FORESTRY COMMISSION OF NEW SOUTH WALES TRADING AS STATE FORESTS OF NEW
SOUTH WALES CROWN EMPLOYEES FIELDWORK AND OTHER STAFF AWARD 2002-2005
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Forestry Commission of New South Wales trading as State Forests of New South
Wales.
(No. IRC 6842 of 2002)
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The Honourable Justice Schmidt
|
17 February 2003
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AWARD
Clause No. Subject Matter
1. Title
2. Parties
3. Statement
of Intent
4. Scope
5. Award
entered into freely by all parties
6. Operation
6.1 Operative Date
7. Variations
to the Award
8. Definitions
9. Anti-Discrimination
10. Dispute
and Grievance Resolution Procedures
11. No extra
claims
12. Conditions
of Employment
12.1 Weekly Employment
12.2 Ordinary Hours of Work
12.3 Variation of Ordinary Hours of Work
12.4 Shift Work
12.5 Part-time Hours
12.6 Ordinary Hours and Loadings for Rangers, research and Workshops
Employees (Saturday, Sunday and Public Holidays)
12.7 Nurseries
(i) General
(ii) Permanent Nursery Employees
(iii) Nursery Casuals
12.8 On-call Arrangements - Workshops Only
12.9 Self-Managing Work Teams
12.10 Transfer of Employees
12.11 Uniforms Carrying State Forests Logo
12.12 Tools and Protective Clothing
12.13 Use of Casuals and Contractors
13. Overtime
(excluding Fire Fighting)
13.1 Overtime Definition
13.2 Employees to Work Reasonable Overtime
13.3 Overtime Rates
13.4 Time off in lieu of overtime
13.5 Minimum Periods
13.6 Break from Duty
(Overtime)
13.7 Meal Breaks (Cribs)
13.8 Meal Allowance
14. Accommodation
Expenses
14.1 Reimbursement of accommodation and meal expenses no overnight
stay
14.2 Reimbursement of accommodation and meal allowances overnight
stay
15. Classifications
and Salary Rates
15.1 Pay period
15.2 Rates of pay
15.3 Payment Method
15.4 Pay advice
15.5 Payment on Termination
15.6 Rates of pay for casual employees
15.7 Rates of pay for part-time employees
15.8 Classification of Employees
15.9 Purpose of Classification Structure
15.10 Disagreements about Classification Levels
15.11 Higher Duties
15.12 Performance Pay or Payment by Results
16. Rostered
Days Off
16.1 Entitlement
16.2 Scheduling of Rostered Days Off
16.3 Accumulating Rostered Days Off
17. Inclement
Weather
17.1 Definition
17.2 Continuation of Work
18. Travel to
and from Work
18.1 Agreements
18.2 Travelling Time (when away from normal workplace; ie: home
base)
19. Fire
Fighting Duty
19.1 Definition
19.2 Fire Stand-by Duty outside normal working hours
19.3 On Call duties
19.4 Minimum Periods
19.5 Fire Fighting Loading
19.6 Normal Working Hours
19.7 Meal Breaks (Cribs)
19.8 Break from Duty
19.9 Travel to and From Fires
19.10 General Fire Fighting Requirements
19.11 Meals
20. First-aid
and Health and Safety Issues
21. Leave
21.1 General Provisions
21.2 Sick Leave
21.3 Public Holidays
21.4 Union Picnic Day
21.5 Recreation Leave Management
22. Area,
Incidence and Duration
23. Leave
Reserved Items
24. Deduction
of Union Membership Fees
Schedule 1 - Allowances
Schedule 2 - Statement of Responsibility Levels and
Promotional Criteria
Schedule 3 - Field Worker Classifications
Schedule 4 - Mechanical and Radio Services - Mechanical
Trades Classifications
Schedule 5 - Apprentices - Workshops and Nurseries
(i) Wages
Rates
(ii) Apprentice
training
Schedule 6 - Forest Research and Development -
Classifications (to be revised by April
2003)
Appendices
Family and Community Service Leave
Ministerial Leave Conditions
Trade Union Training Leave
Administrative Arrangements
(A) Contractors
Protocol
(B) Overnight
accommodation when away from home on work-related business.
(C) Finish of
pay period and pay day
(D) Transfer
of Staff - Field Workers
(E) Tea Break
and Facilities
(F) Camping
Expenses
Policy on Harassment
Alcohol and Other Drugs Policy
Personal/Carers Leave
Equity Policy
This is an Award, made pursuant to Division 1 of Chapter 2
of the Industrial Relations Act,
1996.
1. Title of the Award
This Award shall be known as the Forestry Commission of New
South Wales trading as State Forests of New South Wales Crown Employees
Fieldwork and Other Staff Award 2002-2005.
2. Parties
The parties to this Award are:
(i) The Forestry
Commission of New South Wales trading as State Forests of New South Wales.
(ii) The
Australian Workers' Union, New South Wales
(iii) Automotive,
Food, Metals, Engineering, Printing and Kindred Industries Union, New South
Wales Branch
covering all field employees employed by the Forestry
Commission of New South Wales pursuant to Section 10 of the Forestry Act 1916.
3. Statement of
Intent
(i) Parties have
entered into this Award on the understanding that it is directed towards high
quality and efficient services to the community and to State Forests’
customers.
(ii) The parties
acknowledge that the Award seeks to enhance the image and profile of State
Forests.
These objectives will be achieved through:
(a) The creation
and maintenance of a high performance, high trust organisation with a genuine
partnership between State Forests and its Field Workers.
(b) The acceptance
of change and commitment to continuous improvement and productivity by both the
Management of State Forests and its Field Workers.
(c) The
development of an organisation based upon teamwork, flexibility, competence and
opportunities for organisational and personal development.
Achievement of these objectives is expected to deliver
savings in operating costs and genuine productivity gains and the parties agree
that the savings arising out of the achievement of those objectives will be
shared with employees and will be reflected in the rates of pay prescribed
under Clause 15 of this Award.
The parties further agree that negotiations will
continue during the life of this Award in relation to the implementation plans
appropriate to each of the operational areas covered in this Award.
4. Scope
This Award shall wholly override all conditions of
employment under the Crown Employees Skilled Tradesmen (State) Award, and the
Crown Employees Fieldwork and Other Staff Award.
5. Award Entered Into
Freely By All Parties
The parties agree that this Award was freely entered into,
without duress, and all those parties endorse the contents.
6. Operation
6.1 Operative Date
This Award, having regard to Sections 15 and 16 of the Industrial Relations Act 1996, shall
have effect from the beginning of the first pay period on or after 17 February
2003 and will remain in force until 1 April 2005.
The Award will be reviewed by a negotiating committee
within the first twelve (12) months of its implementation and the negotiating
committee will meet to re-negotiate the Award three (3) months prior to its
expiration.
7. Variations to the
Award
Variations shall be made in accordance with Section 17 of
the Industrial Relations Act 1996 and
shall operate on and from the dates upon which they are approved by the Industrial
Relations Commission of New South Wales.
8. Definitions
(i) "State
Forests"
Shall refer to the Forestry Commission of New South
Wales, trading as State Forests of New South Wales and shall include one or all
of the following areas:
Forestry Divisions
Forest Centres
Nodal Services
Forestry Regions
Mechanical and Radio Services Branch
Nurseries
Research and Development Division
Corporate Services
(ii) "Fieldwork
and Other Staff"
Shall mean those persons, employed under Section 10 of
the Forestry Act of New South Wales, 1916 in the areas identified in (i) above.
(iii) "Self
Managing Work Teams"
Shall mean those work groups where the task is set out
and the resources available are provided by management together with time and
output criteria but where members of the team decide how the task will be
performed, given appropriate application of safe working practices and relevant
State Forests’ guidelines.
(iv) "Casual
employee"
Is an employee engaged and paid on an hourly basis, who
receives a casual loading in lieu of all paid leave entitlements, excluding
long service leave.
(v) "Employee"
An employee means a person employed in any industry,
whether on salary or wages or piecework rates.
(vi) "Contractor"
An independent contractor is a person who typically
contracts their services through a company to achieve a result whereas an
employee contracts to provide his/her labour (typically to enable the employer
to achieve a result). Independent contractors can also be identified because
they are not eligible for PAYG tax.
(vii) "Part-time
employee"
Is an employee, subject to the provisions of Chapter 2,
Part 5 of the Industrial Relations Act
1996, who is engaged for less than 38 hours per week, and who receives the same
range of entitlements as a full-time employee, including sick leave and annual
leave, but on a pro-rata basis in proportion to the hours worked. Part-time employees do not receive a casual
loading.
(viii) "Probationary
Employees (new employees)"
State Forests may initially engage a new full-time or
part-time employee for a period of probationary employment of not more than six
(6) months for the purpose of determining the employees’ suitability for
ongoing employment. The employee must
be advised, in writing, in advance that the employment is probationary and of
the duration of the probation, which can be up to, but not exceed, six (6)
months.
A probationary employee is, for all purposes of the
Award, a full-time or part-time employee.
Probationary employment forms part of an employee’s
period of continuous service for all purposes of the Award, except where
otherwise specified in this Award.
In circumstances where an employee on probation is
absent for any reason during the probation for a period in excess of two weeks
aggregated time and such absence affects the employee’s orientation and basic
training, the probation may be extended, after consultation with the Union, for
a further period of three (3) months.
State Forests must give written notice of such extension to the employee
and the Union prior to the conclusion of the first probationary period. Any notice after the end of the first
probationary period to extend is of no effect.
(ix) "Home
Base"
Home base is defined as a depot or customary place of
start and finish. A mutually
acceptable written agreement will be reached, at a local level, between State
Forests, the relevant Union and affected employees.
(x) Past
Entitlements Preserved within this Award (Grandfathered Entitlements)
First-aid
Distant places
Western allowance
(xi) Definition of
Allowances found in Schedule 1
"Tool Allowance"
All tools required by employees shall be provided free
of charge by State Forests, other than in Workshops where a tool allowance of
$21.50 per week shall be paid to trades persons to cover the cost of
work-related tools.
"Mileage"
Should State Forests be unable to provide transport and
where no public transport is available to transport an employee from his/her
residence to their headquarters, depot or centre, or if an employee is required
to report at a place other than their headquarters, depot or centre, then State
Forests shall pay the employee an allowance according to the following scale,
viz; where the distance from their residence to the centre or such place is:
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3-10
kms
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$4.00
|
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10-20
kms
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$10.90
|
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20-30
kms
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$14.00
|
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30-40
kms
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$20.00
|
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40+
kms
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$22.50
|
Headquarters, depot or centre means the place where the
employee reports for work.
"Working in Sludge"
Those engaged in the handling and spreading of sewerage
sludge on a given State Forests area will receive, for the period of
application only, an allowance of 80¢ per hour.
"Accredited Assessor Allowance"
The allowance paid by State Forests for nationally
accredited assessors will be $6.00 per hour.
This payment will be received for time spent in preparation, delivery,
assessment and reporting of accredited courses.
"First-aid"
At least one employee in each gang (of three or more)
must have a first-aid qualification.
A standard first-aid kit must be provided on all State
Forests’ sites. On forest works, where
there are more than 50 employees and no medical or hospital services are
available, an equipped first-aid station must be provided.
If an employee has a serious accident or illness when
at work, State Forests will provide transport to the nearest hospital/Doctor.
Employees at Levels 1 - 4 who are appointed to do
first-aid work in a gang (of three or more) will be paid a first-aid allowance
of $9.96 per week. Current employees
who remain qualified and performing first-aid will continue to receive a
first-aid allowance. Future employees at Level 5.1 and above will not receive a
first-aid allowance.
(xii) "Term
Employment"
Term employment means employment under this Award for a
specified period of time. At the end of
the specified period of time the employment finishes.
A term employee is covered by all the Award conditions
available to permanent employees.
If, after termination, a term employee is offered
further employment either as a permanent or another term, continuity of
employment in regard to accrued sick leave and other entitlements will be
maintained.
Term employees shall be engaged by a letter of offer
and abide by the conditions of this Award and by any local agreements that
pertain to the Region in which they are employed to which they agree in
writing.
Term employees will be employed for specific funded
projects that will be defined in their offer of employment. From time-to-time, as the need arises, they
may be required to perform duties within their capabilities but not defined in
their employment offer. Should these
other duties exceed the duties outlined in the original offer by more than 50%,
the relevant Union will be contacted and consulted in regard to a new
employment offer to the affected term employee/s.
During the period of the employment term employees may
apply and will be considered for vacancies in competition with other internal
applicants through the expression of interest process. Term employees will not be excluded from
being able to apply for externally advertised State Forests’ positions.
Term employment can apply to externally funded
positions and project work such as Comprehensive Regional Assessments, FRAMES
projects, seasonal fire fighting, Nursery planting and lifting operations.
Term employment is not intended to replace permanent
employment and will only be used for the period specified in the letter of
offer. When a term employee has
completed two (2) years of service or prior to the expiration of the term
employment (6 months where practicable) State Forests, in consultation
with the relevant Union (local Union delegate), will review the term employee’s
employment history regarding the consistency of their employment with their
original offer and any potential opportunities for continuing employment.
Should the term extend beyond five (5) years, pro-rata
long service leave will also be paid on termination.
9.
Anti-Discrimination
(i) It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(ii) 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.
(iii) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this Award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in this 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".
10. Dispute and
Grievance Resolution Procedures
State Forests is committed to delivering an equitable and
productive work environment. The
following grievance and dispute resolution procedures aim to effectively deal
with employees work-related concerns and grievances by creating and sustaining
a workplace environment that values employees and deals with work-related
concerns promptly, impartially, fairly and with the utmost confidentiality.
All employees and managers are encouraged to be aware of
their responsibility/obligation to recognise and address grievances and
disputes within their workplace in accordance with the following guidelines in
order to ensure State Forests remains a fair, equitable and professional workplace.
Grievance:
A "grievance" is a clear statement by an
individual employee of a work-related problem, concern, complaint or
difficulty. Grievances can range from
the very minor and easy to resolve to the extremely serious, which may involve
formal disciplinary action
eg: John may feel he has a grievance because he has
been overlooked when it comes to training opportunities, whereas other
employees in his Division have had multiple opportunities to undertake
training.
Kathryn may feel she has a grievance because of being
denied recreation leave, while others in her work area have no trouble getting
away for a holiday.
Grievances can involve:
interpretation and application of management policies
lack of workplace communication of work-related issues
interpersonal conflict (eg: between employees, or
between an employee and supervisor)
Occupational Health and Safety issues
alleged discrimination within the meaning of the Anti-Discrimination Act 1977 (racial,
sexual, or on the basis of a disability)
problems in understanding or interpreting an Award or
enterprise agreement
work environment problems (eg: lighting, heating,
office equipment)
Appeals against decisions
Dispute:
A "dispute" is a complaint, concern or difficulty,
which can affect an individual employee, but more commonly involves a group of
employees;
eg: A decision which changes the working conditions of
a group of employees within a given work area.
If I have a grievance/dispute, whom can I go to for
assistance?
The majority of concerns or problems raised by State
Forests’ employees are resolved at an informal level, before they become formal
grievances or disputes. Most are
resolved by discussions between the parties, or with the supervisor or
decision-making area. Clarifying a problem
with an independent person can often put it in perspective, and may even lead
to alternatives that can resolve the situation before it becomes necessary to
lodge a grievance/ dispute. In other
circumstances, lodging a grievance/dispute may be the only way to resolve the
situation.
As far as possible, both management and employees should
attempt to resolve grievances/disputes within the area in which they first
arise. Any attempts at resolution
should start with the employee's direct supervisor. It is the role of the immediate supervisor to listen objectively,
gather relevant facts and act in a prompt, professional and fair manner,
without bias. The supervisor should
follow up to ensure that appropriate action is taken to resolve the
grievance/dispute and that the cause of the grievance/dispute is properly
addressed. The objective of the
grievance/dispute handling procedure, particularly at the level where it originated,
is to find an acceptable solution.
From an employee's perspective, all employees have the right
to be supported in pursuing and achieving grievance/dispute resolution. Employees can elect to have an observer
(friend or interpreter) present during discussions with their supervisor. If they are a Union member, the employee may
elect to have a Union delegate to accompany them during the discussions. The observer (friend/interpreter) does not
have a right to participate in the discussions.
Will this process be confidential?
Yes.
The grievance/dispute will not be discussed by the
supervisor with any other employee without permission being granted by the
concerned employee. Any necessary
discussion of the grievance/dispute among relevant managers will remain
strictly confidential, as required under the Privacy and Personal Information Protection Act 1998.
Who else can I contact for help?
Your local Business Manager, Human Resources Manager,
Administrative Manager, or General Manager
Your local Spokeswoman
Manager HR Policy and Consultancy Services (02) 9980 4215
General Manager Human Resources (02) 9980 4220
Women's Liaison Officer
Director of Affirmative Action
Manager Occupational Health, Safety and
Rehabilitation (02) 9980 4216
Workplace Union Representatives/Delegates
Union/Employee Associations -
AWU (02) 9897 3644
AWU Newcastle Central & Northern Branch (02) 4967
1155
AWU Port Kembla & Southern Branch (02) 4229 3611
AMWU (02) 4229
7611
Office of Director of Equal Opportunity in Public
Employment (02) 9248 3555
Government and Related Employees Appeal Tribunal (02) 9283 23477
Industrial Relations Commission - NSW (02) 9258 0011
(only accessed through the Union - unless an unfair
dismissal claim)
Premiers Department - NSW (02) 9228 3568
NSW Ombudsman
(02) 9286 1000
Independent Commission Against Corruption (ICAC) (02) 9318 5999
Lodging A Grievance/Dispute - State Forests’ Grievance
Receivers
Grievance Receivers - can be any supervisor or manager. It is their role to listen to your
grievance/dispute, gather information, offer counsel and advice and explore
whether further assistance is required.
State Forests’ Grievance Receivers include, apart from
supervisors:
General Managers, all Divisions
Corporate and Divisional HR Managers and Business
Managers
Branch Managers
Regional Managers
Regional Administrative Managers, all Regions
The Rights of Employees Involved in A Grievance/Dispute
Process
Confidentiality - employees involved in a
grievance/dispute process have the right to have that process remain
confidential.
A fast resolution - most minor grievances can be
resolved relatively quickly. Obviously,
more complex ones will take longer. In
general, grievances/disputes should be dealt with as quickly as possible.
The employee should be aware that if they make a
complaint against an individual, that person will be informed of the complaint
(unless there are special circumstances) and that an investigation will take
place. If the employee's name is
disclosed, the person will be cautioned against any comments or actions that
may be perceived to be victimisation.
No action can be taken without the employees consent,
except in specific, serious circumstances.
A fair, impartial process, free from victimisation -
employees involved in a grievance/dispute have a right to fair and impartial
treatment. Victimisation of any sort
will be the subject of disciplinary action.
There must be no suggestion of bias or preferential
treatment and all parties involved must be aware of their rights and
responsibilities in the process and all actions that are to be taken must be
discussed with the employees involved.
A mechanism for the review or appeal of the outcome of
the formal process - if an employee is dissatisfied with the way in which the
grievance process was conducted, or with its outcome, the employee may take the
matter elsewhere, either within State Forests or to an external organisation.
Can a Grievance/Dispute be Withdrawn?
A grievance/dispute can be withdrawn at any time, either
verbally for an informal grievance, or by written request if the employee
lodged a formal grievance/dispute.
Withdrawal of a grievance will not prevent other people raising a
grievance of their own in relation to the matter, if they believe that they
have not had the opportunity to respond appropriately. Grievance Receivers may also decide to
continue their investigation where they believe disciplinary action may be
warranted.
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Step 1
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Approach the
relevant supervisor concerning your grievance
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|
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(in person or in
writing).
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Your supervisor should address this grievance as soon as
possible. A meeting should be held to
address the issue. This meeting must be
held within one working day of receipt of notification of the grievance.
Timeframes should be set at this initial meeting to determine dates by which
the grievance should be resolved.
At any point, the employee is entitled to involve Union or
other representation to act solely as an observer.
An informal attempt to resolve the matter should be made at
this stage. This should occur within
one week of referral. If unresolved
within a week, employees have the option of referring the matter to Step 2.
If you cannot approach your direct supervisor because the
grievance concerns him/her, you should speak with a Branch/Regional Manager.
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Step 2
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If after referring the matter to your supervisor it is
still unresolved, it can be referred to a
|
|
|
Grievance Manager, usually the Branch or Regional Manager.
|
The supervisor must provide an explanation as to why the
grievance has not been resolved in the decided time frame.
The Branch or Regional Manager must then attempt to resolve
the grievance as soon as possible. The
Grievance Manager may consult with Human Resources Managers or General Managers
for further assistance in resolving the matter.
The Grievance Manager will, with the agreement of the
employee making the complaint and within 48 hours, decide on who is to fully
investigate the matter and make recommendations for its resolution.
The investigation will involve:
Informing the party who is the subject of the
complaint.
Providing this person with the opportunity to answer
allegations.
Interviewing people who can help ascertain the facts.
Obtaining documentation that is necessary.
Identifying options for the resolution of the matter
and discussing these with the parties.
The employee is entitled to Union representation and Union
involvement in any discussions at this stage.
If the matter is not resolved within 2 weeks the matter may be referred
to Step 3.
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Step 3
|
If the matter is unable to be resolved by the Branch/Regional
Manager it must be referred to the
|
|
|
Divisional Manager or General Manager Human Resources, who
then becomes responsible for
|
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resolving the grievance.
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The Human Resources Division (Head Office) must be kept
informed if the matter has industrial or human resources implications.
The Divisional Manager or General Manager Human Resources
investigating the grievance will report the facts of the matter, options for
resolution and recommended options back to the Grievance Manager. The preferred option for resolution will be
discussed with the parties, including the Grievance Manager and Union delegate
where involved. Any objection by the
parties will be noted and taken into account by the Divisional Manager in
making the final decision on the matter.
If not resolved within 2 weeks, the matter can be referred to Step 4.
Disputes relating to Uniforms and Classifications will be
referred to the appropriate Committees.
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Step 4
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If the matter is still unresolved, it can then be directed
to be resolved through direct negotiations at,
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|
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the executive level between the Union and State Forests,
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or if you do not wish to have Union representation, it can
proceed to this level with direct employee/management negotiations.
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Step 5
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As a last resort, the dispute can be referred to the New
South Wales Industrial Relations
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Commission.
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While these steps are being followed, normal work should
continue unless there is a proven health and safety risk associated. If normal work cannot be continued, your
Divisional Human Resources Manager or the Human Resources Division should be
contacted so that alternative work arrangements can be made.
Once the matter has been resolved the relevant parties will
continue to monitor the environment under which the grievance occurred, for a
period of time to ensure compliance with the remedy. Feedback on the process will be sought from the parties to
identify where improvements can be made.
11. No Extra Claims
The parties agree that they will not pursue any extra Award
or over-Award claims for the duration of this Award. This does not preclude either party’s right under Section 17 of
the Industrial Relations Act 1996 to
apply to the New South Wales Industrial Relations Commission to vary or rescind
the Award.
12. Conditions of
Employment
The parties to this Award are committed to implementing
changes as prescribed in this Award which will lead to genuine productivity
improvements. The following conditions
shall apply to all areas of employment covered by this Award as appropriate:
12.1 Weekly
Employment
(i) Full-time,
part-time and term employees shall be engaged by the week. An employee’s engagement may be terminated
by either the employee or the employer providing one week's notice in writing
or by payment or forfeiture, as the case may be, of one week’s wage in lieu of
notice, provided that in the case of misconduct an employee’s engagement may be
terminated without notice.
(ii) Casual
employees are engaged by the hour and the engagement of a casual employee may
be terminated without notice.
12.2 Ordinary Hours
of Work (for Rangers, Nurseries, Workshops and Research Employees - see
subclause 12.6 and 12.7).
(i) The ordinary
hours of work for all employees, other than casual employees, covered by this
Award shall be 38 hours per week. This
may be worked from:
(a) Monday to
Friday over 19 days of 8 hours each over a four week cycle; or
(b) By mutual
agreement to work any consecutive 5 out of 7 days Monday to Sunday over 19 days
of 8 hours each over a four week cycle.
(ii) The standard
span of hours will be between 6.00 am and 6.00 pm on each working day Monday to
Sunday, with the exception of shift work provisions.
(iii) Saturday/Sunday
work - no employee will be required to work more than 26 Saturdays/Sundays
in any 12-month period.
(iv) If required to
work on Saturday and/or Sunday, 5 days prior notice must be provided.
(v) Ordinary hours
of work for casual employees will be 38 hours per week with a maximum 10 hours
in any one day.
(vi) Payment for
work performed on Saturday under this clause will be paid at the rate of time
and a half. Payment for work performed
on Sunday under this clause will be paid at the rate of time and three
quarters.
(vii) Employees who
work on Saturdays and or Sundays as ordinary hours shall accrue additional
leave at the following rate:
|
Number of Ordinary
Saturdays/Sundays Worked During 1
|
Number of
Additional Days Leave
|
|
December to 30
November or Part Thereof
|
|
|
7-14
|
1
|
|
15-21
|
2
|
|
22-26
|
3
|
(viii) Where
employees are called upon to work any 6th or 7th day or part thereof (not on
fire fighting duties) in a seven (7) day week, they shall be paid in accordance
with subclause 13.3 Overtime Rates.
12.3 Variation of
Ordinary Hours of Work
(i) The ordinary
hours of work within the standard span of hours may be varied by mutual
agreement between State Forests and the majority of affected employees in a
particular group, region, district, section or department, to suit operational
needs.
(ii) Ordinary
hours of work may extend up to ten (10) hours on any one day by mutual
agreement and may be averaged out so that no employee works more than 38
ordinary hours per week in any four (4) week period.
12.4 Shift Work
Employees may be required to work outside the normal
span of hours (i.e. from 6.00 pm to 6.00 am) to address shift work (eg:
fauna work, environmental, and security work).
Employees will be remunerated for this shift work by:
either
(i) payment at
appropriate overtime penalty rates as per subclause 13.3 and subject to
subclause 13.5 (ii). Arrangements
concerning appropriate skills, numbers of shifts/week and period of rest before
recommencement of ordinary hours can be varied by mutual agreement between
State Forests and the majority of affected employees of a particular group,
Region, District, section or department to suit operational needs; or
(ii) being
rostered for a minimum weekly shift between Monday and Friday of shift work at
the standard hourly rate of time and three quarters. By mutual agreement the hours of any one shift may be averaged
out so that no employee works more than 38 shift hours/week in any four (4)
week period. Any hours worked outside these shift arrangements shall be paid at
overtime rates as per subclause 13.3.
Adequate notice for shift work will be given with a
minimum period being 7 days in advance.
In the event that shift work is to be cancelled (this does not include
changing duties on the shift, eg: emergency fire fighting, rescue and security
work etc) then a minimum 48 hours notice will need to be given to avoid payment
of overtime penalty rates as per this clause.
12.5 Part-Time Hours
Employees may work on a part-time basis, subject to the
provisions of Part 5 of the Industrial
Relations Act 1996 provided that:
(i) the ordinary
hours of duty are agreed between the employee concerned and State Forests and
fall within the same span of hours as applies or would apply to a full-time
employee undertaking the duties concerned;
(ii) the ordinary
working hours are fixed at not less than 4 hours per day worked; and
(iii) State Forests
informs the relevant Union of the hours fixed for part-time employees. The
Union shall have seven (7) working days from the date of being advised to
object to the agreement through the Grievance Resolution Procedures prescribed
by Clause 9 of this Award. The Union
will not unreasonably object to an agreement under this sub-clause.
12.6 Ordinary Hours
and Loadings for Rangers, Research and Workshop Employees (Saturday, Sunday and
Public Holidays)
Ordinary Hours of Work
(i) The ordinary
hours of work for all employees, other than casual employees, covered by this
Award shall be 38 hours per week.
(ii) Forestry
field workers and persons employed in Research Division shall work their
ordinary hours between the hours of 6.00 am to 6.00 pm Monday to Saturday.
(iii) Field workers
in Research Division will work their ordinary hours between 6.00 am and 6.00
pm, Monday to Saturday but for particular project work, on five (5) consecutive
days, Monday to Sunday.
(iv) Persons in
Workshops shall work their ordinary hours either:
(a) between 6.00
am and 6.00 pm, Monday to Friday; or
(b) by mutual
agreement between 6.00 am to 6.00 pm on five (5) consecutive days, Monday to
Saturday.
Where Workshops employees work on Saturdays as ordinary
hours, they shall be paid all ordinary hours for that day at the rate of time
and one half.
Workshops employees who work on Saturdays as ordinary
hours shall accrue additional leave at the following rate:
|
Number of Ordinary
Saturdays Worked During
|
Number of
Additional Days Leave
|
|
1 December to 30
November or Part Thereof
|
|
|
7-14
|
1
|
|
15-21
|
2
|
|
22-28
|
3
|
|
29-35
|
4
|
|
36 or more
|
5
|
(v) Loadings for
Working Ordinary Hours on Saturday, Sunday and Public Holidays
Rangers who are rostered for weekend work shall work
their ordinary hours on five consecutive days Monday to Sunday between 6.00 am
to 6.00 pm. When such employees work
their ordinary hours on a Saturday, they shall be paid for that day at the rate
of time and a half. When such employees
work their ordinary hours on a Sunday, they shall be paid for that day at the
rate of time and three-quarters.
When field workers in Research Division work their
ordinary hours on Saturday and Sunday they will be paid for that day at the
rate of time and a half and time and three quarters respectively and will
receive additional annual leave as per the table below.
Non-rostered employees who work Saturday and Sunday
only on an irregular basis shall be paid at overtime rates, as per Clause 13.3.
Employees who are rostered to work their ordinary hours
on Sundays and/or Public Holidays during the period 1 December to 30 November,
or part thereof, shall be entitled to receive additional leave (to compensate
for working a number of shifts on Sundays and Public Holidays) as follows:
|
Number of ordinary
Shifts Worked on Sunday
|
Number of
Additional
|
|
and/or Public Holidays
during 1 December - 30 November
|
Days Leave
|
|
or Part Thereof
|
|
|
4 - 10
|
1
|
|
11 - 17
|
2
|
|
18 - 24
|
3
|
|
25 - 31
|
4
|
|
32 or more
|
5
|
(vi) The provisions
of subclause 12.6 do not apply to employees who undertake work on Saturday,
Sunday or Public Holiday that meets the definition of overtime provided at
subclause 13.1.
(vii) The provisions
of paragraphs (iv) and (v) of this subclause do not apply to casual employees.
A casual employee is an employee engaged and paid on an
hourly basis, who receives a casual loading in lieu of all paid leave
entitlements.
Casual employees in Workshops who undertake work on
weekends will be paid at normal overtime rates (as per subclause 13.3 and
subclause 15.6).
Casual employees in Research and Development Division
who undertake work on a weekday will be paid the normal casual rate of
pay. Any hours worked above 38 hours
per week or outside the ordinary hours of work will attract overtime rates (as
per subclause 13.3 and subclause 15.6).
Casual employees in Research and Development Division
required to work on a Saturday as part of their ordinary hours of work will be
paid for that day at a rate of time and a half.
Casual employees in Research and Development Division
required to work on a Sunday as part of their ordinary hours of work will be
paid for that day at a rate of time and three quarters.
Casual employees in Research and Development Division
required to work on a Public Holiday as part of their ordinary hours of work
will be paid for that day at a rate of double time and a half.
Casual employees in Research and Development Division
who only work on a weekend will be paid for such weekend work as follows:
|
Saturday
|
normal rate plus 50% loading
(i.e. ordinary time and a half)
|
|
|
|
|
Sunday
|
normal rate plus 75% loading
(i.e. ordinary time and three quarters) with the
|
|
|
Superannuation Guarantee
Contribution paid on ordinary time.
|
12.7 Nurseries
(i) General
The Nursery Management Unit and associated State
Forests Nurseries trade 7 days a week.
Ordinary hours of work will be 38 hours per week,
worked over 19 days of 8 hours each over a four-week cycle.
Ordinary hours shall be worked between 6.00 am and 6.00
pm each day.
(ii) Permanent
Nursery employees
Permanent Nursery employees who volunteer for and are
rostered for weekend work shall work their ordinary hours on five consecutive
days Monday to Sunday between 6.00 am to 6.00 pm. When such employees work their ordinary hours on a Saturday, they
shall be paid for that day at the rate of time and a half.
When such employees work their ordinary hours on a
Sunday, they shall be paid for that day at the rate of time and three-quarters.
When such employees work their ordinary hours on a
Public Holiday they shall be paid for that day at the rate of double time and a
half (i.e. payment at normal time + overtime at time and at time and a half).
Employees who work in excess of 38 hours per week or
outside their ordinary hours of work shall be paid overtime rates as per
subclause 13.3. Employees who work on a
Saturday or Sunday after already working their 38 hours for that week shall be
paid at overtime rates as per subclause 13.3.
Permanent employees who are rostered to work their
ordinary hours on Sundays and/or Public Holidays during period 1 December to 30
November, or part thereof, shall further be entitled to receive additional
leave (to compensate for working a number of shifts on Sundays and Public
Holidays) as follows:
|
Number of Ordinary Shifts Worked on Sunday and/or Public
|
|
|
Holidays during 1 December - 30 November or Part Thereof
|
Number of
Additional Days Leave
|
|
4-10
|
1
|
|
11-17
|
2
|
|
18-24
|
3
|
|
25-31
|
4
|
|
32 or more
|
5
|
The provisions of sub-clause 12.7 do not apply to
employees who undertake work on Saturday, Sunday or Public Holiday for which
overtime is paid as per subclause 13.3.
(iii) Nursery
Casuals
The above provisions of subclause 12.7 (ii) do not
apply to casual employees. A casual
employee is an employee engaged and paid on an hourly basis, who receives a
casual loading in lieu of all paid leave entitlements.
Casual Nursery employees who undertake work on a
weekday will be paid the normal rate of pay.
Any hours worked above 38 hours per week or outside the ordinary hours of
work will attract overtime rates as per subclauses 13.3 and 15.6.
Casual Nursery employees required to work on a Saturday
as part of their ordinary hours of work will be paid for that day at a rate of
time and a half.
Casual Nursery employees required to work on a Sunday
as part of their ordinary hours of work will be paid for that day at a rate of
time and three-quarters.
Casual Nursery employees required to work on a Public
Holiday will be paid for that day at a rate of double time and a half (i.e. payment
at normal time + overtime at time and a half).
Casual Nursery employees who only work on a weekend are
compensated by a casual loading and will be paid for such weekend work as
follows:
|
Saturday
|
normal rate plus 50% loading
(i.e. ordinary time and a half)
|
|
Sunday
|
normal rate plus 75% loading
(i.e. ordinary time and three quarters).
|
12.8 'On-Call'
Arrangements and Allowances - Workshops Only.
In Workshops it is proposed that people will be placed
on a roster at each appropriate location and all such people will be
compensated by a $10.00 weekly payment.
In the week they are actually required for on-call duty a further $30.00
will be paid. If called out, the
minimum payment for recall is 2 hours at the appropriate penalty rate.
People 'on-call' will be provided with transport and a
means of communication while they are 'on-call' so that they can respond and go
to work immediately.
12.9 Self-Managing
Work Teams
These teams will be established for activities where
greater productivity may be achieved by such a method of working. It is expected that such self-managing work
teams may wish to vary the ordinary hours of work or days of work and this may
be done through the method provided at subclauses 12.2 and 12.3.
12.10 Transfer of
Employees
(i) Re-organisation
within State Forests, along with a shift in work areas necessitated through
land management transfer to other agencies, such as the National Parks and
Wildlife Service, will require temporary transfer of employees from
time-to-time by mutual agreement.
(ii) The
underlying principle in such cases will be to give full consideration to
individual circumstances and preferences, with identification of volunteers
(via mutual agreement) preferred to supervisor selection of employees to work
away from home. Management will ensure
maximum notice is given for a temporary transfer with a minimum of:
seven (7) calendar days notice for up to two (2) weeks
transfer
ten (10) calendar days notice for two (2) to four (4)
weeks transfer; and
fifteen (15) calendar days notice for over four (4)
weeks transfer.
Return to home will be provided, if required, each
weekend while on transfer, except in the case of Workshops where this period
will be every second week.
(iii) Employees
permanently transferring between locations within State Forests will be
entitled to the provisions of the Transferred Officers Award.
12.11 Uniforms
Carrying State Forests' Logo
The Uniform Committee will review and establish
Corporate Uniform Standards, including boots and wet weather gear, and resolve
issues relating to uniforms via Level 3 of the Grievance and Dispute Handling
Procedures. The Committee will be made
up of 4 elected Field Workers and be chaired by a Regional Manager.
Workplace Managers, in conjunction with Field Workers,
will implement local arrangements within the parameters set by the Uniform
Committee and the related Corporate Uniform Standard.
(i) Employees may
choose, with the approval of their Workplace Manager, to include a part issue
of the dress uniform in their overall uniform entitlement. Where possible uniforms should be
Australian-made.
(ii) All Field
Workers and Workshop employees will be provided with a State Forests’ uniform
consisting of six (6) shirts and a combination of trousers and shorts totalling
six (6), a combination of up to a total of three (3) appropriate winter
coats, windcheaters or jumpers where appropriate for the climate, five (5)
pairs of socks and appropriate boots.
(iii) Workshop
employees will get an initial issue of (three) 3 pairs of overalls.
(iv) Uniforms will
be replaced on a fair wear and tear ‘as needs’ basis.
(v) The cost of
replacement boots up to a maximum of $242 (inclusive of GST) will be paid
annually or boots will be supplied by agreement with affected employees. Fire fighting boots will be supplied
separately. The boot allowance is to be
paid within two (2) pay periods.
(vi) Casuals:
Casual fieldworkers will be provided with State
Forests' uniforms on the following basis:
|
Less than 20 days service per
year
|
Nil
|
|
21 days-3 months service per
year-
|
2
sets
|
|
3-6 months service per year
|
3
sets
|
Boots:
Less than 20 days service per year - casuals are
expected to supply their own boots that meet State Forests' requirements and
will be paid fifteen cents (15¢) per hour to compensate them for this expense.
Beyond 21 days service per year, State Forests will
supply boots to casual employees.
In Pine Plantation Nurseries alternate arrangements are
made where State Forests supplies appropriate footwear to casuals.
NB: Days worked accumulate over any 12-month period
from the date of commencement.
(vii) The
wearing of the State Forests’ uniform, when supplied, is compulsory whilst on
duty.
12.12 Tools and
Protective Clothing
(i) All tools
required by employees shall be provided free-of-charge by State Forests, other
than in Workshops where a tool allowance is paid.
(ii) Approved
safety hats shall be provided by State Forests and worn as a condition of
employment, unless the use of safety hats is specifically exempted by order of
the relevant manager.
(iii) Where
necessary, State Forests shall provide all necessary personal protective
equipment (eg: masks, goggles, gloves and protective glasses and clothing).
(iv) An employee
whose clothing is spoiled by acids or sulphur or other deleterious substances,
due to the circumstances of his/her employment, shall be recompensed by his/her
employer to the extent of his/her loss.
(v) All employees
engaged on fire fighting shall be issued initially with two pairs of combination
overalls. Such protective clothing must
be worn whilst fire fighting. Replacement of overalls will be on a ‘needs’
basis and employees will be responsible for the laundering of their own
overalls.
12.13 Use of Casuals
and Contractors
(i) All employees
covered by this Award will, subject to appropriate consultation with the
relevant local Union delegate or organiser, agree to work alongside casual
employees or contractors engaged to meet short-term demands to maintain
efficiencies and to meet specified increased output requirements and
productivity levels.
(ii) Where the
work conducted requires specialist skills, tools, plant or equipment, State
Forests will consider the provision of training and/or hiring of such plant etc
to enable its employees to carry out the work.
(iii) Where it is
impractical for work to be carried out by employees because specialist skills
and/or equipment are unavailable or the timeframe is unacceptable, contractors
may be hired to perform the work.
(iv) Where work is
presently carried out by State Forests’ employees, the parties agree that in
order that the issues of contracting out can be fully considered, consultation
will take place between State Forests and the relevant local Union delegate or
organiser prior to initiating any change in the status quo.
(v) For fire
fighting and hazard reduction burning, priority will be given to the use of
available State Forests’ employees.
(vi) Casuals will
be employed for periods of no longer than six (6) months.
13. Overtime (Excluding
Fire Fighting)
13.1 Overtime
Definition
Overtime is that time an employee is directed and
authorised to work which is either:
(a) in excess of
38 hours per week; and/or
(b) outside the
ordinary hours of work, as established for each employee under subclause 12.3.
Overtime will only be payable for time on-duty at the
work site. Travel arrangements are
covered under Clause 18.
13.2 Employees to
Work Reasonable Overtime
All employees undertake to work reasonable overtime as
requested.
13.3 Overtime Rates
Overtime will be paid for at the rate of time and a
half for the first two hours and thereafter at double time, to be calculated on
the basis of each completed unbroken period of overtime, provided that double
time will be paid for all work performed on Sundays and double time and a half
shall be paid for all work performed on public holidays.
13.4 Time off in
Lieu of Overtime
State Forests may grant compensation for directed
overtime worked by granting leave in lieu of payment. The following provisions apply to the leave in lieu:
(1) The employee
shall advise their supervisor before the overtime is worked or as soon as
practicable on completion of overtime that they intend 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 department, except when leave in lieu is
being taken to look after a sick family member.
(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 in the employee’s department or section.
(5) Leave in lieu
accrued in respect of overtime worked on other than public holidays shall be
given by the Department and taken by the employee within three (3) months of
accrual, unless alternate local arrangements have been negotiated between the
Department Head and the relevant trade Union(s).
(6) At the
employee’s election, leave in lieu accrued in respect of overtime worked on a
public holiday may be added to the employee’s annual leave credits and may be
taken in conjunction with annual leave.
(7) An employee
shall be paid for the balance of any overtime entitlement not taken as leave in
lieu.
13.5 Minimum Periods
An employee who works overtime:
(i) on a
Saturday, Sunday or Public Holiday; or
(i) by being
recalled after leaving work, prior to their next scheduled period of ordinary
time duty,
shall be paid for no less than four (4) hours work, at
the appropriate rate.
Workshops employees "on-call" will be paid in
accordance with subclause 12.8 and general field workers "on-call"
will be paid in accordance with subclause 19.3.
13.6 Break From Duty
(Overtime)
Following completion of overtime, an employee shall:
(i) be released
from resuming ordinary duty for an unpaid period of ten (10) consecutive
hours. This number of hours does not
include time spent travelling;
(ii) if required
to resume or continue working without having had an unpaid break of ten (10)
consecutive hours, excluding travel, shall be paid at the rate of double time
until such a break is given or where, by mutual agreement, the break is reduced
to eight (8) hours, except for fire fighting where the ten (10) hour break must
be maintained as per subclause 19.8;
(iii) work in
accordance with the rest provisions contained in the shift work subclause 12.4.
Provided that, if the provision of an unpaid break
under this sub-clause results in an employee performing less than 38 hours of
duty in a week (paid at either ordinary or any other overtime or loaded rate),
then any shortfall shall be paid at ordinary rates.
The above ensures a minimum of 38 hours will be paid at
ordinary rates to all employees, other than casuals, even when not worked.
13.7 Meal Breaks
(Cribs)
(i) Employees who
have not been afforded a meal break of at least 30 minutes in duration,
commencing by 1.00 pm, shall be paid overtime rates for all time worked between
1.00 pm and the time when they do receive a meal break of no less than 30
minutes.
(ii) Employees
working overtime will be entitled to a paid meal break of 30 minutes -
(a) after working
2 hours overtime following the completion of a full period of ordinary time,
and where more than 2 hours overtime is required;
(b) after working
every four hours of overtime without a meal break; and;
(c) where overtime
on a Saturday, Sunday or Public Holiday continues after 12 noon, in which case
the break will occur between 12 noon and 1.00 pm.
13.8 Meal Allowance
Employees who are directed to work overtime and who,
through insufficient prior notice (i.e. less than 12 hours), need to buy meals,
shall be paid a meal allowance for any meal break for which they are entitled
under paragraph (ii) of subclause 13.6, at the rates specified below:
|
Breakfast Allowance:
|
|
|
When required to start work before 6.00 am
|
$19.15
|
|
Lunch Allowance:
|
|
|
For overtime required to be worked after 1.30 pm on
Saturdays, Sundays or
|
|
|
Public Holidays
|
$19.15
|
|
Dinner Allowance:
|
|
|
When required to work after 6.00 pm
|
$19.15
|
14. Accommodation
Expenses
14.1 Reimbursement
of Meal Expenses - No Overnight Stay
Expenses incurred by employees when they are required
to travel on official business outside their normal working hours without
having to remain away from home base overnight and where meals are not provided
by State Forests, will be reimbursed to the level specified under this
subclause. This entitlement to
reimbursement is in lieu of any expenses that may otherwise apply under
subclause 13.7. Receipts will not be required to substantiate meal expenditures
claimed up to the levels set below.
|
Breakfast Expenses:
|
|
|
When travel starts before 6.00 am
|
$16.65
|
|
Lunch Expenses:
|
|
|
When the staff member is unable to have lunch at his/her
normal workplace
|
$18.55
|
|
Dinner Expenses:
|
|
|
When work or travel goes beyond 6.30 pm
|
$31.95
|
14.2 Reimbursement
for Accommodation and Meals - Overnight Stay
(i) When an
employee is required to work away from home base involving an overnight stay,
State Forests will either:
(a) make an
arrangement with a provider to meet the actual cost of bed and breakfast and a
telephone call home by placing an order on the provider; or
(b) provide the
employee with a cash advance to meet the expected cost of accommodation.
(ii) A cash
advance will be made to an employee to cover incidentals and meals, except
where State Forests arranges payment for meals directly with the provider. That advance will allow for the following
level of expenditure:
|
Breakfast (if not included in the accommodation charge)
|
up to $17.20
|
|
Lunch (if not included in the accommodation charge)
|
up to $19.20
|
|
Dinner in the country (if not included in the
accommodation charge)
|
up to $30.50
|
|
Dinner in the city (if not included in the accommodation
charge)
|
up to $40.65
|
|
Incidental Allowance (per night spent away)
|
$20.30
|
(iii) Receipts will
not be required to substantiate meal expenditures claimed up to the levels set
in paragraph (ii) above. Expenses
incurred over and above these amounts will only be reimbursed where:
(a) Receipts
substantiating all the meal and incidental expenses for the period away from
home base are provided.
(b) The total meal
and incidental expenses for the time away from home base exceed the total
amount to which the employee is entitled under paragraph (ii) above; and
(c) If the
expenses incurred are considered by State Forests as being reasonable in the
circumstances concerned.
(iv) Costs incurred
other than accommodation, meal or incidental expenses (for example, bus or rail
fares), will be reimbursed upon production of receipts. However, where practicable, either an
appropriate advance or a cab charge facility will be provided.
(v) Any
extraordinary additional costs incurred at home base and caused directly by the
employee being required to travel away from home and remain away overnight will
be reimbursed upon production of receipts.
Such additional costs might include, for example, emergency childcare.
15. Classifications
and Salary Rates
15.1 Pay Period
The pay period for ordinary pay shall be the current
fortnight. Adjustments for overtime
penalties and allowances will be paid either currently or a fortnight in
arrears.
15.2 Rates of Pay
The minimum weekly rates for full-time employees
covered by this Award are:
|
1.1.2002
|
1/4/2002
|
1/4/2003
|
1/4/2004
|
|
|
4%
|
4%
|
4%
|
|
Classification Rate
|
|
|
|
|
1
|
$521
|
$542
|
$564
|
$586
|
|
2
|
$536
|
$557
|
$580
|
$603
|
|
3.1
|
$558
|
$580
|
$604
|
$628
|
|
3.2
|
$562
|
$584
|
$608
|
$632
|
|
4.1
|
$586
|
$609
|
$634
|
$659
|
|
4.2
|
$596
|
$620
|
$645
|
$670
|
|
4.3
|
$610
|
$634
|
$660
|
$686
|
|
4.4
|
$621
|
$646
|
$672
|
$699
|
|
5.1
|
$647
|
$673
|
$700
|
$728
|
|
5.2
|
$659
|
$685
|
$713
|
$741
|
|
5.3
|
$667
|
$694
|
$721
|
$750
|
|
6.1
|
$731
|
$760
|
$791
|
$822
|
|
6.2
|
$753
|
$783
|
$814
|
$847
|
|
6.3
|
$774
|
$805
|
$837
|
$871
|
|
6.4
|
$794
|
$826
|
$859
|
$893
|
15.3 Payment Method
Wages shall be paid into a bank or other account,
except in hardship or other exceptional circumstances where payment will be
made by cheque subject to cashing facilities being available within twenty-four
hours of the employee’s normal pay day, provided further that where the
employee’s normal pay day is a Thursday, cashing facilities shall be available
by 5.00 p.m. on that day.
15.4 Pay Advice
By Friday (close of business) of pay week, each
employee shall be issued with pay advice showing at least the gross amount of
wage and the details of any deductions made from the employee’s earnings, in
accordance with Section 123 of the Industrial
Relations Act 1996.
15.5 Payment on
Termination
When an employee is terminated by State Forests, the
employee shall be paid all of the wages due at the time of the employee’s
termination. In the case of
resignation, the remainder of any wage due to the employee shall be paid at or
before the expiry of notice of resignation.
In the case of any delay beyond the time herein stated, the employee
shall be paid at the given wage rate for all working time that the employee is
kept waiting.
15.6 Rates of Pay
for Casual Employees
Casual employees will be paid per hour at the rate of
one thirty-eighth of the applicable weekly rate for a full-time employee at the
same classification level plus, subject to the provisions of Clause 15:
(i) for ordinary
hours of work, a casual loading of 24.6%, in compensation for the disadvantages
of casual work and in lieu of all paid leave entitlements (excluding long
service leave), including annual leave (where 24.6% is the cumulative
percentage obtained by applying a 15% casual loading and then applying an 8.33%
loading in lieu of annual leave);
(ii) for overtime
hours, a casual loading of 15%, in compensation for the disadvantages of casual
work, with the hourly rate so obtained then being used as the ordinary rate of
pay for the calculation of overtime;
provided that casual employees will be paid for a
minimum of three hours for each engagement.
15.7 Rates of Pay
for Part-Time Employees
Permanent part-time employees will be paid a weekly
rate determined by the following formula:
|
applicable rate for full-time
employee
|
x
|
(weekly hours of the
part-time employee)
|
|
at the same classification
level
|
|
38
|
15.8 Classification of
Employees
The classification of an employee will be determined by
the level of responsibility and skill that the employee is required to
exercise. The responsibilities and
skills required to be exercised at each level in the classification structure
are defined in Schedules 2, 3, 4, 5 and 6 along with relevant promotion
criteria for advancement between levels.
15.9 Purpose of
Classification Structure
All employees agree to the concept of multi-skilling at
all levels and recognise that broader job requirements will continue to lead to
ongoing elimination of the boundaries between jobs now classified at the same
level.
The classification structure is designed to:
(i) recognise
competencies achieved and used;
(ii) group all
employees covered by this Award into one of six (excluding apprenticeship)
levels;
(iii) allow for
career progression through the incremental acquisition and use of skills;
(iv) clarify steps
in the career progression beyond which a particular established position is
filled through a selection process;
(v) allow skill
deficits to be readily recognised and training programs developed to bridge
"gaps"; and
(vi) facilitate the
development of Self-Managing Work Teams.
15.10 Disagreements
About Classification Levels - The Classification Disputes Process
Aim of the Classification Disputes Process
The aim of the process is as follows:
(i) to ensure
that appropriate relativities between classifications are maintained as job
evaluations are conducted;
(ii) to ensure
equity of classifications across the State;
and.
(iii) to examine
anomalies within the Classification Structure (Refer to Clause 10, Step 3
Grievance and Dispute Handling Procedures).
The Classification Disputes Committee is comprised of
five (5) AWU representatives, and one (1) AMWU representative.
Training provision for Union representatives in job
analysis and evaluation - all Committee members have been trained in Job
Analysis and evaluation.
Make-up of Job Evaluation Panel:
A panel consisting of:
a Human Resources representative
two Field Worker representatives
two local State Forests (employer) representatives
If you wish to refer a classification issue to the
Committee please contact your local delegate or Human Resources Division (ext.
4510).
Function of Committee
To promote a consistent and clear understanding of the
Classification Structure contained within the Award.
To review the current Classification Structure for any
anomalies and work in conjunction with management to develop revised structures
as required.
To assist management and field workers in resolving
disputes regarding classifications by functioning as an impartial third party
forum. The Committee reviews
classifications/gradings and makes recommendations based on formal job analysis
and evaluation procedures and forwards position descriptions to the evaluation
panel for determination of the appropriate grade.
Provide a reporting mechanism to Human Resources
Division regarding issues surrounding the Classification Structure and refer
disputes as the Committee sees necessary.
The Committee will meet annually to review its progress
and functions, thus enabling more efficient reporting to the wider Award
negotiating committee.
15.11 Higher Duties
(i) An employee
who, for a temporary period, is required to fully exercise the skills and
responsibilities of another position occupying a higher classification level
than their ordinary level, will be entitled to receive the minimum rate
applicable to that higher level in the following circumstances:
(a) employees
required to perform higher duties in a position classified at or below Level 4,
for a full day or part thereof, will be paid at that higher level for the whole
day;
(b) employees
classified at Level 4 or below, who are required to perform higher duties in a
position classified at Level 5 or above, involving supervision, for a
continuous period of no less than a full working day, will be paid at entry
Level 5.1 for the whole day;
(c) employees
classified at Level 5 or above who are regularly and routinely required to
perform higher duties, for a cumulative period of at least five full working
days over any four (4) week period, will be paid at the appropriate level for
those days on which higher duties is performed pursuant to Schedules 2 and 3 of
this Award.
(ii) Notwithstanding
the above, State Forests may, at its discretion:
(a) pay higher
duties to employees who are required to perform non-routine functions at a
higher level and who are not otherwise entitled to receive a higher duties
payment;
(b) pay a partial
duties payment to employees who are required to exercise a substantial
proportion, but not fully perform, the skills and responsibilities of another
position occupying a higher classification level. Such payment to be commensurate with the proportion of skills and
responsibilities exercised at the higher level.
(iii) An employee
proceeding on annual leave or sick leave may continue to receive a higher
duties allowance provided that the employee has been regularly and consistently
in receipt of the allowance immediately prior to commencing leave and would
have been reasonably expected to continue on higher duties but for their
absence on leave.
(iv) If higher
duties are performed for an extended period (6 months +) then consultation
will take place with the appropriate local Union delegate/official.
15.12 Performance Pay
or Payment by Results
Subject to an employee receiving at least the minimum
wage rate to which the employee is entitled under this Award, State Forests may
remunerate employees under any system of payment by results based on rates
which are agreed between State Forests, the affected employee(s) and the
Union. The terms of such agreements
will be subject to consultation with the Union.
16. Rostered Days Off
16.1 Entitlement
(i) An employee’s
ordinary hours will be worked on no more than 19 days in each 28-day cycle,
Monday to Sunday with one day in each 28 day period being regarded as a
rostered day off (RDO). Each day of
paid leave taken and any public holidays occurring during any cycle of four
weeks shall, for the purposes of this paragraph, be regarded as a day worked.
(ii) An employee
who has not worked 19 days in a complete 28 day cycle shall receive pro-rata
accrued entitlements for each day worked (or for each fraction of a day
worked), payable for the rostered day off or, in the case of termination of
employment, on termination.
16.2 Scheduling RDOs
(i) An employee’s
RDO will be scheduled in advance of the 28-day cycle in which it occurs, taking
into account the interests of employees and ensuring that State Forests’
operational needs are met having regard to seasonal, climatic and workload
factors.
(ii) With a
minimum of twelve (12) hours notice to affected employees and without penalty
to State Forests, an RDO may be rescheduled once in each 28-day cycle to
satisfy operational needs. The agreed
substitute RDO is to be provided within the cycle and may only be deferred
under circumstances of fire or a similar state of emergency.
16.3 Accumulating
RDOs
(i) Where the
majority of affected employees agree, each Region or Business Unit may nominate
up to five (5) consecutive cycles of four (4) weeks duration during which RDOs
will accumulate (that is, will be "banked"). Employees will then be
given an opportunity to take their accumulated RDOs prior to the commencement
of any further accumulation cycle.
(ii) Employees may
take their accumulated RDOs by agreement with the appropriate Manager:
(a) consecutively
to a maximum of five (5) days; or
(b) by working
nine-day fortnights; or
(c) by a
combination of these two methods.
Employees may agree with their manager to defer taking
some of their accumulated RDOs, provided that RDOs are not forfeited and
provided that no more than five (5) RDOs are accumulated at any one time.
(iii) Once
scheduled, the only circumstance in which a "banked" RDO will be
required to be worked is in fire or similar state of emergency.
17. Inclement Weather
17.1 Definition
For the purposes of this clause, inclement weather
means wet weather or abnormal climatic conditions such as hail, cold, high
winds, severe dust storms, extreme high temperature or any combination thereof.
17.2 Continuation of
Work
Appropriate productive work will be carried out during
inclement weather conditions, provided appropriate protective clothing of a
high standard suited to local conditions and approved by the Uniform Committee
is issued. Decisions on working during
inclement weather will rest with the supervisor and, where they exist, by
self-managing work teams, consistent with the Occupational Health and Safety Act 2000 and Regulation 2001:
(a) In forest
Regions, where there are appropriate functions that can be undertaken during
inclement weather, then these functions will be undertaken or continue to be
undertaken.
(b) Workshop
employees will carry out fieldwork away from normal facilities and under
inclement weather conditions as determined by the employee on the job in
conjunction with the Workshop Manager.
(c) Nursery
employees will work during inclement weather on both production and customer
service, provided that appropriate protective clothing is supplied.
18. Travel to and
from Work
18.1 Agreements
(i) As far as
practical for forest field workers, and particularly where work is performed in
gangs, State Forests will provide transport to and from the job. Where an
employee is picked up by such transport on the way to work and dropped off by
it after work, that employee’s working day will be deemed to have commenced at
a time and place determined through written mutual agreement.
(ii) Time taken by
vehicles provided by State Forests shall be no more than is reasonable given
the nature of the vehicle and the condition of the road. Transport provided by
State Forests shall leave promptly on the cessation of work and an employee
shall not be required to travel a further distance than that employee wishes to
travel. The vehicle provided shall have
suitable seating accommodation and a cover to protect employees from the
weather. Employees will not be
transported in a vehicle that is carrying explosives.
(iii) The
application of these arrangements is governed by written agreements. The
overall objective of these travel arrangements is to optimise time on the work
site and reduce time spent at depots and travelling.
(iv) The
requirements under this clause do not apply to Workshops employees.
(v) Garaging of
Vehicles
If it is operationally more efficient to garage the
State Forests’ vehicle overnight at a particular employee’s place of residence,
then such arrangements may be made by agreement. Such arrangements will cover, but not be confined to:
(a) the time and
place of commencement of work;
(b) nomination of
pick-up and set-down points;
(c) nomination of
an employee who will be the designated driver of a vehicle and responsible for
its overnight garaging at their place of residence; and
(d) changes which
may need to be made to the arrangements depending on the location of the work
site.
The travel allowance based solely on a kilometre rate
presently being paid for travel to work will continue to be paid to the
relevant employees (current and new) for the duration of this Award and
variations to it. Provided that where
an employee travels alone to and from the job and their home in a State
Forests’ vehicle, then that employee’s present allowance will be withdrawn.
18.2 Travelling Time
(when away from normal workplace; i.e. home base)
(i) Time spent
travelling (i.e. not driving) on official business during ordinary hours of
work is regarded as normal duty and is compensated within an employee’s minimum
rate of pay as prescribed by Clause 15.
Time spent travelling on official business outside ordinary hours of
work will attract additional payment calculated at the employee’s ordinary rate
of pay.
(ii) Where an
employee is required to travel in a State Forests’ vehicle outside of normal
working hours when away from home base, the nominated driver of the vehicle
shall be paid at the applicable overtime rate.
State Forests' employees travelling in the vehicle as passengers will be
paid at ordinary rates of pay.
19. Fire Fighting
Duty
19.1 Definition
For the purposes of this clause, fire-fighting duty
includes:
(i) Travel to and
from the fire, surveillance of a running fire, fire suppression and mop-up
(including logistical support, eg: meal delivery, fuel delivery etc), either
within or outside normal working hours.
At the completion of mop-up and where subsequent patrol
of the fire is undertaken, this will not be considered as fire fighting. If, during the course of this patrol,
further active mop-up work is required; eg: use of water or chainsaw work, then
this would be paid as fire fighting, provided that a minimum of one (1) hour’s
work of this nature has been undertaken.
(ii) Fire stand-by
duty, fire detection (both fire tower operation and mobile fire patrol) outside
normal working hours.
For the purposes of this clause fire fighting does not
include:
hazard reduction burning
travel to and from other Regions to undertake fire
fighting
fire detection, both fire tower operation and mobile
fire patrol during normal working hours.
Note: Hazard Reduction (HR) includes both post harvest and
broad area burning. In instances where HR burns have minor breakaways and are
contained by the crews initially deployed for the hazard reduction operation,
this will not be considered to be fire fighting. Where it is necessary to report the breakaway to the office
requesting additional resources, this will be considered as fire fighting until
the breakaway is contained.
19.2 Fire Stand-by
Duty Outside Normal Working Hours
Employees may be required to undertake fire stand-by
when the fire season situation requires a high state of readiness.
Fire Stand-by Duty will be implemented to enhance State
Forests state of preparedness and will include fire fighting, as required, the
strategic location of field workers for fire lookout and to facilitate quick
access to fire and work to be performed in accordance with subclause 19.2 (i)
below:
(i) Work
performed during fire stand-by duty should be designed so as not to be
strenuous, ensuring crews are fresh and ready for fire attack; i.e. except in
an emergency situation work shall be generally of a minor nature. Any stand-by duties should enhance the state
of fire preparedness. Work should be
located at strategic points to facilitate quick access to fire. Radio, telephone or mobile phone contact
must be maintained at all times by work being within hearing distance of either
of these communication devices.
Fire stand-by duties can be varied to suit the fire
situation and related Occupational Health and Safety needs.
If not so advised within 12 hours of the nominated
start time that duty is not required, payment will be two (2) hours at the fire
fighting rate (Clause 19).
19.3 On-Call Duties
(Workshops Excluded)
Employees may be required to be on-call and available
for fire fighting duties generally during periods of a low state of fire
preparedness. 'On-call' provisions are not intended to be, nor should they be
seen as, a substitute for fire stand-by duty.
It is expected that "on-call" will only apply
intermittently and for very short periods (eg: right at the beginning or right
at the end of a fire season) and nominated persons will be paid $40 per week to
be "on-call". If called out,
the minimum payment for recall is 2 hours at the applicable penalty rate.
For employees on call a vehicle will be provided with
limited private use so there is personal flexibility. State Forests will also provide radio/mobile phone/pager as
required to ensure the Field Worker 'on-call' can respond and go to work
immediately.
19.4 Minimum Periods
An employee who works overtime:
(i) on a
Saturday, Sunday or public holiday; or
(ii) by being
recalled after leaving work, prior to their next scheduled period of ordinary
time duty
shall be paid for no less than four (4) hours work, at
the appropriate rate, excepting employees "on-call" who will be paid
in accordance with subclause 19.3 above.
19.5 Fire Fighting
Loading
Fire fighting will be compensated by a loading in lieu
of the overtime rates and conditions specified in Clause 13 and the benefits
associated with ordinary time on duty on Saturdays, Sundays and Public Holidays
specified in subclause 21.3.
The rates for the loading are:
|
Time of Fire Fighting Duty
|
Loading
|
|
During normal working hours, Monday to Friday
|
time and a quarter
|
|
Outside normal working hours, Monday to Saturday
inclusive,
|
|
|
or on Saturdays
|
time and three quarters
|
|
On Sundays
|
double time
|
|
On Public Holidays
|
double time and a half
|
In applying the above, no employee should revert to a
lower loading during a current shift whilst fire fighting.
In calculating this loading for casual employees, the
time and a quarter loading will be calculated after inclusion of the 24.6%
casual loading; whereas all other loadings will be calculated after the
inclusion of the 15% casual loading only.
19.6 Normal Working
Hours
For the purposes of subclauses 19.1 and 19.5 normal working
hours are the ordinary working hours within the span of hours specified for an
employee under subclause 12.2.
19.7 Meal Breaks
(Cribs)
Employees working overtime will be entitled to a paid
meal break of 30 minutes -
(a) after working
2 hours overtime following the completion of a full period of ordinary time,
where more than 2 hours overtime is required;
(b) after working
every four hours of overtime without a meal break; and
(c) where overtime
on a Saturday, Sunday or Public Holiday continues after 12 noon, in which
case the break will occur between 12 noon and 1.00 pm.
19.8 Break from Duty
Following completion of duty, an employee shall either:
(i) be released
from resuming ordinary duty for a period of ten (10)consecutive hours; i.e.
once at home or at alternate accommodation (eg: hotel, motel or camp). This
number of hours does not include time spent travelling; or,
(ii) if required
to resume or continue working without having had a break of ten (10)
consecutive hours, excluding travel, shall be paid at the rate of double time
until such a break is given.
(iii) Where fire
fighting for one night results in part or all of the 10 hour break occurring in
the next day’s ordinary hours of work there will be no loss of pay for those
ordinary hours.
Fire Fighting for one night will result in payment at
ordinary time for any of the 10-hour break which continues into the next day’s
ordinary hours of work as per subclause 12.2.
Fire fighting beyond one continuous night (i.e. goes
into the second and subsequent nights) will be deemed to be a shift
situation. In this instance, any ten
(10) hour break occurring during ordinary hours of work will not be a paid
break, provided that when reverting to normal duties (within a normal working
week) that each employee will be entitled to a minimum of ten (10) consecutive
hours break without any loss of pay for ordinary hours of work occurring during
that break.
The above ensures a minimum of 38 hours will be paid at
ordinary rates to all employees, other than casuals, even when not worked.
19.9 Travel To and
From Fires
Fire fighting commences from the time the employee
leaves home or alternate accommodation, and finishes when the employee returns
home or returns to the alternate accommodation (door to door).
Note, however, stand-by, patrol and fire tower duty
during normal hours is not considered fire fighting and by mutual agreement the
break from duty may be reduced to 8 hours. Furthermore the travel to and from work provisions for these
duties will be in accordance with the signed workplace agreements.
19.10 General Fire
Fighting Requirements
(i) For fire
fighting and hazard reduction burning in State Forests, priority will be given
to the use of available State Forests’ employees.
(ii) All employees
engaged on fire fighting shall be issued initially with two pairs of fire
fighting overalls and one pair of approved fire fighting boots. Such protective clothing and boots must be
worn whilst fire fighting. Replacement
of fire fighting overalls and boots will be on a ‘needs’ basis and employees
will be responsible for the laundering of their own clothing.
19.11 Meals
State Forests is committed to providing drinks and
nutritious, hot meals of a high standard wherever possible. Emergency conditions and locations of fires
do not always make this possible in which case State Forests would provide a
satisfactory alternative (eg: combination of sandwiches, hot drinks, cold food,
cold drinks, fruit and snack packs).
State Forests will endeavour to provide meals for the
initial (24 hours) attack in fire fighting situations.
State Forests will provide adequate notice to employees
as to whether drinks and food will, or will not be provided by State
Forests. For the purposes of this
sub-clause, sufficient notice of at least 10 hours will be given prior to the
commencement of overtime or such lesser period as is reasonable in the
circumstances.
Employees, who are directed to work second and
subsequent shifts, and have been given reasonable notice to do so, should
ensure they provide for themselves adequate food provisions for meal breaks
each four (4) hours, for up to a 14-hour shift.
In the unlikely circumstance where employees, either
through insufficient notice to provide their own meals or where no meal has
been provided, need to purchase meals, these employees shall be paid meal
allowances at the rates specified below:
|
Breakfast Allowance:
|
$19.15
|
|
Lunch Allowance:
|
$19.15
|
|
Dinner Allowance:
|
$19.15
|
NB: Receipts are only required if an employee exceeds
an allowance provided above.
20. First-Aid and
Health and Safety Issues
(i) Where
practicable no less than one of the employees in each gang of 3 or more shall
have a recognised qualification in first-aid.
(ii) A standard
first-aid kit shall be provided and maintained by State Forests on all work
sites to which this agreement applies.
(iii) On all
forests works where more than 50 employees are employed and hospital and/or
medical services are not readily available, an equipped first-aid station shall
be provided at a readily accessible location.
(iv) In the event
of any serious accident/incident, occurrence or serious illness occurring to
any employee whilst at work, in the camp or going to or from the camp, State
Forests shall provide transport facilities to the nearest hospital or doctor at
its expense.
(v) Any employee
at classification level 1 to 4 inclusive who is appointed by State Forests to
perform first-aid duty to any gang of 3 or more shall be paid a first-aid
allowance of $9.96 per week. If current
employees at Levels 4-6 remain qualified and are performing first-aid duties
they will continue to receive the first-aid allowance. Any future employees 5.1 and above shall not
receive the first-aid allowance.
There should only be one first-aid allowance paid per
crew.
(vi) The parties
recognise that given the varied and demanding nature of tasks undertaken by
employees of State Forests, further negotiations will consider health-related
issues such as stress management and workplace fitness.
21. Leave
21.1 General
Provisions
The Forestry Commission shall be bound by the
provisions of the Uniform Leave Conditions for Ministerial employees, subject
to the amendments and additions specified in this clause.
21.2 Sick Leave
(i) Sick leave
will accrue on a calendar year basis, with the full annual entitlement of 15
days paid leave being available from 1 January each year for employees employed
as of that date.
(ii) New employees
who commence after 1 January will receive a pro-rata credit for that proportion
of the calendar year remaining. Sick
leave taken during the first three months of employment will only be paid upon
the completion of three months service and following one month’s continuous
service without the taking of any sick leave, up to a maximum entitlement of 15
days paid sick leave per annum.
(iii) Unused sick
leave entitlements will accrue, in accordance with Ministerial Leave
Conditions.
21.3 Public Holidays
Payment (to the extent which would ordinarily have been
paid had the day been a working day) shall be made for the following days: New
Years Day, Australia Day, Good Friday, Easter Monday, Easter Saturday, Anzac
Day, Queen’s Birthday, Christmas Day, Boxing Day and Labor Day, whenever
celebrated, and all other gazetted holidays proclaimed to operate throughout
the State of NSW.
21.4 Union Picnic
Day
(i) The first
Monday in August of each year shall be the Union Picnic Day.
(ii) All Union
members shall, as far as practicable, be given and shall take this day as
Picnic Day and shall be paid to the extent to which they would ordinarily have
been paid had the day been a working day.
Any Union member required to work on this day shall be paid at the rate
of double time and a half for not less than four hours work.
(iii) Members of
relevant Unions named in this Award may be required to produce evidence of
Union membership (i.e. membership ticket).
21.5 Recreation
Leave Management
When an employee has achieved an accrual of thirty (30)
days recreation leave (maximum accrual without forfeit is 40 days) their
manager or supervisor will discuss the management of that accrued recreation
leave with the employee, so that it may be taken at a time which suits the
operational needs of State Forests and the needs of the individual. Accrual over 40 days is not permitted
without written approval of the Workplace Manager.
22. Area, Incidence
and Duration
This Award applies to all classifications listed in
Schedules 2, 3, 4 and 5 attached hereto. The Award rescinds and replaces the
Crown Employees Fieldwork and Other Staff Award published 3 November 2000 (319
I.G. 1124). This Award shall operate
from 17 February 2003 and will remain in force until 1 April 2005. (Rates of pay will be instituted by
administrative action from the first full pay period on or after 1 April 2002
and will remain in force until 1 April 2005.)
23. Leave Reserved
Items
The Classification structures for Nurseries and Research are
to be reviewed within the life of this Award.
The Field Worker Classification Structure (Schedule 3) will
also be reviewed within the life of this Award (with particular reference to
the Aboriginal Cultural Heritage Officers positions, Ecologists positions and
other areas of concern/disputation identified by the Classifications Disputes
Committee).
24. Deduction of
Union Membership Fees
(i) The Union
shall provide State Forests with a schedule setting out Union fortnightly
membership fees payable to members of the Union in accordance with the Union’s
rules.
(ii) The Union
shall advise State Forests of any change to the amount of fortnightly
membership fees made under its rules.
Any variation to the schedule of fortnightly membership fees payable
shall be provided to State Forests at least one month in advance of the
variation taking effect.
(iii) Subject to
(i) and (ii) above, State Forests shall deduct Union fortnightly membership
fees from the pay of any employee who is a member of the Union in accordance
with the Union’s rules, provided that the employee has authorised State Forests
to make such deductions.
(iv) Monies so
deducted from employee’s pay shall be forwarded regularly to the Union together
with all necessary information to enable the Union to reconcile and credit
subscriptions to employees’ Union membership accounts.
(v) Unless other
arrangements are agreed to by State Forests and the Union, all Union membership
fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of Union membership fees for
their pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
Schedule 1
Allowances
|
Workshops:
|
|
Tool Allowance
|
Tradespersons
|
$21.50 pw
|
|
Confined spaces
|
|
57¢ ph
|
|
Height money
|
|
46¢ ph
|
|
Tower allowance
|
|
|
Above 15 metres
|
|
46¢ ph
|
|
|
Above each additional 15 metres
|
|
46¢ ph
|
|
Spray Painting Application
|
|
48¢ ph
|
|
Applying obnoxious substances
|
|
55¢ ph
|
|
First-aid
|
|
$9.68 per week
|
|
Field Workers:
|
|
|
|
Working in sludge
|
|
80¢ ph
|
|
Mileage
|
3 -10 kms
|
$ 4.00
|
|
|
10 -20 kms
|
$10.90
|
|
|
20 -30 kms
|
$14.00
|
|
|
30 - 40 kms
|
$20.00
|
|
|
40 +kms
|
$22.50
|
|
Accredited Assessor Allowance
|
|
$6.00 per hour
|
|
First-aid
|
|
$9.68 per week
|
Administrative Arrangements
The following conditions (reference Crown Employees 1997
Conditions Award) will now be covered by administrative arrangements (see
Appendices):
Contractors Protocol
Overnight Accommodation When Away From Home on
Work-Related Business
Finish of Pay Period and Pay Day
Transfer of Staff - Field Workers
Tea Break and Facilities
Camping Expenses
Schedule 2
Statement of Responsibility Levels and Promotional Criteria
For an employee to be graded to a higher position than the
generic level, the position description must be evaluated by the Classification
Committee.
State Forests will make available to the workforce
appropriate training to facilitate advancement through the classification
structure.
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Levels 1 & 2
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Responsibility
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An employee at Level 1 or 2 will:
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generally work under direct supervision
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be responsible for identifying and solving minor problems
which
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occur in the workplace
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be required to work to predetermined standards and
outcomes
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be responsible for keeping their own work area safe and
clean
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show awareness for the relevant Forest Practices Codes
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Promotional Criteria
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Level 1
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Six (6) months induction process (within 7 days) and
Induction Program.
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promotion to Level 2 on satisfactory completion and
satisfactory
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attendance and performance history.
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Level 2
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Eighteen (18) months Employee Development Program
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Promotion to Level 3.1 within 18 months on satisfactory
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completion and satisfactory attendance and performance
history.
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Level 3
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Responsibility
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An employee at this level will operate under general
direction for the
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whole job.
Individual tasks will be completed according to clear, set
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procedures and standards.
An employee will be responsible for the
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quality of work within these limits.
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The employee will also be responsible for identifying and
solving
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problems which occur in the work process the Level 3
worker is directly
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responsible for, and for identifying and reporting
problems outside own
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work process.
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3.2 Co-ordinator
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responsible for provision of the co-ordination of work
performed
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by a small group and on-the-job training (non-accredited)
for that small
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group;
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knowledge and understanding of relevant Forest Practices
Codes.
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Promotional Criteria
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An employee remains at Level 3.1 until capable of
effectively
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performing through assessment or appropriate certification
the tasks
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required of the next level so as to enable progress as a
position
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becomes available.
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The promotion by merit principle will apply in all cases.
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Level 4
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Responsibility
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An employee at this level will operate under general
direction for the
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whole job. In
completing individual tasks an employee will work to set
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standards. An
employee will be responsible for the quality of work in
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own area.
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The employee will also be responsible for identifying and
solving
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problems which occur in the work process the Level 4
worker is directly
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responsible for, and by themselves or with others,
identifying, reporting
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or solving problems outside their work area.
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The employee is responsible for application of relevant
Forest Practices
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Codes and Regulatory requirements.
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Level 5
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Responsibility
|
An employee at this level has greater responsibility than
at Level 4 in
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that the employee may be responsible for the work of
others through the
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monitoring role.
The employee will be responsible for work outcomes
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regarding quantity and quality in own area, including own
work and the
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work of others.
The employee may be required to train small groups on-
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the-job (non-accredited) and/or assess competency of
workers in the
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tasks they perform.
They will be responsible for OH&S of those under
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his control. An
employee at this level will be required to exercise
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judgement in the planning and carrying out of work.
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An employee at this level is required to ensure
application of relevant
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Forest Practices Codes and Regulatory requirements.
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The employee will also be responsible, with others, for
identifying and
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solving problems in their work areas, if supervising
others for initiating,
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co-ordinating and monitoring problem-solving in own work
area, for
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identifying and reporting problems in other work areas
where they affect
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activity in own work area.
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Promotional Criteria
|
Level 5.1 is the Supervisor Entry Level and Probationary
Period,
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however, initial appointment can be made at a higher level
depending on
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competencies and relevant experience.
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Within 12 months, training will be provided as detailed in
Note18.
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Rangers - may progress to Level 5.2 or 5.3 dependent on
the role of their
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position after 12 months experience at 5.1 and being
accredited in the
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training subjects, and displaying satisfactory attendance
and performance
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history.
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Works - will progress to Level 5.2 dependent on
satisfactory completion
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of training and satisfactory attendance and performance
history and 12
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months experience at 5.1.
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Progress to 5.3 is dependent upon satisfactory attendance
and
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performance history and 12 months experience at 5.2.
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Harvesting - Plantations
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as for "Works".
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Harvesting - Native Forests
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Progress to levels as determined by position evaluation,
after 12 months
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experience at 5.1, satisfactory completion of training and
satisfactory
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attendance and performance history.
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Promotional Criteria
|
An employee remains at this level until capable of
effectively performing
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through assessment or appropriate certification the tasks
required of the
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next level so as to enable progress as a position becomes
available.
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Promotion to levels above 5 on merit principle in all
cases.
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Level 6
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Responsibility
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Will be as determined by position description.
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Promotional Criteria
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Promotion within Level 6 on merit principle in all cases.
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An employee at level 6 may be graded to a higher position
within this
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classification than their generic level as indicated in
Schedule 3 by
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evaluation of their position description.
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Schedule 5
Apprentices
Workshops and Nurseries
Wage Rates - as a percentage of Fieldworker Grade 4.3.
|
1st Year
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42%
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2nd Year
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55%
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3rd Year
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75%
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4th Year
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88%
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Apprentice Training
When required to attend block release at a location where it
is not practical to return home daily, the cost of public transport,
accommodation, meal and incidental expenses will be reimbursed.
Travel to and from block release or single day attendance,
outside normal working hours, will be reimbursed at single time rates.
For single day attendance where fares are in excess of those
incurred in travelling to and from their normal place of work, apprentices will
be reimbursed fares based on public transport rates.
Schedule 6
Classifications Research & Development
|
Level
|
Job Title &
Competencies Required
|
Responsibility
|
Notes
|
|
Compulsory
|
Job Specific
|
|
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|
3.1 ¹
|
General knowledge
|
Planting
|
3.1 Work closely
|
1.
General entry level for
|
|
3.2
|
of forest mgt
|
Fertilising
|
supervised.
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R&DD duties with one
|
|
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practices.
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Herbicide application
|
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Annual progression based
|
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Safety awareness
|
3.2 Work with
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on satisfactory performance.
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Fire fighting
|
general supervision.
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Basic map
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2.
Ability to read road
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Reading ²
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maps interpret plot layout
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Competence in
|
|
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diagrams
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precision
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measurement.
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Understanding of
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sampling
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procedures.
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Drivers licence.
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4WD operator.
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4.4 ³
|
Advanced map
|
In at least 3 of
|
As per 3.2 plus
|
3.
Entry based on
|
|
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reading/
|
following:
|
Ability to work
|
demonstrated competency
|
|
|
interpretation. 4.
|
Flora and/or Wildlife
|
individually under
|
At 3.2.
|
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Id. and Survey
|
general supervision
|
|
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Establish, measure
|
Techniques Tree
|
and ability to
|
4.
Detailed understanding
|
|
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and monitor field
|
and Growth Plot
|
supervise others in
|
of topographic maps, able
|
|
|
experiments.
|
M'ment Growth
|
the operation of
|
To precisely locate
|
|
|
|
plot est'ment &
|
research equipment
|
boundaries and draw
|
|
|
Basic problem
|
maint. Methods of
|
and in research
|
detailed locality and plot
|
|
|
solving/assessment
|
application of trial
|
activities
|
layout maps.
|
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|
|
|
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|
|
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Basic computer
|
treatments as
|
|
5.
Biological, water, soils
|
|
|
skills. Research
|
required. Ability
|
|
or site information.
|
|
|
equipment usage/
|
to operate research
|
|
|
|
|
maintenance.
|
equipment such as
|
|
6.
Chainsaw certificate,
|
|
|
|
clinometer, compass,
|
|
data loggers, dendrometer,
|
|
|
Ability to plan the
|
height stick, bark
|
|
meteorological stations,
|
|
|
methods and the
|
gauge. MARVL
|
|
GPS etc)
|
|
|
order in which tasks
|
inventory Adv.
|
|
|
|
|
are to be completed
|
skill in physical or
|
|
|
|
|
|
data. Sampling
&
|
|
|
|
|
|
storage procedures. 5
|
|
|
|
|
|
Operate & maintain
|
|
|
|
|
|
relevant equipment 6
|
|
|
|
|
|
|
|
|
|
5.3 7
|
Understanding of
|
Competency in at a
|
as per 4.4 plus
|
7.
One level with entry
|
|
|
research
|
least 6 of the
|
Work unsupervised,
|
based on demonstrated
|
|
|
approach &
|
following: Data mgt/
|
supervise other staff
|
competency at Lvl 4.4.
|
|
|
application of
|
quality control
|
and minor
|
|
|
|
scientific method.
|
Ability to check &
|
contractors.
|
8.
Accurate, timely and
|
|
|
|
|
|
reliable reports on
|
|
|
Advanced
|
process initial data.
|
|
research trials including
|
|
|
problem-solving
|
Techniques which
|
|
recommendations for
|
|
|
skills (ability to
|
ensure a quality
|
|
future trials concerning
|
|
|
assist in the
|
outcome of the job
|
|
research trials including
|
|
|
design of research
|
undertaken. Basic
|
|
recommendations for
|
|
|
trials and plan for
|
knowledge of
|
|
future trials.
|
|
|
contingencies).
|
sources of error and
|
|
|
|
|
|
bias. Strong reporting
|
|
9. Awareness and
|
|
|
Decision making
|
ability 8. Advanced
|
|
understanding of botanical/
|
|
|
ability.
|
flora/ fauna
|
|
fauna referencing and
|
|
|
Data entry ability,
|
Identification 9
|
|
procedures involved in
|
|
|
produce data
|
Ability to conduct
|
|
collecting and lodging,
|
|
|
summaries, report
|
specialised surveys
|
|
voucher material (tissue
|
|
|
writing ability.
|
10.
|
|
specimen, spoor etc.)
|
|
|
|
Capacity to supervise
|
|
|
|
|
Financial
|
several research
|
|
10. surveys conducted that
|
|
|
management
|
gangs and be
|
|
incorporate an
|
|
|
skills.
|
responsible for large
|
|
understanding of customer
|
|
|
|
data sets captured in
|
|
specification and the
|
|
|
Strong
|
the field.
Operate,
|
|
planning and
|
|
|
interpersonal and
|
monitor and service
|
|
implementation of these
|
|
|
communication
|
a wide variety of
|
|
surveys.
|
|
|
skills.
|
plant and.
|
|
|
|
|
|
equipment 11.
|
|
11. Data loggers,
|
|
|
|
Relevant Trades
|
|
dendrometers, anabat etc.
|
|
|
|
Certificate as
|
|
|
|
|
|
required.
|
|
|
|
6.4
|
A well developed
|
At least three of the
|
As per 5.3 plus
|
12.. Entry based on
|
|
12
|
knowledge of the
|
following:
|
Responsible for a
|
demonstrated competency
|
|
|
particular scientific
|
|
high degree of
|
at Lvl 5.3
|
|
|
discipline in which
|
Highly effective
|
efficiency, precision
|
|
|
|
the position
|
interpersonal and
|
and accuracy in all
|
13. Generally gained
|
|
|
functions 13.
|
Communication
|
Work performed.
|
Through extensive
|
|
|
|
Skills.
|
|
experience working in
|
|
|
|
|
|
that discipline/area.
|
|
|
Highly developed
|
Establish and
|
|
|
|
|
problem solving
|
maintain contacts
|
|
|
|
|
Skills 14.
|
with foresters,
|
|
|
|
|
|
managers or
|
|
|
|
|
Highly developed
|
relevant external
|
|
14.
Ability to overview
|
|
|
ability to plan and
|
agencies/clients.
|
|
experiments, machinery
|
|
|
supervise work 15
|
|
|
or operating systems to
|
|
|
.
|
Advanced computer
|
|
diagnose any faults and
|
|
|
|
skills in Word and
|
|
remedy faults.
|
|
|
|
Excel.
|
|
|
|
|
|
|
|
|
|
|
|
Understanding
|
|
|
|
|
|
of GIS operation.
|
|
|
|
|
|
|
|
|
|
|
|
Advanced keyboard
|
|
15. Requires well-
|
|
|
|
and electronic data
|
|
developed logistical skills
|
|
|
|
capture 16.
|
|
to enable efficient use of
|
|
|
|
|
|
|
|
|
|
Advanced technical
|
|
employees, materials and
|
|
|
|
report writing 17.
|
|
time. Requires an ability
|
|
|
|
|
|
to adopt contingency
|
|
|
|
Soil assessment and
|
|
planning.
|
|
|
|
characterisation and
|
|
|
|
|
|
reporting to
|
|
16.
Supervision of
|
|
|
|
regulator 18.
|
|
research data entry,
|
|
|
|
|
|
analysis and manipulation
|
|
|
|
.
|
|
of such data.
|
|
|
|
|
|
|
|
|
|
|
|
17.
such as reports that
|
|
|
|
|
|
may require specialist
|
|
|
|
|
|
representation in court or
|
|
|
|
|
|
reports to a Regulatory
|
|
|
|
|
|
agency as the basis for
|
|
|
|
|
|
compliance to a licence.
|
|
|
|
|
|
|
|
|
|
|
|
18.
such as Regolith soils
|
|
|
|
|
|
work for EPA licence.
|
Appendices
Family and Community Service Leave
Sources of Authority
Public Sector Management (General) Regulation 1996,
Part 6, Division 5;
Crown Employees (Public Service Conditions of
Employment) Award 2002, Clause 75, Family and Community Service Leave.
General
A department head must grant an employee some or all of the
available family and community service leave on full pay to accommodate
emergencies or personal or domestic circumstances requiring leave. Part-time employees are entitled to family
and community service leave on the same basis as full-time employees but the
leave will be paid for pro rata.
Appropriate situations may include but are not limited to
the following:
Compassionate grounds such as the death or illness of a
close member of the family or a member of the employee's family group living in
the same domestic dwelling.
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.
Emergency or weather conditions such as when flood,
fire, snow, earthquake and so on threatens lives or property or prevents an
employee from reporting for duty.
Other personal circumstances such as citizenship
ceremonies, parent-teacher interviews or attending the child's school for other
reasons.
Attendance at court by an employee to answer a charge
for a criminal offence, if the department head considers the granting of family
and community service leave to be appropriate in a particular case.
Employees who are prevented from attending work at a
normal work location due to a major transport disruption.
Employees who are selected to represent Australia or
the State as competitors in major amateur sport (other than Olympic or
Commonwealth Games).
Employees who hold office in local government other
than as a Mayor or President of a council, or chair of a county council, in
order to attend meetings, conferences or other duties associated with that
office, if those duties necessitate absence during normal working hours.
Family and community service leave is not available to
casual employees.
Definitions
A reference to family and community service leave granted to
an employee in this section includes a reference to short leave granted to an
employee under the Public Sector Management (General) Regulation 1988 as in
force before its repeal.
"Family" or "relative" used here means:
a spouse of the employee; or
a de facto spouse, being a person of the opposite sex
to the employee who lives with the employee as her husband or his wife on a
bona fide domestic basis although not legally married to that employee; or
a child or an adult son or daughter (including an
adopted child, a stepchild, a foster child or an ex-nuptial child), parent
(including a foster parent and legal guardian), grandparent, grandchild or
sibling of the employee or of the spouse or of the de facto spouse of the
employee; or
a same sex partner who lives with the employee as the
de facto partner of that employee on a bona fide domestic basis; or a relative
of the employee who is a member of the same family group living in the same
domestic dwelling.
In this definition:
"relative" means a person related by blood,
marriage, affinity or Aboriginal kinship;
"affinity" means the relationship that one
spouse or partner has to the relatives of the other spouse or partner.
Entitlement
Paid Leave
Employees Working a 5-Day Week
The maximum amount of family and community service leave on
full pay which may be granted is whichever is the greater of:
2½ working days during the first year of service and 5
working days in any period of 2 years after the first year of service; or
1 working day for each year of service after 2 years of
continuous service
less any period of short leave or family and community
service leave already taken.
Employees Working a 6-Day Week
The maximum amount of family and community service leave on
full pay which may be granted is:
3 working days during the first year of service and 6
working days in any period of 2 years after the first year of service; or
1 working day for each year of service after 2 years of
continuous service
less any period of short leave or family and community service
leave already taken.
Employees Working a 7-Day Week
The maximum amount of family and community service leave on
full pay which may be granted is:
3½ working days during the first 12 months of service
and 7 working days in any period of 2 years after the first year of service; or
1 working day for each year of service after 2 years of
continuous service
less any period of short leave or family and community service
leave already taken.
Additional Leave
If available family and community service leave is exhausted
as a result of natural disasters, the department head must consider
applications for additional family and community service leave, if some other
emergency arises. For example, on the
death of a person defined above additional paid family and community service
leave of up to 2 days may be granted to an employee on a individual and
situational basis.
Other Leave
Department heads may grant employees other forms of leave
such as accrued recreation leave, time off in lieu, flex leave and so on for
family and community service leave purposes.
Illness of Family Member
In cases of illness of a family member for whose care and
support the employee is responsible, the employee may take accrued paid sick
leave when paid family and community service leave has been exhausted. For
further information see Personal/Carer’s Leave.
Ministerial Leave Conditions
Refer to Regional Office or HRD for copy
Where the conditions of the Award are superior to those
existing in the Ministerial Leave Conditions, then the conditions of the Award
shall prevail.
Trade Union Training Leave
The parties agree that leave be granted in accordance with
the Ministerial Leave Conditions as follows:
Leave may be granted up to a maximum of twelve (12) working
days in any period of two (2) years to employees who are members of registered
industrial Unions to attend short training courses or seminars, subject to the
following conditions:
(a) that the
employer’s operating requirements permit the grant of leave and the employee’s
absence does not require the employment of relief staff;
(b) the leave of
absence will be granted at ordinary pay, ie: payment is not to include shift
allowances, penalty rates or overtime;
(c) leave granted
will count as service for all purposes;
(d) expenses
associated with attendance at such courses or seminars; eg: fares,
accommodation and meal expenses will be met by the employee concerned, except
where the duration of the course is one day or more requiring an overnight
stay, State Forests will reimburse the cost of accommodation and meals for one
day only.
Subject to the maximum prescribed above, leave may
include travelling time required during working hours to attend such courses or
seminars.
(e) applications
for leave must be accompanied by a statement from the relevant Union that it
has nominated the employee concerned for such course or seminar or that it
supports their application.
Administrative Arrangements
(A) Contractor’s
Protocol
Where a contractor or sub-contractor is required to
carry out work, State Forests of NSW will:
Ensure that all tenders are properly scrutinised to
ensure that prospective tenderers would, if successful, pay the appropriate
Award rate, provide conditions that comply with the Award and other statutory
provisions, and meet State Forests’ specific standards that include safe
working practices and compliance with the Occupational
Health and Safety Act 1986.
On becoming aware that a contractor or sub-contractor
is in breach of the terms of the contract in relation to wages and conditions,
State Forests will require the contractor to rectify the situation immediately.
Should the breaches continue, State Forests could
implement the penalties under the terms of the contract, which could include
determining the contract if deemed appropriate and necessary.
(B) Overnight
Accommodation When Away from Home on Work- Related Business
Accommodation is to be consistent with the Public
Sector requirement that reasonable accommodation at a reasonable cost will be
provided.
As a guide, accommodation will be, wherever
practicable, one person to a room with en-suite bathroom facilities. Facilities are expected to be clean and in
good order. The standard will be
equivalent to a minimum of the NRMA 3 star definition.
The exception to this guide is for emergency
circumstances such as fire fighting.
Management must make all possible endeavours to achieve the guideline
however, it must be understood that such accommodation at short notice will
often be impossible.
Similarly, in some major fire occurrences, all
employees must realise that accommodation will be organised by other agencies
and may not be to our normal standard.
(C) Finish of Pay
Period and Pay Day
The Award states that "the pay period for ordinary
pay shall be the current fortnight. Adjustments for overtime, penalties and
allowances will be paid either currently or a fortnight in arrears" (see
clause 14.1 Pay Period).
The flexibility provided in this clause allows
management to cover most situations to ensure field workers are paid on the
Thursday following the end of the period on Sunday.
This flexibility allows management the option of
delaying payment by a fortnight of all overtime earned over the last weekend of
the pay period, particularly in the instance of ongoing fire fighting
activities.
(D) Transfer of
Staff - Field Workers
Reorganisation within State Forests along with a shift
in work areas necessitated through land management transfer to other agencies
such as NPWS will require temporary transfer of employees from time to time.
The underlying principle in such cases will be to give
full consideration to individual circumstances and preferences, with
identification of volunteers through mutual agreement preferred to supervisor
selection of employees to work away from home.
Management will ensure maximum notice is given for a temporary transfer
with a minimum of: -
Seven (7) calendar days notice for up to two (2) weeks
transfer
Ten (10) calendar days notice for two (2) to four (4)
weeks transfer, and
Fifteen (15) calendar days notice for over four (4)
weeks transfer
Return to home will be provided, if required, each weekend
while on transfer.
Workshops excepted, where current arrangements continue.
(E) Tea Break and
Facilities
(i) A tea break
during the morning period of not more than twenty minutes duration shall be
allowed to each individual employee, at a time to be arranged by State Forests,
without deduction from their wages.
(ii) Provided that
State Forests may grant a tea break of not more than ten minutes duration
during both the morning and afternoon periods of the working day, under the
same conditions as above. Where an
afternoon tea break is taken State Forests may direct that it be taken
immediately prior to ceasing time. The
taking of the morning tea break shall not necessarily involve a complete
stoppage of work.
(iii) State Forests
shall provide employees with an adequate supply of cool and wholesome drinking
water.
(iv) Employees will
be issued with a good quality thermos flask and will provide their own tea and
coffee. Lighting fires to burn all day
for warmth and cooking is acceptable practice.
This does not prevent the boiling of a billy within the two ten-minute
or a single twenty-minute break taken each day.
(F) Camping
Expenses
Employees required to camp out shall be reimbursed for
expenses associated with food, other incidental items and the general hardships
of camping, as follows:
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(a) When camping at an established camp where facilities
such as cubicles, a wash
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house and a kitchen area are already set up.
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$22.40
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(b) When camping at a non-established camp (which will
include caravans), or.
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where facilities must be set up by the employee
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$29.60
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(c) To cover the cost of hiring additional equipment which
State Forests is
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unable to supply.
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$22.10
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(d) When the employee supplies their own sheets, blankets or
sleeping bag.
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$3.70
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(e) When employees camp for more than 40 days.
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$7.10
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Please note the above allowances are paid as a daily
allowance per each overnight stay.
The incidental allowance as per subclause 14.2 is paid
for overnight camping stays as compensation for incidentals incurred (per night
away).
Policy on Harassment
This policy is aimed at preventing harassment in the
workplace.
Harassment is not only unacceptable behaviour from any State
Forests employee - it is unlawful under the Anti-Discrimination act of 1977,
which also makes it unlawful to vilify a person on the grounds of that person’s
age, gender, race, sexual preference, AIDS/HIV status or marital status.
What is harassment?
Harassment is any form of behaviour which is not wanted, not
sought and/or not returned and which:
humiliates, offends or intimidates someone, and
happens because of the victim’s race, gender, sex,
pregnancy, marital status, disability, sexual preference or age.
It can occur at two levels - among peers or co-workers or
from a supervisory level, where someone uses the power associated with their
position to engage in unacceptable behaviour.
It does not have to be a series of incidents, or even an
ongoing pattern of behaviour.
Just one act can constitute harassment.
Harassment can take many forms. It is an action that stereotypes an individual or group and is
offensive behaviour based on that stereotyping. Depending on the circumstances any of the following can
constitute harassment:
verbal comments
the display or circulation of material
offensive gestures
isolation of a person or group
jokes
Managers/Supervisors Responsibility
Managers and supervisors have a responsibility to ensure
that proper standards of conduct are maintained at all times in the workplace
and to make it clear that harassment, in any form, is unacceptable and will not
be tolerated in State Forests.
Harassment is a form of employee misconduct, which
undermines the integrity of State Forests.
Managers/Supervisors must take immediate corrective action, when they
become aware of an incident of harassment.
Failure to respond can itself be treated as improper conduct. They must ensure that the alleged harassment
is thoroughly and confidentially investigated and positive action taken. Prompt, informal resolution is the primary
aim.
Employee Responsibilities
Harassment is unacceptable practice in State Forests of NSW and
will not be tolerated. Any employee
found guilty of harassment will be subject to formal discipline in line with
State Forests’ published disciplinary procedures. Employees are to ensure they avoid committing harassment, offer
support to anyone affected by harassment and report any harassment they observe
to their Manager/Supervisor.
All employees are to ensure that this policy is carried out,
and are strongly encouraged to contribute to the achievement of a harmonious
and equitable work environment by monitoring and avoiding practices which lead
to or support harassment.
Alcohol and Other Drugs Policy
Rationale
State Forests endeavours to ensure that an employee’s use of
either alcohol or drugs does not impair the safe and efficient running of the
organisation, the health of all employees or the damage of either equipment or
property.
However, State Forests recognises that alcohol and drug
dependencies are illnesses and will provide support to any employee who
honestly endeavours to overcome such illnesses.
Supervisor’s Responsibilities
Supervisor’s and managers are responsible for ensuring that
instances of proven drug or alcohol misuse at work are dealt with. Any
investigation must be handled in both a sympathetic and confidential manner.
However, ultimately, supervisors and managers are
responsible for ensuring that either the employee concerned or other employees
are not put to a safety or health risk at work because of alcohol or drug
abuse.
How Do You Establish That A Problem Exists?
It is important to be aware that the misuse of drugs or
alcohol by employees may come to light in various ways. The following characteristics, especially
when arising in combinations, may indicate the presence of an alcohol or
drug-related problem. However it is important to note that these
characteristics can occur for other reasons.
For example, some individuals can experience temporary physical
reactions to legally prescribed medications.
Employees should liaise with their supervisors in these circumstances:
Absenteeism - regular instances of unauthorised leave
Frequent unplanned Friday and/or Monday absences
Regular lateness, especially when returning from lunch
Strange and increasingly suspicious reasons for
absences
Accident Levels - high level of minor accidents at
work, or home
Work Performance - difficulty in concentration
Problems with remembering instructions
Problems with remembering own mistakes
Individual tasks take more time than usual
Mood Swings - irritability
Depression
Confusion
How Do You Treat the Problem?
In some instances employees themselves may seek help and
advice from their supervisor or manager.
Where the employee acknowledges that they have a drug or
alcohol dependency that is affecting their performance at work they should be
given help and support on the understanding that:
Whilst they are undergoing treatment they will be granted
available accrued sick leave and will be entitled to the usual sick pay
benefits.
Every effort should be made to ensure that on completion of
any recovery/treatment program employees are able to return to the same or
equivalent work.
Personal/Carer's Leave
Sources of Authority
Premier's Department Circular 97-6 - Family &
Community Service Leave, Personal/Carer's Leave and Flexible Use of Other Leave
Entitlements
Crown Employees (Public Sector Conditions of Employment
1997) Award, clause 14 (x), Leave - Sick Leave to Care for a Family Member.
Policy Statement - Management of Personal/Carers Leave
General
Personal/carer's leave is leave which may be granted to
employees to provide care and support for a family member as described below,
who is sick.
Under the personal/carer's leave provisions, paid sick leave
and time off in lieu of payment for overtime are specifically for the purpose
of caring for the sick family member.
Access to recreation leave and make-up time are facilitative provisions
which enable employees to combine paid employment with other
responsibilities. In addition
personal/carers leave may be taken as leave without pay.
Like sick leave, personal/carer's leave should be managed in
a fair and equitable way and mechanisms put in place to monitor sick leave
taken as personal/carer's leave.
It is important that departments ensure that separate
records are maintained for sick leave taken by the employee for their own
illness and for a sick family member.
Personal/carer's leave is not available to casual employees.
Family and Community Service Leave
Meaning of Family
The entitlement of an employee to use sick leave to care for
a family member is subject to the employee being responsible for the care and
support of the person concerned, and the person being:
a spouse of the employee; or
a de facto spouse, being a person of the opposite sex
to the employee who lives with the employee as her husband or his wife on a
bona fide domestic basis although not legally married to that employee; or
a child or an adult son or daughter (including an
adopted child, a stepchild, a foster child or an ex-nuptial child), parent (including
a foster parent and legal guardian), a grandparent, grandchild or sibling of
the employee or of spouse or of the de facto spouse of the employee; or
a same sex partner who lives with the employee as the
de facto partner of that employee on a bona fide domestic basis, or
a person related by blood, marriage, affinity or
Aboriginal kinship structures and living in the same domestic dwelling. In this
context, Affinity means the relationship that one spouse or partner has to the
relatives of the other.
Entitlement
Sick Leave
When family and community service leave has been exhausted,
sick leave may be accessed to care for a family member.
The entitlement to use sick leave is subject to the employee
being responsible for the care and support of the family member.
The Grant
An employee who is responsible for the care and support of a
family member who needs their care and support may be granted sick leave
available from their current year's annual sick leave entitlement, minus any
sick leave already taken.
In addition to the current year's grant of available sick
leave, sick leave that accrued from service in the previous 3 years may also be
accessed.
In special circumstances the department head may grant sick
leave that accrued during service in the period prior to the 3 years referred
to above. Department heads are reminded that special circumstances do not
include a staff member's intention to take all or most of their accrued sick
leave in order to provide full time care to a sick family member for a
prolonged period or for an indefinite period of time.
Proof of Illness
The department head may require documentary confirmation of
the illness of the family member and the need for care by another person. This
could take the form of a medical certificate or a statutory declaration.
The employee has the right to choose the method by which the
ground for leave is established, that is, by production of either a medical
certificate or statutory declaration.
The employee is not required to state the exact nature of
the family member's illness on either a medical certificate or statutory
declaration.
In normal circumstances, the employee must not take sick
leave to care for a family member when another person has taken leave for the
same purpose.
State Forests of NSW
Equity Policy
State Forests of New South Wales values equity and is an
Equal Employment Opportunity employer.
It embraces the principle of diversity and seeks to
recognise and benefit from the ideas and different ways of working and decision-making
which are afforded by a diverse workforce. The organisation believes that the
principles of equity and EEO must be ingrained in the development and
implementation of all policies and practices.
General Managers, Managers and Supervisors, in exercising
discretionary powers, must ensure that only relevant facts and the merits of
each particular case are considered. The rules of natural justice provide a
right to people significantly affected by a decision to put forward their case
and for the decision to be made impartially.
Through its policies and practices State Forests will
implement the following principles:
fair practices in the workplace
management decisions without bias
recognition and respect for social/cultural backgrounds
of staff and clients
recruitment and/or promotion of the ‘best’ person
staff training and development linked to both employee
and client needs
a workplace free of harassment and discrimination
fair implementation of benefits and conditions of
employment
access to flexible work practices
access to a grievance resolution process
State Forests’ EEO strategies aim to redress past
disadvantage by improving employment outcomes for women, Aboriginal and Torres
Strait Islander people, people from minority racial, ethnic or ethno-religious
groups and people with disabilities. These aims will be formally published in
3-year EEO Management Plans and will include nomination of direct
accountabilities.
Responsibilities
All State Forests’ people must:-
respect cultural and social diversity among colleagues
and clients
recognise the skills and talents of other colleagues
ensure staff selection and promotion on merit
provide career paths in structures
ensure fair access for all staff to appropriate
benefits and conditions
commit to and actively promote a harassment and
discrimination-free workplace
ensure access to grievance resolution processes
provide adequate information to assist staff in
carrying out their duties
be fair in implementing initiatives such as higher
duties opportunities
work to full capacity
promote and use flexible work arrangements where
practical.
M. SCHMIDT J.
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Printed by
the authority of the Industrial Registrar.