Crown
Employees (Roads and Maritime Services - School Crossing Supervisors) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 254 of 2012)
Before The Honourable
Mr Justice Staff
|
27 March 2012
|
REVIEWED
AWARD
Arrangement
Clause No. Subject Matter
1. Definitions
2. Area,
Incidence, Duration
3. Parties to
the Award
4. Duties
5. Appointment
and Probation
6. Hours of
Duty
7. Payment of
Wages
8. Superannuation
9. Minimum
Period of Engagement
10. Work
Location
11. Leave
12. Travelling
to a Temporary Work Location
13. Relocation
of School Crossing Supervisors
14. Termination
15. Training
16. Criminal
Record Checks
17. Safety
Clothing & Equipment
18. Anti-Discrimination
19. Grievance
Resolution and Dispute Settlement
20. Union
Contributions
21. Secure
Employment
22. Code of
Conduct and Ethics
23. Leave
Reserved
24. Rates of
Pay
1. Definitions
SCS - School Crossing Supervisor
RMS - Roads and Maritime Services Division of the
Government Service of New South Wales established under Chapter 1A of the Public
Sector Employment and Management Act 2002 (NSW).
Union - Australian Workers' Union (AWU) and/or Public
Service Association and Professional Officers' Association Amalgamated Unions
of NSW (PSA).
Permanent SCS - A permanent SCS is a SCS who works a
set number of hours and days per week.
Casual - Casual SCSs are employed on an intermittent basis
to cater for special needs or to provide cover for intermittent periods of
absence.
Casual Loading - An additional rate added to the rate
of pay for casual SCSs to compensate for their ineligibility for paid leave and
public holidays.
Contract Hours - The standard weekly hours or daily
hours required to be worked by permanent SCSs. Contract hours for permanent
SCSs are the hours specified in their contract or letter of appointment.
Additional Hours - Time worked by permanent SCSs in
excess of their contract hours and for which a loading in lieu of annual leave
is paid.
Extended Leave - A form of leave entitlement which
recognises and rewards long service as provided by the Extended leave
provisions covered in Schedule 5 of the Transport Administration Act
1988.
Headquarters - The centre to which SCSs are attached
for administrative purposes, or from which SCSs are required to operate on a
long term basis.
Temporary Work Location - The place from which
permanent SCSs temporarily perform official duty if they are required to work
away from headquarters.
Working Hours - The specified times that SCSs are
required to work as outlined in their letters of engagement.
2. Area, Incidence,
Duration
This Award will be known as the Crown Employees (Roads and
Maritime Services - School Crossing Supervisors) Award.
The Award applies to all SCSs employed by Roads and
Maritime Services Division of the Government Service of New South Wales under
Chapter 1A of the Public Sector Employment and Management Act 2002.
This award is made following a review under section 19
of the Industrial Relations Act 1996 and rescinds and replaces the Crown
Employees (Roads and Traffic Authority of NSW - School Crossing Supervisors)
Award published 24 April 2009 (367 I.G. 1059) and all variations thereof.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 27 March 2012.
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
3. Parties to the
Award
The parties to this Award are Roads and Maritime
Services, the Australian Worker's Union and the Public Service Association and
Professional Officers' Association Amalgamated Union of New South Wales.
4. Duties
SCSs are responsible for the implementation of the
School Crossing Supervisor Scheme at designated school crossing sites.
In order to achieve this, SCSs must:
(i) Place CHILDREN
CROSSING flags at each end of the crossing at the commencement of duties and
remove the flags at the completion of duties
(ii) Be at their
designated crossing at the times specified by RMS;
(iii) Comply with
the Safe Work Method Statement (SWMS) for the site at which they are working;
(iv) Perform their
duties in accordance with training provided by RMS;
(v) Follow any
lawful directions given by RMS;
(vi) Use only the
safety clothing and equipment provided by RMS.
5. Appointment and
Probation
(a) SCSs must serve
a three-month probation period before their employment is confirmed.
(b) SCSs cannot
commence duty until they have successfully completed both on-site and off-site
training and have met the criteria for the criminal record check as outlined in
clause 16.
(c) The probation
period may be extended for a period up to six months in exceptional circumstances.
SCSs must be informed of the extension at least one week prior to the date on
which they will complete three months’ service.
6. Hours of Duty
(a) Other than for
reasons outlined in (e) below, permanent SCSs will be rostered to work during
the 41-week NSW school year.
(b) The contract
hours for SCSs will not include four weeks of the school summer vacation period
in December/January each year. Any training held in January will be notified
and paid for as per clause 15, Training.
(c) The contract
hours of duty for permanent SCSs are determined according to the operating
hours of the crossing at their designated site, including the setting up and
storage of equipment. The specific hours will be notified to permanent SCSs in
their letters of engagement.
(d) Unless otherwise
agreed by the SCS, the contract hours of duty for permanent SCSs may be varied
on a permanent basis provided that three weeks’ notice is given (i.e. 15
weekdays, including school and public holidays). This does not restrict RMS to direct SCSs to work different than
their contract hours on a temporary basis, eg to cover short-term absences of
other staff.
(e) Subject to
clause 15, Training, permanent SCSs may, by agreement, work in excess of their
contract hours. The additional hours worked, up to 38 hours per week, will be
paid at ordinary time plus a 1/12 loading in lieu of additional annual leave
(see 7(d) below).
(f) Permanent or
casual SCSs who are directed to work in excess of 8 hours per day or 38 hours
per week will be paid for the time worked at overtime rates as time and a half
for the first two hours and double time thereafter.
(g) The hours of
duty for casual SCSs will fluctuate between engagements. Generally, casual SCSs cannot be engaged for
longer than the ordinary hours worked by permanent SCSs.
(h) RMS may arrange
training to be conducted during the school holidays. Refer to clause 15,
Training.
(i) RMS may require
SCSs to work reasonable overtime at overtime rates. An SCS may refuse to work overtime in circumstances where the
working of overtime would result in the SCS staff working hours which are
unreasonable. For the purposes of this
paragraph what is unreasonable or otherwise will be determined having regard
to:
(i) any risk to the
SCSs health and safety;
(ii) the SCSs
personal circumstances including any family and carer responsibilities
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by RMS regarding the working of overtime, and by the SCS of their intention
to refuse the working of overtime; or
(v) any other
relevant matter.
7. Payment of Wages
(a) The hourly rate
of pay for SCSs will be calculated with reference to a base hourly rate of $N
per hour. The rates of pay are set out
in the table in clause 24, Rates of Pay were increased by 2.5% operative from
the first pull pay period on or after 1 July 2012.
(b) The rate paid to
permanent SCSs will be averaged over a period of 48 weeks. The calculation
takes into account the 41-week school year plus the entitlement to four weeks’
annual leave as permanent employees. Permanent SCSs will continue to be paid
for their contract hours during school holidays that fall between the months of
February and December. Permanent SCSs will not be paid for the four weeks of
the school summer vacation period in December/January each year.
(c) The hourly rate
paid to permanent SCSs will be calculated on the following basis:
Where ‘N’ is the base rate per hour and ‘P’ is the
actual hourly rate.
(d) Additional hours
worked by permanent SCSs will be calculated on the following basis:
Where ‘N’ is the base rate per hour and ‘A’ is the
actual hourly rate.
This rate will also apply to all time spent training by
permanent SCSs outside their contract hours.
(e) Casuals are paid
for actual time worked and, subject to clause 15, Training, are not paid during
school holidays.
(f) As casuals are
entitled to a loading in lieu of all forms of paid leave except for extended
leave, the hourly rate paid to casual SCSs will be calculated on the following
basis:
Where ‘N’ is the base rate per hour and ‘C’ is the
actual hourly rate.
(g) Wages will be
paid on a fortnightly basis into an account nominated by each SCS.
8. Superannuation
(a) Subject to (b)
below, RMS will contribute a proportion of each SCSs wage as determined by
Commonwealth superannuation legislation into a superannuation fund nominated by
each SCS. The current proportion is 9%, effective from 1 July 2002.
(b) RMS is
prohibited from depositing superannuation contributions into an account for
SCSs 70 years of age or older. In lieu of this contribution, SCSs 70 years of age
or older will receive a loading equivalent to the superannuation contribution
in their fortnightly pay. The additional loading will be calculated with
reference to a base hourly rate of $N per hour as contained in clause 7 above.
9. Minimum Period of Engagement
(a) The minimum
period of engagement for SCS (whether casual or permanent) shall be one hour.
(b) SCSs who work
both morning and afternoon shift in any one day will be considered to have
worked two (2) periods of engagement for that day.
(c) The period(s) of
engagement for permanent SCSs will be specified in their letter of appointment.
10. Work Location
(a) Subject to (c)
below, permanent SCSs will be appointed to a designated work school crossing
site to which they must report for duty.
(b) Casual SCSs are
not assigned to a specific work location and may be offered work at locations
as required by RMS.
(c) SCSs who have
their employment converted from casual to permanent through the operation of
clause 21, Secure Employment, may not be assigned to a designated work school
crossing site and may be required to undertake their contract hours at
different locations. The different locations will be within a reasonable
boundary and will be agreed at the time of conversion. Such SCSs will not be
entitled to reimbursement for additional fares or time spent travelling to
these locations as per subclauses 12 (a) and (b).
(d) SCSs who elect
to convert to permanent status by way of subclause 10(c) will be offered the
choice to transfer to permanent status as outlined at subclause 10(a), upon a
SCSs position falling vacant.
11. Leave
11.1 Calculation of
leave
(a) Unless otherwise
specified, permanent SCSs will be entitled to leave on a pro-rata basis,
calculated on their weekly contract hours.
(b) For the purpose
of taking leave, ‘day’ means the normal/contract hours of duty that SCSs would
have worked on that day. This does not include intermittent training carried
out during the school term.
11.2 Casuals
(a) Casuals receive
a loading in lieu of all forms of paid leave except long service leave.
(b) With the
exception of long service leave, casuals are not entitled to take paid leave.
11.3 Recreation Leave
(a) Permanent SCSs
are entitled to four (4) weeks’ recreation leave each year.
(b) The wages paid
to SCSs take into account the four-week entitlement and SCSs are not entitled
to take recreation leave during the school term.
(c) SCSs will have a
period of four weeks per year (in one or more blocks) where they will not be
required to attend work and/or training. Refer to clause 15, Training.
11.4 Annual Leave
Loading
The wages paid to SCSs incorporate a loading of 1.35%
per annum to account for their entitlement to annual leave loading based on
four weeks’ leave per year.
11.5 Public Holidays
(a) Permanent SCSs
will be paid for all gazetted state public holidays that occur on a day on
which they are normally rostered and for the hours that they would have worked.
(b) Public holidays
that occur during school holidays will be treated as normal work days and no
additional payment will be made.
(c) Permanent SCSs
will be entitled to observe local public holidays (half day or full day as
gazetted) where the school to which the crossing applies is observing that
local public holiday.
11.6 Sick Leave
(a) Permanent SCSs
are entitled to 12 sick days per year.
(b) For the purpose
of this clause, the sick leave year commences on 1 January. SCSs who commence
duty during the course of a calendar year will be credited with a pro rata
entitlement of 12 days per year.
(c) RMS may defer
payment of sick leave to SCSs who take sick leave during their first three
months of service until the SCS has completed three months of service
(d) SCSs re-employed
in the same year are entitled to the lesser of:
(i) a maximum of 12
days sick leave, or
(ii) the sick leave
SCSs would have been entitled to had employment been continuous from the date
of first employment in that year.
(e) Previous periods
of employment are not taken into account for sick leave purposes.
(f) All sick leave
not taken during the leave year accumulates and may be used as required for
genuine absences due to illness or incapacity.
(g) If SCSs are
unable to attend work due to illness or injury, they are to contact their
supervisor prior to the commencement of their shift and advise:
(i) that they are
unable to attend work, and
(ii) the nature of
their illness or incapacity, and
(iii) the estimated
period of absence.
(h) The
granting of paid sick leave shall be subject to the SCS providing evidence
which indicates the nature of illness or injury. If the SCS is concerned about disclosing the nature of the
illness to their manager they may elect to have the application for sick leave
dealt with confidentially by an alternate manager or the Human Resources
Section.
(i) If a SCS is
absent from duty for more than 2 consecutive working days because of illness
they must provide a medical certificate to RMS in respect of the absence.
(j) If
a SCS takes sick leave in excess of 5 uncertified working days in a calendar
year the SCS concerned may be required to produce medical certificates for any
further sick leave absences for the remainder of that calendar year.
(k) As a general
practice backdated medical certificates will not be accepted. However, if the SCS concerned provides
evidence of illness that only covers the latter part of the absence, RMS may
allow the granting of sick leave for the whole period if satisfied that the
reason for the absence was genuine.
(l) If
RMS is concerned about the diagnosis described in the evidence of illness
produced, RMS may, after discussion the SCS refer the evidence provided and the
application for leave to a medical practitioner or Independent Medical Assessor
for advice.
(i) The
type of leave granted to the SCS will be determined by RMS based on the medical
advice received.
(ii) If
sick leave is not granted, RMS will, as far as practicable, take into account
the wishes of the SCS when determining the type of leave granted.
(m) RMS
may direct the SCS to participate in a return to work program if they have been
absent for a long period of sick leave.
(n) Nothing in this
subclause 11.6 removes the right of RMS to request medical certificates for
single day absences where required or from referring the SCS for an independent
medical assessment for other reasons as prescribed in RMS's sick leave policy.
(o) The reference in
this clause to evidence of illness shall apply, as appropriate:
(i) for absences up
to and including 5 working days evidence may be provided by a registered
doctor, dentist, optometrist, chiropractor, osteopath, physiotherapist, oral
and maxillo facial surgeon or, at RMS’s discretion, other forms of evidence
that satisfy that the SCS had a genuine illness including from another
registered health services provider,
(ii) where the
absence exceeds five working days, and unless the health provider listed above
is also a registered medical practitioner, applications for any further sick
leave must be supported by evidence of illness from a registered medical
practitioner.
(p) SCSs who have
used all their accrued sick leave but are unable to return to work due to
illness or incapacity and have supporting medical certificates may take accrued
extended leave or leave without pay.
(q) SCSs who are
sick for a week or more whilst on extended leave and who have a supporting
medical certificate will be entitled to accrued sick leave for the period
covered by the medical certificate. The extended leave replaced by the sick leave
will be re-credited to the SCSs entitlement.
(r) Sick leave will
not be granted for extended leave taken prior to resignation or termination of
services.
11.7 Extended leave
11.7.1 Extended leave
entitlements
(a) Extended leave
for SCSs is set by the Transport Administration Act 1988 (NSW).
(b) SCSs who have
completed 10 years service recognised by RMS are entitled to the following
extended leave:
(i) 44 working days
at full pay, or
(ii) 88 working
days at half pay, or
(iii) 22 working days
at double pay.
(c) For each
additional calendar year of service completed in excess of 10 years entitles
SCSs accrue 11 working days extended leave.
(d) From 1 January
2005, SCSs who have completed at least 7 years continuous service with RMS, or
as recognised in accordance with subclauses (f) and (g) below, are entitled to
access pro rata extended leave on the basis of 4.4 working days per completed
year of service.
(e) Casual SCSs with
regular and consistent patterns of employment are entitled to Extended Leave on
the same basis as that applying to permanent SCSs, calculated on a pro rata
basis.
(f) All previous
full-time and part-time service SCSs have had with RMS, the former Roads and
Traffic Authority of New South Wales, Department of Main Roads, Department of
Motor Transport or the Traffic Authority are taken into account as service
towards Extended Leave for permanent SCS's.
(g) Service with
other NSW government bodies will also be recognised in accordance with Schedule
3A of the Public Sector Employment and Management Act 2002.
(h) Nothing in
subclauses (f) or (g) above entitles SCSs to payment for previous service
recognised, where the accrual for that service has been taken as extended leave
in service or paid out on termination.
11.7.2 Effect of Approved
Leave Without Pay on Extended Leave Entitlements.
(a) To determine if
SCSs have completed the required 10 years of service:
(i) Any period of
approved leave taken without pay before 13 December 1963 counts as service to
determine whether or not SCSs have completed 10 years of service.
(ii) Any period of
approved LWOP you have taken without pay after 13 December 1963 does not count
towards the 10 years of service.
(b) For SCSs who
have had 10 years’ service recognised by RMS, approved LWOP for the reasons
listed below counts as service for Extended Leave accrual:
(i) Military
service (e.g. Army, Navy or Air Force);
(ii) Major
interruptions to public transport;
(iii) Periods you
are on leave accepted as workers compensation.
(c) For SCSs who
have completed 10 years of recognised service, any period of approved leave
without pay not exceeding 6 months counts for the purpose of calculating length
of service.
11.7.3 Taking of Extended
Leave.
(a) Subject to RMS
approval, SCSs may take extended leave:
(i) At a time
convenient to RMS;
(ii) For a minimum
period of one hour, irrespective of whether it is paid at full pay, half pay or
double pay.
(b) Extended leave
may be taken at full pay, half pay or double pay.
(c) For extended leave
taken at double pay:
(i) SCSs leave
balance will be debited for the actual number of working days/hours of leave at
full pay plus the equivalent number of working days/hours at full pay necessary
to make up the additional payment;
(ii) the additional
payment is made as a taxed, non-superable allowance, with the exception of
payment to members of First State Super or another complying fund of their
choice for whom the additional payment is superable.
(d) For extended
leave taken at half pay, SCSs leave balance will be debited at the rate of half
the days/hours taken as extended leave.
(e) SCSs who take
extended leave in service, may choose to be paid fortnightly or in one lump sum
in advance of taking the leave.
11.7.4 Sick Leave while on
Extended Leave.
(a) SCSs are only
entitled to claim sick leave that occurs during an absence on extended leave
when sick for five or more consecutive working days. To claim sick leave, SCSs
must provide a medical certificate for the period claimed as soon as
practicable.
(b) If sick leave is
approved, extended leave is re-credited with the equivalent period of sick
leave, if leave is taken on a full or half pay basis.
(c) If sick leave is
approved, extended leave is re-credited with the equivalent period of sick
leave and the extra amount of extended leave entitlement accessed to make up
the double pay allowance.
(d) The above
applies if extended leave is taken prior to retirement but not extended leave
taken prior to resignation or termination of services by RMS.
11.7.5 Public Holidays
while on Extended Leave.
(a) Public holidays
that fall while SCSs are absent on extended leave are not recognised as
extended leave and are not deducted from the extended leave balance.
(b) Payment for
public holidays is paid at single time even if SCSs have chosen to take
extended leave at half-pay or double pay.
11.7.6 Payment or
Transfer of Extended Leave on Termination
(a) If SCSs are
entitled to extended leave on termination of your employment, including retirement,
they will be paid the monetary value of the extended leave as a gratuity, in
lieu of your taking the leave.
(b) SCSs who have at
least five years’ service as an adult but less than seven years’ service are
paid pro-rata extended leave if their services are terminated:
(i) By RMS for any
reason other than serious and intentional misconduct;
(ii) By SCSs in
writing on account of illness, incapacity or domestic or other pressing
necessity or.
(c) SCSs who resign
to join another Government Department, and who ‘transfer’ as defined by
Schedule 3A of the Public Sector Employment and Management Act 2002, are
entitled to have their extended leave accrual accepted by their new employer.
11.8 Maternity leave
(a) Female SCSs are entitled
to maternity leave to allow them to retain their position and return to work
within a reasonable time after the birth of their child.
(b) Permanent SCSs
are entitled to maternity leave up to nine weeks before the expected date of
birth and up to 12 months after the actual date of birth.
(c) Permanent SCSs
who have completed at least 40 weeks’ continuous service prior to the birth are
entitled to paid maternity leave on the basis of 14 weeks at full pay or 28
weeks at half pay from the date maternity leave commences.
(d) Regular casual
SCSs who have completed 12 months’ continuous service are entitled to up to 12
months’ unpaid maternity leave. The leave may commence up to nine weeks before
the expected date of birth, but must not exceed a total of 52 weeks. Casual
SCSs are not entitled to paid maternity leave.
(e) RMS shall not
fail to re-engage a regular casual SCS (see section 53(2) of the Industrial
Relations Act 1996) because:
(i) the SCS or SCSs
spouse is pregnant, or
(ii) the SCS is or
has been immediately absent on a maternity leave.
The rights of RMS in relation to engagement and
re-engagement of casual SCS are not affected, other than in accordance with
this subclause.
(f) If a SCS
commence a subsequent period of maternity leave or adoption leave within 24
months of commencing an initial period of maternity or adoption leave they will
be paid:
(i) at the rate
they were paid before commencing the initial leave if they have not returned to
work; or
(ii) at a rate
based on the hours they worked before the initial leave was taken, where they
have returned to work and reduced their hours during the 24 month period; or
(iii) at a rate
based on the hours they worked prior to the subsequent period of leave where
they have not reduced their hours.
11.9 Adoption leave
(a) SCSs are
entitled to adoption leave for the adoption of a child under school age,
provided that they are to be the primary care giver of the child.
(b) Permanent SCSs
are entitled to adoption leave on the following basis:
(i) fourteen weeks
on full pay if they have completed 40 weeks’ continuous service ;
(ii) an extended
period of up to 52 weeks, taken from the time of placement of the child, as
extended leave (if available) and/or leave without pay. Any period of paid
adoption leave will be included in the 52 weeks.
(c) Regular casual
SCSs who have completed 12 months’ continuous service are entitled to up to 12
months’ unpaid adoption leave from the date the SCS takes custody of the child.
(d) RMS shall not
fail to re-engage a regular casual SCS (see section 53(2) of the Industrial
Relations Act 1996) because the SCS is or has been immediately absent on
adoption leave. The rights of RMS in
relation to engagement and re-engagement of casual SCS are not affected, other
than in accordance with this subclause.
(e) If a SCS
commence a subsequent period of maternity leave or adoption leave within 24
months of commencing an initial period of maternity or adoption leave they will
be paid:
(i) at the rate
they were paid before commencing the initial leave if they have not returned to
work; or
(ii) at a rate
based on the hours they worked before the initial leave was taken, where they
have returned to work and reduced their
hours during the 24 month period; or
(iii) at a rate
based on the hours they worked prior to the subsequent period of leave where
they have not reduced their hours.
11.10 Parental leave
(a) SCSs who are not
entitled to maternity or adoption leave are entitled to parental leave to share
in the responsibility of caring for their young children.
(b) Permanent SCSs
are entitled to parental leave on the following basis:
(i) one week on
full pay or two weeks at half pay if they have completed 40 weeks’ continuous
service; and
(ii) 52 weeks unpaid.
Any period of paid parental leave will be included in the 52 weeks.
(c) Leave may
commence at any time up to two years from the date of birth or adoption of the
child. The leave may be taken full time
for up to 12 months or on a part time basis over a period of up to two years.
(d) Regular casual
SCSs who have completed 12 months’ continuous service are entitled to up to 12
months’ unpaid parental leave from the date of birth or adoption of the child.
(e) RMS shall not
fail to re-engage a regular casual SCS (see section 53(2) of the Industrial
Relations Act 1996) because the SCS is or has been immediately absent on
parental leave. The rights of RMS in
relation to engagement and re-engagement of casual SCS are not affected, other
than in accordance with this subclause.
11.11 Communication
during Maternity, Adoption and Parental Leave
(a) Where a SCS is
on maternity, adoption or parental leave and a definite decision has been made
to introduce significant change at the workplace, RMS shall take reasonable
steps to:
(i) Make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the SCS held before commencing maternity, adoption or
parental leave; and
(ii) Provide an
opportunity for the SCS to discuss any significant effect the change will have
on the status or responsibility level of the position the SCS held before
commencing maternity, adoption or parental leave.
(b) The SCS shall
take reasonable steps to inform RMS about any significant matter that will
affect the SCSs decision regarding the duration of maternity, adoption or
parental leave to be taken, whether the SCS intends to return to work and
whether the SCS intends to return to work on a part-time basis.
(c) The SCS shall
also notify RMS of changes of address or other contact details which might
affect RMS’s capacity to comply with paragraph (a).
11.12 Rights of request
during maternity, adoption or parental leave
(a) An SCS entitled
to maternity, adoption or parental leave may request that RMS allow the
employee:
(i) to extend the
period of unpaid maternity , adoption or parental leave for a further
continuous period of leave not exceeding 12 months;
(ii) to return from
a period of maternity, adoption or parental leave on a part-time basis until
the child reaches school age;
to assist the SCS in reconciling work and parental
responsibilities.
(b) RMS shall
consider the request having regard to the SCSs circumstances and, provided the request
is genuinely based on the SCSs parental responsibilities, may only refuse the
request on reasonable grounds related to the effect on the workplace or RMS’s
business. Such grounds might include cost, lack of adequate replacement staff,
loss of efficiency and the impact on customer service.
(c) The SCSs request
and RMS decision to be in writing.
The SCSs request and RMS’s decision made under
paragraph (a) must be recorded in writing.
(d) Request to
return to work part-time
Where an SCS wishes to make a request under paragraph
(a), dot point 2, such a request must be made as soon as possible but no less
than seven weeks prior to the date upon which the SCS is due to return to work
from maternity, adoption or parental leave.
11.13 Family and
community service leave
(a) RMS shall grant
to an SCS some or all of their accrued family and community service leave on
full pay for reasons related to unplanned and emergency family responsibilities
or other emergencies outlined in subclause (b). RMS may also grant leave for purposes as outlined in subclause
(c). Non emergency appointments or
duties shall be scheduled or performed outside normal working hours or through
approved use of other appropriate leave.
(b) Such unplanned
and emergency situations may include, but not be limited to, the following:
(i) Compassionate
grounds, such as the death or illness of a close member of the family or a
member of the SCS’s household;
(ii) Emergency accommodation matters up to one
day, such as attendance at court as defendant in an eviction action, arranging
accommodation, or when required to remove furniture and effects;
(iii) Emergency or weather conditions; such as
when flood, fire, snow or disruption to utility services etc, threatens an
SCS’s property and/or prevents an SCS from reporting for duty;
(iv) Attending to emergency or unplanned or
unforeseen family responsibilities, such as attending a child's school for an
emergency reason or emergency cancellations by child care providers;
(v) Attendance at
court by an SCS to answer a charge for
a criminal offence, only if RMS considers the granting of family and community
service leave to be appropriate in a particular case.
(c) Family and
community service leave may also be granted for:
(i) An
SCS’s absence during normal working hours to attend meetings, conferences or to
perform other duties, for holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the SCS does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council; and
(ii) An SCS’s
attendance as a competitor in major amateur sport (other than Olympic or
Commonwealth Games) or if an SCS is selected to represent Australia or the
State.
(d) Family and
community service leave shall accrue as follows:
(i) in the first 12
months of service 2.5 days.
(ii) in the second
year of service 2.5 days.
(iii) for each
completed year of service after 2 years of service 1 day
(e) Where family and
community service leave has been exhausted, additional paid family and
community service leave of up to 3 days may be granted on a discrete, ‘per
occasion’ basis to a SCS to cover the period necessary to arrange or attend the
funeral of a family member or relative.
(f) For the
purposes of this subclause, ‘family’ means:
spouse;
de facto spouse, being a person of the opposite sex who
lives in the same house as their husband or wife on a bona fide basis, although
they are not legally married;
child or adult child (including an adopted child, step
child, foster child or ex-nuptial child);
parent (including a foster parent or legal guardian);
grandparent or grandchild;
sibling (including the sibling of a spouse or de facto
spouse);
same sex partner who they live with as a de facto
partner on a bona fide domestic basis; or
relative who is a member of the same household where,
for the purposes of this definition -
'relative' means - a person related by blood, marriage,
affinity or Aboriginal kinship structures;
'affinity' means - a relationship that one spouse or
partner has to the relatives of another; and
'household' means - a family group living in the same
domestic dwelling.
(g) Subject to
approval, accrued sick leave may be accessed when family and community service
leave has been exhausted, to allow SCSs to provide short-term care or support
for a family member who is ill.
(h) Access to other
forms of leave is available to SCSs for reasons related to family
responsibilities or community service, subject to approval. These include:
(i) Leave without
pay
(ii) Make up time.
(i) Depending on
the circumstances, an individual form of leave, or a combination of leave
options may be taken. It is RMS’s intention that each request for family and
community service leave be considered equitably and fairly.
(j) SCSs appointed
to RMS who have had immediate previous employment in the NSW Public Sector may
transfer their family and community service leave accruals from the previous
employer.
(k) Bereavement
entitlements for casual employees
(i) Casual SCSs are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in paragraph (e) of this subclause.
(ii) RMS and the
SCS shall agree on the period for which the employee will be entitled to not be
available to attend work. In the absence of agreement, the SCS is entitled to not
be available to attend work for up to 48 hours (i.e. two days) per occasion.
The SCS is not entitled to any payment for the period of non-attendance.
(iii) If required by
RMS, the SCS must establish the need to take leave, by production of evidence,
such as a death certificate or statutory declaration providing details of the
circumstances of death.
(iv) RMS shall not
fail to re-engage a casual SCS because the employee accessed the entitlements
provided for in this subclause. The rights of RMS to engage or not engage a
casual SCS is otherwise not affected.
(l) Personal Carers
Entitlement for casual employees
(i) Casual SCSs are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in paragraph (e) of this subclause who are sick
and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(ii) RMS and the
SCS shall agree on the period for which the SCS will be entitled to not be
available to attend work. In the absence of agreement, the employee is entitled
to not be available to attend work for up to 48 hours (i.e. two days) per
occasion. The SCS is not entitled to any payment for the period of
non-attendance.
(iii) If required by
RMS, the SCS must establish, by production of a medical certificate or
statutory declaration, the illness of the person concerned.
(iv) RMS shall not
fail to re-engage a casual SCS because the employee accessed the entitlements
provided for in this clause. The rights
of RMS to engage or not to engage a casual SCS are otherwise not affected.
12. Travelling to a
Temporary Work Location
(a) Permanent SCSs
required to travel to a temporary work location will be entitled to ordinary
time payment for the additional time taken to travel to the temporary work
location compared to the time that they normally take to travel to their
headquarters.
(b) Where permanent
SCSs travel by public transport to a temporary work location, they will be
entitled to reimbursement of any additional fares paid.
(c) Subject to
clause 15, Training, casual SCSs are not entitled to excess fares or travel to
a work location.
13. Relocation of
School Crossing Supervisors
(a) RMS may relocate
SCSs, either temporarily or permanently, where another location is available
within a reasonable distance.
(b) Reasons for the
transfer may include, but are not limited to:
(i) Where an SCS is
no longer required on a site for reasons outlined in subclause 14 (d);
(ii) for performance
management or disciplinary reasons; or
(iii) For other
reasons at RMS’s discretion.
(c) SCSs are not
entitled to relocation expenses.
14. Termination
(a) Subject to (b)
below, permanent SCSs who wish to cease their employment must provide RMS with
at least two weeks’ notice.
(b) Permanent SCSs
who do not wish to continue their employment in a new school year must inform
RMS of their intention to cease their employment prior to 1 December of the
previous year.
(c) Should RMS
terminate the employment of permanent SCSs for any other reason, apart from
serious or wilful misconduct, RMS must provide the SCSs with the following
period of notice (or payment in lieu), based on the length of continuous
service:
Continuous Service
|
Period of Notice
|
|
|
Not more than 1 year
|
at least 1 week
|
More than 1 year, but less than 3 years
|
at least 2 weeks
|
More than 3 years, but less than 5 years
|
at least 3 weeks
|
More than 5 years
|
at least 4 weeks
|
NB: ‘service’ includes all time worked for RMS since
1992
The period of notice shall be increased by one week
where the SCS is over 45 years of age and has completed at least two years
continuous service.
(d) Reasons for
termination of employment of permanent SCSs under subclause (c) above may
include, but are not limited to:
(i) the
installation of traffic signals at that site;
(ii) the removal of
a crossing;
(iii) the
installation of an overhead walkway or pedestrian underpass;
(iv) the closure of a
school.
(e) Prior to
terminating the employment of an SCS for any of the reasons outlined in
subclause (d) above, RMS will seek to place SCSs at an alternate location
within a reasonable distance. RMS
cannot guarantee that SCSs will be allocated the same hours of duty if an
alternate location is found.
15. Training
(a) RMS will provide
SCSs with training necessary to conduct their duties. SCSs must attend all
training to which they have been directed.
(b) Training will generally
be provided outside of the normal working hours of a SCS or during school
holidays as necessary.
(c) RMS must set
aside a period of four weeks (in one or two blocks) during which no training
can be organised. This will allow
permanent SCSs to have at least four weeks’ annual recreation leave per year.
(d) RMS must notify
SCSs of the times for training to be undertaken in school holidays at least two
months in advance.
(e) Time spent
training by permanent SCSs will be paid in line with the calculation for
‘additional hours’ and paid for in accordance with subclause 7(d).
(f) Casuals will be
paid for all time spent training in accordance with subclause 7(e).
(g) Casuals required
to travel more than 30 minutes to a training venue will be paid excess fares
and for all time in excess of 30 minutes spent travelling.
16. Criminal Record
Checks
(a) RMS will
undertake criminal record checks on SCSs for any offences relevant to their
employment as a SCS:
(i) prior to their
appointment; and
(ii) at regular
intervals; or
(iii) at RMS’s
discretion.
(b) Such Offences
Will Include, But Will Not be Limited to, the Types of Offences that Prohibit
Employees from Working With Children under the Commission for Children and
Young People Act 1998 (NSW).
(c) RMS may only
take action against a SCS with a criminal record where the offence is related
to their employment as a SCS or the offence is not related to their employment
but they have not informed RMS of their record. Such action may include summary
dismissal.
(d) SCSs must advise
RMS of any charge or conviction against them that may affect their ability to
carry out their duties. Failure to notify RMS of the charge or conviction may
result in summary dismissal.
17. Safety Clothing
and Equipment
(a) SCSs will be
provided with the following safety clothing and equipment:
Hat
Safety Vest
Rain Coat
Rain Pants
Sun Screen 30+
Note Book and Pen
Bum Bag
Water Proof Cap
(b) SCSs must use
the safety clothing and equipment provided (and only the safety equipment
provided) when on duty.
18.
Anti-Discrimination
(a) 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.
(b) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(c) 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.
(d) 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.
(e) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
NOTES
(1) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(2) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
19. Grievance
Resolution and Dispute Settlement
19.1 Grievance
resolution
(a) A grievance is
defined as a personal complaint or difficulty.
A grievance may:
(i) relate to a
perceived denial of an entitlement
(ii) relate to a
perceived lack of training opportunities
(iii) involve a
suspected discrimination or harassment.
(b) RMS has a
grievance resolution policy and grievance resolution guidelines and procedures
which should be observed when grievances arise.
(c) While the
policy, guidelines and procedures are being followed, normal work will
continue.
19.2 Dispute
settlement
(a) A dispute is
defined as a complaint or difficulty which affects more than one staff member.
A dispute may relate to a change in the working conditions of staff that is
perceived to have negative implications for that group.
(b) It is essential
that management and the unions consult on all issues of mutual interest and
concern, not only those issues that are considered likely to result in a
dispute.
(c) Failure to
consult on all issues of mutual interest and concern to management and the
unions is contrary to the intention of these procedures.
(i) If a dispute
arises in a particular work location which cannot be resolved between staff or
their representative and the supervising staff, the dispute must be referred to
RMS's Manager Industrial Relations & Policy or another nominated officer
who will then arrange for the issue to be discussed with the unions.
(ii) If the issue
cannot be resolved at this level, the issue must be referred to senior
management.
(iii) If the issue cannot
be resolved at this level, the issue may be referred to the Industrial
Relations Commission of NSW.
(iv) While these
procedures are continuing, no work stoppage or any other form of work
limitation shall occur.
(v) The unions reserve
the right to vary this procedure where a genuine safety factor is involved in
accordance with subclause 19.3.
19.3 Dispute relating
to WHS issues
(a) RMS and SCSs are
committed to the Work Health and Safety Act 2011 and any other statutory requirements,
at all times.
(b) When an WHS risk
is identified or a genuine safety factor is the source of a dispute:
(i) SCSs have a
duty to notify RMS of the risk to the SCS Work Health and Safety Committee,
and;
(ii) allow RMS a
reasonable amount of time to respond.
(iii) RMS has a duty
to address the issue identified; and
(iv) report on the
issue within a reasonable timeframe.
(c) If a SCS
notifies WorkCover without allowing RMS a reasonable amount of time to respond
to the issue, it is a breach of the legislative provisions.
(d) RMS respects the
rights of all SCSs to refuse to continue working due to a genuine safety issue.
(e) The unions and
SCSs acknowledge that the creation of an industrial dispute over an WHS matter
that is not legitimate is a breach of the legislative provisions under section
268 of the Work Health and Safety Act 2011.
20. Union
Contributions
(a) Where SCSs
authorise RMS in writing to deduct union fees from their wage, RMS will where
practical, make the deduction and forward it to the unions.
(b) SCSs elected as
job representatives, who have notified and have been accepted by RMS as
accredited representatives of the union(s) shall be allowed sufficient time during
working hours to interview the supervisor, manager and/or the staff members who
they represent on matters affecting staff.
21. Secure Employment
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the
disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award pursuant to a part time work agreement made
under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert to
full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Work Health and
Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace work health and
safety consultative arrangements;
(2) provide employees
of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and
Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act
1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
22. Code of Conduct
and Ethics
(a) RMS requires
that all SCSs comply with the Code of Conduct and Ethics.
(b) Where a
disciplinary matter is alleged, suspected or know to have occurred, the SCSs
manager is to take prompt action to:
Escalate the matter to senior management and/or the
General Manager of Control Management Services or Human Resource Strategy as
required
Conduct a fact-finding investigation, if and as
required.
(c) Interviews will
be conducted to:
Present facts or alleged facts that could lead to
disciplinary action being taken against the SCS(s)
Offer an opportunity for the SCS(s) to respond to the
allegations or facts; and
Gather sufficient facts to enable a decision on whether
disciplinary action is appropriate
(d) Disciplinary
action may be initiated when SCSs are involved in matters including but not
limited to:
(i) corrupt
conduct;
(ii) misconduct;
(iii) negligence,
inefficiency or incompetence in the discharge of duties, or
(iv) wilfully disobeying
or disregarding any lawful request or direction given in the course of
employment by any person having the authority to do so.
(e) RMS Discipline
Policy and Discipline Guidelines, should be observed when disciplinary matters
arise.
(f) RMS may suspend
SCSs from duty with or without pay during disciplinary or criminal actions, as
provided for under Section 49 of the Public Sector Management Act 2002 .
(g) As a result of a
disciplinary breach being proven against SCSs, RMS may choose to impose any one
or more of the following sanctions:
(i) a reprimand and
warning;
(ii) transfer;
(iii) suspension
from duty;
(iv) termination of
service.
(h) If a
disciplinary sanction is to be made against an SCS, details of this will be
given in writing.
(i) Except in the
case of termination of services without notice, SCSs will be given seven
calendar days to respond in writing to RMS regarding the sanction proposed or
to provide any further relevant information.
(j) Offers of
resignation will not be accepted until approved by the Disciplinary Panel if
SCSs are likely to be, or currently are the subject of disciplinary action,
where the reason for the action is:
(i) serious
misconduct;
(ii) misappropriation;
(iii) fraud, or
(iv) corrupt conduct.
(k) RMS retains the
right to refer a disciplinary matter to the relevant external body where RMS
has reason to believe it is necessary.
This may include but is not limited to:
(i) the Police;
(ii) the Independent
Commission Against Corruption (ICAC);
(iii) the Ombudsman;
(iv) the Commission
for Children and Young People
(l) SCSs have the
right to appeal any disciplinary action taken against you by RMS before the NSW
or Australian Industrial Relations Commission as is appropriate.
This clause:
does not remove RMS’s right to summarily dismiss a SCS
for gross misconduct or fraud, should the Chief Executive consider such action
appropriate.
must not be construed as requiring the taking of
disciplinary proceedings in order that RMS may dispense with the services of an
RMS officer or any other employee of RMS.
23.
Leave Reserved
Leave is reserved for the parties to review what
is considered a ‘reasonable distance’ for the purposes of relocation during the
life of the Award.
24. Rates of Pay
School Crossing
|
1.7.11
|
Supervisors Category
|
Per hour
|
(refer cl. 7 of award for the
|
|
Calculation of rates)
|
$
|
Base Rate (N)
|
19.4543
|
Permanent SCS (P)
|
18.2383
|
Additional hours/training (A)
|
21.0755
|
Casual SCS (C)
|
23.3452
|
C.G.
STAFF J
____________________
Printed by
the authority of the Industrial Registrar.