Crown
Employees (Transport Drivers, &c.) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 83 of 2012)
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Before The Honourable Mr
Justice Staff
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11 April 2012
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REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Rates of
Pay
3. Deduction
of Union Membership Fees
4. Shift
Allowances
5. Family and
Community Services/Carer’s Leave
6. Anti-Discrimination
7. Grievance
and Dispute Settling Procedures
8. General
9. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
PART A
1. Title
This award shall be known as the Crown Employees
(Transport Drivers &c.) Award.
2. Rates of Pay
The rates of pay are set out in Table 1 of Part B,
Monetary Rates. The rates are provided
by the Crown Employees Wages Staff (Rates of Pay) Award 2011.
3. Deduction of Union
Membership Fees
(i) The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
(ii) The union
shall advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any
variation to the schedule of union fortnightly membership fees payable shall be
provided to the employer at least one month in advance of the variation taking
effect.
(iii) Subject to (i)
and (ii) above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union's rules, provided that the employee has authorised the employer to
make such deductions.
(iv) Monies so
deducted from employee's pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
(v) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(vi) Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deductions to continue.
4. Shift Allowances
For the ordinary hours of shift, shift workers shall be
paid the following loadings in addition to the rates prescribed for their
respective classifications:
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Loadings per shift
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%
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(a)
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ordinary afternoon or night shifts (other than shifts
referred to hereunder).
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15
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(b)
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permanently working afternoon or night shifts or a
combinations of such shifts.
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30
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(c)
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an ordinary shift, the major portion of which falls on a
Saturday or Sunday
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shall in substitution for the loading specified in
paragraphs (a) or (b) of this
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clause, be paid for at the rate of 50 per cent or 75 per
cent respectively in
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addition to the ordinary rate for such shift.
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(d)
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where, at his own request and to suit his own personal
requirements, any
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employee works permanently on a combination of such
shifts, then, provided
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the employer notifies the union of the agreement in
writing, and the union
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agrees, he shall be paid 15 per cent extra per shift in
lieu of the shift loading of
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30 per cent specified in paragraph (b) of this clause.
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(e)
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for an ordinary shift worked on a public holiday, an
employee shall receive an
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additional one and half day’s ordinary pay in addition to
the normal shift
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payment calculated in accordance with paragraph (a) or (b)
of this clause.
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5. Family and
Community Services/Carer’s Leave
5.1 Family &
Community Services Leave
5.1.1 The Chief
Executive Officer may grant Family and Community Service leave to an employee
covered by this award.
(a) for reasons related
to the family responsibilities of the employee;
(b) for reasons
related to the performance of community service by the employee; or
(c) in a case of
pressing necessity.
Family and Community Services Leave replaces Short
leave
5.1.2 The maximum amount
of Family and Community Services leave on full pay that may be granted to an
employee is:
(i) 2.5 working
days during the first year of service and 5 working days in any period of 2
years after the first year of service, or
(ii) 1 working day
for each year of service after 2 years continuous service, minus any period of
family and community service leave already taken by the employee, whichever is
the greater period.
5.1.3 Family and
Community Service Leave is available to part-time employees on a pro rata
basis, based on the number of hours worked.
5.1.4 Where Family and
Community Service leave has been exhausted, additional paid Family and
Community Service leave of up to 2 days may be granted on a discrete `per
occasion’ basis on the death of a person defined in subparagraph (ii) of
paragraph 5.2.4.
5.2 Use of Sick
Leave to care for a sick dependant - general
When Family and Community Service leave, as outlined in
paragraph 5.1.2 is exhausted, the sick leave provisions under paragraph 5.2.2
may be used by an officer to care for a sick dependant.
5.2.1 Use of Sick Leave
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5.2.2 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph 5.2.4 of this subclause, who
needs the employee’s care and support, shall be entitled to use, in accordance
with this subclause, any sick leave entitlement accruing from 1 January 1998 in
terms of the Uniform Leave Conditions, for absences to provide care and support
for such persons when they are ill.
Such leave may be taken for part of a single day.
5.2.3 An employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned .
5.2.4 The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of the
employee; or
(b) a de facto spouse
who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person, or
(c) a child or an
adult child (including an adopted child, a step-child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household where, for the purposes of
this paragraph:
(1) "relative"
means a person related by blood, marriage or affinity or Aboriginal kinship
structures;
(2) "affinity"
means a relationship that one spouse, because of marriage, has to the relatives
of the other; and
(3) "household’
means a family group living in the same domestic dwelling.
5.2.5 An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reason for taking such leave and the
estimated length of absence. If it is
not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the day of absence.
5.2.6 Unpaid Leave for
Family Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a member of a class of person set out in subparagraph (ii) of subclause 5.2.4
of this clause who is ill.
5.2.7 Annual Leave
An employee may elect, with the consent of the
employer, subject to the provisions of the Uniform Leave Conditions for
Ministerial Employees in respect of Recreation Leave, to take annual leave in
single day periods or part thereof.
Leave taken in single day periods should not exceed 5 consecutive days
in any calendar year and can be taken at a time or times agreed by the parties.
5.2.7.1 Access to annual
leave, as prescribed in paragraph 5.2.7.1 of this subclause, shall be exclusive
of any shutdown period provided for elsewhere under this award.
5.2.7.2 Where applicable,
an employee and employer may agree to defer payment of annual leave loading in
respect of single day absences, until at least five consecutive annual leave
days are taken.
5.3 Time Off in Lieu
of Payment for Overtime
5.3.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
5.3.2 Overtime taken as
time off during ordinary time hours shall be taken at the ordinary time rate,
that is an hour for each hour worked.
5.3.3 If, having
elected to take time as leave in accordance with paragraph 1 of this subclause,
the leave is not taken for whatever reason, payment for time accrued at
overtime rates shall be made at the expiry of the 12 month period or on
termination.
5.3.4 Where no election
is made in accordance with the said paragraph , the employee shall be paid overtime
in accordance with the award.
5.4 Make-up Time
An employee may elect, with the consent of the
employer, to work "make uptime", under which the employee takes time
off in ordinary hours, and works those hours at a later time during the spread
of ordinary hours provided in the award, at the ordinary rate of pay.
6.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identity, age
and responsibilities as a carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
7. Grievance and
Dispute Settling Procedures
(i) All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
department, if required.
(ii) A staff member
is required to notify in writing their immediate manager, as to the substance
of the grievance, dispute or difficulty, request a meeting to discuss the
matter, and if possible, state the remedy sought.
(iii) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the staff member to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Department Head or delegate.
(iv) The immediate
manager, or other appropriate officer, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
(v) If the matter
remains unresolved with the immediate manager, the staff member may request to
meet the appropriate person at the next level of management in order to resolve
the matter. This manager shall respond within two (2) working days, or as soon
as practicable. The staff member may pursue the sequence of reference to
successive levels of management until the matter is referred to the Division
Head.
(vi) The Division
Head may refer the matter to the Director-General, Department of Premier and
Cabinet for consideration.
(vii) If the matter
remains unresolved, the Division Head shall provide a written response to the
staff member and any other party involved in the grievance, dispute or
difficulty, concerning action to be taken, or the reason for not taking action,
in relation to the matter.
(viii) A staff member,
at any stage, may request to be represented by the union.
(ix) The staff
member or the union on their behalf, or the Division Head may refer the matter
to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
(x) The staff
member, union, division and Director-General, Department of Premier and Cabinet
shall agree to be bound by any order or determination by the New South Wales
Industrial Relations Commission in relation to the dispute.
(xi) Whilst the
procedures outlined in subclauses (i) to (x) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any staff member or
member of the public
8. General
(i) Except as
otherwise provided for in this award, the provisions of the Transport Industry
(State) Award shall apply.
(ii) For employees
covered by the Uniform Leave Conditions for Ministerial Employees, such
conditions shall apply in respect of the following matters:
Accident Pay
Recreation Leave
Long Service Leave
Sick Leave
Bereavement Leave
For staff employed under the provisions of the Public
Sector Employment and Management Act 2002, the provisions of the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2008 and
Regulations to the Public Sector Employment and Management Act 2002
shall apply in respect of the above entitlements.
9. Area, Incidence
and Duration
This award shall apply to all employees in the
classifications specified in Table 1 - Rates of Pay, of Part B, Monetary Rates,
of this Award and clause 1 of the Transport Industry (State) Award, employed in
organisations to which the Public Sector Employment and Management Act
2002 applies.
This award is changed following a review under section
19 of the Industrial Relations Act 1996 and rescinds and incorporates
all variations made to the award published 28 September 2007 (363 I.G. 772).
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act 1996
and Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on 11 April 2012.
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Rates of Pay
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Clause 2
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Classification
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Weekly Rate FFPP
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Wages
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1.7.10
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1.7.11
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$
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$
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1. Drivers of
motor wagons - having a manufacturer's gross vehicle mass in kilograms
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(a)
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Up to 295 -
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771.80
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791.10
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(b)
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Over 2950 and up to 4650
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778.30
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797.80
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(c)
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Over 4650 and up to 6250
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784.70
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804.30
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(d)
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Over 6250 and up to 7700
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784.70
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804.30
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(e)
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Over 7700 and up to 9200
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793.00
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812.80
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(f)
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Over 9200 and up to 10800
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793.00
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812.80
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(g)
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Over 10800 and up to 12350
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799.80
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819.80
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(h)
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Over 12350 and up to 13950
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799.80
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819.80
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(i)
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Over 13950 and up to 15500
|
806.10
|
826.30
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(j)
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Over 15500 and up to 16950
|
813.90
|
834.20
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(k)
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Over 16950 and up to 18400
|
813.90
|
834.20
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(l)
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Over 18400 and up to 19750
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813.90
|
834.20
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(m)
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Over 19750 and up to 21100
|
813.90
|
834.20
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(n)
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Over 21100 and up to 22450
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820.20
|
840.70
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(o)
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Over 22450 and up to 23850
|
820.20
|
840.70
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(p)
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Over 23850 and up to 25200
|
820.20
|
840.70
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(q)
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Over 25200 and up to 26550
|
828.30
|
849.00
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(r)
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Over 26550 and up to 27900
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828.30
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849.00
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(s)
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Over 27900 and up to 29300
|
828.30
|
849.00
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(t)
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Over 29300 and up to 30650
|
828.30
|
849.00
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(u)
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Over 30650 and up to 32000
|
737.20
|
755.60
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(v)
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Over 32000 and up to 33350
|
737.20
|
755.60
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(w)
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Over 33350 and up to 34750
|
843.10
|
864.20
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(x)
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Over 34750 and up to 36100
|
843.10
|
864.20
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(y)
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Over 36100 and up to 37450
|
843.10
|
864.20
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(z)
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Over 37450 and up to 38800
|
843.10
|
864.20
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(aa)
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Over 38800 and up to 40200
|
851.40
|
872.70
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(ab)
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Over 40200 and up to 41550
|
851.40
|
872.70
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(ac)
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Over 41550 and up to 42900
|
851.40
|
872.70
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|
(ad)
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Over 42900 and up to 44250
|
858.40
|
879.90
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(ae)
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Over 44250 and up to 45650
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858.40
|
879.90
|
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|
2. Drivers of
mobile cranes
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- employed in connection with the carriage and delivery of
goods, merchandise and the like and/or in the
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performance of work incidental to the loading, unloading,
handling and/or placement of goods
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- where the mobile crane has a lifting capacity in
kilograms
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(a)
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Up to and not exceeding 3050
|
784.70
|
804.30
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(b)
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Over 3050 and not exceeding 5100
|
793.00
|
812.80
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(c)
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Over 5100 and not exceeding 6100
|
799.80
|
819.80
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|
(d)
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Over 6100 and not exceeding 7100
|
799.80
|
819.80
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|
(e)
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Over 7100 and not exceeding 8100
|
799.80
|
819.80
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|
|
(f)
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Over 8100 and not exceeding 9150
|
799.80
|
819.80
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(g)
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Over 9150 and not exceeding 10150
|
806.10
|
826.30
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(h)
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Over 10150 and not exceeding 11200
|
806.10
|
826.30
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(i)
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Over 11200 and not exceeding 12200
|
806.10
|
826.30
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|
(j)
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Over 12200 and not exceeding 13200
|
813.90
|
834.20
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|
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(k)
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Over 13200 and not exceeding 14200
|
813.90
|
834.20
|
|
|
(l)
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Over 14200 and not exceeding 15250
|
813.90
|
834.20
|
|
|
(m)
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Over 15250 and not exceeding 16250
|
813.90
|
834.20
|
|
|
(n)
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Over 16250 and not exceeding 17250
|
820.20
|
840.70
|
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|
(o)
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Over 17250 and not exceeding 18300
|
820.20
|
840.70
|
|
|
(p)
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Over 18300 and not exceeding 19300
|
820.20
|
840.70
|
|
|
(q)
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Over 19300 and not exceeding 20300
|
820.20
|
840.70
|
|
|
(r)
|
Over 20300 and not exceeding 21350
|
828.30
|
849.00
|
|
|
(s)
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Over 21350 and not exceeding 22350
|
828.30
|
849.00
|
|
|
(t)
|
Over 22350 and not exceeding 23350
|
828.30
|
849.00
|
|
|
(u)
|
Over 23350 and not exceeding 24400
|
828.30
|
849.00
|
|
|
(v)
|
Over 24400 and not exceeding 25500
|
828.30
|
849.00
|
|
|
(w)
|
Over 25500 and not exceeding 26400
|
828.30
|
849.00
|
|
|
(x)
|
Over 26400 and not exceeding 27450
|
828.30
|
849.00
|
|
|
(y)
|
Over 27450 and not exceeding 28450
|
834.80
|
855.70
|
|
|
(z)
|
Over 28450 and not exceeding 29450
|
834.80
|
855.70
|
|
|
(aa)
|
Over 29450 and not exceeding 30500
|
834.80
|
855.70
|
|
|
And for each additional
1000 kg or part thereof over - 33 cents
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3. Drivers of fork
lifts - of a capacity
|
|
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(a)
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Up to 4500 kg
|
784.70
|
804.30
|
|
|
(b)
|
Over 4500 to 9100
|
799.80
|
819.80
|
|
|
(c)
|
Over 9100 kg
|
806.10
|
826.30
|
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|
4. Drivers of prime movers where the crane
has a lifting capacity of
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where the crane has a lifting capacity of
|
|
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(a)
|
Up to 20350 kg
|
793.00
|
812.80
|
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|
(b)
|
Over 20350 kg
|
813.90
|
834.20
|
|
|
5. Extra Hands
|
771.80
|
791.10
|
|
|
|
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C.
G. STAFF J.
____________________
Printed by
the authority of the Industrial Registrar.