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New South Wales Industrial Relations Commission
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Crown Employees (Roads and Traffic Authority of New South Wales - Toll Plaza Officers) Award
  
Date05/02/2008
Volume365
Part3
Page No.851
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6505
CategoryAward
Award Code 811  
Date Posted05/02/2008

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(811)

(811)

SERIAL C6505

 

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 1693 of 2007)

 

Before Commissioner Ritchie

3 March 2008

 

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.       Grievance Resolution

15.       Dispute Settlement

16.       Anti-Discrimination

17.       Deduction of Union Membership Fees

18.       Area, Incidence and Duration

 

Table A - Rates - Allowances

 

Appendix A - Grievance Resolution Policy

 

2.  Definitions

 

RTA or Authority: Roads and Traffic Authority Division of the Government Service of New South Wales established under Chapter 1A of the Public Sector Employment and Management Act 2002 (NSW).

 

PSA or Association:  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. 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 subclause (ii), of this clause, for all time worked in excess of eight hours on each shift.

 

(vii)      The Authority may require an employee to work reasonable overtime at overtime rates. An employee may refuse to work overtime in circumstances where the working of overtime would result in the employee 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 employee’s health and safety

 

(b)        the employee’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 employee 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 subclause (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) 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)        Subject to paragraph (g) of this subclause, 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) Award.

 

(g)        Other forms of leave and carer’s responsibilities

 

An employee may elect, with the RTA’s agreement, to take annual leave at any time within a period of 24 months from the date at which it falls due, for the purpose of satisfying their carer’s responsibilities.

 

(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.  Grievance Resolution

 

(i)         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.

 

(ii)        The RTA has a Grievance Resolution Policy and a Grievance Resolution Procedure which should be observed when grievances arise.

 

(iii)       The RTA’s policy is detailed in Appendix A.

 

(iv)       While the policy and procedure are being followed, normal work will continue.

 

15.  Dispute Settlement

 

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

 

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

 

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

 

(a)        If a dispute arises in a particular work location which cannot be resolved between employees 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 PSA.

 

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

 

(c)        If the issue cannot be resolved at this level, the issue may be referred to the Industrial Relations Commission of NSW

 

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

 

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

 

16.  Anti-Discrimination

 

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

 

(ii)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this Award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in 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.

 

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

 

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

 

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

 

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

 

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

 

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

 

(v)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

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."

 

17.  Deduction of Union Membership Fees

 

(i)         The Association shall provide the Authority 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 subclauses (i) and (ii) of this clause, the Authority shall deduct Association membership fees from the salary of any employee who is a member of the Association in accordance with the Association’s rules, provided that the employee has authorized the Authority to make such deductions.

 

(iv)       Monies so deducted from employees’ salary shall be forwarded regularly to the Association together with all necessary information to enable the Association to reconcile and credit subscriptions to employees’ 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 employees’ salary and forwarded to the Association each pay period.

 

(vi)       Where an employee 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 employee to make a fresh authorization in order for such deductions to continue.

 

18.  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  17 December 2004 (347 I.G. 827) 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 3 March 2008.

 

(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

22.60

2

12 (ii)

Care/cleaning of uniform clothing

0.2105/hr

 

Appendix a

 

GRIEVANCE RESOLUTION POLICY

 

Policy Number: PN 026

 

(Human Resources Manual)

 

RTA Corporate Policy

 

GRIEVANCE RESOLUTION POLICY

 

Purpose and intended outcomes

 

To make RTA staff aware of what constitutes a grievance and the responsibilities of all staff in preventing and managing such matters so that:

 

staff work in a collaborative and cooperative way;

 

workplace grievances are resolved in a timely manner; and

 

the RTA maintains a safe and healthy work environment.

 

Note:  This policy must be read in conjunction with the Grievance Resolution Procedure PN 026P.

 

Policy

 

To support the Code of Conduct and Ethics all RTA staff are to:

 

treat others in a professional, courteous, respectful and fair way;

 

communicate with each other and management in an open and honest manner;

 

raise their workplace grievances at an early stage and aim to resolve them at the local level;

 

actively participate in the resolution of workplace grievances;

 

treat grievance matters in a private, confidential, and timely manner;

 

respect the right of others to raise grievances; and

 

not victimise or disadvantage any parties to a grievance.

 

Coverage

 

This policy covers:

 

permanent staff;

 

temporary staff;

 

casual staff; and

 

skill hire and professional services contractors.

 

Scope

 

This policy may be used by:

 

staff to address workplace grievances with other staff; and

 

managers to resolve workplace grievances between staff.

 

This policy does not cover:

 

OHS and workers compensation matters;

 

poor performance issues;

 

harassment, discrimination or workplace bullying matters;

 

fraud and corruption, maladministration or serious and substantial waste of resources; or

 

matters that require disciplinary action.

 

If a grievance is investigated and it is found that the matter is related to work performance or disciplinary issues, the grievance process is to terminate immediately.  The RTA has other processes for managing these issues eg. Management of Unsatisfactory Performance and Conduct Policy, Harassment, Discrimination and Workplace Bullying Policy, Corruption and Maladministration Prevention Policy and the Discipline Policy.

 

Definitions and Key Terms

 

Grievance

 

A grievance is a personal concern/problem about work or the work environment that the staff member seeks hearing or resolution of, and may be the result of a perceived or actual concern regarding:

 

allocation of work or development opportunities;

 

workplace communication difficulties, or interpersonal dispute; and

 

changes in work processes/practices.

 

Detailed information on how to raise and resolve grievances are contained in the Grievance Resolution Procedure.

 

Grievant

 

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

 

Respondent

 

The staff member who is claimed to be the cause of the grievance is referred to as the Respondent.  There may be more than one Respondent in a grievance matter.

 

Grievance Network Coordinator (GNC)

 

The GNC, Human Resources Branch administers the support system for Grievance Contact Officers (GCOs). The GNC is responsible for co-ordinating the recruitment, selection and training of GCOs and arranging mediations.  The General Manager, Human Resources will approve GCO selections.

 

Applicants will require their manager’s approval to be released to undertake GCO duties.

 

Grievance Contact Officer (GCO)

 

The GCO is recruited and supervised in GCO role by the GNC, HR Branch.  Their role is to assist both the grievant and respondent generate options to resolve their grievance, direct the grievant or respondent to appropriate RTA policies and procedures or other available services i.e. Employee Assistance Scheme (EAP), the OHS Hotline or the Ethics Hotline.

 

The GCO will not:

 

take sides;

 

make judgements; or

 

act as an advocate or spokesperson for the Grievant of Respondent.

 

A list of GCOs is available on the RTA Phone Guide and in every issue of Human Resources Notices.

 

Background

 

Interpreters

 

Where a staff member has difficulty in communicating effectively in English, an interpreter may be used.  Only accredited interpreters are to be used in order to minimise risks to privacy and error.  The HR Branch, on advice from the GCO or the Grievant’s manager, will make the necessary arrangements to engage an interpreter.  The business unit where the grievance has transpired will be responsible for any associated cost. 

 

Confidentiality

 

All forms of information about a grievance are to be restricted to those individuals who need to know the information in order to resolve the grievance.  Access to Grievance Files is highly restricted.  Access provisions can be located in Attachment B of Corporate Policy Statement No.26, "Employees’ Personal Records Policy."

 

Documentation

 

When managers are dealing with a grievance locally they are to take brief, factual diary/file notes that avoid personal opinions.  These notes are to be retained by the manager for one year.

 

Where a manager has attempted to resolve a grievance unsuccessfully and the matter is escalated to the General Manager, detailed documentation is required. 

 

Records include:

 

names of parties to the grievance;

 

grievance details;

 

sufficient information to establish that a satisfactory process took place;

 

the outcome and reasons for the decision; and

 

any recommendation for action.

 

This documentation is to be retained by local management for one year.

 

If the grievance matter is referred for mediation through the GNC, a Grievance File will be created. Grievance files are to be retained for five years after settlement of the grievance.  Grievance records are to be kept confidential and on a separate Grievance File, not on Personal or other RTA files.  The RTA Document Management Section, Auburn, creates Grievance Files. 

 

If the grievance is referred to an external body for settlement, the GNC must be notified and will create a Grievance File, which must be kept for 5 years. 

 

If the grievance sets a precedent and results in significant change to RTA corporate procedure the file must be kept for ten years.  In such a case the General Manager, Human Resources must be contacted.

 

Vexatious Claims

 

A vexatious claim is a grievance reported without sufficient grounds for action.  Vexatious claims include but are not limited to those that are:

 

malicious;

 

raised to annoy or harass the respondent;

 

lacking in substance; and/or

 

frivolous.

 

Where a complaint is found to be vexatious, malicious or substantially frivolous and reported only to annoy or harass the Respondent, the staff member reporting the original grievance may be dealt with under the provisions of the RTA’s Harassment, Discrimination and Workplace Bullying Policy or Discipline Policy.

 

Protection

 

Any staff member who is involved in a grievance in accordance with the RTA grievance procedures, or is required to prepare a report concerning another member of staff in relation to a grievance, is protected against any action for defamation provided they:

 

do not intentionally make a vexatious, malicious or substantially frivolous complaint;

 

raise the grievance in accordance with these established procedures and confidentiality is maintained; and

 

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

 

Mediation

 

Mediation provides the opportunity for a trained, independent person to assist in the resolution of the grievance.  The mediation may result in the parties agreeing to and signing an agreement or understanding.  The General Manager and/or Branch Manager must approve the engagement of an external mediator.  Mediators are to be engaged through the GNC, HR Branch who manages the RTA Mediator Panel.

 

Appeal Right

 

Any Grievant who is dissatisfied with his or her treatment in terms of the Grievance Resolution Policy procedures may appeal to the Director or Chief Executive Officer for a re-examination of the matter.  This appeal right does not in any way diminish a Grievant’s right to seek the assistance or support of his or her union or staff association in the matter.  Appeals must be lodged within 21 days from the date that the parties involved in the grievance are advised of the outcome.

 

Employee Assistance Program

 

The Employee Assistance Program (EAP) is available to assist all staff and their families.  The service offers short term face-to-face or telephone professional advice and counselling to help cope with personal, family and work related issues.

 

Responsibilities

 

Title

Responsibilities

 

 

Staff

Ensure their behaviour is aligned with the RTA Code of Conduct and Ethics

 

 

 

Report inappropriate behaviour in the workplace when witness to it, or when it

 

is brought to their attention.

 

 

 

Participate in grievance resolution and maintain confidentiality in the process as

 

and when required.

 

 

 

Not participate in the harassment or victimisation of any party involved in a

 

grievance.

 

 

 

Not lodge vexatious, frivolous or malicious grievances.

 

Managers

Promote, explain and model the standards of behaviour expected of staff

 

members as set out in the RTA Code of Conduct and Ethics.

 

 

 

Be familiar with and actively promote and support the RTA Grievance

 

Resolution Policy, procedures and strategies.

 

 

 

Monitor the workplace for early identification and resolution of grievances.

 

 

 

Chair grievance related meetings and make grievance related decisions based

 

on fact.

 

 

 

Ensure confidentiality in the process except where there is a serious breach of

 

an RTA policy or where there are grounds to believe there may be harm or injury to

 

person or property in which case the matter must be referred to an appropriate

 

person.

 

 

 

Make appropriate arrangements to release a selected GCO to carry out his/her

 

GCO duties.

 

 

Grievance Contact

Advise their manager of the time involved in dealing with a grievance and make

Officers

reasonable arrangements to carry out their normal duties.

 

 

 

Assist the Grievant or Respondent to identify the options available to address

 

the grievance.

 

 

 

Direct the Grievant or Respondent to appropriate RTA policies, procedures or

 

services (e.g. Ethics Hotline or EAP)

 

 

 

Refer the Grievant to an appropriate staff member responsible for handling

 

grievances.

 

 

 

Complete a Grievance Resolution Report for each grievance received and

 

forward to the GNC, HR Branch.

 

 

 

Notify GNC of any changes to their contact details and work location.

 

 

Grievance Network

Recruit, select, train and supervise GCOs in their role as a GCO. 

Coordinator

 

 

Coordinate the grievance resolution network and case management

 

system.

 

 

 

Ensure that the practices and processes applied and decisions proposed in

 

individual workplace grievance cases are equitable and conform to RTA policy,

 

legislation and industrial instruments.

 

 

 

Provide grievance resolution advice to line management.

 

 

 

Manage and report on administrative and contract matters associated with

 

grievance resolution.

 

 

 

Facilitate Grievance Resolution workshops to ensure that grievance

 

resolution is communicated and understood.

 

 

 

Manage and coordinate the RTA panel of mediators. 

 

Evaluation

 

This policy will be evaluated as appropriate, taking into account changes to New South Wales and Commonwealth legislation, identification of changing trends, and feedback provided to Human Resources Branch on its effectiveness.

 

Breaches

 

The RTA may take disciplinary action (including the termination of services) against any staff member who breaches this policy and the RTA Code of Conduct and Ethics.

 

Quality Records

 

2M4203

 

Additional Information

 

Legislation

 

Anti-Discrimination Act 1977 (NSW)

 

Occupational Health and Safety Act 2000 (NSW)

 

Industrial Relations Act 1996 (NSW)

 

Privacy and Personal Information Protection Act 1998 (NSW)

 

Reference documents

 

Human Resources Manual, Grievance Resolution Procedure

 

Human Resources Manual, Code of Conduct and Ethics

 

Human Resources Manual, Harassment, Discrimination and Workplace Bullying Policy

 

Human Resources Manual, Employee Assistance Program Policy

 

Human Resources Manual, Corrupt Conduct and Maladministration Prevention Policy

 

Corporate Policy Statement 26, Employees’ Personal Records Policy

 

Contact details:

 

Grievance Contact Officer - Procedural advice

 

Human Resource Adviser - Policy enquiries

 

Grievance Network Coordinator, Human Resources Branch

 

Effective date: September 2006.

 

Review date: No later than September 2009.

 

Policy replaces: This policy replaces the RTA Grievance Resolution Policy version 2.1 issued on 25 February 2005.

 

 

 

D.W. RITCHIE, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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