Crown Employees (Planning Officers) Award 2016
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 2016/00009054)
Before Commissioner Stanton
|
2 August 2016
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Definitions - General
3. General Conditions of Employment
4. Classifications and Salary Structures
5. Working Hours
6. Flex Leave
7. Appeals Mechanism - Soft Barrier
8. Anti-Discrimination
9. Grievance and Dispute Resolution
Procedures
10. Savings of Rights
11. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 -
Salaries
ANNEXURE A
Flexible Working
Hours Agreement 2016
PART A
1. Title
This Award will be known as the Crown Employees (Planning
Officers) Award 2016.
2. Definitions -
General
"Act" means the Government Sector Employment Act
2013.
"Award" means the Crown Employees (Planning
Officers) Award 2016.
"Association" means the Public Service Association
and Professional Officers’ Association Amalgamated Union of New South Wales.
"Department" means the NSW Department of Planning
and Environment.
"Director" means an employee of the Department
with management responsibilities for a region, branch, unit or discrete group
of people, who has delegation, as determined from time to time, to perform some
the functions of the Industrial Relations Secretary.
"Director, Human Resources" means the person in
charge of the Human Resource function of the Department.
"Employee" means and includes all persons employed
from time to time under the provisions of the Government Sector Employment Act
2013.
"Executive Director" means a Senior Executive
employee of the Department with significant management responsibilities,
heading up a division of the Department, who has delegation, as determined from
time to time, to perform the functions of the Industrial Relations Secretary.
"Hard Barrier" means a barrier to a higher level
within a classification that can only be accessed by merit through a
competitive selection process.
"Industrial Relations Secretary" means the
Industrial Relations Secretary, as established under the Government Sector
Employment Act 2013.
"Normal Work" for the purposes of clause 9,
Grievance and Dispute Resolution Procedures of this Award, means the work
carried out in accordance with the employee’s role or role description at the
location where the employee was employed, at the time the grievance or dispute
was notified by the employee.
"Planning Officer or PO" means a person employed
on an ongoing or temporary basis in the Department either as a full-time or
part-time employee, in any capacity under the provisions Part 4 of the Act,
performing those professional planning including employees on probation. This
does not include the Secretary, statutory appointees or Senior Executive
employees as defined under the Act.
"Role" means a role pursuant to Part 1, Section
3(1) of the Government Sector Employment Act 2013.
"Salary Rates" means the ordinary time rate of pay
for the employees grading excluding shift allowance, weekend penalties and all
other allowances not regarded as salary.
"Secretary" means the Department Head of the
Department as listed in Part 1, Schedule 1 Public Service Agencies, of the Act.
"Service" means continuous service for salary
purposes.
"Soft Barrier" means an identified progression
requirement (as distinct from normal incremental progression) to move from one
year to the next within the same level.
This progression is not automatic but based on meeting specific
performance or skill competency requirements as set out in this Award.
"Student Planner" means a person temporarily employed
in the Department either as a full-time or part-time employee, in any capacity
under the provisions of Part 4 of the Act, and performing student planning
functions. The student planner must be currently enrolled in university and
studying a relevant degree or discipline.
"Supervisor" means an employee of the Department
with supervisory responsibilities who has delegation, as determined from time
to time, to perform the functions of the Secretary.
3. General
Conditions of Employment
3.1 Except as otherwise
provided by this Award the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 will apply.
3.2 The following
awards and agreements will continue to apply to employees covered by this
Award:
Crown
Employees (Transferred Employees Compensation) Award
Crown
Employees (Public Sector - Salaries 2016) Award or an award replacing it.
3.3 Conditions of
employment other than those fixed by this Award are determined by the Act and
the Government Sector Employment Regulation 2014.
4. Classifications
and Salary Structures
4.1 All Planning
Officers will be paid in accordance with the salary structures as set in this
clause and Table 1 - Salaries of Part B, Monetary Rates of this Award.
4.2 Employees known
as Planning Officers will have a title that reflects their functional
responsibility as shown in sub-clauses 4.5 and 4.12 of this clause.
4.3 No employee is
to be disadvantaged by the application of this Award.
4.4 Increments
Incremental progression for all employees will be
subject to a satisfactory performance report recommending progression other
than for soft barrier progression where set criteria as detailed in this Award
need to be satisfied.
4.5 Planning
Officer, Levels 1(a) and 1(b)
4.5.1 The Planning
Officer classification and salary structure replaces the former Town
Planner/Specialist and Legal Officer classifications for those employees
performing planning functions under this Award.
4.5.2 Employees
Eligible to be assigned to a role as a Planning Officer
Assignment to a role in the Planning Officer
classification requires a university degree qualification or a qualification
deemed by the Secretary to be equivalent except as otherwise specified in
sub-paragraphs (a), b) and (c) of this sub-clause.
(a) Employees
working directly in property and development activities must have an accredited
property related qualification as well as demonstrated expertise and experience
developed from a range of property disciplines and backgrounds such as but not limited
to engineering, surveying, valuing, real estate, land economics and
architecture.
(b) Roles with
special requirements such as Aboriginality may not require a degree
qualification.
(c) Employees
already assigned to a Planning Officer role on an ongoing basis do not have to
satisfy the tertiary qualification criterion when applying for other Planning
Officer roles.
4.6 Planning
Officer Level 1(a)
4.6.1 Roles may be
established as Level 1(a) and where so established assignment to role to Level
1(a) will be through competitive selection.
4.6.2 Planning Officer
Level 1 is an entry level classification.
4.6.3 When Level 1(a)
Planning Officers are directed to perform work commensurate with Level 1(b) due
to absences or some other reason, they may be paid at the appropriate higher
rate by way of an allowance for Temporary Assignment to a Higher Role under
Division 4, Clause 20, Government Sector Employment Regulation 2014.
4.7 Planning
Officer Level 1(b)
4.7.1 Roles may be
established as Level 1(b) and where so established assignment to role to Level
1(b) will be through competitive selection.
4.7.2 A soft barrier
progression from Level 1(a) Year 5 to Level 1(b), Year 1, is for the purpose of
‘grand fathering’ remaining substantive roles. Where the assigned employee was
assigned as a Planning Officer (Professional) Level 1 - 9 (whether before or
after the introduction of Level 1(a) and Level 1(b) progression) will be
conditional on the Secretary being satisfied that the employee has been
employed at Level 1 Year 5 or Level 1(a) Year 5 for at least twelve (12) months
and has demonstrated competency in three or more of the following criteria:
(i) The ability
to work independently and without regular supervision; and or
(ii) Good
communication skills; and/or
(iii) Well
developed specialist or other skills; and/or
(iv) Project
management skills; and/or
(v) The ability to
provide high quality advice; and
(vi) The
demonstrated ability to identify issues and provide practical options.
4.8 Planning Officer
Level 2
Roles may be established as Level 2 and assignment to a
role or progression to Level 2 will be through competitive selection.
4.9 Planning
Officer Level 3
4.9.1 Roles may be
established as Level 3 and assignment to role or progression to Level 3 will be
through competitive selection.
4.9.2 Progression to
Level 3, Year 4 (soft barrier) requires the Secretary being satisfied that the
employee has been employed at Level 3, Year 3 for a period of twelve (12)
months and has demonstrated competency in three or more of the following
criteria:
(i) Management of
employees; and/or
(ii) Strategic
policy/program development and implementation; and/or
(iii) Representing
the Department on substantial matters; and/or
(iv) Project/program
management skills; and/or
(v) Relevant
technical skills.
4.10 Planning Officer
Level 4
Roles may be established as Level 4 and assignment to a
role or progression to Level 4 will be through competitive selection.
4.11 Planning Officer
Level 5
Roles may be established as Level 4 and assignment to a
role or progression to Level 4 will be through competitive selection.
4.12 Student Planners
The commencing salary rate for an employee appointed as
a Student Planner will normally be Year 1 of the Student Planner salary rates
set out in Table 1 - Salaries of Part B, Monetary Rates of this Award.
5. Working Hours
5.1 These
conditions will be determined and may be varied by local arrangement in terms
of clause 10 of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009. Working hours of
Planning Officers under clause 4 of this Award will be covered by the
Department’s Flexible Working Hours Agreement 2016 or its successor.
5.2 An employee, if
directed to work or travel outside the usual hours of duty may be entitled to
the ‘Overtime’ provisions or the ‘Excess travelling time’ provisions of the
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009.
5.3 A flexible and
adaptable approach to working hours shall be adopted to meet peak demands, out
of hours client demands, and the personal circumstances of employees of the
Department.
5.4 Flexible
working hours will only be available on the condition that an adequate service
is maintained at all times. Services provided by the Department will not be
withdrawn to accommodate the absence of employees under any flexible working
hours arrangements.
5.5 At all times,
the business needs of the Department must have priority.
6. Flex Leave
The Flexible leave entitlements in Annexure A to this Award
have been developed in recognition of the additional hours worked to meet the
needs of the Department. Hours worked and flex leave taken are at the
convenience of both the Department and the employee. The working hours of
employees are those prescribed in the NSW Department of Planning and
Environment Flexible Working Hours Agreement 2016.
7. Appeals
Mechanism - Soft Barrier
7.1 An employee has
the right to appeal any decision made by the Department in relation to a soft
barrier progression under the provisions of this Award.
7.2 Employees will
submit a written submission outlining their case to the Director, Human
Resources within 28 days of the written notification of the decision.
7.3 The Director,
Human Resources or their delegate will convene and chair an appeals committee
made up of (in addition to the convenor) one Management representative who was
not a party to the decision, one representative nominated by the Association
and one peer who is acceptable to both Management and the Association.
7.4 The appeal will
be heard within 28 days of the submission being lodged and the recommendation
of the committee will be forwarded to the Secretary or delegate for approval.
7.5 The decision of
the Secretary or delegate will be forwarded to the employee concerned within
seven (7) working days of the appeal being heard.
7.6 This appeals
mechanism does not cover matters that are properly dealt with by the NSW
Industrial Relations Commission or the Department’s Grievance Management Policy.
7.7 In the event
the appeal committee cannot reach a majority decision the matter will be
decided by the Secretary or delegate.
8. Anti-Discrimination
8.1 It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age, responsibilities as a
carer.
8.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not directly
or indirectly discriminatory in their effects.
It will be consistent with the fulfilment of these obligations for the
parties to make application to vary any provision of the Award which, by its
terms or operation, has a direct or indirect discriminatory effect.
8.3 Under the
Anti-Discrimination Act 1977, it is unlawful to victimise an employee because
the employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
8.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons less than 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.
8.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
8.7 Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
9. Grievance and
Dispute Settling Procedures
9.1 All grievances
and disputes relating to the provisions of this Award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the appropriate
department, if required.
9.2 An employee is
required to notify in writing their immediate manager, as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter,
and if possible, state the remedy sought.
9.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the employee to advise their immediate
manager, the notification may occur to the next appropriate level of
management, including where required, to the Secretary or delegate.
9.4 The immediate
manager, or other appropriate employee, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to their attention.
9.5 If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This manager shall respond
within two (2) working days, or as soon as practicable. The employee may pursue the sequence of
reference to successive levels of management until the matter is referred to
the Secretary.
9.6 The Secretary
may refer the matter to the Industrial Relations Secretary for consideration.
9.7 If the matter
remains unresolved, the Secretary shall provide a written response to the
employee and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
9.8 An employee, at
any stage, may request to be represented by the Association.
9.9 The employee or
the Association on their behalf or the Secretary may refer the matter to the
NSW Industrial Relations Commission if the matter is unresolved following the
use of these procedures.
9.10 The employee,
Association, Department and, Industrial Relations Secretary shall agree to be
bound by any order or determination by the NSW Industrial Relations Commission
in relation to the dispute.
9.11 Whilst the
procedures outlined in sub-clauses 9.1 to 9.10 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty shall continue unless otherwise agreed between the parties, or, in
the case involving work health and safety, if practicable, normal work shall
proceed in a manner which avoids any risk to the health and safety of any employee
or member of the public.
10. Savings of
Rights
10.1 At the time of
the making of this Award no employee covered by this Award will suffer a
reduction in his or her rate of pay or any loss or diminution in his or her
conditions of employment as a consequence of the making of this Award.
10.2 Should there be
a variation to the Crown Employees (Public Sector - Salaries 2016) Award or an
Award replacing that Award employees of the Department will maintain the same
salary relationship to the rest of the public service. Any such salary increase will be reflected in
this Award either by variation to it or by the making of a new Award.
11. Area,
Incidence and Duration
11.1 This Award shall
apply to those employees of the NSW Department of Planning and Environment
employed in classifications as listed in clause 4, Classification and Salary
Structures of the Award.
11.2 The changes made
to the Award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for Review of
Awards made by the NSW Industrial Relations Commission on 28 April 1999 (310
I.G. 359) take effect on and from 2 August 2016.
11.3 Changes made to
this Award subsequent to it first being published on 30 May 2008 (365 I.G.
1708) have been incorporated into this Award as part of the review.
11.4 This Award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Salaries
Operative from the beginning of the first pay period to
commence on or after 1.7.2016.
CLASSIFICATION
|
|
1 July 2016
|
|
|
$ Per Annum
|
Student Planner
|
|
2.5%
|
Year 1
|
CSP 23
|
$49,039
|
Year 2
|
CSP 28
|
$51,168
|
Year 3
|
CSP 32
|
$53,060
|
Year 4
|
CSP 40
|
$57,015
|
|
|
|
PLANNING OFFICER (PROFESSIONAL)
|
|
|
Level 1(a)
|
|
|
Year 1
|
CSP 59
|
$67,951
|
Year 2
|
CSP 69
|
$75,025
|
Year 3
|
CSP 76
|
$80,259
|
Year 4
|
CSP 80
|
$83,439
|
Year 5
|
CSP 84
|
$86,684
|
Progression/ promotion soft barrier (clause 4.7.2)
|
|
|
Level 1(b)
|
|
|
Year 1
|
CSP 90
|
$92,026
|
Year 2
|
CSP 94
|
$95,776
|
Year 3
|
CSP 97
|
$98,782
|
Year 4
|
-
|
$103,698
|
|
|
|
Level 2
|
|
|
Year 1
|
CSP 108
|
$110,046
|
Year 2
|
-
|
$113,236
|
Year 3
|
CSP115
|
$117,786
|
|
|
|
Level 3
|
|
|
Year 1
|
CSP 117
|
$120,124
|
Year 2
|
-
|
$125,161
|
Year 3
|
CSP 124
|
$128,917
|
Progression/ promotion soft barrier (clause 4.9.2)
|
|
|
Year 4
|
CSP 128
|
$134,528
|
Year 5
|
-
|
$139,891
|
|
|
|
Level 4
|
|
|
Year 1
|
-
|
$154,229
|
Year 2
|
-
|
$160,690
|
Year 3
|
-
|
$167,282
|
|
|
|
Level 5
|
|
|
Year 1
|
-
|
$176,161
|
Year 2
|
-
|
$180,545
|
APPENDIX A
FLEXIBLE WORKING HOURS AGREEMENT 2016
NSW DEPARTMENT OF PLANNING AND ENVIRONMENT
1. Title of the
Agreement
This Agreement shall be known as the NSW Department of
Planning and Environment Flexible Working Hours Agreement 2016.
2. Arrangements
1. Title of
the Agreement
2. Arrangements
3. Definitions
4. Parties
5. Area,
incidence, duration and purpose
6. Ordinary
hours
7. Contract
hours
8. Business
hours
9. Staffing
levels and rosters
10. Bandwidth
11. Core time
12. Varying
hours of duty
13. Settlement
period
14. Principles
underlying flex leave and banking of accrued flex leave
15. Flex leave
16. Flex leave
arrangements (Banking of flex leave)
17. Meal
breaks
18. Accumulation,
carry over and compensation for full-time employees
19. Pro-rata
flex leave accumulations and carry over for art-time employees
20. Transfers
21. Breaches
of flexible working hours arrangements
22. Termination
of service
23. Grievance
Management
3. Definitions
"The Department" means the NSW Department of
Planning and Environment.
"Employees" means all employees employed under the
Government Sector Employment Act 2013 with the exception of those employed
under Part 4, Division 4 - Public Service Senior Executives.
"Part-time employee" means any employee whose
ordinary hours of work are less than 140 hours per settlement period.
"Flexible Working Hours" - for the purposes of
this Agreement, flexible working hours hereinafter referred to as flex time, is
a system of attendance at an office or worksites of the Department within which
an individual employee may select their starting and finishing time on each
normal working day, subject to the concurrence of the Department, and in
accordance with conditions set out in this Agreement.
"Union" means The Public Service Association and
Professional Officers’ Association Amalgamated Union of New South Wales.
"Award" means the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2009.
4. Parties
The parties to this Agreement are:
(i) The Public
Service Association and Professional Officers’ Association Amalgamated Union of
New South Wales;
(ii) The NSW
Department of Planning and Environment
(iii) The
Industrial Relations Secretary
The parties shall co-operate in the monitoring of the
operation of the Agreement by bringing identified operational and
administrative problems, and any matters which cannot be resolved in the first
instance at the workplace level, to the Department’s Joint Consultative
Committee.
5. Area,
Incidence, Duration and Purpose
This Agreement is made pursuant to clause 10, Local
Arrangements of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009, with the approval of the Industrial Relations Secretary,
between the NSW Department of Planning and Environment on the one part, and the
Public Service Association and Professional Officers’ Association Amalgamated
Union of New South Wales on the other part.
It replaces in part clause 12, Hours of Duty of the Award.
Unless otherwise stated in this Agreement, any remaining provisions of clause
12 of the aforementioned Award remain unaffected by this Agreement and shall
continue to apply for the nominal term. To the extent that any part of this
Agreement conflicts with clause 12, this Agreement will prevail. This Agreement
is to be read in conjunction with clauses 5 and 6 of the Crown Employees
(Planning Officers) Award 2016.
The Agreement shall take effect on and from 7th day of July
2008 and shall remain in force for a period of twenty four months unless varied
or terminated by consent earlier. The Agreement shall continue to operate after
the termination date unless varied by consent, or terminated by the provision
of 3 months' notice by either party.
The parties to this Agreement are committed to the facilitation
of an equitable arrangement for all employees employed by the Department to
access, and utilise accumulated credit hours over and above their contract
hours, as far as practicable, and arrange for the equitable administration of
this Agreement throughout the Department.
The Department will endeavour to ensure that staffing levels
and work rosters are adequate to ensure that employees have access to the
provisions of the Agreement. The Union shall ensure that employees co-operate
by working within the operational requirements of the Department.
6. Ordinary
Hours
For employees employed under the Government Sector
Employment Act 2013 the ordinary working hours for:
(i) Full-time
employees are 7 hours per day, 35 hours per week (140 hours per 4 week settlement
period).
(ii) Part-time
employees will be set out in their part-time arrangements. (These arrangements
are agreed to and documented.)
Employees who do not wish to work additional hours will
suffer no discrimination or disadvantage.
7. Contract Hours
Contract hours are the minimum hours for which an employee
would be required to be on duty during a settlement period. For the purposes of
this Agreement the minimum contract hours required of a full-time employee for
a settlement period shall be 140 hours. Contract hours for part-time employees
will be set out in their documented part-time arrangements.
8. Business
Hours
Business hours are the span of hours during which the
Department offices are open to members of the public, normally 9:30 am to 4:30
pm.
9. Staffing
Levels and Rosters
(i) The
Department will ensure, and the Union shall co-operate in the necessary
arrangements, that adequate staffing levels are maintained during business
hours to ensure a full range of client services are available during business
hours.
(ii) Managers and
employees in individual offices or work sites of the Department may negotiate a
roster system to ensure the equitable management of the flex time and/or flex
leave system, so that no individual employee is disadvantaged in anyway in
relation to the operation of this Agreement.
(iii) Where formal
roster arrangements are introduced or are already in operation, those roster
arrangements, and the operation of the roster, shall be negotiated between the
responsible manager or supervisor and the employees concerned. Employees
involved may request a Union delegate to assist with the negotiation of roster
arrangements, if required.
(iv) As far as
practicable a timetable for roster arrangements, and operation of the roster
for a period of three (3) months or more should be negotiated.
10. Bandwidth
(i) The bandwidth
(span of hours) operating during the term of this Agreement for normal working
days shall be between the hours of 7:00 am and 6:30 pm.
(ii) The bandwidth
may be varied by agreement with the appropriate director and the employee in a
particular workgroup, unit, branch, region or directorate to suit operational,
climatic needs or with specific individuals to assist with care
responsibilities or other needs.
(iii) An employee
may select their starting and finishing times within the bandwidth subject to
core time provisions and the Department’s concurrence.
(iv) Any time
worked during a settlement period before or after the bandwidth, unless
otherwise stated in this Agreement, shall not be credited to the employee in
any calculation of accumulated credit hours.
(v) An employee
who, for personal or family circumstances wishes to work outside the bandwidth
or core time stated in Clause 11 on either a temporary or ongoing arrangement
shall apply to the appropriate executive director or director, in writing, for
approval. Such arrangements made at the employee’s request, will not attract
any additional penalty rate payment.
11. Core Time
Core time is that period of the working day when all
employees are required to be on duty unless on lunch break or approved leave.
The standard core time which will apply to all employees is
9:30 am to 3:30 pm.
Whilst employees need to attend the workplace only between
9:30 am and 3:30 pm, managers/ supervisors and employees may negotiate a roster
system to ensure equitable management of adequate employee levels during office
hours to ensure a full range of client services are available during business
hours as stated in Clause 9 of this Agreement.
Rosters should be reviewed at three (3) monthly intervals or
at the request of individual employees.
In recognising that employees may need to meet their care
responsibilities or other needs as well as the operational needs of the
Department, any variation must be approved by branch managers. Approvals should
be written and are to be reviewed every six (6) months or earlier at the
request of the employee.
12. Varying Hours
of Duties
Where an employee as a result of their care
responsibilities, or urgent personal reasons is unable to observe the general
hours operating in the Department, the employee may request a variation to
their hours of attendance on a one off, short or long term subject to the
following:
(i) the variation
does not adversely affect the operational requirements;
(ii) variation in
hours are the result of consultation between a manager and an employee;
(iii) flexitime debit
or credit hours are met at the end of the settlement period where applicable;
(iv) ongoing
arrangements are documented;
(v) no overtime or
meal allowances are made to an employee as a result of an agreement to vary the
hours;
(vi) a lunch break
of one hour is available to an employee, unless an employee elects to reduce
the break to not less than thirty (30) minutes; and
(vii) the variation
is approved by the manager.
13. Settlement
Period
The 4 week period in which time is recorded commences on a
Monday and concludes on a Friday.
14. Principles
Underlying Flex Leave and Banking of Accrued Flex Leave
(i) The parties
to this Agreement acknowledge that there is a need for the manager or
supervisor and employees to plan work. Tools such as a Performance Management
System help with the planning of work. Managers and supervisors in consultation
with employees, need to plan the hours to be worked in a settlement period, the
flex leave to be taken in a settlement period, and the estimated additional
paid hours of work in a particular settlement period.
(ii) In planning
working hours, account will be taken of past working hours and arrangements and
agreement by the employee/workgroup, manager or supervisor on the estimated
time required to satisfactorily undertake prescribed duties. Planning for these
tasks shall be on a regular basis, and any significant variation in estimated
time shall be identified by either the manager or employee and the plan jointly
revised.
(iii) All
significant variations to the agreed estimated time to satisfactorily undertake
prescribed duties shall be agreed between the employee and manager prior to the
time being worked.
15. Flex Leave
(i) All flex
leave granted shall be at the convenience of the Department and the
requirements of the Department’s clients and the public. Requests for flex
leave should be discussed and negotiated between an employee and their
supervisor, reasonable notice should be given and their supervisor’s approval
obtained prior to proceeding on flex leave. This includes flex leave taken
during transport disruptions or other emergencies.
(ii) Flex leave
may be taken as two (2) full days or four (4) half days or a combination of
full and half days to a maximum of two days during a settlement period.
(iii) It is not
necessary for an employee to have a credit balance when taking flex leave.
(iv) An employee
working under an agreed roster may be rostered to take a flex leave entitlement
on an identified normal working day, or days, during the roster period.
(v) Flex leave may
be taken immediately before, and/or after, a period of recreation leave and any
other form of approved paid leave.
(vi) Flex leave may
be taken on consecutive working days, irrespective of whether these days are in
different settlement periods.
(vii) An employee
may be requested by their manager to take flex leave if the maximum credit
accrual is likely to be exceeded during or by the end of a settlement period.
(viii) An employee
will not be able to access banked flex days in instances whereby their
recreation balance exceeds forty (40) days.
16. Flex Leave
Arrangements - Banking of Flex Leave
In a number of instances workload demands will require
employees to work long hours thus accruing significant extra flex credits. In
order to achieve some compensation for employees who work extra hours, the
following provision for the banking of flex leave will apply: These instances could
include but are not necessarily limited to, budgeting, business planning, end
of financial year, and emergency service activities.
(i) Prior
agreement on workload constraints should be reached between the employee and
manager or supervisor in order for the employee to bank a flex day.
(ii) Where
workload demands have prevented an employee from taking flex leave (as provided
for in Clause 15 (ii)) an employee may apply to bank the flex leave that was
not taken - either a full or half day. The remaining hours of credit should be
added to the normal flex credit.
(iii) An employee
does not have to be in credit to bank flex leave. When banking a full day flex
leave an employee must not be more than three hours in debit. When banking a
half day flex an employee must not be more than six and a half (6 1/2) hours in
debit at the end of the settlement period. That is, the total debit may not
exceed ten (10) hours.
(iv) All flex leave
banked is required to be in half or full days, subject to clause (ii) above.
(v) Up to two (2)
flex days may be accrued and banked per settlement period. Subject to clause
(ii) above.
(vi) An employee
may bank up to a maximum of five (5) days (thirty-five (35) hours), which can
be taken at a mutually convenient time, if the employee’s recreation balance is
less than forty (40) days.
(vii) Banked flex
leave can be taken in conjunction with other forms of approved paid leave.
(vii) In addition to
the entitlements under Clause 17(a) (3) of the Award, any banked flexi leave
may be taken during transport disruptions or other emergencies.
17 Meal Breaks
(i) An employee
shall be required to take a meal break not more than five (5) hours after
commencing work, or before 2:00 pm. whichever is the earlier.
(ii) An employee
shall be entitled to a meal break of one (1) hour. Consultation with a
manager/supervisor is necessary for a meal break in excess of this time.
(iii) The minimum
meal break permitted is thirty (30) minutes.
(iv) The maximum
meal break permitted is two and half (2 1/2) hours during the span of 11:30 am
to 2:30 pm.
18. Accumulation
and Carry Over for Full-Time Employees
(i) An employee
may accumulate credit or debit hours throughout a settlement period, and carry
forward credit and debit hours between settlement periods provided that at the
end of a settlement period the number of credit hours does not exceed ten (10)
hours or debit hours does not exceed ten (10) hours.
(ii) When an
employee’s accumulation of debit hours exceeds ten (10) hours at the end of a
settlement period, the excess debit hours shall be debited against any banked
flex leave, or if none is available, accrued recreation leave, or if no such
leave is available, debited as leave without pay.
(iii) When an
employee’s accumulation of credit hours exceeds ten (10) hours at the end of a
settlement period, the excess credit hours may be banked subject to Clause 16
above. Where the employee already has thirty five (35) hour banked any
additional hours will be forfeited.
(iv) The Department
shall make every effort to ensure that an employee does not consistently
forfeit excess credit hours at the conclusion of settlement periods as a result
of requests for flexi leave being refused.
19. Pro-Rata Flex
Leave Accumulation and Carry Over for Part-Time Employees
(i) An employee
who is employed under a part-time work arrangement which does not require fixed
starting or finishing times on all the normal working days may accrue up to the
maximum pro-rata accumulated credit and debit entitlements under this Agreement.
Example: An employee who works twenty eight (28) hours
per week would be entitled to accumulate a maximum credit or debit of eight (8)
hours at the end of the settlement period i.e. normal carry - normal hours x
actual hours (10/35 x 28) = 8.
(ii) Contract
hours for an employee working under a part-time Agreement shall be calculated
on the total number of agreed hours to be worked in a settlement period.
Example: An employee who works twenty-one (21) hours
per week - their contract hours will be eighty-four (84) hours per settlement
period i.e. actual hours worked x 4 (21 x 4) = 84.
(iii) An employee
who elects to change from full-time to part-time work, by agreement may be
permitted to exhaust accumulated flex leave entitlements prior to commencing
part-time work, or have any existing accumulated credit balance carried over.
Future entitlements for flex leave from this accumulated credit hour balance
carry over shall be calculated on the basis of full-time work until exhausted.
(iv) An employee
who changes from part-time to full-time employment by agreement may be
permitted to exhaust accumulated flex leave entitlements prior to commencing
full-time work, or carry over the entitlement, which continues until exhausted.
(v) A part-time
employee working under flexible working hours arrangements may be entitled to
up to two (2) full days or four (4) half days or a combination of full and half
days to a maximum of two (2) days during a settlement period with the approval
of their manager. The flex leave to cover the flex absence/s is the actual time
absent from work.
Example: An employee who works twenty-eight (28) hours
per week - i.e. seven (7) hours per day, four (4) days a week, the flex leave
entitlement to cover one (1) days flex leave is seven (7) hours.
20. Transfers
An employee of the Department who transfers to another
Department may transfer only ten (10) accumulated credit hours, if an employee
has in excess of ten (10) hours an effort should be made to take the
appropriate flex leave prior to transferring in order to reduce excess credit.
21. Breaches of
Flexible Working Hours Arrangements
The Executive Directors, or Directors may only direct an
employee to work standard hours where it is proven the employee has breached a
provision of this Agreement, the remaining operative sub-clauses of clause 11,
Hours of Duty of the Award or an established administrative arrangement of the
Department in connection with the operation of flexible working hours which was
in operation at the time this Agreement was made.
22. Termination
of Employment
(i) The
Department shall ensure as far as practicable, that an employee is given the
opportunity to eliminate accumulated credit hours, to the limits prescribed in
Clause 18, by way of flex leave prior to the completion of their last day of
employment with the Department through resignation or retirement.
(ii) The
Department shall debit an employee’s accumulated recreation leave or extended
leave (minimum of a quarter day), or monies owing, against debit hours
accumulated by an employee at the completion of the last day of employment with
the Department.
23. Grievance
Management of the Flexible Working Agreement
Employees who are in conflict or have a grievance with the
coverage of this Agreement should use the procedures identified in the
Department’s Grievance Management Policy.
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.