Crown Employees (Audit Office) Award 2009

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 204 of 2012)

 

 

REVIEWED AWARD

 

ARRANGEMENT

 

PART A

 

Clause No.       Subject Matter

 

1.        Title

2.        Definitions

3.        Statement of Intent

4.        Parties

5.        Basis of Employment and Remuneration

6.        Transition Arrangements

7.        Annual Remuneration Assessment - Audit Professionals Levels B and C, Corporate Professionals A, B and C, Corporate Administrative Levels 1 to 4

8.        Performance Management

9.        Flexible Work Practices

10.      Overtime

11.      Travel Time and Expenses

12.      Study Support

13.      Anti-Discrimination

14.      Industrial Dispute Settlement Procedure

15.      Deduction of Association Membership Fees

16.      Secure Employment

17.      Area, Incidence and Duration

 

 

 

PART B

 

Table 1 - Remuneration Bands

Table 2 - Audit Professional Level A Pay Points

 

Annexure 1 - Progression in Audit Professional Level a, Levels 1 - 4 Financial Audit  Progression in Audit Professional Level A, Levels 1 - 4 Performance Audit

 

Annexure 2 - Competency Zones, Competency Zone Guidelines and Definitions and Minimum Remuneration Levels

 

Annexure 3 - Other Flexible Work Practices

Annexure 4 - Conditions of Employment

 

PART A

 

1.  Title

 

This Award shall be known as Crown Employees (Audit Office) Award 2009.

 

2.  Definitions

 

"Act" means the Public Sector Employment and Management Act 2002.

 

"Accumulation" means the accrual of leave or time. In respect of weekly study time accumulation means the aggregation of short periods of weekly study time which is granted for private study purposes.

 

"Agreement" means an agreement referred to in section 131 of the Act or an agreement as defined in the Industrial Relations Act 1996.

 

"Approved post graduate studies" means studies undertaken by an Audit Professional Level A, Level 2 to 4 Performance Audit employee, who already holds an undergraduate qualification. Approval rests with the Deputy Auditor-General and will be granted on the basis of relevance to the employee’s role, current and future, and the perceived return on the investment for the Audit Office.

 

"Association" means the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales.

 

"Auditor-General" refers to the person appointed to the position of Auditor-General as specified by the Public Finance and Audit Act 1983.

 

"Audit Office" means The Audit Office of New South Wales, a statutory authority established under the Public Finance and Audit Act 1983.

 

"Award" means an award as defined in the Industrial Relations Act 1996.

 

"Birth" means the birth of a child and includes stillbirth.

 

"Business Unit Leader" means an employee whose responsibility is to lead a Business Unit of the Audit Office as determined by the Auditor-General.

 

"Casual Employee" means any employee engaged to carry out work: that is irregular or intermittent, or to be undertaken on a short-term basis in a part of the Audit Office with a flexible workload, or in a position for a short period pending the completion of the selection process for the position, or that is urgent work or to deal with an emergency.

 

"Classification" means a group of roles with common remuneration arrangements.

 

"Commission" means the New South Wales Industrial Relations Commission.

 

"Competency Zones" means the structure that will apply within each remuneration band for Audit Professional employees, Corporate Professional employees and Corporate Administration employees.

 

"Continuous Service" means service as defined by Schedule 3A of the Public Sector Employment and Management Act 2002 and relevant sections of the NSW Government Personnel Handbook.

 

"Contract hours" for the day for a full time employee, means one fifth of the full time ordinary working hours, as defined in Part A, Clause 9.1.(a) of this award.  For a part time employee, contract hours for the day means the hours usually worked on the day.

 

"Corporate Professional" means employees who are employed at Corporate Professional Levels A, B or C.

 

"Corporate Administrative" means employees who are employed at Corporate Administrative Levels 1 to 4

 

"Daily rate" or "Rate per day" means the rate payable for 24 hours, unless otherwise specified.

 

"Day worker" means an employee who works the ordinary working hours as defined in Part A, Clause 9.1(a).

 

"Deputy Auditor-General" refers to the person appointed to the position of Deputy Auditor-General as specified by the Public Finance and Audit Act 1983.

 

"Employee" means a person permanently or temporarily employed either as a full time or part time employee, in any capacity under the provisions of this Award, and includes a person on probation.

 

"Expected date of birth" in relation to an employee who is pregnant, means a date specified by her medical practitioner to be the date on which the medical practitioner expects the employee to give birth as a result of the pregnancy.

 

"Extended leave" means extended (long service) leave to which an employee is entitled under the provisions of Schedule 3 to the Public Sector Employment and Management Act 2002, as amended from time to time.

 

"Full pay or half pay" means the employee’s ordinary rate of pay or half the ordinary rate of pay respectively.

 

"Full-time employee" means an employee whose contract hours are equivalent to the full-time contract hours for the classification.

 

"Half day" means half the contract hours for the day.

 

"Headquarters" means place of employment as defined in Part A, Clause 11.1(b)

 

"Industrial action" means industrial action as defined in the Industrial Relations Act 1996.

 

"Local holiday" means a holiday which applies to a particular township or district of the State and which is not a public holiday throughout the State.

 

"Market Benchmarking" means the regular independent process of reviewing remuneration levels for each classification against market information from similar levels in the relevant market.

 

"Normal work" means, for the purposes of Part A, Clause 14, the work carried out in accordance with the employee’s position or job description at the time the grievance or dispute was notified by the employee.

 

"On duty" means the time required to be worked for the Audit Office. For the purposes of Annexure 4, Clause 53, Trade Union Activities Regarded as On Duty, on duty means the time off with pay given by the Audit Office to the Association delegate to enable the Association delegate to carry out legitimate Association activities during ordinary work hours without being required to lodge an application for leave.

 

"On loan" means an arrangement between the Audit Office and the Association where an employee is given leave of absence from the workplace to take up employment with the employee’s Association for a specified period of time during which the Association is required to reimburse the Audit Office for the employee’s salary and associated on-costs.

 

"Ordinary hourly rate of pay" means the hourly equivalent of the annual rate of pay of the classification calculated using the formula set out in Annexure 4, clause 12, Casual Employment.

 

"Overtime" is defined in Part A, Clause 10.3.

 

"Pay Points" means incremental remuneration levels within the Audit Professional Level A remuneration bands.

 

"Part-time position" means a designated part-time position and, unless otherwise specified, includes any position which is filled on a part-time basis.

 

"Part-time employee" means an employee whose contract hours are less than the full-time hours.

 

"Percentile" means a point within a remuneration band expressed as a percentage of that band.

 

"Professional qualifications" means full membership of the Institute of Chartered Accountants in Australia or CPA Australia or, for Performance Audit employees, appropriate agreed equivalent qualifications.

 

"Public holiday" means a day proclaimed under the Public Holidays Act 2010, as a bank or a public holiday. This definition does not include a Saturday which is such a holiday by virtue of section 4 of that Act, and 1 August or such other day that is a bank holiday instead of 1 August.

 

"Recall to duty" means those occasions when an employee is directed to return to duty outside the employee’s bandwidth.

 

"Relief employee" means a person employed on a temporary basis to provide relief in a position until the return from authorised leave of the substantive occupant or in a vacant position until it is filled substantively.

 

"Remuneration" means Total Employment Cost (TEC) which is expressed as the total of base pay, superannuation guarantee contribution and annual leave loading.

 

"Remuneration Assessment" means the process for determining remuneration levels for individual employees on a basis that fairly reflects their performance and contribution.

 

"Remuneration Band" means the range of remuneration between the minimum and maximum levels for a particular classification.

 

"Remuneration Committee" means a committee established by the Auditor-General to assess annual remuneration recommendations.

 

"Residence", in relation to an employee, means their ordinary and permanent place of abode.

 

"Role" means the title given to groups of employees having similar responsibilities and accountabilities.

 

"Role Responsibilities" means the list of responsibilities and accountabilities attributed to each role.

 

"Replacement role" means a role identified in Part A, Clause 5.6, as a Corporate Administrative role that, on the resignation or promotion of the employee filling that role at the date of registration of this award, is replaced by an equivalent role governed by this award.

 

"Seasonal employee" means a person employed on a temporary basis for less than three months to meet seasonal demands which cannot be met by employees already employed by the Audit Office and which, because of their seasonal nature, do not justify employment of employees on a long-term basis.

 

"Secondment" means an arrangement agreed to by the Audit Office, the employee and another public service Department, a public sector organisation or a private sector organisation which enables the employee to work in such other organisation for an agreed period of time and under conditions agreed to prior to the commencement of the period of secondment. Secondments under section 86 of the Act are also to comply with the Commentary and Guidelines on Staff Mobility (temporary staff transfers - section 86 and temporary assignment - section 88) and Cross-Agency Employment (section 100) Public Sector Employment and Management Act 2002.

 

"Service" means continuous service for remuneration purposes.

 

"Standby" means an instruction given by the Business Unit Leader to an employee to be available for immediate contact in case of an authorised call-out requiring the performance of duties.

 

"Study Time" means the time allowed off from normal duties on full pay to an employee who is studying for a professional qualification or for an approved post graduate qualification.

 

"Supervisor" means the immediate supervisor or manager of the area in which an employee is employed or any other employee authorised by the Business Unit Leader to fulfil the role of a supervisor or manager.

 

"Temporary work location" means place of work as defined by Part A, Clause 11.1(a) or for country travel and the employee temporarily performs official duty away from "Place of Employment" as defined in Part A, Clause 11.1(b).

 

"Trade Union or Union" means a registered trade union, as defined in the Industrial Relations Act 1996.

 

"Trade Union Delegate" means an accredited Association delegate responsible for his/her workplace; and/or a person who is elected by the Association as its representative, an executive member or a member of the Association's Council.

 

"Trade Union Official" means a person who is employed by the Association to carry out duties of an official in a permanent or temporary capacity, including elected full-time officials and/or employees placed on loan to the Association for an agreed period of time.

 

"Transition" means the processes involved in moving from positions and classifications immediately prior to the commencement of the Crown Employees (Audit Office) 2004 Award or the Crown Employees (Audit Office) 2008 Award to those positions and classifications described in this Award.

 

"Transition remuneration" means remuneration as at 1 January 2005.

 

"Undergraduate studies" means, as a minimum, a standard accounting degree recognised by the  Institute of Chartered Accountants in Australia or CPA Australia, for acceptance into their student program for progression towards a professional qualification as defined by this Award.

 

"Workplace" means the whole of the organisation or, as the case may be, a branch or section of the organisation in which the employee is employed.

 

"Workplace Management" means the Auditor-General or any other person authorised by the Auditor-General to assume responsibility for the conduct and effective, efficient and economical management of the functions and activities of the organisation or part of the organisation.

 

3.  Statement of Intent

 

The purpose of the Award is to provide a framework that allows the Audit Office to meet its specific business needs as well as the needs of its employees. It also enables those employees to be appropriately rewarded for their contribution and provides flexibility in their employment arrangements and conditions.  The Award was developed using a co-operative and consultative approach to negotiations by the parties.

 

4.  Parties

 

The parties to this Award are:

 

The Audit Office of New South Wales

 

Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales on behalf of the employees of The Audit Office of New South Wales.

 

5.  Basis of Employment and Remuneration

 

5.1      Basis of Employment

 

(a)      The employment of Audit Office employees is subject to Section 33B of the Public Finance and Audit Act 1983. Consequently they are appointed at the discretion of the Auditor-General.

 

(b)      It is the intention of the parties to this award that the Audit Office’s recruitment policy will indicate the steps to be taken to determine the availability of skills, expertise or experience within the Audit Office prior to the initiation of any external recruitment. Appointment to a position at the Audit Office will involve a three month probationary period or such period as the Auditor-General directs. The probationary period applies to all employees.

 

(c)      Subject to Section 33B of the Public Finance and Audit Act 1983, the Auditor-General will, wherever possible, follow the management practices relating to termination and dismissal prescribed in legislation that affects NSW employers.

 

(d)      A temporary employee may be directly appointed to a permanent position if the employee has filled that position for two years on a temporary basis and was initially recruited under merit selection.

 

(e)      Resignation - two weeks notice in writing is required unless the Audit Office agrees to a lesser period of notice.

 

(f)       Termination of employment- two weeks notice shall be given to an employee, or, in lieu of notice, the Audit Office may grant payment in lieu.

 

5.2      Basis for Calculating Remuneration

 

The basis for calculating remuneration for employees in the Audit Office is Total Employment Cost (TEC). TEC is expressed as the total of base pay, Superannuation Guarantee Contribution and annual leave loading.

 

For employees in defined benefit superannuation funds the Superannuation Guarantee Contribution component will be deducted from TEC to determine salary, and the current employer superannuation contribution requirements will continue to be made as required.

 

5.3      Broad Remuneration Bands

 

(a)      This Award prescribes the remuneration bands for Audit Professional employees, Corporate Professional employees and Corporate Administrative employees  in Part B, Tables 1 and 2.

 

(b)      Market benchmarking is used to inform the determination of remuneration bands for each classification in Part B, Tables 1 and 2.

 

5.4      Variations to Remuneration Bands

 

(a)      From the beginning of the first pay period to commence on or after 1 July 2009, the remuneration bands are set out in Part B, Tables 1 and 2

 

(b)      From the beginning of the first pay period to commence on or after 1 July 2010, the remuneration bands are set out in Part B, Tables 1 and 2

 

(c)      From the beginning of the first pay period to commence on or after 1 July 2011, the remuneration bands will be determined by applying an increase of the greater of :

 

3.5% OR

 

The percentage increase negotiated by the Association and included in the Crown Employees Public Sector Salaries Award, relevant to the first pay period to commence on or after 1 July 2011.

 

(d)      The relationship between the Audit Office (Crown Employees) Award 2009 and the Crown Employees Public Sector Salaries Award does not extend beyond the end of the duration of this award as defined in Part A, Clause 17.7.

 

5.5      Appointment and Progression

 

(a)      Audit Professional Levels B and C, Corporate Professional Levels A, B and C and Corporate Administrative Levels 1 to 4, may be appointed at any point within the relevant remuneration band depending on experience, skills and the remuneration necessary to attract them to the position.

 

(b)      Appointment to Audit Professional Levels B and C is dependent on satisfactory completion of their professional qualifications or approved post graduate studies.

 

(c)      This Award prescribes the appointment and progression criteria for Audit Professional Level A at Annexure 1.

 

(d)      School Leavers will normally be appointed to Auditor Professional Level A, Level 1, Pay Point 1, as set out in Table 2 and will progress as described in Annexure 1. However the Auditor-General may appoint auditors at any pay point dependent on their qualifications, skills and experience.

 

(e)      Graduates will normally be appointed to Auditor Professional Level A, Level 2, Pay Point 1 as set out in Table 2 and will progress as described in Annexure 1. However the Auditor-General may appoint auditors at any pay point dependent on their qualifications, skills and experience.

 

(f)       The Auditor-General may determine the commencing remuneration for new Graduates within the band spanning Auditor Professional Level A, Level 2, Pay Point 1 to Auditor Professional Level A, Level 2, Pay Point 2.

 

5.6      Corporate Administrative Employees

 

(a)      Corporate Administrative employees are those who, who at the time this Award is registered are employed, classified and graded for remuneration purposes in accordance with the Crown Employees (Administrative and Clerical Officers - Salaries) Award 2007.

 

(b)      Corporate Administrative employees will continue to be employed under the conditions set out in Part A, Clause 5.6 (a) until Part A, Clause 5.6 (c) occurs.

 

(c)      As each role classified and graded for remuneration purposes in accordance with the Crown Employees (Administrative and Clerical Officers - Salaries) Award 2007 at the commencement of this award, falls vacant due to resignation or promotion, that role will be replaced with an equivalent role under this award. This equivalent role is defined as a "replacement role".

 

(d)      Remuneration bands for the replacement roles are set out in Part B, Table 1.

 

6.  Transition Arrangements

 

6.1      General

 

This section describes all transition arrangements.

 

6.2      Transition Remuneration

 

(a)      Subject to satisfactory performance, employees whose transition remuneration at the commencement of the Crown Employees (Audit Office) Award 2004 was higher than the 45th percentile of the relevant remuneration band were guaranteed a minimum remuneration for 6 years from the date of their appointment. This is calculated as their transition remuneration plus a percentage increase each 1 July until 2010. The increase will be the movement in the relevant remuneration band less 0.5% (e.g. if the remuneration band is increased by 4%, the guaranteed increase will be 3.5%). This clause ceases to apply following remuneration band movements dated 1 July 2010. Remuneration band movements following that date will be applied consistently with all other staff.

 

(b)      State Fleet based motor vehicle packaging arrangements will cease for all employees currently in receipt of those arrangements at the next expiry date of their current lease.

 

(c)      Those Audit Seniors who were appointed at their transition remuneration level above the Audit Professional Level A, Level 4, Pay Point 3 at the commencement of the Crown Employees (Audit Office) Award 2004, and who are not assessed as "proficient" or "advanced" will continue to receive the same level of remuneration as at the transition date, increased annually by the equivalent of the adjustment of the remuneration band.

 

6.3      Progression

 

Employees formerly designated Project Clerks who transitioned to Auditor under the Crown Employees (Audit Office) Award 2004 will not be required to complete a degree to progress to Audit Professional Level A, Level 4.

 

7.  Annual Remuneration Assessment - Audit Professionals Levels B and C, Corporate Professionals Levels a, B and C, Corporate Administrative Levels 1 to 4

 

7.1      General

 

(a)      Remuneration for these employees will be determined annually based on assessed contribution in accordance with the competency zones and minimum guaranteed pay levels set out in Annexure 2.

 

(b)      Determinations resulting from the annual remuneration assessment will have the same effective date as the annual changes to the remuneration bands i.e. effective first pay period to commence in July each year. Remuneration determinations will be expressed in terms of a percentile of the relevant remuneration band and will be applied to the adjusted dollar range of the remuneration bands.

 

(c)      The remuneration of all Audit Professional Levels B and C, Corporate Professional Levels A, B and C and Corporate Administrative Levels 1 to 4 will at least be maintained at the same level at each annual remuneration assessment except where:

 

1.        an employee’s performance has been assessed as "unsatisfactory" and a formal process for managing unsatisfactory performance results in a recommendation to reduce remuneration. In these circumstances the reduction may not be below the minimum guaranteed levels set out in Annexure 2; or

 

2.        an employee is initially assessed at a percentile rate in the Superior or Expert zone, but the next assessment does not support or does not fully support that assessment.

 

(d)      In the circumstance where an employee is initially assessed at a percentile rate in the Superior or Expert zone, the following applies:

 

Superior

 

When an employee is first assessed as "superior" (as defined in Annexure 2), the employee’s remuneration will be set at the maximum of the competent zone and the balance paid as an allowance for the first 12 months.  If the Superior assessment is confirmed at the next annual remuneration assessment (which may be higher or lower than the first "superior" assessment), the employee’s remuneration will be confirmed at the level of the second assessment.

 

If the assessment at the second remuneration assessment is below the superior zone, then the employee’s remuneration will be set at the maximum of the competent zone and will be maintained at that level.

 

Expert

 

When an employee is first assessed as "expert" (as defined in Annexure 2), the employee’s remuneration will be set at the maximum of the superior zone and the balance paid as an allowance for the first 12 months.  If the Expert assessment is confirmed at the next annual remuneration assessment (which may be higher or lower than the first "expert" assessment) the employee’s remuneration will be confirmed at the level of the second assessment.

 

If the assessment at the second remuneration assessment is below the Expert zone, then the employee’s remuneration will be set at the maximum of the superior zone and will be maintained at that level.

 

(e)      Other than the exceptions described in Part A, Clause 7.1 (c) and (d), if an employee is assessed at a percentile lower than their current level and that would result in a reduction in remuneration, they will continue to be paid at the same dollar level until such time as the remuneration for their assessed percentile exceeds their remuneration in dollars through movement of the remuneration bands or the annual remuneration assessment process.

 

(f)       During an Annual Remuneration Assessment, remuneration will be reviewed but will not necessarily be increased as a result of such review.

 

(g)      The remuneration assessment process will include the following elements:

 

1.        The assessment will be conducted within business guidelines issued by the Audit Office from time to time.

 

2.        Recommendations will be prepared by Business Unit Leaders based on a range of inputs, which will include, but will not be limited to, performance reviews and advice from other senior employees. Other considerations will include potential for development, specialist skills or knowledge and contribution to Audit Office objectives. Guidelines current at the date of this Award are included in Annexure 2.

 

3.        Business Unit Leaders within a Branch will review all recommendations for their Branch and forward them to the next level of management for review.

 

4.        A Remuneration Committee will review and consider the recommendations on remuneration for individuals and forward these to the Auditor-General for approval.

 

7.2      Review of Assessment

 

If an employee has any concern with the outcome of their remuneration assessment, they may, in the first instance, discuss their concerns with their Business Unit Leader. If that discussion does not resolve their concerns, they may then seek advice from the Executive Manager, Human Resources or a more senior member of the Audit Office executive. If, following those discussions, their concerns are not satisfied, they may initiate a formal process of review by written request to the Executive Manager, Human Resources. The formal process will include review by a panel including, where requested, Association representation. The panel will make recommendations for consideration by the Auditor-General.

 

8.  Performance Management

 

The Performance Review and Development process is integral to and supports the annual remuneration assessment process. Full details of the Audit Office Performance Review and Development process are set out in a number of documents which are maintained and reviewed regularly by the Audit Office for appropriateness and ability to deliver organisation objectives. All process documents are freely available to employees on the Audit Office intranet.

 

9.  Flexible Work Practices

 

All flexible work practices will be subject to approval, as set out in the relevant policies and delegations manuals.

 

The parties to this award are committed to fostering flexible work practices with the intention of providing greater flexibility in dealing with workloads, work deadlines and the balance between work and family life. All parties are committed to managing time worked to prevent any forfeiture of credit hours accumulated under a Flexible Working Hours arrangement.

 

9.1      Flexible Working Hours

 

(a)      Ordinary Working Hours - full-time ordinary working hours shall be 35 hours per week, Monday to Friday.

 

(b)      Settlement period - the settlement period shall be one calendar month.

 

(c)      Flex Contract Hours - the contract hours for a settlement period shall be calculated by multiplying the available working days and public holidays by 7.

 

(d)      Flex Year - the Flex Year is 1 January to 31 December.

 

(e)      Bandwidth - the bandwidth shall be between the hours of 6am and 10pm

 

(f)       Coretime - employees must work a minimum of 3.5 consecutive hours (excluding meal breaks) between 9am and 5pm.

 

(g)      Attendance - a maximum of 10 hours per day can be worked as flex time. An employee's attendance outside the hours of a standard day, but within the bandwidth, shall be subject to the availability of work. Employees may be asked to leave work at the expiry of 7 hours. Time of attendance at work is always subject to the needs of the Audit Office and the agreement of the employee’s manager.

 

(h)      Flex Leave - can be taken in multiples of half days. Flex leave may only be taken with the approval of the employee’s manager. Up to 2 days flex leave can be taken per settlement period and may be taken consecutively, but cannot be combined with flex leave from another settlement period, except:

 

1.        For employees other than Financial Audit employees, where up to 5 consecutive days flex leave may be taken in each half of the flex year, but cannot be combined.

 

2.        For Financial Audit employees, where up to 5 consecutive days flex leave may be taken between 1 January and 30 June, and any carry over of up to 10 days (70 hours) at 31 October must be taken as flex leave (consecutive or otherwise) between 1 November and 31 December.

 

(i)       A maximum of 24 flex days can be taken per flex year. During designated busy periods, employees may take flex leave only with the approval of their manager. Designated busy periods are:

 

1.        Financial Audit - 1 July to 31 October and 1 February to 30 April.

 

2.        Other areas of the Audit Office - where flex leave is restricted by fluctuating busy periods, Business Unit Leaders will determine these periods for their respective areas.

 

(j)       Carry Over:

 

1.        A maximum credit carry over of 70 hours to the next settlement period within a flex year applies to all employees except Financial Audit employees as per Clause 9.1(j) 2.

 

2.        Credit hours are to be cleared by 31 December each year with a maximum carry over of 10 hours to the new flex year except for:

 

Financial Audit employees can carry over 105 hours during the period 1 July to 31 December. Where the carry over is more than 70 hours at 31 October, the hours above 70 and up to 105 may also be taken as flex leave by close of business 31 December. Where this is not practical those hours will be carried over to the new flex year (this carry over includes the 10 hours for all employees, however will not exceed 35 hours).

 

(k)      The maximum debit carry over is 10 hours at all times.

 

(l)       Where the debit exceeds 10 hours, the excess will be debited as leave without pay, unless the employee elects to be granted available recreation or extended leave to offset the excess.

 

(m)     Meal breaks - there will be a minimum meal break of 30 minutes in every 5 hour period of continuous work. There is no maximum period for a meal break. Employees should consult with their manager in the taking of meal breaks.

 

(n)      The employee and their manager must develop a strategy to ensure that accumulated Flex Leave is monitored and taken in accordance with these arrangements and not forfeited.

 

(o)      Completion of Flex Sheets

 

1.        Employees are required to return their monthly flex sheets to their manager for approval no later than one week following the end of the settlement period to which they relate.

 

2.        Managers are obliged to return approved flex sheets to the Remuneration and Conditions Manager no later than two weeks following the end of the settlement period to which they relate.

 

3.        A Manager will refuse to approve flex leave if flex sheets are not up to date and in agreement with the practice management system.

 

4.        A Manager will not approve flex taken in conjunction with other forms of leave, unless the appropriate form is submitted in advance of the leave.

 

9.2      Other Flexible Work Practices

 

The options available for other flexible work practices are detailed in Annexure 3.

 

10.  Overtime

 

10.1    Employees may be directed to work overtime, but this must be pre-approved as delegated by the Auditor-General.

 

10.2    An employee may be directed by the Audit Office to work overtime, provided it is reasonable for the employee to be required to do so. An employee may refuse to work overtime in circumstances where to do so would result in the employee working unreasonable hours.  In determining what is unreasonable, the following factors shall be taken into account:

 

(a)      The employee’s prior commitments outside the workplace, particularly the employee’s family and carer responsibilities, community obligations or study arrangements

 

(b)      Any risk to an employee’s health and safety

 

(c)      The urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services

 

(d)      The notice (if any) given by the Audit Office regarding the working of the overtime, and by the employee of their intention to refuse overtime or

 

(e)      Any other relevant matter.

 

10.3    Overtime will apply when employees are directed to work:

 

(a)      More than 8 hours on a working day, or

 

(b)      Before 7.30am or beyond 7pm on a working day, or

 

(c)      On a weekend or public holiday.

 

10.4    All overtime will be credited as time in lieu as follows:

 

(a)      In the case of employees up to and including Audit Professional Level B, Corporate Professional Level A, and Corporate Administrative Levels 1 to 4, in accordance with overtime conditions as set out from time to time in Annexure 4.

 

(b)      For employees above those levels, at the rate of time and one half.

 

10.5    Time in lieu of overtime must be taken within 3 months of accrual as a general rule.  This time limit may be extended during designated busy periods within the Flex Time arrangements, on a basis consistent with any extended settlement period for Flex Time. Any request to extend the time limit must be made prior to the three month expiry period.

 

10.6    Cash payment for overtime credited as time in lieu may be made at the discretion of the Audit Office where circumstances warrant. Business Unit Leader approval is required.

 

10.7    Payment for overtime credited as time in lieu will be calculated as remuneration less the 9% superannuation component. At all remuneration levels the rate for calculating payments will be capped at the 45th percentile of the remuneration band for the Audit Professional Level B classification less the 9% superannuation component.

 

10.8    Rates - Overtime shall be paid at the following rates:

 

(a)      Weekdays (Monday to Friday inclusive) - at the rate of time and one-half for the first two hours and at the rate of double time thereafter for all directed overtime worked outside the outside the bandwidth

 

(b)      Saturday - All overtime worked on a Saturday at the rate of time and one-half for the first two hours and at the rate of double time thereafter

 

(c)      Sundays - All overtime worked on a Sunday at the rate of double time

 

(d)      Public Holidays - All overtime worked on a public holiday at the rate of double time and one half.

 

10.9    An employee who works overtime on a Saturday, Sunday or public holiday shall be paid a minimum payment as for three (3) hours work at the appropriate rate.

 

10.10   Rest Periods

 

(a)      An employee who works overtime shall be entitled to be absent until eight (8) consecutive hours have elapsed.

 

(b)      Where an employee, at the direction of the supervisor, resumes or continues work without having had eight (8) consecutive hours off duty then such employee shall be paid at the appropriate overtime rate until released from duty. The employee shall then be entitled to eight (8) consecutive hours off duty and shall be paid for the ordinary working time occurring during the absence.

 

11.  Travel Time and Expenses

 

11.1    Excess Travel

 

(a)      Place of Work

 

"Place of work" means the Greater Metropolitan Area defined by a boundary drawn from: to the north, from Broken Bay by the boundary created by the Hawkesbury River to Windsor; to the west, from Windsor by the boundary created by the Nepean River to Camden; to the east, directly across to Campbelltown, then across to the southern boundary of the Royal National Park and Port Hacking.

 

(b)      Place of Employment

 

"Place of Employment" means 1 Margaret Street, Sydney.

 

(c)      Travel time

 

Travel time from home to "place of work" does not form part of working hours. However, excess travel time may be included in working hours where the time spent travelling to and from home and "place of work" in a 5 day working week exceeds 2.5 hours more than the time it would normally take to travel to and from home and "place of employment". The amount exceeding 2.5 hours will be deemed to be excess travel and may be treated as working hours.

 

11.2    Travel Expenses

 

The Audit Office will reimburse employees for expenses incurred in travel to and from "place of work" to the extent that those expenses exceed their usual cost of travel by public transport between home and their "place of employment".

 

11.3    Country Travel

 

Travel outside of the Greater Metropolitan Area, where overnight accommodation is approved, shall be paid in accordance with the rates as set out from time to time in Annexure 4.

 

11.4    Excess Travelling Time

 

An employee directed by the Audit Office to travel on official business outside the usual hours of duty to perform duty at a location other than their place of employment will, at the Audit Office’s discretion, be compensated for such time either by:

 

(a)      Payment calculated in accordance with the provisions contained in Part A Clause 11, or

 

(b)      If it is operationally convenient, by taking equivalent time off in lieu to be granted for excess time spent in travelling on official business.   Such time in lieu must be taken within 1 month of accrual unless otherwise authorised by the employee’s manager.

 

11.5    Compensation under paragraphs 11.4(a) and 11.4(b) of this clause shall be subject to the following conditions:

 

(a)      On a non-working day, subject to the provisions of paragraphs 11.6(d), 11.6(e), 11.6(f) and 11.6(g) of this clause, all time spent travelling on official business;

 

(b)      On a working day, subject to the provisions of subclause 11.6 of this clause, all time spent travelling on official business outside the contract hours ,

 

provided the period for which compensation is being sought is more than a half an hour on any one day.

 

11.6    Compensation for excess travelling time shall exclude the following:

 

(a)      Time from 11.00 p.m. on one day to 7.30 a.m. on the following day if sleeping facilities have been provided

 

(b)      Travel not undertaken by the most practical available route and by the most practical and economic means of transport

 

(c)      Working on board ship where meals and accommodation are provided

 

(d)      Any travel undertaken by an employee whose salary includes an all incidents of employment component

 

(e)      Time within the flex time bandwidth

 

(f)       Travel overseas.

 

11.7    Compensation

 

(a)      Time off in lieu or payment for excess travelling time or waiting time will not granted or made for more than eight hours in any period of 24 consecutive hours.

 

(b)      Payment for travelling time calculated in terms of this clause shall be at the employee’s ordinary rate of pay on an hourly basis calculated as follows:

 

Annual salary	X	5	X	1
1		260.89		Normal hours of work

 

(c)      The rate of payment for travel or waiting time on a non-working day shall be the same as that applying to a working day.

 

(d)      Employees whose salary is in excess of the maximum rate for Clerk, Grade 5 shall be paid travelling time or waiting time calculated at the maximum rate for Clerk, Grade 5 plus $1.00 per annum, as adjusted from time to time.

 

11.8    Waiting Time

 

When an employee travelling on official business is required to wait for transport in order to commence a journey to another location or to return home or headquarters and such time is outside the normal hours of duty, the waiting time shall be treated and compensated for in the same manner as excess travelling time pursuant to Part A Clause 11.6.

 

12.  Study Support

 

12.1    The Audit Office is committed to providing study support for employees undertaking tertiary courses, postgraduate degrees and professional qualifications relevant to its business.

 

12.2    The granting of all study support is discretionary.

 

12.3    The Audit Office is also committed to providing specific study support programs for school leavers to complete an initial degree in accounting and those entering at graduate level to complete professional qualifications with the Institute of Chartered Accountants in Australia or CPA Australia.

 

12.4    Details of support offered are set out in a number of Audit Office policy documents available on the Office intranet.

 

13.  Anti-Discrimination

 

13.1    It is the intention of the parties bound by this Award to achieve the objectives set out 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.

 

13.2    It follows that in fulfilling their obligations under the dispute resolution procedures prescribed in 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 this Award that, by its terms or operation, has a direct or indirect discriminatory effect.

 

13.3    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.

 

13.4    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 remuneration 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.

 

13.5    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.

 

13.6    Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

13.7    Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

14.  Industrial Dispute Settlement Procedure

 

14.1    All grievances and disputes relating to the provisions of this award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority, if required.

 

14.2    An employee is required to notify their immediate manager in writing, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

14.3    Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti Discrimination Act 1977) that makes it impractical for the employee to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, directly to the Auditor-General or delegate.

 

14.4    The immediate manager, or the person notified, shall convene a meeting in order to resolve the grievance, dispute or difficulty as soon as practicable, of the matter being brought to attention.

 

14.5    If the matter remains unresolved with the immediate manager, the employee may request to meet the appropriate person at the next level of management in order to resolve the matter.  This manager shall respond as soon as practicable.  This sequence of reference to successive levels of management may be pursued by the employee until the matter is referred to the Auditor-General.

 

14.6    If the matter remains unresolved, the Auditor-General shall provide a written response to the employee and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

14.7    An employee, at any stage, may request representation by their Association.

 

14.8    The employee or the Association on their behalf or the Auditor-General may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

14.9    The employee, the Association and the Audit Office shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

14.10   Whilst the procedures outlined in subclauses 14.1 to 14.10 of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties. In a case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any employee or member of the public.

 

15.  Deduction of Association Membership Fees

 

15.1    The Association shall provide the Audit Office with a schedule setting out Association fortnightly membership fees payable by members of the Association in accordance with the Association's rules.

 

15.2    The Association shall advise the Audit Office of any change to the amount of fortnightly membership fees made under its rules.  Any variation to the schedule of Association fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

15.3    Subject to subclauses 15.1 and 15.2 above, the Audit Office shall deduct Association fortnightly membership fees from the remuneration of any employee who is a member of the Association in accordance with the Association's rules, provided that the employee has authorised the Audit Office to make such deductions.

 

15.4    Monies so deducted from employee's remuneration shall be forwarded regularly to the Association together with all necessary information to enable the Association to reconcile and credit subscriptions to employees' Association membership accounts.

 

15.5    Unless other arrangements are agreed to by the Audit Office and the Association, all Association membership fees shall be deducted on a fortnightly basis.

 

15.6    Where an employee has already authorised the deduction of Association membership fees from his or her remuneration prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

16.  Secure Employment

 

16.1    Objective of this Clause

 

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

 

16.2    Casual Conversion

 

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

 

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

 

(c)      Any casual employee who has a right to elect under paragraph 16.2(a), upon receiving notice under paragraph 16.2(b) or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the Audit Office that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the Audit Office shall consent to or refuse the election, but shall not unreasonably so refuse. Where the Audit Office refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

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

 

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

 

(f)       If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with paragraph 16.2(c), the Audit Office and employee shall, in accordance with this paragraph, and subject to paragraph 16.2(c), discuss and agree upon:

 

(1)      whether the employee will convert to full-time or part-time employment, and

 

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

 

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

 

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

 

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

 

16.3    Occupational Health and Safety

 

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

 

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

 

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

 

(b)      Where the Audit Office engages a labour hire business and/or a contract business to perform work wholly or partially on its premises it shall do the following (either directly, or through the agency of the labour hire or contract business):

 

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

 

(2)      provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely

 

(3)      provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to Audit Office employees, and

 

(4)      ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

(c)      Nothing in this subclause 16.3 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.

 

16.4    Disputes Regarding the Application of this clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the Grievance and Dispute Settling Procedures set out in Part A, Clause 14 of this Award.

 

16.5    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 Australian National Training Authority Ministerial Council.

 

17.  Area, Incidence and Duration

 

17.1    The purpose of this Award is to partially regulate the terms and conditions of employment of employees appointed to positions covered by the classifications in Annexure 1.

 

17.2    Other terms and conditions, except as provided for within this Award, shall be those set out in Annexure 4, Audit Office Conditions of Employment.

 

17.3    The terms and conditions provided for within this Award take precedence over Audit Office published policies. Where neither this Award nor an Audit Office published policy provides guidance reference will be made to the NSW Government Personnel Handbook.

 

17.4    If, during the currency of this award, the Crown Employees (Public Service Conditions of Employment) Award 2009, is amended or varied, a meeting of the Audit Office Award Negotiation Team will take place to review, discuss and make recommendations to the Auditor-General and the Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales, about whether those amendments and variations should be adopted as an amendment or variation to Annexure 4. The meeting, its composition, negotiations and decision making process, will be governed by its Charter dated 10 March 2009 or subsequent versions of that Charter amended with the approval of the Award Negotiation Team.

 

17.5    Negotiations for the next award will commence at least six months prior to the expiry of this award.

 

17.6    This award rescinds and replaces the Crown Employees (Audit Office) Award 2008 published 31 December 2010 (370 I.G. 580).

 

17.7    The changes made to the award .pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359). take effect on and from 20 April 2012.

 

PART B

 

Table 1 - Remuneration Bands

 

Effective from the beginning of the first pay period to commence on or after 1 July 2009

 

	1 July 2009 to		1 July 2010 to		1 July 2011 to
	30 June 2010		30 June 2011		30 June 2012
Classifications	Minimum	Maximum	Minimum	Maximum
	$	$	$	$	$	$
Audit Professional	31,562	80,989	32,824	84,229	33,973	87,177
Level A
Audit Professional	76,225	113,593	79,274	118,137	82,049	122,272
Level B
Audit Professional	107,190	150,566	111,478	156,589	115,380	162,070
Level C
Corporate	76,596	107,364	79,660	111,659	82,448	115,567
Professional Level
A
Corporate	92,153	142,746	95,839	148,456	99,193	153,652
Professional Level
B
Corporate	136,438	165,927	141,896	172,564	146,862	178,604
Professional Level
C
Corporate	35,500	44,500	36,920	46,280	38,212	47,900
Administrative
Level 1
Corporate	42,600	53,700	44,304	55,848	45,855	57,803
Administrative
Level 2
Corporate	51,300	65,600	53,352	68,224	55,219	70,612
Administrative
Level 3
Corporate	62,600	79,300	65,104	82,472	67,383	85,359
Administrative
Level 4

 

Table 2 - Audit Professional Level A Pay Points

 

1 July 2009 to 30 June 2010
	Pay Point 1	Pay Point 2	Pay Point 3	Pay Point 4	Pay Point 5
	$	$	$	$	$
Level 1	31,562	34,062	38,112	44,067
Level 2	48,831	52,999
Level 3	57,168	61,932	66,696
Level 4	69,078	72,651	76,225	78,605	80,989
1 July 2010 to 30 June 2011
	Pay Point 1	Pay Point 2	Pay Point 3	Pay Point 4	Pay Point 5
	$	$	$	$	$
Level 1	32,824	35,424	39,636	45,830
Level 2	50,784	55,119
Level 3	59,455	64,409	69,364
Level 4	71,841	75,557	79,274	81,749	84,229
1 July 2011 to 30 June 2012
	Pay Point 1	Pay Point 2	Pay Point 3	Pay Point 4	Pay Point 5
	$	$	$	$	$
Level 1	33,973	36,664	41,023	47,434
Level 2	52,561	57,048
Level 3	61,356	66,663	71,792
Level 4	74,355	78,201	82,049	84,610	87,177

 

Auditors who are full members of the ICAA or CPAA are entitled to additional remuneration of $1,000 per annum. Performance Auditors who have completed an approved post graduate qualification relevant to their role are entitled to additional remuneration of $1,000 per annum.

 

Annexure 1

 

Progression within Audit Professional Level A, Levels 1 - 4 Financial Audit

 

Progression Within Level
Audit Professional  Level	Audit Professional	Audit Professional Level		Audit Professional
A, Level 1	Level A, Level 2	A, Level 3		Level A, Level 4
School leavers	Graduates	Commence on		Commence
commence on the	commence on Audit	Audit Professional Level		Audit Professional
minimum remuneration	Professional Level A,	A, Level 3, Pay Point 1		Level
of Audit Professional	Level 2, Pay Point 1			A, Level 4, Pay Point 1
Level A,  Level 1, Pay		After 12 months		After 12 months
Point 1	After 12 months	progress within Audit		progress within Audit
	confirm or reject	Professional Level A,		Professional Level A,
After 6 months	permanent appointment	Level 3 Pay Points  if		Level 4 Pay Points,
from commencement	of Graduates.	progression to Audit		subject to assessment,
school leavers progress to		Professional Level 4 is		which will consider
Audit Professional Level	Appoint to	not achieved		progress in their
A,  Level 1, Pay Point 2	Audit Professional			professional
	Level			qualifications (school
	A,  Level 2, Pay Point 2	After this, can		leavers must have
After 12 months	if progression to Audit	progress within the Pay		commenced studies to
from commencement	Professional Level A,	Points range of Audit		progress within the Pay
confirm or reject	Level 3 is not achieved.	Professional Level A,		Points); achievement
permanent appointment.		Level 3, subject to		of competencies as
If confirmed progress to		satisfactory work		evidenced by
Audit Professional Level		performance as		performance reviews;
A,  Level 1, Pay Point 3		evidenced by		completion of
		performance reviews		Learning &
After 18 months		and study progress		Development
from commencement				requirements,
school leavers progress to				and contribution to
the maximum				Audit Office objectives
remuneration of Audit
Professional Level A,
Level 1, Pay Point 4
Progression to Next Level
Audit Professional  Level	Audit Professional Level	Audit Professional	Audit Professional
A, Level 1	A, Level 2	Level A, Level 3	Level A, Level 4
School leavers	Graduates -	Graduates -	Progression
progress to Audit	progress to Audit	Progress to Audit	from Audit
Professional Level A,	Professional Level A,	Professional Level A,	Professional Level A,
Level 2, Pay Point 1 after	Level 3, Pay Point 1	Level 4, Pay Point 1	Level 4 or other Pay
initial 24 months, subject	subject to satisfactory	subject to assessment,	Points within Level A,
to satisfactory	work performance as	which will consider	to Audit Professional
performance in work as	evidenced by	progress towards their	Level B will not take
evidenced by	performance reviews and	professional	place unless the
performance reviews and	satisfactory progress	qualifications;	employee has fully
progress with their	towards their	achievement of	completed their
undergraduate studies.	professional	competencies as	professional
	qualifications.	evidenced by	qualifications.
	School leavers -	performance reviews;
	progress to Audit	completion of
	Professional Level A,	Learning
	Level 3, Pay Point 1	& Development
	subject to satisfactory	requirements, and
	work performance as	contribution to Audit
	evidenced by	Office objectives.
	performance reviews and	School leavers -
	progress with their	progress to Audit
	undergraduate studies.	Professional Level A,
		Level 4, Pay Point 1
		subject to completion
		of their undergraduate
		studies, and
		satisfactory work
		performance as
		evidenced by
		performance reviews.

 

Progression in Audit Professional Level A, Levels 1 - 4 Performance Audit

 

Progression Within Level
Audit Professional		Audit Professional	Audit Professional			Audit Professional
Level A, Level 1		Level A, Level 2	Level A, Level 3			Level A, Level 4
		Graduates	Commence on			Commence
Not applicable -		commence on Audit	Audit Professional			Audit Professional
no Performance Audit		Professional Level A,	Level A, Level 3,			Level A, Level 4,
staff appointed as school		Level 2, Pay Point 1	Pay Point 1			Pay Point 1
leavers.		After 12 months	After 12 months			After 12 months
		confirm or reject	progress within Audit			progress within
		permanent appointment	Professional Level A,			Audit
		of Graduates.	Level 3 Pay Points  if			Professional Level A,
		Appoint to Audit	progression to Auditor			Level 4 Pay Points,
		Professional Level	Level 4 is not achieved			subject to assessment,
		A, Level 2, Pay Point 2	After this, can progress			which will consider
		if progression to Auditor	within the Pay			progress in performance
		Level 3 is not achieved.	Points range of Audit			reviews and satisfactory
			Professional Level A,			progress in formal or
			Level 3, subject to			informal approved post
			satisfactory work			graduate studies
			performance as			relevant to the
			evidenced by			graduate’s professional
			performance reviews			discipline;
			and satisfactory			achievement of
			progress in formal or			competencies as
			informal approved post			evidenced by
			graduate studies relevant			performance reviews;
			to the graduate’s			completion of Learning
			professional discipline.			& Development
						requirements, and
						contribution to Audit
						Office objectives
Progression to Next Level
Audit Professional  Level	Audit Professional			Audit Professional Level	Audit
					Professional
A, Level 1	Level A, Level 2			A, Level 3	Level A, Level 4
	Graduates -			Graduates -	Progression from
Not applicable -	progress to Audit			Progress to Audit	Audit
					Professional
no Performance Audit	Professional Level A,			Professional Level A,	Level A, Level 4
staff appointed as	Level 3, Pay Point 1			Level 4, Pay Point 1	or other Pay
school leavers.	subject to satisfactory			subject to assessment,	Points within
	work performance as			which will consider	Level A, to Audit
	evidenced by			progress in formal or	Professional
	performance reviews			informal approved post	Level B will not
	and satisfactory			graduate studies relevant	take place unless
	progress in formal or			to the graduate’s	the employee has
	informal approved post			professional discipline;	fully completed
	graduate studies			achievement of	their professional
	relevant to the			competencies as	qualifications.
	graduate’s professional			evidenced by
	discipline.			performance reviews;
				completion of Learning
				& Development
				requirements, and
				contribution to Audit
				Office objectives.

 

Annexure 2

 

Remuneration Competency Zones, Competency Zone Guidelines and Definitions and Minimum Remuneration Levels

 

Remuneration Competency Zones

 

Title	Zone	% of Range
Expert/Role Model	Zone 5	86-100
Superior Role Performance	Zone 4	66-85
Competent Role Performance	Zone 3	26-65
Developing Skills	Zone 2	11-25
Entry Level	Zone 1	0-10

 

Minimum Remuneration Levels

 

Where an assessed competency level is lower than the minimum guaranteed levels of remuneration set out below, for Audit Professional Levels B and C, Corporate Professional Levels A and B and Corporate Administration Levels 1 to 4 the minimum level is payable:

 

After 1 Year	-	minimum percentile 15% of remuneration band
After 2 Years	-	minimum percentile 25% of remuneration band
After 3 Years	-	minimum percentile 35% of remuneration band
After 4 years	-	minimum percentile 45% of remuneration band

 

Competency zones, expressed in percentiles of the remuneration band, will be set at the beginning of each three-year period and will not be altered during the life of the Award. When a remuneration band is adjusted, the Competency Zone Percentiles will be applied to the new remuneration band.

 

Remuneration Competency Zone Definitions

 

Zone	Title	Description
5	Expert/Role Model	Highly capable, consistently outstanding performance, Highly
		experienced. Acts independently.  Role model and advisor to peers,
		exceptional leadership qualities displayed. Highly promotable - working
		beyond position requirements. Plays a leadership role in enhancing and
		building commitment to the Audit Office values and culture internally
		and externally.
4	Superior Role	Capable in all respects.  Required additional training and qualifications
	Performance	completed. Highly developed skills and experience, critical to the
		business. Consistently superior performance. Meets unusual challenges
		and demands. Acts independently. May be ready for promotion. Role
		model and advisor to peers. Provides technical and other advice to less
		experienced peers. Proactive contribution to the development of Audit
		Office values internally and externally.
		.
3	Competent Role	Required competencies possessed and demonstrated. Fully qualified and
	Performance	capable of undertaking the role. Has experience in role. Capable of
		independently performing role responsibilities. Consistently meets
		performance requirements. Well developed technical skills. Role model
		and advisor to peers. Consistent supporter of the Audit Office values
		internally and externally.
2	Developing Skills	Key competencies developed and demonstrated but noticeable gaps in
		competencies. Performance and experience adequate but capable of
		improvement ie there are noticeable performance limitations.  Not yet
		independently performing role responsibilities. Capacity exists for
		improvement to better support Audit Office values.
1	Entry Level	Recent appointee. Learning to perform role responsibilities -
		inexperienced or unproven. Meets qualification requirements only.
		Promotion not an option. Independently performing role responsibilities.
		Personal behaviour and communications not yet consistent with Audit
		Office values.

 

Remuneration Competency Zone Guidelines

 

Performance is about how an employee actually fulfils expectations for the role over the year, and relates less to expectations of their ability to deliver. 

 

Indicators are:

 

Consistency - is the level of performance consistent across the role responsibilities, or are there gaps or variations in the level of performance?

 

Sustained performance - Is the level of performance consistent over time (this is a longer term view of performance)?

 

Achievement of all aspects of the role responsibilities - how do they deliver against all of the defined role attributes, and are they actively seeking to improve in areas where delivery is not meeting expectations?

 

What differentiates one employee from another, such as their drive, desire and success in delivering outcomes; this needs to take account of variations in ability to deliver, which may be experience or development related.

 

Capability is essentially the "ability to do". It is an assessment of how well the employee can handle the needs of the job.

 

In determining levels of capability, the following are considered:

 

The depth and breadth of capability required to keep the job on track (time and budget) and delivering quality outcomes.

 

What the employee is doing to maintain or improve themselves.

 

The skills and behaviours of the employee as they relate to the job itself.

 

The level of capability that the employee has developed and attempts to bring to the role, irrespective of whether the role itself presents opportunities to use the full range of skills and behaviours

 

Experience isn’t simply the length of time someone has been doing a job. This can be a factor in determining whether an employee has had broad enough exposure to a range of responsibilities and activities, but it’s more the extent the employee has experienced and dealt-with the complexities of this position. It’s important to consider:

 

The range of jobs; size, complexity, and scope of projects and audits; project management of multiple or complex audits; breadth and depth of jobs managed; range of industry experience and specialised industry knowledge.

 

Achievement of role responsibilities and reaching expected outcomes, anticipating and managing risks, conflicts, competing demands, impediments, and changes.

 

Demonstrating the competencies of the role for their level of expertise, or even showing levels of proficiency beyond the role.

 

Experience-seeking - do they proactively seek activities or projects that will help them broaden their experience?

 

Promotability encompasses indicators of the employee’s ability to step up to the next level of challenge, in both attitude and capability. The extent to which they can demonstrate their ability to "step up" to the next level may depend on the opportunities given to them by their Supervisors, so it’s important to think about delegation and development in advance.

 

In determining promotability, the following are considered:

 

The employee’s capability and willingness to take on more responsibility than they currently have - do they welcome challenges? Can they adapt to changing situations? Are they prepared to make decisions?

 

The extent to which the employee is a self starter who consistently seeks greater challenges.

 

The extent to which the employee pursues learning and development activities - are they constantly trying new processes and tools, and taking ownership of their own development?

 

Are they accountable for their own ideas and activities, and confident in their own decision-making?

 

The extent to which the employee challenges ways of doing things and develops new approaches

 

Ability to work independently relates closely to an employee’s ability to learn and grow, and to take responsibility for his or her own deliverables. It’s essential that Managers and Supervisors can trust employees, and not have to check or guide them through the same issues time and again.

 

In determining the employee’s level of independence, the following will be considered:

 

The level at which an employee needs to be monitored, guided, and directed - this has to be weighed against their desire to learn and grow, and needs to reflect whether the guidance is regularly covering the same ground, and the level of respect shown for the Manager’s priorities.

 

The extent to which the Manager and employee agree tasks and deadlines up front, and whether the employee subsequently meets or manages in a way that keeps the Manager  well-informed.

 

The extent to which the employee learns new skills or learns from experience.

 

Role model and advisor to peers goes beyond aspects of technical excellence; it encompasses all key aspects of the role, and reflects more on the employee’s maturity and engagement, to the extent their attitude and abilities set examples for others.

 

In determining to what extent an employee acts as a role model, the following will be considered:

 

The influence the employee has over peers - for expertise, situational knowledge, approachability, mentorship (formal or informal), attitude, etc.

 

The extent to which peers seek and value specific advice or more general coaching.

 

The extent of the employee’s external profile, if working in a capacity where this is required.

 

The employee’s profile within the Office.

 

What would clients say about this employee’s level of professionalism, service, and work ethic.

 

Annexure 3

 

Other Flexible Work Practices

 

Flexible work practices available to employees, subject to approval are:

 

(a)      Working weekends and public holidays at employee’s request, will be compensated with time off during the week on an hour for hour basis (not at overtime rates).

 

(b)      Compressed working week or working fortnight arrangements. Such arrangements would include 35 hours in 4 days (average 8.75 hours per day) or 70 hours in 9 days (average 7.77 hours per day).

 

(c)      Term Working for specific periods during the year (not restricted to school terms). Remuneration will be averaged (annualised over the full period) so that the employee is paid the same amount every fortnight throughout the year.

 

(d)      Deferred Remuneration. For instance, an employee who works for 4 years and takes the 5th year off will receive the deferred portion of their first 4 years annual remuneration in the 5th year.

 

(e)      Working from home on a temporary or ad hoc basis for a maximum of 12 days per annum. Permanent or longer term working from home arrangements will be subject to the Business Unit Leader’s approval and meeting occupational health & safety requirements.

 

(f)       Job share and part time work.

 

(g)      Leave without pay. Such requests will be considered on a case-by-case basis.

 

(h)      Career Break Scheme for up to 3 years maximum.

 

Annexure 4

 

Audit Office Conditions of Employment

 

The conditions of employment in Annexure 4 have been selected from the Crown Employees (Public Service Conditions of Employment) Award 2009 as it exists at the date of making this award. The clause titles are the same, although the clause wording has been adjusted to refer to the Auditor-General, The Audit Office and employees.

 

Clause No.       Subject Matter

 

PART 1

 

Section 1 - Framework

 

1.1      Work Environment

1.2      Occupational Health and Safety

1.3      Equality in employment

1.4      Harassment-free Workplace

 

Section 2 - Attendance/Hours of Work

 

2.1      Casual Employment

2.2      Part-Time Employment

2.3      Natural Emergencies and Major Transport Disruptions

2.4      Public Holidays

2.5      Lactation Breaks

 

Section 3 - Travel Arrangements

 

3.1      Travelling Compensation

3.2      Meal Expenses on One-Day Journeys

3.3      Restrictions on Payment of Travelling Allowances

3.4      Increase or Reduction in Payment of Travelling Allowances

3.5      Production of Receipts

3.6      Travelling Distance

 

Section 4 - Allowances and other matters

 

4.1      Allowance Payable for Use of Private Motor Vehicle

4.2      Damage to Private Motor Vehicle Used for Work

4.3      Overseas Travel

4.4      Semi-Official Telephones

4.5      Compensation for Damage to or Loss of Employees’ Personal Property

4.6      First Aid Allowance

4.7      Review of Allowances Payable in Terms of This Award

 

Section 5 - Union Consultation, Access and Activities

 

5.1      Trade Union Activities Regarded as On Duty

5.2      Trade Union Activities Regarded as Special Leave

5.3      Trade Union Training Courses

5.4      Conditions Applying to On Loan Arrangements

5.5      Period of Notice for Trade Union Activities

5.6      Access to Facilities by Trade Union Delegates

5.7      Responsibilities of the Trade Union Delegate

5.8      Responsibilities of the Trade Union

5.9      Responsibilities of Workplace Management

5.10    Right of Entry Provisions

5.11    Travelling and Other Costs of Trade Union Delegates

5.12    Industrial Action

5.13    Consultation and Technological Change

 

Section 6 - Leave

 

6.1      Leave - General Provisions

6.2      Absence from Work

6.3      Applying for Leave

6.4      Extended Leave

6.5      Family and Community Service Leave

6.6      Leave Without Pay

6.7      Military Leave

6.8      Observance of Essential Religious or Cultural Obligations

6.9      Parental Leave

6.10    Purchased Leave

6.11    Recreation Leave

6.12    Sick Leave

6.13    Sick Leave - Requirements for Evidence of Illness

6.14    Sick Leave to Care for a Family Member

6.15    Sick Leave - Workers Compensation

6.16    Sick Leave - Claims Other Than Workers Compensation

6.17    Special Leave

6.18    Leave for Matters Arising from Domestic Violence

 

Section 7 - Training and Professional Development

 

7.1      Staff Development and Training Activities

 

Section 8 - Shift Work and Overtime

 

8.1      Recall to Duty

8.2      On-Call (Stand-By) and On-Call Allowance

8.3      Overtime Meal Breaks

8.4      Overtime Meal Allowances

8.5      Provision of Transport in Conjunction with Working of Overtime

 

Section 9 - Miscellaneous

 

9.1      Existing Entitlements

 

PART 2

 

MONETARY RATES

 

Table 1 - Allowances

 

SECTION 1 - FRAMEWORK

 

1.1.  Work Environment

 

1.2      Occupational Health and Safety - The parties to this award are committed to achieving and maintaining accident-free and healthy workplaces in the Audit Office by:

 

1.2.1   the development of policies and guidelines for the Audit Office on Occupational Health, Safety and Rehabilitation;

 

1.2.2   assisting to achieve the objectives of the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011 by establishing agreed Occupational Health and Safety consultative arrangements in the Audit Office to identify and implement safe systems of work, safe work practices, working environments and appropriate risk management strategies; and to determine the level of responsibility within the Audit Office to achieve these objectives;

 

1.2.3   identifying training strategies for employees, as appropriate, to assist in the recognition, elimination or control of workplace hazards and the prevention of work related injury and illness;

 

1.2.4   developing strategies to assist the rehabilitation of injured employees;

 

1.2.5   directly involving the appropriate Business Unit Leader in the provisions of paragraphs 1.2.1 to 1.2.4 inclusive of this subclause.

 

1.3      Equality in employment - The Audit Office is committed to the achievement of equality in employment and the award has been drafted to reflect this commitment.

 

1.4      Harassment-free Workplace - Harassment on the grounds of sex, race, marital status, physical or mental disability, sexual preference, transgender, age or responsibilities as a carer is unlawful in terms of the Anti-Discrimination Act 1977. Management and employees of the Audit Office are required to refrain from, or being party to, any form of harassment in the workplace.

 

SECTION 2 - ATTENDANCE/HOURS OF WORK

 

2.1.  Casual Employment

 

Application - This clause will only apply to those employees whose conditions of employment are not otherwise included in another industrial instrument.

 

2.1.1   Hours of Work

 

2.1.1.1           A casual employee is engaged and paid on an hourly basis.

 

2.1.1.2           A casual employee will be engaged and paid for a minimum of 3 consecutive hours for each day worked.

 

2.1.1.3           A casual employee shall not work more than 9 consecutive hours per day (exclusive of meal breaks) without the payment of overtime for such time in excess of 9 hours, except where longer periods are permitted under another award or local agreement, covering the particular class of work or are required by the usual work pattern of the position.

 

2.1.2   Rate of Pay

 

2.1.2.1           Casual employee shall be paid the ordinary hourly rate of pay calculated by the following formula for the hours worked per day:

 

Annual salary divided by 52.17857 divided by the ordinary weekly hours of the classification.

 

2.1.2.2           Casual employees shall be paid a loading on the appropriate ordinary hourly rate of pay of:

 

15% for work performed on Mondays to Fridays (inclusive)

 

50% for work performed on Saturdays

 

75% for work performed on Sundays

 

150% for work performed on public holidays.

 

2.1.2.3           Casual employees shall also receive a 1/12th loading in lieu of annual leave.

 

2.1.2.4           The loadings specified in paragraph 2.1.2.2 of this subclause are in recognition of the casual nature of the employment and compensate the employee for all leave, other than annual leave and long service leave, and all incidence of employment, except overtime.

 

2.1.3   Overtime

 

2.1.3.1           Casual employees shall be paid overtime for work performed:

 

(a)      In excess of 9 consecutive hours (excluding meal breaks) except where longer periods are permitted under another award or local agreement, covering the particular class of work or are required by the usual work pattern of the position; or

 

(b)      Outside the bandwidth application to the particular class of work; or

 

(c)      In excess of the daily roster pattern applicable for the particular class of work; or

 

(d)      In excess of the standard weekly roster of hours for the particular class of work; or

 

(e)      In accordance with a local arrangement negotiated under Part A clause 10 of this award.

 

2.1.3.2           Overtime rates will be paid in accordance with the rates set in Part A, Clause 10.

 

2.1.3.3           Overtime payments for casual employees are based on the ordinary hourly rate plus the 15% loading set out in paragraph 2.1.2.2 of this clause.

 

2.1.3.4           The loading in lieu of annual leave as set out in paragraph 2.1.2.3 of this clause is not included in the hourly rate for the calculation of overtime payments for casual employees.

 

2.1.4   Leave

 

2.1.4.1           Other than as described under subclauses 2.1.4, 2.1.5 and 2.1.6 of this clause, casual employees are not entitled to any other paid or unpaid leave.

 

2.1.4.2           As set out in paragraph 2.1.2.3 of this clause, casual employees will be paid 1/12th in lieu of annual leave.

 

2.1.4.3           Casual employees will be entitled to Long Service Leave in accordance with the provisions of the Long Service Leave Act 1955.

 

2.1.4.4           Casual employees are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996. The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

(a)      The Auditor-General must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(i)       the employee or employee's spouse is pregnant; or

 

(ii)       the employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

2.1.4.5           "Domestic Violence" means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.

 

2.1.5   Personal Carers entitlement for casual employees

 

2.1.5.1           Casual employees are entitled to not be available to attend work, or to leave work if they need to care for a family member described in paragraph 6.14.4.2 of clause 6.14, Sick Leave to Care for a Family Member of this award who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child. This entitlement is subject to the evidentiary requirements set out in paragraph 2.1.5.4, and the notice requirements set out in paragraph 2.1.5.5 of this clause.

 

2.1.5.2           The Audit Office and the casual employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

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

 

2.1.5.4           The casual employee shall, if required,

 

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

 

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

 

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

 

2.1.5.5           The casual employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of the absence.

 

2.1.6   Bereavement entitlements for casual employees

 

2.1.6.1           Casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a family member on production of satisfactory evidence (if required by the employer).

 

2.1.6.2           The Audit Office and the casual employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

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

 

2.1.6.4           The casual employee must, as soon is reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of the absence.

 

2.1.7   Application of other clauses of this Award to casual employees

 

2.1.7.1           The following clauses of this annexure do not apply to casual employees:

 

1	Natural Emergencies and Major Transport Disruptions
2	Public Holidays
3	Semi-Official Telephones
4	relating to Trade Union activities
5	Travelling and other costs of Trade Union Delegates
6	Leave - General Provisions
7	relating to the various Leave provisions
8	relating to Recall to Duty, On-Call and Stand-by Arrangements

 

2.2.  Part-Time Employment

 

2.2.1   General

 

2.2.1.1           This clause shall only apply to part-time employees

 

2.2.1.2           Part-time work may be undertaken with the agreement of the relevant business unit leader. Part-time work may be undertaken in a part-time position or under a part-time arrangement.

 

2.2.1.3           A part-time employee is to work contract hours less than full-time hours.

 

2.2.1.4           Unless otherwise specified in the award, part-time employees receive full time entitlements on a pro rata basis calculated according to the number of hours an employee works in a part-time position or under a part-time arrangement. Entitlements to paid leave will accrue on the equivalent hourly basis.

 

2.2.1.5           Before commencing part-time work, the Audit Office and the employee must agree upon:

 

(a)      the hours to be worked by the employee, the days upon which they will be worked, commencing and ceasing times for the work;

 

(b)      the classification applying to the work to be performed.

 

2.2.1.6           The terms of the agreement must be in writing and may only be varied with the consent of both parties.

 

2.2.1.7           Incremental progression for part-time employees is the same as for full time employees, that is, part-time employees receive an increment annually.

 

2.2.2   Additional hours

 

2.2.2.1           The Audit Office may request, but not require, a part-time employee to work additional hours. For the time worked in excess of the employee’s usual hours and up to the normal full-time hours for the classification, part-time employees may elect to:

 

(a)      be paid for additional hours at their hourly rate plus a loading of 4/48ths in lieu of recreation leave; or

 

(b)      if working under a Flexible Working Hours scheme under Part A Clause 9 have the time worked credited as flex time.

 

2.2.2.2           For time worked in excess of the full-time hours of the classification, or outside the bandwidth payment shall be made at the appropriate overtime rate in accordance with Part A Clause 10.8, Rate of Payment for Overtime of this Annexure.

 

2.3.  Natural Emergencies and Major Transport Disruptions

 

2.3.1   An employee prevented from attending work at a normal work location by a natural emergency or by a major transport disruption may:

 

2.3.1.1           apply to vary the working hours; and/or

 

2.3.1.2           negotiate an alternative working location with the Audit Office; and/or

 

2.3.1.3           take available family and community service leave and/or flex leave, recreation or extended leave or leave without pay to cover the period concerned.

 

2.4.  Public Holidays

 

2.4.1   Unless directed to attend for duty by the Audit Office, an employee is entitled to be absent from duty without loss of pay on any day which is:

 

2.4.1.1           a public holiday throughout the State; or

 

2.4.1.2           a local holiday in that part of the State at or from which the employee performs duty; or

 

2.4.1.3           a day between Boxing Day and New Year's Day determined by the Auditor-General as a public service holiday.

 

2.4.2   An employee required by the Department Head Audit Office to work on a local holiday may be granted time off in lieu on an hour for hour basis for the time worked on a local holiday.

 

2.4.3   If a local holiday falls during a employee's absence on leave, the employee is not to be credited with the holiday.

 

2.5.  Lactation Breaks

 

2.5.1   This clause applies to employees who are lactating mothers.  A lactation break is provided for breastfeeding, expressing milk or other activity necessary to the act of breastfeeding or expressing milk and is in addition to any other rest period and meal break as provided for in this award.

 

2.5.2   A full time staff member or a part time employee working more than 4 hours per day is entitled to a maximum of two paid lactation breaks of up to 30 minutes each per day.

 

2.5.3   A part time employee working 4 hours or less on any one day is entitled to only one paid lactation break of up to 30 minutes on any day so worked.

 

2.5.4   A flexible approach to lactation breaks can be taken by mutual agreement between a employee and their manager provided the total lactation break time entitlement is not exceeded.  When giving consideration to any such requests for flexibility, a manager needs to balance the operational requirements of the organisation with the lactating needs of the employee.

 

2.5.5   The Department Head shall provide access to a suitable, private space with comfortable seating for the purpose of breastfeeding or expressing milk.

 

2.5.6   Other suitable facilities, such as refrigeration and a sink, shall be provided where practicable.  Where it is not practicable to provide these facilities, discussions between the manager and employee will take place to attempt to identify reasonable alternative arrangements for the employee’s lactation needs.

 

2.5.7   Employees experiencing difficulties in effecting the transition from home-based breastfeeding to the workplace will have telephone access in paid time to a free breastfeeding consultative service, such as that provided by the Australian Breastfeeding Association’s Breastfeeding Helpline Service or the Public Health System.

 

2.5.8   Employees needing to leave the workplace during time normally required for duty to seek support or treatment in relation to breastfeeding and the transition to the workplace may utilise sick leave in accordance with clause 79, Sick Leave of this award, or access to the flexible working hours scheme provide in clause 21, Flexible Working Hours of this award, where applicable.

 

SECTION 3 - TRAVEL ARRANGEMENTS

 

3.1.  Travelling Compensation

 

3.1.1   Any authorised official travel and associated expenses, properly and reasonably incurred by an employee required to perform duty at a location other than their place of employment shall be met by the Audit Office, subject to Part A, Clause 11.

 

3.1.2   The Audit Office shall require employees to obtain an authorisation for all official travel prior to incurring any travel expense.

 

3.1.3   Where available at a particular centre or location, the overnight accommodation to be occupied by employees who travel on official business shall be the middle of the range standard, referred to generally as three star or three diamond standard of accommodation.

 

3.1.4   Where payment of a proportionate amount of an allowance applies in terms of this clause, the amount payable shall be the appropriate proportion of the daily rate. Any fraction of an hour shall be rounded off to the nearest half-hour.

 

3.1.5   The Audit Office will elect whether to pay the accommodation directly or whether an employee should pay the accommodation and be compensated in accordance with this clause.  Where practicable, employees shall obtain prior approval when making their own arrangements for overnight accommodation.

 

3.1.6   Subject to subclause 3.1.14 of this clause, an employee who is required by the Audit Office to work from a temporary work location shall be compensated for accommodation, meal and incidental expenses properly and reasonably incurred during the time actually spent away from the employee's residence in order to perform the work.

 

3.1.7   If meals are provided by the Government at the temporary work location, the employee shall not be entitled to claim the meal allowance.

 

3.1.8   For the first 35 days, the payment shall be:

 

3.1.8.1           where the Audit Office elects to pay the accommodation provider the employee shall receive:

 

(a)      the appropriate meal allowance in accordance with Annexure 4, Part 2 Monetary Rates and

 

(b)      incidentals as set out in Annexure 4, Part 2 Monetary Rates, and

 

(c)      actual meal expenses properly and reasonably incurred (excluding morning and afternoon teas) for any residual part day travel.

 

3.1.8.2           where the Audit Office elects not to pay the accommodation provider the employees shall elect to receive either:

 

(a)      the appropriate rate of allowance specified in Annexure 4, Part 2 Monetary Rates, and actual meal expenses properly and reasonably incurred (excluding morning and afternoon teas) for any residual part day travel; OR

 

(b)      in lieu of subparagraph (a) of this paragraph, payment of the actual expenses properly and reasonably incurred for the whole trip on official business (excluding morning and afternoon teas) together with an incidental expenses allowance set out in Annexure 4, Part 2 Monetary Rates.

 

3.1.9   Payment of the appropriate allowance for an absence of less than 24 hours may be made only where the employee satisfies the Audit Office that, despite the period of absence being of less than 24 hours duration, expenditure for accommodation and three meals has been incurred.

 

3.1.10  Where an employee is unable to so satisfy the Audit Office, the allowance payable for part days of travel shall be limited to the expenses incurred during such part day travel.

 

3.1.11  After the first 35 days - If an employee is required by the Audit Office to work in the same temporary work location for more than 35 days, such employee shall be paid the appropriate rate of allowance as specified in Annexure 4, Part 2 Monetary Rates.

 

3.1.12  Long term arrangements - As an alternative to the provisions after the first 35 days set out in subclause 3.1.11 of this clause, the Audit Office may make alternative arrangements for meeting the additional living expenses, properly and reasonably incurred by an employee working from a temporary work location.

 

3.1.13  The return of an employee to their home at weekends, on rostered days off or during short periods of leave while working from a temporary work location shall not constitute a break in the temporary work arrangement.

 

3.1.14  This clause does not apply to employees who are on an employee-initiated secondment in accordance with section 86 of the Act and described in the Commentary and Guidelines on Staff Mobility (temporary staff transfers - section 86 and  temporary assignment - section 88) and Cross-Agency Employment (section 100) Public Sector Employment and Management Act 2002.

 

3.2.  Meal Expenses on One-Day Journeys

 

3.2.1   An employee who is authorised by the Audit Office to undertake a one-day journey on official business which does not require the employee to obtain overnight accommodation, shall be paid the appropriate rate of allowance set out in Annexure 4, Part 2 Monetary Rates for:-

 

3.2.1.1           Breakfast when required to commence travel at or before 6.00 a.m. and at least 1 hour before the prescribed starting time;

 

3.2.1.2           An evening meal when required to travel until or beyond 6.30 p.m.; and

 

3.2.1.3           Lunch when required to travel a total distance on the day of at least 100 kilometres and, as a result, is located at a distance of at least 50 kilometres from the employee’s normal headquarters at the time of taking the normal lunch break.

 

3.3.  Restrictions on Payment of Travelling Allowances

 

3.3.1   An allowance under Annexure 4, Section 3.1, Travelling Compensation, is not payable in respect of:

 

3.3.1.1           Any period during which the employee returns to their residence at weekends or public holidays, commencing with the time of arrival at that residence and ending at the time of departure from the residence;

 

3.3.1.2           Any period of leave, except with the approval of the Audit Office or as otherwise provided by this clause; or

 

3.3.1.3           Any other period during which the employee is absent from the employee’s temporary work location otherwise than on official duty.

 

3.3.2   An employee who is in receipt of an allowance under Annexure 4, Section 3.1, Travelling Compensation shall be entitled to the allowance in the following circumstances:

 

3.3.2.1           When granted special leave to return to their residence at a weekend, for the necessary period of travel for the journey from the temporary work location to the employee 's residence; and for the return journey from the employee 's residence to the temporary work location, or

 

3.3.2.2           When leaving a temporary work location on ceasing to perform duty at or from a temporary work location, for the necessary period of travel to return to the employee 's residence or to take up duty at another temporary work location.

 

but is not entitled to any other allowance in respect of the same period.

 

3.4.  Increase Or Reduction in Payment of Travelling Allowances

 

3.4.1   Where the Audit Office is satisfied that a travelling allowance is:

 

3.4.1.1           Insufficient to adequately reimburse the employee for expenses properly and reasonably incurred, a further amount may be paid to reimburse the employee for the additional expenses incurred; or

 

3.4.1.2           In excess of the amount which would adequately reimburse the employee for expenses properly and reasonably incurred, the allowance may be reduced to an amount which would reimburse the employee for expenses incurred properly and reasonably.

 

3.5.  Production of Receipts

 

Payment of any actual expenses shall be subject to the production of receipts, unless the Audit Office is prepared to accept other evidence from the employee.

 

3.6.  Travelling Distance

 

The need to obtain overnight accommodation shall be determined by the Audit Office having regard to the safety of the employee or members travelling on official business and local conditions applicable in the area. Where employee s are required to attend conferences or seminars which involve evening sessions or employees are required to make an early start at work in a location away from their normal workplace, overnight accommodation shall be appropriately granted by the Audit Office.

 

SECTION 4 - ALLOWANCES AND OTHER MATTERS

 

4.1.  Allowance Payable for Use of Private Motor Vehicle

 

4.1.1   The Audit Office may authorise an employee to use a private motor vehicle for work where:

 

4.1.1.1           Such use will result in greater efficiency or involve the Audit Office in less expense than if travel were undertaken by other means; or

 

4.1.1.2           Where the employee is unable to use other means of transport due to a disability.

 

4.1.2   An employee who, with the approval of the Audit Office, uses a private motor vehicle for work shall be paid an appropriate rate of allowance specified in Annexure 4, Part 2 Monetary Rates for the use of such private motor vehicle.  A deduction from the allowance payable is to be made for travel as described in subclause 4.1.4.1 of this clause.

 

4.1.3   Different levels of allowance are payable for the use of a private motor vehicle for work depending on the circumstances and the purpose for which the vehicle is used.

 

4.1.3.1           The casual rate is payable if an employee elects, with the approval of the Audit Office, to use their vehicle for occasional travel for work.  This is subject to the allowance paid for the travel not exceeding the cost of travel by public or other available transport.

 

4.1.3.2           The official business rate is payable if an employee is directed, and agrees, to use the vehicle for official business and there is no other transport available.  It is also payable where the employee is unable to use other transport due to a disability.  The official business rate includes a component to compensate an employee for owning and maintaining the vehicle.

 

4.1.4   Deduction from allowance

 

4.1.4.1           Except as otherwise specified in this award, an employee shall bear the cost of ordinary daily travel by private motor vehicle between the employee's residence and place of employment, as defined in Part A, Clause 11, and for any distance travelled in a private capacity. A deduction will be made from any motor vehicle allowance paid, in respect of such travel.

 

4.1.4.2           Deductions are not to be applied in respect of days characterised as follows.

 

(a)      When staying away from home overnight, including the day of return from any itinerary.

 

(b)      When the employee uses the vehicle on official business and returns it to home prior to travelling to the place of employment by other means of transport at their own expense.

 

(c)      When the employee uses the vehicle for official business after normal working hours.

 

(d)      When the monthly claim voucher shows official use of the vehicle has occurred on one day only in any week. Exemption from the deduction under this subparagraph is exclusive of, and not in addition to, days referred to in subparagraphs (a), (b) and (c) of this paragraph.

 

(e)      When the employee buys a weekly or other periodical rail or bus ticket, provided the Audit Office is satisfied that:

 

(i)       at the time of purchasing the periodical ticket the employee did not envisage the use of their private motor vehicle on approved official business;

 

(ii)       the periodical ticket was in fact purchased; and

 

(iii)      in regard to train travellers, no allowance is to be paid in respect of distance between the employee’s home and the railway station or other intermediate transport stopping place.

 

4.1.5   The employee must have in force, in respect of a motor vehicle used for work, in addition to any policy required to be effected or maintained under the Motor Vehicles (Third Party Insurance) Act, 1942, a comprehensive motor vehicle insurance policy to an amount and in a form approved by the  Director, Corporate Services.

 

4.1.6   Expenses such as tolls etc. shall be refunded to employees where the charge was incurred during approved work related travel.

 

4.2.  Damage to Private Motor Vehicle Used for Work

 

4.2.1   Where a private vehicle is damaged while being used for work, any normal excess insurance charges prescribed by the insurer shall be reimbursed by the Audit Office, provided:

 

4.2.1.1           The damage is not due to gross negligence by the employee; and

 

4.2.1.2           The charges claimed by the employee are not the charges prescribed by the insurer as punitive excess charges.

 

4.2.2   Provided the damage is not the fault of the employee, the Audit Office shall reimburse to an employee the costs of repairs to a broken windscreen, if the employee can demonstrate that:

 

4.2.2.1           The damage was sustained on approved work activities; and

 

4.2.2.2           The costs cannot be met under the insurance policy due to excess clauses.

 

4.3.  Overseas Travel

 

Unless Auditor-General determines that an employee shall be paid travelling rates especially determined for the occasion, an employee required by the Audit Office to travel overseas on official business shall be paid the appropriate overseas travelling allowance rates as specified in the relevant Department of Premier and Cabinet Circular as issued from time to time.

 

4.4.  Semi-Official Telephones

 

4.4.1   Reimbursement of expenses associated with a private telephone service installed at the residence of an employee shall be made as specified in this clause if the employee is required to be contacted or is required to contact others in connection with the duties of his/her position in the Audit Office, as and when required.

 

4.4.2   The service must be located in the employee‘s principal place of residence and its telephone number communicated to all persons entitled to have out of hours contact with the employee.

 

4.4.3   The semi-official telephone allowance applies to employees who are required, as part of their duties to:

 

4.4.3.1           Give decisions, supply information or provide emergency services; and/or

 

4.4.3.2           Be available for reasons of safety or security for contact by the public outside of normal office hours.

 

4.4.4   Unless better provisions already apply to an employee or an employee has been provided with an official telephone, reimbursement of expenses under this clause shall be limited to the following:

 

4.4.4.1           The connection fee for a telephone service, if the service is not already available at the employee's principal place of residence;

 

4.4.4.2           The full annual base rental charged for the telephone service regardless of whether any official calls have been made during the period; and

 

4.4.4.3           The full cost of official local, STD and ISD calls.

 

4.4.5   To be eligible for reimbursement, staff must submit their telephone account and a statement showing details of all official calls, including:

 

4.4.5.1           Date, time, length of call and estimated cost;

 

4.4.5.2           Name and phone number of the person to whom call was made; and

 

4.4.5.3           Reason for the call.

 

4.5.  Compensation for Damage to Or Loss of Employee’s Personal Property

 

4.5.1   Where damage to or loss of the employee's personal property occurs in the course of employment, a claim may be lodged under the Workers Compensation Act 1987 and/or under any insurance policy of the Audit Office covering the damage to or loss of the personal property of the employee.

 

4.5.2   If a claim under subclause 4.5.1 of this clause is rejected by the insurer, the  Auditor-General may compensate an employee for the damage to or loss of personal property, if such damage or loss:

 

4.5.2.1           Is due to the negligence of the Audit Office, another employee, or both, in the performance of their duties; or

 

4.5.2.2           Is caused by a defect in an employee 's material or equipment; or

 

4.5.2.3           Results from a employee’s protection of or attempt to protect Audit Office property from loss or damage.

 

4.5.3   Compensation in terms of subclause 4.5.2 of this clause shall be limited to the amount necessary to repair the damaged item. Where the item cannot be repaired or is lost, the Auditor-General may pay the cost of a replacement item, provided the item is identical to or only marginally different from the damaged or lost item and the claim is supported by satisfactory evidence as to the price of the replacement item.

 

4.5.4   For the purpose of this clause, personal property means an employee's clothes, spectacles, hearing-aid, tools of trade or similar items which are ordinarily required for the performance of the employee’s duties.

 

4.5.5   Compensation for the damage sustained shall be made by the Audit Office where, in the course of work, clothing or items such as spectacles, hearing aids, etc, are damaged or destroyed by natural disasters or by theft or vandalism.

 

4.6.  First Aid Allowance

 

4.6.1   An employee appointed as a First Aid Officer shall be paid a first aid allowance at the rate appropriate to the qualifications held by such employee as specified in the relevant Department of Premier and Cabinet Circular as issued from time to time.

 

4.6.2   The First Aid Allowance - Basic Qualifications rate will apply to an employee appointed as a First Aid Officer who holds a St John’s Ambulance Certificate or equivalent qualifications (such as the Civil Defence or the Red Cross Society’s First Aid Certificates) issued within the previous three years.

 

4.6.3   The Holders of current Occupational First Aid Certificate Allowance rate will apply to an employee appointed as a First Aid Officer who:

 

4.6.3.1           is appointed to be in charge of a First-Aid room in a workplace of 200 or more employee s (100 for construction sites); and

 

4.6.3.2           holds an Occupational First-Aid Certificate issued within the previous three years.

 

4.6.4   The First Aid Allowance shall not be paid during leave of one week or more.

 

4.6.5   When the First Aid Officer is absent on leave for one week or more and another qualified employee is selected to relieve in the First Aid Officer's position, such employee shall be paid a pro rata first aid allowance for assuming the duties of a First Aid Officer.

 

4.6.6   First Aid Officers may be permitted to attend training and retraining courses conducted during normal hours of duty. The cost of training employee s who do not already possess qualifications and who need to be trained to meet Audit Office needs, and the cost of retraining First Aid Officers, are to be met by the Audit Office.

 

4.7.  Review of Allowances Payable in Terms of This Award

 

4.7.1   Adjustment of Allowances - Allowances contained in this award shall be reviewed as follows:

 

4.7.1.1           Allowances listed in this paragraph will be determined at a level consistent with the reasonable allowances amounts for the appropriate income year as published by the Australian Taxation Office (ATO):

 

(a)      Annexure 4, Clause 3.1, Travelling Compensation;

 

(b)      Annexure 4, Clause 3.2, Meal Expenses on One Day Journeys;

 

(c)      Annexure 4,Clause 8.4, Overtime Meal Allowances, for breakfast, lunch and dinner.

 

4.7.1.2           Allowances listed in this paragraph will be determined and become effective from 1 July each year at a level consistent with the reasonable allowances amounts as published at or before that time by the Australian Taxation Office (ATO):

 

(a)      Annexure 4, Clause 4.1, Allowances Payable for the Use of Private Motor Vehicles;

 

4.7.1.3           Allowances payable in terms of clauses listed in this paragraph shall be adjusted on 1 July each year in line with the increases in the Consumer Price Index for Sydney during the preceding year (March quarter figures):

 

(b)      Annexure 4, Clause 8.4, Overtime Meal Allowances, for supper.

 

4.7.1.4           Allowances payable in terms of clauses listed in this paragraph shall continue to be subject to a percentage increase under an Award, Agreement or Determination and shall be adjusted on and from the date or pay period the percentage increase takes effect:

 

(c)      Annexure 4, Clause 4.6, First Aid Allowance;

 

(d)      Annexure 4, Clause 8.2, On-Call (Stand-by) and On-Call Allowance.

 

SECTION 5 - UNION CONSULTATION, ACCESS AND ACTIVITIES

 

5.1.  Trade Union Activities Regarded as on Duty

 

5.1.1   An Association delegate will be released from the performance of normal Audit Office duty when required to undertake any of the activities specified below. While undertaking such activities the Association delegate will be regarded as being on duty and will not be required to apply for leave:

 

5.1.1.1           Attendance at meetings of the workplace's Work Health and Safety Committee and participation in all official activities relating to the functions and responsibilities of elected Work Health and Safety Committee members at a place of work as provided for in the Work Health and Safety Act 2011 and the Work Health and Safety Regulation 2011.

 

5.1.1.2           Attendance at meetings with workplace management or workplace management representatives;

 

5.1.1.3           A reasonable period of preparation time, before-

 

(a)      meetings with management;

 

(b)      disciplinary or grievance meetings when an Association member requires the presence of an Association delegate; and

 

(c)      any other meeting with management,

 

by agreement with management, where operational requirements allow the taking of such time;

 

5.1.1.4           Giving evidence in court on behalf of the employer;

 

5.1.1.5           Presenting information on the Association and Association activities at induction sessions for new staff of the Audit Office; and

 

5.1.1.6           Distributing official Association publications or other authorised material at the workplace, provided that a minimum of 24 hours notice is given to workplace management, unless otherwise agreed between the parties. Distribution time is to be kept to a minimum and is to be undertaken at a time convenient to the workplace.

 

5.2.  Trade Union Activities Regarded as Special Leave

 

5.2.1   The granting of special leave with pay will apply to the following activities undertaken by an Association delegate, as specified below:

 

5.2.1.1           Annual or biennial conferences of the Association;

 

5.2.1.2           Meetings of the Association’s Executive, Committee of Management or Councils;

 

5.2.1.3           Annual conference of the Unions NSW and the biennial Congress of the Australian Council of Trade Unions;

 

5.2.1.4           Attendance at meetings called by the Unions NSW involving the Association which requires attendance of a delegate;

 

5.2.1.5           Attendance at meetings called by the Auditor-General, as the employer for industrial purposes, as and when required;

 

5.2.1.6           Giving evidence before an Industrial Tribunal as a witness for the Association;

 

5.2.1.7           Reasonable travelling time to and from conferences or meetings to which the provisions of Annexure 4, Clauses 5.1, 5.2 and 5.3 apply.

 

5.3.  Trade Union Training Courses

 

5.3.1   The following training courses will attract the grant of special leave as specified below:-

 

5.3.1.1           Accredited Occupational Health and Safety (OH&S) courses and any other accredited OH&S training for OH&S Committee members. The provider(s) of accredited OH&S training courses and the conditions on which special leave for such courses will be granted, shall be negotiated between the  Audit Office and the Association.

 

5.3.1.2           Courses organised and conducted by the Trade Union Education Foundation or by the Association or a training provider nominated by the Association. A maximum of 12 working days in any period of 2 years applies to this training and is subject to:

 

(a)      The operating requirements of the workplace permitting the grant of leave and the absence not requiring employment of relief staff;

 

(b)      Payment being at the base rate, i.e. excluding extraneous payments such as shift allowances/penalty rates, overtime, etc;

 

(c)      All travelling and associated expenses being met by the employee or the Association;

 

(d)      Attendance being confirmed in writing by the Association or a nominated training provider.

 

5.4.  Conditions Applying to on Loan Arrangements

 

5.4.1   Subject to the operational requirements of the workplace, on loan arrangements will apply to the following activities:

 

5.4.1.1           Meetings interstate or in NSW of a Federal nature to which an Association member has been nominated or elected by the Association:-

 

(a)      As an Executive Member; or

 

(b)      A member of a Federal Council; or

 

(c)      Vocational or industry committee.

 

5.4.1.2           Briefing counsel on behalf of the Association;

 

5.4.1.3           Assisting Association officials with preparation of cases or any other activity outside their normal workplace at which the delegate is required to represent the interests of the Association;

 

5.4.1.4           Country tours undertaken by a member of the executive or Council of the Association;

 

5.4.1.5           Taking up of full time duties with the Association if elected to the office of President, General Secretary or to another full time position with the Association.

 

5.4.1.6           Financial Arrangements - The following financial arrangements apply to the occasions when an employee is placed "on loan" to the Association:-

 

(a)      The Audit Office will continue to pay the delegate or an authorised Association representative whose services are on loan to the Association;

 

(b)      The Audit Office will seek reimbursement from the Association at regular intervals of all salary and associated on costs, including superannuation, as specified by the NSW Treasury from time to time.

 

(c)      Agreement with the Association on the financial arrangements must be reached before the on loan arrangement commences and must be documented in a manner negotiated between the Audit Office and the Association.

 

5.4.1.7           Recognition of "on loan" arrangement as service - On loan arrangements negotiated in terms of this clause are to be regarded as service for the accrual of all leave.

 

5.4.1.8           Limitation - On loan arrangements may apply to full-time or part-time staff and are to be kept to the minimum time required. Where the Association needs to extend an on loan arrangement, the Association shall approach the Audit Office in writing for an extension of time well in advance of the expiration of the current period of on loan arrangement.

 

5.4.1.9           Where the Audit Office and the Association cannot agree on the on loan arrangement, the matter is to be referred to the DPE for determination after consultation with the Auditor-General and the Association.

 

5.5.  Period of Notice for Trade Union Activities

 

The Audit Office must be notified in writing by the Association or, where appropriate, by the accredited delegate as soon as the date and/or time of the meeting, conference or other accredited activity is known.

 

5.6.  Access to Facilities By Trade Union Delegates

 

5.6.1   The workplace shall provide accredited delegates with reasonable access to the following facilities for authorised Association activities:

 

5.6.1.1           Telephone, facsimile and, where available, E-mail facilities;

 

5.6.1.2           A notice board for material authorised by the Association or access to staff notice boards for material authorised by the Association;

 

5.6.1.3           Workplace conference or meeting facilities, where available, for meetings with member(s), as negotiated between local management and the Association.

 

5.7.  Responsibilities of the Trade Union Delegate

 

5.7.1   Responsibilities of the Association delegate are to:

 

5.7.1.1           Establish accreditation as a delegate with the Association and provide proof of accreditation to the workplace;

 

5.7.1.2           Participate in the workplace consultative processes, as appropriate;

 

5.7.1.3           Follow the dispute settling procedure applicable in the workplace;

 

5.7.1.4           Provide sufficient notice to the immediate supervisor of any proposed absence on authorised Association business;

 

5.7.1.5           Account for all time spent on authorised Association business;

 

5.7.1.6           When special leave is required, to apply for special leave in advance;

 

5.7.1.7           Distribute Association literature/membership forms, under arrangements negotiated between the Audit Office and the Association; and

 

5.7.1.8           Use any facilities provided by the workplace properly and reasonably as negotiated at organisational level.

 

5.8.  Responsibilities of the Trade Union

 

5.8.1   Responsibilities of the Association are to:

 

5.8.1.1           Provide written advice to the Audit Office about an Association activity to be undertaken by an accredited delegate and, if requested, to provide written confirmation to the workplace management of the delegate's attendance/participation in the activity;

 

5.8.1.2           Meet all travelling, accommodation and any other costs incurred by the accredited delegate, except as provided in paragraph 5.9.1.3 of Annexure 2, Clause 5.9, Responsibilities of Workplace Management of this award;

 

5.8.1.3           Pay promptly any monies owing to the workplace under a negotiated on loan arrangement;

 

5.8.1.4           Provide proof of identity when visiting a workplace in an official capacity, if requested to do so by management;

 

5.8.1.5           Apply to the Audit Office well in advance of any proposed extension to the "on loan" arrangement;

 

5.8.1.6           Assist the workplace management in ensuring that time taken by the Association delegate is accounted for and any facilities provided by the employer are used reasonably and properly; and

 

5.8.1.7           Advise the Audit Office of any leave taken by the Association delegate during the on loan arrangement.

 

5.9.  Responsibilities of Workplace Management

 

5.9.1   Where time is required for Association activities in accordance with this clause the responsibilities of the workplace management are to:

 

5.9.1.1           Release the accredited delegate from duty for the duration of the Association activity, as appropriate, and, where necessary, to allow for sufficient travelling time during the ordinary working hours;

 

5.9.1.2           Advise the workplace delegate of the date of the next induction session for new employees in sufficient time to enable the Association to arrange representation at the session;

 

5.9.1.3           Meet the travel and/or accommodation costs properly and reasonably incurred in respect of meetings called by the workplace management;

 

5.9.1.4           Where possible, to provide relief in the position occupied by the delegate in the workplace, while the delegate is undertaking Association responsibilities to assist with the business of workplace management;

 

5.9.1.5           Re-credit any other leave applied for on the day to which special leave or release from duty subsequently applies;

 

5.9.1.6           Where an Association activity provided under this clause needs to be undertaken during an approved period of flexi leave, to apply the provisions of paragraph 5.9.1.5 of this clause;

 

5.9.1.7           To continue to pay salary during an "on loan" arrangement negotiated with the Association and to obtain reimbursement of salary and on-costs from the Association at regular intervals, or as otherwise agreed between the parties if long term arrangements apply;

 

5.9.1.8           To verify with the Association the time spent by an Association delegate or delegates on Association business, if required; and

 

5.9.1.9           If the time and/or the facilities allowed for Association activities are thought to be used unreasonably and/or improperly, to consult with the Association before taking any remedial action.

 

5.10.  Right of Entry Provisions

 

The right of entry provisions shall be as prescribed under the Work Health and Safety Act 2011 and the Industrial Relations Act 1996.

 

5.11.  Travelling and Other Costs of Trade Union Delegates

 

5.11.1  Except as specified in paragraph 5.9.1.3 of Annexure 4, Clause 5.9, Responsibilities of Workplace Management of this award, all travel and other costs incurred by accredited Association delegates in the course of Association activities will be paid by the Association.

 

5.11.2  In respect of meetings called by the workplace management in terms of paragraph 5.9.1.3 of clause 5.9, Responsibilities of Workplace Management of this award, the payment of travel and/or accommodation costs, properly and reasonably incurred, is to be made, as appropriate, on the same conditions as apply under clauses 3.1, Travelling Compensation, 3.2, Meal Expenses on One-Day Journeys, or 3.3, Restrictions on Payment of Travelling Allowances of this Annexure.

 

5.11.3  No overtime, leave in lieu, shift penalties or any other additional costs will be claimable by an employee from the Audit Office, in respect of Association activities covered by special leave or on duty activities provided for in this clause.

 

5.11.4  The on loan arrangements shall apply strictly as negotiated and no extra claims in respect of the period of on loan shall be made on the Audit Office by the Association or the employee.

 

5.12.  Industrial Action

 

5.12.1  Provisions of the Industrial Relations Act 1996 shall apply to the right of Association members to take lawful industrial action (Note the obligations of the parties under Part A, Clause 14, Industrial Dispute Settlement Procedure).

 

5.12.2  There will be no victimisation of employees prior to, during or following such industrial action.

 

5.13.  Consultation and Technological Change

 

5.13.1  There shall be effective means of consultation, as set out in the Consultative Arrangements Policy and Guidelines document, on matters of mutual interest and concern, both formal and informal, between management and Association.

 

5.13.2  The Audit Office shall consult with the Association prior to the introduction of any technological change.

 

SECTION 6 - LEAVE

 

6.1.  Leave - General Provisions

 

6.1.1   The leave provisions contained in this Award apply to all employees.

 

6.1.2   Unless otherwise specified, part-time employees will receive the paid leave provisions of this award on a pro rata basis, calculated according to the number of hours worked per week.

 

6.1.3   Where paid and unpaid leave is available to be granted in terms of this award, paid leave shall be taken before unpaid leave.

 

6.2.  Absence from Work

 

6.2.1   An employee must not be absent from work unless reasonable cause is shown.

 

6.2.2   If an employee is to be absent from duty because of illness or other emergency, the employee shall notify or arrange for another person to notify the supervisor as soon as possible of the employee 's absence and the reason for the absence.

 

6.2.3   If a satisfactory explanation for the absence, is not provided, the employee will be regarded as absent from duty without authorised leave and the Audit Office shall deduct from the pay of the employee the amount equivalent to the period of the absence.

 

6.2.4   The minimum period of leave available to be granted shall be a quarter day, unless local arrangements negotiated in the workplace allow for a lesser period to be taken.

 

6.2.5   Nothing in this clause affects any proceedings for a breach of discipline against a employee  who is absent from duty without authorised leave.

 

6.3.  Applying for Leave

 

6.3.1   An application by an employee for leave under this award shall be made to and dealt with by the Audit Office

 

6.3.2   The Audit Office shall deal with the application for leave according to the wishes of the employee , if the operational requirements of the Audit Office permit this to be done.

 

6.4.  Extended Leave

 

Extended leave shall accrue and shall be granted to employees in accordance with the provisions of Schedule 3 of the Public Sector Employment and Management Act  2002.

 

6.5.  Family and Community Service Leave

 

6.5.1   The Audit Office shall grant to an employee some, or all of their accrued family and community service leave on full pay, for reasons relating to unplanned and emergency family responsibilities or other emergencies as described in subclause 6.5.2 of this clause.  The Audit Office may also grant leave for the purposes in subclause 6.5.3 of this clause.  Non-emergency appointments or duties shall be scheduled or performed outside of normal working hours or through approved use of flexible working arrangements or other appropriate leave.

 

6.5.2   Such unplanned and emergency situations may include, but not be limited to, the following:-

 

6.5.2.1           Compassionate grounds - such as the death or illness of a close member of the family or a member of the employee's household;

 

6.5.2.2           Emergency accommodation matters up to one day, such as attendance at court as defendant in an eviction action, arranging accommodation, or when required to remove furniture and effects;

 

6.5.2.3           Emergency or weather conditions; such as when flood, fire, snow or disruption to utility services etc, threatens an employee’s property and/or prevents an employee from reporting for duty;

 

6.5.2.4           Attending to unplanned or unforeseen family responsibilities, such as attending child's school for an emergency reason or emergency cancellations by child care providers;

 

6.5.2.5           Attendance at court by an employee to answer a charge for a criminal offence, only if the Audit Office considers the granting of family and community service leave to be appropriate in a particular case.

 

6.5.3   Family and community service leave may also be granted for:

 

6.5.3.1           An absence during normal working hours to attend meetings, conferences or to perform other duties, for employees holding office in Local Government, and whose duties necessitate absence during normal working hours for these purposes, provided that the employee does not hold a position of Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council; and

 

6.5.3.2           Attendance as a competitor in major amateur sport (other than Olympic or Commonwealth Games) for employees who are selected to represent Australia or the State.

 

6.5.4   The definition of "family" or "relative" in this clause is the same as that provided in paragraph 6.14.4.2 of Annexure 4, Clause 6.14, Sick Leave to Care for a Family Member of this Annexure.

 

6.5.5   Family and community service leave shall accrue as follows:

 

6.5.5.1           two and a half days in the employee’s first year of service;

 

6.5.5.2           two and a half days in the employee’s second year of service; and

 

6.5.5.3           one day per year thereafter.

 

6.5.6   If available family and community service leave is exhausted as a result of natural disasters, the Audit Office shall consider applications for additional family and community service leave, if some other emergency arises.

 

6.5.7   If available family and community service leave is exhausted, on the death of a family member or relative, additional paid family and community service leave of up to 2 days may be granted on a discrete, per occasion basis to an employee.

 

6.5.8   In cases of illness of a family member for whose care and support the employee is responsible, paid sick leave in accordance with Annexure 4, Clause 6.14, Sick Leave to Care for a Sick Family Member of this award shall be granted when paid family and community service leave has been exhausted or is unavailable.

 

6.5.9   The Audit Office may also grant employees other forms of leave such as accrued recreation leave, time off in lieu, flex leave and so on for family and community service leave purposes.

 

6.6.  Leave Without Pay

 

6.6.1   The Audit Office may grant leave without pay to an employee if good and sufficient reason is shown.

 

6.6.2   Leave without pay may be granted on a full-time or a part-time basis.

 

6.6.3   Where an employee is granted leave without pay for a period not exceeding 10 consecutive working days, the employee shall be paid for any proclaimed public holidays falling during such leave without pay.

 

6.6.4   Where an employee is granted leave without pay which, when aggregated, does not exceed 5 working days in a period of twelve (12) months, such leave shall count as service for incremental progression and accrual of recreation leave.

 

6.6.5   An employee who has been granted leave without pay shall not engage in employment of any kind during the period of leave without pay, unless prior approval has been obtained from the Auditor-General.

 

6.6.6   With the exception of leave without pay related to study leave, which may only be granted subject to conditions stated in the Audit Office Undergraduate Support Policy, an employee  shall not be required to exhaust accrued paid leave before proceeding on leave without pay but, if the employee elects to combine all or part of accrued paid leave with leave without pay, the paid leave shall be taken before leave without pay.

 

6.6.7   No paid leave shall be granted during a period of leave without pay.

 

6.6.8   A permanent appointment may be made to the employee’s position if:

 

6.6.8.1           the leave without pay has continued or is likely to continue beyond the original period of approval and is for a total period of more than 12 months; and

 

6.6.8.2           the employee is advised of the Audit Office’s proposal to permanently backfill their position; and

 

6.6.8.3           the employee is given a reasonable opportunity to end the leave without pay and return to their position; and

 

6.6.8.4           the Audit Office advised the employee at the time of the subsequent approval that the position will be filled on a permanent basis during the period of leave without pay.

 

6.6.9   The position cannot be filled permanently unless the above criteria are satisfied.

 

6.6.10  The employee does not cease to be employed by the Audit Office if their position is permanently backfilled.

 

6.6.11  Subclause 6.6.8 of this clause does not apply to full-time unpaid parental leave granted in accordance with subparagraph 6.9.9.1(a) of Annexure4, Clause 6.9, Parental Leave or to military leave.

 

6.7.  Military Leave

 

6.7.1   During the period of 12 months commencing on 1 July each year, the Audit Office may grant to an employee who is a volunteer part-time member of the Defence Forces, military leave on full pay to undertake compulsory annual training and to attend schools, classes or courses of instruction or compulsory parades conducted by the employee’s unit.

 

6.7.2   In accordance with the Defence Reserve Service (Protection) Act 2001 (Cth), it is unlawful to prevent an employee from rendering or volunteering to render, ordinary Defence Reserve Service.

 

6.7.3   Up to 24 working days military leave per financial year may be granted by the  Audit Office to members of the Naval and Military Reserves and up to 28 working days per financial year to members of the Air Force Reserve for the activities specified in subclause 6.7.1 of this clause.

 

6.7.4   The Audit Office may grant an employee special leave of up to 1 day to attend medical examinations and tests required for acceptance as volunteer part time members of the Australian Defence Forces.

 

6.7.5   An employee who is requested by the Australian Defence Forces to provide additional military services requiring leave in excess of the entitlement specified in subclause 6.7.3 of this clause may be granted Military Leave Top up Pay by the Auditor-General.

 

6.7.6   Military Leave Top up Pay is calculated as the difference between an employee’s ordinary pay as if they had been at work, and the Reservist’s pay which they receive from the Commonwealth Department of Defence.

 

6.7.7   During a period of Military Leave Top up Pay, an employee will continue to accrue sick leave, recreation and extended leave entitlements, and Departments are to continue to make superannuation contributions at the normal rate.

 

6.7.8   At the expiration of military leave in accordance with subclause 6.7.2 or 6.7.4 of this clause, the employee shall furnish to the Audit Office a certificate of attendance and details of the employees reservist pay signed by the commanding officer or other responsible officer.

 

6.8.  Observance of Essential Religious Or Cultural Obligations

 

6.8.1   An employee of:

 

6.8.1.1           Any religious faith who seeks leave for the purpose of observing essential religious obligations of that faith; or

 

6.8.1.2           Any ethnic or cultural background who seeks leave for the purpose of observing any essential cultural obligations, may be granted recreation/extended leave to credit, flex leave or leave without pay to do so.

 

6.8.2   Provided adequate notice as to the need for leave is given by the employee  to the Audit Office and it is operationally convenient to release the employee from duty, the  Audit Office must grant the leave applied for by the employee in terms of this clause.

 

6.8.3   An employee of any religious faith who seeks time off during daily working hours to attend to essential religious obligations of that faith, shall be granted such time off by the Audit Office, subject to:

 

6.8.3.1           Adequate notice being given by the employee;

 

6.8.3.2           Prior approval being obtained by the employee; and

 

6.8.3.3           The time off being made up in the manner approved by the Audit Office.

 

6.8.4   Notwithstanding the provisions of subclauses 6.8.1, 6.8.2 and 6.8.3 of this clause, arrangements may be negotiated between the Audit Office and the Association to provide greater flexibility for employees for the observance of essential religious or cultural obligations.

 

6.9.  Parental Leave

 

6.9.1   Parental leave includes maternity, adoption and "other parent" leave.

 

6.9.2   Maternity leave shall apply to an employee who is pregnant and, subject to this clause the employee shall be entitled to be granted maternity leave as follows:

 

6.9.2.1           For a period up to 9 weeks prior to the expected date of birth; and

 

6.9.2.2           For a further period of up to 12 months after the actual date of birth.

 

6.9.2.3           An employee who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.

 

6.9.3   Adoption leave shall apply to a employee adopting a child and who will be the primary care giver, the employee shall be granted adoption leave as follows:

 

6.9.3.1           For a period of up to 12 months if the child has not commenced school at the date of the taking of custody; or

 

6.9.3.2           For such period, not exceeding 12 months on a full-time basis, as the Auditor-General may determine, if the child has commenced school at the date of the taking of custody.

 

6.9.3.3           Special Adoption Leave - An employee shall be entitled to special adoption leave (without pay) for up to 2 days to attend interviews or examinations for the purposes of adoption. Special adoption leave may be taken as a charge against recreation leave, extended leave, flexitime or family and community service leave.

 

6.9.4   Where maternity or adoption leave does not apply, "other parent" leave is available to male and female employees who apply for leave to look after his/her child or children. Other parent leave applies as follows:

 

6.9.4.1           Short other parent leave - an unbroken period of up to 8 weeks at the time of the birth of the child or other termination of the spouse's or partner's pregnancy or, in the case of adoption, from the date of taking custody of the child or children;

 

6.9.4.2           Extended other parent leave - for a period not exceeding 12 months, less any short other parental leave already taken by the employee as provided for in paragraph 6.9.4.1 of this subclause. Extended other parental leave may commence at any time up to 2 years from the date of birth of the child or the taking of custody of the child.

 

6.9.5   An employee taking maternity or adoption leave is entitled to payment at the ordinary rate of pay for a period of up to 14 weeks, an employee entitled to short other parent leave is entitled to payment at the ordinary rate of pay for a period of up to 1 week, provided the employee:

 

6.9.5.1           Applied for parental leave within the time and in the manner determined set out in subclause 6.9.10 of this clause; and

 

6.9.5.2           Prior to the commencement of parental leave, completed not less than 40 weeks' continuous service.

 

6.9.5.3           Payment for the maternity, adoption or short other parent leave may be made as follows:

 

(a)      in advance as a lump sum; or

 

(b)      fortnightly as normal; or

 

(c)      fortnightly at half pay; or

 

(d)      a combination of full‑pay and half pay.

 

6.9.6   Payment for parental leave is at the rate applicable when the leave is taken. An Employee holding a full time position who is on part time leave without pay when they start parental leave is paid:

 

6.9.6.1           at the full time rate if they began part time leave 40 weeks or less before starting parental leave;

 

6.9.6.2           at the part time rate if they began part time leave more than 40 weeks before starting parental leave and have not changed their part time work arrangements for the 40 weeks;

 

6.9.6.3           at the rate based on the average number of weekly hours worked during the 40 week period if they have been on part time leave for more than 40 weeks but have changed their part time work arrangements during that period.

 

6.9.7   An employee who commences a subsequent period of maternity or adoption leave for another child within 24 months of commencing an initial period of maternity or adoption leave will be paid:

 

6.9.7.1           at the rate (full time or part time) they were paid before commencing the initial leave if they have not returned to work; or

 

6.9.7.2           at a rate based on the hours worked before the initial leave was taken, where the employee has returned to work and reduced their hours during the 24 month period; or

 

6.9.7.3           at a rate based on the hours worked prior to the subsequent period of leave where the employee  has not reduced their hours.

 

6.9.8   Except as provided in subclauses 6.9.5, 6.9.6 and 6.9.7 of this clause parental leave shall be granted without pay.

 

6.9.9   Right to request

 

6.9.9.1           An employee who has been granted parental leave in accordance with subclause 6.9.2, 6.9.3 or 6.9.4 of this clause may make a request to the Auditor-General to:

 

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

 

(b)      return from a period of full time parental leave on a part time basis until the child reaches school age (Note: returning to work from parental leave on a part time basis includes the option of returning to work on part time leave without pay);

 

to assist the employee in reconciling work and parental responsibilities.

 

6.9.9.2           The Auditor-General shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the Audit Office’s business.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

6.9.10  Notification Requirements

 

6.9.10.1         When the Audit Office is made aware that an employee or their spouse is pregnant or is adopting a child, the Audit Office must inform the employee of their entitlements and their obligations under the award.

 

6.9.10.2         An employee who wishes to take parental leave must notify the Audit Office in writing at least 8 weeks (or as soon as practicable) before the expected commencement of parental leave:

 

(a)      that she/he intends to take parental leave, and

 

(b)      the expected date of birth or the expected date of placement, and

 

(c)      if she/he is likely to make a request under subclause 6.9.9 of this clause.

 

6.9.10.3         At least 4 weeks before an employee's expected date of commencing parental leave they must advise:

 

(a)      the date on which the parental leave is intended to start, and

 

(b)      the period of leave to be taken.

 

6.9.10.4         Employee’s request and the Audit Office’s decision to be in writing

 

The employee’s request under paragraph 6.9.9.1 and the Audit Office’s decision made under paragraph 6.9.9.2 of this clause, must be recorded in writing.

 

6.9.10.5         An employee intending to request to return from parental leave on a part time basis or seek an additional period of leave of up to 12 months  must notify the Audit Office in writing as soon as practicable and preferably before beginning parental leave. If the notification is not given before commencing such leave, it may be given at any time up to 4 weeks before the proposed return on a part time basis, or later if the Audit Office agrees.

 

6.9.10.6         An employee on maternity leave is to notify the Audit Office of the date on which she gave birth as soon as she can conveniently do so.

 

6.9.10.7         An employee must notify the Audit Office as soon as practicable of any change in her intentions as a result of premature delivery or miscarriage.

 

6.9.10.8         An employee on maternity or adoption leave may change the period of leave or arrangement, once without the consent of the Audit Office and any number of times with the consent of the Audit Office. In each case she/he must give the Audit Office at least 14 days notice of the change unless the Audit Office decides otherwise.

 

6.9.11  An employee has the right to her/his former position if she/he has taken approved leave or part time work in accordance with subclause 6.9.9 of this clause, and she/he resumes duty immediately after the approved leave or work on a part time basis.

 

6.9.12  If the position occupied by the employee immediately prior to the taking of parental leave has ceased to exist, but there are other positions available that the employee  is qualified for and is capable of performing, the employee shall be appointed to a position of the same grade and classification as the employee’s former position.

 

6.9.13  An employee does not have a right to her/his former position during a period of return to work on a part time basis. If the Audit Office approves a return to work on a part time basis then the position occupied is to be at the same classification and grade as the former position.

 

6.9.14  An employee who has returned to full time duty without exhausting their entitlement to 12 months unpaid parental leave is entitled to revert back to such leave. This may be done once only, and a minimum of 4 weeks notice (or less if acceptable to the Audit Office) must be given.

 

6.9.15  An employee who is sick during her pregnancy may take available paid sick leave or accrued recreation or extended leave or sick leave without pay. An employee may apply for accrued recreation leave, extended leave or leave without pay before taking maternity leave. Any leave taken before maternity leave, ceases at the end of the working day immediately preceding the day she starts her nominated period of maternity leave or on the working day immediately preceding the date of birth of the child, whichever is sooner.

 

6.9.16  An employee may elect to take available recreation leave or extended leave within the period of parental leave provided this does not extend the total period of such leave.

 

6.9.17  An employee may elect to take available recreation leave at half pay in conjunction with parental leave provided that:

 

6.9.17.1         accrued recreation leave at the date leave commences is exhausted within the period of parental leave

 

6.9.17.2         the total period of parental leave, is not extended by the taking of recreation leave at half pay

 

6.9.17.3         When calculating other leave accruing during the period of recreation leave at half pay, the recreation leave at half pay shall be converted to the full time equivalent and treated as full pay leave for accrual of further recreation, extended and other leave at the full time rate.

 

6.9.18  If, for any reason, a pregnant employee is having difficulty in performing her normal duties or there is a risk to her health or to that of her unborn child the Audit Office, should, in consultation with the employee, take all reasonable measures to arrange for safer alternative duties. This may include, but is not limited to greater flexibility in when and where duties are carried out, a temporary change in duties, retraining, multi-skilling, teleworking and job redesign.

 

6.9.19  If such adjustments cannot reasonably be made, the Audit Office must grant the employee maternity leave, or any available sick leave, for as long as it is necessary to avoid exposure to that risk as certified by a medical practitioner, or until the child is born whichever is the earlier.

 

6.9.20  Communication during parental leave

 

6.9.20.1         Where a employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Audit Office shall take reasonable steps to:

 

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

 

(b)      provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

6.9.20.2         The employee shall take reasonable steps to inform the Audit Office about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part time basis.

 

6.9.20.3         The employee shall also notify the Audit Office of changes of address or other contact details which might affect the Audit Office’s capacity to comply with paragraph 6.9.20.1 of this subclause.

 

6.10.  Purchased Leave

 

6.10.1  An employee may apply to enter into an agreement with the Audit Office to purchase either 10 days (2 weeks) or 20 days (4 weeks) additional leave in a 12 month period.

 

6.10.1.1         Each application will be considered subject to operational requirements and personal needs and will take into account Audit Office business needs and work demands.

 

6.10.1.2         The leave must be taken in the 12 month period specified in the Purchased Leave Agreement and will not attract any leave loading.

 

6.10.1.3         The leave will count as service for all purposes.

 

6.10.2  The purchased leave will be funded through the reduction in the employee’s ordinary rate of pay. 

 

6.10.2.1         Purchased leave rate of pay means the rate of pay an employee receives when their ordinary salary rate has been reduced to cover the cost of purchased leave. 

 

6.10.2.2         To calculate the purchased leave rate of pay, the employee’s ordinary salary rate will  be reduced by the number of weeks of purchased leave and then annualised at a pro rata rate over the  12 month period.

 

6.10.3  Purchased leave is subject to the following provisions:

 

6.10.3.1         The purchased leave cannot be accrued and will be refunded where it has not been taken in the 12 month period.

 

6.10.3.2         Other leave taken during the 12 month purchased leave agreement period i.e. sick leave, recreation leave, extended leave or leave in lieu will be paid at the purchased leave rate of pay.

 

6.10.3.3         Sick leave cannot be taken during a period of purchased leave.

 

6.10.3.4         The purchased leave rate of pay will be the salary for all purposes including superannuation

 

6.10.3.5         Overtime and salary related allowances not paid during periods of recreation leave will be calculated using the employee’s hourly rate based on the ordinary rate of pay.

 

6.10.3.6         Higher Duties Allowance will not be paid when a period of purchased leave is taken.

 

6.11.  Recreation Leave

 

6.11.1  Accrual

 

6.11.1.1         Except where stated otherwise in this award, paid recreation leave for full time employees and recreation leave for employees working part time, accrues at the rate of 20 working days per year. Employees working part time shall accrue paid recreation leave on a pro rata basis, which will be determined on the average weekly hours worked per leave year.

 

6.11.1.2         Recreation leave accrues from day to day.

 

6.11.2  Limits on Accumulation and Direction to Take Leave

 

6.11.2.1         At least two (2) consecutive weeks of recreation leave shall be taken by an employee every 12 months, except by agreement with the Audit Office in special circumstances.

 

6.11.2.2         Where the operational requirements permit, the application for leave shall be dealt with by the Audit Office according to the wishes of the employee.

 

6.11.2.3         The Audit Office shall notify the employee in writing when accrued recreation leave reaches 6 weeks or its hourly equivalent and at the same time may direct an employee to take at least 2 weeks recreation leave within 3 months of the notification at a time convenient to the Audit Office.

 

6.11.2.4         The Audit Office shall notify the employee in writing when accrued recreation leave reaches 8 weeks or its hourly equivalent and direct the employee to take at least 2 weeks recreation leave within 6 weeks of the notification. Such leave is to be taken at a time convenient to the Audit Office.

 

6.11.2.5         An employee must take their recreation leave to reduce all balances below 8 weeks or its hourly equivalent, and the Audit Office must cooperate in this process.  The Department may direct an employee with more than 8 weeks to take their recreation leave

 

6.11.3  Conservation of Leave - If the Audit Office is satisfied that an employee is prevented by operational or personal reasons from taking sufficient recreation leave to reduce the accrued leave below an acceptable level of between 4 and 6 weeks or its hourly equivalent, the Audit Office shall:-

 

6.11.3.1         Specify in writing the period of time during which the excess shall be conserved; and

 

6.11.3.2         On the expiration of the period during which conservation of leave applies, grant sufficient leave to the employee at a mutually convenient time to enable the accrued leave to be reduced to an acceptable level below the 8 week limit.

 

6.11.3.3         The Audit Office will inform an employee in writing on a regular basis of the employee’s recreation leave accrual.

 

6.11.4  Miscellaneous

 

6.11.4.1         Unless a local arrangement has been negotiated between the Auditor-General and the Association, Recreation leave is not to be granted for a period less than a quarter-day or in other than multiples of a quarter day. 

 

6.11.4.2         Recreation leave for which an employee is eligible on cessation of employment is to be calculated to a quarter day (fractions less than a quarter being rounded up).

 

6.11.4.3         Recreation leave does not accrue to an employee in respect of any period of absence from duty without leave or without pay, except as specified in paragraph 6.11.4.4 of this subclause.

 

6.11.4.4         Recreation leave accrues during any period of leave without pay granted on account of incapacity for which compensation has been authorised to be paid under the Workers Compensation Act 1987; or any period of sick leave without pay or any other approved leave without pay, not exceeding 5 full time working days, or their part time equivalent, in any period of 12 months.

 

6.11.4.5         The proportionate deduction to be made in respect of the accrual of recreation leave on account of any period of absence referred to in paragraph 6.11.4.4 of this subclause shall be calculated to an exact quarter-day (fractions less than a quarter being rounded down).

 

6.11.4.6         Recreation leave accrues at half its normal accrual rate during periods of extended leave on half pay or recreation leave taken on half pay.

 

6.11.4.7         Recreation leave may be taken on half pay in conjunction with and subject to the provisions applying to adoption, maternity or parental leave - see Annexure 4,Clause 6.9, Parental Leave.

 

6.11.4.8         On cessation of employment, an employee is entitled to be paid, the money value of accrued recreation leave which remains untaken.

 

6.11.4.9         An employee to whom paragraph 6.11.4.8 of this subclause applies may elect to take all or part of accrued recreation leave which remains untaken at cessation of active duty as leave or as a lump sum payment; or as a combination of leave and lump sum payment.

 

6.11.5  Death -Where an employee dies, the monetary value of recreation leave accrued and remaining untaken as at the date of death, shall be paid to the employee's nominated beneficiary.

 

6.11.6  Where no beneficiary has been nominated, the monetary value of recreation leave is to be paid as follows:-

 

6.11.6.1         To the widow or widower of the employee; or

 

6.11.6.2         If there is no widow or widower, to the children of the employee or, if there is a guardian of any children entitled under this subclause, to that guardian for the children's maintenance, education and advancement; or

 

6.11.6.3         If there is no such widow, widower or children, to the person who, in the opinion of the Audit Office was, at the time of the employee's death, a dependent relative of the employee; or

 

6.11.6.4         If there is no person entitled under paragraphs 6.11.6.1, 6.11.6.2 or 6.11.6.3 of this subclause to receive the money value of any leave not taken or not completed by an employee or which would have accrued to the employee, the payment shall be made to the personal representative of the employee.

 

6.11.8  Recreation leave does not accrue during leave without pay other than

 

6.11.8.1         military leave taken without pay when paid military leave entitlements are exhausted;

 

6.11.8.2         absences due to natural emergencies or major transport disruptions, when all other paid leave is exhausted;

 

6.11.8.3         any continuous period of sick leave taken without pay when paid sick leave is exhausted;

 

6.11.8.4         incapacity for which compensation has been authorised under the Workplace Injury Management and Workers Compensation Act 1998; or

 

6.11.8.5         periods which when aggregated, do not exceed 5 working days in any period of 12 months.

 

6.12.  Sick Leave

 

6.12.1  Illness in this clause and in clauses 6.13 and 6.14 of this award means physical or psychological illness or injury, medical treatment and the period of recovery or rehabilitation from an illness or injury.

 

6.12.2  Payment for sick leave is subject to the employee:

 

6.12.2.1         Informing their manager as soon as reasonably practicable that they are unable to perform duty because of illness.  This must be done as close to the employee’s starting time as possible; and

 

6.12.2.2         Providing evidence of illness as soon as practicable if required by clause 6.13, Sick Leave - Requirements for Evidence of Illness of this award.

 

6.12.3  If the Audit Office is satisfied that an employee is unable to perform duty because of the employee's illness or the illness of his/her family member, the Audit Office:

 

6.12.3.1         Shall grant to the employee sick leave on full pay; and

 

6.12.3.2         May grant to the employee, sick leave without pay if the absence of the employee exceeds the entitlement of the employee under this award to sick leave on full pay.

 

6.12.4  The Audit Office may direct an employee to take sick leave if they are satisfied that, due to the employee’s illness, the employee:

 

6.12.4.1         is unable to carry out their duties without distress; or

 

6.12.4.2         risks further impairment of their health by reporting for duty; or

 

6.12.4.3         is a risk to the health, wellbeing or safety of other employees, Audit Office clients or members of the public.

 

6.12.5  The Audit Office may direct an employee to participate in a return to work program if the employee has been absent on a long period of sick leave.

 

6.12.6  Entitlements.  An employee appointed after 13 November 2008 commenced accruing sick leave in accordance with this clause immediately.  Existing employees at 13 November 2008 commenced accruing sick leave in accordance with this clause from 1 January 2009 onwards.

 

6.12.6.1         At the commencement of employment with the Public Service, a full-time employee is granted an accrual of 5 days sick leave.

 

6.12.6.2         After the first four months of employment, the employee shall accrue sick leave at the rate of 10 working days per year for the balance of the first year of service.

 

6.12.6.3         After the first year of service, the employee shall accrue sick leave day to day at the rate of 15 working days per year of service.

 

6.12.6.4         All continuous service as an employee in the NSW public service shall be taken into account for the purpose of calculating sick leave due. Where the service in the NSW public service is not continuous, previous periods of public service shall be taken into account for the purpose of calculating sick leave due if the previous sick leave records are available.

 

6.12.6.5         Notwithstanding the provisions of paragraph 6.12.6.4 of this subclause, sick leave accrued and not taken in the service of a public sector employer may be accessed in terms of the Public Sector Staff Mobility Policy.

 

6.12.6.6         Sick leave without pay shall count as service for the accrual of recreation leave and paid sick leave.  In all other respects sick leave without pay shall be treated in the same manner as leave without pay.

 

6.12.6.7         When determining the amount of sick leave accrued, sick leave granted on less than full pay, shall be converted to its full pay equivalent.

 

6.12.6.8         Paid sick leave shall not be granted during a period of unpaid leave.

 

6.12.7  Payment during the initial 3 months of service - Paid sick leave which may be granted to an employee, other than a seasonal or relief employee, in the first 3 months of service shall be limited to 5 days paid sick leave, unless the Audit Office approves otherwise. Paid sick leave in excess of 5 days granted in the first 3 months of service shall be supported by a satisfactory medical certificate.

 

6.12.8  Seasonal or relief employees - No paid sick leave shall be granted to temporary employees who are employed as seasonal or relief employees for a period of less than 3 months.

 

6.13.  Sick Leave - Requirements for Evidence of Illness

 

6.13.1  An employee absent from duty for more than 2 consecutive working days because of illness must furnish evidence of illness to the Audit Office in respect of the absence.

 

6.13.2  In addition to the requirements under Annexure 4, Clause 6.12.2, Sick Leave, an employee may absent themselves for a total of 5 working days per annum due to illness without the provision of evidence of illness to the Audit Office.  Employees who absent themselves in excess of 5 working days in a year may be required to furnish evidence of illness to the Audit Office for each occasion absent for the balance of the calendar year.

 

6.13.3  As a general practice backdated medical certificates will not be accepted.  However if an employee provides evidence of illness that only covers the latter part of the absence, they can be granted sick leave for the whole period if the Audit Office is satisfied that the reason for the absence is genuine.

 

6.13.4  If an employee is required to provide evidence of illness for an absence of 2 consecutive working days or less, the Audit Office will advise them in advance.

 

6.13.5  If the Audit Office is concerned about the diagnosis described in the evidence of illness produced by the employee, after discussion with the employee, the evidence provided and the employee's application for leave can be referred to a Workcover approved assessor for advice, in accordance with C2009-21 Transitional Arrangements Following Dissolution of HealthQuest.

 

6.13.5.1         The type of leave granted to the employee will be determined by the Audit Office based on the Workcover approved assessor’s advice.

 

6.13.5.2         If sick leave is not granted, the Audit Office will, as far as practicable, take into account the wishes of the employee when determining the type of leave granted.

 

6.13.6  The granting of paid sick leave shall be subject to the employee providing evidence which indicates the nature of illness or injury and the estimated duration of the absence.  If an employee is concerned about disclosing the nature of the illness to their manager they may elect to have the application for sick leave dealt with confidentially by an alternate manager or the human resources section of the Audit Office.

 

6.13.7  The reference in this clause to evidence of illness shall apply, as appropriate:

 

6.13.7.1         up to one week may be provided by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or, at the Audit Office’s discretion, another registered health services provider, or

 

6.13.7.2         where the absence exceeds one week, and unless the health provider listed in paragraph 6.13.7.1 of this subclause is also a registered medical practitioner, applications for any further sick leave must be supported by evidence of illness from a registered medical practitioner, or

 

6.13.7.3         at the Audit Office’s discretion, other forms of evidence that satisfy that an employee had a genuine illness.

 

6.13.8  If an employee who is absent on recreation leave or extended leave, furnishes to the Audit Office satisfactory evidence of illness in respect of an illness which occurred during the leave, the Audit Office may, subject to the provisions of this clause, grant sick leave to the employee as follows:

 

6.13.8.1         In respect of recreation leave, the period set out in the evidence of illness;

 

6.13.8.2         In respect of extended leave, the period set out in the evidence of illness if such period is 5 working days or more.

 

6.13.9  Subclause 6.13.8 of this clause applies to all employees other than those on leave prior to resignation or termination of services, unless the resignation or termination of services amounts to a retirement.

 

6.14.  Sick Leave to Care for a Family Member

 

6.14.1  Where family and community service leave provided for in Annexure 4, Clause 6.5, is exhausted or unavailable, an employee with responsibilities in relation to a category of person set out in subclause 6.14.4 of this clause who needs the employee's care and support, may elect to use available paid sick leave, subject to the conditions specified in this clause, to provide such care and support when a family member is ill.

 

6.14.2  The sick leave shall initially be taken from the sick leave accumulated over the previous 3 years. In special circumstances, the Audit Office may grant additional sick leave from the sick leave accumulated during the employee’s eligible service.

 

6.14.3  If required by the Audit Office to establish the illness of the person concerned, the employee must provide evidence consistent with Annexure 4, Clause 6.13.6, Sick Leave - Requirements for Evidence of Illness of this award.

 

6.14.4  The entitlement to use sick leave in accordance with this clause is subject to:-

 

6.14.4.1         The employee being responsible for the care and support of the person concerned; and

 

6.14.4.2         The person concerned being:-

 

(a)      a spouse of the employee; or

 

(b)      a de facto spouse being a person of the opposite sex to the employee who lives with the employee as her husband or his wife on a bona fide domestic basis although not legally married to that employee; or

 

(c)      a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the employee or of the spouse or de facto spouse of the employee; or

 

(d)      a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or a relative of the employee who is a member of the same household, where for the purposes of this definition:-

 

"relative" means a person related by blood, marriage, affinity or Aboriginal kinship structures;

 

"affinity" means a relationship that one spouse or partner has to the relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

6.15.  Sick Leave - Workers Compensation

 

6.15.1  The Audit Office shall advise each employee of the rights under the Workers Compensation Act 1987, as amended from time to time, and shall give such assistance and advice, as necessary, in the lodging of any claim.

 

6.15.2  An employee who is or becomes unable to attend for duty or to continue on duty in circumstances which may give the employee a right to claim compensation under the Workers Compensation Act 1987 shall be required to lodge a claim for any such compensation.

 

6.15.3  Where, due to the illness or injury, the employee is unable to lodge such a claim in person, the Audit Office shall assist the employee or the representative of the employee, as required, to lodge a claim for any such compensation.

 

6.15.4  The Audit Office will ensure that, once received by the Audit Office, an employee’s workers compensation claim is lodged with the workers compensation insurer within the statutory period prescribed in the Workers Compensation Act 1987.

 

6.15.5  Pending the determination of that claim and on production of an acceptable medical certificate, the Audit Office shall grant sick leave on full pay for which the employee is eligible followed, if necessary, by sick leave without pay or, at the employee's election by accrued recreation leave or extended leave.

 

6.15.6  If liability for the workers compensation claim is accepted, then an equivalent period of any sick leave taken by the employee pending acceptance of the claim shall be restored to the credit of the employee.

 

6.15.7  An employee who continues to receive compensation after the completion of the period of 26 weeks referred to in section 36 of the Workers Compensation Act 1987 may use any accrued and untaken sick leave to make up the difference between the amount of compensation payable under that Act and the employee's ordinary rate of pay. Sick leave utilised in this way shall be debited against the employee.

 

6.15.8  If an employee notifies the Audit Office that he or she does not intend to make a claim for any such compensation, the Audit Office shall consider the reasons for the employee's decision and shall determine whether, in the circumstances, it is appropriate to grant sick leave in respect of any such absence.

 

6.15.9  An employee may be required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act. If an employee refuses to submit to a medical examination without an acceptable reason, the employee shall not be granted available sick leave on full pay until the examination has occurred and a medical certificate is issued indicating that the employee is not fit to resume employment.

 

6.15.10          If the Audit Office provides the employee with employment which meets the terms and conditions specified in the medical certificate issued under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 and, without good reason, the employee fails, to resume or perform such duties, the employee shall be ineligible for all payments in accordance with this clause from the date of the refusal or failure.

 

6.15.11          No further sick leave shall be granted on full pay if there is a commutation of weekly payments of compensation by the payment of a lump sum pursuant to section 51 of the Workers Compensation Act 1987.

 

6.15.12          Nothing in this clause prevents an employee from appealing a decision or taking action under other legislation made in respect of:-

 

6.15.12.1       The employee's claim for workers compensation;

 

6.15.12.2       The conduct of a medical examination by a Government or other Medical Officer;

 

6.15.12.3       A medical certificate issued by the examining Government or other Medical Officer; or

 

6.15.12.4       Action taken by the Audit Office either under the Workers Compensation Act 1987 or any other relevant legislation in relation to a claim for workers compensation, medical examination or medical certificate.

 

6.16.  Sick Leave - Claims Other Than Workers Compensation

 

6.16.1  If the circumstances of any injury to or illness of an employee give rise to a claim for damages or to compensation, other than compensation under the Workers Compensation Act 1987, sick leave on full pay may, subject to and in accordance with this clause, be granted to the employee on completion of an acceptable undertaking that:-

 

6.16.1.1         Any such claim, if made, will include a claim for the value of any period of paid sick leave granted by the Audit Office to the employee; and

 

6.16.1.2         In the event that the employee receives or recovers damages or compensation pursuant to that claim for loss of salary or wages during any such period of sick leave, the employee will repay to the Audit Office the monetary value of any such period of sick leave.

 

6.16.2  Sick leave on full pay shall not be granted to an employee who refuses or fails to complete an undertaking, except in cases where the Audit Office is satisfied that the refusal or failure is unavoidable.

 

6.16.3  On repayment to the Audit Office of the monetary value of sick leave granted to the employee, sick leave equivalent to that repayment and calculated at the employee’s ordinary rate of pay, shall be restored to the credit of the employee.

 

6.17.  Special Leave

 

6.17.1  Special Leave - Jury Service

 

6.17.1.1         An employee shall, as soon as possible, notify the Audit Office of the details of any jury summons served on the employee.

 

6.17.1.2         An employee who, during any period when required to be on duty, attends a court in answer to a jury summons shall, upon return to duty after discharge from jury service, furnish to the Audit Office a certificate of attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendances by the employee during any such period and the details of any payment or payments made to the employee under section 72 of the Jury Act 1977 in respect of any such period.

 

6.17.1.3         When a certificate of attendance on jury service is received in respect of any period during which an employee was required to be on duty, the  Audit Office shall grant, in respect of any such period for which the employee has been paid out-of-pocket expenses only, special leave on full pay. In any other case, the Audit Office shall grant, at the sole election of the employee, available recreation leave on full pay, flex leave or leave without pay.

 

6.17.2  Witness at Court - Official Capacity - When an employee is subpoenaed or called as a witness in an official capacity, the employee shall be regarded as being on duty. Salary and any expenses properly and reasonably incurred by the employee in connection with the employee’s appearance at court as a witness in an official capacity shall be paid by the Audit Office.

 

6.17.3  Witness at Court - Other than in Official Capacity -Crown Witness - An employee who is subpoenaed or called as a witness by the Crown (whether in right of the Commonwealth or in right of any State or Territory of the Commonwealth) shall:

 

6.17.3.1         Be granted, for the whole of the period necessary to attend as such a witness, special leave on full pay; and

 

6.17.3.2         Pay into the Treasury of the State of New South Wales all money paid to the employee under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call.

 

6.17.3.3         Association Witness - an employee called by the Association to give evidence before an Industrial Tribunal or in another jurisdiction shall be granted special leave by the Audit Office for the required period.

 

6.17.4  Called as a witness in a private capacity - An employee who is subpoenaed or called as a witness in a private capacity shall, for the whole of the period necessary to attend as such a witness, be granted at the employee's election, available recreation leave on full pay or leave without pay.

 

6.17.5  Special Leave - Examinations -

 

6.17.5.1         Special leave on full pay up to a maximum of 5 days in any one year shall be granted to employees for the purpose of attending at any examination approved by the Audit Office.

 

6.17.5.2         Special leave granted to attend examinations shall include leave for any necessary travel to or from the place at which the examination is held.

 

6.17.5.3         If an examination for a course of study is held during term or semester within the normal class timetable and study time has been granted to the employee, no further leave is granted for any examination.

 

6.17.6  Special Leave - Union Activities - Special leave on full pay may be granted to employees who are accredited Association delegates to undertake Association activities as provided for in clause 54, Trade Union Activities Regarded as Special Leave of this award.

 

6.17.7  An employee who identifies as an Indigenous Australian shall be granted up to one day special leave per year to enable the employee to participate in the National Aborigines and Islander Day of Commemoration Celebrations. Leave can be taken at any time during NAIDOC week, or in the weeks leading up to and after NAIDOC week as negotiated between the supervisor and employee.

 

6.17.8  Special Leave - Other Purposes - Special leave on full pay may be granted to employees by the Audit Office for such other purposes, subject to the conditions specified in the NSW Government Personnel Handbook at the time the leave is taken.

 

6.17.9  Matters arising from domestic violence situations.

 

When the leave entitlements referred to in clause 6.18 Leave for Matters Arising From Domestic Violence have been exhausted, the Audit Office shall grant up to five days per calendar year to be used for absences from the workplace to attend to matters arising from domestic violence situations

 

6.18.  Leave for Matters Arising from Domestic Violence

 

6.18.1  The definition of domestic violence is found in clause 2, Definitions, of this award;

 

6.18.2  Leave entitlements provided for in clause 6.5 Family and Community Services Leave, 6.12 Sick Leave and 6.14, Sick Leave to Care for a Family Member, in Annexure 4 may be used by employees experiencing domestic violence;

 

6.18.3  Where the leave entitlements referred to in subclause 6.8.2 are exhausted, the Audit Office shall grant Special Leave as per clause 6.17.9;

 

6.18.4  The Audit Office will need to be satisfied, on reasonable grounds, that domestic violence has occurred and may require proof presented in the form of an agreed document issued by the Police Force, a Court, a Doctor, a Domestic Violence Support Service or Lawyer;

 

6.18.5  Personal information concerning domestic violence will be kept confidential by the Audit Office;

 

6.18.6  The Audit Office where appropriate, may facilitate flexible working arrangements subject to operational requirements, including changes to working times and changes to work location, telephone number and email address.

 

SECTION 7 - TRAINING AND PROFESSIONAL DEVELOPMENT

 

7.1.  Staff Development and Training Activities

 

7.1.1   For the purpose of this clause, the following shall be regarded as staff development and training activities:

 

7.1.1.1           All staff development courses conducted by a NSW Public Sector organisation;

 

7.1.1.2           Short educational and training courses conducted by generally recognised public or private educational bodies; and

 

7.1.1.3           Conferences, conventions, seminars, or similar activities conducted by professional, learned or other generally recognised societies, including Federal or State Government bodies.

 

7.1.2   For the purposes of this clause, the following shall not be regarded as staff development and training activities:-

 

7.1.2.1           Activities for which study assistance is appropriate;

 

7.1.2.2           Activities to which other provisions of this award apply (e.g. courses conducted by the Association); and

 

7.1.2.3           Activities which are of no specific relevance to the NSW Public Sector.

 

7.1.3   Attendance of an employee at activities considered by the Audit Office to be:

 

7.1.3.1           Essential for the efficient operation of the Audit office; or

 

7.1.3.2           Developmental and of benefit to the NSW public sector.

 

shall be regarded as on duty for the purpose of payment of salary if an employee attends such an activity during normal working hours.

 

7.1.4   The following provisions shall apply, as appropriate, to the activities considered to be essential for the efficient operation of the Audit Office:

 

7.1.4.1           Recognition that the employees are performing normal duties during the course;

 

7.1.4.2           Adjustment for the hours so worked under flexible working hours;

 

7.1.4.3           Payment of course fees;

 

7.1.4.4           Payment of all actual necessary expenses or payment of allowances in accordance with this award, provided that the expenses involved do not form part of the course and have not been included in the course fees; and

 

7.1.4.5           Payment of overtime where the activity could not be conducted during the employee's normal hours and the Audit Office is satisfied that the approval to attend constitutes a direction to work overtime under Part A, Clause 10.

 

7.1.5   The following provisions shall apply, as appropriate, to the activities considered to be developmental and of benefit to the Audit Office:

 

7.1.5.1           Recognition of the employee as being on duty during normal working hours whilst attending the activity;

 

7.1.5.2           Payment of course fees;

 

7.1.5.3           Reimbursement of any actual necessary expenses incurred by the employee for travel costs, meals and accommodation, provided that the expenses have not been paid as part of the course fee; and

 

7.1.5.4           Such other conditions as may be considered appropriate by the Audit Office given the circumstances of attending at the activity, such as compensatory leave for excess travel or payment of travelling expenses.

 

7.1.6   Where the training activities are considered to be principally of benefit to the employee and of indirect benefit to the Audit Office, special leave of up to 10 days per year shall be granted to an employee. If additional leave is required and the Audit Office is able to release the employee, such leave shall be granted as a charge against available flex leave, recreation/extended leave or as leave without pay.

 

7.1.7   Higher Duties Allowance - Payment of a Higher Duties Allowance is to Continue Where the Employee Attends a Training Or Developmental Activity Whilst on Duty in Accordance With This Clause.

 

SECTION 8 - SHIFT WORK AND OVERTIME

 

8.1.  Recall to Duty

 

8.1.1   An employee recalled to work overtime after leaving the Audit Office premises shall be paid for a minimum of three (3) hours work at the appropriate overtime rates.

 

8.1.2   The employee shall not be required to work the full three (3) hours if the job can be completed within a shorter period.

 

8.1.3   When an employee returns to the place of work on a number of occasions in the same day and the first or subsequent minimum pay period overlap into the next call out period, payment shall be calculated from the commencement of the first recall until either the end of duty or three (3) hours from the commencement of the last recall, whichever is the greater. Such time shall be calculated as one continuous period.

 

8.1.4   When an employee returns to the place of work on a second or subsequent occasion and a period of three (3) hours has elapsed since the employee was last recalled, overtime shall only be paid for the actual time worked in the first and subsequent periods with the minimum payment provision only being applied to the last recall on the day.

 

8.1.5   A recall to duty commences when the employee starts work and terminates when the work is completed. A recall to duty does not include time spent travelling to and from the place at which work is to be undertaken.

 

8.1.6   An employee recalled to duty within three (3) hours of the commencement of usual hours of duty shall be paid at the appropriate overtime rate from the time of recall to the time of commencement of such normal work.

 

8.1.7   This clause shall not apply in cases where it is customary for an employee to return to the Audit Office’s premises to perform a specific job outside the employee’s ordinary hours of duty, or where overtime is continuous with the completion or commencement of ordinary hours of duty. Overtime worked in these circumstances shall not attract the minimum payment of three (3) hours unless the actual time worked is three (3) or more hours.

 

8.2.  On-Call (Stand-By) and on-Call Allowance

 

8.2.1   Unless already eligible for an on-call allowance under another industrial instrument, an employee shall be:

 

8.2.1.1           Entitled to be paid the on call allowance set out in Annexure 4, Part 2 Monetary Rates when directed by the Audit Office to be on call or on standby for a possible recall to duty outside the employee's working hours;

 

8.2.1.2           If an employee who is on call and is called out by the Audit Office, the overtime provisions as set out Part A, Clause 10, shall apply to the time worked;

 

8.2.1.3           Where work problems are resolved without travel to the place of work whether on a weekday, weekend or public holiday, work performed shall be compensated at ordinary time for the time actually worked, calculated to the next 15 minutes.

 

8.3.  Overtime Meal Breaks

 

8.3.2   Employee working flexible hours - An employee required to work overtime on weekdays beyond 7 p.m. and until or beyond eight and a half hours after commencing duty plus the time taken for lunch, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every five hours of overtime worked.

 

8.3.3   Employees Generally - An employee required to work overtime on a Saturday, Sunday or Public Holiday, shall be allowed 30 minutes for a meal after every five hours of overtime worked. An employee who is unable to take a meal break and who works for more than five hours shall be given a meal break at the earliest opportunity.

 

8.4.  Overtime Meal Allowances

 

8.4.1   If an adequate meal is not provided by the Audit Office, a meal allowance shall be paid by the Department at the appropriate rate specified in the relevant Department of Premier and Cabinet Circular on Allowances as specified from time to time, provided the Audit Office is satisfied that:

 

8.4.1.1           the time worked is directed overtime;

 

8.4.1.2           the employee properly and reasonably incurred expenditure in obtaining the meal in respect of which the allowance is sought;

 

8.4.1.3           where the employee was able to cease duty for at least 30 minutes before or during the working of overtime to take the meal, the employee did so; and

 

8.4.1.4           overtime is not being paid in respect of the time taken for a meal break.

 

8.4.2   Where an allowance payable under this clause is insufficient to reimburse the employee the cost of a meal, properly and reasonably incurred, the Audit Office shall approve payment of actual expenses.

 

8.4.3   Where a meal was not purchased, payment of a meal allowance shall not be made.

 

8.4.4   Receipts shall be provided to the Audit Office or his/her delegate in support of any claims for additional expenses or when the employee is required to substantiate the claim.

 

8.4.5   Notwithstanding the above provisions, nothing in this clause shall prevent the Audit Office and the Association from negotiating different meal provisions.

 

8.5.  Provision of Transport in Conjunction With Working of Overtime

 

8.5.1   For the purpose of this clause, departure or arrival after 8.00 p.m. will determine whether the provisions of this clause apply.

 

Departure or arrival after 8.00 p.m. of an employee on overtime or a regular or rotating shift roster does not in itself warrant the provision of transport. It needs to be demonstrated that the normal means of transport, public or otherwise, is not reasonably available and/or that travel by such means of transport places the safety of the employee at risk.

 

The responsibility of deciding whether the provision of assistance with transport is warranted in the circumstances set out above rests with the Audit Office business unit  where knowledge of each particular situation will enable appropriate judgements to be made.

 

8.5.2   Arrangement of Overtime - Where overtime is required to be performed, it should be arranged, as far as is reasonably possible, so that the employee can use public transport or other normal means of transport to and from work.

 

8.5.3   Provision of Taxis - Where an employee ceases overtime duty after 8.00 p.m. and public transport or other normal means of transport is not reasonably available, arrangements may be made for transport home or to be provided by way of taxi.

 

SECTION 9 - MISCELLANEOUS

 

9.1.  Existing Entitlements

 

The provisions of this Annexure shall not affect any entitlements existing in the Audit Office at the time this award is made, if such provisions are better than the provisions contained in this award. Such entitlements are hereby expressly preserved until renegotiated with the Association.

 

PART 2

 

MONETARY RATES

 

Allowances are paid consistent with those published annually that are, at the time of entering into this award, are included in NSW Department of Premier & Cabinet Memorandum C2009-28, Review of Meal, Travelling and Other Allowances.

 

Table 1 - Allowances

 

As specified in the relevant Department of Premier and Cabinet circular on Allowances as issued from time to time.

 

 

 

 

C. G. STAFF  J.

 

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.