State Crest
New South Wales Industrial Relations Commission
(Industrial Gazette)




No longer in force


spacer image spacer image

Crown Employees (Department of Finance, Services and Innovation - Waste Assets Management Corporation) Operations Award 2015
  
Date10/09/2015
Volume378
Part1
Page No.1
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C8413
CategoryAward
Award Code 1918  
Date Posted10/06/2015

spacer image spacer image

spacer image Click to download*
spacer image

(1918)

SERIAL C8413

 

Crown Employees (Department of Finance, Services and Innovation - Waste Assets Management Corporation) Operations Award 2015

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Department of Finance, Services and Innovation.

 

(No. IRC 835 of 2015)

 

Before Commissioner Tabbaa

29 September 2015

 

AWARD

 

Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Title

2.         Definitions

3.         Parties to the award

4.         Classifications and Salaries

5.         Savings of Rights

6.         Terms of employment

7.         Conditions of employment

8.         Categories of employment

9.         Hours of employment

10.       Start and finish times

11.       Afternoon and night shift work

12.       Meal times

13.       Payment of wages

14.       Public holidays

15.       Overtime

16.       Time off in lieu of payment for overtime

17.       Saturday and Sunday work

18.       Recall

19.       On-call (standby)

20.       Mixed functions

21.       First Aid allowance and emergency transportation

22.       Allowance payable for use of private motor vehicle

23.       Compensation for loss or damage to private property

24.       Absence from work

25.       Drivers licence

26.       Anti-discrimination

27.       General induction program

28.       Safety induction training

29.       Code of ethics and conduct

30.       Workplace health, safety and environment commitment

31.       Transfer to available work

32.       Closedown provisions

33.       Grievance and Dispute handling procedures

34.       Consultation

35.       No extra claims

36.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay Landfills

Table 2 - Rates of Pay WAMC Engineering Trades

Table 3 - Allowances

 

PART A

 

1.         Title

 

This award shall be known as the Crown Employees (Department of Finance, Services and Innovation - Waste Assets Management Corporation) Operations Award 2015.

 

2.         Definitions

 

"Accident Pay" means a weekly amount equal to the difference between workers' compensation payments and the staff member's normal rate of pay.

 

"Act" means the Waste Recycling and Processing Corporation (Authorised Transaction) Act 2010.

 

"AMWU" means the Australian Manufacturing Workers’ Union

 

"Casual employee" means an employee not engaged as a weekly employee.

 

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

 

"Corporation" means Waste Assets Management Corporation, as established under the Act.

 

"Employer" means the Department of Finance, Services and Innovation, Waste Assets Management Corporation.

 

"Full day" means the standard full-time contract hours for the day, i.e., seven (7) or eight (8) hours depending on the classification of the staff member, or up to 9.5 hours per day, if agreement reached in accordance with Clause 9 - Hours of Employment.

 

"Full pay" or "half pay" means the staff member's ordinary rate of pay or half the ordinary rate of pay respectively.

 

"Half day" means half the standard contract hours for the day.

 

"On duty" means the time required to be worked for Waste Assets Management Corporation.

 

"Official business rate" means the appropriate rate of allowance payable for the use of a private motor vehicle where no other transport is available and such use is directed by WAMC and agreed to by the staff member or where the staff member is unable to use other transport due to a disability.

 

"Overtime" means as defined in the Overtime Clause 17 in this award.

 

"Part-time Employee" means an employee whose agreed hours are less than full-time hours.

 

"TWU" means the Transport Workers' Union of Australia.

 

"Waste Disposal Site" means any site where liquid and/or solid waste is either permanently deposited or converted to an alternative use for recycling and shall include incinerators and/or other means of destruction.

 

3.         Parties to the Award

 

The parties to this award are the Secretary of the Treasury, Department of Finance, Services and Innovation, the Transport Workers’ Union and the Australian Manufacturing Workers’ Union and all employees who are employed in the classifications detailed in Table 1 and Table 2 of Part B, Monetary Rates of this award.

 

4.         Classification and Salaries

 

The classifications and salary rates are set out in Table 1 and Table 2 of Part B, Monetary Rates of this award.

 

5.         Savings of Rights

 

At the time of making this award, no staff member covered by this award will suffer a reduction in their rate of pay or any loss or diminution in his or her conditions of employment as a consequence of the making of this award. This clause is not intended to give rise to further claim.

 

6.         Terms of Employment

 

6.1       An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Award, provided that such duties are not designed to promote de-skilling.

 

6.2       An employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been trained in the use of such tools and equipment.

 

6.3       Any direction issued by an employer pursuant to paragraphs (a) and (b) hereof shall be consistent with WAMC's responsibilities to provide a safe and healthy working environment.

 

7.         Conditions of Employment

 

The staff members regulated by this award shall be entitled to the conditions of employment as set out in this award, and except where specifically varied by this award, existing conditions are provided for under the Government Sector Employment Act 2013, the Government Sector Employment Regulation 2014, the Government Sector Employment Rules 2014, the Crown Employees (Public Service of Conditions of Employment) Reviewed Award 2009, as reviewed or any award replacing this award.

 

8.         Categories of Employment

 

In consideration of the employment mix required to meet WAMC's operational requirements and client expectations, WAMC may make available the following employment categories.

 

(a)        Full-Time Employees I Weekly Hire

 

(i)         A full-time day employee is an employee who works 38 ordinary hours per week, usually in the form of 7.6 hour days Monday to Friday.

 

(ii)        A full-time employee who works on Saturday, Sunday and public holidays will be paid penalty rates in accordance with Clause 16, Public Holidays, and Clause 19, Saturday and Sunday Work, in this award.

 

(iii)       A full-time employee who works overtime will be paid in accordance with Clause 17, Overtime in this Award.

 

(b)        Part-Time Employees

 

(i)         WAMC may engage part-time employees to work in accordance with an agreed pattern on any seven days of the week at the appropriate rate of pay for the day worked.

 

(ii)        A part-time employee is entitled to the pro-rata benefits prescribed by this Award.

 

(iii)       The employment of a part-time employee shall be confirmed in writing and the letter shall state the days and times upon which the part-time employee is required to work. The agreed days and times may be altered by agreement between the employee and WAMC, or in the absence of such agreement by the giving of no less than two (2) weeks’ notice. This notice period may be changed by mutual agreement. Such alterations will be recorded in writing.

 

(iv)       For any hours worked by a Part-Time Employee in addition to those specified in subclause (b) (iii) above, the following shall apply:

 

(1)       If the additional hours are on a day that the Part Time Employee was required to work, the additional hours shall be paid at ordinary rates up to a total of 7.6 hours on the day, then at the appropriate overtime rate applicable to a full time employee. Any hours paid at ordinary time rate of pay will be included for the purposes of accruing leave entitlements.

 

(2)       If the additional hours are worked on a day that is not one of the agreed days, the additional hours shall be paid at the rate applicable to a full time employee for those hours plus the casual loading specified in Clause 7(d)(i)(1). These hours will not be included for the purposes of accruing leave entitlements due to the loading being paid.

 

(3)       The ordinary hours of employment for part time employees for the combined hours worked pursuant to (b) (iv) (1) and (b) (iv) (2) above shall not exceed 38 hours. The application of overtime rates shall be pursuant to clause 17 and clause 19 of this Award.

 

(c)        Job Share Arrangements

 

(i)         Job Share is a voluntary arrangement in which one job is shared amongst employees.

 

(ii)        Employees may job share under this Award where WAMC approves it.

 

(iii)       Job Share arrangements are required to be documented and agreed between the employees and WAMC.

 

(iv)       Job Sharers perform the role of one job and the workload and performance expectations should be similar to what would be expected if one employee were performing the job.

 

(d)        Casuals

 

(i)         Rates

 

(1)       Casuals shall be paid at the rate prescribed for the appropriate classification in Tables 1-3 in this Award, and in addition thereto 20 percent of such rate. This is calculated as follows:

 

A casual employee working ordinary time shall be paid 1/38th of the appropriate weekly wage per hour plus a loading of 20%. This additional loading is deemed to include all amounts payable under the Annual Holidays Act, 1944, for annual leave. Casuals are not entitled to any paid leave or payment for public holidays except in accordance with the Public Holidays Clause 18(ii) in this Award. This additional loading forms part of the casual rate for all hours worked, whether ordinary time or at prescribed penalty rates.

 

(2)       For all time worked in a day in excess of 7.6 hours, the overtime penalty rates prescribed In the Overtime Clause 19 in this Award shall be payable on the casual rate.

 

(ii)        Where ordinary hours of work for casual employees are 38 hours per week, the normal start times will be advised to employees by end of the previous shift.

 

(e)        Conversion of Casual Employment

 

(i)         A casual employee who has been engaged by WAMC on a regular and systematic basis for a sequence of periods of employment under this award during a period of 6 months has the right to elect to have their contract of employment converted to full-time or part-time employment.

 

(ii)        WAMC must give a casual employee notice in writing of the provisions of Clause 9(e) (i) within four (4) weeks of the right to elect accruing.

 

(iii)       The employee retains their right of election under the clause even if WAMC fails to comply with Clause (ii).

 

(iv)       A casual employee who does not, within four (4) weeks of receiving written notice, elect to convert their contract of employment to full-time or part-time employment will be deemed to have elected not to convert.

 

(v)        Any casual employee having rights under this clause upon receiving notice under Clause (ii),or after the expiry of the time for giving such notice, may give four (4) weeks' notice in writing to WAMC that they elect to convert their contract of employment to full-time or part-time employment. Within four (4) weeks of receiving such notice WAMC must either consent to or refuse the election but must not unreasonably so refuse.

 

(vi)       An employee who has worked on a full-time basis throughout the periods of casual employment has the right to elect to convert their contract of employment to full-time employment and an employee who has worked on part-time basis throughout the period of casual employment has the right to elect to convert their contract of employment to part-time employment, working the same number of hours and times of work as previously worked, unless other arrangements are agreed upon between WAMC and the employee.

 

(vii)      Subject to Clause (vi) where a casual employee has elected to convert to full-time or part-time employment, WAMC and the employee must discuss and agree upon:

 

(1)       whether the employee will become a full-time or a part-time employee and if it is agreed that the employee will, become a part-time employee, the number of hours and the pattern of hours that will be worked as provided for in Clause 7(b) (i).

 

(2)       A casual employee who has elected to convert to full-time or part-time employment in accordance with this clause may only revert to casual employment by written agreement with WAMC.

 

(f)        Fixed Term/Task/Contract Employees

 

In the event that an operational requirement is identified, fixed term employees may be considered. This may include operational requirements due to the following reasons which may include but not be limited to special events, abnormal circumstances and identified long term employee absences which required additional coverage, the company may employ a person on a full-time or part-time basis on a fixed term contract to cover that period of time.

 

9.         Hours of Employment

 

9.1       Subject to subclauses 9.3 and 9.4 and the Afternoon and Night Shift Clause 11.1(b) of this award, the ordinary hours of work for all employees shall not exceed 8 hours per day or 38 hours per week to be worked within a work cycle not exceeding 28 consecutive days. Where there is agreement between WAMC, the majority of affected employees and the union, the ordinary hours of work may be up to 9.5 hours per day. Where a change in roster is proposed WAMC will consult with the affected employee and the Union. Such hours shall be worked between the hours of midnight Sunday and midnight Friday, inclusive.

 

9.2       The suitability of the application of RDOs and flexible rosters will be site specific and based on the following considerations:

 

(a)        The operational requirements of the business;

 

(b)        The commercial requirements of the business;

 

(c)        The circumstances of affected employees.

 

9.3       An employee who works ordinary hours on a Saturday and/or Sunday must have two (2) consecutive days off (unless they are worked as overtime).

 

9.4       Employees who are wholly engaged at a landfill may:

 

(a)        work ordinary hours on a Saturday and shall be paid an additional 50% of the rates prescribed for their respective classifications for the ordinary hours worked on that day; and/or

 

(b)        agree to work ordinary hours on Sunday and shall be paid an additional 100% of the rates prescribed for their respective classifications for the ordinary hours worked on that day.

 

NOTE: Employees do not have to work Sunday as an ordinary day but should an employee agree to this change, it will form part of that employee's contract of employment.

 

WAMC shall, within the limits of the hours above prescribed, have the right to fix the starting and ceasing times of its employees, which shall be posted in a conspicuous place in the lunch room, but such times shall not be altered unless the employees so affected are given seven (7) days' prior notice of such alteration; provided that in special circumstances, WAMC may, upon giving to the employees a minimum of twelve hours' notice, alter the commencing times of employees.

 

10.       Start and Finish Times

 

10.1     Within the limits prescribed in this clause, each employee shall be in attendance at the workplace or other agreed starting place ready to commence work in ordinary working hours and work shall be deemed to have commenced, for each employee in attendance, at the time and place so fixed.

 

10.2     Working in ordinary working hours shall be deemed to have finished, for those employees in attendance, when the ordinary hours as applied in accordance with Clause 9, exclusive of a break for a meal, calculated from the fixed starting time, has elapsed.

 

10.3     Different starting times within the span of ordinary ·hours may apply to different groups of employees in a workplace.

 

10.4     Any employee who is not in attendance at the workplace or other agreed starting place ready to commence work at the fixed starting time or who fails to attend for their ordinary hours of work shall be paid only for the actual hours worked.

 

10.5     WAMC may only alter the time and place fixed in accordance with this clause, by notice posted for seven (7) days at the workplace or other agreed starting place, provided that the start time may be changed where it is necessary for reasons beyond WAMC's control, by notification before the end of the previous day's work or with 24 hours’ notice where work has not been performed the previous day.

 

10.6     Time spent by employees washing up shall not count as time worked after the completion of work.

 

11.       Afternoon and Night Shift Work

 

11.1     For the purposes of this clause:

 

(a)        "Afternoon shift" shall refer to the rostered ordinary hours of an employee where such hours commence in the period from 4:00pm to midnight inclusive on any Monday to Sunday.

 

(b)        "Night shift" shall refer to the rostered ordinary hours of an employee where such hours commence in the period from midnight to 4:00am inclusive on any Monday to Sunday.

 

11.2     Employees who perform work on an afternoon shift from Monday to Friday (inclusive) shall be paid a loading of 20% in addition to their ordinary rate of pay.

 

11.3     Employees who perform work on a night shift from Monday to Friday (inclusive) shall be paid a loading of 30% in addition to their ordinary rate of pay.

 

11.4     Notwithstanding anything contained in this clause, a night shift shall be paid at the rate applicable to the day on which the majority of the ordinary hours are worked.

 

11.5     Notwithstanding anything contained in this clause, employees may only work ordinary hours on a Saturday or Sunday in the circumstances and subject to the conditions prescribed by subclauses 9.3, 9.4 and 9.5 of the Hours of employment clause in this award.

 

11.6     Notwithstanding anything contained in this clause, employees who work afternoon or night shift on a Saturday or Sunday will not be entitled to any shift loading, but will be paid at the rates for Saturday and Sunday work.

 

12.       Meal Times

 

Employees shall be allowed a break for a meal each day of not more than one (1) hour's duration which shall be taken, as far as practicable, within a period of five (5) hours of commencing work; provided that such arrangement may be altered by agreement between WAMC and the employees

 

13.       Payment of Wages

 

13.1     The official pay day will be Wednesday.

 

13.2     The processing of wages shall be as follows:

 

Wages shall be paid weekly by electronic funds transfer. Wages shall be generated for disbursal on the Monday (except where a public holiday falls on the Monday in which case processing will be deferred until the Tuesday), and will include payment for all approved hours worked by employees for the previous week, Monday to Sunday inclusive, as recorded in the Mitrefinch system.

 

13.3     No employee should have the pay day changed unless given at least seven (7) days' notice.

 

14.       Public Holidays

 

14.1     The days upon which the following holidays are observed shall be holidays, namely: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day (or Labour Day), Christmas Day (25th December) and Boxing Day, together with any other days or half days which may be proclaimed as gazetted holidays.

 

(a)        Weekly Employees - All work performed on any of the abovementioned days (except Christmas Day and Good Friday) shall be paid at the ordinary rate of pay for a rostered working day multiplied by two and one-half (2½) with a minimum payment as for 7 hours 36 minutes. For all work performed on Christmas Day and Good Friday, the ordinary rate of pay for a rostered working day multiplied by three shall be paid with a minimum payment as for 7 hours 36 minutes work.

 

(b)        Casual Employees - For all time worked by casual employees on a public holiday, except Christmas Day and Good Friday, a casual employee shall be paid the ordinary casual rate of pay multiplied by two and one-half (2½) with a minimum payment as for 7 hours, 36 minutes, and for all time worked by casual employees on Christmas Day and Good Friday, a casual employee shall be paid the ordinary rate of pay multiplied by three with a minimum payment as for 7 hours, 36 minutes.

 

14.2     In any week during which a holiday is observed on any day Monday to Friday inclusive, the ordinary working time of such week shall be reduced by eight (8) hours for each holiday occurring.

 

14.3     No deduction of wages shall be made from the wages of a weekly employee who is not required to work on a holiday, provided that an employee who is required to work on a public holiday and who fails to report for duty shall not be paid for that holiday unless such employee is absent from work with reasonable excuse.

 

(NOTE: Due to the nature of the industry having regard to public health, employees are normally required to work on public holidays.)

 

14.4     For the purposes of this Award, 'Christmas Day' shall be 25 December in each year.

 

14.5     Weekly Employees - The base hourly rate of pay shall be calculated by dividing the appropriate weekly rate prescribed by the Rates of Pay Clause 11 in this Award for the employee concerned by 38.

 

14.6     Casual Employees - In the case of casual employees, the overtime rate shall be calculated on the casual rate of pay using a divisor of 38 to calculate the base hourly rate of pay.

 

15.       Overtime

 

15.1     All time worked in excess of or outside the ordinary shift shall be overtime and shall be paid for at the rate of time and one-half for the first two (2) hours and double time thereafter until the employee ceases duty or the ordinary starting time is reached, whichever first occurs.

 

15.2     When an employee is called upon to work overtime on a week day and works 2 or more hours of such overtime, such employee shall be supplied by WAMC with a suitable meal or be paid the sum specified in Table 3 of this Award in lieu thereof. Thereafter for every further four (4) hours of overtime worked a further meal shall be provided or a further meal allowance paid in lieu thereof.

 

15.3     When an employee is called upon to work overtime on weekends, a meal allowance will be paid after the first two hours of work and then after a further 4 hours continuous work. The maximum number of meal allowances that are payable on any weekend day is two per day.

 

15.4     An employee may be directed by WAMC to work overtime, provided it is reasonable for the employee to be required to do so. An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working unreasonable hours. In determining what is unreasonable, the following factors shall be taken into account:

 

(a)        the employee's prior commitments outside the workplace, particularly the employee's family and carer responsibilities, community obligations or study arrangements;

 

(b)        any risk to employee health and safety;

 

(c)        the urgency of the work required to be performed during overtime, the impact on the operational commitments of the organisation and the effect on client services;

 

(d)        the notice (if any) given by WAMC regarding the working of the overtime, and by the employee of their intention to refuse overtime; and

 

(e)        any other relevant matter,

 

15.5     Payment for overtime shall be made only where the employee works authorised. (i.e. approved or directed) overtime.

 

15.6     Weekly Employees - The base hourly rate of pay shall be calculated by dividing the appropriate weekly rate prescribed by the Rates of Pay Clause 11 In this Award for the employee concerned by 38.

 

16.       Time Off in Lieu of Payment for Overtime

 

16.1     An employee may elect, with the consent of WAMC, to take time off in lieu of payment for overtime at a time or times agreed with WAMC within twelve (12) months of the said election.

 

16.2     Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

16.3     If, having elected to take time as leave in accordance with paragraph (a) above, and the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.

 

16.4     Where no election is made in accordance with paragraph (a), the employee shall be paid overtime rates in accordance with the Award.

 

16.5     Time off in lieu shall be taken at a time mutually suitable to WAMC and the employee.

 

17.       Saturday and Sunday Work

 

17.1     An employee required to work on a Saturday, where it is not worked as an ordinary day, shall be paid at the rate of time and one-half for the first two (2) hours and double time thereafter for all time worked, with a minimum payment of four (4) hours at the appropriate rate of pay, whether the employee works for that period of time or not.

 

17.2     An employee who is required to commence work on a Saturday at 12 noon or thereafter, other than an employee working an ordinary shift, shall be paid at double time for all time worked in lieu of the rate prescribed In paragraph (a) of this subclause,

 

17.3     An employee required to work on a Sunday, other than an employee who has agreed to work Sunday as an ordinary day, shall be paid at the rate of double time for all time worked, with a minimum payment as for four (4) hours' work at the appropriate 'rate of pay, whether the employee works for that period of time or not.

 

17.4     For all work performed on Easter Sunday, the rate of double time and one-half shall be paid with a minimum payment as for four (4) hours, provided that such work continues until the employee is released from duty by WAMC.

 

17.5     The base hourly rate of pay shall be calculated by dividing the appropriate weekly rate of pay prescribed in Tables 1 and 2.

 

18.       Recall

 

18.1     An employee recalled to work overtime after leaving WAMC's business premises shall be paid for a minimum of four (4) hours' work at the appropriate rate for each time the employee is so recalled; provided that, any subsequent call-backs occurring within a four hour period shall not attract any additional payment, provided further that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four (4) hours if the job the employee was recalled to perform is completed within a shorter period.

 

18.2     This subclause shall not apply in cases where it is customary for an employee to return to WAMC's premises to perform a specific job outside the employee's ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

19.       On Call (Stand-By)

 

When an employee Is directed to be on call or on stand-by for a possible recall to duty, payment of an on call allowance shall be made in accordance with Table 3 Allowances.

 

20.       Mixed Functions

 

20.1     Where an employee is called upon in any day to do any work for which a higher rate of pay is payable than the employee's ordinary rate of pay:

 

(i)         where the time worked is less than 4 hours, the employee will be paid the higher rate for the time worked; and

 

(ii)        where the time worked is 4 hours or more, the employee will be paid the higher rate for the whole day

 

20.2     When an employee is called upon to do any work for which a lower rate of pay is so prescribed, such employee shall suffer no reduction in pay during such period.

 

21.       First Aid Allowance and Emergency Transportation

 

21.1     An employee appointed as a First Aid Officer shall be paid a First Aid Allowance at the rate appropriate to the qualifications held by such employee as specified in Table 3 in this award.

 

21.2     The First Aid Allowance shall not be paid during long service leave or any other continuous period of leave, which exceeds four weeks.

 

21.3     When the First Aid Officer is absent on leave for one (1) week or more and another qualified employee is selected to relieve in the First Aid Officer's position, such employee shall be paid a pro rata first aid allowance for assuming the duties of a First Aid Officer.

 

21.4     In the event of any serious accident happening to any employee or casual employee whilst on duty at no cost to the employee, WAMC shall provide appropriate emergency transport facilities to the nearest hospital or doctor.

 

22.       Allowance.     Payable for Use of Private Motor Vehicle

 

An employee who, with the approval of the WAMC, uses a private motor vehicle for work shall be paid an appropriate rate of allowance as provided in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 as varied from time to time.

 

23.       Compensation for Loss or Damage to Private Property

 

23.1     If damage or loss of the employee's private property occurs during the course of employment and a Workers compensation claim is rejected, WAMC may compensate an employee for damage or loss to private property.

 

23.2     For the purpose of this subclause, personal property means an employee's clothes, spectacles, hearing aid, and tools of trade or similar items which are ordinarily required for the performance of the employee's duties.

 

24.       Absence from Work

 

24.1     An employee must not be absent from work unless reasonable cause is shown.

 

24.2     If a satisfactory explanation for the absence is not provided, the employee will be regarded as absent from duty without authorised leave and WAMC shall deduct from the pay of the employee the amount equivalent to the period of the absence.

 

24.3     The minimum period of leave available to be granted shall be a quarter day, unless agreed between the employee and WAMC to allow for a lesser period to be taken.

 

24.4     Nothing in this clause affects any proceedings for a breach of discipline against an employee who is absent from duty without authorised leave.

 

24.5     Where paid and unpaid leave is available to be granted in terms of this Award, paid leave shall be taken before unpaid leave.

 

25.       Driver’s Licence

 

Where an employee's role requires them to hold a current licence, the following shall apply:

 

(a)        Upon request, the employee will produce a copy of the licence to WAMC.

 

(b)        Employees must immediately notify WAMC of any situation which may result, or has resulted, in a variation, suspension or cancellation of their licence.

 

(c)        Where an employee is unable to meet the requirements of their classification, through the suspension or cancellation of that employee's licence, that employee's services may be terminated.

 

26.       Anti-Discrimination

 

It is the intention of the parties bound by this award to seek to achieve the objectives of the relevant State and Federal legislation to prevent and eliminate discrimination in the workplace. This includes but is not limited to discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

27.       General Induction Program

 

WAMC conducts a site induction program to familiarise new employees with specific site safety requirements, job and WAMC's requirements and conditions of employment.

 

28.       Safety Induction Training

 

28.1     The purpose of this clause is to:

 

(a)        ensure that employees are certified as competent to a recognised industry standard.

 

(b)        encourage the attainment of a transferable skills base in occupational health and safety training for employees.

 

28.2     Employees must complete the training set out in paragraph 30.1) above within two (2) months of the commencement of his or her employment with an employer if the employee has not previously completed the training.

 

28.3     WAMC's obligations under subclauses 30.1 and 30.2 above will not apply to a casual employee unless the engagement has been on a regular and systematic basis for a period of at least two (2) months.

 

28.4     If an employee or prospective employee is required to undergo training pursuant to subclause 30.1 above, either prior to or after commencing employment, WAMC will pay the employee or prospective employee an hourly rate for the actual hours spent in attending the training (excluding travel time). The hourly rate will be determined by dividing the weekly rate applicable for the employee's classification or proposed classification by 38 hours and will not include payment for any overtime or any other penalties including but not limited to allowances, shift allowances or loadings. An employee shall suffer no loss of ordinary time earnings as a result of attendance at training provided pursuant to subclause 30.1 above.

 

29.       Code of Ethics and Conduct

 

29.1     Staff are required to become familiar with the WAMC Code of Ethics and Conduct.

 

29.2     Staff are required to abide by this Code and perform their duties In accordance with the spirit and intent of the Code of Ethics and Conduct.

 

30.       Workplace Health, Safety and Environment Commitment

 

The Department and its employees are committed to ensuring the highest standards of workplace health and environmental safety for all employees at workplaces. The employer and employees will work together in developing, implementing and maintaining systems of work designed to:

 

Provide safe and healthy work environments

 

Promote a safety conscious work culture

 

Eliminate or minimise hazards

 

Provide appropriate information, instructions and training for employees

 

Provide and use appropriate protective clothing

 

Maintain and care for equipment

 

Provide and participate in safety programs and initiatives

 

Report all injuries on the day of occurrence to the immediate Supervisor/Manager

 

Report all incidents on the day of occurrence to the immediate Supervisor/ Manager

 

31.       Transfer to Available Work

 

31.1     Should there be an oversupply of labour due to completion of contracts, a general downturn of industry, where insufficient work exists, or for any other justifiable reason, WAMC may transfer an employee to another location within the Greater Sydney metropolitan area where there is available work.

 

31.2     The transfer can be for a temporary, fixed or on a. permanent basis.

 

31.3     The employee shall be consulted and be provided with an opportunity to discuss with WAMC their specific circumstances. Such consultation shall provide the employee with an opportunity to consider any proposed transfer to available work being offered by WAMC. This consultation is to occur prior to any decision being made by WAMC.

 

31.4     WAMC shall consider any personal circumstances of the employee before implementing a decision resulting from 33.2 above.

 

32.       Closedown Provisions

 

32.1     Where WAMC has a requirement for operational, mechanical, health, safety and/or environment to temporarily close down a site or part of it, the following shall apply:

 

(a)        WAMC commits to communicate and consult with affected employees and the Union regarding the implementation of a close down. WAMC will advise affected employees as soon as practically possible;

 

(b)        WAMC will advise employees and the Union as soon as practical and will not provide less than four (4) weeks’ notice;

 

(c)        WAMC undertakes where an annual close down is required to utilise the resources of the employees on site wherever possible;

 

(d)        WAMC will transfer employees to alternative sites wherever possible provided that the employees can be utilised at the alternative sites;

 

(e)        WAMC may close down an enterprise or part of it for the purpose of allowing annual leave to all or the majority of the employees in the enterprise or part concerned, provided that:

 

(1)       An employee who has accrued sufficient leave to cover the period of the close down is allowed leave and also paid for that leave at the appropriate wage in accordance with Clause 4; and

 

(2)       An employee who has not accrued sufficient leave to cover part or all of the close down is allowed paid leave for the period for which they have accrued sufficient leave and given unpaid leave for the remainder of the closedown; and

 

(3)       Any leave taken by an employee as a result of a close down pursuant with this clause also counts as service by the employee with their employer; and

 

(4)       WAMC may only close down the enterprise or part of it pursuant with this clause for one or two separate periods in a year; and

 

(5)       If WAMC closes down the enterprise or part of it pursuant with this clause in two separate periods, one of the periods must be for a period of at least seven (7) consecutive days, including non-working days; and

 

(6)       WAMC and the majority of employees concerned may agree to the enterprise or part of it being closed down pursuant with this clause for three separate periods In a year provided that one of the periods is a period of at least seven (7) days, Including nonworking days; and

 

(7)       WAMC may close down the enterprise or part of it for a period of at least seven (7) days, including non-working days, and allow the balance of any annual leave to be taken in one continuous period in accordance with a roster.

 

32.2     The total combined close down period as outlined in subclauses 32.1(e) (6) and 32.1(e) (7) shall not exceed 10 consecutive annual leave days.

 

33.       Grievance and Dispute Handling Procedures

 

33.1     All grievances and disputes relating to the provisions of this award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the Department, if required.

 

33.2     A staff member is required to notify in writing their immediate manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

33.3     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 manager the notification may occur to the next appropriate level of management, including where required, to the Secretary or delegate.

 

33.4     The immediate manager, or other appropriate officer, shall convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.

 

33.5     If the matter remains unresolved with the immediate manager, the staff member may request to meet the appropriate person at the next level of management in order to resolve the matter. This manager shall respond within two (2) working days, or as soon as practicable. The staff member may pursue the sequence of reference to successive levels of management until the matter is referred to the Secretary or delegate.

 

33.6     The Secretary or delegate may refer the matter to the PSIR Branch, NSWIR for consideration.

 

33.7     If the matter remains unresolved, the Secretary or delegate shall provide a written response to the staff member and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

33.8     A staff member, at any stage, may request to be represented by their Union.

 

33.9     The staff member or the Union on their behalf or the Secretary or delegate may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

33.10  The staff member, Union, Department and PSIR Branch, NSWIR shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

33.11  Whilst the procedures outlined in subclauses (1) to (10) of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any staff member or member of the public.

 

34.       Consultation

 

34.1     Employer to notify

 

34.1.1 Where the Employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representative or representatives, if any.

 

34.1.2 Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

 

34.2     Employer to discuss change

 

34.2.1 The Employer must discuss with the Employees affected and their representatives, if any, the introduction of the changes referred to in clause 34.1, the effects the changes are likely to have on Employees and measures to avert or mitigate the adverse effects of such changes on Employees and must give prompt and genuine consideration to matters raised by the Employees and/or their representatives in relation to the changes.

 

34.2.2 The discussions must commence as early as practicable after a definite decision has been made by the Employer to make the changes referred to in clause 34.1.

 

34.2.3 For the purposes of such discussion, the Employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no Employer is required to disclose confidential information the disclosure of which would be contrary to the Employer’s interests. 

 

34.3     Employees affected by workplace change will be managed in accordance with the

 

NSW Government's Managing Excess Employees Policy, as amended from time to time.

 

35.       No Extra Claims

 

35.1     Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014, there shall be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the Employees covered by the Award that take effect prior to 14 September 2016 by a party to this Award.

 

36.       Area, Incidence and Duration

 

36.1     This award applies to all staff of the Department of Finance, Services and Innovation attached to the Waste Assets Management Corporation in the classifications listed in Table 1 and Table 2 of Part B, Monetary Rates.

 

36.2     This award shall take effect from the beginning of the first pay period to commence on or after 15 September 2015 and remains in force for a period of 12 months’ or until varied or rescinded.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay Landfills

 

Employees in the classifications set out below shall be paid in accordance with the wages table below.

 

Classification - Grade

Weekly rate

 

Includes those employees engaged in the operations associated with transfer

First Full pay

 

stations.

period on or

 

 

after 15

 

 

September 2015

 

Depot Hand - 1

Litter control, cleaning, pump operation, Litter control,

$993.90

 

 

cleaning, pump operation, customer service, traffic control,

 

 

 

operator in training, leachate, stormwater wheel wash

 

 

 

resource recovery. and general duties

 

 

Operator - 2

All previous + competent packer & fixed plant operation

$996.79

 

Operator - 3

All previous + ticketed and assessed to operate: loader /

$1,009.86

 

 

backhoe or excavator less than or equal to a manufacturer's

 

 

 

classification of 10 tonnes or a trainee docker or forklift or

 

 

 

skid steer or telescopic loader < a manufacturer's

 

 

 

classification of 3.5 tonnes or tractor/slasher and associated

 

 

 

attachments.

 

 

Operator - 4

All previous + excavator greater than a manufacturer's

$1,024.50

 

 

classification of 10 tonnes and less than or equal to a

 

 

 

manufacturer's classification of 20 tonnes

 

 

Operator - 5

All previous + Shredder Operator

$1,044.98

 

Operator - 6

Ticketed and assessed for dozers up to Caterpillar 09 or

$1,237.89

 

 

equivalent capacity, graders, dump trucks, compactors,

 

 

 

rollers, scrapers, excavator greater than a manufacturer's

 

 

 

classification of 20 tonnes

 

 

Operator -7

All the above + operate dozers equal to or larger than a

$1,247.60

 

 

Caterpillar 010 or equivalent capacity.

 

 

Weighbridge

Weighbridge

Trainee weighbridge, checklist requirements

$955.67

 

Trainee - 1

 

 

 

Weighbridge - 3

Weighbridge Operator, including data entry

$1009.87

 

Weighbridge - 5

Weighbridge operator- additional duties including all of:

$1,044.98

 

 

ordering, run sheet/data input, site fuel control, training (not

 

 

 

including induction training) compliance and data entry,

 

 

 

contacting replacement employees.

 

 

Allowances - supervisory allowances subject to operational and commercial requirements

Leading Hand

Paid when having direct responsibility for over 3 and up to 8

$34.13 pw

 

 

other employees. In order to receive this allowance, any

 

 

 

employee required to perform the duties of Leading Hand will

 

 

 

be required to be the first point of contact for issues that arise

 

 

 

during the working day. The Leading Hand will determine

 

 

 

appropriate action or seek advice from a Supervisor or

 

 

 

Manager if unclear as to an appropriate action to take.

 

 

Assistant

Paid when having direct responsibility for over 8 employees.

$68.28 pw

 

Supervisor

In order to receive this allowance, any employee required to

 

 

 

perform the role of

 

 

 

Assistant Supervisor will have most (if not all) of the

 

 

 

competencies to perform the roles under their supervision

 

 

 

and has the relevant licences required to perform this role;

 

 

 

or has demonstrated ability to attain these competencies

 

 

 

within a defined time.

 

 

 

The duties of an Assistant Supervisor include:

 

 

 

           Provide a first point of contact for issues that arise;

 

 

 

           Assist with the delegation of work;

 

 

 

           Assist with reporting, incident investigations;

 

 

 

           Assist with ensuring adherence to WAMC's customer

 

 

 

service standards;

 

 

 

           Support the application of safety standards in the

 

 

 

work area

 

 

Site Supervisor

Paid at the highest applicable rate for the group of employees

$170.68 pw

 

 

that is being supervised and weekly allowance.

 

 

 

To receive this allowance, any employee required to perform

 

 

 

the duties of Supervisor has all the competencies to perform

 

 

 

the roles under their supervision and has the relevant

 

 

 

licences required to perform this role.

 

 

 

The duties of a Supervisor include but are not limited to:

 

 

 

           Delegate work on a day-to-day basis;

 

 

 

           Carry out tasks such as reporting, incident

 

 

 

investigations;

 

 

 

           Oversee adherence to WAMC's customer service

 

 

 

standards;

 

 

 

           Ensure safety standards are applied in the work area;

 

 

 

           General administrative functions

 

 

 

*AII employees are required to perform the duties applicable to their level of work, as well as work of lower classifications from time to time.

 

Payments:

 

Over the term of this Award WAMC will pay the applicable Weekly Base Rate from the first full pay period commencing on or after the dates in this schedule based upon employees commitment to implement productivity and operational improvements from the first full pay period commencing on or after the dates in this table.

 

Productivity and Operational Improvements:

 

Employees and Management will work together to achieve the following specific targets, without increasing resources;

 

1.         An improvement in Lost Time Injury Frequency Rate (LTIFR) to <10;

 

2.         Improved Resource Recovery;

 

3.         Achieve the targeted compaction rate for the site;

 

4.         Achieve targeted turnaround times of <20 minutes at landfill operations.

 

Operational Improvements which shall include but are not limited to:-

 

5.         Employees will work with management to implement health and safety programs to avoid lost time. These initiatives will include but are not limited to:

 

a.         Verbally report all Injuries on the day of occurrence to the immediate Supervisor / Manager prior to the employee ceasing duty,

 

b.         Verbally reporting all incidents on the day of occurrence to the immediate Supervisor /Manager prior to the employee ceasing duty,

 

c.         participating in OH&S consultative committees,

 

d.         advising treating doctors of WAMC's return to work programs,

 

e.         working with management to prepare return to work programs in the event of a lost time incident;

 

f.          being available to meet with the supervisor/Manager for injury / incident discussion prior to ceasing duty (except where urgent medical attention is required).

 

6.         Employees will support WAMC's Integrated Management System.

 

7.         Work with management to achieve compaction targets for each landfill. Where applicable utilize new technology to monitor compaction and modify work practices for operating machinery to achieve targeted compaction rates.

 

Table 2 - Rates of Pay WAMC Engineering Trades

 

WAMC Classification Level

Weekly Rate

Leading Hand Mechanic

$1,413.09

Mechanic

$1,413.09

Trades Assistant

$1,010.07

 

These rates are all inclusive and cover all allowances and special rates covered in previous agreements and awards, unless otherwise specified in this Award.

 

Table 3 Allowances

 

Allowances

Weekly amount

Mechanic Supervisor

Responsible for supervising a designated work group,

$114.67 per week

 

allocating and controlling work and completing

 

 

necessary administrative tasks.

 

Tool Maintenance

Supply and maintain a personal toolkit to the level

$22.94 per week

 

agreed with the supervisor

 

Meal Allowance

This allowance is paid when a meal allowance is required

$14.90 per meal

 

in accordance with this Award

period

First Aid Allowance

This allowance is paid to nominated employees who are

$18.82 per week

 

trained and qualified to render first aid.

 

 

Explanatory Notes in relation to Tables 1 - 3:

 

*          All rates in Tables 1 and 2 incorporate the Disability Allowance and Additional Sick Leave Allowances.

 

 

 

 

I. TABBAA, Commissioner

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

 

 

 

* to download attachment
  
IE UsersRight click the attachment - Click 'Save Target As' - Select a location - Click 'Save'
Netscape UsersRight click the attachment - Select 'Save Link As' - Select a location - Click 'Save'