Goldenfields Water County Council Enterprise Award
2014
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notification by New South Wales Local Government, Clerical,
Administrative, Energy, Airlines & Utilities Union, Industrial Organisation of Employees.
(No. IRC 241 of 2015)
Before Commissioner Tabbaa
|
10 September 2015
|
AWARD
PART A
1 Arrangement
Clause No. Subject
Matter
4 Agreed
Objectives
15 Allowances,
Additional Payments and Expenses
5 Anti-discrimination
3 Area,
Incidence and Duration
1 Arrangement
26 Casual
Employment
35 Competitive
Tendering
30 Consultative
Committees
37 Council
Agreements
6 Definitions
33 Disciplinary
Procedures
39 Employee
Loyalty/Attendance Bonus
23 Flexibility
for Work and Family Responsibilities
32 Grievance
and Dispute Procedures
20 Holidays
18 Hours of
Work
27 Job Share
Employment
28 Junior and
Trainee Employment
22 Leave
Provisions
40 Leave
Reserved
16 Motor
Vehicle Leaseback
34 Occupational
Health and Safety
19 Overtime
25 Part-time
Employment
11 Payment
for Relief Duties/Work
12 Payment of
Employees
24 Phased
Retirement
8 Rates of
Pay
17 Residence
13 Salary
Sacrifice
9 Salary
System
38 Savings
and Transitional
7 Skill
Descriptors
2 Statement
of Intent
14 Superannuation
Fund Contributions
31 Term
Contracts
35 Termination
of Employment
29 Training
and Development
21 Union
Picnic Day
10 Use of
Skills
36 Workplace
Change and Redundancy
ANNEXURE
TABLE 1 - PAY RATES & ALLOWANCES PER WEEK
2 Statement
of Intent
2.1 Scope
It is the intention of the parties that the "Goldenfields Water County Council Enterprise Award
2014" shall apply to all employees of Goldenfields
Water County Council, save and except for employees designated as "senior
staff" pursuant to the Local Government Act 1993 (NSW) or its replacement
legislation.
2.2 Coverage and
Parties
This Award shall apply to all
current and future employees of Goldenfields Water
who are engaged in the classifications set out in Table 1 of Part B of this
Award (including any additional classifications introduced), save and except
for employees designated as "senior staff" pursuant to the Local
Government Act 1993 (NSW).
The parties to this Award are the Local Government NSW;
Goldenfields Water County Council; the New South
Wales Local Government, Clerical, Administrative, Energy, Airlines &
Utilities Union; the Automotive, Food, Metals, Engineering, Printing and
Kindred Industries Union; and the Electrical Trades Union (N.S.W.) of
Australia; and the Local Government Engineers Association.
3 Area, Incidence and Duration
3.1 Applicability
This Award shall apply to Goldenfields
Water County Council (elsewhere referred to as "Council") and all
employees, save and except for employees designated as "senior staff"
pursuant to the Local Government Act 1993 (NSW).
3.2 Rescission of
2004 Award
This Award rescinds and replaces the Goldenfields Water County Council Enterprise Award 2010
published 29 June 2012 (372 I.G. 1040).
3.3 Association
with Local Government (State) Award 2014
The Goldenfields Water County
Council Enterprise Award 2014 ("this Award") shall prevail over the
provisions of the Local Government (State) Award 2014 ("the State
Award") to the extent of any inconsistencies. Where this award is silent in respect to
provisions contained in the State Award, the provisions of the State Award
shall apply.
3.4 Nominal term
This Award shall commence on and from the first full
pay period on or after 20 April 2015 and shall remain in force until the first pay
period on or after 30 June 2017, unless varied or terminated as provided for by
the Industrial Relations Act 1996 (NSW). The first increase provided by this
Award will be back paid by the Council from the first pay period after the 1
July 2014.
3.5 Negotiation for
replacement
The parties agree to commence negotiations for a
replacement Enterprise Award no later than twelve months prior to the nominal
expiry date of this Award.
4 Agreed Objectives
4.1 The agreed
objectives of this Award are:
4.1.1 The parties to
this Award are committed to co-operating positively to increase the structural
efficiency of the Council and to provide employees with access to more
fulfilling, varied and better-paid work by providing measures to, for instance:
4.1.1.1 Improve
skill levels and establish skill-related career paths;
4.1.1.2 Eliminate
impediments to multi-skilling;
4.1.1.3 Broaden
the range of tasks which a worker may be required to perform;
4.1.1.4 Achieve
greater flexibility in workplace practices;
4.1.1.5 Eliminate
discrimination and sexual harassment;
4.1.1.6 Eliminate
harassment and bullying;
4.1.1.7 Establish
rates of pay and conditions that are fair and equitable;
4.1.1.8 Work
reasonable hours;
4.1.1.9 Ensure
flexibility for work and family responsibilities; and
4.1.1.10 Ensure
the delivery of quality services to the community and continuous improvement.
4.1.2 Co-operation
between Council and Employees to achieve:
4.1.2.1 Management
Plan objectives and strategies;
4.1.2.2 Improved
productivity, including taking action to reduce water wastage and ensuring pump
power usage efficiency;
4.1.2.3 Early
fault detection and efficient repair methods;
4.1.2.4 Ensuring
Customer Relations and Level of Service strategies are met by delivering high
quality attention and action in service to customers;
4.1.2.5 Action
to reduce operating and maintenance costs; and
4.1.2.6 Act
responsibly in respect to environmental matters.
5 Anti-Discrimination
5.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and
eliminate discrimination in the workplace. This includes without limitation
discrimination on the grounds of race, sex, marital status, disability,
homosexuality, transgender identity, age and responsibilities as a carer.
5.2 The parties
have obligations pursuant to the dispute procedure 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 this Award which, by its terms or
operation, has a direct or indirect discriminatory effect.
5.3 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.
5.4 Nothing in this
clause is to be taken to affect:
5.4.1 Any conduct or
act which is specifically exempted from anti-discrimination legislation;
5.4.2 Offering or
providing junior rates of pay to persons under 21
years of age;
5.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977 (NSW);
5.4.4 A party to this
Award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
5.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
5.6 Notes
5.6.1 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
5.6.2 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."
6 Definitions
6.1 Association
"Association" means the Local Government NSW.
6.2 Council
"Council" means Goldenfields
Water County Council. This definition shall be read subject to allocation of
responsibilities as specified in the Local Government Act 1993 (NSW).
6.3 Goldenfields Award
"Goldenfields Water
County Council Enterprise Award 2014" as may be varied and/or replaced
from time to time.
6.4 State Award
"Local Government (State) Award
2014" as may be varied and/or replaced from time to time.
6.5 Union
"Union" means the New South Wales Local
Government, Clerical, Administrative, Energy, Airlines & Utilities Union
(USU); Automotive, Food, Metals, Engineering, Printing and Kindred Industries
Union, Electrical Trades Union (N.S.W.) of Australia and the Local Government
Engineers Association.
6.6 Ordinary Pay
6.6.1 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,
6.6.1.1 Saturday,
Sunday and shift penalties
6.6.1.2 Disability
allowances
6.6.1.3 Tool
allowances
6.6.1.4 On call allowance
6.6.1.5 First
aid allowance
6.6.1.6 Community
language and signing work allowances.
Provided that subject to the exclusions below and at clauses
11.2 and 22.3.5, 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.
6.6.2 The following allowances shall be excluded
from the composition of ordinary pay:
6.6.2.1 Overtime
payments
6.6.2.2 Camping
allowance
6.6.2.3 Travelling
allowances
6.6.2.4 Car
allowances
6.6.2.5 Meal
allowances.
6.6.2.6 Living
Away From Home Allowance LAFHA
6.7 Days
Unless otherwise specified, any reference to 'days'
shall mean calendar days.
6.8 Competency
based training
"Competency based training" refers to
training concerned with the attainment and demonstration of specified skills,
knowledge and their application to meet industry standards.
6.9 Superannuation
contributions
"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.
6.10 Complying
superannuation fund
"Complying superannuation fund" has the same
meaning as in the Superannuation Industry (Supervision) Act 1993 (Cth).
6.11 Seven day a
week rotating roster system
"Seven day a week rotating roster system"
means a work roster system in which the employee is regularly required to work:
6.11.1 Ordinary
hours on each of the seven calendar days of the week; and
6.11.2 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
6.11.3 On
Public Holidays; and
6.11.4 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
council 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.
7 Skill Descriptors
The Award structure consists of skill based bands and levels
that are defined according to the following skill descriptors:
7.1 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 council-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.
7.2 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.
7.3 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.
7.4 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.
7.5 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.
7.6 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.
7.7 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 council and represent
council 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.
7.8 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 council, 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.
7.9 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.
7.10 Professional / Specialist Band 3, Level 3
Authority and accountability: Provides a professional
advisory role to people within or outside council. Such advice may commit the
council and have significant impact upon external parties dealing with council.
The position may manage several major projects or sections within a department
of the council.
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 council 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.
7.11 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
council 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 council 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 council
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.
7.12 Executive Band 4
Authority and accountability: Accountable for the
direction and control of council or a department or the like. Influence and
commit council 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 council.
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 council 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 council's clients.
Interpersonal skills: Positions use persuasive skills
with external parties on major items of critical importance to council. They
motivate managers and staff at all levels by leading and influencing others to
achieve complex objectives. They influence the development of the council.
Qualifications and experience: Positions will have a
relevant degree or equivalent and management experience, combined with accredited
management qualifications.
8 Rates of Pay
8.1 Salary System
Council will maintain the salary system to complement
the skills-based structure and rates of pay of this Award. The Salary System is
a schedule of this Award.
8.2 Weekly Rates
The actual weekly rates of pay applying to employees of
Goldenfields Water County Council, save and except
for employees designated as ‘senior staff’ pursuant to the Local Government Act
1993 (NSW) are set out in Table 1, of Part B, of this Award (i.e. the rates
applicable under the Council’s salary system).
The actual weekly rates of pay applying to employees of
Goldenfields Water County Council,
save and except for employees designated as ‘senior staff’ pursuant to the
Local Government Act 1993 (NSW) set out in Table 1 of Part B of this award
(i.e. the rates applicable under council's salary system) shall be increased as
follows:
8.2.1 On the first
full pay period commencing on or after 1st July 2014, by 3%;
8.2.2 On the first
full pay period commencing on or after 1 July 2015, by 3%; and
8.2.3 On the first
full pay period commencing on or after 1 July 2016, by 3 %.
8.3 Upon reaching
the nominal expiry date of this Award
Upon reaching the nominal expiry date of this Award on
30 June 2017, the parties agree that increases in weekly rates of pay under the
State Award shall be automatically incorporated into Council’s salary system
and will have the same operative date as the Award increases. These increases
represent the minimum increases to be awarded at the enterprise level and that
the Union(s) may seek to negotiate over Award payments once this Award has
expired.
8.4 Workers
Compensation
The current weekly rate of pay of an employee for the
purposes of the Workers Compensation Act 1987 (NSW), shall be the rate paid to
the employee under Council’s salary system.
9 Salary System
9.1 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.
9.2 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.
9.3 Positions shall
be assigned a salary grade(s) within the structure. A position may extend
across more than one grade in council's salary system or level as prescribed by
Clause 7 Skills Descriptors of this Award.
9.4 Progression
through the salary system shall be based upon the acquisition and use of
skills. Assessment for the progression
through the salary system shall occur annually.
Where skills based progression is not reasonably available within the
salary range of the position, the employee shall progress annually in
accordance with the savings and transitional clause in Clause 38.
9.5 Skills for
progression relevant to the position/Grade 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 relevant to
that grade subject to sub-Clause 9.4.
9.6 Council 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, council will provide
one.
9.7
At the time of assessment, council shall advise the
employee of the skills and/or the performance objectives required for the
employee to progress to the next salary point/step and shall review the
employee's training needs.
9.8 The salary
system shall include a process by which employees can appeal against their
assessment.
9.9 Employees shall
have access to the assessment document prior to the assessment and to
information regarding the grade, salary range and progression steps of the
position.
9.10 Where a council
changes its salary system structure employees shall not suffer a reduction in
pay or salary range.
10 Use of Skills
10.1 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.
10.2 The council may
direct the employee to carry out such duties that are within the limits of the
employee's skill, competence and training.
10.3 An employee
shall be paid the salary system rate of pay that recognises the skills the
employee is required to apply on the job.
10.4 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 council to be used as an adjunct to the employee's normal
duties.
10.5 Subject to
clause 15.10, First Aid Work, employees who are required by Council 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. This
subclause to cease to have effect on and from 30 June 2017.
11 Payment for Relief Duties/Work
11.1 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.
11.2 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 may be entitled to a higher rate of pay in accordance with the
provisions of Clause 22.3.5 of this Award.
11.3 An employee
under this Award 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.
12 Payment of Employees
12.1 Employees shall
be paid fortnightly or any other period by agreement on a fixed regular pay
day.
12.2 Council shall
fix a regular payday, between Monday and Friday inclusive. Council may alter
the payday if there is prior agreement with the employees affected and the
employees shall not unreasonably withhold their agreement.
12.3 Payment shall be
by cheque or direct credit to the employee's nominated account.
12.4 The council
shall be entitled to deduct from the employee's pay such amounts as the
employee authorises in writing.
12.5 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:
12.5.1 Alternative
duties are available that the employee can usefully perform, or
12.5.2 The
bushfire or other climatic circumstance occurred outside of the State of New
South Wales.
13 Salary Sacrifice
13.1 Employees may
participate in a salary packaging scheme. A salary packaging arrangement will
be cost neutral to Council.
13.2 Council 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.
13.3 Benefits that
may be salary sacrificed include, but shall not be limited to, child care facilities
operated by council on its premises; and additional superannuation and motor
vehicles supplied by council under lease back arrangements where the amount to
be salary sacrificed for leaseback of a council motor vehicle is that part of
the lease back fee that exceeds council’s fringe benefit tax liability.
13.4 The value of the
benefits shall be agreed between the council and employee and shall include
fringe benefits tax where applicable.
13.5 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
council and the employee.
13.6 The employee may
request in writing to change the benefits to be salary sacrificed once each
year and the council shall not unreasonably refuse the request.
13.7 The employee’s
gross pay is their pre-tax ordinary pay less the values of the salary sacrifice
benefit including fringe benefit(s) tax.
13.8 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.
13.9 The value of
salary sacrifice benefits and applicable fringe benefits tax shall be treated as
ordinary pay for the purposes of calculating overtime and termination payments.
13.10 The employee is
responsible for seeking appropriate financial advice when entering into any
arrangement under this clause.
13.11 The council will
ensure that the salary sacrifice arrangement complies with taxation and other
relevant laws.
13.12 The council 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.
13.13 A salary sacrifice
arrangement shall cease on the day of termination of employment.
13.14 A salary sacrifice
arrangement shall be suspended during periods of leave without pay.
13.15 Council may maintain
and/or enter into other salary sacrifice arrangements with employees.
14 Superannuation Fund Contributions
Subject to the provisions of the Industrial Relations Act
1996 (NSW), Council shall make superannuation contributions for current
employees to their nominated Superannuation Fund. As at the commencement of
this Award Council shall make superannuation contributions for new employees to
the Local Government Superannuation Scheme and not to any other superannuation
fund.
14.1 Additional Employer
Superannuation Contribution
All employees will receive a 0.92% increase to their
employer superannuation contribution in addition to their existing arrangements
effective from the first pay period after the 1 July 2014 with a further 0.92%
increase effective from 1 July 2015 with a further 0.92% increase effective
from 1 July 2016(14.76%) currently 12%.
15 Allowances, Additional Payments And Expenses
15.1 Telephones
Subject to clause 15.1.1, an employee who is required
to have a landline telephone at their home for Council purposes shall be
compensated by Council reimbursing rental fees and charges along with a weekly
payment of $5.00 per week.
15.2 Discretionary
provision of mobile phone
Where required, a mobile telephone will be provided by Council
with all associated business usage costs including rental, message bank, etc.
being met by Council. Private usage of the phone will only be charged if usage
incurs Council additional charges.
15.3 Living away from
home allowance (LAFHA)
15.3.1 Accommodation
An employee required to work, and who is required to
remain at the location overnight in-side or out-side Council’s area (including
3rd party projects) shall be provided with accommodation of at least an NRMA
rating of three stars in single accommodation, or if such standard of
accommodation is not available, other accommodation as may be agreed to between
Council and the affected employee/s. A
living away from home allowance LAFHA of $30 per night will apply from 1 July
2015. The Union and its members will within reason ensure that projects
(including 3rd party outside Council’s area) requiring travel are adequately
staffed to meet contract and/or scheduling requirements.
15.4 Incidentals
In addition to 15.2.1 above, Council shall pay for breakfast,
evening meals and all reasonable incidental expenses (as approved by the
General Manager) incurred as a result of the requirements to live away from
home. This shall include but not limited to reasonable costs incurred for
carer’s responsibilities such as:
15.4.1 Child
Care - After school care
15.4.2 Relatives
costs to provide assistance due to the spouses
absence.
15.5 Disability
Allowances
15.5.1 A
disability allowance in addition to the weekly rate of pay shall be payable to designated
employees to compensate for the special disabilities associated with the nature
of duties performed by outdoor staff.
This 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. The following employees shall be entitled to
be paid the allowance:
15.5.1.1 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.
Excepting staff engaged in the
following functions:
Administration
Finance
Supervising in Band 2
Technical Services
Employees recognised in clause 15.3.2 below
15.5.1.2 Employees
in the following classifications (excluding supervisors), who are recognised as
working regularly in open trenches shall in addition to their weekly rate of
pay, be paid a disability 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.
Distribution & Construction Group Members
Welders
The disability 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.
15.6 Employee
Providing Tools
15.6.1 Where the employee
and the council agree that the employee shall supply their own tools, a tool
allowance shall be paid as follows: -
|
Per
Week $
|
Metals and Mechanical Trades
|
$28.10 (as per Local Government Award 2014)
|
15.6.2 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.
15.6.3 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.
15.6.4 Compensation
of Tools
The council shall reimburse the employee to a maximum
per annum as set out Clause 15.6.1 for loss of tools by breaking and entering
whilst securely stored at the council's premises or on the job site or if the
tools are lost or stolen while being transported by the employee at the
council'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.
15.6.5 Provided for the purposes of this clause: -
15.6.5.1 Only
tools used by the employee in the course of their employment shall be covered
by this clause;
15.6.5.2 The employee
shall, if requested to do so, furnish the council with a list of tools so used;
15.6.5.3 Reimbursement
shall be at the current replacement value of new tools of the same or
comparable quality;
15.6.5.4 The
employee shall report any theft to the police prior to making a claim on the
council for replacement of stolen tools.
15.7 Certificates and
Licences
15.7.1 Where
an employee in Operational Band 1 or Administrative/Technical Trades Band 2 of this
Award is required by Council to hold a WorkCover NSW
approved certificate or licence Council shall reimburse the employee for the
cost of such certificate or licence.
15.7.2 Where
an employee in Operational Band 1 or Administrative/Technical Trades Band 2 of
this Award is required by Council to hold a drivers licence other than a Class
C (car) or Class R (rider) licence, Council shall reimburse the employee the
difference between the cost of the licence and the cost of a Class C (car)
driver’s licence.
15.8 Vehicle
Allowances
15.8.1 Where,
by agreement, and Council 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 of 78 cents for vehicles over 2.5 litres for
each kilometre of authorised travel , from 1 July 2014 .
15.8.2 Council
may require an employee to record full details of all such official travel
requirements in a log book.
15.8.3 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 but with a minimum payment as set out in clause 15.6.1. Periods of sick leave in excess of 3 weeks,
annual leave in excess of 4 weeks, long service leave, paid and unpaid
maternity leave shall not be counted when calculating the minimum quarterly
payment.
15.8.4 Where
the car 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 Clause 15.8.1 and shall not be
entitled to the minimum payment as set out in Clause 15.6.3.
15.8.5 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.
15.9 Travelling
Allowance
15.9.1 This
subclause shall apply to employees who are required to start and / or finish at
a location away from the Council depot, workshop or other agreed starting
point.
15.9.2 For
the purposes of this subclause "normal starting point" shall mean:
15.9.2.1 A
Council workshop or depot;
15.9.2.2 A
Council office or building to which the employee is usually assigned;
15.9.2.3 Any
other agreed starting and / or finishing point.
15.9.3 Where
more than one starting point is fixed each employee shall be attached to one
starting point only. An employee may be transferred to a different normal starting
point 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 32,
Grievance and Dispute Procedures, shall apply.
15.9.4 An
employee who is required to commence and / or finish work at a location away
from the employee's normal starting point at the normal starting and / or
finishing times or is required to start or finish overtime work at a location
away from the normal starting point shall be paid a travelling allowance for
each journey as per Clause 15.8.1.
15.9.5 For
the purpose of this subclause a residence shall not be recognised as such
unless it is situated within the geographic council area. Where the employee
resides outside the council’s geographic area the travelling allowance is
payable from the respondent general purpose council’s boundary.
15.9.6 For
the purpose of this subclause distance shall mean the nearest trafficable route
to work.
15.9.7 Where
Council requires an employee to use their own vehicle to transport other
employee(s) or materials to the worksite to commence and/or finish work at a
location away from the employee's normal staring point at the normal starting
and/or finishing times or is required to start or finish overtime work at a
location away from the normal starting point, a car allowance for the use and
depreciation of the vehicle shall be paid as per Clause 15.8.1.
Such car 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, lap-top computers and personal protective
clothing).
Where Council provides transport but the employee
elects to make their own travel arrangements, the vehicle allowances in this
subclause shall not apply.
15.9.8 This
subclause shall not apply where an employee commences and/or finishes work at a
worksite which lies between the employee's place of residence and the
employee's normal starting point, provided that reasonable transport is
available and the employee travels no further than ordinarily travelled to the
normal starting point.
15.9.9 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 32 of this Award shall
be applied.
15.9.10 This
subclause does not apply to travelling involved in after hours on-call work or
to employees recalled to work overtime.
15.9.11 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.
15.10 First Aid Work
15.10.1 Where
an indoor employee is required by Council to hold a current First Aid
Certificate, to be in charge of a First Aid kit and administer First Aid in the
event of an incident, and the use of such skills are not paid for in accordance
with the salary system established by Council, the employee shall be paid an
allowance of $14.00 per week.
15.10.2 All
outdoor employees, due to the nature of their work, which may be remote, are
required by Council to hold a current First Aid Certificate, to be in charge of
a First Aid kit (which they will keep up to date at Council’s cost) and to
administer First Aid in the event of an incident. This will be an inherent requirement of their
role. In return, the Council will pay
all outdoor employees an allowance of $14.00 per week.
15.11 Meal Allowance
15.11.1 A meal allowance
set out in Table 1 of Part B shall be paid to employees instructed to work
overtime:
15.11.1.1 For two hours or more prior to their agreed commencing time,
or
15.11.1.2 For two
hours immediately after their agreed finishing time and after subsequent periods of four hours, or
15.11.1.3 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.
15.12 Civil Liability -
Engineering Professionals
15.12.1 Except
where such responsibility and the exercise of such skills have been
specifically and demonstrably paid for in accordance with the salary system
established by the Council, an employee who is an engineering professional:
15.12.2 Is directly
involved in applying engineering principles to the asset management of council
assets, including the planning for, designing, maintaining, replacing,
rehabilitating or disposing of; and
15.12.3 Such
assets may give rise to liability under the Civil Liability Act 2002 (NSW) shall be paid an allowance in addition to
the weekly rate of 3.5%.
15.12.4 The
provision in (15.10.1.1) above 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 this Award was made.
15.13 Accreditation of
council employees by the Building Professionals Board
Where an employee is required by council to be
accredited by the Building Professionals Board under the Building Professionals
Act 2005 (NSW) the Council shall:
15.13.1 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
15.13.2 Grant
paid leave to attend course requirements in accordance with subclause (4) of
Clause 29, Training and Development, of this Award.
16 Motor Vehicle Leaseback
16.1 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 it was clearly identified that
it was not being provided on such a basis at the time that it was provided.
Factors to consider when determining whether a
leaseback vehicle is a condition of an employee’s employment include:
16.1.1 Whether
the vehicle was offered as an incentive to attract and/or retain the employee;
and
16.1.2 The
period that the employee has had access to a leaseback vehicle.
16.2 Termination
of leaseback vehicle arrangement
16.2.1 Condition
of employment - Unless otherwise provided in this clause, where Council 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.
16.2.2 Not a
condition of employment - Unless otherwise provided, where Council and an
employee enter into a leaseback vehicle arrangement and the employee is not
entitled to a leaseback vehicle as a condition of employment, Council shall
give a minimum of twelve (12) months written notice of termination of the
arrangement.
16.2.3 Other
- Council 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
Council that does not include access to a leaseback vehicle.
16.3 Variation of leaseback vehicle arrangements
16.3.1 Variations
to leaseback arrangements - Proposals to vary leaseback vehicle arrangements,
including the formula for calculating the leaseback vehicle fee shall be
referred to Council’s Consultative Committee.
16.3.2 Variations
to leaseback fees - Council shall not increase the leaseback vehicle fee an employee
is required to pay in any one year by more than ten (10) percent
or 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), whichever is the greater. 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).
16.3.3 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, Council 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, subclause
(16.3.2) above shall not apply. In the
absence of agreement, Clause 32, Grievance and Disputes Procedures, shall apply.
17 Residence
Where an employee is supplied by Council with a residence,
it shall be of a reasonable standard. The rental value of such residence shall
be agreed upon between Council and the employee. The rental value as agreed may
be deducted from the pay of the employee.
18 Hours of Work
18.1.1 General
18.1.1.1 Spread
of Hours
Council and its employees agree that the following
fundamental objectives shall be considered in determining how an employee's
working hours are to be structured under this Award:
18.1.1.2 the
most efficient means of delivery of services;
18.1.1.3 the
most effective way of servicing the customer; and
18.1.1.4 the
most effective way of meeting employees' needs for satisfying work, personal
development, health and workplace safety.
18.1.2 Starting and
Finishing Times
The starting and finishing times within the spread of
hours provided by this clause shall be as determined by Council in consultation
with the employees concerned.
18.1.3 Ordinary Hours of
Work
18.1.3.1 The
ordinary hours for all employees shall be worked between 6:00a.m and 6:00p.m.,
Monday to Friday.
18.1.3.2 Except
as otherwise provided in a Workplace Agreement, the ordinary hours for all employees shall be 76
hours per fortnight worked on nine weekdays in any two week cycle.
18.1.3.3 The
ordinary hours of work for employees, except as otherwise provided in a
Workplace Agreement, engaged in the following functions shall be 70 hours per
fortnight worked on nine weekdays in any two week cycle:
Administration;
Engineering (Professional and Trainees);
Executive Band;
Finance;
18.1.3.4 Management
will, with employee input, arrange rosters ensuring Council and employees
derive maximum benefit from rostered days off; and avoid conflicts between rostered
days and public holidays. In order to meet anticipated customer service
commitments and minimum staffing levels, rostered days may not be for all
employees on Mondays or Fridays; there may be mutually acceptable arrangements
with individual employees for an alternative day off during a particular
period.
18.1.3.5 Employees,
with the approval of Council, may defer up to four rostered days off per annum.
Such deferred days shall be added to accrued time.
18.1.3.6 At
Council’s request and with the employee’s agreement, an employee working a
rostered day off, they may elect to be paid for such day at the same rates as
provided in this Award for working on an ordinary Saturday; without further
entitlement..
18.1.3.7 Employees
called out to perform duties either as an on call officer or as a call-out
giving rise to a ten hour break on the following day as required by clause 19
of this Award, and the following day is an RDO, the employee/s shall have the
right to defer their RDO to another mutually agreed time.
18.2 Water treatment
plant work
18.2.1 Pre-arranged
and emergent work (All Plants)
The following provisions shall apply to employees
whether usually engaged on a "shift work" or "normal hours"
basis; whose place of residence is within 400 metres of a major Water Supply Headworks and/or Treatment Facility (i.e. Oura or Jugiong) and undertake pre-arranged overtime
duties. An employee undertaking pre-arranged duties at a Plant on Saturdays,
Sundays and/or Award Holidays, together with incidental emergent duties outside
working hours throughout the week, will be paid the amount in the Annexure to
this Award , with payment being inclusive for the first four hours of overtime
work performed during each week. These four hours shall be calculated on an hour-for-hour
basis for all time worked in accordance with this subclause.
18.2.2 Normal
overtime penalty rates will accrue after four hours of work performed in any
such week.
18.2.3 For each
Award Holiday on which an employee is required to undertake pre-arranged
overtime, the employee shall be granted accrue one day additional annual leave.
18.2.4 The
requirement of this Clause to undertake incidental emergent duties is not a
requirement to be available for "on call" duties pursuant to Clause
19.2 of this Award; and the provisions of 19.2.6are specifically excluded under
this Clause.
18.2.5 If
Council requires an employee to work concurrently under both the provisions of
this Clause and the "on call" Clause (19.2), all time worked on, and
conditions stipulated for, each set of duties shall stand separately and be
paid separately and cumulatively.
19 Overtime
19.1 General
19.1.1 It is
a condition of employment that employees shall be available to work reasonable
overtime to meet the needs of Council.
19.1.2 Except
to the extent that, either under or prior to the making of this Award, a
supplementary or annualised payment has been incorporated into the ordinary pay
of individual employees, overtime shall be worked and paid for in accordance
with this Award.
19.1.3 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.
19.1.4 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.
19.1.5 Overtime
worked on Sunday shall be paid for at the rate of double time.
19.1.6 Overtime
shall be claimed within 30 days of it being worked. Council shall keep a record
of such overtime. Overtime accruals shall not be forfeited and shall be paid at
the appropriate overtime rate on termination or at other agreed time.
19.1.7 An
employee (other than a casual) who works four or more hour’s overtime:
19.1.7.1 Between
the completion of ordinary work on one shift and the commencement of ordinary
work on the next shift so that they have not had at least ten (10) consecutive
hours off duty between those times, or
19.1.7.2 On days
other than ordinary working days so that they have not had ten (10) consecutive
hours off duty in the fourteen (14) hours preceding the employee’s ordinary
commencement time on the next ordinary working day, shall be released after
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
having had 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.
This subclause only applies to employees who are on
call or called back to work:
19.1.7.3 For
four hours or more, or
19.1.7.4 On consecutive
days without having had a ten hour break, or
19.1.7.5 On more than one occasion during the day outside of the four
hour period.
19.1.8 Where there is
prior agreement between Council 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.
This subclause shall not apply to employees who are on call or called back to
work.
19.1.9 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 Council and standing and / or special
committee meetings shall be entitled to claim overtime for actual hours worked
after 11.00 pm.
19.1.10 Subject
to sub-Clause 19.1.11, Council may require an employee to work reasonable
overtime at overtime rates.
19.1.11 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.
19.1.12 For the purposes of sub-Clause 19.1.11, what is unreasonable
or otherwise will be determined having regard to:
19.1.12.1 Any risk
to the employee;
19.1.12.2 The
employee’s personal circumstances including any family and carer
responsibilities;
19.1.12.3 The
needs of the workplace;
19.1.12.4 The notice,
if any, given by the employer of the overtime and by the employee of their
intention to refuse it; and
19.1.12.5 Any
other matter.
19.2 On call
19.2.1 An
employee is "On Call" if Council requires the employee to be
available, outside the employee’s usual ordinary hours, for emergency and/or
breakdown work and associated responsibilities as detailed in Council’s
Policies (and which formed an annexure to the former Goldenfields
Water County Council Enterprise Award). The On Call period will commence on a
weekday for a seven day period. It is intended that no employee will be
required to participate in an On Call roster for any more than two weeks in any
ten week period. To allow Council flexibility when faced with unforseen staff
shortages, employees may be required to undertake additional on call periods
however such additional periods are not to exceed five weeks in any ten week
period.
On Call work shall not include overtime which has been
pre-arranged prior to the employee’s normal ceasing time.
19.2.2 An
employee required to be On Call will be paid the amount set out in the Annexure
to this Award each rostered week, with such payment being inclusive of payment
for the first four hours of call out work performed during each rostered
period. These four hours shall be calculated on an hour-for-hour basis
inclusive of Saturday, Sunday and Award Holidays.
19.2.3 Normal
overtime penalty rates will accrue after four hours of work performed during
the On Call period.
19.2.4 For
each Award Holiday on which an employee is On Call, the employee shall be
granted one day additional annual leave.
19.2.5 When
an On Call officer has performed duties, a minimum rest period of ten hours
will be provided following the completion of the last activity and prior to the
resumption of normal work.
19.2.6 An On Call employee must be able to be contacted and
commence duty in response to a call-out within 15 minutes.
19.3 Call
Back
19.3.1 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.
19.3.2 Any
employee who is called back to work as defined in subclause 19.3.1 shall be
paid for a minimum of four hours work at the
appropriate overtime rate for each time so recalled. 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.
Ordinarily 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.
19.4 Duty Officer
19.4.1 An
employee is "Duty Officer" if Council requires the employee to be
available, outside the employee’s usual ordinary hours, as the principal contact
for water supply matters and associated responsibilities as detailed in
Council’s Policies (and which formed an annexure to the former Goldenfields Water County Council Enterprise Award). The
duty period will commence on a weekday for a seven day period. It is intended
that no employee will participate in a duty roster for any more than two weeks
in any ten week period. In unusual circumstances employees may be required to
undertake additional Duty Officer periods which are
not to exceed five weeks in any ten week period.
19.4.2 Duty
Officer work shall not include overtime which has been pre-arranged prior to
the employee’s normal ceasing time.
19.4.3 A
Duty Officer must be able to be contacted at all times while on roster.
19.4.4 An
employee required to perform the role of Duty Officer will be paid the amount
set out in the Annexure to this Award each rostered week which is in lieu of:
19.4.4.1 Any
claim for payment for being available, during the rostered period, outside of
the employee’s usual ordinary hours of work, and
19.4.4.2 Any
claim for payment for work performed, outside the employee’s usual ordinary
hours of work, in their capacity of Duty Officer.
19.4.5 For
each Award Holiday on which an employee is Duty Officer, the employee shall be
granted one day additional annual leave.
19.4.6 Employees
performing Duty Officer work shall be entitled to all
other allowances prescribed by this Award, where applicable.
19.4.7 When
a Duty Officer has performed substantial evening or overnight duties totalling
more than two hours between 11.00pm and 4.00am a minimum rest period of ten
hours will be provided following the completion of said duties and prior to the
resumption of normal work.
19.5 Duty Officer -
"Second Call"
19.5.1 In
order to assist in the provision of after hours
responses at peak times, Council may require any employee to be available to
assist the Rostered Duty Officer in the event of demand exceeding the Rostered
Duty Officer’s capacity to deal with same. An employee required to undertake
such duties will be paid the amount set out in the Annexure to this Award each
rostered week, with such payment being subject to all of the relevant
provisions of Clause 18.3 above; with the exception of Clause 18.3.5.
19.5.2 The
rostering of employees to undertake "second call" duties will be
arranged by Council at the same time and in the same manner as applies to all
other arrangements for rostering of "on call", "duty
officer" and "rostered days off".
20 Holidays
20.1 These Public Holidays
shall be observed: New Years' Day; Australia Day; Good Friday; Easter Saturday;
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. It is, however, agreed that locally proclaimed holidays shall
only apply to employees whose permanent place of work is within the general
purpose council area of such local proclamation.
20.2 In addition to
the days provided for in clause 20.1 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 Council with
at least seven (7) days’ notice of their intention to take the holiday in
accordance with this subclause.
20.3 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.
20.4 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.
20.5 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.
20.6 Where an
employee is required to work ordinary hours on a holiday as prescribed by this
Award, the council 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.
20.7 When a holiday
occurs on a day on which an employee is rostered off while employed on a seven
day a week rotating roster system, the employee shall be paid a day's pay at
ordinary rates in addition to the ordinary week's pay. Council may in lieu of
making such additional payment, grant a day's leave for each such holiday which
may be taken at such time as is mutually agreed to between Council and the
employee.
21 Union Picnic Day
21.1 Union Picnic Day
shall for the purposes of this Award be regarded as a holiday for permanent employees
who are financial members of the union(s). The Union Picnic Day shall be on
such day as is agreed between Council and the union(s). Permanent employees who
are not rostered on the day deemed as a Union Picnic day will have an alternate
day allocated as agreed by the employee.
21.2 The union(s)
shall advise Council 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.
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.
21.3 Employees who
are not financial members of the union(s) and who are not required to work on
Union Picnic Day, may apply to Council to take annual leave, time off in lieu
of overtime, leave without pay, such other leave as may be approved by council,
or may be required by council to make up time.
21.4 Where Council
approves or grants non-financial members of the union(s) an additional day in
excess of current entitlements of those employees, financial members of the
union(s) will be granted an additional day off.
21.5 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.
22 Leave Provisions
In addition to the provisions of the Award, the following
supplementary Leave Provisions shall apply to employees of Council.
22.1 Sick leave
22.1.1 Employees who are unable
due to sickness to attend for duty shall be entitled during each year of
service to sick leave of 3 weeks at the ordinary rate of pay subject to the
following conditions: -
22.1.1.1 Council
shall be satisfied that the sickness is such that it justifies the time off;
and
22.1.1.2 Council
shall be satisfied that the illness or injury does not arise from engaging in
other employment; and
22.1.1.3 proof
of illness to justify payment shall be required after 4 separate periods of
absence in each service year or where an absence exceeds 3 or more concurrent
working days; and
22.1.1.4 When
requested, proof of illness shall indicate the employee’s inability to
undertake their normal duties; and
22.1.1.5 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.
22.1.1.6 Proof
of illness may include certification from a qualified medical/health
practitioner, registered with the appropriate government authority or statutory
declaration.
22.1.1.7 The
council may require employees to attend a doctor nominated by council at council’s
cost.
22.1.1.8 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.
22.1.1.9 Accumulated
sick leave shall be transferable on change of employment from council to
council 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 Council and appointment
to the service of another council 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.
22.1.1.10 Where an employee has had 10 years’ service with the Council
and the sick leave entitlement as prescribed has been exhausted, Council may
grant such additional sick leave as, in its opinion, the circumstances may warrant.
22.1.1.11 Section
50 of the Workers Compensation Act 1987 dealing with the relationship between
sick leave and workers compensation applies.
22.1.2 An employee shall,
wherever possible, notify their supervisor, within one hour of the employee’s usual
starting time, of the employee’s inability to attend on account of illness or
injury and advise the employer of the estimated duration of their absence.
22.1.3 Illness During Annual and Long Service Leave
If an employee becomes sick or is injured for a period
of at least seven consecutive days whilst on annual or long service leave and
produces at the time satisfactory medical evidence that the employee is unable
to derive benefit from such leave, then the employee’s leave balances will be
adjusted by:
22.1.3.1 Re-crediting
the number of annual or long service leave days shown in the medical evidence,
and
22.1.3.2 Debiting
the employee’s sick leave balance by the corresponding number of days.
22.2 Carers Leave
22.2.1 Use of Sick Leave:
An employee, other than a casual employee, with responsibilities in relation to
a class of person set out in subclause 22.2.7.2 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 Clause 20.2.1,
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.
22.2.2 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.
22.2.3 Where more than
ten days’ sick leave in any year of service is to be used for caring purposes
the council and employee shall discuss appropriate arrangements which, as far
as practicable, take account of the council’s and employee’s requirements.
22.2.4 Where the parties
are unable to reach agreement the grievance and disputes procedures at Clause
32 of this Award should be followed.
22.2.5 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.
22.2.6 Council may
require the employee to provide proof of the need for carer’s leave as follows:
22.2.6.1 Less
than 10 days - Where less than ten days’ sick leave in any year of service is
sought to be used for caring purposes Council 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
22.2.6.2 More
than 10 days - Where more than ten days’ sick leave in any year of service is
sought to be used for caring purposes Council 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
22.2.6.3 Establish
by production of documentation acceptable to the council or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
22.2.7 The entitlement to
use sick leave in accordance with this subclause is subject to:
22.2.7.1 The employee
being responsible for the care of the person concerned; and
22.2.7.2 The
person concerned being:
22.2.7.2.1 A spouse
of the employee; or
22.2.7.2.2 A defacto spouse and/or same sex partner, 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
22.2.7.2.3 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
22.2.7.2.4 A
relative of the employee who is a member of the same household, where for the
purposes of this Clause:
22.2.7.2.4.1 'Relative'
means a person related by blood, marriage or affinity;
22.2.7.2.4.2 'Affinity'
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
22.2.7.2.4.3 'Household'
means a family group living in the same domestic dwelling.
22.2.7.3 An
employee may with Council approval, take unpaid leave to provide care and
support to a class of person set out in subclause 22.2.7.2 above who is ill or
who requires care due to an unexpected emergency.
22.2.7.4 An
employee shall, wherever practicable, give Council 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.
22.2.8 Carer’s
Entitlement for Casual Employees
22.2.8.1 Subject
to the evidentiary and notice requirements in subclauses 22.2.6 and 22.2.9
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 22.2.7.2 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.
22.2.8.2 Council
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.
22.2.8.3 Council
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
22.2.9 Time
off in Lieu of Payment for Overtime
An employee may, with the consent of Council, elect to
take time in lieu of payment of overtime accumulated in accordance with the
provisions of Clause 18 Part A of this Award for the purpose of providing care
and support for a person in accordance with subclause 22.2.7.2 above.
22.2.10 Make-up
time
An employee may elect, with the consent of Council, 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 subclause 22.2.7
above.
22.2.11 Annual
Leave and Leave Without Pay
An employee may elect with the consent of Council to
take annual leave or leave without pay for the purpose of providing care and
support for a person in accordance with subclause 22.2.7 above. Such leave
shall be taken in accordance with Clause 22 .3, Annual Leave and Clause 22.9,
Leave Without Pay of this Award.
22.3 Annual Leave
22.3.1 Annual
leave of absence consisting of 4 weeks at the ordinary rate of pay, exclusive
of public holidays observed on working days shall be granted to an employee,
after each 12 months service and, except as provided for in subclause 22.3.2 of
this clause, shall be taken on its due date or as soon as is mutually
convenient thereafter Council and the employee.
22.3.2 Council
may direct an employee to take annual leave by giving at least four weeks prior
notification in the following circumstances:
22.3.2.1 Where
the employee has accumulated in excess of eight weeks annual leave
22.3.2.2 A
period of annual close-down of up to and including 4 weeks. Provided that:
22.3.2.2.1 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
22.3.1 of this clause.
22.3.2.2.2 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, council 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.
22.3.2.2.3 In the
event that meaningful duties are not available the employee may be directed to
take leave without pay, or by agreement with council 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.
22.3.2.2.4 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
22.3.3 Payment
to an employee proceeding on annual leave shall be made Council 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.
22.3.4 On
resignation or termination of employment, Council shall pay to the employee:
22.3.4.1 Their
ordinary rate of pay for all untaken leave credited for completed years of
service, and
22.3.4.2 For an
incomplete year, one twelfth of their ordinary rate of pay multiplied by the
number of completed weeks of service in that year.
Provided that the employee shall not receive payment
for more than four weeks annual leave for any period of twelve months.
22.3.5 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.
22.4 Long service
leave
22.4.1 Rate
of Accrual
Except as otherwise provided in this Clause, employees
shall accrue and Council shall credit each employee long service leave on
ordinary pay after each period of continuous service with Council on the
following basis:
22.4.1.1 On completion of five years service,
6.5 weeks
22.4.1.2 On completion of ten years service,
a further 6.5 weeks
22.4.1.3 After completion of each of the eleventh to fifteenth years,
1.7 weeks per year
22.4.1.4 After completion of each subsequent year, 2.7 weeks per year
22.4.2 Termination
of Service
Where an employee has completed more than five years service 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 ten years; and thereafter at the annual rates stipulated
in Clause 22.4.1 above; shall be paid to such employee on termination.
22.4.3 Continuous
Service
Continuous Service shall be the period from the date of
commencement to the date of termination of employment and shall include:
22.4.3.1 All
approved paid leave
22.4.3.2 Subject
also to Sub-clauses 22.4.2, previous employment with Great Southern Energy,
Northern Riverina County Council or Department of Public Works and Services
which was terminated by compulsory transfer to Council on or after July 01,
1997.
22.4.3.3 Employment
as a part-time employee
22.4.3.4 Service
with any other Government Department or Local Government Body shall be service
for the purpose of long service leave accrual under this Award provided that:
22.4.3.4.1 The
former employer pays to Council the monetary value of the long service leave
which the employee has accrued at the time of transfer, and
22.4.3.4.2 The
period between cessation of service with the former employer and appointment to
the service of Council 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, and
22.4.3.4.3 The
employee concerned does not engage in work of any kind during the period of
paid leave between the cessation of service with the former employer and
appointment to the service of Council.
22.4.3.5 Service
in the armed forces, enlisted or conscripted, shall be service for the purpose
of long service leave accrual provided that the employee was an employee of
Council, its predecessors or a Local Government Council in New South Wales at
the time of commencing the service.
22.4.4 For
those employees whose continuous service, as defined at Clause 22.4.3, is
comprised of a combination of service with Great Southern Energy, or Northern
Riverina County Council, or the Department of Public Works and Services; and
Council, Council shall credit each employee long service leave on ordinary pay
as follows:
22.4.4.1 For
that period of service with Great Southern Energy, Northern Riverina County
Council or the Department of Public Works and Services; at the amount of leave
accrual prescribed within the relevant Award or Industrial Instrument governing
the employee’s long service leave entitlements during that period of service,
and
22.4.4.2 For
that period of service with Council; at the amount of leave prescribed at
Clause 22.4.3 of this Award.
22.4.5 Full
Pay, Half Pay, Double Pay
An employee who is entitled to long service leave may,
with the consent of Council, take long service leave:
22.4.5.1 On full
pay; or
22.4.5.2 On half
pay; or
22.4.5.3 On double pay.
22.4.6 When
an employee takes long service leave, the leave entitlement will be deducted on
the following basis:
22.4.6.1 A
period of leave on full pay - the number of days so taken; or
22.4.6.2 A
period of leave on half pay -half the number of days so taken; or
22.4.6.3 A
period of leave on double pay - twice the number of days so taken.
22.4.7 When
an employee takes long service leave, the period of service for the purpose of
leave accruals shall be as follows:
22.4.7.1 A
period of leave on full pay - the number of days so taken; or
22.4.7.2 A
period of leave on half pay -half the number of days so taken; or
22.4.7.3 A
period of leave on double pay -the number of days so taken.
22.4.8 Employees
that take long service leave at half or double pay shall not be disadvantaged
nor obtain a windfall gain in relation to superannuation.
22.5 Parental Leave
(General)
Relationship with federal legislation - Clauses 22.5,
22.6, 22.7, and 22.9 of this Award shall apply in addition to:
22.5.1 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); as amended from time to time.
22.5.2 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
|
22.6 Requests for
flexible work arrangements
Chapter 2, Part 2-2, Division 4, Requests for Flexible
Working Arrangements of the Fair Work Act 2009, shall apply.
22.7 Paid Parental Leave
22.7.1 Definitions
- in this clause:
22.7.1.1 PPL
instalments shall mean instalments paid during the paid parental leave period
under the Paid Parental Leave Act 2010 (Cth).
22.7.1.2 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.
22.7.2 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 Council immediately prior to the commencement of paid
leave.
22.7.3 Entitlement
to parental leave make-up pay
22.7.3.1 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.
22.7.3.2 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.
22.7.3.3 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 council for
at least 3 months since their previous period of parental leave.
22.7.4 Employee’s
right to choose
22.7.4.1 An
employee who satisfies the eligibility criteria for paid maternity leave or
paid special maternity leave under Clause 19F, Paid Maternity Leave, of the
Local Government (State) Award 2007, may elect to receive paid maternity leave
and / or paid special maternity leave 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.
22.7.4.2 This
subclause shall not apply where another employee of council receives parental
leave make-up pay in connection with the pregnancy or birth of the child.
22.8 Concurrent
Parental Leave
An employee, other than a casual, who is a supporting
parent shall be entitled to up to 10 days 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 council immediately prior to the
commencement of their concurrent parental leave.
22.9 Adoption Leave
22.9.1 Eligibility
This clause applies to an employee who is entitled to
adoption-related leave under the Fair Work Act 2009 (Cth).
22.9.2 Pre-adoption
Leave
22.9.2.1 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.
22.9.2.2 An
employee who is entitled to a period of paid pre‑adoption leave is
entitled to take the leave as:
22.9.2.3 Single
continuous period of up to 2 days; or
22.9.2.4 Any separate
periods to which the employee and council agree.
22.9.3 Adoption
Leave
22.9.3.1 An
employee, other than a casual, who has or will have primary responsibility for
the care of an adopted child is entitled to up to 4
weeks paid adoption leave at ordinary pay from the date the child is placed
with the employee for adoption.
22.9.3.2 Paid
adoption leave must not extend beyond 4 weeks of the date of placement of the
child.
22.9.3.3 This
subclause shall not apply where an employee of council receives parental leave
make-up pay in connection with the adoption of the child.
22.10 Other
paid leave
22.10.1 Jury
Service Leave
An employee required to attend for jury service during
the employee’s ordinary working hours shall be reimbursed by Council 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 Council as soon as
possible of the date upon which the employee is required to attend for jury
service. Further the employee shall give Council proof of attendance, the
duration of such attendance and the amount received in respect of such jury
service.
An employee required to attend for jury service during
a period of annual leave shall, on application and on production of
satisfactory evidence, be credited with annual leave at a subsequent date, for
the period during which the employee would have been on annual leave had the
employee not been on jury service.
22.10.2 Union
Training Leave
Council shall agree to release employees to attend an
accredited trade union training course with pay and such agreement shall not
unreasonably be withheld.
22.10.3 Union
Conference Leave
Accredited delegates to the union’s annual conferences
shall be granted paid leave for the duration of the conference provided that
Council’s operational requirements are met and the union notifies Council of
the accredited delegates nominated to attend the conference at least one month
prior to the commencement of the conference.
22.11 Bereavement leave
Bereavement leave entitlements for employees employed at
Goldenfields will be those found in the Underpinning
Local Government Award, except that the provisions will be extended to benefit
same sex partners.
22.12 Emergency service
leave
22.12.1 Council
will release employees who are registered members of New South Wales Emergency
Service Organisations to participate in declared emergency events without loss
of ordinary pay or entitlements subject to such release not jeopardising
Council’s ability to maintain its core services.
22.12.2 The
releasing of such employees shall be subject to the following:
22.12.2.1 The
release of the employee from duty, either by the appropriate supervisor or,
when such supervisor cannot be contacted, the rostered Duty Officer.
22.12.2.2 The
subsequent submission of appropriate certification duly signed by an authorised
officer of the emergency organisation detailing particulars of the employee’s
participation in the event.
22.13 Leave without pay
22.13.1 Periods
of leave without pay, shall be taken at a time mutually convenient to council
and the employee, and shall not be regarded as service for the purpose of
computing long service leave, sick leave, annual leave or an employee’s
entitlement to parental leave make-up pay. Such periods of leave without pay
shall not however, constitute a break in the employee’s continuity of service.
22.13.2 An
employee shall not be entitled to any payment for public holidays during an
absence on approved leave without pay.
23 Flexibility for Work And
Family Responsibilities
23.1 Council and an
employee, other than a casual, may agree on flexible work and leave
arrangements to enable the employee to attend to work and family
responsibilities. Council shall not
unreasonably withhold agreement to flexible work and leave arrangements, provided
its operational needs are met.
23.2 Flexible work
and leave arrangements include but are not limited to:
23.2.1 Make
up time;
23.2.2 Flexi
time;
23.2.3 Time
in lieu;
23.2.4 Leave
without pay;
23.2.5 Annual
leave;
23.2.6 Part-time
work;
23.2.7 Job
share arrangements;
23.2.8 Variations
to ordinary hours and rosters;
23.2.9 Purchased
additional annual leave arrangements; and arrangements to accommodate
breastfeeding women.
23.3 The terms of a
flexible work and leave arrangement 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
24.1 In recognition
of the ageing workforce in local government and the need to retain skills and
experience within the industry, councils are encouraged to develop and promote
flexible work and leave arrangements to enable their employees to better manage
their transition into retirement.
24.2 Examples of
flexible work and leave arrangements include:
24.2.1 Part-time
work;
24.2.2 Flexi
time;
24.2.3 Leave
without pay;
24.2.4 Job
sharing arrangements;
24.2.5 Variations
to ordinary hours and rosters;
24.2.6 Job
redesign; and
24.2.7 Purchased
additional annual leave arrangements.
24.3 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 Council or the
employee.
25 Part-time Employment
25.1
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 18, Hours of Work of this Award.
25.2
Prior to commencing part-time work Council and the
employee shall agree upon the conditions under which the work is to be
performed including:
25.2.1 The
hours to be worked by the employee, the days upon which they shall be worked
and the commencing times for the work.
25.2.2 The
nature of the work to be performed.
25.2.3 The
rate of pay as paid in accordance with this Award
25.3 The conditions
may also stipulate the period of part-time employment.
25.4 The conditions
may be varied by consent between the employer and the employee.
25.5 The conditions or
any variation to them must be in writing and retained by Council. A copy of the
conditions and any variations to them must be provided to the employee by the
Council.
25.6 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.
25.7 In such cases
Council and the employee shall agree upon the conditions, if any, of return to
full-time work.
25.8 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 18, Hours of Work of this Award, the provisions of Clause 19,
Overtime, shall apply.
25.9 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.
25.10 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.
25.11 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.
26 Casual Employment
26.1 A casual
employee shall mean an employee engaged on a day to day basis.
26.2 A casual
employee shall be paid the hourly rate for ordinary hours worked in accordance
with Clause 18, Hours of Work.
26.3 Casual employees
who work on Saturday and/or Sunday are entitled to penalty rates prescribed by
clause 18.1.2 of the Award. The
penalties are calculated on the ordinary hourly rate.
26.4 Casual employees
who work outside the relevant spread of hours identified at clause 17C (i) and (ii) of the State Award are entitled to a shift
penalty. The penalty is calculated on
the ordinary hourly rate.
26.5 Subject to
clause 18A (viii) of the State Award, a casual employee will not be offered to
work overtime in a position held by a permanent employee of Council, 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 17, Hours of
Work of the State Award.
26.6 In addition to
the amounts prescribed by subclause 24.2 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 and severance pay, except for paid parental leave
prescribed by the State Award. Casual loading is not payable on overtime.
26.7 Casual employees
engaged on a regular and systematic basis shall:
26.7.1 Have access
to annual assessment under council's salary system.
26.7.2 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 council'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.
26.8 A casual
employee shall not replace an employee of Council on a permanent basis.
26.9 Carer’s
entitlements shall be available for casual employees as set out in subclause
(vii) of Clause 20, Part B of the State Award.
26.10 Bereavement
entitlements shall be available for casual employees as set out in in the
underpinning State Award, except that the provisions will be extended to
benefit same sex partners
27 Job Share Employment
27.1 Job sharing is a
form of part-time employment where more than one employee shares all the duties
and responsibilities of one position.
27.2 Job sharing
shall be entered into by agreement between Council and the employees concerned.
27.3 Such agreement
shall be referred to the consultative committee for information.
27.4 Council and the
job sharers shall agree on the allocation of work between job sharers.
27.5 The ordinary
hours of work of the position shall be fixed in accordance with Clause 18,
Hours of Work of this Award.
27.6 The job sharers
in conjunction with council 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.
27.7 In the absence
of a job sharer the remaining job sharer(s) may be required by council to
relieve the absent job sharer provided the remaining job sharer(s) are
reasonably available.
27.8 In such cases
the relieving job sharer(s) shall be paid their ordinary rate of pay for the
time relieving.
27.9 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 18, Hours
of Work of this Award the provisions of Clause 19, Overtime, shall apply.
27.10 Council must
establish appropriate communication mechanisms between the job sharers to
facilitate the handing over of tasks from one job sharer to another.
27.11 Job sharers shall
have access to all provisions of this Award including training and development.
27.12 Job sharers shall
receive pro-rata pay and conditions in proportion to the ordinary hours worked
by each job sharer.
27.13 An adjustment to
accrued leave entitlements may be required at the conclusion of each service
year based on the proportion of actual hours worked.
27.14 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.
27.15 In the event of a
job sharer vacating the position Council shall review the position and shall
consider filling the vacancy or offering the remaining job sharer(s) increased
hours.
27.16 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 Council.
28 Junior and Trainee Employment
28.1 General
28.1.1 The
rates of pay specified in Band 1 / Level 1 are actual not minimum rates.
28.1.2 Employees
engaged at the T3 rate of pay or above may be required to possess a Provisional
or Class C Drivers Licence.
28.2 Junior
employment
28.2.1 The
rates of pay as provided in Band 1 / Level 1 are payable to juniors (15-18
years old).
28.2.2 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.
28.2.3 Progression
along the scale is automatic up to and inclusive of T4, according to the employee's
age.
28.3 Trainee employment and apprenticeships
28.3.1 The
rate of pay as provided for in Band 1 / Level 1 are payable to employees
undertaking entry level training.
28.3.2 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.
28.3.3 Progression
along the scale is not automatic, but is subject to successful completion of
appropriate training modules and satisfactory service.
28.3.4 Upon
successful completion of entry level training, the employee shall proceed to
the appropriate band and level in the structure, if the employment is to be
continued beyond the training period.
28.3.5 In
addition to the vocational training direction, the council shall provide an
apprentice with the conditions of the apprenticeship in writing and these
conditions shall include:
28.3.5.1 The
term of the apprenticeship;
28.3.5.2 The
course of studies to be undertaken by the apprentice;
28.3.5.3 The
course of on the job training to be undertaken by the apprentice.
28.4 School based apprentices
28.4.1 The
object of sub-clause 28.4. of this clause is to assist
persons who are undertaking an apprenticeship under a training contract while
also enrolled in the Higher School Certificate. Such school based
apprenticeships are undertaken at a minimum Certificate III Australian
Qualifications Framework (AQF) qualification level as specified in the relevant
Vocational Training Order pursuant to the Apprenticeship and Traineeship Act
2001.
28.4.2 The
hourly rates for school based 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 in
accordance with Clause 18, Hours of Work.
28.4.3 For
the purpose of subclause (28.4.2), where a school based apprentice is a full
time school student, the time spent in off-the-job training for which the
school based 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.
28.4.4 School
based 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.
28.4.5 Except
as provided by this Award, school based apprentices are entitled to pro rata
entitlements of all other conditions of employment.
28.5 Government funded traineeships
28.5.1 The
objective of sub-clause 28.5 of this clause is to assist in the establishment
of a system of traineeships which provides approved training in conjunction
with employment in order to enhance the skill levels and future employment
prospects of trainees.
28.5.2 The
system is neither designed nor intended for those who are already trained and
job ready.
28.5.3 Nothing
in this subclause shall be taken to replace the prescription of training
requirements for all other employees bound by this Award.
28.5.4 Except
as in hereinafter provided, all other terms and conditions of this Award shall
apply.
28.5.5 This
subclause shall apply to trainees engaged to undertake a traineeship which is a
system of training approved by the relevant state training authority. The
trainee and the council shall be bound by a training agreement made in
accordance with this Award and shall not operate unless this condition is met.
28.5.6 A traineeship
shall not commence until the relevant Traineeship Agreement has been registered
with the relevant State Training Authority.
28.5.7 The
council shall ensure that the trainee is permitted to attend the training
course or program provided for in the Traineeship Agreement and shall ensure
that the trainee receives the appropriate on-the-job training in accordance
with the Traineeship Agreement.
28.5.8 The
council shall provide a level of supervision in accordance with the Traineeship
Agreement during the traineeship period.
28.5.9 Training
shall be directed at:
28.5.9.1 The
achievement of key competencies required for successful participation in the
workplace and / or
28.5.9.2 The achievement
of competencies required for successful participation in an industry.
28.5.10 Until consultation and negotiations with the relevant
industry union(s) upon the terms of the proposed Traineeship Scheme and the
Traineeship has occurred a Traineeship Scheme shall not be given approval. An
application for approval of a Traineeship Scheme shall identify the relevant
industry union(s) and demonstrate to the satisfaction of the approving
authority that the abovementioned consultation and negotiations have occurred.
28.5.11 Sub-clause
28.5 of this clause does not apply to apprentices.
28.5.12 Any existing employment arrangements for the Australian
Traineeship System (ATS) or the Career Start Traineeship (CST) shall not apply
to any council bound by this Award, except in relation to ATS or CST trainees
who commenced a traineeship with the council before the Council was bound by
this Award.
28.5.13 Trainees
shall not displace existing employees from employment.
28.5.14 Trainees
shall only be engaged in addition to existing staff positions and employment
levels.
28.5.15 The provisions of subclause (28.5.15) above do not apply to
the engagement of Indigenous trainees and trainees paid at Band 1 / Level 1 of
the Award. This subclause shall not be
used to reduce the core number of employees at a council.
28.5.16 A trainee shall be engaged on a full time basis for the
period of at least twelve months. By agreement in writing, and with the consent
of the relevant State Training Authority, the relevant council 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. This clause shall not restrict a council's ability to
engage a trainee under a school-based traineeship.
28.5.17 Council
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.
28.5.18 Where
Council 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.
28.5.19 A
trainee who fails to complete the traineeship or who cannot for any reason be
placed in full-time employment with Council 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.
28.5.20 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 Traineeship Agreement.
28.5.21 Where the employment of a trainee by an employer is
continued after the completion of the traineeship period, such traineeship
period shall be counted as service with the council for the purposes of this
Award or any other legislative entitlements.
28.5.22 Wages
28.5.22.1 The weekly
amount of pay payable to trainees shall be as provided in Table 1 of Part B,
Traineeship Rates, of this Award.
28.5.22.2 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.
29 Training and Development
29.1
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:
29.1.1 Developing
a more highly skilled and flexible workforce
29.1.2 Providing
employees with opportunities through appropriate education and training to
acquire additional skills and
29.1.3 Removing
barriers to the utilisation of skills in accordance with councils' training
plans.
29.2
All employees shall have reasonable and equitable
access to education and training, such education and training shall:
29.2.1 Be consistent with Council's training plan
29.2.2 Enable
employees to acquire the range of skills they are required to apply in their
positions
29.2.3 Enhance
employees' opportunities for mobility through councils' organisation structures,
through participation in Councils' training plans.
29.3 Training Plan
and Budget
29.3.1 Council shall
develop a training plan and budget consistent with:
29.3.1.1 The
current and future skill requirements of Council.
29.3.1.2 The size,
structure and nature of the operations of Council.
29.3.1.3 The
need to develop vocational skills relevant to Council and the Local Government
industry.
29.3.2 In
developing the training plan, the council shall have regard to corporate,
departmental and individual training needs.
29.3.3 The
training plan shall be designed in consultation with the consultative
committee.
29.3.4 The
training plan shall, where appropriate, provide for training that is consistent
with the National Local Government Competency Standards.
29.3.5 The
training plan shall provide for the assessment and recognition of employee's
current competencies where possible.
29.3.6 Selection
of participants to receive Council required training in accordance with
council's training plan is to be based on merit and the needs of the employee
as identified in the employee's performance appraisal.
29.4
If an employee is required by council to undertake
training in accordance with Council's training plan:
29.4.1 Council
shall grant the employee paid leave to attend course requirements, including
examinations, where the training is undertaken during ordinary working hours;
29.4.2 Where
the course requirements contain more than a 15% off-the-job component
calculated over any 12 month period the extent to which Council will grant paid
leave to attend such course requirements shall be specified in the training
plan;
29.4.3 Council
shall pay course fees at the commencement of each stage but shall not pay
course fees if the employee is repeating;
29.4.4 Council
shall either provide transport or pay reasonable travelling expenses to enable
employees to attend course requirements;
29.4.5 Reasonable
travel arrangements shall be agreed; and
29.4.6 Where
an employee is required to complete major assignment(s) Council and the
employee shall agree upon appropriate flexible work and study arrangements as
are practicable.
29.5
Council may grant an employee undertaking a course
consistent with Council's training plan, although not Council'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 Council 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. Council may pay course
fees at its discretion.
29.6 Development of a
Competency Based Training System
29.6.1 The
parties to the Award are committed to the development of a competency based
system of vocational education and training for local government. Such a system
involves the delivery, assessment and certification of training being related
to the identification and demonstrated attainment of the knowledge, skills and
their application required for effective performance in work at the required
level, as defined in industry endorsed competency standards.
29.6.2 The
parties shall continue to participate in the development of a competency based
training system to ensure that the following are achieved:
29.6.2.1 That
competency standards developed provide the specification of the knowledge and
skill and the application of that knowledge and skill to the standards of
performance required in employment;
29.6.2.2 That
competency standards are reviewed in a systematic manner to ensure that they
remain relevant to the actual needs of the industry;
29.6.2.3 That
accredited courses and training programs deliver the required competencies and
to ensure that assessment processes measure an employee's competency against
prescribed standards of performance. These processes involve recognition of
prior learning and assessment mechanisms;
29.6.2.4 That
certification provides employees with formal recognition of the competencies
they have achieved and demonstrated.
30 Consultative Committees
30.1 Aim
The parties to the Award are committed to consultative and
participative processes. There shall be a consultative committee at council
which shall:
30.1.1 Provide
a forum for consultation between Council and its employees;
30.1.2 Positively
co-operate in workplace reform to enhance the efficiency and productivity of
Council and to provide employees with access to career opportunities and more
fulfilling, varied and better paid work.
30.2 Size
and composition
30.2.1 The
size and composition of the consultative committee shall be representative of
Council’s workforce and agreed to by Council and the local representatives from
the unions which are parties to this Award, and such agreement shall not be
unreasonably withheld.
30.2.2 The
consultative committee shall include but not be limited to employee representatives
of each of the unions who have members employed at Council.
30.2.3 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.
30.3 Scope of consultative committees
30.3.1 The
functions of the consultative committee shall include, but is not limited to:
30.3.1.1 Award
implementation
30.3.1.2 Training
30.3.1.3 Consultation
with regard to organisation restructure
30.3.1.4 Job
redesign
30.3.1.5 Salary
systems
30.3.1.6 Communication
and education mechanisms
30.3.1.7 Performance
management systems
30.3.1.8 Changes
to variable working hours arrangements for new or vacant positions
30.3.1.9 Local
government reform
30.3.1.10 Proposed
variations to leaseback vehicle arrangements.
30.3.2 The
consultative committee shall not consider matters which are being or should be
processed in accordance with Award clause 31 Grievance and Disputes Procedures.
30.4 Meetings and support services
30.4.1 The
consultative committee will make recommendations based upon consensus. Where
there is no consensus on a particular item, the recommendation to Council
should note the dissenting views.
30.4.2 The
consultative committee shall meet as required
30.5 Employee
nominations
Employees shall nominate employee representatives on
the Consultative Committee.
30.6 Appointment and
promotion
30.6.1 Where
an internal applicant has applied for a new or vacant position and their
application is unsuccessful, the employee may:
30.6.1.1 Request
in writing the reasons as to why they were not appointed; and
30.6.1.2 Upon
such request Council shall provide the reasons in writing.
31 Term Contracts
31.1
A Council may only employ a person on a term contract
of employment in the following situations:
31.1.1 For
the life of a specific task or project that has a definable work activity, or
31.1.2 To
perform the duties associated with an externally funded position where the
length of the employment depends on the length of the funding, or
31.1.3 To
perform the duties associated with a vacant position until the vacant position
is filled on a permanent basis, provided that the duration is not longer than is reasonably necessary to undertake
recruitment for the vacant position, or
31.1.4 To
temporarily replace an employee that is on approved leave, secondment, workers
compensation or acting in a different position, or
31.1.5 To
undertake training and work as part of an apprenticeship, traineeship or
student work experience program in conjunction with an education institution,
or
31.1.6 To
trial a new work area, provided that the duration is no longer than is
reasonably necessary to trial the new work area, or
31.1.7 To
perform the duties associated with a vacant position during the intervening
period between when a council 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;
31.1.8 To
accommodate time limitations imposed by law or sought by the employee (e.g.
visa restrictions).
32 Grievance and Dispute Procedures
32.1 Right to
representation
During the procedure, the employee(s) may be
represented by their union, or its local representative or other support
person; and Council represented by Local Government NSW or other
representative.
32.2 Delegate access to
management
The union delegate where prior approval is sought shall
have reasonable opportunity to discuss disputes with management and employees
without loss of pay. Such approval will not be unreasonably withheld.
32.3 Procedure
A grievance or dispute shall be dealt with as
follows:
32.3.1 The
employee(s) shall notify the supervisor of any grievance or dispute and the
remedy sought, in writing.
32.3.2 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.
32.3.3 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.
32.3.4 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.
32.3.5 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.
32.4 Industrial
Registrar
The Industrial Registrar may be advised of the
existence of a dispute at any stage of this procedure.
32.5 Status Quo
during negotiation
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.
32.6 Role of IRC
The Parties agree the powers of the Commission
including conciliation and arbitration will be utilised should a dispute remain
unresolved.
33 Disciplinary Procedures
33.1 Employee's
rights
Notwithstanding the procedures below, an employee
shall:
33.1.1 Have
access to their personal files and may take notes and / or obtain copies of the
contents of the file.
33.1.2 Be
entitled to sight, note and / or respond to any information placed on their
personal file which may be regarded as adverse.
33.1.3 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.
33.1.4 Be
entitled to request the presence of a union representative and / or the
involvement of their union at any stage.
33.1.5 Be
entitled to make application for accrued leave for whole or part of any
suspension during the investigation process.
33.2 Employer's rights and obligations
Notwithstanding the procedures contained below, Council
shall:
33.2.1 Be
entitled to suspend an employee with or without pay during the investigation
process provided that:
33.2.1.1 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.
33.2.1.2 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.
33.2.1.3 The
suspension shall not affect the employee's continuity of service for the
purposes of accruing leave entitlements.
33.2.1.4 Council
shall not unreasonably refuse an application for paid leave under this
provision.
33.2.1.5 By
agreement an employee may be transferred to another position or place of work.
33.2.2 Properly
conduct and speedily conclude an investigation into the alleged unsatisfactory
work performance or conduct.
33.2.3 Be
entitled to take other disciplinary action before and / or during the
procedures in cases of misconduct or where the employee's performance warrants
such action.
33.2.4 In
appropriate circumstances be entitled to terminate an employee's services in
accordance with Clause 35, Termination of Employment of this Award.
33.2.5 Be
entitled to request the presence of a union representative at any stage.
33.3 Procedures
33.3.1 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
council.
33.3.2 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.
33.3.3 Where
there is re-occurrence of unsatisfactory work performance or conduct, the
employee shall be warned formally in writing by the appropriate officer of
council 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.
33.3.4 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.
33.3.5 If
the employee's work performance or conduct does not improve after the final
warning further disciplinary action may be taken.
33.3.6 All
formal warnings shall be in writing.
33.3.7 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.
33.4 Penalties
After complying with the requirements above, Council
may:
33.4.1 Demote
the employee to a lower paid position, provided that the employee shall not
suffer a reduction in the rate of pay for 2 weeks from the date of the
demotion.
33.4.2 Suspend
an employee without pay from work for a specified period of time.
33.4.3 Terminate
the employment of the employee.
34 Work Health and Safety
34.1 Statement of Intent
The parties to the Award are committed to co-operating
positively to:
34.1.1 promote the safety and welfare of workers and other people
in the workplace;
34.1.2 Eliminate
unsafe work practices; and
34.1.3 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.
34.1.4 Further
information and resources are available from the following organisations:
34.1.5 Workcover NSW: www.workcover.nsw.gov.au
34.1.6 Safe
Work Australia: www.safeworkaustralia.gov.au
34.2 Accommodation and shelter
Council shall make appropriate provision for employees with
regard to accommodation and shelter and shall satisfy the provisions of the
Work Health and Safety Act and Regulations.
34.3 Provision of
equipment and uniforms
All safety equipment and compulsory uniforms will be
provided by Council free of charge and be replaced on the basis of fair wear
and tear.
34.4 Inclement
weather
Council will provide all employees required to work
outdoors in wet weather with suitable wet weather clothing. Council further
undertakes to provide gainful employment for staff at all times; and guarantees
that no employee will be stood down as a result of inclement weather.
34.5 Specific
provisions
34.5.1 Council
shall supply employees with protective clothing and equipment suitable to the
nature of the work performed and the work environment and that shall satisfy
the relevant legislation.
34.5.2 All
new graders, loaders, backhoes, trucks and rollers shall be fitted with air
conditioning where practicable.
34.5.3 Vehicles
and plant used in the collection, transportation and disposal of waste, tar
patching, patrol grading or like duties shall be of high visibility and fitted
with a flashing light or a light visible from all points around the vehicle.
34.5.4 The
employer shall provide oil or other suitable solvents to employees for the
removal of creosote, tar, bitumen emulsions or similar preparations.
34.5.5 Where
any acidic or caustic products are used by employees, adequate facilities shall
be provided to enable them to wash any affected areas and an adequate quantity
of barrier cream shall be provided.
34.5.6 Employees
shall be supplied with sufficient cool water containers to ensure that adequate
clean, cool drinking water is available throughout the day.
34.5.7 No employee
shall be required to work alone outside of built-up areas without all available
communications to allow continuous contact in all conditions.
34.5.8 Where
an employee during the course of work, sustains damage to clothing by fire,
molten metal, tar or any corrosive substances which is not attributable to the
employee's negligence, the employee shall be compensated by council to an
agreed amount.
34.5.9 In
the case of extreme and unusual weather conditions which could be assessed as
hazardous council 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.
34.6 Labour
Hire and Contract Businesses
34.6.1 For the purposes
of this subclause, the following definitions shall apply:
34.6.1.1 A
"labour hire business" is a business (whether an organisation,
business enterprise, company, partnership, co-operative, sole trader, family
trust or unit trust, corporation and/or person) which has as its business
function, or one of its business functions, to supply staff employed or engaged
by it to Council for the purpose of such staff performing work or services for
that other council.
34.6.1.2 A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by a Council to
provide a specified service or services or to produce a specific outcome or
result for that council which might otherwise have been carried out by that
Council’s own employees.
34.6.2 If Council engages
a labour hire business and/or a contract business to perform work wholly or
partially on Council’s premises, Council shall do the following (either
directly, or through the agency of the labour hire or contract business):
34.6.2.1 Consult
with employees of the labour hire business and/or
contract business regarding the workplace occupational health and safety
consultative arrangements;
34.6.2.2 Provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
34.6.2.3 Provide
employees of the labour hire business and/ with appropriate personal protective
equipment and/or clothing and all safe work method statements that they would
otherwise supply to their own employees; and
34.6.2.4 Ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
34.6.3 Nothing
is intended to affect or detract from any obligation or responsibility upon a
labour hire business arising under the Work Health and Safety Act 2011 or the
Workplace Injury Management and Workers Compensation Act 1998.
34.6.4 Where
a dispute arises as to the application or implementation of this clause, the matter
shall be dealt with pursuant to the disputes settlement procedure of this
Award.
34.6.5 This
clause has no application in respect of organisations which are properly
registered as Group Training Organisations under the Apprenticeship and
Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by
the relevant State Training Authority to comply with the national standards for
Group Training Organisations established by the ANTA Ministerial Council.
35 Termination of Employment
35.1 An employee in
Operational Band 1 or the Administrative/Technical Trades Band shall give to
council 2 weeks’ notice of their intention to terminate their employment.
35.2 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 an employer
in subclause (35.5) of this clause.
If no such notice is provided, Council shall be
entitled to deduct pay equivalent to the required notice from any entitlements
payable under this Award.
35.3 Council and an
employee may agree to a shorter period of notice for the purpose of this
subclause.
35.4 In cases of
serious misconduct, Council may summarily dismiss an employee following a
proper investigation and provided the employee is afforded procedural fairness.
Where an employee is summarily dismissed, subclause (35.5) shall not apply.
35.5 Council 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
|
35.6 The provision of
this clause shall be read subject to the provisions of Clause 36, Workplace
Change and Redundancy, of this Award.
36 Workplace Change and Redundancy
36.1 Council's Duty
to Notify
36.1.1 Where
Council (the General Manager) has made a decision to introduce major changes in
production, program, organisation structure or technology that are likely to
have significant effects on employees, Council shall notify the employees who
may be affected by the proposed changes and the unions to which they belong.
36.1.2 "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the council's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion opportunities
or job tenure, the alteration of hours of work, the need for retraining or
transfer of employees to other work or locations and the restructuring of jobs.
Provided that where this Award makes provision for the alteration of any of the
matters referred to herein an alteration shall be deemed not to have
significant effect.
36.2 Council's Duty
to Discuss Change
36.2.1 Council
shall discuss with the employee(s) affected and the union to which they belong,
inter alia, the introduction of the changes referred to in sub-clauses 36.1.1
and 36.1.2 of this clause, what affects the changes are likely to have on the
employee(s) and measures to avert or mitigate the adverse changes on the
employee(s) and shall give prompt consideration to matters raised by the
employee(s) and / or their union in relation to the changes and may reconsider
its original decision.
36.2.2 The
discussion shall commence as early as practicable after a definite decision has
been made by Council to make the changes referred to in subclause 36.1.1 and
36.1.2 of this clause.
36.2.3 For
the purposes of the discussion, Council shall provide to the employee(s)
concerned and the union to which they belong, all relevant information about
the changes including the nature of the changes proposed, the expected effects
of the changes on the employee(s) and any other matters likely to affect the
employee(s).
36.3 Discussion Before Termination
36.3.1 Where
Council has made a definite decision that it no longer wishes the job the
employee has been doing done by anyone pursuant to subclause 36.1.1 and 36.1.2
of this clause and that decision may lead to the termination of employment, the
council shall hold discussions with the employee directly effected and with the union to which they belong.
36.3.2 The
discussion shall take place as soon as it is practicable after the Council has
made a definite decision which shall invoke the provision of Clause 36.3.1 of
this subclause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of the terminations of the employee(s) concerned.
Measures to mitigate the adverse effect on employees may include consideration
of re-training opportunities, redeployment, 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.
36.3.3 For
the purposes of the discussion, the Council shall, as soon as practicable,
provide to the employee(s) concerned and the union to which they belong, all
relevant information about the proposed terminations including the reasons for
the proposed terminations, the number and category of employee(s) likely to be
effected and the number of employee(s) normally employed and the period over
which the terminations are likely to be carried out. Provided that the Council
shall not be required to disclose confidential information the disclosure of
which would adversely affect the council.
36.4 Notice to Centrelink
Where a decision has been made to terminate employees,
Council shall notify Centrelink as soon as possible giving relevant information
including the number and categories of the employees likely to be affected and
the period over which the terminations are intended to be carried out.
36.5 Notice of
Termination
36.5.1 Five
weeks’ notice to terminate or pay in lieu thereof shall be given.
36.5.2 Where
an employee is to be terminated because of the introduction of technology the
employee shall be entitled to the following:
36.5.2.1 Three
(3) months’ notice of termination or
36.5.2.2 Payment
in lieu of the notice in sub-Clause 1 above. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
36.5.2.3 Notice
or payment of notice under this Clause shall be deemed to be service with the council
for the purposes of calculating leave entitlements under this Award.
36.6 Redundancy
36.6.1 This
subclause shall apply where an employee is terminated due to redundancy. A
council shall be exempt from the operation of this subclause where the employee
concerned has been offered, but has refused to accept, an alternative position
within the council's organisation structure of comparable skill and
accountability levels and remuneration no less than the position previously
held by the employee.
36.6.2 In
addition to any required period of notice, and subject to subclause 36.5 of
this Clause, the employee shall be entitled to severance pay as follows:
In the event of an employee’s service being terminated
due to redundancy, Severance Pay shall be calculated on the basis of the
following:
Completed Years Service with Council
|
Entitlement
|
Less than one year
|
Nil
|
One year and less than two years
|
Five weeks pay
|
Two years and less than three years
|
Nine weeks pay
|
Three years and less than four years
|
Thirteen weeks pay
|
Four years and less than five years
|
Sixteen weeks pay
|
Five years and less than six years
|
Nineteen weeks pay
|
Six years and less than seven years
|
Twenty two weeks pay
|
Seven years and less than eight years
|
Twenty five weeks
pay
|
Eight years and less than nine years
|
Twenty eight weeks
pay
|
Nine years and less than ten years
|
Thirty one weeks pay
|
Ten years and less than eighteen years
|
Thirty four weeks pay
|
Eighteen years and thereafter
|
Two weeks pay per year of service, no maximum
|
37 Council
Agreements
37.1 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 council and its employees.
37.2 The terms of any
agreement reached between the parties shall substitute for the provisions of
the Award provided that:
37.2.1 The
extent of the agreement shall be limited to the Award's Clause 12, Payment of
Employees; Clause 15 subclause 15.7, Travelling Clause 18, Hours of Work;
Clause 19, Overtime, Clause 20, Holidays; Clause 25, Part time Employment; and
Clause 27, Job Share Employment.
37.2.2 The agreement
does not provide less than the entry level rates of pay;
37.2.3 The
agreement is consistent with the Industrial Relations Act 1996 (NSW) and
current wage fixing principles; and
37.2.4 The
agreement shall be processed in accordance with subclause 37.3 of this clause.
Provided further that, where the agreement proposes to vary award provisions
other than those nominated in Clause 37.2.1 above, the agreement shall be
processed in accordance with the Enterprise Arrangement Principle.
37.3 A Council
Agreement shall be processed as follows:
37.3.1 The
unions shall be notified prior to the commencement of negotiations;
37.3.2 The
agreement has been genuinely arrived at by negotiation without compulsion;
37.3.3 The
agreement shall be committed to writing and shall include a date of operation
and a date of expiration;
37.3.4 The
council and the appropriate union(s) shall sign the agreement and a copy sent
to the Association;
37.3.5 Any
party to a Council Agreement may at any stage during the above process refer
the matter to the Industrial Relations Commission of NSW.
38 Savings and Transitional
38.1 No net detriment
or reduction in ordinary rate of pay
No employee shall suffer a net detriment as a result of
implementation of this Award nor shall an employee suffer a reduction in their
ordinary rate of pay as a result of any transfer to Council’s salary system.
Salary system implementation
38.1.1 The
parties are committed to continue the introduction of the GWCC Salary Structure
and its associated progression guidelines to be finalised and fully implemented
by 1 March 2016.
38.1.2 During
the transition from the old structure to the new Salary Structure, if the new
structure and progressional guidelines have not been
implemented and an annual assessment of an employee has not been undertaken by
Council, then an employee will be able to progress to the next salary step
automatically if the employee has available steps in their range within the old
structure. Once an evaluation is complete and if identified that an employee
does not meet the progressional criteria then the
appropriate training may be undertaken to meet that skill level. GWCC will
backdate increases that are determined from the implementation of the Salary
Structure to either the appropriate date identified for the utilisation of the
Skills, or to the commencement of this Award, whichever is appropriate.
38.1.3 The
parties to the Award shall be involved in all aspects of the process of
developing and implementing the Progressional Guidelines
for the Skill Structure. Further
variations to the Progression Guidelines will only be effected after
consultation with the parties to the Award.
39 Employee Loyalty/Attendance Bonus
39.1 Qualification
39.1.1 An
employee must have a Sick Leave balance equal to or greater than the following
on the day immediately prior to their anniversary date:
39.1.1.1 38 hour
employee - 570 hours
39.1.1.2 35 hour
employee - 525 hours
39.1.2 An
employee, upon reaching the required minimum balance set out in Subclause
39.1.1.1 or 39.1.1.2 may request to be paid an amount of money that is the
equivalent to 50% of their annual Sick Leave entitlement for that year, always
ensuring their total bank does not reduce below the required minimum.
39.2 Procedure
39.2.1 A
written application is required for all claims to be provided within 30 days
after the employee’s anniversary date.
39.2.2 If an
application is not made within 30 days after their anniversary date the leave
entitlement will be credited to the employees balance and no payment request
can be made for that year other than by written application to the General
Manager.
The payment, when requested within the required time,
will be made as a one off payment.
40 Domestic Violence
Council will include in a policy within the first 12
months after the registration on this Award; a provision for employees of
Council affected by Domestic Violence, to be allowed paid time off work in relation to domestic
violence.
ANNEXURE
TABLE 1 - PAY RATES & ALLOWANCES PER WEEK
Part 1 - Pay Rates
|
Rate per Week ($) from 1st pay after
|
Band
|
Level
|
Salary
|
1 July
|
1 July
|
1 July
|
1 July
|
|
|
|
2013
|
2014
|
2015
|
2016
|
|
|
|
|
S40
|
2,768.87
|
2,851.93
|
2,937.49
|
3,025.62
|
|
|
|
|
S39
|
2,675.23
|
2,755.49
|
2,838.16
|
2,923.30
|
|
|
|
|
S38
|
2,584.77
|
2,662.31
|
2,742.18
|
2,824.44
|
|
|
|
|
S37
|
2,497.36
|
2,572.28
|
2,649.45
|
2,728.93
|
|
|
|
|
S36
|
2,412.91
|
2,485.29
|
2,559.85
|
2,636.65
|
|
|
|
|
S35
|
2,331.31
|
2,401.25
|
2,473.29
|
2,547.49
|
|
|
|
|
S34
|
2,252.48
|
2,320.05
|
2,389.65
|
2,461.34
|
|
|
|
|
S33
|
2,176.30
|
2,241.59
|
2,308.84
|
2,378.11
|
|
|
|
|
S32
|
2,102.81
|
2,165.90
|
2,230.88
|
2,297.80
|
|
|
|
|
S31
|
2,031.61
|
2,092.56
|
2,155.34
|
2,220.00
|
|
|
|
|
S30
|
1,962.93
|
2,021.81
|
2,082.47
|
2,144.94
|
|
|
|
|
S29
|
1,896.83
|
1,953.74
|
2,012.35
|
2,072.72
|
|
|
|
|
S28
|
1,832.36
|
1,887.34
|
1,943.96
|
2,002.27
|
3
|
4
|
|
|
S27
|
1,770.65
|
1,823.77
|
1,878.48
|
1,934.83
|
|
|
|
|
S26
|
1,718.13
|
1,769.67
|
1,822.76
|
1,877.45
|
4
|
|
1
|
|
S25
|
1,667.07
|
1,717.08
|
1,768.60
|
1,821.65
|
|
|
|
|
S24
|
1,612.42
|
1,660.80
|
1,710.62
|
1,761.94
|
|
|
|
|
S23
|
1,560.24
|
1,607.05
|
1,655.26
|
1,704.92
|
|
|
|
|
S22
|
1,509.41
|
1,554.69
|
1,601.33
|
1,649.37
|
3
|
|
|
3
|
S21
|
1,460.54
|
1,504.36
|
1,549.49
|
1,595.97
|
|
|
|
|
S20
|
1,406.79
|
1,448.99
|
1,492.46
|
1,537.23
|
|
|
|
|
S19
|
1,354.16
|
1,394.78
|
1,436.63
|
1,479.73
|
|
|
|
|
S18
|
1,303.21
|
1,342.31
|
1,382.58
|
1,424.06
|
2 & 3
|
3 & 2
|
|
|
S17
|
1,254.23
|
1,291.86
|
1,330.61
|
1,370.53
|
|
|
|
|
S16
|
1,209.68
|
1,245.97
|
1,283.35
|
1,321.85
|
|
|
|
|
S15
|
1,166.93
|
1,201.94
|
1,237.99
|
1,275.13
|
|
|
|
|
S14
|
1,125.91
|
1,159.69
|
1,194.48
|
1,230.32
|
|
|
|
|
S13
|
1,086.24
|
1,118.83
|
1,152.40
|
1,186.97
|
2 & 3
|
|
2 & 1
|
|
S12
|
1,047.87
|
1,079.30
|
1,111.68
|
1,145.03
|
|
|
|
|
S11
|
1,013.19
|
1,043.59
|
1,074.90
|
1,107.14
|
|
|
|
|
S10
|
978.74
|
1,008.10
|
1,038.35
|
1,069.50
|
|
|
|
|
S9
|
955.41
|
984.07
|
1,013.60
|
1,044.00
|
1
|
4
|
|
|
S8
|
933.01
|
961.00
|
989.84
|
1,019.53
|
2
|
|
|
1
|
S7
|
923.08
|
950.78
|
979.30
|
1,008.68
|
|
|
|
|
S6
|
896.60
|
923.50
|
951.20
|
979.74
|
|
|
|
|
S5
|
867.26
|
893.27
|
920.07
|
947.67
|
1
|
|
3
|
|
S4
|
838.59
|
863.74
|
889.66
|
916.34
|
|
|
|
|
S3
|
815.58
|
840.05
|
865.25
|
891.21
|
|
|
|
|
S2
|
792.02
|
815.78
|
840.25
|
865.46
|
1
|
2
|
|
|
S1
|
769.25
|
792.32
|
816.09
|
840.58
|
1
|
T10
|
|
|
T10
|
956.24
|
984.93
|
1,014.48
|
1,044.91
|
|
T9
|
|
|
T9
|
923.08
|
950.78
|
979.30
|
1,008.68
|
|
T8
|
|
|
T8
|
883.86
|
910.38
|
937.69
|
965.82
|
|
T7
|
|
|
T7
|
844.59
|
869.93
|
896.02
|
922.91
|
|
T6
|
|
|
T6
|
806.77
|
830.98
|
855.90
|
881.58
|
|
T5
|
|
|
T5
|
749.94
|
772.43
|
795.61
|
819.47
|
|
T4
|
|
|
T4
|
654.89
|
674.54
|
694.77
|
715.61
|
|
T3
|
|
|
T3
|
560.01
|
576.81
|
594.12
|
611.94
|
|
T2
|
|
|
T2
|
476.02
|
490.30
|
505.01
|
520.16
|
|
T1
|
|
|
T1
|
381.31
|
392.75
|
404.53
|
416.67
|
Part 2 - Allowances
|
Rate per Week ($) from 1st pay after
|
|
1 July
|
1 July
|
1 July
|
1 July
|
|
2013
|
2014
|
2015
|
2016
|
Arranged &
Emergent Work Treatment Plants
|
237.67
|
244.80
|
252.15
|
259.71
|
On Call - per week
|
405.59
|
417.76
|
430.29
|
443.20
|
Duty Officer - per
week
|
648.86
|
668.33
|
688.38
|
709.03
|
Duty Officer -
"Second Call" - per week
|
50.71
|
52.23
|
53.80
|
55.41
|
Meal Allowance -
per meal
|
22.44
|
23.12
|
23.81
|
24.52
|
Disability
Allowance (cl 16.3.1) - per hour
|
0.37
|
0.38
|
0.39
|
0.40
|
Disability
Allowance (cl 16.3.2) - per hour
|
0.63
|
0.65
|
0.67
|
0.69
|
I. TABBAA, Commissioner
Printed by the authority of the Industrial Registrar.