Rural Lands Protection Boards Salaries and Conditions Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales, Industrial Organisation of Employees.

 

(No. IRC 2095 of 2007)

 

 

VARIATION

 

1.          Delete clause 1, Basic Wage in the Arrangement of the award published 8 February 2008 (364 I.G 1069), and renumber existing clauses 1A, Parties and 1B, Demarcation accordingly:

 

1.         Parties

1A.      Demarcation

 

2.          Delete clause 1, Basic Wage.

 

3.          Insert in numerical order in the Arrangement, the following new clause and subject matter:

 

36A.    Secure Employment

 

4.          Delete clause 15A, State Personal and Carer’s Leave Case - August 1996 in the Arrangement, and insert in lieu thereof the following:

 

15A.    Personal Carer's Leave Case

 

5.          Delete subparagraph (i) of paragraph 5.5.3 of subclause 5.5 of clause 5, Classification and Salary Structures, and insert in lieu thereof the following:

 

(i)

 

(a)        Progression from Grade 1 through to Grades 2, 3, 4 to Grade 5 Level 2 shall be by way of completion of the number of years of service at each grade and subject to certification by the Manager or Executive Officer, after consultation with the Chairman of the Board, the District Veterinarian or Veterinary Officer and the Managing Ranger (if any) or the supervising Ranger that the Ranger is performing satisfactory service, and has completed all the required units of study. This includes the required units of study for previous grades.

 

(b)        Progression of Rangers (and all other classifications under the Award) will not be impeded if courses or units of study are not available; “not available” being defined as “there is no course/module available and there are no future plans by any organisation to develop training/module for that particular competency (it does not mean that the course is not available until later in the year)”.  It is also agreed that an employee who progresses under these terms must undertake to do the next available course/module that becomes available whether that be a replacement competency determined by State Council or one that is scheduled in the Award.  An employee who does not undertake to do this progression requirement shall not be allowed progression.  If an employee does not complete the training/module when it becomes available then he/she shall regress back to his/her previously held grade.

 

6.          Delete subparagraph (vii) of paragraph 5.5.3 of subclause 5.5 of the said clause 5, and insert in lieu thereof the following:

 

(vii)     If a Board requires the services of a Specialist Animal Health Ranger, then as an alternative to subparagraph 5.5.3(vi), the Board may approve following criteria for progression to grade 4:

 

(a)        Passing an examination for Specialist Ranger on the Ranger’s Manual as conducted by the District Veterinarian.  Where a Ranger has satisfactorily completed the Ranger’s Manual Examination under the current 2007 Award or previous 2004 or 2002 Award, then the Ranger is not required to re-sit or undertake the Ranger’s Manual Examination a second time for the purposes of any progression to any grade.

 

(b)        Two (2) years service as a Ranger (providing that State Council may approve a lesser period in a special case);

 

(c)        Passing a progression review by a panel consisting of a nominee of the Board; the Managing Ranger (if any) or the supervising Ranger; the Senior Field Veterinary Officer or their representative and a nominee of the Department certifying that all of the following criteria have been met:

 

(d)        Demonstrated suitable experience and ability to a standard required by the Board and the Department to perform OJD functions or Footrot functions or any other functions which the State Council approves on a case by case basis.

 

(e)        Demonstrated that the Specialist Ranger is performing at a high level of skill in the speciality; and achieving a sustained high output of advisory work.

 

7.          Delete subparagraph (ix) of paragraph 5.5.3 of subclause 5.5 of the said clause 5, and insert in lieu thereof the following:

 

(ix)       Progression to Grade 4 shall be organised by the Manager or Executive Officer and shall be subject to:

 

(a)        Five (5) years continuous service as a Ranger

 

(b)        One (1) year service on Grade 3

 

(c)        Passing an examination on the Rangers’ Manual as conducted by the District Veterinarian.  Where a Ranger has satisfactorily completed the Ranger’s Manual Examination under the current 2007 Award or previous 2004 or 2002 Award, then the Ranger is not required to re-sit or undertake the Ranger’s Manual Examination a second time for the purposes of any progression to any grade.

 

(d)        Demonstrating to the Manager or Executive Officer, who shall consult with the Chairman of the Board, the District Veterinarian or Veterinary Officer and the Managing Ranger (if any) or the supervising Ranger, that they are performing at a level that resulted in their progression to Grade 3.

 

8.          Delete clause 8, Overtime, and insert in lieu thereof the following:

 

8.  Overtime

 

8.1        Overtime shall mean one continuous hour or more in excess of 38 hours per week worked at the direction of the Board which, from its character or from special circumstances, cannot be performed in accordance with arrangements under clause 7, Hours of Work.

 

8.2        Subject to subclause 8.3 of this clause a Board may require an employee to work reasonable overtime at overtime rates.

 

8.3        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

8.4        For the purposes of subclause 8.3 of this clause what is unreasonable or otherwise will be determined having regard to:

 

(i)         any risk to employee health and safety;

 

(ii)        the employee's personal circumstances including any family and carer responsibilities;

 

(iii)       the needs of the workplace or enterprise;

 

(iv)       the notice (if any) given by the Board of the overtime and by the employee of his or her intention to refuse it; and

 

(v)        any other relevant matter.

 

8.5        Payment for overtime worked shall not be made under this award without:

 

(i)         Board approval for the overtime worked; and

 

(ii)        Board approval for the payment of overtime.

 

8.6        Approved paid overtime shall be paid at the following rates:

 

(i)         For all overtime, other than on Sundays and public holidays, worked in excess of 38 hours per week - at the rate of time and a half for the first two hours and double time thereafter.

 

(ii)        For all overtime worked on Sunday - double time for each and every hour (for overtime worked on public holidays see clause 12).

 

(iii)       Overtime rates are not fixed for meal times.

 

(iv)       If an employee is absent from duty on any working day during any week in which overtime has been worked by them, the time so lost may be deducted from the total value of overtime worked by them during the week unless there has been granted leave of absence for recreation or on account of illness or unless, in the opinion of the Board, their absence has been caused by circumstances beyond their own control.

 

(v)        An employee who works overtime which is not continuous with ordinary working hours shall be paid a minimum payment as for two hours work at the appropriate rate as prescribed by this award.

 

8.7        After completion of the first continuous hour, overtime shall not be paid for periods of less than one-quarter of an hour.

 

8.8        The method to be used to calculate overtime shall be as follows:

 

Fortnightly Salary	=	Annual Salary divided by 26.0714
Hourly Rate	=	Fortnightly Salary divided by 76.0000

 

which shall determine the ordinary-time (single) hourly rate.

 

8.9        To determine appropriate rates, the rate determined in subclause 8.8 of this clause shall be multiplied by 3/2 or 2 as the case may be.

 

8.10      Rangers, Field Assistants, Managers, Executive Officers, Administrative Officers, Administrative Assistants and District Veterinarians accept the system of leave in lieu of overtime as provided in this award.

 

9.          Insert after subclause 14.6 in clause 14, Short Leave, the following new subclause:

 

14.7      Bereavement entitlements for casual employees

 

14.7.1   Subject to the evidentiary and notice requirements in subclause 14.2 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 subparagraph 15A.1(c)(ii) of clause 15A, State Personal and Carer’s Leave Case.

 

14.7.2   The employer 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.

 

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

 

10.        Delete the title of clause 15A, State Personal and Carer's Leave Case - August 1996, and insert in lieu thereof the following new title:

 

15A.  Personal and Carer’s Leave Case

 

11.        Delete subclauses 15A.1, 15A.2 and 15A.3 in clause 15A, Personal and Carer’s Leave Case, and insert in lieu thereof the following:

 

15A.1  Use of Sick Leave:

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 15A.1(c)(ii) 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 15, Sick Leave of the award, for absences to provide care and support for 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.

 

(b)        The employee shall, if required,

 

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

 

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

 

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

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(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 stepchild, a foster child or an ex nuptial child), parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the employee or the 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 subparagraph:

 

(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.

 

(d)        An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

 

Where the parties are unable to reach agreement the disputes procedure at clause 34, Dispute Settling Procedures, should be followed.

 

15A.2  Unpaid Leave for Family Purpose:

 

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 15A.1(c)(ii) above who is ill or who requires care due to an unexpected emergency.

 

15A.3  Annual Leave:

 

(a)        An employee may elect, with the consent of the employer to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

(d)        An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.

 

12.        Insert after subclause 15A.6 of the said clause 15A, the following new subclause:

 

15A.7  Personal Carers Entitlement for casual employees -

 

(a)        Subject to the evidentiary and notice requirements in 15A.1(b) and 15A.1(d) 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 subclause 15A.1(c)(ii) of this clause 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 employer 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)        An employer 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.

 

13.        Insert after subclause 16.6 in clause 16, Parental Leave, the following new subclause:

 

16.7      Family Provisions Case - Parental Leave

 

16.7.1   Refer to the Industrial Relations Act 1996 (NSW).  The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

16.7.2   An employer must not fail to re-engage a regular casual employee (see 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 an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

16.7.3   Right to request

 

(a)        An employee entitled to parental leave may request the employer to allow the employee:

 

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

 

(ii)        to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

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

 

(c)        Employee's request and the employer's decision to be in writing

 

The employee's request and the employer's decision made under 16.7.3(a)(ii) and 16.7.3(a)(iii) must be recorded in writing.

 

(d)        Request to return to work part-time

 

Where an employee wishes to make a request under 16.7.3(a)(iii), 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.

 

16.7.4   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 employer shall take reasonable steps to:

 

(i)         make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

 

(ii)        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 employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

(c)        The employee shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with subparagraph (a) of this paragraph.

 

14.        Insert after clause 36, Anti-Discrimination, the following new clause:

 

36A.  Secure Employment

 

36A.1  Objective of this Clause

 

The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of permanent positions in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

 

36A.2  Casual Conversion

 

(a)        A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months shall thereafter have the right to elect to have his or her ongoing contract of employment converted to permanent full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

(b)        Every employer of such a casual employee shall give the employee notice in writing of the provisions of this sub-clause within four weeks of the employee having attained such period of six months.  However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

 

(c)        Any casual employee who has a right to elect under paragraph 36A.2(b), upon receiving notice under paragraph 36A.2(b) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse.  Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement.  Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(d)        Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert his or her ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

(e)        Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

 

(f)         If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph 36A.2(c), the employer and employee shall, in accordance with this paragraph, and subject to paragraph 36A.2(c), discuss and agree upon:

 

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

 

(ii)        if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

 

(g)        Following an agreement being reached pursuant to paragraph (f), the employee shall convert to full-time or part-time employment.  If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

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

 

36A.3  Occupational Health and Safety

 

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

 

(i)         A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

(ii)        A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

(b)        Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

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

 

(ii)        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;

 

(iii)       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

 

(iv)      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.

 

(c)        Nothing in this subclause 36A.3 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.

 

36A.4  Disputes Regarding the Application of this Clause

 

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

 

36A.5  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.

 

15.        Delete Schedule A - Rural Lands Protections Boards, appearing after Table 3 - Long Service Leave Accrual in Part B, Monetary Rates.

 

16.        This variation shall take effect on and from 28 November 2007.

 

 

 

I. W. CAMBRIDGE, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.