Crown Employees (Household Staff - Department of
Education) Wages and Conditions Award 2020
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Industrial Relations Secretary.
(Case No. 191917 of 2021)
|
Before Commissioner Webster
|
29 July 2021
|
AWARD
Clause No. Subject Matter
1. Arrangement
SECTION 1 - APPLICATION AND OPERATION OF AWARD
1. Arrangement
2. Title
3. Dictionary
4. Area,
Incidence and Duration
SECTION 2 - TYPE AND CATEGORIES OF EMPLOYMENT,
EMPLOYMENT RELATIONSHIP
5.
Classification Structure
SECTION 3 - PERFORMANCE AND DEVELOPMENT
6. Training
and Development
7. Multi-skilling
8. Performance
Management Scheme
SECTION 4 - WAGE AND RELATED MATTERS
9. Wages
10. Salary
Packaging Arrangements, Including Salary Sacrifice to Superannuation
11. Higher
Duties
12. Broken
Shift Allowance
SECTION 5 - HOURS OF WORK
13 Hours
of Work
14. Work
performed on weekends
15. Public
Holidays
16. Overtime
SECTION 6 - LEAVE
17. Leave
18. Family
and Community Service Leave
19. Bereavement
Leave
20. Personal/Carer’s
Leave
21. Parental
Leave
SECTION 7 - WORK ENVIRONMENT
22. Anti-discrimination
23. Flexible
Work Organisation
24. Secure
Employment
SECTION 8 - DISPUTE RESOLUTION AND FACILITATIVE
PROVISIONS
25. Deduction
of Union Membership Fees
26. Dispute
and Grievance Resolution Procedures
SECTION 9 – NO EXTRA CLAIMS
27. No
Extra Claims
SCHEDULES
SCHEDULE A
MONETARY RATES
Table 1 - Wages
Table 2 - Allowances
2. Title
This award shall be known as the Crown Employees (Household
Staff - Department of Education) Wages and Conditions Award 2021.
3. Dictionary
3.1 "Act"
means the Government Sector Employment
Act 2013.
3.2 "Union"
means United Voice, NSW Branch.
3.3 "Casual
Employee" means any employee engaged as such who is not an officer or
temporary employee.
3.4 "Employee"
means a person employed in any capacity under the provisions of the Act as
Household Staff.
3.5 "Department"
means the Department of Education, as specified in Schedule 1 of the Act.
3.6 "Household
Staff" means and includes all employees employed in a residential
agricultural high school as:
"Household Staff Grade 1" and occupies a
position of Kitchen Hand or Useful, Cleaner, Room Attendant, Dining Room
Attendant, Laundry Attendant, Stores Steward;
"Household Staff Grade 2" and occupies a
position of Butcher (casual), Cook (unqualified);
"Household Staff Grade 3" and occupies a
position of Laundry Supervisor, Cook (qualified), Dining Room Supervisor,
Housekeeper/Cleaning Supervisor;
"Household Staff Grade 4" and occupies a
position of First Cook (qualified);
"Household Staff Grade 5" and occupies a
position of Catering Supervisor.
3.7 "Normal
Work" means the duties and responsibilities relevant to the statement of
duties or position description of an employee or employees.
3.8 "Principal"
means a teacher appointed as such to be responsible for the management,
organisation, supervision and efficiency of a residential agricultural high
school and all departments within that school or his or her nominee.
3.9 "Regulation"
means the Government Sector Employment Regulation 2014.
3.10 "Residential
Agricultural High School" means Farrer Memorial Agricultural High School,
Hurlstone Agricultural High School or Yanco Agricultural High School or any
other school classified as such by the Secretary.
3.11 "Wage
Rates" means the ordinary time rate of pay for the employee’s grading,
excluding shift allowances, weekend penalties, and all other allowances not
regarded as wages.
4. Area, Incidence and
Duration
4.1 This award
covers all household staff, employed under the Act in a Residential
Agricultural High School in the following classifications:
Household Staff Grade 1
Household Staff Grade 2
Household Staff Grade 3
Household Staff Grade 4
Household Staff Grade 5
4.2 This Award rescinds
and replaces the Crown Employees (Household Staff - Department of Education)
Wages and Conditions Award 2020 published 19 February 2021 (389 I.G. 149) and
all variations thereof.
4.3 This award has a nominal term of 12 months from 1 July 2021
with any increases to pay and work related allowances effective from the first
full pay period on or after 1 July 2021.
5. Classification
Structure
5.1 Household Staff
- Grade 1
Household staff Grade 1 means a person employed in the
following classifications: Kitchenhand, Useful, Cleaner, Dining Room Attendant,
Laundry Attendant, Stores Steward.
A Grade 1 position is one where the employee:
undertakes for a substantial part of the time routine
or repetitive duties involving the application of clearly prescribed standard
procedures requiring the use of some discretion; and
works under direct supervision, either individually or
as a member of a team, to a level of training held by the individual.
Without limiting the foregoing, a Grade 1 employee may
be required to perform the following indicative duties:
non-cooking duties in the kitchen including the
assembly, preparation and measurement of food items;
completion of basic stock control documentation such as
requisition and ordering of goods;
general cleaning of dormitories, dining areas or other
public areas of the boarding school;
purchasing and stock control duties, including receipt,
ordering and inventory control of goods, ordering goods of a type directed by
the employer from approved suppliers;
general room attendant duties in boarding houses; and
repairs to linen or clothing.
5.2 Household Staff
- Grade 2
Household staff Grade 2 means a person employed in the following
classifications: Butcher (casual), Cook (unqualified).
A Grade 2 position is one where the employee:
undertakes duties which involve some initiative and
decision making to a level of training held by the individual; and
has responsibility for the quality of their own work
subject to routine supervision.
Without limiting the foregoing, a Grade 2 employee may
be required to perform the following indicative duties:
basic cooking duties including the preparation of
standard meals, baking and pastry cooking of a variety of food items;
butchering and preparation of the various cuts of
mutton, beef and pork, as required by the daily menus; and
clean and conduct routine maintenance of equipment,
e.g. band saw, mincer, hand saw, knives, in compliance with occupational health
and safety requirements and ensure that all work processes comply with the
legislative requirements set by the NSW Food Authority.
5.3 Household Staff
- Grade 3
Household staff Grade 3 means a person employed in the
following classifications: Laundry Supervisor, Dining Room Supervisor,
Housekeeper/Cleaning Supervisor, Cook (qualified).
A Grade 3 position is one where the employee:
works under minimal supervision to a level of training
held by the individual;
plans their own and other work schedules as approved by
the employer;
assists in the training and supervision of employees at
lower levels; and
is competent in technical areas as required for the
position.
Without limiting the foregoing, a Grade 3 employee may
be required to perform the following indicative duties:
general cooking duties including the preparation of
standard meals, baking and pastry cooking of a variety of food items;
supervise persons in the delivery of goods or items to
students from the dining room;
is responsible for the supervision and control of
domestic staff and who may be required to perform the duties of domestic staff;
and
manages all facets of the boarding school’s cleaning
services including the preparation of duty rosters and supervision of staff to
ensure the provision of an efficient cleaning and laundry service.
5.4 Household Staff
- Grade 4
Household staff Grade 4 means a person employed in the
classification of First Cook (qualified).
A Grade 4 position is one where the employee:
receives limited instructions regarding work
assignments and usually works without supervision;
is regularly required to exercise independent
initiative and judgement;
directly supervises a small group of employees in a
section of the school;
would be expected to have completed an apprenticeship
or have passed the appropriate trade test in cookery, baking or pastry cooking and
have completed appropriate additional training and who is engaged in
supervising other trade-qualified cooks; or
would be expected to have undertaken and completed
skill developing programs relevant to the skills and duties required to be
undertaken. This requirement may be
satisfied by Department of Education sponsored programs, relevant trade
qualification and/or post-secondary training which may include TAFE training or
recognition of relevant prior learning or practical experience accepted by the Department.
Without limiting the foregoing, a Grade 4 employee may
be required to perform the following indicative duties:
cooking duties including a la carte cooking, baking,
pastry cooking or butchery and the supervision of the operation;
oversee proper preparation of ingredients by kitchen
staff in time for cooking and maintain detailed account of daily menus in
Chef’s Register;
conduct daily routine maintenance and cleaning of
kitchen equipment and facilities; and
conduct routine maintenance and thorough cleaning of
kitchen equipment and facilities during school vacation breaks.
5.5 Household Staff
- Grade 5
Household staff Grade 5 means a person employed in the
classification of Catering Supervisor.
A Grade 5 position is one where the employee:
requires minimal instruction in the performance of
their duties;
exercises substantial responsibility and independent
initiative and judgement with a detailed knowledge of workplace procedures and
of the employer’s business;
has responsibility for employees in one or more
sections of the school; and
is required to have undertaken and completed
post-secondary training provided by an accredited training provider relevant to
the tasks required by the Department for this grade, or has engaged in
extensive equivalent in-service training, or has significant and substantial
technical and procedural knowledge which is regarded by the Department to be
equivalent to the required post-secondary training.
Without limiting the foregoing, a Grade 5 employee may
be required to perform the following indicative duties:
menu planning and preparation of duty rosters; and
supervision of staff to ensure provision of efficient catering service; and
supervision, training and co-ordination of staff,
responsibility for their efficient allocation and control, in one or more
sections of the school.
6. Training and
Development
6.1 The principal
will review, on annual basis, training and development opportunities for household
staff.
6.2 Training and
development will be based on:
6.2.1 current and
future job needs and career path planning; and
6.2.2 recognition of
each employee’s previous learning and building on this through the gaining of
new skills/competencies.
6.3 Attendance of
household staff at approved training and development activities during the
hours of 6.00 am to 8.00 pm is to be regarded as being on duty.
6.4 Approved
training and development activities will be conducted, wherever possible,
between the hours of 6.00 am to 8.00 pm.
6.5 Any actual
necessary expenses relating to travel, meals and accommodation incurred in
attending approved training and development activities will be reimbursed by
the Department.
7. Multi-Skilling
7.1 Taking into
account an employee’s experience and training, a principal may require an
employee to perform any of the duties appropriate to their classification or of
a lower classification without any reduction in pay.
8. Performance
Management Scheme
8.1 Objectives -
8.1.1 Develop and
improve the quality of employee performance.
8.1.2 Focus work on the
objectives of the Department’s strategic plan and the school’s plan.
8.1.3 Provide
performance related guidance and feedback on performance and achievements of
objectives.
8.1.4 Provide
opportunities for employees to provide input into school planning.
8.1.5 Support
employee’s career development needs.
8.2 Principles -
8.2.1 The work of
employees is centred on providing support to schools as identified in the
school’s plan.
8.2.2 Performance
Management:
(i) Focuses on the
achievement of agreed objectives based on the Department’s strategic plan and
the school’s plan;
(ii) Focuses on
recognition of employee performance and development of skills;
(iii) Provides
feedback which enables employees to improve the quality of their work;
(iv) Is a continuous
and systematic process with clearly stated purposes;
(v) Provides for
review and reassessment of the roles and responsibilities of employees within
the context of changes in the school’s plan; and
(vi) Includes regular
progress review meetings and an annual performance meeting between the employee
and supervisor to provide feedback on performance and achievements and to
identify training and development needs.
8.3 Process -
8.3.1 The employee and
supervisor will use negotiated processes to decide upon:
(i) The work
objectives of the individual employee consistent with the priorities identified
in the school’s plan;
(ii) The frequency
of regular progress meetings using as a base a minimum of four meetings per
year; and
(iii) Procedures for
documenting and reporting on achievement, and providing feedback on
achievement.
8.4 Documentation -
8.4.1 Documentation
should be kept to a minimum and should satisfy all parties that a process has
taken place and has been evaluated.
Documentation should remain confidential to the participants.
8.4.2 Regular progress
review meetings do not require documentation unless agreed to by the employee
and the supervisor.
8.4.3 The annual
performance meeting provides an overall evaluation for the review period in
which the supervisor, in consultation with the employee will write an annual
report summarising:
(i) Performance and
achievements during the year.
(ii) Training and
development plans for the ensuing year.
(iii) Work objectives
for the ensuing year.
9. Wages
9.1 Subject to the provisions
of the Act, and the regulations thereunder, the wage rates as set out in Table
1 - Wages, of Schedule A, Monetary Rates, shall be paid to full time employees
appointed to the positions specified.
9.2 The maximum
rates of pay for part time employees shall be the hourly equivalent of the
ordinary weekly rate of pay of the classification in which the employee is
engaged for the actual number of hours worked.
9.3 The hourly
equivalent for the purpose of subclause 9.2 shall be:
9.3.1 based on 38 hours
per week where a part time employee is not accruing credits towards rostered
days off but is paid only for hours worked; or
9.3.2 based on 40 hours
per week where a part time employee is accruing credit for time worked towards
rostered days off in accordance with subclause 13.2 of this award.
9.4 Casual employees
shall be paid at the rate of one thirty eighth of the weekly rates prescribed
in respect of the classification for which the employee is casually employed,
with a minimum of three hours pay for each engagement, with additional loadings
as follows:
9.4.1 a loading of 33
1/3% for casual work Monday to Friday;
9.4.2 a loading of 50%
for casual work on Saturday;
9.4.3 a loading of 75%
for casual work on Sunday;
9.4.4 a loading of 150%
for casual work on a public holiday.
9.5 The casual
loading of 33 1/3% for casual work Monday to Friday consists of 25% plus 8 1/3%
or one twelfth pro-rata annual leave.
9.6 The casual
hourly rates of pay are inclusive of all forms of leave except for long service
leave entitlements which accrue according to the provisions of the Long Service Leave Act 1955.
9.7 The wage rates
as set out in Table 1 - Wages, of Schedule A, Monetary Rates, shall be adjusted
in line with the Crown Employees Wages Staff (Rates of Pay) Award 2021 or any
variations to or successor instruments to the said award.
10. Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation
10.1 An employee may elect,
subject to the agreement of the Department to enter into a Salary Packaging
Arrangement in accordance with the provisions of clause 6, Salary Packaging
Arrangements, Including Salary Sacrifice to Superannuation of the Crown
Employees Wages Staff (Rates of Pay) Award 2020 or any variation to or
successor instruments to the said award shall apply.
11. Higher Duties
11.1 Provisions
related to higher duties and acting allowances are prescribed in the
Regulation.
11.2 Payment of higher
duties is not to be made to another employee for undertaking some or all of the
duties of an employee who is absent on a rostered day off.
12. Broken Shift
Allowance
12.1 The additional
payment prescribed by this clause shall not apply to time worked on Saturday
and Sunday where allowances are payable in terms of clause 14, Work Performed
on Weekends, or in the computation of overtime rates.
12.2 Employees who are
required to work a broken shift shall be paid an amount as set out in Schedule
A, Table 2 - Allowances, as a broken shift allowance.
13. Hours of Work
13.1 Subject to
paragraph 13.1.3 of this clause the ordinary hours of work shall not exceed an
average of 38 hours per week where a weekly roster is observed or 76 hours per
fortnight where a fortnightly roster is observed. Such ordinary hours shall be worked in five
days on a weekly roster or in ten days on a fortnightly roster and within a
margin of fourteen hours per day provided that in order to provide household staff
with greater flexibility and to provide the schools with improved efficiency in
rostering provisions:
13.1.1 the
margin for the ordinary hours of work on any one day shall be 6.00 am to 8.00
pm. The margin of hours shall be
calculated from the time of starting to the time of finishing and shall include
all time for meals.
13.1.2 the
actual ordinary hours worked by a full time employee in any week may, by
written agreement between the principal and the employee, be averaged over a
period of four weeks between the hours of 6.00 am and 8.00 pm provided that:
(i) the total
ordinary hours worked in the four week period must not exceed 152 hours;
(ii) full time
employees are required to be on duty for a minimum of three hours on any one
rostered day.
13.1.3 the
ordinary hours as specified in subclause 13.1 of this clause shall be arranged
so that the hours worked on each day shall include a proportion of one hour
(such proportion will be on the basis of 0.4 of one hour for each eight
ordinary hours worked). The proportion
shall accumulate to allow the employee to take one rostered day off in each
twenty day, four week cycle, paid for as though worked, with a maximum of
twelve days per annum.
13.1.4 where the
day off provided under paragraph 13.1.3 of this clause is taken on a rostered
basis, where practicable the day chosen shall be one preceding or following the
employee's normal rostered day(s) off.
Another day shall be substituted where a public holiday occurs on the
rostered day off.
13.1.5 by
agreement of the principal rostered days off may accumulate and may be
scheduled during the appropriate vacation periods to suit the needs of the
employer. Such accumulation is not to
exceed five days. Dates for the taking of such accumulated leave shall be
agreed mutually between the employee and principal throughout the year.
13.1.6 an
employee who has not worked a complete four week cycle shall receive pro rata
accrued entitlements in respect of the rostered day off.
13.1.7 each
day of paid sick leave taken during any cycle of four weeks shall be regarded
as a day worked for accrual purposes.
13.1.8 accrued
rostered days off, where taken, shall be regarded as days worked for accrual
purposes in the particular twenty day shift cycle.
13.1.9 time
towards a rostered day off shall not accrue whilst an employee is on the first
four weeks of recreation leave accrued each year.
13.1.10 where
an employee is absent on extended leave and/or worker's compensation during a
cycle and returns prior to the end of that cycle, time absent during that cycle
shall count towards the accrual of time for the purpose of taking a rostered
day off during that cycle. An employee who is absent on extended leave and/or
worker's compensation for a full cycle shall not be entitled to accumulate time
towards a rostered day off during that cycle.
13.1.11 employees
on an ordinary weekly or fortnightly roster shall be granted two days off duty
each week.
13.1.12 shift
rosters may be changed on seven days' notice or at any time by mutual consent,
or in exceptional circumstances on twelve hours' notice if rendered necessary
by the absence of other employees from duty or shortage of staff, or other
exceptional circumstances.
13.2 Part time employees
who work regular hours on a five day basis shall be entitled, by mutual
agreement between the principal and the employee, to the benefit of the 38 hour
week, 19 day month on a pro rata basis.
13.3 Casual employees
shall not be eligible to accumulate time in accordance with the provisions of
this award for the benefit of the 38 hour week, 19 day month.
13.4 The starting and
finishing times of employees shall be as determined by the principal to suit
the needs of the school following consultation with the employees.
13.5 Employees cannot
be required to work more than five hours in one continuous period without an
unpaid meal break of at least 30 minutes.
13.6 No employee shall
be eligible for sick leave when on rostered days off arising from the 38 hour
week, 19 day month.
14. Work Performed on
Weekends
14.1 Time worked on
Saturdays and Sundays, other than that worked as overtime, shall be paid for at
the rate of:
Saturday - time and one half;
Sunday - time and three quarters;
provided that a shift in which the majority of hours
are worked on a Saturday or Sunday shall, for the purpose of this clause, be
regarded as a Saturday or Sunday shift as the case may be.
15. Public Holidays
15.1 Provisions
relating to public holidays are prescribed in the Regulation.
15.2 Where an employee
is required to and does work on a public holiday, the employee shall be paid
double time and a half for time worked.
Such payment shall be in lieu of any other penalty rates that would have
been payable had the day not been a public holiday.
15.3 Where a public
holiday falls on an employee’s normal rostered day off and the employee is not
required to work on that day, the employee shall be paid one day’s pay for the
public holiday or have one day added to their annual holidays for each such
day. Provided that this provision shall
not apply to an employee who is regularly rostered to work Monday to Friday and
the public holiday falls on a Saturday or Sunday.
16. Overtime
16.1 The principal may
require any employee to work reasonable overtime and such employee shall work
overtime in accordance with such requirement, provided that an employee shall
have ten hours off duty between the termination of work on one day and the
commencement of ordinary work on the next day.
16.2 Subject to
subclause 16.1, the principal may require an employee to work reasonable
overtime at overtime rates.
16.3 An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
16.4 For the purposes
of subclause 16.2 what is unreasonable or otherwise will be determined having
regard to:
(i) any risk to an employee’s
health and safety;
(ii) the employee’s
personal circumstances including any family and carer responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
given) by the principal of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
16.5 Subject to the
provisions of clause 13 of this award, overtime at the rate of time and
one-half for the first two hours and double time thereafter shall be paid for
all time worked:
16.5.1 in excess of the
daily rostered hours on any one day (inclusive of time worked for accrual
purposes in accord with the provisions for a 38 hour week, 19 day month); or
16.5.2 in excess of 38
hours per week where a weekly roster is observed; or
16.5.3 in excess of 76
hours per fortnight where a fortnightly roster is observed; or
16.5.4 in excess of 152
hours per four week period where a four week roster is observed; or
16.5.5 on normal rostered
days off; or
16.5.6 in excess of the
maximum spread of hours (inclusive of the time worked for accrual purposes in
accordance with the provisions of a 38 hour week, 19 day month).
16.6 Provided that
overtime worked on Sundays shall be paid for at the rate of double time and
where an employee is brought in to work overtime on a Sunday which is the
employee's rostered day off, the employee shall be paid for such overtime with
a minimum payment of four hours at that rate and provided that overtime worked
on a public holiday shall be paid at the rate of double time and one half.
16.7 An employee
required to work overtime of two hours or more without being notified on the
previous day or earlier shall be supplied with a meal by the employer.
16.8 In computing
overtime each day’s work shall stand alone.
16.9 For the purpose
of calculating overtime payments, the hourly rate of pay shall be determined by
dividing the weekly rate of pay by 38.
16.10 An employee who
works overtime may elect to take leave in lieu of payment for all or part of
the entitlement in respect of time worked.
16.11 The following
provisions shall apply to the leave in lieu:
16.11.1 the
employee shall advise the supervisor before the overtime is worked or as soon
as practicable on completion of overtime, that the employee intends to take
leave in lieu of payment;
16.11.2 the
leave shall be calculated at the same rate as would have applied to the payment
of overtime in terms of this clause;
16.11.3 the
leave must be taken at the convenience of the school, except when leave in lieu
is being taken to look after a sick family member in terms of paragraph 20.1.1
of this award;
16.11.4 the
leave shall be taken in multiples of a quarter day;
16.11.5 leave
in lieu accrued in respect of overtime worked on days other than public
holidays shall be given by the school and taken by the employee within three
months of accrual unless alternate local arrangement have been made;
16.11.6 at the
employee’s election, leave in lieu accrued in respect of overtime worked on a
public holiday may be added to the employee’s annual leave and may be taken in
conjunction with annual leave; and
16.11.7 an
employee shall be paid for the balance of any overtime entitlement not taken as
leave in lieu.
17. Leave
17.1 General -
17.1.1 General leave
conditions of employees under this Award shall be regulated in accordance with
the provisions contained within the Act and Regulation.
17.2 Stand Down -
17.2.1 When schools are
in recess and it is necessary to stand down staff, employees employed in such
schools shall be paid half ordinary pay for the period during which they have
been stood down, provided that they have been continuously employed for the
school term immediately preceding and for the school term immediately following
the period of recess.
17.3 Additional Leave
-
17.3.1 Employees who are
regularly rostered to perform duty on Sundays and public holidays shall be
granted additional leave on the following basis:
|
Number of Ordinary
Shifts Worked on Sundays
|
Additional Leave
|
|
and/or Public
Holidays
|
|
|
|
|
|
4‑10
|
1 additional days
leave
|
|
11‑17
|
2 additional days
leave
|
|
18‑24
|
3 additional days
leave
|
|
25‑31
|
4 additional days
leave
|
|
32 or more
|
5 additional days
leave
|
17.4 Sick Leave -
17.4.1 Sick leave shall
be granted in accordance with the Regulation.
17.4.2 No employee shall
be eligible for sick leave when on rostered leave arising from the 38 hour
week, 19 day month.
17.4.3 In accordance with
existing provisions, the employer will exercise the right to call for proof of
illness.
17.5 Annual Leave
Loading -
17.5.1 An employee, other
than a casual employee, is entitled to payment of an annual leave loading of
17.5% on the monetary value of up to four weeks recreation leave accrued in a
leave year provided that:
(i) where
additional leave is accrued by an employee as compensation for work performed regularly
on Sundays or public holidays, the annual leave loading shall be calculated on
five weeks; and
(ii) shift workers
proceeding on recreation leave are eligible to receive the more favourable of:
(a) the shift
premiums and penalty rates which they would have received had they not been on
recreation leave; or
(b) 17.5% annual
leave loading.
18. Family and
Community Service Leave
18.1 The Secretary
shall grant to a staff member some, or all of their accrued family and
community service leave on full pay, for reasons relating to unplanned and
emergency family responsibilities or other emergencies as described in
subclause 18.2 of this clause. The Secretary may also grant leave for the
purposes in subclause 18.3 of this clause. Non-emergency appointments or duties
shall be scheduled or performed outside of normal working hours or through
approved use of flexible working arrangements or other appropriate leave.
18.2 Such
unplanned and emergency situations may include, but not be limited to, the following:
18.2.1 Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
18.2.2 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;
18.2.3 Emergency or
weather conditions; such as when flood, fire, snow or disruption to utility
services etc., threatens a staff members property and/or prevents a staff member
from reporting for duty;
18.2.4 Attending to
unplanned or unforeseen family responsibilities, such as attending child's
school for an emergency reason or emergency cancellations by child care
providers;
18.2.5 Attendance at
court by a staff member to answer a charge for a criminal offence, only if the
Secretary considers the granting of family and community service leave to be
appropriate in a particular case.
18.3 Family and
community service leave may also be granted for:
18.3.1 An 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; and
18.3.2 Attendance as a competitor
in major amateur sport (other than Olympic or Commonwealth Games) for staff
members who are selected to represent Australia or the State.
18.4 The
definition of "family" or "relative" in this clause is the
same as that provided in paragraph 20.1.3 of clause 20, Personal/Carer’s Leave,
of this award.
18.5 Family
and community service leave shall accrue as follows:
18.5.1 two and a half
days in the staff members first year of service;
18.5.2 two and a half
days in the staff members second year of service; and
18.5.3 one day per year
thereafter.
18.6 If available
family and community service leave is exhausted as a result of natural
disasters, the Secretary shall consider applications for additional family and
community service leave, if some other emergency arises.
18.7 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 20, Personal/Carer’s
Leave, of this award shall be granted when paid family and community service
leave has been exhausted or is unavailable.
18.8 The Secretary may
also grant staff members other forms of leave such as accrued recreation leave,
time off in lieu, and so on for family and community service leave purposes.
19. Bereavement Leave
19.1 Where available
family and community service leave is exhausted an employee, other than a
casual employee, shall be entitled to up to two days bereavement leave without
deduction of pay on each occasion of the death of a person prescribed in paragraph
20.1.3 below.
19.2 The employee must
notify the principal as soon as practicable of the intention to take
bereavement leave and will, if required by the principal, provide to the
satisfaction of the principal proof of death.
19.3 Bereavement leave
shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave in paragraph 20.1.3,
provided that, for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
19.4 An employee shall
not be entitled to bereavement leave under this clause during any period in
respect of which the employee has been granted other leave.
19.5 Bereavement leave
may be taken in conjunction with other leave available under subclauses 20.2,
20.3, 20.4, 20.5 and 20.6. In determining such a request the principal will
give consideration to the circumstances of the employee and the reasonable
operational requirements of the school.
19.6 Subject to the
evidentiary and notice requirements in 19.2, casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in paragraph 20.1.3 of clause 20, Personal/Carer’s
Leave.
19.7 The employer and
employee shall agree on the period for which the employee will not be entitled
to be available to attend work. In the
absence of agreement, the employee is entitled to not be available 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.
19.8 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause.
The rights of an employer to engage or not engage a casual employee are
otherwise not affected.
20. Personal/Carer’s
Leave
20.1 Use of Sick Leave
Entitlements
20.1.1 When family and
community service leave is exhausted, an employee, other than a casual
employee, with responsibilities in relation to a category of person set out in
paragraph 20.1.3 of this clause who needs the employee’s care and support,
shall be entitled to use, available paid sick leave, subject to the conditions
specified in this clause, for absences to provide care and support for such
persons when they are ill. Such leave
may be taken for part of a single day.
20.1.2 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 three years. In
special circumstances, the Secretary may grant additional sick leave from the
sick leave accumulated during the employee’s eligible service.
20.1.3 The entitlement to
use sick leave in accordance with this clause is subject to:
(i) The employee
being responsible for the care and support of the person concerned; and
(ii) The person
concerned being:
(a) a spouse of the
employee; or
(b) a de facto
spouse being a person of the opposite sex to the employee who lives with the
employee as her husband or his wife on a bona fide domestic basis although not
legally married to that employee; or
(c) 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 and legal guardian),
grandparent, grandchild or sibling of the employee or of spouse or of de facto
spouse of the employee; or
(d) a same sex partner
who lives with the employee as the de facto partner of that employee on a bona
fide domestic basis;
(e) or a relative
of the employee who is a member of the same household, where for the purposes
of this definition:
1. "relative"
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
2. "affinity"
means a relationship that one spouse or partner has to the relatives of the
other; and
3. "household"
means a family group living in the same domestic dwelling.
20.1.4 An employee shall,
wherever practicable, give the principal notice prior to the absence of the
intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the principal by
telephone of such absence at the first opportunity on the day of absence.
20.1.5 Subject to the
evidentiary and notice requirements in 20.1.4, casual employees are entitled to
not be available to attend work, or to leave work if they need to care for a
person prescribed in paragraph 20.1.3 of clause 20, Personal/Carer’s Leave, who
is sick and requires care and support, or who requires care due to an
unexpected emergency, or the birth of a child.
20.1.6 The employer and
the employee shall agree on the period for which the employee will not be
entitled to be available to attend work.
In the absence of agreement, the employee is entitled to not be
available 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.
20.1.7 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
20.2 Use of Unpaid
Leave for Family Purposes
20.2.1 An employee may
elect, with the consent of the principal, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in
paragraph 20.1.3 above who is ill.
20.3 Use of Annual
Leave -
20.3.1 An employee may
elect with the consent of the principal, subject to the Annual Holidays Act 1944 to take annual leave not exceeding ten
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties to care for a person prescribed in paragraph 20.1.3
of clause 20, Personal/Carer’s Leave, who is sick and requires care and
support, or who requires care due to an unexpected emergency, or the birth of a
child.
20.3.2 An employee may
elect with the employer’s agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
20.3.3 Access to annual
leave, as prescribed in paragraph 20.3.1 above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
20.3.4 An employee may agree
to defer payment of the annual leave loading in respect of single day absences,
until at least five consecutive annual leave days are taken.
20.4 Use of Time Off
in Lieu of Payment for Overtime -
20.4.1 An employee may
elect, with the consent of the principal, to take time off in lieu of payment
for overtime at a time or times agreed with the principal within twelve months
of the said election.
20.4.2 If having elected
to take time as leave in accordance with paragraph 20.4.1 above, the leave is
not taken for whatever reason payment for time accrued at overtime rates shall
be made at the expiry of the twelve month period or on termination.
20.4.3 Where no election
is made in accordance with paragraph 20.4.1, the employee shall be paid
overtime rates in accordance with clause 16 of this award.
20.5 Use of Make-up
Time
20.5.1 An employee may
elect, with the consent of the principal, to work "make-up
time". "Make-up time" is
worked when the employee takes time off during ordinary hours for family or
community service responsibilities, and works those hours at a later time,
during the spread of ordinary hours, at the ordinary rate of pay.
20.5.2 An employee on
shift work may elect, with the consent of the principal, to work "make-up
time" (under which the employee takes time off during ordinary hours and
works those hours at a later time), at the shift work rate which would have
been applicable to the hours taken off.
20.6 Use of Rostered
Days Off
20.6.1 An employee may
elect, with the consent of the principal, to take a rostered day off at any
time.
20.6.2 An employee may
elect, with the consent of the principal, to take rostered days off in part day
amounts.
20.6.3 An employee may
elect, with the consent of the principal, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the principal and employee, or subject to reasonable notice by
the employee or the principal.
20.6.4 This subclause is
subject to the Secretary informing the Union of any intention to introduce an
enterprise system of rostered day off flexibility and providing a reasonable
opportunity for the Union to participate in negotiations.
21. Parental Leave
21.1 Parental leave conditions
of employees under this Award shall be regulated in accordance with the
provisions contained within the Act and Regulation and will be in addition to
those set out in the Industrial Relations
Act 1996 (NSW) and the Regulation.
21.2 An employer must
not fail to re-engage a regular casual employee (see section 53(2) of the Act)
because:
the employee or employee’s spouse is pregnant; or
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.
21.3 Right to Request
21.3.1 An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
21.3.2 The employer shall
consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
21.3.3 The employee’s
request and the employer’s decision made under 21.3.1(ii) and 21.3.1(iii) must
be recorded in writing.
21.3.4 Where an employee
wishes to make a request under 21.3.1(iii), such a request must be made as soon
as possible but no less than seven weeks prior to the date upon which the
employee is due to return to work from parental leave.
21.4 Communication
During Parental Leave
21.4.1 Where an employee is
on parental leave and a definite decision has been made to introduce a
significant change at the workplace, the employer shall take reasonable steps
to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
21.4.2 The employee shall
take reasonable steps to inform the employer about any significant matter that
will affect the employee’s decision regarding the duration of parental leave to
be taken, whether the employee intends to return to work and whether the
employee intends to request to return to work on a part-time basis.
21.4.3 The employee shall
also notify the employer of changes of address or other contact details which
might affect the employer’s capacity to comply with paragraph 21.4.1.
22.
Anti-Discrimination
22.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age, and responsibilities as a carer.
22.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
discriminatory effect.
22.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
22.4 Nothing in this
clause is to be taken to affect:
22.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation; offering
or providing junior rates of pay to persons under 21 years of age;
22.4.2 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977; and
22.4.3 a party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
22.5 This clause does not
create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
23. Flexible Work
Organisation
23.1 In order to
improve services to students or to improve employee’s working arrangements, the
following process provides for the principal and employees of a school to vary
the school’s organisation in the following manner:
23.1.1 The principal or
employees may propose a variation to existing organisational/working
arrangements.
23.1.2 The proposal must
be capable of being implemented within the school’s overall current staffing
entitlement.
23.1.3 The proposal must
be agreed to by the principal and the majority of employees.
23.1.4 Consultation,
where appropriate, must also take place with teaching staff, parents, students
and relevant community groups.
24. Secure Employment
24.1 Work Health and
Safety
24.1.1 For the purposes
of this subclause, the following definitions shall apply:
(i) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(ii) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
24.1.2 Any employer which
engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(i) consult with
employees of the labour hire business and/or contract business regarding the
workplace work health and safety consultative arrangements;
(ii) provide employees
of the labour hire business and/or contract business with appropriate work
health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
(iii) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(iv) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
24.1.3 Nothing in this
subclause (a) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work, Health and Safety Act 2011 or the Workplace Injury Management and Workers
Compensation Act 1998.
24.2 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.
24.3 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.
25. Deduction of Union
Membership Fees
25.1 The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
25.2 The union shall
advise the employer 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 employer at least one month in
advance of the variation taking effect.
25.3 Subject to (25.1)
and (25.2) above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union's rules, provided that the employee has authorised the employer to
make such deductions.
25.4 Monies so
deducted from employees' pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
25.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
25.6 Where an employee
has already authorised 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 employee to make a fresh authorisation in order for such
deductions to continue.
26. Dispute and
Grievance Resolution Procedures
26.1 Subject to the
provisions of the Industrial Relations
Act 1996, should any dispute (including a question or difficulty) about an
industrial matter arise, then the following procedures shall apply:
26.1.1 Should any
dispute, question or difficulty arise as to matters occurring in a particular
workplace, then the employee and/or the Union’s workplace representative will
raise the dispute, question or difficulty with the principal/supervisor as soon
as practicable.
26.1.2 An employee may
request to be represented by a Union representative.
26.1.3 The principal/supervisor
will discuss the matter with the employee and/or representative within two
working days with a view to resolving the dispute, question or difficulty or by
negotiating an agreed method and time frame for proceeding.
26.1.4 Should the above
procedure be unsuccessful in producing a resolution of the dispute, question or
difficulty or should the matter be of a nature which involves multiple
workplaces, then the individual employee or the Union may raise the matter with
an appropriate officer of the Department with a view to resolving the dispute,
question or difficulty or negotiating an agreed method and time frame for
proceeding.
26.1.5 Where the
procedures in paragraph 26.1.4 do not lead to resolution of the dispute,
question or difficulty, the matter will be referred to the Deputy-Secretary,
Corporate Services Department and the Secretary of the Union. They or their nominees will discuss the
dispute, question or difficulty with a view to resolving the matter or by
negotiating an agreed method and time frame for proceeding.
26.2 Should the above
procedures not lead to a resolution, then either party may make application to
the Industrial Relations Commission of New South Wales.
26.3 Whilst the above
procedures are being followed, normal work undertaken prior to notification of
the grievance or dispute shall continue unless otherwise agreed between the
parties. In the case of a dispute
involving occupational health and safety normal work shall proceed in such a
manner to avoid any risk to an employee of the Department or member of the
public. If practicable, normal work
shall proceed in such a manner to avoid any risk to the health and safety of
any employee or member of the public.
27. No Extra Claims
27.1 Other than as provided for in the Industrial
Relations Act 1996 and the Industrial Relations (Public Sector Conditions
of Employment) Regulation 2014, there shall be no further claims/demands or proceedings
instituted before the NSW Industrial Relations Commission for extra or reduced
wages, salaries, rates of pay, allowances or conditions of employment with
respect to the Employees covered by the Award that take effect prior to 30 June
2022 by a party to this Award.
SCHEDULE A
MONETARY RATES
Table 1 - Wages
Household Staff -
|
Classification
|
Weekly
Rate Effective from the first full pay period
|
Weekly
Rate Effective from the first full pay period
|
|
|
on
or after 1.7.20
|
on
or after 1.7.21
|
|
|
(0.3%)
|
(2.04%)
|
|
|
$a
|
$
|
|
Household Staff Grade 1
|
836.20
pw
|
853.30
pw
|
|
Kitchen Hand or Useful
Cleaner
|
|
|
|
Room Attendant
|
|
|
|
Dining Room Attendant
|
|
|
|
Laundry Attendant
|
|
|
|
Stores Steward
|
|
|
|
Household Staff Grade 2
|
845.60
pw
|
862.90
pw
|
|
Butcher (casual)
|
|
|
|
Cook (unqualified)
|
|
|
|
Cook (unqualified)
|
|
|
|
Household Staff Grade 3
|
871.10
pw
|
888.90
pw
|
|
Laundry Supervisor
|
|
|
|
Cook (qualified)
|
|
|
|
Dining Room Supervisor
|
|
|
|
Housekeeper/Cleaning
Supervisor
|
|
|
|
Household Staff Grade 4
|
916.30
pw
|
935.00
pw
|
|
First Cook (qualified)
|
|
|
|
Household Staff Grade 5
|
957.30
pw
|
976.80
pw
|
|
Catering Supervisor
|
|
|
Table 2 - Allowances
|
Clause
|
Description
|
Weekly Rate Effective
from the first full pay period
|
Weekly Rate
Effective from the first full pay period
|
|
|
|
on or after 1.7.2020
|
on or after 1.7.2021
|
|
|
|
(0.3%)
|
(2.04%)
|
|
|
|
$
|
$
|
|
Clause 12.2
|
Broken Shift Allowance
|
12.60
|
12.86
|
J. WEBSTER, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.