Crown Employees (Department of Finance and Services
- Waste Assets Management Corporation) Operations Award 2014
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Department of Finance and Services.
(No. IRC 218 of 2014)
|
Before Commissioner Tabbaa
|
28 March 2014
|
AWARD
PART A
Arrangement
PART A
Clause No. Subject
Matter
1. Title
2. Definitions
3. Parties
to the award
4. Classifications
and Salaries
5. Savings
of Rights
6. Terms of
employment
7. Conditions
of employment
8. Categories
of employment
9. Hours of
employment
10. Start and
finish times
11. Afternoon
and night shift work
12. Meal times
13. Payment of
wages
14. Public
holidays
15. Overtime
16. Time off
in lieu of payment for overtime
17. Saturday
and Sunday work
18. Recall
19. On-call
(standby)
20. Mixed
functions
21. First Aid
allowance and emergency transportation
22. Allowance
payable for use of private motor vehicle
23. Compensation
for loss or damage to private property
24. Absence from
work
25. Drivers
licence
26. Anti-discrimination
27. General
induction program
28. Safety
induction training
29. Code of
ethics and conduct
30. Workplace
health, safety and environment commitment
31. Transfer
to available work
32. Closedown
provisions
33. Grievance
and Dispute handling procedures
34. Consultation
35. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay Landfills
Table 2 - Rates of Pay WAMC Engineering Trades
Table 3 - Allowances
1. Title
This award shall be known as the Crown Employees
(Department of Finance and Services - Waste Assets Management Corporation)
Operations Award 2014.
2. Definitions
"Accident Pay" means a weekly amount equal to
the difference between workers' compensation payments and the staff member's
normal rate of pay.
"Act" means the Waste Recycling and
Processing Corporation (Authorised Transaction) Act 2010.
"AMWU" means the Australian Manufacturing
Workers’ Union
"Casual employee" means an employee not
engaged as a weekly employee.
"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 Waste Assets Management Corporation 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.
"Corporation" means Waste Assets Management
Corporation, as established under the Act.
"Employer" means the Department of Finance
and Services, Waste Assets Management Corporation.
"Full day" means the standard full-time
contract hours for the day, i.e., seven (7) or eight (8) hours depending on the
classification of the staff member, or up to 9.5 hours per day, if agreement
reached in accordance with Clause 9 -Hours of Employment.
"Full pay" or "half pay" means the
staff member's ordinary rate of pay or half the ordinary rate of pay
respectively.
"Half day" means half the standard contract
hours for the day.
"On duty" means the time required to be
worked for Waste Assets Management Corporation.
"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 WAMC and agreed to
by the staff member or where the staff member is unable to use other transport
due to a disability.
"Overtime" means as defined in the Overtime
Clause 17 in this award.
"Part-time Employee" means an employee whose agreed hours are less than full-time hours.
"TWU" means the Transport Workers' Union of
Australia.
"Waste Disposal Site" means any site where
liquid and/or solid waste is either permanently deposited or converted to an
alternative use for recycling and shall include incinerators and/or other means
of destruction.
3. Parties to the
Award
The parties to this award are the Secretary of the
Treasury, the Department of Finance and Services, the Transport Workers’ Union
and the Australian Manufacturing Workers’ Union and all employees who are
employed in the classifications detailed in Table 1 and Table 2 of Part B,
Monetary Rates of this award.
4. Classification and
Salaries
The classifications and salary rates are set out in Table 1
and Table 2 of Part B, Monetary Rates of this award.
5. Savings of Rights
At the time of making this award, no staff member
covered by this award will suffer a reduction in their rate of pay or any loss
or diminution in his or her conditions of employment as a consequence of the
making of this award. This clause is not intended to give rise to further
claim.
6. Terms of Employment
6.1 An employer may
direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this Award, provided that such duties are not designed to promote
de-skilling.
6.2 An employer may
direct an employee to carry out such duties and use such tools and equipment as
may be required, provided that the employee has been trained in the use of such
tools and equipment.
6.3 Any direction
issued by an employer pursuant to paragraphs (a) and (b) hereof shall be
consistent with WAMC's responsibilities to provide a safe and healthy working
environment.
7. Conditions of
Employment
The staff members regulated by this award shall be
entitled to the conditions of employment as set out in this award, and except
where specifically varied by this award, existing conditions are provided for
under the Government Sector Employment Act 2013, the Government Sector
Employment Regulation 2014, the Government Sector Employment Rules 2014, the
Crown Employees (Public Service of Conditions of Employment) Reviewed Award
2009, as reviewed or any award replacing this award.
8. Categories of
Employment
In consideration of the employment mix required to meet
WAMC's operational requirements and client expectations, WAMC may make
available the following employment categories.
(a) Full-Time
Employees I Weekly Hire
(i) A
full-time day employee is an employee who works 38 ordinary hours per week,
usually in the form of 7.6 hour days Monday to Friday.
(ii) A full-time employee
who works on Saturday, Sunday and public holidays will be paid penalty rates in
accordance with Clause 16, Public Holidays, and Clause 19, Saturday and Sunday
Work, in this award.
(iii) A full-time
employee who works overtime will be paid in accordance with Clause 17, Overtime
in this Award.
(b) Part-Time
Employees
(i) WAMC
may engage part-time employees to work in accordance with an agreed pattern on
any seven days of the week at the appropriate rate of pay for the day worked.
(ii) A part-time
employee is entitled to the pro-rata benefits prescribed by this Award.
(iii) The
employment of a part-time employee shall be confirmed in writing and the letter
shall state the days and times upon which the part-time employee is required to
work. The agreed days and times may be altered by agreement between the
employee and WAMC, or in the absence of such agreement by the giving of no less
than two (2) weeks’ notice. This notice period may be changed by mutual
agreement. Such alterations will be recorded in writing.
(iv) For any hours
worked by a Part-Time Employee in addition to those specified in subclause (b)(iii) above, the following shall apply:
(1) If the
additional hours are on a day that the Part Time Employee was required to work,
the additional hours shall be paid at ordinary rates up to a total of 7.6 hours
on the day, then at the appropriate overtime rate applicable to a full time
employee. Any hours paid at ordinary time rate of pay will be included for the
purposes of accruing leave entitlements.
(2) If the
additional hours are worked on a day that is not one of the agreed days, the
additional hours shall be paid at the rate applicable to a full time employee
for those hours plus the casual loading specified in Clause 7(d)(i)(1). These hours will not be included for the purposes of
accruing leave entitlements due to the loading being paid.
(3) The ordinary
hours of employment for part time employees for the combined hours worked
pursuant to (b) (iv) (1) and (b) (iv) (2) above shall
not exceed 38 hours. The application of overtime rates shall be pursuant to
clause 17 and clause 19 of this Award.
(c) Job Share
Arrangements
(i) Job
Share is a voluntary arrangement in which one job is shared amongst employees.
(ii) Employees may
job share under this Award where WAMC approves it.
(iii) Job Share
arrangements are required to be documented and agreed between the employees and
WAMC.
(iv) Job Sharers
perform the role of one job and the workload and performance expectations
should be similar to what would be expected if one employee were performing the
job.
(d) Casuals
(i) Rates
(1) Casuals shall
be paid at the rate prescribed for the appropriate classification in Tables 1-3
in this Award, and in addition thereto 20 percent of
such rate. This is calculated as follows:
A casual employee working ordinary time shall be paid
1/38th of the appropriate weekly wage per hour plus a loading of 20%. This
additional loading is deemed to include all amounts payable under the Annual
Holidays Act, 1944, for annual leave. Casuals are not entitled to any paid
leave or payment for public holidays except in accordance with the Public
Holidays Clause 18(ii) in this Award. This additional loading forms part of the
casual rate for all hours worked, whether ordinary time or at prescribed
penalty rates.
(2) For
all time worked in a day in excess of 7.6 hours, the overtime penalty rates
prescribed In the Overtime Clause 19 in this Award shall be payable on the
casual rate.
(ii) Where ordinary
hours of work for casual employees are 38 hours per week, the normal start
times will be advised to employees by end of the previous shift.
(e) Conversion of
Casual Employment
(i) A
casual employee who has been engaged by WAMC on a regular and systematic basis
for a sequence of periods of employment under this award during a period of 6
months has the right to elect to have their contract of employment converted to
full-time or part-time employment.
(ii) WAMC must
give a casual employee notice in writing of the provisions of Clause 9(e)(i) within four (4) weeks of the
right to elect accruing.
(iii) The employee
retains their right of election under the clause even if WAMC fails to comply
with Clause (ii).
(iv) A casual
employee who does not, within four (4) weeks of receiving written notice, elect
to convert their contract of employment to full-time or part-time employment
will be deemed to have elected not to convert.
(v) Any casual
employee having rights under this clause upon receiving notice under Clause
(ii),or after the expiry of the time for giving such notice, may give four (4)
weeks' notice in writing to WAMC that they elect to convert their contract of
employment to full-time or part-time employment. Within four (4) weeks of
receiving such notice WAMC must either consent to or refuse the election but
must not unreasonably so refuse.
(vi) An employee
who has worked on a full-time basis throughout the periods of casual employment
has the right to elect to convert their contract of employment to full-time
employment and an employee who has worked on part-time basis throughout the
period of casual employment has the right to elect to convert their contract of
employment to part-time employment, working the same number of hours and times
of work as previously worked, unless other arrangements are agreed upon between
WAMC and the employee.
(vii) Subject to
Clause (vi) where a casual employee has elected to
convert to full-time or part-time employment, WAMC and the employee must
discuss and agree upon:
(1) whether the employee will become a full-time or a part-time
employee and 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 as
provided for in Clause 7(b)(i).
(2) A casual
employee who has elected to convert to full-time or part-time employment in
accordance with this clause may only revert to casual employment by written
agreement with WAMC.
(f) Fixed
Term/Task/Contract Employees
In the event that an operational requirement is
identified, fixed term employees may be considered. This may include
operational requirements due to the following reasons which may include but not
be limited to special events, abnormal circumstances and identified long term
employee absences which required additional coverage, the company may employ a
person on a full-time or part-time basis on a fixed term contract to cover that
period of time.
9. Hours of Employment
9.1 Subject to subclauses
9.3 and 9.4 and the Afternoon and Night Shift Clause 11.1(b) of this award, the
ordinary hours of work for all employees shall not exceed 8 hours per day or 38
hours per week to be worked within a work cycle not exceeding 28 consecutive
days. Where there is agreement between WAMC, the majority of affected employees
and the union, the ordinary hours of work may be up to 9.5 hours per day. Where
a change in roster is proposed WAMC will consult with the affected employee and
the Union. Such hours shall be worked between the hours of midnight Sunday and
midnight Friday, inclusive.
9.2 The suitability
of the application of RDOs and flexible rosters will be site specific and based
on the following considerations:
(a) The
operational requirements of the business;
(b) The commercial
requirements of the business;
(c) The
circumstances of affected employees.
9.3 An employee who
works ordinary hours on a Saturday and/or Sunday must have two (2) consecutive
days off (unless they are worked as overtime).
9.4 Employees who
are wholly engaged at a landfill may:
(a) work ordinary hours on a Saturday and shall be paid an
additional 50% of the rates prescribed for their respective classifications for
the ordinary hours worked on that day; and/or
(b) agree to work ordinary hours on Sunday and shall be paid an
additional 100% of the rates prescribed for their respective classifications
for the ordinary hours worked on that day.
NOTE: Employees do not have to work Sunday as an
ordinary day but should an employee agree to this change, it will form part of
that employee's contract of employment.
WAMC shall, within the limits of the hours above
prescribed, have the right to fix the starting and ceasing times of its
employees, which shall be posted in a conspicuous place in the lunch room, but
such times shall not be altered unless the employees so affected are given
seven (7) days' prior notice of such alteration; provided that in special
circumstances, WAMC may, upon giving to the employees a minimum of twelve hours'
notice, alter the commencing times of employees.
10. Start and Finish
Times
10.1 Within the
limits prescribed in this clause, each employee shall be in attendance at the
workplace or other agreed starting place ready to commence work in ordinary working
hours and work shall be deemed to have commenced, for each employee in
attendance, at the time and place so fixed.
10.2 Working in
ordinary working hours shall be deemed to have finished, for those employees in
attendance, when the ordinary hours as applied in accordance with Clause 9,
exclusive of a break for a meal, calculated from the fixed starting time, has
elapsed.
10.3 Different
starting times within the span of ordinary ·hours may apply to different groups
of employees in a workplace.
10.4 Any employee who
is not in attendance at the workplace or other agreed starting place ready to
commence work at the fixed starting time or who fails to attend for their
ordinary hours of work shall be paid only for the actual hours worked.
10.5 WAMC may only
alter the time and place fixed in accordance with this clause. by notice posted for seven (7) days at the workplace or
other agreed starting place, provided that the start time may be changed where
it is necessary for reasons beyond WAMC's control by notification before the
end of the previous day's work or with 24 hours’ notice where work has not been
performed the previous day.
10.6 Time spent by
employees washing up shall not count as time worked after the completion of
work.
11. Afternoon and Night
Shift Work
11.1 For the purposes
of this clause:
(a) "Afternoon
shift" shall refer to the rostered ordinary hours of an employee where
such hours commence in the period from 4:00pm to midnight inclusive on any
Monday to Sunday.
(b) "Night
shift" shall refer to the rostered ordinary hours of an employee where
such hours commence in the period from midnight to 4:00am inclusive on any
Monday to Sunday.
11.2 Employees who
perform work on an afternoon shift from Monday to Friday (inclusive) shall be
paid a loading of 20% in addition to their ordinary rate of pay.
11.3 Employees who
perform work on a night shift from Monday to Friday (inclusive) shall be paid a
loading of 30% in addition to their ordinary rate of pay.
11.4 Notwithstanding
anything contained in this clause, a night shift shall be paid at the rate
applicable to the day on which the majority of the ordinary hours are worked.
11.5 Notwithstanding
anything contained in this clause, employees may only work ordinary hours on a
Saturday or Sunday in the circumstances and subject to the conditions
prescribed by subclauses 9.3, 9.4 and 9.5 of the Hours of employment clause in
this award.
11.6 Notwithstanding
anything contained in this clause, employees who work afternoon or night shift
on a Saturday or Sunday will not be entitled to any shift loading, but will be
paid at the rates for Saturday and Sunday work.
12. Meal Times
Employees shall be allowed a break for a meal each day of
not more than one (1) hour's duration which shall be taken, as far as
practicable, within a period of five (5) hours of commencing work; provided
that such arrangement may be altered by agreement between WAMC and the
employees
13. Payment of Wages
13.1 The official pay
day will be Wednesday.
13.2 The processing
of wages shall be as follows:
Wages shall be paid weekly by electronic funds
transfer. Wages shall be generated for disbursal on the Monday (except where a
public holiday falls on the Monday in which case processing will be deferred
until the Tuesday), and will include payment for all approved hours worked by
employees for the previous week, Monday to Sunday inclusive, as recorded in the
Mitrefinch system.
13.3 No employee
should have the pay day changed unless given at least seven (7) days' notice.
14. Public Holidays
14.1 The days upon
which the following holidays are observed shall be holidays, namely: New Year's
Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday,
Eight Hour Day (or Labour Day), Christmas Day (25th December) and Boxing Day,
together with any other days or half days which may be proclaimed as gazetted
holidays.
(a) Weekly
Employees - All work performed on any of the abovementioned days (except Christmas
Day and Good Friday) shall be paid at the ordinary rate of pay for a rostered
working day multiplied by two and one-half (2½) with a minimum payment as for 7
hours 36 minutes. For all work performed on Christmas Day and Good Friday, the
ordinary rate of pay for a rostered working day multiplied by three shall be
paid with a minimum payment as for 7 hours 36 minutes work.
(b) Casual
Employees - For all time worked by casual employees on a public holiday, except
Christmas Day and Good Friday, a casual employee shall be paid the ordinary
casual rate of pay multiplied by two and one-half (2½) with a minimum payment
as for 7 hours, 36 minutes, and for all time worked by casual employees on
Christmas Day and Good Friday, a casual employee shall be paid the ordinary
rate of pay multiplied by three with a minimum payment as for 7 hours, 36
minutes.
14.2 In any week
during which a holiday is observed on any day Monday to Friday inclusive, the
ordinary working time of such week shall be reduced by eight (8) hours for each
holiday occurring.
14.3 No deduction of
wages shall be made from the wages of a weekly employee who is not required to
work on a holiday, provided that an employee who is required to work on a
public holiday and who fails to report for duty shall not be paid for that
holiday unless such employee is absent from work with reasonable excuse.
(NOTE: Due to the nature of the industry having regard
to public health, employees are normally required to work on public holidays.)
14.4 For the purposes
of this Award, 'Christmas Day' shall be 25 December in each year.
14.5 Weekly Employees
- The base hourly rate of pay shall be calculated by dividing the appropriate
weekly rate prescribed by the Rates of Pay Clause 11 in this Award for the employee
concerned by 38.
14.6 Casual Employees
- In the case of casual employees, the overtime rate shall be calculated on the
casual rate of pay using a divisor of 38 to calculate the base hourly rate of
pay.
15. Overtime
15.1 All time worked in excess of or outside the ordinary shift
shall be overtime and shall be paid for at the rate of time and one-half for
the first two (2) hours and double time thereafter until the employee ceases
duty or the ordinary starting time is reached, whichever first occurs.
15.2 When an employee
is called upon to work overtime on a week day and works 2 or more hours of such
overtime, such employee shall be supplied by WAMC with a suitable meal or be
paid the sum specified in Table 3 of this Award in lieu thereof. Thereafter for
every further four (4) hours of overtime worked a further meal shall be
provided or a further meal allowance paid in lieu thereof.
15.3 When an employee
is called upon to work overtime on weekends, a meal allowance will be paid
after the first two hours of work and then after a further 4 hours continuous
work. The maximum number of meal allowances that are payable on any weekend day
is two per day.
15.4 An employee may
be directed by WAMC 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 commitments 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 WAMC regarding the working of
the overtime, and by the employee of their intention to refuse overtime; and
(e) any other relevant matter,
15.5 Payment for
overtime shall be made only where the employee works authorised. (i.e. approved or directed) overtime.
15.6 Weekly Employees
- The base hourly rate of pay shall be calculated by dividing the appropriate
weekly rate prescribed by the Rates of Pay Clause 11 In this Award for the
employee concerned by 38.
16. Time Off in Lieu
of Payment for Overtime
16.1 An employee may elect,
with the consent of WAMC, to take time off in lieu of payment for overtime at a
time or times agreed with WAMC within twelve (12) months of the said election.
16.2 Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
16.3 If, having
elected to take time as leave in accordance with paragraph (a) above, and the
leave is not taken for whatever reason, payment for
time accrued at overtime rates shall be made at the expiry of the twelve (12)
month period or on termination.
16.4 Where no
election is made in accordance with paragraph (a), the employee shall be paid
overtime rates in accordance with the Award.
16.5 Time off in lieu
shall be taken at a time mutually suitable to WAMC and the employee.
17. Saturday and
Sunday Work
17.1 An employee
required to work on a Saturday, where it is not worked as an ordinary day,
shall be paid at the rate of time and one-half for the first two (2) hours and
double time thereafter for all time worked, with a minimum payment of four (4)
hours at the appropriate rate of pay, whether the employee works for that
period of time or not.
17.2 An employee who
is required to commence work on a Saturday at 12 noon or thereafter, other than
an employee working an ordinary shift, shall be paid at double time for all
time worked in lieu of the rate prescribed In paragraph (a) of this subclause,
17.3 An employee
required to work on a Sunday, other than an employee who has agreed to work
Sunday as an ordinary day, shall be paid at the rate of double time for all
time worked, with a minimum payment as for four (4) hours' work at the
appropriate 'rate of pay, whether the employee works for that period of time or
not.
17.4 For all work
performed on Easter Sunday, the rate of double time and one-half shall be paid
with a minimum payment as for four (4) hours, provided that such work continues
until the employee is released from duty by WAMC.
17.5 The base hourly
rate of pay shall be calculated by dividing the appropriate weekly rate of pay
prescribed in Tables 1 and 2.
18. Recall
18.1 An employee
recalled to work overtime after leaving WAMC's business premises shall be paid
for a minimum of four (4) hours' work at the appropriate rate for each time the
employee is so recalled; provided that, any subsequent call-backs occurring
within a four hour period shall not attract any additional payment, provided
further that, except in the case of unforeseen circumstances arising, the
employee shall not be required to work the full four (4) hours if the job the
employee was recalled to perform is completed within a shorter period.
18.2 This subclause
shall not apply in cases where it is customary for an employee to return to
WAMC's premises to perform a specific job outside the employee's ordinary
working hours or where the overtime is continuous (subject to a reasonable meal
break) with the completion or commencement of ordinary working time.
19. On
Call (Stand-By)
When an employee Is directed
to be on call or on stand-by for a possible recall to duty, payment of an on
call allowance shall be made in accordance with Table 3 Allowances.
20. Mixed Functions
20.1 Where an
employee is called upon in any day to do any work for which a higher rate of
pay is payable than the employee's ordinary rate of pay:
(i) where the time worked is less than 4 hours, the employee
will be paid the higher rate for the time worked; and .
(ii) where the time worked is 4 hours or more, the employee will
be paid the higher rate for the whole day
20.2 When an employee
is called upon to do any work for which a lower rate of pay is so prescribed,
such employee shall suffer no reduction in pay during such period.
21. First Aid
Allowance and Emergency Transportation
21.1 An employee
appointed as a First Aid Officer shall be paid a First Aid Allowance at the
rate appropriate to the qualifications held by such employee as specified in
Table 3 in this award.
21.2 The First Aid
Allowance shall not be paid during long service leave or any other continuous
period of leave, which exceeds four weeks.
21.3 When the First
Aid Officer is absent on leave for one (1) week or more and another qualified
employee is selected to relieve in the First Aid Officer's position, such
employee shall be paid a pro rata first aid allowance for assuming the duties
of a First Aid Officer.
21.4 In the event of
any serious accident happening to any employee or casual employee whilst on
duty at no cost to the employee, WAMC shall provide appropriate emergency
transport facilities to the nearest hospital or doctor.
22. Allowance. Payable for Use of Private Motor Vehicle
An employee who, with the approval of the WAMC, uses a
private motor vehicle for work shall be paid an appropriate rate of allowance
as provided in the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009 as varied from time to time.
23. Compensation for
Loss Or Damage to Private Property
23.1 If damage or loss
of the employee's private property occurs during the course of employment and a
Workers compensation claim is rejected, WAMC may compensate an employee for
damage or loss to private property.
23.2 For the purpose
of this subclause, personal property means an employee's clothes, spectacles,
hearing aid, and tools of trade or similar items which are ordinarily required
for the performance of the employee's duties.
24. Absence from Work
24.1 An employee must
not be absent from work unless reasonable cause is shown.
24.2 If a
satisfactory explanation for the absence is not provided, the employee will be
regarded as absent from duty without authorised leave and WAMC shall deduct
from the pay of the employee the amount equivalent to the period of the absence.
24.3 The minimum
period of leave available to be granted shall be a quarter day, unless agreed
between the employee and WAMC to allow for a lesser period to be taken.
24.4 Nothing in this
clause affects any proceedings for a breach of discipline against an employee
who is absent from duty without authorised leave.
24.5 Where paid and
unpaid leave is available to be granted in terms of this Award, paid leave
shall be taken before unpaid leave.
25. Driver’s Licence
Where an employee's role requires them to hold a
current licence, the following shall apply:
(a) Upon request,
the employee will produce a copy of the licence to WAMC.
(b) Employees must
immediately notify WAMC of any situation which may result, or has resulted, in
a variation, suspension or cancellation of their licence.
(c) Where an
employee is unable to meet the requirements of their classification, through
the suspension or cancellation of that employee's licence, that employee's
services may be terminated.
26. Anti-Discrimination
It is the intention of the parties bound by this award
to seek to achieve the objectives of the relevant State and Federal legislation
to prevent and eliminate discrimination in the workplace. This includes but is
not limited to discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a carer.
27. General Induction
Program
WAMC conducts a site induction program to familiarise
new employees with specific site safety requirements, job and WAMC's
requirements and conditions of employment.
28. Safety Induction
Training
28.1 The purpose of
this clause is to:
(a) ensure that employees are certified as competent to a
recognised industry standard.
(b) encourage the attainment of a transferable skills base in
occupational health and safety training for employees.
28.2 Employees must
complete the training set out in paragraph 30.1) above within two (2) months of
the commencement of his or her employment with an employer if the employee has
not previously completed the training.
28.3 WAMC's
obligations under subclauses 30.1 and 30.2 above will not apply to a casual
employee unless the engagement has been on a regular and systematic basis for a
period of at least two (2) months.
28.4 If an employee
or prospective employee is required to undergo training pursuant to subclause
30.1 above, either prior to or after commencing employment, WAMC will pay the
employee or prospective employee an hourly rate for the actual hours spent in
attending the training (excluding travel time). The hourly rate will be
determined by dividing the weekly rate applicable for the employee's
classification or proposed classification by 38 hours and will not include
payment for any overtime or any other penalties Including
but not limited to allowances, shift allowances or loadings. An employee shall
suffer no loss of ordinary time earnings as a result of attendance at training
provided pursuant to subclause 30.1 above.
29. Code of Ethics and
Conduct
29.1 Staff are required to become familiar with the WAMC Code of Ethics
and Conduct.
29.2 Staff are required to abide by this Code and perform their duties
In accordance with the spirit and intent of the Code of Ethics and Conduct.
30. Workplace Health,
Safety and Environment Commitment
The Department and its employees are committed to ensuring
the highest standards of workplace health and environmental safety for all
employees at workplaces. The employer and employees will work together in
developing, implementing and maintaining systems of work designed to:
Provide safe and healthy work environments
Promote a safety conscious work culture
Eliminate or minimise hazards
Provide appropriate information, instructions and
training for employees
Provide and use appropriate protective clothing
Maintain and care for equipment
Provide and participate in safety programs and
initiatives
Report all injuries on the day of occurrence to the
immediate Supervisor/Manager
Report all incidents on the day of occurrence to the
immediate Supervisor/ Manager
31. Transfer to
Available Work
31.1 Should there be
an oversupply of labour due to completion of contracts, a general downturn of
industry, where insufficient work exists, or for any other justifiable reason,
WAMC may transfer an employee to another location within the Greater Sydney
metropolitan area where there is available work.
31.2 The transfer can
be for a temporary, fixed or on a. permanent basis.
31.3 The employee shall
be consulted and be provided with an opportunity to discuss with WAMC their
specific circumstances. Such consultation shall provide the employee with an
opportunity to consider any proposed transfer to available work being offered
by WAMC. This consultation is to occur prior to any decision being made by
WAMC.
31.4 WAMC shall
consider any personal circumstances of the employee before implementing a
decision resulting from 33.2 above.
32. Closedown
Provisions
32.1 Where WAMC has a
requirement for operational, mechanical, health, safety and/or environment to
temporarily close down a site or part of it, the following shall apply:
(a) WAMC commits
to communicate and consult with affected employees and the Union regarding the
implementation of a close down. WAMC will advise affected employees as soon as
practically possible;
(b) WAMC will
advise employees and the Union as soon as practical and will not provide less
than four (4) weeks’ notice;
(c) WAMC
undertakes where an annual close down is required to utilise the resources of
the employees on site wherever possible;
(d) WAMC will
transfer employees to alternative sites wherever possible provided that the
employees can be utilised at the alternative sites;
(e) WAMC may close
down an enterprise or part of it for the purpose of allowing annual leave to
all or the majority of the employees in the enterprise or part concerned,
provided that:
(1) An employee
who has accrued sufficient leave to cover the period of the close down is
allowed leave and also paid for that leave at the appropriate wage in
accordance with Clause 4; and
(2) An employee
who has not accrued sufficient leave to cover part or all of the close down is
allowed paid leave for the period for which they have accrued sufficient leave
and given unpaid leave for the remainder of the closedown; and
(3) Any leave
taken by an employee as a result of a close down pursuant with this clause also
counts as service by the employee with their employer; and
(4) WAMC may only
close down the enterprise or part of it pursuant with this clause for one or
two separate periods in a year; and
(5) If WAMC closes
down the enterprise or part of it pursuant with this clause in two separate
periods, one of the periods must be for a period of at least seven (7)
consecutive days, including non-working days; and
(6) WAMC and the
majority of employees concerned may agree to the enterprise or part of it being
closed down pursuant with this clause for three separate periods In a year provided
that one of the periods is a period of at least seven (7) days, Including
nonworking days; and
(7) WAMC may close
down the enterprise or part of it for a period of at least seven (7) days,
including non-working days, and allow the balance of any annual leave to be
taken in one continuous period in accordance with a roster.
32.2 The total
combined close down period as outlined in subclauses 32.1(e)(6)
and 32.1(e)(7) shall not exceed 10 consecutive annual leave days.
33. Grievance and
Dispute Handling Procedures
33.1 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 department, if
required.
33.2 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.
33.3 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 staff member
to advise their immediate manager the notification may occur to the next
appropriate level of management, including where required, to the Secretary or
delegate.
33.4 The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
33.5 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 two (2) working days, or as soon
as practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the Secretary
or delegate.
33.6 The Secretary or
delegate may refer the matter to the IR Branch, NSWIR for consideration.
33.7 If the matter
remains unresolved, the Secretary or delegate 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.
33.8 A staff member,
at any stage, may request to be represented by their Union.
33.9 The staff member
or the Union on their behalf or the Secretary or delegate may refer the matter
to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
33.10 The staff member,
Union, Department and IR Branch, NSWIR shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
33.11 Whilst the
procedures outlined in subclauses (1) to (10) 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.
34. Consultation
34.1 Employer to
notify
34.1.1 Where the Employer
has made a definite decision to introduce major changes in production, program,
organisation, structure or technology that are likely to have significant
effects on employees, the employer must notify the employees who may be
affected by the proposed changes and their representative or representatives,
if any.
34.1.2 Significant
effects include termination of employment; major changes in the composition,
operation or size of the employer’s workforce or in the skills required; the
elimination or diminution of job opportunities, promotion opportunities or job
tenure; the alteration of hours of work; the need for retraining or transfer of
employees to other work or locations; and the restructuring of jobs. Provided
that where this award makes provision for alteration of any of these matters an
alteration is deemed not to have significant effect.
34.2 Employer to
discuss change
34.2.1 The Employer must
discuss with the Employees affected and their representatives, if any, the
introduction of the changes referred to in clause 34.1, the effects the changes
are likely to have on Employees and measures to avert or mitigate the adverse
effects of such changes on Employees and must give prompt and genuine
consideration to matters raised by the Employees and/or their representatives
in relation to the changes.
34.2.2 The discussions
must commence as early as practicable after a definite decision has been made
by the Employer to make the changes referred to in clause 34.1.
34.2.3 For the purposes
of such discussion, the Employer must provide in writing to the employees
concerned and their representatives, if any, all relevant information about the
changes including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees
provided that no Employer is required to disclose confidential information the
disclosure of which would be contrary to the Employer’s interests.
34.3 Employees
affected by workplace change will be managed in accordance with the
NSW Government's Managing Excess Employees Policy, as
amended from time to time.
35. Area, Incidence
and Duration
35.1 This award
applies to all staff of the Department of Finance and Services attached to the
Waste Assets Management Corporation in the classifications listed in Table 1
and Table 2 of Part B, Monetary Rates.
35.2 This award shall
take effect from the beginning of the first pay period to commence on or after
15 September 2013 and remains in force for a period of 12 months’ or until
varied or rescinded.
PART B
MONETARY RATES
Table 1 - Rates of Pay Landfills
Employees in the classifications set out below shall be
paid in accordance with the wages table below.
|
Classification - Grade
|
Weekly rate
|
|
Includes those employees engaged in the operations
associated with transfer
|
First Full pay
|
|
stations.
|
period on or
|
|
|
after15
|
|
|
September 2013
|
|
Depot Hand - 1
|
Litter control, cleaning, pump operation, Litter control,
|
$947.67
|
|
|
cleaning, pump operation, customer service, traffic
control,
|
|
|
|
operator in training, leachate, stormwater wheel wash
|
|
|
|
resource recovery. and general
duties
|
|
|
Operator - 2
|
All previous + competent packer & fixed plant
operation
|
$950.43
|
|
Operator - 3
|
All previous + ticketed and assessed to operate: loader /
|
$962.90
|
|
|
backhoe or excavator less than or equal to a
manufacturer's
|
|
|
|
classification of 10 tonnes or a trainee docker or forklift or
|
|
|
|
skid steer or telescopic loader < a manufacturer's
|
|
|
|
classification of 3.5 tonnes or tractor/slasher and
associated
|
|
|
|
attachments.
|
|
|
Operator - 4
|
All previous + excavator greater than a manufacturer's
|
$976.84
|
|
|
classification of 10 tonnes and less than or equal to a
|
|
|
|
manufacturer's classification of 20 tonnes
|
|
|
Operator - 5
|
All previous + Shredder Operator
|
$996.37
|
|
Operator - 6
|
Ticketed and assessed for dozers up to Caterpillar 09 or
|
$1,180.31
|
|
|
equivalent capacity, graders, dump trucks, compactors,
|
|
|
|
rollers, scrapers, excavator greater than a manufacturer's
|
|
|
|
classification of 20 tonnes
|
|
|
Operator -7
|
All the above + operate dozers equal to or larger than a
|
$1,189.57
|
|
|
Caterpillar 010 or equivalent capacity.
|
|
|
Weighbridge
|
|
Weighbridge
|
Trainee weighbridge, checklist requirements
|
$911.22
|
|
Trainee - 1
|
|
|
|
Weighbridge - 3
|
Weighbridge Operator, including data entry
|
$962.90
|
|
Weighbridge - 5
|
Weighbridge operator- additional duties including all of:
|
$996.37
|
|
|
ordering, run sheet/data input, site fuel control,
training (not
|
|
|
|
including induction training) compliance and data entry,
|
|
|
|
contacting replacement employees.
|
|
|
Allowances - supervisory allowances subject to operational
and commercial requirements
|
|
Leading Hand
|
Paid when having direct responsibility for over 3 and up
to 8
|
$32.55pw
|
|
|
other employees. In order to
receive this allowance, any
|
|
|
|
employee required to perform the duties of Leading Hand
will
|
|
|
|
be required to be the first point of contact for issues
that arise
|
|
|
|
during the working day. The
Leading Hand will determine
|
|
|
|
appropriate action or seek advice from a Supervisor or
|
|
|
|
Manager if unclear as to an appropriate action to take.
|
|
|
Assistant
|
Paid when having direct responsibility for over 8 employees.
|
$65.10 pw
|
|
Supervisor
|
In order to receive this allowance, any employee required
to
|
|
|
|
perform the role of
|
|
|
|
Assistant Supervisor will have most (if not all) of the
|
|
|
|
competencies to perform the roles under their supervision
|
|
|
|
and has the relevant licences required to perform this
role;
|
|
|
|
or has demonstrated ability to attain these competencies
|
|
|
|
within a defined time.
|
|
|
|
The duties of an Assistant Supervisor include:
|
|
|
|
• Provide a
first point of contact for issues that arise;
|
|
|
|
• Assist
with the delegation of work;
|
|
|
|
• Assist
with reporting, incident investigations;
|
|
|
|
• Assist with
ensuring adherence to WAMC's customer
|
|
|
|
service standards;
|
|
|
|
• Support
the application of safety standards in the
|
|
|
|
work area
|
|
|
Site Supervisor
|
Paid at the highest applicable rate for the group of
employees
|
$162.75pw
|
|
|
that is being supervised and
weekly allowance.
|
|
|
|
To receive this allowance, any employee required to
perform
|
|
|
|
the duties of Supervisor has all the competencies to
perform
|
|
|
|
the roles under their supervision and has the relevant
|
|
|
|
licences required to perform this
role.
|
|
|
|
The duties of a Supervisor include but are not limited to:
|
|
|
|
• Delegate
work on a day-to-day basis;
|
|
|
|
• Carry out
tasks such as reporting, incident
|
|
|
|
investigations;
|
|
|
|
• Oversee
adherence to WAMC's customer service
|
|
|
|
standards;
|
|
|
|
• Ensure
safety standards are applied in the work area;
|
|
|
|
• General
administrative functions
|
|
*These rates are all-inclusive of all rates and allowances
specified in the Waste Management Award 2010.
*AII employees are required to perform the duties
applicable to their level of work, as well as work of lower classifications
from time to time.
Payments:
Over the term of this Award WAMC will pay the
applicable Weekly Base Rate from the first full pay period commencing on or
after the dates in this schedule based upon employees commitment to implement
productivity and operational improvements from the first full pay period
commencing on or after the dates in this table.
Productivity and Operational Improvements:
Employees and Management will work together to achieve
the following specific targets, without increasing resources;
1. An improvement
in Lost Time Injury Frequency Rate (LTIFR) to <10;
2. Improved
Resource Recovery;
3. Achieve the
targeted compaction rate for the site;
4. Achieve
targeted turnaround times of <20 minutes at landfill operations.
Operational Improvements which shall include but are
not limited to:
5. Employees will
work with management to implement health and safety programs to avoid lost
time. These initiatives will include but are not limited to:
a. Verbally
report all Injuries on the day of occurrence to the immediate Supervisor /
Manager prior to the employee ceasing duty,
b. Verbally
reporting all incidents on the day of occurrence to the immediate Supervisor
/Manager prior to the employee ceasing duty,
c. participating
in OH&S consultative committees,
d. advising
treating doctors of WAMC's return to work programs,
e. working
with management to prepare return to work programs in the event of a lost time
incident;
f. being
available to meet with the supervisor/Manager for injury / incident discussion
prior to ceasing duty (except where urgent medical attention is required).
6. Employees will
support WAMC's Integrated Management System.
7. Work with
management to achieve compaction targets for each landfill. Where applicable
utilize new technology to monitor compaction and modify work practices for
operating machinery to achieve targeted compaction rates.
Table 2 - Rates of Pay WAMC Engineering Trades
|
WAMC Classification
Level
|
Weekly Rate
|
|
Leading Hand Mechanic
|
$1347.36
|
|
Mechanic
|
$1347.36
|
|
Trades Assistant
|
$963.09
|
These rates are all inclusive and cover all allowances
and special rates covered in previous agreements and awards, unless otherwise
specified in this Award.
Table 3 - Allowances
|
Allowances
|
Weekly amount
|
|
Mechanic Supervisor
|
Responsible for supervising a designated work
|
$109.34 per week
|
|
|
group, allocating and controlling work and
|
|
|
|
completing necessary
administrative tasks.
|
|
|
Tool Maintenance
|
Supply and maintain a personal toolkit to the level
|
$21.87 per week
|
|
|
agreed with the supervisor
|
|
|
Meal Allowance
|
This allowance is paid when a meal allowance is
|
$14.21 per meal
|
|
|
required in accordance with this Award
|
period
|
|
First Aid Allowance
|
This allowance is paid to nominated employees
|
$17.94 per week
|
|
|
who are trained and qualified to
render first aid.
|
|
Explanatory Notes in relation to Tables 1 - 3:
All rates in Tables 1 and 2 incorporate the Disability Allowance
and Additional Sick Leave Allowances.
I. TABBAA, Commissioner
____________________
Printed by the authority of the Industrial Registrar.