Transport for NSW Salaries and Conditions of
Employment Award 2015
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Transport for NSW.
(No. IRC 522 of 2015)
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Before The Honourable Justice Walton, President
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13 August 2015
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AWARD
Arrangement
PART A - CORE CONDITIONS COVERING NORMAL OPERATIONS
SECTION 1 - APPLICATION AND OPERATION
1. Introduction
2. Interpretation
3. Title
4. Area, Incidence and Duration
5. Dispute Settlement Procedure
(DSP)
6. Union rights
7. Classifications, Salary and
Allowances
8. Consultation and Change
9. No Extra Claims
10. Work Environment
11. Anti-Discrimination
SECTION 2 - EMPLOYMENT CONDITIONS AND ARRANGEMENTS
12. Probationary Period
13. Forms of Employment
14. Termination of Employment
15. Abandonment of Employment
16. Hours of Work
17. Flexible Working Hours
18. Flexible Working Arrangements
19. Leave Provisions
20. Public Holidays
21. Transfer Allowances
22. Overtime
23. Travelling Expenses
24. Remote Locations Living Allowance
25. Higher Grade
26. Salary Packaging
27. Work Health and Safety
28. TOCs and TIOs
29. TMC shiftworkers
Other than TOCs and TIOs and Traffic Commanders
30. Traffic Commanders
31. CBD
Taskforce and Replacement Bus Transport Services TLMs, EMBs and DMSOs
32. CBD
Taskforce and Replacement Bus Transport Services ATCs and STIMs
SCHEDULE A - CLASSIFICATION STRUCTURE AND RATES OF PAY
SCHEDULE B - ALLOWANCES AND EXPENSES
SCHEDULE C -TRANSITIONAL ARRANGEMENTS
SCHEDULE D
PART A - CORE CONDITIONS COVERING NORMAL OPERATIONS
SECTION 1 - APPLICATION AND OPERATION
1. Introduction
1.1 On 1 November
2011, Transport for NSW (TfNSW) was established
pursuant to Part 1A of the Transport Administration Act 1988 (NSW).
1.2 The Transport
Service is the service in which employees who are the staff of TfNSW are employed.
1.3 This award sets
out salaries and conditions of employment for Employees in the Transport
Service in the classifications specified in this award.
2. Interpretation
2.1 Definitions
Accrued Day Off (ADO) means
the day not being a holiday, that an Employee has off duty arising from the
working of a 19 day month.
Act means Transport Administration Act 1988.
Dispute Settlement Procedure (DSP) means the procedure
outlined in Clause 5.
Domestic Violence means domestic violence as defined in
the Crimes (Domestic and Personal Violence) Act 2007.
Employee means all persons employed as a member of the
Transport Service in the TfNSW Group who are not part of the Transport Senior Service as defined in
the Act.
Employee’s Representative means a person of the
Employee’s choice, who may be a union official, appointed by the Employee to
represent them, concerning matters at work.
Employer means the Secretary in accordance with s68C(2) of the Act.
Extended Leave means long service leave as provided by
sub clause 19.5.
FACSL means Family and Community Service Leave in
accordance with subclause 19.4.
Family Member means:
(a) a spouse of the Employee;
(b) a de facto spouse, who, in relation to a
person is a person of the opposite or same sex to the Employee who lives with
the Employee as the Employee's partner on a bona fide domestic basis although
not legally married to the Employee.
(c) a child or
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild, or sibling of the Employee or of the spouse or de
facto spouse of the Employee.
(d) a relative of
the Employee who is a member of the same household, where for the purposes of
this definition:
"relative" means a person related by blood, marriage,
affinity or Aboriginal kinship structures;
"affinity" means a relationship that one spouse or
partner has to the relatives of the other; and
"household" means a family group living in the same
domestic dwelling.
Family Responsibilities means, in relation to Family
and Community Service Leave, the granting of such leave on compassionate
grounds (such as the death or illness of a close family member), attending to
unplanned or unforeseen family responsibilities (such as attending a child’s
school for an emergency reason or emergency cancellations by child care
providers).
Full-Time Employee means a person who is employed on a
permanent or temporary basis to work the ordinary hours prescribed in Clause
16.1.
IRC means Industrial Relations Commission of New South
Wales.
LWOP means
Leave Without Pay.
Leave Year means, for the calculation of annual leave
loading, the year commencing on 1 December each year and ending on 30 November
of the following year.
Local
Holiday means a holiday which that is declared as an additional holiday
for a specified part of the State under the Public Holidays Act.
On Call means
an Employee who is required by the Employer to be available outside their
normal working hours for recall to duty.
Part-Time Employee means a person employed on a
permanent or temporary basis in accordance with clause 13.5, including an
Employee working a job share arrangement.
Professional Engineer means an Employee who holds an undergraduate degree
in engineering (4 or 5 year course) from an Australian University or recognised
equivalent and is employed in a position where a degree in engineering is a
requirement.
Rostered Day Off (RDO) means
the day that an Employee has off duty in accordance with the rostering
arrangements in their area of operation.
Saturday means the period between 12 midnight Friday
and 12 midnight Saturday.
Secretary means the Secretary of the Department of
Transport.
(Note: a reference to any action taken by the Secretary
or the Employer under this award is, where appropriate, taken to mean a
reference to action taken by a delegate of the Secretary).
Shift means a turn of duty during which work is
performed.
Shiftworker means an Employee
working in the TMC who works rostered shifts.
Sunday means the period between 12 midnight Saturday
and 12 midnight Sunday.
Temporary Employee means an employee engaged for a
defined period of time stipulated at the time of engagement, as varied by
agreement.
TfNSW Group means the group
of staff designated by the Secretary of the Department of Transport in
accordance with the Transport Administration (Staff) Regulation as being part
of the TfNSW Group.
TIOs means Employees employed as Transport Information
Officers in the Transport Management Centre.
TMC means the Transport Management Centre.
TOCs means Chief Traffic
Operations Controllers, Senior Traffic Operations Controllers and Traffic
Operations Controllers in the Operations Unit of the Transport Management
Centre.
Transport Service means the Transport Service of New
South Wales established by the Act.
Union means an organisation of Employees registered
under the Industrial Relations Act 1996.
3. Title
This Award shall be known as the Transport for NSW Salaries
and Conditions of Employment Award 2015.
4. Area,
Incidence and Duration
4.1 This Award
shall apply to:
(a) The Employer; and
(b) Employees.
4.2
(a) With the
exception of the clauses outlined in subclause 4.2(b), this Award comes into
effect on 13 August 2015 and will remain in force for a period of 12 months.
(b) Clauses 16, 17
and 22 of this Award shall come into effect on the date published by the
Secretary on the TfNSW intranet. Until such time, the
provisions in Schedule D shall apply.
4.3 This Award rescinds
and replaces the Transport Service of New South Wales Salaries and Conditions
of Employment Award 2011, published 27 July 2012 (373 I.G. 433) as varied.
4.4 Parties to this
Award are:
(a) the Employer;
(b) Public Service Association and Professional
Officers' Association Amalgamated Union of New South Wales (PSA);
(c) the Australian
Rail, Tram and Bus Industry Union NSW (RTBU);
(d) the Australian
Services Union, NSW and ACT (Services) Branch (ASU); and
(e) the Association
of Professional Engineers, Scientists and Managers Australia (APESMA).
4.5 An agreement
made under s68D(2) of the Act shall override this
Award to the extent of any inconsistency.
5. Dispute
Settlement Procedure (DSP)
5.1 The purpose of
this procedure is to ensure that disputes are resolved as quickly and as close
to the source of the issue as possible. This procedure requires that there is a
resolution to disputes and that while the procedure is being followed, work
continues normally.
5.2 Subject to
Clause 9.1, this procedure shall apply to any Dispute that arises about the
following:
(a) matters
pertaining to the relationship between the Employer and Employees;
(b) matters
pertaining to the relationship between the Employer and the union parties to
this award which pertain to the Award and/or the relationship between the
Employer and Employees; or
(c) the operation
and application of this Award.
5.3 Any Dispute shall
be resolved according to the following steps:
STEP 1: Where a
Dispute arises it shall be raised in the first instance in writing by the
Employee(s) or their Union delegate directly with the local supervisor/manager.
The local supervisor/manager shall provide a written response to the
Employee(s) or their Union delegate concerning the dispute within 48 hours of
receipt of the Dispute notification advising them of the action being taken.
The status quo before the emergence of the dispute shall continue whilst the
dispute settlement procedure is being followed. For this purpose "status
quo" means the work procedures and practices in place immediately prior to
the change that gave rise to the dispute.
STEP 2: If the
Dispute remains unresolved, or if the Dispute involves matters other than local
issues, the Principal Manager Industrial Relations or their nominee, a
divisional management representative and the Employee(s) and/or the Employee(s)
representative, Union delegate or official shall confer and take appropriate
action to arrive at a settlement of the matters in dispute within 72 hours of
the completion of Step 1 or the Principal Manager Industrial Relations being
notified of a dispute involving other than local issues.
STEP 3: If the
Dispute remains unresolved, each party to the Dispute shall advise in writing
of their respective positions and negotiations about the dispute will be held
between the Employee representative(s) or Union official, the Secretary or
their nominee who will meet and conclude their discussions within 48 hours.
STEP 4: If the
Dispute remains unresolved any party may refer the matter to the IRC for
conciliation. If conciliation does not resolve the Dispute the matter shall be
arbitrated by the IRC.
5.4. By mutual
agreement confirmed in writing, Step 3 outlined above may be avoided, and the
parties to the dispute may seek the assistance of the IRC in the terms outlined
at Step 4.
5.5. The referral of
the Dispute to the IRC must take place within 72 hours of completing Step 3. A
copy of the notification must be forwarded to all relevant parties to the
Dispute. Any Dispute that is not so referred will be deemed to be no longer a
matter in dispute.
5.6. The parties to
the Dispute may extend the timeframe of Steps 2 - 4 by agreement. Such
agreement shall be confirmed in writing.
5.7. All timeframes
above are exclusive of weekends and public holidays.
5.8 The Employer
can raise a Dispute using the same process as in 5.3 but reversing the roles of
the Employee or Union and the Employer in the process.
5.9 Safety Issues
Matters which are based on a reasonable concern by an
Employee about an imminent risk to an Employee’s health or safety shall be
excluded from the DSP. Where a matter is raised involving such an issue, the
Employee shall agree to comply with a direction by the Employer to perform
other available work which is safe and reasonable and within their skills and
competence with no reduction in the rostered rate of pay of the Employee while
the alternative work is being performed.
6. Union Rights
6.1 Union Delegates
(a) The Employer acknowledges that Union
delegates represent and speak on behalf of members in the workplace.
(b) Accordingly the Employer will allow Union
delegates reasonable time during the delegate's working hours to perform the
duties listed below, and such time will be regarded as being on duty:
(i) represent
members in bargaining;
(ii) represent the
interests of members to the Employer;
(iii) consult with
union members and other Employees for whom the delegate is a representative;
and
(iv) place union
information on a union noticeboard in a readily accessible and visible
location.
(c) Union delegates will be provided with
reasonable access to relevant information and reasonable preparation time
before meetings with management or disciplinary or grievance meetings where a
union member requires the presence of a union delegate, where operational
requirements allow the taking of such time.
(d) Where a workplace meeting is called with
management, including meetings under the Dispute Settlement Procedure, Union
delegates that attend will be paid by the Employer any travel and/or
accommodation costs necessarily and reasonably incurred.
(e) Union delegates must give reasonable
notice to their manager of the requirement to attend a meeting arising as a
result of the operation of the Dispute Settlement Procedure. Unless not
otherwise possible a Union delegate should not interrupt Employees who are undertaking
their work duties.
(f) Special leave with pay will be granted
for the following activities undertaken by a Union delegate as specified below:
(i) annual or biennial conferences of their own Union, Unions
NSW or the Australian Council of Trade Unions (ACTU);
(ii) attendance at
meetings called by Unions NSW involving the Unions which requires attendance of
a delegate;
(iii) attendance at
their Unions National Executive, State Executive, Divisional Committee of
Management (or equivalent), National Council or State Council;
(iv) giving evidence before an Industrial
Tribunal or in another jurisdiction in proceedings as a witness for the Union,
briefing counsel, appearing as an advocate on behalf of a Union or assisting Union
officials with preparation of cases; and
(v) attendance at
meetings as a member of a vocational or industry committee.
(g) Employees who are members of a Union
will be granted Special Leave with pay up to 12 working days in any period of 2
years to attend training courses endorsed by their Union, Unions NSW or the
ACTU, subject to:
(i) the operating requirements of the workplace permitting the
grant of leave and the absence not requiring employment of relief staff;
(ii) all travelling
expenses being met by the Employee or the Union;
(iii) attendance being
confirmed in writing by the Union or a nominated training provider.
(h) The Employer must be notified in writing
by the Union or, where appropriate, by the Union delegate as soon as the date and/or
time of the meeting, conference or other accredited activity referred to above
is known.
(i) Any payment
to an Employee as a result of performing duties or taking leave in accordance
with this clause will be paid at ordinary time rates.
(j) If a delegate undertakes duties in
accordance with this clause while on leave, TfNSW
will credit the time for the attendance following the production by the
delegate of satisfactory evidence of attendance.
6.2 Union Delegates’ access to the Employer’s
facilities
(a) The Employer will allow reasonable
access to telephone, computers and accessories, meeting rooms, facsimile,
postal, photocopying, e-mail and intranet/internet facilities for the purpose
of carrying out work as a Union delegate and consulting/meeting with workplace
colleagues in accordance with this provision.
(b) The Employer shall provide a notice
board for the display of authorised material in each workplace in a readily
accessible and visible location.
7. Classifications,
Salary and Allowances
7.1 Employees, other than Professional
Engineers, are employed in the classifications set out in Part 1 of Schedule A.
7.2 Professional Engineers are employed in
the classifications set out in Part 2 of Schedule A.
7.3 Employees will be paid in accordance with
this clause and the rates of pay set out in Schedule A.
7.4 Employees will be paid applicable
allowances and expenses in accordance with Schedule B of this Award.
7.5 Salary and allowance adjustments provided
for in this Award are as follows:
(a) salaries will
increase by 2.5% from first pay period commencing on or after 1 July 2015;
(b) allowance items
1, 2,12 and 13 will be increased in accordance with (a) rounded to the nearest
10 cents.
(c) allowance items
3 to 11, 14 and 15 will be increased in accordance with variations made via NSW
Treasury (NSW Industrial Relations) circulars and Schedule B amended as
required.
7.6 Where an
Employee has completed 12 months service at a level within a classification and
the Employee's manager confirms that the Employee's conduct, performance and
attendance is satisfactory, the Employee will progress one level within the
Employee's classification.
7.7 Each Employee
will be paid fortnightly.
7.8 Where directed
in writing by an Employee, the Employer will deduct a payment due from the
Employee to a Union party from an Employee's salary and remit it to the
nominated Union in a timely manner, at no cost to the Employee or the Union,
but subject to the Union being able to accept an electronic funds transfer. A
deduction will be detailed on the Employee's pay slip.
7.9 The
transitional arrangements for Employees who join the Transport Service, other
than through an open merit selection process to a TfNSW
grade that is lower than their equivalent TfNSW grade
as per Schedule C, and who immediately prior to their employment were employed
in a public transport agency, as defined in the Act, are set out in Schedule C.
The transitional arrangements in Schedule C only apply to Employees who are
appointed to a position that is at their equivalent TfNSW
grade in Schedule C.
7.10 First Aid
Allowance
Where the Employer designates an Employee who is
qualified, as specified in Items 12 and 13 of Schedule B, to be available to
provide First Aid duties and responsibilities, they shall be paid a First Aid
Allowance appropriate to the qualifications held during any period they are so
designated.
8. Consultation
and Change
8.1 There shall be effective
means of consultation on matters of interest and concern, both formal and
informal, at all levels of the organisation, between the parties to this award
and Employees.
8.2 At least 4
times per year senior management representatives of the Employer and nominees
of each of the Union parties will meet to consult on matters which have
organisational wide impact or implications.
8.3 When a change
is proposed that will have an impact upon the working arrangements of
Employees, the Employer will consult with Employees and their employee
representatives.
(a) The Employer
will provide relevant information about:
(i) The
proposed change;
(ii) Effects on
the Employees; and
(iii) The rationale
for the proposed changes based on business needs.
(b) The Employer
will meet with the affected Employees and their Employee Representative and
discuss the effects of the changes on the Employee(s) concerned and measures
proposed to avoid or otherwise minimise any possible adverse impact on affected
Employees.
(c) The
Employees(s) will be given an opportunity and reasonable time to provide input
and discuss the proposed change with their Employee Representatives, to
consider the change and respond to any proposed changes.
(d) The Employer
will respond to any feedback provided by Employees and their Employee
Representatives.
8.4 The Employer
shall consult with Employees, Employee Representatives and other parties to
this award prior to the introduction of any technological change that impacts on the working arrangements of Employees.
8.5 Where matters
cannot be resolved through the consultative process any party may utilise the
Dispute Settlement Procedure at Clause 5.
9. No Extra
Claims
9.1 During the term
of this award, there will be no extra wage claims, claims for improved
conditions of employment or demands made with respect to the employees covered
by the award and, further, that no proceedings, claims or demands concerning
wages or conditions of employment with respect to those employees will be
instituted before the IRC or any other industrial tribunal.
9.2 The terms of
subclause 9.1 do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing award
provisions.
9.3 Variations made
with the agreement of the parties as provided for in clause 6(1)(d) of the
Industrial Relations (Public Sector Conditions of Employment) Regulation 2011
are not prohibited by this clause.
10. Work
Environment
10.1 Workplace Health
and Safety - The parties to this award are committed to achieving and
maintaining accident-free and healthy workplaces by:
(a) the development of policies and guidelines on Workplace
Health, Safety and Rehabilitation;
(b) assisting to
achieve the objectives of the Work Health and Safety Act 2011 and the Work
Health and Safety Regulation 2011 by establishing agreed Work Health and Safety
consultative arrangements in the workplace; to identify and implement safe
systems of work, safe work practices, working environments and appropriate risk
management strategies; and to determine the level of responsibility to achieve
these objectives;
(c) identifying training strategies for Employees, as
appropriate, to assist in the recognition, elimination or control of workplace
hazards and the prevention of work related injury and illness;
(d) developing strategies to assist the rehabilitation of
injured Employees.
10.2 The Employer
will allow Employees elected as committee members, reasonable time during
working hours to attend meetings of the workplace's Workplace Health and Safety
Committee and participate in all official activities relating to the functions
and responsibilities of a Workplace Health and Safety Committee Member.
10.3 Equality in
employment - The Employer is committed to the achievement of equality in
employment and the award has been drafted to reflect this commitment.
10.4 Harassment-free
Workplace - Harassment on the grounds of sex, race, marital status, physical or
mental disability, sexual preference, transgender, age or responsibilities as a
carer is unlawful in terms of the Anti-Discrimination
Act 1977. Management and staff are required to refrain from, or be party to,
any form of harassment in the workplace.
11. Anti-Discrimination
11.1 It is the
intention of the Employer 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.
11.2 It follows that
in fulfilling their obligations under Clause 5 (Dispute Settlement Procedure)
of 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.
11.3 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.
11.4 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 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.
11.5 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.
NOTES
1. Employers and Employees may also be
subject to Commonwealth anti-discrimination legislation.
2. Section 56(d) of the
Anti-Discrimination Act 1977 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."
SECTION 2 - EMPLOYMENT CONDITIONS AND
ARRANGEMENTS
12. Probationary Period
12.1 All new Employees, other than an Employee
who immediately prior to their employment in the Transport Service was employed
in the NSW Public Sector, will be subject to a probationary period of 3 months,
except where the Employer specifies a probationary period of 6 months.
12.2 The Employer may extend a 3 month probationary
period once up to a maximum of 6 months.
13. Forms of
Employment
13.1 The Transport
Service will use direct permanent employment as the preferred and predominant
staffing option for TfNSW.
13.2 With the
exception of Employees covered by Part B (employed in the TMC) no Employee will
be employed to perform shiftwork or be required to
perform shiftwork.
13.3 The Employer
shall only engage Employees on a full-time, part-time or temporary basis. No
employee will be engaged as a casual employee.
13.4 Full-Time
Employment
A Full-Time Employee is an Employee employed to work
for thirty five hours per week.
13.5 Part-Time
Employment
(a) A Part-Time
Employee shall be engaged to work agreed contract hours per week (for no less
than three hours per day) and employed to work fewer ordinary hours than the
ordinary hours worked by a Full Time Employee.
(b) Part-Time work
may be undertaken with the agreement of the Employer. Part-Time work may be
undertaken in a part-time position or under a part-time arrangement. The terms
of the agreement must be in writing and specify the pattern of contract hours
to be worked and may only be varied with the consent of both parties.
(c) Part-Time
Employees shall be paid at the same hourly rate as a Full-Time Employee in the
same classification, including any relevant expenses and/or allowances as
prescribed in this Award. Incremental progression for Part-Time Employees is
the same as for Full-Time Employees.
(d) Part-Time
Employees receive full time entitlements on a pro rata basis calculated
according to the number of hours an Employee works in a part-time position or
under a part-time arrangement. Entitlements to paid leave will accrue on the
equivalent hourly basis.
(e) Additional
hours
(i) The
Employer may request, but not require, a Part-Time Employee to work additional
hours in excess of their contract hours.
(ii) Subject to
16.13, for the time worked in excess of the Employee’s contract hours and up to
the normal full-time hours for the classification, part-time Employees shall:
(A) be paid for
additional hours at their hourly rate plus a loading of 1/12th in lieu of
annual leave where the Employee is entitled to four weeks annual leave, or a
loading of 5/47ths in lieu of annual leave where the Employee is entitled to
five weeks annual leave, or
(B) if working under a Flexible Working Hours scheme under
clause 17 of this Award, can elect to be paid as per clause 13.5(e)(ii)(A) or
have the time worked credited as flexible working hours.
(iii) For time
worked in excess of the full-time hours of the classification, or outside the
bandwidth, payment shall be made at the appropriate overtime rate in accordance
with clause 22 without the need to be working under flexible hours in clause
22.3.
13.6 Temporary
Employment
(a) A Temporary
Employee shall be entitled to the same salary and conditions as permanent
employees in the same classification.
(b) Temporary
Employees are not entitled to redundancy payments.
(c) Subject to
13.1, an engagement of a Temporary Employee may be for a fixed period of not
more than 12 months, for a specified project, or for maternity relief of not
more than 24 months, on either a full-time or part-time basis.
(d) Where a
Temporary Employee is engaged for a fixed period of more than 12 months (other
than maternity leave) or where an Employee is proposed to be engaged as a
Temporary employee for a further period in the same role that would extend the
engagement to more than 12 months, a review will be undertaken beforehand to
determine if a permanent position should be created.
14. Termination of
Employment
14.1 The Employer
will not terminate an Employee's employment unless:
(a) the Employee has been given, in writing, the period of
notice required by this clause;
(b) the Employee is guilty of serious misconduct; or
(c) all relevant legislative provisions have been complied with.
14.2 The required
period of notice by the Employer will be:
|
Employee's Continuous Service with the Employer
|
Period of Notice
|
|
Not more than 1 year
|
1 week
|
|
More than 1 year and up to but no more than 3 years
|
2 weeks
|
|
More than 3 years but no more than 5 years
|
3 weeks
|
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More than 5 years
|
4 weeks
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14.3 Employees over
45 years of age who have more than 2 years of continuous service will be
provided with an additional one (1) week's notice.
14.4 The Employer may
require the Employee to work for all or part of the notice period, with any remainder
of the notice period to be paid out.
14.5 Employees may
terminate their employment by giving notice in writing in accordance with the
table in sub clause 14.2 above, or by forfeiting salary in lieu of notice.
14.6 Where the
Employer has given notice of termination to an Employee, the Employee will be
allowed up to one day’s time off without loss of pay for the purpose of seeking
other employment. The time off is to be taken at times that are convenient to
the Employee after consultation with the Employer.
14.7 Upon termination
of employment an Employee must return any of the Employer’s
property including equipment, manuals, telephones, radios, security keys,
uniforms, and identification in their possession or control.
14.8 Nothing in this
clause shall affect the ability of the Employer to terminate the employment of
an Employee at any time, without notice, for serious misconduct.
15. Abandonment
of Employment
15.1 If an Employee is absent for a period of 5
consecutive working days without authorisation, the Employer (before
terminating) will write to the Employee, via registered post or courier (with
delivery confirmation receipt) to the Employee’s last known address, advising
that the Employer is considering termination unless the Employee provides a
satisfactory explanation within 7 calendar days.
15.2 If the Employee
does not respond to the letter or resume duty within the specified 7 calendar
days, a further letter will be sent by registered mail or courier (with
delivery confirmation receipt) to the Employee’s last known address, advising
the Employee that their services have been terminated due to abandonment of
employment.
16. Hours of Work
16.1 The ordinary
hours of work shall be 35 hours per week.
16.2 Except as
provided for in Clause 16.13 and Part B of this Award, the ordinary hours shall
be worked between 7.00 am and 7.00 pm, Monday to Friday inclusive.
16.3 No Employee
shall be required to work more than five consecutive hours without a meal
break.
16.4 Meal breaks must
be given to and taken by Employees. Employees shall be entitled to an unpaid
meal break of not less than 30 minutes duration. For Employees working hours in
accordance with 16.7(a) with a prescribed break of more than 30 minutes, the
Employee and Employer may agree, when operationally convenient, to reduce the
break to not less than 30 minutes.
16.5 The ordinary
hours may be standard pursuant to clause 16.7(a) or flexible pursuant to clause
17 and may be worked on a full time or part time basis.
16.6 The Employer
shall ensure that all Employees are informed of the hours of duty required to
be worked and of their rights and responsibilities in respect of such hours of
duty.
16.7 The following
working arrangements apply according to the requirements of the Employer:
(a) the ordinary
hours for an Employee working standard hours will be Monday to Friday, 7 hours,
22 mins per day / 19 days per 4 week period (fixed); or
(b) flexible working hours (clause 17).
Employees working according to (a) above are excluded
from working under the flexible working hours scheme.
16.8 Employees
working in accordance with 16.7(a) will be entitled to:
(a) have an accrued day off (ADO) during each four week work
cycle; and
(b) where the Employee is directed to work and cannot take their
ADO during that four week work cycle then any such accrued ADO shall be carried
over and taken at a mutually convenient time.
16.9 Where an
Employee working standard hours is directed to work between 7am and 7:30am, or
6pm and 7pm, such hours shall be overtime and managed in accordance with the
overtime provisions of this Award.
16.10 Where an Employee
working standard hours is directed to work more than 7 hours, 22 minutes in any
one day (excluding breaks) the hours in addition to 7 hours, 22 minutes shall
be paid as overtime and managed in accordance with the overtime provisions of
this Award.
16.11 Employees who are
lactating mothers may take lactation breaks for breastfeeding, expressing milk
or other activity necessary to the act of breastfeeding or expressing milk.
This is in addition to any other rest period and meal break as provided for in
this award.
(a) 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.
(b) 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.
(c) Employees
shall be provided with access to:
(i) a suitable private space, with comfortable seating, for the
purpose of breastfeeding or expressing milk; and
(ii) suitable facilities, such as refrigeration and a sink, where
practicable.
16.12 An Employee who is
required to undertake urgent personal business, attend to essential religious
obligations or is late for work, can seek approval to
make up that time on the same or on other days as agreed between the Employee
and the Employer or take flex leave if working under Flexible Working Hours
(clause 17).
16.13 Additional
Conditions for North West Rail Link Community Information Centre Staff
(a) Employees
working in the North West Rail Link Community Information Centre may be
required to work their ordinary hours of duty:
(i) between 8.20 am and 4.20 pm on a Saturday; and
(ii) between 6.00 pm and 7.00 pm on a Monday to Friday,
provided such ordinary hours
shall be paid at the ordinary rate plus a loading of 50 per cent.
(b) The ordinary
hours of duty shall be worked over a two week roster cycle.
(c) Employees
shall not be required to work more than five consecutive days during the roster
cycle.
(d) The minimum
hours to be worked on a Saturday shall be four for Full Time Employees and
three for Part Time Employees.
17. Flexible
Working Hours
17.1 Flexible working
hours is defined as where an Employee is able to:
(a) vary their start and finish times within the bandwidth;
(b) accrue one flex day (7 hours) in each 4 week settlement
period;
(c) take flex leave at any time throughout the 4 week settlement
period with management approval.
17. 2 The provisions of the Flexible Working Hours arrangements
available to Employees are as follows:
(a) A flexible
working hours scheme in terms of this subclause may operate
subject to operational requirements, as determined by the Employer.
(b) Flexible
working hours will accrue where an Employee works additional hours above 140
hours in a settlement period in accordance with this clause.
(c) Where the
operational requirements allow, the working of flexible hours under a flexible
working hours scheme shall be extended to an Employee working under a part time
work arrangement. Except for provisions contained in subclauses (k), (n) and
(o) of this clause, all other provisions under this subclause shall be applied
pro rata to an Employee working under a part time work arrangement.
(d) Attendance -
An Employee's attendance in excess of ordinary hours but within the bandwidth
shall be subject to the availability of work.
(e) Bandwidth -
The bandwidth shall be between the hours of 7.00 am and 7.00 pm Monday to
Friday, unless otherwise agreed between the Employer and the Employee.
(f) Minimum hours
of work on any day will be 5 for a full-time Employee and 3 for a part-time
Employee, excluding breaks.
(g) Maximum hours
of work on any day to be accredited as flex-time will be 10 hours, excluding
breaks.
(h) Lunch break -
The standard lunch period shall be no less than ½ hour and no more than 1 hour.
However, by agreement with the Employer, an Employee may take up to 2½ hours.
(i) Settlement
period - The settlement period shall be four weeks, and for time recording
purposes, the settlement period and flexleave must
coincide.
(j) Contract
hours - The contract hours for a settlement period shall be calculated by
multiplying the Employee's weekly contract hours by the number of weeks in a
settlement period.
(k) Flexible
working hours credit - An Employee may carry a maximum
of 10 hours credit into the next settlement period. Subject to clause 17.2(m)
and 17.2(p), additional hours are forfeited.
(l) Any credit of
hours outstanding on an Employee's last day of duty,
is to be paid by adding the monetary value to any unpaid salary or to the
monetary value of accrued annual/extended leave.
(m) Weekly hours
worked during the settlement period are to be monitored by the Employee and
their supervisor. If it appears that the Employee may exceed an accumulated work
time of 150 hours in a settlement period, or if the total hours of work in a
settlement period with the credit hour carry over from the previous settlement
period is likely to exceed 150 hours, the Supervisor shall, with the agreement
of the Employee, seek the approval of the Employer, in writing, to allow the
Employee to accrue additional hours worked above 150 hours per settlement
period for a period of up to 3 months and how, if accrued, the additional hours
are to be utilised through flexleave.
(n) Flexible
working hours debit - The following provisions shall apply to the carry over of flexible working hours
debits:
(i) A
debit of up to 10 hours at the end of a settlement period may be carried over
into the next period;
(ii) Where the
debit exceeds 10 hours, the excess will be debited from a following pay as
leave without pay, unless the Employee elects to be granted available annual or
extended leave to offset the excess.
(iii) Any debit of
hours outstanding on an Employee’s last day of duty is to be deducted from any
unpaid salary or the monetary value of accrued annual/ extended leave.
(o) Flexleave - Subject to operational requirements:
(i) An
Employee may use credit hours to take off one full day or two half days in a
settlement period of 4 weeks.
(ii) Flexleave may be taken in divisions of 1/4 day, 1/2 day,
3/4 day or 1 full day.
(iii) Flexleave may be taken on consecutive working days.
(iv) Absences
on flexleave may be combined with other periods of
authorised leave.
(p) Banked days -
If an Employee is unable to take flex leave in accordance with paragraph (o) of
this subclause due to operational requirements, an Employee can bank flexleave and is entitled to have banked up to four untaken
flex days at any one time. Subject to approval, the Employee can take up to
four banked days plus the current settlement period’s
flex day, to take a maximum of five consecutive working days off at an
appropriate time. All banked days that are not taken by 31 January following
the year in which the days are banked are forfeited unless retention is
approved by the Secretary.
18. Flexible
Working Arrangements
18.1 Flexible work
arrangements may be agreed between the Employer and a staff member.
18.2 In addition to
leave and flexible working hours arrangements,
examples of workplace flexibility initiatives that may be considered include:
(a) Working from
home
(b) Changing from
full-time to part-time employment on a temporary or permanent basis
(c) Job-sharing
(d) Transition to retirement
arrangements
18.3 A flexible work
arrangement must be cost neutral and conform to Work Health and Safety
requirements.
18.4 The Employer
will not unreasonably refuse a staff member’s request for a flexible working
arrangement as long as the arrangements can be structured to maintain business
efficiency and productivity.
19. Leave
Provisions
19.1 Annual Leave
(a) Subject to
this clause, annual leave is in accordance with the Annual Holidays Act.
(b) Employees are
entitled to 4 weeks annual leave each year, which accrues from day to day on a
pro-rata basis over a 12 month period.
(c) An employee
who takes unpaid adoption, maternity or parental leave in accordance with this
Award, is entitled to take Annual leave on half pay at the same time.
(d) Limits on
accumulation and direction to take leave:
(i) Employees
must take at least two weeks of annual leave every 12 months, and this shall be
given by the Employer before the expiration of the period of one year after the
date upon which the right to take the holiday accrued.
(ii) The minimum
period of annual leave available to be granted shall be a quarter day.
(iii) Where
operational requirements permit, the application for leave shall be dealt with by
the Employer according to the wishes of the Employee.
(e) Subclause
19.1(d)(i) will not apply if
an Employee has accumulated annual leave for a special purpose approved by the
Employer, for example, an overseas holiday.
(f) Annual leave
does not accrue during leave without pay, other than:
(i) military leave taken without pay when paid military leave
entitlements are exhausted;
(ii) absences due to natural emergencies or major transport
disruptions, when all other paid leave is exhausted;
(iii) any continuous period of sick leave taken without pay when
paid sick leave is exhausted;
(iv) incapacity for which compensation is authorised under the
Workplace Injury Management and Workers Compensation Act 1998 and Workers
Compensation Act 1987; or
(v) periods which when aggregated, do not exceed 5 working days
in any period of 12 months.
(g) An Employee
who is stationed indefinitely in a remote area of the State, being the Western
and Central Division of the State described as such in the Second Schedule to
the Crown Lands Consolidation Act 1913 before its repeal, accrues additional
annual leave at the rate of 5 days per annum.
(h) Annual leave
loading
(i) Employees
will receive, in addition to payment for annual leave, a leave loading of 17.5%
of the monetary value of up to 4 weeks annual leave accrued in a Leave Year
calculated on their salary.
(ii) The annual
leave loading shall be paid to Employees subject to the following conditions:
(A) The full
entitlement to the loading on annual leave that an Employee has accrued over
the previous Leave Year will be paid on the first occasion after 1 December in
any year an Employee takes sufficient leave to permit them to be absent from
duty for at least two consecutive weeks, of which at least one week is annual
leave. The loading will apply only to leave accrued in the year ending on the
preceding 30 November, up to a maximum of four weeks.
(B) In the event of
no such absence occurring by 30 November of the following year, an Employee
will be paid the monetary value of the annual leave loading payable on leave
accrued as at 30 November of the previous Leave Year in a pay following 30
November.
(C) On cessation of
employment, other than termination by the Employer for serious and intentional misconduct,
an Employee who has not taken annual leave qualifying them for payment of the
annual leave loading since the preceding 1 December shall be paid the loading,
which would have been payable had such leave been taken.
19.2 Sick Leave
(a) An Employee is
entitled to take paid accrued sick leave in accordance with this clause.
(b) Sick leave on
full pay accrues day by day to an Employee at the rate of 15 days each calendar
year, and any such accrued leave, which is not taken, is cumulative.
(c) During the
first 4 months of employment, an Employee can access up to 5 days paid sick
leave even though that leave has not yet accrued.
(d) Employees are
required to provide medical certificates or other evidence when sick leave
exceeds two consecutive days.
(e) Subject to any
restrictions imposed as a result of unsatisfactory attendance, Employees are
entitled to take 5 single days of total sick leave in any one year as
uncertified absences, after which all leave requires a medical certificate or
other evidence supporting a sick leave absence.
(f) Sick leave
without pay shall count as service for the accrual of paid sick leave and
annual leave. In all other respects sick leave without pay shall be treated in
the same manner as leave without pay.
(g) Sick Leave -
Workers Compensation
(i) Pending
determination of a claim under the Workers Compensation Act 1987, on production
of an acceptable medical certificate, an Employee shall be granted sick leave
on full pay for which the Employee is eligible followed, if necessary, by sick
leave without pay or, at the Employee's election by accrued annual leave or
extended leave.
(ii) If liability
for the workers compensation claim is accepted, then an equivalent period of
any sick leave taken by the Employee pending acceptance of the claim shall be
restored to the credit of the Employee.
(iii) An Employee
who continues to receive compensation after the completion of the period of 26
weeks referred to in section 36 of the Workers Compensation Act 1987 may use
any accrued and untaken sick leave to make up the difference between the amount
of compensation payable under that Act and the Employee's ordinary rate of pay.
Sick leave utilised in this way shall be debited against the Employee.
19.3 Carer’s Leave
(a) Employees will
be able to elect to use available paid sick leave, subject to the conditions
specified in this subclause, to provide care and support when a person
identified in paragraph (c) of this clause is ill, or requires care due to an
unexpected emergency.
(b) Employees will
be entitled to Carer's Leave when:
(i) their entitlements to Family and Community Service Leave is
exhausted; and
(ii) they are responsible for the care and support of a category
of person set in paragraph (c) of this clause.
(c) Categories of
people for which Carer's Leave can be obtained:
Employees will be entitled to Carer's Leave for the
care and support of an ill:
(i) Family
Member;
(ii) relative who is a member of the same household where, for
the purposes of this definition:
(A) 'relative' means a person related by blood, marriage,
affinity or Aboriginal kinship structures;
(B) 'affinity' means a relationship that one spouse or partner
has to the relatives of another; and
(C) 'household' means a family group living in the same domestic
dwelling.
(d) Other forms of
leave and carer’s responsibilities
An Employee may elect, with the Employer’s agreement,
to take annual leave at any time within a period of 24 months from the date at
which it falls due.
(e) The Employee
shall, if required:
(i) establish either by production of a
medical certificate or other acceptable documentation, the illness of the
person concerned and that the illness is such as to require care by another
person; or
(ii) establish by production of acceptable documentation, the
nature of the emergency and that such emergency resulted in the person
concerned requiring care by the Employee.
(f) In normal
circumstances, an Employee must not take carer's leave under this subclause
where another person has taken leave to care for the same person.
19.4 Family and
Community Service Leave
(a) Employees will
be granted paid Family and Community Service Leave (FACSL) in accordance with
this clause.
(b) FACSL will be
granted:
(i) for reasons related to responsibilities for a Family Member
;
(ii) for reasons related to the death of a Family Member or
relative;
(iii) for reasons related to performance of community service; or
(iv) in case of pressing necessity, natural disaster or major transport
disruption.
(c) The maximum
amount of FACSL that an Employee will be granted at ordinary rates is:
(i) two and a half days in the first 12
months of service; or
(ii) five days in
any period of two years after the first 12 months of service; or
(iii) one day for
each completed year of service, less the total amount of any FACSL already
taken by the Employee,
whichever is the greater.
(d) If available
FACSL is exhausted, on the death of a Family Member or relative, additional paid
FACSL of up to 2 days will be granted on a discrete, per occasion basis to a
staff member.
19.5 Extended Leave
(a) General
Extended leave for Employees will accrue and be granted
in accordance with section 68HA of the Transport Administration Act 1988,
together with Schedule 1 of the Government Sector Employment Regulation 2014.
(b) Extended Leave
Entitlements
(i) An
Employee who has completed 10 years of continuous service with the Employer is
entitled to extended leave of:
44 working days at full pay, or
88 working days at half pay, or
22 working days at double pay.
(ii) For each
additional calendar year of service completed in excess of 10 years, Employees
accrue 11 working days extended leave.
(iii) Employees who
have completed at least 7 years of continuous service with the Employer, or as
recognised in accordance with Schedule 1 of the Government Sector Employment
Regulation 2014, are entitled to access the extended leave accrual indicated in
subparagraph (i) above on a pro rata basis of 4.4
working days per completed year of service.
(iv) Employees who
are employed part-time are entitled to extended leave on the same basis as that
applying to a Full-Time Employee but payment for the leave is calculated on a
pro rata basis.
19.6 Maternity Leave
(a) General
(i) Maternity
leave is available to all female Employees to enable them to take care of their
new born child, retain their position and return to work within a reasonable
period of time after they have given birth.
(ii) An Employee who
has been granted maternity leave and whose child is stillborn may elect to take
available sick leave instead of maternity leave.
(b) Paid Maternity
Leave
Employees who have completed at least 40 weeks
continuous service prior to the expected date of birth are entitled to paid maternity leave at their ordinary rate of pay for:
(i) fourteen
weeks, or
(ii) the period of maternity leave taken,
whichever is the lesser
period.
Leave may be taken at full pay, half pay or as a lump
sum.
(c) Unpaid Maternity
Leave
(i) Pregnant
Employees are entitled to maternity leave:
(A) on a full-time basis for a period of not more than nine
weeks prior to the expected date of giving birth; and
(B) for a further period ending not more than 12 months after
the date of giving birth.
(ii) Employees who
take maternity leave may reach agreement with the Employer to also take leave after
the date of birth:
(A) part-time for a period not exceeding two years; or
(B) partly full-time and partly part-time over a proportionate
period of up to two years.
(d) Where the
pregnancy ends, not in the birth of a living child, within 28 weeks of the
expected date of birth, the Employee may elect to take paid or unpaid maternity
leave or sick leave and negotiates their date of return to work with the
Employer.
(e) Where an
Employee has a pregnancy related illness, the Employee is entitled to take paid
sick leave or accrued annual leave or extended leave or unpaid special
maternity leave.
19.7 Adoption Leave
(a) General
(i) Employees
are entitled to adoption leave when they are to be the care giver of either an
adopted child or a child subject to a parentage order made under the Surrogacy
Act 2010.
(ii) Adoption
leave commences on the date that the Employee takes custody of the child
concerned, whether that date is before or after the date on which a court makes
an order for the adoption of the child.
(b) Paid Adoption
Leave
Employees who have completed at least 40 weeks
continuous service prior to the commencement of adoption leave are entitled to
paid leave at their ordinary rate of pay for:
(i) fourteen
weeks, or
(ii) the period of adoption leave taken,
whichever is the lesser
period.
Leave may be taken at full pay, half pay or as a lump
sum.
(c) Unpaid
Adoption Leave
(i) Employees
are entitled to adoption leave for a maximum period of 12 months.
(ii) Employees who
take adoption leave may also reach agreement with the Employer to also take
leave:
(A) part-time for a period not exceeding two years; or
(B) partly full-time and partly part-time over a proportionate
period of up to two years.
(d) Special
Adoption Leave
An Employee is entitled to special adoption leave
(without pay) for up to 2 days to attend interviews or examinations for the
purposes of adoption. As an alternative to special adoption leave an Employee
can elect to charge the period of leave against annual leave, extended leave, flexleave or family and community service leave.
19.8 Parental Leave
(a) General
(i) Parental
leave will be granted for a period of up to 12 months to Employees who are not
entitled to maternity or adoption leave to enable parents to share in the
responsibility of caring for their young children.
(ii) Parental
leave may commence at any time up to two years after the date of birth of a
child or the date of placement of an adopted child.
(iii) Parental
leave is granted without pay except as provided in paragraph (d) of this
subclause.
(b) Short other
parental leave - an unbroken period of up 8 weeks at the time of the birth of
the child or other termination of the spouse's or partner's pregnancy or, in
the case of adoption or surrogacy, from the date of taking custody of the
child.
(c) Extended other
parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the staff member as provided for in paragraph
19.8(b) of this subclause. Extended other parental leave may commence at any
time up to 2 years from the date of birth of the child or the taking of custody
of the child.
(d) Paid Parental
Leave
(i) Employees
who have completed at least 40 weeks continuous service prior to the
commencement of parental leave are entitled to be paid at their ordinary rate
of pay for:
(A) One week on
full pay, or
(B) Two weeks on
half pay.
(ii) The period of
paid leave does not extend the current entitlement of leave in accordance with
18.8(a)(i) or (b), but is
part of it.
(e) Taking Of Parental Leave
Employees who take parental leave may reach agreement
with the Employer to also take leave:
(i) part-time over a period not exceeding two years; or
(ii) partly full-time and partly part-time over a proportionate
period of up to two years.
19.9 Annual and
extended leave during maternity, adoption or parental leave
An Employee may elect to take available annual leave or
extended leave within the period of maternity, adoption or parental leave
provided this does not extend the total period of such leave.
19.10 Subsequent
maternity or adoption leave - pay rate
An Employee who commences a subsequent period of
maternity or adoption leave for another child within 24 months of commencing an
initial period of maternity or adoption leave will be paid:
(a) at the rate
(full time or part time) they were paid before commencing the initial leave if
they have not returned to work; or
(b) at a rate
based on the hours worked before the initial leave was taken, where the
Employee has returned to work and reduced their hours during the 24 month
period; or
(c) at a rate based on the hours worked prior to the subsequent
period of leave where the Employee has not reduced their hours.
19.11 Alternative Duties
If, for any reason, a pregnant Employee is having difficulty
in performing her normal duties or there is a risk to her health or to that of
her unborn child, the Secretary, should, in consultation with the Employee,
take all reasonable measures to arrange for safer alternative duties. This may
include, but is not limited to greater flexibility in when and where duties are
carried out, a temporary change in duties, retraining, multi-skilling,
teleworking and job redesign.
19.12 Return to work
after Maternity, Adoption or Parental leave
(a) An Employee who
has taken leave in accordance with clause 19.6, 19.7 or 19.8 may make a request
to the Employer to:
(i) extend
the period of unpaid parental leave for a further continuous period of leave
not exceeding 24 months (on a full time
basis) or 36 months (on a part time basis);
(ii) return from a
period of full time parental leave on a part time basis until the child reaches
school age (Note: returning to work from parental leave on a part time basis
includes the option of returning to work on part time leave without pay);
to assist the Employee in
reconciling work and parental responsibilities.
(b) The Employer
shall consider a request under sub clause (a) 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.
(c) An Employee
has the right to his/her former position if she/he has taken leave in
accordance with 19.6, 19.7, 19.8 or 19.12(a)(i) or
part time work in accordance with 18.12(a)(ii) and she/he resumes duty
immediately after the approved leave or work on a part time basis.
(d) If the
position occupied by the Employee immediately prior to the taking of leave in
accordance with clause 19.6, 19.7, 19.8 or 19.12 (a) has ceased to exist, but
there are other positions available that the Employee is qualified for and is
capable of performing, the Employee shall be appointed to a position of the
same grade and classification as the Employee's former position.
19.13 Military Leave
(a) During the
period of 12 months commencing on 1 July each year, the Employer shall grant to
an Employee who is a volunteer part-time member of the Defence Forces, military
leave on full pay to undertake compulsory annual training and to attend
schools, classes or courses of instruction or compulsory parades conducted by
the Employee’s unit.
(b) Up to 24
working days military leave per financial year shall be granted by the Employer
to members of the Naval and Military Reserves and up to 28 working days per
financial year to members of the Air Force Reserve for the activities specified
in subclause 19.13(a) of this clause.
(c) At the
expiration of any period of military leave, the Employee shall furnish to the
Employer a certificate of attendance and details of the Employee’s reservist pay
signed by the commanding officer or other responsible officer.
19.14 Purchased Leave
(a) An Employee
may apply to enter into a Purchased Leave Agreement with the Employer to
purchase either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12
month period.
(b) Each
application will be considered subject to operational requirements and personal
needs and will take into account business needs and work demands.
(c) The leave must
be taken in the 12 month period specified in the Purchased Leave Agreement and
will not attract any leave loading.
(d) The leave will
count as service for all purposes.
(e) The purchased
leave will be funded through the reduction in the Employee's ordinary rate of
pay for the 12 month period of the Purchased Leave Agreement.
(f) The reduced
rate of pay for the period of the Purchased Leave Agreement (purchased leave
rate of pay) will be the Employee's ordinary annual salary rate less the number
of weeks of purchased leave multiplied by the employee's ordinary weekly rate
of pay, annualised at a pro rata rate over the 12 month period.
(g) Purchased
leave is subject to the following provisions:
(i) The
purchased leave cannot be accrued and the dollar value of unused leave will be
refunded where it has not been taken in the 12 month Purchased Leave Agreement
period.
(ii) All other
leave taken during the 12 month Purchased Leave Agreement period i.e. including
sick leave, annual leave, extended leave or leave in lieu, will be paid at the
purchased leave rate of pay.
(iii) Sick leave
cannot be taken during a time when purchased leave is being taken.
(iv) The
purchased leave rate of pay will be the salary for all purposes including
superannuation and shift loadings.
(v) Overtime and
salary related allowances not paid during periods of annual leave will be
calculated using the Employee's hourly rate based on the ordinary rate of pay.
(vi) A
higher duties payment will not be paid when purchased leave is being taken.
(h) Specific conditions
governing purchased leave may be amended from time to time by the Secretary in
consultation with the Union parties.
19.15 Leave Without Pay
Where an Employee is granted LWOP, which, when
aggregated, does not exceed 5 working days in a period of twelve (12) months,
such leave shall count as service for incremental progression and accrual of
annual leave.
19.16 Observance of
Essential Religious and Cultural Obligations
Provided adequate notice as to the need for the leave
is given by the Employee to the Employer and it is operationally convenient to
release the Employee from duty, an Employee of:
(a) any religious faith who seeks leave for the purpose of
observing essential religious obligations of that faith; or
(b) any ethnic or cultural background who seeks leave for the
purpose of observing any essential cultural obligations,
will be granted
annual/extended leave, flex leave or LWOP to observe the obligations.
19.17 Study Leave
without pay
Where an Employee is on study leave without pay and
financial assistance is approved by the Employer for all or part of a study
leave period, the period shall count as service for all purposes in the same
proportion as the quantum of financial assistance bears to full salary of the
Employee.
19.18 Special Leave
Employees will be granted special leave where they make
an application and meet the requirements specified in this clause. Payment for
special leave is at the ordinary rate of pay, exclusive of allowances, penalty
rates or overtime.
(a) Jury Duty
(i) An
Employee shall, as soon as possible, notify the Employer of the details of any
jury summons served on the Employee.
(ii) An Employee
who, during any period when required to be on duty, attends a court in answer to
a jury summons will continue to be paid their ordinary rate of pay. This
payment will be reimbursed to the Employer if upon return to duty after
discharge from jury service, an Employee does not furnish to the Employer a
certificate of attendance issued by the Sheriff or by the Registrar of the
court giving particulars of attendance by the Employee during any such period
and the details of any payment or payments made to the Employee under the Jury
Act 1977 in respect of any such period.
(iii) An Employee
must on receipt of any payment or payments made to the Employee under the Jury
Act 1977 in respect of the period of jury duty (except for out of pocket
expenses) pay that amount to the Employer.
(b) Witness at
Court - Official Capacity - When an Employee is subpoenaed or called as a
witness in an official capacity, the Employee shall be
regarded as being on duty. Salary and any expenses properly and reasonably
incurred by the Employee in connection with the Employee's appearance at court
as a witness in an official capacity shall be paid by the Employer.
(c) Witness
at Court - Crown Witness
(i) An
Employee who is subpoenaed or called as a witness by the Crown (Commonwealth or
State) will be granted special leave for the time they attend Court, provided
the Employee provides proof of allowable fees and out of pocket expenses
associated with the court attendance when submitting their leave application.
If the Employee chooses to retain the fees paid, leave such as LWOP, flex leave
or annual leave must be taken.
(ii) A staff
member subpoenaed or called as a witness in a private capacity other than by
the Crown (Commonwealth or State) is not eligible for special leave and must
apply for other forms of leave such as LWOP, flex leave or annual leave.
(d) NAIDOC Day -
Aboriginal and Torres Strait Islander Employees shall be granted up to one day
special leave per year to observe National Aboriginal and Islander Day of
Commemoration celebrations. Leave can be taken at any time during NAIDOC week,
or in the weeks leading up to and after NAIDOC week, provided the Employee
provides their supervisor with reasonable notice.
(e) Special Leave
- Citizenship - Employees are granted Special Leave including travelling time
to attend their Australian Citizenship Ceremony.
(f) Domestic
Violence - When the leave entitlements referred to in clause 19.19 (Leave for
Matters Arising from Domestic Violence) have been exhausted, the Employer shall
grant up to seven days per calendar year to be used for absences from the workplace
to attend to matters arising from Domestic Violence situations. Documentation
proving the occurrence of domestic violence is required and may be issued by
the Police Force, a Court, a Doctor, a Domestic Violence Support Service or
Lawyer.
(g) Blood Donation
- Special leave, including travelling time, is granted to Employees who do not
require a relief, to donate blood. Employees are expected to attend the
donation point nearest to their work location.
(h) Bone Marrow -
Employees who are listed in the Australian Bone Marrow Donor Registry and are
called on to donate are granted up to 5 days Special Leave per occasion to
donate bone marrow, subject to the production of a medical certificate from a
registered medical practitioner.
(i) Electoral
Returning Officer - Employees appointed as Returning Officers by the State
Electoral Office and who provide proof of such appointment, are eligible for:
(i) up to 4 weeks Special Leave before the
polling day or date of writ, and up to 3 weeks after polling day if required by
the Electoral Commissioner;
(ii) 1 day of
Special Leave to attend a returning officer's election seminar;
(iii) up to 3 days Special Leave to attend an election training
course.
(j) Sport - Employees
are eligible for Special Leave of up to 4 weeks to compete in or officiate at
the Olympic, Paralympic or Commonwealth Games.
(k) Retirement
Seminar - Employees approaching retirement are entitled to 2 days' Special
Leave to attend retirement planning seminars conducted by the State Authorities
Superannuation Board.
(l) Emergency
Services
(i) Employees
may be granted leave to attend emergencies declared in accordance with the
relevant legislation or announced by the Governor. Employees must notify their
managers of the request for State Emergency leave as soon as possible supported
by evidence in writing of the emergency.
(ii) For any other
emergency other than a declared emergency, Employees are entitled to a maximum
of 5 days Special Leave per year. Proof of attendance at the emergency is
required.
(iii) Where an
Employee is required to attend a course approved by the Rural Fire Service, the
Employee will be granted up to 10 days Special Leave per year, subject to
operational convenience. Proof of course attendance is required.
(iv) Where
an Employee is required to attend a course required by the State Emergency
Services (SES), the Employee will be granted Special Leave for the duration of
the course, provided the SES advises the Employer that the staff member is
required to attend.
(v) Employees are
entitled to take an additional 1 day of Special Leave for rest per incident
when they attend a declared emergency for several days as an SES or RFS
volunteer.
(vi) Employees
who are Police volunteers are eligible for Special Leave to attend up to 2
training programs per year - 3 days per program. Leave is inclusive of all
travel time and attendance per program at Goulburn Police Academy.
19.19 Leave for Matters
Arising from Domestic Violence
(a) Leave
entitlements provided for in subclauses 19.2 (Sick Leave) and 19.3 (Carer's
Leave) and 19.4 (Family and Community Service Leave), may be used by Employees
experiencing Domestic Violence.
(b) Where the
leave entitlements referred to in paragraph (a) above are exhausted, the
Employer shall grant Special Leave as per clause 19.18 (f).
(c) 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.
(d) Personal
information concerning Domestic Violence will be kept confidential by the
Employer.
(e) The Employer,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements, including changes to working time and changes to work
location, telephone number and email address.
20. Public
Holidays
20.1 Employees are
entitled, without loss of pay, to the following standard public holidays:
(a) New Year’s
Day;
(b) Australia Day;
(c) Good Friday;
(d) Easter
Saturday;
(e) Easter Sunday;
(f) Easter Monday;
(g) Anzac Day;
(h) Sovereign's
Birthday;
(i) Labour
Day;
(j) Christmas
Day;
(k) Boxing Day;
(l) and
an additional day between Boxing Day and New Year's Day,
and such other Local Holiday,
public holiday/s or substitute day as ordered by the government from time to
time.
20.2 Employees directed
to work on public holidays are to be paid, excluding for overtime:
(a) a loading of 150% of the ordinary hourly base rate of pay
for any time worked on such holiday; and
(b) an additional day’s pay at ordinary rates.
20.3 Where Employees
are not required to work on a public holiday and where the holiday is due they
shall receive payment of the monetary value of the day.
20.4 Employees are
not entitled to a public holiday where it occurs under the following
circumstances:
(a) During
approved leave of absence without pay exceeding one (1) month.
(b) When an
Employee covered by Part B is rostered to work and is absent without leave.
(c) When an
Employee is on strike or is suspended without pay.
20.5 Public holidays
occurring during the taking of annual leave shall be treated as additional to
the quantum of annual leave being taken.
20.6 An Employee
required to work on a Local Holiday will be granted time off in lieu on an hour
for hour basis for the time worked on the Local Holiday.
20.7 If a Local
Holiday falls during the period of an Employee's absence on leave, the Employee
is not entitled to the holiday.
21. Transfer
Allowances
21.1 General
Where an Employee has been appointed, transferred at
the initiative of the Employer or redeployed in to a position that necessitates
the Employee relocating their home they will be reimbursed for all reasonable
costs of moving in accordance with this clause. An Employee will be reimbursed
as these expenses are incurred.
21.2 Pre Location
Visit
(a) The Employer
will reimburse reasonable costs associated with a pre-location visit based on
the provision of receipts.
(b) These costs
include a maximum of three nights’ accommodation, excluding travel time, hire
car expenses if incurred, and all meals according to Schedule B. If the
Employee does not accept the relocation the Employee will not be reimbursed for
these costs. The visits are treated as on duty for that portion of the visit
approved by the Employer. Claims for excess travel time, overtime or any other
like payment will not be considered. In most cases travel will be by train
unless the Employee cannot comfortably reach the destination in one day.
21.3 Removal Costs
The Employer will reimburse the costs of moving the
Employee's personal effects to the new location. Reimbursement will be subject
to the presentation of three quotes. The Employee will be entitled to move
their household furniture and effects and generally includes a household’s
normal contents and outdoor equipment such as play equipment, garden tools,
portable Barbeque and small garden shed. The Employee's manager may approve the
removal of certain additional items over and above normal removal entitlements,
subject to the supply of all receipts.
21.4 Storage
The Employer will arrange and pay for the storage of
household goods and effects until the Employee finds suitable accommodation
i.e. the Employee moves in to their new home. Subject to the relevant approval
the Employer will reimburse the storage costs of certain effects for up to one
year.
21.5 Travel To New Location
It is expected that an Employee who owns a motor
vehicle will drive the motor vehicle to the new location except as otherwise
approved by the Employer. Where the Employee owns a second motor vehicle it is expected
that another family member will drive the second vehicle to the new location.
In both instances the Employer will meet the costs associated with the driving
of the motor vehicle. The Employer will meet all reasonable accommodation and
meal costs incurred en-route to the new location.
21.6 Temporary
Accommodation
If the Employee is required to move out of their
current home before they are due to leave for the new position the Employer will
arrange temporary accommodation for the Employee and their immediate family for
a period of no more than seven days prior to travel to the new location. Any
extension will be subject to managerial approval and only in exceptional and
unavoidable circumstances. The Employer will assist in the cost of short term
accommodation at the new location for up to 14 days after arrival at the new
location or until suitable permanent accommodation becomes available i.e. to a
maximum of six weeks. Any extension will be subject to managerial approval and
is limited to a period of 14 days.
21.7 Resettlement
Leave
The Employee will be entitled, subject to operational
requirements, up to a maximum of five days paid leave to pack, unpack and
oversee the transfer of their belongings, if necessary. Travel to the new
location is regarded as on duty.
21.8 Permanent
Accommodation
(a) Home Rental
(Bond)
If an Employee was renting their home at the old
location they will be eligible for costs associated with breaking the current
lease and advance on the bond for a rental property at the new location, which
is to be repaid, either in a lump sum payment or deducted from the Employee's
pay over a six month period.
(b) Home owner
(i) If
an Employee owns a home in the old location they will be eligible to receive
assistance in the cost of selling that home, the cost of purchasing a home in
the new location in order to receive sale and purchasing assistance. Employees
must sell their current property and purchase a new property at the new
location within 12 months of the move.
(ii) The following
sales costs will be reimbursed:
(A) selling agent’s commission, except for an unsuccessful
auction;
(B) marketing costs;
(C) solicitor/conveyancer costs and disbursements;
(D) mortgage discharge or penalty exit fees up to a maximum of
six months interest;
(E) if a solicitor/conveyancer is not
engaged, the actual costs incurred with the sale of the dwelling; and
(F) if a selling agent is not engaged, expenses incurred in
advertising up to a maximum of 10% of the Commission that would otherwise have
been payable.
(iii) The following
purchase costs will be reimbursed:
(A) solicitors’/conveyancer
professional costs and disbursements;
(B) valuation fees and stamp duty;
(C) if a solicitor/conveyancer is not
engaged, expenses incurred in connection with settlement expenses;
(D) mortgage setup fees; and
(E) expenses incurred in relation to housing loan insurance,
building inspection and pest inspection.
(c) Costs are to
be paid by the Employee and subject to reimbursement on the production of
sufficient receipts/evidence. As some of the above benefits are subject to
fringe benefits tax they will be reported on the Employee’s group certificate.
22. Overtime
22.1 General
(a) An Employee
may be directed by the Employer to work overtime, provided it is reasonable for
the Employee to be required to do so. An Employee may refuse to work overtime
in circumstances where the working of such overtime would result in the
Employee working unreasonable hours. In determining what is unreasonable, the
following factors shall be taken into account:
(i) The
Employee’s prior commitments outside the workplace, particularly the Employee’s
family and carer responsibilities, community obligations or study arrangements;
(ii) Any risk to
the Employee’s health and safety;
(iii) The urgency
of the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services;
(iv) The
notice (if any) given by the Employer regarding the working of the overtime,
and by the Employee of their intention to refuse overtime; or
(v) Any other
relevant matter.
(b) Payment for overtime
shall be made only where the Employee works directed overtime.
(c) Any hours
directed to be worked outside the Employee’s ordinary hours of duty, if working
standard hours, or outside the bandwidth, if working under a flexible working hours scheme, shall be overtime and managed in accordance
with the overtime provisions of the Award.
(d) A manager may
request an employee who works flexible working hours to work overtime where
they want an employee to work more than 8 ordinary hours (excluding breaks) in
any one day. Where an employee agrees to the request, such hours shall be paid
as overtime.
(e) For Employees
working under a flexible working hours scheme:
(i) Where
overtime is worked prior to the bandwidth and is continuous with ordinary hours,
such overtime shall continue to 7.30am, after which time flex hours shall
accrue.
(ii) Where
overtime is worked after the bandwidth and is continuous with ordinary hours,
such overtime shall commence at 6pm, at which time flex hours shall cease to accrue.
(f) If an Employee
is compensated for overtime through any other arrangement, the Employee is not
entitled to the provisions in this clause.
22.2 Calculation of
Overtime
(a) Unless a
minimum payment in terms of subclause 22.3 (Overtime Rates) applies, overtime
shall not be paid if the total period of overtime worked is less than a quarter
of an hour.
(b) The formula
for the calculation of overtime at ordinary rates for Employees employed on a
five (5) day basis shall be:
|
Annual Salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.89
|
|
No of ordinary
hours of work per week
|
(c) To determine
time and one half, double time or double time and one half, the hourly rate at
ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated to
the nearest cent.
(d) Overtime is
not payable for time spent travelling.
22.3 Overtime Rates
(a) The provisions
of this clause shall not apply to shift workers as defined in clause 2.1
Definitions of this Award.
(b) Rates -
Overtime shall be paid at the following rates:
(i) Weekdays
(Monday to Friday inclusive) - at the rate of time and one-half for the first
two hours and at the rate of double time thereafter.
(ii) Saturday -
All overtime worked on a Saturday at the rate of time and one-half for the
first two hours and at the rate of double time thereafter.
(iii) Sundays - All
overtime worked on a Sunday at the rate of double time.
(iv) Public
Holidays - All overtime worked on a public holiday at the rate of double time
and one half.
(c) If an Employee
is absent from duty on any working day during any week in which overtime has
been worked, the time so lost may be deducted from the total amount of overtime
worked during the week, unless the Employee has been granted leave of absence
or the absence has been caused by circumstances beyond the Employee’s control.
(d) An Employee
who works overtime on a Saturday, Sunday or public holiday,
shall be paid a minimum payment as for three (3) hours work at the appropriate
rate.
(e) Rest Periods:
(i) An
Employee who works overtime shall be entitled to be absent until eight (8)
consecutive hours have elapsed.
(ii) Where an
Employee, at the direction of the supervisor, resumes or continues work without
having had eight (8) consecutive hours off duty then the Employee shall be paid
at the appropriate overtime rate until released from duty for eight hours. The
Employee will then be entitled to eight (8) consecutive hours off duty and
shall be paid for the ordinary working time occurring during the absence.
22.4 Recall to Duty
(a) An Employee recalled to work overtime
after leaving the Employer’s premises shall be paid for a minimum of three (3)
hours work at the appropriate overtime rates.
(b) The Employee shall not be required to
work the full three (3) hours if the job can be completed within a shorter
period.
(c) When an Employee returns to the place of
work on a number of occasions in the same day and the first or subsequent
minimum pay period overlaps into the next call-out period, payment shall be
calculated from the commencement of the first recall until either the end of
duty or three (3) hours from the commencement of the last recall, whichever is
the greater. Such time shall be calculated as one continuous period.
(d) When an Employee returns to the place of
work on a second or subsequent occasion and a period of three (3) hours has
elapsed since the Employee was last recalled, overtime shall only be paid for
the actual time worked in the first and subsequent periods with the minimum
payment provision only being applied to the last recall on the day.
(e) A recall to duty commences when the
Employee starts work and terminates when the work is completed. A recall to
duty does not include time spent travelling to and from the place at which work
is to be undertaken.
(f) An Employee recalled to duty within
three (3) hours of the commencement of usual hours of duty shall be paid at the
appropriate overtime rate from the time of recall to the time of commencement
of such normal work.
(g) This clause shall not apply in cases
where it is customary for an Employee to return to the Employer’s premises to
perform a specific job outside the Employee’s ordinary hours of duty, or where
overtime is continuous with the completion or commencement of ordinary hours of
duty. Overtime worked in these circumstances shall not attract the minimum
payment of three (3) hours unless the actual time worked is three (3) or more
hours.
22.5 On-Call (Stand-By) and On-Call Allowance
(a) When required to be on call, an Employee
shall be:
(i) paid an allowance as set out in Item 1 of Schedule B per
rostered day or shift, and the amount as set out at Item 2 of Schedule B for a
non-rostered day or shift.
(ii) available outside of ordinary working hours;
(iii) able to be contacted immediately;
(iv) respond to an emergency/breakdown situation in a reasonable
time agreed with the Employer; and
(v) in a fit state, free of alcohol or drugs, in accordance with
the Transport for NSW Drug and Alcohol Policy, as amended from time to time.
(b) If an Employee who is on call is called
out by the Employer, the overtime provisions as set out in clause 22.3 -
Overtime Rates shall apply to the time worked;
(c) Where work problems are resolved without
travel to the place of work whether on a weekday, weekend or public holiday,
work performed shall be compensated at ordinary time for the time actually
worked, calculated to the next 15 minutes.
22.6 Overtime Meal Breaks
(a) Employees not working flexible hours -
An Employee required to work overtime on weekdays for an hour and a half or
more after the Employee’s ordinary hours of duty on weekdays, shall be allowed
30 minutes for a meal and thereafter, 30 minutes for a meal after every five
hours of overtime worked.
(b) Employees working flexible hours - An
Employee required to work overtime on weekdays beyond 6.00 pm and until or
beyond eight and a half hours after commencing duty plus the time taken for
lunch, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a
meal after every five hours of overtime worked.
(c) Employees generally - An Employee
required to work overtime on a Saturday, Sunday or Public Holiday, shall be
allowed 30 minutes for a meal after every five hours of overtime worked. An
Employee who is unable to take a meal break and who works for more than five
hours shall be given a meal break at the earliest opportunity.
22.7 Overtime Meal
Allowances
(a) Employees required to work overtime for an
hour and a half or more immediately after their finishing time, without being
given 24 hours notice beforehand of the requirement
to work overtime, will either be supplied with a meal by the Employer, or be
paid the amount as set out at Item 3 of Schedule B for the first and for each
subsequent meal occurring every 4 hours thereafter. If not required to work
overtime, after having been so notified, payment will still be made for the
meals.
(b) Where the allowance payable under
paragraph (a) above is insufficient to reimburse the Employee the cost of a
meal, properly and reasonably incurred, the Employer shall approve payment of
actual expenses incurred by the Employee.
22.8 Rate of Payment for Overtime
An
Employee whose salary, or salary and allowance in the nature of salary, exceeds
the maximum rate for Transport Service Grade 8, as varied from time to time,
shall be paid for working directed overtime at the maximum rate for Transport
Service Grade 8 plus $1.00 per annum, unless the Employer approves payment for
directed overtime at the Employee’s salary or, where applicable, salary and
allowance in the nature of salary.
22.9 Payment for Overtime or Leave in Lieu
The
Employer shall grant compensation for directed overtime worked either by
payment at the appropriate rate or, if the Employee so elects, by the grant of
leave in lieu at the overtime rate in accordance with clause 22.3(b). This
leave shall be taken within three months of the overtime worked subject to
organisational convenience except where it is being used to look after a sick
Family Member. The leave shall be taken in multiples of a quarter of a day. If
leave in lieu is not taken within three months the overtime will be paid and
the leave in lieu cancelled.
22.10 Special Projects
(a) The Employer
may determine that in order to achieve the most efficient and effective service
for a special project, that it is necessary for staff who work flexitime hours
in accordance with clause 17, Flexible Working Hours, to suspend those
arrangements and in lieu work special overtime arrangements under a special
project approved by the Employer.
(b) In the event
that the Employer makes a determination in accordance with sub clause 22.10(a),
the Employee will be paid overtime for all hours worked in excess of 7 hours on
any one day, at the rates contained in Clause 22.3, regardless of whether the
work is undertaken within the standard flex time bandwidth for the duration of
the project.
23. Travelling
Expenses
23.1 The Employee is to obtain an authorisation
for all official travel prior to incurring any travel expense. All
expenses authorised in writing will be paid by the Employer including, where
applicable, the allowances in Clause 23.2.
23.2 Expenses (General)
(a) The Employer will apply the rates as
published from time to time by the NSW Treasury (NSW Industrial Relations)
circulars
(b) , and shown at Items 4 - 11 of Schedule
B, for the following allowances:
(i) travel allowances (involving overnight stay);
(ii) meal allowances (not requiring overnight accommodation);
(iii) rates for use of private motor vehicles.
(b) Payment of any
actual expenses shall be subject to the production of receipts, unless the
Employer is prepared to accept other evidence from the Employee.
23.3 Meal Allowances
- Journeys not requiring Overnight Accommodation
(a) Eligibility
A meal allowance will be paid for travel on official
business only when:
(i) the Employee returns to their residence or headquarters on
the same day;
(ii) has
the meal away from their residence or headquarters;
(iii) the Employee incurs expenditure in obtaining the meal; and
(iv) a break from work or travel of 30 minutes is taken to have
the meal.
(b) Provided that:
(i) Breakfast
- the travel must have started before 6.00 am and at least one hour before the
Employee’s normal starting time.
(ii) Lunch - a
lunch meal allowance will only be paid when the Employee is required to travel
a total distance on the day of at least 100 kilometres, and as a result, the meal
is taken at a distance of at least 50 kilometres from the Employee’s normal
headquarters at the time of taking the normal lunch break.
(iii) Employees,
whose position requires them to undertake work in the
field and are regularly required to take lunch away from their nominated
headquarters, are not entitled to a lunch allowance.
(iv) Dinner
- An evening meal allowance will only be paid when the meal is eaten after 6.30
pm.
23.4 Travel Allowance
(a) An Employee who is required by the
Employer to work from a temporary work location shall be paid the appropriate
rate of allowance for accommodation, meal expenses (if not provided by the
Employer) and incidental expenses as published from time to time by the
NSW Treasury (NSW Industrial Relations) circulars and as set out in Items 7 and
8 of Schedule B.
(b) The Employer shall determine whether the
Employee is to obtain overnight accommodation, taking into consideration the
Employee's safety and whether the Employee is finishing work late or commencing
work early.
(c) As an alternative to these provisions,
the Employer could make other arrangements by agreement with the Employee to
meet the travelling expenses properly and reasonably incurred by an Employee
who is required to work at a temporary work location.
(d) This clause does not apply to Employees
who are on an Employee-initiated secondment.
(e) When an
Employee working from a temporary work location takes overnight accommodation,
the Employee shall be entitled to claim the reimbursement of any expenses
(including meal expenses) properly and reasonably incurred during the time
spent at the temporary work location in excess of the allowance in paragraph
(a) above.
23.5 Restrictions on Payment of Travel
Allowances
(a) An allowance
under clause 23.4 is not payable in respect of:
(i) Any
period during which the Employee is at their residence at weekends or public
holidays;
(ii) Any period of
leave; or
(iii) Any other
period during which the Employee is absent from the Employee's temporary work location
otherwise than on official duty.
(b) An Employee
shall be entitled to an allowance under this clause, in the following
circumstances:
(i) When
granted special leave to return to their residence at a weekend, for the
necessary period of travel for the journey from the temporary work location to
the Employee's residence; and for the return journey from the Employee's
residence to the temporary work location; or
(ii) When leaving
a temporary work location on ceasing to perform duty at or from a temporary
work location, for the necessary period of travel to return to the Employee's
residence or to take up duty at another temporary work location;
but is not entitled to any
other allowance in respect of the same period.
23.6 Compensatory
Travel Leave/Payment
(a) Employees are
entitled to be paid ordinary-time payment or, if requested by the Employee and
agreed by the Employer, compensatory leave, when directed to travel (outside
normal working hours) on or in connection with official business in the
following circumstances:
(i) Where
travel is on a non-working day for time spent in travelling after 7.30 am;
(ii) Where travel
is on a working day for time spent in travelling before their normal commencing
time or after their normal ceasing time, subject to the following conditions:
(A) the time normally taken for the periodic journey from home
to headquarters and return is deducted from Employees’ travelling time (except
on a non-working day);
(B) periods of less than a quarter of an hour on any day shall
be disregarded;
(C) travelling time shall not include any period of travel
between 11.00 pm on any one day and 7.30am on the following day where Employees
have travelled overnight and accommodation has been provided for them;
(D) travelling time shall be calculated by reference to the time
that might reasonably have been taken by the use of the most practical and
economic means of transport;
(E) travelling time shall not include time spent in travelling
on permanent transfer where the transfer involves promotion which carries
increased salary or where the transfer is for disciplinary reasons or where the
transfer is made at the Employee’s request; or by ship on which meals and
accommodation are provided.
(b) Where
Employees qualify for travel allowance or compensatory leave or ordinary time
payment for official travel they shall be entitled to have any necessary
waiting time treated as travelling time subject to the following condition:
(i) Where
overnight accommodation is provided at a centre, any time from the completion
of arrival at the centre until departure for home or headquarters or another
centre shall not count as travelling time except:
(A) where duty is performed on the day of such departure, any
necessary waiting time from completion of such duty until departure shall be
counted; and
(B) where no duty is performed on that day of such departure,
necessary waiting time after the Employee’s normal commencing time until such
departure shall be counted.
(c) Payment for
travelling time and waiting time shall be at the Employee’s ordinary rate of
pay on an hourly basis calculated as follows:
|
Annual salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.89
|
|
Normal hours of
work
|
The rate of payment for travelling or waiting time on a
non-working day shall be the same as that applying to a working day.
(d) Employees that
are in receipt of a salary in excess of the rate applicable to the maximum rate
for Transport Service Grade 8, plus $1.00 per annum shall be paid travelling
time calculated at the maximum rate for Transport Service Grade 8, plus $1.00
per annum, as adjusted from time to time.
(e) An Employee
who receives an allowance for travel outside normal hours or whose salary
includes compensation for travel outside normal hours shall not be entitled to
compensatory leave or ordinary time payment for excess travelling and waiting
time.
(f) When an
Employee stops on a journey to take a meal, the time spent in taking the meal does
not count for travelling compensation.
(g) The maximum
amount of compensatory leave or ordinary time payment which shall be granted in
any period of 24 consecutive hours is 8 hours.
23.7 Private Motor Vehicle Allowance
Where the Employer authorises an Employee
to use their private motor vehicle for work the Employee shall be paid an
allowance at the appropriate rate at Item 9, 10 or 11 of Schedule B, subject to
the Employee bearing the cost of:
(a) ordinary daily travel by private motor
vehicle between the Employee’s residence and normal work location, and
(b) any distance
travelled in a private capacity.
23.8 Damage
to Private Motor Vehicle Used for Work
(a) Where an Employee is authorised to use
their private vehicle for work and it is damaged while being used, any normal
excess insurance charges prescribed by the insurer which are incurred shall be
reimbursed by the Employer, provided:
(i) the damage is
not due to gross negligence by the Employee; and
(ii) the charges
claimed by the Employee are not the charges prescribed by the insurer as
punitive excess charges.
(b) Provided the damage is not the fault of
the Employee, the Employer shall reimburse to an Employee the costs of repairs
to a broken windscreen, if the Employee can demonstrates
that:
(i) the damage was
sustained on approved work activities; and
(ii) the costs
cannot be met under the insurance policy due to the normal excess clauses.
24. Remote Locations Living Allowance
24.1 An Employee shall be paid an allowance for the
increased cost of living and the climatic conditions in a remote area, if:
(a) Indefinitely stationed and living in a
remote area as defined in subclause 24.2 of this clause; or
(b) Not indefinitely stationed in a remote
area but because of the difficulty in obtaining suitable accommodation
compelled to live in a remote area as defined in subclause 24.2 of this clause.
24.2 Grade of appropriate allowance payable
under this clause shall be determined as follows:
(a) Grade A allowances - the rate shown as
Grade A in Item 14 of Schedule B in respect of all locations in an area of the
State situated on or to the west of a line starting from the right bank of the
Murray River opposite Swan Hill and then passing through the following towns or
localities in the following order, namely: Conargo, Coleambally, Hay, Rankins Springs, Marsden, Condobolin, Peak Hill, Nevertire,
Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford and Bonshaw, and
includes a place situated in any such town or locality, except as specified in
paragraphs 24.2(b) and 24.2(c) of this subclause;
(b) Grade B allowances - the rate shown as
Grade B in Item 14 of Schedule B in respect of the towns and localities of Angledool, Barringun, Bourke, Brewarrina, Clare, Enngonia,
Goodooga, Ivanhoe, Lake Mungo, Lightning Ridge, Louth, Mungindi, Pooncarie,
Redbank, Walgett, Wanaaring, Weilmoringle, White Cliffs, Wilcannia and
Willandra;
(c) Grade C allowances - the rate shown as
Item 14 of Schedule B in respect of the localities of Fort Grey, Mutawintji, Mount Wood, Nocoleche,
Olive Downs, Tibooburra and Yathong.
24.3 The dependant rate for each grade is
payable where the Employee has a dependant as defined and the Employee's
dependant(s) resides within the area that attracts the remote area allowance
and the Employee's spouse, if also employed in the Public Sector, is not in
receipt of an allowance under this clause, unless each spouse resides at a
separate location within the remote area.
24.4 For
the purposes of this clause dependant is defined as:
(a) the spouse of the Employee (including a de facto spouse);
(b) each child of the Employee aged eighteen years or under;
(c) each
son and daughter of the Employee aged more than eighteen years but less than
twenty six years who remains a student in full time education or training at a
recognised educational institution, or who is an apprentice; and
(d) any other person who is part of the Employee's household and
who is, in the opinion of the Employer, substantially financially dependent on
the Employee.
24.5 Where
Employees are in receipt of the remote location living allowance provided for
in Sub Clause 24.1 and work temporarily outside the areas listed in Sub Clause 24.2,
payment of this allowance shall continue unless this temporary work is at the
Employee’s own request.
24.6 Assistance
to Employees Stationed in a Remote Area when travelling on Annual Leave:
(a) An
Employee who:
(i) is indefinitely stationed in a remote
area of the State of New South Wales situated to the west of the 144th meridian
of longitude or such other area to the west of the 145th meridian of longitude
as determined by the Department of Premier and Cabinet; and
(ii) Proceeds on annual leave to any place
which is at least 480 kilometres by the nearest practicable route from the
Employee’s work location in that area,
shall
be paid an allowance once in any period of 12 months at the appropriate rate
shown in Item 15 of Schedule B for the additional costs of travel. The use of
the word dependant in Schedule B has the same meaning as in subclause 24.4.
(b) Allowances
under this sub clause do not apply to Employees who have less than three years service and who, at the date of engagement, were resident
in the defined area.
24.7 An
Employee who is a volunteer part-time member of the Defence Forces and receives
the remote area allowance at the dependant rate may continue to receive the
allowance at the normal rate for the duration of the military leave provided
that:
(a) the Employee continues in employment; and
(b) the dependants continue to reside in the area specified; and
(c) military pay does not exceed the Employee's salary plus the
remote locations living allowance.
If the military salary exceeds the
Employee's salary plus the allowance at the dependant rate, the allowance is to
be reduced to the non-dependant rate.
25. Higher Grade
25.1 Employees who are authorised by the
Employer to perform all the duties of a Higher Grade position for five or more
consecutive days, shall not be paid less than the
minimum salary of the higher graded position.
25.2 Where in any one period of higher duties of
five consecutive days or more the Employee does not perform the whole of the duties
of the higher graded position, the Employee will be paid a percentage as
determined by the Employer of the minimum salary of the higher graded position.
The Employer will advise the Employee of the percentage to be paid, and the
basis for its calculation.
26. Salary
Packaging
26.1 For the purposes
of this clause "salary" means the salary or rates of pay prescribed
by Schedule A of this award and/or any salary payable under an agreement made
under s 68D(2) of the Act any allowances paid to an Employee which form part of
the Employee’s salary for superannuation purposes.
26.2 An Employee may,
by agreement with the Employer, enter into a salary packaging arrangement
including salary sacrifice to superannuation where they may convert up to 100%
of their salary to other benefits.
26.3 Any pre-tax and
post-tax payroll deductions must be taken into account prior to determining the
amount of salary available to be packaged. Such payroll deductions may include
but are not limited to, compulsory superannuation payments, HELP payments,
child support payments, judgment debtor/garnishee orders, union fees, health
fund premiums.
26.4 The terms and
conditions of the salary packaging arrangement, including the duration as
agreed between the Employee and Employer, will be provided in a separate
written agreement, in accordance with the Employer’s salary packaging
guidelines. Such agreement must be made prior to the period of service to which
the earnings relate.
26.5 Salary packaging
must be cost neutral for the Employer. Employees must reimburse the Employer in
full for the amount of:
(a) any fringe benefits tax liability arising from a salary
packaging arrangement; and
(b) any administrative fees.
26.6 Where the
Employee makes an election to salary package the following payments made by the
Employer in relation to an Employee shall be calculated by reference to the
annual salary which the Employee would have been entitled to receive but for
the salary packaging arrangement:
(a) Superannuation
Guarantee Contributions;
(b) any salary-related payment including but not limited to
severance payments, allowances and workers compensation payments; and
(c) payments made in relation to accrued leave paid on
termination of the Employee’s employment or on the death of the Employee.
27. Work Health
and Safety
27.1 For the purposes
of this clause, the following definitions shall apply:
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.
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.
27.2 If the Employer
engages a labour hire business and/or a contract business to perform work
wholly or partially on the Employer’s premises the Employer shall do the
following (either directly, or through the agency of the labour hire or
contract business):
(a) consult with employees of the labour hire business and/or
contract business regarding the workplace
health and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
work health and safety induction training including the appropriate training
required for such employees to perform their jobs safely;
(c) 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
(d) 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.
27.3 Nothing in this
clause 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.
27.4 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.
PART B - CONDITIONS
COVERING SHIFTWORKERS IN THE TRANSPORT
MANAGEMENT CENTRE
28. TOCs and TIOs
28.1 This clause
applies to TOCs and TIOs. To the extent this clause conflicts with a clause in
Part A, this clause will prevail.
28.2 Hours of Work
(a) Ordinary Hours
The ordinary hours of work shall be 35 per week.
(b) Full Time
Employees
(i) Employees
shall be continuous shift workers.
(ii) Other than
Employees on probation, the ordinary hours of work shall be 70 hours worked
over a 2 week roster cycle. Employees shall be rostered to work shifts of 12
hours 10 minutes, including a 30 minute meal break and a 20 minute paid crib
break.
(iii) Employees on
probation may be rostered to work shifts of at least 7 hours and 30 minutes and
up to 12 hours and 10 minutes. Until an Employee on probation is rostered for
shifts of 12 hours 10 minutes on a permanent basis, they will be paid for any
hours worked in excess of 7 at overtime rates.
(iv) When rostered
for shifts of 12 hours 10 minutes full time Employees shall not be required to
work more than three consecutive days in any seven day period.
(c) Where
Employees are rostered to work shifts of 12 hours 10 minutes:
(i) They
shall be entitled to a rest break of at least 10 hours between the cessation of
an ordinary rostered shift and the commencement of the next rostered shift.
(ii) They shall
not be required to be on duty for more than 14 consecutive hours. After being
on duty for 14 consecutive hours Employees shall be given a rest break of at
least 4 consecutive hours. Where Employees are directed to resume work without
having a rest break of at least 10 consecutive hours, payment shall be at the
rate of double time, or double time and one half if on a public holiday until
they are released from duty for 10 consecutive hours. Any rostered working time
occurring during such absence shall be paid at the shift work rate in clause
28.3.
(iii) Where
Employees have not observed a rest break of at least 10 hours prior to the
commencement of the next ordinary shift, they shall be paid at the rate of
double time, or double time and one half if on a public holiday, calculated at
the ordinary salary rate until such time as Employees are released from duty
for 10 consecutive hours. Any rostered working time occurring during such
absence shall be paid at the shift work rate in clause 28.3.
(d) Part Time
Employees:
(i) A
Part-Time Employee shall be engaged to work agreed contract hours. Weekly
contract hours will be a minimum of 25 hours and fewer ordinary hours than the
ordinary hours worked by a Full-Time Employee.
(ii) The pattern
of contract hours to be worked will be agreed in writing and may only be varied
with the consent of the Employer and the Employee. The minimum contract hours
of work per day will be five hours, to be rostered on a morning and/or
afternoon Monday to Friday. The maximum ordinary hours of work per day will be
seven hours.
(iii) For time
worked in excess of the full-time hours of the classification payment shall be
made at the appropriate overtime rate in accordance with clause 28.4.
(e) Meal Breaks
Employees shall not work more than 5 hours from the
commencement of a shift without having a minimum 30 minutes meal break.
Employees rostered on shifts of 12 hours 10 minutes shall after a further 5
hours of work have a paid crib break of 20 minutes.
28.3 Shiftwork
(a) For the
purposes of this sub clause:
(i) ‘Early
morning shift’ shall mean those shifts commencing at or after 4.00am and before
6.00am.
(ii) ‘Day shift’
shall mean those shifts commencing at or after 6.00am and before 12 noon.
(iii) ‘Afternoon
shift’ shall mean those shifts commencing at or after 12 noon and before
4.00pm.
(iv) ‘Night shift’
shall mean those shifts commencing at or after 4.00pm and before 4.00am.
(b) Payment for
Shift Work
(i) Payment
for day shift shall be at the ordinary rate of pay,
(ii) Payment for
early morning shift (on Monday to Friday) shall be at the ordinary rate of pay
plus 10 per cent,
(iii) Payment for
afternoon shift (on Monday to Friday) shall be at the ordinary rate of pay plus
12 ½ per cent,
(iv) Payment
for night shift (on Monday to Friday) shall be at the ordinary rate of pay plus
15 per cent.
(v) Payment for all
ordinary time worked on a Saturday shall be at the rate of time and one half of
the ordinary rate of pay,
(vi) Payment
for all ordinary time worked on a Sunday shall be at the rate of double the
ordinary rate of pay,
(vii) Payment for all
ordinary time worked on a Public Holiday shall be at the rate of double and one
half of the ordinary rate of pay,
(viii) Employees
rostered off on a public holiday shall be credited with a day in lieu for each
such day.
(ix) In the case of
full-time Employees, the 17.5 per cent annual leave loading is to be calculated
on the basis of 17.5 per cent of five weeks ordinary salary.
(x) Shift workers
proceeding on annual leave are to be paid in respect of leave taken in any
period of 12 months commencing 1 December, shift premiums and penalty rates (or
other allowance paid on a regular basis in lieu thereof) they would have
received had they been on duty or the 17.5 per cent annual leave loading,
whichever is the more favourable.
(c) Additional
Annual Leave
Full time Employees shall be credited with an
additional 5 days recreational leave per annum. This leave shall accrue at the
rate of 5/12th of a day for each complete month that an Employee works.
(d) Shift Rosters
(i) Employees
shall be rostered to work shifts on a rotating basis as required by the
Employer.
(ii) Rosters will
be made available at least 30 calendar days in advance.
(iii) The Employer
will consult with affected Employee(s) regarding a change to a rostered shift.
(iv) Where
notice is given of a change in shift with less than 7 days
notice any shift so worked shall be paid at the rate of the previously
rostered shift provided it is greater.
28.4 Overtime Worked
by TOCs and TIOs
Payment of overtime shall be made at the following
rates:
(a) All time
worked in excess of 11 hours 40 minutes per shift or 70 hours per fortnightly
pay period between midnight Sunday and midnight Saturday, shall be paid at the
rate of time and one half for the first two hours and double time thereafter.
Each period of overtime shall stand alone.
(b) Any overtime
work carried out on Sundays shall be paid for at the rate of double time.
(c) Any overtime
work carried out on a public holiday shall be paid for at the rate of double
time and a half.
(d) An Employee
who works overtime on a rostered day, off Saturday or Sunday or on a public
holiday shall be paid a minimum payment for three hours work at the appropriate
overtime rates.
(e) An Employee
required to work a shift on a day on which they are not rostered and given less
than 24 hours notice in advance will be paid one meal
allowance in accordance with Schedule B Item 3.
(f) The formula
for the calculation of overtime at ordinary rates shall be:
|
Annual salary
|
x
|
7
|
x
|
1
|
|
1
|
|
365.25
|
|
No of ordinary
hours of work per week
|
Provided that:
(g) Employees
working overtime which extends beyond a period of one and one-half hours from their
normal finishing time shall, at the conclusion of one and one-half hours, have
a meal break and be paid a meal allowance in accordance with Schedule B Item 3.
Meal breaks shall be of 30 minutes duration and shall be paid for as time
worked.
28.5 Sick leave
(a) Sick leave on
full pay accrues day by day to an Employee at the rate of 9 days each calendar
year, and any such accrued leave, which is not taken, is cumulative.
(b) During the
first 4 months of employment, an Employee can access up to 3 days paid sick
leave even though that leave has not yet accrued.
29. TMC Shiftworkers other than TOCs and TIOs and Traffic
Commanders
29.1 This clause
applies to TMC Shiftworkers who are Transport
Spokespersons, Senior Transport Spokespersons, Senior Transport Information
Managers and Transport Liaison Managers. To the extent this clause conflicts
with a clause in Part A, this clause will prevail.
29.2 For the purpose
of this clause:
"Day shifts" shall be those shifts worked
between 7.00 am and 5.00 pm.
"Afternoon shifts" shall be those shifts
commencing at or after noon and before 3.00pm.
"Early morning shift" shall mean those shifts
commencing at or after 4.00am and before 7.00am.
29.3 Hours of Duty
shall be as follows:
(a) The ordinary hours
of work shall be 35 hours per week Monday to Friday in shifts of 7 hours 22
minutes over 19 days per 4 week period. A rostered day off
must not fall on a public holiday.
(b) No Employee
shall work more than five consecutive hours without a meal break of 30 minutes.
(c) An Employee is
entitled to a rest break of at least 8 hours between the cessation of an
ordinary rostered shift and the commencement of the next rostered shift.
(d) Where an
Employee has not observed a rest break of at least 8 hours prior to the
commencement of the next ordinary shift, they shall be paid at the rate of
double time, or double time and one half if on a public holiday, calculated at
the ordinary salary rate until such time as Employees are released from duty
for 10 consecutive hours. Any rostered working time occurring during such
absence shall be paid at the shift work rate in clause 29.4.
29.4 Payment for
Shift Work
(a) Payment for
day shift shall be at ordinary rates of pay.
(b) Payment for
early morning shift (on Monday to Friday) shall be at the ordinary rate of pay
plus 10 per cent.
(c) Payment for
afternoon shift (on Monday to Friday) shall be at the Employee's ordinary rate
of pay plus 12½ per cent.
29.5 Shift Rosters
(a) Employees
shall be rostered to work shifts as required by the Employer. Rotating shifts
shall rotate weekly commencing Monday.
(b) Rosters will
be made available at least 30 calendar days in advance.
(c) The Employer
will consult with affected Employee(s) regarding a change to a rostered shift.
(d) Where notice
is given of a change in shift with less than 7 days notice
any shift so worked shall be paid at the rate of the previously rostered shift
provided it is greater.
(e) An Employee on
rotating shifts shall not be rostered to work more than two weeks on afternoon
shift other than at their own request or by agreement between the Employee
concerned and the Employer. Should an Employee be required to work afternoon
shift for more than two consecutive working weeks (other than at their own
request or by agreement between the Employee concerned and the Employer) the
Employee shall be paid at the rate of time and one-half of the ordinary rate
for all ordinary time worked on afternoon shift in excess of two consecutive
weeks until the shifts are rotated.
29.6 Payment of
Overtime
Payment of overtime shall be made at the following
rates:
(a) Subject to
paragraph (e) of this subclause, all time worked in excess of 7 hours per day or
35 hours per week between midnight Sunday and midnight Saturday, shall be paid
for at the rate of time and one-half for the first two hours and double time
thereafter based on the Employee's ordinary rate of pay. For this purpose each
period of overtime shall stand alone.
(b) Any work
carried out on Sundays shall be paid for at the rate of double time.
(c) Any work
carried out on public holidays shall be paid for at the rate of double time and
one-half.
(d) An Employee
who works overtime on a rostered day off, Saturday or Sunday or on a public
holiday shall be paid a minimum payment for three hours work at the appropriate
rates.
Provided that:
(e) An Employee
shall not be required to be on duty for more than 14 consecutive hours. After
being on duty for 14 consecutive hours an Employee shall take a rest break of
at least four consecutive hours and where they are directed to resume without
having had a rest break of eight consecutive hours they shall be paid at the
rate of double ordinary time or double time and one half on a public holiday
until released from duty for eight consecutive hours. Any rostered working time
occurring during such absence shall be paid for at the appropriate shift work
rate.
(f) Employees
working overtime which extends beyond a period of one and one-half hours from
the normal finishing time of a shift shall, at the conclusion of such period of
one and one-half hours, be entitled to a meal break and to the meal allowance,
in accordance with Schedule B Item 3. Meal breaks taken during any period of
overtime which has been worked as an extension of an afternoon shift shall be
of 30 minutes duration and shall be paid for as time worked.
(g) An Employee
required to work a shift on a rostered day off shall be paid at overtime rates in
accordance with paragraph (a) of this subclause.
(h) Unless the
Employee concerned has been notified at least twenty-four hours in advance of
the requirement to work overtime, one meal allowance shall be paid for during
such shift in accordance with Schedule B Item 3.
30. Traffic
Commanders
30.1 This clause
applies to TMC Traffic Commanders. To the extent this clause conflicts with a
clause in Part A, this clause will prevail.
30.2 For the purpose
of this clause:
"Day shifts" shall be those shifts worked
between 7.00 am and 5.00 pm.
"Afternoon shifts" shall be those shifts
commencing at or after noon and before 3.00pm.
"Early morning shift" shall mean those shifts
commencing at or after 4.00am and before 7.00am.
30.3 Hours of Duty
shall be as follows:
(a) The ordinary
hours of work shall be 35 hours per week Monday to Friday in shifts of 7 hours.
(b) No Employee
shall work more than five consecutive hours without a meal break of 30 minutes.
(c) An Employee is
entitled to a rest break of at least 8 hours between the cessation of an
ordinary rostered shift and the commencement of the next rostered shift.
(d) Where an
Employee has not observed a rest break of at least 8 hours prior to the
commencement of the next ordinary shift, they shall be paid at the rate of
double time, or double time and one half if on a public holiday calculated at
the ordinary salary rate until such time as Employees are released from duty
for 10 consecutive hours. Any rostered working time occurring during such
absence shall be paid at the shift work rate in clause 30.4.
30.4 Payment for
Shift Work:
(a) Payment for
day shift shall be at ordinary rates of pay.
(b) Payment for
early morning shift (on Monday to Friday) shall be at the ordinary rate of pay
plus 10 per cent.
(c) Payment for
afternoon shift (on Monday to Friday) shall be at the Employee's ordinary rate
of pay plus 12½ per cent.
30.5 Shift Rosters
(a) Employees
shall be rostered to work shifts on a rotating basis as required by the Employer.
Rotating shifts shall rotate weekly commencing Friday.
(b) Rosters will
be made available at least 30 calendar days in advance.
(c) The Employer
will consult with the affected Employee(s) regarding a change to a rostered
shift.
(d) Where notice is
given of a change in shift with less than 7 days notice
any shift so worked shall be paid at the rate of the previously rostered shift
provided it is greater.
(e) An Employee on
rotating shifts shall not be rostered to work more than two weeks on afternoon
shift in any period of three working weeks other than at their own request or
by agreement between the Employee concerned and the Employer. Should an
Employee be required to work afternoon shift for more than two consecutive
working weeks (other than at their own request or by agreement between the
Employee concerned and the Employer) the Employee shall be paid at the rate of
time and one-half of the ordinary rate for all ordinary time worked on
afternoon shift in excess of two consecutive weeks until the shifts are
rotated.
30.6 Payment of
Overtime
When not rostered on call, payment of overtime shall be
made at the following rates:
(a) Subject to
paragraph (e) of this subclause, all time worked in excess 7 hours per day or
35 hours per week between midnight Sunday and midnight Saturday, shall be paid
for at the rate of time and one-half for the first two hours and double time
thereafter based on the Employee's ordinary rate of pay. For this purpose each
period of overtime shall stand alone.
(b) Any work
carried out on Sundays shall be paid for at the rate of double time.
(c) Any work
carried out on public holidays shall be paid for at the rate of double time and
one-half.
(d) An Employee
who works overtime on Saturday or Sunday or on a public holiday shall be paid a
minimum payment for three hours work at the appropriate rates.
Provided that:
(e) An Employee
shall not be required to be on duty for more than 14 consecutive hours. After
being on duty for 14 consecutive hours an Employee shall take a rest break of
at least four consecutive hours and where they are directed to resume without
having had a rest break of eight consecutive hours they shall be paid at the
rate of double ordinary time, or double time and one half on a public holiday,
until released from duty for eight consecutive hours. Any rostered working time
occurring during such absence shall be paid for at the appropriate shift work
rates.
(f) Employees
working overtime which extends beyond a period of one and one-half hours from
the normal finishing time of a shift shall, at the conclusion of such period of
one and one-half hours, be entitled to a meal break and to the meal allowance
in accordance with Schedule B Item 3. Meal breaks taken during any period of
overtime which has been worked as an extension of an afternoon shift shall be
of 30 minutes duration and shall be paid for as time worked.
(g) Unless the
Employee concerned has been notified at least twenty-four hours in advance of
the requirement to work overtime, one meal allowance shall be paid in
accordance with Schedule B Item 3.
31. TMC
CBD Taskforce and Replacement Bus Transport Services Transport Liaison
Managers, Emergency Bussing Managers and Digital Media Support Officers
31.1 This
clause applies to Transport Liaison Managers (TLMs), Emergency Bussing Managers
(EBMs) and Digital Media Support Officers (DMSOs) dedicated to the CBD
taskforce and Replacement Bus Transport Services. To the extent this clause
conflicts with a clause in Part A, this clause will prevail.
31.2 Hours
of Work
(a) Ordinary
Hours
The ordinary hours of work shall be 35 per
week.
(b) Full
Time Employees
(i) Employees shall be continuous shift
workers.
(ii) Ordinary
hours of work shall be 140 hours worked over a 4 week roster cycle.
(iii) Employees
shall be rostered to work shifts lengths of:
(a) 11
hours, 40 minutes; or
(b) 8
hours, 45 minutes; or
(c) 7
hours, 22 minutes
excluding unpaid
meal breaks.
(iv) Shift lengths will be consistent
over the course of a week.
(v) Employees
shall not be required to work more than:
(a) 19
days over a four week cycle;
(b) 5
days in any 7 day period;
(c) three consecutive 12 hour, 10 minute shifts in any seven day
period.
(vi) Employees will receive at least 9
roster free days (RFDs) per 4 week cycle arranged so that:
(a) at least two sets of consecutive RFDs are granted; and
(b) at least one of those sets falls on a weekend.
(c) Breaks
Between Shifts
(i) Employees shall be entitled to a rest
break between the cessation of an ordinary rostered shift and the commencement
of the next rostered shift of at least:
(a) 8
hours where they are rostered to work shifts less than 10 hours; or
(b) 10
hours where they are rostered to work shifts of 10 hours or more.
(ii) Employee
shall not be required to be on duty for more than 14 consecutive hours. After
being on duty for 14 consecutive hours Employees shall be given a rest break of
at least 4 consecutive hours. Where Employees are directed to resume work
without having a rest break provided at clause 31.2(c)(i), they will be paid at the relevant rate set out in
clause 31.2(c)(iii).
(iii) Where
Employees have not observed a rest break provided for in clause 31.2(c)(i) prior to the commencement of
the next ordinary shift, they shall be paid at the rate of double time, or
double time and one half if on a public holiday, calculated at the ordinary
salary rate until such time as Employees are released from duty for the period
set out in clause 31.2(c)(i). Any rostered working
time occurring during such absence shall be paid at the shift work rate in
clause 31.3.
(d) Part
Time Employees:
(i) A Part-Time Employee shall be engaged
to work agreed contract hours. Weekly contract hours will be a minimum of 25
hours and fewer ordinary hours than the ordinary hours worked by a Full-Time
Employee.
(ii) The
pattern of contract hours to be worked will be agreed in writing and may only
be varied with the consent of the Employer and the Employee. The minimum
contract hours of work per day will be five hours, to be rostered on a morning
and/or afternoon Monday to Friday. The maximum ordinary hours of work per day
will be seven hours.
(iii) For
time worked in excess of the full-time hours of the classification payment
shall be made at the appropriate overtime rate in accordance with clause 31.4.
(e) Meal
Breaks
Employees shall not work more than 5 hours
from the commencement of a shift without having a minimum 30 minutes meal break.
Employees rostered for a further 5 hours of work will be provided a paid crib
break of 20 minutes.
31.3 Shiftwork
(a) For
the purposes of this sub clause:
(i) ‘Early morning shift’ shall mean those
shifts commencing at or after 4.00am and before 6.00am.
(ii) ‘Day
shift’ shall mean those shifts commencing at or after 6.00am and before 12
noon.
(iii) ‘Afternoon
shift’ shall mean those shifts commencing at or after 12 noon and before
4.00pm.
(iv) ‘Night
shift’ shall mean those shifts commencing at or after 4.00pm and before 4.00am.
(b) Payment
for Shift Work
(i) Payment for day shift shall be at the
ordinary rate of pay,
(ii) Payment
for early morning shift (on Monday to Friday) shall be at the ordinary rate of
pay plus 10 per cent,
(iii) Payment
for afternoon shift (on Monday to Friday) shall be at the ordinary rate of pay
plus 12 ½ per cent,
(iv) Payment for night shift (on Monday
to Friday) shall be at the ordinary rate of pay plus 15 per cent.
(v) Payment
for all ordinary time worked on a Saturday shall be at the rate of time and one
half of the ordinary rate of pay,
(vi) Payment for all ordinary time
worked on a Sunday shall be at the rate of double the ordinary rate of pay,
(vii) Payment
for all ordinary time worked on a Public Holiday shall be at the rate of double
and one half of the ordinary rate of pay,
(viii) Employees
rostered off on a public holiday shall be credited with a day in lieu for each
such day.
(ix) In
the case of full-time Employees, the 17.5 per cent annual leave loading is to
be calculated on the basis of 17.5 per cent of five weeks ordinary salary.
(x) Shift
workers proceeding on annual leave are to be paid in respect of leave taken in
any period of 12 months commencing 1 December, shift premiums and penalty rates
(or other allowance paid on a regular basis in lieu thereof) they would have
received had they been on duty or the 17.5 per cent annual leave loading,
whichever is the more favourable.
(c) Additional
Annual Leave
(i) Full time Employees shall be credited
with an additional 5 days annual leave per annum. This leave shall accrue at
the rate of 5/12th of a day for each complete month that an Employee works.
(d) Shift
Rosters
(i) Employees shall be rostered to work
shifts on a rotating basis as required by the Employer.
(ii) Rosters
shall be made available at least 30 calendar days in advance.
(iii) The
Employer will endeavour to provide more than 30 days’ notice of rosters where a
significant change to the roster pattern is proposed.
(iv) The Employer will consult with
affected Employee(s) regarding a changed to a rostered shift.
(v) Where
notice is given of a change in shift with less than 7 days’ notice any shift so
worked shall be paid at the rate of the previously rostered shift provided it
is greater.
31.4 Overtime
Worked by TLMs, EBMs and DMSOs
Payment of overtime shall be made at the
following rates:
(a) All
time worked in excess of 11 hours 40 minutes per shift or 140 hours per 4 week
cycle between midnight Sunday and midnight Saturday, shall be paid at the rate
of time and one half for the first two hours and double time thereafter. Each
period of overtime shall stand alone.
(b) Any
overtime work carried out on Sundays shall be paid for at the rate of double
time.
(c) Any
overtime work carried out on a public holiday shall be paid for at the rate of
double time and a half.
(d) An
Employee who works overtime on a rostered day, off Saturday or Sunday or on a
public holiday shall be paid a minimum payment for three hours work at the appropriate
overtime rates.
(e) An
Employee required to work a shift on a day on which they are not rostered and
given less than 24 hours notice in advance will be
paid one meal allowance in accordance with Schedule B Item 3.
(f) The
formula for the calculation of overtime at ordinary rates shall be:
|
Annual
salary
|
x
|
7
|
x
|
1
|
|
1
|
|
365.25
|
|
No
of ordinary hours of work per week
|
Provided that:
(g) Employees
working overtime which extends beyond a period of one and one-half hours from their
normal finishing time shall, at the conclusion of one and one-half hours, have
a meal break and be paid a meal allowance in accordance with Schedule B Item 3.
Meal breaks shall be of 30 minutes duration and shall be paid for as time
worked.
31.5 Sick
leave
(a) Sick
leave on full pay accrues day by day to an Employee at the rate of 105 hours
each calendar year, and any such accrued leave, which is not taken, is
cumulative.
(b) When
accessing sick leave, the Employee will be debited the hours
equivalent to the shift the Employee was rostered to perform had they not taken
sick leave.
(c) During
the first 4 months of employment, an Employee can access paid sick leave for up
to 35 hours even though that leave has not yet accrued.
32. CBD
Taskforce and Replacement Bus Transport Services Area Transport Coordinators
and Senior Transport Information Managers
32.1 This
clause applies to CBD Taskforce and Replacement Bus Transport Services Area Transport
Coordinators and Senior Transport Information Managers. To the extent this
clause conflicts with a clause in Part A, this clause will prevail.
32.2 For
the purpose of this clause:
"Early morning shift" shall mean
those shifts commencing at or after 4.00am and before 6.00am.
"Day shifts" shall be those shifts
commencing at or after 6.00 am and before noon.
"Afternoon shifts" shall be those
shifts commencing at or after noon and before 4.00pm.
32.3 Hours
of Duty shall be as follows:
(a) The
ordinary hours of work shall be 140 hours worked over a 4 week roster cycle,
between the hours of 4am and 11pm.
(b) Employees
shall be rostered to work shifts lengths of:
(i) 11 hours, 40 minutes; or
(ii) 8
hours, 45 minutes; or
(iii) 7
hours, 22 minutes
excluding unpaid
meal breaks.
(c) Shift
lengths will be consistent over the course of a week.
(d) Employees
shall not be required to work more than:
(ii) 19
days over a four week cycle;
(iii) 5 days in any 7 day
period;
(iv) three consecutive 12 hour, 10 minute shifts in any seven day
period.
(e) Employees
will receive at least 9 roster free days (RFDs) per 4 week cycle arranged so
that at least two sets of consecutive RFDs are granted.
(f) No
Employee shall work more than five consecutive hours without a meal break of 30
minutes. Employees rostered for a further 5 hours of work will be provided a
paid crib break of 20 minutes.
32.4 Breaks Between
Shifts
(a) An
Employee is entitled to a rest break between the cessation of an ordinary
rostered shift and the commencement of the next rostered shift of at least:
(i) 8 hours where they are rostered to work
shifts less than 10 hours; or
(ii) 10
hours where they are rostered to work shifts of 10 hours or more.
(b) Where
an Employee has not observed a rest break provided for in clause 32.4(a) prior
to the commencement of the next ordinary shift, they shall be paid at the rate
of double time, or double time and one half if on a public holiday, calculated
at the ordinary salary rate until such time as Employees are released from duty
for the period specified in clause 32.4(a). Any rostered working time occurring
during such absence shall be paid at the shift work rate in clause 31.5.
32.5 Payment
for Shift Work
(a) Payment
for day shift shall be at ordinary rates of pay.
(b)
Payment for early morning shift (on Monday to Friday) shall be at the
ordinary rate of pay plus 10 per cent.
(c) Payment
for afternoon shift (on Monday to Friday) shall be at the Employee's ordinary rate
of pay plus 12½ per cent.
(d) Payment
for all ordinary time worked on a Saturday shall be at the rate of time and one
half of the ordinary rate of pay,
(e) Payment
for all ordinary time worked on a Sunday shall be at the rate of double the
ordinary rate of pay,
(f) Payment
for all ordinary time worked on a Public Holiday shall be at the rate of double
and one half of the ordinary rate of pay,
(g) Employees
rostered off on a public holiday shall be credited with a day in lieu for each
such day.
(h) In
the case of full-time Employees, the 17.5 per cent annual leave loading is to
be calculated on the basis of 17.5 per cent of five weeks ordinary salary.
(i) Shift workers proceeding on annual
leave are to be paid in respect of leave taken in any period of 12 months
commencing 1 December, shift premiums and penalty rates (or other allowance
paid on a regular basis in lieu thereof) they would have received had they been
on duty or the 17.5 per cent annual leave loading, whichever is the more
favourable.
32.6 Shift
Rosters
(a) Employees
shall be rostered to work shifts as required by the Employer. Rotating shifts
shall rotate weekly commencing Monday.
(b) Rosters
shall be made available at least 30 calendar days in advance.
(c) The
Employer will endeavour to provide more than 30 days’ notice of rosters where a
significant change to the roster pattern is proposed.
(d) the Employer will consult with affected Employee(s)
regarding a change to a rostered shift.
(e) Where
notice is given of a change in shift with less than 7 days’ notice any shift so
worked shall be paid at the rate of the previously rostered shift provided it
is greater
(f) An
Employee on rotating shifts shall not be rostered to work more than two weeks
on afternoon shift other than at their own request or by agreement between the
Employee concerned and the Employer. Should an Employee be required to work
afternoon shift for more than two consecutive working weeks (other than at
their own request or by agreement between the Employee concerned and the
Employer) the Employee shall be paid at the rate of time and one-half of the
ordinary rate for all ordinary time worked on afternoon shift in excess of two
consecutive weeks until the shifts are rotated.
32.7 Payment
of Overtime
Payment of overtime shall be made at the
following rates:
(a) Subject
to paragraph (e) of this subclause, all time worked in excess of 11 hours and
40 minutes per day or 140 hours over a four week cycle between midnight Sunday
and midnight Saturday, shall be paid for at the rate of time and one-half for
the first two hours and double time thereafter based on the Employee's ordinary
rate of pay. For this purpose each period of overtime shall stand alone.
(b) Any
work carried out on Sundays shall be paid for at the rate of double time.
(c) Any
work carried out on public holidays shall be paid for at the rate of double
time and one-half.
(d) An
Employee who works overtime on a rostered day off, Saturday or Sunday or on a
public holiday shall be paid a minimum payment for three hours work at the
appropriate rates.
Provided that:
(e) An
Employee shall not be required to be on duty for more than 14 consecutive
hours. After being on duty for 14 consecutive hours an Employee shall take a
rest break of at least four consecutive hours and where they are directed to
resume without having had a rest break of eight consecutive hours they shall be
paid at the rate of double ordinary time or double time and one half on a
public holiday until released from duty for eight consecutive hours. Any
rostered working time occurring during such absence shall be paid for at the
appropriate shift work rate.
(f) Employees
working overtime which extends beyond a period of one and one-half hours from
the normal finishing time of a shift shall, at the conclusion of such period of
one and one-half hours, be entitled to a meal break and to the meal allowance,
in accordance with Schedule B Item 3. Meal breaks taken during any period of
overtime which has been worked as an extension of an afternoon shift shall be
of 30 minutes duration and shall be paid for as time worked.
(g) An
Employee required to work a shift on a rostered day off shall be paid at
overtime rates in accordance with paragraph (a) of this subclause.
(h) Unless
the Employee concerned has been notified at least twenty-four hours in advance
of the requirement to work overtime, one meal allowance shall be paid for
during such shift in accordance with Schedule B Item 3.
32.8 Sick
leave
(a) Sick
leave on full pay accrues day by day to an Employee at the rate of 105 hours
each calendar year, and any such accrued leave, which is not taken, is
cumulative.
(b) When
accessing sick leave, the Employee will be debited the hours
equivalent to the shift the Employee was rostered to perform had they not taken
sick leave.
(c) During
the first 4 months of employment, an Employee can access paid sick leave for up
to 35 hours even though that leave has not yet accrued.
SCHEDULE A -
CLASSIFICATION STRUCTURE AND RATES OF PAY
Part One
|
Classification
|
Level
|
Effective
1/7/2014
|
+
2.5%
|
|
|
|
|
Effective
|
|
|
|
|
3/07/2015
^
|
|
Transport Service Grade 1
|
Level
1A
|
46,807
|
47,977
|
|
|
Level
1B
|
47,977
|
49,176
|
|
|
Level
1C
|
49,148
|
50,377
|
|
|
Level
1D
|
50,318
|
51,576
|
|
|
Level
1E
|
51,488
|
52,775
|
|
Transport Service Grade 2
|
Level
2A
|
51,762
|
53,056
|
|
|
Level
2B
|
53,056
|
54,382
|
|
|
Level
2C
|
54,351
|
55,710
|
|
|
Level
2D
|
55,645
|
57,036
|
|
|
Level
2E
|
56,940
|
58,364
|
|
Transport Service Grade 3
|
Level
3A
|
57,270
|
58,702
|
|
|
Level
3B
|
58,702
|
60,170
|
|
|
Level
3C
|
60,133
|
61,636
|
|
|
Level
3D
|
61,564
|
63,103
|
|
|
Level
3E
|
62,996
|
64,571
|
|
Transport Service Grade 4
|
Level
4A
|
63,768
|
65,362
|
|
|
Level
4B
|
65,363
|
66,997
|
|
|
Level
4C
|
66,956
|
68,630
|
|
|
Level
4D
|
68,551
|
70,265
|
|
|
Level
4E
|
70,144
|
71,898
|
|
Transport Service Grade 5
|
Level
5A
|
71,917
|
73,715
|
|
|
Level
5B
|
73,715
|
75,558
|
|
|
Level
5C
|
75,513
|
77,401
|
|
|
Level
5D
|
77,312
|
79,245
|
|
|
Level
5E
|
79,110
|
81,088
|
|
Transport Service Grade 6
|
Level
6A
|
80,178
|
82,182
|
|
|
Level
6B
|
82,182
|
84,237
|
|
|
Level
6C
|
84,187
|
86,292
|
|
|
Level
6D
|
86,191
|
88,346
|
|
|
Level
6E
|
88,195
|
90,400
|
|
Transport Service Grade 7
|
Level
7A
|
89,649
|
91,890
|
|
|
Level
7B
|
92,338
|
94,646
|
|
|
Level
7C
|
95,027
|
97,403
|
|
|
Level
7D
|
97,717
|
100,160
|
|
|
Level
7E
|
100,407
|
102,917
|
|
Transport Service Grade 8
|
Level
8A
|
101,764
|
104,308
|
|
|
Level
8B
|
104,817
|
107,437
|
|
|
Level
8C
|
107,870
|
110,567
|
|
|
Level
8D
|
110,922
|
113,695
|
|
|
Level
8E
|
113,975
|
116,824
|
|
Transport Service Grade 9
|
Level
9A
|
117,183
|
120,113
|
|
|
Level
9B
|
120,698
|
123,715
|
|
|
Level
9C
|
124,213
|
127,318
|
|
|
Level
9D
|
127,728
|
130,921
|
|
|
Level
9E
|
131,245
|
134,526
|
^ In accordance with clause 7.5(a) salaries
will increase by 2.5% from 3 July 2015. Backpay will
be made within 2 pay cycles following the commencement of the Award.
Part Two
|
Classification
|
Level
|
Effective
|
+ 2.5% ^
|
|
|
|
1/7/2014
|
Effective
|
|
|
|
|
3/07/2015
|
|
Professional Engineer
|
Level 1
|
80,178
|
82,182
|
|
Grade A
|
Level 2
|
84,187
|
86,292
|
|
|
Level 3
|
86,191
|
88,346
|
|
|
Level 4
|
89,649
|
91,890
|
|
|
Level 5
|
92,338
|
94,646
|
|
|
Level 6
|
95,027
|
97,403
|
|
Professional Engineer
|
Level 1
|
97,717
|
100,160
|
|
Grade B
|
Level 2
|
101,764
|
104,308
|
|
|
Level 3
|
106,135
|
108,788
|
|
|
Level 4
|
110,555
|
113,319
|
|
|
Level 5
|
113,975
|
116,824
|
|
Professional Engineer
|
Level 1
|
117,183
|
120,113
|
|
Grade C
|
Level 2
|
121,868
|
124,915
|
|
|
Level 3
|
126,554
|
129,718
|
|
|
Level 4
|
131,245
|
134,526
|
^ In accordance with clause 7.5(a) salaries
will increase by 2.5% from 3 July 2015. Backpay
will be made within 2 pay cycles following the commencement of the Award.
SCHEDULE B -
ALLOWANCES AND EXPENSES
|
Allowances
|
Subject
|
Amount
|
Amount
|
|
and Expenses
|
|
Effective
|
Effective
|
|
|
|
1/7/2014
|
3 July 2015
|
|
Item 1
|
On Call (Rostered Day)
|
$35.50*
|
$36.40*
|
|
Item 2
|
On Call (Non Rostered Day)
|
$53.70*
|
$55.00*
|
|
Item 3
|
Overtime Meal
|
$28.20 per meal
|
#
|
|
Item 4
|
Breakfast Meal (no overnight stay)
|
$25.35 per meal
|
#
|
|
Item 5
|
Lunch Meal (no overnight stay)
|
$28.55 per meal
|
#
|
|
Item 6
|
Dinner Meal (no overnight stay)
|
$48.65 per meal
|
#
|
|
Item 7
|
Overnight Stay Away from Headquarters
|
Varies depending on
|
#
|
|
|
Allowance
|
location
|
|
|
|
|
-see relevant NSW
|
|
|
|
|
Treasury (NSW
|
|
|
|
|
Industrial Relations)
|
|
|
|
|
Circular
|
|
|
Item 8
|
Incidental Expenses Associated with
|
$18.70 per night
|
#
|
|
|
Overnight Stay Away from Headquarters
|
|
|
|
Item 9
|
Private use of Motor Vehicle - up to 1600 cc
|
65 cents per km
|
#
|
|
Item 10
|
Private use of Motor Vehicle - between
|
76 cents per km
|
#
|
|
|
1601cc and 2600cc
|
|
|
|
Item 11
|
Private use of Motor Vehicle - over 2600 cc
|
77 cents per km
|
#
|
|
Item 12
|
Holders of St John’s Ambulance
|
$826.30 per annum
|
$847.00 per
|
|
|
|
|
annum*
|
|
Item 13
|
Holders of current occupational first aid
|
$1241.00 per annum
|
$1272 per
|
|
|
certification issued within the previous three
|
|
annum*
|
|
|
years and in charge of a First aid room in a
|
|
|
|
|
workplace of 200 or more
|
|
|
|
Item 14
|
Remote Location (with dependants)
|
|
#
|
|
|
Grade A
|
$1939 pa
|
|
|
|
Grade B
|
$2572 pa
|
|
|
|
Grade C
|
$3435 pa
|
|
|
|
Remote Location (without dependants)
|
|
#
|
|
|
Grade A
|
$1353 pa
|
|
|
|
Grade B
|
$1803 pa
|
|
|
|
Grade C
|
$2406 pa
|
|
|
Item 15
|
Remote Location Annual Leave Travel By
|
Appropriate casual
|
#
|
|
|
Private Vehicle
|
Rate up to maximum
|
|
|
|
|
of 2850 kms less
|
|
|
|
|
$47.80
|
|
|
|
Other Transport (with dependants)
|
Actual reasonable
|
#
|
|
|
|
expenses in excess of
|
|
|
|
|
$47.80
|
|
|
|
|
And up to $320.20
|
|
|
|
Other Transport (without dependants)
|
Actual reasonable
|
#
|
|
|
|
expenses in excess of
|
|
|
|
|
$47.80 and up to
|
|
|
|
|
$158.15
|
|
|
|
Rail Travel
|
Actual rail fare less
|
#
|
|
|
|
$47.80
|
|
*Subject to Award Increase/s, in accordance with
7.5(b). Backpay will be made within 2 pay cycles
following the commencement of the Award.
# means amended in accordance
with clause 7.5
SCHEDULE C
-TRANSITIONAL ARRANGEMENTS
1. Transitional Arrangements
The transitional arrangements for each Transport Agency are
shown in Tables 1-7 below.
Code X - Employees will transition across to the same or
next higher incremental TfNSW salary level and will
be eligible to progress to the next incremental TfNSW
salary level on the anniversary of their appointment to the position.
Code Y - Employees will transition across to the same or
next higher incremental TfNSW salary level and will
retain their existing increment date for progression to the next TfNSW incremental salary level.
Code Z - Employees will continue to progress through the
incremental salary range within their existing grade from their former agency
until they reach the maximum increment point, whereupon they will be
transitioned across to the maximum increment in the appropriate grade within
the TfNSW classification structure and thereafter be
paid by way of a personal salary unless they are promoted or transferred by
Employer direction and receive a higher rate of pay.
2. Personal Salaries - Code Z
Employees will continue to be afforded a personal salary and
incremental salary progression until promoted to a position and receiving a
higher rate of pay. The Employee’s personal rate of pay and incremental salary
range will also be subject to future Award increases.
3. Annual Award Increases
Employees who remain on the incremental salary range with
their existing Grade from their former agency will continue to receive annual
increases in accordance with the industrial instrument in force of the time of
their transition.
Transitioning Employees will not be entitled to receive 2
award increases in rates of pay under separate industrial instruments during
the same calendar year.
Employees who have received an increase in rates of pay
under their former agency’s Award or Enterprise Agreement during the first half
of the year will not be transitioned across onto the Transport for NSW
Classification Structure until the rates therein have also been increased
during the same calendar year.
4. Former Railcorp
Employees
Employees who have progressed to the maximum salary within
their former RailCorp Grade will transition across to
the TfNSW Grade after 1 April 2013 at the maximum
increment in the appropriate TfNSW grade and will
thereafter retain their existing rate of pay by way of a personal salary unless
they are promoted or transferred by Employer direction and receive a higher
rate of pay.
Employees who have not yet progressed to the maximum incremental
salary level within their former RailCorp Grade will
continue to be employed within that Grade until they progress to the maximum
incremental salary level at which time they will then transition across to the
maximum increment in the appropriate TfNSW Grade and
thereafter be paid by way of a personal salary.
Subject to the provisions of 3 above, after the RailCorp Enterprise Agreement expires on 31/3/2014, the
rates of pay and incremental salary levels for these Employees will be subject
to Award increases in rates of pay that apply to other Employees who are
covered under the TfNSW classification structure.
5. Former Maritime Employees
Former Maritime Employees will transition across to the appropriate
TfNSW Grade after 1 July 2013 and will thereafter
retain their existing rate of pay as a personal salary unless they are promoted
or transferred by Employer direction and receive a higher rate of pay.
Subject to the provisions of 3 above, after 1 July 2013 the
Employee’s personal rate of pay will also be subject to future Award increases
in rates of pay that apply to other
Table 1 - Rates of Pay, Equivalent Grades and
Transitional Arrangements for DoT Employees Transitioning to Transport for NSW
|
DoT
|
DoT Salary
|
Equivalent
|
TfNSW
Salary
|
DOT Increment
|
|
Grade
|
$
|
TfNSW
Grade
|
$
|
Transitional Code
|
|
1
|
40,606
|
1
|
43,563
|
X
|
|
|
42,023
|
|
43,563
|
X
|
|
|
43,492
|
|
43,563
|
Y
|
|
|
45,015
|
|
45,741
|
X
|
|
|
|
|
46,830
|
|
|
|
|
|
47,919
|
|
|
2
|
46,590
|
|
|
Z
|
|
|
48,225
|
|
|
Z
|
|
|
49,909
|
|
|
Z
|
|
|
51,662
|
|
|
Z
|
|
3
|
53,466
|
2
|
48,175
|
Z
|
|
|
55,338
|
|
49,379
|
Z
|
|
|
57,271
|
|
50,584
|
Z
|
|
|
59,277
|
|
51,788
|
Z
|
|
|
|
|
52,993
|
|
|
4
|
61,357
|
4
|
59,348
|
Z
|
|
|
63,500
|
|
60,832
|
Z
|
|
|
65,723
|
|
62,315
|
Z
|
|
|
68,025
|
|
63,799
|
Z
|
|
|
|
|
65,282
|
|
|
5
|
70,494
|
6
|
74,620
|
X
|
|
|
72,868
|
|
74,620
|
Y
|
|
|
75,572
|
|
76,486
|
Y
|
|
|
78,061
|
|
78,351
|
X
|
|
|
|
|
80,217
|
|
|
|
|
|
82,082
|
|
|
6
|
80,793
|
7
|
83,435
|
Y
|
|
|
83,622
|
|
85,938
|
Y
|
|
|
86,545
|
|
88,441
|
Y
|
|
|
89,574
|
|
90,944
|
X
|
|
|
|
|
93,447
|
|
|
7
|
92,710
|
8
|
94,710
|
Y
|
|
|
95,956
|
|
97,551
|
Y
|
|
|
99,314
|
|
100,393
|
Y
|
|
|
102,787
|
|
103,234
|
X
|
|
|
|
|
106,075
|
|
|
8
|
106,387
|
9
|
109,060
|
Z
|
|
|
110,111
|
|
112,332
|
Z
|
|
|
|
|
115,604
|
-
|
|
|
116,997
|
|
118,875
|
Z
|
|
|
122,148
|
|
122,148
|
-
|
Table 2 - Rates of Pay, Equivalent Grades and
Transitional Arrangements for Roads and Traffic Authority Employees
Transitioning to Transport for NSW
|
RTA
|
RTA Salary
|
Equivalent TfNSW
|
TfNSW
Salary
|
RTA Increment
|
|
Grade
|
$
|
Grade
|
$
|
Transitional Code
|
|
1
|
33,331
|
1
|
43,563
|
X
|
|
|
36,557
|
|
43,563
|
X
|
|
|
41,794
|
|
43,563
|
X
|
|
|
|
|
44,652
|
|
|
|
|
|
45,741
|
|
|
|
|
|
46,830
|
|
|
|
|
|
47,919
|
|
|
2
|
44,078
|
2
|
48,175
|
X
|
|
|
46,079
|
|
48,175
|
X
|
|
|
47,793
|
|
48,175
|
X
|
|
|
|
|
49,379
|
|
|
|
|
|
50,584
|
|
|
|
|
|
51,788
|
|
|
|
|
|
52,993
|
|
|
3
|
50,747
|
3
|
53,300
|
X
|
|
|
53,125
|
|
53,300
|
Y
|
|
|
|
|
54,633
|
|
|
|
55,600
|
|
55,965
|
X
|
|
|
|
|
57,298
|
|
|
|
|
|
58,630
|
|
|
4
|
57,296
|
4
|
59,348
|
Y
|
|
|
59,542
|
|
60,832
|
Y
|
|
|
61,885
|
|
62,315
|
X
|
|
|
|
|
63,799
|
|
|
|
|
|
65,282
|
|
|
5
|
64,012
|
|
|
Z
|
|
|
66,082
|
|
|
Z
|
|
|
67,272
|
|
|
Z
|
|
6
|
|
5
|
66,933
|
|
|
|
|
|
68,606
|
|
|
|
68,748
|
|
70,279
|
Y
|
|
|
70,835
|
|
71,953
|
Y
|
|
|
73,153
|
|
73,626
|
X
|
|
7
|
|
6
|
74,620
|
|
|
|
74,745
|
|
76,486
|
Y
|
|
|
77,383
|
|
78,351
|
Y
|
|
|
78,885
|
|
80,217
|
X
|
|
|
|
|
82,082
|
|
|
8
|
82,121
|
7
|
83,435
|
Y
|
|
|
85,456
|
|
85,938
|
Y
|
|
|
88,124
|
|
88,441
|
X
|
|
|
|
|
90,944
|
|
|
|
|
|
93,447
|
|
|
9
|
92,178
|
8
|
94,710
|
Y
|
|
|
94,826
|
|
97,551
|
Y
|
|
|
99,093
|
|
100,393
|
X
|
|
|
|
|
103,234
|
|
|
|
|
|
106,075
|
|
|
10
|
101,594
|
9
|
109,060
|
X
|
|
|
105,602
|
|
109,060
|
Y
|
|
|
111,025
|
|
112,332
|
X
|
|
11
|
114,457
|
|
115,604
|
Y
|
|
|
|
|
118,875
|
Y
|
|
|
119,439
|
|
122,148
|
Y
|
|
|
122,128
|
|
122,148
|
-
|
Table 3 - Rates of Pay, Equivalent Grades and Transitional
Arrangements for RTA Professional Engineers Transitioning to Transport for NSW
|
RTA
|
RTA PROF. ENG.
|
Equivalent TfNSW
|
TfNSW
Salary
|
RTA Engineers
|
|
PROF. ENG
|
Salary
|
Grade
|
$
|
Increment
|
|
Grade
|
$
|
|
|
Transitional
|
|
|
(No Annual Leave
|
|
|
Code
|
|
|
Loading)
|
|
|
|
|
Engineer Level 1
|
|
A
|
74,620
|
-
|
|
Yrs. 1 - 3
|
74,746
|
|
78,351
|
X
|
|
(RTA USS 7)
|
77,385
|
|
78,351
|
Y
|
|
|
78,887
|
|
80,217
|
Y
|
|
Engineer Level 1
|
82,121
|
|
83,435
|
Y
|
|
Yrs 4 - 6
|
85,454
|
|
85,938
|
Y
|
|
(RTA USS 8)
|
88,123
|
|
88,441
|
-
|
|
Engineer Level 2
|
|
B
|
90,944
|
-
|
|
Yrs l 1 - 3
|
92,176
|
|
94,710
|
Y
|
|
(RTA USS 9)
|
94,826
|
|
98,779
|
Y
|
|
|
99,092
|
|
102,892
|
X
|
|
|
|
|
106,075
|
|
|
Engineer Level 3
|
101,593
|
C
|
109,060
|
X
|
|
Yrs 1 - 3
|
105,600
|
|
109,060
|
Y
|
|
(RTA USS 10)
|
111,024
|
|
113,421
|
Y
|
|
Engineer Level 4
|
114,456
|
|
117,782
|
Y
|
|
Yrs 1 - 3
|
119,439
|
|
122,148
|
-
|
|
(RTA USS 11)
|
122,125
|
|
122,148
|
-
|
Table 4 - Rates of Pay, Equivalent Grades and
Transitional Arrangements for State Transit Authority Employees Transitioning
to Transport for NSW
|
STA
|
STA
|
Equivalent
|
TfNSW
|
STA Increment
|
|
Grade
|
Salary
|
TfNSW
|
Salary
|
Transitional
|
|
|
$
|
Grade
|
$
|
Code
|
|
1
|
42,190
|
|
43,563
|
Z
|
|
|
43,947
|
|
44,652
|
Z
|
|
|
45,327
|
|
45,741
|
Z
|
|
|
|
|
46,830
|
|
|
|
47,100
|
|
47,919
|
Z
|
|
|
48,293
|
|
47,919
|
Z
|
|
|
49,672
|
|
47,919
|
-
|
|
2
|
|
2
|
48,175
|
|
|
|
|
|
49,349
|
Y
|
|
|
50,342
|
|
50,484
|
X
|
|
|
51,012
|
|
51,788
|
|
|
3
|
51,867
|
|
52,993
|
Z
|
|
|
53,078
|
|
52,993
|
Z
|
|
|
53,906
|
|
52,993
|
-
|
|
4
|
|
3
|
53,300
|
|
|
|
54,929
|
|
54,633
|
|
|
|
56,291
|
|
55,965
|
X
|
|
|
57,756
|
|
57,298
|
Y
|
|
|
|
|
58,630
|
|
|
|
|
|
|
-
|
|
5
|
58,941
|
4
|
59,348
|
X
|
|
|
61,155
|
|
60,832
|
|
|
|
62,969
|
|
62,315
|
Y
|
|
|
|
|
63,799
|
|
|
|
|
|
65,282
|
|
|
6
|
64,165
|
5
|
66,933
|
X
|
|
|
65,876
|
|
66,933
|
X
|
|
|
68,276
|
|
68,606
|
X
|
|
|
|
|
70,279
|
|
|
|
|
|
71,953
|
|
|
|
|
|
73,626
|
|
|
Special
|
69,463
|
6
|
74,620
|
X
|
|
|
73,016
|
|
74,620
|
Y
|
|
|
76,606
|
|
76,486
|
|
|
|
|
|
78,351
|
X
|
|
|
|
|
80,217
|
|
|
|
|
|
82,082
|
|
|
SO A
|
77,683
|
7
|
83,435
|
X
|
|
|
80,308
|
|
83,435
|
X
|
|
|
83,119
|
|
83,435
|
Y
|
|
|
86,262
|
|
85,938
|
|
|
|
89,910
|
|
88,441
|
Y
|
|
|
|
|
90,944
|
X
|
|
|
|
|
93,447
|
|
|
SO B
|
89,090
|
8
|
94,710
|
X
|
|
|
91,952
|
|
94,710
|
X
|
|
|
95,051
|
|
97,551
|
Y
|
|
|
98,443
|
|
100,393
|
Y
|
|
|
102,121
|
|
103,234
|
X
|
|
|
|
|
106,075
|
|
|
SO C
|
99,079
|
9
|
109,060
|
X
|
|
|
102,249
|
|
109,060
|
X
|
|
|
105,706
|
|
109,060
|
X
|
|
|
109,356
|
|
112,332
|
Y
|
|
|
113,309
|
|
115,604
|
X
|
|
|
|
|
118,875
|
|
|
|
|
|
122,148
|
|
|
SO D
|
109,830
|
|
109,060
|
Z
|
|
|
113,353
|
|
112,332
|
Z
|
|
|
117,129
|
|
115,604
|
Z
|
|
|
121,420
|
|
118,875
|
Z
|
|
|
126,067
|
|
122,148
|
-
|
|
|
|
|
122,148
|
-
|
Table 5 - Rates of Pay, Equivalent Grades, Incremental
Progression and Transitional Arrangements for Railcorp
Employees Transitioning to Transport for NSW
|
RailCorp
|
RailCorp
|
Effective
|
Effective
|
Equivalent
|
|
Grade
|
Salary $
|
1 April 2012
|
1 April 2013
|
TfNSW
Grade
|
|
1 Level 1
|
43,915
|
45,451
|
47,043
|
1
|
|
Level 2
|
44,806
|
46,374
|
47,998
|
|
|
Level 3
|
45,772
|
47,373
|
49,032
|
|
|
Level 4
|
46,635
|
48,267
|
49,957
|
|
|
Level 5
|
47,472
|
49,133
|
50,854
|
|
|
2 Level 1
|
50,834
|
52,613
|
54,456
|
3
|
|
Level 2
|
52,530
|
54,368
|
56,272
|
|
|
Level 3
|
54,016
|
55,906
|
57,864
|
|
|
Level 4
|
55,749
|
57,700
|
59,721
|
|
|
Level 5
|
58,199
|
60,235
|
62,344
|
|
|
3 Level 1
|
60,504
|
62,621
|
64,814
|
4
|
|
Level 2
|
62,336
|
64,517
|
66,776
|
|
|
Level 3
|
63,657
|
65,884
|
68,191
|
|
|
Level 4
|
65,400
|
67,688
|
70,058
|
|
|
Level 5
|
66,967
|
69,310
|
71,737
|
|
|
4 Level 1
|
68,909
|
71,320
|
73,817
|
6
|
|
Level 2
|
71,081
|
73,568
|
76,144
|
|
|
Level 3
|
73,390
|
75,958
|
78,618
|
|
|
Level 4
|
76,402
|
79,076
|
81,845
|
|
|
Level 5
|
79,470
|
82,251
|
85,131
|
|
|
5 Level 1
|
83,140
|
86,049
|
89,062
|
7
|
|
Level 2
|
86,786
|
89,823
|
92,968
|
|
|
Level 3
|
89,688
|
92,827
|
96,077
|
|
|
Level 4
|
92,696
|
95,940
|
99,299
|
|
|
Level 5
|
95,899
|
99,255
|
102,730
|
|
|
6 Level 1
|
99,436
|
102,916
|
106,519
|
8
|
|
Level 2
|
101,804
|
105,367
|
109,056
|
|
|
Level 3
|
104,621
|
108,282
|
112,073
|
|
|
Level 4
|
107,437
|
111,197
|
115,098
|
|
|
Level 5
|
110,258
|
114,116
|
118,111
|
|
|
7 Level 1
|
111,906
|
115,822
|
119,877
|
9
|
|
Level 2
|
114,678
|
118,691
|
122,846
|
|
|
Level 3
|
117,465
|
121,576
|
125,832
|
|
|
Level 4
|
120,266
|
124,475
|
128,833
|
|
|
Level 5
|
123,123
|
127,432
|
131,893
|
|
NB: All RailCorp Employees
will transition to TfNSW under Code Z.
Table 6 - Rates of Pay, Equivalent Grades and
Transitional Arrangements for Sydney Ferries Employees Transitioning to
Transport for NSW
|
Ferries
|
Ferries
|
Effective from
|
Effective from
|
TfNSW
|
TfNSW
|
Sydney Ferries
|
|
Grade
|
Salary
|
1 January 2012
|
1 January 2013
|
Grade
|
Salary
|
Increment
|
|
|
$
|
|
|
|
$
|
Transitional
|
|
|
|
|
|
|
|
Code
|
|
1
|
40,271
|
41,680
|
43,139
|
1
|
43,563
|
Z
|
|
|
41,947
|
43,415
|
44,935
|
|
43,563
|
Z
|
|
|
43,265
|
44,779
|
46,346
|
|
45,741
|
Z
|
|
|
44,957
|
46,530
|
48,159
|
|
46,830
|
Z
|
|
|
46,097
|
47,710
|
49,380
|
|
47,919
|
Z
|
|
|
47,414
|
49,073
|
50,791
|
|
47,919
|
-
|
|
2
|
|
|
|
2
|
48,175
|
|
|
|
|
|
|
|
49,379
|
|
|
|
48,053
|
49,735
|
51,476
|
|
50,584
|
X
|
|
|
48,693
|
50,397
|
52,161
|
|
50,584
|
X
|
|
3
|
49,509
|
51,242
|
53,035
|
|
51,788
|
Z
|
|
|
50,664
|
52,437
|
54,272
|
|
52,993
|
Z
|
|
|
51,455
|
53,256
|
55,120
|
|
52,993
|
-
|
|
4
|
|
|
|
3
|
53,300
|
|
|
|
52,433
|
54,268
|
56,167
|
|
54,633
|
X
|
|
|
53,732
|
55,613
|
57,559
|
|
55,965
|
X
|
|
|
55,129
|
57,059
|
59,056
|
|
57,298
|
X
|
|
|
|
|
|
|
58,630
|
|
|
5
|
56,261
|
58,230
|
60,268
|
4
|
59,348
|
X
|
|
|
58,373
|
60,416
|
62,531
|
|
60,832
|
X
|
|
|
60,106
|
62,210
|
64,387
|
|
62,315
|
X
|
|
|
|
|
|
|
63,799
|
|
|
|
|
|
|
|
65,282
|
|
|
6
|
61,247
|
63,391
|
65,610
|
5
|
66,933
|
X
|
|
|
62,883
|
65,084
|
67,362
|
|
66,933
|
X
|
|
|
65,171
|
67,452
|
69,813
|
|
68,606
|
X
|
|
|
|
|
|
|
70,279
|
|
|
|
|
|
|
|
71,953
|
|
|
|
|
|
|
|
73,626
|
|
|
Special
|
66,304
|
68,625
|
71,027
|
6
|
74,620
|
X
|
|
|
69,698
|
72,137
|
74,662
|
|
74,620
|
X
|
|
|
73,122
|
75,681
|
78,330
|
|
76,486
|
X
|
|
|
|
|
|
|
78,351
|
|
|
|
|
|
|
|
80,217
|
|
|
|
|
|
|
|
82,082
|
|
|
SO A
|
74,151
|
76,746
|
79,432
|
7
|
83,435
|
X
|
|
|
76,656
|
79,339
|
82,116
|
|
83,435
|
X
|
|
|
79,341
|
82,118
|
84,992
|
|
83,435
|
X
|
|
|
82,340
|
85,222
|
88,205
|
|
85,938
|
X
|
|
|
|
|
|
|
88,441
|
|
|
|
85,823
|
88,827
|
91,936
|
|
90,944
|
X
|
|
|
|
|
|
|
93,447
|
|
|
SO B
|
85,040
|
88,016
|
91,097
|
8
|
94,710
|
X
|
|
|
87,771
|
90,843
|
94,023
|
|
94,710
|
X
|
|
|
90,729
|
93,905
|
97,192
|
|
94,710
|
X
|
|
|
93,967
|
97,256
|
100,660
|
|
97,551
|
X
|
|
|
|
|
|
|
100,393
|
|
|
|
97,479
|
100,891
|
104,422
|
|
103,234
|
X
|
|
|
|
|
|
|
106,075
|
|
|
SO C
|
94,573
|
97,883
|
101,309
|
9
|
109,060
|
X
|
|
|
97,600
|
101,016
|
104,552
|
|
109,060
|
X
|
|
|
100,899
|
104,430
|
108,085
|
|
109,060
|
X
|
|
|
104,386
|
108,040
|
111,821
|
|
109,060
|
X
|
|
|
108,158
|
111,944
|
115,862
|
|
112,332
|
X
|
|
SO D
|
104,838
|
108,507
|
112,305
|
|
109,060
|
Z
|
|
|
108,201
|
111,988
|
115,908
|
|
112,332
|
Z
|
|
|
|
|
|
|
115,604
|
Z
|
|
|
111,803
|
115,716
|
119,766
|
|
118,875
|
-
|
|
|
115,899
|
119,955
|
124,153
|
|
122,148
|
Z
|
|
|
120,334
|
124,546
|
128,905
|
|
122,148
|
-
|
Table 7 - Rates of Pay, Equivalent Grades and
Transitional Arrangements for Maritime Employees Transitioning to Transport for
NSW
|
Maritime
|
Maritime Salary
|
Effective from
|
Equivalent
|
|
Grade
|
$
|
1 July 2012
|
TfNSW
Grade
|
|
|
|
$
|
$
|
|
1
|
41,003
|
42,643
|
1
|
|
2
|
44,867
|
46,662
|
|
|
3
|
52,094
|
54,178
|
|
|
4
|
54,550
|
56,732
|
|
|
5
|
58,654
|
6,1000
|
|
|
6
|
61,421
|
63,878
|
2
|
|
7
|
66,032
|
68,673
|
|
|
8
|
69,145
|
71,911
|
3
|
|
9
|
74,332
|
77,305
|
4
|
|
10
|
77,840
|
80,954
|
5
|
|
11
|
83,680
|
87,027
|
|
|
12
|
87,624
|
91,129
|
6
|
|
13
|
94,195
|
97,963
|
7
|
|
14
|
98,627
|
102,572
|
|
|
15
|
106,021
|
110,262
|
8
|
|
16
|
111,011
|
115,451
|
9
|
|
17
|
119,322
|
124,095
|
|
NB: All Maritime Employees will transition to TfNSW under Code Z. The Maritime rates above have been
discounted from the enterprise agreement by 0.98668 to account for annual leave
loading which is incorporated in the Maritime rates but paid separately in this
Award.
SCHEDULE D
In accordance with clause 4.2 (b), the provisions contained
in this schedule will apply until the provisions of clauses 16, 17 and 22 of
the Award come into effect.
16. Hours of Work
16.1 The ordinary
hours of work shall be 35 hours per week.
16.2 Except as
provided for in Clause 16.11 and Part B of this Award, the ordinary hours shall
be worked between 7.30 am and 6.00 pm, Monday to Friday inclusive.
16.3 No Employee
shall be required to work more than five consecutive hours without a meal
break.
16.4 Meal breaks must
be given to and taken by Employees. Employees shall be entitled to an unpaid
meal break of not less than 30 minutes duration. For Employees working hours in
accordance with 16.7(a) with a prescribed break of more than 30 minutes, the
Employee and Employer may agree, when operationally convenient, to reduce the
break to not less than 30 minutes.
16.5 The ordinary
hours may be standard or flexible and may be worked on a full time or part time
basis.
16.6 The Employer
shall ensure that all Employees are informed of the hours of duty required to
be worked and of their rights and responsibilities in respect of such hours of
duty.
16.7 The following
working arrangements apply according to the requirements of the Employer:
(a) 7 hours, 22 mins
per day / 19 days per 4 week period (fixed); or
(b) flexible working hours (clause 17).
Employees working according to (a) above are excluded
from working under the flexible working hours scheme.
16.8 Employees
working in accordance with 16.7(a) will be entitled to:
(a) have an accrued day off (ADO) during each four week work
cycle; and
(b) where the Employee is directed to work and cannot take their
ADO during that four week work cycle then any such accrued ADO shall be carried
over and taken at a mutually convenient time.
16.9 Employees who
are lactating mothers may take lactation breaks for breastfeeding, expressing
milk or other activity necessary to the act of breastfeeding or expressing
milk. This is in addition to any other rest period and meal break as provided
for in this award.
(a) 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.
(b) 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.
(c) Employees
shall be provided with access to:
(i) a suitable private space, with comfortable seating, for the
purpose of breastfeeding or expressing milk; and
(ii) suitable facilities, such as refrigeration and a sink, where
practicable.
16.10 An Employee who is
required to undertake urgent personal business, attend to essential religious obligations
or is late for work, can seek approval to make up that
time on the same or on other days as agreed between the Employee and the
Employer or take flex leave if working under Flexible Working Hours (clause
17).
16.11 Additional
Conditions for North West Rail Link Community Information Centre Staff
(a) Employees
working in the North West Rail Link Community Information Centre may be required to work their ordinary
hours of duty:
(i) between 8.20 am and 4.20 pm on a Saturday; and
(ii) between 6.00 pm and 7.00 pm on a Monday to Friday,
provided such ordinary hours
shall be paid at the ordinary rate plus a loading of 50 per cent.
(b) The ordinary
hours of duty shall be worked over a two week roster cycle.
(c) Employees shall
not be required to work more than five consecutive days during the roster
cycle.
(d) The minimum
hours to be worked on a Saturday shall be four for Full Time Employees and
three for Part Time Employees.
17. Flexible
Working Hours
17.1 The provisions
of the Flexible Working Hours arrangements available to Employees are as
follows:
(a) A flexible
working hours scheme in terms of this subclause may
operate subject to operational requirements, as determined by the Employer.
(b) Flexible
working hours will accrue where an Employee works additional hours above 140
hours in a settlement period in accordance with this clause.
(c) Where the
operational requirements allow, the working of flexible hours under a flexible
working hours scheme shall be extended to an Employee working under a part time
work arrangement. Except for provisions contained in subclauses (j), (m) and
(n) of this clause, all other provisions under this subclause shall be applied
pro rata to an Employee working under a part time work arrangement.
(d) Attendance -
An Employee's attendance in excess of ordinary hours but within the bandwidth
shall be subject to the availability of work.
(e) Bandwidth -
The bandwidth shall be between the hours of 7.30 am and 6.00 pm Monday to
Friday.
(f) Coretime - The coretime shall be
between the hours of 9.30 am and 3.30 pm, excluding the lunch break.
(g) Lunch break -
The standard lunch period shall be no less than ½ hour and no more than 1 hour.
However, by agreement with the Employer, an Employee may take up to 2½ hours.
(h) Settlement
period - The settlement period shall be four weeks, and for time recording
purposes, the settlement period and flexleave must
coincide.
(i) Contract
hours - The contract hours for a settlement period shall be calculated by
multiplying the Employee's weekly contract hours by the number of weeks in a
settlement period.
(j) Flexible
working hours credit - An Employee may carry a maximum
of 10 hours credit into the next settlement period. Subject to clause 17.1(l)
and 17.1(o), additional hours are forfeited.
(k) Any credit of
hours outstanding on an Employee's last day of duty,
is to be paid by adding the monetary value to any unpaid salary or to the
monetary value of accrued annual/extended leave.
(l) Weekly hours
worked during the settlement period are to be monitored by the Employee and
their supervisor. If it appears that the Employee may exceed an accumulated
work time of 150 hours in a settlement period, or if the total hours of work in
a settlement period with the credit hour carry over from the previous
settlement period is likely to exceed 150 hours, the Supervisor shall, with the
agreement of the Employee, seek the approval of the Employer, in writing, to
allow the Employee to accrue additional hours worked above 150 hours per
settlement period for a period of up to 3 months and how, if accrued, the
additional hours are to be utilised through flexleave.
(m) Flexible working
hours debit - The following provisions shall apply to the carry
over of flexible working hours debits:
(i) A
debit of up to 10 hours at the end of a settlement period may be carried over
into the next period;
(ii) Where the
debit exceeds 10 hours, the excess will be debited from a following pay as
leave without pay, unless the Employee elects to be granted available annual or
extended leave to offset the excess.
(iii) Any debit of
hours outstanding on an Employee’s last day of duty is to be deducted from any
unpaid salary or the monetary value of accrued annual / extended leave.
(n) Flexleave - Subject to operational requirements:
(i) An
Employee may use credit hours to take off one full day or two half days in a
settlement period of 4 weeks.
(ii) Flexleave may be taken in divisions of 1/4 day, 1/2 day,
3/4 day or 1 full day.
(iii) Flexleave may be taken on consecutive working days.
(iv) Absences
on flexleave may be combined with other periods of
authorised leave.
(o) Banked days -
If an Employee is unable to take flex leave in accordance with paragraph (n) of
this subclause due to operational requirements, an Employee can bank flexleave and is entitled to have banked up to four untaken
flex days at any one time. Subject to approval, the Employee can take up to
four banked days plus the current settlement period’s
flex day, to take a maximum of five consecutive working days off at an
appropriate time. All banked days that are not taken by 31 January following
the year in which the days are banked are forfeited unless retention is
approved by the Director-General.
21. Overtime
21.1 General
(a) An Employee
may be directed by the Employer to work overtime, provided it is reasonable for
the Employee to be required to do so. An Employee may refuse to work overtime in
circumstances where the working of such overtime would result in the Employee
working unreasonable hours. In determining what is unreasonable, the following
factors shall be taken into account:
(i) The
Employee’s prior commitments outside the workplace, particularly the Employee’s
family and carer responsibilities, community obligations or study arrangements;
(ii) Any risk to
the Employee’s health and safety;
(iii) The urgency
of the work required to be performed during overtime, the impact on the operational
commitments of the organisation and the effect on client services;
(iv) The
notice (if any) given by the Employer regarding the working of the overtime,
and by the Employee of their intention to refuse overtime; or
(v) Any other
relevant matter.
(b) Payment for
overtime shall be made only where the Employee works directed overtime.
(c) Where a
flexible working hours scheme is in operation, overtime shall be deemed as the
hours directed to be worked before or after the bandwidth, provided that, on
the day when overtime is required to be performed, the Employee shall not be
required by the Employer to work more than 7 hours after finishing overtime or
before commencing overtime.
(d) If an Employee
is compensated for overtime
through any other arrangement, the Employee is not entitled to
the provisions in this clause.
21.2 Calculation of
Overtime
(a) Unless a
minimum payment in terms of subclause 21.3 (Overtime Rates) applies, overtime
shall not be paid if the total period of overtime worked is less than a quarter
of an hour.
(b) The formula
for the calculation of overtime at ordinary rates for Employees employed on a
five (5) day basis shall be:
|
Annual Salary
|
x
|
5
|
x
|
1
|
|
1
|
|
260.89
|
|
No of ordinary
hours of work per week
|
(c) To determine
time and one half, double time or double time and one half, the hourly rate at
ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated
to the nearest cent.
(d) Overtime is
not payable for time spent travelling.
21.3 Overtime Rates
(a) The provisions
of this clause shall not apply to shift workers as defined in clause 2
Definitions of this Award.
(b) Rates -
Overtime shall be paid at the following rates:
(i) Weekdays
(Monday to Friday inclusive) - at the rate of time and one-half for the first
two hours and at the rate of double time thereafter for all directed overtime
worked outside the Employee’s ordinary hours of duty, if working standard
hours, or outside the bandwidth, if working under a flexible working hours
scheme.
(ii) Saturday -
All overtime worked on a Saturday at the rate of time and one-half for the
first two hours and at the rate of double time thereafter.
(iii) Sundays - All
overtime worked on a Sunday at the rate of double time.
(iv) Public
Holidays - All overtime worked on a public holiday at the rate of double time
and one half.
(c) If an Employee
is absent from duty on any working day during any week in which overtime has
been worked, the time so lost may be deducted from the total amount of overtime
worked during the week, unless the Employee has been granted leave of absence
or the absence has been caused by circumstances beyond the Employee’s control.
(d) An Employee
who works overtime on a Saturday, Sunday or public holiday,
shall be paid a minimum payment as for three (3) hours work at the appropriate
rate.
(e) Rest Periods:
(i) An
Employee who works overtime shall be entitled to be absent until eight (8)
consecutive hours have elapsed.
(ii) Where an
Employee, at the direction of the supervisor, resumes or continues work without
having had eight (8) consecutive hours off duty then the Employee shall be paid
at the appropriate overtime rate until released from duty for eight hours. The
Employee will then be entitled to eight (8) consecutive hours off duty and
shall be paid for the ordinary working time occurring during the absence.
21.4 Recall to Duty
(a) An Employee recalled to work overtime
after leaving the Employer’s premises shall be paid for a minimum of three (3)
hours work at the appropriate overtime rates.
(b) The Employee shall not be required to
work the full three (3) hours if the job can be completed within a shorter
period.
(c) When an Employee returns to the place of
work on a number of occasions in the same day and the first or subsequent
minimum pay period overlaps into the next call-out period, payment shall be
calculated from the commencement of the first recall until either the end of
duty or three (3) hours from the commencement of the last recall, whichever is
the greater. Such time shall be calculated as one continuous period.
(d) When an Employee returns to the place of
work on a second or subsequent occasion and a period of three (3) hours has
elapsed since the Employee was last recalled, overtime shall only be paid for
the actual time worked in the first and subsequent periods with the minimum
payment provision only being applied to the last recall on the day.
(e) A recall to duty commences when the
Employee starts work and terminates when the work is completed. A recall to
duty does not include time spent travelling to and from the place at which work
is to be undertaken.
(f) An Employee recalled to duty within
three (3) hours of the commencement of usual hours of duty shall be paid at the
appropriate overtime rate from the time of recall to the time of commencement
of such normal work.
(g) This clause shall not apply in cases
where it is customary for an Employee to return to the Employer’s premises to perform
a specific job outside the Employee’s ordinary hours of duty, or where overtime
is continuous with the completion or commencement of ordinary hours of duty.
Overtime worked in these circumstances shall not attract the minimum payment of
three (3) hours unless the actual time worked is three (3) or more hours.
21.5 On-Call (Stand-By) and On-Call Allowance
(a) When required to be on call, an Employee
shall be:
(i) paid an allowance as set out in Item 1 of Schedule B per
rostered day or shift, and the amount as set out at Item 2 of Schedule B for a
non-rostered day or shift.
(ii) available outside of ordinary working hours;
(iii) able to be contacted immediately;
(iv) respond to an emergency/breakdown situation in a reasonable
time agreed with the Employer; and
(v) in a fit state, free of the effects of alcohol or drugs.
(b) If an Employee who is on call is called
out by the Employer, the overtime provisions as set out in clause 21.3 -
Overtime Rates shall apply to the time worked;
(c) Where work problems are resolved without
travel to the place of work whether on a weekday, weekend or public holiday,
work performed shall be compensated at ordinary time for the time actually
worked, calculated to the next 15 minutes.
21.6 Overtime Meal Breaks
(a) Employees not working flexible hours -
An Employee required to work overtime on weekdays for an hour and a half or
more after the Employee’s ordinary hours of duty on weekdays, shall be allowed
30 minutes for a meal and thereafter, 30 minutes for a meal after every five
hours of overtime worked.
(b) Employees working flexible hours - An
Employee required to work overtime on weekdays beyond 6.00 pm and until or
beyond eight and a half hours after commencing duty plus the time taken for
lunch, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a
meal after every five hours of overtime worked.
(c) Employees generally - An Employee
required to work overtime on a Saturday, Sunday or Public Holiday, shall be
allowed 30 minutes for a meal after every five hours of overtime worked. An
Employee who is unable to take a meal break and who works for more than five
hours shall be given a meal break at the earliest opportunity.
21.7 Overtime Meal
Allowances
(a) Employees required to work overtime for
an hour and a half or more immediately after their finishing time, without
being given 24 hours notice beforehand of the
requirement to work overtime, will either be supplied with a meal by the
Employer, or be paid the amount as set out at Item 3 of Schedule B for the
first and for each subsequent meal occurring every 4 hours thereafter. If not
required to work overtime, after having been so notified, payment will still be
made for the meals.
(b) Where the allowance payable under
paragraph (a) above is insufficient to reimburse the Employee the cost of a
meal, properly and reasonably incurred, the Employer shall approve payment of
actual expenses incurred by the Employee.
21.8 Rate of Payment for Overtime
An Employee
whose salary, or salary and allowance in the nature of salary, exceeds the
maximum rate for Transport Service Grade 8, as varied from time to time, shall
be paid for working directed overtime at the maximum rate for Transport Service
Grade 8 plus $1.00 per annum, unless the Employer approves payment for directed
overtime at the Employee’s salary or, where applicable, salary and allowance in
the nature of salary.
21.9 Payment for Overtime or Leave in Lieu
The
Employer shall grant compensation for directed overtime worked either by
payment at the appropriate rate or, if the Employee so elects, by the grant of
leave in lieu at the overtime rate in accordance with clause 21.3(b). This
leave shall be taken within three months of the overtime worked subject to
organisational convenience except where it is being used to look after a sick
Family Member. The leave shall be taken in multiples of a quarter of a day. If
leave in lieu is not taken within three months the overtime will be paid and
the leave in lieu cancelled.
21.10 Special Projects
(a) The Employer
may determine that in order to achieve the most efficient and effective service
for a special project, that it is necessary for staff who work flexitime hours
in accordance with clause 17, Flexible Working Hours, to suspend those
arrangements and in lieu work special overtime arrangements under a special
project approved by the Employer.
(b) In the event
that the Employer makes a determination in accordance with sub clause 21.10(a),
the Employee will be paid overtime for all hours worked in excess of 7 hours on
any one day, at the rates contained in Clause 21.3, regardless of whether the
work is undertaken within the standard flex time bandwidth for the duration of
the project.
M. J. WALTON J , President
____________________
Printed by the authority of the Industrial Registrar.