Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2019/134157)
Before Commissioner
Murphy
|
17 October 2022
|
Commissioner Sloan
|
|
Commissioner Webster
|
|
REVIEWED
AWARD
PART A
SECTION 1 -
FRAMEWORK
1. Arrangement
Clause No. Subject Matter
PART A
SECTION 1 - FRAMEWORK
1. Arrangement
2. Title
3. Definitions
4. Parties to
the Award
5. Conditions
of Employment
6. Coverage
7. Statement
of Intent
8. Work
Environment
9. Grievance
and Dispute Settling Procedures
SECTION 2 - ATTENDANCE/HOURS OF WORK
10. Local
Arrangements
11. Working
Hours
12. Casual
Employment
13. Part-Time
Employment
14. Morning and
Afternoon Breaks
15. Meal Breaks
15A. Lactation
Breaks
16. Variation
of Hours
17. Natural Emergencies
and Major Transport Disruptions
18. Notification
of Absence from Duty
19. Public
Holidays
20. Standard
Working Hours
21. Flexible
Working Hours
22. Rostered
Days Off for 38 Hour Week Workers
23. Non-Compliance
24. Flexible
Work Practices
25. Existing
Hours of Work Determinations
SECTION3 - TRAVEL ARRANGEMENTS
26. Travelling
Compensation
27. Excess
Travelling Time
28. Waiting
Time
29. Meal
Expenses on One-Day Journeys
30. Restrictions
on Payment of Travelling Allowances
31. Increase or
Reduction in Payment of Travelling Allowances
32. Production
of Receipts
33. Travelling
Distance
SECTION 4 - ALLOWANCES AND OTHER MATTERS
34. Camping
Allowance
35. Composite
Allowance
36. Allowance
Payable for Use of Private Motor Vehicle
37. Damage to
Private Motor Vehicle Used for Work
38. Camping
Equipment Allowance
39. Allowance
for Living in a Remote Area
40. Assistance
to Employees Stationed in a Remote Area When Travelling on Recreation Leave
41. Overseas
Travel
42. Exchanges
43. Room at
Home Used as Office
44. Semi-Official
Telephones
45. Flying
Allowance
46. Uniforms,
Protective Clothing and Laundry Allowance
47. Compensation
for Damage to or Loss of Employee’s Personal Property
48. Garage and
Carport Allowance
49. Forage for
Horses
50. Community
Language Allowance Scheme (CLAS)
51. First Aid
Allowance
52. Review of
Allowances Payable in Terms of This Award
SECTION 5 - UNION CONSULTATION, ACCESS AND ACTIVITIES
53. Trade Union
Activities Regarded as On Duty
54. Trade Union
Activities Regarded as Special Leave
55. Trade Union
Training Courses
56. Conditions
Applying to On Loan Arrangements
57. Period of
Notice for Trade Union Activities
58. Access to
Facilities by Trade Union Delegates
59. Responsibilities
of the Trade Union Delegate
60. Responsibilities
of the Trade Union
61. Responsibilities
of Workplace Management
62. Right of
Entry Provisions
63. Travelling
and Other Costs of Trade Union Delegates
64. Industrial
Action
65. Consultation
and Technological Change
66. Deduction
of Trade Union Membership Fees
SECTION 6 - LEAVE
67. Leave -
General Provisions
68. Absence
from Work
69. Applying
for Leave
70. Extended
Leave
71. Family and
Community Service Leave
72. Leave
Without Pay
73. Military
Leave
74. Observance
of Essential Religious or Cultural Obligations
75. Parental
Leave
76. Purchased
Leave
77. Recreation
Leave
78. Annual
Leave Loading
79. Sick Leave
80. Sick Leave
- Requirements for Evidence of Illness
81. Sick Leave
to Care for a Family Member
82. Sick Leave
- Workers Compensation
83. Sick Leave
- Claims Other Than Workers Compensation
84. Special
Leave
84A. Leave for
Matters Arising from Domestic Violence
SECTION 7 - TRAINING AND PROFESSIONAL DEVELOPMENT
85. Employee
Development and Training Activities
86. Study
Assistance
SECTION 8 - SHIFT WORK AND OVERTIME
87. Shift Work
88. Overtime -
General
89. Overtime
Worked by Shift Workers
90. Overtime
Worked by Day Workers
91. Recall to
Duty
92. On-Call
(Stand-By) and On-Call Allowance
93. Overtime
Meal Breaks
94. Overtime
Meal Allowances
95. Rate of
Payment for Overtime
96. Payment for
Overtime or Leave in Lieu
97. Compensation
for Additional Hours Worked by Duty Officer, State Emergency Services
98. Calculation
of Overtime
99. Provision
of Transport in Conjunction with Working of Overtime
SECTION 9 - MISCELLANEOUS
100. Anti-Discrimination
101. Secure
Employment
102. Existing
Entitlements
103. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Allowances
2. Title
This award will be known as the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009.
3. Definitions
3.1 “Act” means the Government Sector Employment Act 2013.
3.2 “Accumulation”
means the accrual of leave or time. In respect of weekly study time
accumulation means the aggregation of short periods of weekly study time which
is granted for private study purposes.
3.3 “Agreement”
means an agreement referred to in section 51 of the Act or an agreement as
defined in the Industrial Relations Act 1996.
3.4 “Approved Course”
means a course relevant to the employment of the employee in the Department or
the public service and approved by the Agency Head.
3.5 “Association”
means the Public Service Association and Professional Officers’ Association
Amalgamated Union of New South Wales.
3.6 “At the
convenience of” means the operational requirements permit the employee's
release from duty or that satisfactory arrangements are able to be made for the
performance of the employee's duties during the absence.
3.7 “Award” means an
award as defined in the Industrial Relations Act 1996.
3.8 “Birth” means
the birth of a child and includes stillbirth.
3.9 “Capital City”
means the area set out as the area for the Sydney Telephone District Directory
coded N00 in the Sydney White Pages or within a corresponding area in the
Capital City of another State or Territory.
3.10 “Casual Employee”
means an employee engaged in casual employment under Part 4, Division 5,
Section 43 Kinds of employment of the Government
Sector Employment Act 2013 and any Regulations, Rules or guidelines issued
thereof or as amended from time to time.
3.11 “Contract hours
for the day” for a full time employee, means one fifth of the full time
contract hours, as defined in this award.
For a part time employee, “contract hours for the day” means the hours
usually worked on the day.
3.12 “Daily rate” means
the rate payable for 24 hours, unless otherwise specified.
3.13 “Daily span of
hours” means, for an employee required to work standard hours, the full time
standard hours defined in this award. For an employee required to work flexible
hours, the "daily span of hours" means the hours which normally fall
within the bandwidth of the scheme applicable to the employee and which do not
attract payment for overtime, unless otherwise prescribed in this award.
3.14 “Day worker”
means an employee other than a shift worker, who works the normal hours of duty
from Monday to Friday inclusive between the hours of 7.30 a.m. and 6.00 p.m. or
as negotiated under a local arrangement.
3.15 “Department”
means a Department specified in Schedule 1, Part 1, to the Act.
3.16 “Department Head”
means in the case of a Department, the Secretary of a Department, or in any
other case, the head of the agency listed in Part 2 or 3 of Schedule 1, to the
Act.
3.17 “Domestic
Violence” means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.
3.18 “Employee” means
a person employed in ongoing employment or temporary employment as defined in
the Act and, unless otherwise specified in this award, includes both full-time
and part-time employees. For the purposes of maternity leave, as set out in
clause 75, Parental Leave, of this award, employee means a female employee.
3.19 “Expected date of
birth”, in relation to an employee who is pregnant, means a date specified by
her medical practitioner to be the date on which the medical practitioner
expects the employee to give birth as a result of the pregnancy.
3.20 “Extended leave”
means extended (long service) leave to which an employee is entitled under the
provisions of Part 2, Division 3, Clause 16 to the Government Sector Employment
Regulation 2014, as amended from time to time.
3.21 “Flexible working
hours credit” means the time exceeding the contract hours for a settlement
period and includes any time carried over from a previous settlement period or
periods.
3.22 “Flexible working
hours debit” means the contract hours not worked by an employee and not covered
by approved leave during the settlement period, as well as any debit carried
over from the previous settlement period or periods
3.23 “Flexible working
hours scheme” means the scheme outlined in clause 21, Flexible Working Hours of
this award which enables employees, subject to operational requirements, to
select their starting and finishing times and which replaces the Flexible
Working Hours Agreement No 2275 of 1980.
3.24 “Flexible Work Practices, Policy and Guidelines” means
the document negotiated between the Industrial Relations Secretary, Unions NSW
and affiliated unions which enables employees to rearrange their work pattern.
3.25 “Flex leave”
means a period of leave available to be taken by an employee as specified in
subclause 21.16 of clause 21, Flexible Working Hours of this award
3.26 “Full day” means
the full -time contract hours for the day, i.e. seven or eight hours depending
on the classification of the employee.
3.27 “Full pay” or
“half pay” means the employee's ordinary rate of pay or half the ordinary rate
of pay respectively.
3.28 “Full-time
contract hours” means the standard weekly hours, that is, 35 or 38 hours per week,
depending on the classification, required to be worked as at the date of this
award.
3.29 “Full-time
employee” means an employee whose ordinary hours of duty are specified as such
in a formal industrial instrument or whose contract hours are equivalent to the
full-time contract hours for the role classification.
3.30 “Full-time role”
means a role which is occupied, or if not for being vacant, would be occupied,
by a full-time employee.
3.31 “Half day” means
half the standard contract hours for the day.
3.32 “Headquarters”
means the centre(s) to which an employee is attached or from which an employee
is required to operate on a long-term basis.
3.33 “Industrial
action” means industrial action as defined in the Industrial Relations Act
1996.
3.34 “Local
Arrangement” means an agreement reached at the organisational level between the
Department Head or Secretary and the Association in terms of clause 10, Local
Arrangements of this award.
3.35 “Local holiday”
means a holiday which applies to a particular township or district of the state
and which is not a public holiday throughout the State.
3.36 “Normal hours of
duty” means:
for an employee working standard hours - the fixed
hours of duty, with an hour for lunch, worked in the absence of flexible
working hours;
for an employee working under a flexible working hours
scheme or local arrangement negotiated under clause 10, Local Arrangements -
the hours of duty the Department Head requires an employee to work within the
bandwidth specified under the flexible working hours scheme or local
arrangement.
3.37 “Normal work”
means, for the purposes of subclause 9.11 of clause 9, Grievance and Dispute
Settling Procedures, of this award, the work carried out in accordance with the
employee’s role or role description at the location where the employee was
employed at the time the grievance or dispute was notified by the employee.
3.38 “Official
overseas travel” means authorised travel out of Australia by an employee where
the employee proceeds overseas on official business.
3.39 “On duty” means
the time required to be worked for the Department. For the purposes of clause
53, Trade Union Activities Regarded as On Duty, of this award, on duty means
the time off with pay given by the Department to the accredited Association delegate
to enable the Association delegate to carry out legitimate Association
activities during ordinary work hours without being required to lodge an
application for leave.
3.40 “On loan” means
an arrangement between the Department and the Association where an employee is
given leave of absence from the workplace to take up employment with the
employee’s Association for a specified period of time during which the
Association is required to reimburse the Department for the employee's salary
and associated on-costs.
3.41 “On special
leave” means the employee is required to apply for special leave in order to
engage in an activity which attracts the grant of special leave in the terms of
this award.
3.42 “Ordinary hourly
rate of pay” means the hourly equivalent of the annual rate of pay of the
classification as set out in the Crown
Employees (Public Sector - Salaries 2019) Award, or any replacement of that award, calculated using the formula set out in clause 12, Casual
Employment of this award.
3.43 “Overtime” means
all time worked, whether before or after the normal hours of duty, at the direction of the
Department Head, which, due to its character or special circumstances, cannot
be performed during the employee’s normal hours of duty.
3.44 “Part-time entitlement”,
unless specified otherwise in this award, means pro rata of the full-time
entitlements calculated according to the number of hours an employee works in a
part-time role or under a part-time arrangement.
3.45 “Part-time hours”
means hours which are less than the hours which constitute full-time work under
the relevant industrial instrument.
3.46 “Part-time role”
means a designated part-time role and, unless otherwise specified, includes any
role which is filled on a part-time basis.
3.47 “Part-time
employee” means an employee whose ordinary hours of duty are specified as
part-time in a formal industrial instrument or whose contract hours are less
than the full-time hours.
3.48 “Prescribed
ceasing time” means for an employee working standard hours, the conclusion of
daily standard hours for that employee. For an employee working under a
flexible working hours scheme, prescribed ceasing time means the conclusion of
bandwidth of the scheme applying to that employee.
3.49 “Prescribed
starting time” means for an employee not working under a flexible working hours
scheme, the commencement of standard daily hours of that employee. For an
employee working under a flexible working hours scheme, prescribed starting
time means the commencement of bandwidth of the scheme applying to that
employee.
3.50 “Public holiday”
means a day declared under Part 2 of the Public
Holidays Act 2010, as a
public holiday.
3.51 “Public Service”
means the Public Service of New South Wales referred to in Part 4 of the Act.
3.52 “Recall to duty”
means those occasions when an employee is directed to return to duty outside
the employee’s ordinary hours or outside the bandwidth in the case of an
employee working under a flexible working hours scheme.
3.53 “Relief employee”
means an employee employed on a temporary basis to provide relief in a role
until the return from authorised leave of the assigned occupant or in a vacant
role until it is filled.
3.54 “Residence”, in
relation to an employee, means the ordinary and permanent place of abode of the
employee.
3.55 “Rostered Day
Off” means, for the purposes of clause 22, Rostered Days Off for 38 Hour Week
Workers, of this award, a day off in a regular cycle at a time operationally
convenient.
3.56 “Seasonal
employee” means an employee employed on a temporary basis for less than three
months to meet seasonal demands which cannot be met by employees already
employed in the Department and which, because of their seasonal nature, do not
justify employment of employees on a long-term basis.
3.57 “Secondment”
means an arrangement agreed to by the Department Head, the employee and another
public service Department, a government sector organisation or a private sector
organisation which enables the employee to work in such other organisation for
an agreed period of time and under conditions agreed to prior to the
commencement of the period of secondment. Secondments are to comply with Part 5,
Section 64 Employee transfers and secondments and Section 65 Cross-Agency
Employment of the Act.
3.58 “Secretary” means the Industrial Relations
Secretary, as defined under Part 4, Division 6 of the Act.
3.59 “Shift worker -
Continuous Shifts” means an employee engaged in work carried out in continuous
shifts throughout the 24 hours of each of at least six consecutive days without
interruption except during breakdown or meal breaks or due to unavoidable
causes beyond the control of the Department Head.
3.60 “Shift worker -
Non-continuous Shifts” means an employee who is not a day worker or a shift
worker - continuous shifts, as defined above.
3.61 “Short leave”
means the leave which was available to be granted to an employee in the case of
pressing necessity and which was replaced by family and community service leave
from 20 September 1994.
3.62 “Standard hours”
are set and regular hours of operation as determined by the Secretary, or by
the Department Head in accordance with any direction of the Secretary. Standard
hours are generally the hours which were in operation prior to the introduction
of flexible working hours or have been determined as standard hours for the
organisation since the introduction of flexible working hours.
3.63 “Standby” means
an instruction given by the Department Head to an employee to be available for
immediate contact in case of an authorised call-out requiring the performance
of duties.
3.64 “Study leave”
means leave without pay granted for courses at any level or for study tours
during which financial assistance may be approved by the Department Head, if
the activities to be undertaken are considered to be of relevance or value to
the Department and/or the public service.
3.65 “Study Time”
means the time allowed off from normal duties on full pay to an employee who is
studying a part-time course which is of relevance to the Department and/or the
public service.
3.66 “Supervisor”
means the immediate supervisor or manager of the area in which an employee is employed
or any other employee authorised by the Department Head to fulfil the role of a
supervisor or manager, other than a person engaged as a consultant or
contractor.
3.67 “Temporary work
location” means the place at or from which an employee temporarily performs
official duty if required to work away from headquarters.
3.68 “Trade Union” or
“Union” means a registered trade union, as defined in the Industrial
Relations Act 1996.
3.69 “Trade Union
Delegate” means an accredited Association delegate responsible for his/her
workplace; and/or a person who is elected by the Association as its
representative, an executive member or a member of the Association's Council.
3.70 “Trade Union
Official” means a person who is employed by the Association to carry out duties
of an official in a permanent or temporary capacity, including elected
full-time officials and/or employees placed on loan to the Association for an
agreed period of time.
3.71 “Workplace” means
the whole of the organisation or, as the case may be, a branch or section of
the organisation in which the employee is employed.
3.72 “Workplace
Management” means the Department Head or any other person authorised by the
Department Head to assume responsibility for the conduct and effective,
efficient and economical management of the functions and activities of the
organisation or part of the organisation.
4. Parties to the
Award
The parties to this award are:
Industrial Relations Secretary, and
Public Service Association and Professional Officers’
Association Amalgamated Union of New South Wales.
5. Conditions of
Employment
This award contains the current common conditions of
employment as negotiated by the Industrial Relations Secretary and the
Association.
6. Coverage
(a) The provisions of this award will,
subject to cl 6(b) below, apply to all non-executive public service employees
as defined in the Government Sector Employment Act 2013 employed in Departments, Public
Service executive agencies related to Departments, and separate Public Service
agencies, listed in Schedule 1 to the Government Sector Employment Act 2013.
(b) Where another industrial instrument or
arrangement applies to a group of employees covered by this Award the following
interaction rules apply:
(i) if the other industrial instrument or
arrangement expressly displaces the entirety of this Award then this Award will
have no application to those employees;
(ii) if the other industrial instrument or
arrangement expressly displaces one or more provisions of this Award then:
(a) this Award will not apply to those
employees covered by the other instrument or arrangement in relation to those
provisions,
(b) but the balance of this Award will apply
to those employees; and
(iii) If the other industrial instrument or arrangement
comprehensively determines conditions of employment for a group of employees
then this Award will have no application in relation to that group of
employees;
(iv) If the other industrial instrument or
arrangement comprehensively determines a particular class of conditions of
employment for a group of employees, then this Award will have no application
in relation to that group of employees in relation to that class of conditions;
(v) If none of subclauses 6(b)(i)-(iv) apply,
and the other industrial instrument or arrangement is silent as to its
interaction with this Award, then:
a. if the application of the other
industrial instrument or arrangement is inconsistent with the application of
this Award, the other industrial instrument or arrangement applies to the
extent of the inconsistency; otherwise
b. this Award applies.
(c) Any officer, Departmental temporary
employee and casual employee who, as at 23 February 2014, was employed in a
Department listed in Schedule 1, Part 1, of the Public Sector Employment and
Management Act 2002 and who was covered by this award on that date will continue
to be covered by this award.
NOTATION: This
clause was amended in 2014 and again in 2017 with the agreed intention of the
parties to maintain the status quo of industrial coverage, by award, other
industrial instrument or arrangement, following the commencement of the Government
Sector Employment Act 2013 on 24 February 2014.
7. Statement of Intent
This award aims to consolidate, in the one document,
all common conditions of employment of those employees employed in Departments,
Public
Service executive agencies related to Departments, and separate Public Service
agencies, listed in Schedule 1 to the Government
Sector Employment Act 2013,
except where another industrial instrument or arrangement applies to the
employees, as per Clause 6 above, to encourage the consultative
processes at the service-wide and the various organisational levels, to facilitate,
as appropriate, greater flexibility in the workplace and to help ensure that
the excess hours, accumulated as a result of Agency work requirements, are not
forfeited.
8. Work Environment
8.1 Work Health and
Safety - The parties to this award are committed to achieving and maintaining
accident-free and healthy workplaces in Government organisations covered by
this award by:
8.1.1 the development
of policies and guidelines for the New South Wales Public Service and, as and
when appropriate for individual organisations, on Work Health, Safety and
Rehabilitation;
8.1.2 assisting to
achieve the objectives of the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 by establishing agreed
Work Health and Safety consultative arrangements in Government organisations
and or/work premises; to identify and implement safe systems of work, safe work
practices, working environments and appropriate risk management strategies; and
to determine the level of responsibility within a Government organisation to
achieve these objectives;
8.1.3 identifying
training strategies for employees, as appropriate, to assist in the
recognition, elimination or control of workplace hazards and the prevention of
work related injury and illness;
8.1.4 developing
strategies to assist the rehabilitation of injured employees;
8.1.5 directly
involving the appropriate Department Head in the provisions of paragraphs 8.1.1
to 8.1.4 inclusive of this subclause.
8.2 Equality in
employment - The NSW Public Service is committed to the achievement of equality
in employment and the award has been drafted to reflect this commitment.
8.3 Harassment-free
Workplace - Harassment on the grounds of sex, race, marital status, physical or
mental disability, sexual preference, transgender, age or responsibilities as a
carer is unlawful in terms of the Anti-Discrimination Act 1977. Management and employees are
required to refrain from, or being party to, any form of harassment in the
workplace.
9. Grievance and
Dispute Settling Procedures
9.1 All grievances
and disputes relating to the provisions of this award will initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
Department or Agency, if required.
9.2 An employee 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.
9.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the employee to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Department Head or delegate.
9.4 The immediate
manager, or other appropriate employee, will 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.
9.5 If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This manager will respond within two (2) working days, or as soon as
practicable. The employee may pursue the sequence of reference to successive
levels of management until the matter is referred to the Department Head.
9.6 The Department
Head may refer the matter to the Secretary for consideration.
9.7 If the matter
remains unresolved, the Department Head will provide a written response to the
employee 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.
9.8 An employee, at
any stage, may request to be represented by the Association.
9.9 The employee or
the Association on their behalf or the Department Head may refer the matter to
the New South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
9.10 The employee,
Association, Department and Secretary will agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
9.11 Whilst the
procedures outlined in subclauses 9.1 to 9.10 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty will continue unless otherwise agreed between the parties, or, in
the case involving work health and safety, if practicable, normal work will
proceed in a manner which avoids any risk to the health and safety of any
employee or member of the public.
SECTION 2 -
ATTENDANCE/HOURS OF WORK
10. Local Arrangements
10.1 Local
arrangements may be negotiated between the Department Head and the Association
in respect of the whole Department or part of a Department in relation to any
matter contained in the award.
10.2 All local
arrangements negotiated between the Department Head and the Association must:
10.2.1 be approved by the
Secretary; and
10.2.2 be approved in
writing by the General Secretary of the Association; and
10.2.3 be contained in a
formal document, such as a co-lateral agreement, a memorandum of understanding,
an award, an enterprise agreement or other industrial instrument; and
10.2.4 include a clause
allowing either party to terminate the arrangement by giving 12 months’ notice.
10.3 Subject to the
provisions of subclause 10.2 of this clause, nothing in this clause will
prevent the negotiation of local arrangements between the Department Head and
the Association in respect of the provisions contained in clause 24, Flexible
Work Practices of this award, where the conditions of employment of any group
are such that the application of the standard flexitime provisions would not be
practicable. Where such local
arrangements do not include provisions in relation to core time, settlement
periods, contract hours, flex credit, flex debit, or flex leave, the relevant
provisions of clause 21, Flexible Working Hours of this award will apply.
10.4 Attendance and
the accrual of flexible working hours credit – An employee may only work
outside the hours of a standard day but within the bandwidth and accrue hours
toward a flexible working hours credit if the work is available to be
performed.
10.5 Where an employee
has accrued 8 weeks recreation leave, unless otherwise authorised by their
manager, flex leave can only be taken where recreation leave has been applied
for and approved. If, however,
recreation leave has been applied for and declined or not actioned by the
manager, access to flex leave is still available.
11. Working Hours
11.1 The working hours of employees and the
manner of their recording, will be as determined from time to time by the
Department Head in accordance with any direction of the Secretary. Such
direction will include the definition of full time contract hours as contained
in clause 3, Definitions of this award.
11.2 The employee in
charge of a division or branch of a Department will be responsible to the
Department Head for the proper observance of working hours of employees and for
the proper recording of such attendance.
11.3 The Department
Head may require an employee to perform duty beyond the hours determined under
subclause 11.1 of this clause but only if it is reasonable for the employee to
be required to do so. An employee may refuse to work additional hours in
circumstances where the working of such hours would result in the employee
working unreasonable hours. In determining what is unreasonable the following
factors will be taken into account:
11.3.1 the employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements,
11.3.2 any risk to the
employee’s health and safety,
11.3.3 the urgency of the
work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
11.3.4 the notice (if
any) given by the Department Head regarding the working of the additional
hours, and by the employee of their intention to refuse the working of
additional hours, or
11.3.5 any other relevant
matter.
11.4 The application
of hours of work is subject to the provisions of this clause.
11.5 The ordinary
hours may be standard or flexible and may be worked on a full time or part-time
basis.
11.6 The Department Head will ensure that all
employees employed in the Department are informed of the hours of duty required
to be worked and of their rights and responsibilities in respect of such hours
of duty.
12. Casual Employment
12.1 This clause will
only apply to those casual employees whose conditions of employment are not
otherwise included in another industrial instrument.
12.2 Hours of Work
12.2.1 A casual employee
is engaged and paid on an hourly basis.
12.2.2 A casual employee
will be engaged and paid for a minimum of 3 consecutive hours for each day
worked.
12.2.3 A casual employee
will not work more than 9 consecutive hours per day (exclusive of meal breaks)
without the payment of overtime for such time in excess of 9 hours, except
where longer periods are permitted under another award or local agreement under
clause 10 of this award, covering the particular class of work or are required
by the usual work pattern of the role.
12.3 Rate of Pay
12.3.1 A casual employee
will be paid the ordinary hourly rate of pay calculated by the following
formula for the hours worked per day:
Annual salary divided by 52.17857 divided by the
ordinary weekly hours of the classification.
12.3.2 A casual employee
will be paid a loading on the appropriate ordinary hourly rate of pay of:
15% for work performed on Mondays to Fridays
(inclusive)
50% for work performed on Saturdays
75% for work performed on Sundays
150% for work performed on public holidays.
12.3.3 A casual employee
will also receive a 1/12th loading in lieu of annual leave.
12.3.4 The loadings
specified in paragraph 12.3.2 of this subclause are in recognition of the
casual nature of the employment and compensate the employee for all leave,
other than annual leave and long service leave, and all incidence of
employment, except overtime.
12.4 Overtime
12.4.1 A casual employee
will be paid overtime for work performed:
(a) In excess of 9
consecutive hours (excluding meal breaks) except where longer periods are
permitted under another award or local agreement under clause 10 of this award,
covering the particular class of work or are required by the usual work pattern
of the role; or
(b) Outside the
bandwidth application to the particular class of work; or
(c) In excess of
the daily roster pattern applicable for the particular class of work; or
(d) In excess of
the standard weekly roster of hours for the particular class of work; or
(e) In accordance
with a local arrangement negotiated under clause 10 of this award.
12.4.2 Overtime rates
will be paid in accordance with the rates set in clause 90, Overtime Worked by
Day Workers of this award.
12.4.3 Overtime payments
for casual employees are based on the ordinary hourly rate plus the 15% loading
set out in paragraph 12.3.2 of this clause.
12.4.4 The loading in
lieu of annual leave as set out in paragraph 12.3.3 of this clause is not
included in the hourly rate for the calculation of overtime payments for casual
employees.
12.5 Leave
12.5.1 Other than as
described under subclauses 12.5, 12.6 and 12.7 of this clause, casual employees
are not entitled to any other paid or unpaid leave.
12.5.2 As set out in
paragraph 12.3.3 of this clause, casual employees will be paid 1/12th in lieu
of annual leave.
12.5.3 Casual employees
will be entitled to Long Service Leave in accordance with the provisions of the
Long Service Leave Act 1955.
12.5.4 Casual employees
are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1,
section 54, Entitlement to Unpaid Parental Leave, of the Industrial
Relations Act 1996. The
following provisions will also apply in addition to those set out in the Industrial
Relations Act 1996.
(a) The Department
Head must not fail to re-engage a regular casual employee (see section 53(2) of
the Industrial Relations Act 1996)
because:
(i) the employee or
employee's spouse is pregnant; or
(ii) 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.
12.6 Personal Carers
entitlement for casual employees
12.6.1 Casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a family member described in paragraph 81.4.2 of clause 81, Sick
Leave to Care for a Family Member, of this award who is sick and requires care
and support, or who requires care due to an unexpected emergency, or the birth
of a child. This entitlement is subject to the evidentiary requirements set out
in paragraph 12.6.4, and the notice requirements set out in paragraph 12.6.5 of
this clause.
12.6.2 The Department
Head and the casual employee will agree on the period for which the employee
will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
12.6.3 A Department Head
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
12.6.4 The casual
employee will, if required,
(a) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(b) establish by
production of documentation acceptable to the Department Head or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, a casual employee must not
take carer's leave under this subclause where another person had taken leave to
care for the same person.
12.6.5 The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the supervisor of their
inability to attend for duty. If it is not reasonably practicable to inform the
supervisor during the ordinary hours of the first day or shift of such absence,
the employee will inform the supervisor within 24 hours of the absence.
12.7 Bereavement
entitlements for casual employees
12.7.1 Casual employees
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a family member on production of satisfactory evidence
(if required by the employer).
12.7.2 The Department
Head and the casual employee will agree on the period for which the employee
will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
12.7.3 A Department Head
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.
12.7.4 The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the supervisor of their
inability to attend for duty. If it is not reasonably practicable to inform the
supervisor during the ordinary hours of the first day or shift of such absence,
the employee will inform the supervisor within 24 hours of the absence.
12.8 Application of
other clauses of this Award to casual employees
12.8.1 The following
clauses of this award do not apply to casual employees:
11
|
Working Hours
|
16
|
Variation of Hours
|
17
|
Natural Emergencies and Major Transport Disruptions
|
19
|
Public Holidays
|
20
|
Standard Working Hours
|
21-24
|
relating to Flexible Working arrangements
|
27
|
Excess Travelling Time
|
28
|
Waiting Time
|
43
|
Room at Home Used as Office
|
44
|
Semi-Official Telephones
|
53-59
|
relating to Trade Union activities
|
63
|
Travelling and other costs of Trade Union Delegates
|
67
|
Leave - General Provisions
|
69-84
|
relating to the various Leave provisions
|
86
|
Study Assistance
|
87
|
Shift Work
|
88-89
|
relating to Overtime
|
91-92
|
relating to Recall to Duty, On-Call and Stand-by
Arrangements
|
96
|
Payment for Overtime or Leave in Lieu
|
97
|
Compensation for Additional Hours Worked by Duty Officer,
State Emergency Services.
|
13. Part-Time
Employment
13.1 General
13.1.1 This clause will
only apply to part-time employees whose conditions of employment are not otherwise
provided for in another industrial instrument.
13.1.2 Part-time work may
be undertaken with the agreement of the relevant Department Head. Part-time
work may be undertaken in a part-time role or under a part-time arrangement.
13.1.3 A part-time
employee is to work contract hours less than full-time hours.
13.1.4 Unless otherwise
specified in the award, part-time employees receive full time entitlements on a
pro rata basis calculated according to the number of hours an employee works in
a part-time role or under a part-time arrangement. Entitlements to paid leave
will accrue on the equivalent hourly basis.
13.1.5 Before commencing
part-time work, the Department Head and the employee must agree upon:
(a) the hours to be
worked by the employee, the days upon which they will be worked, commencing and
ceasing times for the work, and whether hours may be rostered flexibly;
(b) whether
flexible working hours provisions or standard hours provisions will apply to
the part-time employee; and
(c) the classification
applying to the work to be performed;
13.1.6 The terms of the
agreement must be in writing and may only be varied with the consent of both
parties.
13.1.7 Incremental
progression for part-time employees is the same as for full-time employees,
that is, part-time employees receive an increment annually.
13.2 Additional hours
13.2.1 An employer may
request, but not require, a part-time employee to work additional hours. For
the time worked in excess of the employee’s usual hours and up to the normal
full-time hours for the classification, part-time employees may elect to:
(a) be paid for
additional hours at their hourly rate plus a loading of 4/48ths in lieu of
recreation leave; or
(b) if working
under a Flexible Working Hours scheme under clause 21 of this award, or a Local
Agreement made in accordance with clause 10 of this award, have the time worked
credited as flex time.
13.2.2 For time worked in
excess of the full-time hours of the classification, or outside the bandwidth
payment will be made at the appropriate overtime rate in accordance with clause
95, Rate of Payment for Overtime, of this award.
14. Morning and
Afternoon Breaks
Employees may take a 10 minute morning break, provided
that the discharge of public business is not affected and, where practicable,
they do so out of the view of the public contact areas. Employees, other than
the 38 hour week workers, may also take a 10 minute afternoon break, subject to
the same conditions as apply to the morning break.
15. Meal Breaks
15.1 Meal breaks must
be given to and taken by employees. No employee will be required to work
continuously for more than 5 hours without a meal break, provided that: -
15.1.1 where the
prescribed break is more than 30 minutes, the break may be reduced to not less
than 30 minutes if the employee agrees. If the employee requests to reduce the
break to not less than 30 minutes, the reduction must be operationally
convenient; and
15.1.2 where the nature
of the work of an employee or a group of employees is such that it is not
possible for a meal break to be taken after not more than 5 hours, local
arrangements may be negotiated between the Department Head and the Association
to provide for payment of a penalty.
15A. Lactation Breaks
15A.1 This clause
applies to employees who are lactating mothers.
A lactation break is provided for breastfeeding, expressing milk or
other activity necessary to the act of breastfeeding or expressing milk and is
in addition to any other rest period and meal break as provided for in this
award.
15A.2 A full-time
employee or a part-time employee working more than 4 hours per day is entitled
to a maximum of two paid lactation breaks of up to 30 minutes each per day.
15A.3 A part-time
employee working 4 hours or less on any one day is entitled to only one paid
lactation break of up to 30 minutes on any day so worked.
15A.4 A flexible
approach to lactation breaks can be taken by mutual agreement between an
employee and their manager provided the total lactation break time entitlement
is not exceeded. When giving
consideration to any such requests for flexibility, a manager needs to balance
the operational requirements of the organisation with the lactating needs of
the employee.
15A.5 The Department
Head will provide access to a suitable, private space with comfortable seating
for the purpose of breastfeeding or expressing milk.
15A.6 Other suitable
facilities, such as refrigeration and a sink, will be provided where
practicable. Where it is not practicable
to provide these facilities, discussions between the manager and employee will
take place to attempt to identify reasonable alternative arrangements for the
employee's lactation needs.
15A.7 Employees
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association's Breastfeeding Helpline Service or the
Public Health System.
15A.8 Employees needing
to leave the workplace during time normally required for duty to seek support
or treatment in relation to breastfeeding and the transition to the workplace
may utilise sick leave in accordance with clause 79, Sick Leave, of this award,
or access to the flexible working hours scheme provided in clause 21, Flexible
Working Hours, of this award, where applicable.
16. Variation of Hours
16.1 If the Department
Head is satisfied that an employee is unable to comply with the general hours
operating in the Department because of limited transport facilities, urgent
personal reasons, community or family reasons, the Department Head may vary the
employee's hours of attendance on a one off, short or long-term basis, subject
to the following:
16.1.1 the variation does
not adversely affect the operational requirements;
16.1.2 there is no
reduction in the total number of daily hours to be worked;
16.1.3 the variation is
not more than an hour from the commencement or finish of the span of usual
commencing and finishing time;
16.1.4 a lunch break of
one hour is available to the employee, unless the employee elects to reduce the
break to not less than 30 minutes;
16.1.5 no overtime or
meal allowance payments are made to the employee, as a result of an agreement
to vary the hours;
16.1.6 ongoing
arrangements are documented; and
16.1.7 the Association is
consulted, as appropriate, on any implications of the proposed variation of
hours for the work area.
17. Natural
Emergencies and Major Transport Disruptions
17.1 An employee
prevented from attending work at a normal work location by a natural emergency
or by a major transport disruption may:
17.1.1 apply to vary the
working hours as provided in clause 16, Variation of Hours of this award;
and/or
17.1.2 negotiate an
alternative working location with the Department; and/or
17.1.3 take available
family and community service leave and/or flex leave, recreation or extended
leave or leave without pay to cover the period concerned.
18. Notification of
Absence from Duty
18.1 If an employee is
to be absent from duty, other than on authorised leave, the employee must
notify the supervisor, or must arrange for the supervisor to be notified, as
soon as possible, of the reason for the absence.
18.2 If an employee is
absent from duty without authorised leave and does not provide an explanation
of the absence to the satisfaction of the appropriate Department Head, the
amount representing the period of absence will be deducted from the employee's
pay.
19. Public Holidays
19.1 Unless directed
to attend for duty by the Department Head, an employee is entitled to be absent
from duty without loss of pay on any day which is:
19.1.1 a public holiday
throughout the State; or
19.1.2 a local holiday in
that part of the State at or from which the employee performs duty; or
19.1.3 a day between
Boxing Day and New Year's Day determined by the appropriate Department Head as
a public service holiday.
19.2 An employee
required by the Department Head to work on a local holiday may be granted time
off in lieu on an hour for hour basis for the time worked on a local holiday.
19.3 If a local
holiday falls during an employee's absence on leave, the employee is not to be
credited with the holiday.
20. Standard Working
Hours
20.1 Standard hours
are set and regular with an hour for lunch and, if worked by the employee under
a flexible working hours scheme, would equal the contract hours required to be
worked under the scheme. Standard hours could be full time or part-time.
20.2 Urgent Personal
Business - Where an employee needs to undertake urgent personal business,
appropriate leave or time off may be granted by the Department Head. Where time
off has been granted, such time will be made up as set out in subclause 20.4 of
this clause.
20.3 Late Attendance -
If an employee is late for work, the employee must either take appropriate
leave or, if the Department Head approves, make the time up in accordance with
subclause 20.4 of this clause.
20.4 Making up of Time
- The time taken off in circumstances outlined in subclauses 20.2 and 20.3 of
this clause must be made up at the earliest opportunity. The time may be made
up on the same day or on a day or days agreed to between the employee and the
Department Head.
21. Flexible Working
Hours
21.1 The parties to
this award are committed to fostering flexible work practices with the
intention of providing greater flexibility in dealing with workloads, work
deadlines and the balance between work and family life. All parties are
committed to managing time worked to prevent any forfeiture of credit hours
accumulated under a Flexible Working Hours arrangement.
21.2 Unless local
arrangements have been negotiated as provided in clause 10, Local Arrangements,
of this award, and consistent with subclause 21.1 of this clause, a flexible
working hours scheme in terms of this subclause may operate in a Department or
a section of a Department, subject to operational requirements, as determined
by the Department Head.
21.3 Where the
operational requirements allow, the working of flexible hours under a flexible
working hours scheme operating in a Department, will be extended to an employee
working under a part time work arrangement. Except for provisions contained in
subclauses 21.11, 21.13 and 21.16 of this clause, all other provisions under
this subclause will be applied pro rata to an employee working under a part
time work arrangement.
21.4 Exclusions -
Flexible working hours will not apply to employees who work:
21.4.1 a 38 hour week and
are entitled to a rostered day off in a regular cycle; or
21.4.2 permanent standard
hours; or
21.4.3 according to a
shift roster.
21.5 Attendance – An
employee's attendance outside the hours of a standard day but within the bandwidth
will be subject to the availability of work.
21.6 Bandwidth - The
bandwidth will be between the hours of 7.30 a.m. and 6.00 p.m., unless a
different time span has been negotiated under a local arrangement in terms of
clause 10, Local Arrangements of this award.
21.7 Coretime - The
coretime will be between the hours of 9.30 a.m. and 3.30 p.m., excluding the
lunch break, unless other arrangements have been negotiated under a local
arrangement in terms of clause 10, Local Arrangements of this award.
21.8 Lunch break - The
standard lunch period will be 1 hour. With the approval of the supervisor, the
lunch period may be extended by the employee up to 2 and 1/2 hours or reduced
to not less than 30 minutes within the span of hours determined by the Department
Head. Where a local arrangement has been negotiated in terms of clause 10,
Local Arrangements, of this award, the lunch break will be taken in accordance
with such local arrangement.
21.9 Settlement period
- Unless a local arrangement has been negotiated in terms of clause 10, Local
Arrangements, of this award, the settlement period will be four weeks.
21.9.1 For time recording
purposes the settlement period and flex leave must coincide.
21.9.2 Where exceptional
circumstances apply, e.g. prolonged transport strikes, adverse weather
conditions and the like, the Department Head may extend the affected settlement
period by a further 4 weeks.
21.10 Contract hours -
The contract hours for a settlement period will be calculated by multiplying
the employee's weekly contract hours by the number of weeks in a settlement
period.
21.11 Flexible working
hours credit – an employee may carry a maximum of 10 hours credit into the next
settlement period. Local arrangements in terms of clause 10, Local Arrangements,
of this award may be negotiated in respect of the carry over of additional
flexible hours credit than permitted in this clause, the length of the
settlement period and the banking of any accumulated credit hours for time
worked.
21.12 Weekly hours worked
during the settlement period are to be monitored by the employee and their
supervisor. If it appears that the employee may exceed an accumulated work time
of 150 hours in a settlement period; or if the total hours of work in a
settlement period with the credit hour carry over from the previous settlement
period may exceed 150 hours, the supervisor and employee will develop a
strategy to ensure that the employee does not forfeit any of the credit hours
accumulated, or likely to be accumulated.
21.13 Flexible Working
Hours Debit - The following provisions will apply to the carry over of flexible
working hours debits, unless a local arrangement has been negotiated in terms
of clause 10, Local Arrangements, of this award:
21.13.1 a debit
of up to 10 hours at the end of a settlement period may be carried over into
the next period;
21.13.2 where
the debit exceeds 10 hours, the excess will be debited as leave without pay,
unless the employee elects to be granted available recreation or extended leave
to offset the excess.
21.13.3 any
debit of hours outstanding on an employee's last day of duty is to be deducted
from any unpaid salary or the monetary value of accrued recreation/extended
leave. If applicable, the debit of hours may be transferred to the next NSW
public sector organisation.
21.14 Cessation of duty
– An employee may receive payment for a flex day accrued and remaining untaken
on the last day of service:
21.14.1 where
the employee's services terminate without a period of notice for reasons other
than misconduct; or
21.14.2 where an
application for flex leave which would have eliminated the accumulated day or
days was made during the period of notice of retirement or resignation and was
refused or could not be granted; or
21.14.3 in such
other circumstances as have been negotiated between the Department Head and the
Association under a local arrangement in terms of clause 10, Local Arrangements,
of this award.
21.14.4 Prior
to an employee’s last day of service the employee and supervisor will ensure
that the employee does not forfeit any credit hours accumulated. Strategies to
reduce accumulated credit hours may include those outlined in paragraph 21.16.2
of this subclause.
21.15 Where an employee
ceases duty in the Department in order to take up employment in another public
service or government sector organisation, the same provisions as apply to
recreation leave under the Government
Sector Employment Regulation 2014 will apply to the accrued but
untaken or not forfeited flex leave.
21.16 Flex leave -
Subject to operational requirements:
21.16.1 An
employee may take off one full day or two half days in a settlement period of 4
weeks.
21.16.2 Where
it appears an employee may exceed a 10 hour credit, as per subclause 21.12 of
this clause strategies to reduce this credit may include the granting of
additional full days, consecutive days, half days, or any combination of days
and half days.
21.16.3 Flex
leave may be taken on consecutive working days.
21.16.4 Absences
on flex leave may be combined with other periods of authorised leave.
21.16.5 Local
arrangements in respect of the taking of flex leave may be negotiated in terms
of clause 10, Local Arrangements of this award.
21.17 Absence during
coretime - Where an employee needs to take a short period of authorised leave
within coretime, other than flex leave, the quantum of leave to be granted will
be determined according to the provisions contained in clause 68, Absence from
Work, of this award.
21.18 Standard hours -
Notwithstanding the provisions of this clause, the Department Head may direct
the employee to work standard hours and not flexible hours:
21.18.1 where
the Department Head decides that the working of flexible hours by an employee
or employees does not suit the operational requirements of the Department or
section of the Department, the Association will be consulted, where
appropriate; or
21.18.2 as
remedial action in respect of an employee who has been found to have
deliberately and persistently breached the flexible working hours scheme.
21.19 Easter concession
- Employees who work under a flexible working hours scheme may be granted,
subject to the convenience of the Department, an additional half day's flex
leave on the Thursday preceding the Good Friday public holiday or, if directed
to work, an additional half day’s flex leave on another day within that
settlement period.
22. Rostered Days Off
for 38 Hour Week Workers
22.1 The provisions of
this clause apply only to those employees who work a 38 hour week and are
entitled to a rostered day off in a regular cycle.
22.2 Time for a
rostered day off accrues at 0.4 of an hour each 8 hour day.
22.2.1 Except
as provided in paragraph 22.2.2 of this subclause, all paid ordinary working
time and paid leave count towards accrual of time for the rostered day off.
22.2.2 Limit
- When a long period of approved leave is taken, accrual towards a rostered day
off applies only in respect of the 4 weeks’ period during which the employee
resumes duty.
22.2.3 Exception
- Notwithstanding the provisions of paragraph 22.2.2 of this subclause, where
more generous provisions apply to the accrual of rostered days off, such
provisions will continue to apply until renegotiated.
22.3 In the event of
unforeseen circumstances or the Department's operational requirements, the
rostered day off may be deferred and taken at a later more suitable time.
22.4 Where seasonal or
school vacation considerations affect Departmental operations, rostered days
off may be accrued and taken during a less active period.
22.5 A rostered day
off is not to be re-credited if the employee is ill or incapacitated on a
rostered day off.
22.6 Payment of above
level allowances is not to be made to another employee for undertaking some or
all of the duties of the employee who is absent on a rostered day off.
23. Non-Compliance
In the event of any persistent failure by an employee
to comply with the hours of duty required to be worked, the Department Head
will investigate such non-compliance as soon as it comes to the Department
Head’s notice and will take appropriate remedial action according to the
provisions under clause 13 of the Government
Sector Employment Regulation 2014.
24. Flexible Work
Practices
24.1 Nothing in this
award will affect the hours of duty of an employee who is covered by a written
flexible working hours agreement negotiated under the Flexible Work Practices,
Policy and Guidelines.
24.2 Flexible working
hours agreements negotiated in terms of the NSW Government Flexible Work
Practices, Policy and Guidelines after 28 October 1997 will be subject to the
conditions specified in this award and in consultation with the Association.
25. Existing Hours of
Work Determinations
Any existing Determinations, pursuant to section 130
(1) of the Public Sector Employment and Management Act 2002 on local arrangements in respect
of the hours of work which operated in a Department or part of a Department as
at the effective date of this award, will be taken to be a determination under
section 52 of the Act and will continue to apply until renegotiated.
SECTION 3 - TRAVEL
ARRANGEMENTS
26. Travelling
Compensation
26.1 Any authorised
official travel and associated expenses, properly and reasonably incurred by an
employee required to perform duty at a location other than their normal
headquarters will be met by the Department.
26.2 The Department
Head will require employees to obtain an authorisation for all official travel
prior to incurring any travel expense.
26.3 Where available
at a particular centre or location, the overnight accommodation to be occupied
by employees who travel on official business will be the middle of the range
standard, referred to generally as three star or three diamond standard of
accommodation.
26.4 Where payment of
a proportionate amount of an allowance applies in terms of this clause, the
amount payable will be the appropriate proportion of the daily rate. Any
fraction of an hour will be rounded off to the nearest half-hour.
26.5 The Department
will elect whether to pay the accommodation directly or whether an employee
should pay the accommodation and be compensated in accordance with this
clause. Where practicable, employees
will obtain prior approval when making their own arrangements for overnight
accommodation.
26.6 Subject to
subclause 26.14 of this clause, an employee who is required by the Department
Head to work from a temporary work location will be compensated for
accommodation, meal and incidental expenses properly and reasonably incurred
during the time actually spent away from the employee's residence in order to
perform the work.
26.7 If meals are
provided by the Government at the temporary work location, the employee will
not be entitled to claim the meal allowance.
26.8 For the first 35
days, the payment will be:
26.8.1 where the
Department elects to pay the accommodation provider the employee will receive:
(a) the appropriate
meal allowance in accordance with Item 1 of Table 1 - Allowances of Part B,
Monetary Rates, and
(b) incidentals as
set out in Item 3 of Table 1 - Allowances of Part B, Monetary Rates, and
(c) actual meal
expenses properly and reasonably incurred (excluding morning and afternoon
teas) for any residual part day travel;
26.8.2 where the
Department elects not to pay the accommodation provider the employee will elect
to receive either:
(a) the appropriate
rate of allowance specified in Item 2 of Table 1 - Allowances of Part B
Monetary Rates, and actual meal expenses properly and reasonably incurred
(excluding morning and afternoon teas) for any residual part day travel; OR
(b) in lieu of
subparagraph (a) of this paragraph, payment of the actual expenses properly and
reasonably incurred for the whole trip on official business (excluding morning
and afternoon teas) together with an incidental expenses allowance set out in
Item 2 of Table 1 - Allowances of Part B, Monetary Rates.
26.9 Payment of the
appropriate allowance for an absence of less than 24 hours may be made only
where the employee satisfies the Department Head that, despite the period of
absence being of less than 24 hours duration, expenditure for accommodation and
three meals has been incurred.
26.10 Where an employee
is unable to so satisfy the Department Head, the allowance payable for part
days of travel will be limited to the expenses incurred during such part day
travel.
26.11 After the first 35
days - If an employee is required by the Department Head to work in the same
temporary work location for more than 35 days, the employee will be paid the
appropriate rate of allowance as specified in Item 2 of Table 1 - Allowances of
Part B, Monetary Rates.
26.12 Long term
arrangements - As an alternative to the provisions after the first 35 days set
out in subclause 26.11 of this clause, Departments could make alternative arrangements
for meeting the additional living expenses, properly and reasonably incurred by
an employee working from a temporary work location.
26.13 The return of an
employee to their home at weekends, on rostered days off or during short
periods of leave while working from a temporary work location will not
constitute a break in the temporary work arrangement.
26.14 This clause does
not apply to employees who are on an employee-initiated secondment in
accordance with section 64, 65 and 66 of the Act.
27. Excess Travelling
Time
27.1 Excess Travelling
Time – An employee directed by the Department Head to travel on official
business outside the usual hours of duty to perform duty at a location other
than normal headquarters will, at the Department Head’s discretion, be
compensated for such time either by:
27.1.1 payment calculated
in accordance with the provisions contained in this clause; or
27.1.2 if it is
operationally convenient, by taking equivalent time off in lieu to be granted
for excess time spent in travelling on official business. Such time in lieu must be taken within 1
month of accrual unless otherwise authorised by the employee’s manager.
27.2 Compensation
under paragraphs 27.1.1 and 27.1.2 of this clause will be subject to the following
conditions:
27.2.1 on a non-working
day - subject to the provisions of paragraphs 27.3.4, 27.3.5, 27.3.6 and 27.3.7
of this clause, all time spent travelling on official business;
27.2.2 on a working day -
subject to the provisions of subclause 27.3 of this clause, all time spent
travelling on official business outside the usual hours of duty, provided the
period for which compensation is being sought is more than a half an hour on
any one day.
27.3 Compensation for
excess travelling time will exclude the following:
27.3.1 time normally
taken for the periodic journey from home to headquarters and return;
27.3.2 any periods of
excess travel of less than 30 minutes on any one day;
27.3.3 travel to new
headquarters upon transfer, if special leave has been granted for the day or
days on which travel is to be undertaken;
27.3.4 time from 11.00
p.m. on one day to 7.30 a.m. on the following day if sleeping facilities have
been provided.
27.3.5 travel not
undertaken by the most practical available route and by the most practical and
economic means of transport;
27.3.6 working on board
ship where meals and accommodation are provided;
27.3.7 Any travel
undertaken by an employee whose salary includes an all incidents of employment
component;
27.3.8 time within the
flex time bandwidth;
27.3.9 travel overseas.
27.4 Payment - Payment for travelling time
calculated in terms of this clause will be at the employee’s ordinary hourly
rate of pay calculated as follows:
Annual salary
|
x
|
5
|
x
|
1
|
1
|
|
260.89
|
|
Normal hours of
work
|
27.5 The rate of
payment for travel or waiting time on a non-working day will be the same as
that applying to a working day.
27.6 Employees whose
salary is in excess of the maximum rate for Clerk, Grade 5 will be paid
travelling time or waiting time calculated at the maximum rate for Clerk, Grade
5 plus $1.00 per annum, as adjusted from time to time.
27.7 Time off in lieu
or payment for excess travelling time or waiting time will not granted or made
for more than eight hours in any period of 24 consecutive hours.
28. Waiting Time
When an employee travelling on official business is
required to wait for transport in order to commence a journey to another
location or to return home or headquarters and such time is outside the normal
hours of duty, the waiting time will be treated and compensated for in the same
manner as excess travelling time pursuant to clause 27, Excess Travelling Time
of this Award
29. Meal Expenses on
One-Day Journeys
29.1 An employee who
is authorised by the Department Head to undertake a one-day journey on official
business which does not require the employee to obtain overnight accommodation,
will be paid the appropriate rate of allowance set out in Item 1 - Allowances
of Table 1 of Part B, Monetary Rates for: -
29.1.1 breakfast when
required to commence travel at or before 6.00 a.m. and at least 1 hour before
the prescribed starting time;
29.1.2 an evening meal
when required to travel until or beyond 6.30 p.m.; and
29.1.3 lunch when
required to travel a total distance on the day of at least 100 kilometres and,
as a result, is located at a distance of at least 50 kilometres from the
employee’s normal headquarters at the time of taking the normal lunch break.
30. Restrictions on
Payment of Travelling Allowances
30.1 An allowance
under clause 26, Travelling Compensation, of this award is not payable in
respect of:
30.1.1 any period during
which the employee returns to their residence at weekends or public holidays,
commencing with the time of arrival at that residence and ending at the time of
departure from the residence;
30.1.2 any period of
leave, except with the approval of the Department Head or as otherwise provided
by this clause; or
30.1.3 any other period
during which the employee is absent from the employee's temporary work location
otherwise than on official duty.
30.2 An employee who
is in receipt of an allowance under clause 26, Travelling Compensation, will be
entitled to the allowance in the following circumstances:
30.2.1 when granted
special leave to return to their residence at a weekend, for the necessary
period of travel for the journey from the temporary work location to the
employee's residence; and for the return journey from the employee's residence
to the temporary work location, or
30.2.2 when leaving a
temporary work location on ceasing to perform duty at or from a temporary work
location, for the necessary period of travel to return to the employee's
residence or to take up duty at another temporary work location;
but is not entitled to any other allowance in respect
of the same period.
31. Increase or
Reduction in Payment of Travelling Allowances
31.1 Where the
Department Head is satisfied that a travelling allowance is:
31.1.1 insufficient to
adequately reimburse the employee for expenses properly and reasonably
incurred, a further amount may be paid to reimburse the employee for the
additional expenses incurred; or
31.1.2 in excess of the
amount which would adequately reimburse the employee for expenses properly and
reasonably incurred, the allowance may be reduced to an amount which would
reimburse the employee for expenses incurred properly and reasonably.
32. Production of
Receipts
Payment of any actual expenses will be subject to the
production of receipts, unless the Department Head is prepared to accept other
evidence from the employee.
33. Travelling
Distance
The need to obtain overnight accommodation will be
determined by the Department Head having regard to the safety of the employee
or employees travelling on official business and local conditions applicable in
the area. Where employees are required to attend conferences or seminars which
involve evening sessions or employees are required to make an early start at
work in a location away from their normal workplace, overnight accommodation
will be appropriately granted by the Department Head.
SECTION 4 -
ALLOWANCES AND OTHER MATTERS
34. Camping Allowances
34.1 Except as
provided in an Award, Agreement or Determination, payment of the camping
allowance applies to an employee who is: -
34.1.1 in receipt of a
camping equipment allowance under clause 38, Camping Equipment Allowance, of
this award; or
34.1.2 provided with
camping equipment by the Department; or
34.1.3 reimbursed by the
Department for the cost of hiring camping equipment.
34.2 When required to
camp in connection with the performance of official duties, an employee will be
paid an allowance for the expenses incurred in camping as follows:
34.2.1 the daily rate
specified in Item 4 of Table 1 of Part B, Monetary Rates for all expenses; and
34.2.2 where required to
camp for more than 40 nights in any calendar year - that daily rate plus the
additional rate for that year as specified in Item 4 of Table 1 - Allowances of
Part B, Monetary Rates.
34.3 Where the
Department Head is satisfied that it was not reasonable in the circumstances
for the employee to camp, an employee who is entitled to a camping allowance
will be paid a travelling allowance under clause 26, Travelling Compensation of
this award, instead of the camping allowance.
34.4 An employee who
is paid a remote areas allowance under clause 39, Allowance for Living in a
Remote Area, of this award is entitled to continue to receive that allowance
while receiving a camping allowance.
35. Composite
Allowance
35.1 An employee
employed in one of the classifications of Rangelands Management Officers, Field
Supervisors or Field Service Managers, and who:
35.1.1 is required to
perform official duty in the field; and
35.1.2 on some occasions,
is required to camp and on other occasions resides in accommodation for which
an allowance is payable under clause 26, Travelling Compensation, of this award
may elect to be paid an all inclusive allowance for
accommodation, meals and incidental expenses incurred as a result of being
required to work in the field.
35.2 The rate of the
allowance under this clause will be the daily rate for all expenses as shown in
Item 5 of Table 1 - Allowances of Part B, Monetary Rates.
35.3 To be paid the
composite allowance under this clause, the employee must submit to the
Department Head an election each 12 months. If the election is not made by the
employee or not approved by the Department Head, travelling or camping
allowances under clauses 26 or 34 of this award, whichever is appropriate, will
apply.
35.4 An election under
subclause 35.3 of this clause is revocable 12 months after it is made, unless
the employee changes classification.
35.5 An employee who
elects to receive the composite allowance is entitled to payment of the
allowance, regardless of whether they are required to camp, or are residing
temporarily in hotels, motels or other fixed establishments in order to perform
official duties in the field (except as provided in subclause 35.6).
35.6 On occasions when
an employee receiving a composite allowance is provided with accommodation by
the Government, the allowance ceases. The incidental expenses allowances and
reimbursement for any meal expenses properly and reasonably incurred and not
provided by the Government are to be paid in accordance with clause 26,
Travelling Compensation, of this award.
35.7 The amount of
composite allowance payable per hour for a portion of a day is in all cases
1/24th of the appropriate daily rate. When the time taken is a fraction of an
hour, periods of less than a half hour are disregarded while periods between a
half hour and 1 hour are counted as 1 hour (that is, the time is rounded to the
nearest hour).
35.8 An employee who
receives a composite allowance is entitled to the camping equipment allowance
if the Department head certifies that it is necessary for the employee to
provide camping equipment at personal expense
36. Allowance Payable
for Use of Private Motor Vehicle
36.1 The Department
Head may authorise an employee to use a private motor vehicle for work where:
36.1.1 such use will
result in greater efficiency or involve the Department in less expense than if
travel were undertaken by other means; or
36.1.2 where the employee
is unable to use other means of transport due to a disability.
36.2 An employee who,
with the approval of the Department Head, uses a private motor vehicle for work
will be paid an appropriate rate of allowance specified in Item 6 of Table 1 of
Part B, Monetary Rates for the use of such private motor vehicle. A deduction from the allowance payable is to
be made for travel as described in subclause 36.4 of this clause.
36.3 Different levels
of allowance are payable for the use of a private motor vehicle for work
depending on the circumstances and the purpose for which the vehicle is used.
36.3.1 The casual rate is
payable if an employee elects, with the approval of the Department Head, to use
their vehicle for occasional travel for work.
This is subject to the allowance paid for the travel not exceeding the
cost of travel by public or other available transport.
36.3.2 The official
business rate is payable if an employee is directed, and agrees, to use the
vehicle for official business and there is no other transport available. It is also payable where the employee is
unable to use other transport due to a disability. The official business rate includes a
component to compensate an employee for owning and maintaining the vehicle.
36.4 Deduction from
allowance
36.4.1 Except as
otherwise specified in this award, an employee will bear the cost of ordinary
daily travel by private motor vehicle between the employee's residence and
headquarters and for any distance travelled in a private capacity. A deduction
will be made from any motor vehicle allowance paid, in respect of such travel.
36.4.2 In this subclause
"headquarters" means the administrative headquarters to which the
employee is attached or from which the employee is required to operate on a
long term basis or the designated headquarters per paragraph 36.4.3 of this
subclause.
36.4.3 Designated
headquarters
(a) Where the
administrative headquarters of the employee to which they are attached is not
within the typical work area in which the employee is required to use the
private vehicle on official business, the distance to and from a point
designated within the typical work area is to be adopted as the distance to and
from the headquarters for the purpose of calculating the daily deduction.
(b) An employee's
residence may be designated as their headquarters provided that such
recognition does not result in a further amount of allowance being incurred
than would otherwise be the case.
36.4.4 On days when an
employee uses a private vehicle for official business and travels to and from
home, whether or not the employee during that day visits headquarters, a
deduction is to be made from the total distance travelled on the day. The deduction is to equal the distance from
the employee's residence to their headquarters and return or 20 kilometres
(whichever is the lesser) and any distance that is travelled in a private
capacity.
36.4.5 Where a
headquarters has been designated per paragraph 36.4.3 of this subclause and the
employee is required to attend the administrative headquarters, the distance
for calculating the daily deduction is to be the actual distance to and from
the administrative headquarters, or, to and from the designated headquarters,
whichever is the lesser.
36.4.6 Deductions are not
to be applied in respect of days characterised as follows:
(a) When staying
away from home overnight, including the day of return from any itinerary.
(b) When the
employee uses the vehicle on official business and returns it to home prior to
travelling to the headquarters by other means of transport at their own
expense.
(c) When the
employee uses the vehicle for official business after normal working hours.
(d) When the
monthly claim voucher shows official use of the vehicle has occurred on one day
only in any week. Exemption from the deduction under this subparagraph is
exclusive of, and not in addition to, days referred to in subparagraphs (a),
(b) and (c) of this paragraph.
(e) When the
employee buys a weekly or other periodical rail or bus ticket, provided the
Department is satisfied that:
(i) at the time of
purchasing the periodical ticket the employee did not envisage the use of their
private motor vehicle on approved official business;
(ii) the periodical
ticket was in fact purchased; and
(iii) in regard to
train travellers, no allowance is to be paid in respect of distance between the
employee’s home and the railway station or other intermediate transport
stopping place.
36.5 The employee must
have in force, in respect of a motor vehicle used for work, in addition to any
policy required to be effected or maintained under the Motor Vehicles (Third
Party Insurance) Act 1942,
a comprehensive motor vehicle insurance policy to an amount and in a form
approved by the Department head.
36.6 Expenses such as
tolls etc. will be refunded to employees where the charge was incurred during
approved work related travel.
36.7 Where an employee
tows a trailer or horse-float during travel resulting from approved work
activities while using a private vehicle, the employee will be entitled to an
additional allowance as prescribed in Item 6 of Table 1 - Allowances of Part B,
Monetary Rates.
37. Damage to Private
Motor Vehicle Used for Work
37.1 Where a private
vehicle is damaged while being used for work, any normal excess insurance
charges prescribed by the insurer will be reimbursed by the Department,
provided:
37.1.1 the damage is not
due to gross negligence by the employee; and
37.1.2 the charges
claimed by the employee are not the charges prescribed by the insurer as
punitive excess charges.
37.2 Provided the
damage is not the fault of the employee, the Department will reimburse to an
employee the costs of repairs to a broken windscreen, if the employee can
demonstrate that:
37.2.1 the damage was
sustained on approved work activities; and
37.2.2 the costs cannot
be met under the insurance policy due to excess clauses.
38. Camping Equipment
Allowance
38.1 In this clause,
"camping equipment" includes instrument and travelling equipment.
38.2 An employee who
provides camping equipment required for the performance of official duties will
be paid a camping equipment allowance at the rate specified in Item 7 of Table
1 - Allowances of Part B, Monetary Rates, for the expense of providing the
equipment.
38.3 An employee who
provides their own bedding and sleeping bag while camping on official business,
will be paid an additional allowance at the rate specified in Item 7 of Table 1
- Allowances of Part B, Monetary Rates.
39. Allowance for
Living in a Remote Area
39.1 An employee will
be paid an allowance for the increased cost of living and the climatic
conditions in a remote area, if:
39.1.1 indefinitely
stationed and living in a remote area as defined in subclause 39.2 of this
clause; or
39.1.2 not indefinitely
stationed in a remote area but because of the difficulty in obtaining suitable
accommodation compelled to live in a remote area as defined in subclause 39.2
of this clause.
39.2 Grade of
appropriate allowance payable under this clause will be determined as follows:
39.2.1 Grade A allowances
- the appropriate rate shown as Grade A in Item 8 of Table 1 - Allowances of
Part B Monetary Rates in respect of all locations in an area of the State
situated on or to the west of a line starting from the right bank of the Murray
River opposite Swan Hill and then passing through the following towns or
localities in the following order, namely: Conargo, Coleambally, Hay, Rankins
Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone,
Coonabarabran, Wee Waa, Moree, Warialda, Ashford and Bonshaw, and includes a
place situated in any such town or locality, except as specified in paragraphs
39.2.2 and 39.2.3 of this subclause;
39.2.2 Grade B allowances
- the appropriate rate shown as Grade B in Item 8 of Table 1 - Allowances of
Part B, Monetary Rates; in respect of the towns and localities of Angledool,
Barringun, Bourke, Brewarrina, Clare, Enngonia, Goodooga, Ivanhoe, Lake Mungo,
Lightning Ridge, Louth, Mungindi, Pooncarie, Redbank, Walgett, Wanaaring,
Weilmoringle, White Cliffs, Wilcannia and Willandra;
39.2.3 Grade C allowances
- the appropriate rate shown as Grade C in Item 8 of Table 1 - Allowances of
Part B, Monetary Rates in respect of the localities of Fort Grey, Mutawintji,
Mount Wood, Nocoleche, Olive Downs, Tibooburra and Yathong.
39.3 The dependant
rate for each grade is payable where
39.3.1 the employee has a
dependant as defined; and
39.3.2 the employee’s
dependant(s) resides within the area that attracts the remote area allowance;
and
39.3.3 the employee’s
spouse, if also employed in the service of the Crown, is not in receipt of an
allowance under this clause, unless each spouse resides at a separate location
within the remote area.
39.4 For the purposes
of this clause dependant is defined as
39.4.1 the spouse of the
employee (including a de facto spouse);
39.4.2 each child of the
employee aged eighteen years or under;
39.4.3 each son and
daughter of the employee aged more than eighteen years but less than twenty-six
years who remains a student in full time education or training at a recognised
educational institution, or who is an apprentice; and
39.4.4 any other person
who is part of the employee’s household and who is, in the opinion of the
Secretary, substantially financially dependent on the employee.
39.5 Departmental
temporary employees, such as relief employees, who are employed for short
periods are not eligible to receive a remote areas allowance.
39.6 An employee who
is a volunteer part-time member of the Defence Force and receives the remote
area allowance at the non-dependant rate is not paid the allowance while on
military leave
39.7 An employee who
is a volunteer part-time member of the Defence Forces and receives the remote
area allowance at the dependant rate may continue to receive the allowance at
the normal rate for the duration of the military leave provided that:
39.7.1 the employee
continues in employment; and
39.7.2 the dependants
continue to reside in the area specified; and
39.7.3 military pay does
not exceed Departmental salary plus the remote areas allowance.
If the military salary exceeds Departmental salary plus
the allowance at the dependant rate, the allowance is to be reduced to the
non-dependant rate.
40. Assistance to
Employees Stationed in a Remote Area When Travelling on Recreation Leave
40.1 An employee who:
40.1.1 is indefinitely
stationed in a remote area of the State of New South Wales situated to the west
of the 144th meridian of longitude or such other area to the west of the 145th
meridian of longitude as determined by the Secretary; and
40.1.2 proceeds on
recreation leave to any place which is at least 480 kilometres by the nearest
practicable route from the employee's work location in that area,
will be paid an allowance once in any period of 12
months at the appropriate rate shown in Item 9 of Table 1 - Allowance of Part
B, Monetary Rates for the additional costs of travel.
40.2 Dependant in this
clause has the same meaning as subclause 39.4 of clause 39, Allowance for
Living in a Remote Area, of this award.
40.3 Allowances under
this clause do not apply to employees who have less than three years’ service
and who, at the date of engagement, were resident in the defined area.
41. Overseas Travel
Unless the Department Head determines that an employee
will be paid travelling rates especially determined for the occasion, an
employee required by the Department to travel overseas on official business
will be paid the appropriate overseas travelling allowance rates as specified
in the relevant Department of Customer Service Policy as issued from time to
time.
42. Exchanges
42.1 The Department
Head may arrange two way or one way exchanges with other organisations both
public and private, if the Department or the employee will benefit from
additional training and development which is intended to be used in the
carrying out of the Department's business.
42.2 The conditions
applicable to those employees who participate in exchanges will be determined
by the Department Head according to the individual circumstances in each case
(Item 11 of Table 1 - Allowances of Part B Monetary Rates).
42.3 The provisions of
this subclause do not apply to the loan of services of employees to the
Association. The provisions of clause
56, Conditions Applying to On Loan Arrangements, of this award apply to
employees who are loaned to the Association.
43. Room at Home Used
as Office
43.1 Where no
Departmental office is provided in a particular location - Where it is
impractical to provide an office in a particular location, employees stationed
in such a location may be required to use a spare room at their home as an
office. In such cases, the Department will be responsible for providing
furniture, telephone and other equipment, as required. In addition, an
allowance as specified in Item 12 of Table 1 - Allowances of Part B, Monetary
Rates, is payable for the use of a room at home as an office.
43.2 Where an office
exists in a particular location - Where a Departmental office or offices
already exist in a particular location but the employee and the manager agree
that the employee could work from home on a short term or longer term basis,
the arrangement will be negotiated in accordance with the provisions of the
Flexible Work Practices, Policy and Guidelines. The allowance set out in
subclause 43.1 of this clause will not apply in these circumstances.
43.3 Requirements - Arrangements
under subclauses 43.1 or 43.2 of this clause will be subject to:
43.3.1 a formal agreement
being reached in respect of the hours to be worked; and
43.3.2 the work health
and safety, provision of equipment requirements and any other relevant
conditions specified in Part 2, Section 7 Working from Home in the Flexible
Work Practices, Policy and Guidelines.
44. Semi-Official
Telephones
44.1 Reimbursement of
expenses associated with a private telephone service installed at the residence
of an employee will be made as specified in this clause if the employee is
required to be contacted or is required to contact others in connection with
the duties of his/her role in the Department, as and when required.
44.2 The service must
be located in the employee's principal place of residence and its telephone
number communicated to all persons entitled to have out of hours contact with
the employee.
44.3 The semi-official
telephone allowance applies to employees who are required, as part of their
duties to
44.3.1 give decisions,
supply information or provide emergency services; and/or
44.3.2 be available for
reasons of safety or security for contact by the public outside of normal
office hours.
44.4 Unless better
provisions already apply to an employee or an employee has been provided with
an official telephone, reimbursement of expenses under this clause will be
limited to the following:
44.4.1 the connection fee
for a telephone service, if the service is not already available at the employee's
principal place of residence;
44.4.2 the full annual
base rental charged for the telephone service regardless of whether any
official calls have been made during the period; and
44.4.3 the full cost of
official local, STD and ISD calls.
44.5 To be eligible
for reimbursement, employees must submit their telephone account and a
statement showing details of all official calls, including:
44.5.1 date, time, length
of call and estimated cost;
44.5.2 name and phone
number of the person to whom call was made; and
44.5.3 reason for the
call.
45. Flying Allowance
Employees, other than those employed to fly aircraft,
will be paid an allowance as specified in Item 14 of Table 1 - Allowances of
Part B, Monetary Rates when required to work from an inflight situation. The
flying allowance payable under this clause will be paid in addition to any
other entitlement for the time actually spent working in the aircraft.
46. Uniforms,
Protective Clothing and Laundry Allowance
46.1 Uniform, etc.
provided by the Department – An employee who is required or authorised by the
appropriate Department Head to wear a uniform, protective clothing or other
specialised clothing in connection with the performance of official duties will
be provided by the Department with such clothing and will be paid an allowance
at the rate specified in Item 15 of Table 1 - Allowances of Part B Monetary
Rates for laundering the uniform or protective clothing, unless the employee is
entitled to receive a laundry allowance under another industrial instrument.
46.2 Where payment of
the laundry allowance is not appropriate because of the specialised nature of
the clothing, the cost of maintaining such clothing will be met by the
Department.
46.3 Uniform, etc.
provided by the employee - Where the uniform, protective clothing or other
specialised clothing is provided by the employee, the employee will be
reimbursed the cost of the uniform, protective clothing or other specialised
clothing.
47. Compensation for
Damage to Or Loss of Employee’s Personal Property
47.1 Where damage to
or loss of the employee's personal property occurs in the course of employment,
a claim may be lodged under the Workers
Compensation Act 1987
and/or under any insurance policy of the Department covering the damage to or
loss of the personal property of the employee.
47.2 If a claim under
subclause 47.1 of this clause is rejected by the insurer, the Department Head
may compensate an employee for the damage to or loss of personal property, if
such damage or loss:
47.2.1 is due to the
negligence of the Department, another employee, or both, in the performance of
their duties; or
47.2.2 is caused by a
defect in an employee's material or equipment; or
47.2.3 results from an
employee’s protection of or attempt to protect Departmental property from loss
or damage.
47.3 Compensation in terms
of subclause 47.2 of this clause will be limited to the amount necessary to
repair the damaged item. Where the item cannot be repaired or is lost, the
Department Head may pay the cost of a replacement item, provided the item is
identical to or only marginally different from the damaged or lost item and the
claim is supported by satisfactory evidence as to the price of the replacement
item.
47.4 For the purpose
of this clause, personal property means an employee's clothes, spectacles,
hearing-aid, tools of trade, or similar items which are ordinarily required for
the performance of the employee’s duties.
47.5 Compensation for
the damage sustained will be made by the Department where, in the course of
work, clothing or items such as spectacles, hearing aids, etc, are damaged or
destroyed by natural disasters or by theft or vandalism.
48. Garage and Carport
Allowance
48.1 Where an employee
garages a Departmental vehicle in their own garage or carport and the use of
the garage or carport is considered essential by the Department Head, such
employee will be paid an appropriate rate of allowance as specified in Item 16
of Table 1 - Allowances of Part B, Monetary Rates.
48.2 Payment of the
garage or carport allowance will continue during periods when the employee is
absent from headquarters.
49. Forage for Horses
49.1 Where in
connection with the performance of official duties an employee is required to
hand-feed a horse, out-of-pocket expenses for forage will be reimbursed by the
Department.
49.2 The out-of-pocket
expenses will continue to be paid in full to the employee during periods of
leave.
50. Community Language
Allowance Scheme (CLAS)
50.1 Employees who
possess a basic level of competence in a community language and who work in
locations where their community language is utilised at work to assist clients
and such employees are not:
50.1.1 employed as
interpreters and translators; and
50.1.2 employed in those
roles where particular language skills are an integral part of essential
requirements of the role,
will be paid an allowance as
specified in Item 17 of Table 1 - Allowances of Part B, Monetary Rates, subject
to subclauses 50.2 and 50.3 of this clause.
50.2 The base level of
the CLAS is paid to employees who:
50.2.1 are required to
meet occasional demands for language assistance (there is no regular pattern of
demand for their skill); and
50.2.2 have passed an
examination administered by the Community Relations Commission, or who have a
National Accreditation Authority for Translators and Interpreters (NAATI)
language Recognition award.
50.3 The higher level
of CLAS is paid to employees who meet the requirements for the base level of
payment and:
50.3.1 are regularly
required to meet high levels of customer demand involving a regular pattern of
usage of the employee’s language skills, as determined by the Department Head;
or
50.3.2 have achieved
qualifications of NAATI interpreter level or above. This recognises that
employees with higher levels of language skill will communicate with an
enhanced degree of efficiency and effectiveness.
51. First Aid
Allowance
51.1 An employee
appointed as a First Aid Officer will be paid a first aid allowance at the rate
appropriate to the qualifications held by such employee as specified in Item 18
of Table 1 - Allowances of Part B, Monetary Rates.
51.2 The First Aid
Allowance - Basic Qualifications rate will apply to an employee appointed as a
First Aid Officer who holds a St John’s Ambulance Certificate or equivalent qualifications
(such as the Civil Defence or the Red Cross Society’s First Aid Certificates)
issued within the previous three years.
51.3 The Holders of
current Occupational First Aid Certificate Allowance rate will apply to an
employee appointed as a First Aid Officer who:
51.3.1 is appointed to be
in charge of a First-Aid room in a workplace of 200 or more employees (100 for
construction sites); and
51.3.2 holds an
Occupational First-Aid Certificate issued within the previous three years.
51.4 The First Aid
Allowance will not be paid during leave of one week or more.
51.5 When the First
Aid Officer is absent on leave for one week or more and another qualified
employee is selected to relieve in the First Aid Officer's position, the
employee will be paid a pro rata first aid allowance for assuming the duties of
a First Aid Officer.
51.6 First Aid
Officers may be permitted to attend training and retraining courses conducted
during normal hours of duty. The cost of training employees who do not already
possess qualifications and who need to be trained to meet Departmental needs,
and the cost of retraining First Aid Officers, are to be met by the Department.
52. Review of
Allowances Payable in Terms of This Award
52.1 Adjustment of
Allowances - Allowances contained in this award will be reviewed as follows:
52.1.1 Allowances listed
in this paragraph will be determined at a level consistent with the reasonable
allowances amounts for the appropriate income year as published by the
Australian Taxation Office (ATO):
(a) clause 26,
Travelling Compensation;
(b) clause 29, Meal
Expenses on One Day Journeys;
(c) clause 94,
Overtime Meal Allowances, for breakfast, lunch and dinner.
52.1.2 Allowances listed
in this paragraph will be determined and become effective from 1 July each year
at a level consistent with the reasonable allowances amounts as published at or
before that time by the Australian Taxation Office (ATO):
(a) clause 36,
Allowances Payable for the Use of Private Motor Vehicle.
52.1.3 Allowances payable
in terms of clauses listed in this paragraph will be adjusted on 1 July each
year in line with the increases in the Consumer Price Index for Sydney during
the preceding year (March quarter figures):
(a) clause 34,
Camping Allowances;
(b) clause 35,
Composite Allowance;
(c) clause 38,
Camping Equipment Allowance;
(d) clause 39,
Allowance for Living in a Remote Area;
(e) clause 40,
Assistance to Employees Stationed in a Remote Area When Travelling on
Recreation Leave;
(f) clause 43, Room
at Home Used as Office;
(g) clause 46,
Uniforms, Protective Clothing and Laundry Allowance;
(h) clause 48,
Garage and Carport Allowance; and
(i) clause 94,
Overtime Meal Allowances, for supper.
52.1.4 Allowances payable
in terms of clauses listed in this paragraph increase in accordance with any
percentage increase under an Award, Agreement or Determination and will be
adjusted on and from the date or pay period the percentage increase takes
effect:
(a) clause 45,
Flying Allowance;
(b) clause 50,
Community Language Allowance Scheme (CLAS);
(c) clause 51,
First Aid Allowance;
(d) clause 92,
On-Call (Stand-by) and On-Call Allowance.
SECTION 5 - UNION
CONSULTATION, ACCESS AND ACTIVITIES
53. Trade Union
Activities Regarded as on Duty
53.1 An Association
delegate will be released from the performance of normal Departmental duty when
required to undertake any of the activities specified below. While undertaking
such activities the Association delegate will be regarded as being on duty and
will not be required to apply for leave:
53.1.1 attendance at
meetings of the workplace's Work Health and Safety Committee and participation
in all official activities relating to the functions and responsibilities of
elected Work Health and Safety Committee members at a place of work as provided
for in the Work Health and Safety Act 2011 and the Work Health and Safety
Regulation 2011;
53.1.2 attendance at
meetings with workplace management or workplace management representatives;
53.1.3 a reasonable
period of preparation time, before -
(a) meetings with
management;
(b) disciplinary or
grievance meetings when an Association member requires the presence of an
Association delegate; and
(c) any other
meeting with management,
by agreement with management, where operational
requirements allow the taking of such time;
53.1.4 giving evidence in
court on behalf of the employer;
53.1.5 appearing as a
witness before the Industrial Relations Commission;
53.1.6 representing the
Association at the Industrial Relations Commission as an advocate or as a
Tribunal Member;
53.1.7 presenting
information on the Association and Association activities at induction sessions
for new employees of the Department; and
53.1.8 distributing
official Association publications or other authorised material at the
workplace, provided that a minimum of 24 hours’ notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is
to be kept to a minimum and is to be undertaken at a time convenient to the
workplace.
54. Trade Union Activities
Regarded as Special Leave
54.1 The granting of
special leave with pay will apply to the following activities undertaken by an
Association delegate, as specified below:
54.1.1 annual or biennial
conferences of the Association;
54.1.2 meetings of the
Association’s Executive, Committee of Management or Councils;
54.1.3 annual conference
of Unions NSW and the biennial Congress of the Australian Council of Trade
Unions;
54.1.4 attendance at
meetings called by Unions NSW involving the Association which requires
attendance of a delegate;
54.1.5 attendance at
meetings called by the Secretary, as the employer for industrial purposes, as
and when required;
54.1.6 giving evidence
before an Industrial Tribunal as a witness for the Association;
54.1.7 reasonable
travelling time to and from conferences or meetings to which the provisions of
clauses 53, 54 and 55 apply.
55. Trade Union Training Courses
55.1 The following
training courses will attract the grant of special leave as specified below: -
55.1.1 Accredited Work
Health and Safety (WHS) courses and any other accredited WHS training for WHS
Committee members. The provider(s) of accredited WHS training courses and the
conditions on which special leave for such courses will be granted, will be negotiated
between the Department Head and the Association under a local arrangement
pursuant to clause 10, Local Arrangements of this award.
55.1.2 Courses organised
and conducted by the Trade Union Education Foundation or by the Association or
a training provider nominated by the Association. A maximum of 12 working days
in any period of 2 years applies to this training and is subject to:
(a) the operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief employees;
(b) payment being
at the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc;
(c) all travelling
and associated expenses being met by the employee or the Association;
(d) attendance
being confirmed in writing by the Association or a nominated training provider.
56. Conditions
Applying to on Loan Arrangements
56.1 Subject to the
operational requirements of the workplace, on loan arrangements will apply to
the following activities:
56.1.1 meetings
interstate or in NSW of a Federal nature to which an Association member has
been nominated or elected by the Association: -
(a) as an Executive
Member; or
(b) a member of a
Federal Council; or
(c) vocational or
industry committee.
56.1.2 briefing counsel
on behalf of the Association;
56.1.3 assisting
Association officials with preparation of cases or any other activity outside
their normal workplace at which the delegate is required to represent the
interests of the Association;
56.1.4 country tours
undertaken by a member of the executive or Council of the Association;
56.1.5 taking up of full
time duties with the Association if elected to the office of President, General
Secretary or to another full time position with the Association;;
56.1.6 financial
Arrangements - The following financial arrangements apply to the occasions when
an employee is placed "on loan" to the Association:-
(a) the Department
will continue to pay the delegate or an authorised Association representative
whose services are on loan to the Association;
(b) the Department
will seek reimbursement from the Association at regular intervals of all salary
and associated on costs, including superannuation, as specified by the NSW
Treasury from time to time.
(c) Agreement with
the Association on the financial arrangements must be reached before the on
loan arrangement commences and must be documented in a manner negotiated
between the Department Head and the Association.
56.1.7 Recognition of
"on loan" arrangement as service - On loan arrangements negotiated in
terms of this clause are to be regarded as service for the accrual of all leave
and for incremental progression.
56.1.8 Limitation - On
loan arrangements may apply to full-time or part-time employees and are to be
kept to the minimum time required. Where the Association needs to extend an on
loan arrangement, the Association will approach the Department Head in writing
for an extension of time well in advance of the expiration of the current
period of on loan arrangement.
56.1.9 Where the
Department Head and the Association cannot agree on the on loan arrangement,
the matter is to be referred to the Secretary for determination after
consultation with the Department Head and the Association.
57. Period of Notice
for Trade Union Activities
The Department Head must be notified in writing by the
Association or, where appropriate, by the accredited delegate as soon as the
date and/or time of the meeting, conference or other accredited activity is
known.
58. Access to Facilities
by Trade Union Delegates
58.1 The workplace
will provide accredited delegates with reasonable access to the following
facilities for authorised Association activities:
58.1.1 telephone,
facsimile, internet and email facilities;
58.1.2 a notice board for
material authorised by the Association or access to employee notice boards for
material authorised by the Association;
58.1.3 workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the Association.
59. Responsibilities of the Trade Union Delegate
59.1 Responsibilities
of the Association delegate are to:
59.1.1 establish
accreditation as a delegate with the Association and provide proof of
accreditation to the workplace;
59.1.2 participate in the
workplace consultative processes, as appropriate;
59.1.3 follow the dispute
settling procedure applicable in the workplace;
59.1.4 provide sufficient
notice to the immediate supervisor of any proposed absence on authorised
Association business;
59.1.5 account for all
time spent on authorised Association business;
59.1.6 when special leave
is required, to apply for special leave in advance;
59.1.7 distribute
Association literature/membership forms, under local arrangements negotiated
between the Department Head and the Association; and
59.1.8 use any facilities
provided by the workplace properly and reasonably as negotiated at
organisational level.
60. Responsibilities
of the Trade Union
60.1 Responsibilities
of the Association are to:
60.1.1 provide written
advice to the Department Head about an Association activity to be undertaken by
an accredited delegate and, if requested, to provide written confirmation to
the workplace management of the delegate's attendance/participation in the
activity;
60.1.2 meet all
travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in paragraph 61.1.3 of clause 61, Responsibilities
of Workplace Management, of this award;
60.1.3 pay promptly any
monies owing to the workplace under a negotiated on loan arrangement;
60.1.4 provide proof of
identity when visiting a workplace in an official capacity, if requested to do
so by management;
60.1.5 apply to the
Department Head well in advance of any proposed extension to the "on
loan" arrangement;
60.1.6 assist the
workplace management in ensuring that time taken by the Association delegate is
accounted for and any facilities provided by the employer are used reasonably
and properly; and
60.1.7 advise employer of
any leave taken by the Association delegate during the on loan arrangement.
61. Responsibilities
of Workplace Management
61.1 Where time is
required for Association activities in accordance with this clause the
responsibilities of the workplace management are to:
61.1.1 release the
accredited delegate from duty for the duration of the Association activity, as
appropriate, and, where necessary, to allow for sufficient travelling time
during the ordinary working hours;
61.1.2 advise the
workplace delegate of the date of the next induction session for new employees
in sufficient time to enable the Association to arrange representation at the
session;
61.1.3 meet the travel
and/or accommodation costs properly and reasonably incurred in respect of
meetings called by the workplace management;
61.1.4 where possible, to
provide relief in the role occupied by the delegate in the workplace, while the
delegate is undertaking Association responsibilities to assist with the
business of workplace management;
61.1.5 re-credit any
other leave applied for on the day to which special leave or release from duty
subsequently applies;
61.1.6 where an
Association activity provided under this clause needs to be undertaken on the
Association delegate's rostered day off or during an approved period of flexi
leave, to apply the provisions of paragraph 61.1.5 of this subclause;
61.1.7 to continue to pay
salary during an "on loan" arrangement negotiated with the
Association and to obtain reimbursement of salary and on-costs from the
Association at regular intervals, or as otherwise agreed between the parties if
long term arrangements apply;
61.1.8 to verify with the
Association the time spent by an Association delegate or delegates on
Association business, if required; and
61.1.9 if the time and/or
the facilities allowed for Association activities are thought to be used
unreasonably and/or improperly, to consult with the Association before taking
any remedial action.
62. Right of Entry
Provisions
The right of entry provisions will be as prescribed under
the Work Health and Safety Act 2011
and the Industrial Relations Act 1996.
63. Travelling and
Other Costs of Trade Union Delegates
63.1 Except as
specified in paragraph 61.1.3 of clause 61, Responsibilities of Workplace
Management, of this award, all travel and other costs incurred by accredited
Association delegates in the course of Association activities will be paid by
the Association.
63.2 In respect of
meetings called by the workplace management in terms of paragraph 61.1.3 of
clause 61, Responsibilities of Workplace Management of this award, the payment
of travel and/or accommodation costs, properly and reasonably incurred, is to
be made, as appropriate, on the same conditions as apply under clauses 26,
Travelling Compensation, 29, Meal Expenses on One-Day Journeys, or 30,
Restrictions on Payment of Travelling Allowances, of this award.
63.3 No overtime,
leave in lieu, shift penalties or any other additional costs will be claimable
by an employee from the Department or the Secretary, in respect of Association
activities covered by special leave or on duty activities provided for in this
clause.
63.4 The on loan
arrangements will apply strictly as negotiated and no extra claims in respect
of the period of on loan will be made on the Department by the Association or
the employee.
64. Industrial Action
64.1 Provisions of the
Industrial Relations Act 1996
will apply to the right of Association members to take lawful industrial action
(note the obligations of the parties under clause 9, Grievance and Dispute
Settling Procedures).
64.2 There will be no
victimisation of employees prior to, during or following such industrial
action.
65. Consultation and
Technological Change
65.1 There will be
effective means of consultation, as set out in the Consultative Arrangements
Policy and Guidelines document, on matters of mutual interest and concern, both
formal and informal, between management and Association.
65.2 The Departmental
management will consult with the Association prior to the introduction of any
technological change.
66. Deduction of Trade
Union Membership Fees
At the employee’s election, the Department Head will
provide for the employee’s Association membership fees to be deducted from the
employee’s pay and ensure that such fees are transmitted to the employee’s
Association at regular intervals. Alternative arrangements for the deduction of
Association membership fees may be negotiated between the Department Head and
the Association in accordance with clause 10, Local Arrangements, of this
award.
SECTION 6 - LEAVE
67. Leave - General
Provisions
67.1 The leave
provisions contained in this Award apply to all employees other than those to
whom arrangements apply under another industrial instrument or under a local
arrangement negotiated between the Department Head and the Association in terms
of clause 10, Local Arrangements of this award.
67.2 Unless otherwise
specified, part-time employees will receive the paid leave provisions of this
award on a pro rata basis, calculated according to the number of hours worked
per week.
67.3 Unless otherwise
specified in this award a temporary employee employed under Part 4, Division 5,
Section 43 of the Act is eligible to take a period of approved leave during the
current period of employment and may continue such leave during a subsequent
period or periods of employment in the Public Service, if such period or
periods of employment commence immediately on termination of a previous period
or periods of employment.
67.4 Where paid and
unpaid leave is available to be granted in terms of this award, paid leave will
be taken before unpaid leave.
68. Absence from Work
68.1 An employee must
not be absent from work unless reasonable cause is shown.
68.2 If an employee is
to be absent from duty because of illness or other emergency, the employee must
notify or arrange for another person to notify the supervisor as soon as
possible of the employee's absence and the reason for the absence.
68.3 If a satisfactory
explanation for the absence, is not provided, the employee will be regarded as
absent from duty without authorised leave and the Department Head will deduct
from the pay of the employee the amount equivalent to the period of the
absence.
68.4 The minimum
period of leave available to be granted will be a quarter day, unless local
arrangements negotiated in the workplace allow for a lesser period to be taken.
68.5 Nothing in this
clause affects any proceedings for a breach of discipline against an employee
who is absent from duty without authorised leave.
69. Applying for Leave
69.1 An application by
an employee for leave under this award will be made to and dealt with by the
Department Head.
69.2 The Department
Head will deal with the application for leave according to the wishes of the
employee, if the operational requirements of the Department permit this to be
done.
70. Extended Leave
Extended leave will accrue and will be granted to
employees in accordance with the provisions of Part 2, Division 3, Clause 16
Extended leave entitlements and Schedule 1 Public Service extended leave
entitlements of the Government Sector
Employment Regulation 2014.
71. Family and
Community Service Leave
71.1 The Department
Head will grant family and community service (FACS) leave to an employee for
unplanned and emergency family situations or other emergencies that may include
but are not limited to the following: -
71.1.1 on compassionate
grounds - such as the death or illness of a close member of the family or a
member of the employee's household;
71.1.2 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;
71.1.3 emergency or
weather conditions - such as when flood, fire, snow or disruption to utility
services etc, threatens an employee’s property and/or prevents an employee from
reporting for duty;
71.1.4 attending to
unplanned or unforeseen family responsibilities - such as attending child's
school for an emergency reason or emergency cancellations by child care
providers;
71.1.5 attendance at
court by an employee to answer a charge for a criminal offence, only if the
Department Head considers the granting of FACS to be appropriate in a
particular case.
71.2 The Department
Head may also grant FACS leave for:
71.2.1 an absence during
normal working hours to attend meetings, conferences or to perform other
duties, for employees holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the employee does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council; and
71.2.2 attendance as a
competitor in major amateur sport (other than Olympic or Commonwealth Games)
for employees who are selected to represent Australia or the State.
71.3 Non-emergency
appointments or duties will be scheduled or performed outside of normal working
hours or through approved use of flexible working arrangements or other
appropriate leave
71.4 For the purpose
of FACS leave, the definition of "family" or "relative" in
this clause is the same as that provided in paragraph 81.4.2 of clause 81, Sick
Leave to Care for a Family Member, of this award.
71.5 FACS leave will
accrue as follows:
71.5.1 two and a half
days in the employee’s first year of service;
71.5.2 two and a half
days in the employee’s second year of service; and
71.5.3 one day per year
thereafter.
71.6 Where FACS leave
is exhausted as a result of natural disasters, the Department Head will
consider applications for additional FACS leave, if some other emergency
arises.
71.7 Where FACS leave
is exhausted, on the death of a family member or relative, additional paid FACS
leave of up to 2 days may be granted on a discrete, per occasion basis to an
employee.
71.8 In cases of
illness of a family member for whose care and support the employee is
responsible, paid sick leave in accordance with clause 81, Sick Leave to Care
for a Sick Family Member of this award will be granted when paid FACS leave has
been exhausted or is unavailable.
71.9 A Department Head
may also grant employees other forms of leave such as accrued recreation leave,
time off in lieu, flex leave and so on for FACS leave purposes.
72. Leave Without Pay
72.1 The Department
Head may grant leave without pay to an employee if good and sufficient reason
is shown.
72.2 Leave without pay
may be granted on a full-time or a part-time basis.
72.3 Where an employee
is granted leave without pay for a period not exceeding 10 consecutive working
days, the employee will be paid for any proclaimed public holidays falling
during such leave without pay.
72.4 Where an employee
is granted leave without pay which, when aggregated, does not exceed 5 working
days in a period of twelve (12) months, such leave will count as service for
incremental progression and accrual of recreation leave.
72.5 An employee who
has been granted leave without pay must not engage in employment of any kind
during the period of leave without pay, unless prior approval has been obtained
from the Department Head.
72.6 An employee will
not be required to exhaust accrued paid leave before proceeding on leave
without pay but, if the employee elects to combine all or part of accrued paid
leave with leave without pay, the paid leave must be taken before leave without
pay.
72.7 No paid leave
will be granted during a period of leave without pay.
72.8 An ongoing
assignment may be made to the employee’s role if:
72.8.1 the leave without
pay has continued or is likely to continue beyond the original period of
approval and is for a total period of more than 12 months; and
72.8.2 the employee is
advised of the Department’s proposal to permanently backfill their assigned
role; and
72.8.3 the employee is
given a reasonable opportunity to end the leave without pay and return to their
role; and
72.8.4 the Department
advised the employee at the time of the subsequent approval that the role will
be filled on an ongoing basis during the period of leave without pay.
72.9 The role cannot
be filled permanently unless the above criteria are satisfied.
72.10 The employee does
not cease to be employed by the Department if their role is permanently
backfilled.
72.11 Subclause 72.8 of
this clause does not apply to full-time unpaid parental leave granted in
accordance with subparagraph 75.9.1(a) of clause 75, Parental Leave or to
military leave.
73. Military Leave
73.1 During the period
of 12 months commencing on 1 July each year, the Department Head may grant to
an employee who is a volunteer part-time member of the Australian Defence
Forces, military leave on full pay to undertake compulsory annual training and
to attend schools, classes or courses of instruction or compulsory parades conducted
by the employee’s unit.
73.2 In accordance
with the Defence Reserve Service
(Protection) Act 2001 (Cth),
it is unlawful to prevent an employee from rendering or volunteering to render,
ordinary Defence Reserve Service.
73.3 Up to 24 working
days military leave per financial year may be granted by the Department Head to
members of the Naval and Military Reserves and up to 28 working days per
financial year to members of the Air Force Reserve for the activities specified
in subclause 73.1 of this clause.
73.4 A Department Head
may grant an employee special leave of up to 1 day to attend medical
examinations and tests required for acceptance as volunteer part time members
of the Australian Defence Forces.
73.5 An employee who
is requested by the Australian Defence Forces to provide additional military
services requiring leave in excess of the entitlement specified in subclause
73.3 of this clause may be granted Military Leave Top Up Pay by the Department
Head.
73.6 Military Leave
Top Up Pay is calculated as the difference between an employee’s ordinary pay
as if they had been at work, and the Reservist’s pay which they receive from
the Commonwealth Department of Defence.
73.7 During a period
of Military Leave Top Up Pay, an employee will continue to accrue sick leave,
recreation and extended leave entitlements, and Departments are to continue to
make superannuation contributions at the normal rate.
73.8 At the expiration
of military leave in accordance with subclause 73.3 or 73.4 of this clause, the
employee must furnish to the Department Head a certificate of attendance and
details of the employee’s reservist pay signed by the commanding officer or other
responsible officer.
74. Observance of
Essential Religious Or Cultural Obligations
74.1 An employee of:
74.1.1 any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
74.1.2 any ethnic or cultural
background who seeks leave for the purpose of observing any essential cultural
obligations, may be granted recreation/extended leave to credit, flex leave or
leave without pay to do so.
74.2 Applications for
leave under this clause must be granted by the Department Head provided the
employee gives adequate notice to the Department as to the need for leave and
it is operationally convenient to release the employee from duty.
74.3 An employee of
any religious faith who seeks time off during daily working hours to attend to
essential religious obligations of that faith, will be granted such time off by
the Department Head, subject to:
74.3.1 adequate notice
being given by the employee;
74.3.2 prior approval
being obtained by the employee; and
74.3.3 Tte time off being
made up in the manner approved by the Department Head.
74.4 Notwithstanding
the provisions of subclauses 74.1, 74.2 and 74.3 of this clause, arrangements
may be negotiated between the Department and the Association in terms of clause
10, Local Arrangements of this award to provide greater flexibility for
employees for the observance of essential religious or cultural obligations.
75. Parental Leave
75.1 Parental leave
includes maternity, adoption and "other parent" leave.
75.2 Maternity leave
will apply to an employee who is pregnant and, subject to this clause the
employee will be entitled to be granted maternity leave as follows:
75.2.1 for a period up to
9 weeks prior to the expected date of birth; and
75.2.2 for a further
period of up to 12 months after the actual date of birth.
75.2.3 an employee who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
75.3 Adoption leave –
will apply to an employee adopting a child and who will be the primary care
giver, the employee will be granted adoption leave as follows:
75.3.1 for a period of up
to 12 months if the child has not commenced school at the date of the taking of
custody; or
75.3.2 for such period,
not exceeding 12 months on a full-time basis, as the Department Head may
determine, if the child has commenced school at the date of the taking of
custody.
75.3.3 special Adoption
Leave – An employee will be entitled to special adoption leave (without pay)
for up to 2 days to attend interviews or examinations for the purposes of
adoption. Special adoption leave may be taken as a charge against recreation
leave, extended leave, flexitime or family and community service leave.
75.4 Where maternity
or adoption leave does not apply, "other parent" leave is available
to male and female employees who apply for leave to look after his/her child or
children. Other parent leave applies as follows:
75.4.1 short other parent
leave - an unbroken period of up to 8 weeks at the time of the birth of the
child or other termination of the spouse's or partner's pregnancy or, in the
case of adoption, from the date of taking custody of the child or children;
75.4.2 extended other
parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the employee as provided for in paragraph
75.4.1 of this subclause. Extended other parental leave may commence at any
time up to 2 years from the date of birth of the child or the taking of custody
of the child.
75.5 An employee
taking maternity or adoption leave is entitled to payment at the ordinary rate
of pay for a period of up to 14 weeks, an employee entitled to short other
parent leave is entitled to payment at the ordinary rate of pay for a period of
up to 1 week, provided the employee:
75.5.1 applied for
parental leave within the time and in the manner determined set out in
subclause 75.10 of this clause; and
75.5.2 prior to the
commencement of parental leave, completed not less than 40 weeks' continuous
service.
75.5.3 Payment for the
maternity, adoption or short other parent leave may be made as follows:
(a) in advance as a
lump sum; or
(b) fortnightly as
normal; or
(c) fortnightly at
half pay; or
(d) a combination
of full‑pay and half pay.
75.6 Payment for
parental leave is at the rate applicable when the leave is taken. An employee
holding a full time position who is on part time leave without pay when they
start parental leave is paid:
75.6.1 at the full time
rate if they began part time leave 40 weeks or less before starting parental
leave; or
75.6.2 at the part time
rate if they began part time leave more than 40 weeks before starting parental
leave and have not changed their part time work arrangements for the 40 weeks;
or
75.6.3 at the rate based
on the average number of weekly hours worked during the 40 week period if they
have been on part time leave for more than 40 weeks but have changed their part
time work arrangements during that period.
75.7 An employee who commences a subsequent
period of maternity or adoption leave for another child within 24 months of
commencing an initial period of maternity or adoption leave will be paid:
75.7.1 at the rate (full
time or part time) they were paid before commencing the initial leave if they
have not returned to work; or
75.7.2 at a rate based on
the hours worked before the initial leave was taken, where the employee has
returned to work and reduced their hours during the 24 month period; or
75.7.3 at a rate based on
the hours worked prior to the subsequent period of leave where the employee has
not reduced their hours.
75.8 Except as
provided in subclauses 75.5, 75.6 and 75.7 of this clause parental leave will
be granted without pay.
75.9 Right to request
75.9.1 An employee who
has been granted parental leave in accordance with subclause 75.2, 75.3 or 75.4
of this clause may make a request to the Department Head to:
(a) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months; and /or
(b) return from a
period of full time parental leave on a part time basis until the child reaches
school age (Note: returning to work from parental leave on a part time basis
includes the option of returning to work on part time leave without pay);
to assist the employee in reconciling work and parental
responsibilities.
75.9.2 The Department
Head will 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 Department Head’s business. Such grounds might include cost, lack of
adequate replacement employees, loss of efficiency and the impact on customer
service.
75.10 Notification
Requirements
75.10.1 When a
Department is made aware that an employee or their spouse is pregnant or is
adopting a child, the Department must inform the employee of their entitlements
and their obligations under the award.
75.10.2 An
employee who wishes to take parental leave must notify the department head in
writing at least 8 weeks (or as soon as practicable before the expected
commencement of parental leave:
(a) that
she/he intends to take parental leave, and
(b) the
expected date of birth or the expected date of placement, and
(c) if
she/he is likely to make a request under subclause 75.9 of this clause.
75.10.3 At
least 4 weeks before an employee's expected date of commencing parental leave
they must advise:
(a) the
date on which the parental leave is intended to start, and
(b) the
period of leave to be taken.
75.10.4 Employee’s
request and the Department Head’s decision to be in writing
The employee’s request under paragraph
75.9.1 and the Department Head’s decision made under paragraph 75.9.2 must be
recorded in writing.
75.10.5 An
employee intending to request to return from parental leave on a part time
basis or seek an additional period of leave of up to 12 months must notify the
Department Head in writing as soon as practicable and preferably before
beginning parental leave. If the notification is not given before commencing
such leave, it may be given at any time up to 4 weeks before the proposed
return on a part time basis, or later if the Department Head agrees.
75.10.6 An
employee on maternity leave is to notify her department of the date on which
she gave birth as soon as she can conveniently do so.
75.10.7 An
employee must notify the department as soon as practicable of any change in her
intentions as a result of premature delivery or miscarriage.
75.10.8 An
employee on maternity or adoption leave may change the period of leave or
arrangement, once without the consent of the department and any number of times
with the consent of the department. In each case she/he must give the
department at least 14 days’ notice of the change unless the Department head
decides otherwise.
75.11 An employee has
the right to her/his former role if she/he has taken approved leave or part
time work in accordance with subclause 75.9 of this clause, and she/he resumes
duty immediately after the approved leave or work on a part time basis.
75.12 If the role
occupied by the employee immediately prior to the taking of parental leave has
ceased to exist, but there are other positions available that the employee is
qualified for and is capable of performing, the employee will be appointed to a
role of the same grade and classification as the employee’s former position.
75.13 An employee does
not have a right to her/his former role during a period of return to work on a
part time basis. If the Department Head approves a return to work on a part
time basis then the role occupied is to be at the same classification and grade
as the former role.
75.14 An employee who
has returned to full time duty without exhausting their entitlement to 12
months’ unpaid parental leave is entitled to revert back to such leave. This
may be done once only, and a minimum of 4 weeks’ notice (or less if acceptable
to the department) must be given.
75.15 An employee who is
sick during her pregnancy may take available paid sick leave or accrued
recreation or extended leave or sick leave without pay. An employee may apply
for accrued recreation leave, extended leave or leave without pay before taking
maternity leave. Any leave taken before maternity leave, ceases at the end of
the working day immediately preceding the day she starts her nominated period
of maternity leave or on the working day immediately preceding the date of
birth of the child, whichever is sooner.
75.16 An employee may
elect to take available recreation leave or extended leave within the period of
parental leave provided this does not extend the total period of such leave.
75.17 An employee may
elect to take available recreation leave at half pay in conjunction with
parental leave provided that:
75.17.1 accrued
recreation leave at the date leave commences is exhausted within the period of
parental leave;
75.17.2 the
total period of parental leave is not extended by the taking of recreation
leave at half pay;
75.17.3 when
calculating other leave accruing during the period of recreation leave at half
pay, the recreation leave at half pay will be converted to the full time
equivalent and treated as full pay leave for accrual of further recreation,
extended and other leave at the full time rate.
75.18 If, for any
reason, a pregnant employee is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
Department Head, should, in consultation with the employee, take all reasonable
measures to arrange for safer alternative duties. This may include but is not
limited to greater flexibility in when and where duties are carried out, a
temporary change in duties, retraining, multi-skilling, teleworking and role
redesign.
75.19 If such
adjustments cannot reasonably be made, the Department Head must grant the
employee maternity leave, or any available sick leave, for as long as it is necessary
to avoid exposure to that risk as certified by a medical practitioner, or until
the child is born whichever is the earlier.
75.20 Communication
during parental leave
75.20.1 Where
an employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the Department will take
reasonable steps to:
(a) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the role the employee held before
commencing parental leave; and
(b) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the role the employee held before
commencing parental leave.
75.20.2 The
employee must take reasonable steps to inform the Department Head 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.
75.20.3 The
employee must also notify the Department Head of changes of address or other
contact details which might affect the Department’s capacity to comply with
paragraph 75.20.1 of this subclause.
76. Purchased Leave
76.1 An employee may
apply to enter into an agreement with the Department Head to purchase either 10
days (2 weeks) or 20 days (4 weeks) additional leave in a 12 month period.
76.1.1 Each application
will be considered subject to operational requirements and personal needs and
will take into account departmental business needs and work demands.
76.1.2 The leave must be
taken in the 12 month period specified in the Purchased Leave Agreement and
will not attract any leave loading.
76.1.3 The leave will
count as service for all purposes.
76.2 The purchased
leave will be funded through the reduction in the employee’s ordinary rate of
pay.
76.2.1 Purchased leave
rate of pay means the rate of pay an employee receives when their ordinary
salary rate has been reduced to cover the cost of purchased leave.
76.2.2 To calculate the
purchased leave rate of pay, the employee’s ordinary salary rate will be
reduced by the number of weeks of purchased leave and then annualised at a pro
rata rate over the 12 month period.
76.3 Purchased leave
is subject to the following provisions:
76.3.1 The purchased
leave cannot be accrued and will be refunded where it has not been taken in the
12 month period.
76.3.2 Other leave taken
during the 12 month purchased leave agreement period i.e. sick leave,
recreation leave, extended leave or leave in lieu will be paid at the purchased
leave rate of pay.
76.3.3 Sick leave cannot
be taken during a period of purchased leave.
76.3.4 The purchased
leave rate of pay will be the salary for all purposes including superannuation
and shift loadings.
76.3.5 Overtime and
salary related allowances not paid during periods of recreation leave will be
calculated using the employee’s hourly rate based on the ordinary rate of pay.
76.3.6 Temporary
Assignment Allowance will not be paid when a period of purchased leave is
taken.
76.4 Specific
conditions governing purchased leave may be amended from time to time by the
Secretary in consultation with the Association. Departments may make adjustments
relating to their salary administration arrangements.
77. Recreation Leave
77.1 Accrual
77.1.1 Except where
stated otherwise in this award, paid recreation leave for full time employees
and recreation leave for employees working part time, accrues at the rate of 20
working days per year. Employees working part time will accrue paid recreation
leave on a pro rata basis, which will be determined on the average weekly hours
worked per leave year.
77.1.2 Additional
recreation leave, at the rate of 5 days per year, accrues to an employee,
employed in terms of the Act, who is stationed indefinitely in a remote area of
the State, being the Western and Central Division of the State described as
such in the Second Schedule to the Crown
Lands Consolidation Act 1913
before its repeal.
77.1.3 Recreation leave
accrues from day to day.
77.2 Limits on
Accumulation and Direction to Take Leave
77.2.1 At least two (2)
consecutive weeks of recreation leave will be taken by an employee every 12
months, except by agreement with the Department Head in special circumstances.
77.2.2 Where the
operational requirements permit, the application for leave will be dealt with
by the Department Head according to the wishes of the employee.
77.2.3 The Department
Head will notify the employee in writing when accrued recreation leave reaches
6 weeks or its hourly equivalent and at the same time may direct an employee to
take at least 2 weeks’ recreation leave within 3 months of the notification at
a time convenient to the Department.
77.2.4 The Department
Head will notify the employee in writing when accrued recreation leave reaches
8 weeks or its hourly equivalent and direct the employee to take at least 2
weeks’ recreation leave within 6 weeks of the notification. Such leave is to be
taken at a time convenient to the Department.
77.2.5 An employee must
take their recreation leave to reduce all balances below 8 weeks or its hourly
equivalent, and the Department must cooperate in this process. The Department may direct an employee with
more than 8 weeks to take their recreation leave so that it is reduced to below
8 weeks by school term one 2010.
77.3 Conservation of
Leave - If the Department Head is satisfied that an employee is prevented by
operational or personal reasons from taking sufficient recreation leave to
reduce the accrued leave below an acceptable level of between 4 and 6 weeks or
its hourly equivalent, the Department Head will: -
77.3.1 specify in writing
the period of time during which the excess will be conserved; and
77.3.2 on the expiration
of the period during which conservation of leave applies, grant sufficient
leave to the employee at a mutually convenient time to enable the accrued leave
to be reduced to an acceptable level below the 8 week limit.
77.3.3 a Department Head
will inform an employee in writing on a regular basis of the employee’s
recreation leave accrual.
77.4 Miscellaneous
77.4.1 Unless a local
arrangement has been negotiated between the Department Head and the
Association, recreation leave is not to be granted for a period less than a
quarter-day or in other than multiples of a quarter day.
77.4.2 Recreation leave
for which an employee is eligible on cessation of employment is to be
calculated to a quarter day (fractions less than a quarter being rounded up).
77.4.3 Recreation leave
does not accrue to an employee in respect of any period of absence from duty
without leave or without pay, except as specified in paragraph 77.4.4 of this
subclause.
77.4.4 Recreation leave
accrues during any period of leave without pay granted on account of incapacity
for which compensation has been authorised to be paid under the Workers
Compensation Act 1987; or
any period of sick leave without pay or any other approved leave without pay,
not exceeding 5 full time working days, or their part time equivalent, in any
period of 12 months.
77.4.5 The proportionate
deduction to be made in respect of the accrual of recreation leave on account
of any period of absence referred to in paragraph 77.4.4 of this subclause will
be calculated to an exact quarter-day (fractions less than a quarter being
rounded down).
77.4.6 Recreation leave
accrues at half its normal accrual rate during periods of extended leave on
half pay or recreation leave taken on half pay.
77.4.7 Recreation leave
may be taken on half pay in conjunction with and subject to the provisions
applying to adoption, maternity or parental leave - see clause 75, Parental
Leave, of this award.
77.4.8 On cessation of
employment, an employee is entitled to be paid, the monetary value of accrued
recreation leave which remains untaken.
77.4.9 An employee to
whom paragraph 77.4.8 of this subclause applies may elect to take all or part
of accrued recreation leave which remains untaken at cessation of active duty
as leave or as a lump sum payment; or as a combination of leave and lump sum
payment.
77.5 Death - Where an
employee dies, the monetary value of recreation leave accrued and remaining
untaken as at the date of death, will be paid to the employee’s nominated
beneficiary.
77.6 Where no
beneficiary has been nominated, the monetary value of recreation leave is to be
paid as follows: -
77.6.1 to the widow or
widower of the employee; or
77.6.2 if there is no
widow or widower, to the children of the employee or, if there is a guardian of
any children entitled under this subclause, to that guardian for the children's
maintenance, education and advancement; or
77.6.3 if there is no
such widow, widower or children, to the person who, in the opinion of the
Department Head was, at the time of the employee's death, a dependent relative
of the employee; or
77.6.4 if there is no
person entitled under paragraphs 77.6.1, 77.6.2 or 77.6.3 of this subclause to
receive the monetary value of any leave not taken or not completed by an
employee or which would have accrued to the employee, the payment will be made
to the personal representative of the employee.
77.7 Additional
compensation for rostered work performed by shift workers on Sundays and Public
Holidays
Shift workers who are rostered to work their ordinary hours
on Sundays and/or Public Holidays during the period 1 December of one year to
30 November, of the following year, or part thereof, will be entitled to
receive additional annual leave or payment as provided for in subclauses 87.7
or 87.8 respectively of clause 87, Shift Work, of this award.
77.8 Recreation leave
does not accrue during leave without pay other than
77.8.1 military leave
taken without pay when paid military leave entitlements are exhausted;
77.8.2 absences due to
natural emergencies or major transport disruptions, when all other paid leave
is exhausted;
77.8.3 any continuous
period of sick leave taken without pay when paid sick leave is exhausted;
77.8.4 incapacity for
which compensation has been authorised under the Workplace Injury Management
and Workers Compensation Act 1998;
or
77.8.5 periods which,
when aggregated, do not exceed 5 working days in any period of 12 months.
77.9 An employee
entitled to additional recreation leave under paragraph 77.1.2 of this clause,
or under paragraphs 87.7.6 or 87.8.5 of clause 87, Shift Work of this award,
can elect at any time to cash out the additional recreation leave.
78. Annual Leave Loading
78.1 General - Unless
more favourable conditions apply to an employee under another industrial
instrument, an employee, other than a trainee who is paid by allowance, is
entitled to be paid an annual leave loading as set out in this subclause. Subject
to the provisions set out in subclauses 78.2 to 78.6 of this clause, the annual
leave loading will be 17½% on the monetary value of up to 4 weeks recreation
leave accrued in a leave year.
78.2 Loading on
additional leave accrued - Where additional leave is accrued by an employee: -
78.2.1 as compensation
for work performed regularly on Sundays and/or Public Holidays, the annual
leave loading will be calculated on the actual leave accrued or on five weeks,
whichever is the lower.
78.2.2 if stationed in an
area of the State of New South Wales which attracts a higher rate of annual
leave accrual, the annual leave loading will continue to be paid on a maximum
of 4 weeks leave.
78.3 Shift workers -
Shift workers proceeding on recreation leave are eligible to receive the more
favourable of:
78.3.1 the shift premiums
and penalty rates, or any other allowances paid on a regular basis in lieu
thereof, which they would have received had they not been on recreation leave;
or
78.3.2 17½% annual leave
loading.
78.4 Maximum Loading -
Unless otherwise provided in an Award or Agreement under which the employee is
paid, the annual leave loading payable will not exceed the amount which would
have been payable to an employee in receipt of salary equivalent to the maximum
salary for a Grade 12 Clerk.
78.5 Leave year - For
the calculation of the annual leave loading, the leave year will commence on 1
December each year and will end on 30 November of the following year.
78.6 Payment of annual
leave loading - Payment of the annual leave loading will be made on the
recreation leave accrued during the previous leave year and will be subject to
the following conditions:
78.6.1 Annual leave
loading will be paid on the first occasion in a leave year, other than the
first leave year of employment, when an employee takes at least two (2)
consecutive weeks recreation leave.
Where an employee does not have at
least 2 weeks recreation leave available, the employee may use a combination of
recreation leave and any of the following: public holidays, flex leave,
extended leave, leave without pay, time off in lieu, rostered day off. The
employee will be paid the annual leave loading for such period, provided the
absence is at least 2 weeks.
78.6.2 If at least two
weeks leave, as set out in paragraph 78.6.1 of this subclause, is not taken in
a leave year, then the payment of the annual leave loading entitlement for the
previous leave year will be made to the employee as at 30 November of the
current year.
78.6.3 While annual leave
loading will not be paid in the first leave year of employment, it will be paid
on the first occasion in the second leave year of employment when at least two
weeks’ leave, as specified in paragraph 78.6.1 of this subclause, is taken.
78.6.4 An employee who
has not been paid the annual leave loading for the previous leave year, will be
paid such annual leave loading on resignation, retirement or termination by the
employer for any reason other than the employee's serious and intentional
misconduct.
78.6.5 Except in cases of
voluntary redundancy, proportionate leave loading is not payable on cessation
of employment.
79. Sick Leave
79.1 Illness in this
clause and in clauses 80 and 81 of this award means physical or psychological
illness or injury, medical treatment and the period of recovery or
rehabilitation from an illness or injury.
79.2 Payment for sick
leave is subject to the employee:
79.2.1 informing their
supervisor as soon as reasonably practicable that they are unable to perform
duty because of illness. This must be
done as close to the employee’s starting time as possible; and
79.2.2 providing evidence
of illness as soon as practicable if required by clause 80, Sick Leave -
Requirements for Evidence of Illness of this award.
79.3 If the Department
Head is satisfied that an employee is unable to perform duty because of the
employee's illness or the illness of his/her family member, the Department
Head:
79.3.1 will grant to the
employee sick leave on full pay; and
79.3.2 may grant to the
employee, sick leave without pay if the absence of the employee exceeds the
entitlement of the employee under this award to sick leave on full pay.
79.4 The Department
Head may direct an employee to take sick leave if they are satisfied that, due
to the employee’s illness, the employee:
79.4.1 is unable to carry
out their duties without distress; or
79.4.2 risks further
impairment of their health by reporting for duty; or
79.4.3 is a risk to the
health, wellbeing or safety of other employees, Departmental clients or members
of the public.
79.5 The Department
Head may direct an employee to participate in a return to work program if the
employee has been absent on a long period of sick leave.
79.6 Entitlements. An employee appointed after 13 November 2008
commenced accruing sick leave in accordance with this clause immediately. Existing employees at 13 November 2008
commenced accruing sick leave in accordance with this clause from 1 January
2009 onwards.
79.6.1 At the
commencement of employment with the Public Service, a full-time employee is
granted an accrual of 5 days sick leave.
79.6.2 After the first
four months of employment, the employee will accrue sick leave at the rate of
10 working days per year for the balance of the first year of service.
79.6.3 After the first
year of service, the employee will accrue sick leave day to day at the rate of
15 working days per year of service.
79.6.4 All continuous
service as an employee in the NSW public service will be taken into account for
the purpose of calculating sick leave due. Where the service in the NSW public
service is not continuous, previous periods of public service will be taken
into account for the purpose of calculating sick leave due if the previous sick
leave records are available.
79.6.5 Notwithstanding
the provisions of paragraph 79.6.4 of this subclause, sick leave accrued and
not taken in the service of a public sector employer may be accessed in terms
of Part 3, Division 2 Cross-government sector leave arrangements of the Government Sector Employment Regulation 2014.
79.6.6 Sick leave without
pay will count as service for the accrual of recreation leave and paid sick
leave. In all other respects sick leave
without pay will be treated in the same manner as leave without pay.
79.6.7 When determining
the amount of sick leave accrued, sick leave granted on less than full pay,
will be converted to its full pay equivalent.
79.6.8 Paid sick leave
will not be granted during a period of unpaid leave.
79.7 Payment during
the initial 3 months of service - Paid sick leave which may be granted to an
employee, other than a seasonal or relief employee, in the first 3 months of
service will be limited to 5 days paid sick leave, unless the Department Head
approves otherwise. Paid sick leave in excess of 5 days granted in the first 3
months of service must be supported by a satisfactory medical certificate.
79.8 Seasonal or
relief staff - No paid sick leave will be granted to temporary employees who
are employed as seasonal or relief staff for a period of less than 3 months.
80. Sick Leave -
Requirements for Evidence of Illness
80.1 An employee
absent from duty for more than 2 consecutive working days because of illness
must furnish evidence of illness to the Department Head in respect of the
absence.
80.2 In addition to
the requirements under subclause 79.2 of clause 79, Sick Leave, of this award,
an employee may absent themselves for a total of 5 working days due to illness
without the provision of evidence of illness to the Department Head. Employees who absent themselves in excess of
5 working days in a calendar year may be required to furnish evidence of
illness to the Department Head for each occasion absent for the balance of the
calendar year.
80.3 As a general
practice backdated medical certificates will not be accepted. However, if an employee provides evidence of
illness that only covers the latter part of the absence, they can be granted
sick leave for the whole period if the Department Head is satisfied that the
reason for the absence is genuine.
80.4 If an employee is
required to provide evidence of illness for an absence of 2 consecutive working
days or less, the Department Head will advise them in advance.
80.5 If the Department
Head is concerned about the diagnosis described in the evidence of illness
produced by the employee, after discussion with the employee, the evidence
provided and the employee's application for leave can be referred to the
Department’s Government or other nominated medical assessor for advice.
80.5.1 The type of leave
granted to the employee will be determined by the Department Head based on the
medical assessor’s advice.
80.5.2 If sick leave is
not granted, the Department Head will, as far as practicable, take into account
the wishes of the employee when determining the type of leave granted.
80.6 The granting of
paid sick leave will be subject to the employee providing evidence which
indicates the nature of illness or injury and the estimated duration of the
absence. If an employee is concerned
about disclosing the nature of the illness to their manager they may elect to
have the application for sick leave dealt with confidentially by an alternate
manager or the human resources section of the Department.
80.7 The reference in
this clause to evidence of illness will apply, as appropriate:
80.7.1 up to one week may
be provided by a registered dentist, optometrist, chiropractor, osteopath,
physiotherapist, oral and maxillo facial surgeon or, at the Department Head's
discretion, another registered health services provider, or
80.7.2 where the absence
exceeds one week, and unless the health provider listed in paragraph 80.7.1 of
this subclause is also a registered medical practitioner, applications for any
further sick leave must be supported by evidence of illness from a registered
medical practitioner, or
80.7.3 at the Department
Head’s discretion, other forms of evidence that satisfy that an employee had a
genuine illness.
80.8 If an employee
who is absent on recreation leave or extended leave, furnishes to the
Department Head satisfactory evidence of illness in respect of an illness which
occurred during the leave, the Department Head may, subject to the provisions
of this clause, grant sick leave to the employee as follows:
80.8.1 in respect of
recreation leave, the period set out in the evidence of illness;
80.8.2 in respect of
extended leave, the period set out in the evidence of illness if such period is
5 working days or more.
80.9 Subclause 80.8 of
this clause applies to all employees other than those on leave prior to
resignation or termination of services, unless the resignation or termination
of services amounts to a retirement.
81. Sick Leave to Care
for a Family Member
81.1 Where family and
community service leave provided for in clause 71 of this award is exhausted or
unavailable, an employee with responsibilities in relation to a category of
person set out in subclause 81.4 of this clause who needs the employee's care
and support, may elect to use available paid sick leave, subject to the
conditions specified in this clause, to provide such care and support when a
family member is ill.
81.2 The sick leave
will initially be taken from the sick leave accumulated over the previous 3
years. In special circumstances, the Department Head may grant additional sick
leave from the sick leave accumulated during the employee’s eligible service.
81.3 If required by
the Department Head to establish the illness of the person concerned, the
employee must provide evidence consistent with subclause 80.6 of clause 80,
Sick Leave - Requirements for Evidence of Illness, of this award.
81.4 The entitlement
to use sick leave in accordance with this clause is subject to:-
81.4.1 the employee being
responsible for the care and support of the person concerned; and
81.4.2 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 or legal
guardian), grandparent, grandchild or sibling of the employee or of the spouse
or 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; or a relative of the employee who is a
member of the same household, where for the purposes of this definition: -
"relative" means a
person related by blood, marriage, affinity or Aboriginal kinship structures;
"affinity" means a
relationship that one spouse or partner has to the relatives of the other; and
"household" means a
family group living in the same domestic dwelling.
82. Sick Leave -
Workers Compensation
82.1 The Department
Head will advise each employee of the rights under the Workers Compensation
Act 1987, as amended from
time to time, and will give such assistance and advice, as necessary, in the
lodging of any claim.
82.2 An employee who
is or becomes unable to attend for duty or to continue on duty in circumstances
which may give the employee a right to claim compensation under the Workers
Compensation Act 1987 will
be required to lodge a claim for any such compensation.
82.3 Where, due to the
illness or injury, the employee is unable to lodge such a claim in person, the
Department Head will assist the employee or the representative of the employee,
as required, to lodge a claim for any such compensation.
82.4 The Department
Head will ensure that, once received by the Department, an employee’s workers
compensation claim is lodged by the Department with the workers compensation
insurer within the statutory period prescribed in the Workers Compensation Act 1987.
82.5 Pending the
determination of that claim and on production of an acceptable medical
certificate, the Department Head will grant sick leave on full pay for which the
employee is eligible followed, if necessary, by sick leave without pay or, at
the employee's election by accrued recreation leave or extended leave.
82.6 If liability for
the workers compensation claim is accepted, then an equivalent period of any sick
leave taken by the employee pending acceptance of the claim will be restored to
the credit of the employee.
82.7 An employee who
continues to receive compensation after the completion of the period of 26
weeks referred to in section 36 of the Workers
Compensation Act 1987 may
use any accrued and untaken sick leave to make up the difference between the
amount of compensation payable under that Act and the employee's ordinary rate
of pay. Sick leave utilised in this way will be debited against the employee.
Note: Following the decision in Public
Service Association and Professional Officers’ Association Amalgamated Union of
New South Wales v Industrial Relations Secretary [2017] NSWSC 1473, this
clause only applies to firefighters to whom cl 25 of Pt 16H of Sch 6 of the Workers
Compensation Act 1987 applies, whilst they are engaged in firefighting
duties.
82.7.1 Before approving
the use of sick leave in this subclause, the Department Head must be satisfied
that the employee is complying with the obligations imposed by the Workplace
Injury Management and Workers Compensation Act 1998 which requires that the employee must:
(a) participate and
cooperate in the establishment of the required injury management plan for the
employee;
(b) comply with
obligations imposed on the employee by or under the injury management plan
established for the employee;
(c) when requested
to do so, nominate as their treating doctor for the purposes of the injury
management plan a medical practitioner who is prepared to participate in the
development of, and in the arrangements under, the plan;
(d) authorise the
nominated treating doctor to provide relevant information to the insurer or the
Department Head for the purposes of the injury management plan; and
(e) make all reasonable
efforts to return to work as soon as possible, having regard to the nature of
the injury.
82.8 If an employee
notifies the appropriate Department Head that he or she does not intend to make
a claim for any such compensation, the Department Head will consider the
reasons for the employee's decision and will determine whether, in the
circumstances, it is appropriate to grant sick leave in respect of any such
absence.
82.9 An employee may
be required to submit to a medical examination under the Workers
Compensation Act 1987 in
relation to a claim for compensation under that Act. If an employee refuses to
submit to a medical examination without an acceptable reason, the employee will
not be granted available sick leave on full pay until the examination has
occurred and a medical certificate is issued indicating that the employee is
not fit to resume employment.
82.10 If the Department
Head provides the employee with employment which meets the terms and conditions
specified in the certificate of currency issued under the Workers Compensation Act 1987
and the Workplace Injury Management and
Workers Compensation Act 1998
and, without good reason, the employee fails, to resume or perform such duties,
the employee will be ineligible for all payments in accordance with this clause
from the date of the refusal or failure.
82.11 Nothing in this
clause prevents an employee from appealing a decision or taking action under
other legislation made in respect of:-
82.11.1 the
employee's claim for workers compensation;
82.11.2 the
conduct of a medical examination by a Government or other Medical Officer;
82.11.3 a
medical certificate issued by the examining Government or other Medical
Officer; or
82.11.4 action
taken by the Department Head either under the Workers Compensation Act 1987 or any other relevant
legislation in relation to a claim for workers compensation, medical
examination or medical certificate.
83. Sick Leave -
Claims Other Than Workers Compensation
83.1 If the
circumstances of any injury to or illness of an employee give rise to a claim
for damages or to compensation, other than compensation under the Workers
Compensation Act 1987, sick
leave on full pay may, subject to and in accordance with this clause, be
granted to the employee on completion of an acceptable undertaking that: -
83.1.1 any such claim, if
made, will include a claim for the value of any period of paid sick leave
granted by the Department to the employee; and
83.1.2 in the event that
the employee receives or recovers damages or compensation pursuant to that
claim for loss of salary or wages during any such period of sick leave, the
employee will repay to the Department the monetary value of any such period of
sick leave.
83.2 Sick leave on
full pay will not be granted to an employee who refuses or fails to complete an
undertaking, except in cases where the Department Head is satisfied that the
refusal or failure is unavoidable.
83.3 On repayment to
the Department of the monetary value of sick leave granted to the employee,
sick leave equivalent to that repayment and calculated at the employee’s
ordinary rate of pay, will be restored to the credit of the employee.
84. Special Leave
84.1 Special Leave -
Jury Service
84.1.1 An employee must,
as soon as possible, notify the Department Head of the details of any jury
summons served on the employee.
84.1.2 An employee who,
during any period when required to be on duty, attends a court in answer to a
jury summons will, upon return to duty after discharge from jury service,
provide to the Department Head a
certificate of attendance issued by the Sheriff or by the Registrar of the
court giving particulars of attendances by the employee during any such period
and the details of any payment or payments made to the employee under section
72 of the Jury Act 1977 in respect of any such period.
84.1.3 When a certificate
of attendance on jury service is received in respect of any period during which
an employee was required to be on duty, the Department Head will grant, for the
period for which the employee has been paid out-of-pocket expenses only,
special leave on full pay. In any other case, the Department Head will grant,
at the sole election of the employee, available recreation leave on full pay,
flex leave or leave without pay.
84.2 Witness at Court
- Official Capacity - When an employee is subpoenaed or called as a witness in
an official capacity, the employee will be regarded as being on duty. Salary
and any expenses properly and reasonably incurred by the employee in connection
with the employee’s appearance at court as a witness in an official capacity
will be paid by the Department.
84.3 Witness at Court
- Other than in Official Capacity - Crown Witness – An employee who is
subpoenaed or called as a witness by the Crown (whether in right of the
Commonwealth or in right of any State or Territory of the Commonwealth) will:
84.3.1 be granted, for
the whole of the period necessary to attend as such a witness, special leave on
full pay; and
84.3.2 pay into the
Treasury of the State of New South Wales all money paid to the employee under
or in respect of any such subpoena or call other than any such money so paid in
respect of reimbursement of necessary expenses properly incurred in answer to
that subpoena or call.
84.3.3 Association
witness – an employee called by the Association to give evidence before an Industrial
Tribunal or in another jurisdiction will be granted special leave by the
Department for the required period.
84.4 Called as a
witness in a private capacity – An employee who is subpoenaed or called as a
witness in a private capacity will, for the whole of the period necessary to
attend as such a witness, be granted at the employee's election, available
recreation leave on full pay or leave without pay.
84.5 Special Leave -
Examinations -
84.5.1 Special leave on
full pay up to a maximum of 5 days in any one year will be granted to employees
for the purpose of attending at any examination approved by the Department
Head.
84.5.2 Special leave
granted to attend examinations will include leave for any necessary travel to
or from the place at which the examination is held.
84.5.3 If an examination
for a course of study is held during term or semester within the normal class
timetable and study time has been granted to the employee, no further leave is
granted for any examination.
84.6 Special Leave -
Union Activities - Special leave on full pay may be granted to employees who
are accredited Association delegates to undertake Association activities as
provided for in clause 54, Trade Union Activities Regarded as Special Leave of
this award.
84.7 Return Home When
Temporarily Living Away from Home - Sufficient special leave will be granted to
an employee who is temporarily living away from home as a result of work
requirements. The employee will be granted sufficient special leave once a
month before or after a weekend or a long weekend or, in the case of a shift
worker before or after rostered days off to return home to spend two days and
two nights with the family. If the employee wishes to return home more often,
such employee may be granted recreation leave, extended leave or flex leave to
credit or leave without pay, if the operational requirements allow.
84.8 Return Home When
Transferred to New Location - Special leave will be granted to an employee who
has moved to the new location ahead of dependants, to visit such dependants,
subject to the conditions specified in the Crown Employees (Transferred Employees Compensation) Award.
84.9 An employee who
identifies as an Indigenous Australian will be granted up to one day special
leave per year to enable the employee to participate in the National Aborigines
and Islander Day of Commemoration Celebrations. Leave can be taken at any time
during NAIDOC week, or in the weeks leading up to and after NAIDOC week as
negotiated between the supervisor and employee.
84.10 Special Leave -
Other Purposes - Special leave on full pay may be granted to employees by the
Department Head for such other purposes, subject to the conditions specified in
the Public Service Industrial Relations Guide at the time the leave is taken.
84.11 Matters arising
from domestic violence situations.
When the leave entitlements referred to in clause 84A,
Leave for Matters Arising from Domestic Violence, have been exhausted, the
Department Head will grant up to five days per calendar year to be used for
absences from the workplace to attend to matters arising from domestic violence
situations.
84A. Leave for Matters
Arising from Domestic Violence
84A.1 The definition of
domestic violence is found in clause 3.17 of this award.
84A.2 Leave entitlements
provided for in clause 71, Family and Community Service Leave, clause 79, Sick
Leave and clause 81, Sick Leave to Care for a Family Member, may be used by
employees experiencing domestic violence.
84A.3 Where the leave
entitlements referred to in subclause 84A.2 are exhausted, Department Heads
will grant Special Leave as per subclause 84.11.
84A.4 The Department
Head will need to be satisfied, on reasonable grounds, that domestic violence
has occurred and may require proof presented in the form of an agreed document
issued by the Police Force, a Court, a Doctor, a Domestic Violence Support
Service or Lawyer.
84A.5 Personal
information concerning domestic violence will be kept confidential by the
agency.
84A.6 The Department
Head, where appropriate, may facilitate flexible working arrangements subject
to operational requirements, including changes to working times and changes to
work location, telephone number and email address.
SECTION 7 –
TRAINING AND PROFESSIONAL DEVELOPMENT
85. Employee
Development and Training Activities
85.1 For the purpose
of this clause, the following will be regarded as employee development and
training activities:
85.1.1 all employee
development courses conducted by a NSW Public Sector organisation;
85.1.2 short educational
and training courses conducted by generally recognised public or private
educational bodies; and
85.1.3 conferences,
conventions, seminars, or similar activities conducted by professional, learned
or other generally recognised societies, including Federal or State Government
bodies.
85.2 For the purposes
of this clause, the following will not be regarded as employee development and
training activities: -
85.2.1 activities for
which study assistance is appropriate;
85.2.2 activities to
which other provisions of this award apply (e.g. courses conducted by the
Association); and
85.2.3 activities which
are of no specific relevance to the NSW Public Sector.
85.3 Attendance of an
employee at activities considered by the Department Head to be:
85.3.1 essential for the
efficient operation of the Department; or
85.3.2 developmental and
of benefit to the NSW public sector
will be regarded as on duty for the purpose of payment
of salary if an employee attends such an activity during normal working hours.
85.4 The following
provisions will apply, as appropriate, to the activities considered to be
essential for the efficient operation of the Department:
85.4.1 recognition that
the employee is performing normal duties during the course;
85.4.2 adjustment for the
hours so worked under flexible working hours;
85.4.3 payment of course
fees:
85.4.4 payment of all
actual necessary expenses or payment of allowances in accordance with this
award, provided that the expenses involved do not form part of the course and
have not been included in the course fees; and
85.4.5 payment of overtime
where the activity could not be conducted during the employee’s normal hours
and the Department Head is satisfied that the approval to attend constitutes a
direction to work overtime under clause 88, Overtime – General, of this award.
85.5 The following
provisions will apply, as appropriate, to the activities considered to be
developmental and of benefit to the Department:
85.5.1 recognition of the
employee as being on duty during normal working hours whilst attending the
activity;
85.5.2 payment of course
fees;
85.5.3 reimbursement of
any actual necessary expenses incurred by the employee for travel costs, meals
and accommodation, provided that the expenses have not been paid as part of the
course fee; and
85.5.4 such other
conditions as may be considered appropriate by the Department Head given the
circumstances of attending at the activity, such as compensatory leave for
excess travel or payment of travelling expenses.
85.6 Where the
training activities are considered to be principally of benefit to the employee
and of indirect benefit to the public service, special leave of up to 10 days
per year will be granted to an employee. If additional leave is required and
the Department Head is able to release the employee, such leave will be granted
as a charge against available flex leave, recreation/extended leave or as leave
without pay.
85.7 Temporary
Assignment Allowance – Payment of a temporary assignment allowance is to
continue where the employee attends a training or developmental activity whilst
on duty in accordance with this clause.
86. Study Assistance
86.1 The Department
Head will have the power to grant or refuse study time.
86.2 Where the
Department Head approves the grant of study time, the grant will be subject to:
86.2.1 the course being a
course relevant to the Department and/or the public service;
86.2.2 the time being
taken at the convenience of the Department; and
86.2.3 paid study time
not exceeding a maximum of 4 hours per week, to accrue on the basis of half an
hour for each hour of class attendance.
86.3 Study time may be
granted to both full and part-time employees. Part-time employees however will
be entitled to a pro-rata allocation of study time to that of a full-time
employee.
86.4 Study time may be
used for:
86.4.1 attending
compulsory lectures, tutorials, residential schools, field days etc., where
these are held during working hours; and/or
86.4.2 necessary travel
during working hours to attend lectures, tutorials etc., held during or outside
working hours; and/or
86.4.3 private study;
and/or
86.4.4 accumulation,
subject to the conditions specified in subclauses 86.6 to 86.10 of this clause.
86.5 Employees
requiring study time must nominate which of the following type(s) of study time
are preferred at the time of application and prior to the proposed commencement
of the academic period: -
86.5.1 face-to-Face -
Employees may elect to take weekly and/or accrued study time, subject to the
provisions for its grant.
86.5.2 distance education
- Employees may elect to take weekly and/or accrued study time, or time off to
attend compulsory residential schools.
86.5.3 accumulation -
Employees may choose to accumulate part or all of their study time as provided
in subclauses 86.6 to 86.10 of this clause.
86.6 Accumulated study
time may be taken in any manner or at any time, subject to operational
requirements of the Department.
86.7 Employees on
rotating shifts may accumulate study time so that they can take leave for a
full shift, where this would be more convenient to both the employee and the
Department.
86.8 Where at the
commencement of an academic year/semester an employee elects to accrue study
time and that employee has consequently foregone the opportunity of taking
weekly study time, the accrued period of time off must be granted even if
changed work circumstances mean absence from duty would be inconvenient.
86.9 Employees
attempting courses which provide for annual examinations, may vary the election
as to accrual, made at the commencement of an academic year, effective from 1st
July in that year.
86.10 Where an employee
is employed after the commencement of the academic year, weekly study time may
be granted with the option of electing to accrue study time from 1st July in
the year of entry on duty or from the next academic year, whichever is the
sooner.
86.11 Employees studying
in semester based courses may vary their election as to accrual or otherwise
from semester to semester.
86.12 Distance education
courses - Study time for employees studying by distance education accrues on
the basis of half an hour for each hour of lecture/tutorial attendance involved
in the corresponding face-to-face course, up to a maximum grant of 4 hours per
week. Where there is no corresponding face-to-face course, the training
institution should be asked to indicate what the attendance requirements would
be if such a course existed.
86.13 Distance education
students may elect to take weekly study time and/or may accrue study time and
take such accrued time when required to attend compulsory residential schools.
86.14 Repeated subjects
- Study time will not be granted for repeated subjects.
86.15 Expendable grant -
Study time if not taken at the nominated time will be forfeited. If the
inability to take study time occurs as a result of a genuine emergency at work,
study time for that week may be granted on another day during the same week.
86.16 Examination Leave
- Examination leave will be granted as special leave for all courses of study
approved in accordance with this clause.
86.17 The period granted
as examination leave will include:
86.17.1 time
actually involved in the examination;
86.17.2 necessary
travelling time, in addition to examination leave,
but is limited to a maximum of 5 days
in any one year. Examination leave is not available where an examination is
conducted within the normal class timetable during the term/semester and study
time has been granted to the employee.
86.18 The examination
leave will be granted for deferred examinations and in respect of repeat
studies.
86.19 Study Leave -
Study leave for full-time study is granted to assist those employees who win
scholarships/fellowships/awards or who wish to undertake full-time study and/or
study tours. Study leave may be granted for studies at any level, including
undergraduate study.
86.20 All employees are
eligible to apply and no prior service requirements are necessary.
86.21 Study leave will
be granted without pay, except where the Department Head approves financial
assistance. The extent of financial assistance to be provided will be
determined by the Department Head according to the relevance of the study to
the workplace and may be granted up to the amount equal to full salary.
86.22 Where financial
assistance is approved by the Department Head for all or part of the study
leave period, the period will count as service for all purposes in the same
proportion as the quantum of financial assistance bears to full salary of the
employee.
86.23 Scholarships for
Part-Time Study - In addition to the study time/study leave provisions under
this clause, the Department may choose to identify courses or educational
programmes of particular relevance or value and establish a Departmental
scholarship to encourage participation in these courses or programmes. The
conditions under which such scholarships are provided should be consistent with
the provisions of this clause.
SECTION 8 - SHIFT
WORK AND OVERTIME
87. Shift Work
87.1 Shift Loadings -
A shift worker employed on a shift will be paid, for work performed during the
ordinary hours of any such shift, ordinary rates plus the following additional
shift loadings depending on the commencing times of shifts:
Day - at or after 6am and before 10am
|
Nil
|
Afternoon - at or after 10am and before 1pm
|
10.0%
|
Afternoon - at or after 1pm and before 4pm
|
12.5%
|
Night - at or after 4pm and before 4am
|
15.0%
|
Night - at or after 4am and before 6am
|
10.0%
|
87.2 The loadings
specified in subclause 87.1 of this clause will only apply to shifts worked
from Monday to Friday.
87.3 Weekends and
Public Holidays - For the purpose of this clause any shift, the major portion
of which is worked on a Saturday, Sunday or Public Holiday will be deemed to
have been worked on a Saturday, Sunday or Public Holiday and will be paid as
such.
87.4 Saturday Shifts -
Shift workers working on an ordinary rostered shift between midnight on Friday
and midnight on Saturday which is not a public holiday, will be paid for such
shifts at ordinary time and one half.
87.5 Sunday Shifts -
Shift workers working on an ordinary rostered shift between midnight on
Saturday and midnight on Sunday which is not a public holiday, will be paid for
such shifts at ordinary time and three quarters.
87.6 Public Holidays -
With the exception of classifications listed in subclauses 87.7 and 87.8 of
this clause, the following will apply:
87.6.1 where a shift
worker is required to and does work on a Public Holiday, the shift worker will
be paid at two and a half times the rate for time worked. Such payment will be
in lieu of weekend or shift allowances which would have been payable if the day
had not been a Public Holiday;
87.6.2 a shift worker
rostered off duty on a Public Holiday can elect to be paid one day’s pay for
that Public Holiday or to have one day added to his/her annual holidays for
each such day;
87.7 Shift
workers employed in the classifications of:
Regulatory Officers, Biosecurity Act - Department of Planning,
Industry and Environment
Security Officers - Art Gallery of NSW
Attendants - Australian Museum
Clinical Neuro Psychologist - Department of Communities and
Justice
Clerks, Psychologists, Welfare Officers - Metropolitan Remand and
Reception Centre (IDS) - Department of Communities and Justice
Gallery Service Officers - Art Gallery of NSW
Staff Resource Units – Disability Services - Department of
Communities and Justice
will receive the following:
87.7.1 For ordinary
rostered time worked on a Saturday - ordinary salary and an additional payment
at the rate of half time.
87.7.2 For ordinary
rostered time worked on a Sunday - ordinary salary and an additional payment at
the rate of three quarter time.
87.7.3 When rostered off
on a public holiday - ordinary salary and an additional day’s pay.
87.7.4 When rostered on
and works on a public holiday - ordinary salary and an additional payment at
the rate of time and a half.
87.7.5 Annual leave at
the rate of four weeks per year, that is 20 working days plus 8 rest days.
87.7.6 Additional leave
on the following basis:
Number of ordinary
shifts worked on Sunday and/or public holiday during a qualifying period of
12 months from 1 December one year to 30 November the next year
|
Additional leave
|
4-10
|
1 additional day
|
11-17
|
2 additional days
|
18-24
|
3 additional days
|
25-31
|
4 additional days
|
32 or more
|
5 additional days
|
87.8 Shift
workers employed in the classifications of:
Prison Officers
- Department of Communities and Justice
Transitional
Centre Workers - Department of Communities and Justice
Rangers -
Department of Planning, Industry and Environment
Field Officer -
Department of Planning, Industry and Environment
Nurses –
Disability Operations – Department of Communities and Justice
Helpline Staff
- Department of Communities and Justice
will receive the following:
87.8.1 For ordinary
rostered time worked on a Saturday - ordinary salary and an additional payment
at the rate of half time.
87.8.2 For ordinary
rostered time worked on a Sunday - ordinary salary and an additional payment at
the rate of three quarter time.
87.8.3 When rostered off
on a public holiday - no additional compensation or payment.
87.8.4 When rostered on
and works on a public holiday - ordinary salary and an additional payment at
the rate of half time.
87.8.5 Annual leave at
the rate of six weeks per year, that is, 30 working days plus 12 rest days.
87.8.6 Additional payment
on the following basis:
Number of ordinary
shifts worked on Sundays and/or public holidays during a qualifying period of
payment 12 months from 1 December one year to 30 November the next year
|
Additional payment
|
4-10
|
1/5th of one week’s ordinary salary
|
11-17
|
2/5ths of one week’s ordinary salary
|
18-24
|
3/5ths of one week’s ordinary salary
|
25-31
|
4/5ths of one week’s ordinary salary
|
32 or more
|
one week’s ordinary salary
|
87.8.7 The additional
payment in terms of paragraph 87.8.6 of this subclause will be made after 1
December each year for the preceding 12 months.
87.8.8 Where the shift
worker retires or resigns, or the employment of a shift worker is terminated by
the employer, any payment that has accrued from the preceding 1 December until
the last day of service will be paid to the shift worker;
87.8.9 Payment will be
made at the rate applicable as at 1 December each year or at the salary rate
applicable at the date of retirement, resignation or termination.
87.9 Rosters - Rosters
covering a minimum period of 28 days, where practicable, will be prepared and
issued at least 7 days prior to the commencement of the rosters. Each roster
will indicate the starting and finishing time of each shift. Where current or
proposed shift arrangements are incompatible with the shift worker’s family,
religious or community responsibilities, every effort to negotiate individual
alternative arrangements will be made by the Department Head.
87.10 Notice of Change
of Shift - A shift worker who is required to change from one shift to another
shift will, where practicable, be given forty eight (48) hours’ notice of the
proposed change.
87.11 Breaks between
Shifts - A minimum break of eight (8) consecutive hours between ordinary
rostered shifts will be given.
87.12 If a shift worker
resumes or continues to work without having had eight (8) consecutive hours off
duty, the shift worker will be paid overtime in accordance with clause 89,
Overtime Worked by Shift Workers of this award, until released from duty for
eight (8) consecutive hours. The shift
worker will then be entitled to be off duty for at least eight (8) consecutive
hours without loss of pay for ordinary working time which falls during such
absence.
87.13 Time spent off
duty may be calculated by determining the amount of time elapsed after: -
87.13.1 the
completion of an ordinary rostered shift; or
87.13.2 the
completion of authorised overtime; or
87.13.3 the
completion of additional travelling time, if travelling on duty, but does not
include time spent travelling to and from the workplace.
87.14 Daylight Saving -
In all cases where a shift worker works during the period of changeover to and
from daylight saving time, the shift worker will be paid the normal rate for
the shift.
88. Overtime - General
88.1 An employee may
be directed by the Department Head 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 will be taken into account:
88.1.1 the employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements;
88.1.2 any risk to the
employee’s health and safety;
88.1.3 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;
88.1.4 the notice (if
any) given by the Department Head regarding the working of the overtime, and by
the employee of their intention to refuse overtime; or
88.1.5 any other relevant
matter.
88.2 Payment for
overtime will be made only where the employee works directed overtime.
88.3 Where a flexible
working hours scheme is in operation, overtime will be deemed as the hours
directed to be worked before or after bandwidth or before or after the time
specified in a local arrangement made pursuant to the provisions of clause 10,
Local Arrangements of this award provided that, on the day when overtime is
required to be performed, the employee will not be required by the Department
Head to work more than 7 hours after finishing overtime or before commencing
overtime.
88.4 Payment for overtime
worked and/or on-call (standby) allowance will not be made under this clause if
the employee is eligible, under any other industrial instrument, to:
88.4.1 compensation
specifically provided for overtime and/or on-call (standby) allowance; or
88.4.2 be paid an
allowance for overtime and/or on-call (standby) allowance; or
88.4.3 a rate of salary
which has been determined as inclusive of overtime and/or on-call (standby)
allowance.
89. Overtime Worked by
Shift Workers
89.1 The following
rates are payable for any overtime worked by shift workers and will be in
substitution of and not cumulative upon the rates payable for shift work
performed on Monday to Friday, Saturday, Sunday or Public Holiday:
89.1.1 Monday-Friday -
All overtime worked by shift workers Monday to Friday inclusive, will be paid
for at the rate of time and one half for the first two hours and double time
thereafter.
89.1.2 Saturday - All
overtime worked by shift workers on Saturday, will be paid for at the rate of
time and one half for the first two hours and double time thereafter.
89.1.3 Sunday - All
overtime worked by shift workers on a Sunday will be paid for at the rate of
double time.
89.1.4 Public Holidays -
All overtime worked on a public holiday will be paid for at the rate of double
time and one half.
89.2 Eight Consecutive
Hours Break on Overtime - When overtime is necessary, wherever reasonably
practicable, it will be arranged so that shift workers have at least eight (8)
consecutive hours off duty.
89.3 The rest period
off duty will be not less than eight (8) consecutive hours when the overtime is
worked for the purpose of changing shift rosters except where an arrangement
between shift workers alters the ordinary rostered shift and such alteration
results in a rest period of less than eight (8) hours.
90. Overtime Worked by
Day Workers
90.1 The provisions of
this clause will not apply to:
90.1.1 shift workers as
defined in clause 3, Definitions of this award and to whom provisions of clause
87, Shift Work and clause 89, Overtime Worked by Shift Workers, of this award
apply;
90.1.2 employees covered
by formal local arrangements in respect of overtime negotiated between the
Department Head and the Association;
90.1.3 employees to who
overtime provisions apply under another industrial instrument;
90.1.4 employees whose
salary includes compensation for overtime;
90.1.5 employees who
receive an allowance in lieu of overtime; and
90.1.6 Duty Officers,
State Emergency Services during flood alerts on weekends and public holidays
except as provided in clause 97, Compensation for Additional Hours worked by
Duty Officer, State Emergency Services of this award.
90.2 Rates - Overtime
will be paid at the following rates:
90.2.1 weekdays (Monday
to Friday inclusive) - at the rate of time and one-half for the first two hours
and at the rate of double time thereafter for all directed overtime worked
outside the employee’s normal hours of duty, if working standard hours, or
outside the bandwidth, if working under a flexible working hours scheme, unless
local arrangements negotiated in terms of clause 10, Local Arrangements, of
this award apply;
90.2.2 Saturday - All
overtime worked on a Saturday at the rate of time and one-half for the first
two hours and at the rate of double time thereafter;
90.2.3 Sundays - All
overtime worked on a Sunday at the rate of double time;
90.2.4 Public Holidays -
All overtime worked on a public holiday at the rate of double time and one
half.
90.3 If an employee is
absent from duty on any working day during any week in which overtime has been
worked the time so lost may be deducted from the total amount of overtime
worked during the week unless the employee has been granted leave of absence or
the absence has been caused by circumstances beyond the employee’s control.
90.4 An employee who
works overtime on a Saturday, Sunday or public holiday will be paid a minimum
payment as for three (3) hours work at the appropriate rate.
90.5 Rest Periods
90.5.1 An employee who
works overtime will be entitled to be absent until eight (8) consecutive hours
have elapsed.
90.5.2 Where an employee,
at the direction of the supervisor, resumes or continues work without having
had eight (8) consecutive hours off duty then the employee will be paid at the
appropriate overtime rate until released from duty. The employee will then be
entitled to eight (8) consecutive hours off duty and will be paid for the
ordinary working time occurring during the absence.
91. Recall to Duty
91.1 An employee
recalled to work overtime after leaving the employer’s premises will be paid
for a minimum of three (3) hours work at the appropriate overtime rates.
91.2 The employee will
not be required to work the full three (3) hours if the job can be completed
within a shorter period.
91.3 When an employee
returns to the place of work on a number of occasions in the same day and the
first or subsequent minimum pay period overlap into the next call out period,
payment will be calculated from the commencement of the first recall until
either the end of duty or three (3) hours from the commencement of the last
recall, whichever is the greater. Such time will be calculated as one
continuous period.
91.4 When an employee
returns to the place of work on a second or subsequent occasion and a period of
three (3) hours has elapsed since the employee was last recalled, overtime will
only be paid for the actual time worked in the first and subsequent periods
with the minimum payment provision only being applied to the last recall on the
day.
91.5 A recall to duty
commences when the employee starts work and terminates when the work is
completed. A recall to duty does not include time spent travelling to and from
the place at which work is to be undertaken.
91.6 An employee
recalled to duty within three (3) hours of the commencement of normal hours of
duty will be paid at the appropriate overtime rate from the time of recall to
the time of commencement of such normal work.
91.7 This clause will
not apply in cases where it is customary for an employee to return to the
Department’s premises to perform a specific job outside the employee’s normal
hours of duty, or where overtime is continuous with the completion or
commencement of normal hours of duty. Overtime worked in these circumstances
will not attract the minimum payment of three (3) hours unless the actual time
worked is three (3) or more hours.
92. On-Call (Stand-By)
and On-Call Allowance
92.1 Unless already
eligible for an on-call allowance under another industrial instrument, an
employee will be:
92.1.1 entitled to be
paid the on call allowance set out in Item 13 of Table 1 - Allowances of Part
B, Monetary Rates when directed by the Department to be on call or on standby
for a possible recall to duty outside the employee's working hours;
92.1.2 if an employee who
is on call and is called out by the Department, the overtime provisions as set
out in clause 89, Overtime Worked by Shift Workers or clause 90, Overtime
Worked by Day Workers, of this award, whichever is appropriate, will apply to
the time worked;
92.1.3 where work
problems are resolved without travel to the place of work whether on a weekday,
weekend or public holiday, work performed will be compensated at ordinary time
for the time actually worked, calculated to the next 15 minutes.
93. Overtime Meal
Breaks
93.1 Employees not
working flexible hours – an employee required to work overtime on weekdays for
an hour and a half or more after the employee’s normal hours of duty on
weekdays, will be allowed 30 minutes for a meal and thereafter, 30 minutes for
a meal after every five hours of overtime worked.
93.2 Employees working
flexible hours – An employee required to work overtime on weekdays beyond 6.00
p.m. and until or beyond eight and a half hours after commencing duty plus the
time taken for lunch, will be allowed 30 minutes for a meal and thereafter, 30
minutes for a meal after every five hours of overtime worked.
93.3 Employees
Generally - An employee required to work overtime on a Saturday, Sunday or
Public Holiday, will be allowed 30 minutes for a meal after every five hours of
overtime worked. An employee who is unable to take a meal break and who works
for more than five hours will be given a meal break at the earliest
opportunity.
94. Overtime Meal
Allowances
94.1 If an adequate
meal is not provided by the Department, a meal allowance will be paid by the
Department at the appropriate rate specified in Item 19 of Table 1 - Allowances
of Part B, Monetary Rates, provided the Department Head is satisfied that:
94.1.1 the time worked is
directed overtime;
94.1.2 the employee
properly and reasonably incurred expenditure in obtaining the meal in respect
of which the allowance is sought;
94.1.3 where the employee
was able to cease duty for at least 30 minutes before or during the working of
overtime to take the meal, the employee did so; and
94.1.4 overtime is not
being paid in respect of the time taken for a meal break.
94.2 Where an
allowance payable under this clause is insufficient to reimburse the employee
the cost of a meal, properly and reasonably incurred, the Department Head will
approve payment of actual expenses.
94.3 Where a meal was
not purchased, payment of a meal allowance will not be made.
94.4 Receipts will be
provided to the Department Head or his/her delegate in support of any claims
for additional expenses or when the employee is required to substantiate the
claim.
94.5 Notwithstanding
the above provisions, nothing in this clause will prevent the Department Head
and the Association from negotiating different meal provisions under a local
arrangement.
95. Rate of Payment
for Overtime
An employee whose salary, or salary and allowance in
the nature of salary, exceeds the maximum rate for Clerk Grade 8, as varied
from time to time, will be paid for working directed overtime at the maximum
rate for Clerk, Grade 8 plus $1.00, unless the Department Head approves payment
for directed overtime at the employee’s salary or, where applicable, salary and
allowance in the nature of salary.
96. Payment for
Overtime or Leave in Lieu
96.1 The Department
Head will grant compensation for directed overtime worked either by payment at
the appropriate rate or, if the employee so elects, by the grant of leave in
lieu in accordance with subclause 96.2 of this clause.
96.2 The following
provisions will apply to the leave in lieu:
96.2.1 The employee will
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.
96.2.2 The leave will be
calculated at the same rate as would have applied to the payment of overtime in
terms of this clause.
96.2.3 The leave must be
taken at the convenience of the Department, except when leave in lieu is being
taken to look after a sick family member. In such cases, the conditions set out
in clause 81, Sick Leave to Care for a Sick Family Member, of this award apply.
96.2.4 The leave will be
taken in multiples of a quarter day, unless debiting of leave in hours or in
fractions of an hour has been approved in the employee’s Department or section.
96.2.5 Leave in lieu
accrued in respect of overtime will be given by the Department and taken by the
employee within three months of accrual unless alternate local arrangements
have been negotiated between the Department Head and the Association.
96.2.6 An employee will
be paid for the balance of any overtime entitlement not taken as leave in lieu.
97. Compensation for
Additional Hours Worked by Duty Officer, State Emergency Services
97.1 The time spent at
home as Duty Officer, State Emergency Services during flood alerts on weekends
and public holidays, will be compensated by: -
97.1.1 payment at the
rate of one third of one day’s pay for each tour of duty; or
97.1.2 if so desired by
the employee concerned, the granting of time off in lieu of payment calculated
in accordance with clause 96, Payment for Overtime or Leave in Lieu, of this
award.
98. Calculation of
Overtime
98.1 Unless a minimum
payment in terms of subclause 90.4 of clause 90, Overtime Worked by Day
Workers, of this award applies, overtime will not be paid if the total period
of overtime worked is less than a quarter of an hour.
98.2 The formula for
the calculation of overtime at ordinary rates for staff members employed on a
five (5) day basis will be:
Annual salary
|
x
|
5
|
x
|
1
|
1
|
|
260.89
|
|
No of ordinary
hours of work per week
|
98.3 The formula for
the calculation of overtime at ordinary rates for staff members employed on a
seven (7) day basis will be: -
Annual salary
|
x
|
7
|
x
|
1
|
|
|
365.25
|
|
No of ordinary
hours of work per week
|
98.4 To determine time
and one half, double time or double time and one half, the hourly rate at
ordinary time will be multiplied by 3/2, 2/1 or 5/2 respectively, calculated to
the nearest cent.
98.5 Overtime is not
payable for time spent travelling.
99. Provision of
Transport in Conjunction with Working of Overtime
99.1 For the purpose
of this clause, departure or arrival after 8.00 p.m. will determine whether the
provisions of this clause apply.
Departure or arrival after 8.00 p.m. of an employee on
overtime or a regular or rotating shift roster does not in itself warrant the
provision of transport. It needs to be demonstrated that the normal means of
transport, public or otherwise, is not reasonably available and/or that travel
by such means of transport places the safety of the employee at risk.
The responsibility of deciding whether the provision of
assistance with transport is warranted in the circumstances set out above rests
with administrative units of Departments where knowledge of each particular situation
will enable appropriate judgements to be made.
99.2 Arrangement of
Overtime
Where overtime is required to be performed, it should
be arranged, as far as is reasonably possible, so that the employee can use
public transport or other normal means of transport to and from work.
99.3 Provision of
Taxis
Where an employee:
99.3.1 ceases overtime
duty after 8.00 p.m., or
99.3.2 ceases or
commences duty performed as part of a regular or rotating roster of shift duty
after 8.00 p.m.,
and public transport or other normal means of transport
is not reasonably available, arrangements may be made for transport home or to
be provided by way of taxi.
SECTION 9 -
MISCELLANEOUS
100.
Anti-Discrimination
100.1 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.
100.2 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.
100.3 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.
100.4 Nothing in this
clause is to be taken to affect:
100.4.1 any
conduct or act which is specifically exempted from anti‑discrimination
legislation;
100.4.2 offering
or providing junior rates of pay to persons under 21 years of age;
100.4.3 any act
or practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti‑Discrimination Act 1977;
100.4.4 a party
to this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
100.5 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.
100.5.1 Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
100.5.2 Section
56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
101. Secure Employment
101.1 Work Health and
Safety
101.1.1 For
the purposes of this subclause, the following definitions will apply:
(a) 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 employees employed or engaged by it to
another employer for the purpose of such employees performing work or services
for that other employer.
(b) 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.
101.1.2 Any
employer which engages a labour hire business and/or a contract business to perform
work wholly or partially on the employer’s premises will do the following
(either directly, or through the agency of the labour hire or contract
business):
(a) consult with
employees of the labour hire business and/or contract business regarding the
workplace work health and safety consultative arrangements;
(b) 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 roles safely;
(c) 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
(d) 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.
101.1.3 Nothing
in this subclause 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.
101.2 Disputes Regarding
the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter will be dealt with pursuant to the
disputes settlement procedure of this award.
101.3 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.
102. Existing
Entitlements
The provisions of this award will not affect any
entitlements existing in a Department or section of a Department at the time
this award is made, if such provisions are better than the provisions contained
in this award. Such entitlements are hereby expressly preserved until
renegotiated with the Association.
103. Area, Incidence
and Duration
103.1 The provisions of
this award will apply to those employees as set out in clause 6.
103.2 The changes made to the award pursuant to the Award Review pursuant
to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 17 October 2022.
103.3 Changes made to
this award subsequent to it first being published on 31 July 2009 (368 I.G.
884) have been incorporated into this award as part of the review.
103.4 The award remains
in force until varied or rescinded, the period for which it was made having
already expired.
PART B
MONETARY RATES
Table 1 - Rates and Allowances
NB: In adjusting expense related and salary related allowances, annual
rates are adjusted to the nearest dollar, weekly and daily rates are rounded to
the nearest 5 cents, and hourly rates are moved to the nearest cent (except for
the flying allowance which is moved to the nearest 10 cents).
Effective 1 July
2022
Item No
|
Clause No
|
Description
|
Amount
|
1
|
|
Meal expenses on one day journeys
|
|
|
|
Capital cities and high cost country centres
(see list
in item 2)
|
|
|
29.1.1
|
Breakfast
|
$29.90
|
|
29.1.2
|
Dinner
|
$57.30
|
|
29.1.3
|
Lunch
|
$33.65
|
|
|
Tier 2 and
other country centres
(see list in item 2)
|
|
|
29.1.1
|
Breakfast
|
$26.80
|
|
29.1.2
|
Dinner
|
$52.75
|
|
29.1.3
|
Lunch
|
$30.60
|
|
|
|
|
2
|
|
Travelling allowances
|
|
|
26.8.2
|
Capital
cities
|
Per day
(inclusive
of accommodation, meals, and incidental expenses allowance)
|
|
|
Adelaide
|
$299.15
|
|
|
Brisbane
|
$317.15
|
|
|
Canberra
|
$310.15
|
|
|
Darwin
|
$362.15
|
|
|
Hobart
|
$289.15
|
|
|
Melbourne
|
$315.15
|
|
|
Perth
|
$322.15
|
|
|
Sydney
|
$340.15
|
|
|
|
|
|
26.8.2
|
High cost
country centres
|
Per day
(inclusive
of accommodation, meals, and incidental expenses allowance)
|
|
|
Albany (WA)
|
$321.15
|
|
|
Alice Springs (NT)
|
$292.15
|
|
|
Armidale (NSW)
|
$289.15
|
|
|
Ballarat (VIC)
|
$301.15
|
|
|
Bathurst (NSW)
|
$283.15
|
|
|
Bega (NSW)
|
$287.15
|
|
|
Benalla (VIC)
|
$285.15
|
|
|
Bendigo (VIC)
|
$282.15
|
|
|
Bordertown (SA)
|
$291.15
|
|
|
Bourke (NSW)
|
$307.15
|
|
|
Bright (VIC)
|
$309.15
|
|
|
Broken Hill (NSW)
|
$294.15
|
|
|
Broome (WA)
|
$362.15
|
|
|
Bunbury (WA)
|
$299.15
|
|
|
Bundaberg (QLD)
|
$289.15
|
|
|
Burnie (TAS)
|
$306.15
|
|
|
Cairns (QLD)
|
$305.15
|
|
|
Carnarvon (WA)
|
$298.15
|
|
|
Castlemaine (VIC)
|
$288.15
|
|
|
Chinchilla (QLD)
|
$285.15
|
|
|
Christmas Island (WA)
|
$340.15
|
|
|
Cobar (NSW)
|
$286.15
|
|
|
Cocos (Keeling) Islands (WA)
|
$473.15
|
|
|
Coffs Harbour (NSW)
|
$290.15
|
|
|
Colac (VIC)
|
$280.15
|
|
|
Dalby (QLD)
|
$319.15
|
|
|
Dampier (WA)
|
$317.15
|
|
|
Derby (WA)
|
$312.15
|
|
|
Devonport (TAS)
|
$300.15
|
|
|
Dubbo (NSW)
|
$290.15
|
|
|
Emerald (QLD)
|
$298.15
|
|
|
Esperance (WA)
|
$304.15
|
|
|
Exmouth (WA)
|
$332.15
|
|
|
Geelong (VIC)
|
$291.15
|
|
|
Geraldton (WA)
|
$307.15
|
|
|
Gladstone (QLD)
|
$297.15
|
|
|
Gold Coast (QLD)
|
$351.15
|
|
|
Gosford (NSW)
|
$287.15
|
|
|
Griffith (NSW)
|
$280.15
|
|
|
Halls Creek (WA)
|
$312.15
|
|
|
Hervey Bay (QLD)
|
$299.15
|
|
|
Horn Island (QLD)
|
$437.15
|
|
|
Horsham (VIC)
|
$296.15
|
|
|
Jabiru (NT)
|
$358.15
|
|
|
Kalgoorlie (WA)
|
$314.15
|
|
|
Karratha (WA)
|
$357.15
|
|
|
Katherine (NT)
|
$304.15
|
|
|
Kununurra (WA)
|
$346.15
|
|
|
Launceston (TAS)
|
$285.15
|
|
|
Lismore (NSW)
|
$286.15
|
|
|
Mackay (QLD)
|
$303.15
|
|
|
Maitland (NSW)
|
$305.15
|
|
|
Mount Gambier (SA)
|
$284.15
|
|
|
Mount Isa (QLD)
|
$310.15
|
|
|
Mudgee (NSW)
|
$306.15
|
|
|
Muswellbrook (NSW)
|
$299.15
|
|
|
Newcastle (NSW)
|
$327.15
|
|
|
Newman (WA)
|
$381.15
|
|
|
Nhulunbuy (NT)
|
$372.15
|
|
|
Norfolk Island (NSW)
|
$332.15
|
|
|
Northam (WA)
|
$331.15
|
|
|
Nowra (NSW)
|
$289.15
|
|
|
Orange (NSW)
|
$318.15
|
|
|
Port Hedland (WA)
|
$317.15
|
|
|
Port Lincoln (SA)
|
$312.15
|
|
|
Port Macquarie (NSW)
|
$312.15
|
|
|
Port Pirie (SA)
|
$292.15
|
|
|
Queanbeyan (NSW)
|
$281.15
|
|
|
Queenstown (TAS)
|
$278.15
|
|
|
Rockhampton (QLD)
|
$281.15
|
|
|
Roma (QLD)
|
$288.15
|
|
|
Shepparton (VIC)
|
$292.15
|
|
|
Swan Hill (VIC)
|
$296.15
|
|
|
Tennant Creek (NT)
|
$288.15
|
|
|
Toowoomba (QLD)
|
$286.15
|
|
|
Thursday Island (QLD)
|
$400.15
|
|
|
Townsville (QLD)
|
$285.15
|
|
|
Wagga Wagga (NSW)
|
$296.15
|
|
|
Wangaratta (VIC)
|
$300.15
|
|
|
Weipa (QLD)
|
$332.15
|
|
|
Whyalla (SA)
|
$287.15
|
|
|
Wilpena-Pound (SA)
|
$335.15
|
|
|
Wollongong (NSW)
|
$300.15
|
|
|
Wonthaggi (VIC)
|
$302.15
|
|
|
Yulara (NT)
|
$582.15
|
|
|
|
|
|
26.8.2
|
Tier 2
country centres
|
Per day
(inclusive
of accommodation, meals, and incidental expenses allowance)
|
|
|
Albury (NSW)
|
$265.45
|
|
|
Ararat (VIC)
|
$265.45
|
|
|
Ayr (QLD)
|
$265.45
|
|
|