Local Government (State) Award 2020
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South Wales Local Government, Clerical, Administrative, Energy,
Airlines & Utilities Union,
Industrial Organisation of Employees.
(Case No. 223820 & 300284 of 2021)
Before Chief Commissioner Constant
|
26 August 2021
|
AWARD REPRINT
This
reprint of the abovementioned award is published by the authority of the
Industrial Registrar under section 390 of the Industrial Relations Act
1996, and under Rule 6.6 of the Industrial Relations Commission Rules
2009.
I
certify that the form of this reprint, incorporating the variations set out in
the schedule, is correct as at the latest date of effect therein mentioned.
I. HOSKINSON Acting
Industrial Registrar.
Schedule of Award and Variations
Incorporated
Award/Variation
|
Date of
|
Date of Taking Effect
|
Industrial Gazette
|
Serial No.
|
Publication
|
|
Vol.
|
Page
|
C9152
|
03/07/2020
|
1 July 2020
|
388
|
1038
|
C9159
|
23/10/2020
|
2 September 2020
|
389
|
1
|
C9165
|
19/02/2021
|
16 November 2020
|
389
|
227
|
C9218
|
19/02/2021
|
19 February 2021
|
389
|
229
|
C9336
|
19/11/2021
|
26 August 2021
|
390
|
1318
|
C9337
|
19/11/2021
|
26 October 2021
|
390
|
1320
|
AWARD
PART A
1. Arrangement
Clause No. Subject
Matter
16. Allowances, Additional Payments and
Expenses
13. Annualised
Salaries
3. Anti-discrimination
34. Appointment and Promotion
46. Area, Incidence and Duration
1. Arrangement
27. Casual Employment
33. Consultative Committees
43. Council Agreements
4. Definitions
37. Disciplinary Procedures
23. Flexibility for Work and Family
Responsibilities
36. Grievance and Dispute Procedures
25. Health and Wellbeing
21. Holidays
19. Hours of Work
28. Job Share Employment
31. Junior and Trainee Employment
29. Labour Hire
22. Leave Provisions
45. Leave Reserved
17. Motor Vehicle Arrangements
30. Multiple Employment
20. Overtime
26. Part-time Employment
11. Payment for Relief Duties/Work
12. Payment of Employees
10. Performance Evaluation and Reward
24. Phased Retirement
6. Rates of Pay
18. Residence
9. Resourcing and Directing Employees
14. Salary Sacrifice
7. Salary System
44. Savings and Transitional
5. Skill Descriptors
2. Statement of Intent
15. Superannuation and Related Arrangements
35. Term Contracts
40. Termination of Employment
42. Termination of Employment due to
Redeployment and Redundancy
32. Training and Development
8. Use of Skills
38. Work Health and Safety
39. Workplace Bullying
41. Workplace Change
PART B
MONETARY RATES
Table 1 - Rates
of Pay
Table 2 -
Allowances
Schedule 1 -
Minimum Standards of Caravan Accommodation to be provided to Employees Required
to Camp Out.
2. Statement of Intent
The parties to the
Award are committed to co-operating positively to increase the productivity,
structural efficiency and financial sustainability of Local Government and to
provide employees with access to more fulfilling, varied and better-paid work
by providing measures to, for instance:
improve skill
levels and establish skill-related career paths;
eliminate impediments
to multi-skilling;
broaden the
range of tasks which a worker may be required to perform;
achieve greater
flexibility in workplace practices;
eliminate discrimination;
establish rates
of pay and conditions that are fair and equitable;
work reasonable
hours;
promote job security;
ensure and
facilitate flexibility for work and family responsibilities;
ensure the
delivery of quality services to the community and continuous improvement;
encourage innovation;
promote
cooperative and open change management processes; and
promote the health and safety of workers and
other people in the workplace.
3. 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 (NSW) 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 (NSW), 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 (NSW);
(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 the 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 (NSW) provides:
"Nothing
in the Act affects ... any other act or practice of a body established to
propagate religion that conforms to the doctrines of that religion or is
necessary to avoid injury to the religious susceptibilities of the adherents of
that religion."
4. Definitions
Unless otherwise
provided in the Award:
(i) Association means Local Government NSW
(LGNSW), which is also known as the Local Government and Shires Association of
New South Wales.
(ii) Council means a Municipal, City, Shire,
County Council or Council within NSW as defined in the Local Government Act 1993 (NSW). This definition shall be read
subject to the allocation of responsibilities as specified in the Local Government Act 1993 (NSW).
(iii) Competency based training refers to
training concerned with the attainment and demonstration of specified skills, knowledge and their application to meet industry standards.
(iv) Complying superannuation fund has the same
meaning as in the Superannuation Industry
(Supervision) Act 1993 (Cth).
(v) Days - unless otherwise specified, any
reference to 'days' shall mean calendar days.
(vi) Employer means all employers in local
government or in the local government industry within NSW that are covered by
clause 46, Area, Incidence and Duration of this Award.
(vii) General Manager shall mean a person
appointed in accordance with section 334 of the Local Government Act 1993 (NSW) to discharge the duties and
responsibilities of the office of general manager as set out in section 335 of
the Local Government Act 1993 (NSW)
and such other duties that a council may delegate to the general manager. When
carrying out these duties, the general manager is acting on behalf of the
council.
(viii) Ordinary Pay means remuneration for the
employee's normal weekly number of hours of work calculated at the ordinary
time rate of pay. Ordinary pay shall include, but not be limited to the
following penalties and allowances where they are regularly received:
Saturday, Sunday and shift penalties
hours of work
flexibility agreements allowances
adverse working
conditions allowances
climatic, west
of the line allowances
civil liability
allowance
tool allowances
on call
allowance
first aid
allowance
community
language and signing work allowances
provided that subject
to the exclusions below and at subclauses 11(ii), 22D(xi) and 22E(iii)(c), an
employee’s ordinary pay during periods of paid leave under this Award shall not
be more or less than what the employee would have received had the employee not
been on paid leave.
The following allowances shall be excluded
from the composition of ordinary pay:
overtime
payments
camping
allowance
travelling
allowances
sewer chokes
allowance
vehicle
allowances
meal
allowances.
(ix) Rostered Day Off means, a non-working day
for full-time employees pursuant to an arrangement of ordinary hours under
subclause 19A, where the employee:
(a) within two weeks, is granted four days
off and one additional day off (the "rostered day off"); or
(b) within three weeks, is granted six days
off and one additional day off (the "rostered day off"); or
(c) within four weeks, is granted eight days
off and one additional day off (the "rostered day off").
(x) Seven day a week rotating roster system
means a work roster system in which the employee is regularly required to work:
(a) ordinary hours on each of the seven
calendar days of the week; and
(b) ordinary hours on at least one Saturday
and one Sunday in every four, or in the case of a seasonal worker an average of
at least twelve Saturdays and twelve Sundays during a twelve-month period; and
(c) on Public Holidays; and
(d) at different agreed commencement times
during the roster period (i.e. different shifts)
provided that
where, prior to the commencement of this Award, an employee regularly worked
according to a roster system that the employer regarded as a seven day a week
rotating roster system, and the employee continues to work according to the
same roster system, the roster system shall be deemed to be a seven day a week
rotating roster system for that employee.
(xi) Superannuation contributions means all
contributions to a complying superannuation fund, and
includes (without limitation) any superannuation contributions required to be
made under the Superannuation Guarantee
(Administration) Act 1992 (Cth), and any
additional superannuation contributions made by way of salary sacrifice.
(xii) Union means the New South Wales Local
Government, Clerical Administrative, Energy, Airlines & Utilities Union
(USU); the Local Government Engineers’ Association of New South Wales (LGEA);
the Development and Environmental Professionals’ Association (depa); and the Nurses’ and Midwives Association of New
South Wales.
5. Skill Descriptors
The Award structure
consists of skill-based bands and levels that are defined according to the
following skill descriptors:
(i) Operational Band 1, Level 1
Authority and
accountability: Completion of basic tasks with work closely monitored by the
team leader or supervisor.
Judgement and
problem solving: Judgement is limited and coordinated by other workers.
Specialist
knowledge and skills: Specialist knowledge and skills are obtained through on-the-job
training and employer-based induction training. Off-the-job training may lead
to trade, technical or professional qualifications.
Management skills: Not required.
Interpersonal
skills: Limited to communications with other staff and possibly, with the
public.
Qualifications
and experience: Completion of School Certificate or the Higher School
Certificate may be sought. Completion of an appropriate labour market program
or similar short-term work/skills experience is desirable.
(ii) Operational
Band 1, Level 2
Authority and
accountability: Responsible for completion of basic tasks with individual
guidance or in a team.
Judgement and
problem solving: Applies standard procedures with normally few if any options
in the application of skills.
Specialist
knowledge and skills: Job specific skills and knowledge would normally be
gained through on-the-job training and experience. Short courses may be
completed at TAFE.
Management skills: Not required.
Interpersonal
skills: Frequent communication with other staff and/or the public common but
normally at a routine level.
Qualifications
and experience: Incumbents may have attended short courses in specific work
areas or be undertaking a technical college certificate as completion of
structured training program in work-related area.
(iii) Operational Band 1, Level 3
Authority and
accountability: Responsible for completion of regularly occurring tasks with
general guidance on a daily basis.
Judgement and
problem solving: Judgement is required to follow predetermined procedures where
a choice between more than two options are present.
Specialist
knowledge and skills: Application of skills, including machine-operation
skills, following training "on the job" or accredited external training
over a number of months.
Management
skills: Some guidance/supervision may be required. May assist a
co-ordinator/trainer with on-the-job training.
Interpersonal
skills: Skills required for exchange of information on straightforward matters.
Qualifications
and experience: Suitable experience or qualifications in a
number of defined skill areas.
(iv) Operational
Band 1, Level 4
Authority and
accountability: Responsible for supervising staff in operational duties or for
work requiring independence in the application of skills, subject to routine
supervision. Responsible for quality of work function.
Judgement and
problem solving: Option on how to approach tasks requires interpretation of
problems and may involve precise judgement in operational areas.
Specialist
knowledge and skills: The number of work areas in which the position operates
makes the work complicated and a variety of skills are required in its
completion. Position may require competence in operation of complex machinery.
Management
skills: Supervisory skills in the communication of instructions, training and
the checking of work may be required.
Interpersonal
skills: Skills are required to convince and explain specific points of view or
information to others and to reconcile differences between parties.
Qualifications
and Experience: Experience to adapt procedures to suit situations and a
thorough knowledge of the most complex operational work procedures to achieve
work objectives.
(v) Administrative/Technical/Trades
Band 2, Level 1
Authority and
accountability: Responsible for the completion of work requiring the
application of trades, administrative or technical skills.
Judgement and
problem solving: Skills in assessing situations and in determining processes, tools and solutions to problems. Guidance is available.
Specialist
knowledge and skills: Positions will have demonstrated competence in a number of key skill areas related to major elements of the
job.
Management skills:
Positions may require skills in the supervision or co-ordination of small
groups.
Interpersonal
skills: Communication skills to explain situations or advise others.
Qualifications
and experience: Appropriate work-related trade, technical or administrative
qualifications or specialist skills training.
(vi) Administrative/Technical/Trades
Band 2, Level 2
Authority and
accountability: Responsibility as a trainer/co-ordinator for the operation of a
small section which uses staff and other resources, or the position completes
tasks requiring specialised technical/administrative skills.
Judgement and
problem solving: Skills to solve problems which require assessment of options
with freedom within procedural limits in changing the way work is done or in
the delegation of work. Assistance may be readily available from others in
solving problems.
Specialist
knowledge and skills: Positions will have specialised knowledge in a number of advanced skill areas relating to the more
complex elements of the job.
Management
skills: May require skills in supervising a team of staff, to motivate and
monitor performance against work outcomes.
Interpersonal
skills: In addition to interpersonal skills in managing others, the position
may involve explaining issues/policy to the public or others and reconcile
different points of view.
Qualifications
and experience: Thorough working knowledge and experience of all work
procedures for the application of technical/trades or administrative skills,
based upon suitable certificate or post-certificate-level qualifications.
(vii) Administrative/Technical/Trades
Band 2, Level 3
Authority and
accountability: May be responsible to provide a specialised/technical service
and to complete work which has some elements of complexity. Make
recommendations within the employer and represent the employer to the public or
other organisations.
Judgement and
problem solving: Problem solving and judgements are
made where there is a lack of definition requiring analysis of a number of
options. Typical judgements may require variation of work priorities and
approaches.
Specialist
knowledge and skills: Positions have advanced knowledge and skills in a number of areas where analysis of complex options is
involved.
Management
skills: May supervise groups of operational and/or other
administrative/trades/technical employees. Employees supervised may be in a number of different work areas, requiring motivation,
monitoring and co-ordination to achieve specific outputs.
Interpersonal skills:
Skills to communicate with subordinate staff and the public and/or
negotiation/persuasive skills to resolve disputes with staff or the public.
Qualifications
and experience: An advanced certificate, associate diploma, appropriate
in-house training or equivalent combined with extensive experience in the
application of skills in the most complex areas of the job.
(viii) Professional/Specialist Band 3, Level 1
Authority and
accountability: Provides specialised/technical
services to complete assignments or projects in consultation with other
professional staff. May work with a team of technical or administrative
employees requiring the review and approval of more complex elements of the
work performed by others.
Judgement and
problem solving: Problems require assessment of a range of options having
elements of complexity in reaching decisions and making recommendations.
Precedent is available from sources within the employer, and assistance is
usually available from other professional/specialist staff in the work area.
Specialist
knowledge and skills: Positions require considerable knowledge in a specific
area with a sufficient level of skills and knowledge to resolve issues having
elements of complexity that may not be clearly defined.
Management skills:
Positions at this entry level to the Professional/Specialist Band are not
required to possess management skills.
Interpersonal
skills: Persuasive skills are required to participate in technical discussions
to resolve problems, explain policy and reconcile viewpoints.
Qualifications
and experience: Professional/specialist positions require professional
qualifications to apply theoretical knowledge to practical situations.
(ix) Professional/Specialist
Band 3, Level 2
Authority and
accountability: Provides a specialised/technical
service in the completion of work and/or projects which have elements of
complexity (composed of many parts that may be more conceptual than definite).
Judgement and
problem solving: Positions require the interpretation of information and
development of suitable procedures to achieve agreed outcomes. Problem solving
and decision making require analysis of data to reach decisions and/or
determine progress.
Specialist
knowledge and skills: Experience in the application of technical concepts and
practices requiring additional training are required at this level.
Management
skills: May manage a number of projects involving
people and other resources requiring project control and monitoring as well as
motivation and co-ordination skills.
Interpersonal
skills: Interpersonal skills in leading and motivating staff in different
teams/locations may be required, as well as persuasive skills to resolve
problems or provide specialised advice.
Qualifications and
experience: Positions at this level would have supplemented base level
professional qualifications with additional skills training. Considerable
practical experience or skills training would be required to effectively
control key elements of the job.
(x) Professional/Specialist
Band 3, Level 3
Authority and
accountability: Provides a professional advisory role
to people within or outside the employer. Such advice may commit the employer
and have significant impact upon external parties dealing with the employer.
The position may manage several major projects or sections within a department
of the employer.
Judgement and
problem solving: Positions have a high level of independence in solving
problems and using judgement. Problems can be multi-faceted requiring detailed
analysis of available options to solve operational, technical
or service problems.
Specialist
knowledge and skills: The skills and knowledge to resolve problems where a number of complex alternatives need to be addressed.
Management skills:
May be required to manage staff, resolve operational problems
and participate in a management team to resolve key problems.
Interpersonal
skills: Interpersonal skills in leading and motivating staff may be required.
Persuasive skills are used in seeking agreement and discussing issues to
resolve problems with people at all levels. Communication skills are required
to enable provision of key advice both within and outside the employer and to
liaise with external bodies.
Qualifications
and experience: Tertiary qualifications combined with a high level of practical
experience and an in-depth knowledge of work.
(xi) Professional/Specialist
Band 3, Level 4
Authority and
accountability: Accountable for the effective management of major sections or
projects within their area of expertise. As a specialist,
advice would be provided to executive level and to the employer on major
areas of policy or on key issues of significance to the organisation. The
position's influence would have an important role in the overall performance of
the function.
Judgement and
problem solving: Positions would determine the framework for problem solving or
set strategic plans with minimal review by senior management. At this level,
the position may represent senior management or the employer in the resolution
of problems. The oversight of problem solving and assessment of the quality of
judgements made by less qualified staff will apply at this level.
Specialist
knowledge and skills: Positions require knowledge and skills for the direction
and control of a key function of the employer or major functions within a
department. Positions require expert knowledge and skills involving elements of
creativity and innovation in addressing and resolving major issues.
Management
skills: Positions may direct professional or other staff in the planning, implementation and review of major programs, as well as
participating as a key member of a functional team.
Interpersonal
skills: Interpersonal skills in leading and motivating staff will be required
at this level. Positions require the ability to negotiate on important matters
with a high degree of independence. Positions are required to liaise with the
public and external groups and organisations.
Qualifications and
experience: Specialist tertiary qualifications in an appropriate field of study
combined with extensive practical experience in all relevant areas in order to plan, develop and control major elements of
work.
(xii) Executive Band 4
Authority and
accountability: Accountable for the direction and control of the employer or a
department or the like. Influence and commit the employer or a department or
the like to long-term strategic directions. Lead policy development and
implementation.
Judgement and
problem solving: Positions solve problems through analytic reasoning and
integration of wide-ranging and complex information, and
have a high level of independence in determining direction and approach to
issues.
Specialist
knowledge and skills: The position requires the application of a range of
specialist knowledge and skills, including relevant legislation and policies
and other areas of precedent. Ability to provide authoritative advice to the
employer.
Management
skills: Application of corporate management skills in a diverse organisation to
establish goals and objectives. Manage and control staff, budgets and work
programs or major projects of the employer or a department or the like
utilising leadership, evaluation and monitoring skills
to facilitate achievement of objectives. Ability to generate innovative
approaches to more effectively deploy resources, meet
changing circumstances and improve service to the employer's clients.
Interpersonal
skills: Positions use persuasive skills with external parties on major items of
critical importance to the employer. They motivate managers and staff at all
levels by leading and influencing others to achieve complex objectives. They
influence the development of the employer.
Qualifications
and experience: Positions will have a relevant degree or equivalent and
management experience, combined with accredited management qualifications.
6. Rates of Pay
(i) The rates of pay are established for
positions with the skills descriptors as defined in Clause 5, Skill Descriptors,
of this Award.
(ii) The rates of pay are set out in Table 1 of
Part B of this Award and are entry level rates of pay only, except for
Operational Band 1, Level 1, which are actual rates of pay.
(iii) The employer shall introduce a salary
system to complement the skills-based structure and rates of pay of the Award.
7. Salary System
(i) A salary system determines how employees
are paid. An employee shall be paid the salary system rate of pay that
recognises the skills the employee is required to apply on the job.
(ii) The salary system shall have a structure
that complements the entry level rates of pay and skill descriptors in the
Award by identifying grades. Each grade shall contain a
number of salary points/steps for progression that are over and above
the entry level rates of pay.
(iii) Positions shall be assigned a salary
grade(s) within the structure. A position may extend across more than one grade
in the employer's salary system or level as prescribed by Clause 5 Skills
Descriptors of this Award.
(iv) Progression through the salary system shall
be based upon:
(a) the acquisition and use of skills; or
(b) employee performance, provided
that progression beyond the award entry level based upon the acquisition
and use of skills is also available.
(v) Where skills based
progression is not reasonably available within the salary range for the
position, employees shall have access to progression based on the achievement
of performance objectives relating to the position. Such performance objectives
shall be set in consultation with the employee(s).
(vi) Subject to subclauses (iv) and (v), skills
for progression relevant to the position shall be assigned to each salary
point/step within the grade, or set at the annual assessment provided that such
criteria shall provide an opportunity to progress through the salary system.
(vii) Except where otherwise provided, employees
shall be assessed for progression through the salary range for their position
at least annually or when they are required to use skills that would entitle
them to progress in the salary system.
(viii) The employer shall not be required to conduct
annual assessments for those employees who have progressed through the salary
system to the maximum point/step for their position, provided that if an
employee on or above the maximum point/step for their position requests an annual
assessment in writing, the employer will provide one.
(ix) At the time of assessment, the employer
shall advise the employee of the relevant skills and/or reasonably achievable
performance objectives required for the employee to progress to the next salary
point/step and shall review the employee's training needs consistent with
clause 32.
(x) The salary system shall include a process
by which employees can appeal against their assessment.
(xi) Employees shall have access to information
regarding the grade, salary range and progression steps of the position.
(xii) Where the employer changes its salary system
structure, employees shall not suffer a reduction in pay or salary range.
Further, employees shall not suffer a reduction in progression steps based on
the acquisition and use of skill, unless otherwise agreed.
8. Use of Skills
(i) The parties are committed to improving
skill levels and removing impediments to multi skilling and broadening the
range of tasks that the employee is required to perform.
(ii) An employee shall be paid the salary
system rate of pay that recognises the skills the employee is required to apply
on the job.
(iii)
(a) The skills paid for shall not be limited to
those prescribed by the job description and may, where appropriate, include
skills possessed by the individual which are required by the employer to be
used as an adjunct to the employee's normal duties.
(b) Subject to subclauses (xii) and (xiii) of
Clause 16, Allowances, Additional Payments and Expenses, employees who are
required by the employer to use such additional skill(s) in the performance of
their duties shall have the use of these skill(s) considered in the evaluation
of the position.
9.
Resourcing and Directing Employees
(i) The employer shall provide adequate staff
and other resources to enable employees to carry out their duties and functions
over the course of working hours that are not unreasonable and support the
implementation of the employer’s community strategic plan and operational plan.
(ii) The
employer may direct the employee to carry out such duties that are within the
limits of the employee's skill, competence and
training.
10. Performance
Evaluation and Reward
A.
ENTERPRISE
(i) It is the intention of the parties to
create a flexible award in which employers can increase the overall efficiency
and effectiveness of local government services.
(ii) Employers should consider the development
of enterprise key performance indicators which are specific to local needs.
(iii) Where the employer develops enterprise key
performance indicators regard shall be had to the following:
(a) measurement of the manner and process by
which services are provided;
(b) measurement of both qualitative and
quantitative aspects of service provision e.g.
community satisfaction, timeliness, service quality, output and cost data.
(iv) Employers shall discuss enterprise key performance
indicators relating to human resources activities and/or job redesign with the
consultative committee.
(v) Employee(s) or the employer may seek
assistance from the appropriate union or Association in developing and
implementing enterprise key performance indicators.
B.
INDIVIDUAL/TEAM
(i) Enterprise key performance indicators may
be used to develop performance targets for teams or individual employees.
(ii) All employees need to know and have
confirmed the role, accountabilities and performance standards that are
expected of them. Role clarity, acceptance of goals and regular feedback are
essential to effective performance. A key aim should be to provide a means of
recognising and rewarding high performance and to provide an early assessment and
response to substandard performance. A review system also provides a basis for
identifying development needs for individuals, and can
be used as an important input to promotion decisions.
(iii) This Award recognises that all employees
shall have on-going feedback about performance. The performance development
process can be simplified to three stages:
(1) joint development on objectives and
performance standards;
(2) progress reviews; and
(3) a formal performance review which is
followed by decisions and outcomes.
C.
BONUS AND ADDITIONAL PERFORMANCE PAYMENTS
(i) Employers may make available access to
bonus payments or other opportunities for additional reward for those employees
who have progressed through the salary system to the maximum point/step for
their position.
(ii) Where a salary system provides for the
payment of a performance component separate from a skills component, variations
to payments under the performance component shall not affect payments under the
skills component.
11. Payment for Relief Duties/Work
(i) An employee required to relieve in a
position which is at a higher level within the salary system shall be paid for
that relief. The rate to be paid shall be determined by considering the
skills/experience applied by the employee relieving in the position but shall
be at least the minimum rate for that position in accordance with the salary
system except where the higher level skills have been taken into account within
the salary of the relieving employee.
(ii) Payment for use of skills relieving in a
higher paid position shall be made for the time actually
spent relieving in the higher position and is not payable when the
relieving employee is absent on paid leave or an award holiday. An employee on
annual leave or long service leave may be entitled to a higher rate of pay in
accordance with the provisions of paragraphs 22D(xi) and 22E(iii)(c) of this
Award.
(iii) An award employee who is required to
relieve in a senior staff position, so designated under the Local Government Act 1993 (NSW), shall
be paid an appropriate rate of pay commensurate with the duties and
responsibilities of the relief work undertaken.
(iv) An employee who is required to relieve an
employee in a higher-level position, who is on a rostered day off, shall not be
entitled to be paid for that relief, except for employees who were being paid
for such relief prior to the operative date of this award.
12. Payment of Employees
(i) Employees shall be paid either weekly or
fortnightly, or any other period by agreement, on a fixed regular pay day.
(ii) The employer shall fix a regular payday,
between Monday and Friday inclusive. The employer may alter the payday if there
is prior agreement with the employees affected and the employees shall not unreasonably
withhold their agreement.
(iii) Payment shall be by cash, cheque or direct credit to the employee's nominated account.
(iv) The employer shall deduct and pay on behalf
of the employee from any remuneration payable to the employee union membership
fees where authorised by the employee in writing. The employer can deduct and
pay on behalf of the employee from any remuneration payable to the employee
such other amounts as the employee authorises in writing.
(v) An employee’s ordinary pay shall not be
reduced when the employee is prevented from attending work due to bushfire or
other climatic circumstances beyond their control, provided that this subclause
shall not apply if:
alternative
duties are available that the employee can usefully perform, or
the bushfire or
other climatic circumstance occurred outside of the State of New South Wales,
or
the employee
has been unable to attend work for more than one week per bushfire or other
climatic circumstance event. The
employee may, in exceptional circumstances, apply to the employer for paid
special leave and such request shall not be unreasonably refused.
(vi) Where an employee takes a period of sick
leave and subsequently becomes entitled to the payment of workers compensation
for the same period but at a lesser amount than the sick leave already paid,
the employer shall be entitled to deduct from the employee’s remuneration the
difference between the sick leave payment and the workers’ compensation
payment.
Note: In accordance with section 129(1)(a)
of the Industrial Relations Act 1996
(NSW) and regulation 10 of the Industrial Relations (General) Regulation 2015
(NSW) an employer must keep daily records of the remuneration paid and the
hours worked by employees. This
includes:
the number of
hours worked by an employee during each day; and
the
times of starting and ceasing work each day.
13. Annualised Salaries
(i) Annual salary instead of award provisions
Notwithstanding
any other provision of this Award, the employer and an employee may agree that
the employer may pay the employee an annual salary in satisfaction of any or
all payments arising under the following provisions of the Award:
(a) Rates of Pay - clause 6;
(b) Use of Skills - clause 8;
(c) Performance Evaluation and Reward -
clause 10
(d) Payment for Relief Duties/Work - clause 11
(e) Salary Sacrifice - clause 14
(f) Allowances, Additional Payments and
Expenses - clause 16
(g) Residence - clause 18
(h) Hours of Work - clause 19
(i) Overtime - clause 20
(j) Holidays - clause 21
(ii) Annual salary not to disadvantage
employees
(a) The annual salary must be no less than
the amount the employee would have received under this Award for the work
performed over the year for which the salary is paid (or if the employment
ceases earlier over such lesser period as has been worked).
(b) The annual salary of the employee must be
reviewed by the employer at least annually to ensure that the compensation is
appropriate having regard to the award provisions which are satisfied by the
payment of the annual salary.
(c) Employees shall not be denied the
opportunity to apply for new or vacant positions as a result
of the operation of this clause.
(iii) An annual salary agreement must:
(a) be in writing and signed by both parties;
(b) state the date on which the arrangement commences;
(c) be provided to the employee;
(d) contain a provision that the employee will
receive no less under the arrangement than the employee would have been
entitled to if all award obligations had been met, taking account of the value
of the provision of matters not comprehended by the award such as private use
of an employer provided motor vehicle;
(e) be subject to an annual review;
(f) contain details of any salary package
arrangements, including the annual salary that is payable;
(g) contain details of any other non-salary
benefits provided to the employee such as an employer provided motor vehicle;
(h) contain details of any performance pay
arrangements and performance measurement indicators;
(i) contain the salary for the purposes of
accident make up pay (if applicable); and
(j) contain the award band and level for the
role.
(iv) An annual salary agreement may be
terminated:
(a) by the employer or the employee giving
four weeks’ notice of termination, in writing, to the other party and the
agreement ceasing to operate at the end of the notice period; or
(b) at any time, by written agreement between the
employer and the employee.
(v) On termination of an annual salary
agreement, the employee will revert to the Award entitlements unless a new
annual salary agreement is reached.
(vi) Notwithstanding the above, annualised
salary arrangements entered into prior to 1 July 2014
may continue to operate in accordance with their terms.
14. Salary Sacrifice
(i) The employer and an employee may agree to
enter into a salary sacrifice arrangement, which
allows an employee to receive a part of their pre-tax salary as a benefit
rather than salary. Such agreement shall not unreasonably be withheld.
(ii) Benefits that may be salary sacrificed
include, but shall not be limited to, child care facilities operated by the
employer on its premises; and additional superannuation and motor vehicles
supplied by the employer under lease back arrangements where the amount to be
salary sacrificed for leaseback of the employer’s motor vehicle is that part of
the lease back fee that exceeds the employer’s fringe benefit tax liability.
(iii) The value of the benefits shall be agreed
between the employer and employee and shall include fringe benefits tax where
applicable.
(iv)
(a) The salary sacrifice arrangement,
including the benefits to be salary sacrificed and their value including fringe
benefit(s) tax, shall be in writing and signed by both the employer and the
employee.
(b) The employee may request in writing to change
the benefits to be salary sacrificed once each year and the employer shall not
unreasonably refuse the request.
(v) The employee’s gross pay is their pre-tax
ordinary pay less the values of the salary sacrifice benefit including fringe
benefit(s) tax.
(vi) The value of a salary
sacrifice benefit and applicable fringe benefit tax, shall be treated as
an approved benefit for superannuation purposes and shall not reduce the
employee’s salary for employer contributions.
(vii) The value of salary sacrifice benefits and
applicable fringe benefits tax shall be ordinary pay for calculating overtime
and termination payments.
(viii) The employee is responsible for seeking
appropriate financial advice when entering into any
arrangement under this clause.
(ix)
(a) The employer will ensure that the salary
sacrifice arrangement complies with taxation and other relevant laws.
(b) The employer has the right to vary and/or
withdraw from offering salary sacrifice to employees with appropriate notice if
there is any alteration to relevant legislation that is detrimental to salary
sacrifice arrangements.
(x) A salary sacrifice arrangement shall
cease on the day of termination of employment.
(xi) A salary sacrifice arrangement shall be
suspended during periods of leave without pay.
(xii) The employer may maintain and/or enter into other salary sacrifice arrangements with
employees.
15. Superannuation and Related Arrangements
(i) Superannuation Fund Contributions
(a) Subject to the provisions of the Industrial Relations Act 1996 (NSW), the
employer shall make superannuation contributions to the Local Government
Superannuation Scheme and not to any other superannuation fund.
(ii) Salary Sacrifice Arrangements specific to
Superannuation
(a) For the purposes of this subclause:
i. "Eligible employee" means an
employee with at least five (5) years continuous service with the employer who
has an accrued entitlement to long service leave under the Award that is in
excess of the long service leave entitlement that the employee would have
accrued if covered by section 4 of the Long
Service Leave Act 1955 (NSW). For the purpose of
this subclause, long service leave is deemed to accrue under the LSL Act at the
rate of 0.867 weeks per year of service.
ii. "Excess LSL" means the long
service leave that an employee has accrued under the Award that is in excess of
the long service leave that the employee would have accrued if covered by
section 4 of the Long Service Leave Act
1955 (NSW).
iii. "LSL" means Long Service Leave.
iv. "LSL Act" means the Long Service Leave Act 1955 (NSW).
v. "Ordinary Time Earnings" has
the same meaning as in section 6(1) of the Superannuation
Guarantee (Administration) Act 1992 (Cth).
vi. "Superannuation Fund" means the
Local Government Superannuation Scheme.
(b) Subject to this clause, eligible
employees may, with the consent of the employer, cash out some or all of their Excess LSL.
(c) Any Excess LSL cashed out in accordance
with this clause shall be paid to the employee at the employee’s ordinary pay.
Example: A
full-time employee with 10 years’ continuous service with the employer accrues
13 weeks LSL under the Award, whereas they would have only accrued 8 weeks LSL
if covered by s.4 of the LSL Act. After 10 years’ service, the employee would
have up to 5 weeks Excess LSL which may, with the consent of the employer, be
cashed out.
(d) Eligible employees who have Excess LSL
cashed out under this clause must enter into a Salary
Sacrifice Arrangement for the equivalent amount to be paid into the
Superannuation Fund as Ordinary Time Earnings, unless the employee has reached
their concessional contribution cap.
(e) Notwithstanding subclause 14(vi) of the
Award, any Salary Sacrifice Arrangement made under this clause shall not be
treated as an approved benefit for superannuation purposes.
16.
Allowances, Additional Payments and Expenses
(i) Level 1
Adverse Working Conditions Allowance
(a) A level 1 adverse working conditions allowance
in addition to the weekly rate of pay shall be payable to designated employees
to compensate for the special disabilities associated with working outdoors
and/or for moderately obnoxious, offensive or dirty
working conditions.
(b) The level 1 adverse working conditions
allowance shall be paid at the rate set out in Table 2 of Part B of this Award
and shall be paid for all purposes of the Award but shall not attract any
penalty.
(c) All employees in Levels 2, 3 and 4 of the
Operational Band 1 and employees engaged in the gardening, building, metal and
mechanical trades of the Administrative/Technical/Trades Band 2 shall be paid
the level 1 adverse working conditions allowance for all hours worked,
excepting staff engaged in the following functions:
Administration
Civic Centre,
Recreation and Theatre
Community
Services
Finance
Garbage,
Sanitary and Sullage
Managing
Saleyards
Noxious Plant
Inspection
Ordinance
Control
Public
Relations
Supervising in
Band 2
Technical
Services
Works
Supervisor
(d)
(1) Designated employees in Operational Band
1 and Administrative / Technical / Trades Band 2 who do not qualify for the
allowances at paragraphs 16(i)(c) and 16(ii)(a) shall
be paid the level 1 adverse working conditions allowance for the actual time
worked by direction performing the following work, with a minimum payment of
one (1) hour per day on which the work is performed:
Childcare
employees - whilst changing nappies
Employees whose
duties involve animal destruction - whilst destroying companion animals and/or
manual handling the remains or faeces of such companion animals. For the
purpose of this subclause, companion animals means
cats and dogs.
(2) The employer may make an average payment
equivalent to an agreed number of hours per week where the employee is
regularly required to perform such work.
(ii) Level 2 Adverse Working Conditions
Allowance
(a) All employees classified in the
Operational Band 1, of this Award (except for supervisors), who are employed in
garbage, sanitary and sullage collection work or engaged at garbage tips, in
street sweeping and in cleaning offensive materials from gutters or storm water
drains, shall in addition to their weekly rate of pay, be paid a level 2
adverse working conditions allowance at the rate set out in Table 2 of Part B
of this Award. This allowance shall be paid for all purposes of the Award but
shall not attract any penalty.
(b) The level 2 adverse working conditions
allowance is to compensate for the special disabilities associated with the
hours worked and the offensive, filthy and obnoxious nature of duties performed
by employees engaged in this work.
(iii) Sewer
Chokes
The sewer choke
allowance is to compensate for the highly obnoxious working conditions
associated with the clearing of blockages in live sewers, which typically
includes:
(a) the clearing of blockages in sewer mains
(of any diameter) carrying raw or partially treated sewerage to sewerage
treatment plants, often in circumstances where direct contact with the raw
sewerage is unavoidable; and
(b) the clearing of blockages in other parts
of the sewerage system where disassembly is required and direct contact with
raw sewerage is unavoidable.
Employees
clearing sewer chokages and/or other parts of the
sewerage system as provided above shall be paid at the rate set out in Table 2
of Part B of this Award whilst so engaged.
For the
purposes of this subclause, a live sewer shall mean part of a sewerage system
that transports raw or partially treated sewerage from a building to a septic
tank or sewerage treatment works, typically at or below ground surface level.
For the
purposes of this subclause, a sewer choke shall mean a partial or total
blockage that may result in a spill to the external environment from the sewer
system.
The sewer choke
allowance is paid per shift, including overtime shifts which are not continuous
with an ordinary shift.
The sewer choke
allowance shall not be paid in addition to the septic tanks allowance at
subclause 16(iv) or sewerage treatment works allowance at subclause 16(v) of
this Award.
(iv) Septic Tanks
Employees shall
be paid treble rates in addition to their normal rates for all time occupied on
work in connection with the cleaning of septic tanks, and/or septic closets
and/or chemical closets by other than mechanical means. Payments made in
accordance with this subclause shall be in substitution of overtime rates and
any other penalty.
(v) Sewerage Treatment Works
Employees
required during their ordinary hours of work to enter and clean or enter and
maintain digestion tanks at sewerage treatment works, aeration ponds or wet
wells at sewer pump stations, where direct contact with raw sewerage is
unavoidable, shall be paid at the rate of double ordinary rates for all time
worked. Payments made in accordance with this subclause shall be in
substitution of overtime rates and any other penalty.
(vi) Employee Providing Tools
(a) Where the employee and the employer agree
that the employee shall supply their own tools, a tool allowance shall be paid
as follows:
|
PER WEEK $
|
Bricklayer
|
Table 2 of Part B
|
Carpenter and
Plumber
|
Table 2 of Part B
|
Metals and
Mechanical Trades
|
Table 2 of Part B
|
Painter and
Signwriter
|
Table 2 of Part B
|
Plasterer
|
Table 2 of Part B
|
(b) Complete Tool Kits - allowances paid to
employees in accordance with this clause shall be deemed to apply in respect of
a full range of tools ordinarily used in carrying out the trade, occupation, duties and functions.
(c) Special Purpose Tools - allowances
prescribed by this clause shall not cover tools required for special uses or
purposes outside of the ordinary trade functions of the employee's
classification.
(d) Compensation of Tools - The employer shall
reimburse the employee to a maximum per annum as set out in Table 2 of Part B
for loss of tools by breaking and entering whilst securely stored at the
employer’s premises or on the job site or if the tools are lost or stolen while
being transported by the employee at the employer’s direction, or if the tools
are stolen during an employee's absence after leaving the job because of injury
or illness. Provided that an employee transporting their own tools shall take
all reasonable care to protect those tools and prevent theft or loss.
(e) Provided for the purposes of this clause:
(1) Only tools used by the employee in the
course of their employment shall be covered by this clause;
(2) The employee shall, if requested to do so,
furnish the employer with a list of tools so used;
(3) Reimbursement shall be at the current
replacement value of new tools of the same or comparable quality;
(4) The employee shall report any theft to
the police prior to making a claim on the employer for replacement of stolen
tools.
(vii) Telephone
Where an
employee and the employer agree that a fixed line telephone installed at the
employee's residence can be used as a means of communication to such employee
and there is no reliable and accessible mobile network telephone coverage at
the residence, the employer shall reimburse the employee the annual rental of
such fixed line telephone and for the actual charge made for all outward calls
made on the employer’s behalf.
(viii) Expenses
All reasonable
expenses, including out-of-pocket, accommodation and travelling expenses,
incurred in connection with the employee's duties shall be paid by the employer
and, where practicable shall be included in the next pay period. The method and
mode of travelling or the vehicle to be supplied or to be used shall be
arranged mutually between the employer and the employee. Travelling
arrangements shall be agreed between the employer and the employee.
(ix) Certificates, Licences
and other Approvals
(a) Where an employee in Operational Band 1
or Administrative/Technical Trades Band 2 of the Award is required by the
employer to hold a WorkCover NSW approved certificate
or licence the employer shall reimburse the employee for the cost of such
certificate or licence.
(b) Where an employee in Operational Band 1 or
Administrative/Technical Trades Band 2 of the Award is required by the employer
to hold a drivers licence other than a Class C (car) or Class R (rider)
licence, the employer shall reimburse the employee the difference between the
cost of the licence and the cost of a Class C (car) drivers licence.
(c) Where an employee engaged in
child-related work is required by the employer to undertake a Working with
Children Check as provided by the Child
Protection (Working with Children) Act 2012 (NSW), the employer shall
reimburse the employee for the cost of such Working with Children Check.
(x) Travelling Allowance
(a) This subclause shall apply to employees who
are required to start and/or finish work at a location away from the employer’s
depot, workshop or other agreed normal place of work, and travel to and/or from
such location in their own time.
(b) For the purposes of this subclause
"normal place of work" shall mean:
(1) the employer’s workshop or depot;
(2) an office or building of the employer to
which the employee is usually assigned;
(3) any other agreed starting and/or
finishing point.
(c) Unless otherwise provided, each employee
will be assigned to one normal place of work only.
(d) An employee may be assigned to more than
one normal place of work by agreement.
(e) An employee may be transferred to a
different normal place of work at any time by agreement or by the giving of
reasonable notice provided that the relocation is reasonable in the
circumstances and does not unreasonably disadvantage the employee. In the event
of a dispute Clause 36, Grievance and Dispute Procedures, shall apply.
(f) Where an employee is required to commence
and/or finish work at a location away from the employee's normal place of work
and the distance travelled is greater than the distance usually travelled by
the employee between their place of residence and normal place of work, the
employee shall be paid a travelling allowance for each journey of excess
travel, according to the following scale, provided that reasonable transport is
available:
EXCESS DISTANCE TRAVELLED
|
ENTITLEMENT
|
Less than 3kms
|
Nil
|
3km but not more than 10km
|
Table 2 of Part B
|
More than 10km but not more than 20km
|
Table 2 of Part B
|
More than 20km but not more than 33km
|
Table 2 of Part B
|
More than 33km but not more than 50km
|
Table 2 of Part B
|
Plus (See Table 2 of Part B) for each additional 10km in excess of 50kms
|
Table 2 of Part B
|
Note: On and
from 1 July 2014, an employee may be entitled to two travelling allowances on
the one day.
(g) For the purpose of this subclause a residence
shall not be reckoned as such unless it is situated within the council area.
Where the employee resides outside the council area the travelling allowance is
payable from the council boundary of the employer by which they are employed.
(h) For the purpose of this subclause distance
shall mean the nearest trafficable route to work.
(i) Where transport is provided by the
employer the conveyance shall have suitable seating accommodation and a cover
to protect the employees from the weather. Explosives shall not be carried on
vehicles which are used for the conveyance of employees.
(j) Where the employer and employee agree
that the employee is to use their own vehicle to transport other employee(s) or
materials to and/or from a worksite located away from the employee's normal
place of work, a vehicle allowance for the use and depreciation of the vehicle
shall be paid as follows:
|
Kilometres travelled transporting other
|
|
employee(s) or materials
|
|
Cents per kilometre
|
Under 2.5 litres (nominal engine capacity)
|
Table 2 of Part B
|
2.5 litres (nominal engine capacity) and over
|
Table 2 of Part B
|
Such vehicle
allowance shall be paid in addition to travelling allowances provided by this
subclause.
For the
purposes of this subclause, materials shall not include incidental items
(including but not limited to keys, mobile phones, laptop computers and
personal protective clothing).
Where the
employer provides transport but the employee elects to make their own travel
arrangements, the vehicle allowances in this subclause shall not apply.
(k) This subclause does not apply to employees
who travel where management and employees agree on a flat rate per week to be
paid for travelling. In the event of a dispute, the Grievance and Disputes
Procedure in Clause 36 of this Award shall be applied.
(l) This subclause does not apply to
travelling involved in after hours on-call work or to employees recalled to work overtime.
(m) Unless otherwise agreed, an employee shall
not be entitled to travel related allowances except those provided for in this
subclause. Nothing in this subclause shall be construed so as
to require the reduction or alteration of more advantageous benefits or
conditions under any existing travel arrangements.
(xi) Camping Allowance
(a) Employees who are required by the
employer to camp out or where no reasonable transport facilities are available
to allow them to proceed to and from their homes each day shall be paid a
camping allowance at a rate set out in Table 2 of Part B for each night the
employee camps out.
(b) The employer shall pay the camping
allowance in advance if requested, where the employer requires the employee to
camp out for all of the rostered working days in a week.
The employer shall be reimbursed the camping allowance that has been paid in
advance excepting where the camp has been shortened or cancelled for reasons
beyond the employee’s control.
(c) When employees are required to camp, all
travelling between their respective depots and camp site at the beginning
and/or completion of the camp be undertaken during normal working hours. If the
employees are required to travel outside normal working hours
they shall be paid the appropriate travelling allowance in accordance with
subclause (xi) of this clause.
(d) All time occupied in setting up or in
shifting camps during the ordinary working hours shall be paid for at ordinary
rates. Should employees be required to shift camp at times other than during
their ordinary hours of work they shall be paid time and a half rates for the
time occupied.
(e)
(1) The employer shall provide transport for
employees, who are required to camp out from the employer depot at the
commencement of each working week and to return to such depot at the finish of
each working week or when the employees are camped for a period less than one
week at the commencement and finish of the period in which the employees are
required to camp out.
(2) Notwithstanding (1) above, transport may
be mutually arranged between the employer and the employee(s) and shall remain at all times with those employee(s) required to camp.
(f) The employer shall provide free transport
once each week to enable commodities for use in camp to be obtained by the
employees from the nearest suitable location. For the purpose
of this subclause, the camping allowance prescribed in paragraph (a)
shall be payable to the employees so concerned.
(g) No employee shall be required to camp
without at least 24 hours' notice unless such employee agrees to do so.
(h) Where reasonably practicable to do so the
employer shall arrange for perishable foods to be purchased on the morning
prior to the time of departure on that day.
(i) Minimum standards of caravan
accommodation to be provided to employees required to camp out are contained in
Schedule 1 to this Award.
(j) Where the employee is required to work
more than five (5) hours onsite on the final day of camping
out and a meal has not been provided by the employer, the employee shall be
entitled to a meal allowance at the rate set out in Table 2 of Part B.
(xii) Community
Language, and Signing Work
(a) Employees using a community language
skill as an adjunct to their normal duties to provide services to speakers of a
language other than English, or to provide signing services to those with
hearing difficulties, shall be paid an allowance in addition to the weekly rate
of pay as set out in Table 2 of Part B. The allowance may be paid on a regular
or irregular basis, according to when the skills are used.
(b) Such work involves an employee acting as a
first point of contact for non-English speaking residents or residents with
hearing difficulty. The employee identifies the resident's area of inquiry and
provides basic assistance, which may include face-to-face discussion and/or
telephone inquiry.
(c) Such employees convey straightforward information
relating to services provided by the employer, to the best of their ability.
They do not replace or substitute for the role of a professional interpreter or
translator.
(d) Such employees shall record their use of a
community language according to the employer’s established policy.
(e) Where an employee is required by the
employer to use community language skills in the performance of their duties:
The employer
shall provide the employee with the opportunity to obtain accreditation from a
language aide accreditation agency
Such training
shall form part of the employer’s training plan and budget, in accordance with
the requirements of Clause 32 of this Award
The employee
shall be prepared to be identified as possessing the additional skill(s)
The employee shall be
available to use the additional skill(s) as required by the employer.
(f) Savings
These
provisions identify minimum criteria only, and shall
not be construed so as to require the reduction or alteration of more
advantageous benefits or conditions under any arrangement existing at the date
the award was varied to give effect to this clause. They shall not however be
cumulative upon such existing payments.
(xiii) First
Aid in the Workplace
General
(a) The parties to the Award recognise that
providing immediate and effective first aid to employees or others who have
been injured or become ill at the workplace may reduce the severity of the
injury or illness and promote recovery. In some instances, it could mean the
difference between life and death.
(b) All employees must be able to access a
first aid kit.
(c) First aid requirements will vary from one
workplace to the next, depending on the nature of the work, the type of
hazards, the workplace size and location, as well as the number of people at
the workplace. These factors must be taken into account
when deciding what first aid arrangements need to be provided.
(d) Employers must ensure that an adequate number
of employees are trained to administer first aid at the workplace or that
employees have access to an adequate number of other people who have been
trained to administer first aid.
(e) Employers are encouraged to make
available to employees, training in basic first aid, which may include, for
example, training in:
administering
first aid;
Cardio Pulmonary Resuscitation (CPR); or
use of
defibrillators.
For further
information, refer to the SafeWork NSW ‘First aid in the workplace code of
practice’.
First aid work
allowance
(f) Where an employee who holds an
appropriate first aid qualification is appointed by the employer to perform
first aid duty and be in charge of a first aid kit, such employee shall be paid
an allowance in addition to the weekly rate, as set out in Table 2 of Part B.
(g) This clause shall not apply where it is a
requirement of the position for the employee to hold an appropriate first aid
qualification and perform first aid duty, if the skills have been paid for in
accordance with the employer’s salary system.
(xiv) Meal Allowance
(a) A meal allowance set out in Table 2 of
Part B shall be paid to employees instructed to work overtime:
(i) for two hours or more prior to their
agreed commencing time, or
(ii) for two hours immediately after their
agreed finishing time and after subsequent periods of four hours, or
(iii) after each four hours on days other than
ordinary working days
provided that a
meal allowance is not payable where, by agreement, a meal is provided by the
employer.
(xv) Civil Liability - Engineering Professionals
(a) Subject to this clause, engineering
professionals directly involved in the application of engineering principles to
the asset management of the employer’s assets that give rise to liability under
the Civil Liability Act 2002 (NSW)
shall be paid a 3.5% allowance in addition to the weekly salary system rate of
pay.
(b) This allowance was introduced to ensure
that engineering professionals whose work value had changed in response to the Civil Liability Act
2002 (NSW) are paid for that change in work value. This allowance
applies to functional management positions as well as engineering professionals
working in asset management at the operational level.
(c) This allowance is not payable where such
responsibilities and the exercise of such skills have been specifically and
demonstrably paid for in accordance with the salary system established by the
employer.
(d) Direct involvement in the application of
engineering principles to the management of the employer’s assets includes:
the planning for;
designing;
maintenance;
replacing;
rehabilitation;
or
disposing
of the
employer’s assets which may give rise to liability under the Civil Liability Act 2002 (NSW).
(e) To qualify for the payment of this
allowance the position in question must be evaluated in accordance with the
skill descriptors for Professional/Specialist Band 3 or Executive Band 4 of the
Award.
(f) The parties to the Award acknowledge that
implementation of this allowance has been guided by the Joint
Statement on the Implementation of the Civil Liability Allowance issued
by the parties in October 2007. The parties remain committed to this document
as a guide for the application of the allowance.
(g) From 1 January 2015, claims for the
payment of the civil liability allowance under this clause shall be made within
30 days of the work being performed, and any claims for back-payment of the
civil liability allowance shall be limited to the date on which the employee
made the claim. This subclause does not apply where it can be demonstrated that
the employer incorrectly made representations to an employee that the civil
liability allowance had already been paid for in accordance with their rate of
pay and/or the salary system established by the employer.
(h) This clause shall not be construed so as to require the reduction or alteration of more
advantageous benefits or conditions under any arrangements existing at the date
the Award was varied to give effect to this clause.
(xvi) Accreditation
of employees as Chartered Professional Engineers
(a) Where an engineering employee is required
by the employer to be accredited as a Chartered Professional Engineer the
employer shall:
(1) pay the reasonable costs associated with
obtaining and/or maintaining such accreditation, including the cost of
accreditation fees and compulsory continued professional development
training/course fees, and
(2) grant leave, without loss of pay, to
attend course requirements in accordance with subclause (iv) of Clause 32,
Training and Development, of this Award.
(b) Subclause (a) shall continue to be
observed while the employee is on paid leave and/or unpaid parental leave.
(c) The employer may grant an engineering
employee undertaking a course to obtain accreditation as a Chartered
Professional Engineer, although not at the employer’s request, assistance in
accordance with subclause (v) of Clause 32 of this Award.
(xvii) Accreditation
of employees by the Building Professionals Board
(a) Where an employee is required by the
employer to be accredited by the Building Professionals Board under the Building Professionals Act 2005 (NSW)
the employer shall:
(1) pay the reasonable costs associated with
obtaining and/or maintaining such accreditation, including the cost of
accreditation fees and compulsory continued professional development
training/course fees, and
(2) grant paid leave to attend course
requirements in accordance with subclause (iv) of Clause 32, Training and
Development, of this Award.
(b) Subclause (a) shall continue to be
observed while the employee is on paid leave and/or unpaid parental leave.
17.
Motor Vehicle Arrangements
A. VEHICLE
ALLOWANCES
(i) Where, by agreement, the employer
requires an employee to use their own vehicle in or in connection with the
performance of their duties for official business, such employee will be paid
an allowance for each kilometre of authorised travel as follows:
(a) motor vehicle under 2.5 litres (normal
engine capacity) - refer to Table 2 of Part B; and
(b) 2.5 litres (normal engine capacity) and
over - refer to Table 2 of Part B.
(ii) The employer may require an employee to
record full details of all such official travel requirements in a log book.
(iii) Minimum quarterly payment - Where the
vehicle is used for official business and is available continuously when the
employee is on duty the employee shall be paid the allowance in subclause 17A(i)(b) but with a minimum payment as set out in Table 2 of
Part B. Periods of sick leave in excess of 3 weeks, annual leave in excess of 4
weeks, long service leave, paid and unpaid parental or maternity leave shall
not be counted when calculating the minimum quarterly payment.
(iv) Where the vehicle is used for official
business on an intermittent, irregular or casual basis, the employee shall be
paid the allowance for the number of kilometres travelled on official business
as set out in paragraph (i) only and shall not be entitled
to the minimum payment as set out in paragraph (iii).
(v) Any agreement to pay the allowance under
this clause may only be terminated by 12 months’ notice by either party or by
the employee's termination of employment.
B. leaseback VEHICLES
(i) GENERAL
The parties to
this Award recognise that leaseback vehicles may be provided to employees as a
condition of employment (e.g. as an incentive for accepting employment) or as a
discretionary benefit that is not a condition of employment.
A leaseback
vehicle will be considered to be a condition of
employment for an employee unless the employer can establish that it was not
provided on such a basis at the time that it was provided.
(ii) TERMINATION
OF LEASEBACK VEHICLE ARRANGEMENT
(a) Condition of employment - Unless
otherwise provided in this clause, where the employer and an employee enter
into a leaseback vehicle arrangement and the employee is entitled to a
leaseback vehicle as a condition of employment, the arrangement may only be terminated
by agreement.
(b) Not a condition of employment - Unless
otherwise provided, where the employer and an employee enter into a leaseback
vehicle arrangement and the employee is not entitled to a leaseback vehicle as
a condition of employment, the employer shall give a minimum of six (6) months
written notice of termination of the arrangement.
Notwithstanding
the above, where the leaseback vehicle agreement was entered into prior to 1
November 2010, the employer shall give a minimum of 12 months’ notice to
terminate the agreement.
(c) Other - The employer may terminate or
suspend access to a leaseback vehicle arrangement immediately on termination of
employment, loss of licence, serious breach of the leaseback vehicle agreement
or if the employee accepts a new position with the employer that does not
include access to a leaseback vehicle.
The employer may also terminate or suspend a leaseback vehicle
arrangement where an employee is demoted, for the period of demotion, provided
that at least two weeks’ notice is given.
(iii) VARIATION
OF LEASEBACK VEHICLE ARRANGEMENTS
(a) Variations to leaseback arrangements -
Proposals to vary leaseback vehicle arrangements, including the formula for
calculating the leaseback vehicle fees shall be referred to the consultative
committee in accordance with clause 33 of this Award, before a definite
decision is made.
(b) Variations to leaseback fees - Where an
employer proposes to increase the leaseback fee an employee is required to pay
in any twelve (12) month period by more than the percentage movement in the
index figure published by the Australian Bureau of Statistics for Eight
Capitals, private motoring sub-group (Cat No 6401.0), the employer shall
provide in writing to the employee the reasons for the increase.
In any event
the employer shall not increase the leaseback vehicle fee an employee is
required to pay in any twelve (12) month period by more than 10%.
This subclause
shall not apply where the leaseback vehicle fee is adjusted to reflect changes
in the type of vehicle being used (including changes in vehicle options, the
class, model or make of vehicle).
(c) Variations in hours of work and/or
extended periods of absence - Where an employee’s hours of work change
significantly or the employee is absent on approved leave for an extended
period, the employer and the employee shall discuss whether the employee will
be allowed to retain possession of the vehicle and/or whether the leaseback
vehicle fee is to be adjusted. In the event that the leaseback vehicle fee is to be
adjusted, paragraph (v) above shall not apply.
In the absence
of agreement, clause 36, Grievance and Disputes Procedures, shall apply.
C. NOVATED LEASES
A novated lease is a
type of motor vehicle lease common in Australia between an employee, employer,
and finance company, with the responsibility for the lease lying with the
employee and the lease payments being made from the employee's pre-tax income.
The employer shall
not make it a job requirement that an employee enter into a novated lease
agreement for the use of a motor vehicle.
18. Residence
Where an employee is
supplied by the employer with a residence, it shall be of a reasonable
standard. The rental value of such residence shall be agreed upon between the
employer and the employee. The rental value as agreed may be deducted from the
pay of the employee.
19.
Hours of Work
A.
ORDINARY HOURS
(i) Except as otherwise provided, the
ordinary hours of work shall be 38 hours per week arranged on one of the
following bases:
38 hours within
one week provided that at least two days off shall be granted;
or
76 hours within
two weeks provided that at least four days off shall be granted;
or
114 hours
within three weeks provided that at least six days off shall be granted; or
152 hours
within four weeks provided that at least eight days off shall be granted.
(ii) The ordinary hours of work for employees
engaged in the following functions shall be 35 hours per week:
Administration;
Building Surveying;
Community
Services (Professional/Specialist Band 3);
Engineering
(Professional and Trainees);
Executive Band;
Finance;
Health Surveying;
Library;
Public Relations;
Technical
Services; and
Town Planning.
The ordinary
hours for employees working 35 hours per week shall be arranged on one of the
following bases:
35 hours within
one week provided that at least two days off shall be granted;
or
70 hours within
two weeks provided that at least four days off shall be granted;
or
105 hours
within three weeks provided that at least six days off shall be granted; or
140 hours
within four weeks provided that at least eight days off shall be granted.
(iii) Except as otherwise provided, the ordinary
hours for all employees shall be between Monday and Sunday.
(iv) Where the employer seeks to alter the
spread of ordinary hours for a new or vacant position from Monday to Friday to
Monday to Sunday for any of the following functions:
Crematoriums
and Cemeteries;
Road
Constructions and Maintenance;
Sale Yards;
Stores and Depots;
Trade functions;
Building Surveyors;
Engineering
(Professional and Trainees);
Finance;
Health Surveyors;
Town Planning;
and
General Administration
(a) The employer shall refer the proposal to
alter the spread of ordinary hours to the consultative committee prior to
advertising the new or vacant position(s); and
(b) If the employer is satisfied that there
are suitably qualified employees employed by the employer that can be
redeployed to the new or vacant position(s) the employer shall call for
expressions of interest from those employees for redeployment into the new or
vacant position(s).
(c) Employees employed prior to 1 July 2014 in
the functions of Crematoriums and Cemeteries; Road Construction and
Maintenance; Sale Yards; Stores and Depots; and Trade Functions, whose ordinary hours of work are from Monday
to Friday shall not be compelled to agree to work ordinary hours of work on
Saturdays and/or Sundays.
(d) Employees employed prior to 1 July 2020 in
the functions of Building Surveyors; Engineering (Professional and Trainees);
Finance; Health Surveyors; Town Planning; and General Administration, whose
ordinary hours of work are from Monday to Friday shall not be compelled to
agree to work ordinary hours of work on Saturdays and/or Sundays.
(v) An employee’s commencement and/or
finishing times may be altered by agreement or by the employer with the
provision of reasonable notice where there are genuine operational or safety
reasons supporting the variation. For the purpose of this sub-clause, reasonable notice shall
be determined having regard to:
the employee’s personal
circumstances including any family and carer responsibilities; and
the needs of
the workplace, including any genuine operational or safety reasons.
Unless
otherwise agreed, at least two weeks prior to the proposed alteration the
employer shall provide the employee with the reasons for the proposed
alteration to commencement and/or finishing times in writing. At least one week prior to the proposed
alteration the employee shall provide reasons in writing if they do not agree
with the proposed alteration, provided that an employee shall not unreasonably
withhold agreement. In the event of a dispute, Clause 36, Grievance and
Disputes Procedures, shall apply.
This subclause
only applies in relation to changes to commencement and/or finishing times and
does not apply to changes in the days that an employee is required to work.
(vi) The day of a rostered day off can be
altered by mutual consent at any time and may be altered by the employer on two
weeks’ notice where there are genuine operational or safety reasons and the
alteration does not unreasonably disadvantage the employee. Where an employee
works on a rostered day off, subclause 20A, Overtime, shall apply.
(vii) An employee will not be required to work
more than five (5) hours without receiving an unpaid meal break of at least 30
minutes. Thereafter, a paid meal break not exceeding 20 minutes shall be given and taken
after a further five hours continuous work. By agreement, or in the case of
unforeseen circumstances (including where the taking of the meal break would
cause unreasonable interference in operations), the meal break may be delayed
and shall be taken as soon as practicable, subject to the observance of
appropriate work health and safety standards.
(viii) Ordinary hours of work shall not exceed
twelve (12) hours in any one-day exclusive of unpaid
meal breaks.
B.
SATURDAY AND SUNDAY WORK
(i) Except as otherwise
provided, ordinary hours worked on a Saturday shall attract a 25% penalty in
addition to the ordinary hourly rate of pay and ordinary hours worked on a
Sunday shall attract a 50% penalty in addition to the ordinary hourly rate of
pay.
(ii) The ordinary hours worked by employees
engaged in the following functions shall attract a 50% penalty in addition to
the ordinary hourly rate of pay for work on a Saturday and a 100% penalty in
addition to the ordinary hourly rate of pay for work on a Sunday:
Beach inspectors;
Cleaning;
Crematoriums
and Cemeteries;
Garbage;
Mechanical
Trades (Workshops);
Parks and Reserves;
Rangers and
parking officers;
Road
Construction and Maintenance;
Sale Yards;
Sanitary;
Sewerage;
Stores and Depots;
Sullage;
Trade
functions:
Waste; and
Water
(iii) An employee may request to work ordinary
hours on a Saturday and/or a Sunday in lieu of the ordinary hours the employee
would otherwise be rostered to work.
(a) An employee’s request must be in writing
and must outline a period within which the arrangement is to be reviewed;
(b) The employer will not unreasonably
withhold agreement to such a request;
(c) Any such agreement shall not apply to new
or vacant provisions;
(d) Where an employee requests to work
ordinary hours on a Saturday and/or a Sunday under the provisions of this
subclause, the employer shall not be required to pay the penalty rate provided
by paragraphs (i) and/or (ii).
C.
SHIFT WORK
(i) Except as otherwise provided ordinary
hours worked outside the span of 6:00am to 6:00pm Monday to Friday shall
attract a 20% shift penalty in addition to the ordinary hourly rate of pay for
the actual time worked outside the span of hours specified in this subclause.
(ii) Subject to paragraph 19C(iii), employees
engaged in the following functions will be entitled to a 20% shift penalty in
addition to the ordinary hourly rate of pay for the actual time worked outside
the following times:
Aerodromes
|
5:00am to 10:00pm
|
Caretakers
|
5:00am to 10:00pm
|
Childcare and
community care
|
5:00am to 8:00pm
|
Cleaners
|
5:00am to 9:00pm
|
Entertainment,
Events, Theatres and Hospitality
|
5:00am to 11:00pm
|
Libraries
|
8:00am to 9:00pm
|
Leisure Centres
|
5:00am to 11:00pm
|
Media and
communication
|
5:00am to 11:00pm
|
Museums and
galleries
|
5:00am to 9:00pm
|
Parking Station
Attendants
|
6:00am to 10:00pm
|
Pools
|
5:00am to 11:00pm
|
Rangers and
parking officers
|
5:00am to 10:00pm
|
Security/watchpersons
|
5:00am to 10:00pm
|
(iii) Notwithstanding the provisions in
subparagraph 19(c)(ii), employees employed prior to 1 July 2020 in the
following functions shall retain their entitlement to a shift penalty in
addition to their ordinary hourly rate of pay as it existed under the Local
Government (State) Award 2017:
(a) Childcare and community care;
(b) Entertainment, Events, Theatres and Hospitality;
(c) Media and communication; and
(d) Museums and galleries
(iv) Shift penalties shall be payable for
ordinary work performed between Monday and Friday and shall not be paid on weekends.
(v) With the exception of staff engaged in
the function of street sweeping, employees in receipt of the Level 2 Adverse
Working Conditions allowance provided under clause 16(ii) of this Award shall
not also receive shift penalties for work performed outside the hours of 6:00am
to 6:00pm Monday to Friday as provided by paragraph (i).
(vi) An employee may request to work ordinary
hours outside the span of 6:00am and 6:00pm or any of the other spans detailed
in paragraph 19C(ii), in lieu of the ordinary hours the employee would
otherwise be rostered to work.
(a) An employee’s request must be in writing
and must outline a period within which the arrangement is to be reviewed;
(b) The employer will not unreasonably withhold
agreement to such a request;
(c) Any such agreement shall not apply to new
or vacant positions;
(d) Where an employee requests to work
ordinary hours outside the relevant span of hours the employer shall not be
required to pay a shift penalty for the actual time worked.
D. FACILITATIVE PROVISIONS
The employer and the
Union may agree on hours of work, weekend penalties and shift penalties other
than those prescribed in this clause.
20.
Overtime
A.
GENERAL
(i) Except where otherwise provided all time
worked by direction before the agreed commencement of ordinary hours, or later
than the agreed completion of ordinary hours, shall be paid for at the rate of
time and a half for the first two hours and double time thereafter.
(ii) Overtime worked on Saturday shall be paid
for at the rate of time and a half for the first two hours and double time thereafter, provided any overtime worked after 12 noon
Saturday shall be at double time.
(iii) Overtime worked on Sunday shall be paid for
at the rate of double time.
(iv) Overtime shall be claimed within 30 days of
it being worked. The employer shall keep a record of such overtime. Accrued
time in lieu of overtime shall not be forfeited and shall be paid at the
appropriate overtime rate on termination or at other agreed time.
(v) An employee (other than a casual) who:
(a) works four or more hours overtime after
the completion of an ordinary shift and does not receive ten (10) consecutive
hours off duty in the fourteen (14) hours immediately preceding the
commencement of their next ordinary shift, or
(b) works overtime after the completion of two
consecutive ordinary shifts without receiving ten (10) consecutive hours off
duty,
shall be released
after the completion of such overtime until they have had ten consecutive hours
off duty without loss of pay for ordinary working time occurring during such
absence.
If an employee
is instructed to resume work without receiving the ten consecutive hours off
duty, the employee shall be paid at double ordinary rates until released from
duty and then shall be entitled to a ten-hour break without loss of pay.
Remote
response - This subclause shall not apply where an employee works for less than
four hours remote response on any one day.
(vi)
(a) Where there is prior agreement between
the employer and the employee, an employee directed to work in excess of
ordinary hours may elect either to be paid the appropriate overtime rate or be
granted time in lieu equivalent to the actual hours worked.
(b) The employer may direct an employee to
take accrued time in lieu of overtime by the giving of at least two (2) weeks’
notice in the following circumstances:
(1) Where the employee has accumulated in excess of one (1) weeks’ time in lieu of overtime or,
(2) A period of annual close
down of up to and including two (2) weeks where the employee does not
have sufficient annual leave to cover the relevant close down period. The employer shall be able to rely on this
provision prior to considering the provision of meaningful alternate duties.
(c) Time in lieu of overtime accruals
standing to an employee’s credit on termination of employment shall be paid at
the appropriate overtime rate.
(vii) Employees classified in the Executive Band 4
of this Award may be required, in addition to their ordinary hours, to attend
meetings of council and standing and/or special committee meetings. For the purpose of this subclause, an employee who is
required to attend meetings of the council and standing and/or special
committee meetings shall be entitled to claim overtime for actual hours worked
after 11:00 pm.
(viii)
(a) Subject to paragraph (b), the employer
may require an employee to work reasonable overtime at overtime rates.
(b) An employee may refuse to work overtime in
circumstances where the working of such overtime would result in the employee
working hours which are unreasonable.
(c) For the purposes of paragraph (b), what
is unreasonable or otherwise will be determined having regard to:
any risk to the
employee;
the employee’s
personal circumstances including any family and carer responsibilities;
the needs of
the workplace;
the notice, if any,
given by the employer of the overtime and by the employee of their intention to
refuse it; and
any
other matter.
b.
Excess hours AGREEMENTS
(i) Subject to subclause (ii) of this clause,
the employer and an individual employee in Professional/Specialist Band 3 or
Executive Band 4 may agree to an ‘Excess Hours Agreement’ whereby the employee
is paid an allowance of at least ten (10) percent of the employee’s weekly
salary system rate of pay in substitution for all overtime penalties under this
Award.
(ii) An employee shall be entitled to overtime
in accordance with subclause 20A of this Award where the employee is directed
to work additional hours that are in excess of the hours of work reasonably
contemplated by the employer and the employee at the time the Excess Hours
Agreement was made. The hours of work reasonably contemplated by the employer
and the employee shall be determined having regard to the quantum of the
allowance paid.
(iii) Where the employer and an engineering
professional employee who satisfies the eligibility criteria for payment of the
civil liability allowance at subclause 16(xv) of this Award agree to an Excess
Hours Agreement, the employee shall continue to be paid the civil liability
allowance in addition to any allowance that is payable under the Excess Hours
Agreement.
(iv) An Excess Hours Agreement is subject to the
following conditions:
(a) An employee who can demonstrate that they
are required to routinely work unpaid additional hours in
order to fulfil the requirements of their position has the right to
request, in writing, to enter into an Excess Hours Agreement. Where the
employer does not agree to the request the employer shall discuss the request
with the employee with a view to reaching agreement on:
(1) reasonable ways to reduce the excess
unpaid hours or
(2) alternative ways of compensating the
employee for the excess hours.
In the event that no agreement is reached, the employer
shall advise the employee, in writing, of the arrangements that will be made so
that they are no longer required to work the excess hours.
(b) The employer and the individual employee must
have genuinely made the Excess Hours agreement without coercion or duress.
(c) The Excess Hours Agreement must:
(1) be in writing;
(2) name the parties to the agreement and be
signed by the employer and the individual employee;
(3) result in the employee being better off
overall in comparison to the Award at the time the agreement is made than the
employee would have been if no Excess Hours Agreement had been agreed to;
(4) state the date the agreement commences to
operate.
(d) The employee shall work such reasonable
hours as are necessary to carry out the duties and functions of the position
and the employee’s obligations under their contract of employment, provided
that the employee may refuse to work additional hours in circumstances where the
working of such additional hours would result in the employee working hours
which are unreasonable. For the purposes of this subclause, what is
unreasonable or otherwise will be determined having regard to:
any risk to the
employee;
the employee’s
personal circumstances including any family and carer responsibilities;
the needs of
the workplace;
the notice, if
any, given by the employer of the requirement for the employee to work
additional hours and by the employee of their intention to refuse it; and
any other
matter.
(e) The employer may require the employee to
attend work for the employer during core business hours and to attend meetings
of the council/employer and standing and/or special committee meetings,
provided that such requirement does not result in the employee working hours
which are unreasonable.
(f) The employer must give the individual
employee a copy of the agreement and keep the original signed agreement as a
time and wages record.
(g) An employer seeking to enter into an
agreement under this clause must provide a written proposal to the employee.
Where the employee’s understanding of written English is limited the employer
must take measures, including translation into an appropriate language, to
ensure the employee understands the proposal.
(v) An Excess Hours Agreement may be
terminated:
(a) by
the employer or the individual employee giving 28 days’ notice of termination, in
writing, to the other party and the agreement ceasing to operate at the end of
the notice period; or
(b) at any time, by written agreement between
the employer and the individual employee.
(vi) The allowance paid under this clause shall
be paid for all purposes of the Award but shall not attract any penalty.
C. ON
CALL
(i) For the purposes of this Award, an
employee shall be deemed to be on-call if required by the employer to be
available for duty outside of ordinary hours at all times in order to attend
emergency and/or breakdown work and/or supervise the call-out of other
employees.
(ii) Employees who are required to be on-call
are not required to remain at their usual place of residence or other place appointed by the employer. However, an on-call
employee must be able to be contacted and be able to respond in a timely
manner. Employees who are unable to
respond in a timely manner may at the discretion of the employer be removed
from an on-call roster.
(iii) Employees required to be on call on days
when they would ordinarily work, or would have ordinarily worked but for a
public holiday, in accordance with Clause 19, Hours of Work, shall be paid an
on call allowance at a rate set out in Table 2 of Part B of this Award for each
such day the employee is required to be on call.
(iv) Employees required to be on call on days
other than their ordinary working days shall be paid an on-call allowance at a
rate set out in Table 2 of Part B of this award for each such day the employee
is required to be on call.
(v) Provided that the on-call allowances in
paragraphs (iii) and (iv) of this subclause shall not total more than the rate
set out in Table 2 of Part B of this award for any one week.
(vi) Employees on call who are required to work
outside their ordinary hours shall be entitled to be paid overtime at the
appropriate rate for the actual time worked.
Subject to paragraph 20C(vii), actual time worked shall be deemed to
include ‘travelling time’ by the most direct route from:
(a) the location where an employee departs to
the place of overtime work, and
(b) the place of overtime work to the
employee’s normal place of residence.
(vii) Where an employee resides outside of the
employer’s local government area, the employer and employee may agree, in writing,
that the ‘travelling time’ to and from the place of overtime work commences and
ends at the boundary of the employer’s local government area, provided that an
employee who was required to be included on the on-call roster as at 1 July
2020 and whose residence was located outside of the employer’s local government
area shall not suffer any reduction to their award entitlement for recognition
of travel time while the employee continues to reside at that residence.
(viii) On call employees are not subject to the
minimum payment provisions of a public holiday. For each public holiday an
employee is required to be on-call, the employee shall be granted one-half
day’s leave to be taken at an agreed time, provided that where there is prior
agreement the employer may pay the employee an additional one-half day’s pay in
lieu of the one-half day’s leave.
D.
CALL BACK
(i) For the purposes of this Award, an
employee shall be deemed to be on a call back if the employee is recalled to work overtime without receiving notice before ceasing
work.
(ii) Any employee who is called back to work as
defined in subclause (i) shall be paid for a minimum
of four hours work at the appropriate overtime rate for each time so recalled.
Provided that any subsequent call backs occurring within a four
hour period of a call back shall not attract any additional payment. An
employee working on a call back shall be paid the appropriate overtime rate
from the time that such employee departs for work.
Except in the
case of unforeseen circumstances arising, the employee shall not be required to
work the full four hours if the job that the employee was recalled to perform is completed within a shorter period. This
subclause shall not apply in cases where the call back is continuous subject to
a reasonable meal break with the commencement of ordinary hours.
E. REMOTE RESPONSE
(i) An employee who is in receipt of an on call allowance and available to immediately:
(a) respond to phone calls or messages;
(b) provide advice (‘phone fixes’);
(c) arrange call out/rosters of other
employees; and
(d) remotely monitor and/or address issues by
remote telephone and/or computer access,
will be paid
the applicable overtime rate for the time actually taken in dealing with each
particular matter, except where the employee is recalled to work (Note:
paragraph 20C(vi) applies where an on-call employee is recalled to work).
(ii) An employee remotely responding will be
required to maintain and provide to the employer a time sheet of the length of
time taken in dealing with each matter remotely for each day commencing from
the first remote response. The total overtime paid to an employee for all time
remotely responding in any day commencing from the first response will be rounded
up to the nearest 15 minutes.
(iii) The employer may, by agreement, make an
average payment equivalent to an agreed period of time
per week where the employee is regularly required to remotely respond as
defined in paragraph (i) of this subclause.
21.
Holidays
A.
GENERAL
(i) The days on which holidays shall be
observed are as follows: New Years' Day; Australia Day; Good Friday; Easter Saturday;
Easter Sunday; Easter Monday; Anzac Day; Queen's Birthday; Labour Day;
Christmas Day; Boxing Day and all locally proclaimed holidays within the
council's area, and all special days proclaimed as holidays to be observed
throughout the whole of the State of NSW.
(ii) In addition to paragraph (i), employees who are Aboriginal and Torres Strait
Islanders shall be entitled to one day during NAIDOC week so that they can
participate in National Aboriginal and Islander Day celebrations. Eligible employees shall provide the employer
with at least seven (7) days’ notice of their intention to take the holiday in
accordance with this subclause, provided that if less than seven (7) days’
notice is given such leave shall not be unreasonably refused.
(iii) Where any of the holidays prescribed by
this Award fall on a day ordinarily worked by the employee, the employee shall
not have a reduction in ordinary pay.
(iv) Except as otherwise provided, where an
employee is required to work on a holiday as prescribed by this award, the
employee shall be paid at double time and a half inclusive of payment for the
day with a minimum payment of four hours worked.
(v) All employees classified in the
Operational Band 1 of this Award employed in garbage, sanitary and sullage
(other than the supervisor) who are required to work on Good Friday or
Christmas Day shall be paid at triple time inclusive of payment for the day
with a minimum payment of four hours work.
(vi) Where an employee is required to work
ordinary hours on a holiday as prescribed by this Award, the employer and the
employee may agree that the employee be paid time and a half for the hours
worked on a holiday and in addition, be granted equivalent time off in lieu to
be paid at ordinary time for each holiday worked. Such leave shall be taken at
a mutually convenient time.
(vii) If a rostered day off falls on a public
holiday as prescribed in paragraph 21A(i), the next
working day will be substituted, or another day by agreement, except for
employees engaged on a seven (7) day a week rotating roster system.
(viii) An employee who prior to the operative date
of this award was entitled to move a day off which was not a rostered day off
where it fell on a public holiday shall retain that right.
(ix) The employer may direct an employee to take
accrued time in lieu for work on a public holiday by the giving of at least two
(2) weeks’ notice in the following circumstances:
(a) Where the employee has accumulated in excess of one (1) weeks’ time in lieu for work on a public
holiday, or where the employee has accumulated a total of in excess of one (1)
weeks’ time in lieu when combining:
(1) time in lieu for work on public
holiday’s; and
(2) time in lieu of overtime under subparagraph
20A(vi)(a).
(b) A period of annual close
down of up to and including two (2) weeks where the employee does not
have sufficient annual leave to cover the relevant close down period. The employer shall be able to rely on this
provision prior to considering the provision of meaningful alternate duties.
B.
UNION PICNIC DAY
(i) Union Picnic Day shall for the purposes
of this Award be regarded as a holiday for employees who are financial members
of the union(s). The Union Picnic Day shall be on such day as is agreed between
the employer and the union(s).
(ii) The union(s) shall advise the employer of
financial members as at the time of the Union Picnic Day. Such advice must be
given at least two weeks prior to the Union Picnic Day.
(iii) Employees who are not financial members of
the union(s) and who are required to work on Union Picnic Day, shall be paid
ordinary pay for their normal working day.
(iv) Employees who are not financial members of
the union(s) and who are not required to work on Union Picnic Day, may apply to
the employer to take annual leave, long service leave, time off in lieu of
overtime, leave without pay, such other leave as may be approved by the
employer, or may be required by the employer to make up time.
22. Leave Provisions
A. SICK LEAVE
(i) Employees who are unable due to illness
or injury to attend for duty shall be entitled during each year of service to
sick leave of 3 weeks at the ordinary rate of pay.
(ii) Where a person is employed on a fixed-term
or temporary basis of less than twelve (12) months duration the employee shall
be entitled to one (1) weeks sick leave on commencement. The employee shall be entitled to a further
one (1) weeks sick leave after each four (4) months of continuous service.
(iii) The entitlement to sick leave is subject to
the employer being satisfied that the illness or injury;
(a) is such that it justifies the time off;
and
(b) does not arise from engaging in other
employment.
(iv) The employer may require an employee to
provide proof that the illness or injury is such that it justifies the time off
work, subject to the following:
(a) In each year of service proof of illness
or injury to justify payment shall not be required for the first 3 separate
periods of absence, provided such periods are not more than 2 working days,
unless:
(1) It is reasonable for the employer to
require the employee to provide proof of illness or injury having regard to the
employee’s pattern of sick and/or amount of sick leave taken by the employee,
and
(2) The employer has provided the employee
with prior written notice of the requirement to provide proof of illness or
injury.
(b) The type of proof of injury or illness
required by the employer must be reasonable having regard to the circumstances
of the employer and the employee and may include, for example, certification
from a qualified medical/health practitioner registered with the appropriate
government authority or statutory declaration; and
(c) when requested, proof of illness shall
indicate the employee's inability to undertake their normal duties.
(v) The employer may require employees to
attend a qualified medical/health practitioner nominated by the employer at the
employer's cost.
(vi) Sick leave shall accumulate from year to
year so that any balance of leave not taken in any one year may be taken in a
subsequent year or years.
(vii) The employer may, at its discretion, grant
an employee sick leave at half pay if satisfied that extenuating circumstances
exist. Where a public holiday falls
during a period of sick leave at half pay, the public holiday shall also be
paid at half pay. Further, all
entitlements shall accrue during periods of sick leave at half pay on a
proportionate basis.
(viii) Accumulated sick leave shall be transferable
on change of employment from employer to employer within New South Wales up to
13 weeks, provided that an employee shall only be entitled to transfer sick
leave accumulated since the employee's last anniversary date on a pro-rata
basis. Such accumulated sick leave shall only be transferable if the period of
cessation of service with the employer and appointment to the service of
another employer does not exceed three months. The sick leave entitlement transferred
shall not exceed the maximum amount transferable as prescribed by the
appropriate award at the time of transfer.
(ix) Where an employee has had five (5) years'
service with the present employer and the sick leave entitlement as prescribed
has been exhausted, that employer may grant such additional sick leave as, in
its opinion, the circumstances may warrant.
(x) Section 50 of the Workers Compensation Act 1987 (NSW) dealing with the relationship
between sick leave and workers compensation applies.
(xi) Where an employee had an entitlement under
awards rescinded and replaced by this Award for the payment of unused sick
leave arising out of the termination of employment due to ill-health or death
and where such entitlement existed as at 15 February 1993 the following
provisions shall apply
(a) In the event of the termination of
service of an employee on account of ill health and the employer is satisfied
that such ill-health renders the employee unable in the future to perform the
duties of such appointed classification, the termination shall not be effected
earlier than the date on which the employee's credit of leave at full pay shall
be exhausted unless the employee is paid any accrued sick leave at full pay to
which such employee would be entitled under this clause.
(b) When the service of an employee is
terminated by death, the employer shall pay to the employee's estate, the monetary
equivalent of any untaken sick leave standing to the employee's credit at the
time of death.
(c) Payment under this clause is limited to
sick leave calculated to retirement age in accordance with relevant legislation
and shall not be payable if the injury or illness arises out of or in the
course of employment such that it is compensable under the Workers Compensation Act 1987 (NSW).
(d) For the purposes of this subclause such
entitlement to payment of untaken sick leave shall be paid be in accordance
with clause 14 of Schedule 4 of the Industrial
Relations Act 1996 (NSW).
(xii) This sub-clause applies where an employer is
satisfied that an employee has a terminal
illness being a diagnosed disease or condition which cannot be cured and is
likely to lead to death. The sub-clause
is also limited in application to those employees who are not covered by
subclause (xi) above. In the event that
such an employee is unable to attend work or perform the duties of the position
in the foreseeable future on account of their condition, then the employee
shall be entitled to request continued access to the employee’s accrued sick
leave until the leave is exhausted, the employee dies or the employee uses 48
weeks of accrued sick leave whichever occurs first. The employer shall not
unreasonably refuse such a request.
B. CARER'S LEAVE
(i) Use of Sick Leave: An employee, other than
a casual employee, with responsibilities in relation to a class of person set
out in subclause (v)(b) below who needs the employee's care and support shall
be entitled to use, in accordance with this subclause, any current or accrued
sick leave entitlement, provided for at subclause 22A, Sick Leave, of this
Award, for absences to provide care and support for such persons when they are
ill, or who require care due to an unexpected emergency. Such leave may be
taken for part of a single day.
(ii)
(a) Carer’s leave is not intended to be used
for long term, ongoing care. In such cases, the employee is obligated to
investigate appropriate care arrangements where these are reasonably available.
(b) Where more than two weeks sick leave in
any year of service is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
(c) Where the parties are unable to reach
agreement the grievance and disputes procedures at Clause 36 of this Award
should be followed.
(iii) In normal circumstances, an employee must
not take carer's leave under this clause where another person has taken leave
to care for the same person.
(iv) The employer may require the employee to
provide proof of the need for carer’s leave as follows:
(a) Less than two weeks - Where less than two
weeks sick leave in any year of service is sought to be used for caring
purposes the employer may require the employee to establish either by
production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person; or
(b) More than two weeks - Where more than two
weeks sick leave in any year of service is sought to be used for caring
purposes the employer may require the employee to produce a medical certificate
from a qualified medical/health practitioner showing the nature of illness of
the person concerned and such other information as may be reasonably necessary
to demonstrate that the illness is such as to require care by the employee and
that no other appropriate care arrangements are reasonably available, or
(c) establish by production of documentation
acceptable to the employer or a statutory declaration, the nature of the
emergency and that such emergency resulted in the person concerned requiring
care by the employee.
(v) The entitlement to use sick leave in accordance
with this subclause is subject to:
(a) the employee being responsible for the
care of the person concerned; and
(b) the person concerned being:
(1) a spouse of the employee; or
(2) a de facto spouse, who, in relation to a
person, is a person of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person, or
(3) a child or an adult child (including an
adopted child, a step child, foster child or an ex nuptial child), parent
(including a foster parent, step parent and legal guardian), parents of spouse,
grandparent, grandchild or sibling (including half, foster and step sibling) of
the employee or spouse or de facto spouse of the employee; or
(4) a same sex partner who lives with the
employee as the de facto partner of that employee on a bona fide domestic
basis; or
(5) a relative of the employee who is a
member of the same household, where for the purposes of this paragraph:
(a) 'relative' means a person related by
blood, marriage or affinity;
(b) 'affinity' means a relationship that one
spouse because of marriage has to blood relatives of the other;
and
(c) 'household' means a family group living
in the same domestic dwelling.
(vi) An employee may elect, with the consent of
the employer, to take unpaid leave for the purpose of providing care and
support to a class of person set out in subparagraph (v)(b) above who is ill or
who requires care due to an unexpected emergency.
(vii) An employee shall, wherever practicable,
give the employer notice prior to the absence of the intention to take leave,
the name of the person requiring care and that person's relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such absence at
the first opportunity on the day of absence.
(viii) Carer’s Entitlement for Casual Employees
(a) Subject to the evidentiary and notice
requirements in paragraphs (iv) and (vii) casual employees are entitled to not
be available to attend work, or to leave work if they need to care for a person
prescribed in subclause (v)(b) of this clause who are sick and require care and
support, or who require care due to an unexpected emergency, or the birth of a
child.
(b) The employer and the employee shall agree
on the period for which the employee will be entitled to not be available to
attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The
casual employee is not entitled to any payment for the period of non-attendance.
(c) The employer must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this clause. The rights of the employer to engage or not to engage a casual
employee are otherwise not affected.
(ix) Time off in Lieu of Payment for Overtime:
An employee may, with the consent of the employer, elect to take time in lieu
of payment of overtime accumulated in accordance with the provisions of
subclause 20A of this Award for the purpose of providing care and support for a
person in accordance with paragraph (v) above.
(x) Make-up time: An employee may elect, with
the consent of the employer, to work 'make-up time', under which the employee
takes time off during ordinary hours, and works those hours at a later time, within
the spread of ordinary hours provided in the Award, at the ordinary rate of pay
for the purpose of providing care and support for a person in accordance with
paragraph (v) above.
(xi) Annual Leave and Leave Without Pay: An
employee may elect with the consent of the employer to take annual leave or
leave without pay for the purpose of providing care and support for a person in
accordance with paragraph (v) above. Such leave shall be taken in accordance
with subclause 22D, Annual Leave and subclause 22L, Special Leave of this
Award.
(xii) An employee, other than a casual employee,
with responsibilities for an assistance
animal, may in accordance with this subclause, use any current or accrued
sick leave entitlement, for absences where an assistance animal that is ill or
injured requires veterinary care.
For the
purposes of this subclause an ‘assistance animal’ is defined in a manner
consistent with section 9 of the Disability
Discrimination Act 1992 (Cth) to be guide dogs,
hearing assistance dogs and trained animals (excluding working dogs) that are
trained:
(a) to assist a person with a disability to
alleviate the effect of the disability; and
(b) to meet standards of hygiene and behaviour
that are appropriate for an animal in a public place.
C. EMERGENCY SERVICES LEAVE
(i) Subject to subclause (ii) of this clause,
an employee, other than a casual, who engages in a ‘voluntary emergency
management activity’ shall be entitled to up to five (5) days paid emergency
services leave per calendar year from their accrued sick leave balance to
participate in such activity.
(ii) An employee is not entitled to paid
emergency services leave under this clause if:
(a) the employee has less than 12 months continuous
service with the employer; or
(b) the taking of the emergency services leave
will result in the employee having an accumulated sick leave balance of less
than three (3) weeks.
Note: An
employee who does not qualify for Emergency Services Leave under this clause
may apply for special leave under subclause 22L of this Award.
(iii) For the purposes of this clause, an
employee engages in a ‘voluntary emergency management activity’ if, and only
if:
(a) the employee engages in an activity that
involves dealing with an emergency or natural disaster; and
(b) the employee engages in the activity on a
voluntary basis (Note: the activity is not on a voluntary basis if the employee
receives remuneration from the recognised emergency management body for lost
wages or salary); and
(c) the employee is a member of, or has a
member‑like association with, a recognised emergency management body; and
(d) either:
(1) the employee was requested by or on
behalf of the body to engage in the activity; or
(2) no such request was made, but it would be
reasonable to expect that, if the circumstances had permitted the making of
such a request, it is likely that such a request would have been made.
(iv) For the purposes of this clause, a
‘recognised emergency management body’ is:
(a) a body, or part of a body, that has a
role or function under a plan that:
(1) is for coping with emergencies and/or
disasters; and
(2) is prepared by the Commonwealth, a State or a Territory; or
(3) a fire-fighting,
civil defence or rescue body, or part of such a body; or
(b) any other body, or part of a body, a
substantial purpose of which involves:
(1) securing the safety of persons or animals
in an emergency or natural disaster; or
(2) protecting property in an emergency or
natural disaster; or
(3) otherwise responding to an emergency or
natural disaster.
(v) For the purposes of this clause, an
‘emergency’ means an event, actual or imminent, which endangers or threaten to
endanger life, property or the environment and which
requires a significant and coordinated response.
(vi) The employer may require proof of
participation in the voluntary emergency management activity to justify payment
under this clause.
D.
ANNUAL LEAVE
Amount of Annual
Leave
(i) For each year of service an employee
(other than a casual) is entitled to:
(a) 4 weeks of paid annual leave; or
(b) 5 weeks of paid annual leave if the
employee is regularly required to work a seven day a week rotating roster
system.
Accrual of leave
(ii)
(a) An employee’s entitlement to paid annual
leave accrues progressively during a year of service according to the
employee’s ordinary hours of work, and accumulates
from year to year.
(b) Paid annual leave accrues up to when the
employment ends.
Taking paid annual
leave
(iii) Unless otherwise provided, paid annual
leave may be taken for a period agreed between the employee and the employer.
(iv) The employer must not unreasonably refuse
to agree to a request by the employee to take paid annual leave.
Annual
leave at full pay, half pay or double pay
(v)
(a) This
subclause applies to an employee who is an employee of a ‘council’ within the
meaning of the Local Government Act
1993 (NSW).
(b) An
employee who is entitled to annual leave may, with the consent of the employer,
take annual leave:
(1) on
full pay; or
(2) on
half pay; or
(3) on
double pay.
(c) When
an employee takes annual leave, the leave entitlement will be deducted on the
following basis:
(1) a
period of leave on full pay - the number of days so taken; or
(2) a
period of leave on half pay - half the number of days so taken; or
(3) a
period of leave on double pay - twice the number of days so taken.
(d) When
an employee takes annual leave, the period of service for the purpose of leave
accruals shall be as follows:
(1) a
period of leave on full pay - the number of days so taken; or
(2) a
period of leave on half pay - half the number of days so taken; or
(3) a
period of leave on double pay - the number of days so taken.
(e) The
entitlement to taken annual leave at double pay is only available to an
employee if, after taking the period of leave, the employee will have an
accrued annual leave entitlement of not less than four (4) weeks.
(f) Employees
that take annual leave at half pay or double pay shall not be disadvantaged nor
obtain a windfall gain in relation to superannuation contributions.
Payment in lieu of annual leave
(vi)
(a) This
subclause applies to an employee who is an employee of a ‘council’ within the
meaning of the Local Government Act
1993 (NSW).
(b) An
employee and an employer may agree to a payment in lieu of a period of annual
leave to which the employee is entitled only if:
(1) after
the payment the employee will have an accrued annual leave entitlement of not
less than four (4) weeks; and
(2) the
payment in lieu of a period of annual leave is not less than the employee’s
ordinary pay.
(c) Periods of annual leave that are cashed
out shall not attract any accruals.
(d) Employees that are paid in lieu of annual
leave shall not be disadvantaged nor obtain a windfall gain in relation to
superannuation contributions.
Requirement to take
annual leave
(vii) The employer may direct an employee to take
annual leave by giving at least four weeks prior notification in the following
circumstances:
(a) where the employee has accumulated in excess of eight weeks annual leave
(b) a period of annual close-down of up to and
including two (2) weeks.
Provided that:
(1) Where an employee has accrued more annual
leave than the period of the annual close down, the
balance of such leave shall be taken in accordance with subclause (i) of this clause.
(2) In the case of employees who are not
entitled to annual leave or do not have an entitlement sufficient to cover the
period of the close-down, the employer shall endeavour to provide meaningful
duties as are within the limits of the employee's skill, competence and
training for the whole or part of the close-down.
(3) In the event that meaningful duties are
not available the employee may be directed to take leave without pay, or by
agreement with the employer may take annual leave in advance of the entitlement
provided that in the event of the employee leaving employment before the
entitlement becomes due, such annual leave shall be repaid by a deduction from
the employee's termination pay.
(4) In the event that leave without pay is
directed to be taken, such leave shall be regarded as service for the purpose
of the accrual of long service leave, sick leave and
annual leave.
(5) Any arrangements concerning annual close down made under previous Awards will continue to apply
unless otherwise agreed, provided that any request to change the arrangement
shall not be unreasonably refused.
Employee not taken
to be on paid annual leave on Public Holidays
(viii) If the period during which an employee takes
paid annual leave includes a day or part‑day that is a declared public
holiday in the place where the employee is based for work purposes, the
employee is taken not to be on paid annual leave on that declared public
holiday.
Payment for annual
leave
(ix) Unless otherwise provided, if an employee
takes a period of paid annual leave, the employer must pay the employee at the
employee’s ordinary rate of pay for the period of annual leave either before
the commencement of the employee’s annual leave, or by agreement through the
usual pay periods.
Resignation or
termination of employment
(x) On resignation or termination of
employment, the employer shall pay to the employee their ordinary rate of pay
for all accrued untaken annual leave.
Varying rates of pay
(xi) Where an employee receives a varying rate
of pay for 6 months or more in the aggregate in the preceding 12 month period,
the employee's ordinary rate of pay shall be deemed to be the average weekly
rate of pay earned during the period actually worked over the 12 months
immediately preceding the annual leave or the right to payment under this
clause.
E.
LONG SERVICE LEAVE
(i)
(a) An employee shall be entitled to Long
Service Leave at the ordinary rate of pay as follows:
LENGTH OF SERVICE
|
ENTITLEMENT
|
After 5 years'
service
|
6.5 weeks
|
After 10 years'
service
|
13 weeks
|
After 15 years'
service
|
19.5 weeks
|
After 20 years'
service
|
30.5 weeks
|
For every
completed period of 5 years' service thereafter
|
11 weeks
|
(b) Where an employee has completed more than
five years’ service with the employer and is terminated for any cause, long
service leave shall be deemed to have accrued for the employee's total length
of service and an amount equivalent to such long service leave, less such leave
already taken, computed in monthly periods and equivalent to 1.3 weeks for each
year of service up to 15 years and 2.2 weeks for each year of service from 15
years onwards.
(c) Where an employee has completed more than
five (5) years of service with the employer, the employee shall be entitled to
apply for long service leave accrued between each completed five (5) years of
service on a pro rata basis calculated monthly. Such an application shall not
be unreasonably refused.
(ii)
(a) An employee who is entitled to long
service leave may, with the consent of the employer, take long service leave:
(1) on full pay; or
(2) on half pay; or
(3) on double pay.
(b) When an employee takes long service leave,
the leave entitlement will be deducted on the following basis:
(1) a period of leave on full pay - the
number of days so taken; or
(2) a period of leave on half pay - half the
number of days so taken; or
(3) a period of leave on double pay - twice
the number of days so taken.
(c) When an employee takes long service
leave, the period of service for the purpose of leave accruals shall be as
follows:
(1) a period of leave on full pay - the
number of days so taken; or
(2) a period of leave on half pay - half the
number of days so taken; or
(3) a period of leave on double pay - the
number of days so taken.
(d) Employees that take long service leave at
half pay or double pay shall not be disadvantaged nor obtain a windfall gain in
relation to superannuation contributions.
(iii)
(a) Long service leave shall be taken at a
time mutually convenient to the employer and employee, provided that all long
service leave accruing on or after 23 June 1988 shall be taken within five
years of it falling due. The employer may direct an employee to take long
service leave accrued on or after 23 June 1988 and not taken within five years
of it falling due provided that at least four weeks’ notice is given to the
employee.
(b) Payment to an employee proceeding on long
service leave shall be made by the employer at the employee’s ordinary rate of
pay calculated according to how the leave is taken (i.e. either full, half, or
double ordinary pay) for the period of long service leave either before the
commencement of the employee’s long service leave, or by agreement through the
usual pay periods.
(c) Where an employee receives a varying rate of pay for 6 months or more in
the aggregate in the preceding 12 month period, the employee's ordinary rate of
pay shall be deemed to be the average weekly rate of pay earned during the
period actually worked over the 12 months immediately preceding the long
service leave or the right to payment under this subclause.
(d) An employee who has become entitled to a
period of leave and the employee's employment is terminated by resignation,
death or dismissal for any cause shall be deemed to have entered upon leave at
the date of termination of the employment and shall be entitled to payment
accordingly.
(iv)
(a) For the purpose of calculating long
service leave entitlement in accordance with subclause (i)
of this clause all prior continuous service with any other employer within New
South Wales shall be deemed to be service with the employer by which the
employee is currently employed.
(b) Continuity of service shall be deemed not
to have been broken by transfer or change of employment from one employer to
another provided the period between cessation of service with one employer and
appointment to the service of another employer does not exceed three months and
such period is covered by accrued annual and long service leave standing to the
credit of the employee at the time of the transfer, provided further that the
employee concerned does not engage in work of any kind during the period of
paid leave between the cessation of service with one employer and appointment
to the service of another employer.
(v) (a) An
employee who is entitled to long service leave, may, with the consent of the
employer, cash out a particular amount of Excess Long Service Leave. Excess
long Service Leave means the long service leave that an employee has accrued
under the Award that is in excess of the long service leave that the employee
would have accrued if covered by section 4 of the Long Service Leave Act 1955, (the "LSL Act"). For the purpose of this subclause, long service leave is
deemed to accrue under the LSL Act at the rate of 0.867 weeks per year of
service.
(b) Each cashing out of a particular amount of
Excess Long Service Leave must be by separate agreement between the employer
and the employee.
(vi) For the purpose of this clause, service
shall include the following periods: -
(a) Any period of service with any of Her
Majesty's Forces provided that the employee enlisted or was called up direct
from the service of the employer.
(b) In the case of an employee, transferred to
the service of an employer of a new or altered area - any period of service
with the employer from which such employee was transferred.
(c) Service shall mean all service with the
employer irrespective of the classification under which the employee was
employed.
(vii) There shall be deducted in the calculation
of the employee's service all leave of absence without payment not specifically
acknowledged and accepted by the employer as service at the time leave was
taken.
(viii) When an employee transfers from one employer
to another, the former employer shall pay to the newly employing employer the
monetary equivalent of all long service leave accruing to the employee at the
time of transfer, up to a maximum of five (5) years of accrual, calculated at
the rate(s) of accrual applying to leave accrued in the five (5) years
immediately prior to the transfer. By
agreement between the former employer and the newly employing employer, more
than the monetary equivalent of five (5) years of accrued long service leave
may be transferred. However, an employee who at the time of transfer has
completed at least five years continuous service may elect to be paid the
monetary equivalent of the entitlement. Employees who at the time of transfer
elect to be paid the monetary equivalent of their long service leave
entitlement shall have that entitlement calculated by multiplying in completed
years and months their period of continuous service with the employer(s). A
statement showing all prior continuous service with the employer(s) of the
employee concerned shall be furnished together with details of the assessment
of the amount of money that shall be paid into a Long Service Leave Reserve
Account and appropriate notations made in the employer 's Long Service Leave
Record.
(ix) The employer which has received under
subclause (viii) of this clause a monetary equivalent of long service leave
entitlement to cover an employee's period of service with a previously
employing employer(s) shall if the employee subsequently leaves the service of
that employing employer to seek employment outside New South Wales Local
Government before a long service leave entitlement has become due, refund to
such previously employing employer (s) the amount paid.
(x) Long service leave shall be exclusive of
annual leave and any other holidays as prescribed by clause 21, Holidays of
this Award, occurring during the taking of any period of long service leave,
provided that where a public holiday falls during a period where the employee
has taken long service leave on half pay, the public holiday shall also be paid
at half pay.
(xi) When the service of an employee is
terminated by death the employer shall pay to the employee's estate the
monetary equivalent of any untaken long service leave standing to the
employee's credit at the time of the employee's decease.
(xii) Where an employee's service is terminated at
the end of a season or through shortage of work, material or finance or through
illness certified by a duly qualified medical practitioner and such employee is
re-employed by the same employer within 12 months of termination of service,
prior service shall be counted for the purpose of this clause.
F. Parental Leave (GENERAL)
Relationship with
federal legislation - Subclauses 22F, 22G, 22H and 22I of this Award shall
apply in addition to:
(i) Chapter 2, Part 2-2, Division 5 -
‘Parental leave and related entitlements’ of the National Employment Standard
(NES) under the Fair Work Act 2009 (Cth); and
(ii) the Paid
Parental Leave Act 2010 (Cth).
Note:
|
Division
5 of the Fair Work Act 2009 (Cth) relates to:
|
|
unpaid
parental leave, including unpaid adoption leave
|
|
unpaid
special maternity leave
|
|
transfer
to a safe job and no safe job leave
|
G. PAID PARENTAL LEAVE
(i) Definitions - in this clause:
(a) PPL instalments shall mean instalments
paid during the paid parental leave period under the Paid Parental Leave Act 2010 (Cth).
(b) parental leave make-up pay shall mean the
employee’s ordinary pay, inclusive of PPL instalments. Where an employee works a varying number of
ordinary hours for 6 months or more in the aggregate in the 12 month period
immediately preceding leave associated with the birth of a child, the
employee’s ordinary hours shall be deemed to be the average weekly number of
ordinary hours worked during the 12 month period.
(ii) Eligibility
This clause
shall apply to an employee who is receiving PPL instalments as a primary or
secondary claimant under the Paid
Parental Leave Act 2010 (Cth) and who has had 12
months continuous service with the employer immediately prior to the
commencement of paid parental leave.
(iii) Entitlement to parental leave make-up pay
(a) An employee shall be entitled to parental
leave make-up pay for the period that they are receiving PPL instalments, up to
a maximum of 18 weeks.
(b) The period of parental leave make-up pay
shall be counted as service for the purposes of long service, annual and sick
leave accruals and superannuation. Superannuation is
calculated on the employee’s ordinary rate of pay.
(c) Requalification period - An employee
shall not be entitled to a further period of parental leave make up pay unless
the employee has returned to work for the employer for at least 3 months since
their previous period of parental leave.
(iv) Employee’s right to choose
(a) An employee who satisfies the eligibility
criteria for paid maternity leave or paid special maternity leave under
subclause 19F, Paid Maternity Leave, of the Local Government (State) Award
2007, may elect to receive paid maternity leave and/or paid special maternity
leave (9 weeks full pay or 18 weeks half pay) in accordance with the provisions
of the Local Government (State) Award 2007 in lieu of the entitlement to
parental leave make-up pay under this Award, provided that the requalification
period in subclause (iii) above shall apply.
(b) This subclause shall not apply where
another employee of the employer receives parental leave make-up pay in
connection with the pregnancy or birth of the child.
H. CONCURRENT PARENTAL LEAVE
An employee, other
than a casual, who is a supporting parent shall be entitled to up to two weeks
paid concurrent parental leave from their accrued sick leave balance at the
time their partner gives birth to a child or at the time the employee adopts a
child provided that the employee has had 12 months continuous service with the
employer immediately prior to the commencement of their concurrent parental
leave.
I. ADOPTION LEAVE
(i) Eligibility
This clause
applies to an employee who is entitled to adoption-related leave under the Fair Work Act 2009 (Cth).
(ii) Pre-adoption Leave
(a) An employee, other than a casual, who is
entitled to unpaid pre-adoption leave under the Fair Work Act 2009 (Cth) is entitled to
up to 2 days paid pre-adoption leave at ordinary pay for the period of such
leave.
(b) An employee who is entitled to a period of
paid pre-adoption leave is entitled to take the leave as:
(1) single continuous period of up to 2 days;
or
(2) any separate periods to which the
employee and the employer agree.
(iii) Adoption Leave
(a) Subject to subclause (c), an employee,
other than a casual, who has or will have primary responsibility for the care of
an adopted child is entitled to paid adoption leave at ordinary pay from the
date the child is placed with the employee for adoption according to the
following scale:
AGE OF CHILD AT THE DATE OF PLACEMENT
|
ENTITLEMENT
|
Less than 5 years
of age
|
9 weeks full pay,
or
|
|
18 weeks half pay
|
Between 5 years of
age and less than 16 years of age
|
4 weeks full pay,
or
|
|
8 weeks half pay
|
(b) Notwithstanding the above, where the adopted
child is aged between 5 years of age and less than 16 years of age at the date
of placement with the employee and there are special needs and reasons in the
child’s life, the employer shall not unreasonably refuse to grant up to nine
weeks paid adoption leave at full pay or 18 weeks paid adoption leave at half
pay.
(c) An employee is not entitled to paid
adoption leave under this clause where the employee receives parental leave
make-up pay in connection with the adoption of the child.
(iv) Family reunion leave
(a) An employee, other than a casual, able to
establish that they were adopted under a "closed adoption" practice
shall be entitled to up to five (5) days family reunion leave from their
accumulated sick leave balance to reunite with their biological parent(s) for
the first time.
(b) For the purpose of this sub-clause
"closed adoption" means an adoption whereby the record of the
biological parent(s) is kept sealed and the adopted child is thereby prevented
from knowing the identity of such biological parent(s).
J. Bereavement
leave
(i) Subject to this clause, where an
employee, other than a casual, is absent from duty because of the death of a
person and provides satisfactory evidence to the employer of such, the employee
shall be entitled to bereavement leave as follows:
(a) Up to four days paid bereavement leave
upon the death of a member of the employee’s immediate family;
or
(b) Up to two days paid bereavement leave upon
the death of a member of the employee’s extended family;
(ii) For the purposes of this clause, immediate
family shall mean the following:
(a) a spouse or de facto partner of the employee;
(b) a child of the employee;
(c) a parent of the employee;
(d) a sibling of the employee;
(e) a grandchild of the employee;
(f) a child of the spouse or de facto partner
of the employee;
(g) a parent of the spouse or de facto partner
of the employee;
(h) a sibling of the spouse or de facto
partner of the employee;
(i) a grandchild of the spouse or de facto
partner of the employee;
(j) a member of the employee’s extended
family living in the same domestic dwelling as the employee.
(iii) For the purposes of this clause, extended
family shall mean the following:
(a) a niece of the employee;
(b) a nephew of the employee;
(c) an uncle of the employee;
(d) an aunt of the employee;
(e) a grandparent of the employee;
(f) a grandparent of the spouse or de facto
partner of the employee;
(g) the spouse or de facto partner of a
sibling of the employee;
(h) the spouse or de facto partner of the
employee’s child (son in law or daughter in law).
(iv) The employer may grant an employee additional
bereavement leave if satisfied that extenuating circumstances exist.
(v) Bereavement Entitlements for Casual
Employees
(a) Subject to providing satisfactory
evidence to the employer, casual employees are entitled to not be available to
attend work, or to leave work upon the death of a person as provided in
paragraphs (i) to (iv) of subclause 22J, Bereavement
Leave.
(b) The casual employee is not entitled to any
payment for the period of non-attendance.
(c) The employer must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this clause. The rights of the employer to engage or not engage a casual
employee are otherwise not affected.
K.
OTHER PAID LEAVE
(i) Jury Service Leave
An employee
required to attend for jury service during the employee's ordinary working
hours shall be reimbursed by the employer an amount equal to the difference
between the amount in respect of the employee's attendance for such jury
service and the amount of wage the employee would have received in respect of
the ordinary time the employee would have worked had the employee not been on
jury service. An employee shall notify the employer as soon as possible of the
date upon which the employee is required to attend for jury service. Further
the employee shall give the employer proof of attendance, the duration of such
attendance and the amount received in respect of such jury service.
(ii) Union Training Leave
(a) An eligible employee shall be entitled to
five (5) days paid leave to attend courses which are specifically directed
towards relevant training for eligible employees.
(b) For the purpose of this clause relevant
training for eligible employees is training directly related to:
(1) Eligible employees’ rights and responsibilities
in their capacity as union delegates.
(2) Understanding this Award, enterprise
agreements, council agreements, and council policies.
(3) Grievance and dispute procedures, and
disciplinary procedures;
(4) Code of Conduct;
(5) Bullying, harassment, and discrimination.
(c) Such leave will be available to an
individual eligible employee once only during their employment, provided that
the employer shall not unreasonably refuse additional training where:
(1) There is a change in relevant provisions
of this Award; or
(2) More than three (3) years has elapsed
since the eligible employee last took leave for the purpose of this clause.
(d) An eligible employee is defined as a
full-time or part-time employee:
(1) Who is a union delegate, who has been
duly appointed by a union and the employer has been formally notified of that
appointment; and
(2) Who has completed 12 months continuous
service with the current employer, unless otherwise agreed.
(e) An eligible employee must comply with the
following notice requirements:
(1) Provide the employer with at least four
(4) weeks prior notice in writing of their request to attend a training course;
(2) Outline details of the type, content and duration of the course to be attended in the
written notice.
(f) The employer will consider a request for
leave in accordance with this clause having regard to:
(1) The operational requirements of the
employer; and
(2) The capacity of the employer to make
adequate staffing arrangements among current employees during the proposed
period of leave.
(g) An employer must not unreasonably refuse
to agree to a request by the employee to take training leave.
(h) An employer will not be liable for any additional
expenses associated with an employee's attendance at a course other than the
payment of ordinary hourly ordinary time rate for such absence.
(i) An eligible employee will be required to
provide the employer with proof of attendance at, and satisfactory completion
of, the course to qualify for payment of leave.
(j) Nothing in this subclause prevents an
employer and employee from agreeing to additional union training leave either
with or without pay.
(k) Leave granted pursuant to this clause counts
as service for all purposes of this award.
(iii) Union Conference Leave
Accredited
delegates to the unions’ annual conferences shall be granted paid leave for the
duration of the conference provided that the employer’s operational
requirements are met and the union notifies the employer of the accredited
delegates nominated to attend the conference at least one month prior to the
commencement of the conference.
L. SPECIAL LEAVE
(i) The employer may grant special leave,
either with pay or without pay, to an employee for a period as determined by
the employer to cover any specific matter approved by the employer, including
but not limited to:
(a) leave for victims of family and domestic violence;
(b) leave for engaging in a voluntary
emergency management activity;
(c) compassionate leave for employees facing
unforeseen circumstances such as injury or terminal illness; or
(d) leave to attend to duties as a member of
the Australian Defence Force.
(ii) Periods of leave without pay shall not be
regarded as service for the purpose of computing entitlements under this Award.
Such periods of leave without pay shall not however, constitute a break in the
employee's continuity of service.
(iii) An employee shall not be entitled to any
payment for public holidays during an absence on approved leave without pay.
M. Family and domestic violence LEAVE
(i) Definitions
(a) In this clause:
"family
and domestic violence" means violent, threatening or other abusive
behaviour, by a family member of an employee or another person living in the
same household as the employee, that seeks to coerce or control the employee
and that causes them harm or to be fearful.
"family
member" means:
(1) a spouse, de facto partner, child,
parent, grandparent, grandchild or sibling of the
employee; or
(2) a child, parent, grandparent, grandchild
or sibling of a spouse or de facto partner of the employee; or
(3) a person related to the employee
according to Aboriginal or Torres Strait Islander kinship rules.
(b) A reference to a spouse or de facto
partner in the definition of family member in subparagraph (i)(a)
of this clause includes a former spouse or de facto partner.
(ii) Entitlement to paid leave
(a) Subject to paragraph (iii) of this
clause, an employee, other than a casual employee, is entitled to up to 10
days’ paid leave to deal with the impact of family and domestic violence, as
follows:
(1) the leave is available in full at the
start of each 12 month period of the employee’s
employment; and
(2) the leave does not accumulate from year
to year.
(b) Casuals, whilst not eligible for paid
leave under this clause, may make themselves unavailable for work without
consequence to deal with the impact of family and domestic violence.
(iii) Taking paid leave
An employee may
take paid leave to deal with family and domestic violence if the employee:
(a) is experiencing family and domestic
violence; and
(b) requires flexibility to deal with the
impact of the family and domestic violence.
Note: The
reason(s) for which an employee may take leave include making
arrangements for their safety or the safety of a family member
(including relocation), attending urgent court hearings, or accessing police
services.
(iv) Service and continuity
The time an
employee is on paid leave to deal with family and domestic violence counts as
service and does not break the employee’s continuity of service.
(v) Notice and evidence requirements
(a) Notice
An employee
must give their employer notice of the taking of leave by the employee under
this clause. The notice:
(1) must be given to the employer as soon as
practicable (which may be a time after the leave has started); and
(2) must advise the employer of the period,
or expected period, of the leave.
(b) Evidence
An employee who
has given their employer notice of the taking of leave under this clause must,
if required by the employer, give the employer evidence that would satisfy a
reasonable person that the leave is taken for the purpose specified in
paragraph (iii) of this clause.
Note: Depending
on the circumstances such evidence may include a document issued by police, a
court or a family violence support service, or a statutory declaration.
23. Flexibility for Work and Family
Responsibilities
(i) In recognition of the commitment to
provide flexibility for work and family responsibilities and the need to retain
skills and experience within the industry, employers are encouraged to develop
and promote flexible work and leave arrangements to enable their employees to
better manage their work and family responsibilities.
RIGHT TO REQUEST CHANGES IN WORKING ARRANGEMENTS
(ii) An employee may request a change in
working arrangements if:
(a) The employee is the parent, or has
responsibility for the care, of a child who is of school age or younger;
(b) The employee is a carer (within the
meaning of the Carer Recognition Act
2010 (Cth));
(c) The employee has a disability;
(d) The employee is 55 or older;
(e) The employee is experiencing violence
from a member of the employee’s immediate family;
(f) Such other circumstances where an
employee can demonstrate a genuine need for flexible work and leave
arrangements to attend to work and family responsibilities.
(iii) The employee is not entitled to make the
request unless:
(a) For an employee other than a casual
employee - the employee has completed at least 12 months of continuous service
with the employer immediately before making the request.
Formal requirements
(iv) The request must:
(a) be in writing: and
(b) set out the details of the change sought
and of the reasons for the change
Considering the request
(v) The employer must give the employee a
written response to the request within 21 days, stating whether the employer
grants or refuses the request.
(vi) The employer may refuse the request only on
reasonable business grounds. Business grounds will include but not be limited
to:
(a) that the new working arrangements
requested by the employee would be too costly for the employer;
(b) that there is no capacity to change the
working arrangements of other employees to accommodate the new working
arrangements requested by the employee;
(c) that it would be impractical to change
the working arrangement of other employees, or recruit new employees, to
accommodate the new working arrangements requested by the employee;
(d) that the new working arrangements
requested by the employee would be likely to result in a significant loss in
efficiency or productivity; and
(e) that the new working arrangements
requested by the employee would be likely to have significant negative impact
on customer service.
(vii) If the employer refuses the request, the
written response must detail the reasons for the refusal.
(viii) Flexible work and leave arrangements include
but are not limited to:
(a) make up time;
(b) flexi time;
(c) time in lieu;
(d) leave without pay;
(e) annual leave;
(f) part-time work;
(g) job share arrangements;
(h) variations to ordinary hours and rosters;
(i) purchased additional annual leave arrangements;
(j) working from home arrangements; and
(k) arrangements to accommodate breastfeeding
women.
(ix) The terms of agreed changes to working
arrangements, including flexible work and leave arrangements shall be in
writing and may be varied from time to time, by agreement, to suit the specific
needs of either party.
24. Phased Retirement
(i) In recognition of the ageing workforce in
local government and the need to retain skills and experience within the
industry, employers are encouraged to develop and promote flexible work and
leave arrangements to enable their employees to better manage their transition
into retirement.
(ii) Examples of flexible work and leave
arrangements include:
(a) Part-time work;
(b) Flexi time;
(c) Leave without pay;
(d) Job sharing arrangements;
(e) Variations to ordinary hours and rosters;
(f) Job redesign; and
(g) Purchased additional annual leave arrangements.
(iii) The terms of a flexible work and leave
arrangements shall be in writing and may be varied from time to time, by
agreement, to suit the specific needs of either the employer or the employee.
25. Health and Wellbeing
(i) The parties
to the Award recognise that workplace health and wellbeing programs can lead to
positive outcomes such as improved employee work performance and productivity,
improved employee recruitment and retention, reduced absenteeism, and other
benefits.
(ii) Employers are encouraged to develop
workplace health and/or wellbeing programs that are suited to the needs and
resources of the employer.
(iii) An employee may, with the consent of the
employer, take up to two (2) days paid leave per calendar year from their accrued
sick leave balance to participate in a health and/or wellbeing activity,
subject to the following:
(a) the granting of paid leave under this
clause is at the discretion of the employer; and
(b) the taking of paid leave under this clause
must not result in the employee having an accumulated sick leave balance of
less than two (2) weeks; and
(c) the employer may require proof of
participation in the health and/or wellbeing activity to justify payment under
this clause.
26. Part-Time Employment
(i) A part-time employee shall mean an
employee who is engaged on the basis of a regular
number of hours which are less than the full-time ordinary hours in accordance
with Clause 19, Hours of Work, of this Award.
(ii) Prior to commencing part-time work the employer and the employee shall agree upon the
conditions under which the work is to be performed including:
(a) The hours to be worked by the employee,
the days upon which they shall be worked and the commencing times for the work.
(b) The nature of the work to be performed.
(c) The rate of pay as paid in accordance
with this Award
(iii) The conditions may also stipulate the
period of part-time employment.
(iv) The conditions may be varied by consent.
(v) The conditions or any variation to them
must be in writing and retained by the employer. A copy of the conditions and
any variations to them must be provided to the employee by the employer.
(a) Where it is proposed to alter a full-time
position to become a part-time position such proposal shall be referred to the
consultative committee for information.
(b) In such cases the employer and the
employee shall agree upon the conditions, if any, of return to full-time work.
(vi) A part-time employee may work more than
their regular number of hours at their ordinary hourly rate by agreement. Where
an employee works hours outside the spread of hours in clause 19, Hours of
Work, of this Award, the provisions of clause 20, Overtime, shall apply.
(vii) Part-time employees shall receive all
conditions prescribed by the Award on a pro-rata basis of the regular hours
worked. An adjustment to the accrued leave entitlements may be required at the
conclusion of each service year based on the proportion of actual hours worked.
(vii) Where a public holiday falls on a day where
a part-time employee would have regularly worked the employee shall be paid for
the hours normally worked on that day.
(ix) A change to full-time employment from
part-time employment or to part-time employment from full-time employment shall
not constitute a break in the continuity of service. All accrued entitlements
shall be calculated in proportion to the hours worked in each employment
arrangement.
27. Casual Employment
(i) A casual employee shall mean an employee
engaged on a day to day basis.
(ii)
(a) A casual
employee shall not:
(1) replace an employee of the employer on a
permanent basis; or
(2) be engaged by the employer on a permanent
basis.
(b) An employee engaged under this clause for
a period in excess of 12 months may request that the
employer review the nature of their engagement.
(1) A review under subclause (ii)(b) shall
examine whether or not the position is more
appropriately filled by a permanent employee.
In undertaking this review the employer shall have regard to the
following matters:
the genuine
operational reasons that align with the nature of the role;
the service
requirements of the position;
the seasonal
nature of the role;
if the position
is contingent upon external funding; and
any other
relevant matter.
(2) As a result of a review conducted under
paragraph (ii)(b) an employee may be invited to apply for a permanent position
with the employer.
(iii) A casual employee shall be paid the hourly
rate for ordinary hours worked in accordance with clause 19, Hours of Work.
(iii) Casual employees who work on Saturday
and/or Sunday are entitled to penalty rates prescribed by subclause 19B. The
penalties are calculated on the ordinary hourly rate.
(iv) Casual employees who work outside the
relevant spread of hours identified at paragraphs 19C(i),
(ii) and (iii) are entitled to a shift penalty.
The penalty is calculated on the ordinary hourly rate.
(v) Subject to paragraph 20A(viii), a casual
employee will not be offered to work overtime in a position held by a permanent
employee of the employer, if such permanent employee
is available to work that overtime. Overtime shall be paid where a casual
employee works outside the ordinary hours for that position. In cases where
there are no ordinary hours for the position, overtime shall be paid for the
hours worked in excess of those prescribed in Clause
19, Hours of Work.
(vi) In addition to the amounts prescribed by
subclause (iii) of this clause, a twenty-five percent loading, calculated on
the ordinary hourly rate, shall be paid. This loading shall not attract any
penalty. This loading shall be paid in lieu of all leave (including but not
limited to annual leave, long service leave and sick leave) and severance pay,
except for paid parental leave prescribed by the Award. Casual loading is not
payable on overtime.
(vii) Casual employees engaged on a regular and
systematic basis shall:
(a) Have access to annual assessment under
the employer’s salary system.
(b) Have their service as a casual counted as
service for the purpose of calculating long service leave where the service as
a casual employee is continuous with their appointment to a permanent position
on employer's structure. In calculating the long service leave entitlement in
such cases there shall be a deduction of the long service leave accrued whilst
the employee was employed as a casual.
(viii) A casual employee shall not replace an
employee of the employer on a permanent basis.
(ix) Carer’s entitlements shall be available for
casual employees as set out in paragraph (viii) of subclause B, Carers Leave of
clause 22, Leave Provisions, of this Award.
(x) Bereavement entitlements shall be
available for casual employees as set out in paragraph (v) of subclause 22J of
this Award.
28. Job Share Employment
(i) Job sharing is a form of part-time
employment where more than one employee shares all the duties and
responsibilities of one position.
(ii) (a) Job
sharing shall be entered into by agreement between the employer and the
employees concerned.
(b) Such agreement shall be referred to the
consultative committee for information.
(iii) The employer and the job sharers shall
agree on the allocation of work between job sharers.
(iv)
(a) The ordinary hours of work of the
position shall be fixed in accordance with clause 19, Hours of Work, of this
Award.
(b) The job sharers in conjunction with the
employer shall agree on the hours to be worked. Such agreement shall specify
the regular number of ordinary hours to be worked by each job sharer.
(v)
(a) In the absence of a job sharer the
remaining job sharer(s) may be required by the employer to relieve the absent
job sharer provided the remaining job sharer(s) are reasonably available.
(b) In such cases the relieving job sharer(s)
shall be paid their ordinary rate of pay for the time relieving.
(vi) A job sharer may work more than their
regular number of hours at their ordinary hourly rate by agreement. Where an
employee works hours outside the spread of hours in clause 19, Hours of Work,
of this Award the provisions of clause 20, Overtime, shall apply.
(vii) The employer must establish appropriate
communication mechanisms between the job sharers to facilitate the handing over
of tasks from one job sharer to another.
(viii)
(a) Job sharers shall have access to all
provisions of this Award including training and development.
(b) Job sharers shall receive pro-rata pay and
conditions in proportion to the ordinary hours worked by each job sharer.
(c) An adjustment to accrued leave entitlements
may be required at the conclusion of each service year based on the proportion
of actual hours worked.
(d) A change to job sharing from full-time or
part-time employment or from job sharing to full-time or part-time employment
shall not constitute a break in the continuity of service. All accrued
entitlements shall be calculated in proportion to the hours worked in each
employment arrangement.
(ix) In the event of a job sharer vacating the
position the employer shall review the position and shall consider filling the
vacancy or offering the remaining job sharer(s) increased hours.
(x) The terms of a job share arrangement or
any variation to it must be in writing. A copy of the arrangement and any
variation to it must be provided to the job sharer(s) by the employer.
29. Labour Hire
(i) Labour
hire staff employed by a labour hire business shall not be engaged on a
permanent basis in work functions ordinarily filled by permanent employees of
the employer. In ensuring that labour
hire staff are not engaged on a permanent basis the employer shall review the
use of labour hire services on an annual basis.
(ii) This clause does not apply to the
employment of apprentices and/or trainees by a group training business.
(iii) For the purpose of this clause:
(a) a "labour hire business" is a
bona fide labour hire business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which supplies staff employed or engaged by it to
the employer on an on-hire basis for the purpose of such staff performing work
or services for that employer. Provided that a business is not a labour hire
business if:
(1) the
staff of that business are not performing the specific duties of a position(s)
covered by the employer’s organisation structure;
(2) the
business is providing professional business services which cannot reasonably be
fulfilled by the employer’s employees, for a specified period of time or for a
specific task (for example, legal, financial or accounting services);
(3) the business is a bona fide contractor
providing both equipment and employees to the employer; or
(4) the
business is another entity covered by this Award.
(b) a "group training business" is a
bona fide group training business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply apprentices and/or trainees to the
employer for the purpose of such staff performing work or services as an
apprentice or trainee for that employer.
(iv) Notwithstanding the provisions of subclause
(i), the employer and the relevant union may agree in
writing that the employer may replace an employee of the employer on a
permanent basis with the employee of a labour hire business.
30. Multiple Employment
Where an employee is
employed in a second position with the employer the second position shall, for
all purposes of the Award, be regarded as a separate and distinct employment
engagement from the original employment provided that:
(i) the positions involve different duties or
are in different work function areas; and
(ii) the employee agreed to the employment in
the second position.
31. Junior and Trainee
Employment
A. GENERAL
(i) The rates of pay specified in Band
1/Level 1 are actual not minimum rates.
(ii) Employees engaged at the T3 rate of pay or
above may be required to possess a Provisional or Class C Drivers Licence.
B. JUNIOR EMPLOYMENT
(i) The rates of pay as provided in Band
1/Level 1 are payable to juniors (15-18 years old).
(ii) A junior employee shall be appointed to
Band 1/Level 1 according to either their age or educational qualification,
whichever provides for the higher rate of pay.
(iii) Progression along the scale is automatic up
to and inclusive of T4, according to the employee's age.
C. TRAINEE
EMPLOYMENT AND APPRENTICESHIPS
(i) The rates of pay as provided for in Band
1/Level 1 are payable to employees undertaking entry level training.
(ii) An employee shall be appointed to Band
1/Level 1 according to either their age or educational qualification, whichever
provides for the higher rate of pay.
(iii) Progression along the scale is not
automatic but, is subject to successful completion of appropriate training
modules and satisfactory service.
(iv) If the employment is to be continued beyond
the training period upon the successful completion of training, the employee
shall proceed to the appropriate band and level in the structure.
(v) In addition to the vocational training
direction, the employer shall provide an apprentice with the conditions of the
apprenticeship in writing and these conditions shall include:
(a) the term of the apprenticeship;
(b) the course of studies to be undertaken by
the apprentice;
(c) the course of on the job training to be
undertaken by the apprentice.
D. SCHOOL BASED TRAINEES AND APPRENTICES
(i) The object of Part D of this clause is to
assist persons who are undertaking a traineeship or apprenticeship under a
training contract while also enrolled in the Higher School Certificate. Such
school based traineeships/apprenticeships are undertaken at a minimum
Certificate II Australian Qualifications Framework (AQF) qualification for
traineeship level and a minimum Certificate III Australian Qualifications
Framework (AQF) qualification for apprenticeship level as specified in the
relevant Vocational Training Order pursuant to the Apprenticeship and Traineeship Act 2001 (NSW).
(ii) The hourly rates for school based
trainees/apprentices for total hours worked including time deemed to be spent
in off-the-job training shall be calculated by dividing the applicable weekly
rate for full time apprentices as set out in Band 1/Level 1 by 38 or 35 in
accordance with clause 19, Hours of Work.
(iii) For the purpose of subclause (ii), where a
school based trainee/apprentice is a full time school student, the time spent
in off-the-job training for which the school based trainee/apprentice is paid
is deemed to be 25 per cent of the actual hours worked on-the-job each week.
The wages paid for training time may be averaged over the school term or year.
(iv) School based trainees/apprentices progress
through the rates of pay set out in Band 1/Level 1 subject to successful
completion of appropriate training modules and satisfactory service.
(v) Except as provided by this Award,
school-based trainees/apprentices are entitled to pro rata entitlements of all
other conditions of employment.
E.
GOVERNMENT FUNDED TRAINEESHIPS
(i)
(a) Part E of this clause does not apply to
apprentices or trainees who are already trained and job ready.
(b) A government funded traineeship shall not
commence until the relevant Training Agreement has been registered with the
relevant State Training Authority.
(c) Trainees shall not displace existing
employees from employment.
(ii)
(a) Except as in hereinafter provided, all
other terms and conditions of this Award shall apply.
(b) Nothing in this subclause shall be taken
to replace the prescription of training requirements for all other employees
bound by this Award.
(iii) The trainee shall attend an approved
training course or training program prescribed in the Training Agreement or as
notified to the trainee by the relevant State Training Authority in accredited
and relevant Traineeship Schemes.
(iv) The employer shall ensure that the trainee
is permitted to attend the training course or program provided for in the
Training Agreement and shall ensure that the trainee receives the appropriate
on-the-job training in accordance with the Training Agreement.
(v) The employer shall provide a level of
supervision in accordance with the Training Agreement during the traineeship
period.
(vi) The trainee shall be permitted to be absent
from work without loss of continuity of employment and/or wages to attend the
training in accordance with the Training Agreement.
(vii) A full-time trainee shall be engaged for a
maximum of one year’s duration, except in respect of AQF III and AQF IV
traineeships which may extend up to two years full time, provided that a
trainee shall be subject to a satisfactory probation period of up to one month
which may be reduced at the discretion of the employer. By agreement in
writing, and with the consent of the relevant State Training Authority, the
relevant employer and the trainee may vary the duration of the Traineeship and
the extent of approved training provided that any agreement to vary is in
accordance with the relevant Traineeship Scheme.
(viii) Where the trainee completes the qualification
in the Training Agreement earlier than the time specified in the Training
Agreement then the traineeship may be concluded by mutual agreement.
(ix)
(a) The employer shall not terminate the trainee's
service without providing written notice of termination in accordance with the
training agreement and subsequently to the relevant State Training Authority as
appropriate.
(b) Where the employer chooses not to continue
the employment of a trainee upon the completion of the traineeship, it shall
notify the relevant state training authority as appropriate, of its decision.
(x) A trainee who fails to complete the
traineeship or who cannot for any reason be placed in full-time employment with
the employer on the successful completion of the traineeship, shall not be
entitled to any severance payments payable pursuant to termination, change or
redundancy provisions or provisions similar thereto.
(xi) Where the employment of a trainee by the
employer is continued after the completion of the traineeship period, such
traineeship period shall be counted as service with the employer for the
purposes of this Award or any other legislative entitlements.
(xii) Wages:
(a) The weekly amount of pay payable to trainees
shall be as provided in Table 1 of Part B, Traineeship Rates, of this Award.
(b) The trainee wage rates contained in this
Award are minimum rates and shall only apply to trainees while they are
undertaking an approved traineeship which includes approved training as
prescribed above.
32. Training and Development
(i) The parties to this Award recognise that
increasing the efficiency and productivity of the industry requires an ongoing
commitment to education, training and skill maintenance, development
and enhancement. Accordingly, the parties commit themselves to:
(a) developing a more highly skilled and
flexible workforce
(b) providing employees with opportunities
through appropriate education and training to acquire additional skills and
(c) removing barriers to the utilisation of
skills in accordance with employers' training plans.
(ii)
(a) All employees shall have reasonable and equitable
access to education and training, such education and training shall:
(1) be consistent with the employer's
training plan
(2) enable employees to acquire the range of
skills they are required to apply in their positions
(3) enhance employees' opportunities for
career path development and mobility through employer's organisation
structures, through participation in the employers' training plans.
(4) Employees who are required to either hold
professional qualifications or complete further professional qualifications and
whose positions are evaluated in Band 3 or Band 4 of this Award, shall have
access to continuing professional development (CPD) that is consistent with the
training plan for their position as follows:
(i) 10 hours per annum, or
(ii) in accordance with legislated CPD
requirements,
whichever is
the greater.
(b) Nothing in this clause prevents an
employer and employee from agreeing to additional CPD training.
(iii) Training Plan and Budget
(a) The employer shall develop a training
plan and budget consistent with:
(1) the current and future skill requirements
of the employer.
(2) the size, structure
and nature of the operations of the employer.
(3) the need to develop vocational skills
relevant to the employer and the Local Government industry.
(b) In developing the training plan, the
employer shall have regard to corporate, departmental
and individual training needs.
(c) The training plan shall be designed in consultation
with the consultative committee.
(d) The training plan shall, where
appropriate, provide for training that is consistent with the relevant National
Training Package.
(e) The training plan,
shall provide for the assessment and recognition of employee's current
competencies where possible.
(f) Selection of participants to receive the
employer’s required training in accordance with employer’s training plan is to
be based on merit and the needs of the employee as identified in the employee's
performance appraisal.
(iv) If an employee is required by the employer
to undertake training in accordance with the employer’s training plan:
(a) the employer shall grant the employee
paid leave to attend course requirements, including examinations, where the
training is undertaken during ordinary working hours;
(b) where the course requirements contain more
than a 15% off-the-job component calculated over any 12 month
period the extent to which the employer will grant paid leave to attend such
course requirements shall be specified in the training plan;
(c) the employer shall pay course fees at the
commencement of each stage but shall not pay course fees if the employee is repeating;
(d) the employer shall either provide
transport or pay reasonable travelling expenses to enable employees to attend
course requirements;
(e) reasonable travel arrangements shall be
agreed; and
(f) where an employee is required to complete
major assignment(s) the employer and the employee shall agree upon appropriate
flexible work and study arrangements as are practicable.
(v) The employer may grant an employee
undertaking a course consistent with the employer’s training plan, although not
at the employer's requirement, leave with pay or leave without pay to attend
course requirements provided that the employee gives reasonable notice of such
requirements. Where the employee is not granted such leave
the employer shall give preference in granting annual leave or other accrued
leave to attend course requirements provided that the employee gives reasonable
notice of such requirements. The employer may pay course fees at its
discretion.
(vi) The parties shall continue to engage with
the VET system to ensure that the skills needs of
local government are addressed in training package development.
33. Consultative
Committees
A.
AIM
The parties
to the Award are committed to consultative and participative processes. There shall
be a consultative committee at each employer which shall:
(i) provide a
forum for consultation between the employer and its employees that encourages a
free and open exchange of views;
(ii) positively co-operate in workplace reform
to enhance the efficiency and productivity of the employer and to provide
employees with access to career opportunities and more fulfilling, varied and
better paid work.
B. SIZE AND COMPOSITION
(i) The size and
composition of the consultative committee shall be representative of the
employer’s workforce and agreed to by the employer and the local
representatives from the following unions: USU; depa
and the LGEA and such agreement shall not be unreasonably withheld.
(ii) The consultative committee shall include
but not be limited to employee representatives of each of the unions who have
members employed at the employer.
(iii) Officers of the union(s) or Association(s)
may attend and provide input to meetings of the consultative committee, at the
invitation of the consultative committee or their respective members.
C.
SCOPE OF CONSULTATIVE COMMITTEES
(i) The functions
of the consultative committee include:
(a) Award implementation
(b) training
(c) consultation with
regard to organisation restructure
(d) job redesign
(e) salary systems
(f) communication and education mechanisms
(g) performance management systems
(h) changes to variable working hours
arrangements for new or vacant positions
(i) local
government reform
(j) proposed variations to leaseback vehicle
arrangements
(k) health and wellbeing programs.
(ii) The consultative committee shall not
consider matters which are being or should be processed in accordance with
Award clause 36, Grievance and Disputes Procedures.
D.
MEETINGS AND SUPPORT SERVICES
(i) The
consultative committee will make recommendations based upon consensus. Where
there is no consensus on a particular item, the recommendation to the employer
should note the dissenting views.
(ii) The consultative committee shall meet as
required.
34. Appointment and Promotion
(i) Where an employer is required by section
348 of the Local Government Act 1993
(NSW) to advertise a position within the organisation structure of the Council,
prior to advertising the position externally, the Council may consider
advertising the position internally if such an approach enables suitably
qualified persons to apply for the position.
(ii) Where an internal applicant has applied
for a new or vacant position and their application is unsuccessful, the employee
may:
(a) request in writing the reason(s) as to
why they were not appointed, and upon such request, the employer shall provide
the reason(s) in writing; and
(b) request a review of their individual education
and training needs.
35. Term Contracts
(i) The employer may only employ a person on
a term contract of employment in the following situations:
(a) for the life of a specific task or
project that has a definable work activity, or
(b) to perform the duties associated with an
externally funded position where the length of the employment depends on the
length of the funding, or
(c) to perform the duties associated with a
vacant position until the vacant position is filled on a permanent basis, provided
that the duration is no longer than is reasonably necessary to undertake
recruitment for the vacant position, or
(d) to temporarily replace an employee who is
on approved leave, secondment, workers compensation, acting in a different
position or working reduced hours under a flexible work and leave arrangement,
or
(e) to undertake training and work as part of
an apprenticeship, traineeship or student work
experience program in conjunction with an education institution, or
(f) to trial a new work area, provided that
the duration is no longer than is reasonably necessary to trial the new work
area, or
(g) to perform the duties associated with a
vacant position during the intervening period between when the employer has
made a definite decision to introduce major changes in production, program,
organisation structure or technology that are likely to have significant
effects on the employment in the vacant position and the date that the changes
are implemented; or
(h) to accommodate time limitations imposed by
law or sought by the employee (e.g. visa restrictions); or
(i) to perform seasonal work (also see
subclause 21E(xi) of this Award).
(ii) As of the first full pay period on or
after 1 July 2020, employers shall identify in the letter of offer/contract of
employment offered to a prospective employee, and the position description
(where appropriate), the relevant situation identified in subclause (i) above that gives rise to employment pursuant to a fixed or maximum term contract.
36. Grievance and Dispute Procedures
(i) At any stage of the procedure, the
employee(s) may be represented by their union or its local
representative/delegate and the employer represented by the Association.
(ii) The union delegate shall have reasonable
time, without loss of pay, to discuss a grievance, dispute, or concern
regarding workplace bullying with management at the local level where prior
approval is sought. Such approval shall not be unreasonably withheld.
(iii) A grievance or dispute shall be dealt with
as follows:
(a) The employee(s) shall notify the
supervisor, or other authorised officers of any grievance or dispute and the
remedy sought, in writing.
(b) A meeting shall be held between the
employee(s) and the supervisor to discuss the grievance or dispute and the
remedy sought within two working days of notification.
(c) If the matter remains unresolved, the
employee(s) may request the matter be referred to the head of the department or
other authorised officer for discussion. A further meeting between all parties
shall be held as soon as practicable.
(d) If the matter remains unresolved the
general manager shall provide the employee(s) with a written response. The
response shall include the reasons for not implementing any proposed remedy.
(e) Where the matter remains unresolved, it
may be referred to the employee's union or representative and by the general
manager or other authorised officer to the Association for further discussion
between the parties.
(iv) The Industrial Registrar may be advised of
the existence of a dispute at any stage of this procedure.
(v) During this procedure and while the
matter is in the course of negotiation, conciliation
and/or arbitration, the work practices existing prior to the dispute shall as
far as practicable proceed as normal. Nothing in this clause shall prevent the
employer from temporarily adjusting work practices, where appropriate, to
eliminate or control work, health and safety risks.
37. Disciplinary Procedures
A. EMPLOYEE'S RIGHTS
Notwithstanding the
procedures below, an employee shall:
(i) Have access to their personal files and
may take notes and/or obtain copies of the contents of the file.
(ii) Be entitled to sight, note and/or respond to
any information placed on their personal file which may be regarded as adverse.
(iii) Be entitled to make application to delete
or amend any disciplinary or other record mentioned on their personal file
which the employee believes is incorrect, out-of-date, incomplete
or misleading.
(iv) Be entitled to request the presence of a
union representative and/or the involvement of their union at any stage.
(v) Be entitled to make application for
accrued leave for whole or part of any suspension during the investigation
process.
B.
EMPLOYER'S RIGHTS AND OBLIGATIONS
Notwithstanding the
procedures contained below, the employer shall:
(i) Be entitled to suspend an employee with
or without pay during the investigation process provided that:
(a) the suspension shall not be for longer
than is reasonably necessary to conduct a proper investigation.
(b) the suspension shall be limited to
circumstances where suspected unsatisfactory work performance or conduct, if
substantiated, would constitute a serious breach of the employer’s code of
conduct, policies, procedures, or the employee’s contract of employment.
(c) suspension without pay during an
investigation shall be for a period of not more than two weeks, except where
the progress of the investigation is delayed due to the unavailability of the
employee and/or their representative in which case the period of suspension
without pay may be extended for a further period of up to 7 days or such
greater period by agreement.
(d) If, after investigation, the reasons for
the suspension are found to be inappropriate, the employee shall not suffer any
loss of pay for the period under suspension.
(e) The suspension shall not affect the
employee's continuity of service for the purposes of accruing leave
entitlements.
(f) The employer shall not unreasonably
refuse an application for paid leave under this provision.
(g) By agreement an employee may be
transferred to another position or place of work.
(ii) Be entitled to request the presence of an
Association and/or union representative at any stage.
C. Workplace
investigations
(i) The parties to the Award have agreed on
guidelines ("guidelines") concerning workplace investigations.
(ii) Failure
to comply with the guidelines may be used as evidence that a person or employer
has failed to properly conduct or speedily conclude a workplace
investigation. However, a person or
employer cannot be prosecuted only because of a failure to comply with the
guidelines.
(iii) Upon
becoming aware of possible unsatisfactory work performance or conduct by an
employee the employer may decide to investigate.
(iv) Workplace
investigations are a process by which employers gather information to assist
the employer to make an informed decision.
Workplace investigations typically involve enquiring, collecting
information and ascertaining facts.
(v) When
deciding whether to investigate possible unsatisfactory work performance or
conduct, factors that the employer should consider include:
The seriousness of the possible
unsatisfactory work performance or conduct;
How recent the possible unsatisfactory work
performance or conduct occurred;
Potential implications in not undertaking an
investigation;
Whether there have been concerns, threats or
allegations made against the employee previously by any complainant;
Whether the complaint itself has been copied
to others, thereby indicating that any allegation about work performance or
conduct may be vexatious, punitive or harassment; and
Whether there are any mitigating factors
(for example drug/alcohol dependency, health issues including mental health
issues, or family/domestic violence issues).
(vi) Employers
shall properly conduct and speedily conclude workplace investigations
concerning possible unsatisfactory work performance or conduct.
D.
Disciplinary PROCEDURES
(i) Where an employee's work performance or
conduct is considered unsatisfactory, the employee shall be informed in the
first instance of the nature of the unsatisfactory performance or conduct and
of the required standard to be achieved, by the employee's immediate supervisor
or other appropriate officer of the employer. The employer and employee will
discuss the reason(s) for the unsatisfactory work performance or conduct
including matters external to the workplace, and, where appropriate, measures
to assist the employee to improve their work performance or conduct. Such measures may include, for example,
training, counselling and provision of an Employee
Assistance Program (EAP).
(ii) Unsatisfactory work performance or conduct
shall include, but not be limited to, neglect of duties, breach of discipline, absenteeism and non-compliance with safety standards. A
written record shall be kept on the appropriate file of such initial warning.
The employee shall be entitled to sight and sign such written record and add
any notations regarding the contents of such record.
(iii) Where there is re-occurrence of
unsatisfactory work performance or conduct, the employee shall be warned
formally in writing by the appropriate officer of the employer and counselled.
Counselling should reinforce the standard of work or conduct expected and,
where the employee is failing to meet these required standards, a suitable
review period for monitoring the employee's performance; the severity of the
situation; and whether disciplinary action will follow should the employee's
work performance or conduct not improve. A written record shall be kept of such
formal warning and counselling. The employee shall be entitled to sight and
sign such written record and add any notations regarding the contents of such
record.
(iv) If the employee's unsatisfactory work
performance or conduct continues or resumes following the formal warning and
counselling, the employee shall be given a final warning in writing giving
notice of disciplinary action should the unsatisfactory work performance or
conduct not cease immediately.
(v) If the employee's work performance or
conduct does not improve after the final warning further disciplinary action
may be taken.
(vi) All formal warnings shall be in writing.
(vii) Delegates shall be provided reasonable time
without loss of pay, to represent members in disciplinary matters at the local
level, provided prior approval is sought. Such approval shall not be
unreasonably withheld.
E. PENALTIES
(i) After complying with the requirements
above, the employer may:
(a) Demote the employee to a lower paid position
or a lower salary point/step provided that the employee shall not suffer a
reduction in the rate of pay for 2 weeks from the date of the demotion.
(b) Suspend the employee without pay from work
for a specified period of time.
(c) Terminate the employment of the employee
in accordance with Clause 40, Termination of Employment, of this Award.
(ii) Notwithstanding the above, the employer
may take appropriate disciplinary action before and/or during the procedures in
subclause 37D in cases of misconduct or where the employee's performance
warrants such action.
38. WORK HEALTH AND SAFETY
A. statement of intent
The parties to the
Award are committed to co-operating positively to:
(i) promote the safety and welfare of workers
and other people in the workplace;
(ii) eliminate unsafe work practices; and
(iii) ensure that employers and employees
understand and comply with their obligations under the Work Health and Safety Act 2011 (NSW), Work Health and Safety
Regulation 2011 (NSW) and associated codes of practice.
B.
SPECIFIC PROVISIONS
In the case of
extreme and unusual weather conditions which could be assessed as hazardous,
employers will review and conduct a risk assessment to determine what action,
if any, needs to be put in place to minimise unnecessary exposure and risks to
its employees during such unusual occurrences.
C.
FURTHER INFORMATION AND RESOURCES
Further information
and resources are available from the following organisations:
(i) Workcover NSW: www.workcover.nsw.gov.au
(ii) Safe Work Australia:
www.safeworkaustralia.gov.au
39. Workplace Bullying
(i) The parties to the Award are committed
to:
(a) eliminating bullying in the workplace;
and
(b) pursuing legislative change to give the
Industrial Relations Commission of New South Wales the power to make any order
it considers appropriate (other than an order requiring payment of a pecuniary
penalty amount) to prevent workers from being bullied at work.
(ii) ‘Bullying’ shall mean conduct at work
where a person or group of people repeatedly act unreasonably towards an
employee or group of employees, and that behaviour creates a risk to health and
safety.
(a) Bullying behaviour may involve, but is not
limited to, any of the following types of behaviour:
Aggressive,
threatening or intimidating conduct;
Belittling or
humiliating comments;
Spreading
malicious rumours;
Teasing,
practical jokes or ‘initiation ceremonies’;
Exclusion from
work-related events;
Unreasonable
work expectations, including too much or too little work, or work below or
beyond an employee’s skill level;
Displaying
offensive material; and
Pressure to
behave in an inappropriate manner.
(iii) Reasonable management action carried out in
a reasonable manner shall not constitute bullying behaviour.
(a) Examples of reasonable management action
may include, but are not limited to:
Performance
management practices;
Disciplinary
action for misconduct;
Informing an
employee about unsatisfactory work performance or inappropriate work behaviour;
Directing an
employee to perform duties in keeping with their job;
Maintaining
reasonable work goals and standards;
Legitimately
exercising a regulatory function; and
Legitimately
implementing a council policy or administrative process.
Where bullying
behaviour is alleged, the grievance and dispute procedures of clause 36 will
apply.
40. Termination of Employment
(i)
(a) An employee in Operational Band 1 or the
Administrative/Technical Trades Band 2 shall give to the employer two (2)
weeks’ notice of their intention to terminate their employment.
(b) The notice of intention to terminate for
an employee in Professional/Specialist Band 3 or Executive Band 4 of the Award
shall be the same as that required of the employer in subclause (iv) of this
clause.
If no such notice
is provided, the employer shall be entitled to deduct pay equivalent to the
required notice from any entitlements payable under this Award.
(ii) The employer and an employee may agree to
a shorter period of notice for the purpose of this subclause.
(iii) In cases of serious misconduct, the
employer may summarily dismiss an employee following a proper investigation and
provided the employee is afforded procedural fairness. Where an employee is
summarily dismissed, subclause (iv) shall not apply.
(iv) The employer shall give to an employee a
period of notice of termination in accordance with the following scale or by
payment in lieu thereof:
EMPLOYEE'S PERIOD OF CONTINUOUS SERVICE
|
PERIOD OF NOTICE
|
Less than 2 years
|
At least 2 weeks
|
2 years and less
than 3 years
|
At least 3 weeks
|
3 years and less
than 5 years
|
At least 4 weeks
|
5 years and beyond
|
At least 5 weeks
|
(v) The provision of this clause shall be read
subject to the provisions of Clause 41, Workplace Change, of this Award.
41. Workplace Change
(i) Definitions
(a) In this clause:
"Significant
effects include:
termination of
employment; or
major changes
in the composition, operation or size of the
employer's workforce or in the skills required; or
the loss of or
reduction in, job or promotion opportunities or job tenure; or
the alteration
of hours of work; or
the need for
employees to be retrained or transferred to other work or locations; or
job
restructuring.
Provided that
where the Award makes provision for the alteration of any of the matters referred
to above such an alteration shall be deemed not to have significant effect.
(ii) Pre-Proposal Stage
(a) An employer may consult with relevant
employees and/or unions, where appropriate, when developing options for
proposed workplace change.
(b) Consultation under subclause (ii)(a) does
not need to occur in writing.
(iii) Proposal Stage
(a) Employer’s duty to notify a proposed
workplace change that is likely to have significant effects - Subject to the
exceptions identified at subclause (v) of this clause, where the employer
proposes a workplace change that is likely to have significant effects, the
employer shall provide notice in writing and transmitted electronically (where
available), to the employees who may be affected by the proposed change and the
unions to which they belong at least twenty-eight (28) days prior to making a
definite decision.
(b) Notice of proposed workplace change under
paragraph (ii)(a) shall include:
(1) the nature of the proposed change;
(2) the reasons for the proposed change;
(3) the positions likely to be affected; and
(4) such other information as is reasonable
in the circumstances.
(c) Employer’s duty to discuss proposed
workplace change - The employer shall discuss with the employees likely to be
affected and the unions to which they belong, what effects the proposed change
is likely to have on the employees and any alternative proposals. The employer shall give prompt consideration
to matters raised by the employees and their unions in relation to the proposed
change. These discussions shall commence
as early as practicable.
(d) The employers shall provide all relevant
information to the employees and the union to which they belong.
(e) The employers may reconsider the original
proposed workplace change.
(f) Competitive tendering - Where employees
who are adversely affected by the proposed changes request the employer’s
assistance to submit an in-house bid and the employer refuses that request, the
employer shall provide the reasons in writing.
(iv) Decision and Implementation Stage
(a) Employer’s duty to notify a definite
decision that has significant effects - Subject to the exceptions identified at
subclause (v) of this clause, where the employer has made a definite decision
to introduce major workplace change that has significant effects on employees,
the employer shall provide notice in writing and transmitted electronically
(where available), to the employees who will be affected by the change and the
unions to which they belong at least seven (7) days before a definite decision
is implemented.
(b) The purpose of the Decision and
Implementation Stage is for the employer to discuss with affected employees and
the unions to which they belong, measures to minimise or mitigate the adverse
effects of the definite decision. At
this Stage the employer is not bound to give any further consideration to
matters raised by the employees and their unions in relation to the proposed
workplace change.
(c) Notice of a definite decision under
paragraph (iv)(a) shall include (where applicable):
(1) the nature of the definite change;
(2) the reasons for the definite change;
(3) the positions to be affected;
(4) in the case of termination of employment:
The number and
category of employees whose employment is to be terminated; and
The period over
which the terminations are likely to be carried out;
(5) such other information as is reasonable
in the circumstances.
(d) Employer’s duty to discuss - The employer
shall discuss with the employees affected and the unions to which they belong,
measures to avert or mitigate any adverse effects of the change on employees
and shall give prompt consideration to matters raised by employees and their
unions.
(e) The discussions shall take place as soon
as practicable after the employer has made a definite decision and shall cover
measures to avoid or minimise any adverse effects on the employees. Measures to
mitigate adverse effects on employees may include, consideration of re-training
opportunities; redeployment (including redeployment into positions occupied by
casual and labour hire staff); recruitment advice; the payment of relocation
allowances; provision of additional notice; access to an employee assistance
program; financial advice and such other assistance as may be reasonably
available.
(f) Implementation - Subject to subclause (v)
of this clause, the employer shall not implement a definite decision to
introduce major workplace change that has significant effects on employees
until the obligations under paragraphs (iv)(a) and (iv)(d) of this clause have
been met.
(v) Exceptional circumstances
(a) Notwithstanding the provisions of
subclauses (iii) and (iv) of this clause, workplace change may be implemented
in accordance with the timelines in column B that relate to the circumstances
set out in column A in the table below:
A
|
B
|
If affected employees consent to workplace change
|
Immediately
|
If all unions with coverage of the affected employees consent
to the workplace change
|
Immediately
|
Exceptional Circumstances
|
14 days after the provision of Written Notice
|
(b) For the purpose of this subclause
Exceptional Circumstances refers to workplace change that is the result of
something that is unexpected and beyond the employer’s control that results in
a significant loss of funding for positions or no useful work for employees in
the foreseeable future.
(c) For the purpose of this subclause Written
Notice means notification that is in writing and transmitted electronically
(where available) to the employees affected by the change and the unions to
which they belong. The Written Notice
shall include (where applicable):
(1) the nature of the definite change;
(2) the reasons for the definite change;
(3) the positions to be affected;
(4) in the case of termination of employment:
The number and
category of employees whose employment is to be terminated; and
The period over
which the terminations are likely to be carried out;
(5) such other information as is reasonable
in the circumstances.
42. Termination of Employment and Redeployment
Due to Redundancy
(i) Notice of Termination
(a) Where the employer terminates an
employee’s employment due to redundancy, the employer shall provide the
employee with notice of termination as following:
(1) Subject to subparagraph (i)(a)(2) of this clause, five (5) weeks’ notice to
terminate or pay in lieu thereof; or
(2) Where the employee’s employment is
terminated because of the introduction of technology, three (3) months’ notice
to terminate or pay in lieu thereof,
provided that
the employment may be terminated by part of the period of notice specified and
part payment in lieu thereof.
(b) Notice or payment of notice under this
paragraph shall be deemed to be service with the employer for the purposes of
calculating leave entitlements under this Award.
(ii) Notice to Centrelink
Where a
decision has been made to terminate fifteen (15) or more employees for reasons
of an economic, technological, structural or similar nature, or for reasons
including such reasons, the employer shall notify Centrelink as soon as
possible giving relevant information as provided at section 530 of the Fair Work Act 2009 (Cth).
(iii) Severance Pay
(a) This subclause shall apply where an
employee is terminated due to redundancy except where the employee concerned
has been offered, but has refused to accept, an alternative position within the
employer's organisation structure of comparable skill and accountability levels
and remuneration no less than the position previously held by the employee.
(b) In addition to any required period of
notice, and subject to subclause (i) of this Clause,
the employee shall be entitled to severance pay as follows:
COMPLETED YEARS OF SERVICE WITH THE
EMPLOYER
|
ENTITLEMENT
|
Less than 1 year
|
Nil
|
1 year and less
than 2 years
|
5 weeks pay
|
2 years and less
than 3 years
|
9 weeks pay
|
3 years and less
than 4 years
|
13 weeks pay
|
4 years and less
than 5 years
|
16 weeks pay
|
5 years and less
than 6 years
|
19 weeks pay
|
6 years and less
than 7 years
|
22 weeks pay
|
7 years and less
than 8 years
|
25 weeks pay
|
8 years and less than
9 years
|
28 weeks pay
|
9 years and less
than 10 years
|
31 weeks pay
|
10 years and
thereafter
|
34 weeks pay
|
(iv) An employee who resigns during the period
of notice is entitled to the same redundancy payments provided in this clause
as if they had remained in the employer’s employment until the expiry of the
notice period.
(v) During a period of notice of termination
given by the employer, an employee shall be allowed up to one day off without
loss of pay during each week of notice for the purpose of seeking other
employment. Where required by the employer the employee shall provide proof of
attendance at an interview.
(vi) A redundant employee shall be entitled to
the payment of a job search allowance of up to the rate set out in Table 2 of
Part B of this Award to meet expenses associated with seeking other employment
subject to proof of expenditure or on production of an invoice, and/or other
appropriate documentation. The employee’s entitlement to claim the job search
allowance is limited to a period of up to 12 months from their termination of
service with the employer or until the employee secures alternative employment,
whichever is the sooner.
(vii) If the employee agrees to be redeployed by
the employer into a lower paid position, the employee's existing salary and
conditions shall be maintained for a period equivalent to the amount of notice
and severance pay that the employee would be entitled to under this Award.
Provided that should the employee resign during the period of salary
maintenance, as provided for by this subclause, the balance of any notice and
severance pay that the employee would have been entitled to for the remainder
of the period of salary maintenance shall be paid on termination.
(viii) The employer shall, upon receipt of a request
from an employee to show employment has been terminated, provide to the
employee a written statement specifying the period of the employee's employment
and the classification or the type of work performed by the employee.
(ix) The employer shall, upon receipt of a
request from an employee whose employment has been terminated, provide to the
employee an "Employment Separation Certificate" in the form required
by the Department of Human Services.
(x) In the event that the employer determines
that a position is redundant, the employer where practicable, shall firstly
offer such redundancy on a voluntary basis.
(xi) Nothing in this Award shall be construed so
as to require the reduction or alteration of more advantageous benefits or
conditions which an employee may be entitled to under any existing redundancy
arrangement, taken as a whole, between the industry unions and the employers
bound by this Award.
(xii) Subject to an application by the employer and
further order of the Industrial Relations Commission of New South Wales, the
employer may pay a lesser amount (or no amount) of severance pay than that
contained in subclause (iii) above if the employer obtains acceptable
alternative employment for an employee.
(xiii) Nothing in this clause shall restrict an
employee with ten years’ service or more and the employer from agreeing to
further severance payments.
(xiv) Nothing in this clause restricts the elected
council and/or general manager from exercising their right under the Local Government Act 1993 (NSW) to
determine and/or re-determine the organisation structure from time to time, and
to implement such determinations.
43. Council Agreements
(i) The parties agree to review operations at
the council level on an ongoing basis with a view to providing enhanced
flexibility and efficiency and to meet the particular working
needs of the employer and its employees.
(ii) The terms of any agreement reached between
the parties shall substitute for the provisions of the Award provided that:
(a) the extent of the agreement shall be
limited to the Award's Clause 10, Performance Evaluation and Reward; Clause 12,
Payment of Employees; Clause 16, subclauses (x) and (xi), Travelling and
Camping Allowances; Clause 19, Hours of Work; Clause 20, Overtime; Clause 21,
Holidays; Clause 26, Part-Time Employment; and Clause 28, Job Share Employment.
(b) the agreement does not provide less than
the entry level rates of pay;
(c) the agreement is consistent with the Industrial Relations Act 1996 (NSW) and
current wage fixing principles; and
(d) the agreement shall be processed in
accordance with subclause (iii) of this clause. Provided further that, where
the agreement proposes to vary award provisions other than those nominated in
paragraph (a) above, the agreement shall be processed in accordance with the
Principles for Approval of Enterprise Agreements.
(iii) A council agreement shall be processed as
follows:
(a) the unions shall be notified prior to the
commencement of negotiations;
(b) the agreement has been genuinely arrived
at by negotiation without compulsion;
(c) the agreement shall be committed to
writing and shall include a date of operation and a date of expiration;
(d) the employer and the appropriate union(s)
shall sign the agreement and a copy sent to the Association;
(e) Any party to a council agreement may at
any stage during the above process refer the matter to the Industrial Relations
Commission of NSW.
(iv)
(a) Section 44 of the Industrial Relations Act 1996 (NSW) relating to the termination of
enterprise agreements shall apply to the termination of council agreements made
in accordance with this clause, and a council agreement may be terminated in
the same manner as an enterprise agreement.
(b) Where a council agreement is terminated at
or after the end of its nominal term by the giving of written notice to each
other party to the agreement, at least three (3) months’ notice shall be
given. The notice may be served before
the end of the nominal term.
(c) Termination of a council agreement is not
effective until all of the parties to the agreement
have been given written notice of the approval to terminate or of service of
the notice of intention to terminate.
44. Savings and Transitional
(i) The employer must ensure that employees
engaged on incremental scales on or before 8 June 1992, continue to be paid in
accordance with the incremental scales as adjusted. This subclause does not
apply in the following circumstances:
(a) if the employer has an operative training
plan which is sufficient to allow progression at least equal to that under the
previous incremental scales;
(b) if an employee chooses not to undertake
training consistent with the employer’s training plan; and
(c) if the incremental scale provides a rate
of pay less than the Award entry level rate of pay.
(ii)
(a) No employee shall receive a reduction in
pay as a result of the implementation of this Award or
transfer to a salary system.
(b) Unless otherwise agreed, employees,
including seasonal workers, who are in regular receipt of penalty rates and/or
shift penalties, aggregate rates of pay or other arrangements that compensate
for hours of work shall either continue to receive such benefits or the
payments prescribed by clause 18, whichever is the higher.
(c) The provisions in paragraph (ii)(b) shall
apply where council and enterprise agreements are terminated.
(d) The provisions in paragraph (ii)(b) shall
apply in addition to the Award increases prescribed by clause 46.
(iii) Where employees, employed in areas where
the employer's office is situated upon or to the west of a line starting from a
point on the right bank of the Murray River opposite Swan Hill (Victoria),
thence by straight lines passing through the following towns or localities in
the order stated, viz: Conargo, Argoon, Hay, Rankin's
Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone,
Coonabarabran, Narrabri, Moree, Warialda, Ashford and Bonshaw; at the time of
making this Award had an entitlement to receive one week's leave of absence
with pay in addition to the annual leave provided at subclause 22D(i) of this Award, the employee shall retain this
entitlement whilst still employed by the employer at which they were working at
the time of the making this Award.
(iv)
(a) West
of the Line Allowance
Where employees
of the undermentioned council areas and those employers situated to the west
thereof at the time of making this Award were paid at the rate per week as set
out in Table 2 of Part B in addition to their rate of pay, those employees
shall retain this entitlement whilst they continue to be employed by the
employer at which they were working, at the time of the making of this Award;
Moree Plains, Walgett, Narrabri, Coonamble, Warren, Lachlan, Carrathool,
Leeton, Murrumbidgee, Windouran, Murray and Griffith.
(b) Climatic Allowance
Where employees
working within the area bounded by the Shires of Snowy River, Tumut and
Tumbarumba at the time of the making of this Award, were paid per week as set
out in Table 2 of Part B or part thereof, those employees shall retain this
entitlement whilst still employed by the employer at which they were working,
at the time of the making of this Award.
(c) In addition to what is provided in
paragraphs (a) and (b) of this subclause, the allowances shall be paid to those
employees during periods of absence on paid sick leave, public holidays and annual leave, but not otherwise.
(v) Where an employee prior to 11 May 1995,
had an entitlement to transfer accumulated sick leave from one employer to
another employer in New South Wales, under the Local Government Senior
Officers' Award the employee shall retain this entitlement.
(vi) The implementation of this Award shall not
result in the removal of any existing arrangement for an additional payment
made by the employer for the payment of wages, excepting when such payment
relates to FID.
(vii) Where an on-call employee has been paid a
minimum payment for a public holiday on a regular basis, such arrangements
shall continue, unless otherwise agreed.
(viii) Where a casual employee engaged in a position
on a regular and systematic basis has been paid casual loading on overtime
prior to 1 November 2007, such arrangements shall continue while such employee
is engaged in that position, unless otherwise agreed.
45. Leave Reserved
(i) Leave is reserved for the
parties to the Award to apply to vary tool allowances as set out in paragraph
16(vi)(a) and compensation of tools as set out in paragraph 16(vi)(d) of this
Award in line with the Crown Employees (Skilled Trades) Award.
(ii) Following any adjustment to the federal
Local Government Industry Award 2010, leave is reserved for the parties to
apply to amend the vehicle allowances as set out in paragraph 17A(i), paragraph 17A(iii) and paragraph 16(x)(j) of this Award
to reflect such adjustment. The relevant adjustment factor for this purpose is
the percentage movement in the index figure published by the Australian Bureau
of Statistics for Eight Capitals, private motoring sub-group (Cat No 6401.0).
(iii) Following any adjustment to the federal
Local Government Industry Award 2010, leave is reserved for the parties to
apply to amend the meal allowance set out in subclause 16(xiv) to reflect such
adjustment. The relevant adjustment factor for this purpose is the percentage
movement in the index figure published by the Australian Bureau of Statistics
for Eight Capitals, take away and fast foods sub-group (Cat No 6401.0).
(iv) Leave is reserved for the parties to the Award
to apply to vary the traineeship wage rates in paragraph 31E(xii) in accordance
with the pay scales derived from the federal Local Government Industry Award
2010.
(v) Leave is reserved for the parties to the
Award to apply to vary Clause 31, Junior and Trainee Employment, to reflect
industry training needs.
(vi) Leave is reserved for the parties to apply
to vary the Award consistent with the principles of the Industrial Relations
Commission of New South Wales in relation to the accreditation of employees by
the Building Professionals Board.
(vii) Leave is reserved for the parties to apply
to vary the Award to reflect legislative changes that relate to parental leave.
(viii) Leave is reserved for the parties to apply to
vary subparagraph 17B(iii)(b), variations to leaseback fees, to reflect future
changes to fringe benefits tax.
(ix) Leave is reserved for the parties to apply
to vary subclause 22D, Annual Leave, to reflect variations to the Annual Holidays Act 1944 (NSW) in
relation to payment in lieu of annual leave or the taking of annual leave at full,
half or double pay.
(x) Leave is
reserved for the parties to apply to vary the Award to reflect legislative
changes (statute and/or regulations) concerning the registration of
professional engineers.
(xi) The parties agree to commence a thorough review
of the following allowances within 12 months of the commencement of the Award
and have leave reserved to apply to the Industrial Relations Commission of New
South Wales during the life of the Award for a determination of the
arrangements to apply in the next award to succeed this Award:
Level 1 Adverse
Working Conditions Allowance - subclause 16(i) of the
Award
Level 2 Adverse
Working Conditions Allowance - subclause 16(ii) of the Award
Sewer Chokes - subclause
16(iii) of the Award
Septic Tanks -
subclause 16(iv) of the Award
Sewerage
Treatment Works - subclause 16(v) of the Award
46. Area, Incidence and Duration
(i) This Award shall apply to all employers
and employees:
(a) in local government in New South Wales;
and
(b) in the local government industry in New
South Wales as defined in this clause.
(ii) In this Award "local government
industry in New South Wales" means all activities undertaken by local
government entities, including activities undertaken by corporations controlled
by one or more local government entities.
For the purposes of this subclause a corporation is controlled by one or
more local government entities if one or more local government entities have
the capacity to determine the outcomes of decisions about the corporation’s
financial and operating policies.
(iii) The Award does not cover those employers
and employees:
(a) whose positions are determined pursuant
to section 332 of the Local Government
Act 1993 (NSW) to be senior staff positions;
(b) covered by the Local Government
(Electricians) State Award;
(c) covered by the Nursing Homes, &c.,
Nurses’ (State) Award;
(d) covered by the Local Government, Aged,
Disability and Home Care (State) Award;
(e) covered by the Miscellaneous Workers Home
Care Industry (State) Award;
(f) employed by The City of Sydney;
(g) employed by Wollongong City Council;
(h) employed by Broken Hill City Council (that
being the County of Yancowinna);
(i) employed by Newcastle City Council and
covered by the Entertainment and Broadcasting Industry - Live Theatre and
Concert (State) Award;
(j) employed by the Moree Artesian Aquatic
Centre and principally engaged in the duties of the MAAC Ltd Wellness Centre
within the premises known as the MAAC Ltd; and
(k) employed by Newcastle Airport Pty Limited.
(iv) This Award shall rescind and replace the
Local Government (State) Award 2020 published the
seventeenth day of 3 July 2020 (388 I.G. 1038) and all variations thereof.
(v) This Award shall operate from the
commencement of the first pay period on or after the 1 July 2020 and shall
remain in force for a period of three years.
(vi) The Award in column (a) of Table 1 of Part
B provides for a 1.5% increase in rates of pay to operate from the first full
pay period to commence on or after 1 July 2020.
(vii) The Award in column (b) of Table 1 of Part B
provides for a 2.0% increase in rates of pay to operate from the first full pay
period to commence on or after 1 July 2021.
(viii) The Award in column (c) of Table 1 of Part B
provides for a 2.0% increase in rates of pay to operate from the first full pay
period to commence on or after 1 July 2022.
(ix) The increases in rates of pay provided by
this Award shall apply to the rates of pay in employer’s salary system.
(x) The increases granted by this Award may
be absorbed into enterprise increases granted since 29 May 1991 exceeding any
award increases since that date, that is an $8 safety net adjustment and
increases of 6%, 2.5%, 2.5%, 3.5%, 3.25%, 3.25%, 2.7%, 3.3%, 3.25%, 3.25%,
4.0%, 3.5%, 3%, 3.2%, 3.2%, 3.2%, 2.6%, 2.15%, 3.25%, 3.25%, 2.6%, 2.7%, 2.8%,
2.35%, 2.5% and 2.5% provided that the following increases shall not be
absorbed:
(a) placement or progression within the
employer's salary system;
(b) increases in hours of work; and
(c) incorporation of penalty rates and shift
or other allowances into the employee's rate of pay.
(xi) In agreeing to increases in rates of pay
for the term of this Award, the parties recognise that employers and employees
have and shall continue to engage in enterprise bargaining.
Part
B
MONETARY
RATES - TABLE 1
CLAUSE 6 - RATES OF PAY
Band/Level
|
(a)
|
(b)
|
(c)
|
|
Rate Per Week
|
Rate Per Week
|
Rate Per Week
|
|
$
|
$
|
$
|
|
First Pay Period
|
First Pay Period
|
First Pay Period
|
|
01/07/20
|
01/07/21
|
01/07/22
|
Operational Band 1
|
|
|
|
Level 1 (Juniors
and Trainees)
|
|
|
|
T1 at 15 years of
age
|
415.90
|
424.20
|
432.70
|
T2 at 16 years of
age
|
519.10
|
529.50
|
540.10
|
T3 at 17 years of
age
|
610.60
|
622.80
|
635.30
|
T4 at 18 years of
age or over or HSC
|
713.80
|
728.10
|
742.70
|
T5
|
817.60
|
834.00
|
850.70
|
T6
|
882.60
|
900.30
|
918.30
|
T7
|
926.10
|
944.60
|
963.50
|
T8
|
970.60
|
990.00
|
1009.80
|
T9
|
1015.40
|
1035.70
|
1056.40
|
T10
|
1061.60
|
1082.80
|
1104.50
|
|
|
|
|
Level 2
|
871.10
|
888.50
|
906.30
|
Level 3
|
927.80
|
946.40
|
965.30
|
Level 4
|
1026.80
|
1047.30
|
1068.20
|
|
|
|
|
Administrative/Technical/Trades
Band 2
|
|
|
|
Level 1
|
1015.40
|
1035.70
|
1056.40
|
Level 2
|
1164.40
|
1187.70
|
1211.50
|
Level 3
|
1393.60
|
1421.50
|
1449.90
|
|
|
|
|
Professional/Specialist
Band 3
|
|
|
|
Level 1
|
1164.40
|
1187.70
|
1211.50
|
Level 2
|
1393.60
|
1421.50
|
1449.90
|
Level 3
|
1622.70
|
1655.20
|
1688.30
|
Level 4
|
1967.40
|
2006.70
|
2046.80
|
|
|
|
|
Executive Band 4
|
|
|
|
Level 1
|
1852.20
|
1889.20
|
1927.00
|
Level 2
|
2311.30
|
2357.50
|
2404.70
|
Level 3
|
2884.40
|
2942.10
|
3000.90
|
Level 4
|
3457.50
|
3526.70
|
3597.20
|
Note: T stands for
Trainee
CLAUSE
31E (XII) - TRAINEESHIP WAGE RATES
|
Highest Year of School Completed
|
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
School Leaver
|
347.10
|
382.20
|
455.30
|
Plus 1 year out of
school
|
382.20
|
455.30
|
529.90
|
Plus 2 years
|
455.30
|
529.90
|
616.60
|
Plus 3 years
|
529.90
|
616.60
|
706.00
|
Plus 4 years
|
616.60
|
706.00
|
|
Plus 5 years or
more
|
706.00
|
|
|
MONETARY RATES - TABLE 2 ALLOWANCES
|
First Pay Period
|
First Pay Period
|
First Pay Period
|
|
01/07/20
|
01/07/21
|
01/07/22
|
|
$
|
$
|
$
|
Clause 16(i) Level 1 Adverse Working
Conditions
|
0.44 p.h. or
|
0.45 p.h. or
|
0.46 p.h. or
|
Allowance
|
16.40 p.w.
|
16.70 p.w.
|
17.00 p.w.
|
Clause 16(ii) Level 2 Adverse Working Conditions
|
1.15 p.h. or
|
1.17 p.h. or
|
1.19 p.h. or
|
Allowance
|
43.30 p.w.
|
44.20 p.w.
|
45.10 p.w.
|
Clause 16(iii) Sewer Chokes
|
9.35 p.s.
|
9.54 p.s.
|
9.73 p.s.
|
Clause 16(vi)(a) Tool Allowances
|
|
|
|
Bricklayer
|
23.50 p.w.
|
24.00 p.w.
|
24.20 p.w.
|
|
from first pay period 11/02/21
|
from first pay period 26/08/21
|
|
|
24.00 p.w.
|
24.20 p.w.
|
|
Carpenter & Plumber
|
32.90 p.w.
|
33.60 p.w.
|
33.90 p.w.
|
|
from first pay period 11/02/21
|
from first pay period 26/08/21
|
|
|
33.60 p.w.
|
33.90 p.w.
|
|
Metal & Mechanical Trades
|
32.90 p.w.
|
33.60 p.w.
|
33.90 p.w.
|
|
from first pay period 11/02/21
|
from first pay period 26/08/21
|
|
|
33.60 p.w.
|
33.90 p.w.
|
|
Painter & Signwriter
|
8.00 p.w.
|
8.20 p.w.
|
8.30 p.w.
|
|
from first pay period 11/02/21
|
from first pay period 26/08/21
|
|
|
|
|
|
|
8.20 p.w.
|
8.30 p.w.
|
|
Plasterer
|
32.90 p.w.
|
33.60 p.w.
|
33.90 p.w.
|
|
from first pay period 11/02/21
|
from first pay period 26/08/21
|
|
|
33.60 p.w.
|
33.90 p.w.
|
|
Clause 16(vi)(d) Insurance Value
|
1907.10 p.a.
|
1945.15 p.a.
|
1963.00 p.a.
|
|
from first pay period 11/02/21
|
from first pay period 26/08/21
|
|
|
1945.15 p.a.
|
1963.00 p.a.
|
|
Clause 16(x)(f) Travelling Allowances
|
|
|
|
3 - 10 km
|
5.26 p.j.
|
5.37 p.j.
|
5.48 p.j.
|
11 - 20 km
|
8.32 p.j.
|
8.49 p.j.
|
8.66 p.j.
|
21 - 33 km
|
12.05 p.j.
|
12.29 p.j.
|
12.54 p.j.
|
34 - 50 km
|
18.43 p.j.
|
18.80 p.j.
|
19.18 p.j.
|
Each additional 10kms
|
4.96 p.j.
|
5.06 p.j.
|
5.16 p.j.
|
Clause 16(x)(j) Vehicle Allowance (cents per km)
|
|
|
|
Under 2.5 litres
|
0.68 p.km.
|
0.68 p.km.
|
0.70 p.km.
|
|
|
from first pay period 26/08/21
|
|
|
|
0.70 p.km.
|
|
2.5 litres and over
|
0.78 p.km.
|
0.78 p.km.
|
0.80 p.km.
|
|
|
from first pay period 26/08/21
|
|
|
|
0.80 p.k.m
|
|
Clause 16(xi)(a) Camping Allowance
|
68.56 p.n.
|
69.93 p.n.
|
71.33 p,n,
|
Clause 16 (xii)(a) Community Language Allowance
|
23.20 p.w.
|
23.70 p.w.
|
24.20 p.w.
|
Clause 16(xiii)(a) First Aid Allowance
|
15.70 p.w.
|
16.00 p.w.
|
16.30 p.w.
|
Clause 16(xiv) Meal Allowance
|
15.94
|
16.28
|
16.53
|
|
from 16/11/20
|
from first pay period 26/08/21
|
|
|
16.28
|
16.53
|
|
Clause 16(xv) Civil Liability Allowance
|
3.5%
|
3.5%
|
3.5%
|
(payable from the first pay period commencing on or after 15
December 2006)
|
|
|
|
Clause 17A(i) Vehicle Allowances (cents per km)
|
|
|
|
Under 2.5 litres
|
0.68 p.km.
|
0.68 p.km
|
0.70 p.km.
|
|
|
from first pay period 26/10/21
|
|
|
|
0.70 p.km.
|
|
2.5 litres and
over
|
0.78 p.km.
|
0.78 p.km.
|
0.80 p.km.
|
|
|
from first pay period 26/10/21
|
|
|
|
0.80 p.km.
|
|
Clause 17A(iii) Minimum quarterly payment
|
2145.00
|
2145.00
|
2145.00
|
Clause 20C(iii) On Call Allowance on ordinary working days
|
20.61 p.d.
|
21.02 p.d.
|
21.44 p.d.
|
Clause 20C(iv) On Call Allowance - on other days
|
40.36 p.d.
|
41.17 p.d.
|
41.99 p.d.
|
Clause 20C(v) On Call Allowance - maximum per week
|
183.80 p.w.
|
187.50 p.w.
|
191.30 p.w.
|
Clause 42(vi) Job Search Allowance
|
2728.70
|
2783.30
|
2839.00
|
Clause 44(iv) Savings and Transitional
|
|
|
|
(a) West of the Line
Allowance
|
3.90 p.w.
|
3.90 p.w.
|
3.90 p.w.
|
(b) Climatic Allowance
|
3.90 p.w.
|
3.90 p.w.
|
3.90 p.w.
|
Key:
p.h.
|
=
|
per hour
|
|
|
|
p.a.
|
=
|
per annum
|
|
|
|
p.d.
|
=
|
per day
|
|
|
|
p.w.
|
=
|
per week
|
|
|
|
p.n.
|
=
|
per night
|
|
|
|
p.km.
|
=
|
per kilometre
|
|
|
|
p.j.
|
=
|
per journey
|
|
|
|
p.s.
|
=
|
per shift
|
SCHEDULE 1
MINIMUM STANDARDS OF CARAVAN ACCOMMODATION
TO BE PROVIDED TO EMPLOYEES REQUIRED TO CAMP OUT
Where employees camp
out the employer shall provide suitable caravan accommodation for the employees
concerned in accordance with the following minimum standards:
(a) Caravans shall be of such size as to
provide adequate space for each employee and no more than two employees should
be accommodated in any one caravan.
(b) The walls and ceilings of the caravan
shall be of sound construction and shall be insulated. Fly screen doors and
windows shall be fitted and all openings adequately sealed against dust and/or
weather conditions. Adequate steps shall be provided at each door.
(c) The floor is to be covered with vinyl tiles,
linoleum or other acceptable standard floor covering.
(d) Reverse cycle or refrigerated air
conditioning or other agreed cooling device and/or heater shall be provided in
each caravan and shall be appropriately maintained.
(e) Two separately located suitable bedding
shall be provided together with suitable mattresses.
(f) A fixed separate table shall be provided
with two separate seats and brackets so as to provide
for the taking of meals comfortably.
(g) A wardrobe shall be provided for each employee,
ensuring adequate clothes hanging space, fitted with shelf.
(h) A personal bed locker shall be located at
each bed. This shall consist of at least one shelf and door.
(i) Each camp shall be supplied with an
electric generator or other suitable power source that is of the low decibel
type and the generator shall be housed in such a manner so as
to provide for noise insulation. The generator shall be sufficiently
powerful so as to service each appliance that is
within or is associated with the use of the van. Generators shall be
appropriately maintained.
(j) Adequate electric lighting shall be
installed in the caravan and sufficient external lighting shall be provided so as to allow for safe access to toilet facilities and
vehicles.
(k) Each caravan shall be equipped with a
suitable refrigerator; a stovette with two burners and a griller and, where
such stovette is an LPG stovette, shall be fitted with safety tap. A sink with
basin pump connected to a storage water tank of sufficient capacity shall be
provided. The water tank shall have an external tap. An adequate supply of cool
drinking water shall be provided.
(l) A food and utensils storage cabinet
suitably equipped with pots, pans and kettle and sufficient bench space shall
be provided to allow for the preparation of meals.
(m) Showering facilities shall be included in
the caravan. Each shower cubicle shall be provided with a shower curtain and
rod, soap holder, hot and cold water and non-slip floor. Soap and other
suitable cleaning agents shall be provided for employees taking showers, such
cleaning agents should be of a type that will safely remove an unwanted
substance with which the employee has come in contact. Adequate lighting and
ventilation shall be provided in the shower area.
(n) The carrying and storage of fuel and
employer stores within the internal frame of the caravan will not be permitted
under any circumstances. Employers shall provide for the safe keeping of employees tool kits and personal belongings, including when
employees are off the site. Provision shall be made to allow for safe storage
of hand tools and other equipment during meal and other breaks.
(o) Kerosene heating, cooking and/or lighting
are not considered to be suitable facilities.
(p) Suitable cleaning equipment shall be
provided together with storage facilities for such equipment.
(q) Access to and egress from all amenities
shall be kept clear at all times.
(r)
(i) Garbage bins, which are vermin/fly proof with
secure lids shall be provided together with removable and sealable bin liners.
(ii) Adequate toilet facilities shall be
provided and positioned to provide privacy and so as to
preclude odours reaching meal and/or accommodation facilities.
(s) Washing facilities shall be provided
under cover and an adequate supply of soap and paper towels shall be provided
and replaced as needed. A vermin/fly proof garbage bin with removable liner and
secure lid shall be provided in the vicinity of the washing facilities and
emptied when necessary.
(t) Caravans shall be regularly inspected for
maintenance purposes and a record book kept by employer indicating the age of
the vans and maintenance work carried out on the vans.
N. CONSTANT, Chief Commissioner
____________________
Printed by the authority
of the Industrial Registrar.