Forestry Commission Division trading as Forests NSW Crown Employees Fieldwork and Other Staff Award 2010-2012

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by NSW Department of Primary Industries.

 

(No. IRC 277 of 2011)

 

 

AWARD

 

CONTENTS

 

Section 1 - Framework

 

1.        Title

2.        Parties

3.        Statement of Intent

4.        Scope

5.        Award entered into freely by all parties

6.        Term

7.        Definitions

8.        Anti-Discrimination

9.        Grievance & Dispute Resolution Procedures

10.      No Extra Claims

11.      Systems and Technology

 

Section 2 - General Employment and Hours of Work

 

12.      Conditions of Employment

12.1    Weekly Employment

12.2    Probationary Employees (new employees)

12.3    Term Employment

12.4    Part time Employment

12.5    Casual employment

 

13.      Hours of Work

13.1    Ordinary Hours of Work

13.2    Variation of Ordinary Hours of Work

13.3    Ordinary Hours on Saturday/Sunday

13.4    Shift Work

13.5    Rostered Days Off

13.6    Travel to and from Work

13.7    Self-Managing Work Teams

13.8    Tea Break and Facilities

13.9    Meal Breaks

 

14.      Overtime (Excluding Fire Fighting)

14.1    Overtime Definition

14.2    Employees to Work Reasonable Overtime

14.3    Overtime Rates

14.4    Time off in Lieu of Overtime

14.5    Minimum Periods

14.6    Break from Duty (Overtime)

14.7    Overtime Meal Breaks

14.8    Meal Allowance for Overtime

 

Section 3 - Safety

 

15.      First-Aid and Health and Safety Issues

16.      Uniforms Carrying Forest NSW Logo

16.1    Uniforms

16.2    Boots

17.      Tools and Protective Clothing

18.      Use of Casuals and Contractors

19.      Contractor’s Protocol

 

Section 4 - Travel Arrangements

 

20.      Travel Arrangements

20.1    Travelling when away from home base

20.2    Accommodation Expenses

20.3    Reimbursement for Accommodation and Meals- Overnight Stay

20.4    Camping Expenses

 

Section 5 - Payment of Wages

 

21.      Payment of Wages

21.1    Salary Rates

21.2    Pay Period

21.3    Payment Method

21.4    Pay Advice

21.5    Payment  on Termination

21.6    Performance Pay or Payment by Results

21.7    Salary Packaging

21.8    Deduction of Union Membership Fees

 

Section 6 - Classification Structure

 

22.      Classification Structure

22.1    Classification of Employees

22.2    Purpose of Classification Structure

22.3    Classification Disputes

22.4    Higher Duties

 

Section 7 - Fire Fighting

 

23.      Fire Fighting Duty (Applicable only to Field Employees Engaged in Fire Fighting Duty)

23.1    Definition

23.2    Fire Fighting Health and Fitness Agreement

23.3    On-Call Roster Allowance

23.4    Fire Stand-by Duty Outside Normal Working Hours

23.5    On-Call Duties

23.6    Immediate "On-Call" an hourly on call system

23.7    Minimum Periods- per overtime provisions

23.8    Fire Fighting Loading

23.9    Break from Duty- per overtime provisions

23.10   Travel To and From Fires

23.11   General Fire Fighting Requirements

23.12   Meals

23.13   Accredited Assessors Allowance

23.14   Reimbursement expenses if recalled for fire fighting when on holidays

 

24.      Fire Ground Work- Workshops Employees

24.1    Introduction

24.2    Fire Fighting Loading

24.3    Normal Working Hours

24.4    Reimburse expenses if recalled for fire fighting when on holidays

25.      On-Call Arrangements and Allowances - Workshops Only

25.1    On-Call Duty

25.2    Expectations Whilst On-Call

25.3    Notice Period

25.4    On-Call Extra’s

25.5    AC Licence fees

25.6    Tool Coverage (Workshops Only)

 

Section 8 - Leave

 

26.      Leave

26.1    General Provisions- Ministerial Leave Conditions (MLC)

26.2    Sick Leave

26.3    Public Holidays

26.4    Union Picnic Day

26.5    Recreation Leave Management

26.6    Personal Carers Leave

26.7    Family and Community Service Leave

26.8    Trade Union Training Leave

26.9    Parental Leave

26.10   Casual Leave Entitlements

26.11   Extended Leave Entitlements

 

Section 9 - Miscellaneous

 

27.      Miscellaneous

27.1     Temporary Relocation

 

28.      Inclement Weather

28.1    Definition

28.2    Continuation of Work

29.      Consultation Clause

30.      Delegates Rights

31.      Area, Incidence and Duration

 

Appendices:

 

Appendix 1 - Rates of Pay

Appendix 2 - Allowances - Wage Related & Expense /CPI

Table 1 - Wage Related Allowances

Table 1 - Field Workers

Appendix 3 - Statement of Responsibility Levels and Promotional Criteria

Appendix 4 - Field Worker Classifications

Appendix 5 - Mechanical and Radio Services - Mechanical Trades Classifications

Appendix 6 - Apprentices - Workshops and Nurseries

(i)        Wage Rates

(ii)       Apprentice training

Appendix 7 - Forest Research and Development - Classifications

Appendix 8 - Grievance and Dispute Resolution Procedures

Appendix 9 - Equity Policy

Appendix 10 - Alcohol and Other Drugs Policy

 

SECTION 1 - FRAMEWORK

 

1.  Title of the Award

 

1.1      This Award shall be known as the Forestry Commission Division t/as Forests NSW Crown Employees Fieldwork and Other Staff Award 2010-12.

 

1.2      The award will have a short title of "Forests NSW Fieldwork and Other Staff Award 2010-2012".

 

2.  Parties

 

The parties to this Award are:

 

2.1      The Forestry Commission of New South Wales trading as Forests NSW which is a Public Trading Enterprise within the NSW Department of Primary Industries;

 

2.2      The Australian Workers Union, NSW Branch (AWU);

 

2.3      Automotive Food Metals Engineering Printing and Kindred Industries Union, NSW Branch more commonly known as Australian Manufacturing Workers Union (AMWU);

 

covering all employees employed by the NSW Department of Primary Industries - Forestry Commission of New South Wales under Schedule 1, Part 3, Special Employment Division of the Public Sector Employment and Management Act 2002.

 

3.  Statement of Intent

 

3.1      Parties have entered into this Award on the understanding that it is directed towards high quality and efficient services to the community and to Forests NSW customers.

 

3.2      The parties acknowledge that the Award seeks to enhance the image and profile of Forests NSW.  These objectives will be achieved through:

 

3.2.1   The creation and maintenance of a high performance, high trust organisation with a genuine partnership between Forests NSW and its employees.

 

3.2.2   The acceptance of change and commitment to continuous improvement and productivity by both the Management of Forests NSW and its employees.

 

3.2.3   The development of an organisation based upon teamwork, flexibility, competence and opportunities for organisational and personal development.

 

3.3      Achievement of these objectives is expected to deliver savings in operating costs and genuine productivity gains and the parties agree that the savings arising out of the achievement of those objectives will be shared with employees and will be reflected in the rates of pay prescribed in Appendix 1 of this Award.

 

3.4      The parties further agree that negotiations will continue during the life of this Award in relation to the implementation plans appropriate to each of the operational areas covered in this Award.

 

3.5      The parties to the Award agree to the review the classification structures listed in the Award at Appendices 3, 4, 5, and 7.  The parties also agree to the establishment of a project team to facilitate and support this review.

 

3.6      The format of this Award has been revised and streamlined in discussions with the parties.  There has been no intention by the parties to the award to delete or alter existing conditions other than those varied by agreement.

 

4.  Scope

 

4.1      This Award shall wholly override all conditions of employment under the Crown Employees Skilled Tradesmen (State) Award, and all previous versions of the Crown Employees Fieldwork and Other Staff Award.

 

5.  Award Entered Into Freely By All Parties

 

5.1      The parties agree that this Award was freely entered into, without duress, and all those parties endorse the contents.

 

6.  Term

 

6.1      This award will operate from the 30 May 2011 and will remain in force until 30 June 2012.

 

6.2      The award provides for increases in Rates of Pay as set out in Appendix 1 and to Wage Related Allowances at Appendix 2 as follows:

 

6.2.1   Four (4) percent per annum from the first full pay period on or after 1 July 2010; and

 

6.2.2   Four (4) percent per annum from the first full pay period on or after 1 July 2011.

 

6.3      The parties to the Award agree to meet to re-negotiate the Award at least three (3) months prior to its expiration.

 

7.  Definitions

 

7.1      "Casual employee" - means an employee engaged and paid on an hourly basis, who receives a casual loading in lieu of all paid leave entitlements, excluding long service leave.

 

7.2      "Employee" - means and includes all persons permanently or temporarily employed by Forests NSW under Schedule 1, Part 3, Special Employment Divisions of the Public Sector Employment and Management Act 2002.

 

7.3      "Forests NSW" - refers to the Forestry Commission of New South Wales, trading as Forests NSW, which is a public trading enterprise within the NSW Department of Primary Industries.

 

7.4      "Home Base" - Home base is defined as a depot or customary place of start and finish.  A mutually acceptable written agreement will be reached, at a local level, between Forests NSW, the relevant Union and affected employees.

 

7.5      "Independent Contractor" - means a person who typically contracts their services through a company to achieve a result whereas an employee contracts to provide his/her labour (typically to enable the employer to achieve a result). Independent contractors can also be identified because they are not eligible for PAYG tax.

 

7.6      "Part-time employee" - means an employee, subject to the provisions of Chapter 2, Part 5 of the New South Wales Industrial Relations Act 1996, who is engaged for less than 38 hours per week, and who receives the same range of entitlements as a full-time employee, including sick leave and annual leave, but on a pro-rata basis in proportion to the hours worked.  Part-time employees do not receive a casual loading.

 

7.7      "Self Managing Work Teams" - shall mean those work groups where the task is set out and the resources available are provided by management together with time and output criteria but where members of the team decide how the task will be performed, given appropriate application of safe working practices and relevant Forests NSW guidelines.

 

8.  Anti-Discrimination

 

8.1      It is the intention of the parties bound by this Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity age and responsibilities as a carer.

 

8.2      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

8.3      Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

8.4      Nothing in this clause is to be taken to affect:

 

8.4.1   any conduct or act which is specifically exempted from anti-discrimination legislation;

 

8.4.2   offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

8.4.4   a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

8.5      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 -

 

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

 

(2)      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".

 

9.  Grievance and Dispute Resolution Procedures

 

9.1      The employee shall notify their immediate supervisor employer as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter with the employer for bilateral discussions and, if possible, state the remedy sought.

 

9.2      The grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority, if required.

 

9.3      Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti Discrimination Act, 1977) that makes it impractical for the staff member to advise their immediate supervisor the notification may occur to the next appropriate level of management.

 

9.4      Reasonable time limits must be allowed for discussion at each level of authority.

 

9.5      A staff member, may, at any stage, request representation by an industrial organisation of employees.

 

9.6      At the conclusion of the discussions, the Forest NSW must provide a response to the employee's grievance if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

9.7      The matter may be referred to the Industrial Relations Commission of NSW if the matter is unresolved following the use of these procedures.  All parties agree to be bound by any order or determination by the Industrial Relations Commission.

 

9.8      While the procedure is being followed, normal work must continue.

 

9.9      Refer to Appendix 8 for further information.

 

10.  No Extra Claims

 

The parties agree that they will not pursue any extra Award or over-Award claims for the duration of this Award.  This does not preclude either party’s right under Section 17 of the Industrial Relations Act 1996 (NSW) to apply to the Industrial Relations Commission of NSW to vary or rescind the Award.

 

11.  Systems and Technology

 

The parties undertake to work together during the life of the award to achieve administrative and operational efficiencies through the use of improved systems and technologies.

 

SECTION 2 - GENERAL EMPLOYMENT AND HOURS OF WORK

 

12.  Conditions of Employment

 

The parties to this Award are committed to implementing changes as prescribed in this Award which will lead to genuine productivity improvements.  The following conditions shall apply to all areas of employment covered by this Award as appropriate:

 

12.1    Weekly Employment

 

Full-time, part-time and term employees shall be engaged by the week.  An employee’s engagement may be terminated by either the employee or the employer providing one week's notice in writing or by payment or forfeiture, as the case maybe, of one week’s wage in lieu of notice.  Provided that in the case of misconduct an employee’s engagement may be terminated without notice.

 

12.2    Probationary Employees (new employees)

 

12.2.1 Forests NSW may initially engage a new full-time or part-time employee for a period of probationary employment of not more than six (6) months for the purpose of determining the employees’ suitability for ongoing employment.  The employee must be advised, in writing, in advance that the employment is probationary and of the duration of the probation, which can be up to, but not exceed, six (6) months.

 

12.2.2 A probationary employee is, for all purposes of the Award, a full-time or part-time employee.

 

12.2.3 Probationary employment forms part of an employee’s period of continuous service for all purposes of the Award, except where otherwise specified in this Award.

 

12.2.4 In circumstances where an employee on probation is absent for any reason during the probation for a period in excess of two weeks aggregated time and such absence affects the employee’s orientation and basic training, the probation may be extended, after consultation with the Union, for a further period of three (3) months.  Forests NSW must give written notice of such extension to the employee and the Union prior to the conclusion of the first probationary period.  Any notice after the end of the first probationary period to extend is of no effect.

 

12.3    Term Employment

 

12.3.1 Term employment means employment under this Award for a specified period of time.  At the end of the specified period of time the employment finishes.

 

12.3.2 A term employee is covered by all the Award conditions available to permanent employees.

 

12.3.3 If, after termination, a term employee is offered further employment either as a permanent or another term, continuity of employment in regard to accrued sick leave and other entitlements will be maintained.

 

12.3.4 Term employees shall be engaged by a letter of offer and abide by the conditions of this Award and by any local agreements that pertain to the Region in which they are employed to which they agree in writing.

 

12.3.5 Term employees will be employed for specific funded projects that will be defined in their offer of employment.  From time-to-time, as the need arises, they may be required to perform duties within their capabilities but not defined in their employment offer.  Should these other duties exceed the duties outlined in the original offer by more than 50%, the relevant Union will be contacted and consulted in regard to a new employment offer to the affected term employee/s.

 

12.3.6 During the period of the employment term employees may apply and will be considered for vacancies in competition with other internal applicants through the expression of interest process.  Term employees will not be excluded from being able to apply for externally advertised Forests NSW positions.

 

12.3.7 Term employment can apply to externally funded positions and project work such as Comprehensive Regional Assessments, FRAMES projects, Nursery planting and lifting operations.

 

12.3.8 Term employment is not intended to replace permanent employment and will only be used for the period specified in the letter of offer.  When a term employee has completed two (2) years of service or prior to the expiration of the term employment (6 months where practicable) Forests NSW, in consultation with the relevant Union (local Union delegate), will review the term employee’s employment history regarding the consistency of their employment with their original offer and any potential opportunities for continuing employment.

 

12.3.9 Should the term extend beyond five (5) years, pro-rata long service leave will also be paid on termination.

 

12.4    Part-Time Employment

 

Employees may work on a part-time basis, subject to the provisions of Part 5 of the Industrial Relations Act 1996 provided that:

 

12.4.1 the ordinary hours of duty are agreed between the employee concerned and Forests NSW and fall within the same span of hours as applies or would apply to a full-time employee undertaking the duties concerned;

 

12.4.2 the ordinary working hours are fixed at not less than 4 hours per day worked; 

 

12.4.3 Forests NSW informs the relevant Union of the hours fixed for part-time employees. The Union shall have seven (7) working days from the date of being advised to object to the agreement through the Grievance Resolution Procedures prescribed by Clause 9 of this Award.  The Union will not unreasonably object to an agreement under this sub-clause.

 

12.4.4 Permanent part-time employees will be paid a weekly rate determined by the following formula:

 

Applicable rate for full-time employee	´	(weekly hours of the part-time employee)
at the same classification level		38

 

12.5    Casual Employment

 

12.5.1 Engagement

 

(1)      Casual employees are engaged by the hour and may be terminated without notice.

 

(2)      A casual employee is paid on an hourly basis, and receives a casual loading in lieu of all paid leave entitlements except long service leave.

 

(3)      Casuals will be employed for periods of no longer than six (6) months.

 

(4)      Casuals will be paid for a minimum of 3 hours for each engagement.

 

(5)      It is recognised by the parties to the award that a casual employee may be rehired on a number of occasions, such as for summer fire season work, in a classification listed in Appendices 3, 4, 5 and 7 attached to this Award.

 

When more than one (1) year’s service at a pay step is recognised and the casual employee is undertaking the range of work expected at that grade and pay step, then in those circumstances the casual employee’s pay point will be progressed to the next pay point within the same grade.

 

This aggregation and accumulation of service will operate for the purpose of progression in the grading structure only and will not affect the existing rules applying to breaks in service for long service leave purposes.

 

12.5.2 Rates of Pay for Casual Employees

 

Casual employees will be paid per hour at the rate of one thirty-eighth of the applicable weekly rate for a full-time employee at the same classification level plus, subject to the provisions of Clause 20 Travel Arrangements:

 

(1)      for ordinary hours of work, a casual loading of 24.6%, in compensation for the disadvantages of casual work and in lieu of all paid leave entitlements (excluding long service leave), including annual leave (where 24.6% is the cumulative percentage obtained by applying a 15% casual loading and then applying an 8.33% loading in lieu of annual leave);

 

(2)      for overtime hours, a casual loading of 15% in compensation for the disadvantages of casual work, with the hourly rate so obtained then being used as the ordinary rate of pay for the calculation of overtime; provided that casual employees will be paid for a minimum of three hours for each engagement.

 

(3)      Ordinary hours of work for casual employees will be 38 hours per week -with a maximum of 10 hours in any one day.

 

12.5.3 Saturday, Sunday and Public Holiday rates

 

(1)      Casual employees required to work on a Saturday as part of their ordinary hours of work will be paid for that day at a rate of time and a half.

 

(2)      Casual employees required to work on a Sunday as part of their ordinary hours of work will be paid for that day at a rate of time and three quarters.

 

(3)      Casual employees required to work on a Public Holiday as part of their ordinary hours of work will be paid for that day at a rate of double time and a half.

 

(4)      Casual employees in Workshops who undertake work on weekends will be paid at normal overtime rates.

 

12.5.4 Uniforms

 

Casual fieldworkers will be provided with Forests NSW uniforms on the following basis:

 

(1)      Less than 20 days service per year - Nil

 

(2)      21 days-3 months service per year - 2 sets

 

(3)      3-6 months service per year - 3 sets

 

12.5.5 Boots

 

(1)      Forests NSW will supply boots to casual employees.

 

(2)      Casuals engaged primarily for fire fighting will be supplied with fire fighting boots only.

 

SECTION 2 - GENERAL EMPLOYMENT AND HOURS OF WORK

 

13.  Hours of Work

 

13.1    Ordinary Hours of Work

 

13.1.1 The ordinary hours of work for all employees, other than casual employees, covered by this Award shall be 38 hours per week.  This may be worked from:

 

(1)      Monday to Friday over 19 days of 8 hours each over a four week cycle; or

 

(2)      By mutual agreement to work any consecutive 5 out of 7 days Monday to Sunday over 19 days of 8 hours each over a four week cycle.

 

13.1.2 The standard span of hours will be between 6.00 am and 6.00 pm on each working day Monday to Sunday, with the exception of shift work provisions.

 

13.1.3 The exceptions to the above are:

 

(1)      Research shall work their ordinary hours Monday to Saturday but for particular project work, on five (5) consecutive days, Monday to Sunday.

 

(2)      Workshop employees shall work their ordinary hours either:

 

(a)      Between 6.00am and 6.00pm, Monday to Friday: or

 

(b)      By mutual agreement between 6.00am to 6.00pm on five (5) consecutive days, Monday to Saturday.

 

(3)      Nursery employees shall work their ordinary hours Monday to Sunday.

 

13.2    Variation of Ordinary Hours of Work

 

13.2.1 The ordinary hours of work within the standard span of hours may be varied by mutual agreement between Forests NSW and the majority of affected employees in a particular group, region, district, section or department, to suit operational needs.

 

13.2.2 Ordinary hours of work may extend up to ten (10) hours on any one day by mutual agreement and may be averaged out so that no employee works more than 38 ordinary hours per week in any four (4) week period.

 

13.3    Ordinary hours on a Saturday/Sunday

 

13.3.1 If required to work on Saturday and/or Sunday, 5 days prior notice must be provided.

 

13.3.2 Payment for work performed on Saturday under this clause will be paid at the rate of time and a half.  Payment for work performed on Sunday under this clause will be paid at the rate of time and three quarters.

 

13.3.3 Fieldworkers who work their ordinary hours on Saturdays and Sundays shall accrue additional days of annual leave at the following rates:

 

(1)      Forestry Fieldworkers

 

Number of Ordinary Saturdays/Sundays	Number of Additional Days Leave
Worked During 1 December to 30 November
or Part Thereof
7-14	1
15-21	2
22-26	3

 

No employee will be required to work more than 26 Saturdays/Sundays in any 12 month period.

 

(2)      Workshop employees

 

Number of Ordinary Saturdays Worked During	Number of Additional Days Leave
1 December to 30 November or Part Thereof
7-14	1
15-21	2
22-28	3
29-35	4
36 or more	5

 

(3)      Research and Nursery employees

 

Employees who are rostered to work their ordinary hours on Sundays and/or Public Holidays during the period 1 December to 30 November, or part thereof, shall be entitled to receive additional leave (to compensate for working a number of shifts on Sundays and Public Holidays) as follows:

 

Number of Ordinary Shifts Worked on Sunday	Number of Additional Days Leave
and/or Public Holidays during 1 December -
30 November or Part Thereof
4-10	1
11-17	2
18-24	3
25-31	4
32 or more	5

 

13.4    Shift Work

 

13.4.1 Employees may be required to work outside the normal span of hours (ie: from 6.00 pm to 6.00 am) to address shift work (eg: fauna work, environmental, and security work).

 

Employees will be remunerated for this shift work by:

 

either -

 

(1)      Payment at appropriate overtime penalty rates as per clause 14.3 and subject to clause 14.5.  Arrangements concerning appropriate skills, numbers of shifts/week and period of rest before recommencement of ordinary hours can be varied by mutual agreement between Forests NSW and the majority of affected employees of a particular group, Region, District, section or department to suit operational needs; or

 

(2)      Being rostered for a minimum weekly shift between Monday and Friday of shift work at the standard hourly rate of time and three quarters.  By mutual agreement the hours of any one shift may be averaged out so that no employee works more than 38 shift hours/week in any four (4) week period. Any hours worked outside these shift arrangements shall be paid at overtime rates as per clause 14.3.

 

13.4.2 Adequate notice for shift work will be given with a minimum period being 7 days in advance.  In the event that shift work is to be cancelled (this does not include changing duties on the shift, eg: emergency fire fighting, rescue and security work etc) then a minimum 48 hours notice will need to be given to avoid payment of overtime penalty rates as per this clause.

 

13.5    Rostered Days Off

 

13.5.1 Entitlement

 

(1)      An employee’s ordinary hours will be worked on no more than 19 days in each 28 day cycle, Monday to Sunday with one day in each 28 day period being regarded as a rostered day off (RDO).  Each day of paid leave taken and any public holidays occurring during any cycle of four weeks shall, for the purposes of this paragraph, be regarded as a day worked.

 

(2)      An employee who has not worked 19 days in a complete 28 day cycle shall receive pro rata accrued entitlements for each day worked (or for each fraction of a day worked), payable for the rostered day off or, in the case of termination of employment, on termination.

 

13.5.2 Scheduling RDOs

 

(1)      An employee’s RDO will be scheduled in advance of the 28 day cycle in which it occurs, taking into account the interests of employees and ensuring that Forests NSW operational needs are met having regard to seasonal, climatic and workload factors.

 

(2)      With a minimum of twelve (12) hours notice to affected employees and without penalty to Forests NSW, an RDO may be rescheduled once in each 28 day cycle to satisfy operational needs.  The agreed substitute RDO is to be provided within the cycle and may only be deferred under circumstances of fire or a similar state of emergency.

 

13.5.3 Accumulating RDO's

 

(1)      Where the majority of affected employees agree, each Region or Business Unit may nominate up to five (5) consecutive cycles of four (4) weeks duration during which RDO's will accumulate (that is, will be "banked"). Employees will then be given an opportunity to take their accumulated RDO's prior to the commencement of any further accumulation cycle.

 

(2)      Employees may take their accumulated RDOs by agreement with the appropriate Manager:

 

(i)       consecutively to a maximum of five (5) days; or

 

(ii)       by working nine-day fortnights; or

 

(iii)      by a combination of these two methods.

 

(iv)      Employees may agree with their manager to defer taking some of their accumulated RDO's, provided that RDO's are not forfeited and provided that no more than five (5) RDO's are accumulated at any one time.

 

(3)      Once scheduled, the only circumstance in which a "banked" RDO will be required to be worked is in fire or similar state of emergency.

 

13.6    Travel to and from Work

 

13.6.1 Agreements

 

(1)      As far as practical for forest field workers, and particularly where work is performed in gangs, Forests NSW will provide transport to and from the job. Where an employee is picked up by such transport on the way to work and dropped off by it after work, that employee’s working day will be deemed to have commenced at a time and place determined through written mutual agreement.

 

(2)      Time taken by vehicles provided by Forests NSW shall be no more than is reasonable given the nature of the vehicle and the condition of the road. Transport provided by Forests NSW shall leave promptly on the cessation of work and an employee shall not be required to travel a further distance than that employee wishes to travel.  The vehicle provided shall have suitable seating accommodation and a cover to protect employees from the weather.  Employees will not be transported in a vehicle that is carrying explosives.

 

(3)      The application of these arrangements is governed by written agreements. The overall objective of these travel arrangements is to optimise time on the work site and reduce time spent at depots and travelling.

 

(4)      The requirements under this clause do not apply to Workshops employees.

 

(5)      Garaging of Vehicles

 

If it is operationally more efficient to garage the Forests NSW vehicle overnight at a particular employee’s place of residence, then such arrangements may be made by agreement.  Such arrangements will cover, but not be confined to -

 

(i)       the time and place of commencement of work;

 

(ii)       nomination of pick-up and set-down points;

 

(iii)      nomination of an employee who will be the designated driver of a vehicle and responsible for its overnight garaging at their place of residence;  and

 

(iv)      changes which may need to be made to the arrangements depending on the location of the work site.

 

(6)      The travel allowance based solely on a kilometre rate presently being paid for travel to work will continue to be paid to the relevant employees (current and new) for the duration of this Award and variations to it.  Provided that where an employee travels alone to and from the job and their home in a Forests NSW vehicle, then that employee’s present allowance will be withdrawn.

 

13.7    Self-Managing Work Teams

 

These teams will be established for activities where greater productivity may be achieved by such a method of working.  It is expected that such self-managing work teams may wish to vary the ordinary hours of work or days of work and this may be done through the method provided at clauses 13.1 and 13.2.

 

13.8    Tea Break and Facilities

 

13.8.1 A tea break during the morning period of not more than twenty minutes duration shall be allowed to each individual employee, at a time to be arranged by Forests NSW, without deduction from their wages.

 

13.8.2 Provided that Forests NSW may grant a tea break of not more than ten minutes duration during both the morning and afternoon periods of the working day, under the same conditions as above.  Where an afternoon tea break is taken Forests NSW may direct that it be taken immediately prior to ceasing time.  The taking of the morning tea break shall not necessarily involve a complete stoppage of work.

 

13.8.3 Forests NSW shall provide employees with an adequate supply of cool and wholesome drinking water.

 

13.8.4 Employees will be issued with a good quality thermos flask and will provide their own tea and coffee.  Lighting fires to burn all day for warmth and cooking is acceptable practice.  This does not prevent the boiling of a billy within the two ten-minute or a single twenty-minute break taken each day.

 

13.9    Meal Breaks

 

13.9.1 Employees, other than shift workers, shall be entitled to a meal break each day of not less than 30 minutes in duration and not more than one hour; provided that the said meal break shall be taken between 11.30am and 1.30pm. Such meal time shall not count as time worked.

 

13.9.2 No employee will be required to work more than 4 hours without a break or work through penalties will apply in accordance with subclause 13.9.3.

 

13.9.3 Employees who have not been afforded a meal break of at least 30 minutes in duration, commencing by 1.00 pm, shall be paid overtime rates for all time worked between 1.00 pm and the time when they do receive a meal break of no less than 30 minutes.

 

14.  Overtime (Excluding Fire Fighting)

 

14.1    Overtime Definition

 

Overtime is that time an employee is directed and authorised to work which is either:

 

14.1.1 In excess of 38 hours per week; and/or

 

14.1.2 Outside the ordinary hours of work, as established for each employee under Clauses 13.1 and 13.2.

 

14.1.3 Overtime will only be payable for time on-duty at the work site.  Travel arrangements are covered under Clause 20.1.

 

14.1.4 Where overtime is to be worked it should be, wherever possible, with the prior approval of management.

 

14.2    Employees to Work Reasonable Overtime

 

All employees undertake to work reasonable overtime as requested, where possible, given reasonable notice.

 

14.3    Overtime Rates

 

14.3.1 Monday - Saturday - Overtime will be paid for at the rate of time and a half for the first two hours and thereafter at double time, to be calculated on the basis of each completed unbroken period of overtime.

 

14.3.2 Sundays - double time will be paid for all work performed on Sundays

 

14.3.3 Public Holidays - double time and a half will be paid for all work performed on public holidays.

 

14.4    Time off in Lieu of Overtime

 

Forests NSW may grant compensation for directed overtime worked by granting leave in lieu of payment.  The following provisions apply to the leave in lieu:-

 

14.4.1 The employee shall advise their supervisor before the overtime is worked or as soon as practicable on completion of overtime that they intend to take leave in lieu of payment.

 

14.4.2 The leave shall be calculated at the same rate as would have applied to the payment of overtime in terms of this clause.

 

14.4.3 The leave must be taken at the convenience of the department, except when leave in lieu is being taken to look after a sick family member.

 

14.4.4 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 in the employee’s department or section.

 

14.4.5 Leave in lieu accrued in respect of overtime worked on other than public holidays shall be given by the Department and taken by the employee within three (3) months of accrual, unless alternate local arrangements have been negotiated between the Department Head and the relevant trade Union(s).

 

14.4.6 At the employee’s election, leave in lieu accrued in respect of overtime worked on a public holiday may be added to the employee’s annual leave credits and may be taken in conjunction with annual leave.

 

14.4.7 An employee shall be paid for the balance of any overtime entitlement not taken as leave in lieu.

 

14.5    Minimum Periods

 

An employee who works overtime:

 

14.5.1 on a Saturday, Sunday or Public Holiday;  or

 

14.5.2 by being recalled after leaving work, prior to their next scheduled period of ordinary time duty,

 

14.5.3 shall be paid for no less than four (4) hours work, at the appropriate rate.

 

14.6    Break From Duty - (Overtime)

 

Following completion of overtime, an employee shall:

 

14.6.1 be released from resuming ordinary duty for an unpaid period of ten (10) consecutive hours.  This number of hours does not include time spent travelling; or

 

14.6.2 if required to resume or continue working without having had an unpaid break of ten (10) consecutive hours, excluding travel, shall be paid at the rate of double time until such a break is given or where, by mutual agreement, the break is reduced to eight (8) hours, except for fire fighting where the ten (10) hour break must be maintained as per clause 23.8; or

 

14.6.3 work in accordance with the rest provisions contained in the shift work clause 13.4.

 

14.6.4 Provided that, if the provision of an unpaid break under this sub-clause results in an employee performing less than 38 hours of duty in a week (paid at either ordinary or any other overtime or loaded rate), then any shortfall shall be paid at ordinary rates.

 

14.6.5 The above ensures a minimum of 38 hours will be paid at ordinary rates to all employees, other than casuals, even when not worked.

 

14.7    Overtime Meal Breaks

 

Employees working overtime will be entitled to a paid meal break of 30 minutes:

 

14.7.1 after working 2 hours overtime following the completion of a full period of ordinary time, and where more than 2 hours overtime is required;

 

14.7.2 after working every four hours of overtime without a meal break;  and;

 

14.7.3 where overtime on a Saturday, Sunday or Public Holiday continues after 12 noon, in which case the break will occur between 12 noon and 1.00 pm.

 

14.8    Meal Allowance for Overtime

 

Employees who are directed to work overtime and who, through insufficient prior notice ie: less than 12 hours), need to buy meals, shall be paid a meal allowance as provided for in Appendix 2, Table 2, Item 14 for any meal break for which they are entitled under subclause 14.7.

 

SECTION 3  SAFETY

 

15.  First-Aid and Health and Safety Issues

 

15.1    Where practicable no less than one of the employees in each gang of 3 or more shall have a recognised qualification in first-aid.

 

15.2    A standard first-aid kit shall be provided and maintained by Forests NSW on all work sites to which this agreement applies.

 

15.3    On all forests works where more than 50 employees are employed and hospital and/or medical services are not readily available, an equipped first-aid station shall be provided at a readily accessible location.

 

15.4    In the event of any serious accident/incident, occurrence or serious illness occurring to any employee whilst at work, in the camp or going to or from the camp, Forests NSW shall provide transport facilities to the nearest hospital or doctor at its expense.

 

15.5    Any employee at classification level 1 to 4 inclusive who is appointed by Forests NSW to perform first-aid duty to any gang of 3 or more shall be paid a first-aid allowance as provided for in Appendix 2, Table 1, Item 11.  If current employees at Levels 4-6 remain qualified and are performing first aid duties they will continue to receive the first-aid allowance.  Any future employees 5.1 and above shall not receive the first-aid allowance.

 

There should only be one first-aid allowance paid per crew.

 

The above first aid allowance is linked to movement in the relevant rate expressed in the Crown Employees (Public Sector Conditions of Employment) Award 2009.

 

15.6    The parties recognise that given the varied and demanding nature of tasks undertaken by employees of Forests NSW, further negotiations will consider health-related issues such as stress management and workplace fitness.

 

15.7    The parties are committed, as part of their objective to ensure the health, safety and welfare of employees, to work in accordance with the Occupational Health and Safety Act 2000.

 

15.8    The parties to this Award will take a constructive role in promoting improvements in occupational health, safety, welfare and rehabilitation, and employees will comply with the Forests NSW safety management system.

 

16.  Uniforms Carrying Forests NSW Logo

 

16.1    Uniforms

 

16.1.1 The wearing of the Forests NSW uniform, when supplied, is compulsory whilst on duty.

 

16.1.2 The range of uniforms will be determined at the corporate level.

 

16.1.3 Workplace Managers, in consultation with the Occupational Health and Safety Committee, will determine what is appropriate for their local workplace from the corporate range only.

 

16.1.4 Employees may choose, with the approval of their Workplace Manager, to include a part issue of the dress uniform in their overall uniform entitlement. Where possible uniforms should be Australian-made.

 

16.1.5 All Field Workers and Workshop employees will be provided with a Forests NSW uniform consisting of six (6) shirts and a combination of trousers and shorts totalling six (6), a combination of up to a total of three (3) appropriate winter coats, windcheaters or jumpers where appropriate for the climate, five (5) pairs of woollen or equivalent quality socks and appropriate boots.

 

16.1.6 Workshop employees will get an initial issue of (three) 3 pairs of overalls.

 

16.1.7 Uniforms will be replaced in a timely manner on a fair wear and tear ‘as needs’ basis.

 

16.2    Boots

 

16.2.1 At the election of the employee, the cost or replacement of boots will be made via one of the following options:

 

(1)      Replacement boots will be provided on a fair, wear and tear basis from an approved list; or

 

(2)      An allowance as provided for in Appendix 2, Table 3, Item 18 will be paid via payroll (subject to tax) on 1 April each year; or

 

(3)      annual reimbursement, on production of a receipt, to a maximum amount as provided for in Appendix 2, Table 3, Item 18, which will be reimbursed within two (2) pay periods on production of a receipt.

 

16.2.2 Fire fighting boots will be supplied separately and replaced on an "as needs" basis.

 

16.2.3 The boot allowance is to be paid within two (2) pay periods.

 

16.2.4 Employees are responsible for attending work at all times in boots that meet Forests NSW specifications.

 

16.2.5 Fire fighting boots will be supplied separately to all employees approved to carry out fire fighting duties.

 

17.  Tools and Protective Clothing

 

17.1    All tools required by employees shall be provided free-of-charge by Forests NSW, other than in Workshops where a tool allowance is paid.

 

17.2    Approved safety hats shall be provided by Forests NSW and worn as a condition of employment, unless the use of safety hats is specifically exempted by order of the relevant manager.

 

17.3    Where necessary, Forests NSW shall provide all necessary personal protective equipment (eg: masks, goggles, gloves and protective glasses and clothing).

 

17.4    An employee whose clothing is spoiled by acids or sulphur or other deleterious substances, due to the circumstances of his/her employment, shall be recompensed by his/her employer to the extent of his/her loss.

 

17.5    All employees engaged on fire fighting shall be issued initially with two pairs of combination overalls.  Such protective clothing must be worn whilst fire fighting. Replacement of overalls will be on a ‘needs’ basis and employees will be responsible for the laundering of their own overalls.

 

18.  Use of Casuals and Contractors

 

18.1    All employees covered by this Award will, subject to appropriate consultation with the relevant local Union delegate or organiser, agree to work alongside casual employees or contractors engaged to meet short-term demands to maintain efficiencies and to meet specified increased output requirements and productivity levels.

 

18.2    Where the work conducted requires specialist skills, tools, plant or equipment, Forests NSW will consider the provision of training and/or hiring of such plant etc to enable its employees to carry out the work.

 

18.3    Where it is impractical for work to be carried out by employees because specialist skills and/or equipment are unavailable or the timeframe is unacceptable, contractors may be hired to perform the work.

 

18.4    Where work is presently carried out by Forests NSW employees, the parties agree that in order that the issues of contracting out can be fully considered, consultation will take place between Forests NSW and the relevant local Union delegate or organiser prior to initiating any change in the status quo.

 

18.5    For fire fighting and hazard reduction burning, priority will be given to the use of available trained and qualified Forests NSW employees.

 

19.  Contractor’s  Protocol

 

19.1    Where a contractor or sub-contractor is required to carry out work, Forests NSW will:

 

19.1.1 Ensure that all tenders are properly scrutinised to ensure that prospective tenderers would, if successful, pay the appropriate Award rate, provide conditions that comply with the Award and other statutory provisions, and

 

19.1.2 Meet Forests NSW specific standards that include safe working practices and compliance with the Occupational Health and Safety Act 2000.

 

19.1.3 On becoming aware that a contractor or sub-contractor is in breach of the terms of the contract in relation to wages and conditions, Forests NSW will require the contractor to rectify the situation immediately.

 

19.2    Should the breaches continue, Forests NSW could implement the penalties under the terms of  the contract, which could include terminating the contract if deemed appropriate and necessary.

 

SECTION 4 - TRAVEL ARRANGEMENTS

 

20.  Travel Arrangements

 

20.1    Travelling when away from home base:

 

20.1.1 Time spent travelling (ie: not driving) on official business during ordinary hours of work is regarded as normal duty and is compensated within an employee’s minimum rate of pay as prescribed by Clause 21.  Time spent travelling on official business outside ordinary hours of work will attract additional payment calculated at the employee’s ordinary rate of pay, except travel to another region for the purposes of fire fighting where an employee will be entitled to paid overtime for all hours outside ordinary hours.

 

20.1.2 Where an employee is required to travel in a Forests NSW vehicle outside of normal working hours when away from home base, they shall be paid at the applicable overtime rate for all time outside their ordinary hours, minus the time they would ordinarily travel in their own time to and from home base. Travel will be at the discretion of management and ordinary hours may be adjusted to be compatible with the purpose of travel (for example, to accommodate training courses or meeting requirements).

 

20.2    Accommodation Expenses

 

20.2.1 Overnight Accommodation (When Away From Home On Work Related Business)

 

(1)      Accommodation is to be consistent with the Public Sector requirement that reasonable accommodation at a reasonable cost will be provided.

 

(2)      As a guide, accommodation will be, wherever practicable, one person to a room with en-suite bathroom facilities.  Facilities are expected to be clean and in good order.  The standard will be equivalent to a minimum of the NRMA 3 star definition.

 

(3)      The exception to this guide is for emergency circumstances such as fire fighting.  Management must make all possible endeavours to achieve the guideline however, it must be understood that such accommodation at short notice will often be impossible.

 

(4)      Similarly, in some major fire occurrences, all employees must realise that accommodation will be organised by other agencies and may not be to our normal standard.

 

20.2.2 Reimbursement of Meal Expenses - No Overnight Stay

 

(1)      Expenses incurred by employees when they are required to travel on official business outside their normal working hours without having to remain away from home base overnight and where meals are not provided by Forests NSW, will be reimbursed to the level specified in Appendix 2, Table 2, Item 15.  This entitlement to reimbursement is in lieu of any expenses that may otherwise apply under clause 14.8.  Receipts will not be required to substantiate meal expenditures claimed up to the levels set below.

 

20.3    Reimbursement for Accommodation and Meals - Overnight Stay

 

20.3.1 When an employee is required to work away from home base involving an overnight stay, Forests NSW will either:

 

(1)      make an arrangement with a provider to meet the actual cost of bed and breakfast and a telephone call home by placing an order on the provider; or

 

(2)      provide the employee with a cash advance as provided for in Appendix 2, Table 2, Item 16 to meet the expected cost of accommodation.

 

20.3.2 A cash advance will be made to an employee to cover incidentals and meals, except where Forests NSW arranges payment for meals directly with the provider.

 

20.3.3 Receipts will not be required to substantiate meal expenditures claimed up to the levels set in clause 20.3.2.above.  Expenses incurred over and above these amounts will only be reimbursed where:

 

(1)      Receipts substantiating all the meal and incidental expenses for the period away from home base are provided.

 

(2)      The total meal and incidental expenses for the time away from home base exceed the total amount to which the employee is entitled under clause 20.3.2. above; and

 

(3)      If the expenses incurred are considered by Forests NSW as being reasonable in the circumstances concerned.

 

20.3.4 Costs incurred other than accommodation, meal or incidental expenses (for example, bus or rail fares), will be reimbursed upon production of receipts. However, where practicable, either an appropriate advance or a cab charge facility will be provided.

 

20.3.5 Any extraordinary additional costs incurred at home base and caused directly by the employee being required to travel away from home and remain away overnight will be reimbursed upon production of receipts. Such additional costs might include, for example, emergency childcare.

 

20.4    Camping Expenses

 

20.4.1 Employees required to camp out shall be reimbursed for expenses associated with food, other incidental items and the general hardships of camping as provided for in Appendix 2, Table 2, Item 17.

 

20.4.2 Please note the above allowances are paid as a daily allowance per each overnight stay.

 

20.4.3 The incidental allowance as per Clause 20.3.2. is paid for overnight camping stays as compensation for incidentals incurred (per night away).

 

20.5    These rates will move in accordance with the rates in the Crown Employees (Public Service Conditions of Employment) Award 2009.

 

SECTION 5 - PAYMENT OF WAGES

 

21.  Payment of Wages

 

21.1    Salary rates

 

Refer to Appendix 1, Rates of Pay.

 

21.2    Pay Period

 

21.2.1 The pay period for ordinary pay shall be the current fortnight.  Adjustments for overtime penalties and allowances will be paid a fortnight in arrears.  Refer to Appendix 1, Rates of Pay.

 

The flexibility provided in this clause allows management to cover most situations to ensure Field Workers are paid on the Thursday following the end of the period on Sunday.

 

21.2.3 This flexibility allows management the option of delaying payment by a fortnight of all overtime earned over the last weekend of the pay period, particularly in the instance of ongoing fire fighting activities.

 

21.3    Payment Method

 

Wages shall be paid into a bank or other account, except in hardship or other exceptional circumstances where payment will be made by cheque subject to cashing facilities being available within twenty-four hours of the employee’s normal pay day, provided further that where the employee’s normal pay day is a Thursday, cashing facilities shall be available by 5.00 p.m. on that day.

 

21.4    Pay Advice

 

By Friday (close of business) of pay week, each employee shall be issued with pay advice showing at least the gross amount of wage and the details of any deductions made from the employee’s earnings, in accordance with Section 123 of the Industrial Relations Act 1996.

 

21.5    Payment on Termination

 

When an employee is terminated by Forests NSW, the employee shall be paid all of the wages due at the time of the employee’s termination.  In the case of resignation, the remainder of any wage due to the employee shall be paid at or before the expiry of notice of resignation.  In the case of any delay beyond the time herein stated, the employee shall be paid at the given wage rate for all working time that the employee is kept waiting.

 

21.6    Performance Pay or Payment by Results

 

Subject to an employee receiving at least the minimum wage rate to which the employee is entitled under this Award, Forests NSW may remunerate employees under any system of payment by results based on rates which are agreed between Forests NSW, the affected employee(s) and the Union.  The terms of such agreements will be subject to consultation with the Union.

 

21.7    Salary Packaging

 

21.7.1 Salary packaging gives employees the discretion to determine the mix of salary and benefits that will constitute their remuneration package.

 

21.7.2 It is recommended that employees wishing to commence salary packaging must obtain independent financial counselling to ensure that their salary package suits their personal and financial requirements.

 

21.7.3 Participation in salary packaging is voluntary. The following benefits are available:

 

(1)      Additional contributions to First State Super;

 

(2)      Additional contributions to a private superannuation fund;

 

(3)      Motor Vehicles (for 100% private use) by way of novated lease; and

 

(4)      Laptop or Notebook computer (business use per ATO rulings)

 

21.7.4 A detailed description is provided in the salary packaging guide on the intranet site or can be obtained from your local office or by contacting Human Resources.

 

21.8    Deduction of Union Membership fees

 

21.8.1 The Union shall provide Forests NSW with a schedule setting out Union fortnightly membership fees payable to members of the Union in accordance with the Union’s rules.

 

21.8.2 The Union shall advise Forests NSW of any change to the amount of fortnightly membership fees made under its rules.  Any variation to the schedule of fortnightly membership fees payable shall be provided to Forests NSW at least one month in advance of the variation taking effect.

 

21.8.3 Subject to 21.8.1 and 21.8.2 above, Forests NSW shall deduct Union fortnightly membership fees from the pay of any employee who is a member of the Union in accordance with the Union’s rules, provided that the employee has authorised Forests NSW to make such deductions.

 

21.8.4 Monies so deducted from employee’s pay shall be forwarded regularly to the Union together with all necessary information to enable the Union to reconcile and credit subscriptions to employees’ Union membership accounts.

 

21.8.5 Unless other arrangements are agreed to by Forests NSW and the Union, all Union membership fees shall be deducted on a fortnightly basis.

 

21.8.6 Where an employee has already authorised the deduction of Union membership fees for their pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

SECTION 6 - CLASSIFICATION STRUCTURE

 

22.  Classification Structure

 

22.1    Classification of Employees

 

22.1.1 The classification of an employee will be determined by the level of responsibility and skill that the employee is required to exercise.  The responsibilities and skills required to be exercised at each level in the classification structure are defined in Appendices 3, 4, 5, 6 and 7 along with relevant promotion criteria for advancement between levels.

 

22.1.2 A casual employee may access advancement to the next pay point within the same grade subject to the provisions at clause 12.5.1(5).

 

22.2    Purpose of Classification Structure

 

22.2.1 All employees agree to the concept of multi-skilling at all levels and recognise that broader job requirements will continue to lead to ongoing elimination of the boundaries between jobs now classified at the same level.

 

The classification structure is designed to:

 

(1)      recognise competencies achieved and used;

 

(2)      group all employees covered by this Award into one of six (excluding  apprenticeship) levels;

 

(3)      allow for career progression through the incremental acquisition and use of skills;

 

(4)      clarify steps in the career progression beyond which a particular established position is filled through a selection process;

 

(5)      allow skill deficits to be readily recognised and training programs developed to bridge "gaps";  and

 

(6)      facilitate the development of Self-Managing Work Teams.

 

22.3    Classification Disputes

 

22.3.1 Employees may seek resolution to disputes regarding classifications by referring matters to the Industrial Relations Manager - Human Resources Division.

 

22.3.2 A Classification Disputes panel/job evaluation panel, functioning as an impartial third party forum, may then be convened to examine any anomalies.  The panel’s role would be to review classifications/gradings based on an agreed position description and make a recommendation on appropriate grading based on formal job analysis and evaluation procedures. Such job analysis/evaluation will be consistent with Department of Primary Industries/Forests NSW job evaluation procedures.

 

Panel composition will be as follows:

 

(1)      a Human Resources representative

 

(2)      two Field Worker representatives (AWU / AMWU)

 

(3)      two local Forests NSW (employer) representatives

 

(4)      Panel composition may be reviewed after 12 months of the award being in effect.

 

(5)      If you wish to refer a classification issue please contact Human Resources.

 

22.4    Higher Duties

 

22.4.1 An employee who, for a temporary period, is required to fully exercise the skills and responsibilities of another position occupying a higher classification level than their ordinary level, will be entitled to receive the appropriate rate applicable to that higher level in the following circumstances:

 

(1)      employees required to perform higher duties in a position classified at or below Level 4, for a full day or part thereof, will be paid at that higher level for the whole day;

 

(2)      employees classified at Level 4 or below, who are required to perform higher duties in a position classified at Level 5 or above, involving supervision, for a continuous period of no less than a full working day, will be paid at entry Level 5.1 for the whole day;

 

(3)      employees classified at Level 5 or above who are regularly and routinely required to perform higher duties, for a cumulative period of at least five full working days over any four (4) week period, will be paid at the appropriate level for those days on which higher duties is performed pursuant to Appendices 3 and 4 of this Award.

 

The appropriate rate will be determined based on the aggregate of the previous experience of the employee in the role.

 

22.4.2 Notwithstanding the above, Forests NSW may, at its discretion:

 

(1)      pay higher duties to employees who are required to perform non-routine functions at a higher level and who are not otherwise entitled to receive a higher duties payment;

 

(2)      pay a partial duties payment to employees who are required to exercise a substantial proportion, but not fully perform, the skills and responsibilities of another position occupying a higher classification level.  Such payment to be commensurate with the proportion of skills and responsibilities exercised at the higher level.

 

22.4.3 An employee proceeding on annual leave or sick leave may continue to receive a higher duties allowance provided that the employee has been regularly and consistently in receipt of the allowance immediately prior to commencing leave and would have been reasonably expected to continue on higher duties but for their absence on leave.

 

22.4.4 If higher duties are performed for an extended period (6 months +) then consultation will take place with the appropriate local Union delegate/official.

 

NB - Where an employee acts in a position each separate period will be counted toward progression through the increments of the grade.

 

However, aggregation does not apply over any break exceeding six months and any period of leave during which the allowance was not paid is not counted in the aggregation.

 

SECTION 7 - FIRE FIGHTING

 

23.  Fire Fighting Duty (Applicable Only to Field Employees Engaged in Fire Fighting Duty)

 

23.1    Definition

 

23.1.1 For the purposes of this clause, fire-fighting duty includes:

 

(1)      Travel to and from the fire, surveillance of a running fire, fire suppression and mop-up (including logistical support, eg: meal delivery, fuel delivery etc), either within or outside normal working hours.

 

(2)      At the completion of mop-up and where subsequent patrol of the fire is undertaken, this will not  be considered as fire fighting.  If, during the course of this patrol, further active mop-up work is required;  eg: use of water or chainsaw work, then this would be paid as fire fighting, provided that a minimum of one (1) hour’s work of this nature has been undertaken.

 

23.1.2 Fire stand-by duty, fire detection (both fire tower operation and mobile fire patrol) outside normal working hours.

 

23.1.3 For the purposes of this clause fire fighting does not include:

 

(1)      hazard reduction burning

 

(2)      travel to and from other Regions to undertake fire fighting

 

(3)      fire detection, both fire tower operation and mobile fire patrol during normal working hours.

 

23.1.4 Note: Hazard Reduction (HR) includes both post harvest and broad area burning. In instances where HR burns have minor breakaways and are contained by the crews initially deployed for the hazard reduction operation, this will not be considered to be fire fighting.  Where it is necessary to report the breakaway to the office requesting additional resources, this will be considered as fire fighting until the breakaway is contained.

 

23.2    Fire Fighting Health and Fitness Agreement

 

23.2.1 In compliance with Forests NSW duty of care, major initiatives have been implemented to improve the fitness standards of Forests NSW employees who are required to undertake fire fighting duties.  These initiatives resulted in the Fire Fighting Health and Fitness Agreement (FFHF).

 

23.2.2 All parties to this award are committed to the principles of fire fighting fitness and are fully committed to implementing the fire fighting health and fitness guidelines as expressed in the FFHF Agreement.  The FFHF agreement is to be read in conjunction with this Award. Participation in the Fire Fighting Health and Fitness program is by consent. It is a process established to ensure all available resources for fire fighting are used in roles that suit their medical condition and level of fitness. It has no bearing on employee’s normal duties.

 

23.2.3 An incentive allowance as provided for in Appendix 2, Table 3, Item 20 will be paid to each permanent fire fighter on passing the Task Based Assessment each fire season. The allowance is an incentive for employees to actively improve their fitness levels to pass both medical and physical tests on an annual basis.

 

23.2.4 Refer to the FFHF Agreement and Guidelines on Forests NSW intranet site for further details.

 

23.2.5 For those Fieldworkers conducting Task Based Assessments, and who hold a certificate in the FFHF task based assessment, will be entitled to an allowance as provided for in Appendix 2, Table 3, Item 21. This allowance will move in line with the Accredited Assessor Allowance.

 

23.3    Roster Allowance

 

23.3.1 Permanent and temporary employees on an on-call roster for on-call, stand-by and fire fighting will be paid a roster allowance as provided for in Appendix 2, Table 1, Item 8. For each week the employee is rostered to be on-call, this allowance per week will be paid.

 

23.3.2 If called out, the minimum payment for recall is 4 hours at the appropriate penalty rate.

 

23.4    Fire Stand-by Duty Outside Normal Working Hours

 

23.4.1 Employees may be required to undertake fire stand-by when the fire season situation requires a high state of readiness.

 

23.4.2 Fire Stand-by Duty will be implemented to enhance Forests NSW state of preparedness and will include fire fighting, as required, the strategic location of Field Workers for fire lookout and to facilitate quick access to fire and work to be performed in accordance with clause 23.4 .3 below:

 

23.4.3 Work performed during fire stand-by duty should be designed so as not to be strenuous, ensuring crews are fresh and ready for fire attack; i.e: except in an emergency situation work shall be generally of a minor nature.  Any stand-by duties should enhance the state of fire preparedness.  Work should be located at strategic points to facilitate quick access to fire.

 

23.4.4 Radio, telephone or mobile phone contact must be maintained at all times by work being within hearing distance of either of these communication devices.

 

23.4.5 Fire stand-by duties can be varied to suit the fire situation and related Occupational Health and Safety needs.

 

23.4.6 If not so advised within 12 hours of the nominated start time that duty is not required, payment will be two (2) hours at the fire fighting rate (Clause 23.7).

 

23.5    On Call Duties

 

23.5.1 Employees may be required to be on-call and available for fire fighting duties generally during periods of a low state of fire preparedness. 'On-call' provisions are not intended to be, nor should they be seen as, a substitute for fire stand-by duty.

 

23.5.2 It is expected that "on-call" will only apply intermittently and for very short periods (eg: right at the beginning or right at the end of a fire season) and nominated persons will be paid an allowance as provided for in Appendix 2, Table 1, Item 8 when rostered to be "on-call". 

 

23.5.3 If called out, the minimum payment for recall is 4 hours at the applicable penalty rate.

 

23.5.4 For employees on call a vehicle will be provided with limited private use so there is personal flexibility.  Forests NSW will also provide radio/mobile phone/pager as required to ensure the Field Worker 'on-call' can respond and go to work immediately.

 

23.6    Immediate "On-Call": an hourly on call system

 

"On Call" is a system whereby an employee is on a roster to be recalled to work (eg bushfire).  It means staying at home or within a reasonable response time, but being available and fit to attend work if necessary.

 

"Intermediate On Call" where there is a need for additional resources, particularly in times of High to Extreme weather conditions employees may be required to be on "Immediate on call" for a specified period of time by agreement. While on immediate on call employees will be paid 1/3 of their ordinary hourly rate.

 

23.6.1 If called out, the minimum payment for recall will be 4 hours pay at the applicable penalty rate.

 

23.6.2 For employees on call a vehicle will be provided with limited private use so there is personal flexibility. Forests NSW will also provide radio/mobile phone/pager as required to ensure the Field Worker ‘on call’ can respond and go to work immediately.

 

23.7    Minimum Periods - per Overtime Provisions

 

23.7.1 Minimum periods and Meal Breaks (Cribs) will be in accordance with overtime provisions.

 

23.8    Fire Fighting Loading

 

23.8.1 Fire fighting will be compensated by a loading in lieu of the overtime rates and conditions specified in Clause 14 and the benefits associated with ordinary time on duty on Saturdays, Sundays and Public Holidays specified in sub-clause 26.3.

 

23.8.2 The rates for the loading are:

 

Time of Fire Fighting Duty	Loading
During normal working hours Monday to Friday	Time and a quarter
Outside normal working hours, Monday to Friday	Time and three quarters
On Saturdays	First two hours at time and half
	Double time thereafter
On Sundays	Double time
On Public Holidays	Double time and half

 

23.8.3 In applying the above, no employee should revert to a lower loading during a current shift whilst fire fighting.

 

23.8.4 In calculating this loading for casual employees, the time and a quarter loading will be calculated after inclusion of the 24.6% casual loading; whereas all other loadings will be calculated after the inclusion of the 15% casual loading only.

 

23.9    Break from Duty per Overtime provisions 

 

23.9.1 Following completion of duty, an employee shall either:

 

(1)      Be released from resuming ordinary duty for a period of ten (10) consecutive hours; ie: once at home or at alternate accommodation (eg: hotel, motel or camp). This number of hours does not include time spent travelling;  or

 

(2)      If required to resume or continue working without having had a break of ten (10) consecutive hours, excluding travel, shall be paid at the rate of double time until such a break is given.

 

(i)       Where fire fighting for one night results in part or all of the 10 hour break occurring in the next day’s ordinary hours of work there will be no loss of pay for those ordinary hours.

 

(ii)       Fire Fighting for one night will result in payment at ordinary time for any of the 10 hour break which continues into the next day’s ordinary hours of work as per Clause 13.1.

 

(iii)      Fire fighting beyond one continuous night (ie: goes into the second and subsequent nights) will be deemed to be a shift situation.  In this instance, any ten (10) hour break occurring during ordinary hours of work will not be a paid break, provided that when reverting to normal duties (within a normal working week) that each employee will be entitled to a minimum of ten (10) consecutive hours break without any loss of pay for ordinary hours of work occurring during that break.

 

(3)      The above ensures a minimum of 38 hours will be paid at ordinary rates to all employees, other than casuals, even when not worked.

 

23.10   Travel To and From Fires

 

Fire fighting commences from the time the employee leaves home or alternate accommodation, and finishes when the employee returns home or returns to the alternate accommodation (door to door).

 

Note, however, stand-by, patrol and fire tower duty during normal hours is not considered fire fighting and by mutual agreement the break from duty may be reduced to 8 hours. Furthermore the travel to and from work provisions for these duties will be in accordance with the signed workplace agreements.

 

23.11   General Fire Fighting Requirements

 

23.11.1          For fire fighting and hazard reduction burning in Forests NSW, priority will be given to the use of available Forests NSW employees.

 

23.11.2          All employees engaged on fire fighting shall be issued initially with two pairs of fire fighting overalls and one pair of approved fire fighting boots.  Such protective clothing and boots must be worn whilst fire fighting.  Replacement of fire fighting overalls and boots will be on a ‘needs’ basis and employees will be responsible for the laundering of their own clothing.

 

23.12   Meals

 

23.12.1          Forests NSW is committed to providing drinks and nutritious, hot meals of a high standard wherever possible.  Emergency conditions and locations of fires do not always make this possible in which case Forests NSW would provide a satisfactory alternative (eg: combination of sandwiches, hot drinks, cold food, cold drinks, fruit and snack packs).

 

23.12.2          Forests NSW will endeavour to provide meals for the initial (24 hours) attack in fire fighting situations.

 

23.12.3          Forests NSW will provide adequate notice to employees as to whether drinks and food will, or will not be provided by Forests NSW.  For the purposes of this sub-clause, sufficient notice of at least 10 hours will be given prior to the commencement of overtime or such lesser period as is reasonable in the circumstances.

 

23.12.4          Employees, who are directed to work second and subsequent shifts, and have been given reasonable notice to do so, should ensure they provide for themselves adequate food provisions for meal breaks each four (4) hours, for up to a 14-hour shift.

 

23.12.5          In the unlikely circumstance where employees, either through insufficient notice to provide their own meals or where no meal has been provided, need to purchase meals, these employees shall be paid meal allowance as per Overtime provisions.

 

23.13   Accredited Assessors Allowance - Task Based Assessments (FFHF)

 

23.13.1          Field Workers conducting task based assessments associated with the Fire Fighting Health and Fitness Program, who hold a certificate in task based assessment, will be paid an allowance as provided for in Appendix 2, Table 3, Item 21 for time spent in preparation, delivery, assessment and reporting of Task Based Assessments.

 

23.14   Reimburse expenses if recalled for fire fighting when on holidays

 

23.14.1          Forests NSW will reimburse verifiable expenses incurred by an employee and their immediate family if the employee is recalled to duty from leave for fire fighting duties. This may include the cancellation fees for accommodation or travel bookings or the additional costs of travel involved in recalled employee returning separately from his or her family.

 

23.14.2          Expenses will be reimbursed within one month from the date the employee submits their claim. Claims must be supported by evidence of the additional costs incurred.

 

23.14.3          This provision may be waived by agreement.

 

24.  Fire Ground Work - Workshops Employees

 

24.1    Introduction

 

24.1.1 In recognition that Workshop employees may occasionally be required to undertake field-based repairs and service in active fire conditions, the following fire ground loadings will apply. The Workshops Fire Ground Loadings will only be payable in instances where workshops employees are required to undertake emergency repairs and servicing on vehicles and plant that cannot be removed from the immediate, active fire ground (that is, up to and including mop-up stage).  They are not applicable to work undertaken in staging areas, workshops or elsewhere, other than the immediate, active fire ground and travel to and from the active fire ground. Payment is in recognition of the unique adverse conditions encountered in emergency repair and servicing of vehicles and plant in the immediate, active fire ground. Priority will be given to the use of available permanent Forests NSW employees in undertaking this work.

 

24.1.2 The loadings will also have application where workshops employees are directed to provide other on site support to active fire ground operations (up to and including mop-up stage).  Work undertaken on site during back burning operations are also included in this clause.

 

24.1.3 Work directed to be undertaken by Workshops employees on an active fire ground (that is, up to and including mop-up stage) will be compensated by a loading in lieu of the overtime rates and conditions specified in Clause 14 and the benefits associated with ordinary time on duty on Saturdays, Sundays and Public Holidays specified in subclause 26.3.

 

24.2    Fire Fighting Loading

 

24.2.1 The rates for the loading are:

 

Time of Fire Ground Work	Loading
During normal working hours Monday to Friday	Time and a quarter
Outside normal working hours, Monday to Friday	Time and three quarters
On Saturdays	First two hours at time and half
	Double time thereafter
On Sundays	Double time
On Public Holidays	Double time and half

 

24.2.2 In applying the above, no employee should revert to a lower loading during a current shift whilst working on an active fire ground.

 

24.2.3 In calculating this loading for casual employees, the time and a quarter loading will be calculated after inclusion of the 24.6% casual loading; whereas all other loadings will be calculated after the inclusion of the 15% casual loading only.

 

24.2.4 Refer to Clause 25 for On-call Arrangements for Workshops. Where on -call is activated the Fire Ground loading commences from the time the employee leaves home or alternate accommodation, and finishes when the employee returns home or returns to the alternate accommodation (door to door).

 

24.3    Normal Working Hours

 

24.3.1 For the purposes of Clause 24 normal working hours are the ordinary working hours within the span of hours specified for an employee under Clause 13.1.

 

24.3.2 Meal Breaks and Break from duty in accordance with general overtime provisions.  Fire ground meals and the Fire Fighting Health and Fitness Agreement will be in accordance with Field Employees provisions.

 

24.4    Reimburse expenses if recalled for fire fighting when on holidays

 

24.4.1 Forests NSW will reimburse verifiable expenses incurred by an employee and their immediate family if the employee is recalled to duty from leave for fire fighting duties. This may include the cancellation fees for accommodation or travel bookings or the additional costs of travel involved in recalled employee returning separately from his or her family.

 

24.4.2 Expenses will be reimbursed within one month from the date the employee submits their claim. Claims must be supported by evidence of the additional costs incurred.

 

24.4.3 This provision may be waived by agreement.

 

25.  On-Call' Arrangements and Allowances - Workshops Only

 

25.1    On-Call Duty

 

25.1.1 Workshops staff will be placed on an on-call roster at each appropriate location.  In the week they are rostered to be on-call, an allowance as provided for in Appendix 2, Table 1, Item 8 will be paid.  If called out, the minimum payment for recall is 4 hours at the appropriate penalty rate.

 

25.2    Expectations Whilst On-Call

 

25.2.1 There is an expectation that Workshops employees will participate in an on-call roster to meet fire season and operational requirements. Fire Ground and operational rosters will include a minimum of three (3) employees to ensure reasonable apportionment of on-call. If there are less than three (3) employees on a roster, such arrangements will be by agreement. Where three (3) or more employees are available to be placed on a roster they will not unreasonably refuse to be placed on a roster (refer to Clause 24 Fire Ground Work - Workshops Employees).

 

25.3    Notice Period

 

25.3.1 Employees will be given reasonable notice of the requirement to be on-call. Roster arrangements will be established two (2) weeks prior to a roster commencing (unless prior arrangements are made). Forests NSW management will make allowances for any special circumstances known in advance (eg: family matters, illness etc.).

 

25.4    Resources while on-call

 

25.4.1 For employees on-call a vehicle will be provided with limited private use so there is personal flexibility.  Forests NSW will also provide radio/mobile phone/pager as required to ensure that employees ‘'on-call'  can respond and go to work immediately.

 

25.5    AC Licence fees and other licence/ certificates

 

25.5.1 Forests NSW requires all workshop employees to hold AC licences and Forests NSW will pay for the cost, including renewals.

 

25.5.2 Forests NSW will pay workshop employees the costs of mandatory NSW WorkCover Authority Licences and Certificates of Competency held by workshop employees that are required by the employer.

 

25.5.3 Forests NSW will pay the costs of licences and certificates as provided for in subclauses 25.5.1 and 25.5.2 on behalf of the employee, subject to the provision of satisfactory evidence that the cost will be incurred, such as licence renewal notice.

 

25.6    Tool Coverage (Workshops only)

 

25.6.1 Employee’s tools, required for Forests NSW duties, stored on Forests NSW premises or secured in Forests NSW vehicles will be covered, in the event of theft, fire or flood by Forests NSW on the proviso that the employee provides a list of their tools to the Workshops Co-ordinator.

 

25.6.2 Employees are responsible for keeping their tool list current and exercising due care in the protection of their tools.

 

25.6.3 Claims must be made in accordance with the requirements of Forests NSW guidelines. Forests NSW reserves the right to investigate any claims and may decline a claim where due care has not been taken.

 

25.6.4 It should be noted that this does not include general wear and tear or mislaid tools which are covered by the tool allowance.

 

SECTION 8 - LEAVE

 

26.1    General Provisions - Ministerial Leave Conditions (MLC)

 

26.1.1 Refer to Regional Office or HR or Forests NSW’s Intranet for a copy of MLC.

 

26.1.2 Where the conditions of the Award are superior to those existing in the MLC, then the conditions of the Award shall prevail.

 

26.1.3 Forests NSW shall be bound by the provisions of the MLC for its employees, subject to the amendments and additions specified in this clause.

 

26.1.4 All leave will be calculated and taken in a minimum of one hour units.

 

26.2    Sick Leave

 

26.2.1 Sick leave will accrue on a calendar year basis, with the full annual entitlement of 15 days paid leave being available from 1 January each year for employees employed as of that date.

 

26.2.2 New employees who commence after 1 January will receive a pro-rata credit for that proportion of the calendar year remaining. Sick leave taken during the first three months of employment will only be paid upon the completion of three months service and following one month’s continuous service without the taking of any sick leave, up to a maximum entitlement of 15 days paid sick leave per annum.

 

26.2.3 Unused sick leave entitlements will accrue, in accordance with MLC.

 

26.3    Public Holidays

 

26.3.1 Payment (to the extent which would ordinarily have been paid had the day been a working day) shall be made for the following days:

 

New Years Day

 

Australia Day

 

Good Friday

 

Easter Saturday

 

Easter Sunday

 

Easter Monday

 

Anzac Day

 

Queen’s Birthday

 

Christmas Day

 

Boxing Day

 

Labour Day

 

whenever celebrated, and all other gazetted holidays proclaimed to operate throughout the State of NSW.

 

26.4    Union Picnic Day

 

26.4.1 The first Monday in August of each year shall be the Union Picnic Day.

 

26.4.2 All Union members shall, as far as practicable, be given and shall take this day as Picnic Day and shall be paid to the extent to which they would ordinarily have been paid had the day been a working day.  Any Union member required to work on this day shall be paid at the rate of double time and a half for not less than four hours work.

 

26.4.3 Members of relevant Unions named in this Award may be required to produce evidence of Union membership (ie: membership ticket).

 

26.5    Recreation Leave Management

 

26.5.1 When an employee has achieved an accrual of thirty (30) days recreation leave (maximum accrual without forfeit is 40 days) their manager or supervisor will discuss the management of that accrued recreation leave with the employee, so that it may be taken at a time which suits the operational needs of Forests NSW and the needs of the individual.  Accrual over 40 days is not permitted without written approval of the Workplace Manager.

 

26.6    Personal Carers Leave

 

26.6.1 Personal/carer's leave is leave which may be granted to employees to provide care and support for a family member as described below, who is sick.

 

26.6.2 Under the personal/carer's leave provisions, paid sick leave and time off in lieu of payment for overtime are specifically for the purpose of caring for the sick family member.  Access to recreation leave and make-up time are facilitative provisions which enable employees to combine paid employment with other responsibilities.  In addition personal/carers leave may be taken as leave without pay.

 

26.6.3 Like sick leave, personal/carer's leave should be managed in a fair and equitable way and mechanisms put in place to monitor sick leave taken as personal/carer's leave.

 

26.6.4 It is important that departments ensure that separate records are maintained for sick leave taken by the employee for their own illness and for a sick family member.

 

26.7    Family and Community Service Leave

 

26.7.1 A department head must grant an employee some or all of the available family and community service leave on full pay to accommodate emergencies or personal or domestic circumstances requiring leave. 

 

26.7.2 Appropriate situations may include but are not 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 employee's family group living in the same domestic dwelling.

 

(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, snow, earthquake and so on threatens lives or property or prevents an employee from reporting for duty.

 

(4)      Other personal circumstances such as citizenship ceremonies, parent-teacher interviews or attending the child's school for other reasons.

 

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

 

(6)      Employees who are prevented from attending work at a normal work location due to a major transport disruption.

 

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

 

(8)      Employees who hold office in local government other than as a Mayor or President of a council, or chair of a county council, in order to attend meetings, conferences or other duties associated with that office, if those duties necessitate absence during normal working hours.

 

Family and community service leave is not available to casual employees.

 

26.7.3 Definitions:

 

(1)      "Family" or "relative" used here means:

 

(i)       a spouse of the employee; or

 

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

 

(iii)      a child or an adult son or daughter (including an adopted child, a stepchild, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or of the spouse or of the de facto spouse of the employee; or

 

(iv)      a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or a relative of the employee who is a member of the same family group living in the same domestic dwelling.

(2)      In this definition:

 

(i)       "relative" means a person related by blood, marriage, affinity or Aboriginal kinship;

 

(ii)       "affinity" means the relationship that one spouse or partner has to the relatives of the other spouse or partner.

 

26.7.4 Paid Leave

 

(1)      Employees working a 5 day week

 

(i)       The maximum amount of family and community service leave on full pay which may be granted is whichever is the greater of:

 

(ii)       2½ working days during the first year of service and 5 working days in any period of 2 years after the first year of service; or

 

(iii)      1 working day for each year of service after 2 years of continuous service

 

(iv)      less any period of short leave or family and community service leave already taken.

 

(2)      Employees working a 6 day week

 

(i)       The maximum amount of family and community service leave on full pay which may be granted is:

 

(ii)       3 working days during the first year of service and 6 working days in any period of 2 years after the first year of service; or

 

(iii)      1 working day for each year of service after 2 years of continuous service

 

(iv)      less any period of short leave or family and community service leave already taken.

 

(3)      Employees working a 7 day week

 

(i)       The maximum amount of family and community service leave on full pay which may be granted is:

 

(ii)       3½ working days during the first 12 months of service and 7 working days in any period of 2 years after the first year of service; or

 

(iii)      1 working day for each year of service after 2 years of continuous service

 

(iv)      less any period of short leave or family and community service leave already taken.

 

26.7.5 Additional Leave

 

If available family and community service leave is exhausted as a result of natural disasters, the department head must consider applications for additional family and community service leave, if some other emergency arises.  For example, on the death of a person defined above additional paid family and community service leave of up to 2 days may be granted to an employee on an individual and situational basis.

 

26.7.6 Other Leave

 

Department heads may grant employees other forms of leave such as accrued recreation leave, time off in lieu, flex leave and so on for family and community service leave purposes.

 

26.7.7 Illness of Family Member

 

In cases of illness of a family member for whose care and support the employee is responsible, the employee may take accrued paid sick leave when paid family and community service leave has been exhausted. For further information see Personal/Carer’s Leave.

 

26.8    Trade Union Training Leave

 

The parties agree that leave be granted in accordance with the MLC as follows:

 

26.8.1 Leave may be granted up to a maximum of twelve (12) working days in any period of two (2) years to employees who are members of registered industrial Unions to attend short training courses or seminars, subject to the following conditions:

 

(1)      that the employer’s operating requirements permit the grant of leave and the employee’s absence does not require the employment of relief staff;

 

(2)      the leave of absence will be granted at ordinary pay, ie: payment is not to include shift allowances, penalty rates or overtime;

 

(3)      leave granted will count as service for all purposes;

 

(4)      expenses associated with attendance at such courses or seminars; eg: fares, accommodation and meal expenses will be met by employee concerned, except where the duration of the course is one day or more requiring an overnight stay, Forests NSW will reimburse the cost of accommodation and meals for one day only.

(5)      applications for leave must be accompanied by a statement from the relevant Union that it has nominated the employee concerned for such course or seminar or that it supports their application.

 

(6)      Subject to the maximum prescribed above, leave may include travelling time required during working hours to attend such courses or seminars.

 

26.9    Parental Leave

 

Parental leave includes maternity, adoption leave and "other parent" leave.

 

26.9.1 Maternity leave shall apply to a staff member who is pregnant and, subject to this clause the staff member shall 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.

 

(3)      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.

 

26.9.2 Adoption leave shall apply to a staff member adopting a child and who will be the primary care giver, the staff member shall be granted adoption leave as follows:

 

(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 Department Head may determine, if the child has commenced school at the date of the taking of custody.

 

(3)      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, flex time or family and community service leave.

 

26.9.3 Where maternity or adoption leave does not apply; "other parent" leave is available to male and female staff who apply for leave to look after his/her child or children. Other parent leave applies as follows:

 

(1)      Short other parent leave - an unbroken period of up to 8 weeks at the time of the birth of the child or other termination of the spouse's or partner's pregnancy or, in the case of adoption, from the date of taking custody of the child or children;

 

(2)      Extended other parent leave - for a period not exceeding 12 months, less any short other parental leave already taken by the staff member as provided for in paragraph 1 of this subclause. Extended other parental leave may commence at any time up to 2 years from the date of birth of the child or the taking of custody of the child.

 

26.9.4 A staff member taking maternity or adoption leave is entitled to payment at the ordinary rate of pay for a period of 14 weeks, a staff member entitled to short other parent leave is entitled to payment at the ordinary rate of pay for a period of up to 1 week, provided the staff member:

 

(1)      Applied for parental leave within the time and in the manner determined set out in subclause 26.9.9; and

 

(2)      Prior to the commencement of parental leave, completed not less than 40 weeks' continuous service.

 

(3)      Payment for the maternity, adoption or short other parent leave may be made as follows:

 

(i)       in advance as a lump sum; or

 

(ii)       fortnightly as normal; or

 

(iii)      fortnightly at half pay; or

 

(iv)      a combination of full-pay and half pay.

 

26.9.5 Payment for maternity, adoption or other parent leave is at the rate applicable when the leave is taken. A member of staff holding a full time position who is on part time leave without pay when they start parental leave is paid:

 

(1)      at the full time rate if they began part time leave 40 weeks or less before starting maternity, adoption or other parent leave;

 

(2)      at the part time rate if they began part time leave more than 40 weeks before starting maternity, adoption or other parent leave and have not changed their part time work arrangements for the 40 weeks;

 

(3)      at the rate based on the average number of weekly hours worked during the 40 week period if they have been on part time leave for more than 40 weeks but have changed their part time work arrangements during that period.

 

26.9.6 A staff member who has taken no more than 12 months full time maternity, adoption or other parent leave or its part time equivalent is entitled to be paid at their normal rate (ie the rate at which they were paid before proceeding on parental leave) for another period of such leave regardless of whether they resume their normal hours of work before proceeding on leave for another pregnancy or adoption.

 

26.9.7 Except as provided in subclauses 26.9.4, 26.9.5 and 26.9.6 of this clause, maternity, adoption or other parent leave shall be granted without pay.

26.9.8 Right to request

 

(1)      A staff member who has been granted maternity, adoption or other parent leave in accordance with subclauses 26.9.1, 26.9.2 or 26.9.3 may make a request to the Department Head to:

 

(i)       extend the period of unpaid maternity, adoption or other parent leave for a further continuous period of leave not exceeding 12 months;

 

(ii)       return from a period of full time maternity, adoption or other parent leave on a part time basis until the child reaches school age (Note: returning to work from parental leave on a part time basis includes the option of returning to work on part time leave without pay); to assist the staff member in reconciling work and parental responsibilities.

 

(2)      The Department Head 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 Department Head’s business.  Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

26.9.9 Notification Requirements

 

(1)      When a Department is made aware that a staff member or their spouse is pregnant, or a staff member’s spouse is pregnant or is adopting a child, the Department must inform the staff member of their entitlements and their obligations under the Award.

 

(2)      A staff member who wishes to take parental leave must notify the department head in writing at least 8 weeks (or as soon as practicable) before the expected commencement of parental leave:

 

(i)       that she/he intends to take maternity, adoption or other parent leave, and

 

(ii)       the expected date of birth or the expected date of placement, and

 

(iii)      if she/he is likely to make a request under subclause (h).

 

(3)      At least 4 weeks before a staff member's expected date of commencing maternity, adoption or other parent leave they must advise:

 

(i)       the date on which the maternity, adoption or other parent leave is intended to start, and

 

(ii)       the period of leave to be taken.

 

(4)      Staff member’s request and the Department Head’s decision to be in writing.

 

(i)       The staff member’s request and the Department Head’s decision must be recorded in writing.

 

(5)      A staff member intending to request to return from maternity, adoption or other parent leave on a part time basis or seek an additional period of leave of up to 12 months  (or possible just cross reference back up) must notify the Department Head in writing as soon as practicable and preferably before beginning maternity, adoption or other parental leave. If the notification is not given before commencing such leave, it may be given at any time up to 4 weeks before the proposed return on a part time basis, or later if the Department Head agrees.

 

(6)      A staff member on maternity leave is to notify her department of the date on which she gave birth as soon as she can conveniently do so.

 

(7)      A staff member must notify the department as soon as practicable of any change in her intentions as a result of premature delivery or miscarriage.

 

(8)      A staff member on maternity or adoption leave may change the period of leave or arrangement, once without the consent of the department and any number of times with the consent of the department. In each case she/he must give the department at least 14 days notice of the change unless the department head decides otherwise.

 

26.9.10          A staff member has the right to his/her former position

 

(1)      If she/he has taken approved leave or part time work in accordance with subclause (h), and she resumes duty immediately after the approved leave or work on a part time basis.

 

26.9.11          If the position occupied by the staff member immediately prior to the taking of maternity, adoption or other parent 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.

 

26.9.12          A staff member does not have a right to her/his former position during a period of return to work on a part time basis.  If the Department Head approves a return to work on a part time basis then the position occupied is to be at the same classification and grade as the former position.

 

26.9.13          A staff member who has returned to full time duty without exhausting their entitlement to 12 months unpaid maternity, adoption or other parent leave is entitled to revert back to such leave. This may be done once only, and a minimum of 4 weeks notice (or less if acceptable to the department) must be given.

 

26.9.14          A staff member who is sick during her pregnancy may take available paid sick leave or accrued recreation or extended leave or sick leave without pay. A staff member may apply for accrued recreation leave, extended leave or leave without pay before taking maternity leave. Any leave taken before maternity leave ceases at the end of the working day immediately preceding the day she starts her nominated period of maternity leave or on the working day immediately preceding the date of birth of the child, whichever is sooner.

26.9.15          A staff member may elect to take available recreation leave or extended leave within the period of maternity, adoption or other parent leave provided this does not extend the total period of such leave.

 

26.9.16          A staff member may elect to take available recreation leave at half pay in conjunction with maternity, adoption or other parent leave subject to:

 

(1)      accrued recreation leave at the date leave commences is exhausted within the period of maternity, adoption or other parent leave

 

(2)      the total period of maternity, adoption or other parent  leave, is not extended by the taking of recreation leave at half pay

 

(3)      When calculating other leave accruing during the period of recreation leave at half pay, the recreation leave at half pay shall be converted to the full time equivalent and treated as full pay leave for accrual of further recreation, extended and other leave at the full time rate

 

26.9.17          If, for any reason, a pregnant staff member is having difficulty in performing her normal duties or there is a risk to her health or to that of her unborn child the Department Head, should, in consultation with the member of staff, take all reasonable measures to arrange for safer alternative duties. This may include, but is not limited to greater flexibility in when and where duties are carried out, a temporary change in duties, retraining, multi-skilling, teleworking and job redesign.

 

26.9.18          If such adjustments cannot reasonably be made, the Department Head must grant the staff member maternity leave, or any available sick leave, for as long as it is necessary to avoid exposure to that risk as certified by a medical practitioner, or until the child is born whichever is the earlier.

 

26.9.19          Communication during maternity, adoption or other parent leave

 

(1)      Where a staff member is on maternity, adoption or other parent leave and a definite decision has been made to introduce significant change at the workplace, the Department shall take reasonable steps to:

 

(i)       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 maternity, adoption or other parent leave; and

 

(ii)       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 maternity, adoption or other parent leave.

 

(2)      The staff member shall take reasonable steps to inform the Department Head about any significant matter that will affect the staff member’s decision regarding the duration of maternity, adoption or other parent 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.

 

(3)      The staff member shall also notify the Department Head of changes of address or other contact details which might affect the Department’s capacity to comply with paragraph (1).

 

26.10   Casual Leave Entitlements

 

Casual employees shall receive the following entitlements in accordance with the Crown Employees (Public Service Conditions of Employment) Award 2009:

 

26.10.1          Unpaid Parental Leave in accordance with Clause 12.5.4 of the Crown Employees (Public Service Conditions of Employment) Award 2009:

 

(1)      Casual employees are entitled to unpaid parental leave under Chapter 2, Part 4, Division 1, section 54, Entitlement to Unpaid Parental Leave, in accordance with the Industrial Relations Act 1996. The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

(i)       The Department Head must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(ii)       the employee or employee's spouse is pregnant; or

 

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

 

(2)      The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

26.10.2          Personal Carer’s Entitlement in accordance with Clause 12.6 of the Crown Employees (Public Service Conditions of Employment) Award 2009:

 

(1)      Casual employees are entitled to not be available to attend work, or to leave work if they need to care for a family member (as described 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 (iv), and the notice requirements set out in (v).

 

(2)      The Department Head 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.

 

(3)      A Department Head must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

 

(4)      The casual employee shall, if required;

 

(i)       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

 

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

 

(iii)      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.

 

(5)      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 employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of the absence.

 

A family member for the purposes of Paragraph 2 (i) above is:

 

(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 and legal guardian), grandparent, grandchild or sibling of the staff member or of spouse or of defacto spouse of the staff member; or

 

(iv)      a same sex partner who lives with the staff member as the defacto 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.

 

26.10.3          Bereavement entitlement in accordance with Clause 12.7 of the Crown Employees (Public Service Conditions of Employment) Award 2009;

 

(1)      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 employer).

 

(2)      The Department Head 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.

 

(3)      A Department Head must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

(4)      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 employer of their inability to attend for duty. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of the absence."

 

26.11   Extended Leave Entitlements

 

26.11.1          Definition of "service"

 

(1)      "Service" includes:

 

(i)       in the case of an employee or temporary employee who has completed at least 10 years’ service-any period of leave without pay, not exceeding 6 months, taken after 13 December 1963, and

 

(ii)       service occurring before the commencement of this part, including service of the kind referred to in paragraph (i).

 

(2)      Subject to clauses 26.11.2.(3) and 26.11.3(3), for the purpose of determining whether or not an employee or temporary employee has completed at least 10 years’ service, as referred to in subclause 26.11.1.1 (i), the employee’s or temporary employee’s period of service is taken:

 

(i)       to include any period of leave without pay taken before 13 December 1963, and

 

(ii)       to exclude any period of leave without pay taken after 13 December 1963.

 

(3)      Note: 13 December 1963 was the date of assent to the Public Service and Other Statutory Bodies (Extended Leave) Amendment Act 1963.

 

26.11.2          Leave entitlements generally

 

(1)      After service for 7 years or more but not more than 10 years, an employee or temporary employee is entitled to extended leave, proportionate to his or her length of service, calculated at the rate of:

 

(i)       2 months on full pay, or

 

(ii)       4 months on half pay, or

 

(iii)      one month on double pay, for 10 years served.

 

(2)      After service for more than 10 years, an employee or temporary employee is entitled to extended leave under subclause (1) in respect of the first 10 years and additional extended leave, proportionate to his or her length of service, calculated at the rate of:

 

(i)       5 months on full pay, or

 

(ii)       10 months on half pay, or

 

(iii)      2.5 months on double pay,

 

for each 10 years served after the first 10 years.

 

(3)      For the purposes of this clause, "service" includes any period of leave without pay taken before 13 December 1963.

 

26.11.3          Entitlement to leave if employment terminated in special circumstances

 

(1)      This clause applies to an employee or temporary employee with at least 5 years’ service but less than 7 years’ service whose services are terminated:

 

(i)       by the employee or temporary employee, for reasons of illness, incapacity or domestic or other pressing necessity, or

 

(ii)       by the Crown, the Governor or the appropriate Department Head, for reasons other than the employees or temporary employee’s serious and intentional misconduct.

 

(2)      The employee or temporary employee is entitled to:

 

(i)       for 5 years’ service, one month’s leave on full pay, and

 

(ii)       for further service in excess of 5 years, additional leave proportionate to the employees or temporary employee’s length of service (up to but not including 7 years), calculated at the rate of 3 months’ leave for 15 years’ service.

 

(3)      For the purposes of this clause, "service" does not include any period of leave without pay, whether taken before, on or after 13 December 1963.

 

26.11.4          Payment of accrued leave on termination of employment

 

(1)      If an employee or temporary employee has acquired a right to extended leave and his or her services are terminated, the employee or temporary employee may not take the extended leave but is instead to be paid the money value of the extended leave.

 

(2)      Any pension to which any such employee or temporary employee is entitled under the Superannuation Act 1916 commences from and including the date on which the employees or temporary employee’s extended leave, if taken, would have commenced.

 

26.11.5          Leave to be paid out to dependants in cases of death

 

(1)      If an employee or temporary employee has acquired a right to extended leave and dies before starting it, or after starting it dies before completing it:

 

(i)       the employee’s or temporary employee’s spouse, or

 

(ii)       if there is no such spouse, the employee’s or temporary employee’s children, or

 

(iii)      if there is no such spouse or child, the person who, in the opinion of the appropriate Department Head, was, at the time of the employee’s or temporary employee’s death, a dependent relative of the employee or temporary employee,

 

is entitled to receive the money value of the extended leave not taken or not completed.

 

(2)      If an employee or temporary employee with at least 5 years’ service but less than 7 years’ service dies:

 

(i)       the employee’s or temporary employee’s spouse, or

 

(ii)       if there is no such spouse, the employee’s or temporary employee’s children, or

 

(iii)      if there is no such spouse or child, the person who, in the opinion of the appropriate Department Head, was, at the time of the employee’s or temporary employee’s death, a dependent relative of the employee or temporary employee,

 

is entitled to receive the money value of the extended leave that would have accrued to the employee or temporary employee had his or her services terminated as referred to in clause 26.11.3 (1).

 

(3)      If there is a guardian of any child referred to in subclause 26.11.5 (1)(ii) or 26.11.5(2)(ii), the payment to which the child is entitled may be made to the child’s guardian for the child’s maintenance, education and advancement.

 

(4)      If:

 

(i)       no person is entitled to receive a payment under subclause 26.11.5.1 or 2.11.5.2, or

 

(ii)       it appears to the appropriate Department Head that more than one person is entitled as a spouse to a payment under subclause 26.11.5.1 or  26.11.5.2,

 

the payment must instead be made to the employee’s or temporary employee’s personal representatives.

 

(5)      Any payment under this clause is in addition to any payment due under any Act under which superannuation benefits are paid.

 

(6)      In this clause, "spouse" of an employee or temporary employee includes a person with whom the employee or temporary employee had a de facto relationship (within the meaning of the Property (Relationships) Act 1984 ) at the time of his or her death.

 

26.11.6          Certain periods to be disregarded

 

(1)      Any period during which an employee or temporary employee is not employed, as referred to in clause 3 (2) of Schedule 3A, is to be disregarded for the purpose of calculating his or her extended leave entitlement.

 

26.11.7          Leave entitlement reduced by leave already taken or paid out

 

(1)      The following amounts of extended leave are to be deducted from an employee’s or temporary employee’s extended leave entitlement:

 

(i)       for each period of extended leave taken on full pay-the number of days (or parts of a day) so taken,

 

(ii)       for each period of extended leave taken on half pay-half the number of days (or parts of a day) so taken,

 

(iii)      for each period of extended leave taken on double pay-twice the number of days (or parts of a day) so taken,

 

(iv)      for each period of extended leave in respect of which the employee or temporary employee has been paid the money value-the number of days of extended leave on full pay that is equivalent to the money paid.

 

(2)      If a public holiday occurs while an employee or temporary employee is taking extended leave, the amount of extended leave to be deducted is to be reduced by the length of the holiday (one day or half a day, as the case may be).

 

(3)      In subclause (2), "public holiday" means any special or public holiday for which the employee or temporary employee is entitled to payment.

 

26.11.8          Extended leave may be postponed for temporary employees.

 

(1)      If the period of extended leave to which a temporary employee is entitled under this Schedule exceeds the period for which the employee is employed under this Act, the balance of the period of extended leave may be taken during subsequent periods of employment in the Public Service, but only if each subsequent period of employment commences on the termination of a previous period of employment in the Public Service.

 

All other provisions concerning extended leave not covered above will be in accordance with the provisions of the MLC.

 

SECTION 9 - MISCELLANEOUS

 

27.  Miscellaneous

 

27.1    Temporary Relocation

 

27.1.1 Reorganisation within Forests NSW along with a shift in work areas necessitated through land management transfer to other agencies such as NPWS will require temporary transfer of employees from time to time.

 

27.1.2 The underlying principle in such cases will be to give full consideration to individual circumstances and preferences, with identification of volunteers through mutual agreement preferred to supervisor selection of employees to work away from home.  Management will ensure maximum notice is given for a temporary transfer with a minimum of: -

 

(1)      Seven (7) calendar days notice for up to two (2) weeks transfer

 

(2)      Ten (10) calendar days notice for two (2) to four (4) weeks transfer, and

 

(3)      Fifteen (15) calendar days notice for over four (4) weeks transfer

 

27.1.3 Return to home will be provided, if required, each weekend while on transfer.

 

27.1.4 Applications can be made to return each week-end by workshops staff on an "as needs/compassionate" basis and the Workshops Manager will give consideration to such requests.

 

27.1.5 Employees permanently transferring between locations within FNSW will be entitled to the provisions of the Crown Employees (Transferred Employees Compensation) Award 2009.

 

28.  Inclement Weather

 

28.1    Definition

 

For the purposes of this clause, inclement weather means wet weather or abnormal climatic conditions such as hail, cold, high winds, severe dust storms, extreme high temperature or any combination thereof.

 

28.2    Continuation of Work

 

28.2.1 Appropriate productive work will be carried out during inclement weather conditions, provided appropriate protective clothing of a high standard suited to local conditions is issued.  Decisions on working during inclement weather will rest with the supervisor and, where they exist, by self-managing work teams, consistent with the Occupational Health and Safety Act 2000 and Regulation 2001:

 

(1)      In forest Regions, where there are appropriate functions that can be undertaken during inclement weather, then these functions will be undertaken or continue to be undertaken.

 

(2)      Workshop employees will carry out fieldwork away from normal facilities and under inclement weather conditions as determined by the employee on the job in conjunction with the Workshop Manager.

 

(3)      Nursery employees will work during inclement weather on both production and customer service, provided that appropriate protective clothing is supplied.

 

29.  Consultation Clause

 

29.1    The parties to the Award agree to an ongoing consultation process involving management, employees and the unions regarding organisational, work methods and/or technological change of any directorate, region or business unit which has an impact upon employees covered by the Award.

 

29.2    It is recognised that the parties can contribute valuable ideas in the process of change.

 

29.3    The parties agree that the consultation process shall not be used as a basis to delay the introduction of change.  Any dispute arising from the implementation of this clause shall be dealt with in accordance with Clause 9 Grievance and Dispute Resolution.

 

30.  Delegates Rights

 

30.1    FNSW recognises the rights of employees to elect union delegates as their representative for the purposes of this Award.

 

30.2    FNSW will not victimise an employee because the person is or is proposing to become a union delegate.

 

30.3    The delegate will have access to a notice board for the purpose of posting notices and announcements relating to the Unions' activities, provided that such notices are relevant to the site or the union. 

 

30.4    The union delegates will have reasonable access to a computer for word-processing purposes, email, telephone, a photocopier, facsimile machine and a private meeting room, if and when necessary.

 

30.5    Union delegate(s) will be allowed to undertake the following activities without deduction of ordinary time earnings for:

 

30.5.1 consultation with recognised or accredited union official, on any significant workplace change including conditions of employment, subject to the supervisor or manager being notified;

 

30.5.2 where FNSW is involved in any industrial proceedings (whether at the Commission or workplace or with Government representatives) that directly affects the area or employee(s) that the union delegate(s) represent, the delegate(s) will be permitted to attend such proceedings and have reasonable preparation time as required;

 

30.5.3 after notification by the Union of the employee being elected as an Executive Member or in a vocational or industry committee; the employee may attend relevant meetings, either interstate or in NSW,  subject to prior notification with management and where operational requirements allow for the taking of such time;

 

30.5.4 the opportunity to attend the annual branch conference of the Union subject to the delegate’s absence will not unreasonably interfere with normal work operations and that prior approval is sought;

 

30.5.5 presenting information with the Union official if available, on the Union(s) and Union(s) activities at induction sessions for new employees, subject to prior notification with management and where operational requirements allow for the taking of such time;

 

30.5.6 attendance at meetings called by Unions NSW involving the Union(s) which requires attendance of delegate(s); subject to prior notification with management and where operational requirements allow for the taking of such time;

 

30.5.7 reasonable travelling time to and from the location for where the delegate(s) are required for the purposes of this clause.

 

30.6    Representation at the Joint Consultative Committee and Award negotiations will be discussed and agreed to by the parties.

 

31.  Area, Incidence and Duration

 

31.1    This Award applies to all classifications listed in Appendices 3, 4, 5, 6 and 7 attached to this Award employed by the NSW Department of Primary Industries - Forests NSW under Schedule 1, Part 3, Special Employment Division of the Public Sector Employment and Management Act 2002.

 

31.2    The Award rescinds and replaces the Forestry Commission Division Trading as Forests New South Wales Crown Employees Fieldwork and Other Staff Award 2008-2009, published 15 May 2009 (Vol. 367 I.G. 1800) and award variation, (Vol. 370 I.G. 572).

 

31.3    This award will operate from the 30 May 2011 and will remain in force until 30 June 2012.

 

APPENDIX 1

 

RATES OF PAY

 

The minimum weekly rates for full-time employees covered by this Award are:

 

Classification	1 July 2009	From First Full Pay Period	From First Full Pay
Rate		on or after1 July 2010	Period on or after1 July 2011
		4% p.a. increase	4% p.a. increase
	Weekly Wage	Weekly Wage	Weekly Wage
1	$701	$729	$758
2	$723	$752	$782
3.1	$752	$782	$813
3.2	$756	$786	$817
4.1	$788	$820	$853
4.2	$804	$836	$869
4.3	$822	$855	$889
4.4	$837	$870	$905
5.1	$871	$906	$942
5.2	$889	$925	$962
5.3	$898	$934	$971
6.1	$986	$1,025	$1,066
6.2	$1,016	$1,057	$1,099
6.3	$1,044	$1,086	$1,129
6.4	$1,071	$1,114	$1,159

 

Divisional Commander will be paid at the weekly equivalent of:

 

	1 July 2009	From First Full Pay Period	From First Full Pay
		on or after1 July 2010	Period on or after 1 July 2011
Annual Rate	$67,416pa	$70,113pa
			$72,918pa
Weekly equivalent	$1,292 per week	$1,344pa	$1,397pa

 

APPENDIX 2

 

ALLOWANCES

 

Past Entitlements Preserved within this Award (Grandfathered Entitlements):

 

First-aid

 

Distant places

 

Western allowance

 

Definition of Allowances:

 

"Accredited Assessor Allowance" The allowance paid by Forests NSW for nationally accredited assessors will be as provided for in Item 22 of Table 3.  This payment will be received for time spent in preparation, delivery, assessment and reporting of accredited courses.

 

This allowance is payable to nationally accredited assessors who deliver training. It is not restricted to nationally accredited courses but rather has application to any external or Forests NSW courses which result in some form of qualification or accreditation, with the exception of back care (ie those delivering back care training will receive the allowance for the life of this award). The parties agree to review the operation of this clause during the life of the award.

 

"Accredited Assessors Allowance - Task Based Assessments (FFHF)" Field Workers conducting task based assessments associated with the Fire Fighting Health and Fitness Program, who hold a certificate in task based assessment, will be paid an allowance as provided for in Item 21 of Table 3 for time spent in preparation, delivery, assessment and reporting of Task Based Assessment s.

 

This allowance will move in line with the general Accredited Assessors Allowance.

 

"Allowance for dealing with protestors" Where protestors are disrupting forestry operations and Forests NSW appoints an employee to supervise and control the incident, the employee shall be paid an allowance to the divisional commander rate as set out in Appendix 1 on a higher duties basis as provided for in cl.22.4.

 

"Chemical Handling and Working with Bitumen/ Sealing Allowance" An allowance as provided for in Item 10 of Table 1 is payable to those employees directed to use pesticides and herbicides who are accredited chemical users and shall also apply to employees engaged in sealing and working with bitumen where they are required to wear full protection, ie: all of the following; face shields, overalls, elbow length gloves and boots for the application of pesticides and/ or herbicides.

 

"Divisional Commander" An employee who is appointed as a divisional commander to supervise and control a wildfire or incident on behalf of by Forests NSW, will be paid an allowance to the divisional commander rate as set out in Appendix 1 on a higher duties basis as provided for in cl.22.4.

 

"Tool Allowance" All tools required by employees shall be provided free of charge by Forests NSW, other than in Workshops where a tool allowance shall be paid to trades persons as provided for in Item 1 of Table 1 to cover the cost of work-related tools. This allowance is linked to movement in the Skilled Trades Award.

 

"Working in Sludge" Those engaged in the handling and spreading of sewerage sludge on a given Forests NSW area will receive, for the period of application only, an allowance as provided for in Item 9 of Table 1.

 

NB:

 

Workshops Allowances with the exception of "First Aid" and "Applying Obnoxious Substances", are linked to movement in the Crown Employees (Skilled Trades) Award.

 

"Applying Obnoxious Substances" is linked to movement in the General Construction and Maintenance, Civil and Mechanical Engineering and C (State) Award (or an award replacing that award), as there is no comparable allowance under the Crown Employees (Skilled Trades) Award.

 

Table 1 - Wage Related Allowances

 

Workshop Employees
Item	Clause or	Allowance	From the beginning	From the	From the
	Appendix		of the first full Pay	beginning of the	beginning of
	Number		Period	first full Pay	the first full
			on or after	Period	Pay Period on
			1 July 2009	on or after	or after
				1  July 2010	1 July 2011
1	Appendix 2	Tool Allowance -	$25.80 per week	$26.80 per week	$27.90 per week
		Tradespersons
2	Appendix 2	Confined spaces	$0.81 per hour	$0.84 per hour	$0.87 per hour
3	Appendix 2	Height money	$0.63 per hour	$0.66 per hour	$0.69 per hour
4	Appendix 2	Tower allowance	$0.63 per hour	$0.66 per hour	$0.69 per hour
		Above 15 metres	$0.63 per hour	$0.66 per hour	$0.69 per hour
		Above each
		additional 15
		metres
5	Appendix 2	Spray Painting	$0.62 per hour	$0.64 per hour	$0.67 per hour
		Application
6	Appendix 2	Applying	$0.78 per hour	$0.81 per hour	$0.84 per hour
		obnoxious
		substances
7	15.4 &	First-aid	$13.60 per week	$14.10 per week	$14.70 per
	Appendix 2				week
8	25.1	On-Call Duty /	$123 per week	$128  per week	$133 per
		Weekly On Call			week
		Roster

 

Table 1 - Field Workers

 

Item	Clause or	Allowance	From the	From the	From the
			beginning of the	beginning of the	beginning of the
	Appendix		first full pay	first full pay	first full pay
	Number		period on or after	period on or after	period on or after
			1 July 2009	1 July 2010	1 July2011
9	Appendix 2	Working in Sludge	$0.88 per hour	$0.92 per hour	$0.96 per hour
10	Appendix 2	Chemical Handling	$13.30 per day	$13.80 per day	$14.40 per day
		and Working with
		Bitumen/ Sealing
11	15.4 and	First aid	$13.60 per week	$14.10 per week	$14.70 per week
	Appendix 2
12	23.3, 23.5	Weekly On Call	$123 per week	$128 per week	$133 per week
	and	Roster
	Appendix 2
13	23.6	Immediate on Call	1/3rd ordinary	1/3rd ordinary	1/3rd
			hourly rate	hourly rate	ordinary
					hourly rate

 

Table 2 - Expense Related Allowances - Travel Arrangements

 

Item		Clause or	Allowance				Allowances as
		Appendix					at 1July 2010 and
		Number					adjusted in
							accordance with
							Cl. 20.5
14		14.8	Meal Allowance for Overtime
			Breakfast Allowance:				$25.80
			When required to start work before 6.00am.
			Lunch Allowance:				$25.80
			For overtime required to be worked after 1.30pm on
			Saturdays, Sundays or Public Holidays.
			Dinner Allowance:				$25.80
			When required to work after 6.00pm.
15		20.2.2 (1)	Reimbursement of Meal Expenses - No Overnight Stay
			Breakfast Expenses: When travel starts
			before 6.00am				$23.10
			Lunch Expenses: When the staff member is unable to have
			lunch at his/her normal workplace				$25.90
			Dinner Expenses: When work or travel goes beyond
			6.30pm				$44.50
16		20.3.2(1)	Reimbursement for Accommodation and Meals -
			Overnight Stay
			Breakfast (if not included in the accommodation charge)				$23.10
			Lunch (if not included in the accommodation charge)				$25.90
			Dinner in the country ((if not included in the
			accommodation charge)				$40.65
			Dinner in the city (if not included in the accommodation
			charge)				$44.50
			Incidental allowance (per night spent away)
							$20.30*** per
							night
							***NB fixed rate
							until Incidental
							Allowance
							applicable
							within the NSW
							Public Sector
							exceeds this rate.
17		20.4.1	Camping Expenses:
			(a) When camping at an established camp where facilities				$27.65 per night
			such as cubicles, a wash house and a kitchen are already set up.
			(b) When camping at a non-established camp (which
			includes caravans), or where facilities must be set up by the				$36.55 per night
			employee.
			(c) To cover the cost of hiring additional equipment
			which Forests NSW is unable to supply.				$27.30 per night
			(d) When the employee supplies their own sheets,
			blankets or sleeping bag.				$4.55 per night
			(e) When employee camps for more than 40 days.				$8.70 per night
		20.4.3	Incidental allowance is paid for overnight camping stays as				$20.30*** per
			compensation for incidentals incurred (per night spent away)				night
							***NB  fixed rate
							until Incidental
							Allowance
							applicable within
							the NSW Public
							Sector exceeds
							this rate.
18		16.2.1	Boots			$283.00 per year
19		Appendix 2	Kilometre rate
			Should Forests NSW be unable to provide transport and where no public transport
			is available to transport an employee from his/her residence to their headquarters,
			depot or centre, or if an employee is required to report at a place other than their headquarters, depot or centre, then Forests NSW shall pay
			the employee an allowance according to the following scale, viz; where the distance from their
			residence to the centre or such place is:
			Kilometres
			3 - 10			$4.30 per day
			10 - 20			$11.60 per day
			20 - 30			$14.90 per day
			30 - 40			$21.30 per day
			40+			$24.00 per day
Headquarters, depot or centre means the place where the employee reports for work.
Fire Fighting Fitness Incentive Payment and Accredited Assessors Allowance
20	23.2.3			Fire Fighting Incentive	$261 per annum
21	Appendix 2,			Accredited Assessor -	$7.10 per hour
	23.2.5 and			Task Based Assessments
	23.13.1			(FFHF)
22	Appendix 2			Accredited Assessor	$7.10 per hour

 

APPENDIX 3

 

STATEMENT OF RESPONSIBILITY LEVELS AND PROMOTIONAL CRITERIA

 

For an employee to be graded to a higher position than the generic level, the position description must be evaluated by the Classification Committee.

 

Forests NSW will make available to the workforce appropriate training to facilitate advancement through the classification structure.

 

LEVELS 1 & 2
Responsibility	An employee at Level 1 or 2 will:
	generally work under direct supervision be responsible for identifying
	and solving minor problems which occur in the workplace be required
	to work to predetermined standards and outcomes be responsible for
	keeping their own work area safe and clean show awareness for the
	relevant Forest Practices Codes
Promotional Criteria	Level 1
	Six (6) months induction process (within 7 days) and Induction
	Program.
	Promotion to Level 2 on satisfactory completion and satisfactory
	attendance and performance history.
	Level 2
	Eighteen (18) months Employee Development Program
	Promotion to Level 3.1 within 18 months on satisfactory completion
	and satisfactory attendance and performance history.
LEVEL 3
Responsibility	An employee at this level will operate under general direction for the
	whole job.  Individual tasks will be completed according to clear, set
	procedures and standards.  An employee will be responsible for the
	quality of work within these limits.
	The employee will also be responsible for identifying and solving
	problems which occur in the work process the Level 3 worker is
	directly responsible for, and for identifying and reporting problems
	outside own work process.
	3.2 Co-ordinator
	responsible for provision of the co-ordination of work performed by a
	small group and on-the-job training (non-accredited) for that small
	group; knowledge and understanding of relevant Forest Practices
	Codes.
Promotional Criteria	An employee remains at Level 3.1 until capable of effectively
	performing through assessment or appropriate certification the tasks
	required of the next level so as to enable progress as a position
	becomes available.
	The promotion by merit principle will apply in all cases.

 

LEVEL 4
Responsibility	An employee at this level will operate under general direction for the
	whole job.  In completing individual tasks an employee will work to
	set standards.  An employee will be responsible for the quality
	of work in own area.
	The employee will also be responsible for identifying and solving
	problems which occur in the work process the Level 4 worker is
	directly responsible for, and by themselves or with others, identifying,
	reporting or solving problems outside their work area.
	The employee is responsible for application of relevant Forest
	Practices Codes and Regulatory requirements.

 

LEVEL 5
Responsibility	An employee at this level has greater responsibility than at Level 4 in
	that the employee may be responsible for the work of others through
	the monitoring role.  The employee will be responsible for work
	outcomes regarding quantity and quality in own area, including own
	work and the work of others. The employee may be required to train
	small groups on-the-job (non-accredited) and/or assess competency
	of workers in the tasks they perform. They will be responsible
	for OH&S of those under his control.  An employee at this level
	will be required to exercise judgement in the planning and
	carrying out of work.
	An employee at this level is required to ensure application of relevant
	Forest Practices Codes and Regulatory requirements.
	The employee will also be responsible, with others, for identifying
	and solving problems in their work areas, if supervising others for
	initiating, co-ordinating and monitoring problem-solving in own
	work area, for identifying and reporting problems in other work areas
	where they affect activity in own work area.
Promotional Criteria	Level 5.1 is the Supervisor Entry Level and Probationary Period,
	however, initial appointment can be made at a higher level depending
	on competencies and relevant experience.
	Within 12 months, training will be provided as detailed in Note 18.
	Rangers - may progress to Level 5.2 or 5.3 dependent on the role of
	their position after 12 months experience at 5.1 and being accredited in
	the training subjects, and displaying satisfactory attendance and
	performance history.
	Works - will progress to Level 5.2 dependent on satisfactory
	completion of training and satisfactory attendance and performance
	history and 12 months experience at 5.1.
	Progress to 5.3 is dependent upon satisfactory attendance and
	performance history and 12 months experience at 5.2.
	Harvesting - Plantations
	as for "Works".
	Harvesting - Native Forests
	Progress to levels as determined by position evaluation, after 12
	months experience at 5.1, satisfactory completion of training and
	satisfactory attendance and performance history.

 

Promotional Criteria	An employee remains at this level until capable of effectively
	performing through assessment or appropriate certification the tasks
	required of the next level so as to enable progress as a position
	becomes available.
	Promotion to levels above 5 on merit principle in all cases.
LEVEL 6
Responsibility	Will be as determined by position description.
Promotional Criteria	Promotion within Level 6 on merit principle in all cases.
	An employee at level 6 may be graded to a higher position within
	this classification than their generic level as indicated in Appendix 4
	by evaluation of their position description.

 

APPENDIX 4

 

FIELDWORKER CLASSIFICATIONS

 

(does not include Research, Nurseries or Mechanical Trades Staff)

 

Level

Job Title and Competencies Required

Responsibility

Notes

Compulsory

Job Specific

1.

Employee Induction 1

Survey (Road &

Level 1 & 2:

1. Employee

Precision)

Workers will

Induction

Field Hand

generally work under

Process within 7

Chemical Handling

direct supervision

days

Boat (River) Skills

(see Schedule 2)

2.

Employee

Crane Chaser

Employee

Development 2

Induction

Fire Tower

Program

Operator

within 6 months,

First Aid(Accredited)

and must include:

Tree Disease 4

- OH&S (Level 1)

Noxious Plants 4

- Fire fighter

(Level 1)

3.1 3

Level 1 & 2 Plus:

Noxious Animals 4

Level 3.1:  (see

- First Aid (Non-

• 4WD Operator

Generators, Mowers,

Schedule 2)

Accredited)

(Light)

Power

- Aircraft

• Pump & Foam

Awareness

• Chainsaw

Tools, Herbicide

- Environmental

Crosscut(Level 1)

Care

and/or Simple Tree

Sprayers/

- Basic

Felling (Level 2) OR

Communication

Brushcutter

Applicators, Nursery

- Backcare

• and job

Implements, Tar

2. Employee

specific

Sprays, compressor,

Development

jack hammer, wacka

within 18 months

packa, etc.

and must include:

Flora or Wildlife

- 4WD (Light)

Identification &

- Pumps and Foam

Survey Techniques5

- Chainsaw

Hand Tool Work, eg:

Crosscut

pipe laying, sump

(Level 1) / Simple

cleaning, scrubbing

Tree

Tallyman,

Felling (Level 2),

Prescribed Burning

OR

Brushcutter

- SPD SPECIFIC

(for those in plantation

3. At the discretion

works gangs) must

of the Workplace

have:

Manager, a Field

- Select Trees, Pruning

Worker may be

from Ground or

graded 3.1 without

Ladder, Planting,

meeting ALL the

Chemical Handling

compulsory

(as appropriate to

competencies.

fertilising and

4. Simple

application of

Identification

herbicides by hand

and Control

and mechanical

means)

5. Non-Accredited

SPD Specific -

6. 3.2 Co-ordinator

additional silvicultural

position is used as

competencies,

HDA when regular

- Fertilising by hand or

supervisor is

machine

absent for periods

- Release trees/control

of less than 1 day.

weeds

- Conduct non-

If supervisor is

commercial thinning

frequently absent

operations

from the job site

- Tree selection,

for periods of less

marking & tracking for

than 1 day on a

harvesting (minor

regular basis, the

instruments, no FS&W

position should be

accreditation & no

permanent 3.2

inventory work)

(with Basic

Supervisor

Training).

Pine Seed Orchard

Field Hand

3.2

Level 3.1 Plus:

Level 3.2:

7. With FS&W

Intermittently

accreditation,

• Map Reading

responsible for

inventory work &

• Knowledge&

provision of the co-

complex

understanding of

ordination of work

instruments

relevant Forest

performed by a small

required.

Practices Codes OR

group and on-the-job

Level 3.1.  Plus

training(non-

8. Requires LR

Chainsaw Advanced

accredited) for that

Licence only.

(Level 3)

group.6

9. Some require

MR Licence and

FS&W  Roading

(Operator)

- All require

Environmental

Awareness

(operator)

4.1

Level 3.1 Plus any of

- Map Reading

Level 4.1:

- Includes towed

the job specific

- Tree Marking and

(See Schedule 2)

implements,

competencies.

Tracking7

Application of

trailers and

relevant

- Planting Machine

Forest

powered

- Light Truck 8

Practices Code.

implements/

- Fork Lift

attachments.

- Incendiary

Machine Operator

- FLIR Operator

Plantations

Flora or Wildlife

Identification and

survey techniques

(accredited)

Forest Plotting

Marvl Inventory

4WD Heavy

4.2

Level 3.1 Plus

Native Forests:

Level 4.2:

10. Requires map

Operator, any of 9 Fire

Flora or Wildlife

As for 4.1

reading

Tanker 10,

Identification

11. Dangerous

Single Axle Truck, 2

& survey

goods licence as

or 4WD

techniques(accredited)

appropriate

Tractor, FE Loader,

Tree measurement,

12. All require FS

Self-propelled

growth plot

& W, roading

Road Roller, S.O.F.T.

establishment,

(operator)

Truck, Truck

measurement &

+ HIAB, Fuel Truck

maintenance.

11, Bobcat Carpenter/

tradesman Storeman

(no fuel issue)

4.3

Level 3.1 +

Note 9.

Level 4.3:

13. Includes

Operator 12: any of

As for 4.1

operation and

Grader,

maintenance of

All Bulldozers,

application

Scrapers,

equipment and

Excavator, Backhoe,

chemical mixing,

140 HP + 4WD

handling and

Tractor, 4WD Tractor

security.

with herbicide

14. Requires HR

application 13,

Licence

Bogie drive Truck 14,

Traxcavator Storeman

(with fuel issue).

4.4

Co-ordinator 15 4.1 or

Level 4.4:

15. Co-ordinator

4.2 or 4.3

As for 4.1 plus to

position is used as

plus Basic Supervisor

ensure application of

HDA when regular

Skills, Map

relevant Forest

Supervisor is

Reading, FS&W,

Practices Codes.

absent for periods

Roading

Co- ordinate work

of less than 1 day.

(Supervisor), Fire

and/or other  Level 4

If Supervisor is

Fighter

Forestry Field

frequently absent

Workers AND

from the job site

Level 2 (crew leader)

conduct on-the-job

for periods of less

16

training (non-

than 1 day on a

accredited) as

regular basis, the

Low Loader Driver 17

required.

position should be

permanent 4.4.

16. Lower graded

employees are

paid a higher

duties allowance of

4.4for fire crew

leader duties.

17. Requires HC

Licence which

authorises float

driving or towing

trailer over 9

tonnes gross mass.

NFD, SPD & HPD

Compulsory

5.1

Harvesting

Works17 (a)

Rangers

Closely Supervised to

General:  (Level 5)

23

3.1 + 18

3.1 + 18

3.1 + 19

ensure

All include job

Recreation

application of

specific

Facilities

relevant Forest

competencies.

Maintenance

Practice Codes

17 (a)  Works:

- plantation

establishment,

tending  &

maintenance

- general

construction,

maintenance &

protection

- Road & precision

survey

- Inventory (SPD)

18  Entry Level,

training must occur

within 12 months

in:

- Fire fighter Level

2 (crew leader)

- Basic Computer

- Map Reading

- Supervisor Skills

(advanced - job

management skills)

- FS&W, harvest

or roads (op & sup)

- Incident Control

System

Familiarisation

- Workplace

Assessor(Non-

accredited)

- OH&S (Level 2)

- Environmental

Awareness

(Supervisor)

19. Basic

Communication

skills - Recreation

Facilities

Maintenance

NFD, SPD & Hardwood Plantations Division

Compulsory

5.2

Harvesting

Works

Rangers

Generally Supervised

20. Supervise

Noxious

•To ensure application

Minor Works

5.1 Plus

5.1 Plus

Animal

of relevant Forest

Operations.

FS&W,

plantation

Management

Practices Codes

Harvesting

works (20

and /or Weed

• Survey Aboriginal

21.Developmental

(Operator

&21)

Management

Cultural Heritage

Level

& Supervisor)

sites within the

(refer Schedule 2).

21

5.1 Plus

Region in line with

FS&W Roads

legislative

22. Noxious

requirements for the

(Operator &

purpose of planning,

Animal and/or

Supervisor)

identification,

Weed Control

for Road

protection and

Construction

recommending

Management does

&

management practices

not progress to 5.3.

Maintenance

Supervisor (20

23. Aboriginal

& 21)

Cultural Heritage

Officer positions

5.1 Plus

are designed at

Noxious

three levels i.e.

Animal and/

Level 1 (Entry

or Weed

Level), Level 2 &

Control.

Level 3. Level 1

Management

can be appointed in

22

the range 5.1 to 5.3

depending on

knowledge, skills,

experience and

responsibility.

Aboriginal

Cultural Heritage

Officers at Level 5

are able to

identify and

report on

Aboriginal sites

and assist in the

development of

management

options to protect

those sites.

NFD, SPD & Hardwood Plantations Division

Compulsory

5.3

Harvesting

Works

Rangers

Broadly Supervised

24. Can supervise

(24)

(24)

Education and

To ensure application

several Works

Community

of relevant

Operations.

Liaison

Forest Practices

Can supervise

(25)

Codes

minor Harvesting

Operations.

25. Advanced

Communications,

Presentations

Skills, Customer

Service.

 

	Compulsory	Job Specific
6.1	Native Forests Division		See schedule 2.	26. SFO -
				Cypress
	SFO 26			& Red Gum
	Supervisor Flora &			products
	Fauna survey.
	Supervisor Inventory			27. SFO- all
	team.			other native
				products Lower
				graded
				employees are
				paid a higher
				duties allowance
				to 6.1 for sector
				boss work.
6.2	Native Forests Division		See schedule 2.	28. Supervises
	SFO 27		In addition to the	one or more
			duties of the Level.	harvesting
	Softwood Plantations		1 ACHO position,	operations with
	Division		assists in developing	product
	Harvesting Operation/		and implementing	segregation,
	Merchandising		training/information	compliance with
	Supervisor 28		programs & sessions	Code and
			on Aboriginal Cultural	Harvesting Plan,
			Heritage issues,	planning
			including general	assistance
			awareness and more	and day- to-day
			detailed training	organisational
			in specific aspects.	responsibilities.
			Survey Aboriginal
				29. Program
			Cultural Heritage sites	coordinator.
			within the Region in	Can supervise
			line with legislative	other supervisors
			requirements for the	from level 5 or 6
			purpose of planning,	In addition to
			identification,	Level 5
			protection and	criteria, Level 2
			recommending	ACHO's at Level
			management practices.	6.2 are able to
				develop co-
			Monitor Aboriginal	management
			sites within native	projects on State
			forest areas managed	forests, resolve
			by Forests NSW	conflict with
			and this may also	stakeholder
			include plantations,	groups and
			and in some Instances	train Forests
			private property where	NSW’ staff and
				Aboriginal
			Forests NSW enters	community
			into joint management	groups in
			arrangements.	cultural heritage
				issues
				30. Proceed to
			See schedule 2.	level 6.3 with a
				minimum of 2
				years experience
				with satisfactory
				performance at
				6.2 AND
				responsible for
				complex
				operational
				procedures AND
				works basically
				unsupervised.
6.3	Softwood Plantations &			31  Can supervise
	Native			other supervisors
	Forests Divisions Works,