carers leave, there may be other circumstances where a staff member may require time off during working hours to attend to personal or emergency situations.� Leave for such special purposes may be granted by a delegated manager subject to the agreement of the work team, where appropriate, and the staff member establishing a genuine need on a case by case basis.

15.8.3�� Special leave will include, but not be limited to, time off for bereavement and jury service

15.8.4�� Each individual case will be determined on a case by case basis.

15.9�� Maternity, Adoption and Parental Leave

15.9.1�� Permanent and temporary staff who have completed at least forty weeks continuous service either with NSW Maritime or with an organisation listed in the Schedule to the Transferred Officers Extended Leave Act 1961, prior to commencement of Maternity Leave shall be granted paid Maternity Leave on full pay for 14 weeks from the date Maternity Leave commences. Maternity Leave may commence up to 14 weeks prior to the expected date of birth as indicated on the medical certificate furnished with the application for Maternity Leave.

15.9.2�� Payment for Maternity Leave may be on a normal fortnightly basis; or in advance in a lump sum; or at a rate of half pay over a period of 28 weeks on a regular fortnightly basis.

15.9.3�� Staff may elect to take available Annual Leave on half pay in conjunction with any period of Maternity Leave on half pay.

15.9.4�� Staff who have been granted Annual and/or Long Service Leave in respect of any period subsequently allowed as paid Maternity Leave shall be re-accredited with such Annual and/or Long Service Leave.

15.9.5�� An employee who will be the primary care giver from the date of taking custody of an adopted child is entitled to payment at the ordinary rate of pay for a period of 14 weeks adoption leave, or the period of adoption leave taken, whichever is the lesser, provided that the employee:

(i)�� applied for adoption leave within the time and manner determined by the designated manager;

(ii)�� prior to the commencement of adoption leave, had completed not less than 40 weeks' continuous service.

15.9.6�� Employees of NSW Maritime, who become parents and are not eligible for maternity or adoption leave, may apply for unpaid Paternal Leave in terms of the Industrial Relations Act 1996. Employees will be able to apply for parental leave:

(i)�� provided that reasonable notice has been given to their manager to allow necessary arrangements to be made;

(ii)�� prior to the expected date of birth or taking custody (in the case of adoption) have completed not less than 40 weeks' continuous service.

15.9.7�� Up to one week on full pay or two weeks on half pay is available to employees who meet the above criteria, in 15.9.6. The period of parental leave does not extend the current entitlement of up to 12 months leave, but is part of it.

15.9.8�� Parental leave is available to male or female staff. Parental leave may begin at any time up to two years from the date of birth or taking custody of the child.

15.9.9�� Employees who are eligible for paid maternity, parental or adoption leave are entitled to up to 12 months of unpaid leave. The paid component of the leave is included in this 12 months and does not extend the total period of leave.

15.9.10�� Casual employees are entitled to unpaid maternity, parental and adoption leave under Chapter 2, Part 4, Division, section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996 (NSW). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

15.9.11�� An employer must not fail to re-engage a regular casual employee (see section 53 (2) of the Act) because:

(i)�� the employee or employee's spouse is pregnant; or

(ii)�� the employee is or has been immediately absent on maternity , adoption or parental leave.

the rights of NSW Maritime in relation to engagement and reengagement of casual employees are not affected, other than in accordance with this sub-clause.

15.9.12�� Right to Request

15.9.12.1�� An employee entitled to maternity, adoption or parental leave may request NSW Maritime to allow the employee:

(i)�� to extend the period of simultaneous unpaid maternity, adoption or parental leave use up to a maximum of eight weeks;

(ii)�� to extend the period of unpaid maternity, adoption or parental leave for a further continuous period of leave not exceeding 12 months;

(iii)�� to return from a period of maternity, adoption or parental leave on a part-time basis until the child reaches school age to assist the employee in reconciling work and parental responsibilities.

15.9.12.2�� NSW Maritime shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or NSW Maritime's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

15.9.12.3�� The employee's request and NSW Maritime's decision made under 15.9.11.1(i) and 15.9.11.1 (ii) must be recorded in writing.

15.9.12.4�� Where an employee wishes to make a request under the subclause 15.9.11.1(ii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from maternity, adoption or parental leave.

15.9.13�� Communication during maternity, adoption and parental leave

15.9.13.1�� Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, NSW Maritime shall take reasonable steps to:

(i)�� make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

(ii)�� provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the held before commencing parental leave.

15.9.13.2�� The employee shall take reasonable steps to inform NSW Maritime about any significant matter that will affect the employee's decision regarding the duration of maternity, adoption or parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

15.9.13.3�� The employee shall also notify NSW Maritime of changes of address or other contact details which might affect NSW Maritime's capability to comply with paragraph 15.9.13.1.

15.10�� Child Care

15.10.1�� NSW Maritime agrees to provide assistance with the cost of child care fees up to the value of $260.00 pa per employee where the employee’s children are in registered/approved child care facilities (i.e. long day care and vacation care).

16.� Job Redesign

16.1�� Criteria for job redesign

16.1.1�� The design of existing jobs in NSW Maritime may occur according to changing business needs.� The process may be activated by the employer, staff or union, but must take into account the recency of the previous design and evaluation of the position.

16.2�� Job evaluation

16.2.1�� The Mercer Cullen Egan Dell Job Evaluation System is used by NSW Maritime to assess the work value of positions

16.3�� Job evaluation program

16.3.1�� The following table sets out how the work value points determined by the Mercer Cullen Egan Dell Job Evaluation System will be translated into the salary model.� The table below sets out the range of work value points for each entry point:

Level	Mercer CED Points
1	60 - 69
2	70 - 78
3	79 - 90
4	91 - 103
5	104 - 117
6	118 - 134
7	135 - 153
8	154 - 173
9	174 - 199
10	200 - 229
11	230 - 262
12	263 - 300
13	301 - 343

14	344 - 392
15	393 - 448
16	449 - 512
17	513 - 590
18	591 - 669

17.� Workplace Representatives

17.1�� Roles and responsibilities

17.1.1�� The role and responsibilities of union workplace representatives, and the mutual understandings of NSW Maritime and unions regarding union delegates, are set out below:

17.1.1.1�� Delegates are empowered to act in an official capacity for and on behalf of their union in accordance with its rules.

17.1.1.2�� It is fundamental that delegates are staff of NSW Maritime and that their prime responsibility and duty is as staff.� Their activities on union business must not be inconsistent with their contract of employment.

17.1.1.3�� On election/nomination of a member as a delegate, NSW Maritime expects the union concerned to notify it in writing addressed to the Manager Employee Relations advising the following information:

(i)�� New delegate’s name.

(ii)�� Name of delegate replaced, new or additional position.

(iii)�� Work location and telephone contact number.

(iv)�� Work group that the delegate is responsible for.

17.1.1.4�� Upon receipt of a notification including the information outlined in Clause 17.1.3 above, NSW Maritime recognises delegates as in Clause 17.1.1.

17.1.1.5�� This recognition supports the legitimate part played by delegates in operations of the union in its dealings with NSW Maritime and involves activities such as:

(i)�� Advising members on the best way to deal with particular problems in their individual cases (such as pay queries, leave matters, errors in entitlements).� Assistance in these cases would generally be available through supervisors or personnel in the payroll or human resources areas.

(ii)�� Presenting complaints or concerns of the work group which the delegate is responsible for to the supervisor.� In doing so, the delegate is expected to be aware of and follow the Grievance Handling and Dispute Resolution Guidelines detailed in Part 14 of this Award.

(iii)�� Attending meetings or conferences called by their union(s), Peak Councils or NSW Maritime.

(iv)�� Attending proceedings at the Industrial Relations Commission when required as a witness or to assist the union advocate.

17.1.1.6�� Delegates must obtain prior approval from their supervisors to attend meetings and conferences (as set out in Clause 17.1.1.5 above).

17.1.1.7�� NSW Maritime is not under any obligation to pay its delegates whilst they attend to union business, however in line with the spirit inherent in recognition of the role of delegates, NSW Maritime is prepared to pay where the following criteria are met:

(i)�� Safety and operational requirements are not prejudiced, an application for special leave is submitted and supervisor approval is obtained beforehand.

(ii)�� NSW Maritime considers that the request is reasonable and leads to more constructive staff relations.

(iii)�� For proceedings at the Industrial Relations Commission, assistance to a Union Advocate is limited to no more than two delegates on each occasion.

17.1.1.8�� The procedure for notifying meetings convened by unions and Peak Councils is notification in writing, giving two working days notice of the meeting, including dates, venues, proposed agenda and approximate time the meeting will take and details of delegates expected to attend.� NSW Maritime will be provided with an attendance list of meetings.� In exceptional circumstances, the parties agree the above procedures may be waived.

17.1.1.9�� The current practice, whereby recognised union delegates are allowed a reasonable opportunity to carry out general union business on-site at a time mutually convenient to the staff and NSW Maritime, will be continued.

When involved in union activity, delegates are expected to observe the same standards of conduct and behaviour as any staff.� Breaches will be dealt with on the same basis as for all staff - either under the NSW Maritime Disciplinary Procedures or other appropriate action.

17.1.1.10�� NSW Maritime reserves the right to notify the relevant union should it consider a recognised delegate is abusing any privilege extended to the delegate.

17.1.1.11�� Trade Union Training Leave - refer to Part 15 Clause 15.1 of this Award

18.� Work Environment

18.1�� NSW Maritime’s commitment to Occupational Health and Safety.

18.1.1�� NSW Maritime is committed to maintaining an accident-free and healthy workplace.

This will be achieved by:

Implementation of appropriate health and safety procedures;

Appropriate management practices;

The active and constructive involvement of all staff; and

Management and staff participation on Safety Committees

18.1.2�� At all times NSW Maritime and staff will comply with the Occupational Health and Safety Act 2000.

18.1.3�� NSW Maritime will encourage staff to take a constructive role in promoting improvements in occupational health, safety and welfare to achieve a healthy and safe working environment.

18.2�� Management responsibility

18.2.1�� NSW Maritime shall ensure a safe system of work as a legal obligation thus setting examples to encourage safe practices and methods.

18.2.2�� Each workplace and its environment must be established and maintained in a safe condition without risk to health.

18.2.3�� Machinery, plant and equipment must be safe and without risks when properly used and must be maintained in that condition.

18.2.4�� Each work activity must be assessed to determine a safe method of operation.

18.2.5�� Procedures need to be documented in the form of a job instruction and reviewed periodically in the light of experience or changed circumstances.

18.2.6�� Exposure to harmful chemical and physical agents is in accordance with the specifications laid down by an approved authority and monitored to ensure compliance with specifications.

18.2.7�� Approved protective clothing and equipment is provided and instruction given on its use, maintenance and storage.

18.2.8�� Arrangements are made for monitoring all accident/injury and work related ill-health and appropriate corrective action taken to prevent a recurrence.

18.2.9�� All staff are instructed in correct work practice for the work being performed.

18.3�� Individual responsibility

18.3.1�� Each staff member has a responsibility to work safely to the maximum extent of his/her control over, or influence on, working conditions and methods.

18.3.2�� Observe all instructions issued to protect safety and the safety of others.

18.3.3�� Ensure all safeguards and protective equipment provided for safety purposes are utilised accordingly.

18.3.4�� Advise the supervisor of any hazards or deviation from safe working practices at the workplace.

18.3.5�� Not interfere with or render inactive any safeguard or protective equipment provided for safety purposes, except when necessary as part of an approved maintenance procedure.

18.4�� Clothing and personal protective equipment

18.4.1�� To ensure the safety of staff, protective clothing and personal protective equipment will be issued according to exposure to hazards and risks which exist in the workplace.� Where it is determined that a protective clothing issue will be made, replacement will be on the basis of condemnation.

18.4.2�� Where a staff member is issued with protective clothing that clothing must be worn on duty except when a specific exemption has been allowed by the staff member’s supervisor.�

18.5�� Anti-Discrimination in the Workplace

Equality of Employment and Elimination of Discrimination

18.5.1�� The parties are committed to providing a work environment which promotes the achievement of equity, access and elimination of discrimination in employment.

18.5.2�� Anti-discrimination

(i)�� It is the intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.� This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and carer’s responsibilities.

(ii)�� 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 to 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 the Award, which by its terms or operation has a direct or indirect discriminatory effect.

(iii)�� Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

(iv)�� Nothing in this clause is to be taken to affect:

(a)�� any conduct or act which is specifically exempted from anti-discrimination legislation;

(b)�� offering or providing junior rates of pay to persons under 21 years of age;

(c)�� any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

(d)�� a party to this award from pursuing matters of unlawful discrimination in any State of Federal jurisdiction.

(v)�� 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.

(vi)�� Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

(vii)�� Section 56(d) of the Anti-Discrimination Act 1977 provides:

"Nothing in the Act affects ..... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion".

18.6�� Harassment Free Workplace

18.6.1�� NSW Maritime is committed to ensuring that staff work in an environment free of harassment.

18.6.2�� Harassment is any repeated uninvited or unwelcome behaviour directed at or about another person.� The effect of harassment is to offend, annoy, or intimidate another person and to make the workplace uncomfortable and unpleasant.

18.6.3�� Managers and supervisors shall prevent all forms of harassment by setting personal examples, by ensuring proper standards of conduct are maintained in the workplace, and by taking immediate and appropriate measures to stop any form of harassment of which they may be aware.

18.6.4�� All staff are required to refrain from perpetrating, or being a party to, any form of harassment.

19.� Personnel Policies

19.1�� The MSB Personnel Policy Manual will continue to have effect until such time as NSW Maritime amends or replaces such policies with NSW Maritime policies, or totally rescinds the policy.

19.2�� Any proposed changes to policy will be referred to the Maritime Consultative Committee prior to any change taking effect.

20.� No Extra Claims

20.1�� Parties to this Award are obliged not to pursue any extra claims, except those allowed by Chapter 2, Part 2 of Division 1-3 of the Industrial Relations Act 1996.� Under the Act, items may be raised for discussion with a view to achieving mutually agreed variations during the life of the Award.

PART B

SALARY RATES

Annual Salary Rate

Salaries and Allowances Effective 1 July 2006

Maritime Officer Level	Salary Rates 1 July 2006
	$
2	37,920
3	44,027
4	46,104
5	49,572
6	51,909
7	55,808
8	58,438
9	62,823
10	65,788
11	70,724
12	74,055
13	79,610
14	83,355
15	89,604
16	93,822
17	100,845
18	104,701
19	108,643

Annualised Salary Rates - 1 July 2006
5A	64,256
7A	70,492
7AA	68,438
10A	80,472
10AA	80,677
11A	85,407
12A	88,740
13A	88,534
15A	104,288
16A	109,048
17A	111,919
17AA	116,071
18A	115,774

Ministry Officer Levels
Grade	Salary Rates - 1 July 2006
	$
4	47,929
5	51,531
6	53,961
7	58,014
8	60,749
9	65,306
10	68,387
11	73,520
12	76,983
13	82,756
14	86,652
15	93,147
16	97,527
17	104,829
17A	115,902
18	108,840
18A	119,913

Personal Salaries
Grade	Salary rates - 1 July 2006
	$
3.1	45,412
4.1	46,802
5.1	50,350
5.2	51,133
7.1	57,562
8.1	59,316
8.2	61,067
9.1	63,809
9.2	64,800
11.1	71,834
13.1	80,859
16.1	95,223
17.1	101,867

Senior Maritime Officer - 1 July 2006
SMO 1	�
Level 1	$113,961
Level 2	$122,796
�
SMO 2
Level 1	$124,873
Level 2	$133,678
�
SMO 3
Level 1	$138,152
Level 2	$151,650

Appendix 1

Annualised Salary Groups

Group 1 Designated Managers

Business Analyst

General Counsel (MPD)

Manager Asset Services

Manager Business Improvement & Development

Manager Commercial Operations

Manager Employee Relations

Manager Finance

Manager Information Technology

Manager Marine Environment & Protection

Manager Maritime Incident Investigation

Manager Office of the Chief Executive

Manager Policy and Projects

Manager Property Administration

Manager Property Planning

Manager Ports and Projects

Manager Port and Maritime Policy and Advice

Manager Public Affairs

Manager Shipping Safety & Port Coordination

Manager Survey & Spatial Information

Manager Wharf Safety Audit

Principal Engineer

Principal Policy Officer

Regional Manager

Regional Manager Sydney

Group 2 - Operational Positions

Operations Supervisor - Sydney Harbour

Senior Boating Service Officer

Boating Service Officer Entry

Boating Service Officer Intermediate

Boating Service Officer Fully Competent

Boating Service Officer Remote Location

Riverkeeper Entry

Riverkeeper Intermediate

Riverkeeper Fully Competent

Team Leader Environmental Services

Environmental Services Officer

Group 3 - Investigations

Marine Investigator

Group 4 - Remote Supervision

Operations Manager Botany Bay/Port Hacking

Special Aquatic Events Manager

APPENDIX 2

SALARY CLASSIFICATIONS

As at 30 June 2007

Level	Salary	Job Title
	$
MA 1	34,655
MA 2	37,920
MA 3	44,027	Administration Assistant
		Customer Service Officer (Entry Level)
		Casual Marina Attendants
MA 4	46,104	Customer Service Officer
MA 5	49,572	Records/Procurement Officer
		Receptionist/Administration Officer
		Courier and Records Officer
		Marina Receptionist/Administration Officer
		Administration Officer
		Customer Service Officer
		Casual Bus Driver
MA 6	51,909	Legal Clerk
		Accounts Payable/Receivable Officer
		Customer Service Officer
MO 6	53,960	Casual Pilot
		Casual Deckhand
MA 7	55,808	Divisional Administration Coordinator
		Customer Service Specialist
		Accounts Receivable Officer
		Executive Assistant
		Administration Officer Capital Works
		Employee Services Support Officer
		Help Desk Operator
MO 7	58,013	Records Administration Officer
MA 7AA	68,438	Environmental Services Officer
MA 8	58,438	Ministerial and Executive Support Officer
		Media Project Officer
		Executive Assistant
		Office Manager
		Commercial Vessels Coordinator
		Trim Project Officer
		Accounts Payable Officer
		Accounts Receivable Officer
		Fixed Assets Officer
		Systems Testing Technician
		Survey Officer
MO 8	60,750	Port Services Officer
MA 9	62,823	Research Officer
		Senior Legal Clerk
		Customer Service Coordinator
		Sydney Region Planning Coordinator
		Client Services Team Leader
		Team Leader- Records
		Supply Coordinator
		Property Analyst
		Drafting Officer
		Executive Coordinator
		Office Manager
MA 10	65,788	Personal Assistant to the Chief Executive
		Ministerial and Correspondence Officer
		Regional Coordinator
		Business Coordinator
		Maintenance Engineer
		Employee Services Officer
		Computing Support Officer
		PC LAN Support
MA 10A	80,472	Boating Services Officer
		River Keeper
MA 10AA	80,677	Team Leader Environmental Services
MA 11	70,724	Project Officer
		Team Leader Customer Service
		Marine Examination Officer
		Accounts Payable Supervisor
		Fixed Assets Accountant
		Accounting Officer Budgets and Projects
		GIS Administration
		Senior Drafting Officer
		GIS Developer
MA 11A	85,408	Boating Services Officer
MA 12	74,055	SAP Administrator
		Property and Development Officer
		GIS Project Officer
		GLS Project Officer
MA 12A	88,740	Marine Investigator
		Senior Boating Services Officer
MA 13	79,610	Senior Media Officer
		Environmental Services Manager
		Policy Officer
		Operations Planning Officer
		Policy Officer
		Special Events Manager
		Business and Technical Support Officer
		Senior Marine Certification Officer
		Learning and Development Officer
		Senior Employee Services Officer
		Treasury Reporting Accountant
		Unix Systems Administrator
		Technician Surveyor
		Development Approvals Coordinator
		Assessments Officer
MA 13A	88,534	Botany Bay/Port hacking Operations Manager
MA 14	83,355	Solicitor
		Solicitor Prosecutions and General
		Quality Development Officer
		Ship Surveyor
		Naval Architect
		SMS Auditor
		HR Policy and Projects Officer
		OH&S and Workers Compensation Manager
		Financial Accountant
		System Support Manager
		Team leader PC/LAN Support
		Commercial Property Officer
		Senior Policy Officer MPD
		Project Engineer
		Policy and Projects Officer
MO 14	86,652	Project Planner
		Environmental Planner
		Environmental Officer
MA 14A	98,040	Operations Supervisor Sydney Harbour
MA 15	89,604	Ministerial and Parliamentary Officer
		Solicitor Compliance and General
		Corporate Planner
		Risk Manager
		Financial Systems Accountant
		Management Accountant
		Spatial Information Manager
		Senior Policy Officer
		Marine Certification Manager
		Wharf Assessment and Audit Projects Engineer
		Marine Infrastructure Program Manager
		Accommodation Manager
MO 15	93,147	Project Officer
MA 16	93,822	Ministerial and Executive Unit Manager
		Senior Solicitor Civil and Administration
		Senior Solicitor Compliance
		Maritime Security Officer
		Shipping Safety Officer
		Senior Surveyor (Technical)
		Learning and Development Manager
		Property Manager
		Commercial Property Manager
		Senior Assessments Engineer
		Senior Environmental Planner
		Property Assets Manager
		Business Solutions Manager
MA 16A	109,048	Regional Manager
MA 17	100,845	Principal Port and Maritime Analyst
		Manager Survey
		Principal Policy Officer
MO 17A	115,902	General Counsel MPD
		Business Analyst
MA 17A	111,919	Manager Public Affairs
		Manager Marine Environment and Protection
		Manager Maritime Incident Investigation
		Principal Policy Officer
		Manager Policy and Projects
		Manager Asset Services
		Manager Wharf Safety Audit
		Manager Finance
		Manager Information Technology
		Manager Survey and Spatial
		Manager Property Administration
		Principal Engineer
MA 18	104,701
MA 18A	115,775	Manager Office of the Chief Executive
		Manager Shipping Safety and Port Coordination
		Manager Port and Maritime Policy
		Manager Commercial Operations
		Manager Employee Relations
		Manager Property Planning
		Manager Business Improvement and Development

MO 18A	119,913	Manager Ports and Projects
MA 18AA		Regional Manager
SO 1	113,961	General Counsel

APPENDIX 3

Flexible Working Practices Guidelines

NSW Maritime recognises through Clause 7.2.2 of this Award, the importance of flexibility in work arrangements.� Benefits flow from such arrangements in terms of job satisfaction and productivity gains.

The ordinary hours for work for 35 hour week staff are between 07.00 and 19.00, Monday to Friday.

For Environmental Services staff on a rostered 12 hour day, 3 days on / 3 days off, ordinary hours are between 06.00 and 18.00, Monday to Sunday.

Boating Service Officers work an average span of 38 ordinary hours a week over a four week cycle.� There are no fixed hours and they work additional hours to accommodate business needs.� Additional hours are normally taken as time-in-lieu.

Staff whose work allows them to do the equivalent hours for a 5 day week in four days may be able to negotiate such an arrangement if business needs permit.

Staff who have personal carer’s needs may be able to negotiate different work arrangements to suit their personal needs providing business needs permit.

The availability of flexible hours and flexible practices are a privilege and need to be agreed with your manager in advance.

Working from Home or Telecentres (Irregular basis)

These guidelines for staff relate to irregular / ad hoc working from home or telecentre arrangements.� Where working from home is to be on a more permanent basis, a formal working from home agreement must be negotiated between the individual and their manager and signed by both parties in consultation with the Employee Relations Branch.

The ability to work in an environment where there is less potential for interruption and reduced travel time can be an attractive option on an irregular basis for certain staff or particular projects.� It can also contribute to reducing road or public transport congestion.

Working from home or telecentre arrangements may be initiated by an employee or a manager.

Criteria for Application

The staff member should:

Be working on a project or paper where there is benefit in working alone

Be working on a project or paper where progress can readily be measured

Be able to organise and prioritise their work

Be contactable by telephone between agreed hours

Maintain their record of working time on their timesheet (which may occasionally be greater than 7 hours in a day, if parameters agreed in advance)

Take a break of at least 30 minutes for lunch or equivalent

Come into work if required

Incur no additional costs for NSW Maritime

Have advance approval.

The time granted can be:

Part day

Whole day

No more than once a month, unless Telecentre where can be once a week.

Exceptions where:

Special fixed term projects e.g. system testing

Maximum of 3 months where related to family or medical situation (considered on a case by case basis)

Working environment

The employee’s working environment should be one which allows the individual to work with minimal interruption.

Use of NSW Maritime’s laptops may be granted by a Manager subject to usual criteria and availability.

Access to NSW Maritime on-line network does not automatically flow from approval to work at home - this again is subject to the usual criteria.

Telecentres

NSW Maritime supports staff working at Telecentres where this meets the business needs of the organisation

Granting Approval

Managers must always balance the needs of the business against requests to work at home.� Managers are encouraged to allow staff, who request the privilege, to work at home for a specific purpose.� However their work must be of a nature that it can, on occasions, be carried out at home.

Any staff member found to be abusing the privilege will have it withdrawn and may be subject to disciplinary action.

Job Sharing

There are several examples of job sharing in NSW Maritime.� This often happens because a staff member wishes to work permanent part-time instead of full-time and the other part of the job can be filled and this suits business needs.� Staff who have once held a full time position have the right to return to a similar full-time position should there be a vacancy.

Job Sharing is approved on a case by case basis.

Career Breaks

NSW Maritime is open to supporting career breaks for reasons of professional development, industry experience, post-graduate study, employment overseas and sometimes for health or family reasons.

Staff can apply to the Chief Executive through their manager and Employee Relations for Leave Without Pay.� Each request will be considered on a case by case basis and will depend on how business needs can be accommodated during the officer’s absence.

Similarly, staff can apply to fund a career break up to 5 years in advance, by taking a lower salary in the years before the career break to allow salary still to be paid in the career break period.� No more than 50% of salary can be set aside in any tax year for such purposes. After gaining support from their manager, staff interested in this option should discuss the detail with Employee Relations before making any arrangements.

APPENDIX 4

MEMORANDUM OF UNDERSTANDING

1.�� The parties to this Memorandum of Understanding (MOU) are the Waterways Authority (trading as NSW Maritime) and the Seamen’s Union of Australia (NSW Branch).

2.�� This MOU sets out the principles and understandings between the parties for the introduction of the new Roster System and Annualised Salary for Environmental Service Officers in the Environmental Services Section of the Marine Environment Branch of the Shipping, Security and Environment Division and amended arrangements for the existing roster for Team Leaders in Environmental Services. These issues formed part of the Waterways Authority (trading as NSW Maritime) Enterprise Agreement 2004 - 2007 negotiations.

3.�� In this MOU, reference to the 3 Special Aquatic Events shall mean the aquatic events on Boxing Day, New Year’s Eve and Australia Day.

Environmental Service Officers:

4.�� The parties agree that a compulsory new Roster System and Annualised Salary will be introduced for the Environmental Service Officers in the Environmental Services Section.� The new roster involves:

Annualised salaries

12 hour shifts

Working three days on / three days off

190 hours annual leave

Ordinary hours of work being 6.00am - 6.00pm Monday to Sunday

Sick leave calculated at 10.86 hours a day

55 minute break

additional 14 minutes is paid within the annualised salary at ordinary time rate not the overtime rate).

working 5 public holidays in a twelve month period

working Special Aquatic Events of Boxing Day, New Year’s Eve and Australia Day

no accrual of additional hours or time in lieu

5.�� From 30 May 2005, the new roster for Environmental Service Officers will align with the roster worked by Team Leaders in the Environmental Services Section.

6.�� The proposed new Enterprise Agreement will annualise the salaries of� Environmental Services Officers and will appear substantially in the following form:

"Salaries shall be adjusted in the same manner as are salaries in clause 3.2 of the Waterways Authority (trading as NSW Maritime) Enterprise Agreement 2004 - 2007.� The ordinary hours for employees in this group include working weekends and public holidays, and the Special Aquatic Events on Boxing Day, New Year’s Eve and Australia Day.� Team Leaders in Environmental Services and Environmental Service Officers’ ordinary hours of work include working a 12 hour shift, 3 days on and 3 days off as detailed in Memorandum of Understanding between the parties."

7.�� The parties agree that the Annualised Salary for Environmental Service Officers in the Environmental Services Section will be $62,671� pa as at the signing of this MOU and $63,275� per annum per financial year (as from 30 May 2005) once the Heads of Agreement is signed. The salary rate is superable and will be adjusted in accordance with salary increases under Clause 3.2 of the Waterways Authority (trading as NSW Maritime) Enterprise Agreement 2004-2007, once the Heads of Agreement is signed.� The Annualised Salary covers payment for working the compulsory 12 hour roster and for weekends and public holidays throughout the year and the special aquatic events on Boxing Day, New Year’s Eve and Australia Day. If an Environmental Services Officer does not routinely work in accordance with the 12 hour roster arrangement they will be paid at the rate of MO7 following consultation with the effected employee.

Team Leaders Environmental Services

8.�� The proposed new Enterprise Agreement will annualise the salaries of Team Leader Environmental Services and will appear substantially in the following form:

"Salaries shall be adjusted in the same manner as are salaries in clause 3.2 of the Waterways Authority (trading as NSW Maritime) Enterprise Agreement 2004 - 2007.� The ordinary hours for employees in this group include working weekends and public holidays, and the Special Aquatic Events on Boxing Day, New Year’s Eve and Australia Day).� Team Leaders in Environmental Services and Environmental Service Officers’ ordinary hours of work include working a 12 hour shift, 3 days on and 3 days off as detailed in the Memorandum of Understanding between the parties."

9.�� As from 30 May 2005, the roster for Team Leaders in Environmental Services will be adjusted so that they will now only have 55 minutes of break time during a shift instead of 1 hour and 9 minutes. The additional 14 minutes worked is paid within the annualised salary at ordinary time, not overtime rate.

10.�� Mr Wayne Cartner and Mr Ray Moss will continue to receive the rate of $77,266 as a personal salary whilst acting in the position of Team Leader.� Should they be permanently appointed to the position of Team Leader, that personal salary rate will continue until it is overtaken by the rate for the position (ie MO10AA).� It is anticipated that this will occur on 1 July 2005 when the rate for MO10AA becomes $77,574 (provided the Heads of Agreement is signed). The need for this personal salary rate arrangement arises from an error that occurred in the Waterways Authority Enterprise Agreement 2001 - 2004 calculations for the rates for Team Leaders.

11.�� Any Team Leader other than Mr Cartner and Mr Moss, appointed on the amended roster, will be paid at the rate of $73,873 pa (being the rate adjusted by 3% from 1/7/04). Once the Heads of Agreement is signed,� the rate shall be $74,590 pa (being the rate adjusted by 4% from 1/7/04)� and� the salary will be adjusted in accordance with Clause 3.2 of the Waterways Authority (trading as NSW Maritime) Enterprise Agreement 2004 - 2007.

Conditions applicable to Environmental Service Officers and Team Leaders in Environmental Services

12.�� The parties recognise and accept that in order for the Environmental Services roster to operate effectively, employees may only take Annual Leave in accordance with the leave roster, that is, only one employee per team on Annual Leave at any one time.

_____________________

�*figures based on 3% adjustment

�*figures based on 4% adjustment

13.�� The parties also recognise and accept that, in order for the Environmental Services roster to operate effectively, Long Service Leave may only be granted for periods of or in excess of 9 rostered days.

14.�� It is the expectation of the parties that the hours worked for daily shifts, other than aquatic events, shall not exceed 12 hours.� Under the new roster system there is no accruing of additional hours and no Time in Lieu may be taken.� On the exceptional occasions that the number of hours on a shift exceeds 12, payment shall be in accordance with the appropriate overtime rate set out in clause 3.13.4 of the Waterways Authority (trading as NSW Maritime) Enterprise Agreement 2004 - 2007 with the hourly rate based on the grade for the position not the annualised salary i.e. MO7 not MO7AA and MO10 not MO10AA.� In addition a meal allowance shall be paid in accordance with sub-paragraph (iv) of sub clause 3.13.4 of the Waterways Authority (trading as NSW Maritime) Enterprise Agreement 2004 - 2007.� These overtime provisions shall form the basis of a new clause 3.13.5 in the Waterways Authority (trading as NSW Maritime) Enterprise Agreement 2004 - 2007.

15.�� It is the expectation of the parties that the hours worked for each aquatic event shall not exceed 12 hours and this figure has been used in calculating the Annualised Salary. On the exceptional occasions that this occurs payment shall be in accordance with the appropriate overtime rate set out in clause 3.13.4 of the Waterways Authority (trading as NSW Maritime) Enterprise Agreement 2004 - 2007 with the hourly rate� based on the grade for the position not the annualised salary i.e. MO7 not MO7AA and MO10 not MO10AA.� These overtime provisions shall form the basis of a new clause 3.13.5 in the Waterways Authority (trading as NSW Maritime) Enterprise Agreement 2004 - 2007.

16.�� When called out or back to work for an emergency, such as an oil spill, a minimum of four hours shall be paid at the appropriate overtime rate.� Payment shall be in accordance with the appropriate overtime rate set out in clause 3.13.4 of the Waterways Authority (trading as NSW Maritime) Enterprise Agreement 2004 - 2007 with the hourly rate� based on the grade for the position not the annualised salary i.e. MO7 not MO7AA and MO10 not MO10AA.� These overtime provisions shall form the basis of a new clause 3.13.5 in the Waterways Authority (trading as NSW Maritime) Enterprise Agreement 2004 - 2007.

17.�� When an employee is sick he/she shall have an amount of 10.86 hours deducted from their Sick Leave Entitlement.

18.�� The current allowance for the Environmental Services Master 5 qualification is not included in the Annualised Salary.

19.�� Also, the First Aid Allowance which Team Leaders and Environmental Service Officers receive who were employed by NSW Maritime prior to 1 July 2001 is not included in the Annualised Salary.

20.�� The payment of the Annualised Salary is based on a financial year, however for the 2004/2005 financial year the amount will be a pro rata amount based on the date of introduction, that being 30 May 2005.

21.�� The parties agree that in normal circumstances hours of work are between 6.00 am and 6.00 pm, however in exceptional circumstances such as aquatic events, start and finish times may be varied to suit business needs, following consultation and reasonable notice.� The parties may refer the application of this clause to the dispute resolution procedure, if necessary.

22.�� The parties agree to monitor the level of Sick Leave, particularly on weekends following the introduction of the new Roster Arrangements and the Annualised Salary.

D.W. RITCHIE, Commissioner

____________________

Printed by the authority of the Industrial Registrar.

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