WASTE RECYCLING AND PROCESSING CORPORATION (SALARIES AND CONDITIONS OF
EMPLOYMENT 2002) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Waste
Recycling and Processing Corporation trading as Waste Service NSW.
(No. IRC 5801 of 2002)
|
Before Commissioner
Murphy
|
22 November 2002 and 17 February 2003
|
AWARD
PART A
1.
Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Parties to the
Award
5. Statement of
Intent
6. Coverage
7. Rates of Pay
8. Payment of
Salaries
9. Local Award
Arrangements
10. Working Hours
11. Morning and
Afternoon Breaks
12. Meal Breaks
13. Variation of
Hours
14. Natural
Emergencies and Major Transport Disruptions
15. Assistance with
Transport
16. Notification of
Absence from Duty
17. Public Holidays
18. Standard Working
Hours
19. Flexible Working
Hours
20. Overtime
Relating to Work Hours
21. Non-Compliance
22. Creating and
Filling Positions
23. Part Time
Employment
24. Job Share
Arrangements
25. Temporary Staff
Member
26. Overtime
27. Overtime -
General
28. Overtime Worked
by Day Workers
29. Recall to Duty
30. On Call
(Stand-by)
31. Overtime Meal
Breaks
32. Overtime Meal
Allowances
33. Rate of Payment
for Overtime
34. Payment for
Overtime or Leave in Lieu
35. Compensation for
Additional Hours Worked by Duty Officer, State Emergency Services
36. Calculation of
Overtime
37. Review of
Overtime Meal Allowances
38. Higher Duties
and Acting Allowances
39. Public Holidays
40. First Aid
Allowance
41. Travelling Compensation
- Excess Travelling Time
42. Waiting Time
43. Travelling
Allowances - General
44. Meal Expenses on
One Way Journeys
45. Travelling
Allowances when staying in Non Government Accommodation
46. Travelling
Allowances when staying in Government Accommodation
47. Restrictions on
Payment of Travelling Allowances
48. Increase or
Reduction in Payment of Travelling Allowance
49. Production of
Receipts
50. Travelling
Distance
51. Allowance
Payable for Use of Private Motor Vehicle
52. Compensation for
Loss or Damage to Private Property
53. Leave - General
Provisions
54. Absence from
Work
55. Applying for
Leave
56. Adoption Leave
57. Extended Leave
58. Family and
Community Service Leave
59. Leave Without
Pay
60. Maternity Leave
61. Military Leave
62. Observance of
Essential Religious or Cultural Obligations
63. Parental Leave
64. Recreation Leave
65. Annual Leave
Loading
66. Sick Leave
67. Sick Leave -
Requirements for Medical Certificate
68. Sick leave to
Care for a Family Member
69. Sick Leave -
Workers' Compensation
70. Sick Leave -
Claims Other Than Workers' Compensation
71. Special Leave
with Full Pay
72. Personal &
Professional Development and Training Activities
73. Study Time
74. Study Leave
75. Trade Union
Activities Regarded as on Duty
76. Trade Union Activities
Regarded as Special Leave
77. Trade Union
Training Courses
78. Conditions
Applying to On Loan Arrangements
79. Period of Notice
for Trade Union Activities
80. Access to
Facilities by Trade Union Delegates
81. Responsibilities
of the Trade Union Delegate
82. Responsibilities
of the Trade Union
83. Responsibilities
of Workplace Management
84. Right of Entry
Provisions
85. Travelling and
Other Costs of Trade Union Delegates
86. Industrial
Action
87. Consultation and
Technological Change
88. Deduction of
Union Membership Fees
89. Protective
Clothing
90. Flexible Work
Practices
91. Salary Sacrifice
for Superannuation
92. Probation
93. Performance
Management
94. Managing
Unsatisfactory Performance or Misconduct
95. Grievance and
Dispute Resolution Procedures
96. Redundancy
97. Anti-Discrimination
98. Savings and
Transitional
99. No Extra Claims
100. Relationship to
other Awards
101. Review of
Allowances Payable in Terms of this Award
102. Duration
PART B
MONETARY RATES
Table
1 - Salaries
Table
2 - Allowances
2. Title
This Award shall be known as the Waste Recycling and
Processing Corporation (Salaries and Conditions of Employment 2002) Award.
3. Definitions
"Accident Pay" means a weekly amount equal to the
difference between workers' compensation payments and the staff member’s normal
rate of pay.
"Act" means the Waste Recycling and Processing Corporation Act 2001.
"Approval" means the appropriate approval given by
a staff member of the Corporation with the appropriate and legitimate delegated
authority by the Corporation to do so.
"At the convenience of" means the operational
requirements permit the staff member's release from duty or that satisfactory
arrangements are able to be made for the performance of the staff member's
duties during the absence.
"Birth" includes Stillbirth.
"Call Back (Return to Duty)" means those occasions
when a staff member is directed to return to duty outside the staff member’s
ordinary hours or outside the bandwidth in the case of a staff member working
under a flexible Hours of Work scheme.
"Casual staff member" means a person engaged on a
day-to-day basis and paid accordingly.
"Casual rate" means the appropriate rate payable
in respect of a motor vehicle maintained by the staff member for private
purposes but which the staff member may elect to use with the approval of the
Chief Executive Officer or nominee for occasional travel on official business,
subject to the allowance paid for such travel not exceeding the cost of travel
by public or other available transport.
"Chief Executive Officer or nominee" means the CEO
or their nominee of the Corporation, or nominee, with delegated authorities
under the Act.
"Contract hours for the day" for a full time staff
member, means one fifth of the full time contract hours, as defined in this
award. For a part time staff member,
contract hours for the day means the hours usually worked on the day.
"Corporation " means the Waste Recycling and
Processing Corporation, as established under the Act.
"Corporation" and "Employer' shall mean the
Corporation.
"Daily span of hours" means, for a staff member
required to work standard hours, the full time standard hours defined in this
award. For a staff member required to
work flexible hours, the "daily span of hours" means the hours which
normally fall within the bandwidth of the scheme applicable to the staff member
and which do not attract payment for overtime, unless otherwise prescribed in
this award.
"Examination Leave" means time allowed off from
normal duties granted on full pay to staff members undertaking examinations in
an approved part time course.
"Expected date of birth" means a date specified by
a Medical Practitioner to be the date on which the Medical Practitioner expects
the staff member to give birth as a result of pregnancy, in relation to a
female staff member who is pregnant, or, in the case of adoption, to the date
that the staff member takes custody of the child concerned.
"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.
"Flexible working hours debit" means the contract
hours not worked by a staff member and not covered by approved leave during the
settlement period, as well as any debit carried over from the previous
settlement period or periods.
"Flexible working hours scheme" means the scheme
outlined in Flexible Working Hours clause of this award which enables staff
members, subject to operational requirements, to select their starting and
finishing times.
"Flexible Work Practices, Policy and Guidelines"
means the document negotiated between the Public Employment Office, the Labor
Council of New South Wales and affiliated unions which enables staff members to
rearrange their work pattern.
"Flex leave" means a period of leave available to
be taken by a staff member as specified in subclause (o) of the Flexible
Working Hours clause in this award.
"Full day" means the standard full time contract
hours for the day, i.e., seven or eight hours depending on the classification
of the staff member.
"Full pay" or "half pay" means the staff
member's ordinary rate of pay or half the ordinary rate of pay respectively.
"Full-time contract hours" means the standard
weekly hours, that is, 35 hours per week, required to be worked as at the date
of this award.
"Half day" means half the standard contract hours
for the day.
"Joint Consultative Committee" means the formal
committee established between the Corporation and the unions for the purpose of
consulting on Workplace matters.
"Local Arrangement" means an agreement reached at
the organisational level between the Chief Executive Officer or nominee and the
relevant trade union in terms of the Local Arrangements clause in this award.
"Normal hours of duty" means:
for a staff member working standard hours - the fixed
hours of duty, with an hour for lunch, worked in the absence of flexible
working hours;
for a staff member working under a flexible working
hours scheme or local arrangement negotiated under the Local Arrangements
clause in this award - the hours of duty the Chief Executive Officer or nominee
requires a staff member to work within the bandwidth specified under the
flexible working hours scheme or local arrangement.
"Normal work" means, for the purposes of the
Grievance and Dispute Settling Procedures clause of this award, the work
carried out in accordance with the staff member’s position or job description
at the location where the staff member was employed, at the time the grievance
or dispute was notified by the staff member.
"On duty" means the time required to be worked for
the Corporation.
For the purposes of the Trade Union Activities clause
of this Award, "on duty" means the time off with pay given by the
Corporation to the accredited Trade Union delegate to enable the delegate to
carry out legitimate Trade Union activities during ordinary work hours without
being required to lodge an application for leave.
"Official business rate" means the appropriate
rate of allowance payable for the use of a private motor vehicle where no other
transport is available and such use is directed by the Chief Executive Officer
or nominee agreed to by the staff member or where the staff member is unable to
use other transport due to a disability.
"Ordinary hours" means the ordinary hours worked
by staff members in an ordinary working day or week to a maximum of 35 hours
per week.
"Ordinary rate of pay" means the sum ascertained
by dividing the basic annual salary by 260.8929 to give you a daily rate, then
dividing this figure by the number of ordinary hours specified for that
position.
"Overtime" means as defined in the overtime clause
in this award.
"Part-time Course" shall mean a course undertaken
concurrently with employment and shall include courses involving face to face
or oral instruction and those conducted externally to the institution through
correspondence study.
"Part-time Staff member" means a permanent or
temporary staff member whose agreed hours are less than full time hours.
"Rostered Day Off" means, for 38 hour week
workers, a day off in a regular cycle at a time operationally convenient.
"Staff Development and Training" shall mean short
educational and professional training courses, conducted by either the Corporation
or an external institution or body.
"Standard Hours" shall be as per the office hours
specified in this award unless otherwise determined by the Chief Executive
Officer or nominee.
"Study Accumulation" shall mean the aggregation of
short periods of study time granted for private study purposes.
"Study Time" shall mean time allowed off from
normal duties granted on full pay to staff members who are studying in approved
part-time courses.
"Time-in-Lieu" means paid time taken off work
during ordinary hours, in lieu of payment for overtime worked.
"Union" or "Trade Union" means Public
Service Association and Professional Officers Association Amalgamated Union of
New South Wales and / or the Association of Professional Engineers Managers and
Scientists Australia having regard to their respective coverage.
4.
Parties to the Award
This Award is made between the Corporation and the Public
Service Association and Professional Officers' Association Amalgamated Union of
New South Wales (PSA) and The Association of Professional Engineers, Scientists
and Managers, Australia (APEMSA).
5.
Statement of Intent
(a) The Parties
are committed to the development of professional and proactive work practices
to provide the framework for the Corporation to be a successful business in a
highly competitive commercial market.
(b) The continuing
development of an organisational culture that supports consultation,
co-operation and participation in workplace relations matters by the parties
will be an important factor in the organisation’s ability to respond to market
pressures and changes.
6.
Coverage
(a) This Award
shall cover all staff members employed by the Corporation, except those staff
members who may, at the time of the making of this award, be otherwise covered
by the Lidcombe Castlereagh Waste Management Centre Enterprise Award 1997
published 24 May 2002 (333 I.G. 821), or as otherwise specified in this award.
(b) This Award
shall not cover consultants, contractors, senior executive staff on individual
employment contracts or staff engaged on work experience or accredited
traineeships.
7. Rates of Pay
(a) The rates of pay shall be those as
prescribed in Table 1 - Salaries, of Part B, Monetary Rates.
(b) The salaries in this award shall be
increased in terms of the agreements reached in (c) as follows from the first
pay period following the dates specified (except for the 1.35% increase which
shall be effective from 1 December 2002):
(i) 1.35% increase from 1 December 2002 (for
annualisation of the annual leave loading);
(ii) 4% increase from 1 January 2003
(iii) 5% increase from 1 July 2003
(c) The increases in (b) are based on the
commitment of the parties to continued reform for the duration of this award
with improvements in efficiencies and cost savings being jointly monitored
through the JCC.
8. Payment of Salaries
Salaries
shall be paid to all staff members of the Corporation on a fortnightly basis
through Electronic Funds Transfer unless otherwise agreed.
9. Local Award Arrangements
(a) Local Award Arrangements may be
negotiated between the Chief Executive Officer or nominee and the unions in
respect of the whole Corporation or part of the Corporation.
(b) All Local Award Arrangements or
variations negotiated between the Chief Executive Officer or nominee and the
relevant union(s) must be contained in a formal document, such as a co-lateral
agreement, memorandum of understanding, and a variation to this award or
enterprise agreement.
(c) Subject to the provisions of subclause
(b) of this clause, nothing in this clause shall prevent the negotiation of
local arrangements between the Chief Executive Officer or nominee and the
relevant union(s) in respect of the provisions contained in the Flexible Work
Practices clause of this Award, where the conditions of employment of any group
are such that the application of the work hours arrangements would not be
practicable.
10.
Working Hours
(a) The working
hours of staff and the manner of their recording, shall be as determined from
time to time by the Corporation. Such
direction will include the definition of full time contract hours.
(b) The staff
member in charge of a division or branch of the Corporation will be responsible
to the Chief Executive Officer or nominee for the proper observance of hours of
work and for the proper recording of such attendance.
(c) The
Corporation may require a staff member to perform duty beyond the hours
determined under subclause (a) of this clause but only if it is reasonable for
the staff member to be required to do so.
In determining what is reasonable, the staff member’s prior commitments
outside the workplace, particularly the staff member’s family responsibilities,
community obligations or study arrangements shall be taken into account.
Consideration shall be given also to the urgency of the work required to be
performed during overtime, the impact on the operational commitments of the
organisation and the effect on client services.
(d) The
application of hours of work is subject to the provisions of this clause.
(e) The ordinary
hours may be standard or flexible and may be worked on a full time or part-time
basis.
(f) The
Corporation shall ensure that all staff members employed are informed of the
hours of duty required to be worked and of their rights and responsibilities in
respect of such hours of duty.
11.
Morning and Afternoon Breaks
Staff members may take a 10 minute morning break, provided
that the Discharge of public business is not affected and, where practicable,
they do so out of the view of the public contact areas. Staff members may also take a 10 minute
afternoon break, subject to the same conditions as apply to the morning break.
12.
Meal Breaks
Meal breaks must be given to and taken by staff
members. No staff member shall be
required to work continuously for more than 5 hours without a meal break,
provided that:-
(1) where the
prescribed break is more than 30 minutes, the break may be reduced to not less
than 30 minutes if the staff member agrees.
If the staff member requests to reduce the break to not less than 30
minutes, the reduction must be operationally convenient; and
(2) where the
nature of the work of a staff member or a group of staff members is such that
it is not possible for a meal break to be taken after not more than 5 hours,
local arrangements may be negotiated between the Corporation and the relevant
trade union to provide for payment of a penalty.
13.
Variation of Hours
If the Corporation is satisfied that a staff member is
unable to comply with the general hours operating in the organisation because
of limited transport facilities, urgent personal reasons, community or family
reasons, the Chief Executive Officer or nominee may vary the staff member's
hours of attendance on a one off, short or long-term basis, subject to the
following:
(1) the variation
does not adversely affect the operational requirements;
(2) there is no
reduction in the total number of daily hours to be worked;
(3) the variation
is not more than an hour from the commencement or finish of the span of usual
commencing and finishing time;
(4) a lunch break
of one hour is available to the staff member, unless the staff member elects to
reduce the break to not less than 30 minutes;
(5) no overtime or
meal allowance payments are made to the staff member, as a result of an
agreement to vary the hours;
(6) ongoing
arrangements are documented; and
(7) the relevant
trade union is consulted, as appropriate, on any implications of the proposed
variation of hours for the work area.
14.
Natural Emergencies and Major Transport Disruptions
A staff member prevented from attending work at a normal
work location by a natural emergency or by a major transport disruption may:
(1) Apply to vary
the working hours as provided in the Variation of Hours clause of this award
and/or
(2) negotiate an
alternative working location with the Corporation; and/or
(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.
15. Assistance With Transport
The extent of any assistance by the Corporation with
transport of a staff member between the workplace and residence or part of the
distance involved, shall be determined by the Chief Executive Officer or
nominee according to the provisions contained in the Provision of Transport in
Conjunction with Working of Overtime clause of this award.
16.
Notification of Absence from Duty
(a) If a staff
member is to be absent from duty, other than on authorised leave, the staff
member must notify the supervisor, or must arrange for the supervisor to be
notified, as soon as possible, of the reason for the absence.
(b) If a staff
member is absent from duty without authorised leave and does not provide an
explanation of the absence to the satisfaction of the appropriate Chief
Executive Officer or nominee, the amount representing the period of absence
shall be deducted from the staff member's pay.
17.
Public Holidays
(a) Unless
directed to attend for duty by the Chief Executive Officer or nominee, a staff
member is entitled to be absent from duty on any day which is:
(1) a public
holiday throughout the State; or
(2) a local
holiday in that part of the State at or from which the staff member performs
duty; or
(3) a day between
Boxing Day and New Year's Day determined by the Chief Executive Officer or
nominee as a public service holiday.
(b) A staff
member, who is required by the Chief Executive Officer or nominee 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.
(c) If a local
holiday falls during a staff member's absence on leave, the staff member is not
to be credited with the holiday.
18.
Standard Working Hours
(a) Standard hours
are set and regular with an hour for lunch and, if worked by the staff member
under a flexible working hours scheme, would equal the contract hours required
to be worked under the scheme. Standard hours could be full time or part-time.
(b) Urgent
Personal Business - Where a staff member requires to undertake urgent personal
business, appropriate leave or time off may be granted by the Chief Executive
Officer or nominee. Where time off has
been granted, such time shall be made up as set out in subclause (d) of this
clause.
(c) Late Attendance
- If a staff member is late for work, such staff member must either take
appropriate leave or, if the Chief Executive Officer or nominee approves, make
the time up in accordance with subclause (d) of this clause.
(d) Making up of
Time - The time off taken in circumstances outlined in subclauses (b) and (c)
of this clause must be made up at the earliest opportunity. The time may be made up on the same day or
on a day or days agreed to between the staff member and the Chief Executive
Officer or nominee.
19.
Flexible Working Hours
(a) Unless local
arrangements have been negotiated as provided in the Local Arrangements clause
of this award, a flexible working hours scheme in terms of this subclause may
operate in the Corporation or a section of the Corporation, subject to
operational requirements, as determined by the Chief Executive Officer or
nominee.
(b) Where the
operational requirements allow, the working of flexible hours under a flexible
working hours scheme operating in the Corporation shall be extended to a staff
member working under a part time work arrangement. Except for provisions contained in subclauses (j) and (l) of this
clause, all other provisions under this subclause shall be applied pro rata to
a staff member working under a part time work arrangement.
(c) Exclusions -
Flexible working hours shall not apply to staff members who work:
a 38 hour week and are entitled to a rostered day off
in a regular cycle; or
permanent standard hours; or
according to a shift roster.
(d) Attendance
- A staff member's attendance outside the hours of a standard day but within
the bandwidth shall be subject to the availability of work.
(e) Bandwidth -
The bandwidth shall be between the hours of 7.00 a.m. and 6.00 p.m Monday to
Friday, unless a different time span has been negotiated under a local
arrangement in terms of the Local Arrangements clause of this award.
Within the bandwidth, no more than 10.5 hours may be
credited in any one day.
(f) Coretime -
The coretime shall be between the hours of 9.30 a.m. and 3.30 p.m Monday to
Friday, excluding the lunch break, unless other arrangements have been
negotiated under a local arrangement in terms of the Local Arrangements clause
of this award.
Coretime may be varied by special arrangement with Managers
to 1000 to 1500 hours.
(g) Lunch break -
The standard lunch period shall be 1 hour. With the approval of the supervisor,
the lunch period may be extended by the staff member up to 2 and 1/2 hours or
reduced to not less than 30 minutes within the span of hours determined by the
Chief Executive Officer or nominee.
Where a local arrangement has been negotiated in terms of the Local
Arrangements clause of this award, the lunch break shall be taken in accordance
with such local arrangement.
(h) Settlement
period - Unless a local arrangement has been negotiated in terms of the Local
Arrangements clause of this award, the settlement period shall be 3 calendar
months i.e. 1 January to 31 March.
(1) For time
recording purposes the settlement period and flexleave must coincide.
(2) Where
exceptional circumstances apply, e.g., prolonged transport strikes, adverse
weather conditions and the like, the Chief Executive Officer or nominee may
extend the affected settlement period.
(i) Contract
hours - The contract hours for a settlement period shall be calculated by
multiplying the staff member's weekly contract hours by the number of weeks in
a settlement period.
(j) Flexible
working hours credit - A staff member may carry a maximum of 10 hours credit
into the next period. Time accumulated in excess of 10 hours at the end of a
settlement period shall be forfeited. Local arrangements in terms of the Local
Arrangements clause of this award may be negotiated in respect of the carry
over of the maximum flexible hours credit and the banking of any accumulated
time.
(k) The
Corporation shall ensure that a staff member does not constantly forfeit excess
credit hours at the conclusion of settlement periods as a result of reasonable
requests for flexleave being refused or the staff member being directed by the
supervisor to work long hours within the bandwidth.
(l) Flexible
Working Hours Debit - The following provisions shall apply to the carry over of
flexible working hours debits, unless a local arrangement has been negotiated
in terms of the Local Arrangements clause of this award:
(1) A debit of up
to 10 hours at the end of a settlement period may be carried over into the next
period;
(2) Where the debit
exceeds 10 hours, the excess will be debited as leave without pay, unless the
staff member elects to be granted available recreation or extended leave to
offset the excess.
(3) Any debit of
hours outstanding on a staff member's last day of duty is to be deducted from
any unpaid salary or the monetary value of accrued recreation/extended leave.
(m) Cessation of
duty - A staff member may receive payment for a flexday accrued and remaining
untaken or not forfeited on the last day of service:
(1) where the staff
member's services terminate without a period of notice for reasons other than
misconduct; or
(2) where an
application for flexleave which would have eliminated the accumulated day or
days was made during the period of notice of retirement or resignation and was
refused; or
(3) in such other
circumstances as have been negotiated between the Chief Executive Officer or
nominee and the relevant trade union(s) under a local arrangement in terms of
the Local Arrangements clause of this award.
(n) Statement of
Intent
(1) This agreement
aims to improve organisational performance and flexibility for all
employees. Achievement of these
objectives will ensure that there is an appropriate balance between work and
personal commitments. The parties
recognise that this will occur if all employees and their supervisors understand
and accept the spirit of the agreement, as well as its operation, and respect
the needs of the organisation and individual employees.
(2) The flexible
working arrangement applies to all staff (excepting those covered by an
existing Industrial Agreement) and operates in conjunction with the following
principles by:
(i) The
arrangements described below commit all employees to ensuring that operational
and client service requirements are met.
(ii) Actual
working hours and patterns of work will be decided by mutual agreement between
the employee and their supervisor.
(3) Decisions
regarding working hours and patterns of work will be made by taking into
account:
(i) organisational
requirements of Waste Service.
(ii) the personal
commitments / needs of the individual.
(o) Flexleave -
Subject to operational requirements, four days may be taken each Settlement
Period provided:
(1) a maximum of 2
flexidays may be taken together.
(2) a maximum of
13 flexidays per annum applies. This
period is calculated from 1 July to 30 June.
Flexleave may be taken on consecutive working
days. Half-day absences may be combined
with other periods of authorised leave. Local arrangements in respect of the
taking of flexleave may be negotiated in terms the Local Arrangements clause of
this award.
(p) Absence during
coretime - Where a staff member needs to take a short period of authorised
leave within coretime, other than flexleave, the quantum of leave to be granted
shall be determined according to the provisions contained in the Absence from
Work clause of this award.
(q) Standard hours
- Notwithstanding the provisions of this clause, the Chief Executive Officer or
nominee may direct the staff member to work standard hours and not flexible
hours:
(1) where the Chief
Executive Officer or nominee decides that the working of flexible hours by a
staff member or members does not suit the operational requirements of the
Corporation or section of the Corporation, the relevant union shall be
consulted, where appropriate; or
(2) as remedial
action in respect of a staff member who has been found to have deliberately and
persistently breached the flexible working hours scheme.
(r) Easter
concession - Staff members who work under a flexible working hours scheme may
be granted, subject to the convenience of the Corporation, an additional half
day's flexleave on the Thursday preceding the Good Friday public holiday.
(s) Any grievances
arising from this flexible working hours agreement shall be resolved using the
existing Grievance Resolution Procedures in this award.
20.
Overtime Relating to Work Hours
Officers shall be eligible for overtime if:
(1) they are
directed to do so before or after the agreed Bandwidth by a supervisor; or
(2) they are
directed to work beyond 8 hours (excluding a meal break) on a particular day.
Any overtime worked must be confirmed later in writing on the overtime claim
form and signed by a supervisor.
21. Non-Compliance
In the event of any persistent failure by a
staff member to comply with the hours of duty required to be worked, the Chief
Executive Officer or nominee, shall investigate such non compliance as soon as
it comes to notice and shall take appropriate remedial action according to the
Corporation’s Managing Unsatisfactory Performance and Misconduct Policy and
Guidelines.
22. Creating and Filling Positions
(a) The
Chief Executive Officer or nominee shall create and abolish positions as
required to meet the business needs of the organisation in accordance with the
Act.
(b) The
Chief Executive Officer or nominee may classify and grade positions using
accredited job evaluation methodology.
(c) The
filling of positions shall be in accordance with the principles of Equal
Employment Opportunity (EEO) and Merit Selection.
(d) All
appointments are subject to the approval of the Chief Executive Officer or
nominee.
23. Part Time Employment
(a) The
Corporation may employ persons on a part time basis.
(b) A part time staff member for all
purposes of the Award, is entitled to the same terms and conditions as a full
time staff member, provided that in all cases entitlement is determined on a
pro rata basis.
(c) The number of hours worked per week
shall be mutually agreed between the staff member concerned and the Chief
Executive Officer or nominee or their nominee.
(d) Once the hours are agreed upon, any time
worked at the direction of the Chief Executive Officer or nominee in excess of
the hours of a full time position shall be deemed to be overtime and the
overtime provisions of this Award shall apply
(e) Part time employment shall not work to
the detriment of full time staff members and no full time staff member shall be
required to work part time.
(f) A person who is initially employed to
work part time may elect to work full time at any time subject to the
Corporation convenience and the availability of work for the classification and
grade of the position.
(g) A full time person who elects to work
part time for a set period will be guaranteed the right of return to full time
work at the end of the period provided that this is specified and negotiated at
the outset.
(h) Full time staff members who elect to
work part time and who have not specified that they wish to return to full time
work may elect to return to work full time subject to the Corporation
convenience.
24. Job Share Arrangements
(a) Job Share is a voluntary arrangement in
which one job is shared amongst part-time staff members.
(b) Staff members may job share under this
Award where the Chief Executive Officer or nominee approves it.
(c) Job Share arrangements are required to
be formalised in the same way the part time work arrangements are outlined in
an agreement - This agreement shall be called a job share agreement.
(d) Job Sharers perform the role of one job
and the workload and performance expectations should be similar to what would
be expected if one staff member were performing the job.
25. Temporary Staff Member
(a) The Chief Executive Officer or nominee
or nominee may, if of the opinion that it is necessary to do so, employ
temporarily a person who has appropriate qualifications to carry out work in
the Corporation.
(b) The salary, terms and conditions of
employment for a temporary staff member shall be prescribed in a letter of
offer that outlines the period of temporary employment or for the duration of
completion of a project.
(c) Notwithstanding (b) above, the
Chief Executive Officer or nominee may dispense with the services of a
temporary staff member at any time in accordance with the terms of engagement.
(d) The Corporation may appoint a long-term
temporary staff member to a permanent position with the approval of the Chief
Executive Officer or nominee.
(e) For the purposes of subclause (d), a
long-term temporary staff member is a temporary staff member whose employment
as such a staff member falls within a continuous employment period of at least
2 years.
(f) A recommendation for the appointment of
a long-term temporary staff member to a staff member’s position may be made
only if each of the following requirements is satisfied:
(1) The duties of the position concerned must
be substantially the same as the duties performed by the staff member at the
time of the staff member's initial employment on merit.
(2) The rate of salary or wages proposed to
be payable to the holder of the position concerned at the time of appointment
must not exceed the maximum rate payable for WS Officer Level 12.
(3) The Chief Executive Officer or nominee
must be satisfied that on-going work is available in respect of the staff
member.
(4) The Chief Executive Officer or nominee
must be satisfied that the staff member has the relevant skills,
qualifications, experience, work performance standards and personal qualities
to enable the staff member to perform the duties of the position concerned,
(5) The staff member must (initially or at
some later stage) have been employed as a temporary staff member in some form
of open competition involving the selection of the staff member as the person
who, in the opinion of the then Chief Executive Officer or nominee, had the
greatest merit among candidates for appointment.
26.
Overtime
The payment of overtime shall at all times only be made
where a staff member is either directed or approved to work overtime. Unauthorised overtime will not be paid.
27.
Overtime - General
(a) A staff member
may be directed by the Chief Executive Officer or nominee to work overtime,
provided it is reasonable for the staff member to be required to do so.
(b) In determining
what is reasonable, the staff member’s prior commitments outside the workplace,
particularly their family responsibilities, community obligations or study
arrangements shall be taken into account.
(c) Consideration
shall be given also to the urgency of the work required to be performed during
overtime, the impact on the operational commitments of the organisation and the
effect on client services.
(d) Payment for
overtime shall be made only where the staff member works authorised (i.e.
approved or directed) overtime.
(e) Payment of
such overtime shall be calculated on base salary in accordance with the
Salaries Schedule in this Award (not the salary including any annualised
allowance).
(f) Payment for
overtime worked and/or on-call (standby) allowance shall not be made under this
clause if the staff member is eligible, under any other industrial instrument,
to:
(1) compensation
specifically provided for overtime and/or on-call (standby) allowance; or
(2) be paid an
allowance for overtime and/or on-call (standby) allowance; or
(3) a rate of
salary, which has been determined as inclusive of overtime and/or on-call
(standby) allowance.
28. Overtime Worked By Day Workers
(a) The provisions
of this sub-clause shall not apply to:
(1) Staff members
covered by formal local arrangements in respect of overtime negotiated between
the Corporation and the Union;
(2) Staff members
to whom overtime provisions apply under another industrial instrument;
(3) Staff members
whose salary includes compensation for overtime;
(4) Staff members who
receive an allowance in lieu of overtime such as the annualised allowance
payable under this Award; and
(5) Duty Officers,
State Emergency Services during flood alerts on weekends and public holidays
except as provided in the Compensation for Additional Hours Worked by Duty
Officer, State Emergency Services clause of this clause.
(b) Rates -
Overtime shall be paid at the following rates:
(1) Weekdays
(Monday to Friday inclusive):
At the rate of time and one-half for the first two
hours and at the rate of double time thereafter for all directed overtime
worked outside the staff member’s ordinary hours of duty, unless local
arrangements negotiated in terms of the Local Arrangements clause of this Award
apply;
(2) Saturday:
All overtime worked on a Saturday at the rate of time
and one-half for the first two hours and at the rate of double time thereafter.
(3) Sundays:
All overtime worked on a Sunday at the rate of double
time.
(4) Public
Holidays:
All overtime worked on a public holiday at the rate of
double time and one half.
(c) If a staff
member is absent from duty on any working day during any week in which overtime
has been worked the time so lost may be deducted from the total amount of
overtime worked during the week unless the staff member has been granted leave
of absence or the absence has been caused by circumstances beyond the staff
member’s control.
(d) A staff member
who works overtime on a Saturday, Sunday or public holiday, shall be paid a
minimum payment as for four (4) hours work at the appropriate rate.
(e) Rest Periods:
(1) A staff member
who works overtime shall be entitled to be absent until eight (8) consecutive
hours have elapsed.
(2) Where a staff
member, at the direction of the supervisor, resumes or continues work without
having had eight (8) consecutive hours off duty then such staff member shall be
paid at the appropriate overtime rate until released from duty.
(3) The staff
member shall then be entitled to eight (8) consecutive hours off duty and shall
be paid for the ordinary working time occurring during the absence.
29.
Recall to Duty
(a) A staff member
recalled to work overtime after leaving the employer’s premises shall be paid
for a minimum of four (4) hours work at the appropriate overtime rates.
(b) The staff
member shall not be required to work the full four (4) hours if the job can be
completed within a shorter period.
(c) When a staff
member returns to the place of work on a number of occasions in the same day
and the first or subsequent minimum pay period overlap into the next call out
period, payment shall be calculated from the commencement of the first recall
until either the end of duty or four (4) hours from the commencement of the
last recall, whichever is the greater.
Such time shall be calculated as one continuous period.
(d) When a staff
member returns to the place of work on a second or subsequent occasion and a
period of four (4) hours has elapsed since the staff member was last recalled,
overtime shall only be paid for the actual time worked in the first and
subsequent periods with the minimum payment provision only being applied to the
last recall on the day.
(e) A recall to
duty commences when the staff member starts work and terminates when the work
is completed. A recall to duty does not
include time spent travelling to and from the place at which work is to be
undertaken.
(f) A staff
member recalled to duty within four (4) hours of the commencement of usual
hours of duty shall be paid at the appropriate overtime rate from the time of recall
to the time of commencement of such normal work.
(g) This subclause
shall not apply in cases where it is customary for a staff member to return to
the Corporation’s premises to perform a specific job outside the staff member’s
ordinary hours of duty, or where overtime is continuous with the completion or
commencement of ordinary hours of duty.
Overtime worked in these circumstances shall not attract the minimum
payment of four (4) hours unless the actual time worked is four (4) or more
hours.
30. On
Call (Stand-By)
(a) When a staff
member is directed to be on call or on stand-by for a possible recall to duty,
payment of an on call allowance shall be made.
(b) Where a rate
of on call allowance has not already been determined for the staff member as at
the date of the making of this Award, the rate shown in Item 6 of Table 2,
Allowances of Part B Monetary Rates shall be made for the duration of on call
(stand-by).
31.
Overtime Meal Breaks
(a) Staff members
not working under the work hours arrangements:
A staff member required to work overtime on weekdays
for an hour and a half or more after the staff member’s ordinary hours of duty
on weekdays, shall be allowed 30 minutes for a meal and thereafter, 30 minutes
for a meal after every five hours of overtime worked.
(b) Staff member
working under the work hours arrangements:
A staff member required to work overtime on weekdays
beyond 6.00 p.m. and until or beyond eight and a half hours after commencing
duty plus the time taken for lunch, shall be allowed 30 minutes for a meal and
thereafter, 30 minutes for a meal after every five hours of overtime worked.
(c) Staff Members
Generally:
A staff member required to work overtime on a Saturday,
Sunday or Public Holiday shall be allowed 30 minutes for a meal after every
five hours of overtime worked. A staff
member who is unable to take a meal break and who works for more than five
hours shall be given a meal break at the earliest opportunity.
32.
Overtime Meal Allowances
(a) If an adequate
meal is not provided by the Corporation, a meal allowance shall be paid by the
Corporation at the appropriate rate specified in Item 9 of Table 2 - Allowances
Part B, Monetary Rates, provided the Chief Executive Officer or nominee is
satisfied that:
(1) the time worked
is directed overtime;
(2) the staff
member properly and reasonably incurred expenditure in obtaining the meal in
respect of which the allowance is sought;
(3) where the staff
member was able to cease duty for at least 30 minutes before or during the working
of overtime to take the meal, the staff member did so; and
(4) overtime is not
being paid in respect of the time taken for a meal break.
(b) Notwithstanding
the above provisions, nothing in this clause shall prevent the Chief Executive
Officer or nominee and the Union from negotiating different meal provisions
under a local arrangement.
33.
Rate of Payment for Overtime
A staff member whose salary, or salary and allowance in the
nature of salary, exceeds the maximum rate for WS Officer Grade 8, as varied
from time to time, shall be paid for working directed overtime at the maximum
rate for WS Officer Grade 8 plus $1.00, unless the Chief Executive Officer or
nominee approves payment for directed overtime at the staff member’s salary or,
where applicable, salary and allowance in the nature of salary.
34.
Payment for Overtime Or Leave in Lieu
(a) The Chief
Executive Officer or nominee shall grant compensation for directed overtime
worked either by payment at the appropriate rate or, if the staff member so
elects, by the grant of leave in lieu in accordance with subclause (b) of this
clause.
(b) The following
provisions shall apply to the leave in lieu:
(1) The staff
member shall advise the supervisor before the overtime is worked or as soon as
practicable on completion of overtime, that the staff member intends to take
leave in lieu of payment;
(2) The leave shall
be calculated at the same rate as would have applied to the payment of overtime
in terms of this clause.
(3) The leave must
be taken at the convenience of the Corporation, except when leave in lieu is
being taken to look after a sick family member. In such cases, the conditions set out in the Sick Leave to Care
for a Family Member clause apply.
(4) The leave shall
be taken in multiples of a quarter day, unless debiting of leave in hours or in
fractions of an hour has been approved by the Chief Executive Officer or
nominee;
(5) Leave in lieu
accrued in respect of overtime worked on days other than public holidays, shall
be given by the Corporation and taken by the staff member within three months
of accrual unless alternate local arrangements have been negotiated between the
Chief Executive Officer or nominee and the Union.
(6) At the staff
member’s election, leave in lieu accrued in respect of overtime worked on a
public holiday may be added to the staff member’s annual leave credits and may
be taken in conjunction with annual leave; and
(7) A staff member
shall be paid for the balance of any overtime entitlement not taken as leave in
lieu.
35.
Compensation for Additional Hours Worked By Duty Officer, State
Emergency Services
The time spent at home as Duty Officer, State Emergency
Services during flood alerts on weekends and public holidays, shall be
compensated by: -
(a) payment at the
rate of one third of one day’s pay for each tour of duty; or
(b) if so desired
by the staff member concerned, the granting of time off in lieu of payment
calculated in accordance with the Payment for overtime or leave in lieu clause
in this award.
36.
Calculation of Overtime
(a) Overtime shall
not be paid if the total period of overtime worked is less than a quarter of an
hour.
(b) The formula
for the calculation of overtime at ordinary rates for staff members employed on
a five (5) day basis shall be:
|
Annual salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.8929
|
|
No of ordinary
hours
|
|
|
|
|
|
of work per week
|
(c) The formula
for the calculation of overtime at ordinary rates for staff members employed on
a seven (7) day basis shall be: -
|
Annual salary
|
x
|
7
|
x
|
1
|
|
1
|
|
365.25
|
|
No of ordinary
hours
|
|
|
|
|
|
of work per week
|
(d) To determine
time and one half, double time or double time and one half, the hourly rate at
ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated
to the nearest cent.
(e) Overtime is not
payable for time spent travelling.
37.
Review of Overtime Meal Allowances
(a) The rates of
overtime meal allowances shall be adjusted in accordance with the provisions
contained in the Review of Allowances Payable clause in terms of this Award.
(b) Where an
allowance payable under the Overtime Meal Allowances clause of this Award is
insufficient to reimburse the staff member the cost of a meal, properly and
reasonably incurred, the Chief Executive Officer or nominee shall approve
payment of actual expenses.
(c) Where the meal
was not purchased, payment of a meal allowance shall not be made.
(d) Receipts shall
be provided to the Chief Executive Officer or nominee in support of any claims
for additional expenses or when the staff member is required to substantiate
the claim.
38.
Higher Duties and Acting Allowances
Where at the direction of the Chief Executive Officer or
nominee a staff member relieves in a higher duties position, they shall be
entitled to a higher duties allowance in accordance with the provisions of the
Corporation’s Higher Duties - Policy and Provisions
39.
Public Holidays
(a) Staff members
shall be entitled to the following public holidays without loss of pay. New Year's Day, Australia Day, Good Friday,
Easter Sunday, Easter Monday, Labour Day, Anzac Day, Queen's Birthday,
Christmas Day, Boxing Day, Public Service holiday and any other day or days
which are proclaimed as public holidays throughout the State of New South
Wales.
(b) For the
purpose of this subclause:
(1) Where Christmas
Day falls on a Saturday or a Sunday the following Monday or Tuesday shall be
observed as a public holiday; and
(2) Where Boxing
Day falls on a Saturday or Sunday, the following Monday or Tuesday shall be
observed as a public holiday; and
(3) When New Year's
Day falls on a Saturday or on a Sunday, the following Monday shall be observed
as New Year's Day and the said Saturday and/or Sunday shall be deemed not to be
holidays.
(c) Other days may
be added to any of the above mentioned public holidays at the employer's
discretion, for example where a staff member is of another religious
denomination or ethnic background.
(d) The NSW Public
Service Holiday shall be enjoyed as a holiday and shall be held on a day as
determined by the Chief Executive Officer or nominee.
40.
First Aid Allowance
(a) A staff member
appointed as a First Aid Officer shall be paid a first aid allowance at the
rate appropriate to the qualifications held by such staff member as specified
in Item 8 of Table 2 - Allowances of Part B Monetary Rates.
(b) The First Aid
Allowance shall not be paid during extended leave or any other continuous
period of leave, which exceeds four weeks.
(c) When the First
Aid Officer is absent on leave for one week or more and another qualified staff
member is selected to relieve in the First Aid Officer's position, such staff
member shall be paid a pro rata first aid allowance for assuming the duties of
a First Aid Officer.
(d) Standard First
Aid Kits shall be provided and maintained by the Corporation (or insurer as
appropriate) in accordance with the Occupational
Health & Safety Act 2000 or Regulation.
(e) In the event
of any serious accident happening to any staff member or casual staff member
whilst on duty, at no cost to the staff member, shall provide appropriate
emergency transport facilities to the nearest hospital or doctor.
41. Travelling Compensation -
Excess Travelling Time
(a) A staff member
directed by the Chief Executive Officer or nominee to travel on official
business outside the usual hours of duty is entitled to apply and to be
compensated for such time either by:
(1) payment
calculated in accordance with the provisions contained in this clause; or
(2) taking
equivalent time off in lieu to be granted for excess time spent in travelling
on official business (subject to operational convenience).
(b) Compensation
under paragraphs (1) or (2) of this subclause, shall be subject to the
following conditions:
(1) on a
non-working day - all time spent travelling on official business;
(2) on a working
day - subject to the provisions of subclause (e) of this clause, all additional
time spent travelling before or after the staff member's normal hours of duty.
provided the period for which compensation is being
sought is more than a half an hour on any one-day.
(c) No
compensation for travelling time shall be given in respect of travel between
11.00 pm on any one day and 7.30 am on the following day where the staff member
has travelled overnight and sleeping facilities have been provided for the
staff member.
(d) Compensation
for travelling time shall be granted only in respect of the time that might
reasonably have been taken by the use of the most practical and economic means
of transport.
(e) Compensation
for excess travelling time shall exclude the following:
(1) Time normally
taken for the periodic journey from home to headquarters and return;
(2) Any periods of
excess travel of less than 30 minutes on any one day;
(3) Travel to new
headquarters on permanent transfer, if special leave has been granted for the
day or days on which travel is to be undertaken;
(4) Time from 11.00
pm on one day to 7.30 am on the following day if sleeping facilities have been
provided.
(5) Travel not
undertaken by the most practical available route;
(6) Any travel
undertaken by a member of staff whose salary includes an "all incidents of
employment" component;
(7) Travel
overseas.
(f) Rate of
Payment: Payment for travelling time calculated in terms of this clause shall
be at the staff member’s ordinary rate of pay on an hourly basis calculated as
follows:
|
Annual salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.8929
|
|
Normal hours of
work
|
(g) The rate of
payment for travel or waiting time on a non-working day shall be the same as
that applying to a working day.
(h) Staff members
whose salary is in excess of the maximum rate for the equivalent of WS Officer
Grade 5 shall be paid travelling time or waiting time calculated at the maximum
rate for WS Officer Grade 5 plus $1.00 per annum, as adjusted from time to
time.
(i) Time off in
lieu or payment for excess travelling time or waiting time will not be granted
or made for more than eight hours in any period of 24 consecutive hours (unless
there are exceptional circumstances approved by the Chief Executive Officer or
nominee).
42.
Waiting Time
When a staff member 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 shall be treated and compensated for in the
same manner as excess travelling time pursuant to the Excess Travelling Time
clause in this Award.
43.
Travelling Allowances - General
(a) The Chief
Executive Officer or nominee shall require staff members to obtain an
authorisation for all official travel prior to incurring any travel expense.
(b) Any authorised
official travel and associated expenses, properly and reasonably incurred by a
staff member required to perform duty at a location other than their normal
headquarters shall be met by the Corporation.
(c) Where
available at a particular centre or location, the overnight accommodation to be
occupied by staff members who travel on official business shall be the middle
of the range standard, referred to generally as three star or three-diamond
standard of accommodation.
(d) Where payment
of a proportionate amount of an allowance applies in terms of this clause, the
amount payable shall be the appropriate proportion of the daily rate. Any
fraction of an hour shall be rounded off to the nearest half-hour.
44.
Meal Expenses on One Way Journeys
A staff member who is authorised by the Chief Executive
Officer or nominee to undertake a one day journey on official business which
does not require the staff member to obtain overnight accommodation, shall be
paid the appropriate rate of allowance set out in Table 2 - Allowances of Part
B Monetary Rates for:
(a) Breakfast when
required to commence travel at or before 6.00 a.m. and at least 1 hour before
the prescribed starting time;
(b) An evening
meal when required to travel until or beyond 7.00 p.m.; and
(c) Lunch when
required to travel a total distance on the day of at least 100 kilometres and,
as a result, is located at a distance of at least 50 kilometres from the staff
member’s normal headquarters at the time of taking the normal lunch break.
45.
Travelling Allowances When Staying in Non Government Accommodation
(1) A staff member
who is required by the Chief Executive Officer or nominee to work from a
temporary work location shall be compensated for accommodation, meal and
incidental expenses properly and reasonably incurred during the time actually
spent away from the staff member's residence in order to perform the work.
(2) For the first
35 days, the payment shall be either:
(a) the
appropriate rate of allowance specified in Item 2 of Table 2 - Allowances of
Part B Monetary Rates for every period of 24 hours absence by the staff member’
from their residence; and
actual meal expenses properly and reasonably incurred
(excluding morning and afternoon teas) for any residual part day travel; or
(b) if the staff
member elects, actual expenses, properly and reasonably incurred for the whole
trip on official business (excluding morning and afternoon teas) together with
an incidental expenses allowance set out in Item 2 of Table 2 - Allowances of
Part B Monetary Rates.
(3) Payment of the
appropriate allowance for an absence of less than 24 hours may be made only
where the staff member satisfies the Chief Executive Officer or nominee that,
despite the period of absence being of less than 24 hours’ duration,
expenditure for accommodation and three meals has been incurred.
(4) Where a staff
member is unable to so satisfy the Chief Executive Officer or nominee, the
allowance payable for part days of travel shall be limited to the expenses
incurred during such part day travel.
(5) After the
first 35 days - If a staff member is required by the Chief Executive Officer or
nominee to work in the same temporary work location for more than 35 days, such
staff member shall be paid the appropriate rate of allowance as specified in
Item 2 of Table 2- Allowances of Part B Monetary Rates.
(6) Long term
arrangements - As an alternative to the provisions after the first 35 days set
out in subparagraph (5) above, the Corporation could make alternative
arrangements for meeting the additional living expenses, properly and
reasonably incurred by a staff member working from a temporary work location.
(7) The return of
a staff member to their home at weekends, on rostered days off or during short
periods of leave while working from a temporary work location shall not
constitute a break in the temporary work arrangement.
46.
Travelling Allowances When Staying in Government Accommodation
(a) When a staff
member working from a temporary work location is provided with accommodation by
the Government, the staff member shall be entitled to claim the incidental
expenses allowance set out in Item 3 of Table 2 - Allowances of Part B Monetary
Rates for the same period.
(b) If meals are
not provided by the Government at the temporary work location, the staff member
shall be entitled to claim also the reimbursement of any meal expenses properly
and reasonably incurred during the time spent at the temporary work location.
47.
Restrictions on Payment of Travelling Allowances
An allowance under the Travelling Allowance when staying in
Non Government Accommodation clause or Travelling Allowances when staying in
Government Accommodation clause is not payable in respect of:
(1) Any period
during which the staff member returns to their residence at weekends or public
holidays, commencing with the time of arrival at that residence and ending at
the time of departure from the residence;
(2) Any period of
leave, except with the approval of the Chief Executive Officer or nominee or as
otherwise provided by this subclause; or
(3) Any other
period during which the staff member is absent from the staff member's
temporary work location otherwise than on official duty.
(4) Notwithstanding
subclauses (1), (2) or (3) of this clause, a staff member in receipt of an
allowance under the Travelling Allowance when staying in Non Government
Accommodation clause or Travelling Allowances when staying in Government
Accommodation clause of this Award who is granted special leave to return to
their residence at a weekend, shall be entitled to an allowance under the
Travelling Allowance when staying in Non Government Accommodation clause in
respect of the necessary period of travel for the journey from the temporary
work location to the staff member's residence; and for the return journey from
the staff member's residence to the temporary work location, but is not
entitled to any allowance under this subclause, or any other allowance, in
respect of the same period.
(5) Notwithstanding
subclauses (1), (2) or (3) of this clause, a staff member in receipt of an
allowance under this subclause who, on ceasing to perform duty at or from a
temporary work location, leaves that location shall be entitled to an allowance
in accordance with the Travelling Allowance when staying in Non Government
Accommodation clause of this Award in respect of the necessary period of travel
to return to the staff member's residence or to take up duty at another
temporary work location, but is not entitled to any other allowance in respect
of the same period.
48.
Increase Or Reduction in Payment of Travelling Allowance
Where the Chief Executive Officer or nominee is satisfied
that a travelling allowance is:
(a) Insufficient
to adequately reimburse the staff member for expenses properly and reasonably
incurred, a further amount may be paid to reimburse the staff member for the
additional expenses incurred; or
(b) In excess of
the amount which would adequately reimburse the staff member for expenses
properly and reasonably incurred,
the Chief Executive Officer or nominee may reduce the
allowance to an amount, which would reimburse the staff member for expenses
incurred properly and reasonably.
49.
Production of Receipts
Payment of any actual expenses shall be subject to the
production of receipts, unless the Chief Executive Officer or nominee is
prepared to accept other evidence from the staff member.
50.
Travelling Distance
(a) The need to obtain
overnight accommodation shall be determined by the Chief Executive Officer or
nominee having regard to the safety of the staff member or members travelling
on official business and local conditions applicable in the area.
(b) Where staff
members are required to attend conferences or seminars, which involve evening
sessions, or staff members are required to make an early start at work in a
location away from their normal workplace, overnight accommodation shall be
appropriately granted by the Chief Executive Officer or nominee.
51.
Allowance Payable for Use of Private Motor Vehicle
(a) The Chief
Executive Officer or nominee may authorise a staff member to use a private
motor vehicle for work where:
(1) such use will
result in greater efficiency or involve the Corporation in less expense than if
travel were undertaken by other means; or
(2) where the staff
member is unable to use other means of transport due to a disability.
(a) There shall be
different classes of allowance payable for the use of a private motor vehicle
for work. The appropriate rate of the
"casual rate" of allowance or the "official business rate"
of allowance, as defined in the Definitions clause of this Award, shall be paid
depending on the circumstances and the purpose for which the vehicle is used.
(b) The staff
member must have in force in respect of a motor vehicle used for work, in
addition to any policy required to be effected or maintained under the Motor Vehicles (Third Party Insurance) Act,
1942, a comprehensive motor vehicle insurance policy to an amount and in a form
approved by the Chief Executive Officer or nominee.
(c) A staff member
who, with the approval of the Chief Executive Officer or nominee, uses a
private motor vehicle for work shall be paid an appropriate rate of allowance
specified in Item 4 of Table 2 - Allowances of Part B Monetary Rates for the
use of such private motor vehicle.
(d) Expenses such
as tolls etc. shall be refunded to staff members where the charge was incurred
during approved work related travel.
(e) Where a staff
member tows a trailer or horse-float during travel resulting from approved work
activities while using a private vehicle, the staff member shall be entitled to
an additional allowance as prescribed in Item 5 of Table 2- Allowances of Part
B Monetary Rates.
(f) Except as
otherwise specified in this Award, a staff member shall bear the cost of
ordinary daily travel by private motor vehicle between the staff member's
residence and headquarters.
52.
Compensation for Loss Or Damage to Private Property
(a) Where damage
to or loss of the staff member's private 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 Corporation
covering the damage to or loss of the personal property of the staff member.
(b) If a claim
under subclause (a) of this subclause is rejected by the insurer, the Chief
Executive Officer or nominee may compensate a staff member for the damage to or
loss of private property, if such damage or loss:
(1) is due to the
negligence of the Corporation, another staff member, or both, in the
performance of their duties; or
(2) is caused by a
defect in a staff member's material or equipment; or
(3) results from a
staff member’s protection of or attempt to protect Corporation property from
loss or damage.
(c) Compensation
in terms of subclause (b) of this clause shall be limited to the amount
necessary to repair the damaged item.
Where the item cannot be repaired or is lost, the Chief Executive
Officer or nominee 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 replaced item.
(d) For the
purpose of this subclause, personal property means a staff member's clothes,
spectacles, hearing aid, tools of trade or similar items, which are ordinarily
required for the performance of the staff member’s duties.
(e) Compensation
for the damage sustained shall be made by the Corporation 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.
(f) Where staff
members have tools of trade that are registered with the Corporation the
conditions under this clause will apply.
53.
Leave - General Provisions
(a) The provisions
contained in this clause apply to all staff members other than those to whom
arrangements apply under another industrial instrument or under a local
arrangement negotiated between the Chief Executive Officer or nominee or their
nominee and the relevant union in terms of the Local Arrangements clause of
this Award.
(b) Unless
otherwise specified, part-time staff members will receive the conditions of
this clause on a pro rata basis, calculated according to the number of hours
worked per week.
(c) Where paid and
unpaid leave available to be granted in terms of this Award, paid leave shall
be taken before unpaid leave.
54.
Absence from Work
(a) A staff member
must not be absent from work unless reasonable cause is shown.
(b) If a staff
member is to be absent from duty because of illness or other emergency, the
staff member shall notify or arrange for another person to notify the Chief
Executive Officer or nominee as soon as possible of the staff member's absence
and the reason for the absence.
(c) If a
satisfactory explanation for the absence is not provided, the staff member will
be regarded as absent from duty without authorised leave and the Chief
Executive Officer or nominee shall deduct from the pay of the staff member the
amount equivalent to the period of the absence.
(d) The minimum
period of leave available to be granted shall be a quarter day, unless local arrangements
negotiated in the workplace allow for a lesser period to be taken.
(e) Nothing in
this clause affects any proceedings for a breach of discipline against a staff
member who is absent from duty without authorised leave.
55.
Applying for Leave
(a) An application
by a staff member for leave under this clause shall be made to and dealt with
by the Chief Executive Officer or nominee.
(b) The Chief
Executive Officer or nominee shall deal with the application for leave
according to the wishes of the staff member if the operational requirements of
the Corporation permit this to be done.
56.
Adoption Leave
(a) A staff member
adopting a child and who will be the primary care giver shall be entitled to be
granted adoption leave:
(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
(2) for such
period, not exceeding 12 months on a full-time basis, as the Chief Executive
Officer or nominee may determine, if the child has commenced school at the date
of the taking of custody.
(b) A staff member
who has been granted adoption leave may, with the permission of the Chief
Executive Officer or nominee, take leave:
(1) full-time for a
period not exceeding 12 months; or
(2) part-time over
a period not exceeding 2 years; or
(3) partly
full-time and partly part-time over a proportionate period of up to 2 years.
(c) Adoption leave
shall commence on the date that the staff member takes custody of the child
concerned, whether that date is before or after the date on which a court makes
an order for the adoption of the child by the staff member.
(d) A staff member
who resumes duty immediately on the expiration of adoption leave shall:
(1) if the
position occupied by the staff member immediately before the commencement of
that leave still exists be entitled to be placed in that position; or
(2) if the
position so occupied by the staff member has ceased to exist, but there are
other positions available that the staff member is qualified for and is capable
of performing, the staff member shall be appointed, to a position of the same
grade and classification as the staff member’s former position.
(e) A staff member
who will be the primary care giver from the date of taking custody of the
adopted child shall be entitled to payment at the ordinary rate of pay for a
period of 3 weeks of adoption leave or the period of adoption leave taken,
whichever is the lesser period if the staff member:
(1) applied for
adoption leave within the time and in the manner determined by the Chief
Executive Officer or nominee ; and
(2) prior to the
commencement of adoption leave, completed not less than 40 weeks' continuous
service.
(f) Except as
provided in subclause (e) of this clause, adoption leave shall be granted
without pay.
(g) Special
Adoption Leave:
(1) A staff member
shall be entitled to special adoption leave without pay for up to 2 days to
attend interviews or examinations for the purposes of adoption.
(2) Special
adoption leave may be taken as a charge against recreation leave, extended
leave, family and community service leave or local arrangements as negotiated.
57.
Extended Leave
It is the intention of the parties to continue to apply the
relevant provisions of Schedule 3 of the Public
Sector Employment and Management Act 2002 in relation to the accrual and
taking of extended leave.
58.
Family and Community Service Leave
(a) The Chief
Executive Officer or nominee shall, in the case of emergencies or in personal
or domestic circumstances, grant to a staff member some or all of the available
family and community service leave on full pay.
(b) Such cases may
include but not be limited to the following:-
(1) Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
(2) 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;
(3) Emergency or
weather conditions - such as when flood, fire or snow etc. threaten property
and/or prevent a staff member from reporting for duty;
(4) Other personal
circumstances - such as citizenship ceremonies, parent/teacher interviews or
attending child's school for other reasons;
(c) Attendance
at court by a staff member to answer a charge for a criminal offence, if the
Chief Executive Officer or nominee considers the granting of family and
community service leave to be appropriate in a particular case;
(d) Staff members
who are selected to represent Australia or the State as competitors in major
amateur sport (other than Olympic or Commonwealth Games);
(e) Staff who hold
office in Local Government other than as a Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council, to attend
meetings, conferences or other duties associated with that office where those
duties necessitate absence during normal working hours.
(f) The maximum
amount of family and community service leave on full pay which may, subject to
this award, be granted to a staff member shall be the greater of the leave
provided in paragraph (1) or (2) of this subclause.
(1) 2½ of the
staff member’s working days in the first year of service and, on completion of
the first year’s service, 5 of the staff member’s working days in any period of
2 years; or
(2) After the
completion of 2 years’ continuous service, the available family and community
service leave is determined by allowing 1 day's leave for each completed year
of service less the total amount of short leave or family and community service
leave previously granted to the staff member.
(g) If available
family and community service leave is exhausted as a result of natural
disasters, the Chief Executive Officer or nominee shall consider applications
for additional family and community service leave, if some other emergency
arises. On the death of a person defined in subclause (c) of clause 85. Sick
Leave to Care for a Sick Family Member, additional paid family and community
service leave of up to 2 days may be granted on a discrete, per occasion basis
to a staff member.
(h) In cases of
illness of a family member for whose care and support the staff member is
responsible, paid sick leave in accordance with subclause (c) of clause 68 Sick
Leave to Care for a Family Member shall be granted when paid family and
community service leave has been exhausted.
59.
Leave Without Pay
(a) The Chief
Executive Officer or nominee may grant leave without pay to a staff member if
good and sufficient reason is shown.
(b) Leave without
pay may be granted on a full-time or a part-time basis.
(c) Where a staff
member is granted leave without pay for a period not exceeding 10 consecutive
working days, the staff member shall be paid for any proclaimed public holidays
falling during such leave without pay.
(d) Where a staff
member is granted leave without pay, which, when aggregated, does not exceed 5
working days in a period of twelve (12) months, such leave shall count as
service for incremental progression and accrual of recreation leave.
(e) A staff
member, who has been granted leave without pay, shall not engage in private
employment of any kind during the period of leave without pay, unless prior
approval has been obtained from the Chief Executive Officer or nominee.
(f) A staff
member shall not be required to exhaust accrued paid leave before proceeding on
leave without pay but, if the staff member elects to combine all or part of
accrued paid leave with leave without pay, the paid leave shall be taken before
leave without pay.
(g) No paid leave
shall be granted during a period of leave without pay.
60.
Maternity Leave
(a) A staff member
who is pregnant shall, subject to this clause, be entitled to be granted
maternity leave as follows:
(1) for a period
up to 9 weeks prior to the expected date of birth; and
(2) for a further
period of up to 12 months after the actual date of birth.
(b) A staff member
who has been granted maternity leave may, with the permission of the Chief
Executive Officer or nominee, take leave after the actual date of birth:
(1) full-time for a
period of up to 12 months; or
(2) part-time for a
period of up to 2 years; or
(3) as a
combination of full-time and part-time over a proportionate period of up to 2
years.
(c) A staff member
who has been granted maternity leave and whose child is stillborn may elect to
take available sick leave instead of maternity leave.
(d) A staff member
who resumes duty before her child’s first birthday or on the expiration of 12
months from the date of birth of her child shall be entitled to resume duty in
the position occupied by her immediately before the commencement of maternity
leave, if the position still exists.
(e) If the
position occupied by the staff member immediately prior to the taking of
maternity leave has ceased to exist, but there are other positions available
that the staff member is qualified for and is capable of performing, the staff
member shall be appointed to a position of the same grade and classification as
the staff member’s former position.
(f) A staff
member who:
(1) applied for
maternity leave within the time and in the manner determined by the Chief
Executive Officer or nominee; and
(2) prior to the
expected date of birth, completed not less than 40 weeks' continuous service,
shall be paid at her ordinary rate of pay for a period
not exceeding 9 weeks or the period of maternity leave taken, whichever is the
lesser period.
(g) Except as
provided in sub-clause (f) of this clause, maternity leave shall be granted without
pay.
(h) The Chief
Executive Officer or nominee shall consider, where possible and appropriate, an
application to transfer to safer duties of a pregnant staff member either
before and/or after the birth of an unborn or a newborn child on a case-by-case
basis.
61.
Military Leave
(a) During the
period of 12 months commencing on 1 July each year, the Chief Executive Officer
or nominee may grant to a staff member who is a volunteer part-time member of
the Defence Forces, military leave on full pay to undertake compulsory annual
training and to attend schools, classes or courses of instruction conducted by
the staff member’s unit.
(b) Up to 24
working days military leave per year may be granted by the Chief Executive
Officer or nominee to members of the Naval and Military Reserves and up to 28
working days per year to members of the Air Force Reserve for the activities
specified in subclause (a) of this clause.
(c) At the
expiration of military leave, the staff member shall furnish to the Chief
Executive Officer or nominee a certificate of attendance signed by the
commanding officer or other responsible officer.
62.
Observance of Essential Religious Or Cultural Obligations
(a) A staff member
of:
(1) any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
(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,
leave without pay, or negotiate local arrangements to do so.
(b) Provided
adequate notice as to the need for leave is given by the staff member to the
Corporation and it is operationally convenient to release the staff member from
duty, the Chief Executive Officer or nominee must grant the leave applied for
by the staff member in terms of this subclause.
(c) A staff member
of any religious faith who seeks time off during daily working hours to attend
to essential religious obligations of that faith, shall be granted such time
off by the Chief Executive Officer or nominee, subject to:
(1) adequate notice
being given by the staff member;
(2) prior approval
being obtained by the staff member; and
(3) the time off
being made up in the manner approved by the Chief Executive Officer or nominee.
(d) Notwithstanding
the provisions of subclauses (a), (b) and (c) of this clause, arrangements may
be negotiated between the Corporation and the Relevant union in terms of the
Local Award Arrangements clause in this Award to provide greater flexibility
for staff members for the observance of essential religious or cultural
obligations.
63.
Parental Leave
Parental leave is available to a staff member who applies
for leave to look after their child or children.
(a) Parental leave
applies as follows:
(1) Short Parental
Leave:
An unbroken period of up to one week 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;
(2) Extended
Parental Leave:
For a period not exceeding 12 months, less any short
parental leave already taken by the staff member as provided for in paragraph
(1) of this subclause.
(b) Extended
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.
(c) A staff member
who has been granted parental leave may, with the permission of the Chief
Executive Officer or nominee take such leave:
(1) full-time for a
period not exceeding 12 months; or
(2) part-time over
a period not exceeding 2 years; or
(3) partly
full-time and partly part-time over a proportionate period of up to 2 years.
(d) A staff member
who resumes duty immediately on expiration of parental leave shall:
(1) if the
position occupied by the staff member immediately before the commencement of
that leave still exists be entitled to be placed in that position; or
(2) if the
position occupied by the staff member has ceased to exist, but there are other
positions available that the staff member is qualified for and is capable of
performing, the staff member shall be appointed, to a position of the same
grade and classification as the staff member’s former position.
(e) Parental leave
shall be granted without pay, unless the staff member elects to take accrued
recreation or extended leave in respect of some or all of the period of
parental leave.
64.
Recreation Leave
(a) Accrual
(1) Except where
stated otherwise in this Award, paid recreation leave for full time staff
members and recreation leave for staff members working part time, accrues at
the rate of 20 working days per year.
(2) Staff members
working part time shall accrue paid recreation leave on a pro rata basis, which
will be determined on the average weekly hours worked per leave year.
(3) Recreation
leave accrues from day to day.
(b) Limits on Accumulation and Direction to
Take Leave
(1) At least two
(2) consecutive weeks of recreation leave shall be taken by a staff member
every 12 months, except by agreement with the Chief Executive Officer or
nominee in special circumstances.
(2) Where the
operational requirements permit, the application for leave shall be dealt with
by the Chief Executive Officer or nominee according to the wishes of the staff
member.
(3) The Chief
Executive Officer or nominee shall notify the staff member in writing when
accrued recreation leave reaches 6 weeks or its hourly equivalent and at the
same time may direct a staff member to take at least 2 weeks recreation leave within
3 months of the notification at a time convenient to the Corporation.
(4) The Chief
Executive Officer or nominee shall notify the staff member in writing when
accrued recreation leave reaches 8 weeks or its hourly equivalent and direct
the staff member to take at least 2 weeks recreation leave within 6 weeks of
the notification. Such leave is to be taken at a time convenient to the
Corporation.
(c) Conservation
of Leave
If the Chief Executive Officer or nominee is satisfied
that a staff member is prevented by operational or personal reasons from taking
sufficient recreation leave to reduce the accrued leave below an acceptable
level of between 4 and 6 weeks or its hourly equivalent, the Chief Executive
Officer or nominee shall:
(1) specify in
writing the period of time during which the excess shall be conserved; and
(2) on the
expiration of the period during which conservation of leave applies, grant
sufficient leave to the staff member at a mutually convenient time to enable
the accrued leave to be reduced to an acceptable level below the 8 weeks'
limit.
(3) The Chief
Executive Officer or nominee will inform a staff member in writing on a regular
basis of the staff member’s recreation leave accrual.
(d) Miscellaneous
(1) Unless a local
arrangement has been negotiated between the Chief Executive Officer or nominee
and the Relevant union, recreation leave is not to be granted for a period less
than a quarter day or in other than multiples of a quarter day.
(2) Recreation
leave for which a staff member is eligible on cessation of employment is to be
calculated to a quarter day (fractions less than a quarter being rounded up).
(3) Recreation
leave does not accrue to a staff member in respect of any period of absence
from duty without leave or without pay, except as specified in paragraph (4) of
this subclause.
(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.
(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 (4) of this
subclause shall be calculated to an exact quarter-day (fractions less than a
quarter being rounded down).
(6) Recreation
leave accrues at half its normal accrual rate during periods of extended leave
on half pay.
(7) On cessation
of employment, a staff member is entitled to be paid, the monetary value of
accrued recreation leave, which remains untaken.
(8) A staff member
to whom paragraph (7) 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.
(e) Death:
Where a staff member dies, the monetary value of
recreation leave accrued and remaining untaken as at the date of death, shall
be paid to the staff member's nominated beneficiary.
(f) Where no
beneficiary has been nominated
Where no beneficiary has been nominated, the monetary
value of recreation leave is to be paid as follows:
(1) to the widow
or widower of the staff member; or
(2) if there is no
widow or widower, to the children of the staff member or, if there is a
guardian of any children entitled under this subclause, to that guardian for
the children's maintenance, education and advancement; or
(3) if there is no
such widow, widower or children, to the person who, in the opinion of the Chief
Executive Officer or nominee was, at the time of the staff member's death, a
dependent relative of the staff member; or
(4) if there is no
person entitled under paragraphs (1) or (2) or (3) of this subclause to receive
the monetary value of any leave not taken or not completed by a staff member or
which would have accrued to the staff member, the payment shall be made to the
personal representative of the staff member.
65.
Annual Leave Loading
(a) General
(1) Unless more
favourable conditions apply to a staff member under another industrial
instrument, a staff member, other than a trainee who is paid by allowance, is
entitled to be paid an annual leave loading as set out in this subclause.
(2) Subject to the
provisions set out in sub-clauses (b) to (f) of this clause, leave loading
shall be 17½% on the monetary value of up to 4 weeks’ recreation leave accrued
in a leave year.
(b) Loading on
additional leave accrued
(1) Where
additional leave is accrued by a staff member as compensation for work
performed regularly on Sundays and/or Public Holidays, the annual leave loading
shall be calculated on the actual leave accrued or on five weeks, whichever is
the higher.
(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 shall continue to be paid on a
maximum of 4 weeks leave.
(c) Maximum
Loading
Unless otherwise provided in an Award or Agreement
under which the staff member is paid, the annual leave loading payable shall
not exceed the amount which would have been payable to a staff member in
receipt of salary equivalent to the maximum salary for a WS Officer Grade 12
under this Award.
(d) Leave year
(1) For the
calculation of the annual leave loading, the leave year shall commence on 1
December each year and shall end on 30 November of the following year.
(2) From 1 December
2002, the provisions as set out in paragraph (1) of this sub-clause shall not
apply as leave loading shall be paid as part of salary in accordance with the
respective provisions of this clause.
(e) Payment of
annual leave loading
Up to 30 November 2002, payment of the annual leave
loading shall be made on the recreation leave accrued during the previous leave
year (1 December 2001 to 30 November 2002) and shall be subject to the
following conditions:
(1) Annual leave
loading shall be paid up to 30 November 2002, when a staff member takes at
least two (2) consecutive weeks leave for recreation purposes. Such leave may be a combination of
recreation leave and any of the following: public holidays, extended leave,
leave without pay, time off in lieu, banked agreed days and due agreed
settlement days.
(2) Where by 30
November 2002 a staff member has accrued annual leave loading from the previous
year (1 December 2000 to 30 November 2001) and/or accrued annual leave loading
from the current year, then the payment of the total outstanding annual leave
loading entitlement for the previous leave years shall be made to the staff
member as at 30 November 2002.
(3) A staff
member, who has not been paid the annual leave loading for the previous leave
year, shall be paid such annual leave loading on resignation, retirement or
termination by the employer for any reason other than the staff member's
serious and intentional misconduct.
(4) Except in cases
of voluntary redundancy, proportionate leave loading is not payable on
cessation of employment.
(f) Annualised
annual leave loading
(1) From 1 December
2002, the base salary of all positions shall increase by the equivalent
proportioned amount of the annual leave loading calculated and be paid as part
of salary.
(2) The new salary
with leave loading included shall then commence from 1 December 2002. (Refer
to, Table 1 - Salaries, Part B, Monetary Rates).
66.
Sick Leave
(a) If the Chief
Executive Officer or nominee is satisfied that a staff member is unable to
perform duty because of the staff member’s illness or the illness of his/her
family member, the Chief Executive Officer or nominee:
(1) shall grant to
the staff member sick leave on full pay; and
(2) may grant to
the staff member, sick leave without pay if the absence of the staff member
exceeds the entitlement of the staff member under this Award to sick leave on
full pay.
(b) Entitlements:
(1) Sick leave on
full pay accrues to a staff member at the rate of 15 days each calendar
year. Any leave accrued and not
utilised accumulates.
(2) Sick leave on
full pay accrues at the beginning of the calendar year. If a staff member is appointed after 1
January, sick leave on full pay accrues on a proportionate basis for the year
in which employment commences.
(3) Sick leave
without pay shall count as service for the accrual of recreation leave and paid
sick leave. In all other respects sick
leave without pay shall be treated in the same manner as leave without pay.
(4) When
determining the amount of sick leave accrued, sick leave granted on less than
full pay shall be converted to its full pay equivalent.
(5) Paid sick leave
shall not be granted during a period of unpaid leave.
(c) Payment during
the initial 3 months of service:
(1) Paid sick leave
which may be granted to a staff member, other than a seasonal or relief staff
member, in the first 3 months of service shall be limited to 5 days’ paid sick
leave, unless the Chief Executive Officer or nominee approves otherwise.
(2) Paid sick leave
in excess of 5 days granted in the first 3 months of service shall be supported
by a satisfactory medical certificate.
(d) Seasonal
or Relief Staff:
No paid sick leave shall be granted to
temporary staff members who are employed as seasonal or relief staff for a period
of less than 3 months.
67. Sick Leave - Requirements for Medical
Certificate
(a) A staff member absent from duty for more
than 3 consecutive working days because of illness must furnish a medical
certificate to the Chief Executive Officer or nominee in respect of the
absence.
(b) A staff member shall be put on notice in
advance if required by the Chief Executive Officer or nominee to furnish a
medical certificate in respect of an absence from duty for 3 consecutive
working days or less because of illness.
(c) If there is any concern about the reason
shown on the medical certificate, the Chief Executive Officer or nominee, after
discussion with the staff member, may refer the medical certificate and the
staff member's application for leave to the Corporation’s or the Government
Medical Officer for advice.
(d) The nature of the leave to be granted to
a staff member shall be determined by the Chief Executive Officer or nominee on
the advice of the Corporation or Government Medical Officer.
(e) If sick leave applied for is not
granted, the Chief Executive Officer or nominee must, as far as practicable,
take into account the wishes of the staff member when determining the nature of
the leave to be granted.
(f) A staff member may elect to have an
application for sick leave dealt with confidentially by the Corporation or
Government Medical Officer in accordance with the Corporation policy on
confidentiality, as applies from time to time.
(g) If a staff member who is absent on
recreation leave or extended leave, furnishes to the Chief Executive Officer or
nominee a satisfactory medical certificate in respect of an illness which
occurred during the leave, the Chief Executive Officer or nominee may, subject
to the provisions of this clause, grant sick leave to the staff member as
follows:
(1) in respect of recreation leave, the
period set out in the medical certificate;
(2) in respect of extended leave, the period
set out in the medical certificate if such period is 5 working days or more.
(h) Subclause (g) above applies to all staff
members other than those on leave prior to resignation or termination of
services, unless the resignation or termination of services amounts to a
retirement.
(i) The reference in this clause to a
medical certificate shall apply, as appropriate, to the certificates of up to
one week provided by a registered dentist, optometrist, chiropractor,
osteopath, physiotherapist, oral and maxillo facial surgeon or, at the Chief
Executive Officer or nominee’s discretion, another registered health services
provider.
(j) Where the absence exceeds one week, and
unless the health provider listed above is also a registered medical
practitioner, applications for any further sick leave must be supported by a
medical certificate from a registered medical practitioner.
68. Sick Leave to Care for a Family Member
When family and
community service leave provided for in the Sick Leave clause of this Award is
exhausted, a staff member with responsibilities in relation to a category of
person set out in subclause (c) of this clause who needs the staff member's
care and support, may elect to use available paid sick leave, subject to the
conditions specified in this subclause, to provide such care and support when a
family member is ill.
(a) The sick leave shall initially be taken
from the current leave year’s entitlement followed, if necessary, by the sick
leave accumulated over the previous 3 years.
In special circumstances, the Chief Executive Officer or nominee may
grant additional sick leave from the sick leave accumulated during the staff
member’s eligible service.
(b) If required by the Chief Executive
Officer or nominee, the staff member must establish by production of a medical
certificate or statutory declaration, the illness of the person concerned.
(c) The entitlement to use sick leave in
accordance with this subclause is subject to:
(1) the staff member being responsible for
the care and support of the person concerned; and
(2) the person concerned being: -
(i) a spouse of the staff member; or
(ii) a de-facto spouse being a person of the
opposite sex to the staff member who lives with the staff member as her husband
or his wife on a bona fide domestic basis although not legally married to that
staff member; or
(iii) a child or an adult child (including an
adopted child, a step child, a foster child or an ex-nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of the staff member or of spouse or of de-facto spouse of the staff
member; or
(iv) a same sex partner who lives with the
staff member as the de-facto partner of that staff member on a bona fide
domestic basis; or a relative of the staff member who is a member of the same
household, where for the purposes of this definition:
"relative"
means a person related by blood, marriage, affinity or Aboriginal kinship
structures;
"affinity"
means a relationship that one spouse or partner has to the relatives of the
other; and
"household"
means a family group living in the same domestic dwelling.
69. Sick Leave - Workers' Compensation
(a) The Chief
Executive Officer or nominee shall advise each staff member of the rights under
the Workers Compensation Act 1987, as
amended from time to time, and shall give such assistance and advice, as necessary,
in the lodging of any claim.
(b) A staff member
who is or becomes unable to attend for duty or to continue on duty in
circumstances, which may give the staff member a right to claim compensation
under the Workers Compensation Act
1987, shall be required to lodge a claim for any such compensation.
(c) Where, due to
the illness or injury, the staff member is unable to lodge such a claim in
person, the Chief Executive Officer or nominee shall assist the staff member or
the representative of the staff member, as required, to lodge a claim for any
such compensation.
(d) The Chief
Executive Officer or nominee will ensure that, once received by the
Corporation, a staff member’s worker’s compensation claim is lodged by the
Corporation with the workers’ compensation insurer within the statutory period
prescribed in the Workers Compensation
Act 1987.
(e) Pending the
determination of that claim and on production of an acceptable medical
certificate, the Chief Executive Officer or nominee shall grant sick leave on
full pay for which the staff member is eligible followed, if necessary, by sick
leave without pay or, at the staff member's election by accrued recreation
leave or extended leave.
(f) If liability
for the workers compensation claim is accepted, then an equivalent period of
any sick leave taken by the staff member pending acceptance of the claim shall
be restored to the credit of the staff member.
(g) A staff member
who continues to receive compensation after the completion of the period of 26
weeks referred to in section 36 of the Workers
Compensation Act 1987 may use any accrued and untaken sick leave to make up
the difference between the amount of compensation payable under that Act and
the staff member's ordinary rate of pay.
Sick leave utilised in this way shall be debited against the staff
member.
(h) If a staff
member notifies the Chief Executive Officer or nominee that he or she does not
intend to make a claim for any such compensation, the Chief Executive Officer
or nominee shall consider the reasons for the staff member's decision and shall
determine whether, in the circumstances, it is appropriate to grant sick leave
in respect of any such absence.
(i) A staff
member may be required to submit to a medical examination under the Workers Compensation Act 1987 in
relation to a claim for compensation under that Act.
(j) If a staff
member refuses to submit to a medical examination without an acceptable reason,
the staff member shall not be granted available sick leave on full pay until
the examination has occurred and a medical certificate is issued indicating
that the staff member is not fit to resume employment.
(k) If the Chief
Executive Officer or nominee provides the staff member with employment which
meets the terms and conditions specified in the medical certificate issued
under the Workers Compensation Act
1987 and, without good reason, the staff member fails, to resume or perform
such duties, the staff member shall be ineligible for all payments in
accordance with this clause from the date of the refusal or failure.
(l) No further
sick leave shall be granted on full pay if there is a commutation of weekly
payments of compensation by the payment of a lump sum pursuant to section 51 of
the Workers Compensation Act 1987.
(m) Nothing in this
clause prevents a staff member from appealing a decision or taking action under
other legislation made in respect of:
(1) the staff
member's claim for workers' compensation;
(2) the conduct of
a medical examination by a Government or other Medical Officer;
(3) a medical
certificate issued by the examining Government or other Medical Officer; or
(4) action taken by
the Chief Executive Officer or nominee 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.
70. Sick Leave -
Claims Other Than Workers' Compensation
(a) If the
circumstances of any injury to or illness of a staff member give rise to a
claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987, sick
leave on full pay may, subject to and in accordance with this clause, be
granted to the staff member on completion of an acceptable undertaking that:
(1) any such
claim, if made, will include a claim for the value of any period of paid sick
leave granted by the Corporation to the staff member; and
(2) in the event
that the staff member receives or recovers damages or compensation pursuant to
that claim for loss of salary or wages during any such period of sick leave,
the staff member will repay to the Corporation the monetary value of any such
period of sick leave.
(b) Sick leave on
full pay shall not be granted to a staff member who refuses or fails to
complete an undertaking, except in cases where the Chief Executive Officer or
nominee is satisfied that the refusal or failure is unavoidable.
(c) On repayment
to the Corporation of the monetary value of sick leave granted to the staff
member, sick leave equivalent to that repayment and calculated at the staff
member’s ordinary rate of pay, shall be restored to the credit of the staff
member.
71.
Special Leave With Full Pay
(a) Jury Service:
(1) A staff member
shall, as soon as possible, notify the Chief Executive Officer or nominee of
the details of any jury summons served on the staff member.
(2) A staff member
who, during any period when required to be on duty, attends a court in answer
to a jury summons shall, upon return to duty after discharge from jury service,
furnish to the Chief Executive Officer or nominee a certificate of attendance
issued by the Sheriff or by the Registrar of the court giving particulars of
attendances by the staff member during any such period and the details of any
payment or payments made to the staff member under section 72 of the Jury Act 1977 in respect of any such
period.
(3) When a
certificate of attendance on jury service is received in respect of any period
during which a staff member was required to be on duty, the Chief Executive
Officer or nominee shall grant, in respect of any such period for which the
staff member has been paid out-of-pocket expenses only, special leave on full
pay. In any other case, the Chief
Executive Officer or nominee shall grant, at the sole election of the staff
member, available recreation leave on full pay, agreed settlement day leave or
leave without pay.
(b) Witness at
Court - Official Capacity:
When a staff member is subpoenaed or called as a
witness in an official capacity, the staff member shall be regarded as being on
duty.
(1) salary and any
expenses properly and reasonably incurred by the staff member in connection
with the staff member’s appearance at Court, as a witness in an official
capacity shall be paid by the Corporation.
(c) Witness at
Court - Other than in Official Capacity - Crown Witness:
A staff member who is subpoenaed or called as a witness
by the Crown (whether in right of the Commonwealth or in right of any State or
Territory of the Commonwealth) shall:
(1) be granted,
for the whole of the period necessary to attend as such a witness, special
leave on full pay; and
(2) pay into the
Treasury of the State of New South Wales all money paid to the staff member
under or in respect of any such subpoena or call other than any such money so paid
in respect of reimbursement of necessary expenses properly incurred in answer
to that subpoena or call.
(3) Relevant union
Witness - a staff member called by the relevant union to give evidence before
an Industrial Tribunal or in another jurisdiction, shall be granted special
leave by the Corporation for the required period.
(d) Called as a
witness in a private capacity:
A staff member who is subpoenaed or called as a witness
in a private capacity shall, for the whole of the period necessary to attend as
such a witness, be granted at the staff member's election, available recreation
leave on full pay or leave without pay.
(e) Examinations:
Special leave on full pay up to a maximum of 5 days in
any one year shall be granted to staff members for the purpose of attending at
any examination approved by the Chief Executive Officer or nominee.
(1) Special leave
granted to attend examinations should include leave for any necessary travel to
or from the place at which the examination is held.
(f) Special Leave
- Union Activities
Special leave on full pay may be granted to staff
members who are accredited trade union delegates to undertake trade union
activities as provided for in the Trade Union Activities Attracting Special
Leave clause of this award.
(g) Return Home
When Temporarily Living Away from Home:
Sufficient special leave, as set out in this subclause,
shall be granted to a staff member who is temporarily living away from home as
a result of work requirements. Such
staff member shall 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 staff member wishes
to return home more often, such staff member may be granted recreation leave,
extended leave, negotiate local arrangements, or leave without pay, if the
operational requirements allow.
(h) National
Aborigines and Islander Day of Commemoration
A staff member who identifies as an Aborigine or a
Torres Strait Islander may be granted up to one day’s special leave per year to
enable the staff member to participate in the National Aborigines and Islander
Day of Commemoration celebrations.
(i) Special Leave - Other Purposes:
Special leave on full pay may be granted to staff
members by the Chief Executive Officer or nominee for other purposes, subject
to the conditions specified in the Corporation Human Resources Handbook at the
time the leave is taken.
72.
Personal & Professional Development and Training Activities
(a) For the
purpose of this clause, the following shall be regarded as staff personal and
professional development and training activities:
(1) all
developmental courses conducted by an approved provider and all courses
conducted by or in association with the Corporation;
(2) short
educational and training courses conducted by generally recognised public or
private educational bodies; and
(3) conferences,
conventions, seminars, or similar activities conducted by professional, learned
or other generally recognised societies, including Federal or State Government
bodies or approved for attendance by the Corporation.
(b) For the
purposes of this subclause, the following shall not be regarded as staff development
and training activities:
(1) activities for
which study assistance is appropriate;
(2) activities to
which other provisions of this Award apply (e.g., courses conducted by the
Relevant union); and
(3) activities,
which are of no specific relevance to the Corporation.
(c) Attendance
of a staff member at activities considered by the Chief Executive Officer or
nominee to be:
(1) essential for
the efficient operation of the Corporation; or
(2) developmental
and of benefit to the Corporation.
(3) in the best
interests of the staff member and the Corporation if done by way of a block
release bearing in mind staffing and other requirements of the section;
shall be regarded as on duty for the purpose of payment
of salary if a staff member attends such an activity during normal working
hours.
(d) The following
provisions shall apply, as appropriate, to the activities considered to be
essential for the efficient operation of the Corporation referred to in (c)
above:
(1) recognition
that the staff members are performing normal duties during the course;
(2) adjustment for
the hours so worked under the working hours arrangements;
(3) payment of
course fees;
(4) payment or
reimbursement 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
(5) payment of
overtime where the activity could not be conducted during the staff member's
normal hours and the Chief Executive Officer or nominee is satisfied that the
approval to attend constitutes a direction to work overtime under the Overtime
clause in this Award.
(e) The following
provisions shall apply, as appropriate, to the activities considered to be
development and of benefit to the Corporation:
(1) recognition of
the staff member as being on duty during normal working hours whilst attending
the activity;
(2) payment of
course fees;
(3) reimbursement
of any actual necessary expenses incurred by the staff member for travel costs,
meals and accommodation, provided that the expenses have not been paid as part
of the course fee; and
(4) such other
conditions as may be considered appropriate by the Chief Executive Officer or
nominee given the circumstances of attending at the activity, such as
compensatory leave for excess travel or payment of travelling expenses.
73.
Study Time
(a) The Chief
Executive Officer or nominee shall have the power to grant or refuse study
time.
(b) Where the
Chief Executive Officer or nominee approves the grant of study time, the grant
shall be subject to:
(1) The course
being a course relevant to the Corporation;
(2) The time being
taken at the convenience of the Corporation; and
Study time for staff members 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.
(c) Study time may
be granted to both full and part-time staff members.
Part-time staff members however shall be entitled to a
pro-rata allocation of study leave to that of a full-time staff member.
(d) Study time may
be used for:
(1) attending
compulsory lectures, tutorials, residential schools, field days etc., where
these are held during working hours; and/or
(2) necessary
travel during working hours to attend lectures, tutorials etc., held during or
outside working hours; and/or private study; and/or accumulation, subject to
the conditions specified in subclauses (f) to (j) of this clause in this Award.
(e) Staff members
requiring study time must nominate the type(s) of study time preferred at the
time of application and prior to the proposed commencement of the academic
period. The types of study time are as
follows:
(1) Face-to-Face -
Staff members may elect to take weekly and/or accrued study time, subject to
the provisions for its grant.
(2) Correspondence
- Staff members may elect to take weekly and/or accrued study time, or time off
to attend compulsory residential schools.
(3) Accumulation -
Staff members may choose to accumulate part or all of their study time as
provided in subclauses (f) to (i) of this clause in this Award.
(f) Accumulated
study time may be taken in any manner or at any time, subject to operational
requirements of the Corporation.
(g) Where at the
commencement of an academic year/semester a staff member elects to accrue study
time and that staff member has consequently foregone the opportunity of taking
weekly study time, the accrued period of time off may be taken at a time
convenient to the staff member and Corporation bearing in mind the academic
requirements.
(h) Staff members
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.
(i) Where a staff
member is employed after the commencement of the academic year, weekly study
leave may be granted with the option of electing to accrue study leave from 1st
July in the year of entry on duty or from the next academic year, whichever is
the sooner.
(j) Staff members
studying in semester based courses may vary their election as to accrual or
otherwise from semester to semester.
(k) Correspondence
Courses - Study time for staff members studying by correspondence accrues on
the basis of half an hour for each hour of lecture/tutorial attendance involved
in the corresponding face-to-face course, up to a maximum grant of 4 hours per
week.
Where there is no corresponding face-to-face course,
the training institution should be asked to indicate what the attendance
requirements would be if such a course existed.
(l) Correspondence
students may elect to take weekly study time and/or may accrue study time and
take such accrued time when required to attend compulsory residential schools.
(m) Repeated
subjects - Study time shall not be granted for repeated subjects.
(n) Expendable
grant - Study time if not taken at the nominated time shall be forfeited.
If the inability to take study time occurs as a result of
a genuine emergency at work, study time for that week may be granted on another
day during the same week.
(o) Examination
Leave - Examination leave shall be granted as special leave for all courses of
study approved in accordance with this clause.
(p) The period
granted as examination leave shall include:
(1) time actually
involved in the examination;
(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 staff member.
(q) The
examination leave shall not be granted for deferred examinations and in respect
of repeat studies.
74.
Study Leave
(a) Study leave
for full-time study is granted to assist those staff members who win
scholarships / fellowships / awards or who wish to undertake full-time study
and/or study tours. Study leave may be
granted for studies at any level, including undergraduate study.
(b) All staff
members are eligible to apply and no prior service requirements are necessary.
(c) Study leave
shall be granted without pay, except where the Chief Executive Officer or
nominee approves financial assistance.
(d) The extent of
financial assistance to be provided shall be determined by the Chief Executive
Officer or nominee according to the relevance of the study to the workplace and
may be granted up to the amount equal to full salary.
(e) Where
financial assistance is approved by the Chief Executive Officer or nominee for
all or part of the study leave period, the period shall count as service for
all purposes in the same proportion as the quantum of financial assistance
bears to full salary of the staff member.
(f) Scholarships
for Part-Time Study - In addition to the study time/study leave provisions
under this subclause, the Corporation may choose to identify courses or
educational programmes of particular relevance or value and establish a
Corporation 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.
75.
Trade Union Activities Regarded as on Duty
A trade union delegate will be released from
the performance of normal Corporation duties when required to undertake any of
the activities specified below. While
undertaking such activities the trade union delegate will be regarded as being
on duty and will not be required to apply for leave:
(a) Attendance
at meetings of the workplace's Occupational Health and Safety Committee and
participation in all official activities relating to the functions and
responsibilities of elected Occupational Health and Safety Committee members at
a place of work as provided for in the Occupational
Health and Safety Act 2000 and the Regulations;
(b) Attendance
at meetings with workplace management or workplace management representatives;
(c) A
reasonable period of preparation time, before-
(1) meetings
with management;
(2) disciplinary
or grievance meetings when a trade union member requires the presence of a
trade union delegate; and
(3) any
other meeting with management,
by agreement with management, where
operational requirements allow the taking of such time;
(d) Giving
evidence in court on behalf of the employer;
(e) Appearing
as a witness before the Government and Related Employees Appeal Tribunal;
(f) Representing
their trade union at the Government and Related Employees Appeal Tribunal as an
advocate or as a Tribunal Member;
(g) Presenting
information on the trade union and trade union activities at induction sessions
for new staff members of the Corporation; and
(h) Distributing
official trade union publications or other authorised material at the
workplace, provided that a minimum of 24 hours notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is to be kept to a minimum
and is to be undertaken at a time convenient to the workplace.
76. Trade Union Activities Regarded as Special
Leave
The granting of special leave with pay will
apply to the following activities undertaken by a trade union delegate, as
specified below: -
(a) annual
or biennial conferences of the delegate's union;
(b) meetings
of the union's Executive, Committee of Management or Councils;
(c) annual
conference of the Labor Council of NSW and the biennial Congress of the
Australian Council of Trade Unions;
(d) attendance
at meetings called by the Labor Council of NSW involving a public sector trade
union, which requires attendance of a delegate;
(f) giving
evidence before an Industrial Tribunal as a witness for the trade union;
(g) reasonable
travelling time to and from conferences or meetings to which the provisions of
clauses 75, 76 and 77 of this award apply.
77. Trade Union Training Courses
The following training courses will attract
the grant of special leave as specified below:-
(a) accredited
Occupational Health and Safety (OH&S) courses and any other accredited
OH&S training for OH&S Committee members. The provider(s) of accredited OH&S training courses and the
conditions on which special leave for such courses will be granted, shall be
negotiated between the Chief Executive Officer or nominee and the relevant
trade union under a local arrangement pursuant to the Local Award Arrangements
clause of this award.
(b) courses
organised and conducted by the Trade Union Education Foundation or by the
member's trade union or a training provider nominated by the member's trade
union. A maximum of 12 working days in any period of 2 years applies to this
training and is subject to:
(1) the
operating requirements of the workplace permitting the grant of leave and the
absence not requiring employment of relief staff;
(2) payment
being at the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc;
(3) all
travelling and associated expenses being met by the staff member or his/her
union;
(4) attendance
being confirmed in writing by the member's trade union or a nominated training
provider.
78. Conditions Applying to on Loan Arrangements
Subject to the operational requirements of
the workplace, on loan arrangements will apply to the following activities:
(a) meetings
interstate or in NSW of a Federal nature to which a representative or member
has been nominated or elected by the union: -
(1) as
an Executive Member; or
(2) a
member of a Federal Council; or
(3) vocational
or industry committee.
(b) briefing
counsel on behalf of the union;
(c) assisting
union officials with preparation of cases or any other activity outside their
normal workplace at which the delegate is required to represent the interests
of their trade union;
(d) country
tours undertaken by a member of the executive or Council of the trade union;
(e) taking
up of full time duties with the trade union if elected to the office of
President, General Secretary or to another full time position with the trade
union.
(f) financial
arrangements - The following financial arrangements apply to the occasions when
a staff member is placed "on loan" to his/her trade union:-
(1) the
Corporation will continue to pay the delegate or an authorised union
representative whose services are on loan to their trade union;
(2) the
Corporation will seek reimbursement from the trade union at regular intervals
of all salary and associated on costs, including superannuation, as specified
by the NSW Treasury from time to time.
(3) Agreement
with the trade union on the financial arrangements must be reached before the
on loan arrangement commences and must be documented in a manner negotiated
between the Chief Executive Officer or nominee and the trade union.
(g) Recognition
of "on loan" arrangement as service - On loan arrangements negotiated
in terms of this clause are to be regarded as service for the accrual of all
leave and for incremental progression.
(h) Limitation
- On loan arrangements may apply to full-time or part-time staff members and
are to be kept to the minimum time required. Where the trade union needs to
extend an on loan arrangement, the trade union shall approach the Chief
Executive Officer or nominee in writing for an extension of time well in
advance of the expiration of the current period of on loan arrangement.
(i) Where
the Chief Executive Officer or nominee and the relevant trade union cannot
agree on the on loan arrangement, an agreed third party shall be used to assist
in the matter.
79. Period of Notice for Trade Union Activities
The Chief Executive Officer or nominee must
be notified in writing by the trade union or, where appropriate, by the
accredited delegate as soon as the date and/or time of the meeting, conference
or other accredited activity is known.
80. Access to Facilities By Trade Union
Delegates
The workplace shall provide accredited
delegates with reasonable access to the following facilities for authorised
union activities:
(a) telephone,
facsimile and, where available, E-mail facilities;
(b) a
notice board for material authorised by the union or access to staff notice
boards for material authorised by the union;
(c) workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the relevant trade union.
81. Responsibilities of the Trade Union Delegate
Responsibilities of the trade union delegate
are to:
(a) establish
accreditation as a delegate with the union and provide proof of accreditation
to the workplace;
(b) participate
in the workplace consultative processes, as appropriate;
(c) follow
the dispute settling procedure applicable in the workplace
(d) provide
sufficient notice to the immediate supervisor of any proposed absence on
authorised union business;
(e) account
for all time spent on authorised union business;
(f) when
special leave is required, to apply for special leave in advance;
(g) distribute
union literature/membership forms, under local arrangements negotiated between
the Chief Executive Officer or nominee and the relevant trade union; and
(h) use
any facilities provided by the workplace properly and reasonably as negotiated
at organisational level.
82. Responsibilities of the Trade Union
Responsibilities of the Trade Union are to:
(a) provide
written advice to the Chief Executive Officer or nominee about a Trade Union
activity to be undertaken by an accredited delegate and, if requested, to
provide written confirmation to the workplace management of the delegate's
attendance/participation in the activity;
(b) meet
all travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in subclause (c) of clause 83;
(c) pay
promptly any monies owing to the workplace under a negotiated on loan
arrangement;
(d) provide
proof of identity when visiting a workplace in an official capacity, if
requested to do so by management;
(e) apply
to the Chief Executive Officer or nominee well in advance of any proposed
extension to the "on loan" arrangement; and
(f) assist
the workplace management in ensuring that time taken by the union delegate is
accounted for and any facilities provided by the employer are used reasonably
and properly.
(g) advise
employer of any leave taken by the trade union delegate during the on loan
arrangement.
83. Responsibilities of Workplace Management
Where time is required for union activities
in accordance with this clause the responsibilities of the workplace management
are to:
(a) release
the accredited delegate from duty for the duration of the union activity, as appropriate,
and, where necessary, to allow for sufficient travelling time during the
ordinary working hours;
(b) advise
the workplace delegate of the date of the next induction session for new staff
members in sufficient time to enable the trade union to arrange representation
at the session;
(c) meet
the travel and/or accommodation costs properly and reasonably incurred in
respect of meetings called by the workplace management;
(d) where
possible, to provide relief in the position occupied by the delegate in the
workplace, while the delegate is undertaking union responsibilities to assist
with the business of workplace management;
(e) recredit
any other leave applied for on the day to which special leave or release from
duty subsequently applies;
(f) where
a union activity provided under this clause needs to be undertaken on the trade
union delegate's rostered day off or during an approved period of flexleave, to
apply the provisions of subclause (e) of this clause.
(g) to
continue to pay salary during an "on loan" arrangement negotiated
with the relevant union and to obtain reimbursement of salary and on-costs from
the union at regular intervals, or as otherwise agreed between the parties if
long term arrangements apply;
(h) to
verify with the union the time spent by a union delegate or delegates on union
business, if required; and
(i) if
the time and/or the facilities allowed for union activities are thought to be
used unreasonably and/or improperly, to consult with the trade union before
taking any remedial action.
84. Right of Entry Provisions
The right of entry provisions shall be as
prescribed under the Occupational Health
and Safety Act 2000 and the Industrial
Relations Act 1996.
85. Travelling and Other Costs of Trade Union
Delegates
(a) Except
as specified in subclause (c) of clause 83, Responsibilities of Workplace
Management of this award, all travel and other costs incurred by accredited
union delegates in the course of trade union activities will be paid by their
union.
(b) In
respect of meetings called by the workplace management in terms of subclause
(c) of clause 83, 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 the
Allowances clause of this award.
(c) No
overtime, leave in lieu, shift penalties or any other additional costs will be
claimable by a staff member from the Corporation, in respect of union
activities covered by special leave or on duty activities provided for in this
clause.
(d) The
on loan arrangements shall apply strictly as negotiated and no extra claims in
respect of the period of on loan shall be made on the Corporation by the Trade
Union or the staff member.
86. Industrial Action
(a) Provisions
of the Industrial Relations Act 1996
shall apply to the right of union members to take lawful industrial action.
(b) There
will be no victimisation of staff members prior to, during or following such
industrial action.
87. Consultation and Technological Change
(a) There
shall be effective means of consultation, as set out in the Consultative
Arrangements Policy and Guidelines document, on matters of mutual interest and
concern, both formal and informal, between management and the trade unions
represented in the Corporation.
(b) The
Corporation shall consult with the relevant trade union prior to the
introduction of any technological change.
88. Deduction of Union Membership Fees
(a) The
union shall provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union's
rules.
(b) The
union shall advise the employer of any change to the amount of fortnightly
membership fees made under its rules.
Any variation to the schedule of union fortnightly membership fees
payable shall be provided to the employer at least one month in advance of the
variation taking effect.
(c) Subject
to (a) and (b) above, the employer shall deduct union fortnightly membership
fees from the pay of any staff member who is a member of the union in
accordance with the union's rules, provided that the staff member has
authorised the employer to make such deductions.
(d) Monies
so deducted from staff member's pay shall be forwarded regularly to the union
together with all necessary information to enable the union to reconcile and
credit subscriptions to staff members' union membership accounts.
(e) Unless
other arrangements are agreed to by the employer and the union, all union
membership fees shall be deducted on a fortnightly basis.
(f) Where
a staff member has already authorised the deduction of union membership fees
from his or her pay prior to this clause taking effect, nothing in this clause
shall be read as requiring the staff member to make a fresh authorisation in
order for such deductions to continue."
89.
Protective Clothing
(a) This
clause only applies where a staff member is not already eligible for an
allowance under another industrial instrument or an annualised allowance under
this Award.
(1) Uniform,
etc. provided by the Corporation:
A staff member who is required or authorised
by the Chief Executive Officer or nominee to wear a uniform, protective
clothing or other specialised clothing in connection with the performance of
official duties shall be provided by the Corporation with such clothing and
shall be paid an allowance at the rate specified in Item 7 of Table 2, Part B
Monetary Rates for laundering the uniform or protective clothing.
(2) Uniform,
etc. provided by the staff member:
Subject to prior approval, where the
uniform, protective clothing or other specialised clothing is provided by the
staff member, such staff member shall be reimbursed the cost of the uniform,
protective clothing or other specialised clothing.
90.
Flexible Work Practices
(a) Nothing
in this Award shall affect the hours of duty of a staff member who is covered
by a written flexible working hours agreement negotiated under a Flexible Work
Practices, Policy and Guidelines.
(b) Flexible
working hours agreements negotiated in terms of the NSW Government Flexible
Work Practices, Policy and Guidelines after the effective date of this Award
shall be subject to the conditions specified in this Award and in consultation
with the Union.
91.
Salary Sacrifice for Superannuation
(a) A
staff member may elect, subject to the agreement of the Corporation, to
sacrifice a portion of the salary payable to additional employer superannuation
contributions. Such election must be
made prior to the commencement of the period of service to which the earnings
relate. The amount sacrificed must not
exceed thirty (30) percent of the salary payable or thirty (30) percent of the
current applicable superannuable salary, whichever is the lesser. In this clause "superannuable
salary" means the staff member’s salary as notified from time to time, to
the NSW public sector superannuation trustee corporations.
(b) Where
the staff member has elected to sacrifice a portion of that payable salary to additional
employer superannuation contributions:
(i) subject
to Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYG taxation deductions by the amount of that
sacrificed portion, and
(ii) any
allowance, penalty rate, payment for unused entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which a staff member is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to a
staff member’s salary, shall be calculated by reference to the salary which
would have applied to the staff member in the absence of any salary sacrifice
to superannuation made under this Award.
(c) The
staff member may elect to have the portion of payable salary which is
sacrificed to additional employer superannuation contributions:
(i) Paid
into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer
contributions, or
(ii) Subject
to the Corporation’s agreement, paid into a private sector complying
superannuation scheme as employer superannuation contributions.
(d) Where
a staff member elects to salary sacrifice in terms of the relevant Clause
above, the Corporation will pay the sacrificed amount into the relevant
superannuation fund.
(e) Where
the staff member is a member of a superannuation scheme established under:
(i) The Police Regulation (Superannuation) Act
1906;
(ii) The Superannuation Act 1916;
(iii) The State Authorities (Superannuation) Act
1987;
(iv) The State Authorities Non-contributory
Superannuation Act 1987; or
(v) The First State Superannuation Act 1992.
The Corporation must ensure that the amount
of any additional employer superannuation contributions specified in the
relevant sub-clause above is included in the staff member’s superannuable
salary which is notified to the NSW public sector superannuation trustee
corporations.
(f) Where,
prior to electing to sacrifice a portion of his/her salary to superannuation, a
staff member had entered into an agreement with the Corporation to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in sub-clause (d) above, the Corporation will
continue to base contributions to that fund on the salary payable to the same
extent as applied before the staff member sacrificed portion of that salary to
superannuation.
(g) This
clause applies even though the superannuation contributions made by the
Corporation may be in excess of superannuation guarantee requirements after the
salary sacrifice is implemented.
92.
Probation
(a) All
new staff members appointed to positions with the Corporation shall in the
first instance, be appointed on a probationary basis for a period of up to
three months.
(b) The
probation period may be varied, extended for a further period to a total of six
months, or waived at the discretion of the Chief Executive Officer or nominee.
(c) Under
normal circumstances the probationary period may only be extended on a one off
basis.
93.
Performance Management
The work performance of a staff member shall be managed in
accordance with the Corporation’s Performance Management and Development
System, Policy and Procedures.
94. Managing Unsatisfactory Performance Or Misconduct
(a) Where the work
performance of a staff member is evaluated as being unsatisfactory after
appropriate counselling, or where through misconduct the Corporation Policies,
Procedures or Code of Ethics and Conduct are breached, appropriate action shall
be taken in accordance with the Corporation’s Managing Unsatisfactory
Performance or Misconduct Policy.
(b) Nothing in
this clause limits the rights of the Corporation to summarily dismiss a staff
member for serious and wilful misconduct.
95.
Grievance and Dispute Resolution Procedures
(a) All grievances
and disputes relating to the provisions of this Award shall initially be dealt
with as close to the source as possible, with graduated steps for further attempts
at resolution at higher levels of authority if required.
(b) A staff member
is required to notify in writing their immediate Supervisor (unless the
grievance is with an immediate Supervisor in which case the notification may be
made to the next level of management) as to the substance of the grievance,
dispute or difficulty, request a meeting to discuss the matter, and if
possible, state the remedy sought.
(c) The immediate
Supervisor shall convene a meeting in order to resolve the grievance, dispute
or difficulty within two (2) working days, or as soon as practicable, of the
matter being brought to attention.
(d) If the matter
remains unresolved with the immediate Supervisor, the staff member may request
to meet the appropriate person at the next level of management in order to
resolve the matter.
(e) The person at
the next level of management shall respond within two (2) working days, or as
soon as practicable.
(f) The staff
member may pursue this sequence of reference to successive levels of management
until the matter is referred to the Chief Executive Officer.
(g) Either party
may request a mutually agreed mediator to assist in the resolution of the
matter.
(h) If the matter
remains unresolved, the Chief Executive Officer shall provide a written
response to the staff member and any other party involved in the grievance,
dispute or difficulty, concerning action to be taken, or the reason for not
taking action, in relation to the matter.
(i) A staff
member, at any stage, may request to be represented by their Union or Agent.
(j) The staff
member or the Union or agent on their behalf or the Chief Executive Officer may
refer the matter to the New South Wales Industrial Relations Commission if the
matter is unresolved following the use of these procedures.
(k) The staff
member, Union, Agent and Waste Service NSW shall agree to be bound by any order
or determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
(l) Whilst the
procedures outlined in subclauses (a) to (k) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any staff member or
member of the public.
96.
Redundancy
Where a staff member is made redundant, or accepts an offer
of voluntary redundancy, the entitlements and services available shall be as
prescribed by the Corporation’s Managing Displaced Staff Policy.
97.
Anti-Discrimination
(a) 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,
and age and carer responsibilities.
(b) 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.
(c) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise a staff member because the staff member has made or may
make or has been involved in a complaint of unlawful discrimination or
harassment.
(d) Nothing in
this clause is to be taken to affect:
(1) any conduct or
act which is specifically exempted from anti - discrimination legislation;
(2) offering or
providing junior rates of pay to persons under 21 years of age;
(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;
(4) a party to
this Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(e) 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.
NOTES
-
(1) Employers and
staff members may also be subject to Commonwealth anti-discrimination
legislation.
(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.
98.
Savings and Transitional
No staff member shall be disadvantaged by the introduction
of this award.
99. No Extra Claims
This award is premised on the basis that
there will be no new salaries or condition claims arising from negotiation of
productivity and efficiency improvements covered by this award.
100. Relationship to Other Awards
(a) This
award may be reviewed in light of any variation to the Crown Employees (Public
Service Conditions of Employment) Award 2002, published 21 March 2003 (388 IG
837), or an award replacing it, in so far as it may affect clauses referred to
in that award by this award.
(b) Where
there may be inconsistencies between this award and the Crown Employees (Public
Service Conditions of Employment) Award 2002, the arrangements in this award shall
prevail.
101. Review of
Allowances Payable in Terms of This Award
The adjustment of Allowances contained in
this Award shall be reviewed and adjusted in line with the review and
adjustment of the corresponding allowances in the Crown Employees (Conditions
of Employment 2002) Award in so far as they relate to the relevant clauses in
this Award.
102. Duration
This Award shall take effect from the first pay period to
commence on or after 22 November 2002 and shall remain in force thereafter
until 30 June 2004.
PART B
MONETARY RATES
Table 1 - Salaries
|
|
|
Pay period after
|
Pay period from
|
Pay period after
|
Pay period after
|
|
|
Year
|
1 Jan 2002
|
1 Dec 2002
|
1 Jan 2003
|
1 July 2003
|
|
|
|
(per annum)
|
(per annum)
|
(per annum)
|
(per annum)
|
|
|
|
$
|
$
|
$
|
$
|
|
Administrative &
Clerical
|
|
|
|
|
|
|
Waste Service Officer -
|
1
|
21,178
|
21,462
|
22,320
|
23,436
|
|
General Scale
|
2
|
25,614
|
25,958
|
26,996
|
28,346
|
|
|
3
|
27,606
|
27,976
|
29,095
|
30,550
|
|
|
4
|
28,360
|
28,740
|
29,890
|
31,385
|
|
|
5
|
29,560
|
29,957
|
31,155
|
32,713
|
|
|
6
|
30,096
|
30,500
|
31,720
|
33,306
|
|
|
7
|
30,842
|
31,256
|
32,506
|
34,131
|
|
|
8
|
31,983
|
32,412
|
33,708
|
35,393
|
|
|
9
|
33,141
|
33,586
|
34,929
|
36,675
|
|
|
10
|
34,366
|
34,827
|
36,220
|
38,031
|
|
WS Officer Grade 1
|
1
|
36,259
|
36,745
|
38,215
|
40,126
|
|
|
2
|
37,325
|
37,826
|
39,339
|
41,306
|
|
WS Officer Grade 2
|
1
|
38,365
|
38,880
|
40,435
|
42,457
|
|
|
2
|
39,417
|
39,946
|
41,544
|
43,621
|
|
WS Officer Grade 3
|
1
|
40,536
|
41,080
|
42,723
|
44,859
|
|
|
2
|
41,757
|
42,317
|
44,010
|
46,211
|
|
WS Officer Grade 4
|
1
|
43,062
|
43,640
|
45,386
|
47,655
|
|
|
2
|
44,385
|
44,980
|
46,779
|
49,118
|
|
WS Officer Grade 5
|
1
|
47,850
|
48,492
|
50,432
|
52,954
|
|
|
2
|
49,360
|
50,022
|
52,023
|
54,624
|
|
WS Officer Grade 6
|
1
|
51,294
|
51,982
|
54,061
|
56,764
|
|
|
2
|
52,798
|
53,506
|
55,646
|
58,428
|
|
WS Officer Grade 7
|
1
|
54,379
|
55,109
|
57,313
|
60,179
|
|
|
2
|
56,006
|
56,757
|
59,027
|
61,978
|
|
WS Officer Grade 8
|
1
|
58,339
|
59,122
|
61,487
|
64,561
|
|
|
2
|
60,193
|
61,001
|
63,441
|
66,613
|
|
WS Officer Grade 9
|
1
|
61,987
|
62,819
|
65,332
|
68,599
|
|
|
2
|
63,730
|
64,585
|
67,168
|
70,526
|
|
WS Officer Grade 10
|
1
|
66,333
|
67,223
|
69,912
|
73,408
|
|
|
2
|
68,309
|
69,225
|
71,994
|
75,594
|
|
WS Officer Grade 11
|
1
|
71,694
|
72,656
|
75,562
|
79,340
|
|
|
2
|
74,735
|
75,738
|
78,768
|
82,706
|
|
WS Officer Grade 12
|
1
|
79,416
|
80,481
|
83,700
|
87,885
|
|
|
2
|
82,914
|
84,026
|
87,387
|
91,756
|
|
Senior Officer
|
|
|
|
|
|
|
WS Senior Officer
|
|
|
|
|
|
|
Level 1
|
1
|
92,776
|
94,021
|
97,782
|
102,671
|
|
|
2
|
99,968
|
101,309
|
105,361
|
110,629
|
|
WS Senior Officer
|
|
|
|
|
|
|
Level 2
|
1
|
101,660
|
103,024
|
107,145
|
112,502
|
|
|
2
|
108,827
|
110,287
|
114,698
|
120,433
|
|
WS Senior Officer
|
|
|
|
|
|
|
Level 3
|
1
|
112,469
|
113,978
|
118,537
|
124,464
|
|
|
2
|
123,458
|
125,114
|
130,119
|
136,625
|
Table 2 - Allowances
|
Item
|
Clause
|
Description
|
Amount
|
|
|
No
|
No
|
|
$
|
|
|
|
|
Capital cities and
high cost country centres (see list in item 2)
|
|
|
|
1
|
33
|
Breakfast
|
17.20
|
|
|
1
|
33
|
Dinner
|
33.05
|
|
|
1
|
33
|
Lunch
|
19.20
|
|
|
|
|
|
|
|
|
|
|
Tier 2 (see list in
item 2) and other country centres
|
|
|
|
1
|
33
|
Breakfast
|
15.30
|
|
|
1
|
33
|
Dinner
|
30.25
|
|
|
1
|
33
|
Lunch
|
17.55
|
|
|
|
|
Capital Cities
|
Per day
|
|
|
2
|
45(2)(a)
|
Adelaide
|
194.90
|
|
|
|
|
Brisbane
|
193.90
|
|
|
|
|
Canberra
|
177.90
|
|
|
|
|
Darwin
|
197.90
|
|
|
|
|
Hobart
|
169.90
|
|
|
|
|
Melbourne
|
232.90
|
|
|
|
|
Perth
|
182.90
|
|
|
|
|
Sydney
|
219.90
|
|
|
2
|
45(2)(a)
|
High cost country
centres
|
Per day
|
|
|
|
|
Broome (WA)
|
189.90
|
|
|
|
|
Christmas Island
|
182.90
|
|
|
|
|
Cocos (Keeling)
Islands
|
182.90
|
|
|
|
|
Dampier (WA)
|
173.90
|
|
|
|
|
Exmouth (WA)
|
164.90
|
|
|
|
|
Gold Coast (Qld)
|
173.90
|
|
|
|
|
Halls Creek (WA)
|
188.90
|
|
|
|
|
Horn Island
|
190.90
|
|
|
|
|
Jabiru (NT)
|
252.90
|
|
|
|
|
Kalgoorlie (WA)
|
167.90
|
|
|
|
|
Karratha (WA)
|
221.90
|
|
|
|
|
Kununurra (WA)
|
190.90
|
|
|
|
|
Newcastle (NSW)
|
172.90
|
|
|
|
|
Newman (WA)
|
192.40
|
|
|
|
|
Nhulunbuy (SA)
|
203.90
|
|
|
|
|
Norfolk Island
|
193.90
|
|
|
|
|
Paraburdoo (WA)
|
199.90
|
|
|
|
|
Pt Hedland (WA)
|
184.40
|
|
|
|
|
Thursday Island
|
192.90
|
|
|
|
|
Tom Price (WA)
|
166.90
|
|
|
|
|
Weipa (Qld)
|
165.40
|
|
|
|
|
Wollongong (NSW)
|
174.90
|
|
|
|
|
Yulara (NT)
|
413.90
|
|
|
|
|
|
|
|
|
2
|
45(2)(a)
|
Tier 2 country
centres
|
Per day
|
|
|
|
|
Alice Springs (NT)
|
153.55
|
|
|
|
|
Broken Hill (NSW)
|
153.55
|
|
|
|
|
Burnie (Tas)
|
153.55
|
|
|
|
|
Cairns (Qld)
|
153.55
|
|
|
|
|
Carnarvon (WA)
|
153.55
|
|
|
|
|
Derby (WA)
|
153.55
|
|
|
|
|
Devonport (Tas)
|
153.55
|
|
|
|
|
Griffith (NSW)
|
153.55
|
|
|
|
|
Katherine (NT)
|
153.55
|
|
|
|
|
Launceston (Tas)
|
153.55
|
|
|
|
|
Maitland (NSW)
|
153.55
|
|
|
|
|
Marla (SA)
|
153.55
|
|
|
|
|
Northam (WA)
|
153.55
|
|
|
|
|
Orange (NSW)
|
153.55
|
|
|
|
|
Wagga Wagga (NSW)
|
153.55
|
|
|
|
|
Wilpena (SA)
|
153.55
|
|
|
|
|
|
|
|
|
2
|
45(2)(a)
|
Other country
centres
|
140.55
|
|
|
|
45(2)(b)
|
Incidental expenses
when claiming actual expenses - all locations
|
13.45
|
|
|
|
|
|
|
|
|
|
45(5)
|
Daily allowance
payable after 35 days and up to 6 months in the
|
50% of the
|
|
|
|
|
same location - all
locations
|
appropriate
|
|
|
|
|
|
location rate
|
|
|
3
|
46
|
Government
accommodation-
|
|
|
|
|
|
Incidental expenses
|
13.45 per day
|
|
|
|
|
Camping Allowance
|
Per night
|
|
|
|
|
|
|
|
|
|
|
Established camp
|
22.40
|
|
|
|
|
Non established
camp
|
29.60
|
|
|
|
|
|
|
|
|
|
|
Additional
allowance for staff members who camp in excess of
|
7.10
|
|
|
|
|
40 nights per year
|
|
|
|
|
|
Composite allowance
|
106.75 per day
|
|
|
4
|
51 (c)
|
Use of private
motor vehicle
|
Cents per
|
|
|
|
Official business
|
kilometre
|
|
|
|
|
|
|
|
|
Engine capacity-
|
|
|
|
|
over 2700cc
|
73.7
|
|
|
|
1600cc to 2700cc
|
68.5
|
|
|
|
under 1600cc
|
49.1
|
|
|
|
|
|
|
|
|
Casual rate
|
|
|
|
|
|
|
|
|
|
Engine capacity-
|
|
|
|
|
Over 2700cc
|
26.2
|
|
|
|
1600cc-2700cc
|
24.3
|
|
|
|
under 1600cc
|
20.5
|
|
|
|
|
|
|
|
|
Motor cycle
allowance
|
|
|
|
|
|
|
|
|
|
Normal business
|
32.3
|
|
|
|
During transport
disruptions
|
16.2
|
|
|
|
|
|
|
5
|
51(e)
|
Towing trailer or
horse float
|
9.5
|
|
|
|
|
|
|
|
|
Transport allowance
|
|
|
|
|
|
|
|
|
|
Engine capacity-
|
|
|
|
|
Over 1600cc
|
31.4
|
|
|
|
1600cc and under
|
26.3
|
|
|
|
|
Per night
|
|
|
|
Camping Equipment
Allowance
|
22.10
|
|
|
|
Bedding and
sleeping bag
|
3.70
|
|
|
|
Remote areas -
|
Per annum
|
|
|
|
|
|
|
|
|
With dependants
|
|
|
|
|
- Grade A
|
1417
|
|
|
|
- Grade B
|
1880
|
|
|
|
- Grade C
|
2510
|
|
|
|
|
|
|
|
|
Without dependants
|
|
|
|
|
- Grade A
|
988
|
|
|
|
- Grade B
|
1318
|
|
|
|
- Grade C
|
1758
|
|
|
|
Assistance to staff
members stationed in a remote are when
|
|
|
|
|
travelling on
recreation leave
|
|
|
|
|
|
|
|
|
|
By private motor
vehicle
|
Appropriate
|
|
|
|
|
casual rate up to
|
|
|
|
|
a maximum of
|
|
|
|
|
2850 kms
|
|
|
|
|
less $35.00
|
|
|
|
|
|
|
|
|
|
Actual reasonable
|
|
|
|
Other transport -
With dependants
|
expenses in excess
|
|
|
|
|
of $ 35.00 and up
to
|
|
|
|
|
$ 234.00
|
|
|
|
|
|
|
|
|
|
Actual reasonable
|
|
|
|
Other transport -
Without dependants
|
expenses in excess
|
|
|
|
|
$ 35.00 and up to
|
|
|
|
|
$ 116.00
|
|
|
|
Rail travel
|
Actual fare less
|
|
|
|
|
$ 35.00
|
|
|
|
Insurance cover
|
Up to $A1,173.00
|
|
|
|
Exchanges
|
Actual cost
|
|
|
|
Room at home used
as office
|
646.00 per annum
|
|
6
|
30(b)
|
On-call allowance
|
57 cents per hour
|
|
|
|
Flying allowance
|
12.00 per hour
|
|
7
|
89(a)(1)
|
Laundry allowance
|
3.30 per week
|
|
|
|
Garage and carport
allowance
|
Per annum
|
|
|
|
|
|
|
|
|
Garage allowance
|
457.00
|
|
|
|
Carport allowance
|
102.00
|
|
|
|
Community Language
Allowance Scheme
|
Per annum
|
|
|
|
|
|
|
|
|
Base Level Rate
|
812.00
|
|
|
|
Higher Level Rate
|
1218.00
|
|
8
|
40(a)
|
First aid allowance
|
Per annum
|
|
|
|
|
|
|
|
|
Holders of basic
qualifications
|
520.00
|
|
|
|
Holders of current
occupational first aid certificate
|
784.00
|
|
|
|
Overtime meal
allowances
|
|
|
|
|
|
|
|
9
|
32(a)
|
Breakfast
|
19.15
|
|
9
|
32(a)
|
Lunch
|
19.15
|
|
9
|
32(a)
|
Dinner
|
19.15
|
|
9
|
32(a)
|
Supper
|
7.70
|
|
|
|
|
|
|
|
|
|
|
J. P. MURPHY, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.