CROWN EMPLOYEES (ROADS AND TRAFFIC AUTHORITY OF NEW SOUTH WALES - TOLL PLAZA OFFICERS) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 1817 of 2004)

 

 

REVIEWED AWARD

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Definitions

3.         Hours of Duty

4.         Shift Allowances

5.         Overtime

6.         Broken Shifts

7.         Saturdays, Sundays and Public Holidays

8.         Leave Generally

9.         Annual Recreation Leave

10.       Sick Leave

11.       Travelling Allowance

12.       Protective Clothing

13.       Mixed Functions

14.       Disability Allowance

15.       Grievance Resolution

16.       Dispute Settlement

17.       Anti-Discrimination

18.       Deduction of Union Membership Fees

19.       Area, Incidence and Duration

 

Table A - Rates - Allowances

 

Appendix A - Grievance Resolution

 

2.  Definitions

 

RTA - Roads and Traffic Authority of New South Wales, constituted under section 46 of the Transport Administration Act 1988.

 

PSA - Public Service Association and Professional Officers Association Amalgamated Union of New South Wales.

 

Employee - A person employed by the RTA at the Sydney Harbour Bridge as a Toll Plaza Officer on a weekly, casual, part-time or limited duration basis.

 

Casual Employee - An employee who is employed for either the ordinary hours of duty prescribed in Clause 3, Hours of Duty of this Award, or part thereof, on an intermittent basis as agreed from time to time between the RTA and the PSA.

 

In addition to the approved hourly rate of pay, a 15% loading will be paid to compensate for Sick Leave, Public Holidays not worked, Family and Community Service Leave and the casual nature of the work. Annual Leave will be covered by a further payment of 4/52 of the approved hourly rate of pay inclusive of the 15% loading.

 

Part-Time Employee - An employee who is employed for a constant number of hours each week which are less than the ordinary hours of duty prescribed in Clause 3, Hours of Duty of this Award.

 

In addition to the approved hourly rate of pay, a 15% loading will be paid to compensate for Sick Leave, Public Holidays not worked and the part-time nature of the work. Annual Leave will accrue on a pro-rata basis.

 

Limited - Duration Employee - An employee employed during that period when a weekly employee or a part-time employee is absent on approved leave for periods in excess of 13 weeks but not exceeding six months.

 

3.  Hours of Duty

 

(i)         The ordinary working hours shall not exceed eighty per fortnight.  Such hours may be worked in not more than ten shifts in each fortnight; provided that not more than six consecutive shifts shall be worked in eight consecutive days. A shift may be worked on any day of the week, including Sunday, during any period of twenty-four hours.

 

(ii)        To suit traffic requirements or in cases of emergency only, broken shifts may be worked but in no case shall any portion of a broken shift be for less than three hours on any day, Monday to Friday, inclusive. Employees shall not be required to work broken shifts on any Saturday, Sunday or public holiday.

 

(iii)       The shifts shall be arranged by roster, which shall be posted in such a position that the employees will be able to keep themselves informed of the shifts to be worked at least one week ahead.

 

(iv)       The roster shall, as far as practicable, be arranged to give each of the employees, except employees working broken shifts, an equal number of Saturdays and Sundays off duty.

 

(v)        The roster shall, as far as practicable, be arranged to give each of the employees two consecutive days off.

 

(vi)       Except in cases of emergency or on broken shifts, no employee shall be compelled to work more than five hours without a break by agreement with the PSA.

 

(vii)      The roster shall be so arranged that at least eight consecutive hours separate the ordinary shifts to be worked by any employee.

 

(viii)     The method of working shifts may, in any case, be varied by agreement between the RTA and the PSA and in any case of general variation where agreement cannot be reached seven days notice of the alteration shall be given by the RTA to the PSA.

 

(ix)       Except in cases of emergency, an employee shall not be required to work longer than two hours in any period without a crib break of twenty minutes which shall include time spent proceeding from the toll barrier to the paying-in point and return, but excluding time spent paying-in.

 

4.  Shift Allowances

 

(i)         All time worked on the afternoon shift shall be paid a shift loading of 12 ½ per cent of the ordinary rate of pay.

 

(ii)        All time worked on the night shift, shall be paid a shift loading of 15 per cent of the ordinary rate of pay.

 

(iii)       Definitions:

 

"Afternoon Shift" shall be those shifts commencing at or after 1 pm and before 4 pm, Monday to Friday.

"Night Shift" shall be those shifts commencing at or after 4 pm and before 4 am, Monday to Friday.

 

5.  Overtime

 

(i)         All time worked in excess of ordinary shift hours as prescribed in Clause 3, Hours of Duty, of this award, in any consecutive twenty-four hours or in excess of eighty hours per fortnight shall be deemed overtime except where such excess is worked:

 

(a)        by arrangement between the employees themselves;

 

(b)        for the purpose of effecting rotation of shifts.

 

(ii)        The following rates for overtime shall be paid:

 

(a)        time and a half for the first two hours and double time thereafter for all time worked in excess of ordinary shift hours;

 

(b)        double time for all time worked on Sundays; and

 

(c)        double time and one half for all time worked on public holidays.

 

(iii)       An employee recalled from his home to work shall be paid for a minimum of four hours work at overtime rates for each such call.

 

(iv)       Employees who are required to work overtime in excess of two hours after their usual ceasing time shall be provided with any meal necessary or be paid the meal allowance set at Item 1 of Table A, Rates - Allowances.

 

(v)        After each period of overtime an employee shall be entitled to a rest break, of at least eight consecutive hours off duty before the commencement of their next ordinary shift without loss of wages for ordinary working time occurring during such eight consecutive hours. If employees are recalled to duty during their rest break shall be paid at the rate of double time until released from duty and shall then be entitled to a further rest break of at least eight consecutive hours without loss of wages for ordinary working time occurring during such rest break.

 

(vi)       Employees engaged as part-time employees shall be paid overtime at the rates prescribed in sub-clause (ii), of this clause, for all time worked in excess of eight hours on each shift.

 

(vii)      The Authority may require an officer to work reasonable overtime at overtime rates. An officer may refuse to work overtime in circumstances where the working of overtime would result in the officer working hours which are unreasonable. For the purposes of this paragraph what is unreasonable or otherwise will be determined having regard to:

 

(a)        any risk to the officer’s health and safety

 

(b)        the officer’s personal circumstances including any family and carer responsibilities

 

(c)        the needs of the workplace or enterprise;

 

(d)        the notice (if any) given by the Authority regarding the working of the additional hours, and by the officer of their intention to refuse the working of additional hours; or

 

(e)        any other relevant matter.

 

6.  Broken Shifts

 

Where the total spread of hours on a broken shift exceeds ten hours from the time first signed on for duty, on any day or shift, any time worked in excess of such ten hours shall be paid in accordance with Clause 5, Overtime.

 

7.  Saturdays, Sundays and Public Holidays

 

(i)         All ordinary time worked on Saturdays shall be paid at the rate of time and one-half.

 

(ii)        All ordinary time worked on Sundays shall be paid at the rate of double time.

 

(iii)       All ordinary time worked on public holidays shall be paid at the rate of double time and one half.

 

(iv)       One day shall be added to the annual leave period of any weekly employee rostered off duty on a day which is a public holiday prescribed by sub-clause (v), of this clause.

 

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

 

8.  Leave Generally

 

Unless otherwise specified in this Award, leave conditions for staff covered by this Award will be as contained in the Crown Employees (Roads and Traffic Authority of New South Wales - Salaried Staff Conditions of Employment) Award.

 

9.  Annual Recreation Leave

 

(i)         Weekly Employees:

 

(a)        Annual leave of absence for recreation shall accrue, month by month, at the rate of 25 working days per annum.

 

(b)        One day shall be added to the annual leave period of an employee in respect of any public holiday prescribed by this award which falls within the period of annual leave to which they are entitled under this award.

 

(c)        An employee shall be entitled to be paid in advance for wages which have accrued in respect of the period for which recreation leave has been approved.

 

(d)        In the case of an employee leaving the service of the RTA, for any reason, the monetary value of accrued recreation leave shall be paid not later than the last day of service.

 

(e)        The RTA may direct an employee to take, at such time as is convenient to the RTA, recreation leave for which they are eligible; provided that at least four weeks notice of the date on which such leave is to commence is given; provided also that the period between one period of annual leave and the next taken by an employee shall not exceed 18 months. So far as is practicable, the wishes of the employee concerned shall be taken into consideration when fixing the time for the taking of such leave.

 

(f)         Annual leave loading shall be paid in accordance with the Crown Employees (Roads and Traffic Authority of New South Wales - Salaried Staff Conditions of Employment) Award.

 

(ii)        Part-time Employees: A part-time employee shall be paid an annual leave at the rate of four (4) weeks per annum on the basis of a payment of 4/52 of the ordinary time worked.

 

10.  Sick Leave

 

(i)         An employee shall be entitled to sick leave with full pay not exceeding ten shifts in any one year: Provided that any employee absent on account of sickness shall, if called upon by the RTA to do so, submit a certificate from a duly registered medical practitioner or other evidence satisfactory to the RTA of the employee’s sickness.

 

(ii)        Any sick leave not taken may accumulate and be available as required in subsequent years of service.

 

(iii)       The provision of this Clause shall not apply to a casual employee nor to a part-time employee.

 

11.  Travelling Allowance

 

(i)         Where an employee finishes a shift at a time when normal public transport has ceased running all fares actually incurred by the employee in travelling to their place of residence shall be paid within a reasonable time of the presentation of the employee’s claim.

 

(ii)        Employees Required to Work Broken Shifts Shall be Paid One Return Fare in Travelling to Their Home and Return.

 

12.  Protective Clothing

 

(i)         Uniforms and protective clothing shall be issued to such employees and on such a scale as is reasonably required.

 

(ii)        Employees required to wear a uniform shall be responsible for maintaining such uniforms in a clean and pressed condition and shall be paid an allowance at the amount per week, set at Item 2 of Table A, Rates - Allowances, for care and cleaning of uniform clothing.

 

13.  Mixed Functions

 

An employee engaged for more than two hours during one day on duties carrying a higher rate of pay shall be paid the higher rate for such day; if so engaged for two hours or less during one day the employee shall be paid the higher rate for the time so worked.

 

14.  Disability Allowance

 

A pollution allowance per shift, at the amount set at Item 3 of Table A, Rates - Allowances, shall be paid to all employees for each shift worked on the Sydney Harbour Bridge.

 

15.  Grievance Resolution

 

(a)        A grievance is defined as a personal complaint or difficulty. A grievance may:

 

relate to a perceived denial of an entitlement

 

relate to a perceived lack of training opportunities

 

involve a suspected discrimination or harassment.

 

(b)        The RTA has a grievance resolution policy and grievance resolution guidelines and procedures which should be observed when grievances arise.

 

(c)        The RTA’s policy, guidelines and procedures are detailed in Appendix A.

 

(d)        While the policy, guidelines and procedures are being followed, normal work will continue.

 

16.  Dispute Settlement

 

(a)        A dispute is defined as a complaint or difficulty which affects more than one staff member. A dispute may relate to a change in the working conditions of staff that is perceived to have negative implications for that group.

 

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

 

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

 

1.          If a dispute arises in a particular work location which cannot be resolved between staff or their representative and the supervising staff, the dispute must be referred to the RTA's Manager of the Employee Relations Section or another nominated officer who will then arrange for the issue to be discussed with the unions.

 

2.          If the issue cannot be resolved at this level, the issue must be referred to senior management.

 

3.          If the issue cannot be resolved at this level, the issue may be referred to the Industrial Relations Commission of NSW

 

4.          While these procedures are continuing, no work stoppage or any other form of work limitation shall occur.

 

5.          The PSA reserves the right to vary this procedure where a safety factor is involved.

 

17.  Anti-Discrimination

 

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

 

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

 

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

 

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

 

(i)         Any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(ii)        Offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

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

 

(e)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the 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 the Act affects. any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

18.  Deduction of Union Membership Fees

 

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

 

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

 

(iii)       Subject to (i) and (ii) above, the Authority shall deduct Association membership fees from the salary of any officer who is a member of the Association in accordance with the Association’s rules, provided that the officer has authorized the Authority to make such deductions.

 

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

 

(v)        Unless other arrangements are agreed to by the Authority and the Association, all Association membership fees shall be deducted each pay period from the officers’ salary and forwarded to the Association each pay period.

 

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

 

19.  Area, Incidence and Duration

 

(i)         This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Roads and Traffic Authority of New South Wales Toll Plaza Officers) Award published on 5 April 2002 (332 IG 662) and all variations thereof.

 

(ii)        The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 IG 359) take effect on and from 28 July 2004.

 

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

 

Table A - Rates - Allowances

 

Item	Clause	Description	Amount
			($)
1	5(iv)	Meal Allowance on Overtime	7.70
2	12 (ii)	Care/cleaning of uniform clothing	0.2105/hr
2	14	Disability allowance	0.2375/hr

 

Appendix a - Grievance Resolution

 

Policy:

 

The Authority's grievance resolution policy provides a system for handling internal grievances which:

 

recognises the right of an individual to raise any concern about work-related issues and expect a prompt and fair response;

 

encourages appropriate behaviour in the workplace;  and

 

raises and maintains high standards of morale and work satisfaction by providing a work environment where the full potential of each staff member can be realised.

 

All managers and supervisors have a responsibility to identify and resolve, as far as possible, causes of stress to workers under their control without waiting for a grievance to be expressed first. Every staff member has a responsibility to avoid treating co-workers in a way that will cause distress.

 

Coverage: All staff.

 

Delegation: Supervisor.

 

Enquiries: Human Resources Managers.

 

File number: CHN I&E 90/2235

 

Guidelines:

 

Definitions:

 

Grievant

 

The staff member who raises the grievance is referred to as the grievant. For each grievance there may be one or more grievant.

 

Respondent

 

The staff member who is alleged to have acted unfairly or in a discriminatory manner or is alleged to be the instigator of the cause of the grievance is referred to as the respondent. There may be more than one respondent in any one grievance situation.

 

Grievance Advisers

 

The role of a grievance adviser is to listen to a grievance, offer advice and clarify the facts of the matter in order to assist the grievant to decide upon appropriate action. The grievance adviser may also participate in any discussions or mediation as a support person but not as an advocate for the grievant. The grievance adviser does not have responsibility for resolving grievances through action or decision. This responsibility rests with the appropriate supervisor or manager.

 

Staff members holding the following positions within the Authority have been nominated as grievance advisers to provide individuals with greater flexibility in seeking advice on any work-related problem:

 

           Human Resources Manager

 

EEO Manager

 

Spokeswomen

 

Women's Liaison Officer

 

Director of Affirmative Action

 

Grievance Contact Persons

 

General Principles of Grievance Resolution

 

These grievance resolution guidelines are based on the following general principles:

 

staff involved in grievance resolution should have access to training;

 

whenever possible, the immediate supervisor or manager should be informed, in the first instance, of the grievance so that appropriate action can be taken;

 

staff members must have an appropriate degree of choice about whom to approach with a grievance and desirably, have a choice of actions;

 

grievances can be raised either orally or in writing;

 

grievances are to be resolved as promptly as practicable;

 

where a grievance necessarily requires time for investigation, an initial response advising of proposed action is to be made to the grievant within two days of the grievance being notified. The investigation is to be completed within a reasonable time-frame (usually no longer than four weeks);

 

all functional managers will handle grievances with understanding, care and consideration;

 

the rights of every person involved are protected;

 

the grievant has control of the resolution process, except in certain cases, such as, where the Authority may be liable or criminal charges may be laid;

 

other staff may become involved in grievance resolution as and when required or in order to provide specialised assistance or to meet the special needs of EEO target group members;

 

the confidentiality and the integrity of every person involved will be maintained;

 

victimisation of any person involved is totally unacceptable; and

 

wherever possible, resolution should be determined in a way that is satisfactory to those involved, and most importantly to the grievant.

 

Interpreters

 

Language and sign interpreters are available, and should be used where necessary, at any stage of the grievance process. Only professional interpreters should be used in order to minimise risks to privacy and of error. Where a non-professional interpreter raises a grievance on behalf of another person, eg a friend or colleague, a minimum amount of information to identify that a complaint is being made should be heard. The non-professional interpreter may then only continue to play a part as a support person if requested to do so by the grievant.

 

External Referral Sources

 

Staff members have the right to choose whether to use the internal grievance mechanism or an external body.  They may approach either or both at any time during the course of the grievance. Sources of external assistance are not necessarily limited to those listed below which are included as a guide only.

 

Associations/Unions

 

Anti-Discrimination Board of NSW

 

Government and Related Employees Appeal Tribunal (GREAT)

 

Industrial Commission

 

Ombudsman

 

Privacy Committee of NSW

 

If a staff member approaches an external body during the course of a grievance, the Authority should be advised.

 

Protection

 

A grievant is protected against any action for defamation by the defence of qualified privilege, provided the grievance is raised in accordance with these established procedures and does not intentionally make a malicious or substantially frivolous complaint.

 

Any staff member who carries out grievance resolution in accordance with established procedures, or is required to prepare a report concerning another member of staff is protected against any action for defamation by the defence of qualified privilege provided that they:

 

act in accordance with these established procedures;

 

are not actuated by malice;  and

 

do not publish or make information about the grievance available to persons who have no legitimate interest in receiving it.

 

The grievant should not publish or make information concerning the grievance available to persons who have no legitimate interest in receiving it.

 

Documentation

 

Resolution of grievances should be handled as simply as possible. Informal notes should be brief, factual and avoid personal opinions. All parties involved should be given the opportunity to sight and endorse all material, which should be kept confidential and separate to personal files. Where the grievance is settled informally within the Authority, the documentation should be destroyed on settlement. If an external body is used for a formal settlement, the documentation should be kept for 5 years.

 

Notations are not to be made on personal files unless a disciplinary charge has been found proved, in which case the results of the charge should only be placed on the personal file of the person charged.

 

Training

 

Training courses specifically on the resolution of grievances will be made available to grievance advisers and as many staff members likely to be involved in the resolution of grievances as possible.

Grievance Resolution

 

A grievance should only be regarded as satisfactorily resolved where the outcome is fair having regard to:

 

any damage and suffering sustained;

 

the prognosis for the future; and

 

improvement of the immediate circumstances which gave rise to the grievance.

 

The resolution to a grievance must be lawful.

 

In some cases a final determination may be reached which does not fully resolve the grievance, or there is no possible action which can be taken but the parties accept this.

 

A grievance is also considered concluded although not resolved when a grievant chooses to withdraw.

 

In terms of this policy, a respondent has a right to expect that any penalty or disciplinary action will be appropriate to the degree of culpability or fault if proven or substantiated, having regard to any damage or suffering sustained by the grievant, and the potential for future problems.

 

Appeal Right

 

Any staff  member  who is dissatisfied with his or her treatment in terms of these procedures may appeal to the Director or Chief Executive for a re-examination of the decision. This appeal right does not in any way diminish a staff member's right to seek the assistance or representation of their trade union or association in the matter.

 

Procedures:

 

Any manager, supervisor or grievance adviser consulted by a grievant should:

 

listen and be sympathetic to any distress exhibited by the grievant;

 

be aware of their own limitations and the grievant's insecurity and fears as to the possible repercussions of lodging a grievance;

 

clarify the facts of the grievance;

 

if acting as grievance adviser, offer counsel and advice and refer the grievant to an appropriate functional manager. Normally this would be the grievant's immediate supervisor or manager unless there is good reason for the referral to be made to a more senior manager. Examples of the latter might be where the immediate supervisor/manager is absent or is the respondent;

 

if supervisor or manager, take appropriate steps  to investigate and resolve the grievance;

 

ensure the confidentiality and protection of all parties involved;

 

wherever possible, take account of the grievant's wishes for the process of resolution;

 

ensure the right of the respondent to be heard before any decision is made; and

 

if resolution is not possible, conclude the grievance by advising the grievant of the reasons, the right of appeal and external options.

 

 

R. W. HARRISON  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.