TECHNICAL AND FURTHER EDUCATION COMMISSION OF NEW SOUTH WALES - SECURITY
EMPLOYEES - WAGES AND CONDITIONS AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1768 of 2007)
Before Commissioner
Tabbaa
|
7 December 2007
|
REVIEWED AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Contract
of Employment
4. Secure
Employment Provisions in relation to Occupational Health and Safety
5. Hours
6. Rostered
Days Off Duty
7. Rates of
Pay
8. Additional
Rates
9. Shift
Allowances
10. Saturday
and Sunday Work
11. Payment of
Wages
12. General
Conditions
13. Travelling
Time and Expenses
14. Overtime
15. Call Back
16. Mixed
Functions
17. Public
Holidays
18. Leave
19. Personal
Carer’s Leave
20. Other
Forms of Leave
21. Anti-Discrimination
22. Dispute
Resolution Procedure
23. Changes to
Existing Conditions
24. Deduction
of Union Membership Fees
25. Area,
Incidence and Duration
PART B
Monetary Rates
Table 1 - Weekly Rates of Pay
Table 2 - Wage Related Allowances
Table 3 - Expense Related Allowances
2. Definitions
(i) "Afternoon
shift" means any shift finishing after 6.00p.m. and at or before midnight.
(ii) "Broken
shift" means the working of two shifts per day by an employee within the
ordinary hours as specified in clause 4, Hours.
(iii) "Casual
employee" means an employee engaged and paid as such and who may be
employed for a period of not more than 10 consecutive working days for each
engagement but shall not include an employee required to work a constant number
of ordinary hours each week.
(iv) "College/Campus/Institute"
means a TAFE establishment or other centre where instruction is provided by
TAFE and includes any place designated as part of, or as an annexe to, such
college/campus/institute.
(v) "Day"
means the period from midnight to midnight.
(vi) "Early
morning shift" means any shift commencing at or after 5.00a.m. and before
6.30a.m.
(vii) "Employer"
means the Division Head of the New
South Wales Department of Education and Training
(viii) "Full-time
employee" means an employee engaged for 152 ordinary hours in each roster
period of 20 consecutive days.
(ix) "Night
shift" means any shift finishing after midnight and at or before 8.00a.m.
or any shift commencing at or after midnight and before 5.00a.m.
(x) "Non-rotating
night shift" means a night shift within a rostered cycle of shifts where
at least two-thirds of the shifts are night shifts.
(xi) "Part-time
employee" means an employee engaged by the week who is required to work a
constant number of ordinary hours each week less than the ordinary number of
hours prescribed for full-time employees.
(xii) "Security
Officer Grade 1" means a person employed in one or more of the following
capacities:
(a) as an employee
stationed at an entrance and/or exit whose principal duties shall include the
control of movement of persons, vehicles, goods and/or property coming out of
or going into premises or property, including vehicles carrying loads of any
description, to ensure that the quantity and description of such goods is in
accordance with the requirements of the relevant document and/or gate pass and
who also may have other duties to perform;
(b) to monitor a
single closed circuit television unit recording from a stationary camera;
(c) to respond to
basic fire/security alarms at their designated site;
(d) to watch,
guard or protect persons and/or premises and/or property;
(e) provided that,
a Security Officer Grade 1 may perform incidental duties which need not be of a
security nature in order to ensure the good order of the college or premises;
(f) to escort
unauthorised persons from the premises and/or detain such persons until such
time as responsibility for the persons concerned has been assumed by the
relevant authorities.
(xiii) "Security
Officer Grade 2" means a person who is employed for the protection, good
order and convenient use of TAFE premises. In addition to the duties performed
by a Security Officer Grade 1, as defined in subclause (xii), a Security
Officer Grade 2 may be required:
(a) to operate,
monitor and act upon electronic intrusion detection or security control
equipment;
(b) to patrol
premises by means of a vehicle, including motorised vehicle;
and may be also required to:
(c) ensure that
the parking of vehicles on college grounds is in compliance with the
requirements of the college;
(d) perform minor
or routine maintenance of college facilities, such as replacement of light
globes or fluorescent tubes;
(e) receive and
distribute stores;
(f) undertake
minor tidying of college premises.
(xiv) "Security
Officer Grade 3" means a person who, in addition to the duties performed
by a Security Officer Grade 2, as defined in subclause (xiii), is employed
substantially in a security and/or data input and/or a monitoring function
within a central station and principally occupied in one or more of the
following duties:
(a) monitoring,
recording, inputting information or reacting to signals and instruments related
to electronic surveillance of any kind; co-ordinating, checking or recording
the activities of mobile patrol officers and static security officers;
operating or monitoring any verbal communication devices; or
(b) monitoring or
acting upon computerised security systems that have the capacity for and
require data input from the security officer.
(xv) "Seven-day
Shift Worker" means an employee whose ordinary working period includes
Saturdays, Sundays and/or Public Holidays.
(xvi) "TAFE"
means the New South Wales Technical and Further Education Commission.
(xvii) "Union"
means The Australian Liquor Hospitality and Miscellaneous Workers Union, New
South Wales Branch.
3. Contract of
Employment
(i) Employees
under this award shall be engaged either as full-time employees, part-time
employees, or casual employees.
(ii) The employer
may direct an employee covered by this award to carry out such duties as are
within the limits of the employee’s skill, competence and training, and which
are within the scope of sub-clauses (xii), (xiii) and (xiv) of clause 2,
Definitions.
(iii)
(a) The employer
shall clearly display at some place accessible to employees, the commencing and
ceasing time of ordinary hours of work.
One week’s notice must be given for any changes to such hours, otherwise
payment of overtime is incurred, except where the change in hours is due to an
emergency. Less than one week’s notice
may be given by mutual agreement between the employer and the employee.
(b) Any dispute
over what constitutes an emergency shall be resolved after the emergency in
accordance with clause 22, Dispute Resolution Procedure.
(iv) The employment
of any employee, other than a casual employee, shall be terminated by one
week’s notice or by the payment or forfeiture, as the case may be, of one
week’s wages in lieu thereof.
(v) The employment
of a resident security officer shall be terminated by three week’s notice or by
the payment or forfeiture, as the case may be, of three week’s wages in lieu
thereof.
(vi) The employment
of a casual employee may be terminated by one hour's notice.
(vii) Notwithstanding
the foregoing provisions, the employer may dismiss an employee at any time
without notice where the employee commits a serious breach of discipline.
(viii)
(a) Termination of
employment by an employer shall not be harsh, unjust or unreasonable.
(b) For the
purpose of this subclause, termination of employment shall include termination
with or without notice.
(c) Termination on
the ground of race, colour, sex, marital status, family responsibilities,
pregnancy, religion, political opinion, national extraction, social origin,
homosexuality or age shall constitute a harsh, unjust or unreasonable
termination of employment. This
definition, without limiting the above, applies except where a distinction,
exclusion, or preference is based on the inherent requirements of a particular
position.
(ix) On the
termination of employment the employer shall, at the request of the employee,
give such employee a statement signed by the employer, stating the period of
employment and when the employment terminated.
(x) On the
termination of employment, an employee shall return to the employer all items
issued to that employee by the employer.
(xi) Mechanisation
and Technological Changes - Three months notice of termination of employment
must be given to an employee who has been employed for at least twelve months
and has had their services terminated on account of the introduction or
proposed introduction by an employer of mechanisation or technological changes
in the industry in which the employer is engaged.
(xii) If there is a
failure to give such notice in full -
(1) the employee
shall be paid for a period equal to the difference between three months and the
period of the notice given;
(2) the period of
notice required by this subclause to be given shall be deemed to be service for
the purpose of recreation leave or extended leave under the provisions of the Public Sector Employment and Management Act 2002;
and .
(3) an employer
who gives an employee notice of the termination of employment on grounds as set
out in subclause (xi), must within fourteen days thereafter, give notification
of the fact in writing to the Industrial Registrar and the Branch Secretary of
the Union. The employer must state the
employee's name, address and usual occupation and the date when the employment
terminated or will terminate in accordance with the notice given.
4. Secure Employment
Provisions Relating to Occupational Health and Safety
(a) Occupational
Health and Safety
(i) 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.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises 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 their own 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.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(b) 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
disputes settlement procedure of this award.
(c) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
5. Hours
(i) Security
Officers (other than casual employees) -
(a) Subject to
clause 6, Rostered Days Off Duty, the ordinary hours of security officers shall
not exceed 152 in each roster period of 20 consecutive days. Such hours shall be worked in not more than
20 shifts in each roster period. The shifts shall not be more than eight
consecutive hours in duration within a period of 24 hours.
For the purpose of calculating the number of shifts
worked during a roster period, a broken shift, as defined in subclause (ii) of
clause 2, Definitions, shall count as one shift.
(b) Except in the
case of change of shifts, notice of which has been given in accordance with
clause 3, Contract of Employment, of this award, not more than six consecutive
shifts in any period of seven consecutive days shall be worked without the
payment of overtime.
(c) The
arrangement of working hours may be altered by agreement between the employer
and the employee. Where agreement
cannot be reached, the procedure in clause 22, Dispute Resolution Procedure,
shall be followed. Where the alteration
to the arrangement of working hours is to be permanent, the agreement shall be
in writing, with a copy sent to the employee and the Union.
(d) In all cases
shifts shall be continuous except where a broken shift is worked in accordance
with subclause (ii) of clause 2, Definitions.
(e) After four
hours and no later than five hours from the commencement of each shift, a crib
time of not less than thirty minutes shall be allowed, where it is reasonably
practicable to do so. Time allowed as
crib time will be regarded as time worked.
(ii) Casual
Employees - For casual employees the ordinary working hours shall not exceed
eight hours without the payment of overtime.
6. Rostered Days Off
Duty
(i) Four-week
Work Cycle - Accrual Provisions -
(a) Full-time
Employees on shift work or day work shall accrue 0.4 of an hour for each eight
hour shift or day worked to allow one complete shift or day to be taken off as
a paid shift or day during every roster cycle.
(b) Part-time
Employees - Where it is endorsed by the employer at a particular location, part
time employees may accrue time towards a rostered day off by accruing one
twentieth of all time worked. One complete shift may then be taken off as a
paid shift during every rostered cycle.
(ii) Accrual and
Paid Leave - Each day of paid leave taken (excluding extended leave, workers'
compensation (accident) leave and leave without pay) occurring during any cycle
of four weeks shall be regarded as a day worked for accrual provisions.
(iii) Rostering -
Four-week Cycle:
(a) Rostered days
off shall be scheduled by mutual agreement between employees and the employer
but may be varied by agreement between the employer and the individual
employee.
(b) Where the
employer agrees, rostered days off may accumulate and, in the case of TAFE
premises, may be scheduled during the vacation periods to suit the needs of the
employer.
(iv) Rostered Day
Off Falling on a Public Holiday -
(a) In the event
of an employee’s rostered day off falling on a public holiday, the employee and
the employer shall agree to an alternative day off duty as a substitute. In the absence of agreement the substituted
day shall be determined by the employer.
(b) Special
provisions apply for seven-day shift workers instead of the above as provided
by subclause (iv) of clause 16, Public Holidays.
(v) Work on
Rostered Day Off Duty - Subject to subclause (iii), Rostering - Four week
Cycle, of this clause, any employee required to work on their rostered day off
shall be paid in accordance with the provisions of clause 13, Overtime, of this
award.
(vi) Sick Leave and
Rostered Days Off - Employees are not eligible for sick leave in respect of
absences on rostered days off.
(vii) Casual
employees shall not be entitled to accumulate time toward a rostered day off.
7. Rates of Pay
(i) Full-time
Employees - A full time employee shall be paid according to the rate for the
classification as set out in Table 1 of Part B of this award.
(ii) Part-time
Employees -
(a) Part-time
employees shall be paid the hourly equivalent of the appropriate weekly rate of
pay plus an additional amount of ten per cent.
The hourly rate is as set out in Table 1 of Part B of this award.
(b) The hourly
equivalent is based on 38 hours where a part-time employee is not accruing
credit towards rostered days off but is paid only for hours worked.
(c) The hourly
equivalent is based on 40 hours where a part-time employee is accruing credit
for time worked towards rostered days off.
(d) A minimum
payment of three hours shall be paid for each start.
(iii) Casual
Employees -
(a) A casual
employee for working ordinary time as provided by subclause (ii) of clause 5,
Hours, shall be paid per hour one thirty-eighth of the weekly wage prescribed
by this award for the class of work performed, plus 15 per cent.
(b) A minimum
payment of four hours shall be made for each start.
(iv) The wage rates
as set out in Table 1 of Part B, Monetary Rates, shall be adjusted in line with
the Crown Employees Wages Staff (Rates of Pay) Award or any variation to, or
successor instruments to the said award.
8. Additional Rates
(i) Boiler
Attendant's Certificate - An employee required by the employer to hold a Boiler
Attendant's Certificate shall be paid a weekly allowance as set out in Item 1of
Table 2 of Part B in addition to the ordinary rate of pay.
(ii) First-aid
Allowance - An employee, who is a qualified first-aid attendant and is required
by the employer to carry out the duties of a qualified first-aid attendant,
shall be paid an additional weekly amount as set out in Item 2 of Table 2 of
Part B.
(iii) Furniture
Removal Allowance - Security officers required to be engaged in furniture
removal for more than three hours on any day or shift shall be paid an
additional allowance per shift as set out in Item 3 of Table 2 of Part B.
(iv) Laundry
Allowance - Overalls, coveralls and any uniform where supplied or required to
be worn by the employer shall be laundered or dry-cleaned at the employer's
expense. In lieu of this, a laundry
allowance as set out in Item 4 of Table 2 of Part B may be paid for each ordinary
shift worked.
(v) Leading Hands
Allowance - Employees placed in charge of other employees shall be paid a
weekly amount as set out in Items 5 to 10 of Table 2 of Part B.
(vi) Motor Vehicle
Allowance -
(a) Employees
authorised to use a private motor vehicle in the performance of their duties
where no public transport is available, or where the use of public transport is
not appropriate for the particular duty concerned, shall be paid the additional
rates as set out in Items 1 to 3 of Table 3 of Part B.
(b) Where public
transport is available, employees may use such transport for approved travel
and be reimbursed with the costs incurred or employees may elect to use a
private motor vehicle (where the use of such is so authorised) and be paid
additional rates as set out in Items 4 to 6 of Table 3 of Part B up to the cost
of the available public transport.
(vii) Refrigeration
Driver's Certificate - An employee required by the employer to hold a
Refrigeration Driver's Certificate of Competency, 1st or 2nd Class (Air
conditioning) shall be paid a weekly allowance per week as set out in Item 11
of Table 2 of Part B.
(viii) Torches -
Where an employee is required to carry a torch, it shall be provided and
maintained in full working order by the employer. Employees providing their own torches shall be paid an allowance
per shift to cover the replacement of torch globes and batteries as set out in
Item 12 of Table 2 of Part B.
9. Shift Allowances
(i) The following
additional allowances for shift work shall be paid to employees in respect of work
performed during ordinary hours of shift as defined in this award.
Percentage
Early morning shift
|
10%
|
Afternoon shift
|
15%
|
Night shift, rotating with day or afternoon shift
|
17.5%
|
Night shift, non-rotating
|
30%
|
(ii) Broken Shifts
-
(a) Employees working
broken shifts shall be paid an additional daily amount as set out in Item 13 of
Table 2 of Part B of this award for each day so worked.
(b) Employees
working broken shifts shall also be paid a weekly excess fares allowance as set
out in Item 7 of Table 3 of Part B of this award.
(c) An employee
receiving broken shift allowance under the provisions of this subclause shall
not receive any other allowance provided for under subclause (i) of this
clause. Where a broken shift commences
between midnight and 6.00 a.m., however, an allowance of 30 per cent shall be
paid for each hour worked between such hours.
Where a broken shift ceases after 9.00 p.m., an allowance of 15 per cent
shall be paid for each hour worked after 9.00 p.m.
10. Saturday and Sunday
Work
(i)
(a) Employees
required to work their ordinary hours on a Saturday or a Sunday shall be paid
for all time so worked at the following rates:
Saturday work
|
time and one-half
|
Sunday work
|
double time
|
(b) An employee
required to perform work on a Sunday shall be paid a minimum of four hours for
each start.
(ii) The shift
work allowances provided by clause 9, Shift Allowances, are not payable for
Saturday and Sunday work.
(iii) The rates
prescribed above apply to all employees, including casual employees. The rate
for Saturday work applies in respect of ordinary hours of work only.
11. Payment of Wages
(i) All wages
shall be paid fortnightly by electronic funds transfer not later than Thursday,
and not more than forty-eight hours from the time when such wages become due.
(ii) Wages may be
paid into an employee’s bank or other account as specified by the
employee. The employer shall specify
the day upon which wages shall be paid into such account.
(iii) Where wages
are not paid into an employee's bank or other account by the nominated day the
employer, following notification by the employee, shall make every effort to
ensure the appropriate credit to that account within two days or issue a cheque
forthwith for the appropriate amount.
Unless circumstances exist which are beyond the employer's control, if
two days elapse without payment, the employee shall be entitled to be paid at
overtime rates for the next full day's work performed.
12. General
Conditions
(i) Security
Officers -
(a) Security
Licence - A security officer required to hold a Class 1A Security Licence
pursuant to the provisions of the Security Industry Act 1997 shall have
one fifth of the cost of such licence reimbursed by the employer on completion
of each twelve months service.
(b) Training -
(1) All full time
security officers who are required to undertake an approved training course,
nominated by the employer and as required by the Security Industry Act
1997 and the Security Industry
Regulation 2007, or variations thereof, shall have the costs of such training
(courses) reimbursed by the employer.
This is provided that the undertaking of the said training course is a
requirement of the employee’s current position.
(2) Reimbursable
costs as referred to in paragraph (1) of this subclause shall include excess
travelling expenses relating to the attendance at the said courses.
(3)
(A) Employees shall
be granted time-off without loss of pay during ordinary hours to attend
training courses referred to in paragraph (1).
(B) In cases where
the courses are to be held outside the rostered shift of the employee required
to attend the course, then:
(i) the rostered
shift should be altered so that the employee can attend during ordinary working
hours; or
(ii) for the time
spent attending the course, the employee can be granted time off in lieu on an
hour for hour basis at a time convenient to the employer; or
(iii) the employee
shall be paid for the necessary time attending the course at ordinary time
rates. Such attendance shall not form
part of the employee's ordinary roster and the employee shall be required to
work the ordinary roster.
(c) The employee
may elect which is the preferred option from the above. The final determination regarding the option
to be applied lies with the employer, having regard to the needs of the
establishment.
(ii) Resident
Security Officer Grade 2 -
(a) Where a
security officer is provided with accommodation, a deduction of $10.00 per week
may be made from the employee’s wages for rent, fuel and lighting.
(b) An employer
shall not require a resident security officer to vacate living quarters during
the annual leave period for use by a relieving security officer unless such
arrangements are mutually agreed to between the resident security officer and
the relieving security officer.
(c) Removal
Expenses on Transfer - See Personnel Policy - Transfers (published in TAFE
Gazette No. 28 of 24 July 1991), as varied from time to time.
(iii) General -
(a) Accommodation
for Meals - Employees may take their meals, crib time or tea breaks in a
suitable place protected from the weather.
Every such employee shall be provided by the employer with adequate
facilities for tea making and for heating food. This provision shall not apply to mobile security officers.
(b) Dressing
Accommodation - Where it is necessary or customary for employees to change
their dress or uniform, suitable dressing rooms or dressing accommodation and
individual lockable lockers shall be provided.
(c) Means of Exit
- Provisions shall be made for an exit for night employees in case of
necessity.
(d) Protective
Clothing - The following clothing and equipment will be issued, which shall
remain the property of the employer -
(1) Wet weather
coat and hood and trousers for employees who are required to work outdoors.
(2) Broad brim
hats for employees who are required to work outdoors.
(e) Work Clothing
- Uniforms and safety footwear shall be supplied by the employer where such is
required in the performance of duty.
13. Travelling Time
and Expenses
(i) Where an
employee is sent to work at a place other than their employer's recognised
place of business, the employer shall pay all travelling time from the place of
business to the job. If the employee is
required to return the same day to the employer's place of business, the
employer shall pay travelling time back to the place of business. An employee sent for duty to a place other
than the employee's regular place of duty or required by the employer to attend
a court or inquiry in connection with the employee's employment shall be paid
reasonable authorised expenses.
14. Overtime
(i) Subject to
clause (ii) an employer may require and employee to work reasonable overtime at
overtime rates.
(ii) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(iii) For the
purposes of clause (ii) what is unreasonable or otherwise will be determined by
having regard to:
(a) any risk to employee
health and safety;
(b) the employee’s
personal circumstances including any family and carer responsibilities;
(c) the needs of
the workplace or enterprise;
(d) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) any other
relevant matter.
(iv) Subject to
clause 10, Saturday and Sunday Work, all work done outside ordinary hours the
rates of pay shall be time and a half for the first two hours and double time
thereafter. In computing overtime, each
day's work shall stand alone. All
overtime performed after 12 noon on a Saturday shall be paid for at the rate of
double time.
(v) Meal Allowance
- An employee required to work overtime in excess of one hour shall be paid an
allowance as set out in Item 8 of Table 3, for the first and each subsequent
meal (time for the taking of which shall be granted in accordance with
subclause (vi) below) unless notice to work has been given to such employee on
or before the termination of the previous shift or day.
(vi) Employees
required to work one hour or more overtime after their normal shift are to
receive a 20 minute crib break at the end of the normal shift at ordinary time
rate of pay. If overtime extends beyond
a total of four hours, a further 20 minute crib break at overtime rates shall
be granted.
(vii) Where an
employee is required to work overtime on a Saturday or Sunday, a paid crib time
of 20 minutes shall be granted for each four hours of overtime worked.
(viii)
(a) An employee
who works so much overtime between the finish of ordinary work on one day and
the start of ordinary work on the next day such that a rest period off duty
cannot be had, shall be released after the completion of such overtime until
the employee has had a rest period without loss of pay for the ordinary working
time occurring during such absence. The
rest period shall be:
(i) for shift
workers - eight hours, including the normal changeover time, if any;
(ii) for day
workers - ten hours.
(b) If the employer
requires the employee to resume or continue work without having had the rest
period off duty, the employee shall be paid at double time until released from
duty for the rest period. The employee
shall be entitled to be absent until the employee has had the rest period off
duty without loss of pay for ordinary working time occurring during the
absence.
15. Call Back
(i) An employee
required to return to work after leaving the place of employment shall be paid
a minimum of four hours' pay at the appropriate rate for each such
attendance. This provision shall not
apply to the normal rostered hours of an employee returning for the second part
of a broken shift.
(ii) This clause
shall also not apply where a period of duty is continuous with the start of
ordinary working time. In such case,
the provisions of clause 14, Overtime, apply.
(iii) An employee
to whom this clause applies shall be given at least eight hours off duty,
excluding travelling time in excess of 30 minutes and a meal break of 30 minutes,
before there is a requirement to resume ordinary hours. An employee requested to resume duty before
eight hours' rest is given shall be paid at double time until such employee has
been relieved from duty for a period of eight hours.
16. Mixed Functions
(i) An employee
engaged for at least two hours on any day or shift on duties carrying a higher
rate of pay than the employee's ordinary classification shall be paid the
higher rate for such day or shift.
Where an employee is engaged for less than two hours on any one day or
shift, payment shall be at the higher rate for the time so worked.
(ii) Any employee
who is required to perform work temporarily in a classification for which a
lower rate is paid, shall not suffer any reduction in wages whilst so
employed. Any work of less than one
week’s duration shall be deemed temporary.
(iii) This clause
shall not apply in situations where the higher duties result from the absence
of an employee on a rostered day off.
17. Public Holidays
(i) The days on which
the following holidays are observed shall be holidays under this Award, namely
New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day and any
day which may hereafter be proclaimed a public holiday throughout the
State. The Picnic Day of the Union
shall also be observed as an additional holiday under this Award, to be granted
on one of the working days between Christmas and New Years Day. The specific date is to be advised to
employees prior to December each year.
(ii) Except as
provided by subclause (iv) of this clause -
(a) Full‑time
and part‑time employees shall be entitled to the above holidays without
loss of pay.
(b) Employees
shall be paid at the rate of double time and one-half, with a minimum payment
of four hours at such rate for all time worked on the above holidays.
(iii) For the
purpose of this clause any employee whose ordinary hours of work commence
before and continue past midnight shall be regarded as working on a holiday
only if the greater number of working hours fall on the holiday, in which case
all the time worked shall be regarded as holiday work. If the number of ordinary hours worked
before and past midnight is equal, all ordinary time worked shall be regarded
as time worked on the day on which the shift commenced.
(iv)
(a) In the case of
public holidays falling on the rostered day off of a seven-day shift worker -
(1) If the
seven-day shift worker is not required to work on that rostered day off, an
additional day's pay will be made to the employee.
(2) If the
seven-day shift worker is required to work on that day, the employer, in
addition to another day's pay, shall pay the employee at the rate of time and
one-half for the first eight hours for those hours worked on the holiday. A minimum payment of four hours at this rate
shall be made. If the employee works
for more than eight hours on such a day, those extra hours shall be paid for at
double time and one-half.
(b) The employer
may, instead of the additional payment of a day's ordinary pay prescribed in
paragraph (a) of this subclause, add a day to the recreation leave credit.
18. Leave
(i)
(a) Annual
Recreation Leave - All employees, other than casual employees, will be entitled
to a minimum of 20 days recreation leave or pro-rata where employed for periods
of less than the equivalent full time.
(b) Seven-day
shift workers -
(1) In addition to
the normal recreation leave provisions, a seven-day shift worker, at the end of
each year of continuous employment shall be entitled to an additional one
week’s leave:
If during the year of employment only a portion of it
has been served as a seven-day shift worker, the additional leave shall be 3.25
hours for each completed month of employment. Where the additional leave is or
comprises a fraction of a day, such fraction shall not form part of the leave
period and shall be discharged by payment only.
(2) Where the
employment of a seven-day shift worker is terminated and the person thereby
becomes entitled to payment in lieu of recreation leave for a period of
employment, such person also shall be entitled to an additional payment of 3.25
hours at their ordinary rate of pay for each completed month of service.
(ii) Sick Leave -
All full-time employees shall be entitled to 15 days per annum with the unused
component of the annual entitlement being fully cumulative.
(a) A part-time or
temporary employee’s sick leave entitlement shall be in that proportion of 15
days which their appointment bears to the proportion of the year that they
work.
(b) An employee
shall, as soon as reasonably practicable and, in any case, within 24 hours of
the start of the leave, inform the employer of the inability to attend for duty
and, as far as possible, state the nature of the injury or illness and the
estimated length of the absence. A
medical certificate must be provided to cover sick leave that is longer than
three days or for a lesser period as may be required by the employer.
(iii) Extended Leave
- All employees, other than casual employees, shall be entitled to extended
leave of 44 working days on full pay or 88 working days on half pay after
completing ten years of services and a further 11 working days for each
completed year of service after ten years.
(iv) Family and
Community Services Leave - The employer may grant all employees, other than
casual employees, family and community services leave:
(1) for reasons
related to family responsibilities;
(2) for the
performance of community service; or
(3) in cases of
pressing necessity.
(a) The maximum
amount of family and community service leave on full pay which may be granted
is whichever is the greater of:
(1) Two and one
half working days during the first year of service and five working days in any
period of two years after the first year of service; or
(2) One working
day for each year of service after two years of continuous service, less any
period of family and community service leave already taken.
(b) The employer
may grant employees up to a maximum of five days family and community services
leave without pay in any year if the entitlement of paid family and community
services leave has been used. The
amount of such leave granted in any one year is to be reduced by the amount of any
paid family and community services leave already taken in that period.
(c) Family and
community services leave could be used for the following situations:
(1) the illness of
a relative;
(2) where a child
carer is unable to look after their charge;
(3) to arrange or
attend a funeral of a relative;
(4) adverse
weather conditions which prevent attendance or threaten life or property;
(5) to accompany a
relative to a medical appointment where there is no element of emergency;
(6) parent and
teacher meetings;
(7) education week
activities; and
(8) to care for an
elderly relative.
(d) The employer
may also grant family and community services leave for matters such as:
(1) attending to
accommodation;
(2) citizenship;
(3) motor vehicle
accidents on the way to work;
(4) representing
Australia or the State in amateur sport other than in the Olympic games or the
Commonwealth Games; and
(5) office holders
in local government (other than as Mayor) for attendance at meetings,
conferences or other associated duties.
(e) Employees are
not to be granted family and community services leave for attendance at court
to answer a criminal charge, except with the approval of the employer.
19. Personal/Carer’s
Leave
(i) Use of Sick
Leave
(a) Any employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subclause (i)(c)(ii) below who needs the employee’s care and
support shall be entitled to use, in accordance with this subclause, any
current sick leave entitlement or sick leave accrued in the previous 3 years,
as provided for in clause 18 (ii), of this award for absences to provide care
and support for such persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee
shall, if required, 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.
In normal circumstances, an employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(1) a spouse of
the employee; or
(2) a de facto
spouse who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(3) a child or an
adult child (including an adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the
employee; or
(4) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(5) a relative of
the employee who is a member of the same household where, for the purposes of
this section:
(i) "relative"
means a person related by blood, marriage or affinity;
(ii) "affinity"
means a relationship that one spouse, because of marriage, has to blood
relatives of the other; and
(iii) "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
(e) Subject to the evidentiary and notice
requirements in 19(i)(b) and 19(i)(c), casual employees are entitled to not be
available to attend work, or to leave work if they need to care for a person
prescribed in subclause 19(c)(ii) of 19, Personal/Carer’s Leave who is sick and
requires care and support, or who requires care due to an unexpected emergency,
or the birth of a child.
(f) The employer and the employee shall
agree on the period for which the employee will not be entitled to be available
to attend work. In the absence of
agreement, the employee is entitled to not be available 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.
(g) An employer 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.
(ii) Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (i) above, who is ill.
(iii) Use of Annual
(Recreation) Leave
(a) An employee
may elect, with the consent of the employer and subject to the Public Sector
Employment and Management Act 2002, to take annual leave for
personal/carer’s leave purposes not exceeding ten days in single-day periods,
or part thereof, in any calendar year at a time or times agreed by the parties
to care for a person prescribed in subclause 19(c)(ii) of 19. Personal/Carer’s
Leave who is sick and requires care and support, or who requires care due to an
unexpected emergency, or the birth of a child.
(b) An employee
may elect with the employer’s agreement to take annual leave at any time within
a period of 24 months from the date at which it falls due.
(c) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any vacation period provided for elsewhere under this award.
(iv) Time Off in
Lieu of Payment for Overtime
(a) An
employee may elect, with the consent of the employer , to take time off in lieu
of payment for overtime at a time or times agreed with the employer within
twelve (12) months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with subclause (iv) (a) above, the
leave is not taken for whatever reason payment for time accrued at overtime
rates shall be made at the expiry of the twelve (12) month period or on
termination.
(d) Where no
election is made in accordance with clause (iv) (a) above, the employee shall
be paid overtime rates in accordance with this award.
(v) Make-Up time
(a) To care for an
ill family member, an employee may, with the employers consent, elect to work
‘make-up time’. This means the employee
takes time off during ordinary hours and works those hours at a later time, but
during the spread of ordinary hours and at the ordinary rate of pay.
(vi) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take an accrued rostered day
off for personal/carer’s leave purposes at any time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(vii) Bereavement
Leave
(a) An employee
other than a casual employee shall be entitled up to two days bereavement leave
without deduction of pay on each occasion of the death of a person prescribed
for the purposes of Personal Carers Leave in subclause (i)(c)(ii).
(b) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
(c) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer’s Leave in subclause (i)(c)(ii)
provided that for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
(d) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(e) Bereavement
leave may be taken in conjunction with other leave available under (i), (ii),
(iii), (iv), (v) and (vi) of this clause. In determining such a request the
employer will give consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
(f) Subject to
the evidentiary and notice requirements in (b), casual employees are entitled
to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in subclause 19 (i) (c) (ii) of 19.
Personal/Carer’s Leave.
(g) The employer
and employee shall agree on the period for which the employee will not be
entitled to be available to attend work.
In the absence of agreement, the employee is entitled to not be
available 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.
(h) An employer
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.
20. Other Forms of
Leave
Employees under this award shall be entitled to other forms
of leave, including maternity leave, parental leave, adoption leave, jury
service and special leave, as provided for in any TAFE policies, as varied from
time to time. The granting of any such
leave shall be subject to any conditions contained in these policies.
21.
Anti-Discrimination
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) 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."
22. Dispute
Resolution Procedure
(i) Subject to
the provisions of the Industrial Relations Act 1996, the following
procedures shall apply:
(a) Should
any dispute (including a question or difficulty) arise as to matters occurring
in a particular workplace, then the employee and or the Union workplace
representative shall raise the matter with the appropriate supervisor as soon
as practicable.
(b) The
appropriate supervisor shall discuss the matter with the employee and or the
Union workplace representative within two working days with a view to resolving
the matter or by negotiating an agreed method and time frame for proceeding.
(c) Should the
above procedure be unsuccessful in producing resolution of the dispute or
should the matter be of a nature which involves multiple workplaces, then the employee
and or the Union may raise the matter with an appropriate officer of the
Department of Education and Training or TAFE at the institute level with a view
to resolving the dispute, or by negotiating an agreed method and time frame for
proceeding.
(d) Where the
procedures in paragraph (c) do not lead to resolution of the dispute, the
matter shall be referred to the Deputy Director General, Workforce Management
and Systems Improvement of the Department of Education and Training and the
Secretary of the Union. They or their
nominees shall discuss the dispute with a view to resolving the matter or by
negotiating an agreed method and time frame for proceeding.
(ii) Should the
above procedures not lead to a resolution, then either party may make application
to the Industrial Relations Commission of New South Wales.
23. Changes to
Existing Conditions
(i) Security
officers employed by the New South Wales Technical and Further Education
Commission prior to 25 November 1992 may be requested to work broken shifts. Where a security officer has a genuine
difficulty working such a shift, the Dispute Resolution Procedure will be
followed.
(ii) Where,
immediately prior to the making of this award, an employee was classified as a
Security Officer Grade 2 (c) (Caretaker) under the Crown Employees (Security
and General Services) Award, such employee shall, if required by the employer,
continue to carry out any duties performed in that position.
24. Deduction of
Union Membership Fees
(i) The Union
shall provide the employer with a schedule setting out the Union’s fortnightly
membership fees payable by members of the Union in accordance with the Union’s
rules.
(ii) 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.
(iii) Subject to
(i) and (ii) above, 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.
(iv) Monies so
deducted from employees’ pay will 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.
(v) Unless other
arrangements are agreed to by the Department of Education and Training and the
Union, all Union membership fees shall be deducted on a fortnightly basis.
(vi) 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.
25. Area, Incidence
and Duration
(i) This award
shall apply to all security officers employed by the Department of Education
and Training assigned to work at TAFE premises in the classifications herein.
(ii) The award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Technical and Further Education Commission
of New South Wales - Security Employees - Wages and Conditions Award published
27 August 2004 (346 I.G. 119) and all variations thereof.
(iii) 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 7 December 2007.
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
(iv) To the extent
that this award replaces, deals with the same subject matter or modifies TAFE
NSW policy, the provisions of this award will prevail.
PART B
MONETARY RATES
Table 1 - Weekly
Rates of Pay
Clause 8 Rates of Pay
|
|
From
|
|
|
|
1.7.07
|
|
|
|
$
|
|
Full Time Security Officer
|
Grade 1
|
|
720.50
|
|
Grade 2
|
|
745.70
|
|
Grade 3
|
|
779.80
|
|
Part-Time Security Officer
|
Grade 1 (accruing time for RDOs) (per hour)
|
|
19.81
|
|
Grade 1 (not accruing time for RDOs) (per hour)
|
|
20.86
|
|
Grade 2 (accruing time for RDOs) (per hour)
|
|
20.52
|
|
Grade 2 (not accruing time for RDOs) (per hour)
|
|
21.60
|
|
Grade 3 (accruing time for RDOs) (per hour)
|
|
21.43
|
|
Grade 3 (not accruing time for RDOs) (per hour)
|
|
22.57
|
|
Table 2 - Wage
Related Allowances
Clause
|
Item No
|
Allowance
|
From 1.7.07
|
|
|
|
$
|
8 (i)
|
1
|
Boiler
Attendants Certificate (per week)
|
13.40
|
8 (ii)
|
2
|
First
Aid Allowance (per week)
|
16.20
|
8 (iii)
|
3
|
Furniture
Removal Allowance (per shift)
|
2.66
|
8 (iv)
|
4
|
Laundry
Allowance (per shift)
|
1.74
|
8 (v)
|
5
|
Leading
hand in charge of 1-5 employees (per week)
|
31.00
|
8 (v)
|
6
|
Leading
hand in charge of 6-10 employees (per week)
|
35.00
|
8 (v)
|
7
|
Leading
hand in charge of 11-15 employees (per week)
|
45.80
|
8 (v)
|
8
|
Leading
hand in charge of 16-20 employees (per week)
|
53.00
|
8 (v)
|
9
|
Leading
hand in charge of over 20 employees (per week)
|
53.00
|
8 (v)
|
10
|
Leading
hand - for each additional employee over 20 (per week)
|
0.78
|
8 (vii)
|
11
|
Refrigeration
Drivers Certificate (per week)
|
13.60
|
8 (viii)
|
12
|
Reimbursement
torch batteries etc (per shift)
|
0.88
|
9 (ii)(a)
|
13
|
Broken
Shift Allowance
|
14.50
|
Table 3 - Expense
Related Allowances
Item
|
Clause
|
Brief
Description of Allowance
|
Amount
|
Amount
|
Amount
|
No
|
|
|
From
1.9.97
|
From
15.9.00
|
From
1.1.02
|
|
|
|
|
|
|
|
|
|
|
|
|
1
|
8(vi)(a)
|
Vehicle Allowance - Vehicles
under
|
42.1c
per km
|
44.8c
per km
|
|
|
|
1,600cc
|
|
|
|
2
|
8(vi)(a)
|
Vehicle Allowance - Vehicles
1,600cc -
|
58.8c
per km
|
62.5c
per km
|
|
|
|
2,700cc
|
|
|
|
3
|
8(vi)(a)
|
Vehicle Allowance - Vehicles
over
|
63.2c
per km
|
67.2c
per km
|
|
|
|
2,700cc
|
|
|
|
4
|
8(vi)(b)
|
Vehicle Allowance - Vehicles
under
|
17.6c
per km
|
18.7c
per km
|
|
|
|
1,600cc
|
|
|
|
5
|
8(vi)(b)
|
Vehicle Allowance - Vehicles
1,600cc -
|
20.9c
per km
|
22.2c
per km
|
|
|
|
2,700cc
|
|
|
|
6
|
8(vi)(b)
|
Vehicle Allowance - Vehicles
over
|
22.5c
per km
|
23.9c
per km
|
|
|
|
2,700cc
|
|
|
|
7
|
9(ii)(b)
|
Broken shift excess fares
allowance
|
$6.10
|
$6.50
|
$6.90
|
|
|
(per shift)
|
(As
at
|
(As
from
|
|
|
|
|
1.07.99)
|
20.9.00)
|
|
8
|
14(v)
|
Meal allowance
|
$8.30
|
$8.60
|
$9.60
|
|
|
|
(As
from
|
(As
from
|
|
|
|
|
1.07.99)
|
20.9.00)
|
|
I. TABBAA, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.