Broken Hill City Council Consent Award 2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 120883 of 2021)
Before Commissioner Sloan
|
13 December 2021
|
REVIEWED
AWARD
Arrangement
Clause No. Subject Matter
1. Title
2. Statement
of Intent
3. Definitions
4. Area,
Incidence and Duration
5. Anti-Discrimination
6. Hours of
Work - General Provisions
7. Ordinary Hours
of Work for Employees Engaged prior to 21 December 2015
7A. Saturday
and Sunday Work for Employees Engaged prior to 21 December 2015
8. Ordinary
Hours for Employees Engaged on or after 21 December 2015
8A. Saturday
and Sunday Work for Employees Engaged on or after 21 December 2015
9. Shift Work
10. Starting
Point
11. Garaging
12. Part Time
Employees
13. Casual
Employees
14. Overtime
14A. On Call
Allowance
14B. Remote
Response
14C. Call Back
14D. Quick Shift
14E. Broken Shift
15. Meal Breaks
16. Annualised
Salary Agreements (ASA)
17. Council
Agreements
18. Trainees
19. Skills
Based System of Pay and Rates of Pay
20. Skill
Descriptors
20. Annual
Assessment and Progression Rules
21. Allowances
and Reimbursements
22. Use of
Skills
23. Salary Packaging
and Sacrifice
24. Superannuation
25. Payment of
Employees
26. Annual
Leave - General Provisions
27. Annual
Leave - Employees Engaged prior to 21 December 2015
28. Annual
Leave - Employees Engaged on or after 21 December 2015
29. Long
Service Leave
30. Sick Leave
31. Carer’s
Leave
32. Bereavement
Leave
33. Parental
Leave
34. Paid
Maternity Leave
35. Leave
Without Pay
36. Family and
Domestic Violence Leave
37. Flexibility
for Work and Family Responsibilities
38. Public
Holidays
39. Trade Union
Training Leave
40. Trade Union
Conference Leave
41. Jury
Service Leave
42. Army
Reserve Training
43. Consultative
Committee Aim
44. Dispute
Resolution Procedure
45. Termination
of Employment
46. Redundancy
- General Application, Process and Consultation
47. Redundancy
- Employees Engaged prior to 21 December 2015
48. Redundancy
- Employees Engaged on or after 21 December 2015
49. Work,
Health and Safety
50. Labour Hire
and Contract Businesses
51. Outsourcing
52. Accident
Pay
53. Further
Education
55. Leave Reserved
and No Further Claims
SCHEDULES
Schedule 1 - Weekly Rates of pay
Schedule 2 - Allowances
Schedule 3 - Progression guidelines
PART 1
APPLICATION AND
OPERATION OF THIS AWARD
1. Title
This Award is the Broken Hill City Council Consent Award 2018.
2. Statement of Intent
The parties to the Award are committed to cooperate in a
positive manner to increase the productivity, structural efficiency, financial
sustainability and competitiveness of Local Government service provision within
Broken Hill and to provide employees with access to fulfilling and varied work
by providing measures to, for instance:
Ensure the efficient delivery of quality services to
the community;
Improve knowledge and skill levels;
Establish skill related career paths;
Eliminate impediments to multiskilling and broaden the
range of tasks which an employee may be required to perform;
Eliminate discrimination;
Maintain rates of pay, conditions and hours which are
fair, equitable and competitive;
Ensure and facilitate flexible work practices;
Encourage innovation and continuous improvement; and
Promote cooperation and open communication and change
management
3. Definitions
In this Award, unless the contrary intention appears:
"Act" means the Industrial Relations Act
1996 (NSW) as amended.
"ASA" means Annualised Salary Agreement and
operates in accordance with Clause 16 of this Award.
"Award" means the Broken Hill City Council Consent
Award 2018.
"Council" means the Broken Hill City Council.
"Employee" means a person employed by Broken Hill
City Council.
"Ordinary pay" means remuneration for the
employee's normal weekly number of hours of work calculated at the ordinary
time rate of pay. Ordinary pay will include, and not be limited to the
following penalties and allowances where they are regularly received.
Saturday, Sunday and shift penalties;
Tool allowances;
On call allowance;
First Aid allowance; and
Community language and signing work allowances.
Overtime
payments and all other allowances will be excluded from the composition of
ordinary pay.
"Salaried Office Employee" means an employee
engaged in one of the following functions:
Administration;
Building Surveying;
Engineering (Professional);
Executive Band;
Finance;
Health Surveying;
Library;
Public Relations;
Technical Services;
Tourism; and
Town Planning.
"Union" means the means the Barrier Industrial
Council (BIC) and its affiliated unions: the Broken Hill Federated Municipal
Employees Union (BHMEU), the Construction, Forestry, Mining, Energy & Union
(Mining and Energy Division) NSW South Western District (CFMEU), New South
Wales Local Government, Clerical, Administrative, Energy, Airlines and
Utilities Union (USU).
"Wages Employee" means an employee engaged in
any functions not otherwise specified in the definition of salaried office
employee.
4. Area, Incidence and
Duration
4.1 This
Award will apply to all employees of Broken Hill City Council, excluding those
employees defined as senior staff by the Local Government Act 1993
(NSW).
4.2 This
Award will rescind and replace the Broken Hill City Council Consent Award 2015
published 24 January 2020 (386 I.G. 1) and all variations of that Award.
4.3 This
Award will take effect from 13 December 2021 and will remain in force until 1
December 2021.
4.4 In Schedule 1 the Award provides for a
2.75% increase in rates of pay to operate from the first full pay period to
commence on or after 1 July 2019.
4.5 In
Schedule 1 the Award provides for a 2.75% increase in rates of pay to operate
from the first full pay period to commence on or after 1 July 2020.
4.6 In
Schedule 1 the Award provides for a 2.75% increase in rates of pay to operate
from the first full pay period to commence on or after 1 July 2021
4.7 This
award will be made by the Industrial Relations Commission of New South Wales
and be known as the Broken Hill City Council Consent Award 2018. The parties to
the Award are as follows:
Broken Hill City Council;
The Barrier Industrial Council;
Broken Hill Federated Municipal Employees Union;
The Construction, Forestry, Mining and Energy Union
(NSW South Western District); and
The United Services Union.
5. Anti-Discrimination
5.1 It
is the intention of the parties bound by this award to seek to achieve the
object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace. This includes discrimination on
the grounds of race, sex, marital status, disability, homosexuality,
transgender identity, age and responsibilities as a carer.
5.2 It
follows that in fulfilling their obligations under the dispute resolution
procedure prescribed by this award the parties have obligations to take all
reasonable steps to ensure that the operation of the provisions of this award
are not directly or indirectly discriminatory in their effects. It will be
consistent with the fulfilment of these obligations for the parties to make
application to vary any provision of the award which, by its terms or
operation, has a direct or indirect discriminatory effect.
5.3 Under
the Anti-Discrimination Act 1977, it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
5.4 Nothing
in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from
anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21
years of age;
(c) any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to this award from pursuing matters of unlawful
discrimination in any State or federal jurisdiction.
5.5 This
clause does not create legal rights or obligations in addition to those imposed
upon the parties by the legislation referred to in this clause.
NOTES
(a) Employers
and employees may also be subject to Commonwealth anti-discrimination
legislation.
(b) Section
56(d) of the Anti-Discrimination Act 1977 (NSW) 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."
PART 2
HOURS OF WORK,
OVERTIME AND RELATED MATTERS
6. Hours of Work -
General Provisions
6.1 Employment
with Council is subject to the satisfactory completion of a probationary
period.
(a) The
probationary period will be for three (3) months duration; however Council may
require a maximum period of six (6) months for employees above Grade 16 (Band 3
Level 2).
(b) During
the probation period, employees will be provided with the appropriate training
and instruction to enable them to perform the duties and functions of the
position.
(c) During
the probation period the employee will be advised of any areas of concern and
expected performance outcomes.
(d) At
the successful conclusion of the probation period, the employee will be offered
a permanent position by Council in accordance with the employee’s original
appointment status, i.e. in a full-time or part-time capacity.
6.2 The
ordinary hours of work for full time Salaried Office Employee will be 70 per
fortnight.
6.3 The
ordinary hours of work for full time Wages employees will be no more than 76
hours per fortnight.
6.4 Employees shall be entitled to a rostered
day off once in every two (2) week period.
(a) It
is essential that all employees working a nine (9) day fortnight be aware that
the first priority is the maintenance of acceptable work flows. Accordingly, there will need to be
co-operation between Council employees and managers in the planning of rostered
working days so that adequate staff resources are available to all time to
service public needs as well as providing interdepartmental office
communication and services.
(b) Rosters
are to be prepared by managers and/or departmental heads at least two weeks in
advance.
(c) When
a public holiday clashes with a rostered day off, the general rule will be to
take the next working day as a rostered day off.
(d) Approval
to accumulate rostered days off may be granted in special circumstances by the
employee’s manager and/or departmental head.
7. Ordinary Hours of
Work for Employees Engaged prior to 21 December 2015
7.1 A
Salaried Office employee engaged prior to 21 December 2015 will continue to
commence at 8.30am and finish at 5.00pm and work for 7 hours and 46 minutes
exclusive of a 44 minute unpaid meal break.
7.2 A
Wages employee engaged prior to 21 December 2015 will continue to commence at
7.00am and finish at 3.26pm and work for 8 hours and 26 minutes inclusive of a
paid meal break.
7.3 Notwithstanding
subclauses 7.1 and 7.2, an employee engaged prior to 21 December 2015 may alter
their commencement and/or finishing times by agreement. Such agreement must be
in writing and be genuine with no compulsion to agree.
7.4 Where
Council seeks to vary an employee’s commencement and finishing times outside
the span of hours of 6am to 6pm there must be prior agreement with the employee
and Council, in consultation with the union.
7.5 Except
as otherwise provided, the ordinary hours for all employees will be between
Monday and Friday.
7A. Saturday and
Sunday Work for Employees Engaged prior to 21 December 2015
7.6 The
ordinary hours for employees engaged in the following functions and positions
will be between Monday and Sunday:
(a)
Council’s Visitor Information Centre;
(b) The
Library;
(c) The
Entertainment Centre;
(d) The
Geo Centre;
(e) The
Art Gallery;
(f) Waste
Services including Street sweeping;
(g) Pool
Attendants;
(h) Pool Cleaners;
(i) Airport
Reporting Officers;
(j) Dog
Control Officers; and
(k) The Living
Desert Rangers.
7.7 Except as
otherwise provided, ordinary hours worked by a full time or permanent part time
employee at the Visitors Information Centre, Library, Entertainment Centre, Geo
Centre and Art Gallery on a Saturday will attract a 25% penalty in addition to
the ordinary hourly rate of pay. Ordinary hours worked on a Sunday will attract
a 50% penalty in addition to the ordinary hourly rate of pay.
7.8 Ordinary
hours worked on a Saturday or a Sunday by Waste Service Employees will attract
a 50% penalty for work between midnight on Friday and midnight Saturday, and a
100% penalty for work between midnight on Saturday and midnight on Sunday.
Where a full time or part time Waste Service employee who works ordinary hours
on the weekends is in receipt of an over-award payment, they will not receive
the penalty.
7.9 An
employee may request to work ordinary hours on a Saturday and/or Sunday in lieu
of ordinary hours the employee would otherwise be rostered to work.
(a) An
employee’s request must be in writing and be forwarded to Council and the
Union. In addition the request must outline a period within which the
arrangement is to be reviewed by Council and the Union;
(b) Council
and the Union will not unreasonably withhold agreement to such a request;
(c) Any
such agreement will not apply to new or vacant positions;
(d) Where
an employee requests to work ordinary hours on a Saturday and/or a Sunday under
the provisions of this sub-clause, Council will not be required to pay the
penalty rate prescribed by sub-clauses 7.8, and 7.9
7.10 Where
an employee and Council agree, an employee engaged prior to 1 November 2015 may
request to be permanently transferred to a Monday to Sunday spread and where
such a request is agreed, the employee will be entitled to receive the
penalties in accordance with sub-clause 7.8 and 7.9.
7.11 Where
an employee engaged prior to 21 December 2015 applies for and is successful in
a vacant or new position in any of the functions listed in 8.7, they will
receive the penalties in accordance with sub-clauses 8.8, 8.9 and 8.10.
8. Ordinary Hours for
Employees Engaged on or after 21 December 2015
8.1 The
ordinary hours of work for full time Salaried Office Employee will be 70 per
fortnight.
8.2 The
ordinary hours of work for full time Wages employees will be no more than 76
hours per fortnight.
8.3 A
salaried office employee will be entitled to an unpaid meal break of 44
minutes.
8.4 A
wages employee will be entitled to a paid 26 minute meal break.
8.5 The
ordinary hours will not exceed 10 in any one day inclusive of paid/unpaid meal
breaks and will, except as otherwise provided, be worked between 6am and 6pm.
8.6 Except
as otherwise provided, the ordinary hours for all employees will be between
Monday and Friday.
8.7 The
ordinary hours for employees engaged in the following functions will be between
Monday and Sunday:
(a) Tourism
Services, including the Visitor Information Centre;
(b)
Entertainment Services, including Entertainment Centre operations, Hospitality;
(c) Cultural
Services, including Geo Centre employees, Art Gallery employees, Library and
Living Desert Ranger;
(d) Waste Services;
(e) Aquatic
facilities, including pool attendants/ cleaners;
(f) Airport
staff including Airport reporting officer;
(g) Rangers/
Enforcement Officers;
(h) Parks
and Open Spaces;
(i) Crematorium and Cemetery;
(j) Trade
functions;
(k Road
construction and maintenance;
(l)
Cleaning.
8A. Saturday and
Sunday Work for Employees Engaged on or after 21 December 2015
8.8 Except
as otherwise provided, ordinary hours worked by full time and permanent part
time employees employed in Tourism and Cultural services, Aquatic facilities,
Ranger/ Enforcement Officers and Entertainment Services on a Saturday will
attract a 25% penalty in addition to the ordinary hourly rate of pay and
ordinary hours worked on a Sunday will attract a 50% penalty in addition to the
ordinary hourly rate of pay.
8.9 Ordinary
hours worked on a Saturday or a Sunday by Waste Services, Parks and Open
Spaces, Crematorium and Cemetery, Trade Functions, Road Construction and
Maintenance; Airport Staff and Cleaning employees will attract a 50% penalty
for work between midnight Friday and midnight Saturday and a 100% penalty for
work between midnight Saturday and midnight Sunday.
8.10 An
employee may request to work ordinary hours on a Saturday and/or Sunday in lieu
of ordinary hours the employee would otherwise be rostered to work.
(a) An
employee’s request must be in writing and be forwarded to Council and the
Union. In addition the request must outline a period within which the
arrangement is to be reviewed by Council and the Union;
(b) Council
and the Union will not unreasonably withhold agreement to such a request;
(c) Any
such agreement will not apply to new or vacant positions;
(d) Where
an employee requests to work ordinary hours on a Saturday and/or a Sunday under
the provisions of this sub-clause, Council will not be required to pay the
penalty rate prescribed by sub-clauses 8.8, 8.9 and 8.10
9. Shift Work
9.1 Except
as otherwise provided ordinary hours worked by employees, outside the span
referred to in subclause 6.4 will attract a 20% shift penalty in addition to
the ordinary hourly rate of pay for the actual time worked outside the span.
9.3 Employees
engaged in the following functions will be entitled to a 20% shift penalty in
addition to the ordinary hourly rate of pay for the actual time worked outside
the following times:
Cleaners
|
5.00am to 9.00pm
|
Entertainment Services (including Entertainment Centre
Operations, Hospitality)
|
6.00am to 11.00pm
|
Libraries
|
8.00am to 9.00pm
|
Aquatic facilities
|
5.00am to 9.00pm
|
Living Desert Ranger
|
6.00am to 9.00pm
|
9.4 Shift
penalties will be payable for ordinary work performed between Monday and Friday
and will not be paid on weekends.
9.5 An
employee may request to work ordinary hours outside the span of 6:00am and
6:00pm or any of the other spans detailed in sub-clauses 9.1, 9.2 and 9.3 in
lieu of the ordinary hours the employee would otherwise be rostered to work.
(a) An
employee’s request must be in writing and be forwarded to Council and the
Union. In addition the request must
outline a period within which the arrangement is to be reviewed by Council and
the Union;
(b) Council
and the Union will not unreasonably withhold agreement to such a request;
(c) Any
such agreement will not then apply to new or vacant positions;
(d) Where
an employee requests to work ordinary hours outside the relevant span of hours
under the provisions of this sub-clause, Council will not be required to pay a
shift penalty for the actual time worked.
10. Starting Point
10.1 All
employees will start and finish at the various council depots and facilities.
Employees may be required to start and finish at the work site if practical.
11. Garaging
11.1 All
time necessary in garaging of machines will be included in Council’s time.
12. Part Time
Employees
12.1 A
part-time employee will mean an employee who is engaged on the basis of a
regular number of hours which are less than the full-time ordinary hours in
accordance with subclauses 6.2 and 6.3 of the Award.
12.2 Prior
to commencing part-time work Council and the employee will agree upon the
conditions of work including:
(a) The
hours to be worked by the employee, the days upon which they will be worked and
the commencing times for the work.
(b) The
nature of the work to be performed.
(c) The
rate of pay as paid in accordance with this Award.
12.3 The
conditions may also stipulate the period of part-time employment and may be
varied by consent.
12.4 The
conditions or any variation to them must be in writing and retained by Council.
A copy of the conditions and any variations to them must be provided to the
employee by Council.
12.5 Unless
otherwise provided where a public holiday falls on a day where a part-time
employee would have regularly worked the employee will be paid for the hours
normally worked on that day.
12.6 By
agreement a part-time employee may work more than their regular number of hours
at the ordinary hourly rate. The maximum
amount of hours that a part-time employee may work at the ordinary hourly rate
is the hours prescribed by sub-clauses 6.2 and 6.3.
12.7 Part-time
employees will receive all conditions prescribed by the Award on a pro rata
basis of the regular hours worked. An adjustment to the accrued leave
entitlements may be required at the conclusion of each service year based on
the proportion of actual hours worked.
13. Casual Employees
13.1 A
casual employee will mean an employee engaged on a day to day basis.
13.2 A
casual employee will be paid for a minimum of three hours, for each engagement,
except for attendance at scheduled employee or team meetings, for which payment
will be made at the appropriate rate for time actually worked, with a minimum
of one (1) hour.
13.3 A
casual employee will be paid the hourly rate for ordinary hours worked.
13.4 A
casual employee will be entitled to a 25 per cent loading, calculated on the
ordinary hourly rate. This loading will not attract any penalty. This loading
will be paid in lieu of all leave and severance pay, except paid maternity
leave. Casual loading is not payable on overtime.
13.5 A
casual employee may work a maximum amount of hours as prescribed by sub-clauses
6.2 and 6.3 at ordinary time. Overtime
will be paid where a casual employee works outside the ordinary hours for the
position. In cases where there are no
ordinary hours for the position, overtime will be paid for the hours worked in
excess of those prescribed in sub-clauses 6.2 and 6.3
13.6 Subject
to the reasonable overtime provisions of sub-clause14.1, a casual employee will
not be offered to work overtime in a position held by an employee of Council,
if the employee of Council is available to work that overtime.
13.7 Casual
employees who work on Saturday and/or Sunday are entitled to the penalty rates
prescribed by the relevant subclauses 7.8, 7.9, 8.8 or 8.9. The penalties are calculated on the ordinary
hourly rate.
13.8 Casual
employees who work outside the relevant span of hours are entitled to the
relevant shift penalties prescribed by the relevant subclauses 7.8, 7.9, 8.8 or
8.9. The shift penalty is calculated on
the ordinary hourly rate.
13.9 Casual
employees engaged on a regular and systematic basis will:
(a) Have
access to annual assessment under council's salary system
(b) Have
their service as a casual counted as service for the purpose of calculating
long service leave where the service as a casual employee is continuous with
their appointment to a permanent position on council's structure. In
calculating the long service leave entitlement of casual employees, there will
be a deduction of the long service leave accrued whilst the employee was
employed as a casual and paid the loading identified in sub-clause 13.4
13.10 A
casual employee will not replace an employee of council on a permanent basis.
13.11 Carer’s
entitlements will be available for casual employees as set out in sub-clause
31.9 of this Award.
13.12 Bereavement
entitlements will be available for casual employees as set out in sub-clause
31.2 of this Award.
13.13 Parental
leave entitlements will be available for casual employees in accordance with
Clause 34 and Part 4, Parental Leave, of the Industrial Relations Act
1996 (NSW).
14. Overtime
14.1 Except
where otherwise provided Council may require an employee to work reasonable
overtime.
(a) An
employee may refuse to work overtime in circumstances where the working of such
overtime would result in the employee working hours which are unreasonable.
(b) What
constitutes unreasonable working hours will be determined having regard to:
any risk to the employee;
the employee’s personal circumstances including any
family and carer’s responsibilities;
the needs of the workplace;
the notice, if any, given by Council of the overtime
and by the employee of their intention to refuse it, and any other matter.
14.2 Overtime
will be paid at double time, inclusive of the days pay.
14.3 Any
employee who has completed normal and regular hours of work and is on the
premises at the time of the request, and is called to work overtime, other than
planned overtime, of less than four (4) hours, will be paid for the time
worked.
14.4 Where
an employee is required to work after finishing time for a period in excess of
1 ½ hours, then the employee will be provided with a meal, or alternatively,
the employee will be paid the allowance set out in the Table in Schedule 2.
If overtime continues beyond 1 ½ hours then, for each
additional four hours worked an additional meal will be provided or,
alternatively, the employee will be paid the allowance set out in the Table in
Schedule 2.
14.5 Except
as otherwise provided, where a meal is due and overtime is to extend beyond
that time, a paid break of twenty (20) minutes will be allowed in which to eat
the meal.
14.6 Transport
will be provided for all employees required to work on other than planned work
which is outside their normal working time.
14.7 A
wages employee will receive a paid thirty (30) minute meal break or in lieu, an
allowance, as set out in the Table in Schedule 2, after four (4) continuous
hours on any or all overtime worked on Saturdays and Sundays.
14.8 Council
will keep a record of all overtime worked and will pay for authorised overtime.
14.9 For
the purposes of calculating overtime each day will stand alone, provided
however that where any period is continuous and extends beyond midnight, all
overtime hours in this period will be regarded as if they had occurred within
the day first occurring.
14.10 Consistent
with Council’s travel policy, the above provisions do not apply to those
employees required to travel for work.
14A. On Call Allowance
14.11 An
employee will be deemed to be on-call if required by Council to be available
for duty outside of ordinary hours at all times in order to attend emergency
and/or breakdown work.
14.12 Employees
who are required to be on-call are not required to remain at their usual place
of residence or other place appointed by Council. However, an on-call employee must be able to
be contacted and be able to respond within a reasonable time.
14.13 Employees required to be on-call on days
when they would ordinarily work, or would have ordinarily worked but for a
public holiday, will be paid an allowance in accordance with Schedule 2.
14.14 Employees
required to be on-call on days other than their ordinary working days will be
paid an on-call allowance in accordance with Schedule 2
14.15 The
on-call allowances in sub-clauses 14.13 and 14.14 will not total more than the
amount as stated in Schedule 2, in any one week.
14.16 Employees
on-call who are required to work outside their ordinary hours will be
entitled to be paid overtime at the appropriate rate for hours worked and such
rate will be paid from the time that the employee departs for work. On-call employees are not subject to the
minimum payment provisions of sub-clause 37.5 on a public holiday.
14B. Remote Response
14.17 An
employee who is in receipt of an on call allowance and available to
immediately:
(a) respond to phone calls or messages;
(b) provide advice (‘phone fixes’);
(c) arrange call out/rosters of other employees; and
(d) remotely monitor and/or address issues by remote telephone
and/or computer access, will be paid the applicable overtime rate for the time
actually taken in dealing with each particular matter, except where the
employee is recalled to work (NOTE: subclause14.16 applies where an on-call
employee is recalled to work)
14.18 An
employee remotely responding will be required to maintain and provide the
employer a time sheet of the length of time taken in dealing with each matter
remotely for each day commencing from the first remote response. The total
overtime paid to an employee for all time remotely responding in any day
commencing from the first response will be rounded up to the nearest 15
minutes.
14.19 The
employer, may be agreement, make an average payment equivalent to an agreed
period of time per week where the employee is regularly required to remotely
respond as defined in subclause 14.17.
14C. Call Back
14.20 Any
employee of Council who has completed their normal and regular hours of work
and is off the premises at the time of request, is called to work overtime,
other than planned overtime, of less than four hours, will be paid the
appropriate overtime rate for a minimum of four (4) hours.
14D. Quick Shift
14.21 An
employee who works so much overtime between the completion of ordinary work on
one shift and the commencement of ordinary work on the next shift that they
have not had at least eight consecutive hours off duty between will be paid
double time if instructed to resume work or released from work and entitled to
an eight hour break without loss of pay.
14E. Broken Shift
14.22 A
permanent employee called upon to work a broken shift will be paid the indexed
allowance based upon that currently applicable per shift in addition to their
ordinary pay. A broken shift will not
exceed a span of twelve (12) hours.
15. Meal Breaks
15.1 Council
must not require an employee to work for more than 5 hours continuously without
an interval of at least 30 minutes for a meal.
15.2 Except
as otherwise provided, a meal allowance as set out in the Table in Schedule 2
will be paid to employees instructed to work overtime:
(a) for 1½ hours or more prior to their agreed commencing time
(b) for 1½ hours immediately after their agreed finishing time and
after subsequent periods of four hours
(c) after each four hours on days other than ordinary working
days.
16. Annualised Salary
Agreements (ASA)
16.1 Notwithstanding
any other provision of this Award, the Council and an employee may agree that
the Council may pay the employee an annual salary in satisfaction of any or all
payments arising under the following provisions of the Award:
(a) Rates
of pay - clause 19
(b) Use
of Skills - clause 22
(c) Salary
Packaging and sacrifice - clause 24
(d) Allowances
and reimbursements - clause 21
(e) Hours
of Work - clause 6 and 7
(f) Overtime
- clause 14
(g) Public
Holidays - clause 38
16.2 Where
an employee and Council seek to enter into an ASA, the employee is entitled to
seek industrial/ legal advice prior to entering into such an arrangement.
16.3 Where an employee
and Council enter into an ASA, the annual salary will not disadvantage the
employees:
(a) The
annual salary must be no less than the amount the employee would have received
under this Award for the work performed over the year for which the salary is
paid (or if the employment ceases earlier over such less period as has been
worked);
(b) The
annual salary of the employee must be reviewed by Council at least annually to
ensure that the compensation is appropriate having regard to the award
provisions which are satisfied by the payment of the annual salary;
(c) Employees
will not be denied the opportunity to apply for new or vacant positions as a
result of the operation of this clause.
16.4 An
annual salary agreement must:
(a) be in writing and signed by the employee and Council;
(b) state the date upon which the arrangement commences;
(c) be provided to the employee;
(d) contain a provision that the employee will
receive no less under the arrangement than the employee would have been
entitled to if all award obligations had been met, taking account of the value
of the provision of matters not comprehended by the award;
(e) be subject to annual review;
(f) contain details of any salary package arrangements, including
the annual salary that is payable;
(g) contain details of any other non-salary benefits provided to
the employee such as an employer provided motor vehicle.
(h) contain details of performance pay arrangements and performance
measurement indicators;
(i) contain the salary for the purposes of accident make up pay;
and
(j) contain the award band and level for the role.
16.5 An
Annualised salary agreement may be terminated:
(a) by
Council or the employee giving four weeks’ notice of termination, in writing,
to the other party and the agreement ceasing to operate at the end of the
notice period; or
(b) at any time, by written agreement between Council and the
employee.
16.6 On
termination of an annualised salary agreement, the employee will revert to the
Award entitlements unless a new annualised salary agreement is reached.
16.7 Notwithstanding
the above, annualised salary arrangements entered into prior to 1 November 2015
may continue to operate in accordance with their terms.
17. Council Agreements
17.1 The
parties may enter into a council agreement, which may apply to parts of
Council’s workforce.
17.2 The
terms of any agreement reached between the parties will substitute for the
provisions of the award provided that:
(a) the extent of the council agreement will be limited to:
Payment of employees;
Hours of work;
Overtime;
Holidays;
Part-time employment;
Job share employment;
Performance, evaluation and reward
(b) the agreement does not provide less than the entry level rates
of pay;
(c) the agreement is consistent with the Industrial Relations
Act 1996 (NSW) and current wage fixing principles; and
(d) the agreement will be processed in accordance with subclause
17.3 of this clause. Provided further that, where the agreement proposes to
vary award provisions other than those nominated in paragraph (a) above, the
agreement will be processed in accordance with the Enterprise Arrangement Principle.
17.3 A
Council Agreement will be processed as follows:
(a) the unions will be notified prior to the commencement of
negotiations;
(b) the agreement has been genuinely arrived at by negotiation
between the Council and the Union;
(c) the agreement will be committed to writing and will include a
date of operation and a date of expiration;
(d) the council and the appropriate union(s) will sign the
agreement; and
(e) Any
party to a Council Agreement may at any stage during the above process refer
the matter to the Industrial Relations Commission of NSW.
17.4 Council
agreements can be terminated in the following manner:
(a) Section
44 of the Industrial Relations Act 1996 (NSW) relating to the
termination of enterprise agreements will apply to the termination of a council
agreement made in accordance with this clause and a council agreement may be
terminated in the same manner as an enterprise agreement.
(b) Where
a council agreement it terminated at or after the end of its nominal term by
the giving of written notice to each other party to the agreement, at least
three (3) months’ written notice will be given. The notice may be served before
the end of the nominal term.
(c) Termination
of a council agreement is not effective until all of the parties to the
agreement have been given written notice of the approval to terminate or of
service of the notice of intention to terminate.
18. Trainees
A. General
18.1 Trainee,
Apprentice or Cadet employees may be required to possess a Provisional or Class
C Drivers Licence.
18.2 In the
circumstances as to which a FTE position be filled with a Trainee, Apprentice
or Cadet formal consultation practices will be followed in line with the
consultation practices of Clause 42 of this Award.
18.3 Upon cessation of
an apprenticeship, traineeship, or cadetship and the incumbent is not employed
on a permanent ongoing basis, council will fill the position with another apprenticeship,
traineeship or cadetship, or that of a full time position maintaining
organisational FTE. If council intends to not fill the position formal
consultation practices under Clause 42.
B. School
Based Trainees and School Based Apprentices
18.4 The objective of
this clause is to assist persons who are undertaking a traineeship or
apprenticeship under a training contract while also enrolled in the Higher
School Certificate. Such school based traineeships/apprenticeships are
undertaken at a minimum Certificate II Australian Qualifications Framework
(AQF) qualification for traineeship level and a minimum Certificate III AQF
qualification for apprenticeship level as specified in the relevant Vocational
Training Order pursuant to the Apprenticeship and Traineeship Act 2001.
18.5 The hourly rate
for apprentices/trainees including time deemed to be spent in off the job
training will be calculated by dividing the applicable weekly rate for the full
time apprentices as set out in Table 2 by 38 or 35 in accordance with clause 6,
Hours of Work.
18.6 The purpose of
clause 18.12, where a school based trainee/apprentice is a full time school
student, the time spent in off the job training for which the school based
trainee/apprentice is paid deemed to be 25% of the actual hours worked on the
job each week. The wages paid for training time may be averaged over the school
term or year.
18.7 School based
trainees/ school based apprentices progress through the rates of pay subject to
successful completion of appropriate training modules and satisfactory service.
C. Trainee
Employment and Apprenticeships
18.8 This clause
relates to employees considered trainees or apprentices
18.9 Employees within this
clause may undertake specific government funded programs under a recognised
Training Agreement that is registered with the relevant training authority.
Employees within this clause may undertake programs funded by the Council.
18.10 The rates of pay
as provided for in table two and table three are payable to employees
undertaking entry level training
18.11 Apprentices are
paid according to their educational qualification and experience.
18.12 Trainees are paid
according to the time agreed to be taken complete their study in annual
increments.
18.13 Progression along
the scale is not automatic but, is subject to successful completion of
appropriate training modules and satisfactory service.
18.14 If the employment
is to be continued beyond the training period upon the successful completion of
training, the employee will proceed to the appropriate band and level in the
structure.
18.15 In addition to the
vocational training direction, the employer will provide an apprentice and/or
trainee with the conditions of the apprenticeship/traineeship in writing and
these conditions will include:
(a) the term of the
apprentice and/or trainee;
(b) the course of
studies to be undertaken by the apprentice and/or trainee;
(c) the course of
on the job training to be undertaken by the apprentice and/or trainee.
(d) A government
funded apprentice and/or trainee will not commence until the relevant Training
Agreement has been registered with the relevant State Training Authority.
18.16 Except as herein provided,
all other terms and conditions of this Award will apply.
18.17 The apprentice
and/or trainee will attend approved training courses or training programs
prescribed in the Training Agreement or as notified to the trainee by the
relevant State Training Authority in accredited and relevant Traineeship
Schemes.
18.18 Council will
ensure that the trainee is permitted to attend the training courses or programs
provided for in the Training Agreement and will ensure that the trainee
received the appropriate on-the-job training in accordance with the Training
Agreement.
18.19 Council will
provide a level of supervision in accordance with the Training Agreement during
the traineeship/apprenticeship period.
18.20 The apprentice and/or
trainee will be permitted to be absent from work without loss of continuity of
employment and/or waged to attend the training in accordance with the Training
Agreement.
18.21 A full time
trainee will be engaged for a maximum of one year’s duration, except in respect
of AQF III and AQF IV traineeships which may extend up to two years full time,
provided that a trainee will be subject to a satisfactory probation period of
up to one month which may be reduced at the discretion of Council. By agreement
in writing, and with the consent of the relevant State Training Authority,
Council and the trainee may vary the duration of the Traineeship and the extent
of approved training provided that any agreement to vary is in accordance with
the relevant Traineeship Scheme.
18.22 A full time
Apprentice will be engaged for a period up to 4 years depending on their level
of achievement and skills when entering employment; inline with AQF IIII
18.23 Where the
apprentice and/or trainee completes the qualification in the Training Agreement
earlier than the time specified in the Training Agreement, then the
Apprenticeship and/or Traineeship may be concluded by mutual agreement.
18.24
(a) Council will
not terminate the trainee’s or apprentice’s service without providing written
notice of the termination in accordance with the training agreement and
subsequently to the relevant State Training Authority as appropriate.
(b) Where Council
decides to terminate a Council funded apprentice and/or trainee notice will be provided
in accordance with this Award.
(b) Where Council
chooses not to continue the employment of a apprentice and/or trainee upon the
completion of the traineeship or apprenticeship, it will notify the relevant
State Training Authority as appropriate, of its decision.
18.25 A trainee/
apprentice who fails to complete the traineeship or apprenticeship or who
cannot for any reason be placed in full-time employment on the successful
completion of the traineeship, will not be entitled to any severance payments
payable pursuant to clause 46.3 or provisions similar thereto.
D. Other
Trainee Employment (cadetships)
18.26 A trainee under
this clause is employed as a cadet; where by full time work is supplemented
with the acquisition of qualifications (government funded or council funded)
that are aligned the development of professional qualifications.
18.27 Unless otherwise
agreed, the maximum term of the cadetship is in accordance with table three.
18.28 Payment is made in
line with table three and the required amount of time to complete the
recognised study.
18.29 Recognised study
pertains to a minimum level of qualification of AQF IV or as required for the
role.
18.30 Progression along the
scale is not automatic but is subject to successful completion of appropriate
training modules and satisfactory service.
18.31 If the employment
is to be continued beyond the training period upon the successful completion of
training, the employee will proceed to the appropriate band and level in the
structure.
PART 3
RATES OF PAY AND
RELATED MATTERS
19. Skills Based
System of Pay and Rates of Pay
19.1 This
Award has adopted a skills based structure consisting of four overlapped bands
within which classifications have been broad banded into levels according to
six key skill descriptors as defined within clause 20, Skill Descriptors.
The four bands are:
No.
|
Band
|
Levels
|
1
|
Operational
|
4
|
2
|
Administrative/Technical/Trades
|
3
|
3
|
Professional/Specialist
|
4
|
4
|
Executive
|
4
|
19.2 The
skills based salary structure described above is supported by a 24 grade salary
system with each grade comprising of an entry level and three progression steps
that are over and above the entry level rates of pay for the grade.
19.3 The
salary system determines how employees at Council are paid. An employee will be paid the salary system
rate of pay that recognises the skills the employee is required to apply on the
job. In relation to employees at Grade
14 and above, when moving from step 3 to step 4, the salary system rate of pay
also recognises a performance rating of competent or above.
19.4 Positions
are assigned a salary grade(s) within the structure. A position may extend
across more than one grade in Council’s salary system. The rates of pay for each grade are set out
in the Table 1 of Schedule 1. The rates
of pay in Table 1 of Schedule 1 are rates that have historically absorbed the
defunct extra over award payments and the Broken Hill Allowance for all
employees, Annual Leave loading for Salaried Office Employees and Wages
Employees and the following allowances for Wages Employees:
Ceiling;
Chainsaw;
Confined Space;
Dead Animal;
Dirt;
Early Start;
Early Start - Pool;
Jack Hammer;
Laundry;
Lead Bonus;
Milk;
Mowing;
Noxious Weeds;
Power Implement;
Painter’s spray;
Qualification;
Spreader;
Trade Certificate;
Toilet;
Towing;
Wet - General; and
Wet - Garbage.
19.5 Apprenticeships
(a) The
rates of pay set out in Table 2 of Schedule 1 are payable to employees of
Council undertaking apprenticeships.
(b) Upon
reaching the age of 21 years and not having completed their apprenticeship,
apprentices will be paid the minimum rate for adults provided under this Award.
(c) Upon
successful completion of the apprenticeship, an employee will proceed to the
appropriate grade in the structure, if the employment is to be continued beyond
the apprenticeship period.
(d) In
addition to the vocational training direction, Council will provide an
apprentice with the conditions of the apprenticeship in writing and these
conditions will include:
(i) the terms of
the apprenticeship;
(ii) the course of
studies to be undertaken by the apprentice;
(iii) the course of
on the job training to be undertaken by the apprentice.
(e) On
the production of a letter from the Principal of the TAFE College stating that
they have satisfactorily completed a year’s work in the trade course
appropriate to their apprenticeship, an apprentice will be refunded the amount
of fees paid in respect of that year.
(f) On
the production of a letter from the Principal of the TAFE College stating that
they have satisfactorily completed a year’s work in the trade course
appropriate to their apprenticeship, and receipts for text books prescribed for
that year’s work, an apprentice will be paid the cost of the prescribed text
books or one hundred and fifty dollars ($150.00) whichever is the lesser
amount.
19.6 Government
funded traineeships
(a) A
government funded traineeship is subject to a Traineeship Agreement registered
with the relevant State Training Authority.
(b) The
rates of pay payable to a government funded trainee will be as provided in
Table 3 in Schedule 1.
(c) The
rates of pay in Table 3 in Schedule 1 are actual rates and will only apply to
government funded trainees while they are undertaking an approved traineeship.
(d) Council will ensure that government funded
trainees are permitted to attend the training course or program provided for in
the Traineeship Agreement and will ensure that trainees receive the appropriate
on-the-job training in accordance with the Traineeship Agreement.
(e) A
government funded trainee will be permitted to be absent from work without loss
of continuity of employment and/or wages to attend training in accordance with
the Traineeship Agreement.
20. Skill Descriptors
The award’s skills based bands, levels and grades are
defined according to the following skill descriptors:
OPERATION BAND
Operational Band 1, Level 1
Authority and accountability:
Completion of basic tasks with work closely monitored
by the team leader or supervisor.
Judgement and problem solving:
Judgement is limited and coordinated by other workers.
Specialist knowledge and skills:
Specialist knowledge and skills are obtained through
on-the-job training and council-based induction training. Off-the-job training
may lead to trade, technical or professional qualifications.
Management skills:
Not required.
Interpersonal skills:
Limited to communications with other staff and
possibly, with the public.
Qualifications and experience:
Completion of School Certificate or the Higher School
Certificate may be sought. Completion of an appropriate labour market program
or similar short-term work/skills experience is desirable.
Operational Band 1, Level 2 (Grades 1 to 4)
Authority and accountability:
Responsible for completion of basic tasks with
individual guidance or in a team.
Judgement and problem solving:
Applies standard procedures with normally few if any
options in the application of skills.
Specialist knowledge and skills:
Job specific skills and knowledge would normally be gained
through on-the-job training and experience. Short courses may be completed at
TAFE.
Management skills:
Not required.
Interpersonal skills:
Frequent communication with other staff and/or the
public common but normally at a routine level.
Qualifications and experience:
Incumbents may have attended short courses in specific
work areas or be undertaking a technical college certificate as completion of
structured training program in work-related area.
Operational Band 1, Level 3 (Grades 5 to 7)
Authority and accountability:
Responsible for completion of regularly occurring tasks
with general guidance on a daily basis.
Judgement and problem solving:
Judgement is required to follow predetermined
procedures where a choice between more than two options are present.
Specialist knowledge and skills:
Application of skills, including machine-operation
skills, following training "on the job" or accredited external
training over a number of months.
Management skills:
Some guidance/supervision may be required. May assist a
co-ordinator / trainer with on-the-job training.
Interpersonal skills:
Skills required for exchange of information on
straightforward matters.
Qualifications and experience:
Suitable experience or qualifications in a number of
defined skill areas.
Operational Band 1, Level 4 (Grades 8 to 10)
Authority and accountability:
Responsible for supervising staff in operational duties
or for work requiring independence in the application of skills, subject to
routine supervision. Responsible for quality of work function.
Judgement and problem solving:
Option on how to approach tasks requires interpretation
of problems and may involve precise judgement in operational areas.
Specialist knowledge and skills:
The number of work areas in which the position operates
makes the work complicated and a variety of skills are required in its
completion. Position may require competence in operation of complex machinery.
Management skills:
Supervisory skills in the communication of
instructions, training and the checking of work may be required.
Interpersonal skills:
Skills are required to convince and explain specific
points of view or information to others and to reconcile differences between
parties.
Qualifications and Experience:
Experience to adapt procedures to suit situations and a
thorough knowledge of the most complex operational work procedures to achieve
work objectives.
ADMINISTRATIVE/TECHNICAL/TRADES BAND
Administrative/Technical/Trades Band 2, Level 1 (Grades
8 to 10)
Authority and accountability:
Responsible for the completion of work requiring the
application of trades, administrative or technical skills.
Judgement and problem solving:
Skills in assessing situations and in determining
processes, tools and solutions to problems. Guidance is available.
Specialist knowledge and skills:
Positions will have demonstrated competence in a number
of key skill areas related to major elements of the job.
Management skills:
Positions may require skills in the supervision or
co-ordination of small groups.
Interpersonal skills:
Communication skills to explain situations or advise
others.
Qualifications and experience:
Appropriate work-related trade, technical or
administrative qualifications or specialist skills training.
Administrative/Technical/Trades Band 2, Level 2 (Grades
11 to 13)
Authority and accountability:
Responsibility as a trainer/co-ordinator for the
operation of a small section which uses staff and other resources, or the
position completes tasks requiring specialised technical / administrative
skills.
Judgement and problem solving:
Skills to solve problems which require assessment of
options with freedom within procedural limits in changing the way work is done
or in the delegation of work. Assistance may be readily available from others
in solving problems.
Specialist knowledge and skills:
Positions will have specialised knowledge in a number
of advanced skill areas relating to the more complex elements of the job.
Management skills:
May require skills in supervising a team of staff, to motivate
and monitor performance against work outcomes.
Interpersonal skills:
In addition to interpersonal skills in managing others,
the position may involve explaining issues/policy to the public or others and
reconcile different points of view.
Qualifications and experience:
Thorough working knowledge and experience of all work
procedures for the application of technical/trades or administrative skills,
based upon suitable certificate or post-certificate-level qualifications.
Administrative/Technical/Trades Band 2, Level 3 (Grades
14 to 16)
Authority and accountability:
May be responsible to provide a specialised / technical
service and to complete work which has some elements of complexity. Make
recommendations within council and represent council to the public or other
organisations.
Judgement and problem solving:
Problem solving and judgements are made where there is
a lack of definition requiring analysis of a number of options. Typical
judgements may require variation of work priorities and approaches.
Specialist knowledge and skills:
Positions have advanced knowledge and skills in a
number of areas where analysis of complex options is involved.
Management skills:
May supervise groups of operational and / or other
administrative /trades / technical employees. Employees supervised may be in a
number of different work areas, requiring motivation, monitoring and
co-ordination to achieve specific outputs.
Interpersonal skills:
Skills to communicate with subordinate staff and the
public and/or negotiation / persuasive skills to resolve disputes with staff or
the public.
Qualifications and experience:
An advanced certificate, associate diploma, appropriate
in-house training or equivalent combined with extensive experience in the
application of skills in the most complex areas of the job.
PROFESSIONAL/SPECIALIST BAND
Professional/Specialist Band 3, Level 1 (Grades 11 to
13)
Authority and accountability:
Provides specialised/technical services to complete
assignments or projects in consultation with other professional staff. May work
with a team of technical or administrative employees requiring the review and
approval of more complex elements of the work performed by others.
Judgement and problem solving:
Problems require assessment of a range of options
having elements of complexity in reaching decisions and making recommendations.
Precedent is available from sources within the Council, and assistance is
usually available from other professional/specialist staff in the work area.
Specialist knowledge and skills:
Positions require considerable knowledge in a specific
area with a sufficient level of skills and knowledge to resolve issues having
elements of complexity that may not be clearly defined.
Management skills:
Positions at this entry level to the
Professional/Specialist Band are not required to possess management skills.
Interpersonal skills:
Persuasive skills are required to participate in
technical discussions to resolve problems, explain policy and reconcile
viewpoints.
Qualifications and experience:
Professional/specialist positions require professional
qualifications to apply theoretical knowledge to practical situations.
Professional/Specialist Band 3, Level 2 (Grades 14 to
16)
Authority and accountability:
Provides a specialised/technical service in the
completion of work and/or projects which have elements of complexity (composed
of many parts that may be more conceptual than definite).
Judgement and problem solving:
Positions require the interpretation of information and
development of suitable procedures to achieve agreed outcomes. Problem solving
and decision making require analysis of data to reach decisions and / or
determine progress.
Specialist knowledge and skills:
Experience in the application of technical concepts and
practices requiring additional training are required at this level.
Management skills:
May manage a number of projects involving people and
other resources requiring project control and monitoring as well as motivation
and co-ordination skills.
Interpersonal skills:
Interpersonal skills in leading and motivating staff in
different teams/locations may be required, as well as persuasive skills to
resolve problems or provide specialised advice.
Qualifications and experience:
Positions at this level would have supplemented base
level professional qualifications with additional skills training. Considerable
practical experience or skills training would be required to effectively
control key elements of the job.
Professional/Specialist Band 3, Level 3 (Grades 17 to
19)
Authority and accountability:
Provides a professional advisory role to people within
or outside council. Such advice may commit the Council and have significant
impact upon external parties dealing with council. The position may manage
several major projects or sections within a department of the Council.
Judgement and problem solving:
Positions have a high level of independence in solving
problems and using judgement. Problems can be multi-faceted requiring detailed
analysis of available options to solve operational, technical or service
problems.
Specialist knowledge and skills:
The skills and knowledge to resolve problems where a
number of complex alternatives need to be addressed.
Management skills:
May be required to manage staff, resolve operational problems
and participate in a management team to resolve key problems.
Interpersonal skills:
Interpersonal skills in leading and motivating staff
may be required. Persuasive skills are used in seeking agreement and discussing
issues to resolve problems with people at all levels. Communication skills are
required to enable provision of key advice both within and outside council and
to liaise with external bodies.
Qualifications and experience:
Tertiary qualifications combined with a high level of
practical experience and an in-depth knowledge of work.
Professional/Specialist Band 3, Level 4 (Grades 20 to
21)
Authority and accountability:
Accountable for the effective management of major sections
or projects within their area of expertise. As a specialist, advice would be
provided to executive level and to council on major areas of policy or on key
issues of significance to the organisation. The position's influence would have
an important role in the overall performance of the function.
Judgement and problem solving:
Positions would determine the framework for problem
solving or set strategic plans with minimal review by senior management. At
this level, the position may represent senior management or council in the
resolution of problems. The oversight of problem solving and assessment of the
quality of judgements made by less qualified staff will apply at this level.
Specialist knowledge and skills:
Positions require knowledge and skills for the
direction and control of a key function of council or major functions within a
department. Positions require expert knowledge and skills involving elements of
creativity and innovation in addressing and resolving major issues.
Management skills:
Positions may direct professional or other staff in the
planning, implementation and review of major programs, as well as participating
as a key member of a functional team.
Interpersonal skills:
Interpersonal skills in leading and motivating staff
will be required at this level. Positions require the ability to negotiate on
important matters with a high degree of independence. Positions are required to
liaise with the public and external groups and organisations.
Qualifications and experience:
Specialist tertiary qualifications in an appropriate
field of study combined with extensive practical experience in all relevant
areas in order to plan, develop and control major elements of work.
EXECUTIVE BAND
Executive Band 4 (Grades 22 to 24)
Authority and accountability:
Accountable for the direction and control of council or
a department or the like. Influence and commit council or a department or the
like to long-term strategic directions. Lead policy development and
implementation.
Judgement and problem solving:
Positions solve problems through analytic reasoning and
integration of wide-ranging and complex information and have a high level of
independence in determining direction and approach to issues.
Specialist knowledge and skills:
The position requires the application of a range of
specialist knowledge and skills, including relevant legislation and policies
and other areas of precedent. Ability to provide authoritative advice to
council.
Management skills:
Application of corporate management skills in a diverse
organisation to establish goals and objectives. Manage and control staff,
budgets and work programs or major projects of council or a department or the
like utilising leadership, evaluation and monitoring skills to facilitate
achievement of objectives. Ability to generate innovative approaches to more
effectively deploy resources, meet changing circumstances and improve service
to the Council's clients.
Interpersonal skills:
Positions use persuasive skills with external parties
on major items of critical importance to council. They motivate managers and
staff at all levels by leading and influencing others to achieve complex
objectives. They influence the development of the Council.
Qualifications and experience:
Positions will have a relevant degree or equivalent and
management experience, combined with accredited management qualifications.
20A. Annual Assessment
and Progression Rules
20.1 Employees
will be assessed for progression through the salary range for their position
annually.
20.2 At
the time of each annual assessment, Council will advise the employee of the
skills and/or any performance objectives required for the employee to progress
to the next salary step and will review the employee’s training needs.
20.3 An
employee’s progression from the entry level (Step 1) to Step 2, Step 3 and Step
4 will be based upon the acquisition and use of core skills and knowledge as
specified in the relevant position description and skills matrix.
20.4 Progression
through the salary system will be based on the acquisition and use of skills.
Where skills based progression is not reasonably available within the salary
range for the position, employees will have access to progression based on the
achievement of performance objectives relating to the position and communicated
to the employee in accordance with subclause 20.2 above.
20.5 Progression
will be subject to the employee achieving a skills/performance rating of
competent or above, at the time of the annual assessment.
20.6 For
employees at Grade 14 and above progression from Step 3 to Step 4 is subject to
performance. Should an employee’s performance be evaluated as marginal or
inadequate the employee will not be eligible to progress to the next salary
point.
20.7 Employees
may appeal against their skills assessment and/or performance evaluation. Such appeals must be in writing to the
General Manager within 10 days of the original assessment and/or
evaluation. The General Manager may
consult with applicable staff members before making a final determination.
Employees may access the Dispute Resolution Procedures of clause 44 as a means
of resolving concerns in relating to skills assessments and/or performance
evaluations.
20.8 Employees
will have access to information regarding the grade, salary range and
progression step of the position. The
guidelines found in Schedule 3 to this Award have been established to assist
the parties to the Award in relation to the operation of Council’s Salary
System and the progression of employees through Council’s Salary System.
21. Allowances and
Reimbursements
21.1 Expenses
(a) All
reasonable expenses, including out-of-pocket, accommodation and travelling
expenses, incurred in connection with an employee’s duties will be paid by
Council.
(b) Where
practical the reimbursement be included in the next pay period.
(c) The
method and mode of travelling or the vehicle to be supplied or to be used will
be arranged mutually between the Council and the employee.
(d) Travel
arrangements will be agreed between the Council and the employee.
21.2 Tools Allowance
(a) Tradespersons
and apprentices will provide their own tools.
(b) Tools
will be replaced by Council or the cost to replace tools made by Council where:
tools are worn through proper use;
tools are stolen and such theft has been reported to
the proper local police authority by the employee; and
where tools are damaged and the employees supervisor
has authorised their replacement.
(c) Otherwise,
lost tools will be replaced by employees at their own expense.
(d) Tradespersons
who are required to work in a second trade will be supplied with the necessary
tools for the second trade.
21.3 Community
Language and Signing Work
(a) Employees
using a community language skill as an adjunct to their normal duties to
provide services to speakers of a language other than English or to provide
signing services to those with hearing difficulties, will be paid an allowance
in addition to the weekly pay. The
quantum of the allowance is set out in the Table in Schedule 2.
(b) The
allowance may be paid on a regular or irregular basis, according to when the
skills are used.
(c) Such
work involves an employee acting as a first point of contact for non-English
speaking residents or residents hearing difficulty. In this regard the employee is limited to
identifying the resident’s area of concern or inquiry and then providing basic
assistance, which may include face-to-face discussion and/or telephone inquiry.
(d) Such
employees convey straightforward information relating to Council services, to
the best of their ability. The Employees
do not replace or substitute for the role of a professional interpreter or
translator.
(e) Such
employees will record their use of a community language.
21.4 First
Aid Work
(a) Where
an employee is required by Council to be a designated first aid officer,
Council will pay the fees associated with the attainment of such certificate.
(b) Council will
provide a sufficient number of properly equipped first aid boxes and one will
be provided for use in cases of accident or sudden illness at each and every
workplace where two or more persons are employed.
(c) Where
an employee is required by Council to be in charge of a first aid kit and/or to
administer first aid and the use of such adjunct skills are not paid for in
accordance with the salary system then the employee will be paid an allowance
as set out in the Table in Schedule 2.
(d) Employees
required by Council to relieve a first aid attendant will receive an allowance
as set out in the Table in Schedule 2.
21.5 Licence
fees
(a) For employees
employed prior to 21 December 2015, Council will pay licence fees for all
employees who as a requirement of the job must drive motor vehicles or are
required by the Council to obtain a specific licence to enable them to do work
required by the Council, up to 30 June 2018, after which time, they will be
reimbursed in accordance with sub-clause 21.5(b), below.
(b) For employees
employed post 21 December 2015, where Council requires them to hold a drivers’
licence other than a Class C (car) or Class R (Rider) licence, Council will
reimburse the employee the difference between the cost of the licence and the
cost of the Class C (car) licence.
22. Use of Skills
22.1 The
use of skills provisions of this clause will only apply when Council direct an
employee to carry out such duties as are within the limits of the employee’s
skill, competence and training. This may
result in an employee being required to the perform duties which may extend beyond
those identified in their position description.
22.2 An
employee directed to relieve in a position which is at a higher level within
the salary system will be paid for that relief. The rate to be paid will be
determined by considering the skills / experience applied by the employee
relieving in the position but will be at least the minimum rate for that
position in accordance with the salary system except where the higher level
skills have been taken into account within the salary of the relieving employee.
22.3 Except
as otherwise provided in sub-clause 22.4 payment for use of skills relieving in
a higher paid position will be made for the time actually spent relieving in
the higher position and is not payable when the relieving employee is absent on
paid leave or an award holiday. The
higher rate is however payable when the employee is directed to relieve during
a period which incorporates rostered days off and/or a public holiday.
22.4 Where
an employee receives a varying rate of pay for 6 months or more in the
aggregate in the preceding 12 month period, the employee’s ordinary rate of pay
will be deemed to be the average weekly rate of pay earned during the period
actually worked over the 12 months immediately preceding the annual leave.
22.5 Where
practicable, payment for relief work at a higher level must be authorised and
determined in advance and the employee explicitly directed to relieve in the
higher position.
23. Salary Packaging
and Sacrifice
Council and the employee may agree on salary packaging and
salary sacrifice arrangements with employees. Such arrangements will be
committed to writing and signed by the parties.
24. Superannuation
24.1 In the absence of
an employee electing a superannuation fund, employer superannuation
contributions will be paid into the default fund being the Local Government
Superannuation Scheme.
24.2 Salary Sacrifice
Arrangements specific to Superannuation:
(a) For the purpose
of this sub-clause:
(i) "Eligible
employee" means an employee with at least five (5) years continuous
service with the employer who has an accrued entitlement to long service leave
under the Award that is in excess of the long service leave entitlement that
the employee would have accrued if covered by section4 of the Long Service
Leave Act 1955 (NSW). For the purpose of this subclause, long service leave
is deemed to accrue under the LSL Act at the rate of 0.867 weeks per year of
service.
(ii) "Excess
LSL" means the long service leave that an employee has accrued under the
Award that is in excess of the long service leave that the employee would have
accrued if covered by section 4 of the Long Service Leave Act 1955
(NSW).
(iii) "LSL"
means Long Service Leave.
(iv) "LSL
Act" means Long Service Leave Act 1955 (NSW).
(v) "Ordinary
Time Earnings" has the same meaning as in section 6(1) of the Superannuation
Guarantee (Administration) Act 1992 (Cth).
(vi) ‘Superannuation
Fund" means the Local Government Superannuation Scheme.
(b) Subject to this
clause, eligible employees may, with the consent of the employer, cash out some
or all of their Excess LSL.
(c) Any Excess LSL cashed
out in accordance with this clause will be paid to the employee at the
employee’s ordinary rate of pay.
Example: A full time employee with 10 years’ continuous
service with the employer accrues 13 weeks LSL under the Award, whereas they
would have only accrued 8 weeks LSL if covered by s4 of the LSL Act. after 10
years’ service, the employee would have up to 5 weeks Excess LSL which may,
with the consent of the employer, be cashed out.
(d) Eligible
employees who have Excess LSL cashed out under this clause must enter into a
Salary Sacrifice Arrangement for the equivalent amount to be paid into the
Superannuation Fund as Ordinary Time Earnings, unless the employee has reached
their concessional contribution cap.
(e) Any Salary
Sacrifice Arrangement made under this clause will not be treated as an approved
benefit for superannuation purposes.
25. Payment of
Employees
25.1 Employees
will be paid fortnightly.
25.2 Council
will be entitled to deduct from the employee’s pay such amounts as the employee
authorises in writing.
25.3 An
employee’s ordinary pay will not be reduced when the employee is prevented from
attending work due to bushfire or other climatic circumstances beyond their
control.
PART 4
LEAVE PROVISIONS
26. Annual Leave - General
Provisions
26.1 Unless
otherwise provided, paid annual leave may be taken for a period agreed between
the employee and Council, having regard to operational requirements. Council
must not unreasonably refuse to agree to a request by the employee to take paid
annual leave.
26.2 Council
may direct an employee to take annual leave by giving at least four weeks’
notice where the employee has accumulated in excess of ten weeks annual leave.
26.3 Council
may direct an employee to take annual leave during a shut-down period by giving
at least four weeks’ notice prior to the proposed shut-down. The direction to take annual leave is
conditional upon the employee having at least the equivalent amount of annual
leave credited to them as the shut-down period. This clause should be read in
conjunction with the provisions of the Annual Holidays Act 1944 (NSW).
Option to cash out
26.4 An
employee may forgo any accrued annual leave in excess of four (4) weeks, at
ordinary pay, that is accrued in the preceding twelve month period, where:
(a) the employee makes a written application to Council; and
(b) Council
authorises the request.
26.5 Where
a request has been authorised, Council will:
(a) deduct the equivalent amount of annual leave; and
(b) make payment for annual leave forgone, at the employees
ordinary pay.
27. Annual Leave -
Employees Engaged prior to 21 December 2015
27.1 Employees
accrue annual leave in a twelve month period as follows,
(a) Salaried
office employees accrue annual leave at the rate of six (6) weeks per annum;
(b) Wages
employees accrue annual leave at the rate of five (5) weeks per annum;
27.2 Employees
in the sanitary and garbage depot will be entitled to annual leave on the
following basis:
(a) Five (5) weeks annual;
(b) A
further two weeks in recognition of the time worked on holidays;
(c) A
total period in the aggregate will not exceed seven (7) weeks in all but this
seven (7) weeks if the employee so desires is to be taken at the one time; and
(d) As
to other time worked on holidays, the employee will be entitled to be paid for
such time pursuant to the provisions of sub-clause 37.3 of this Award.
28. Annual Leave -
Employees Engaged on or after 21 December 2015
28.1 The
provisions of this clause apply to those employees engaged on or after 21
December 2015
Amount of leave
28.2 Employees accrue
annual leave in a twelve month period as follows:
(a) salaried
office employees accrue annual leave at the rate of five (5) weeks per annum;
(b) Wages
employees accrue annual leave at the rate of five (5) weeks per annum;
28.3 Employees
in the sanitary and garbage depot will be entitled to annual leave on the
following basis:
(a) Five (5) weeks annual leave;
(b) A
further two weeks in recognition of the time worked on holidays;
(c) A
total period in the aggregate will not exceed seven (7) weeks in all but this
seven (7) weeks if the employee so desires is to be taken at the one time; and
(d) As
to other time worked on holidays, the employee will be entitled to be paid for
such time pursuant to the provisions of sub-clause 37.3 of this Award.
29. Long Service Leave
29.1 An
employee of council will be entitled to Long Service Leave at ordinary pay as
follows: -
Length of Service
|
Entitlement
|
After 5 years' service
|
6.5 weeks
|
After 10 years' service
|
13 weeks
|
After 15 years' service
|
19.5 weeks
|
After 20 years' service
|
30.5 weeks
|
For every completed period of 5 years' service thereafter
|
11 weeks
|
29.2 Where
an employee has completed more than five years’ service with Council and is
terminated for any cause, long service leave will be deemed to have accrued for
the employee's total length of service and an amount equivalent to such long
service leave, less such leave already taken, computed in monthly periods and
equivalent to 1.3 weeks for each year of service up to 15 years and 2.2 weeks
for each year of service from 15 years onwards.
29.3 Where
an employee has completed more than five (5) years’ service with the employer,
the employee will be entitled to apply for long service leave accrued between
each completed five (5) years of service on a pro rata basis calculated
monthly. Such an application will not be unreasonably refused.
29.4
(a) An employee who
is entitled to long service leave may, with the consent of the council, take
long service leave:
(1) on full pay; or
(2) on half pay; or
(3) on double pay.
(b) When
an employee takes long service leave, the leave entitlement will be deducted on
the following basis:
(1) a period of
leave on full pay - the number of days so taken; or
(2) a period of
leave on half pay - half the number of days so taken; or
(3) a period of
leave on double pay - twice the number of days so taken.
(c) When
an employee takes long service leave, the period of service for the purpose of
leave accruals will be as follows:
(1) a period of
leave on full pay - the number of days so taken; or
(2) a period of
leave on half pay - half the number of days so taken; or
(3) a period of
leave on double pay - the number of days so taken.
(d) Employees
that take long service leave at half pay or double pay will not be
disadvantaged nor obtain a windfall gain in relation to superannuation
contributions.
29.5 Employees
who were in the Council’s employ as at 1st January 1964 and who had at that
date completed less than fifteen (15) years’ service:
(a) For
the period between 1st January 1964 and the date on which they completed or
will complete a total of 15 years’ service in all, their long service leave
will be calculated on the basis of 13 weeks’ long service leave for ten (10)
years’ service;
(b) Thereafter long
service leave is to be calculated on the basis of 22 weeks for ten years’
service.
29.6 Long
service leave will be taken at a time mutually convenient to Council and the
employee in minimum periods of one week provided that all long service leave
accruing on or after the first pay period commencing on or after 16 March 2010
will be taken within five years of it falling due.
29.7 Payment
to an employee proceeding on long service leave will be made by Council at the
employee’s ordinary pay for the period of long service leave either before the
commencement of the employee’s long service leave, or by agreement through the
usual pay periods.
29.8 An
employee who has become entitled to a period of leave and the employee's
employment is terminated by resignation, death or dismissal for any cause will
be deemed to have entered upon leave at the date of termination of the
employment and will be entitled to payment accordingly.
29.9 An employee who
is entitled to long service leave, may, with the consent of the employer, cash
out a particular amount of Excess Long Service Leave. Excess Long Service Leave
means the long service leave that an employee has accrued under the Award that
is on excess of the long service leave that the employee would have accrued if
covered by section 4 of the Long Service Leave Act 1955 (NSW). For the
purpose of this subclause, long service leave is deemed to accrue under the LSL
Act at the rate of .0867 weeks per year of service.
Each cashing out of a particular amount of Excess Long
Service Leave must be by separate agreement between the employer and the
employee.
29.10 There
will be deducted in the calculation of the employee's service all leave of
absence without payment not specifically acknowledged and accepted by Council
as service at the time leave was taken.
29.11 Long
service leave will be exclusive of annual leave and any other holidays as
prescribed by this Award, occurring during the taking of any period of long
service leave.
29.12 When
the service of an employee is terminated by death the council will pay to the employee's
estate the monetary equivalent of any untaken long service leave standing to
the employee's credit at the time of the employee's decease.
29.13 Where
an employee's service is terminated through shortage of work, material or
finance or through illness certified by a duly qualified medical practitioner
and such employee is re-employed by Broken Hill City Council within 12 months
of termination of service, prior service will be counted for the purpose of
this clause.
29.14 In
calculating the entitlement to long service leave; this Agreement must be read
in conjunction with Regulation 406A of the Local Government (General)
Regulation 2005 as amended.
29.15 In
special circumstances Council may dispense with the requirements of subclause
29.5 and allow periods of less than one (1) week.
30. Sick Leave
30.1 An
employee is entitled to three (3) weeks’ paid sick leave for each year of
service, ay the ordinary rate of pay. Sick leave is cumulative in that it will
accumulate from year to year and may be taken in any subsequent year.
30.2 Employees
who are absent from work due to a personal illness/injury will have access to
sick leave with pay subject to the following:
(i) An employee will notify their immediate supervisor by way of
telephone call, within one (1) hour, where possible, of the employee’s usual
start time, of the employee’s inability to attend on account of personal
illness/injury. The employee will provide the supervisor with the estimated
duration of the absence.
(ii) An
employee will be required to provide a medical certificate or statutory
declaration of the illness/injury where the period of absence is for more than
two (2) consecutive working days and/or where Council identifies that there is
a pattern of absence and/or where Council has reason to believe that the
employee’s absence is not consistent with the appropriate use of personal
leave.
30.3 Employees
who are absent from work due to personal illness/injury and who submit a
medical certificate to that effect, will be entitled to all benefits of this
Award until their accumulated sick leave is exhausted. For a period of three
months after that they will be entitled to payment of any public holidays which
fall due but after the elapse of such period of three months they will cease to
be entitled to any benefits under this Award until they return to work.
30.4 All
employees who have accrued untaken sick leave at the time of retirement or
termination of employment will be paid for such accrued leave, such payment to
be calculated at the wage rate applicable at the date of retirement or on
termination of employment in accordance with the following:
(a) One
half (1/2) of sick leave accrued between 1 January 1960 and 19 March 1973;
(b) Three
quarters (3/4) of sick leave accrued between 20 March 1973 and 31 March 1980;
(c) The
whole of sick leave accrued between 1 April 1980 and 31 January 1985; and
(d) The
whole of two (2) of the three (3) weeks per annum of the sick leave accrued
from 1 February 1985 up until 31 March 1994.
The benefits accruing from this subsection will be
applied to persons employed on a full-time basis by Council as at 31 March 1994
but not to persons employed subsequent to that date.
30.5
(a) Any
employee who becomes sick or is injured whilst on annual leave and produces
within a reasonable time, no later than the conclusion of the annual leave, a
doctor’s certificate which satisfactorily indicates to Council that the
employee was unable to derive benefit from their annual leave, may be granted,
at a time convenient to Council, additional leave equivalent to the period of
sickness or injury.
(b) The
re-crediting of annual leave will only apply in cases where the period which
Council is satisfied that the employee was unable to derive benefit from the
annual leave was at least seven (7) consecutive days.
31. Carer’s Leave
31.1 Use
of Sick Leave: an employee, other than a casual employee, with responsibilities
in relation to a class of person set out in sub-clause 31.6 below who needs the
employee's care and support will be entitled to use, in accordance with this
subclause, any current or accrued sick leave entitlement, provided for at
clause 30, of this Award, for absences to provide care and support for such
persons when they are ill, or who require care due to an unexpected emergency.
Such leave may be taken for part of a single day.
31.2 Carer’s
leave is not intended to be used for long term, ongoing care. In such cases,
the employee is obligated to investigate appropriate care arrangements where
these are reasonably available.
31.3 Where
more than ten days sick leave in any year is to be used for caring purposes the
council and employee will discuss appropriate arrangements which, as far as
practicable, take account of Council’s and the employee’s requirements.
31.4 Where
the parties are unable to reach agreement the grievance and disputes procedures
at clause 44 of this Award should be followed.
31.5 The
employee will, 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
and support by another person; or
(b) establish by production of documentation acceptable to the
council or a statutory declaration, the nature of the emergency and that such
emergency resulted in the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person has taken leave to care
for the same person.
31.6 The
entitlement to use sick leave in accordance with this subclause is subject to:
(a) the employee being responsible for the care of the person
concerned; and
(b) the person concerned being:
(1) a spouse of the
employee; or
(2) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person, or
(3) a child or an
adult child (including an adopted child, a step child, foster child or an ex
nuptial child), parent (including a foster parent, step parent and legal
guardian), parents of spouse, grandparent, grandchild or sibling (including
half, foster and step sibling) of the employee or spouse or de facto spouse of
the employee; or
(4) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(5) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(a) 'relative'
means a person related by blood, marriage or affinity;
(b) 'affinity'
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(c) 'household'
means a family group living in the same domestic dwelling.
31.7 An
employee may elect, with the consent of Council, to take unpaid leave for the
purpose of providing care and support to a class of person set out in
sub-clause 31.6(b) above who is ill or who requires care due to an unexpected
emergency.
31.8 An
employee will, wherever practicable, give Council notice prior to the absence
of the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee will notify the employee’s
supervisor by telephone of such absence at the first opportunity on the day of
absence.
31.9 Carer’s
Entitlement for Casual Employees
(a) Subject
to the evidentiary and notice requirements in sub-clauses 31.5 and 31.8 casual
employees are entitled to not be available to attend work, or to leave work if
they need to care for a person prescribed in sub-clause 31.6(b) of this clause
who are sick and require care and support, or who require care due to an
unexpected emergency, or the birth of a child.
(b) Council
and the employee will agree on the period for which the employee will be
entitled to not be available to attend work. The casual employee is not
entitled to any payment for the period of non-attendance.
(c) Council
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of Council to engage or
not to engage a casual employee are otherwise not affected.
31.10 Time
off in Lieu of Payment for Overtime: An employee may, with the consent of
Council, elect to take time in lieu of payment of overtime accumulated in
accordance with the provisions of clause14 of this Award for the purpose of
providing care and support for a person in accordance with subclause 31.6
above.
31.11 Make-up
time: An employee may elect, with the consent of Council, to work 'make-up
time', under which the employee takes time off during ordinary hours, and works
those hours at a later time, within the spread of ordinary hours provided in
this Award, at the ordinary rate of pay for the purpose of providing care and
support for a person in accordance with subclause 31.6 above.
31.12 Annual
Leave and Leave Without Pay: An employee may elect with the consent of
Council to take annual leave or leave without pay for the purpose of providing
care and support for a person in accordance with subclause 31.6 above. Such
leave will be taken in accordance with subclauses 27, 28 clause and 29, Annual
Leave and clause 35, Leave Without Pay, of this Award.
32. Bereavement Leave
32.1 Where
an employee is absent from duty because of the death of a person in accordance
with paragraphs (a)-(e) below and provides satisfactory evidence to Council of
such, the employee will be granted two days leave with pay upon application.
Persons in respect of whom bereavement leave may be claimed include:
(a) a spouse of the employee; or
(b) a
de facto spouse, who, in relation to a person, is a person of the opposite sex
to the first mentioned person who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person; or
(c) a child or an adult child (including an adopted child, a step
child, foster child or an ex nuptial child), parent (including a foster parent,
step parent and legal guardian), parents of spouse, grandparent, grandchild or
sibling (including half, foster and step sibling) of the employee or spouse or
de facto spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household,
where for the purposes of this paragraph:
(1) 'relative'
means a person related by blood, marriage or affinity;
(2) 'affinity' means
a relationship that one spouse because of marriage has to blood relatives of
the other; and
(3) 'household'
means a family group living in the same domestic dwelling.
32.2 Bereavement
Entitlements for Casual Employees
(a) Casual
employees who are rostered to work will provide satisfactory evidence to
Council that they are unavailable to attend work as a result of the death in
Australia of a person prescribed in subclause 32.1 paragraphs (a)-(e) above.
(b) Council
and the employee will agree on the period for which the employee will be
entitled to not be available to attend work.
The casual employee is not entitled to any payment for the period of
non-attendance.
(c) Council
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of Council to engage or
not engage a casual employee are otherwise not affected.
32.3 Representation
at Funeral
(a) Council
will permit two employees selected by the Union of which the deceased was a
member to attend an employee’s funeral and the two employees will be entitled
to receive payment for reasonable time lost in attending the funeral.
32.4 Employees
on a period of annual leave, who would have otherwise qualified for bereavement
leave prescribed by this Award, will be paid bereavement leave in accordance
with Clause 32 of this Award and have up to a maximum of two days annual leave
re-credited to their accruals.
32.5 In
the event that an employee finds it necessary to travel a distance exceeding
200 kilometres from Broken Hill to attend the funeral of person prescribed in
subclause 32.1 paragraphs (a)-(e) above, then the two days paid leave provided
by sub-clause 32.1 will be increased to three days.
32.6 Upon
receipt of an application by an employee to attend the funeral of a person who
is not a person prescribed in sub-clause 32.1 paragraphs (a)-(e) above, Council
will grant two (2) hours leave without pay to the employee to attend the
funeral, provided that the leave granted will commence and terminate at the
site of the job upon which the employee is employed.
33. Parental Leave
33.1 General
Relationship with federal legislation - Subclauses
33.1, 33.2, 33.3, and 33.5 of this award will apply in addition to:
(a) Chapter
2, Part 2-2, Division 5 - ‘Parental leave and related entitlements’ of the
National Employment Standard (NES) under the Fair Work Act 2009 (Cth);
and
(b) the Paid Parental Leave Act 2010
(Cth).
Note: Division 5 of the Fair Work Act 2009 (Cth) relates
to:
unpaid parental leave, including unpaid adoption leave
unpaid special maternity leave
transfer to a safe job and no safe job leave
|
Requests for Flexible Working Arrangements
Chapter 2, Part 2-2, Division 4, Requests for Flexible
Working Arrangements of the Fair Work Act 2009, will apply.
33.2 Paid
Parental Leave
(a) Definitions
- in this clause:
(i) PPL instalments
will mean instalments paid during the paid parental leave period under the Paid
Parental Leave Act 2010 (Cth).
(ii) parental leave
make-up pay will mean the employee’s ordinary pay, inclusive of PPL
instalments. Where an employee works a varying number of ordinary hours for 6
months or more in the aggregate in the 12 month period immediately preceding
leave associated with the birth of a child, the employee’s ordinary hours will
be deemed to be the average weekly number of ordinary hours worked during the
12 month period.
(b) Eligibility
This clause will apply to an employee who is receiving
PPL instalments as a primary or secondary claimant under the Paid Parental
Leave Act 2010 (Cth), and who has had 12 months continuous service with the
Council immediately prior to the commencement of paid parental leave.
(c) Entitlement
to parental leave make-up pay
(i) An employee
will be entitled to parental leave make-up pay for the period that they are
receiving PPL instalments, up to a maximum of 18 weeks.
(ii) Parental leave
make-up pay will be counted as service for the purposes of long service, annual
and sick leave accruals and superannuation. Superannuation is calculated on the
employee’s ordinary rate of pay.
(iii) Re-qualification
period - An employee will not be entitled to a further period of parental leave
make up pay unless the employee has returned to work for the council for at
least 3 months since their previous period of parental leave.
(d) Employee’s
right to choose
(i) An employee who
satisfies the eligibility criteria for paid maternity leave or paid special
maternity leave under clause 33 of this Award may elect to receive paid
maternity leave and /or paid special maternity leave in accordance with the
provisions of this Award in lieu of the entitlement to parental leave make-up
pay under this award, provided the re-qualification period in subclause (iii)
above will apply.
(ii) This subclause
will not apply where another employee of council receives parental leave
make-up pay in connection with the pregnancy or birth of the child.
33.3 Concurrent
Parental Leave
An employee, who is a supporting parent will be
entitled to up to 10 days paid concurrent parental leave from their accrued
sick leave balance at the time their partner gives birth to a child or at the
time the employee adopts a child provided that the employee has had 12 months
continuous service with council immediately prior to the commencement of their
concurrent parental leave.
33.4 Adoption
Leave
(a) Eligibility
This clause applies to an employee who is entitled to adoption-related
leave under the Fair Work Act 2009 (Cth).
(b) Pre-adoption
Leave
(i) An employee,
other than a casual, who is entitled to unpaid pre-adoption leave under the Fair
Work Act 2009 (Cth) is entitled to up to 2 days paid pre-adoption leave at
ordinary pay for the period of such leave.
(ii) An employee who
is entitled to a period of paid pre‑adoption leave is entitled to take
the leave as:
(1) single
continuous period of up to 2 days; or
(2) any separate
periods to which the employee and council agree.
(c) Adoption
Leave
(i) An employee,
other than a casual, who has or will have primary responsibility for the care
of an adopted child is entitled to up to 4 weeks paid adoption leave at
ordinary pay from the date the child is placed with the employee for adoption.
(ii) Paid adoption
leave must not extend beyond 4 weeks of the date of placement of the child.
(iii) This subclause
will not apply where an employee of council receives parental leave make-up pay
in connection with the adoption of the child.
33.5 Casual
Re-engagement
(a) Council
must not fail to re-engage a regular casual employee as defined in section
53(2) of the Industrial Relations Act 1996 (NSW) because:
(i) the employee or
employee's spouse is pregnant; or
(ii) the employee is
or has been immediately absent on parental leave.
(b) The
rights of Council in relation to engagement and re-engagement of casual employees
are not affected, other than in accordance with this sub-clause.
34. Paid Maternity
Leave
34.1 This
clause applies to all full time and part time female employees who have had 12
months continuous service with council immediately prior to the commencement of
maternity leave or special maternity leave and to female casual employees who
have worked on a regular and systematic basis with council for at least 12
months prior to the commencement of maternity leave or special maternity leave.
34.2 Paid
maternity leave will mean leave taken by a female employee in connection with
the pregnancy or the birth of a child of the employee. Paid maternity leave
consists of an unbroken period of leave.
34.3 Paid special maternity leave will mean leave
taken by an employee where the pregnancy of the employee terminates before the
expected date of birth (other than by the birth of a living child), or where
she suffers illness related to her pregnancy, and she is not then on paid
maternity leave; provided that a medical practitioner certifies such leave to
be necessary before her return to work.
34.4 An
employee will be entitled to a total of 9 weeks paid maternity leave or special
maternity leave on full pay; or 18 weeks maternity leave or special maternity
leave on half pay; or maternity leave or special maternity leave on a
combination of full pay or half pay provided the leave does not exceed the
equivalent of 9 weeks on full pay.
34.5 The
employee may choose to commence paid maternity leave before the expected date
of the birth.
34.6 Annual
leave, long service leave, unpaid maternity leave and any accumulated time in
lieu may be taken in conjunction with paid maternity leave and special
maternity leave, subject to council approval, provided that the total period of
leave does not exceed 104 weeks.
34.7 Employees
may take periods of annual leave and long service leave during unpaid maternity
leave at half pay, provided the total period of all leave does not exceed 104
weeks.
34.8 The
period of paid maternity leave and special maternity leave is taken into
account in calculating the employee's long service, annual and sick leave
accruals.
34.9 Where
an employee has completed ten years continuous service, the period of unpaid
maternity or adoption leave will count as service for long service leave
purposes, provided that the unpaid maternity or adoption leave does not exceed
six months. For employees with less
than ten years continuous service periods of unpaid maternity or adoption leave
do not count as service for long service leave purposes.
34.10 Paid
maternity leave may not be extended beyond the first anniversary of the child's
birth.
34.11 Payment
for maternity leave and special maternity leave is at the ordinary rate
applicable prior to the commencement of the leave period. Employees working as permanent part time
employees will be paid at their ordinary part time rate of pay calculated on
the regular number of hours worked. A
casual employee's rate of pay will be calculated by averaging the employee's
weekly wage in the 12 months immediately prior to the employee commencing paid
maternity leave or special maternity leave.
34.12 Paid
maternity leave and paid special maternity leave will be exclusive of public
holidays. Where a public holiday falls during a period where the employee has
taken either paid maternity leave or annual or long service leave on half pay,
the public holiday will also be paid at half pay. Further, all entitlements
will accrue during periods of leave at half pay on a proportionate basis.
34.13 Notice
of intention to take paid maternity leave the employee must:
provide council with certification of the expected date
of confinement at least 10 weeks before the child is due. This is known as the first notice.
advise council in writing of her intention to take paid
maternity leave and the proposed start date at least 4 weeks prior to that
date. This is known as the second
notice.
provide a signed statutory declaration that the
employee will be the primary care giver to the child and that the paid
maternity leave will not be taken in conjunction with any partner accessing
paid parental leave entitlements.
34.14 The
employee will not engage in any other form of paid work during the period of
paid maternity leave without the approval of the general manager.
34.15 Subject
to an application by the council and further order of the Industrial Relations
Commission of New South Wales, a council may pay a lesser amount (or no amount)
of maternity leave or special maternity leave than that contained in this
clause where council can demonstrate economic hardship.
34.16 Unpaid adoption
leave
(a) An
employee who qualifies for paid adoption leave pursuant to the provisions of
sub-clause 34.15 is entitled to unpaid adoption leave as follows:
(i) where the child
is under the age of 12 months - a period of not more than 12 months from the
date of taking custody;
(ii) where the child
is over the age of 12 months - a period of up to 12 months, such period however
is to be agreed upon by the employee and the Council.
35. Leave Without Pay
If an employee has exhausted all available relevant leave
entitlements, then approved leave without pay will be taken at a time
convenient to Council and the employee and will not be counted as service for
holidays, long service leave, sick leave and annual leave. However, leave
without pay will not break continuity of service.
36. Family and
Domestic Violence Leave
The employer may grant special leave, either with or without
pay to an employee for a period as determined by the employer to cover specific
matters approved by the General Manager in relation to leave for victims of
family and domestic violence.
Any period of leave without pay will not be regarded as
service for the purpose of computing entitlements under this award. Such
periods of leave without pay will not however constitute as break in the
employee’s continuity of service.
37. Flexibility for
Work and Family Responsibilities
37.1 An
employee, other than a casual employee, may request flexible work and leave
arrangements to enable the individual employee to attend to work and family
responsibilities.
37.2 An
employee’s request must be in writing and be forwarded to Council and the
Union. In addition, the request must
outline a period within which the arrangement is to be reviewed by Council and
the Union.
37.3 Council
and the Union will not unreasonably withhold agreement to flexible work and
leave arrangements, provided Council’s operational needs are met.
37.4 Flexible
work and leave arrangements include but are not limited to:
(a) make up time;
(b) flexi time;
(c) time in lieu;
(d) leave without pay;
(e) annual leave;
(f) part-time work;
(g) job share arrangements, and
(h) variations to ordinary hours and rosters.
(i) purchased additional annual leave arrangements
37.5 The
terms of a flexible work and leave arrangement will be in writing and may be
varied from time to time, by agreement, to suit the specific needs of either
party.
37.6 Any
such agreement will not apply to new or vacant positions.
38. Public Holidays
38.1 Employees
will have holidays without loss of pay on New Years’ Day; Australia Day; Good
Friday; Easter Saturday; Easter Monday; Anzac Day; Queen’s Birthday; Labour
Day; Christmas Day; Boxing Day and Picnic Day (which will be held on Melbourne
Cup Day each year).
38.2 In
addition to the days provided for in sub-clause 37.1 above employees who are
Aboriginal and Torres Straight Islanders will be entitled to one day during
NAIDOC week so that they can participate in National Aboriginal and Islander
Day celebrations.
38.3 Payment
for work that is rostered in advance on a public holiday will be paid at triple
time, inclusive of the days pay.
39.4 If
a holiday falls on an employee’s rostered day off under a seven day rotating
roster, the employee will be paid an additional ordinary day’s pay, or Council
may grant a day’s leave, without loss of pay, at a mutually convenient time.
39.5 Any
employee who is called in to work on a public holiday or on Easter Saturday
will be paid a minimum of four (4) hours at the rate of double time and a half,
exclusive of payment for the public holiday.
39.6 An
employee attending a Technical College as an approved student on a public
holiday, picnic day or NAIDOC day will receive a day in lieu.
39.7 Where
a holiday identified in subclause 37.1 falls on a Saturday or Sunday and the
State Government does not gazette another day, the holiday will be observed on
the day it falls.
39. Trade Union
Training Leave
Council will agree to release employees to attend an
accredited trade union training course with pay and such agreement will not be
unreasonably withheld, provided that Council will not be required to pay in
excess of 10 days leave per annum.
40. Trade Union
Conference Leave
An employee of Council who is an accredited delegate to the
Union’s annual conference will be entitled to paid leave of absence for the
duration of the conference and related travel, provided that should there be
more than one accredited delegate per union, such leave with pay is at the
discretion of Council.
41. Jury Service Leave
41.1 An
employee required to attend for jury service during the employee's ordinary
working hours will be reimbursed by the Council an amount equal to the
difference between the amount in respect of the employee's attendance for such
jury service and the amount of wage the employee would have received in respect
of the ordinary time the employee would have worked had the employee not been
on jury service.
41.2 An
employee will notify the Council as soon as possible of the date upon which the
employee is required to attend for jury service. Further the employee will give
council proof of attendance, the duration of such attendance and the amount
received in respect of such jury service.
42. Army Reserve
Training
Where an employee as a consequence of a written application
approved by the Council loses time as a result of attending the annual camp of
the Army Reserve the employer will make up the difference between the payment
receivable from the Department of Defence and their wages.
PART 5
CONSULTATIVE COMMITTEE
43. Consultative
Committee Aim
43.1 The
parties to the award are committed to consultative and participative processes.
There will be a consultative committee at Council which will:
(a) provide a forum for consultation between Council and its
employees;
(b) positively co-operate in workplace reform to enhance the
efficiency and productivity of Council and to provide employees with access to
career opportunities and more fulfilling, varied and better paid work.
SIZE AND COMPOSITION
43.2 The
size and composition of the consultative committee will be representative of
Council’s workforce and agreed to by Council and the local representatives from
the unions.
43.3 The
consultative committee will include but not be limited to employee
representatives of each of the unions that are parties to the Consent Award and
who have members employed at Council.
43.4 Officers
of the union(s) or Association(s) may attend and provide input to meetings of
the consultative committee, at the invitation of the consultative committee or
their respective members.
SCOPE OF CONSULTATIVE COMMITTEES
43.5 The
functions of the consultative committee will include:
(a) award implementation
(b) training
(c) consultation with regard to organisation restructure
(d) job redesign
(e)
salary systems
(f) communication and education mechanisms
(g) performance management systems
(h) changes to variable working hours arrangements for new or
vacant positions
(i) local government reform.
43.6 The
consultative committee will not consider matters which are being or should be
processed in accordance with clause 36 of the Award, Dispute Resolution
Procedure.
MEETINGS AND
SUPPORT SERVICES
43.7 The
consultative committee will make recommendations based upon consensus. Where
there is no consensus on a particular item, the recommendation to council
should note the dissenting views.
43.8 The
consultative committee will meet as required.
PART 6
DISPUTE RESOLUTION
44. Dispute Resolution
Procedure
44.1 At
any stage of the procedure, the employee(s) may be represented by their union
or its local representative/delegate and the Council represented by the
Association.
44.2 The
union delegate will have reasonable time, without loss of pay, to discuss a
grievance or dispute with management at the local level where prior approval is
sought. Such approval will not be unreasonably withheld.
44.3 A
grievance or dispute will be dealt with as follows:
(a) The
employee(s) will notify the supervisor, or other authorised officers of any
grievance or dispute and the remedy sought, in writing.
(b) A
meeting will be held between the employee(s) and the supervisor to discuss the
grievance or dispute and the remedy sought within two working days of
notification.
(c) If
the matter remains unresolved, the employee(s) may request the matter be
referred to the head of the department or other authorised officer for
discussion. A further meeting between all parties will be held as soon as
practicable.
(d) If
the matter remains unresolved the general manager will provide the employee(s)
with a written response. The response will include the reasons for not
implementing any proposed remedy.
(e) Where
the matter remains unresolved, it may be referred to the employee's union or
representative and by the general manger or other authorised officer to the
Association for further discussion between the parties.
(f) If
a dispute arises steps will be taken immediately to arrange a conference
between Council and the Union or Unions concerned. No further action on the matter will be taken
until the conference has been held and at least two ordinary working days have
elapsed subsequent to the holding of such a conference.
44.4 The
Industrial Registrar may be advised of the existence of a dispute at any stage
of this procedure.
44.5 During
this procedure and while the matter is in the course of negotiation,
conciliation and/or arbitration, the work practices existing prior to the
dispute will as far as practicable proceed as normal.
PART 7
TERMINATION OF EMPLOYMENT AND REDUNDANCY
45. Termination of
Employment
45.1 Council
and/or the employee will give a period of notice of intention to terminate
employment in accordance with the following scale or by payment in lieu
thereof:
Length of service
|
Period of notice
|
Less than 2 years
|
2 weeks
|
2 years and less than 3 years
|
3 weeks
|
3 years and less than 5 years
|
4 weeks
|
5 years and beyond
|
5 weeks
|
45.2 The
period of notice in the table in sub-clause 44.2 must be increased by one (1)
week if the employee is over forty five (45) years old and has completed at
least two (2) years of continuous service with Council. The employee is not
required to provide an additional weeks notice.
45.3 In
cases of serious misconduct, Council may summarily dismiss an employee
following a proper investigation and provided the employee is afforded procedural
fairness. Where an employee is summarily
dismissed subclauses 44.1 and 45.16 will not apply.
45.4 Nothing
in subclause 44.1 prevents the Council and employee from agreeing to a lesser
period of notice.
45.5 Except
where otherwise provided, the above requirements do not apply when Clause 47,
Redundancy, applies.
46. Redundancy -
General Application, Process and Consultation
46.1 It
is agreed that the inclusion of this clause in the Award does nothing
whatsoever to vary or influence the understanding that the strongest endeavours
of the Council and the relevant union(s) and the employees affected will be
directed to ensuring that all employees are placed in alternative permanent
employment and that the implementation of this clause will not in any manner be
used to influence or encourage any employee to terminate employment before
every practical effort has been made by all parties to have an employee who may
otherwise be deemed redundant placed in an alternative job.
46.2 Notwithstanding
anything contained elsewhere in this clause, this clause will not apply where
employment is terminated as a consequent of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees or employees engaged for a specific period of time, or
for a specific task or tasks, or where employment is terminated due to the
ordinary and customary turnover of labour.
46.3 Notwithstanding
anything contained elsewhere in this clause, this clause will not apply to
employees with less than one years’ continuous service and the general
obligation on Council will be not more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
46.4 Where
Council has made a definite decision to introduce changes in production,
program, organisation structure or technology that are likely to have
significant effects on employees, Council will notify the employees who may be
affected by the proposed changes and the union to which they belong.
46.5 Council’s
duty to discuss change:
(i) Council will discuss with the employees affected and the union
to which they belong, inter alia, the introduction of the changes, the effects
the changes are likely to have on employees and measures to avert or mitigate
the adverse effects of such changes on employees and will give prompt
consideration to matters raised by the employees and/or the union(s) in
relation to the changes.
(ii) The
discussion will commence as early as practicable after a decision has been made
by the employer to make the changes.
(iii) For
the purpose of such discussions, Council will provide to the employees
concerned and the union to which they belong, all relevant information about
the changes including the nature of the changes proposed, the expected effects
of the changes on employees and any other matters likely to affect employees,
provided that Council will not be required to disclose confidential
information, the disclosure of which would adversely affect Council.
46.6 A
"redundant employee" means a person who is employed on a permanent
basis by Council whose services will become redundant on account of the
introduction or proposed introduction by the Council of mechanisation or
technological changes or the reorganisation of the Council’s structure, systems
or methods of operation and when the Council concludes that in co-operation
with the Unions and the employee that it has been unsuccessful in providing
alternative employment.
This definition will not apply to any person engaged by
the Council on a temporary, casual or short term basis or any person engaged to
work on a special employment projects such as government funded unemployment
relief programmes or the like.
46.7 In
every case, potentially redundant employees will be retrained to fill permanent
position which are available or about to become available in the Council’s work
forces in any of the Council’s various departments.
46.8 The
Council will retrain the employee for a reasonable period at all times
receiving the earnest co-operation of the employee in acquiring the new skills
intended to be achieved by the training.
46.9 Whenever
practicable and in accordance with normal practice, the necessary retraining
will be carried out by the Council in its time and at its expense. If the
Council considers that "in house" training should be supplemented by
training at an outside institution (e.g. the Broken Hill Technical College),
all reasonable costs of such additional training will be met by the employer.
If the training at the outside institution is available in "out of normal
work hours", the employee will be required to attend that training in
their own time without additional payment of time off in lieu. The costs of
training will in such circumstances be met by the Council.
46.10 In
the event of a potentially redundant employee transferring to new duties for
which there is prescribed a rate of pay higher than that previously paid to
them, such rate of pay will apply from the date of that employee’s transfer.
46.11 In
the event of a potentially redundant employee transferring to new duties for
which there is prescribed a rate of pay lower than that previously paid to
them, such lower rate will not apply until 13 weeks after the date of the
employee’s transfer. Where an employee is transferred to lower paid duties as a
result of the introduction of changes in production, program, organisation,
structure or technology, the employee will be entitled to the same period of
notice of transfer as the employee would have been entitled to if the
employee’s employment had been terminated and Council may, at its own
discretion make payment in lieu thereof, an amount equal to the difference
between the former ordinary time rate of pay, and the new ordinary time rate
for the number of weeks notice still owing.
46.12 Shift
allowances will not be taken into account when comparing the rate of pay for
the purposes of subclauses 45.10 and 45.11
46.13 Having
regard to the intention of all parties that no person will become redundant, if
it is not possible to retrain a potentially redundant employee to new duties,
an employee will become redundant, and the Council will give such employee four
(4) weeks’ notice of the termination of their employment.
46.14 Council
may summarily dismiss an employee without notice for neglect of duty or
misconduct in which case wages will be paid up to the time of dismissal only.
The rights of the Council will not be prejudiced by the fact that the employee
has been given notice of the termination of their employment pursuant to
sub-clause 45.13
In the event of dispute arising over the Council’s
action with regard to summary dismissal, the relevant union will on submission
of a request to that effect in writing be entitled to seek a meeting with the
Council at the earliest practicable date to discuss the matter.
46.15 This
sub-clause will apply to redundant employees as defined in sub-clause 46.1
Nothing contained in this clause will be construed to mean that the Council
will not be entitled to dismiss an employee in the ordinary course of its
business without being required to give the notice mentioned in sub-clause
45.13 and 45.14, or to make the severance payments mentioned in the
relevant subclauses 46.3 or 46.3.
46.16 If
Council fails to give any such notice in full:
(a) it
will pay the employee at the ordinary rate of pay applicable to them for a
period equal to the difference between the full period of notice and the period
of notice actually given; and
(b) the period of notice required by this sub-clause to be given
will be deemed to be service with the Council for the purpose of calculating
long service leave and annual leave entitlements (but not sick leave).
46.17 Where
a decision has been made to terminate an employee due to redundancy, Council
will provide the employee with an "Employment Separation Certificate"
and a statement of service. Furthermore, where 15 or more employees are made
redundant, Council will notify Centrelink as soon as possible, giving the
relevant information including the number and categories of the employees
likely to be affected and the period over which the terminations are intended
to be carried out.
46.18 Subject
to an application by Council and further order of the Industrial Relations
Commission, Council may pay a lesser amount (or no amount) of severance pay
than that contained in the relevant sub-clause 47.3 or 48.3 The Industrial
Relations Commission will have regard to such financial and other resources of
Council as the Commission thinks relevant and the probable effect paying the
amount of severance pay in the relevant sub-clause 47.3 or 48.2 will have on
Council.
46.19 Subject
to an application by Council and further order of the Industrial Relations
Commission, Council may pay a lesser amount of severance pay than that
contained in the relevant sub-clause 47.3 or 48.2 if Council obtains acceptable
alternative employment for an employee.
46.20 Whenever
a redundant employee whose services have been terminated will be re-employed by
the Council, the period of their employment will thereafter be deemed for all
purposes to have commenced on the date of their re-employment.
46.21 A
redundant employee who is a contributor to the Local Government Superannuation
Scheme may anticipate Council’s assistance in completing documentation for
submissions to the Local Government Superannuation Board.
47. Redundancy -
Employees Engaged prior to 21 December 2015
47.1 As
of 16 March 2010 should the need arise to calculate the redundancy entitlements
of aged and community care employees this will be done by referring to the
entitlement identified at clause 47.3 above that being the entitlement as of 16
March 2010 in addition to any further entitlements accrued from 16 March 2010
to the date of the proposed termination in accordance with the table at
subclause 47.3.
47.2 A
redundant employee will be entitled to severance allowances calculated as
follows:
All such redundant employees will receive a minimum of
six weeks’ pay.
All such redundant employees will receive an additional
payment at the rate of three (3) weeks’ pay for each completed year of service,
plus a pro-rata payment for each additional completed month of service. The
number of weeks’ pay due to any such redundant employee in respect of completed
years of service will be:
Completed Year of
Service
|
Scale of Payments
(Weeks)
|
Completed Year of
Service
|
Scale of Payments
(Weeks)
|
1
|
9
|
26
|
84
|
2
|
12
|
27
|
87
|
3
|
15
|
28
|
90
|
4
|
18
|
29
|
93
|
5
|
21
|
30
|
96
|
6
|
24
|
31
|
99
|
7
|
27
|
32
|
102
|
8
|
30
|
33
|
105
|
9
|
33
|
34
|
108
|
10
|
36
|
35
|
111
|
11
|
39
|
36
|
114
|
12
|
42
|
37
|
117
|
13
|
45
|
38
|
120
|
14
|
48
|
39
|
123
|
15
|
51
|
40
|
126
|
16
|
54
|
41
|
129
|
17
|
57
|
42
|
132
|
18
|
60
|
43
|
135
|
19
|
63
|
44
|
138
|
20
|
66
|
45
|
141
|
21
|
69
|
46
|
144
|
22
|
72
|
47
|
147
|
23
|
75
|
48
|
150
|
24
|
78
|
49
|
153
|
25
|
79
|
50
|
156
|
47.3 For
the purposes of this sub-clause "a week’s pay" will be deemed to be the
week’s pay presently used as the basis for calculation of annual leave
entitlements.
47.4 All
such redundant employees will be paid the value of their accrued sick leave
calculated in accordance with the terms of this Award together with the value
of all payments legally due to them in respect of annual leave and/or long
service leave entitlements.
48. Redundancy -
Employees Engaged on or after 21 December 2015
48.1 This
clause applies to all employees whose employment commenced with Council on or
after 21 December 2015 and whose employment has been terminated due to
redundancy.
48.2 In
addition to any required period of notice, and subject to the provisions of clause
46, the employee will be entitled to the following severance payments in
accordance with the table. ‘A week’s pay’ will have the same meaning as in
subclause 47.4 of this Award.
Completed Year of
Service
|
Scale of Payments
|
|
(Weeks)
|
1
|
9
|
2
|
12
|
3
|
15
|
4
|
18
|
5
|
21
|
6
|
24
|
7
|
27
|
8
|
30
|
9
|
33
|
10
|
36
|
11
|
39
|
12
|
42
|
13
|
45
|
14
|
48
|
15
|
51
|
16
|
54
|
17
|
57
|
18
|
60
|
19
|
63
|
20
|
66
|
21
|
69
|
22
|
72
|
23
|
75
|
24
|
78
|
25
|
79
|
26
|
84
|
27
|
87
|
28
|
90
|
29
|
93
|
30
|
96
|
31
|
99
|
32
|
102
|
33
|
105
|
PART 8
MISCELLANEOUS
49. Work, Health
and Safety
49.1 Council
will provide a safe place of work and work practices in accordance with the
provisions of the Workplace Health and Safety Act 2011 (NSW).
49.2 Council
will make appropriate provision for employees with regard to accommodation and
shelter and will satisfy the provisions of the Workplace Health and Safety
Act 2011 (NSW) and Regulations.
49.3 Council
will supply employees with protective clothing and equipment suitable to the
nature of the work performed and the work environment and that will satisfy the
relevant legislation. Safety footwear
and leather boot laces will be replaced by Council on a sharp for blunt basis.
49.4 All
new graders, loaders, backhoes, trucks and rollers will be fitted with air
conditioning where practicable.
49.5 Vehicles
and plant used in the collection, transportation and disposal of waste, tar
patching, patrol grading or like duties will be of high visibility and fitted
with a flashing light or a light visible from all points around the vehicle.
49.6 Council
will provide oil or other suitable solvents to employees for the removal of
creosote, tar, bitumen emulsions or similar preparations.
49.7 Where
any acidic or caustic products are used by employees, adequate facilities will
be provided to enable them to wash any affected areas and an adequate quantity
of barrier cream will be provided.
49.8 Employees
will be supplied cool drinking water throughout the day.
49.9 No
employee will be required to work alone outside of built-up areas without all
available communications to allow continuous contact in all conditions.
49.10 Where
an employee during the course of work, sustains damage to clothing by fire,
molten metal, tar or any corrosive substances which is not attributable to the
employee's negligence, the employee will be compensated by Council to an agreed
amount.
50. Labour Hire and
Contract Businesses
50.1 For
the purposes of this subclause, the following definitions will apply:
(a) A
"labour hire business" is a business (whether an organisation,
business enterprise, company, partnership, co-operative, sole trader, family
trust or unit trust, corporation and/or person) which has as its business
function, or one of its business functions, to supply staff employed or engaged
by it to a council for the purpose of such staff performing work or services
for that other council.
(b) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by a council to
provide a specified service or services or to produce a specific outcome or
result for that council which might otherwise have been carried out by that
council’s own employees.
50.2 If
Council engages a labour hire business and/or a contract business to perform
work wholly or partially on Council’s premises then Council will do the
following (either directly, or through the agency of the labour hire or
contract business):
(a) consult with employees of the labour hire business and/or
contract business regarding the workplace occupational health and safety
consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(d) ensure employees of the labour hire business and/or contract
business are made aware of any risks identified in the workplace and the
procedures to control those risks.
50.3 Nothing
in this sub-clause of the Award is intended to affect or detract from any
obligation or responsibility upon a labour hire business arising under the Work,
Health and Safety Act 2011 or the Workplace Injury Management and
Workers Compensation Act 1998.
50.4 Where
a dispute arises as to the application or implementation of this clause, the
matter will be dealt with pursuant to the disputes settlement procedure of this
award.
50.5 This
clause has no application in respect of organisations which are properly
registered as Group Training Organisations under the Apprenticeship and
Traineeship Act 2001 (or equivalent interstate legislation) and are deemed
by the relevant State Training Authority to comply with the national standards
for Group Training Organisations established by the ANTA Ministerial Council.
51. Outsourcing
51.1 When
considering contracting out or outsourcing, Council will take into account the
following:
(a) Whether
there are insufficient overall resources available to meet the current Council
work commitment and timetable; or
(b) Whether
the failure to complete work in a reasonable time jeopardises the safety of the
public or adversely impacts upon system performance; or
(c) Whether
the use of outsourced or contract work is commercially the most advantageous
option taking into account: the quality, safety, performance, cost and overall
strategic direction of Council.
(d) If
after this process has been conducted a decision to outsource has been made,
the Contractor engaged to perform the work must provide written undertakings to
comply and conform with:
(i) Council’s
safety, environmental and quality standards; and
(ii) all Acts,
Awards and Agreements affecting the employees of the Contractor.
52. Accident Pay
52.1 An
employee of Council will be entitled to receive accident pay where the employee
received an injury for which compensation is payable to the employee pursuant
to the provisions of the Workers’ Compensation Act 1987 (NSW) and/or any
relevant amendments or relevant successor legislation.
52.2 "Accident
pay" means the difference between the weekly amount of compensation paid
to an employee pursuant to the Workers’ Compensation Act 1987 (NSW)
and/or any relevant amendments or relevant successor legislation.
52.3 Accident
pay under these provisions will be payable for a maximum period or an aggregate
of periods as per the table below:
Injury
Classification
|
Maximum Accident
Pay Period
|
Seriously injured
|
26 weeks
|
All other injuries
|
13 weeks
|
"Seriously injured" has the same definition
as contained within section 32A of the Workers’ Compensation Act 1987
(NSW) and/or any relevant amendments or relevant successor legislation.
52.4 In
the event that an employee receives a lump sum in redemption of weekly payments
under the Worker’s Compensation Act 1987 (NSW), the liability of Council
to pay accident pay will cease from the date of such redemption.
52.5 Where
an employee recovers damages for an injury from Council for from a third
independently of the provisions of the Worker’s Compensation Act 1987
(NSW) then the employee will be liable to repay Council the amount of accident
pay which the employee has received under this clause and the liability of the
Council for the accident pay will cease.
52.6 Nothing
in this clause will in any way be taken as restricting or removing Council’s
right under the Worker’s Compensation Act 1987 (NSW) to require the
employee to submit themselves to examination by a qualified medical
practitioner, provided and paid for by Council.
If the employee refuses to submit themselves to such an examination or
in any way obstructs such an examination, then the employee’s right to receive
or continue to receive accident pay will be suspended until such an examination
has taken place.
52.7 Where
a medical referee or Board gives a certificate as to the condition of an
employee and their fitness for employment or specifies the kind of employment
for which they are fit and Council duly makes available to the employee the
kind of employment falling within the terms of such a certificate and the
employee refuses or fails to resume or perform the proposed employment, then
all payments in accordance with this Award will cease and terminate from the
date of such refusal or failure to commence such duties.
52.8 An employee who
sustains an injury at work will notify their supervisor immediately and
complete the relevant injury notification documentation within 24 hours.
53. Further Education
53.1 Apprentices
and employees deemed to be approved students undertaking trades courses or
certificate courses, part-time diploma or degree courses (including librarians)
will be allowed time off to attend during working hours. The entitlement to time off is subject to the
following conditions:
(a) That
period which are allowed will be limited to eight hours per week and will
in no case exceed the lesson time needed to undertake the subjects set down in
the syllabus for the course studied.
(b) A
time sheet signed by the lecturer or the instructor covering these attendances
will be produced by the student.
(c) All courses and awards required for
continuing employment and advancement in career paths are to be paid for by
Council upon successful completion.
53.2 On
the production of a letter from the Principal of the institution concerned
stating that they have satisfactorily completed a year’s work in any subject of
an approved course which is appropriate to their work a clerical employee will
be refunded the fees paid in respect of that year.
53.3 On
the production of a letter from the Principal of the institution concerned
stating that they have satisfactorily completed a year’s work in any subject of
an approved course which is appropriate to their work, and receipts for text
books prescribed for that year’s work, a clerical employee will be paid the
cost of the prescribed text books or fifty dollars ($50.00), whichever is the
lesser amount.
53.4 One
set of the current S.A.A. Wiring Rules will be supplied to all electrical
technicians.
53.5 Where,
with the approval of Council, an employee undertakes a TAFE College, College of
Advanced Education or University Course by correspondence and it is necessary
in order to qualify under such course to undergo practical training or
examination outside Broken Hill, the Council will reimburse travelling expenses
incurred which do not exceed the cost of a first class return rail fare.
54. Multiple
Employment
54.1 Where an employee
is employed in a second position with the employer the second position may, for
all purposes of the Award, be regarded as a separate and distinct employment
engagement from the original employment provided that:
(i) the positions
involve different duties or are in different work function areas; and
(ii) the employee
agreed to the employment in the second position.
Any existing agreements in place prior to 17 May 2018
will continue to operate unless varied by agreement.
PART 9
SAVINGS AND TRANSITIONAL
55. Leave Reserved and
No Further Claims
55.1 Leave
is reserved for the parties to this Award to make application to the Industrial
Relations Commission of New South Wales to amend this Award with provisions
that facilitate:
A seven (7) day spread of hours for all employees;
Junior Rates of pay for persons less than 21 years of
age.
Camping out provisions and allowance
55.2 Except
as otherwise provided in sub-clause 46.1, it is a term of this Award that the
Union undertakes not to pursue any extra claims, Award or over Award, of a
general nature, for the duration of the Award.
55.3 Following any
adjustment to the federal Local Government Industry Award 2010, leave is
reserved for the parties to apply to amend the meal allowance set out in
subclause 14.4 to reflect such adjustment. The relevant adjustment factor for
this purpose is the percentage movement in the index figure published by the
Australian Bureau of Statistics for Eight Capitals, take away and fast food
sub-group (Cat No 6401.0).
PART 10
SCHEDULES
Schedule 1 - Weekly Rates of Pay and Allowances
Table 1 - Weekly Rates of Pay for Entry Level
Grade
|
Step
|
FFPP on or after
1/11/2018
|
FFPP on or after
1/7/2019
|
FFPP on or after
1/7/2020
|
FFPP on or after
1/7/2021
|
|
|
(3%)
|
(2.75%)
|
(2.75%)
|
(2.75%)
|
|
|
$
|
$
|
$
|
$
|
1
|
1
|
1,004.66
|
1,032.29
|
1,060.68
|
1,089.84
|
|
2
|
1,022.77
|
1,050.90
|
1,079.80
|
1,109.49
|
|
3
|
1,041.35
|
1,069.99
|
1,099.41
|
1,129.65
|
|
4
|
1,060.38
|
1,089.54
|
1,119.50
|
1,150.29
|
2
|
1
|
1,030.46
|
1,058.80
|
1,087.91
|
1,117.83
|
|
2
|
1,049.17
|
1,078.02
|
1,107.67
|
1,138.13
|
|
3
|
1,068.36
|
1,097.74
|
1,127.93
|
1,158.95
|
|
4
|
1,088.17
|
1,118.09
|
1,148.84
|
1,180.44
|
3
|
1
|
1,055.93
|
1,084.97
|
1,114.80
|
1,145.46
|
|
2
|
1,075.28
|
1,104.85
|
1,135.23
|
1,166.45
|
|
3
|
1,095.39
|
1,125.51
|
1,156.46
|
1,188.27
|
|
4
|
1,116.48
|
1,147.18
|
1,178.73
|
1,211.15
|
4
|
1
|
1,081.56
|
1,111.30
|
1,141.86
|
1,173.26
|
|
2
|
1,102.05
|
1,132.36
|
1,163.50
|
1,195.49
|
|
3
|
1,123.14
|
1,154.03
|
1,185.76
|
1,218.37
|
|
4
|
1,145.49
|
1,176.99
|
1,209.36
|
1,242.62
|
5
|
1
|
1,111.57
|
1,142.14
|
1,173.55
|
1,205.82
|
|
2
|
1,133.21
|
1,164.37
|
1,196.39
|
1,229.29
|
|
3
|
1,155.98
|
1,187.77
|
1,220.43
|
1,254.00
|
|
4
|
1,179.76
|
1,212.20
|
1,245.54
|
1,279.79
|
6
|
1
|
1,142.38
|
1,173.80
|
1,206.07
|
1,239.24
|
|
2
|
1,165.41
|
1,197.46
|
1,230.39
|
1,264.22
|
|
3
|
1,189.73
|
1,222.45
|
1,256.06
|
1,290.61
|
|
4
|
1,215.02
|
1,248.43
|
1,282.76
|
1,318.04
|
7
|
1
|
1,173.85
|
1,206.13
|
1,239.30
|
1,273.38
|
|
2
|
1,198.35
|
1,231.30
|
1,265.17
|
1,299.96
|
|
3
|
1,224.07
|
1,257.73
|
1,292.32
|
1,327.86
|
|
4
|
1,251.07
|
1,285.47
|
1,320.82
|
1,357.15
|
8
|
1
|
1,214.14
|
1,247.53
|
1,281.84
|
1,317.09
|
|
2
|
1,240.65
|
1,274.77
|
1,309.82
|
1,345.84
|
|
3
|
1,268.39
|
1,303.27
|
1,339.11
|
1,375.94
|
|
4
|
1,297.02
|
1,332.69
|
1,369.34
|
1,406.96
|
9
|
1
|
1,255.94
|
1,290.48
|
1,325.97
|
1,362.43
|
|
2
|
1,284.22
|
1,319.54
|
1,355.82
|
1,393.11
|
|
3
|
1,313.03
|
1,349.14
|
1,386.24
|
1,424.36
|
|
4
|
1,342.77
|
1,379.70
|
1,417.64
|
1,456.62
|
10
|
1
|
1,298.45
|
1,334.16
|
1,370.85
|
1,408.54
|
|
2
|
1,327.81
|
1,364.32
|
1,401.84
|
1,440.39
|
|
3
|
1,357.72
|
1,395.06
|
1,433.42
|
1,472.84
|
|
4
|
1,388.52
|
1,426.70
|
1,465.94
|
1,506.25
|
11
|
1
|
1,369.42
|
1,407.08
|
1,445.77
|
1,485.53
|
|
2
|
1,400.42
|
1,438.93
|
1,478.50
|
1,519.16
|
|
3
|
1,432.27
|
1,471.66
|
1,512.13
|
1,553.71
|
|
4
|
1,464.89
|
1,505.17
|
1,546.57
|
1,589.10
|
12
|
1
|
1,440.40
|
1,480.01
|
1,520.71
|
1,562.53
|
|
2
|
1,473.16
|
1,513.67
|
1,555.30
|
1,598.07
|
|
3
|
1,506.85
|
1,548.29
|
1,590.87
|
1,634.62
|
|
4
|
1,541.25
|
1,583.63
|
1,627.18
|
1,671.93
|
13
|
1
|
1,511.37
|
1,552.93
|
1,595.64
|
1,639.52
|
|
2
|
1,545.95
|
1,588.46
|
1,632.15
|
1,677.03
|
|
3
|
1,581.42
|
1,624.91
|
1,669.59
|
1,715.51
|
|
4
|
1,617.80
|
1,662.29
|
1,708.00
|
1,754.97
|
14
|
1
|
1,582.33
|
1,625.84
|
1,670.55
|
1,716.50
|
|
2
|
1,618.73
|
1,663.25
|
1,708.98
|
1,755.98
|
|
3
|
1,656.00
|
1,701.54
|
1,748.33
|
1,796.41
|
|
4
|
1,694.20
|
1,740.79
|
1,788.66
|
1,837.85
|
15
|
1
|
1,653.31
|
1,698.78
|
1,745.49
|
1,793.49
|
|
2
|
1,691.50
|
1,738.02
|
1,785.81
|
1,834.92
|
|
3
|
1,730.59
|
1,778.18
|
1,827.08
|
1,877.33
|
|
4
|
1,770.57
|
1,819.26
|
1,869.29
|
1,920.70
|
16
|
1
|
1,724.11
|
1,771.52
|
1,820.24
|
1,870.30
|
|
2
|
1,764.07
|
1,812.58
|
1,862.43
|
1,913.64
|
|
3
|
1,804.98
|
1,854.62
|
1,905.62
|
1,958.02
|
|
4
|
1,846.92
|
1,897.71
|
1,949.90
|
2,003.52
|
17
|
1
|
1,830.54
|
1,880.88
|
1,932.60
|
1,985.75
|
|
2
|
1,873.07
|
1,924.58
|
1,977.51
|
2,031.89
|
|
3
|
1,916.85
|
1,969.56
|
2,023.73
|
2,079.38
|
|
4
|
1,961.52
|
2,015.46
|
2,070.89
|
2,127.84
|
|
2
|
1,982.24
|
2,036.75
|
$2,092.76
|
2,150.31
|
|
3
|
2,028.67
|
2,084.46
|
$2,141.78
|
2,200.68
|
|
4
|
2,076.09
|
2,133.18
|
2,191.84
|
2,252.12
|
19
|
1
|
2,043.63
|
2,099.83
|
2,157.58
|
2,216.91
|
|
2
|
2,091.56
|
2,149.08
|
2,208.18
|
2,268.90
|
|
3
|
2,140.55
|
2,199.42
|
$2,259.90
|
2,322.05
|
|
4
|
2,190.98
|
2,251.23
|
$2,313.14
|
2,376.75
|
20
|
1
|
2,149.92
|
2,209.04
|
$2,269.79
|
2,332.21
|
|
2
|
2,200.53
|
2,261.04
|
$2,323.22
|
2,387.11
|
|
3
|
2,252.23
|
2,314.17
|
$2,377.81
|
2,443.20
|
|
4
|
2,305.37
|
2,368.77
|
$2,433.91
|
2,500.84
|
21
|
1
|
2,256.37
|
2,318.42
|
2,382.18
|
2,447.69
|
|
2
|
2,309.51
|
2,373.02
|
2,438.28
|
2,505.33
|
|
3
|
2,364.11
|
2,429.12
|
2,495.92
|
2,564.56
|
|
4
|
2,420.12
|
2,486.67
|
2,555.06
|
2,625.32
|
22
|
1
|
2,362.82
|
2,427.80
|
2,494.56
|
2,563.16
|
|
2
|
2,418.65
|
2,485.16
|
2,553.50
|
2,623.73
|
|
3
|
2,475.95
|
2,544.04
|
2,614.00
|
2,685.88
|
|
4
|
2,534.67
|
2,604.37
|
2,675.99
|
2,749.58
|
23
|
1
|
2,894.94
|
2,974.55
|
3,056.35
|
3,140.40
|
|
2
|
2,964.10
|
3,045.61
|
3,129.37
|
3,215.42
|
|
3
|
3,035.07
|
3,118.53
|
3,204.29
|
3,292.41
|
|
4
|
3,107.69
|
3,193.15
|
3,280.96
|
3,371.19
|
24
|
1
|
3,426.69
|
3,520.92
|
3,617.75
|
3,717.24
|
|
2
|
3,509.18
|
3,605.68
|
3,704.84
|
3,806.72
|
|
3
|
3,593.66
|
3,692.49
|
3,794.03
|
3,898.36
|
|
4
|
3,680.30
|
3,781.51
|
3,885.50
|
3,992.35
|
Table 2- School Based Trainees and Apprentices Weekly
Rate of Pay
Trainees
Band/Level
|
First Pay Period
01/07/19
|
First Pay Period
01/07/20
|
First Pay Period
01/07/21
|
S1 at 15 years of age
|
409.80
|
|
|
S2 at 16 years of age or School Certificate
|
511.40
|
|
|
S3 at 17 years of age
|
601.60
|
|
|
S4 at 18 years of age or over or HSC
|
703.30
|
|
|
Weekly Rates of Pay for Apprentices
|
FFPP on or after
1/07/2018
|
FFPP on or after
1/7/2019
|
FFPP on or after
1/7/2020
|
FFPP on or after
1/7/2021
|
|
|
(2.75%)
|
(2.75%)
|
(2.75%)
|
|
|
$
|
$
|
$
|
Electrical Fitters - Year 1
|
876.36
|
900.46
|
925.22
|
950.67
|
Year 2/HSC Year 1
|
987.08
|
1,014.22
|
1,042.12
|
1,070.77
|
Year 3/HSC Year 2
|
1,097.90
|
1,128.09
|
1,159.11
|
1,190.99
|
Year 4/ HSC Year 3
|
1,217.27
|
1,250.74
|
1,285.14
|
1,320.48
|
HSC Year 4
|
1,347.13
|
1,384.18
|
1,422.24
|
1,461.35
|
Plumbers - Year 1
|
872.30
|
896.29
|
920.94
|
946.26
|
Year 2/HSC Year 1
|
982.14
|
1,009.15
|
1,036.90
|
1,065.42
|
Year 3/HSC Year 2
|
1,091.86
|
1,121.89
|
1,152.74
|
1,184.44
|
Year 4/ HSC Year 3
|
1,209.66
|
1,242.93
|
1,277.11
|
1,312.23
|
HSC Year 4
|
1,337.78
|
1,374.57
|
1,412.37
|
1,451.21
|
Carpenters - Year 1
|
872.30
|
896.29
|
920.94
|
946.26
|
Year 2/HSC Year 1
|
982.14
|
1,009.15
|
1,036.90
|
1,065.42
|
Year 3/HSC Year 2
|
1,091.86
|
1,121.89
|
1,152.74
|
1,184.44
|
Year 4/ HSC Year 3
|
1,209.66
|
1,242.93
|
1,277.11
|
1,312.23
|
HSC Year 4
|
1,337.78
|
1,374.57
|
1,412.37
|
1,451.21
|
Motor Mechanics - Year 1
|
872.82
|
896.82
|
921.49
|
946.83
|
Year 2/HSC Year 1
|
982.65
|
1,009.67
|
1,037.44
|
1,065.97
|
Year 3/HSC Year 2
|
1,092.59
|
1,122.64
|
1,153.51
|
1,185.23
|
Year 4/ HSC Year 3
|
1,210.46
|
1,243.75
|
1,277.95
|
1,313.09
|
HSC Year 4
|
1,338.86
|
1,375.68
|
1,413.51
|
1,452.38
|
Gardeners - Year 1
|
762.29
|
783.25
|
804.79
|
826.92
|
Year 2/HSC Year 1
|
853.67
|
877.15
|
901.27
|
926.05
|
Year 3/HSC Year 2
|
945.04
|
971.03
|
997.73
|
1,025.17
|
Year 4/ HSC Year 3
|
1,036.42
|
1,064.92
|
1,094.21
|
1,124.30
|
HSC Year 4
|
1,129.14
|
1,160.19
|
1,192.10
|
1,224.88
|
Table 3 - Traineeship Wage Rates
Traineeship Wage
Rates
|
FFPP on or after
1/11/2018
|
FFPP on or after
1/7/2019
|
FFPP on or after
1/7/2020
|
FFPP on or after
1/7/2021
|
|
(3%)
|
(2.75%)
|
(2.75%)
|
(2.75%)
|
|
$
|
$
|
$
|
$
|
Year 1
|
903.18
|
928.02
|
953.54
|
979.76
|
Year 2
|
989.76
|
1,016.98
|
1,044.95
|
1,073.68
|
Year 3
|
1,044.43
|
1,073.15
|
1,102.66
|
1,132.99
|
Year 4
|
1,080.95
|
1,110.68
|
1,141.22
|
1,172.60
|
Year 5
|
1,119.20
|
1,149.98
|
1,181.60
|
1,214.10
|
Year 6
|
1,158.74
|
1,190.61
|
1,223.35
|
1,256.99
|
Year 7
|
1,200.20
|
1,233.21
|
1,267.12
|
1,301.96
|
Schedule 2 - Allowances
|
FFPP on or after
1/11/18
|
FFPP on or after
1/7/19
|
FFPP on or after
1/7/20
|
FFPP on or after
1/7/21
|
|
$
|
$
|
$
|
$
|
Meal
Allowance (Clause 14.4)
|
11.79
|
|
|
|
Community
Language and Signing work (clause 21.3)
|
21.59p.w
|
22.13p.w.
|
22.68p.w.
|
23.25p.w
|
First
Aid Allowance (Clause 21.4(c)) p/w
|
18.91p.w
|
19.38p.w.
|
19.87p.w.
|
20.36p.w.
|
Broken
Shift allowance (Clause14.22) per shift
|
6.32p.s
|
6.48p.s.
|
6.64p.s.
|
6.81p.s.
|
On
call - on ordinary working day (Clause 14.13)
|
18.82p.d
|
19.29p.d.
|
19.77p.d.
|
20.27p.d.
|
On
call - on other days, not ordinary working (Clause 14.14)
|
37.63p.d
|
38.57p.d.
|
39.54p.d.
|
40.52p.d.
|
On
call - maximum per week (Clause 14.15)
|
169.37p.w
|
173.60p.w.
|
177.94p.w.
|
182.39p.w.
|
Schedule 3 - Progression Guidelines
The progression rules detailed below have been established
to assist the industry parties to the Broken Hill City Council Consent Award,
regarding the operation of Council Salary Systems. At the local level where significant issues
are identified in relation to the operation of the Salary System the matter
will be referred to Council’s Consultative Committee for consideration and
where appropriate for recommendation to the General Manager for decision. In
the event that a dispute arises the rules detailed below will be used by the
industry parties to assist in the resolution of such disputes.
1. Banding
The appropriate Band for each position will be
determined by reference to the Qualifications and Experience descriptor as
provided by Clause 19, Rates of Pay and Related Matters and clause 20, Skill
Descriptors of the Broken Hill City Council Award.
2. Levelling
and Grades
The Level and Grade of the position will be established
through the evaluation of the position using the Council’s endorsed Job
Evaluation System. This evaluation will occur consistent with the Job
Evaluation Policy as adopted by Council.
Positions will be re-evaluated in the following
circumstances:
If the position is newly created.
If a significant change has occurred in the duties and responsibilities
of the position, which is confirmed by the relevant (Director/Officer).
If an evaluation has been conducted and has resulted in
an apparent anomaly.
Where an existing position has been re-evaluated and
where the outcome is a different grade, such re-evaluation will be referred to
the consultative committee for consideration and the current positions
incumbent will be advised accordingly.
3. Position
Descriptions
The position description identifies the range of
skills, responsibilities, duties and qualifications in order of priority from
the essential criteria to the most desirable.
These criteria are detailed in each of the skills steps
to facilitate the assessment of skill at the time of the salary review, and to
avoid disputes regarding the movement through the skill steps.
Position descriptions will not impose artificial barriers
that will prohibit individual salary progression through the full range of
skill steps.
4. Skills
Assessment
Council will adopt a consistent and objective method
for assessing skills.
An assessment of the skills acquired and used will be
undertaken on an annual basis and in those cases where the employee has
acquired new skills that would lead to progression under the salary system.
New employees will be paid at the Skill Level rate of
pay consistent with the skills they bring to Council. Placement at a Skill Level higher than the
entry level will occur when the new employee meets the required skills for the
position.
5. Salary
Review
Annual salary reviews will require the Manager of the
position to determine whether the employee has acquired and is using the skills
necessary to progress to the next step, or steps.
In the event that there is a dispute between the
employee and the Manager on the outcome of the skills review the assessment
will be referred to an appeal panel. In
the event that the employee does not agree with the decision of the appeal
panel the matter will be referred to the Director. The employee may have access to the grievance
and disputes procedure at any point of the appeal process.
6. Other
matters relating to the Implementation of the Salary System.
(a) Training
Employees will be provided with reasonable and equitable
access to the training which will facilitate progression.
(b) Allowances
- (Former Award Allowances Only)
Except where allowances have been incorporated into
rates of pay, award allowances will be paid in addition to the rates
established within the salary ranges.
(c) Council’s
Budget
Council will in considering the budget each year ensure
that the skill progression detailed in these rules is properly funded and that
employees will move through the skill steps based assessment against the
criteria detailed in the position descriptions.
(d) Award
Variations
The Grades and Salary Steps, as contained within the
salary structure of the salary system will be increased by the same quantum and
be operative from the same date as variations in the Broken Hill City Council
Award.
(e) Dispute
Procedure
Disputes which arise through the operation of Council’s
Salary System will be handled consistent with Clause 44, Dispute Resolution
Procedures, of the Broken Hill City Council Award.
(f) Publication
Copies of the Salary System will be published by
Council and made available to all employees.
The published document will contain copies of the current salary
structure and the progression rules.
Each individual will be provided with a copy of their Position
Description.
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.