MURRAY IRRIGATION LIMITED
CONSENT AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1761 of 2004)
Before Mr Deputy President
Grayson
|
8 July 2004
|
REVIEWED AWARD
Arrangement
Clause No. Subject Matter
PART A - FORMALITIES
OF AWARD
1. Title
2. Scope,
Application and Parties Bound
3. Objectives
4. Date and
Period of Operation
5. Relationship
to Previous Awards
6. New
Positions
7. Award to
be Displayed
8. Joint
Consultative Committee
9. Definitions
PART B -
CLASSIFICATION AND CAREER PROGRESSION
10. Skills and
Classification
11. Labour
Flexibility
PART C - REMUNERATION
12. Pay
Increases
13. Allowances
14. Performance
Rewards
PART D - HOURS OF
WORK
15. Ordinary
Hours
16. Call Out
17. Casual
Employees
18. Part-time
Employees
19. Overtime
20. Meal and
Rest Breaks
PART E - LEAVE
21. Annual
Leave
22. Rostered
Days Off
23. Annual
Leave Loading
24. Sick Leave
25. Personal/Carer's
Leave
26. Long
Service Leave
27. Bereavement
Leave
28. Parental
Leave
29. Jury and
Other Service
30. Discretionary
Leave
31. Public
Holidays
PART F - OTHER
CONDITIONS
32. Payment of
Wages
32A. Deduction of
Union Membership Fees
33. Probation
34. Superannuation
35. Protective
Clothing
36. Training
37. Termination
of Employment
38. Disciplinary
Procedure
39. Abandonment
of Employment
40. Redundancy
41. Confidentiality
42. Travelling
Between Sites
43. Grievance
Procedure
44. Anti-Discrimination
45. Health and
Safety
46. Employment
Records
PART G - DECLARATION
AND FUTURE COMMITMENTS
47. Declaration
48. Future
Negotiations
49. Joint
Review of Conditions
50. Schedule A
- Arrangements for Channel Attendants
PART H - MONETARY
RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
PART A
FORMALITIES OF
AWARD
1. Title
This award shall be known as the Murray Irrigation Limited
Consent Award 2004.
2. Scope, Application
and Parties Bound
2.1 This award
provides for the employment arrangements for employees of Murray Irrigation
Limited ("MIL").
2.2 This award
binds MIL and each person employed from time to time by MIL in a capacity
covered by this award as per classifications as set out in Part H - Monetary
Rates, The AWU-FIME Amalgamated Union, New South Wales; the Transport Workers'
Union of Australia, New South Wales Branch; the Construction, Forestry, Mining
and Energy Union of Australia, New South Wales Branch; and the Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales.
3. Objectives
The parties agree that the objectives of the award are:
3.1 To set the
employment relationship between MIL and its employees.
3.2 The parties to
this award are committed to the provision of cost-effective services to the
irrigators of Murray Irrigation. As
such, the parties recognise the need for a viable, efficient organisation with
a sustainable capacity to provide cost-efficient irrigation and related
services to the rural community on which it will depend for its revenue and the
need to provide stable, secure, long-term employment.
3.3 This award
facilitates as much flexibility in the day to day work of the organisation to
meet the fundamental objectives outlined and to maximise operational
efficiency, as well as to take account of the seasonality of work in the
business of MIL.
4. Date and Period of
Operation
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and replaces the Murray Irrigation
Limited Consent Award 1996 published 12 April 2002 (332 I.G. 849), and all
variations thereof.
The award published 12 April 2002 took effect from the
beginning of the first pay period to commence on or after 14 June 2001.
The changes made to the award pursuant to the Award Review
pursuant to section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take
effect on and from 22 June 2004.
The award remains in force until varied or rescinded, the
period for which it was made having already expired.
5. Relationship to
Previous Awards
The award published 12 April 2002 rescinded and replaced the
Crown Employees (Mechanical Inspectors - Water Resources Commission) (Salaries)
Award published 8 October 1986 (243 I.G. 107), as varied, the Crown Employees
(Overtime) Award published 12 February 1986 (240 I.G. 661), as varied, the
Crown Employees (Public Service General Division Staff Salaries) Award
published 18 February 1981 (220 I.G. 1006), as varied, and the Crown Employees
(Department of Water Resources, General Miscellaneous Salaries) Award published
12 January 1990 (254 I.G. 121), as varied, relating to employment in the
industries and/or the industrial pursuits governed by this award, but no right,
obligation or liability incurred under previous awards shall be affected by
such rescissions.
6. New Positions
New positions created by the changing requirements of the
organisation will be appropriately classified in accordance with this award,
reflecting the skills and responsibilities associated with the position.
7. Award to be
Displayed
This award will be displayed and individual copies made
available on request to all employees covered by this award.
8. Joint Consultative
Committee
8.1 The existing
Consultative Committee will continue to be an integral part of the organisation
of work of MIL. For this reason, it is
imperative that members of the Committee act positively to resolve matters of
mutual interest and that they carry out their duties in a responsible and
timely manner.
8.2 Upon agreement
and registration, the Committee will meet to determine regularity of future
meetings and representation.
8.3 The Committee
shall have not less than six employee representatives or less than three
management representatives.
8.4 It is intended
that the Consultative Committee will not take over the role of the existing or
future workplace safety committees.
9. Definitions
"MIL" - means the employer, Murray Irrigation
Limited, or the employer's nominee, representative, and can mean a manager, a
works supervisor or other person nominated by the General Manager to represent
the employer.
"General Manager" - the General Manager of MIL or
the authorised person acting in the position.
"Traumatic Illness or Injury" - injury/illness
disabling the employee from work.
"Accredited Official of the Union" - an official
of a Union which is party to this award who has members working for MIL.
"MIL's Premises" - means the property or
properties owned, leased or controlled by MIL.
"Extreme Seasonal Variation" - seasonal conditions
having significant effect on the income and/or operations of the business
through extremes of rainfall, drought, flooding or other factors clearly beyond
the control of MIL.
"Fraudulent Claims" - dishonest or deceptive
claims relating to any claim(s) made for leave, etc., where the eligibility for
the claim(s) has not been met.
"Consultative Committee" - a committee formed
representing management and employees to assist in the resolution of disputes,
the implementation of workplace arrangements and to enhance productivity and
the workplace environment.
"Salary" - means the ordinary-time rate of pay for
the employee concerned.
"Engagement" - for the purposes of clause 17,
Casual Employees, shall be deemed to be the period(s) for which MIL notifies the
employee that he or she is so required to attend on any one day. Provided that, subject to Part C -
Remuneration, each period of engagement shall stand alone.
"Traineeship" - is a system comprising structured
on-the-job training and may include off-the-job training in a recognised and
relevant training institution.
"Act" - means the Industrial Relations Act
1996.
"Commission" - means the Industrial Relations
Commission of New South Wales.
"DIPNR" - means the Department of Infrastructure,
Planning and Natural Resources and its predecessors.
PART B
CLASSIFICATION AND
CAREER PROGRESSION
10. Skills and
Classifications
10.1 Performance of
Duties - Subject to this award, employees are expected to perform and will be
paid for those duties for which they are employed and which are within their
competence to perform safely. All
employees must be fit and able to carry out the work they perform. Employees required to work in or near the
water distribution system must have documentary evidence to prove their ability
to swim. Where the work requires it,
employees must hold a current driver's licence.
10.2 Skills and
Classifications - Classifications at the commencement of this award shall
relate to the responsibilities, skills and range of tasks performed by the
employee as outlined in the appropriate Table in Part H - Monetary Rates.
10.3 Review of
Skills, Responsibilities and Performance - The parties agree that reviews of
the skills, responsibilities, performance and classifications may be conducted
by the parties from time to time. Should an employee not agree with the outcome
of such a review or the employee considers that there are grounds for a review,
appeals based on skills, responsibility and flexibility shall, in the first
instance, be by representation to the General Manager at any time.
10.4 Acting Up in
Another Position - Where an employee is instructed to act in a more senior
position for more than three days, an allowance equal to the salary difference
shall be paid for the period the employee so acts. This allowance will be paid only with both prior approval for the
task to be undertaken and paid.
10.5 Careers and
Multi-skilling -
10.5.1 In accordance
with the provisions of this award, employees shall be required to perform a
variety of tasks associated with the responsibilities, customer services and
the efficient delivery of services of MIL.
A job description for each position outlining skills and
responsibilities will be made available to staff.
10.5.2 The skills structure
determines career path options for employees and staff training shall be
directed at ensuring reasonable opportunity and access to better paid and more
fulfilling jobs for employees.
10.5.3 Employees'
duties shall focus on the efficient delivery of services to customers and
employees shall not be restricted from involvement (at the level of their
ability) in tasks other than their usual duties as determined by MIL, provided
they have appropriate skills and qualifications.
10.6 Commitment to
Review and Develop Career Paths -
10.6.1 Consistent with
the commitment to develop new classification scales, the parties commit to
co-operate in the development of new and improved career paths which complement
the skills, tasks and responsibilities associated with the provision of the
best possible customer service and efficient delivery of services.
10.6.2 The career paths
will reflect the need for flexibility, progressive development of skills,
multi-skilling and the performance of incidental and peripheral work.
10.7 Workplace
Modernisation -
10.7.1 The parties are
committed to a continuous process of modernising the workplace to ensure a high
level of customer satisfaction, more flexible working arrangements, enhanced
skills and job satisfaction.
10.7.2 The parties
commit themselves to the following principles:
10.7.2.1 Acceptance
that the work of individuals will be more broadly based and generic in nature,
incorporating the ability for an employee to perform a wider range of duties
which are incidental or peripheral to their main task or function.
10.7.2.2 Subject
to agreement by management, employees will undertake training for the wider
range and higher level duties. This
will lead to access to higher pay when performing those more skilled jobs.
10.7.2.3 The
parties will not create barriers to advancement of employees within the skills
structure or through access to training.
10.8 Introduction of
Change (Technological or Other) -
10.8.1 It is MIL's duty
to notify:
10.8.1.1 Where
MIL is reasonably sure that it will be necessary to introduce major changes in
production, program, organisation, structure or technology that are likely to
have significant effects on employees, MIL shall notify the employees and their
union representatives who may be affected by the proposed changes.
10.8.1.2 "Significant
Effects" include termination of employment, major changes in the
composition, operation or size of MIL's workforce or in the skills required; the
elimination or diminution of job opportunities or job tenure; the alteration of
hours of work; the need for training or transfer of employees to other work or
locations and the restructuring of jobs, provided that where this award makes
provisions for alteration of any of the matters referred to herein, they shall
be deemed not to have significant effect.
10.8.2 Discussion of
Change:
10.8.2.1 MIL
shall discuss with the employees affected and their representative the
introduction of the changes referred to in subparagraph 10.8.1.1 of paragraph
10.8.1 of this subclause, the effects the changes are likely to have on
employees, measures to avert or mitigate the adverse effects of such changes on
employees and shall give prompt consideration to matters raised by the
employees.
10.8.2.2 The
discussions shall commence as early as practicable after a definite decision
has been made by MIL to make the changes referred to in subparagraph 10.8.1.1
of paragraph 10.8.1 of this subclause.
10.8.2.3 For
the purpose of such discussion, MIL shall provide in writing to all the
employees concerned all relevant information about the changes, including the
nature of the changes proposed, the expected effects of the changes on
employees and any other matters likely to affect employees, provided that MIL
shall not be required to disclose confidential information, the disclosure of
which would be detrimental to MIL's interest.
10.9 Channel
Attendants - Other particular water distribution staff arrangements, such as
rostered work, are contained in Schedule A.
11. Labour
Flexibility
11.1 As an ongoing
process for improvement in productivity and efficiency, consultation shall
continue to take place at the workplace level to provide more flexible working
arrangements, improvements in the quality of working life, enhancement of
skills, training and job satisfaction, and positive assistance in the
restructuring process and to encourage consultative mechanisms across the
workplace for all employees.
11.2 The terms of
any proposed arrangement reached between MIL and employee(s) shall, after due
processing, substitute for the provisions of this award to the extent that they
are contrary, provided that:
11.2.1 a majority of
employees affected and their representatives agree;
11.2.2 such arrangement
is consistent with the current wage fixing principles;
11.2.3 the terms of the
arrangement are committed in writing, signed by MIL and the employee(s)
affected, or their duly authorised representative, and such document shall be
treated as a part of this award and equally enforceable.
11.3 Such workplace
arrangements shall be processed as follows:
11.3.1 All employees
and their representatives will be provided with the current prescriptions that
apply and the proposed alterations.
11.3.2 Where an
arrangement is agreed between MIL and the employees and their authorised
representative, such arrangement shall be committed to writing.
11.3.3 Where the
arrangement is agreed between MIL and a majority of permanent employees and
their representatives under this award, such arrangements shall be committed to
writing.
11.3.4 Any employee may
raise an issue for discussion and this should be processed through the
consultative committee.
11.4 The arrangement
shall be signed by MIL, or MIL's duly authorised representative, and the
employees or their authorised representative with whom agreement was reached.
11.5 Such
arrangement, when approved, shall be issued on the request of each employee
affected.
PART C
REMUNERATION
12. Pay Increases
12.1 Pay increases
will apply as a consequence of this award.
12.2 Weekly Pay
Rates -
12.2.1 The weekly pay
rates for the relevant classifications are set out in Part H - Monetary Rates,
and calculated using the following principles:
12.1.2.1 Payment
for two extra hours worked at time and a half each week.
12.1.2.2 Consideration
of adjustments payable under the State Wage Case 2001, the State Wage Case
2002, the State Wage Case 2003 and the State Wage Case 2004. These adjustments may be offset against any
equivalent overaward payments, and/or award wage increases since 29 May 1991
other than safety net, State Wage Case, and minimum rates adjustments.
12.3 Entry Level
Employees - The entry rate for future entry employees not otherwise classified and
not possessing the skills and experience for another classification will be
based on the entry level, i.e., General Construction Grade 1.
12.4 Salary
sacrifice - Opportunities for employee-initiated salary sacrifice for
superannuation and other benefits are available within the scope of this award.
13. Allowances
13.1 Expenses
Incurred by Employees in the Conduct of their Duties -
13.1.1 All reasonable
expenses incurred by staff in the carrying out of the work of MIL, other than
those normally incurred by an employee, shall be reimbursed within seven
working days of submission of invoice.
Allowance in advance for significant costs will be available but must be
approved by the General Manager.
13.1.2 Such reasonable
expenses may include necessary materials, tools, accommodation and reasonable
meals that can be demonstrated as essential for the work.
13.1.3 Where employees
are required to be accommodated overnight in the course of their work away from
their normal location, the general standard of accommodation should be three
star, provided that the level of accommodation is available and further
provided that prior approval is granted for that travel and accommodation.
13.2 Allowances in
Addition to the Salary Rate -
13.2.1 A skill-based
allowance specifically for the use of sprays and chemicals will be paid per day
(or part thereof) as set out in Item 1 of Table 2 - Other Rates and Allowances,
of Part H - Monetary Rates, while the employee is employed in a spray crew.
13.2.2 A first-aid
allowance per day as set out in Item 2 of the said Table 2 shall apply to one
member of each work crew.
14. Performance
Rewards
Where applicable and individual or workplace group
performance warrants, the General Manager may approve rewards outside salary
for individual or workplace group performance.
Such rewards will require justification in line with audit procedures.
PART D
HOURS OF WORK
15. Ordinary Hours
15.1 General -
15.1.1 In recognition of
the particular circumstances which apply to the cost-effective delivery of
water to irrigators, maximum flexibility of working days and times is
essential. Consequently, work patterns,
whether on a daily, weekly or seasonal basis shall, as far as practicable, be
tailored to the needs of customers.
Generally only employees involved in the provision of continuous service
(namely staff in water distribution) will be expected to work outside weekdays;
however, some circumstances may involve other staff in weekend work.
15.1.2 When employees,
who are not rostered as part of normal working arrangements, are required to
work Saturdays, Sundays or public holidays the hours worked will be paid as
overtime.
15.2 Basis for
Ordinary Hours -
15.2.1 The basic unit
of determining time worked shall be based on an average 38-hour week, including
authorised paid absences.
15.2.2 All staff, other
than part-time employees and casuals, will work a minimum of two hours of
overtime per week.
15.2.3 In some
instances, tasks rather than hours will be an important job feature. In the case of all scheduled maintenance,
construction, distribution and administration work, an employee will receive
five working days notice of proposed alterations to normal hours.
15.3 Start and Finish
Times - Actual starting and finishing times of individuals shall be determined
by reference to their particular work area and work loads, both geographically
and on a divisional basis. Normally, ordinary hours are to be worked between
6.00a.m. and 6.00p.m. A minimum
ten-hour break between the completion of one day's work and the commencement of
another shall be taken or overtime is to be paid until the break is achieved.
15.4 Working
Patterns and Disputes - In the implementation of working hours, the significant
determinant is the cost effective and safe delivery of services; however, all
reasonable effort should be made to accommodate individual employee's
needs. Wherever possible, hours should
be constructed to allow maximum access to meaningful leisure time periods. Any dispute in relation to work patterns
shall be resolved using the disputes settling procedure in this award.
16. Call Out
16.1 An employee
recalled to work after leaving MIL's premises (whether notified before or after
leaving the premises) shall be paid for a minimum of three hours work for each
time the employee is so recalled.
Provided that, except in the case of unforeseen circumstances arising,
the employee shall not be required to work the full three hours if the job the employee
was recalled to perform is completed within a shorter period.
16.2 The minimum of
three hours shall not apply and payment will be for the time actually worked,
where:
16.2.1 the employee
resides on, or adjacent to, the premises; and/or
16.2.2 the employee
returns to the place of work on a customary basis for a specific task or tasks.
17. Casual Employees
17.1 Casuals will
generally be employed where insufficient numbers of appropriately skilled
personnel cannot be secured on a regular and ongoing basis by MIL. Employment of casuals will be approved by
the General Manager.
17.2 Casuals shall
be paid per hour an additional 20% loading according to the skill level they
perform. For any overtime work this
loading shall increase to 50%, except for Sundays and hours in excess of 12
hours in any one day, when the loading shall be 100%.
17.3 Minimum
engagement for casuals shall be four hours.
18. Part-Time
Employees
Where an employee is engaged on a part-time basis (and not
on a casual basis), benefits outlined in this award will apply on a pro rata
basis.
19. Overtime
19.1 Calculation of
Overtime - Overtime payments will generally be calculated at the rate of 1.5
times ordinary pay.
19.2 Overtime Rates
-
19.2.1 Overtime shall
mean one quarter hour continuous work or more in excess of (an average) 38
hours per week worked at the direction of MIL.
19.2.2 Payment for
overtime worked (other than that described in clause 15.2.2), shall not be made
under this award without both the specific and documented approval for the
overtime to be worked and paid by a works supervisor duly authorised prior to
the work being carried out.
19.2.3 Approved paid
overtime shall be paid at the following rates to weekly employees:
19.2.3.1 For
all overtime worked in excess of the agreed hours per week (averaged) - at the
rate of time and a half, except Sundays and hours over 12 per day, which shall
be at double time.
19.2.3.2 Overtime
rates are not fixed for meal times.
19.2.3.3 An employee
who works overtime which is not continuous (i.e., an unpaid break of more than
one hour) with ordinary working hours shall be paid a minimum payment as for
three hours' work at the rate of time and a half.
19.2.3.4 Time
off in lieu of overtime is available at the hours worked by request of the
employee and taken at a mutually agreed time.
19.2.4 After completion
of the first continuous quarter hour, overtime shall not be paid for periods of
less than one-half of an hour. Provided
further that MIL and an employee may vary the terms of this clause that any
variation is committed to writing and signed by both parties and the union
representing the staff, provided any union objection is specified.
19.2.5 Payment for
overtime worked shall be calculated in fortnightly periods.
19.2.6 Overtime hours
for Channel Attendants shall be determined in accordance with their special
conditions (Schedule A) generally applying to days worked "out of
roster" or over the nominated working days per year (currently 217 per
year).
19.3 Subject to
Clause 19.4, MIL may require an employee to work reasonable overtime at
overtime rates.
19.4 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.
19.5 For the
purposes of clause 19.4 what is unreasonable or otherwise will be determined
having regard to:
19.5.1 any risk to
employee health and safety;
19.5.2 the employee's
personal circumstances including any family and carer responsibilities;
19.5.3 the needs of
MIL;
19.5.4 the notice (if
any) given by MIL of the overtime and by the employee of his or her intention
to refuse it; and
19.5.5 any other
relevant matter.
20. Meal and Rest
Breaks
20.1 Employees shall
be allowed a meal break each work day of not less than 30 minutes and not more
than 60 minutes, which time shall not be paid for. No employee shall be required to work more than five hours
without a break for a meal. Other rest
breaks should be taken at times both convenient to colleagues and to customers
and are not fixed. MIL expects common
sense to prevail and reserves the right to implement set times if evidence of
abuse exists.
20.2 MIL and an
employee(s) may agree to any variation of this clause to meet the circumstances
of the work at hand. For example,
employees may take a 20-minute paid break once during a full normal working
day, or split that into two ten-minute breaks.
20.3 This clause
shall not apply to any employee whose scheduled work in any 24-hour period is
four hours or less.
PART E
LEAVE
21. Annual Leave
21.1 Annual leave
shall be due to employees on the basis of 20 working days per year (accruing at
the rate of 2.923 hours per week).
21.2 Annual leave
shall not be allowed to accrue beyond 40 working days and any leave in excess
of that amount shall be taken at the instruction of the management. However, in exceptional circumstances,
accrued days greater than 40 days may be approved by the General Manager.
21.3 The taking of
annual leave shall be subject to the following:
21.3.1 All such leave,
whether ordinary or accumulated, shall be taken only at such times as MIL, for
operational purposes, shall deem convenient, and in the absence of agreement on
the taking of leave, it shall be taken at a time determined by MIL, provided
MIL shall, however, endeavour to comply with the needs of the employees.
21.3.2 Annual leave
shall accrue from month to month and leave so accrued or any portion thereof
may be granted to an employee by MIL at such time as the latter deems
convenient.
21.3.3 Annual leave
shall accrue to employees in respect of any authorised period of paid absence
from duty. Payment for the period of
leave shall be at the rate specified in this award and shall not include any
special payments. In particular, it
shall be based on the ordinary hours worked by the employee concerned, i.e., 38
hours in the case of a full-time weekly employee.
21.4 The rate of pay
used to determine annual leave payments shall be that rate of pay which applies
when the leave is taken.
21.5 Annual leave
for Channel Attendants will accrue as for other staff; however, additional
leave associated with their roster arrangements is included as time off in
their roster schedule.
22. Rostered Days Off
Before 1 December each year, 13 rostered days off will be
nominated for the following calendar year.
Employees working rostered days off may accrue up to three days by
agreement.
23. Annual Leave
Loading
Leave loading shall not apply, but a sum equal to 1.3% of
base annual salary shall be paid in the pre-Christmas pay period each year.
24. Sick Leave
24.1 Sick leave is
for the sole purpose of providing income for employees unable to attend work
through injury or illness. Unused sick
leave will be accrued. Unused DIPNR
accruals will remain.
24.2 An employee
(other than a casual employee) after one year's service with MIL, who is absent
from work on account of personal illness or on account of injury arising in the
course of their employment, shall be entitled to leave with normal payment,
subject to the following conditions:
24.2.1 An employee
shall not be entitled to be paid for any absence for any period for which the
employee is entitled to workers' compensation.
24.2.2 The employee
shall take all reasonable steps prior to the commencement of such absence to
inform MIL, or its representative, of the employee's inability to attend for
duty and shall state the nature of the injury or personal illness and the
estimated duration of the absence.
24.2.3 MIL may request
that a claim for sick leave shall be supported by evidence satisfactory to MIL
that the employee was unable on account of injury or personal illness to attend
for duty on the day or days for which leave is claimed. The term "evidence satisfactory to
MIL" means a medical certificate.
24.2.4 Fraudulent
claims for sick leave payment shall be grounds for dismissal.
24.2.5 Sick leave will
not be paid when an employee is on designated holiday or long service
leave. However, where an employee is
sick during annual or long service leave for a period in excess of five days
and that period is supported by a doctor's certificate, the period of leave
will be re-credited.
24.3 Where an
employee is absent on sick leave for an extended period and/or management have
a good and sufficient reason to believe that the employee will be unable to
return to work or is unable to undertake the duties of the position, MIL at its
cost may direct the employee to undertake a medical examination by a duly
qualified medical practitioner to determine the employee's fitness for work and
whether the employee should be retired on medical grounds.
24.4 Up to the end
of the first year of employment, an employee will be entitled to five days sick
leave, provided medical/illness proof is required. After one year's service the sick leave entitlement shall
increase to ten days per year.
25. Personal/Carer's
Leave
25.1 Use of Sick
Leave
25.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in subclause 25.1.3(ii), who needs the employee's care and support,
shall be entitled to use, in accordance with this subclause, any current or
accrued sick leave entitlement, provided for in clause 24, Sick Leave, for
absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single
day.
25.1.2 The employee
shall, 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.
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.
25.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
25.1.4 An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
25.2 Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subclause 25.1.3(ii) who is ill.
25.3 Annual Leave
25.3.1 An employee may
elect with the consent of the employer, subject to the Annual Holidays Act
1944, to take annual leave not exceeding five days in single day periods or
part thereof, in any calendar year at a time or times agreed by the parties.
25.4 Time Off in
Lieu of Payment for Overtime
25.4.1 For the purpose
only of providing care and support for a person in accordance with subclause
25.1 of this clause, and despite the provisions of subclause 19.2.3.4, the
following provisions shall apply.
25.4.2 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
25.4.3 Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
25.4.4 If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
25.4.5 Where no
election is made in accordance with the said paragraph 25.4.1, the employee
shall be paid overtime rates in accordance with the award.
25.5 Make-up Time
25.5.1 An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
25.6 Rostered Days
Off
25.6.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
25.6.2 An employee may elect,
with the consent of the employer, to take rostered days off in part day
amounts.
25.6.3 An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
25.6.4 This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
26. Long Service
Leave
The terms of the Long Service Leave Act 1955 shall
apply. Previous continuous years of
DIPNR service will be included in eligibility criteria although future accruals
will be in strict accordance with the said Act.
27. Bereavement Leave
27.1 An employee,
other than a casual employee, shall be entitled to a maximum of three days
bereavement leave without deduction of pay, on the occasion of the death of a
person as prescribed in subclause 27.3 of this clause.
27.2 The employee
must notify MIL as soon as practicable of the intention to take bereavement
leave and will, if requested by MIL, provide to the satisfaction of MIL proof
of death.
27.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in clause
25.1.3(ii), provided that, for the purpose of bereavement leave, the employee
need not have been responsible for the care of the person concerned.
27.4 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.
27.5 Bereavement
leave may be taken in conjunction with other leave available under clauses
25.2, 25.3, 25.4, 25.5 and 25.6. In determining such a request, MIL will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
28. Parental Leave
Parental leave means either maternity, paternity or adoption
leave and has the same meaning as those terms in the Industrial Relations
Act 1996, whose provisions shall apply to employees.
29. Jury and Other
Service
29.1 An employee
required for jury service during his or her ordinary working hours shall be
paid ordinary-time earnings but payments for Court attendance shall be paid
directly to MIL. An employee shall
notify MIL as soon as possible of the date upon which he or she is required to
attend for jury service. Further, the employee shall give MIL proof of his or
her attendance, the duration of such attendance and the amount received in
respect of jury service.
29.2 Other Service -
Employees nominating for other service which may include voluntary service
(S.E.S., Rural Fire Brigade, etc.) will be remunerated for approved absence
from work.
30. Discretionary
Leave
From time to time as applicable, the General Manager may
approve discretionary leave for reasons other than outlined in this award. Such leave may be granted on the basis of
leave without pay or leave with pay.
31. Public Holidays
The public holidays under this award shall be New Year's
Day, Australia Day, Anzac Day, Good Friday, Easter Monday, Labour Day, Queen's
Birthday, Christmas Day and Boxing Day, on the dates as gazetted from time to
time by the NSW. Government. One additional
day (e.g., union picnic day, local show day, local race day) shall be allowed
without loss of pay. Employees who work
on a public holiday shall be entitled to equivalent time off without loss of
pay in addition to paid overtime for the hours worked. (Channel Attendant's arrangements are outlined
in Schedule A). MIL and employee(s) may
agree to alter the actual days on which these public holidays are observed,
including taking the days in conjunction with annual leave.
PART F
OTHER CONDITIONS
32. Payment of Wages
32.1 Except on termination
of employment, salaries shall be paid fortnightly.
32.2 Pay day, once
determined, cannot be changed without a minimum of one month's notice unless
exceptional circumstances beyond MIL's control arise.
32.3 Salaries shall
be paid by one of the following means:
32.3.1 Generally by
electronic funds transfer to the employee's nominated financial institution.
32.3.2 Payment by
cheque only where banking facilities are inadequate.
32.4 MIL shall
provide each employee every pay period, and on the employee's last day of
employment, with a statement of the employee's earnings for that period or part
thereof, as the case may be. Provided
that where an employee is dismissed without notice, or an employee fails to
give notice, abandons employment or otherwise ceases to be employed through no
action of MIL, MIL shall not be obliged to pay any outstanding monies until the
next scheduled pay day.
32a. Deduction of
Union Membership Fees
32A.1 MIL shall deduct
Union membership fees (not including fines or levies) from the pay of any
employee, provided that:
32A.1.1 the
employee has authorised MIL to make such deductions in accordance with
subclause 32A.1.2 herein;
32A.1.2 the
Union shall advise MIL of the amount to be deducted for each pay period applying
at MIL and any changes to that amount;
32A.1.3 deduction
of union membership fees shall only occur in each pay period in which payment
has or is to be made to an employee; and
32A.1.4 there
shall be no requirement to make deductions for casual employees with less than
two months' service (continuous or otherwise).
32A.2 The employee's
authorisation shall be in writing and shall authorise the deduction of an
amount of Union fees (including any variation in that fee effected in
accordance with the Union rules) that the Union advises MIL to deduct. Where the employee passes any such written
authorisation to the Union, the Union shall not pass the written authorisation
on to MIL without first obtaining the employee's consent to do so. Such consent may form part of the written
authorisation.
32A.1.3 Monies
so deducted from employees' pay shall be remitted to the Union on either a
weekly, fortnightly, monthly or quarterly basis at MIL’s election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees' membership accounts, provided that:
32A.1.3.1 where
MIL has elected to remit on a weekly or fortnightly basis, MIL shall be
entitled to retain up to five per cent of the monies deducted; and
32A.1.3.2 where
MIL has elected to remit on a monthly or quarterly basis, MIL shall be entitled
to retain up to 2.5 per cent of the monies deducted.
32A.1.4 Where
an employee has already authorised the deduction of Union membership fees in
writing from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to make a fresh authorisation in
order for such deductions to commence or continue.
32A.1.5 The
Union shall advise MIL of any change to the amount of membership fees made
under its rules, provided that this does not occur more than once in any
calendar year. Such advice shall be in
the form of a schedule of fees to be deducted specifying either weekly,
fortnightly, monthly, or quarterly as the case may be. The Union shall give MIL a minimum of two
months' notice of any such change.
32A.1.6 An
employee may at any time revoke in writing an authorisation to MIL to make
payroll deductions of Union membership fees.
32A.1.7 Where
an employee who is a member of the Union and who has authorised MIL to make
payroll deductions of Union membership fees resigns his or her membership of
the Union in accordance with the rules of the Union, the Union shall inform the
employee in writing of the need to revoke the authorisation to MIL in order for
payroll deductions of union membership fees to cease.
32A.1.8 This
clause shall take effect from the beginning of the first pay period to commence
on or after 24 November 2003.
33. Probation
New employees shall commence employment on a six month
probationary period which shall be reviewed after one month, three months and
six months.
34. Superannuation
34.1 MIL will
provide superannuation in accordance with federal Superannuation Guarantee
legislation as varied from time to time.
34.2 Employees will
choose an approved fund as outlined by the Superannuation sub-committee of MIL.
34.3 Such choice may
be altered by staff but not more often than annually.
34.4 Employees may contribute
to superannuation in lieu of salary (within the guidelines of federal
superannuation legislation).
35. Protective
Clothing
35.1 Appropriate
safety wear will be provided (including boots, protective overalls, glasses,
helmets).
35.2 UV protection
will be provided for employees while engaged in outdoor work.
35.3 In addition,
one pair of trousers and two shirts will be provided annually to each employee.
35.4 One jumper and
one jacket will be provided to each employee as required and replaced on a fair
wear and tear basis, but not more often than annually.
35.5 For
administration staff for whom the clothing referred to may be inappropriate,
other clothing or equivalent payment for other clothing will be made.
36. Training
36.1 Apprentices -
An apprentice's wage shall be calculated to the undermentioned percentage of
the relevant trade rate as provided for in this award:
Three-year
apprenticeship
|
|
Four-year
apprenticeship
|
|
%
|
|
%
|
|
In the first year
|
60
|
In the first year
|
60
|
In the second year
|
75
|
In the second year
|
75
|
In the third year
|
90
|
In the third year
|
80
|
|
|
In the fourth year
|
90
|
36.2 Traineeships -
36.2.1 Notwithstanding anything
elsewhere contained in this award, MIL may employ trainees subject to the
conditions as contained in this clause.
36.2.2 Application and
Objectives -
36.2.2.1 Before
this clause shall have effect on the employment of a trainee, MIL and a trainee
must have entered into a training agreement.
36.2.2.2 Existing
full-time employees shall not be displaced from employment by trainees.
36.2.3 Training
Conditions - Trainees engaged under this clause shall attend the off-the-job training
prescribed in the training agreement.
MIL shall ensure that the trainee is permitted to attend the off-the-job
training course and provide appropriate supervision during on-the-job training.
36.2.4 Employment
Conditions -
36.2.4.1 The
trainee shall be engaged for a period of 12 months as a full-time employee,
provided that the trainee may be subject to a satisfactory probation period as
outlined in clause 33, Probation.
36.2.4.2 The
trainee is permitted to be absent from work without loss of continuity of
employment to attend the off-the-job training in accordance with the training
agreement.
36.2.4.3 Where
the employment of a trainee by MIL is continued after the completion of the
traineeship period, such traineeship period shall be counted as service for the
purpose of this award and long service leave entitlements. Trainees shall be regarded as full-time
employees.
36.2.5 Salary
- For the purpose of achieving stability of income for a trainee over the
traineeship period, the wage rate for a trainee shall be calculated on the
following basis: rate for entry multiplied by percentage of time spent on the
job.
37. Termination of
Employment
37.1 Notice of
termination by MIL -
37.1.1 In
order to terminate the employment of an employee, MIL shall give to the
employee two weeks notice.
37.1.2 Payment
in lieu of the notice prescribed herein shall be made if the appropriate notice
period is not given by MIL.
37.2 Payment in lieu
of notice shall be at the ordinary-time rate -
37.2.1 The
period of notice in this clause shall not apply in the case of dismissal for
conduct that justifies instant dismissal or in the case of casual employees,
apprentices or employees engaged for a specific period of time or for a
specific task or tasks. Casuals may have
their employment terminated with one hour's notice, subject to any minimum term
of engagement.
37.2.2 For
the purpose of this clause, continuity of service shall be calculated in the manner
in which continuous service is calculated for the purposes of long service
leave. Continuous DIPNR service will be
included in any calculation.
37.2.3 The
notice of termination required to be given by an employee shall be the same as
that required of MIL.
37.2.4 If
an employee fails to give notice, MIL shall have the right to withhold moneys
due to the employee, with a maximum amount equal to the ordinary-time rate of
pay for the period of notice. In
addition, MIL shall have the right to withhold from money due an employee, the
value of any MIL property which the employee has failed to return, cash
advances made, etc.
37.2.5 Where
MIL has given notice of termination to an employee, an employee shall be
allowed up to one day's time off without loss of pay for the purpose of seeking
other employment. Time off shall be at
times convenient to both the employee and MIL.
37.2.6 MIL
shall, for an employee whose employment has been terminated, provide to the
employee a written statement specifying the period of his or her employment and
the classification or type of work performed by the employee.
37.2.7 Notwithstanding
the provisions of this award, MIL shall have the right to dismiss any employee
without notice for conduct that justifies instant dismissal, such as
misconduct, and in such cases the wages and accrued entitlements (leave, etc.),
subject to paragraph 37.2.4 of this subclause, shall be paid up to the time of
dismissal only.
37.2.8 Termination
of employment by MIL shall not be harsh, unjust or unreasonable.
37.2.9 Subject
to the provisions of the Industrial Relations Act 1996, any dispute or
claim arising should be dealt with by way of the disputes settling procedure
contained in clause 43, Grievance Procedure.
37.2.10 in
the event the termination is a result of redundancy, clause 40, Redundancy,
shall apply.
37.3 Exemptions -
Severance payments are not payable to an employee with less than one year's
continuous service, an employee whose employment is summarily terminated as a
consequence of misconduct, casual employees, employees engaged for a specific
period of time and employees retiring.
38. Disciplinary
Procedure
38.1 If a supervisor
or manager becomes aware of unsatisfactory performance or inappropriate
behaviour, the supervisor or manager must immediately make the employee aware
that the performance or behaviour is unsatisfactory and advise the employee of
what is considered satisfactory. In the
first instance, this would be done verbally.
38.2 Should the
unsatisfactory performance or inappropriate behaviour continues, the matter
must be again brought to the attention of the employee. The employee is entitled to obtain the
assistance of a representative or union delegate at any point during the
disciplinary process. This time the
specific requirements should be documented, making sure that the employee is
provided with a copy. Such
documentation must include reference to the unsatisfactory performance or
behaviour. It should also set out an
agreed plan of action to be taken to restore the performance or behaviour to a
satisfactory level. The employee must
be advised of the possible consequences of a failure to improve performance.
38.3 All
unsatisfactory performance counselling shall be brought to the attention of the
General Manager.
38.4 If
unsatisfactory performance or behaviour is ongoing, the employee should be
further counselled and advised in writing that, should the performance or
behaviour remain unsatisfactory, then dismissal or termination of employment
may result. This is a final warning and
it would be appropriate to review the performance improvement plan.
38.5 Should the
unsatisfactory performance or inappropriate behaviour continues, then the
employee may be subject to dismissal.
38.6 Nothing in this
clause shall affect the right of MIL to dismiss an employee for gross
misconduct.
39. Abandonment of
Employment
Where an employee abandons employment, payment of wages
shall only be for hours worked and entitlements to the actual hour of
abandonment. Periods of payment in lieu
will not apply and the provisions of subclause 37.2.4 shall apply.
40. Redundancy
40.1 Discussions
Before Termination of Employment -
40.1.1 Where MIL
considers that it no longer requires the position the employee has been doing,
and this is not due to the ordinary and customary turnover of the business and
that decision may lead to termination of employment, MIL shall hold discussions
with the employees directly affected.
40.1.2 The discussions
shall take place as soon as is practicable after MIL has become reasonably
aware of the possible change and will advise employees of the reasons for the
possible terminations of employment, measures to avoid or minimise terminations
and measures to mitigate any adverse effects of any terminations on the
employees concerned.
40.1.3 For the purpose
of the discussion MIL shall, as soon as practicable, provide in writing to the
employees concerned and the Consultative Committee, all relevant information
about the possible terminations of employment, including the reasons for the
possible terminations, the number and type of employees likely to be affected,
the number of employees normally employed and the period over which the
terminations are likely to be carried out.
Provided that MIL shall not be required to disclose confidential
information, the disclosure of which would be contrary to MIL's commercial
interests.
40.2 Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in subclause 40.1 of this clause, the employee shall be
entitled to the same period of notice of transfer as he or she would have been
entitled to if his or her employment had been terminated, and MIL may, at its
option, make payment in lieu thereof of an amount equal to the difference
between the former ordinary-time rate of pay and the new lower ordinary-time
rates for the number of weeks of notice still owing.
40.3 Severance Pay -
In addition to any period of notice prescribed for ordinary termination in this
award, and subject to further order of the Commission, an employee whose
employment is terminated for reasons set out herein shall be entitled to the
following amount of severance pay in respect of a continuous period of service:
Period of Continuous Service
|
Severance Pay
|
1 year or more but less than 2 years
|
2.4 weeks pay plus, for all service in excess of 1
|
|
year, 1.75 hours pay per completed week of service,
|
|
up to a maximum 4.8 weeks pay (or a maximum of 5
|
|
weeks for employees over 45 years old).
|
2 years or more but less than 3 years
|
4.8 weeks pay plus, for all service in excess of 2
|
|
years, 1.6 hours pay per completed week of service,
|
|
up to a maximum of 7 weeks pay (or a maximum of
|
|
8.75 weeks for employees over 45 years old).
|
3 years or more
|
7 weeks pay plus, for all service in excess of 3 years,
|
|
0.73 hour's pay per completed week of service, up to
|
|
a maximum of 20 weeks pay.
|
For the purposes of this subclause, "week's pay"
means the ordinary rate of pay at the time the termination of employment occurs
(e.g., 38 hours for a full-time weekly employee).
40.4 Alternative
Employment and Incapacity to Pay -
40.4.1 MIL, in a particular
redundancy case, may make application to the Commission to have the general
severance pay prescription varied if MIL obtains acceptable alternative
employment for an employee.
40.4.2 MIL, in a
particular circumstance, may apply to the Commission to have the severance pay
prescription varied on the basis of MIL's incapacity to pay.
40.5 Time Off During
Notice Period -
40.5.1 During the
period of notice of termination given by MIL, an employee shall be allowed up
to one day's time off without loss of pay during each week of notice for the
purpose of seeking other employment.
40.5.2 If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
MIL, be required to produce proof of attendance at an interview or he or she
shall not receive payment for the time absent.
For this purpose a statutory declaration will be sufficient.
40.6 Notice to Centrelink
- Where a decision has been made to terminate employees in the circumstances
outlined in subclause 40.1 of this clause, MIL shall notify the nearest
Centrelink as soon as possible, giving relevant information, including the
number and type of employees likely to be affected and the period over which
the terminations are likely to occur.
40.7 Transmission of
Business - Where the business is, before or after the date of this award,
transmitted from MIL (in this subclause called "the transmitter") to
another employer (in this subclause called "the transmittee") and an
employee who, at the time of such transmission, was an employee of the
transmitter in that business becomes an employee of the transmittee, then -
40.7.1 the continuity
of the employment of the employee shall be deemed not to have been broken by
reason of such transmission; and
40.7.2 the period of
employment which the employee has had with the transmitter shall be deemed to
be service of the employee with the transmittee.
40.8 Employees with
Less Than One Year's Service - This clause shall not apply to employees with
less than one year's continuous service and the general obligation on MIL
should be no more than to give relevant employees an indication of impending
redundancy at the first reasonable opportunity, and to take such steps as may
be reasonable to facilitate the obtaining by the employees of suitable
alternative employment.
40.9 Employees
Exempted - This clause shall not apply where employment is terminated as a
consequence of conduct that justifies instant dismissal, or in the case of
casual employees, apprentices or employees engaged for a specific task or
tasks. It does not apply to employees
retiring. It does not apply to
employees working for MIL who are not covered by this award.
40.10 Transfer - Where
MIL offers, and the redundant employee accepts, a transfer to another location
within the organisation, the employee shall be entitled to receive reasonable
removal expenses and allowances for both the employee and his or her
dependants.
41. Confidentiality
The work carried out for MIL and the information developed
and collated is the property of MIL and the employee shall respect the
confidentiality of clients and MIL with regard to all information concerning
the business.
42. Travelling
Between Sites
Where an employee agrees to use his/her own vehicle for the
carrying out of work for MIL (other than carriage to the normal place of work),
reasonable cost per kilometre will be reimbursed. Reasonable costs shall be the kilometre rate applied to Board
members attending meetings.
43. Grievance
Procedure
43.1 In the event of
a dispute arising between MIL and employee(s), any matter which remains in
dispute after it has been considered jointly by the appropriate supervisor and
by the employee(s) concerned shall then be examined by the General Manager or
appointed deputy.
43.2 If the dispute
remains unsettled, MIL's representative shall ensure that the matter is
recorded in writing in pertinent detail, while the employee(s) may notify the
Consultative Committee or a representative or the Union of the nature and
details of the matter in dispute.
43.3 If the dispute
thereafter remains unresolved, the question shall be discussed between the General
Manager and the relevant representative, each of whom shall take all reasonable
steps to settle the dispute.
43.4 If the dispute
remains unsettled after the procedure specified in subclause 43.3 of this
clause has been concluded, the matter shall be notified to the Commission.
43.5 While the
procedures herein are being followed all work shall continue normally.
43.6 The ultimate
terms of settlement of the dispute shall not be affected in any way, nor shall
the rights of any person involved in the dispute be affected by or prejudiced
by the fact that normal work has continued without interruption.
43.7 If the dispute
concerns questions of safety, it shall be immediately referred to the General
Manager, the Supervisor and Safety Committee, which shall consider and resolve
the matter forthwith.
44.
Anti-Discrimination
44.1 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 and
responsibilities as a carer.
44.2 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.
44.3 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.
44.4 Nothing in this
clause is to be taken to affect:
44.4.1 any conduct or
act which is specifically exempted from anti-discrimination legislation;
44.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
44.4.3 any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
44.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
44.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
NOTES -
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this 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".
45. Health and Safety
45.1 Damage to
Clothing, Spectacles and Tools -
45.1.1 Compensation to
the extent of the damage sustained shall be made where, in the course of the
work, clothing, spectacles, hearing aid or tools are damaged or destroyed. Provided that MIL's liability in respect of
tools shall be limited to such tools of trade as are ordinarily required for
the performance of the employee's duties.
Compensation under this paragraph shall not be payable if the employee
is entitled to workers' compensation and may not be paid where an employee was
not properly using safely equipment provided by MIL or where the employee
disregarded established safety procedures required by MIL.
45.1.2 MIL may ask for
reasonable evidence of loss or damage.
45.2 Safety
Equipment - Safety equipment as provided by MIL will be utilised as directed
and in accordance with the manufacturer's instructions.
45.3 Safety
Procedures - Safety procedures shall be followed by all employees. Failure to acknowledge and adhere to safety
policies shall be grounds for dismissal.
Neglect of safety procedures that may lead to injury of other persons or
employees shall be grounds for instant dismissal.
45.4 Employee's Duty
- Notwithstanding MIL's responsibility, the employee has a duty:
45.4.1 to protect
his/her own health and safety at work;
45.4.2 to avoid
adversely affecting the health and safety of any other person or property
through any act or omission at work.
45.5 An employee
shall not, by the consumption of alcohol or a drug, be in such a state as to
endanger his/her own safety at work or the safety of any other person at
work. An employee who appears to MIL to
be under the influence of alcohol or drugs shall be advised that he/she is not
to commence or continue work until examined by a medical practitioner or a
registered nurse as soon as practicable to ascertain the employee's fitness for
work and any costs associated with the examination shall be borne by MIL. During this time, the employee shall be
stood down without pay; however, if the medical examination shows the employee
is not under the influence of drugs or alcohol, the employee shall be paid for
the time lost.
45.6 First-aid
Facilities - Suitable first-aid equipment in a hygienic container shall be
available in each workplace/vehicle in an accessible place. This equipment should be regularly
inspected, and replenished as necessary by MIL.
46. Employment
Records
46.1 Time, Salary
Records and Inspection Rights -
46.1.1 MIL shall keep,
or cause to be kept, employment records in accordance with relevant legislation. MIL shall enter or cause to be entered a
correct record of the hours worked, and the salaries (including superannuation)
paid to each employee to whom this award applies. MIL shall, on receipt of reasonable notice, produce such record
for inspection by an accredited union official or Consultative Committee member
approved by the employee and MIL for the sole purpose of investigating any
breach or suspected breach of this award.
Records will not be available on pay days. The approval of the employee involved must also be provided.
46.1.2 If an employee's
employment is terminated, MIL shall be required to hold records for that
employee for 12 months after the employee's termination.
46.1.3 MIL shall keep
sufficient record and detail of the employment relationship for the purpose of
tracking leave entitlements.
PART G
DECLARATION AND
FUTURE COMMITMENTS
47. Declaration
In accordance with the various provisions of the Industrial
Relations Act 1996, this award was negotiated between all the parties
through extensive and exhaustive discussion and it represents the agreed
compromises of all the parties.
48. Future
Negotiations
48.1 The parties
agree to commence negotiations on a new award no later than six months prior to
the termination date of this award.
48.2 During this six
months deliberation period, the parties will meet in order to seek agreement
(resolution of any issues).
48.3 The parties may
seek the assistance of the Commission during the deliberation period.
49. Joint Review of Conditions
49.1 It is the
intention that, during that period of this award, a joint review by MIL and the
employees represented by the Consultative Committee of the operational
requirements will be conducted. This
will enable the implementation of employment conditions and pay ranges that may
be more specific to the wider application of MIL's operations. These will be based on MIL's unique customer
focus service levels and its effective and efficient employment of staff.
49.2 The parties
also agree that during the life of this award MIL, with the support of relevant
employees and their Union representatives, may trial new working arrangements
to facilitate and accommodate the planned review of this award.
49.3 Where such
trials involve temporary variations to the terms of this award, MIL will seek
the prior agreement of the Unions whose members are involved, which shall not
be unreasonably withheld.
49.4 MIL and the
Union(s) whose members are involved agree to progressively consolidate the
outcome of all such trials prior to the planned review taking place.
50. Schedule A -
Arrangements for Channel Attendants
1 Hours of Work
(a) The hours of
work shall be an average of eight per day, although the work of water
distribution staff is clearly task rather than hours oriented and the parties
recognise that the hours worked on any roster may require more or less than
eight hours. The basis for employment
is a 38-hour week. Employees can
therefore expect to work 217 eight-hour (average) days each year (i.e., 13
accrued leisure days).
(b) Any days
worked outside the roster or in excess of 217 days per year will attract
overtime rates for the hours actually worked.
However, an officer may elect to take leave in lieu of overtime for
actual hours worked.
(c) Ordinary hours
to be worked during the non-watering season shall not exceed 160 hours per
four-week period and shall be worked on five days per week, Monday to Friday.
(d) Non-watering
season works will be supervised by the Channel Superintendent or other
Supervisor authorised by the General Manager as appropriate for the work to be
carried out.
2. Rosters
(a) MIL will
maintain a roster for officers to suit local management requirements and such
roster will be displayed in a place accessible to officers.
(b) A roster will
be displayed 28 days in advance.
Provisional rosters may be prepared for the season.
(c) Rosters may
provide any combination of days on duty and days off duty, provided that in each
roster no officer will be required to work more than nine consecutive days and
to have less than three consecutive days off duty following a work period of
more than five consecutive days; four consecutive days off duty following a
work period of more than eight consecutive days.
3. Accrued
Leisure Days
Officers required to work on accrued leisure days may
elect to take an alternative working day as the day rostered off. Accrued leisure days, if applicable, will
accrue by arrangement between the employee and local management to be then
taken at a mutually convenient time.
MIL will make every possible effort to enable four days of combined
accrued days off or annual leave days during the watering season for employees
directly engaged in water distribution.
4. Design of
Work
The parties to this award mutually agree to co-operate
positively in reviews of existing work and management practices addressing all
aspects of service delivery to clients and the development and application of
new technology.
5. Vehicle Use
In view of the 24-hour service provided, limited
private use of vehicles will be permitted according to guidelines established
by the General Manager.
6. Telephone
In view of the 24-hour nature of the service, phone
rental and documented business calls for staff directly involved in water
distribution, will be paid by annual allowance equal to normal rental.
7. Nature of
Work
The primary function of Channel Attendants is water
distribution; however, staff may be requested from time to time to carry out
other tasks as determined by the General Manager. The nature of other tasks shall be limited only by the skills and
safe working arrangements required.
PART H
MONETARY RATES
Table 1 - Rates of
Pay
(i) Weekly base rates
(38-hour week) and award classifications -
|
Award
|
2001
|
2002
|
2003
|
2004
|
Total
|
Classifications for
|
Rate
|
State
|
State
|
State
|
State
|
New
|
Construction/Maintenance, etc.
|
|
Wage
|
Wage
|
Wage
|
Wage
|
Rate
|
|
|
Case
|
Case
|
Case
|
Case
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
Yardman (part-time 8 hours)
|
99.49
|
2.74
|
3.79
|
3.58
|
4.00
|
113.60
|
Cleaner (part-time 20 hours)
|
282.32
|
6.84
|
9.47
|
8.95
|
10.00
|
317.58
|
Cleaner (part-time 21.25 hrs)
|
299.60
|
7.27
|
10.07
|
9.51
|
10.63
|
337.07
|
Truck Driver Grade 3
|
482.40
|
13.00
|
18.00
|
17.00
|
19.00
|
549.40
|
General Construction (Gd 1)
|
484.44
|
13.00
|
18.00
|
17.00
|
19.00
|
551.44
|
Irrigation Trainee
|
489.70
|
13.00
|
18.00
|
17.00
|
19.00
|
556.70
|
Truck Driver Grade 4
|
490.60
|
15.00
|
18.00
|
17.00
|
19.00
|
559.60
|
General Construction (Gd 2)
|
492.80
|
15.00
|
18.00
|
17.00
|
19.00
|
561.80
|
Mech. (Metal Trades (Lvl 10))
|
496.20
|
15.00
|
18.00
|
17.00
|
19.00
|
565.20
|
General Construction (Gd 3)
|
518.92
|
15.00
|
18.00
|
17.00
|
19.00
|
587.92
|
General Construction (Gd 4)
|
530.70
|
15.00
|
18.00
|
17.00
|
19.00
|
599.70
|
Truck Driver Grade 7
|
531.10
|
15.00
|
18.00
|
17.00
|
19.00
|
600.10
|
General Construction Grade 3 & Leading
|
532.98
|
15.00
|
18.00
|
17.00
|
19.00
|
601.98
|
Hand
|
|
|
|
|
|
|
Plant Op. & Leading Hand
|
541.40
|
15.00
|
18.00
|
17.00
|
19.00
|
610.40
|
General Construction Grade 4 & Leading
|
548.08
|
15.00
|
18.00
|
17.00
|
19.00
|
617.08
|
Hand
|
|
|
|
|
|
|
Plant Operator Group C
|
548.25
|
15.00
|
18.00
|
17.00
|
19.00
|
617.25
|
Mech. Trades (Group 10, C8)
|
551.10
|
15.00
|
18.00
|
17.00
|
19.00
|
620.10
|
Plant Operator Group D
|
555.65
|
15.00
|
18.00
|
17.00
|
19.00
|
624.65
|
Plant Operator Group C & Leading Hand
|
562.35
|
15.00
|
18.00
|
17.00
|
19.00
|
631.35
|
Ganger 1-9 men
|
563.10
|
15.00
|
18.00
|
17.00
|
19.00
|
632.10
|
Plant Operator Group E
|
564.35
|
15.00
|
18.00
|
17.00
|
19.00
|
633.35
|
Electrician (Plant) & Leading Hand
|
568.80
|
15.00
|
18.00
|
17.00
|
19.00
|
637.80
|
Mechanical Trades (Group 10, C8)
|
570.00
|
15.00
|
18.00
|
17.00
|
19.00
|
639.00
|
Leading Hand
|
|
|
|
|
|
|
Ganger 10-15 men
|
579.35
|
15.00
|
18.00
|
17.00
|
19.00
|
648.35
|
Building & Construction Carpenter
|
579.62
|
15.00
|
18.00
|
17.00
|
19.00
|
648.62
|
Leading Hand
|
|
|
|
|
|
|
General Const. Overseer 1
|
662.33
|
17.00
|
18.00
|
17.00
|
19.00
|
733.33
|
General Const. Overseer 2
|
668.35
|
17.00
|
18.00
|
17.00
|
19.00
|
739.35
|
General Const. Works Supervisor Grade 1
|
730.26
|
17.00
|
18.00
|
15.00
|
19.00
|
799.26
|
General Const. Overseer 3
|
741.49
|
17.00
|
18.00
|
15.00
|
19.00
|
810.49
|
Weeds Inspector
|
749.04
|
17.00
|
18.00
|
15.00
|
19.00
|
818.04
|
General Construction Works Supervisor
|
850.90
|
17.00
|
18.00
|
15.00
|
19.00
|
919.90
|
Grade 2
|
|
|
|
|
|
|
General Construction Works Supervisor
|
875.30
|
17.00
|
18.00
|
15.00
|
19.00
|
944.30
|
Grade 3
|
|
|
|
|
|
|
General Construction Works Supervisor
|
984.92
|
17.00
|
18.00
|
15.00
|
19.00
|
1,053.92
|
Grade 4
|
|
|
|
|
|
|
(ii) Weekly base rates
(38-hour week + 2 hours overtime) and award classifications -
|
Award
|
2001
|
2002
|
2003
|
2004
|
2 hrs
|
Total
|
Classifications for
|
Rate
|
State
|
State
|
State
|
State
|
at time
|
New
|
Construction/Maintenance, etc.
|
|
Wage
|
Wage
|
Wage
|
Wage
|
& ½
|
Rate
|
|
|
Case
|
Case
|
Case
|
Case
|
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
Yardman (part-time 8 hours)
|
99.49
|
2.74
|
3.79
|
3.58
|
4.00
|
n/a
|
113.60
|
Cleaner (part-time 20 hours)
|
282.32
|
6.84
|
9.47
|
8.95
|
10.00
|
n/a
|
317.58
|
Cleaner (part-time 21.25 hrs)
|
299.60
|
7.27
|
10.07
|
9.51
|
10.63
|
n/a
|
337.07
|
Truck Driver Grade 3
|
482.40
|
13.00
|
18.00
|
17.00
|
19.00
|
43.37
|
592.77
|
General Construction (Gd 1)
|
484.44
|
13.00
|
18.00
|
17.00
|
19.00
|
43.53
|
594.97
|
Irrigation Trainee
|
489.70
|
13.00
|
18.00
|
17.00
|
19.00
|
43.95
|
600.65
|
Truck Driver Grade 4
|
490.60
|
15.00
|
18.00
|
17.00
|
19.00
|
44.18
|
603.78
|
General Construction (Gd 2)
|
492.80
|
15.00
|
18.00
|
17.00
|
19.00
|
44.35
|
606.15
|
Mech. (Metal Trades (Lvl 10)
|
496.20
|
15.00
|
18.00
|
17.00
|
19.00
|
44.62
|
609.82
|
General Construction (Gd 3)
|
518.92
|
15.00
|
18.00
|
17.00
|
19.00
|
46.41
|
634.33
|
General Construction (Gd 4)
|
530.70
|
15.00
|
18.00
|
17.00
|
19.00
|
47.34
|
647.04
|
Truck Driver Grade 7
|
531.10
|
15.00
|
18.00
|
17.00
|
19.00
|
47.38
|
647.48
|
General Construction Grade 3
|
532.98
|
15.00
|
18.00
|
17.00
|
19.00
|
47.52
|
649.50
|
& Leading Hand
|
|
|
|
|
|
|
|
Plant Op. & Leading Hand
|
541.40
|
15.00
|
18.00
|
17.00
|
19.00
|
48.19
|
658.59
|
General Construction Grade 4
|
548.08
|
15.00
|
18.00
|
17.00
|
19.00
|
48.72
|
665.80
|
& Leading Hand
|
|
|
|
|
|
|
|
Plant Operator Group C
|
548.25
|
15.00
|
18.00
|
17.00
|
19.00
|
48.73
|
665.98
|
Mech. Trades (Group 10, C8)
|
551.10
|
15.00
|
18.00
|
17.00
|
19.00
|
48.96
|
669.06
|
Plant Operator Group D
|
555.65
|
15.00
|
18.00
|
17.00
|
19.00
|
49.31
|
673.96
|
Plant Operator Group C &
|
562.35
|
15.00
|
18.00
|
17.00
|
19.00
|
49.84
|
681.19
|
Leading Hand
|
|
|
|
|
|
|
|
Ganger 1-9 men
|
563.10
|
15.00
|
18.00
|
17.00
|
19.00
|
49.90
|
682.00
|
Plant Operator Group E
|
564.35
|
15.00
|
18.00
|
17.00
|
19.00
|
50.00
|
683.35
|
Electrician (Plant) & Leading
|
568.80
|
15.00
|
18.00
|
17.00
|
19.00
|
50.35
|
688.15
|
Hand
|
|
|
|
|
|
|
|
Mechanical Trades Group 10,
|
570.00
|
15.00
|
18.00
|
17.00
|
19.00
|
50.45
|
689.45
|
C8) Leading Hand
|
|
|
|
|
|
|
|
Ganger 10-15 men
|
579.35
|
15.00
|
18.00
|
17.00
|
19.00
|
51.19
|
699.54
|
Building & Construction
|
579.62
|
15.00
|
18.00
|
17.00
|
19.00
|
51.21
|
699.83
|
Carpenter Leading Hand
|
|
|
|
|
|
|
|
General Const. Overseer 1
|
662.33
|
17.00
|
18.00
|
17.00
|
19.00
|
57.89
|
791.22
|
General Const. Overseer 2
|
668.35
|
17.00
|
18.00
|
17.00
|
19.00
|
58.37
|
797.72
|
General Const. Works
|
730.26
|
17.00
|
18.00
|
15.00
|
19.00
|
63.10
|
862.36
|
Supervisor Grade 1
|
|
|
|
|
|
|
|
General Const. Overseer 3
|
741.49
|
17.00
|
18.00
|
15.00
|
19.00
|
63.99
|
874.48
|
Weeds Inspector
|
749.04
|
17.00
|
18.00
|
15.00
|
19.00
|
64.58
|
882.62
|
General Supervisor Grade 2
|
850.90
|
17.00
|
18.00
|
15.00
|
19.00
|
72.62
|
992.52
|
General Construction Works
|
875.30
|
17.00
|
18.00
|
15.00
|
19.00
|
74.55
|
1,018.85
|
Supervisor Grade 3
|
|
|
|
|
|
|
|
General Construction Works
|
984.92
|
17.00
|
18.00
|
15.00
|
19.00
|
83.20
|
1,137.12
|
Supervisor Grade 4
|
|
|
|
|
|
|
|
(iii) Weekly base
rates (38-hour week) and award classifications
|
Award
|
2001
|
2002
|
2003
|
2004
|
Total
|
Classifications for Water Distribution
|
Rate
|
State
|
State
|
State
|
State
|
New
|
|
|
Wage
|
Wage
|
Wage
|
Wage
|
Rate
|
|
$
|
Case
|
Case
|
Case
|
Case
|
$
|
|
|
$
|
$
|
$
|
$
|
|
Channel Attendant
|
653.69
|
17.00
|
18.00
|
17.00
|
19.00
|
724.69
|
Central Water Ord. Planner
|
697.51
|
17.00
|
18.00
|
15.00
|
19.00
|
766.51
|
Senior Channel Attendant
|
736.82
|
17.00
|
18.00
|
15.00
|
19.00
|
805.82
|
Central Water Ordering Senior Planner
|
736.82
|
17.00
|
18.00
|
15.00
|
19.00
|
805.82
|
Water Dist. Manager Grade 1
|
800.90
|
17.00
|
18.00
|
15.00
|
19.00
|
869.90
|
Water Dist. Manager Grade 2
|
825.30
|
17.00
|
18.00
|
15.00
|
19.00
|
894.30
|
(iv) Weekly base
rates (38-hour week) and award classifications
|
Award
|
2001
|
2002
|
2003
|
2004
|
Total
|
Classifications for Administration
|
Rate
|
State
|
State
|
State
|
State
|
New
|
|
|
Wage
|
Wage
|
Wage
|
Wage
|
Rate
|
|
|
Case
|
Case
|
Case
|
Case
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
Admin. Officer Grade 1
|
436.00
|
13.00
|
18.00
|
17.00
|
19.00
|
503.00
|
Admin. Officer Grade 2
|
466.00
|
13.00
|
18.00
|
17.00
|
19.00
|
533.00
|
Admin. Officer Grade 3
|
496.00
|
15.00
|
18.00
|
17.00
|
19.00
|
565.00
|
Admin. Officer Grade 4
|
526.00
|
15.00
|
18.00
|
17.00
|
19.00
|
595.00
|
Admin. Officer Grade 5
|
554.00
|
15.00
|
18.00
|
17.00
|
19.00
|
623.00
|
Admin. Officer Grade 6
|
584.00
|
15.00
|
18.00
|
17.00
|
19.00
|
653.00
|
Admin. Officer Grade 7
|
612.00
|
17.00
|
18.00
|
17.00
|
19.00
|
683.00
|
Admin. Officer Grade 8
|
642.00
|
17.00
|
18.00
|
17.00
|
19.00
|
713.00
|
Admin. Officer Grade 9
|
672.00
|
17.00
|
18.00
|
17.00
|
19.00
|
743.00
|
Admin. Officer Grade 10
|
702.00
|
17.00
|
18.00
|
15.00
|
19.00
|
771.00
|
Admin. Officer Grade 11
|
732.00
|
17.00
|
18.00
|
15.00
|
19.00
|
801.00
|
Admin. Officer Grade 12
|
760.00
|
17.00
|
18.00
|
15.00
|
19.00
|
829.00
|
Table 2 - Other
Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
13.2.1
|
Use of Spray
|
$9.98 per day
|
2
|
13.2.2
|
First-aid allowance
|
$2.26 per day
|
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.