Local
Government (State) Award 2010
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South Wales
Local Government, Clerical, Administrative, Energy, Airlines & Utilities
Union, Industrial Organisation of Employees.
(No. IRC 778 of 2011)
|
Before Commissioner
Bishop
|
16 August 2011
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VARIATION
1. Delete paragraph
(v) of subclause A, General, of clause 18 Overtime, of the award published 31
December 2010 (370 I.G. 648), and insert in lieu thereof the following:
(v) An employee
(other than a casual) who:
(a) works four or
more hours overtime after the completion of an ordinary shift and does not
receive ten (10) consecutive hours off duty in the fourteen (14) hours
immediately preceding the commencement of their next ordinary shift, or
(b) works overtime
after the completion of two consecutive ordinary shifts without receiving ten
(10) consecutive hours off duty,
shall be released after the completion of such overtime
until they have had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
If an employee is instructed to resume work without
receiving the ten consecutive hours off duty, the employee shall be paid at
double ordinary rates until released from duty and then shall be entitled to a
ten hour break without loss of pay.
2. Insert after
subparagraph (b) of paragraph (i) of subclause D, Long Service Leave, of clause
20, Leave Provisions the following new paragraph (ii), and renumber the
subsequent paragraphs accordingly:
(ii)
(a) An employee who
is entitled to long service leave may, with the consent of 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 entitlements 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 shall be as follows:
(1) a period of
leave of full pay - the number of days so taken; or
(2) a period of
leave of 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 shall not be disadvantaged
nor obtain a windfall gain in relation to superannuation contributions.
3. Delete
subparagraph (a) and (b) from the renumbered paragraph (iii) of subclause D of
clause 20, and insert in lieu thereof the following:
(a) Long Service
leave shall be taken at a time mutually convenient to the council and employee,
and should be in minimum periods of one week, provided that all long service
leave accruing on or after 23 June 1998 shall be taken within five years of it
falling due.
(b) Payment to an
employee proceeding on long service leave shall be made by council at the
employee's ordinary rate of pay calculated according to how the leave is taken
(i.e. either full, half or double pay), either before the commencement of the
employee's long service leave, or by agreement through the usual pay periods.
4. Delete the renumbered
paragraph (viii) of subclause D of clause 20 and insert in lieu thereof the
following:
(viii) A council
which has received under subclause (vii) of this clause a monetary equivalent
of long service leave entitlement to cover an employee's period of service with
a previously employing council(s) shall if the employee subsequently leaves the
service of that employing council to seek employment outside New South Wales
Local Government before a long service leave entitlement has become due, refund
to such previously employing council(s) the amount paid.
5. Delete the
renumbered paragraph (ix) of subclause D of clause 20 and insert in lieu
thereof the following:
(ix) Long service
leave shall be exclusive of annual leave and any other holidays as prescribed
by clause 19, Holidays of this Award, occurring during the taking of any period
of long service leave, provided that where a public holiday falls during a
period where the employee has taken long service leave on half pay, the public
holiday shall also be paid at half pay.
6. Delete
subparagraph (b) of paragraph (i) of subclause G, Paid Parental Leave of clause
20, and insert in lieu thereof the following:
(b) Parental leave
make-up pay shall 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 shall be deemed to be the average weekly number of
ordinary hours working during the 12 month period.
7. Delete
paragraph (ii) Eligibility, of subclause G, of clause 20, and insert in lieu
thereof the following:
(ii) Eligibility
This clause shall 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.
8. Delete
subparagraph (b) of paragraph (iii) of subclause G of clause 20, and insert in
lieu thereof the following:
(b) The period of
parental leave make-up pay shall 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.
For the avoidance of doubt, superannuation is
calculated on the full parental leave payment (i.e. the employee’s ordinary
rate of pay inclusive of PPL instalments).
9. Delete subparagraph
(a) of paragraph (iv) of subclause G of clause 20, and insert in lieu thereof
the following:
(a) An employee who
satisfies the eligibility criteria for paid maternity leave or paid special
maternity leave under Clause 19F, Paid Maternity Leave, of the Local Government
(State) Award 2007, may elect to receive paid maternity leave and/or paid
special maternity leave (9 weeks full pay or 18 weeks half pay) in accordance
with the provisions of the Local Government (State) Award 2010 in lieu of the
entitlement to parental leave make-up pay under this Award, provided that the
re-qualification period in subclause (iii) above shall apply.
10. This variation
shall take effect on and from 16 August 2011.
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.