Crown Employees (Jenolan Caves Reserve Trust)
Salaries Award 2016
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00007055)
Before Commissioner Stanton
|
2 August 2016
|
REVIEWED
AWARD
1. Arrangement
1. Arrangement
2. Title of
Award
3. Definitions
4. Parties
5. Intentions
6. Salaries
7. Loadings
8. Allowances
9. Hours
10. Rosters -
Visitor Services Employees
11. Shift Work
- Visitor Services Employees
12. Rest
Breaks
13. Temporary
Employees
14. Casual
Employment
14A. School Based
Apprentices
15. Overtime
16. Assignments
17. Consultation
18. Grievance
Procedures
19. Anti-Discrimination
20. Association
Subscriptions
21. Savings
22. Area,
Incidence and Duration
SCHEDULE A - BASE SALARY LEVELS
SCHEDULE B - COMPETENCY LEVELS
SCHEDULE C - LOADINGS
SUPPLEMENTARY SCHEDULE C1
SUPPLEMENTARY SCHEDULE C2
SCHEDULE D - CASH ALLOWANCES
SCHEDULE E - OTHER CASUAL ENTITLEMENTS
2. Title of
Award
This Award shall be known as the Crown Employees (Jenolan
Caves Reserve Trust) Salaries Award 2016.
3. Definitions
"Trust" shall mean the Jenolan Caves Reserve
Trust, constituted under the Government Sector Employment Act 2013.
"Employee" shall mean any person engaged to work
for the Jenolan Caves Reserve Trust, under the provisions of the Government
Sector Employment Act 2013.
"Temporary Employee" shall mean a person who is
engaged for a period of time to undertake a specific task and/or is required to
regularly work a number of ordinary hours each week.
"Casual Employee" shall mean a person engaged and
paid as such, where leave benefits do not accrue but are recognised in an enhanced
rate of pay.
"Association" shall mean the Public Service and
Professional Officers’ Association Amalgamated Union of New South Wales.
"Union" shall mean The Australian Workers' Union,
New South Wales, the Electrical Trades Union of Australia, New South Wales
Branch, the Automotive, Food, Metals, Engineering, Printing and Kindred
Industries Union, New South Wales Branch, and the Construction, Forestry,
Mining and Energy Union, New South Wales Branch.
"Administrative Service Employees" shall mean all
persons employed to provide administrative, technical, resource and management
services for the Trust, who are employed to work on a 35-hour a week basis.
"Visitor Services Employees" shall mean all
persons employed to directly provide for the maintenance or interpretation of
the Karst Reserve to the public, who are employed to work on a 38-hour a week
basis.
"Director" shall mean the General Manager of the
Jenolan Caves Reserve Trust.
"Base Rate" shall mean the rates of pay as set out
in Schedule A.
4. Parties
This Award has been entered into by the Jenolan Caves
Reserve Trust of the one part and the Public Service Association and
Professional Officers’ Association Amalgamated Union of New South Wales
(hereinafter referred to as the "Association") representing all
employees not employed as maintenance officers or tradespersons, the Australian
Workers' Union, New South Wales, the Electrical Trades Union of Australia, New
South Wales Branch, the Automotive, Food, Metals, Engineering, Printing and Kindred
Industries Union, New South Wales Branch, and the Construction, Forestry,
Mining and Energy Union, New South Wales Branch (hereinafter referred to as the
"unions") representing labourers and tradespersons, of the other
part.
5. Intentions
5.1 It is the
intention of the parties that the Award will partially regulate the terms and
conditions of employment of employees, through the consolidation and
annualisation of wages and salaries.
5.2 The
annualisation of payments to employees involves the consolidation of payments
for:
(a) penalty rates
for working weekends (including Saturdays and Sundays) and public holidays per
year;
(b) shift
allowances and various trades allowances;
(c) annual leave
loading.
5.3 The parties to
this Award agree that the Award will provide for improved efficiencies as set
out in Schedule F in the operation, maintenance and display of caves in the
Reserve, while creating a better paid and more interesting working environment
through training and skills acquisition for employees, while providing a wider
range of tasks through opportunities to work in different job classifications.
6. Salaries
6.1 Salaries shall
be those as set out in Schedule A of this Award.
6.2 The annual
salary in the said Schedule A shall be paid for the purposes of superannuation
and all paid leave, except as provided in sub-clause 6.3 of this clause.
6.3 Extended leave
will be paid at the base rate as set out in Schedule A of the role the employee
is occupying at the time the leave is taken.
7. Loadings
7.1 Visitor
Services Employees who work 42 weekends or less shall not be rostered to work
more than ten consecutive weekends, unless the employee agrees to do so.
7.2 Schedule C of
this Award particularises the loadings which, when added to the base rate,
shall form the annual salary.
7.3 Employees
(other than casual employees) referred to in Schedule C1, who agree to work
more weekends and public holidays than those prescribed, will be paid penalty
rates on the base rate as follows for working on a:
(a) Saturday - a
50% loading for each additional day worked.
(b) Sunday - a 75%
loading for each additional day worked.
(c) Public holiday
- a 150% loading for each additional day worked.
7.4 Employees
referred to in Schedule C1 who agree to work more weekends and/or public
holidays than those prescribed, will be paid an additional loading component
with any loading component to which they may already be entitled, on the
following bases:
Number of additional ordinary shifts worked on
Sundays and/or public holidays in any 12-month
period commencing with this Award
|
Additional Payment
|
4-10
|
1/5 of one week's ordinary salary
|
11-17
|
2/5 of one week's ordinary salary
|
18-24
|
3/5 of one week's ordinary salary
|
25-31
|
4/5 of one week's ordinary salary
|
32 or more
|
one week's ordinary salary
|
7.5 Where, as a
consequence of being on leave without pay, an employee has not worked the
number of weekends and/or public holidays prescribed, the employee will have
the relevant component to which they may not be entitled deducted from salary
on the basis of the table above.
7.6 The salary
deduction referred to in sub-clause 7.5 shall be commenced in December of each
year by the second pay day, and shall not be deducted at a rate greater than
five per cent of the employee's gross fortnightly pay.
7.7 The additional
payment referred to in sub-clauses 7.3 and 7.4 shall be made by the second pay
day in December of each year, provided that:
(a) where the
employment of an employee is terminated or that employee retires, the employee
shall be entitled to be paid the payment accrued under sub-clauses 7.3 and 7.4
on a pro rata basis from the commencement of the first pay day in December of
each year, until the date of termination or retirement; and
(b) payment shall
be at the rate applying as at the date of termination or retirement.
8. Allowances
8.1 With the
exception of allowances listed herein or in Schedule C2 of this Award, all
allowances contained within the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 shall be paid as applicable.
8.2 The allowances
paid to employees for utilising basic skills, occupying key roles and being
"on call" as required, are set out in Schedule C.
8.3 A Chokage
Allowance, as prescribed by the Crown Employees (Skilled Trades) Award, which
is not included for employees in Schedule C2, shall be paid to employees on an
incidence basis.
9. Hours
9.1
9.1.1 Flexible Leave -
The parties agree that an appropriate level of service be maintained between
the hours of 8:30 a.m. and 5:00 p.m. on weekdays.
9.1.2 "Ordinary
hours of work" shall mean:
(a) for
Administration Services employees, 35 hours per week over a 140-hour, four-week
cycle, Monday to Friday; and
(b) for Visitor
Services employees, 38 hours per week over a 152-hour, four-week cycle, Tuesday
to Monday.
9.1.3 "Bandwidth"
shall mean the times of day between which the ordinary hours of work may be
carried out. Those hours being the 12 hours between 7:00 a.m. and 7:00 p.m.
9.1.4 "Core
time" shall mean:
(a) for
Administration Services employees, the period of time when an employee must be
on duty, being between the hours of 9:30 a.m. and 3:30 p.m., exclusive of the
meal break.
(b) for Visitor
Services employees:
(i) for employees
employed to provide for the interpretation of the Caves Reserve, 9:30 a.m. to
4:30 p.m., exclusive of a meal break; and
(ii) for employees
employed to provide for the maintenance of the Caves Reserve infrastructure, a
continuous period of a minimum of seven hours, inclusive of the meal break,
commencing before 9:30 a.m.
9.1.5 The Trust may
require an employee to perform duty beyond the hours determined under paragraph
9.1.3 of this clause for employees working a flexible working hours scheme and
for employees working a shift, all work performed in excess of 7.6 hours, but
only if it is reasonable for the employee to be required to do so. An employee
may refuse to work additional hours in circumstances where the working of such
hours 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
employee health and safety;
(c) the urgency of
the work required to be performed during additional hours, the impact on the
operational commitments of the organisation and the effect on client services;
(d) the notice (if
any) given by the Trust regarding the working of the additional hours, and by
the employee of their intention to refuse the working of additional hours; or
(e) any other
relevant matter.
9.1.6 "Meal
break" shall mean an employee is entitled to a lunch break between the
hours of 11:30 a.m. and 2:30 p.m. of not less than 30 minutes. If the employee
wishes to substantially extend the lunch break beyond one hour they must, in
agreement with their supervisor, ensure the extension will not prevent an
appropriate level of service being maintained.
9.1.6.1 For
employees conducting tours which are programmed to last more than five hours,
or in cases of emergency, causing the tour to last more than five hours, they
shall have a period of 30 minutes added to the time recorded as having been
worked on that day.
9.1.7 At the end of
each four-week cycle, a maximum of 10 hours debit or 14 hours credit may be
carried into the next four-week cycle. Hours in excess of a credit of 14 hours
will be forfeited. Hours in excess of a
debit of 10 hours will be debited against accrued annual or extended leave in
multiples of one quarter day.
9.1.8 An employee may
have one full day, plus one half day, or three half days flexible leave in a
four- week cycle, with the prior approval of their supervisor.
9.1.9 An employee who
is unable to take flexible leave in any four-week cycle may "carry
over" a leave entitlement of one day or a half day into the next
cycle. A maximum of five days’ flexible
leave may be carried over in this manner into the next cycle.
9.1.10 Where flexible
leave is carried over, the hours for the flexible leave carried over shall not
be included as credit hours for the purpose of paragraph 9.1.6.
9.1.11 Accumulated flexible
leave, which is carried over, may be taken in a block with the prior approval
of the supervisor.
9.1.12 All flexible leave
is to be taken between Monday and Friday, inclusive, excluding public holidays.
9.2 No employee
shall be required to work for a period of more than five hours continuously
without having a meal break. A morning
or afternoon tea break does not breach a continuous period of work.
9.2.1 There shall be a
paid morning tea break of ten minutes within the five hours of commencing work.
An afternoon tea break may be taken during the afternoon in the course of the
employees continuing their normal duties.
9.3 Employees will
be provided with four clear rest days in each two-week period.
10. Rosters -
Visitor Services Employees
10.1 For roster
purposes, the work week shall be Tuesday to Monday, inclusive.
10.2 "Roster"
shall mean a written list of days of the week on which employees are required
to work. This list includes the time of day on which an employee is required to
commence duties.
10.3 "Daily Work
Program" shall mean the allocation of duties to be carried out by
employees on a daily basis, including a specified meal break.
10.4 "Usual Work
Hours" shall mean a period of 7.6 consecutive hours from the prescribed
starting time worked on any one day, which is exclusive of the meal break.
10.5 The two-week
roster of shifts for Visitor Services employees will have regard to the needs
of the Trust, employees and provision of services to customers.
10.6 There shall be a
specified meal break of not less than 30 minutes. Such meal break shall be
taken no later than five hours after the commencement of work.
10.7 A two-week work
roster of shifts and days should be set in writing and displayed at least two
weeks before the roster period starts.
10.8 Where the
two-week roster referred to above is not set in writing and displayed at least
two weeks before the roster period starts, agreement on the details of the work
roster will be reached between the employees and management of a work area
prior to it being finalised in writing and displayed.
10.9 A roster of
shifts may be varied at any time by mutual consent or in exceptional
circumstances on 12 hours’ notice, if rendered necessary by the absence of
employees from duty or shortage of employees, or emergency circumstances
involving rescue or disaster or short notice tour bookings.
10.10 Rosters shall be
designed so as to allow for a break of a minimum of ten consecutive hours
between the finish and commencement of ordinary work hours.
10.11 Permanent changes
to the annual pattern of rosters for an employee, or a specific job not covered
by the provisions of this Award, will be done in accordance with the
consultative procedure with the Association/union and the members concerned,
prior to implementation.
10.12
10.12.1 For
ongoing and temporary Guides, the maximum number of cave inspections shall be
132 in any eight- week period, up to a maximum of four per day.
10.12.2 This
may include showing up to four caves in a day, except that a Guide will not be
required (unless by agreement with the Guide) to show more than two two-hour or
three-hour adventure tours or more than two River, Jubilee or extended tours,
or three Lucas tours in one day.
10.13 For the purpose of
designing the daily work program, the time taken for group preparation is to be
included in the allocated time to conduct an adventure tour.
10.14 No employee will
spend more than 1,000 hours underground in any period 1 April - 31 March. This
amount may be varied by agreement between the parties.
11. Shift Work -
Visitor Services Employees
11.1 "Shift"
shall mean a work period of 7.6 hours which an employee is rostered to work,
which commences at or after 10:00 a.m. on a working day.
11.2 The number of
shifts listed in Schedule C2 shall be rostered on an annual basis and are
included in the annual salary for the purposes of this Award.
11.3 Employees
rostered to work a shift shall have a lunch period of one hour.
11.4 Employees
rostered to work a shift shall not be able to utilise flexible work hours
arrangements while working that shift.
11.5 Shift starting
and finishing times and meal breaks shall be strictly adhered to.
11.6 For the purposes
of this clause, employees shall be paid the following allowance once they work
a shift (in the case of employees referred to in sub-clause 11.2, a shift in
excess of the number of shifts specified therein).
Shift
|
Commencing Time
|
Payment for Shift
in
Addition to Base
Rate
|
Day
|
At or after 6:00 a.m. and before 10:00 a.m.
|
Nil
|
Afternoon (early)
|
At or after 10:00 a.m. and before 1:00 p.m.
|
10%
|
Afternoon (late)
|
At or after 1:00 p.m. and before 4:00 p.m.
|
12.5%
|
Night
|
At or after 4:00 p.m. and before 4:00 a.m.
|
15%
|
Night
|
At or after 4:00 a.m. and before 6:00 a.m.
|
10%
|
11.7 Where employees
are engaged on shift work, they shall be rostered on a rotating basis.
11.8 Provided that
shift allowances for employees referred to in sub-clause 11.6 shall not be paid
in respect of work done at weekends or on public holidays.
12. Rest Breaks
12.1 There shall be a
break of at least ten consecutive hours between employees’ ordinary shifts.
12.2 Employees
required to continue to work after rostered finishing times are required to
have a rest break of at least ten consecutive hours before commencing work, and
to be paid for any ordinary working time occurring during such absence.
12.3 Where employees
are directed to commence work without having their required rest break, they
will be paid overtime rates until they are released from duty for the ten-hour
period, and shall be entitled to be absent until the employee has had ten
consecutive hours off duty, without loss of pay, for ordinary working time
occurring during such absence.
13. Temporary
Employees
Where an employee remains available for further ongoing
temporary employment with the Trust, the Trust shall preserve their accumulated
leave entitlement with the Trust and carry it over to the next period of
employment, on an annual basis.
14. Casual
Employment
14.1 Casual employees
will be paid fortnightly, or at the termination of employment, whichever is the
earlier, for the hours worked.
14.2 The casual
hourly rate shall be determined by adding 20 per cent to the base hourly rate.
14.3 The base hourly
rate will be determined by the following formulae:
Base Rate
|
X
|
5
|
X
|
1
|
1
|
260.8929
|
Number of ordinary
hours of work per week
|
14.4 The rate of pay
for casual employees shall be, for work:
Monday to Friday.
|
The casual hourly
rate
|
Saturday
|
The casual hourly
rate + 50 per cent
|
Sunday
|
The casual hourly
rate + 75 per cent
|
Public Holidays
|
The casual hourly
rate + 150 per cent
|
14.5 Assignment to a
higher starting salary point within a salary scale, other than the base grade
Year 1, may be determined by the Director, following assessment of the
successful applicant's educational qualifications, work experience in a related
field and/or relevant skill level and competencies in respect of the role to
which they are assigned.
14.6 The loading
payable to casuals is in lieu of all leave entitlements.
14.7 Casual visitor
services employees are entitled to be paid overtime for time worked in excess
of ten hours per day.
14.8 Overtime
payments are calculated on the base hourly rate referred to in sub-clause 14.3.
14.9 Casual employees
shall be engaged for a minimum of three consecutive hours.
14.10 Casual employees
shall not be entitled to flexible leave arrangements.
14.11 Casuals shall also
receive the following entitlements in accordance with the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2009:
(a) Unpaid
parental leave in accordance with paragraph 12(iv)(d);
(b) Personal
Carer’s entitlement in accordance with sub-clause 12(v); and
(c) Bereavement
entitlement in accordance with sub-clause 12(vi).
14A. School Based
Apprentices
14A.1 Definition
A school based apprentice is an employee who is
undertaking an apprenticeship under a training contract while also enrolled in
the Higher School Certificate.
14A.2 Wages
(a) The hourly
rates for full-time apprentices as set out in this Award shall apply to school
based apprentices for total hours worked including time deemed to be spent in
off-the-job training.
(b) For the
purposes of paragraph (a) of this sub-clause, where a school based apprentice
is a full-time school student, the time spent in off-the-job training for which
the school based apprentice is paid is deemed to be 25 per cent of the actual
hours worked on-the-job each week.
(c) The wages paid
for training time may be averaged over the school term or year.
(d) Where this
Award specifies a weekly rate for full-time apprentices, the hourly rate shall
be calculated by dividing the applicable weekly rate by 38.
14A.3 Progression
Through the Wage Structure
(a) School based
apprentices progress through the wage scale at the rate of 12 months’
progression for each two years of employment as an apprentice.
(b) The rates of
pay are based on a standard apprenticeship of four years. The rate of progression reflects the average
rate of skill acquisition expected from the typical combination of work and
training for a school based apprentice undertaking the applicable
apprenticeship.
14A.4 Conversion from a
school based apprentice to a full-time apprenticeship
Where an apprentice converts from a school based to a
full-time apprenticeship, all time spent as a full-time apprentice counts for
the purpose of progression through the wage scale set out in this Award. This progression applies in addition to the
progression achieved as a school based apprentice.
14A.5 Conditions of
Employment
Except as provided by this clause, school based
apprentices are entitled to pro rata entitlements of all other conditions of
employment contained in this Award.
15. Overtime
15.1 Definitions
15.1.1 "Overtime"
shall mean:
(a) for employees
working a flexible working hours scheme, all time worked outside the flexible
hours bandwidth or all time worked within the flexible hours bandwidth in
excess of ten hours per day where such work is at the direction of the Trust;
and
(b) for employees
working a shift, all work performed in excess of 7.6 hours where such excess
work is at the direction of the Trust.
15.2 An employee may
be directed by the Trust 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 the working of such overtime 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
employee 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 Trust regarding the working of the overtime, and by the
employee of their intention to refuse overtime; or
(e) any other
relevant matter.
15.3 Rates -
Overtime, when worked on the days prescribed, shall be paid for at the following
rates:
(a) for all
overtime worked 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 until
relieved from duty;
(b) for 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) for all
overtime worked on a Sunday, at the rate of double time; and
(d) for all
overtime worked on a public holiday, at the rate of double time and one-half,
i.e. ordinary rates and one-half in addition to salary.
Provided that:
(i) Overtime
rates are not paid for meal times.
(ii) An employee
receiving a salary in excess of the salary of a Level 6 as above, shall only
receive overtime payments calculated on the basis of the salary of a 1st year
rate of Level 6.
(iii) An employee
who works overtime on a Saturday, Sunday or public holiday shall be paid a
minimum payment as for three hours' work at the base rate as prescribed by this
Award.
15.4 Call Back
(a) An employee
recalled to work overtime after leaving the employer’s premises shall be paid
for a minimum of three hours' work at the appropriate overtime rates.
(b) The employee
shall not be required to work the full three hours if the job can be completed
within a shorter period.
(c) 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 overlaps 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 hours from the commencement of the last
recall, whichever is the greater. Such
time shall be calculated as one continuous period.
(d) When an
employee returns to the place of work on a second or subsequent occasion and a
period of three 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.
(e) 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.
Where overtime actually worked because of a call out(s)
totals less than three hours between the prescribed finishing time and
prescribed starting time, shall not be regarded as time worked for the purposes
of clause 12 - Rest Breaks, where the actual time worked is less than three
hours.
15.5 Calculation
(a) Overtime shall
not be paid for periods of less than one quarter of an hour.
(b) The formula
for the calculation of overtime at ordinary rates shall be:
Base Rate
|
X
|
5
|
X
|
1
|
1
|
260.8929
|
Number of ordinary
hours of work per week
|
15.6 Meal Allowance
(a) An employee,
whether entitled to payment of overtime or not, who properly and reasonably
incurs expenses in obtaining a meal, shall be paid the relevant meal allowance
in accordance with the overtime meal allowances in Part B, Monetary Rates, of
the Crown Employees (Public Service Conditions of Employment) Reviewed Award
2009:
(i) for breakfast
when, without 12 hours’ notice, required to commence work at or before 6:00
a.m. and at least one hour before the prescribed starting time; and
(ii) for an
evening meal
(1) in the case of
an employee not working under a flexible working hours' scheme who is required
to work beyond 6:00 p.m. and for at least 1.5 hours after the prescribed
ceasing time; or
(2) in the case of
an employee working under a flexible working hours' scheme who is required to
work beyond 6:00 p.m. and beyond the prescribed ceasing time
(b) An employee
required to work overtime on a Saturday, Sunday or public holiday:
(i) in the case
of an employee whose starting time is not later than 8:30 a.m. and who is
required to work until or beyond 1:30 p.m.; or
(ii) in the case
of an employee whose starting time is later than 8:30 a.m. and who is required
to work until or beyond 2:00 p.m.
(c) An employee
shall not be entitled to the allowances prescribed under this clause unless the
performance of the work concerned at the time at which it was performed was
necessary.
15.7 Adjustment of
Allowances - Where an allowance under sub-clause 15.6 - Meal Allowance, is
insufficient to adequately reimburse the officer for expenses properly and
reasonably incurred, a further allowance may be paid so as to reimburse the
officer or employee for the additional expenses incurred.
16. Assignments
16.1 Assignments to a
role will be in accordance with the provisions of the Government Sector
Employment Act 2013, in as much as it applies to employees of the Trust.
16.2 Assignment to
the salary scales will be in accordance with Schedule B of this Award.
16.3 Assignment to a
higher starting salary point within a salary scale, other than Year 1, may be
determined by the General Manager, following assessment of the successful
applicant's educational qualifications, work experience in a related field
and/or relevant skill level and competencies in respect of the role to which
they are appointed.
17. Consultation
17.1 Consultative
Arrangements - The Trust, Association and Unions agree to continued
consultation to ensure the implementation of flexible work patterns with the
view to achieving world best practice, efficiency and increased job
satisfaction.
17.2 Joint
Consultative Committee
17.2.1 A Joint
Consultative Committee shall be established comprising the Trust, the
Association and the Unions for the purpose of facilitating a constructive
exchange of information, to monitor the impact of this Award and survey any
difficulties which may arise from its implementation.
17.2.2 The Joint
Consultative Committee shall be comprised of the Trust’s General Manager and up
to four additional management representatives, and up to six representatives
(employees and elected members) of the Association/Unions.
17.2.3 The Joint
Consultative Committee will also consider workplace changes and productivity
improvements put forward by employees, Association/Unions or management.
17.2.4 The Joint
Consultative Committee shall be required to meet on a regular basis, being no
less often than four times per year.
17.3 A working
committee will be established between the Trust and the Association/Unions to
ensure the development of career paths, the acquisition of appropriate skills,
competencies and qualifications of employees.
17.3.1 The working
committee will comprise at least two employer representatives and at least two
representatives nominated by the Association/Unions.
18. Grievance
Procedures
18.1 When any
grievance or dispute arises at the workplace, the employee(s) concerned will
take the matter up with their immediate supervisor. The supervisor is to be
given the opportunity to investigate the matter and provide a response to the
grievance or claim. The supervisor will advise the employee(s) concerned,
within 24 hours of receiving the grievance, of the timetable for the resolution
of the grievance. The grievance is to be resolved as soon as possible.
18.2 When any
grievance or dispute arises in the workplace between the employee(s) and their
immediate supervisor, or where the matter is of such a nature that direct
discussion between the employee(s) and their immediate supervisor would not be
appropriate, the employee(s) may notify the local manager, Association/Union or
Association delegate, who will then take up the matter with the appropriate
local manager.
18.3 If the matter
has not been settled by the immediate supervisor or local manager, the party
shall report the grievance in writing. If the party so requests, the matter
will be discussed as soon as practicable between a representative of the
Association/Union concerned and the General Manager or nominee.
18.4 If the matter
remains unresolved, it may be referred by either party to the appropriate
industrial tribunal.
18.5 Nothing
contained in these procedures will preclude the Trust and Association/Union
from entering into direct negotiations on any matter.
18.6 Whilst these
procedures or negotiations are continuing, no stoppage of work or any other
form of limitation of work shall be applied.
18.7 The parties
reserve the right to vary this procedure where it is considered that an
occupational health and safety factor is involved.
19. Anti-Discrimination
19.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
19.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the Award which, by its terms or operation, has a direct
or indirect discriminatory effect.
19.3 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.
19.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti‑discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this Award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
19.5 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.
19.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
19.7 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."
20. Deduction of
Union Membership Fees
20.1 The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
20.2 The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to the schedule of union fortnightly
membership fees payable shall be provided to the employer at least one month in
advance of the variation taking effect.
20.3 Subject to
sub-clauses 20.1 and 20.2 of this clause, the employer shall deduct union
fortnightly membership fees from the pay of any employee who is a member of the
union in accordance with the union's rules, provided that the employee has
authorised the employer to make such deductions.
20.4 Monies so
deducted from employee's pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
20.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
20.6 Where an
employee has already authorised the deduction of union membership fees from his
or her pay 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
21. Savings
Should there be a variation to the Crown Employees (Public
Sector - Salaries 2015) Award, or an Award replacing it, any such increase will
be reflected in Schedule A of this Award, either by variation or the making of
a new Award.
22. Area,
Incidence and Duration
22.1 The purpose of
this Award is to partially regulate the terms and conditions of employment of
employees, as defined, who are either seconded by the Trust, or who are
employed by the Trust.
22.2 Other terms and
conditions, except as provided for within this Award, shall be those determined
from time to time under the Government Sector Employment Act 2013, the
Government Sector Employment Regulation 2014, in so much as they apply to
employees of the Jenolan Caves Reserve Trust.
22.3 This Award shall
replace the following instruments in so far as they apply to employees:
Crown Employees (Public Sector - Salaries 2016) Award
Overtime provisions of the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009
General Construction and Maintenance, Civil and
Mechanical Engineering, &c. (State) Award
Crown Employees (General Staff - Salaries) Award 2007
Crown Employees (Skilled Trades) Award
22.4 This Award is
made following a review under section 19 of the Industrial Relations Act 1996
and replaces the Crown Employees (Jenolan Caves Reserve Trust Division)
Salaries published 31 August 2012 (Vol. 314 I.G. 395) and all variations
thereof.
22.5 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 the New South Wales on 28
April 1999 (310 I.G. 359) take effect on and from 2 August 2016.
22.6 The Award shall
take effect on and from 2 August 2016 and shall remain in force nominally until
30 June 2017.
SCHEDULE A
BASE SALARY LEVELS
The levels upon which the following base rates have
been determined are in accordance with the competency descriptions set out in
the attached Schedule B.
These rates will apply to all roles, and the basis for
calculation of all full-time, part-time, casual, junior and apprentice rates of
pay.
Role Title
|
Location
|
Competency
|
Base Rate
|
Loading of:
|
Annual Salary
|
|
|
Level
|
effective from 01.07.16
|
%
|
effective from 01.07.16
|
|
|
|
$ Per Annum
|
|
$ Per Annum
|
Administration Officer
|
J
|
|
56,321
|
1.4
|
57,109
|
Administration Officer (Special)
|
J
|
|
58,370
|
1.4
|
59,187
|
Business Development Manager
|
J
|
|
105,731
|
1.4
|
107,211
|
Caretaker Jenolan Cottages
|
J
|
|
54,188
|
1.4
|
54,947
|
Manager Caving Operations
|
J
|
|
85,098
|
1.68
|
86,289
|
Director
|
J
|
|
153,915
|
1.4
|
156,070
|
Guide - Grade 1
|
J
|
1A
|
54,188
|
29.2
|
70,010
|
Guide - Grade 2
|
J
|
2
|
56,321
|
29.2
|
72,766
|
Guide - Grade 3
|
J
|
3
|
60,517
|
29.2
|
78,188
|
Maintenance Officer
|
J
|
|
51,099
|
27.8
|
65,305
|
Karst Resources Officer
|
J
|
|
81,305
|
1.4
|
82,443
|
Senior Finance Officer
|
J
|
|
90,211
|
1.4
|
91,474
|
System Administrator/Finance Officer
|
J
|
|
81,305
|
1.4
|
82,443
|
Team Leader - Electrical
|
J
|
4
|
70,449
|
24.6
|
87,779
|
Team Leader - Maintenance
|
J
|
|
70,449
|
26.6
|
87,779
|
Trades Officer
|
J
|
|
58,370
|
10
|
64,207
|
Trades Officer - Electrical (W/ends)
|
J
|
3
|
66,458
|
13.6
|
75,496
|
Visitor Services Officer (Tickets - PT)*
|
J
|
|
54,188
|
19.8
|
64,917
|
Customer Service Officer Grade 1
|
J
|
|
40,439
|
1.4
|
41,005
|
Customer Service Officer Grade 2
|
J
|
|
43,927
|
1.4
|
44,542
|
Customer Service Officer Grade 3
|
J
|
|
45,318
|
1.4
|
45,952
|
Customer Service Officer Grade 4
|
J
|
|
71,438
|
1.4
|
72,438
|
* Visitor Services Officer part-time works four days
per week. Base rate is 80 per cent of
Level 1A base rate.
Junior Rates
Junior rates shall be paid at the following percentage
of the annual salary for the role:
Under 17 years of
age
|
80 per cent
|
Age 17 years
|
90 per cent
|
Apprentice Rates
Apprentice tradesperson shall be paid as follows:
(a) the rates
determined under any formal scheme of apprenticeship; or
(b) the following
percentage of the Level 2A, trades salaries, which shall be deemed to be
inclusive of all penalties, trades allowances and annual leave loading:
1st Year
|
50%
|
2nd Year
|
65%
|
3rd Year
|
80%
|
4th Year
|
95%
|
whichever is appropriate in respect of Schedule C.
SCHEDULE B
COMPETENCY LEVELS
Level
|
Category
|
Competency
Description
|
1
|
Operational - Grade 1
(Maintenance)
(Cleaning)
|
Competency at this level involves the application of
knowledge and skills to a limited range of tasks and roles.
There is a specific range of contexts where the choice of actions
required is clear. Competencies are
normally used within established routines, methods and procedures that are
predictable, and within which judgement against established criteria is also
involved.
|
1A
|
Operational - Grade 1A
(Caves Services)
(Visitor Accommodation)
|
The competencies are likely to be applied under direct
guidance with regular checking, but may be applied under less direct guidance
and some autonomy if working in teams.
|
2
|
Operational - Grade 2
(Caves Services)
(Administration)
|
Competency at this level involves the application of
knowledge and skills to a range of tasks and roles There is a defined range
of contexts where the choice of action is required is usually clear, with
limited scope in the choice.
Competencies are normally used within established
routines, methods and procedures, in some cases involving discretion and
judgment about possible actions.
|
2A
|
Operational - Grade 2A
(Trades)
(Administration)
|
The competencies are likely to be applied under routine
guidance with intermittent checking, but may take the form of general
guidance and considerable autonomy if working in teams.
Responsibility for some roles and co-ordination may be
involved if working in a team.
|
3
|
Operational - Grade 3
(Caves Services)
|
Competency at this level involves the application of
knowledge with depth in some areas and a broad range of skills. There is a
range of tasks and roles in a variety of contexts, with some complexity in
the extent and choice of actions required. procedures where some discretion
and judgement is required in selection of equipment, work organisation,
services, actions and achieving outcomes within time constraints.
|
3A
|
Operational - Grade 3A
(Trades - Electrical)
|
The competencies are likely to be applied under guidance
with checking related to overall progress, but may take the form of broad
guidance and autonomy if working in teams.
Responsibility for the work of others and/or team co-ordination may be
involved.
|
4
|
Administration
|
Competency at this level involves the application of
knowledge with depth in some areas and a broad range of skills. There is a
range of tasks and roles in a variety of contexts, with some complexity in
the range and choice of actions required.
|
|
Management - Grade 1
(Operational - Low Volume)
|
Competencies are normally used within routines, methods
and procedures where discretion and judgement is required, for both self and
others, in planning and selection of equipment, work organisation, services,
actions, and achieving outcomes within time constraints.
The competencies are likely to be applied under general
guidance on progress and outcomes sought. The work of may be supervised, or
teams guided or facilitated.
Responsibility for and limited organisation of the work of others may
be involved.
|
5
|
Environment and Technology
(Graduate or Equivalent)
|
Competencies at this level involve the self-directed
application of knowledge with substantial depth in some areas, and a range of
technical and other skills to tasks, roles and functions in both varied and
highly specific contexts.
Competencies are normally used independently and both
routinely and non-routinely. Judgement
is required in planning and selecting appropriate equipment, services,
techniques and work organisation for self and others.
The competencies are likely to be applied under broad
guidelines. The work of others may be supervised or teams guided.
Responsibility for and management of the work of other may be involved
|
6
|
Management - Grade 2
(Operational - Medium Volume)
|
Competency at this level involves the self-directed
development of knowledge with substantial depth across a number of areas,
and/or mastery of a specialised area with a range of skills. Application is
to major functions in either varied or highly specific contexts.
Competencies are normally used independently and are
substantially non-routinely.
Significant judgement is required in planning, design, technical or
supervisory functions related to products services, operations or processes.
The competencies are likely to be applied under limited
guidelines in line with a broad plan, budget or strategy.
Responsibility and defined accountability for the
management and output of the work of others and for a defined function or
functions may be involved.
|
6A
|
Management - Grade 3
|
|
6B
|
(Operational - High Volume)
|
|
6C
|
Management - Grade 4
|
Competencies at this level involve the self-directed
development and mastery of broad and/or specialised areas of knowledge with a
range of skills. Application is to major,
broad, or specialised functions in highly specialised contexts.
|
8
|
Strategic Management
|
Competency at this level involves the self-directed
development and mastery of a range of knowledge and broad or specialised
functions in highly varied and/or specialised contexts.
|
|
Director
|
Competencies are normally used with full independence and
in contexts and combinations of great variability. The highest level of complex judgement is
applied in planning, design, technical and/or management functions.
The competencies are likely to be applied in ways that
involve full responsibility and accountability for all aspects of the work of
others and functions, including planning, budgeting and strategy.
|
SCHEDULE C
LOADINGS
Visitor Services Employees
Loadings for Penalty Rates, Annual Leave Loading and
Allowances (Refer to Sub-clause 7.2 of clause 7 - Loadings)
Column 1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
Role
|
Weekends
|
Public
|
Afternoon
|
Loading For
|
|
Rounding
|
Total
|
Annual Leave
|
|
|
|
Holiday
|
Shift
|
Penalties
|
Allowances
|
|
Loading
|
Accrual
|
|
|
|
|
|
%
|
%
|
%
|
%
|
Days
|
Weeks
|
Manager Cave Operations
|
NIL
|
NIL
|
NIL
|
1.68
|
|
|
1.8
|
30
|
6
|
Guide - Grade 1
|
42
|
10
|
25
|
26.79
|
2.30
|
0.11
|
29.2
|
30
|
6
|
Guide - Grade 2
|
42
|
10
|
25
|
26.79
|
2.30
|
0.11
|
29.2
|
30
|
6
|
Guide Grade 3
|
42
|
10
|
25
|
26.79
|
2.30
|
0.11
|
29.2
|
30
|
6
|
Team Leader - Electrical
|
26
|
7
|
5
|
19.03
|
5.43
|
0.14
|
24.6
|
25
|
5
|
Manager Technical Services and
|
NIL
|
NIL
|
|
1.34
|
|
0.06
|
1.4
|
20
|
4
|
Capital Works
|
|
|
|
|
|
|
|
|
|
Maintenance Officer
|
NIL
|
NIL
|
4
|
1.34
|
|
0.06
|
1.4
|
20
|
4
|
Trades Officer - Electrical
|
13
|
NIL
|
5
|
8.03
|
5.43
|
0.14
|
13.6
|
22
|
4.4
|
** Calculated on annual part-time rate of 80 per cent (four
days per week) of Level 1A base rate.
Administrative Services Employees
Loadings for Annual Leave Loading and "On Call"
Allowance
Column 1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
Role
|
Weekends
|
Public
|
Afternoon
|
Loading For
|
Rounding
|
Total
|
Annual Leave
|
|
|
Holiday
|
Shift
|
Penalties
|
Allowances
|
|
Loading
|
Accrual
|
|
|
|
|
%
|
%
|
%
|
%
|
Days
|
Weeks
|
Administration Manager
|
NIL
|
NIL
|
NIL
|
1.34
|
0.00
|
0.06
|
1.4
|
20
|
4
|
Marketing Co-ordinator
|
NIL
|
NIL
|
NIL
|
1.34
|
0.00
|
0.06
|
1.4
|
20
|
4
|
Finance Officer
|
NIL
|
NIL
|
NIL
|
1.34
|
0.00
|
0.06
|
1.4
|
20
|
4
|
Creditors & Debtors Officer
|
NIL
|
NIL
|
NIL
|
1.34
|
0.00
|
0.06
|
1.4
|
20
|
4
|
General Manager
|
As Required
|
NIL
|
1.34
|
1.00
|
0.06
|
2.4
|
20
|
4
|
Jenolan Systems Administrator
|
As Required
|
NIL
|
1.34
|
1.00
|
0.06
|
2.4
|
20
|
4
|
and Finance Officer
|
|
|
|
|
|
|
|
|
Rounding - The individual percentage loadings for
weekend and public holiday penalty rates, leave loading, etc., and the various
shift and trades allowances have been calculated to two decimal places. When brought forward to this schedule, a
"rounding-up" factor has been added to enable the final loading to be
expressed to only one decimal place, each ending in either .0, .2, .4, .6 or .8
as shown in column 8 above. This principle will be applied when calculating the
loading for any new or revised roles.
On the following pages, there is a detailed breakdown
on the percentage loadings.
Supplementary Schedule C1 - Weekend and public holiday
penalties, annual leave loading and compensation for Sundays and public
holidays.
Supplementary Schedule C2 - Afternoon shift allowance,
trades allowances, on-call allowance.
SUPPLEMENTARY SCHEDULE C1
Percentage Loadings for Penalties, Leave Loading and
Compensation for Sundays and Public Holidays Worked
Role
|
|
Annual Leave
|
Penalties
|
Agreement
|
Sub-total
|
No. of days to be
worked
|
|
|
|
Loading
|
|
#2225
|
To Column 5
|
|
|
|
LOC
|
On #
|
%
|
Sat.
|
Sun
|
Public
|
|
%
|
Sat
|
Sun
|
Public
|
Weekly
|
|
|
Weeks
|
|
|
|
Holidays
|
|
|
|
|
Holidays
|
Hours
|
General Manager
|
J
|
4
|
1.34
|
|
|
|
|
1.34
|
|
|
|
35
|
Administration Manager
|
J
|
4
|
1.34
|
|
|
|
|
1.34
|
|
|
|
35
|
Marketing Co-ordinator
|
J
|
4
|
1.34
|
|
|
|
|
1.34
|
|
|
|
35
|
Manager Cave Operations
|
J
|
6
|
1.68
|
|
|
|
|
1.68
|
|
|
|
38
|
Guide - Grade 1
|
J
|
6
|
1.68
|
8.47
|
12.71
|
2.01
|
1.92
|
26.79
|
42
|
42
|
10
|
38
|
Guide - Grade 2
|
J
|
6
|
1.68
|
8.47
|
12.71
|
2.01
|
1.92
|
26.79
|
42
|
42
|
10
|
38
|
Guide - Grade 3
|
J
|
6
|
1.68
|
8.47
|
12.71
|
2.01
|
1.92
|
26.79
|
42
|
42
|
10
|
38
|
Maintenance Officer
|
J
|
5
|
1.68
|
5.25
|
7.87
|
4.23
|
|
19.03
|
26
|
26
|
7
|
38
|
Finance Officer
|
J
|
4
|
1.34
|
|
|
|
|
1.34
|
|
|
|
35
|
Creditors & Debtors Officer
|
J
|
4
|
1.34
|
|
|
|
|
1.34
|
|
|
|
35
|
Jenolan Systems Administrator and
|
J
|
4
|
1.34
|
|
|
|
|
1.34
|
|
|
|
35
|
Finance Officer
|
|
|
|
|
|
|
|
|
|
|
|
|
Team Leader - Electrical
|
J
|
5
|
1.68
|
5.25
|
7.87
|
4.23
|
|
19.03
|
26
|
26
|
7
|
38
|
Manager Technical Services
|
J
|
4
|
1.34
|
|
|
|
|
1.34
|
|
|
|
38
|
and Capital Works
|
|
|
|
|
|
|
|
|
|
|
|
|
Trades Officer - Electrical
|
J
|
4.4
|
1.48
|
2.62
|
3.93
|
|
|
8.03
|
13
|
13
|
|
38
|
Visitor Services Officer part-time works seven days per
fortnight, including weekends and public holidays. Percentage loadings are to be applied to 70%
of Level 1A base rate.
SUPPLEMENTARY SCHEDULE C2
Percentage Loadings for Leading Hand Afternoon Shift and
Trades and On-Call Allowances
Role
|
Loc
|
Shift
|
Leading
|
Chokage
|
Sundry
|
Tractor and
|
Water
|
On
|
Sub-total to
|
|
|
Allowance
|
Hand
|
|
Trades
|
Truck
|
Clean
|
Call
|
Column 6
|
|
|
No.
|
%
|
|
|
|
|
|
|
%
|
|
|
|
|
|
|
|
|
|
|
Administration Manager
|
J
|
|
|
|
|
|
|
|
|
0.00
|
Marketing Officer
|
J
|
|
|
|
|
|
|
|
|
0.00
|
Manager Cave Operations
|
J
|
|
|
|
|
|
|
|
|
0.00
|
General Manager
|
J
|
|
|
|
|
|
|
|
1
|
1.00
|
Guide - Grade 1
|
J
|
25
|
1.26
|
|
|
|
|
1.04
|
|
2.30
|
Guide - Grade 2
|
J
|
25
|
1.26
|
|
|
|
|
1.04
|
|
2.30
|
Guide - Grade 3
|
J
|
25
|
1.26
|
|
|
|
|
1.04
|
|
2.30
|
Maintenance Officer
|
J
|
5
|
0.25
|
|
4.15
|
1.04
|
2.07
|
1.04
|
|
8.55
|
Finance Officer
|
J
|
|
|
|
|
|
|
|
|
0.00
|
Jenolan Systems Administrator and
|
J
|
|
|
|
|
|
|
|
1
|
1.00
|
Finance Officer
|
|
|
|
|
|
|
|
|
|
|
Team Leader - Electrical
|
J
|
5
|
0.25
|
2.07
|
2.07
|
1.04
|
|
|
|
5.43
|
Manager Technical Services
and Capital Works
|
J
|
5
|
0.25
|
2.07
|
4.15
|
1.04
|
|
|
|
7.51
|
Trades Officer - Electrical
|
J
|
5
|
0.25
|
2.07
|
2.07
|
1.04
|
|
|
|
5.43
|
|
|
|
|
|
|
|
|
|
|
|
|
Visitor Services Officer part-time works seven days per
fortnight, including weekends and public holidays. Percentage loadings to be applied to 70 per
cent of Level 1A base rate.
SCHEDULE D
Cash Allowances
Role Title
|
Location
|
Annual Salary
|
Plus Cash
|
Annualised Total
|
|
|
|
Allowances
|
Remuneration
|
|
|
$
|
$
|
$
|
Administration Officer
|
J
|
57,109
|
250
|
57,359
|
Administration Officer (Special)
|
J
|
59,187
|
250
|
59,437
|
Business Development Manager
|
J
|
107,211
|
250
|
107,461
|
Caretaker Jenolan Cottages
|
J
|
54,947
|
250
|
55,197
|
Manager Caving Operations *
|
J
|
86,289
|
250
|
86,539
|
Director
|
J
|
156,070
|
250
|
156,320
|
Guide - Grade 1
|
J
|
70,010
|
250
|
70,260
|
Guide - Grade 2
|
J
|
72,766
|
250
|
73,016
|
Guide - Grade 3 **
|
J
|
78,188
|
250
|
78438
|
Maintenance Officer
|
J
|
65,305
|
250
|
65,555
|
Karst Resources Officer
|
J
|
82,443
|
250
|
82,693
|
Senior Finance Officer
|
J
|
91,474
|
250
|
91,724
|
System Administrator/Finance
|
J
|
82,443
|
250
|
82,693
|
Officer
|
|
|
|
|
Team Leader - Electrical *
|
J
|
87,779
|
250
|
88,029
|
Team Leader - Maintenance
|
J
|
87,779
|
250
|
88,029
|
Trades Officer
|
J
|
64,207
|
250
|
64,457
|
Trades Officer - Electrical (W/ends)
|
J
|
75,496
|
250
|
75,746
|
**
|
|
|
|
|
Visitor Services Officer (Tickers -
|
J
|
64,917
|
250
|
65,167
|
PT) *
|
|
|
|
|
Customer Service Officer Grade 1
|
J
|
41,005
|
250
|
41,255
|
Customer Service Officer Grade 2
|
J
|
44,542
|
250
|
44,792
|
Customer Service Officer Grade 3
|
J
|
45,952
|
250
|
46,202
|
Customer Service Officer Grade 4
|
J
|
72,438
|
250
|
72,688
|
* Plus
Cash allowance of $1,200.00 if living
onsite
|
|
** Plus
Cash allowance of $600.00 if living onsite.
|
|
SCHEDULE E
Other Casual
Entitlements
(i) 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.
(a) The Trust must
not fail to re-engage a regular casual employee (see Section 53(2) of the
Industrial Relations Act 1996) because:
(A) the employee or
employee’s spouse is pregnant; or
(B) the employee is
or has been immediately absent on parental leave.
The rights of the Trust in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(ii) Personal
Carers Entitlement for casual employees
(a) 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 sub-clause (iii) below who
is sick and requires care and support, or who requires care due to an
unexpected emergency, or the birth of a child.
This entitlement is subject to the evidentiary requirements set out
below in sub-clause (d), and the notice requirements set out in sub-clause (e).
(b) The Trust 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.
(c) The Trust must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause.
The rights of the Trust to engage or not to engage a casual employee are
otherwise not affected.
(d) 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 sub-clause where another person had taken leave
to care for the same person.
(e) 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 Trust of their inability
to attend for duty. If it is not reasonably
practicable to inform the Trust during the ordinary hours of the first day or
shift of such absence, the employee will inform the Trust within 24 hours of
the absence.
(iii) A family
member for the purposes of sub-clause (ii)(a) above is:
(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 stepchild, 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.
(iv) Bereavement
entitlements for casual employees
(a) 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 Trust).
(b) The Trust 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.
(c) The Trust must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause.
The rights of the Trust to engage or not engage a casual employee are
otherwise not affected.
(d) 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 Trust of their inability
to attend for duty. If it is not
reasonably practicable to inform the Trust during the ordinary hours of the
first day or shift of such absence, the employee will inform the Trust within
24 hours of the absence.
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.