Crown
Employees (Roads and Traffic Authority of New South Wales - Salaried Staff)
Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1692 of 2007)
Before Commissioner
Ritchie
|
3 March 2008
|
REVIEWED
AWARD
PART A
Clause No. Subject Matter
1. Definitions
2. Hours of
Duty
3. Overtime
4. Shift
Work
5. Increments
6. Allowances
7. Protective
Clothing
8. Conveyance
9. Leave
10. Additional
Conditions for Motor Registry and Telephone Customer Service Centre Staff
11. Additional
Conditions for DRIVES Help Desk Staff
12. Additional
Conditions for Traffic Operations Control Staff
13. Additional
Conditions for Work Support Officers
14. Grievance
Resolution and Dispute Settlement
15. Anti-Discrimination
16. Public
Holidays and Bank Holiday
17. Appeals in
Respect of Salary, Grade or Classification
18. Deduction
of Union Membership Fees
19. Secure
Employment
20. Area,
Incidence and Duration
PART B
Table A - Salaries
Table B - Rates - Allowances
Appendix A - Grievance Resolution Policy
1. Definitions
(1) "Authority"
or "RTA" shall mean the Roads and Traffic Authority Division of the
Government Service of New South Wales established under Chapter 1A of the Public
Sector Employment and Management Act 2002 (NSW).
(2) "Employee"
shall mean a person employed by the Authority under Section 4B(3) of the Public
Sector Employment and Management Act 2002 (NSW) and covered by this award.
(3) "Association"
shall mean the Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales.
2. Hours of Duty
This clause does not apply to employees who are subject to
the following clauses:
Clause 10 - Additional Conditions for Motor Registry
and Telephone Customer Service Centre Staff
Clause 11 - Additional Conditions for DRIVES Help Desk
Staff
Clause 12 - Additional Conditions for Traffic
Operations Control Staff
Clause 13 - Additional Conditions for Work Support
Officers
(1) The ordinary
hours of duty to be observed shall be from 8.30am to 4.30pm on five days per
week. Monday to Friday inclusive. The approved lunch break shall be taken
between noon and 2.00pm daily.
Provided that:
(a) By agreement
with the Association in respect of employees the same number of hours daily may
be worked at any time between 7.00am and 5.30pm.
(b) Employees, so
directed, shall work the hours normally worked by employees on field works as
provided for in subclause (5) of clause 3, Overtime.
(c) The hours of
duty to be observed by employees engaged on shift work in Head Office shall be
as prescribed in clause 4, Shift Work.
(d) Where it has
been the practice to work a lesser number of hours by particular
classifications of employees, that practice shall continue.
(2) Where approval
has been given for employees to observe flexible working hours, the "House
Rules" promulgated by the Authority from time to time shall apply.
Generally, the hours of duty to be observed by
employees are:
(a) Bandwidth 7.30
am to 5.30 pm unless otherwise approved.
(b) Core time 9.30
am to 3.30 pm.
(c) Lunch break to
be taken between noon and 2.00 pm.
(d) Contract hours
in each four-week settlement period will be 140 hours.
(3) The hours of
duty to be observed by employees engaged on shift work shall be as prescribed
in clause 4, Shift Work.
(4) Works
Supervisors and Surveillance Officers who work on their normal accrued day off
shall be entitled to claim overtime at Saturday rates (that is, time and
one-half for the first two hours and double time rates thereafter) for the
hours worked. In addition, Works Supervisors and Surveillance Officers shall be
entitled to an alternative paid day off in the next four-week cycle. Provided
that agreement is reached between the employee(s) concerned and local
management, up to four ADOs may be accumulated in keeping with recent changes
to award conditions concerning ADOs for wages employees generally.
(5)
(a) The ordinary
working hours of Toll Control Clerks, Supervisors and Traffic Supervisors shall
be 38 per week and shall be worked as a 20-day four-week cycle with 19 working
days of eight hours each in accordance with rosters, with 0.4 of one hour each
day worked accruing as an entitlement to take, in each cycle, an accrued day
off.
The accrued day off is to be subject to management
prerogative to best suit the working needs of the organisation. Provided the
accrued day off is to be taken between Monday and Friday (inclusive) during the
day shift.
The ordinary working hours of employees shall not
exceed eight per day to be worked in a maximum of ten shifts per fortnight;
provided that not more than six consecutive shifts shall be worked in eight
consecutive days. A shift may be worked
on any day of the week, including Sunday, during any period of twenty-four
hours. The times between which the
ordinary hours may be worked may be altered by agreement between the Authority
or its representative and the Association.
(b) Where the
agreed accrued day off prescribed by paragraph (a) of this subclause, falls on
a public holiday the next working day on which the employee is normally
rostered for duty shall be taken in lieu of the accrued day off unless an
alternative day in that four-week cycle or the next four-week cycle is agreed between
the Authority or its representative and the employee.
(c)
(i) Each day of
paid, sick or recreation leave taken and any public holidays occurring during
any cycle of four weeks shall be regarded as a day worked for accrual purposes.
(ii) Where an
employee is ill or incapacitated on the accrued day off, the employee shall not
be entitled to payment of sick leave on that day nor shall the employee's sick
leave entitlement be reduced as a result of such illness or incapacity.
(d) An employee
who has not worked, or is not regarded by reason of paragraph (c) of this
subclause as having worked a complete four-week cycle shall receive pro rata
accrued entitlements for each day worked (or each fraction of a day worked) or
regarded as having been worked in such cycle, on the accrued day off, or in the
case of termination of employment, on termination.
(e)
(i) The accrued
day off prescribed in paragraphs (a) and (b) of this subclause shall be taken
as a day off provided that the day may be worked where that is required by the
Authority or its representative and circumstances, in which case in addition to
accrued entitlements the employee shall be paid at the rate of time and
one-half for the first two hours and double time thereafter: or
(ii) Where agreement
is reached between the Authority or its representative and an employee, that
employee may accumulate up to a maximum of four accrued days off before they
are taken as days off and, when taken, those days shall be regarded as days
worked for accrual purposes. When such
agreement has been reached under the terms of this paragraph, an employee is
not entitled to be paid at the rate as specified in subparagraph (i) of this
paragraph.
(iii) Where an
employee works on the accrued day off in accordance with subparagraph (i) of
this paragraph, the employee may elect to have another day off in substitution
therefore before the end of the succeeding work cycle, provided that such day
off is subject to management prerogative to best suit the working needs of the
organisation and that in such cases the accrued entitlements are transferred to
the substituted day off.
(f) The
conditions contained in paragraphs (b) to (e) of this subclause shall also
apply to shift workers by substituting the word "shift" for
"day" in each case.
3. Overtime
This clause applies to employees subject to the conditions
contained in the following clauses:
Clause 10 - Additional Conditions for Motor Registry
and Telephone Customer Service Centre Staff
Clause 11 - Additional Conditions for DRIVES Help Desk
Staff
Clause 12 - Additional Conditions for Traffic
Operations Control Staff
Clause 13 - Additional Conditions for Work Support
Officers
(1)
(a) Overtime shall
mean all time worked before or after the hours of duty provided under subclause
(1) of clause 2, Hours of Duty, whether worked by direction of the Authority or
a responsible employee acting on behalf of the Authority in the performance of
work which, from its character or from special circumstances, cannot be
performed during the ordinary working hours of the office to which the employee
is attached, or of the work on which
they are engaged.
Provided that for employees observing flexible working
hours, payment of overtime will be made only for approved work performed outside
the bandwidth.
(b) The Authority
may require an employee to work reasonable overtime at overtime rates. An employee may refuse to work overtime in
circumstances where the working of overtime would result in the employee
working hours which are unreasonable. For the purposes of this paragraph what
is unreasonable or otherwise will be determined having regard to:
(i) any risk to
the employee’s health and safety;
(ii) the
employee’s personal circumstances including any family and carer
responsibilities
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the Authority regarding the working of overtime, and by the
employee of their intention to refuse the working of overtime; or
(v) any other
relevant matter.
(2) Except as provided
in clause 4, Shift Work, payment for overtime to employees shall be made the
following rates:
(a) For all time
worked before the usual commencing time and after the usual ceasing time,
Monday to Friday, at the rate of time and one-half for the first two hours and
double time thereafter until relieved from duty.
(b) For all time
worked on Saturdays, at the rate of time and one-half for the first two hours
and double time thereafter.
(c) For all time
worked on Sundays, at double ordinary rates.
(d) For all time
worked on public holidays at the rate of double time and one-half.
(e) An employee
who works overtime on a Saturday, Sunday or public holiday shall be paid a
minimum payment for three hours work at the appropriate overtime rates.
(f) An employee
who is called out for emergency duty other than on days provided in paragraph
(e) of this subclause, shall be paid a minimum payment of three hours work at
overtime rates, provided that the hours paid for do not overlap with the
employee's normal hours of duty.
Provided that:
(i) Overtime
rates shall not be paid for periods of less than one quarter of an hour.
(ii) Where a
working period extends beyond 2.00pm on Saturdays, Sundays or public holidays,
or for one and one-half hours after the regular finishing time on normal
working days, at least 30 minutes shall be taken for meals. The meal break shall not be regarded as
overtime and a meal allowance as provided in Part A, Meal Allowances of clause
6, Allowances, shall be paid.
(3) For the
purpose of calculating the hourly rate, the following formula shall be used:
(a) Where the
luncheon period has been regularly extended to one hour (i.e. 3/4 hour plus
15-minute concession):
Annual Salary
|
x
|
7
|
x
|
1
|
|
|
365.25
|
|
35
|
(b) Where the
luncheon period has not been so extended:
Annual Salary
|
x
|
7
|
x
|
1
|
|
|
365.25
|
|
36.25
|
(4) An employee
who works on a Saturday, Sunday or public holiday may, within two working days
following so working, elect to take leave in lieu of payment for all or part of
the employee’s entitlement in respect of the time so worked, as calculated in
accordance with subclause (2) of this clause.
Provided that:
(a) Leave in lieu
of payment shall be taken at the convenience of the Authority.
(b) Such leave in
lieu shall be taken in multiples of a quarter-day only.
(c) The maximum
period of leave in lieu that may be allowed in respect of any one period of
overtime worked shall be one day.
(d) Leave in lieu
shall be taken within one month of the date of election, except in the case of
leave in lieu in respect of work performed on a public holiday, in which case
an employee may elect to have such leave in lieu added to annual leave credits.
(e) An employee
shall be entitled to payment for the balance of any entitlements not taken as
leave in lieu.
(5) Notwithstanding
the provisions of this clause, the following employees shall not, without the
special approval of the Authority, be paid for any overtime worked by them,
viz.:
(a) Employees who
are paid a special allowance in lieu of overtime.
(b) Administrative
and clerical employees whose salary, and allowance in the nature of salary,
exceed that of the top step of USS Grade 9.
(c) Employees
engaged on field works who are directed to work 38 hours per week shall be paid
a loading at the rate of 8.5 per cent of salary; provided that overtime shall
be paid for time so worked in excess of 8 hours on any one day or 40 in any one
week, or outside that spread of hours normally worked by employees on field
works.
(d) The loading
referred to in subclause (c) shall apply to all periods of paid leave and be
taken into account in the calculation of annual leave loading and overtime
payments.
The loading shall be taken into account in the
calculation of the monetary value of long service leave on termination of
service where an employee is in receipt of the loading on the day preceding
termination.
(6) For the
purpose of computing overtime payment to an employee whose starting and
finishing times have been fixed at times other than 8.30 am and 4.30 pm respectively
under an agreement made pursuant to clause 2, Hours of Duty, the times
specified in subclause (2) shall be advanced or retarded, as the case may be,
by a period equivalent to the period by which the commencing time as fixed is
earlier or later than 8.30 am.
(7) Payment of
overtime for toll collection personnel, other than Toll Plaza Attendants, shall
be made at:
(a) All time
worked in excess of ordinary shift hours as prescribed in clause 2, Hours of
Duty, in any consecutive 24 hours or in excess of 152 hours per four-week cycle
shall be deemed overtime except where such excess is worked:
(i) by
arrangement between the employees themselves:
(ii) for the
purpose of effecting rotation of shifts:
(b) The following
rates for overtime shall be paid:
(i) time and a
half for the first two hours and double time thereafter for all time worked in
excess of ordinary shift hours:
(ii) double time
for all time worked on Sundays and public holidays in excess of the ordinary
shift hours.
(c) An employee recalled
from their home to work shall be paid for a minimum of three hours work at
overtime rates for each such call.
(d) After each
period of overtime an employee shall be entitled to a rest break of at least
eight consecutive hours off duty before the commencement of their next ordinary
shift without loss of salary for ordinary working time occurring during such
eight consecutive hours. If an employee
is recalled to duty during their rest break they shall be paid at the rate of
double time until released from duty and the employee shall then be entitled to
a further rest break of at least eight consecutive hours without loss of salary
for ordinary working time occurring during such rest break.
(e)
(i) One meal
allowance in the same quantum as the first meal allowance as prescribed in
clause 17, Meal Allowance, of the General Construction and Maintenance, Civil
and Mechanical Engineering, &C. (State) Award, published 24 March 2006 (358
IG 349), as varied from time to time, shall be paid to Toll Control Clerks and
Toll Supervisors on the completion of the first one and one-half hours overtime
and one meal allowance at the same rate shall be paid on the completion of each
four hours continuous overtime thereafter.
(ii) On those
occasions where an employee is called from their place of residence to work an
overtime shift which falls on the employee's rostered day off, payment is to be
made of a meal allowance in subparagraph (i) of this paragraph after completing
four hours.
(f) Employees
engaged as Part-time Supervisors shall be paid overtime at the rates prescribed
in paragraph (b) of this subclause, for all time worked in excess of eight
hours on each shift.
(8) Payment of
overtime for shift work on field works shall be made at the following rates:
(a) Subject to
paragraph (b) of this subclause all time worked in excess of the hours worked
daily or weekly by employees on field works working normal hours Monday to
Friday, between midnight Sunday and midnight Saturday shall be paid for at the
rate of time and one-half for the first two hours and double time thereafter
based on the employee's ordinary rate of pay. For this purpose each period of
overtime shall stand alone.
(b) An employee
shall not be required to be on duty for more than 16 consecutive hours. After
being on duty for 16 consecutive hours an employee shall take a rest break of
at least four consecutive hours and where the employee is directed to resume
without having had a rest break of eight consecutive hours payment shall be at
the rate of double ordinary time until the employee is released from duty for
eight consecutive hours. Any rostered
working time occurring during such absence shall be paid for at the appropriate
shift work rates.
(c) Any work
carried out on Sundays shall be paid for at the rate of double time.
(d) Any work
carried out on public holidays shall be paid for at the rate of double time and
one-half.
(e) An employee
who works overtime on Saturday or Sunday or on a public holiday shall be paid a
minimum payment for three hours at the appropriate rates.
(f) Employees
working overtime which extends beyond a period of one and one-half hours from
the normal finishing time of a shift shall, at the conclusion of such period of
one and one-half hours, be entitled to a meal break, and to the allowance for
tea money prescribed in clause 8, Allowances. Meal breaks taken during any
period of overtime which has been worked as an extension of an afternoon or
night shift shall be of 30 minutes duration and shall be paid for as time worked.
(g) An employee
required to work a shift on a day on which they have been rostered off shall be
paid at overtime rates in accordance with paragraphs (a), (c) or (d) of this
subclause.
Unless the employee concerned has been notified at
least 24 hours in advance, one meal allowance shall be paid for during such
shift at the rate prescribed for tea money in clause 6, Allowances.
4. Shift Work
This clause does not apply to employees who are subject to
the following clauses of this award:
Clause 10, Additional Conditions for Motor Registry and
Telephone Customer Service Centre Staff
Clause 11, Additional Conditions for DRIVES Help Desk
Staff
Clause 12, Additional Conditions for Traffic Operations
Control Staff
This clause applies to employees subject to clause 13,
Additional Conditions for Work Support Officers of this award.
A. Head Office
(1) For the
purpose of this clause:
"Day shifts" shall be those shifts worked
between 7.00 am and 5.00 pm Monday to Friday.
"Afternoon shifts" shall be those shifts
commencing at or after noon Monday to Friday.
"Night shifts" shall be those shifts
finishing at or before 10.00 am Monday to Friday.
"Continuous work" means work carried out with
consecutive shifts of employees throughout the twenty-four hours of each of at
least six consecutive days without interruption except during breakdowns or
meal breaks or due to unavoidable causes beyond the control of the Authority.
(2) Hours of Duty
shall be as follows:
(a) The ordinary
working hours for day shifts shall not exceed those worked daily or weekly by
other employees working normal hours Monday to Friday. The only break will be for lunch.
The lunch break shall be taken in the employee's time
and shall not be regarded as working time.
(b) The ordinary
working hours for afternoon and night shifts shall not exceed those worked
daily or weekly by other Head Office employees working normal hours Monday to
Friday.
Meal breaks shall be of thirty minutes duration and
shall be taken as part of the ordinary working hours, to be paid for at the
appropriate shift rate.
(c) No employee
shall be required to work more than five consecutive hours without a meal
break.
(3) Payment for
Shift Work:
(a) Payment for
day shift shall be at ordinary rates of pay.
(b) Payment for
afternoon shift shall be at the employee's ordinary rate of pay plus 12½ per
cent.
(c) Payment for
night shift shall be at the employee's ordinary rate of pay plus 15 per cent.
(d) Payment for
all ordinary time worked on a Saturday shall be at the rate of time and
one-half of the employee's ordinary rate of pay.
(e) Payment for
all ordinary time worked on a Sunday shall be paid for at the rate of double
time of the employee's ordinary rate of pay.
(4) Shift Rosters
(a) Employees
shall be rostered to work shifts on a rotating basis as required by the
Authority provided that not more than five consecutive shifts shall be worked
in seven consecutive days.
(b) Wherever
reasonably practicable notice shall be given of shifts to be worked at least
seven days in advance. Rotating shifts
shall rotate weekly commencing Monday.
Where three shifts per day are being worked the order or rotation shall
be from day shift to night shift, from night shift to afternoon shift and from
afternoon shift to day shift.
(c) An employee on
rotating shifts shall not be rostered to work more than two weeks on afternoon
shift and/or night shift in any period of three working weeks other than at
their own request or by agreement between the employee concerned and the
Authority. Should an employee be
required to work afternoon and/or night shift for more than two consecutive
working weeks (other than at their own request or by agreement between the
employee concerned and the Authority) the employee shall be paid at the rate of
time and one-half of the ordinary rate for all ordinary time worked on
afternoon and/or night shift in excess of two consecutive weeks until the
shifts are rotated.
(5) Payment of
Overtime - Payment of overtime shall be made at the following rates:
(a) Subject to
paragraph (b) of this subclause, all time worked in excess of the hours worked
daily or weekly by other Head Office staff working normal hours Monday to
Friday, between midnight Sunday and midnight Saturday shall be paid for at the
rate of time and one-half for the first two hours and double time thereafter
based on the employee's ordinary rate of pay. For this purpose each period of
overtime shall stand alone.
(b) An employee
shall not be required to be on duty for more than 16 consecutive hours. After
being on duty for 16 consecutive hours an employee shall take a rest break of
at least four consecutive hours and where they are directed to resume without
having had a rest break of eight consecutive hours they shall be paid at the
rate of double ordinary time until released from duty for eight consecutive
hours. Any rostered working time
occurring during such absence shall be paid for at the appropriate shift work
rates.
(c) Any work
carried out on Sundays shall be paid for at the rate of double time.
(d) Any work
carried out on public holidays shall be paid for at the rate of double time and
one-half and for employees engaged on continuous work, any work carried out on
public holidays shall be paid for at the rate of double time.
(e) An employee
who works overtime on Saturday or Sunday or on a public holiday shall be paid a
minimum payment for three hours work at the appropriate rates.
Provided that:
(i) Employees
working overtime which extends beyond a period of one and one-half hours from
the normal finishing time of a shift shall, at the conclusion of such period of
one and one-half hours, be entitled to a meal break and to the allowance for
tea money, prescribed in clause 2, Hours of Duty. Meal breaks taken during any
period of overtime which has been worked as an extension of an afternoon or
night shift shall be of 30 minutes duration and shall be paid for as time
worked.
(ii) An employee
required to work a shift on a day on which they have been rostered off shall be
paid at overtime rates in accordance with paragraphs (a), (c) or (d) of
subclause (5).
(iii) Unless the
employee concerned has been notified at least twenty-four hours in advance, one
meal allowance shall be paid for during such shift at the rate prescribed for
tea money in clause 6, Allowances.
(iv) An employee
rostered off on a public holiday shall be credited with a days recreation leave
for each such day, provided that a six or seven-day shift roster is in
operation.
(v) An employee
employed under this clause and working a six or seven-day week three-shift
roster shall be credited with an additional five days' recreation leave per
annum. This leave shall accrue at the
rate of 5/12 of a day for each complete month that an employee so works.
B. Toll Control
Clerks and Supervisors
(1) Continuous
Shift Work - Employees on Continuous shift work shall accrue 0.4 of an hour for
each eight-hour shift worked to allow one complete shift to be taken off for
every 20-shift cycle.
(2) The shifts
shall be arranged by roster, which shall be posted in such a position that the
employees will be able to keep themselves informed of the shifts to be worked
at least one week ahead.
(3) The roster
shall, as far as practicable, be arranged to give each of the employees an
equal number of Saturdays and Sundays off duty.
(4) The roster
shall, as far as practicable, be arranged to give each of the employees two
consecutive days off.
(5) Except in
cases of emergency, no employee shall be compelled to work more than five hours
without a break by agreement with the Association.
(6) The roster
shall be so arranged that at least eight consecutive hours separate the
ordinary shifts to be worked by any employee.
(7) The method of
working shifts may, in any case, be varied by agreement between the Authority
and the Association and in any case of general variation where agreement cannot
be reached seven days notice of the alteration shall be given by the Authority
to the Association.
(8) Except in
cases of emergency, an employee shall not be required to work longer than two
hours in any period without a crib break of twenty minutes.
C. Employees on Field
Work
(1) Hours
(a) The ordinary
working hours for day shifts shall not exceed those worked daily or weekly by
employees on field works working normal hours Monday to Friday. The only break
will be for lunch.
The lunch break shall be taken in the employee's time
and shall not be regarded as working time.
(b) The ordinary
working hours for afternoon and night shifts shall not exceed those worked daily
or weekly by other employees on field works working normal hours Monday to
Friday.
Meal breaks shall be of thirty minutes duration and
shall be taken as part of the ordinary working hours, to be paid for at the
appropriate shift rate.
(c) No employee shall
be required to work more than five consecutive hours without a meal break.
(d) The following
additional provisions will apply to employees whose ordinary working hours are
thirty-eight per week:
(i) Employees
engaged for work under the terms of this subclause shall accrue 0.4 of one hour
for each shift worked to allow one shift to be taken off as a paid shift for
every twenty-shift cycle.
The twentieth shift shall be paid for at the shift
rate(s) prescribed in paragraphs (a), (b), (c) and (d) of subclause (2) Payment
of Part C, Employees on Field Work of this clause.
(ii) Each shift of
paid leave taken and any public holidays occurring during any cycle of four
weeks shall be regarded as a shift worked for accrual purposes.
(iii) An employee
who has not worked, or is not regarded by reason of subparagraph (ii) of this
paragraph as having worked a complete four-week cycle, shall receive pro rata
accrued entitlements for each shift worked (or fraction of a shift worked) or
regarded as having been worked in such cycle, payable for the rostered day off
or, in the case of termination of employment, on termination.
(iv) The Authority
and employees working under the terms of this subclause shall agree upon
arrangements for rostered paid days off during the twenty-shift cycle or for
accumulation of accrued days, provided that such accumulation shall be limited
to no more than five such accrued days before they are taken as paid days off,
and when taken the days shall be regarded as days worked for accrual purposes
in the particular twenty-shift cycle.
(v) Once such
shifts have been rostered they shall be taken as paid shifts off provided that
where the Authority for emergency reasons requires an employee to work on the
rostered shift off, the employees shall take one paid shift off before the end
of the succeeding work cycle, and the employee shall be paid for the shift
worked at the rates prescribed for Saturday work in clause 3, Overtime.
(2) Payment
(a) Payment for
day shift shall be at ordinary rates of pay.
(b) Employees
shall be paid at the rate of time and one-quarter when working on the second
(afternoon) shift on either a two or three-shift system.
(c) If three
shifts are worked, the third (night) shift shall be paid for at the rate of
time and one-quarter.
(d) Where
employees are required to work on a shift not worked on a two or three-shift
system, which commences at or after 4.00pm and which finishes at or before
7.00am such shift shall be of no longer duration than eight hours and shall be
paid for at the rate of time and one-half.
(e) Where the
arrangement for working shifts provides for shifts on less than five continuous
working days then overtime rates shall be applicable; provided also that in
cases where less than a full week is worked due to the action of the employee
then in such cases the rate payable for the actual time worked shall be
ordinary shift rates.
(f) Shift work
hours shall be worked between Monday and Friday inclusive. Time worked on a Saturday, Sunday or a
public holiday shall be paid for at overtime rates; provided that an ordinary
night shift commencing before and extending beyond midnight Friday shall be
regarded as a Friday shift.
(g) An employee
shall be given at least 48 hours notice of a requirement to work shift work.
(h) Notice of any
alteration to shift hours shall be given to the employee not later than ceasing
time of the previous shift.
(i) No employee
who is employed during ordinary working hours shall be employed on afternoon or
night shifts except at overtime rates.
(3) Rosters
(a) Where the
arrangement for working shifts requires employees to be rostered to work shifts
on a rotating basis not more than five consecutive shifts shall be worked in
seven consecutive days.
(b) Wherever
reasonably practicable notice shall be given of shifts to be worked at least
seven days in advance. Rotating shifts
shall rotate weekly commencing Monday.
Where three shifts per day are being worked, the order of rotation shall
be from day shift to night shift, from night shift to afternoon shift and from
afternoon shift to day shift.
(c) An employee on
rotating shifts shall not be rostered to work more than two weeks on afternoon
shift and/or night shift in any period of three working weeks other than at the
employee's own request or by agreement between the employee concerned and the
Authority. Should an employee be
required to work afternoon and/or night shift for more than two consecutive
working weeks (other than at the employee's own request or by agreement between
the employee concerned and the Authority), the employee shall be paid at the
rate of time and one-half of the ordinary time worked on afternoon and/or night
shift in excess of two consecutive weeks until the shifts are rotated.
5. Increments
(1) Except in the
case of promotion from one classification to another, an employee shall not be
entitled to an increase in their rate of salary until they have received that
rate for a period of twelve months.
(2) Any increments
under this award may be withheld or the salary of any employee may be reduced
in any case where, on account of the employee's inefficiency or misconduct in
an official capacity, the Authority is of the opinion that such increments
should not be paid or that the salary of such employee should be reduced.
Provided that an employee whose salary is reduced or
from whom an increment is withheld shall, within thirty days of the reduction
taking effect or the increment becoming due, be furnished with a statement in
writing of the reason for withholding the increment or for the reduction in
salary. The provisions of clause 16,
Appeals in Respect of Salary, Grade or Classification, shall then apply.
Periods of leave without pay where the total period of
absence in any one year exceeds five days shall not count as service for
increment purposes.
Nothing included in this clause shall preclude the
reference of matters by the Association or the Authority to the NSW Industrial
Relations Commission.
6. Allowances
A. Meal Allowances
(1) Meal Break
while Travelling
(a) Employees are
entitled to claim a meal allowance when travelling on RTA business if they:
(i) return to
their headquarters or place of residence on the same day;
(ii) have a meal
break of at least 30 minutes away from their residence or headquarters; and
(iii) incur expense
in obtaining the meal.
(b) Employees
shall receive meal allowances at the rates contained in Item 1 of Table B,
Rates - Allowances, and subject to the following provisions:
(i) Breakfast -
the journey must have commenced before 6am and at least one hour before the
employee’s normal starting time.
(ii) Lunch - when
employees are required to travel a total distance of at least 100km on the day
and take their lunch break at least 50km from their normal headquarters. Employees
whose position requires them to undertake work in the field and are regularly
required to take lunch away from their nominated headquarters shall not be
entitled to a lunch allowance.
(iii) Evening meal
- the allowance may only be claimed when the meal is taken after 6:30pm.
(2) Meal Allowance
- Overtime
(a) Subject to
clause 3, Overtime, where an adequate meal is not provided by the RTA, an
employee will be paid a meal allowance for meal breaks taken, provided that:
(i) the
performance of the work concerned at that time was necessary;
(ii) the employee
incurred expenditure in obtaining the meal;
(iii) where the
employee was able to cease duty for at least 30 minutes before or during the
working of overtime they did so; and
(iv) the employee resumed
duty after the meal break, unless there are acceptable reasons for a meal to be
taken at the end of an overtime period.
(b) Employees
shall receive meal allowances at the rates contained in Item 2 of Table B,
Rates - Allowances and subject to the following provisions:
(i) Breakfast -
employees are required to commence work at or before 6am and at least one hour
before the prescribed starting time.
(ii) Lunch -
employees are required to work on any Saturday, Sunday or state-wide public
holiday and their prescribed starting time is
not later than 8.30am and they are required to work
until or beyond 1.30pm; or
later than 8.30am and they are required to work until
or beyond 2pm.
(iii) Evening meal
- when employees are required to work until or beyond 6pm on a normal working
day, an evening meal allowance will be paid to employees who
work under a flexible working hours arrangement and
work for more than eight and one-half hours, excluding the lunch break on that
day;
do not work under a flexible working hours arrangement
and whose prescribed starting time is not later than 8:50am, work for at least
one and one-half hours after the prescribed ceasing time.
(3) Meal Break
Allowance - Sydney Harbour Bridge
Sydney Harbour Bridge Toll Control Clerks shall receive
a meal break allowance for each eight-hour shift, paid at the rate of time and
a half for 30 minutes.
B. Travelling, Field
and Lodging Allowances
(1)
(a) This subclause
applies to employees who:
(i) are required
to proceed on duty away from their normal headquarters;
(ii) cannot return
to their normal headquarters on the day of departure; and
(iii) do not
permanently change their headquarters.
(b) For the
purposes of this subclause, travelling allowance will be calculated at the
hourly rate of the relevant sustenance allowance as set at Item 3 of Table B,
Rates - Allowances.
(c) The need to
obtain overnight accommodation will be determined by the RTA, having regard to
the safety of the employee travelling on official business and local conditions. Where employees are required to attend
conferences or seminars which involve evening sessions or make an early start
in a location away from their normal workplace, overnight accommodation will be
appropriately granted.
(d) Employees who
are required to stay in overnight accommodation will receive the rate for that
region as set at Item 3 of Table B, Rates - Allowances. The allowance will be reduced to 50% of the
relevant rate for employees who remain in a region for more than 35 days and up
to a period of six months.
(e) Employees who
wish or are directed to claim actual and reasonable expenses while staying in
overnight accommodation will be entitled to an ‘Incidentals’ allowance as set
at Item 4 of Table B, Rates - Allowances.
(f) Sustenance
allowance will be calculated from the time of departure from:
(i) their normal
headquarters;
(ii) their normal
place of residence where they travel directly from their normal place of
residence; or
(iii) another
temporary work location.
(g) Employees who
are sent from one temporary work location to another will continue to be
entitled to the relevant allowance, provided that the distance between their
headquarters and the subsequent temporary work location is sufficient to make
it necessary to continue such arrangements.
(h) Subject to
paragraph (f) of this subclause, where the allowance for overnight
accommodation at the subsequent temporary work location(s) is a different rate
than that for the previous temporary work location, employees will receive the
relevant rates based on the times of departure from each location. Methods for
calculation of sustenance allowance for employees travelling between different
locations are contained in the RTA Expenses and Allowances Policy (10.2).
(i) Sustenance allowance
is not payable in respect of:
(i) any period
during which employees return to their residence on weekends or public
holidays, from the time of arrival at the residence until the time of
departure;
(ii) any period of
leave, except with the approval of the RTA, or as otherwise provided by Part B,
Travelling, Field and Lodging Allowances of this clause; or
(iii) any other
period during which employees are absent from the temporary work location,
otherwise than on official duty.
(j) For the
purposes of this clause, ‘Sydney’ means the area bounded by Palm Beach and
Cowan in the north, St Marys in the west and Catherine Fields and Heathcote in
the south. Notwithstanding this
definition, employees in receipt of an allowance for overnight accommodation,
are expected to find accommodation as close as possible to the temporary work
location which they are attending.
(k) Employees who
return from a temporary work location after more than 35 days and less than six
months’ lodging will be paid for their travelling at the hourly rate of the
relevant 35 days or less allowance.
Travelling will be calculated from the time of departing the temporary
work location to the time of arrival at their headquarters or normal place of
residence.
(l) Where the
sustenance or meal allowance claimed under subclause (1) of Part A, Meal
Allowances or Part B, Travelling, Field and Lodging Allowances of this clause
is deemed
(i) insufficient
to adequately reimburse an employee for expenses properly and reasonably
incurred, a further amount may be paid to reimburse the employee for the
additional expenses incurred; or
(ii) in excess of
the amount which would adequately reimburse an employee for expenses properly
and reasonably incurred, the RTA may reduce the allowance to that which would
reimburse the employee for expenses incurred properly and reasonably.
(m) Payment of any
actual expenses will be subject to the production of receipts, unless the RTA
is prepared to accept other evidence from the employee concerned.
(2)
(a) Employees who
perform official duty at a temporary location may be directed to lodge in
accommodation organised and provided by the RTA.
(b) Where the RTA
does not provide meals, employees will be reimbursed meal expenses actually and
reasonably incurred during the time spent away from their residence to perform
that duty.
(c) Employees
staying in RTA-provided accommodation will receive an ‘incidentals’ allowance
at the rate set at Item 4 of Table B, Rates - Allowances.
(3) In the case of
employees whose duties require them to proceed from their headquarters to the
field for a period of one week or more and who are within reasonable travelling
distance from their headquarters at weekends (reasonable travelling distance
from Sydney being within the area bounded by Newcastle, Singleton, Bowenfels,
Yass and Nowra), their claims for field and lodging allowances are to be
calculated as follows:
(a) Travelling
allowance will be paid from time of departure from headquarters to time of
arrival at a new location and on return journeys to headquarters. Where, with
approval, an employee uses a private vehicle, travelling allowance shall not
exceed the allowance which would have been payable had the employee travelled
by the appropriate mode of public transport.
(b) Lodging
allowance will be paid at the rate in accordance with the above provisions, on
the basis of reasonable actual cost plus $15.45 per day subject to the
production of receipts from time of arrival at a new location until time of
departure, which normally would be Monday to Friday, respectively.
If it is necessary to obtain accommodation on a weekly
basis in order to preserve continuity of accommodation, the reasonable actual
cost plus $15.45 per day will be paid if this cost should exceed the allowance payable
under this award from time of arrival to time of departure each week. Where the actual cost is being claimed,
expenses must be supported by receipts.
(c) Journeys each
week to and from one location will be regarded as separate trips for the purpose
of calculating travelling, field and lodging allowances.
(d) Return rail
warrants will be issued each week to enable the employee concerned to return to
headquarters at weekends.
Where approval is given for an employee to travel by
private conveyance the employee shall be granted the equivalent cost of rail
fares or fares by the recognised mode of public transport. Provided that the employee may be required
to produce evidence that the journey was actually made in a private conveyance.
Employees whose duties require them to proceed from
their headquarters to the field, and who are not within reasonable travelling
distance from their headquarters at weekends, may return and have their fares
paid to their headquarters at the intervals and under the conditions set out
hereunder:
(i) Where the
distance to be travelled from the field to their headquarters is such that the
issue of rail warrants (including sleepers) will enable employees to travel in
their own time to spend 48 hours at their headquarters:
(1) Employees with
dependants after four weeks absence from headquarters shall be issued with one
first-class return rail warrant (including sleepers). Thereafter one first-class return rail warrant (including
sleepers) will be issued each four weeks. Alternatively, one economy class
return rail warrant may be issued each two weeks.
(2) Employees
without dependants after eight weeks absence from headquarters shall be issued
with one first-class return rail warrant (including sleepers). Thereafter, one first-class return rail
warrant (including sleepers) will be issued each eight weeks. Alternatively,
one economy return rail warrant may be issued each four weeks.
(ii) Where the
distance to be travelled from the field to their headquarters by the shortest practicable
route is such that employees are unable to travel in their own time to spend 48
hours at their headquarters:
(1) Employees with
dependants after four weeks absence from headquarters shall be issued with one
first class return rail warrant (including sleepers) and shall be granted
special leave not exceeding two days (normally Friday and/or Monday) each four
weeks.
(2) Employees
without dependants after eight weeks absence from headquarters shall be issued
with one first class return rail warrant (including sleepers) and shall be
granted special leave not exceeding two days (normally Friday and/or Monday)
each eight weeks.
Provided that the Authority may, having regard to the
period of absence from duty necessitated by rail travel, elect to provide
transport by air.
(iii) Those
employees who, in accordance with subparagraphs (i) and (ii) of this paragraph,
return to their headquarters after the specified period of absence has elapsed
will be entitled to the following additional expenses and conditions:
(1) Travelling
time as provided in subclause (1) of this clause.
(2) Each journey
will be regarded as a separate trip for the purpose of calculating field and
lodging allowances.
(iv) Where an
entitlement to the issue of travel warrants exists in accordance with the
provisions of subparagraphs (i) and (ii) of this paragraph, an employee may
travel by other forms of conveyance subject to approval and be granted the
equivalent cost of rail fares (including sleepers) or fares by the recognised
mode of public transport, subject to production, on request, of evidence that
the journey was actually made: provided that the period of absence from duty
shall not in any case exceed the period which would be required if the journey
was made by the form of public transport approved.
C. Allowances to
Transferred Employees
(1)
(a) This clause
shall apply to all transfers except:
(i) Transfers
made at the request of the employee
within a period of two years of
taking up duty at their previous headquarters.
(ii) Transfers to
a new headquarters within 34 km of an employee's previous headquarters.
(iii) Transfers by
reason of official misconduct.
(b) Where special
circumstances exist and the Authority so approves, this clause shall apply to a
transfer within the meaning of subparagraphs (i) or (ii) of paragraph (a) of
this subclause.
(2) Where an
employee is transferred from one headquarters to another the employee shall be
paid a travelling allowance at the rate per hour set out in Part B, Travelling,
Field and Lodging Allowances of this clause until the time of their arrival at
the new headquarters and thereafter the appropriate allowance or allowances set
out hereunder:
(a) An employee
required to occupy camp or local quarters in the field shall be paid the
relevant accommodation allowance prescribed in the said Part B, for employees
in camp or local quarters.
(b) Where the
Authority is prepared to meet the expense of transferring the dependants of an
employee, but does not provide a residence, and because of inability to secure
a residence or for any other reason accepted by the Authority, the employee
finds it necessary while separated from their dependants to go into lodgings
while waiting to take up occupation of their new residence, then the relevant
accommodation allowances as set out in the said Part B, shall be paid for the
period of such lodging, but not for any period in excess of eight weeks.
(c) For the period
beyond the first eight weeks after arrival at a new location, a transferred
employee who is separated from their dependants under circumstances set out in
paragraph (b) of this subclause, shall be recouped actual and reasonable
out-of-pocket expenses less an amount set at Item 5 of Table B, Rates
Allowances, per week subject to the production of receipts. Such recoupment
shall be limited to a period not exceeding six months, except with the special
approval of the Authority.
(d) An employee
who is separated from their dependants under circumstances set out in
paragraphs (a), (b) and (c) may return and have the fares paid to their home at
the intervals and under the conditions set out hereunder:
(i) After four
weeks absence from home one first class return rail warrant (including
sleepers) will be issued. Thereafter,
one first class return rail warrant (including sleepers) will be issued each
four weeks. Alternatively, one economy class rail warrant may be issued each
two weeks. In either case the employee
shall travel in their own time.
(ii) Where, owing
to the distance to be travelled it is not possible for an employee to travel in
their own time to spend 48 hours at home, the employee will, after four weeks
absence from home, be issued with one first class return rail warrant
(including sleepers) and be granted special leave not exceeding two days
(normally Friday and Monday) each four weeks. Alternatively, the Authority may,
having regard to the period of absence from duty necessitated by rail travel,
elect to provide transport by air.
(iii) An employee
entitled to the issue of travel warrants under the provisions of sub-paragraphs
(i) or (ii) of this paragraph may travel by other forms of conveyance subject
to approval and be granted the equivalent cost of rail fares (including
sleepers). The period of absence from
duty shall not in any case exceed the period which would be required if the
journey was made by the recognised form of public transport. If the journey was actually made in their
own motor vehicle, the employee may be required to produce evidence to this
effect.
(iv) If the
employee's new headquarters are within reasonable travelling distance of their
previous headquarters, as defined in the said Part B, the conditions set out in
that Part will apply.
(e)
(i) Where the
Authority is prepared to meet the expense of transferring the dependants of an
employee, but does not provide a residence, and because of inability to secure
a residence or for any other reason accepted by the Authority the employee
finds it necessary to go into temporary accommodation with his/her dependants
while waiting to take up occupation of a residence, then the employee shall be
recouped, subject to the production of receipts, three-quarters of the actual
and reasonable expenses so incurred by the employee and dependants within a period of eight weeks of their arrival at
the new headquarters.
Prior approval of the Authority is to be sought where,
having regard to the special circumstances involved, any reimbursement beyond
this period is considered necessary.
(ii) Where the
Authority is prepared to meet the expenses of transferring an employee without
dependants, but does not provide a residence, and because of inability to
secure permanent accommodation or for any other reason accepted by the
Authority the employee finds it necessary to go into temporary lodgings while
waiting to take up occupation of permanent accommodation, then the employee
shall be recouped, subject to the production of receipts, 50 per cent of the
actual and reasonable expenses so incurred for a period up to four weeks from the
date of the employee's arrival at the new headquarters subject to the maximum
allowance so payable not exceeding the amount set at Item 6 of Table B, Rates -
Allowances, per week.
Prior approval of the Authority is to be sought where,
having regard to the special circumstances involved, any reimbursement beyond
this period is considered necessary.
(f) Where the
Authority is not prepared to meet the expense of transferring the dependants of
an employee and such employee finds it necessary to go into camp, local
quarters or lodgings at the new location the relevant accommodation allowance
set out in Part B, Travelling, Field and Lodging Allowances, shall apply.
(g) Where an
employee is in receipt of an accommodation allowance under the provisions of
paragraph (f) of this subclause they shall be entitled to the issue of travel
warrants and the granting of special leave as prescribed in paragraph (d) of
this subclause.
(h)
(i) When an
employee is transferred from one headquarters to another under circumstances
which require them to change their place of residence and necessitate removal
of normal household furniture and effects, the following additional allowance
shall be paid:
The amount set at Item 7(b) of Table B, Rates -
Allowances, where the household furniture and effects are of not less value
than the amount set at Item 7(a).
The amount set at Item 7(c) of Table B, Rates -
Allowances, where the household furniture and effects are of not less value
than the amount set at Item 7(a).
(ii) In the event of
a transferred employee changing their place of residence and not being eligible
to receive the allowance referred to under subparagraph (i) above, the amount
set at Item 7(d) of Table B, Rates - Allowances shall be paid.
(i) Where an
employee and spouse, who is also an employee, are both transferred to the same
new headquarters which necessitates a change in place of residence the
Authority's prior approval is to be sought regarding their leave and expenses
entitlements as transferred employees.
(3)
(a) Where an
employee already owning their home is transferred under circumstances where the
Authority is prepared to meet the cost of transferring their dependants and
effects, and sells the home at the then headquarters for the purpose of
purchasing a home or land upon which to erect a residence at the new
headquarters the employee shall, subject to the conditions prescribed in
subparagraph (ii) of this paragraph, be entitled to reimbursement of the
following expenses incurred in such transactions:
(i) where the
employee has engaged a Solicitor to act for them in those transactions, the
Solicitor's professional costs and disbursements in respect of such
transactions which are limited to Schedule 1 under the Conveyancing Act;
(ii) stamp duty
paid in respect of the purchase of the residence or land at the employee’s new
location, and in respect of any mortgage entered into or discharge of mortgage
in connection with such transactions;
(iii) fees paid in
respect of the registration of transfer and mortgage;
(iv) where the
employee has engaged an estate agent to sell the residence at the former
location, the commission paid to the estate agent in respect of such sale.
(b)
(i) Reimbursement
of expenses under this clause shall only be made where the sale of the
employee's former residence and the purchase of either a residence or land upon
which to erect a residence at their new location are effected within a period
commencing not earlier than six months prior to the employee's transfer and
ending not more than four years after such transfer.
(ii) A transferred
employee owning a residence at a former location but who has taken up rented
accommodation on transfer shall be regarded as covered by the provisions of
this award relating to the reimbursement of conveyancing and incidental costs
on a subsequent transfer, provided periods of not more than four years have
elapsed between transfers.
(iii) Where it is
not practicable for the transferred employee to purchase a residence in their
new location and they have disposed of their former residence, such employee is
not to be excluded from the benefit of this award when subsequently purchasing
a residence in their new location on current or subsequent transfer within the
time limit allowed in subparagraph (b) of this paragraph.
(iv) The Authority
will be prepared to consider individual cases where the four-year period
referred to in subparagraphs (a), (b) and (c) of this paragraph has been
exceeded but may require full details of why sale and/or purchase of residence
could not be completed in the four-year period.
(v) The maximum
amounts which an employee may be reimbursed under this clause shall be limited
to the amounts which would be payable had the sale and purchase prices of the
properties involved in each case had been the amount set at Item 8 of Table B,
Rates - Allowances.
(vi) In so far as
stamp duty is concerned, the limit set at said Item 8 does not apply where an
employee purchases a residence or land on which to erect a residence, and
enters into occupation of the home within a period of 15 months of the date of
transfer to the new headquarters.
(vii) The
reimbursement of expenditure paid to estate agents in respect of commission
charges shall be limited to 5 per cent on the first $15,000; 3 per cent on the
next $45,000; and 2.5 percent thereafter up to a maximum value of the amount
set at Item 8 of Table B, Rates - Allowances.
(c)
(i) Where a
transferred employee entitled to the reimbursement of conveyancing and other
costs under paragraphs (i) and (ii) of subclause (b) of this clause, purchases
a residence or the land upon which to erect a residence at their new
headquarters prior to the sale of their former residence, they shall be
entitled to reimbursement for any Council or other Local Government rates
levied in respect of the former residence in respect of any period during which
such former residence remains untenanted. Provided that the Authority may
require the employee to furnish acceptable evidence that reasonable efforts are
being made to sell the former residence at a fair market price.
(ii) A transferred
employee shall be entitled to reimbursement of any costs incurred in respect of
the connection of gas and/or electricity supplies not being refundable costs.
(iii) A transferred
employee entitled to reimbursement of conveyancing and other costs under
paragraphs (i) and (ii) of subclause (b) of this clause, shall be entitled to
reimbursement of the cost of Survey Certificates, Pest Certificate and/or
Building Society registration fees reasonably incurred in seeking financial
assistance for the purpose of purchasing a new residence or the land upon which
to erect a new residence at their new headquarters.
(4) When an
employee is transferred under circumstances where the Authority is prepared to
meet the cost of transferring the employee's dependants and effects, the
employee shall be granted reimbursement of the costs of installing a telephone
at the new location.
Provided that:
(a) The employee
was a telephone subscriber at the previous residence at the time of transfer;
(b) The amount of
the reimbursement will be the full amount of transfer or installation fee only,
that is, fees for extra telephone equipment and services etc., will be
excluded;
(c) Claims are
supported by receipts.
(5) Where an
employee is transferred from one location to another and desires to arrange in
advance housing accommodation, the employee and one member of the employee's
household may each be provided with one first class return rail warrant, plus
sleeping berths where applicable.
Alternatively, if the employee provides their own transport,
reimbursement at the appropriate specified journey rate for the return journey,
with a maximum reimbursement equal to the cost of two first class return rail
fares (including sleeping berths) will be made.
In addition, subject to approval, an employee shall be
entitled to special leave of:-
(a) Two days on
full pay for the purpose of visiting the new location with a view to obtaining
suitable accommodation; and
(b) Such leave as
is necessary, on full pay, to travel to the new location for the purpose
referred to in paragraph (a) of this subclause.
Provided that where the purpose referred to in
paragraph (a) of this subclause is achieved in a lesser time than that
specified, the employee shall be entitled to leave on full pay for that lesser
time and provided also where the purpose referred to in the said paragraph (a)
cannot be achieved in the time specified the Authority may grant such extra
leave as is considered necessary.
When an employee in accordance with the said paragraph
(a), travels to the new location to seek accommodation and incurs expenses in
relation to overnight accommodation, the employee shall, subject to the
production of receipts be reimbursed reasonable and actual costs of
accommodation and meals for self and a member of the employee's household,
provided the amount to be reimbursed does not exceed that prescribed under Part
B, Travelling Field and Lodging Allowances of this clause.
When an employee has been unable to take advantage of
the above-mentioned concessions but, subsequent to entry on duty at the new
headquarters, desires that one member of their household travel to the new
headquarters to assist in the search for permanent accommodation, the member
concerned may be granted one first class return rail warrant, including
necessary sleeping berths, to undertake the journey. Should another mode of transport be used, the actual cost of such
transport may be refunded subject to the amount payable not exceeding the value
of one first class return rail warrant (including sleeping berths). Where the
journey is undertaken by car, the allowance payable is to be based on the
appropriate specified journey rate as advised from time to time.
This provision will not apply when an employee's
residence is available or where the employee concerned proposes to re-occupy
their own home.
(6) The Authority
may grant, on application and having regard to the circumstances, a weekly
allowance to an employee who is faced with increased accommodation costs
following transfer.
Provided that the allowance shall:
(a) be based on
the difference between an employee's outgoings for rent in the new location and
outgoings for rent in the previous location;
(b) be a maximum
of the amount set at Item 9 of Table B, Rates - Allowances per week;
(c) be payable for
a period of up to six months in each case, unless exceptional circumstances
exist which would warrant an extension up to a maximum period of 12 months;
(d) apply to an employee
occupying privately owned property or property required for future road works,
but not to one occupying a property purchased by the Authority for staff
housing;
(e) apply only to
transfers made for the Authority's purposes, that is, not to transfers made at
an employee's own request;
(f) apply to
transfers from city to country location, country location to city and from one
country location to another; and
(g) be considered
for payment only after written application has been supported by receipts as to the actual rental being paid.
(7) A transferred
employee shall be reimbursed:
(a) The cost of
board and lodging in respect of dependant children undergoing secondary
education in Year 12 at a school in the employee's old location when elected
subjects are not available at a school at the employee's new location. In such case, the employee, on production of
receipts of payment and a certificate from the Department of Education and
Training that the elected subjects are not available at a school at the
employee's new location, shall be granted an allowance to meet such costs. In these cases, the parent/guardian will be
required to pay the amount set at Item 10(a) of Table B, Rates - Allowances per
week of the board and lodging expenses and the Authority will reimburse further
costs up to a maximum of the amount set at Item 10(b) of Table B per week for
each child.
(b) The cost of
those items of essential school clothing listed from time to time in personnel
circulars that are required to be replaced or purchased as a direct result of
the employee's transfer from the former location to the new location requiring
the changing of schools. When an item
of clothing required at the new school is not included in the list, the
Authority will consider reimbursing the transferred employee the cost of same,
but will require full particulars and the circumstances surrounding the
requirement to purchase.
D. Climatic
Allowances
(1) Employees
stationed in an area upon or to the west of a line starting from a point on the
bank of the Murray River opposite Swan Hill and thence by straight lines
passing through the following towns or localities in the order stated, namely,
Conargo, Coleambally, Hay, Rankin's Springs, Marsden, Condobolin, Peak Hill,
Nevertire, Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford and
Bonshaw shall be paid a climatic allowance.
(2) The amounts of
climatic allowances for each classification are set at Item 11 of Table B,
Rates - Allowances.
(3) Grade B
allowances are payable to employees stationed and resident at the following
locations:
Angledool, Barrigun, Bourke, Brewarrina, Clare,
Enngonia, Goodooga, Ivanhoe, Lake Mungo, Lightning Ridge, Louth, Mungindi,
Pooncarie, Redbank, Walgett, Wanaaring, Weilmoringle, White Cliffs, Wilcannia
and Willandra.
(4) Grade C
allowances are payable to employees stationed and resident at the following
locations:
Fort Grey, Mootwingee, Mount Wood, Nocoleche, Olive
Downs, Tibooburra and Yethong.
(5) All other
locations where the climatic allowance is payable are classified as Grade A.
N.B. Deniliquin
is to be classified as Grade A for the payment of this allowance.
E. Fares Subsidy -
Climatic Allowance Area
(1) An employee
whose headquarters are situated in an area in which a climatic allowance is
paid shall be entitled to a subsidy toward the cost of fares incurred when
proceeding on annual recreation leave from that area.
The maximum amount payable to such an employee in
respect of a period of annual recreation leave for a return journey from their
headquarters to Sydney, or elsewhere not exceeding the cost of a return journey
to Sydney, shall be:
(a) The actual
cost, less the amount set at Item 12(a) of Table B, Rates - Allowances, of
fares incurred in travel by rail (including the cost of sleeping berths where
these are actually used) and/or service car; or
(b)
(i) The amount
set at Item 12(b) of Table B in respect of a married employee, their spouse and
dependant children; or
(ii) The amount
set at Item 12(c) of Table B in respect of an employee without dependants
whichever is the lesser amount.
Payment will not be made in respect of taxi fares or
meals.
(2) Where a means
of transport other than rail and/or service car is used, the subsidy will be
calculated on the basis of equivalent fares (including sleepers) as if such
public transport had been used.
(3) An employee
shall not be entitled to payment under these provisions more than once in
respect of each period of 12 months commencing from the date of taking up duty
in the area.
(4) For the
purposes of this clause, "annual recreation leave" shall, except with
the special approval of the Authority, mean leave of not less duration than
would be required to qualify for the annual leave loading referred to in Part
H, Annual Recreation Leave of Absence, of clause 9, Leave.
F. Calculation of
Allowances
(1) In the case of
weekly allowances, the allowance for any portion of a week shall be calculated
on a daily basis of one-fifth of the weekly rate, and on an hourly basis of one
twenty-fourth of the daily rate so calculated. In the case of the daily
allowances prescribed in clause 6, Allowances, the allowance for any portion of
a day shall be calculated at one twenty-fourth of the daily rate.
(2) In computing
the time occupied, a fraction of an hour if less than half an hour shall not be
taken into account, but if half an hour or more, it shall be reckoned as one
hour.
G. Employee Relieving
(1) Where in any
one period of relief an employee relieves in a higher graded position for five
working days or more and is instructed to perform the whole of the duties of
this position, they shall be paid for the full period of relief the minimum
salary of the higher graded position.
(2) Where in any
one period of relief an employee relieves in a higher graded position for five
working days or more and does not perform the whole of the duties of such
employee in the higher graded position, they shall be paid such allowance as
may be determined by the Authority and prior to entering on relief shall be
advised of the allowance to be paid and the basis for its assessment.
Provided that:
(a) should the
period of relief be in excess of 12 months the relieving employee shall be
entitled to be paid the salary that would be payable under the relevant award,
industrial agreement or determination to a person appointed to that position on
the day the relieving employee commenced relieving duties in that position; or
such proportion thereof as may be determined by the Authority;
(b) except in an
emergency, prior approval to payment of a higher duties allowance is to be
obtained;
(c) an employee
relieving another in a lower graded position shall not suffer any reduction in
salary.
When a Sydney Harbour Bridge Toll Officer other than a
Toll Plaza Attendant is required to relieve another employee, who is on accrued
leave arising from the 38-hour week, no higher duties allowance is payable.
(3) Incremental
Progression by Allowance - Where a very lengthy period of acting in the one
higher graded position is unavoidable, the employee concerned may progress by
way of allowance to the next incremental step, provided that 100 per cent
allowance has been paid continuously for a period of 12 months.
Where the allowance has been discontinued during a
period of leave, the increment should be delayed accordingly.
Where there are broken periods of relief in the higher
graded position or positions, such periods may be aggregated, irrespective of
the nature of the work of the position(s).
Such aggregated periods may be regarded as continuous service for the
purpose of incremental progression within the grade of the position(s),
provided that:
(a) only periods
in respect of which the level of the allowance together with the employee 's
salary is greater than or equal to the salary of the new position to which the
employee is substantively appointed are counted:
(b) any period of
leave during which allowance was not paid is discounted;
(c) aggregation
does not extend over any break in excess of six months.
The same principles apply if an employee who has been
relieving in higher graded positions is subsequently appointed to a similarly
graded position, to determine salary and/or allowance in the new position.
H. Sydney Harbour
Bridge Allowance
A Works Supervisor who is employed on the maintenance of the
structure of the Sydney Harbour Bridge shall be paid an allowance as set out at
Item 13 of Table B, Rates - Allowances.
7. Protective
Clothing
Toll Personnel - Other than Toll Plaza Attendants
(1) Uniforms and protective
clothing shall be issued to such employees and on such a scale as is reasonably
required, and shall include for each employee:
One suit coat
Two pairs of trousers
Six white shirts
One woollen jumper
One belt
Two ties
One pair of shoes
One raincoat
(2) Employees
required to wear a uniform shall be responsible for maintaining such uniforms
in a clean and pressed condition and shall be paid an allowance of $8.00 per
week for care and cleaning of uniform clothing.
General - The Authority shall provide free of charge
such protective footwear, as necessary, which is reasonably expected to
adequately protect all employees in the workplace.
8. Conveyance
A. Employees on Duty
(1) Wherever
possible, when an Authority vehicle is not provided, employees shall travel by
the mode of public transport which affords the greatest economy. The full cost
of fares for such conveyance shall be met by the Authority.
Provided that:
(a) Where there is
no public transport service and a taxi, hire car or rented car has to be used,
the amount claimed must be supported by a receipt of payment for the service,
or the claim may be disallowed.
(b) When, subject
to prior approval, an employee uses a private conveyance, the equivalent cost
of rail fares (including sleepers) or fares by the recognised mode of public
transport to the location/s shall be allowed.
(c) Where air
travel is considered appropriate, prior approval must be obtained.
(d) When an
employee, subject to prior approval, uses a private conveyance for official
Authority business, the employee shall be reimbursed the transport allowance
rate as advised from time to time.
(2) An employee
will not be entitled to payment of fares for travel between their usual
permanent place of work (i.e. headquarters) and their usual permanent place of
residence. Provided that an employee
required to attend temporarily at another location which involves extra fares
shall be paid such fares (public transport) in excess of those usually incurred
between home and headquarters. Alternatively, when public transport presents
difficulties, an employee may, subject to prior approval, use a private
conveyance and be reimbursed at the specified journey rate, as advised from
time to time, less the amount of normal fares.
(3) Part B,
Travelling, Field and Lodging Allowances, of clause 6, Allowances, deals with
conveyance of an employee on periodic return to their headquarters.
(4) Part B of this
clause deals with conveyance of an employee and dependants upon transfer.
B. Employees and
Their Dependants Together With the Removal of Furniture
(1)
(a) Subject to the
provisions of paragraphs (b) and (c) of this subclause, this clause shall apply
to all transfers except:
(i) transfers
made at the request of an employee within two years of taking up duty at their
previous headquarters.
(ii) transfers to
a new headquarters within 34 km of an employee's previous headquarters; and
(iii) transfers by
reason of official misconduct.
(b) Where special
circumstances exist and the Authority so approves this clause shall apply to a
transfer coming within the meaning of subparagraphs (i) or (ii) of paragraph
(a) above.
(c) The provisions
of subclause (4) shall also apply to employees transferred under subparagraphs
(i), (ii) or (iii) of paragraph (a) of this subclause.
(2) When an
employee is transferred by the Authority to a different headquarters which
necessitates a change in place of residence involving removal of furniture and
effects, the expense of packing, removing, unpacking and transit insurance
thereon shall be paid by the Authority.
Storage charges, for the period prescribed in subclause (3), will also
be met.
Provided that:
Payment by the Authority for "all risk"
insurance shall be made for the total cost involved, but shall not exceed the
total cost which would be incurred by insuring the furniture and effects for an
amount set at Item 14 of Table B, Rates - Allowances. Where the insured value exceeds that amount, the matter is to be
referred to the Authority for consideration.
(3)
(a) Prior to
incurring expense approval shall be obtained for the removal of furniture and
effects and/or storage thereof up to a maximum of 8 weeks. Requests for
approval are to be accompanied by:
(i) an inventory
of the furniture and effects with the value and approximate volume thereof;
(ii) quotations
from carriers for the cost of removal; and
(iii) if
applicable, quotations for storage, limited to a maximum of 8 weeks from the
date of transfer of the employee to their new headquarters. The Authority's prior approval shall be
obtained for any extension of this period.
The quotations shall be obtained, where practicable,
from at least two reputable carriers, and are to show the cost of removal from
house to house, including packing and unpacking and the cost of "all
risk" insurance.
The employee concerned must enter into a contract for
the removal of the furniture and effects and the Authority will not be in any
case be responsible for any loss or damage to the furniture or effects in the
course of removal.
(b) An employee
who is transferred to or from a country office may be granted special leave as
follows:
(i) up to two
days for the purpose of preparation and supervision of packing of personal and
household effects prior to removal or to arrange storage; and
(ii) up to one day
for the combined purpose of cleaning the premises being vacated and/or
occupying and settling into the new premises.
(4) First class
rail warrants and sleeping berths where applicable shall be granted to
transferred employees and to their dependants. Other actual and necessary fares
incurred with respect to the most economical mode of public transport during
the journey shall also be allowed.
Provided that:
(a) Where an
employee elects to use their private vehicle the employee shall be paid a car
allowance at the official business rate prescribed from time to time;
(b) Any time
occupied on the journey in working hours in excess of what would have been
occupied had the journey been made by the quickest practicable public surface
transport route shall be deducted from the employee's recreation leave or be
granted as leave without pay;
(c) Travelling
allowances payable under clause 6, Allowances, to employees shall be limited to
those payable if the quickest practicable route referred to had been followed.
(5) An employee,
during the transit of their furniture and effects, whether accompanied by their
family or not, shall be entitled to claim Travelling, Field and Lodging
Allowances under the said clause 6 for the time necessarily spend in travelling
from the previous headquarters to the new headquarters.
Where it is necessary to lodge the employee’s family or
dependant relatives between leaving the previous headquarters and arriving at
the new headquarters, the employee shall be recouped, subject to production or
receipts, three-quarters of the actual and reasonable additional expenses so
incurred but not for a period exceeding one week.
When a receipt is submitted for joint accommodation
costs for the employee and family or dependant relatives, the family cost, for
the purposes of this clause, shall be determined by deducting from the total of
the accommodation account, plus an amount of $15.45 per day (or amount as may
be prescribed from time to time in Part
B, Travelling, Field and Lodging Allowances of clause 6 where reasonable actual
expenses are being claimed), an amount representing the single tariff rate, for
room only; then deducting the cost of meals for the employee concerned at the
rate prescribed in Part A, Meal Allowances of clause 6. (Three-quarters of the amount so assessed is
payable in terms of this clause.)
(6)
(a) Upon
retirement at a place other than the place of the employee's original
headquarters, an employee shall be entitled to be reimbursed the costs actually
and necessarily incurred in removing personal and household effects to a
location of the employee's choice, together with the cost of insuring the same
against damage in transit, provided:
(i) that the
maximum amount of such reimbursement shall be limited to that payable had the
employee moved to the place of their original headquarters on appointment to
the Authority; and
(ii) the
employee's relocation is effected within the period of 12 months following
their retirement.
(b) Upon the death
of an employee, the provisions referred to above shall apply to any claim made
by the widow or widower within a period of 12 months of the transferred
employee's death.
(c) The Authority
will be prepared to consider any claims by children or dependant relatives of
the deceased employee in similar circumstances but will require full
particulars as to the reasons for special consideration.
9. Leave
This clause applies to staff subject to the following
clauses:
Clause 10, Additional Conditions for Motor Registry and
Telephone Customer Centre Staff
Clause 11, Additional Conditions for DRIVES Help Desk
Staff
A. Generally
(1) Special Leave
- Further to Part C, Family and Community Service Leave of this clause, special
leave may be granted by the Authority having regard to all the circumstances
for which the leave is required, together with the length of service of the
employee.
(2) Examination
Leave - Subject to prior approval, leave of absence with pay at ordinary rates
may be granted for the time actually occupied in sitting for examinations
approved by the Authority, up to a maximum of five days in any one calendar
year, and for time necessarily spent in travelling to and from such
examinations.
(3) General
Provisions -
(a) When an employee
has been granted leave without pay covering a total period of absence from duty
of not more than two weeks, payment shall be made at ordinary rates for public
holidays occurring during such absence, provided that such public holidays fall
on days which would normally be working days.
(b) Where an
employee who is eligible for sick leave produces a satisfactory medical
certificate to the effect that they have been incapacitated for any period
whilst on recreation leave, or five consecutive working days or more whilst on
extended leave, they may be re-credited with an equivalent period of recreation
leave or extended leave, as the case may be, to the extent of the sick leave
taken. Provided that the foregoing provision
may be applied to extended leave taken prior to retirement but not to such
leave taken prior to resignation or termination of services or to recreation
leave taken prior to retirement, resignation or termination of services.
(c) For the
purposes of this clause, periods of absence other than leave of absence
approved by the Authority shall not be regarded as service.
(d) Except for
leave without pay taken as part of leave for maternity purposes, the leave of
absence expressed in these clauses shall be on the basis of a five-day working
week.
B. Compensatory
Travel Leave/Payment
(1) Employees are
entitled to claim ordinary-time payment or, if it is convenient to the
Authority, compensatory leave, when directed to travel (outside normal working
hours) on or in connection with official business in the following
circumstances;
(a) Where travel
is on a non-working day for time spent in travelling after 7.30 am;
(b) Where travel
is on a working day for time spent in travelling before their normal commencing
time or after their normal ceasing time, subject to the following conditions;
(i) the time
normally taken for the periodic journey from home to headquarters and return is
deducted from employees' travelling time (except on a non-working day);
(ii) periods of
less than a quarter of an hour on any day shall be disregarded;
(iii) travelling
time shall not include any period of travel between 11.00 pm on any one day and
7.30am on the following day where employees have travelled overnight and
accommodation has been provided for them;
(iv) travelling time
shall be calculated by reference to the time that might reasonably have been
taken by the use of the most practical and economic means of transport;
(v) travelling time
shall not include time spent in travelling on permanent transfer where the
transfer involves promotion which carries increased salary or where the
transfer is for disciplinary reasons or where the transfer is made at the
employee's request; or by ship on which meals and accommodation are provided.
(2) Where
employees qualify for compensatory leave or ordinary time payment they shall be
entitled to have any necessary waiting time treated as travelling time subject
to the following conditions:
(a) Where there is
no overnight stay with accommodation at a centre away from home or headquarters,
1 hour shall be deducted from the necessary waiting time between the time of
arrival at the centre and the commencement of duty, and 1 hour shall be
deducted from the necessary waiting time between the time of ceasing duty and
the time of departure for home or headquarters or another centre;
(b) Where
overnight accommodation is provided at a centre, any time from the completion
of arrival at the centre until departure for home or headquarters or another
centre shall not count as travelling time except;
(i) where duty is
performed on the day of such departure, any necessary waiting time (less 1
hour) from completion of such duty until departure shall be counted; and
(ii) where no duty
is performed on that day of such departure, necessary waiting time (less 1
hour) after the employee's normal commencing time until such departure shall be
counted.
(c) Payment for
travelling time and waiting time shall be at the employee's ordinary rate of
pay on an hourly basis calculated as follows:
Annual salary
|
x
|
7
|
=
|
1 day at normal hours of work
|
|
|
365.25
|
|
|
The rate of payment for travelling or waiting time on a
non-working day shall be the same as that applying to a working day.
(d) Employees that
are in receipt of a salary in excess of the rate applicable to the maximum rate
for USS Grade 7, plus $1.00 per annum shall be paid travelling time calculated
at the maximum rate for USS Grade 7, plus $1.00 per annum, as adjusted from
time to time.
(e) An employee
who receives an allowance for travel outside normal hours or whose salary
includes compensation for travel outside normal hours shall not be entitled to
compensatory leave or ordinary time payment for excess travelling and waiting
time.
(f) When an
employee stops on a journey to take a meal, the time spent in taking the meal
does not count for travelling compensation.
(g) The maximum
amount of compensatory leave or ordinary time payment which shall be granted in
any period of 24 consecutive hours is 8 hours.
(h) The decision
as to whether an employee is to receive leave or payment for travel time is the
prerogative of the functional manager.
C. Family and
Community Service Leave
(1) Employees may
be granted Family and Community Service Leave (FACSL):
for reasons related to family responsibility;
for reasons related to performance of community
service; or
in case of pressing necessity.
(2) The maximum
amount of FACSL that an employee may be granted at ordinary rates is:
two and a half days in the first 12 months of service;
or
five days in any period of two years after the first 12
months of service; or
one day for each completed year of service, less the
total amount of any FACSL or Short Leave already taken by the employee,
whichever is the greater.
(3) Part-time
employees are entitled to FACSL on a pro-rata basis, based on the number of
hours worked.
(4) Employees who
have exhausted their entitlements to FACSL may be granted additional FACSL up
to three days to cover the period necessary to arrange or attend the funeral of
a family member or relative as contained in 9I(3). Additional FACSL will be
granted on a discrete ‘per occasion’ basis.
(5) Employees
appointed to the RTA who have had immediate previous employment in the NSW
Public Sector may transfer their FACSL from their previous employer.
(6) Bereavement
entitlements for casual employees
(a) 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 (3) of Part I,
Carer’s Leave of this clause.
(b) The RTA 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) If required by
the RTA, the casual employee must establish the need to take leave, by
production of evidence, such as a death certificate or statutory declaration
providing details of the circumstances of death.
(d) The RTA shall
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause.
The rights of the RTA to engage or not engage a casual employee are
otherwise not affected.
D. Maternity Leave
(1) General
(a) Maternity
leave is available to all female employees (including casual employees who have
worked on a regular and systematic basis with the RTA for at least 12 months)
to enable them to take care of their new born child and retain their position
and return to work within a reasonable period of time after they have given
birth.
(b) An employee
who has been granted maternity leave and whose child is stillborn may elect to
take available sick leave instead of maternity leave.
(c) An employee
who has applied for or been granted maternity leave and whose pregnancy
terminates, must, as soon as practicable, notify the RTA of the termination and
the date on which it occurred.
(d) Where an employee
is on one form of leave and her child is born before the expected date of
birth, maternity leave commences from the date of birth of the child.
(2) Paid Maternity
Leave
Permanent and limited duration employees who have
completed at least 40 weeks continuous service prior to the expected date of
birth are entitled to paid maternity leave at their ordinary rate of pay for
(a) fourteen
weeks, or
(b) the period of
maternity leave taken,
whichever is the lesser period.
Leave may be taken at full pay, half pay or as a lump sum.
(3) Unpaid
Maternity Leave
(a) Pregnant
employees are entitled to maternity leave:
(i) on a
full-time basis for a period of not more than nine weeks prior to giving birth;
and
(ii) for a further
period ending not more than 12 months after the date of giving birth.
(b) Employees who
have been granted maternity leave may, with the permission of the RTA, take
leave after the date of birth:
(i) full-time for
a period not exceeding 12 months; or
(ii) part-time for
a period not exceeding two years; or
(iii) partly
full-time and partly part-time over a proportionate period of up to two years.
(4) The RTA shall
not fail to re-engage a regular casual employee (see section 53(2) of the
Industrial Relations Act 1996) because:
(a) the employee
or employee’s spouse is pregnant; or
(b) the employee
is or has been immediately absent on maternity leave.
The rights of the RTA in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
E. Adoption Leave
(1) General
(a) Employees are
entitled to adoption leave (including casual employees who have worked on a
regular and systematic basis with the RTA for at least 12 months) when they are
to be the primary care giver of an adopted child.
(b) Adoption leave
commences on the date that the employee takes custody of the child concerned,
whether that date is before or after the date on which a court makes an order
for the adoption of the child.
(c) Adoption leave
may be granted as either paid or unpaid.
(2) Paid Adoption
Leave
Permanent and limited duration employees who have
completed at least 40 weeks continuous service prior to the commencement of
adoption leave are entitled to paid at their ordinary rate of pay for:
(a) fourteen
weeks, or
(b) the period of
adoption leave taken,
whichever is the lesser period.
Leave may be taken at full pay, half pay or as a lump
sum.
(3) Unpaid
Adoption Leave
(a) Employees are
entitled to adoption leave for:
(i) a maximum
period of 12 months where the child has not commenced school; or
(ii) a period as
the RTA determines, up to a maximum of 12 months if the child has commenced
school.
(b) Employees who
have been granted adoption leave may also, with the permission of the RTA, take
leave:
(i) part-time for
a period not exceeding two years; or
(ii) partly
full-time and partly part-time over a proportionate period of up to two years.
(4) The RTA shall
not fail to re-engage a regular casual employee (see section 53(2) of the Industrial
Relations Act 1996) because the employee is or has been immediately absent
on adoption leave. The rights of the
RTA in relation to engagement and re-engagement of casual employees are not
affected, other than in accordance with this clause.
F. Parental Leave
(1) General
(a) Employees who
are not entitled to maternity or adoption leave (including casual employees who
have worked on a regular and systematic basis with the RTA for at least 12
months) may be entitled to parental leave for a period of up to 12 months, to
enable parents to share in the responsibility of caring for their young
children.
(b) Parental leave
may commence at any time up to two years after the date of birth of a child or
the date of placement of an adopted child.
(c) Parental leave
is granted without pay except as provided in paragraph (2) of this subclause.
(2) Paid Parental
Leave
(a) Permanent and
limited duration employees who have completed at least 40 weeks continuous
service prior to the commencement of parental leave are entitled to be paid at
their ordinary rate of pay for:
(i) One week on
full pay, or
(ii) Two weeks on
half pay.
(b) The period of
paid leave does not extend the current entitlement of up to 12 months leave,
but is part of it.
(3) Taking Of
Parental Leave
Employees who have been granted parental leave may,
with the permission of the RTA, also take leave:
(a) part-time over
a period not exceeding two years; or
(b) partly
full-time and partly part-time over a proportionate period of up to two years.
(4) The RTA shall
not fail to re-engage a regular casual employee (see section 53(2) of the Industrial
Relations Act 1996) because the employee is or has been immediately absent
on parental leave. The rights of the
RTA in relation to engagement and re-engagement of casual employees are not
affected, other than in accordance with this clause.
FA. Communication
During Maternity, Adoption and Parental Leave
(1) Where an
employee is on maternity, adoption or parental leave and a definite decision
has been made to introduce significant change at the workplace, the RTA shall
take reasonable steps to:
(a) 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 maternity, adoption or parental leave; and
(b) 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 maternity, adoption or parental leave.
(2) The employee
shall take reasonable steps to inform the RTA about any significant matter that
will affect the employee’s decision regarding the duration of maternity,
adoption or parental leave to be taken, whether the employee intends to return
to work and whether the employee intends to request to return to work on a
part-time basis.
(3) The employee
shall also notify the RTA of changes of address or other contact details which
might affect the RTA’s capacity to comply with subclause (1) of this Part.
FB. Rights of Request
During Maternity, Adoption Or Parental Leave
(1) An employee
entitled to maternity, adoption or parental leave may request that the RTA
allow the employee:
(a) To extend the
period of unpaid maternity, adoption or parental leave for a further continuous
period of leave not exceeding 12 months;
(b) To return from
a period of maternity, adoption or parental leave on a part-time basis until
the child reaches school age;
to assist the employee in reconciling work and parental
responsibilities.
(2) The RTA 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 RTA’s business. Such grounds might include cost, lack of adequate replacement
employees, loss of efficiency and the impact on customer service.
(3) The employee’s
request and the RTA’s decision to be in writing.
The employee’s request and the RTA’s decision made
under subclause (1) of this Part must
be recorded in writing.
(4) Request to
return to work part-time.
Where an employee wishes to make a request under
paragraph (b) of subclause (1) of this Part, such a request must be made as
soon as possible but no less than seven weeks prior to the date upon which the
employee is due to return to work from maternity, adoption or parental leave.
G. Resumption of Duty
After Maternity, Adoption Or Parental Leave
Employees who return to work immediately after the
expiration of maternity, adoption or parental leave, are entitled to be placed
in:
(1) The position
they held immediately prior to the taking of leave, if the position still
exists; or
(2) Another
position for which they are qualified, subject to availability, if the position
they held immediately prior to the taking of leave no longer exists.
H. Annual Recreation
Leave of Absence
(1) Annual
recreation leave shall accrue to an employee at the rate of one and two-thirds
days per month, from date of appointment, provided that:
(a) Recreation
leave shall not accrue during any period that an employee is absent without pay
if the period of absence exceeds 28 consecutive days. Deductions under this
paragraph shall be made in the ratio the number of days absent bears to 261
days. For the purpose of calculation, a fraction of less than one half day
shall not count.
(b)
(i) Where
employees whose services have been satisfactory, resign, retire or have their
services otherwise terminated (except by death), the monetary value of
recreation leave due as at the last day of duty will be paid as a gratuity on
ceasing duty.
The last day of duty will be the last day of service
where recreation leave is paid as a gratuity and further recreation leave will
not accrue from that date.
The money value of the leave is calculated for the
period over which the leave would run had it been granted as recreation leave
commencing from the first working day after cessation of employment, and
includes any public holiday occurring in that period.
(The procedure under this paragraph (i) will not apply
to any employee, whether a resignation has been tendered or not, whose services
have been under adverse notice for any reason or who is under bond. Such cases
will be viewed separately).
(ii) As an
alternative, employees may elect to take either the whole or part of recreation
leave due at the last day of duty as leave, instead of as a lump sum payment in
lieu of leave (i.e. it shall be regarded as service for the accrual of
recreation leave) and the last day of service will be the date upon which
recreation leave, taken as leave in lieu of a lump sum payment, would have
expired. Payment of the monetary value
of such leave will be made at the last day of duty and will be taxed as normal
salary. In addition, increments which fall due in the period covered by the
extension of recreation leave after the last day will be paid to employees
subject to the employee's services being satisfactory prior to resignation.
This procedure will not apply where recreation leave is paid as a gratuity.
(2) An employee
shall be entitled to be paid in advance for salary payable to them in respect
of the period for which recreation leave has been approved.
(3) Limits on
accumulation and direction to take leave:
(a) Employees must
take at least two consecutive weeks of recreation leave every 12 months, unless
otherwise approved in special circumstances.
(b) Where
operational requirements permit, the wishes of the employee will be taken into
account on the time such leave is taken.
(c) The RTA will
notify an employee in writing when accrued recreation leave reaches six
weeks. Employees may be directed to
take at least two weeks recreation leave within three months of the
notification at a time convenient to the RTA.
(d) The RTA will
notify employees when accrued recreation leave reaches eight weeks. Employees
will be directed to take at least two weeks recreation leave within six weeks
of the notification at a time convenient to the RTA.
(4) Any employee
who is in receipt of the climatic allowance prescribed in clause 6, Allowances,
or is stationed at Parkes, Forbes, Griffith, Leeton, Dubbo, Wagga Wagga,
Narrandera, West Wyalong, Finley or Deniliquin shall receive additional
recreation leave at the rate of five days per annum accruing monthly.
(5)
(a) An employee
shall be granted an annual leave loading equivalent to 17½ per cent of four weeks salary on a maximum
salary of USS Grade 11.
(b) The annual
leave loading shall be granted to employees subject to the following
conditions:
(i) The full
entitlement to the loading on annual leave that an employee has accrued over
the previous leave year will be paid on the first occasion after December 1 in
any year an employee takes sufficient recreation leave to permit them to be
absent from duty for at least two consecutive weeks. The loading will apply only to leave accrued in the year ending
on the preceding 30 November, up to a maximum of four weeks.
(ii) In the event
of no such absence occurring by 30 November of the following year, an employee
(provided they are still employed) will be paid the monetary value of the
annual leave loading payable on leave accrued as at 30 November of the previous
leave year.
(iii) Shift Workers
- Unless determined otherwise, shift workers proceeding on annual leave are to
be paid in respect of leave taken in any period of 12 months commencing 1
December, shift premiums and penalty rates (or other allowance paid on a
regular basis in lieu thereof) they would have received had they been on duty
or the 17 1/2 percent annual leave loading as herein prescribed, whichever is
the more favourable. Payment of shift
premiums and penalty rates shall not be made for public holidays which fall on
a seven-day shift worker's rostered day off. In the case of seven-day
continuous shift workers, the 17 1/2 per cent annual leave loading is to be
calculated on the basis of 17 1/2 per cent of five weeks ordinary salary.
(iv) If an employee
is eligible to receive more favourable conditions than those set out herein,
such conditions shall apply.
(v) Upon voluntary
separation (i.e. retirement) or termination of services by the Authority for
any reason other than misconduct, an employee who has not taken recreation
leave qualifying them for payment of the annual leave loading since the
preceding 1 December shall be paid the loading, which would have been payable
had such leave been taken.
(vi) The annual
leave loading is not payable when an employee is granted recreation leave to
his credit, or the monetary value thereof, on resignation or dismissal for
misconduct.
(vii) Broken service
during a year does not attract the annual leave loading, e.g., if an employee
resigns and is subsequently re-employed during the same year, only the service
from the date of re-employment attracts the annual leave loading, subject to
the foregoing conditions.
(c) The rate of
payment of the annual leave loading will be based on leave accrued to 30 November
of the previous leave year (to maximum of four weeks) and will be calculated on
the salary rate paid for the leave when taken, i.e., new rates granted by
award, or State Wage Case decision,
unless otherwise prescribed and, if necessary, retrospective adjustment of the
loading will be made. Where payment is
made as at 30 November, because no period of two weeks leave has been taken
during the year, the payment will be calculated at the rate applicable as at
that date.
(d) Provided
adequate notice is given the annual leave loading will be paid prior to entry
on leave and normally at the same time as the advance of salary.
I. Carer’s Leave
(1) General
(a) Employees will
be able to elect to use available paid sick leave, subject to the conditions
specified in this subclause, to provide care and support when a family member
is ill.
(b) Employees will
be entitled to Carer's Leave when:
(i) their
entitlements to Family and Community Service Leave is exhausted; and
(ii) they are the
primary care-giver of a category of person set in subclause (3) of this Part.
(c) Carer's leave
is only available for employees to care for people mentioned in subclause (3)
of this Part where the illness is sudden or short term.
(2) Taking Of
Carer's Leave
(a) Sick leave will
initially be taken from the current year's entitlement, followed by the sick
leave accumulated over the previous three years.
(b) In special
circumstances, the RTA may grant additional sick leave from the sick leave
accumulated during the employee’s eligible service.
(c) If required by
the RTA, employees must establish by production of a medical certificate or
statutory declaration, the illness of the person concerned.
(3) Categories of
People for Which Carer's Leave can be Obtained
Employees will be entitled to Carer's Leave for the
care and support of their ill:
(a) spouse;
(b) defacto
spouse, being a person of the opposite sex who lives in the same house as their
husband or wife on a bona fide basis, although they are not legally married;
(c) child or adult
child (including an adopted child, step child, foster child or ex-nuptial
child);
(d) parent
(including a foster parent or legal guardian);
(e) grandparent or
grandchild;
(f) sibling
(including the sibling of a spouse or de facto spouse);
(g) same sex
partner who they live with as a de facto partner on a bona fide domestic basis;
or
(h) relative who
is a member of the same household where, for the purposes of this definition -
(i) 'relative'
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
(ii) 'affinity'
means a relationship that one spouse or partner has to the relatives of
another; and
(iii) 'household'
means a family group living in the same domestic dwelling.
(4) Other forms of
leave and carer’s responsibilities
An employee may elect, with the RTA’s agreement, to
take annual leave at any time within a period of 24 months from the date at
which it falls due.
(5) Personal
Carers Entitlement for casual employees
(a) 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 (3) of this Part who are
sick and require care due to an unexpected emergency, or the birth of a child.
(b) The RTA 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) If required by
the RTA, the employee must establish, by production of a medical certificate or
statutory declaration, the illness of the person concerned.
(d) The RTA shall
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause.
The rights of the RTA to engage or not to engage a casual employee are
otherwise not affected.
J. Extended Leave
(1) General
Extended leave for employees is provided for by
Schedule 5 of the Transport Administration Act 1988.
(2) Extended Leave
Entitlements
(a) An employee
who has completed 10 years of continuous service with the RTA, or as recognised
in accordance with subparagraphs (e) and (f) of this subclause, is entitled to
extended leave of:
44 working days at full pay, or
88 working days at half pay, or
22 working days at double pay.
(b) For each
additional calendar year of service completed in excess of 10 years, employees
accrue 11 working days extended leave.
(c) From 1 January
2005, employees who have completed at least 7 years of continuous service with
the RTA, or as recognised in accordance with subparagraphs (e) and (f) below,
are entitled to access the extended leave accrual indicated in subparagraph (a)
above on a pro rata basis of 4.4 working days per completed year of service.
(d) Employees who
are employed part-time, or as a casual with a regular and consistent pattern of
employment with the RTA, are entitled to extended leave on the same basis as
that applying to a full-time employee but payment for the leave is calculated
on a pro rata basis.
(e) All previous
full-time and part-time service with the RTA, the former Department of Main
Roads, Department of Motor Transport or the Traffic Authority is to be taken
into account as service when determining the appropriate rate of accrual of
extended leave for employees employed on a full-time or part-time basis with
the RTA.
(f) Permanent
service with other NSW government bodies will also be recognised by the RTA in
accordance with Schedule 3A of the Public Sector Employment and Management
Act 2002 (NSW)
(g) Nothing in
subparagraphs (e) or (f) of this subclause entitles an employee to payment for
previous service recognised where the accrual for that service has previously
been taken as leave or paid out on termination.
(3) Effect of
Approved Leave Without Pay (LWOP) on Extended Leave Entitlements
(a) To determine
if an employee has completed the required 10 years of service:
(i) Any period of
approved leave taken without pay before 13 December 1963 counts as service to
determine whether or not an employee has completed 10 years of service.
(ii) Any period of
approved LWOP taken without pay after 13 December 1963 does not count as service
to determine whether or not an employee has completed 10 years of service.
(b) Where an
employee has completed 10 years continuous service with the RTA, or as
recognised in accordance with paragraphs (2)(e) and 2(f) of this Part, approved
LWOP for the reasons listed below counts as service for extended leave accrual:
(i) Military
service (eg Army, Navy or Air Force);
(ii) Major
interruptions to public transport;
(iii) Periods of
leave accepted as workers compensation.
(c) For an
employee who has completed 10 years continuous service, or as recognised in
accordance with paragraphs (2)(e) and 2(f) of this Part, any period of approved
leave without pay not exceeding 6 months counts for the purpose of calculating
the length of service.
(4) Payment and
Taking of Extended Leave
(a) Subject to RTA
approval, extended leave may be taken:
(i) at a time
convenient to the RTA;
(ii) for a minimum
period of one hour;
(iii) at full pay,
half pay or double pay.
(b) If an employee
takes leave at double pay:
(i) The
employee’s extended leave balance will be debited for the actual number of
working days/hours of leave at full pay plus the equivalent number of working
days/hours at full pay necessary to make up the additional payment;
(ii) The
additional payment is made as a taxed, non superable allowance, with the
exception of payment to members of First State Super or another complying fund
of their choice for whom the additional payment is superable;
(iii) All leave
entitlements will accrue on the actual number of working days absent from work
on extended leave.
(c) If an employee
takes leave at half pay:
(i) The
employee’s extended leave balance will be debited at the rate of half the
days/hours taken as extended leave;
(ii) Recreation
leave entitlements will accrue at half the ordinary rate for the actual number
of working days absent from work;
(iii) All other
leave entitlements will accrue based on the actual number of working days
absent from work on extended leave.
(d) If an
employee’s ordinary hours of work are constant, payment is made at the current
rate of pay.
(e) Where an
employee is part-time or casual and the employee’s ordinary hours are not
constant, payment is made based on the substantive rate of pay averaged over:
(i) the past 12
months, or
(ii) the past 5
years
whichever is the greater.
(f) Payment
includes all allowances in the nature of salary but does not include any
amounts normally paid for shift work, overtime or penalty rates.
(g) Payments will
be increased to reflect any increment action an employee becomes eligible for
while absent on extended leave.
(h) An employee
who takes extended leave whilst in service may choose to be paid fortnightly or
in one lump sum in advance of taking the leave.
(5) Sick leave
while on Extended Leave
(a) An employee is
only entitled to claim sick leave that occurs during an absence on extended
leave when sick for five or more consecutive working days.
(b) To claim sick
leave, an employee must provide a medical certificate for the period claimed as
soon as possible.
(c) If sick leave
is approved, the employee’s extended leave balance is re-credited with:
(i) the
equivalent period of sick leave if taking leave on a full or half pay basis; or
(ii) the
equivalent period of sick leave and the extra amount of extended leave
entitlement accessed to make up the double pay allowance if taking leave on a
double pay basis.
(d) If extended
leave is taken at double pay, the RTA will recoup any allowance already paid
for the period being claimed as sick leave.
(e) These sick
leave provisions apply if an employee takes extended leave prior to retirement
but not extended leave prior to resignation or termination of services.
(6) Public
Holidays while on Extended Leave
(a) The days set
out in clause 16, Public Holidays and Bank Holiday, of this award that fall
while an employee is absent on extended leave are not recognised as extended
leave and are not deducted from the employee’s extended leave balance.
(b) Payment due
for the days set out is calculated on the employee’s ordinary hours of work and
paid at single time, even if the employee has chosen to take extended leave at
half-pay or double pay.
(7) Payment or
Transfer of Extended Leave on Termination
(a) An employee,
who is entitled to extended leave on termination of service, including
retirement, is paid the monetary value of the leave as a gratuity, in lieu of
taking the leave.
(b) If an employee
is employed on a full-time basis, payment is calculated at the substantive rate
of pay on the last day of service.
(c) If an employee
is employed on a part-time or casual basis, payment is calculated as per
paragraph (4)(e) of this Part.
(d) Employees who
have at least five years’ service but less than seven years’ service are paid a
pro-rata of the extended leave entitlement if employment is terminated:
(i) by the RTA
for any reason other than serious and intentional misconduct;
(ii) by the
employee in writing on account of illness, incapacity or domestic or other
pressing necessity; or
(iii) on
retirement.
(e) In the event
of paragraph (d) of this subclause above applying, any period of leave without
pay taken does not count as service.
(f) An employee
who resigns to join another Government Department recognised by Schedule 3A of the
Public Sector Employment and Management Act 2002 (NSW) is entitled to
have their extended leave accrual accepted by the new employer.
K. Sick Leave
(1) Where it is
established that leave is necessary on account of ill health, an employee may
be granted leave of absence with pay at ordinary rates as follows:
(a) Ordinary Sick
Leave - In each sick leave year, and subject to compliance with instructions
regarding notifications, completion of applications and submission of medical
certificates: 15 full days with full pay.
(b) Additional
Special Sick Leave - An additional period of sick leave may be granted in the
following circumstances:
the person has 10 or more years of service;
the person has been or will be absent for more than
three months; and
the person has exhausted or will exhaust available paid
sick leave.
The additional period of sick leave may be granted on
the basis of one month for each completed 10 years of service plus 10 calendar
days, less all Additional Special Sick Leave taken during service.
(2)
(a) Any employee
absent on account of sickness for any period of three days or less, shall, if
called upon by the Authority to do so, submit a medical certificate showing the
nature of the employee’s illness.
(b) Any employee
absent on account of sickness for more than three days shall, as soon as
practicable after the expiry of such three days, submit a medical certificate
showing the nature of the illness and the probable duration thereof, unless
exempted from so doing.
(c) In the case of
extended absence, an employee may be required to furnish fresh medical
certificates each week or submit to an examination by a medical practitioner
nominated by the Authority.
(3) Additional
grants will be made to ex-servicemen with war-caused disabilities accepted by
the Department of Veterans' Affairs as follows:
Employees who are ex-services personnel and who have an
accepted war caused disability are entitled to an additional annual entitlement
of 15 days per calendar year non-cumulative.
This additional grant of leave is separate from the normal annual
entitlement.
NB. A war caused disability is an injury or illness
resulting from armed service in a Recognised War Zone (All World War II service
is recognised).
Injuries or illnesses resulting directly or indirectly
from service in the armed forces but not in a war zone are not regarded as war
caused disabilities and as such this additional sick leave should not be
granted.
The Department of Veterans Affairs should be contacted
to determine whether the injury or illness was as a result of service in a war
zone.
10. Additional
Conditions for Motor Registry and Telephone Customer Service Centre Staff
A. Hours of Duty
(1) Spread of
Hours
The ordinary hours of duty shall be within the spread
of hours as follows:
Monday to Friday
|
7.50 am to 5.20 pm
|
Saturday
|
8.20 am to 4.20 pm
|
No employee shall be required to work more than five
consecutive hours without a meal break.
A meal break shall be for a minimum of 30 minutes duration.
(2) Change of
Hours within the Spread of Hours
Any change to the trading hours of a Motor Registry or
Telephone Customer Service Centre within the spread of hours as set out in
subclause (1) of this Part shall be subject to the following Consultative
Process:
(a) The Authority
shall notify the Association in writing of any change to trading hours at least
six weeks in advance of the date on which the change is proposed to take place.
(b) The
Association shall be given two weeks in which to provide any written comments
on the proposed change.
(c) Following
consideration of any comments received, the Authority shall notify the
Association in writing of the full details of its decision including the
reasons for making such decision.
(3) Standard Hours
of Work
Full time employees
The ordinary hours of duty for full-time employees
shall be worked over a two week roster cycle of 70 hours within the spread of
hours in subclause (1) of this Part.
Full-time employees, in a motor registry or Telephone
Customer Service Centre which trades on Saturdays, that are rostered to work
one Saturday in two, shall work nine days during the two week roster cycle.
Provided that full time employees will, with the agreement of the Authority, be
able to work ten days including Saturdays during the roster cycle.
Full-time employees shall not be required to work more
than five consecutive days during the roster cycle.
Subject to Part C, Rosters, of this clause, any other
change to the days worked or the span of hours will be by agreement between the
Authority and the employee.
The minimum hours to be worked by full-time employees
on a Saturday shall be four.
Part time employees
The minimum ordinary hours of duty to be worked by
part-time employees shall be fifteen hours per week. Part-time employees can agree
to work additional ordinary hours of duty.
The maximum ordinary hours that may be worked by part-time employees
shall be 35 hours per week. The hours
of duty shall be worked within the spread of hours, as set out in subclause (1)
of this Part. The hours of work shall
be recorded in writing between staff and the Authority and advised to the
employee in advance in accordance with subclause (1) of Part C, Rosters of this
clause.
The minimum hours to be worked by part-time employees
per engagement, including Saturdays shall be three.
Part-time employees shall not be required to work more
than five consecutive days in any fortnight roster cycle. Part-time employees shall not be required to
work more than one Saturday in two except by mutual agreement.
Part-time employees are engaged for specified days, and
specified minimum hours per week within specified spans of hours. The Authority can change the hours worked
within the specified span by giving one months notice. For the purposes of this paragraph specified
span of hours shall mean the band of ordinary hours of duty that the part-time
employee has agreed to work.
Notwithstanding the days specified part time employees
may be required to work on Saturdays. In the event that a part-time employee is
so required the specified days and/or the hours on the specified days will be
reduced accordingly to retain the specified hours as a minimum.
Subject to Part C, Rosters, of this clause, any other
change to the days worked or the span of hours will be by agreement between the
Authority and the employee. The employee can require up to three months between
the agreement to change the specified span of hours or days and the
implementation of the change.
Casual employees
Casual employees shall work on an hourly basis for a
minimum of three hours per engagement within the spread of hours, as set out in
subclause (1) of this Part.
Casual employees shall not be required to work more
than five consecutive days under any contract of employment
B. Part-Time and Casual Rates
(1) Part-time
employees shall be paid an hourly rate equal to the appropriate weekly rate
divided by 35.
(2) Casual
employees shall be paid an hourly rate equal to 1.17 x the Monday to Friday
ordinary hourly rate of pay for the first year of the classification in which
they are employed, except for Registry Services Officers 21 years of age and
over who shall be paid the fourth year of that classification.
C. Rosters
(1) Rosters will
be based on fortnightly periods and published monthly in advance. Rosters will be posted in a position
accessible to employees.
(2) In the event
of an emergency the hours of work and/or the rostered starting and finishing
times on any one day may be changed.
(3) Where less
than seven days notice is given by the Authority of a change to a roster by
deleting or reducing the hours of a rostered day, any loading applicable to the
original roster shall be paid in addition to the payment applicable to the work
performed.
(4) Mutual
exchanges of rostered days between employees shall be subject to the
Authority's prior agreement.
(5) Where
employees are rostered in such a fashion that the days on which they are
rostered to work fluctuate from week to week, an employee rostered off work on
a public holiday being a day on which the employee usually works shall be paid
by mutual agreement between the Authority and the employee in one of the
following methods:
(a) payment of an
additional day's salary;
(b) addition of
one day to the employee 's annual holidays;
(c) an alternate
day off with pay within 28 days after the public holiday falls, or during the
week prior to the public holiday.
Provided that for this subclause "day" is the
number of hours the employee would have worked were the employee rostered on
that day.
(6) The Authority
can, on up to three Saturdays each calendar year, require employees to attend a
training session after trading hours and within the spread of hours as set out
in subclause (1) of Part A,- Hours of Duty of this clause. The time spent on
training will be adjusted as part of the employee’s ordinary hours. The
employee will be rostered off for one equivalent block of hours during that
roster cycle or during either of the next two roster cycles.
D. Loadings for Certain Ordinary Hours
(1) Payment for
all ordinary hours of duty Monday to Friday shall be at the ordinary salary
rate.
(2) For full-time
and part-time employees payment for all ordinary hours of duty on Saturday
shall be at the ordinary salary rate plus 50 per cent. For casual employees the
payment for all ordinary hours of duty on Saturday shall be 1.66 times the
Monday to Friday ordinary hourly rate for the first year of the classification
in which they are employed, except for Registry Services Officers 21 years of
age and over who shall be paid the fourth year of that classification.
(3) Where
part-time employees work in excess of the rostered hours for a day and within
the spread of ordinary hours of duty as set out in paragraph 1 of Part A -
Hours of Duty of this clause, Monday to Friday, payment for time worked in
excess of the rostered hours shall be made at the ordinary hourly rate.
(4) Where
part-time employees are required to work in excess of the rostered hours on a
Saturday - but within the spread of ordinary hours of duty for Saturday, as set
out in subclause (1) of Part A,- Hours of Duty of this clause, a loading of 50%
as prescribed in subclause (2) of this Part shall apply.
E. Overtime
(1) Full-time
employees shall be paid overtime for all time worked:
(a) outside the
spread of ordinary hours of duty as set out in subclause (1) of Part A, Hours
of Duty of this clause.
(b) before or
after the daily ordinary hours of duty set out in the roster described in the
provisions of Part C - Rosters of this clause and worked within the spread of
hours of duty set out in subclause (1) of Part A, Hours of Duty of this clause.
(2) Part-time
employees and casual employees shall be paid overtime for all time worked:
(a) outside the
spread of ordinary hours of duty as set out in subclause (1) of Part A, Hours
of Duty of this clause
(b) in excess of
35 hours per week.
(3) Where
employees are rostered on six consecutive days, work within the spread of
ordinary hours of duty on the sixth day shall be paid at the overtime rate, and
does not include loading in accordance with Part D, Loadings for Certain
Ordinary Hours of this clause.
F. Leave
All leave taken by employees shall be debited on the basis
of the number of hours usually rostered for the day on which the leave is taken.
11. Additional
Conditions for Drives Help Desk Staff
A. Hours of Duty
(1) Spread of
Hours:
The ordinary hours of duty shall be within the spread
of hours as follows:
Monday to Friday
|
7.50 am to 5.20 pm
|
Saturday
|
8.20 am to 4.20 pm
|
No employee shall be required to work more than five
consecutive hours without a meal break.
A meal break shall be for a minimum of 30 minutes
duration.
(2) Change of
Hours within the Spread of Hours:
Any change to the trading hours of the DRIVES Help Desk
within the spread of hours as set out in subclause (1) of this Part shall be
subject to the following consultative process:
(a) The Authority
shall notify the Association in writing of any change to trading hours at least
six weeks in advance of the date on which the change is proposed to take place.
(b) The
Association shall be given two weeks in which to provide any written comments
on the proposed change.
(c) Following
consideration of any comments received, the Authority shall notify the
Association in writing of the full details of its decision including the
reasons for making such decision.
(3) Standard Hours
of Work:
Full time employees
The ordinary hours of duty for full-time employees
shall be worked over a two week roster cycle of 70 hours within the spread of
hours in subclause (1) of this Part.
Full-time employees that are rostered to work one
Saturday in two, shall work nine days during the two week roster cycle.
Provided that full time employees will, with the agreement of the Authority, be
able to work ten days including Saturdays during the roster cycle.
Full-time employees shall not be required to work more
than five consecutive days during the roster cycle.
Subject to Part C, Rosters of this clause, any other
change to the days worked or the span of hours will be by agreement between the
Authority and the employee.
The minimum hours to be worked by full-time employee on
a Saturday shall be four.
Part time employees
The maximum ordinary hours that may be worked by
part-time employees shall be 35 hours per week. The hours of duty shall be worked within the spread of hours, as
set out in subclause (1) of this Part.
The hours of work shall be recorded in writing between the employees and
the Authority and advised to employees in advance in accordance with subclause
(1) of Part C, Rosters of this clause.
Part-time employees may be required to work additional ordinary hours of
duty.
The minimum hours to be worked by part-time employees
per engagement, including Saturdays shall be three.
Part-time employees shall not be required to work more
than five consecutive days in any fortnight roster cycle and shall not be
required to work more than one Saturday in two except by mutual agreement.
Part-time employees are engaged for specified days, and
specified minimum hours per week within specified spans of hours. The Authority can change the hours worked
within the specified span by giving one months notice. For the purposes of this paragraph specified
span of hours shall mean the band of ordinary hours of duty that the part-time
staff member has agreed to work.
Subject to Part C, Rosters of this clause, any other
change to the days worked or the span of hours will be by agreement between the
Authority and the employee. The
employee can require up to three months between the agreement to change the
specified span of hours or days and the implementation of the change.
B. Part-Time Rates
Part-time employees shall be paid an hourly rate equal to
the appropriate weekly rate divided by 35.
C. Rosters
(1) Rosters will
be based on fortnightly periods and published monthly in advance. Rosters will
be posted in a position accessible to employees.
(2) In the event
of an emergency the hours of work and/or the rostered start and finishing times
on any one day may be changed.
(3) Where less
than seven days notice is given by the Authority of a change to a roster by
deleting or reducing the hours of a rostered day, any loading applicable to the
original roster shall be paid in addition to the payment applicable to the work
performed.
(4) Mutual
exchanges of rostered days between employees shall be subject to the
Authority's prior agreement.
(5) Where
employees are rostered in such a fashion that the days on which they are
rostered to work fluctuate from week to week, an employee rostered off work on
a public holiday being a day on which the employee usually works shall be paid
by mutual agreement between the Authority and the employee in one of the
following methods:
(a) payment of an
additional day's salary;
(b) addition of
one day to the employee's annual holidays;
(c) an alternate
day off with pay within 28 days after the public holiday falls, or during the
week prior to the public holiday.
Provided that for this subclause "day" is the
number of hours the employee would have worked were the employee rostered on
that day.
D. Loadings for
Certain Ordinary Hours
(1) Payment for
all ordinary hours of duty Monday to Friday shall be at the ordinary salary
rate.
(2) Payment for
all ordinary hours of duty on Saturday shall be at the ordinary salary rate
plus 50%.
(3) Where
part-time employees work in excess of the rostered hours for a day and within
the spread of ordinary hours of duty as set out in subclause (1) of Part A,
Hours of Duty of this clause. Monday to Friday, payment for time worked in
excess of the rostered hours shall be made at the ordinary hourly rate.
(4) Where
part-time employees are required to work in excess of the rostered hours on a
Saturday - but within the spread of ordinary hours of duty for Saturday, as set
out in subclause (1) of Part A, Hours of Duty of this clause, a loading of 50%
as prescribed in (ii) above shall apply.
E. Overtime
(1) Full-time
employees shall be paid overtime for all time worked:
(a) outside the
spread of ordinary hours of duty as set out in subclause (1) of Part A, Hours
of Duty of this clause.
(b) before or
after the daily ordinary hours of duty set out in the roster described in the
provisions of Part C, Rosters of this clause and worked within the spread of
hours of duty set out in subclause (1) of Part A, Hours of Duty of this clause.
(2) Part-time
employees shall be paid overtime for all time worked:
(a) outside the
spread of ordinary hours of duty as set out in subclause (1) of Part A, Hours
of Duty of this clause
(b) in excess of
35 hours per week.
(3) Where
employees are rostered on six consecutive days, work within the spread of
ordinary hours of duty on the sixth day shall be paid at the overtime rate, and
does not include loading in accordance with Part D, Loadings for Certain
Ordinary Hours of this clause.
12. Additional
Conditions for Traffic Operations Control Staff
A. Definitions
For the purpose of this clause:
‘TMC’ shall mean the Transport Management Centre
‘TOCS’ shall mean employees employed by the Authority
as Traffic Operations
Control Staff in the Traffic Operations Unit of the
Transport Management Centre.
‘Continuous Work’ means work carried on with
consecutive shifts of TOCS throughout the 24 hours of each of 7 consecutive
days without interruption except during breakdowns or meal breaks or due to
unavoidable causes beyond the control of the Authority.
B. Hours of Work
(1) Ordinary Hours
The ordinary hours of work shall be 35 per week.
(2) Full-Time
Employees
TOCS shall be continuous shift workers. The ordinary
hours of work shall be 70 hours worked over a 2 week roster cycle. TOCS shall
work on either a 7 hours 44 minutes or 11 hours 40 minutes shift basis which
shall be worked in accordance with shifts as rostered.
When rostered for 7 hours 44 minutes shifts during a
roster cycle full time TOCS shall not be required to work more than five
consecutive days in any seven day period.
When rostered for 11 hours and 40 minutes shifts during
a roster cycle full time TOCS shall not be required to work more than three
days in any seven day period.
(3) Where TOCS are
rostered to work 11 hours 40 minutes shifts:
(a) They shall be
entitled to a rest break of at least 10 hours between the cessation of an
ordinary rostered shift and the commencement of the next ordinary rostered
shift. Where TOCS have not observed a
rest break of at least 10 hours prior to the commencement of the next ordinary
shift, they shall be paid at the rate of double time calculated at the ordinary
salary rate until such time as TOCS are released from duty.
(b) They shall not
be required to be on duty for more than 14 consecutive hours. After being on
duty for 14 consecutive hours TOCS shall take a rest break of at least 4
consecutive hours and where TOCS are directed to resume work without having a
rest break of 10 consecutive hours, payment shall be at the rate of double time
until they are released from duty for 10 consecutive hours. Any rostered working time occurring during
such absence shall be paid for at the ordinary rate of pay.
(4) Part-Time
Employees
(a) The minimum
number of hours to be worked by part-time TOCS shall be 25 hours per week. The hours of work shall be rostered on a 5
hour shift basis, morning and/or afternoon, over a 5 day working week, Monday
to Friday and shall be worked in accordance with shifts as rostered.
(b) The maximum
number of ordinary hours that may be worked shall be 7 hours per shift or 35
hours per week.
(c) Where
additional hours are worked in excess of the minimum hours as set out in
paragraph (a) of this subclause part-time staff shall be paid a loading of
4/48ths in lieu of recreation leave for all additional ordinary hours worked.
(5) Meal Break
(a) 7 Hours 44
minutes Shift
TOCS rostered on a 7 hours 44 minutes shift shall not
work more than 5 hours from the commencement of a shift without a minimum 30
minutes meal break.
(b) 11 Hours 40
Minutes Shift
TOCS rostered on an 11 hours 40 minutes shift shall not
work more than 5 hours from the commencement of a shift without a minimum 30
minutes meal break.
After a further 5 hours of work TOCS shall be entitled
to a paid crib break of 20 minutes.
(6) Accrued Shift
Off
Where TOCS are rostered on a 7 hours 44 minutes shift
pattern during a shift cycle they may observe ‘Banktime’ working hours (i.e. a
bank up of hours) under the following provisions:
(a) The additional
44 minutes per shift shall be worked on 9 days each 2 week work cycle to allow
for the accumulated time off during the 2 week cycle.
(b) Subject to
provision (d) of this subclause, one accrued day off may be taken in each 2
week work cycle.
(c) The accrued
day off will be observed between Monday to Friday (inclusive), as provided for
by the roster.
(d) Where TOCS
work on the accrued day off, TOCS may elect, where practicable, to have another
day off in substitution thereof before the end of the succeeding 2 week work
cycle. Provided that in such case the accrued entitlements are transferred to
the substituted day off.
(e) TOCS absent
from duty on any type of approved leave or a public holiday will be credited
with 7 hours 44 minutes in respect of each day absent from duty. TOCS absent
from duty on approved leave (sick, recreation leave etc) will have 7 hours and
44 minutes debited against their leave accrual for each day absent from duty.
C. Shift Work
(1) For the
purposes of this subclause:
‘Early Morning shift’ shall mean those shifts
commencing at or after 4.00 am.
‘Day Shifts’ shall mean those shifts commencing at or
after 6.00 am.
‘Afternoon Shifts’ shall mean those shifts commencing
at or after 12 noon.
‘Night Shifts’ shall mean those shifts commencing at or
after 4.00 pm.
(2) Payment for
Shift Work
(a) Payment for
day shift shall be at ordinary rate of pay.
(b) Payment for
early morning shift shall be at the ordinary rate of pay plus 10 per cent.
(c) Payment for
afternoon shift shall be at ordinary rate of pay plus 12½ per cent.
(d) Payment for
night shift shall be at ordinary rate of pay plus 15 per cent.
(e) Payment for
all ordinary time worked on a Saturday shall be at the rate of time and
one-half of the ordinary rate of pay.
(f) Payment for
all ordinary time worked on a Sunday shall be at the rate of double the
ordinary rate of pay.
(g) Payment for
all ordinary time worked on a Public Holiday shall be at the rate of double and
one-half of the ordinary rate of pay.
(h) TOCS rostered
off on a public holiday shall be credited with a day in lieu for each such day.
(i) Full-time
TOCS employed under this subclause on continuous shift work shall be credited
with an additional 5 days recreation leave per annum. This leave shall accrue
at the rate of 5/12th of a day for each complete month that an employee so
works.
(3) Shift Rosters
(a) TOCS shall be
rostered to work shifts as required by the Authority.
(b) Notice shall
be given of shifts to be worked at least 7 days in advance.
(c) Where notice
is given of a change in shift with less than 7 days notice any shift so worked
shall be paid at the rate of the previously rostered shift provided it is
greater.
13. Additional
Conditions for Work Support Officers.
A. Definitions
For the purpose of this clause:
‘WSO’ shall mean employees employed by the Authority as Work
Support Officers.
‘Competency’ shall mean the combination of knowledge, skills
and attributes that are needed for specific job relation tasks.
B. Hours of Duty
(1) The ordinary
hours of duty of WSO's shall be 35 hours per week and by agreement with the
Association shall be between 7.00 am to 5.30pm on 5 days per week, Monday to
Friday, inclusive.
(2) A lunch break
shall be taken of not less than 30 minutes in the WSO’s time.
(3) WSO's may
observe ‘Banktime’ working hours (i.e. a bank up of hours) under the following
provisions:
(a) An additional
22 minutes per day shall be worked on 19 days each four week work cycle to
allow for the accumulated time off during the next four week cycle.
(b) Subject to
provision (d) of this subclause, one accrued day off may be taken in each four
week work cycle.
(c) The accrued
day off will be observed between Monday to Friday (inclusive).
(d) Where a WSO
works on the accrued day off, the WSO may elect, where practicable, to have
another day off in substitution thereof before the end of the succeeding work
cycle. Provided that in such case the
accrued entitlements are transferred to the substituted day off.
(4) WSO's absent
from duty on any type of approved leave or a public holiday will be credited
with 7 hours 22 minutes in respect of each day absent from duty. WSO's absent
from duty on approved leave (sick, recreation leave etc) will have 7 hours 22
minutes debited against their leave accrual for each day absent from duty.
C. Progression from
Grade to Grade
WSO positions will only be created where the range of tasks
at the location would eventually allow the incumbent to progress to Grade 3.
Progression from grade to grade need not depend upon the
availability of an advertised job vacancy nor is it restricted by the number of
WSO's already at a particular grade. Progression to another grade is totally
dependent upon the meeting of the progression criteria detailed in the
"Work Support Officer Management Guidelines".
Persons at the time of appointment as a WSO will be assessed
to determine the grade at which they will commence. Once appointed to a grade,
a WSO will need to meet the progression criteria in order to further progress
through the grades.
Persons appointed as a WSO in Training will remain at that
level until they are eligible to progress to Grade 1.
D. Maintenance of
Grade
Maintenance of grade and salary shall be dependent upon
WSO's maintaining the required level of competence in the tasks for which they
have been assessed and for which their grading and salary level has been
determined.
To ensure the level and the currency of competencies, the
WSO will undergo supplementary assessment of their tasks every two years to
demonstrate that they have maintained their skills in those tasks.
14. Grievance
Resolution and Dispute Settlement
A. Grievance Resolution
(1) A grievance is
defined as a personal complaint or difficulty. A grievance may:
relate to a perceived denial of an entitlement
relate to a perceived lack of training opportunities
involve a suspected discrimination or harassment.
(2) The RTA has a
Grievance Resolution Policy and a Grievance Resolution Procedure which should
be observed when grievances arise.
(3) The RTA’s
policy is detailed in Appendix A.
(4) While the
policy and procedure are being followed, normal work will continue.
B. Dispute Settlement
(1) A dispute is
defined as a complaint or difficulty which affects more than one employee. A dispute may relate to a change in the
working conditions of employees that is perceived to have negative implications
for that group.
(2) It is
essential that management and the Association consult on all issues of mutual
interest and concern, not only those issues that are considered likely to
result in a dispute.
(3) Failure to
consult on all issues of mutual interest and concern to management and the
Association is contrary to the intention of these procedures.
(a) If a dispute
arises in a particular work location which cannot be resolved between the
employee or their representative and the supervising employee, the dispute must
be referred to the RTA's Manager of the Employee Relations Section or another
nominated officer who will then arrange for the issue to be discussed with the
Association.
(b) If the issue
cannot be resolved at this level, the issue must be referred to senior
management.
(c) If the issue
cannot be resolved at this level, the issue may be referred to the Industrial
Relations Commission of NSW.
(d) While these
procedures are continuing, no work stoppage or any other form of work
limitation shall occur.
(e) The Association
reserves the right to vary this procedure where a safety factor is involved.
15.
Anti-Discrimination
(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.
(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 the effects. It will be consistent with the fulfilment of these obligations
for the parties to make application to vary any provisions of the award, which
by its terms or operation, has a direct or indirect discriminatory effect.
(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.
(4) Nothing in
this clause is to be taken to effect:
(a) Any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) Offering or
providing junior rates of pay to persons under 21 years of age;
(c) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) A party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(e) 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.
NOTES
(1) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(2) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects any other act or practice
of a body established to propagate religion that conforms to the doctrines of
that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion."
16. Public Holidays
and Bank Holiday
(1) Public Holidays
- The following shall be holidays for the purpose of this award: New Year's Day, Australia Day, Good Friday,
Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day,
Boxing Day and any day proclaimed in the New South Wales Government Gazette as
a public holiday for the State.
(2) Bank Holiday -
The day traditionally observed as a holiday on the August Bank Holiday will now
be worked as an ordinary working day. The day will be observed on an ordinary
working day which falls between Christmas Day and New Year's Day each year.
17. Appeals in
Respect of Salary Grade Or Classification
(1) An employee
shall have the right to apply to the Authority through the head of their branch
or section for an increase in excess of the rate of salary provided, or for an
alteration in the grade or classification to which the employee may be
appointed.
(2) Any employee
dissatisfied with a decision or determination of the Authority;
(a) in respect to
the salary, grade or classification affecting such employee; or
(b) in respect to
any other matter of the nature referred to in sections 20 and 23 of the Government
and Related Employees Appeal Tribunal Act 1980, may, if the employee does
not exercise their rights before the Government and Related Employees Appeal
Tribunal, forward to the Authority within 30 days after the employee has been
advised of such decision or determination, a notice of appeal setting forth the
grounds of such appeal. The Authority
shall hear and determine such appeal and shall allow the employee, if they so
desire, to attend and to present their case personally or by their
representative.
18. Deduction of
Union Membership Fees
(1) The
Association shall provide the Authority with a schedule setting out Association
membership fees payable by members of the Association in accordance with the
Association’s rules.
(2) The
Association shall advise the Authority of any change to the amount of
membership fees made under its rules.
Any variation to the schedule of Association membership fees payable
shall be provided to the Authority at least one month in advance of the
variation taking effect.
(3) Subject to
subclauses (1) and (2) of this clause, the Authority shall deduct Association
membership fees from the salary of any employee who is a member of the
Association in accordance with the Association’s rules, provided that the
employee has authorised the Authority to make such deductions.
(4) Monies so
deducted from employees’ salary shall be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to employees’ Association membership accounts.
(5) Unless other
arrangements are agreed to by the Authority and the Association, all
Association membership fees shall be deducted each pay period from the
employees’ salary and forwarded to the Association each pay period.
(6) Where an
employee has already authorized the deduction of Association membership fees
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 continue.
19. Secure Employment
(1) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(2) Casual
Conversion
(a) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(b) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this subclause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(c) Any casual
employee who has a right to elect under paragraph (2)(b), upon receiving notice
under paragraph (2)(b) 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.
(d) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(e) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(f) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (2)(c), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (2)(c), discuss and agree upon:
(i) whether the
employee will convert to full-time or part-time employment; and
(ii) 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.
(g) 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.
(h) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(3) Occupational
Health and Safety
(a) For the
purposes of this subclause, the following definitions shall apply:
(i) 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.
(ii) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by that
other employer’s own employees.
(b) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(i) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(ii) 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;
(iii) 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
(iv) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(c) Nothing in
this subclause (3) 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.
(4) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(5) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
20. Area, Incidence
and Duration
(1) This Award
applies to employees of the Roads and Traffic Authority of New South Wales as
defined in clause 1, Definitions of this award.
(2) This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (Roads and Traffic Authority
of New South Wales - Salaried Staff Conditions of Employment) Award published
on 20 May 2005 (351 I.G. 1) and all variations thereof.
(3) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of New South Wales
on 28 April 1999 (310 I.G. 359) take effect on and from 3 March 2008.
(4) The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
Table A - Salaries
Salary rates in accordance with the Crown Employees (Public
Sector - Salaries 2007) Award
Effective from the beginning of the first pay period to commence
on or after 1 July 2007.
Classification and
Grades
|
Per annum 1.7.07
|
|
+4%
|
|
$
|
Grade 1
|
28,908
|
|
31,706
|
|
36,249
|
Grade 2
|
38,230
|
|
39,964
|
|
41,452
|
Grade 3
|
44,013
|
|
46,076
|
|
48,223
|
Grade 4
|
49,694
|
|
51,642
|
|
53,674
|
Grade 5
|
55,518
|
|
57,313
|
|
58,346
|
Grade 6
|
59,626
|
|
61,436
|
|
63,447
|
Grade 7
|
64,827
|
|
67,115
|
|
68,418
|
Grade 8
|
71,225
|
|
74,117
|
|
76,431
|
Grade 9
|
79,947
|
|
82,244
|
|
85,945
|
Grade 10
|
88,113
|
|
91,589
|
|
96,293
|
Grade 11
|
99,269
|
|
103,591
|
|
105,923
|
Grade 12
|
112,122
|
|
115,395
|
|
119,426
|
Grade 13
|
122,990
|
|
126,177
|
|
132,224
|
TABLE B
Rates - Allowances
Item No.
|
Clause No.
|
Description
|
Amount
|
|
|
|
$
|
|
1
|
6A(1)(b)
|
Meal Allowance while Travelling
|
|
|
|
|
Capital Cities & High Cost Country Centres (refer to
(5) below)
|
|
|
|
|
Breakfast
|
20.20
|
|
|
|
Lunch
|
22.65
|
|
|
|
Evening Meal
|
38.95
|
|
|
|
‘Tier 2’ Country Centres & ‘Elsewhere’ (refer to (5)
below)
|
|
|
|
|
Breakfast
|
18.05
|
|
|
|
Lunch
|
20.65
|
|
|
|
Evening Meal
|
35.60
|
|
2
|
6A(2)(b)
|
Meal Allowance on Overtime
|
|
|
|
|
Breakfast
|
22.60
|
|
|
|
Lunch
|
22.60
|
|
|
|
Evening Meal
|
22.60
|
|
3
|
6B(1)
|
Lodgings
|
|
|
|
|
|
Location
|
Per Day
|
Per Hour
|
|
|
|
Capital Cities
|
$
|
$
|
|
|
|
Sydney
|
280.25
|
11.68
|
|
|
|
Adelaide
|
242.25
|
10.09
|
|
|
|
Brisbane
|
253.25
|
10.55
|
|
|
|
Canberra
|
211.25
|
8.80
|
|
|
|
Darwin
|
238.25
|
9.93
|
|
|
|
Hobart
|
201.25
|
8.39
|
|
|
|
Melbourne
|
247.25
|
10.30
|
|
|
|
Perth
|
233.25
|
9.72
|
|
|
|
High Cost Country Centres (NSW)
|
|
|
|
|
|
Newcastle
|
202.25
|
8.43
|
|
|
|
Maitland
|
195.75
|
8.16
|
|
|
|
Port Macquarie
|
200.25
|
8.34
|
|
|
|
Wagga Wagga
|
197.75
|
8.24
|
|
|
|
Wollongong
|
195.75
|
8.16
|
|
|
|
‘Tier 2’ Country Centres (NSW)
|
|
|
|
|
|
Bathurst
|
180.75
|
7.53
|
|
|
|
Broken Hill
|
180.75
|
7.53
|
|
|
|
Orange
|
180.75
|
7.53
|
|
|
|
All other Country Centres (NSW)
|
|
|
|
|
|
‘Elsewhere’
|
170.75
|
7.11
|
|
4
|
6B(1), (2)
|
Incidentals allowance (all locations)
|
15.45
|
|
|
|
|
per day
|
|
5
|
6C(2)(c)
|
Amount deducted from actual/reasonable expenses
|
12.50
|
|
|
|
|
per week
|
|
6
|
6C(2)(g)
|
Maximum allowance for staff separated from dependants
|
254
|
|
|
|
|
per week
|
|
7(a)
|
6C(2)(h)
|
Allowance for removal of furniture - value of furniture:
|
7,037.00
|
|
7(b)
|
|
If value above amount in 7(a), employees receive -
|
1,126.00
|
|
7(c)
|
|
If value below amount in 7(a), employees receive -
|
563.00
|
|
7(d)
|
|
If not eligible, employees shall receive -
|
281.00
|
|
8
|
6C(3)
|
Max purchase price of home on which reimbursement of
|
|
|
|
|
expenses is based
|
520,000
|
|
9
|
6C(6)
|
Max amount of allowance with increased accom. Costs
|
51.00
|
|
|
|
|
|
|
|
|
|
10(a)
|
6C(7)
|
Parents to pay first
|
27.00
|
|
|
|
per week
|
10(b)
|
|
RTA pays up to a maximum of
|
56.00
|
|
|
|
per week
|
11
|
6D
|
Remote areas allowance (with dependants)
|
-
|
A
|
1597.00
|
|
|
-
|
B
|
2118.00
|
|
|
-
|
C
|
2829.00
|
|
|
Remote areas allowance (without dependants)
|
-
|
A
|
1114.00
|
|
|
-
|
B
|
1485.00
|
|
|
-
|
C
|
1982.00
|
12(a)
|
6E
|
Fares subsidy for climatic area - actual cost less
|
39.35
|
|
|
Or
|
|
12(b)
|
|
Maximum amount for employee with spouse/dependents; or
|
263.70
|
12(c)
|
|
Maximum amount for employee without spouse/dependents
|
130.20
|
13
|
6H
|
Sydney Harbour Bridge Allowance for Works Supervisors
|
6,558.00
|
|
|
|
per annum
|
|
14
|
8B
|
Maximum value of furniture and effects on which risk
|
|
|
|
|
insurance is paid
|
38,000
|
|
APPENDIX A
GRIEVANCE
RESOLUTION POLICY
Policy Number: PN 026
(Human Resources Manual)
RTA Corporate Policy
Grievance Resolution Policy
Purpose and intended outcomes
To make RTA staff aware of what constitutes a grievance and
the responsibilities of all staff in preventing and managing such matters so
that:
staff work in a collaborative and cooperative way;
workplace grievances are resolved in a timely manner;
and
the RTA maintains a safe and healthy work environment.
Note: This policy
must be read in conjunction with the Grievance Resolution Procedure PN 026P.
Policy
To support the Code of Conduct and Ethics all RTA staff
are to:
treat others in a professional, courteous, respectful
and fair way;
communicate with each other and management in an open
and honest manner;
raise their workplace grievances at an early stage and
aim to resolve them at the local level;
actively participate in the resolution of workplace
grievances;
treat grievance matters in a private, confidential, and
timely manner;
respect the right of others to raise grievances; and
not victimise or disadvantage any parties to a grievance.
Coverage
This policy covers:
permanent staff;
temporary staff;
casual staff; and
skill hire and professional services contractors.
Scope
This policy may be used by:
staff to address workplace grievances with other staff;
and
managers to resolve workplace grievances between staff.
This policy does not cover:
OHS and workers compensation matters;
poor performance issues;
harassment, discrimination or workplace bullying
matters;
fraud and corruption, maladministration or serious and
substantial waste of resources; or
matters that require disciplinary action.
If a grievance is investigated and it is found that the
matter is related to work performance or disciplinary issues, the grievance
process is to terminate immediately.
The RTA has other processes for managing these issues e.g. Management of
Unsatisfactory Performance and Conduct Policy, Harassment, Discrimination and
Workplace Bullying Policy, Corruption and Maladministration Prevention Policy
and the Discipline Policy.
Definitions and Key Terms
Grievance
A grievance is a personal concern/problem about work or the
work environment that the staff member seeks hearing or resolution of, and may
be the result of a perceived or actual concern regarding:
allocation of work or development opportunities;
workplace communication difficulties, or interpersonal
dispute; and
changes in work processes/practices.
Detailed information on how to raise and resolve grievances
are contained in the Grievance Resolution Procedure.
Grievant
The staff member who raises a concern is referred to as the
Grievant. For each grievance there may
be one or more Grievants.
Respondent
The staff member who is claimed to be the cause of the
grievance is referred to as the Respondent.
There may be more than one Respondent in a grievance matter.
Grievance Network Coordinator (GNC)
The GNC, Human Resources Branch administers the support
system for Grievance Contact Officers (GCOs). The GNC is responsible for
co-ordinating the recruitment, selection and training of GCOs and arranging
mediations. The General Manager, Human
Resources will approve GCO selections.
Applicants will require their manager’s approval to be
released to undertake GCO duties.
Grievance Contact Officer (GCO)
The GCO is recruited and supervised in GCO role by the GNC,
HR Branch. Their role is to assist both
the grievant and respondent generate options to resolve their grievance, direct
the grievant or respondent to appropriate RTA policies and procedures or other
available services i.e. Employee Assistance Scheme (EAP), the OHS Hotline or
the Ethics Hotline.
The GCO will not:
take sides;
make judgements; or
act as an advocate or spokesperson for the Grievant of
Respondent.
A list of GCOs is available on the RTA Phone Guide and in
every issue of Human Resources Notices.
Background
Interpreters
Where a staff member has difficulty in communicating
effectively in English, an interpreter may be used. Only accredited interpreters are to be used in order to minimise
risks to privacy and error. The HR
Branch, on advice from the GCO or the Grievant’s manager, will make the
necessary arrangements to engage an interpreter. The business unit where the grievance has transpired will be
responsible for any associated cost.
Confidentiality
All forms of information about a grievance are to be
restricted to those individuals who need to know the information in order to
resolve the grievance. Access to
Grievance Files is highly restricted.
Access provisions can be located in Attachment B of Corporate Policy
Statement No.26, "Employees’ Personal Records Policy.
Documentation
When managers are dealing with a grievance locally they are
to take brief, factual diary/file notes that avoid personal opinions. These notes are to be retained by the
manager for one year.
Where a manager has attempted to resolve a grievance
unsuccessfully and the matter is escalated to the General Manager, detailed
documentation is required.
Records include:
names of parties to the grievance;
grievance details;
sufficient information to establish that a satisfactory
process took place;
the outcome and reasons for the decision; and
any recommendation for action.
This documentation is to be retained by local management for
one year.
If the grievance matter is referred for mediation through
the GNC, a Grievance File will be created. Grievance files are to be retained
for five years after settlement of the grievance. Grievance records are to be kept confidential and on a separate
Grievance File, not on Personal or other RTA files. The RTA Document Management Section, Auburn, creates Grievance
Files.
If the grievance is referred to an external body for
settlement, the GNC must be notified and will create a Grievance File, which
must be kept for 5 years.
If the grievance sets a precedent and results in significant
change to RTA corporate procedure the file must be kept for ten years. In such a case the General Manager, Human
Resources must be contacted.
Vexatious Claims
A vexatious claim is a grievance reported without sufficient
grounds for action. Vexatious claims
include but are not limited to those that are:
malicious;
raised to annoy or harass the respondent;
lacking in substance; and/or
frivolous.
Where a complaint is found to be vexatious, malicious or
substantially frivolous and reported only to annoy or harass the Respondent,
the staff member reporting the original grievance may be dealt with under the
provisions of the RTA’s Harassment, Discrimination and Workplace Bullying
Policy or Discipline Policy.
Protection
Any staff member who is involved in a grievance in
accordance with the RTA grievance procedures, or is required to prepare a
report concerning another member of staff in relation to a grievance, is
protected against any action for defamation provided they:
do not intentionally make a vexatious, malicious or
substantially frivolous complaint;
raise the grievance in accordance with these
established procedures and confidentiality is maintained; and
do not publish or make information available to persons
who have no legitimate interest in receiving it.
Mediation
Mediation provides the opportunity for a trained,
independent person to assist in the resolution of the grievance. The mediation may result in the parties
agreeing to and signing an agreement or understanding. The General Manager and/or Branch Manager
must approve the engagement of an external mediator. Mediators are to be engaged through the GNC, HR Branch who
manages the RTA Mediator Panel.
Appeal Right
Any Grievant who is dissatisfied with his or her treatment
in terms of the Grievance Resolution Policy procedures may appeal to the
Director or Chief Executive Officer for a re-examination of the matter. This appeal right does not in any way
diminish a Grievant’s right to seek the assistance or support of his or her
union or staff association in the matter.
Appeals must be lodged within 21 days from the date that the parties
involved in the grievance are advised of the outcome.
Employee Assistance Program
The Employee Assistance Program (EAP) is available to assist
all staff and their families. The
service offers short term face-to-face or telephone professional advice and
counselling to help cope with personal, family and work related issues.
Responsibilities
Title
|
Responsibilities
|
|
|
Staff
|
Ensure their behaviour is aligned with the RTA Code of
Conduct and Ethics.
|
|
|
|
Report inappropriate behaviour in the workplace when
witness to it, or when it is
|
|
brought to their attention.
|
|
|
|
Participate in grievance resolution and maintain
confidentiality in the process as
|
|
and when required.
|
|
|
|
Not participate in the harassment or victimisation of any
party involved in a grievance.
|
|
|
|
Not lodge vexatious, frivolous or malicious grievances.
|
|
|
Managers
|
Promote, explain and model the standards of behaviour
expected of staff members as
|
|
set out in the RTA Code of Conduct and Ethics.
|
|
|
|
Be familiar with and actively promote and support the RTA
Grievance Resolution
|
|
Policy, procedures and strategies.
|
|
|
|
Monitor the workplace for early identification and
resolution of grievances.
|
|
|
|
Chair grievance related meetings and make grievance
related decisions based on
|
|
fact.
|
|
|
|
Ensure confidentiality in the process except where there
is a serious breach of an RTA
|
|
policy or where there are grounds to believe there may be
harm or injury to person or
|
|
property in which case the matter must be referred to an
appropriate person.
|
|
|
|
Make appropriate arrangements to release a selected GCO to
carry out his/her
|
|
GCO duties.
|
|
|
Grievance
|
Advise their manager of the time involved in dealing with
a grievance and make
|
|
reasonable arrangements to carry out their normal duties.
|
|
|
Contact
|
Assist the Grievant or Respondent to identify the options
available to address the
|
Officers
|
grievance.
|
|
|
|
Direct the Grievant or Respondent to appropriate RTA
policies, procedures or
|
|
services (e.g. Ethics Hotline or EAP)
|
|
|
|
Refer the Grievant to an appropriate staff member
responsible for handling
|
|
grievances.
|
|
|
|
Complete a Grievance Resolution Report for each grievance
received and forward to
|
|
the GNC, HR Branch.
|
|
|
|
Notify GNC of any changes to their contact details and
work location.
|
|
|
Grievance
|
Recruit, select, train and supervise GCOs in their role as
a GCO.
|
Network
|
|
Coordinator
|
Coordinate the grievance resolution network and case
management system.
|
|
|
|
Ensure that the practices and processes applied and
decisions proposed in
|
|
individual workplace grievance cases are equitable and
conform to RTA
|
|
policy, legislation and industrial instruments.
|
|
|
|
Provide grievance resolution advice to line management.
|
|
|
|
Manage and report on administrative and contract matters
associated with
|
|
grievance resolution.
|
|
|
|
Facilitate Grievance Resolution workshops to ensure that
grievance resolution is
|
|
communicated and understood.
|
|
|
|
Manage and coordinate the RTA panel of mediators.
|
Evaluation
This policy will be evaluated as appropriate, taking into
account changes to New South Wales and Commonwealth legislation, identification
of changing trends, and feedback provided to Human Resources Branch on its
effectiveness.
Breaches
The RTA may take disciplinary action (including the
termination of services) against any staff member who breaches this policy and
the RTA Code of Conduct and Ethics.
Quality Records
2M4203
Additional Information
Legislation
Anti-Discrimination Act 1977 (NSW)
Occupational Health and Safety Act 2000 (NSW)
Industrial Relations Act 1996 (NSW)
Privacy and Personal Information Protection Act
1998 (NSW)
Reference documents
Human Resources Manual, Grievance Resolution Procedure
Human Resources Manual, Code of Conduct and Ethics
Human Resources Manual, Harassment, Discrimination and
Workplace Bullying Policy
Human Resources Manual, Employee Assistance Program
Policy
Human Resources Manual, Corrupt Conduct and
Maladministration Prevention Policy
Corporate Policy Statement 26, Employees’ Personal
Records Policy
Contact details:
Grievance Contact Officer - Procedural advice
Human Resource Adviser - Policy enquiries
Grievance Network Coordinator, Human Resources Branch
Effective date: September 2006.
Review date: No later than September 2009.
Policy replaces: This policy replaces the RTA Grievance
Resolution Policy version 2.1 issued on 25 February 2005.
D.W.
RITCHIE, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.