Crown Employees (Greyhound and Harness Racing Regulatory Authority - Harness Racing Staff) Conditions of Employment Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 567 of 2007)

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Definitions

2.         Salaries and Attendance at Race Meetings

3.         Hours of Duty

4.         Overtime

5.         Meal Allowances

6.         Higher Grade Work

7.         Terms of Employment

8.         Public Holidays and Bank Holiday

9.         Recreation Leave

10.       Sick Leave

11.       Sick Leave - Workers Compensation

12.       Sick Leave - Other than Workers Compensation

13.       Sick Leave - Requirements for Medical Certificate

14.       Sick Leave to Care for a Family Member

15.       Maternity Leave

16.       Parental Leave

17.       Adoption Leave

18.       Family and Community Service Leave

19.       Observance of Essential Religious or Cultural Obligations

20.       Extended Leave

21.       Leave Without Pay

22.       Military Leave

23.       Special Leave

24.       Part-time Work

25.       Casual Employment

26.       Trade Union Activities

27.       Travelling Allowances

28.       Use of Private Motor Vehicles

29.       Study Leave (Assistance)

30.       Staff Development and Training Activities

31.       Protective Clothing and Equipment

32.       Reports

33.       Filling of Vacancies

34.       Anti-Discrimination

35.       Grievance and Dispute Settlement Procedures

36.       Existing Conditions

37.       Deduction of Union Membership Fees

38.       Secure Employment

39.       Area, Incidence and Duration

 

PART B

 

Table of Allowances

 

Appendix A

Appendix B

 

1.  Definitions

 

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

 

"Award" means the Crown Employees (Greyhound and Harness Racing Regulatory Authority - Harness Racing Staff) Conditions of Employment Award 2007.

 

"Salaries Award" means the Crown Employees (Public Sector - Salaries 2007) Award published 30 March 2007 (362 I.G. 404).

 

"GHRRA" means Greyhound and Harness Racing Regulatory Authority Division.

 

"Service" means service for all purposes of this award which is continuous in a position covered by this award and includes service with the New South Wales Trotting Club Ltd. Future appointees shall be deemed to have the years of service indicated by the salaries at which they are appointed.

 

"Staff member" means and includes all staff members, except the Chief Executive Officer, employed by the Greyhound and Harness Racing Regulatory Authority Division to carry out functions associated with Harness racing.

 

"Table" means the Table of Allowances attached as Part B to this Award.

 

2.  Salaries and Attendance at Race Meetings

 

Salaries and Attendance at Race Meetings Allowances for staff members employed under the Crown Employees (Greyhound and Harness Racing Regulatory Authority – Harness Racing Staff) Conditions of Employment Award 2007 are provided for in Part B of the Salaries Award.

 

3.  Hours of Duty

 

The ordinary hours of work shall be thirty-five per week, and shall be worked in five days Monday to Friday inclusive between 7.00 am and 6.00 pm in accordance with rosters approved by the GHRRA.  Where a roster provides for the working of overtime, such overtime is to be paid for unless 7 days’ notice is given of an alteration to the roster.

 

This clause shall not apply to the Chair of Stewards, Deputy Chair of Stewards, Steward/Starter and the Cadet Steward.

 

4.  Overtime

 

(a)        The provisions of this clause shall not apply to:

 

(1)        the Chair of Stewards, Deputy Chair of Stewards, Steward, Steward/Starter and Cadet Steward;

 

(2)        staff members covered by formal local arrangements in respect of overtime negotiated between the GHRRA and the Association;

 

(3)        staff members whose salary includes compensation for overtime;

 

(4)        staff members who receive an allowance in lieu of overtime; and

 

(5)        Duty Officers, State Emergency Services during flood alerts on weekends and Public Holidays except as provided in subclause (j) of this clause.

 

(b)        Rates - Overtime shall be paid at the following rates:

 

(1)        all overtime worked outside the span of hours prescribed in clause 3, Hours of Duty, of this Award and in excess of 7 hours per day, shall be paid for at the rate of time and one-half for the first two hours and at the rate of double time thereafter.

 

(2)        all overtime worked on a Saturday shall be paid for at the rate of time and one-half for the first two hours and at the rate of double time thereafter.

 

(3)        all overtime worked on a Sunday shall be paid for at the rate of double time.

 

(4)        all overtime worked on a Public Holiday shall be paid at the rate of double time and one half.

 

(c)        If a staff member is absent from duty on any working day during any week in which overtime has been worked the time so lost may be deducted from the total amount of overtime worked during the week, unless the staff member has been granted leave of absence or the absence has been caused by circumstances beyond the staff member’s control.

 

(d)        A staff member who works overtime on a Saturday, Sunday or Public Holiday shall be paid a minimum payment for three hours work at the appropriate rate.

 

(e)        Rest Periods

 

(1)        A staff member who works overtime shall be entitled to be absent until eight consecutive hours have elapsed.

 

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

 

(f)         Recall to Duty

 

(1)        A staff member recalled to work overtime after leaving the GHRRA’s premises shall be paid for a minimum of three hours work at the appropriate overtime rates.

 

(2)        The staff member shall not be required to work the full three hours if the job can be completed within a shorter period.

 

(3)        When a staff member returns to the place of work on a number of occasions in the same day and the first or subsequent minimum pay period overlap into the next call out period, payment shall be calculated from the commencement of the first recall until either the end of duty or three hours from the commencement of the last recall, whichever is the greater. Such time shall be calculated as one continuous period.

 

(4)        When a staff member returns to the place of work on a second or subsequent occasion and a period of three hours has elapsed since the staff member was last recalled, overtime shall only be paid for the actual time worked in the first and subsequent periods, with the minimum payment provision only being applied to the last recall on the day.

 

(5)        A recall to duty commences when the staff member starts work and terminates when the work is completed. A recall to duty does not include time spent travelling to and from the place at which work is to be undertaken.

 

(6)        A staff member recalled to duty within three hours of the commencement of usual hours of duty shall be paid at the appropriate overtime rate from the time of recall to the time of commencement of such normal work.

 

(7)        This subclause shall not apply in cases where it is customary for a staff member to return to the GHRRA’s premises to perform a specific job outside the staff member’s ordinary hours of duty, or where overtime is continuous with the completion or commencement of ordinary hours of duty. Overtime worked in these circumstances shall not attract the minimum payment of three hours unless the actual time worked is three or more hours.

 

(g)        Meal Breaks

 

(1)        A staff member required to work overtime on weekdays for an hour and a half or more after the staff member’s ordinary hours of duty on weekdays, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every five hours of overtime worked.

 

(2)        A staff member required to work overtime on a Saturday, Sunday or Public Holiday, shall be allowed 30 minutes for a meal after every five hours of overtime worked. A staff member who is unable to take a meal break and who works for more than five hours shall be given a meal break at the earliest opportunity.

 

(h)        Maximum Rate

 

A staff member whose salary, or salary and allowance in the nature of salary, exceeds the maximum rate for Clerk Grade 8, as varied from time to time, shall be paid for working directed overtime at the maximum rate for Clerk, Grade 8 plus $1.00, unless the GHRRA approves payment for directed overtime at the staff member’s salary or, where applicable, salary and allowance in the nature of salary.

 

(i)         Compensation

 

The GHRRA shall grant compensation for directed overtime worked either by payment at the appropriate rate or, if the staff member so elects, by the grant of leave in lieu in accordance with subclause (k) of this clause.

 

(j)         State Emergency Service

 

The time spent at home as Duty Officer, State Emergency Services during flood alerts on weekends and Public Holidays, shall be compensated by:

 

(1)        payment at the rate of one third of one day’s pay for each tour of duty; or,

 

(2)        if so desired by the staff member concerned, the granting of time off in lieu of payment calculated in accordance with subclause (k) of this clause.

 

(k)        Leave In Lieu of Payment

 

(1)        A staff member who, at the direction of the GHRRA, works overtime may elect to take leave in lieu of payment for all or part of the entitlement in respect of time worked.

 

(2)        The following provisions shall apply to the leave in lieu:

 

(i)         the staff member shall advise the GHRRA before the overtime is worked or as soon as practicable on completion of overtime, that the staff member intends to take leave in lieu of payment;

 

(ii)        the leave shall be calculated at the same rate as would have applied to the payment of overtime in terms of this clause;

 

(iii)       the leave must be taken at the convenience of the GHRRA except when leave in lieu is being taken to care for a sick family member.  In such cases, the condition set out in Clause 14, Sick Leave to Care for a Family Member, will apply;

 

(iv)      the leave shall be taken in multiples of a quarter day, unless debiting of leave in hours or in fractions of an hour has been approved by the GHRRA;

 

(v)       leave in lieu accrued in respect of overtime worked on days other than Public Holidays, shall be given by the GHRRA and taken by the staff member within three months of accrual unless alternate local arrangements have been negotiated between the GHRRA and the Association;

 

(vi)      at the staff member’s election, leave in lieu accrued in respect of overtime worked on a Public Holiday may be added to the staff member’s annual leave credits and may be taken in conjunction with annual leave; and

 

(vii)     a staff member shall be paid for the balance of any overtime entitlement not taken as leave in lieu.

 

(l)         Calculation of Overtime

 

(1)        Unless a minimum payment in terms of subclause (d) of this clause applies, overtime shall not be paid if the total period of overtime worked is less than a quarter of an hour.

 

(2)        The formula for the calculation of overtime at ordinary rates for staff members employed on a five day basis shall be:

 

Annual Salary	x	5	x	1
1		260.89		No. of ordinary hours of work per week

 

(3)        The formula for the calculation of overtime at ordinary rates for staff members employed on a seven day basis shall be:

 

Annual Salary	x	7	x	1
1		365.25		No. of ordinary hours of work per week

 

(4)        To determine time and one half, double time or double time and one half, the hourly rate at ordinary time shall be multiplied by 3/2, 2/1 or 5/2 respectively, calculated to the nearest cent.

 

(5)        Overtime is not payable for time spent travelling.

 

(m)       Adjustment of Meal Allowances

 

(1)        Where an allowance under subclause (a) of clause 5 Meal Allowances is insufficient to reimburse the staff member the cost of a meal, properly and reasonably incurred, the GHRRA shall approve payment of actual expenses.

 

(2)        Where the meal was not purchased, payment of a meal allowance shall not be made.

 

(3)        Receipts shall be provided to the GHRRA in support of any claims for additional expenses or when the staff member is required to substantiate the claim.

 

(n)        Provision of Transport

 

(1)        For the purpose of this subclause, departure or arrival after 8.00 pm will determine whether the provisions of this subclause apply.

 

Departure or arrival after 8.00 pm of the staff member on overtime does not in itself warrant the provision of transport.  It needs to be demonstrated that the normal means of transport, public or otherwise, is not reasonably available and/or that travel by such means of transport places the safety of the staff member at risk.

 

The responsibility of deciding whether the provision of assistance with transport is warranted in the circumstances set out above rests with the GHRRA where knowledge of each particular situation will enable appropriate judgements to be made.

 

(2)        Arrangement of Overtime

 

Where overtime is required to be performed, it should be arranged, as far as is reasonably possible, so that the staff member can use public transport or other normal means of transport to and from work.

 

(3)        Provision of Taxis

 

Where a staff member:

 

ceases overtime duty after 8.00 pm, or

 

ceases or commences duty performed as part of a regular or rotating roster of shift duty after 8.00 pm,

 

and public transport or other normal means of transport is not reasonably available, arrangements may be made for transport home to be provided by way of taxi.

 

5.  Meal Allowances

 

(a)        Meal Allowances - Overtime

 

(1)        If an adequate meal was not provided by the GHRRA, a meal allowance shall be paid by the GHRRA for meal breaks taken pursuant to subclause (g) of clause 4 Overtime, provided the GHRRA is satisfied that:

 

(i)         the work concerned was performed at the time at which its performance was considered necessary;

 

(ii)        the staff member incurred expenditure in obtaining the meal in respect of which the allowance is sought;

 

(iii)       where the staff member was able to cease duty for at least 30 minutes before or during the working of overtime to take the meal, the staff member did so; and

 

(iv)      overtime is not being paid in respect of the time taken for a meal break.

 

(2)        The amount of the allowance for the meal shall be at the rate specified in Item 1(a) of the Table as appropriate.

 

(3)        Notwithstanding the above provisions, nothing in this clause shall prevent the GHRRA and the Association from negotiating different meal provisions under a local arrangement.

 

(b)        Meal Allowances - Travel

 

A staff member who is required to travel to perform duty at a location other than their normal headquarters and who is not required to reside temporarily at a place other than the staff member’s residence shall be paid the following allowances as set out in Item 1(b) of the Table for:

 

(1)        breakfast when required to commence travel at or before 6.00 am and at least one hour before the prescribed starting time;

 

(2)        an evening meal when required to travel until or beyond 6.30 pm; and

 

(3)        lunch when unable to take lunch at the place at which or the manner in which, the staff member ordinarily takes lunch and, as a result, incurs additional expense for lunch.  In such instances, the staff member shall be paid the amount equivalent to the additional expense or the allowance specified for lunch in Item 1(b) of the Table, whichever is the lesser.

 

6.  Higher Grade Work

 

A staff member who is required to act in a higher position and who carries out the full duties and assumes the full responsibilities of the position for a period of not less than one working week shall be paid not less than the minimum rate prescribed for such higher position for all time whilst so engaged.

 

7.  Terms of Employment

 

(a)        Staff Members shall be paid fortnightly.

 

(b)        Notwithstanding anything contained in this Award, employment may be terminated by two weeks’ notice given at any time by the GHRRA in writing or such longer period as the GHRRA may have contracted with any individual staff member.  A staff member desiring to terminate their employment with the GHRRA shall give two weeks’ notice in writing to the GHRRA or such longer period as the GHRRA may have contracted with any individual staff member.

 

(c)        Redundancy - Staff whose positions are made redundant and are also declared to be excess of the employment needs of the GHRRA shall be managed in accordance with the Government’s policy on Managing Displaced Employees, as varied from time to time.

 

(d)        Provided that nothing contained in this clause shall prevent a staff member’s employment being terminated without notice on the grounds of the staff member’s serious or wilful misconduct.

 

8.  Public Holidays and Bank Holiday

 

(a)        Public holidays shall be allowed to staff members on full pay.

 

(b)        Public holidays - the following shall be holidays for the purpose of this Award:  New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day, and any day proclaimed in the New South Wales Government Gazette as a public holiday for the State.

 

(c)        Bank Holiday - the day traditionally observed as a holiday on the August Bank Holiday will now be worked as an ordinary working day.  The day will be observed on an ordinary working day which falls between Christmas Day and New Year’s Day each year or alternatively on any other ordinary working day, as agreed between a staff member and the GHRRA.

 

(d)        The Chair of Stewards, Deputy Chair of Stewards, Steward/Starter and Cadet Steward, when required to attend a race meeting on a public holiday, shall be paid for all time worked, in addition to their ordinary pay, the Attendance at Race Meetings allowance specified under the Award in Part B to the Salaries Award.

 

(e)        Subject to subclause (d) of this clause, staff members shall be paid for all time worked on public holidays at the rate of double time and a half.

 

9.  Recreation Leave

 

(a)        Accrual

 

(1)        Paid recreation leave for full time staff members accrues at the rate of 20 working days per year.  Staff members working part time shall accrue paid recreation leave on a pro rata basis, which will be determined on the average weekly hours worked per leave year.

 

(2)        Recreation leave accrues from day to day.

 

(b)        Limits on Accumulation

 

(1)        At least two weeks of recreation leave (or a combination of recreation leave and public holidays, extended leave or, if the staff member elects, leave without pay) shall be taken by a staff member every 12 months for recreation purposes, except by agreement with the GHRRA in special circumstances.

 

(2)        After taking into account the wishes of the staff member, the GHRRA may direct such staff member to take accrued recreation leave at a time convenient to the GHRRA.

 

(3)        Where the operational requirements permit, the application for leave shall be dealt with by the GHRRA according to the wishes of the staff member.

 

(4)        Recreation leave accrued in excess of 8 weeks and not taken by a staff member shall be forfeited except where higher accumulation is prescribed in another industrial instrument or the procedures for conservation of leave as set out in subclause (c) of this clause have not been followed.

 

(c)        Conservation of Leave - If the GHRRA is satisfied that a staff member is prevented by operational or personal reasons from taking sufficient recreation leave to reduce the accrued leave below 8 weeks, the GHRRA shall:

 

(1)        specify in writing the period of time during which the excess shall be conserved; and

 

(2)        on the expiration of the period during which conservation of leave applies, grant sufficient leave to the staff member at a mutually convenient time to enable the accrued leave to be reduced to an acceptable level below the 8 weeks’ limit.

 

(3)        If a staff member does not take the period of leave conserved in accordance with subclause (c) of this clause, all leave accrued to that staff member in excess of 8 weeks shall be forfeited immediately.

 

(4)        The GHRRA will inform a staff member in writing on a regular basis of the staff member’s recreation leave accrual.  The GHRRA will advise such staff member in writing as soon as possible after the staff member accrues 6 weeks recreation leave, of the amount of leave accrued, and the requirement for the staff member to make agreed arrangements to take sufficient leave to reduce the recreation leave to an acceptable level.

 

(5)        If the staff member fails to take recreation leave in accordance with the agreed arrangements as provided in this paragraph, all recreation leave accrued by the staff member in excess of 8 weeks shall be forfeited.

 

(d)        Miscellaneous

 

(1)        Unless a local arrangement has been negotiated between the GHRRA and the Association, recreation leave is not to be granted for a period less than a quarter day or in other than multiples of a quarter day.

 

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

 

(3)        Recreation leave does not accrue to a staff member in respect of any period of absence from duty without leave or without pay, except as specified in paragraph (4) of this subclause.

 

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

 

(5)        The proportionate deduction to be made in respect of the accrual of recreation leave on account of any period of absence referred to in paragraph (4) of this subclause shall be calculated to an exact quarter day (fractions less than a quarter being rounded down).

 

(6)        Recreation leave accrues at half its normal accrual rate during periods of extended leave on half pay.

 

(7)        On cessation of employment, a staff member is entitled to be paid the money value of accrued recreation leave which remains untaken or unforfeited.

 

(8)        A staff member to whom paragraph (7) of this subclause applies may elect to take all or part of accrued recreation leave which remains untaken or unforfeited at cessation of active duty as leave or as a lump sum payment; or as a combination of leave and a lump sum payment.

 

(e)        Death - Where a staff member dies, the monetary value of recreation leave accrued and remaining untaken or unforfeited as at the date of death, shall be paid to the staff member’s nominated beneficiary.

 

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

 

(1)        to the widow or widower of the staff member; or

 

(2)        if there is no widow or widower, to the children of the staff member or, if there is a guardian of any children entitled under this subclause, to that guardian for the children’s maintenance, education and advancement; or

 

(3)        if there is no such widow, widower or children, to the person who, in the opinion of the GHRRA was, at the time of the staff member’s death, a dependent relative of the staff member; or

 

(4)        if there is no person entitled under paragraphs (1), (2) or (3) of this subclause to receive the monetary value of any leave not taken or not completed by a staff member or which would have accrued to the staff member, the payment shall be made to the personal representative of the staff member.

 

10.  Sick Leave

 

(a)        If the GHRRA is satisfied that a staff member is unable to perform duty because of the staff member’s illness or the illness of his/her family member, the GHRRA:

 

(1)        shall grant to the staff member sick leave on full pay; and

 

(2)        may grant to the staff member, sick leave without pay if the absence of the staff member exceeds the entitlement of the staff member under this Award to sick leave on full pay.

 

(b)        Entitlements

 

(1)        Sick leave on full pay accrues to a staff member at the rate of 15 days each calendar year. Any leave which is not taken accumulates.

 

(2)        Sick leave on full pay accrues at the beginning of the calendar year. If a staff member is appointed after 1 January, sick leave on full pay accrues on a proportionate basis for the year in which employment commences.

 

(3)        All continuous service as a staff member in the NSW public service shall be taken into account for the purpose of calculating sick leave due. Where the service in the NSW public service is not continuous, previous periods of public service shall be taken into account for the purpose of calculating sick leave due if the previous sick leave records are available.

 

(4)        Notwithstanding the provisions of paragraph (3) of this subclause (b) , sick leave accrued and not taken in the service of a public sector employer may be accessed in terms of the Public Sector Staff Mobility Policy.

 

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

 

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

 

(c)        Payment during the initial 3 months of service - Paid sick leave which may be granted to a staff member, other than a seasonal or relief staff member, in the first 3 months of service shall be limited to 5 days’ paid sick leave, unless the GHRRA approves otherwise.  Paid sick leave in excess of 5 days granted in the first 3 months of service shall be supported by a satisfactory medical certificate.

 

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

 

11.  Sick Leave - Workers Compensation

 

(a)        The GHRRA shall advise each staff member of the rights under the Workers’ Compensation Act 1987, as amended from time to time, and shall give such assistance and advice, as necessary, in the lodging of any claim.

 

(b)        A staff member who is or becomes unable to attend for duty or to continue on duty in circumstances which may give the staff member a right to claim compensation under the Workers’ Compensation Act 1987, shall be required to lodge a claim for any such compensation.

 

(c)        Where, due to the illness or injury, the staff member is unable to lodge such a claim in person, the GHRRA shall assist the staff member or the representative of the staff member, as required, to lodge a claim for any such compensation.

 

(d)        The GHRRA will ensure that, once received by the GHRRA, a staff member’s workers’ compensation claim is lodged by the GHRRA with the workers’ compensation insurer within the statutory period prescribed in the Workers’ Compensation Act 1987.

 

(e)        Pending the determination of that claim and on production of an acceptable medical certificate, the GHRRA shall grant sick leave on full pay for which the staff member is eligible, followed, if necessary, by sick leave without pay or, at the staff member’s election, by accrued recreation leave or extended leave.

 

(f)         If liability for the workers’ compensation claim is accepted, then an equivalent period of any sick leave taken by the staff member pending acceptance of the claim shall be restored to the credit of the staff member.

 

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

 

(h)        If a staff member notifies the GHRRA that he or she does not intend to make a claim for any such compensation, the GHRRA shall consider the reasons for the staff member’s decision and shall determine whether, in the circumstances, it is appropriate to grant sick leave in respect of any such absence.

 

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

 

(j)         If the GHRRA provides the staff member with employment which meets the terms and conditions specified in the medical certificate issued under the Workers Compensation Act 1987 and, without good reason, the staff member fails to resume or perform such duties, the staff member shall be ineligible for all payments in accordance with this clause from the date of the refusal or failure.

 

(k)        Nothing in this clause prevents a staff member from appealing a decision or taking action under other legislation made in respect of:

 

(1)        the staff member’s claim for workers’ compensation;

 

(2)        the conduct of a medical examination by HealthQuest or other Medical Officer;

 

(3)        a medical certificate issued by HealthQuest or other examining Medical Officer; or

 

(4)        action taken by the GHRRA either under the Workers’ Compensation Act 1987 or any other relevant legislation in relation to a claim for workers’ compensation, medical examination or medical certificate.

 

12.  Sick Leave - Other Than Workers’ Compensation

 

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

 

(1)        any such claim, if made, will include a claim for the value of any period of paid sick leave granted by the GHRRA to the staff member; and

 

(2)        in the event that the staff member receives or recovers damages or compensation pursuant to that claim for loss of salary or wages during any such period of sick leave, the staff member will repay to the GHRRA the monetary value of any such period of sick leave.

 

(b)        Sick leave on full pay shall not be granted to a staff member who refuses or fails to complete an undertaking, except in cases where the GHRRA is satisfied that the refusal or failure is unavoidable.

 

(c)        On repayment to the GHRRA of the monetary value of sick leave granted to the staff member, sick leave equivalent to that repayment and calculated at the staff member’s ordinary rate of pay, shall be restored to the credit of the staff member.

 

13.  Sick Leave - Requirements for Medical Certificate

 

(a)        A staff member absent from duty for more than 3 consecutive working days because of illness must furnish a medical certificate to the GHRRA in respect of the absence.

 

(b)        A staff member shall be put on notice in advance if required by the GHRRA to furnish a medical certificate in respect of an absence from duty for 3 consecutive working days or less because of illness.

 

(c)        If there is any concern about the reason shown on the medical certificate, the GHRRA, after discussion with the staff member, may refer the medical certificate and the staff member’s application for leave to  HealthQuest for advice.

 

(d)        The nature of the leave to be granted to a staff member shall be determined by the GHRRA on the advice of HealthQuest.

 

(e)        If sick leave applied for is not granted, the GHRRA must, as far as practicable, take into account the wishes of the staff member when determining the nature of the leave to be granted.

 

(f)         A staff member may elect to have an application for sick leave dealt with confidentially by HealthQuest in accordance with the general public service policy on confidentiality, as applies from time to time.

 

(g)        If a staff member who is absent on recreation leave or extended leave, furnishes to the GHRRA a satisfactory medical certificate in respect of an illness which occurred during the leave, the GHRRA may, subject to the provisions of this clause, grant sick leave to the staff member as follows:

 

(1)        in respect of recreation leave, the period set out in the medical certificate;

 

(2)        in respect of extended leave, the period set out in the medical certificate if such period is 5 working days or more.

 

(h)        Subclause (g) above applies to all staff members other than those on leave prior to resignation or termination of services, unless the resignation or termination of services amounts to a retirement.

 

(i)         The reference in this clause to a medical certificate shall apply, as appropriate, to the certificates of up to one week provided by a registered dentist, optometrist, chiropractor, osteopath, physiotherapist, oral and maxilla facial surgeon or, at the GHRRA’s discretion, another registered health services provider. Where the absence exceeds one week, and unless the health provider listed above is also a registered medical practitioner, applications for any further sick leave must be supported by a medical certificate from a registered medical practitioner.

 

14.  Sick Leave to Care for a Family Member

 

When family and community service leave provided for in clause 18 is exhausted, a staff member with responsibilities in relation to a category of person set out in paragraph (c) of this subclause who needs the staff member’s care and support, may elect to use available paid sick leave, subject to the conditions specified in this subclause, to provide such care and support when a family member is ill.

 

(a)        The sick leave shall initially be taken from the current leave year’s entitlement followed, if necessary, by the sick leave accumulated over the previous 3 years. In special circumstances, the GHRRA may grant additional sick leave from the sick leave accumulated during the staff member’s eligible service.

 

(b)        If required by the GHRRA, the staff member must establish by production of a medical certificate or statutory declaration, the illness of the person concerned.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(1)        the staff member being responsible for the care and support of the person concerned; and

 

(2)        the person concerned being:

 

(i)         a spouse of the staff member; or

 

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

 

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

 

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

 

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

 

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

 

Household means a family group living in the same domestic dwelling.

 

15.  Maternity Leave

 

(a)        A staff member who is pregnant shall, subject to this clause, be entitled to be granted maternity leave as follows:

 

(1)        for a period up to 9 weeks prior to the expected date of birth;  and

 

(2)        for a further period of up to 12 months after the actual date of birth.

 

(b)        A staff member who has been granted maternity leave may, with the permission of the GHRRA, take leave after the actual date of birth:

 

(1)        full time for a period of up to 12 months; or

 

(2)        part-time for a period of up to 2 years; or

 

(3)        as a combination of full-time and part-time over a proportionate period and of up to 2 years.

 

(c)        A staff member who has been granted maternity leave and whose child is stillborn may elect to take available sick leave instead of maternity leave.

 

(d)        A staff member who resumes duty before her child’s first birthday or on the expiration of 12 months from the date of birth of her child shall be entitled to resume duty in the position occupied by her immediately before the commencement of maternity leave, if the position still exists.

 

(e)        If the position occupied by the staff member immediately prior to maternity leave has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed to a position of the same grade and classification as the staff member’s former position, subject to the mobility provisions of the Public Sector Employment and Management Act 2002.

 

(f)         A staff member who:

 

(1)        applied for maternity leave within the time and in the manner determined by the GHRRA; and

 

(2)        prior to the expected date of birth, completed not less than 40 weeks’ continuous service,

 

shall be paid at her ordinary rate of pay for a period not exceeding 14 weeks, or the period of maternity leave taken, whichever is the lesser period.  Leave may be taken at full pay, half pay or as a lump sum.

 

(g)        Except as provided in paragraph (f) of this clause, maternity leave shall be granted without pay.

 

(h)        Staff members entitled to maternity leave shall also have an additional entitlement as set out in Appendix B.

 

16.  Parental Leave

 

(a)        A staff member is entitled to take parental leave in respect of each pregnancy of the spouse or partner as follows:

 

(1)        short parental leave - an unbroken period of up to one week at the time of the birth of the child or other termination of the spouse’s or partner’s pregnancy;

 

(2)        extended parental leave - for a period not exceeding 12 months, less any short parental leave already taken by the staff member as provided for in paragraph (1) of this subclause (a), in order to assume the primary care giving responsibilities.

 

(b)        Extended parental leave may commence at any time up to 2 years from the date of birth of the child.

 

(c)        A staff member who has been granted parental leave may, with the permission of the GHRRA, take such leave:

 

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

 

(2)        part-time over a period not exceeding 2 years; or

 

(3)        partly full-time and partly part-time over a proportionate period of up 2 years.

 

(d)        A staff member who resumes duty immediately on the expiration of parental leave shall:

 

(1)        if the position occupied by the staff member immediately before the commencement of that leave still exists, be entitled to be placed in that position; or

 

(2)        if the position occupied by the staff member has ceased to exist, but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed to a position of the same grade and classification as the staff member’s former position, subject to the mobility provisions of the Public Sector Employment and Management Act 2002.

 

(e)        Paid Parental Leave

 

(1)        Staff who have completed at least 40 weeks continuous service prior to the commencement of parental leave are entitled to be paid at their ordinary rate of pay for:

 

(i)         One week on full pay, or

 

(ii)        Two weeks on half pay.

 

(2)        The period of paid leave does not extend the current entitlement of up to 12 months leave, but is part of it.

 

(f)         Except as provided in subclause (e) of this clause, parental leave shall be granted without pay.

 

(g)        Staff members entitled to parental leave shall also have an additional entitlement as set out in Appendix B.

 

17.  Adoption Leave

 

(a)        A staff member adopting a child, and who will be the primary care giver, shall be entitled to be granted adoption leave:

 

(1)        for a period of up to 12 months if the child has not commenced school at the date of the taking of custody; or

 

(2)        for such period, not exceeding 12 months on a full-time basis, as the GHRRA may determine, if the child has commenced school at the date of the taking of custody.

 

(b)        A staff member who has been granted adoption leave may, with the permission of the GHRRA, take leave:

 

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

 

(2)        part-time over a period not exceeding 2 years; or

 

(3)        partly full-time and partly part-time over a proportionate period of up to 2 years.

 

(c)        Adoption leave shall commence on the date that the staff member takes custody of the child concerned, whether that date is before or after the date on which a court makes an order for the adoption of the child by the staff member.

 

(d)        A staff member who resumes duty immediately on the expiration of adoption leave shall:

 

(1)        if the position occupied by the staff member immediately before the commencement of that leave still exists, be entitled to be placed in that position; or

 

(2)        if the position so occupied by the staff member has ceased to exist but there are other positions available that the staff member is qualified for and is capable of performing, the staff member shall be appointed to a position of the same grade and classification as the staff member’s former position, subject to the mobility provisions of the Public Sector Employment and Management Act 2002.

 

(e)        A staff member who will be the primary care giver from the date of taking custody of the adopted child shall be entitled to payment at the ordinary rate of pay for a period of 14 weeks of adoption leave or the period of adoption leave taken, whichever is the lesser period, if the staff member:

 

(1)        applied for adoption leave within the time and in the manner determined by the GHRRA; and

 

(2)        prior to the commencement of adoption leave, completed not less than 40 weeks’ continuous service.

 

Leave may be taken at full pay, half pay or as a lump sum.

 

(f)         Except as provided in subclause (e) of this clause, adoption leave shall be granted without pay.

 

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

 

(h)        Staff members entitled to adoption leave shall also have an additional entitlement as set out in Appendix B.

 

18.  Family and Community Service Leave

 

(a)        The GHRRA shall, in the case of emergencies or in personal or domestic circumstances, grant to a staff member some or all of the available family and community service leave on full pay.

 

(b)        Such cases may include but not be limited to the following:

 

(1)        compassionate grounds - such as the death or illness of a close member of the family or a member of the staff member’s household;

 

(2)        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;

 

(3)        emergency or weather conditions - such as when flood, fire or snow etc. threaten property and/or prevent a staff member from reporting for duty;

 

(4)        other personal circumstances - such as citizenship ceremonies, parent/teacher interviews or attending a child’s school for other reasons.

 

(5)        Attendance at court by a staff member to answer a charge for a criminal offence, if the GHRRA considers the granting of family and community service leave to be appropriate in a particular case.

 

(6)        Staff members who are selected to represent Australia or the State as competitors in major amateur sport (other than Olympic or Commonwealth Games).

 

(7)        Staff who hold office in Local Government other than as a Mayor of a Municipal Council, President of a Shire Council or Chairperson of a County Council, to attend meetings, conferences or other duties associated with that office where those duties necessitate absence during normal working hours.

 

(c)        The maximum amount of family and community service leave on full pay which may, subject to this award, be granted to a staff member shall be the greater of the leave provided in paragraphs (1) or (2) of this subclause;

 

(1)        2½ of the staff member’s working days in the first year of service and, on completion of the first year’s service, 5 of the staff member’s working days in any period of 2 years; or

 

(2)        after the completion of 2 years’ continuous service, the available family and community service leave is determined by allowing 1 day’s leave for each completed year of service less the total amount of short leave or family and community service leave previously granted to the staff member.

 

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

 

(e)        On the death of a person defined in subclause (c) of clause 14 additional paid family and community service leave of up to 2 days may be granted on a discrete, per occasion basis to a staff member.

 

(f)         In cases of illness of a family member for whose care and support the staff member is responsible, paid sick leave in accordance with clause 14 shall be granted when paid family and community service leave has been exhausted.

 

19.  Observance of Essential Religious Or Cultural Obligations

 

(a)        A staff member of:

 

(1)        any religious faith who seeks leave for the purpose of observing essential religious obligations of that faith; or

 

(2)        any ethnic or cultural background who seeks leave for the purpose of observing any essential cultural obligations,

 

may be granted recreation leave, extended leave, or leave without pay to do so.

 

(b)        Provided adequate notice as to the need for leave is given by the staff member to the GHRRA and it is operationally convenient to release the staff member from duty, the GHRRA must grant the leave applied for by the staff member in terms of this clause.

 

(c)        A staff member of any religious faith who seeks time off during daily working hours to attend to essential religious obligations of that faith, shall be granted such time off by the GHRRA, subject to:

 

(1)        adequate notice being given by the staff member;

 

(2)        prior approval being obtained by the staff member;  and

 

(3)        the time off being made up in the manner approved by the GHRRA.

 

20.  Extended Leave

 

(a)        Staff members shall be granted extended leave for service with the New South Wales Trotting Club Ltd prior to 1 January 1978, in accordance with the provisions of the Long Service Leave Act 1955.  From 1 January 1978, staff members shall be granted extended leave on such terms and conditions as may be applicable from time to time to staff members employed under the provisions of Schedule 3 of the Public Sector Employment and Management Act 2002.

 

(b)        In the case of a staff member receiving entitlement to extended leave in terms of this Award, whose service began prior to 1 January 1978, the amount of extended leave to which such staff member shall be entitled shall be the sum of the following amounts:

 

(1)        an amount calculated on the basis of the Long Service Leave Act 1955, for service before 1 January 1978.

 

(2)        an amount calculated on the basis of the Public Service Act 1979, Public Sector Management Act 1988 and Public Sector Employment and Management Act 2002 for service after 1 January 1978.

 

21.  Leave Without Pay

 

(a)        The GHRRA may grant leave without pay to a staff member if good and sufficient reason is shown.

 

(b)        Leave without pay may be granted on a full-time or a part-time basis.

 

(c)        Where a staff member is granted leave without pay for a period not exceeding 10 consecutive working days, the staff member shall be paid for any proclaimed public holidays falling during such leave without pay.

 

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

 

(e)        A staff member who has been granted leave without pay shall not engage in private employment of any kind during the period of leave without pay, unless prior approval has been obtained from the GHRRA.

 

(f)         A staff member shall not be required to exhaust accrued paid leave before proceeding on leave without pay but, if the staff member elects to combine all or part of accrued paid leave with leave without pay, the paid leave shall be taken before leave without pay.

 

22.  Military Leave

 

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

 

(b)        Up to 24 working days military leave per year may be granted by the GHRRA to members of the Naval and Military Reserves and up to 28 working days per year to members of the Air Force Reserve for the activities specified in subclause (a) of this clause.

 

(c)        At the expiration of military leave, the staff member shall furnish to the GHRRA a certificate of attendance signed by the commanding officer or other responsible officer.

 

23.  Special Leave

 

(a)        Special Leave - Jury Service

 

(1)        A staff member shall, as soon as possible, notify the GHRRA of the details of any jury summons served on the staff member.

 

(2)        A staff member who, during any period when required to be on duty, attends a court in answer to a jury summons shall, upon return to duty after discharge from jury service, furnish to the GHRRA a certificate of attendance issued by the Sheriff or by the Registrar of the court giving particulars of attendance by the staff member during any such period and the details of any payment or payments made to the staff member under section 72 of the Jury Act 1977 in respect of any such period.

 

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

 

(b)        Witness at Court - Official Capacity - When a staff member is subpoenaed or called as a witness in an official capacity, the staff member shall be regarded as being on duty.

 

(1)        Salary and any expenses properly and reasonably incurred by the staff member in connection with the staff member’s appearance at Court as a witness in an official capacity shall be paid by the GHRRA.

 

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

 

(1)        be granted, for the whole of the period necessary to attend as such a witness, special leave on full pay;  and

 

(2)        pay into the GHRRA Fund all money paid to the staff member under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call.

 

(3)        Union Witness - a staff member called by their union to give evidence before an Industrial Tribunal or in another jurisdiction, shall be granted special leave by the GHRRA for the required period.

 

(d)        Called as a witness in a private capacity - A staff member who is subpoenaed or called as a witness in a private capacity shall, for the whole of the period necessary to attend as such a witness, be granted at the staff member’s election, available recreation leave on full pay or leave without pay.

 

(e)        Special Leave - Examinations - Special leave on full pay up to a maximum of 5 days in any one year shall be granted to staff members for the purpose of attending at any examination approved by the GHRRA.

 

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

 

(f)         Special Leave - Union Activities - Special leave on full pay may be granted to staff members who are accredited trade union delegates to undertake trade union activities as provided for in clause 26, Trade Union Activities of this award.

 

(g)        Return Home When Temporarily Living Away from Home - Sufficient special leave shall be granted to a staff member who is temporarily living away from home as a result of work requirements to return home once each month to enable such staff member to spend two days and two nights with the family.  If the staff member wishes to return home more often, such staff member may be granted recreation leave or extended leave to credit, or leave without pay, if the operational requirements allow.

 

(h)        Return Home When Transferred to New Location - Special leave shall be granted to a staff member who has moved to the new location ahead of dependants, to visit such dependants, subject to the conditions specified in the Crown Employees (Transferred Employees Compensation) Award.

 

(i)         A staff member who identifies as an Aborigine or a Torres Strait Islander may be granted up to one day’s special leave per year to enable the staff member to participate in the National Day celebrations.

 

(j)         Special Leave - Other Purposes - Special leave on full pay may be granted to staff members by the GHRRA for such other purposes, during such periods and subject to such conditions, as existed at the date of commencement of this award.

 

24.  Part-Time Work

 

Staff who are engaged on a part-time basis will be granted leave and other entitlements on a pro-rata basis.

 

25.  Casual Employment

 

(a)        The hourly rate for casuals will be the appointed salary rate for the position divided by 52.17857 divided by the number of ordinary full-time hours for the position. 4/48ths will be added to the hourly rate in lieu of leave.

 

(b)        Casuals who are engaged on weekends or public holidays shall be paid the hourly rate plus a loading of 20% plus 4/48ths in lieu of leave.

 

(c)        Casual staff are not entitled to any form of leave specified in the award, except for long service leave in accordance with the Long Service Leave Act 1955.

 

(d)        Casuals shall also receive the following entitlements:

 

(1)        Personal Carer’s and Bereavement entitlement in accordance with Appendix A of this Award; and

 

(2)        Unpaid parental leave in accordance with Appendix B.

 

26.  Trade Union Activities

 

(a)        "On duty" Activities - A trade union delegate will be released from the performance of normal GHRRA duty in respect of activities specified below and will not be required to apply for leave:

 

(1)        Attendance at meetings of the workplace’s Occupational Health and Safety Committee and participation in all official activities relating to the functions and responsibilities of elected Occupational Health and Safety Committee members at a place of work as provided for in the Occupational Health and Safety Act 2000 and the Regulations;

 

(2)        Attendance at meetings with workplace management or workplace management representatives;

 

(3)        A reasonable period of preparation time, before:

 

(i)         meetings with management;

 

(ii)        disciplinary or grievance meetings when a trade union member requires the presence of a trade union delegate; and

 

(iii)       any other meeting with management,

 

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

 

(4)        Giving evidence in court on behalf of the GHRRA;

 

(5)        Appearing as a witness before the Government and Related Employees’ Appeal Tribunal;

 

(6)        Representing the Association at the Government and Related Employees’ Appeal Tribunal as an advocate or as a Tribunal Member;

 

(7)        Presenting information on the trade union and trade union activities at induction sessions for new staff of the GHRRA; and

 

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

 

27.  Travelling Allowances

 

(1)        General

 

(a)        The Chief Executive Officer shall require staff members to obtain an authorisation for all official travel prior to incurring any travel expenses.

 

(b)        Any authorised official travel and associated expenses, properly and reasonably incurred by a staff member required to perform duty at a location other than their normal headquarters shall be met by the GHRRA.

 

(c)        The amount payable for a portion of a day shall be the appropriate proportion of the daily rate and any fraction of an hour shall be rounded off to the nearest half-hour.

 

(2)        Travelling Compensation

 

(a)        Excess Travelling Time - A staff member directed by the GHRRA to travel on official business outside the usual hours of duty is entitled to apply and to be compensated for such time either by:

 

(1)        payment calculated in accordance with the provisions contained in this clause;  or

 

(2)        if it is operationally convenient, by taking equivalent time off in lieu to be granted for excess time spent in travelling on official business.

 

(b)        Compensation under subparagraphs (1) or (2) of paragraph (a) of this subclause, shall be subject to the following conditions:

 

(1)        on a non-working day - all time spent travelling on official business;

 

(2)        on a working day - subject to the provisions of paragraph (e) of this subclause, all additional time spent travelling before or after the staff member’s normal hours of duty.

 

(3)        the period for which compensation is being sought is more than a quarter of an hour on any one day.

 

(c)        No compensation for travelling time shall be given in respect of travel between 11.00 pm on any one day and 7.30 am on the following day where the staff member has travelled overnight and sleeping facilities have been provided for the staff member.

 

(d)        Compensation for travelling time shall be granted only in respect of the time that might reasonably have been taken by the use of the most practical and economic means of transport.

 

(e)        Travelling time shall not include:

 

(1)        time normally taken for the periodic journey from home to headquarters and return;

 

(2)        any periods of excess travel of less than 30 minutes on any one day;

 

(3)        travel to new headquarters on permanent transfer, if special leave has been granted for the day or days on which travel is to be undertaken;

 

(4)        time from 11.00 pm on one day to 7.30 am on the following day if sleeping facilities have been provided.

 

(5)        travel not undertaken by the most practical available route;

 

(6)        working on board ship where meals and accommodation are provided;

 

(7)        any travel undertaken by a member of staff whose salary includes an "all incidents of employment" component;

 

(8)        travel overseas.

 

(f)         Waiting Time - When a staff member is required to wait for transport in order to commence a journey to another location or to return to headquarters and such time is outside the normal hours of duty, such waiting time shall be treated and compensated in the same manner as travelling time.

 

(g)        Payment - Payment for travelling time calculated according to paragraphs 2 (a) and 2 (c) above shall be at the staff member’s ordinary rate of pay on an hourly basis calculated as follows:

 

Annual Salary	x	5	x	1
1		260.89		Normal hours of work

 

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

 

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

 

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

 

(k)        Meal Allowances - A staff member who is required to travel to perform duty at a location other than their normal headquarters and who is not required to reside temporarily at a place other than the staff member’s residence shall be paid the following allowances as set out in Item 1(b) of the Table for:-

 

(1)        breakfast when required to commence travel at or before 6.00 am and at least 1 hour before the prescribed starting time;

 

(2)        an evening meal when required to travel until or beyond 6.30 pm;  and

 

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

 

(l)         Accommodation, etc.  Allowances (Non Government Accommodation)

 

(1)        A staff member who performs official duty at or from a temporary work location and, as a result, is required to obtain temporary accommodation at the temporary work location, shall be compensated for the expenses properly and reasonably incurred during the time actually spent away from the staff member’s residence in order to perform that duty.

 

(2)        For the first 35 days the allowance shall be as set out in Item 2 of the Table or the actual necessary expenses for meals and accommodation (excluding morning and afternoon teas) together with an appropriate incidental expenses allowance set out in Item 3 of the Table.

 

(3)        The claim under this clause may be made by the staff member at the set allowance rate for the whole of the absence on official duty or for actual expenses for the whole of the absence on official duty, but cannot be made under one of the options for part of the period of absence and under the other option for the other part of the period of absence.

 

(4)        After the first 35 days and up to 6 months, subject to this clause, a staff member shall be paid an allowance at the rate set in Item 4 of the Table provided that the allowance paid to a staff member temporarily located in Broken Hill shall be increased by one-fifth.

 

(m)       Accommodation, etc. Allowances (Government Accommodation)

 

(1)        A staff member who performs official duty at or from a temporary work location and is provided with accommodation by the GHRRA shall be reimbursed meal expenses properly and reasonably incurred during the time actually spent away from the staff member’s residence in order to perform that duty, if such meals are not provided by the GHRRA. The staff member is entitled to be paid an incidental expenses allowance at the appropriate rate set out in Item 5 of the Table.

 

(n)        An allowance  under paragraphs (2) (l) and (2) (m) of this clause is not payable in respect of:

 

(1)        any period during which the staff member returns to their residence at weekends or public holidays, commencing with the time of arrival at that residence and ending at the time of departure from the residence.

 

(2)        any period of leave, except with the approval of the GHRRA or as otherwise provided by this clause;  or

 

(3)        any other period during which the staff member is absent from the staff member’s temporary work location otherwise than on official duty.

 

(4)        Notwithstanding subparagraph (3) of this paragraph, a staff member in receipt of an allowance under paragraphs (2) (l) or (2) (m) of this clause who is granted special leave to return to their residence at a weekend, shall be entitled to an allowance under paragraph (2) (l) in respect of the necessary period of travel for the journey from the temporary work location to the staff member’s residence; and for the return journey from the staff member’s residence to the temporary work location, but is not entitled to any allowance under this clause, or any other allowance, in respect of the same period.

 

(5)        Notwithstanding subparagraph (3) of this subclause, a staff member in receipt of an allowance under this subclause who, on ceasing to perform duty at or from a temporary work location, leaves that location shall be entitled to an allowance in accordance with paragraph (2) (l) of this clause in respect of the necessary period of travel to return to the staff member’s residence or to take up duty at another temporary work location, but is not entitled to any other allowance in respect of the same period.

 

(o)        Adjustment of Allowances - Where the GHRRA is satisfied that an allowance under paragraphs (2) (k) Meal Allowances, (2) (l) Accommodation Allowances (Non-Government Accommodation or (2) (m) Accommodation Allowances (Government Accommodation) of this clause is:

 

(1)        insufficient to adequately reimburse the staff member for expenses properly and reasonably incurred, a further amount may be paid to reimburse the staff member for the additional expenses incurred; or

 

(2)        in excess of the amount which would adequately reimburse the staff member for expenses properly and reasonably incurred, the GHRRA may reduce the allowance to an amount which would reimburse the staff member for expenses properly and reasonably incurred.

 

(p)        Production of Receipts - Payment of any actual expenses shall be subject to the production of receipts, unless the GHRRA is prepared to accept other evidence from the staff member.

 

(q)        Travelling distance - the need to obtain overnight accommodation shall be determined by the Chief Executive Officer having regard to the safety of the staff member or members travelling on official business and local conditions applicable to the area.  Where staff members are required to attend conferences or seminars which involve evening sessions or staff members are required to make an early start at work in a location away from their normal workplace, overnight accommodation shall be appropriately granted by the Chief Executive Officer.

 

28.  Use of Private Motor Vehicles

 

(a)        The GHRRA may authorise a staff member to use a private motor vehicle for work where:

 

(1)        such use will result in greater efficiency or involve the GHRRA in less expense than if travel were undertaken by other means; or

 

(2)        where the staff member is unable to use other means of transport due to a disability.

 

(b)        The appropriate rate of allowance shall be paid depending on the circumstances and the purpose for which the vehicle is used and defined as:

 

(1)        Casual Rate means the appropriate rate payable in respect of a motor vehicle maintained by the staff member for private purposes but which the staff member may elect to use with the approval of the GHRRA for occasional travel on official business, subject to the allowance paid for such travel not exceeding the cost of travel by public or other available transport.

 

(2)        Official Business Rate means the appropriate rate of allowance payable for the use of a private motor vehicle where no other transport is available and such use is directed by the GHRRA and agreed to by the staff member or where the staff member is unable to use other transport due to a disability.

 

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

 

(d)        A staff member who, with the approval of the GHRRA uses a private motor vehicle for work shall be paid an appropriate rate of allowance specified in Item 6 of the Table for the use of such private motor vehicle.

 

(e)        Where a private vehicle is damaged while being used for work any normal excess insurance charges prescribed by the insurer shall be reimbursed by the GHRRA, provided:

 

(1)        the damage is not due to gross negligence by the staff member;  and

 

(2)        the charges claimed by the staff member are not the charges prescribed by the insurer as punitive excess charges.

 

(f)         Provided the damage is not the fault of the staff member, the GHRRA shall reimburse to a staff member the costs of repairs to a broken windscreen, if the staff member can demonstrate that:

 

(1)        the damage was sustained on approved work activities; and

 

(2)        the costs cannot be met under the insurance policy due to excess clauses.

 

(g)        Expenses such as tolls etc. shall be refunded to staff members where the charge was incurred during approved work related travel.

 

(h)        Where a staff member tows a trailer or horse-float during travel resulting from approved work activities while using a private vehicle, the staff member shall be entitled to an additional allowance as prescribed in Item 6 of the Table.

 

(i)         Except as otherwise specified in this award, a staff member shall bear the cost of ordinary daily travel by private motor vehicle between the staff member’s residence and headquarters.

 

29.  Study Leave (Assistance)

 

(a)        The GHRRA shall have the power to grant or refuse study time.

 

(b)        Where the GHRRA approves the grant of study time, the grant shall be subject to:

 

(1)        the course being a course relevant to the GHRRA and/or the public sector; and

 

(2)        the time being taken at the convenience of the GHRRA.

 

(c)        Study time may be granted to both full and part-time staff members. Part-time staff members however shall be entitled to a pro-rata allocation of study time to that of a full-time staff member.

 

(d)        Study time may be used for:

 

(1)        attending compulsory lectures, tutorials, residential schools, field days etc., where these are held during working hours; and/or

 

(2)        necessary travel during working hours to attend lectures, tutorials etc., held during or outside working hours;  and/or private study; and/or accumulation, subject to the conditions specified in subclauses (f), (g), (h), (i) and (j) of this clause.

 

(e)        Staff members requiring study time must nominate the type(s) of study time preferred at the time of application and prior to the proposed commencement of the academic period. The types of study time are as follows:

 

(1)        Face-to-Face - Staff members may elect to take weekly and/.or accrued study time, subject to the provisions for its grant.

 

(2)        Correspondence - Staff members may elect to take weekly and/or accrued study time, or time off to attend compulsory residential schools.

 

(3)        Accumulation - Staff members may choose to accumulate part or all of their study time as provided in subclauses (f), (g), (h), (i) and (j) of this clause.

 

(f)         Accumulated study time may be taken in any manner or at any time, subject to operational requirements of the GHRRA.

 

(g)        Staff members on rotating shifts may accumulate study time so that they can take leave for a full shift, where this would be more convenient to both the staff member and the GHRRA.

 

(h)        Where at the commencement of an academic year/semester a staff member elects to accrue study time and that staff member has consequently foregone the opportunity of taking weekly study time, the accrued period of time off must be granted even if changed work circumstances mean absence from duty would be inconvenient.

 

(i)         Staff members attempting courses which provide for annual examinations, may vary the election as to accrual, made at the commencement of an academic year, effective from 1st July in that year.

 

(j)         Where a staff member is employed after the commencement of the academic year, weekly study time may be granted with the option of electing to accrue study time from 1st July in the year of entry on duty or from the next academic year, whichever is sooner.

 

(k)        Staff members studying in semester based courses may vary their election as to accrual or otherwise from semester to semester.

 

(l)         Correspondence courses - Study time for staff members studying by correspondence accrues on the basis of half an hour for each hour of lecture/tutorial attendance involved in the corresponding face-to-face course, up to a maximum grant of 4 hours per week.  Where there is no corresponding face-to-face course, the training institution should be asked to indicate what the attendance requirements would be if such a course existed.

 

(m)       Correspondence students may elect to take weekly study time and/or may accrue study time and take such accrued time when required to attend compulsory residential schools.

 

(n)        Repeated subjects - Study time shall not be granted for repeated subjects.

 

(o)        Expendable grant - Study time if not taken at the nominated time shall be forfeited.  If the inability to take study time occurs as a result of a genuine emergency at work, study time for that week may be granted on another day during the same week.

 

(p)        Examination Leave - Examination leave shall be granted as special leave for all courses of study approved in accordance with this clause.

 

(q)        The period granted as examination leave shall include:

 

(1)        time actually involved in the examination;

 

(2)        necessary travelling time;

 

but is limited to a maximum of 5 days in any one year.  Examination leave is not available where an examination is conducted within the normal class timetable during the term/semester and study time has been granted to the staff member.

 

(r)         The examination leave shall be granted for deferred examinations and in respect of repeat studies.

 

(s)        Study Leave - Study leave for full-time study is granted to assist those staff members who win scholarships/fellowships/awards or who wish to undertake full-time study and/or study tours.  Study leave may be granted for studies at any level, including undergraduate study.

 

(t)         All staff members are eligible to apply and no prior service requirements are necessary.

 

(u)        Study leave shall be granted without pay, except where the GHRRA approves financial assistance.  The extent of financial assistance to be provided shall be determined by the GHRRA according to the relevance of the study to the workplace and may be granted up to the amount equal to full salary.

 

(v)        Where financial assistance is approved by the GHRRA for all or part of the study leave period, the period shall count as service for all purposes in the same proportion as the quantum of financial assistance bears to full salary of the staff member.

 

(w)       Scholarships for Part-Time Study - In addition to the study time/study leave provisions under this sub clause, the GHRRA may choose to identify courses or educational programs of particular relevance or value and establish a GHRRA scholarship to encourage participation in these courses or programs.  The conditions under which such scholarships are provided should be consistent with the provisions of this clause.

 

30.  Staff Development and Training Activities

 

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

 

(1)        all staff development courses conducted by a NSW Public Sector organisation;

 

(2)        short educational and training courses conducted by generally recognised public or private educational bodies; and

 

(3)        conferences, conventions, seminars, or similar activities conducted by professional, learned or other generally recognised societies, including Federal or State Government bodies.

 

(b)        For the purposes of this clause, the following shall not be regarded as staff development and training activities:

 

(1)        activities for which study assistance is appropriate;

 

(2)        activities to which other provisions of this award apply (e.g. courses conducted by trade unions);  and

 

(3)        activities which are of no specific relevance to the GHRRA.

 

(c)        Attendance of a staff member at activities considered by the GHRRA to be:

 

(1)        essential for the efficient operation of the GHRRA;  or

 

(2)        developmental and of benefit to the GHRRA

 

shall be regarded as on duty for the purpose of payment of salary if a staff member attends such an activity during normal working hours.

 

(d)        The following provisions shall apply, as appropriate, to the activities considered to be essential for the efficient operation of the GHRRA:

 

(1)        recognition that the staff members are performing normal duties during the course;

 

(2)        adjustment for the hours so worked under flexible working hours;

 

(3)        payment of course fees;

 

(4)        payment of all actual necessary expenses or payment of allowances in accordance with this award, provided that the expenses involved do not form part of the course and have not been included in the course fees; and

 

(5)        payment of overtime where the activity could not be conducted during the staff member’s normal hours and the GHRRA is satisfied that the approval to attend constitutes a direction to work overtime under Clause 4, Overtime of this Award.

 

(e)        The following provisions shall apply, as appropriate, to the activities considered to be developmental and of benefit to the GHRRA:

 

(1)        recognition of the staff member as being on duty during normal working hours whilst attending the activity;

 

(2)        payment of course fees;

 

(3)        reimbursement of any actual necessary expenses incurred by the staff member for travel costs, meals and accommodation, provided that the expenses have not been paid as part of the course fee;  and

 

(4)        such other conditions as may be considered appropriate by the GHRRA given the circumstances of attending at the activity, such as compensatory leave for excess travel or payment of travelling expenses.

 

(f)         Where the training activities are considered to be principally of benefit to the staff member and of indirect benefit to the public service, special leave of up to 10 days per year shall be granted to a staff member.  If additional leave is required and the GHRRA is able to release the staff member, such leave shall be granted as a charge against available recreation or extended leave, or as leave without pay.

 

(g)        Higher Duties Allowance - Payment of a higher duties allowance is to continue where the staff member attends a training or developmental activity whilst on duty in accordance with this clause.

 

31.  Protective Clothing and Equipment

 

(a)        Where staff members are required to work in dirty conditions or in inclement weather, or where the nature of the work otherwise so demands, the necessary protective clothing and equipment shall be supplied on loan by the GHRRA.

 

(b)        The Association shall be consulted in the event of there being any dispute about the need for any item of protective clothing or equipment.

 

(c)        Where staff members are required to wear distinctive clothing or uniforms, such will be supplied by the GHRRA.

 

(d)        Where staff members are required to use binoculars, such will be supplied by the GHRRA.

 

32.  Reports

 

No report shall be placed with the personal records of a staff member or noted thereon unless the staff member concerned shall have been shown and signed the said report and shall have been given an opportunity of replying thereto.

 

33.  Filling of Vacancies

 

All vacancies shall be brought to the notice of existing staff.  All staff shall be entitled to apply for any vacancy.

 

34.  Anti-Discrimination

 

(a)        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.

 

(b)        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.

 

(c)        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.

 

(d)        Nothing in this clause is to be taken to affect:

 

(1)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(2)        offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

(4)        a 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 the parties by legislation referred to in this clause.

 

NOTES:

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

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

 

“Nothing in this 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.”

 

35.  Grievance and Dispute Settlement Procedures

 

(a)        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 GHRRA, if required.

 

(b)        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.

 

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

 

(d)        The immediate manager, or other appropriate staff member, shall convene a meeting in order to resolve the grievance, dispute or difficulty within two working days, or as soon as practicable, of the matter being brought to attention.

 

(e)        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 working days, or as soon as practicable.  This sequence of reference to successive levels of management may be pursued by the staff member until the matter is referred to the Chief Executive Officer of the GHRRA.

 

(f)         If the matter remains unresolved, the Chief Executive Officer of the GHRRA 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.

 

(g)        A staff member, at any stage, may request to be represented by their union.

 

(h)        The staff member or the union on their behalf, or the GHRRA may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

(i)         The staff member, union and the GHRRA shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

(j)         Whilst the procedures outlined in subclauses (a) to (i) 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.

 

36.  Existing Conditions

 

All existing privileges and conditions existing at the commencement of this award shall continue during the currency of this award.

 

37.  Deduction of Union Membership Fees

 

(a)        The Association shall provide the GHRRA with a schedule setting out Association fortnightly membership fees payable by members of the Association in accordance with the Association’s rules.

 

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

 

(c)        Subject to (a) and (b) above, the GHRRA shall deduct Association fortnightly membership fees from the salary of any staff member who is a member of the Association in accordance with the Association’s rules, provided that the staff member has authorized the GHRRA to make such deductions.

 

(d)        Monies so deducted from staff members’ salary shall be forwarded regularly to the Association together with all necessary information to enable the Association to reconcile and credit subscriptions to staff members’ Association membership accounts.

 

(e)        Unless other arrangements are agreed to by the GHRRA and the Association, all Association membership fees shall be deducted on a fortnightly basis.

 

(f)         Where a staff member has already authorized the deduction of Association membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the officer to make a fresh authorization in order for such deductions to continue.

 

38.  Secure Employment

 

(a)        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.

 

(b)        Casual Conversion

 

(i)         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.

 

(ii)        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.

 

(iii)       Any casual employee who has a right to elect under paragraph (b)(i), upon receiving notice under paragraph (b)(ii) or after the expiry of the time for 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 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.

 

(iv)       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.

 

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

 

(vi)       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 (b)(iii), the employer and employee shall, in accordance with this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:

 

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

 

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

 

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

 

(vii)      Following an agreement being reached pursuant to paragraph (vi), 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.

 

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

 

(c)        Occupational Health and Safety

 

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

 

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

 

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

 

(ii)        Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

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

 

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

 

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

 

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

 

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

 

(d)        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.

 

(e)        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.

 

39.  Area, Incidence and Duration

 

(a)        This award shall apply to all staff members as defined in clause 1, Definitions of this Award.

 

(b)        This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Harness Racing New South Wales) Conditions of Employment Award published 27 June 2003 (340 I.G. 108) and all variations thereof.

 

(c)        The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 31 July 2007.

 

(d)        The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

Part B

 

Table of Allowances

 

Effective 1 July 2007

 

 

Appendix A

 

(i)         Personal Carers entitlement for casual employees

 

(a)        Casual employees are entitled to not be available to attend work, or to leave work if they need to care for a family member described in (ii) below who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child. This entitlement is subject to the evidentiary requirements set out below in (d), and the notice requirements set out in (e).

 

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

 

(c)        The GHRRA must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the GHRRA to engage or not to engage a casual employee are otherwise not affected.

 

(d)        The casual employee shall, if required,

 

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

 

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

 

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

 

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

 

(ii)        A family member for the purposes of (i)(a) above is:

 

(a)        a spouse of the staff member; or

 

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

 

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

 

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

 

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

 

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

 

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

 

(iii)       Bereavement entitlements for casual employees

 

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

 

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

 

(c)        The GHRRA must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the GHRRA to engage or not engage a casual employee are otherwise not affected.

 

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

 

Appendix B

 

 (i)        Refer to the Industrial Relations Act 1996 (NSW).  The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

 

 

(ii)        The GHRRA must not fail to re-engage a regular casual employee (see section 53 (2) of the Industrial Relations Act 1996 (NSW) because:

 

(a)        the employee or employee’s spouse is pregnant; or

 

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

 

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

 

(iii)       Right to request

 

(a)        A staff member entitled to parental leave may request the GHRRA to allow the staff member:

 

(1)        to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

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

 

(3)        to return from a period of parental leave on a part-time basis until the child reaches school age.

 

to assist the staff member in reconciling work and parental responsibilities.

 

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

 

(c)        The staff member’s request and the GHRRA's decision to be in writing

 

The staff member’s request and the GHRRA’s decision made under (iii)(a) and (iii)(b) must be recorded in writing.

 

(d)        Request to return to work part-time

 

Where a staff member wishes to make a request under (iii)(a)(3), such a request must be made as soon as possible but no less then seven weeks prior to the date upon which the staff member is due to return to work from parental leave.

 

(iv)       Communication during parental leave

 

(a)        Where a staff member is on parental leave and a definite decision has been made to introduce significant change at the workplace, the GHRRA shall take reasonable steps to:

 

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

 

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

 

(b)        The staff member shall take reasonable steps to inform the GHRRA about any significant matter that will affect the staff member’s decision regarding the duration of parental leave to be taken, whether the staff member intends to return to work and whether the staff member intends to request to return to work on a part time basis.

 

(c)        The staff member shall also notify the GHRRA of changes of address or other contact details which might affect the GHRRA’s capacity to comply with paragraph (a).

 

 

 

R. W. HARRISON  D.P.

 

 

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Printed by the authority of the Industrial Registrar.