Crown
Employees (NSW TAFE Commission - Administrative and Support Staff Conditions of
Employment) Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1549 of 2008)
|
Before Commissioner
Cambridge
|
21 May 2009
|
REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Entitlements
Under Another Industrial Instrument
5. Work
Environment
6. Dispute
Resolution Procedures
7. Local
Arrangements
8. Working
Hours
9. Casual
Employment
9A. School Based
Apprentices
9B. Part-Time
Employment
10. Morning and
Afternoon Breaks
11. Meal Breaks
12. Variation
of Hours
13. Natural
Emergencies and Major Transport Disruptions
14. Assistance
with Transport
15. Notification
of Absence from Duty
16. Public
Holidays
17. Standard
Working Hours
18. Flexible
Working Hours
19. Rostered
Days Off for 38 Hour Week Workers
20. Existing
Hours of Work Determinations
21. Excess
Travelling Time
22. Waiting
Time
23. Travelling
Compensation
24. Meal
Expenses on One Day Journeys
25. (Deleted)
26. (Deleted)
27. Restrictions
on Payment of Travelling Allowances
28. Increase or
Reduction in Payment of Travelling Allowances
29. Production
of Receipts
30. Travelling
Distance
31. Camping
Allowances
32. Camping
Equipment Allowance
33. Allowance
Payable for Use of Private Motor Vehicle
34. Damage to
Private Motor Vehicle Used for Work
35. Allowance
for Living in a Remote Area
36. Assistance
to Staff Members Stationed in a Remote Area When Travelling on Recreation Leave
37. Overseas
Travel
38. Exchanges
39. Room at
Home Used as Office
40. Semi-official
Telephones
41. On-call
Allowance
42. Uniforms
and Protective Clothing
43. Payment of
Laundry Allowance
44. Compensation
for Damage to or Loss of Staff Member’s Personal Property
45. Garage and
Carport Allowance
46. Community
Language Allowance Scheme (CLAS)
47. First Aid
Allowance
48. Review of
Allowances Payable in Terms of This Award
49. Trade Union
Activities Regarded as on Duty
50. Trade Union
Activities Regarded as Special Leave
51. Trade Union
Training Courses
52. Conditions
applying to On-Loan Arrangements
53. Period of
Notice for Trade Union Activities
54. Access To
Facilities by Trade Union Delegates
55. Responsibilities
of the Trade Union Delegate
56. Responsibilities
of the Trade Union
57. Responsibilities
of Workplace Management
58. Right of
Entry Provisions
59. Travelling
and Other Costs of Trade Union Delegates
60. Industrial
Action
61. Consultation
62. Deduction
of Trade Union Membership Fees
63. Leave -
General Provisions
64. Absence
from Work
65. Applying
for Leave
66. Parental
Leave
67. Extended
and Long Service Leave
68. Family and
Community Service Leave
69. Leave
Without Pay
70. Military
Leave
71. Observance
of Essential Religious or Cultural Obligations
72. Personal
Carers Leave
73. Recreation
Leave
74. Annual
Leave Loading
75. Sick Leave
76. Sick Leave
- Requirements for Evidence of Illness
77. Deleted
78. Sick Leave
- Workers Compensation
79. Sick Leave
- Claims Other Than Workers Compensation
80. Special
Leave
81. Study
Assistance
82. Shift Work
83. Overtime -
General
84. Overtime
Worked by Shift Workers
85. Overtime
Worked by Day Workers
86. Recall to
Duty
87. On Call
(Stand-by)
88. Overtime
Meal Breaks
89. Overtime
Meal Allowances for breakfast, lunch and dinner.
90. Rate of
Payment for Overtime
91. Payment for
Overtime or Leave in Lieu
92. Calculation
of Overtime
93. Review of
Overtime Meal Allowances
94. Provision
of Transport in Conjunction with Working of Overtime
95. Higher
Duties Allowance
96. Management
of Conduct and Performance
97. Anti-Discrimination
97A. Secure
Employment
98. Leave Reserved
99. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Allowances
Schedule 1 -
Classifications Of Administrative And Support Staff Covered By The Award
2. Title
This award shall be known as the Crown Employees (NSW TAFE
Commission - Administrative and Support Staff Conditions of Employment) Award
2009.
3. Definitions
"Act" means the NSW Technical and Further
Education Commission Act 1990.
"Accumulation" means the accrual of leave or time.
In respect of weekly study time "accumulation" means the aggregation
of short periods of weekly study time which is granted for private study
purposes.
"Approved Course" means a course relevant to the
employment of the staff member in the NSW TAFE Commission and approved by the
Managing Director.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"At the convenience of" means the operational
requirements permit the staff member's release from duty or that satisfactory arrangements
are able to be made for the performance of the staff member's duties during the
absence.
"Award" means an award as defined in the Industrial
Relations Act 1996.
"Birth" means the birth of a child and includes
stillbirth.
"Capital City" means the area within the Sydney
Telephone District or within a corresponding area in the Capital City of
another State or Territory.
"Casual employee" means a person employed by the
NSW TAFE Commission on an hourly basis to carry out work that is irregular or
intermittent; or to carry out work on a short term basis in an area of the NSW
TAFE Commission with a flexible workload; or to carry out the work of a
position for a short period pending the completion of the selection process for
the position; or to carry out urgent work or to deal with an emergency.
"Classification" means a classification as listed
at Schedule 1 of this Award.
"Contract hours for the day" for a full time staff
member, means one fifth of the full time contract hours, as defined in this
award. For a part time staff member, contract hours for the day means the hours
usually worked on the day.
"Daily rate" or "Rate per day" means the
rate payable for 24 hours, unless otherwise specified.
"Daily span of hours" means, for a staff member required
to work standard hours, the full time standard hours defined in this
award. For a staff member required to
work flexible hours, the "daily span of hours" means the hours which
normally fall within the bandwidth of the scheme applicable to the staff member
and which do not attract payment for overtime, unless otherwise prescribed in
this award.
"Day worker" means a staff member, other than a
shift worker, who works the ordinary hours from Monday to Friday inclusive
between the hours of 7.30 a.m. and 6.00 p.m. or as negotiated under a local
arrangement.
"Expected date of birth", in relation to a staff
member who is pregnant, means a date specified by her medical practitioner to
be the date on which the medical practitioner expects the staff member to give
birth as a result of the pregnancy.
"Flexible Work Practices, Policy and Guidelines"
means the document negotiated between the Public Employment Office, the Labor
Council of New South Wales and affiliated unions which enables staff members to
rearrange their work pattern.
"Full day" means the standard full time contract
hours for the day, i.e., seven or eight hours depending on the classification
of the staff member.
"Full pay" or "half pay" means the staff
member's ordinary rate of pay or half the ordinary rate of pay respectively.
"Full-time contract hours" means the standard
weekly hours, that is, 35 or 38 hours per week, depending on the
classification, required to be worked as at the date of this award.
"Full-time position" means a position which is
occupied, or if not for being vacant, would be occupied, by a full-time staff
member.
"Full-time staff member" means a staff member
whose ordinary hours of duty are specified as such in a formal industrial
instrument or whose contract hours are equivalent to the full-time contract
hours for the job classification.
"Half day" means half the standard contract hours
for the day.
"Headquarters" means the centre to which a staff
member is attached or from which a staff member is required to operate on a
long-term basis.
"Industrial action" means industrial action as
defined in the Industrial Relations Act 1996.
"Industrial instrument" means an industrial
instrument as defined in the Industrial Relations Act 1996 or a
determination of salary or conditions of employment by an employer for
industrial purposes pursuant to a statutory power.
"Local Arrangement" means an agreement reached at
the organisational level between the Managing Director and the Association in
terms of clause 7, Local Arrangements of this award.
"Local holiday" means a holiday which applies to a
particular township or district of the State and which is not a public holiday
throughout the State.
"Managing Director" means the person appointed as
such under the Act or a person authorised by the Managing Director.
"NSW TAFE Commission" means the TAFE Commission
Division of the Government Service of New South Wales established under Chapter
1A of the Public Sector Employment and Management Act 2002.
"Normal hours of duty" means:
for a staff member working standard hours - the fixed hours
of duty, with an hour for lunch, worked in the absence of flexible working
hours;
for a staff member working under a flexible working hours
scheme or local arrangement negotiated under clause 7, Local Arrangements - the
hours of duty the Managing Director requires a staff member to work within the
bandwidth specified under the flexible working hours scheme or local
arrangement.
"Normal work" means, for the purposes of subclause
(x) of clause 6, Grievance and Dispute Settling Procedures of this award, the
work carried out in accordance with the staff member’s position or job
description at the location where the staff member was employed, at the time
the grievance or dispute was notified by the staff member.
"Official overseas travel" means authorised travel
out of Australia by a staff member where the staff member proceeds overseas on
official business.
"On duty" means the time required to be worked for
the NSW TAFE Commission. For the purposes of clause 49, Trade Union Activities
Regarded as on Duty of this award, "on duty" means the time off with
pay given by the NSW TAFE Commission to the accredited Association delegate to
enable the Association delegate to carry out legitimate Association activities
during ordinary work hours without being required to lodge an application for
leave.
"On loan" means an arrangement between the NSW
TAFE Commission and the Association where a staff member is given leave of
absence from the workplace to take up employment with the staff member’s
Association for a specified period of time during which the Association is
required to reimburse the NSW TAFE Commission for the staff member's salary and
associated on-costs.
"On special leave" means the staff member is required
to apply for special leave in order to engage in an activity which attracts the
grant of special leave in the terms of this award.
"Overtime" means all time worked, whether before
or after the ordinary daily hours of duty, at the direction of the Managing
Director, which, due to its character or special circumstances, cannot be
performed during the staff member’s ordinary hours of duty. Where a flexible
working hours scheme is in operation, overtime shall be deemed as the hours
directed to be worked before or after bandwidth or before or after the time
specified in a local arrangement made pursuant to the provisions of clause 10,
Local Arrangements of this award provided that, on the day when overtime is
required to be performed, the staff member shall not be required by the
Managing Director to work more than 7 hours after finishing overtime or before
commencing overtime.
"Part-time entitlement", unless specified
otherwise in this award, means pro rata of the full-time entitlements
calculated according to the number of hours a staff member works in a part-time
position or under a part-time arrangement.
"Part-time hours" means the hours which are less
than the hours which constitute full-time work under the relevant industrial
instrument.
"Part-time position" means a designated part-time
position and, unless otherwise specified, includes any position which is filled
on a part-time basis.
"Part-time staff member" means a staff member
whose ordinary hours of duty are specified as part-time in a formal industrial
instrument or whose contract hours are less than the full-time hours.
"Prescribed ceasing time" means, for a staff
member working standard hours, the conclusion of daily standard hours for that
staff member. For a staff member working under a flexible working hours scheme,
"prescribed ceasing time" means the conclusion of the bandwidth of
the scheme applying to that staff member.
"Prescribed starting time" means, for a staff
member not working under a flexible working hours scheme, the commencement of
standard daily hours of that staff member. For a staff member working under a
flexible working hours scheme, "prescribed starting time" means the
commencement of the bandwidth of the scheme applying to that staff member.
"Public holiday" means a day proclaimed under the Banks
and Bank Holidays Act 1912, as a bank or a public holiday. This definition
does not include a Saturday which is such a holiday by virtue of section 15A of
that Act, and 1 August or such other day that is a bank holiday instead of 1
August.
"Recall to duty" means those occasions when a
staff member is directed to return to duty outside the staff member’s ordinary
hours or outside the bandwidth in the case of a staff member working under the
flexible working hours agreement.
"Remote area" means, for the purpose of -
determining the appropriate rate of living allowance, an
area of the State situated on or to the west of a line starting from the right
bank of the Murray River opposite Swan Hill and then passing through the following
towns or localities in the following order, namely: Conargo, Coleambally, Hay,
Rankins Springs, Marsden, Condobolin, Peak Hill, Nevertire, Gulargambone,
Coonabarabran, Wee Waa, Moree, Warialda, Ashford and Bonshaw, and includes a
place situated in any such town or locality;
payment of an allowance towards expenses incurred when
travelling on recreation leave, an area of the State of New South Wales
situated to the west of the 144th meridian of longitude or such other area to
the west of the 145th meridian of longitude as determined by the Public
Employment Office; and
accrual of additional recreation leave means the Western and
Central Division of the State described as such in the Second Schedule to the Crown
Lands Consolidation Act 1913 before its repeal.
"Residence", in relation to a staff member, means
the ordinary and permanent place of abode of the staff member.
"Rostered Day Off" means, for the purposes of
clause 18, Rostered Days Off for 38 Hour Week Workers, a day off in a regular
cycle at a time operationally convenient.
"Shift worker - Continuous Shifts" means a staff
member engaged in work carried out in continuous shifts throughout the 24 hours
of each of at least six consecutive days without interruption except during
breakdown or meal breaks or due to unavoidable causes beyond the control of the
Managing Director.
"Shift worker - Non-continuous Shifts" means a
staff member who is not a "day worker" or a "shift worker -
continuous shifts", as defined above.
"Staff member" means a permanent or temporary
employee who is employed under the Public Sector Employment and Management
Act 2002 in the Department of Education and Training to enable the TAFE
Commission to exercise its functions and, unless otherwise specified in this
award, includes both full-time and part-time staff. For the purposes of clause
70, Maternity Leave of this award, "staff member" means a female
staff member.
"Standard hours" are set and regular hours of
operation as determined by the Managing Director. Standard hours are generally the hours which were in operation
prior to the introduction of flexible working hours or have been determined as
standard hours for the NSW TAFE Commission since the introduction of flexible
working hours.
"Standby" means an instruction given by the
Managing Director to a staff member to be available for immediate contact in
case of an authorised call-out requiring the performance of duties.
"Study leave" means leave without pay granted for
courses at any level or for study tours during which financial assistance may
be approved by the Managing Director, if the activities to be undertaken are
considered to be of relevance or value to the NSW TAFE Commission.
"Study Time" means the time allowed off from
normal duties on full pay to a staff member who is studying in a part-time
course which is of relevance to the NSW TAFE Commission.
"Supervisor" means the immediate supervisor or
manager of the area in which a staff member is employed or any other staff
member authorised by the Managing Director to fulfil the role of a supervisor
or manager, other than a person employed as a consultant or contractor.
"Temporary work location" means the place at or
from which a staff member temporarily performs official duty if required to
work away from headquarters.
"Trade Union" or "Union" means a
registered trade union, as defined in the Industrial Relations Act 1996.
"Trade Union Delegate" means an accredited
Association delegate responsible for his/her workplace; and/or a person who is
elected by the Association as its representative, an executive member or a
member of the Association's Council.
"Trade Union Official" means a person who is
employed by the Association to carry out duties of an official in a permanent
or temporary capacity, including elected full-time officials and/or staff
members placed on loan to the Association for an agreed period of time.
"Workplace" means the whole of the NSW TAFE
Commission or, as the case may be, an Institute, branch or section in which the
staff member is employed.
"Workplace Management" means the Managing Director
or any other person authorised by the Managing Director to assume
responsibility for the conduct and effective, efficient and economical
management of the functions and activities of the organisation or part of the
organisation.
4. Entitlements under
Another Industrial Instrument
Where a classification is covered by an industrial
instrument other than this Award, and that industrial instrument provides a
condition or conditions of service that is also provided for by this Award, the
provisions of such industrial instrument shall prevail and any inconsistent
provision of this Award shall not apply.
5. Work Environment
(a) Occupational
Health and Safety - The parties to this award are committed to achieving and
maintaining accident-free and healthy workplaces in the NSW TAFE Commission by:
(1) the development
of policies and guidelines for the NSW TAFE Commission on Occupational Health,
Safety and Rehabilitation;
(2) assisting to
achieve the objects of the Occupational Health and Safety Act 2000 and
the Occupational Health and Safety Regulation 2001 by establishing agreed
Occupational Health and Safety consultative arrangements to identify and
implement safe systems of work, safe work practices, working environments and
appropriate risk management strategies; and to determine the level of
responsibility within the NSW TAFE Commission to achieve these objectives;
(3) identifying
training strategies for staff members, as appropriate, to assist in the
recognition, elimination or control of workplace hazards and the prevention of
work related injury and illness;
(4) developing
strategies to assist the rehabilitation of injured staff members;
(5) directly
involving the Managing Director in the provisions of paragraphs (a) to (d)
inclusive of this subclause.
(b) Equality in
employment - The NSW TAFE Commission is committed to the achievement of
equality in employment and the award has been drafted to reflect this
commitment.
(c) Harassment-free
Workplace - Harassment on the grounds of sex, race, marital status, physical or
mental disability, sexual preference, transgender, age or responsibilities as a
carer is unlawful in terms of the Anti-Discrimination Act 1977.
Management and staff are required to refrain from, or being party to, any form
of harassment in the workplace.
6. Dispute Resolution
Procedures
(a) All disputes
relating to the provisions of this award shall initially be dealt with as close
to the source as possible, with graduated steps for further attempts at
resolution at higher levels of authority, if required. Subject to the
provisions of the Industrial Relations Act 1996, the following
procedures shall apply:
(1) Should any
dispute (including a question or difficulty) arise as to matters occurring in a
particular workplace, then the staff member and/or the Association’s workplace
representative shall raise the matter with the appropriate supervisor as soon
as practicable.
(2) The supervisor
shall discuss the matter with the staff member and/or the Association’s
workplace representative as soon as practicable with a view to resolving the
matter or by negotiating an agreed method and time frame for proceeding.
(3) Should the above
procedure be unsuccessful in producing resolution of the dispute or should the
matter be of a nature which involves multiple workplaces, then the staff member
and/or the Association may raise the matter with an appropriate officer of the
NSW TAFE Commission at the institute level with a view to resolving the dispute,
or by negotiating an agreed method and time frame for proceeding.
(4) Where the
procedures in paragraph (3) do not lead to resolution of the dispute, the
matter shall be referred to the Managing Director and the General Secretary of
the Association. They or their nominees
shall discuss the dispute with a view to resolving the matter or by negotiating
an agreed method and time frame for proceeding.
(5) A staff member,
at any stage, may request to be represented by the Association.
(b) Should the above
procedures not lead to a resolution, then either party may make application to
the Industrial Relations Commission of New South Wales.
7. Local Arrangements
(a) Local
arrangements, as specified in this award, may be negotiated between the Managing
Director and the Association in respect of the whole NSW TAFE Commission or
part of the NSW TAFE Commission.
(b) All local
arrangements negotiated between the NSW TAFE Commission and the Association
must:-
(1) be approved by
the Managing Director; and
(2) be approved in
writing by the General Secretary of the Association; and
(3) be contained in
a formal document, such as a co-lateral agreement, a memorandum of
understanding, an award, an enterprise agreement or other industrial
instrument; and
(4) include a clause
allowing either party to terminate the arrangement by giving 12 months’ notice.
(c) Subject to the
provisions of subclause (b) of this clause, nothing in this clause shall
prevent the negotiation of local arrangements between the NSW TAFE Commission
and the Association where the conditions of employment of any group are such
that the application of the standard flexitime provisions would not be
practicable. Where such local
arrangements do not include provisions in relation to core time, settlement
periods, contract hours, flex credit, flex debit, or flex leave, the relevant
provisions of clause 18. Flexible Working Hours of this award shall apply.
(d) Attendance and
the accrual of flexible working hours credit - A staff member may only work
outside the hours of a standard day but within the bandwidth and accrue hours
toward a flexible working hours credit if the work is available to be
performed.
(e) Where a staff
member has accrued 8 weeks recreation leave, unless otherwise authorised by
their manager, flex leave can only be taken where recreation leave has been
applied for and approved. If, however,
recreation leave has been applied for and declined or not actioned by the
manager, access to flex leave is still available.
8. Working Hours
(a) The working
hours of staff and the manner of their recording, shall be as determined from
time to time by the Managing Director. Such direction will include the
definition of full time contract hours as contained in clause 3, Definitions of
this award.
(b) An appropriate
staff member will be responsible to the Managing Director for the proper
observance of hours of work and for the proper recording of such attendance.
(c) The Managing
Director may require a staff member to perform duty beyond the hours determined
under subclause (a) of this clause but only if it is reasonable for the staff
member to be required to do so. A staff
member may refuse to work additional hours in circumstances where the working
of such hours would result in the staff member working unreasonable hours. In determining what is unreasonable the
following factors shall be taken into account:
(1) the staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements,
(2) any risk to
staff member health and safety,
(3) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services,
(4) the notice (if
any) given by the Managing Director regarding the working of the additional
hours, and by the staff member of their intention to refuse the working of
additional hours, or
(5) any other
relevant matter.
(d) The application
of hours of work is subject to the provisions of this clause.
(e) The ordinary
hours may be standard or flexible and may be worked on a full time or part-time
basis.
(f) The Managing
Director shall ensure that all staff members employed in the NSW TAFE
Commission are informed of the hours of duty required to be worked and of their
rights and responsibilities in respect of such hours of duty.
9. Casual Employment
This clause will only apply to those employees whose
conditions of employment are not otherwise included in another industrial
instrument.
(a) Hours of Work
(1) A casual
employee is engaged and paid on an hourly basis.
(2) A casual
employee will be engaged or paid for a minimum of 3 consecutive hours for each
day worked.
(3) A casual employee
shall not work more than 9 consecutive hours per day (exclusive of meal breaks)
without the payment of overtime for such time in excess of 9 hours, except
where longer periods are permitted under another award or local agreement under
clause 7 of this award, covering the particular class of work or are required
by the usual work pattern of the position.
(b) Rate of Pay
(1) Casual employees
shall be paid the ordinary hourly rate of pay calculated by the following
formula for the hours worked per day:
Annual salary divided by 52.17857 divided by ordinary
weekly hours for the classification
(2) Casual employees
shall be paid a loading on the appropriate ordinary hourly rate of pay, of:
15% for work performed on Mondays to Fridays
(inclusive)
50% for work performed on Saturdays
75% for work performed on Sundays
150% for work performed on public holidays.
(3) Casual employees
shall also receive a 1/12th loading in lieu of annual leave.
(4) The loadings
specified in subclause (b) (2) of this clause are in recognition of the casual
nature of the employment and compensate the employee for all leave, other than
annual leave and long service leave, and all incidence of employment, except
overtime.
(c) Overtime
(1) Casual employees
shall be paid overtime for work performed:
(i) in excess of 9
consecutive hours (excluding meal breaks) except where longer periods are
permitted under another award or local agreement under clause 7 of this award,
covering the particular class of work or are required by the usual work pattern
of the position; or
(ii) outside the
bandwidth applicable to the particular class of work; or
(iii) in excess of
the daily roster pattern applicable for the particular class of work; or
(iv) in excess of
the standard weekly roster of hours for the particular class of work; or
(v) in accordance
with a local arrangement negotiated under clause 7 of this Award.
(2) Overtime rates
will be paid in accordance with the rates set in clause 86, Overtime Worked by
Day Workers, of this award.
(3) Overtime
payments for casual employees are based on the ordinary hourly rate plus the
15% loading set out in subclause (b) (2) of this clause.
(4) The loading in
lieu of annual leave as set out in subclause (b) (3) of this clause is not
included in the hourly rate for the calculation of overtime payments for casual
employees.
(d) Leave
(1) Other than as
described under subclauses (d)(3), (d)(4), (d)(5) and (d)(6) of this clause,
casual employees are not entitled to any other paid or unpaid leave.
(2) As set out in
subclause (b)(3) of this clause, casual employees will be paid 1/12th in lieu
of annual leave.
(3) Casual employees
will be entitled to Long Service Leave in accordance with the provisions of the
Long Service Leave Act 1955.
(4) Casual employees
will be entitled to unpaid parental leave under Chapter 2, Part 4, Division 1,
Section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial
Relations Act 1996. The following
provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
(i) The Managing
Director 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 the Managing Director in relation to
engagement and re-engagement of casual employees are not affected, other than
in accordance with this clause.
(5) Personal Carers
Entitlement for casual employees
(i) Casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a family member described in clause 72(a)(3) of the award
who is sick and requires care and support, or who requires care due to an
unexpected emergency, or the birth of a child.
This entitlement is subject to the evidentiary requirements set out
below in (iv), and the notice requirements set out in (v).
(ii) The Managing
Director and the casual 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.
(iii) The Managing
Director must not fail to re-engage a casual employee because the employee
accessed the entitlements provided for in this clause. The rights of the Managing Director to
engage or not to engage a casual employee are otherwise not affected.
(iv) The casual
employee shall, if required:
(a) establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person, or
(b) establish by
production of documentation acceptable to the Managing Director or a statutory declaration, the
nature of the emergency and that such emergency resulted in the person
concerned requiring care by the employee.
In normal circumstances, a casual employee must not
take carer’s leave under this subclause where another person had taken leave to
care for the same person.
(v) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the Managing Director of
their inability to attend for duty. If
it is not reasonably practicable to inform the Managing Director during the
ordinary hours of the first day or shift of such absence, the employee will
inform the Managing Director within 24 hours of the absence..
(6) Bereavement
entitlements for casual employees
(i) Casual
employees are entitled to not be available to attend work, or to leave work
upon the death in Australia of a family member (as defined in 72(a)(3)) on
production of satisfactory evidence (if required by the Managing Director).
(ii) The Managing
Director and the casual 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.
(iii) The Managing
Director must not fail to re-engage a casual employee because the employee
accessed the entitlements provided for in this clause. The rights of the Managing Director to
engage or not engage a casual employee are otherwise not affected.
(iv) The casual
employee must, as soon as reasonably practicable and during the ordinary hours
of the first day or shift of such absence, inform the Managing Director of
their inability to attend for duty. If
it is not reasonably practicable to inform the Managing Director during the
ordinary hours of the first day or shift of such absence, the employee will
inform the Managing Director within 24 hours of the absence.
(e) Application of
other clauses of this award to casual employees
(1) The following
clauses of this award do not apply to casual employees:
|
8
|
Working Hours
|
|
12
|
Variation of Hours
|
|
13
|
Natural emergencies and Major transport disruptions
|
|
16
|
Public Holidays
|
|
17
|
Standard Working Hours
|
|
21
|
Excess Travelling time
|
|
22
|
Waiting Time
|
|
39
|
Room at Home Used as an office
|
|
40
|
Semi Official Telephones
|
|
41
|
On call Allowance
|
|
49 to 57
|
relating to Trade Union activities
|
|
59
|
Travelling and other costs of Trade Union Delegates
|
|
63
|
Leave - General Provisions
|
|
64 to 81
|
relating to the various leave provisions
|
|
82
|
Study Assistance
|
|
83
|
Shift Work
|
|
84 to 85
|
relating to overtime
|
|
87 to 88
|
relating to recall to duty and standby arrangements
|
|
92
|
Payment for overtime or leave in lieu
|
9A. School Based
Apprentices
(a) Definition
A school based apprentice is an employee who is
undertaking an apprenticeship under a training contract while also enrolled in
the Higher School Certificate.
(b) Wages
(i) The hourly
rates for full time apprentices as set out in this award shall apply to school
based apprentices for total hours worked including time deemed to be spent in
off-the-job training.
(ii) For the
purposes of subclause (b)(i) of this clause, where a school based apprentice is
a full time school student, the time spent in off-the-job training for which
the school based apprentice is paid is deemed to be 25 per cent of the actual
hours worked on-the-job each week.
(iii) The wages paid
for training time may be averaged over the school term or year.
(iv) Where this award
specifies a weekly rate for full time apprentices, the hourly rate shall be
calculated by dividing the applicable weekly rate by 38.
(c) Progression
through the Wage Structure
(i) School based
apprentices progress through the wage scale at the rate of 12 months’
progression for each two years of employment as an apprentice.
(ii) The rates of
pay are based on a standard apprenticeship of four years. The rate of progression reflects the average
rate of skill acquisition expected from the typical combination of work and
training for a school based apprentice undertaking the applicable
apprenticeship.
(d) Conversion from
a school based apprentice to a full time apprenticeship
Where an apprentice converts from a school based to a
full time apprenticeship, all time spent as a full time apprentice counts for
the purpose of progression through the wage scale set out in this award. This progression applies in addition to the
progression achieved as a school based apprentice.
(e) Conditions of
Employment
Except as provided by this clause, school based
apprentices are entitled to pro rata entitlements of all other conditions of
employment contained in this award.
9B. Part-Time
Employment
(a) General
(1) This clause
shall only apply to part-time staff members whose conditions of employment are
not otherwise provided for in another industrial instrument.
(2) Part-time work
may be undertaken with the agreement of the Managing Director. Part-time work
may be undertaken in a part-time position or under a part-time arrangement.
(3) A part-time
staff member is to work contract hours less than full-time hours.
(4) Unless otherwise
specified in the award, part-time staff members receive full time entitlements
on a pro rata basis calculated according to the number of hours a staff member
works in a part-time position or under a part-time arrangement. Entitlements to
paid leave will accrue on the equivalent hourly basis.
(5) Before
commencing part-time work, the Managing Director and the staff member must
agree upon:
(i) the hours to be
worked by the staff member, the days upon which they will be worked, commencing
and ceasing times for the work, and whether hours may be rostered flexibly;
(ii) whether
flexible working hours provisions or standard hours provisions will apply to
the part-time staff member; and
(iii) the
classification applying to the work to be performed;
(6) The terms of the
agreement must be in writing and may only be varied with the consent of both
parties.
(7) Incremental
progression for part-time staff members is the same as for full time staff members,
that is, part-time staff members receive an increment annually.
(b) Additional hours
(1) An employer may
request, but not require, a part-time staff member to work additional hours.
For the time worked in excess of the staff member’s usual hours and up to the
normal full-time hours for the classification, part-time staff members may
elect to:
(i) be paid for
additional hours at their hourly rate plus a loading of 4/48ths in lieu of
recreation leave; or
(ii) if working
under a Flexible Working Hours scheme under clause 18 of the award, or a Local
Agreement made in accordance with clause 7 of the award, have the time worked
credited as flex time.
(2) For time worked
in excess of the full-time hours of the classification, or outside the
bandwidth payment shall be made at the appropriate overtime rate in accordance
with clause 90, Rate of Payment for Overtime of the award.
10. Morning and
Afternoon Breaks
Staff members may take a 10 minute morning break, provided
that the discharge of public business is not affected and, where practicable,
they do so out of the view of the public contact areas. Staff members, other
than the 38 hour week workers, may also take a 10 minute afternoon break,
subject to the same conditions as apply to the morning break.
11. Meal Breaks
Meal breaks must be given to and taken by staff members. No
staff member shall be required to work continuously for more than 5 hours
without a meal break, provided that:
(a) where the
prescribed break is more than 30 minutes, the break may be reduced to not less
than 30 minutes if the staff member agrees. If the staff member requests to
reduce the break to not less than 30 minutes, the reduction must be
operationally convenient; and
(b) where the nature
of the work of a staff member or a group of staff members is such that it is
not possible for a meal break to be taken after not more than 5 hours, local
arrangements may be negotiated between the Managing Director and the
Association to provide for payment of a penalty.
12. Variation of
Hours
If the Managing Director is satisfied that a staff member is
unable to comply with the general hours operating in the NSW TAFE Commission
because of limited transport facilities, urgent personal reasons, community or
family reasons, the Managing Director may vary the staff member's hours of
attendance on a one off, short or long-term basis, subject to the following:
(a) the variation
does not adversely affect the operational requirements;
(b) there is no
reduction in the total number of daily hours to be worked;
(c) the variation is
not more than an hour from the commencement or finish of the span of usual
commencing and finishing time;
(d) a lunch break of
one hour is available to the staff member, unless the staff member elects to
reduce the break to not less than 30 minutes;
(e) no overtime or
meal allowance payments are made to the staff member, as a result of an
agreement to vary the hours;
(f) ongoing
arrangements are documented; and
(g) the Association
is consulted, as appropriate, on any implications of the proposed variation of
hours for the work area.
13. Natural
Emergencies and Major Transport Disruptions
A staff member prevented from attending work at a normal
work location by a natural emergency or by a major transport disruption may:
(a) apply to vary
the working hours as provided in clause 12, Variation of Hours of this award
and/or
(b) negotiate an
alternative working location with the NSW TAFE Commission; and/or
(c) take available
family and community service leave and/or flex leave, recreation or extended
leave or leave without pay to cover the period concerned.
14. Assistance With
Transport
The extent of any assistance by the NSW TAFE Commission with
transport of a staff member between the workplace and residence or part of the
distance involved, shall be determined by the Managing Director according to
the provisions contained in clause 95, Provision of Transport in Conjunction
with Working of Overtime of this award.
15. Notification of
Absence from Duty
(a) If a staff
member is to be absent from duty, other than on authorised leave, the staff
member must notify the supervisor, or must arrange for the supervisor to be
notified, as soon as possible, of the reason for the absence.
(b) If a staff
member is absent from duty without authorised leave and does not provide an
explanation of the absence to the satisfaction of the appropriate Managing
Director, the amount representing the period of absence shall be deducted from
the staff member's pay.
16. Public Holidays
(a) Unless directed
to attend for duty by the Managing Director, a staff member is entitled to be
absent from duty without loss of pay on any day which is:
(1) a public holiday
throughout the State; or
(2) a local holiday
in that part of the State at or from which the staff member performs duty; or
(3) a day between
Boxing Day and New Year's Day determined by the appropriate Managing Director
as a public service holiday, unless a staff member is eligible for a union
picnic day under another industrial instrument.
(b) A staff member
required by the Managing Director to work on a local holiday may be granted
time off in lieu on an hour for hour basis for the time worked on a local
holiday.
(c) If a local
holiday falls during a staff member's absence on leave, the staff member is not
to be credited with the holiday.
17. Standard Working
Hours
(a) Standard hours
are set and regular with an hour for lunch and, if worked by the staff member
under a flexible working hours scheme, would equal the contract hours required
to be worked under the scheme. Standard
hours could be full time or part time.
(b) Urgent Personal
Business - Where a staff member requires to undertake urgent personal business,
appropriate leave or time off may be granted by the Managing Director. Where
time off has been granted, such time shall be made up as set out in subclause
(d) of this clause.
(c) Late Attendance
- If a staff member is late for work, such staff member must either take
appropriate leave or, if the Managing Director approves, make the time up in
accordance with subclause (d) of this clause.
(d) Making up of
Time - The time off taken in circumstances outlined in subclauses (b) and (c)
of this clause must be made up at the earliest opportunity. The time may be
made up on the same day or on a day or days agreed to between the staff member
and the Managing Director.
18. Flexible Working
Hours
(a) The parties to
this award are committed to fostering flexible work practices with the
intention of providing greater flexibility in dealing with workloads, work
deadlines and the balance between work and family life. All parties are committed to managing time
worked to prevent any forfeiture of credit hours accumulated under a Flexible
Working Hours Agreement.
(b) Consistent with
local arrangements negotiated under clause 7, Local Arrangements of this award,
and consistent with subclause (a) of this clause a flexible working hours
scheme in terms of this subclause may operate in the NSW TAFE Commission,
subject to operational requirements, as determined by the Managing Director.
(c) Where the
operational requirements allow, the working of a flexible hours under a
flexible working hours scheme operating in the NSW TAFE Commission, shall be
extended to a staff member working under a part time work arrangement.
(d) Exclusions -
Flexible working hours shall not apply to staff members who work:
a 38 hour week and are entitled to a rostered day off
in a regular cycle; or
permanent standard hours; or
except as negotiated under clause 7 of this award,
according to a shift roster.
(e) Attendance
A staff member’s attendance outside the hours of a
standard day but within the bandwidth shall be subject to the availability of
work.
(f) Bandwidth
The bandwidth shall be between the hours of 7.30am and
6.00pm, unless a different time span has been negotiated under a local
arrangement in terms of clause 7, Local Arrangements.
(g) Core Time
The core time shall be between the hours of 9.30am and
3.30pm, excluding the lunch break, unless other arrangements have been
negotiated under a local arrangement in terms of Clause 7, Local Arrangements.
(h) Lunch Break
The standard lunch period shall be one hour. With the approval of the supervisor, the
lunch period may be extended by the staff member up to two and one half hours
or reduced to not less than 30 minutes within the span of hours determined by
the Managing Director. Where a local
arrangement has been negotiated in terms of clause 7, Local Arrangements, the
lunch break shall be taken in accordance with such local arrangement.
(i) Settlement
Period
Unless a local arrangement has been negotiated in terms
of clause 7, Local Arrangements, the settlement period shall be four weeks.
(1) For
time-recording purposes, the settlement period and flex leave must coincide.
(2) Where
exceptional circumstances apply, e.g. prolonged transport strikes, adverse
weather conditions and the like, the Managing Director may extend the affected
settlement period by a further four weeks.
(j) Contract Hours
The contract hours for a settlement period shall be
calculated by multiplying the staff member's weekly contract hours by the
number of weeks in a settlement period.
(k) Flexible Working
Hours Credit
A staff member may carry a maximum of 10 hours' credit
into the next settlement period. Local
arrangements in terms of clause 7, Local Arrangements, may be negotiated in
respect of the carry-over of additional flexible hours' credit than permitted
in this clause, the length of the settlement period and the banking of any
accumulated credit hours for time worked.
(l) Weekly hours
worked during the settlement period are to be monitored by the staff member and
their supervisor. If it appears that
the staff member may exceed an accumulated work time of 150 hours in a
settlement period, or if the total hours of work in a settlement period with
the credit hour carry-over from the previous settlement period may exceed 150
hours, the supervisor and staff member shall develop a strategy to ensure that
the staff member does not forfeit any of the credit hours accumulated, or
likely to be accumulated.
(m) Flexible Working
Hours Debit
The following provisions shall apply to the carry-over
of flexible working hours debits, unless a local arrangement has been negotiated
in terms of clause 7, Local Arrangements:
(1) a debit of up to
10 hours at the end of a settlement period may be carried over into the next
period;
(2) where the debit
exceeds 10 hours, the excess will be debited as leave without pay, unless the
staff member elects to be granted available recreation or extended leave to
offset the excess;
(3) any debit of
hours outstanding on a staff member's last day of duty is to be deducted from
any unpaid salary or the monetary value of accrued recreation/extended
leave. If applicable, the debit of
hours may be transferred to the next New South Wales public sector organisation
under the Public Sector Staff Mobility Policy.
(n) Cessation of
Duty
A staff member may receive payment for a flex day
accrued and remaining untaken on the last day of service:
(1) where the staff
member's services terminate without a period of notice for reasons other than
misconduct; or
(2) where an
application for flex leave which would have eliminated the accumulated day or
days was made during the period of notice of retirement or resignation and was
refused or could not be granted; or
(3) in such other
circumstances as have been negotiated between the Managing Director and the
Association under a local arrangement in terms of clause 7, Local Arrangements.
(4) Prior to a staff
member’s last day of service, the staff member and supervisor shall ensure that
a staff member does not forfeit any credit hours accumulated. Strategies to reduce accumulated credit
hours may include those outlined in paragraph (2) of subclause (p) of this
clause.
(o) Where a staff
member ceases duty in the NSW TAFE Commission in order to take up employment in
another public service or public sector organisation, the same provisions as
apply to recreation leave under the mobility provisions of the Public Sector
Employment and Management Act 2002 shall apply to the accrued but untaken
or not forfeited flex leave.
(p) Flex Leave
Subject to operational requirements:
(1) a staff member
may take off one full day or two half days in a settlement period of four
weeks;
(2) where it appears
a staff member may exceed a 10-hour credit, as per subclause (l) of this
clause, strategies to reduce this credit may include the granting of additional
full days, consecutive days, half days, or any combination of days and half
days;
(3) flex leave may
be taken on consecutive working days;
(4) absences on flex
leave may be combined with other periods of authorised leave;
(5) local
arrangements in respect of the taking of flex leave may be negotiated in terms
of clause 7, Local Arrangements.
(q) Absence during
Core Time
Where a staff member needs to take a short period of
authorised leave within core time, other than flex leave, the quantum of leave
to be granted shall be determined according to the provisions contained in
clause 64, Absence from Work.
(r) Standard Hours
Notwithstanding the provisions of this clause, the
Managing Director may direct the staff member to work standard hours and not
flexible hours:
(1) where the
Managing Director decides that the working of flexible hours by a staff member
or members does not suit the operational requirements of the NSW TAFE
Commission or section of the NSW TAFE Commission, the Association shall be
consulted, where appropriate; or
(2) as remedial
action in respect of a staff member who has been found to have deliberately and
persistently breached the flexible working hours scheme.
(s) Easter
Concession
Staff members who work under a flexible working hours
scheme may be granted, subject to the convenience of the NSW TAFE Commission,
an additional half day's flex leave on the Thursday preceding the Good Friday
public holiday or, if directed to work, an additional half day’s flex leave on
another day within that settlement period.
19. Rostered Days Off
for 38 Hour Week Workers
(a) The provisions
of this clause apply only to those staff members who work a 38 hour week and
are entitled to a rostered day off in a regular cycle.
(b) Time for a
rostered day off accrues at 0.4 of an hour each 8 hour day.
(1) Except as
provided in paragraph (2) of this subclause, all paid ordinary working time and
paid leave count towards accrual of time for the rostered day off.
(2) Limit - When a
long period of approved leave is taken, accrual towards a rostered day off
applies only in respect of the 4 weeks’ period during which the staff member
resumes duty.
(3) Exception -
Notwithstanding the provisions of paragraph (2) of this subclause, where more
generous provisions apply to the accrual of rostered days off, such provisions
shall continue to apply until renegotiated.
(c) In the event of
unforeseen circumstances or the NSW TAFE Commission's operational requirements,
the rostered day off may be deferred and taken at a later more suitable time.
(d) Where seasonal
or school vacation considerations affect NSW TAFE Commission operations,
rostered days off may be accrued and taken during a less active period.
(e) A rostered day
off is not to be re-credited if the staff member is ill or incapacitated on a
rostered day off.
(f) Payment of
higher duties is not to be made to another staff member for undertaking some or
all of the duties of the staff member who is absent on a rostered day off.
20. Existing Hours of
Work Determinations
Any existing determinations or agreements in respect of the
hours of work which operated in the NSW TAFE Commission or part of the NSW TAFE
Commission as at the effective date of this award, shall continue to apply
until renegotiated.
21. Excess Travelling
Time
(a) Excess
Travelling Time - A staff member directed by the Managing Director to travel on
official business outside the usual hours of duty to perform duty at a location
other than normal headquarters will, at the Managing Director’s discretion, be
compensated for such time either by:
(1) Payment
calculated in accordance with the provisions contained in this clause; or
(2) If it is
operationally convenient, by taking equivalent time off in lieu to be granted
for excess time spent in travelling on official business. Such time in lieu must be taken within 1
month of accrual unless otherwise authorised by the staff member’s manager.
(b) Compensation
under paragraphs (1) or (2) of subclause (a) of this clause, shall be subject
to the following conditions:
(1) on a non-working
day - all time spent travelling on official business;
(2) on a working day
- subject to the provisions of subclause (e) of this clause, all additional
time spent travelling before or after the staff member's normal hours of duty,
provided the period for which compensation is being
sought is more than a half an hour on any one day.
(c) No compensation
for travelling time shall be given in respect of travel between 11.00 p.m. on
any one day and 7.30a.m. on the following day where the staff member has
travelled overnight and sleeping facilities have been provided for the staff
member.
(d) Compensation for
travelling time shall be granted only in respect of the time that might
reasonably have been taken by the use of the most practical and economic means
of transport.
(e) Compensation for
excess travelling time shall exclude the following:
(1) time normally
taken for the periodic journey from home to headquarters and return;
(2) any periods of
excess travel of less than 30 minutes on any one day;
(3) travel to new
headquarters on permanent transfer, if special leave has been granted for the
day or days on which travel is to be undertaken;
(4) time from
11.00p.m. on one day to 7.30a m. on the following day if sleeping facilities
have been provided.
(5) travel not
undertaken by the most practical available route;
(6) any travel
undertaken by a member of staff whose salary includes an "all incidents of
employment" component;
(7) time within the
flex time bandwidth;
(8) travel overseas.
(f) Payment -
Payment for travelling time calculated in terms of this clause shall be at the
staff member’s ordinary rate of pay on an hourly basis calculated as follows:
|
Annual salary
|
X
|
5
|
X
|
1
|
|
1
|
260.89
|
Normal hours of
work
|
(g) The rate of
payment for travel or waiting time on a non-working day shall be the same as
that applying to a working day.
(h) Staff members
whose salary is in excess of the maximum rate for Clerk, Grade 5 shall be paid
travelling time or waiting time calculated at the maximum rate for Clerk, Grade
5 plus $1.00 per annum, as adjusted from time to time.
(i) Time off in
lieu or payment for excess travelling time or waiting time will not granted or
made for more than eight hours in any period of 24 consecutive hours.
22. Waiting Time
When a staff member travelling on official business is
required to wait for transport in order to commence a journey to another
location or to return home or headquarters and such time is outside the normal
hours of duty, the waiting time shall be treated and compensated for in the
same manner as excess travelling time pursuant to clause 21, Excess Travelling
Time.
23. Travelling
Compensation
(a) Any authorised
official travel and associated expenses, properly and reasonably incurred by a
staff member required to perform duty at a location other than their normal
headquarters shall be met by the NSW TAFE Commission.
(b) The Managing
Director shall require staff members to obtain an authorisation for all
official travel prior to incurring any travel expense.
(c) Where available
at a particular centre or location, the overnight accommodation to be occupied
by staff members who travel on official business shall be the middle of the
range standard, referred to generally as three star or three diamond standard
of accommodation.
(d) Where payment of
a proportionate amount of an allowance applies in terms of this clause, the
amount payable shall be the appropriate proportion of the daily rate. Any
fraction of an hour shall be rounded off to the nearest half-hour.
(e) The NSW TAFE
Commission will elect whether to pay the accommodation directly or whether a
staff member should pay the accommodation and be compensated in accordance with
this clause. Where practicable, staff
members shall obtain prior approval when making their own arrangements for
overnight accommodation.
(f) Subject to
subclause (n), a staff member who is required by the Managing Director to work
from a temporary work location shall be compensated for accommodation, meal and
incidental expenses properly and reasonably incurred during the time actually
spent away from the staff member's residence in order to perform the work.
(g) If meals are
provided by the Government at the temporary work location, the staff member
shall not be entitled to claim the meal allowance.
(h) For the first 35
days, the payment shall be:
(1) where the NSW
TAFE Commission elects to pay the accommodation provider the staff member shall
receive:
(i) the appropriate
meal allowance in accordance with Item 1 of Table 1 - Allowances of Part B
Monetary Rates and
(ii) incidentals as
set out in Item 3 of Table 1 - Allowances of Part B Monetary Rates, and
(iii) actual meal
expenses properly and reasonably incurred (excluding morning and afternoon
teas) for any residual part day travel;
(2) where the NSW
TAFE Commission elects not to pay the accommodation provider the staff member
shall elect to receive either:
(i) the appropriate
rate of allowance specified in Item 2 of Table 1 - Allowances of Part B
Monetary Rates, and actual meal expenses properly and reasonably incurred
(excluding morning and afternoon teas) for any residual part day travel; OR
(ii) in lieu of (i)
above, payment of the actual expenses properly and reasonably incurred for the
whole trip on official business (excluding morning and afternoon teas) together
with an incidental expenses allowance set out in Item 2 of Table 1 - Allowances
of Part B Monetary Rates.
(i) Payment of the
appropriate allowance for an absence of less than 24 hours may be made only
where the staff member satisfies the Managing Director that, despite the period
of absence being of less than 24 hours duration, expenditure for accommodation
and three meals has been incurred.
(j) Where a staff
member is unable to so satisfy the Managing Director, the allowance payable for
part days of travel shall be limited to the expenses incurred during such part
day travel.
(k) After the first
35 days - If a staff member is required by the Managing Director to work in the
same temporary work location for more than 35 days, such staff member shall be
paid the appropriate rate of allowance as specified in Item 2 of Table 1 -
Allowances of Part B Monetary Rates.
(l) Long term
arrangements - As an alternative to the provisions after the first 35 days set
out in subclause (k) of this clause, NSW TAFE Commission could make alternative
arrangements for meeting the additional living expenses, properly and
reasonably incurred by a staff member working from a temporary work location.
(m) The return of a
staff member to their home at weekends, on rostered days off or during short
periods of leave while working from a temporary work location shall not
constitute a break in the temporary work arrangement.
(n) This clause does
not apply to staff members who are on an employee-initiated secondment in
accordance with section 86 of the Act and described in the Commentary and
Guidelines on Staff Mobility (temporary staff transfers - section 86 and temporary assignment - section 88) and Cross-Agency
Employment (section 100) Public Sector Employment and Management Act 2002.
24. Meal Expenses on
One Day Journeys
A staff member who is authorised by the Managing Director to
undertake a one-day journey on official business which does not require the
staff member to obtain overnight accommodation, shall be paid the appropriate
rate of allowance set out in Item 1 - Allowances of Table 1 of Part B Monetary
Rates for:-
(a) breakfast when
required to commence travel at or before 6.00 a.m. and at least 1 hour before
the prescribed starting time;
(b) an evening meal
when required to travel until or beyond 6.30 p.m.; and
(c) lunch when
required to travel a total distance on the day of at least 100 kilometres and,
as a result, is located at a distance of at least 50 kilometres from the staff
member’s normal headquarters at the time of taking the normal lunch break.
25. (Deleted)
26. (Deleted)
27. Restrictions on
Payment of Travelling Allowances
(a) An allowance
under clause 23, Travelling Compensation is not payable in respect of:
(1) any period
during which the staff member returns to their residence at weekends or public
holidays, commencing with the time of arrival at that residence and ending at
the time of departure from the residence;
(2) any period of
leave, except with the approval of the Managing Director or as otherwise
provided by this clause; or
(3) any other period
during which the staff member is absent from the staff member's temporary work
location otherwise than on official duty.
(b) A staff member
who is in receipt of an allowance under clause 23. Travelling Compensation,
shall be entitled to the allowance in the following circumstances:
(1) when granted
special leave to return to their residence at a weekend, for the necessary
period of travel for the journey from the temporary work location to the staff
member's residence; and for the return journey from the staff member's
residence to the temporary work location, or
(2) when leaving a
temporary work location on ceasing to perform duty at or from a temporary work
location, for the necessary period of travel to return to the staff member's
residence or to take up duty at another temporary work location;
but is not entitled to any other allowance in respect
of the same period.
28. Increase Or
Reduction in Payment of Travelling Allowances
Where the Managing Director is satisfied that a travelling
allowance is:
(a) insufficient to
adequately reimburse the staff member for expenses properly and reasonably
incurred, a further amount may be paid to reimburse the staff member for the
additional expenses incurred; or
(b) in excess of the
amount which would adequately reimburse the staff member for expenses properly
and reasonably incurred, the allowance may be reduced to an amount which would
reimburse the staff member for expenses incurred properly and reasonably.
29. Production of
Receipts
Payment of any actual expenses shall be subject to the
production of receipts, unless the Managing Director is prepared to accept
other evidence from the staff member.
30. Travelling
Distance
The need to obtain overnight accommodation shall be
determined by the Managing Director having regard to the safety of the staff
member or members travelling on official business and local conditions
applicable in the area. Where staff members are required to attend conferences
or seminars which involve evening sessions or staff members are required to
make an early start at work in a location away from their normal workplace,
overnight accommodation may be granted by the Managing Director.
31. Camping
Allowances
(a) Except as
provided in another industrial instrument, payment of the camping allowance
applies to a staff member who is:-
(1) in receipt of a
camping equipment allowance under clause 32, Camping Equipment Allowance; or
(2) provided with
camping equipment by the NSW TAFE Commission; or
(3) reimbursed by
the NSW TAFE Commission for the cost of hiring camping equipment.
(b) When required to
camp in connection with the performance of official duties, a staff member
shall be paid an allowance for the expenses incurred in camping as follows:-
(1) the daily rate
specified in Item 4 of Table 1 of Part B Monetary Rates for all expenses; and
(2) where required
to camp for more than 40 nights in any calendar years - that daily rate plus
the additional rate for that year as specified in Item 4 of Table 1 -
Allowances of Part B of Monetary Rates.
(c) Where the
Managing Director is satisfied that it was not reasonable in the circumstances
for the staff member to camp, a staff member who is entitled to camping
allowance shall be paid a travelling allowance under clause 23 instead of the
camping allowance.
(d) A staff member
who is paid a remote areas allowance under clause 35 of this award is entitled
to continue to receive that allowance while receiving a camping allowance.
32. Camping Equipment
Allowance
(a) In this clause,
"camping equipment" includes instrument and travelling equipment.
(b) A staff member
who provides camping equipment required for the performance of official duties
shall be paid a camping equipment allowance at the rate specified in Item 5 of
Table 1 - Allowances of Part B Monetary Rates for the expense of providing the
equipment.
(c) A staff member
who provides own bedding and sleeping bags while camping on official business,
shall be paid an additional allowance at the rate specified in Item 5 of Table
1 - Allowances of Part B Monetary Rates.
33. Allowance Payable
for Use of Private Motor Vehicle
(a) The Managing
Director may authorise a staff member to use a private motor vehicle for work
where:
(1) such use will
result in greater efficiency or involve the NSW TAFE Commission in less expense
than if travel were undertaken by other means; or
(2) where the staff
member is unable to use other means of transport due to a disability.
(b) The staff member
must have in force in respect of a motor vehicle used for work, in addition to
any policy required to be effected or maintained under the Motor Vehicles
(Third Party Insurance) Act, 1942, a comprehensive motor vehicle insurance
policy to an amount and in a form approved by the Managing Director.
(c) A staff member
who, with the approval of the Managing Director, uses a private motor vehicle
for work shall be paid an appropriate rate of allowance specified in Item 6 of
Table 1 of Part B Monetary Rates for the use of such private motor vehicle.
(d) Different levels
of allowance are payable for the use of a private motor vehicle for work
depending on the circumstances and the purpose for which the vehicle is used.
(1) The casual rate
is payable if a staff member elects, with the approval of the Managing
Director, to use their vehicle for occasional travel for work. This is subject to the allowance paid for
the travel not exceeding the cost of travel by public or other available
transport.
(2) The official
business rate is payable if a staff member is directed, and agrees, to use the
vehicle for official business and there is no other transport available. It is also payable where the staff member is
unable to use other transport due to a disability. The official business rate includes a component to compensate a
staff member for owning and maintaining the vehicle.
(e) Expenses such as
tolls etc. shall be refunded to staff members where the charge was incurred
during approved work related travel.
(f) Where a staff
member tows a trailer or horse-float during travel resulting from approved work
activities while using a private vehicle, the staff member shall be entitled to
an additional allowance as prescribed in Item 6 of Table 1 - Allowances of Part
B Monetary Rates.
(g) Except as
otherwise specified in this award, a staff member shall bear the cost of
ordinary daily travel by private motor vehicle between the staff member's
residence and headquarters.
34. Damage to Private
Motor Vehicle Used for Work
(a) Where a private
vehicle is damaged while being used for work, any normal excess insurance
charges prescribed by the insurer shall be reimbursed by the NSW TAFE
Commission, provided:
(1) the damage is
not due to gross negligence by the staff member; and
(2) the charges
claimed by the staff member are not the charges prescribed by the insurer as
punitive excess charges.
(b) Provided the
damage is not the fault of the staff member, the NSW TAFE Commission shall
reimburse to a staff member the costs of repairs to a broken windscreen, if the
staff member can demonstrate that:
(1) the damage was
sustained on approved work activities; and
(2) the costs cannot
be met under the insurance policy due to excess clauses.
35. Allowance for
Living in a Remote Area
(a) A staff member
shall be paid an allowance for the increased cost of living and the climatic
conditions in a remote area, if:
(1) indefinitely
stationed and living in a remote area as defined in clause 3, Definitions of
this Award; or
(2) not indefinitely
stationed in a remote area but because of the difficulty in obtaining suitable
accommodation compelled to live in a remote area as defined in clause 3,
Definitions of this award.
(b) Grade of
appropriate allowance payable under this clause shall be determined as follows:
(1) Grade A
allowances - the appropriate rate shown as Grade A in Item 7 of Table 1 -
Allowances of Part B Monetary Rates in respect of all locations in a remote area,
as defined in clause 3, Definitions of this award, except as specified in
paragraphs (2) and (3) of this subclause;
(2) Grade B
allowances - the appropriate rate shown as Grade B in Item 7 of Table 1 -
Allowances of Part B Monetary Rates; in respect of the towns and localities of
Angledook, Barringun, Bourke, Brewarrina, Clare, Enngonia, Goodooga, Ivanhoe,
Lake Mungo, Lightning Ridge, Louth, Mungindi, Pooncarie, Redbank, Walgett,
Wanaaring, Weilmoringle, White Cliffs, Wilcannia and Willandra;
(3) Grade C
allowances - the appropriate rate shown as Grade C in Item 7 of Table 1 -
Allowances of Part B Monetary Rates in respect of the localities of Fort Grey,
Mutawintji, Mount Wood, Nocoleche, Olive Downs, Tibooburra and Yathong.
36. Assistance to
Staff Members Stationed in a Remote Area When Travelling on Recreation Leave
A staff member who:
(a) is indefinitely
stationed in a remote area as defined in clause 3, Definitions of this award;
and
(b) proceeds on
recreation leave to any place which is at least 480 kilometres by the nearest
practicable route from the staff member's work location in that area, shall be
paid an allowance once in any period of 12 months at the appropriate rate shown
in Item 8 of Table 1 - Allowance of Part B Monetary Rates for the additional
costs of travel.
37. Overseas Travel
Unless the Managing Director determines that a staff member
shall be paid travelling rates especially determined for the occasion, a staff
member required by the Managing Director to travel overseas on official
business, shall be paid the appropriate overseas travelling allowance rates as
specified in the relevant Department of
Premier and Cabinet Circular as issued from time to time.
38. Exchanges
(a) The Managing
Director may arrange two way or one way exchanges with other organisations both
public and private, if the NSW TAFE Commission or the staff member will benefit
from additional training and development which is intended to be used in the
carrying out of the NSW TAFE Commission's business.
(b) The conditions
applicable to those staff members who participate in exchanges will be
determined by the Managing Director according to the individual circumstances
in each case (Item 9 of Table 1 - Allowances of Part B Monetary Rates).
(c) The provisions
of this subclause do not apply to the loan of services of staff members to the
Association. The provisions of clause 52, Conditions Applying to On Loan
Arrangements of this award apply to staff members who are loaned to the
Association.
39. Room at Home Used
as Office
(a) Where no office
is provided in a particular location - Where it is impractical to provide an
office in a particular location, staff members stationed in such a location may
be required to use a spare room at their home as an office. In such cases, the
NSW TAFE Commission will be responsible for providing furniture, telephone and
other equipment, as required. In addition, an allowance as specified in Item 10
of Table 1 - Allowances of Part B Monetary Rates is payable for the use of a room
at home as an office.
(b) Where an office
exists in a particular location - Where a NSW TAFE Commission office or offices
already exist in a particular location but the staff member and the manager
agree that the staff member could work from home on a short term or longer term
basis, the arrangement shall be negotiated in accordance with the provisions of
the Flexible Work Practices, Policy and Guidelines.
(c) Requirements -
Arrangements under subclause (a) or (b) of this clause shall be subject to:
(1) a formal
agreement being reached in respect of the hours to be worked; and
(2) the occupational
health and safety, provision of equipment requirements and any other relevant
conditions specified in Part 2, Section 7 Working from Home in the Flexible Work
Practices, Policy and Guidelines.
40. Semi-Official
Telephones
(a) Reimbursement of
expenses associated with a private telephone service installed at the residence
of a staff member shall be made as specified in this clause if the staff member
is required to be contacted or is required to contact others in connection with
the duties of his/her position in the NSW TAFE Commission, as and when
required.
(b) The service must
be located in the staff member's principal place of residence and its telephone
number communicated to all persons entitled to have out of hours contact with
the staff member.
(c) The
semi-official telephone allowance applies to staff who are required, as part of
their duties to:
(1) give decisions,
supply information or provide emergency services; and/or
(2) be available for
reasons of safety or security for contact by the public outside of normal
office hours.
(d) Unless better
provisions already apply to a staff member or a staff member has been provided
with an official telephone, reimbursement of expenses under this clause shall
be limited to the following:
(1) the connection
fee for a telephone service, if the service is not already available at the
staff member's principal place of residence;
(2) the full annual
base rental charged for the telephone service regardless of whether any
official calls have been made during the period; and
(3) the full cost of
official local, STD and ISD calls.
(e) To be eligible
for reimbursement, staff must submit their telephone account and a statement
showing details of all official calls, including:
(1) date, time,
length of call and estimated cost;
(2) name and phone
number of the person to whom call was made; and
(3) reason for the
call.
41. On-Call Allowance
Unless already eligible for an on-call allowance under
another industrial instrument, a staff member shall be:
(a) entitled to be
paid the on call allowance set out in Item 11 of Table 1 - Allowances of Part B
Monetary Rates when directed by the NSW TAFE Commission to be on call outside
the staff member's working hours;
(b) if a staff
member who is on call and is called out by the NSW TAFE Commission, the
overtime provisions as set out in clause 85, Overtime Worked by Shift Workers
or clause 86, Overtime Worked by Day Workers of this award, whichever is
appropriate, shall apply to the time worked;
(c) where work
problems are resolved without travel to the place of work whether on a weekday,
weekend or public holiday, work performed shall be compensated at ordinary time
for the time actually worked, calculated to the next 15 minutes.
42. Uniforms and
Protective Clothing
(a) Uniform, etc.
provided by the NSW TAFE Commission - A staff member who is required or
authorised by the appropriate Managing Director to wear a uniform, protective
clothing or other specialised clothing in connection with the performance of
official duties shall be provided by the NSW TAFE Commission with such
clothing.
(b) Uniform, etc.
provided by the staff member - Where the uniform, protective clothing or other
specialised clothing is provided by the staff member, such staff member shall
be reimbursed the cost of the uniform, protective clothing or other specialised
clothing.
43. Payment of
Laundry Allowance
(a) A staff member
who is entitled to a laundry allowance at the time of making this award shall
continue to receive the allowance as specified in Item 12 of Table 1 -
Allowances of Part B, Monetary Rates.
(b) Where payment of
the laundry allowance is not appropriate because of the specialised nature of
the clothing, the cost of maintaining such clothing shall be met by the NSW
TAFE Commission.
44. Compensation for
Damage to Or Loss of Staff Member’s Personal Property
(a) Where damage to
or loss of the staff member's personal property occurs in the course of
employment, a claim may be lodged under the Workers Compensation Act 1987
and/or under any insurance policy of the NSW TAFE Commission covering the
damage to or loss of the personal property of the staff member.
(b) If a claim under
subclause (a) of this clause is rejected by the insurer, the Managing Director
may compensate a staff member for the damage to or loss of personal property,
if such damage or loss:
(1) is due to the
negligence of the NSW TAFE Commission, another staff member, or both, in the
performance of their duties; or
(2) is caused by a
defect in a staff member's material or equipment; or
(3) results from a
staff member’s protection of or attempt to protect NSW TAFE Commission property
from loss or damage.
(c) Compensation in
terms of subclause (b) of this clause shall be limited to the amount necessary
to repair the damaged item. Where the item cannot be repaired or is lost, the
Managing Director may pay the cost of a replacement item, provided the item is
identical to or only marginally different from the damaged or lost item and the
claim is supported by satisfactory evidence as to the price of the replacement
item.
(d) For the purpose
of this clause, personal property means a staff member's clothes, spectacles,
hearing-aid, tools of trade or similar items which are ordinarily required for
the performance of the staff member’s duties.
(e) Compensation for
the damage sustained shall be made by the NSW TAFE Commission where, in the
course of work, clothing or items such as spectacles, hearing aids, etc, are
damaged or destroyed by natural disasters or by theft or vandalism.
45. Garage and
Carport Allowance
(a) Where a staff
member garages a NSW TAFE Commission vehicle in their own garage or carport and
the use of the garage or carport is considered essential by the Managing
Director, such staff member shall be paid an appropriate rate of allowance as
specified in Item 13 of Table 1 - Allowances of Part B, Monetary Rates.
(b) Payment of the
garage or carport allowance shall continue during periods when the staff member
is absent from headquarters.
46. Community
Language Allowance Scheme (ClAS)
Staff members who possess a basic level of competence in a
community language and who work in locations where their community language is
utilised at work to assist clients and such staff members are not:
(a) employed as
interpreters and translators; and
(b) employed in
those positions where particular language skills are an integral part of
essential requirements of the position, shall be paid an allowance as specified
in Item 14 of Table 1 - Allowances of Part B Monetary Rates.
47. First Aid
Allowance
(a) A staff member
appointed as a First Aid Officer shall be paid a first aid allowance at the
rate appropriate to the qualifications held by such staff member as specified
in Item 15 of Table 1 - Allowances of Part B Monetary Rates.
(b) The First Aid
Allowance shall not be paid during leave of one week or more.
(c) When the First
Aid Officer is absent on leave for one week or more and another qualified staff
member is selected to relieve in the First Aid Officer's position, such staff
member shall be paid a pro rata first aid allowance for assuming the duties of
a First Aid Officer.
48. Review of
Allowances Payable in Terms of This Award
Adjustment of Allowances - Allowances contained in this
award shall be reviewed as follows:
(a) Allowances
listed in this subclause will be determined at a level consistent with the
reasonable allowances amounts for the appropriate income year as published by
the Australian Taxation Office (ATO).
(1) clause 23.
Travelling Compensation;
(2) clause 24, Meal
Expenses on one day journeys;
(3) clause 33,
Allowances payable for the use of private motor vehicles;
(4) clause 89,
Overtime meal allowances, for breakfast, lunch and dinner.
(b) Allowances
payable in terms of clauses listed in this subclause shall be adjusted on 1
July each year in line with the increases in the Consumer Price Index for
Sydney during the preceding year (March quarter figures):
(1) clause 31,
Camping Allowances;
(2) clause 32,
Camping Equipment Allowance;
(3) clause 35,
Allowance for Living in a Remote Area;
(4) clause 36,
Assistance to Staff Members Stationed in a Remote Area when Travelling on
Recreation Leave;
(5) clause 39, Room
at Home used as Office;
(6) clause 43,
Payment of Laundry Allowance
(7) clause 45,
Garage and Carport Allowance; and
(8) clause 89,
Overtime Meal Allowances for supper.
(c) Allowances
payable in terms of clauses listed in this subclause shall continue to be
subject to a percentage increase under an industrial instrument and shall be
adjusted on and from the date or pay period the percentage increase takes
effect:
(1) clause 41, On
call Allowance;
(2) clause 46,
Community Language Allowance Scheme (CLAS);
(3) clause 47, First
Aid Allowance.
49. Trade Union
Activities Regarded as on Duty
An Association delegate will be released from the
performance of normal duty when required to undertake any of the activities
specified below. While undertaking such
activities, the Association delegate will be regarded as being on duty and will
not be required to apply for leave:
(a) Attendance at
meetings of the workplace's Occupational Health and Safety Committee and
participation in all official activities relating to the functions and
responsibilities of elected Occupational Health and Safety Committee members at
a place of work as provided for in the Occupational Health and Safety Act 2000
and the Occupational Health and Safety Regulation 2001;
(b) Attendance at
meetings with workplace management or workplace management representatives;
(c) A reasonable
period of preparation time, before -
(1) meetings with
management;
(2) disciplinary or
grievance meetings when an Association member requires the presence of an
Association delegate; and
(3) any other
meeting with management; by agreement with management, where operational
requirements allow the taking of such time;
(d) giving evidence
in court on behalf of the NSW TAFE Commission;
(e) appearing as a
witness before the Government and Related Employees Appeal Tribunal;
(f) representing
the Association at the Government and Related Employees Appeal Tribunal as an
advocate or as a Tribunal Member;
(g) presenting
information on the Association and Association activities at induction sessions
for new staff of the NSW TAFE Commission; and
(h) distributing
official Association publications or other authorised material at the
workplace, provided that a minimum of 24 hours' notice is given to workplace
management, unless otherwise agreed between the parties. Distribution time is to be kept to a minimum
and is to be undertaken at a time convenient to the workplace.
50. Trade Union
Activities Regarded as Special Leave
The granting of special leave with pay will apply to the
following activities undertaken by an Association delegate, as specified below:
(a) annual or
biennial conferences of the Association;
(b) meetings of the
Association's Executive, Committee of Management or Councils;
(c) annual
conference of the Labor Council of New South Wales and the biennial Congress of
the Australian Council of Trade Unions;
(d) attending
meetings called by the Labor Council of New South Wales involving the
Association which requires attendance of a delegate;
(e) giving evidence
before an Industrial Tribunal as a witness for the Association;
(f) reasonable
travelling time to and from conferences or meetings to which the provisions of
clauses 49, 50 and 51 apply.
51. Trade Union
Training Courses
The following training courses will attract the grant of
special leave as specified below:
(a) accredited
Occupational Health and Safety (OH&S) courses and any other accredited
OH&S training for OH&S Committee members. The provider(s) of accredited OH&S training courses and the
conditions on which special leave for such courses will be granted, shall be
negotiated between the Managing Director and the Association under a local
arrangement pursuant to clause 7, Local Arrangements;
(b) courses
organised and conducted by the Trade Union Education Foundation or by the
Association or a training provider nominated by the Association. A maximum of 12 working days in any period
of two years applies to this training and is subject to:
(1) the operating
requirements of the workplace permitting the grant of leave and the absence not
requiring employment of relief staff;
(2) payment being at
the base rate, i.e. excluding extraneous payments such as shift
allowances/penalty rates, overtime, etc.;
(3) all travelling
and associated expenses being met by the staff member or the Association;
(4) attendance being
confirmed in writing by the Association or a nominated training provider.
52. Conditions
Applying to on Loan Arrangements
Subject to the operational requirements of the workplace, on
loan arrangements will apply to the following activities:
(a) meetings
interstate or in New South Wales of a Federal nature to which an Association
member has been nominated or elected by the Association:
(1) as an Executive
Member; or
(2) as a member of a
Federal Council; or
(3) as a member of a
vocational or industry committee.
(b) briefing counsel
on behalf of the Association;
(c) assisting
Association officials with preparation of cases or any other activity outside
their normal workplace at which the delegate is required to represent the
interests of the Association;
(d) country tours
undertaken by a member of the executive or Council of the Association;
(e) taking up
full-time duties with the Association if elected to the office of President,
General Secretary or to another full-time position with the Association.
(f) Financial
Arrangements
The following financial arrangements apply to the
occasions when a staff member is placed "on loan" to the Association:
(1) The NSW TAFE
Commission will continue to pay the delegate or an authorised Association
representative whose services are on loan to the Association;
(2) The NSW TAFE
Commission will seek reimbursement from the Association at regular intervals of
all salary and associated on costs, including superannuation, as specified by
the New South Wales Treasury from time to time.
(3) Agreement with
the Association on the financial arrangements must be reached before the on
loan arrangement commences and must be documented in a manner negotiated
between the Managing Director and the Association.
(g) Recognition of
"On Loan" Arrangement as Service
On loan arrangements negotiated in terms of this clause
are to be regarded as service for the accrual of all leave and for incremental
progression.
(h) Limitation
On loan arrangements may apply to full-time or
part-time staff and are to be kept to the minimum time required. Where the Association needs to extend an on
loan arrangement, the Association shall approach the Managing Director in
writing for an extension of time well in advance of the expiration of the
current period of on loan arrangement.
53. Period of Notice
for Trade Union Activities
The Managing Director must be notified in writing by the
Association or, where appropriate, by the accredited delegate as soon as the
date and/or time of the meeting, conference or other accredited activity is
known.
54. Access to
Facilities By Trade Union Delegates
The workplace shall provide accredited delegates with
reasonable access to the following facilities for authorised Association
activities:
(a) telephone,
facsimile and, where available, e-mail facilities;
(b) a notice board
for material authorised by the Association or access to staff notice boards for
material authorised by the Association;
(c) workplace
conference or meeting facilities, where available, for meetings with member(s),
as negotiated between local management and the Association.
55. Responsibilities
of the Trade Union Delegate
Responsibilities of the Association delegate are to:
(a) establish
accreditation as a delegate with the Association and provide proof of
accreditation to the workplace;
(b) participate in
the workplace consultative processes, as appropriate;
(c) follow the
dispute settling procedure applicable in the workplace;
(d) provide
sufficient notice to the immediate supervisor of any proposed absence on
authorised Association business;
(e) account for all
time spent on authorised Association business;
(f) when special
leave is required, to apply for special leave in advance;
(g) distribute
Association literature/membership forms, under local arrangements negotiated
between the Managing Director and the Association; and
(h) use any
facilities provided by the workplace properly and reasonably as negotiated at
organisational level.
56. Responsibilities
of the Trade Union
Responsibilities of the Association are to:
(a) provide written
advice to the Managing Director about an Association activity to be undertaken
by an accredited delegate and, if requested, to provide written confirmation to
the workplace management of the delegate's attendance/participation in the
activity;
(b) meet all
travelling, accommodation and any other costs incurred by the accredited
delegate, except as provided in subclause (c) of clause 57, Responsibilities of
Workplace Management;
(c) pay promptly any
monies owing to the workplace under a negotiated on loan arrangement;
(d) provide proof of
identity when visiting a workplace in an official capacity, if requested to do
so by management;
(e) apply to the
Managing Director well in advance of any proposed extension to the "on
loan" arrangement;
(f) assist the
workplace management in ensuring that time taken by the Association delegate is
accounted for and any facilities provided by the employer are used reasonably
and properly; and
(g) advise the
employer of any leave taken by the Association delegate during the on loan
arrangement.
57. Responsibilities
of Workplace Management
Where time is required for Association activities in
accordance with this clause, the responsibilities of workplace management are
to:
(a) release the
accredited delegate from duty for the duration of the Association activity, as
appropriate, and, where necessary, allow for sufficient travelling time during
the ordinary working hours;
(b) advise the
workplace delegate of the date of the next induction session for new staff
members in sufficient time to enable the Association to arrange representation
at the session;
(c) meet the travel
and/or accommodation costs properly and reasonably incurred in respect of
meetings called by the workplace management;
(d) where
appropriate, provide relief in the position occupied by the delegate in the
workplace, while the delegate is undertaking Association responsibilities to
assist with the business of workplace management;
(e) re-credit any
other leave applied for on the day to which special leave or release from duty
subsequently applies;
(f) where an
Association activity provided under this clause needs to be undertaken on the
Association delegate's rostered day off or during an approved period of flex
leave, apply the provisions of subclause (e) of this clause;
(g) continue to pay
salary during an "on loan" arrangement negotiated with the Association
and obtain reimbursement of salary and on costs from the Association at regular
intervals, or as otherwise agreed between the parties if long-term arrangements
apply;
(h) verify with the
Association the time spent by an Association delegate or delegates on
Association business, if required; and
(i) if the time
and/or the facilities allowed for Association activities are thought to be used
unreasonably and/or improperly, consult with the Association before taking any
remedial action.
58. Right of Entry
Provisions
The right of entry provisions shall be as prescribed under
the Occupational Health and Safety Act 2000 and the Industrial
Relations Act 1996.
59. Travelling and
Other Costs of Trade Union Delegates
(a) Except as
specified in subclause (c) of clause 57, Responsibilities of Workplace
Management, all travel and other costs incurred by accredited Association
delegates in the course of Association activities will be paid by the
Association.
(b) In respect of
meetings called by the workplace management in terms of subclause (c) of clause
57, the payment of travel and/or accommodation costs, properly and reasonably
incurred, is to be made, as appropriate, on the same conditions as apply under
clauses 23, 24, or 27 of this Award.
(c) No overtime,
leave in lieu, shift penalties or any other additional costs will be claimable
by a staff member from the NSW TAFE Commission in respect of Association
activities covered by special leave or on duty activities provided for in this
clause.
(d) The on loan
arrangements shall apply strictly as negotiated and no extra claims in respect
of the period of on loan shall be made on the NSW TAFE Commission by the
Association or the staff member.
60. Industrial Action
(a) Provisions of
the Industrial Relations Act 1996 shall apply to the right of
Association members to take lawful industrial action (Note the obligations of
the parties under clause 6, Grievance and Dispute Settling Procedures).
(b) There will be no
victimisation of staff members prior to, during or following such industrial
action.
61. Consultation
There shall be effective means of consultation on matters of
mutual interest and concern, both formal and informal, between management and
the Association.
62. Deduction of
Trade Union Membership Fees
At the staff member’s election, the Managing Director shall
provide for the staff member’s Association membership fees to be deducted from
the staff member’s pay and ensure that such fees are transmitted to the staff
member’s Association at regular intervals. Alternative arrangements for the
deduction of Association membership fees may be negotiated between the Managing
Director and the Association in accordance with clause 7, Local Arrangements of
this award.
63. Leave - General
Provisions
(a) The leave
provisions contained in this Award apply to all staff members other than those
to whom arrangements apply under another industrial instrument or under a local
arrangement negotiated between the Managing Director and the Association in
terms of clause 7, Local Arrangements of this award.
(b) Unless otherwise
specified, part-time staff members will receive the leave provisions of this
award on a pro rata basis, calculated according to the number of hours worked
per week.
(c) A temporary
employee is eligible to take a period of approved leave during the current
period of employment and may continue such leave during a subsequent period or
periods of employment in the NSW TAFE Commission, if such period or periods of
employment commence immediately on termination of a previous period or periods
of employment.
(d) Where paid and
unpaid leave is available to be granted in terms of this award, paid leave
shall be taken before unpaid leave.
64. Absence from Work
(a) A staff member
must not be absent from work unless reasonable cause is shown.
(b) If a staff
member is to be absent from duty because of illness or other emergency, the
staff member shall notify or arrange for another person to notify the
supervisor as soon as possible of the staff member's absence and the reason for
the absence.
(c) If a
satisfactory explanation for the absence, is not provided, the staff member
will be regarded as absent from duty without authorised leave and the Managing
Director shall deduct from the pay of the staff member the amount equivalent to
the period of the absence.
(d) The minimum
period of leave available to be granted shall be a quarter day, unless local
arrangements negotiated in the workplace allow for a lesser period to be taken.
(e) Nothing in this
clause affects any proceedings for a breach of discipline against a staff
member who is absent from duty without authorised leave.
65. Applying for
Leave
(a) An application
by a staff member for leave under this Award shall be made to and dealt with by
the Managing Director.
(b) The Managing
Director shall deal with the application for leave according to the wishes of
the staff member, if the operational requirements of the NSW TAFE Commission
permit this to be done.
66. Parental Leave
Parental leave includes maternity, adoption and "other
parent" leave.
(a) Maternity leave
shall apply to a staff member who is pregnant and, subject to this clause the
staff member shall be entitled to be granted maternity leave as follows:
(1) For a period up
to 9 weeks prior to the expected date of birth; and
(2) For a further
period of up to 12 months after the actual date of birth.
(3) A staff member
who has been granted maternity leave and whose child is stillborn may elect to
take available sick leave instead of maternity leave.
(b) Adoption leave
shall apply to a staff member adopting a child and who will be the primary care
giver, the staff member shall be granted adoption leave as follows:
(1) For a period of
up to 12 months if the child has not commenced school at the date of the taking
of custody; or
(2) For such period,
not exceeding 12 months on a full-time basis, as the Managing Director may
determine, if the child has commenced school at the date of the taking of
custody.
(3) Special Adoption
Leave - A staff member shall be entitled to special adoption leave (without
pay) for up to 2 days to attend interviews or examinations for the purposes of
adoption. Special adoption leave may be taken as a charge against recreation
leave, extended leave, flexitime or family and community service leave.
(c) Where maternity
or adoption leave does not apply; "other parent" leave is available
to male and female staff who apply for leave to look after his/her child or
children. Other parent leave applies as follows:
(1) Short other
parent leave - an unbroken period of up to 8 weeks at the time of the birth of
the child or other termination of the spouse's or partner's pregnancy or, in
the case of adoption, from the date of taking custody of the child or children;
(2) Extended other
parent leave - for a period not exceeding 12 months, less any short other
parental leave already taken by the staff member as provided for in paragraph
(1) of this subclause. Extended other parental leave may commence at any time
up to 2 years from the date of birth of the child or the taking of custody of
the child.
(d) A staff member
taking maternity or adoption leave is entitled to payment at the ordinary rate
of pay for a period of up to 14 weeks, a staff member entitled to short other
parent leave is entitled to payment at the ordinary rate of pay for a period of
up to 1 week, provided the staff member:
(1) Applied for
parental leave within the time and in the manner determined set out in
subclause (i) of this clause; and
(2) Prior to the
commencement of parental leave, completed not less than 40 weeks' continuous
service.
(3) Payment for the
maternity, adoption or short other parent leave may be made as follows:
(i) in advance as a
lump sum; or
(ii) fortnightly as
normal; or
(iii) fortnightly at
half pay; or
(iv) a combination
of full‑pay and half pay.
(e) Payment for
parental leave is at the rate applicable when the leave is taken. A member of
staff holding a full time position who is on part time leave without pay when
they start parental leave is paid:
(1) at the full time
rate if they began part time leave 40 weeks or less before starting parental
leave;
(2) at the part time
rate if they began part time leave more than 40 weeks before starting parental
leave and have not changed their part time work arrangements for the 40 weeks;
(3) at the rate
based on the average number of weekly hours worked during the 40 week period if
they have been on part time leave for more than 40 weeks but have changed their
part time work arrangements during that period.
(f) A staff member
who commences a subsequent period of maternity or adoption leave for another
child within 24 months of commencing an initial period of maternity or adoption
leave will be paid:
(1) at the rate
(full time or part time) they were paid before commencing the initial leave if
they have not returned to work; or
(2) at a rate based
on the hours worked before the initial leave was taken, where the staff member
has returned to work and reduced their hours during the 24 month period; or
(3) at a rate based
on the hours worked prior to the subsequent period of leave where the staff
member has not reduced their hours.
(g) Except as
provided in subclauses (d), (e) and (f) of this clause parental leave shall be
granted without pay.
(h) Right to request
(1) A staff member
who has been granted parental leave in accordance with subclause (a), (b) or
(c) may make a request to the Managing Director to:
(i) extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(ii) return from a
period of full time parental leave on a part time basis until the child reaches
school age (Note: returning to work from parental leave on a part time basis
includes the option of returning to work on part time leave without pay);
to assist the staff member in reconciling work and
parental responsibilities.
(2) The Managing
Director shall consider the request having regard to the staff member’s
circumstances and, provided the request is genuinely based on the staff
member’s parental responsibilities, may only refuse the request on reasonable
grounds related to the effect on the workplace or the NSW TAFE Commission’s
business. Such grounds might include cost,
lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
(i) Notification
Requirements
(1) When NSW TAFE
Commission is made aware that a staff member or their spouse is pregnant, or a
staff member’s spouse is pregnant or is adopting a child, the NSW TAFE Commission
must inform the staff member of their entitlements and their obligations under
the Award.
(2) A staff member
who wishes to take parental leave must notify the Managing Director in writing
at least 8 weeks (or as soon as practicable) before the expected commencement
of parental leave:
(i) that she/he
intends to take parental leave, and
(ii) the expected
date of birth or the expected date of placement, and
(iii) if she/he is
likely to make a request under subclause(h).
(3) At least 4 weeks
before a staff member's expected date of commencing parental leave they must
advise:
(i) the date on
which the parental leave is intended to start, and
(ii) the period of
leave to be taken.
(4) Staff member’s
request and the Managing Director’s decision to be in writing
The staff member’s request under 66(h)(1) and the
Managing Director’s decision made under 66(h)(2) must be recorded in writing.
(5) A staff member
intending to request to return from parental leave on a part time basis or seek
an additional period of leave of up to 12 months must notify the Managing Director in writing as soon as
practicable and preferably before beginning parental leave. If the notification
is not given before commencing such leave, it may be given at any time up to 4
weeks before the proposed return on a part time basis, or later if the Managing
Director agrees.
(6) A staff member
on maternity leave is to notify the NSW TAFE Commission of the date on which
she gave birth as soon as she can conveniently do so.
(7) A staff member
must notify the NSW TAFE Commission as soon as practicable of any change in her
intentions as a result of premature delivery or miscarriage.
(8) A staff member
on maternity or adoption leave may change the period of leave or arrangement,
once without the consent of the NSW TAFE Commission and any number of times
with the consent of the NSW TAFE Commission. In each case she/he must give the
NSW TAFE Commission at least 14 days notice of the change unless the Managing
Director decides otherwise.
(j) A staff member
has the right to her/his former position if she/he has taken approved leave or
part time work in accordance with subclause (h), and she/he resumes duty
immediately after the approved leave or work on a part time basis.
(k) If the position
occupied by the staff member immediately prior to the taking of parental leave
has ceased to exist, but there are other positions available that the staff
member is qualified for and is capable of performing, the staff member shall be
appointed to a position of the same grade and classification as the staff
member’s former position.
(l) A staff member
does not have a right to her/his former position during a period of return to
work on a part time basis. If the Managing Director approves a return to work
on a part time basis then the position occupied is to be at the same
classification and grade as the former position.
(m) A staff member
who has returned to full time duty without exhausting their entitlement to 12
months unpaid parental leave is entitled to revert back to such leave. This may
be done once only, and a minimum of 4 weeks notice (or less if acceptable to
the NSW TAFE Commission) must be given.
(n) A staff member
who is sick during her pregnancy may take available paid sick leave or accrued
recreation or extended leave or sick leave without pay. A staff member may
apply for accrued recreation leave, extended leave or leave without pay before
taking maternity leave. Any leave taken before maternity leave, ceases at the
end of the working day immediately preceding the day she starts her nominated
period of maternity leave or on the working day immediately preceding the date
of birth of the child, whichever is sooner.
(o) A staff member
may elect to take available recreation leave or extended leave within the
period of parental leave provided this does not extend the total period of such
leave.
(p) A staff member
may elect to take available recreation leave at half pay in conjunction with
parental leave subject to:
(1) accrued
recreation leave at the date leave commences is exhausted within the period of
parental leave
(2) the total period
of parental leave, is not extended by the taking of recreation leave at half
pay
(3) When calculating
other leave accruing during the period of recreation leave at half pay, the
recreation leave at half pay shall be converted to the full time equivalent and
treated as full pay leave for accrual of further recreation, extended and other
leave at the full time rate
(q) If, for any
reason, a pregnant staff member is having difficulty in performing her normal
duties or there is a risk to her health or to that of her unborn child the
Managing Director, should, in consultation with the member of staff, take all
reasonable measures to arrange for safer alternative duties. This may include,
but is not limited to greater flexibility in when and where duties are carried
out, a temporary change in duties, retraining, multi-skilling, teleworking and
job redesign.
(r) If such
adjustments cannot reasonably be made, the Managing Director must grant the
staff member maternity leave, or any available sick leave, for as long as it is
necessary to avoid exposure to that risk as certified by a medical
practitioner, or until the child is born which ever is the earlier.
(s) Communication
during parental leave
(1) Where a staff
member is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the NSW TAFE Commission 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 staff member
held before commencing parental leave; and
(ii) provide an
opportunity for the staff member to discuss any significant effect the change
will have on the status or responsibility level of the position the staff
member held before commencing parental leave.
(2) The staff member
shall take reasonable steps to inform the Managing Director about any
significant matter that will affect the staff member’s decision regarding the
duration of parental leave to be taken, whether the staff member intends to
return to work and whether the staff member intends to request to return to
work on a part time basis.
(3) The staff member
shall also notify the Managing Director of changes of address or other contact
details which might affect the NSW TAFE Commission’s capacity to comply with
paragraph (1).
67. Extended and Long
Service Leave
(a) As provided by
the Act, extended leave shall accrue and shall be granted to full time staff
members in accordance with the provisions of Schedule 3 of the Public Sector
Employment and Management Act 2002 and any amendments thereto.
(b) Permanent part
time staff members shall accrue and shall be granted extended leave on the same
terms and conditions as full time staff members under subclause (a) of this
clause, except that extended leave will accrue and be granted on a
proportionate basis.
(c) Temporary part
time staff members shall accrue and shall be granted long service leave in
accordance with the provisions of the Long Service Leave Act 1955 and
any amendments thereto.
68. Family and
Community Service Leave
(a) The Managing
Director shall grant to a staff member some, or all of their accrued family and
community service leave on full pay, for reasons relating to unplanned and
emergency family responsibilities or other emergencies as described in
subclause (b). The Managing Director
may also grant leave for the purposes in subclause (c). Non-emergency appointments or duties shall
be scheduled or performed outside of normal working hours or through approved
use of flexible working arrangements or other appropriate leave.
(b) Such unplanned
and emergency situations may include, but not be limited to, the following:-
(1) compassionate
grounds - such as the death or illness of a close member of the family or a
member of the staff member's household;
(2) emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
(3) emergency or
weather conditions - such as when
flood, fire, snow or disruption to utility services etc, threatens a
staff member’s property and/or prevents a staff member from reporting for duty;
(4) Attending to
unplanned or unforeseen family responsibilities, such as attending child's
school for an emergency reason or emergency cancellations by child care
providers;
(5) attendance at
court by a staff member to answer a charge for a criminal offence, only if the
Managing Director considers the granting of family and community service leave
to be appropriate in a particular case;
(c) Family and
community service leave may also be granted for:
(1) An absence
during normal working hours to attend meetings, conferences or to perform other
duties, for staff members holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the staff member does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council; and
(2) Attendance as a
competitor in major amateur sport (other than Olympic or Commonwealth Games)
for staff members who are selected to represent Australia or the State.
(d) The definition
of "family" or "relative" in this clause is the same as
that provided in paragraph 72(a)(3) of this award.
(e) Family and
community service leave shall accrue as follows:
(1) two and a half
days in the staff member’s first year of service;
(2) two and a half
days in the staff member’s second year of service; and
(3) one day per year
thereafter.
(f) If available
family and community service leave is exhausted, on the death of a person defined
in paragraph (3) of subclause 72(a), Use of Sick Leave to Care for a Family
Member, additional paid family and community service leave of up to 2 days may
be granted on a discrete, per occasion basis to a staff member.
(g) In cases of
illness of a family member for whose care and support the staff member is
responsible, paid sick leave in accordance with subclause 72(a), Use of Sick
Leave to Care for a Family Member shall be granted when paid family and
community service leave has been exhausted or is unavailable.
69. Leave Without Pay
(a) The Managing
Director may grant leave without pay to a staff member if good and sufficient
reason is shown.
(b) Leave without
pay may be granted on a full-time or a part-time basis.
(c) Where a staff
member is granted leave without pay for a period not exceeding 10 consecutive
working days, the staff member shall be paid for any proclaimed public holidays
falling during such leave without pay.
(d) Where a staff
member is granted leave without pay which, when aggregated, does not exceed 5
working days in a period of twelve (12) months, such leave shall count as
service for incremental progression and accrual of recreation leave.
(e) A staff member
who has been granted leave without pay, shall not engage in private employment
of any kind during the period of leave without pay, unless prior approval has
been obtained from the Managing Director.
(f) A staff member
shall not be required to exhaust accrued paid leave before proceeding on leave
without pay but, if the staff member elects to combine all or part of accrued
paid leave with leave without pay, the paid leave shall be taken before leave
without pay.
(g) No paid leave
shall be granted during a period of leave without pay.
(h) A permanent
appointment may be made to the staff member’s position if:
(1) the leave
without pay has continued or is likely to continue beyond the original period
of approval and is for a total period of more than 12 months; and
(2) the staff member
is advised of the NSW TAFE Commission’s proposal to permanently backfill their
position; and
(3) the staff member
is given a reasonable opportunity to end the leave without pay and return to
their position; and
(4) the NSW TAFE
Commission advised the staff member at the time of the subsequent approval that
the position will be filled on a permanent basis during the period of leave
without pay.
(i) The position
cannot be filled permanently unless the above criteria are satisfied.
(j) The staff
member does not cease to be employed by the NSW TAFE Commission if their
position is permanently backfilled.
(k) Subclause (h)
above does not apply to full-time unpaid parental leave granted in accordance
with paragraph (h)(i) of clause 66, Parental Leave or to military leave.
70. Military Leave
(a) During the
period of 12 months commencing on 1 July each year, the Managing Director may
grant to a staff member who is a volunteer part-time member of the Defence
Forces, military leave on full pay to undertake compulsory annual training and
to attend schools, classes or courses of instruction conducted by the staff
member’s unit.
(b) Up to 26 working
days military leave per financial year may be granted by the Managing Director
to members of the Naval Reserve, up to 28 working days per financial year to
members of the Army Reserve and up to 32 working days per year for members of
the Air Force Reserve for the activities specified in subclause (a) of this
clause.
(c) Employees are
eligible for an additional single period of up to four days of paid military
leave per military leave year, where they require leave in excess of the above
entitlement.
(d) For leave in
excess of the entitlements under (b) and (c ) of this clause staff members will
receive top up pay. Top up pay is the
difference between their Reservist pay and what they would have received
ordinarily if they were at work. During
periods of top up pay the staff member’s superannuation will be maintained and
sick, recreation and extended leave entitlements will accrue.
(e) At the
expiration of military leave, the staff member shall furnish to the Managing
Director a certificate of attendance signed by the commanding officer or other
responsible officer.
71. Observance of
Essential Religious Or Cultural Obligations
(a) A staff member
of:
(1) any religious
faith who seeks leave for the purpose of observing essential religious
obligations of that faith; or
(2) any ethnic or
cultural background who seeks leave for the purpose of observing any essential
cultural obligations, may be granted recreation/extended leave to credit, flex
leave or leave without pay to do so.
(b) Provided
adequate notice as to the need for leave is given by the staff member to the
NSW TAFE Commission and it is operationally convenient to release the staff
member from duty, the Managing Director must grant the leave applied for by the
staff member in terms of this clause.
(c) A staff member
of any religious faith who seek time off during daily working hours to attend
to essential religious obligations of that faith, shall be granted such time
off by the Managing Director, subject to:
(1) adequate notice
being given by the staff member;
(2) prior approval
being obtained by the staff member; and
(3) the time off
being made up in the manner approved by the Managing Director.
(d) Notwithstanding
the provisions of subclause (a), (b) and (c) of this clause, arrangements may
be negotiated between the NSW TAFE Commission and the Association in terms of
clause 7, Local Arrangements of this award to provide greater flexibility for
staff members for the observance of essential religious or cultural
obligations.
72. Personal Carers
Leave
(a) Use of sick
leave to care for a family member
When family and community service leave provided for in
clause 68 is exhausted or unavailable, a staff member with responsibilities in
relation to a category of person set out in subclause (3) of this clause who
needs the staff member’s care and support may elect to use available paid sick
leave, subject to the conditions specified in this clause, to provide such care
and support when a family member is ill.
(1) The sick leave
shall initially be taken from the sick
leave accumulated over the previous 3 years.
In special circumstances, the Managing Director may grant additional
sick leave from the sick leave accumulated during the staff member’s eligible
service.
(2) If required by
the Managing Director to establish the illness of the person concerned, the
staff member must provide evidence consistent with subclause 76(f) of this
award.
(3) The entitlement
to use sick leave in accordance with this clause is subject to:
(i) the staff
member being responsible for the care and support of the person concerned; and
(ii) the person
concerned being:-
- a spouse of the
staff member; or
- a de facto
spouse being a person of the opposite sex to the staff member who lives with
the staff member as her husband or his wife on a bona fide domestic basis
although not legally married to that staff member; or
- a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the staff member or of spouse or of de
facto spouse of the staff member; or
- a same sex
partner who lives with the staff member as the de facto partner of that staff
member on a bona fide domestic basis; or a relative of the staff member who is
a member of the same household, where for the purposes of this definition:-
"relative means a person related by blood,
marriage, affinity or Aboriginal kinship structures;
"affinity" means a relationship that one
spouse or partner has to the relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(b) Use of recreation
leave to care for a family member
(1) A staff member
may elect, with the consent of the Managing Director, to take recreation leave
not exceeding 10 days in single day periods, or part thereof, in any calendar
year at a time or times agreed by the parties.
(2) A staff member
may elect, with the consent of the Managing Director, to take recreation leave
at any time within a period of 24 months from the date at which it falls due.
73. Recreation Leave
(a) Accrual
(1) Except where
stated otherwise in this award, paid recreation leave for full time staff
members and recreation leave for staff members working part time, accrues at
the rate of 20 working days per year. Staff members working part time shall
accrue paid recreation leave on a pro rata basis, which will be determined on
the average weekly hours worked per leave year.
(2) Additional
recreation leave, at the rate of 5 days per year, accrues to a staff member who
is stationed indefinitely in a remote area of the State, as defined in clause
3, Definitions of this award.
(3) Recreation leave
accrues from day to day.
(b) Limits on
Accumulation and Direction to take leave
(1) At least two (2)
consecutive weeks of recreation leave shall be taken by a staff member every 12
months, except by agreement with the Managing Director in special
circumstances.
(2) Where the
operational requirements permit, the application for leave shall be dealt with
by the Managing Director according to the wishes of the staff member.
(3) Recreation leave
should only accumulate to a maximum of 40 working days. Staff members who are shift workers or who
are required to work regularly on weekends and/or public holidays may accrue to
a maximum of 50 days.
(4) Should
recreation leave balances exceed the limits specified in paragraph (3) of this
subclause, the Managing Director may direct staff to take recreation leave with
a reasonable time period and at a time convenient to the NSW TAFE Commission.
(5) A staff member
must take their recreation leave to reduce all balances below 8 weeks or its
hourly equivalent, and the NSW TAFE Commission must cooperate in this
process. The NSW TAFE Commission may
direct a staff member with more than 8 weeks to take their recreation leave so
that it is reduced to below 8 weeks by school term one 2010.
(c) Conservation of
Leave - If the Managing Director is satisfied that a staff member is prevented
by operational or personal reasons from taking sufficient recreation leave to
reduce the accrued leave below 40 or 50 days, the Managing Director shall:
(1) specify in
writing the period of time during which the excess shall be conserved; and
(2) on the
expiration of the period during which conservation of leave applies, grant
sufficient leave to the staff member at a mutually convenient time to enable
the accrued leave to be reduced to an acceptable level below the 40 or 50 day
limit.
(d) Miscellaneous
(1) Unless a local
arrangement has been negotiated between the Managing Director and the
Association, recreation leave is not to be granted for a period less than a
quarter-day or in other than multiples of a quarter day.
(2) Recreation leave
for which a staff member is eligible on cessation of employment is to be
calculated to a quarter day (fractions less than a quarter being rounded up).
(3) Recreation leave
does not accrue to a staff member in respect of any period of absence from duty
without leave or without pay, except as specified in paragraph (4) of this
subclause.
(4) Recreation leave
accrues during any period of leave without pay granted on account of incapacity
for which compensation has been authorised to be paid under the Workers’
Compensation Act 1987; or any period of sick leave without pay or any other
approved leave without pay, not exceeding 5 full time working days, or their
part time equivalent, in any period of 12 months.
(5) The
proportionate deduction to be made in respect of the accrual of recreation
leave on account of any period of absence referred to in paragraph (4) of this
subclause shall be calculated to an exact quarter-day (fractions less than a
quarter being rounded down).
(6) Recreation leave
accrues at half its normal accrual rate during periods of extended leave on
half pay.
(7) On cessation of
employment, a staff member is entitled to be paid, the money value of accrued
recreation leave which remains untaken.
(8) A staff member
to whom paragraph (7) of this subclause applies may elect to take all or part
of accrued recreation leave which remains untaken at cessation of active duty
as leave or as a lump sum payment; or as a combination of leave and lump sum
payment.
(e) Death - Where a
staff member dies, the monetary value of recreation leave accrued and remaining
untaken as at the date of death, shall be paid to the staff member's personal
representative. Where no probate or
letters of administration are produced then the monetary value of recreation
leave may be paid to the person who met the expenses for the funeral.
(f) A staff member
entitled to additional recreation leave under 73(a)(2) Recreation Leave, or 82,
Shift Work, can elect at any time to cash out the additional recreation leave.
74. Annual Leave
Loading
(a) General - Unless
more favourable conditions apply to a staff member under another industrial
instrument, a staff member, other than a trainee who is paid by allowance, is
entitled to be paid an annual leave loading as set out in this subclause.
Subject to the provisions set out in subclauses (b) to (f) of this clause, the
annual leave loading shall be 17½% on the monetary value of up to 4 weeks’
recreation leave accrued in a leave year.
(b) Loading on
additional leave accrued - Where additional leave is accrued by a staff member:
(1) as compensation
for work performed regularly on Sundays and/or Public Holidays, the annual
leave loading shall be calculated on the actual leave accrued or on five weeks,
whichever is the lower.
(2) if stationed in
an area of the State of New South Wales which attracts a higher rate of annual
leave accrual, the annual leave loading shall continue to be paid on a maximum
of 4 weeks leave.
(c) Shift workers -
Shift workers proceeding on recreation leave are eligible to receive the more
favourable of:
(1) the shift
premiums and penalty rates, or any other allowances paid on a regular basis in
lieu thereof, which they would have received had they not been on recreation
leave; or
(2) 17½% annual
leave loading.
(d) Maximum Loading
- Unless otherwise provided in an industrial instrument under which the staff
member is paid, the annual leave loading payable shall not exceed the amount
which would have been payable to a staff member in receipt of salary equivalent
to the maximum salary for a Grade 12 Clerk.
(e) Leave year - For
the calculation of the annual leave loading, the leave year shall commence on 1
December each year and shall end on 30 November of the following year.
(f) Payment of
annual leave loading - Payment of the annual leave loading shall be made on the
recreation leave accrued during the previous leave year and shall be subject to
the following conditions:
(1) annual leave
loading shall be paid on the first occasion in a leave year, other than the
first leave year of employment, when a staff member takes at least two (2)
consecutive weeks recreation leave. Where a staff member does not have at least
2 weeks recreation leave available, the staff member may use a combination of
recreation leave and any of the following: public holidays, flex leave,
extended leave, leave without pay, time off in lieu, rostered day off. The
staff member shall be paid the annual leave loading for such period, provided
the absence is at least 2 weeks.
(2) if at least two
weeks’ leave, as set out in paragraph (1) of this subclause, is not taken in a
leave year, then the payment of the annual leave loading entitlement for the
previous leave year shall be made to the staff member as at 30 November of the
current year.
(3) while annual
leave loading shall not be paid in the first leave year of employment, it shall
be paid on the first occasion in the second leave year of employment when at
least two weeks leave, as specified in paragraph (1) of this subclause, is
taken.
(4) a staff member
who has not been paid the annual leave loading for the previous leave year,
shall be paid such annual leave loading on retirement or termination by the
employer for any reason other than the staff member's serious and intentional
misconduct.
(5) except in cases
of voluntary redundancy, proportionate leave loading is not payable on
cessation of employment.
75. Sick Leave
(a) Payment for sick
leave is subject to the staff member:
(1) Informing their
manager as soon as reasonably practicable that they are unable to perform duty
because of illness. This must be done
as close to the staff member’s starting time as possible; and
(2) Providing
evidence of illness as soon as practicable if required by clause 76 of this
award.
(b) If the Managing
Director is satisfied that a staff member is unable to perform duty because of
the staff member's illness or the illness of his/her family member, the
Managing Director:
(1) shall grant to
the staff member sick leave on full pay; and
(2) may grant to the
staff member, sick leave without pay if the absence of the staff member exceeds
the entitlement of the staff member under this Award to sick leave on full pay.
(c) The Managing
Director may direct a staff member to participate in a return to work program
if the staff member has been absent on a long period of sick leave.
(d) Entitlements. A staff member appointed after the date of
this award variation will commence accruing sick leave in accordance with this
clause immediately. Staff members at
the time of the award variation will accrue sick leave in accordance with this
clause from 1 January 2009 onwards.
(1) At the
commencement of employment with the NSW TAFE Commission, a full-time staff
member is granted an accrual of 5 days sick leave.
(2) After the first
four months of employment, the staff member shall accrue sick leave at the rate
of 10 working days per year for the balance of the first year of service.
(3) After the first
year of service, the staff member shall accrue sick leave day to day at the
rate of 15 working days per year of service.
(4) New appointees
with an accrued sick leave balance from previous employment in a NSW public
sector service (including the NSW TAFE Commission) which is continuous with
current employment with the NSW TAFE Commission are entitled to have that
balance transferred to their current employment in accordance with section 96
of the Public Sector Employment and Management Act 2002 and any amendments
thereto.
(5) New appointees
with an accrued sick leave balance from previous employment with the NSW TAFE
Commission which is not continuous with current employment with the NSW TAFE
Commission are entitled to have that balance transferred to their current
employment provided that sick leave records are available.
(6) Sick leave
without pay shall count as service for the accrual of recreation leave and paid
sick leave. In all other respects sick
leave without pay shall be treated in the same manner as leave without pay.
(7) When determining
the amount of sick leave accrued, sick leave granted on less than full pay,
shall be converted to its full pay equivalent.
(8) Paid sick leave
shall not be granted during a period of unpaid leave.
(e) Payment during
the initial 3 months of service - Paid sick leave which may be granted to a
staff member, other than a temporary staff member employed for less than 3
months, in the first 3 months of service shall be limited to 5 days’ paid sick
leave, unless the Managing Director approves otherwise. Paid sick leave in
excess of 5 days granted in the first 3 months of service shall be supported by
a satisfactory medical certificate.
(f) Temporary staff
members - No paid sick leave shall be granted to temporary employees who are
employed for a period of less than 3 months.
(g) Unless an
apprentice is covered by an industrial instrument which makes a more favourable
provision, all apprentices are granted a maximum of 10 days sick leave on full
pay during each year of their apprenticeship.
Unused sick leave accumulates during the period of the apprenticeship.
76. Sick Leave -
Requirements for Evidence of Illness
(a) A staff member
absent from duty for more than 2 consecutive working days because of illness
must furnish evidence of illness to the Managing Director in respect of the
absence.
(b) In addition to
the requirements under subclause 75(a), a staff member may absent themselves
for a total of 5 working days per annum due to illness without the provision of
evidence of illness to the Managing Director.
Staff members who absent themselves in excess of 5 working days in a
year may be required to furnish evidence of illness to the Managing Director
for each occasion absent for the balance of the calendar year.
(c) As a general
practice backdated medical certificates will not be accepted. However if a staff member provides evidence
of illness that only covers the latter part of the absence, they can be granted
sick leave for the whole period if the Managing Director is satisfied that the
reason for the absence is genuine.
(d) If a staff
member is required to provide evidence of illness for an absence of 2
consecutive working days or less, the Managing Director will advise them in
advance.
(e) If the Managing
Director is concerned about the diagnosis described in the evidence of illness
produced by the staff member, after discussion with the staff member, the
evidence provided and the staff member's application for leave can be referred
to HealthQuest or successor for advice.
(1) The type of
leave granted to the staff member will be determined by the Managing Director
based on HealthQuest’s or successor’s advice.
(2) If sick leave is
not granted, the Managing Director will, as far as practicable, take into
account the wishes of the staff member when determining the type of leave
granted.
(f) The granting of
paid sick leave shall be subject to the staff member providing evidence which
indicates the nature of illness or injury and the estimated duration of the
absence. If a staff member is concerned
about disclosing the nature of the illness to their manager they may elect to
have the application for sick leave dealt with confidentially by an alternate
manager or the human resources section of the NSW TAFE Commission.
(g) The reference in
this clause to evidence of illness shall apply, as appropriate:
(1) up to one week
may be provided by a registered dentist, optometrist, chiropractor, osteopath,
physiotherapist, oral and maxillo facial surgeon or, at the Managing Director's
discretion, another registered health services provider, or
(2) where the
absence exceeds one week, and unless the health provider listed in (1) above is
also a registered medical practitioner, applications for any further sick leave
must be supported by evidence of illness from a registered medical
practitioner, or
(3) at the Managing
Director’s discretion, other forms of evidence that satisfy that a staff member
had a genuine illness.
(h) If a staff
member who is absent on recreation leave or extended leave, furnishes to the
Managing Director satisfactory evidence of illness in respect of an illness
which occurred during the leave, the Managing Director may, subject to the
provisions of this clause, grant sick leave to the staff member as follows:
(1) In respect of
recreation leave, the period set out in the evidence of illness;
(2) In respect of
extended leave, the period set out in the evidence of illness if such period is
5 working days or more.
(i) Subclause (h)
of this clause applies to all staff members other than those on leave prior to
resignation or termination of services, unless the resignation or termination
of services amounts to a retirement.
77. (Deleted)
78. Sick Leave - Workers
Compensation
(a) The Managing
Director shall advise each staff member of the rights under the Workers
Compensation Act 1987, as amended from time to time, and shall give such
assistance and advice, as necessary, in the lodging of any claim.
(b) A staff member
who is or becomes unable to attend for duty or to continue on duty in
circumstances which may give the staff member a right to claim compensation
under the Workers Compensation Act 1987, shall be required to lodge a
claim for any such compensation.
(c) Where, due to
the illness or injury, the staff member is unable to lodge such a claim in
person, the Managing Director shall assist the staff member or the
representative of the staff member, as required, to lodge a claim for any such
compensation.
(d) The Managing
Director will ensure that, once received by the NSW TAFE Commission, a staff
member’s workers compensation claim is lodged by the NSW TAFE Commission with
the workers’ compensation insurer within the statutory period prescribed in the
Workers Compensation Act 1987.
(e) Pending the
determination of that claim and on production of an acceptable medical
certificate, the Managing Director shall grant sick leave on full pay for which
the staff member is eligible followed, if necessary, by sick leave without pay
or, at the staff member's election by accrued recreation leave or extended
leave.
(f) If liability
for the workers compensation claim is accepted, then an equivalent period of
any sick leave taken by the staff member pending acceptance of the claim shall
be restored to the credit of the staff member.
(g) A staff member
who continues to receive compensation after the completion of the period of 26
weeks referred to in section 36 of the Workers Compensation Act 1987 may
use any accrued and untaken sick leave to make up the difference between the
amount of compensation payable under that Act and the staff member's ordinary
rate of pay. Sick leave utilised in this way shall be debited against the staff
member.
(h) If a staff
member notifies the appropriate Managing Director that he or she does not
intend to make a claim for any such compensation, the Managing Director shall
consider the reasons for the staff member's decision and shall determine
whether, in the circumstances, it is appropriate to grant sick leave in respect
of any such absence.
(i) A staff member
may be required to submit to a medical examination under the Workers
Compensation Act 1987 in relation to a claim for compensation under that
Act. If a staff member refuses to submit to a medical examination without an
acceptable reason, the staff member shall not be granted available sick leave
on full pay until the examination has occurred and a medical certificate is
issued indicating that the staff member is not fit to resume employment.
(j) If the Managing
Director provides the staff member with employment which meets the terms and
conditions specified in the medical certificate issued under the Workers
Compensation Act 1987 and the Workplace Injury Management and Workers Compensation
Act 1998 and, without good reason, the staff member fails, to resume or
perform such duties, the staff member shall be ineligible for all payments in
accordance with this clause from the date of the refusal or failure.
(k) No further sick
leave shall be granted on full pay if there is a commutation of weekly payments
of compensation by the payment of a lump sum pursuant to section 51 of the Workers
Compensation Act 1987.
(l) Nothing in this
clause prevents a staff member from appealing a decision or taking action under
other legislation made in respect of:-
(1) the staff
member's claim for workers compensation;
(2) the conduct of a
medical examination by a Government or other Medical Officer;
(3) a medical
certificate issued by the examining Government or other Medical Officer; or
(4) action taken by
the Managing Director either under the Workers Compensation Act 1987 or
any other relevant legislation in relation to a claim for workers'
compensation, medical examination or medical certificate.
79. Sick Leave -
Claims Other Than Workers Compensation
(a) If the
circumstances of any injury to or illness of a staff member give rise to a
claim for damages or to compensation, other than compensation under the Workers
Compensation Act 1987, sick leave on full pay may, subject to and in accordance
with this clause, be granted to the staff member on completion of an acceptable
undertaking that:-
(1) any such claim,
if made, will include a claim for the value of any period of paid sick leave
granted by the NSW TAFE Commission to the staff member; and
(2) in the event
that the staff member receives or recovers damages or compensation pursuant to
that claim for loss of salary or wages during any such period of sick leave,
the staff member will repay to the NSW TAFE Commission the monetary value of
any such period of sick leave.
(b) Sick leave on
full pay shall not be granted to a staff member who refuses or fails to
complete an undertaking, except in cases where the Managing Director is
satisfied that the refusal or failure is unavoidable.
(c) On repayment to
the NSW TAFE Commission of the monetary value of sick leave granted to the
staff member, sick leave equivalent to that repayment and calculated at the
staff member’s ordinary rate of pay, shall be restored to the credit of the
staff member.
80. Special Leave
(a) Special Leave -
Jury Service
(1) A staff member
shall, as soon as possible, notify the Managing Director of the details of any
jury summons served on the staff member.
(2) A staff member
who, during any period when required to be on duty, attends a court in answer
to a jury summons shall, upon return to duty after discharge from jury service,
furnish to the Managing Director a certificate of attendance issued by the
Sheriff or by the Registrar of the court giving particulars of attendances by
the staff member during any such period and the details of any payment or
payments made to the staff member under section 72 of the Jury Act 1977 in
respect of any such period.
(3) When a certificate
of attendance on jury service is received in respect of any period during which
a staff member was required to be on duty, the Managing Director shall grant,
in respect of any such period for which the staff member has been paid
out-of-pocket expenses only, special leave on full pay. In any other case, the
Managing Director shall grant, at the sole election of the staff member,
available recreation leave on full pay, flexleave or leave without pay.
(b) Witness at Court
- Official Capacity - When a staff member is subpoenaed or called as a witness
in an official capacity, the staff member shall be regarded as being on
duty. Salary and any expenses properly
and reasonably incurred by the staff member in connection with the staff
member’s appearance at Court as a witness in an official capacity shall be paid
by the NSW TAFE Commission.
(c) Witness at Court
- Other than in Official Capacity - Crown Witness - A staff member who is
subpoenaed or called as a witness by the Crown (whether in right of the Commonwealth
or in right of any State or Territory of the Commonwealth) shall:
(1) be granted, for
the whole of the period necessary to attend as such a witness, special leave on
full pay; and
(2) pay into the
Treasury of the State of New South Wales all money paid to the staff member
under or in respect of any such subpoena or call other than any such money so
paid in respect of reimbursement of necessary expenses properly incurred in
answer to that subpoena or call.
(3) Association
Witness - a staff member called by the Association to give evidence before an
Industrial Tribunal or in another jurisdiction, shall be granted special leave
by the NSW TAFE Commission for the required period.
(d) Called as a
witness in a private capacity - A staff member who is subpoenaed or called as a
witness in a private capacity shall, for the whole of the period necessary to
attend as such a witness, be granted at the staff member's election, available
recreation leave on full pay or leave without pay.
(e) Special Leave - Examinations
-
(1) Special leave on
full pay up to a maximum of 5 days in any one year shall be granted to staff
members for the purpose of attending at any examination approved by the
Managing Director.
(2) Special leave
granted to attend examinations shall include leave for any necessary travel to
or from the place at which the examination is held.
(f) Special Leave -
Union Activities - Special leave on full pay may be granted to staff members
who are accredited Association delegates to undertake Association activities as
provided for in clause 50, Trade Union Activities Regarded as Special Leave of
this award.
(g) Return Home When
Temporarily Living Away from Home - Sufficient special leave shall be granted
to a staff member who is temporarily living away from home as a result of work
requirements. Such staff member shall be granted sufficient special leave once
a month before or after a weekend or a long weekend or, in the case of a shift
worker before or after rostered days off to return home to spend two days and
two nights with the family. If the staff member wishes to return home more
often, such staff member may be granted recreation leave, extended leave or
flex leave to credit or leave without pay, if the operational requirements
allow.
(h) Return Home When
Transferred to New Location -- Special leave shall be granted to a staff member
who has moved to the new location ahead of dependants, to visit such
dependants, on the same terms and conditions that apply to staff members
covered by the Crown Employees (Transferred Employees Compensation) Award 2004
and any amendments thereto.
(i) A staff member
who identifies as an Aborigine or a Torres Strait Islander may be granted up to
one day’s special leave per year to enable the staff member to participate in
the National Aborigines and Islander Day of Commemoration Celebrations.
(j) Special Leave -
Other Purposes - Special leave on full pay may be granted for other purposes as
the Managing Director determines.
81. Study Assistance
(a) The Managing
Director shall have the power to grant or refuse study time.
(b) Where the
Managing Director approves the grant of study time, the grant shall be subject
to:
(1) the course being
a course relevant to the NSW TAFE Commission;
(2) the time being
taken at the convenience of the NSW TAFE Commission; and
(3) paid study time
not exceeding a maximum of 4 hours per week.
(c) Study time may
be granted to permanent staff members and full-time temporary staff
members. Permanent part-time staff
members shall have a part time entitlement to study time.
(d) Study time may
be used for:
(1) attending
compulsory lectures, tutorials, residential schools, field days etc., where
these are held during working hours; and/or
(2) necessary travel
during working hours to attend lectures, tutorials etc., held during or outside
working hours; and/or
(3) private
study; and/or
(4) accumulation,
subject to the conditions specified in subclauses (f) to (j) of this clause.
(e) Staff members
requiring study time must nominate the type(s) of study time preferred at the
time of application and prior to the proposed commencement of the academic
period. The types of study time are as follows:-
(1) Face-to-Face -
Staff members may elect to take weekly and/or accrued study time, subject to
the provisions for its grant.
(2) Correspondence -
Staff members may elect to take weekly and/or accrued study time, or time off
to attend compulsory residential schools.
(3) Accumulation -
Staff members may choose to accumulate part or all of their study time as
provided in subclauses (f) to (j) of this clause.
(f) Accumulated
study time may be taken in any manner or at any time, subject to operational
requirements of the NSW TAFE Commission.
(g) Staff members on
rotating shifts may accumulate study time so that they can take leave for a
full shift, where this would be more convenient to both the staff member and
the NSW TAFE Commission.
(h) Where at the
commencement of an academic year/semester a staff member elects to accrue study
time and that staff member has consequently foregone the opportunity of taking
weekly study time, the accrued period of time off must be granted even if
changed work circumstances mean absence from duty would be inconvenient.
(i) Staff members
attempting courses which provide for annual examinations, may vary the election
as to accrual, made at the commencement of an academic year, effective from 1st
July in that year.
(j) Where a staff
member is employed after the commencement of the academic year, weekly study time
may be granted with the option of electing to accrue study time from 1st July
in the year of entry on duty or from the next academic year, whichever is the
sooner.
(k) Staff members
studying in semester based courses may vary their election as to accrual or
otherwise from semester to semester.
(l) Correspondence
Courses - Study time for staff members studying by correspondence accrues on
the basis of half an hour for each hour of lecture/tutorial attendance involved
in the corresponding face-to-face course, up to a maximum grant of 4 hours per
week. Where there is no corresponding face-to-face course, the training
institution should be asked to indicate what the attendance requirements would
be if such a course existed.
(m) Correspondence
students may elect to take weekly study time and/or may accrue study time and
take such accrued time when required to attend compulsory residential schools.
(n) Repeated
subjects - Study time shall not be granted for repeated subjects unless
evidence can be provided that failure to successfully complete the subject at
first attempt was caused by circumstances outside the staff member’s control.
(o) Expendable grant
- Study time if not taken at the nominated time shall be forfeited. If the
inability to take study time occurs as a result of a genuine emergency at work,
study time for that week may be granted on another day during the same week.
(p) Examination
Leave - Examination leave shall be granted as special leave for all courses of
study approved in accordance with this clause.
(q) The period
granted as examination leave shall include:
(1) time actually
involved in the examination;
(2) necessary
travelling time, in addition to examination leave, but is limited to a maximum
of 5 days in any one year. Examination leave is not available where an
examination is conducted within the normal class timetable during the
term/semester and study time has been granted to the staff member.
(r) The examination
leave shall be granted for deferred examinations and in respect of repeat
studies.
(s) Study Leave -
Study leave for full-time study is granted to assist those staff members who
win scholarships/fellowships/awards or who wish to undertake full-time study
and/or study tours. Study leave may be granted for studies at any level,
including undergraduate study.
(t) All permanent
full-time and part-time and full-time temporary staff members are eligible to
apply and no prior service requirements are necessary.
(u) Study leave
shall be granted without pay, except where the Managing Director approves
financial assistance. The extent of financial assistance to be provided shall
be determined by the Managing Director according to the relevance of the study
to the workplace and may be granted up to the amount equal to full salary.
(v) Where financial
assistance is approved by the Managing Director for all or part of the study
leave period, the period shall count as service for all purposes in the same
proportion as the quantum of financial assistance bears to full salary of the staff
member.
(w) Scholarships for
Part-Time Study - In addition to the study time/study leave provisions under
this clause, the NSW TAFE Commission may choose to identify courses or
educational programmes of particular relevance or value and establish a NSW
TAFE Commission scholarship to encourage participation in these courses or
programmes. The conditions under which such scholarships are provided should be
consistent with the provisions of this clause.
82. Shift Work
(a) Shift Loadings -
Except where otherwise provided under another Industrial Instrument, a shift
worker employed on a shift shall be paid, for work performed during the
ordinary hours of any such shift, ordinary rates plus the following additional
shift loadings depending on the commencing times of shifts:
|
Day -
|
at or after 6am and before 10am
|
Nil
|
|
Afternoon -
|
at or after 10am and before 1pm
|
10.0%
|
|
Afternoon -
|
at or after 1pm and before 4pm
|
12.5%
|
|
Night -
|
at or after 4pm and before 4am
|
15.0%
|
|
Night -
|
at or after 4am and before 6am
|
10.0%
|
(b) The loadings
specified in subclause (a) of this clause shall only apply to shifts worked
from Monday to Friday.
(c) Weekends and
Public Holidays - For the purpose of this clause any shift, the major portion
of which is worked on a Saturday, Sunday or Public Holiday shall be deemed to
have been worked on a Saturday, Sunday or Public Holiday and shall be paid as
such.
(d) Saturday Shifts
- Shift workers working on an ordinary rostered shift between midnight on
Friday and midnight on Saturday which is not a public holiday, shall be paid
for such shifts at ordinary time and one half.
(e) Sunday Shifts -
Shift workers working on an ordinary rostered shift between midnight on
Saturday and midnight on Sunday which is not a public holiday, shall be paid for
such shifts at ordinary time and three quarters.
(f) Public Holidays
- the following shall apply:
(1) where a shift
worker is required to and does work on a Public Holiday, the shift worker shall
be paid at two and a half times the rate for time worked. Such payment shall be
in lieu of weekend or shift allowances which would have been payable if the day
had not been a Public Holiday;
(2) a shift worker
rostered off duty on a Public Holiday shall be paid one day’s pay for that
Public Holiday or have one day added to his/her annual holidays for each such
day.
(g) Rosters -
Rosters covering a minimum period of 28 days, where practicable, shall be
prepared and issued at least 7 days prior to the commencement of the rosters.
Each roster shall indicate the starting and finishing time of each shift. Where
current or proposed shift arrangements are incompatible with the shift worker’s
family, religious or community responsibilities, every effort to negotiate
individual alternative arrangements shall be made by the Managing Director.
(h) Notice of Change
of Shift - A shift worker who is required to change from one shift to another
shift shall, where practicable, be given forty eight (48) hours notice of the
proposed change.
(i) Breaks between
Shifts - A minimum break of eight (8) consecutive hours between ordinary
rostered shifts shall be given.
(j) If a shift
worker resumes or continues to work without having had eight (8) consecutive
hours off duty, the shift worker shall be paid overtime in accordance with clause
93, Overtime Worked by Shift Workers, until released from duty for eight (8)
consecutive hours. The shift worker will then be entitled to be off duty for at
least eight (8) consecutive hours without loss of pay for ordinary working time
which falls during such absence.
(k) Time spent off
duty may be calculated by determining the amount of time elapsed after:-
(1) the completion
of an ordinary rostered shift; or
(2) the completion
of authorised overtime; or
(3) the completion
of additional travelling time, if travelling on duty, but shall not include
time spent travelling to and from the workplace.
(l) Daylight Saving
- In all cases where a shift worker works during the period of changeover to
and from daylight saving time, the shift worker shall be paid the normal rate
for the shift.
83. Overtime -
General
(a) A staff member
may be directed by the Managing Director to work overtime, provided it is
reasonable for the staff member to be required to do so. A staff member may refuse to work overtime
in circumstances where the working of such overtime would result in the staff
member working unreasonable hours. In
determining what is unreasonable, the following factors shall be taken into
account:
(1) the staff
member’s prior commitments outside the workplace, particularly the staff
member’s family and carer responsibilities, community obligations or study
arrangements,
(2) any risk to
staff member health and safety,
(3) the urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services,
(4) the notice (if
any) given by the Managing Director regarding the working of the overtime, and
by the staff member of their intention to refuse overtime, or
(5) any other
relevant matter.
(b) Payment for
overtime shall be made only where the staff member works directed overtime.
(c) Payment for
overtime worked and/or on-call (standby) allowance shall not be made under this
clause if the staff member is eligible, under any other industrial instrument,
to:
(1) compensation
specifically provided for overtime and/or on-call (standby) allowance; or
(2) be paid an
allowance for overtime and/or on-call (standby) allowance; or
(3) a rate of salary
which has been determined as inclusive of overtime and/or on-call (standby)
allowance.
84. Overtime Worked
By Shift Workers
(a) The following
rates are payable for any overtime worked by shift workers and shall be in
substitution of and not cumulative upon the rates payable for shift work
performed on Monday to Friday, Saturday, Sunday or Public Holiday.
(1) Monday-Friday -
All overtime worked by shift workers Monday to Friday inclusive, shall be paid
for at the rate of time and one half for the first two hours and double time
thereafter.
(2) Saturday - All
overtime worked by shift workers on Saturday, shall be paid for at the rate of
time and one half for the first two hours and double time thereafter.
(3) Sunday - All
overtime worked by shift workers on a Sunday shall be paid for at the rate of
double time.
(4) Public Holidays
- All overtime worked on a public holiday shall be paid for at the rate of
double time and one half.
(b) Eight
Consecutive Hours Break on Overtime - When overtime is necessary, wherever
reasonably practicable, it shall be arranged so that shift workers have at
least eight (8) consecutive hours off duty.
(c) The rest period
off duty shall be not less than eight (8) consecutive hours when the overtime
is worked for the purpose of changing shift rosters except where an arrangement
between shift workers alters the ordinary rostered shift and such alteration
results in a rest period of less than eight (8) hours.
85. Overtime Worked
By Day Workers
(a) The provisions
of this clause shall not apply to:
(1) shift workers as
defined in clause 3, Definitions of this award and to whom provisions of clause
83, Shift Work and clause 85, Overtime Worked By Shift Workers of this award
apply;
(2) staff members
covered by formal local arrangements in respect of overtime negotiated between
the Managing Director and the Association;
(3) staff members to
whom overtime provisions apply under another industrial instrument;
(4) staff members
whose salary includes compensation for overtime;
(5) staff members
who receive an allowance in lieu of overtime.
(b) Rates - Overtime
shall be paid at the following rates:
(1) Weekdays (Monday
to Friday inclusive) - at the rate of time and one-half for the first two hours
and at the rate of double time thereafter for all directed overtime worked
outside the staff member’s ordinary hours of duty, if working standard hours,
or outside the bandwidth, if working under a flexible working hours scheme,
unless local arrangements negotiated in terms of clause 7, Local Arrangements
of this award apply;
(2) Saturday - All
overtime worked on a Saturday at the rate of time and one-half for the first
two hours and at the rate of double time thereafter;
(3) Sundays - All
overtime worked on a Sunday at the rate of double time;
(4) Public Holidays
- All overtime worked on a public holiday at the rate of double time and one
half.
(c) If a staff
member is absent from duty on any working day during any week in which overtime
has been worked the time so lost may be deducted from the total amount of
overtime worked during the week unless the staff member has been granted leave
of absence or the absence has been caused by circumstances beyond the staff
member’s control.
(d) A staff member
who works overtime on a Saturday, Sunday or public holiday, shall be paid a
minimum payment as for three (3) hours work at the appropriate rate.
(e) Rest Periods
(1) A staff member
who works overtime shall be entitled to be absent until eight (8) consecutive
hours have elapsed.
(2) Where a staff
member, at the direction of the supervisor, resumes or continues work without
having had eight (8) consecutive hours off duty then such staff member shall be
paid at the appropriate overtime rate until released from duty. The staff
member shall then be entitled to eight (8) consecutive hours off duty and shall
be paid for the ordinary working time occurring during the absence.
86. Recall to Duty
(a) A staff member
recalled to work overtime after leaving the employer’s premises shall be paid
for a minimum of three (3) hours work at the appropriate overtime rates.
(b) The staff member
shall not be required to work the full three (3) hours if the job can be
completed within a shorter period.
(c) When a staff
member returns to the place of work on a number of occasions in the same day
and the first or subsequent minimum pay period overlap into the next call out
period, payment shall be calculated from the commencement of the first recall
until either the end of duty or three (3) hours from the commencement of the
last recall, whichever is the greater. Such time shall be calculated as one
continuous period.
(d) When a staff
member returns to the place of work on a second or subsequent occasion and a
period of three (3) hours has elapsed since the staff member was last recalled,
overtime shall only be paid for the actual time worked in the first and
subsequent periods with the minimum payment provision only being applied to the
last recall on the day.
(e) A recall to duty
commences when the staff member starts work and terminates when the work is
completed. A recall to duty does not include time spent travelling to and from
the place at which work is to be undertaken.
(f) A staff member
recalled to duty within three (3) hours of the commencement of usual hours of
duty shall be paid at the appropriate overtime rate from the time of recall to
the time of commencement of such normal work.
(g) This clause
shall not apply in cases where it is customary for a staff member to return to
the NSW TAFE Commission’s premises to perform a specific job outside the staff
member’s ordinary hours of duty, or where overtime is continuous with the
completion or commencement of ordinary hours of duty. Overtime worked in these
circumstances shall not attract the minimum payment of three (3) hours unless
the actual time worked is three (3) or more hours.
87. On Call
(Stand-By)
When a staff member is directed to be on call or on stand-by
for a possible recall to duty, payment of an on call allowance shall be
made. The rate shown in item 11 of Table
1 - Allowances of Part B Monetary Rates shall be made for the duration of on
call (stand-by).
88. Overtime Meal
Breaks
(a) Staff members
not working flexible hours - A staff member required to work overtime on
weekdays for an hour and a half or more after the staff member’s ordinary hours
of duty on weekdays, shall be allowed 30 minutes for a meal and thereafter, 30
minutes for a meal after every five hours of overtime worked.
(b) Staff member
working flexible hours - A staff member required to work overtime on weekdays
beyond 6.00 p.m. and until or beyond eight and a half hours after commencing
duty plus the time taken for lunch, shall be allowed 30 minutes for a meal and
thereafter, 30 minutes for a meal after every five hours of overtime worked.
(c) Staff Members
Generally - A staff member required to work overtime on a Saturday, Sunday or
Public Holiday, shall be allowed 30 minutes for a meal after every five hours
of overtime worked. A staff member who is unable to take a meal break and who
works for more than five hours shall be given a meal break at the earliest
opportunity.
89. Overtime Meal
Allowances
(a) If an adequate
meal is not provided by the NSW TAFE Commission, a meal allowance shall be paid
by the NSW TAFE Commission at the appropriate rate specified in Item 16 of
Table 1 - Allowances of Part B,
Monetary Rates, provided the Managing Director is satisfied that:
(1) the time worked
is directed overtime;
(2) the staff member
properly and reasonably incurred expenditure in obtaining the meal in respect
of which the allowance is sought;
(3) where the staff
member was able to cease duty for at least 30 minutes before or during the
working of overtime to take the meal, the staff member did so; and
(4) overtime is not
being paid in respect of the time taken for a meal break.
(b) Notwithstanding
the above provisions, nothing in this clause shall prevent the Managing
Director and the Association from negotiating different meal provisions under a
local arrangement.
90. Rate of Payment
for Overtime
A staff member whose salary, or salary and allowance in the
nature of salary, exceeds the maximum rate for Clerk Grade 8, as varied from
time to time, shall be paid for working directed overtime at the maximum rate
for Clerk Grade 8 plus $1.00, unless the Managing Director approves payment for
directed overtime at the staff member’s salary or, where applicable, salary and
allowance in the nature of salary.
91. Payment for
Overtime Or Leave in Lieu
(a) The Managing
Director shall grant compensation for directed overtime worked either by
payment at the appropriate rate or, if the staff member so elects, by the grant
of leave in lieu in accordance with subclause (b) of this clause.
(b) The following
provisions shall apply to the leave in lieu:-
(1) the staff member
shall advise the supervisor before the overtime is worked or as soon as
practicable on completion of overtime, that the staff member intends to take
leave in lieu of payment;
(2) the leave shall
be calculated at the same rate as would have applied to the payment of overtime
in terms of this clause.
(3) the leave must
be taken at the convenience of the NSW TAFE Commission, except when leave in
lieu is being taken to look after a sick family member. In such cases, the
conditions set out in clause 78, Sick Leave to Care for a Sick Family Member
apply.
(4) the leave shall
be taken in multiples of a quarter day, unless debiting of leave in hours or in
fractions of an hour has been approved in the staff member’s NSW TAFE
Commission or section;
(5) leave in lieu
accrued in respect of overtime shall be given by the NSW TAFE Commission and
taken by the staff member within three months of accrual unless alternate local
arrangements have been negotiated between the Managing Director and the Association;
(6) a staff member
shall be paid for the balance of any overtime entitlement not taken as leave in
lieu.
92. Calculation of
Overtime
(a) Unless a minimum
payment in terms of subclause (d) of clause 85, Overtime Worked by Day Workers
applies, overtime shall not be paid if the total period of overtime worked is
less than a quarter of an hour.
(b) The formula for
the calculation of overtime at ordinary rates for staff members employed on a
five (5) day basis shall be:-
|
Annual salary
|
X
|
5
|
X
|
1
|
|
1
|
|
260.89
|
|
No of ordinary
hours
|
|
|
|
|
|
of work per week
|
(c) The formula for
the calculation of overtime at ordinary rates for staff members employed on a
seven (7) day basis shall be:-
|
Annual salary
|
X
|
7
|
X
|
1
|
|
1
|
|
365.25
|
|
No of ordinary
hours
|
|
|
|
|
|
of work per week
|
(d) To determine
time and one half, double time or double time and one half, the hourly rate at
ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated
to the nearest cent.
(e) Overtime is not
payable for time spent travelling.
93. Review of
Overtime Meal Allowances
(a) The rates of
overtime meal allowances shall be adjusted in accordance with the provisions
contained in clause 48, Review of Allowances Payable in Terms of This award.
(b) Where an
allowance payable under clause 89, Overtime Meal Allowances of this award is
insufficient to reimburse the staff member the cost of a meal, properly and
reasonably incurred, the Managing Director shall approve payment of actual
expenses.
(c) Where the meal
was not purchased, payment of a meal allowance shall not be made.
(d) Receipts shall
be provided to the Managing Director or his/her delegate in support of any
claims for additional expenses or when the staff member is required to
substantiate the claim.
94. Provision of
Transport in Conjunction With Working of Overtime
(a) For the purpose
of this clause, departure or arrival after 8.00 pm will determine whether the
provisions of this clause apply.
(1) Departure or
arrival after 8.00 pm of a staff member on overtime or a regular or rotating
shift roster, does not in itself warrant the provision of transport. It needs to be demonstrated that the normal
means of transport, public or otherwise, is not reasonably available and/or
that travel by such means of transport places the safety of the staff member at
risk.
(2) The
responsibility of deciding whether the provision of assistance with transport
is warranted in the circumstances set out above, rests with administrative
units of NSW TAFE Commissions where knowledge of each particular situation will
enable appropriate judgements to be made.
(b) Arrangement of
Overtime
Where overtime is required to be performed, it should
be arranged, as far as is reasonably possible, so that the staff member can use
public transport or other normal means of transport to and from work.
(c) Provision of
Taxis
Where a staff member:
ceases overtime duty after 8.00 p.m., or
ceases or commences duty performed as part of a regular
or rotating roster of shift duty after 8.00 p.m.,
and public transport or other normal means of transport
is not reasonably available, arrangements may be made for transport home or to
be provided by way of taxi.
95. Higher Duties
Allowance
(a) A staff member
who is directed to carry out a period of relief in a higher position for a
period of five consecutive days or more shall be paid a higher duties allowance
subject to:
(1) satisfactory
performance of the whole of the duties and assuming the whole of the
responsibilities which would ordinarily be performed and assumed by the staff
member appointed to that position; and
(2) the allowance
paid will be the difference between the present rate of pay of the staff member
and the rate of pay to which they would have been entitled if appointed to that
position; or
(3) where the staff
member does not assume the whole of the duties and responsibilities of the
position, the amount of any allowance will be determined by the Managing
Director as a proportion of the duties and responsibilities which are
satisfactorily undertaken.
(b) In exceptional
circumstances, and subject to approval by the Managing Director, payment of the
higher duties allowance may be made for periods of relief of less than five
consecutive days.
(c) Except as
provided by subclause (d) of this clause, a higher duties allowance is not to
be paid in respect of any unbroken period of leave exceeding five working days
taken by the staff member during any period of relief in a higher position.
(d) Staff members
who have relieved continuously for 12 months or more in the same higher-graded
position and who continue to relieve in that position, are entitled to payment
of the higher duties allowance for all leave taken during the further period of
relief.
96. Management of
Conduct and Performance
Part 2.7, Management of Conduct and Performance of the
Public Sector Employment and Management Act 2002 and any procedural guidelines
issued pursuant to section 44 of the Public Sector Employment and Management
Act 2002, apply to classifications under this Award.
97. Anti-Discrimination
(a) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(b) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(c) Under the Anti‑Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(d) Nothing in this
clause is to be taken to affect:
(1) any conduct or
act which is specifically exempted from anti‑ discrimination legislation;
(2) offering or
providing junior rates of pay to persons under 21 years of age;
(3) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti‑Discrimination Act 1977;
(4) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
(e) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
(1) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(2) Section 56(d) of
the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
97A. Secure
Employment
(a) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
(iii) Nothing in
this subclause (a) 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.
(b) 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.
(c) 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.
98. Leave Reserved
(a) The intention of
this Award was to reflect existing conditions of service in relation to
classifications in the NSW TAFE Commission at the time the first Award was made
on 11 August 2005. The 2009 Reviewed
Award includes conditions relating to the Memorandum of Understanding entered
into by the NSW Government and the Association on 2 October 2008. The parties may make application to give
effect to further inclusions arising from the MOU.
(b) The parties
acknowledge that the Public Sector Employment Legislation Amendment Act
2006 included a change to the employment status of TAFE administrative staff
and will meet after the making of the 2009 Reviewed Award to discuss the
amendments to be made to the award by way of an application for a variation or
new award.
99. Area, Incidence
and Duration
(a) The parties
bound by this Award are the Public Service Association and Professional
Officers’ Association Amalgamated Union of New South Wales and the Technical
and Further Education Commission.
(b) The provisions
of this Award shall apply to permanent, temporary and casual staff employed in
the NSW TAFE Commission in the classifications as listed in Schedule 1 of this
Award.
(c) This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (NSW TAFE Commission -
Administrative and Support Staff Conditions of Employment) Award 2005 published
27 January 2006 (356 I.G. 896) and all variations thereof.
(d) The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 21 May 2009.
(e) The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 -
Allowances
Effective 1 July
2008
|
Item No
|
Clause No
|
Description
|
Amount
|
|
1
|
|
Meal expenses on one day journeys
|
|
|
|
|
Capital cities and high cost country centres (see
|
|
|
|
|
list in item 2)
|
|
|
|
24(a)
|
Breakfast
|
$21.10
|
|
|
24(b)
|
Dinner
|
$40.65
|
|
|
24(c)
|
Lunch
|
$23.65
|
|
|
|
Tier 2 and other country centres (see list in item 2)
|
|
|
|
24(a)
|
Breakfast
|
$18.85
|
|
|
24(b)
|
Dinner
|
$37.15
|
|
|
24(c)
|
Lunch
|
$21.55
|
|
2
|
|
Travelling allowances
|
|
|
|
23(h)(2)
|
Capital cities
|
Per day
|
|
|
|
Adelaide
|
$246.30
|
|
|
|
Brisbane
|
$299.30
|
|
|
|
Canberra
|
$234.30
|
|
|
|
Darwin
|
$260.30
|
|
|
|
Hobart
|
$218.30
|
|
|
|
Melbourne
|
$263.30
|
|
|
|
Perth
|
$249.30
|
|
|
|
Sydney
|
$284.30
|
|
|
|
|
|
|
|
23(h)(2)
|
High cost country centres
|
Per day
|
|
|
|
Ballarat (VIC)
|
$217.30
|
|
|
|
Bendigo (VIC)
|
$223.30
|
|
|
|
Broome (WA)
|
$274.30
|
|
|
|
Burnie (TAS)
|
$224.30
|
|
|
|
Cairns (QLD)
|
$221.80
|
|
|
|
Carnarvon (WA)
|
$234.30
|
|
|
|
Christmas Island (WA)
|
$223.80
|
|
|
|
Cocos (Keeling) Island
|
$211.30
|
|
|
|
Dampier (WA)
|
$259.80
|
|
|
|
Derby (WA)
|
$266.30
|
|
|
|
Devonport (TAS)
|
$216.80
|
|
|
|
Emerald (QLD)
|
$207.30
|
|
|
|
Exmouth (WA)
|
$274.80
|
|
|
|
Geraldton (WA)
|
$217.30
|
|
|
|
Gladstone (QLD)
|
$212.30
|
|
|
|
Gold Coast (QLD)
|
$236.30
|
|
|
|
Halls Creek (WA)
|
$233.30
|
|
|
|
Hervey Bay (QLD)
|
$210.80
|
|
|
|
Horn Island (QLD)
|
$240.30
|
|
|
|
Jabiru (NT)
|
$291.30
|
|
|
|
Kadina (SA)
|
$208.30
|
|
|
|
Kalgoorlie (WA)
|
$217.80
|
|
|
|
Karratha (WA)
|
$344.80
|
|
|
|
Kununurra (WA)
|
$248.30
|
|
|
|
Launceston (TAS)
|
$216.80
|
|
|
|
Mackay (QLD)
|
$213.30
|
|
|
|
Maitland (NSW)
|
$209.30
|
|
|
|
Mount Gambier (SA)
|
$208.30
|
|
|
|
Mount Isa (QLD)
|
$216.30
|
|
|
|
Naracoorte (SA)
|
$207.30
|
|
|
|
Newcastle (NSW)
|
$217.80
|
|
|
|
Newman (WA)
|
$251.30
|
|
|
|
Norfolk Island
|
$209.30
|
|
|
|
Port Hedland (WA)
|
$348.30
|
|
|
|
Port Lincoln (SA)
|
$207.30
|
|
|
|
Port Macquarie (NSW)
|
$216.30
|
|
|
|
Thursday Island (QLD)
|
$281.30
|
|
|
|
Warrnambool (VIC)
|
$214.30
|
|
|
|
Weipa (QLD)
|
$239.30
|
|
|
|
Wilpena-Pound (SA)
|
$236.30
|
|
|
|
Wonthaggi (VIC)
|
$223.30
|
|
|
|
Yulara (NT)
|
$414.30
|
|
|
|
|
|
|
|
23(h)(2)
|
Tier 2 country centres
|
Per day
|
|
|
|
Albany (WA)
|
$199.45
|
|
|
|
Alice Springs (NT)
|
$199.45
|
|
|
|
Bairnsdale (VIC)
|
$199.45
|
|
|
|
Bathurst (NSW)
|
$199.45
|
|
|
|
Bordertown (SA)
|
$199.45
|
|
|
|
Bright (VIC)
|
$199.45
|
|
|
|
Broken Hill (NSW)
|
$199.45
|
|
|
|
Bunbury (WA)
|
$199.45
|
|
|
|
Castlemaine (VIC)
|
$199.45
|
|
|
|
Ceduna (SA)
|
$199.45
|
|
|
|
Dalby (QLD)
|
$199.45
|
|
|
|
Dubbo (NSW)
|
$199.45
|
|
|
|
Echuca (VIC)
|
$199.45
|
|
|
|
Esperance (WA)
|
$199.45
|
|
|
|
Geelong (VIC)
|
$199.45
|
|
|
|
Horsham (VIC)
|
$199.45
|
|
|
|
Innisfail (QLD)
|
$199.45
|
|
|
|
Orange (NSW)
|
$199.45
|
|
|
|
Port Augusta (SA)
|
$199.45
|
|
|
|
Portland (VIC)
|
$199.45
|
|
|
|
Renmark (SA)
|
$199.45
|
|
|
|
Roma (QLD)
|
$199.45
|
|
|
|
Seymour (VIC)
|
$199.45
|
|
|
|
Swan Hill (VIC)
|
$199.45
|
|
|
|
Townsville (QLD)
|
$199.45
|
|
|
|
Wagga Wagga (NSW)
|
$199.45
|
|
|
|
Whyalla (SA)
|
$199.45
|
|
|
|
Wollongong (NSW)
|
$199.45
|
|
|
|
|
Per Day
|
|
|
23(h)(2)
|
Other country centres
|
$182.45
|
|
|
23(h)(2)
|
Incidental expenses when claiming actual
|
$15.90
|
|
|
|
expenses - all locations
|
|
|
|
23(k)
|
Daily allowance payable after 35 days and up to 6
|
50% of the
|
|
|
|
|
appropriate
|
|
|
|
months in the same location - all locations
|
location rate
|
|
3
|
23(h)(1)
|
Incidental expenses
|
$15.90
|
|
4
|
31(b)
|
Camping allowance
|
Per night
|
|
|
|
Established camp
|
$26.20
|
|
|
|
Non established camp
|
$34.65
|
|
|
|
Additional allowance for staff who camp in
|
$8.25
|
|
|
|
excess of 40 nights per year
|
|
|
5
|
|
Camping equipment
allowance
|
Per night
|
|
|
|
|
|
|
|
32(b)
|
Camping equipment allowance
|
$25.90
|
|
|
32(c)
|
Bedding and sleeping bag
|
$4.30
|
|
6
|
|
Use of private motor vehicle
|
Cents per kilometre
|
|
|
33(d)
|
Official business
|
|
|
|
|
Engine capacity-
|
|
|
|
|
2601cc and over
|
70.0
|
|
|
|
1601cc-2600cc
|
69.0
|
|
|
|
1600cc or less
|
58.0
|
|
|
33(d)
|
Casual rate (40% of official business rate)
|
|
|
|
|
Engine capacity-
|
|
|
|
|
2601cc and over
|
28.0
|
|
|
|
1601cc-2600cc
|
27.6
|
|
|
|
1600cc or less
|
23.2
|
|
|
|
Motor cycle allowance (50% of the 1600cc or less
|
|
|
|
|
official business rate)
|
29.0
|
|
|
33(f)
|
Towing trailer or horse float (13% of the
|
|
|
|
|
2601cc and over official business rate)
|
9.1
|
|
|
|
|
|
|
7
|
|
Remote areas allowance
|
Per annum
|
|
|
|
With dependants
|
|
|
|
35(b)(1)
|
- Grade A
|
$1659 pa
|
|
|
35(b)(2)
|
- Grade B
|
$2201 pa
|
|
|
35(b)(3)
|
- Grade C
|
$2939 pa
|
|
|
|
Without dependants
|
|
|
|
35(b)(1)
|
- Grade A
|
$1157 pa
|
|
|
35(b)(2)
|
- Grade B
|
$1543 pa
|
|
|
35(b)(3)
|
- Grade C
|
$2059 pa
|
|
8
|
36
|
Assistance to staff members stationed in a remote
|
|
|
|
|
|
area when travelling on recreation leave
|
|
|
|
|
|
By private motor vehicle
|
Appropriate casual
|
|
|
|
|
|
rate up to a
|
|
|
|
|
|
maximum
|
|
|
|
|
|
of 2850 kms less
|
|
|
|
|
|
$40.90
|
|
|
|
|
Other transport - with dependants
|
Actual reasonable
|
|
|
|
|
|
expenses in excess
|
|
|
|
|
|
of
|
|
|
|
|
|
$40.90 and up to
|
|
|
|
|
|
$274.00
|
|
|
|
|
Other transport - without dependants
|
Actual reasonable
|
|
|
|
|
|
expenses in excess
|
|
|
|
|
|
of
|
|
|
|
|
|
$40.90 and up to
|
|
|
|
|
|
$135.30
|
|
|
|
|
Rail travel
|
Actual rail fare less
|
|
|
|
|
|
$40.90
|
|
|
9
|
38
|
Exchanges
|
Actual cost
|
|
|
10
|
39(a)
|
Room at home used as office
|
$756 pa
|
|
|
11
|
41(a),87
|
On-call allowance (effective ffpp on or after 1
|
0.76 per hour
|
|
|
|
|
July 2008)
|
|
|
|
|
|
|
|
|
|
12
|
43(a)
|
Laundry allowance
|
$4.00 per week
|
|
|
13
|
45(a)
|
Garage and carport allowance
|
Per annum
|
|
|
|
|
- Garage allowance
|
$535 pa
|
|
|
|
|
- Carport allowance
|
$118 pa
|
|
|
14
|
46
|
Community language allowance scheme
|
Per annum
|
|
|
|
|
(effective ffpp on
or after 1 July 2008)
|
|
|
|
|
|
- Base Level Rate
|
$1077 pa
|
|
|
|
|
- Higher Level Rate
|
$1618 pa
|
|
|
15
|
47(a)
|
First aid allowance (effective ffpp on or after 1
|
Per annum
|
|
|
|
|
July 2008)
|
|
|
|
|
|
- Holders of basic qualifications
|
$693 pa
|
|
|
|
|
- Holders of current occupational first aid
|
$1042 pa
|
|
|
|
|
certificate
|
|
|
|
16
|
89(a)
|
Overtime meal allowances
|
Effect. 1 July 2008
|
|
|
|
|
|
|
|
|
|
|
Breakfast
|
$23.60
|
|
|
|
|
Lunch
|
$23.60
|
|
|
|
|
Dinner
|
$23.60
|
|
|
|
|
Supper
|
$9.00
|
|
SCHEDULE 1
Classifications Of
Administrative And Support Staff Covered By The Award
Apprentice Gardener, Greenkeeper, Nursery Person
Artists Model
Assistant Food and Beverage Controller
Assistant Operations Controller
Assistant Operations Manager
Audio Visual Aids Technician
Customer Relations Manager
Catering Supervisor
Catering Services Manager
Chief Security Controller
Class Preparation Assistant
Clerk (Graded)
Clerical Officer Grade 1
Clerical Officer Grade 1/2
Clerical Officers Grade 3/8
Computer Systems Officer (Graded)
Computer Systems Officer (Trainee, Levels 1 & 2)
Officer-in-Charge, Media Centre
Dental Auxiliaries Assistant (Clinical)
Dental Auxiliaries Assistant (Technical)
Designer
Disability Classroom Support (Non-teaching)
Driver/General Assistant
Duty Manager
Assistant - Enrolled Nurses Training Program
Food School Assistant
Fitter Operator
Food and Beverage Controller
Gardening Staff
General Assistant/Caretaker
Guest Services Agent
House Officer
House Supervisor
Kitchen Assistant
Laboratory Attendant
Laboratory Craftsman
Librarian and Archivist
Library Assistant
Library Technician
Operations Controller
Operations Supervisor - Food School
Operations Manager
Operations Manager - Food School
Publicity Officer
Public Relations Officer
Scientific Instrument Maker
Senior Housekeeper
Steel Production Assistant
Steel Production Supervisor
Stores Attendant
Stores Officer
Student Association Officer
Technical Assistant (Various)
Technical Officer (Engineering)
Technical Officer (Scientific)
I.
W. CAMBRIDGE, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.