New South Wales Lotteries Corporation (Salaries, Allowances and Conditions of Employment) 2008 Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 1683 of 2008)

 

 

REVIEWED 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

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 Hour 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 2008) Award made 16 October 2008 by the NSW Industrial Relations Commission published 15 May 2009 (367 I.G. 1580).

 

"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.

 

"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 s19 review.  The New South Wales Lotteries Corporation (Salaries, Allowances and Conditions of Employment) 2008 Award rescinds and replaces the New South Wales Lotteries Corporation (Salaries, Allowances and Conditions of Employment) 2004 Award, published 23 December 2005 (355 I.G. 636), which award’s term expired on 30 June 2007.

 

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.

 

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 2008	4%
1 July 2009	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 2008, shall only be paid to those employees who are employed as at 7 November 2008.

 

4.        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.

 

5.        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.        The entitlement to salary package in accordance with this clause is available to:

 

(a)      permanent full-time and part-time employees;

 

(b)      temporary employees, subject to the Corporation’s convenience.

 

2         For the purposes of this clause:

 

(a)      "salary" means the salary or rate of pay prescribed for the employee's classification by clause 4, Salaries, or Part B of this Award, and any other payment that can be salary packaged in accordance with Australian taxation law.

 

(b)      "post compulsory deduction salary" means the amount of salary available to be packaged after payroll deductions required by legislation or order have been taken into account. Such payroll deductions may include, but are not limited to, taxes, compulsory superannuation payments, HECS payments, child support payments, and judgement debtor/garnishee orders.

 

3.        By mutual agreement with the Corporation, an employee may elect to package a part or all of their post compulsory deduction salary in order to obtain:

 

(a)      a benefit or benefits selected from those approved by the Corporation; and

 

(b)      an amount equal to the difference between the employee’s salary, and the amount specified by the Corporation for the benefit provided to or in respect of the employee in accordance with such agreement.

 

4.        An election to salary package must be made prior to the commencement of the period of service to which the earnings relate.

 

5.        The agreement shall be known as a Salary Packaging Agreement.

 

6.        Except in accordance with subclause 7, a Salary Packaging Agreement shall be recorded in writing and shall be for a period of time as mutually agreed between the employee and the Corporation at the time of signing the Salary Packaging Agreement.

 

7.        Where an employee makes an election to sacrifice a part or all of their post compulsory deduction salary as additional employer superannuation contributions, the employee may elect to have the amount sacrificed:

 

(a)      paid into the superannuation fund established under the First State Superannuation Act 1992; or

 

(b)      where the employer is making compulsory employer superannuation contributions to another complying superannuation fund, paid into the same complying fund; or

 

(c)      subject to the Corporation’s agreement, paid into another complying superannuation fund.

 

8.        Where the employee makes an election to salary sacrifice, the employer shall pay the amount of post compulsory deduction salary, the subject of election, to the relevant superannuation fund.

 

9.        Where the employee makes an election to salary package and where the employee is a member of a superannuation scheme established under the:

 

(a)      Superannuation Act 1916;

 

(b)      State Authorities Superannuation Act 1987; or

 

(c)      State Authorities Non-contributory Superannuation Act 1987,

 

the Corporation must ensure that the employee’s superable salary for the purposes of the above Acts, as notified to the SAS Trustee Corporation, is calculated as if the Salary Packaging Agreement had not been entered into.

 

10.      Where the employee makes an election to salary package, and where the employee is a member of a superannuation fund other than a fund established under legislation listed in subclause 9 of this clause, the Corporation must continue to base contributions to that fund on the salary payable as if the Salary Packaging Agreement had not been entered into.  This clause applies even though the superannuation contributions made by the Corporation may be in excess of superannuation guarantee requirements after the salary packaging is implemented.

 

11.      Where the employee makes an election to salary package:

 

(a)      subject to Australian Taxation law, the amount of salary packaged will reduce the salary subject to appropriate PAYG taxation deductions by the amount packaged; and

 

(b)      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, Act or statute which is expressed to be determined by reference to the employee’s rate of pay, shall be calculated by reference to the rate of pay which would have applied to the employee under clause 4, Salaries, or Part B of this Award if the Salary Packaging Agreement had not been entered into.

 

12.      The Corporation may vary the range and type of benefits available from time to time following discussion with the Association.  Such variations shall apply to any existing or future Salary Packaging Agreement from date of such variation.

 

13.      The Corporation will determine from time to time the value of the benefits provided following discussion with the Association.  Such variations shall apply to any existing or future Salary Packaging Agreement from the date of such variation.  In this circumstance, the employee may elect to terminate the Salary Packaging Agreement.

 

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 of 4% effective from the first full pay period to commence on or after 1 July 2008, and a further increase of 4% with effect from the first full pay period to commence on or after 1 July 2009.

 

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 2010.

 

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 study 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. The Long Service Leave Act 1955 provides long service leave for casual employees.

 

(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.

 

(g)      Casual employees are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, Section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996.  The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

(i)       The Corporation must not fail to re-engage a regular casual employee (see Section 53(2) of the Act) because:

 

(a)      the employee or employee’s spouse is pregnant; or

 

(b)      the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(h)      Personal Carers Entitlement for casual employees

 

(i)       Casual employees are entitled to not be available to attend work, or to leave work if they need to care for a family member described in clause 20.14(b) of the award who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.  This entitlement is subject to the evidentiary requirements set out below in (iv), and the notice requirements set out in (v).

 

(ii)       The Corporation and the casual employee shall agree on the period for which the employee is entitled to not be available to attend work.  In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion.  The casual employee is not entitled to any payment for the period of non-attendance.

 

(iii)      The Corporation must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause.  The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

 

(iv)      The casual employee shall, if required:

 

(a)      establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

(b)      establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, a casual employee must not take carer’s leave under this subclause where another person had taken leave to care for the same person.

 

(v)      The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty.  If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of the absence.

 

(i)       Bereavement entitlements for casual employees

 

(i)       Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a family member on production of satisfactory evidence (if required by the employer).

 

(ii)       The Corporation and the casual employee shall agree on the period for which the employee is entitled to not be available to attend work.  In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion.  The casual employee is not entitled to any payment for the period of non-attendance.

 

(iii)      The Corporation must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause.  The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

(iv)      The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty.  If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of the absence.

 

5.        Secure Employment

 

(a)      Objective of this Clause

 

The objective of this clause is for the Corporation to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the Corporation’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 the Corporation 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)       The Corporation shall give the employee notice in writing of the provisions of this subclause within four weeks of the employee having attained such a period of six months. However, the employee retains his or her right of election under this subclause if the Corporation fails to comply with this notice.

 

(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 Corporation 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 me 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 Clause 34 Grievance and Dispute Resolution of this award.

 

(iv)      Any casual employee who does not, within four weeks of receiving written notice from the Corporation, 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 Corporation.

 

(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 Corporation and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:

 

(a)      whether the employee will convert to full time or part time employment; and

 

(b)      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 Corporation 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 Clause 34 Grievance and Dispute Resolution of this award.

 

(viii)    An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

(c)      Occupational Health and Safety

 

(i)       For the purposes of this subclause, the following definitions shall apply:

 

(a)      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.

 

(b)      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 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)       The Corporation when engaging a labour hire business and/or a contract business to  or partially on the Corporation’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

(a)      consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

(b)      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;

 

(c)      provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees: and

 

(d)      ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

(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 Occupational Health and Safety Act 2000 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 Clause 34 Grievance and Dispute Resolution 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.

 

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 (ie 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, ie 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, ie 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:

 

(e)      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.

 

(f)       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.

 

(g)      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.

 

(h)      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.

 

(i)       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.

 

(c)      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.

 

(d)      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.

 

(e)      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.

 

(f)       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.

 

(g)      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.

 

(h)      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, full-pay and half-pay;

 

short paid other parent 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 adoption leave does not exceed six months;

 

short paid other parent leave at full-pay;

 

short paid other parent leave at half-pay, which accrues all leave at half the rate;

 

unpaid other parent 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 other parent 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.        Parental Leave

 

Parental leave includes maternity leave, adoption leave and "other parent" leave.

 

(a)      Maternity leave shall apply to an employee who is pregnant and, subject to this clause, the employee shall be entitled to be granted maternity leave as follows:

 

(i)       for a period of up to nine weeks prior to the expected date of birth; and

 

(ii)       for a further period of up to twelve months after the actual date of birth.

 

(iii)      an employee who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.

 

(b)      Adoption leave shall apply to an employee adopting a child and who will be the primary care giver, the employee shall be granted adoption leave as follows:

 

(i)       for a period of up to twelve months if the child has not commenced school at the date of the taking of custody, or

 

(ii)       for such period, not exceeding twelve months on a full-time basis, as the Corporation may determine, if the child has commenced school at the date of the taking of custody.

 

(iii)      Special Adoption Leave - an employee shall be entitled to special adoption leave (without pay) for up to 2 days to attend interviews or examinations of the purposes of adoption.  Special adoption leave may be taken as charges against recreation leave, extended leave, flex time, rostered time off or family and community services leave.

 

(c)      Where maternity or adoption leave does not apply, "other parent" leave is available to male and female staff who apply for leave to look after his/her child or children.  Other parent leave applies as follows:

 

(i)       Short other parent leave - an unbroken period of up to eight weeks at the time of the birth of the child or other termination of the spouse’s or partner’s pregnancy or, in the case of adoption, from the date of taking custody of the child or children.

 

(ii)       Extended other parent leave - for a period not exceeding twelve months, less any short other parent leave already taken by the employee as provided for in paragraph (i) of this subclause.  Extended other parent leave may commence at any time up to 2 years from the date of birth of the child or the taking of custody of the child.

 

(d)      An employee taking maternity or adoption leave is entitled to payment at the ordinary rate of pay for a period of 14 weeks.  An employee entitled to short other parent leave is entitled to payment at the ordinary rate of pay for a period of up to 1 week, provided the employee:

 

(i)       Applied for parental leave within the time and in the manner determined set out in subclause (i) of this clause; and

 

(ii)       Prior to the commencement of parental leave, completed not less than 40 weeks' continuous service.

 

(iii)      Payment for the maternity, adoption or short other parent leave may be made as follows:

 

(a)      in advance as a lump sum; or

 

(b)      fortnightly as normal; or

 

(c)      fortnightly at half pay; or

 

(d)      a combination of full‑pay and half pay.

 

(e)      Payment for maternity, adoption or other parent leave is at the rate applicable when the leave is taken. An employee holding a full time position who is on part time leave without pay when they start parental leave is paid:

 

(i)       at the full time rate if they began part time leave 40 weeks or less before starting maternity, adoption or other parent leave;

 

(ii)       at the part time rate if they began part time leave more than 40 weeks before starting maternity, adoption or other parent leave and have not changed their part time work arrangements for the 40 weeks;

 

(iii)      at the rate based on the average number of weekly hours worked during the 40 week period if they have been on part time leave for more than 40 weeks but have changed their part time work arrangements during that period.

 

(f)       An employee who has taken no more than 12 months full time maternity, adoption or other parent leave or its part time equivalent is entitled to be paid at their normal rate (i.e. the rate at which they were paid before proceeding on parental leave) for another period of such leave regardless of whether they resume their normal hours of work before proceeding on leave for another pregnancy or adoption.

 

(g)      Except as provided in subclauses (d), (e) and (f) of this clause, maternity, adoption or other parent leave shall be granted without pay.

 

(h)      Right to request

 

(i)       An employee who has been granted maternity, adoption or other parent leave in accordance with subclause (a), (b) or (c) may make a request to the Corporation to:

 

(a)      extend the period of unpaid maternity, adoption or other parent leave for a further continuous period of leave not exceeding 12 months;

 

(b)      return from a period of full time maternity, adoption or other parent leave on a part time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

(ii)       The Corporation shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(i)       Notification Requirements

 

(i)       An employee who wishes to take parental leave must notify the Corporation in writing at least 8 weeks (or as soon as practicable) before the expected commencement of parental leave:

 

(a)      that she/he intends to take maternity, adoption or other parent leave, and

 

(b)      the expected date of birth or the expected date of placement, and

 

(c)      if she/he is likely to make a request under subclause (h).

 

(ii)       At least 4 weeks before an employee's expected date of commencing maternity, adoption or other parent leave they must advise:

 

(a)      the date on which the maternity, adoption or other parent leave is intended to start, and

 

(b)      the period of leave to be taken.

 

(iii)      Employee’s request and the employer’s decision to be in writing

 

The employee’s request and the Corporation’s decision made under subclause 20.2(h)(i) and 20.2(h)(ii) must be recorded in writing.

 

(iv)      A employee intending to request to return from maternity, adoption or other parent leave on a part time basis or seek an additional period of leave of up to 12 months must notify the Corporation in writing as soon as practicable and preferably before beginning maternity, adoption or other parent leave. If the notification is not given before commencing such leave, it may be given at any time up to 4 weeks before the proposed return on a part time basis, or later if the Corporation agrees.

 

(v)      An employee on maternity leave is to notify the Corporation of the date on which she gave birth, within two weeks of the date of birth..

 

(vi)      An employee must notify the Corporation within two weeks of any change in their intentions as a result of premature delivery or miscarriage.

 

(vii)     An employee on maternity or adoption leave may change the period of leave or arrangement, once without the consent of the Corporation and any number of times with the consent of the Corporation. In each case she/he must give the Corporation at least 14 days notice of the change unless the Corporation decides otherwise.

 

(j)       An employee has the right to his/her former position if she/he has taken approved leave or part time work in accordance with subclause (h), and resumes duty immediately after the approved leave or work on a part time basis.

 

(k)      If the position occupied by the employee immediately prior to the taking of maternity, adoption or other parent leave has ceased to exist, but there are other positions available that the employee is qualified for and is capable of performing, the employee shall be appointed to a position of the same grade and classification as the employee’s former position.

 

(l)       A staff member does not have a right to her/his former position during a period of return to work on a part time basis. If the Department Head approves a return to work on a part time basis then the position occupied is to be at the same classification and grade as the former position.

 

(m)     An employee who has returned to full time duty without exhausting their entitlement to twelve months unpaid maternity, adoption or other parent leave is entitled to revert back to such leave. This may be done once only, and a minimum of four weeks notice (or less if acceptable to the Corporation) must be given.

 

(n)      An employee who is sick during her pregnancy may take available paid sick leave or accrued recreation or extended leave or sick leave without pay. An employee may apply for accrued recreation leave, extended leave or leave without pay before taking maternity leave. Any leave taken before maternity leave ceases at the end of the working day immediately preceding the day she starts her nominated period of maternity leave or on the working day immediately preceding the date of birth of the child, whichever is sooner.

 

(o)      An employee may elect to take available recreation leave or extended leave within the period of maternity, adoption or other parent leave provided this does not extend the total period of such leave.

 

(p)      If, for any reason, a pregnant employee is having difficulty in performing her normal duties or there is a risk to her health or to that of her unborn child the Corporation should, in consultation with the employee, take all reasonable measures to arrange for safer alternative duties.

 

(q)      If such adjustments cannot reasonably be made, the Corporation must grant the employee maternity leave, or any available sick leave, for as long as it is necessary to avoid exposure to that risk as certified by a medical practitioner, or until the child is born, whichever is the earlier.

 

(r)       Communication during maternity, adoption or other parent leave

 

(i)       Where an employee is on maternity, adoption or other parent leave and a definite decision has been made to introduce significant change at the workplace, the Corporation shall take reasonable steps to:

 

(a)      make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing maternity, adoption or other parent leave; and

 

(b)      provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing maternity, adoption or other parent leave.

 

(ii)       The employee shall take reasonable steps to inform the Corporation about any significant matter that will affect his/her decision regarding the duration of maternity, adoption or other parent leave to be taken, whether the employee intends to return to work and whether he/she intends to request to return to work on a part time basis.

 

(iii)      The employee shall also notify the Corporation of changes of address or other contact details which might affect the Corporation’s capacity to comply with paragraph 20.2(r)(i).

 

3.        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).

 

4.        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 on Sundays and/or Public Holidays	Number of additional
during 1 December30 November or part thereof	days leave
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.

 

5.        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.

 

6.        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

 

7.

 

(a)      Sick Leave - Workers’ Compensation

 

(i)       This clause applies where an employee is, or becomes, unable to attend for work, or to continue 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.

 

8.        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.

 

9.        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.

 

10.      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.

 

11.      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.

 

12.      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.

 

(b)      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.

 

(c)      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.

 

(d)      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.

 

(e)      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.

 

(f)       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.

 

(g)      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.

 

(h)      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.

 

(i)       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.

 

(j)       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.

 

(k)

 

(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.

 

(l)       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.

 

(m)     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.

 

(n)      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.

 

(o)      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.

 

(p)      Any payment under this clause is in addition to any payment due under any Act under which superannuation benefits are paid.

 

(q)      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 is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the New South Wales Lotteries Corporation (Salaries, Allowances and Conditions of Employment) 2004 Award published 23 December 2005 (355 I.G. 636)  and all variations thereof.

 

3.        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 30 April 2009.

 

4.        The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

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	1/7/2007	1/7/2008	1/7/2009
Clerical Officers	Step		4% increase	4% increase
		$	$	$
Grade 1-2 Junior Pay
Scale1st Year (under19 years of age at
commencement)	1	25,452	26,470	27,529
2nd Year (19 years of age at commencement)	2	32,723	34,032	35,393
3rd Year (20 years of age at commencement)	3	36,229	37,678	39,185
Over 21 years of age at commencement
1st Year	4	38,448	39,986	41,585
2nd Year	5	40,857	42,491	44,191
3rd Year	6	43,903	45,659	47,485

 

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		1/7/2007	1/7/2008	1/7/2009
Clerks Grades 1 -12	New Pay Step		4% increase	4% increase
		$	$	$
Grade 1
1st Year	13	46,320	48,173	50,100
Thereafter	14	47,682	49,589	51,573
Grade 2
1st Year	15	49,012	50,972	53,011
Thereafter	16	50,356	52,370	54,465
Grade 3
1st Year	17	51,784	53,855	56,009
Thereafter	18	53,344	55,478	57,697
Grade 4
1st Year	19	55,010	57,210	59,498
Thereafter	20	56,701	58,969	61,328
Grade 5
1st Year	21	61,128	63,573	66,116
Thereafter	22	63,056	65,578	68,201
Grade 6
1st Year	23	65,527	68,148	70,874
Thereafter	24	67,448	70,146	72,952

 

Grade 7
1st Year	25	69,468	72,247	75,137
Thereafter	26	71,546	74,408	77,384
Grade 8
1st Year	27	74,527	77,508	80,608
Thereafter	28	76,896	79,972	83,171
Grade 9
1st Year	29	79,188	82,356	85,650
Thereafter	30	81,414	84,671	88,058
Grade 10
1st Year	31	84,738	88,128	91,653
Thereafter	32	87,263	90,754	94,384
Grade 11
1st Year	33	91,589	95,253	99,063
Thereafter	34	95,472	99,291	103,263
Grade 12
1st Year	35	101,454	105,512	109,732
Thereafter	36	105,923	110,160	114,566

 

SCHEDULE 2

 

SALARY RELATED ALLOWANCES

 

The rates shown are to apply from the first pay period on or after the dates detailed hereunder:

 

Allowance	1/7/2007	1/7/2008	1/7/2009
		4% increase	4% increase
	$	$	$
(i) First-aid	666	693	721
(ii) Occupational First Aid	1,002	1,042	1,084
(iii) Community Language	1,036	1,077	1,120
(iv) Forklift Driving Allowance	1,036	1,077	1,120

 

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 2008 and to apply for 2008-2009 financial year.

 

	Accommodation	Breakfast	Lunch	Dinner	Incidental
	Expenses				Expenses
	$	$	$	$	$
Adelaide	145.00	21.10	23.65	40.65	15.90
Brisbane	198.00	21.10	23.65	40.65	15.90
Canberra	133.00	21.10	23.65	40.65	15.90
Darwin	159.00	21.10	23.65	40.65	15.90
Hobart	117.00	21.10	23.65	40.65	15.90
Melbourne	162.00	21.10	23.65	40.65	15.90
Perth	148.00	21.10	23.65	40.65	15.90
Sydney	183.00	21.10	23.65	40.65	15.90

 

High Cost Country	(See Note below)	21.10	23.65	40.65	15.90
Tier 2 Country
Centres	106.00	18.85	21.55	37.15	15.90
(See Note below)
Other Country
Centres	89.00	18.85	21.55	37.15	15.90

 

High Cost Country Centres - Accommodation Expenses

 

Country Centre	$	Country Centre	$
Ballarat (Vic)	116.00	Jabiru (NT	190.00
Broome (WA)	173.00	Karratha (WA)	243.50
Burnie (TAS)	123.00	Kununurra (WA)	147.00
Carnarvon (WA)	133.00	Newcastle (NSW)	116.50
Christmas Island	122.50	Newman (WA)	150.00
Cocos (Keeling) Island	110.00	Pt Hedland (WA)	247.00
Dampier (WA)	158.50	Pt Lincoln (SA)	106.00
Devonport (TAS)	115.50	Thursday Island (QLD)	180.00
Gold Coast (QLD)	135.00	Weipa (QLD)	138.00
Horn Island (QLD)	139.00

 

Tier 2 Country Centres include: Albany (WA), Alice Springs (NT),  Bathurst (NSW), Bunbury (WA), Orange (NSW), Wagga Wagga (NSW), Wollongong , 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)	$15.65
(a)(ii)	$23.60
(a)(iii)	$15.65
(a)(iv)	$23.65	subsequent meal allowance of  $15.65
(a)(v)	$23.65	subsequent meal allowance of  $15.65

 

(3)      Use of Private Motor Vehicles (Subclause 19.3)

 

Motor Car Allowance - Official Business

 

Engine Capacity	Rate per Kilometre
2601 and over	86.2 cents
1601cc-2600cc	80.3 cents
1600cc or less	57.5 cents

 

(4)      Garage Allowance (Subclause 19.4)

 

An allowance of $535 per annum.

 

(5)      Home Office Allowance (Subclause 19.5)

 

An allowance of $756 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 (Public Service Conditions of Employment) Reviewed Award 2006 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 (Public Service Conditions of Employment) Reviewed Award 2006 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%

 

 

 

D.W. RITCHIE, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.