Crown Employees (Roads and Maritime Services Wages Staff) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 253 of 2012)

 

 

REVIEWED AWARD

 

Arrangement

 

Part A

 

Clause No.       Subject Matter

 

1.        Title

2.        Parties to the Award

3.        Enterprise bargaining infrastructure

3.1      RMS's Single Bargaining Unit (SBU)

3.2      Regional Consultative Groups

3.2.1   Project teams

3.2.2   Wages staff task groups

3.2.3   General principles

4.        Terms of employment

4.1      School Based Apprentices

4.2      General terms

4.3      Working hours

4.3.1   Normal work cycle

4.3.2   Flexible arrangements

4.3.3   Continuous work patterns

4.3.4   Accrued day off

4.3.5   General

4.3.6   Sydney Harbour Bridge maintenance staff

4.3.7   Averaged Work Pattern

4.3.8   Part-time employment

4.4       Shift work

4.4.1   General

4.4.2   Traffic signals technicians’ assistants

4.4.3   Traffic emergency patrollers

4.4.4   Tow Truck Staff

4.5       Secure Employment

4.5.1   Objective of this Clause

4.5.2   Casual Conversion

4.5.3   Occupational Health and Safety

4.5.4   Disputes Regarding the Application of this Clause

4.5.5   Non Application

5.        Payments

5.1       Rates of pay

5.1.1   Duration & operative dates for future increases

5.1.2   General

5.1.3   Apprentices

5.1.4   Trainees

5.1.5   Traffic signals technicians’ assistants

5.1.6   Truck drivers

5.1.7   Sydney Harbour Bridge (SHB) maintenance staff

5.2       Allowances

5.2.1   Operative dates of other rates and allowances

5.2.2   General

5.2.3   Lead paint removal allowance

5.2.4   Asbestos materials allowance

5.2.5   Asbestos eradication allowance

5.2.6   Asphalt plant repairs allowance

5.2.7   Long/wide loads allowance

5.2.8   Mechanical trades remote and servicing allowances

5.3      Higher duties

5.4      Overtime

5.4.1   General

5.4.2   Cribs

5.4.3   On call

5.4.4   Call out and call back

5.4.5   Standing by (Snow clearing - Cooma)

5.4.6   Meal allowance

5.5       Payment of wages and termination of employment

6.        Leave

6.1      General

6.2      Holidays

6.2.1   Public holidays

6.2.2   Union picnic day

6.2.3   Local public holidays

6.3       Annual leave

6.3.1   General

6.3.2   Annual close down

6.3.3   Shift workers

6.3.4   Annual leave loading

6.4       Long service leave

6.4.1   General

6.4.2   Effect of approved leave without pay on LSL entitlements

6.4.3   Taking of long service leave

6.4.4   Sick leave while on long service leave

6.4.5   Public holidays while on long service leave

6.4.6   Payment or transfer of long service leave on termination

6.5       Sick leave

6.5.1   General

6.5.2   Leave and workers’ compensation claims

6.5.3   Illness while on annual leave

6.6      Maternity leave

6.7      Adoption leave

6.8      Parental leave

6.9      Communication during maternity, adoption or parental leave

6.10    Rights of request during maternity, adoption or parental leave

6.11.   Family and Community Service Leave

6.12    Study leave

6.13    Examination and pre-examination leave

6.14    Military leave

6.15    Special leave

7.        Travel/Accommodation

7.1       Fares and travelling

7.1.1   Fares

7.1.2   Travelling Allowance

7.1.3   Transport provided by RMS

7.2       Distant work

7.3       Amenities

7.3.1   General

7.3.2   Sydney Harbour Bridge maintenance staff

7.4       Tea breaks and drinking water

8.        Other conditions

8.1      First aid

8.2      Union contributions

8.3      Union representatives

8.4      Certificates and licences

8.5      Work apparel

8.5.1   General

8.5.2   Protective clothing

8.6       Tools

8.6.1   Issue

8.6.2   Insuring tools

8.7       Grievance resolution and dispute settlement

8.7.1   Grievance resolution

8.7.2   Dispute settlement

8.7.3   Disputes relating to OHS issues

8.8       Anti-discrimination

9.        No extra claims

10.      Area incidence and duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay - Non Trades

Rates of Pay - Trades

Rates of Pay - Apprentices

 

Table 2 - Other Rates and Allowances

 

Appendix A: Workplace reform

 

1.        Benchmarking

2.        Process improvement

3.        Performance Planning and feedback

4.        Conditions of employment

5.        Occupational health and safety

6.        Consultation on excess staff

7.        Contractors' protocol

8.        Agreed procedures for market testing and contracting out

9.        Unplanned absenteeism (sick leave)

10.      Consultation

11.      Communication

12.      Field Input Data Operation (FIDO)

13.      Alliance model/contracting of works

 

Appendix B: Definitions

Appendix C: Market Testing and Contracting Out

Principles, Definitions and Consultative Process

 

1.        Principles

1.1      Selection of an area of work to market test

1.2      Conduct of market testing projects

1.3      Management of an area of work after market testing

2.        Definitions

3.        Consultative process

 

PART A

 

1.  Title

 

This Award is known as the Crown Employees (Roads and Maritime Services - Wages Staff) Award.  The terms of this Award apply to all wages staff of the Roads and Maritime Services, except those employed at Broken Hill who are covered by a separate Agreement with the Barrier Industrial Council, under Chapter 1A of the Public Sector Employment and Management Act 2002.

 

2.  Parties to the Award

 

The parties bound by the Award are the Roads and Maritime Services (hereinafter called the "RMS") and:

 

The Australian Workers' Union, New South Wales

 

Construction, Forestry, Mining and Energy Union (Construction & General Division) NSW Divisional Branch

 

Electrical Trades Union of Australia, New South Wales Branch

 

Transport Workers' Union of Australia (New South Wales Branch)

 

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch

 

New South Wales Plumbers and Gasfitters Employees Union

 

Hereinafter, parties other than RMS are called "unions".

 

3.  Enterprise Bargaining Infrastructure

 

Implementation of continuous improvement is based on consultation. The following bodies assist in facilitating a consultative and participative approach.

 

3.1      RMS's Single Bargaining Unit (SBU)

 

A joint advisory group, to be called the Single Bargaining Unit, consisting of nominated representatives from the unions, Unions NSW and RMS management meets regularly and continues to oversee the development, negotiation and implementation of an agreed enterprise arrangement to ensure:

 

a consistent approach

 

an effective implementation process in order to achieve the agreed outcomes within the allotted time frames

 

the achievement of sustainable and measurable productivity improvements.

 

3.2      Regional Consultative Groups

 

Regional Consultative Groups exist in each region and include both RMS nominees and union nominated wages staff.

 

The groups' role is to continue to promote positive cooperation in overseeing the implementation of each of RMS’s workplace reform agenda areas within the regions and to resolve any localised issues including industrial problems that arise during the implementation process.

 

The groups provide regular minutes/reports to, and as requested by, the SBU and refer any problems which cannot be resolved at the regional level to the SBU for determination.

 

3.2.1   Project teams

 

Project teams are established, if required, to oversee the technical development and implementation of RMS’s workplace reform agenda items.

 

Project teams are under the managerial control of an RMS Project Manager and include both RMS and union nominated wages staff representatives.

 

The project teams provide regular reports to, and as requested by, the SBU and refer any problems which cannot be resolved at the project level to the SBU for determination.

 

3.2.2   Wages staff task groups

 

Wages staff task groups are established as required to research and provide recommendations in line with the agreed terms of reference.

 

3.2.3   General principles

 

The SBU, project teams and regional consultative groups circulate the minutes of their respective meetings to relevant staff.

 

Wages staff representatives assigned to a project team, task group or regional consultative group are released from their normal duties, as required, to carry out the responsibilities to which they have been assigned. Should any problems arise related to such release, they are referred to the SBU.

 

Regional consultative groups:

 

are chaired (to be shared) by the union and RMS staff representatives

 

develop and implement a communication plan to ensure that directorate staff are kept fully informed of the work of the group and the ongoing implementation of the enterprise bargaining process across the directorate.

 

The SBU, project teams and regional consultative groups are able to second a wages staff member to the respective body if such staff member has special expertise relevant to the issue(s) being considered.

 

Nominated representatives and group members have agreed to relevant training to assist them in their roles.

 

The SBU, project teams, task groups and regional consultative groups are appropriately resourced in regard to clerical backup, time, provision of information and other identified needs.

 

4.  Terms of Employment

 

4.1      School Based Apprentices

 

(a)      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.

 

(b)      Wages

 

(i)       The hourly rates for full time apprentices as set out in this Award shall apply to school based apprentices for the total hours worked including time deemed to be spent in off-the-job training.

 

(ii)       For the purposes of subclause (b) (i) of this 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.

 

(iii)      The wages paid for training time may be averaged over the school term or year.

 

(iv)      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.

 

(c)      Progression through the Wage Structure

 

(i)       School based apprentices progress through the wage scale at the rate of 12 months’ progression for each two years of employment as an apprentice.

 

(ii)       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.

 

(d)      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 base apprentice.

 

(e)      Conditions of employment

 

Except as provide by this clause, school based apprentices are entitled to pro rata entitlements of all other conditions of employment contained in this Award.

 

4.2      General terms

 

(a)      You are employed on a weekly basis, unless otherwise specified.

 

(b)      If you are a new employee, you must complete a probationary period which is:

 

the first three months of your employment

 

on a daily basis during that period

 

at the appropriate weekly rate

 

able to be terminated at one day's notice from either party (you or RMS).

 

(c)      You are paid for any holidays that occur during your probationary period.

 

(d)      You may be engaged on a limited duration basis either for:

 

a term not less than three months and generally not exceeding 12 months, or

 

the duration of a project with anticipated starting and finishing dates.

 

As a limited duration employee you receive the pay rates and conditions of employment provided in this Award.

 

If your limited duration employment exceeds 12 months, the unions reserve the right to raise the issue of "permanent employment status" for you, unless you are employed for a specific project.

 

(e)      You may be engaged on a casual basis either:

 

for short terms or emergency projects

 

where you are required intermittently over a specified period of time (eg. for traffic control)

 

for a minimum period of three hours per engagement

 

for a continuous period not longer than three months.

 

As a casual employee you are paid:

 

the appropriate base rate plus 20% casual loading to compensate for all leave except long service leave

 

allowances provided for in this Award

 

for time worked outside ordinary hours, at overtime rates plus 20%.

 

(f)       As an RMS employee, you must carry out duties that:

 

you have the skills, competence and training to undertake and are safe to perform

 

are within the classification structure of this Award

 

do not promote de-skilling.

 

(g)      If directed by RMS, you must use the tools, plant and equipment for which you are trained.

 

(h)      RMS may require you to move from one work group to another to meet work requirements. Generally, these changes in location will be limited to work groups within 100 km.  If the movement involves a change in location over 100 km, your agreement to the change will be sought and you will be paid the appropriate entitlements as set out in clause 7, Travel/ Accommodation.  While performing these duties you will maintain your existing classification under the Wages Classification Structure, except where you are performing higher graded work under the provisions of subclause 5.3 - Higher Duties.

 

Nothing in this paragraph (h) prevents RMS from applying the distant work provisions set out in clause 7.2 Distant Work, for crews or gangs, who for work reasons are required to live away from their usual place of residence.

 

(i)       If you are absent from work you lose your pay for the period of time that you were absent unless the paid leave provisions apply (for further details governing leave provisions, refer to Section 6 of this Award).

 

(j)       If you arrive at work late or leave work early, your working time is calculated to the nearest 0.1 of an hour (ie. 6 minutes). The same calculation is used for overtime.

 

(k)      After the probationary period referred to in 4.2.(b), your employment can be terminated at any time as follows:

 

by one week’s notice on either side, or

 

by the payment or forfeiture of one week’s wages

 

without notice for misconduct.

 

(l)       If you are terminated "without notice" you are paid wages up to the time of termination only.

 

(m)     If you are on a week’s notice and during that time are absent from work without permission, it will be considered that you have abandoned your employment.

 

(n)      RMS may deduct wages for any day that you cannot be usefully employed, due to strikes, work stoppages or any cause for which RMS cannot reasonably be held responsible (not including wet weather), and where any other reasonable alternative duties are not available.

 

(o)      If you are an apprentice or a trainee and you lose time for any reason not considered satisfactory by RMS, RMS is entitled to deduct an amount proportionate to that time from your weekly wage.

 

(p)      If you are a "non-trades" employee, your pay rate includes an amount for being required to work in inclement weather.

 

4.3      Working Hours

 

4.3.1   Normal work cycle

 

(a)      Your contract of employment is based on 38 ordinary hours worked each week.

 

(b)      A normal working cycle consists of 152 hours and is:

 

19.  Working Days Within a 20 Day, Four Week Period, and

 

eight hours worked each day between 6.00 am and 6.00 pm.  However, your normal commencement time may be altered by agreement with your local manager and the majority of staff to allow you to commence your ordinary hours of work at 5:00 am.  The reason for such a change may include, wanting to leave work early on a day before a gazetted public or local public holiday or if it is anticipated the day in question may be an extremely hot day.

 

During this cycle, 0.4 of one hour (24 minutes) of each day worked is accrued. This entitles you to one day off in each four week cycle, known as an "Accrued Day Off (ADO)". Wages for accrued time are paid in the period during which it was accrued.

 

Note: This provision does not apply to Sydney Harbour Bridge maintenance staff (see Clause 4.3.6 for the working hours of this group).

 

(c)      For accrual purposes:

 

each day of paid leave taken during a four week work cycle is counted as a working day

 

any Public Holidays occurring during the work cycle are counted as 8 hours.

 

(d)      You or your work group may be required by local management to change starting/finishing times and the time/hours you work for the following reasons:

 

geography, climate or traffic conditions,

 

specific works, changes to hours, days or periods of the year (whole/part of a depot/individual), or

 

greater flexibility.

 

you will be given one (1)  week’s notice of the change.

 

4.3.2   Flexible arrangements

 

(a)      Alternatives to the normal work cycle include a:

 

nine day fortnight

 

four day week; or

 

any alternative work arrangements approved by management and endorsed by the Regional Consultative Group prior to implementation.

 

(b)      If your working time/hours are varied consistent with this subclause, you cannot work more than:

 

10 hours each day between 6:00 am and 6:00 pm

 

80 ordinary hours each fortnight.

 

(c)      If you work a nine day fortnight you receive one additional day off (making a total of two) in each 20 day, four week cycle.

 

(d)      If you work a four day week you receive three additional days off (making a total of four) in each 20 day, four week cycle.

 

(e)      For accrual purposes:

 

each day of paid leave you take during the flexible work cycle is counted as a working day

 

any Public Holidays occurring during the flexible work cycle are counted as 8 hours.

 

4.3.3   Continuous work patterns

 

(a)      Where local management and the majority of staff agree, the ordinary hours of work may be varied to include work on Saturdays and Sundays within the average of 38 hours per week.

 

(b)      If work time/hours are varied consistent with this subclause, you are:

 

paid 50% more than your ordinary rate for the first two hours and 100% more than your ordinary time rate thereafter for work on Saturdays that forms part of the 38 hours per week average

 

paid 100% more than your ordinary time rate for all work on Sundays that forms part of the 38 hours per week average

 

not required to work on more than ten consecutive days, and

 

rostered off for at least four consecutive days within the two week cycle. You are not paid for these days.

 

4.3.4   Accrued day off

 

(a)      By 30 September, RMS and the unions develop an ADO calendar for the following year. In doing so, they ensure that:

 

ADOs fall together with Public Holidays, where appropriate

 

attention is given to the dates on which ADOs are observed by the Building and Construction Industry.

 

(b)      Once the new ADO calendar is established it may be changed if local management and the majority of staff (whole/part of a depot/individual) agree.

 

Consideration is given to changing the calendar so that ADOs are observed on days where road traffic is likely to significantly reduce productivity (eg. the last day of the school term or local events such as the Bathurst car races).

 

(c)      It is essential that local management and staff designate additional days off where flexible arrangements are implemented to best meet the anticipated needs of RMS and to be equitable to staff.

 

Any additional days off should be incorporated into the ADO calendar.

 

(d)      Local management, in consultation with staff, may require you to carry out work on a programmed ADO, either indefinitely or for a prescribed length of time. If you work on a programmed ADO, you are:

 

given at least one (1) week’s  notice of the change

 

given a copy of the program of alternative ADOs

 

not paid penalty payments for this work, and

 

permitted to take an alternative working day off as your ADO (Note: This day is unpaid.)

 

(e)      RMS may require you to occasionally work on an ADO if the ADO:

 

stops others from carrying out their work

 

results in other staff having to complete maintenance tasks outside normal working hours

 

delays a project.

 

If you are required to work on your ADO without the notice period outlined in 4.3.4 (d), you are:

 

paid at the Saturday overtime rates

 

permitted another day off, where practical, before the end of the next work cycle. You are not paid for this day.

 

(f)       You may accrue a maximum of five ADOs providing there is agreement between:

 

RMS and the unions on a statewide basis, or

 

local management and a majority of staff (whole/part of a depot/individual).

 

4.3.5   General

 

Unless you are a shift worker, you are entitled to a meal break each day.  Meal breaks:

 

do not count as time worked

 

may be taken between 11:30 am and 1.30 pm

 

are for 30 minutes or up to one hour by agreement.

 

Generally, your meal break should commence not longer than 5 hours after the start of your normal work.

 

An exception applies if you work on roads where clearway arrangements apply. In such cases, local management and staff should discuss the daily meal break with a view to maximising working time during non-clearway hours.

 

4.3.6   Sydney Harbour Bridge maintenance staff

 

(a)      This clause applies to Sydney Harbour Bridge maintenance staff only

 

(b)      A normal working cycle within this clause consists of:

 

nine working days within a 10 day, two week cycle

 

eight hours and 27 minutes worked each day between 6:00 am and 6:00 pm

 

a 30 minute meal break which includes a paid 10 minute tea break and a 20 minute unpaid break between 11:30 am and 12 noon.

 

During this cycle, 51 minutes of each day worked is accrued. This entitles you to one day off in each two week cycle, known as an Accrued Day Off (ADO). Wages for accrued time are paid in the period during which it was accrued.

 

(c)      If an ADO falls on a Public Holiday, you may take your ADO on:

 

the next working day

 

an alternative day in the same two week cycle

 

an alternative day in the next two week cycle.

 

(d)      For accrual purposes:

 

Each day of paid leave you take during a two week cycle is counted as a working day.

 

Any Public Holidays occurring during the two-week cycle are counted as eight hours.

 

4.3.7   Averaged Work Pattern

 

(a)      If you are a continuous shift worker, your ordinary working hours are 38 per week which may be averaged over one or more normal work cycles depending on rostering arrangements.

 

(b)      Your accrued days off will be taken according to the agreed roster.

 

4.3.8   Part-time employment

 

(a)      You may be employed on a part time basis subject to the needs of RMS and in accordance with its policies and procedures for permanent part-time staff.

 

(b)      You may apply to work part-time and the decision to do so is voluntary.  No person can be directed or placed under duress to move from full-time to part-time work, or vice versa.

 

(c)      Part-time staff will be employed as required.

 

(d)      You may work additional hours by agreement. Where you work additional hours, the additional hours will be paid as follows:

 

ordinary rates of pay plus a loading of 4/48ths in lieu of recreation leave for work performed up to the normal daily working hours of full-time staff performing similar duties

 

appropriate overtime rates for work performed in excess of the normal working hours of full-time staff performing similar duties.

 

(e)      Individual working arrangements will be:

 

agreed between you and RMS.

 

set out in your appointment letter.

 

able to be varied at any time by negotiation between you and RMS.

 

(f)       The wages and conditions of employment for part-time staff will be based on a pro-rata application of wages and conditions of employment contained in this Award for full-time staff performing similar duties.

 

4.4      Shift Work

 

4.4.1   General

 

(a)      This clause outlines the conditions for shift work and applies to you unless you are a:

 

Traffic Signals Technicians Assistant

 

Traffic Emergency Patroller.

 

Sydney Harbour Bridge Tow Truck Team Leader, Driver or Attendant

 

The conditions for shift work applicable to these roles are detailed in subclauses 4.4.2, 4.4.3 and 4.4.4.

 

(b)      Shift work is worked between:

 

Sunday to Thursday inclusive, or

 

Monday to Friday inclusive.

 

Arrangements for working shifts are by agreement between local management and the majority of staff, provided that the choice of shift patterns does not prevent RMS from applying the shift work provisions to complete the work required.

 

(c)      For the purpose of this clause only:

 

"Ordinary shift hours" means hours worked in accordance with subclause clauses 4.3.1 - ‘Normal work cycle’ and 4.3.2 - ‘Flexible arrangements’. These arrangements must be agreed at a local level. Examples include:

 

19 working days of eight hours within a 20 day, four week cycle,

 

a nine day fortnight, or

 

a four day week.

 

In accordance with subclause 4.3.2, ordinary shift hours cannot be longer than ten hours.

 

"Continuous shift work" means work carried on with consecutive shifts of employees throughout the twenty-four hours of at least six consecutive days without interruption, except during breakdowns, meal breaks or due to unavoidable causes beyond the control of RMS.

 

"Early morning shift" means any shift commencing at or after 4:00 am and before 6:00 am.

 

"Afternoon shift" means any shift commencing at or after 1:00 pm and before 6:00 pm.

 

"Night shift" means any shift commencing at or after 6:00 pm and at or before 4:00 am.

 

(d)      The following loadings for ordinary shift hours apply, whether worked as a single shift or as a combination of shifts:

 

Shift	Loading
Early morning	12.5%
Afternoon	25%
Night	50%

 

(e)      If your normal shift is worked between:

 

Monday and Friday, the Friday shift starts before and finishes after midnight Friday.

 

Sunday and Thursday, the Sunday shift starts before midnight Sunday.

 

(f)       If you work on a Saturday, Sunday or Public Holiday you are paid at overtime rates, provided that:

 

Friday shifts referred to in clause (e) are paid at ordinary shift rates

 

Sunday shifts referred to in clause (e) are paid at ordinary shift rates after midnight Sunday.

 

(g)      If you work in excess of the agreed ordinary shift hours on Sunday to Thursday or Monday to Friday (excluding public holidays) you are paid double-time.

 

(h)      If you are required to work shift work you are given at least 48 hours notice. If your shift hours are changed, you are notified by the finishing time of your previous shift.

 

(i)       You cannot work more than one ordinary shift on any one day (eg. a day shift and a night shift). If you are required to work a second shift on a given day, the second shift is paid at overtime rates.

 

(j)       If you work a shift of less than five consecutive working days and it is:

 

due to your actions, you are paid normal shift rates

 

not due to your actions, you are paid overtime rates.

 

ADOs and Public Holidays (including the picnic day) are counted as single days worked and form part of the calculation towards your completion of five consecutive days worked for the purpose of this subclause.

 

(k)      When you are on shift work, you are allowed and paid 30 minutes crib time for each shift worked. Generally, it must be taken not more than five hours after the start of the shift. This break may be taken over several periods of time which total 30 minutes.

 

(l)       If you do not work a complete four week cycle you receive pro-rata accrued entitlements for each shift (or part shift) worked.

 

(m)     Local management and staff will agree on the:

 

arrangements for ADOs during your work cycle

 

accumulation of ADOs (to a maximum of five).

 

4.4.2   Traffic signals technicians’ assistants

 

(a)      If you are a Traffic Signals Technicians' Assistant:

 

an afternoon shift finishes after 6.00 pm and at or before midnight

 

a night shift finishes after midnight and at or before 8.00 am

 

regular afternoon or night shifts apply which are a normal feature of your work, occur five nights each week and are in operation for more than four consecutive weeks.

 

(b)      If you work regular afternoon or night shifts, you are paid at the normal rate plus 15%. Any work other than regular afternoon or night shifts is paid as follows:

 

the first five shifts are paid at time-and-a-half

 

more than five shifts and up to four weeks are paid at the ordinary rate plus 20%

 

more than four weeks are paid at the ordinary rate plus 15%.

 

(c)      If you work only night shifts, you are paid at the normal rate plus 30% for each shift you work.

 

(d)      Saturday time is:

 

worked between Friday midnight and Saturday midnight

 

paid at time-and-a-half for normal rostered shifts.

 

(e)      Sunday time is:

 

worked between Saturday midnight and Sunday midnight

 

paid at double-time.

 

4.4.3   Traffic emergency patrollers

 

(a)      If you are a Traffic Emergency Patrollers (TEPs), you are either a:

 

shift worker engaged on a combination of morning and afternoon shifts, or

 

continuous shift worker engaged on a 24 hour, 7 day, rotating roster.

 

(b)      You are not required to work more than 6 consecutive days during your roster cycle.

 

(c)      Your working hours and shift allowances are as follows:

 

Shift	Work commencing	Shift allowance
Early morning	at or after 4:00am	ordinary rate plus 12.5%
Day	at or after 6:00am	ordinary rate
Afternoon	at or after 1:00 PM	ordinary rate plus 12.5%
Night	at or after 4:00pm	ordinary rate plus 15%

 

(d)      You will be paid at time-and-a-half of the ordinary pay rate for all ordinary time worked on Saturday.

 

(e)      You will be paid at double the ordinary pay rate for all ordinary time worked on a Sunday.

 

(f)       You will be paid at double-time-and-a-half of the ordinary pay rate for all ordinary time worked on a Public Holiday.

 

(g)      You will be allowed and paid a crib break in accordance with subclause 4.4.1, paragraph (k) above.

 

(h)      Shift rosters operate in the following manner:

 

You are rostered to work shifts as required by RMS.

 

Notice of shifts to be worked is given at least seven days in advance.

 

If less than seven days notice is given of shift changes, you are paid at the same rate as your previous shift, provided it is greater.

 

(i)       If you are rostered on a special or spare shift and you are directed to work another shift which:

 

pays a lesser pay rate, then you are entitled to retain the pay rate of your normal shift

 

has a greater penalty, then you are entitled to the higher pay rate based on the inclusion of the penalty for the shift you actually worked.

 

(j)       If you are directed to temporarily work a shift that pays a lesser pay rate, you are entitled to retain the pay rate of your normal shift.

 

(k)      If you are directed to work at an alternative location, you are paid the appropriate fares to the new destination, in accordance with the provision outlined in Clause 7, Travel/Accommodation.

 

(l)       If you are required to change your shift and/or location with less than 48 hours notice, you are paid an additional 3 hours at your ordinary/unloaded pay rate, in addition to the provisions outlined above, in recognition of any inconvenience caused by the change to your shift pattern.

 

4.4.4   Tow Truck Staff

 

(a)      If you are a Tow Truck Driver or Tow Truck Attendant you are engaged on a 24 hour, 7 day, rotating roster.

 

(b)      Tow Truck Staff shall not be required to work more than 6 consecutive days during the roster cycle.

 

(c)      The working hours and shift allowances for Tow Truck Staff are as follows:

 

Shift	Work commencing	Shift allowance
Early morning	at or after 4:00am	ordinary rate plus 12.5%
Day	at or after 6:00am	ordinary rate
Afternoon	at or after 12 Noon	ordinary rate plus 15%
Night	at or after 6:00pm	ordinary rate plus 20%

 

(d)      Payment for all ordinary time worked on a Saturday shall be at the rate of time and one half of the ordinary rate of pay.

 

(e)      Payment for all time worked on a Sunday shall be at the rate of double the ordinary rate of pay.

 

(f)       Payment for all ordinary time worked on a Public Holiday shall be at the rate of double and one-half of the ordinary rate of pay.

 

(g)      You will be allowed and paid a crib break in accordance with subclause 4.4.1, paragraph (k) above.

 

(h)      Shift rosters shall operate in the following manner:

 

you shall be rostered to work shifts as required by RMS.

 

notice shall be given of shifts to be worked at least 7 days in advance.

 

where notice is given of a change in shift with less than 7 days notice, any shift so worked shall be paid at the rate of the previously rostered shift, provided it is greater.

 

(i)       If you are rostered on a relief line and your shifts, as notified in (g) above, are changed with less than 7 days notice you will paid at the rate of the previously rostered shift providing that it is greater.

 

(j)       Where you are directed to work at an alternate location, you will be paid the appropriate fares to the new destination in accordance with the provision outlined in Clause 7, Travel/ Accommodation.

 

(k)      Where you are required to change shift and/or location with less than 48 hours notice, you will be paid an additional 3 hours at the unloaded rate of pay, in addition to the provisions outlined in (i) above, in recognition of any inconvenience caused by the alteration to the shift pattern.

 

(l)       If you are rostered to work on a Public Holiday you will receive a day in lieu. This does not apply where you are rostered on a special or spare shift and are required to work on a Public Holiday.  In this case the Public Holiday loading will be paid.

 

4.5      Secure Employment

 

4.5.1   Objective of this Clause

 

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

 

4.5.2   Casual Conversion

 

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

 

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

 

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

 

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

 

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

 

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

 

1.        whether the employee will convert to full-time or part-time employment; and

 

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

 

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

 

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

 

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

 

4.5.3   Occupational Health and Safety

 

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

 

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

 

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

 

(b)      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.

 

(c)      Nothing in this subclause 4.5.3 is intended to affect or detract from any obligation or responsibility upon labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

4.5.4   Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

4.5.5   Non Application

 

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.  Payments

 

5.1      Rates of pay

 

5.1.1   Duration & operative dates for future increases

 

(a)      This Award takes effect on and from 1 July 2011 and operates until 30 June 2012.

 

(b)      Wages staff covered by this Award receive a 2.5% increase in base rates of pay payable from the first full pay period to commence on or after 1 July 2011.

 

(c)      The increases in base rates are paid in consideration of the acceptance of this Award. The new base rates are set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

5.1.2   General

 

(a)      The pay rates in this Award are premised on the "RMS Wages Classification Structure".

 

(b)      These rates are determined by competence, but as appropriate, may include any or all of the following components:

 

tradespersons' allowance

 

special loading

 

industry allowance

 

inclement weather allowance

 

follow-the-job loading, and

 

roll-up of allowances (including tool, hazard, HIAB, leading hand, etc.)

 

For a detailed list of pay rates, refer to Table 1, "Rates of Pay" in Part B, "Monetary Rates" of this Award.

 

For a detailed list of other rates and allowances, refer to Table 2, "Other Rates and Allowances" in Part B, "Monetary Rates" of this Award.

 

5.1.3   Apprentices

 

(a)      A tool allowance is included in your pay rate.

 

(b)      If you are an adult apprentice, you are paid the higher rate of:

 

4th year apprentices for the duration of your apprenticeship, or

 

that applicable to the substantive position that you held with RMS immediately prior to commencing your apprenticeship.

 

5.1.4   Trainees

 

If you are a Civil Construction Trainee you will be paid in accordance with the Crown Employees (Public Service Training Wage) Award.  For all your other conditions of employment refer to this Award.

 

5.1.5   Traffic signals technicians’ assistants

 

The pay rate includes compensation for:

 

dirty or hot work

 

working in the wet

 

working in confined or awkward places

 

other disability work for which there is no provision

 

5.1.6   Truck drivers

 

If you are a truck driver, your pay rate includes compensation for your requirement to work in inclement weather. All truck drivers are required to perform duties other than driving, loading and unloading vehicles, where such duties are available. These duties must be consistent with the work you currently perform.

 

5.1.7   Sydney Harbour Bridge (SHB) maintenance staff

 

(a)      If you are a SHB maintenance worker and are directed to work on the steel, you are paid an additional amount per week, as set out in Table 2, "Other Rates and Allowances", in Part B, "Monetary Rates" of this Award. This compensates for any disabilities arising from the nature of the bridge structure and its environs and is paid for all purposes of this Award.

 

(b)      If you are an apprentice located at the SHB, you are entitled to the SHB allowance, as outlined above, but you do not receive fares.

 

5.2      Allowances

 

5.2.1   Operative dates and future increases in other rates and allowances

 

(a)      Work related allowances eg Sydney Harbour Bridge Allowance, increases in line with percentage increases in rates of pay outlined in subclause 5.1.1 above, and applies from the same operative dates.

 

(b)      Expense related allowances, eg. overtime meal allowance, increases in line with movements of the same allowances and from the same operative dates as those contained in the Crown Employees (Skilled Trades) Award.

 

5.2.2   General

 

(a)      The allowances described in this section do not form part of your ordinary wage and are not paid for all purposes of this Award.

 

(b)      If more than one of the allowances provides payment for disabilities of substantially the same nature, only the highest rate is paid.

 

(c)      Allowances are paid irrespective of the time at which the work is performed and are not subject to any premium or penalty conditions.

 

5.2.3   Lead paint removal allowance

 

If applicable, you are paid on an hourly basis, as described in Table 2, "Other Rates and Allowances", in Part B, "Monetary Rates" of this Award, and only for the period of time when you are:

 

fully compliant with WHS management plans and safe systems of work

 

working on structures that are primed with lead-based paint

 

performing any of the following tasks:

 

Abrading by hand or mechanical means

 

Dry or wet blasting inside containment

 

Grit recovery inside containment

 

Bagging and packaging lead contaminated waste

 

Cleaning filters and/or performing internal maintenance on dust extractors

 

Setting up, operating and decommissioning the grit blaster (when using recycled materials), dust extractor and grit recovery unit

 

Erecting previously used containment sheeting

 

Removing and disposing of containment sheeting

 

Flame cutting or welding on the structure

 

Decontaminating and removing materials and equipment from within the confines of the containment

 

Bagging and un-bagging of lead contaminated personal protection equipment.

 

5.2.4   Asbestos materials allowance

 

If you are required to use materials containing asbestos or to work with others using asbestos, you are provided with the necessary safeguards, as required by the appropriate work health and safety authority. You must use all supplied safeguards.

 

In such cases, if the safeguards make the wearing of protective equipment mandatory, you are paid an hourly amount, as stated in Table 2, "Other Rates and Allowances", in Part B, "Monetary Rates" of this Award.

 

5.2.5   Asbestos eradication allowance

 

(a)      "Asbestos eradication" means working in a building or its surrounds to remove or neutralise any materials that contain asbestos.

 

(b)      If you are engaged in asbestos eradication:

 

all work must be conducted in accordance with the:

 

NSW Work Health and Safety Act 2011

 

Work Health and Safety Regulations 2011

 

you are paid an hourly amount as stated in Table 2, "Other Rates and Allowances", in Part B, "Monetary Rates" of this Award.

 

5.2.6   Asphalt plant repairs allowance

 

If you are a tradesperson, you are paid an additional hourly amount or part of an hour, as stated in Table 2, "Other Rates and Allowances", in Part B, "Monetary Rates" of this Award for repairs, maintenance or alterations to the following designated areas:

 

dryer drum

 

hot elevator

 

single chute (Bellambi)

 

screens

 

weighing hopper

 

pug mill

 

scrubbing bins, jets and scrubbing pits (Bellambi)

 

cyclone

 

hot bitumen kettle (Bellambi).

 

5.2.7   Long/wide loads allowance

 

If you are a truck driver and drive a loaded truck or articulated vehicle (excluding vehicles included in the definition of Truck Driver (Road Train)) which together with its load exceeds:

 

2.90m wide or 18.29m long or 4.30m high (measured from the ground level), you are paid an hourly amount with a minimum daily amount as stated in Table 2, "Other Rates and Allowances", in Part B, "Monetary Rates" of this Award

 

3.36m wide or 21.34m long or 4.58m high (measured from the ground level), you are paid an hourly amount with a minimum daily amount as stated in Table 2, "Other Rates and Allowances", in Part B, "Monetary Rates" of this Award.

 

5.2.8   Mechanical trades remote and servicing allowances

 

(a)      If you are a mechanical tradesperson instructed to work alone from a designated remote location, you are paid an allowance equivalent to 5% of the wage rate for a Mechanical Tradesperson, Grade 1 for the period you are required to work from that location.

 

(b)      If you are instructed to carry out the defined servicing role, you are paid an allowance equivalent to 2.5% of the wage rate for a Mechanical Tradesperson, Grade 3 for the period you are required to carry out that role.

 

5.3      Higher duties

 

(a)      You are entitled to the payment of higher duties if you are directed to perform the duties of a position graded higher than yours.

 

(b)      The Higher Duties Allowance (HDA) is payable for a minimum period of one day.

 

(c)      To be eligible for HDA, you must be able to satisfactorily perform the major functions of the position. You are not eligible for the HDA payment if you are learning the critical aspects of the higher graded position.

 

(d)      Your manager or supervisor must approve the period of higher duties prior to you starting in the higher graded position. Prior approval is also required if your period in the higher graded position is to be extended.

 

(e)      HDA is not applicable to positions that are multi-graded (eg. HDA is not applicable if you are a Roadworker Grade 2 working as a Roadworker Grade 3).

 

(f)       HDA is only paid to you where:

 

you fill an existing position during casual absences of the incumbent (eg. sick, annual or long service leave)

 

approval is given to create and place you in a temporary position that is intended to exist for a limited duration, (eg. for a specific project)

 

you are directed to perform certain functions for the purpose of maintaining accreditation (eg. RMS Plant accreditation)

 

you are directed to perform the duties of a higher graded position while on call-out or overtime because the regular person is unavailable. In such cases, where the higher graded role is performed during a period of overtime or call-out only, your HDA is paid at an hourly rate only for the period of the overtime or call-out.

 

(g)      If the required period of relief in the higher graded position is for six months or more, expressions of interest must be sought from the local work area.

 

(h)      If your higher duties position is a salaried position, your HDA is paid in accordance with RMS Policy.

 

5.4      Overtime

 

5.4.1   General

 

(a)      RMS may require you to work a reasonable amount of overtime at overtime rates. The overtime must be worked in accordance with these provisions. You may refuse to work overtime in circumstances where the working of overtime would result in unreasonable working hours. For the purposes of this clause, what is unreasonable or otherwise is determined with regard to:

 

any risk to your health and safety;

 

your personal circumstances, including family and carer responsibilities

 

the needs of the workplace or enterprise

 

the notice (if any) given by RMS regarding the working of the additional hours, and by you of your intention to refuse to work the additional hours,

 

any other relevant matters.

 

(b)      You are not required to report to work earlier than your set starting time or return later than your set finishing time without qualifying for overtime. However, if you travel outside your ordinary working hours you are only paid ordinary rates or as prescribed in clause 7.1.3 of this Award.

 

(c)      If you commence overtime work before or after a shift and continue for an unbroken period during which ordinary time is worked, your overtime is calculated by reference to the total hours worked.

 

(d)      If you work outside ordinary hours you are paid overtime at the following rates:

 

Description	Pay rate
First two hours	Time-and-a-half
After the first two hours	Double-time
All work after 12 noon Saturday	Double-time
All work on Sunday	Double-time
All work on a Public Holiday	Double-time-and-a-half
Regular overtime that normally commences	Time-and-a-half for the first two
after 12 noon on Saturday	hours, then double-time

 

(e)      If you are a required to work on a Saturday, Sunday or Public Holiday you are paid for a minimum of four hours or else paid for four hours at the appropriate rate.

 

(f)       If you are working overtime and you have not had 10 consecutive hours off duty after finishing your last shift, you must have 10 consecutive hours off duty after finishing your overtime.

 

If you work overtime on a Saturday, Sunday or Public Holiday (and these days are not your ordinary working days off or your ADO) and you have not had 10 consecutive hours off duty within the 24 hour period before starting your next shift, you must have 10 consecutive hours off duty after finishing your overtime.

 

If the 10 hours off duty occurs during ordinary working time you don't lose any pay.

 

(g)      If RMS instructs you to resume or continue work without having 10 consecutive hours off duty, you are:

 

paid double-time until the end of your duty

 

entitled to be absent, without losing any pay for ordinary working time, until you have had 10 consecutive hours off duty.

 

(h)      If you are a shift worker, the conditions in (g) apply, except that eight hours are substituted for 10 hours when overtime is worked:

 

for the purpose of changing shift rosters

 

where you are required to replace shift workers who do not report for duty

 

by arrangement between other staff and yourself.

 

(i)       Except in emergencies, you are not allowed to work more than a half hour of overtime if you are completing  holes for firing and before firing if you are excavating sandstone or working underground.

 

(j)       If you are a shift worker and work in excess of your shift hours (other than Public Holidays) you are paid double-time. All overtime in excess of shift hours on a public holiday is paid at double-time-and-a-half. All overtime payments are calculated using your ordinary wage rate.

 

(k)      RMS may delay a scheduled meal break by up to 1 hour 30 minutes to finish essential work without payment of additional rates.  In these circumstances you are given an equivalent amount of time for your meal break.

 

If you are required to work beyond 1 hour 30 minutes after your scheduled meal break you are paid at ordinary overtime rates until you receive a meal break. This provision does not apply if you are a shift worker who receives a paid crib break as part of your working arrangements.

 

5.4.2   Cribs

 

(a)      If you are required to work two or more hours of overtime after your normal finishing time, you are entitled to a:

 

30 minute crib break without loss of pay, after the first two hours, and

 

a similar time allowance for each additional four hours of overtime worked.

 

To qualify for this entitlement, you must continue to work after your allowed break.

 

(b)      If you work overtime on a Saturday, Sunday or Public Holiday and work continues after 12 noon, you are allowed a crib break of 30 minutes. This break is taken without loss of pay.

 

(c)      Having regard to statutory requirements, RMS and you may agree to a meal or crib break being taken at any time. If the break is not taken you are paid the appropriate overtime rate.

 

5.4.3   On call

 

(a)      You are deemed to be on call if you are directed by RMS to be available for duty outside ordinary hours at all times in order to attend to emergencies or breakdowns.

 

(b)      If you are on call you are not required to remain at home but you must be contactable and able to respond within a reasonable time.

 

(c)      If you are on call and are recalled to work you are paid a minimum of 4 hours at overtime rates. In such cases, if the time actually worked is less than 4 hours, that time worked does not affect your 10 hour break requirements, as stated in 5.4.1(g) and (h).

 

(d)      If you are on call, you are paid a daily allowance equivalent to two hours pay at single rates for your ordinary classification for each night worked, Monday to Thursday inclusive (apart from public holidays).

 

(e)      If you are on call you are paid a daily allowance equivalent to eight hours pay at single-time for your ordinary classification for the following:

 

Friday evening/Saturday Sundays/Monday morningsyour ADOs, andPublic Holidays.

 

(f)       Where on call provisions apply, if you are available you are allocated work according to a roster or some other arrangement agreed by the majority of staff.

 

5.4.4   Call out and call back

 

(a)      If you are recalled to work after leaving your job you are paid a minimum of four hours at overtime rates.

 

(b)      Subsequent call out or call backs occurring within the four hour period of a call out or call back do not attract additional payments.

 

(c)      If your call out or call back duties continue into what would be your ordinary working hours your entitlement is calculated as follows:

 

Overtime rates continue until the minimum four hours have elapsed.

 

Payment of your ordinary hours rate commences when the minimum four hours have elapsed.

 

(d)      If any portion of your call out or call back period continues into your ordinary hours, those hours after your ordinary starting time are considered part of your ordinary work hours.

 

(e)      Nothing in this clause should be interpreted in a manner that gives rise to a claim:

 

for the payment of ordinary hours in addition to any payment for call out, nor

 

that you have failed to meet your contract hours.

 

(f)       Payment for a call out or call back is calculated from the time that you depart for work. Payment ceases when you arrive at your residence or accommodation after returning directly from the call out or call back. 

 

Payment is made on the basis of a direct return to your home or accommodation.

 

5.4.5   Standing by (Snow clearing - Cooma)

 

(a)      Standing by is when you are directed to stand by in readiness to work overtime. It does not apply when you are on call.

 

(b)      If you are directed to be on stand by at home, work or elsewhere after ordinary hours, you are paid standing by time at the ordinary rate for the time you are on stand by.

 

5.4.6   Meal allowance

 

(a)      If you are required to work more than 1.5  hours after your normal finishing time you are provided with either a meal, or the amount to cover meal expenses, as set out in Table 2, "Other Rates and Allowances", in Part B, "Monetary Rates" of this Award.

 

(b)      When you complete an additional four hours continuous overtime, you are paid an amount for each subsequent meal in addition to your overtime payment, as set out in Table 2, "Other Rates and Allowances", in Part B, "Monetary Rates" of this Award.

 

(c)      If you receive an accommodation allowance that includes payment for an evening meal (see subclause 7.2), you are not entitled to payment under paragraph (a) above.

 

5.5      Payment of wages and termination of employment

 

(a)      Your wage is paid fortnightly

 

(b)      One day of each pay period is recognised as the pay day.

 

(c)      You will a receive a confidential docket with the following details:

 

gross amount and particulars of wages and allowances

 

amount and particulars of deductions

 

classification

 

date on which payment is made

 

period of employment to which the payment relates

 

amount and type of deductions.

 

(d)      Your wages are paid into your nominated bank account.

 

(e)      If your employment is terminated, except for misconduct, you are paid all wages/leave entitlements due to you at the time of termination.

 

(f)       If your employment is terminated for misconduct or you resign, you are paid all wages/leave due to you within one week after termination or after RMS is notified of your resignation.

 

(g)      The pay period closes not more than three working days before the recognised pay day. If you are not paid on the recognised pay day, you are paid at ordinary rates for all working time you are kept waiting.

 

6.  Leave

 

6.1      General

 

(a)      You must apply for leave in advance, except in emergency situations where prior notice cannot be given.

 

(b)      All your leave is subject to RMS approval.

 

(c)      Although some of your leave entitlements are stated in days, your leave entitlements and the recording of leave taken are in hours.

 

(d)      If you are appointed to RMS immediately from a position in the NSW Public Sector, you may transfer your accrued leave entitlements (recreation, sick, family & community services and long service leave) to your RMS position.

 

6.2      Holidays

 

6.2.1   Public holidays

 

(a)      This subclause covers all gazetted State Public Holidays. For local Public Holidays, refer to 6.2.3.

 

(b)      Public Holidays and picnic day are compensated at eight hours pay.

 

(c)      If a Public Holiday falls on a weekend, no additional payment is made unless you are required to work on that day.

 

(d)      If you are entitled to be paid for Public Holidays you are paid in full for any holidays occurring during a period of absence where you receive workers compensation payments.

 

(e)      If a Public Holiday occurs during the first two weeks in which you are granted leave without pay, you are paid for the holiday at your ordinary rate.  Public Holidays occurring after two weeks leave without pay are not paid.

 

(f)       If RMS terminates your services for reasons other than misconduct or incompetence, you are paid one day’s ordinary wages for each Public Holiday occurring within 10 calendar days after your termination date.

 

(g)      If more than two Public Holidays occur within a seven day period, they are regarded as a group of holidays. If the first day of the group occurs within 10 consecutive calendar days after the termination date, the whole group is considered to occur within the 10 consecutive days. For example, Christmas Day, Boxing Day and New Year’s Day are regarded as a group.

 

6.2.2   Union picnic day

 

(a)      The annual union picnic day occurs on the first Monday in December.

 

(b)      If you are not required to work on the picnic day you are paid at your ordinary rate.

 

(c)      If you are required to work on the picnic day you are paid double-time-and-a-half for a minimum of four hours.

 

(d)      You may be required by RMS to produce the picnic ticket butt as evidence of your attendance at the picnic.

 

(e)      If you are an apprentice or trainee and are required to attend classes/training on the picnic day, you are granted a day off in lieu.

 

6.2.3   Local public holidays

 

(a)      Unless specified elsewhere in this Award, you are paid for gazetted local Public Holidays if:

 

the holiday occurs on a normal working day

 

you are at work in the local area in the working day before and after the local Public Holiday

 

you have a reasonable excuse or approval from your supervisor to be absent from work on the working day before or after the Public Holiday.

 

you worked up to the time of general stoppage on the Public Holiday and resumed when the work recommenced.

 

(b)      You are not entitled to more than one local Public Holiday in a calendar year.

 

(c)      You may take this entitlement as two gazetted half days.

 

6.3      Annual leave

 

6.3.1   General

 

(a)      Annual leave accrues at one-and-two-thirds days for each completed month of service, up to a maximum of 160 hours per year.

 

Annual leave does not accrue for:

 

unauthorised absences

 

leave without pay exceeding five working days in a leave year, unless the leave is taken during annual close down (see 6.3.2).

 

(b)      Annual leave must be taken:

 

in one consecutive period up to six months after the completion of every 12 months of service

 

in not more than three separate periods throughout the year (with the agreement of RMS)

 

at a time convenient to RMS and you.

 

It is preferred that your periods of annual leave plus Public Holidays and your ADO be taken in whole weeks, (ie. Monday to Friday).

 

(c)      In exceptional circumstances, RMS may allow you to accumulate leave up to 40 working days, provided you agree to take your leave as soon as possible.

 

6.3.2   Annual close down

 

(a)      The current practice of taking annual leave accrued to 31 December during the December-January school holiday period will continue.

 

(b)      RMS may vary this practice by agreement between management and the majority of staff for reasons including geographic, climatic or urgent works. In such cases:

 

you may take a minimum of two weeks annual leave for the Christmas period in addition to the Public Holidays

 

the minimum period may be reduced with agreement between management and the majority of staff (the whole office, specific gangs or depots within an office), and the balance of annual leave is then taken at a time that generally coincides with school holidays.

 

(c)      If the whole or part of a depot is temporarily closed or reduced to a minimum function for the purposes of annual holidays, and you do not have sufficient leave to cover this period, RMS seeks to find you work. However, if work is not available you may be required to take leave without pay.

 

(d)      If you are required to take leave without pay during the annual close down period:

 

you are paid for all Public Holidays occurring during this period

 

this period counts for accrual of your annual leave.

 

6.3.3   Shift workers

 

(a)      If you are a seven day shift worker and your ordinary working period includes Public Holidays and Sundays, you are entitled to:

 

an additional week of annual leave if you work this arrangement for 12 months

 

additional annual leave of up to one week calculated on a pro-rate basis if you work this arrangement intermittently.

 

6.3.4   Annual leave loading

 

Your annual leave loading has been rolled into your weekly pay by increasing it by 1.35%.  This was effective from 1 December 1994.

 

6.4      Long service leave

 

6.4.1   General

 

(a)      The entitlement to long service leave is set by the Transport Administration Act 1988 (NSW).

 

(b)      If you have completed 10 years service recognised by RMS, you are entitled to long service leave of:

 

44 working days at full pay, or

 

88 working days at half pay, or

 

22 working days at double pay.

 

(c)      For each additional calendar year of service completed in excess of 10 years, you  accrue 11 working days long service leave.

 

(d)      From 1 January 2005, if you have completed 7 years of continuous service with RMS, or as recognised in accordance with g) and h) below, you are entitled to access your long service leave accrual indicated in b) above on a pro rata basis of 4.4 working days per completed year of service.

 

(e)      If you are a part-time or casual staff member, you are entitled to long service leave on the same basis as that applying to full-time staff, but payment for the leave will be calculated on a pro rata basis.

 

(f)       If you are a shift worker, the number of working days debited during your period of leave may include a Saturday or Sunday that may form a part of the ordinary roster.

 

(g)      All previous full-time (including limited duration) and part-time service with Roads and Maritime Services, the former Roads and Traffic Authority of New South Wales, Department of Main Roads, Department of Motor Transport or the Traffic Authority is taken into account as service when determining the appropriate rate of accrual of long service leave for staff employed on a full-time, part-time or casual basis.

 

(h)      Service with other NSW government bodies is also recognised in accordance with Schedule 3A of the Public Sector Employment and Management Act 2002.

 

(i)       Nothing in paragraphs g) or h) entitles you to payment for previous service recognised, where the accrual for that service has previously been taken as long service leave or paid out on termination.

 

6.4.2   Effect of approved leave without pay (LWOP) on long service leave entitlements

 

(a)      To determine if you have completed the required 10 years of service:

 

any period of approved leave taken without pay before 13 December 1963 counts towards calculating your length of service

 

any period of approved leave taken without pay after 13 December 1963 does not count towards your length of service.

 

(b)      If you have 10 years continuous service with RMS, or as recognised in accordance with paragraphs 6.4.1 g) and h) above, approved LWOP for the reasons listed below counts as service for long service leave accrual:

 

military service (eg. Army, Navy or Air Force)

 

major interruptions to public transport

 

periods of leave accepted as workers compensation.

 

(c)      If you have completed 10 years continuous service with RMS, or as recognised in accordance with paragraphs 6.4.1 g) and h) above, any period of approved LWOP not exceeding six months counts for the purposes of calculating your length of service.

 

6.4.3   Taking of long service leave

 

(a)      Subject to RMS approval, you may take long service leave:

 

at a time convenient to RMS;

 

for a minimum period of one hour

 

at full pay, half pay or double pay.

 

(b)      If you choose to take your leave at double pay, your:

 

long service leave balance is debited for the actual number of working days/hours of leave at full pay, plus the equivalent number of working days/hours at full pay necessary to make up the additional payment

 

additional payment is made to you as a taxed, non-superable allowance

 

leave entitlements accrue based on the actual number of working days you are absent from work while on long service leave.

 

(c)      If you choose to take your leave at half pay, your:

 

long service leave balance is debited at the rate of half the days/hours taken as long service leave

 

recreation leave entitlements accrue at half the ordinary rate for the days/hours you are absent from work

 

other entitlements accrue at the same rate for the actual days/hours you are absent from work.

 

(d)      If your ordinary hours of work are constant, payment is made at your current rate of pay.

 

(e)      If you are part-time or casual and your ordinary hours are not constant, payment is made based on your substantive rate of pay averaged over the past 12 months or the past 5 years, whichever is greater.

 

(f)       Your payment includes all allowances in the nature of wages but does not include any amounts normally paid for shift work, overtime, penalty rates or disabilities.

 

(g)      Your payment is increased to reflect any increment action that you become eligible for while you are absent on long service leave.

 

(h)      If you take long service leave while in service, you may choose to be paid fortnightly or in one lump sum in advance of taking the leave.

 

6.4.4   Sick leave while on long service leave

 

(a)      You are entitled to claim sick leave that occurs during an absence on long service leave when you are sick for five or more consecutive days.

 

(b)      To claim sick leave, you must provide a medical certificate for the period claimed as soon as possible.

 

(c)      If sick leave is approved, your long service leave balance is re-credited with:

 

the equivalent period of sick leave if you are taking leave on a full or half pay basis; or

 

the equivalent period of sick leave and the extra amount of long service leave entitlement accessed to make up the double pay allowance if you are taking leave on a double pay basis.

 

(d)      If you take your long service leave at double pay, RMS recoups any allowance already paid to you for the period being claimed as sick leave.

 

(e)      All the above apply if you take long service leave prior to your retirement but not if you take it prior to resigning or being terminated.

 

6.4.5   Public holidays while on long service leave

 

(a)      Public Holidays that fall while you are absent on long service leave are not recognised as long service leave and are not deducted from your long service leave balance.

 

(b)      Payment for such a Public Holiday is calculated as ordinary hours of work and paid at single time, even if you have chosen to take your long service leave at half-pay or double pay.

 

6.4.6   Payment or transfer of long service leave on termination

 

(a)      If you are entitled to long service leave on termination of your employment, including retirement, you are paid the monetary value of the leave as a gratuity, in lieu of taking the leave.

 

(b)      If you are employed on a full-time basis, your payment is calculated at the substantive rate of pay on your last day of service.

 

(c)      If you have at least five years’ but less than seven years' service as an adult, you are paid pro-rata long service leave if your employment is terminated:

 

by RMS for any reason other than serious and intentional misconduct, or

 

by your request in writing on account of illness, incapacity, domestic or other pressing necessity, or

 

(d)      In the event of c) applying, any period of leave without pay taken does not count as service.

 

(e)      If you resign to join another Government Department, and meet the requirements as defined by, Schedule 3A of the Public Sector Employment and Management Act 2002, you are entitled to have your long service leave accrual accepted by your new employer.

 

6.5      Sick leave

 

6.5.1   General

 

(a)      Your sick leave year commences on 1 January.  If you commence duty during the course of a calendar year you are credited with a pro-rata entitlement of 96 hours per year.

 

(b)      RMS may defer payment of your sick leave payment if you take sick leave during your first three months of service. In such cases, payment is deferred until after you have completed three months’ service.

 

(c)      After your first year of service, you are granted sick leave on full pay to a maximum of 96 hours in each sick leave year.

 

To be eligible for sick leave, RMS must be satisfied that your absence is not due to an illness or incapacity attributable to misconduct.

 

(d)      If you leave RMS and are re-employed in the same year, you are entitled to the lesser of:

 

a maximum 96 hours sick leave, or

 

the number of sick leave days you would have been entitled to had your employment been continuous from the date you were first employed that year.

 

(e)      Previous periods of employment are not taken into account for sick leave purposes.

 

(f)       Any sick leave not taken during your leave year accumulates and you may use it, as required, for genuine absences due to illness or incapacity.

 

(g)      If you are unable to attend work due to an illness or injury, you must contact your supervisor as soon as reasonably practicable preferably before your normal starting time. You must advise your supervisor of:

 

your inability to attend work

 

the nature of your illness or incapacity, and

 

the estimated period of your absence from work.

 

(h)      The granting of paid sick leave shall be subject to you providing evidence which indicates the nature of illness or injury.  If you are concerned about disclosing the nature of the illness to you manager you may elect to have the application for sick leave dealt with confidentially by an alternate manager or Human Resource Strategy Branch.

 

(i)       If you are absent from duty for more than 2 consecutive working days because of illness you must provide a medical certificate to RMS in respect of your absence.

 

(j)       If you take sick leave in excess of 5 uncertified working days in a calendar year you may be required to produce medical certificates for any further sick leave absences for the remainder of that calendar year.

 

(k)      As a general practice backdated medical certificates will not be accepted.  However, if you provide evidence of illness that only covers the latter part of the absence, you may be granted sick leave for the whole period if RMS is satisfied that the reason for your absence is genuine.

 

(l)       If RMS is concerned about the diagnosis described in the evidence of illness produced by you, after discussion with you, the evidence provided and your application for leave can be referred to a medical practitioner for advice.

 

The type of leave granted to you will be determined by RMS based on the medical advice received.

 

If sick leave is not granted, RMS will, as far as practicable, take into account your wishes when determining the type of leave granted.

 

(m)     RMS may direct you to participate in a return to work program if you have been absent on a long period of sick leave.

 

(n)      Nothing in clause 6.5.1 removes the right of RMS to request medical certificates for single day absences where required or from referring you to a medical practitioner for other reasons as prescribed in RMS's sick leave policy.

 

(o)      If you have exceeded five (5) uncertified sick days in a twelve (12) month period or where you exhibit a pattern of taking sick days immediately preceding or following weekends, RDO/ADO, public holidays or any other planned absences from the workplace, RMS may restrict your access to overtime.

 

(p)      The reference in this clause to evidence of illness shall apply, as appropriate:

 

for absences up to and including 5 working days evidence may be provided by a registered doctor, dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo facial surgeon or at RMS's discretion, other forms of evidence that satisfy that you had a genuine illness including from another registered health services provider,

 

where the absence exceeds five working days, and unless the health provider listed above is also a registered medical practitioner, applications for any further sick leave must be supported by evidence of illness from a registered medical practitioner.

 

(q)      If you have used all your accrued sick leave and are unable to return to work due to an illness or incapacity and you have supporting medical certificates, you may take:

 

accrued annual leave

 

accrued long service leave, or

 

sick leave without pay.

 

6.5.2   Leave and workers’ compensation claims

 

(a)      If you are waiting on the outcome of a claim for worker's compensation, you may be granted accrued sick leave. If your compensation claim is approved, sick leave taken is restored to your entitlement.

 

(b)      If you are absent from work for more than 26 weeks and you have:

 

sufficient sick leave available, you may use your available sick leave to top-up the difference between the statutory rate and your ordinary rate of weekly wage, less any shift loadings or other penalties

 

insufficient sick leave available, you receive the statutory weekly compensation payments only.

 

6.5.3   Illness while on annual leave

 

(a)      If you are sick for any period while on annual leave and you have a supporting medical certificate, you are entitled to:

 

accrued sick leave for the period covered by the medical certificate

 

have your annual leave replaced by the sick leave and your leave annual leave re-credited.

 

(b)      You are not granted sick leave for any annual leave taken prior to resigning or terminating your services.

 

6.6      Maternity leave

 

(a)      If you are a female staff member (including part-time and casual staff members who have worked for RMS on a regular and systematic basis for at least 12 months), you are entitled to unpaid maternity leave to enable you to retain your position and return to work within a reasonable time after the birth of your child.

 

(b)      You may be granted unpaid maternity leave on the following basis:

 

up to nine weeks before the expected date of birth

 

up to 12 months after the actual date of birth

 

(c)      If you are a permanent or limited duration staff member, you may be granted paid maternity leave if you have completed at least 40 weeks continuous service in the NSW public sector prior to the expected date of birth of your child at the ordinary rate of pay for:

 

fourteen weeks at full pay, or

 

28 weeks at half pay, or

 

a combination of the two options above.

 

(d)      You can request the equivalent pay for the period of leave in (c) above as a lump sum to be paid in advance of starting your maternity leave.

 

(e)      Your lump sum payment is made up to the maximum period indicated in (c), or for the period of leave actually taken, whichever is the lesser.

 

(f)       If you request to be paid for maternity leave as a lump sum and then request to return to work before the period of leave is completed, you must repay the remainder of the lump sum amount.

 

(g)      If you receive payment under this clause you are not entitled to any payment under clause 6.8 Parental Leave.

 

(h)      If you are on one form of leave and your child is born before the expected date of birth, your maternity leave commences from the date of birth of the child.

 

(i)       RMS shall not fail to re-engage you if you are a regular casual employee (see section 53(2) of the Industrial Relations Act 1996) because:

 

You or your spouse is pregnant; or

 

You have been immediately absent on maternity leave.

 

The rights of RMS in relation to your engagement and re-engagement are not affected, other than in accordance with this subclause.

 

(j)       If you commence a subsequent period of maternity leave or adoption leave within 24 months of commencing an initial period of maternity or adoption leave you will be paid:

 

at the rate you were paid before commencing the initial leave if you have not returned to work; or

 

at a rate based on the hours you worked before the initial leave was taken, where you have returned to work and reduced your hours during the 24 month period; or

 

at a rate based on the hours you worked prior to the subsequent period of leave where you have not reduced your hours.

 

6.7      Adoption leave

 

(a)      You are entitled to adoption leave if you are the person who assumes the primary role in providing care and attention to an adopted child.

 

(b)      Adoption leave starts from the date of taking custody of the child.

 

(c)      All staff (including casual staff members who have worked for RMS on a regular and systematic basis for at least 12 months) are entitled to unpaid adoption leave and this  may be taken as:

 

short adoption leave, being three weeks leave without pay

 

extended adoption leave:

 

up to 12 months on leave without pay

 

including any short or paid adoption leave

 

(d)      If you are a permanent or limited duration staff member, you may be granted paid adoption leave if you have completed at least 40 weeks continuous service with a NSW public sector organisation prior to taking custody of the child, at your ordinary rate of pay for:

 

fourteen weeks or;

 

28 weeks at half pay, or;

 

a combination of the above two.

 

(e)      You can request the equivalent pay for the period of leave in subclause d) above , as a lump sum that is paid in advance of starting adoption leave.

 

(f)       Your lump sum payment is made up to the maximum period indicated or for the period of leave actually taken, whichever is the lesser.

 

(g)      If you request to be paid for adoption leave as a lump sum and then you request to return to work before the period of leave is completed, you must repay the remainder of the lump sum amount.

 

(h)      If you receive payment under this clause you are not entitled to any payment under clause 6.8 Parental Leave.

 

(i)       If your partner is employed in the public sector, adoption leave is only granted to one of you for each adoption.

 

(j)       RMS shall not fail to re-engage you if you are a regular casual employee (see section 53(2) of the Industrial Relations Act 1996) because you are or have been immediately absent on adoption leave. The rights of RMS in relation to your engagement and re-engagement are not affected, other than in accordance with this subclause.

 

(k)      If you commence a subsequent period of maternity leave or adoption leave within 24 months of commencing an initial period of maternity or adoption leave you will be paid:

 

at the rate you were paid before commencing the initial leave if you have not returned to work; or

 

at a rate based on the hours you worked before the initial leave was taken, where you have returned to work and reduced your hours during the 24 month period; or

 

at a rate based on the hours you worked prior to the subsequent period of leave where you have not reduced your hours.

 

6.8      Parental leave

 

(a)      If you are not entitled to maternity or adoption leave, you may be entitled to unpaid parental leave to enable you, as a parent, to share in the responsibility of caring for your child or children, including if you are a casual employee who has worked for RMS on a regular and systematic basis for at least 12 months.

 

(b)      If you are employed on a full time or part time basis and you have completed at least 40 weeks continuous service with a NSW public sector, you are entitled to paid parental leave of:

 

one week at full ordinary pay; or

 

two weeks at half ordinary pay

 

the remainder of any requested leave is treated as unpaid leave.

 

(c)      Unless otherwise agreed, your entitlement to paid parental leave is paid at full ordinary pay for the first five days of approved leave, as set out in subclause b) above.

 

(d)      You may take approved parental leave as:

 

short parental leave for an unbroken period of up to five working days at the time of the birth or other termination of your spouse’s or partner’s pregnancy or, in the case of adoption, from the date of taking custody of your child or children

 

extended parental leave for a period not exceeding 12 months, less any paid or short parental leave already taken, as outlined above. (NB. extended parental leave is unpaid.)

 

(e)      You may commence your extended parental leave at any time within two years from the date of the birth of your child or the date of placement of the adopted child and leave may be taken:

 

full-time for a period not exceeding 12 months or;

 

part-time over a period not exceeding two years or;

 

partly full-time and partly part-time over a proportionate period of up to two years.

 

(f)       RMS shall not fail to re-engage you if you are a regular casual employee (see section 53(2) if the Industrial Relations Act 1996) because you are or have been immediately absent on parental leave. The rights of RMS in relation to your engagement and re-engagement are not affected, other than in accordance with this subclause.

 

6.9      Communication during Maternity, Adoption and Parental Leave

 

(a)      If you are on maternity, adoption and parental leave and a definite decision has been made to introduce significant change at the work place, RMS shall take reasonable steps to:

 

Make information available in relation to any significant effect the change will have on the status or responsibility level of the position you held before commencing maternity, adoption or parental leave; and

 

Provide an opportunity for you to discuss any significant effect the change will have on the status or responsibility level of the position you held before commencing maternity, adoption or parental leave.

 

(b)      You shall take reasonable steps to inform RMS about any significant matter that will affect your decision regarding the duration of maternity, adoption or parental leave to be taken, whether you intend to return to work and whether the you intend to request to return to work on a part-time basis.

 

(c)      You shall also notify RMS of changes of address or other contact details which might affect RMS’s capacity to comply with paragraph (a).

 

6.10    Rights of request during Maternity, Adoption or Parental Leave

 

(a)      If you are entitled to maternity, adoption or parental leave, you may request that RMS allow you:

 

To extend your period of unpaid maternity, adoption or parental leave for a further continuous period of leave not exceeding 12 months;

 

To return from a period of maternity, adoption or parental leave on a part-time basis until your child reaches school age;

 

To assist you in reconciling your work and parental responsibilities.

 

(b)      RMS shall consider the request having regard to your circumstances and, provided the request is genuinely based on your parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or RMS’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

(c)      Your request and RMS decision to be in writing

 

Your request and RMS’s decision made under paragraph (a) must be recorded in writing.

 

Where you wish to make a request under (a), dot point 2, such a request must be made as soon as possible but no less than seven weeks prior to the date upon which you are due to return to work from maternity, adoption or parental leave.

 

6.11    Family and community service leave

 

(a)      You may be granted family and community service leave for reasons related to unplanned and emergency family responsibilities or other emergencies outlined in subclause (b).  RMS may also grant leave for purposes as outlined in subclause (c).  Non emergency appointments or duties shall be scheduled or performed outside normal working hours or through approved use of other appropriate leave.

 

(b)      Such unplanned and emergency situations may include, but not be limited to, the following:

 

Compassionate grounds, such as the death or illness of a close member of the family or a member of your household;

 

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

 

Emergency or weather conditions; such as when flood, fire, snow or disruption to utility services etc, threatens your property and/or prevents you from reporting for duty;

 

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

 

Attendance at court by you to answer a charge for a criminal offence, only if the Department Head considers the granting of family and community service leave to be appropriate in a particular case;

 

(c)      Family and Community Service Leave may also be granted for:

 

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

 

Your attendance as a competitor in major amateur sport (other than Olympic or Commonwealth Games) or if you are selected to represent Australia or the State.

 

(d)      The maximum amount of family and community service leave payable at ordinary rates that you may be granted is the greater of:

 

Conditions	Entitlement
In the first 12 months of services	19 hrs (2.5 days)
In the second year of service	19 hrs (2.5 days)
For each completed year of service after two years
completed services	7.6 hrs (1 day)

 

(e)      If you are a part-time employee, family & community service leave is available to you on a pro-rata basis, based on your number of hours worked.

 

(f)       If your family & community service leave is exhausted, you may be granted additional paid family and community service leave of up to 3 days on a discrete, 'per occasion' basis to cover the period necessary to arrange or attend the funeral of a family member or relative.

 

(g)      For the purposes of this subclause, "family" means your:

 

spouse

 

de facto spouse, being a person of the opposite sex who lives in the same house as you as your husband or wife on a bona fide basis, although you are not legally married

 

child or adult child (including an adopted child, step child, foster child or ex-nuptial child)

 

parent (including a foster parent or legal guardian)

 

grandparent or grandchild

 

sibling (including the sibling of a spouse or de facto spouse)

 

same-sex partner who you live with as a de facto partner on a bona fide domestic basis, and

 

relative 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 another; and

 

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

 

(h)      Subject to approval, your accrued sick leave may be accessed when your family & community service leave has been exhausted, to allow you to provide short-term care or support for a family member who is ill.

 

(i)       Access to other forms of leave is available to you for reasons related to family responsibilities or community service, subject to approval. These include:

 

Accrued recreation leave

 

Leave without pay

 

Time off in lieu of payment for overtime.

 

Make up time.

 

(j)       You may elect, with RMS’s agreement, to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

(k)      You may elect, with the consent of RMS, to take annual leave not exceeding ten single days in single-day periods, or part thereof, in any calendar year at a time or times agreed between yourself and RMS.

 

(l)       Depending on your circumstances, you may take an individual form of leave or a combination of leave options. It is RMS’s intention that each request for family and community service leave be considered equitably and fairly.

 

(m)     If you were appointed to RMS and had immediate previous employment in the NSW Public Sector you may transfer your family and community service leave accruals from your previous employer.

 

(n)      Bereavement entitlements for casual employees:

 

If you are a casual employee, you are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in paragraph (e) of this subclause.

 

If you need to be unavailable to attend work for bereavement reasons, you and RMS shall agree on the period for which you will be entitled to not be available to attend work. In the absence of agreement, you are entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. You are not entitled to any payment for the period you do not attend.

 

If required by RMS, you must establish, by production of evidence of the need to take leave, such as a death certificate or statutory declaration providing details of the circumstances of death.

 

RMS shall not fail to re-engage you because you accessed the entitlements provided for in this subclause. The right of RMS to engage or not engage you is otherwise not affected.

 

(o)      Personal carers entitlement for casual employees:

 

If you are a casual employee, you are entitled to not be available to attend work, or to leave work if you need to care for a person prescribed in paragraph (e) of this subclause who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

RMS and you shall agree on the period for which you will be entitled to not be available to attend work. In the absence of agreement, you are entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. You are not entitled to any payment for the period you do not attend.

 

If required by RMS, you must establish, by production of a medical certificate or statutory declaration, the illness of the person concerned.

 

RMS shall not fail to re-engage you because you accessed the entitlements provided for in this subclause. The rights of RMS to engage or not the engage you are otherwise not affected.

 

6.12    Study Leave

 

(a)      You are entitled to study leave if you are studying a course which:

 

is appropriate to your present classification

 

is relevant to RMS, or

 

provides you with progression or reclassification opportunities.

 

(b)      Study leave is granted as follows:

 

Leave basis	Leave entitlement
Face-to-face students	The lesser of:
	One half hour for every hour of lectures,
	up to a maximum of four hours per week, or
	Twenty days per academic year
Correspondence students	The lesser of:
	One half hour for every hour of lecture
	time in the face-to-face course, up to a
	maximum of four hours per week, or
	Twenty days per academic year

 

6.13    Examination and pre-examination leave

 

To assist you when attempting final examinations in approved courses and to free you from work immediately prior to an examination, you are allowed a maximum of:

 

(a)      five days examination leave per calendar year for time spent travelling to and from and attending final examinations, or

 

(b)      half a day for pre-examination leave on the day of the examination, up to a maximum of five days per calendar year.

 

6.14    Military leave

 

If you are a part-time member of the Navy, Army (including 21st Construction Regiment) or Air Force Reserves you are eligible for military leave in accordance with RMS policy as follows:

 

Naval and Military Reserves up to 24 working days per year.

 

Air Force Reserves up to 28 working days per year.

 

6.15    Special leave

 

You may be granted special leave for certain activities that are not covered by other forms of leave, including:

 

jury service

 

as a witness when called or subpoenaed by the Crown

 

emergency volunteers

 

declared emergencies

 

emergency services and bush fire fighting courses

 

volunteers in policing - education programs

 

trade union activities and training, including

 

trade union training (up to 12 days every two years)

 

attending as a witness for a trade union

 

assisting counsel or acting as a union advocate

 

acting as a member of a conciliation committee

 

loan of your services to a trade union

 

as a member of a union executive or council

 

ex-armed services personnel (eg. Medical Review Board, etc.)

 

National Aborigines' Day

 

other miscellaneous activities associated with your required involvement:

 

as a returning officer

 

with local government - holding official office

 

with retirement seminars

 

as a bone marrow donor

 

with exchange awards- (eg. Rotary or Lions)

 

at sporting events -(eg. Olympic or Commonwealth Games)

 

with graduation and other academic ceremonies

 

with professional or learned society meetings/conferences.

 

7.  Travel/Accommodation

 

7.1      Fares and travelling

 

Subclauses 7.1.1 and 7.1.2 do not apply to you if you are:

 

attached to the Sydney Harbour Bridge maintenance office.

 

a Traffic Signals Technicians’ Assistant.

 

Subclauses 7.1.1, 7.1.2 and 7.1.3 will not apply if instead of using your own vehicle where you would have received payment for fares and/or travelling RMS provides you with a work vehicle to travel between your place of residence and the job site.

 

7.1.1   Fares

 

(a)      This subclause applies where a fare can be established by a recognised public transport route from your residence to your work place or established pick-up point.

 

(b)      If you travel to and from work by public transport you are paid all fares actually and necessarily incurred in excess of an amount per week or an amount per day, as stated in Table 2, "Other Rates and Allowances" in Part B, "Monetary Rates" of this Award. However, if RMS provides camping facilities or equivalent, and you travel to and from your residence each day, the excess fares described above, are not paid.

 

(c)      If you spend more than 10 minutes travelling each way between the nearest stopping place of any public transport service and your work you are paid for that time at your ordinary pay rate. Walking time is calculated at a rate of 1 km every 12 minutes.

 

(d)      If you elect to travel by your own transport, or because public transport is unavailable/impracticable, RMS pays the fare equivalent of public transport only.

 

(e)      Fares are only paid if you make a claim within 14 days of the date you incurred the expense.

 

(f)       If you choose to move your residence and this involves an increased cost to RMS, RMS reserves the right to base your fare payment on the distance travelled from your previous residence.

 

7.1.2   Travelling Allowance

 

The following allowance provisions do not apply where payment is made in accordance with clause 7.1.1, Fares.

 

(a)      If accommodation is not provided, public transport is not available and RMS does not provide transport, you are paid an amount per day, as set out in Table 2, "Other Rates and Allowances", in Part B, "Monetary Rates" of this Award, for the appropriate distance you must travel, as follows:

 

3, but not more than 10 km

 

More than 10 km but not more than 20 km

 

More than 20 km but not more than 30 km

 

More than 30 km but not more than 40 km

 

More than 40 km but not more than 50 km

 

More than 50 km but not more than 60 km

 

More than 60 km but not more than 70 km

 

More than 70 km but not more than 80 km

 

More than 80 km but not more than 90 km

 

More than 90 km but not more than 100 km

 

(b)      If you are directed to report to the worksite, amenities are provided in accordance with the WorkCover Code of Practice - Amenities for Construction Work.

 

(c)      If your work or established reporting place is more than 100 km from your residence, RMS provides accommodation, as per subclause 7.2(b), or suitable transport.

 

(d)      If RMS provides accommodation and you choose to travel to and from your residence each day, RMS does not pay a travelling allowance in excess of the 100 km rate.

 

(e)      If you choose to move your place of residence and this involves an increased cost to RMS, RMS reserves the right to base your travel allowance on the distance travelled from your previous residence.

 

7.1.3   Transport provided by RMS

 

(a)      Where RMS provides you with a vehicle to travel to a worksite, RMS pays travel time at ordinary rates for the time you spend travelling in excess of:

 

10 minutes each way from an established pick up point or a point no more than 3 km from your residence, or

 

20 minutes each way when you are provided with accommodation.

 

(b)      Travelling time will not be more than three hours each day. All time in excess of this is counted as work time and travel time at overtime rates.

 

(c)      Vehicles will leave promptly at finishing time.

 

(d)      Travel time is paid at ordinary rates where your worksite has facilities as outlined in the WorkCover Code of Practice - Amenities for Construction Work. If your worksite does not have these facilities, the time you spend travelling is deemed work time or travel time at overtime rates.

 

(e)      If you are the driver of an RMS vehicle and you transport other staff and materials to and from the worksite, you are paid overtime. If you are not the driver of such vehicles, you are paid travel time at ordinary rates. You are also paid travel time at ordinary rates if you use an RMS vehicle to attend training or other meetings.

 

(f)       If RMS transfers you from one job to another during working hours, RMS must:

 

pay your time spent travelling as time worked or overtime in accordance with (b) above, plus any additional fares

 

return you to the point from which you were transferred if RMS was unable to notify you the day before.

 

7.2      Distant work

 

(a)      If you are a Traffic Signals Technicians' Assistant this subclause does not apply to you because you receive arrangements commensurate with salaried staff when engaged on distant work.

 

(b)      "Distant work" is employment at a workplace that requires you to live away from your usual residence.

 

(c)      If you are sent from one place to another, RMS either:

 

(i)       Provides you with accommodation and pays for your meals, as follows:

 

At an established RMS camp

 

At a well kept establishment of at least 3 star motel accommodation (as defined in the NRMA Accommodation Directory) in either a single room or a twin room if a single room is not available

 

If suitable motel accommodation is not available, a single room hotel or private accommodation may be provided

 

If suitable motel, hotel or private accommodation is not available, you may be accommodated in a caravan park

 

If a suitable caravan park is not available, you may be accommodated in a caravan with a toilet, shower and air conditioning or another agreed facility. Caravans must include showers, air-conditioning and a toilet. Or,

 

(ii)       Pays you a ‘Country Allowance’ to provide for meals and overnight accommodation. This allowance is only paid for days when an overnight stay is involved. The daily rate is stated in Table 2, "Other Rates and Allowances" in Part B, "Monetary Rates (Country Allowance)" in this Award.

 

(d)      When you are provided with accommodation, you may elect not to have your meals paid for and to receive an amount, as stated in Table 2, "Other Rates and Allowances" in Part B, "Monetary Rates" of this Award, for breakfast, lunch, dinner and any incidental expenses incurred.

 

(e)      If you are provided with accommodation and meals you are entitled to an incidental payment of a set amount for each night spent away from your residence or headquarters, as stated in Table 2, "Other Rates and Allowances" in Part B, "Monetary Rates" of this Award.

 

(f)       Where possible RMS provides you with transport to and from Distant Work at the beginning and end of each work week/period. In this case the time you spend travelling to and from Distant Work is paid as per subclause 7.1.3.

 

(g)      Where RMS cannot provide you with this transport:

 

and you use your own private vehicle you are reimbursed the specified journey at a set rate per kilometre, as stated in Table 2, "Other Rates and Allowances" in Part B, "Monetary Rates" of this Award, or

 

RMS reimburses you for the cost of fares and return fares, and

 

You are paid for the time you spend travelling, as per subclause 7.1.3.

 

(h)      If you are required to report for duty on Distant Work, RMS will notify you at least two days before it is necessary for you to travel, except in case of emergency or unforeseen circumstances.

 

(i)       If RMS and the majority of staff engaged on Distant Work agree, your ADO may be taken at a time mutually agreed, or accrued up to a maximum of five days. Refer to clause 4.2 Working Hours.

 

(j)       Camps and accommodation must fulfil the requirements of the Work Health and Safety Act 2011 and its regulations at all times.

 

7.3      Amenities

 

7.3.1   General

 

(a)      RMS provides amenities for all staff engaged on works in accordance with the Workcover Code of Practice - Amenities for Construction Work.

 

(b)      If you are a tradesperson, RMS will provide you with a suitable, secure, weatherproof lock-up at the work place for your tools. If a lock-up is not provided and your tools are stolen by reason of RMS's negligence, RMS compensates you for the loss, in accordance with Clause 8.5 - Tools.

 

7.3.2   Sydney Harbour Bridge maintenance staff

 

(a)      If you are SHB maintenance worker, RMS provides a "clean/dirty" area for you to store your personal clothing separate from your protective clothing.

 

(b)      This area must have sufficient washing and showering facilities separated from all dirty sections of the area.

 

(c)      You are allowed the following breaks:

 

Five minutes before lunch to wash and put away personal belongings, or

 

Ten minutes before lunch if you have been performing tasks associated with lead paint removal (as outlined in 5.2.3), to shower and put away personal belongings, and

 

Ten minutes before finishing time to shower, and

 

Enough time before lunch and finishing time to reach an area from your place of work on the bridge.

 

(d)      You are provided with separate area for the storage of your clothes, tools and food. This area must not contain painting materials.

 

7.4      Tea breaks and drinking water

 

(a)      If you are not a SHB maintenance worker, you are entitled to a paid 20 minute morning tea break, as agreed with RMS. This break should not necessarily cause work stoppage.

 

RMS provides:

 

tea and coffee making facilities

 

cool drinking water.

 

(b)      If you are a SHB maintenance worker, you are entitled to a ten minute:

 

morning tea break, to be taken alongside your lunch break, and

 

tea break immediately before finishing time.

 

8.  Other Conditions

 

8.1      First aid

 

For full details, refer to the Work Health and Safety Regulation 2011.

 

If RMS appoints you to perform first aid, you are paid an additional daily amount, as stated in Table 2, "Other Rates and Allowances", in Part B, "Monetary Rates" of this Award.

 

8.2      Union contributions

 

(a)      The unions shall provide RMS with a schedule setting out its fortnightly membership fees payable by its members in accordance with its rules.

 

(b)      The unions shall advise RMS 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 RMS at least one month in advance of the variation taking effect.

 

(c)      Subject to (a) and (b) above, if you are a member of the union, RMS shall deduct your union fortnightly membership fees from your pay if you have authorised in writing, RMS to make such deductions

 

(d)      Monies so deducted from your pay shall be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to your union membership account.

 

(e)      Unless other arrangements are agreed to by RMS and the union, your union membership fees shall be deducted on a fortnightly basis.

 

(f)       If you have already authorised the deduction of your union membership fees from your  pay prior to this clause taking effect, nothing in this clause shall be read as requiring you to make a fresh authorisation in order for such deductions to continue.

 

8.3      Union representatives

 

If you are an elected union representative and you have been notified and accepted by RMS as an accredited union representative, you are allowed sufficient time in work hours to interview the supervisors, managers and staff you represent on matters affecting them.

 

8.4      Certificates and licences

 

Your weekly pay rate, as stated in Table 1, "Rates of Pay", in Part B, "Monetary Rates" includes 50 cents for your drivers’ licence whether or not you are required to drive plant items or motor vehicles. This is effective from your first full pay period commencing on or after 1 July 1997.

 

8.5      Work apparel

 

8.5.1   General

 

(a)      The work apparel issued to you in accordance with this clause is in addition to any other required personal protective clothing and equipment (PPE) issued by RMS.

 

(b)      RMS issues, free of cost, the following work apparel:

 

Item	Number
Trousers*	Five (5) in total, in any combination
Shorts*
Long pants*
High-visibility, long sleeve shirt*	Five (5) in total, in any combination
Cotton drill long sleeve shirt*
Windcheater (sloppy joe)	Two (2)
Jacket (light, heavy or spray)	Two (2)
Long socks	Five (5)
Belt	One (1)
Hat (stockman style)	One (1)
Gear bag	One (1)

 

* One pair of overalls may be substituted for any pants/shirt combination.

 

(c)      Your work apparel is replaced on a "fair wear and tear, new for old" exchange basis.

 

(d)      It is a condition of your employment that you wear the work apparel issued to you by RMS while you are on duty.

 

(e)      If you elect to wear cotton drill shirts, you must wear an approved, high-visibility garment over your shirt when you are working near traffic.

 

(f)       You are responsible for the cost of cleaning and maintaining your RMS-issued work apparel.

 

(g)      If you are a casual worker, you are initially issued with two sets of trouser and shirt combinations, plus other essential items (eg. belts, socks). All other items are issued on a "needs" basis (eg. winter jackets).

 

8.5.2   Protective clothing

 

RMS must provide you with personal protective clothing and equipment (PPE), as stated in your Safe Working Method Statements (SWMS), to ensure your health and safety in the workplace.

 

8.6      Tools

 

8.6.1   Issue

 

RMS provides you with all necessary special tools required to perform your work.

 

8.6.2   Insuring tools

 

(a)      RMS insures your tools against loss or damage by fire while the tools are on RMS premises or worksites.

 

(b)      RMS reimburses you for loss of tools, as follows:

 

up to a value, as stated in Table 2, "Other Rates and Allowances", in Part B, "Monetary Rates" of this Award.

 

if RMS has requested the tools be stored on the job

 

if they are stolen, by break and enter, outside ordinary working hours.

 

(c)      RMS may require you to provide a list of all your tools.

 

8.7      Grievance resolution and dispute settlement

 

8.7.1   Grievance resolution

 

(a)      RMS’s Grievance Resolution Policy (contained in RMS’s Human Resources Manual) provides the opportunity for workplace issues to be raised early and resolved locally in a timely manner.

 

(b)      A grievance is a personal concern/problem about work or the work environment that the staff member seeks hearing or resolution of, and may be the result of a perceived or actual concern regarding:

 

(i)       Allocation of work or development opportunities

 

(ii)       Workplace communication difficulties, or interpersonal disputes;

 

(iii)      Changes in work processes/practices.

 

(c)      The Grievance Resolution Policy and Grievance Resolution Procedure should be utilised when grievances arise..

 

(d)      Whenever the relevant Policy and Procedures are being followed, normal work will continue.

 

8.7.2   Dispute settlement

 

(a)      A dispute is a complaint or difficulty which affects more than one staff member. It may relate to a change in working conditions that is perceived to have a negative implication on staff.

 

(b)      It is essential that management and the unions consult on all issues of mutual interest and concern, not just issues considered likely to result in a dispute.

 

(c)      Failure to consult on all issues of mutual interest and concern to management and the unions is contrary to the intention of the following process.

 

(i)       If a dispute arises in a work location and that dispute cannot be resolved between staff or their representative and the supervisor, the dispute is referred to RMS Manager, Industrial Relations and Policy, or delegate, who then arranges for the dispute to be discussed with the unions.

 

(ii)       If the dispute cannot be resolved at this level, it is referred to RMS senior management.

 

(iii)      If the dispute cannot be resolved at this level, it is referred to the Industrial Relations Commission of NSW.

 

(iv)      While this process is continuing, there should be no work stoppages or any other form of work limitation.

 

(v)      The relevant union reserves the right to vary this procedure where a genuine safety factor is involved, in accordance with subclause 8.7.3.

 

8.7.3   Disputes relating to WHS issues

 

(a)      RMS and wages staff are committed to the Work Health and Safety Act 2011 and any other relevant statutory requirements, at all times.

 

(b)      When an WHS risk is identified or a genuine safety factor is the source of a dispute:

 

(i)       You have a duty to notify RMS of the risk through your Occupational Health & Safety Committee, and

 

(ii)       To allow RMS a reasonable amount of time to respond.

 

(iii)      RMS has a duty to address the issue identified, and

 

(iv)      Report on the issue within a reasonable timeframe.

 

(c)      If you notify WorkCover without allowing RMS a reasonable amount of time to respond to the issue, it is a breach of the legislative provisions.

 

(d)      RMS respects your right to refuse to continue working due to a genuine safety issue.

 

(e)      The unions and you acknowledge that the creation of an industrial dispute over an OHS matter that is not legitimate is a breach of the legislative provisions under section 268 of the Work Health and Safety Act 2011.

 

8.8      Anti-discrimination

 

(a)      It is the intention of all parties bound by this Award (RMS, the union and you) 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.

 

(b)      As such, it follows that in fulfilling your obligations under the dispute resolution procedure stated in this Award, all parties have an obligation 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 is consistent with the fulfilment of these obligations for the parties to make an application to vary any provisions of this Award if they believe it is directly or indirectly discriminatory.

 

(c)      Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because that employee:

 

(i)       has made a complaint of unlawful discrimination or harassment, or

 

(ii)       may make a complaint of unlawful discrimination or harassment, or

 

(iii)      has been involved in a complaint of unlawful discrimination or harassment.

 

(d)      Nothing in this clause is to be used to:

 

(i)       promote any conduct or act which is specifically exempted from anti-discrimination legislation

 

(ii)       enforce the offering or provision of junior pay rates to people under 21

 

(iii)      promote any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977

 

(iv)      prevent any party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

(e)      This clause does not create legal rights or obligations in addition to those imposed upon all parties by the legislation referred to in this clause.

 

NOTES

 

1.        RMS and staff may also be subject to Commonwealth anti-discrimination legislation.

 

2.        Section 56(d) of the Anti-Discrimination Act 1977, states:

 

"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."

 

9.  No. Extra Claims

 

The parties agree that during the term of this Award there will be no extra claims, claims for improved conditions of employment, or demands made in respect of the staff covered under this Award, and further, that no proceedings, claims or demands concerning wages or conditions of employment in respect of those staff will be instituted before the Commission or any other arbitral tribunal. 

 

The terms of the preceding paragraph do not prevent the parties from instigating any proceedings with respect to the interpretation, application or enforcement of existing award provisions contained in this Award.

 

10.  Area Incidence and Duration

 

This Award will be known as the Crown Employees (Roads and Maritime Service - Wages Staff) Award.

 

This Award applies to Wages Staff employed within the classifications set out in Part B, Monetary Rates by the Roads and Maritime Services, Division of the Government Service of New South Wales, under Chapter 1A of the Public Sector Employment and Management Act 2002 (NSW). 

 

This Award shall take effect on and from 4 April 2012, and will remain in force until 30 June 2012 this being the term of the original Award,

 

Part B

 

MONETARY RATES

 

Table 1 - Rates of Pay - Non Trades

 

Pay point	Positions	2.5% Opve
		ffpp o/a
		1/7/2011/week
		$
1	Roadworker Grade 1	910.60
	Sydney Harbour Bridge Worker Grade 1
2	Roadworker Grade 2	935.00
	Sydney Harbour Bridge Worker Grade 2
3	Roadworker Grade 3	959.70
	Linemarker Grade 1
	Building Attendant
	Sydney Harbour Bridge Worker Grade 3
4	Bridge Worker Grade 4	984.20
	Technician’s Assistant Grade 1
	Works Assistant Grade 1
	Road Worker Grade 4
	Plant Operator Grade 1
	Roller Operator
	Tow Truck Attendant
	Linemarker Grade 2
	Storeperson Grade 1
	Sydney Harbour Bridge Worker Grade 4
	Traffic Emergency Patroller
5	Bridge Worker Grade 5	1009.00
	Technician’s Assistant Grade 2
	Road Worker Grade 5
	Plant Operator Grade 2
	Truck Driver (MR General)
	Truck Driver (Stores)
	Linemarker Grede 3
	Storeperson Grade 2
	Rigger Grade 1
6	Technician’s Assistant  Grade 3	1033.50
	Works Assistant Grade 2
	Bituminous Spray Operator
	Plant Operator Grade 3
	Truck Driver (MR Gang Truck)
	Truck Driver (HR Truck - General)
	Water Cart Operator
	Snowplough Operator
	Rigger Grade 2
7	Works Assistant Grade 3	1058.10
	Truck Driver (HR Gang Truck)
	Truck Driver (Semi Trailer)
	Rigger Grade 3
8	Rigger Grade 4	1082.70
	Bitumen Spray Driver
	Finishing Grader Operator
	Truck Driver (Tow Truck)
9	Truck Driver (Road Train)	1107.40
	Team Leader (Rigger)
	Team Leader Grade 1
	Team Leader (Stores)
	Traffic Emergency Patroller (Team Leader
10		1132.00
11		1156.50
12	Team Leader Grade 2	1181.20
	Team Leader (Tow Trucks)

 

Rates of Pay - Trades

 

Pay point	Positions	2.5% Opve
		ffpp o/a
		1/7/2011/week
		$
1	Painter Grade 1	991.40
	Traffic Facilities Painter Grade 1
2	Plasterer Grade 1	1007.90
3	Mechanical Trades Grade 1	1013.10
	Fitter Grade 1
4	Painter Grade 2	1016.00
5	Signwriter Grade 1	1020.90
6	Metal Fabricator Grade 1	1023.30
	Plumber Grade 1
7	Shipwright Grade 1	1032.20
8	Painter Grade 3	1041.00
	Traffic Facilities Painter Grade 2
9	Bridge Maintenance Welder Grade 1	1042.10
	Construction Carpenter Grade 1
10	Electrician Grade 1	1064.10
11	Painter Grade 4	1065.60
	Traffic facilities Painter Grade 3
12	Mechanical Trades Grade 2	1067.60
	Fitter Grade 2
13	Signwriter Grade 2	1071.90
14	Metal Fabricator Grade 2	1074.50
	Plumber Grade 2
15	Bridge Maintenance Welder Grade 2	1094.20
	Construction Carpenter Grade 2
16	Signwriter Grade 3	1097.50
17	Electrician Grade 2	1117.40
18	Construction Carpenter Grade 3	1120.10
19	Mechanical Trades Grade 3	1121.20
	Fitter Grade 3
20	Plumber Grade 3	1125.80
21		1156.50
22	Electrician Grade 3	1170.20
23		1174.50
24	Plumber (Team Leader)	1181.20
	Mechanical Trades Team Leader
	Fitter (Team Leader)
	Bridge Maintenance Welder (Team Leader)
	Metal Fabricator (Team Leader)
	Construction Carpenter (Team Leader)
	Shipwright (Team Leader)
	Signwriter (Team Leader)
	Painter (Team Leader)
	Traffic Facilities Painter (Team Leader)
25	Electrician (Team Leader)	1223.40

 

Rates of Pay - Apprentices

 

Pay	Positions	2.5% Opve
point		ffpp o/a
		1/7/2011/week
		$
Apprentice 1st Year
1	Painter/Decorator	443.90
	Signwriter
2	Radio Fitter/Mechanic	451.60
	Electrical Fitter/Mechanic
3	Bricklayer	457.50
4	Plant Mechanic	465.80
	Motor Mechanic
	Fitter/Turner
	Boilermaker
	Sheetmetal Worker
	Blacksmith
	Trimmer
	Welder
	Plumber
5	Carpenter/Joiner	485.00
	Shipwright
6	Bridge & Wharf Carpenter	494.90
Apprentice 2nd Year
7	Painter/Decorator	575.20
	Signwriter
8	Radio Fitter/Mechanic	582.80
	Electrical Fitter/Mechanic
9	Bricklayer	588.60
10	Plant Mechanic	596.90
	Motor Mechanic
	Fitter/Turner
	Boilermaker
	Sheetmetal Worker
	Blacksmith
	Trimmer
	Welder
	Plumber
11	Carpenter/Joiner	616.50
	Shipwright
12	Bridge & Wharf Carpenter	626.30
Apprentice 3rd Year
13	Painter/Decorator	730.10
	Signwriter
14	Radio Fitter/Mechanic	737.90
	Electrical Fitter/Mechanic
15	Bricklayer	743.30
16	Plant Mechanic	751.90
	Motor Mechanic
	Fitter/Turner
	Boilermaker
	Sheetmetal Worker
	Blacksmith
	Trimmer
	Welder
	Plumber
17	Carpenter/Joiner	770.90
	Shipwright
18	Bridge & Wharf Carpenter	780.70
	Apprentice 4th Year
19	Painter/Decorator	837.50
	Signwriter
20	Radio Fitter/Mechanic	845.30
	Electrical Fitter/Mechanic
21	Bricklayer	850.90
22	Plant Mechanic	859.60
	Motor Mechanic
	Fitter/Turner
	Boilermaker
	Sheetmetal Worker
	Blacksmith
	Trimmer
	Welder
	Plumber
23	Carpenter/Joiner	878.70
24	Bridge & Wharf Carpenter	888.10

 

Table 2 - Other Rates and Allowances

 

Clause	Description	2.5% Opve
		ffpp o/a
		1/7/2011
		$
5.1.7	Sydney Harbour Bridge Maintenance Staff
(a)	Sydney Harbour Bridge Allowance	181.10
5.2.3	Lead Paint Removal Allowance	2.15
5.2.4	Asbestos Materials Tradespersons	0.88
5.2.5(c)	Asbestos Eradication Tradespersons	2.37
5.2.6(a)	Asphalt Plant Repairs Tradespersons	0.88
5.2.7	Long/Wide Loads Allowance
	Transport Workers
	2.90m wide or 18.29m long or 4.30m high	2.2450
	minimum payment	8.98
	3.36m wide or 21.34m long or 4.58m high	4.1975
	minimum payment	16.79
5.4.6	Meal Allowance
(a)	First meal	11.30
(b)	Subsequent meal	9.50
7.1.1	Fares
(b)	per week	12.00
	per day	2.40
7.1.2	Travelling Allowance
(a)	3     10    km	4.20
	10   20    km	8.30
	20   30    km	12.40
	30   40    km	16.50
	40   50    km	20.70
	50   60    km	24.80
	60   70    km	29.00
	70   80    km	33.00
	80   90    km	37.20
	90   100   km	41.30
7.2	Distant Work
(c) (ii)	Board & lodging	678.30
	Broken parts of week where camp not	96.90
	provided
(d)	Breakfast	20.65
	Lunch	23.60
	Dinner	40.65
(e)	Incidentals	8.00
(h)	Private Vehicle over 2600 cc	0.300/km
	Private Vehicle 1601 - 2600 cc	0.296/km
	Private Vehicle under 1600 cc	0.252/km
8.1	First Aid
(b)	First aid Allowance	3.16
8.6.2	Insuring tools
(b)	Reimbursement for loss	1431.00

 

Appendix A

 

WORKPLACE REFORM

 

1.        Benchmarking

 

The parties agree to co-operate in benchmarking processes to measure performance of RMS Road Services Business Units against other public and private sector road services providers.

 

2.        Process improvement

 

RMS, unions and wages staff are committed to ensuring effective and efficient customer service and product delivery by analysing and recommending changes in processes, systems or procedures which result in improvement in productivity and/or the elimination of duplication and waste. The regional consultative groups monitor the development and implementation of process improvement and provide appropriate updates, reports and recommendations to the SBU.

 

3.        Performance Planning and feedback

 

RMS will implement a performance planning and feedback scheme that applies to all wages staff and is:

 

implemented in consultation with the unions that will link performance in the workplace with the goals of RMS, its regions and work units

 

supported by appropriate training

 

evaluated and monitored by the SBU.

 

This scheme recognises and reflects the increasing importance of teams in RMS and their contribution to service and quality.

 

The parties are committed to:

 

ensuring teams and wages staff understand the relationship or interdependence of their role with other teams and wages staff'

 

clearly defining expectations for each team and wages staff member against the agreed goals of RMS and productivity standards ensuring each team and wages staff member clearly understands RMS’s objectives, their work unit's goals and how their role is integral to the achievement of these objectives and goals

 

obtaining feedback from teams and wages staff on RMS's work practices, management practices and possible innovations

 

encouraging teams and wages staff to participate in their work unit’s decision making process.

 

4.        Conditions of employment

 

(a)      The parties are committed to the development and implementation of changes in conditions of employment that are customer focused and are equitable in application.  Any changes are:

 

developed and implemented in consultation with the unions to link performance in the workplace with the goals of RMS

 

evaluated and monitored by the SBU.

 

(b)      In making this commitment, the parties accept, in principle, the need to:

 

review current work practices to ensure that they are customer focused and maximise the effective and efficient use of resources

 

review and rationalise administrative procedures

 

reduce and update documentation

 

ensure, where possible, consistent working conditions for all wages staff

 

provide opportunities for all wages staff to better manage their working and personal lives

 

review current work patterns to investigate flexible work arrangements which better meet wages staff and customers’ needs.

 

5.        Occupational health and safety

 

(a)      RMS is committed to ensuring the health, safety and wellbeing of its staff in the workplace. This is achieved by:

 

implementation of appropriate health and safety practices and procedures

 

appropriate management policies and practices

 

the active and constructive involvement of all wages staff; and

 

management and wages staff representatives’ participation on occupational health and safety committees.

 

(b)      RMS encourages wages staff to take a constructive role in promoting improvements in occupational health, safety and welfare to assist RMS in achieving a healthy and safe working environment.

 

6.        Consultation on excess staff

 

RMS is committed to managing excess staff through a consultative approach in accordance with its policy and continuous improvement strategies.

 

The parties are committed to the development and implementation of a process to ensure equitable treatment of excess staff throughout RMS.

 

Such a process includes appropriate training, career and financial assistance counselling, provision of equipment and participation in RMS's Job Assist Scheme as set out in policy.

 

The implementation of any clause in this Award is not intended to cause any forced redundancies.

 

It is not the intention that any clause in this Award prevents RMS managing excess staff in accordance with Government policy and through a consultative process with wages staff and the unions.

 

7.        Contractors' protocol

 

Where work is to be carried out by contract, including sub-contract, RMS:

 

abides by the provisions of the Industrial Relations Management Guidelines, December 1999, as developed by the NSW Government's Construction Policy Steering Committee.

 

abides by the terms and conditions of RMS and Combined Unions’ Contractors’ Protocol Policy being developed by the parties.

 

ensures that all tenders are properly scrutinised to ensure that prospective tenderers would, if successful, be paying the rates and providing conditions contained in the appropriate award and/or registered industrial agreement, as well as complying with other statutory provisions and RMS specified standards including but not limited to RMS's safe working procedures, RMS's traffic control procedures and RMS's quality standards and the provisions set out in clause A9, Work environment.

 

on being advised or otherwise becoming aware that a contractor or sub-contractor is not paying award rates, providing award conditions or complying with any other statutory provisions and RMS standards including but not limited to RMS's safe working procedures, RMS's traffic control procedures and RMS's quality standards, as set out in point 4, Work Environment, of this Appendix, takes necessary action to ensure that the situation is immediately rectified. Should the contractor or sub-contractor continue to breach the provision then appropriate action including termination of contract is implemented, if appropriate.

 

8.        Agreed procedures for market testing and contracting out

 

Where work is presently carried out by RMS wages staff, the parties agree that the Government's policy on Market Testing and Contracting Out is observed. If increased efficiency through contracting out is to be considered, full consultation on all aspects, including the contracting out process and the capacity of wages staff to perform the work under contractual conditions, takes place between RMS and the unions before initiating any change to operations presently carried out by RMS wages staff.

 

This is to ensure that all parties are informed of plans and wages staff can offer input, seek clarification of issues and be kept abreast of major developments. (See Appendix C for Principles, Definitions and Consultative Process).

 

9.        Unplanned absenteeism (sick leave)

 

The parties are committed to implementing tailored strategies to reduce the level of sick leave being taken by staff.

 

Wages staff who have a good employment and sick leave record and who have been suffering from a genuine prolonged illness continue to be entitled, by Chief Executive approval, to additional paid sick leave should they exhaust their existing paid sick leave entitlement.

 

10.      Consultation

 

The parties agree that in order to maximise the benefits that can be obtained through the enterprise bargaining process there is a need for full and open consultation on all relevant issues affecting wages staff and unions.

 

The parties are committed to timely and effective consultation which provides RMS wages staff and unions with the opportunity for input into such matters that impact upon them prior to their implementation.

 

11.      Communication

 

The parties agree to continue to implement initiatives designed to ensure that there are structured communication processes between RMS’s corporate directorates and Operations and Services Directorate, regional and frontline areas to ensure timely and accurate upward and downward feedback.

 

12.      Field Input Data Operation

 

The parties agree to fully implement the Field Input Data Operation (FIDO) system to improve scheduling and prioritising of maintenance works.

 

13.      Alliance Model/Contracting of Works

 

The parties agree to fully implement the Alliance Model of work in Road and Fleet Services (RFS), whereby RMS staff work along side private industry parties in order to achieve the outcomes of RFS.

 

Appendix B

 

DEFINITIONS

 

Adult apprentice

 

Means a person who commences their apprenticeship with RMS at age 21 years or older.

 

RMS

 

The Roads and Traffic Authority of New South Wales as constituted under Section 46 of the Transport Administration Act, 1988.

 

Staff/Employee

 

Means a person(s) engaged by RMS, a Division of the Government Service of New South Wales under Chapter 1A of the Public Sector Employment and Management Act 2002 .and whose conditions of employment are bound by this Agreement.

 

Safe system of work

 

The Safe System of Work on the Sydney Harbour Bridge is documented in the Memorandum of Agreement between the Labor Council of NSW (Unions NSW), the unions and the Commissioner for Main Roads, dated 28 October 1988, as amended from time to time.

 

Follow the job loading

 

Means an allowance paid as compensation for lack of continuity of employment and for the need to change work locations in the construction industry.

 

Inclement weather

 

Means wet weather/abnormal climatic conditions such as hail, cold, high winds, severe dust storms, extreme high temperatures or any combination.

 

Industry allowance

 

Staff working in the open on civil/ mechanical engineering projects and subject to climatic conditions, ie. dust blowing in the wind, drippings from newly poured concrete, sloppy and muddy conditions, lack of usual amenities associated with factory work (eg. meal room, change rooms, lockers etc.).

 

Call Out/Call Back

 

Means a request to return to work to attend to an emergency or breakdown.

 

RMS Policy

 

Means policy set out in RMS’s Human Resources Manual.

 

Crib

 

Means a paid meal break, which is treated as time worked.

 

Substantive/ordinary rate of pay

 

Means the rate you are paid on an hourly basis, paid according to your contract hours of work and the weekly wage for your classification.

 

Non-superable allowance

 

Means a payment is not taken into consideration when calculating superannuation contribution.

 

Appendix C

 

MARKET TESTING AND CONTRACTING OUT

 

Principles, Definitions and Consultative Process

 

1.        Principles

 

1.1      Selection of an area of work to market test

 

The following principles underlie the selection of an area of work for market testing:

 

(a)      The area of work should be capable of being defined precisely. It should allow clear boundaries to be specified and relationships with other areas of work to be defined.

 

(b)      The area of work should be capable of being expressed in terms of outcomes rather than RMS having to define how the work is to be done.

 

(c)      The performance of an in-house team or contractor completing the work should be capable of being accurately measured so that cost and quality are able to be clearly determined.

 

(d)      There should be clear competition among bidders for the area of work.

 

(e)      If the work is contracted out, there should be clear opportunity to penalise or replace contractors for poor or non-performance without causing significant interruption to RMS business.

 

(f)       There should be a reasonable expectation that cost-effectiveness improvements are possible.

 

(g)      The Market Testing process need be applied only when the scope and nature of the project is such that there would be "value for money" in doing this. That is, the financial and other costs of running the process should be justifiable in terms of the expected financial and non-financial benefits.

 

1.2      Conduct of market testing projects

 

The following principles underlie the conduct of a market testing project:

 

(a)      Consultation with staff and their representatives must be an integral part of the process (see definition of consultation below).

 

(b)      Market testing of an area of work will not necessarily lead to contracting out of that work. The decision to contract out an area of work or retain it in-house must be based on a robust analysis of costs, benefits and risks, both financial and non-financial. Issues to be considered include but are not limited to:

 

track record of performing work of that type and quality of past work, including consideration of any examples of non-performance in the past

 

reports from reference sites

 

past performance in management of sub-contractors

 

fitness and quality of the process proposed by the bidder

 

financial stability of the firm

 

ability to meet statutory requirements, including occupational health and safety requirements, and

 

calibre of the key people involved in delivery of the work.

 

(c)      Fair and effective competition must be maintained among all bidders, including in-house bid teams. Probity processes must be in place to ensure no advantage is gained by one bidder over and others but care must be taken to ensure that probity processes are not so onerous that they disadvantage any bidders or place heavy costs on the process.

 

(d)      The market testing process used should facilitate innovation by bidders (including in-house bidders) and support the pursuit of "best practice". This implies that internal bid teams should be adequately resources and have access to the relevant expertise in formulating their bids. (NB. The terms "innovation" and "best practice" refer to the achievement of technical and process improvement and not merely cost cutting.)

 

(e)      Equity objectives should be pursued in addition to efficiency and effectiveness objectives. This means that equity in dealing with RMS’s clients and staff must be maintained or enhanced. Equity in workplace relationships extends to safety and EEO aspects, as well as consultation with staff and their representatives. Workplace equity also implies management should demonstrate appropriate leadership and support all staff, especially those involved in internal bid processes.

 

1.3      Management of an area of work after market testing

 

The following principles underlie the management of a work area after market testing, irrespective of whether the work is contracted out or retained in-house:

 

(a)      The work area should be managed on an "outcome" basis, allowing room for innovation and continuous improvement in the way work is performed.

 

(b)      A contract and/or service level agreement(s) must be negotiated which allows cost and quality indicators to be monitored and compared over time.

 

(c)      Clear accountabilities must be established and understood by all parties - the team undeRMSking the work and the people responsible for managing the performance or the work area on behalf of RMS.

 

(d)      Clear lines of communication must be defined, including processes for remedying performance discrepancies and resolution of disputes.

 

2.        Definitions

 

Consultation

 

The process of sharing information and requiring input on key decisions before they are taken and utilising that input in formulation of the decision outcome. In a rational decision model, it may include input to and/or feedback on:

 

the identification of decision alternatives

 

the identification of decision criteria; and

 

the outcome of evaluation of alternatives against the criteria.

 

In an incremental decision model it may include preparation and dissemination of a discussion document on a proposed change, gaining feedback on the proposal and modifying the proposal where appropriate.

 

Consultation does no imply a right to veto decisions nor does it imply a right to access confidential material of a commercial or personal nature. Where a need arises to provide access to confidential information, a confidentiality control process will be implemented.

 

Market Testing

 

A rational approach to deciding the best value-for-money method(taking into account cost, benefit and risk) of delivery of an area of work. It does not refer to "contracting." Contracting is one possible outcome of a market testing process.

 

Major Works

 

Works valued at $500,000 or greater unless approved as a "Minor Works" by a Regional Manager. Only major works are suitable for market testing and usually only where it is an area of work that is already performed within RMS. RMS may proceed directly to a contract for minor works in circumstances where in-house resources are unavailable and/or RMS no longer performs work of that type.

 

3.        Consultative process

 

Step 1

 

(a)      Local management required to identify projects to be considered for Market Testing and Contracting Out.

 

(b)      Agreement to proposals sought from Director.

 

(c)      Opinions of other directors on proposed project sought by relevant Director. Director Corporate Services initiates preliminary consultation with relevant unions and notification to SBU and Unions NSW.

 

(d)      Relevant unions advised by Director Corporate Services and input sought. (Two weeks to respond from date of advice).

 

(e)      Responses considered by relevant Director and proposals modified where appropriate.

 

Step 2

 

(a)      RMS Executive advised of nominated projects by relevant Director.

 

(b)      Nominations considered by Board and which project should proceed to market testing determined.

 

(c)      Relevant unions, SBU and Unions NSW advised of project approvals by Director Corporate Services.

 

Step 3

 

(a)      Project initiated by local management.

 

(b)      Nominations called for and, in consultation with relevant unions, in-house bid team appointed by relevant Director.

 

(c)      In-house bid team advised of targeted savings / areas for improvement.

 

(d)      Evaluation committee appointed by relevant Director.

 

(e)      In-house bid team given time and resources (including appointment of relevant advisers) to identify and implement processes to achieve target savings and improvements.

 

(f)       Evaluation committee reviews improvements made by internal bid team and recommendation as to whether to proceed to full market testing made to Director.

 

(g)      If recommendation to proceed to market testing approved, market testing team set up by local management.

 

(h)      Relevant probity processes established by local management.

 

(i)       If determined necessary (ie. to gauge size of market, identify options, etc.) Expression of Interest called.

 

(j)       Expressions of interest evaluated and short list prepared.

 

(k)      Request for Proposal/tender documents prepared by market testing team and reviewed. Review team to include evaluation committee and representation from relevant unions.

 

(l)       RFP/tender documents modified where appropriate by market testing team.

 

(m)     Evaluation model prepared by market testing team and reviewed. Review team to include evaluation committee and representation from relevant unions.

 

(n)      Evaluation model modified where appropriate by market testing team.

 

(o)      RFP/tender documents issued.

 

Step 4

 

(a)      Evaluation conducted by evaluation committee using internal bid team improvements as a "benchmark".

 

(b)      Draft evaluation report disseminated to relevant unions by relevant Director, submission of comments requested with a minimum of two weeks to respond from date of dissemination of report.

 

Step 5

 

(a)      Union submissions received and report finalised by evaluation committee and submitted to relevant Director.

 

(b)      Approval of evaluation report recommendations sought from RMS Executive by relevant Director.

 

Step 6

 

(a)      Relevant unions and bidders advised by Relevant Director of decision of RMS Executive.

 

(b)      Staff advised and in-house bid team debriefed by local management.

 

 

 

 

C. G. STAFF  J.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.