Forestry
Commission Division trading as Forests NSW Crown Employees Fieldwork and Other
Staff Award 2008-2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Forests
New South Wales.
(No. IRC 2332 of 2008)
Before Commissioner
Murphy
|
23 December 2008
|
AWARD
CONTENTS
Section 1 -
Framework
1. Title
2. Parties
3. Statement
of Intent
4. Scope
5. Award
entered into freely by all parties
6. Term
7. Definitions
8. Anti-Discrimination
9. Grievance
& Dispute Resolution Procedures
10. No Extra
Claims
11. Systems and
Technology
Section 2 -
General Employment and Hours of Work
12. Conditions
of Employment
12.1 Weekly Employment
12.2 Probationary Employees (new employees)
12.3 Term Employment
12.4 Part time Employment
12.5 Casual
employment
13. Hours of
Work
13.1 Ordinary Hours of Work
13.2 Variation of Ordinary Hours of Work
13.3 Ordinary Hours on Saturday/Sunday
13.4 Shift Work
13.5 Rostered Days Off
13.6 Travel to and from Work
13.7 Self-Managing Work Teams
13.8 Tea Break and Facilities
13.9 Meal Breaks
14. Overtime
(Excluding Fire Fighting)
14.1 Overtime Definition
14.2 Employees to Work Reasonable Overtime
14.3 Overtime Rates
14.4 Time off in Lieu of Overtime
14.5 Minimum Periods
14.6 Break from Duty (Overtime)
14.7 Overtime Meal Breaks
14.8 Meal Allowance for Overtime
Section 3 - Safety
15. First-Aid
and Health and Safety Issues
16. Uniforms
Carrying Forest NSW Logo
16.1 Uniforms
16.2 Boots
17. Tools and
Protective Clothing
18. Use of
Casuals and Contractors
19. Contractor’s
Protocol
Section 4 - Travel
Arrangements
20. Travel
Arrangements
20.1 Travelling when away from home base
20.2 Accommodation Expenses
20.3 Reimbursement for Accommodation and Meals- Overnight Stay
20.4 Camping Expenses
Section 5 -
Payment of Wages
21. Payment of
Wages
21.1 Salary Rates
21.2 Pay Period
21.3 Payment Method
21.4 Pay Advice
21.5 Payment on Termination
21.6 Performance Pay or Payment by Results
21.7 Salary Packaging
21.8 Deduction of Union Membership Fees
Section 6 -
Classification Structure
22. Classification
Structure
22.1 Classification of Employees
22.2 Purpose of Classification Structure
22.3 Classification Disputes
22.4 Higher Duties
Section 7 - Fire
Fighting
23. Fire
Fighting Duty (Applicable only to Field Employees Engaged in Fire Fighting
Duty)
23.1 Definition
23.2 Fire Fighting Health and Fitness Agreement
23.3 Roster Allowance
23.4 Fire Stand-by Duty Outside Normal Working Hours
23.5 On-call Duties
23.6 Immediate "On-Call": an hourly on call system
23.7 Minimum Periods- per overtime provisions
23.8 Fire Fighting Loading
23.9 Break from Duty- per overtime provisions
23.10 Travel To and From Fires
23.11 General Fire Fighting Requirements
23.12 Meals
23.13 Accredited Assessors Allowance
23.14 Reimbursement expenses if recalled for fire fighting when on
holidays
24. Fire Ground
Work- Workshops Employees
24.1 Introduction
24.2 Fire Fighting Loading
24.3 Normal Working Hours
24.4 Reimburse expenses if recalled for fire fighting when on holidays
25. On-Call
Arrangements and Allowances- Workshops Only
25.1 On-Call Duty
25.2 Expectations Whilst On-Call
25.3 Notice Period
25.4 On-Call Extra’s
25.5 AC Licence fees
25.6 Tool Coverage (Workshops Only)
Section 8 - Leave
26. Leave
26.1 General Provisions- Ministerial Leave Conditions (MLC)
26.2 Sick Leave
26.3 Public Holidays
26.4 Union Picnic Day
26.5 Recreation Leave Management
26.6 Personal Carers Leave
26.7 Family and Community Service Leave
26.8 Trade Union Training Leave
26.9 Parental Leave
26.10 Casual Leave Entitlements
26.11 Extended Leave Entitlements
Section 9 -
Miscellaneous
27. Miscellaneous
27.1 Temporary Relocation
28. Inclement
Weather
28.1 Definition
28.2 Continuation of Work
29. Area,
Incidence and Duration
Appendices:
Appendix 1 - Rates of Pay
Appendix 2 - Allowances
Appendix 3 - Statement of Responsibility Levels and
Promotional Criteria
Appendix 4 - Field Worker Classifications
Appendix 5 - Mechanical and Radio Services - Mechanical
Trades Classifications
Appendix 6 - Apprentices - Workshops and Nurseries
(i) Wage Rates
(ii) Apprentice training
Appendix 7 - Forest Research and Development -
Classifications
Appendix 8 - Grievance and Dispute Resolution Procedures
Appendix 9 - Equity Policy
Appendix 10 - Alcohol and Other Drugs Policy
SECTION 1 -
FRAMEWORK
1. Title of the Award
This Award shall be known as the Forestry Commission
Division trading as Forests NSW Crown Employees Fieldwork and Other Staff Award
2008-2009.
2. Parties
The parties to this Award are:
2.1 The Forestry
Commission of New South Wales trading as Forests NSW.
2.2 The Australian
Workers Union.
2.3 The Australian
Manufacturing Workers Union, New South Wales covering all field employees
employed by the Forestry Commission of New South Wales under Chapter 1A of the Public
Sector Employment and Management Act
3. Statement of
Intent
3.1 Parties have
entered into this Award on the understanding that it is directed towards high
quality and efficient services to the community and to Forests NSW customers.
3.2 The parties
acknowledge that the Award seeks to enhance the image and profile of Forests
NSW.
These objectives will be achieved through:
3.2.1 The creation and
maintenance of a high performance, high trust organisation with a genuine
partnership between Forests NSW and its Field Workers.
3.2.2 The acceptance of
change and commitment to continuous improvement and productivity by both the
Management of Forests NSW and its Field Workers.
3.2.3 The development
of an organisation based upon teamwork, flexibility, competence and opportunities
for organisational and personal development.
3.3 Achievement of
these objectives is expected to deliver savings in operating costs and genuine
productivity gains and the parties agree that the savings arising out of the
achievement of those objectives will be shared with employees and will be
reflected in the rates of pay prescribed in Appendix 1 of this Award.
3.4 The parties
further agree that negotiations will continue during the life of this Award in
relation to the implementation plans appropriate to each of the operational
areas covered in this Award.
3.5 The parties to
the Award agree to the review the classification structures listed in the Award
at Appendices 3, 4, 5, and 7. The
parties also agree to the establishment of a project team to facilitate and
support this review.
3.6 The format of
this Award has been revised and streamlined in discussions with the
parties. There has been no intention by
the parties to the award to delete or alter existing conditions other than
those varied by agreement.
4. Scope
4.1 This Award shall
wholly override all conditions of employment under the Crown Employees Skilled
Tradesmen (State) Award, and all previous versions of the Crown Employees
Fieldwork and Other Staff Award.
5. Award Entered Into
Freely By All Parties
5.1 The parties
agree that this Award was freely entered into, without duress, and all those
parties endorse the contents.
6. Term
6.1 This Award shall
operate from 23 December 2008 and remain in force for a period of 12 months. The increase to Rates of Pay is set out in
Appendix 1 and will apply from the first pay period on or after 1 July 2008.
6.2 The parties to
the Award agree to meet to re-negotiate the Award at least three (3) months
prior to its expiration.
7. Definitions
7.1 "Casual
employee" - means an employee engaged and paid on an hourly basis, who
receives a casual loading in lieu of all paid leave entitlements, excluding
long service leave.
7.2 "Employee"
- means and includes all persons permanently or temporarily employed by Forests
NSW under the Chapter 1A of the Public Sector Employment and Management Act 2002.
7.3 "Forests
NSW" - refers to the Forestry Commission of New South Wales, trading as
Forests NSW.
7.4 "Home
Base" - Home base is defined as a depot or customary place of start and
finish. A mutually acceptable written
agreement will be reached, at a local level, between Forests NSW, the relevant
Union and affected employees.
7.5 "Independent
Contractor" - means a person who typically contracts their services
through a company to achieve a result whereas an employee contracts to provide
his/her labour (typically to enable the employer to achieve a result).
Independent contractors can also be identified because they are not eligible
for PAYG tax.
7.6 "Part-time
employee" - means an employee, subject to the provisions of Chapter 2,
Part 5 of the New South Wales Industrial Relations Act 1996, who is
engaged for less than 38 hours per week, and who receives the same range of
entitlements as a full-time employee, including sick leave and annual leave,
but on a pro-rata basis in proportion to the hours worked. Part-time employees do not receive a casual
loading.
7.7 "Self
Managing Work Teams" - shall mean those work groups where the task is set
out and the resources available are provided by management together with time
and output criteria but where members of the team decide how the task will be
performed, given appropriate application of safe working practices and relevant
Forests NSW guidelines.
8. Anti-Discrimination
8.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity age and
responsibilities as a carer.
8.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the Award which, by its terms or operation, has a direct or indirect
discriminatory effect.
8.3 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.
8.4 Nothing in
this clause is to be taken to affect:
8.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
8.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
8.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
8.4.4 a party to this
Award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
8.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by 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 this 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".
9. Grievance and
Dispute Resolution Procedures
9.1 The employee
shall notify their immediate supervisor employer as to the substance of the
grievance, dispute or difficulty, request a meeting to discuss the matter with
the employer for bilateral discussions and, if possible, state the remedy
sought.
9.2 The grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority, if
required.
9.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti Discrimination
Act, 1977) that makes it impractical for the staff member to advise their
immediate supervisor the notification may occur to the next appropriate level
of management.
9.4 Reasonable time
limits must be allowed for discussion at each level of authority.
9.5 A staff member,
may, at any stage, request representation by an industrial organisation of
employees.
9.6 At the
conclusion of the discussions, the Forest NSW must provide a response to the
employee's grievance if the matter has not been resolved, including reasons for
not implementing any proposed remedy.
9.7 The matter may
be referred to the New South Wales Industrial Relations Commission if the
matter is unresolved following the use of these procedures. All parties agree to be bound by any order
or determination by the New South Wales Industrial Relations Commission.
9.8 While the
procedure is being followed, normal work must continue.
9.9 Refer to
Appendix 8 for further information.
10. No Extra Claims
The parties agree that they will not pursue any extra Award
or over-Award claims for the duration of this Award. This does not preclude either party’s right under Section 17 of
the New South Wales Industrial Relations Act 1996 to apply to the New
South Wales Industrial Relations Commission to vary or rescind the Award.
11. Systems and
Technology
The parties undertake to work together during the life of
the award to achieve administrative and operational efficiencies through the
use of improved systems and technologies.
SECTION 2 -
GENERAL EMPLOYMENT AND HOURS OF WORK
12. Conditions of
Employment
The parties to this Award are committed to implementing
changes as prescribed in this Award which will lead to genuine productivity
improvements. The following conditions
shall apply to all areas of employment covered by this Award as appropriate:
12.1 Weekly Employment
Full-time, part-time and term employees shall be
engaged by the week. An employee’s
engagement may be terminated by either the employee or the employer providing
one week's notice in writing or by payment or forfeiture, as the case maybe, of
one week’s wage in lieu of notice.
Provided that in the case of misconduct an employee’s engagement may be
terminated without notice.
12.2 Probationary
Employees (new employees)
12.2.1 Forests NSW may
initially engage a new full-time or part-time employee for a period of
probationary employment of not more than six (6) months for the purpose of
determining the employees’ suitability for ongoing employment. The employee must be advised, in writing, in
advance that the employment is probationary and of the duration of the
probation, which can be up to, but not exceed, six (6) months.
12.2.2 A probationary
employee is, for all purposes of the Award, a full-time or part-time employee.
12.2.3 Probationary
employment forms part of an employee’s period of continuous service for all
purposes of the Award, except where otherwise specified in this Award.
12.2.4 In circumstances
where an employee on probation is absent for any reason during the probation
for a period in excess of two weeks aggregated time and such absence affects
the employee’s orientation and basic training, the probation may be extended,
after consultation with the Union, for a further period of three (3) months. Forests NSW must give written notice of such
extension to the employee and the Union prior to the conclusion of the first
probationary period. Any notice after
the end of the first probationary period to extend is of no effect.
12.3 Term Employment
12.3.1 Term employment
means employment under this Award for a specified period of time. At the end of the specified period of time
the employment finishes.
12.3.2 A term employee is
covered by all the Award conditions available to permanent employees.
12.3.3 If, after
termination, a term employee is offered further employment either as a
permanent or another term, continuity of employment in regard to accrued sick
leave and other entitlements will be maintained.
12.3.4 Term employees
shall be engaged by a letter of offer and abide by the conditions of this Award
and by any local agreements that pertain to the Region in which they are
employed to which they agree in writing.
12.3.5 Term employees
will be employed for specific funded projects that will be defined in their
offer of employment. From time-to-time,
as the need arises, they may be required to perform duties within their
capabilities but not defined in their employment offer. Should these other duties exceed the duties
outlined in the original offer by more than 50%, the relevant Union will be
contacted and consulted in regard to a new employment offer to the affected
term employee/s.
12.3.6 During the period
of the employment term employees may apply and will be considered for vacancies
in competition with other internal applicants through the expression of
interest process. Term employees will
not be excluded from being able to apply for externally advertised Forests NSW
positions.
12.3.7 Term employment
can apply to externally funded positions and project work such as Comprehensive
Regional Assessments, FRAMES projects, Nursery planting and lifting operations.
12.3.8 Term employment is
not intended to replace permanent employment and will only be used for the
period specified in the letter of offer.
When a term employee has completed two (2) years of service or prior to
the expiration of the term employment (6 months where practicable) Forests NSW,
in consultation with the relevant Union (local Union delegate), will review the
term employee’s employment history regarding the consistency of their
employment with their original offer and any potential opportunities for
continuing employment.
12.3.9 Should the term
extend beyond five (5) years, pro-rata long service leave will also be paid on
termination.
12.4 Part-Time
Employment
Employees may work on a part-time basis, subject to the
provisions of Part 5 of the Industrial Relations Act 1996 provided that:
12.4.1 the ordinary hours
of duty are agreed between the employee concerned and Forests NSW and fall
within the same span of hours as applies or would apply to a full-time employee
undertaking the duties concerned;
12.4.2 the ordinary
working hours are fixed at not less than 4 hours per day worked;
12.4.3 Forests NSW
informs the relevant Union of the hours fixed for part-time employees. The
Union shall have seven (7) working days from the date of being advised to
object to the agreement through the Grievance Resolution Procedures prescribed
by Clause 9 of this Award. The Union
will not unreasonably object to an agreement under this sub-clause.
12.4.4 Permanent
part-time employees will be paid a weekly rate determined by the following
formula:
Applicable rate for full-time employee
|
´
|
(weekly hours of the part-time employee)
|
at the same classification
level
|
|
38
|
12.5 Casual
Employment
12.5.1 Engagement
(1) Casual employees
are engaged by the hour and may be terminated without notice.
(2) A casual
employee is paid on an hourly basis, and receives a casual loading in lieu of
all paid leave entitlements except long service leave.
(3) Casuals will be
employed for periods of no longer than six (6) months.
(4) Casuals will be
paid for a minimum of 3 hours for each engagement.
12.5.2 Rates of Pay for
Casual Employees
Casual employees will be paid per hour at the rate of
one thirty-eighth of the applicable weekly rate for a full-time employee at the
same classification level plus, subject to the provisions of Clause 20 Travel
Arrangements:
(1) for ordinary
hours of work, a casual loading of 24.6%, in compensation for the disadvantages
of casual work and in lieu of all paid leave entitlements (excluding long
service leave), including annual leave (where 24.6% is the cumulative
percentage obtained by applying a 15% casual loading and then applying an 8.33%
loading in lieu of annual leave);
(2) for overtime
hours, a casual loading of 15% in compensation for the disadvantages of casual
work, with the hourly rate so obtained then being used as the ordinary rate of
pay for the calculation of overtime; provided that casual employees will be
paid for a minimum of three hours for each engagement.
(3) Ordinary hours
of work for casual employees will be 38 hours per week -with a maximum of 10
hours in any one day.
12.5.3 Saturday, Sunday
and Public Holiday rates
(1) Casual employees
required to work on a Saturday as part of their ordinary hours of work will be
paid for that day at a rate of time and a half.
(2) Casual employees
required to work on a Sunday as part of their ordinary hours of work will be
paid for that day at a rate of time and three quarters.
(3) Casual employees
required to work on a Public Holiday as part of their ordinary hours of work
will be paid for that day at a rate of double time and a half.
(4) Casual employees
in Workshops who undertake work on weekends will be paid at normal overtime
rates.
12.5.4 Uniforms
Casual fieldworkers will be provided with Forests NSW
uniforms on the following basis:
(1) Less than 20
days service per year - Nil
(2) 21 days-3 months
service per year - 2 sets
(3) 3-6 months
service per year - 3 sets
12.5.5 Boots
(1) Forests NSW will
supply boots to casual employees.
(2) Casuals engaged
primarily for fire fighting will be supplied with fire fighting boots only.
SECTION 2 -
GENERAL EMPLOYMENT AND HOURS OF WORK
13. Hours of Work
13.1 Ordinary Hours of
Work
13.1.1 The ordinary hours
of work for all employees, other than casual employees, covered by this Award
shall be 38 hours per week. This may be
worked from:
(1) Monday to Friday
over 19 days of 8 hours each over a four week cycle; or
(2)
By mutual agreement to work any consecutive 5 out of 7 days
Monday to Sunday over 19 days of 8 hours each over a four week cycle.
13.1.2 The standard span
of hours will be between 6.00 am and 6.00 pm on each working day Monday to
Sunday, with the exception of shift work provisions.
13.1.3 The exceptions to
the above are:
(1) Research shall
work their ordinary hours Monday to Saturday but for particular project work,
on five (5) consecutive days, Monday to Sunday.
(2) Workshop
employees shall work their ordinary either :
(a) Between 6.00am
and 6.00pm, Monday to Friday: or
(b) By mutual
agreement between 6.00am to 6.00pm on five (5) consecutive days, Monday to
Saturday.
(3) Nursery
employees shall work their ordinary hours Monday to Sunday.
13.2 Variation of
Ordinary Hours of Work
13.2.1 The ordinary hours of work within the standard
span of hours may be varied by mutual agreement between Forests NSW and
the majority of affected employees in a particular group, region, district,
section or department, to suit operational needs.
13.2.2 Ordinary hours of
work may extend up to ten (10) hours on any one day by mutual agreement and may
be averaged out so that no employee works more than 38 ordinary hours per week
in any four (4) week period.
13.3 Ordinary hours on
a Saturday/Sunday
13.3.1 If required to
work on Saturday and/or Sunday, 5 days prior notice must be provided.
13.3.2 Payment for work
performed on Saturday under this clause will be paid at the rate of time and a
half. Payment for work performed on
Sunday under this clause will be paid at the rate of time and three quarters.
13.3.3 Fieldworkers who
work their ordinary hours on Saturdays and Sundays shall accrue additional days
of annual leave at the following rates:
(1) Forestry field
workers
Number of Ordinary
Saturdays/Sundays
|
Number of
Additional Days Leave
|
Worked During 1
December to30 November
|
|
or Part Thereof
|
|
|
|
7-14
|
1
|
15-21
|
2
|
22-26
|
3
|
No employee will be required to work more than 26
Saturdays/Sundays in any 12
month period.
(2) Workshop
employees
Number of Ordinary
Saturdays Worked During
|
Number of
Additional Days Leave
|
1 December to 30
November or Part Thereof
|
|
|
|
7-14
|
1
|
15-21
|
2
|
22-28
|
3
|
29-35
|
4
|
36 or more
|
5
|
(3) Research and
Nursery employees
Employees who are rostered to work their ordinary hours
on Sundays and/or Public Holidays during the period 1 December to 30 November,
or part thereof, shall be entitled to receive additional leave (to compensate
for working a number of shifts on Sundays and Public Holidays) as follows:
Number of Ordinary Shifts Worked on Sunday
|
Number of Additional Days Leave
|
and/or Public Holidays during 1 December -
|
|
30 November or Part Thereof
|
|
4-10
|
1
|
11-17
|
2
|
18-24
|
3
|
25-31
|
4
|
32 or more
|
5
|
13.4 Shift Work
13.4.1 Employees may be
required to work outside the normal span of hours (ie: from 6.00 pm to 6.00 am)
to address shift work (eg: fauna work, environmental, and security work).
Employees will be remunerated for this shift work by:
either -
(1) Payment at
appropriate overtime penalty rates as per clause 14.3 and subject to clause
14.5. Arrangements concerning
appropriate skills, numbers of shifts/week and period of rest before
recommencement of ordinary hours can be varied by mutual agreement between
Forests NSW and the majority of affected employees of a particular group,
Region, District, section or department to suit operational needs; or
(2) Being rostered
for a minimum weekly shift between Monday and Friday of shift work at the
standard hourly rate of time and three quarters. By mutual agreement the hours of any one shift may be averaged
out so that no employee works more than 38 shift hours/week in any four (4)
week period. Any hours worked outside these shift arrangements shall be paid at
overtime rates as per clause 14.3.
13.4.2 Adequate notice
for shift work will be given with a minimum period being 7 days in
advance. In the event that shift work
is to be cancelled (this does not include changing duties on the shift, eg:
emergency fire fighting, rescue and security work etc) then a minimum 48 hours
notice will need to be given to avoid payment of overtime penalty rates as per
this clause.
13.5 Rostered Days Off
13.5.1 Entitlement
(1) An employee’s
ordinary hours will be worked on no more than 19 days in each 28 day cycle,
Monday to Sunday with one day in each 28 day period being regarded as a
rostered day off (RDO). Each day of
paid leave taken and any public holidays occurring during any cycle of four
weeks shall, for the purposes of this paragraph, be regarded as a day worked.
(2) An employee who
has not worked 19 days in a complete 28 day cycle shall receive pro rata
accrued entitlements for each day worked (or for each fraction of a day
worked), payable for the rostered day off or, in the case of termination of
employment, on termination.
13.5.2 Scheduling RDOs
(1) An employee’s
RDO will be scheduled in advance of the 28 day cycle in which it occurs, taking
into account the interests of employees and ensuring that Forests NSW
operational needs are met having regard to seasonal, climatic and workload
factors.
(2) With a minimum
of twelve (12) hours notice to affected employees and without penalty to
Forests NSW, an RDO may be rescheduled once in each 28 day cycle to satisfy
operational needs. The agreed
substitute RDO is to be provided within the cycle and may only be deferred
under circumstances of fire or a similar state of emergency.
13.5.3 Accumulating RDO's
(1) Where the
majority of affected employees agree, each Region or Business Unit may nominate
up to five (5) consecutive cycles of four (4) weeks duration during which RDO's
will accumulate (that is, will be "banked"). Employees will then be
given an opportunity to take their accumulated RDO's prior to the commencement
of any further accumulation cycle.
(2) Employees may
take their accumulated RDOs by agreement with the appropriate Manager:
(i) consecutively
to a maximum of five (5) days; or
(ii) by working
nine-day fortnights; or
(iii) by a combination
of these two methods.
(iv) Employees may
agree with their manager to defer taking some of their accumulated RDO's,
provided that RDO's are not forfeited and provided that no more than five (5)
RDO's are accumulated at any one time.
(3) Once scheduled,
the only circumstance in which a "banked" RDO will be required to be
worked is in fire or similar state of emergency.
13.6 Travel to and
from Work
13.6.1 Agreements
(1) As far as
practical for forest field workers, and particularly where work is performed in
gangs, Forests NSW will provide transport to and from the job. Where an
employee is picked up by such transport on the way to work and dropped off by
it after work, that employee’s working day will be deemed to have commenced at
a time and place determined through written mutual agreement.
(2) Time taken by
vehicles provided by Forests NSW shall be no more than is reasonable given the
nature of the vehicle and the condition of the road. Transport provided by
Forests NSW shall leave promptly on the cessation of work and an employee shall
not be required to travel a further distance than that employee wishes to
travel. The vehicle provided shall have
suitable seating accommodation and a cover to protect employees from the
weather. Employees will not be
transported in a vehicle that is carrying explosives.
(3) The application
of these arrangements is governed by written agreements. The overall objective
of these travel arrangements is to optimise time on the work site and reduce
time spent at depots and travelling.
(4) The requirements
under this clause do not apply to Workshops employees.
(5) Garaging of
Vehicles
If it is operationally more efficient to garage the
Forests NSW vehicle overnight at a particular employee’s place of residence,
then such arrangements may be made by agreement. Such arrangements will cover, but not be confined to -
(i) the time and
place of commencement of work;
(ii) nomination of
pick-up and set-down points;
(iii) nomination of
an employee who will be the designated driver of a vehicle and responsible for
its overnight garaging at their place of residence; and
(iv) changes which
may need to be made to the arrangements depending on the location of the work
site.
(6) The travel
allowance based solely on a kilometre rate presently being paid for travel to
work will continue to be paid to the relevant employees (current and new) for
the duration of this Award and variations to it. Provided that where an employee travels alone to and from the job
and their home in a Forests NSW vehicle, then that employee’s present allowance
will be withdrawn.
13.7 Self-Managing
Work Teams
These teams will be established for activities where
greater productivity may be achieved by such a method of working. It is expected that such self-managing work
teams may wish to vary the ordinary hours of work or days of work and this may
be done through the method provided at clauses 13.1 and 13.2.
13.8 Tea Break and
Facilities
13.8.1 A tea break during
the morning period of not more than twenty minutes duration shall be allowed to
each individual employee, at a time to be arranged by Forests NSW, without
deduction from their wages.
13.8.2 Provided that
Forests NSW may grant a tea break of not more than ten minutes duration during
both the morning and afternoon periods of the working day, under the same
conditions as above. Where an afternoon
tea break is taken Forests NSW may direct that it be taken immediately prior to
ceasing time. The taking of the morning
tea break shall not necessarily involve a complete stoppage of work.
13.8.3 Forests NSW shall
provide employees with an adequate supply of cool and wholesome drinking water.
13.8.4 Employees will be
issued with a good quality thermos flask and will provide their own tea and
coffee. Lighting fires to burn all day
for warmth and cooking is acceptable practice.
This does not prevent the boiling of a billy within the two ten-minute
or a single twenty-minute break taken each day.
13.9 Meal Breaks
13.9.1 Employees, other
than shift workers, shall be entitled to a meal break each day of not less than
30 minutes in duration and not more than one hour; provided that the said meal
break shall be taken between 11.30am and 1.30pm. Such meal time shall not count
as time worked.
13.9.2 No employee will
be required to work more than 4 hours without a break or work through penalties
will apply in accordance with sub-clause 13.9.3.
13.9.3 Employees who have
not been afforded a meal break of at least 30 minutes in duration, commencing
by 1.00 pm, shall be paid overtime rates for all time worked between 1.00 pm
and the time when they do receive a meal break of no less than 30 minutes
14. Overtime
(Excluding Fire Fighting)
14.1 Overtime
Definition
Overtime is that time an employee is directed and
authorised to work which is either:
14.1.1 In excess of 38
hours per week; and/or
14.1.2 Outside the
ordinary hours of work, as established for each employee under Clauses 13.1 and
13.2.
14.1.3 Overtime will only
be payable for time on-duty at the work site.
Travel arrangements are covered under Clause 20.1.
14.1.4 Where overtime is
to be worked it should be, wherever possible, with the prior approval of
management.
14.2 Employees to Work
Reasonable Overtime
All employees undertake to work reasonable overtime as
requested, where possible, given reasonable notice.
14.3 Overtime Rates
14.3.1 Monday - Saturday
- Overtime will be paid for at the rate of time and a half for the first two
hours and thereafter at double time, to be calculated on the basis of each
completed unbroken period of overtime.
14.3.2 Sundays - double
time will be paid for all work performed on Sundays
14.3.3 Public Holidays -
double time and a half will be paid for all work performed on public holidays.
14.4 Time off in Lieu
of Overtime
Forests NSW may grant compensation for directed
overtime worked by granting leave in
lieu of payment. The following
provisions apply to the leave in lieu:-
14.4.1 The employee shall
advise their supervisor before the overtime is worked or as soon as practicable
on completion of overtime that they intend to take leave in lieu of payment.
14.4.2 The leave shall be
calculated at the same rate as would have applied to the payment of overtime in
terms of this clause.
14.4.3 The leave must be
taken at the convenience of the department, except when leave in lieu is being
taken to look after a sick family member.
14.4.4 The leave shall be
taken in multiples of a quarter day, unless debiting of leave in hours or in
fractions of an hour has been approved in the employee’s department or section.
14.4.5 Leave in lieu
accrued in respect of overtime worked on other than public holidays shall be
given by the Department and taken by the employee within three (3) months of
accrual, unless alternate local arrangements have been negotiated between the
Department Head and the relevant trade Union(s).
14.4.6 At the employee’s
election, leave in lieu accrued in respect of overtime worked on a public
holiday may be added to the employee’s annual leave credits and may be taken in
conjunction with annual leave.
14.4.7 An employee shall
be paid for the balance of any overtime entitlement not taken as leave in lieu.
14.5 Minimum Periods
An employee who works overtime:
14.5.1 on a Saturday,
Sunday or Public Holiday; or
14.5.2 by being recalled
after leaving work, prior to their next scheduled period of ordinary time duty,
14.5.3 shall be paid for
no less than four (4) hours work, at the appropriate rate.
14.6 Break From Duty -
(Overtime)
Following completion of overtime, an employee shall:
14.6.1 be released from
resuming ordinary duty for an unpaid period of ten (10) consecutive hours. This number of hours does not include time
spent travelling; or
14.6.2 if required to
resume or continue working without having had an unpaid break of ten (10)
consecutive hours, excluding travel, shall be paid at the rate of double time
until such a break is given or where, by mutual agreement, the break is reduced
to eight (8) hours, except for fire fighting where the ten (10) hour break must
be maintained as per clause 23.8; or
14.6.3 work in accordance
with the rest provisions contained in the shift work clause 13.4.
14.6.4 Provided that, if
the provision of an unpaid break under this sub-clause results in an employee
performing less than 38 hours of duty in a week (paid at either ordinary or any
other overtime or loaded rate), then any shortfall shall be paid at ordinary
rates.
14.6.5 The above ensures
a minimum of 38 hours will be paid at ordinary rates to all employees, other
than casuals, even when not worked.
14.7 Overtime Meal
Breaks
Employees working overtime will be entitled to a paid
meal break of 30 minutes -
14.7.1 after working 2
hours overtime following the completion of a full period of ordinary time, and
where more than 2 hours overtime is required;
14.7.2 after working
every four hours of overtime without a meal break; and;
14.7.3 where overtime on
a Saturday, Sunday or Public Holiday continues after 12 noon, in which case the
break will occur between 12 noon and 1.00 pm.
14.8 Meal Allowance
for Overtime
Employees who are directed to work overtime and who,
through insufficient prior notice ie: less than 12 hours), need to buy meals,
shall be paid a meal allowance for any meal break for which they are entitled
under subclause 13.9.2 at the rates specified below:
Breakfast Allowance:
|
$23.60
|
When required to start work before 6.00 am
|
|
|
|
Lunch Allowance:
|
$23.60
|
For overtime required to be worked after 1.30 pm on
Saturdays, Sundays or
|
|
Public Holidays
|
|
|
|
Dinner Allowance:
|
$23.60
|
When required to work after 6.00 pm
|
|
SECTION 3 SAFETY
15. First-Aid and Health and Safety Issues
15.1 Where practicable
no less than one of the employees in each gang of 3 or more shall have a
recognised qualification in first-aid.
15.2 A standard
first-aid kit shall be provided and maintained by Forests NSW on all work sites
to which this agreement applies.
15.2 On all forests
works where more than 50 employees are employed and hospital and/or medical services
are not readily available, an equipped first-aid station shall be provided at a
readily accessible location.
15.3 In the event of
any serious accident/incident, occurrence or serious illness occurring to any
employee whilst at work, in the camp or going to or from the camp, Forests NSW
shall provide transport facilities to the nearest hospital or doctor at its
expense.
15.4 Any employee at
classification level 1 to 4 inclusive who is appointed by Forests NSW to
perform first-aid duty to any gang of 3 or more shall be paid a first-aid
allowance of $13.25 per week. If
current employees at Levels 4-6 remain qualified and are performing first aid
duties they will continue to receive the first-aid allowance. Any future employees 5.1 and above shall not
receive the first-aid allowance.
There should only be one first-aid allowance paid per
crew.
The above first aid allowance is linked to movement in
the relevant rate expressed in the Crown Employees Public Sector Conditions of
Employment) Award Reviewed Award 2006.
15.5 The parties
recognise that given the varied and demanding nature of tasks undertaken by
employees of Forests NSW, further negotiations will consider health-related
issues such as stress management and workplace fitness.
15.6 The parties are
committed, as part of their objective to ensure the health, safety and welfare
of employees, to work in accordance with the Occupational Health and Safety
Act 2000.
15.7 The parties to
this Award will take a constructive role in promoting improvements in
occupational health, safety, welfare and rehabilitation, and employees will
comply with the Forests NSW safety management system.
16. Uniforms Carrying
Forests NSW Logo
16.1 Uniforms
16.1.1 The wearing of the
Forests NSW uniform, when supplied, is compulsory whilst on duty.
16.1.2 The range of
uniforms will be determined at the corporate level.
16.1.3 Workplace
Managers, in consultation with the Occupational Health and Safety Committee,
will determine what is appropriate for their local workplace from the corporate
range only.
16.1.4 Employees may
choose, with the approval of their Workplace Manager, to include a part issue
of the dress uniform in their overall uniform entitlement. Where possible uniforms should be
Australian-made.
16.1.5 All Field Workers
and Workshop employees will be provided with a Forests NSW uniform consisting
of six (6) shirts and a combination of trousers and shorts totalling six (6), a
combination of up to a total of three (3) appropriate winter coats,
windcheaters or jumpers where appropriate for the climate, five (5) pairs of
socks and appropriate boots.
16.1.6 Workshop employees
will get an initial issue of (three) 3 pairs of overalls.
16.1.7 Uniforms will be
replaced on a fair wear and tear ‘as needs’ basis.
16.2 Boots
16.2.1 The cost of
replacement boots up to a maximum of
$279 (inclusive of GST) will be paid annually or boots will be supplied
by agreement with affected employees.
16.2.2 The cost of
replacement boots will be paid annually via one of the following three options:
(1) Forests NSW
purchases direct replacement boots on a "fair wear and tear" basis
from an approved list. This option may be selected by agreement being reached
with the majority of affected employees within a Business Unit, or
(2) An allowance of
$279 per annum will be paid via payroll (subject to tax) on 1 April each year;
or
(3) annual
reimbursement, on production of a receipt, to a maximum of $279 per annum which
will be reimbursed within two (2) pay periods on production of a receipt.
16.2.3 Fire fighting
boots will be supplied separately and replaced on an "as needs"
basis.
16.2.4 The boot allowance
is to be paid within two (2) pay periods.
16.2.5 Employees are
responsible for attending work at all times in boots that meet Forests NSW
specifications.
16.2.6 Fire fighting
boots will be supplied separately to all employees approved to carry out fire
fighting duties.
17. Tools &
Protective Clothing
17.1 All tools
required by employees shall be provided free-of-charge by Forests NSW, other
than in Workshops where a tool allowance is paid.
17.2 Approved safety
hats shall be provided by Forests NSW and worn as a condition of employment,
unless the use of safety hats is specifically exempted by order of the relevant
manager.
17.3 Where necessary,
Forests NSW shall provide all necessary personal protective equipment (eg:
masks, goggles, gloves and protective glasses and clothing).
17.4 An employee whose
clothing is spoiled by acids or sulphur or other deleterious substances, due to
the circumstances of his/her employment, shall be recompensed by his/her
employer to the extent of his/her loss.
17.5 All employees
engaged on fire fighting shall be issued initially with two pairs of
combination overalls. Such protective
clothing must be worn whilst fire fighting. Replacement of overalls will be on
a ‘needs’ basis and employees will be responsible for the laundering of their
own overalls.
18. Use of Casuals
and Contractors
18.1 All employees
covered by this Award will, subject to appropriate consultation with the
relevant local Union delegate or organiser, agree to work alongside casual
employees or contractors engaged to meet short-term demands to maintain
efficiencies and to meet specified increased output requirements and productivity
levels.
18.2 Where the work
conducted requires specialist skills, tools, plant or equipment, Forests NSW
will consider the provision of training and/or hiring of such plant etc to
enable its employees to carry out the work.
18.3 Where it is
impractical for work to be carried out by employees because specialist skills
and/or equipment are unavailable or the timeframe is unacceptable, contractors
may be hired to perform the work.
18.4 Where work is
presently carried out by Forests NSW employees, the parties agree that in order
that the issues of contracting out can be fully considered, consultation will
take place between Forests NSW and the relevant local Union delegate or
organiser prior to initiating any change in the status quo.
18.5 For fire fighting
and hazard reduction burning, priority will be given to the use of available
trained and qualified Forests NSW employees.
19. Contractor’s Protocol
19.1 Where a
contractor or sub-contractor is required to carry out work, Forests NSW will:
19.2 Ensure that all
tenders are properly scrutinised to ensure that prospective tenderers would, if
successful, pay the appropriate Award rate, provide conditions that comply with
the Award and other statutory provisions, and meet
19.3 Forests NSW
specific standards that include safe working practices and compliance with the
Occupational Health and Safety Act 2000.
19.4 On becoming aware
that a contractor or sub-contractor is in breach of the terms of the contract
in relation to wages and conditions, Forests NSW will require the contractor to
rectify the situation immediately.
19.5 Should the
breaches continue, Forests NSW could implement the penalties under the terms of
the contract, which could include terminating the contract if deemed
appropriate and necessary.
SECTION 4 - TRAVEL
ARRANGEMENTS
20. Travel
Arrangements
20.1 Travelling when
away from home base
20.1.1 Time spent
travelling (ie: not driving) on official business during ordinary hours of work
is regarded as normal duty and is compensated within an employee’s minimum rate
of pay as prescribed by Clause 21. Time
spent travelling on official business outside ordinary hours of work will
attract additional payment calculated at the employee’s ordinary rate of pay,
except travel to another region for the purposes of fire fighting where an
employee will be entitled to paid overtime for all hours outside ordinary
hours.
20.1.2 Where an employee
is required to travel in a Forests NSW vehicle outside of normal working hours
when away from home base, they shall be paid at the applicable overtime rate
for all time outside their ordinary hours, minus the time they would ordinarily
travel in their own time to and from home base. Travel will be at the
discretion of management and ordinary hours may be adjusted to be compatible
with the purpose of travel (for example, to accommodate training courses or
meeting requirements).
20.2 Accommodation
Expenses
20.2.1 Overnight
Accommodation (When Away From Home On Work Related Business)
(1) Accommodation is
to be consistent with the Public Sector requirement that reasonable
accommodation at a reasonable cost will be provided.
(2) As a guide,
accommodation will be, wherever practicable, one person to a room with en-suite
bathroom facilities. Facilities are
expected to be clean and in good order.
The standard will be equivalent to a minimum of the NRMA 3 star
definition.
(3) The exception to
this guide is for emergency circumstances such as fire fighting. Management must make all possible endeavours
to achieve the guideline however, it must be understood that such accommodation
at short notice will often be impossible.
(4) Similarly, in
some major fire occurrences, all employees must realise that accommodation will
be organised by other agencies and may not be to our normal standard.
20.2.2 Reimbursement of
Meal Expenses - No Overnight Stay
(1) Expenses
incurred by employees when they are required to travel on official business
outside their normal working hours without having to remain away from home base
overnight and where meals are not provided by Forests NSW, will be reimbursed
to the level specified in this subclause.
This entitlement to reimbursement is in lieu of any expenses that may
otherwise apply under clause 14.8.
Receipts will not be required to substantiate meal expenditures claimed
up to the levels set below.
|
|
When travel starts before 6.00 am
|
$21.10
|
|
|
|
|
When the staff member is unable to have lunch at his/her
normal workplace
|
$23.65
|
|
|
|
|
When work or travel goes beyond 6.30 pm
|
$40.65
|
20.3 Reimbursement for
Accommodation and Meals - Overnight Stay
20.3.1 When an employee
is required to work away from home base involving an overnight stay, Forests
NSW will either:
(1) make an arrangement
with a provider to meet the actual cost of bed and breakfast and a telephone
call home by placing an order on the provider; or
(2) provide the
employee with a cash advance to meet the expected cost of accommodation.
20.3.2 A cash advance
will be made to an employee to cover incidentals and meals, except where
Forests NSW arranges payment for meals directly with the provider.
(1) That advance
will allow for the following level of expenditure:
Breakfast (if not
included in the accommodation charge)
|
$21.10
|
Lunch (if not included in the accommodation charge)
|
$23.65
|
Dinner in the country (if not included in the
accommodation charge)
|
$37.15
|
Dinner in the city (if not included in the accommodation
charge)
|
$40.65
|
Incidental allowance (per night spent away)
|
$20.30
|
20.3.3 Receipts will not
be required to substantiate meal expenditures claimed up to the levels set in
clause 20.3.2.above. Expenses incurred
over and above these amounts will only be reimbursed where:
(1) Receipts
substantiating all the meal and incidental expenses for the period away from
home base are provided.
(2) The total meal
and incidental expenses for the time away from home base exceed the total
amount to which the employee is entitled under clause 20.3.2. above; and
(3) If the expenses
incurred are considered by Forests NSW as being reasonable in the circumstances
concerned.
20.3.4 Costs incurred
other than accommodation, meal or incidental expenses (for example, bus or rail
fares), will be reimbursed upon production of receipts. However, where
practicable, either an appropriate advance or a cab charge facility will be
provided.
20.3.5 Any extraordinary
additional costs incurred at home base and caused directly by the employee
being required to travel away from home and remain away overnight will be
reimbursed upon production of receipts. Such additional costs might include,
for example, emergency childcare.
20.4 Camping
Expenses
20.4.1 Employees required
to camp out shall be reimbursed for expenses associated with food, other
incidental items and the general hardships of camping, as follows:
(a) When camping at an established camp where facilities
such as cubicles, a wash
|
$26.20
|
.house and a kitchen area are already set up
|
|
(b) When camping at a non-established camp (which will
include caravans), or where
|
$34.35
|
facilities must be set up by the employee.
|
|
(c) To cover the cost of hiring additional equipment which
Forests NSW is unable to
|
$26.00
|
supply.
|
|
(d) When the employee supplies their own sheets, blankets
or sleeping bag.
|
$4.50
|
(e) When employees camp for more than 40 days.
|
$8.25
|
20.4.2 Please note the
above allowances are paid as a daily allowance per each overnight stay.
20.4.3 The incidental
allowance as per Clause 20.3.2. is paid for overnight camping stays as
compensation for incidentals incurred (per night away).
These rates will move in accordance with the rates in
the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2006.
SECTION. 5 PAYMENT OF WAGES
21. Payment of Wages
21.1 Salary rates
Refer to Appendix 1, Rates of Pay.
21.2
Pay Period
21.2.1 The pay period for
ordinary pay shall be the current fortnight.
Adjustments for overtime penalties and allowances will be paid a
fortnight in arrears. Refer to Appendix
1, Rates of Pay.
The flexibility provided in this clause allows
management to cover most situations to ensure field workers are paid on the
Thursday following the end of the period on Sunday.
21.2.3 This flexibility
allows management the option of delaying payment by a fortnight of all overtime
earned over the last weekend of the pay period, particularly in the instance of
ongoing fire fighting activities.
21.3 Payment Method
Wages shall be paid into a bank or other account,
except in hardship or other exceptional circumstances where payment will be
made by cheque subject to cashing facilities being available within twenty-four
hours of the employee’s normal pay day, provided further that where the
employee’s normal pay day is a Thursday, cashing facilities shall be available
by 5.00 p.m. on that day.
21.4 Pay Advice
By Friday (close of business) of pay week, each
employee shall be issued with pay advice showing at least the gross amount of
wage and the details of any deductions made from the employee’s earnings, in
accordance with Section 123 of the Industrial Relations Act 1996.
21.5 Payment on
Termination
When an employee is terminated by Forests NSW, the
employee shall be paid all of the wages due at the time of the employee’s
termination. In the case of resignation,
the remainder of any wage due to the employee shall be paid at or before the
expiry of notice of resignation. In the
case of any delay beyond the time herein stated, the employee shall be paid at
the given wage rate for all working time that the employee is kept waiting.
21.6 Performance Pay
or Payment by Results
Subject to an employee receiving at least the minimum
wage rate to which the employee is entitled under this Award, Forests NSW may
remunerate employees under any system of payment by results based on rates
which are agreed between Forests NSW, the affected employee(s) and the
Union. The terms of such agreements
will be subject to consultation with the Union.
21.7 Salary Packaging
21.7.1 Salary packaging
gives employees the discretion to determine the mix of salary and benefits that
will constitute their remuneration package.
21.7.2 It is recommended
that employees wishing to commence salary packaging must obtain independent
financial counselling to ensure that their salary package suits their personal
and financial requirements.
21.7.3 Employees
interested in utilising salary packaging should refer to the salary packaging
guide on Human Resources Division’s intranet site.
21.7.4 Participation in
salary packaging is voluntary. The following benefits are available:
(1) Additional
contributions to First State Super;
(2) Additional
contributions to a private superannuation fund;
(3) Motor Vehicles
(for 100% private use) by way of novated lease; and
(4) Laptop or
Notebook computer (business use per ATO rulings)
21.7.5 Employees may
nominate an annual amount for each of the three benefits, Fringe benefits tax
and the administration fee provided that the total amount does not exceed 50%
of their salary.
21.7.6 A detailed
description is provided in the salary packaging guide on the intranet site or
can be obtained from your local office or by contacting Human Resources.
21.8 Deduction of
Union Membership fees
21.8.1 The Union shall
provide Forests NSW with a schedule setting out Union fortnightly membership
fees payable to members of the Union in accordance with the Union’s rules.
21.8.2 The Union shall
advise Forests NSW of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of fortnightly membership fees payable shall be provided to
Forests NSW at least one month in advance of the variation taking effect.
21.8.3 Subject to 21.8.1
and 21.8.2 above, Forests NSW shall deduct Union fortnightly membership fees
from the pay of any employee who is a member of the Union in accordance with
the Union’s rules, provided that the employee has authorised Forests NSW to
make such deductions.
21.8.4 Monies so deducted
from employee’s pay shall be forwarded regularly to the Union together with all
necessary information to enable the Union to reconcile and credit subscriptions
to employees’ Union membership accounts.
21.8.5 Unless other
arrangements are agreed to by Forests NSW and the Union, all Union membership
fees shall be deducted on a fortnightly basis.
21.8.6 Where an employee
has already authorised the deduction of Union membership fees for their pay
prior to this clause taking effect, nothing in this clause shall be read as
requiring the employee to make a fresh authorisation in order for such
deductions to continue.
SECTION 6 -
CLASSIFICATION STRUCTURE
22. Classification
Structure
22.1 Classification of
Employees
The classification of an employee will be determined by
the level of responsibility and skill that the employee is required to
exercise. The responsibilities and
skills required to be exercised at each level in the classification structure
are defined in Appendices 3, 4, 5, 6 and 7 along with relevant promotion
criteria for advancement between levels.
22.2 Purpose of
Classification Structure
22.2.1 All employees
agree to the concept of multi-skilling at all levels and recognise that broader
job requirements will continue to lead to ongoing elimination of the boundaries
between jobs now classified at the same level.
The classification structure is designed to:
(1) recognise
competencies achieved and used;
(2) group all
employees covered by this Award into one of six (excluding apprenticeship) levels;
(3) allow for career
progression through the incremental acquisition and use of skills;
(4) clarify steps in
the career progression beyond which a particular established position is filled
through a selection process;
(5) allow skill
deficits to be readily recognised and training programs developed to bridge
"gaps"; and
(6) facilitate the
development of Self-Managing Work Teams.
22.3 Classification
Disputes
22.3.1 Field workers may
seek resolution to disputes regarding classifications by referring matters to
the Industrial Relations Manager - Human Resources Division.
22.3.2 A Classification
Disputes panel/job evaluation panel, functioning as an impartial third party
forum, may then be convened to examine any anomalies. The panel’s role would be to review classifications/gradings
based on an agreed position description and make a recommendation on
appropriate grading based on formal job analysis and evaluation procedures.
Such job analysis/evaluation will be consistent with Department of Primary
Industries/Forests NSW job evaluation procedures.
Panel composition will be as follows:
(1) a Human
Resources representative
(2) two Field Worker
representatives (AWU / AMWU)
(3) two local
Forests NSW (employer) representatives
(4) Panel
composition may be reviewed after 12 months of the award being in effect.
(5) If you wish to
refer a classification issue please contact Human Resources.
22.4 Higher Duties
22.4.1 An employee who,
for a temporary period, is required to fully exercise the skills and
responsibilities of another position occupying a higher classification level
than their ordinary level, will be entitled to receive the appropriate rate
applicable to that higher level in the following circumstances:
(1) employees
required to perform higher duties in a position classified at or below Level 4,
for a full day or part thereof, will be paid at that higher level for the whole
day;
(2) employees
classified at Level 4 or below, who are required to perform higher duties in a
position classified at Level 5 or above, involving supervision, for a
continuous period of no less than a full working day, will be paid at entry
Level 5.1 for the whole day;
(3) employees
classified at Level 5 or above who are regularly and routinely required to
perform higher duties, for a cumulative period of at least five full working days
over any four (4) week period, will be paid at the appropriate level for those
days on which higher duties is performed pursuant to Appendices 3 and 4 of this
Award.
The appropriate rate will be determined based on the
aggregate of the previous experience of the employee in the role.
22.4.2 Notwithstanding
the above, Forests NSW may, at its discretion:
(1) pay higher
duties to employees who are required to perform non-routine functions at a
higher level and who are not otherwise entitled to receive a higher duties
payment;
(2) pay a partial
duties payment to employees who are required to exercise a substantial
proportion, but not fully perform, the skills and responsibilities of another
position occupying a higher classification level. Such payment to be commensurate with the proportion of skills and
responsibilities exercised at the higher level.
22.4.3 An employee
proceeding on annual leave or sick leave may continue to receive a higher
duties allowance provided that the employee has been regularly and consistently
in receipt of the allowance immediately prior to commencing leave and would
have been reasonably expected to continue on higher duties but for their
absence on leave.
22.4.4 If higher duties
are performed for an extended period (6 months +) then consultation will take
place with the appropriate local Union delegate/official.
NB Where an employee
acts in a position each separate period will be counted toward progression
through the increments of the grade.
However, aggregation does not apply over any break
exceeding six months and any period of leave during which the allowance was not
paid is not counted in the aggregation.
SECTION 7 - FIRE
FIGHTING
23. Fire Fighting Duty (Applicable Only to Field
Employees Engaged in Fire Fighting Duty)
23.1 Definition
23.1.1 For the purposes
of this clause, fire-fighting duty includes:
(1) Travel to and
from the fire, surveillance of a running fire, fire suppression and mop-up
(including logistical support, eg: meal delivery, fuel delivery etc), either
within or outside normal working hours.
(2) At the
completion of mop-up and where subsequent patrol of the fire is undertaken,
this will not be considered as fire
fighting. If, during the course of this
patrol, further active mop-up work is required; eg: use of water or chainsaw work, then this would be paid as
fire fighting, provided that a minimum of one (1) hour’s work of this nature
has been undertaken.
23.1.2 Fire stand-by
duty, fire detection (both fire tower operation and mobile fire patrol) outside
normal working hours.
23.1.3 For the purposes
of this clause fire fighting does not include:
(1) hazard reduction
burning
(2) travel to and
from other Regions to undertake fire fighting
(3) fire detection,
both fire tower operation and mobile fire patrol during normal working hours.
23.1.4 Note: Hazard
Reduction (HR) includes both post harvest and broad area burning. In instances
where HR burns have minor breakaways and are contained by the crews initially
deployed for the hazard reduction operation, this will not be considered to be
fire fighting. Where it is necessary to
report the breakaway to the office requesting additional resources, this will
be considered as fire fighting until the breakaway is contained.
23.2 Fire Fighting Health
and Fitness Agreement
23.2.1 In compliance with
Forests NSW duty of care, major initiatives have been implemented to improve
the fitness standards of Forests NSW employees who are required to undertake
fire fighting duties. These initiatives
resulted in the Fire Fighting Health and Fitness Agreement (FFHF).
23.2.2 All parties to
this award are committed to the principles of fire fighting fitness and are
fully committed to implementing the fire fighting health and fitness guidelines
as expressed in the FFHF Agreement. The
FFHF agreement is to be read in conjunction with this Award. Participation in
the Fire Fighting Health and Fitness program is by consent. It is a process
established to ensure all available resources for fire fighting are used in roles
that suit their medical condition and level of fitness. It has no bearing on
employee’s normal duties.
23.2.3 An incentive
allowance of $237 per annum will be paid to each permanent fire fighter on
passing the Task Based Assessment each fire season. The allowance is an
incentive for employees to actively improve their fitness levels to pass both
medical and physical tests on an annual basis.
23.2.4 Refer to the FFHF
Agreement and Guidelines on Forests NSW intranet site for further details.
23.2.5 For those
Fieldworkers conducting Task Based Assessments, and who hold a certificate in
the FFHF task based assessment, they will be entitled to a $6.45 per hour
allowance. This allowance will move in line with the Accredited Assessor
Allowance.
23.3 Roster Allowance
23.3.1 Permanent and
temporary employees on an on-call roster for on-call, stand-by and fire
fighting will be paid a roster allowance. For each week the employee is
rostered to be on-call, a $120 per week will be paid.
23.3.2 If called out, the
minimum payment for recall is 4 hours at the appropriate penalty rate.
23.4 Fire Stand-by
Duty Outside Normal Working Hours
23.4.1 Employees may be
required to undertake fire stand-by when the fire season situation requires a
high state of readiness.
23.4.2 Fire Stand-by Duty
will be implemented to enhance Forests NSW state of preparedness and will
include fire fighting, as required, the strategic location of field workers for
fire lookout and to facilitate quick access to fire and work to be performed in
accordance with clause 23.4 .3 below:
23.4.3 Work performed
during fire stand-by duty should be designed so as not to be strenuous,
ensuring crews are fresh and ready for fire attack; ie: except in an emergency situation work shall be generally of a
minor nature. Any stand-by duties
should enhance the state of fire preparedness.
Work should be located at strategic points to facilitate quick access to
fire.
23.4.4 Radio, telephone
or mobile phone contact must be maintained at all times by work being within
hearing distance of either of these communication devices.
23.4.5 Fire stand-by
duties can be varied to suit the fire situation and related Occupational Health
and Safety needs.
23.4.6 If not so advised
within 12 hours of the nominated start time that duty is not required, payment
will be two (2) hours at the fire fighting rate (Clause 23.7).
23.5 On Call Duties
23.5.1 Employees may be
required to be on-call and available for fire fighting duties generally during
periods of a low state of fire preparedness. 'On-call' provisions are not
intended to be, nor should they be seen as, a substitute for fire stand-by
duty.
23.5.2 It is expected
that "on-call" will only apply intermittently and for very short
periods (eg: right at the beginning or right at the end of a fire season) and
nominated persons will be paid $120 per week when rostered to be
"on-call".
23.5.3 If called out, the
minimum payment for recall is 4 hours at the applicable penalty rate.
23.5.4 For employees on
call a vehicle will be provided with limited private use so there is personal
flexibility. Forests NSW will also
provide radio/mobile phone/pager as required to ensure the Field Worker
'on-call' can respond and go to work immediately.
23.6 Immediate
"On-Call": an hourly on call system
"On Call" is a system whereby an employee is
on a roster to be recalled to work (eg bushfire). It means staying at home or within a reasonable response time,
but being available and fit to attend work if necessary.
"Intermediate On Call" where there is a need
for additional resources, particularly in times of High to Extreme weather
conditions employees may be required to be on "Immediate on call" for
a specified period of time by agreement. While on immediate on call employees will
be paid 1/3 of their ordinary hourly rate.
23.6.1 If called out, the
minimum payment for recall will be 4 hours pay at the applicable penalty rate.
23.6.2 For employees on
call a vehicle will be provided with limited private use so there is personal
flexibility. Forests NSW will also provide radio/mobile phone/pager as required
to ensure the Field Worker ‘on call’ can respond and go to work immediately.
23.7 Minimum Periods -
per Overtime Provisions
23.7.1 Minimum periods
and Meal Breaks (Cribs) will be in accordance with overtime provisions.
23.8 Fire Fighting
Loading
23.8.1 Fire fighting will
be compensated by a loading in lieu of the overtime rates and conditions
specified in Clause 14 and the benefits associated with ordinary time on duty
on Saturdays, Sundays and Public Holidays specified in sub-clause 26.3.
23.8.2 The rates for the
loading are:
Time of Fire Fighting Duty
|
Loading
|
During normal working hours Monday to Friday
|
Time and a quarter
|
Outside normal working hours, Monday to Friday
|
Time and three quarters
|
On Saturdays
|
First two hours at time and half
|
|
Double time thereafter
|
On Sundays
|
Double time
|
On Public Holidays
|
Double time and half
|
23.8.3 In applying the
above, no employee should revert to a lower loading during a current shift whilst
fire fighting.
23.8.4 In calculating
this loading for casual employees, the time and a quarter loading will be
calculated after inclusion of the 24.6% casual loading; whereas all other
loadings will be calculated after the inclusion of the 15% casual loading only.
23.9 Break from Duty
per Overtime provisions
23.9.1 Following
completion of duty, an employee shall either:
(1) Be released from
resuming ordinary duty for a period of ten (10) consecutive hours; ie: once at
home or at alternate accommodation (eg: hotel, motel or camp). This number of
hours does not include time spent travelling;
or,
(2) If required to
resume or continue working without having had a break of ten (10) consecutive
hours, excluding travel, shall be paid at the rate of double time until such a
break is given.
(i) Where fire
fighting for one night results in part or all of the 10 hour break occurring in
the next day’s ordinary hours of work there will be no loss of pay for those
ordinary hours.
(ii) Fire Fighting
for one night will result in payment at ordinary time for any of the 10 hour
break which continues into the next day’s ordinary hours of work as per Clause
13.1.
(iii) Fire fighting
beyond one continuous night (ie: goes into the second and subsequent nights)
will be deemed to be a shift situation.
In this instance, any ten (10) hour break occurring during ordinary
hours of work will not be a paid break, provided that when reverting to normal
duties (within a normal working week) that each employee will be entitled to a
minimum of ten (10) consecutive hours break without any loss of pay for
ordinary hours of work occurring during that break.
(3) The above
ensures a minimum of 38 hours will be paid at ordinary rates to all employees,
other than casuals, even when not worked.
23.10 Travel To and
From Fires
Fire fighting commences from the time the employee
leaves home or alternate accommodation, and finishes when the employee returns
home or returns to the alternate accommodation (door to door).
Note, however, stand-by, patrol and fire tower duty
during normal hours is not considered fire fighting and by mutual agreement the
break from duty may be reduced to 8 hours. Furthermore the travel to and from
work provisions for these duties will be in accordance with the signed
workplace agreements.
23.11 General Fire
Fighting Requirements
23.11.1 For fire
fighting and hazard reduction burning in Forests NSW, priority will be given to
the use of available Forests NSW employees.
23.11.2 All
employees engaged on fire fighting shall be issued initially with two pairs of
fire fighting overalls and one pair of approved fire fighting boots. Such protective clothing and boots must be
worn whilst fire fighting. Replacement
of fire fighting overalls and boots will be on a ‘needs’ basis and employees
will be responsible for the laundering of their own clothing.
23.12 Meals
23.12.1 Forests
NSW is committed to providing drinks and nutritious, hot meals of a high
standard wherever possible. Emergency
conditions and locations of fires do not always make this possible in which
case Forests NSW would provide a satisfactory alternative (eg: combination of
sandwiches, hot drinks, cold food, cold drinks, fruit and snack packs).
23.12.2 Forests
NSW will endeavour to provide meals for the initial (24 hours) attack in fire
fighting situations.
23.12.3 Forests
NSW will provide adequate notice to employees as to whether drinks and food
will, or will not be provided by Forests NSW.
For the purposes of this sub-clause, sufficient notice of at least 10
hours will be given prior to the commencement of overtime or such lesser period
as is reasonable in the circumstances.
23.12.4 Employees,
who are directed to work second and subsequent shifts, and have been given
reasonable notice to do so, should ensure they provide for themselves adequate
food provisions for meal breaks each four (4) hours, for up to a 14-hour shift.
23.12.5 In the
unlikely circumstance where employees, either through insufficient notice to
provide their own meals or where no meal has been provided, need to purchase
meals, these employees shall be paid meal allowance as per Overtime provisions
23.13 Accredited
Assessors Allowance - Task Based Assessments (FFHF)
23.13.1 Field
workers conducting task based assessments associated with the Fire Fighting
Health and Fitness Program, who hold a certificate in task based assessment,
will be paid $6.45 per hour for time spent in preparation, delivery, assessment
and reporting of Task Based Assessments.
23.14 Reimburse
expenses if recalled for fire fighting when on holidays
23.14.1 Forests
NSW will reimburse verifiable expenses incurred by an employee and their
immediate family if the employee is recalled to duty from leave for fire
fighting duties. This may include the cancellation fees for accommodation or
travel bookings or the additional costs of travel involved in recalled employee
returning separately from his or her family.
23.14.2 Expenses
will be reimbursed within one month from the date the employee submits their
claim. Claims must be supported by evidence of the additional costs incurred.
23.14.3 This
provision may be waived by agreement.
24. Fire Ground Work
- Workshops Employees
24.1 Introduction
24.1.1 In recognition
that Workshop employees may occasionally be required to undertake field-based
repairs and service in active fire conditions, the following fire ground
loadings will apply. The Workshops Fire Ground Loadings will only be payable in
instances where workshops employees are required to undertake emergency repairs
and servicing on vehicles and plant that cannot be removed from the immediate,
active fire ground (that is, up to and including mop-up stage). They are not applicable to work undertaken
in staging areas, workshops or elsewhere, other than the immediate, active fire
ground and travel to and from the active fire ground. Payment is in recognition
of the unique adverse conditions encountered in emergency repair and servicing
of vehicles and plant in the immediate, active fire ground. Priority will be
given to the use of available permanent Forests NSW employees in undertaking
this work.
24.1.2 The loadings will
also have application where workshops employees are directed to provide other
on site support to active fire ground operations (up to and including mop-up
stage). Work undertaken on site during
back burning operations are also included in this clause.
24.1.3 Work directed to
be undertaken by Workshops employees on an active fire ground (that is, up to
and including mop-up stage) will be compensated by a loading in lieu of the
overtime rates and conditions specified in Clause 14 and the benefits
associated with ordinary time on duty on Saturdays, Sundays and Public Holidays
specified in subclause 26.3.
24.2 Fire Fighting
Loading
24.2.1 The rates for the
loading are:
Time of Fire Ground Work
|
Loading
|
During normal working hours Monday to Friday
|
Time and a quarter
|
Outside normal working hours, Monday to Friday
|
Time and three quarters
|
On Saturdays
|
First two hours at time and half
|
|
Double time thereafter
|
On Sundays
|
Double time
|
On Public Holidays
|
Double time and half
|
24.2.2 In applying the
above, no employee should revert to a lower loading during a current shift
whilst working on an active fire ground.
24.2.3 In calculating
this loading for casual employees, the time and a quarter loading will be
calculated after inclusion of the 24.6% casual loading; whereas all other
loadings will be calculated after the inclusion of the 15% casual loading only.
24.2.4 Refer to Clause 25
for On-call Arrangements for Workshops. Where on -call is activated the Fire
Ground loading commences from the time the employee leaves home or alternate
accommodation, and finishes when the employee returns home or returns to the
alternate accommodation (door to door).
24.3 Normal Working
Hours
24.3.1 For the purposes
of Clause 24 normal working hours are the ordinary working hours within the
span of hours specified for an employee under Clause 13.1.
24.3.2 Meal Breaks and
Break from duty in accordance with general overtime provisions. Fire ground meals and the Fire Fighting
Health and Fitness Agreement will be in accordance with Field Employees
provisions.
24.4 Reimburse
expenses if recalled for fire fighting when on holidays
24.4.1 Forests NSW will
reimburse verifiable expenses incurred by an employee and their immediate
family if the employee is recalled to duty from leave for fire fighting duties.
This may include the cancellation fees for accommodation or travel bookings or
the additional costs of travel involved in recalled employee returning
separately from his or her family.
24.4.2 Expenses will be
reimbursed within one month from the date the employee submits their claim.
Claims must be supported by evidence of the additional costs incurred.
24.4.3 This provision may
be waived by agreement.
25. On-Call'
Arrangements and Allowances - Workshops Only
25.1 On-Call Duty
25.1.1 Workshops staff
will be placed on an on-call roster at each appropriate location. In the week they are rostered to be on-call,
an allowance of $120 per week will be
paid. If called out, the minimum
payment for recall is 4 hours at the appropriate penalty rate.
25.2 Expectations
Whilst On-Call
25.2.1 There is an
expectation that Workshops employees will participate in an on-call roster to
meet fire season and operational requirements. Fire Ground and operational
rosters will include a minimum of three (3) employees to ensure reasonable
apportionment of on-call. If there are less than three (3) employees on a
roster, such arrangements will be by agreement. Where three (3) or more
employees are available to be placed on a roster they will not unreasonably
refuse to be placed on a roster (refer to Clause 24 Fire Ground Work -
Workshops Employees).
25.3 Notice Period
25.3.1 Employees will be
given reasonable notice of the requirement to be on-call. Roster arrangements
will be established two (2) weeks prior to a roster commencing (unless prior
arrangements are made). Forests NSW management will make allowances for any special
circumstances known in advance (eg: family matters, illness etc.).
25.4 Resources while
on-call
25.4.1 For employees
on-call a vehicle will be provided with limited private use so there is
personal flexibility. Forests NSW will
also provide radio/mobile phone/pager as required to ensure that employees
‘'on-call' can respond and go to work immediately.
25.5 AC Licence fees
25.5.1 Forests NSW
requires all workshop employees to hold AC licences and Forests NSW will pay
for the cost, including renewals.
25.5.2 Forests NSW will
reimburse workshop employees the costs of mandatory NSW WorkCover Authority
Licences and Certificates of Competency held by workshop employees that are
required by the employer.
25.6 Tool Coverage
(Workshops only)
25.6.1 Employee’s tools,
required for Forests NSW duties, stored on Forests NSW premises or secured in
Forests NSW vehicles will be covered, in the event of theft, fire or flood by
Forests NSW on the proviso that the employee provides a list of their tools to
the Workshops Co-ordinator.
25.6.2 Employees are
responsible for keeping their tool list current and exercising due care in the
protection of their tools.
25.6.3 Claims must be
made in accordance with the requirements of Forests NSW guidelines. Forests NSW
reserves the right to investigate any claims and may decline a claim where due
care has not been taken.
25.6.4 It should be noted
that this does not include general wear and tear or mislaid tools which are
covered by the tool allowance.
SECTION 8 - LEAVE
26.1 General
Provisions - Ministerial Leave Conditions (MLC)
26.1.1 Refer to Regional
Office or HR Unit for copy of MLC
26.1.2 Where the
conditions of the Award are superior to those existing in the Ministerial Leave
Conditions, then the conditions of the Award shall prevail.
26.1.3 Forests NSW shall
be bound by the provisions of the Uniform Leave Conditions for Ministerial
employees, subject to the amendments and additions specified in this clause.
26.2 Sick Leave
26.2.1 Sick leave will
accrue on a calendar year basis, with the full annual entitlement of 15 days
paid leave being available from 1 January each year for employees employed as
of that date.
26.2.2 New employees who
commence after 1 January will receive a pro-rata credit for that proportion of
the calendar year remaining. Sick leave taken during the first three months of
employment will only be paid upon the completion of three months service and
following one month’s continuous service without the taking of any sick leave,
up to a maximum entitlement of 15 days paid sick leave per annum.
26.2.3 Unused sick leave
entitlements will accrue, in accordance with Ministerial Leave Conditions.
26.3 Public Holidays
26.3.1 Payment (to the
extent which would ordinarily have been paid had the day been a working day)
shall be made for the following days:
New Years Day
Australia Day
Good Friday
Easter Monday
Easter Saturday
Anzac Day
Queen’s Birthday
Christmas Day
Boxing Day
Labor Day
whenever celebrated, and all other gazetted holidays
proclaimed to operate throughout the State of NSW.
26.4 Union Picnic Day
26.4.1 The first Monday
in August of each year shall be the Union Picnic Day.
26.4.2 All Union members
shall, as far as practicable, be given and shall take this day as Picnic Day
and shall be paid to the extent to which they would ordinarily have been paid
had the day been a working day. Any
Union member required to work on this day shall be paid at the rate of double
time and a half for not less than four hours work.
26.4.3 Members of
relevant Unions named in this Award may be required to produce evidence of
Union membership (ie: membership ticket).
26.5 Recreation Leave
Management
26.5.1 When an employee
has achieved an accrual of thirty (30) days recreation leave (maximum accrual
without forfeit is 40 days) their manager or supervisor will discuss the
management of that accrued recreation leave with the employee, so that it may
be taken at a time which suits the operational needs of Forests NSW and the
needs of the individual. Accrual over 40
days is not permitted without written approval of the Workplace Manager.
26.6 Personal Carers
Leave
26.6.1 Personal/carer's
leave is leave which may be granted to employees to provide care and support
for a family member as described below, who is sick.
26.6.2 Under the
personal/carer's leave provisions, paid sick leave and time off in lieu of
payment for overtime are specifically for the purpose of caring for the sick
family member. Access to recreation
leave and make-up time are facilitative provisions which enable employees to
combine paid employment with other responsibilities. In addition personal/carers leave may be taken as leave without
pay.
26.6.3 Like sick leave,
personal/carer's leave should be managed in a fair and equitable way and mechanisms
put in place to monitor sick leave taken as personal/carer's leave.
26.6.4 It is important
that departments ensure that separate records are maintained for sick leave
taken by the employee for their own illness and for a sick family member.
26.7 Family and
Community Service Leave
26.7.1 A department head
must grant an employee some or all of the available family and Community
service leave on full pay to accommodate emergencies or personal or domestic
circumstances requiring leave.
26.7.2 Appropriate
situations may include but are not limited to the following:
(1) Compassionate
grounds such as the death or illness of a close member of the family or a
member of the employee's family group living in the same domestic dwelling.
(2) Accommodation
matters up to one day such as attendance at court as defendant in an eviction
action, arranging accommodation, or when required to remove furniture and
effects.
(3) Emergency or
weather conditions such as when flood, fire, snow, earthquake and so on threatens
lives or property or prevents an employee from reporting for duty.
(4) Other personal
circumstances such as citizenship ceremonies, parent-teacher interviews or
attending the child's school for other reasons.
(5) Attendance at
court by an employee to answer a charge for a criminal offence, if the
department head considers the granting of family and community service leave to
be appropriate in a particular case.
(6) Employees who
are prevented from attending work at a normal work location due to a major
transport disruption.
(7) Employees who
are selected to represent Australia or the State as competitors in major
amateur sport (other than Olympic or Commonwealth Games).
(8) Employees who
hold office in local government other than as a Mayor or President of a
council, or chair of a county council, in order to attend meetings, conferences
or other duties associated with that office, if those duties necessitate
absence during normal working hours.
Family and community service leave is not available to
casual employees.
26.7.3 Definitions:
(1) "Family"
or "relative" used here means:
(i) a spouse of the
employee; or
(ii) a defacto
spouse, being a person of the opposite sex to the employee who lives with the
employee as her husband or his wife on a bona fide domestic basis although not
legally married to that employee; or
(iii) a child or an
adult son or daughter (including an adopted child, a stepchild, 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 of the
de facto spouse of the employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or a relative of the employee who is a member of
the same family group living in the same domestic dwelling.
(2) In this
definition:
(i) "relative"
means a person related by blood, marriage, affinity or Aboriginal kinship;
(ii) "affinity"
means the relationship that one spouse or partner has to the relatives of the
other spouse or partner.
26.7.4 Paid Leave
(1) Employees
working a 5 day week
(i) The maximum
amount of family and community service leave on full pay which may be granted
is whichever is the greater of:
(ii) 2½ working
days during the first year of service and 5 working days in any period of 2
years after the first year of service; or
(iii) 1 working day
for each year of service after 2 years of continuous service
(iv) less any period
of short leave or family and community service leave already taken.
(2) Employees
working a 6 day week
(i) The maximum
amount of family and community service leave on full pay which may be granted
is:
(ii) 3 working days
during the first year of service and 6 working days in any period of 2 years
after the first year of service; or
(iii) 1 working day
for each year of service after 2 years of continuous service
(iv) less any period
of short leave or family and community service leave already taken.
(3) Employees
working a 7 day week
(i) The maximum
amount of family and community service leave on full pay which may be granted
is:
(ii) 3½ working
days during the first 12 months of service and 7 working days in any period of
2 years after the first year of service; or
(iii) 1 working day
for each year of service after 2 years of continuous service
(iv) less any period
of short leave or family and community service leave already taken.
26.7.5 Additional Leave
If available family and community service leave is
exhausted as a result of natural disasters, the department head must consider
applications for additional family and community service leave, if some other
emergency arises. For example, on the
death of a person defined above additional paid family and community service
leave of up to 2 days may be granted to an employee on an individual and
situational basis.
26.7.6 Other Leave
Department heads may grant employees other forms of
leave such as accrued recreation leave, time off in lieu, flex leave and so on
for family and community service leave purposes.
26.7.7 Illness of Family
Member
In cases of illness of a family member for whose care
and support the employee is responsible, the employee may take accrued paid
sick leave when paid family and community service leave has been exhausted. For
further information see Personal/Carer’s Leave.
26.8 Trade Union
Training Leave
The parties agree that leave be granted in accordance
with the Ministerial Leave Conditions as follows:
26.8.1 Leave may be
granted up to a maximum of twelve (12) working days in any period of two (2)
years to employees who are members of registered industrial Unions to attend
short training courses or seminars, subject to the following conditions:
(1) that the
employer’s operating requirements permit the grant of leave and the employee’s
absence does not require the employment of relief staff;
(2) the leave of
absence will be granted at ordinary pay, ie: payment is not to include shift
allowances, penalty rates or overtime;
(3) leave granted
will count as service for all purposes;
(4) expenses
associated with attendance at such courses or seminars; eg: fares,
accommodation and meal expenses will be met by employee concerned,
except where the duration of the course is one day or more requiring an
overnight stay, Forests NSW will reimburse the cost of accommodation and meals
for one day only.
(5) applications for
leave must be accompanied by a statement from the relevant Union that it has
nominated the employee concerned for such course or seminar or that it supports
their application.
(6) Subject to the
maximum prescribed above, leave may include travelling time required during
working hours to attend such courses or seminars.
26.9 Parental Leave
Parental leave includes maternity, adoption leave and
"other parent" leave.
26.9.1 Maternity leave
shall apply to a staff member who is pregnant and, subject to this clause the
staff member shall be entitled to be granted maternity leave as follows:
(1) For a period up
to 9 weeks prior to the expected date of birth; and
(2) For a further
period of up to 12 months after the actual date of birth.
(3) A staff member
who has been granted maternity leave and whose child is stillborn may elect to
take available sick leave instead of maternity leave.
26.9.2 Adoption leave
shall apply to a staff member adopting a child and who will be the primary care
giver, the staff member shall be granted adoption leave as follows:
(1) For a period of
up to 12 months if the child has not commenced school at the date of the taking
of custody; or
2) For such
period, not exceeding 12 months on a full-time basis, as the Department Head
may determine, if the child has commenced school at the date of the taking of
custody.
3) Special
Adoption Leave - A staff member shall be entitled to special adoption leave
(without pay) for up to 2 days to attend interviews or examinations for the
purposes of adoption. Special adoption leave may be taken as a charge against
recreation leave, extended leave, flex time or family and community service
leave.
26.9.3 Where maternity or
adoption leave does not apply; "other parent" leave is available to
male and female staff who apply for leave to look after his/her child or
children. Other parent leave applies as follows:
(1) Short other
parent leave - an unbroken period of up to 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, from the date of taking custody of the child or children;
(2) 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 1
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.
26.9.4 A staff member
taking maternity or adoption leave is entitled to payment at the ordinary rate
of pay for a period of 14 weeks, a staff member entitled to short other parent
leave is entitled to payment at the ordinary rate of pay for a period of up to
1 week, provided the staff member:
(1) Applied for
parental leave within the time and in the manner determined set out in
subclause 26.9.9; and
(2) Prior to the
commencement of parental leave, completed not less than 40 weeks' continuous
service.
(3) Payment for the
maternity, adoption or short other parent leave may be made as follows:
(i) in advance as a
lump sum; or
(ii) fortnightly as
normal; or
(iii) fortnightly at
half pay; or
(iv) a combination
of full-pay and half pay.
26.9.5 Payment for
maternity, adoption or other parent leave is at the rate applicable when the
leave is taken. A member of staff holding a full time position who is on part
time leave without pay when they start parental leave is paid:
(1) at the full time
rate if they began part time leave 40 weeks or less before starting maternity,
adoption or other parent leave;
(2) at the part time
rate if they began part time leave more than 40 weeks before starting
maternity, adoption or other parent leave and have not changed their part time
work arrangements for the 40 weeks;
(3) at the rate
based on the average number of weekly hours worked during the 40 week period if
they have been on part time leave for more than 40 weeks but have changed their
part time work arrangements during that period.
26.9.6 A staff member who
has taken no more than 12 months full time maternity, adoption or other parent
leave or its part time equivalent is entitled to be paid at their normal rate
(ie the rate at which they were paid before proceeding on parental leave) for
another period of such leave regardless of whether they resume their normal
hours of work before proceeding on leave for another pregnancy or adoption.
26.9.7 Except as provided
in subclauses 26.9.4, 26.9.5 and 26.9.6 of this clause, maternity, adoption or
other parent leave shall be granted without pay.
26.9.8 Right to request
(1) A staff member
who has been granted maternity, adoption or other parent leave in accordance
with subclauses 26.9.1, 26.9.2 or 26.9.3 may make a request to the Department
Head to:
(i) extend the
period of unpaid maternity, adoption or other parent leave for a further
continuous period of leave not exceeding 12 months;
(ii) return from a
period of full time maternity, adoption or other parent 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 staff member in reconciling work and
parental responsibilities.
(2) The Department
Head shall consider the request having regard to the staff member’s
circumstances and, provided the request is genuinely based on the staff member’s
parental responsibilities, may only refuse the request on reasonable grounds
related to the effect on the workplace or the Department Head’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
26.9.9 Notification
Requirements
(1) When a
Department is made aware that a staff member or their spouse is pregnant, or a
staff member’s spouse is pregnant or is adopting a child, the Department must
inform the staff member of their entitlements and their obligations under the
Award.
(2) A staff member
who wishes to take parental leave must notify the department head in writing at
least 8 weeks (or as soon as practicable) before the expected commencement of
parental leave:
(i) that she/he
intends to take maternity, adoption or other parent leave, and
(ii) the expected
date of birth or the expected date of placement, and
(iii) if she/he is
likely to make a request under subclause (h).
(3) At least 4 weeks
before a staff member's expected date of commencing maternity, adoption or
other parent leave they must advise:
(i) the date on
which the maternity, adoption or other parent leave is intended to start, and
(ii) the period of
leave to be taken.
(4) Staff member’s
request and the Department Head’s decision to be in writing.
(i) The staff
member’s request and the Department Head’s decision must be recorded in
writing.
(5) A staff member
intending to request to return from maternity, adoption or other parent leave
on a part time basis or seek an additional period of leave of up to 12
months (or possible just cross
reference back up) must notify the Department Head in writing as soon as
practicable and preferably before beginning maternity, adoption or other
parental leave. If the notification is not given before commencing such leave,
it may be given at any time up to 4 weeks before the proposed return on a part
time basis, or later if the Department Head agrees.
(6) A staff member
on maternity leave is to notify her department of the date on which she gave
birth as soon as she can conveniently do so.
(7) A staff member
must notify the department as soon as practicable of any change in her
intentions as a result of premature delivery or miscarriage.
(8) A staff member
on maternity or adoption leave may change the period of leave or arrangement,
once without the consent of the department and any number of times with the
consent of the department. In each case she/he must give the department at
least 14 days notice of the change unless the department head decides
otherwise.
26.9.10 A staff
member has the right to his/her former position
(1) If she/he has
taken approved leave or part time work in accordance with subclause (h), and
she resumes duty immediately after the approved leave or work on a part time
basis.
26.9.11 If the
position occupied by the staff member immediately prior to the taking of
maternity, adoption or other parent leave has ceased to exist, but there are
other positions available that the staff member is qualified for and is capable
of performing, the staff member shall be appointed to a position of the same
grade and classification as the staff member’s former position.
26.9.12 A staff
member does not have a right to her/his former position during a period of
return to work on a part time basis. If
the Department Head approves a return to work on a part time basis then the
position occupied is to be at the same classification and grade as the former
position.
26.9.13 A staff
member who has returned to full time duty without exhausting their entitlement
to 12 months unpaid maternity, adoption or other parent leave is entitled to
revert back to such leave. This may be done once only, and a minimum of 4 weeks
notice (or less if acceptable to the department) must be given.
26.9.14 A staff
member who is sick during her pregnancy may take available paid sick leave or
accrued recreation or extended leave or sick leave without pay. A staff member
may apply for accrued recreation leave, extended leave or leave without pay
before taking maternity leave. Any leave taken before maternity leave ceases at
the end of the working day immediately preceding the day she starts her
nominated period of maternity leave or on the working day immediately preceding
the date of birth of the child, whichever is sooner.
26.9.15 A staff
member may elect to take available recreation leave or extended leave within
the period of maternity, adoption or other parent leave provided this does not
extend the total period of such leave.
26.9.16 A staff
member may elect to take available recreation leave at half pay in conjunction
with maternity, adoption or other parent leave subject to:
(1) accrued
recreation leave at the date leave commences is exhausted within the period of
maternity, adoption or other parent leave
(2) the total period
of maternity, adoption or other parent
leave, is not extended by the taking of recreation leave at half pay
(3) When calculating
other leave accruing during the period of recreation leave at half pay, the
recreation leave at half pay shall be converted to the full time equivalent and
treated as full pay leave for accrual of further recreation, extended and other
leave at the full time rate
26.9.17 If, for
any reason, a pregnant staff member is having difficulty in performing her
normal duties or there is a risk to her health or to that of her unborn child
the Department Head, should, in consultation with the member of staff, 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.
26.9.18 If such
adjustments cannot reasonably be made, the Department Head must grant the staff
member maternity leave, or any available sick leave, for as long as it is
necessary to avoid exposure to that risk as certified by a medical
practitioner, or until the child is born which ever is the earlier.
26.9.19 Communication
during maternity, adoption or other parent leave
(1) Where a staff
member is on maternity, adoption or other parent leave and a definite decision
has been made to introduce significant change at the workplace, the Department
shall take reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the staff member
held before commencing maternity, adoption or other parent leave; and
(ii) provide an
opportunity for the staff member to discuss any significant effect the change
will have on the status or responsibility level of the position the staff
member held before commencing maternity, adoption or other parent leave.
(2) The staff member
shall take reasonable steps to inform the Department Head about any significant
matter that will affect the staff member’s decision regarding the duration of
maternity, adoption or other parent leave to be taken, whether the staff member
intends to return to work and whether the staff member intends to request to
return to work on a part time basis.
(3) The staff member
shall also notify the Department Head of changes of address or other contact
details which might affect the Department’s capacity to comply with paragraph
(1).
26.10 Casual Leave
Entitlements
Casual employees shall receive the following
entitlements in accordance with the Crown Employees (Public Service Conditions
of Employment) Reviewed Award 2006:
26.10.1 Unpaid
Parental Leave in accordance with Clause 12 (iv)(d) of the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006;
(1) Casual employees
are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1,
section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial
Relations Act 1996. The following provisions shall also apply in addition
to those set out in the Industrial Relations Act 1996 (NSW).
(i) The Department
Head must not fail to re-engage a regular casual employee (see section 53(2) of
the Act) because:
(ii) the employee
or employee's spouse is pregnant; or
(iii) the employee
is or has been immediately absent on parental leave.
(2) The rights of an
employer in relation to engagement and re-engagement of casual employees are
not affected, other than in accordance with this clause.
26.10.2 Personal
Carer’s Entitlement in accordance with Clause 12(v) of the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006;
(1) Casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a family member (as described below) who is sick and requires care
and support, or who requires care due to an unexpected emergency, or the birth
of a child. This entitlement is subject to the evidentiary requirements set out
below in (iv), and the notice requirements set out in (v).
(2) The Department
Head and the casual employee shall agree on the period for which the employee
will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
(3) A Department
Head must not fail to re-engage a casual employee because the employee accessed
the entitlements provided for in this clause. The rights of an employer to
engage or not to engage a casual employee are otherwise not affected.
(4) The casual
employee shall, if required;
(i) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(ii) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
(iii) In normal
circumstances, a casual employee must not take carer's leave under this
subclause where another person had taken leave to care for the same person.
(5) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the employer of their
inability to attend for duty. If it is not reasonably practicable to inform the
employer during the ordinary hours of the first day or shift of such absence,
the employee will inform the employer within 24 hours of the absence.
A family member for the purposes of Paragraph 2 (i)
above is:
(i) a spouse of the
staff member; or
(ii) a defacto
spouse being a person of the opposite sex to the staff member who lives with
the staff member as her husband or his wife on a bona fide domestic basis
although not legally married to that staff member; or
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the staff member or of spouse or of
defacto spouse of the staff member; or
(iv) a same sex
partner who lives with the staff member as the defacto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member 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.
26.10.3 Bereavement
entitlement in accordance with Clause 12(vi) of the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2006;
(1) Casual employees
are entitled to not be available to attend work, or to leave work upon the
death in Australia of a family member on production of satisfactory evidence
(if required by the employer).
(2) The Department
Head and the casual employee shall agree on the period for which the employee
will be entitled to not be available to attend work. In the absence of
agreement, the employee is entitled to not be available to attend work for up
to 48 hours (i.e. two days) per occasion. The casual employee is not entitled
to any payment for the period of non-attendance.
(3) A Department
Head must not fail to re-engage a casual employee because the employee accessed
the entitlements provided for in this clause. The rights of an employer to
engage or not engage a casual employee are otherwise not affected.
(4) The casual employee
must, as soon as reasonably practicable and during the ordinary hours of the
first day or shift of such absence, inform the employer of their inability to
attend for duty. If it is not reasonably practicable to inform the employer
during the ordinary hours of the first day or shift of such absence, the
employee will inform the employer within 24 hours of the absence."
26.11 Extended Leave
Entitlements
26.11.1 Definition
of "service"
(1) "Service"
includes:
(i) in the case of
an employee or temporary employee who has completed at least 10 years’
service-any period of leave without pay, not exceeding 6 months, taken after 13
December 1963, and
(ii) service
occurring before the commencement of this part, including service of the kind
referred to in paragraph (i).
(2) Subject to
clauses 26.11.2.(3) and 26.11.3(3), for the purpose of determining whether or
not an employee or temporary employee has completed at least 10 years’ service,
as referred to in subclause 26.11.1.1 (i), the employee’s or temporary
employee’s period of service is taken:
(i) to include any
period of leave without pay taken before 13 December 1963, and
(ii) to exclude any
period of leave without pay taken after 13 December 1963.
(3) Note: 13
December 1963 was the date of assent to the Public Service and Other Statutory
Bodies (Extended Leave) Amendment Act 1963.
26.11.2 Leave
entitlements generally
(1) After service
for 7 years or more but not more than 10 years, an employee or temporary
employee is entitled to extended leave, proportionate to his or her length of
service, calculated at the rate of:
(i) 2 months on
full pay, or
(ii) 4 months on
half pay, or
(iii) one month on
double pay, for 10 years served.
(2) After service
for more than 10 years, an employee or temporary employee is entitled to
extended leave under subclause (1) in respect of the first 10 years and
additional extended leave, proportionate to his or her length of service,
calculated at the rate of:
(i) 5 months on
full pay, or
(ii) 10 months on
half pay, or
(iii) 2.5 months on
double pay,
for each 10 years served after the first 10 years.
(3) For the purposes
of this clause, "service" includes any period of leave without pay
taken before 13 December 1963.
26.11.3 Entitlement
to leave if employment terminated in special circumstances
(1) This clause
applies to an employee or temporary employee with at least 5 years’ service but
less than 7 years’ service whose services are terminated:
(i) by the employee
or temporary employee, for reasons of illness, incapacity or domestic or other
pressing necessity, or
(ii) by the Crown,
the Governor or the appropriate Department Head, for reasons other than the
employees or temporary employee’s serious and intentional misconduct.
(2) The employee or
temporary employee is entitled to:
(i) for 5 years’
service, one month’s leave on full pay, and
ii) for further
service in excess of 5 years, additional leave proportionate to the employees
or temporary employee’s length of service (up to but not including 7 years),
calculated at the rate of 3 months’ leave for 15 years’ service.
(3) For the purposes
of this clause, "service" does not include any period of leave
without pay, whether taken before, on or after 13 December 1963.
26.11.4 Payment
of accrued leave on termination of employment
(1) If an employee
or temporary employee has acquired a right to extended leave and his or her
services are terminated, the employee or temporary employee may not take the
extended leave but is instead to be paid the money value of the extended leave.
(2) Any pension to
which any such employee or temporary employee is entitled under the Superannuation
Act 1916 commences from and including the date on which the employees or
temporary employee’s extended leave, if taken, would have commenced.
26.11.5 Leave to
be paid out to dependants in cases of death
(1) If an employee
or temporary employee has acquired a right to extended leave and dies before
starting it, or after starting it dies before completing it:
(i) the employee’s
or temporary employee’s spouse, or
(ii) if there is no
such spouse, the employee’s or temporary employee’s children, or
(iii) if there is no
such spouse or child, the person who, in the opinion of the appropriate
Department Head, was, at the time of the employee’s or temporary employee’s
death, a dependent relative of the employee or temporary employee,
is entitled to receive the money value of the extended
leave not taken or not completed.
(2) If an employee
or temporary employee with at least 5 years’ service but less than 7 years’
service dies:
(i) the employee’s
or temporary employee’s spouse, or
(ii) if there is no
such spouse, the employee’s or temporary employee’s children, or
(iii) if there is no
such spouse or child, the person who, in the opinion of the appropriate
Department Head, was, at the time of the employee’s or temporary employee’s
death, a dependent relative of the employee or temporary employee,
is entitled to receive the money value of the extended
leave that would have accrued to the employee or temporary employee had his or
her services terminated as referred to in clause 26.11.3 (1).
(3) If there is a
guardian of any child referred to in subclause 26.11.5 (1)(ii) or
26.11.5(2)(ii), the payment to which the child is entitled may be made to the
child’s guardian for the child’s maintenance, education and advancement.
(4) If:
(i) no person is
entitled to receive a payment under subclause 26.11.5.1 or 2.11.5.2, or
(ii) it appears to
the appropriate Department Head that more than one person is entitled as a
spouse to a payment under subclause 26.11.5.1 or 26.11.5.2,
the payment must instead be made to the employee’s or
temporary employee’s personal representatives.
(5) Any payment
under this clause is in addition to any payment due under any Act under which
superannuation benefits are paid.
(6) In this clause,
"spouse" of an employee or temporary employee includes a person with
whom the employee or temporary employee had a de facto relationship (within the
meaning of the Property (Relationships) Act 1984 ) at the time of his or
her death.
26.11.6 Certain
periods to be disregarded
(1) Any period
during which an employee or temporary employee is not employed, as referred to
in clause 3 (2) of Schedule 3A, is to be disregarded for the purpose of
calculating his or her extended leave entitlement.
26.11.7 Leave
entitlement reduced by leave already taken or paid out
(1) The following
amounts of extended leave are to be deducted from an employee’s or temporary
employee’s extended leave entitlement:
(i) for each period
of extended leave taken on full pay-the number of days (or parts of a day) so
taken,
(ii) for each
period of extended leave taken on half pay-half the number of days (or parts of
a day) so taken,
(iii) for each
period of extended leave taken on double pay-twice the number of days (or parts
of a day) so taken,
(iv) for each period
of extended leave in respect of which the employee or temporary employee has
been paid the money value-the number of days of extended leave on full pay that
is equivalent to the money paid.
(2) If a public
holiday occurs while an employee or temporary employee is taking extended
leave, the amount of extended leave to be deducted is to be reduced by the
length of the holiday (one day or half a day, as the case may be).
(3) In subclause
(2), "public holiday" means any special or public holiday for which
the employee or temporary employee is entitled to payment.
26.11.8 Extended
leave may be postponed for temporary employees
(1) If the period of
extended leave to which a temporary employee is entitled under this Schedule
exceeds the period for which the employee is employed under this Act, the
balance of the period of extended leave may be taken during subsequent periods
of employment in the Public Service, but only if each subsequent period of
employment commences on the termination of a previous period of employment in
the Public Service.
All other provisions concerning extended leave not covered
above will be in accordance with the provisions of the Ministerial Leave
Conditions.
SECTION 9 -
MISCELLANEOUS
27. Miscellaneous
27.1 Temporary
Relocation
27.1.1 Reorganisation
within Forests NSW along with a shift in work areas necessitated through land
management transfer to other agencies such as NPWS will require temporary
transfer of employees from time to time.
27.1.2 The underlying
principle in such cases will be to give full consideration to individual
circumstances and preferences, with identification of volunteers through mutual
agreement preferred to supervisor selection of employees to work away from
home. Management will ensure maximum
notice is given for a temporary transfer with a minimum of: -
(1) Seven (7)
calendar days notice for up to two (2) weeks transfer
(2) Ten (10)
calendar days notice for two (2) to four (4) weeks transfer, and
(3) Fifteen (15)
calendar days notice for over four (4) weeks transfer
27.1.3 Return to home
will be provided, if required, each weekend while on transfer.
27.1.4 Applications can
be made to return each week-end by workshops staff on an "as
needs/compassionate" basis and the Workshops Manager will give
consideration to such requests.
Employees permanently transferring between locations
within FNSW will be entitled to the provisions of the Crown Employees
(Transferred Employees Compensation) Award.
28. .Inclement
Weather
28.1 Definition
For the purposes of this clause, inclement weather
means wet weather or abnormal climatic conditions such as hail, cold, high
winds, severe dust storms, extreme high temperature or any combination thereof.
28.2 Continuation of
Work
28.2.1 Appropriate
productive work will be carried out during inclement weather conditions,
provided appropriate protective clothing of a high standard suited to local
conditions is issued. Decisions on
working during inclement weather will rest with the supervisor and, where they
exist, by self-managing work teams, consistent with the Occupational Health and
Safety Act 2000 and Regulation 2001:
(1) In forest
Regions, where there are appropriate functions that can be undertaken during
inclement weather, then these functions will be undertaken or continue to be
undertaken.
(2) Workshop
employees will carry out fieldwork away from normal facilities and under
inclement weather conditions as determined by the employee on the job in
conjunction with the Workshop Manager.
(3) Nursery
employees will work during inclement weather on both production and customer
service, provided that appropriate protective clothing is supplied.
29. Area, Incidence
and Duration
This Award applies to all classifications listed in
Appendices 3, 4, 5, 6 and 7 attached to this Award. The Award rescinds and
replaces the Forestry Commission Division Trading as Forests New South Wales
Crown Employees Fieldwork and Other Staff Award 2005-2008 published 14 July
2006, (360 I.G. 47). This Award shall
operate from 23 December 2008 and will remain in force for a term of 12 months.
APPENDIX 1
RATES OF PAY
The minimum weekly rates for full-time employees covered by
this Award are:
1/4/2007
|
First Pay period on
or after 1/7/2008
|
|
4%
|
Classification Rate
|
|
1
|
$658
|
$684
|
2
|
$678
|
$705
|
3.1
|
$706
|
$734
|
3.2
|
$710
|
$738
|
4.1
|
$740
|
$769
|
4.2
|
$754
|
$784
|
4.3
|
$772
|
$802
|
4.4
|
$786
|
$817
|
5.1
|
$818
|
$850
|
5.2
|
$834
|
$867
|
5.3
|
$843
|
$876
|
6.1
|
$925
|
$962
|
6.2
|
$953
|
$991
|
6.3
|
$980
|
$1019
|
6.4
|
$1005
|
$1045
|
Divisional Commander will be paid at the weekly equivalent
of $64,823pa.
APPENDIX 2
ALLOWANCES
Past Entitlements Preserved within this Award (Grandfathered
Entitlements):
First-aid
Distant places
Western allowance
Definition of Allowances:
"Tool Allowance"
All tools required by employees shall be provided free of
charge by Forests NSW, other than in Workshops where a tool allowance of $25.15
per week shall be paid to trades persons to cover the cost of work-related
tools. This allowance is linked to movement in the Skilled Trades Award.
"Mileage"
Should Forests NSW be unable to provide transport and where
no public transport is available to transport an employee from his/her
residence to their headquarters, depot or centre, or if an employee is required
to report at a place other than their headquarters, depot or centre, then
Forests NSW shall pay the employee an allowance according to the following
scale, viz; where the distance from their residence to the centre or such place
is:
3-10 kms
|
$4.20
|
|
|
10-20 kms
|
$11.40
|
|
|
20-30 kms
|
$14.70
|
|
|
30-40 kms
|
$21.00
|
|
|
40+ kms
|
$23.60
|
Headquarters, depot or centre means the place where the
employee reports for work.
"Working in Sludge"
Those engaged in the handling and spreading of sewerage
sludge on a given Forests NSW area will receive, for the period of application
only, an allowance of 86¢ per hour.
"Chemical Handling Allowance"
An allowance of $13.00 per day is payable to those employees
directed to use pesticides and herbicides who are accredited chemical users and
where they are required to wear full
protection, ie: all of the following; face shields, overalls, elbow length gloves
and boots for the application of pesticides and/ or herbicides.
"Accredited Assessor Allowance"
The allowance paid by Forests NSW for nationally accredited
assessors will be $6.45 per hour. This
payment will be received for time spent in preparation, delivery, assessment
and reporting of accredited courses.
This allowance is payable to nationally accredited assessors
who deliver training. It is not restricted to nationally accredited courses but
rather has application to any external or Forests NSW courses which result in
some form of qualification or accreditation, with the exception of back
care (ie those delivering back care
training will receive the allowance for the life of this award). The parties agree
to review the operation of this clause during the life of the award.
"Accredited Assessors Allowance - Task Based
Assessments (FFHF)"
Field workers conducting task based assessments associated
with the Fire Fighting Health and Fitness Program, who hold a certificate in
task based assessment, will be paid $6.45 per hour for time spent in
preparation, delivery, assessment and reporting of Task Based Assessments.
This allowance will move in line with the general Accredited
Assessors Allowance.
Workshops Allowances:
Note: All Workshops allowances, with the exception of
"First Aid" and "Applying Obnoxious Substances", are linked
to movement in the Crown Employees (Skilled Trades) Award.
"Applying Obnoxious Substances" is linked to
movement in the General Construction and Maintenance, Civil and Mechanical
Engineering and C (State) Award as there is no comparable allowance under the
Crown Employees (Skilled Trades) Award.
Tool Allowance - Tradespersons
|
$25.15 per week
|
|
|
|
Confined spaces
|
|
79¢ per hour
|
|
|
|
Height money
|
|
61¢ per hour
|
Tower allowance
|
|
|
|
Above 15 metres
|
|
61¢ per hour
|
|
Above each additional 15 metres
|
|
61¢ per hour
|
Spray Painting Application
|
|
60¢ per hour
|
|
|
|
Applying obnoxious substances
|
|
76¢ per hour
|
|
|
|
First-aid
|
|
$13.25 per week
|
|
|
|
Accredited Assessor Allowance
|
|
$6.45 per hour
|
|
|
|
Weekly On Call Roster allowance
|
|
$120 per week
|
|
|
|
Field Workers:
|
|
|
|
|
|
Working in sludge
|
|
86¢ per hour
|
|
|
|
Chemical Handling Allowance
|
|
$13 per day
|
|
|
|
Mileage
|
3-10 kms
|
|
$ 4.20 per day
|
|
10-20 kms
|
|
$10.90 per day
|
|
20-30 kms
|
|
$14.00 per day
|
|
30-40 kms
|
|
$20.00 per day
|
|
40+ kms
|
|
$22.50 per day
|
|
|
|
Accredited Assessor Allowance
|
$6.45 per hour
|
Accredited Assessor Allowance (FFHF TBA’s)
|
$6.45 per hour
|
|
|
|
First-aid
|
|
$13.25 per week
|
|
|
|
Weekly On Call Roster allowance
|
|
$120 per week
|
|
|
|
|
|
APPENDIX 3
STATEMENT OF
RESPONSIBILITY LEVELS AND PROMOTIONAL CRITERIA
For an employee to be graded to a higher position than the
generic level, the position description must be evaluated by the Classification
Committee.
Forests NSW will make available to the workforce appropriate
training to facilitate advancement through the classification structure.
LEVELS 1 & 2
|
|
|
|
Responsibility
|
An employee at Level 1 or 2 will:
|
|
|
|
generally work under direct supervision be responsible for
identifying
|
|
and solving minor problems which occur in the workplace be
required
|
|
to work to predetermined standards and outcomes be
responsible for
|
|
keeping their own work area safe and clean show awareness
for the
|
|
relevant Forest Practices Codes
|
|
|
Promotional Criteria
|
Level 1
|
|
|
|
Six (6) months induction process (within 7 days) and
Induction
|
|
Program.
|
|
|
|
Promotion to Level 2 on satisfactory completion and
satisfactory
|
|
attendance and performance history.
|
|
|
|
Level 2
|
|
|
|
Eighteen (18) months Employee Development Program
|
|
|
|
Promotion to Level 3.1 within 18 months on satisfactory
completion
|
|
and satisfactory attendance and performance history.
|
|
|
|
|
LEVEL 3
|
|
|
|
Responsibility
|
An employee at this level will operate under general
direction for the
|
|
whole job.
Individual tasks will be completed according to clear, set
|
|
procedures and standards.
An employee will be responsible for the
|
|
quality of work within these limits.
|
|
|
|
The employee will also be responsible for identifying and
solving
|
|
problems which occur in the work process the Level 3
worker is
|
|
directly responsible for, and for identifying and
reporting problems
|
|
outside own work process.
|
|
|
|
3.2 Co-ordinator
|
|
|
|
responsible for provision of the co-ordination of work
performed by a
|
|
small group and on-the-job training (non-accredited) for
that small
|
|
group; knowledge and understanding of relevant Forest
Practices
|
|
Codes.
|
|
|
|
|
Promotional Criteria
|
An employee remains at Level 3.1 until capable of
effectively
|
|
performing through assessment or appropriate certification
the tasks
|
|
required of the next level so as to enable progress as a
position
|
|
becomes available.
|
|
|
|
|
|
|
|
The promotion by merit principle will apply in all cases.
|
|
|
|
|
|
|
|
LEVEL 4
|
|
|
|
Responsibility
|
An employee at this level will operate under general
direction for the
|
|
whole job. In
completing individual tasks an employee will work to
|
|
set standards. An
employee will be responsible for the quality
|
|
of work in own area.
|
|
|
|
The employee will also be responsible for identifying and
solving
|
|
problems which occur in the work process the Level 4
worker is
|
|
directly responsible for, and by themselves or with
others, identifying,
|
|
reporting or solving problems outside their work area.
|
|
|
|
The employee is responsible for application of relevant
Forest
|
|
Practices Codes and Regulatory requirements.
|
|
|
LEVEL 5
|
|
|
|
Responsibility
|
An employee at this level has greater responsibility than
at Level 4 in
|
|
that the employee may be responsible for the work of
others through
|
|
the monitoring role.
The employee will be responsible for work
|
|
outcomes regarding quantity and quality in own area,
including own
|
|
work and the work of others. The employee may be required
to train
|
|
small groups on-the-job (non-accredited) and/or assess
competency
|
|
of workers in the tasks they perform. They will be
responsible
|
|
for OH&S of those under his control. An employee at this level
|
|
will be required to exercise judgement in the planning and
|
|
carrying out of work.
|
|
|
|
An employee at this level is required to ensure
application of relevant
|
|
Forest Practices Codes and Regulatory requirements.
|
|
|
|
The employee will also be responsible, with others, for
identifying
|
|
and solving problems in their work areas, if supervising
others for
|
|
initiating, co-ordinating and monitoring problem-solving
in own
|
|
work area, for identifying and reporting problems in other
work areas
|
|
where they affect activity in own work area.
|
|
|
Promotional Criteria
|
Level 5.1 is the Supervisor Entry Level and Probationary
Period,
|
|
however, initial appointment can be made at a higher level
depending
|
|
on competencies and relevant experience.
|
|
|
|
Within 12 months, training will be provided as detailed in
Note 18.
|
|
|
|
Rangers - may progress to Level 5.2 or 5.3 dependent on
the role of
|
|
their position after 12 months experience at 5.1 and being
accredited in
|
|
the training subjects, and displaying satisfactory
attendance and
|
|
performance history.
|
|
|
|
Works - will progress to Level 5.2 dependent on satisfactory
|
|
completion of training and satisfactory attendance and
performance
|
|
history and 12 months experience at 5.1.
|
|
|
|
Progress to 5.3 is dependent upon satisfactory attendance
and
|
|
performance history and 12 months experience at 5.2.
|
|
|
|
Harvesting - Plantations
|
|
|
|
as for "Works".
|
|
|
|
Harvesting - Native Forests
|
|
|
|
Progress to levels as determined by position evaluation,
after 12
|
|
months experience at 5.1, satisfactory completion of
training and
|
|
satisfactory attendance and performance history.
|
|
|
Promotional Criteria
|
An employee remains at this level until capable of
effectively
|
|
performing through assessment or appropriate certification
the tasks
|
|
required of the next level so as to enable progress as a
position
|
|
becomes available.
|
|
|
|
Promotion to levels above 5 on merit principle in all
cases.
|
|
|
LEVEL 6
|
|
|
|
Responsibility
|
Will be as determined by position description.
|
|
|
Promotional Criteria
|
Promotion within Level 6 on merit principle in all cases.
|
|
|
|
An employee at level 6 may be graded to a higher position
within this
|
|
classification than their generic level as indicated in
Appendix 4 by
|
|
evaluation of their position description.
|
|
|
APPENDIX 4
FIELDWORKER
CLASSIFICATIONS (does not include Research, Nurseries or Mechanical Trades
Staff)
Level
|
Job Title and Competencies Required
|
Responsibility
|
Notes
|
|
Compulsory
|
Job Specific
|
|
|
|
|
|
|
|
1.
|
Employee Induction 1
|
Survey (Road &
|
Level 1 & 2:
|
1. Employee
|
|
|
Precision)
|
Workers will
|
Induction
|
|
|
Field Hand
|
generally work under
|
Process within 7
|
|
|
Chemical Handling
|
direct supervision
|
days
|
|
|
Boat (River) Skills
|
(see Schedule 2)
|
|
2.
|
Employee
|
Crane Chaser
|
|
Employee
|
|
Development 2
|
|
|
Induction
|
|
|
Fire Tower
|
|
Program
|
|
|
Operator
|
|
within 6 months,
|
|
|
First Aid(Accredited)
|
|
and must include:
|
|
|
Tree Disease 4
|
|
- OH&S (Level 1)
|
|
|
Noxious Plants 4
|
|
- Fire fighter
|
|
|
|
|
(Level 1)
|
3.1 3
|
Level 1 & 2 Plus:
|
Noxious Animals 4
|
Level 3.1: (see
|
- First Aid (Non-
|
|
• 4WD Operator
|
Generators, Mowers,
|
Schedule 2)
|
Accredited)
|
|
(Light)
|
Power
|
|
- Aircraft
|
|
• Pump & Foam
|
|
|
Awareness
|
|
• Chainsaw
|
Tools, Herbicide
|
|
- Environmental
|
|
Crosscut(Level 1)
|
|
|
Care
|
|
and/or Simple Tree
|
Sprayers/
|
|
- Basic
|
|
Felling (Level 2) OR
|
|
|
Communication
|
|
Brushcutter
|
Applicators, Nursery
|
|
- Backcare
|
|
• and job
|
Implements, Tar
|
|
2. Employee
|
|
specific
|
Sprays, compressor,
|
|
Development
|
|
|
jack hammer, wacka
|
|
within 18 months
|
|
|
packa, etc.
|
|
and must include:
|
|
|
Flora or Wildlife
|
|
- 4WD (Light)
|
|
|
Identification &
|
|
- Pumps and Foam
|
|
|
Survey Techniques5
|
|
- Chainsaw
|
|
|
Hand Tool Work, eg:
|
|
Crosscut
|
|
|
pipe laying, sump
|
|
(Level 1) / Simple
|
|
|
cleaning, scrubbing
|
|
Tree
|
|
|
Tallyman,
|
|
Felling (Level 2),
|
|
|
Prescribed Burning
|
|
OR
|
|
|
|
|
Brushcutter
|
|
|
- SPD SPECIFIC
|
|
|
|
|
(for those in plantation
|
|
3. At the discretion
|
|
|
works gangs) must
|
|
of the Workplace
|
|
|
have:
|
|
Manager, a Field
|
|
|
- Select Trees, Pruning
|
|
Worker may be
|
|
|
from Ground or
|
|
graded 3.1 without
|
|
|
Ladder, Planting,
|
|
meeting ALL the
|
|
|
Chemical Handling
|
|
compulsory
|
|
|
(as appropriate to
|
|
competencies.
|
|
|
fertilising and
|
|
4 Simple
|
|
|
application of
|
|
Identification
|
|
|
herbicides by hand
|
|
and Control
|
|
|
and mechanical
|
|
|
|
|
means)
|
|
5 Non-Accredited
|
|
|
|
|
|
|
|
SPD Specific -
|
|
6 3.2 Co-ordinator
|
|
|
additional silvicultural
|
|
position is used as
|
|
|
competencies,
|
|
HDA when regular
|
|
|
- Fertilising by hand or
|
|
supervisor is
|
|
|
|
|
absent for periods
|
|
|
machine
|
|
of less than 1 day.
|
|
|
- Release trees/control
|
|
|
|
|
weeds
|
|
If supervisor is
|
|
|
- Conduct non-
|
|
frequently absent
|
|
|
commercial thinning
|
|
from the job site
|
|
|
operations
|
|
for periods of less
|
|
|
- Tree selection,
|
|
than 1 day on a
|
|
|
marking & tracking for
|
|
regular basis, the
|
|
|
harvesting (minor
|
|
position should be
|
|
|
instruments, no FS&W
|
|
permanent 3.2
|
|
|
accreditation & no
|
|
(with Basic
|
|
|
inventory work)
|
|
Supervisor
|
|
|
|
|
Training).
|
|
|
Pine Seed Orchard
|
|
|
|
|
Field Hand
|
|
|
|
|
|
|
|
3.2
|
Level 3.1 Plus:
|
|
Level 3.2:
|
7. With FS&W
|
|
|
|
Intermittently
|
accreditation,
|
|
• Map Reading
|
|
responsible for
|
inventory work &
|
|
• Knowledge&
|
|
provision of the co-
|
complex
|
|
understanding of
|
|
ordination of work
|
instruments
|
|
relevant Forest
|
|
performed by a small
|
required.
|
|
Practices Codes OR
|
|
group and on-the-job
|
|
|
Level 3.1. Plus
|
|
training(non-
|
8. Requires LR
|
|
Chainsaw Advanced
|
|
accredited) for that
|
Licence only.
|
|
(Level 3)
|
|
group.6
|
|
|
|
|
|
9. Some require
|
|
|
|
|
MR Licence and
|
|
|
|
|
FS&W Roading
|
|
|
|
|
(Operator)
|
|
|
|
|
- All require
|
|
|
|
|
Environmental
|
|
|
|
|
Awareness
|
|
|
|
|
(operator)
|
4.1
|
Level 3.1 Plus any of
|
- Map Reading
|
Level 4.1:
|
- Includes towed
|
|
the job specific
|
- Tree Marking and
|
(See Schedule 2)
|
implements,
|
|
competencies.
|
Tracking7
|
Application of relevant
|
trailers and
|
|
|
- Planting Machine
|
Forest
|
powered
|
|
|
- Light Truck 8
|
Practices Code.
|
implements/
|
|
|
- Fork Lift
|
|
attachments.
|
|
|
- Incendiary
|
|
|
|
|
Machine Operator
|
|
|
|
|
- FLIR Operator
|
|
|
|
|
Plantations
|
|
|
|
|
Flora or Wildlife
|
|
|
|
|
Identification and
|
|
|
|
|
survey techniques
|
|
|
|
|
(accredited)
|
|
|
|
|
Forest Plotting
|
|
|
|
|
Marvl Inventory
|
|
|
|
|
4WD Heavy
|
|
|
4.2
|
Level 3.1 Plus
|
Native Forests:
|
Level 4.2:
|
10. Requires map
|
|
Operator, any of 9 Fire
|
Flora or Wildlife
|
As for 4.1
|
reading
|
|
Tanker 10,
|
Identification
|
|
11. Dangerous
|
|
Single Axle Truck, 2 or
|
& survey
|
|
goods licence as
|
|
4WD
|
techniques(accredited)
|
|
appropriate
|
|
Tractor, FE Loader,
|
Tree measurement,
|
|
12. All require FS
|
|
Self-propelled
|
growth plot
|
|
& W, roading
|
|
Road Roller, S.O.F.T.
|
establishment,
|
|
(operator)
|
|
Truck, Truck
|
measurement &
|
|
|
|
+ HIAB, Fuel Truck
|
maintenance.
|
|
|
|
11, Bobcat Carpenter/
|
|
|
|
|
tradesman Storeman
|
|
|
|
|
(no fuel issue)
|
|
|
|
|
|
|
|
|
4.3
|
Level 3.1 +
|
Note 9.
|
Level 4.3:
|
13. Includes
|
|
Operator 12: any of
|
|
As for 4.1
|
operation and
|
|
Grader,
|
|
|
maintenance of
|
|
All Bulldozers,
|
|
|
application
|
|
Scrapers,
|
|
|
equipment and
|
|
Excavator, Backhoe,
|
|
|
chemical mixing,
|
|
140 HP + 4WD
|
|
|
handling and
|
|
Tractor, 4WD Tractor
|
|
|
security.
|
|
with herbicide
|
|
|
14. Requires HR
|
|
application 13,
|
|
|
Licence
|
|
Bogie drive Truck 14,
|
|
|
|
|
Traxcavator Storeman
|
|
|
|
|
(with fuel issue).
|
|
|
|
4.4
|
Co-ordinator 15 4.1 or
|
|
Level 4.4:
|
15. Co-ordinator
|
|
4.2 or 4.3
|
|
As for 4.1 plus to
|
position is used as
|
|
plus Basic Supervisor
|
|
ensure application of
|
HDA when regular
|
|
Skills, Map
|
|
relevant Forest
|
Supervisor is
|
|
Reading, FS&W,
|
|
Practices Codes.
|
absent for periods
|
|
Roading
|
|
Co- ordinate work
|
of less than 1 day.
|
|
(Supervisor), Fire
|
|
and/or other Level
4
|
If Supervisor is
|
|
Fighter
|
|
Field Workers AND
|
frequently absent
|
|
Level 2 (crew leader)
|
|
conduct on-the-job
|
from the job site
|
|
16
|
|
training (non-
|
for periods of less
|
|
|
|
accredited) as required.
|
than1 day on a
|
|
Low Loader Driver 17
|
|
|
regular basis, the
|
|
|
|
|
position should be
|
|
|
|
|
permanent 4.4.
|
|
|
|
|
|
|
|
|
|
16. Lower graded
|
|
|
|
|
employees are
|
|
|
|
|
paid a higher
|
|
|
|
|
duties allowance of
|
|
|
|
|
4.4for fire crew
|
|
|
|
|
leader duties.
|
|
|
|
|
|
|
|
|
|
17. Requires HC
|
|
|
|
|
Licence which
|
|
|
|
|
authorises float
|
|
|
|
|
driving or towing
|
|
|
|
|
trailer over 9
|
|
|
|
|
tonnes gross mass.
|
|
|
|
|
|
|
NFD, SPD & HPD
|
|
|
|
Compulsory
|
|
|
5.1
|
Harvesting
|
Works17 (a)
|
Rangers
|
Closely Supervised to
|
General: (Level 5)
|
23
|
3.1 + 18
|
3.1 + 18
|
3.1 + 19
|
ensure
|
All include job
|
|
|
|
Recreation
|
application of relevant
|
specific
|
|
|
|
Facilities
|
Forest
|
competencies.
|
|
|
|
Maintenance
|
Practice Codes
|
17 (a) Works:
|
|
|
|
|
|
- plantation
|
|
|
|
|
|
establishment,
|
|
|
|
|
|
tending &
|
|
|
|
|
|
maintenance
|
|
|
|
|
|
- general
|
|
|
|
|
|
construction,
|
|
|
|
|
|
maintenance &
|
|
|
|
|
|
protection
|
|
|
|
|
|
- Road & precision
|
|
|
|
|
|
survey
|
|
|
|
|
|
- Inventory (SPD)
|
|
|
|
|
|
18 Entry Level,
|
|
|
|
|
|
training must occur
|
|
|
|
|
|
within 12 months
|
|
|
|
|
|
in:
|
|
|
|
|
|
- Fire fighter Level
|
|
|
|
|
|
2 (crew leader)
|
|
|
|
|
|
- Basic Computer
|
|
|
|
|
|
- Map Reading
|
|
|
|
|
|
- Supervisor Skills
|
|
|
|
|
|
(advanced - job
|
|
|
|
|
|
management skills)
|
|
|
|
|
|
- FS&W, harvest or
|
|
|
|
|
|
roads (op & sup)
|
|
|
|
|
|
- Incident Control
|
|
|
|
|
|
System
|
|
|
|
|
|
Familiarisation
|
|
|
|
|
|
- Workplace
|
|
|
|
|
|
Assessor(Non-
|
|
|
|
|
|
accredited)
|
|
|
|
|
|
- OH&S (Level 2)
|
|
|
|
|
|
- Environmental
|
|
|
|
|
|
Awareness
|
|
|
|
|
|
(Supervisor)
|
|
|
|
|
|
|
|
|
|
|
|
|
19. Basic
|
|
|
|
|
|
Communication
|
|
|
|
|
|
skills - Recreation
|
|
|
|
|
|
Facilities
|
|
|
|
|
|
Maintenance
|
|
NFD, SPD & Hardwood Plantations Division
|
|
|
|
Compulsory
|
|
|
|
|
|
|
|
|
5.2
|
Harvesting
|
Works
|
Rangers
|
Generally Supervised
|
20. Supervise
|
|
|
|
Noxious
|
• To ensure application
|
Minor Works
|
|
5.1 Plus
|
5.1 Plus
|
Animal
|
of relevant Forest
|
Operations.
|
|
FS&W,
|
plantation
|
Management
|
Practices Codes
|
|
|
Harvesting
|
works (20
|
and /or Weed
|
• Survey Aboriginal
|
21.Developmental
|
|
(Operator
|
&21)
|
Management
|
Cultural Heritage
|
Level
|
|
& Supervisor)
|
|
|
sites within the
|
(refer Schedule 2).
|
|
21
|
5.1 Plus
|
|
Region in line with
|
|
|
|
FS&W Roads
|
|
legislative
|
22. Noxious
|
|
|
|
|
requirements
|
|
|
|
(Operator &
|
|
for the purpose of
|
Animal and/or
|
|
|
Supervisor)
|
|
planning,
|
Weed Control
|
|
|
|
|
identification,
|
|
|
|
for Road
|
|
protection and
|
Management does
|
|
|
Construction
|
|
recommending
|
not progress to 5.3.
|
|
|
&
|
|
management practices
|
|
|
|
Maintenance
|
|
|
23. Aboriginal
|
|
|
Supervisor (20
|
|
|
Cultural Heritage
|
|
|
& 21)
|
|
|
Officer positions
|
|
|
|
|
|
are designed at
|
|
|
5.1 Plus
|
|
|
three levels i.e.
|
|
|
Noxious
|
|
|
Level 1 (Entry
|
|
|
Animal and/
|
|
|
Level), Level 2 &
|
|
|
or Weed
|
|
|
Level 3. Level 1
|
|
|
Control.
|
|
|
can be appointed in
|
|
|
|
|
|
the range 5.1 to 5.3
|
|
|
Management
|
|
|
depending on
|
|
|
22
|
|
|
knowledge, skills,
|
|
|
|
|
|
experience and
|
|
|
|
|
|
responsibility.
|
|
|
|
|
|
|
|
|
|
|
|
Aboriginal
|
|
|
|
|
|
Cultural
|
|
|
|
|
|
Heritage
|
|
|
|
|
|
Officers at Level 5
|
|
|
|
|
|
are able to
|
|
|
|
|
|
identify and report
|
|
|
|
|
|
on Aboriginal sites
|
|
|
|
|
|
and assist in the
|
|
|
|
|
|
development of
|
|
|
|
|
|
management
|
|
|
|
|
|
options to protect
|
|
|
|
|
|
those sites.
|
|
NFD, SPD & Hardwood Plantations Division
|
|
|
|
Compulsory
|
|
|
5.3
|
Harvesting
|
Works
|
Rangers
|
Broadly Supervised
|
24. Can supervise
|
|
(24)
|
(24)
|
Education and
|
To ensure application
|
several Works
|
|
|
|
Community
|
of relevant
|
Operations.
|
|
|
|
Liaison
|
Forest Practices Codes
|
Can supervise
|
|
|
|
(25)
|
|
minor Harvesting
|
|
|
|
|
|
Operations.
|
|
|
|
|
|
|
|
|
|
|
|
25. Advanced
|
|
|
|
|
|
Communications,
|
|
|
|
|
|
Presentations
|
|
|
|
|
|
Skills, Customer
|
|
|
|
|
|
Service.
|
|
|
|
|
|
|
|
|
|
Compulsory
|
Job Specific
|
|
|
6.1
|
Native Forests Division
|
|
See schedule 2.
|
26. SFO - Cypress
|
|
|
|
|
& Red Gum
|
|
SFO 26
|
|
|
products
|
|
Supervisor Flora &
|
|
|
|
|
Fauna survey.
|
|
|
|
|
Supervisor Inventory
|
|
|
27. SFO - all other
|
|
team.
|
|
|
native products
|
|
|
|
|
Lower graded
|
|
|
|
|
employees are
|
|
|
|
|
paid a higher duties
|
|
|
|
|
allowance to 6.1
|
|
|
|
|
for sector boss
|
|
|
|
|
work.
|
|
|
|
|
|
6.2
|
Native Forests Division
|
|
See schedule 2.
|
28. Supervises one
|
|
SFO 27
|
|
In addition to the
|
or more harvesting
|
|
Softwood Plantations
|
|
duties of the Level.
|
operations with
|
|
Division
|
|
1 ACHO position,
|
product
|
|
Harvesting Operation/
|
|
assists in
|
segregation,
|
|
Merchandising
|
|
developing and
|
compliance with
|
|
Supervisor 28
|
|
implementing
|
Code and
|
|
|
|
training/information
|
Harvesting Plan,
|
|
|
|
programs & sessions
|
planning assistance
|
|
|
|
on Aboriginal Cultural
|
and day- to-day
|
|
|
|
Heritage issues,
|
organisational
|
|
|
|
including general
|
responsibilities.
|
|
|
|
awareness and more
|
|
|
|
|
detailed training
|
29. Program
|
|
|
|
in specific aspects.
|
coordinator.
|
|
|
|
Survey Aboriginal
|
Can supervise other
|
|
|
|
Cultural Heritage sites
|
supervisors from
|
|
|
|
within the Region in
|
level 5 or 6
|
|
|
|
line with legislative
|
In addition to Level
|
|
|
|
requirements for the
|
5 criteria, Level 2
|
|
|
|
purpose of planning,
|
ACHO's at Level
|
|
|
|
identification,
|
6.2 are able to
|
|
|
|
protection and
|
develop co-
|
|
|
|
recommending
|
management
|
|
|
|
management practices.
|
projects on State
|
|
|
|
Monitor Aboriginal
|
forests, resolve
|
|
|
|
sites within native
|
conflict with
|
|
|
|
forest areas managed
|
stakeholder groups
|
|
|
|
by Forests NSW
|
and train Forests
|
|
|
|
and this may also
|
NSW’ staff and
|
|
|
|
include plantations,
|
Aboriginal
|
|
|
|
and in some Instances
|
community groups
|
|
|
|
private property where
|
in cultural heritage
|
|
|
|
Forests NSW enters
|
issues
|
|
|
|
into joint management
|
|
|
|
|
arrangements.
|
|
|
|
|
|
|
|
|
|
|
|
30. Proceed to
|
|
|
|
See schedule 2.
|
level 6.3 with a
|
|
|
|
|
minimum of 2
|
|
|
|
|
years experience
|
|
|
|
|
with satisfactory
|
|
|
|
|
performance at 6.2
|
|
|
|
|
AND
|
|
|
|
|
responsible for
|
|
|
|
|
complex
|
|
|
|
|
operational
|
|
|
|
|
procedures AND
|
|
|
|
|
works basically
|
|
|
|
|
unsupervised.
|
6.3
|
Softwood Plantations &
|
|
|
31 Can supervise
|
|
Native
|
|
|
other supervisors at
|
|
Forests Divisions
|
|
|
level 5 or 6.
|
|
Works,
|
|
|
|
|
road construction and
|
|
|
32. Field Workers
|
|
maintenance
|
|
|
at this level may
|
|
programs co-ordination
|
|
|
also fill positions
|
|
29
|
|
|
with a high degree
|
|
Native Forests Division
|
|
|
of specialised
|
|
Supervising Forest
|
|
|
technical skill.
|
|
Officer 30
|
|
|
|
|
|
|
|
|
6.4
|
Native Forests &
|
|
See schedule 2
|
Lower graded
|
31
|
Softwood
|
|
ACHO Level 3
|
employees are paid
|
&
|
Plantations Divisions
|
|
Participation in
|
a higher duties
|
32
|
Harvesting,
|
|
Aboriginal Heritage
|
allowance to 6.4
|
|
Merchandising or
|
|
Committees at
|
for divisional
|
|
Harvest Planning
|
|
Regional and
|
commander work.
|
|
Program
|
|
Corporate levels.
|
There will
|
|
Coordinator
|
|
Contribute to the
|
generally be no
|
|
Native Forests Division
|
|
development of
|
more than 1 ACHO
|
|
SFO Coordinator or
|
|
forest co-management
|
Level 3 in each
|
|
Planning Assistant
|
|
and/or joint
|
Region but be
|
|
|
|
venture management
|
responsible for
|
|
|
|
agreements
|
similar duties
|
|
|
|
between Forests NSW
|
But is responsible
|
|
|
|
and the
|
for Maintaining
|
|
|
|
Aboriginal
|
and regulate the
|
|
|
|
communities.
|
Aboriginal Site
|
|
|
|
|
database and
|
|
|
|
|
oversight the duties
|
|
|
|
|
and responsibilities
|
|
|
|
|
of the Level 2 &
1
|
|
|
|
|
ACHO.
|
|
|
|
|
In addition must
|
|
|
|
|
Develop, organise
|
|
|
|
|
and run training
|
|
|
|
|
/information
|
|
|
|
|
Programs /sessions
|
|
|
|
|
on Aboriginal
|
|
|
|
|
Cultural Heritage
|
|
|
|
|
issues, including
|
|
|
|
|
general awareness
|
|
|
|
|
and more detailed
|
|
|
|
|
training in specific
|
|
|
|
|
aspects.
|
APPENDIX 5
MECHANICAL &
RADIO SERVICES
MECHANICAL TRADES
CLASSIFICATIONS
Skill Level
|
Wage
|
Responsibility
|
Skills
|
Knowledge
|
|
Points
|
|
|
|
Mechanical
|
FW
|
Works under
|
Perform tasks and processes
|
Trades Certificate or
|
Tradesperson
|
4.3
|
routine
|
of a trades
|
equivalent in an
|
Grade 1
|
|
supervision
|
standard under general
|
appropriate
|
|
|
|
|
mechanical trade
|
|
|
either
|
supervision either
|
and holds an
|
|
|
individually or in
|
individually or in a team
|
MVRIC Tradesman’s
|
|
|
a team
|
environment.
|
Certificate.
|
|
|
environment
|
Ability to read and interpret
|
Basic knowledge of
|
|
|
|
technical manuals, drawings
|
OH&S matters
|
|
|
|
|
sufficient
|
|
|
|
and basic schematic
|
to ensure performance
|
|
|
|
diagrams.
|
of routine tasks.
|
|
|
|
Undertakes all tasks
|
|
|
|
|
incidental to their general
|
|
|
|
|
work.
|
|
|
|
|
|
|
Grade 1a
|
FW
|
|
As for 4.3 together with one
|
As for 4.3 together
|
|
4.4
|
|
additional post-trade
|
with one post trade
|
|
|
|
qualification appropriate to
|
qualification from the
|
|
|
|
the specific work
|
areas in 5.1
|
|
|
|
environment.
|
|
|
|
|
|
|
Mechanical
|
FW
|
Works under
|
Holds a trades certificate, at
|
As for 4.4 together
|
Tradesperson
|
5.1
|
limited
|
least one relevant post-trades
|
with a post trade
|
Grade 2
|
|
supervision
|
qualification(or equivalent)
|
qualification,
|
|
|
|
|
necessary
|
|
|
either
|
which can be fully utilised in
|
licences and at least
|
|
|
individually or in
|
the work environment.
|
12months experience
|
|
|
a team
|
Has a minimum of 12
|
in at least one of the
|
|
|
environment
|
months experience in an
|
following areas:
|
|
|
|
appropriate work
|
Heavy Vehicle
|
|
|
|
environment.
|
Maintenance
|
|
|
|
Able to demonstrate abilities
|
General vehicle
|
|
|
|
and a capacity for working
|
maintenance
|
|
|
|
efficiently on relevant tasks
|
Earthmoving
|
|
|
|
|
Equipment
|
|
|
|
and processes under general
|
Maintenance
|
|
|
|
supervision. Ability to
|
Air-conditioning
|
|
|
|
exercise diagnostic skills
|
Maintenance
|
|
|
|
suitable for
|
Hydraulics
|
|
|
|
performing routine
|
Welding (gas, arc,
|
|
|
|
maintenance and repair
|
MIG & TIG)
|
|
|
|
functions.
Undertakes all
|
Fitting and
|
|
|
|
tasks incidental to their
|
Machining
|
|
|
|
general work.
|
Auto-Electrical
|
|
|
|
Holds a trades certificate, at
|
|
Mechanical
|
FW
|
Works under
|
least three relevant post-trades
|
As for 5.1 together
|
Tradesperson
|
5.2
|
general
|
qualification (or equivalent)
|
with three relevant
|
Grade 3
|
|
guidance either
|
which can be fully utilised in
|
post trade
|
|
|
individually or
|
the work environment.
|
qualifications or
|
|
|
in a team
|
Has a minimum of 2 years
|
equivalent, necessary
|
|
|
environment
|
experience in an appropriate
|
licences and at least 2
|
|
|
|
work environment.
Able to
|
years experience in at
|
|
|
|
carry out tasks and processes
|
least three of the
|
|
|
|
to a high standard of quality,
|
above areas. In
depth
|
|
|
|
efficiently and with only
|
knowledge and
|
|
|
|
general guidance.
Ability to
|
understanding of
|
|
|
|
read and interpret complex
|
systems and
|
|
|
|
technical manuals, drawings
|
equipment involved
|
|
|
|
and schematic diagrams and
|
in at least four of the
|
|
|
|
exercise advanced diagnostic
|
areas described for
|
|
|
|
|
5.1. Knowledge of
|
|
|
|
skills in all technical areas.
|
OH&S techniques,
|
|
|
|
Undertakes all tasks
|
legislation and work
|
|
|
|
incidental to their general
|
practices appropriate
|
|
|
|
work.
|
to all work
|
|
|
|
Capable of providing trade
|
undertaken at this
|
|
|
|
guidance and assistance to
|
level.
|
|
|
|
other members of a work
|
Understanding of the
|
|
|
|
team.
|
principles and
|
|
|
|
|
practices involved in
|
|
|
|
|
quality control
|
|
|
|
|
|
Mechanical
|
FW
|
Works under
|
As for 5.2 with at least four
|
As for 5.2 together
|
Tradesperson
|
5.3
|
general
|
relevant post-trade
|
with an in-depth
|
Grade 4
|
|
guidance either
|
qualifications (or equivalent)
|
knowledge and
|
|
|
individually or
|
which can be fully utilised in
|
understanding of all
|
|
|
in a team
|
|
aspects of systems
|
|
|
environment
|
|
and
|
|
|
|
|
|
|
|
|
the work environment. Able
|
equipment regularly
|
|
|
|
to complete a wide range of
|
encounter in the job,
|
|
|
|
complex tasks and processes
|
including those areas
|
|
|
|
to a high standard of quality,
|
described in 5.1
|
|
|
|
efficiently and with only
|
Qualifications and
|
|
|
|
general guidance.
|
experience suitable
|
|
|
|
Capable of providing trade
|
for obtaining an RTA
|
|
|
|
guidance and assistance to
|
Examiner's
|
|
|
|
other members of a work
|
Licence for all
|
|
|
|
team.
|
equipment operated
|
|
|
|
Exercises advanced
|
by Forests NSW.
|
|
|
|
diagnostic skills in all
|
|
|
|
|
technical areas. Capable of
|
|
|
|
|
carrying out the requirements
|
|
|
|
|
of RTA inspections
|
|
|
|
|
|
|
Progression to Level 6 is by merit selection for an
advertised vacancy only
|
Mechanical
|
FW
|
Works under
|
As for 5.3 while also
|
As for 5.3 together
|
Trades Team
|
|
general guidance
|
responsible for supervision
|
with full
|
Leader
|
|
in technical areas
|
of and provision of trade
|
understanding of the
|
|
|
and routine
|
guidance and assistance
|
principles and
|
|
|
supervision for
|
to other members of a
|
practices of
|
|
|
job control
|
work team. Carry out limited
|
supervision and a
|
|
|
functions.
|
administrative functions
|
good general
|
|
|
|
including job allocation to
|
understanding of
|
|
|
|
others, dealing with
|
all technical aspects
|
|
|
|
customers, job
|
of workshop
|
|
|
|
time and cost control
|
operations.
|
|
6.1
|
|
|
|
|
|
|
|
|
Mechanical
|
FW
|
Works under
|
As for 5.3 while also
|
As for 5.3 together
|
Trades
|
6.2
|
general guidance
|
responsible for supervision
|
with full
|
|
|
in technical areas
|
and technical control of
|
understanding of the
|
|
|
and limited
|
a small annex at a location
|
principles and
|
Supervisor
|
|
supervision for
|
remote from the main
|
practices of
|
|
|
administrative
|
workshop (includes one-man
|
supervision and a
|
Grade 1
|
|
and financial
|
annexes). Provide supervision
|
good general
|
|
|
functions.
|
and technical guidance to
|
knowledge and
|
|
|
|
other members of a work
|
understanding of all
|
|
|
|
team of up to two permanent
|
technical aspects of
|
|
|
|
members. Assist
manager
|
workshop
|
|
|
|
with administrative functions
|
operations.
|
|
|
|
such as: detailed job time and
|
|
|
|
|
cost control, preparation of
|
Understanding of
|
|
|
|
quotations, liaison with
|
principles and
|
|
|
|
customers, inventory control,
|
practices
|
|
|
|
purchasing.
|
involved in job
|
|
|
|
|
control and technical
|
|
|
|
|
administration.
|
|
|
|
|
|
Mechanical
|
FW
|
Works under
|
As for 5.3 while also
|
As for 5.3 together
|
|
|
general guidance
|
responsible for supervision
|
with full
|
Trades
|
6.3
|
in technical and
|
of and provision
|
understanding of the
|
Supervisor
|
|
administrative
|
of technical guidance to all
|
principles and
|
Grade 2
|
|
areas and limited
|
workshop staff (work teams
|
practices of
|
|
|
supervision for
|
will consist of three or more
|
supervision and a
|
|
|
financial
|
staff). Independently
|
good general
|
|
|
functions.
|
responsible for controlling
|
knowledge and
|
|
|
|
all aspects of day- to-day
|
understanding of all
|
|
|
|
operations of a substantial
|
technical aspects of
|
|
|
|
work team.
|
workshop operations.
|
|
|
|
Provide administrative
|
Full understanding of
|
|
|
|
functions in support of the
|
principles and
|
|
|
|
workshop manager
|
practices involved
|
|
|
|
such as: job time and cost
|
in job control and
|
|
|
|
control, preparation of
|
technical
|
|
|
|
quotations, liaison with
|
administration.
|
|
|
|
customers, inventory control,
|
Good understanding
|
|
|
|
purchasing.
|
of financial
|
|
|
|
Assist Manager in planning &
|
and general
|
|
|
|
financial areas (for both
|
administrative policy
|
|
|
|
workshop & annex locations)
|
and requirements.
|
|
|
|
including: overhead
|
|
|
|
|
expenditure control, budget
|
|
|
|
|
preparation, routine reporting,
|
|
|
|
|
detailed job and staff
|
|
|
|
|
planning, stores requirements,
|
|
|
|
|
asset control.
|
|
|
|
|
|
|
APPENDIX 6
APPRENTICES
WORKSHOPS &
NURSERIES
WAGE RATES
As a percentage of Fieldworker Grade 4.3
1st Year - 42%
2nd Year - 55%
3rd Year - 75%
4th Year - 88%
Adult apprenticeship rates (Workshops only)
Adult Apprentices as a percentage of Fieldworker Grade 4.3:
1st Year - 78%
2nd Year - 83%
3rd Year - 86%
4th Year - 90%
Apprentice Training
When required to attend block release at a location where it
is not practical to return home daily, the cost of public transport,
accommodation, meal and incidental expenses will be reimbursed.
Travel to and from block release or single day attendance,
outside normal working hours, will be reimbursed at single time rates.
For single day attendance where fares are in excess of those
incurred in travelling to and from their normal place of work, apprentices will
be reimbursed fares based on public transport rates.
APPENDIX 7
CLASSIFICATIONS
RESEARCH &
DEVELOPMENT
Level
|
Job Title & Competencies Required
|
Responsibility
|
Notes
|
|
Compulsory
|
Job Specific
|
|
|
3.1 1
|
General knowledge of
|
Planting
|
3.1 Work closely
|
1. General
|
|
|
|
|
entry level
|
3.2
|
forest management
|
Fertilising
|
supervised.
|
for R&DD
|
|
practices.
|
Herbicide application
|
3.2 Work with general
|
duties with one
|
|
|
Safety awareness
|
supervision.
|
annual
|
|
Basic map reading 2
|
Fire fighting
|
|
progression
|
|
Competence in
|
|
|
based on
|
|
precision
|
|
|
satisfactory
|
|
measurement.
|
|
|
performance.
|
|
Understanding
|
|
|
2. Ability to
|
|
of sampling
|
|
|
read road
|
|
procedures.
|
|
|
maps, interpret
|
|
Drivers licence.
|
|
|
plot layout
|
|
4WD operator.
|
|
|
diagrams
|
|
|
|
|
|
4.43
|
Advanced map reading
|
In at least 3 of
|
As per 3.2 plus
|
3. Entry based
|
|
|
|
|
on
|
|
/interpretation.4
|
following:
|
Ability to work
|
demonstrated
|
|
Establish, measure and
|
Flora and/or Wildlife
|
individually under
|
competency
|
|
monitor field
|
Id. and
|
general supervision
|
at 3.2
|
|
experiments.
|
Survey Techniques
|
and ability to supervise
|
4. Detailed
|
|
Basic problem solving/
|
Tree and
|
others in the operation
|
understanding
|
|
assessment.
|
Growth Plot M'ment
|
of research equipment
|
of topographic
|
|
Basic computer skills.
|
Growth plot est'ment
|
and in research
|
maps, able to
|
|
Research equipment
|
& maint. Methods of
|
activities.
|
precisely
|
|
usage/ maintenance.
|
application of trial
|
|
locate
|
|
Ability to plan the
|
treatments as required.
|
|
boundaries
|
|
methods and the order
|
Ability to operate
|
|
and draw
|
|
in which tasks are to
|
research equipment
|
|
detailed
|
|
be completed.
|
such as clinometer,
|
|
locality and
|
|
|
compass, height stick,
|
|
plot layout
|
|
|
bark gauge. MARVL
|
|
maps.
|
|
|
inventory Adv.
|
|
5. Biological,
|
|
|
skill in physical or data
|
|
water, soils or
|
|
|
sampling & storage
|
|
site
|
|
|
procedures.5
|
|
information.
|
|
|
Operate & maintain
|
|
|
|
|
relevant equipment 6
|
|
6. Chainsaw
|
|
|
|
|
certificate, data
|
|
|
|
|
loggers,
|
|
|
|
|
dendrometer,
|
|
|
|
|
meteorological
|
|
|
|
|
stations, GPS
|
|
|
|
|
etc.
|
5.3 7
|
Understanding of
|
Competency in at a
|
as per 4.4 plus
|
7. One level
|
|
|
|
|
with entry
|
|
research approach&
|
least 6 of the
|
Work unsupervised,
|
based on
|
|
application of scientific
|
following:
|
supervise other staff
|
demonstrated
|
|
method.
|
Data mgt/quality
|
and minor contractors.
|
competency at
|
|
|
control Ability to
|
|
Level 4.4.
|
|
|
check & process
|
|
|
|
Advanced problem-
|
|
|
8. Accurate,
|
|
|
|
|
timely and
|
|
solving skills (ability
|
initial data.
|
|
reliable reports
|
|
to assist in the design
|
Techniques which
|
|
on research
|
|
of research trials and
|
ensure a quality
|
|
trials including
|
|
plan for
|
outcome of the job
|
|
recommen.
|
|
contingencies).
|
undertaken.
|
|
for future trials
|
|
|
Basic knowledge of
|
|
concerning
|
|
Decision making
|
sources of error and
|
|
research trials
|
|
ability.
|
bias.
|
|
including
|
|
|
Strong reporting ability
|
|
recommen.
|
|
Data entry ability,
|
8
|
|
for future trials.
|
|
produce data
|
Advanced flora/ fauna
|
|
|
|
summaries, report
|
identification 9
|
|
9 Awareness and
|
|
writing ability.
|
Ability to conduct
|
|
understanding
|
|
|
specialised
|
|
of botanical/
|
|
Financial management
|
surveys 10
|
|
fauna
|
|
|
|
|
referencing
|
|
skills.
|
Capacity to supervise
|
|
and procedures
|
|
Strong interpersonal
|
several
|
|
involved in
|
|
and
|
research gangs and be
|
|
collecting and
|
|
communication skills.
|
responsible for large
|
|
lodging
|
|
|
data sets captured in
|
|
voucher
|
|
|
the field.
Operate,
|
|
material
|
|
|
|
|
(tissue,
|
|
|
monitor and service a
|
|
specimen,
|
|
|
wide variety of plant
|
|
spoor etc.).
|
|
|
and
|
|
|
|
|
equipment 11.
|
|
10. surveys
|
|
|
|
|
conducted that
|
|
|
Relevant Trades
|
|
incorporate an
|
|
|
Certificate as required.
|
|
understanding
|
|
|
|
|
of customer
|
|
|
|
|
specification
|
|
|
|
|
and the
|
|
|
|
|
planning and
|
|
|
|
|
implementation
|
|
|
|
|
of these
|
|
|
|
|
surveys.
|
|
|
|
|
11. Data
|
|
|
|
|
loggers,
|
|
|
|
|
dendrometers,
|
|
|
|
|
anabat etc.
|
6.4 12
|
A well developed
|
At least three of the
|
As per 5.3 plus
|
12. Entry based
|
|
knowledge
|
following:
|
Responsible for a high
|
on
|
|
of the particular
|
Highly effective
|
degree of efficiency,
|
demonstrated
|
|
scientific
|
interpersonal and
|
precision and accuracy
|
competency at
|
|
discipline in which the
|
communication skills.
|
in all work performed.
|
Lvl 5.3.
|
|
position functions 13.
|
Establish and maintain
|
|
|
|
|
contacts with foresters,
|
|
13. Generally
|
|
Highly developed
|
managers or relevant
|
|
gained through
|
|
problem
|
external
|
|
extensive
|
|
solving skills 14.
|
agencies/clients.
|
|
experience
|
|
|
|
|
working in that
|
|
Highly developed
|
Advanced computer
|
|
discipline/area.
|
|
ability to plan and
|
skills in Word and
|
|
|
|
supervise work 15.
|
Excel. Understanding
|
|
14. Ability to
|
|
|
of GIS operation.
|
|
overview
|
|
|
|
|
experiments,
|
|
|
Advanced keyboard
|
|
machinery or
|
|
|
and electronic data
|
|
operating
|
|
|
capture 16.
|
|
systems
|
|
|
|
|
to diagnose any
|
|
|
|
|
faults and
|
|
|
|
|
remedy
|
|
|
|
|
faults.
|
|
|
|
|
|
|
|
Advanced technical
|
|
15 Requires
|
|
|
report
|
|
well-developed
|
|
|
writing 17.
|
|
logistical skills
|
|
|
|
|
to enable
|
|
|
Soil assessment and
|
|
efficient use
|
|
|
characterisation and
|
|
of employees,
|
|
|
|
|
materials and
|
|
|
reporting to
|
|
time.
|
|
|
regulator 18
|
|
Requires an
|
|
|
|
|
ability to adopt
|
|
|
|
|
contingency
|
|
|
|
|
planning.
|
|
|
|
|
|
|
|
|
|
16 Supervision
|
|
|
|
|
of research
|
|
|
|
|
data entry,
|
|
|
|
|
analysis and
|
|
|
|
|
manipulation
|
|
|
|
|
of such data.
|
|
|
|
|
|
|
|
|
|
17. such as
|
|
|
|
|
reports that
|
|
|
|
|
may require
|
|
|
|
|
specialist
|
|
|
|
|
representation
|
|
|
|
|
in court
|
|
|
|
|
or reports to a
|
|
|
|
|
Regulatory
|
|
|
|
|
agency as the
|
|
|
|
|
basis for
|
|
|
|
|
compliance to
|
|
|
|
|
a licence.
|
|
|
|
|
|
|
|
|
|
18. such as
|
|
|
|
|
Regolith soils
|
|
|
|
|
work for EPA
|
|
|
|
|
licence.
|
APPENDIX 8
GRIEVANCE &
DISPUTE RESOLUTION PROCEDURES
Forests NSW is committed to delivering an equitable and
productive work environment. The
following grievance and dispute resolution procedures aim to effectively deal
with employees work-related concerns and grievances by creating and sustaining a
workplace environment that values employees and deals with work-related
concerns promptly, impartially, fairly and with the utmost confidentiality.
All employees and managers are encouraged to be aware of
their responsibility/obligation to recognise and address grievances and
disputes within their workplace in accordance with the following guidelines in
order to ensure Forests NSW remains a fair, equitable and professional
workplace.
Grievance:
A "grievance" is a clear statement by an
individual employee of a work-related problem, concern, complaint or
difficulty. Grievances can range from
the very minor and easy to resolve to the extremely serious, which may involve
formal disciplinary action;
eg:
John may feel he has a grievance because he has been
overlooked when it comes to training opportunities, whereas other employees in
his Division have had multiple opportunities to undertake training.
Kathryn may feel she has a grievance because of being
denied recreation leave, while others in her work area have no trouble getting
away for a holiday.
Grievances can involve:
interpretation and application of management policies
lack of workplace communication of work-related issues
interpersonal conflict (eg: between employees, or
between an employee and supervisor)
Occupational Health and Safety issues
alleged discrimination within the meaning of the
Anti-Discrimination Act 1977 (racial, sexual, or on the basis of a disability)
problems in understanding or interpreting an Award or
enterprise agreement
work environment problems (eg: lighting, heating,
office equipment)
Appeals against decisions
Dispute:
A "dispute" is a complaint, concern or difficulty,
which can affect an individual employee, but more commonly involves a group of
employees;
eg:
A decision which changes the working conditions of a
group of employees within a given work area.
If I have a grievance/dispute, whom can I go to for
assistance?
The majority of concerns or problems raised by Forests NSW
employees are resolved at an informal level, before they become formal
grievances or disputes. Most are
resolved by discussions between the parties, or with the supervisor or
decision-making area. Clarifying a
problem with an independent person can often put it in perspective, and may
even lead to alternatives that can resolve the situation before it becomes
necessary to lodge a grievance/ dispute.
In other circumstances, lodging a grievance/dispute may be the only way
to resolve the situation.
As far as possible, both management and employees should
attempt to resolve grievances/disputes within the area in which they first
arise. Any attempts at resolution
should start with the employee's direct supervisor. It is the role of the immediate supervisor to listen objectively,
gather relevant facts and act in a prompt, professional and fair manner,
without bias. The supervisor should
follow up to ensure that appropriate action is taken to resolve the
grievance/dispute and that the cause of the grievance/dispute is properly
addressed. The objective of the
grievance/dispute handling procedure, particularly at the level where it
originated, is to find an acceptable solution.
From an employee's perspective, all employees have the right
to be supported in pursuing and achieving grievance/dispute resolution. Employees can elect to have an observer
(friend or interpreter) present during discussions with their supervisor. If they are a Union member, the employee may
elect to have a Union delegate to accompany them during the discussions. The observer (friend/interpreter) does not
have a right to participate in the discussions.
Will this process be confidential?
Yes.
The grievance/dispute will not be discussed by the
supervisor with any other employee without permission being granted by the
concerned employee. Any necessary
discussion of the grievance/dispute among relevant managers will remain
strictly confidential, as required under the Privacy and Personal
Information Protection Act 1998.
Who else can I contact for help?
Your local Business Manager, Human Resources Manager,
Administrative Manager, or Director
Your local Spokeswoman
Manager Occupational Health, Safety and Rehabilitation
Workplace Union Representatives/Delegates
Union/Employee Associations -
AWU
AWU Newcastle Central & Northern Branch
AWU Port Kembla & Southern Branch
AMWU
Government and Related Employees Appeal Tribunal
Industrial Relations Commission of NSW
(only accessed through the Union - unless an Unfair
Dismissal Claim)
Department of Premier and Cabinet - NSW
NSW Ombudsman
Independent Commission Against Corruption (ICAC)
Lodging a Grievance/Dispute - Forests NSW Grievance
Receivers
Grievance Receivers - can be any supervisor or manager. It is their role to listen to your
grievance/dispute, gather information, offer counsel and advice and explore
whether further assistance is required.
Forests NSW Grievance Receivers include, apart from
supervisors:
Directors, all Divisions
Corporate and Divisional HR Managers and Business
Managers
Branch Managers
Regional Managers
Regional Administrative Managers, all Regions
The Rights of Employees Involved in A Grievance/Dispute
Process
Confidentiality - employees involved in a grievance/dispute
process have the right to have that process remain confidential.
A fast resolution - most minor grievances can be resolved
relatively quickly. Obviously, more
complex ones will take longer. In
general, grievances/disputes should be dealt with as quickly as possible.
The employee should be aware that if they make a complaint
against an individual, that person will be informed of the complaint (unless
there are special circumstances) and that an investigation will take
place. If the employee's name is
disclosed, the person will be cautioned against any comments or actions that
may be perceived to be victimisation.
No action can be taken without the employees consent, except
in specific, serious circumstances.
A fair, impartial process, free from victimisation -
employees involved in a grievance/dispute have a right to fair and impartial
treatment. Victimisation of any sort
will be the subject of disciplinary action.
There must be no suggestion of bias or preferential
treatment and all parties involved must be aware of their rights and
responsibilities in the process and all actions that are to be taken must be
discussed with the employees involved.
A mechanism for the review or appeal of the outcome of the
formal process - if an employee is dissatisfied with the way in which the
grievance process was conducted, or with its outcome, the employee may take the
matter elsewhere, either within Forests NSW or to an external organisation.
Can a Grievance/Dispute be Withdrawn?
A grievance/dispute can be withdrawn at any time, either
verbally for an informal grievance, or by written request if the employee
lodged a formal grievance/dispute.
Withdrawal of a grievance will not prevent other people raising a
grievance of their own in relation to the matter, if they believe that they
have not had the opportunity to respond appropriately. Grievance Receivers may also decide to
continue their investigation where they believe disciplinary action may be
warranted.
APPENDIX 9
FORESTS NSW
EQUITY POLICY
Forests NSW values equity and is an Equal Employment
Opportunity employer.
It embraces the principle of diversity and seeks to
recognise and benefit from the ideas and different ways of working and
decision-making which are afforded by a diverse workforce. The organisation
believes that the principles of equity and EEO must be ingrained in the
development and implementation of all policies and practices.
General Managers, Managers and Supervisors, in exercising
discretionary powers, must ensure that only relevant facts and the merits of
each particular case are considered. The rules of natural justice provide a
right to people significantly affected by a decision to put forward their case
and for the decision to be made impartially.
Through its policies and practices Forests NSW will
implement the following principles:
* fair practices in the workplace
* management decisions without bias
* recognition and respect for social/cultural
backgrounds of staff and clients
* recruitment and/or promotion of the ‘best’ person
* staff training and development linked to both
employee and client needs
* a workplace free of harassment and discrimination
* fair implementation of benefits and conditions of
employment
* access to flexible work practices
* access to a grievance resolution process
Forests NSW EEO strategies aim to redress past disadvantage
by improving employment outcomes for women, Aboriginal and Torres Strait
Islander people, people from minority racial, ethnic or ethno-religious groups
and people with disabilities. These aims will be formally published in 3-year
EEO Management Plans and will include nomination of direct accountabilities.
Responsibilities
All Forests NSW people must:
- respect cultural and social diversity among
colleagues and clients
- recognise the skills and talents of other colleagues
- ensure staff selection and promotion on merit
- provide career paths in structures
- ensure fair access for all staff to appropriate
benefits and conditions
- commit to and actively promote a harassment and
discrimination-free workplace
- ensure access to grievance resolution processes
- provide adequate information to assist staff in
carrying out their duties
- be fair in implementing initiatives such as higher
duties opportunities
- work to full capacity
- promote and use flexible work arrangements where practical.
APPENDIX 10
ALCOHOL AND OTHER
DRUGS POLICY
RATIONALE
Forests NSW endeavours to ensure that an employee’s use of
either alcohol or drugs does not impair the safe and efficient running of the
organisation, the health of all employees or the damage of either equipment or
property.
However, Forests NSW recognises that alcohol and drug
dependencies are illnesses and will provide support to any employee who
honestly endeavours to overcome such illnesses.
SUPERVISOR’S RESPONSIBILITIES
Supervisor’s and managers are responsible for ensuring that
instances of proven drug or alcohol misuse at work are dealt with. Any
investigation must be handled in both a sympathetic and confidential manner.
However, ultimately, supervisors and managers are responsible
for ensuring that either the employee concerned or other employees are not put
to a safety or health risk at work because of alcohol or drug abuse.
How Do You Establish That A Problem Exists?
It is important to be aware that the misuse of drugs or alcohol
by employees may come to light in various ways. The following characteristics, especially when arising in
combinations, may indicate the presence of an alcohol or drug-related problem.
However it is important to note that these characteristics can occur for other
reasons. For example, some individuals
can experience temporary physical reactions to legally prescribed
medications. Employees should liaise
with their supervisors in these circumstances:
- Absenteeism - regular instances of unauthorised leave
- Frequent unplanned Friday and/or Monday absences
- Regular lateness, especially when returning from
lunch
- Strange and increasingly suspicious reasons for
absences
- Accident Levels - high level of minor accidents at
work, or home
- Work Performance - difficulty in concentration
- Problems with remembering instructions
- Problems with remembering own mistakes
- Individual tasks take more time than usual
- Mood Swings - irritability
- Depression
- Confusion
How Do You Treat the Problem ?
In some instances employees themselves may seek help and
advice from their supervisor or manager.
Where the employee acknowledges that they have a drug or
alcohol dependency that is affecting their performance at work they should be
given help and support on the understanding that:-
Whilst they are undergoing treatment they will be granted
available accrued sick leave and will be entitled to the usual sick pay
benefits.
Every effort should be made to ensure that on completion of
any recovery/treatment program employees are able to return to the same or
equivalent work.
If a supervisor or manager suspects that an employee may
have a drug or alcohol dependency and that it is affecting their work
performance, or placing the employee or others at risk, and the employee has
not come forward of their own volition the procedures outlined in Forests NSW
Safety Standards Manual, "Alcohol and Other Drugs in the Workplace"
should be put into practice.
Where an employee, having received treatment, suffers a
relapse Forests NSW will consider the case on its individual merits. Medical
advice will be sought in an attempt to ascertain how much
treatment/rehabilitation is likely to be required for a full recovery. At a
manager’s discretion more treatment or rehabilitation time may be granted in
order to help the employee recover fully.
Employee Assistance
Forests NSW has an employee assistance program that provides
an avenue for employees to obtain confidential counselling about any problem.
This service may be used by employees to obtain advice on treatment and
counselling for illness & related problems, including referral to
community-based specialist support services where appropriate. The initial
counselling session is at no cost to the employee. Details of this confidential
service can be obtained from your Supervisor or Human Resources. The free call
number for this service is 1800 337 068.
Consumption of Alcohol or Abuse/Use of Illegal Drugs on
Forests’ NSW Property/Premises
Employees are expressly forbidden to consume alcohol whilst
working. Any breach of this policy will result in disciplinary action.
Employees who partake of drugs which have not been legally
prescribed on medical grounds will, in the absence of mitigating circumstances,
be deemed to be committing an act of gross misconduct and will thus render
themselves open to disciplinary action (up to and including dismissal) as will
any employee proven to be possessing, buying, selling or cultivating unlawful
drugs on Forests NSW property/premises.
If an employee is known to be, or strongly suspected of
being, intoxicated by alcohol or drugs during working hours and they are
incapable of carrying out their normal duties in a safe and efficient manner
arrangements must be made for the employee to be escorted from Forests NSW
property/premises immediately. Refer to Forests NSW Safety Standards Manual.
Engagement of Contractors
Contractors or consultants working for Forests NSW must be
advised of this Alcohol and Other Drugs Policy and adhere to the policy
whenever they work on Forests NSW property/premises as must their employees.
J.
P. MURPHY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.