Crown
Employees (Parliament House Conditions of Employment) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1686 of 2007)
Before Commissioner
Ritchie
|
18 February 2008
|
REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2 Definitions
3. Area
Incidence and Duration
4. Terms of
Employment
5. Local
Arrangements
6. Hours of
Duty and Attendance
7. Notification
of Absence from Duty
8. Public
Holidays
9. Standard
Hours
10. Flexible
Working Hours Scheme
11. 38-Hour
Week Workers - Rostered Days Off
12. Non-Compliance
with Hours of Duty and Attendance
13. Existing
Determinations and Agreements - Hours of Duty
14. Travel
Allowances
15. Allowance
Payable for the Use of Private Motor Vehicles
16. Overseas
Travel Allowance
17. Staff
Exchanges
18. Community
Language Allowance Scheme (CLAS)
19. First Aid
Allowance
20. Semi-Official
Telephone Reimbursement
21. On-Call
Allowance
22. Service
Increments Allowance
23. Uniforms,
Protective Clothing and their maintenance
24. Compensation
for Damage to or Loss of Staff Members’ Personal Property
25. Monitoring
of Computerised Building Maintenance System Allowance
26. Leading
Hand Allowance
27. Adjustment
of Allowances
28. Leave -
General
29. Leave for
Casual Employees
30. Recreation
Leave
31. Annual
Leave Loading
32. Sick Leave
33. Sick Leave
- Workers Compensation
34. Sick Leave
- Other than Workers Compensation
35. Sick Leave
- Requirements for Medical Certificate
36. Sick Leave
to Care for a Family Member
37. Parental
Leave
38. Family and
Community Service Leave
39. Observance
of Essential Religious or Cultural Obligations
40. Extended
Leave
41. Leave
Without Pay
42. Military
Leave
43. Special
Leave
44. Study
Assistance
45. Staff
Development and Training Activities
46. Trade
Union Activities
47. Shiftwork
48. Overtime
49. Grievance
and Dispute Settling Procedures
50. Anti-Discrimination
51. Existing
Entitlements
52. Deduction
of Union Membership Fees
53. Secure
Employment
PART B
MONETARY RATES
Table 1 - Allowances.
2. Definitions
"Act" means Public Sector Employment and
Management Act 2002.
"Accumulation" means the accrual of leave or
time. In respect of weekly study time
"accumulation" means the aggregation of short periods of weekly study
time which is granted for private study purposes.
"Agreement" means an agreement as defined in the Industrial
Relations Act 1996.
"Approved Course" means a course which is relevant
to the employment of the staff member in the department or the public service
and one which has been approved by the Clerk(s).
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"At the convenience of" means the operational
requirements permit the staff member's release from duty or that satisfactory
arrangements are able to be made for the performance of the staff member's
duties during the absence.
"Award" means an award as defined in the Industrial
Relations Act 1996.
"Birth" means the birth of a child and includes
stillbirth.
"Capital City rate" means the travelling allowance
rate applicable within the Sydney Telephone District or within a corresponding
area in the Capital City of another State and Territory.
"Casual rate" means the appropriate rate payable
in respect of a motor vehicle maintained by the staff member for private
purposes but which the staff member may elect to use with the approval of the
Clerk(s) for occasional travel on official business, subject to the allowance
paid for such travel not exceeding the cost of travel by public or other
available transport.
"Clerk(s)" means the Clerk of the Legislative
Assembly or the Clerk of the Legislative Council or both or a person authorised
by the Clerk(s).
"Contract hours for the day" for a full time staff
member, means one fifth of the full time contract hours, as defined in this
award. For a part time staff, contract
hours for the day means the hours usually worked on the day.
"Daily rate" or "Rate per day" means the
rate payable for 24 hours, unless otherwise specified.
"Daily span of hours", means, for a staff member
required to work standard hours, the full time standard hours defined in this
award. For a staff member required to
work flexible hours the daily span of hours" means the hours which
normally fall within the bandwidth of the scheme applicable to the staff member
and which do not attract the payment of overtime, unless otherwise prescribed
in this award.
"Dayworker" means a staff member, other than a
shift worker, who works the ordinary hours from Monday to Friday inclusive
between the hours of 7.30 am and 6.00 pm or as negotiated under a local
arrangement.
"Department" means a unit under the administrative
control of the Clerk of the Parliaments in respect of the Legislative Council
and the Clerk of the Legislative Assembly in respect of the Legislative
Assembly, or both of them in respect of jointly administered departments.
"DPE" means the Director of Public Employment
which has the same meaning as in the Public Sector Employment and Management
Act 2002.
"Electorate Officers" means employees of the
Speaker of the Legislative Assembly employed in the Electorate Offices of
Members of the Legislative Assembly.
"Expected date of birth", in relation to a staff
member who is pregnant, means a date specified by her medical practitioner to
be the date on which the medical practitioner expects the staff member to give
birth as a result of the pregnancy.
"Extended leave" means extended (long service)
leave to which a staff member is entitled equivalent to Schedule 3 to the Public
Sector Employment and Management Act 2002.
"Flexible working hours credit" means the time
exceeding the contract hours for a settlement period and is able to be banked
under a local arrangement negotiated pursuant to clause 5, Local Arrangements
of this award or carried over into the next settlement period.
"Flexible working hours debit" means the contract
hours not worked by a staff member and not covered by approved leave during the
settlement period, as well as any debit carried over from the previous
settlement period or periods.
"Flexible working hours scheme" means the scheme
outlined in clause 10, Flexible Working Hours Scheme of this award which
enables staff members, subject to operational requirements, to select their
starting and finishing times.
"Flexible Work Practices, Policy and Guidelines"
means the document negotiated between the Public Employment Office, the Labour
Council of New South Wales and affiliated unions which enables staff members to
rearrange their work pattern.
"Flex leave" means a period of leave available to
be taken by a staff member as specified in subclause (xv) of clause 10,
Flexible Working Hours Scheme of this award.
"Full day" means the standard full time contract
hours for the day, i.e., 7 or 8 hours depending on the classification of the
staff member.
"Full pay" or "half pay" means the staff
member's ordinary rate of pay or half the ordinary rate of pay respectively.
"Full-time contract hours" means the standard
weekly hours, i.e., 35 or 38 hours per week, depending on the classification,
required to be worked as at the date of this award.
"Full-time position" means a position, which is
occupied, or if not for being vacant, would be occupied, by a full-time staff
member.
"Full-time staff member" means a staff member
whose ordinary hours of duty are specified as such in a formal industrial
instrument or whose contract hours are equivalent to the full-time contract
hours for the job classification.
"Government accommodation" means accommodation
owned, leased or arranged by the Government where a staff member may be
directed to reside for a specified period of time.
"Half day" means half the standard contract hours
for the day.
"Headquarters" means the centre to which a staff
member is attached or from which a staff member is required to operate on a
long term basis.
"Industrial action" means industrial action as
defined in the Industrial Relations Act 1996.
"Local Arrangement" means an agreement reached at
the organisational level between the Clerk(s) and the relevant trade union in
terms of clause 5, Local Arrangements of this award.
"Local holiday" means a holiday which applies to a
particular township or district of the State and which is not a public holiday
throughout the State.
"Members’ staff" means staff employed by the
President of the Legislative Council employed as personal staff to a Member of
the Legislative Council and staff employed by the Speaker of the Legislative
Assembly as electorate office staff to a Member of the Legislative Assembly
"Normal hours of duty" means:
for a staff member working standard hours - the fixed hours
of duty, with an hour for lunch, worked in the absence of flexible working
hours;
for a staff member working under a flexible working hours
scheme or local arrangement hours of duty the Clerk(s) requires a staff member
to work within the bandwidth specified under the flexible working hours scheme
or local arrangement.
"Normal work", for the purposes of clause 49,
Grievance and Dispute Settling Procedures of this award, means the work carried
out in accordance with the staff member's position or job description at the
location where the staff member was employed, at the time the grievance or
dispute was notified by the staff member.
"Official business rate" means the appropriate
rate of allowance payable for the use of a private motor vehicle where no other
transport is available and such use is directed by the Clerk(s) and agreed to
by the staff member or where the staff member is unable to use other transport
due to a disability.
"Official overseas travel" means authorised travel
out of Australia by a staff member where the staff member proceeds overseas on
official business.
"On duty" means the time required to be worked for
the department. In terms of clause 46, Trade Union Activities of this award,
trade union activities regarded as "on duty" means the time off with
pay given by the department to the accredited union delegate to enable the
union delegate to carry out legitimate trade union activities during ordinary
work hours without being required to lodge an application for leave.
"On loan" means an arrangement between the
department and the trade union where a staff member is given leave of absence
from the workplace to take up employment with the staff member's trade union
for a specified period of time during which the trade union is required to
reimburse the department for the staff member's salary and associated on-costs.
"On special leave" means the staff member is
required to apply for special leave in order to engage in an activity which
attracts the grant of special leave in the terms of this award.
"Overtime" means all time worked, whether before
or after the ordinary daily hours of duty, at the direction of the Clerk(s),
which, due to its character or special circumstances, cannot be performed
during the staff member's ordinary hours of duty. Where a flexible working
hours scheme is in operation, overtime shall be deemed as the hours directed to
be worked before or after bandwidth or before or after the time specified in a
local arrangement made pursuant to the provisions of clause 10, Local
Arrangements of this award provided that, on the day when overtime is required
to be performed, the staff member shall not be required by the Clerk(s) to work
more than 7 hours after finishing overtime or before commencing overtime.
"Parliamentary Reporting Staff" are employees
classified as Reporters, Subeditors, Senior Subeditor and Deputy Editor of the
Parliamentary Reporting Services Department.
"Part-time entitlement", unless specified
otherwise in this award, means pro rata of the full-time entitlements
calculated according to the number of hours a staff member works in a part-time
position or under a part-time arrangement.
"Part-time hours" means the hours, which are less
than the hours, which constitute full-time work under the relevant industrial
instrument.
"Part-time position" means a designated part-time
position and, unless otherwise specified, includes any position, which is
filled on a part-time basis.
"Part-time staff member" means a staff member
whose ordinary hours of duty are specified as part-time in a formal industrial
instrument or whose contract hours are less than the full-time hours.
"Prescribed ceasing time" means, for a staff member
working standard hours, the conclusion of daily standard hours for that staff
member. For a staff member working under a flexible working hours scheme,
"prescribed ceasing time" means the conclusion of bandwidth of the
scheme applying to that staff member.
"Prescribed starting time" means, for a staff
member not working under a flexible working hours scheme, the commencement of
standard daily hours of that staff member. For a staff member working under a
flexible working hours scheme, "prescribed starting time" means the
commencement of bandwidth of the scheme applying to that staff member.
"Presiding Officers" means the Speaker of the
Legislative Assembly or the President of the Legislative Council or both.
"Public holiday" means a day proclaimed under the Banks
and Bank Holidays Act 1912 as a bank or public holiday. This definition
does not include a Saturday which is such a holiday by virtue of section 15A of
that Act, and 1 August or such other day that is a bank holiday instead of 1
August.
"Recall to duty" means those occasions when a
staff member is directed to return to duty outside the staff member's ordinary
hours or outside the bandwidth in the case of a staff member working under a
flexible working hours scheme.
"Relief staff" means staff employed on a temporary
basis to provide relief in a position until the return from authorised leave of
the substantive occupant or in a vacant position until it is filled
substantively.
"Remote area" means for the purpose of clause 30,
Recreation Leave, the Western and Central Division of the State described as
such in the Second Schedule to the Crown Lands Consolidation Act 1913
before the Acts repeal.
"Residence", in relation to a staff member, means
the ordinary and permanent place of abode of the staff member.
"Rostered Day Off" means, for the purposes of
clause 11, 38 Hour Week Workers Rostered Days Off, a day off in a regular cycle
at a time operationally convenient.
"Seasonal staff" means staff employed on a
temporary basis for less than three months to meet seasonal demands which
cannot be met by staff already employed in the department and which, because of
their seasonal nature, do not justify employment of staff on a long-term basis.
"Secondment" means an arrangement agreed to by the
Clerk(s), the staff member and a public service department, a public sector
organisation or a private sector organisation, which enables the staff member
to work in such other organisation for an agreed period of time and under
conditions agreed to prior to the commencement of the period of secondment.
"Section" means a small unit under the
administrative control of the Clerk of the Parliaments in respect of the
Legislative Council and the Clerk of the Legislative Assembly in respect of the
Legislative Assembly, or both of them in respect of jointly administered
sections.
"Security Officer" means a staff member employed
by Parliamentary Security Services on a 24 hour 7 days per week continuous
roster.
"Sessional Staff" means an officer as
defined from time to time by the Clerk of the Parliaments in respect of the
Legislative Council and the Clerk of the Legislative Assembly in respect of the
Legislative Assembly, or both of them in respect of jointly administered
departments or sections. Staff members
shall be designated as Sessional Staff by 1 December each leave year and shall
as part of the duties of their position be regularly required to work at least
two sitting nights in every sitting period.
"Shift worker - Continuous Shifts" means a staff
member engaged in work carried out in continuous shifts throughout the 24 hours
of each of at least six consecutive days without interruption except during
breakdown or meal breaks or due to unavoidable causes beyond the control of the
Clerk(s).
"Shift worker - Non-continuous Shifts" means a
staff member who is not a "day worker" or a "shift worker -
continuous shifts", as defined above.
"Short leave" means the leave which was available
to be granted to staff in the case of pressing necessity and which was replaced
by family and community service leave from 20 September 1994.
"Sitting Day" is a period of time representing any
day, being a 24-hour period, or days where:
(a) in respect of
Officers of the Legislative Council, the Legislative Council sits or is
scheduled to sit;
(b) in respect of
officers of the Legislative Assembly, the Legislative Assembly sits or is
scheduled to sit;
(c) officers in
any joint department or section are required to work and where either or both
Houses sit or are scheduled to sit.
"Sitting Period" is a period of time representing
a full working week, Monday to Friday, inclusive:
(a) for officers
of the Legislative Council during which that House is scheduled to sit;
(b) for officers
of the Legislative Assembly during which that House is scheduled to sit;
(c) for officers
in any joint department or section during which either or both Houses are
scheduled to sit.
"Staff member" means an officer or a temporary
employee and, unless otherwise specified in this award, includes both full-time
and part-time staff. For the purposes of maternity leave, as set out in clause
37, Parental Leave of this award, "staff member" means a female staff
member.
"Standard hours" are set and regular hours of
operation as determined by the Presiding Officer(s), or by the Clerk(s) in
accordance with any direction of the Presiding Officer(s). Standard hours are
generally the hours which were in operation prior to the introduction of
flexible working hours or have been determined as standard hours for the
organisation since the introduction of flexible working hours.
"Standby" means an instruction given by the
Clerk(s) to a staff member to be available for immediate contact in case of an
authorised call-out requiring the performance of duties.
"Study leave" means leave without pay granted for
courses at any level or for study tours during which financial assistance may
be approved by the Clerk(s), if the activities to be undertaken are considered to
be of relevance or value to the department and/or the public service.
"Study Time" means the time allowed off from
normal duties on full pay to a staff member who is studying in a part-time
course which is of relevance to the department.
"Supervisor" means the immediate supervisor or
manager of the area in which a staff member is employed or any other staff
member authorised by the Clerk(s) to fulfil the role of a supervisor or
manager, other than a person employed as a consultant or contractor.
"Temporary work location" means the place at or
from which a staff member temporarily performs official duty if required to
work away from headquarters.
"Trade Union" or "Union" means a
registered trade union, as defined in the Industrial Relations Act 1996.
"Trade Union Delegate" means an accredited union
delegate responsible for his/her workplace; and/or a person who is elected by
the trade union as its representative, an executive member or a member of the
union's Council.
"Trade Union Official" means a person who is
employed by the union to carry out duties of an official in a permanent or
temporary capacity, including elected full-time officials and/or staff members
placed on loan to the union for an agreed period of time.
"Workplace" means the whole of the organisation
or, as the case may be, a branch or section of the organisation in which the
staff member is employed.
"Workplace Management" means the Clerk(s) or any
other person authorised by the Clerk(s) to assume responsibility for the
conduct and effective, efficient and economical management of the functions and
activities of the organisation or part of the organisation.
3. Area Incidence and
Duration
(i) This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (Parliament House Conditions
of Employment 2004) Award published 11 February 2005 (348 I.G. 445) and all
variations thereof.
(ii) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of New South Wales
on 28 April 1999 (310 I.G. 359) take effect on and from 18 February 2008.
(iii) The award remains
in force until varied or rescinded, the period for which it was made having
already expired.
4. Terms of
Employment
(i) Staff members
shall be paid fortnightly.
(ii) Notwithstanding
anything contained in this award employment may be terminated by two weeks’
notice given at any time by the Presiding Officer(s) in writing or such longer
period as the Presiding Officer(s) may have contracted with any individual
staff member. A staff member desiring
to terminate their employment with the Presiding Officer(s) shall give two
weeks’ notice in writing to the Presiding Officer(s) or such longer period as
the Presiding Officer(s) may have contracted with any individual staff member.
(iii) Provided that
nothing contained in this clause shall prevent a staff member’s employment
being terminated without notice on the grounds of the staff member’s serious
wilful misconduct.
5. Local Arrangements
(i) Local
arrangements, as specified in this award, may be negotiated between the
Clerk(s) and the relevant trade union in respect of the whole department or
section.
(ii) All local
arrangements negotiated between the Clerk(s) and the Association must be:
(a) approved in
writing by the General Secretary of the Association; and
(b) contained in a
formal document, such as a co-lateral agreement, a memorandum of understanding,
an enterprise agreement or other industrial instrument.
(iii) Subject to
the provisions of subclause (ii) of this clause, nothing in this clause shall
prevent the negotiation of local arrangements between the Clerk(s) and the
Association in respect of the provisions contained in clause 10, Flexible
Working Hours Scheme of this award, where the conditions of employment of any
group are such that the application of the standard flextime provisions would
not be practicable.
6. Hours of Duty and
Attendance
(i) Hours of
attendance on duty
(a) The hours of
attendance on duty by members of staff and the manner of recording the attendance,
shall be as determined from time to time by the Clerk(s).
(b) The staff
member in charge of a department or section will be responsible to the Clerk(s)
for the proper observance of the hours of work and the proper recording of such
attendance.
(c) The Clerk(s)
may require a staff member to perform duty beyond the hours determined under
paragraph (a) of subclause (i) of this clause but only if it is reasonable for
the staff member to be required to do so. A staff member may refuse to work
additional hours in circumstances where the working of such hours would result
in the staff member working unreasonable hours. In determining what is
unreasonable, the following factors shall be taken into account:
the staff member's prior commitments outside the workplace,
particularly the staff member's family and carer responsibilities, community
obligations or study arrangements,
any risk to the staff member’s health and safety,
the urgency of the work required to be performed during
additional hours the impact on the
operational commitments of the organisation and the effect on client services,
the notice (if any) given by the Clerk(s) regarding the
working of the additional hours, and by the staff member of their intention to
refuse the working of additional hours, or
any other relevant matter.
(d) The
application of hours of work is subject to the provisions of this clause.
(ii) Working Hours
(a) The ordinary
hours may be standard or flexible and may be worked on a full time or part-time
basis.
(b) The Clerk(s)
shall ensure that all staff members employed in the department are informed of
the hours of duty required to be worked and of their rights and
responsibilities in respect of such hours of duty.
(c) Morning and
Afternoon Breaks - Staff members may take a 10 minute morning break, provided
that the discharge of public business is not affected and, where practicable,
they do so out of the view of the public contact areas. Staff members, other than the 38-hour week
workers, may also take a 10 minute afternoon break, subject to the same
conditions as apply to the morning break.
(d) Meal breaks -
meal breaks must be given to and taken by staff members. No staff member shall
be required to work continuously for more than 5 hours without a meal break,
provided that:
(1) where the
prescribed break is more than 30 minutes, the break may be reduced to not less
than 30 minutes if the staff member agrees. If the staff member requests to
reduce the break to not less than 30 minutes, the reduction must be
operationally convenient; and
(2) where the
nature of the work of a staff member or a group of staff members is such that
it is not possible for a meal break to be taken after not more than 5 hours,
local arrangements may be negotiated between the Clerk(s) and the Association
to provide for payment of a penalty.
(e) Variation of
Hours - If the Clerk(s) is satisfied that a staff member is unable to comply
with the general hours operating in the department because of limited transport
facilities, urgent personal reasons, community or family reasons, the Clerk(s)
may vary the staff member's hours of attendance on a one off, short or long
term basis, subject to the following:
(1) the variation
does not adversely affect the operational requirements;
(2) there is no
reduction in the total number of daily hours to be worked;
(3) variation is
not more than an hour from the commencement or finish of the span of usual
commencing and finishing time;
(4) a lunch break
of one hour is available to the staff member, unless the staff member elects to
reduce the break to not less than 30 minutes;
(5) no overtime or
meal allowance payments are made to the staff member, as a result of an
agreement to vary the hours;
(6) ongoing
arrangements are documented; and
(7) the relevant
trade union is consulted, as appropriate, on any implications of the proposed
variation of hours for the work area.
(f) Natural
emergencies and major transport disruptions - A staff member prevented from
attending work at a normal work location by a natural emergency or by a major
transport disruption may:
(1) apply to vary
the working hours as provided in paragraph (e) of subclause (ii) of this clause
and/or
(2) take available
family and community service leave and/or flex leave, recreation or extended
leave or leave without pay according to the provisions of this award to cover
the period concerned.
(g) Assistance
with transport - The extent of any assistance by the department with transport
of a staff member between the workplace and residence or part of the distance
involved, shall be determined by the Clerk(s) according to the provisions
contained in clause 48, Overtime of this award.
7. Notification of
Absence from Duty
(i) If a staff
member is to be absent from duty, other than on authorised leave, the staff
member must notify the supervisor, or must arrange for the supervisor to be
notified, as soon as possible, of the reason for the absence.
(ii) If a staff
member is absent from duty without authorised leave and does not provide an
explanation of the absence to the satisfaction of the appropriate Clerk(s), the
amount representing the period of absence shall be deducted from the staff
member's pay.
8. Public Holidays
(i) Unless directed
to attend for duty by the Clerk(s), a staff member is entitled to be absent
from duty on any day which is:
(a) a public
holiday throughout the State; or
(b) a local
holiday in that part of the State at or from which the staff member performs
duty; or
(c) day between
Boxing Day and New Year's Day determined by the appropriate Clerk(s) as a
public service holiday.
(ii) A staff
member, who is required by the Clerk(s) to work on a local holiday may be
granted time off in lieu on an hour for hour basis for the time worked on a
local holiday.
(iii) If a local
holiday falls during a staff member's absence on leave, the staff member is not
to be credited with the holiday.
9. Standard Hours
(i) Standard
hours are set and regular with an hour for lunch and, if worked by the staff
member under a flexible working hours scheme, would equal the contract hours
required to be worked under the scheme. Standard hours could be full time or
part-time.
(ii) Urgent
Personal Business - Where a staff member requires to undertake urgent personal
business, appropriate leave or time off may be granted by the Clerk(s). Where
time off has been granted, such time shall be made up as set out in subclause
(iv) of this clause.
(iii) Late
Attendance - If a staff member is late for work, such staff member must either
take appropriate leave or, if the Clerk(s) approves, make the time up in
accordance with subclause (iv) of this clause.
(iv) Making up of
Time - The time off taken in circumstances outlined in subclause (ii) and (iii)
of this clause must be made up at the earliest opportunity. The time may be made up on the same day or
on a day or days agreed to between the staff member and the Clerk(s).
10. Flexible Working
Hours Scheme
(i) Unless local
arrangements have been negotiated as provided in clause 5, Local Arrangements
of this award, a flexible working hours scheme in terms of this clause may
operate in a department or a section of a department, subject to operational
requirements, as determined by the Clerk(s).
(ii) Where the
operational requirements allow, the working of flexible hours under a flexible
working hours scheme operating in a department shall be extended to a staff
member working under a part time work arrangement. Except for provisions contained in subclauses (x) and (xiv) of
this clause, all other provisions under this clause shall be applied pro rata
to a staff member working under a part time work arrangement.
(iii) Exclusions -
Flexible working hours shall not apply to staff members who work:
a 38 hour week and are entitled to a rostered day off
in a regular cycle; or
permanent standard hours; or
according to a shift roster; or
under another award, Enterprise Agreement or other
agreement that prescribes the hours of attendance.
Members’ staff as defined in clause 2, Definitions of
this award.
Sessional staff will not work under the flexible hours
scheme on any sitting day and shall revert to standard hours for sitting days
Parliamentary Reporting Staff as defined in clause 2,
Definitions of this award.
(iv) Attendance - A
staff member's attendance outside the hours of a standard day but within the
bandwidth shall be subject to the availability of work.
(v) Bandwidth -
The bandwidth is the period during the day when staff may record time worked.
Time shall not be credited to an officer for attendance outside the bandwidth.
The bandwidth shall be between the hours of 7.30 am. and 6.00 pm, unless a
different time span has been negotiated under a local arrangement in terms of
clause 5, Local Arrangements of this award.
(vi) Coretime -
Coretime is the period during the day when staff are required to be on duty,
unless on authorised leave. The coretime shall be between the hours of
10.00a.m. and 4.00p.m, excluding the lunch break, unless other arrangements
have been negotiated under a local arrangement in terms of clause 5, Local
Arrangements of this award.
(vii) Lunch break -
The standard lunch period shall be 1 hour. With the approval of the supervisor,
the lunch period may be extended by the staff member up to 2 hours or reduced
to not less than 30 minutes within the span of hours 12.00 noon and 2.30 pm or
as other span of hours determined by the Clerk(s). Where a local arrangement has been negotiated in terms of clause
5, Local Arrangements of this award, the lunch break shall be taken in
accordance with such local arrangement.
(viii) Settlement
period - Unless a local arrangement has been negotiated in terms of clause 5,
Local Arrangements of this award, the settlement period shall be four weeks.
(a) For time
recording purposes the settlement period and flex leave must coincide.
(b) Where
exceptional circumstances apply, eg prolonged transport strikes, adverse
weather conditions and the like, the Clerk(s) may extend the affected settlement
period by a further 4 weeks.
(ix) Contract hours
- The contract hours for a settlement period shall be calculated by multiplying
the staff member's weekly contract hours by the number of weeks in a settlement
period.
(x) Flexible
working hours credit - A staff member may carry a maximum of 10 hours credit
into the next period. Time accumulated in excess of 10 hours at the end of a
settlement period shall be forfeited. Local arrangements in terms of clause 5,
Local Arrangements of this award may be negotiated in respect of the carry over
of the maximum flexible hours credit and the banking of any accumulated time.
(xi) Departments
shall ensure that a staff member does not constantly forfeit excess credit
hours at the conclusion of settlement periods as a result of reasonable
requests for flex leave being refused or the staff member being directed by the
supervisor to work long hours within the bandwidth.
(xii) Cessation of
duty - Except as provided in subclause (xiii) of this clause, a staff member
may receive payment for a flex day accrued and remaining untaken or not
forfeited on the last day of service:
(a) where the
staff member's services terminate without a period of notice for reasons other
than misconduct; or
(b) where an
application for flex leave which would have eliminated the accumulated day or
days was made during the period of notice of retirement or resignation and was
refused; or
(c) in such other
circumstances as have been negotiated between the Clerk(s) and the relevant
trade union(s) under a local arrangement in terms of clause 5, Local
Arrangements of this award.
(xiii) Where a staff
member ceases duty in the department in order to take up employment in another
public service or public sector organisation, the same provisions as apply to
recreation leave under the Public Sector Staff Mobility policy shall apply to
the accrued but untaken or not forfeited flex leave.
(xiv) Flexible
Working Hours Debit - The following provisions shall apply to the carry over of
flexible working hours debits, unless a local arrangement has been negotiated
in terms of clause 5, Local Arrangements of this award:
(a) A debit of up
to 10 hours at the end of a settlement period may be carried over into the next
period.
(b) Where the
debit exceeds 10 hours, the excess will be debited as leave without pay, unless
the staff member elects to be granted available recreation or extended leave to
offset the excess.
(c) Any debit of
hours outstanding on a staff member's last day of duty is to be deducted from
any unpaid salary or the monetary value of accrued recreation/extended
leave. If applicable, the debit of
hours may be transferred to the next NSW public sector organisation under the
Public Sector Staff Mobility policy.
(xv) Flex leave -
Subject to operational requirements, a staff member may take off one full day
or two half days in a settlement period of 4 weeks. Flex leave may be taken on
consecutive working days. Half day absences may be combined with other periods
of authorised leave. Local arrangements
in respect of the taking of flex leave may be negotiated in terms of clause 5,
Local Arrangements of this award.
(xvi) Absence during
coretime - Where a staff member needs to take a short period of authorised leave
within coretime, including late attendances, other than flex leave, the quantum
of leave to be granted shall be determined according to the provisions
contained in paragraph (d) subclause (ii) of clause 28, Leave General of this
award.
(xvii) Standard hours
- Notwithstanding the provisions of this clause, the Clerk(s) may direct the
staff member to work standard hours and not flexible hours be worked:
(a) where the
Clerk(s) decides that the working of flexible hours by a staff member or
members does not suit the operational requirements of the department or section
of the department, the relevant union shall be consulted, where appropriate; or
(b) as remedial
action in respect of a staff member who has been found to have deliberately and
persistently breached the flexible working hours scheme.
(xviii) Easter concession - Staff members who work under a
flexible working hours scheme may be granted, subject to the convenience of the
department, an additional half day's flex leave on the Thursday preceding the
Good Friday public holiday.
(xix) Flexible Work
Practices
(a) Nothing in
this award shall affect the hours of duty of a staff member who is covered by a
written flexible working hours agreement negotiated under Flexible Work
Practices, Policy and Guidelines.
(b) Flexible
working hours agreements negotiated in terms of the Flexible Work Practices,
Policy and Guidelines after the effective date of this award shall be subject
to the conditions specified in this award and in consultation with the relevant
trade union.
11. 38 Hour Week
Workers - Rostered Days Off
(i) The
provisions of this clause apply only to those staff members who work a 38-hour
week and are entitled to a rostered day off in a regular cycle.
(ii) Time for a
rostered day off accrues at 0.4 of an hour each 8 hour day.
(a) Except as
provided in paragraph (b) of this subclause, all paid ordinary working time and
paid leave count towards accrual of time for the rostered day off.
(b) Limit - When a
long period of approved leave is taken, accrual towards a rostered day off
applies only in respect of the 4 weeks period during which the staff member
resumes duty.
(c) Exception -
Notwithstanding the provisions of paragraph (b) of this subclause, where more
generous provisions apply to the accrual of rostered days off, such provisions
shall continue to apply until renegotiated.
(iii) In the event
of unforseen circumstances or the department's operational requirements, the rostered
day off may be deferred and taken at a later more suitable time.
(iv) Where seasonal
or school vacation considerations affect departmental operations, rostered days
off may be accrued and taken during a less active period.
(v) A rostered day
off is not to be re-credited if the staff member is ill or incapacitated on a
rostered day off.
(vi) Payment of
higher duties is not to be made to another staff member for undertaking some or
all of the duties of the staff member who is absent on a rostered day off.
(vii) An employee
who has not worked a complete cycle and has not accrued a full rostered day off
shall receive a pro-rata accrued entitlement in respect of the Rostered day off
which may be taken in conjunction with other leave to make up an absence for a
whole shift
(viii) On the
cessation of employment any accrued time toward a rostered day off will be paid
to the employee.
(ix) Security
Officers working a continuous shift roster:
(a) The ordinary
hours of duty shall be an average of 38 per week and not exceed 8 in any one
day
(b) A shift will
not be more than 8 hours inclusive of crib time.
(c) Meal Break -
Security Officers shall take a paid crib break of 30 minutes during each shift.
In addition a crib break of 15 minutes shall be taken within the first four
hours of each shift. Security Officers
shall take their crib breaks at their post if required to do so by Parliament
House management.
12. Non-Compliance
With Hours of Duty and Attendance
In the event of any persistent failure by a staff member to
comply with the hours of duty required to be worked, the Clerk(s), shall
investigate such non-compliance as soon as it comes to notice and shall take
appropriate remedial action according to the management of unsatisfactory
performance guidelines.
13. Existing
Determinations and Agreements - Hours of Duty
Any existing Determinations and Agreements on local
arrangements in respect of the hours of duty, which operated in a department or
part of a department as at the effective date of this award, shall continue to
apply until renegotiated.
14. Travel Allowances
(i) Travel
Allowance General
(a) Any authorised
official travel and associated expenses, properly and reasonably incurred by a staff
member required to perform duty at a location other than their normal
headquarters shall be met by the department.
(b) The Clerk(s)
shall require staff members to obtain an authorisation for all official travel
prior to incurring any travel expense.
(c) Where
available at a particular centre or location, the overnight accommodation to be
occupied by staff members who travel on official business shall be the middle
of the range standard, referred to generally as three star or three diamond
standard of accommodation.
(d) Where payment
of a proportionate amount of an allowance applies in terms of this clause, the
amount payable shall be the appropriate proportion of the daily rate. Any
fraction of an hour shall be rounded off to the nearest half-hour.
(ii) Excess
Travelling Time
(a) Excess
Travelling Time - A staff member directed by the Department Head to travel on
official business outside the usual hours of duty is entitled to apply and to
be compensated for such time either by:
(1) payment calculated
in accordance with the provisions contained in this subclause; or
(2) if it is
operationally convenient, by taking equivalent time off in lieu to be granted
for excess time spent in travelling on official business.
(b) Compensation
under subparagraphs (1) or (2) of paragraph (a) of this subclause, shall be
subject to the following conditions:
(1) on a
non-working day - all time spent travelling on official business;
(2) on a working
day - subject to the provisions of paragraph (e) of this subclause, all
additional time spent travelling before or after the staff member's normal
hours of duty.
(3) Period for
which compensation is being sought is more than a half an hour on any one day.
(c) No compensation
for travelling time shall be given in respect of travel between 11.00p.m. on
any one day and 7.30a.m. on the following day where the staff member has
travelled overnight and sleeping facilities have been provided for the staff
member.
(d) Compensation
for travelling time shall be granted only in respect of the time that might
reasonably have been taken by the use of the most practical and economic means
of transport.
(e) Compensation
for excess travelling time shall exclude the following:
(1) time normally
taken for the periodic journey from home to headquarters and return;
(2) any periods of
excess travel of less than 30 minutes on anyone day;
(3) travel to new
headquarters on permanent transfer, if special leave has been granted for the day
or days on which travel is to undertaken;
(4) time from
11.00p.m. on one day to 7.30a.m. on the following day if sleeping facilities
have been provided.
(5) travel not
undertaken by the most practical available route;
(6) working on
board ship where meals and accommodation are provided;
(7) any travel
undertaken by a member of staff whose salary includes an "all incidents of
employment" component;
(8) travel
overseas.
(f) Waiting Time
- When a staff member is required to wait for transport in order to commence a
journey to another location or to return to headquarters and such time is
outside the normal hours of duty, such waiting time shall be treated and
compensated in the same manner as travelling time.
(g) Payment -
Payment for travelling time calculated in terms of this subclause shall be at
the staff member's ordinary rate of pay on an hourly basis calculated as
follows:
Annual salary
|
x
|
5
|
x
|
1
|
1
|
|
260.89
|
|
Normal hours of
work
|
(h) The rate of
payment for travel or waiting time on a non-working day shall be the same as
that applying to a working day.
(i) Staff members
whose salary is in excess of the maximum rate for Clerk, Grade 5 shall be paid
travelling time or waiting time calculated at the maximum rate for Clerk, Grade
5 plus $1.00 per annum, as adjusted from time to time.
(j) Time off in
lieu or payment for excess travelling time or waiting time will not be granted
or made for more than eight hours in any period of 24 consecutive hours.
(k) Meal
Allowances - A staff member who is authorised by the Clerk(s) to undertake a
one day journey on official business which does not require the staff member to
obtain overnight accommodation, shall be paid the following allowances as set
out in Item 1 of Table 1 of Part B Rates for:
(1) breakfast when
required to commence travel at or before 6.00a.m. and at least 1 hour before
the prescribed starting time;
(2) an evening
meal when required to travel until or beyond 6.30p.m.; and
(3) lunch when
required to travel a total distance on the day of at least 100 kilometres and,
as a result, is located at a distance of at least 50 kilometres from the staff
member's normal headquarters at the time of taking the normal lunch break.
(iii) Accommodation
and Allowances (Non Government Accommodation)
(a) A staff member
who performs official duty at or from a temporary work location and, as a
result, is required to obtain temporary accommodation at the temporary work
location, shall be compensated for the expenses properly and reasonably
incurred during the time actually spent away from the staff member's residence
in order to perform that duty.
(b) For the first
35 days the allowance shall be either
(1) The
appropriate rate of allowance specified in Item 2 of table 1 Allowance of Part
B Monetary Rates for every period of 24 hours absence by the staff member from
their residence; and actual meal expenses properly and reasonably incurred
(excluding morning and afternoon teas) for any residual part day travel; or
(2) if the staff
member elects, actual expenses properly and reasonably incurred for the whole
trip on official business (excluding morning and afternoon teas) together with
an incidental expenses allowance set out in Item 3 of Table 1 Allowances of
Part B Monetary Rates.
(c) Payment of the
appropriate allowance for an absence of less than 24 hours may be made only
where the staff member satisfies the Clerk(s) that, despite the period being of
less than 24 hours duration, expenditure for accommodation and three meals has
been incurred. Where a staff member is unable to so satisfy the Clerk(s) or
where part day travel at the end of the trip is involved, the allowance payable
for part days of travel shall be limited to the actual expenses incurred during
such part day travel.
(d) A claim under
this subclause shall not be made at the set rate for part of the absence (see
paragraph (b) of this subclause) and then on the basis of actual expenses for
the other part of the absence, except as provided for in paragraph (c) of this
subclause.
(e) After the
first 35 days - If a staff member is required by the Clerk(s) to work in the
same temporary work location for more than 35 days, such staff member shall be
paid the appropriate rate of allowance as specified in item 4 of Table 1
allowances of part B Monetary Rates.
(f) Long term
arrangements - as an alterative to the provisions after the first 35 days set
out in paragraph (e) above the Clerk(s) could make alternative arrangements for
meeting the additional living expenses, properly and reasonably incurred by a
staff member working from a temporary work location.
(g) The return of
a staff member to their home at weekends, on rostered days off or during short
periods of leave while working from a temporary work location will not
constitute a break in temporary work arrangements.
(iv) Travel
allowances when staying in Government Accommodation.
When a staff member working from a temporary work
location and is provided with accommodation by the Government shall be entitled
to claim the incidental expenses allowance set out in Item 5 of the table -
Allowances of Part B monetary rates for the same period. If meals are not provided by the Government
at the temporary work location, the staff member shall be entitled to claim also
the reimbursement of any meal expenses properly and reasonably incurred during
the time spent at the temporary work location.
(v) An allowance
under subclauses (iii) or (iv) of this clause is not payable in respect of:
(a) any period
during which the staff member returns to their residence at weekends or public
holidays, commencing with the time of arrival at that residence and ending at
the time of departure from the residence;
(b) any period of
leave, except with the approval of the Department Head or as otherwise provided
by this subclause; or
(c) any other
period during which the staff member is absent from the staff member's
temporary work location otherwise than on official duty.
(d) Notwithstanding
paragraphs (a), (b) or (c) of this subclause, a staff member in receipt of an
allowance under subclauses (iii) or (iv) of this clause who is granted special
leave to return to their residence at a weekend, shall be entitled to an
allowance under subclause (iii) in respect of the necessary period of travel
for the journey from the temporary work location to the staff member's
residence; and for the return journey from the staff member's residence to the
temporary work location, but is not entitled to any allowance under this
subclause, or any other allowance, in respect of the same period.
(e) Notwithstanding
subparagraphs (a), (b) or (c) of this paragraph, a staff member in receipt of
an allowance under this subclause who, on ceasing to perform duty at or from a
temporary work location, leaves that location shall be entitled to an allowance
in accordance with subclause (iii) of this clause in respect of the necessary
period of travel to return to the staff member's residence or to take up duty
at another temporary work location, but is not entitled to any other allowance
in respect of the same period.
(vi) Increase or
reduction on payment of travelling Allowances - Where the Clerk(s) is satisfied
that an allowance under subclause (iii) or (iv) is:
(a) insufficient
to adequately reimburse the staff member for expenses properly and reasonably
incurred, a further amount may be paid to reimburse the staff member for the
additional expenses incurred; or
(b) in excess of
the amount which would adequately reimburse the staff member for expenses properly
and reasonably incurred, the Clerk(s) may reduce the allowance to an amount
which would reimburse the staff member for expenses incurred properly and
reasonably.
(vii) Production of
Receipts - As and when required by the Clerk(s), payment of travelling expenses
shall be subject to the production of receipts or other acceptable evidence of
expenditure.
(viii) Travelling
distance - The need to obtain overnight accommodation shall be determined by
the Clerk(s) having regard to the safety of the staff member or members
travelling on official business and local conditions applicable in the
area. Where staff members are required
to attend conferences or seminars which involve evening sessions or staff
members are required to make an early start at work in a location away from
their normal workplace, overnight accommodation shall be appropriately granted
by the Clerk(s).
15. Allowance Payable
for the Use of Private Motor Vehicles
(i) The Clerk(s)
may authorise a staff member to use a private motor vehicle for work where:
(a) such use will
result in greater efficiency or involve the department in less expense than if
travel were undertaken by other means; or
(b) where the
staff member is unable to use other means of transport due to a disability.
(ii) As defined in
clause 2, Definitions of this award, there shall be different classes of
allowance payable for the use of a private motor vehicle for work. The
appropriate rate of allowance shall be paid depending on the circumstances and
the purpose for which the vehicle is used.
(iii) The staff
member must have in force in respect of a motor vehicle used for work, in
addition to any policy required to be effected or maintained under the Motor
Vehicles (Third Party Insurance) Act 1942, a comprehensive motor vehicle
insurance policy to an amount and in a form approved by the Clerk(s).
(iv) A staff member
who, with the approval of the Clerk(s), uses a private motor vehicle for work
shall be paid an appropriate rate of allowance specified in Item 6 of Table 1
of Part B Rates for the use of such private motor vehicle.
(v) Where a
private vehicle is damaged while being used for work any normal excess
insurance charges prescribed by the insurer shall be reimbursed by the
department, provided:
(a) the damage is not
due to negligence by the staff member; and
(b) the charges
claimed by the staff member are not the charges prescribed by the insurer as
punitive excess charges.
(vi) Provided the
damage is not the fault of the staff member, the department shall reimburse to
a staff member the costs of repairs to a broken windscreen, if the staff member
can demonstrate that:
(a) the damage was
sustained on approved work activities; and
(b) the costs
cannot be met under the insurance policy due to excess clauses.
(vii) Expenses such
as tolls etc. shall be refunded to staff members where the charge was incurred
during approved work related travel.
(viii) Where a staff
member tows a trailer or horse-float during travel resulting from approved work
activities while using a private vehicle, the staff member shall be entitled to
an additional allowance as prescribed in Item 6 of Table 1 of Part B Rates.
(ix) Except as
otherwise specified in this award, a staff member shall bear the cost of
ordinary daily travel by private motor vehicle between the staff member's
residence and headquarters.
16. Overseas Travel
Allowance
Unless the Clerk(s) determines that a staff member shall be
paid travelling rates especially determined for the occasion, a staff member
who is required by the department to travel overseas on official business,
shall be paid the appropriate travelling rates as specified in the relevant
Premier’s Department Circular as issued from time to time.
17. Staff Exchanges
(i) The Clerk(s)
may arrange two way or one way exchanges with other organisations both public
and private, if the department or the staff member will benefit from additional
training and development which is intended to be used in the carrying out of
the department's business.
(ii) The
conditions applicable to those staff members who participate in exchanges will
be determined by the Clerk(s) according to the individual circumstances in each
case.
(iii) The
provisions of this subclause do not apply to the loan of services of staff
members to trade unions. The provisions of subclause (iv) of clause 46, Trade
Union Activities of this award apply to staff members who are loaned to their
trade union.
18. Community
Language Allowance Scheme (CLAS)
(i) Staff members
who possess a basic level of competence in a community language and who work in
locations where their community language is utilised at work to assist clients
and such staff members are not:
(a) employed as
interpreters and translators; and
(b) employed in
those positions where particular language skills are an integral part of
essential requirements of the position, shall be paid an allowance as specified
in Item 7 of Table 1 of Part B Rates.
19. First Aid
Allowance
(i) A staff
member appointed as a First Aid Officer shall be paid a first aid allowance at
the rate appropriate to the qualifications held by such staff member as
specified in Item 8 of Table 1 of Part B Rates.
(ii) The First Aid
Allowance shall not be paid during extended leave or any other continuous
period of leave which exceeds four weeks.
(iii) When the
First Aid Officer is absent on leave for one week or more and another qualified
staff member is selected to relieve in the First Aid Officer's position, such
staff member shall be paid a pro rata first aid allowance for assuming the
duties of a First Aid Officer.
20. Semi-Official
Telephone Reimbursement
(i) Reimbursement
of expenses associated with a private telephone service installed at the
residence of a staff member shall be made as specified in this subclause if the
staff member is required to be contacted or is required to contact others in
connection with the duties of his/her position in the department, as and when
required.
(ii) The service
must be located in the staff member's principal place of residence and its
telephone number communicated to all persons entitled to have out of hours
contact with the staff member.
(iii) The
semi-official telephone allowance applies to staff who are required, as part of
their duties to:
(a) give
decisions, supply information or provide emergency services; and/or
(b) be available
for reasons of safety or security for contact by the public outside of normal
office hours.
(iv) Unless better
provisions already apply to a staff member or a staff member has been provided
with an official telephone, reimbursement of expenses under this clause shall
be limited to the following:
(a) the connection
fee for a telephone service, if the service is not already available at the
staff member's principal place of residence;
(b) the full
annual base rental charged for the telephone service regardless of whether any
official calls have been made during the period; and
(c) the full cost
of official local, STD and ISD calls.
(v) To be eligible
for reimbursement, staff must submit their telephone account and a statement
showing details of all official calls, including:
(a) date, time,
length of call and estimated cost;
(b) name and phone
number of the person to whom call was made; and
(c) reason for the
call.
21. On-Call Allowance
Unless already eligible for an on-call allowance under
another industrial instrument, a staff member shall be:
(i) entitled to
be paid the on call allowance set out in Item 9 of Table 1 of Part B Rates when
directed by the department to be on call outside the staff member's working
hours;
(ii) if a staff
member who is on call, is called out by the department, the overtime provisions
as set out in Clause 48, Overtime of this award shall apply to the time worked;
(iii) where work
problems are resolved without travel to the place of work whether on a weekday,
weekend or public holiday, work performed shall be compensated at ordinary time
for the time actually worked, calculated to the next 15 minutes.
22. Service
Increments Allowance
(i) Staff members
defined as Security Officers who at the time of this award are in receipt of a
long service increment shall continue to receive long service increment as an
allowance on a personal basis. The
service increment allowance will be paid at the rate specified in Item 10 of
Table 1 of Part B Rates
(ii) Service
increments are not payable to staff members other than under subclause (i)
above.
23. Uniforms,
Protective Clothing and Their Maintenance
(i) Uniform, etc.
provided by the department - A staff member who is required or authorised by
the appropriate Clerk(s) to wear a uniform, protective clothing or other
specialised clothing in connection with the performance of official duties
shall be provided by the department with such clothing and, except as specified
in subclause (iii) of this clause, shall be paid an allowance at the rate
specified in Item 11 of Table 1 of Part B Rates for laundering the uniform or
protective clothing.
(ii) Uniform, etc.
provided by the staff member - Where the uniform, protective clothing or other
specialised clothing is provided by the staff member, such staff member shall
be reimbursed the cost of the uniform, protective clothing or other specialised
clothing.
(iii) Payment of
laundry allowance - Unless the staff member is entitled to receive a laundry
allowance under another industrial instrument, or the Parliament provides the
cleaning and laundry service, the staff member to whom subclause (i) or (ii) of
this clause apply, shall be paid an allowance at the rate specified in Item 11
of Table 1 of Part B Rates for laundering the uniform or protective clothing.
(iv) Where payment
of the laundry allowance is not appropriate because of the specialised nature
of the clothing, the cost of maintaining such clothing shall be met by the
department.
24. Compensation for
Damage to Or Loss of Staff Member's Personal Property
(i) Where damage
to or loss of the staff member's personal property occurs in the course of
employment, a claim may be lodged under the Workers Compensation Act
1987 and/or under any insurance policy of the department covering the damage to
or loss of the personal property of the staff member.
(ii) If a claim
under subclause (i) of this clause is rejected by the insurer, the Clerk(s) may
compensate a staff member for the damage to or loss of personal property, if
such damage or loss:
(a) is due to the
negligence of the department, another staff member, or both, in the performance
of their duties; or
(b) is caused by a
defect in a staff member's material or equipment; or
(c) results from a
staff member's protection of or attempt to protect departmental property from
loss or damage.
(iii) Compensation
in terms of subclause (ii) of this clause shall be limited to the amount
necessary to repair the damaged item. Where the item cannot be repaired or is
lost, the Clerk(s) may pay the cost of a replacement item, provided the item is
identical to or only marginally different from the damaged or lost item and the
claim is supported by satisfactory evidence as to the price of the replacement
item.
(iv) For the
purpose of this clause, personal property means a staff member's clothes,
spectacles, hearing-aid, tools of trade or similar items which are ordinarily
required for the performance of the staff member's duties.
(v) Compensation
for the damage sustained shall be made by the department where, in the course
of work, clothing or items such as spectacles, hearing aids, etc, are damaged
or destroyed by natural disasters or by theft or vandalism.
25. Monitoring
Computerised Building Management System Allowance
Staff members defined as Security Officers who are
authorised to undertake responsibilities associated with the operation of the
computerised building management system (R-Tec system) shall be paid an
allowance at the rate specified in Item 12 of Table 1 of Part B Rates for the
operation of the computerised building management system.
26. Leading Hand
Allowance
Staff members defined as Security Officers who perform the
duty of leading hand on a shift shall be paid an allowance at the rate
specified in Item 13 of Table 1 Allowances of Part B Monetary Rates for leading
hand.
27. Adjustment of
Allowances
(i) Allowances
contained in clauses 14 to 21, clause 23, and meal allowances contained in
clause 48, Overtime of this award, will be adjusted over the life of this award
in line with any increases in the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2006.
(ii) Allowances
contained in clauses 25, 26 and paragraph (xi) (b) of clause 48, Overtime, will
be adjusted in line with the Crown Employees (Public Sector - Salaries 2007)
Award or any variation or replacement award.
28. Leave General
(i) General
(a) The leave
provisions contained in this award apply to all staff members other than those
to whom arrangements apply under another industrial instrument or under a local
arrangement negotiated between the Clerk(s) and the relevant trade union in
terms of clause 5, Local Arrangements of this award.
(b) Unless
otherwise specified, part-time staff members will receive the conditions of
this clause on a pro rata basis, calculated according to the number of hours
worked per week.
(c) The leave
provisions of this award do not apply to an apprentice, except in respect of
recreation leave if the entitlement to recreation leave under the
apprenticeship award is less favourable than the recreation leave provisions
under this clause.
(d) A temporary
employee is eligible to take a period of approved leave during the current
period of employment and may continue such leave during a subsequent period or
periods of employment in the Parliament, if such period or periods of
employment commence immediately on termination of a previous period or periods
of employment.
(e) Where paid and
unpaid leave available to be granted under this clause are combined, paid leave
shall be taken before unpaid leave.
(ii) Absence from
Duty
(a) A staff member
must not be absent from work unless reasonable cause is shown.
(b) If a staff
member is absent from duty because of illness or other emergency, the staff
member shall notify or arrange for another person to notify the supervisor as
soon as possible of the staff member's absence and the reason for the absence.
(c) If a
satisfactory explanation for the absence is not provided, the staff member will
be regarded as absent from duty without authorised leave and the Clerk(s) shall
deduct from the pay of the staff member the amount equivalent to the period of
the absence.
(d) The minimum
period of leave available to be granted shall be a quarter day, unless local
arrangements negotiated in the workplace allow for a lesser period to be taken.
(e) Nothing in
this clause affects any proceedings for a breach of discipline against a staff
member who is absent from duty without authorised leave.
(iii) Application
for Leave
(a) An application
by a staff member for leave under this award shall be made to and dealt with by
the Clerk(s).
(b) the Clerk(s)
shall deal with the application for leave according to the wishes of the staff
member, if the operational requirements of the department permit this to be
done.
29. Leave for Casual
Employees
(i) Other than as
described under subclauses (iv), (v) and (vii) of this clause, casual employees
are not entitled to any other paid or unpaid leave.
(ii) Casual
employees will be paid 1/12th in lieu of annual leave.
(iii) Casual
employees will be entitled to long service leave in accordance with the
provisions of the Long Service Leave Act 1955.
(iv) Casual
employees are entitled to unpaid parental leave under Chapter 2, Part 4,
Division 1, section 54, Entitlement to Unpaid Parental leave, in accordance
with the Industrial Relations Act 1996.
The following provisions shall also apply in addition to those set out
in the Industrial Relations Act 1996 (NSW).
(a) The Clerk(s)
must not fail to re-engage a regular casual employee because:
(A) the employee or
employee’s spouse is pregnant; or
(B) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(v) 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 family member described in subclause (vi) of this clause
who is sick and requires care and support, or who requires care due to an
unexpected emergency, or the birth of a child.
This entitlement is subject to the evidentiary requirements set out
below in paragraph (d), and the notice requirements set out in paragraph (e).
(b) The Clerk(s)
and the casual employee shall agree on the period for which the employee will
be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) The Clerk(s)
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause.
The rights of an employer to engage or not to engage a casual employee
are otherwise not affected.
(d) The casual
employee shall, if required:
(A) establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person, or
(B) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, a casual employee must not
take carer’s leave under this subclause where another person had taken leave to
care for the same person.
(e) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is
not reasonably practicable to inform the employer during the ordinary hours of
the first day or shift of such absence, the employee will inform the employer
within 24 hours of the absence.
(vi) A family
member for the purposes of paragraph (v)(a) of this clause is:
(a) a spouse of
the staff member; or
(b) a de facto
spouse, being a person of the opposite sex to the staff member who lives with
the staff member as her husband or his wife on a bona fide domestic basis
although not legally married to that staff member; or
(c) child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the staff member or of the spouse or de
facto spouse of the staff member; or
(d) a same sex
partner who lives with the staff member as the de facto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member who is
a member of the same household where, for the purposes of this definition:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(vii) 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 family member on production of satisfactory
evidence (if required by the employer).
(b) The Clerk(s)
and the casual employee shall agree on the period for which the employee will
be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) The Clerk(s)
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause.
The rights of an employer to engage or not engage a casual employee are
otherwise not affected.
(d) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is
not reasonably practicable to inform the employer during the ordinary hours of
the first day or shift of such absence, the employee will inform the employer
within 24 hours of the absence.
30. Recreation Leave
(i) Accrual
(a) Except where
stated otherwise in this award, paid recreation leave for full time staff
members and recreation leave for staff members working part time, accrues at
the rate of 20 working days per year.
(b) Staff members
working part time shall accrue paid recreation leave on a pro rata basis, which
will be determined on the average weekly hours worked per leave year.
(c) Additional
recreation leave, at the rate of 5 days per year, accrues to a staff member,
who is stationed indefinitely in a remote area of the State, as defined in
clause 2, Definitions of this award.
(d) Additional
recreation leave, at the rate of 10 days per year, accrues to a staff member,
who is Sessional Staff as defined in clause 2, Definitions.
(e) Additional
recreation leave, at the rate of 5 days per year, accrues to a staff member
defined as a Security Officer who regularly works Saturday, Sunday and Public
Holidays as part of a continuous roster.
(f) A staff
member who is not defined as Sessional Staff who at 12 March 1992 was in
receipt of 6 weeks leave each year will continue to receive six (6) weeks leave
each year maintained on a personal basis.
(g) Recreation
leave accrues from day to day.
(ii) Limits on
Accumulation of recreation leave and direction to take leave
(a) At least two
(2) consecutive weeks of recreation leave (or a combination of recreation leave
and public holidays, flexleave, extended leave or, if the staff member elects,
leave without pay) shall be taken by a staff member every 12 months for
recreation purposes, except by agreement with the Clerk(s) in special
circumstances.
(b) Where the
operational requirements permit, the application for leave shall be dealt with
by the Clerk(s) according to the wishes of the staff member.
(c) The Clerk(s)
shall notify the staff member in writing when accrued recreation leave reaches
6 weeks or its hourly equivalent, and at the same time may direct a staff
member to take at least 2 weeks recreation leave within 3 months of the
notification at a time convenient to the Department or Section.
(d) The Clerk(s)
shall notify the staff member in writing when accrued recreation leave reaches
8 weeks or its hourly equivalent and may direct the staff member to take at
least 2 weeks recreation leave within 6 weeks of the notification. Such leave
is to be taken at a time convenient to the department or section.
(e) Staff defined
as Sessional Staff, in paragraph (c) 8 weeks substitutes for 6 weeks and in
paragraph (d) 10 weeks substitutes for 8 weeks.
(iii) Conservation
of recreation leave - If the Clerk(s) is satisfied that a staff member is
prevented by operational or personal reasons from taking sufficient recreation
leave to reduce the accrued leave below an acceptable level of less than 8
weeks, or its hourly equivalent the Clerk(s) shall:
(a) specify in
writing the period of time during which the excess shall be conserved; and
(b) on the
expiration of the period during which conservation of leave applies, grant
sufficient leave to the staff member at a mutually convenient time to enable
the accrued leave to be reduced to an acceptable level below the 8 week level
specified.
(c) The Clerk(s)
will inform a staff member in writing on a regular basis of the staff member's
recreation leave accrual.
(iv) Recreation
Leave - Other provisions
(a) Unless a local
arrangement has been negotiated between the Clerk(s) and the relevant trade
union, recreation leave is not to be granted for a period less than a
quarter-day or in other than multiples of a quarter day.
(b) Recreation
leave for which a staff member is eligible on cessation of employment is to be
calculated to a quarter day (fraction less than a quarter being rounded up).
(c) Recreation leave
does not accrue to a staff member in respect of any period of absence from duty
without leave or without pay, except as specified in paragraph (d) of this
subclause.
(d) Recreation
leave accrues during any period of leave without pay granted on account of
incapacity for which compensation has been authorised to be paid under the Workers
Compensation Act 1987; or any period of sick leave without pay or any other
approved leave without pay, not exceeding 5 full time working days, or their
part time equivalent, in any period of 12 months.
(e) The
proportionate deduction to be made in respect of the accrual of recreation
leave on account of any period of absence referred to in paragraph (d) of this
subclause above shall be calculated to an exact quarter day (fractions less
than a quarter being rounded down).
(f) Recreation
leave accrues at half its normal accrual rate during periods of extended leave
on half pay.
(g) On cessation
of employment, a staff member is entitled to be paid the money value of accrued
recreation leave, which remains untaken.
(h) A staff member
to whom paragraph (g) of this subclause applies may elect to take all or part
of accrued recreation leave which remains untaken at cessation of active duty
as leave or as a lump sum payment; or as a combination of leave and lump sum
payment.
(i) Death - Where
a staff member dies, the monetary value of recreation leave accrued and
remaining untaken as at the date of death shall be paid to the staff member's
nominated beneficiary.
(j) Where no
beneficiary has been nominated, the monetary value of recreation leave is to be
paid as follows:
(1) to the widow,
widower or de facto partner of the staff member; or
(2) if there is no
widow, widower or de facto partner, to the children of the staff member or, if
there is a guardian of any children entitled under this subclause, to that
guardian for the children's maintenance, education and advancement; or
(3) if there is no
such widow, widower or de facto partner or children, to the person who, in the
opinion of the Clerk(s) was, at the time of the staff member's death, a
dependent relative of the staff member; or
(4) if there is no
person entitled under subparagraphs (1) or (2) or (3) of this paragraph to
receive the money value of any leave not taken or not completed by a staff
member or which would have accrued to the staff member, the payment shall be
made to the personal representative of the staff member.
31. Annual Leave Loading
(i) General -
Unless more favourable conditions apply to a staff member under another
industrial instrument, a staff member, other than a trainee who is paid by
allowance, is entitled to be paid an annual leave loading as set out in this
subparagraph. Subject to the provisions
set out in subclauses (ii) to (vi) of this clause the annual leave loading
shall be 17½% on the monetary value of up to 4 weeks recreation leave accrued
in a leave year.
(ii) Loading on
additional leave accrued - Where additional leave is accrued by a staff
member:-
(a) as
compensation for work performed regularly on Sundays and/or Public Holidays,
the annual leave loading shall be calculated on the actual leave accrued or on
five weeks, whichever is the higher.
(b) if stationed
in an area of the State of New South Wales which attracts a higher rate of
annual leave accrual, the annual leave loading shall continue to be paid on a
maximum of 4 weeks leave.
(iii) Shift workers
- Shift workers proceeding on recreation leave are eligible to receive the more
favourable of:
(a) the shift
premiums and penalty rates, or any other allowances paid on a regular basis in
lieu thereof, which they would have received had they not been on recreation
leave; or
(b) 17½% annual
leave loading.
(iv) Maximum
Loading - Unless otherwise provided in an Award or Agreement under which the
staff member is paid, the annual leave loading payable shall not exceed the
amount which would have been payable to a staff member in receipt of salary
equivalent to the maximum salary for a Grade 12 Clerk.
(v) Leave year -
For the calculation of the annual leave loading, the leave year shall commence
on 1 December each year and shall end on 30 November of the following year.
(vi) Payment of
annual leave loading - Payment of the annual leave loading shall be made on the
recreation leave accrued during the previous leave year and shall be subject to
the following conditions:
(a) annual leave
loading shall be paid on the first occasion in a leave year, other than the
first leave year of employment, when a staff member takes at least two consecutive weeks leave for recreation
purposes. Such leave may be a combination of recreation leave and any of the
following: public holidays, flex leave, extended leave, leave without pay, time
off in lieu, rostered day off.
(b) if at least
two weeks leave as set out in paragraph (a) of this subclause is not taken in a
leave year, then the payment of the annual leave loading entitlement for the
previous leave year shall be made to the staff member as at 30 November of the
current year.
(c) while annual
leave loading shall not be paid in the first leave year of employment, it shall
be paid on the first occasion in the second leave year of employment when at
least two weeks leave, as specified in subparagraph (a) of this subclause is
taken.
(d) a staff member
who has not been paid the annual leave loading for the previous leave year,
shall be paid such annual leave loading on resignation, retirement or
termination by the employer for any reason other than the staff member's
serious and intentional misconduct.
(e) Except in
cases of Voluntary Redundancy, proportionate level Loading is not payable on
cessation of employment.
32. Sick Leave
(i) If the
Clerk(s) is satisfied that a staff member is unable to perform duty because of
the staff member's illness or the illness of his/her family member, the
Clerk(s):
(a) shall grant to
the staff member sick leave on full pay; and
(b) may grant to
the staff member, sick leave without pay if the absence of the staff member
exceeds the entitlement of the staff member under this Award to sick leave on
full pay.
(ii) Entitlements
(a) Sick leave on
full pay accrues to a staff member at the rate of 15 days each calendar year.
Any leave accrued and not taken accumulates.
(b) Sick leave on
full pay accrues at the beginning of the calendar year. If a staff member is
appointed after 1 January, sick leave on full pay accrues on a proportionate
basis for the year in which employment commences.
(c) All continuous
service as a staff member in the NSW public service shall be taken into account
for the purpose of calculating sick leave due.
Where the service in the NSW public service is not continuous, previous periods
of public service shall be taken into account for the purpose of calculating
sick leave due if the previous sick leave records are available.
(d) Notwithstanding
the provisions of paragraph (c) of this subclause, sick leave accrued and not
taken in the service of a public sector employer may be accessed in terms of
the Public Sector Staff Mobility Policy.
(e) Sick leave
without pay shall count as service for the accrual of recreation leave and paid
sick leave. In all other respects sick leave without pay shall be treated in the
same manner as leave without pay.
(f) When
determining the amount of sick leave accrued, sick leave granted on less than
full pay, shall be converted to its full pay equivalent.
(g) Paid sick
leave shall not be granted during a period of unpaid leave.
(iii) Payment
during the initial 3 months of service - Paid sick leave which may be granted
to a staff member, other than a seasonal or relief staff member, in the first 3
months of service shall be limited to 5 days paid sick leave, unless the
Clerk(s) approves otherwise. Paid sick
leave in excess of 5 days granted in the first 3 months of service shall be
supported by a satisfactory medical certificate.
(iv) Seasonal or
relief staff - No paid sick leave shall be granted to temporary employees who
are employed as seasonal or relief staff for a period of less than 3 months.
33. Sick Leave -
Workers Compensation
(i) The Clerk(s)
shall advise each staff member of the rights under the Workers Compensation
Act 1987, as amended from time to time, and shall give such assistance and
advice, as necessary, in the lodging of any claim.
(ii) A staff
member who is or becomes unable to attend for duty or to continue on duty in
circumstances which may give the staff member a right to claim compensation
under the Workers Compensation Act 1987 shall be required to lodge a
claim for any such compensation.
(iii) Where, due to
the illness or injury, the staff member is unable to lodge such a claim in
person, the Clerk(s) shall assist the staff member or the representative of the
staff member, as required, to lodge a claim for any such compensation.
(iv) The Clerk(s)
will ensure that, once received by the department, a staff member's worker's
compensation claim is lodged by the department with the workers compensation
insurer within the statutory period prescribed in the Workers Compensation
Act 1987.
(v) Pending the
determination of that claim and on production of an acceptable medical
certificate, the Clerk(s) shall grant sick leave on full pay for which the
staff member is eligible followed, if necessary, by sick leave without pay or,
at the staff member's election by accrued recreation leave or extended leave.
(vi) If liability
for the workers compensation claim is accepted, then an equivalent period of
any sick leave taken by the staff member pending acceptance of the claim shall
be restored to the credit of the staff member.
(vii) A staff member
who continues to receive compensation after the completion of the period of 26
weeks referred to in section 36 of the Workers Compensation Act 1987 may
use any accrued and untaken sick leave to make up the difference between the
amount of compensation payable under that Act and the staff member's ordinary
rate of pay. Sick leave utilised in this way shall be debited against the staff
member.
(viii) If a staff
member notifies the Clerk(s) that he or she does not intend to make a claim for
any such compensation, the Clerk(s) shall consider the reasons for the staff
member's decision and shall determine whether, in the circumstances, it is
appropriate to grant sick leave in respect of any such absence.
(ix) A staff member
may be required to submit to a medical examination under the Workers
Compensation Act 1987 in relation to a claim for compensation under that
Act. If a staff member refuses to submit to a medical examination without an
acceptable reason, the staff member shall not be granted available sick leave
on full pay until the examination has occurred and a medical certificate is
issued indicating that the staff member is not fit to resume employment.
(x) If the
Clerk(s) provides the staff member with employment which meets the terms and
conditions specified in the medical certificate issued under the Workers
Compensation Act 1987 and Workplace Injury Management and Workers
Compensation Act 1998 and, without good reason, the staff member fails to
resume or perform such duties, the staff member shall be ineligible for all
payments in accordance with this clause from the date of the refusal or
failure.
(xi) No further
sick leave shall be granted on full pay if there is a commutation of weekly
payments of compensation by the payment of a lump sum pursuant to section 51 of
the Workers Compensation Act 1987.
(xii) Nothing in
this clause prevents a staff member from appealing a decision or taking action
under other legislation made in respect of:-
(a) the staff
member's claim for workers' compensation;
(b) the conduct of
a medical examination by a Government or other Medical Officer;
(c) a medical
certificate issued by the examining Government or other Medical Officer; or
(d) action taken
by the Clerk(s) either under the Workers Compensation Act 1987 or any
other relevant legislation in relation to a claim for workers compensation,
medical examination or medical certificate.
34. Sick Leave -
Other Than Workers Compensation
(i) If the
circumstances of any injury to or illness of a staff member give rise to a
claim for damages or to compensation, other than compensation under the Workers
Compensation Act 1987, sick leave on full pay may, subject to and in
accordance with this clause, be granted to the staff member on completion of an
acceptable undertaking that:-
(a) any such
claim, if made, will include a claim for the value of any period of paid sick
leave granted by the department to the staff member; and
(b) in the event
that the staff member receives or recovers damages or compensation pursuant to
that claim for loss of salary or wages during any such period of sick leave,
the staff member will repay to the department the monetary value of any such
period of sick leave.
(ii) Sick leave on
full pay shall not be granted to a staff member who refuses or fails to complete
an undertaking, except in cases where the Clerk(s) is satisfied that the
refusal or failure is unavoidable.
(iii) On repayment
to the department of the monetary value of sick leave granted to the staff
member, sick leave equivalent to that repayment and calculated at the staff
member's ordinary rate of pay, shall be restored to the credit of the staff
member.
35. Sick Leave -
Requirements for Medical Certificate
(i) A staff
member absent from duty for more than 3 consecutive working days because of
illness must furnish a medical certificate to the Clerk(s) in respect of the
absence.
(ii) A staff
member shall be put on notice in advance if required by the Clerk(s) to furnish
a medical certificate in respect of an absence from duty for 3 consecutive
working days or less because of illness.
(iii) If there is
any concern about the reason shown on the medical certificate, the Clerk(s),
after discussion with the staff member, may refer the medical certificate and
the staff member's application for leave to Healthquest for advice.
(iv) The nature of
the leave to be granted to a staff member shall be determined by the Clerk(s)
on the advice of Healthquest.
(v) If sick leave
applied for is not granted, the Clerk(s) must, as far as practicable, take into
account the wishes of the staff member when determining the nature of the leave
to be granted.
(vi) A staff member
may elect to have an application for sick leave dealt with confidentially by
Healthquest in accordance with the general public service policy on
confidentiality, as applies from time to time.
(vii) If a staff
member who is absent on recreation leave or extended leave, furnishes to the
Clerk(s) a satisfactory medical certificate in respect of an illness which
occurred during the leave, the Clerk(s) may, subject to the provisions of this
clause, grant sick leave to the staff member as follows:-
(a) in respect of
recreation leave, the period set out in the medical certificate;
(b) in respect of
extended leave, the period set out in the medical certificate if such period is
5 working days or more.
(viii) Paragraph
(vii) above applies to all staff members other than those on leave prior to
resignation or termination of services, unless the resignation or termination
of services amounts to a retirement.
(ix) The reference
in subclause (i) of this clause to a medical certificate shall apply, as
appropriate, to the certificates of up to one week provided by a registered
dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and
maxillo facial surgeon or, at the Clerk(s)'s discretion, another registered
health services provider. Where the
absence exceeds one week, and unless the health provider listed above is also a
registered medical practitioner, applications for any further sick leave must
be supported by a medical certificate from a registered medical practitioner.
36. Sick Leave to
Care for a Family Member
When family and community service leave provided for in
clause 38, Family and Community Service Leave of this award is exhausted, a
staff member with responsibilities in relation to a category of person set out
in subclause (iii) of this clause who needs the staff member's care and
support, may elect to use available paid sick leave, subject to the conditions
specified in this subclause, to provide such care and support when a family
member is ill.
(i) The sick
leave shall initially be taken from the current leave year's entitlement
followed, if necessary, by the sick leave accumulated over the previous 3
years. In special circumstances, the
Clerk(s) may grant additional sick leave from the sick leave accumulated during
the staff member's eligible service.
(ii) If required
by the Clerk(s), the staff member must establish by production of a medical
certificate or statutory declaration, the illness of the person concerned.
(iii) The
entitlement to use sick leave in accordance with this subclause is subject to:
(a) the staff
member being responsible for the care and support of the person concerned; and
(b) the person
concerned being:-
a spouse of the staff member; or
a de facto spouse being a person of the opposite sex to
the staff member who lives with the staff member as her husband or his wife on
a bona fide domestic basis although not legally married to that staff member;
or
a child or an adult child (including an adopted child,
a step child, a foster child or an ex-nuptial child), parent (including a
foster parent or legal guardian), grandparent, grandchild or sibling of the
staff member or of the spouse or de facto spouse of the staff member; or
a same sex partner who lives with the staff member as
the de facto partner of that staff member on a bona fide domestic basis; or a
relative of the staff member who is a member of the same household, where for
the purposes of this definition:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
37. Parental Leave
Parental leave includes maternity, adoption leave and
"other parent" leave.
(i) Maternity
leave shall apply to a staff member who is pregnant and, subject to this clause
the staff member shall be entitled to be granted maternity leave as follows:
(a) For a period
up to 9 weeks prior to the expected date of birth; and
(b) For a further
period of up to 12 months after the actual date of birth.
(c) A staff member
who has been granted maternity leave and whose child is stillborn may elect to
take available sick leave instead of maternity leave.
(ii) Adoption
leave shall apply to a staff member adopting a child and who will be the
primary care giver, the staff member shall be granted adoption leave as
follows:
(a) For a period
of up to 12 months if the child has not commenced school at the date of the
taking of custody; or
(b) For such
period, not exceeding 12 months on a full-time basis, as the Clerk(s) may
determine, if the child has commenced school at the date of the taking of
custody.
(c) Special
Adoption Leave - A staff member shall be entitled to special adoption leave
(without pay) for up to 2 days to attend interviews or examinations for the
purposes of adoption. Special adoption leave may be taken as a charge against
recreation leave, extended leave, flexitime or family and community service
leave.
(iii) Where
maternity or adoption leave does not apply, "other parent" leave is
available to male and female staff who apply for leave to look after his/her
child or children. Other parent leave applies as follows:
(a) Short other
parent leave - an unbroken period of up to 8 weeks at the time of the birth of
the child or other termination of the spouse's or partner's pregnancy or, in
the case of adoption, from the date of taking custody of the child or children;
(b) Extended other
parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the staff member as provided for in paragraph
(a) of this subclause. Extended other parental leave may commence at any time
up to 2 years from the date of birth of the child or the taking of custody of
the child.
(iv) A staff member
taking maternity or adoption leave is entitled to payment at the ordinary rate
of pay for a period of 14 weeks, a staff member entitled to short other parent
leave is entitled to payment at the ordinary rate of pay for a period of up to
1 week, provided the staff member:
(a) Applied for
parental leave within the time and in the manner determined set out in
subclause (ix) of this clause; and
(b) Prior to the
commencement of parental leave, completed not less than 40 weeks' continuous
service.
(c) Payment for
the maternity, adoption or short other parent leave may be made as follows:
(1) in advance as
a lump sum; or
(2) fortnightly as
normal; or
(3) fortnightly at
half pay; or
(4) a combination
of full‑pay and half pay.
(v) Payment for
parental leave is at the rate applicable when the leave is taken. A member of
staff holding a full time position who is on part time leave without pay when
they start parental leave is paid:
(a) at the full
time rate if they began part time leave 40 weeks or less before starting
parental leave;
(b) at the part
time rate if they began part time leave more than 40 weeks before starting
parental leave and have not changed their part time work arrangements for the
40 weeks;
(c) at the rate
based on the average number of weekly hours worked during the 40 week period if
they have been on part time leave for more than 40 weeks but have changed their
part time work arrangements during that period.
(vi) A staff member
who has taken no more than 12 months full time parental leave or its part time
equivalent is entitled to be paid at their normal rate (ie the rate at which
they were paid before proceeding on parental leave) for another period of such
leave regardless of whether they resume their normal hours of work before
proceeding on leave for another pregnancy or adoption.
(vii) Except as
provided in subclauses (iv), (v) and (vi) of this clause parental leave shall
be granted without pay.
(viii) Right to
request
(a) A staff member
who has been granted parental leave in accordance with subclause (i), (ii) or
(iii) may make a request to the Clerk(s) to:
(1) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(2) return from a
period of full time parental leave on a part time basis until the child reaches
school age (Note: returning to work from parental leave on a part time basis
includes the option of returning to work on part time leave without pay);
to assist the staff member in reconciling work and
parental responsibilities.
(b) The Clerk(s)
shall consider the request having regard to the staff member’s circumstances
and, provided the request is genuinely based on the staff member’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the Clerk(s)’ business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(ix) Notification
Requirements
(a) When the
Clerk(s) is made aware that a staff member or their spouse is pregnant, or a
staff member’s spouse is pregnant or is adopting a child, the Clerk(s) must
inform the staff member of their entitlements and their obligations under the
award.
(b) A staff member
who wishes to take parental leave must notify the Clerk(s) in writing at least
8 weeks (or as soon as practicable) before the expected commencement of
parental leave:
(1) that she/he
intends to take parental leave, and
(2) the expected
date of birth or the expected date of placement, and
(3) if she/he is
likely to make a request under subclause (viii).
(c) At least 4
weeks before a staff member's expected date of commencing parental leave they
must advise:
(1) the date on
which the maternity, adoption or other parent leave is intended to start, and
(2) the period of
leave to be taken.
(d) Staff member’s
request and the Clerk(s)’ decision to be in writing
The staff member’s request under paragraph (viii)(a) and
the Clerk(s)’ decision made under paragraph (viii)(b) must be recorded in
writing.
(e) A staff member
intending to request to return from parental leave on a part time basis or seek
an additional period of leave of up to 12 months must notify the Clerk(s) in writing as soon as practicable and
preferably before beginning parental leave. If the notification is not given
before commencing such leave, it may be given at any time up to 4 weeks before
the proposed return on a part time basis, or later if the Clerk(s) agrees.
(f) A staff
member on maternity leave is to notify the Clerk(s) of the date on which she
gave birth as soon as she can conveniently do so.
(g) A staff member
must notify the Clerk(s) as soon as practicable of any change in her intentions
as a result of premature delivery or miscarriage.
(h) A staff member
on maternity or adoption leave may change the period of leave or arrangement,
once without the consent of the Clerk(s) and any number of times with the
consent of the Clerk(s). In each case she/he must give the Clerk(s) at least 14
days notice of the change unless the Clerk(s) decides otherwise.
(x) A staff member
has the right to her/his former position if she/he has taken approved leave or
part time work in accordance with subclause (viii), and she/he resumes duty
immediately after the approved leave or work on a part time basis.
(xi) If the
position occupied by the staff member immediately prior to the taking of
parental leave has ceased to exist, but there are other positions available
that the staff member is qualified for and is capable of performing, the staff
member shall be appointed to a position of the same grade and classification as
the staff member’s former position.
(xii) A staff member
does not have a right to her/his former position during a period of return to
work on a part time basis. If the Clerk(s) approves a return to work on a part
time basis then the position occupied is to be at the same classification and
grade as the former position.
(xiii) A staff member
who has returned to full time duty without exhausting their entitlement to 12
months unpaid parental leave is entitled to revert back to such leave. This may
be done once only, and a minimum of 4 weeks notice (or less if acceptable to
the Clerk(s)) must be given.
(xiv) A staff member
who is sick during her pregnancy may take available paid sick leave or accrued
recreation or extended leave or sick leave without pay. A staff member may
apply for accrued recreation leave, extended leave or leave without pay before
taking maternity leave. Any leave taken before maternity leave, ceases at the
end of the working day immediately preceding the day she starts her nominated
period of maternity leave or on the working day immediately preceding the date
of birth of the child, whichever is sooner.
(xv) A staff member
may elect to take available recreation leave or extended leave within the
period of parental leave provided this does not extend the total period of such
leave.
(xvi) A staff member may
elect to take available recreation leave at half pay in conjunction with
parental leave subject to:
(a) accrued
recreation leave at the date leave commences is exhausted within the period of
parental leave
(b) the total
period of parental leave, is not extended by the taking of recreation leave at
half pay
(c) When
calculating other leave accruing during the period of recreation leave at half
pay, the recreation leave at half pay shall be converted to the full time
equivalent and treated as full pay leave for accrual of further recreation,
extended and other leave at the full time rate
(xvii) If, for any
reason, a pregnant staff member is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
Clerk(s), should, in consultation with the member of staff, take all reasonable
measures to arrange for safer alternative duties. This may include, but is not
limited to greater flexibility in when and where duties are carried out, a
temporary change in duties, retraining, multi-skilling, teleworking and job
redesign.
(xviii) If such
adjustments cannot reasonably be made, the Clerk(s) must grant the staff member
maternity leave, or any available sick leave, for as long as it is necessary to
avoid exposure to that risk as certified by a medical practitioner, or until
the child is born which ever is the earlier.
(xix) Communication
during parental leave
(a) Where a staff
member is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the Clerk(s) shall take reasonable steps
to:
(1) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the staff member
held before commencing parental leave; and
(2) provide an
opportunity for the staff member to discuss any significant effect the change
will have on the status or responsibility level of the position the staff
member held before commencing parental leave.
(b) The staff
member shall take reasonable steps to inform the Clerk(s) about any significant
matter that will affect the staff member’s decision regarding the duration of
parental leave to be taken, whether the staff member intends to return to work
and whether the staff member intends to request to return to work on a part
time basis.
(c) The staff
member shall also notify the Clerk(s) of changes of address or other contact
details which might affect the Clerk(s)’ capacity to comply with paragraph (a).
38. Family and
Community Service Leave
(i) The Clerk(s)
shall, in the case of emergencies or in personal or domestic circumstances,
grant to a staff member some or all of the available family and community
service leave on full pay.
(ii) Such cases may
include but not be limited to the following:-
(a) compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
(b) accommodation
matters up to one day - such as attendance at court as defendant in an eviction
action, arranging accommodation, or when required to remove furniture and
effects;
(c) emergency or
weather conditions - such as when flood, fire or snow etc. threaten property
and/or prevent a staff member from reporting for duty;
(d) other personal
circumstances - such as citizenship ceremonies, parent/teacher interviews or
attending child's school for other reasons;
(iii) attendance at
court by a staff member to answer a charge for a criminal offence, if the
Clerk(s) considers the granting of family and community service leave to be
appropriate in a particular case.
(iv) staff members
who are selected to represent Australia or the State as competitors in major
amateur sport (other than Olympic or Commonwealth Games).
(v) staff who hold
office in Local Government other than as a Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council, to attend
meetings, conferences or other duties associated with that office where those
duties necessitate absence during normal working hours.
(vi) The maximum
amount of family and community service leave on full pay which may, subject to
this award, be granted to a staff member shall be the greater of the leave
provided in paragraphs (a) or (b) below:
(a) 2½ of the
staff member's working days in the first year of service and, on completion of
the first year's service, 5 of the staff member's working days in any period of
2 years; or
(b) After the
completion of 2 years continuous service, the available family and community
service leave is determined by allowing 1 day's leave for each completed year
of service less the total amount of short leave or family and community service
leave previously granted to the staff member.
(vii) If available
family and community service leave is exhausted as a result of natural
disasters, the Clerk(s) shall consider applications for additional family and
community service leave, if some other emergency arises. On the death of a
person defined in subclause (iii) of clause 36, Sick Leave to Care for a Family
Member, additional paid Family and Community Service leave of up to 2 days may
be granted on a discrete, per occasion basis to a staff member.
(viii) In cases of
illness of a family member for whose care and support the staff member is
responsible, paid sick leave in accordance with clause 36, Sick Leave to Care
for a Family Member, shall be granted when paid family and community service
leave has been exhausted.
39. Observance of Essential
Religious Or Cultural Obligations
(i) A staff
member of:
(a) any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
(b) any ethnic or
cultural background who seeks leave for the purpose of observing any essential
cultural obligations,
may be granted recreation/extended leave to credit,
flex leave, RDO or leave without pay to do so.
(ii) Provided
adequate notice as to the need for leave is given by the staff member to the
department and it is operationally convenient to release the staff member from
duty, the Clerk(s) must grant the leave applied for by the staff member in
terms of this subclause.
(iii) A staff
member of any religious faith who seeks time off during daily working hours to
attend to essential religious obligations of that faith, shall be granted such
time off by the Clerk(s), subject to:
(a) adequate
notice being given by the staff member;
(b) prior approval
being obtained by the staff member; and
(c) the time off
being made up in the manner approved by the Clerk(s).
(iv) Notwithstanding
the provisions of subclauses (i), (ii) and (iii) of this clause, arrangements
may be negotiated between the department and the relevant trade union(s) in
terms of clause 5, Local Arrangements of this award to provide greater
flexibility for staff members for the observance of essential religious or
cultural obligations.
40. Extended Leave
Extended leave shall accrue and shall be granted to staff
members in accordance with the provisions of Schedule 3 of the Public Sector
Employment and Management Act 2002.
41. Leave Without Pay
(i) The Clerk(s)
may grant leave without pay to a staff member if good and sufficient reason is
shown.
(ii) Leave without
pay may be granted on a full-time or a part-time basis.
(iii) Where a staff
member is granted leave without pay for a period not exceeding 10 consecutive
working days, the staff member shall be paid for any proclaimed public holidays
falling during such leave without pay.
(iv) Where a staff
member is granted leave without pay which, when aggregated, does not exceed 5
working days in a period of twelve (12) months, such leave shall count as
service for incremental progression and accrual of recreation leave.
(v) A staff member
who has been granted leave without pay, shall not engage in private employment
of any kind during the period of leave without pay, unless prior approval has
been obtained from the Clerk(s).
(vi) A staff member
shall not be required to exhaust accrued paid leave before proceeding on leave
without pay but, if the staff member elects to combine all or part of accrued
paid leave with leave without pay, the paid leave shall be taken before leave
without pay.
(vii) No paid leave
shall be granted during a period of leave without pay.
42. Military Leave
(i) During the
period of 12 months commencing on 1 July each year, the Clerk(s) may grant to a
staff member who is a volunteer part-time member of the Defence Forces,
military leave on full pay to undertake compulsory annual training and to
attend schools, classes or courses of instruction conducted by the staff
member's unit.
(ii) Up to 24
working days military leave per year may be granted by the Clerk(s) to members
of the Naval and Military Reserves and up to 28 working days per year to
members of the Air Force Reserve for the activities specified in subclause (i)
of this clause.
(iii) At the
expiration of military leave, the staff member shall furnish to the Clerk(s) a
certificate of attendance signed by the commanding officer or other responsible
officer.
43. Special Leave
(i) Witness at
Court - Official Capacity - When a staff member is subpoenaed or called as a
witness in an official capacity, the staff member shall be regarded as being on
duty.
(a) Salary and any
expenses properly and reasonably incurred by the staff member in connection
with the staff member's appearance at Court as a witness in an official
capacity shall be paid by the department.
(ii) Witness at Court
- Other than in Official Capacity - Crown Witness - A staff member who is
subpoenaed or called as a witness by the Crown (whether in right of the
Commonwealth or in right of any State or Territory of the Commonwealth) shall:
(a) be granted,
for the whole of the period necessary to attend as such a witness, special
leave on full pay; and
(b) pay into the
Parliament of the State of New South Wales all money paid to the staff member
under or in respect of any such subpoena or call other than any such money so
paid in respect of reimbursement of necessary expenses properly incurred in
answer to that subpoena or call.
(c) Union Witness
- a staff member called by their union to give evidence before an Industrial
Tribunal or in another jurisdiction, shall be granted special leave by the
department for the required period.
(iii) Called as a
witness in a private capacity - A staff member who is subpoenaed or called as a
witness in a private capacity shall, for the whole of the period necessary to
attend as such a witness, be granted at the staff member's election, available
recreation/extended leave on full pay or leave without pay.
(iv) Special Leave
- Examinations - Special leave on full pay up to a maximum of 5 days in any one
year shall be granted to staff members for the purpose of attending at any
examination approved by the Clerk(s).
(a) Special leave
granted to attend examinations shall include leave for any necessary travel to
or from the place at which the examination is held.
(v) Special Leave
- Union Activities - Special leave on full pay may be granted to staff members
who are accredited trade union delegates to undertake trade union activities as
provided for in Clause 47, Trade Union Activities of this award.
(vi) A staff member
who identifies as an Aborigine or a Torres Strait Islander may be granted up to
one day's special leave per year to enable the staff member to participate in
the National Day celebrations.
(vii) Special Leave
- Other Purposes - Special leave on full pay may be granted to staff members by
the Clerk(s) for such other purposes, during such periods and subject to the
conditions specified in the New South Wales Public Service Personnel Handbook
at the time the leave is taken.
44. Study Assistance
(i) Study Time -
The Clerk(s) shall have the power to grant or refuse study time.
(ii) Where the
Clerk(s) approves the grant of study time, the grant shall be subject to:
(a) the course
being a course relevant to the department and/or the Parliament; and
(b) the time being
taken at the convenience of the department or section.
(c) Study time not
exceeding a maximum of 4 hours per week
(iii) Study time
may be granted to both full and part-time staff. Part-time staff however shall
be entitled to a pro-rata allocation of study time to that of a full-time
staff.
(iv) Study time may
be used for:
(a) attending
compulsory lectures, tutorials, residential schools, field days etc., where
these are held during working hours; and/or
(b) necessary
travel during working hours to attend lectures, tutorials etc., held during or
outside working hours; and/or private study; and/or accumulation, subject to
the conditions specified in subclauses (vi) to (x) of this clause.
(v) Staff
requiring study time must nominate the type(s) of study time preferred at the
time of application and prior to the proposed commencement of the academic
period. The types of study time are as follows:-
(a) Face-to-Face -
Staff may elect to take weekly and/or accrued study time, subject to the
provisions for its grant.
(b) Correspondence
- Staff may elect to take weekly and/or accrued study time, or time off to
attend compulsory residential schools.
(c) Accumulation -
Staff may choose to accumulate part or all of their study time as provided in
paragraphs (vi) to (x) of this clause.
(vi) Accumulated
study time may be taken in any manner or at any time, subject to operational
requirements of the department.
(vii) Staff on
rotating shifts may accumulate study time so that they can take leave for a
full shift, where this would be more convenient to both the staff and the
department.
(viii) Where at the
commencement of an academic year/semester staff elects to accrue study time and
that staff member has consequently foregone the opportunity of taking weekly
study time, the accrued period of time off must be granted even if changed work
circumstances mean absence from duty would be inconvenient.
(ix) Staff
attempting courses which provide for annual examinations, may vary the election
as to accrual, made at the commencement of an academic year, effective from 1st
July in that year.
(x) Where a staff
member is employed after the commencement of the academic year, weekly study
time may be granted with the option of electing to accrue study time from 1st
July in the year of entry on duty or from the next academic year, whichever is
the sooner.
(xi) Staff studying
in semester based courses may vary their election as to accrual or otherwise
from semester to semester.
(xii) Correspondence
Courses - Study time for staff studying by correspondence accrues on the basis
of half an hour for each hour of lecture/tutorial attendance involved in the
corresponding face-to- face course, up to a maximum grant of 4 hours per week.
Where there is no corresponding face-to-face course, the training institution
should be asked to indicate what the attendance requirements would be if such a
course existed.
(xiii) Correspondence
students may elect to take weekly study time and/or may accrue study time and
take such accrued time when required to attend compulsory residential schools..
(xiv) Repeated
subjects - Study time shall not be granted for repeated subjects.
(xv) Expendable
grant - Study time if not taken at the nominated time shall be forfeited. If
the inability to take study time occurs as a result of a genuine emergency at
work, study time for that week may be granted on another day during the same
week.
(xvi) Examination
Leave - Examination leave shall be granted as special leave for all courses of
study approved in accordance with this clause.
(xvii) The period
granted as examination leave shall include:
(a) time actually
involved in the examination;
(b) necessary
travelling time, in addition to examination leave,
but is limited to a maximum of 5 days in any one year. Examination
leave is not available where an examination is conducted within the normal
class timetable during the term/semester and study time has been granted to the
staff member.
(xviii) The examination
leave shall be granted for deferred examinations and in respect of repeat
studies.
(xix) Study Leave -
Study leave for full-time study is granted to assist those staff members who
win scholarships/fellowships/awards or who wish to undertake full-time study
and/or study tours. Study leave may be granted for studies at any level,
including undergraduate study.
(xx) All staff
members are eligible to apply and no prior service requirements are necessary.
(xxi) Study leave
shall be granted without pay, except where the Clerk(s) approves financial
assistance. The extent of financial
assistance to be provided shall be determined by the Clerk(s) according to the
relevance of the study to the workplace and may be granted up to the amount
equal to full salary.
(xxii) Where
financial assistance is approved by the Clerk(s) for all or part of the study
leave period, the period shall count as service for all purposes in the same
proportion as the quantum of financial assistance bears to full salary of the
staff member.
(xxiii) Scholarships
for Part-Time Study - In addition to the study time/study leave provisions
under this subclause, the department may choose to identify courses or
educational programmes of particular relevance or value and establish a
departmental scholarship to encourage participation in these courses or
programmes. The conditions under which
such scholarships are provided should be consistent with the provisions of this
clause.
45. Staff Development
and Training Activities
(i) For the
purpose of this subclause, the following shall be regarded as staff development
and training activities:
(a) all staff
development courses conducted by a NSW Public Sector organisation;
(b) short
educational and training courses conducted by generally recognised public or
private educational bodies; and
(c) conferences,
conventions, seminars, or similar activities conducted by professional, learned
or other generally recognised societies, including Federal or State Government
bodies.
(ii) For the
purposes of this subclause, the following shall not be regarded as staff
development and training activities:-
(a) activities for
which study assistance under clause 44 is appropriate, including university or
TAFE courses;
(b) activities to
which other provisions of this award apply (e.g. courses conducted by trade unions);
and
(c) activities
which are of no specific relevance to the NSW Parliament.
(iii) Attendance of
a staff member at activities considered by the Clerk(s) to be:
(a) essential for
the efficient operation of the department; or
(b) developmental
and of benefit to the NSW Parliament
shall be regarded as on duty for the purpose of payment
of salary if a staff member attends such an activity during normal working
hours.
(iv) The following
provisions shall apply, as appropriate, to the activities considered to be
essential for the efficient operation of the department:
(a) recognition
that the staff members are performing normal duties during the course;
(b) adjustment for
the hours so worked under flexible working hours;
(c) payment of
course fees;
(d) payment of all
actual necessary expenses or payment of allowances in accordance with this
award, provided that the expenses involved do not form part of the course and
have not been included in the course fees; and
(e) payment of
overtime where the activity could not be conducted during the staff member's
normal hours and the Clerk(s) is satisfied that the approval to attend
constitutes a direction to work overtime under clause 48, Overtime of this
award.
(v) The following
provisions shall apply, as appropriate, to the activities considered to be
staff developmental and of benefit to the department or section
(a) recognition of
the staff member as being on duty during normal working hours whilst attending
the activity;
(b) payment of
course fees;
(c) reimbursement
of any actual necessary expenses incurred by the staff member for travel costs,
meals and accommodation, provided that the expenses have not been paid as part
of the course fee; and
(d) such other
conditions as may be considered appropriate by the Clerk(s) given the
circumstances of attending at the activity, such as compensatory leave for
excess travel or payment of travelling expenses.
(vi) Where the
training activities are considered to be principally of benefit to the staff
member and of indirect benefit to the department or section, special leave of
up to 10 days per year shall be granted to a staff member. If additional leave
is required and the Clerk(s) is able to release the staff member, such leave
shall be granted as a charge against available flexleave, recreation/extended
leave or as leave without pay.
(vii) Higher Duties
Allowance - Payment of a higher duties allowance is to continue where the staff
member attends a training or developmental activity whilst on duty in
accordance with this subclause.
46. Trade Union
Activities
(i) A trade union
delegate will be released from the performance of normal departmental duty in
respect of activities specified below. While undertaking such activities the
trade union delegate will be regarded as being on duty and will not be required
to apply for leave:
(a) Attendance at
meetings of the workplace's Occupational Health and Safety Committee and
participation in all official activities relating to the functions and
responsibilities of elected Occupational Health and Safety Committee members at
a place of work as provided for in the Occupational Health and Safety Act
2000 and the Occupational Health and Safety Regulation 2001;
(b) Attendance at
meetings with workplace management or workplace management representatives;
(c) A reasonable
period of preparation time, before
(1) meetings with
management
(2) disciplinary
or grievance meetings when a trade union member requires the presence of a
trade union delegate; and
(3) any other
meeting with management, by agreement with management, where operational
requirements allow the taking of such time;
(d) Giving
evidence in court on behalf of the employer;
(e) Appearing as a
witness before the Government and Related Employees Appeal Tribunal;
(f) Representing
their trade union at the Government and Related Employees Appeal Tribunal as an
advocate or as a Tribunal Member;
(g) Presenting
information on the trade union and trade union activities at induction sessions
for new staff of the department; and
(h) Distributing
official trade union publications or other authorised material at the
workplace, provided that a minimum of 24 hours notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is
to be kept to a minimum and is to be undertaken at a time convenient to the
workplace.
(ii) Trade Union
Activities regarded as Special Leave.
The granting of special leave with pay will apply to
the following activities undertaken by a trade union delegate, as specified
below:-
(a) annual or
biennial conferences of the delegate's union;
(b) meetings of
the union's Executive, Committee of Management or Councils;
(c) annual
conference of Unions NSW and the biennial Congress of the Australian Council of
Trade Unions;
(d) attendance at
meetings called by Unions NSW involving a public sector trade union which
requires attendance of a delegate;
(e) attendance at
meetings called by the Presiding Officer(s), as the employer for industrial
purposes, as and when required;
(f) giving
evidence before an Industrial Tribunal as a witness for the trade union;
(g) reasonable
travelling time to and from conferences or meetings to which the provisions of
subclauses (i), (ii) and (iii) of this clause apply.
(iii) Trade Union
Training Courses - The following training courses will attract the grant of
special leave as specified below:-
(a) accredited
Occupational Health and Safety (OH&S) courses and any other accredited
OH&S training for OH&S Committee members.
The provider(s) of accredited OH&S training courses
and the conditions on which special leave for such courses will be granted,
shall be negotiated between the Clerk(s) and the relevant trade union under a
local arrangement pursuant to clause 5, Local Arrangements of this award.
(b) courses
organised and conducted by the Trade Union Education Foundation or by the
member's trade union or a training provider nominated by the member's trade
union. A maximum of 12 working days in any period of 2 years applies to this
training and is subject to:
(1) the operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
(2) payment being
at the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc;
(3) all travelling
and associated expenses being met by the staff member or his/her union;
(4) attendance
being confirmed in writing by the member's trade union or a nominated training
provider.
(iv) Trade Union On
Loan Arrangements - Subject to the operational requirements of the workplace,
on loan arrangements will apply to the following activities:
(a) meetings
interstate or in NSW of a Federal nature to which a representative or member
has been nominated or elected by the union:-
(1) as an
Executive Member; or
(2) a member of a
Federal Council; or
(3) vocational or
industry committee.
(b) briefing counsel
on behalf of the union;
(c) assisting
union officials with preparation of cases or any other activity outside their
normal workplace at which the delegate is required to represent the interests
of their trade union;
(d) country tours
undertaken by a member of the Executive or Council of the trade union;
(e) taking up of
full time duties with the trade union if elected to the office of President,
General Secretary or to another full time position with the trade union.
(f) Financial
Arrangements - The following financial arrangements apply to the occasions when
a staff member is placed "on loan" to his/her trade union:-
(1) the department
will continue to pay the delegate or an authorised union representative whose
services are on loan to their trade union;
(2) the department
will seek reimbursement from the trade union at regular intervals of all salary
and associated on costs, including superannuation, as specified by the NSW
Treasury from time to time.
(3) Agreement with
the trade union on the financial arrangements must be reached before the on
loan arrangement commences and must be documented in a manner negotiated
between the Clerk(s) and the trade union.
(g) Recognition of
"on loan" arrangement as service - On loan arrangements negotiated in
terms of this clause are to be regarded as service for the accrual of all leave
and for incremental progression.
(h) Limitation -
On loan arrangements may apply to full-time or part-time staff and are to be
kept to the minimum time required. Where the trade union needs to extend an on
loan arrangement, the trade union shall approach the Clerk(s) in writing for an
extension of time well in advance of the expiration of the current period of on
loan arrangement.
(i) Where the
Clerk(s) and the relevant trade union cannot agree on the on loan arrangement,
the matter is to be referred to the Presiding Officer(s) for consultation with
the Clerk(s) and the trade union.
(v) Period of
Notice for Trade Union Activities - The Clerk(s) must be notified in writing by
the trade union or, where appropriate, by the accredited delegate as soon as
the date and/or time of the meeting, conference or other accredited activity is
known.
(vi) Access to
Facilities by Trade Union Delegates - The workplace shall provide accredited
delegates with reasonable access to the following facilities for authorised
union activities:
(a) telephone,
facsimile and, where available, E-mail facilities;
(b) a notice board
for material authorised by the union or access to staff notice boards for
material authorised by the union;
(c) workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the relevant trade union.
(vii) Responsibilities
of the Trade Union Delegate - Responsibilities of the union delegate are to:
(a) establish
accreditation as a delegate with the union and provide proof of accreditation
to the workplace;
(b) participate in
the workplace consultative processes, as appropriate;
(c) follow the
dispute settling procedure applicable in the workplace;
(d) provide
sufficient notice to the immediate supervisor of any proposed absence on
authorised union business;
(e) account for
all time spent on authorised union business;
(f) when special
leave is required, to apply for special leave in advance;
(g) distribute
union literature/membership forms, under local arrangements negotiated between
the Clerk(s) and the relevant trade union; and
(h) use any
facilities provided by the workplace properly and reasonably as negotiated at
organisational level.
(viii) Responsibilities
of the Trade Union - Responsibilities of the Trade Union are to:
(a) provide
written advice to the Clerk(s) about a Trade Union activity to be undertaken by
an accredited delegate and, if requested, to provide written confirmation to
the workplace management of the delegate's attendance/participation in the
activity;
(b) meet all
travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in paragraph (c) of subclause (ix) of this clause;
(c) pay promptly
any monies owing to the workplace under a negotiated on loan arrangement;
(d) provide proof
of identity when visiting a workplace in an official capacity, if requested to
do so by management;
(e) apply to the
Clerk(s) well in advance of any proposed extension to the "on loan"
arrangement; and
(f) assist the
workplace management in ensuring that time taken by the union delegate is
accounted for and any facilities provided by the employer are used reasonably
and properly;
(g) advise the
employer of any leave taken by the trade union delegate during the on loan
arrangement.
(ix) Responsibilities
of Workplace Management - Where time is required for union activities in accordance
with this clause the responsibilities of the workplace management are to:
(a) release the
accredited delegate from duty for the duration of the union activity, as
appropriate, and, where necessary, to allow for sufficient travelling time
during the ordinary working hours;
(b) meet the
travel and/or accommodation costs properly and reasonably incurred in respect
of meetings called by the workplace management;
(c) where possible,
provide relief in the position occupied by the delegate in the workplace, while
the delegate is undertaking union responsibilities to assist with the business
of workplace management;
(d) recredit any
other leave applied for on the day to which special leave or release from duty
subsequently applies;
(e) where a union
activity provided under this clause needs to be undertaken on the trade union
delegate's rostered day off or during an approved period of flex leave, apply
the provisions of paragraph (d) of this subclause;
(f) continue to
pay salary during an "on loan" arrangement negotiated with the
relevant union and to obtain reimbursement of salary and on-costs from the
union at regular intervals, or as otherwise agreed between the parties if long
term arrangements apply;
(g) verify with
the union the time spent by a union delegate or delegates on union business, if
required; and
(h) if the time
and/or the facilities allowed for union activities are thought to be used
unreasonably and/or improperly, consult with the trade union before taking any
remedial action.
(i) Advise the
accredited delegate of the date of the next induction session for new staff
members in sufficient time to enable the trade union to arrange representation
at the session
(x) Right of Entry
- The right of entry provisions shall be as prescribed under the Occupational
Health and Safety Act 2000 and the Occupational Health and Safety
Regulation 2001and the Industrial Relations Act 1996.
(xi) Travelling and
Other Costs of Trade Union Delegates
(a) Except as
specified in paragraph (c) of subclause (ix) of this clause, all travel and
other costs incurred by accredited union delegates in the course of trade union
activities will be paid by their union.
(b) In respect of
meetings called by the workplace management in terms of paragraph (c) of
subclause (ix) of this clause, the payment of travel and/or accommodation
costs, properly and reasonably incurred, is to be paid, as appropriate, on the
same conditions as apply under clause 14, Travel Allowances and clause 15,
Allowance payable for the Use of Private Motor Vehicles of this award.
(c) No overtime,
leave in lieu, shift penalties or any other additional costs will be claimable
by a staff member from the department, in respect of union activities covered
by special leave or on duty activities provided for in this clause.
(d) The on loan
arrangements shall apply strictly as negotiated and no extra claims in respect
of the period of on loan shall be made on the department by the union or the
staff member.
(xii) Industrial
Action
(a) Provisions of
the Industrial Relations Act 1996 shall apply to the right of union
members to take lawful industrial action.
(b) There will be no
victimisation of staff members prior to, during or following such industrial
action.
(xiii) Consultation
and Technological Change
(a) There shall be
effective means of consultation, as set out in the Consultative Arrangements
Policy and Guidelines document, on matters of mutual interest and concern, both
formal and informal, between management and the trade unions represented in the
department or section.
(b) Management
shall consult with the relevant trade union prior to the introduction of
technological change.
47. Shiftwork
(i) Shift
Loadings - A shift worker employed on a shift shall be paid, for work performed
during the ordinary hours of any such shift, ordinary rates plus the following
additional shift loadings depending on the commencing times of shifts:
Day - at or after 6am and before 10am Nil
Afternoon - at or after 10am and before 1pm 10%
Afternoon - at or after 1pm and before 4pm 12½%
Night - at or after 4pm and before 4am 15%
Night - at or after 4am and before 6am 10%
(ii) The loadings
specified in subclause (i) of this clause shall only apply to shifts worked
from Monday to Friday, except:
(a) The loadings
specified in subclause (i) shall not be paid to staff members employed as Security
Officers who receive a salary inclusive of a 10.3 percent loading for shifts
worked Monday to Friday.
(iii) Weekends and
Public Holidays - For the purpose of this clause any shift, the major portion
of which is worked on a Saturday, Sunday or Public Holiday shall be deemed to
have been worked on a Saturday, Sunday or Public Holiday and shall be paid as
such.
(iv) Saturday
Shifts - Shift workers working on an ordinary rostered shift between midnight
on Friday and midnight on Saturday which is not a public holiday, shall be paid
for such shifts at ordinary time and one half.
(v) Sunday Shifts
- Shift workers working on an ordinary rostered shift between midnight on
Saturday and midnight on Sunday which is not a public holiday, shall be paid
for such shifts at two times the rate for time worked.
(vi) Public
Holidays -
(a) where a shift
worker is required to and does work on a Public Holiday, the shift worker shall
be paid at two and a half times the rate for time worked. Such payment shall be
in lieu of weekend or shift allowances which would have been payable if the day
had not been a Public Holiday;
(b) a shift worker
rostered off duty on a Public Holiday shall be paid one day's pay for that
Public Holiday or have one day added to his/her annual holidays for each such
day;
(vii) Rosters -
Rosters covering a minimum period of 28 days, where practicable, shall be
prepared and issued at least 7 days prior to the commencement of the rosters.
Each roster shall indicate the starting and finishing time of each shift. Where
current or proposed shift arrangements are incompatible with the shift worker's
family, religious or community responsibilities, every effort to negotiate
individual alternative arrangements shall be made by the Clerk(s).
(viii) Notice of
Change of Shift - A shift worker who is required to change from one shift to
another shift shall, where practicable, be given forty eight (48) hours notice
of the proposed change.
(ix) Breaks between
Shifts - A minimum break of eight (8) consecutive hours between ordinary
rostered shifts shall be given.
(x) If a shift
worker resumes or continues to work without having had eight (8) consecutive
hours off duty, the shift worker shall be paid overtime until released from
duty for eight (8) consecutive hours. The shift worker will then be entitled to
be off duty for at least eight (8) consecutive hours without loss of pay for
ordinary working time which falls during such absence.
(xi) Time spent off
duty may be calculated by determining the amount of time elapsed after:-
(a) the completion
of an ordinary rostered shift; or
(b) the completion
of authorised overtime; or
(c) the completion
of additional travelling time, if travelling on duty, but shall not include
time spent travelling to and from the workplace.
(xii) Eight
Consecutive Hours Break on Overtime -
(a) When overtime
is necessary, wherever reasonably practicable, it shall be arranged so that
shift workers have at least eight (8) consecutive hours off duty.
(b) For Security Officers
10 hours will substitute for 8 hours in this clause except when overtime is
worked.
(1) for the
purpose of changing shift rosters; or
(2) where a shift
worker does not report for duty and another shift worker is required to replace
such shift worker; or
(3) where a shift
is worked by arrangements between the staff members themselves
(xiii) The rest
period off duty shall be not less than eight (8) consecutive hours when the
overtime is worked for the purpose of changing shift rosters except where an
arrangement between shift workers alters the ordinary rostered shift and such
alteration results in a rest period of less than eight (8) hours.
(xiv) Daylight Saving
- In all cases where a shift worker works during the period of changeover to
and from daylight saving time, the shift worker shall be paid the normal rate
for the shift.
(xv) In the event of
a failure of a Security Officer to attend for duty on a shift on which they are
rostered, a Security Officer who has completed the previous shift may be
required to stand in for the absent staff member. The staff member to stand in
will be the Leading Hand on the previous shift unless other arrangements are
agreed between the parties.
48. Overtime
(i) General
(a) A staff member
may be directed by the Clerk(s) or their delegate to work overtime, provided it
is reasonable for the staff member to be required to do so. A staff member may
refuse to work overtime in circumstances where the working of such overtime
would result in the staff member working unreasonable hours. In determining what is unreasonable, the
following factors shall be taken into account:
the staff member's prior commitments outside the
workplace, particularly their family and carer responsibilities, community
obligations or study arrangements,
any risk to the staff member’s health and safety,
the urgency of the work required to be performed during
overtime, the impact on the operational commitments of the organisation and the
effect on client services,
the notice (if any) given by the Clerk(s) or their
delegate regarding the working of the overtime, and by the staff member of
their intention to refuse overtime, or
any other relevant matter.
(b) Payment for
overtime shall be made only where the staff member works directed overtime.
(c) Payment for
overtime worked and/or on-call (standby) allowance shall not be made under this
clause if the staff member is eligible, under any other industrial instrument,
to:
(1) compensation
specifically provided for overtime and/or on-call (standby) allowance; or
(2) be paid an
allowance for overtime and/or on-call (standby) allowance; or
(3) a rate of
salary which has been determined as inclusive of overtime and/or on-call
(standby) allowance,
(d) Payment of
overtime will not be made to staff defined as Members’ staff in clause 2,
Definitions who receive an all incidence of employment allowance.
(ii) Overtime
(a) The provisions
of this clause shall not apply to:
(1) shift workers
as defined in clause 2, Definitions of this award and to whom provisions of
subclauses (iii) of this clause apply;
(2) staff members
covered by formal local arrangements in respect of overtime negotiated between
the Clerk(s) and the relevant trade union;
(3) staff members
to whom overtime provisions apply under another industrial instrument;
(4) staff members
whose salary includes compensation for overtime; and
(5) staff members
who receive an allowance in lieu of overtime.
(b) Rates -
Overtime shall be paid at the following rates:
(1) Weekdays
(Monday to Friday inclusive) - at the rate of time and one half for the first
two hours and at the rate of double time thereafter for all directed overtime
worked outside the staff member's ordinary hours of duty, if working standard
hours, or outside the bandwidth, if working under a flexible working hours
scheme, unless local arrangements negotiated in terms of clause 5, Local
Arrangements of this award apply;
(2) Saturday - All
overtime worked on a Saturday at the rate of time and one half for the first
two hours and at the rate of double time thereafter;
(3) Sundays - All
overtime worked on a Sunday at the rate of double time;
(4) Public
Holidays - All overtime worked on a public holiday at the rate of double time
and one half.
(iii) Overtime
Worked by Shift Workers
(a) The following
rates are payable for any overtime worked by shift workers and shall be in
substitution of and not cumulative upon the rates payable for shift work
performed on Monday to Friday, Saturday, Sunday or Public Holiday.
(1) Monday-Friday
- All overtime worked by shift workers Monday to Friday inclusive, shall be
paid for at the rate of time and one half for the first two hours and double
time thereafter.
(2) Saturday - All
overtime worked by shift workers on Saturday, shall be paid for at the rate of
time and one half for the first two hours and double time thereafter.
(3) Sunday - All
overtime worked by shift workers on a Sunday shall be paid for at the rate of
double time.
(4) Public
Holidays - All overtime worked on a public holiday shall be paid for at the
rate of double time and one half.
(iv) If a staff
member is absent from duty on any working day during any week in which overtime
has been worked the time so lost may be deducted from the total amount of overtime
worked during the week unless the staff member has been granted leave of
absence or the absence has been caused by circumstances beyond the staff
member's control.
(v) A staff member
who works overtime on a Saturday, Sunday or public holiday, shall be paid a
minimum payment as for three (3) hours work at the appropriate rate.
(vi) Rest Periods
(a) A staff member
who works overtime shall be entitled to be absent until eight (8) consecutive
hours have elapsed.
(b) Where a staff
member, at the direction of the supervisor, resumes or continues work without
having had eight (8) consecutive hours off duty then such staff member shall be
paid at the appropriate overtime rate until released from duty. The staff
member shall then be entitled to eight (8) consecutive hours off duty and shall
be paid for the ordinary working time occurring during the absence.
(c) The provision
of this clause, Rest periods, will not apply to sessional staff where the
overtime and attendance at work and rest period of less than 8 hours is the
result of a sitting of the Legislative Assembly or the Legislative Council.
(d) For Security
Officers, the provision of clause 47, Shift Work applies.
(vii) Recall to Duty
(a) A staff member
recalled to work overtime after leaving the employer's premises shall be paid
for a minimum of three (3) hours work at the appropriate overtime rates.
(1) For Security
Officers, 4 hours will substitute for 3 hours in this clause.
(b) The staff
member shall not be required to work the full three (3) hours if the job can be
completed within a shorter period.
(c) When a staff
member returns to the place of work on a number of occasions in the same day
and the first or subsequent minimum pay period overlap into the next callout
period, payment shall be calculated from the commencement of the first recall
until either the end of duty or three (3) hours from the commencement of the
last recall, whichever is the greater. Such time shall be calculated as one
continuous period.
(d) When a staff
member returns to the place of work on a second or subsequent occasion and a
period of three (3) hours has elapsed since the staff member was last recalled,
overtime shall only be paid for the actual time worked in the first and
subsequent periods with the minimum payment provision only being applied to the
last recall on the day.
(e) A recall to
duty commences when the staff member starts work and terminates when the work
is completed. A recall to duty does not
include time spent travelling to and from the place at which work is to be
undertaken.
(f) A staff
member recalled to duty within three (3) hours of the commencement of usual
hours of duty shall be paid at the appropriate overtime rate from the time of
recall to the time of commencement of such normal work.
(g) This subclause
shall not apply in cases where it is customary for a staff member to return to
the department's premises to perform a specific job outside the staff member's ordinary
hours of duty, or where overtime is continuous with the completion or
commencement of ordinary hours of duty.
Overtime worked in these circumstances shall not attract the minimum
payment of three (3) hours unless the actual time worked is three (3) or more
hours.
(viii) On call
(Standby)
When a staff member is directed to be on call or on
standby for a possible recall to duty, payment of an on call allowance shall be
made. Where a rate of on call allowance has not already been determined for the
staff member as at the date of the making of this award, the rate shown in item
11 of Table 1 - Allowances, of Part B Monetary Rates shall be made for the
duration of on call (standby).
(ix) Meal Breaks on
Overtime
(a) Staff members
not working flexible hours - A staff member required to work overtime on
weekdays for an hour and a half or more after the staff member's ordinary hours
of duty on weekdays, shall be allowed 30 minutes for a meal and thereafter, 30
minutes for a meal after every five hours of overtime worked.
(b) Staff member
working flexible hours - A staff member required to work overtime on weekdays
beyond 6.00 p.m. and until or beyond eight and a half hours after commencing
duty plus the time taken for lunch, shall be allowed 30 minutes for a meal and
thereafter, 30 minutes for a meal after every five hours of overtime worked.
(c) Staff Members
Generally - A staff member required to work overtime on a Saturday, Sunday or
Public Holiday, shall be allowed 30 minutes for a meal after every five hours
of overtime worked. A staff member who is unable to take a meal break and who
works for more than five hours shall be given a meal break at the earliest
opportunity.
(x) Meal
Allowances for Overtime
(a) If an adequate
meal is not provided by the department, a meal allowance shall be paid by the
department for meal breaks taken pursuant to subclause (ix) Meal Breaks on
Overtime of this clause, provided the Clerk(s) is satisfied that:
(1) the time
worked is directed overtime;
(2) the staff
member properly and reasonably incurred expenditure in obtaining the meal in
respect of which the allowance is sought;
(3) where the
staff member was able to cease duty for at least 30 minutes before or during
the working of overtime to take the meal, the staff member did so; and
(4) overtime is
not being paid in respect of the time taken for a meal break.
(b) The amount of
the allowance for the meal shall be at the rate specified in Item 14 of Table 1
- Allowances of Part B, Monetary Rates, as appropriate.
(c) Notwithstanding
the above provisions, nothing in this clause shall prevent the Clerk(s) and the
relevant trade union(s) from negotiating different meal provisions under a
local arrangement.
(xi) Senior Staff
payments:
(a) A staff member
whose salary, or salary and allowance in the nature of salary, exceeds the
maximum rate for Clerk Grade 8, as varied from time to time, shall be paid for
working directed overtime at the maximum rate for Clerk, Grade 8 plus $1.00,
unless the Clerk(s) approves payment for directed overtime at the staff
member's salary or, where applicable, salary and allowance in the nature of
salary.
(b) Sessional
Staff as defined in clause 2, Definitions, whose salary, or salary and
allowance in the nature of salary, exceeds an amount equivalent to the rate
prescribed as the maximum for a clerk grade 8, as varied from time to time,
shall be entitled to payment of an allowance as set in item 15 Part B, Table 1
Allowances in lieu of overtime on each occasion they are required to work beyond
8.00 pm in sitting periods.
(xii) The Clerk(s)
shall grant compensation for directed overtime worked either by payment at the
appropriate rate or, if the staff member so elects, by the grant of leave in
lieu in accordance with subclause (xiii) of this clause.
(xiii) Leave In Lieu
of Payment for overtime
(a) A staff member
who, at the direction of the Clerk(s) works overtime, may elect to take leave
in lieu of payment for all or part of the entitlement in respect of time
worked.
(b) The following
provisions shall apply to the leave in lieu:-
(1) he staff
member shall advise the supervisor before the overtime is worked or as soon as
practicable on completion of overtime, that the staff member intends to take
leave in lieu of payment;
(2) the leave shall
be calculated at the same rate as would have applied to the payment of overtime
in terms of this clause;
(3) the leave must
be taken at the convenience of the department, except when leave in lieu is
being taken to look after a sick family member. In such cases the conditions
set out in clause 36, Sick Leave to Care for a Family Member of this award
apply;
(4) the leave
shall be taken in multiples of a quarter day, unless debiting of leave in hours
or in fractions of an hour has been approved in the staff member's department
or section;
(5) leave in lieu
accrued in respect of overtime worked on days other than public holidays, shall
be given by the department and taken by the staff member within three months of
accrual unless alternate local arrangements have been negotiated between the
Clerk(s) and the relevant trade union(s);
(6) at the staff
member's election, leave in lieu accrued in respect of overtime worked on a
public holiday may be added to the staff member's annual leave credits and may
be taken in conjunction with annual leave; and
(7) a staff member
shall be paid for the balance of any overtime entitlement not taken as leave in
lieu.
(xiv) Compensation
for additional hours worked by Duty Officer, State Emergency Services.
The time spent at home as Duty officer, State Emergency
Services during flood alerts on weekends and public holidays, shall be
compensated by:-
(a) payment at the
rate of one third of one day’s pay for each tour of duty; or
(b) if so desired
by the staff member concerned, granting time off in lieu of payment calculated
in accordance with subclause (xiii) of this clause.
(xv) Calculation of
Overtime
(a) Unless a
minimum payment in terms of subclause (v) of this clause applies, overtime
shall not be paid if the total period of overtime worked is less than a quarter
of an hour.
(b) The formula
for the calculation of overtime at ordinary rates for staff members employed on
a five (5) day basis shall be:
Annual salary
|
x
|
5
|
x
|
1
|
1
|
|
260.89
|
|
Normal hours of
work
|
(c) The formula
for the calculation of overtime at ordinary rates for staff members employed on
a seven (7) day basis shall be:
Annual salary
|
x
|
7
|
x
|
1
|
1
|
|
365.25
|
|
Normal hours of
work
|
(d) To determine time
and one half, double time or double time and one half, the hourly rate at
ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated
to the nearest cent.
(e) Overtime is
not payable for time spent travelling.
(xvi) Adjustment of Meal
Allowances
(a) The rates of
overtime meal allowances shall be adjusted in accordance with the provisions
contained in clause 27, Adjustment of Allowances of this award.
(b) Where an
allowance under paragraph (a) of this subclause is insufficient to reimburse
the staff member the cost of a meal, properly and reasonably incurred, the
Clerk(s) shall approve payment of actual expenses.
(c) Where the meal
was not purchased, payment of a meal allowance shall not be made.
(d) Receipts shall
be provided to the Clerk(s) or his/her delegate in support of any claims for
additional expenses or when the staff member is required to substantiate the
claim.
(xvii) Provision of
Transport
(a) For the
purpose of this subclause, departure or arrival after 8.00 p.m. will determine
whether the provisions of this subclause apply.
Departure or arrival after 8.00 p.m. of a staff member
on overtime or a regular or rotating shift roster does not in itself warrant
the provision of transport. It needs to be demonstrated that the normal means
of transport, public or otherwise, is not reasonably available and/or that
travel by such means of transport places the safety of the staff member at
risk.
The responsibility of deciding whether the provision of
assistance with transport is warranted in the circumstances set out above,
rests with administrative units of departments where knowledge of each
particular situation will enable appropriate judgements to be made.
(b) Arrangement of
Overtime
Where overtime is required to be performed, it should
be arranged, as far as is reasonably possible, so that the staff member can use
public transport or other normal means of transport to and from work.
(c) Provision of
Taxis
Where a staff member, other than a staff working rostered
shifts, ceases overtime duty after 8.00 p.m. and public transport or other
normal means of transport is not reasonably available, arrangements may be made
for transport home or to be provided by way of taxi.
49. Grievance and
Dispute Settling Procedures
(i) All
grievances and disputes relating to the provisions of this award shall
initially be dealt with as close to the source as possible, with graduated
steps for further attempts at resolution at higher levels of authority within
the appropriate department, if required.
(ii) A staff
member is required to notify in writing their immediate manager, as to the
substance of the grievance, dispute or difficulty, request a meeting to discuss
the matter, and if possible, state the remedy sought.
(iii) The immediate
manager shall convene a meeting in order to resolve the grievance, dispute or
difficulty within three (3) working days, or as soon as practicable, of the
matter being brought to attention.
(iv) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Ant-
Discrimination Act 1977) that makes it impractical for the staff member to
advise their immediate manager the notification may occur to the next
appropriate level of management, including where required, to the Clerk(s) or
appointed deputy.
(v) If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within three (3) working days, or as
soon as practicable. This sequence of reference to successive levels of
management may be pursued by the staff member until the matter is referred to
the Clerk(s).
(vi) The Clerk(s)
may refer the matter to the Presiding Officer(s) for consideration.
(vii) If the matter
remains unresolved, the Clerk(s) shall provide a written response to the staff
member and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
(viii) A staff
member, at any stage, may request to be represented by their union.
(ix) The staff
member or the union on their behalf, or the Clerk(s) may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
(x) The staff
member, union, department and Presiding Officer(s) shall agree to be bound by
any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (ix) of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties, or, in
the case involving occupational health and safety, if practicable, normal work
shall proceed in a manner which avoids any risk to the health and safety of any
staff member or member of the public.
50. Anti
Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
51. Existing
Entitlements
The provisions of this award shall not affect any
entitlements existing in a department or section at the time this award is
made, if such provisions are better than the provisions contained in this
award. Such entitlements are hereby
expressly preserved until renegotiated with the relevant trade union.
52. Deduction of
Union Membership Fees
(i) The union
shall provide the Presiding Officers with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union’s
rules.
(ii) The union
shall advise the Presiding Officers of any change to the amount of fortnightly
membership fees made under its rules.
Any variation to the schedule of union fortnightly membership fees
payable shall be provided to the union at least one month in advance of the
variation taking effect.
(iii) Subject to
(i) and (ii) above, the Presiding Officers shall deduct union fortnightly
membership fees from the salary of any staff member who is a member of the
union in accordance with the union’s rules, provided that the staff member has
authorized the Presiding Officers to make such deductions.
(iv) Monies so
deducted from staff members’ salary shall be forwarded regularly to the union
together with all necessary information to enable the union to reconcile and
credit subscriptions to staff members’ union membership accounts.
(v) Unless other
arrangements are agreed to by the Presiding Officers and the union, all union
membership fees shall be deducted on a fortnightly basis.
(vi) Where a staff
member has already authorized the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the staff member to make a fresh authorization in order for
such deductions to continue.
53. Secure Employment
(i) 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.
(ii) 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 sub-clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(c) Any casual
employee who has a right to elect under paragraph (ii)(a), upon receiving
notice under paragraph (ii)(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 (ii)(c), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (ii)(c), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is
agreed that the employee will become a part-time employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this award pursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(g) Following an
agreement being reached pursuant to paragraph (f), 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.
(iii) Occupational
Health and Safety
(a) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(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):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(c) Nothing in
this subclause (iii) 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.
(iv) 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.
(v) 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.
Part B
MONETARY RATES
Table 1 -
Allowances
Effective 1 July
2007
Item No.
|
Clause No
|
Description
|
Amount
|
|
|
|
$
|
1
|
Clause 14 (ii) (k)
|
Meal Expenses on One Day Journeys
|
|
|
|
|
|
|
|
Capital cities and high cost country centres
|
|
|
|
(see list in item 2)
|
|
|
|
Breakfast
|
20.20
|
|
|
Dinner
|
38.95
|
|
|
Lunch
|
22.65
|
|
|
Tier 2 and other country centres
|
|
|
|
(see list in item 2)
|
|
|
|
Breakfast
|
18.05
|
|
|
Dinner
|
35.60
|
|
|
Lunch
|
20.65
|
2
|
Clause 14
|
Travelling Allowances When Staying in Non-
|
|
|
|
Govt.
|
|
|
|
Accommodation
|
|
|
|
Capital Cities
|
Per day
|
|
|
Adelaide
|
$242.25
|
|
|
Brisbane
|
$253.25
|
|
|
Canberra
|
$211.25
|
|
|
Darwin
|
$238.25
|
|
|
Hobart
|
201.25
|
|
|
Melbourne
|
247.25
|
|
|
Perth
|
233.25
|
|
|
Sydney
|
280.25
|
|
|
|
|
|
|
High cost country centres
|
Per day
|
|
|
|
|
|
|
Alice Springs (NT)
|
195.25
|
|
|
Ballarat (Vic)
|
199.25
|
|
|
Bendigo (Vic)
|
204.75
|
|
|
Broome (WA)
|
250.25
|
|
|
|
|
|
|
Bunbury (WA)
|
194.25
|
|
|
Burnie (Tas)
|
210.75
|
|
|
Carnarvon (WA)
|
206.75
|
|
|
Christmas Island (WA)
|
217.25
|
|
|
Cocos (Keeling) Island
|
197.25
|
|
|
Dampier (WA)
|
247.25
|
|
|
Derby (WA)
|
236.25
|
|
|
Devonport (Tas)
|
203.75
|
|
|
Emerald (QLD)
|
193.75
|
|
|
Exmouth (WA)
|
224.75
|
|
|
Geraldton (WA)
|
194.25
|
|
|
Gold Coast (QLD)
|
215.25
|
|
|
Halls Creek (WA)
|
222.25
|
|
|
Horn Island (QLD)
|
216.25
|
|
|
Jabiru (NT)
|
287.25
|
|
|
Kadina (SA)
|
194.25
|
|
|
Kalgoorlie (WA)
|
199.75
|
|
|
Karratha (WA)
|
286.25
|
|
|
Kununurra (WA)
|
244.25
|
|
|
Launceston (TAS)
|
198.25
|
|
|
Mackay (QLD)
|
197.25
|
|
|
Maitland (NSW)
|
195.75
|
|
|
Mount Gambier (SA)
|
194.25
|
|
|
Mount Isa (QLD)
|
207.25
|
|
|
Naracoorte (SA)
|
193.25
|
|
|
Newcastle (NSW)
|
202.25
|
|
|
Newman (WA)
|
233.25
|
|
|
Norfolk Island
|
195.25
|
|
|
Port Hedland (WA)
|
276.75
|
|
|
Port Lincoln (SA)
|
193.25
|
|
|
Port Macquarie (NSW)
|
200.25
|
|
|
Portland (VIC)
|
198.25
|
|
|
Thursday Island (QLD)
|
262.25
|
|
|
Wagga Wagga (NSW)
|
197.75
|
|
|
Warrnambool (VIC)
|
196.75
|
|
|
Weipa (Qld)
|
222.25
|
|
|
Whyalla (SA)
|
194.25
|
|
|
Wollongong (NSW)
|
195.75
|
|
|
Wonthaggi (VIC)
|
208.25
|
|
|
Yulara (NT)
|
410.25
|
|
|
Tier 2 country centres
|
Per day
|
|
|
Albany (WA)
|
180.75
|
|
|
Bairnsdale (VIC)
|
180.75
|
|
|
Bathurst (NSW)
|
180.75
|
|
|
Bordertown (SA)
|
180.75
|
|
|
Bright (VIC)
|
180.75
|
|
|
Broken Hill (NSW)
|
180.75
|
|
|
Cairns (Qld)
|
180.75
|
|
|
Castlemaine (VIC)
|
180.75
|
|
|
Ceduna (SA)
|
180.75
|
|
|
Dalby (QLD)
|
180.75
|
|
|
Dubbo (NSW)
|
180.75
|
|
|
Echuca (VIC)
|
180.75
|
|
|
Esperance (WA)
|
180.75
|
|
|
Gladstone (QLD)
|
180.75
|
|
|
Horsham (VIC)
|
180.75
|
|
|
Innisfail (QLD)
|
180.75
|
|
|
Orange (NSW)
|
180.75
|
|
|
Port Augusta (SA)
|
180.75
|
|
|
Renmark (SA)
|
180.75
|
|
|
Roma (QLD)
|
180.75
|
|
|
Seymour (VIC)
|
180.75
|
|
|
|
|
|
|
|
Per Day
|
|
|
Other country centres
|
170.75
|
3
|
Clause 14(iii)
|
Incidental expenses when claiming actual expenses
|
15.45
|
|
(b)(2)
|
- all locations
|
|
4
|
Clause 14 (iii)(e)
|
Daily allowance payable after 35 days and up to 6
|
50% of the
|
|
|
months in the same location - all locations
|
appropriate
|
|
|
|
location
|
|
|
|
rate
|
5
|
Clause 14(iv)
|
Government accommodation- incidental expenses
|
15.45
|
|
|
(per day)
|
|
6
|
Clause 15
|
Use of private motor vehicle
|
Cents per
|
|
|
|
kilometre
|
|
|
Official business
|
|
|
|
Engine capacity-
|
|
|
|
2601cc and over
|
83.0
|
|
|
1601cc to 2600cc
|
77.3
|
|
|
1600cc or less
|
55.3
|
|
|
|
|
|
|
Casual rate
|
|
|
|
Engine capacity-
|
|
|
|
2601cc and over
|
29.5
|
|
|
1601cc-2600cc
|
27.4
|
|
|
1600cc or less
|
23.1
|
|
|
|
|
|
|
Motor cycle allowance
|
|
|
|
Normal business
|
36.4
|
|
|
During transport disruptions
|
18.3
|
|
|
Towing trailer or horse float Transport allowance
|
10.7
|
|
|
Engine capacity-
|
|
|
|
Over 1600cc
|
35.4
|
|
|
1600cc and under
|
29.6
|
7
|
Clause 18
|
Community Language Allowance Scheme
|
Per annum
|
|
|
- Base Level Rate
|
1,036
|
|
|
- Higher Level Rate
|
1,556
|
8
|
Clause 19
|
First aid allowance
|
Per annum
|
|
|
- Holders of basic qualifications
|
666.00
|
|
|
-Holders of current occupational first aid certificate
|
1,002
|
9
|
Clause 21
|
On-call allowance (per hour)
|
0.73 per
|
|
|
|
hour
|
10
|
Clause 22
|
Service Increments Allowance
|
Per annum
|
|
|
After 12 months service
|
26.00
|
|
|
On completion of 2 years
|
26.00
|
|
|
On completion of each five years
|
32.00
|
11
|
Clause 23
|
Laundry Allowance
|
3.85 per
|
|
|
|
week
|
12
|
Clause 25
|
Monitoring Computerised Building Maintenance
|
837 per
|
|
|
System (R-tec)
|
annum
|
13
|
Clause 26
|
Leading Hand
|
6.05 per
|
|
|
|
shift
|
14
|
Clause 48 (x)
|
Overtime meal allowances
|
|
|
|
Breakfast
|
22.60
|
|
|
Lunch
|
22.60
|
|
|
Dinner
|
22.60
|
|
|
Supper
|
8.70
|
15
|
Clause 48(xi)(b)
|
Allowance in lieu of overtime
|
294.73 per
|
|
|
Sessional Staff Above Clerk grade 8
|
occasion
|
D. W. RITCHIE, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.