Newcastle
City Council Award 2006
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Newcastle
City Council.
(No. IRC 1056 of 2006)
Before The Honourable Mr
Deputy President Harrison
|
2 March 2006
|
AWARD
1. Arrangement
Clause No. Subject Matter
2. Definitions
3. Parties,
application and duration
Communication,
Engagement and Involvement
4. Preamble
and Intent
5. Employment
Levels
6. Occupational
health, Safety and Rehabilitation
7. Equal
Employment Opportunity
8. Anti-Discrimination
9. Learning
and Development
10. Management,
Union and Employee Relationship
11. Consultation
12. Change
Contract of
Employment
13. General
14. Types of
Employment
15. Apprenticeship
and Traineeship
16. Employment
Promotion and Appointment
17. Probation
18. Termination
Of Employment
19. Redeployment
And Redundancy
20. Salary
System
Hours of Work
21. Ordinary
Hours
22. Flexible
Working Arrangements
23. Meal Breaks
And Meal Allowances
24. Work
Rosters and Penalties
25. Overtime
Leave
Leave
26. Annual
Leave
27. Long
Service Leave
28. Sick Leave
29. Carers’
Leave
30. Public
Holidays
31. Parental
Leave
32. Bereavement
Leave
33. Leave
Without Pay
34. Blood Bank
Leave
35. Avoiding
and Resolving Grievances
36. Managing
for Performance General
37. Organisational
Pay Increases
Monetary Rates
Table 1 - Ordinary Rates of Pay - Trainees and
Apprentices
Table 2 - Ordinary Rates of Pay - All Other Employees
Table 3 - Other Rates and Allowances
Appendix A- Hours of Work - Continuing Arrangements
Appendix B - Skills/Qualifications Allowances
2. Definitions
2.1 Ordinary
Hourly Rate means the Ordinary Rate for an employee divided by their ordinary
weekly hours of work.
2.2 Ordinary Rate
means the ordinary salary rate for an employee in accordance with Clause 20 and
the rates set out in Table 1 or Table 2.
2.3 Permanent
employee means a Full Time or Part Time employee engaged under an ongoing
contract of employment. Temporary, Fixed Term or Project employees, Casual
employees, Apprentices and Trainees are not Permanent employees.
2.4 Weekly
employee means an employee other than a casual employee.
2.5 Unions means:
The New South Wales Local Government, Clerical, Administrative,
Energy, Airlines and Utilities Union (USU);
The Local Government Engineer's Association of New
South Wales (LGEA);
The Development and Environmental Professionals'
Association (DEPA).
3. Parties,
Application and Duration
3.1 This award
shall be known as the Newcastle City Council Award 2006 (The Award).
3.2 The Parties to
the Award are Newcastle City Council (NCC) and the Unions.
3.3 The Award
shall be binding on the Parties and all employees of NCC, other than those
covered by Entertainment and Broadcasting Industry - Live Theatre and Concert
Award 1998 and Senior Officers as defined in the Local Government Act
1993.
3.4 The Award
rescinds and replaces the Newcastle City Council Employees’ Award 2003
published 13 February 2004 (343 I.G. 228) and the Newcastle City Council Top
Value Partnership Award 2003.
3.5 This Award
will commence from the first full pay period to commence on or after 2 March
2006 and will remain in force for 3 years.
Communication, Engagement and Involvement
4. Preamble and
Intent
4.1 The vision and
strategic direction identified in NCC’s Management Plan represent the broad
context in which the Parties’ commitments in this Award will operate.
Our task as an organisation is to implement the
Management Plan. As we carry out our
responsibilities we will be guided by the organisation’s values.
4.2 The Parties
are committed to the continuing development of work teams across the whole
organisation. The organisation will
ensure that teams have the opportunity to discuss actions leading to continuous
improvement.
One of the key outcomes of a continuous improvement
process is an increase in flexibility of both operations and individual staff.
Continuous improvement processes and the need to
demonstrate external competitiveness may in time impact upon the core levels of
permanent employees within each work team. To ensure the optimal use of core
permanent employees, the interchange ability of employees with similar skills
and training will be utilised to perform similar work activities. Additional
training will be provided to facilitate the maximum degree of interchange
ability.
In the context of employment security, continuous
improvement may result in jobs and functions within the organisation not
remaining as they are. As this change occurs, staff will need to gain new
skills and accept new responsibilities.
4.3 Current
policies, work systems and procedures, organisation structures, award
provisions, hours of work or any other conditions will not limit the investigation
of barriers to improvements and changes as determined and agreed by the work
teams and management. The Parties to this Award also recognise the changing
needs of the community in regard to the availability of flexible employment
arrangements of various types.
It is therefore an objective of the Parties to provide
maximum flexibility in regard to employment arrangements available within NCC
whilst ensuring that budgetary requirements are observed and existing employees
are not disadvantaged.
4.4 The Parties
are committed to ensuring that, as far as possible, the workplace accommodates
the reasonable requirements of employee’s work, life and family
responsibilities to enable employees to manage the demands of work and their
other life activities while they achieve the common objectives for the
business. Flexibility will be considered where the business needs can continue
to be met and there are real benefits to both the employee and NCC.
5. Employment Levels
Employees are the organisation’s most valuable asset. It is
agreed that security of employment assists employees in providing Top Value
service to rate-payers. Providing services at competitive rates will continue
to ensure employment security for employees.
6. Occupational
Health, Safety and Rehabilitation
6.1 NCC, the
Unions and all employees will strive to improve the standards and practices of
OHS in all work places and will regard all relevant legislation, regulations,
standards and Codes of Practice as the minimum acceptable standards.
6.2 NCC, the
Unions and all employees are committed to a systems approach to managing
Occupational Health and Safety with the objective to achieve a zero harm
workplace.
The commitment includes:-
Application and participation in the risk assessment
process;
Documenting medium to high risk processes and following
the documented procedures;
Consultation on all OHS matters;
Communicating OHS information;
Provision of, and attendance at OHS training;
Participation in Return to Work programs following
injury and illness.
7. Equal Employment
Opportunity
7.1 The Parties to
the award are committed to the application of equal employment opportunities
principles. The adoption of these principles will continue to ensure that
employees are provided with a work environment free of discriminatory practices
and equity in all employment opportunities and related issues.
7.2 To continue to
achieve NCC’s EEO program, all Parties agree to cooperate in the activities
associated with the on-going review and implementation of NCC’s EEO Management
Plan. The annual review of the plan will address relevant employee issues to
ensure the elimination of discriminatory practices, including harassment, and
aim to continue to raise the awareness level and knowledge of employees in EEO
principles in all facets of their work.
8.
Anti-Discrimination
8.1 It is the
intention of the Parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity and age.
8.2 It follows
that in fulfilling their obligations under the dispute resolution procedure prescribed
by this award the Parties have obligations to take all reasonable steps to
ensure that the operation of the provisions of this award are not directly or
indirectly discriminatory in their effects. It will be consistent with the
fulfilment of these obligations for the Parties to make application to vary any
provision of the award which, by its terms or operation, has a direct or
indirect discriminatory effect.
8.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
8.4 Nothing in
this clause is to be taken to affect:
(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.
8.5 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.
9. Learning and
Development
9.1 Learning and
development opportunities will continue to be offered to all employees in order
to develop a high performance and flexible workforce achieving increased job
satisfaction.
Employees will be encouraged and given the opportunity
to acquire additional skills to improve their career opportunities in line with
organisational objectives.
9.2 Learning and
Development will primarily be discussed and identified through the Performance
Development System.
All permanent employees will have a Performance
Development - Action Plan. The Performance Development System is about helping
employees and teams achieve continuous improvement to reach Top Value. It is
about providing feedback on performance and discussing an employee’s objectives
within NCC. Action Plans will be agreed between NCC and the employee as part of
the Performance Development meeting.
9.3 Learning and
Development will also be identified through a development plan for employees
appointed to Level 1 and Level 2 of the salary range for their role in
accordance with the salary system. The development plan will be developed by
management in consultation with the employee, with the aim of satisfying
selection criteria thereby allowing the employee to progress to Level 3.
9.4 Identification
of training needs may be raised through the Training Request (TITN) form. This
process allows teams and/or individuals to nominate for training in line with
team/organisational objectives on an as needs basis.
9.5 Learning and
Development may also be identified through meetings held in accordance with the
Counselling and Disciplinary Procedure.
9.6 Learning and
Development initiatives may take various forms, for example, formal training,
on the job training, mentoring, secondment to external organisations or within
NCC.
NCC shall provide support to ensure Learning and
Development is consistent with this clause.
10. Management, Union
and Employee Relationship
The Award is based on a continuing collaborative
relationship between management, employees and Unions. To maintain this
relationship requires:
Effective and timely communication between Management,
employees and Unions;
Discussion and consultation on change;
Opportunity for employees to contribute ideas, views
and suggestions, and have those considered;
Recognition of the role of union delegates and
representatives;
Opportunity for union representatives and management to
discuss issues.
11. Consultation
11.1 The Parties to
the Award are committed to a collaborative effective working relationship to
enhance workplace efficiency and productivity.
11.2 A Consultative
Committee representative of the NCC workforce will be maintained. The committee
will include two employees nominated by the USU, one employee nominated by each
of DEPA and LGEA, two staff representatives elected by staff and management
representatives nominated by the General Manager. An Officer of each Union may
participate in all Committee meetings. The Committee shall meet regularly as it
determines, but not more often than monthly.
11.3 The purposes of
the Committee are to:
foster constructive relations between employees,
management and Unions;
openly discuss and consider significant workplace
issues;
review operational performance and effectiveness;
make recommendations and observations for management
consideration;
achieve collaboration and consensus.
12. Change
12.1 Change includes
but is not limited to:
changes in work practices, job redesign, staffing
levels and structure;
changes which may involve redundancies;
introduction of new technology;
changes to service delivery;
changes to the days on which work is performed.
12.2 Workplace
change will be discussed with affected employees before decisions are made. The
discussion will allow opportunity for input and consideration of alternatives.
In discussing workplace change, the following matters shall be addressed:
the reason/need for change;
the changes proposed and alternatives;
the effects of the change;
how the change could be implemented;
the timeframe for change;
the timeframe for input, consideration and feedback;
measures to mitigate or reduce adverse impacts on
employees.
12.3 Consultation
will also include discussions with the relevant Union if requested by an
employee directly affected by the change.
Contract of Employment
13. General
13.1 An employee may
be engaged as a Full Time, Part Time or Casual employee, as an Apprentice or as
a Trainee.
13.2 Employment
shall be by the week, except for Casual employees. A Weekly Employee shall be
entitled to a week's pay at ordinary rate for every week, but shall not be
entitled to pay for time not worked unless the absence was covered by approved
paid leave, or caused by and/or due to circumstances for which NCC could
reasonably be held responsible.
13.3 An employee
shall perform such work as the NCC requires, provided that the employee has the
skills, training and experience to undertake the work in a safe and effective
manner. An employee may be required to
work reasonable overtime, including attending NCC meetings.
13.4 An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
13.5 For the purposes
of subclause 13.4 what is unreasonable or otherwise will be determined having
regard to:
any risk to employee health and safety;
the employee’s personal circumstances including any
family and carer responsibilities;
the needs of the workplace or enterprise;
the notice (if any) given by the employer of the
overtime and by the employee of his or her intention to refuse it; and
any other relevant matter.
13.6 NCC may deduct
payment for any day an employee cannot be usefully employed because of any
strike, or any unexpected stoppages of work from a cause which NCC cannot
reasonably prevent. No deduction shall be made from a weekly employee on
account of wet weather.
14. Types of
Employment
14.1 A Full Time
employee is engaged to work the Full Time ordinary hours specified in clause 21
and is entitled to all the provisions of the Award.
14.2 A Part Time
employee is engaged to work a regular number of hours less than the Full Time
ordinary hours specified in clause 21.
A Part Time employee may work additional ordinary hours, paid at the
ordinary hourly rate, up to the number of Full Time hours, by agreement with
management. Job Share is a form of Part
Time work. A Part Time employee is
entitled to the provisions of the Award in proportion to the hours they work.
14.3 An employee may
change from Part Time to Full Time employment or from Full time to Part Time by
agreement with NCC.
14.4 A Fixed Term or
Project employee is a Full Time or Part Time employee engaged for a fixed term
or project. An employee will only be engaged for a fixed term in positions
which are of a fixed term or non continuous nature.
14.5 A Temporary
employee is a Full Time or Part Time employee engaged to supplement or
temporarily replace Permanent employees.
14.6 A Casual
employee is an employee engaged and paid on an hourly basis. A Casual employee is paid the ordinary
hourly rate for the work performed, plus a casual loading of twenty per cent,
for each ordinary hour worked. Any penalty or overtime rates are calculated
excluding the casual loading.
14.7 A Casual
employee will be paid a minimum of 2 hours per casual engagement irrespective
of the time worked.
14.8 Casual employees
may be engaged to supplement Weekly employees, to cover peak levels of
activity, or to replace short term absences of Weekly employees.
15. Apprenticeship
and Traineeship
15.1 An
apprenticeship or indentured traineeship under the Apprenticeship and
Traineeship Act 2001 may be established.
NCC may engage a non-indentured trainee to pursue a relevant course of
external study while working for NCC.
15.2 An apprentice
or trainee may perform any duties providing relevant experience in any appropriate
aspect of NCC activities.
15.3 An apprentice
or trainee under 18 years of age will not be required to work overtime or shift
work unless they so desire.
15.4 There is no
guarantee of continued employment on completion of an apprenticeship or traineeship.
16. Employment
Promotion and Appointment
16.1 Employment on
Merit
Employment and promotion will be on merit. When
assessing merit the following criteria will be considered:
Demonstrated competencies;
Qualifications and/or specialist knowledge and/or
skill;
Relevant experience for the position;
Satisfaction or capacity to achieve position selection
criteria;
Performance in previous position(s) including
attendance and punctuality.
Where a decision on an appointment rests between an internal
applicant and an external applicant of equal merit, preference will be given to
the internal applicant.
Upon request, unsuccessful internal applicants will be
given in writing the reasons for not being appointed.
16.2 Written details
of employment conditions
On being offered a position, an employee will be
provided written confirmation that employment is covered by this Award and:
The type of employment (Full time, Part Time, Casual,
Temporary or Fixed Term);
The hours and days to be worked;
The work to be performed and position description;
The classification and rate of pay.
During employment, any changes to employment
arrangements in accordance with the Award will be confirmed in writing to the
employee.
17. Probation
The probationary period will be used to assess whether the
employee has the skills and ability needed to carry out the job in accordance
with the Position Description and consistent with NCC’s Code of Conduct.
17.1 All new
permanent and temporary employees will be employed for a probationary period at
the commencement of their employment.
The employee will be advised of the duration of the probationary period
in their letter of offer.
17.2 Duration of the
Probation Period
The length of the probationary period will be determined
considering the nature of the employment.
Ordinarily the probationary period will be for a period of three months
however there may be circumstances where a lesser period or greater period (up
to 6 months) will be applied.
Probationary periods greater than three months may apply in cases where
the nature of the role is such that it is not possible to fully assess the
suitability of the employee during a three-month period. Typically, these would
be management or specialist positions.
17.3 Extension of
the Probation Period
The probationary period shall be extended for a further
period of up to three months upon the expiration of the initial probationary
period where:
The level of performance does not meet the required
standard and there are concerns about the employee's suitability for the
position;
There has been an extended period of absence and it has
not been possible to determine the employee's suitability for the role;
The employee shall be offered counselling and/or
training during an extended probationary period. Where the probationary period
is extended, the employee shall be given the reasons in writing;
The employee will be advised of the possible extension
of the probationary period in their letter of offer.
17.4 Performance Review
The employee's performance will be assessed throughout
the probationary period and they will be given feedback about their
performance.
17.5 Conclusion of
the Probation Period
After successful completion of the probationary period
the employee shall be confirmed in continuing employment.
At the completion of the probationary period, if NCC
determines that the employee is not suitable for the role, the employee will
not be offered continuing employment. The employee will be terminated
immediately upon expiry of the probationary period.
18. Termination of
Employment
18.1 By Employee
A Casual employee may terminate their employment
effective at the conclusion of a day or shift.
A probationary employee may terminate their employment by
giving one weeks notice.
All other Weekly employees may terminate their
employment by giving two weeks notice. If notice is not given, NCC may deduct
pay equivalent to the required notice from any entitlements payable under this
Award.
NCC and an employee may agree to a shorter period of
notice.
18.2 By NCC
NCC may:
terminate the employment of a Casual employee by notice
given at time during a day or shift to be effective at the conclusion of that
day or shift;
terminate the employment of a probationary employee by
giving two week’s notice or by payment in lieu;
subject to other conditions of this award terminate the
employment of all other Weekly employees by giving notice of termination or by
payment in lieu as follows:
Employee's Period
of
|
If the employee is
45 years of age
|
If the employee is
over 45 years
|
Continuous Service
|
or less
|
of age
|
|
Period of Notice
|
Period of Notice
|
Less than 2 years
|
At least 2 weeks
|
At least 2 weeks
|
2 years and less than 3 years
|
At least 2 weeks
|
At least 3 weeks
|
3 years and less than 5 years
|
At least 3 weeks
|
At least 4 weeks
|
5 years and beyond
|
At least 4 weeks
|
At least 5 weeks
|
19. Redeployment and
Redundancy
19.1 Redeployment and
redundancy applies to Permanent employees who are surplus to staffing
requirements.
19.2 Principles
The primary objective is to retain employees within NCC
employment. NCC will maintain employment levels set each year in the Management
Plan. Any change in employment levels will be discussed with the Consultative
Committee.
Where NCC considers there are more people than required
in a work area, management will consult with the employees directly affected,
and at the request of any of the employees affected, the relevant Union(s).
Consultation will include the nature and reasons for
the proposed change, the anticipated reduction in number of employees, and the
anticipated time frame.
Where the number of employees is to be reduced, NCC will
consider in order:
natural attrition;
redeployment (transfer) within NCC to a comparable
position;
voluntary redundancy.
There will be no required redundancy except in
accordance with Subclause 19.5.
19.3 Redeployment
(Transfer)
Redeployment should be to a comparable position.
Comparable position means a position of comparable skills, accountability and
salary point.
An employee may be redeployed to a position at a lower
Salary Point, if the employee agrees, as an alternative to redundancy. The employee
will retain their existing rate of pay but no further increases will be applied
until such time as the rate of pay for the new position exceeds the existing
rate of pay, provided that an employee who commenced prior to 17 April 1998
will retain their existing rate and be entitled to increases flowing from this
Award without reverting to the rate of pay for the new position.
While an employee is being considered for redeployment,
the employee may request voluntary redundancy.
Employees who are redeployed as an alternative to
redundancy have no subsequent entitlement to redundancy in respect of the
position which they have originally held.
19.4 Voluntary
Redundancy
NCC may offer an employee voluntary redundancy where
the person is surplus to organisational needs.
NCC may invite expressions of interest for voluntary
redundancy to provide opportunities for transfer of surplus employees. This
includes invitations to employees in other work areas to enable a "mix and
match" approach. NCC reserves the right
to reject any person where the number of volunteers exceeds the positions to be
reduced or where it needs to retain skills and expertise. Where there are more
volunteers than required, a merit based selection process will be used to
determine who is to be offered voluntary redundancy.
Where a voluntary redundancy is offered and accepted,
the date of termination will be determined by NCC in accordance with
operational requirements.
Temporary, Casual and Fixed Term employees, Apprentices
and Trainees are not eligible for voluntary redundancy.
19.5 NCC may
terminate an employee on the basis of a required redundancy where an employee
surplus to organisational requirements has:
refused to actively participate in a redeployment
process, or
rejected redeployment to a comparable position.
19.6 Redundancy
Package
19.6.1 Written Advice
An employee will be provided written confirmation that
their employment has ceased on the grounds of redundancy.
19.6.2 Notice
Where NCC and the employee agree on a termination date,
payment will be made to that date.
Where the NCC determines the date, the employee will be
given four weeks notice or payment in lieu of notice. An employee aged over 45 with five or more years service will be
entitled to five weeks notice or payment in lieu.
19.6.3 Severance Pay
Severance pay is three weeks pay per year of service
with a maximum of 42 weeks. Service is continuous service with NCC as the
employer, and is calculated in years and weeks.
An employee made redundant, except an employee
terminated by NCC in accordance with Subclause 19.5, will be entitled to the
following additional payment:
less than 1 year’s service - 2 weeks’ pay;
1 year and less than 2 years’ service - 4 weeks’ pay;
2 years and less than 3 years’ service - 6 weeks’ pay;
3 years’ service and over - 8 weeks’ pay.
19.6.4 Leave payments
Payment of accrued and pro rata annual and long service
leave will be made in accordance with the Award, and payment of sick leave in accordance
with NCC policy.
19.6.5 NCC will allow
up to one day per week paid time off during the notice period to seek
alternative employment and if requested, one outplacement and one financial
planning counselling session by a provider of the employee’s choice at NCC
expense.
20. Salary System
20.1 General
20.1.1 Monetary Rates
are set out in Table 1 and 2.
20.1.2 The rates of pay
referred to in Part B include allowances paid for skills used under previous
award provisions (see Appendix B, Skills /Qualifications Allowances).
20.1.3 The Salary
System consists of 24 Salary Points.
20.1.4 A competency
based model applies to positions at Salary Points 1 to 6. A review of the competency based system will
be undertaken by the Parties and completed within six months of the
commencement of the Award. Matters to
be reviewed will include, but not be limited to: consistency in competences,
appropriateness of banding salary points, the impact of job evaluation and progression.
20.1.5 For Salary
Points 7 - 24 the Salary System includes the following features:-
For each Salary Point, six salary levels from 94% to
109% of the Salary Point rate of pay;
Each level has defined criteria. Initial placement and advancement
through the salary range will be determined by management’s assessment of the
employee’s demonstrated ability to satisfy the criteria for each level;
The Salary Point Level 3 (100%) rate represents the
competent rate for the position;
On commencement in a position employees will be paid
Level 1 or Level 2 only if they do not possess the criteria required for the
position. Employees placed on Levels 1 or 2 will be assessed for advancement to
the next level on completion of the probationary period if applicable and
otherwise within six months of commencement in the position;
Payment at Level 4 requires satisfaction of the
essential and highly desirable job requirements/selection criteria and
demonstrated initiative in identifying and resolving work problems
independently over a review period;
Payment at Levels 5 and 6 is based on increased
capability and added value criteria;
A review of salary levels or position in salary scales
for weekly employees at Salary Point 7 and above will be conducted annually;
Salary Scales include a range of Salary Points.
Employees move through the Scales by satisfying criteria for each Salary Point
on the Scale. An employee on a Scale can only access the salary levels above
the 100% level when they reach the Salary Point at the top of the Scale (that
is, they have moved through all lower salary points of the Scale).
20.2 Retention of
salary
An employee shall not have their salary reduced,
unless:
they are demoted for disciplinary reasons, or
they transfer at their request to a lower paid
position.
An employee paid under the previous classification
structure ("old system rate of pay, present occupant only rate")
shall continue to be paid that rate and receive organisational increases based
on that rate unless entitled to higher rate under this Award.
20.3 Higher Duties
20.3.1 Where an
employee is authorised to relieve in a position at a higher Salary Point, the
employee will be paid the salary level of that Salary Point at which they satisfy
the criteria with a maximum payment of Level 4.
20.3.2 Where an
employee relieves in a position at a higher Salary Point and either does not
perform the whole job or does not possess all the essential criteria for the
higher position, a lesser salary point will be determined by mutual agreement
between the employee and management prior to commencement of higher duties.
20.3.3 When an employee
relieves in a higher position where a number of Salary Points apply, the
employee shall normally receive the lowest applicable to the position, and the
salary point will be determined by mutual agreement between the employee and
management prior to commencement of higher duties. Normally the employee will receive the lowest salary point
applicable to the position.
20.3.4 In order to
qualify for higher pay the period of relief must be at least the following:
One continuous week for an employee whose normal salary
is Salary Point 16 or above;
Three consecutive working days for an employee whose
normal salary is Salary Point 10 to 15;
Two hours in all other cases, provided that the higher
duties will be paid for the day or shift where relief is for a period of 4
hours or more.
20.3.5 Where an
employee relieves in a lower Salary Point they will continue to be paid their
normal salary.
20.4 Work Covering
More than One Position
Where an employee performs work in more than one
position, they will be paid the relevant rate for the time worked in each
position. The rate may be averaged for ordinary hours worked. Overtime will be
paid for time worked in excess of or outside maximum daily and/or weekly
ordinary hours of work, provided that where both 38 and 35 hour ordinary hours
work is involved, overtime is only payable after 38 hours in a week.
20.5 Payment of Salary
Employees will be paid weekly by means of electronic
transfer to their nominated account with an approved financial institution.
There will be a weekly pay period ending Sunday and a pay day not later than
Thursday of the following week.
On transition to this arrangement, an employee
previously paid in advance will be paid a dollar sum advance so that they
receive a full weeks ordinary pay on transition (subject to any leave without
pay taken). The amount of the original advance will be deducted on termination
from any payments due.
An employee may at their request be paid fortnightly or
monthly, and/or be paid an aggregated salary of components calculated in
accordance with the Award.
20.6 Salary
Packaging and Superannuation
20.6.1 Superannuation
Contributions
Subject to the provision of the Industrial Relations
Act 1996, NCC will make superannuation contributions to the Local
Government Superannuation Scheme.
20.6.2 Superannuation
Salary Sacrifice
An employee may elect to salary sacrifice
superannuation contributions. Such
salary sacrificed superannuation will be treated by NCC as employer
contributions, in addition to the contributions required to be made by NCC.
20.6.3 Salary Packaging
NCC and an employee may enter a salary sacrifice
arrangement which allows an employee to receive part of their pre tax salary as
a benefit.
20.6.4 Any allowance,
penalty rate, overtime, payment for unused leave entitlements, weekly workers’
compensation, or other payment, will be calculated on the Ordinary Rate or
Ordinary Hourly Rate before salary sacrifice.
20.7 Expenses and
Allowances
20.7.1 Rates of
allowances are set out in Table 3.
20.7.2 Fares and
Expenses
NCC will pay all reasonable out-of-pocket expenses and
travelling expenses incurred by employees in the discharge of their duties on
the next usual payday.
When an employee is required by NCC to use their
private vehicle on NCC business, it will pay Vehicle Allowance. NCC will not
require an employee to provide and use their private vehicle on NCC business on
a permanent basis.
20.7.3 Follow-the-Job
Allowance
In the absence of provision of transport facilities by
NCC, Follow-the-Job Allowance shall be paid to employees associated with road and/or
footpath construction or other works of a transient nature who are required to
start and finish on the job at locations other than Turton Road Depot or other
normal starting points.
The Allowance is designed to compensate for any
inconvenience which may be caused to the abovementioned employees as a result
of frequent changes in starting points.
The Allowance shall be paid once for each day of
attendance for work including days on which overtime is worked, but shall not
be paid for public holidays not worked, annual leave, sick leave, long service
or leave without pay.
20.7.4 Tool Allowance
Employees (including leading hands) engaged as
Carpenter, Plumber, Motor Mechanic, Mechanical Fitter, Bricklayer, Painter,
Signwriter or Blacksmith who are required by NCC to supply and maintain the
normal kit of tools pertaining to their trade will be paid Tool Allowance. Tool
allowance will be paid during absences on annual leave, long service leave and
sick leave.
An employee paid Tool Allowance shall be entitled to be
reimbursed by the NCC for loss of tools up to the Value of Tools Reimbursement
when such tools are lost by theft from a breaking and entering outside ordinary
working hours whilst the tools are stored at the NCC’s direction on the job. The employee shall, if requested, provide a
list of tools so used.
Where apprentices are required to supply and maintain a
kit of tools pertaining to their trade, NCC shall pay seventy five percent
(75%) of the relevant tradesperson, calculated to the nearest 10 cents.
20.7.5 Special
Conditions Allowances
An employee, other than Waste Management Service
employee, will be paid the following allowances in addition to their normal
weekly rates, to compensate for special conditions associated with their duties:-
Asphaltic Concrete - Employees engaged in laying of
asphaltic concrete, ie performing the operations of emulsion spraying and/or
shovelling and/or screeding and/or rolling and/or transporting
Employees qualified in the use of an Oxy-Viva 3
Resuscitation Unit who may be required in the course of their duties to use
such unit (where recompense for such activity is not incorporated in the
employee’s normal rate of pay)
First-Aid Allowance - Employees required to carry out
first-aid duties in conjunction with their normal duties, (where recompense for
such activity is not incorporated in the employee’s normal rate of pay)
Emergency Wardens - The Allowances will apply where
Emergency Wardens are appointed to act within Emergency Plan requirements
developed in accordance with AS 3745.
Work Area Allowance
A weekly Work Area Allowance is payable to employees
who perform work for the whole week in the specified work areas. Employees will continue to be paid the Work Area
Allowance while on approved leave with pay.
Work Area
|
Bricklayers
|
Classified Roads -
Motor Vehicle Driver
|
Carpenters
|
Rapid Response Unit
|
Painters &
Signwriters
|
Signs
|
Plumbers
|
Fleet Operations -
Trades, Labourers
|
Urban Trees
|
Fleet Operations -
Motor Vehicle Driver
|
Pest and Weed
|
Road Maintenance -
Field Workers
|
Street & Gutter
- Broom Operators (Day)
|
Road Construction -
Field Workers
|
Street & Gutter
- Broom Operators (Night)
|
Motor Vehicle Driver
- Road
|
|
Maintenance/Construction
|
Street & Gutter
- Eductor
|
Plant Operators -
Road Maintenance /
|
|
Construction
|
Street & Gutter
- Field Workers
|
Parks Maintenance -
Plant Operators
|
Classified Roads -
Field Workers
|
Parks Maintenance -
Field Workers
|
20.7.6 Confined Space
An employee required to work in a confined space and
the competent person required to observe an employee working in a confined
space shall be paid Confined Space Allowance.
A confined space means an enclosed or partially
enclosed space that:
is not intended or designed primarily as a place of
work; and
is at atmosphere pressure while persons are in it;
may have an atmosphere with potentially harmful
contaminants, an unsafe level of oxygen or stored substances that may cause
engulfment; and
may (but need not) have restricted means of entry and
exit.
20.7.7 Shift Allowances
This subclause shall not apply to the classifications
Rangers; Animal Control Officers, Ordinance Officers, Computer Services Staff,
Cleaners, Commissionaires, Library employees, Parking station employees and
Pool employees. Additional payments for
such employees are prescribed in Appendix A.
2 or 3 Shift Allowance - employees required to work on
a two shift or three shift roster.
Early Morning Shift Allowance - employees other than a
Garbage or Street Cleansing Section employee who is required to work a shift
which commences at or after 4.00am and before 5.30am Monday to Friday
inclusive, except a public holiday.
Broken Shift Allowance - employees required to perform
a rostered daily shift in two parts
The allowances prescribed herein shall stand alone and
not be taken into account in the calculation of penalty rates.
20.7.7 Protective
Clothing and Equipment
Employees will be entitled to protective clothing and
equipment, in accordance with the NCC Clothing Policy.
20.7.8 Wet Weather
Employees will not be required to work outdoors in wet weather
unless protective clothing is supplied for this purpose. Employees who are
required to work outdoors in wet weather and get wet on the job will be allowed
to cease work and return home without deduction of pay for the purpose of
changing clothes. If required, they
will promptly return to work, provided that NCC will pay any fares or pay
Vehicle Allowance for the return journey to their home. Employees reporting for
duty on wet days who do not become wet on the job will perform such work as
reasonably required or standby as directed under cover.
Hours of Work
21. Ordinary Hours
21.1 The ordinary
hours of work for employees engaged in the following functions shall be 35
hours per week:
Management / Administration / Clerical;
Engineering / Architecture / Surveying / Landscape
Architecture / Strategic / Environmental / Health / Building / Planning
(Professional);
Technical Services (including Engineering Technical,
Computer Services and Printing);
Library Services;
Art Gallery and Museum (Professional).
21.2 The ordinary
hours of work for all other employees will be 38 per week
21.3 Ordinary daily
hours of work will be not more than 12 hours
21.4 Except as
otherwise provided, the ordinary hours for all employees shall be between
Monday and Sunday. All hours existing
at the commencement of this award will continue to remain in force except where
altered in accordance with this clause.
21.5 The ordinary
hours for employees engaged in the following function shall be between Monday
and Friday:
Administration;
Building Surveyors;
Engineering (Professional and Trainees)
Finance
Health Surveyors
Road Construction and Road Maintenance excluding grant
funded work
Supply Services
Town Planning
Trade Functions excluding Mechanical Trades
21.6 When NCC
commences introducing ordinary hours between on Saturday and/or Sunday to new
areas of work, or to alter existing arrangements of hours, NCC shall prepare a
business case for consultation with the relevant unions which will recognise of
NCC’s family friendly working commitments.
21.7 No employee
employed at the commencement of this award shall be compelled to work ordinary
hours on Saturday and/or Sunday except as otherwise provided in this clause or
Appendix A. Employees will only enter
these arrangements by agreement or as a result of an employee initiated lateral
transfer, demotion at management initiative or appointment to a position
outside their career progression.
Where an individual is not participating in a weekend
work arrangement, NCC may transfer the employee to a position of comparable
skills and accountability levels in another work area or section, and/or
provide the opportunity to other employees to perform the weekend work, on a
‘mix and match’ basis.
21.8 An employee may
request to work ordinary hours on a Saturday and/or Sunday in lieu of the
ordinary hours the employee would otherwise be rostered to work.
An employee’s request must be in writing and must
outline a period within which the arrangement is to be reviewed;
NCC will not unreasonably withhold agreement to such a
request;
Any such agreement shall not apply to a new or vacant
position;
Where an employee requests to work ordinary hours on a
Saturday and/or Sunday under this subclause, NCC shall not be required to pay
the penalty rate provided in Subclause 24.2.1.
22. Flexible Working
Arrangements
22.1 The ordinary
weekly hours of work may be averaged over a four week cycle subject to written
agreement between management and the employee, with the concurrence of the
Executive Manager Human Resources.
22.1.1 Work
under a flexible arrangement will not be less than 2 hours nor more than 12
hours per day.
22.1.2 Employees
entering a flexible work arrangement will be removed from the existing RDO
system.
22.1.3 Flexible working
arrangements must have identifiable and meaningful benefit to both NCC and the
employee.
22.1.4 Where prior
agreement between an employee and Group Manager has been reached 14 hours flex
credit or 10 hours flex debit may be carried over into the next cycle.
22.1.5 Flexible working
arrangements are independent to overtime and time in lieu. Hours worked during pre arranged overtime
will not be counted for flex credit.
22.1.6 Any leave hours
will be deducted from the employee’s leave accrual at the standard daily hours
for the role (that is, 7 or 7.6 hours) or other specified hours as agreed and
documented upon entering the flexible working arrangement.
22.2 Where a
flexible working arrangement is considered (by either management or the employee)
to be operating unsatisfactorily, a review of the arrangement will be made by
the manager.
22.2.1 The aim of such
a review is to agree on variations to the arrangement that will allow it to
continue.
22.2.2 In all
circumstances when a review is to take place the employee, manager and the
Executive Manager Human Resources must have knowledge of and involvement in the
review.
22.3 Flexible
working arrangements may be terminated upon reasonable notice by either management
or the employee subject to consideration of the impact of terminating the
agreement on all effected employees, service to customers and operational
requirements.
23. Meal Breaks and
Meal Allowances
23.1 A meal break
will be given and taken on any day or shift in excess of five hours continuous
work.
23.2 A meal break
will commence not earlier than three hours, and not later than five hours into
the days work.
23.3 An employee
required to work more than 10 hours continuously (including overtime) will be
entitled to a further meal break of not less than 20 minutes, and for each four
hours work beyond 10 hours, a further meal break of not less than 20 minutes,
provided that work continues after the break.
23.4 Where a meal
break is in ordinary time, on any day between 6.00 am and 6.30 pm, it will be
unpaid and not count as time worked. The first such meal break shall be not
less than 30 minutes, provided the employee and management may agree to a
shorter period of not less than 20 minutes.
23.5 Where a meal
break is in ordinary time after 6.30 pm and before 6.00 am, or in overtime, a
break of 20 minutes will be paid at the appropriate rate.
23.6 Where an
employee at management direction is not allowed to commence a meal break in the
first five hours of work, the employee will be paid overtime rates for time
worked beyond five hours until given a meal break.
23.7 An employee
will be paid a Meal Allowance
when required to work overtime for two hours or more
before or after ordinary hours on any day;
when required to work for more than four hours on a day
which is not an employees ordinary working day;
after each additional four hours worked.
24. Work Rosters and
Penalties
24.1 General
Shift workers shall work in accordance with a regular
roster suitable to the industry and subject to the provisions of the Industrial
Relations Act 1996, such roster may be departed from in cases of emergency
Where an employee works on a roster, the employee’s
roster will provide certainty of days and hours of work to enable the employee
to plan personal and work life balance.
For employees working 35 hours per week pursuant to
Clause 21 Ordinary Hours, seven hours shall constitute a shift. For employees working 38 hours per week,
seven and three fifths hours shall constitute a shift.
24.2 Where a shift
roster is changed, the employee will be entitled to a minimum of 48 hours
notice of such change. Where 48 hours notice is not provided, the employee will
be paid not less than 1.25 times the ordinary hourly rate for ordinary hours on
any shifts which commence within 48 hours of notification. An employee required
in these circumstances to work the ordinary hours of two consecutive shifts
without a break will be paid at overtime rates for the last of such shifts.
An employee will be allowed, to change roster as agreed
with another employee subject to the consent of the team leader having first
been obtained. No penalties for notice
of change of roster will apply in such a case.
24.3 Every shift
worker shall be entitled to at least on Sunday off duty in every 28 days.
24.4 Equivalent time
off, which shall be taken in conjunction with annual holidays or payment made
in lieu thereof, shall be allowed for any holiday as prescribed by Clause 30
Public Holidays which occurs on a day of a roster cycle on which the shift
worker is rostered off.
24.5 Every shift
worker shall be allowed a crib time of twenty minutes on each shift which shall
be counted as time worked.
24.6 Penalty Rates
24.6.1 Saturday, Sunday
and Public Holidays
An employee required to work ordinary hours on a
Saturday, Sunday or Public Holiday will be paid a penalty in addition to the
ordinary rate as follows:-
Saturday - a penalty rate of 50% of the ordinary hourly
rate for ordinary hours worked;
Sunday - a penalty rate of 100% of the ordinary hourly
rate for ordinary hours worked;
Public Holiday - a penalty rate of 200% of the ordinary
hourly rate for ordinary hours worked (Public Holiday means a shift with the
major portion on a public holiday. The penalty will be paid for all ordinary
hours on the shift. Where a public holiday includes a part of two successive
shifts, the one with the greatest number of hours on the public holiday will be
considered the public holiday shift.
Casuals will be paid penalty rates calculated on the
ordinary hourly rate exclusive of the casual loading.
See subclause 20.7.7 for shift allowances.
See Clause 25 Overtime for overtime for shift workers.
24.7 Night Project
Work
This subclause applies only to employees temporarily
performing night work on a project basis, in lieu of Monday to Friday
penalties.
The penalty for hours worked in the span 3.30 pm Sunday
to 7.00 am Friday inclusive will be 35% of the ordinary hourly rate for the
time so worked.
All types of leave taken by employees working on the
project will be paid at the ordinary rate (i.e. without penalty rates).
Employees may change to day work with the consent of
management.
The actual hours to be worked will be agreed prior to
project commencement, and may be varied by agreement with employees involved.
The composition and method of selection of the project
team will be identified and agreed in writing not less than one week prior to
commencement of the project. Where agreement is not reached, NCC may require
other employees join the project without the minimum notice provisions above.
24.8 The penalty
rates in this clause are not cumulative.
If more than one rate applies, only the highest rate will be paid.
25. Overtime
25.1 General
25.1.1 Overtime is time
worked in excess of or outside ordinary hours of work.
25.1.2 Overtime on any day
Monday to Saturday will be paid at time and a half of the Ordinary Hourly Rate
for the first two hours and then double time.
25.1.3 Any overtime
worked after 12 noon Saturday will be paid at double time.
25.1.4 Overtime worked
on Sunday will be paid at double time.
25.1.5 Overtime worked
on one day whether in broken periods or otherwise will be regarded as
continuous.
25.1.6 Overtime worked
on a public holiday will be paid at double time and a half, with a minimum
payment of four hours if the overtime is not continuous with ordinary time.
25.2 An employee
required to work overtime will be entitled to have at least 10 consecutive
hours off duty between the completion of overtime and the commencement of
ordinary hours without loss of pay.
If an employee is instructed to resume work without
having had 10 consecutive hours off duty, the employee will be paid at double
the ordinary hourly rate until released from duty and then will be entitled to
a 10 hour break without loss of pay. This subclause will not apply to employees
on a call back if they are not required to work for four hours or more.
25.3 Where there is
prior agreement between management and an employee, an employee required to
work overtime will be granted equivalent time in lieu for overtime hours
worked. Where time in lieu instead of overtime has been agreed:
the time in lieu is to be taken at a mutually agreed
time as soon as practicable after the time has been worked;
the maximum accrual will be equal to the employee's
weekly ordinary hours, provided that agreement may be reached for a greater
accrual between an employee or group of employees and management;
NCC will advise an employee approaching the maximum
accrual. The employee and management must agree to a program to reduce the accrual.
If agreement cannot be reached, management will direct the employee to take the
time in lieu accrual at a time convenient to the operation. If the employee
does not take the time in lieu as directed, the time in lieu accrual will be
reduced by the amount so directed.
This arrangement does not impact on those work areas
where there is an existing agreement in relation to the accrual of time in
lieu.
25.4 Call Back
25.4.1 A Call Back is when
an employee is required to work overtime after leaving the place of employment,
regardless of whether the employee was notified prior to cessation of normal
duties.
25.4.2 Any employee on
a Call Back will be paid for a minimum of four hours at the appropriate
overtime rate provided that any subsequent Call Backs occurring within the four
hour period of a Call Back will not attract any additional payment. The
employee will not be required to work the four hours if the job that the
employee was recalled to perform is completed sooner.
25.4.3 Call Back will
not be paid where it is customary for an employee to return to work to perform
a specific job(s) outside the employee's ordinary hours, where overtime is
continuous with the completion or commencement of ordinary hours or where the
employee is paid On Call Allowance.
25.4.4 Any employee on
a Call Back will be entitled to be paid for fares actually incurred or Vehicle
Allowance and travelling time from the employee's home to the work and return.
25.4.5 Any employee on
a call back will be entitled to delay the start of the following day's work
without loss of pay for the same period as that worked on a call back between
11.30pm and 5.00 am.
25.5 On Call
Allowance
25.5.1 An employee who
is not provided a leaseback vehicle may be paid On Call Allowance. They must be
contactable and available outside of ordinary hours to respond within a
reasonable time to emergency and breakdown work or supervise call back of other
employees. An employee required to attend work will be entitled to be paid for
fares actually incurred or Vehicle Allowance from the employee’s home to the
work and return.
25.5.2 An employee
provided with a leaseback vehicle and who is required to be on call will be
allowed reduced leaseback contributions in accordance with NCC Policy.
25.5.3 An employee paid
On Call Allowance or who has a leaseback vehicle and is on call, and is
required to attend a call will be paid at overtime rates for the time from when
the employee leaves for work, but not the minimum time of Call Back.
Leave
26. Annual Leave
26.1. An employee,
except a Casual employee, will accrue four weeks of annual leave on each
anniversary of employment.
26.2 A Part Time
employee will accrue annual leave in the proportion of their ordinary hours
worked to Full Time hours. This includes ordinary hours worked in excess of
their regular number of hours.
26.3 Annual leave
shall be taken in periods of not less than one day and at times agreed between
management and employee.
26.4 Payment to an
employee proceeding on annual leave will be prior to commencing leave, or as
normal salary, as requested by the employee.
26.5 Payment will be
at the ordinary rate immediately prior to commencing leave, plus shift penalty
rates which would have been incurred on ordinary hours during the leave period.
26.6 Annual leave
balances will be recorded in hours and leave taken deducted in hours, in
accordance with the ordinary hours worked by the employee.
26.7 An employee
should take annual leave within 12 months of accrual.
When an employee’s annual leave balance (accrued and
pro-rata) exceeds ten weeks the employee must make arrangements to reduce the
balance to not more than eight weeks within two months or other agreed time
frame. Where the employee does not take
leave sufficient to reduce the balance, management may direct the employee to
take annual leave at times convenient to the operation.
26.8 When an
employee’s service is terminated they will be paid for:
Any accrued annual leave note yet taken at the ordinary
rate, and
For the uncompleted current year of service one twelfth
of their ordinary rate earnings to the date of termination.
26.9 Annual Leave
Loading
26.9.1 Annual Leave
Loading is payable to weekly employees engaged for greater than one year, and
equivalent to 17.5 per cent of four weeks of the ordinary rate of pay as at 31
October exclusive of any other allowances, penalty rates, overtime or any other
payments prescribed by this award.
26.9.2 Employees with
greater than one years service shall be paid the loading one each year during
November.
26.9.3 A pro rata
entitlement shall be made to employees who commenced employment after 1
November in any one year. The pro rata
payment being based on the number of completed weeks of service.
26.9.4 When employees
are terminated by NCC for any cause other than misconduct or by employees on
account of illness or early retirement age as defined in the Deed and/or Rules
governing the operation of the Local Government Superannuation Scheme, they
will be paid a loading of 17.5 per cent of the ordinary rate of pay for
completed months of service since 31 October.
26.9.5 Except as
provided by 26.9.4 no loading is payable on the termination of an employee’s
employment.
27. Long Service Leave
27.1 Entitlement
An employee will accrue long service leave at the rate
of 13 weeks for each 10 years of continuous service up to 15 years of service,
and thereafter 11 weeks for each five years of continuous service.
Period of Service
|
Leave Due
|
5 years
|
6.5 weeks
|
10 Years
|
13 Weeks
|
15 Years
|
19.5 Weeks
|
20 Years
|
30.5 weeks
|
27.2 Taking Long
Service Leave
An employee may take Long Service Leave after
completion of five years continuous service with NCC.
For the purposes of calculating Long Service Leave
entitlement in accordance with this clause, prior continuous service with any
other Council or Council will be deemed to be service with NCC.
Long service leave will be exclusive of annual leave
and public holidays occurring during the period of long service leave.
Long service leave will be taken at times and for
periods agreed between management and employee in periods of not less than one
week.
27.3 Payment for
Long Service Leave
Payment to an employee will be prior to commencing
leave, or as normal salary, as requested by the employee.
Payment will be at the ordinary rate immediately prior
to commencement of leave, or such higher rate provided by the Long Service
Leave Act (NSW).
27.4 Long Service
Leave on termination
Five but less than 10 years completed service:
an employee who is retrenched, terminated on account of
illness, incapacity or domestic or other pressing necessity, or retires after
attaining the preservation age prescribed in the Superannuation Guarantee Act
will be paid Long Service Leave at their ordinary rate or such higher rate
provided by the Long Service Leave Act;
an employee with less than 10 years service leaving NCC
for any other reason will not be entitled to payment of long service leave.
Ten or more years completed service:
an employee terminated for any reason will be paid long
service leave at their ordinary rate or such higher rate provided by the Long
Service Leave Act.
27.5 Service with
Other Councils
27.5.1 An employee
leaving to undertake employment at another council may have the value of long
service leave entitlement on termination paid to that other council, provided
that NCC must be satisfied that the amount so transferred will not be released
to the employee on lesser conditions than this Award, and subject to the other
council accepting the transfer.
27.5.2 An employee who
commences at NCC within three months of ceasing employment with another NSW
Local Government Council will have previous continuous service with that
council recognised as qualifying service for Long Service Leave, but no leave
will be accrued unless NCC receives from the other council(s) the monetary
value of the long service leave for the period (or part of the period).
28. Sick Leave
28.1 Any employee
unfit for work due to personal illness or injury (other than that covered by
Workers' Compensation), will be paid at their ordinary rate during such absence
provided:
the employee notifies the nature of illness and
expected duration of absence prior to normal starting time on the first day of
absence in accordance with NCC procedures. (In exceptional circumstances where
the employee is unable to notify before starting time, they must do so as soon
as practicable);
where the absence extends beyond the period originally
advised, the employee notifies the absence, as above prior to the commencement
of the extended period;
the employee provides a medical certificate for any
absence in excess of two days, and if required by Management for any absences
in excess of five occasions in any sick leave year;
the employee has available sick leave entitlements.
28.2 Sick Leave
Entitlement
A Permanent employee will be credited with two weeks
(at their ordinary time hours) sick leave on commencement and three weeks on
each anniversary of employment, which will accumulate indefinitely.
Temporary employees and Fixed Term employees will be
entitled to sick leave on the basis of 1/2 week (at their ordinary time hours)
for each thirteen weeks, available at the commencement of each 13 week period.
28.3 Sick leave will
be recorded in hours and time taken deducted.
28.4 If a public
holiday occurs during a period of absence on sick leave the day will not be
deducted from sick leave.
28.5 An employee who
is unfit for work due to illness or injury for a continuous period of at least
a working week while on annual leave or long service leave and provides a
medical certificate covering the period of unfitness will have the annual leave
or long service leave re-credited and sick leave deducted.
28.6 Where an
employee joins NCC from another NSW Local Government Council, and has
continuity of service for purposes of long service leave, NCC will recognise an
untaken balance of sick leave of up to 13 weeks. This leave will not be available to be taken unless leave
entitlement under this Award has been first exhausted. This leave will not be
available to be paid out under any circumstances.
28.7 Unless mutually
agreed, the retirement or termination of an employee on account of permanent
incapacity shall not be effected earlier than the date on which the employee's
credit of sick leave is exhausted.
28.8 NCC may require
an employee to attend a doctor nominated by NCC at NCC cost.
29. Carers’ Leave
29.1 Carers' leave
is leave a weekly employee can take to care for a family member who is sick or
requires care due to an unexpected emergency. If an employee takes carers'
leave she/he must be responsible for the care of the person who is sick.
29.2 Carers’ leave
is deducted from sick leave. An employee may use all of their sick leave
entitlement to care for the sick family member. Carers leave may be taken in
part days.
29.3 Carer’s leave
is not intended to be used for long term, ongoing care. In such cases, the employee is obligated to
investigate appropriate care arrangements where these are reasonably available.
29.4 Note: In the
unlikely event that more than 10 days sick leave in any year is to be used for
caring purposes the employer and employee shall discuss appropriate
arrangements which, as far as practicable, take account of NCC’s and employee’s
requirements.
29.5 Leave may be
taken to care for a family member who is the employee's:
spouse, de facto spouse or same sex partner;
child, including adopted, foster, ex-nuptial or step
child;
parent, including foster parent or legal guardian;
grandparent, grandchild or sibling.
An employee may also take leave for the children,
parents, grandparents or siblings of their spouse or de facto spouse, or any
other relative who is a member of the employee's household.
29.6 To take carers’
leave, an employee shall:
notify management of the reasons for the leave, who
needs the care, their relationship and the expected duration of the leave. Where
practicable, this should be done in advance, and in any case no later than the
first day of absence;
if required establish either by production of a medical
certificate or statutory declaration, the illness of the person concerned and
that the illness is such as to require care by another person; or
if required establish by production of documentation
acceptable to NCC or a statutory declaration, the nature of the emergency and
that such emergency resulted in the person concerned requiring care by the
employee.
In normal circumstances, an employee must not take
carer’s leave under this subclause where another person has taken leave to care
for the same person.
29.7 An employee
may, with consent of NCC:
use annual leave or leave without pay;
take time off in lieu of payment of overtime;
work ‘make up’ time at ordinary rate.
29.8 Subject to the
evidentiary and notice requirements in this clause Casual employees are
entitled to not be available to attend work, or to leave work if they need to care
for a person prescribed in Subclause 29.3 who requires care and support due to
illness, unexpected emergency or the birth of a child.
29.8.1 NCC and the
employee shall agree on the period for which the employee will be entitled to
not be available to attend work. In the absence of agreement, the employee is
entitled to not be available to attend work for up to 48 hours (i.e. two days)
per occasion. The casual employee is not entitled to any payment for the period
of non-attendance.
29.8.2 NCC will not
fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause.
The rights of an employer to engage or not to engage a Casual employee
are otherwise not affected.
30. Public Holidays
30.1 The days on which
holidays will be observed are: New Year’s Day, Australia Day, Good Friday,
Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day,
Christmas Day, Boxing Day. Picnic Day,
Bank Holiday and Show Day will also be regarded as Public Holidays, subject to
the terms and conditions attaching to these days as specified in this clause.
30.2 Where a public
holiday falls on a day ordinarily worked by a Weekly Employee:
(i) if the
employee is not required to work, the employee will be paid at ordinary rate
for the ordinary hours they would otherwise have worked.
(ii) if the
employee is required to work, the employee will be paid at ordinary rate for
ordinary hours they would otherwise have worked, double time in addition for
ordinary hours worked.
30.3 Except as
otherwise provided, where an employee is required to work on a holiday as
prescribed by this award that falls on a day the employee would not ordinarily
work, the employee will be paid at double time and a half inclusive of payment
for the day with a minimum payment of four hours worked.
30.4 Where a Weekly
employee works on a fixed roster cycle (e.g. 19 day month), and a public
holiday falls on the scheduled roster day off, the roster day off will be moved
to another day.
30.5 A Casual employee
working on a public holiday will be paid treble ordinary rate for all time
worked.
See Overtime Clause 25 for overtime on a public
holiday.
30.6 Essential
services normally provided, plus additional services to the extent that the
community does not perceive a loss of service will be provided on Picnic Day,
Bank Holiday and Show Day.
30.7 Picnic Day
Picnic Day is a day which is not a general holiday and
on which NCC must continue to provide essential and other services so that the
community does not perceive a loss of service. NCC will keep the number of
employees required to a minimum and finalise arrangements for work to be
performed at least one week prior to Picnic Day.
Picnic day will be observed on a day agreed with the
Consultative Committee.
An employee who has purchased a Picnic Day Ticket will
be allowed the day off work and be paid at ordinary rate for the ordinary hours
they would otherwise have worked, provided the Ticket was purchased at least
one month prior to Picnic Day and not after the employee agreed to work on
Picnic Day.
An employee eligible to be allowed the day off on
Picnic Day but who is required to work will be paid ordinary rate for the
ordinary hours they would otherwise have worked, reimbursed the cost of the
picnic and allowed a day off at a mutually agreed time.
For all other employees the day will be a normal day.
Any overtime worked on Picnic Day will be normal
overtime, that is, not overtime on a public holiday.
30.8 Bank Holiday
30.8.1 For the purposes
of this award, Bank Holiday will be regarded as a holiday and will be observed
on an agreed day during the Christmas/New Year period.
30.8.2 Employees may be
engaged on a mutually agreed basis to provide services on Bank Holiday. Employees so engaged will be entitled only
to payment at ordinary rates for the day plus a day in lieu.
30.8.3 The only
exception to this provision is Parking Station staff where an entitlement to
penalty rates continues to exist. This entitlement
arises due to the fact that this section of employees covered by the previous
Municipal Employees Newcastle (Salaried Division) award were entitled to
penalty rates prior to Bank Holiday being transferred to the Christmas/New Year
period.
30.8.4 Agreement shall
be reached at least one week prior to Bank Holiday each year in regard to
employees working and the terms and conditions attaching to such work.
30.9 Show Day
30.9.1 For the purposes
of this award, Show Day will be regarded as a holiday and will be observed on
the Friday of Show Week, provided that NCC may, on the application of the
Unions concerned, approve another day being taken in lieu thereof during the
currency of the Newcastle Show.
30.9.2 Services
traditionally provided on Show Day are as follows:-
Garbage Collection and Disposal site staff, Beach
Inspectors and Cleaners, Inland Pool Attendants, Parking Stations staff,
Ordinance Staff, Convenience Cleaners, Museum and Art Gallery staff, Municipal
Buildings cleaning staff, Workshops staff, Street Cleansing staff, Blackbutt
Reserve Staff.
30.9.3 Employees in the
abovementioned classifications who are required to work on Show Day will be
entitled to the penalty rate provisions of the award.
30.9.4 Employees may be
engaged on a mutually agreed basis to provide services additional to those
referred to in Clause 30.9.2 on Show Day.
Employees so engaged will be entitled only to payment at ordinary rates
for the day plus a day off in lieu on either Wednesday or Thursday of Show
Week. Where a day in lieu at that time
is not practicable, discussions will take place between management and staff to
ensure that a mutually satisfactory outcome is achieved. Unions will be advised of those outcomes.
30.9.5 Agreement shall
be reached at least one week prior to Show Day each year in regard to employees
working and the terms and conditions attaching to such work.
31. Parental Leave
31.1 Parental Leave
provisions will be in accordance with the Industrial Relations Act 1996.
31.2 A permanent
employee entitled to parental leave will be entitled to nine weeks paid leave
in accordance with the NCC Parental Leave with Pay Policy.
31.3 NCC will not
fail to re-engage a regular casual employee because:
(a) the employee
or employee’s spouse is pregnant; or
(b) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of Casual employees are not affected, other than in accordance
with this clause.
31.4 Right to
Request
31.4.1 A weekly
employee entitled to Parental Leave may request:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return
from a period of parental leave on a part-time basis until the child reaches
school age;
to assist the employee in reconciling work and parental
responsibilities.
31.4.2 Management shall
consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or NCC business.
Such grounds might include cost, lack of adequate replacement staff,
loss of efficiency and the impact on customer service.
31.4.3 The employees
request and Management’s decision made under Subclause 31.4.1 (ii) and (iii)
must be recorded in writing.
31.4.4 Where an employee
wishes to make a request under Subclause 31.4.1 (iii), such a request must be
made as soon as possible but no less than seven weeks prior to the date upon
which the employee is due to return to work from parental leave.
31.5 Communication
during Parental Leave
Where an employee is on parental leave and a definite
decision has been made to introduce significant change at the workplace, NCC
shall take reasonable steps to:
(i) make information
available in relation to any significant effect the change will have on the
status or responsibility level of the position the employee held before
commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
31.6 The employee
shall take reasonable steps to inform NCC about any significant matter that
will affect the employee’s decision regarding the duration of parental leave to
be taken, whether the employee intends to return to work and whether the
employee intends to request to return to work on a part-time basis.
31.7 The employee
shall also notify the employer of changes of address or other contact details
which might affect NCC’s capacity to comply with Subclause 31.5.
31.8 NCC must not
fail to re-engage a regular casual employee as defined in section 53(2) of the Industrial
Relations Act 1996 because:
(i) the employee
or employee’s spouse is pregnant; or
(ii) the employee
is or has been immediately absent on parental leave.
32. Bereavement Leave
32.1 An employee
other than a Casual employee shall be entitled to up to two days bereavement
leave at ordinary rate on each occasion of the death of a person prescribed in
Carer’s Leave and in respect to the death of a son-in-law or daughter-in-law.
32.1.1 The employee
must notify management as soon as practicable of the intention to take
bereavement leave and will, if required, provide to the satisfaction of
management proof of death.
32.1.2 An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
32.1.3 Bereavement leave
may be taken in conjunction with annual leave or long service leave or leave
without pay. In determining such a request management will give consideration
to the circumstances of the employee and reasonable operational requirements.
32.2 Subject to the
evidentiary and notice requirements of this clause Casual employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in Carer’s Leave.
32.2.1 NCC and the
employee shall agree on the period for which the employee will be entitled to
not be available to attend work for up to 48 hour (i.e. two days) per occasion.
The Casual employee is not entitled to any payment for the period of
non-attendance.
32.2.2 NCC will not
fail to re-engage a Casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
33. Leave Without Pay
33.1 Leave without pay
may be taken at a time convenient to NCC, and shall not be regarded as service
for the purpose of long service leave, sick leave or annual leave. Leave
without pay shall not constitute a break in the employee's continuity of
service.
33.2 An employee shall
not be entitled to any payment for public holidays during an absence on leave
without pay.
34. Blood Bank Leave
34.1 Permanent
employees shall be entitled to take leave for the purpose of donating blood, at
a time mutually convenient to NCC and the employee.
34.2 The employee
shall notify management as soon as possible of the time and date upon which he
or she is requesting to be absent for the purpose of donating blood.
34.3 Blood bank
leave will be paid leave up to a maximum of one and half hours for each
occasion and subject to a maximum of four separate absences each calendar year.
34.4 Proof of the
duration and attendance for the purpose of donating blood, shall be provided to
the satisfaction of NCC.
35. Avoiding and
Resolving Grievances
35.1 Principles
The principles for resolving issues are:
timely consultation, cooperation and discussion, with a
minimum of formality;
to deal with and resolve issues as close to their
source as possible;
time frames agreed by the participants at each stage of
the process.
An employee may be assisted at any stage of this
process by a Union representative or other support person. While an issue is dealt with, work will
continue normally in accordance with reasonable directions of management and having
regard to safe working practices.
35.2 Procedure
Any issue will be dealt with using Steps 1 to 4 below.
Discussion should commence at the lowest step where resolution can be achieved.
If not resolved at that step, the issue will be moved to the next step. By
agreement, any of the steps may be bypassed in the interests of achieving a
timely resolution. Where agreed time frames are not met, the issue may be
referred to the Executive Manager Human Resources.
No party will engage in provocative action while the
procedure is followed.
Step 1
Discussion and if possible resolution within the work
team between the employee and immediate management.
Step 2
If the issue is not resolved, the employee should
complete and submit a Grievance Form setting out the nature of the grievance.
Within two working days, the time frames and process to resolve the issue will
be set by the Parties.
Discussions will be held between the employee/s
concerned and the relevant Group Coordinator and/or Service Unit Manager.
Step 3
If the issue is not resolved, the employee should
request the issue be referred to the Group Manager.
Discussions will be held involving the relevant Group
Manager or other NCC nominee.
Step 4
If issue is still not resolved, the employee/s may
request the General Manager make a determination.
The General Manager will consider the issue. The
General Manager may convene a further conference of the Parties prior to making
a determination.
The General Manager will provide a response within one
week, setting out the process and timeframe for conclusion. The General
Manager’s determination in writing to the employee(s) will be provided in
accordance with the process advised.
35.3 Referral to the
Industrial Relations Commission
A dispute shall not be notified to the Commission until
the above procedure has been exhausted, unless all Parties to the issue agree
otherwise.
35.4 Safety Concerns
The Parties to this Award place the highest importance on
safe working practices, safe working conditions and the health and well being
of people in the workplace.
Matters that may be a risk to health and safety must be
advised to the work team management. If not responded to, the employee should
advise higher level management, any member of the OHS Committee or a union
representative.
36. Managing for
Performance General
36.1 General
The objective is to constructively and consistently
resolve work performance, behaviour or conduct issues by correcting actions
which do not meet required standards.
This process applies to all employees, however
indentured apprentices and trainees are covered up to and including Stage 3
only.
Depending on the seriousness of the issue the process
may commence at any Stage.
This process emphasises counselling and the achievement
of expected standards. Issues raised need to be explored fully, and the
employee provided the opportunity to respond to, and have considered, their
response to issues raised. Where appropriate, a Performance Plan may be
developed and implemented.
An employee may be accompanied by another employee or a
Union representative at any stage during this process, and may access and use
NCC support services (e.g. EAP) during the process.
An employee is entitled to view their personnel file
under supervision and may take notes and/or copies of the contents of their
file.
The Parties are committed to high standards of OHS
performance. Employees are expected to comply with safe work systems and
procedures. Management of performance and behaviour in OHS is covered by the
Managing for Performance process.
36.2 Responsibilities
of Management
to set and communicate standards of work performance
and behaviour;
to monitor and manage work performance and behaviour;
to identify issues of concern with work performance,
behaviour or conduct;
to discuss issue(s) of concern with the employee;
to document discussions about issue(s) of concern;
to consistently apply the process.
36.3 Responsibilities
of Employees
to perform work to required standards;
to behave in an appropriate manner;
to carry out reasonable instructions given by
management;
To comply with the NCC Code of Conduct, Policies and
Procedures.
36.4 Stage 1
Informal Discussion
Where an employee's work performance or behaviour is
considered to be less than the required standard, management must discuss the
issues with the employee. The purpose is to:
provide a positive environment leading to performance
improvement;
identify the issues which are of concern;
provide the employee an opportunity to respond to the
issues of concern;
develop a shared understanding of the standard expected
and the way which those expectations will be achieved.
In many cases, this discussion will be sufficient to
resolve any issues.
Counselling
If informal discussion does not result in sufficient
improvement, or the issues are more serious, formal counselling should occur.
Prior to the meeting, the employee will be advised of
the nature and reasons for the meeting. The meeting should be conducted in a
private place, without interruptions or distractions.
Counselling will cover:
the issues, performance or behaviour;
the standard expected;
the nature of the improvement required;
the appropriate steps to be taken to achieve the
standards expected;
the time within which reasonable improvement can be
expected and for further review.
The employee must be given the opportunity to respond
to the issues raised. The outcomes of the discussion will be provided to the
employee in writing and placed on the employees personnel file. The employee
may add comments.
36.5 Stage 2
Lack of improvement to the required standard after
counselling, or poor performance behaviour or conduct, must result in further
counselling. The consequences of continued or repeated unsatisfactory
performance behaviour or conduct must be made clear to the employee.
Prior to the meeting, the employee will be advised of
the nature and reasons for the meeting. The meeting should be conducted in a
private place, without interruptions or distractions.
Counselling must make clear:
identified unsatisfactory performance, behaviour or
conduct;
the standard expected;
the nature of the improvement required;
the appropriate steps to be taken to achieve the
standards expected;
the time within which reasonable improvement can be
expected and for further review;
the consequences of continued unsatisfactory
performance, behaviour or conduct.
The employee must be given the opportunity to respond
to the issues raised.
A Performance Plan may be established identifying the
issues requiring improvement, the actions required, and the standard required.
A review period will be set, during which performance
will be monitored. The review period will normally be of six months' duration
but may be of greater or lesser period depending on the nature of the issues.
The employee outcome of the meeting and of any warning
given will be provided to the employee in writing and placed on the employees
personnel file. The employee may add comments.
36.6 Stage 3
If the employee's performance, behaviour or conduct
does not meet the required standard, or there is serious poor performance,
misbehaviour or misconduct, the matters must be addressed.
NCC may suspend an employee on ordinary pay for a
period which should not generally exceed two weeks to enable an appropriate
investigation.
Management will investigate the issues. Prior to a
meeting the employee will be advised of the nature and reasons for the meeting.
The meeting should be conducted in a private place, without interruptions or
distractions.
The issues will be put to the employee. The employee
will be given the opportunity to respond to the issues. Management will consider
the results of investigation and the responses given.
A Performance Plan may be established identifying the
areas of performance, behaviour or conduct requiring improvement, the required
actions and the required standard.
Disciplinary action may take the form of demotion for a
period of time, suspension without pay for a period not exceeding five working
days, lateral transfer and/or a warning.
The disciplinary action taken and warning will be confirmed
in writing, and a copy placed on the employees personnel file.
36.7 Stage 4
If an employee's performance, behaviour or conduct
continues to be unsatisfactory, or there is serious misconduct, an interview
will be held.
NCC may suspend an employee on ordinary pay for a
period which should not generally exceed two weeks to enable an appropriate
investigation.
Management will investigate the issues. Prior to the
meeting, the employee will be advised of the nature and reasons for the
meeting. The meeting should be conducted in a private place, without
interruptions or distractions.
The issues will be put to the employee. The employee
will be given the opportunity to respond to the issues. Management will
consider the results of investigation and the responses given.
If Management considers there to be a prima facie case
for termination, the employee will be asked to show cause why their employment
should not be terminated.
Summary Dismissal
In some circumstances the conduct or actions of an employee
may warrant instant or summary dismissal.
Accordingly, foregoing procedures will not affect the rights of the NCC
to dismiss an employee.
37. Organisational
Pay Increases
There will be four pay increase made under this Award:
1. payment
equivalent to 1% backdated to the first full pay period on or after 1 December
2005 on base salary.
2. 3.5%
effective the first full pay period on or after 1 July 2006.
3. 3.75%
effective the first full pay period on or after 1 July 2007.
4. 3.75% effective
the first full pay period on or after 1 July 2008.
PART B
MONETARY RATES
Table 1 - Ordinary
Rates of Pay - Trainees and Apprentices
Pay
|
%
of
|
Effective
|
Effective
|
Effective
|
Effective
|
Employment
|
Point
|
Pay
|
date
of
|
F.F.P.P.
|
F.FP.P.
|
F.F.P.P.
|
Categories
|
|
Point
7
|
commencement
|
1
July 2006
|
1
July 2007
|
1
July 2008
|
|
|
|
$
per week
|
$
per week
|
$
per week
|
$
per week
|
|
T(i)
|
50%
|
409.40
|
423.80
|
439.70
|
456.20
|
Apprentice Year 1
|
|
|
|
|
|
|
Trainee - School
|
|
|
|
|
|
|
Certificate Year 1
|
T(ii)
|
60%
|
491.30
|
508.50
|
527.60
|
547.40
|
Apprentice Year 2
|
|
|
|
|
|
|
Trainee - School
|
|
|
|
|
|
|
Certificate Year 2
|
T(iii)
|
70%
|
573.20
|
593.30
|
615.50
|
638.60
|
Apprentice Year 3
|
|
|
|
|
|
|
Trainee - School
|
|
|
|
|
|
|
Certificate Year 3
|
|
|
|
|
|
|
Trainee - Higher School
|
|
|
|
|
|
|
Certificate Year 1
|
T(iv)
|
80%
|
655.00
|
678.00
|
703.40
|
729.80
|
Apprentice Year 4
|
|
|
|
|
|
|
Trainee - School
|
|
|
|
|
|
|
Certificate Year 4
|
|
|
|
|
|
|
Trainees - High School
|
|
|
|
|
|
|
Certificate Year 2
|
T(v)
|
85%
|
696.00
|
720.40
|
747.40
|
775.50
|
Trainee - Higher School
|
|
|
|
|
|
|
Certificate Year 3
|
T(vi)
|
90%
|
736.90
|
762.80
|
791.40
|
821.10
|
Trainee - Higher School
|
|
|
|
|
|
|
Certificate Year 4
|
T(vii)
|
95%
|
777.90
|
805.10
|
835.30
|
866.70
|
Trainee - Higher School
|
|
|
|
|
|
|
Certificate Year 5
|
T(viii)
|
100%
|
818.80
|
847.50
|
879.30
|
912.30
|
Trainee - Higher School
|
|
|
|
|
|
|
Certificate Year 6
|
Commencement level depends on education and experience for
all classifications.
Trainees (Indentured and non-indentured) need to satisfy
both academic and operational requirements to progress from year to year.
Trainees and Apprentices must complete the relevant Traineeship/Apprenticeship
to be eligible for appointment to position in Table 2.
Table 2 - Ordinary
Rates of Pay - All Other Employees
Salary Levels
|
Effective date of
|
Effective F.F.P.P.
|
Effective F.F.P.P.
|
Effective F.F.P.P.
|
|
commencement
|
1 July 2006
|
1 July 2007
|
1 July 2008
|
|
$ per week
|
$ per week
|
$ per week
|
$ per week
|
SP24
|
2,583.70
|
2,674.10
|
2,774.40
|
2,878.40
|
SP23
|
2,352.70
|
2,435.00
|
2,526.30
|
2,621.00
|
SP22
|
2,149.00
|
2,224.20
|
2,307.60
|
2,394.10
|
SP21
|
1,969.60
|
2,038.50
|
2,114.90
|
2,194.20
|
SP20
|
1,811.30
|
1,874.70
|
1,945.00
|
2,017.90
|
SP19
|
1,671.00
|
1,729.50
|
1,794.40
|
1,861.70
|
SP18
|
1,546.20
|
1,600.30
|
1,660.30
|
1,722.60
|
SP17
|
1,435.50
|
1,485.70
|
1,541.40
|
1,599.20
|
SP16
|
1,337.40
|
1,384.20
|
1,436.10
|
1,490.00
|
SP15
|
1,245.70
|
1,289.30
|
1,337.60
|
1,387.80
|
SP14
|
1,164.50
|
1,205.30
|
1,250.50
|
1,297.40
|
SP13
|
1,093.30
|
1,131.60
|
1,174.00
|
1,218.00
|
SP12
|
1,029.50
|
1,065.50
|
1,105.50
|
1,147.00
|
SP11
|
973.70
|
1,007.80
|
1,045.60
|
1,084.80
|
SP10
|
924.40
|
956.80
|
992.70
|
1,029.90
|
SP9
|
885.30
|
916.30
|
950.70
|
986.40
|
SP8
|
850.20
|
880.00
|
913.00
|
947.20
|
SP7
|
818.80
|
847.50
|
879.30
|
912.30
|
SP6
|
790.40
|
818.10
|
848.80
|
880.60
|
SP5
|
766.50
|
793.30
|
823.00
|
853.90
|
SP4
|
745.80
|
771.90
|
800.80
|
830.80
|
SP3
|
727.40
|
752.90
|
781.10
|
810.40
|
SP2
|
712.20
|
737.10
|
764.70
|
793.40
|
SP1
|
698.40
|
722.80
|
749.90
|
778.00
|
Table 3 - Other
Rates and Allowances
Clause
No.
|
Brief Description
|
Frequency
|
Effective
|
Effective
|
Effective
|
Effective
|
|
|
|
date
of
|
F.F.P.P
|
F.F.P.P
|
F.F.P.P
|
|
|
|
commencement
|
1 July
|
1 July
|
1 July
|
|
|
|
Amount
|
2006
|
2007
|
2008
|
|
|
|
$
|
Amount
|
Amount
|
Amount
|
|
|
|
|
$
|
$
|
$
|
20.7.2
|
Vehicle Allowance
|
|
|
|
|
|
|
Vehicle less than 2.5
|
Per
|
|
|
|
|
|
litres
|
Kilometre
|
0.56
|
|
|
|
|
Vehicle 2.5 litres and
|
Per
|
|
|
|
|
|
over
|
Kilometre
|
0.63
|
|
|
|
20.7.3
|
Follow the job
|
Per Day
|
5.20
|
5.38
|
5.58
|
5.79
|
|
Allowance
|
|
|
|
|
|
20.7.4
|
Tool Allowance
|
|
|
|
|
|
|
Carpenter/Plumber
|
Per Week
|
22.40
|
23.18
|
24.05
|
24.96
|
|
Motor Mechanic/
|
|
|
|
|
|
|
Mechanical Fitter
|
Per Week
|
22.40
|
23.18
|
24.05
|
24.96
|
|
Bricklayer/Plasterer
|
Per Week
|
16.10
|
16.66
|
17.29
|
17.94
|
|
Blacksmith
|
Per Week
|
17.80
|
18.42
|
19.11
|
19.83
|
|
Painter/Signwriter
|
Per Week
|
5.80
|
6.00
|
6.23
|
6.46
|
|
Value of Tools
|
|
1,108.90
|
1,147.71
|
1,190.75
|
1,235.40
|
20.7.5
|
Special Conditions
|
|
|
|
|
|
|
Allowances
|
|
|
|
|
|
|
Asphaltic Concrete
|
Per Day
|
5.16
|
5.34
|
5.54
|
5.75
|
|
Oxy Viva
|
Per Day
|
1.14
|
1.18
|
1.22
|
1.27
|
|
First-Aid
|
Per Week
|
9.80
|
10.14
|
10.52
|
10.92
|
|
Emergency Wardens
|
|
|
|
|
|
|
Chief Warden
|
Per Day
|
2.70
|
2.79
|
2.90
|
3.01
|
|
Deputy Warden
|
Per Day
|
2.28
|
2.36
|
2.45
|
2.54
|
|
Warden
|
Per Day
|
1.86
|
1.93
|
2.00
|
2.07
|
|
Work Area Allowance
|
|
|
|
|
|
|
Bricklayers
|
Per Week
|
5.20
|
5.38
|
5.58
|
5.79
|
|
Carpenters
|
Per Week
|
5.20
|
5.38
|
5.58
|
5.79
|
|
Painters & Signwriters
|
Per Week
|
1.30
|
1.35
|
1.40
|
1.45
|
|
Plumbers
|
Per Week
|
12.40
|
12.83
|
13.32
|
13.81
|
|
Urban Trees
|
Per Week
|
10.35
|
10.71
|
11.11
|
11.53
|
|
Pest and Weed
|
Per Week
|
15.55
|
16.09
|
16.70
|
17.32
|
|
Street & Gutter - Broom
|
|
|
|
|
|
|
Operators (Day)
|
Per Week
|
7.75
|
8.02
|
8.32
|
8.63
|
|
Street & Gutter -
|
|
|
|
|
|
|
Eductor
|
Per Week
|
15.55
|
16.09
|
16.70
|
17.32
|
|
Street & Gutter - Field
|
|
|
|
|
|
|
Workers
|
Per Week
|
7.75
|
8.02
|
8.32
|
8.63
|
|
Classified Roads - Field
|
|
|
|
|
|
|
Workers
|
Per Week
|
5.20
|
5.38
|
5.58
|
5.79
|
|
Classified Roads -
|
|
|
|
|
|
|
Motor Vehicle Driver
|
Per Week
|
5.20
|
5.38
|
5.58
|
5.79
|
|
Rapid Response Unit
|
Per Week
|
5.20
|
5.38
|
5.58
|
5.79
|
|
Fleet Operations -
|
|
|
|
|
|
|
Trades, Labourers
|
Per Week
|
5.20
|
5.38
|
5.58
|
5.79
|
|
Fleet Operations -
|
|
|
|
|
|
|
Motor Vehicle Driver
|
Per Week
|
10.35
|
10.71
|
11.11
|
11.53
|
|
Road Maintenance -
|
|
|
|
|
|
|
Field Workers
|
Per Week
|
2.60
|
2.69
|
2.79
|
2.90
|
|
Road Maintenance -
|
|
|
|
|
|
|
Motor Vehicle Driver
|
Per Week
|
1.30
|
1.35
|
1.40
|
1.45
|
|
Road Maintenance -
|
|
|
|
|
|
|
Plant Operator
|
Per Week
|
1.30
|
1.35
|
1.40
|
1.45
|
|
Road Construction -
|
|
|
|
|
|
|
Field Workers
|
Per Week
|
1.30
|
1.35
|
1.40
|
1.45
|
|
Road Construction -
|
|
|
|
|
|
|
Motor Vehicle Driver
|
Per Week
|
5.20
|
5.38
|
5.58
|
5.79
|
|
Road Construction -
|
|
|
|
|
|
|
Plant Operators
|
Per Week
|
5.20
|
5.38
|
5.58
|
5.79
|
|
Parks Maintenance -
|
|
|
|
|
|
|
Plant Operators
|
Per Week
|
5.20
|
5.38
|
5.58
|
5.79
|
|
Parks Maintenance -
|
|
|
|
|
|
|
Field Workers
|
Per Week
|
5.20
|
5.38
|
5.58
|
5.79
|
20.7.6
|
Confined Space
|
|
1.94
|
2.01
|
2.08
|
2.16
|
|
Minimum Per Hour
|
Per Hour
|
0.46
|
0.48
|
0.49
|
0.51
|
20.7.7
|
Shift Allowance
|
|
|
|
|
|
|
2 or 3 Shift Allowance
|
Per Day
|
16.02
|
16.58
|
17.20
|
17.85
|
|
Early Morning Shift
|
|
|
|
|
|
|
Allowance
|
Per Day
|
6.70
|
6.93
|
7.19
|
7.46
|
Appendix
|
Computer Services Staff
|
Per Shift
|
16.01
|
16.57
|
17.19
|
17.84
|
A
(iii)
|
|
|
|
|
|
|
Appendix
|
Cleaners
|
Per Shift
|
6.71
|
6.94
|
7.21
|
7.48
|
A
(v)(b)
|
|
|
|
|
|
|
Appendix
|
Cleaners
|
Per Day
|
11.35
|
11.75
|
12.19
|
12.64
|
A
(v)(c)
|
|
|
|
|
|
|
Appendix
|
Parking Station
|
Per Shift
|
16.01
|
16.57
|
17.19
|
17.84
|
A
(xi)(a)
|
Employees
|
|
|
|
|
|
Appendix
|
Ordinary hours,
|
|
|
|
|
|
A
(xiv)
|
Rostered Shift finishing
|
|
|
|
|
|
|
after 6.30pm and at or
|
Per Shift
|
16.01
|
16.57
|
17.19
|
17.84
|
|
before midnight
|
|
|
|
|
|
23.7
|
Meal Allowance
|
|
8.10
|
|
|
|
25.5
|
On Call Allowance
|
Per Week
|
122.90
|
127.20
|
131.97
|
136.92
|
Appendix A - Hours of Work - Continuing Arrangements
This is Appendix A referred to in sub clause 20.7.7 of
Clause 20 Salary System
(i) Animal
Control Officers, Ordinance Officers, Rangers - The ordinary working hours shall
not exceed 76 per fortnight including Saturday, Sunday and public holidays as
rostered in shifts of not more than seven and three-fifths hours per day;
provided that the employee shall be allowed off two full days each week.
(ii) Beach
Inspectors - The ordinary working hours shall not exceed thirty-eight per week
to be worked in five shifts, which shall include Saturday and Sunday as
rostered.
(iii) Computer
Services Staff - Computer Services Staff who are required to work an ordinary
hours rostered shift finishing after 6.30pm and at or before midnight, Monday
to Friday excluding public holidays, or a shift finishing subsequent to
midnight and at or before 8.00am Monday to Friday inclusive, except public
holidays, shall be paid an allowance as set out in Item 43 of Table 3 - Other
Rates and Allowances, of Part B, Monetary Rates, for each shift worked.
(iv) Curators - The
ordinary working hours shall be thirty-eight per week, including Saturday,
Sunday and public holidays as rostered; provided that the employee shall be
allowed one full day off each week.
(v) Cleaners -
(a) The ordinary
working hours shall not exceed thirty-eight per week, to be worked between the
hours of 4.00am and 7.00pm on Monday to Friday, inclusive, with a half hour for
a meal.
(b) Cleaners
required to work an ordinary-hours rostered shift commencing at or after 4.00am
and before 5.30am Monday to Friday, excluding public holidays, shall be paid an
allowance as set out in Item 44 of the said Table 3 for each shift worked.
(c) Cleaners
required to perform a rostered daily shift in two parts shall be paid an
allowance per day as set out in Item 45 of Table 3, Monday to Friday, excluding
public holidays, on each day the rostered shift is performed in two parts.
(vi) Chauffeurs - The
ordinary working hours shall be thirty-eight per week, Monday to Saturday, as
required.
(vii) Commissionaires
- The ordinary working hours shall be thirty-eight per week, to be worked on
Monday to Saturday as rostered in shifts of not more than seven and
three-fifths hours per day.
(viii) Garbage and
Street Cleaning Supervisors - The ordinary working hours of the garbage and
street cleansing service supervisors shall be thirty-eight per week, to be
worked not more than seven and three-fifths hours per day between the spread of
hours of 5.00am and 5.30pm Monday to Friday, inclusive.
(ix) Library
Employees - The ordinary working hours for library employees working shift work
shall not be more than thirty-five per week, to be worked in accordance with a regular
roster between the hours of 8.00am and 9.00pm Monday to Friday, inclusive and
8.00am and 5.00pm Saturday, in straight shifts not exceeding eight consecutive
hours inclusive of a meal break of one hour.
(x) Motor Vehicle
Drivers, Street Sweeping and/or Flushing - The ordinary working hours shall not
exceed thirty-eight per week, to be worked between the hours of 11.00pm and
8.00am on weekdays. Employees so
working shall be entitled to the relevant shift work allowance applicable to a
two or three shift worker.
(xi) Parking
Station Employees:-
(a) The ordinary
hours of Parking Station Attendants other than those engaged on shift work
shall be thirty-eight per week to be worked not more than seven and three-fifths
hours per day, Monday to Saturday, between the spread of hours of 6.30am and
8.30pm Monday to Friday and 6.30am and 1.30pm on Saturdays. Attendants required to work an ordinary
hours rostered shift finishing after 6.30pm, Monday to Friday inclusive,
excluding public holidays, shall be paid an allowance as set out in Item 46 of
Table 3 for each shift worked.
(b) The ordinary
working hours for Parking Station Attendants working shift work shall be 38 per
week to be worked not more than seven and three-fifths hours per day between a
spread of hours commencing at 6.30 am each day (except Sunday) and extending to
1.30am the following morning. Employees
working a roster in accordance with this paragraph will be considered to be two
shift workers and entitled to the relevant shift work allowance.
(xii) Pool Employees
- The ordinary working hours shall not exceed seventy six per fortnight, to be
worked as rostered, Monday to Sunday, including public holidays; provided that
at least two (2) days are allowed off each fortnight.
(xiii) Scavengers and
Drivers, Day Work - The ordinary working hours shall be thirty-eight per week,
to be worked not more than seven and three fifths hours per day between the
spread of hours of 5.00am and 5.30pm Monday to Friday, inclusive.
(xiv) An employee
engaged in any classifications appearing in subclauses (v), (vi), (vii), (ix),
(xi) and (xii) of this Appendix, required to work an ordinary-hours rostered
shift finishing after 6.30pm and at or before midnight, Monday to Friday,
excluding public holidays, shall be paid an allowance as set out in Item 47 of
Table 3 for each such shift worked.
Appendix B - Skills/Qualifications Allowances
This is Appendix B referred to in Clause 20, Salary System.
The previous award provisions referred to in sub-clause
20.1.2 are as follows:-
1. Municipal
Employees’ Newcastle (Wages Division) Award published 8 November 1989 (258 I.G.
365), as varied - clause 7 Extra Allowances.
(i) Sub Clause
(v) regarding Electrical Fitter/Mechanic.
(ii) Sub Clause
(vi) regarding driving vehicles to which equipment is attached.
(iii) Sub Clause
(xxiv) regarding Gardeners and etc, holding Horticultural Certificates and
Greenkeeping Course qualifications.
(iv) Sub Clause
(xxv) regarding employees using oxy-viva resuscitation units.
(v) Sub Clause
(xxvi) regarding Plumbers’ Registration Certificate.
(vi) Sub Clause
(xxvii) regarding Beach Inspectors and Pool Attendants in possession of a First
Aid Certificate.
(vii) Sub Clause (xxviii)
regarding Plant Operator Field Service and Adjustment Allowance.
(viii) Sub Clause
(xxx) regarding Power Boat Allowance for Beach Inspectors.
(ix) Sub Clause
(xxxi) regarding Crane Chaser’s Allowance.
(x) Sub Clause
(xxxii) regarding Crane Driver’s Allowance.
(xi) Sub Clause
(xxxiii) regarding LPG Allowance for Plumbers.
2. Municipal
Employees’ Newcastle (Salaried Division) Award published 8 November 1989 (260
I.G. 721) as varied - clause 6 Allowances regarding employees holding a
Horticultural Certificate or a Greenkeeping course qualification.
3. Health
Surveyors’ Newcastle Award published 3 April 1985 (237 I.G. 1) - paragraph (a)
of clause 6 Salaries regarding qualification allowances for Trainee Health
Surveyors.
R.
W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.