CROWN EMPLOYEES (LORD HOWE ISLAND BOARD
SALARIES AND CONDITIONS 2001) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to
section 19 of the Industrial Relations
Act 1996.
(No. IRC 973 of 2001)
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Before the Honourable Mr Deputy President Harrison
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29 May and 6 June
2001
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REVIEWED AWARD
ARRANGEMENT
PART A
Clause No. Subject Matter
1. Definitions
2. Multi-skilling & Staff Flexibility
3. Salaries
4. Appointment
5. Salary Progression
6. Island Disability Allowance
7. Disability Allowance (Commonwealth District
Allowance)
8. Call-out Allowance
9. Higher Duties Allowance
10. Boot Allowances
11. Special Duties Allowance
12. Travel Allowances
13. Allowance for Surveying Duties
14. Adjustment of Allowances
15. Hours
16. Overtime
17. Time in Lieu
18. Public Holidays
19. Annual Leave
20. Additional Leave
21. Sick Leave
22. Family and Community Service Leave, Personal Carer's Leave and Flexible Use of Other
Leave Entitlements
23. Special Leave
24. Leave Without Pay
25. Long Service Leave
26. Maternity Leave
27. Parental Leave
28. Study Assistance
29. Adoption Leave
30. Part-Time Work
31. Semi-Official Telephone Subsidy
32. Relocated Staff
33. Casual Employment
34. Termination of Employment
35. Consultation
36. Disputes Procedure
37. Uniforms
38. Enterprise Arrangements
39. Anti-Discrimination
40. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1- Salaries
Table 2- Allowances
PART A
1. Definitions
"Association" means the Public Service Association
and Professional Officers' Association Amalgamated Union of New South Wales.
"Board" means the Lord Howe Island Board.
"Casual staff" means staff who are engaged on an
hourly basis and paid as such. Casual
staff includes permanent staff who are engaged at weekends or public holidays
to perform work which is not in the course of their normal duties or normal
hours of work.
"Credit hours" is the difference between the
number of hours worked and contract hours, where the number of hours worked in
a settlement period is more than contract hours.
"Debit hours" is the difference between the number
of hours worked and contract hours, where the number of hours worked in a
settlement period is less than contract hours.
"Manager" means the Manager of the Lord Howe
Island Board.
"Staff" means and includes all persons employed
from time to time by the Lord Howe Island Board under the provisions of the Lord Howe Island Act 1953. The Manager, Secretary and Manager,
Administration are not considered to be staff for the purpose of this Award.
2. Multi-Skilling And
Staff Flexibility
(i) Staff may be
directed to perform any work in any area of the Board's operations which is
within their competence and which is consistent with the duties described within
a staff member's Position Description
(ii) Staff
training will be used to promote greater flexibility and multi-skilling.
3. Salaries
(i) Staff will be
appointed to one of the grades outlined in Table 1of Part B Monetary Rates.
(ii) The rates of
pay set out in Table 1 include payment for annual leave loading and Island
disability allowance.
4. Appointment
(i) Positions
will be graded using an accredited job evaluation system.
(ii) Except as
provided in subclause (iii), staff will be appointed to the first salary point
in the grade of the position to which they are appointed.
(iii) The Board may
appoint a person at a higher salary level within the grade. In determining commencing salary, regard
will be had to:
(a) the person’s
skills, experience and qualifications;
(b) the rate
required to attract the person; and
(c) the
remuneration of existing staff performing similar work.
5. Salary Progression
(i) Progression
within each grade will be by annual increment, provided that the Manager is satisfied
with the conduct and manner of performance of duties of the staff member
concerned.
(ii) Progression
to another grade will be by competitive selection for an advertised vacancy.
6. Island Disability
Allowance
(i) All staff are
entitled to payment of an Island disability allowance. The allowance is compensation for the high
cost of living and isolation.
(ii) The allowance
is as set out in Table 2 of Part B.
(iii) The allowance
is incorporated into all salary rates "(see clause 3, Salaries, of this
Award)."
7. Disability
Allowance (Commonwealth District Allowance)
(i) Except as
provided for in this clause, no staff are entitled to payment of the Disability
Allowance which is equivalent to the Commonwealth District Allowance.
(ii) Staff who at
the date of commencement of this Award are receiving the Disability Allowance
(or any residual amount of the Disability Allowance that has been previously
discounted) will continue to receive it on a personal basis. However, the amount of the allowance (or any
residual amount of the allowance that has been previously discounted) will be
discounted in accordance with the following:
(a) Senior
Electrical Officer: - the amount of the allowance paid prior to the
commencement of this Award will be further discounted by $400 and by the amount
of any future increases to the Island Disability Allowance.
The Disability Allowance will no longer be adjusted.
8. Call-Out Allowance
(i) Except as
provided by in this clause, no staff are entitled to payment of a Call-out
Allowance.
(ii) Staff who at
the date of commencement of this Award are receiving a Call-out Allowance will
continue to receive such an allowance on a personal basis.
(a) The Senior
Electrical Officer will continue to receive an allowance of $1,800 p.a. At the conclusion of the current occupant’s
(Mr Higgins) employment with the Board, the allowance will cease to apply.
(b) The Call-out
Allowance referred to in (ii) (a) of this clause will not be adjusted.
9. Higher Duties
Allowance
(i) Staff who are
directed to perform the duties of a higher position for more than five
consecutive working days will be paid an allowance.
(ii) The allowance
will be agreed following discussion with the staff member and will be a
proportion of the staff member's existing salary and the salary for the minimum
rate for the higher position depending on the range of duties to be performed.
10. Boot Allowances
(i) Staff who are
regularly directed to work in the permanent park preserve will be entitled to a
hiking boot allowance of up to the rate as set in Table 2 of Part B, Monetary
Rates.
(ii) Staff who are
regularly directed to undertake tree climbing for the purposes of research will
be entitled to a climbing boot allowance of up to the rate as set in Table 2 of
Part B, Monetary Rates.
(iii) The
allowances will be payable on production of a receipt and on condemnation of
the previous pair of boots.
11. Special Duties
Allowance
(i) A special
duties allowance will be paid to staff who perform duties which
(a) require
special training, such as abseiling, or tree climbing for the purpose of tree
surgery or research; or
(b) involve the
rescue of people from difficult locations involving specialised rescue
equipment for which specific training is required, and/ or from locations that
are more than 300 metres from established roads, tracks or routes; or from the
sea.
(ii) The special
duties allowance is the rate per day as set out in Table 2 of Part B, Monetary
Rates and will only paid where such special duties are not included in the
position description.
(iii) The allowance
will only be payable to staff who are directed to, and who actually perform the
special duties.
12. Travel Allowances
Travel allowances will be paid in accordance with the
provisions for travelling compensation allowances under the Crown Employees
(Public Service Conditions of Employment) Award 1997.
13. Allowance For
Surveying Duties
(i) Subject to
sub-clause (iii), staff who perform surveying for cadastral or engineering
purposes will be entitled to an allowance for surveying duties.
(ii) The allowance
will be paid for each hour or part thereof that surveying duties are performed
and the amount of the allowance will be the difference between the current
hourly salary rate of the person performing the surveying duties and the
current hourly rate payable for a Lord Howe Island Board Officer Grade 4, Year
1.
(iii) The allowance
will only be payable to staff directed to, and who actually perform surveying
duties and who are currently at Grade 3, Year 3 or lower and hold a Bachelor of
Surveying Degree.
14. Adjustment Of
Allowances
The boot allowances and special duties allowance may be
adjusted from time to time, provided that the Board and the Association agree
to such adjustments.
15. Hours
(i) The ordinary
hours of work for all staff covered by this Award will be an average of 38 per
week over a 4-week settlement period, Monday to Sunday inclusive.
(ii) The ordinary
hours of work will generally be worked Monday to Friday, however some staff may
be required to perform some of their ordinary time on weekends and public
holidays.
(iii) Ordinary
hours will be worked between 7.00 am and 6.00 pm.
(iv) Staff will be
able to work either flexitime arrangements or set patterns of hours (where
start and finish times are set) in consultation with their
manager/supervisor. Such working hours
arrangements will be determined in relation to the needs of the work and the
work group.
(v) The business
hours of the Board are from 8.30 am to 4.30 pm Monday to Friday. The hours of work for administrative staff
will be arranged to ensure that an adequate level of service is maintained
during business hours.
Part A-Flexi time-
(i) Time will not
be credited for work performed outside the bandwidth of 7.00 am to 6.00 pm.
(ii) The usual
start and finish times for staff working flexitime will be agreed to with the
supervisor/manager to ensure that staff are working the hours necessary for
their position and maintain the necessary level of service during business
hours.
(iii) Staff must
take an unpaid lunch break of at least 30 minutes, however staff may take a
break of up to 2 hours. A staff member
may only take a lunch break of more than 1 hour with the prior approval of
his/her supervisor.
(iv) Generally an
individual may select start and finishing times, however where it is necessary
the Manager may direct staff to work for 7.6 hours on a particular day and also
direct staff to start and finish at particular times within the bandwidth on
that day.
(v) Staff may work
for more than 7.6 hours per day, where work is available which can be performed
at the convenience of the Board. Staff
may also work for less than 7.6 hours on a particular day.
(vi) At the end of
the settlement period, credit hours accumulated in excess of 21 are forfeited.
(vii) At the end of
the settlement period, debit hours accumulated in excess of 10 are debited
against recreation leave or, if staff have no recreation leave, shall be taken
as leave without pay.
(viii) Generally a staff
member may, with the approval of his/her supervisor, take 21 hours of
flexileave in a settlement period. Only
one period of flexileave is permitted per settlement period. Such flexileave may be taken as either whole
and/or half days.
(ix) A half day may
only be taken off either before 3 hours and 48 minutes are worked during the
bandwidth or after 3 hours and 48 minutes are worked during the bandwidth.
(x) Flexileave may
be taken before or after a period of annual leave but may not be taken during a
period of annual leave.
(xi) A staff member
must have the approval of his/her supervisor prior to taking flexileave. The supervisor may refuse any request for
flexileave provided there are good and sufficient reasons.
(xii) The Manager
may direct a staff member to work under a standard hours arrangement (7.6 hours
per day with established commencing and finishing times) where it is evident
that the staff member is not observing the hours arrangements established under
this Award or any associated administrative instructions.
(xiii) Where staff
give notice of resignation or retirement they should take all reasonable steps
to eliminate any accumulated credit or debit hours. No compensation will be paid for any accumulated credit hours on
the last day of service. Where staff
have accumulated debit hours at the completion of the last day of service any
monies owing shall be debited accordingly.
Part B-Set Patterns of Hours-
(i) Staff working
a set pattern of hours will usually work eight hours per day with 0.4 of one
hour accruing toward one rostered day off in each four week period, however,
such staff may be required to work other roster arrangements depending on the
needs of the work.
(ii) Hours will
usually be worked from 7.00 am to 3.30 pm.
By mutual agreement between the Manager and staff starting and ceasing
times may be varied.
(iii) Staff are
entitled to an unpaid lunch break of 30 minutes.
Staff may take a morning tea break (not exceeding 10 minutes)
at the place where work is being conducted at the time of the break, provided
that there is no disruption to the continuity of the work being performed.
(iv) The Board will
provide appropriate utensils (such as eskies and thermoses), to enable staff to
take their tea or lunch breaks at the work site.
(v) Days off for
all staff shall be rostered over each 4-week period. In drawing up the roster, regard shall be had to the work
programs being undertaken, the needs of the Board and the needs of the staff.
(vi) Through
consultation with the supervisor, a staff member may alter his/her rostered day
off. Rostered days off may only be
altered if doing so involves no additional costs to the Board and causes no
disruption to work programs.
(vii) Staff may
accumulate up to 5 rostered days off.
16. Overtime
(i) Staff on
flexitime will be entitled to payment of overtime, where they are directed to
work hours which fall outside the bandwidth.
(ii) Staff on set
rosters or standard hours will be entitled to payment of overtime, where they
are directed to work hours in excess of ordinary hours per day.
(iii) Overtime will
be paid for at the rate of time and a half for the first two hours and double
time for all hours worked thereafter.
These rates apply on weekdays, weekends and public holidays to overtime
which is rostered outside of ordinary hours (or the bandwidth) or at weekends,
or where overtime is continuous (subject to a reasonable meal break) with the
completion or commencement of ordinary hours (or the bandwidth).
(iv) Staff who
commence working overtime will be paid a minimum of 1 hour at overtime rates.
(v) A staff member
who is called back to work after completion of normal duty shall be paid for 4
hours at his/her ordinary rate of pay, provided that any hours worked in excess
of 4 shall be paid at overtime rates.
(vi) Staff are
entitled to at least ten consecutive hours off duty between completing overtime
on one day and commencing ordinary work on the next day. If staff are directed to resume or continue
work without having had ten consecutive hours off duty, they shall be paid at
overtime rates until they are released from duty. Staff shall suffer no loss of pay for ordinary working time,
which occurs during any absence, which is being taken for the purpose of
ensuring a ten-hour break.
(vii) Staff shall
not be entitled to compensation for overtime if it is customary for staff to
return to work to perform a specific job that is usually performed outside of
ordinary working hours. Such time will
contribute to the ordinary hours of work for the week (ie part of the 38 hours
per week).
(viii) Sub-clause
(vii) does not apply to regular maintenance at the Powerhouse undertaken by the
Senior Electrical Officer (Mr Higgins) employed at the time of the making this
Award on Saturdays, Sundays and Public Holidays, who will continue to receive
the payments that applied before this Award was made. On the termination of employment of Mr Higgins, this subclause
will cease to apply and any new staff member responsible for the maintenance
and operation of the Powerhouse will receive the overtime provisions as set out
in (vii) above.
(ix) Casual staff
are entitled to be paid overtime in accordance with the provisions of this
clause for time worked in excess of the full time daily contract hours for that
position.
17. Time In Lieu
By agreement between the Manager and staff, directed
overtime may be taken as time off in lieu.
Time off in lieu will be allotted at overtime rates. Such time off is to be taken within a month
of accrual at a time convenient to the Board, however with the approval of the
supervisor time off may be taken at a later date.
18. Public Holidays
Staff are entitled to the following public holidays: New
Years Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's
Birthday, Bank Holiday, Labour Day, Christmas Day, Boxing Day, and any other
proclaimed holiday for NSW. Provided
that Bank Holiday shall be taken as an additional day of leave between Boxing
Day and New Years Day.
19. Annual Leave
(i) Staff are
entitled to annual leave of twenty working days per annum.
(ii) Annual leave
accrues at the rate of 1-2/3 days per month.
Leave entitlements are based only on completed months of service.
(iii) Limits on
Accumulation and Direction to Take Leave
(1) At least two
(2) consecutive weeks of recreation leave shall be taken by a staff member
every 12 months, except by agreement with the Manager in special circumstances
(2) Where the
operational requirements permit, the application for leave shall be dealt with
by the Manager according to the wishes of the staff member
(3) The Manager
shall notify the staff member in writing when accrued recreation leave reaches
6 weeks or its hourly equivalent and at the same time may direct a staff member
to take at least 2 weeks recreation leave within 3 months of the notification
at a time convenient to the Manager
(4) The Manager
shall notify the staff member in writing when accrued recreation leave reaches
8 weeks or its hourly equivalent and direct the staff member to take at least 2
weeks recreation leave within 6 weeks of the notification. Such leave is to be
taken at a time convenient to the Manager
(iv) Conservation
of Leave-If the Manager is satisfied that a staff member is prevented by
operational or personal reasons from taking sufficient recreation leave to
reduce he accrued leave below an acceptable level of between 4 and 6 weeks or
its hourly equivalent, the Manager shall:
1. specify in
writing the period of time during which the excess shall be conserved; and
2. on the
expiration of the period during which conservation of leave applies, grant
sufficient leave to the staff member at a mutually convenient time to enable
the accrued leave to be reduced to an acceptable level below the 8 weeks limit
3. The Manager
will inform a staff member in writing on a regular basis of the staff member's
recreation leave accrual.
(v) Subject to the
provisions of the Annual Holidays Act 1944, upon resignation, retirement or
termination of services a staff member who has acquired a right to annual leave
is entitled to be paid the monetary value of that leave.
(vi) Where a staff
member who has acquired a right to annual leave dies prior to taking that
leave, the monetary value of such untaken leave is to be paid to the estate of
the staff member.
(vii) Annual leave
loading is not payable "(see clause 3, Salaries, of this Award)."
20. Additional Leave
The Nursery Manager, Manager Technical Services, Senior
Electrical Officer and Ranger are entitled to an additional 5 days of annual
leave per year as compensation for disruption and inconvenience associated with
regular or frequent call-outs to perform work on weekends and otherwise outside
of ordinary hours of employment.
21. Sick Leave
(i) Staff are
entitled to 15 working days paid sick leave per calendar year. The full annual entitlement is available
from 1 January each year.
(ii) Unused
entitlements are fully cumulative.
(iii) Staff who
first commence working with the Board after 1 January will have their annual
grant reduced proportionately by applying the following formula:
No of whole months remaining in year divided by 12 x annual
entitlement;
provided that where a staff member is absent on account of
illness in the first year of employment he or she shall be granted a minimum of
five days of sick leave. Where sick
leave granted is more than the staff member's first year entitlement
(calculated using the above formula) the excess shall be offset by a
corresponding reduction in sick leave granted at the start of the next calendar
year.
(iv) Generally, the
maximum amount of paid sick leave that may be granted during the first 3 months
of employment is 5 days. Any sick leave
granted during the first 3 months of employment must be supported by a medical certificate.
(v) Staff who are
absent from duty because of illness will report the absence not later than 1
hour after normal commencing time.
(vi) Staff are
allowed 3 days absence on sick leave during any calendar year unsupported by a
medical certificate. Any further absence(s) must be supported by a medical
certificate.
(vii) In exceptional
circumstances the Board may grant staff additional sick leave.
22. Family And
Community Service Leave, Personal/Carer’s Leave
And Flexible Use Of Other Leave Entitlements
A. Definitions-
For the purposes of this clause a person concerned is
defined as:
(a) a spouse of
the staff member; or
(b) a de facto
spouse, who, in relation to the staff member, is a person of the opposite sex
to the staff member and who lives with the staff member as husband or wife of
that staff member on a bona fide domestic basis although not legally married to
the employee; or
(c) a child or
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the employee or spouse or defacto spouse
of the staff member; or
(d) a same sex
partner who lives with the staff member as the defacto partner of the staff
member on a bona fide domestic basis; or
(e) a relative of
the staff member who is a member of the same household, where for the purposes
of this paragraph:
(i) ‘relative’
means a person related by blood, marriage or affinity;
(ii) ‘affinity’
means a relationship that one spouse because of marriage has to the blood
relatives of the other; and
(iii) ‘household’
means a family group living in the same domestic dwelling.
B. Family And
Community Service Leave-General-
(i) The Manager
may grant family and community service leave to a staff member
(a) for reasons
related to the family responsibilities of the staff member or
(b) for reasons
related to the performance of community service by the staff member or
(c) in a case of
pressing necessity.
(ii) A staff
member is not to be granted family and community service leave for attendance
at court to answer a criminal charge, unless the Manager approves the grant of
leave in the particular case.
C. Family And
Community Service Leave-Entitlement-
(i) The maximum
amount of family and community service leave on full pay that may be granted to
a staff member is:
(a) 3 working days
during the first year of service and 6 working days in any period of 2 years
after the first year of service; or
(b) 1 working day
for each year of service after 2 years continuous service, minus any period of
family or community service (or short leave) already taken by the staff member;
whichever is the greater.
(ii) Family and
community service leave is available to part-time staff members on a pro rata
basis, based on the number of hours worked in proportion to the full time
hours.
(iii) Where family
and community service leave has been exhausted, additional paid family and
community service leave of up to 2 days may be granted on a discrete, ‘per
occasion’ basis to any staff member on the death of a person concerned as
defined in subclause (A) above.
D. Use Of Sick
Leave To Care For A Sick Dependent-General-
When family and community service leave, as outlined above
in subclause (C) of this Clause, is exhausted, the sick leave provisions under
subclause (E) may be used by a staff member to care for a sick dependent.
E. Use Of Sick
Leave To Care For A Sick Dependent-Entitlement-
(i) The
entitlement to use sick leave in accordance with this subclause is subject to:
(a) the staff
member being responsible for the care and support of the person concerned; and
(b) the person
concerned being as defined in subclause (A).
(ii) A staff
member with responsibilities in relation to a person who needs their care and
support shall be entitled to use sick leave available from that year’s annual
sick leave entitlement minus any sick leave already taken from that year’s
entitlement to provide care and support for such persons when they are ill.
(iii) In addition
to the current year’s grant of sick leave available under paragraph (ii) of
this subclause above, untaken sick leave accrued from the previous 3 years may
also be accessed by a staff member with responsibilities in relation to a
person who needs their care and support.
(iv) The Manager
may in special circumstances, make a grant of additional sick leave. This grant can only be taken from untaken
sick leave accrued prior to the period referred to in paragraph (iii) above.
(v) The staff
member 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.
(vi) The staff
member has the right to choose the method by which the ground for leave is
established, that is, by production of either a medical certificate or
statutory declaration. Provided that
all absences in excess of three days will be accompanied by an appropriate
medical certificate.
(vii) The staff
member is not required to state the exact nature of the relevant illness on
either the medical certificate or statutory declaration.
(viii) The staff
member shall, wherever practicable, give the Manager 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 staff member, the reasons for taking such
leave and the estimated length of absence.
If it is not practicable for the staff member to give prior notice of
absence, the staff member shall notify the Manager by telephone of such absence
at the first opportunity of the date of absence.
(ix) In normal
circumstance, the staff member must not take leave under this subclause where
another person has taken leave to care for the same person.
F. Time Off In
Lieu Of Payment For Overtime
(i) For the
purposes only of providing care and support for a person in accordance with
subclause (A) of this clause and despite the provisions of the overtime clause
16, Overtime, in this award, a staff member may elect, with the consent of the
Manager, to take time off in lieu of payment for overtime at a time or times
agreed with the Manager to care for sick dependents.
(ii) 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.
(iii) If, having
elected to take time as leave in accordance with paragraph (i) 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.
(iv) Where no
election is made in accordance with paragraph (i) of this subclause, the
employee shall be paid overtime rates in accordance with the overtime clause 16
in this Award.
G. Use Of Make
Up Time
A staff member may elect, with the consent of the Manager,
to work "make up time."
"Make up time" is worked when the employee takes time off
during ordinary hours for family or community service responsibilities, and
works those hours at a later time, during the spread of ordinary hours, at the
ordinary rate of pay.
H. Use Of Other
Leave Entitlements
The Manager may grant a staff member other leave
entitlements for reasons related to family responsibilities, or community
service by the staff member. A staff
member may elect, with the consent of the employer to take:
(a) recreation
leave;
(b) long service
leave; or
(c) leave without
pay.
23. Special Leave
(i) The Board may
grant staff special leave for the purposes of attending court in answer to a
jury summons, or attending court as a witness for the Crown.
(ii) The Board may
also grant staff special leave in other circumstances.
24. Leave Without Pay
The Board may grant staff leave without pay in appropriate
circumstances. Once leave without pay
is commenced it will continue until resumption of duty.
25. Long Service
Leave
(i) Staff are
entitled to credits for Long Service Leave after completion of service as set
out below:
(a) after 10 years
service - 44 workings days; and
(b) for service
beyond 10 years - 11 days per annum for each completed year of service
(ii) Long Service
Leave may only be taken at times mutually agreed between staff and the Board.
(iii) A staff
member who is entitled to Long Service Leave will upon the termination of
his/her services, be paid in lieu of such leave the money value of the leave
due.
(iv) Where a member
of staff is entitled to Long Service Leave and dies, the estate of the staff
member will be entitled to receive the money value of the leave not taken or
not completed, computed at the rate of salary the staff member received at the
time of his/her death.
(v) Staff members
with more than 5 years but less than 10 years service shall be paid
proportionate Long Service Leave in the following circumstances:
(a) medical
retirements;
(b) voluntary
redundancy;
(c) retrenchment;
(d) voluntary
retirement at 55 years of age or older;
(e) termination by
the Board for any reason other than serious and intentional misconduct; and
(f) termination
by the staff member where evidence proves that the termination was brought
about by illness or incapacity of the staff member or of a member of the staff
member’s family, or by other reasons that constitute domestic or pressing
necessity.
26. Maternity Leave
(i) All female
staff shall be entitled to unpaid maternity leave of:
(a) up to 9 weeks
before the expected date of birth of the child; and
(b) up to 12
months after the actual date of birth of the child.
(ii) A female
staff member who, prior to the expected date of birth of her child, has
completed 40 weeks continuous service, either full or part time, will be
eligible for up to 9 weeks paid maternity leave, or for the duration of her
maternity leave if she takes less than 9 weeks.
(iii) the remainder
of maternity leave is without pay.
27. Parental Leave
(i) Staff is
entitled to Parental Leave as follows:
(a) 1 week of
unpaid leave from the date of birth of the child; and
(b) with the
consent of the Board, where the staff member is to be the primary care-giver;
(1) up to 51 weeks
unpaid leave on a full time basis; or
(2) up to a
maximum of 103 weeks unpaid leave on a part- time basis; or
(3) a combination
of full time and part-time leave provided that the period of leave taken does
not exceed the equivalent of 12 months full time leave.
28. Study Assistance
(i) The Board may
support staff members gaining additional skills through formal study.
(ii) (a) The Board shall have the power to grant
or refuse study time leave
(b) Where the
Board approves the grant of study time leave, the grant shall be subject to:
(1) the course
being a course relevant to the Board; and
(2) the time being
taken at the convenience of the Board.
(c) Study time
leave may be granted to both full and part-time staff members. Part-time staff members however shall be
entitled to a pro-rata allocation of study time leave to that of a full-time
staff member.
(d) Study time
leave may be used for:
(1) attending
compulsory lectures, tutorials, residential schools, field days, etc, where
these are held during working hours; and/or
(2) necessary
travel during working hours to attend lectures, tutorials etc, held during or
outside working hours; and/or private study; and/or accumulation, subject to
the conditions specified in paragraphs (f) to (j) of subclause (ii) of this
clause.
(e) Staff members
requiring study time leave must nominate the type(s) of study time leave
preferred at the time of application and prior to the proposed commencement of
the academic period. The types of study
time leave are as follows: -
(1) Face-to-Face-Staff
members may elect to take weekly and/or accrued study time leave, subject to
the provisions for its grant.
(2) Correspondence-Staff
members may elect to take weekly and/or accrued study time leave or time off to
attend compulsory residential schools.
(3) Accumulation-Staff
members may choose to accumulate part or all of their study time leave as
provided in paragraphs (f) to (j) of subclause (ii) of this clause.
(f) Accumulated
study time leave may be taken in any manner or at any time, subject to
operational requirements of the Board.
(g) Where, at the
commencement of an academic year/semester, a staff member elects to accrue
study time leave and that staff member has consequently foregone the opportunity
of taking weekly study time leave, the accrued period of time off must be
granted even if changed work circumstances mean absence from duty would be
inconvenient.
(h) Staff members
attempting courses which provide for annual examinations, may vary the election
as to accrual, made at the commencement of an academic year, effective from 1
July in that year.
(i) Where a staff
member is employed after the commencement of the academic year, weekly study
time leave may be granted with the option of electing to accrue study time
leave from 1 July in the year of entry on duty or from the next academic year,
whichever is sooner.
(j) Staff members
studying in semester based courses may vary their election as to accrual or
otherwise from semester to semester.
(k) Correspondence
courses - Study time leave for staff members studying by correspondence accrues
on the basis of half an hour for each hour of lecture/tutorial attendance
involved in the corresponding face-to-face course, up to a maximum grant of 4
hours per week. Where there is no
corresponding face-to-face course, the training institution should be asked to
indicate what the attendance requirements would be if such a course existed.
(l) Correspondence
students may elect to take weekly study time leave and/or may accrue study time
leave and take such accrued leave when required to attend compulsory
residential schools.
(m) Repeated
subjects - Study time leave shall not be granted for repeated subjects.
(n) Expendable
grant - Study time leave if not taken at the nominated time shall be
forfeited. If the inability to take
study time leave occurs as a result of a genuine emergency at work, study time
leave for that week may be granted on another day during the same week.
(o) Examination
Leave - Examination leave shall be granted as additional study leave for all
courses of study approved in accordance with this clause.
(p) The period
granted, as examination leave shall include:
(1) time actually
involved in the examination;
(2) necessary
travelling time, in addition to examination leave,
but is limited to a maximum of 5 days in any one year. Examination leave is not available where an
examination is conducted within the normal class timetable during the
term/semester and study time has been granted to the staff member.
(q) The
examination leave shall be granted for deferred examinations and in respect of
repeat studies.
(r) Study Leave -
Study leave for full-time study is granted to assist those staff members who
win scholarships/fellowships/awards or who wish to undertake full-time study
and/or study tours. Study leave may be
granted for studies at any level, including undergraduate study.
(s) All staff
members are eligible to apply and no prior service requirements are necessary.
(t) Study leave
shall be granted without pay, except where the Board approves financial
assistance. The extent of financial
assistance to be provided shall be determined by the Board according to the
relevance of the study to the workplace and may be granted up to the amount
equal to full salary.
(u) Where
financial assistance is approved by the Board for all or part of the study
leave period, the period shall count as service for all purposes in the same
proportion as the quantum of financial assistance bears to full salary of the
staff member.
(v) Scholarships
for Part-time Study - In addition to the study time/study leave provisions
under this subclause, the Board may choose to identify courses or educational
programs of particular relevance or value and establish a Board scholarship to
encourage participation in these courses or programs. The conditions under which such scholarships are provided should
be consistent with the provisions of this clause.
29. Adoption Leave
Staff are entitled to Adoption Leave in accordance with the
provisions of the Industrial Relations Act 1996. The Board may also grant staff up to three weeks paid adoption
leave.
30. Part-Time Work
Staffs who are engaged on a part-time basis will be granted
leave and other entitlements on a pro-rata basis.
31. Semi-Official
Telephone Subsidy
(i) Where it is
considered essential that a staff member be able to be contacted or required to
contact others in connection with the duties of his/her position outside normal
working hours, the Board may approve of payment of a telephone subsidy.
(ii) In all cases
the Board will determine the extent of the subsidy.
32. Relocated Staff
(i) The Board may
provide assistance to staff who must relocate to the Island to take up an
appointment. Assistance may also be
provided for staff to return to the mainland at the conclusion of their
employment, provided that such a move occurs within 1 month of the cessation of
employment.
(ii) If payment of
relocation expenses to or from the Island has been approved by the Board, the
following costs associated with relocation will be reimbursed:
(a) Reasonable
costs associated with the removal of personal or household effects (excluding
vehicles) to the Island and/or to a place of storage on the mainland.
(b) Reasonable
storage costs for furniture or household effects for the term of employment.
(c) Costs of
insuring furniture, personal or household effects kept in storage paid by the
Board on the mainland, up to a value as set out in Table 2 of Part B, Monetary
Rates.
(iii) Subject to
approval, the Board may pay the costs of air travel to Sydney or Brisbane for a
staff member and his/her dependents who have relocated (or are relocating) to
the Island in the following circumstances: -
(a) Air travel to
the Island when taking up an appointment.
(b) Air travel to
the mainland after completing an appointment, provided that departure from the
Island occurs within 1 month of cessation of employment with the Board.
(c) After each
year of service, one return flight to the mainland (Sydney or Brisbane) which
must be taken within 12 months and
which staff will only be entitled to while they continue in
employment.
(d) To attend the
funeral of a close relative (of either the staff member or a dependent), or
where a close relative is critically ill.
(iv) This clause
shall not affect the entitlements of relocated staff who were employed by the
Board prior to the commencement of this Award.
(v) In this clause
"dependent" is generally defined as a staff member's child or
partner. However, having regard to the
particular circumstances that may arise, the Board may recognise other
"dependents".
(vi) In this clause
"close relative" means partner, spouse or de factor spouse or same
sex partner, parent, child, brother or sister. However, having regard to the
particular circumstances that may arise, the Board may recognise other
"close relatives".
(vii) Where
appropriate, the Board may provide relocated staff with accommodation. The Board will determine the weekly rent
payable for accommodation. Rents may be
adjusted by the Board from time to time.
(viii) The airfares
provided for in this clause are not transferable to another person or persons.
33. Casual Employment
(i) The hourly
rate for casual staff will be the appointed salary rate for the position
divided by 52.17857 divided by the number of ordinary full-time hours for the
position. 4/48ths will be added to the
hourly rate as pro -rata holiday pay.
(ii) Casual staff
who are engaged on weekends or public holidays shall be paid the hourly rate
plus a loading of 20% plus 4/48ths as pro rata holiday pay.
(iii) Casual staff
are not entitled to any form of leave specified in the Award, except for long
service leave in accordance with the Long
Service Leave Act, 1955.
34. Termination Of
Employment
(i) Two weeks
notice or payment in lieu of notice applies to permanent and temporary staff.
(ii) However, in
cases of serious or wilful misconduct, the Manager may waive notice and no
payment in lieu will be due to the staff member.
(iii) Redundancy: -
Staff whose positions are made redundant and are also declared to be excess of
the employment needs of the Board shall be managed in accordance with the
Government’s policy on Managing Displaced Employees, as varied from time to
time.
35. Consultation
(i) The Board and
the Association agree to continued consultation to ensure that the
implementation of this Award realises improvements in service delivery,
productivity, efficiency and job satisfaction.
(ii) The Award
provisions will be monitored by the Association and management
representatives. The Board and the
Association will meet as necessary to resolve any difficulties which may arise
with the implementation or operation of this Award and to discuss possible
future improvements.
36. Disputes
Procedure
(i) When any
dispute arises at the workplace, the staff member(s) must attempt to resolve
the issue with the person concerned in the first instance.
(ii) If this is
not possible, the staff member refers the dispute to their immediate supervisor
or manager. The supervisor is to be
given the opportunity to fully investigate the matter and must provide a
written response to the dispute. The
supervisor will advise the staff member(s) concerned of the time by which an
answer will be provided. Issues should
be resolved within forty eight (48) hours.
(iii) If the
dispute is not resolved between the staff member(s) and their immediate
supervisor, or where the matter is of such a nature that direct discussion
between the staff member(s) and their supervisor would not be appropriate, the
staff member(s) shall notify the manager.
The manager will attempt to resolve the matter.
(iv) If the matter
remains unresolved, the staff member(s) and/or their representative will take
the matter to the Board who will attempt to solve the matter.
(v) If the dispute
remains unresolved the Board and the Association agree that it may be referred
to an appropriate independent arbitrator or mediator (this includes the
Industrial Relations Commission).
(vi) Nothing
contained in these procedures will preclude the Board and the Association from
entering into direct negotiations on any matter.
(vii) Each stage is
to be handed expeditiously.
(viii) Whilst these
procedures or negotiations are continuing, no stoppage of work or any other
form of limitation of work shall be applied.
(ix) The Board and
the Association reserve the right to vary this procedure where it is considered
that a safety factor is involved.
37. Uniforms
Staff issued with a uniform by the Board shall, at all times
when wearing such uniform, wear and maintain the uniform in accordance with the
Board’s policy.
38. Enterprise
Arrangements
Future pay increases based on productivity improvements will
be considered by the Board with regard to achievement of productivity
improvements including, but not limited to the following:
Decreases in absenteeism associated with sick leave
Decreases in time lost through work related injuries and the
number of worker’s compensation claims
Compliance with Occupational Health and Safety Policies and
Instructions
Compliance with instructions relating to the timeframes for
the submission of leaves applications
39.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity and age.
(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.
(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.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti‑ discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti‑Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(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.
(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 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".
40. Area, Incidence
And Duration
This Award applies to staff as defined in clause 1
Definitions, of Part A of this award.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
replaces the Crown Employees (Lord Howe Island Board Salaries and Conditions
1999) Award published 12 May 2000 (315 I.G. 689).
The award published 12 May 2000 took effect from the first
pay period to commence on or after 19 October 1999 and remained in force
thereafter for a period of 24 months.
The Award and variations thereof incorporated herein are set out in the
attached Schedule A.
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 pf the Principles for Review made by
the Industrial Relations Commission of New South Wales on 18 December 1998 (308
I.G. 307) are set out in the attached Schedule B and take effect on and from 29
May 2001.
The salary rates in Table 1 of Part B Monetary Matters are
set in accordance with the Crown Employees (Public Sector - Salaries January
2000) Award and any variation or replacement award.
SCHEDULE A
Award and Variations Incorporated
|
Clause
|
Award/Variation
Serial No.
|
Date of Publication
|
Date of taking
Effect
|
Industrial Gazette
|
|
|
|
|
|
Vol.
|
Page
|
|
Crown Employees (Lord Howe Island Board Salaries and
Conditions 1999) Award
|
B8885
|
12.5.00
|
First pay period from 19 October 1999
|
315
|
689
|
SCHEDULE B
Changes Made On Review
(1) Provisions
Removed
|
Award
|
Clause
|
Previous Form of
Clause Last Published at
|
Comment
|
|
|
|
IG Vol
|
Page
|
|
|
Crown Employees (Lord Howe Island Board Salaries and
Conditions 1999) Award
|
3 (iii) Transitional Arrangements
|
315
|
706
|
Deleted - No longer
relevant
|
|
Crown Employees (Lord Howe Island Board Salaries and
Conditions 1999) Award
|
7 (ii) (b) Disability Allowance
|
315
|
691
|
Deleted- This related
to a personal allowance which is no longer applicable
|
|
Crown Employees (Lord Howe Island Board Salaries and
Conditions 1999) Award
|
37 Savings of Rights
|
315
|
704
|
Deleted - No longer
necessary. LHIB are now covered under the Crown Employees 2000 Salaries Award
|
(2) New Provisions
|
Award
|
Clause
|
Comment
|
|
Crown Employees (Lord Howe Island Board Salaries and
Conditions 1999) Award
|
39 Anti-Discrimination
|
New subclauses 5(a) & (b) inserted for completeness as
required by the State Wage Case 1999 decision of the Full Bench of IRC of
NSW, dated 3 June 1999 (IRC 1915 of 1999)
|
(3) Provision Amended
|
Award
|
Clause
|
Comment
|
|
Crown Employees (Lord Howe Island Board Salaries and Conditions
1999) Award
|
1.Definitions
"Association"
|
Amended to include "and Professional Officers
Association Amalgamated Union"
|
|
As above
|
3. Salaries (i)
|
"Annexure 1" replaced with "Table 1 of Part
B Monetary Rates"
|
|
As above
|
3.Salaries (ii)
|
Amended to include "and Island disability
allowance"
|
|
As above
|
6. Island Disability Allowance
|
"$1500 per year" replaced with "as set out
in Table 2 of Part B"
|
|
Awards
|
Clause
|
Comments
|
|
Crown Employees (Lord Howe Island Board Salaries and
Conditions1999) Award
|
19. Annual Leave
|
Para (i ) "per year" replaced with per annum
Paras (iii), (iv) and (v) replaced with sub clauses (b)
and (c) of Clause 81 of the Crown Employees (Public Service Conditions of
Employment) Award 1997 in order to bring the Lord Howe Award into line with
the Crown Employees Conditions of Employment Award (PSMO Circular 98-10
refers)
|
|
As above
|
26. Maternity
Leave
|
At (i) delete the words "excluding casual staff
" to reflect amendment in the Industrial
Relations Amendment Act 2000 Act staff
|
|
As above
|
27. Parental Leave
|
"Paternity Leave" changed to Parental Leave.
|
|
As above
|
27 Parental Leave (i)
|
"Paternity" changed to Parental
|
|
As above
|
33.Casual Employment (i) and (ii)
|
Delete " in lieu of leave" replace with "as
pro rata holiday pay’’
|
|
As above
|
38.Enterprise Arrangements
|
The opening paragraph to be amended to read "The
parties are committed to productivity improvements including but not limited
to the following":
|
|
As above
|
40 Area, Incidence and Duration
|
This clause added to include the following sentence "
The salary rates in Table 1 of Part B Monetary Rates are set in accordance
with the Crown Employees (Public Sector -Salaries January 2000) Award and any
variation or replicating award.
|
PART B
MONETARY RATES
Table 1 - Salaries
The following salaries applied from 1 January 2001
|
Classification
|
Grade
|
Year
|
Rate per year $
|
|
LHIB Officer
|
1
|
1
2
3
|
29,889
31,223
31,994
|
|
LHIB Officer
|
2
|
1
2
3
|
32,848
33,173
34,609
|
|
LHIB Officer
|
3
|
1
2
3
|
35,189
36,179
37,376
|
|
LHIB Officer
|
4
|
1
2
3
|
38,463
40,289
41,832
|
|
LHIB Officer
|
5
|
1
2
3
|
42,722
43,943
46,493
|
|
LHIB Officer
|
5A
|
1
2
3
4
5
6
|
46,493
47,856
53,679
55,850
57,575
59,486
|
|
LHIB Officer
|
6
|
1
2
3
|
47,856
53,679
55,850
|
|
LHIB Officer
|
7
|
1
2
3
|
57,575
59,486
63,288
|
|
LHIB Officer
|
8
|
1
2
3
|
65,125
68,275
71,105
|
|
LHIB Senior Officer
|
1
|
1
2
|
78,603
82,001
|
Table 2 - ALLOWANCES
|
Clause No.
|
Brief Description
|
Amount
|
|
6 (ii)
|
Island Disability Allowance
|
$1500 per year
|
|
8 (ii) (a)
|
Call - Out Allowance
|
$1800 per year
|
|
10 (i)
|
Boot Allowance
(Hiking Boots)
|
$130 upon condemnation of the previous pair of boots
|
|
10 (ii)
|
Boot Allowance
(Tree Climbing Boots)
|
$25 upon condemnation
of the previous pair of boots
|
|
11
|
Special Duties Allowance
|
$25 per day
|
|
32
|
Relocated Staff
|
Up to $100,000
|
R. W. HARRISON, D.P.
____________________
Printed by the authority of the Industrial Registrar.