Local Government (COVID-19) Splinter (Interim) Award 2022

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(Case No. 191047 of 2022)

 

 

VARIATION

 

1.        Delete clause 14, No Useful Work of the award published 6 May 2022 (391 I.G. 981), and insert in lieu thereof the following:

 

14.  No Useful Work

 

14.1    This clause applies to permanent full-time employees and permanent part-time employees only.

 

14.2    Where, due to COVID-19, the employer has no useful work for employees, the employer may temporarily stand down (or partially stand down) the employees, subject to the following:

 

Stage 1 - Paid COVID-19 Special Leave, up to four (4) weeks

 

14.3    Subject to subclause 14.4, an employee who is stood down (or partially stood down) under subclause 14.2 shall be entitled to paid COVID-19 special leave at their salary system rate of pay for four (4) weeks or until the employer is able to provide the employee with useful work, whichever occurs first.

 

14.4    Effective from the operative date of the Award applying to the employer the amount of paid COVID-19 special leave that an employee is entitled to receive under subclause 14.3 may be absorbed by up to two (2) weeks of paid special leave already received by the employee from the employer in relation to COVID-19 since 8 April 2022.

 

Example:   Susan is a swimming school instructor.   Arising from a State Government Health Order, the pool where Susan works was required to close.  As a result, Susan’s employer was unable to provide her with useful work and provided her with two (2) weeks paid special leave in May 2022 (after 8 April 2022).   No suitable alternative duties are available, and the employer has now decided to temporarily stand Susan down.   As Susan has already received two (2) weeks paid special leave in relation to COVID-19 since 8 April 2022, she is entitled to two (2) weeks paid COVID-19 special leave (instead of four (4) weeks paid COVID-19 special leave).

 

14.5    Paid COVID-19 special leave under subclauses 14.3 and 14.4 may be taken:

 

(a)       in one continuous period; or

 

(b)      two or more separate periods.

 

14.6    Where an employee is only partially stood down (i.e. working reduced hours or reduced days) paid COVID-19 special leave shall be calculated on a pro-rata basis and is only payable on the hours that the employee is stood down from work.

 

14.7    Employees may be recalled back to work by the employer during paid COVID-19 special leave by the giving 24 hours’ notice or such shorter period of notice as may be agreed.

 

14.8    Part-time employees shall be entitled to paid COVID-19 special leave on a pro-rata basis according to the regular number of hours worked.

 

14.9    Paid COVID-19 special leave shall be regarded as service for the purposes of computing entitlements under the LG (State) Award.  Paid COVID-19 special leave shall also be regarded as ordinary time earnings (OTE) for the purposes of superannuation guarantee contributions. 

 

2.        This variation shall take effect on and from 8 July 2022.

 

 

 

D. SLOAN, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.