Crown
Employees (Home Care Service of New South Wales - Administrative Staff) Award
2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales, Industrial Organisation of Employees.
(No. IRC 138 of 2006)
|
Before Commissioner
Cambridge
|
1 February 2007
|
VARIATION
1. Delete the clause
number and subject matter of clause 30. Short Leave in clause 1, Arrangement of
the award published 6 May 2005 (350 I.G. 951) and insert in lieu thereof the
following:
30. Family and
Community Service Leave
2. Delete Step 3
of clause 6, Grievance/Dispute Settling Procedures, and insert in lieu thereof
the following:
Step 3
Where the grievance or dispute involves confidential or
other sensitive material (including issues of harassment or discrimination
under the Anti-Discrimination Act 1977) that makes it impractical for
the employee to advise their immediate Manager, the notification may occur to
the next appropriate level of management, including, where required, to the
Department head or delegate.
3. Delete clause
11, Flexi-time, and insert in lieu thereof the following:
11. Flexi-Time
(i) Application
The provisions contained in this clause apply to all
permanent employees including those employed on a part-time basis.
(ii) Bandwidth
(a) The Bandwidth
is 7.00 am to 7.00 pm, Monday to Friday, during which time normal work can be
undertaken, based on the conditions contained in this clause.
(b) Time worked
outside the Bandwidth will attract overtime in accordance with clause 19,
Overtime of this award.
(c) Alteration to
the Bandwidth shall be by agreement.
(iii) Credit/Debit
Hours
(a) Credit/Debit
Hours are identified as being the difference between the hours an employee has
accumulated in a four weekly period and the ordinary hours of 140.
(b) Hours in
excess of 140 are credit hours, those less than 140 hours are debit hours.
(iv) Coretime and
Standard Time
(a) Coretime is
the period during the day within Standard Hours when all staff are required to
be on duty, unless on authorised leave.
(b) Coretime shall
be set by each Work Location.
(c) Coretime shall
be of 6 hours duration, exclusive of a meal break.
(d) Standard time
shall be the hours a Work Location is normally open and operating and shall be
set by Central Office.
(v) Lunch and Meal
Breaks
(a) Approval may
be sought for a Work Location to have a flexible lunch period. The minimum
lunch period shall be a half hour. Under normal circumstances the maximum lunch
period shall be one hour.
(b) Lunch periods
in excess of one hour shall be determined in consultation with the Authorising
Officer, ensuring that such an extension does not prevent the proper
functioning of the Section to which the employee is attached.
(c) An employee
shall not be required to be on duty for more than 5 ordinary hours from the
time of commencement without a break.
(vi) Accumulation
and Carry Over
(a) An employee
may accumulate credit or debit hours throughout a period, provided that at the
end of the period the number of credit hours carried forward does not exceed 14
hours and any debit hours carried forward does not exceed 10 hours.
(b) Where an
employee's accumulation of credit hours at the end of a period exceeds 14 hours
the excess hours shall be forfeited.
(c) Authorising
Officers shall make every effort to ensure that an employee does not
consistently forfeit excess credit hours at the conclusion of periods as a
result of requests for flexileave being refused.
(d) Where an
employee's accumulation of debit hours at the end of a period exceeds 10 hours,
the excess hours accumulated shall be taken as annual leave where available or
leave without pay where no annual leave exists.
(vii) Flexileave
(a) An employee
may take off in core time a maximum of one (2) full day or two (4) halfdays at
any time during a period. A half-day is three and a half hours for full-time
staff and half the normal hours worked for part-time staff.
(b) It is not
necessary for an employee to have a credit balance when taking flexileave.
(c) Flexileave may
be taken immediately before or after annual leave.
(d) Flexileave
cannot be taken during any period of leave.
(e) Flexileave may
not be taken at the end of a period of leave without pay.
(f) An employee
must obtain the approval of the supervisor prior to proceeding on flexileave.
(viii) Disruption of
transport
(a) Notwithstanding
any other provision contained in this clause, where an employee encounters a
disruption to the mode of transport normally used in travelling from the
employee's place of residence to place of employment and such disruption is
caused by a transport strike or other extraordinary condition the following
conditions shall apply:
(1) The employee
may commence duty at any time and where the disruption continues throughout the
day, may cease duty at any time.
(2) An employee
affected by such a disruption will not be debited annual leave if the employee
commences duty after the beginning of coretime. Time worked on such days will
accumulate in the normal way.
(3) The employee
may elect to take off the full day as flexileave where the disruption is
reasonably likely to continue throughout the day.
(4) Flexileave
taken during such disruptions shall be recorded as over and above the normal
flexileave to which the employee is entitled under this clause.
(b) Flexileave
taken under these conditions shall be at the discretion of the Authorising
Officer, provided that all relevant circumstances are considered, including:
(1) The delayed employee's
usual time of arrival at the employee's place of employment.
(2) Where the
disruption was foreseeable, the employee made reasonable attempts to arrive at
the place of employment prior to the commencement of coretime.
(ix) Travelling on
official business
(a) Any travel on
official business during the bandwidth on a working day shall be treated as
time worked for the purposes of this clause and in accordance with all other
provisions of this award.
(b) Employees
shall be compensated for travelling time outside the standard hours in
accordance with clause 23, Excess Travel of this award.
(x) Transfer to
other Work Locations
(a) An employee
transferred from one location to another shall carry credit or debit hours to
the new location.
(b) Work Locations
shall ensure that details of a transferred employee's debit or credit hours are
conveyed to the new Work Location at the time of transfer.
(c) An employee
relieving in another Work Location shall comply with the approved Bandwidth and
Coretime applying in that office, branch or section.
(xi) Termination of
Service
(a) Where an
employee gives notice of resignation or retirement the employee shall, during
the period of notice, take all reasonable steps to eliminate any accumulated
credit or debit hours.
(b) Work Locations
shall, as far as practicable, facilitate the elimination of accumulated credit
or debit hours by such employees.
(c) Where an
employee has an accumulation of debit hours at the completion of the last day
of service, the accumulated annual leave or moneys owing to that employee shall
be adjusted accordingly.
(d) An employee
may receive compensation for accumulated credit hours to 14 hours outstanding
on the last day of service:
(1) Where an employee's
services terminate without notice for reasons other than misconduct.
(2) Where an
application for a period of flexileave which would have eliminated the
accumulated credit hours was made pursuant to this clause during the period of
notice or resignation and was refused.
(3) In such other
circumstances as the Authorising Officer may approve.
(xii) Variations
The provisions of this clause shall not be altered
without the consent of both parties. Provided that failure to reach mutual
consent shall not prevent either party from seeking the assistance of the
Industrial Relations Commission of NSW.
4. Delete
subclauses (ii), (iii) and (iv) of clause 13, Deduction of Union Membership
Fees, and insert in lieu thereof:
(ii) The
Association shall advise the employer of any change to the amount of membership
fees made under its rules. Any variation to the schedule of Association
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking place.
(iii) Subject to
subclauses (i) and (ii) of this clause, the employer shall deduct Association
membership fees from the salary of any employee who is a member of the
Association in accordance with the Association's rules, provided that the
employee has authorised the employer to make such deductions.
(iv) Moneys so
deducted from employees' salary shall be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to employees' Association membership accounts.
5. Delete
subclauses (ii) and (iii) of clause 14, Salaries, and insert in lieu thereof
the following:
(ii) Should there
be a variation to the Crown Employees (Public Sector - Salaries 2004) Award, or
an award replacing it by way of salary increase, this award shall be varied to
give effect to any such salary increase, from the same operative date of the
variation of that award, or replacement award, excluding trainees as provided
by subclause (iv) of this clause.
(iii) Trainees
appointed under the provisions of clause 36, Traineeships, will be appointed to
an applicable rate of pay as outlined in the Crown Employees (Home Care Service
of New South Wales - Administrative Staff - Training Wage) Award 2004 or an
award replacing it.
6. Delete
subclause (iv) of clause 19, Overtime, and insert in lieu thereof:
(iv) An employee
may be directed by the employer to work overtime, provided it is reasonable for
the employee to be required to do so. An employee may refuse to work overtime
in circumstances where the working of such overtime would result in the
employee working unreasonable hours. In determining what is unreasonable, the
following factors shall be taken into account.
(a) the employee's
prior commitment outside the workplace, particularly the employee's family and
carer responsibilities, community obligations or study arrangements;
(b) any risk to
employee health and safety;
(c) 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;
(d) the notice (if
any) given by the employer regarding the working of the overtime, and by the
employee of their intention to refuse overtime; or any other relevant matter.
7. Delete the
second paragraph of clause 20, Meal Allowance, and insert in lieu thereof the
following:
Provided that the amount paid shall be equal to the
overtime meal allowance as determined by the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006 and as advised by the Public
Employment Office.
8. Delete
subclause (ii) of clause 22, Travel Allowance, and insert in lieu thereof the
following:
(ii) The allowance
is to be increased at the relative percentage rate to increases as determined
by the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2006 and as advised by the Public Employment Office.
9. Delete clause
28, Long Service Leave, and insert in lieu thereof the following:
28. Long Service
Leave
(i) Employees
accrue long service leave in accordance with the provisions of the Long
Service Leave Act 1955. Long
service leave may be taken at full pay or half pay; or at double pay in accordance
with subclause (iv) of this clause.
(ii) Long Service
Leave entitlement after 7 years service - staff with 7 years or more service
will be entitled to take (or be paid out on resignation) long service leave in
the usual manner. The quantum of leave
available is that which would have applied if pro rata leave were granted. No repayment will be required if a staff
member does not reach 10 years service.
(iii) Long Service
Leave entitlement after 5 years service but less than 7 years service - If the
employer terminates employment for reasons other than serious and intentional
misconduct, or, an employee leaves on account of illness, incapacity or
domestic or other pressing necessity, the employee is entitled to 1 month’s
long service leave for 5 years service plus a pro-rata rate for service of
between 6 and 7 years.
(iv) Long Service
Leave on Double Pay - An employee with an entitlement to long service leave may
elect to take leave at double pay. The additional
payment will be made as a taxable allowance payable for the period of the
absence from work. The employee’s leave
balance will be debited for the actual period of the absence from work and an
equivalent number of days as are necessary to pay the allowance. Other leave entitlements, eg recreation
leave, sick leave and long service leave will accrue at the single time rate
where an employee takes long service leave at double time. Superannuation contributions will only be
made on the basis of the actual absence from work, ie at the single time rate,
except for employees who are members of the First State Super Fund or similar
accumulation superannuation fund who will have their superannuation
contributions calculated on the double time rate. Where a staff member elects to take long service leave at double
pay, in most cases a minimum period of absence of one week should be taken, ie
one week leave utilising two weeks of accrued leave.
(v) Public
holidays that fall whilst an employee is on a period of long service leave will
be paid and not debited from the employee’s long service leave
entitlement. In respect of public
holidays that fall during a period of double pay long service leave an employee
will not be debited in respect of the leave on a public holiday. The employee’s leave balance will however be
reduced by an additional day to fund the taxable allowance.
10. Insert after
subclause (v) of clause 29, Sick Leave the following new subclause:
(vi) If an employee
who is absent on annual leave or long service leave, furnishes to the employer
a satisfactory medical certificate in respect of an illness which occurred
during the leave, the employer may, subject to the provisions of this clause,
grant sick leave to the employee as follows:
(a) in respect of
annual leave, the period set out in the medical certificate;
(b) in respect of
long service leave, the period set out in the medical certificate if such
period is 5 working days or more.
The provisions of this subclause do not apply to employees
on leave prior to resignation or termination of services, unless the
resignation or termination of services amounts to a retirement.
11. Insert after
clause 29, Sick Leave, of Part D, Leave Provisions, the following new clause:
30. Family and Community
Service Leave
(i) The employer
shall grant to an employee (other than a casual employee) some, or all of their
accrued family and community service leave on full pay, for reasons relating to
family responsibilities, performance of community service or emergencies. Where possible, non-emergency appointments
or duties should be scheduled or performed outside of normal working hours.
(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 employee's household;
(b) emergency
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, snow or disruption to utility services etc, threatens an
employee’s property and/or prevents an employee from reporting for duty;
(d) attending to
family responsibilities such as - citizenship ceremonies, parent/teacher
interviews or attending child's school for other reasons;
(e) attendance at
court by an employee to answer a charge for a criminal offence, only if the employer
considers the granting of family and community service leave to be appropriate
in a particular case;
(f) attendance as
a competitor in major amateur sport (other than Olympic or Commonwealth Games)
for employees who are selected to represent Australia or the State; and
(g) absence during
normal working hours to attend meetings, conferences or to perform other
duties, for staff members holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the staff member does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council.
(iii) The
definition of "family" or "relative" in this clause is the
same as that provided in subparagraph (1) (iii) (b) of clause 31,
Personal/Carer's Leave.
(iv) The maximum
amount of family and community service leave on full pay which may, subject to
this award, be granted to an employee shall be the greater of the leave
provided in accordance with paragraph (a) or paragraph (b) of this subclause:
(a) 2˝ 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.
(v) Part-time
employees will accrue family and community service leave on a pro rata basis.
(vi) If available
family and community service leave is exhausted as a result of natural
disasters, the employer shall consider applications for additional family and
community service leave, if some other emergency arises.
(vii) If available
family and community service leave is exhausted, on the death of a person
defined in subparagraph (1)(iii)(b) of clause 31, Personal/Carer's Leave,
additional paid family and community service leaver of up to 2 days may be
granted on a discrete, per occasion basis to an employee.
(viii) In cases of
illness of a family member for whose care and support the employee is
responsible, paid sick leave in accordance with subparagraph (1)(iii)(b) of
clause 31, Personal/Carer’s Leave, shall be granted when paid family and
community service leave has been exhausted.
(ix) The employer
may also grant employees other forms of leave such as accrued annual leave,
time off in lieu, flex leave and so on for family and community service leave
purposes.
12. Delete
subclause (6) Bereavement Leave of clause 31, Personal/Carer’s Leave, and
renumber the following subclauses.
13. Delete
paragraph (v) of subclause (1) Maternity Leave of clause 32, Parental Leave,
and insert in lieu thereof:
(v) An employee
(other than a casual employee) shall be entitled to the first 14 weeks of
maternity leave at the ordinary rate of pay, at full pay, half pay or as a lump
sum. The balance of the remaining
maternity leave shall be unpaid.
14. Delete the
introductory paragraph and paragraphs (i) and (ii) of subclause (2) Adoption
Leave of clause 32, Parental Leave, and insert in lieu thereof:
(2) Adoption Leave
Any employee, other than a casual employee, who has
completed at least 40 weeks' continuous service with the employer prior to the
commencement of adoption leave, shall be entitled to adoption leave under the
following conditions:
(i) up to 14
weeks' paid leave at the time of adoption at the ordinary rate of pay, at full
pay, half pay or as a lump sum; and
(ii) where the
employee is the primary care-giver and, with the consent of the employer, a
further 38 weeks of unpaid leave may be taken.
15. Delete
subclause (3) Other Parent Leave of clause 32, and insert in lieu thereof the
following:
(3) Other Parental
Leave
An employee, other than a casual employee, who has
completed at least 40 weeks' continuous service with the employer prior to the
commencement of 'other parent' leave, shall be entitled to 'other parent' leave
under the following conditions:
(i) Up to one
week's short 'other parent' leave at full pay or two weeks’ leave at half pay
at the time of birth or taking custody of a child in the case of adoption may be
taken.
(ii) Where the
employee is the primary care-giver and with the consent of the employer, a
further period not exceeding 12 months, less any short 'other parent' leave in
paragraph (i) of this subclause, may be taken.
(iii) The employee
shall give 10 weeks’ notice of their intention to take 'other parent' leave and
provide satisfactory proof of the spouse’s pregnancy or of the anticipated
adoption.
(iv) An employee
returning to work from 'other parent' leave:
(a) shall confirm
in writing their intention of returning to work not less than 4 weeks before
the 'other parent' leave expires;
(b) is entitled to
return to the position they held immediately before taking 'other parent'
leave. Where the position no longer exists,
but there are other positions for which the employee is qualified and capable
of performing, they are entitled to a position comparable in status and pay to
that of the former position.
16. Delete Table 1
- Salaries, and Table 2, Other Rates and Allowances, of Part G, Monetary Rates,
and insert in lieu thereof:
PART G
MONETARY
RATES
Table 1 - Salaries
|
|
1.7.03
|
1.7.04
|
1.7.05
|
1.7.06
|
|
Administrative Officer
|
Per annum
|
Per annum
|
Per annum
|
Per annum
|
|
|
|
+4%
|
+4%
|
+4%
|
|
|
$
|
$
|
$
|
$
|
|
|
|
|
|
|
|
Grade 1 -
|
|
|
|
|
|
Step 1
|
34,027
|
35,388
|
36,804
|
38,276
|
|
Step 2
|
35,209
|
36,617
|
38,082
|
39,605
|
|
Grade 2 -
|
|
|
|
|
|
Step 1
|
35,827
|
37,260
|
38,750
|
40,300
|
|
Step 2
|
36,840
|
38,314
|
39,847
|
41,441
|
|
Grade 3 -
|
|
|
|
|
|
Step 1
|
37,528
|
39,029
|
40,590
|
42,214
|
|
Step 2
|
38,627
|
40,172
|
41,779
|
43,450
|
|
Grade 4 -
|
|
|
|
|
|
Step 1
|
39,292
|
40,864
|
42,499
|
44,199
|
|
Step 2
|
40,759
|
42,389
|
44,085
|
45,848
|
|
Grade 5 -
|
|
|
|
|
|
Step 1
|
41,895
|
43,571
|
45,314
|
47,127
|
|
Step 2
|
43,449
|
45,187
|
46,994
|
48,874
|
|
Grade 6 -
|
|
|
|
|
|
Step 1
|
44,265
|
46,036
|
47,877
|
49,792
|
|
Step 2
|
46,029
|
47,870
|
49,785
|
51,776
|
|
Grade 7 -
|
|
|
|
|
|
Step 1
|
47,023
|
48,904
|
50,860
|
52,894
|
|
Step 2
|
48,824
|
50,777
|
52,808
|
54,920
|
|
Grade 8 -
|
|
|
|
|
|
Step 1
|
49,869
|
51,864
|
53,939
|
56,097
|
|
Step 2
|
51,731
|
53,800
|
55,952
|
58,190
|
|
Grade 9 -
|
|
|
|
|
|
Step 1
|
52,827
|
54,940
|
57,138
|
59,424
|
|
Step 2
|
54,332
|
56,505
|
58,765
|
61,116
|
|
Grade 10 -
|
|
|
|
|
|
Step 1
|
55,415
|
57,632
|
59,937
|
62,334
|
|
Step 2
|
57,057
|
59,339
|
61,713
|
64,182
|
|
Grade 11 -
|
|
|
|
|
|
Step 1
|
58,170
|
60,497
|
62,917
|
65,434
|
|
Step 2
|
59,979
|
62,378
|
64,873
|
67,468
|
|
Grade 12 -
|
|
|
|
|
|
Step 1
|
60,573
|
62,996
|
65,516
|
68,137
|
|
Step 2
|
63,041
|
65,563
|
68,186
|
70,913
|
|
Grade 13 -
|
|
|
|
|
|
Step 1
|
64,374
|
66,949
|
69,627
|
72,412
|
|
Step 2
|
67,040
|
69,722
|
72,511
|
75,411
|
|
Grade 14 -
|
|
|
|
|
|
Step 1
|
68,338
|
71,072
|
73,915
|
76,872
|
|
Step 2
|
70,302
|
73,114
|
76,039
|
79,081
|
|
Grade 15 -
|
|
|
|
|
|
Step 1
|
71,723
|
74,592
|
77,576
|
80,679
|
|
Step 2
|
73,871
|
76,826
|
79,899
|
83,095
|
|
Grade 16 -
|
|
|
|
|
|
Step 1
|
75,319
|
78,332
|
81,465
|
84,724
|
|
Step 2
|
77,531
|
80,632
|
83,857
|
87,211
|
|
Grade 17 -
|
|
|
|
|
|
Step 1
|
79,069
|
82,232
|
85,521
|
88,942
|
|
Step 2
|
81,610
|
84,874
|
88,269
|
91,800
|
|
Grade 18 -
|
|
|
|
|
|
Step 1
|
82,312
|
85,604
|
89,028
|
92,589
|
|
Step 2
|
84,856
|
88,250
|
91,780
|
95,451
|
|
Grade 19 -
|
|
|
|
|
|
Step 1
|
86,723
|
90,192
|
93,800
|
97,552
|
|
Step 2
|
90,543
|
94,165
|
97,932
|
101,849
|
Table 2 - Other
Rates and Allowances
|
Item.
|
Clause
|
Brief Description
|
Amount
|
|
No
|
No.
|
|
$
|
|
1
|
21
|
Travel Allowance - use of own vehicle
|
66.5 cents per km
|
|
2
|
24
|
Sustenance Allowance - Capital City (Sydney)
|
252.30 per day
|
|
3
|
24
|
Sustenance Allowance - Tier 1 Country Centre
|
|
|
|
|
Newcastle
|
195.80 per day
|
|
|
|
Wollongong
|
198.30 per day
|
|
4
|
24
|
Sustenance Allowance - Tier 2 Country Centre
|
|
|
|
|
Maitland
|
176.05 per day
|
|
|
|
Mudgee
|
176.05 per day
|
|
|
|
Orange
|
176.05 per day
|
|
|
|
Port Macquarie
|
176.05 per day
|
|
|
|
Wagga Wagga
|
176.05 per day
|
|
5
|
24
|
Sustenance Allowance - Tier 3 Other Country Centres
|
165.05 per day
|
17. This variation
takes effect from the first full pay period commencing on or after 1 February
2007.
I. W. CAMBRIDGE,
Commissioner.
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Printed by
the authority of the Industrial Registrar.