Broken Hill City Council Consent Award 2005

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Local Government Association of New South Wales, Industrial Organisation of Employers.

 

(No. IRC 1595 of 2006)

 

 

AWARD

 

Arrangement

 

Clause No.         Subject Matter

 

1.         Anti-discrimination

2.         Classifications and Hours of Work

A.       Full-time Employees

B.        Part-time Employees

C.        Casual Employees

3.         Weekend Penalty Rates (ordinary hours)

4.         Overtime

5.         Wages

6.         Holidays

7.         Long Service Leave

8.         Sick Leave

9.         Special Leave

10.       Accident Pay

11.       Miscellaneous Provisions

12.       Special Conditions

13.       Past Practices

14.       Redundancy

15.       Cooling Off Period

16.       Grievance and Dispute Procedures

17.       Duration of Award

18.       Posting of Award

19.       Saving and Transitional Provisions

20.       Outsourcing

21.       Occupational, Health & Safety Obligations

22.       Leave Reserved

 

APPENDIX A

 

Rates of Pay

 

1.  Anti-Discrimination

 

(i)         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.

 

(ii)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(iii)       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.

 

(iv)       Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

(v)        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

 

(a)        Broken Hill City Council and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        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."

 

2.  Classifications and Hours of Work

 

A.        FULL-TIME EMPLOYEES

 

(a)        Employees shall work the following hours during a two week period.

 

(i)         Wages Staff shall work 76 hours per fortnight.  8 hours 26 minutes are to be worked each day between the hours of 7.00 am and 3.26 pm with a half hour’s meal break to be taken in the employer’s time.  These hours may be amended following mutual agreement between Council and the relevant Union.  Lunch breaks are to be taken on the job site where adequate facilities are available.

 

(ii)        Salaried Office Staff shall work 70 hours per fortnight.  7 hours 46 minutes are to be worked each day between the hours of 8.30 am and 5.00 pm with a 44 minute meal break to be taken in the employee’s time.  These hours may be amended following mutual agreement between Council and the relevant Union.

 

(iii)       All employees shall be entitled to a rostered day off once in every two (2) week period.

 

(b)

 

(i)         When a public holiday clashes with a rostered day off, the general rule will be to take the next working day as a rostered day off.  Approval to accumulate rostered days off may be granted in special circumstances by the departmental head.

 

(ii)        Long Service Leave, Holidays and Sick Leave will not attract rostered days off where a rostered day off falls within that period of leave.

 

(iii)       Clerical employees whose Rostered Day Off normally falls mid week are entitled to take a RDO with annual leave provided they have worked the hours necessary to take an RDO.

 

(iv)      Rostered Days Off for wages staff to be a common date (i.e. shutdown) except for skeleton staff as determined by departmental head:

 

(v)       Rosters to be prepared by departmental head at least two weeks in advance.

 

(vi)      It is essential that all employees working a nine (9) day fortnight be aware that the first priority is the maintenance of acceptable work flows.  Accordingly there will need to be co-operation between staff and management in planning of working days rostered so that adequate staff resources are available at all times to service public needs as well as providing interdepartmental office communication and services.

 

B.         PART-TIME EMPLOYEES

 

(i)         A part-time employee shall mean an employee who is engaged on the basis of a regular number of hours which are less than the full-time ordinary hours in accordance with Clause 2A(a) (i) Wages Staff or (ii) Salaried Office Staff.

 

(ii)        Prior to commencing part-time work the Council and the employee shall agree upon the conditions under which the work is to be performed including:

 

(a)        The hours to be worked by the employee, the days upon which they shall be worked and the commencing times for the work.

 

(b)       The nature of the work to be performed.

 

(c)        The rate of pay as paid in accordance with this award.

 

(iii)       The conditions may also stipulate the period of part-time employment.

 

(iv)       The conditions may be varied by consent.

 

(v)        The conditions or any variation to them must be in writing and retained by the Council. A copy of the conditions and any variations to them must be provided to the employee by the Council.

 

(vi)

 

(a)        Where it is proposed to alter a full-time position to become a part-time position such proposal shall be referred to the Barrier Industrial Council for information, until such time as the agreed Consultative Committee is formed.

 

(b)       In such cases Council and the employee shall agree upon the conditions, if any, of return to full-time work.

 

(vii)      A part-time employee may work more than their regular number of hours at their ordinary hourly rate by agreement. Where an employee works hours outside the spread of hours in Clause 2A (a) (i) Wages Staff or (ii) Salaried Office Staff, the provisions of Clause 4, Overtime, shall apply.

 

(viii)     Part-time employees shall receive all conditions prescribed by the award on a pro-rata basis of the regular hours worked. An adjustment to the accrued leave entitlements may be required at the conclusion of each service year based on the proportion of actual hours worked.

 

(ix)       Where a public holiday falls on a day where a part-time employee would have regularly worked the employee shall be paid for the hours normally worked on that day.

 

(x)        A change to full-time employment from part-time employment or to part-time employment from full-time employment shall not constitute a break in the continuity of service. All accrued entitlements shall be calculated in proportion to the hours worked in each employment arrangement.

 

C.         CASUAL EMPLOYEES

 

(i)         A casual employee shall mean an employee engaged on a day to day basis.

 

(ii)        A casual employee shall be paid the hourly rate for ordinary hours worked in accordance with Clause 2 A(a) (i) Wages Staff or (ii) Salaried Office Staff.

 

(iii)       Overtime shall be paid where a casual employee works outside the ordinary hours for that position. In cases where there are no ordinary hours for the position, overtime shall be paid for the hours worked in excess of those prescribed in Clause 2A(a)(i) Wages Staff or (ii) Salaried Office Staff.

 

(iv)       In addition to the amounts prescribed by subclause (ii) of this clause, a twenty-five percent loading, calculated on the ordinary hourly rate, shall be paid. This loading shall not attract any penalty. This loading shall be paid in lieu of all leave and severance pay, except for paid maternity leave, prescribed by the award.

 

(v)        Casual employees engaged on a regular and systematic basis shall:

 

(a)        Have access to annual assessment under Council's salary system.

 

(b)       Have their service as a casual counted as service for the purpose of calculating long service leave where the service as a casual employee is continuous with their appointment to a permanent position on Council's structure. In calculating the long service leave entitlement in such cases there shall be a deduction of the long service leave accrued whilst the employee was employed as a casual.

 

(vi)       A casual employee shall not replace an employee of Council on a permanent basis.

 

(vii)      Carer’s entitlements shall be available for casual employees as set out in subclause (vii) of Clause 9 (A) of this award.

 

(viii)     Bereavement entitlements shall be available for casual employees as set out in subclause (ii) of Clause 9 (A), of this award.

 

(ix)       Parental leave entitlements shall be available for casual employees in accordance with Part 4, Parental Leave, of the Industrial Relations Act 1996 (NSW).

 

(c)        Starting Point

 

All employees shall start and finish at the various Council depots and Administration Centre and where adequate lunching facilities are available shall have lunch at the work site.  Employees may be required to start and finish at the work site if practical.

 

(d)       General

 

All time necessary in garaging of machines shall be included in the employer’s time.

 

3.  Weekend Penalty Rates (Ordinary Hours)

 

Employees required to work on a Saturday and/or Sunday, as part of their ordinary hours or roster, shall be paid the following penalties for ordinary hours so worked:

 

(a)        Saturday - Time + 25%

 

(b)        Sunday - Time + 50%

 

This clause applies to full-time and permanent part-time employees situated at Council’s Visitors Information Centre, Library, Entertainment Centre, GeoCentre, Art Gallery and Waste Services.

 

This clause will not apply to those full-time and permanent part-time employees who work ordinary hours on weekends and currently receive over award payments being the positions of; Pool Attendant/Cleaner, Airport Reporting Officer, dog Control Officer and Living Desert Ranger.

 

4.  Overtime

 

(a)

 

(i)         Normal Working Week/Saturday/Sunday

 

Overtime shall be paid at double time rates for all hours worked.

 

(ii)        Public Holidays

 

In any case where an employee is required to work on a public holiday (as defined in Clause 6 (a) (i)) they shall receive double time rates in addition to their ordinary pay.

 

(b)        Any employee of the Council who has completed their normal and regular hours of work whether on or off the premises at the time of request, is called to work overtime, other than planned overtime, of less than four (4) hours, shall be paid overtime at the rate that applies in Clause 4 (a) for four (4) hours.

 

(c)

 

(i)         Where an employee has to work after the usual finishing time for a period of 1 ½ hours, shall be provided by the employed, or alternatively, the employee shall be paid an indexed allowance based upon that currently applicable in lieu of such meal.

 

(ii)        If overtime continues beyond one and a half hours (1½ ) hours, then for each additional four hours worked an additional meal shall be provided or, alternatively, the employee shall be paid an indexed allowanced based upon that currently applicable in lieu of such meal.

 

(d)        Where a meal is due and overtime is to extend beyond that time, a break of twenty (20) minutes shall be allowed in which to eat the meal.

 

(e)        Transport shall be provided for all employees required to work on other than planned work which is outside their normal working time.

 

(f)         A wages employee shall receive a paid thirty (30) minute meal break or in lieu, an allowance after four (4) continuous hours on any or all overtime worked on Saturdays and Sundays.

 

(g)        On Call Allowance

 

(i)         All employees shall be deemed to be on-call if required by the Council to be available for duty outside of ordinary hours at all times in order to attend emergency and/or breakdown work.

 

(ii)        Employees who are required to be on-call are not required to remain at their usual place of residence or other place appointed by Council. However, an on-call employee must be able to be contacted and be able to respond within a reasonable time.

 

(iii)       Employees required to be on call on days when they would ordinarily work, or would have ordinarily worked but for a public holiday, shall be paid an allowance of $10.00 per day for each day the employee is required to be on call.

 

(iv)       Employees required to be on call on days other than their ordinary working days shall be paid an on call allowance of $20.00 per day for each such day the employee is required to be on call.

 

(v)        Provided that the on call allowances in subclauses (iii) and (iv) of this clause shall not total more than $60.00 for any one week.

 

5.  Wages (Appendix A)

 

(a)        The wages to be paid under this Award are to be fixed in the manner hereinafter described.

 

(i)         The minimum wage for each position shall be an amount based on the current entry level rates of pay plus an amount equivalent to the now defunct over award payment and Broken Hill Allowance.

 

(ii)        Wage rates existing at the date prior to this Award in relation to all employees shall be increased as follows:

 

 

(b)        Any person sent home on account of wet weather shall be paid for time lost.

 

(c)        Employees rostered to work as shift workers and not otherwise provided for in this Award shall be paid an indexed allowance based on the wage increases outlined in Clause 5 (a) (ii).

 

(d)

 

(i)         All tradespersons and apprentices, shall provide their tools.  All tradespersons and apprentices shall replace lost tools at their own expense.  All worn tools shall be replaced by Council to tradespersons and apprentices e.g. files, hacksaw blades, brushes, etc.

 

(ii)        Where theft of tools owned by tradespersons and apprentices occurs and is reported to the Police Department by the owner, the Council shall replace the tools stolen.  Damaged tools will be replaced at the discretion of a supervisor.

 

(iii)       Tradespersons who are required to work in a second trade shall be supplied with the necessary tools for the second trade.

 

(e)

 

(i)         Any permanent employee required to work a rostered shift where the starting time is before 6.00 am or the ceasing time is later than 6.00 pm shall be paid their ordinary pay plus an indexed allowance based upon that currently applicable for the shift so worked.

 

(ii)        Provided the indexed shift allowance based upon that currently applicable shall not be paid on any shift where overtime is paid, that is Saturday, Sunday or Public Holiday shift or for shifts worked during the normal Award hours, that is normal day work.

 

(iii)       A permanent employee called upon to work a broken shift shall be paid an indexed allowance based upon that currently applicable per shift in addition to their ordinary pay.

 

A broken shift shall not exceed a span of twelve (12) hours.

 

(iv)       Where an employee is required to work on a shift and such employee has not had at least eight hours rest from the cessation of the last shift such shift shall be deemed to be a quick shift and shall be paid for at the rate of double time.

 

(f)         Living Away From Home

 

(i)         The Council shall meet travelling, accommodation and subsistence expenses incurred whilst an employee is engaged on work which required them to live away from home.  Where practicable, allowances payable under this sub-clause shall be paid prior to the employee leaving to commence the work which requires them to live away from home.  Where possible living away from home allowance shall be paid through the payroll.

 

(g)        Cleaners

 

Cleaners employed by Broken Hill City Council shall be paid as follows:

 

(i)         Cleaners shall be allowed one weekend off in three.

 

(ii)        Except in an emergency, permanent cleaners will not be available for work on a rostered day off.  An emergency shall be determined by the Council.  In the event of such an emergency occurring the cleaner shall be granted a day off with pay to be added to a two day break as soon as practicable.

 

(iii)       All overtime worked by permanent cleaners in addition to the rostered shift will be paid at the rate of double time.

 

(iv)       Wherever possible permanent cleaners shall be given time off at weekends, it being the Council’s intention to permit twenty six weekends off a year if practicable considering weekends in the employees annual leave or other leave as being weekends off.  Wherever reasonably possible alternate weekends off shall be granted to achieve the aim of twenty six weekends a year.

 

(v)        In the event of a cleaner commencing a shift before midnight Friday requiring him/her to work into Saturday am, but not thereafter on the Saturday or Sunday such period may be accepted as a weekend off.

 

(vi)       In the event of work commenced during a shift being required to be completed before the commencement of the next shift overtime work shall be offered to the employee who had worked throughout the day.  In the event of other work being required to be carried out on the same day whether overtime had been worked or not by the rostered employee, casual labour may be employed.

 

(vii)      Casual labour may be employed concurrently with rostered permanent employees but shall continue to work or be engaged only after the rostered permanent employee has been offered the overtime required to complete the task on which they had been engaged during the shift.

 

When one permanent cleaner is rostered at weekends for a full shift casual staff may be engaged.

 

(viii)     A permanent employee called upon to work a broken shift shall be paid an indexed allowance based upon that currently applicable per shift in addition to their ordinary pay.

 

A broken shift shall not exceed a span of twelve hours.

 

(ix)       Where an employee is required to work on a shift and such employee has not had at least eight hours rest from the cessation of the last shift such shift shall be deemed to be a quick shift and shall be paid for at the rate of double time.

 

(x)        Rosters are to be prepared to allow 48 hours notice to employees, with the understanding that there may be cases of emergency where such notice is not possible. 

 

(h)        Probationary Employees

 

(i)         Any person appointed in any capacity other than as a casual employee whether in a full-time or permanent part-time capacity shall serve a probationary period as follows:

 

Salaried staff - 6 months

 

Wages staff - 3 months

 

(ii)        During the probationary period such employee shall be provided with the appropriate training and instruction to enable them to perform the duties and function of the position.

 

(iii)       During the probationary period the employee will be advised of any areas of concern and expected performance outcomes.

 

(iv)       At the successful conclusion of the probationary period, the employee shall be offered a permanent position by Council in accordance with their original appointment status, i.e., in a full-time or part-time capacity.

 

6.  Holidays

 

(a)

 

(i)         The undermentioned holidays shall be granted on full pay to each and every permanent employee:

 

New Years' Day; Queen's Birthday; Australia Day; Anzac Day; Good Friday; Christmas Day; Easter Monday; Boxing Day; Labour Day and Municipal Picnic Day (which will be held on Melbourne Cup Day each year) and any additional days proclaimed as State wide holidays.

 

(ii)        When any of the holidays referred to herein fall on a Saturday or Sunday and the Government does not gazette another day, the holiday shall be taken on the following Monday.

 

(b)

 

(i)         Any employee not otherwise provided for who is called in to work on a public holiday or on Easter Saturday shall be paid a minimum of four (4) hours at double time rates, be paid for the public holiday or Easter Saturday and shall have a day added to their annual leave entitlement for each public holiday or Easter Saturday on which a call-in is worked until a maximum of then (10) days are so added.

 

(ii)        Any day added to an employee’s annual leave entitlement pursuant to sub-clause 6 (b) (i) may be taken at any time if the Council and the employee so agree, notwithstanding sub-clause 6 (c) (iii) of this Award.

 

(iii)       Any employee attending a Technical College as an approved student on a public holiday, picnic day, etc., shall receive a day in lieu.

 

(c)

 

(i)         Annual leave shall accrue at the rate of six (6) weeks per annum for Salaried Staff and five (5) weeks per annum for Wages Staff.

 

(ii)        All permanent employees on leaving or being discharged from the Council’s service shall receive payment in lieu of annual leave pro rata according to the time worked.

 

(iii)       Annual leave shall be taken with a minimum fifteen (15) days in one lot and the balance by mutual agreement.  Where convenient, the major proportion of the leave should be taken at Christmas time, the wording of this clause does not preclude a person from clearing their full leave entitlement at Christmas time.  Annual leave should be taken within a year of it falling due.

 

Where convenient, all holidays other than annual leave shall be taken as they fall due.

 

(iv)       Time lost as a result of accident shall be regarded as time worked for the purpose of calculating annual leave.

 

(d)        Employees in the sanitary and garbage depot shall be entitled to annual leave on the following basis:

 

(i)         Five (5) weeks annual leave.

 

(ii)        A further two weeks of leave to be computed on the accepted basis applying as a penalty for the time worked on holidays.

 

(iii)       A total period in the aggregate shall not exceed seven (7) weeks in all but this seven (7) weeks if the employee so desires is to be taken at the one time.

 

(iv)       As to other time worked on holidays, the employee shall be entitled to be paid for such time under the penalty clauses of the existing Award.

 

(e)        Baths/Pool employees shall be entitled to annual leave on the following basis:

 

(i)         Full-time employees (other than managers) working at Pools/Baths on a public holiday or prescribed holiday shall be paid ordinary time plus a day added to their annual leave.  Where an employee is rostered off, that employee shall have a day added to their annual leave, making a total of seven weeks annual leave per year.

 

(ii)        Part-time or seasonal employees shall be paid or given in lieu pro-rata entitlements as per sub-clause 4 (e) (i).

 

Special note - Christmas Day

 

As the pools are closed on Christmas Day, those employees usually rostered to work are given the day off on ordinary pay.  Those employees rostered off on Christmas Day are paid at the ordinary rate with a day, or pro-rata as for seasonal or part-time employees, added to their annual leave.

 

(f)         Employees taking their annual leave either at Christmas or through the year shall be given one month’s notice prior to date of holidays.

 

(g)        Any member of a union relieving another staff member whilst on holidays or sick leave shall be paid the same rate of pay and accrue leave at the same rate as the officer he or she is relieving PROVIDED that he or she carries out the duties of the position, assumes the same responsibility and exercises the same authority as the person relieved.

 

(h)

 

(i)         The Council may grant special leave without pay to an employee for the working days which fall between Boxing Day and New Year’s Day.

 

(iii)       No leave shall be granted under this clause unless application has been made by the employee at least twenty (20) working days prior to the first day of leave.

 

7.  Long Service Leave

 

(a)        This Clause shall be applied until December 31, 1963 and no later.

 

As from the first day of March 1948 extended leave of absence shall accrue and may be taken at the discretion of the employee as follows:

 

After fifteen years continuous service, thirteen weeks’ leave of absence on full pay; thereafter such leave of absence shall accrue from year to year on a basis proportionate to such fifteen years.

 

(b)        This clause shall be applied on January 1, 1964 and there after during the currency of this Award.

 

(i)         Definitions

 

"Employer" means the Broken Hill City Council.

 

"Ordinary Pay" in relation to any worker means remuneration for the worker’s normal weekly number of hours of work calculated at his/her ordinary time rate of pay.

 

The term "ordinary time rate of pay" in the case of a worker who is renumerated in relation to an ordinary time rate of pay fixed by the terms of the employment means the rate of pay so fixed for the worker’s work under the terms of employment but does not include any amount payable to the worker in respect of shift work, overtime or other penalty rates and where two or more time rates of pay are so fixed means the higher or highest of those rates.

 

(ii)        Except as otherwise provided in this Award, every worker shall be entitled to long service leave on ordinary pay in respect of the service with an employer.  Service with an employer before the commencement of this Award as well as service with the employer after such commencement shall be taken into account for the purposes of this section.

 

(c)        Subject to Clause 7 (d) the amount of long service leave to which a worker shall be so entitled shall be:

 

(i)         Employees who joined Council’s service after January 1, 1964 or who join it in the future:

 

In the case of a worker who has completed at least ten (10) years’ service with an employer be three months’ long service leave;

 

In the case of a worker who has completed at least fifteen (15) years’ service with an employer be four and a half (4½) months’ long service leave;

 

In the case of a worker who has completed at least twenty (20) years’ service with an employer be seven (7) months’ long service leave;

 

In the case of a worker who has completed a further ten (10) years’ service with an employer be five calendar months’ long service leave in respect of then years’ service thereafter;

 

on the termination of the workers’ services, in respect of the number of years’ service with the employer completed since the worker last became entitled to an amount of long service leave, a proportionate amount on the basis of three months’ long service leave for ten years’ service after ten years’ service and five calendar months’ long service leave for then year’s service after fifteen years service

 

The broken part of a year shall be taken into account when calculating long service leave entitlement on termination of employment.

 

In the case of a worker who has completed with the employer at five (5) years’ service and whose services are terminated by the employer or employee for any reasons shall be paid a proportionate amount on the basis of three (3) months for ten (10) years’ service.

 

(ii)        Employees who were in the Council’s employ as at 1st January, 1964 and who had at that date completed less than fifteen (15) years’ service:

 

For the period between 1st January 1964 and the date on which they completed or will complete a total of 15 years’ service in all, their long service leave will be calculated on the basis of three (3) months’ long service leave fro ten (10) years’ service;

 

Thereafter long service leave is to be calculated on the basis of five calendar months’ for ten years’ service.

 

(iii)       Employees who were in the Council’s employ as at 1st January, 1964 and who had at that date completed at least  fifteen (15) years’ service:

 

From 1st January, 1964 their long service leave will be calculated on the basis of five calendar months’ long service leave for ten years’ service.

 

(d)        A worker entitled under Clause 7 (b) to long service leave in respect of a period of service with an employer shall not, except in pursuance of an agreement between the worker and the employer entitling the worker to leave in the nature on long service leave in addition to long service leave under this Award, be entitled otherwise than under the provisions of this Award to leave in the nature on long service leave in respect of that period with that employer.

 

(e)        Where before or after 1st January, 1964:

 

A worker has otherwise than in pursuance of this section been granted by an employer and taken any leave in the nature of long service leave in respect of a period of service with the employment.

 

Payment of the monetary value of leave in the nature of long service leave has been made to the worker or other person entitled thereto

 

The leave so granted or taken or the leave in respect of which such payment has been made shall, except where such leave has been taken or payment has been made pursuant to an agreement referred to in sub-paragraph (a) or this paragraph, be deducted from any amount of long service leave to which such worker is entitled pursuant to this section in respect of that period of service with that employer.

 

(f)         Subject to Clause 7 (b) where a worker has become entitled to long service leave in respect of the worker’s service with an employer, the employer shall give to the worker and the worker shall take the leave:

 

(i)         as soon as is practicable having regard to the needs of the employer’s establishment or, where the employer and the worker agree that the taking of the leave be postponed until an agreed date, as from that date:

 

(ii)        either all in one continuous period or in separate periods of not less than one (1) week, provided that the time for taking such leave is approved by the employer.

 

(iii)       In special circumstances Council may dispense with requirement of Clause 7 (f) (ii) and allow periods of less than one (1) week.

 

(g)        The long service leave provided by Clause 5 (b) is exclusive of annual holidays and all public holidays occurring during the taking of any period of long service leave.

 

(h)

 

(i)         Where the services of a worked are terminated otherwise than by the death of the worker and any long service leave:

 

to which the worker was entitled has not been taken; or

 

accrues to the worker upon such termination the worker shall be deemed to have entered upon the leave from the date such termination and the employer shall forthwith pay to the worker in full the worker’s ordinary pay for the leave less any amount already paid to the worker in respect of that leave.

 

(ii)        Where the worker dies and any long service leave

 

to which the worker was entitled has not been taken; or

 

accrues upon termination of the services of the worker by reason of the worker’s death the employer shall upon request by the workers personal representative pay to the worker’s personal representative in full the ordinary pay that would have been payable to the worker in respect of long service leave less any amount already paid to the worker in respect of that leave.

 

(i)         The ordinary pay to be paid to a worker or the worker’s personal representative in respect of any period of long service leave shall be:

 

(i)         in the case of a worker who enters, or is deemed to have entered upon a period of long service leave, the ordinary pay payable to the worker at the time the worker enters, or is deemed to have entered, upon the period of long service leave;

 

(ii)        where a worker dies and any long service leave:

 

to which the worker was entitled under this section has not been taken; or

 

accrues under this section upon termination of the service of the worker by reason of the death of the worker:  the worker’s ordinary pay at the date of death:

 

Provided that where by agreement made after long service leave has accrued the taking of long service leave due to the worker, or any portion of it is postponed, and the employer and the worker as a condition of the postponement agree that the ordinary pay be paid in respect of the leave shall be that which would have been payable had the leave been taken at the date the agreement was entered into, the ordinary rate of pay shall be as so agreed.

 

(j)         Subject to clause 7 (h), where a workers enters upon a period of long service leave, the employer of the worker shall pay the worker the ordinary pay to be paid to the worker in respect of the period of leave in one of the following ways:

 

(i)         in full when the worker commences the period of leave; or

 

(ii)        at the same time as the worker’s ordinary pay would have been paid if the worker had remained on duty, in which case payment shall, if the worker in writing so requires, be made by cheque posted to an address specified by the worker; or

 

(iii)       In any other way agreed between the employer and the worker and the ordinary pay shall become due to the worker accordingly.

 

(k)        Except as provided in Clause 7(h), payment shall not be made by am employer to a worker in lieu of any long service leave or part thereof to which the worker is entitled under this Award, nor shall any such payment be accepted by the worker.

 

(l)         Any amount payable under this Clause:

 

To the personal representative of a worker, shall be recoverable by the personal representative of the worker; or

 

To a worker who dies before being paid such amount, shall be recoverable by the personal representative of the worker as payment due to the worker.

 

(m)       The employer shall give to each worker at least one month’s notice of the date from which it is proposed that the worker’s long service leave shall be given and taken.

 

(n)        For the purpose of this Clause:

 

(i)         The service of a worker with an employer means the period during which the worker has served the employer under an unbroken contract of employment, whether or not during the whole of that period the worker was employed by the employer as a worker, within the meaning of this Award:  Provided that a contract of employment shall be deemed not to have been broken by reason only of any interruption or determination thereof, whether occurring before or after the commencement of this Act, if the interruption or determination:

 

has been made by the employer with the intention of avoiding any obligation imposed by this Award, the Long Service Leave Act 1955, or by an award made pursuant to Section 88C of the Industrial Arbitration Act, 1940; or

 

has arisen directly or indirectly from an industrial dispute; or

 

has been made by the employer by reason of slackness of trade:

 

Provided further that the period during which the contract has been so interrupted or determined shall not by reason only of this sub -clause be taken into account in calculating the period of service.

 

(ii)        Where a worker has entered into a contract of employment with an employer within a period of twelve months after the completion of the apprenticeship with the employer the period of the apprenticeship shall be taken into account for the purpose of ascertaining the period of service with that employer under that contract of employment.

 

(iii)       Where a business, undertaking or establishment or any part thereof has, whether before or after the commencement of Clause 7(b), been transmitted from an employer (in this sub-clause called the transmitter) and the employer (in this sub-clause called the transmittee) and a worker in the employ of the transmitter in that business, undertaking or establishment or part thereof becomes a worker in the employ of the transmittee:

 

the continuity of the contract of employment of the worker shall be deemed not to have been broken by reason of the transmission:

 

and

 

the period of service which the worker has had with the transmitter shall be deemed to be service of the worker with the transmittee.

 

In this sub-clause "transmission" without limiting its ordinary meaning, includes transfer, conveyance, assignment or succession whether by agreement or operation of law, and "transmitted" has a corresponding meaning.

 

(iv)       Any period during which a person served as a member of the naval, military or air forces of the Commonwealth or of the Civil Construction Corps established under the National Security Act, 1939, as amended by subsequent Acts, of the Parliament of the Commonwealth, shall be deemed to be service of that person as a worker in the employ of the employer by whom that person was last employed before they commenced service as such member.

 

(v)        In the circumstances when an apprentice completes the apprenticeship with the Council and is retrenched at that time (as distinct from a voluntary resignation) they shall retain credit for the apprenticeship for a reasonable time and if re-employed by the Council for a sufficient time as an adult to attract the long service leave provisions of this Award his/her total services shall be, for the calculation of long service leave entitlement considered as continuous service

 

(o)        Recognition shall be made to employees after twenty (20), thirty (30) and forty (40) years service.

 

(p)        The Council shall transfer the long service leave entitlement of an employee transferring to another Council in New South Wales the amount of such entitlement being determined in accordance with the long service leave provisions applying in the Council to which the employee transfers at the date of commencing duty.

 

8.  Sick Leave

 

(a)        Each member of the staff who is absent from work on account of personal illness or on account of injury by accident arising out of and in the course of employment shall be entitled to leave of absence without loss of pay subject to the following conditions and limitations.

 

(b)        Sick leave shall accrue at the rate of three (3) weeks per annum and shall accumulate from year to year if not taken in the year in which it accrues.

 

(c)        No member of the staff shall be entitled to more accumulated sick leave than is standing to their credit in the Sick Leave Register of the Council.

 

(d)        Should any question of sick leave to any employee arise which does not fall within the abovementioned formula, that case shall receive the special consideration of the Council which shall take into consideration all relevant circumstances including the length of service to the Council of such employee and any other matter deemed proper to be considered by the parties.

 

(e)        When any position of sick leave is being considered the party applying for same shall furnish to the Council a medical certificate or other satisfactory to the Council.

 

(f)

 

(i)         Any full-time or part-time employee other than a member of the staff who after three months services is unable to attend for duty during their ordinary working hours by reasons of personal illness or capacity not due to their own serious and wilful misconduct shall be entitled to be paid at ordinary time rates of pay for the time of such non-attendance provided that they shall not be entitled to payment for any period in respect of which they are entitled to Worker’s Compensation.

 

(ii)        They shall, as soon as practicable, and in any case not more than twenty-four (24) hours after the commencement of such absence, inform the Council of the nature of their inability to attend for duty and state the nature of the injury or illness and the estimated duration of the incapacity.

 

(iii)       Proof of illness to justify payment will be required to be submitted as soon as possible for absences of two (2) consecutive days or more and after five (5) separate occurrences in each service year.

 

(iv)       The right under this sub-clause shall accumulate from year to year so that any part of the three (3) weeks which has not been taken in any year may be accumulated by the employee and taken in any subsequent year.

 

(g)        Employees who are absent from work due to illness and who submit a medical certificate to that effect shall be entitled to all benefits of this Award until their accumulated sick leave is exhausted.  For a period of three months after that they shall be entitled to payment of any holidays which fall due but after the elapse of such period of three months they shall cease to be entitled to any benefits under this Award until they return to work.

 

(h)        All employees who have accrued untaken sick leave at the time of retirement or termination of employment shall be paid for such accrued leave, such payment to be calculated at the wage rate applicable at the date of retirement or on termination of employment in accordance with the following:

 

One half (1/2) of sick leave accrued between January 1, 1960 and March 19, 1973

 

Three quarters (3/4) of sick leave accrued between March 20, 1973 and March 31, 1980

 

The whole of sick leave accrued between April 1, 1980 and January 31, 1985; and

 

The whole of two (2) of the three (3) weeks per annum of the sick leave accrued from February 1, 1985 up until March 31, 1994.

 

The benefits accruing from this subsection shall be applied to persons employed on a full-time basis by the Broken Hill City Council as at March 31, 1994 but not to persons employed subsequent to that date.

 

(i)

 

(i)         Any employee who becomes sick or is injured whilst on annual leave and produces within a reasonable time not later than the conclusion of the annual leave a doctor’s certificate which satisfactorily indicates to the Council that they were unable to derive benefit from their annual leave may be granted, at a time convenient to the Council, additional leave equivalent to the period of sickness or injury occurring within the scheduled period of annual leave.

 

(ii)        This sub-clause shall apply only in cases where the period during which the Council is satisfied that the employee is unable to derive benefit from the annual leave is at least seven (7) consecutive days.

 

(iii)       Any additional leave granted by the Council under this sub-clause shall be debited against the employee’s sick leave entitlement.

 

9.  Special Leave

 

(A)       Bereavement Leave

 

(i)         Where an employee is absent from duty because of the death of a person in accordance with paragraphs (a)-(e) below and provides satisfactory evidence to council of such, the employee shall be granted two days leave with pay upon application. Persons in respect of whom bereavement leave may be claimed shall include:

 

(a)        a spouse of the employee; or

 

(b)       a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step child, foster child or an ex nuptial child), parent (including a foster parent, step parent and legal guardian), parents of spouse, grandparent, grandchild or sibling (including half, foster and step sibling) of the employee or spouse or de facto spouse of the employee; or

 

(d)       a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

(1)        'relative' means a person related by blood, marriage or affinity;

 

(2)        'affinity' means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(3)        'household' means a family group living in the same domestic dwelling.

 

(ii)        Bereavement Entitlements for Casual Employees

 

(a)        Subject to providing satisfactory evidence to the Council, casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause (i) paragraphs (a)-(e) of Clause 9 (A), Bereavement Leave.

 

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

 

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

 

(iii)       In cases not covered in Clause 9(A)(i) the employee can make application to the General Manager setting out the extenuating circumstances.

 

(iv)       In the event of the employee finding it necessary to travel a distance exceeding 200 kilometres from Broken Hill to attend the funeral of the deceased, the two days bereavement leave referred to above shall be increase to three (3) days.

 

(v)        An employee is not entitled to bereavement leave whilst on annual, sick or long service leave or on accumulated day off.

 

(vi)       Upon receipt of an application to attend a funeral of a person who is not in the immediate family of an employee, the Council shall grant two (2) hours leave without pay to the employee to attend the funeral provided that the leave granted shall commence and terminate at the site if the job upon which the employee is employed.

 

(B)       Carer’s Leave

 

(i)         Use of Sick Leave: An employee, other than a casual employee, with responsibilities in relation to a class of person set out in Clause 9(A) (i) above who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at Clause 8, Sick Leave of this award, for absences to provide care and support or such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

 

(ii)        Carer’s leave is not intended to be used for long term, ongoing care.  In such cases, the employee is obligated to investigate appropriate care arrangements where these are reasonable available.

 

(iii)       Where more than ten days sick leave in any year is to be used for caring purposes the council and employee shall discuss appropriate arrangements which, as far as practicable, take account of the Council’s and employee’s requirements.

 

(iv)       Where the parties are unable to reach agreement the grievance and disputes procedure at Clause 16 of this award should be followed.

 

(v)        The 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 council 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, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

(vi)       An employee may elect, with the consent of the Council, to take unpaid leave for the purpose of providing care and support to a class of person set out in Clause 9 (A) (i) above who is ill or who requires care due to an unexpected emergency.

 

(vii)      Carer’s Entitlement for Casual Employees

 

(a)        Subject to the evidentiary and notice requirements in subclauses (v) and (vi) casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in Clause 9 (A) (i) who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

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

 

(c)        The Council 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.

 

(C)       Parental Leave

 

(i)         These provisions shall apply in addition to Part 4, Parental Leave, of the Industrial Relations Act 1996 (NSW).

 

(ii)        Right to request

 

(a)        An employee, other than a casual, entitled to parental leave may request the council to allow the employee to return to work from a period of parental leave on a part-time basis, until the child reaches school age, to assist the employee in reconciling work and parental responsibilities.

 

(b)       An employee entitled to parental leave may request the council to allow the employee:

 

(1)        to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

(2)        to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months; to assist the employee in reconciling work and parental responsibilities.

 

(c)        Council 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 council’s business. Such grounds may include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(d)       Employee’s request and the council’s decision to be in writing: The employee’s request and the council’s decision made under subclause (ii)(a) and (ii)(b)(2) above must be recorded in writing.

 

(e)        Request to return to work part-time: Where an employee wishes to make a request under subclause (ii)(a) above, such a request must be made as soon as possible, but no less than seven weeks prior, to the date upon which the employee is due to return to work from parental leave.

 

(iii)       Communication during parental leave

 

(a)        Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the council shall take reasonable steps to:

 

(1)        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 parental leave; and

 

(2)        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 parental leave.

 

(b)       The employee shall take reasonable steps to inform the Council about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the intends to request to return to work on a part-time basis.

 

(c)        The employee shall also notify the council of changes of address or other contact details which might affect the Council’s capacity to comply with subclause (iii)(a).

 

(iv)       Council must not fail to re-engage a regular casual employee as defined in section 53(2) of the Industrial Relations Act 1996 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 the Council in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(v)

 

(a)        Full-time employees, permanent part-time employees and part-time workers are eligible for paid maternity leave and paid adoption leave in accordance with the following provisions:

 

(1)        Full-time employees are eligible for paid maternity leave and paid adoption leave when they have completed at least 40 weeks’ continuous service of not less that 31 ¼ hours per week prior to the expected date of birth or prior to the date of taking custody of the child.

 

(2)        Part-time workers and permanent part-time employees are eligible for paid maternity leave and paid adoption leave when they have completed at least 40 week’s continuous service.

 

(b)       Employees who are eligible for paid maternity leave and paid adoption leave are entitled to maternity leave and adoption leave as follows:

 

(1)        Paid Leave

 

(a)        Paid Maternity Leave - an eligible employee is entitled to nine weeks paid maternity leave at the ordinary rate of pay from the date the maternity leave commences.

 

Maternity leave may commence up to nine weeks prior to the expected date of birth.  It is not compulsory for an employee to take this period off work.  However, if an employee decides to work during this period, it is subject to the employee being able to satisfactorily perform the full range of normal duties.

 

(b)        Paid Adoption Leave- an eligible employee is entitled to paid adoption leave of three weeks from and including the date of taking custody of the child.

 

Paid maternity leave and adoption leave may be paid:

 

On a normal fortnightly basis; or

 

In advance in a lump sum; or

 

At the rate of half pay over a period of 18 weeks on a regular fortnightly basis for maternity leave and at the rate of half pay over a period of six weeks on a regular fortnightly basis for adoption leave.

 

Annual and/or long service leave credits can be combined with periods of maternity leave or adoption leave on half pay to enable an employee to remain on full pay for that period.

 

(2)        Unpaid Leave

 

(a)        Unpaid Maternity Leave - an employee is entitled to a further period of unpaid maternity leave of not more that twelve months after the actual date of birth of the child.

 

(b)        Unpaid Adoption Leave- an employee is entitled to unpaid adoption leave as follows:

 

where the child is under the age of 12 months - a period of not more that 12 months from the date of taking custody;

 

where the child is over the age of 12 months - a period of up to 12 months, such period to be agreed upon by the employee and the employer.

 

(c)        An employee who has one met the conditions for paid maternity leave and paid adoption leave will not be required to again work the 40 week’s continuous service in order to qualify for a further period of maternity leave or adoption leave, unless:

 

there has been a break in service where the employee has been re-employed or re-appointed after a resignation, medical retirement or after their services have been otherwise dispensed with; or

 

the employee has completed a period of leave without pay of more than 40 weeks.  In this context, leave without pay does not include sick leave without pay, maternity leave without pay, or leave without pay associated with an illness or injury compensable under the Workers’ Compensation Act.

 

(d)        An employee who intends to proceed on maternity leave should formally notify her employer of such intention as early as possible, so that arrangements associated with her absence can be made.  Written notice of not less that eight weeks prior to the commencement of the leave should accordingly be given.  This notice must include a medical certificate stating the expected date of birth and should also indicate the period of leave desired.

 

(e)        In the case of notification of intention to take adoption leave, due to the fact that an employee may be given little notice of the date of taking custody of a child, employees who believe that, in the reasonably near future, they will take custody of a child, should formally notify their employer as early as practicable of the intention to take adoption leave.  This will allow arrangements associated with the adoption leave to be made.

 

(f)         After commencing maternity leave or adoption leave, an employee may vary the period of maternity leave or adoption leave, once, without the consent of the employer and otherwise, with the consent of the employer.  A minimum of four weeks’ notice must be given, although an employer may accept less notice if convenient.

 

(g)        Any person who occupies the position of an employee on maternity leave or adoption leave must be informed that the employee has the right to return to their previous position.  Additionally, since an employee also has the right to vary the period of maternity leave or adoption leave, offers of temporary employment should be in writing, stating clearly the temporary nature of the contact of employment.  The duration of employment should also be set down clearly, to a fixed date or until the employee elects to return to duty, whichever occurs first.

 

(h)        When an employee has resumed duties, any period of full pay leave is counted in full for the accrual of annual and long service leave and any period of maternity leave or adoption leave on half pay is taken into account to the extent of one-half thereof when determining the accrual of annual and long service leave.

 

(i)         Except in the case of employees who have completed ten years service the period of maternity leave or adoption leave without pay does not count as service for long service leave purposes.  Where the employee has completed ten years service the period of maternity leave or adoption leave without pay shall count as service for long service leave purposes provided such leave does not exceed six months.

 

(j)         Maternity leave or adoption leave without pay does not count as service for incremental purposes.  Periods of maternity leave or adoption leave on full pay and at half pay are to be regarded as service for incremental progression on a pro-rata basis.

 

(k)        Where public holidays occur during a period of paid maternity leave or adoption leave, payment is at the rate of maternity leave or adoption leave received, that is the public holidays occurring in a period of full pay maternity leave or adoption leave are paid at the full rate and those occurring during a period of half pay leave are paid at the half rate.

 

(l)         If because of an illness associated with her pregnancy an employee is unable to continue to work then she can elect to use any available paid leave (sick, annual and/or long service leave) or to take sick leave without pay.

 

(m)       Where an employee is entitled to paid maternity leave, but because of illness, is on sick leave, recreation, long service leave, or sick leave without pay prior to the birth, such leave ceases nine weeks prior to the expected date of the birth.  The employee then commences maternity leave with the normal provisions applying.

 

(n)        Where, because of an illness or risk associated with her pregnancy, an employee cannot carry out the duties of her position, an employer is obliged, as far as practicable, to provide employment in some other position that she is able to satisfactorily perform.  A position to which an employee is transferred under these circumstances must be as close as possible in status and salary to her position.

 

(o)        In the event of a miscarriage any absence from work is to be covered by the current sick leave provisions.

 

(p)        In the case of stillbirth, an employee may elect to take sick leave, subject to the production of a medical certificate, or maternity leave.  She may resume duty at any time provided she produces a doctor’s certificate as to her fitness.

 

(q)        An employee who gives birth prematurely, and prior to proceeding on maternity leave shall be treated as being on maternity leave from the date leave is commenced to have a child.  Should and employee return to duty during the period of paid maternity leave, such paid leave ceases from the date duties are resumed.

 

(r)         An employee returning from maternity leave or adoption leave has the right to resume their former position.  Where the position no longer exists the employee is entitled to be placed in a position nearest in status and salary to that of their former position and for which the employee is capable or qualified.

 

(s)        Employees may make application to their employer to return to duty for less than the full-time hours the previously worked by taking weekly leave without pay.  Such return to work is to be according to the following principles:

 

(i)         the period is to be limited to twelve months after which the full-time duties must be resumed:

 

(ii)        the employee is to make an application for leave without pay to reduce their full-time weekly hours of work.  This application should be made as early as possible to enable the employer to make suitable arrangements.  At least four weeks’ notice must be given.

 

(iii)       the quantum of leave without pay to be granted to individual employees is to be at the absolute discretion and convenience of the employer;

 

(iv)       salary and conditions of employment are to be adjusted on a basis proportionate to the employee’s full-time hours of work, that is for long service leave the period of service is to be converted to the full-time equivalent and credited accordingly.

 

(v)        Full-time employees who return to work under this arrangement remain full-time employees.

 

(c)        Where an employee becomes pregnant whilst on maternity leave, a further period of maternity leave may be granted.  Should this second period of maternity leave commence during the currency of the existing period of maternity leave, then any residual maternity leave from the existing employment lapses.

 

(D)       Representation at Funeral

 

The Council shall permit two employees selected by the Union of which the deceased was a member to attend an employee’s funeral and the two employees shall be entitled to receive payment for reasonable time lost in attending the funeral.

 

(E)        Jury Service Leave

 

An employee required to attend for jury service during the employee's ordinary working hours shall be reimbursed by the Council an amount equal to the difference between the amount in respect of the employee's attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service.

 

An employee shall notify the Council as soon as possible of the date upon which the employee is required to attend for jury service. Further the employee shall give Council proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

 

(F)        Army Reserve Training

 

Where an employee as a consequence of a written application approved by the Council loses time as a result of attending the annual camp of the Army Reserve the employer shall make up the difference between the payment receivable from the Department of Defence and their wages.

 

(G)       Trade Union Training Leave

 

An employee who has been sponsored by the Union to attend a course of training conducted by or with the support of the Trade Union Training Authority, shall be entitled to paid leave of absence to attend such course; however Council will not be required to pay in excess of 10 days leave per calendar year irrespective of the number of employees who attend the aforementioned courses.

 

(H)       Union Conference Leave

 

An employee of Council who is accredited delegate to the Union’s Annual conference shall be entitled to paid leave of absence for the duration of the Conference; provided that should there be more than one accredited delegate per Union, such leave with pay is at the discretion of Council.

 

(I)         Leave Without Pay

 

If an employee has exhausted all available relevant leave entitlements under this Award an employee can make application to the General Manager for leave without pay setting out the extenuating circumstances.

 

10.  Accident Pay

 

(a)        An employee of Council shall be entitled to receive accident pay in accordance with this clause.

 

(b)        "Accident pay" means the difference between the weekly amount of compensation paid to an employee pursuant to the Worker’s Compensation Act 1987, as amended and the employee’s rate of pay.

 

(c)        Accident pay under these provisions shall be payable for a maximum period of aggregate of periods in no case exceeding 39 weeks for any incapacity in respect of and resulting from any one accident suffered by an employee.

 

(d)        In the event that an employee received a lump sum in redemption of weekly payments under the said Act, the liability of the employer to pay accident pay as herein provided shall cease from the date of such redemption.

 

(e)        Where the employee recovers damages from the employer or from a third party of the said injury independently of the said Act, they shall be liable to repay to their employer the amount of accident pay which the employer has paid under this clause and the employee shall not be entitled to any further accident pay thereafter.

 

(f)         Nothing in this clause shall in any way be taken as restricting or removing the employer’s right under Section 129(1) of the Worker’s Compensation Act 1987, to require the employee to submit themselves to examination by a qualified medical practitioner, provided and paid for by the employer, and if they refuse to submit themselves to such examination or in any way obstructs the same, their right to receive or continue to receive accident pay shall be suspended in like manner as their right to compensation is suspended pursuant to Section 129(1) of the Worker’s Compensation Act 1987, until such examination has taken place.

 

(g)        Where a medical referee or Board within the meaning of Section 129(1) of the Worker’s Compensation Act 1987, gives a certificate as to the condition of the employee and their fitness for employment or specifies the kind of employment for which they are fit and the employer duly makes available to the employee the employment falling within the terms of such certificate and the employee refuses or fails to resume or perform the said employment so provided, then all payments in accordance with this Award shall cease and determine from the date of such refusal or failure to commence such duties.

 

(h)        An employee who sustains an accident at work shall complete an injury report as soon as practicable after the accident.  The Council shall give each such employee a copy of the report when they have completed it if they so request.

 

11.  Miscellaneous Provisions

 

(a)        First Aid

 

(i)         Every employee shall be given an opportunity to train in first aid, with the objective being to obtain a first aid certificate.  The Council shall pay the fees associated with the attainment of such certificate.

 

(b)        Industrial and Other Clothing

 

The Council shall supply industrial and other clothing in accordance with Occupational Health and Safety legislation to all employees.

 

(c)        Footwear

 

(1)        The Council shall supply footwear in accordance with Occupational Health and Safety legislation to all employees.

 

(2)        Either elastic sided work or lace up work boots shall be the approved form of footwear.  Work shoes shall be supplied in exceptional circumstances only at the discretion of the department head, except for:

 

(i)         Employees who produce a medical certificate that they should not wear safety boots with ankle support;

 

(ii)        Cleaning staff.

 

(3)        Safety footwear and leather boot laces shall be replaced by the Council on a sharp for blunt basis.

 

(d)        Safety Hats and Reflective Jackets

 

(i)         Council shall supply, in accordance with Occupational Health and Safety legislation, headwear to all employees required to work in the sun.

 

(e)        Employees provided with industrial clothing, footwear, etc., must wear same or be subject to disciplinary procedures.

 

(f)         Licence Fees

 

The Council shall pay licence fees for all employees who as a requirement of the job must drive motor vehicles or are required by the Council to obtain a specific licence to enable them to do work required by the Council.

 

(g)        Changehouses

 

(i)         A microwave oven will be supplied to the Warnock Street mealroom.

 

12.  Special Conditions

 

(a)        Daylight Training Classes

 

Apprentices and approved students undertaking Trades Courses or Certificate Courses part-time Diploma or Degree courses (including librarians) shall be allowed time off to attend during working hours.

 

This concession shall be subject to the following conditions:

 

(i)         That periods which are allowed shall be limited to eight hours per week and shall in no case exceed the lesson time needed to undertake the subjects set down in the syllabus for the course studied.

 

(ii)        A time sheet signed by the lecturer or the instructor covering these attendances shall be produced by the student.

 

(iii)       All courses and awards required for continuing employment and advancement in career path to be paid for by Council upon successful completion.

 

(b)        Appointments

 

(i)         In all appointments to vacancies in Council’s services applications shall be invited from qualified persons within the service before calling applications from outside PROVIDED that this sub-clause shall not apply in cases where Council is bounded by law to advertise but in such cases the Council shall give preference to employees with the necessary qualifications and PROVIDED FURTHER that this sub-clause shall not apply where in the opinion of the Council it is not likely that there are any employees in the service with the necessary qualifications.

 

(ii)        Where an employee has acted in a new or vacant permanent position which carries a higher rate of pay that that of their appointed classification and or provided they have been employed in such new or vacant position for a period of at least three months continuously they shall be reclassified to such higher grade.  This proviso shall not apply when an employee is replacing another absent for any cause.  Further that such reclassification is subject to agreement between Council and the Union.

 

(c)        College Fees

 

(i)         On the production of a letter from the Principal of the TAFE College stating that they have satisfactorily completed a year’s work in the trade course appropriate to their apprenticeship an apprentice shall be refunded the amount of fees paid in respect of that year.

 

(ii)        On the production of a letter from the Principal of the institution concerned stating that they have satisfactorily completed a year’s work in any subject of an approved course which is appropriate to their work a clerical employee shall be refunded the fees paid in respect of that year.

 

(d)        Text Books

 

(i)         On the production of a letter from the Principal of the TAFE College stating that they have satisfactorily completed a year’s work in the trade course appropriate to their apprenticeship, and receipts for text books prescribed for that year’s work, an apprentice shall be paid the cost of the prescribed text books or one hundred and fifty dollars ($150.00) whichever is the lesser amount.

 

(ii)        On the production of a letter from the Principal of the institution concerned stating that they have satisfactorily completed a year’s work in any subject of an approved course which is appropriate to their work, and receipts for text books prescribed for that year’s work, a clerical employee shall be paid the cost of the prescribed text books or fifty dollars ($50.00), whichever is the lesser amount.

 

(iii)       One set of current S.A.A. Wiring Rules shall be supplied to all electrical technicians.

 

(e)        Correspondence Courses

 

Where, with the approval of the Council, an employee undertakes a TAFE College, College of Advanced Education or University Course by correspondence and it is necessary in order to qualify under such course to undergo practical training or examination outside Broken Hill, the Council shall reimburse travelling expenses incurred which do not exceed the cost of first class return rail fare.

 

(f)         Apprentices Reaching Age of 21 Years

 

On reaching the age of 21 years and not having completed their apprenticeship, apprentices shall be paid the minimum rate for adults provided under this Award.

 

(g)        Pay Advice

 

All components shall be itemised on a pay advice slip.  An annual update statement shall be issued to all employees with respect to their accumulated entitlements.

 

(h)        Wages Schedule

 

Council shall supply a wage schedule to the Barrier Industrial Council and affiliated Unions when wages are amended.

 

(i)         Paid Study Leave

 

Leave shall be granted to a maximum of ten (10) days in any period of 12 months to employees who are members of registered industrial unions to attend trade union training courses or seminars conducted by or with the support of the Trade Union Training Authority on the following conditions:

 

(i)         that the Council’s operating requirements permit the granting of leave and the employee’s absence does not require the employment of relief staff;

 

(ii)        leave of absence shall be granted at ordinary pay, that is, payments shall not include shift allowances, penalty rates or overtime;

 

(iii)       leave granted for this purpose shall count as service for all purposes;

 

(iv)       expenses associated with attendance at such courses or seminars, eg. Fares, accommodation, meal costs, shall be required to be met by the employee concerned, but may include travelling time necessarily required during work hours to attend such courses or seminars.

 

(v)        Applications for leave must be accompanied by a statement from the relevant union that it has nominated the employee concerned for such course or seminar, or supports the application;

 

(vi)       No more than three (3) employees per annum shall be entitled to leave in accordance with this sub-clause.

 

13.  Past Practices

 

Past practices shall be as agreed.

 

14.  Redundancy

 

(a)        This clause, by virtue of its inclusion in the Consent Award applies to all persons covered by the signatories to the Award.  It applies equally to employees covered by agreements which provide that certain employees are to receive conditions not less favourable than those for which provision is made in this Award.

 

(b)        It is agreed that the inclusion of this clause in the Award does nothing whatsoever to vary or influence the policy existing at the date of its inclusion in the Award that neither the Broken Hill City Council or the Barrier Industrial Council and affiliated Unions wishes any employee to be made redundant - that the strongest endeavours of the Council, the Barrier Industrial Council and Unions and the employees affected will be directed to ensuring that all employees are placed in alternative permanent employment and that the implementation of this clause shall not in any manner be used to influence or encourage any employee to terminate employment before every practical effort has been made by all parties to have an employee who may otherwise be deemed redundant, placed in an alternative job.

 

(c)

 

(i)         A "redundant employee" means a person who is employed on a permanent basis by Broken Hill City Council whose services will become redundant on account of the introduction or proposed introduction by the Council of mechanisation or technological changes or the reorganisation of the Council’s structure, systems or methods of operation and when the Council concludes that in co-operation with the Unions and the employee it has been unsuccessful in providing alternative employment.

 

(ii)        This definition shall not apply to any person engaged by the Council on a temporary, casual or short term basis or to any person engaged to work on special employment projects such as government funded unemployment relief programmes or the like.

 

(d)

 

(i)         In every case potentially redundant employees shall be retrained to fill permanent position which are available or about to become available in the Council’s work forces in any of the Council’s various departments.

 

(ii)        The Council shall retrain the employee for a reasonable period, at all times receiving the earnest co-operation of the employee in acquiring the new skills intended to be achieved by the training.

 

(iii)       Whenever practicable and in accordance with normal practice the necessary retraining shall be carried out by the Council in its time and at its expense.  If the Council considers that "in house" training should be supplemented by training at an outside institution (eg., the Broken Hill Technical College), all reasonable costs of such additional training shall be met by the employer.  If the training at the outside institution is available in "out of normal work hours" the employee shall be required to attend that training in their own time without additional payment of time off in lieu.  The costs of training shall in such circumstances be met by the Council.

 

(e)

 

(i)         In the event of a potentially redundant employee transferring to new duties for which there is prescribed a rate of pay higher than that previously paid to them, such rate of pay shall apply from the date of that employee’s transfer.

 

(ii)        In the event of a potentially redundant employee transferring to new duties for which there is prescribed a rate of pay lower than that previously paid to them, such lower rate shall not apply until 13 weeks after the date of the employee’s transfer.

 

(iii)       Shift allowances shall not be taken into account when comparing the said rates of pay.

 

(f)

 

(i)         Having regard to the intention of all parties that no person shall become redundant, if it is not possible to retrain a potentially redundant employee to new duties, an employee shall become redundant and the Council shall give such employee four weeks’ notice of the termination of their employment.

 

(ii)        If the Council fails to give any such notice in full:

 

it shall pay the employee at the ordinary rate of pay applicable to them for a period equal to the difference between the full period of notice and the period of notice actually given; and

 

the period of notice required by this sub-clause to be given shall be deemed to be service with the Council for the purposes of calculating long service leave and annual leave entitlements (but not sick leave).

 

(iii)       Notwithstanding anything contained in this document, the Council may summarily dismiss and employee without notice for neglect of duty or misconduct in which case wages shall be paid up to the time of dismissal only.  The rights of the Council shall not be prejudiced by the fact that the employee has been given notice of the termination of their employment pursuant to Clause 15 (f) (i).

 

In the event of dispute arising over the Council’s action with regard to summary dismissal, the Barrier Industrial Council shall on submission of a request to that effect in writing be entitled to seek a meeting with the Council at the earliest practicable date to discuss the matter.

 

(g)        This sub-clause shall apply to redundant employees as defined in Clause 15(c).  Nothing contained in this clause shall be construed to mean that the Council shall not be entitled to dismiss an employee in the ordinary course of its business without being required to give the notice mentioned in Clause 15 (f), or to make the severance payments mentioned in Clause 15 (h).

 

(h)

 

(i)         A redundant employee shall be entitled to a severance allowances calculated as follows:

 

All such redundant employees shall receive a minimum of six weeks’ pay.

 

All such redundant employees shall receive an additional payment at the rate of three (3) weeks’ pay for each completed year of service, plus a pro-rata payment for each additional completed month of service.

 

(ii)        The number of weeks pay due to any such redundant employee in respect of completed years of service shall be:

 

 

(iii)       For the purposes of this sub-clause "a week’s pay" shall be deemed to be the week’s pay presently used as the basis for calculation of annual leave entitlements.

 

(iv)       All such redundant employees shall be paid the value of their accrued sick leave calculated in accordance with the terms of this Award together with the value of all payments legally due to them in respect of annual leave and/or long service leave entitlements.

 

(i)

 

(i)         In the event of any permanent position becoming vacant in one of the Council’s departments after the termination by the Council of the services of a redundant employee pursuant to Clause 15 (f) preference of employment shall be given by the Council to such redundant employee.

 

(ii)        Whenever a redundant employee whose services have been terminated shall be re-employed by the Council, the period of their employment shall thereafter be deemed for all purposes to have commenced on the date of their re-employment.

 

(j)         A redundant employee who is a contributor to the Local Government superannuation Scheme may anticipate the Council’s assistance in completing documentation for submission to the Local Government Superannuation Board.

 

(k)        Notwithstanding anything hereinbefore contained, it is agreed that, if within on year from the date hereof, there shall be enacted retrospective legislation which requires the payment of an employer to an employee whose employment has been terminated on the ground of redundancy of benefits exceeding in value those set forth in Clause 15 (h) hereof, then the Council shall forthwith pay any employee whose services it shall previously have terminated pursuant to Clause 15(f) or, if the employee shall have died in the meantime, to their personal representatives, a sum equal to the difference between the amount payable to them under the retrospective legislation and the amount which was actually paid to the employee pursuant to Clause 15 (h).

 

15.  Cooling Off Period

 

(a)        If a dispute arises steps shall be taken immediately to arrange a conference between the City Council and the Union of Unions concerned, and the Barrier Industrial Council if necessary.  No further action on the matter shall be taken until the conference has been held and until at least two ordinary working days have elapsed subsequent to the holding of such conference.

 

16.  Grievance and Dispute Procedures

 

(i)         At any stage of the procedure, the employee(s) may be represented by their union or its local representative/delegate and the Council represented by the Association.

 

(ii)        The union delegate shall have reasonable time, without loss of pay, to discuss a grievance or dispute with management at the local level where prior approval is sought. Such approval shall not be unreasonably withheld.

 

(iii)       A grievance or dispute shall be dealt with as follows:

 

(a)        The employee(s) shall notify the supervisor, or other authorised officers of any grievance or dispute and the remedy sought, in writing.

 

(b)        A meeting shall be held between the employee(s) and the supervisor to discuss the grievance or dispute and the remedy sought within two working days of notification.

 

(c)        If the matter remains unresolved, the employee(s) may request the matter be referred to the head of the department or other authorised officer for discussion. A further meeting between all parties shall be held as soon as practicable.

 

(d)        If the matter remains unresolved the general manager shall provide the employee(s) with a written response. The response shall include the reasons for not implementing any proposed remedy.

 

(e)        Where the matter remains unresolved, it may be referred to the employee's union or representative and by the general manger or other authorised officer to the Association for further discussion between the parties.

 

(iv)       The Industrial Registrar may be advised of the existence of a dispute at any stage of this procedure.

 

(v)        During this procedure and while the matter is in the course of negotiation, conciliation and/or arbitration, the work practices existing prior to the dispute shall as far as practicable proceed as normal.

 

17.  Duration of Award

 

Except where otherwise expressly provided this Award shall be deemed to have come into effect for a period of three (3) years on the first day of November, 2005 and shall continue in force until it is replaced with a new Award.

 

18.  Posting of Award

 

A copy of this Award shall be available at all working places of the Council.

 

19.  Saving and Transitional Provisions

 

The following provision shall apply until such time as a new salary system agreed by the Barrier Industrial Council/Unions and the Council is introduced:

 

(a)        Driver

 

An employee who has been required by his supervisor to drive a particular truck for at least six (6) consecutive weeks shall be paid the margin applicable to the driving of that truck for a period not exceeding one (1) week during which he is allocated work by his supervisor which attracts a margin which is less than the margin applicable to the particular truck which he has been required to drive for the preceding six (6) weeks.

 

(i)         An employee who is classified as a regular driver or plant operator by his supervisor and who is "stood down" through no fault of his own shall be paid the margin he would normally have been paid had he been driving his truck or plant.

 

(ii)        The above specific provision relating to drivers and plant operators will be held to overrule the more general scheme based on seniority.

 

(iii)       That leave be reserved to apply to the New South Wales Industrial Commission within the currency of this Award with respect to the following:

 

Tradespersons Driving

 

All Tradespersons in the Technical Services’ division shall drive themselves where assistance is not required, i.e., where a plant operator or driver is available, if required, at the site of an item of plant or a vehicle requiring attention of where the building maintenance tradesperson is required to repair door locks or cupboard etc.

 

Apprentice Tradespersons Driving

 

Third and fourth year apprentice tradespersons shall drive themselves to jobs of a minor nature where assistance is not required, i.e., apprentice painter to bus seats, litter bins, etc., apprentice automotive mechanic to lawnmowers, sedans, etc.

 

20.  Outsourcing

 

When considering contracting out or outsourcing, Broken Hill City Council will take into account the following:

 

(a)        Insufficient overall resources are available to meet the current Broken Hill City Council overall work commitment and work timetable, or

 

(b)        The failure to complete the work in a reasonable time would jeopardise the safety of the public or impact adversely upon system performance, or

 

(c)        The use of outsourcing or contracting to the work is commercially the most advantageous option taking into account: quality; safety; performance; cost; and the overall strategic direction of Broken Hill City Council.

 

(d)        If after this process has been conducted a decision to outsource has been made, the Contractor engaged to perform the work must:

 

i.           Provide a writer undertaking to comply with Broken Hill City Council safety, environmental and quality standards.

 

ii.          Provide a written undertaking to conform with all Acts, Awards and Agreements affecting the employees of the Contractor.

 

(e)        Have in place an Award with the relevant Union except where the Contractor is a Sole Trader with no employees.

 

(f)         Where an employee’s position is no longer required the position holder shall be subject to the provisions of the Salary Maintenance Policy.

 

21.  Occupational, Health & Safety Obligations

 

Labour Hire and Contract Businesses

 

(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 a council for the purpose of such staff performing work or services for that council.

 

(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 a council to provide a specified service or services or to produce a specific outcome or result for that council which might otherwise have been carried out by that council’s own employees.

 

(ii)        Any Council which engages a labour hire business and/or a contract business to perform work wholly or partially on the Council’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 D 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.

 

(iv)       Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

(v)        This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

22.  Leave Reserved

 

Skills based Award

 

Salary sacrifice

 

APPENDIX A

 

Rates Of Pay

 

 

 

 

P. J. SAMS D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.