NEW SOUTH WALES LOTTERIES CORPORATION (SALARIES, ALLOWANCES AND
CONDITIONS OF EMPLOYMENT) 2004 AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South Wales Lotteries Corporation.
(No. IRC 3230 of 2005)
Before Commissioner
Cambridge
|
5 July 2005
|
AWARD
PART A
1. Contents
Clause No. Subject Matter
1. Contents
2. Definitions
- General
3. Intentions
4. Salaries
5. Salary
Sacrifice and Packaging Arrangements
6. Salary
Related Allowances
7. No Extra
Claims
8. Contract
of Employment
9. Categories
of Employment
10. Flexible
Working Hours
11. Overtime
(Excluding Shift Workers)
12. Shift Work
13. 12-Hour
Shift Work
14. Public
Holidays
15. Transport
of Employees Finishing Work Late at Night or Commencing Work Early in the
Morning
16. Transferred
Employees
17. Compensation
for Business Travel
18. Higher
Duties Allowances
19. Expense
Related Allowances
20. Leave
(D) Extended
Leave to Count as Service
(E) Public
Holidays During Extended Leave
21. Time Off
for External Study
22. Staff
Development and Training Activities
23. Recruitment,
Selection and Appointment
24. Sickness -
Medical Examination
25. Managing
Workplace Change
26. Redeployment
and Priority Placement
27. Union
Rights
28. Consultation
between the Parties
29. Workloads
30. Negotiating
the Next Award
31. Human
Resources Manual
32. Deduction
of Association Membership Fees
33. Anti-Discrimination
34. Grievance
and Dispute Resolution
35. Area,
Incidence and Duration
PART B - SCHEDULES
Schedule 1 - Salaries
Schedule 2 - Salary
Related Allowances
Schedule 3 - Expense
Related Allowances
Schedule 4 - 12 Hour
Shift Work Rosters - 8 Week Rotations
Schedule 5 -
Calculation of Annualised Shift Loading - 12 our Shift Work
2.
Definitions - General
"Act" means - the State Owned Corporations Act
1989.
"The Corporation" means - the New South Wales
Lotteries Corporation which was established as a Statutory State Owned
Corporation under the Act by the New South Wales Lotteries Corporatisation
Act 1996.
"Association" means - the Public Service
Association and Professional Officers’ Association Amalgamated Union of New
South Wales.
"Crown Employees Award" means - the Crown
Employees (Public Sector - Salaries 2004) Award made 16 February 2005 by the NSW Industrial Relations Commission.
"Memorandum of Understanding" means - the document
agreed on between NSW Lotteries Corporation and the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"2002 Award" means - the New South Wales Lotteries
Corporation (Salaries, Allowances and Conditions of Employment 2002) Award.
"Chief Executive Officer" means - the Chief
Executive Officer of NSW Lotteries Corporation as defined by the Act.
"Divisional Director" means - the head of a
function (ie division) within the Corporation.
"Branch Head" means - the employee who has
managerial responsibility for a key activity or activities within the
Corporation.
"Employee" means - an employee of New South Wales
Lotteries Corporation excluding Casual Employee and Executive or Specialist
staff employed under an individual contract of employment.
"Casual Employee" is a person employed on an
irregular, intermittent and hourly basis whose only applicable award conditions
are prescribed at subclause 9.5.
"Call Back" means - those occasions where an
employee is directed to return to work outside of ordinary hours or outside the
bandwidth where a flexible working hours scheme is involved.
"Flexible Working Hours" means - a system of
attendance whereby individual employees select their starting and finishing
times, subject to the convenience of the Corporation, its business needs and
work demands.
"Human Resources Manual" means - the NSW
Lotteries' Human Resources Manual.
"Minimum Daily Contract Hours" means - the
standard full-time contract hours for a day or a shift which are:
7 Hours for employees under Clause 10, Flexible Working Hours;
7 Hours for employees working under Clause 12, Shift
work; or
10 Hours for employees working under Clause 13, 12-hour
Shift Work conditions.
"Ordinary Hours of Work" shall be 35 hours per
week, or an average of 140 hours in a four week period.
"Ordinary Rate of Pay" means - the base rate of
pay for Ordinary Hours of work, excluding overtime, shift allowances, weekend
penalties and all other allowances not regarded as salary.
"Overtime" means - all time worked at the
direction of the Corporation, whether before or after the ordinary daily hours
of work, which from its character or from special circumstances, cannot be
performed during the employee's ordinary daily hours of work. Where a flexible working hours scheme is in
operation, overtime shall not be worked before 6pm. In the case of shift workers, overtime is worked outside the
rostered "ordinary hours of work".
"Public Holiday" means - the days prescribed at
Clause 14.2 of this Award.
"7-Day shift workers" means - employees whose
shift arrangements involve work over the full seven-day week, 365 days per
annum.
3.
Intentions
3.1 The parties to
this award have agreed to the creation of this New South Wales Lotteries
Corporation (Salaries, Allowances and Conditions of Employment 2004) Award, to
commence on or after the first full pay period after 1 July 2004 until 30 June
2007. This Award rescinds and replaces:
New South Wales Lotteries Corporation (Salaries,
Allowances and Conditions of Employment) 2002 Award, published 11 April 2003
(339 I.G. 111), which award’s term expired on 30 June 2004
3.2 The employees
of the Corporation covered by this Award will receive salaries and salary
increases not less than those received by the employees covered by the Crown
Employees Award.
3.3 Should the
Industrial Relations Commission of NSW increase the salary rates for the
employees covered by the Crown Employees Award or an award replacing that
award, then the Corporation will pay the higher amount in lieu of salary rates
in this award. Such higher salary rates
shall be paid from the date awarded by the Industrial Relations Commission of
New South Wales.
The parties intend that any such salary will be
reflected in this award either by variation to it or by the making of a new
award.
3.4 Should the
Industrial Relations Commission of New South Wales increase salary rates for
the employees covered by the Crown Employees Award, or an award replacing that
award, to an amount below that payable to employees of the Corporation, then
the Corporation will continue to pay the higher salary rate provided by this
Award or an award replacing that Award.
3.5 The parties
intend that the enhanced conditions of employment as agreed for the Crown
Employees (Public Service Conditions of Employment) Award 2002, and outlined
below, will be reflected in this award either by variation to it or by the
making of a new award.
The introduction of paid parental leave of 1 week at
full pay or 2 weeks at half pay;
An increase in paid maternity and adoption leave to 14
weeks at full pay or 28 weeks at half pay;
Access to pro-rata extended leave after 7 years
service;
Allowing employees to take a period of extended leave
at double pay; i.e. an employee may use their entitlement to 2 months extended
leave by taking 1 months leave and receiving 2 months pay for that one period;
and
Public holidays that fall whilst an employee is on a
period of extended leave will be paid and not debited from an employees leave
entitlement.
These additional benefits will become available to employees
who have an entitlement to commence the relevant form of leave on or after 1
January 2005.
4.
Salaries
1. The
salaries payable are prescribed in Schedule 1 Salaries, in Part B, of this
Award.
2. The salaries
prescribed in the said Schedule reflect the increase specified below:
Date of Salary
Variation - The First Full
|
Percentage Increase
in Rate of Salary
|
Pay Period to
Commence on or After
|
|
1 July 2004
|
4%
|
1 July 2005
|
4%
|
1 July 2006
|
4%
|
3. The salaries
increases referred to in subclause 4.2, insofar as they apply from the first
full pay period on or after 1 July 2004, shall only be paid to those employees who
are employed as at 1 January 2005.
4. A Memorandum
of Understanding between the parties has been agreed to provide for a 4%
increase in salaries from the first full pay period on or after 1 July 2007.
This increase shall only be paid to those employees who are employed at the
date of the making of the New South Wales Lotteries Corporation (Salaries,
Allowances and Conditions of Employment 2007) Award.
5. Job
evaluation
The salaries prescribed in the said Schedule 1
Salaries, will be based on evaluations conducted in accordance with an agreed
job evaluation methodology.
6. Increments
(a) Payment
(i) The payment
of an increment under this Award shall be made only with the prior approval of
the Chief Executive Officer or delegate.
(ii) The payment
of an increment to an employee is subject to satisfactory conduct and
satisfactory performance of duties.
(iii) Where a
salary scale prescribes an increment according to age, that increment shall be
paid on the due date.
(b) Deferral
(i) The payment
of an increment may be deferred from time-to-time, but may not be deferred for
more than twelve months at any one time.
(ii) An employee
must be promptly notified in writing by the Chief Executive Officer or
delegate, of any decision to defer payment of an increment.
5.
Salary Sacrifice and Packaging Arrangements
1. Salary
Sacrifice for Superannuation
(a) Notwithstanding
the salaries prescribed by Clause 4 Salaries, and Schedule 1- Salaries of Part
B, of this Award, an employee may elect, subject to the agreement of the
Corporation to sacrifice a portion of the salary payable under the said
Schedule 1 to additional employer superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. The amount
sacrificed, together with any salary packaging arrangements under subclause
5.2, must not exceed fifty (50) percent of the salary payable under the said
Schedule 1 - Salaries, or fifty (50) percent of the currently applicable
superannuable salary, whichever is the lesser.
In this clause, "superannuable salary" means the employee’s
salary as notified from time to time to the New South Wales public sector
superannuation trustee corporations.
(b) Where the
employee has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
(i) subject to
Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYG taxation deductions by the amount of that sacrificed
portion; and
(ii) any
allowance, penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award or Act which is expressed to be determined by reference to an employee’s
salary, shall be calculated by reference to the salary which would have applied
to the employee under the said Clause 4 and Schedule 1, in the absence of any
salary sacrifice to superannuation made under this Award.
(c) The employee
may elect to have the portion of payable salary, which is sacrificed to
additional employer superannuation contributions:
(i) paid into the
superannuation scheme established under the First State Superannuation Act 1992
as optional employer contributions; or
(ii) subject to
the Corporation’s agreement paid into a private sector complying superannuation
scheme as employer superannuation contributions.
(d) Where an
employee elects to salary sacrifice in terms of subclause (c) above, the
Corporation will pay the sacrificed amount into the relevant superannuation
fund.
(e) Where the
employee is a member of a superannuation scheme established under:
(i) the
Superannuation Act 1916;
(ii) the State
Authorities Superannuation Act 1987;
(iii) the State
Authorities Non-contributory Superannuation Act 1987; or
(iv) the First
State Superannuation Act 1992.
the Corporation must ensure that the amount of any
additional employer superannuation contributions specified in subclause (a)
above is included in the employee’s superannuable salary which is notified to
the New South Wales public sector superannuation trustee corporations.
(f) Where, prior
to electing to sacrifice a portion of their salary to superannuation, an
employee had entered into an agreement with the Corporation to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in sub-clause (e) above, the Corporation
will continue to base contributions to that fund on the salary payable under
the said Clause 4 and Schedule 1, to the same extent as applied before the
employee sacrificed portion of that salary to superannuation. This clause applies even though the
superannuation contributions made by the Corporation may be in excess of
superannuation guarantee requirements after the salary sacrifice is
implemented.
2. Salary
Packaging Arrangements
(a) By mutual
agreement with the Corporation, an employee may, from time to time, elect to
receive:
(i) A benefit or
benefits selected from those approved from time to time by the Corporation; and
(ii) A salary
equal to the difference between the salary prescribed for the employee by
Schedule 1 - Salaries of this Award, and the amount specified by the
Corporation for the benefit provided to or in respect of the employee in
accordance with such agreement.
(b) NSW Lotteries
will provide salary packaging arrangements to employees through an external
provider (hereafter referred to as the Contractor) who has been approved by the
State Contracts Control Board.
(c) The agreement
shall be recorded in writing and shall be known as a Salary Packaging
Agreement.
(d) A Salary
Packaging Agreement shall be for a period of up to twenty-four months, unless a
different period is mutually agreed between the employee, the Contractor and
the Corporation at the time of signing the Salary Packaging Agreement.
(e) The
Corporation may vary the range and type of benefits available from time to
time. Such variations shall apply to any existing or future Salary Packaging
Agreements from the date of such variation.
(f) The
Corporation will determine from time to time the value of the benefits
provided. Such variations shall apply to any existing or future Salary Packaging
Agreements from the date of such variation. In this circumstance, the employee
may elect to terminate the Salary Packaging Agreement immediately.
6.
Salary Related Allowances
1. Allowance
(a) First-aid
Allowances
(i) An allowance
prescribed in Item (i) of Schedule 2 - Salary Related Allowances, of Part B, shall be paid to employees appointed as
First-aid Officers who are holders of a current First-aid certificate issued
after completion of a WorkCover approved first-aid course.
(ii) An allowance
prescribed in Item (ii) of the said Schedule 2, shall be paid to an employee appointed as a First-aid Officer who
is a holder of a current Occupational First-aid certificate or a qualification
deemed equivalent in the Occupational Health and Safety Regulation 2001, in
lieu of the allowance set out in Item (i) of the said Schedule 2.
(iii) The First Aid
Allowance shall be paid during a period of Recreation (Annual) Leave, Extended
(Long Service) Leave or Sick Leave or any combination of paid leave of up to
four weeks.
(iv) Where the First
Aid Officer is absent on leave for a period of one week or more, an employee
selected to perform the duties of First Aid Officer may be paid a pro rata
allowance if the full duties are assumed.
(b) Community
Language Allowance
(i) An allowance
prescribed in Item (iii) of said Schedule 2, shall be paid to employees
appointed as Community Language Allowance recipients who possess a basic level
of competence in a community language and who work in locations where their
community language can be utilised to assist clients and:
have passed a test conducted by an accredited
organisation;
are not employed as interpreters and translators; and
are not employed in those positions where particular
language skills are an integral part of essential requirements of the position.
(ii) Employees who
qualify receive only one allowance regardless of the number of languages
spoken.
(iii) The Community
Language Allowance shall be paid during periods of Recreation (Annual) Leave, Extended
(Long Service) Leave or Sick Leave or a combination of or any combination of
paid leave of up to four weeks.
(c) Forklift
Allowance
(i) An allowance
prescribed in Item (iv) of said Schedule 2, shall be paid to employees
designated as Forklift Drivers at Lidcombe Distribution Centre and who possess
a Forklift Driver’s licence.
(ii) The Forklift
Allowance shall be paid during periods of Recreation (Annual) Leave, Extended
(Long Service) Leave or Sick Leave or a combination of or any combination of
paid leave of up to four weeks.
2. Increases
The allowances provided for in this clause are adjusted
in line with movements to Salaries.
7.
No Extra Claims
1. This Award
provides for pay increases totalling 12%, with 4% effective from the first full
pay period to commence on or after 1 July 2004, a further increase of 4% with effect from the first full pay
period to commence on or after 1 July 2005, and a further increase of 4% with
effect from the first full pay period to commence on or after 1 July 2006. This
increase is provided arising from the agreement of the parties as contained in
the Memorandum of Understanding.
2. The pay
increase provided by this Award is premised on the basis that there shall be no
new salaries or conditions claims arising from negotiations of productivity and
efficiency improvements covered by the agreement referred to in subclause 7.1
above for the period to 30 June 2007.
3. The no extra
claims commitment does not preclude any claims that may arise following the adoption
of a new Equal Remuneration Principle by the Industrial Relations Commission of
New South Wales.
8.
Contract of Employment
1. General
(a) Payment for
employees will be on a fortnightly
basis.
(b) All employees
of the Corporation covered by this Award will work where nominated from time to
time by the Chief Executive Officer or delegate.
(c) All employees
will be required to perform the full range of related work activities
equivalent to their positions. In
addition, the Corporation may direct an employee to carry out such duties as
are within the employee’s skill, competence and training provided that such
duties are not to be used as a means of de-skilling the employee.
(d) For the
purposes of meeting the business needs of
the Corporation, the Chief Executive Officer or delegate may require any
employee to work reasonable overtime including work on Saturdays, Sundays and
Public Holidays or shift work at the rates prescribed by this Award.
(e) Whenever a
staff member (or the Association on behalf of a member) is dissatisfied with
any circumstance of employment, the Grievance and Dispute Resolution Procedures
prescribed in Clause 34 of this award shall be followed.
(f) Employees
will be expected to be committed to corporate values; the achievement of
corporate goals including provision of quality customer service; and
demonstrate a willingness to participate in continuous improvement programs.
(g) Except as
otherwise specified in this Award, an employee shall bear the cost of travel to
and from work.
(h) Where an
employee is supplied with clothing and/ or equipment in relation to their work,
such clothing or equipment must be used in conformance with prevailing
occupational health and safety standards.
2. Hours Of Work
(a) Where employees
observe flexible working hours, the provisions of Clause 10, Flexible Working
Hours, shall apply.
(b) No employee is
to work for more than five hours without a meal break. Such meal breaks shall be unpaid.
(c) Where
employees work under rostered shift work, the provisions of Clause 11 shall
apply, excepting employees working under a rostered 12-hour shift work
arrangement where Clause 12 shall apply.
(d) Standard hours
of work shall be 8.30 am to 4.30pm, Monday to Friday inclusive.
(e) The Chief Executive
Officer may require a staff member to perform duty beyond the hours determined
under subclauses (a), (c) and (d) of this clause but only if it is reasonable
for the staff member to be required to do so. A staff member may refuse to work
additional hours in circumstances where the working of such hours would result
in the staff member working unreasonable hours. In determining what is unreasonable the following factors shall
be taken into account:
(1) the staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or studt
arrangements;
(2) any risk to
staff member health and safety;
(3) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services;
(4) the notice (if
any) given by the Chief Executive Officer regarding the working of the
additional hours, and by the staff member of their intention to refuse the
working of additional hours; or
(5) any other
relevant matter.
3. Special Work
Requirements - Allowances
(a) The Chief
Executive Officer may approve the payment of a specialist, skill shortage or
market allowance to employees with specific skills required by the Corporation.
(b) The Chief
Executive Officer may approve the payment of additional allowances to an
individual employee where there are special work requirements or unusual
circumstances.
4. Termination
Of Employment
(a) Employment may
be terminated by either party (i.e. the employee or the Corporation) by giving two weeks written notice.+
(b) The
Corporation may give two weeks pay in lieu of notice.
(c) If an employee
fails to give two weeks notice, two weeks pay will be forfeited, except in
exceptional circumstances.
(d) An employee
who has given or been given notice, and is absent from work without acceptable
proof, will only be paid for work performed during the period of notice.
9.
Categories of Employment
1. General
An employee will only be employed by the Corporation in
accordance with the employment categories in this clause.
2. Permanent
Employment
Permanent employment means regular and ongoing
employment that is not temporary or casual employment and for which there is no
date set for the employment to end.
3. Temporary
Employment
(a) Temporary
employment means engagement on a contract of employment for a fixed period of
time not normally in excess of twelve (12) months. A temporary employment
contract will specify the starting and finishing dates of that employment or
will define the task to be undertaken, the completion of which will bring the
contract to an end.
(b) Temporary
employment will only be offered in the following circumstances:
(i) For the
duration of a specified task or project, or
(ii) To carry out
the duties of a position that is temporarily vacant, or
(iii) To provide
additional assistance in a particular work area, or
(iv) In connection
with the secondment or exchange of staff, or
(v) To undertake a
traineeship or cadetship, or
(vi) For any other
temporary purpose.
(c) In exceptional
circumstances the Chief Executive Officer may approve an extension to the
period of temporary employment beyond twelve (12) months.
(d) All other
provisions of this Award relevant to permanent employees will apply to
temporary employees.
(e) The Chief
Executive Officer may approve the payment of a specialist, skill shortage or
market allowance to employees with specific skills required by the Corporation.
4. Casual Employment
(a) Casual
Employment means engagement on an irregular or intermittent basis.
(b) A casual
employee is engaged by the hour and paid on an hourly basis.
(c) A casual
employee shall receive an hourly rate of one thirty-fifth of the appropriate
weekly rate of salary, plus a casual loading of 15% which is in lieu of all
other entitlements specified in this Award, plus compensation of 4/48ths of
earnings for annual holiday pay.
(d) Casual
employees will be paid fortnightly for hours worked.
(e) Where the
period of engagement on any one day exceeds five (5) hours, an unpaid meal
break of at least half an hour must be taken.
(f) Casual
employees will be entitled to payment for overtime in accordance with the
provisions of this Award only when the contracted hours per day are exceeded.
5. Leave
Reserved
Leave is reserved during the period of this Award to
make application to the Industrial Relations Commission of New South Wales in
relation to subclause 9.4 Casual Employment in order to implement any provision
arising from the Secure Employment Test Case.
6. Full Time And
Part Time Employment
(a) Both permanent
and temporary employment may be either full time or part time.
(b) A full time
employee means a person employed on ordinary hours of work, either under a
flexible working arrangement or fixed starting and finishing times or in
rostered shift work.
(c) A part time
employee means a person employed for less than the ordinary hours of work of an
equivalent full time employee, either under a flexible working arrangement, or
under an agreed fixed starting and finishing times arrangement, or in rostered
shift work.
(d) A request by
an employee for a part time work or job sharing arrangement or other variation
to full time employment, will be genuinely considered by the Corporation.
(e) The hours and
days to be worked by a part time employee will be agreed on prior to the
commencement of the employment.
(f) A part time
employee may work more than their regular numbers of hours by agreement.
(g) These
additional hours may be accrued as flex time when part time employees work on
their normal day of work. When additional days are worked, these hours will be
paid at the equivalent casual rate.
(h) Part time
employees will be paid an hourly rate calculated by dividing the weekly
ordinary rate of pay appropriate to the grade and step of the employee by the
number of hours worked by an equivalent full time employee.
(i) A part time
employee will be entitled to payments in respect of recreation leave, sick
leave, extended leave and all other forms of authorised leave on a proportional
basis to the equivalent full time employee.
(j) Subject to
this clause, all other provisions of this Award relevant to full time employees
will apply to part time employees on a pro-rata basis.
10.
Flexible Working Hours
1. General
A flexible approach to hours of work will be adopted
provided that the business needs of the Corporation are met. A Flexible Working
Hours system is established for employees (except shift workers or employees
working under set hours), whereby individual employees may select their
starting and finishing times, subject to the convenience of the Corporation,
its business needs and work demands.
2. Hours Worked
(a) An individual
employee may select starting and finishing times from day-to-day within the
bandwidth, subject to coretime provisions, the supervisor’s approval and the
availability of work.
(b) Where on any
day it appears that work will not be available for an employee prior to a
specified time, not being a time later than the commencement of standard hours
(i.e. 8.30am), nothing in subclause 10.2 (a) shall prevent the employee being
directed not to commence work prior to such specified time.
(c) All employees
shall be entitled to work their minimum daily contract hours on any day.
(d) The
Corporation may require an employee to work the minimum daily contract hours on
any day.
(e) Where gainful
work is available, an employee may accrue work time in excess of the minimum
daily contract hours where the supervisor is satisfied that work is available
and it is convenient to the Corporation for the employee to work.
(f) Employees
shall not work more than ten hours per day.
(g) Nothing in
this Clause shall prevent the Corporation requiring an employee or group of
employees to revert to working standard hours pursuant to subclause 8.2
(d), where it is evident that an
employee, or group of employees, is not observing the conditions of this Clause
10 and associated administrative instructions, or not maintaining a
satisfactory level of conduct or performance of work.
3. Bandwidth
(a) The bandwidth
(span of hours) is Monday to Friday between 7am and 7pm during which time
normal work can be undertaken.
(b) Overtime will
be paid from 6pm, when an employee has been directed to work beyond 6pm.
(c) Subject to a
prior agreement between the branch head and employee(s), work undertaken
outside the bandwidth is credited to an employee for each occasion. Any work performed outside the bandwidth without
prior approval of the branch head shall not be credited.
(d) Where
exceptional personal circumstances can be demonstrated, the bandwidth may be
varied by agreement between an employee and the supervisor/ manager and
approved by the divisional director for a specified period. Coretime may be
varied in conjunction to the change to Bandwidth. Such an arrangement will be
subject to review at no greater than six monthly intervals.
4. Coretime
(a) Coretime is
the period of the working day when all employees are required to be at work,
unless on lunch break or authorised leave.
(b) Coretime shall
be a period between 9.30 am. and 3.30 pm.
(c) In normal
circumstances, an employee commencing work after, or ceasing work before,
coretime, must apply for an appropriate amount of leave in one hour units or a
Quarter Flex. In rare and exceptional circumstances, the supervisor/ manager
may approve an employee commencing work within no more than half an hour after
the start of coretime.
(d) Where
exceptional personal circumstances can be demonstrated, coretime may be varied
by agreement between an employee and the supervisor/ manager and approved by
the divisional director for a specified period. Bandwidth may be varied in conjunction to the change to Coretime.
Such an arrangement will be subject to review at no greater than six monthly
intervals. Such an arrangement made at the employee’s request will not attract
any or additional shift allowance rate.
5. Lunch Break
(a) Employees are
required to take a minimum lunch break of half an hour, by no later than five
hours after commencing work.
(b) Employees are
entitled to take a lunch break of one hour between 11.30 am to 2.30 pm.
(c) A lunch break
up to a maximum of two and a half hours may be taken. The supervisor’s prior approval is required for a meal break in
excess of one hour.
6. Contract
Hours
(a) The daily
contract hours for employees on flexible working hours are seven hours on each
normal working day. Therefore an
employee’s contract hours for each four weekly settlement period shall be 140
hours (i.e. 4 x 35).
(b) An employee's
contract hours shall be the basis for determining whether that employee has
accumulated credit or debit hours during any settlement period.
(c) Where leave
for part of a day is taken, the absence shall be calculated to the next whole
hour and added to the hours worked to determine the total accumulated hours for
that day.
7. Settlement
Period
(a) For the
purpose of this Clause 10, a settlement period shall be four weeks.
(b) Where
electronic time recording equipment is used, clocks shall be read on the last
day of each settlement period.
8. Accumulation
and Carry Over
(a) An employee
may accumulate credit or debit hours throughout a settlement period, up to a
carry forward maximum of ten hours credit/debit by working varied hours to the
daily contract hours, subject to work availability and business needs.
(b) Where an
employee's accumulation of credit hours at the end of a settlement period
exceeds ten hours, the excess hours shall be forfeited.
(c) Where an
employee's accumulation of debit hours at the end of a settlement period
exceeds ten hours, the excess hours accumulated shall be debited against the
employee's accrued annual (recreation) leave or, should the employee have no
such leave available, shall be taken as leave without pay.
(d) Except where
flex leave is taken, when any form of leave including leave without pay is
taken, the equivalent time charged up to a maximum of seven hours on any one
day, shall be manually credited to an employee’s flexible working hours record.
9. Flex Leave
(a) An employee
may elect to take a maximum of eight (8) hours flex leave in a settlement
period. This may be taken as:
one (1) full day, or
two (2) half-days, or
one (1) half-day and two (2) quarter-days, or
four (4) quarter-days.
(b) An employee
shall obtain the approval of the supervisor prior to proceeding on flex
leave. It is not necessary for an
employee to have a credit balance when taking flex leave.
(c) A half-day
flex leave must either precede the period of work for the day or follow the
period of work for that day, i.e. a period of at least three hours must be
worked during the bandwidth, either before or after flex leave.
(d) Where a
half-day flex leave is to be combined either with Recreation (Annual) Leave or
Study Time so as to take a full day's absence from work, the absence may
comprise either: three hours Recreation
(Annual) Leave/Study Time and four hours flex leave, or four hours Recreation
(Annual) Leave/Study Time and three hours flex leave.
(e) A quarter-day
flex leave (i.e. up to two hours absence) may not be combined with other forms
of leave or study time, to make up a full day's absence from work.
(f) Flex leave
may be taken before or immediately after recreation (annual) leave. It may not be taken during a period of
recreation (annual) leave. Two full days flex leave may not be taken on
consecutive working days, except when those days are in adjoining settlement
periods.
(g) During a peak
period where an employee is unable to take any flex leave (including a half-day
or quarter-day flex leave), then the employee may accrue an additional seven
hours up to a carry forward maximum of seventeen hours credit into the next
settlement period, subject to a divisional director’s approval. The employee may then take up to two flex
days in the next settlement period.
10. Commencement
or Cessation of Work During Coretime
(a) Where an
employee commences work after the commencement of coretime, including
resumption following cessation of the lunch period, the employee shall apply
for the appropriate amount of recreation (annual) leave, calculated in
multiples of one hour. Where the
employee has no recreation (annual) leave credit, the employee shall apply for
the appropriate equivalent amount of leave without pay.
(b) Where the
employee immediately commences work upon arrival, the time worked shall be
added to the employee's credit hours.
(c) Where an
employee ceases work prior to the end of coretime, the employee shall be
debited the appropriate amount of recreation (annual) leave calculated in
multiples of one hour, or where the employee has no recreation (annual) leave
to credit, leave without pay.
11. Disruption Of
Transport
(a) Where an employee
encounters a disruption to the mode of transport normally used in travelling
from their place of residence to place of employment and such disruption is
caused by a transport strike or a major transport delay, the following
conditions shall apply, subject to the
Corporation ensuring sufficient staff are available to provide adequate service
to the public and undertake business activities:
(i) the employee
may commence work at any time and where the disruption continues throughout the
day, may cease work at any time;
(ii) employees
affected by such a disruption will not be debited recreation (annual) leave if
the employee commences work after the beginning of coretime. Time worked on such days will accumulate in
the normal way;
(iii) the employee
may elect to take off the full day as flex leave where the disruption is
reasonably likely to continue throughout the day; and
(iv) flex leave
taken during such disruptions shall be recorded as over and above the normal
flex leave to which the employee is entitled under this Award.
(b) The
application of the above provisions shall be at the discretion of the Chief
Executive Officer or delegate. In exercising this discretion, the Chief
Executive Officer or delegate shall have regard to all the relevant circumstances,
including:
(i) the delayed
employee's usual time of arrival at the employee's place of employment;
(ii) where the
disruption was foreseeable, the employee made reasonable attempts to arrive at
the place of employment prior to the commencement of coretime; and
(iii) such
information relating to the disruption as may be available from the relevant
transport authority.
12. Travelling On
Official Business
(a) Any travel on
official business during the Standard Hours on a working day shall be treated
as time worked for the purposes of this Clause.
(b) Employees
shall be compensated for travelling time outside the Bandwidth in accordance
with subclause 17.3 Excess Travelling Time.
13. Transfer to
Other Locations
(a) An employee
transferred from one location to another shall carry credit or debit hours to
the new location.
(b) An employee
relieving in another work area shall comply with the approved working hours
arrangements applying to that work unit.
14 Termination of
Service
(a) Where an employee
gives notice of resignation or retirement, the employee shall, during the
period of notice, take all reasonable steps to eliminate any accumulated credit
or debit hours.
(b) The
Corporation shall, as far as practicable, facilitate the elimination of
accumulated credit or debit hours by such employees.
(c) Where an
employee has an accumulation of debit hours at the completion of the last day
of service, the accumulated recreation (annual) leave or moneys owing to that
employee shall be adjusted accordingly.
(d) An employee
may receive compensation for accumulated credit hours outstanding on the last
day of service where:
(i) an employee's
service terminates without notice for reasons other than misconduct; or
(ii) an
application for a period of flex leave, which would have eliminated the
accumulated credit hours, was made pursuant to this Clause during the period of
notice of retirement or resignation and was refused.
15. Co-Lateral
Agreement
Where the standard provisions of this Clause 10 - Flexible
Working Hours are impracticable for any group of employees, nothing in this
Award will prevent the amendment of this Clause 10, by agreement between the
parties.
11.
Overtime (Excluding Shift Workers)
1. The
provisions of the Clause shall not apply to shift workers as defined. For provisions pertaining to overtime for
shift workers see Clause 12 and overtime for 12-Hour shift workers see Clause
13.
2. Overtime
shall be worked and paid with the prior approval of the appropriate manager
except where call back provisions apply.
3. General
A staff member may be directed by the Chief Executive
Officer to work overtime, provided it is reasonable for the staff member to be
required to do so. A staff member may
refuse to work overtime in circumstances where the working of such overtime
would result in the staff member working unreasonable hours. In determining what is unreasonable, the
following factors shall be taken into account:
(1) the staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements,
(2) any risk to
staff member health and safety,
(3) the urgency of
the work required to be performed during the overtime, the impact on the
operational commitments of the organisation and the effect on client services,
(4) the notice (if
any) given by the Chief Executive Officer regarding the working of the
overtime, and by the staff member of their intention to refuse overtime, or
(5) any other relevant
matter.
4. Rates
Overtime shall be paid at the following rates:
(a) Weekdays
All overtime worked outside the employee's ordinary
hours of work Monday to Friday, inclusive, at the rate of time and one-half for
the first two hours and at the rate of double time thereafter until relieved
from work;
(b) Saturdays
All overtime worked on a Saturday at the rate of time
and one-half for the first two hours and at the rate of double time thereafter;
(c) Sundays
All overtime worked on a Sunday at the rate of double
time;
(d) Public
Holidays
All overtime worked on a Public Holiday at the rate of
double time and one half.
(e) If an employee
is absent from work on any working day during any week in which overtime has
been worked, the time so lost may be deducted from the total amount of overtime
worked during the week, unless the employee has been granted leave of absence
for recreation or on account of illness, or unless, in the opinion of the
Corporation, the absence has been caused by circumstances beyond the employee's
control.
(f) An employee
who works overtime on a Saturday, Sunday or Public Holiday, shall be paid for a
minimum of three hours work at the appropriate rate.
5. Rest Periods
(a) An employee
who works so much overtime between the termination of ordinary hours of work on
any day and the commencement of ordinary hours of work on the next day, that
the employee has not had at least eight consecutive hours off work between
these times, shall on completion of such overtime be entitled to be absent
until eight consecutive hours have elapsed without loss of pay for ordinary
working time occurring during such absences.
(b) Where an
employee, on direction from the supervisor, resumes or continues work without
having had eight consecutive hours off work then such employee shall be paid at
the rate of double time until released from work. The employee shall then be
entitled to eight consecutive hours off work provided that such absence shall
be without loss of pay for the ordinary working time occurring during the
absence.
6. Call Backs
(a) An employee
recalled to work overtime after leaving the Corporation's premises shall be
paid for a minimum of three hours work at the appropriate overtime rates.
(b) The employee
shall not be required to work the full three hours if the job can be completed
within a shorter period.
(c) A call back
commences when the employee commences work (excluding travel from home) and
terminates when the work is completed (excluding travel to home).
(d) An employee
recalled to work as defined in (a) above within three hours prior to the
commencement of usual hours of work shall be paid at the appropriate overtime
rate from the time of recall to the time of commencement of such normal work.
(e) The provisions
of subclauses 11.6 (a) to (c), shall
not apply in cases where it is customary for an employee to return to the
Corporation's premises to perform a specific job outside the employee's
ordinary hours of work, or where overtime is continuous with the completion or
commencement of ordinary hours of work.
Overtime worked in these circumstances shall not attract the minimum
payment of three hours unless the actual time worked is three or more hours.
7. Meal Breaks
and Allowances
(a) A meal
allowance in accordance with subclause 19.2 and Item (2) of Schedule 3, Expense
Related Allowances, of Part B of this award, shall be paid to an employee when:
directed to work overtime of more than one and a half
hours,
a half-hour unpaid meal break is taken, and
incurs expenses in obtaining a meal.
(b) An employee
may be entitled to a subsequent meal allowance if required to work more than
five hours overtime, takes a half-hour unpaid meal break and incurs expenses in
obtaining a meal.
8. Overtime
Barrier
The overtime barrier is tied to Pay Step 28 (i.e. was
the maximum rate for Grade 8 Clerk), as varied from time-to-time, plus $1.00.
Employees whose salary, or salary and allowance, exceeds the overtime salary
barrier, shall be paid overtime at the overtime barrier rate.
9. Time Off In
Lieu Of Payment
(a) An employee
who, at the direction of the Corporation, works overtime may elect to take time
off in lieu of payment for all or part of the entitlement in respect of the
time so worked. Such time off in lieu
shall accrue at the rates specified for overtime in this Award, i.e. such time
off in lieu shall accrue at the equivalent computed overtime rate.
Leave in lieu shall be taken at the convenience of the
Corporation:
(i) in multiples
of one hour;
(ii) within three
months of the date of accrual, except where the leave in lieu is for work
performed on a Public Holiday, in which case an employee may elect to have such
leave in lieu added to recreation (annual) leave credits.
(b) An employee
shall be entitled to payment for the balance of any overtime entitlement not
taken as time off in lieu.
10. Calculation
Overtime shall not be paid for periods of less than one
quarter of an hour or for time spent travelling.
12.
Shift Work
1. Shift
Allowances
(a) A shift worker
shall be paid the ordinary hourly rate plus the following additional shift
loadings payable on the relative commencing times of shifts, for work performed
during the following shifts:
|
Shift Definition -
commencing time
|
Loading
|
1.
|
Day Shift- at or after 6:00am and before 10:00am.
|
Nil
|
2.
|
Afternoon Shift- at or after 10:00am and before 1:00pm
|
10%
|
3.
|
Afternoon Shift- at or after 1:00pm and before 4:00pm.
|
12.5%
|
4.
|
Night Shift- at or after 4:00pm and before 4:00am.
|
15%
|
5.
|
Night Shift- at or after 4:00am and before 6:00am.
|
10%
|
6.
|
Saturdays - between midnight on Friday and midnight on
Saturday
|
50%
|
7.
|
Sundays - between midnight on Saturday and midnight on a
Sunday
|
75%
|
(b) Public
Holidays
Where a shift worker is required to and does work on a
Public Holiday, whether a full shift or not, the employee shall be paid one and
one half day's pay in addition to the ordinary day rate. Such payment is in lieu of weekend or shift
allowances which would otherwise be payable had the day not been a Public
Holiday.
A shift worker rostered to work on a Public Holiday,
but is then given the day off work shall receive their normal day’s pay.
A shift worker rostered off work on a Public Holiday
shall be paid one day's pay.
(c) Payment for
Work Performed on a Day Rostered Off
A shift worker rostered off but who is required to work
shall be paid in accordance with the appropriate overtime provisions for that
day - see subclause 12.2.
2. Overtime
The following rates are payable for any overtime worked
by shift workers and shall be in substitution of, and not cumulative upon, the
rates payable for shift work performed on Monday to Friday, Saturday, Sunday or
Public Holiday.
(a) Monday-Friday
All overtime worked by shift workers Monday to Friday
inclusive, outside the rostered hours of work, shall be paid for at the rate of
time and one half for the first two hours and double time thereafter.
(b) Saturday
All overtime worked by shift workers on Saturday
outside the rostered hours of work shall be paid for at the rate of time and
one half for the first two hours and double time thereafter.
(c) Sunday
All overtime worked by shift workers on a Sunday
outside the rostered hours of work shall be paid for at the rate of double time
for all time worked.
(d) Public
Holidays
All overtime worked on a Public Holiday shall be paid
for at the rate of double time and one half.
3. Meal
Allowances - Overtime Worked
(a) A shift
worker, shall be paid a meal allowance in accordance with subclause 19.2 and
Item (2) of Schedule 3, Expense Related Allowances, of Part B of this award,
when:
directed to work overtime of more than one and a half
hours,
takes a half-hour unpaid meal break, and
incurs expenses in obtaining a meal.
(b) An employee
may be entitled to a subsequent meal allowance if required to work more than
five hours overtime, takes a half-hour unpaid meal break and incurs expenses in
obtaining a meal.
4. Time Off In
Lieu Of Payment
(a) An employee
who, at the direction of the Corporation, works overtime may elect to take time
off in lieu of payment for all or part of the entitlement in respect of the
time so worked. Such time off in lieu
shall accrue at the rates specified for overtime in this Award, i.e. such time
off in lieu shall accrue at the equivalent computed overtime rate.
Leave in lieu shall be taken at the convenience of the
Corporation:
(i) in multiples
of one hour;
(ii) within three
months of the date of accrual, except where the leave in lieu is for work
performed on a Public Holiday, in which case an employee may elect to have such
leave in lieu added to recreation (annual) leave credits.
(b) An employee
shall be entitled to payment for the balance of any overtime entitlement not
taken as time off in lieu.
5. Additional
Compensation For Rostered Work Performed On Sundays And Public Holidays
7-Day shift workers who are rostered to work their
ordinary hours of work on Sundays and/or Public Holidays during the period 1
December to 30 November, or part thereof, shall be entitled to receive
additional recreation (annual) leave in accordance with subclause 20.7(d) of
this Award.
6. Rosters
Rosters covering a minimum period of 28 days shall,
where practicable, be prepared and issued at least 14 days prior to their
commencement. Each roster shall
indicate the starting and finishing time of each shift.
7. Notice For
Change Of Shift
When unforeseen circumstances arise, shift workers may
be subject to shift changes at short notice.
In such cases, 24 hours notice shall be given of the proposed
change. Where such notice is not
possible, overtime rates shall be paid for the time so worked until the
expiration of such 24 hours.
8. Breaks
Between Shifts
(a) Where an
employee works so much overtime between the termination of a shift on one day
and the commencement of his/her shift on the next day, that the employee has not had at least eight
consecutive hours off work between those times, then the employee shall be released after completion of such
overtime until at least eight consecutive hours off work without loss of pay
for working time occurring during such absence.
(b) If on the
instruction of the employee’s supervisor, the employee resumes or continues
work without having had eight consecutive hours off work, then he/she shall be
paid at double rates until released from work.
Upon release from work the employee shall then be entitled to be absent
until he/she has had eight consecutive hours off work without loss of pay for
working time occurring during such absences.
9. Daylight
Saving
(a) At the
commencement of daylight saving time, where an employee works shift work and
one hour less is worked, the employee shall be paid the normal rate for the
shift.
(b) At the end of
daylight saving time each year, where a shift worker will work an additional
hour, such additional hour shall be credited as follows:
(i) For employees
on 8-hour rotating shifts, payment shall be made for the additional hour at the
normal rate for that shift.
(ii) For employees
on 12-hour shifts, the additional hour worked shall be added to rostered time
off credits.
10. Call Backs
An employee recalled to work outside his/her ordinary
rostered shift shall be paid a minimum of three hours overtime at the rate
prescribed in subclause 12.2, for each time he/she is so recalled, except where
such work is continuous with the commencement of his/ her next rostered shift
(excluding travel to and from home).
11. Co-Lateral
Agreement
Where the standard provisions of this Clause 12 -
Shiftwork are impracticable or where a different arrangement is proposed for
any group of employees, nothing in this Award will prevent the amendment of
this Clause 12, by agreement between the parties.
13.
12-Hour Shift Work
1. Purpose
(a) This Clause
sets out the prescribed conditions of employment applying to seven-day Shift
workers working under the 12-hour shift roster system.
(b) The roster
system operates on a 12-hour rotational shift basis for day and night shifts
over seven days per week, 365 days per year.
(c) It provides
for four shift teams to work on a four days "on" (two day shifts
followed by two night shifts), then four days "off", shift working
arrangement.
(d) The rosters
are designed to provide employees with greatly increased leisure time in
comparison to their previous three x eight-hour, seven-day shift rostering
system.
(e) The rosters
are also designed to enable employees to accrue 30 minutes per shift towards
Rostered Time Off - see subclause 13.7.
(f) Employees are
allowed to swap shifts with other employees, subject to subclause 13.3(f).
2. Definitions
The following definitions apply in this clause:
"Annualised Shift Loading" means - the
loading calculated by averaging the shift loadings payable to employees, based
on the probability of working the shifts on those days set out in subclause 13.4.
"Loaded Salary" means - the payment of the
"Ordinary Rate of Pay" as defined in Clause 2 Definitions, together
with the "Annualised Shift Loading" as defined above.
"12-Hour Shift" means - a shift covering a
12-hour period comprising of working time and meal breaks as prescribed in
13.3(c).
"Rostered Time Off" means - the accrual of 30
minutes of additional working time by an employee in each 12-hour shift, which
is in addition to the 10 hours of ordinary time worked per shift. Rostered Time Off may be taken by an
employee as prescribed in subclause 13.7.
3. Hours of Duty
and Shift Rosters
(a) Employees will
work an average of 35 hours per week over an eight week rotating shift
cycle. This does not include the
working of an additional 30 minutes per shift to be accrued as Rostered Time
Off.
(b) Day shifts
will commence at 7.00am and finish at 7.00pm and Night shifts will commence at
7.00pm and finish at 7.00am. These
times may be varied with the agreement of the parties including the affected
employees.
(c) Each 12-hour
shift shall comprise of:
(i) Ten hours
working time payable at the loaded salary rate of pay;
(ii) A one-hour
unpaid meal break to be taken no later than five hours after the commencement
of the shift;
(iii) A second paid
meal break of 30 minutes duration to be taken no later than ten hours after the
commencement of the shift. This meal
break is paid at the ordinary salary rate of pay; and
(iv) An additional
30 minutes of working time to be accrued towards Rostered Time Off.
(d) The eight-week
Rotating Shift Roster is set out at Schedule 4 of Part B of this Award. It rosters employees to work two day shifts,
then two night shifts, followed by four days off duty.
(e) Notice of any
change to shift rosters or teams will be posted on the notice board at least
eight days prior to the end of the immediately preceding eight-week rotating
shift roster.
(f) An employee
may swap a shift with the mutual agreement of another employee. The responsibility for staffing those
swapped shifts rests with the respective employees. If an employee is unable to swap a shift and recreation (annual)
leave or rostered time off is not approved for that absence, then it shall be
the employee's responsibility to work that shift. No claim shall be considered by the Corporation for additional
loadings or overtime as the result of a mutual agreement by employees to swap
shifts.
4. Annualised
Shift Loading
(a) The Annualised
Shift Loading of 35.4% of the ordinary rate of pay is a consolidation of :
(i) Working on
any day or night shift;
(ii) Working on
any Saturday;
(iii) Working on
any Sunday;
(iv) Being rostered
"off" on any public holiday and rostered "on" on any public
holiday - total of 11 public holidays per annum;
(v) Working on the
half-day Concession at Christmas time; and
(vi) Payment for a
second meal break of 30 minutes duration on each rostered shift at the ordinary
salary rate of pay.
(b) The
calculation of the Annualised Shift Loading is attached at Schedule 5.
(c) The Annualised
Shift Loading shall not be paid when employees are absent from work on any type
of leave, except for recreation (annual) leave, subclauses 13.9 and 13.10
refer.
5. Meal Breaks
(a) During each
12-hour shift, employees shall be allowed two meal breaks:
(i) A one hour,
unpaid meal break to be taken no later than five hours after the commencement
of the shift
(ii) A 30 minute
paid meal break (paid at the ordinary salary rate of pay -subclause 13.4(a)(vi)
refers) to be taken no later than 10 hours after the commencement of the shift.
6. Overtime
(a) All time
directed to be worked in excess of the rostered 12-hour shift shall be paid at
the following rates, excluding the annualised shift loading:
(i) For excess
time directed to be worked before or after the rostered commencing or finishing
times, Monday to Saturday, at the rate of time and one half for the first 2
hours and double thereafter.
(ii) For excess
time directed to be worked on a Sunday, at the rate of double time.
(iii) For excess
time directed to be worked on any public holiday, at the rate of double time.
(b) An employee
directed to work a shift on a day the employee is rostered "off"
shall be paid overtime in accordance with subclause 13.6(a), excluding those
situations where employees have agreed to swap shifts.
(c) Employees
shall be entitled to a rest break of at least 10 consecutive hours between the
cessation of an ordinary rostered shift and the commencement of the next
ordinary shift. Where an employee has
not observed a rest break of at least 10 hours prior to the commencement of
their next ordinary shift, then that employee shall be paid for that shift at
the rate of double time on their ordinary salary rate of pay.
An employee will not be required to be on duty for more
than 14 consecutive hours. After being
on duty for 14 consecutive hours an employee will take a rest break of at least
ten consecutive hours. Where due to unavoidable circumstances an employee is
directed to resume work, without having had a rest break of ten consecutive
hours, payment for the next shift shall be at the rate of double time until the
employee is released from duty for ten consecutive hours. Any rostered working time occurring during
such absence shall be paid for at the loaded salary rate.
(d) An employee
who has worked at least one hour and thirty minutes before the rostered
starting time or after the rostered finishing time of a shift shall be entitled
to take a meal break of 30 minutes. A meal allowance shall be paid in
accordance with subclause 19.2 of this Award.
7. Rostered Time
Off
(a) Rostered Time
Off, as defined in subclause 13.2, accrues at the rate of 30 minutes of working
time per rostered 12-hour shift. The maximum that may be accrued is 50 hours at
any time.
(b) Rostered Time
Off may be taken by each employee, subject to the prior approval of the
supervisor/manager and at the convenience of the Corporation.
(c) Rostered Time
Off may be used towards the taking of a whole shift or a number of shifts off
duty, up to a maximum of four shifts.
(d) Rostered Time
Off may also be used by an employee to take part of a shift off duty in
multiples of one-hour units.
(e) Where an
employee's employment ceases with the Corporation, then any accrued Rostered
Time Off shall be paid to an employee at the loaded salary rate.
8. Higher Duties
(a) An employee
directed to relieve in a higher graded position for three or more consecutive
12-hour shifts and performs the full range of duties of the position shall be
paid the minimum salary rate of the higher graded position for the full period
of relief.
(b) Where an
employee is directed to relieve in a higher graded position for three or more
consecutive 12-hour shifts, but does not perform the whole of the duties or the
whole of the responsibilities, the employee will be paid an allowance according
to the proportion of the duties and responsibilities completed.
(c) All other
provisions prescribed in subclause 18.1 of this Award will apply.
9. Recreation
(Annual) Leave
(a) Recreation
(annual) leave shall be converted to the hourly equivalent of the annual
entitlement. Recreation (annual) leave may be granted in a minimum of one-hour
units.
(b) Employees
working under this arrangement shall have an entitlement of five weeks
recreation leave per year (35 hours/ week basis). This shall be calculated as an annual entitlement of 175 hours,
which is the equivalent of 17.5 full 12-hour shifts of ten hours working time.
This shall be in lieu of the additional recreation (annual) leave provided for
in subclause 20.7(d).
(c) Any recreation
(annual) leave taken shall be debited on an hourly basis against absences
within the 10 hours working time of a 12-hour shift.
(d) An employee
shall not accrue recreation (annual) leave in excess of 350 hours (35 shifts), unless
approval to accrue in excess of the maximum accrual is obtained in accordance
with subclause 20.7(i).
(e) Payment for
all recreation (annual) leave shall be calculated at the loaded rate of pay and
will be in full consideration of annual leave loading provisions.
(f) Each employee
working under this arrangement will have the option of cashing in the
equivalent of their one weeks' shift workers recreation (annual) leave (ie 35
hours pay) in November each year.
(g) Each employee
shall be required to take the equivalent of at least two weeks recreation
(annual) leave each year, unless the employee has insufficient paid leave
available. The minimum absence shall be
eight shifts, made up of not less than six shifts equivalent of recreation
(annual) leave combined with Rostered Time Off.
10. All Other
Leave
(a) All other
leave shall be paid at the ordinary rate of pay only.
(b) Sick Leave
(i) Sick leave
shall be calculated on the annual entitlement of 105 hours (ie 15 x seven hour
days) or the equivalent of 10.5 12-hour shifts (based on ten hours worked),
fully cumulative.
(ii) Employees who
transfer to the 12-hour shift roster and have pre-existing sick leave balances
shall have such balances converted into hours.
(iii) Any sick
leave taken shall be debited in one-hour units against absences within the ten
hours working time in a 12-hour shift.
(iv) All other
provisions from subclause 20.9 shall apply.
(c) Extended (Long
Service) Leave
(i) Extended
(long service) leave for employees shall apply in accordance with the
provisions of subclause 20.15.
(ii) Employees who
transfer to the 12-hour shift arrangement and have pre-existing balances shall
have such accruals converted to a 12-hour shift basis (based on 10 hours
worked).
(d) Other Paid
Leave
All other leave such as Family and Community Service
Leave, Other Forms of Paid Leave, Paid Maternity Leave, Paid Adoption Leave and
Special Sick Leave shall be paid at the ordinary salary rate of pay.
11. Study Time
Employees with approved study time may accumulate such
time in accordance with subclause 21.11 to allow an employee to accumulate
study time in order that a full shift or part of shift may be taken off work,
where convenient to both the employee and the Corporation.
12. Daylight
Saving
(a) At the
commencement of daylight saving time, where an employee works shift work and
one hour less is worked, the employee shall be paid the normal rate for the
shift.
(b) At the end of
daylight saving time each year, for a shift worker on 12-hour shifts, the
additional hour worked shall be added to rostered time off credits.
13. Other
Conditions
(a) This Clause
shall be read and interpreted in conjunction with the other conditions of
employment set out in this Award. Where there is any inconsistency between a
provision in this Clause and another Clause in this Award, then the provision
under this Clause shall take precedence.
14.
Public Holidays
1. Definitions
The following definitions apply to this clause:
"NSW Lotteries Employees Holiday" refers to
the holiday taken on one of the working days between Boxing Day and New Year's
Day.
"Local Holiday" means a public holiday that
is not a public holiday throughout the State of NSW.
2. General
The following days shall be deemed to be public
holidays:
New Year's Day,
Australia Day,
Good Friday,
Easter Saturday,
Easter Monday,
Anzac Day,
Queen's Birthday,
Labour Day,
Christmas Day,
Boxing Day,
NSW Lotteries’ Employees Holiday, or
any other day duly proclaimed as a Public Holiday in
lieu of any of those days, together with any other day duly proclaimed as a
Public Holiday throughout the State of New South Wales.
3. NSW
Lotteries’ Employees Holiday
(a) The Chief
Executive Officer or delegate must, having regard to the requirements of the
Corporation, ensure that all staff are to be afforded a day off without loss of
pay during the three working days between Boxing Day and New Year's Day.
(b) The
Corporation should ensure that no member of staff be required to forego the
day's leave during this period. In the exceptional circumstances where an
employee has been requested to be at work for all three working days, then
those employees are to be compensated for one day in the manner prescribed by
subclause 11.3(d) of this Award.
(c) Employees
whose salary includes payment for work performed on public holidays who are
required to work on the Corporation Employees Holiday are to have one day added
to recreation (annual) leave credits and in respect of ordinary hours worked on
that day, additional payment at the rate of half time.
4. Local Holiday
An employee will be afforded a day off without loss of
pay on any proclaimed local holiday subject to the convenience of New South
Wales Lotteries.
15.
Transport of Employees Finishing Work Late at Night Or Commencing Work
Early in the Morning
Departure or arrival before 5.30am or after 8pm for a
rostered shift or overtime does not in itself warrant the provision of
transport. Where an employee can
demonstrate that for part or whole of a journey to home or to work:
the normal means of transport, public or otherwise, is
not reasonably available; and/ or
travel by such means of transport places the safety of
the employee at risk;
then the Corporation shall reimburse the employee for the
cost of the taxi fare incurred for such part or whole journey.
16.
Transferred Employees
Where an employee of the Corporation transfers to a position
involving the relocation:
between the Sydney Metropolitan area and a regional
centre; or,
from a regional centre to the Sydney Metropolitan area;
or,
between regional centres,
then financial assistance, including the cost of removal and
other expenses, and leave to assist with the move, will be subject to
negotiation.
17.
Compensation for Business Travel
1 Where an
employee is required to travel to a temporary work location, the Corporation
shall consider the personal convenience of the affected employee.
2. Definitions
The following definitions apply to this Clause 17.
"Excess Travel" for employees who are
required to work at a location other than their normal headquarters, means -
travelling time outside the ordinary hours of work which exceeds the time
normally taken in travelling between the employee’s home and headquarters and
return.
"Accommodation Arranged by the Corporation"
means - accommodation either provided or arranged by the Corporation.
"Prescribed Starting Time" means:-
(a) for an
employee not working under a flexible working hours scheme - the commencement
of ordinary daily hours (as defined below) of the Corporation; or
(b) for an
employee working under a flexible working hours scheme - the commencement of
bandwidth of the scheme applying to that employee.
"Prescribed Ceasing Time" means:-
(a) for an
employee not working under a flexible working hours scheme - the conclusion of
ordinary daily hours (as defined below) of the Corporation; or
(b) for an
employee working under a flexible working hours scheme - the conclusion of
bandwidth of the scheme applying to that employee.
"Residence" means - the ordinary and
permanent place of abode of the employee.
"Ordinary Daily Hours" means:-
(a) for the
purposes of shift workers, as defined, the shift for which the employee was
rostered on the day in question; and
(b) in the case of
other employees whose ordinary hours are not specified, the period commencing
when the employee commences work at the first work locality or at 8.30 a.m.,
whichever is the earlier, and continuing until their ordinary daily hours of
work have been worked.
"Temporary Work Location" means- the place at or from which the employee
temporarily performs work.
"Working Day" means - any day on which the
employee's normal roster or standard hours of work specify that the employee
works, but does not include any day on which the employee takes a full day's
recreation (annual) leave, flex leave, sick leave, extended (long service)
leave, or any other form of a full day's paid or unpaid leave.
3. Excess
Travelling Time
Where an employee is required to travel outside ordinary
hours for work, application may be made for compensation. If it is convenient
to the Corporation, equivalent time off in lieu of payment shall be granted for
excess time occupied in so travelling, or payment shall be made. Such time off
in lieu, or payment, shall be granted subject to:
(a) where travel
is on a non-working day for the employee concerned:
(i) only time
spent in travelling after 7.00 a.m. shall count; and
(ii) travel was
undertaken by direction of the Corporation.
(b) where travel is
on a working day only, the time spent in travelling before or after the
standard hours, shall count, subject to the conditions in subclause 17.3(c).
(c)
(i) There shall
be deducted from an employee's total travelling time on any one day, other than
a non-working day, the time normally taken for the periodic journey from home
to headquarters and return;
(ii) claims of
less than one-quarter of an hour on any one day shall be disregarded;
(iii) travelling
time shall not include any period of travel between 11.00 pm on any one day and
7.00 am on the following day where the employee has travelled overnight and
sleeping facilities have been provided for the employee;
(iv) travelling time
shall be calculated by reference to the time that might reasonably have been
taken by the use of the most practical and economic means of transport.
4. Calculation
And Method Of Payment
(a) Payment for
excess travelling time calculated in accordance with the provisions of
subclause 17.3, Excess Travelling Time of this clause shall be at the
employee's ordinary rate of pay on an hourly basis.
(b) The rate of
payment for excess travel on a non-working day shall be the same as that
applying on a working day.
(c) Employees who
are in receipt of a salary in excess of the salary applicable to Pay Step 22
(previously the maximum rate for Grade 5 Clerk), shall be paid travelling time
calculated at the rate of Pay Step 22 plus $1, as adjusted from time-to-time.
(d) Time off in
lieu, or payment, as the case may be, for excess travelling time will not be
granted or made for more than eight hours in any period of 24 consecutive
hours.
5. Meal
Allowances on a One Day Journey
An employee who makes a one day journey on business and
who does not require temporary accommodation, shall be reimbursed for actual
and reasonable expenses incurred in obtaining a meal subject to the
presentation and assessment of receipts.
6. Accommodation
Expenses - Employee Arranged Accommodation
(a) An employee
who:
works at or from a temporary work location; and
is compelled to reside temporarily at a place other
than the employee's residence; and
is not provided with accommodation arranged by the
Corporation,
shall be either:
(i) reimbursed
for actual and reasonable expenses subject to the presentation and assessment
of receipts, or
(ii) be paid an
allowance, based on the prescribed reasonable daily travel allowances set by
the Australian Taxation Office for taxation purposes, as prescribed in Item 1
of Schedule 3, of Part B of this Award, for expenses incurred during the time
actually spent away from the employee's residence in order to perform that
work, subject to the presentation of a
receipt for each night's accommodation and subject to subclause 17.6 (b).
(b) Where an
employee chooses to stay in a private residence during the time actually spent
away from the employee's residence to perform that work, then the employee
shall be reimbursed for actual and reasonable expenses incurred for meals and
other expenses, subject to the presentation and assessment of receipts.
7. Accommodation
Arranged by the Corporation
(a) Definition
The following definition applies to this sub-clause
only:
"Expenses" shall mean - any sundry or minor
expenses in relation to food, telephone calls, laundry and dry cleaning, and
accommodation in excess of that which would normally have been incurred, had
the employee remained at the place of residence.
(b) An employee
who:
performs official work at or from a temporary work
location; and
is thereby compelled to reside temporarily at a place
other than the employee's residence; and
is provided with comfortable accommodation arranged by
the Corporation;
shall be reimbursed for any expenses incurred during
the time actually spent away from the employee's residence in order to perform
that work, subject to the presentation and assessment of receipts.
8. Working at
Another Location - General Provisions
(a) Accommodation
Expenses prescribed under either subclause 17.6 or Expenses under subclause
17.7, are not payable in respect of:
(i) any period
that the employee returns to the employee's residence at weekends or public
holidays commencing with the time of arrival at that residence and ending at
the time of departure from that residence; or
(ii) any period of
leave except with the approval of the Corporation or as otherwise provided by
this Clause; or
(iii) any other
period during which the employee is absent from the temporary work location
otherwise than on official business.
(b) An employee
who is in receipt of expenses under subclauses 17.6 or 17.7 :
(i) may return to
the employee's residence on any weekend or public holiday; and
(ii) shall be
reimbursed for any actual and reasonable expenses incurred in connection with
the necessary period of travel by the employee.
(c) The
Corporation may require an employee, who is in receipt of expenses under
subclauses 17.6 or 17.7, to return to the employee's residence if that return
would achieve a cost saving to the Corporation.
(d) Where an
employee, who is in receipt of expenses under subclauses 17.6 or 17.7 and
cannot return to the employee's residence without being absent from work, the
employee may, on occasions and in the manner prescribed by subclauses 17.7(e)
and 17.8(f), be granted Paid Leave:
(h) sufficient to
permit the employee to return to that residence at weekends and
(i) to spend at
least two consecutive days and nights at home.
(e) Paid Leave in
accordance with subclause 17.8(d) may be granted after the employee concerned
has worked at the temporary work location for three weeks. Thereafter such
leave may be granted in respect of each further period of work of four weeks.
(f) Notwithstanding
subclause 17.8(e), Paid Leave under subclause 17.8(d):
(i) may be
granted at Christmas and Easter, where Paid Leave for the appropriate three or
four weekly period has not already been granted; and
(ii) is forfeited
for the appropriate three or four weekly period if the leave is not taken at
the time at which it falls due, or where the leave could not be taken at that
time because of the Corporation's business priorities, (if the leave is not
taken on the next weekend convenient to the Corporation); and
(iii) where a
period of service at one temporary work location is immediately followed by
another such period at a different temporary work location - shall be
calculated as though those periods of work were a single period at a single
location.
(g) An employee
who is in receipt of expenses under subclause 17.6 or 17.7 and who is granted
Paid Leave under subclause 17.8(d) shall be reimbursed for any actual and
reasonable expenses incurred in connection with the necessary period of travel
by the employee for:
(i) the journey
from the temporary work location to the employee's residence; and
(ii) the return
from the employee's residence to the temporary work location,
but is not entitled to Accommodation Expenses under
subclause 17.6 in respect of the same period.
(h) An employee
who is in receipt of expenses under the said subclauses 17.6 or 17.7 and
who, in ceasing to perform work at a
temporary work location, leaves that location, shall be reimbursed for actual
and reasonable expenses for:
the necessary period of travel to return to the
employee's residence or
to take up work at another location.
9. Claims For
Payment
(a) Payment in
advance: The Corporation may approve applications for advance payments of
travelling expenses. Such applications
should detail the approximate expenditure anticipated.
(b) Time for
submitting claims: Claims should be submitted within one month from the
completion of the work.
10. Payment for
the Use of Private Motor Vehicles
Payment for the use of private motor vehicles shall be
as specified in subclause 18.3 and Item 3 of Schedule 3 of Part B of this
Award.
18.
Higher Duties Allowances
1. Higher Duties
(a) An employee
who has satisfactorily performed, in the opinion of the Chief Executive Officer
or delegate, all of the duties and assumed all of the responsibilities of the
vacant position during a period of relief shall be paid an allowance equal to
the difference between the employee's present salary and the minimum salary for
the vacant position.
(b) An employee
who does not undertake all the duties or responsibilities of the vacant
position during a period of relief, shall, subject to this clause, be paid that
proportion of the allowance referred to in subclause 18.1(a), as determined by
the Chief Executive Officer or delegate.
(c) Except where
the Chief Executive Officer or delegate otherwise determines, an allowance shall not be paid under this
clause in respect of periods of relief of less than five complete and
consecutive working days or in the case of employees working under the twelve
hour shift pattern, not less than three consecutive twelve hour shifts.
(d) During any
period of relief in another position, an allowance shall not be paid under this
clause in respect of any period of leave, exceeding five complete and
consecutive working days, taken by the employee.
(e) An employee
relieving in another position shall not thereby suffer any reduction in salary.
(f) If an
employee relieves part time on a continuing basis, an allowance shall be paid
under this clause calculated on a pro rata basis based on the average number of
hours worked per week divided by the full time equivalent hours.
19.
Expense Related Allowances
1. Definitions
The following definitions apply to this clause.
"Prescribed starting time" means - 7.00am for
employees working under a flexible working hours scheme or the scheduled shift
starting time for shift workers or the nominated starting time for staff not
working under a flexible working hours scheme.
"Prescribed ceasing time" means - 7.00pm for
employees working under a flexible working hours scheme or the scheduled shift
finishing time for shift workers or the nominated finishing time for staff not
working under a flexible working hours scheme.
2. Meal Breaks
And Allowances
(a) An employee,
when directed to work overtime and who incurs an expense in obtaining a meal
and takes a minimum of half-hour unpaid meal break, shall be paid a meal
allowance at the respective rate set out in Item 2 of Schedule 3 - Expense
Related Allowances of Part B of this Award, when required to:
(i) Commence work
at least 1.5 hours before the prescribed starting time.
(ii) Work at least
1.5 hours after the prescribed ceasing time.
(iii) Work more
than 5 hours overtime beyond the prescribed ceasing time.
(iv) Work more than
5 hours when called back to work. If
more than 8.5 hours is worked on such an occasion, not including the meal
breaks, then a subsequent meal allowance is payable.
(v) Work more than
5 hours on a day, which is not the
employee's usual or rostered day of work.
If more than 8.5 hours of overtime is worked on such an occasion,
excluding the meal breaks, then a subsequent meal allowance is payable.
(b) The quantum of
these meal allowances shall be adjusted in line with each change published by
the Australian Taxation Office to the reasonable overtime meal allowance.
3. Use Of
Private Motor Vehicle
(a) An employee
who, with the approval of the Corporation, and a Corporation motor vehicle is
unavailable, uses a private motor vehicle for the conduct of the Corporation's
business shall be paid an allowance as set out in Item 3 of Schedule 3 -
Expense Related Allowances of Part B of this Award.
(b) An allowance
shall not be paid under (a) to an employee using a private motor vehicle on the
Corporation’s business unless the employee has in force, while using the
vehicle on the Corporation' business, either:
(i) a
comprehensive or a third party property motor vehicle insurance policy; or
(ii) a third party
property motor vehicle insurance policy, and the employee guarantees that the
Corporation shall not be liable for any loss or damage to the employee’s
vehicle.
(b) Where a
Corporation fleet motor vehicle was not available for a journey but the
Corporation is of the opinion that public transport was reasonably available
for the journey, the amount of any allowance paid under (a) shall not exceed
the cost of the journey by public transport.
(c) The allowance
as set out in Item 3 of Schedule 3 - Expense Related Allowances will be paid
for the kilometres travelled for the conduct of the Corporation’s business,
less the kilometres normally travelled by the employee for travel to and from
work.
(d) Where a
private vehicle is damaged whilst being used on official business the normal
excess insurance charges where prescribed by insurers shall be reimbursed by
the Corporation.
(e) The
Corporation shall reimburse to an employee the costs of repairs to broken
windscreens where the use of a private vehicle had been approved for official
business and the costs cannot be met under insurance policies due to excess
clauses.
(f) Expenses such
as tolls etc. shall be refunded to employees using private motor vehicles on
official business and where the charge was incurred for travel on such official
business.
(g) Except as
otherwise specified in this Award, an employee shall bear the cost of travel to
and from work.
4. Garage
Allowance
(a) Where an
employee garages a Corporation vehicle in his/her own garage, the employee
shall be paid an allowance set out in Item 4 of Schedule 3 - Expense Related
Allowances of Part B of this Award,
where the use of a garage is essential because of special circumstances
associated with his/her duties.
(b) Where an
employee is absent from headquarters and receives an allowance for the use of a
private motor vehicle on official business, the employee shall be paid the
actual costs incurred for garaging of the vehicle.
5. Home Office
Allowance
Employees who:
are based in regional locations outside the Sydney
Metropolitan area; and
are not provided with office accommodation by the
Corporation; and
use a room at home dedicated solely for the purpose of
an office,
shall be paid a Home Office Allowance as prescribed at
Item 5 of Schedule 3, Expense Related Allowances of Part B of this Award
6. Uniforms And
Protective Clothing
(a) An employee
who is required or authorised by the Corporation to wear a uniform, protective
clothing or other specialised clothing in connection with the Corporation'
business shall be reimbursed for cleaning and maintaining the uniform or
clothing upon production of the relevant receipts.
(b) Work Clothes
for Distribution Officers and Printers at Lidcombe Distribution Centre will be
provided in line with the Corporate Policy.
7. Payment Where
Allowance Not Adequate or Available
If the Corporation is satisfied that, but for this
clause, the actual expenses properly and reasonably incurred by an employee in
the performance of the work:
(a) is not
adequately covered by an allowance to which the employee is entitled under this
part; or
(b) is not covered
by any allowance payable under this clause, the employee shall be paid an
allowance equivalent to the amount of those additional expenses or the amount
of those expenses, as the case may be.
20. Leave
1. General
Provisions
(a) An application
by an employee for leave under this clause shall be made to and dealt with by
the Corporation.
(b) The Chief
Executive Officer or delegate, in dealing with any such application, shall have
regard to the exigencies of the Corporation, but as far as practical shall deal
with the application in accordance with the wishes of the employee.
(c) All leave will
be calculated in a minimum of one-hour units.
(d) Leave to Count
for Incremental Purposes. The following
types of leave are regarded as service for incremental purposes:
recreation (annual) leave;
sick leave;
family and community service leave;
extended (long service) leave, full-pay, double-pay and
half-pay;
maternity leave, full-pay and half-pay;
adoption leave;
short paid parental leave;
study time;
leave without pay totalling five days or less in the
incremental period;
any period of leave without pay where used for the
purposes of part-time service with the Defence Forces; to represent Australia
or NSW in amateur sport; workers' compensation or transport strikes;
sick leave without pay;
other forms of paid leave.
(e) Leave to count
for leave accrual purposes. The
following types of leave are regarded as service for leave accrual purposes:
recreation (annual) leave;
sick leave;
sick leave without pay;
family and community service leave;
personal/carers leave
extended (long service) leave at full-pay;
extended (long service) leave taken on half-pay counts
as full time service for all purposes except for recreation (annual) leave,
which accrues at half the rate;
extended (long service) leave taken on double-pay
counts as full time service for all purposes except for recreation (annual)
leave, which accrues at single-time rate;
maternity leave at full-pay;
maternity leave at half-pay, accrues all leave at half
the rate;
unpaid maternity leave does not count as service for
determining any leave entitlement, except for extended (long service) leave
when at least ten years of service has been completed and unpaid maternity
leave does not exceed six months;
adoption leave at full-pay;
adoption leave at half-pay, which accrues all leave at
half the rate;
unpaid adoption leave does not count as service for
determining any leave entitlement, except for extended (long service) leave
when at least ten years of service has been completed and unpaid maternity
leave does not exceed six months;
short paid parental leave at full-pay;
short paid parental leave at half-pay, which accrues
all leave at half the rate;
unpaid parental leave does not count as service for
determining any leave entitlement, except for extended (long service) leave
when at least ten years of service has been completed and unpaid maternity
leave does not exceed six months;
study time;
leave without pay totalling five days or less in the
incremental period;
other forms of paid leave.
(f) All leave
provisions prescribed under this clause shall be read in conjunction with the
minimum provisions of the Industrial Relations Act 1996.
2. Maternity
Leave
(a) Definitions:
"Birth" includes Stillbirth;
"Expected Date of Birth", in relation to an
employee who is pregnant, means a date specified by a Medical Practitioner to
be the date on which the Medical Practitioner expects the employee to give
birth as a result of pregnancy.
(b) An employee
who is pregnant shall, subject to this clause, be entitled to be granted
maternity leave:
(i) for a period
of not more than nine weeks on a full-time basis prior to the expected date of
birth; and
(ii) for a further
period ending not more than twelve months after the actual date of birth.
(c) An employee
who has been granted maternity leave may, with the permission of the
Corporation, take leave after the actual date of birth:
(i) full-time for
a period not exceeding twelve months; or
(ii) part-time
over a period not exceeding two years, or partly full-time and partly part-time
over a proportionate period.
(d) An employee
who has applied for or been granted maternity leave shall, as soon as practical
after the termination of the pregnancy (whether by the birth of a living child
or otherwise), notify the Corporation of the birth and the date on which it
occurred.
(e) Right of
return to former position after Maternity Leave
An employee who resumes work immediately on the
expiration of maternity leave, whether taken on a full time or part time basis,
shall:
(i) if the
position occupied by the employee immediately before the commencement of that
leave still exists - be entitled to be placed in that position; or
(ii) if the
position so occupied by the employee has ceased to exist - be entitled to be
appointed (subject to the availability of other suitable positions) to another
position for which the employee is qualified and of the same grade or pay
range.
(f) Except as
otherwise provided by subclause 20.2(g), maternity leave shall be granted
without pay.
(g) Paid Maternity
Leave
An employee who:
(i) applied for
maternity leave within such time and in such manner as the Corporation may from
time to time determine; and
(ii) prior to the
expected date of birth, completed not less than 40 weeks continuous service,
is entitled to payment at the employee’s ordinary rate
of pay for a period not exceeding fourteen weeks of maternity leave or the
period of maternity leave taken, whichever is the lesser period.
(h) Changes to
maternity leave - applications and variations:
(i) Employee
Notification Requirements
An employee shall formally notify the Corporation in
writing:
(a) not less than
eight weeks before the expected date of birth, of:
(i) the intention
to proceed on maternity leave,
(ii) the expected
date of birth certified by a medical practitioner, and
(iii) any maternity
leave to be taken on a part‑time basis;
(b) not less than
four weeks before the expected date of birth of:
(i) the date on
which the maternity leave is intended to commence, and
(ii) the period of
leave to be taken,
subject to notification, within two weeks of the date
of birth of a living child, if the birth occurs earlier than the expected date.
(ii) Variation
before Commencement of Leave
Before actually commencing maternity leave, an employee
may vary the period, or leave of any part-time arrangement, any number of
times.
(iii) Variation
while on Leave
After commencing maternity leave, an employee may vary the
period of leave or any part-time arrangement:
(a) once without
the consent of the Corporation; and
(b) any number of
times with the consent of the Corporation.
(iv) Minimum Notice
A minimum of 14 days notice of any variation must be
given unless the Corporation may allow a lesser period of notice.
(v) Employer
Notification Requirements
Where the Corporation needs to notify an employee of
any change to the arrangements for maternity leave, other than the agreed
arrangements, a minimum of 14 days notice must be given.
(i) Paid Leave
Prior to or During Maternity Leave
(i) Illness
Associated with Pregnancy:
If, because of an illness associated with the
pregnancy, an employee is unable to continue to work then the employee can
elect to use any available paid leave (sick, recreation (annual) and/or extended
(long service) leave) or to take sick leave without pay. Such leave shall cease on the working day
immediately preceding the day of commencement of the nominated period of
maternity leave or on the working day immediately preceding the date of birth
of the child, whichever is the sooner.
(ii) Other Leave
Immediately Prior to Maternity Leave
Where an employee who is not sick, wishes to cease work
before the date on which the employee plans to enter on maternity leave, the
employee may do so by applying for any available recreation (annual) leave or
extended (long service) leave, or for leave without pay.
(iii) Other Paid
Leave within the Period of Maternity Leave
(a) If an employee
so elects and subject to the Corporation's convenience, recreation (annual)
and/or extended (long service) leave to which the employee is entitled may be
combined with maternity leave.
(b) Leave so
granted shall not reduce the entitlement of twelve months unpaid maternity
leave.
(c) The period
over which recreation (annual) and/or extended (long service) leave combined
with unpaid maternity leave (full-time or part-time), shall not exceed a total
period of two years from the date of birth of the child.
(j) Premature
Birth, Still Birth, Miscarriage
(i) Premature
Birth
If an employee gives birth prematurely and before
commencing the maternity leave for which the employee has applied, the employee
shall be treated as being on maternity leave from the date the employee enters
on leave to give birth to the child and any previous leave arrangements will be
negated.
(ii) Still Birth
In the event of a stillbirth, the employee may elect to
take available sick leave instead of maternity leave.
(iii) Miscarriage
In the event of a miscarriage any absence from work is
to be covered by sick leave.
(k) Alternative
Work for Employee at Risk (Reasonable Adjustment)
Where, because of an illness or risk associated with
the pregnancy, the employee is unable to carry out the duties of her position,
the Corporation shall as far as practicable, provide employment in some other
position, the duties of which the employee is able to satisfactorily
perform. The position to which the
employee is transferred under these circumstances shall be as close as possible
to, and salary to, the employee’s substantive position.
(l) Calculation
of Increments and Leave Credits
(i) Increments
Any period of paid maternity leave (at full or half‑pay)
shall count as full service for the purposes of determining incremental
progression. However, unpaid maternity
leave shall not count as service for determining incremental progression,
except where increments based on age must be paid on the attainment of the
appropriate age.
(ii) Leave Credits
(a) Maternity
leave at full pay shall count as full service for the purposes of determining
all forms of leave.
(b) Maternity
Leave at half pay shall count as service on a pro-rata basis for the purposes
of determining all forms of leave.
(c) Unpaid
maternity leave shall not count as service for determining any form of leave
entitlement, except for Extended (long service) Leave when at least ten years
of service has been completed and unpaid maternity leave does not exceed six
months.
(m) Further
Pregnancy
(i) General
Where an employee becomes pregnant whilst on maternity
leave, a further period of maternity leave shall be granted if requested.
(ii) Cessation of
Current Entitlement to Leave
If the employee enters on the second period of
maternity leave during the currency of the initial period of maternity leave,
then any residual maternity leave from that initial entitlement ceases.
(n) Part-time
Maternity Leave
(i) Entitlement
The maximum period of part-time maternity leave which
may be granted is two years from the date of birth of the child and must be commenced
before the expiration of twelve months' full-time leave.
(ii) Overtime
Where it is essential that an employee on part-time
maternity leave be directed to work overtime, the employee shall be paid in the
following manner:
(a) For work
performed in excess of regular part-time hours up to the ordinary full-time
hours per day for that category of staff, at the ordinary hourly rate.
(b) For work
performed in excess of the ordinary full-time hours per day for that category
of staff, at the rate specified by Clause 10, Overtime, of this Award.
(iii) Allowances
Salary related allowances paid in recognition of duties
undertaken during the part-time leave arrangement shall be paid in the same
manner. Such allowances include first
aid and community language allowances. However, expense related allowances such
as travelling allowances, overtime, meal allowances, shall be paid in full if
an entitlement to such allowances arises.
(iv) Public Holidays
Employees on part-time maternity leave shall be paid
for public holidays which fall on those days on which they would have been at
work under the part-time arrangement.
Payment shall be made for the number of hours that would have been
worked had the day not been a public holiday.
(v) Increments
Hours worked during part-time maternity leave,
converted to the full-time equivalent, shall be counted for incremental
purposes. The formula by which part-time service is converted to full-time is:
Period worked x
|
No.
of hours per week
|
|
part-time
|
worked
part-time
|
= Full-time service
|
|
Full-time
equivalent hours
|
|
|
|
|
Employees employed on an incremental scale based on age
are to be advanced to the next increment at the appropriate time.
(vi) Return to
Full-time Employment
An employee may resume full-time employment by giving
the Corporation four weeks' notice. On resumption of full-time work, the period
of part-time service shall be converted to the full-time equivalent, and
allowed as credit for all leave purposes.
(vii) Leave
(a) Payment for
Leave
Unless otherwise specified below, payment for leave
granted shall only be for the hours for which the employee would have been at
work and at the rate of pay under the part-time leave arrangement.
(b) Concessional
Leave
Concessional Leave shall be granted in accordance with
the provisions applicable to full-time staff where, under the part-time leave
arrangement, an employee would have worked a full day on a day to which
concessional leave applies.
(c) Leave Without
Pay
Short periods of leave without pay may be granted to
cover intermittent absences from work without affecting the continuity of the
part-time maternity leave, e.g. during disruptions to public transport, or
where recreation (annual) leave has been exhausted.
Extended periods of leave without pay may be granted
subject to the usual conditions. However, maternity leave shall cease on the
day prior to the commencement of leave without pay.
(d) Recreation
(annual) Leave
Recreation (annual) leave for the period of the
part-time arrangement shall accrue in accordance with the following formula:
Normal accrual for
|
x
|
Hours per week
|
the period
|
|
worked part-time
|
|
|
|
Full-time equivalent hours
|
(e) Sick Leave
Sick leave for the period of the part-time arrangement
shall accrue in accordance with the following formula:
Annual Entitlement
|
x
|
Hours per week
|
|
|
worked part-time
|
|
|
|
Full‑time equivalent
hours
|
(f) Other Leave
All other types of leave shall be granted by the
Corporation in accordance with conditions of other relevant sections in this
Award.
(o) Payment in
Advance
Maternity leave may be paid:
(i) on a normal
fortnightly basis; or
(ii) in advance in
a lump sum; or
(iii) at the rate
of half pay over a period of 28 weeks on a regular fortnightly basis.
(p) Eligibility
An employee's previous continuous service with a Public
Sector organisation listed in the schedule to the Transferred Officers Extended
Leave Act, 1961, shall be recognised towards the 40 weeks continuous service
prescribed in subclause (g)(ii) of this clause and subclause (e)(ii) of clause
20.3.
An employee who has met the conditions for paid
maternity leave once will not be required to again work the 40 weeks continuous
service in order to qualify for further periods of paid maternity leave.
3. Adoption
Leave
(a) An employee
adopting a child and who will be the primary care giver shall be entitled to
adoption leave:
(i) for a period
of up to twelve months if the child is under five years of age at the date of
taking custody, or
(ii) for such
period, not exceeding twelve months on a full time basis as the Corporation may
determine, if the child is over 5 years of age at the date of taking custody.
(b) An employee
who has been granted adoption leave may, with the permission of the
Corporation, takes leave:
(i) full-time for
a period not exceeding twelve months; or
(ii) part-time for
a period not exceeding two years; or
(iii) partly
full-time and partly part-time over a proportionate period.
(c) Adoption leave
commences on the date that the employee takes custody of the child concerned,
whether that date is before or after the date on which a court makes an order
for the adoption of the child by the employee.
(d) An employee
who resumes work immediately on the expiration of adoption leave shall:
(i) if the
position occupied by the employee immediately before the commencement of that
leave still exists - be entitled to be placed in that position; or
(iii) if the
position so occupied by the employee has ceased to exist - be entitled to be
appointed (subject to the availability of other suitable positions) to another
position for which the employee is qualified.
(e) An employee
who will be the primary care giver from the date of taking custody of the
adopted child shall be entitled to payment at the employee’s ordinary rate of
pay for a period of fourteen weeks of adoption leave or the period of adoption
leave taken, whichever is the lesser period, if the employee:
(i) applied for
adoption leave within the time and in the manner determined by the Corporation;
and
(ii) prior to the
commencement of adoption leave, completed not less than 40 week’s continuous
service.
(f) Except as
otherwise provided by subclause 20.3 (e), adoption leave shall be granted
without pay, unless the employee elects to take accrued recreation leave or
extended leave in respect of some or all of the period of adoption leave.
(g) Special
Adoption Leave - An employee shall be entitled to special adoption leave
without pay for up to two days to attend interviews or examinations for the
purposes of adoption. Special adoption
leave may be taken as a charge against recreation (annual) leave, extended
(long service) leave, family and community service leave, flex time or rostered
time off (as applicable).
4. Parental
Leave
(a) Parental Leave
is available to an employee who applies for leave to look after their child or
children, but is not entitled to Maternity Leave or Adoption Leave:
(i) Short Paid
Parental Leave - an unbroken period of up to one week 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;
(ii) Extended
Parental Leave - for a period not exceeding twelve months, less any short
Parental Leave already taken by the employee as provided for in paragraph (i)
of this sub-clause.
(b) Extended
Parental Leave may commence at any time up to two years from the date of birth
or adoption of the child.
(c) Short Paid
Parental Leave shall be granted for one week at full pay, or two weeks at half
pay. Accrued Recreation (Annual) Leave or Extended (Long Service) Leave may
also be taken for some or all of the period of Extended Parental Leave.
(d) An employee is
not entitled to take Extended Parental Leave at the same time as the employee’s
spouse or partner is on maternity or adoption leave.
(e) An employee
who has been granted Parental Leave may, with the permission of the
Corporation, take such leave:
(i) full-time for
a period not exceeding twelve months;
or
(ii) part-time
over a period not exceeding two years; or
(iii) partly
full-time and partly part-time over a proportionate period.
(f) An employee
who resumes work immediately on the expiration of Parental Leave shall:
(i) if the
position occupied by the employee immediately before the commencement of that
leave still exists - be entitled to be placed in that position; or
(ii) if the
position so occupied by the employee has ceased to exist - be entitled to be
appointed (subject to the availability of other suitable positions) to another
position for which the employee is qualified.
5. Leave Without
Pay
(a) The
Corporation may, subject to such conditions as may from time to time be
determined, grant leave without pay to an employee if good and sufficient reason
is shown.
(b) Leave without
pay may be granted on a full-time or part-time basis.
(c) Where an
employee is granted leave without pay for a period not exceeding ten
consecutive calendar days, pay may be allowed by the Corporation for such days
occurring during that leave as are public holidays throughout the State.
(d) An employee is
not required to exhaust accrued recreation or extended leave before proceeding
on leave without pay, but, if the employee elects to combine all or part of
accrued recreation leave or extended leave (or both) with leave without pay,
paid leave must be taken before leave without pay.
6. Family and
Community Service Leave
(a) General
Family and Community Service Leave is leave which may
be granted by the Corporation to employees (excluding casual employees) for
reasons related to family responsibilities or community service defined in (c)
below.
(b) Entitlement
The maximum amount of Family and Community Service
Leave on full pay, which may be granted to an employee is:
(i) two and a
half working days during the first twelve months of service; or
(ii) five working
days in any period of two years after the completion of twelve months service:
or
(iii) one working
day for each completed year of service after two years' continuous service less
any period of Family and Community Service Leave or Short Leave previously
granted to the employee.
(c) Leave
Circumstances
(i) Employees can
utilise this leave to meet family activities and community service
responsibilities. This could include a
need to respond to an emergency situation, for example:
the illness of a relative;
where a carer is unable to look after a child;
to arrange and/or attend a funeral of a relative; or
where an employee is unable to attend work because of
adverse weather conditions which either prevent attendance or threaten life or
property.
(ii) It could also
be used in the event of some planned absences or where advance notice is given,
for example:
to accompany a relative to a medical appointment where
there is no element of emergency;
parent/ teacher meetings;
Education Week activities;
to meet elder care requirements of a relative.
(iii) Leave for
other family and community service requirements may be granted to employees, at
the discretion of the Chief Executive Officer or delegate, in matters such as
those relating to:
accommodation,
citizenship,
motor vehicle accidents on the way to work,
representing Australia or the State in major amateur
sport (other than in Olympic/Commonwealth Games), and
office holders in local government for attendance at
meetings, conferences or other associated duties.
(d) Exclusions
from Grant
(i) An employee
is not to be granted Family and Community Services Leave in respect of
attendance at court, which is provided for in subclause 20.12 (c).
(e) Other
Considerations
(i) The
definition of "family or relative" for these purposes is:
(a) the spouse or
former spouse of the employee. Spouse includes the employee’s partner in a de
facto relationship. ‘De facto relationship’ has the same meaning as in the Property
Relationships Act 1984 (NSW) and includes same-sex partners.
(b) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including foster parent and legal guardian),
grandparent, grandchild or sibling of the employee; or
(c) a relative of
the employee who is a member of the same household where, for the purposes of this sub clause:
1. 'relative'
means - a person related by blood, marriage, affinity or Aboriginal kinship
structures;
2. 'affinity'
means - the relationship that one spouse or partner has to the relatives of
another;
3. ‘household’
means - a family group living in the same domestic dwelling.
(ii) In 20.6 (b),
Short Leave has the meaning previously given to it in the replaced NSW
Lotteries (Salaries and Conditions of Employment) Award published 5 February
1993 (273 IG 261).
7. Recreation
(Annual) Leave
(a) Recreation
(annual) leave on full pay accrues to employees at the rate of 20 working days
per year.
(b) Subject to the
approval of the Corporation, additional recreation (annual) leave on full pay
accrues to employees indefinitely stationed in the Western or Central Division
of the State at the rate of five working days per year. Each employee
indefinitely stationed in the Western or Central Division has the option of
cashing in the additional five working days leave in December each year.
(c) In this
clause, "Western or Central Division of the State" means the Western
Division or Central Division described in the Second Schedule to the Crown
Lands Consolidation Act 1913.
(d) Shift workers
who are rostered to work on Sundays and/or Public Holidays during the period of
1 December to 30 November, or part thereof, shall be entitled to receive
additional recreation (annual) leave as follows:
Number of ordinary
shifts worked
|
Number of
additional
|
on Sundays and/or
Public
|
days leave
|
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
|
Each shift worker who is granted additional recreation
(annual) leave under this subclause, has the option of cashing in that
additional leave (i.e. 1 to 5 days) in December each year.
(e) Recreation
(annual) leave accrues from month to month only, but for the purpose of
calculating recreation (annual) leave which may be due on cessation of
employment, credit shall be given for periods of service of less than one
month.
(f) Recreation
(annual) leave accrued and not taken by an employee owing to exigencies of the
Corporation or for any other reason the Chief Executive Officer or delegate
considers sufficient, accumulates up to a maximum of 40 working days.
(g) Subject to
this clause, all recreation (annual) leave accruing in excess of 40 working
days is forfeited, except for shift workers who can accrue 50 working days.
(h) The
Corporation may direct an employee to take at such time as is convenient to the
working of the Corporation, recreation (annual) leave accrued, but as far as is
practical the wishes of the employee concerned are to be taken into
consideration in directing the time for the taking of leave. At least two weeks
recreation (annual) leave shall be taken by an employee during each leave year
from 1 December to 30 November in the following year, unless an employee has
insufficient paid leave available.
(i) If the
Corporation is satisfied that an employee is prevented from taking an amount of
recreation (annual) leave sufficient to reduce the accrued leave below 40
working days, the leave accrued in excess of 40 working days shall, if the
Chief Executive Officer or delegate so directs, not be forfeited.
8. Annual Leave
Loading
(a) Employees
shall be entitled to payment of an annual leave loading of 17.5% of the
monetary value of up to four weeks recreation (annual) leave accrued in a leave
year (commencing on 1 December of each year and ends on 30 November of the
following year), subject to the following provisions:
(i) Where
additional recreation (annual) leave is accrued as compensation for work
performed regularly on Sundays and Public Holidays, the annual leave loading
shall be calculated on a maximum of five weeks leave.
(ii) Shift workers
proceeding on recreation (annual) leave are eligible to receive the higher of either:
(a) the shift
premiums and penalty rates, or any other allowances paid on a regular basis in
lieu thereof, which they would have received had they not been on recreation
(annual) leave, or
(b) 17.5% annual
leave loading as provided above.
(iii) In the case
of seven day continuous shift workers, the 17.5% loading shall be calculated on
the basis of 17.5% of five weeks ordinary salary or wages. Seven day shift workers who are entitled to
additional leave or additional payment, shall be paid an annual leave loading
on such additional days, in addition to the normal annual leave loading on four
weeks leave.
(iv) Payment of
annual leave loading shall not be made on any recreation (annual) leave taken
in the first "leave year" of an employee's employment, i.e. from the
date of employment to the following 30 November. The loading on leave accrued in the employee's first "leave
year" of employment shall be paid during the second "leave year"
of employment.
(v) The leave
loading is to be paid on the first occasion in a leave year, other than in the
first leave year, when an employee takes at least two consecutive weeks' leave
for recreation purposes and some of the leave is recreation (annual) leave.
(vi) In the event
that an employee has not taken such a period of leave by 30 November each year,
that employee is to be paid the monetary value of that annual leave loading
based on leave accrued as at 30 November of the previous leave year.
(vii) An employee who
resigns, retires or is terminated, for any reason other than serious and
intentional misconduct, is paid an annual leave loading if the loading would
have been due had the employee proceeded on two consecutive weeks leave.
(viii) No annual leave
loading is payable on resignation or dismissal for misconduct regardless of
whether the recreation (annual) leave to credit is taken as leave or as a lump
sum payment.
(ix) Broken service
does not attract the annual leave loading.
An employee who resigns and is subsequently re-employed, has only that
service from the date of re-employment recognised for annual leave loading
purposes.
(x) Calculation of
the loading is to be based on the ordinary salary rate at the time the leave is
taken. Any new rate granted by award,
agreement, determination, National Wage Case Decision, increment, etc. during
the period of leave is to be taken into account in the calculation of loading,
unless otherwise prescribed. If
necessary, retrospective adjustment of the loading is to be made.
(xi) Where payment
is to be made at 30 November under the provisions of paragraph (vi) of this
subclause, such payment shall be 17.5% of the recreation (annual) leave accrued
as at the previous 30 November but calculated on the current rate of pay and
subject to the provisions of paragraphs (i) to (iii) of this subclause.
(b) Provided
adequate notice is given the annual leave loading will be paid prior to entry
on leave and normally at the same time as the advance of salary.
(c) Except in
cases of voluntary redundancy, proportionate annual leave loading is not
payable on cessation of employment for any reason.
9. Sick Leave
(a) Sick leave on
full pay accrues to an employee at the rate of 15 days each calendar year, and
any such accrued leave which is not taken is cumulative.
(b) Sick leave on
full pay accrues at the beginning of the calendar year, but if an employee is
appointed during a calendar year, sick leave on full pay accrues on the date
the employee commences work at the rate of 1.25 days for each complete month
before the next 1 January.
(c) Sick leave
without pay shall be counted as service for the accrual of further sick leave,
provided such leave shall not be granted during the currency of the sick leave
without pay.
(d) For the
purposes of determining the amount of sick leave accrued where sick leave is
granted on less than full pay, the amount of sick leave granted shall be
converted to its full pay equivalent.
(e) If an employee
who is on recreation (annual) leave or extended (long service) leave furnishes
to the Corporation a satisfactory medical certificate in respect of illness
occurring during that leave, the Corporation may, subject to the provisions of
this part relating to sick leave, grant sick leave to the employee for the
following period:
(i) in the case
of an employee on recreation (annual) leave - the period set out in the medical
certificate;
(ii) in the case
of an employee on extended leave - the period set out in the medical
certificate, except if that period is less than five working days.
(f) Subclause 20.9
(e) applies to all employees other than those on leave prior to resignation or
termination of services, unless the resignation or termination of services
amounts to a retirement.
(g) The
Corporation may grant additional (special) sick leave as outlined in subclause
20.9 (h) to an employee who:
(i) has exhausted
the sick leave entitlement, which may be granted under subclauses 20.9 (a) and
(b);
(ii) has had ten
or more years of service; and
(iii) is absent on
sick leave for a period of at least three months duration.
(h) Special sick
leave may be granted as follows:
Completed Years of
Service
|
No of Working Days
|
10
|
22
|
20
|
44
|
30
|
66
|
40
|
88
|
50
|
110
|
10.
(a) Sick Leave -
Workers’ Compensation
(i) This clause
applies where an employee is, or becomes, unable to attend for work, or to
continues to attend work in circumstances which may give the employee a right
to claim compensation under the Workers Compensation Act 1987.
(ii) If an
employee has made a claim for any such compensation, the employee may, pending
the determination of that claim and subject to the provisions of this Part
relating to sick leave and to subclause 20.10 (a)(iv) and (vii) be granted by
the Corporation sick leave on full pay for which the employee is eligible. If
that claim is accepted the equivalent period of any such sick leave shall be
restored to the credit of the employee.
(iii) An employee
who continues in receipt of compensation after the completion of the period of
26 weeks referred to in section 36 of the Workers Compensation Act 1987
may, subject to the provisions of this Part relating to sick leave and to
subclause 20.10 (a)(vii), be paid an amount representing the difference between
the amount of compensation payable under that Act and the ordinary rate of pay
of the employee. The sick leave equivalent to the amount of the difference so
paid shall be debited against the employee.
(iv) If an employee
referred to in subclause 20.10 (a) notifies the Corporation that he or she does
not intend to make a claim for any such compensation, sick leave on full pay
may be granted by the Corporation.
(v) If an employee,
who is required to submit to a medical examination under the Workers
Compensation Act 1987 in relation to a claim for compensation under that
Act, refuses to submit to or in any way
obstructs any such examination, the employee shall not be granted sick leave on
full pay until that examination has taken place. In addition, a medical certificate shall be given indicating that
the employee is not fit to resume work.
(vi) If as a result
of any such medical examination, a certificate is given under the Workers
Compensation Act 1987 setting out the condition and fitness for employment
of the employee or the kind of employment for which the employee is fit, and
the Corporation makes available to the employee employment falling within the
terms of that certificate and the employee refuses or fails to resume or
perform the employment so provided, all payments in accordance with this clause
shall cease from the date of that refusal or failure.
(vii) Notwithstanding,
subclause 20.10(a)(ii) or (iii), if there is a commutation of weekly payments
of compensation by the payment of a lump sum pursuant to Section 51 of the Workers
Compensation Act 1987, there shall be no further sick leave granted on full
pay.
(b) Sick Leave -
Other Than Workers' Compensation
(i) If the
circumstances of an injury to or illness of an employee may give rise to a
claim for damages or to compensation, other than compensation under the Workers
Compensation Act 1987, sick leave on full pay may be granted to the
employee. This is subject to the completion by the employee of an undertaking,
in a form approved by the Corporation, that any such claim if made will include
a claim for the value of any period of sick leave on full pay granted. In the
event that the employee receives or recovers damages or compensation pursuant
to the claim for loss of salary or wages during any such period of sick leave,
the employee will repay the Corporation such money as is paid by the
Corporation in respect of any such period of sick leave.
(ii) Sick leave on
full pay shall not be granted to an employee who refuses or fails to complete
an undertaking except with the express approval of the Corporation given on the
grounds that the refusal or failure is unavoidable in the circumstances.
(iii) On repayment
made to the Corporation pursuant to an undertaking given by an employee, sick
leave equivalent to that repayment, calculated at the ordinary rate of pay of
the employee, shall be restored to the credit of the employee.
11. Military Leave
(a) The
Corporation may, during the period of twelve months commencing on 1st July each
year, grant to an employee who is a
volunteer part-time member of the Defence Forces, military leave on full pay to
undertake compulsory annual training and to attend schools, classes or courses
of instruction conducted by the staff member’s unit.
(b) The Chief
Executive Officer or delegate may grant up to 24 working days military leave
per year to members of the Naval and Military Reserves and up to 28 working
days per year to members of the Air Force Reserve.
(c) Applications
for military leave shall be accompanied by satisfactory evidence of the
necessity for attendance and at the expiration of military leave the employee
shall furnish to the Corporation a signed certificate of attendance stating the
period for which the member of the Reserves attended.
(d) Any further
leave required in excess of that provided in subclause (b) shall be taken as
recreation (annual) leave or extended (long service) leave credits or taken as
leave without pay.
12. Other Forms Of
Paid Leave
(a) Examination
Leave
(i) Paid leave up
to a maximum of five days in any one year may be granted to an employee, as
defined at subclause 21.1, for the purpose of attending examinations for
courses of study approved by the Corporation, including deferred examinations
and examinations in subjects which are being repeated. This leave can include
any time necessary for travel to or from the place at which the examination is
held.
(ii) Paid leave is
not available where an examination is conducted within the normal class
timetable during the term or semester and Study Time has been granted to the
employee.
(b) Jury Service
(i) An employee
shall, as soon as possible, notify the Corporation of the details of any jury
summons served on the employee.
(ii) An employee
who attends court in answer to a jury summons shall, upon return to work after
discharge from jury service, furnish to the Corporation any certificate of
attendance issued by the Sheriff or by the Registrar of the Court giving
particulars of attendance(s) by the employee and the details of any payment
made to the employee in respect of any such period.
(iii) The
Corporation shall, in respect of any period during which an employee was
required to be at work:
upon receipt of any such certificate of attendance -
grant, in respect of any such period for which the employee has been paid
out-of-pocket expenses only, Paid Leave on full pay; or
in any other case grant at the sole election of the
employee either Recreation (Annual) Leave on full pay; or Leave Without Pay.
(c) Court
Attendance
(i) Employees who
are called as witnesses to court proceedings in relation to their work for the
Corporation, shall be regarded as being at work for those periods they are
necessarily absent from work and shall be reimbursed by the Corporation for any
expenses incurred.
(ii) Employees
subpoenaed or called as witnesses by the Crown (whether in the right of the
State or of the Commonwealth in a private capacity) are to be granted paid
leave for the period they are necessarily absent from work. Such employees
shall pay the Corporation all monies paid to them as witnesses, other than
moneys paid as a reimbursement of necessary expenses incurred by them as a
result of being subpoenaed or called as a witness.
(iii) Employees
subpoenaed or called as witnesses in their private capacity other than by the
Crown (whether in the right of the State or the Commonwealth) are to be granted
leave without pay for the period they are necessarily absent from work. If they
wish, however, they may take recreation (annual) leave to credit to offset
their absence from work and may retain moneys paid to them as witnesses.
(d) Traffic
Offences Occurring in the Course of Employment
(i) Paid leave
shall be granted for the period necessary to attend court where an employee has
been charged with a traffic offence while driving in the course of work and is
acquitted. Where that employee is
charged with a traffic offence and the charge is found proven, recreation
(annual) leave to credit and/or leave without pay is to be granted at the
election of the employee.
(ii) Where an
employee is a witness and gives evidence regarding a traffic offence alleged to
have been committed by another in the course of the latter's work, paid leave
is to be granted to that witness for the period necessary to attend court.
(e) Emergency
Service Leave
(i) Where an
employee is a volunteer member of an approved organisation, up to five days
paid leave in any period of twelve months may be granted when called upon to
assist as a volunteer of one of these organisations.
(ii) Where an
emergency is declared under Section 44 of the Rural Fires Act, 1997, or under
other relevant legislation or by the Premier, employees who volunteer to assist
in the emergency are to be granted paid leave with no upper limit to the leave
which may be granted. Leave granted
during declared emergencies is not to count towards the five day upper limit
specified in this sub-clause.
(iii) An
application for leave must be accompanied by a statement from the local or
Divisional Controller, the Fire Controller, Deputy Fire Controller or the
Police, certifying the times of attendance. The leave application should
indicate the period and area of attendance together with the name of the
organisation to which the volunteer member belonged.
(iv) Where an
employee remains on emergency work for several days, the Corporation may grant paid
leave to allow the employee reasonable time for rest before returning to normal
duties. Where an employee does not remain on emergency work for several days
but assists in a rescue at such time as it would be unreasonable to expect the
employee to report for work at normal time, then up to one day’s paid leave for
rest purposes may be granted. In the case of an emergency other than a declared
emergency, this leave is to be included in the general limit of five days in
any period of twelve months.
(v) Paid leave
shall be granted to employees who are nominated by a recognised organisation,
to attend courses approved by State Emergency Services or the Rural Fire
Service.
(f) Trade Union
Activities
Paid leave shall be granted up to a maximum of twelve days
in any period of two years to an employee to attend courses or seminars,
conducted by the Trade Union Education Foundation or the employee’s union, or a
training provider nominated by the employee’s union, and is subject to the
following conditions:
(i) that
operating requirements of the division/ branch permit the grant of leave and
the employee's absence does not require the employment of relief staff;
(ii) leave granted
for this purpose will count as service for all purposes;
(iii) all
travelling and associated expenses being met by the employee or their union;.
(iv) attendance
being confirmed in writing by the employee’s union or the nominated training
provider.
(g) Attendance at
union annual conference
Paid Leave is available to an employee, accredited by a
union as a delegate, to attend the annual conference of the employee's union in
accordance with the guidelines applying to NSW Public Servants from time to
time.
(h) Ex- Armed
Services Personnel
Up to six and a half working day’s paid leave is
available to former armed services personnel, in any period of 12 months, for
the purposes of:
attending a hospital or medical practitioner for
review,
periodic examination of a war caused disability,
obtaining, replacing or having repaired an artificial
limb, prosthesis or surgical appliance; or
attending the Department of Veterans’ Affairs in
connection with claims made for military pensions.
(i) Attendance at
Graduation & Academic Ceremonies
(i) Paid leave of
up to a half day shall be available, subject to the Corporation' convenience,
to an employee who has completed a tertiary course of study to attend the
ceremony at which the degree, diploma or certificate is conferred.
(ii) Paid leave of
up to a half day may be granted by the Corporation, for employees to attend
ceremonies at which they receive awards for outstanding academic work.
(j) Blood donors
Employees may be granted paid leave to give blood, with
such leave being restricted to the time reasonably necessary.
(k) Bone Marrow
Donors
Paid leave may be granted up to a maximum of five days
in any period of twelve months to an employee, who is listed on the Australian
Bone Marrow Donor Registry and is called upon to donate.
(l) Attendance at
Retirement Preparation Seminars
Employees invited to attend retirement preparation
seminars may be granted paid leave of up to two days to attend such seminars
when conducted by the Superannuation Administration Corporation.
(m) Professional or
Learned Society Meetings within Australia
Employees who are financial members of professional or
learned societies may apply for leave to attend meetings in Australia of those
societies.
Up to five days paid leave for attendance at and
travelling to and from the conference may be granted provided:
it is in the interest of the Corporation for the person
to attend;
the matters to be dealt with are directly associated
with the work of the Corporation;
it is convenient to the Corporation for that person to
be absent from work;
the full details of the proposed itinerary are
submitted; and
the employee has not been granted leave for similar
purposes during the previous twelve months.
(n) Olympic and
Commonwealth Games
Employees who are selected to represent Australia as
competitors or officials at either the Olympic or Commonwealth Games, may be
granted paid leave for the period of such Games. The same concessions may be
applied to competitors or officials taking part in the equivalent Games for the
disabled.
(o) National
Aborigines and Torres Strait Islander Day
An employee who identifies as an Aborigine or Torres
Strait Islander may be granted up to one day’s paid leave to enable the
employee to participate in National Day celebrations.
(p) First-aid
Officers - Training or Re Training
Paid leave is available for attendance at courses
conducted to train/re train first-aid officers in order to meet the needs of
the Corporation. In such cases, the
cost of the course may be met from the Corporation' funds provided that the
employee is nominated by the Corporation to attend the course.
13. Concessional
Leave
(a) The
Corporation shall grant to employees, a half-day's concessional leave to be
taken on either Christmas Eve or New Year's Eve.
(b) The following
provisions shall apply in respect of such leave:
(i) To be
eligible to receive the concession, employees must be at work in the morning
and must work at least a half-day. In
this context, a half-day means half the minimum daily contract hours for the
appropriate category of staff;
(ii) Employees who
are on leave on the concessional leave day are not entitled to claim a
half-day's credit as concessional leave; and
(iii) Employees who
are directed to remain at work for the full day shall be granted time off equal
to one half-day, such leave to be taken at the Corporation’s convenience before
31 March each year in respect of the Christmas concession.
14. Personal/Carer's
Leave
(a) When Family
and Community Service Leave as prescribed at subclause 20.6, either has been
exhausted or does not apply, then Personal/ Carer's Leave may be granted in the
following form:
(i) An employee
who is responsible for the care and support of a family member as defined in
subclause 20.14(b) may be granted sick leave available from their current
year's annual sick leave entitlement, minus any sick leave already taken. In
addition to the current year's grant of available sick leave, sick leave that
accrued from service in the previous 3 years may also be accessed.
In special circumstances, the Chief Executive Officer
may grant sick leave that accrued during service in the period prior to the 3
years referred to above. These special circumstances do not include a staff
member's intention to take all or most of their accrued sick leave in order to
provide full time care to a sick family member for a prolonged period or for an
indefinite period of time.
(ii) The employee
shall establish, either by production of a medical certificate or statutory
declaration, the illness of the person concerned and that illness is such as to
require care by another person. In normal circumstances, an employee must not
take carer's leave under this subclause where another person has taken leave to
care for the same person.
(b) The
entitlement to use Sick Leave in accordance with this subclause is subject to
the person concerned being:
the spouse or former spouse of the employee. Spouse includes the employee’s partner in a
de facto relationship. ‘De facto relationship’ has the same meaning as in the Property
Relationships Act 1984 (NSW) and includes same-sex partners.
a child or an adult child (including an adopted child,
a step child, a foster child or an ex nuptial child) of that employee;
parent (including foster parent and legal guardian) of
the employee;
grandparent or grandchild of the employee;
sibling (including the sibling of a spouse or de facto
spouse) of the employee;
relative who is a member of the same household as the
employee where, for the purposes of this definition:
1. "relative"
means - a person related by blood, marriage, affinity or Aboriginal kinship
structures;
2. "affinity"
means - a relationship that one spouse or partner has to the relatives of the
other another;
3. "household"
means - a family group living in the same domestic dwelling.
(c) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of the absence.
(d) Unpaid Leave
for Family Purposes
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in subclause 20.14(b) above who is ill.
(e) Recreation
(Annual) Leave
An employee may elect to take recreation (annual) leave
in multiples of one hour pursuant to subclause 20.7 of the Award for the
purpose of providing care and support to a member of a class of person set out
in above who is ill.
(f) Time Off in
Lieu of Payment for Overtime
(i) For the
purpose only of providing care and support for a person in accordance with
subclause 20.14(b) above, and despite the overtime provision of this Award, the
following provisions shall apply.
(ii) Overtime
taken as time off during ordinary hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(iii) If, having
elected to take time off as leave in accordance with subclause 20.14(f)(ii)
above, the leave is not taken for whatever reason, payment for time accrued at
overtime rates shall be made at the expiry of the twelve month period or on
termination.
(iv) Where no
election is made in accordance with subclause 20.14(f)(ii) the employee shall
be paid overtime rates in accordance with Award.
(g) Make-up Time
(i) An employee
may elect, with the consent of the employer, to work make-up time, under which
the employee takes time off ordinary hours and works those hours at a later
time, during the spread of ordinary hours provided in the Award, at the
ordinary rate of pay.
(ii) An employee on
shift work may elect, with the consent of the employer, to work make-up time
(under which the employee takes time off ordinary hours and works those hours
at a later time). At the shift work rate which would have been applicable to
the hours taken off.
(h) Rostered Days
Off
(i) The following
will apply only to those employees working under a rostered shift work
arrangement in which time worked during each shift is accrued towards the
taking of a Rostered Day Off.
(a) For the
purpose only of providing care and support for a person in accordance with
subclause 20.14(b) above, an employee may elect, with the consent of the
employer, to take a rostered day off on a day other than the usual rostered day
off.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer,
to accrue some or all rostered days off for the purpose of creating a
bank to be drawn upon at a time mutually agreed between the employer and the
employee, or subject to reasonable notice by the employee or the employer.
15. Extended (Long
Service) Leave
(a) Subject to
this clause, an employee is entitled:
(i) after service
of seven years, to leave of 30.8 days on full pay or 61.6 days on half pay; and
(ii) after service
of seven years to ten years, to:
leave as provided by subclause 20.15 (a)(i); and
in addition, an amount of leave proportionate to the
employee's length of service after seven years, calculated on the basis of two
months (44 days) for ten years on full pay or four months (88 days) on half pay
(iii) after service
in excess of ten years, to:
leave as provided by subclause 20.15 (a)(i); and
in addition, an amount of leave proportionate to the
employee's length of service after ten years, calculated on the basis of five
months on full pay, or ten months on half pay, for ten years served after
service for ten years.
Extended leave shall be taken at a time mutually
convenient to NSW Lotteries and the employee in minimum periods of five working
days (or 4 shifts for 12 hour shift workers), except when an employee has
exhausted their paid sick leave entitlement.
(c) Double Pay
Extended Leave
An employee with an entitlement to extended leave may
elect to take leave at double pay. The additional payment will be made as a
non-superable taxable allowance payable for the period of the absence from
work. The employee’s leave balance will be debited for the actual period of the
absence from work and an equivalent number of days as are necessary to pay the
allowance.
Superannuation contributions will only be made on the
basis of the actual absence from work, ie at the single time rate.
Where an employee elects to take extended leave at
double pay, a minimum period of one week must be taken, i.e. one week leave
utilising two weeks of accrued leave.
(d) Extended Leave
to count as service
Extended leave taken on full pay counts as service for
all purposes.
Extended leave taken on double pay counts as service at
the single time rate for all purposes.
Extended leave taken on half pay counts as service for
all purposes except for recreation leave.
(e) Public
Holidays during Extended Leave
Public holidays that fall whilst an employee is on a
period of extended leave will be paid and not debited from an employee’s leave
entitlement.
In respect of public holidays that fall during a period
of double pay extended leave an employee will not be debited in respect of the
leave on a public holiday. The employee’s leave balance however will be reduced
by an additional day to fund the non-superable taxable allowance.
(f) For the
purpose of calculating the entitlement of an employee to extended (long
service) leave under this clause at any time:
(i) service
referred to in this clause includes service before the commencement of this
Award; and
(ii) there must be
deducted from the amount of extended (long service) leave to which, but for
this paragraph, that employee would be entitled:
any extended (long service) leave, or leave in the nature
of extended leave; and
the equivalent, in extended (long service) leave, of
any benefit instead of extended leave or leave in the nature of extended leave,
taken or received by that employee before that time,
including any such leave taken, or benefit received, by that person in
accordance with the Public Service (Amendment) Act 1919 as in force at
any time; and
(iii) the
provisions of the Transferred Officers Extended Leave Act 1961 have effect.
(g) Nothing in
subclause 20.15 (f) shall be regarded as authorising, in respect of the same
period of leave taken or the same benefit received, a deduction under both
subclause 20.15 (f) (ii) and Section 3 (7) of the Transferred Officers Extended
Leave Act 1961.
(h) If the
services of an employee with at least five years service and less than seven
years service are terminated:
(i) by the
Corporation for any reason other than the employee's serious and intentional
misconduct; or
(ii) by the
employee on account of illness, incapacity or domestic or other pressing
necessity;
then the employee is entitled:
(iii) for five
years service, to one month's leave on full pay; and
(iv) for service
after five years, to a proportionate amount of leave on full pay calculated on
the basis of 30.8 days leave for seven years service.
(i) For the
purposes of subclause 20.15 (a), "service" includes:
(i) service under
the Teaching Service Act 1970; and
(ii) any period of
leave without pay taken before the commencement of the Public Service and
Other Statutory Bodies (Extended Leave) Amendment Act 1963; and
(iii) in the case
of an employee who has completed at least ten years service - any period of
leave without pay not exceeding six months, taken after that commencement.
(j) In subclause
20.15(i) (iii), for the purpose of determining whether or not an employee has
completed at least seven years service, the employee's period of service shall
be taken:
(i) to include
any period of leave without pay taken before the commencement of the Public
Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963; and
(ii) to exclude
any period of leave without pay taken after the commencement.
(k) For the
purposes of subclause 20.15 (h), "service" does not include any
period of leave without pay whether taken before or after the commencement of
the Public Service and Other Statutory Bodies (Extended Leave) Amendment
Act, 1963.
(l)
(i) An employee
who has acquired a right to extended leave with pay under subclause 20.15(a) is
entitled, immediately on the termination of the employee's services, to be paid
instead of that leave the money value of the extended leave as a gratuity in
addition to any gratuity to which the employee may be otherwise entitled;
(ii) any pension
to which such employee is entitled under the Superannuation Act 1916
commences from and including the date on which the employee's extended ( long
service ) leave if taken, would have commenced.
(m) If an employee
has acquired a right under this clause to extended leave with pay and dies
before starting it, or after starting it dies before which it:
(i) the widow or
widower of the employee; or
(ii) if there is
no such widow or widower, the children of the employee; or
(iii) if there is
no such widow, widower or children, the person who, in the opinion of the
Corporation was, at the time of the employee's death, a dependent relative of
the employee;
is entitled to receive the money value of the leave not
taken, or not completed, computed at the rate of salary that the employee
received at the time of his or her death, less any amount paid to the employee
in respect of the leave taken or not completed.
(n) If an employee
with at least five years service and less than seven years service as referred
to in subclause 20.15 (h) dies:
(i) the widow or
widower of the employee; or
(ii) if there is
no such widow or widower, the children of the employee; or
(iii) if there is
no such widow, widower or children, the person who, in the opinion of the
Corporation, was, at the time of the death of the employee, a dependent
relative of the employee;
is entitled to receive the money value of the leave
which would have accrued to the employee had his or her services terminated as
referred to in subclause 20.15 (h), computed at the rate of salary that the
employee was receiving at the time of his or her death.
(o) If there is a
guardian of any children entitled under subclause 20.15 (m) or 20.15 (n), the
payment to which those children are entitled may be made to that guardian for
their maintenance, education and advancement.
(p) If there is no
person entitled under subclause 20.15 (m) or 20.15 (n) to receive the money
value of any leave not taken or not completed by an employee or which would
have accrued to an employee, payment in respect of that leave must be made to the
employee's personal representatives.
(q) Any payment
under this clause is in addition to any payment due under any Act under which
superannuation benefits are paid.
(r) If payment of
the money value of leave has been made under this Award, the Corporation ceases
to be liable for payment of any amount in respect of that leave.
21. Time Off for
External Study
1. The following
definitions apply in this clause 21:
"Accrual" shall mean - the aggregation of
study time granted for private purposes, by foregoing taking time off each
week.
"Accumulation" shall mean - the aggregation
of short periods of study time granted for private study purposes.
"Approved Course" shall mean - a course
approved by the Corporation.
"Employee" means - a permanent full-time or
part-time employee who has successfully completed their probationary period
pursuant to subclause 23.5(b), but excludes all other categories of employees,
namely full-time and part-time employees on probation, temporary employees and
casual employees.
"Part-time Course" shall mean - a course
undertaken concurrently with employment and shall include courses involving
face to face or oral instruction and those conducted externally to the
institution through correspondence study.
2. "STUDY
ASSISTANCE" is available as:
(a) "Study
Time" shall mean - time allowed off from work granted on full pay, to
permanent employees who are studying in approved part-time courses relevant to
the Corporation.
(b) "Examination
Leave" shall be granted as paid leave on full pay, up to a maximum of five
days in any period of 12 months for courses of study (either by face-to-face
classes or by correspondence) which are approved in accordance with this
clause.
The period granted is to include:
(i) time actually
involved in the examination;
(ii) necessary
travelling time;
but is limited to a maximum of five days in any one
year and is not available where an examination is conducted within the normal
class timetable during the term/semester, and study time has been granted to
the candidate. It may be granted for
deferred examinations, and in respect of repeat studies.
but is not available where an examination is conducted
within the normal class timetable during the term/semester and study time has
been granted for the permanent employee.
3. General
Conditions for the Granting of Study Time
(a) Study time is
available to both full and part time employees. Part time employees shall be
entitled to a pro rata allocation of study time to that of a full time
employee.
Study time may be granted at full pay to employees who
are studying on a part-time basis. It
is not to be granted to an employee to attend a course organised essentially
for full-time students, or which, in later stages, requires full-time
attendance.
(b) In determining
whether it is convenient to grant study time, the Corporation will consider:
(i) the number
and length of proposed absences, whether for attendance at classes or private
study;
(ii) any proposal
to combine study time with other leave to increase length of absence;
(iii) any proposal
for how and when any additional study time will be made up.
(c) Supervisors/Managers
must ensure that:
(i) an adequate
level of service is maintained;
(ii) additional
leave is made up effectively; and
(iii) any study
time arrangements are adequately supervised.
(d) The Chief
Executive Officer or delegate has the power to grant or refuse study time. Any
refusals are to be dealt with in accordance with the Grievance and Dispute
Resolution Procedures at Clause 34.
4. Use Of Study
Time
Study time may be used for:
(a) attending
compulsory lectures, tutorials, residential schools, field days etc, where
these are held during working hours; and/or
(b) necessary
travel during working hours to attend lectures, tutorials etc., held during or
outside working hours; and/or
(c) private study;
and/or
(d) accumulation,
as set out in subclause 21.11.
5. Methods of
Taking Study Time
Employees requiring study time must nominate the
type(s) of study time preferred at the time of application and prior to the
proposed commencement of the academic period.
Face-to-Face
Employees may elect to take weekly and/or accrued study
time, subject to the provisions for its grant.
Correspondence
Employees may elect to take weekly and/or accrued study
time, or time off to attend compulsory residential schools, subject to the
stated conditions.
6. Study Time
Not Taken
Study time is an expendable grant, which if not used at
the nominated time, is lost. In an
emergency situation an employee may have to forego their normal study time. In
these circumstances, and if convenient to the Corporation, the time may be
granted on another day in the same week.
7. Refusal of
Study Time Application
(a) Where an
application for study time is refused:
(i) this advice
must be given to the employee so that the employee has sufficient time to
consider alternatives;
(ii) counselling
must be available to assist an employee in considering alternatives; and
(iii) the reasons
for refusal must be clearly and promptly stated, in writing, to the employee.
(b) Where study
time has been refused, an employee has the opportunity for prompt review of the
refusal, and the Corporation's Grievance and Dispute Resolution Procedures
shall apply.
8. Courses
Eligible for Study Time
Approved courses for which Study Time, as defined at
subclause 21.2 (a), is approved shall meet the following criteria:
(a)
(i) lead to a
recognised qualification; or
(ii) be a TAFE
special course; or
(iii) be a
bridging/qualifying course; or
(iv) be an
incidental subject which forms part of a course for which study time would be
available.
(b)
(i) be
administered by a public institution;
(ii) be accredited
by the Higher Education Unit of the Ministry of Education and Youth Affairs; or
(iii) lead to
membership of a registered professional organisation;
(iv) be able to be
taken on a part-time basis.
(c) Study time may
be granted for more than one course at the same time, provided that the two
courses together result in a part-time load. Regardless of the number of
courses studied at one time, the maximum grant remains four hours per week.
9. Calculation
of Study Time Grant
(a) Half an hour
is granted for every hour of class attendance required, up to a maximum grant
of four hours per week, which is not required to be made up.
(b) Where there
are block attendance requirements or field days, the grant is calculated by:
(i) totalling the
attendance requirement, in hours, for the semester;
(ii) dividing this
amount by two;
(iii) dividing this
by the number of weeks in the semester that lectures are held; and
(iv) this amount, or
four hours, whichever is the lesser, is the weekly amount granted.
10. Making Up
Excess Time Off
(a) Study time up
to four hours per week is not required to be made up. However, hours in excess of four, and up to a maximum of five
additional hours in any one week, must be made up.
(b) In the case of
repeated subjects all time must be made up, subject to the provisions of subclause 21.13.
(c) Time must be
made up during the week concerned or later if approved by the Corporation.
(d) Time off is
not to be made up during the lunch break.
(e) Study time to
be made up (i.e. in excess of four hours per week) may be made up either in
advance or in retrospect. Where flexible working hours apply, the time must be
made up within the framework of Clause 9 of this Award.
11. Accumulation
(a) Employees may
choose to accumulate part or all of their study time.
(b) Accumulated
study time may be taken in any manner or at any time.
(c) Employees on
rotating shifts may accumulate study time so that they can take study time for
a full shift, where this would be more convenient to both the employee and the
Corporation.
(d) Employees
attempting courses, which provide for annual examinations, may vary their
election as to accrual, made at the commencement of an academic year, effective
from 1 July in that year.
Accordingly, an employee may elect to accrue study time
at the start of an academic year and may then vary this election as at 1st July
so as to take weekly study time for the remainder of the year and vice versa.
Where an employee commences employment after the commencement of the academic
year, weekly study time may be granted with the option of electing to accrue
study time from 1st July in the year of entry on duty or from the next academic
year, whichever is the sooner. Employees studying in semester based courses may
vary their election as to accrual or otherwise from semester to semester.
12. Correspondence
Courses
(a) Correspondence
students are granted study time in the manner outlined in subclause 21.9, ie,
half an hour for each hour of lecture/tutorial attendance involved in the
corresponding face-to-face course, up to a maximum grant of four hours per
week. Where there is no corresponding
face-to-face course, the institution should be asked to indicate what the
attendance requirements would be if such a course existed.
(b) Correspondence
students may accumulate their study time as outlined in subclause 21.11 in
order to cover any compulsory residential schools.
(c) Subject to the
provisions of subclause 21.11 study time is available for any one subject
studied by correspondence for only one academic year.
13. Repeat
Subjects
Ordinarily study time will not be granted to an
employee for repeat subjects unless evidence can be provided that the failure
was caused by circumstances beyond his/her control, such as sickness, domestic
circumstances, or excessive demands on his/her work responsibilities.
14. Courses
Involving Research and Thesis
(a) Block periods
of study time may be granted to employees in relation to the research and
thesis component of:
(i) higher
degrees;
(ii) qualifying
studies for admission to higher degrees; or
(iii) honours studies.
(b) These block
periods may be granted on the following basis:
(i) where a
course at any level involves a thesis or major project as well as course work,
the usual study time would be granted for the course work, and ten days study
time for the thesis/major project component;
(ii) for
qualifying studies entirely by thesis the grant is ten days;
(iii) for masters
degree studies by research and thesis only, the total grant is:
25 days for courses of two years minimum duration;
35 days for courses of three years minimum duration;
and
for doctoral studies, the total grant for the course of
45 days.
15. Examination
Leave
Examination Leave of up to maximum of five days in any
year may be granted to an employee for the purpose of attending examinations
for an approved course of study pursuant to subclause 20.12(a).
22. Staff Development
and Training Activities
1. Definition
For the purpose of this part, the following are
regarded as staff development and training "activities":
(a) all staff
development courses either conducted by, or on behalf of the Corporation;
(b) short
educational and training courses conducted by generally recognised public or
private educational bodies; and
(c) conferences,
conventions, seminars, or similar activities conducted by professional, learned
or other generally recognised societies, including Federal or State Government
bodies.
The above definition does NOT include the following:
activities for which Study Time or Examination Leave
are appropriate;
activities where other provisions in this Award apply
(e.g., courses conducted or supported by Trade Unions); and
activities which are of no specific relevance to the
Corporation.
2. Types Of
Activities
The activities defined above can be grouped into two
types:
(a) Activities
considered by the Corporation to be both essential for the efficient operation
of the organisation and developmental for employees. Such training activities would include the courses, which are
directly related to the work of employees and seen as essential for the
employees to perform their work.
(b) Activities
considered principally of benefit to the employee and indirectly of benefit to
the Corporation.
Attendance of employees at conferences or professional
societies, or a series of lectures conducted by an educational institution, are
examples of such activities.
3. Attendance At
Work
Attendance of employees at activities described in
subclauses 22.2 (a) would be regarded as being at work. This means that where employees attended
such an activity during normal working hours, they would be regarded as being
at work for the purposes of payment of salary.
4. Conditions
for Activities Considered Essential for the Efficient Operation of the
Corporation
Because the activities described in subclause 22.2 (a)
are seen as essential, it is clear that employees would be entitled to
conditions contained in this Award on the basis that the employees are
performing their normal duties. These conditions would include:
(i) regarding the
time of attendance at the course as normal work time;
(ii) adjustment
for the hours so worked under flexible working hours;
(iii) payment of
course fees;
(iv) payment of all
actual necessary expenses or payment of allowances in accordance with this
Award, provided that the expenses involved do not form part of the course; and
(v) payment of
overtime where the activity could not be conducted during the employee's normal
hours and the Corporation is satisfied that the approval to attend constitutes
a direction to work overtime under Clause 11 of this Award.
(vi) Conditions for
activities considered being principally of benefit to the employee and
indirectly of benefit to the Corporation.
The activities described in subclause 22.2(b) would be
attended by an employee through the grant of Paid Leave, up to a maximum of
five days.
(vii) Higher Duties
Allowance
Payment of a higher duties allowance is to continue to
be paid where the employee attends the activity in accordance with subclause
22.3.
23. Recruitment,
Selection and Appointment
1. Definition:
The following definition applies in this clause:
"Continuing (Permanent) employee" means a
full-time or part-time employee as defined in subclause 9.2 but excludes
temporary and casual employees.
2. Recruitment
And Selection
(a) Filling of
Vacant Positions
If a vacancy exists in a position and the Chief
Executive Officer or delegate decides that it is appropriate to fill the
vacancy, the position may be filled:
(i) by the
appointment, by way of transfer or promotion, of a permanent employee; or
(ii) in accordance
with Clause 26 Redeployment and Priority Placement
(iii) by the
appointment of a person who, immediately before his or her appointment, was not
a permanent employee.
(b) Advertising
Vacant Position
(i) If it is
proposed to make a permanent appointment to a vacant position, the vacancy
shall be advertised by circular within the Corporation and in any other
publication (if any) as the Chief Executive Officer or delegate determines.
(ii) The Chief
Executive Officer may dispense with the requirement to advertise a vacancy.
(c) Selection to
be on Merit
(i) the
Corporation shall, for the purpose of determining the merit of the persons
eligible for appointment to a vacant position, have regard to:
(a) the nature of
the duties of the position; and
(b) the abilities,
qualifications, experience, standard of work performance and personal qualities
of those persons that are relevant to the performance of those duties.
(ii) In deciding
on the appointment of a person to a vacant position which has been advertised:
(a) the
Corporation may only select a person who has duly applied for appointment to
the vacant position; and
(b) the
Corporation must, from among the applicants eligible for appointment to the
vacant position, select the applicant who has, in the opinion of the
Corporation, the greatest merit.
(iii) In deciding
to appoint a person to a vacant position, which has not been advertised:
(a) the
Corporation may only select a permanent employee;
(b) the
Corporation must, from among the employees eligible for appointment, select the
employee who has, in the opinion of the Corporation, the greatest merit.
(iv) Unless
otherwise determined by the Chief Executive Officer, a selection committee
shall be established to assess the merit of applicants for appointment to a
vacant position.
(v) A selection
committee shall, as far as practicable, consist of:
(a) at least three
persons;
(b) at least one
person who holds a position in a division external to the division in which the
advertised position is located, or an
external independent;
(c) at least one
male and one female member;
(d) at least one
person from an EEO group, where the nature of the position or the applicants is
such that a number of applicants is expected from these sections of the
community.
(vi) A selection
committee shall be constituted so as to ensure the fairest consideration of all
applicants.
(vii) A selection
committee shall, as far as practicable, deal with each applicant in a similar
fashion, but the committee is not required to grant an interview to all
applicants.
(viii) Nothing in
this clause requires the Chief Executive Officer or delegate to adopt any
recommendation made by a selection committee in relation to the filling of a
vacancy.
3. Eligibility
Lists
(a) Where
interviews for an advertised vacant position or positions have been held, an
eligibility list may be established.
Such a list operates in respect of the vacancy, or vacancies, indicated
in the advertisement but may also be used to subsequently fill identical or
similar vacant positions not specified in the original advertisement.
(b) An eligibility
list remains current for six months from the date of approval of the
recommendation of the selection committee.
(c) Candidates
placed on the eligibility list are ranked in order of merit.
(d) The Chief
Executive Officer or delegate may either use an eligibility list to fill a
position or require a new selection process to be undertaken or take other
administrative action.
4. Commencing
Rates of Pay
The Chief Executive Officer or delegate may approve
commencing rates of pay for appointees as follows:
(a) In the case of
an external applicant or a current temporary employee:
(i) at the
minimum rate for the position; or
(ii) at any
existing salary point within the salary range for the position, having regard
to:
the applicant's skills, experience and qualifications;
and
the rate of pay required to attract the applicant; and
the remuneration of existing staff performing similar
work.
(b) in the case of
an internal applicant (who is a permanent employee) only, where the current
salary is within the range of the new position, salary upon transfer/ promotion
shall be determined in the following way:
(i) if the employee's
present rate coincides with a step on the salary range for the new position and
the employee has been on that rate for less than twelve months, the employee
will transfer at the same salary and retain the existing incremental date; or
if the employee has been on that rate for more than twelve months, the employee
will transfer with a commencing salary at the next step on the new salary range
with the incremental date changing to the date of appointment to the new
position.
(ii) if the
employee's present salary does not coincide with a step on the salary range for
the new position, the employee's commencing salary on the new salary range will
be that rate immediately above the present salary. The employee's incremental
date will change to the date of appointment to the new position.
(c) relevant
experience in a voluntary or unpaid capacity should be taken into account in
assessing a commencing rate to be offered to a successful applicant in a
similar way that such experience is considered during the selection process.
5. Appointment
(a) Offer of
employment
An offer letter will be provided to each successful
applicant which will detail the proposed commencing salary within the specified
salary range for the position and make reference to the main conditions of
employment set out in Clause 8 and elsewhere in this Award.
(b) Probation
An individual permanently employed in a position, who
was not a permanent employee immediately prior to recruitment shall be required
to serve a probationary period of six months.
The Chief Executive Officer or delegate may:
(i) dispense with
the requirement for a probationary period;
(ii) extend a
probationary period up to the maximum period of two years; or
(iii) annul the
appointment of a person on probation.
(c) Medical -
Fitness for Appointment
Before the expiry of an employee's probationary period,
the Corporation shall require the employee to undergo a medical examination to
be conducted by the Corporation’s contracted medical provider for the purpose
of determining the employee's fitness to carry out the duties of the position.
24. Sickness -
Medical Examination
1. If the
Corporation has reason to believe that the health of an employee:
(a) may render the
employee a danger to other employees or to the public; or
(b) is likely to
be seriously affected by the employee remaining at work or, if the employee is
absent from work, by the employee resuming work,
the Corporation may direct the employee to submit to a
medical examination to be conducted by the Corporation’s contracted health
provider.
2. If the
Corporation has issued any such direction to an employee, the employee:
(a) must, if at
work, cease work immediately; and
(b) must not
resume work until the completion of the medical examination concerned unless:
(i) the
concurrence of the Corporation’s contracted health provider is first obtained;
or
(ii) a certificate
is furnished by a medical practitioner that the employee is fit to resume work.
3. The
Corporation shall, on receipt of a medical assessment from the Corporation’s
contracted health provider that an employee is:
(a) fit to
continue work in the Corporation - direct, in writing, that employee, if absent
from work, to return to work; or
(b) unfit to
continue work in the Corporation -direct, in writing, that employee:
(i) if at work -
to cease work immediately; or
(ii) if absent
from work - not to resume work.
4. If a
direction has been given to an employee under subclause 24.3 (a), the nature of
the leave, if any, to be granted to the employee during the absence from work
shall be determined by the Corporation after consideration of any relevant
advice from the Corporation’s contracted health provider.
5. An employee
to whom a direction has been given under subclause 23.3 (b) shall not resume
work unless the Corporation, on the advice of the Corporation’s contracted
health provider, so approves in writing.
25. Managing
Workplace Change
1. Preliminary
Consideration of Workplace Change
(a) The term
‘consultation’ is understood as a process of seeking and giving information and
advice, participating in discussions and expressing views to contribute, in a
timely fashion, to decision making.
Proposals for change will be developed through the consultation process.
(b) The parties
accept that from time to time there will be discussion of issues that may or
may not lead to workplace change prior to the development of a specific change
proposal.
(c) The parties
agree to an ongoing consultation process involving management and employees of
the Corporation and the Association regarding any proposed restructuring of a
division, branch or work unit and/or the introduction of organisational change,
including technological change.
(d) It is
recognised that the above parties can contribute valuable ideas in the process
of restructuring and organisational change. At the same time it is acknowledged
that management is responsible for the final decision on the introduction of
new working arrangements.
(e) When these
discussions appear likely to lead to the development of a specific change
proposal, such discussions will involve all employees who are directly affected
as soon as possible. An employee will be considered to be directly affected
when the proposed change is likely to have an impact on that employee’s work
practices, working conditions, employment or career prospects.
(f) The parties
agree that at no stage shall the consultative process be used as a basis to
delay the introduction of workplace change.
2. Change
Proposals
(a) The
Corporation will issue documentation on the Change Proposal to directly
affected employees and the Association if it is anticipated that one or more of
the following will occur:
(i) The
relocation of employees;
(ii) A reduction
in the number of positions or loss of jobs;
(iii) The
introduction of significant technological change;
(iv) outsourcing; or
(v) a change in
work practices.
(b) The Change
Proposal will address the following:
(i) the
nature of the change proposed;
(ii) reasons
for making the change including organisational benefits;
(iii) any
anticipated reduction in positions or loss of jobs;
(iv) existing
and proposed organisational charts;
(v) any
proposed changes to work practices;
(vi) proposed
position descriptions to affected employees;
(vii) broad
workflow implications;
(viii) any
OH&S implications;
(ix) where
it can be identified, the training requirements of employees.
(c) The
Corporation will arrange a meeting of directly affected employees to discuss
the change proposal. A workplace delegate of the Association will be invited to
attend.
(d) The change
proposal documentation will be issued to directly affected employees and the
Association at least ten (10) working days prior to the meeting referred to in
subclause 25.2 (c).
(e) Immediately
following the meeting referred to in subclause 25.2 (c), representatives of the
Association will be able to meet briefly with directly affected members to
discuss the change proposal.
(f) Following the
meeting referred to in subclause 25.2 (c), employees and the Association will
be given fifteen (15) working days to provide feedback, present alternatives
and/or submit a written response to the change proposal.
(g) Where there is
potential for the loss of positions, the Corporation will consult with the
Association and with employees likely to be affected, on ways to avert
potential job loss, or measures to minimise the adverse effects of job loss.
3. Implementation
of Change
(a) Following the
process referred to in subclause 25.2, the Corporation will issue documentation
(the Implementation Paper) to directly affected employees and the Association
that sets out any changes recommended, the rationale for such changes and a
timeframe for the implementation of the recommendations made.
(b) The Association
will be involved in negotiating the implementation of any changes contained in
the Implementation Paper.
4. Employees and
Workplace Reorganisation
(a) When a
division (work unit) is reorganised following the consultative process outlined
in subclauses 25.1, 25.2 and 25.3 (inclusive), the following procedures will
apply in relation to continuing employees:
(i) Where the
duties of a position are not significantly changed, the existing incumbent will
continue to hold the position.
(ii) Where the
duties of a position are so significantly changed that it can be regarded as a
new position, or where a position is no longer required, the employee holding
the position will become displaced.
(iii) Where
employees are displaced as a result of organisation change, the Corporation
will examine all available avenues for internal redeployment.
5. Managing
Displaced Employees
(a) Where
displaced employees are unable to be placed within the Corporation, the
prevailing NSW Government Policy on displaced employees shall be applied.
6. Workplace
Change and Co-lateral Agreements
(a) Where
co-lateral agreements apply in relation to the operation of this Award, nothing
in Clause 25 Managing Workplace Change will be read as contradicting or
overriding the continuation of these arrangements
26. Redeployment and
Priority Placement
1. In the event
that new positions are created within the Corporation, or where vacancies in
the existing structure emerge, the following redeployment and priority
placement procedures will apply.
(i) The
Corporation will call for expressions of interest from displaced employees.
(ii) The selection
process will be based on the position description of the newly created or
vacant position, and measured against the abilities, qualifications and experience
of the employee expressing an interest in the position.
(iii) Where
following the process set out in 26.1(i) above, an existing employee is deemed
suitable for the newly created or vacant position, and there are no other
suitable applicants, the employee will be redeployed to the position
accordingly. Suitability means the person meets the essential requirements of
the position, or can be expected to perform adequately the essential
requirements of the position within a six month period given access to
appropriate training.
(iv) Where more
than one employee is deemed suitable for redeployment to a position, an
assessment panel will be established to discuss with the employees their
suitability for the position. The assessment panel will create an eligibility
list of applicants for the position in order of merit.
(v) Assessment
panels will be comprised of the Divisional Director (or nominee), a Human
Resources representative and a third panel member. All panel members should
have a salary above that of the newly created or vacant position and there must
be a gender mix.
(vi) Where a
displaced employee is identified as suitable for a newly created or vacant
position, they will receive priority placement in that position.
27. Union Rights
1. In recognising
that the Association is a legitimate representative of employees of the
Corporation, the Corporation will assist the Association by providing for
authorised union activities.
2. An employee
who has been appointed an Association representative will be allowed reasonable
paid time and will be considered to be on duty for the conduct of union
activities.
3. The
Corporation supports leave that will improve the skills of Association
representatives. An employee who is an Association representative will be
granted a reasonable paid leave of absence to attend trade union training
courses and union related activities provided that adequate notice is given to
the Manager Human Resources. Paid leave shall be granted up to a maximum of 12
days in any period of two years, in line with Clause 20.12(f).
4. The
Association may hold meetings on the premises of the Corporation provided that
adequate notice has been given to the Manager Human Resources of the intention
to hold a formal meeting.
5. As far as practicable,
Association meetings should be held:
(i) Before or
after work;
(ii) During meal
breaks; or
(iii) During other
designated work breaks.
6. Association
meetings may only be held during working hours by agreement between the
parties.
7. The Corporation
will advise new employees through NSW Lotteries Induction Manual of their right
to join a union, and further information is available in the staff lunchroom or
from a union delegate.
28. Consultation
Between the Parties
1. The parties
agree that for the purpose of discussing industrial matters pertaining, but not
limited to, the interpretation and implementation of this Award,
representatives of the Association and the Corporation will meet at the request
of either party.
29. Workloads
1. The Corporation
is committed to ensuring that all workloads are manageable and without risk to
the health and safety of employees. It is a primary function of management to
ensure that workloads are distributed equitably and in accordance with the
duties and responsibilities of an employee’s position. Employees are not
expected to work unreasonable or excessive hours.
2. Where an
employee of the Corporation has a concern about the level of his or her
workload the matter should be dealt with in accordance with Clause 34 Grievance
and Dispute Resolution.
30. Negotiating the
Next Award
The parties agree to begin negotiations 6 months prior to
the expiry of this award.
31. Human Resources
Manual
The Corporation agrees to consult with the Association on
those Human Resource Manual Policies and Procedures which flow directly from
Clauses within this Award.
32. Deduction of
Association Membership Fees
1. The Public
Service Association shall provide the Corporation with a schedule setting out
Association fortnightly membership fees payable by members of the Association
in accordance with the Association’s rules.
2. The
Association shall advise the employer of any change to the amount of
fortnightly membership fees made under its rules. Any variation to the schedule of Association fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
3. Subject to
subclauses 32.1 and 32.2 above, the Corporation shall deduct Association
fortnightly membership fees from the pay of any employee who is a member of the
Association in accordance with the Association’s rules, provided that the
employee has authorised the Corporation to make such deductions.
4. Monies so
deducted from the employee’s pay shall be forwarded regularly to the
Association together with all necessary information to enable the Association
to reconcile and credit subscriptions to employee’s Association membership
accounts.
5. Unless other
arrangements are agreed to by the Corporation and the Association, all Association membership fees shall be
deducted on a fortnightly basis.
6. Where an
employee has already authorised the deduction of Association membership fees
from the employee’s 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.
33.
Anti-Discrimination
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.
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 discriminatory
effect.
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.
4. Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(iv) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
5. This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(i) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(ii) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
34. Grievance and
Dispute Resolution
All grievances and disputes between employee(s), the
Corporation and the Association will be dealt with in accordance with the
provisions of this clause:
(a) In the first
instance, an employee(s) is required to notify the relevant immediate
supervisor as to the substance of the grievance, dispute or difficulty, request
a meeting to discuss the matter, and if possible, state the remedy sought.
(b) Where it is
impractical for the employee to contact the relevant immediate supervisor, notification
may be made to the next appropriate level of management.
(c) The relevant
immediate supervisor, or other appropriate officer, shall convene a meeting in
order to resolve the grievance, dispute or difficulty within two (2) working
days, or as soon as practicable, of the matter being brought to their
attention.
(d) Unresolved
grievances, disputes or difficulties will then be referred to the Manager Human
Resources who will attempt to further mediate the dispute, provide advice and
assistance, and where appropriate, identify practical solutions.
(e) If the
grievance, dispute or difficulty remains unresolved, the employee(s) or the
Association representative may approach the Director Corporate Services to
resolve the dispute. Where the matter has industrial or human resource
implications, the Director Corporate Services should seek the advice of the
Chief Executive Officer.
(f) If the
grievance, dispute or difficulty is still unresolved, the employee(s), the
Corporation or the Association may refer the matter to the New South Wales
Industrial Relations Commission for determination.
(g) Whilst the
procedures outlined above are being followed, normal work undertaken prior to
the notification of the grievance, dispute or difficulty shall continue unless
otherwise agreed between the parties.
(h) In matters
concerning occupational health and safety, normal work shall proceed, if
practical, in a manner which avoids any risk to the health and safety of any
employee or any member of the public.
(i) An employee
may, at any stage, request to be represented by the Association.
35. Area, Incidence
and Duration
1. This Award
shall apply to all employees of the Corporation as defined in Clause 2,
"Definitions - General ", of this Award.
2. This Award
rescinds and replaces the NSW Lotteries Corporation (Salaries, Allowances and
Conditions of Employment 2002) Award published 11 April 2003 (339 IG 111).
3. The award
takes effect from the first full Pay Period after 1 July 2004 and shall remain in force until 30 June
2007.
PART B
SCHEDULES
SCHEDULE 1
SALARIES
The salaries detailed are to apply from the first pay period
after the date detailed hereunder:
Old
Classification/Grade
|
New Pay Step
|
1/7/2004
|
1/7/2005
|
1/7/2006
|
Clerical
Officers
|
|
4% increase
|
4% increase
|
4% increase
|
|
|
$
|
$
|
$
|
Grade 1-2
|
|
|
|
|
Junior Pay Scale
|
|
|
|
|
1st Year
|
1
|
22,627
|
23,532
|
24,473
|
(under 19 years of age at
|
|
|
|
|
commencement)
|
|
|
|
|
2nd Year
|
2
|
29,090
|
30,254
|
31,464
|
(19 years of age at
|
|
|
|
|
commencement)
|
|
|
|
|
3rd Year
|
3
|
32,208
|
33,496
|
34,836
|
(20 years of age at
|
|
|
|
|
commencement)
|
|
|
|
|
Over 21 years of age at
|
|
|
|
|
commencement
|
|
|
|
|
1st Year
|
4
|
34,180
|
35,547
|
36,969
|
2nd Year
|
5
|
36,322
|
37,775
|
39,286
|
3rd Year
|
6
|
39,029
|
40,590
|
42,214
|
The salary rates dependent on age are commencing rates only.
Once an employee has commenced, progression will be annually through the salary
scale.
Classification/Grade
|
|
1/7/2004
|
1/7/2005
|
1/7/2006
|
|
Clerks Grades 1 -12
|
New Pay Step
|
4% increase
|
4% increase
|
4% increase
|
|
|
|
$
|
$
|
$
|
|
Grade 1
|
|
|
|
|
|
1st Year
|
13
|
41,178
|
42,825
|
44,538
|
|
Thereafter
|
14
|
42,389
|
44,085
|
45,848
|
|
Grade 2
|
|
|
|
|
|
1st Year
|
15
|
43,571
|
45,314
|
47,127
|
|
Thereafter
|
16
|
44,766
|
46,557
|
48,419
|
|
Grade 3
|
|
|
|
|
|
1st Year
|
17
|
46,036
|
47,877
|
49,792
|
|
Thereafter
|
18
|
47,422
|
49,319
|
51,292
|
|
Grade 4
|
|
|
|
|
|
1st Year
|
19
|
48,904
|
50,860
|
52,894
|
|
Thereafter
|
20
|
50,407
|
52,423
|
54,520
|
|
Grade 5
|
|
|
|
|
|
1st Year
|
21
|
54,342
|
56,516
|
58,777
|
|
Thereafter
|
22
|
56,057
|
58,299
|
60,631
|
|
Grade 6
|
|
|
|
|
1st Year
|
23
|
58,254
|
60,584
|
63,007
|
Thereafter
|
24
|
59,962
|
62,360
|
64,854
|
Grade 7
|
|
|
|
|
1st Year
|
25
|
61,757
|
64,227
|
66,796
|
Thereafter
|
26
|
63,604
|
66,148
|
68,794
|
Grade 8
|
|
|
|
|
1st Year
|
27
|
66,255
|
68,905
|
71,661
|
Thereafter
|
28
|
68,360
|
71,094
|
73,938
|
Grade 9
|
|
|
|
|
1st Year
|
29
|
70,397
|
73,213
|
76,142
|
Thereafter
|
30
|
72,377
|
75,272
|
78,283
|
Grade 10
|
|
|
|
|
1st Year
|
31
|
75,332
|
78,345
|
81,479
|
Thereafter
|
32
|
77,577
|
80,680
|
83,907
|
Grade 11
|
|
|
|
|
1st Year
|
33
|
81,422
|
84,679
|
88,066
|
Thereafter
|
34
|
84,874
|
88,269
|
91,800
|
Grade 12
|
|
|
|
|
1st Year
|
35
|
90,192
|
93,800
|
97,552
|
Thereafter
|
36
|
94,165
|
97,932
|
101,849
|
|
|
|
|
|
|
|
SCHEDULE 2
SALARY
RELATED ALLOWANCES
The rates shown are to apply from the first pay period on or
after the dates detailed hereunder:
Allowance
|
1/7/2004
|
1/7/2005
|
1/7/2006
|
|
4% increase
|
4% increase
|
4% increase
|
|
$
|
$
|
$
|
(i) First-aid
|
591
|
615
|
640
|
(ii) Occupational First Aid
|
890
|
926
|
963
|
(iii) Community Language
|
920
|
957
|
995
|
(iv) Forklift Driving Allowance
|
920
|
957
|
995
|
SCHEDULE 3
EXPENSE RELATED ALLOWANCES
Table of Allowances
(1) Accommodation
Expenses- Employee Arranged Accommodation (Subclause 17.6)
The following rates are tied to the Australian Public
Service rates of Travelling Allowance for Non Senior Executive Service officers,
which have been set by the Australian Taxation Office as the prescribed
reasonable limits for the purposes of taxation. Rates as at 1 July 2004 and to apply for 2004-2005 financial
year.
|
Accommodation
|
Breakfast
|
Lunch
|
Dinner
|
Incidental
|
|
Expenses
|
|
|
|
Expenses
|
|
$
|
$
|
$
|
$
|
$
|
Adelaide
|
131.00
|
18.40
|
20.55
|
35.40
|
14.20
|
Brisbane
|
126.00
|
18.40
|
20.55
|
35.40
|
14.20
|
Canberra
|
103.00
|
18.40
|
20.55
|
35.40
|
14.20
|
Darwin
|
122.00
|
18.40
|
20.55
|
35.40
|
14.20
|
Hobart
|
104.00
|
18.40
|
20.55
|
35.40
|
14.20
|
Melbourne
|
150.00
|
18.40
|
20.55
|
35.40
|
14.20
|
Perth
|
117.00
|
18.40
|
20.55
|
35.40
|
14.20
|
Sydney
|
157.00
|
18.40
|
20.55
|
35.40
|
14.20
|
High Cost Country
|
(See
Note below)
|
18.40
|
20.55
|
35.40
|
14.20
|
Tier 2 Country Centres
|
85
|
16.40
|
18.75
|
32.40
|
14.20
|
(See Note below)
|
|
|
|
|
|
Other Country Centres
|
70
|
16.40
|
18.75
|
32.40
|
14.20
|
High Cost Country Centres - Accommodation Expenses
Country Centre
|
$
|
Country Centre
|
$
|
Ballarat (VIC)
|
95.00
|
Karratha (WA)
|
135.00
|
Broome (WA)
|
116.00
|
Kununurra (WA)
|
104.00
|
Burnie (TAS)
|
93.50
|
Newcastle (NSW)
|
108.00
|
Carnarvon (WA)
|
92.00
|
Newman (WA)
|
115.00
|
Christmas Island
|
100.00
|
Northam (WA)
|
100.00
|
Cocos (Keeling) Islands
|
90.00
|
Pt Hedland (WA)
|
117.00
|
Dampier (WA)
|
95.00
|
Pt Lincoln (SA)
|
99.00
|
Devonport (TAS)
|
92.00
|
Thursday Island (QLD)
|
130.00
|
Gold Coast (QLD)
|
104.00
|
Tom Price (WA)
|
92.00
|
Horn Island (QLD)
|
108.00
|
Weipa (QLD)
|
115.00
|
Jabiru (NT)
|
170.00
|
Wollongong (NSW)
|
100.00
|
Tier 2 Country Centres are:
Albany (WA), Alice Springs (NT), Ararat (VIC), Bathurst (NSW), Bendigo
(VIC), Bunbury (WA), Cairns (QLD), Kalgoorlie (WA), Katherine (NT), Launceston
(TAS), Halls Creek (WA), Maitland (NSW), Orange (NSW), Wagga Wagga (NSW),
Warnambool (VIC), as varied by subsequent Tax Rulings.
(2) Meal Breaks
and Allowances (Subclause 19.2(a))
The first meal allowance is linked to the Australian
Taxation Office’s ‘reasonable limit’
for overtime meal allowance:
(a)(i)
|
$13.65
|
|
(a)(ii)
|
$20.55
|
|
(a)(iii)
|
$13.65
|
|
(a)(iv)
|
$20.55,
|
subsequent meal allowance of $13.65
|
(a)(v)
|
$20.55,
|
subsequent meal allowance of $13.65
|
(3) Use of Private
Motor Vehicles (Subclause 19.3)
Motor Car Allowance - Official Business
Engine Capacity
|
Rate per Kilometre
|
Over 2700 cc
|
77.4 cents
|
1600 to 2700 cc
|
72.0 cents
|
Under 1600 cc
|
51.6 cents
|
(4) Garage
Allowance (Subclause 19.4)
An allowance of $480 per annum.
(5) Home Office
Allowance (Subclause 19.5)
An allowance of $678 per annum.
(6) Adjustment of
Allowances
(a) The
Accommodation Allowances - Employee Arranged Accommodation as prescribed in
Item 1 of this Schedule shall be varied in line with adjustments determined by
the Australian Taxation Office for reasonable daily travel allowance.
(b) The Overtime
Meal Allowances prescribed in Item 2 of this Schedule shall be varied in line
with the quantum of the adjustment determined by the Australian Taxation Office
for the reasonable Overtime Meal Allowance.
(c) The allowances
prescribed under Items 3 of this Schedule shall be reviewed in line with
movements in similar allowances specified in the Crown Employees (Conditions of
Employment) 1997 Award or an award replacing that award.
(d) The allowances
prescribed under Items 4 and 5 of this Schedule shall be adjusted in line with
movements in similar allowances specified in the Crown Employees Conditions
1997 Award or an award replacing that award.
SCHEDULE 4
12 HOUR SHIFT WORK ROSTERS - 8 WEEK
ROTATIONS FEATURES:
4 teams
2 day shifts followed by 2 night shifts, then 4 days
off duty
8 week rotating roster period
28 shifts of 10 hours ordinary working time completed
in each period
hours/8 weeks = 35 hour week average
28 shifts x 30 minutes Rostered Time Off - totals 14
hours accrued in 8 weeks.
WEEK 1
|
WEEK 2
|
Fri
|
Sat
|
Sun
|
Mon
|
Tue
|
Wed
|
Thu
|
Fri
|
Sat
|
Sun
|
Mon
|
Tue
|
Wed
|
Thu
|
1
|
1
|
2
|
2
|
3
|
3
|
4
|
4
|
1
|
1
|
2
|
2
|
3
|
3
|
4
|
4
|
1
|
1
|
2
|
2
|
3
|
3
|
4
|
4
|
1
|
1
|
2
|
2
|
WEEK 3
|
WEEK 4
|
Fri
|
Sat
|
Sun
|
Mon
|
Tue
|
Wed
|
Thu
|
Fri
|
Sat
|
Sun
|
Mon
|
Tue
|
Wed
|
Thu
|
4
|
4
|
1
|
1
|
2
|
2
|
3
|
3
|
4
|
4
|
1
|
1
|
2
|
2
|
3
|
3
|
4
|
4
|
1
|
1
|
2
|
2
|
3
|
3
|
4
|
4
|
1
|
1
|
WEEK 5
|
WEEK 6
|
Fri
|
Sat
|
Sun
|
Mon
|
Tue
|
Wed
|
Thu
|
Fri
|
Sat
|
Sun
|
Mon
|
Tue
|
Wed
|
Thu
|
3
|
3
|
4
|
4
|
1
|
1
|
2
|
2
|
3
|
3
|
4
|
4
|
1
|
1
|
2
|
2
|
3
|
3
|
4
|
4
|
1
|
1
|
2
|
2
|
3
|
3
|
4
|
4
|
WEEK 7
|
WEEK 8
|
Fri
|
Sat
|
Sun
|
Mon
|
Tue
|
Wed
|
Thu
|
Fri
|
Sat
|
Sun
|
Mon
|
Tue
|
Wed
|
Thu
|
2
|
2
|
3
|
3
|
4
|
4
|
1
|
1
|
2
|
2
|
3
|
3
|
4
|
4
|
1
|
1
|
2
|
2
|
3
|
3
|
4
|
4
|
1
|
1
|
2
|
2
|
3
|
3
|
SCHEDULE 5
CALCULATION OF ANNUALISED SHIFT LOADING -
12 HOUR SHIFT WORK
The applicable shift loadings are calculated on an
annualised basis with the following assumptions being made:
182 shifts of 10 hours working time (per 12-hour shift)
worked in a year
28 shifts worked in an 8 week (56 day) rotating roster
period
6.5 x 56 day rotating roster periods = 364 days
65 day shifts calculated at:
21 x nil day shift loading
22 x 10% afternoon shift loading
22 x 12.5% afternoon shift loading
Half-day (3.5 hours) Christmas /New Year’s Eve
Concession is paid out
The first meal break (1 hour) is an unpaid meal break
The second meal break of 30 minutes is a paid meal
break at the ordinary salary rate of pay
Calculations Are As Follows:
DAY SHIFTS - MONDAY
TO FRIDAY
|
21 x 10 hours + nil %
|
=
|
210 hours
|
22 x 10 hours + 10%
|
=
|
242 hours
|
22 x 10 hours + 12.5%
|
=
|
247.5 hours
|
650 hours
|
(+699.5)
|
699.5
|
NIGHT SHIFTS -
MONDAY TO FRIDAY
|
65 x 10 hours + 15%
|
=
|
747.5 hours
|
650 hours
|
(+747.5)
|
1447
|
SATURDAY SHIFTS -
DAY AND NIGHT
|
26 x 10 hours + 50%
|
=
|
390 hours
|
260 hours
|
(+390)
|
(+390)
|
SUNDAY SHIFTS - DAY
AND NIGHT
|
26 x 10 hours + 75%
|
=
|
455 hours
|
260 hours
|
(+455)
|
2292
|
Total Hours Worked - 1820 p.a.
|
|
Hours Paid - 2292
|
PUBLIC HOLIDAYS
|
(11 per year x 35 hours
week average = 77 hours)
|
40 hours "on" x 150%
|
=
|
60
|
37 hours "off" x 100%
|
=
|
37
|
77 hours
|
=
|
(+97)
|
LESS NORMAL
LOADINGS PAID MONDAY TO SUNDAY
|
30 hours day shifts (M-F) x
9%
|
=
|
2.7
|
(average)
|
|
|
27 hours night shifts (M-F) x
15%
|
=
|
4.05
|
10 hours (Saturday shift) x
50%
|
=
|
5.00
|
10 hours (Sunday shift) x 75%
|
=
|
7.5
|
77 Hours
|
=
|
(-19.25) (+ 77.75)
|
|
=
|
2369.75
|
PLUS HALF - DAY
CHRISTMAS/ NEW YEAR’S EVE CONCESSION
|
3.5 hours + 12.5% average
|
=
|
3.94
|
|
|
(+3.94) 2373.69
|
PLUS PAID 30 MINUTE
SECOND MEAL BREAK AT ORDINARY SALARY RATE OF PAY
|
0.5 hours x 182 shifts p.a.
|
=
|
91 hours
|
|
|
(+91) 464.69
|
Total Hours Paid
|
|
2464.69
|
(Less)Total Hours Worked pa
|
|
-1820.00
|
Difference
|
|
644.69
|
ANNUALISED SHIFT LOADING (644.69/1820)
|
= 35.4%
|
I. W. CAMBRIDGE,
Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.