Crown Employees (Transport Drivers, &c.) Award
2020
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Transport Workers' Union of New South Wales, Industrial Organisation of Employees.
(Case No. 214509 of 2020)
Before Chief Commissioner Constant
|
4 February 2021
|
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Rates of
Pay
3. Deduction
of Union Membership Fees
4. Shift
Allowances
5. Anti-Discrimination
6. Grievance and
Dispute Settling Procedures
7. General
8. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
PART A
1. Title
This award shall be known as the Crown Employees (Transport
Drivers &c.) Award 2020.
2. Rates of Pay
The rates of pay are set out in Table 1 of Part B, Monetary
Rates. The rates are provided by the Crown Employees Wages Staff (Rates of Pay)
Award 2020.
3. Deduction of Union
Membership Fees
(i) The
union shall provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union's
rules.
(ii) The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of union fortnightly membership fees payable shall be provided to
the employer at least one month in advance of the variation taking effect.
(iii) Subject to (i) and (ii) above, the employer shall deduct union
fortnightly membership fees from the pay of any employee who is a member of the
union in accordance with the union's rules, provided that the employee has
authorised the employer to make such deductions.
(iv) Monies so
deducted from employee's pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
4. Shift Allowances
For the ordinary hours of shift, shift workers shall be paid
the following loadings in addition to the rates prescribed for their respective
classifications:
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Loadings
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per shift
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%
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(a)
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ordinary afternoon or night shifts (other than shifts
referred to hereunder).
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15
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(b)
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permanently working afternoon or night shifts or a combinations of such shifts.
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30
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(c)
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an ordinary shift, the major portion of which falls on a
Saturday or Sunday shall in substitution
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for the loading specified in paragraphs (a) or (b) of this
clause, be paid for at the rate of 50 per
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cent or 75 per cent respectively in addition to the
ordinary rate for such shift.
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(d)
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where, at the employees own request and to suit the
employees own personal requirements,
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any employee works permanently on a combination of such
shifts, the employer notifies the
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union of the agreement in writing, and the union agrees, the
employee shall be paid 15 per cent
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extra per shift in lieu of the shift loading of30 per cent
specified in paragraph (b) of this clause.
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(e)
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for an ordinary shift worked on a public holiday, an employee
shall receive an additional one
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and half day’s ordinary pay in addition to the normal
shift payment calculated in accordance
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with paragraph (a) or (b) of this clause.
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5. Anti-Discrimination
(i) It
is the intention of the parties bound by this award to seek to achieve the
object in section 3(f) of the Industrial
Relations Act 1996 to prevent and eliminate discrimination in the
workplace. This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(ii) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
6. Grievance and
Dispute Settling Procedures
(i) All
grievances and disputes relating to the provisions of this award shall
initially be dealt with as close to the source as possible, with graduated
steps for further attempts at resolution at higher levels of authority within
the appropriate department, if required.
(ii) An employee is
required to notify in writing their immediate manager, as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter,
and if possible, state the remedy sought.
(iii) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes
it impractical for the employee to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Secretary or delegate.
(iv) The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
(v) If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This manager shall respond within two (2) working days, or as soon as
practicable. The employee may pursue the sequence of reference to successive
levels of management until the matter is referred to the Secretary.
(vi) The Secretary
may refer the matter to the Industrial Relations Secretary for consideration.
(vii) If the matter
remains unresolved, the Secretary shall provide a written response to the
employee and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking
action, in relation to the matter.
(viii) An employee, at
any stage, may request to be represented by the union.
(ix) The employee or
the union on their behalf, or the Secretary may refer the matter to the New
South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
(x) The employee,
union, Secretary and Industrial Relations Secretary shall agree to be bound by
any order or determination by the New South Wales Industrial Relations
Commission in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) of this
clause are being followed, normal work undertaken prior to notification of the
dispute or difficulty shall continue unless otherwise agreed between the
parties, or, in the case involving occupational health and safety, if
practicable, normal work shall proceed in a manner which avoids any risk to the
health and safety of any employee or member of the public
7. General
(i) Except
as otherwise provided for in this award, the provisions of the Transport
Industry (State) Award shall apply.
(ii) For employees
engaged under the Government Sector
Employment Act 2013 the provisions of the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2009 or its replacement, shall apply in respect
of the following entitlements:
Recreation Leave
Extended Leave
Sick Leave
FACS Leave
8. Area, Incidence and
Duration
(i) This
award shall apply to all employees in the classifications specified in Table 1
- Rates of Pay, of Part B, Monetary Rates, of this Award and clause 1 of the
Transport Industry (State) Award, employed in organisations to which the Government Sector Employment Act 2013
applies.
(ii) This Award
rescinds and replaces the Crown Employees (Transport Drivers &c.) Award
2019 published 28 February 2020 (386 I.G. 821) and all variations thereof.
(iii) This award has
a nominal term of 12 months from 1 July 2020 with any increases to pay and work related allowances effective from the first full pay
period on or after 1 July 2020.
PART B
MONETARY RATES
Table 1 - Rates of Pay
Clause
2
|
Classification
|
Weekly
rate as at 1.7.20
|
Weekly
Rate from the first
|
Wages
|
|
|
full
pay period on or after
|
|
|
|
1.7.20
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|
(0.3%)
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$
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$
|
1. Drivers of motor wagons - having a
manufacturer's gross vehicle mass in kilograms
|
(a)
|
Up to 295 -
|
959.50
|
962.40
|
(b)
|
Over 2950 and up to 4650
|
967.70
|
970.60
|
(c)
|
Over 4650 and up to 6250
|
975.50
|
978.40
|
(d)
|
Over 6250 and up to 7700
|
975.50
|
978.40
|
(e)
|
Over 7700 and up to 9200
|
985.80
|
988.80
|
(f)
|
Over 9200 and up to 10800
|
985.80
|
988.80
|
(g)
|
Over 10800 and up to 12350
|
994.50
|
997.50
|
(h)
|
Over 12350 and up to 13950
|
994.50
|
997.50
|
(i)
|
Over 13950 and up to 15500
|
1002.20
|
1005.20
|
(j)
|
Over 15500 and up to 16950
|
1012.00
|
1015.00
|
(k)
|
Over 16950 and up to 18400
|
1012.00
|
1015.00
|
(l)
|
Over 18400 and up to 19750
|
1012.00
|
1015.00
|
(m)
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Over 19750 and up to 21100
|
1012.00
|
1015.00
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(n)
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Over 21100 and up to 22450
|
1019.80
|
1022.90
|
(o)
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Over 22450 and up to 23850
|
1019.80
|
1022.
90
|
(p)
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Over 23850 and up to 25200
|
1019.80
|
1022.
90
|
(q)
|
Over 25200 and up to 26550
|
1029.80
|
1032.
90
|
(r)
|
Over 26550 and up to 27900
|
1029.80
|
1032.
90
|
(s)
|
Over 27900 and up to 29300
|
1029.80
|
1032.
90
|
(t)
|
Over 29300 and up to 30650
|
1029.80
|
1032.
90
|
(u)
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Over 30650 and up to 32000
|
916.70
|
919.50
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(v)
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Over 32000 and up to 33350
|
916.70
|
919.50
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(w)
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Over 33350 and up to 34750
|
1048.20
|
1051.30
|
(x)
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Over 34750 and up to 36100
|
1048.20
|
1051.30
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(y)
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Over 36100 and up to 37450
|
1048.20
|
1051.30
|
(z)
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Over 37450 and up to 38800
|
1048.20
|
1051.30
|
(aa)
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Over 38800 and up to 40200
|
1058.60
|
1061.80
|
(ab)
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Over 40200 and up to 41550
|
1058.60
|
1061.80
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(ac)
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Over 41550 and up to 42900
|
1058.60
|
1061.80
|
(ad)
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Over 42900 and up to 44250
|
1067.30
|
1070.50
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(ae)
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Over 44250 and up to 45650
|
1067.30
|
1070.50
|
2. Drivers of mobile cranes
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- employed in connection with
the carriage and delivery of goods, merchandise and the like and/or in the performance
of work incidental to the loading,
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unloading, handling and/or
placement of goods
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- where the mobile crane has
a lifting capacity in kilograms
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(a)
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Up to and not exceeding 3050
|
975.50
|
978.40
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(b)
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Over 3050 and not exceeding
5100
|
985.80
|
988.80
|
(c)
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Over 5100 and not exceeding
6100
|
994.50
|
997.50
|
(d)
|
Over 6100 and not exceeding
7100
|
994.50
|
997.50
|
(e)
|
Over 7100 and not exceeding
8100
|
994.50
|
997.50
|
(f)
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Over 8100 and not exceeding
9150
|
994.50
|
997.50
|
(g)
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Over 9150 and not exceeding
10150
|
1002.20
|
1005.20
|
(h)
|
Over 10150 and not exceeding
11200
|
1002.20
|
1005.20
|
(i)
|
Over 11200 and not exceeding
12200
|
1002.20
|
1005.20
|
(j)
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Over 12200 and not exceeding
13200
|
1012.00
|
1015.00
|
(k)
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Over 13200 and not exceeding
14200
|
1012.00
|
1015.00
|
(l)
|
Over 14200 and not exceeding
15250
|
1012.00
|
1015.00
|
(m)
|
Over 15250 and not exceeding
16250
|
1012.00
|
1015.00
|
(n)
|
Over 16250 and not exceeding
17250
|
1019.80
|
1022.
90
|
(o)
|
Over 17250 and not exceeding
18300
|
1019.80
|
1022.
90
|
(p)
|
Over 18300 and not exceeding 19300
|
1019.80
|
1022.
90
|
(q)
|
Over 19300 and not exceeding
20300
|
1019.80
|
1022.
90
|
(r)
|
Over 20300 and not exceeding
21350
|
1029.80
|
1032.
90
|
(s)
|
Over 21350 and not exceeding
22350
|
1029.80
|
1032.
90
|
(t)
|
Over 22350 and not exceeding
23350
|
1029.80
|
1032.
90
|
(u)
|
Over 23350 and not exceeding
24400
|
1029.80
|
1032.
90
|
(v)
|
Over 24400 and not exceeding
25500
|
1029.80
|
1032.
90
|
(w)
|
Over 25500 and not exceeding
26400
|
1029.80
|
1032.
90
|
(x)
|
Over 26400 and not exceeding
27450
|
1029.80
|
1032.
90
|
(y)
|
Over 27450 and not exceeding
28450
|
1037.90
|
1041.00
|
(z)
|
Over 28450 and not exceeding
29450
|
1037.90
|
1041.00
|
(aa)
|
Over 29450 and not exceeding
30500
|
1029.80
|
1032.
90
|
And for each additional 1000
kg or part thereof over
|
0.38
|
0.38
|
3. Drivers of fork
lifts - of a capacity
|
(a)
|
Up to 4500 kg
|
975.50
|
978.40
|
(b)
|
Over 4500 to 9100
|
994.50
|
997.50
|
(c)
|
Over 9100 kg
|
1002.20
|
1005.20
|
4. Drivers of prime
movers where the crane has a lifting capacity of where the crane has a
lifting capacity of
|
(a)
|
Up to 20350 kg
|
985.80
|
988.80
|
(b)
|
Over 20350 kg
|
1012.00
|
1015.00
|
5. Extra Hands
|
938.30
|
941.10
|
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.