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New South Wales Industrial Relations Commission
(Industrial Gazette)

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Coleambally Irrigation Consent Award 2007
Page No.11
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6364
Award Code 1448  
Date Posted03/14/2008

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Coleambally Irrigation Consent Award 2007




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


(No. IRC 1724 of 2007)


Before Commissioner Stanton

30 November 2007








Clause No.         Subject Matter


1.         Title

2.         Scope, Application and Parties Bound

3.         Objectives

4.         Date and Period of Operation

5.         Relationship to Previous Awards, Awards, etc.

6.         Contract of Employment and Related Issues

7.         Award to be Displayed

8.         Joint Consultative Committee

9.         Definitions






10.       Skills and Classification

11.       (Spare)






12.       Salaries

13.       Allowances ex Salary

14.       Performance Appraisal and Rewards






15.       Ordinary Hours

16.       Call Out

17.       Casual Employment

18.       Part-time Employment

19.       Overtime

20.       Meal and Rest Periods






21.       Annual Leave

22.       Annual Leave Loading

23.       Short Term Illness/Injury

24.       Sick Leave

25.       Long Service Leave

26.       Bereavement Leave

27.       Parental Leave

28.       Jury and Other Service Leave

29.       Discretionary, Family and Personal/Carer’s Leave

30.       Public Holidays






31.       Payment of Wages

32.       Travelling between Sites

33.       Superannuation

34.       Protective Clothing/Uniforms and Equipment

35.       Training

36.       (Spare)

37.       Employee Life Insurance

38.       Contractor Award and Enterprise Award Conditions

39.       Anti-Discrimination

40.       Confidentiality

41.       Stand Down

42.       Grievance/Dispute Procedure

43.       Health and Safety

44.       Employment Records

45.       Union Fee Deductions

46.       Future Negotiation

47.       Joint Review of Conditions

48.       Secure Employment


Schedule A - Salary Level Work Description

Schedule B - Common Salary Points Applicable to this Award

Schedule C - Employee List for Subclause 25.1






1.  Title


This Award shall be known as the Coleambally Irrigation Consent Award 2007.


2.  Scope, Application and Parties Bound


2.1        This Award provides for the employment arrangements for employees of Coleambally Irrigation Corporation ("CIC') for whom job descriptions and conditions of employment are contained herein.


2.2        This Award binds CIC or its successors, each person employed from time to time by CIC in a capacity covered by this Award, The Australian Workers’ Union and the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales ("the Union(s)").  The Unions shall form and retain a Single Bargaining Unit for the purposes of both negotiations of this Award and negotiations in enterprise bargaining.


3.  Objectives


The parties agree that the objectives of the Award are to manage the transition from public to private ownership of the CIC and to act as a safety net award for any future enterprise agreements.


4.  Date and Period of Operation


This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Coleambally Irrigation Consent Award 2004 published 11 March 2005 (349 I.G. 51) and all variations thereof.


The changes made to the Award pursuant to the Award Review under 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 28 April 1999 (310 I.G. 359) take effect on and from 30 November 2007.


This Award remains in force until varied or rescinded, the period for which it was made having already expired.


5.  Relationship to Previous Awards, Awards, Etc.


This Award supersedes all previous Awards, Awards and orders of the NSW Industrial Relations Commission made under the Industrial Relations Act 1996, relating to employment in the industries and/or industrial pursuits governed by this Award, but no right, obligation or liability incurred under previous Awards, etc., shall be affected by such supersession.


6.  Contract of Employment and Related Issues


6.1        Nature of Engagement


All employees (other than casual employees) shall be permanent employees and shall be employed by the week.


6.2        Performance of Duties


Subject to this Award, employees are expected to perform and will be paid for those duties for which they are employed and which are within their competence to perform.  All employees must be fit and able to carry out the work they perform.  Employees required to work in or near the water distribution system must have documentary evidence to prove their ability to swim.  Where the work requires it, employees must hold a current driver's licence.


6.3        Probationary Period


New employees shall have up to six months' probationary period reviewed after one month, three months and six months.


6.4        CIC's Duty to Notify Major Changes


6.4.1     Where CIC is reasonably sure that it will be necessary to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, CIC shall notify the employees, the Consultative Committee and their Union representatives who may be affected by the proposed changes.


6.4.2     "Significant Effects" include termination of employment, major changes in the composition, operation or size of CIC's workforce or in the skills required; the elimination or diminution of job opportunities or job tenure; the alteration of hours of work; the need for training or transfer of employees to other work or locations and the restructuring of jobs, provided that, where this Award makes provision for alteration of any of the matters referred to herein, they shall be deemed not to have significant effect.


6.5        Discussion of Change


6.5.1     CIC shall discuss with the employees affected and their representative the introduction of the changes, as referred to in paragraph 6.4.2 above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees.


6.5.2     The discussions shall commence as early as practicable after a definite decision has been made by CIC to make the changes.


6.5.3     For the purpose of such discussion, CIC shall provide in writing to all the employees concerned all relevant information about the changes including the nature of the changes proposed and the expected effects of the changes on employees and any other matters likely to affect employees, provided that CIC shall not be required to disclose confidential information, the disclosure of which would be detrimental to CIC's interest.


6.6        Transfer to Lower Paid Duties


Where an employee is transferred to lower-paid duties for reasons set out in subclause 6.4 hereof, the employee shall be entitled to the same period of notice of transfer as he or she would have been entitled to if his or her employment had been terminated, and CIC may, at its option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.  Further, an employee compulsorily transferred to lower paid duties in accordance with this clause shall have income maintenance for a period of 12 months from the date of transfer.  To avoid doubt, "income maintenance" means the employee transferred will continue to receive the base salary of the position the employee occupied immediately prior to the transfer.  After 12 months, the employee shall be paid the salary applicable to the lower duty.


6.7        Voluntary Redundancy


6.7.1     Where an offer of voluntary redundancy is made to an employee and this offer is accepted in 14 days, a severance payment will be made at the rate of three weeks per year of continuous service with a maximum of 39 weeks, with pro rata payments for incomplete years of service to be on a quarterly basis.


6.7.2     In addition, if employment ceases on the date nominated by CIC, the following additional payments will be offered:              less than one year's service: two weeks' pay              one year but less than two years' service: four weeks' pay              two years' and less than three years' service: six weeks' pay              three years' or more service: eight weeks' pay.


6.7.3     The payments made under paragraphs 6.7.1 and 6.7.2 are the total redundancy payments available to an employee in a voluntary redundancy circumstance.  The provisions of subclause 6.11 do not apply if the employee has entitlements under this subclause.


6.8        Expenses Payment for Voluntary Redundancies


Where an employee has taken voluntary redundancy, CIC will make available a one-off payment of $4,000.00 to help met job search costs that the redundant employee may face.


6.9        Discussions before Position made Redundant


6.9.1     Where CIC considers that it no longer requires the position the employee has been doing, and this is not due to the ordinary and customary turnover of the business and that decision may lead to termination of employment, CIC shall hold discussions with the employees directly affected and their Union.


6.9.2     The discussions shall take place as soon as is practicable after CIC has become reasonably aware of the possible change and will advise employees of the reasons for the possible terminations of employment, measures to avoid or minimise terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.


6.9.3     For the purpose of the discussion, CIC shall, as soon as practicable, provide in writing to the employees concerned and the Consultative Committee all relevant information about the possible terminations of employment, including the reasons for the possible terminations, the number and type of employees likely to be affected, the number of employees normally employed and the period over which the terminations are likely to be carried out.  Provided that CIC shall not be required to disclose confidential information, the disclosure of which would be contrary to CIC's commercial interests.


6.9.4     CIC and the Consultative Committee shall discuss fully the opportunities available for re-training, re-skilling and re-deployment to maintain existing employment where possible.


6.10      Notice of Termination


6.10.1               In order to terminate the employment of an employee CIC shall give to the employee the following notice:


Period of Continuous Service

Period of Notice

1 year or less

1 week

1 year and up to the completion of 3 years

2 weeks

3 years and up to the completion of 5 years

3 weeks

5 years and over

4 weeks


6.10.2               In addition to the notice in paragraph 6.10.1, employees over 45 years of age at the time of the giving of the notice with not less than two years' continuous service shall be entitled to an additional week's notice.


6.10.3               Payment in lieu of the notice prescribed in paragraph 6.10.1 shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.


6.10.4               In calculating any payment in lieu of notice, the wages of an employee would have received in respect of the ordinary time he or she would have worked during the period of notice, had his or her employment not been terminated, shall be used.


6.10.5               The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, or, in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specific task or tasks.


6.10.6               For the purposes of this clause, continuity of service shall be calculated in the manner in which continuous service is calculated for the purposes of annual leave.


6.10.7               The notice of termination required to be given by an employee shall be the same as that required of CIC, save and except that there shall be no additional notice based on the age of the employee concerned.


6.10.8               If an employee fails to give notice, CIC shall have the right to withhold moneys due to the employee, with a maximum amount equal to the ordinary time rate of pay for the period of notice.


6.10.9               CIC shall, on the request of an employee whose employment has been terminated, provide to the employee a written statement specifying the period of his or her employment and the classification of or type of work performed by the employee.


6.11      Severance Pay


In addition to any period of notice prescribed for ordinary termination in this Award, and subject to further order of the Commission, an employee whose employment is terminated for reasons of compulsory redundancy (that is, in circumstances other than voluntary redundancy as provided for in subclause 6.7) shall be entitled to the following minimum amount of severance pay in respect of a continuous period of service:


Period of Continuous Service

Employee under 45 Years of Age

One year or less


One year but less than two years

4 weeks' pay

Two years but less than three years

7 weeks' pay

Three years but less than four years

10 weeks' pay

Four years but less than five years

12 weeks' pay

Five years but less than six years

14 weeks' pay

Six years and more

16 weeks' pay


Period of Continuous Service

Employee 45 Years of Age or More

One year or less


One year but less than two years

5 weeks' pay

Two years but less than three years

8.75 weeks' pay

Three years but less than four years

12.5 weeks' pay

Four years but less than five years

15 weeks' pay

Five years but less than six years

17.5 weeks' pay

Six years and more

20 weeks' pay


For the purposes of this subclause, "weeks pay" means the ordinary rate of pay at the time the termination of employment occurs (e.g. 38 hours for a full-time weekly employee).


6.12      Time Off during Notice Period


6.12.1               During the period of notice of termination given by CIC, an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.


6.12.2               If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of CIC, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent.  For this purpose a statutory declaration will be sufficient.


6.13      Alternative Employment and Incapacity to Pay


6.13.1               CIC, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if CIC obtains acceptable alternative employment for an employee.


6.13.2               CIC, in a particular circumstance, may apply to the Commission to have the severance pay prescription varied on the basis of CIC's incapacity to pay.


6.14      Transmission of Business


Where the business is, before or after the date of this Award, transmitted from CIC (in this subclause called "the Transmittor") to another employer (in this subclause called "the Transmittee") and an employee who, at the time of such transmission, was an employee of the transmittor in that business becomes an employee of the transmittee, then:


6.14.1               The continuity of the employment of the employees shall be deemed not to have been broken by reason of such transmission; and


6.14.2               The period of employment that the employee has had with the transmittor shall be deemed to be service of the employee with the transmittee.


6.15      Employees Exempted


This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, or, in the case of casual employees, apprentices, probationary employees or employees engaged for a specific task or tasks.  It does not apply to employees retiring.  It does not apply to employees working for CIC who are not covered by this Award.


7.  Award to be Displayed


This Award will be displayed at CIC principal place of business and all depots operated by CIC.  Individual copies will be made available on request to any employees covered by this Award.


8.  Joint Consultative Committee


8.1        The Consultative Committee will be established to be an integral part of the organisation of work of CIC.  For this reason it is imperative that members of the Committee act positively to resolve matters of mutual interest and that they carry out their duties in a responsible and timely manner.


8.2        On the operation of this Award, the Committee will meet to determine regularity of future meetings and representation.


8.3        The Committee shall have four annually elected employee representatives and two management representatives (one representative elected from the maintenance staff, one representative elected from the professional staff, one representative elected from the office staff and one other elected from the field staff).


8.4        Both management and employee representatives to the Committee shall be able to co-opt any person they believe may assist the Committee in deciding a matter.  Those people who have been asked to assist the Committee shall not have voting rights and shall be limited to speak on the issue(s) for which they have been expressly invited.


9.  Definitions


"Coleambally Irrigation Cooperative Limited" - the employer, referred to in this Award as "CIC".


"CIC" means the employer, the employer's nominee, representative and can mean a manager, a works supervisor or other person nominated by the Chief Executive Officer to represent the employer.


"The Award" - the Coleambally Irrigation Consent Award 2007.


"Chief Executive Officer" - the Chief Executive of CIC or the authorised person acting in the position.


"Traumatic illness or injury" - injury/illness disabling the employee from work.


"Accredited official of the Union" - an official of a union which is party to this Award who has members working for CIC.


"CIC's Premises" means the property or properties owned, leased or controlled by CIC.


"Extreme Seasonal Variation" - seasonal conditions having significant effect on the income and/or operations of the business through extremes of rainfall, drought, flooding or other factor clearly beyond the control of CIC.


"Fraudulent claims" - dishonest or deceptive claims relating to any claim(s) made for leave, etc., where the eligibility for the claim(s) has not been met.


"Consultative Committee" - a committee formed representing management and employees to assist in the resolution of disputes, the implementation of workplace arrangements and to enhance productivity and the workplace environment.


"Salary" means the ordinary time rate of pay for the employee concerned.


"Engagement", for the purposes of clause 17, Casual Employment, shall be deemed to be the period(s) for which CIC notified the employee that he or she is so required to attend on any one day.


"Traineeship" is a system comprising structured on-the-job training and may include off-the-job training in a recognised and relevant training institution.


"Act" means the New South Wales Industrial Relations Act 1996.


"Commission" means the Industrial Relations Commission of New South Wales.


"Union" means either or both of The Australian Workers' Union and the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales, as the context determines.


Part B




10.  Skills and Classifications


10.1      Skills and Classifications


Classifications or skill levels shall relate to the responsibilities, skills and range of tasks performed by the employee.  The classification structure incorporated in Schedule A to this Award recognises that CIC is one entity and the structure includes the various tasks and responsibilities of both 'indoor' and 'outdoor' staff as part of the recognition of the one-entity focus.  Each level recognises the differences in core tasks and skills between these two traditional areas of the workplace.


10.2      Review of Skills, Responsibilities and Performance


The parties agree that reviews of the skills, responsibilities, performance and classifications may be conducted by the parties from time to time.  Should an employee not agree with the outcome of such a review or the employee considers that there are grounds for a review, appeals based on skills, responsibility and flexibility shall in the first instance be by representation to the Chief Executive Officer at any time.


10.3      Careers and Multi-Skilling


10.3.1               In accordance with the provisions of this Award, employees shall be required to perform a variety of tasks associated with the responsibilities, customer services and the efficient delivery of services of CIC.


10.3.2               The skills structure determines career path options for employees and staff training shall be directed at ensuring reasonable opportunity and access to better paid and more fulfilling jobs for employees.


10.3.3               Employees duties shall focus on the efficient delivery of services to customers, but employees shall not be restricted from involvement (at the level of their ability) in tasks other than their usual duties as determined by CIC provided they have appropriate skills and qualifications.


10.3.4               The parties commit themselves to the following principals:            acceptance that the work of individuals will be more broadly based and generic in nature, incorporating the ability for an employee to perform a wider range of duties which are incidental or peripheral to their main task or function.            subject to agreement by management, employees will undertake training for the wider range and higher level duties.  This will lead to access of higher pay when performing those more skilled jobs.            the parties will not create barriers to advancement of employees within the skills structure or through access to training.            co-operation in the transition from the old structure to the new structure in an orderly manner without creating false expectations or disputation.


10.4      An employee who is required to relieve another employee who is on leave, where the relief period is for five or more consecutive working days, shall be paid an additional allowance for the period relating to these relieving duties.  The additional allowance, which will be added to the annual salary, will be a minimum of one additional salary point, or such other greater amount determined by the CEO.  The additional allowance will not apply to specific work tasks, training or working under direct supervision, or new work activities within the employee’s current skill/competency level.  It shall only be paid where an employee relieves in another position and takes on the duties and responsibilities of the relieved employee.


11.  Spare






12.  Salaries


12.1      This Award provides salary remuneration in the form of an annualised amount, paid in accordance with clause 31, Payment of Wages, which is all inclusive.  It shall be paid according to the Skill Level as outlined in Schedule A to this Award.  The remuneration is in consideration of base rate salary; industry allowances and the like, shift rates, training incentives and rewards, special working conditions allowances, hardship payments and all other matters relating to the performance of work.


12.2      Attached to each skill level, there is a minimum annual salary and a maximum annual salary, designed to recognise differences in skill and responsibility which may occur due to employees achieving different standards or groups of skills within the level at different times.  For example, within Level One, a new employee without any previous relevant experience should expect to receive the minimum rate prescribed for Level One.  An employee who has completed induction and has commenced performing specific tasks should expect to receive a rate higher than the minimum for Level One.


12.3      Annual salary ranges are as follows:


12.3.1               Level One


$30,894 pa to $38,894.00 pa


12.3.2               Level Two


$39,414.00 pa to $48,894.00 pa


12.3.3               Level Three


$48,063.00 pa to $57,251.00 pa


12.3.4               Level Four


$57,252.00 pa to $67,551.00 pa


12.3.5               Level Five


$67,552.00 pa to $83,266.00 pa


12.4      Salary Sacrifice


Opportunities for employee initiated salary sacrifice for superannuation and other benefits are available within the scope of this Award.


12.5      Salary Increases


12.5.1               The salaries provided under this Award have been calculated to take into account adjustments payable under the State Wage Case 2000, the State Wage Case 2001, the State Wage Case 2002, the State Wage Case 2003, the State Wage Case 2004, the State Wage Case 2005, the State Wage 2006 and the State Wage Case 2007.  These adjustments may be offset against any equivalent over-award payments and/or award wage increases since 29 May 1991, other than safety net, State Wage Case, and minimum rates adjustments.


12.5.2               The actual travel allowances, plant allowance, dead animal removal allowances and wet weather allowances paid to AWU employees during the previous 12 months will be added to each employee's annual salary to calculate the base salary starting point for this Award.


13.  Allowances Ex Salary


13.1      Expenses Incurred by Employees in the Conduct of their Duties


13.1.1               All reasonable expenses incurred by staff in the carrying out of the work of CIC, other than those normally incurred by an employee, shall be reimbursed within seven working days of submission of invoice.  Allowance in advance for significant costs will be available but must be approved by the Company Secretary.


13.1.2               Such reasonable expenses may include necessary materials, tools, accommodation and reasonable meals that can be demonstrated as essential for the work.


13.1.3               Where employees are required to be accommodated overnight in the course of their work away from their normal location, the general standard of accommodation should be three star, provided that the level of accommodation is available and further provided that prior approval is granted for that travel and accommodation.


13.2      Allowances in Addition to the Salary Rate


13.2.1               Generally current allowances will not apply in this Award; however, a skill-based allowance specifically for the use of sprays and chemicals of $10.52 per day (or part thereof) will be paid while the employee is employed in a spray crew.


13.2.2               First-aid allowance of $2.00 per day shall apply to one member who holds a current first-aid certificate in each work crew.


13.2.3               Each employee will be given a statement of accrued non salary benefits for annual leave, sick leave and long service leave benefits prior to signing this Award.  All existing accrued benefits will be shown on this statement.  CIC agree to carry these benefits as an accrued liability for the term of this Award unless the benefits is used or paid to the employee.


14.  Performance Appraisal and Rewards


14.1      Where an individual or workplace group performance warrants, the Chief Executive Officer may approve rewards outside salary for individual or workplace group performance.  Such rewards will require justification in line with audit procedures.


14.2      It is CIC's intention to develop a salary remuneration system more dependent on performance, that is, a system based on Staff Performance, Evaluation and Development (CEDEPS).  CIC's intention is to progressively introduce such a system following consultation with the Consultative Committee.


14.3      Staff employed in professional capacity will have access to a professional career path salary package that recognises both increasing levels of skill and performance.  Prior to entering into this Award, the salary career path will be discussed and documented by each professional employee and their relevant supervisor.  The annual attainment of professional salary increments will be determined by performance evaluation.


14.4      The CEDEPS system will be developed over the period of this agreement to replace the salary scales with a system based upon the annual salary.






15.  Ordinary Hours


15.1      General


15.1.1               In recognition of the particular circumstances which apply to the cost-effective delivery of water to irrigators, maximum flexibility of working days and times is essential.  Consequently, work patterns, whether on a daily, weekly or seasonal basis, shall, as far as practicable, be tailored to the needs of customers.  Generally, only employees involved in water distribution will be expected to work outside weekdays; however, some circumstances may involve other staff in weekend work.


15.1.2               When employees who are not rostered as part of normal working arrangements are required to work Saturdays, Sundays or public holidays, the hours worked will be paid as overtime.


15.2      Basis for Ordinary Hours


15.2.1               The basic unit of determining time worked shall be an average 38-hour week, including authorised paid absences.


15.2.2               In some instances, tasks rather than hours will be an important job feature.  In the case of all scheduled maintenance, construction, distribution and administration work, an employee will receive five working days' notice of proposed alterations to normal hours.


15.2.3               The roster associated with water distribution shall be based on a 38-hour week using an annualised hours concept.  There will be no impediment to employees and supervisors agreeing to work greater than or less than nine consecutive days, subject to the employee being able to perform those duties in a safe manner.  The actual initial roster will be based upon a 9:4 - 9:5 rotation; however, the roster and number of divisions shall be flexible to allow both CIC and the employees to establish the required level of service to all customers and to provide leisure alternatives to the employees.  Where a dispute arises in respect of this subclause, the 9:4 - 9:5 roster and the current number of divisions will be retained while the dispute is settled.


15.2.4               An employee with the consent of their supervisor can vary the daily hours of work, providing a total of 160 hours are worked over a four-week cycle.  The supervisor may stipulate core hours on a daily basis during which the employee must be available to perform their work duties.  Such agreement shall be reviewed between the supervisor and the employee concerned on a month by month basis.  (As explanation, this means one RDO can be accrued or taken per four-week cycle.  This is not in addition to banked hours.)


15.3      Start and Finish Times


Actual starting and finishing times of individuals shall be determined by references to their particular work area and work loads, both geographically and on a divisional basis.  Normally, ordinary hours are to be worked between 6.00 am and 6.00 pm.  A minimum 10-hour break between the completion of one day's work and commencement of another shall be taken or overtime to be paid until the break is achieved.


15.4      Working Patterns and Disputes


In the implementation of working hours, the significant determinant is the cost effective and safe delivery of services; however, all reasonable effort should be made to accommodate individual employee's needs.  Wherever possible, hours should be constructed to allow maximum access to meaningful leisure time periods.  Any dispute in relation to work patterns shall be resolved using the disputes-settling procedure in this Award.


16.  Call Out


16.1      An employee recalled to work after leaving CIC's premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work for each time the employee is so called.  Provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job the employee is recalled to perform is completed within a shorter period.


16.2      The minimum of three hours shall not apply and payment will be for the time actually worked where:


16.2.1               The employee resides on, or adjacent to, the premises; and/or


16.2.2               The employee returns to the place of work on a customary basis for a specific task or tasks.


16.3      This provision shall not apply to water distribution employees, provided that, if such an employee has completed their normal daily work cycle and is then required to attend to work duties within the same 24-hour period, the time spent in travelling to and from their residence and the workplace shall be paid time.


17.  Casual Employment


17.1      Casuals will generally be employed where sufficient numbers of appropriately skilled personnel cannot be secured on a regular and ongoing basis by CIC.


17.2      Casuals shall be paid per hour an additional 20% loading according to the skill level they perform, and in most cases at the mid-point of the salary range attaching to the level.


17.3      Minimum engagement for casuals shall be three hours, provided that a shorter period may be negotiated to suit a particular circumstance.


17.4      Subject to subclause 17.3, a casual employee's engagement may be terminated on an hour’s notice.


18.  Part-Time Employment


Where an employee is engaged on a part-time basis (and not on a casual basis), benefits outlined in the Award will apply on a pro rata basis.


19.  Overtime


19.1      Overtime rates in excess of ordinary rates shall apply under this Award.  All work in excess of the normal work cycle will be paid at the hourly rate determined by each employee's annual salary.  Approved work in excess of the normal work cycle will be paid at time and one half for the first two hours and then double time thereafter.  Overtime worked solely on Sundays shall attract double time from the commencement of the overtime.  Overtime worked on public holidays, for non-rostered staff, will be paid at double time and one half.  To avoid doubt, this means one and a half times in addition to the normal day's pay.


19.2      Work in excess of the normal work cycle shall not be paid under this Award unless prior approval for the overtime to be worked is obtained from the relevant supervisor.


19.3      Reasonable Overtime


19.3.1               Subject to paragraph 19.3.2, CIC may require an employee to work reasonable overtime at overtime rates.


19.3.2               An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.


19.3.3               For the purposes of paragraph 19.3.2, what is unreasonable or otherwise will be determined having regard to:            any risk to employee health and safety;            the employee's personal circumstances, including any family and carer responsibilities;            the needs of CIC;            the notice (if any) given by CIC of the overtime and by the employee of his or her intention to refuse it; and            any other relevant matter.


19.4      CIC and an employee may agree to adopt flexible approaches to working overtime provided it meets the criteria of maintaining the average of 38-hour week ordinary hours.  One such arrangement is detailed in paragraph 15.2.4 herein.  To avoid doubt, this means time off in lieu of overtime is available where the ordinary time is averaged over a longer period than one week, where the following requirements are met.


19.4.1               By agreement between CIC and the employee, leave in lieu may be taken for any overtime worked.


19.4.2               CIC will keep a record of all overtime performed for each employee and this record shall be referred to as the ‘Hours Bank’.


19.4.3               CIC shall advise each employee of the amount of accrued overtime in their individual Hours Bank once every month.


19.4.4               Where CIC and an employee have agreed to leave in lieu of overtime, the maximum accrual shall be 12 days per annum.  This is to be taken either as one day off a month or else in conjunction with annual leave, or any other manner as agreed to between CIC and the employee concerned.


19.4.5               Overtime shall be credited to the Hours Bank on the basis of one hour worked equals one hour of credit in the bank.


20.  Meals and Rest Breaks


20.1      Employees shall be entitled to a meal break each work day of not less than half an hour, which time shall not be paid for.  No employee shall be required to work more than five hours without a break for a meal.  Where a second meal break is required, such break shall be for duration of 30 minutes and shall not be paid for.  Other rest breaks should be taken at times both convenient to colleagues and to customers and are not fixed.  CIC expects common sense to prevail and reserves the right to implement set times if evidence of abuse exists.


20.2      CIC and an employee(s) may agree to any variation of this clause to meet the circumstances of the work in hand.  For example, employees may take a 20-minute paid break once during a full normal working day, or split that into two 10-minute breaks.


20.3      This clause shall not apply to any employee whose scheduled work in any 24-hour period is four hours or less.






21.  Annual Leave


21.1      Annual leave shall be due annually to employees on the basis of 20 working days per year (accruing at the rate of 2.923 hours per week).


21.2      Annual leave shall not be accrued beyond 40 working days unless mutually agreed between CIC and the employee.


21.3      The taking of annual leave shall be subject to the following:


21.3.1               All such leave, whether ordinary or accumulated, shall be taken only at such times as CIC, for operational purposes, shall deem convenient and, in the absence of agreement on the taking of leave, it shall be taken at a time determined by CIC, provided CIC shall, however, endeavour to comply with the needs of the employees;


21.3.2               After the completion of the first year of service, annual leave shall accrue from month to month and leave so accrued or any portion thereof may be granted to an employee by CIC at such time as the latter deems convenient; and


21.3.3               Annual leave shall accrue to employees in respect of any authorised period of paid absence from duty.


21.3.4               The rate of pay used to determine annual leave payments shall be that rate of pay which applies when the leave is taken.


21.4      All water distribution employees who work a roster shall be entitled to five additional days' leave per annum which shall accrue annually if not taken.


22.  Annual Leave Loading


Leave loading shall not apply as a separate payment and has been included in the annualised salaries applicable under this Award.  This inclusion in annual salary was calculated at a rate of 17.5% of four weeks' annual salary.


23.  Short Term Illness/Injury


23.1      Entitlement


23.1.1               From the date of certification of this agreement, all qualifying employees will be entitled to accrue short-term illness/injury leave ("STI").  STI leave is unlimited subject to this clause.


23.1.2               This leave will only be available to be taken according to the provisions of this clause.


23.2      Payment


23.2.1               This leave shall be paid when the conditions detailed in subclause 23.3 are met.


23.2.2               Payment shall be made to the affected employee on the same basis as if the employee was working normally.


23.2.3               The rate of pay for employees taking this leave shall be at the rate of 100% of the ordinary time earnings that the employee was receiving when the employee proceeded onto this leave.


23.2.4               The taking of this leave shall not affect the continuity of service but does not count for leave accruals.


23.3      Conditions for the Taking of STI Leave


23.3.1               STI leave can only be taken when an employee is either injured through an accident or an illness outside of the working environment and the employee qualifies by the employee's sick leave entitlements having accrued to a minimum of 100 days.


23.3.2               The employee must prove to the satisfaction of the Company that the illness or injury that he/she is suffering from is not permanent in nature and that there is a reasonable likelihood that the employee will be able to return to their normal duties within three months.  In the context of this Award, "reasonable likelihood" means, where a single illness extends beyond three months, it shall not be considered to be eligible for STI unless the employee can demonstrate to the satisfaction of the CEO that the employee will be capable of returning to work within a maximum period of three months.


23.3.3               An application must be made to the Company as soon as practicable for the granting of STI leave.  This claim must include the following details:            Date from which the employee intends to claim STI leave.            A doctor’s certificate or other evidence that is satisfactory to the Company detailing the nature of the disability.            A medical report or similar that provides a timetable for the rehabilitation of the employee concerned.


23.3.4               Upon a successful application, the Company will make available the accrued STI leave.


23.3.5               Where access to STI leave is refused by CIC, the employee will have access to the employee's accrued sick leave.


24.  Sick Leave


24.1      Sick leave is for the sole purpose of providing income for employees unable to attend work through injury or illness and shall be allowed at 10 days (76 hours in the case of a full-time employee working 38 hours on average per week, pro rata in other cases) per year.  In the first six months of service with CIC, the entitlement shall accrue at the rate of one day for each completed month of service, with the balance of the year's entitlement being accruable at the completion of the second six months' service.  Unused sick leave will accrue indefinitely.


24.2      An employee (other than a casual employee) after one month's service with CIC, who is absent from work on account of the reasons in subclause 24.1, shall be entitled to leave with normal payment subject to the following conditions:


24.2.1               An employee shall not be entitled to be paid for any absence for any period for which the employee is entitled to worker's compensation;


24.2.2               The employee shall take all reasonable steps, prior to the commencement of such absence, to inform CIC of the employee's inability to attend for duty and shall state the nature of the illness/injury and the estimated duration of the absence; and


24.2.3               CIC may request that a claim for sick leave shall be supported by evidence satisfactory to CIC that the employee was unable to account of illness/injury to attend for duty on the day or days for which leave is claimed.


24.3      Where an employee is absent on sick leave for an extended period and/or management has good and sufficient reason to believe that the employee will be unable to return to work or is unable to undertake the duties of the position, CIC at its cost may direct the employee to undertake a medical examination by a duly qualified medical practitioner to determine the employee's fitness for work and whether the employee should be retired on medical grounds.


24.4      Fraudulent sick leave claims shall be grounds for disciplinary action.  Where CIC believes an employee is abusing sick leave benefits, the employee shall be notified in writing of a period of six months' probation.  Continued breaches within this period will be grounds for dismissal, provided that process shall not be commenced until after consultation with the Consultative Committee.


24.5      Each employee shall be credited with their accrued number of sick days as an available benefit; however, the use of it shall be subject to this clause and it shall only be taken as a sick leave benefit and not in any other form.


24.6      When an employee has accrued a total of 100 days' sick leave, the employee will from this date forward have access to STI leave.  From this date forward the employee's records will show the employee has paid leave entitlements provided for under the STI clause of this Award and the recording of sick leave entitlements will cease but be recorded as 100 days regardless of STI leave actually taken.


24.7      Sick leave will not accrue for any period in which STI leave is available to the employee.


25.  Long Service Leave


25.1      Employees who are employed prior to the operative date of this Award that, at the date the Award is made, accrue 11 days/year shall continue to accrue 11 days/year of service.  A list of employee names who shall benefit from this clause will be attached as Schedule C.


25.2      With respect to subclause 25.1, all other employees and employees engaged after the operative date of this Award shall accrue long service leave in accordance with the provisions of the Long Service Leave Act 1955.


26.  Bereavement Leave


An employee on weekly hiring shall, on the death of a person as described in section, be entitled to a maximum of three days' leave with pay on the occasion of each death.  An employee shall not be entitled to bereavement leave under this clause during a period of other leave.  Proof of entitlement shall be furnished by the employee to the satisfaction of CIC, if CIC so requests.


Bereavement entitlements for casual employees


(a)        Subject to the evidentiary and notice requirements in this clause 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 of clause 29, Discretionary, Family and Personal/Carer’s Leave.


(b)        The employer 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.


(c)        An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.


27.  Parental Leave


(1)        Refer to 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).


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


(a)        the employee or employee's spouse is pregnant; or


(b)        the employee is or has been immediately absent on parental leave.


The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.


(3)        Right to request


(a)        An employee entitled to parental leave may request the employer to allow the employee:


(i)         to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;


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


(iii)       to return from a period of parental leave on a part-time basis until the child reaches school age;


to assist the employee in reconciling work and parental responsibilities.


(b)        The employer 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 the employer's business.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.


(c)        Employee's request and the employer's decision to be in writing


The employee's request and the employer's decision made under 3(a)(ii) and 3(a)(iii) must be recorded in writing.


(d)        Request to return to work part-time


Where an employee wishes to make a request under 3(a)(iii), 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 parental leave.


(4)        Communication during parental leave


(a)        Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer 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 employee held before commencing parental leave.


(b)        The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee's decision regarding the duration of 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.


(c)        The employee shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with paragraph (a).


28.  Jury and Other Service


28.1      Jury Service


An employee required for jury service during his or her ordinary working hours shall be paid ordinary-time earnings but payments for Court attendance shall be paid directly to CIC.  An employee shall notify CIC as soon as possible of the date upon which he or she is required to attend for jury service.  Further, the employee shall give CIC proof of his or her attendance, the duration of such attendance and the amount received in respect of jury service.


28.2      Other Service


Employees nominating for other service, which may include voluntary service (S.E.S, Rural Fire Brigade, etc.) will be remunerated for approved absence from work.


29.  Discretionary, Family and Personal/Carer’s Leave


29.1      Discretionary Leave


From time to time as applicable the Chief Executive Officer may approve discretionary leave for reasons other than outlined in this Award.  Such leave may be granted on the basis of paid or unpaid leave.


29.2      Family Leave


The Chief Executive Officer may approve up to two days per annum as paid family leave.


29.3      Personal/Carer’s Leave


29.3.1               Use of Sick Leave            An employee, other than a casual employee, with responsibilities in relation to a class of person set out in who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 24, Sick Leave of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.            The employee shall, if required,


(1)        establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or


(2)        establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.


In normal circumstances, an employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.            The entitlement to use sick leave in accordance with this subclause is subject to:         the employee being responsible for the care of the person concerned; and         the person concerned being:


(a)        a spouse of the employee; or


(b)        a de facto spouse who, in relation to a person, is a person of the opposite sex to the first-mentioned person who lives with the first-mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or


(c)        child or an adult child (including an adopted child, a stepchild, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or


(d)        a same-sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or


(e)        a relative of the employee who is a member of the same household, where, for the purposes of this subparagraph:


1.          "relative" means a person related by blood, marriage or affinity;


2.          "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and


3.          "household" means a family group living in the same domestic dwelling.            An employee shall, wherever practicable, give the employer notice, prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.


Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.


Where the parties are unable to reach agreement the disputes procedure at clause 42, Grievance/Dispute Procedures, should be followed.


29.3.2               Unpaid Leave for Family Purpose


An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in who is ill or who requires care due to an unexpected emergency.


29.3.3               Annual Leave            An employee may elect, with the consent of the employer 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.            Access to annual leave, as prescribed in subparagraph, shall be exclusive of any shutdown period provided for elsewhere under this Award.            An employee may elect with the employer’s agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.


29.3.4               Time Off in Lieu of Payment for Overtime            For the purpose only of providing care and support for a person in accordance with paragraph 29.3.1 and, despite any contrary provisions this Award’s overtime provisions provide, the following shall apply:            An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.            Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is, an hour for each hour worked.            If, having elected to take time as leave in accordance with subparagraph, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.            Where no election is made in accordance with subparagraph, the employee shall be paid overtime rates in accordance with the Award.


29.3.5               Make-up Time


An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Award, at the ordinary rate of pay.


29.3.6               Rostered Days Off            An employee may elect, with the consent of the employer, to take a rostered day off at any time.            An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.            An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.


29.3.7               Personal Carers Entitlement for casual employees -


(1)        Subject to the evidentiary and notice requirements in and 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 of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.


(2)        The employer 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.


(3)        An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.


30.  Public Holidays


Public holidays, New Year's Day, Australia Day, Anzac Day, Good Friday, Easter Monday, Labour Day, Queen's Birthday, Christmas Day, Boxing Day, on the dates as gazetted from time to time by the NSW Government, shall be allowed without loss of pay.  Employees, not working a roster, who work on a public holiday, shall be entitled to overtime (as described in clause 19) or equivalent normal time off without loss of pay at later date.  One additional day, called Picnic Day, shall also be allowed without loss of pay.  This day is to be observed on the next normal working day after the date declared as the official close of the irrigation season.  CIC and employee(s) may agree to alter the actual days on which these public holidays are observed, including taking the days in conjunction with annual leave.






31.  Payment of Wages


31.1      Except on termination of employment, salaries shall be paid fortnightly.


31.2      Payday, once determined, cannot be changed without a minimum of one month's notice unless exceptional circumstances beyond CIC's control arise.


31.3      Salaries shall be paid by one of the following means:


31.3.1               Into a bank account held in the name of the employee.  Deposits to the employee's account at CIC's bank shall fulfil CIC's obligations to the employee.


31.3.2               Alternatively, with prior approval of CIC, a cheque can be collected from CIC offices or mailed to the employee's residential address.  Cheque collection shall occur outside normal hours.


31.4      CIC shall provide each employee every pay period and on the employee's last day of employment a statement of the employee's earnings for that period or part thereof as the case may be.  Provided that, where an employee is dismissed without notice, or an employee fails to give notice, abandons employment or otherwise ceases to be employed through no action of CIC, CIC shall not be obliged to pay any outstanding moneys until the next scheduled pay day.


32.  Travelling Between Sites


Where an employee, at the request of their supervisor, agrees to use their own vehicle for the carrying out of work for CIC (other than carriage to the normal place of work), reasonable cost per kilometre will be reimbursed.  Reasonable costs shall be the kilometre rate applied to Board members attending meetings.  The minimum rate payable under this clause shall be $0.52 per kilometre.


33.  Superannuation


33.1      CIC will provide superannuation in accordance with Federal superannuation guarantee legislation and an additional 2% employer contribution will be paid to all employees for the term of this Award according to the conditions laid down below and in clause 37, Employee Life Insurance.  All employees shall have their accrued superannuation paid to their nominated fund monthly.


33.2      Employees may nominate the approved fund into which they wish their contributions to be paid.  Such choice may be altered by the employee but not more often than annually.  Employees may contribute to superannuation in lieu of salary (within the guidelines of Federal superannuation legislation).


33.3      Employees currently members of the NSW Government SASS scheme, on the date local autonomy is achieved and, following review by an approved financial consultant, will be eligible for a top-up superannuation contribution prior to entering this Award.  The top-up payment will be determined by CIC following consultation with the employee and the financial consultant.


34.  Protective Clothing, Uniforms and Equipment


34.1      Appropriate safety wear will be provided (including boots, protective overalls, glasses, helmets).  This shall be replaced on a fair wear and tear basis.  Misuse or loss due to carelessness will not be grounds for replacement.  Employees will be required to care for their uniforms and other clothing issue and be expected to present for work in a neat and tidy manner.


34.2      UV protection will be provided for employees while engaged in outdoor work.


34.3      Uniform items supplied to maintenance and water distribution staff shall consist of:


34.3.1               five pairs of trousers; or five pairs of shorts; or five pairs of overalls


34.3.2               five long-sleeve shirts with logo; or five short-sleeve shirts with logo


34.3.3               two fleecy windcheaters with logo


34.3.4               one jacket with logo


34.3.5               one Boomerang crush hat with logo


34.4      Uniform items supplied to administration staff shall consist of:


34.4.1   three pairs of pants, five shirts, one vest, one jumper and one jacket for male staff


34.4.2   three skirts/pants, five blouses, one vest, one jumper and one jacket for female staff


34.5      All tools and equipment shall be provided by CIC for employees to perform the tasks detailed and implied in Schedule A.  Theft, wilful neglect or damage carelessness and misuse of any tools or equipment will be grounds for disciplinary action.


34.6      Employees designated by CIC to be available for contact after the normal work cycle, by customers or for call back, shall be entitled to reimbursement of telephone and fax costs.  Reimbursement shall be 50% of the applicable rental and the actual charges (100%) made for calls relating to actual work duties.


35.  Training


35.1      Apprentices


An apprentice's wage shall be calculated to the undermentioned percentage of the relevant trade rate as provided for in this Award:


Three Years Apprenticeship

Four Years Apprenticeship



in the first year


in the first year


in the second year


in the second year


in the third year


in the third year


in the fourth year



35.2      Traineeships


35.2.1               Notwithstanding anything elsewhere contained in this Award, CIC may employ trainees subject to the conditions contained in this clause.


35.2.2               Application and Objectives            Before this clause shall have effect on the employment of a trainee, CIC and a trainee must have entered into a training agreement under the provisions of the Industrial and Commercial Training Act 1989.            Trainees shall not displace existing full-time employees from employment.


35.2.3               Training Conditions


Trainees engaged under this clause shall attend the off-the-job training prescribed in the training agreement.  CIC shall ensure that the trainee is permitted to attend the off-the-job training course and provide appropriate supervision during on-the-job training.


35.2.4               Employment Conditions            The trainee shall be engaged or a period of 12 months as a full-time employee, provided that the trainee may be subject to a satisfactory probation period as outlined in this Award.            The trainee is permitted to be absent from work without loss of continuity of employment to attend the off-the-job training in accordance with the training agreement.            Where the employment of a trainee by CIC is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purpose of this Award and long service leave/entitlements.  Trainees shall be regarded as full-time employees.


35.2.5               Salary


For the purpose of achieving stability of income for a trainee over the traineeship period, the wage rate for a trainee shall be calculated on the following basis: rate for entry multiplied by percentage of time spent on-the-job.


35.3      The role of every employee in training other employees is agreed between the parties to this Award as essential and employees will be given training appropriate to their skill level.  The development of appropriate skills to move to a higher skill level within the career path structure is a necessary condition but not automatic means of gaining advancement within or to the next higher skill level.  A Training Charter established to identify the aims and procedures of implementing training within the workplace.


36.  Spare


37.  Employee Life Insurance


37.1      CIC will obtain on behalf of each employee engaged as at 21 June 2001 life insurance death cover with an annual premium value of $300.00.  This benefit will continue for the lifetime of this Award.


37.2      New employees engaged after 21 June 2001 may elect to receive life insurance in accordance with this clause.  Provided the premium value is funded by any excess between CIC’s contribution to superannuation in accordance with subclause 33.1 and the statutory requirement for superannuation contribution as detailed in Federal legislation from time to time.


38.  Contractor Award and Enterprise Agreement Conditions


CIC will require all construction and maintenance contractors to provide written proof that award or enterprise agreement conditions are currently paid to their employees.  CIC will make this proof available for inspection by a member of a Union who is party to this Award during normal business hours.  A Union member who is party to this Award will make a request in writing to see the information provided to CIC by construction and maintenance contractors.  CIC agree to make this information available for inspection at the Brolga Place office during normal business hours, 48 hours after the receipt of a written request.


39.  Anti-Discrimination


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


39.2      It follows that, in fulfilling their obligations under the dispute resolution procedure prescribed by this Award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.


39.3      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.


39.4      Nothing in this clause is to be taken to affect:


39.4.1               any conduct or act which is specifically exempted from anti-discrimination legislation;


39.4.2               offering or providing junior rates of pay to persons under 21 years of age;


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


39.4.4               a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.


39.5      This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.


40.  Confidentiality


The work carried out for CIC and the information developed and collated is the property of CIC and the employees shall respect the confidentiality of clients and CIC with regard to all information concerning the business.


41.  Stand Down


41.1      CIC has the right to deduct payment for any day an employee can not be usefully employed because of industrial action or through any stoppage of work for any cause for which the Company can not be reasonably held responsible and a stand-down situation has been notified by CIC to the Consultative Committee


41.2      Where a stand-down situation arises, all employees will be given the opportunity to access their available annual leave and/or long service leave entitlement prior to the employee being stood down.


41.3      Before CIC implement stand down provisions under this clause, CIC will fully investigate alternative options and these options will be communicated to the Consultative Committee for discussion.


42.  Grievance/Dispute Procedure


42.1      In the event of a dispute arising between CIC and employee(s), any matter which remains in dispute after it has been considered jointly by the appropriate supervisor and by the employee(s) concerned shall then by examined by the Chief Executive Officer or appointed deputy.


42.2      If the dispute remains unsettled, CIC's representative shall ensure that the matter is recorded in writing in pertinent detail, while the employee(s) may notify the Consultative Committee or their Union representative of the nature and details of the matter in dispute.


42.3      If the dispute thereafter remains unresolved, the question shall be discussed between the Chief Executive and the relevant representative, each of whom shall take all reasonable steps to settle the dispute.


42.4      If the dispute remains unsettled after the procedure specified in subclause 42.3 hereof has been concluded, the matter shall be notified to the Commission.


42.5      While the procedures herein are being followed, all work shall continue normally.


42.6      The ultimate terms of settlement of the dispute shall not be affected in any way, nor shall the rights of any person involved in the dispute be affected by or prejudiced by the fact that normal work has continued without interruption.


42.7      If the dispute concerns questions of safety, it shall immediately be referred to the Chief Executive Officer, the supervisor and Safety Committee which shall consider and resolve the matter forthwith.


43.  Health and Safety


43.1      Safety Equipment


Safety equipment provided by CIC will be utilised as directed by CIC.


43.2      Safety Procedures


Safety procedures shall be followed by all employees.  Failure to acknowledge and adhere to safety policies shall be grounds for dismissal.  Neglect of safety procedures that may lead to injury of other persons or employees shall be grounds for instant dismissal.


43.3      Employee's Duty


Notwithstanding CIC's responsibility, the employee has a duty:


43.3.1   to protect his/her own health and safety at work;


43.3.2   to avoid adversely affecting the health and safety of any other person or property through any act or omission at work; and


43.3.3   to report to CIC the use of medically prescribed drugs which may have an adverse effect on the employee's ability to work safely or normally.


43.4      An employee shall not, by the consumption of alcohol or a drug, be in such a state as to endanger his/her own safety at work or the safety of any other person at work.  An employee who appears to CIC to be under the influence of alcohol or drugs shall be advised that he/she is not to commence or continue work until examined by a medical practitioner or a registered nurse as soon as practicable to ascertain the employee's fitness for work and any costs associated with the examination shall be borne by CIC.  During this time the employee shall be stood down without pay; however, if the medical examination shows that the employee is not under the influence of drugs or alcohol, the employee shall be paid for the time lost.


43.5      First-aid Facilities


Suitable first-aid equipment in an hygienic container shall be available in each workplace/vehicle in a accessible place.  This equipment should be regularly inspected and replenished as necessary by CIC.


44.  Employment Records


44.1      Time, Salary Records and Inspection Rights


44.1.1               CIC shall keep, or cause to be kept, employment records in accordance with relevant legislation.  CIC shall enter, or cause to be entered, in such a correct record of the hours worked and the salaries (including superannuation) paid to each employee to whom this Award applies.  CIC shall, on the giving of reasonable notice, produce such record for inspection by an accredited Union official or Consultative Committee member approved by the employee and CIC for the sole purpose of investigating any breach or suspected breach of this Award.  Records will not be available on paydays.  The approval of the employee involved must also be provided.


44.1.2               If an employee's employment is terminated, CIC shall be required to hold records for that employee for three years after the employee's termination.


44.1.3               CIC shall keep sufficient record and detail of the employment relationship for the purpose of tracking accruals, use, etc., of annual leave, sick leave, long service leave and parental leave.


45.  Union Fee Deductions


45.1      CIC shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:


45.1.1               the employee has authorised CIC to make such deductions in accordance with paragraph 45.1.2 herein;


45.1.2               the Union shall advise CIC of the amount to be deducted for each pay period applying at CIC’s workplace and any changes to that amount;


45.1.3               deduction of Union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and


45.1.4               there shall be no requirement to make deductions for casual employees with less than two months' service (continuous or otherwise).


45.2      The employee's authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union rules) that the Union advises CIC to deduct.  Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to CIC without first obtaining the employee's consent to do so.  Such consent may form part of the written authorisation.


45.3      Moneys so deducted from employee's pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at CIC’s election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts, provided that:


45.3.1               where CIC has elected to remit on a weekly or fortnightly basis, CIC shall be entitled to retain up to five per cent of the monies deducted; and


45.3.2               where CIC has elected to remit on a monthly or quarterly basis, CIC shall be entitled to retain up to 2.5 per cent of the monies deducted.


45.4      Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.


45.5      The Union shall advise CIC of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year.  Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly or quarterly, as the case may be.  The Union shall give CIC a minimum of two months' notice of any such change.


45.6      An employee may at any time revoke in writing an authorisation to CIC to make payroll deductions of Union membership fees.


45.7      Where an employee who is a member of the Union and who has authorised CIC to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to CIC in order for payroll deductions of union membership fees to cease.


45.8      This clause shall take effect from the beginning of the first pay period to commence on or after 24 November 2003.


46.  Future Negotiation


The parties agree to commence discussions on future industrial regulation approximately three months prior to the nominal expiry of this Award.  Without limiting those discussions, the parties may discuss extending this Award or alternatively developing an enterprise agreement(s) to operate in conjunction with, or independently of, this Award.


47.  Joint Review of Conditions


47.1      It is the intention that during the period of this Award a Joint Review by CIC and the employees represented by the Consultative Committee of the operational requirements will be conducted.  This will enable, after consultation with the Consultative Committee, the implementation of employment conditions and pay ranges that may be more specific to the wider application of CIC's operations.  These will be based on CIC's unique customer focus service levels and its effective and efficient employment of staff.


47.2      The parties also agree that during the life of this Award CIC with the agreement of relevant employees and their Union representatives may trial new working arrangements to facilitate and accommodate the planned review of this Award.


47.3      Where such trials involve temporary variations to the terms of this Award, CIC will seek the prior agreement of the Unions whose members are involved which shall not be unreasonably withheld.


47.4      CIC and the Union(s) whose members are involved agree to progressively consolidate the outcome of all such trials prior to the planned review taking place.


48.  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.


Schedule A




Level One - Salary Range $30,894 pa to $38,894.00 pa


This level is intended to apply to an employee without formal qualifications, who works under supervision and generally has limited understanding of irrigation or business practices.  Indicative tasks an employee at this level may perform are as follows:




All office filing and general office duties.


Answering telephones and dealing with fax or other correspondence.


Collecting, opening and distributing the mail.


Maintaining the office and equipment in a clean and professional manner.


Basic keyboard and computer operations.


Routine deliveries.


Report writing and basic communication skills.


Water Distribution, Maintenance, Construction, Monitoring and Testing


General labouring including use of all motor vehicles, tractors and power driven equipment and tools.


Water measurement and control structure regulations and operation.


Dealing with customers, taking requests and handling minor complaints.


Basic keyboard and computer operations.


Water quality monitoring, sampling and testing.


Removal of weeds, debris, carcasses and floating obstructions in the canals, channels and drains.


Basic maintenance of the water distributions and drainage system, plant and vehicles, other machinery and equipment and infrastructure.


Basic knowledge of licences held by CIC, the water supply contract and other business agreements used to service customers.


Basic knowledge of water management.


Report writing and basic communication skills.


Level Two - Salary Range $39,414.00 pa to $48,894.00 pa


This level applies to employee who has satisfactorily completed appropriate training and includes employees who have completed specific training in the systems and procedures of CIC.  This level is intended to apply to an employee capable of working without immediate supervision, capable of directing an employee of a lower level during the performance of their duties.  Indicative tasks an employee at this level may perform, in addition to tasks at Level One, are as follows.




Handle all customer requests for services and information.


Perform reception duties, word processing, accounts payable/receivables.


Perform banking tasks and reconciliations.


Process transactions to the accounting system.


Administer purchasing procedures and records.


Assist all distribution and maintenance staff.


Complete routine tasks associated with the collection and interpretation of office information.


Water Distribution, Maintenance, Construction, Monitoring and Testing


Operate all plant and equipment.


Perform all water distribution, maintenance and monitoring work.


Respond to maintenance requests and perform basis wood and metal fabrication work.


Carry out water quality monitoring and testing procedures.


Control, monitor and record weeds.


Read and record water meter readings.


Liase with customers and contractors.


Perform routine computer tasks and operations.


Maintenance on and around the distribution system.


Report all defects requiring maintenance or construction.


Report any breeches of operating procedures by irrigators, customers or contractors.


Perform all end of season maintenance work.


Level Three - Salary Range $48,063.00 pa to $57,251.00 pa


This level applies to an employee capable of working alone or in a team, who has detailed experience and local knowledge of the CIA and associated systems and procedures.  This person is responsible for the quality of their own work.  The person would undertake a broader range of duties than employees at lower levels and is capable of directing employees at a lower level during the performance of their work.  Indicative tasks an employee at this level may perform, in addition to tasks included in Levels One and Two:




Complete all management records and reporting procedures.


Prepare water sales accounts and maintain accurate and complete records.


Maintain and monitor all management data.


Use, maintain and report on all business procedures.


Water Distribution, Maintenance, Construction, Monitoring and Testing


Interpretation of detailed instructions or objectives relating to water distribution, maintenance or monitoring.


Preparation of procedures or tasks for the direction of other employees.


Overseeing of all contractor activities.


Supervision of employees in the performance of their duties in accordance with this Award.


Preparation of reports and the proper recording of information.


Level Four - Salary Range $57,252.00 pa to $67,551.00 pa


This level applies to an employee capable of working alone, experienced in the implementation of management systems, responsible for the quality of their own work, who can provide on-the-job training and supervision of staff at lower levels, who undertakes a broader range of duties than employees at lower levels and is required to provide service consistent with the continuous operation of the whole business.  Indicative tasks an employee at this level may perform, in addition to tasks at Level One, are as follows.


Preparation of management and legislative business reports.


Compliance with license conditions and or professional standards.


Maintenance of all data and records.


Level Five - Salary Range $67,552.00 pa to $83,266.00 pa


This level applies to employee whose experience and knowledge enables the employee to co-ordinate work in a team environment, who can operate without supervision, capable of working from complex instructions/procedures and who provides job training an supervision at all levels.  Indicative tasks an employee at this level may perform, in addition to tasks at Levels One to Four, are as follows:


Supervision and operations of all activities associated with the daily function of the business.


Preparation of information and reports.


Interpretation of activities associated with licence compliance, LWMP implementation or Best Management Practices.


Schedule B




Salary points will include salaries within the point scale range to accommodate additional salary determinations made by the CEO, e.g. Salary Point 11 will include all salaries within the range $31,147.83 to $31,651.82


Salary Point

Lower Limit $

Upper Limit $


























































































































































































































































































































Schedule C


Employee List for Subclause 25.1


The following list of employees have more than 10 years service as of 15 February 1999.  Subclause 25.1 is applicable to the following people:


Employee Name

Engagement Date

Margaret Fletcher


Mark Byrnes


Eddie Carter


David Crump


John Curphey


Earnie Frean


Greg Heath


Eric Hutchinson


Dennis Jones


Steve Knight


Pat Mitchell


Charlie Warr


Ian Irvin


Lance Dunbar





J.D. STANTON, Commissioner






Printed by the authority of the Industrial Registrar.

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