Taronga Conservation Society Australia Salaried
Employees Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00007079)
|
Before Commissioner Stanton
|
2 August 2016
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Contract
of Employment
4. Classifications
and Rates of Pay
5. Training
Competency
6. Hours of
Work
7. Overtime
8. Allocated
Days Off
9. Saturday
and Sunday Work During Ordinary Hours
10. Allowances
11. Lactation
Breaks
12. Leave
Conditions and Entitlements
13. Family and
Community Service Leave, Personal/Carer's Leave
13A. Leave for
Matters Arising from Domestic Violence
14. Public
Holidays
15. Dispute
Settlement Procedure
16. Anti-Discrimination
17. Merit
Selection
18. Deduction
of Union Membership Fee
19. Secure
Employment
20. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
PART A
1. Title
This award shall be known as the Taronga Conservation
Society Australia Salaried Employees Award.
2. Definitions
2.1 Association
shall mean the Public Service Association of New South Wales and the
Professional Officers' Association Amalgamated Union of New South Wales.
2.2 Employer shall
mean the Office of Environment and Heritage, at Taronga Conservation Society
Australia (Taronga), as defined in Part 2 of Schedule 1 Division of the
Government Service in the Government
Sector Employment Act 2013.
2.3 Casual employee
means an employee engaged and paid as such but shall not include an employee
who is required to work a constant number of ordinary hours each week.
2.4 Temporary
employee means an employee who is engaged for a short period of time to
undertake a specific task and is required to work a constant number of ordinary
hours each week.
2.5 Domestic
Violence means domestic violence as defined in the Crimes (Domestic and
Personal Violence) Act 2007.
3. Contract of
Employment
3.1 Wherever
possible, full-time employment should be implemented.
3.2 The employer
may employ persons on a part‑time basis in any area of operation covered
by this award. A part-time employee is, for all purposes of this award,
entitled to the same terms and conditions as a full-time employee, provided
that in all cases, entitlement is determined on a pro rata basis.
3.3 The number of
hours per week to be worked by a part-time employee shall be mutually agreed
between the employee concerned and the employer, provided that the minimum
number of hours worked shall be eight per week.
3.4 The terms and
conditions of part-time work, except as provided for in this award, shall be
those determined under the Government
Sector Employment Act 2013.
3.5 Nothing in this
award shall affect the right of the employer to dismiss an employee without
notice for neglect of duty or misconduct or inefficiency or incompetence, in
which case wages shall be paid to the time of dismissal, only provided that no
employee shall be dismissed without notice for:
(a) sickness,
accident or injury if they inform the employer or the employer's representative
within a reasonable time prior to or after the commencing time on any day of
their inability to commence duty on that day;
(b) any other
reasonable cause if they inform the employer or the employer's representative
within a reasonable time prior to or after the commencing time on any day of
their inability to commence duty on that day.
3.6 Notwithstanding
anything hereinbefore contained, an employee shall not be given notice or
dismissed, except for misconduct while legitimately absent from duty on accrued
sick leave or annual leave.
3.7 An employee not
attending for duty shall lose pay for the time of non‑attendance unless
payment for such non-attendance is permitted under the provisions of this award
and the non‑attendance was accordingly authorised.
3.8 Probationary
Period -
(a) Employees
engaged as ongoing employees without any previous service with the employer may
be engaged for a probationary period of twelve months. During this period of
probationary employment such ongoing employees may be terminated with one
week's notice and temporary and casual employees with one hour's notice.
(b) No other
probationary periods shall apply.
4. Classifications and
Rates of Pay
4.1 The minimum
rates of pay for all classifications covered by the award are set out Part B
Monetary Rates, Table 1 - Rates of Pay.
4.2 The grading
requirements for horticulturists employed before 1 July 2010 are as follows:
(a) Garden
Labourer - performs basic tasks associated with horticulture and works under
limited supervision.
(b) Horticulture
Labourer - undertaking TAFE certification or equivalent in horticultural trade.
(c) Horticulturalist
Level 1 - has completed recognised Trade/Horticultural Certificate III or
equivalent experience and has limited supervisory experience.
(d) Horticulturalist
Level 2 - has well developed zoo horticultural experience in areas such as bush
regeneration, landscaping, nursery and maintenance.
(e) Horticultural
Technician - proven managerial experience and communicates technical data and
information; may also have higher qualification.
(f) Senior
Horticultural Technician - has proven research skills and horticultural
experience with at least 3 years experience in zoological horticulture or
demonstrated experience in public park management, exhibit design and
maintenance.
(g) Conditions of
progression for gardeners will be developed and agreed between the parties,
such progression to be based on the recognition of skills attained.
4.3 The grading
requirements for gardeners and horticulturists are as follows:
(a) Horticultural
Apprentice:
(i) Works under
close direct supervision performing basic tasks using basic hand tools or
equipment for which either no previous training or experience is required.
(ii) Carries out
general grounds maintenance including:
maintaining current flora displays, planting and establishing new flora
displays.
(b) Gardener:
(i) Performs
basic tasks associated with horticulture and gardening and works under
supervision.
(ii) Carries out
general grounds maintenance including:
maintaining current flora displays, weeding, mowing lawns and trimming
hedges.
(c) Horticulturalist:
(i) Has completed
recognised Trade/Horticulture Certificate or equivalent experience and has
limited supervisory experience.
(ii) Carries out
horticultural duties including: administering approved chemicals and species
identification.
(iii) Carries out
general grounds maintenance including:
maintaining current flora displays.
(iv) Provides
technical expertise and advice to labouring resources in carrying out of
general grounds maintenance (including remnant bush areas and browse
plantation).
(v) Assists with
supervising and training of apprentices.
(d) Horticultural
Supervisor:
(i) Supervises
the maintenance of grounds including the supervision of labouring and
horticultural resources (including remnant bush areas and browse plantation).
(ii) Supervises
labouring and horticultural resources.
(e) Progression
within a classification will occur on the anniversary of an employee’s
appointment, or the date at which they were appointed to their current
classification grade. Employees may only
progress within the classification they are appointed to (ie: Apprentice,
Gardener, Horticulturalist, and Horticultural Supervisor).
(f) Progression is
subject to a satisfactory performance review at the employee’s current
classification grade in accordance with Taronga Conservation Society
Australia’s performance management procedures.
(g) Appointment of
employees to higher classifications will be through a merit selection process
when vacancies arise.
4.4 The
appointment/progression requirements for keeping grades are as follows.
(a) Trainee Keeper
Level 1
(i) No paid
animal related industry experience required.
(ii) Undertakes
Trainee Skills Assessment Workbook.
(iii) Works under
direct supervision.
(b) Trainee Keeper
Level 2
(i) At least 1
year of paid animal husbandry related industry experience.
(ii) Existing
employees must have demonstrated satisfactory progress in completing Trainee
Skills Assessment Workbook.
(iii) Enrolled in a
Certificate III in Captive Animals.
(iv) Existing
employees must be satisfactory in general competencies.
(v) Works under
direct supervision.
(c) Trainee Keeper
Level 3
(i) At least 2
years of paid animal husbandry related industry experience.
(ii) Existing
employees must have demonstrated satisfactory progress in completing the
Trainee Skills Assessment Workbook.
(iii) Enrolled in a
Certificate III in Captive Animals.
(iv) Existing
employees must be satisfactory in general competencies.
(v) Works under
minimum supervision.
(d) Trainee Keeper
Level 4
(i) At least 3
years of paid animal husbandry related industry experience.
(ii) Existing
employees must have demonstrated satisfactory progress in completing the
Trainee Skills Assessment Workbook.
(iii) Enrolled in a
Certificate III in Captive Animals.
(iv) Existing
employees must be satisfactory in general competencies.
(v) Works under
limited supervision.
(e) Keeper Level 1
(i) Possession of
Certificate III in Captive Animals or equivalent.
(ii) At least 4
years paid animal husbandry related industry experience.
(iii) Existing
employees must have satisfactorily completed the Trainee Skills Assessment
Workbook.
(iv) Existing
employees must be satisfactory in general competencies.
(v) Undertake
Keeper Skills Assessment Workbook.
(f) Keeper Level 2
(i) Possession of
Certificate III in Captive Animals or equivalent.
(ii) At least 5
years paid animal husbandry related industry experience of which at least one
year has been within a zoo which participates in coordinated
national/international breeding programs, or demonstrated ability to meet the
related skills level as set out in the Keeper Skills Assessment Workbook.
(iii) Existing
employees must have demonstrated satisfactory progress in completing the Keeper
Skills Assessment Workbook in one or more of the three strands of Husbandry,
Zoo Veterinary Nursing or Training and Presentation.
(iv) Existing
employees must be satisfactory in general competencies.
(g) Keeper Level 3
(i) Possession of
Certificate III in Captive Animals or equivalent.
(ii) At least 6
years paid animal husbandry related industry experience of which at least two years
has been within a zoo which participates in coordinated national/international
breeding programs, or demonstrated ability to meet the related skills level as
set out in the Keeper Skills Assessment Workbook.
(iii) Existing
employees must have demonstrated satisfactory progress in completing the Keeper
Skills Assessment Workbook in one or more of the three strands of Husbandry,
Zoo Veterinary Nursing or Training and Presentation.
(iv) Existing
employees must be satisfactory in general competencies.
(h) Keeper Level 4
(i) Possession of
Certificate III in Captive Animals or equivalent.
(ii) At least 7
years paid animal husbandry related industry experience of which at least three
years has been within a zoo which participates in coordinated national/international
breeding programs, or demonstrated ability to meet the related skills level as
set out in the Keeper Skills Assessment Workbook.
(iii) Existing
employees must have demonstrated satisfactory progress in completing the Keeper
Skills Assessment Workbook in one or more of the three strands of Husbandry,
Zoo Veterinary Nursing or Training and Presentation.
(iv) Existing
employees must be satisfactory in general competencies.
(i) Senior Keeper
Level 1
(i) Possession of
the Certificate III in Captive Animals or equivalent.
(ii) 8 years paid
animal related husbandry industry experience, of which at least four years has
been within a zoo which participates in coordinated national/international
breeding programs, or demonstrated ability to meet the related skills level as
set out in the Keeper Skills Assessment Workbook.
(iii) High level of
skill in species management e.g. be able to work on regional stud books
(training by ARAZPA or equivalent or having an approved mentor on site); or
have a very high level of animal management skills.
(iv) Existing
employees must have satisfactorily completed the Keeper Skills Assessment Book
in one or more of the three strands of Husbandry, Veterinary Nursing or
Training and Presentation.
(v) Existing
employees must be satisfactory in general competencies.
(j) Senior Keeper
Level 2
(i) Possession of
the Certificate III in Captive Animals or equivalent.
(ii) 9 years paid
animal related husbandry industry experience, of which at least five years has
been within a zoo which participates in coordinated national/international
breeding programs, or demonstrated ability to meet the related skills level as
set out in the Keeper Skills Assessment Workbook.
(iii) Develop
contributions in an area of specialisation or have a very high level of animal
management skills and be able to undertake international stud bookkeeping.
(iv) Existing
employees must have successfully completed a substantial Taronga Zoo or Taronga
Western Plains Zoo project approved by the relevant Unit Supervisor and
Precinct Manager and endorsed by the Wildlife
Conservation Operations Manager. New employees must demonstrate a similar
achievement. Senior Keepers Level 2
should always be undertaking an approved project once classified at Level 2.
(v) Existing
employees must have satisfactorily completed the Senior Keeper Skills
Assessment Book in one or more of the three strands of Husbandry, Veterinary
Nursing or Training and Presentation.
(vi) Existing
employees must be satisfactory in general competencies.
(k) Keeper Grade 4
Level 2 (Specialist) (only available to ongoing employees employed as a Keeper
on 8 December 2005).
(i) Minimum of 3
years' experience as Divisional Supervisor and,
(ii) Possession of
a tertiary qualification or extensive management training or works with outside
agencies; and is a qualified technician.
(l) Keeping Unit
Supervisor
(i) Appointment
by merit based selection.
(ii) Possession of
the Certificate III in Captive Animals or equivalent.
(iii) Demonstrated experience
and expertise relevant to the role.
(iv) Demonstrated
supervisory skills.
(m) Relevant
experience, skills, qualifications and study undertaken will be taken into
account in determining the grade and level to which a temporary or ongoing
keeping employee will be appointed.
(n) A keeping
employee, except a casual employee, will progress through the classifications
of Trainee Keeper, Keeper and Senior Keeper depending on acquisition of
qualifications, skills and experience as set out in the appointment/progression
requirements.
(o) A casual
keeping employee will be paid one of the following rates depending on
qualifications:
(i) An employee
who does not possess a Certificate III in Captive Animals (or equivalent) will
be paid at Trainee Keeper Level 1.
(ii) An employee
who possesses the qualifications and experience to be appointed as a Keeper
will be paid at Keeper Level 1, unless a higher level of responsibility is
required, in which case an employee will be paid at the level of the work they
are required to perform.
(q) A casual
keeping employee will not progress within the Trainee Keeper or Keeper grades.
(r) Appointment
to the roles of Unit Supervisor will be through merit-based selection.
(s) A temporary
assignment allowance will be paid to keeping employees who temporarily relieve
as a Keeping Unit Supervisor for a period of 5 consecutive working days or
more. The allowance is the difference
between the base salary of the relevant Keeping Unit Supervisor Grade and the
substantive salary of the relieving employee.
If only a proportion of the duties of the higher graded role are
required to be performed by the relieving employee, the allowance will be paid
on a pro rata basis. The allowance will
not be paid on any leave taken by the relieving employee during the period of
relief except when the employee has been relieving in the role for more than 12
months.
(t) Before an
employee commences relief as a Keeping Unit Supervisor, the relevant manager
will discuss with them the duties they will be required to perform, the
criteria for determining the proportion of the allowance to be paid to them and
the delegated responsibilities they will be expected to exercise during the
relief period.
4.5 Designer
Classifications
Designers employed before 1 July 2010 will be
classified and paid in accordance with the classifications and rates of pay for
Designers (Exhibitions and Publications in Part B, Table1) and will progress
annually. Any designer employee engaged
on or after 1 July 2010 will be employed against the following classification
structure and will not have access to the previous classification structure.
Progression between Junior Designer, Designer and
Senior Designer will be based on merit selection processes, when vacancies
arise.
(a) Junior
Designer
(i) Has completed
a recognised qualification, from TAFE, university or accredited and
acknowledged private college.
(ii) Works under
direct supervision or guidance of Senior Designer or Design Manager.
(iii) Develops
draft concepts in response to design briefs, in consultation with Senior
Designer or Design Manager.
(iv) Alters concepts
at the direction of Senior Designer or Design Manager
(b) Designer:
(i) Has completed
a recognised qualification, from TAFE, university or accredited and
acknowledged private college.
(ii) Works under
limited supervision or guidance of Senior Designer or Design Manager.
(iii) Develops
concepts in response to design briefs, before review by Senior Designer or
Design Manager.
(iv) Responsible for
taking design briefs from internal clients.
(c) Senior
Designer:
(i) Degree
qualified with extensive design experience.
(ii) Limited
experience supervising more junior designers in the development and delivery of
work.
(iii) Responsible
for commissioning and managing photographic shoots.
(iv) Responsible for
the autonomous project management of client work, including scheduling
deliverables and proofing process.
(v) Provides design
direction and guidance for Designers, Junior Designers and some external,
contract designers in the development of design concepts.
5. Training Competency
5.1 The employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this award provided that such duties are not designed to promote
de-skilling.
5.2 The employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required provided that the employee has been properly
trained in the use of such tools and equipment.
5.3 Any direction
issued by the employer pursuant to subclauses 5.1 and 5.2 shall be consistent
with the employer's responsibilities to provide a safe and healthy working
environment.
5.4 The parties
agree to an ongoing commitment to the development and implementation of
appropriate competencies based on the relevant skill and qualification
requirements at each level within the classifications. Such competencies shall
be developed having regard to National Competency Standards.
5.5 The employer
will support the progression of ongoing staff through their classification
streams by the provision of training, mentoring and support as appropriate.
6. Hours of Work
6.1 The ordinary
hours of work shall be an average of 38 per week over a 152-hour month, Monday
to Sunday inclusive. Rosters shall, wherever possible, be agreed between the
employer and employee. There shall be a specified meal break agreed between the
employer and the employee of not less than half an hour and not more than one
hour. One week's notice shall be given to an employee of any changes of
starting and finishing times and lunch breaks, except in the case of emergency.
6.2 Hours of work
shall be either day shift or afternoon shift:
(a) Day shift
hours shall be worked between the hours of 6.00 a.m. and 6.00 p.m.
(b) Afternoon
shift is any shift that finishes after 6.00 p.m. and before midnight.
6.3 A 15 per cent
allowance shall be paid for work performed on an afternoon shift. This
allowance is not cumulative upon the allowances paid for work performed on
Saturdays, Sundays and public holidays.
7. Overtime
7.1 Where an
employee is directed to work in excess of an average of 38 hours per week over
a 152-hour month, Monday to Sunday inclusive, the employee may elect for
compensation purposes between monetary payment or time-in-lieu.
7.2 For all work
done outside ordinary hours the rates of pay shall be time and one-half for the
first two hours and double time thereafter.
7.3 For the
purposes of this clause, ordinary hours shall mean the hours of work fixed in
accordance with clause 6, Hours of Work. The hourly rate when computing
overtime shall be determined by dividing the appropriate rate by 38 even in
cases where an employee works more than 38 ordinary hours in a week.
7.4 When an
employee is required to work overtime beyond 6.30 pm, Monday to Sunday
inclusive, they shall be provided with a meal or the appropriate meal
allowance. The overtime allowance shall be paid in accordance with item No.1 of
Table 2 - Other Rates and Allowances, of Part B, Monetary Rates. It is the
intention of the parties to this award that such allowance shall be paid in an
amount equivalent to that available to members of the Public Service as defined
under the Government Sector Employment Act 2013 and shall be varied to maintain
that equivalent relationship.
7.5 An employee
recalled to work overtime after leaving the employer's business premises
(whether notified before or after leaving the premises) shall be paid for a
minimum of three hours' work at the appropriate rate as prescribed in subclause
7.2 for each time they are so recalled; provided that, except in the case of
unforeseen circumstances arising, the employee shall not be required to work
the full three hours if the job they were recalled to perform is completed
within a shorter period.
7.6 Where an
employee elects for payment as time in lieu of overtime worked, such time in
lieu is to be calculated as per the monetary calculation for overtime worked.
7.7 Time in lieu of
overtime worked may be taken by the employee as allocated days off (ADO) or
added to annual leave.
7.8 Any day or days
added in accordance with subclause 7.7 shall be the working day or working days
immediately following the annual leave period to which the employee is entitled
under clause 12, Leave Conditions and Entitlements.
7.9 Subject to
subclause 7.10, the employer may require an employee to work reasonable
overtime at overtime rates.
7.10 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.
7.11 For the purposes
of subclause 7.10 what is unreasonable or otherwise will be determined having
regard to:
(a) any risk to
employee health and safety;
(b) the employee's
personal circumstances including any family and carer responsibilities;
(c) the needs of
the workplace or enterprise;
(d) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) any other
relevant matter.
8. Allocated Days Off
8.1 Where possible,
allocated days off (ADOs) shall be scheduled by mutual agreement between
employees and the employer. ADOs may be
accumulated up to a maximum of ten days. Accumulation of ADOs in excess of ten
days shall require the approval of the employer.
(a) Except as
provided by subclause 8.1 of this clause, an employee shall be advised by the
employer at least four weeks in advance of the week‑day which is to be
the ADO.
(b) The employer
with the agreement of the employee concerned may substitute the day an employee
is to be allocated off duty for another day in the case of an emergency or to
meet the requirements of a particular establishment.
(c) An individual
employee with the agreement of the employer may substitute the day such
employee is allocated off duty for another day.
In the event that an employee's ADO is a day which
coincides with pay day, such employee shall be paid no later than the working
day immediately following pay day.
8.2 Allocated Day
Off Falling on a Public Holiday - In the event of an employee's ADO falling on
a public holiday, the employee and the employer shall agree to an alternative
day off duty as a substitute. In the absence of agreement the substituted day
shall be determined by the employer.
8.3 Work on
Allocated Day Off - Subject to subclause 8.1 any employee required to work on
their ADO shall be paid in accordance with the provisions of clause 7,
Overtime.
9. Saturday and Sunday
Work During Ordinary Hours
9.1 Employees
except gate receptionists required to work their ordinary hours on a Saturday
or Sunday shall be paid for all time so worked at the following rates:
Saturday Work - Time and one-half;
Sunday Work - Time and three-quarters.
9.2 Employees
rostered for duty on Saturdays and Sundays, if advised at starting time of the
day in question by the employer that they are not required, shall be paid for
two hours at double time rates; provided that a keeper or gardener called upon
to work on a public holiday shall be paid for a minimum of six hours at the
appropriate penalty rates; all other staff shall be paid for a minimum of three
hours at the appropriate penalty rate.
9.3 When shift work
is performed on Saturdays and Sundays the shift allowance prescribed in clause
6, Hours of Work, is not paid.
10. Allowances
10.1 First-aid Allowance
- A standard first-aid kit shall be provided and maintained by the employer in
accordance with the Work Health and Safety Act 2011. In the event of any
serious accident happening to any employee whilst at work the employer, at the
employer’s own expense, shall provide transport facilities to the nearest
hospital or doctor. An employee who is a qualified first-aid attendant and who
is required to carry out the duties of a qualified first-aid attendant shall be
paid an additional amount as provided in Item 2 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates. It is the intention of the parties to
this award that such allowance shall be paid in a weekly amount equivalent to
that available to members of the Public Service as defined under the Government
Sector Employment Act 2013 and shall be varied to maintain that equivalent
relationship. The weekly rate applicable will be referrable to the annual
allowance payable pursuant to the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2012 paid on a weekly basis and calculated as
follows:
Annual Allowance/365.25 x 7 = Weekly Allowance
Casual employees shall be paid an additional amount as
set in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates.
10.2 Uniforms - Where
a uniform (which may include overalls) is required to be worn, and the cost of
any laundering is not borne by the employer, a laundry allowance as set in Item
4 of Table 2 shall be paid
10.3 Disability
Allowance - Zookeepers employed prior to 1 July 2010 working at Western Plains
Zoo shall be paid an allowance at the rate as set in Item 5 of Table 2 which
shall be treated as part of the ordinary wage for all purposes of this award.
10.4 Meal Allowance
on one day journeys - An employee who is authorised to undertake a one-day
journey on official business which does not require the employee to obtain
overnight accommodation, shall be paid the appropriate rate of allowance set
out in Item 6 of Table 2 Other Rates and Allowances of Part B Monetary Rates
for:-
(a) breakfast when
required to commence travel at or before 6.00 a.m. and at least 1 hour before
the prescribed starting time;
(b) an evening
meal when required to travel until or beyond 6.30 p.m.; and
(c) lunch when
required to travel a total distance on the day of at least 100 kilometres and,
as a result, is located at a distance of at least 50 kilometres from the
employee’s normal place of work at the time of taking the normal lunch break.
However, meal expenses will not be payable on one-day
journeys when the journey is between Taronga Conservation Society Australia
work sites, for example, as between Taronga Zoo and Western Plains Zoo.
It is the intention of the parties to this award that
such allowance shall be paid in an amount equivalent to that available to
members of the Public Service as defined under the Government Sector Employment
Act 2013 and shall be varied to maintain that equivalent relationship
10.5 All allowances
with the exception of subclauses 10.3 and 10.4 shall be moved in accordance
with State Wage Case decisions.
11. Lactation Breaks
11.1 This clause
applies to employees who are lactating mothers.
A lactation break is provided for breastfeeding, expressing milk or
other activity necessary to the act of breastfeeding or expressing milk and is
in addition to any other rest period and meal break as provided for in this
award.
11.2 A full time
employee or a part time employee working more than 4 hours per day is entitled
to a maximum of two paid lactation breaks of up to 30 minutes each per day.
11.3 A part time
employee working 4 hours or less on any one day is entitled to only one paid
lactation break of up to 30 minutes on any day so worked.
11.4 A flexible
approach to lactation breaks can be taken by mutual agreement between an
employee and their manager provided the total lactation break time entitlement
is not exceeded. When giving
consideration to any such requests for flexibility, a manager needs to balance
the operational requirements of the organisation with the lactating needs of
the employee.
11.5 The Department
Head shall provide access to a suitable, private space with comfortable seating
for the purpose of breastfeeding or expressing milk.
11.6 Other suitable
facilities, such as refrigeration and a sink, shall be provided where
practicable. Where it is not practicable
to provide these facilities, discussions between the manager and employee will
take place to attempt to identify reasonable alternative arrangements for the
employee’s lactation needs.
11.7 Employees
experiencing difficulties in effecting the transition from home-based
breastfeeding to the workplace will have telephone access in paid time to a
free breastfeeding consultative service, such as that provided by the
Australian Breastfeeding Association’s Breastfeeding Helpline Service or the
Public Health System.
11.8 Employees
needing to leave the workplace during time normally required for duty to seek
support or treatment in relation to breastfeeding and the transition to the
workplace may utilise sick leave in accordance with clause 79, Sick Leave of
this award, or access to the flexible working hours scheme provide in Flexible
Working Hours of this award, where applicable.
12. Leave Conditions
and Entitlements
12.1 All employees
shall be entitled to leave in accordance with the Government Sector Employment
Act 2013.12.2 In addition to subclause
10.1 of this clause, employees shall be entitled to additional parental leave
entitlements as follows:
(a) Casual
employees are entitled to unpaid parental leave under Chapter 2, Part 4,
Division 1, section 54, Entitlement of Unpaid Parental Leave, in the Industrial
Relations Act 1996. The following provisions shall also apply in addition
to those set out in the Industrial Relations Act 1996 (NSW).
(b) The employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Industrial Relations Act) because:
(i) the employee
or employee's spouse is pregnant; or
(ii) the employee
is or has been immediately absent on parental leave.
The rights of the employer in relation to engagement
and re-engagement of casual employees are not affected, other than in
accordance with this clause.
(c) Right to
request
(i) An employee
entitled to parental leave may request the employer to allow the employee:
(1) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(2) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(3) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(ii) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might include
cost, lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
(iii) Employee’s
request and the employer’s decision to be in writing
The employee’s request made under (c)(i) and the
employer’s decision made under (c)(ii)
must be recorded in writing.
(iv) Request to
return to work part-time
Where an employee wishes to make a request under
(c)(i)(3), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(d) Communication
during parental leave
(i) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take reasonable
steps to:
(1) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the role the employee held before
commencing parental leave; and
(2) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the role the employee held before
commencing parental leave.
(ii) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(iii) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with subparagraph (d)(i).
12.3 Casual employees
shall also receive unpaid Personal Carer’s entitlement and Bereavement
entitlement as follows;
(a) Personal
Carers entitlement for casual employees
(i) Casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a family member described in subclause 11.1 of this award
who is sick and requires care and support, or who requires care due to an
unexpected emergency, or the birth of a child.
This entitlement is subject to the evidentiary requirements set out
below in (iv), and the notice requirements set out in (v).
(ii) The employer
and the casual 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.
(iii) The employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause.
The rights of an employer to engage or not to engage a casual employee
are otherwise not affected.
(iv) The casual
employee shall, if required,
(1) 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
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, a casual employee must not
take carer’s leave under this subclause where another person had taken leave to
care for the same person.
(b) Bereavement
entitlements for casual employees
(i) Casual
employees are entitled to not be available to attend work, or to leave work
upon the death in Australia of a family member on production of satisfactory
evidence (if required by the employer).
(ii) The employer
and the casual 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.
(iii) The employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause.
The rights of an employer to engage or not engage a casual employee are
otherwise not affected.
(iv) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is
not reasonably practicable to inform the employer during the ordinary hours of
the first day or shift of such absence, the employee will inform the employer
within 24 hours of the absence.
13. Family and
Community Service Leave, Personal Carer's Leave
13.1 The definition
of "family" and "relative" for the purpose of this clause
is the person who needs the employee's care and support and is referred to as
the "person concerned" and is:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who in relation to a person, is a person of the opposite sex to the
first mentioned person as the husband or wife of that person on a bona fide
domestic basis although not legally married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the employee or the spouse or de facto
spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(i) "relative"
means a person related by blood, marriage or affinity;
(ii) "'affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(iii) "household"
means a family group living in the same domestic dwelling.
13.2 The Executive
Director and Chief Executive shall grant to an employee some, or all of their
accrued family and community service leave on full pay, for reasons relating to
unplanned and emergency family responsibilities or other emergencies as
described in subclause (a) of this clause.
The Executive Director and Chief Executive may also grant leave for the
purposes in subclause (b) of this clause.
Non-emergency appointments or duties shall be scheduled or performed
outside of normal working hours or through approved use of flexible working
arrangements or other appropriate leave.
(a) Such unplanned
and emergency situations may include, but not be limited to, the following:-
(i) Compassionate
grounds - such as the death or illness of a close member of the family or a
member of the employee's household;
(ii) Emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
(iii) Emergency or
weather conditions; such as when flood, fire, snow or disruption to utility
services etc, threatens an employee’s property and/or prevents an employee from
reporting for duty;
(iv) Attending to
unplanned or unforeseen family responsibilities, such as attending child's
school for an emergency reason or emergency cancellations by child care
providers;
(v) Attendance at
court by a staff member to answer a charge for a criminal offence, only if the
Executive Director and Chief Executive considers the granting of family and
community service leave to be appropriate in a particular case.
(b) Family and
community service leave may also be granted for:
(i) An absence
during normal working hours to attend meetings, conferences or to perform other
duties, for employees holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the staff member does not hold a role of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council; and
(ii) Attendance as
a competitor in major amateur sport (other than Olympic or Commonwealth Games)
for employees who are selected to represent Australia or the State.
(c) Family and
Community Services Leave replaces Short leave
13.3 Family and
community service leave shall accrue as follows:
(a) The maximum
amount of family and community services leave on full pay that may be granted
to an employee is:
(i) 2.5 working
days during the first year of service and 5 working days in any period of 2
years after the first year of service, or
(ii) 1 working day
for each year of service after 2 years continuous service, minus any period of
family and community service leave already taken by the employee, whichever is
the greater period.
(b) Family and
Community Service Leave is available to part‑time employees on a pro rata
basis, based on the number of hours worked.
(c) Where family
and community service leave has been exhausted, additional paid family and
community service leave of up to 2 days may be granted on a discrete 'per
occasion' basis on the death of a person defined in subclause 13. 1.
13.4 Use of Sick
Leave to care for a sick dependant - general - When family and community
service leave, as outlined in paragraph 13.3 is exhausted, the sick leave
provisions under subclause 13.5 may be used by an employee to care for a sick
dependant.
13.5 Use of sick
leave to care for a sick dependant - entitlement
(a) The
entitlement to use sick leave in accordance with this clause is subject to:
(i) the employee
being responsible for the care and support of the person concerned, and
(ii) the person
concerned being as defined in subclause 12.1.
(b) An employee
with responsibilities in relation to a person who needs their care and support
shall be entitled to use sick leave available from that year's annual sick
leave entitlement minus any sick leave taken from that year's entitlement to
provide care and support for such persons when they are ill.
(c) Sick leave
accumulates from year to year. In addition to the current year's grant of sick
leave, sick leave accrued from the previous 3 years may also be accessed by an
employee with responsibilities in relation to a person who needs their care and
support.
(d) In special
circumstances, the Executive Director and Chief Executive may make a grant of
additional sick leave. This grant can only be taken from sick leave accrued
prior to the period referred to in paragraph 12.5 (c).
(e) If required, a
medical certificate or statutory declaration must be made by the employee to
establish the illness of the person concerned and that the illness is such to
require care by another person.
(f) The employee
is not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration and has the right to choose which
of the two methods to use in the establishment of grounds for leave.
(g) Wherever
practicable, the employee shall give the Executive Director and Chief Executive
prior notice of the intention to take leave, the name of the person requiring
care and that person's relationship to the employee. They must also give
reasons for taking such leave and the estimated length of absence. If the
employee is unable to notify the Executive Director and Chief Executive
beforehand, notification should be given by telephone at the first opportunity
on the day of absence.
(h) In normal circumstances,
the employee must not take leave under this subclause where another person has
taken leave to care for the same person.
13A. Leave for Matters
Arising from Domestic Violence
13A.1 The definition of
domestic violence is found in sub clause 2.5, of clause 2 Definitions, of this
award;
13A.2 Leave entitlements
provided for in clause 13, Family and Community Service Leave, Personal/Carer's
Leave , and sick leave entitlements in clause 12, Leave and Entitlements, may
be used by an employee experiencing domestic violence;
13A.3 Where the leave
entitlements referred to in sub clause 12.2 are exhausted, the employer shall
grant up to five days Special Leave, per calendar year, to be used for absences
from the workplace to attend to matters arising from domestic violence
situations;
13A.4 The employer will
need to be satisfied, on reasonable grounds, that domestic violence has
occurred and may require proof presented in the form of an agreed document
issued by the Police Force, a Court, a Doctor, a Domestic Violence Support
Service or Lawyer;
13A.5 Personal
information concerning domestic violence will be kept confidential by the
agency;
13A.6 The employer,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements, including changes to working times and changes to
work location, telephone number and email address.
14. Public Holidays
14.1 All statutory
and proclaimed public holidays shall be holidays for the purpose of this award.
14.2 Employees shall be
paid for all ordinary time worked on public holidays at the rate of double time
and one-half
14.3 Where a holiday
occurs on the rostered day off of a seven-day shift worker, other than an ADO
given pursuant to the provisions of clauses 6, Hours of Work, and 8, Allocated
Days Off.
(a) if such
employee is not required to work on that day the employer shall pay such
employee the ordinary pay in respect of such day;
(b) if such
employee is required to work on that day the employer shall pay such employee the
ordinary pay in respect of such time and in addition at the rate of time and
one-half for the first eight hours and double time and one‑half
thereafter.
14.4 When shift work
is performed on Public Holidays, the shift allowance prescribed in the said clause
6 is not paid.
15. Dispute Settlement
Procedure
15.1 When any claim
or dispute arises at the workplace the employee(s) concerned will take the
matter up with their immediate supervisor. The supervisor is to be given the
opportunity to investigate the matter and provide a response to the grievance
or claim.
The supervisor will advise the employee(s) concerned of
the time by which an answer will be provided.
15.2 If the claim or
dispute is not resolved between the employee(s) and their immediate supervisor,
or where the matter is of such a nature that direct discussion between the
employee(s) and their supervisor would not be appropriate, the employee(s)
shall notify the Association delegate(s) who shall then take the matter up with
the appropriate Manager.
15.3 If the claim or
dispute has not been settled by the immediate supervisor or Manager, or if any
party so requests, the matter will be discussed as soon as practicable between
a representative of the Association concerned and appropriate senior management
representatives, which may include staff of the Human Resources Division.
15.4 If the claim or
dispute remains unresolved the parties agree that it may be referred to the
appropriate industrial tribunal.
15.5 Nothing
contained in these procedures will preclude the employer and the Association
from entering into direct negotiations on any matter.
15.6 Whilst these
procedures or negotiations are continuing no stoppage of work or any other form
of limitation of work shall be applied.
15.7 The parties
reserve the right to vary this procedure where it is considered that a safety
factor is involved.
16.
Anti-Discrimination
16.1 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 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.
16.2 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.
16.3 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.
16.4 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 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.
16.5 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.
17. Merit Selection
17.1 Merit selection
is based on:
(a) A competitive
selection process;
(b) A selection
process which assesses all applicants equally against job related criteria;
(c) Open access to
job opportunities; and
(d) An independent
selection process in accordance with this clause.
17.2 Selection Panel
(a) A selection
panel shall include:
(i) the immediate
supervisor or line manager of the vacant role which is the subject of the
selection and recruitment process ("vacant role");
(ii) a person
having some expertise in or knowledge of the nature and requirements of the
vacant role, or otherwise having some familiarity with the operational and
human resources needs and workplace culture of the employer; and
(iii) an
independent person referred to in paragraphs 16.2(c) and 16.2(f)
("independent").
(b) Selection
panels shall preferably comprise three persons, but may comprise a minimum of
two persons (including an independent) in particular for entry level roles. In
all cases there should be at least one female and one male person on the
selection panel.
(c) If, after
taking the steps referred to in paragraph 16.2(d), to obtain a person who is
not, and preferably has not been, employed by the employer ("external
independent") to be included on a selection panel, the employer determines
that it is not possible or practicable to do so, it shall record the steps
taken by it, and the reasons it was not able, to obtain an external independent.
The record shall be in writing recorded on the recruitment file and will be
made prior to the culling of any applicants for the vacant role.
(d) For the
purposes of paragraph 16.2(c) the relevant steps are:
(i) making
requests of at least three public sector agencies that they make available to
the employer an external independent; and
(ii) in the event
that an external independent cannot be procured pursuant to a request made
under of subparagraph 16.2(d)(i) or by way of any reciprocal arrangement
referred to in paragraph 16.2(e), seeking the assistance of the Public Service
Commission to identify public sector agencies which may have available external
independents.
(e) To facilitate
obtaining external independents for selection panels, the employer will to the
extent practicable attempt to establish and to the extent practicable utilise,
reciprocal arrangements or networks with public sector agencies
("reciprocal arrangements").
(f) Where the
employer has not been able to obtain an external independent to sit on a
selection panel, then the independent utilised for that purpose will be a
person who:
(i) where
possible, does not have any close professional or personal affiliation with any
applicant for the vacant role, but who shall nevertheless declare in writing to
the other members of the selection panel the nature of any such affiliation;
(ii) is not
employed in the same division of the employer as that in which the vacant role
is situated.
(g) Nothing in
this clause should be construed as requiring the employer to pay external
independents for their participation on selection panels.
(h) The employer
aims to have a selection committee made up of members who are able to act
independently in their decision making. Where practicable the same members of
the selection panel should take part in all stages of the selection process
from initial cull to signing of the selection panel report.
(i) The convener
is responsible for ensuring that:
(i) equity
principles are applied during the recruitment process;
(ii) documentation
of the selection process is completed and returned to the relevant recruitment
personnel; and
(iii) appropriate
feedback is provided to the unsuccessful applicants.
(j) All members
of the selection panel have an obligation to ensure equity principles are
implemented. Any individual member who does not support the outcome of the
selection process should submit a separate report.
18. Deduction of Union
Membership Fees
18.1 The Association
must provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the Association in accordance with the
Association's rules. For the purposes of this clause, this amount is referred
to as "the Fortnightly Membership Fee".
18.2 The Association
must advise the employer of any change of the Fortnightly Membership Fee,
consequent upon a variation of the annual union membership fee as provided in
the Association rules. Any variation to the Fortnightly Membership Fee shall be
provided to the employer at least one month in advance of the variation taking
effect. No more than two variations will be effected in any financial year.
18.3 Subject to 18.1
and 18.2 above, the employer must deduct the Fortnightly Membership Fee from
the pay of any employee who is a member of the Association in accordance with
the Association's rules, provided that the employee has authorised the employer
to make such deductions. However, deduction of the Fortnightly Membership Fee
will only occur in each pay period in which payment has or is to be made to an
employee.
18.4 Monies so
deducted from employees' pay must be forwarded fortnightly to the Association
by way of electronic funds transfer, together with all necessary information to
enable the Association to reconcile and credit subscriptions to employees'
Association membership accounts. The money must be remitted to the Association
as soon as practicable after the fortnightly pay period has been processed.
18.5 In relation to
full-time and part-time employees, the Fortnightly Membership Fee must be
deducted on a fortnightly basis from the employees' pay.
18.6 No Fortnightly
Membership Fee will be deducted in respect of periods where an employee is
absent on leave without pay, including unpaid parental, sick or carers' leave.
18.7 In relation to
casual employees the Fortnightly Membership Fee will only be deducted, if the
casual employee has worked within the relevant fortnightly pay period.
18.8 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.
19. Secure Employment
19.1 Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of ongoing roles in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
19.2 Casual
Conversion
(a) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to ongoing full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(b) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this subclause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(c) Any casual
employee who has a right to elect under paragraph 18.2(a), upon receiving
notice under paragraph18.2(b) or after the expiry of the time for giving such
notice, may give four weeks’ notice in writing to the employer that he or she
seeks to elect to convert his or her ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the employer shall consent to or refuse the election,
but shall not unreasonably so refuse. Where an employer refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
employee concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(d) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(e) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(f) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph 18.2(c), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph 18.2(c), discuss and agree upon:
(i) whether the employee
will convert to full-time or part-time employment; and
(ii) if it is
agreed that the employee will become a part-time employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this award pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act
1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(g) Following an
agreement being reached pursuant to paragraph 18.2(f), the employee shall
convert to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(h) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
19.3 Work Health and
Safety
(a) For the
purposes of this subclause, the following definitions shall apply:
(i) 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 another employer for the purpose of such staff performing work or
services for that other employer.
(ii) 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 another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(b) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(i) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(ii) 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;
(iii) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(iv) 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.
(c) Nothing in
this subclause 18.3 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.
19.4 Disputes
Regarding the Application of this Clause
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.
19.5 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 Department of Education, Science and Training.
20. Area, Incidence
and Duration
20.1 This award
applies to all classifications of employees employed by the Taronga
Conservation Society Australia listed in Table 1 - Rates of Pay, of Part B,
Monetary Rates of this award.
20.2 The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 IG 359) take effect on and from 2 August 2016.
20.3 The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Payable in
accordance with the Crown Employees (Public Sector – Salaries 2015) Award
Table 1 - Rates of Pay
Effective from the
first pay period to commence on or after 1 July 2016
|
Classification
|
1/7/2016 Per annum
|
|
|
$
|
|
Clerks -General Scale -
|
|
|
1st year (up to 18 years)
|
35,134
|
|
2nd year (or 20 years)
|
42,495
|
|
3rd year
|
45,800
|
|
4th year
|
47,049
|
|
5th year
|
49,039
|
|
6th year
|
49,929
|
|
7th year
|
51,168
|
|
8th year
|
53,060
|
|
9th year
|
54,983
|
|
10th year
|
57,015
|
|
At 19 years + (HSC)
|
39,810
|
|
Grade 1 -
|
|
|
1st year
|
60,154
|
|
2nd year
|
61,921
|
|
Grade 2 -
|
|
|
1st year
|
63,649
|
|
2nd year
|
65,396
|
|
Grade 3 -
|
|
|
1st year
|
67,248
|
|
2nd year
|
69,276
|
|
Grade 4 -
|
|
|
1st year
|
71,438
|
|
2nd year
|
73,635
|
|
Grade 5 -
|
|
|
1st year
|
79,384
|
|
2nd year
|
81,888
|
|
Grade 6 -
|
|
|
1st year
|
85,098
|
|
2nd year
|
87,591
|
|
Grade 7 -
|
|
|
1st year
|
90,215
|
|
2nd year
|
92,912
|
|
Grade 8 -
|
|
|
1st year
|
96,784
|
|
2nd year
|
99,862
|
|
Grade 9 -
|
|
|
1st year
|
102,838
|
|
2nd year
|
105,730
|
|
Grade 10 -
|
|
|
1st year
|
110,046
|
|
2nd year
|
113,324
|
|
Grade 11 -
|
|
|
1st year
|
118,943
|
|
2nd year
|
123,985
|
|
Grade 12 -
|
|
|
1st year
|
131,751
|
|
2nd year
|
137,557
|
|
Clerical Assistants -
|
|
|
1st year (or under 17 years)
|
24,457
|
|
2nd year (or 17 years)
|
27,472
|
|
3rd year (or 18 years )
|
33,054
|
|
4th year (or 19 years)
|
37,542
|
|
5th year (or 20 years)
|
39,810
|
|
6th year (or 21 years)
|
44,165
|
|
7th year
|
45,800
|
|
8th year
|
47,049
|
|
9th year
|
47,940
|
|
Class 1 -
|
|
|
1st year
|
49,929
|
|
2nd year
|
51,168
|
|
Class 2 -
|
|
|
1st year
|
53,060
|
|
2nd year
|
54,429
|
|
Class 3 -
|
|
|
1st year
|
55,509
|
|
2nd year
|
57,015
|
|
Class 4 -
|
|
|
1st year
|
58,108
|
|
2nd year
|
59,120
|
|
Horticulturalist
Labourer (Applies to employees engaged prior 1 July 2010)
|
|
Level 1
|
49,929
|
|
Level 2
|
52,136
|
|
Level 3
|
54,429
|
|
|
|
|
Horticulturalist
Labourer (Applies to employees engaged prior 1 July 2010)
|
|
Level 1 Grade 1
|
58,108
|
|
Level 1 Grade 2
|
59,695
|
|
Level 2 Grade 1
|
61,290
|
|
Level 2 Grade 2
|
62,523
|
|
Horticultural Technician (Applies to
|
|
|
employees engaged prior 1 July 2010)
|
|
|
Grade 1
|
65,396
|
|
Grade 2
|
66,591
|
|
Senior Horticultural Technician (Applies to
|
|
|
employees engaged prior 1 July 2010)
|
|
|
Grade 1
|
70,751
|
|
Grade 2
|
73,635
|
|
Horticultural Apprentice (Applies to
|
|
|
employees engaged post 1 July 2010)
|
|
|
1st Year
|
24,291
|
|
2nd Year
|
28,709
|
|
3rd Year
|
33,124
|
|
4th Year
|
39,751
|
|
Gardener (Applies to employees engaged
|
|
|
post 1 July 2010)
|
|
|
Grade 1
|
44,165
|
|
Grade 2
|
46,251
|
|
Grade 3
|
47,497
|
|
Horticulturalist (Applies to employees
|
|
|
engaged post 1 July 2010)
|
|
|
Grade 1
|
56,212
|
|
Grade 2
|
57,897
|
|
Grade 3
|
59,635
|
|
Grade 4
|
62,522
|
|
Horticultural Supervisor (Applies to
|
|
|
employees engaged post 1 July 2010)
|
|
|
Grade 1
|
66,383
|
|
Grade 2
|
68,376
|
|
Grade 3
|
70,426
|
|
Keeper Grade 4 (Specialist) - Level 2 (only
|
79,384
|
|
available to ongoing employees employed
|
|
|
as a
|
|
|
Keeper on 8 December 2005)
|
|
|
Keeper as at Jan 06
|
|
|
Trainee Keeper -
|
|
|
Level 1
|
42,161
|
|
Level 2
|
44,970
|
|
Level 3
|
47,781
|
|
Level 4
|
50,591
|
|
Keeper -
|
|
|
Level 1
|
56,213
|
|
Level 2
|
59,022
|
|
Level 3
|
61,832
|
|
Level 4
|
64,645
|
|
Senior Keeper -
|
|
|
Level 1
|
67,454
|
|
Level 2
|
73,075
|
|
Keeping Unit Supervisor -
|
|
|
Year 1
|
81,508
|
|
Year 2
|
83,195
|
|
Year 3
|
84,879
|
|
Keeper before Jan 06
|
|
|
Grade 1
|
|
|
Level 01
|
52,550
|
|
Level 02
|
53,060
|
|
Level 03
|
53,937
|
|
Level 04
|
54,982
|
|
Grade 4
|
|
|
Level 01
|
72,038
|
|
Level 02
|
79,382
|
|
Gate Receptionists
|
55,970
|
|
Graphic Designer (Applies to employees
|
|
|
engaged prior 1 July 2010)
|
|
|
1st Year
|
55,509
|
|
2nd Year
|
56,548
|
|
3rd Year
|
58,108
|
|
4th Year
|
60,154
|
|
5th Year
|
61,921
|
|
6th Year
|
63,008
|
|
7th Year
|
64,193
|
|
8th Year
|
66,009
|
|
9th Year
|
68,582
|
|
10th Year
|
71,438
|
|
11th Year
|
73,635
|
|
12th Year
|
76,522
|
|
Junior Designer
|
|
|
Grade 1
|
47,912
|
|
Grade 2
|
49,828
|
|
Grade 3
|
51,820
|
|
Grade 4
|
53,892
|
|
Designer
|
|
|
Grade 1
|
55,509
|
|
Grade 2
|
58,004
|
|
Grade 3
|
60,615
|
|
Grade 4
|
63,344
|
|
Grade 5
|
66,192
|
|
Senior Designer
|
|
|
|
Grade 1
|
69,507
|
|
|
Grade 2
|
72,980
|
|
|
Grade 3
|
76,627
|
|
Table 2 - Other Rates and Allowances payable in
accordance with the Public Service Conditions of Employment Reviewed Award
(2009).
Effective from the
first pay period to commence or after the dates 24 November 2015.
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
|
$
|
|
1
|
8.4
|
Overtime Meal Allowance:
|
|
|
|
|
Dinner
|
28.80
|
|
|
|
Supper
|
10.75
|
|
|
|
|
|
|
2
|
11.1
|
First Aid Allowance
|
|
|
|
|
Holders or basic qualifications:
|
15.83 per week
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Holders of current occupational first aid certificate:
|
23.83 per week
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3
|
11.1
|
Casual First-aid allowance
|
16.62per shift
|
|
4
|
11.2
|
Uniforms -
|
|
|
|
|
Laundry Allowance
|
6.94 per week
|
|
|
|
|
|
|
|
|
Gate Receptionist Laundry Allowance
|
5.35 per week
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
5
|
11.3
|
Disability Allowance at Western Plains Zoo
|
15.20 per week
|
|
|
|
Payable only to existing keepers (ongoing, temporary
|
|
|
|
|
and casual) employed before 1 July 2010, for the term of
|
|
|
|
|
their current contract
|
|
|
6
|
11.4
|
Meal Allowance: Capital Cities
|
|
|
|
|
Breakfast
|
25.90
|
|
|
|
Lunch
|
$29.15
|
|
|
|
Dinner
|
$49.65
|
|
|
|
Meal Allowance: Country Centres
Breakfast
Lunch
Dinner
|
23.20
26.50
45.70
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.