Professional
Engineers (Roads and Traffic Authority Division of the Government Service of
New South Wales - Salaries) Award 2011
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Association of Professional Engineers, Scientists and Managers, Australia (NSW
Branch), Industrial Organisation of Employees.
(No. IRC 1460 of 2011)
|
Before Commissioner
Ritchie
|
23 September 2011
|
AWARD
Part A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Parties
and Application
2.1 Parties
2.2 Application
2.3 Incidence and Duration
2.4 Salary Increases
3. Definitions
4. Terms of
Employment
4.1 Basis of Employment
4.2 Full-Time
4.3 Part-Time
4.4 Casual
4.5 Temporary Employment
4.6 Probation
4.7 Resignation
4.8 Method of Payment
5. Rates of
Pay
5.1 Rates of Pay
5.2 Increments
5.3 Appeals in Respect of Salary Grade or Classification
5.4 Specialist Engineers
6. Recognition
of Professional Engineering Skills
7. Arrangement
of Hours and Loadings
7.1 General
7.2 Recording Hours
7.3 Hours for Full-Time Staff
7.3.1 Standard Hours Arrangement
7.3.2 Flexitime
(b) Settlement Period
(c) Banked Days
(e) Debit of Hours
7.3.3 Other Approved Leave During Core Time
7.4 Hours and Loadings for Part-Time and Casual Staff
7.4.1 Part-time Staff
7.4.2 Casual Staff
8. Tele-Working
8.1 Tele-working Arrangements
8.1.1 Conditions for Tele-working Arrangements
8.1.2 Commencing or Varying Tele-working Arrangements
9. Shift Work
9.1 General
9.1.1 Arrangement of Shift Hours
9.1.2 Payment for Shift Work
9.1.3 Shift Rosters
9.1.4 Temporary Night Shift Work
9.1.5 Meal Breaks on Shift Work
9.1.6 Overtime On Shift Work
10. Overtime
10.1 General
10.2 Payment for Overtime
10.3 Overtime for Part-Time Staff and Casual Staff
10.3.1 Overtime for Part-Time Staff
10.3.2 Overtime for Casual Staff
10.4 Leave in Lieu of Overtime Payment
10.5 Meal Break on Overtime
10.6 Minimum Rest Period
10.7 Call-Out / Call-Back
11. Travelling
Compensation
11.1 Travel On Official Business
11.2 Travel Compensation
11.2.1 Fares
11.2.2 Travelling Time
11.2.3 Payment for Travelling and Waiting Time
12. Leave
12.1 General
12.2 Accrual of Leave
12.3 Taking of Leave
12.4 Leave Entitlements for Part-Time, Limited Duration and Casual
Staff
12.5 Transfer of Entitlements with NSW Government Departments
12.6 Annual Leave
12.6.1 Rate of Accrual
12.6.2 Payment for Annual Leave
12.6.3 Payment of Leave Upon Cessation of Employment
12.6.4 Sick Leave While on Annual Leave
12.7 Extended Leave (Long Service Leave)
12.7.1 Extended Leave Entitlements
12.7.2 Extended Leave Entitlements
12.7.3 Effect of Approved Leave Without Pay (LWOP) on Extended Leave
Entitlements.
12.7.4 Payment and Taking of Extended Leave.
12.7.5 Sick Leave While on Extended Leave
12.7.6 Public Holidays While on Extended Leave
12.7.7 Payment or Transfer of Extended Leave on Termination
12.8 Leave Without Pay
12.8.1 Approved Leave Without Pay
12.8.2 Unauthorised Leave Without Pay
12.9 Sick Leave
12.9.1 Sick Leave General
12.9.2 Direction to Take Sick Leave
12.9.3 Accrued Entitlements
12.9.4 Absence Management Program
12.9.5 Special Sick Leave
12.9.6 Additional Sick Leave for Staff with War-Caused Disabilities Leave
12.10 Maternity Leave
12.10.1 General
12.10.2 Paid Maternity Leave
12.10.3 Unpaid Maternity Leave
12.11 Adoption leave
12.11.1 General
12.11.2 Paid Adoption Leave
12.11.3 Unpaid Adoption Leave
12.12 Parental Leave
12.12.1 General
12.12.2 Taking of Parental Leave
12.13 Communication during Maternity, Adoption and Parental Leave
12.14 Rights of Request During Maternity, Adoption or Parental Leave
12.15 Subsequent period of Paid Maternity or Paid Adoption Leave
12.16 Resumption Of Work After Maternity, Adoption or Parental Leave
12.17 Family and Community Service Leave
12.17.1 General
12.17.2 Entitlement to Family and Community
Service Leave
12.17.3 Casual employee entitlements to unpaid
bereavement leave
12.18 Carer’s Leave
12.18.1 General
12.18.2 Taking of Carer’s Leave
12.18.3 Category of Persons Who Can Obtain
Carer’s Leave
12.18.4 Personal Carer’s Leave Entitlement for
Casual Employees
12.19 Special Leave
12.19.1 General
12.19.2 Granting of Special Leave
12.20 Study Leave
12.21 Examination Leave
12.22 Military Leave
12.22.1 General
12.22.2 Entitlements
12.23 Observance of Essential Religious or Cultural Obligations
13. Allowances
13.1 Calculation of Allowances
13.2 Meal Allowance and Meal Break While Travelling
13.2.1 Meal allowance and Break while travelling
13.2.2 Meal allowance on overtime
13.3 Travelling and Lodging Allowance
13.3.1 General
13.3.2 Lodging in RTA-Provided Accommodation
13.3.3 Lodging Away from Headquarters for One Week or More, Within a
Reasonable Distance from Headquarters
13.3.4 Lodging Away from Headquarters for One Week or More, Not Within a
Reasonable Travelling Distance from Headquarters
13.4 Use of Private Motor Vehicle
13.4.1 General
13.4.2 Rates, Allowances and Expenses
13.4.3 Private Use of RTA vehicles
13.5 Conditions and Allowances on Transfer
13.5.1 General
13.5.2 Travelling and Accommodation Allowance
13.5.3 Sale and Purchase of Home When Transferred
13.5.4 Reimbursement of Conveyancing and Other Costs
13.5.5 Telephone Connection
13.5.6 Arrangement of Accommodation in Advance
13.5.7 Weekly Allowance for Increased Rental Costs
13.5.8 School Costs for Dependant Children
13.5.9 Transfer of Household Furniture and Effects
13.5.10 Transfer of Dependants
13.5.11 Special Leave for Transferred Staff
13.6 Removal expenses on Retirement, Redundancy or Death
13.7 Remote Areas Allowance
13.8 Fares Subsidy - Remote Areas
13.9 On-Call Allowance
13.10 Disturbance Allowance
13.11 Relieving in a Higher Grade
13.11.1 Higher Duties Allowance
13.11.2 Higher Duties Allowance - Part-Time
Arrangements
13.11.3 Incremental Progression
14. Trade Union
Activities and Union Membership Fees
14.1 General
14.2 APESMA Delegate - Release from Work
14.3 APESMA Delegate - on Duty Activities
14.4 APESMA Delegate - Special Leave Activities
14.5 APESMA Delegate - Travelling and Other Costs
14.6 Loan of Services
14.7 Trade Union Training Courses
14.8 Deduction Of Union Membership Fees
15. Clothing
15.1 Protective Clothing
16. Professional
Development
16.1 Professional Development Opportunities
16.2 Professional Development
17. Salary
Sacrifice Arrangements
17.1 General
18. Public and
Public Service Holidays
18.1 Public Holidays
18.2 Public Service Holiday
18.3 Local Public Holidays
18.4 Entitlements For Part-Time Staff
19. Dispute
Settlement and Grievance Procedures
19.1 General
19.2 Dispute Settlement
19.2.1 Procedure
19.3 Grievance Procedure
20. Anti-Discrimination
20.1 General
21. Occupational
Health and Safety
21.1 General
22. Secure
Employment
22.1 General
22.2 Casual Conversion
22.3 Occupational Health and Safety
22.4 Disputes Regarding the Application of this Clause
22.5 Application
23. No Extra
Claims
24. Negotiation
of Next Award
PART B
Table A - Other
Allowances
Appendix A
Calculation of
Overnight Expenses
Appendix B
Professional
Engineers Salary Scale
Appendix C
Grievance Resolution
2. Parties and
Application
2.1 Parties
(a) The parties to
this award are:
(i) the Roads and
Traffic Authority Division of the Government Service of NSW (RTA), and
(ii) the
Association of Professional Engineers, Scientists and Managers, Australia
(APESMA).
2.2 Application
(a) This award
applies to all Professional Engineers and Graduate Engineers employed by the
RTA who are engaged in the performance of Professional Engineering Duties
(whether members of APESMA or not).
(b) This award shall
also apply to Cadets employed by the RTA (whether members of APESMA or not).
2.3 Incidence and
Duration
(a) This award
replaces the Professional Engineers (Roads and Traffic Authority Division of
the Government Service of New South Wales- Salaries) Award 2008 published 29
May 2009 (368 I.G. 159).
(b) This award will
operate from 1 July 2011 and will remain in force until 30 June 2012.
2.4 Salary Increases
(a) Professional
Engineers, Cadets and Graduate Engineers covered by this Award will be paid:
(i) a 2.5% increase
in salaries payable from the first full pay period to commence on or after 1
July 2011.
(b) The increases in
salaries are set out in Appendix B - Professional Engineers Salary Scale.
(c) For all staff,
the annual leave loading is included in the salary rates shown in Appendix B.
(d) In addition to
the salaries for Cadets shown in Appendix B, cadets are entitled to living
allowances or accommodation expenses as determined from time to time.
3. Definitions
1. APESMA - means
the Association of Professional Engineers, Scientists and Managers, Australia
and its members.
2. Cadet - means a
person completing a four year engineering degree course, (or equivalent), at a
recognised Australian University.
3. Call-out/Call-back
- means a call or direction to return to work to attend to an emergency or
breakdown.
4. Casual - means
a person who is employed and paid by the hour with no guaranteed hours of work
and whose employment terminates at the end of each engagement, as specified by
clause 4.4.
5. Continuous
shift work - means a pattern of work designed to cover the business operations
with consecutive shifts of employees throughout 24 hours per day, for a period
of at least six consecutive days without interruption, except during
breakdowns, meal breaks or owing to unavoidable causes beyond the RTA’s
control.
6 Hours of work -
means the ordinary hours staff are required to work.
7. Crib break -
means a paid meal break, which is treated as time worked, where staff remain
available to carry out duties.
8. Dispute - means
a complaint or difficulty, which affects more than one staff member. A dispute may relate to a change in the
working conditions of Professional Engineers, Graduates or Cadets that is
perceived to have negative implications.
9. Extended leave
- means paid leave to which staff may be entitled under clause 12.7 and
Schedule 5 of the Transport Administration Act, 1988. Also known as long
service leave.
10. Flexitime -
means a flexible system of arranging working hours that includes the ability
for staff to accrue and take flex leave in accordance with this Award and the
RTA’s Hours of Work Including Flexible Working Hours Policy.
11. Graduate
Engineer - means a Professional Engineer who is participating in the RTA
Graduate Recruitment and Development Program (or equivalent).
12. Grievance -
means a personal concern or problem, which relates to work or the work
environment.
13. Headquarters -
means the centre to which staff are attached for administrative purposes or
from which staff regularly operate, usually specified in the letter of
appointment to the RTA.
14. Letter of
appointment - means the letter sent to staff by the RTA offering them
employment.
15. Local public
holiday - means a gazetted holiday, which only applies to a particular locality
and not throughout the State.
16. Long service
leave - see Extended leave.
17. Official
Business rate - means the rate staff are paid for using a private vehicle on
official RTA business when:
no RTA vehicle is available; or
no hire car is available;
no public or other transport is available; or
staff are unable to use public or other transport
because of a disability; or
staff are requested to use the vehicle and agree to do
so;
staff are required to do so as specified by subclause
13.5.10 Transfer of Dependants, or when the RTA approves use of a private vehicle
when other forms of transport are available for travel to a temporary work
location.
18. On-call - means
a direction to be available outside ordinary hours to provide a response to an
emergency/breakdown.
19. Ordinary rate of
pay - means the base rate staff are paid on an hourly basis, according to their
hours of work and their annual salary.
20. Overtime - means
time which staff work outside their ordinary hours as per clause 10.
21. Part-time -
Staff who are employed on a part-time basis have hours of work that are less
than those of full-time staff.
22. Permanent
residence - where a staff member lives.
23. Professional
Engineer - means a staff member qualified to carry out professional engineering
duties.
24. Professional
Engineering
Duties - means duties, any portion of which, are
required to be carried out by staff who have qualifications as (or at least
equal to those of) a graduate member of Engineers Australia.
25. RTA - means the
Roads and Traffic Authority Division of the Government Services of New South
Wales as established by Chapter 1A of the Public Sector Employment and
Management Act 2002 (NSW).
26. Shift loading -
means a payment for working shifts other than day shift, as specified in clause
9.1.2, to compensate for the inconvenience of hours worked.
27. Shift work -
means a pattern of work in which the ordinary hours may be performed outside
standard hours, as per clause 7.3.1.
28. Staff - means
Professional Engineers, Engineering Graduates and Cadets employed under this award
in accordance with clause 2.2.
29. Tele-working -
Tele-working means a flexible working arrangement where staff work for part of
the time from an alternative office location either at their home, a
tele-centre, another RTA office, a mobile office or a combination of these
alternatives.
30. Temporary
employment staff - means staff employed for a specific period of time or
project.
31. Temporary work
location means - the place where staff temporarily perform RTA work if required
to work away from their headquarters.
32. Time Credit - is
the amount of time worked in a settlement period that exceeds the ordinary
hours of work, under a flexitime arrangement.
33. Workers
Compensation Leave - means a leave entitlement that arises from the Workers
Compensation Act 1987 (NSW).
4. Terms of
Employment
4.1 Basis of
Employment
Staff are employed on either a full-time, part-time,
casual or temporary employment basis, as notified in the letter of appointment.
4.2 Full-Time
If staff are employed on a full-time basis, their hours
of work are 35 hours per week.
4.3 Part-Time
(a) If staff are
employed on a part-time basis, their hours of work are less than those of
full-time staff in their classification.
(b) Unless specified
elsewhere in this Award, part-time staff accrue entitlements in this Award on a
pro-rata basis, based on the number of hours worked.
(c) In addition to
subclauses 12.10, Maternity Leave to 12.16, Resumption of Work After Maternity,
Adoption or Parental Leave and subject to operational requirements, staff may
elect to change from full-time to part-time work to manage their work-life
balance. This will enable staff to
manage family and carer’s responsibilities, or choose to reduce the number of
hours worked as they approach retirement. The shift from full-time to part-time
will be managed in accordance with applicable policy. Requests to work
part-time will not, however, be unreasonably refused.
4.4 Casual
Staff may be employed on a casual basis:
(a) to carry out
work that is irregular or intermittent, or
(b) to carry out
work on a short-term basis, or
(c) to carry out
urgent work or to deal with an emergency; and
(d) must possess the
qualifications required of a permanent staff member in the same classification.
4.5 Temporary Employment
Staff employed on a temporary employment basis are:
(a) entitled to the
same conditions as full-time or part-time staff, and
(b) employed for a
specific period, not less than 3 months and not more than 3 years, or
(c) employed for the
duration of a project,
as specified by letter of appointment.
4.6 Probation
(a) All new staff
members are subject to a period of probation of three months unless they are
employed in a position which, due to the nature of the work or compulsory
training, has a probation period of six months.
(b) The letter of
appointment states the probation period.
(c) In order to gain
appointment to a permanent position, work performance and conduct must be
satisfactory during the probationary period.
(d) In certain
circumstances a probationary period may, prior to its expiry, be annulled, or
extended for up to a maximum of 3 months.
4.7 Resignation
Staff may terminate their employment at any time by
giving the RTA a minimum of two week’s notice.
4.8 Method of
Payment
A staff member’s salary will be paid fortnightly into
their nominated financial account.
5. Rates of Pay
5.1 Rates of Pay
Rates of pay are contained in Appendix B.
5.2 Increments
(a) Subject to this
clause, full-time and part-time staff are entitled to an incremental increase
in their salary when they have received that salary for a period of twelve
months, up to the top step of the salary scale for their position.
(b) Regular casual
staff are entitled to an increment where they have worked the equivalent of 12
months worked by a full-time staff member in the same position.
(c) Staff are not
entitled to the increment in clause 5.2(a) if:
(i) their conduct
and work performance, including attendance, is unsatisfactory or the staff
member is subject to disciplinary proceedings or formal management for
unsatisfactory performance or conduct;
(ii) they are being
promoted from one classification to another; or
(iii) the salary
scale for a position is stetted as the year 1 or year 2 rate of pay in the
grade.
(d) An increment may
be withheld, or a salary may be reduced in any case where, on account of a
staff member’s inefficiency or misconduct in an official capacity, the RTA is
of the opinion that such increments should not be paid or should be reduced.
(e) The RTA will
provide staff with a statement in writing detailing the reason for withholding
the increment within 30 days of the reduction taking effect or of the increment
becoming due. The provisions of clause 5.3 will then apply.
(f) Periods of
leave without pay where the total period of absence in any one year exceeds
five days will not count as service for increment purposes.
5.3 Appeals in
Respect of Salary Grade or Classification
(a) Staff have the
right to apply to the RTA through their branch or section manager for a salary
increase, or for an alteration in the grade or classification to which they are
appointed.
(b) If a staff
member is dissatisfied with a decision or determination of the RTA in respect
of;
(i) the salary,
grade or classification; or
(ii) any other
matter of the nature referred to in Part 7 of the Industrial Relations Act
1996 (NSW),
the staff member may forward a notice of appeal to the
RTA within 30 days of being advised of such a decision or determination if they
do not exercise their right before the NSW Industrial Relations Commission. The
RTA will hear and determine the appeal and will allow the staff member, if so
desired, to attend and to present a case personally or through a
representative.
(c) Nothing in this
clause shall preclude the reference of matters to the NSW Industrial Relations
Commission.
5.4 Specialist
Engineers
(a) Professional
Engineers from any field of professional engineering may gain personal
promotion to any Engineer level up to and including Level 6 Engineer, as
specialist engineers whilst still occupying a position graded at a lower
level. Professional Engineers at Level
6 may receive an allowance, in lieu of a personal promotion, as specialist
engineers whilst still occupying a position graded as Level 6.
(b) Progression to a
higher personal Level salary for Professional Engineers must be recommended by
the majority of the Specialist Engineer Accreditation Committee. The Professional Engineer must submit a case
to the committee which indicates that the Professional Engineer has specific
attributes of a significant nature which would be relevant and beneficial to
the RTA’s functions.
(c) Relevant
criteria which would be examined by the committee include:
(i) Holding a
degree at or above the level of Master of Engineering Science or Master of
Science in a relevant specialist or technical area from a recognised Australian
University (or overseas equivalent), not being a Master of Business or Public
Administration; or
(ii) Holding a
specialist graduate diploma in a field related to the work of the professional
engineer in the RTA, not being a graduate diploma in management or a business
administration diploma; or
(iii) Having shown
originality or made high level contributions or attained reputation or standing
in the engineer’s specialist field of work.
(iv) The Specialist
Engineer Accreditation Committee will consist of a representative of the RTA,
APESMA and a mutually acceptable independent expert in the specialist field
under consideration.
(d) If a staff
member is dissatisfied with the recommendation of the Specialist Engineer
Accreditation Committee, the staff member may appeal to their Director who will
review the decision in conjunction with the General Manager, Human Resource
Strategy.
6. Recognition of
Professional Engineering Skills
(a) The importance
of the contribution of Professional Engineers to the RTA is recognised by this
award.
(b) A staff member
with the qualifications of a Professional Engineer working in a position that
requires those skills or qualifications may apply to be recognised as a
Professional Engineer under this award.
Recognition is available in accordance with the RTA policy on the
Recognition of Professional Engineers.
Applications will not be unreasonably refused.
(c) The Recognition
of Professional Engineers Policy will not be amended without the agreement of
APESMA.
7. Arrangement of
Hours and Loadings
7.1 General
(a) Hours of work
for staff are outlined in this clause.
(b) These conditions
apply unless the staff member is employed as a shift worker, either part-time
or full-time. If so, the working arrangements are set out at clause 9.
7.2 Recording Hours
Staff are required to record their hours worked on an
RTA time sheet.
7.3 Hours for Full-Time
Staff
The ordinary hours of work are 35 hours per week. The RTA and staff may agree to work either a
standard hours arrangement or a flexitime arrangement. The RTA may direct staff to work a standard
hours arrangement in exceptional circumstances.
7.3.1 Standard Hours
Arrangement
(a) A standard hours
arrangement involves seven hours per day and 35 hours per week (worked over a
five day period, Monday to Friday) with a designated start and finish time,
between 8:30 am and 4:30 pm.
(b) The same number
of daily hours referred to in clause 7.3.1(a) may be worked at any time between
7.30am and 6.00pm if RTA approval of the variation in the bandwidth has been
given and APESMA concur with the variation.
Proposals to vary the bandwidth must be forwarded to the Industrial
Relations Section for negotiation with APESMA prior to the staff member
commencing the varied hours.
(c) Staff working
under the standard hours arrangement must not work more than five hours without
a one-hour meal break, taken between noon and 2pm unless local arrangements are
made in advance, based on a staff member’s personal needs or operational
needs. In this case, staff and
management may agree to reduce the meal break to a minimum of 30 minutes.
7.3.2 Flexitime
(a) Staff who have
approval to work flexitime do so subject to the RTA’s Flexible Working Hours
Policy and the following conditions:
(i) Staff may work
to accumulate and take a maximum number of 13 full flex leave days during a
calendar year (12 months).
(ii) Except as per
subclause 7.3.2 c), staff may take one full day of flex leave or two half days
during each settlement period.
(iii) A full flex
leave day for a full-time staff member is 7 hours. For part-time staff a full
flex leave day is the number of hours the staff member normally works on the
day that flexitime leave is taken.
These hours must be accrued as Time Credit (worked in addition to the
staff member’s usual hours of work) over the settlement period.
(iv) Staff must work
their hours of work within the bandwidth of 7.30am to 6.00pm,
(v) Staff are
required to work during the core time between 9.30am to 3.30pm,
(vi) All time worked
during bandwidth within the settlement period (except paid overtime and meal
breaks) will count towards Time Credit.
(vii) Staff must take
a lunch break of at least 30 minutes and not more than two hours and 30
minutes, between 11.45am and 2.15pm
(viii) Staff may take
flex leave even though this may result in a debit balance.
(ix) Staff who take
a half day flex leave must work a minimum of three and a half hours on that
day.
(x) Staff may take a
half day flex leave in combination with other types of approved leave, provided
that the total approved leave for a day equals the standard daily hours
applicable to the staff member’s classification.
(xi) Staff may take
flex leave in combination with other types of approved leave.
(b) Settlement
Period
There is a 4-week settlement period during which staff
must work their hours of work. The RTA
determines the commencing and finishing dates of the settlement period.
(c) Banked Days
(i) For the
avoidance of doubt, the maximum number of flex days that may be taken or banked
each calendar year is a total of 13 days.
(Note: there are 13 settlement periods in each calendar year.)
(ii) Each staff
member shall be entitled to bank up to four untaken flex days in a calendar
year. Subject to approval, the staff
member can take up to four banked days plus the current settlement period’s
flex day, to take a maximum of five consecutive working days off at an
appropriate time.
(iii) All banked
days that are not taken by 31 January each year shall be forfeited.
(iv) Notwithstanding
the above, staff who work on Alliances or major projects shall be entitled to
bank flex days during the project to be taken at the conclusion of the project
or at set times during the project.
Such leave arrangements shall be approved by the relevant Branch Manager
prior to the commencement of the Alliance /major project.
(v) Where a staff
member has accrued 40 days annual leave, unless otherwise authorised by the
staff member’s manager, flex leave shall only be taken where annual leave has
been applied for and approved. If,
however, annual leave has been applied for and declined, the staff member shall
be entitled to access flex leave in accordance with the normal approval
process.
(d) Untaken Flex
Leave
(i) A maximum
credit of ten hours, in addition to flex days already banked as per 7.3.2(c) is
allowed for each four-weekly settlement period.
(ii) Time in excess
of ten hours (excluding flex days already banked as per 7.3.2(c)) at the
conclusion of the settlement period will be forfeited.
(e) Debit of Hours
Staff who work fewer hours than their hours of work
during the settlement period can carry over a maximum of 10 hours debit to the
next settlement period. Staff who are
in debit more than 10 hours at the end of the settlement period must apply for
leave for the time in excess of the ten hours.
7.3.3 Other Approved
Leave During Core Time
(a) Staff who need
to be absent during core time must apply and obtain approval for leave before
the time they intend to be absent on leave.
(b) The timing of
taking leave is at the discretion of the RTA.
(c) Staff must
cooperate with management to organise the best time to take leave and a request
to take leave must be made with reasonable notice.
(d) The minimum
period of leave which can be taken during core time is one hour.
(e) Where part day
leave is taken, the total of approved leave must, as a minimum, cover the core
hours for that day.
7.4 Hours and
Loadings for Part-Time and Casual Staff
7.4.1 Part-time Staff
(a) Part-time staff
must work a minimum of three hours per day.
(b) The pattern of
hours or days per cycle for part-time staff are set out in the letter of
appointment and may be varied by written agreement between the staff member and
his or her line manager.
(c) Part-time staff
who work in excess of their usual daily hours will be paid at the ordinary rate
of pay plus a loading of 1/12th in lieu of accrual of annual leave, up to a
maximum which is equal to the daily hours of full-time staff in the relevant
classification.
(d) Part-time staff
may work, with approval of a line manager, under a flexitime arrangement as set
out at clause 7.3.2.
(e) The entitlements
for part-time staff accrue on a pro-rata basis.
7.4.2 Casual Staff
(a) Casual staff are
employed on an hourly basis for a minimum of three hours per engagement.
(b) Casual staff who
work less than three hours per engagement are paid for three hours.
(c) Casual staff are
paid at the ordinary hourly rate applicable to the first year of the base grade
of their classification.
(d) Casual staff are
paid a loading of 17% of the ordinary rate of pay to compensate for the
irregular nature of their engagement and because casual staff are not entitled
to be paid for public holidays and other paid leave, except extended leave.
8. Tele-Working
8.1 Tele-working
Arrangements
Tele-working arrangements are available to staff to
work from an alternative office location either occasionally or on a regular
basis or under special circumstances.
8.1.1 Conditions for
Tele-working Arrangements
Tele-working arrangements are available to staff
provided the following conditions are met:
(a) RTA policies
regarding tele-working and flexible work arrangements are complied with;
(b) Work can be
completed efficiently and productively; and
(c) Customer service
delivery is maintained.
8.1.2 Commencing or
Varying Tele-working Arrangements
(a) Arrangements to
tele-work between a staff member and their manager must be voluntary and
mutually convenient.
(b) A tele-working
arrangement can be varied by mutual consent between the staff member and their
manager at any time or be terminated where it no longer meets the conditions
set out in the Tele-working Policy, the Tele-Working Agreement or the RTA’s
business needs.
(c) A request to
commence a tele-working arrangement will not be unreasonably refused. If a
staff member believes a request has been unreasonably refused they may raise a
grievance under the Grievance Resolution Policy and Guidelines.
9. Shift Work
9.1 General
If a staff member is directed by RTA management to work
shift work, the following provisions apply.
9.1.1 Arrangement of
Shift Hours
(a) Early morning
shift is a shift commencing between 4.00am and 6.00am, Monday to Friday.
(b) Day shift is a
shift worked between 7.00 am and 5.00pm Monday to Friday.
(c) Afternoon shift
is a shift commencing at or after 12 noon Monday to Friday.
(d) Night shift is a
shift commencing at or after 4.00pm and finishing at or before 4.00am, Monday
to Friday.
9.1.2 Payment for Shift
Work
(a) Payment for
shift work is at the following rates:
(i) for an early
morning shift, the ordinary rate of pay plus 12½%,
(ii) for a day
shift, the ordinary rate of pay,
(iii) for an
afternoon shift, the ordinary rate of pay plus 12½%,
(iv) for a night
shift, the ordinary rate of pay plus 15%,
(v) for a Saturday,
the ordinary rate of pay plus 50%,
(vi) for a Sunday,
the ordinary rate of pay plus 100%, and
(vii) for a public
holiday, the ordinary rate of pay plus 150%.
(b) Staff who work a
shift on their rostered day off will be paid at the overtime rates as set out
at clause 9.1.6 provided that the shift arrangement has been at the direction
of the RTA and not due to the staff member’s own actions (for example in
arranging a shift swap).
(c) Staff who work a
six or seven-day shift cycle and are rostered off on a public holiday, will be:
(i) credited with a
day’s annual leave, or
(ii) paid, at the
ordinary rate of pay, for the public holiday.
9.1.3 Shift Rosters
(a) The RTA may
roster staff to work shifts on a rotating basis.
(b) The ordinary
rostered working hours for shift work is not to exceed the hours worked daily
or weekly by non-shift workers in the same classification who work Monday to
Friday.
(c) Where
practicable, staff will be given seven days notice of the shifts to be worked.
(d) Staff shall not
be required to be on duty for more than 16 consecutive hours. After being on duty for 16 consecutive
hours, staff shall take a rest break of at least four consecutive hours. Where staff are directed to resume work
without having had a rest break of eight consecutive hours, they will be paid
for all hours worked, until the staff member is released from work for eight
consecutive hours at the rate of double ordinary time or double time and a half
on a public holiday. Any rostered
working time occurring during such absence shall be paid for at the ordinary
shift rates.
(e) Staff who are
rostered to work rotating shifts:
(i) must not be
rostered to work for more than five consecutive shifts in seven consecutive
days,
(ii) the roster
rotates weekly and runs from either Monday to Friday or Sunday to Thursday,
(iii) where three
shifts per day are being worked, the order of rotation of shift is day, to
night, to afternoon, to day shift,
(iv) must not be
required to work more than two consecutive working weeks on afternoon and/or
night shift in any period of three working weeks, unless the staff member
requests this arrangement and the RTA agrees.
(f) Staff who are
required to work more than two consecutive working weeks on afternoon and/or
night shift in any period of three working weeks, other than for the reasons
outlined in (e) (iv) above, are to be paid time and a half for all ordinary
time worked on the afternoon and/or night shift, in excess of two consecutive
weeks, until the shifts are rotated.
9.1.4 Temporary Night
Shift Work
(a) Temporary shift work
is worked between Sunday to Thursday inclusive, or Monday to Friday inclusive.
(b) Arrangements for
temporary shift work must be by agreement with local management, provided that
the choice of shift patterns does not prevent the RTA from applying shift work
provisions to other staff.
(c) For the purpose
of this clause "temporary shift work" means shift work for up to 2
weeks.
(d) The following
loadings for ordinary shift hours apply, whether worked as a single shift or as
a combination of shifts:
|
Shift
|
Loading
|
|
|
|
|
Early morning
|
12.5%
|
|
Afternoon
|
25%
|
|
Night
|
50%
|
(e) If a normal
shift is worked between:
(i) Monday and
Friday, the Friday shift starts before and finishes after midnight Friday; or
(ii) Sunday and
Thursday, the Sunday shift starts before midnight Sunday.
(f) Staff who work
according to a temporary shift work arrangement on a Saturday, Sunday or Public
Holiday must be paid at overtime rates, provided that:
(i) Friday shifts
referred to in clause (e) are paid at ordinary shift rates; and
(ii) Sunday shifts
referred to in clause (e) are paid at ordinary shift rates after midnight
Sunday.
(g) Staff who work
in excess of the agreed ordinary temporary shift work hours on Sunday to
Thursday or Monday to Friday (excluding public holidays) must be paid
double-time.
(h) Staff who are
required to work temporary shift work must be given at least 48 hours notice.
If shift hours are changed, staff must be notified by the finishing time of
their previous shift.
(i) Staff must not
work more than one ordinary shift on any one day (eg. a day shift and a night
shift). If staff are required to work a second shift on a given day, the second
shift is paid as overtime.
(j) Staff who work
according to a temporary shift work arrangement of less than five consecutive
working days and this is:
(i) due to their
actions, will be paid normal shift rates; or
(ii) not due to
their actions, will be paid overtime rates.
(k) Public Holidays
are counted as single days worked and form part of the calculation towards the
completion of five consecutive days worked for the purpose of paragraph (j)
above.
(l) No staff member
who is employed during ordinary working hours shall be employed on afternoon or
night shifts except at overtime rates.
9.1.5 Meal Breaks on
Shift Work
(a) A meal break
must be a minimum of 30 minutes in duration.
(b) Except in an
emergency, staff must not work more than five hours without a meal break.
(c) A meal break
during a day shift is unpaid and does not count as time worked.
(d) A meal break
taken during an early morning, afternoon or nightshift is taken as part of
ordinary working hours and is to be paid for at the appropriate shift rate.
(e) Staff who are
given less than 24 hours notice of a change to a roster or are required to work
a shift on a rostered day off will be paid a meal allowance as specified in
item 1 of Table A.
(f) Staff who work
more than one and a half hours overtime after an afternoon or night shift will
be paid a meal break of 30 minutes, counted as time worked and calculated at
the overtime rate of pay.
(g) Staff who work
more than two hours overtime after their ordinary hours finishing time are
entitled to a meal break and a meal allowance as set out at Item 1 of Table A.
(h) During paid meal
breaks staff must remain available to carry out duties if required.
9.1.6 Overtime on Shift
Work
(a) Overtime will be
paid when the RTA directs staff to work more than the full time hours of work.
(b) Overtime
payments are calculated exclusive of any shift loadings and are based on the
staff member’s ordinary rate of pay.
(c) Each period of
overtime stands alone.
(d) Staff must not
be on duty for more than 16 consecutive hours.
(e) Overtime is paid
at the following rates:
(i) time and a half
for the first two hours and double time thereafter for overtime worked Monday
to Saturday;
(ii) double time
for overtime worked on a Sunday; and
(iii) double time
and a half for overtime worked on a public holiday.
(f) Staff who are
not rostered to work a shift on a Saturday, Sunday or public holiday and are
directed to work on such a day, must be paid a minimum of three hours’
overtime.
(g) Staff who work
more than one and a half hours overtime after an afternoon or night shift will
be paid a meal break of 30 minutes, counted as time worked and calculated at
the overtime rate of pay.
(h) Staff who work
more than two hours overtime after their ordinary hours finishing time are
entitled to a meal break and a meal allowance as set out at Item 1 of Table A.
10. Overtime
Shift workers should refer to clause 9.1.6 for overtime
on shift work.
10.1 General
(a) The RTA may
direct staff to work reasonable overtime at overtime rates.
(b) Staff may refuse
to work overtime in circumstances where the request is unreasonable having
regard to:
(i) health and
safety risks,
(ii) personal
circumstances including any family and carer responsibilities,
(iii) the needs of
the workplace,
(iv) the notice (if
any) given by the RTA of the overtime required to be worked and the staff
member’s intention to refuse it, and
(v) any other
relevant matter.
(c) All overtime
required to be worked shall be approved in advance by the relevant
manager. Overtime is work:
(i) before usual
starting times and after usual ceasing times if the staff member is working a
standard working hours arrangement, or
(ii) outside the
bandwidth if the staff member is working a flexible working hours arrangement,
or
(iii) outside of
rostered shift hours in any 24 hour period.
10.2 Payment for
Overtime
(a) There is no entitlement
to payment for overtime if:
(i) the staff
member is paid an allowance in lieu of overtime, or
(ii) prior approval
has not been given by a person who has the delegated authority to approve
overtime,
(iii) the period of
overtime worked is less than 15 minutes,
(b) For all staff,
payments for overtime are calculated on ordinary rates of pay subject to
subclause (d) and (e) of this clause.
(c) Payment for
overtime is at the rate of:
(i) time and a half
for the first two hours and double time thereafter for time worked Monday to
Saturday,
(ii) double time on
Sundays,
(iii) double time
and a half on public holidays.
(d) Staff at Level 3
and above must have approval to work overtime from the relevant manager
identified in the RTA’s Overtime Policy.
Any overtime approved will normally be calculated on the top step of
Engineer Level 2 unless the relevant manager authorises payment calculated on
the staff member’s substantive rate.
(e) Staff who are
directed to work overtime on a Saturday, Sunday or a public holiday must be
paid a minimum of three hours at overtime rates where the overtime is not at
the end of ordinary hours worked on a Saturday, Sunday or public holiday.
10.3 Overtime for
Part-Time Staff and Casual Staff
10.3.1 Overtime for Part-Time
Staff
(a) Part-time staff
who are directed to work by the RTA in excess of set and regular hours and up
to the maximum ordinary hours of a full-time staff member in the same
classification, are to be paid for excess hours at the ordinary rate per hour
plus a loading, in lieu of additional annual leave, of:
(i) 1/12th if the
staff member is entitled to four weeks’ annual leave, or
(ii) 5/47ths if the
staff member is entitled to five weeks’ annual leave.
(b) Part-time staff
who are directed by the RTA to work in excess of the maximum ordinary hours of
a full-time staff member in their relevant classification will be paid overtime
exclusive of loadings.
(c) For part-time
staff who are directed by the RTA to work flexible hours:
(i) work done within
the bandwidth accrues as flexi-time at ordinary rates, and
(ii) work done
outside the bandwidth is paid at the overtime rates applicable to full-time
staff in the relevant classification.
10.3.2 Overtime for
Casual Staff
Staff employed on a casual basis will be:
(a) paid overtime
for work which is directed to be done by the RTA in excess of the standard
daily hours applicable to full-time staff in the relevant classification, and
(b) paid at overtime
rates (as per clause 10.2 b) exclusive of loadings.
10.4 Leave in Lieu of
Overtime Payment
(a) Staff who work
overtime on a Saturday, Sunday or Public Holiday:
(i) may choose to
take up to one day leave in lieu of payment for all or part of their
entitlement in respect of each period of overtime worked,
(ii) must notify
their intention to choose leave in lieu of payment within two working days of
having worked the overtime. Such leave is calculated at the same rate that
would have applied to the payment of overtime,
(iii) will be paid
for the balance of any overtime not taken as leave in lieu.
(b) Staff who work
overtime on a Public Holiday may choose to have up to one day’s leave in lieu
of payment added to their annual leave accrual.
(c) Staff who choose
to take leave in lieu of overtime payment, must take that leave:
(i) at the RTA’s
convenience, and
(ii) in minimum
periods of one hour, and
(iii) within one
month of the date of making that choice.
10.5 Meal Break on
Overtime
(a) Staff who work
more than an hour and a half overtime after their ordinary hours finishing time
are entitled to a 30 minute meal break and a meal allowance as set out at Item
1 of Table A.
(b) Staff who work
more than an hour and a half overtime after an afternoon or night shift will be
paid a meal break of 30 minutes, counted as time worked and calculated at the
overtime rate of pay.
(c) Staff who work
overtime and are provided with a meal are not entitled to payment of a meal
allowance.
(d) Staff who are
not provided with a meal, will be paid a meal allowance on condition that:
(i) money was spent
in obtaining the meal,
(ii) at least a 30
minute meal break was taken either before or during working the overtime,
(iii) work was
resumed after the meal break, unless there is an acceptable reason for taking
the meal at the end of the overtime period,
(iv) the time taken
for the meal break is not regarded as time worked.
(e) Staff who resume
work after their meal break are entitled to an additional meal break and
allowance if a further five hours overtime is worked that same day.
(f) Meal allowances
are paid at the rates set out at Item 1 - Table A.
(g) Breakfast is
paid when the staff member is required to commence work at or before 6 am and
at least one hour before the prescribed starting time,
(h) Lunch is paid
when the staff member is required to work on Saturday, Sunday or a state-wide
public holiday and the prescribed starting time is:
(i) not later than
8.30 am and the staff member is required to work until or beyond 1.30 pm, or
(ii) later than
8.30 am and the staff member is required to work until or beyond 2.00 pm,
(i) An evening meal
is paid when the staff member is required to work until or beyond 6 pm on a
normal working day and:
(i) the staff
member is employed under a flexible working hours arrangement and has worked
for more than nine hours, excluding the day’s lunch break or
(ii) the staff
member does not work under a flexible working hours arrangement, their
prescribed starting time is not later than 8.50 am and at least one and a half
hours is worked after the prescribed ceasing time.
10.6 Minimum Rest
Period
(a) Staff who work
overtime are entitled to:
(i) a minimum rest
period of at least eight consecutive hours off work between ordinary hours
shifts,
(ii) a minimum rest
break of at least four consecutive hours after working for more than 16
consecutive hours,
(iii) payment at the
rate of double time until released from work, if the staff member is recalled
to work without having had at least eight consecutive hours off work,
(iv) a further rest
period of at least eight consecutive hours if the staff member is recalled to
work without initially having had at least eight consecutive hours off work.
(b) If a staff
member’s usual ordinary hours occur during the minimum rest period of eight hours
in (i) and (iv) above, the staff member will be paid at their normal salary for
the time they are absent.
10.7 Call-Out /
Call-Back
Staff who are called back to work outside their
standard hours, or outside the bandwidth if working under a flexible working
hours arrangement:
(a) are paid a
minimum of three hours at overtime rates for each separate call-out; except
where:
(i) staff are
called out on more than one occasion and the first and subsequent call-out
payment periods of three hours overlap. If this occurs, payment is calculated from the start of the first
call-out period until the end of the last call-out provided that the total
period of all overlapping call-out periods exceeds three hours. If the total period of all overlapping
call-out periods is less than three hours, staff are paid for three hours at
overtime rates;
(ii) Where the
call-out work extends into ordinary hours of work, overtime is paid up to the
normal starting time only.
11. Travelling
Compensation
11.1 Travel On Official
Business
(a) Staff who travel
on official business and are not provided with an RTA vehicle, must, wherever
possible, travel by the most economic and practical means of public transport.
(b) The RTA pays the
full cost of fares for the transport.
(c) Where staff pay
for the travel, their claim for reimbursement of travel costs must be supported
by receipts.
(d) If there is no
public transport service, then staff must obtain prior approval to travel by:
(i) taxi, hire car
or rented car,
(ii) air, or
(iii) private
vehicle, in accordance with clause 13.4.
(e) Staff who
receive approval to use a private vehicle for official business travel will be
reimbursed as set out in 13.4.2.
11.2 Travel
Compensation
11.2.1 Fares
(a) Staff are not
entitled to payment of fares for travel between their usual headquarters and
usual permanent residence.
(b) If staff are
required to work temporarily from another location which involves additional
fares, they will be paid the amount in excess of the fares usually incurred
between their permanent residence and headquarters.
(c) Where public
transport presents difficulties in (b), staff may, subject to prior approval,
use a private vehicle and be reimbursed at the Specified Journey Rate, less the
amount of normal fares.
11.2.2 Travelling Time
(a) Staff are
entitled to claim payment or time off in lieu for travelling time in accordance
with subclauses 11.2.2 and 11.2.3.
Staff are not entitled to be paid travelling time or take time off in
lieu:
(i) for time spent
travelling between their usual headquarters and usual permanent residence,
(ii) for time spent
travelling on permanent transfer where:
1. the transfer
involves promotion which carries increased salary,
2. the transfer is
for disciplinary reasons,
3. the transfer is
made at the staff member’s request, or
4. special leave
has been granted for the day or days on which the travel is to be undertaken,
(iii) for periods of
less than a quarter of an hour on any day,
(iv) for the time
taken by the staff member to stop and eat a meal,
(v) for time spent
travelling outside of the time that might reasonably have been taken by the
most practical available route and the most economical means of transport,
(vi) for travel by
ship on which meals and accommodation are provided,
(vii) for travel
overseas,
(viii) from 11.00 pm
on the night the staff member is provided with overnight accommodation to 7.30
am the following day,
(ix) if the staff
member receives an allowance or their salary includes a specific component of
compensation for travel outside normal hours.
(b) Staff who are
required to travel to work temporarily from another location which involves
additional travel time, are paid for any additional time taken in excess of the
time taken to travel between their usual headquarters and their usual permanent
residence.
(c) Subject to the
conditions in (a), where travel is on a:
(i) working day,
staff are paid for time spent in travelling before their normal commencing time
or after their normal ceasing time,
(ii) non-working
day, staff are paid for all time spent travelling on official business after
7.30am.
11.2.3 Payment for
Travelling and Waiting Time
(a) Staff who are
entitled to claim travel time are entitled to have any necessary waiting time
treated as travelling time except when they are provided with overnight
accommodation at a centre.
(b) When staff are
provided with overnight accommodation at a centre, they cannot count as
travelling/waiting time the time spent from arrival at the centre until departure
from the centre.
(c) Staff who are in
receipt of a salary in excess of the rate applicable to the maximum rate for
Engineer Level 1 Year 3, shall be paid travelling time calculated at the
maximum rate for Engineer Level 1 Year 3, per annum, as adjusted from time to
time.
(d) The maximum
payment or time off in lieu for travelling/waiting time is eight hours in any
24 hour period.
(e) Unless otherwise
directed, staff must take time off in lieu within four weeks of being notified
of approval of the leave.
12. Leave
12.1 General
(a) Staff must
obtain approval to take leave prior to commencing leave.
(b) If staff are
absent from work because of illness or other emergency, they must notify, or
arrange for another person to notify, their supervisor of:
(i) the reason for
the absence, and
(ii) the
anticipated return to work date, by 9.30am on the first day of their absence or
as soon as practicable.
(c) Staff are not to
undertake other employment during any period of paid or unpaid leave unless
having first obtained RTA approval.
(d) Staff who do not
have approval for their absence are regarded as being absent from work without
authorised leave. These periods of absence do not count as service and are not
paid.
12.2 Accrual of Leave
(a) Leave is
recorded as accruing in hours.
(b) Where leave
accruals are expressed in days, a day for staff who work 35 hours per week, is
7 hours.
12.3 Taking of Leave
(a) The minimum
period staff can claim for leave is one hour.
(b) Any leave
claimed in excess of one hour is to be claimed to the nearest one minute.
(c) Staff must claim
the actual ordinary hours and minutes that they would have worked had they not
been on leave.
(d) For the purpose
of (c) above, ordinary hours includes any time staff would have worked towards
their accrued day off.
12.4 Leave
Entitlements for Part-Time, Limited Duration and Casual Staff
(a) Staff who work
part-time, accrue all leave on a pro-rata basis, calculated according to the
number of hours worked each week.
(b) Staff who are
employed on a limited duration basis, accrue all leave on the same basis as
permanent staff.
(c) If staff are
employed on a limited duration basis and take leave, whether paid or unpaid,
their contract is not extended by the period of that leave.
(d) Casual staff are
paid an additional rate per hour in lieu of leave and are not entitled to paid
leave (except, in certain circumstances, Extended Leave in accordance with this
Award).
12.5 Transfer of
Entitlements with NSW Government Departments
(a) Staff who have
been employed continuously within the NSW Government Departments and
Authorities listed in Schedule 1and 3 of the Public Sector Management Act 2002
have portable leave entitlements.
(b) To be eligible
to transfer leave entitlements under (a) above, staff must cease work with
their previous employer and commence work with the RTA:
(i) on the next
working day, or
(ii) on the next
day after a period of approved leave, providing that the staff member was
accepted by the RTA before leaving their previous employer.
(c) The value of
transferred leave is based on the salary of the position that the staff member
is appointed to at the RTA.
(d) All continuous
periods of service at the date of transfer are taken into account when
determining entitlements for which a period of service is a condition of
eligibility, such as maternity leave.
(e) Staff may
transfer sick leave from their previous employer.
(f) Staff may
transfer a maximum of 40 days annual leave from their previous employer. If an annual leave entitlement exceeds this
amount then the staff member is required to receive payment for the excess from
their previous employer.
12.6 Annual Leave
12.6.1 Rate of Accrual
(a) Full-time staff
accrue annual leave at the rate of one and two-third days per month from their
date of appointment.
(b) Staff are
entitled to accrue five days additional annual leave per annum, accruing at the
rate of five twelfths of a day per month if:
(i) they receive a
Remote Area Allowance in accordance with clause 13.7 or
(ii) their
headquarters is at Parkes, Forbes, Griffith, Leeton, Dubbo, Wagga Wagga,
Narrandera, West Wyalong, Finley, Deniliquin, Gunnedah, Narrabri, or
(iii) they are
employed as a six or seven-day continuous shift worker.
(c) Staff do not
accrue annual leave during periods of leave without pay which exceed more than
20 consecutive working days.
12.6.2 Payment for Annual
Leave
(a) Staff are
entitled to be paid in advance for periods of approved annual leave.
(b) Unless payment
is requested in advance, payment is made in the ordinary salary cycle.
(c) Staff entitled
to accrue five days additional annual leave per annum in accordance with
12.6.1(b) can cash out the monetary value of the additional five days leave
once in any twelve month period.
12.6.3 Payment of Leave
Upon Cessation of Employment
(a) When staff cease
employment with the RTA, they will be paid the value of their annual leave as a
lump sum.
(b) The monetary
value of their leave is calculated based on the number of working days
accumulated and includes any public holiday that would have occurred if that
time had been worked.
(c) Staff may elect,
prior to their last day of employment, to take either the whole or part of
their annual leave due on their last day as annual leave, instead of receiving
a lump sum payment in lieu of the leave.
(d) If (c) applies
then:
(i) annual leave
continues to accrue during the period taken as annual leave and this accrual is
paid on the final date of service,
(ii) the ordinary
rate of pay will be increased by any increment which the staff member becomes
eligible for during the period of annual leave, and
(iii) the final date
of service is recognised as the final day of the annual leave taken.
12.6.4 Sick Leave While
on Annual Leave
(a) As per clause
12.9.1(g), staff who are sick during annual leave and wish to claim sick leave
must provide a satisfactory medical certificate for that period.
(b) If approved, the
annual leave accrual is re-credited with that equivalent period of sick leave.
(c) Staff are not
entitled to claim sick leave when on annual leave if the annual leave has been
taken in conjunction with a resignation or the termination of services, unless
the staff member is retiring.
12.7 Extended Leave
(Long Service Leave)
12.7.1 Extended Leave
Entitlements
The right to extended leave is provided for by the
Transport Administration Act 1988 (NSW) except as varied below.
12.7.2 Extended Leave
Entitlements
(a) Staff who have
completed 10 years of continuous service with the RTA, (inclusive of service as
recognised in accordance with paragraphs (f) and (g) below) are entitled to
extended leave of 44 working days.
(b) Staff may apply
to take extended leave in the following ways:
(i) 44 working days
at full pay, or
(ii) 88 working
days at half pay, or
(iii) 22 working
days at double pay.
(c) For each
additional calendar year of service completed in excess of 10 years, staff
accrue 11 working days extended leave.
(d) From 1 January
2005, staff who have completed at least 7 years of continuous service with the
RTA, (inclusive of service as recognised in accordance with (f) and (g) below)
are entitled to access the extended leave accrual indicated in (a) above on a
pro rata basis of 4.4 working days per completed year of service.
(e) Part-time staff
or casual staff with a regular and consistent pattern of employment with the
RTA are entitled to extended leave on the same basis as that applying to
full-time staff but payment for the leave is calculated on a pro rata basis.
(f) All previous
periods of full-time and part-time service with the RTA, the former Department
of Main Roads, Department of Motor Transport or the Traffic Authority are to be
taken into account as service when determining the appropriate rate of accrual
of extended leave, if the staff member is employed on a full-time or part-time
basis with the RTA.
(g) Permanent
service with other NSW government bodies will also be recognised by the RTA in
accordance with the Public Sector Employment and Management Act 2002 (NSW).
Extended leave may also be transferred from Commonwealth and Government
Departments from other States as provided in Schedule 3A of the Public Sector
Employment and Management Act 2002 (NSW).
(h) Nothing in
paragraphs (f) or (g) above, entitles staff to payment for previous service
recognised, where the accrual for that service has previously been taken as
extended leave or paid out on termination.
12.7.3 Effect of Approved
Leave Without Pay (LWOP) on Extended Leave Entitlements.
(a) In determining
whether a staff member has completed the required 10 years of service:
(i) Any period of
approved LWOP taken before 13 December 1963, counts as service.
(ii) Any period of
approved LWOP, not exceeding 6 months, taken after 13 December 1963, counts as
service.
(b) Where staff have
completed 10 years continuous service with the RTA, (inclusive of service
recognised in accordance with paragraphs 12.7.2(f) and 12.7.2 (g) above,
approved LWOP for the reasons listed below counts as service for extended leave
accrual:
(i) Military
service (e.g. Army, Navy or Air Force);
(ii) Major
interruptions to public transport; and
(iii) Periods on
leave accepted as workers compensation leave.
(c) For staff who
have completed 10 years continuous service, (inclusive of service as recognised
in accordance with paragraphs 12.7.2(e) and 12.7.2(f) above) any period of
approved leave without pay not exceeding 6 months counts for the purpose of
calculating length of service.
12.7.4 Payment and Taking
of Extended Leave.
(a) Subject to RTA
approval, extended leave may be taken:
(i) At a time
convenient to the RTA;
(ii) For a minimum
period of one hour;
(iii) At full pay,
half pay or double pay.
(b) Staff who take
extended leave at double pay:
(i) will have their
extended leave balance debited for the actual number of working days/hours of
leave at full pay plus the equivalent number of working days/hours at full pay
necessary to make up the additional payment;
(ii) The additional
payment is made as a taxed, non-superable allowance, with the exception of
payment to members of First State Super or another complying fund of their
choice for whom the additional payment is superable;
(iii) All leave
entitlements will accrue based on the actual number of working days absent from
work on extended leave.
(c) Staff who take
extended leave at half pay:
(i) Will have their
extended leave balance debited at the rate of half the days/hours taken as
extended leave;
(ii) Recreation
leave entitlements will accrue at half the ordinary rate for the actual number
of working days absent from work;
(iii) All other
leave entitlements will accrue based on the actual number of working days
absent from work on extended leave.
(d) If a staff
member’s ordinary hours of work are constant, payment is made at the current
rate of pay.
(e) For part-time or
casual staff whose ordinary hours are not constant, payment is made based on
the substantive rate of pay averaged over:
(i) the past 12
months, or
(ii) the past 5
years, whichever is the greater.
(f) Payment
includes all allowances in the nature of salary but does not include any
amounts normally paid for shift work, overtime or penalty rates.
(g) Payments will be
increased to reflect any increment action the staff member becomes eligible for
while absent on extended leave.
(h) Staff who take
extended leave whilst in service may choose to be paid fortnightly or in one
lump sum in advance of taking the leave.
12.7.5 Sick Leave While
on Extended Leave.
(a) As per clause
12.9.1(g) Staff are only entitled to claim sick leave that occurs during an
absence on extended leave, when sick for five or more consecutive working days.
(b) To claim sick
leave, staff must provide a satisfactory medical certificate for the period
claimed as soon as possible.
(c) If sick leave is
approved, the extended leave balance is re-credited with:
(i) the equivalent
period of sick leave, if taking leave on a full or half pay basis; or
(ii) the equivalent
period of sick leave and the extra amount of extended leave entitlement
accessed to make up the double pay allowance, if taking leave on a double pay
basis.
(d) If extended
leave is taken at double pay, the RTA will recoup any allowance already paid
for the period being claimed as sick leave.
(e) These sick leave
provisions apply if extended leave is taken prior to retirement but not to
extended leave taken prior to resignation or termination of services.
12.7.6 Public Holidays
While on Extended Leave.
(a) The days set out
in clause 18 of this award that fall while staff are absent on extended leave
are not recognised as extended leave and are not deducted from the extended
leave balance.
(b) Payment due for
the days set out in clause 18 of this award is calculated on the ordinary hours
of work and paid at single time, even if the staff member has chosen to take
extended leave at half-pay or double pay.
12.7.7 Payment or
Transfer of Extended Leave on Termination.
(a) Staff who are
entitled to extended leave on termination of service, including retirement,
will be paid the monetary value of the leave as a gratuity, in lieu of taking
the leave.
(b) For full-time
staff, the payment is calculated at the substantive rate of pay on the last day
of service.
(c) For part-time or
casual staff, the payment is calculated as per 12.7.4(e) above.
(d) Staff who have
at least five years’ service but less than seven years’ service (inclusive of
service recognised in accordance with paragraphs (12.7.2(f) and 12.7.2(g)
above), and their services are either terminated by the RTA for any reason
other than serious and intentional misconduct; or by the staff member in
writing on account of retirement, illness, or incapacity or domestic or other
pressing necessity, the staff member is entitled to:
(i) 22 days of
leave on full pay after five year’s service, and
(ii) for service
after five years and up to seven years , an additional amount of 4.4 days leave
for each completed year of service.
(e) In the event of
(d) applying, any period of leave without pay taken does not count as service.
(f) Staff who
resign to join another Government Department, and ‘transfer’ as defined by
Schedule 3A of the Public Sector Employment and Management Act 2002 (NSW) the
Transferred Officers Extended Leave Act 1961 (NSW) are entitled to have their
extended leave accrual accepted by the new employer.
12.8 Leave Without Pay
12.8.1 Approved Leave
Without Pay
(a) Staff may be
granted leave without pay (LWOP):
(i) providing that
good and sufficient reasons are shown for the leave,
(ii) up to a
maximum of three years, providing that service has been satisfactory,
(iii) on a full-time
or part-time basis,
(iv) commencing on
the first working day after the staff member ceases work or at the expiration
of paid leave, and
(v) ceasing on the
day prior to the day on which the staff member resumes work, regardless of
whether that day is a working day or not.
(b) LWOP is granted
on the understanding that the RTA retains the right to:
(i) abolish any
position on the grounds of redundancy,
(ii) require a
staff member to relinquish a position, or
(iii) terminate the
staff member’s services, should circumstances during the absence, so require.
A decision made to abolish a position while a staff
member is on LWOP does not mean that the staff member will be offered a
voluntary redundancy. The RTA’s policy and procedures on the management of
displaced and excess staff will apply.
(c) Staff may not
take LWOP to engage in other employment unless the RTA is satisfied that the
skills and experience gained from this other employment will provide the RTA
with a demonstrated benefit.
(d) LWOP does not
count as service for increment purposes where the total period exceeds five
days in any 12 months.
(e) Staff are not
required to exhaust accrued paid leave before proceeding on LWOP.
(f) If staff obtain
approval to combine all or part of accrued paid leave with LWOP, the paid leave
must be taken before LWOP.
(g) Staff are paid
for public holidays falling during LWOP where the total period of LWOP does not
exceed ten consecutive working days.
(h) The effect of
LWOP on extended leave entitlements is set out in clause 12.7.3.
(i) A permanent
appointment may be made to the staff member’s position if:
(i) The leave
without pay has continued or is likely to continue beyond the original period
of approval and is for a total period of more than 12 months; and
(ii) The staff
member is advised of the RTA’s proposal to permanently back fill their
position; and
(iii) The staff
member is given a reasonable opportunity to end the leave without pay and
return to their position; and
(iv) The RTA advised
the staff member at the time of the subsequent approval that the position will
be filled on a permanent basis during the period of leave without pay.
(j) The position cannot
be filled permanently unless the above criteria are satisfied.
(k) The staff member
does not cease to be employed by the RTA if their position is permanently
backfilled.
(l) Subclause
12.8.1(i) does not apply to full-time unpaid parental leave or to military
leave.
12.8.2 Unauthorised Leave
Without Pay
(a) Staff who do not
provide a satisfactory explanation for their absence are regarded as being
absent from work without authorised leave. As a result, staff will not be paid
for this period of absence.
(b) Nothing in this
clause prevents the RTA from taking disciplinary action against staff for
unauthorised absences from work.
12.9 Sick Leave
12.9.1 Sick Leave General
(a) Illness in this
clause and in clause 12.9.2 to 12.9.4 means physical or psychological illness
or injury, medical treatment and the period of recovery or rehabilitation from
an illness or injury.
(b) Subject to this
clause and clause 12.9.4, a staff member absent from duty for more than two
consecutive working days because of illness must furnish evidence of illness to
their manager in respect of the absence.
(c) If the manager
is satisfied that a staff member is unable to perform duty because of the staff
member’s illness or the illness of his/her family member, the manager:
(i) Shall grant to
the staff member sick leave on full pay; and
(ii) May grant to
the staff member, sick leave without pay if the staff member has exhausted
their accrued sick leave entitlement.
(d) The granting of
paid or unpaid sick leave shall be subject to the employee:
(i) informing their
manager as soon as reasonably practicable that they are unable to perform duty
because of illness. This must be done
as close to the staff member’s starting time as possible; and
(ii) providing
evidence in accordance with this clause 12.9.1 and subject to the conditions in
12.9.4, which indicates the nature of the illness and the estimated duration of
the absence. If a staff member is concerned about disclosing the nature of the
illness to their manager they may elect to have the application for sick leave
dealt with confidentially by an alternate manager or the human resources
section of the RTA.
(e) As a general
practice, backdated medical certificates will not be accepted. However if a staff member provides evidence
of illness that only covers the latter part of the absence, they can be granted
sick leave for the whole period if the RTA is satisfied that the reason for the
absence is genuine.
(f) Where, in the
opinion of the RTA, a staff member exhibits a pattern of taking sick days
immediately preceding or following weekends, rostered days off, accrued days
off, flex days, public holidays or
other planned absences from the workplace, the staff member may, at the discretion
of the RTA, be required to provide a medical certificate for each further
absence due to illness or injury. This
will be managed under the RTA’s Absence Management Program.
(g) As per clauses
12.6.4 and 12.7.5, if a staff member who is absent on recreation leave or
extended leave, furnishes to their manager a satisfactory medical certificate
in respect of an illness which occurred during the leave, the manager may,
subject to the provisions of this clause, grant sick leave as follows:
(i) In respect of
recreation leave, the period set out in the medical certificate;
(ii) In respect of
extended leave, the period set out in the medical certificate if such period is
5 working days or more; and
(iii) The manager
has the discretion to accept other forms of evidence to satisfy that a staff member
has a genuine illness.
(h) Subclause
12.9.1(g) applies to all staff members other than those on leave prior to
resignation or termination of services, unless the resignation or termination
of services amounts to a retirement.
12.9.2 Direction to Take
Sick Leave
(a) The RTA may
direct a staff member to take sick leave if they are satisfied that, due to the
staff member’s illness, the staff member:
(i) Is unable to
carry out their duties without distress; or
(ii) Risks further
impairment of their health by reporting for duty; or
(iii) Is a risk to
the health, wellbeing or safety of other staff members, clients or members of
the public.
(b) The RTA may
direct a staff member to participate in a return to work program, where
necessary, depending on the nature of the illness and the period of absence on
sick leave in order to assist the staff member to resume full duties.
12.9.3 Accrued
Entitlements
(a) Any staff member
appointed from the date of this award will commence accruing sick leave in accordance
with this clause immediately.
(b) Staff members
employed at the time of the award variation will accrue sick leave in
accordance with this clause from 1 January 2010 onwards.
(c) At the
commencement of employment with the RTA, a full time staff member is granted an
accrual of 5 days sick leave.
(d) After the first
four months of employment, the staff member shall accrue sick leave at the rate
of 10 working days per year for the balance of the first year of service.
(e) After the first
year of service, the staff member shall accrue sick leave fortnightly at the
rate of 15 working days per year of service.
(f) Sick leave
without pay shall count as service for the accrual of recreation leave and paid
sick leave. In all other respects sick
leave without pay shall be treated in the same manner as leave without pay.
(g) Paid sick leave
will not be granted during a period of leave without pay.
(h) Paid sick leave
which may be granted to a staff member in the first 4 months of service shall
be limited to 5 days paid sick leave, unless the RTA approves otherwise. Paid sick leave in excess of 5 days granted
in the first 3 months of service shall be supported by a satisfactory medical
certificate.
12.9.4 Absence Management
Program
(a) A staff member
may absent themselves for a total of five working days due to illness without
the provision of evidence of illness or injury. Staff who absent themselves in excess of five working days in a
calendar year may be required to furnish evidence of illness for each occasion
absent for the balance of the calendar year.
This will be managed under the RTA’s Absence Management Program.
(b) If the RTA is
concerned about the diagnosis described in the evidence of illness produced by
the employee, after discussion with the staff member, the evidence provided and
the staff member’s application for leave can be referred to HealthQuest or an
approved medical practitioner for advice.
(i) The type of
leave granted to the staff member will be determined by the RTA based on this
advice; and
(ii) If sick leave
is not granted, the RTA will, as far as practicable, take into account the
wishes of the staff member when determining the type of leave granted.
(c) Staff who are on
the Absence Management Program may not be offered overtime or may not be
directed to work overtime.
(d) Nothing in
clause 12.9.1 to 12.9.4 removes the right of the RTA to request medical
certificates for single day absences where required.
12.9.5 Special Sick Leave
(a) Staff may be
granted special sick leave if the following criteria are satisfied:
(i) ten or more
years of service, and
(ii) has been or
will be absent for more than 3 months, and
(iii) has exhausted
or will exhaust paid sick leave.
(b) Special sick
leave may be granted on the basis of one month for each ten years of completed
service plus ten working days, less any additional special sick leave taken
during service.
12.9.6 Additional Sick
Leave for Staff with War-Caused Disabilities Leave
(a) Staff with
war-caused disabilities which have been accepted by the Department of Veterans’
Affairs are entitled to additional sick leave.
(b) The additional
sick leave is 15 days per calendar year but is not cumulative. This additional
grant is separate from the normal annual sick leave entitlement.
(c) Injuries or
illnesses resulting directly or indirectly from service in the armed forces but
not in a war zone are not regarded as war caused disabilities for the purposes
of this clause.
12.10 Maternity Leave
12.10.1 General
(a) Maternity leave
is available for female staff, (including those employed as casuals who have
worked on a regular and systematic basis with the RTA for at least 12 months)
to enable them to retain their position and return to work within a reasonable
time after the birth of their child.
(b) If a staff
member has been granted maternity leave and their child is stillborn or dies
shortly after birth, the staff member may choose to take maternity leave or
sick leave.
(c) If a pregnancy
terminates and the staff member has applied for or been granted maternity
leave, the staff member must advise the RTA of the date of the termination as
soon as practicable.
(d) If a staff
member is on another form of leave and their child is born before the expected
date of birth, the maternity leave commences from the date of the birth of the
child.
12.10.2 Paid
Maternity Leave
(a) Staff who are
employed on a permanent or limited duration basis and have completed at least
40 weeks continuous service in the NSW public sector prior to the expected date
of birth of a child, are entitled to paid maternity leave at the ordinary rate
of pay for:
(i) fourteen weeks
at full pay; or
(ii) 28 weeks at
half pay; or
(iii) a combination
of the two options above; or
(iv) the period of
leave actually taken, if a lesser period.
(b) The equivalent
pay for the period of leave in (a) above, can be requested as a lump sum that
is paid in advance of starting maternity leave.
(c) The lump sum
payment will be made up to the maximum period indicated in (a).
(d) Staff who
request to be paid for maternity leave as a lump sum and then request to return
to work before the period of leave is completed, must repay the remainder of
the lump sum amount.
(e) Staff who
receive payment under this clause are not entitled to any payment under clause
12.12 Parental Leave.
12.10.3 Unpaid
Maternity Leave
(a) Staff are
entitled to unpaid maternity leave on the following basis:
(i) up to nine
weeks before the expected date of birth, and
(ii) up to 12
months after the actual date of birth of a child.
(b) Staff may take
approved, unpaid maternity leave after the date of birth on a:
(i) full-time basis
for a period not exceeding 12 months; or
(ii) part-time
basis for a period not exceeding 2 years; or
(iii) partly full-time
and partly part-time over a proportionate period of up to two years.
(c) The RTA will not
fail to re-engage regular casual employees because the employee is pregnant or
the employee’s spouse is pregnant or because the employee has been absent on maternity
leave.
(d) The rights of
the RTA in relation to the engagement and re-engagement of casual employees are
otherwise not affected.
12.11 Adoption leave
12.11.1 General
(a) A staff member
who is the primary carer of an adopted child is entitled to adoption leave.
This entitlement also applies to casual staff who have worked with the RTA on a
regular and systematic basis for at least 12 months.
(b) Adoption leave
commences on the date that custody of the child is taken, whether that date is
before or after the date on which a court makes an order for the adoption of
the child.
(c) Adoption leave
may be approved as either paid or unpaid leave.
12.11.2 Paid
Adoption Leave
(a) Staff are
entitled to paid adoption leave if they are employed on a permanent or limited
duration basis and have completed at least 40 weeks continuous service in the
NSW public sector prior to taking custody of the child.
(b) Paid adoption
leave will be at the ordinary rate of pay for:
(i) fourteen weeks
or;
(ii) 28 weeks at
half pay or;
(iii) a combination
of the two options above; or
(iv) the period of
leave taken, whichever is the lesser period.
(c) The equivalent
pay for the period of leave in a) above can be requested, as a lump sum that is
paid in advance of starting adoption leave.
(d) Payment will be
made up to the maximum period indicated or for the period of leave actually
taken, whichever is the lesser.
(e) Staff who have
requested to be paid for adoption leave as a lump sum and then request to
return to work before the period of leave is completed must repay the remainder
of the lump sum amount.
(f) Staff who
receive payment under this clause are not entitled to payment under clause
12.12 Parental Leave.
(g) If both parents
are employed in the public sector, adoption leave will only be granted to one
parent for each adoption.
12.11.3 Unpaid
Adoption Leave
(a) Staff are
entitled to unpaid adoption leave for:
(i) a maximum
period of 12 months if the child has not commenced school, or
(ii) a period,
approved by the RTA, up to a maximum of 12 months, if the child has commenced
school.
(b) If approved
unpaid adoption leave may be taken as:
(i) part-time for a
period not exceeding two years or
(ii) partly
full-time and partly part-time over a proportionate period of up to two years.
(c) The RTA will not
fail to re-engage regular casual employees who are or who have been immediately
absent on adoption leave. The rights of the RTA in relation to the engagement
and re-engagement of casual employees are otherwise not affected.
12.12 Parental Leave
12.12.1 General
(a) Staff who are
not entitled to Maternity or Adoption Leave may be entitled to unpaid Parental
Leave for a period of up to 12 months to enable them, as a parent, to share in
the responsibility of caring for a child or children. This entitlement also
applies to casual staff who have worked with the RTA on a regular and
systematic basis for at least 12 months.
(b) Staff who are
employed on a permanent or limited duration basis and have completed at least
40 weeks continuous service in the NSW public sector, are entitled to Paid
Parental Leave of:
(i) One week at the
full ordinary rate of pay or;
(ii) Two weeks at
half the ordinary rate of pay.
(c) The remainder of
the requested leave will be unpaid.
(d) Unless agreed to
otherwise, the entitlement to Paid Parental Leave will be paid at the full
ordinary pay for the first five days of approved leave as set out in 12.12.2
(a).
12.12.2 Taking
of Parental Leave
(a) Parental Leave
approved by the RTA may be taken as:
(i) Short Parental
Leave for an unbroken period of up to eight weeks at the time of the birth of a
child or termination of the spouse’s or partner’s pregnancy or, in the case of
adoption, from the date of taking custody of the child or children.
(ii) Extended
Parental Leave for a period not exceeding 12 months, less any Paid or Short
Parental Leave already taken as outlined above.
(b) Extended
Parental Leave may commence at any time within two years from the date of birth
of the child or the date of taking custody of the adopted child.
(c) If approved,
Extended Parental Leave may be taken:
(i) Full-time for a
period not exceeding 12 months or;
(ii) Part-time over
a period not exceeding two years or;
(iii) Partly
full-time and partly part-time over a proportionate period of up to two years.
(d) The RTA will not
fail to re-engage a regular casual employee because the employee is or has been
immediately absent on parental leave. The rights of the RTA in relation to the
engagement and re-engagement of casual employees are otherwise not affected.
12.13 Communication
during Maternity, Adoption and Parental Leave
(a) Where staff are
on maternity, adoption or parental leave and the RTA makes a definite decision
to introduce significant change at the workplace, the RTA will take reasonable
steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the staff member
held before commencing maternity, adoption or parental leave; and
(ii) provide an
opportunity for the staff member to discuss any significant effect the change
will have on the status or responsibility level of the position held before
commencing maternity, adoption or parental leave.
(b) Staff must take
reasonable steps to inform the RTA about any significant matter that will
affect the staff member’s decision regarding the duration of maternity,
adoption or parental leave to be taken, whether the staff member intends to
return to work and whether the staff member intends to request to return to
work on a part-time basis.
(c) Staff must
notify the RTA of changes of address or other contact details which might
affect the RTA’s capacity to comply with paragraph (a).
12.14 Rights of Request
During Maternity, Adoption or Parental Leave
(a) Staff who are
entitled to maternity, adoption or parental leave may request that the RTA
allow them:
(i) to extend the
period of unpaid maternity , adoption or parental leave for a further
continuous period of leave not exceeding 12 months;
(ii) to return from
a period of maternity, adoption or parental leave on a part-time basis until
the child reaches school age,
to assist staff in reconciling work and parental
responsibilities.
(b) The RTA must consider
any request made in accordance with paragraph (a) above, having regard to the
staff member’s circumstances and, provided the request is genuinely based on
the staff member’s parental responsibilities, the RTA may only refuse the
request on reasonable grounds related to the effect on the workplace or the
RTA’s business. Such grounds might include cost, lack of adequate replacement
staff, loss of efficiency and the impact on customer service.
(c) The staff
member’s request and the RTA’s decision made under paragraph (a) must be
recorded in writing.
(d) Where a staff
member wishes to make a request under paragraph (a) above, such a request must
be made as soon as possible but no less than seven weeks prior to the date upon
which they are due to return to work from maternity, adoption or parental
leave.
12.15 Subsequent period
of Paid Maternity or Paid Adoption Leave
(a) A staff member
who is entitled to commence a subsequent period of Paid Maternity Leave or Paid
Adoption Leave within 24 months of commencing an initial period of Paid
Maternity Leave or Paid Adoption Leave will be paid:
(i) At the rate
they were paid before commencing the initial leave if they have not returned to
work; or
(ii) At the rate
based on the hours worked before the initial leave was taken, where the
employee has returned to work and reduced their hours during the 24 month
period; or
(iii) a rate based
on the hours worked period to the subsequent period of leave where the employee
has returned to work and not reduced
their hours.
12.16 Resumption Of
Work After Maternity, Adoption or Parental Leave
Staff who return to work immediately after the
expiration of maternity, adoption or parental leave are entitled to be placed
in:
(a) the position
they held immediately prior to the taking of leave, if the position still
exists; or
(b) another position
for which they are qualified, subject to availability, if the position they
held immediately prior to the taking of leave no longer exists.
12.17 Family and
Community Service Leave
12.17.1 General
(a) The RTA shall
grant to a staff member some, or all, of their accrued family and community
service leave on full pay, for reasons relating to unplanned and emergency
family responsibilities or other emergencies in sub clause (b). The RTA may also grant leave for the purposes
in sub clause (c). Non emergency
appointments or duties shall be scheduled or performed outside of normal
working hours or through approved use of flexible working arrangements or other
appropriate leave.
(b) Unplanned and
emergency situations may include, but not be limited to, the following:
(i) Compassionate
grounds, such as the death or illness of a close member of the family or a
member of the staff member’s household;
(ii) Emergency
accommodation matters up to one day, such as attendance at court as defendant
in an eviction action, arranging accommodation, or when required to remove
furniture and effects;
(iii) Emergency or
weather conditions, such as when flood, fire, snow or disruption to utility services
etc, threatens a staff member’s property and/or prevents a staff member from
reporting for duty;
(iv) Attending to
emergency or unplanned or unforeseen family responsibilities, such as attending
a child’s school for an emergency reason or emergency cancellations by child
care providers;
(v) Attendance at
court by a staff member to answer a charge for a criminal offence, only if the
RTA considers the granting of family and community service leave to be
appropriate in a particular case;
(c) Family and
Community Service Leave may also be granted for:
(i) An absence
during normal working hours to attend meetings, conferences or to perform other
duties, for staff members holding office in Local Government, and whose duties
necessitate absence during normal working hours for these purposes, provided
that the staff member does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council; and
(ii) Attendance as
a competitor in major amateur sport (other than Olympic or Commonwealth Games)
for staff members who are selected to represent Australia or the State.
(d) The definition
of "family" or "relative" in this clause is the same as
that provided in clause 12.18 Carer’s Leave.
12.17.2 Entitlement
to Family and Community Service Leave
(a) Family and
community service leave shall accrue as follows:
(i) two and a half
days in the staff member’s first year of service;
(ii) two and a half
days in the staff member’s second year of service; and
(iii) one day for
each completed year of service thereafter
(b) If available
family and community service leave is exhausted as a result of natural
disasters, the RTA shall consider applications for additional family and
community service leave, if some other emergency arises.
(c) If available
family and community service leave is exhausted, on the death of a family
member or relative, additional paid family and community service leave of up to
2 days may be granted on a discrete, per occasion basis to a staff member.
(d) If available
family and community service leave is exhausted, in cases of illness of a
family member for whose care and support the staff member is responsible, paid
sick leave may be granted in accordance with clause 12.18 Carer’s Leave.
(e) The RTA may also
grant staff members other forms of leave such as accrued recreation leave, time
off in lieu, flex leave and so on for family and community service leave
purposes.
12.17.3 Casual
employee entitlements to unpaid bereavement leave
(a) Casual staff are
entitled to be unavailable to work, or may leave work, if a family member or
relative as set out in subclause 12.18.3 dies.
(b) Casual staff can
be unavailable to work for up to 48 hours (two days work). However, the staff
member and the RTA can also make an agreement on a timeframe for the absence
that is either longer or shorter than 48 hours (or two days), as required. This
agreement must be made before the staff member is absent from work or makes
themselves unavailable to work.
(c) Casual staff
will not be paid when they are unavailable to work or leave work in accordance
with this clause.
(d) The RTA may
require staff to produce evidence, such as a death certificate or statutory
declaration, providing details of the circumstances of the death, which
requires them to be unavailable to work.
(e) The RTA will not
fail to re-engage casual staff because they are unavailable to work or leave
work in accordance with this subclause. However, the rights of the RTA to
otherwise engage or not engage casual staff are not affected.
12.18 Carer’s Leave
12.18.1 General
(a) Carer’s Leave
allows staff to use available paid sick leave, subject to approval by the RTA
and the conditions outlined in this subclause, to provide care and support to a
category of persons set out at clause 12.18.3 when these persons are suffering
a sudden or short term illness.
(b) Staff are
entitled to carer’s leave when:
(i) they have
exhausted their entitlement to FACSL or are otherwise not entitled to FACSL,
and
(ii) are the
primary care-giver of the category of persons set out at clause 12.18.3.
(c) The RTA may
require the staff member to establish, by providing a medical certificate or
statutory declaration, the illness of the person concerned.
(d) The staff member
may elect, with the RTA’s agreement, to take annual leave at any time within a
period of 24 months from the date at which it falls due, for the purpose of
undertaking carer’s responsibilities.
12.18.2 Taking
of Carer’s Leave
(a) When staff are
on carer’s leave, sick leave shall be taken from the sick leave accumulated
over the previous three years.
(b) In special
circumstances, staff may be granted additional sick leave from their sick leave
entitlement accumulated during their employment.
12.18.3 Category
of Persons Who Can Obtain Carer’s Leave
Carer's Leave is available to enable staff to provide
care and support to their ill:
(a) spouse,
(b) defacto spouse,
being a person of the opposite sex who lives in the same house as them on a
bona fide domestic basis, although they are not legally married,
(c) child or adult
child (including an adopted child, step child, foster child or ex-nuptial
child),
(d) parent
(including a foster parent or legal guardian),
(e) grandparent or
grandchild,
(f) sibling (including
the sibling of a spouse or defacto spouse),
(g) same sex partner
whom the staff member lives with as a defacto partner on a bona fide domestic
basis, or
(h) relative who is
a member of the same household where, for the purposes of this definition:
(i) 'relative'
means a person related by blood, marriage, affinity or Aboriginal kinship
structures, and
(ii) 'household'
means a family group living in the same domestic dwelling.
12.18.4 Personal
Carer’s Leave Entitlement for Casual Employees
(a) Casual staff are
entitled to be unavailable to work, or may leave work, if they need to care for
a person mentioned in subclause 12.18.3, who is sick and requires care and
support, or who requires care due to an unexpected emergency, or birth of a
child.
(b) Casual staff are
entitled to be unavailable to work for up to 48 hours (two days work). However,
the staff member and the RTA can also make an agreement on a timeframe for the
absence that is either longer or shorter than 48 hours (or two days), as required.
This agreement must be made before the staff member is absent from work or
makes themselves unavailable to work.
(c) Casual staff
will not be paid when they are unavailable to work or leave work in accordance
with this clause.
(d) The RTA may require
staff to establish, by providing a medical certificate or statutory
declaration, the illness of the person concerned.
(e) The RTA will not
fail to re-engage casual staff because they are unavailable to work or leave
work in accordance with this subclause. However, the rights of the RTA to
otherwise engage or not engage casual staff are not affected.
12.19 Special Leave
12.19.1 General
(a) Staff may be
granted special leave for activities which are not covered by other forms of
leave.
(b) The amount of
leave granted will be dependent on the circumstances for which the staff member
requires the leave and the length of service.
12.19.2 Granting
of Special Leave
Staff may be granted access to special leave in a
number circumstances. These include:
(a) on transfer (in
association with subclause 13.5.11);
(b) when on jury
service;
(c) when subpoenaed
or called as a witness by the Crown;
(d) when acting as
an emergency volunteer;
(e) trade union
activities and training up to a maximum of 12 days in any period of two years;
(f) Ex-Armed
Services Personnel for attending RSL Conference and Congress or to attend the
Hospital Medical Review Board etc,;
(g) participation in
graduation ceremonies;
(h) duties
associated with holding official office in Local Government;
(i) retirement
seminars;
(j) participation
in naturalisation ceremonies;
(k) donating bone
marrow;
(l) professional or
learned societies conferences, etc; and
(m) National
Aborigine and Torres Strait Islander Day (NAIDOC).
12.20 Study Leave
(a) Staff may be
granted leave to undertake study.
(b) The terms and
conditions on which study leave may be granted are set out in the RTA’s Study
Leave Policy, as amended from time to time.
(c) The RTA will
consult with APESMA before making any changes to the Study Leave Policy.
12.21 Examination Leave
(a) Staff may be
granted leave to enable them to attend examinations in courses for which study
leave has been approved.
(b) The terms and
conditions on which examination leave may be granted are set out in the RTA’s
Examination and Pre-Examination Leave Policy, as amended from time to time.
(c) The RTA will
consult with APESMA before making any changes to the Examination and
Pre-Examination Leave Policy.
12.22 Military Leave
12.22.1 General
(a) Staff who are
members of the Australian Defence Forces are entitled to military leave every
12 months, commencing 1 July.
(b) Military leave
is approved at the ordinary rate of pay for the purpose of their attending
compulsory training, education, instruction or parades.
(c) Staff must
provide evidence to the RTA from the commanding or responsible officer:
(i) before the
event, certifying that their attendance at the event is necessary; and also
(ii) after the
event, certifying the dates on which the staff member attended the event.
(d) Unused military
leave does not accumulate.
12.22.2 Entitlements
(a) Staff who are
members of:
(i) the Military
and Naval Reserves are entitled to up to 24 working days military leave per
year or
(ii) the Air Force
Reserves, are entitled to up to 28 working days military leave per year.
(b) Staff are
entitled to one day special leave to undertake medical examinations and tests
for acceptance as a member of the Australian Defence Forces.
(c) Staff are entitled
to special leave for the minimum time necessary to travel to and/or from annual
camp provided that:
(i) the travel is
undertaken during a time when the staff member would normally be at work and
(ii) the staff
member receives no pay from the Australian Defence Forces for the period
granted as special leave.
12.23 Observance of
Essential Religious or Cultural Obligations
(a) Staff are
entitled to annual leave, extended leave or leave without pay when they are of:
(i) any religious
faith and seek leave for the purpose of observing essential religious
obligations of that faith, or
(ii) any ethnic or
cultural background and seek leave for the purpose of observing any essential
cultural obligations.
(b) Providing it is
operationally convenient to release the staff member and adequate notice of the
need for leave to observe essential religious or cultural obligations is given,
the leave will be granted.
(c) Staff who seek
time off during daily working hours to attend to essential religious
obligations of faith, will be granted time off, subject to the staff member:
(i) giving adequate
notice,
(ii) obtaining
prior approval, and
(iii) making up the
time in the manner approved by the RTA.
13. Allowances
13.1 Calculation of
Allowances
(a) A daily entitlement
to a weekly allowance is calculated at one-fifth of the weekly rate.
(b) When calculating
time worked:
(i) a fraction of
an hour less than 30 minutes is not taken into account.
(ii) fractions of
an hour of 30 minutes or more are taken to be one hour.
13.2 Meal Allowance
and Meal Break While Travelling
13.2.1 Meal allowance and
Break while travelling
(a) Staff are
entitled to claim a meal allowance when travelling on RTA business if they:
(i) return to their
headquarters or place of residence on the same day;
(ii) have a meal
break of at least 30 minutes away from their residence or headquarters; and
(iii) incur expense
in obtaining the meal.
(b) Staff shall
receive meal allowances at the rates contained Table A, Other Allowances, and subject
to the following provisions:
(i) Breakfast- the
journey must have commenced before 6am and at least one hour before the staff
member's normal starting time.
(ii) Lunch - when
staff are required to travel a total distance of at least 100km on the day and
take their lunch break at least 50km from their normal headquarters. Staff
whose position requires them to undertake work in the field and are regularly
required to take lunch away from their nominated headquarters shall not be
entitled to a lunch allowance.
(iii) Evening meal -
the allowance may only be claimed when the meal is taken after 6:30pm.
13.2.2 Meal allowance on
overtime
(a) The entitlement
to meal allowances for staff who work overtime, is set out in clause 9.1.5 or
10.5.
13.3 Travelling and
Lodging Allowance
13.3.1 General
(a) If the RTA
requires a staff member to proceed on work away from their normal headquarters
and the staff member cannot return to their normal headquarters on the day of
departure, and the staff member does not permanently change their headquarters:
(i) the RTA may
elect to arrange and pay for the overnight accommodation direct to the
accommodation provider and reimburse the staff member the appropriate meal
allowance where the RTA does not provide a meal provided that where a suitable
meal is not available because of the staff member’s work commitments or for
some other sound reason, the meal allowance may be claimed and will be paid.
Under any such arrangement, the RTA shall ensure that the accommodation so
provided is reasonable and appropriate, having regard to the nature of the work
assignment Staff who stay in RTA-provided accommodation may receive an
incidentals allowance as set out at Item 4 of Table A; or
(ii) where the RTA
does not pay the accommodation provider directly, the staff member shall
receive the appropriate rate of allowance for every period of 24 hours absence
by the staff member from their residence; or
(iii) the staff
member may elect or be directed to be paid actual expenses properly and
reasonably incurred for the whole of the business trip together with an
incidental expenses allowance as set out at Item 4 of Table A.
(b) Staff must
obtain prior approval before making arrangements to stay in overnight
accommodation.
(c) Approval to stay
in overnight accommodation is determined having regard to safety and local
conditions. Where staff are required to
attend conferences or seminars which involve evening sessions or make an early
start in a location away from their normal headquarters, overnight
accommodation may be granted. Staff can be expected to travel up to two hours
each way on the forward and return journeys for work-related purposes.
(d) The Travelling
allowance is calculated at the hourly rate of the relevant lodging allowance as
set out at Item 3 of Table A
(e) The lodging
allowance is an allowance for overnight accommodation, meals and incidentals.
(f) Staff who are
required to stay in overnight accommodation and are paid the allowance set out
at 13.3.1(a)(ii) are entitled to the rate for that region as set out at Item 3
of Table A. The allowance is reduced by 50% if the staff member remains in that
region for more than 35 days and up to six months.
(g) Lodging
allowance is calculated from the time staff depart from:
(i) their normal
headquarters, or
(ii) their normal
place of permanent residence where they travel directly from there, or
(iii) another
temporary work location.
(h) Staff who are
sent from one temporary work location to another will continue to be entitled
to the payment for overnight accommodation, providing that the distance between
their headquarters and their subsequent temporary work location is sufficient
to make it necessary to continue such arrangements.
(i) Subject to (h)
above, where the allowance for overnight accommodation at the subsequent
temporary work location(s) is a different rate than that applying to the
previous temporary work location, staff receive the rates based on the times of
departure from each location. Methods
for calculation of lodging allowance for staff travelling between different
locations are set out in Appendix A.
(j) Staff are not
entitled to an allowance under clause 13.3 for:
(i) any period
during which they return to their permanent residence on weekends or public
holidays, from the time of arrival at their place of residence until the time
of departure,
(ii) any period of
leave, except with RTA approval or otherwise provided by clause 13.3, or
(iii) any other
period during which they are absent from the temporary work location, otherwise
than on official work.
(k) For the purposes
of clause 13.3, ‘Sydney’ means the area bounded by Palm Beach and Brooklyn in
the north, Richmond in the north-west, Penrith in the west Campbelltown and
Camden in the south-west and Heathcote in the south. Notwithstanding this
definition, if staff are paid an allowance for overnight accommodation, they
are expected to find accommodation as close as possible to their temporary work
location.
(l) When staff
return from a temporary work location after more than 35 days and less than six
months’ lodging they are paid travelling at the hourly rate of the relevant
Lodgings allowance as set in Item 3 of Table A. Travelling is calculated from the time the staff member departs
from their temporary work location to the time they arrive at their
headquarters or normal place of permanent residence.
(m) If the lodging
allowance is deemed insufficient to adequately reimburse staff for expenses
properly and reasonably incurred, a further amount may be paid to the staff
member for the additional expenses incurred; or
(n) Staff must
produce receipts to receive reimbursement for actual expenses unless the RTA is
prepared to accept other evidence from them.
(o) The new
accommodation arrangements in this clause shall be implemented in consultation
with APESMA. In the event of any dispute over the implementation of these
changes the parties shall have recourse to the Commission under the disputes
settlement procedure (clause 19).
13.3.2 Lodging in RTA-Provided
Accommodation
(a) Staff who
perform official duties at a temporary work location may be directed to lodge
in accommodation organised and provided by the RTA.
(b) Where the RTA
does not provide meals, staff are reimbursed meal expenses actually and
reasonably incurred during the time spent away from their permanent residence
to perform that work.
(c) Staff who stay
in RTA-provided accommodation may receive an incidentals allowance as set out
at Item 4 of Table A.
13.3.3 Lodging Away from
Headquarters for One Week or More, Within a Reasonable Distance from
Headquarters
(a) If staff:
(i) are required to
find accommodation away from their headquarters for a period of one week or
more, and
(ii) are within
reasonable distance from their permanent residence/headquarters to travel to
their permanent residence at weekends (‘reasonable travelling distance’ from
Sydney being the area bounded by Newcastle, Singleton, Bowenfels, Yass and
Nowra),
then claims for travel and lodging allowances are
calculated according to (c) - (e) below.
(b) Staff are
entitled to the Travelling allowance set out in 13.3.1(d) when travelling to or
from a temporary work location, calculated from the time of departure. If staff have approval to use a private
vehicle, they are paid the Specified Journey Rate, as set out at Item 6 of
Table A, up to the amount payable had the most economic and practical means of
public transport been used.
(c) Lodging
allowance, or the actual and incidentals rate, is paid at the appropriate capital
city or non-capital city rate as set out at Item 3 of Table A. The allowance is
calculated from the time of the staff member’s departure to the temporary work
location up until the time of arrival back at headquarters/permanent residence,
which would normally be from Monday to Friday.
(d) Where it is
necessary to:
(i) obtain
accommodation on a weekly basis in order to preserve continuity of
accommodation, and
(ii) the cost
exceeds the allowance payable from the time of arrival to the time of departure
each week,
staff are paid the reasonable actual cost, plus an
amount set out at Item 4 of Table A.
(e) When travelling
to permanent residence/headquarters each week, staff are entitled to be
reimbursed up to the cost of the most economic and practical means of public
transport available. If staff make the journey by private vehicle, they may be
required to produce evidence that the journey was actually made.
13.3.4 Lodging Away from
Headquarters for One Week or More, Not Within a Reasonable Travelling Distance
from Headquarters
(a) For staff who:
(i) are required to
find accommodation away from their headquarters for a period of one week or
more; and
(ii) are not within
a reasonable distance from their permanent residence/headquarters, as defined in
clause 13.3.3(a)(ii), to travel to their permanent residence at weekends,
the entitlement to return to permanent
residence/headquarters is calculated as set out below.
(b) If the distance
between a temporary work location and the staff member’s permanent
residence/headquarters is such that they can travel in their own time and spend
48 hours at their permanent residence/headquarters then staff are entitled:
(i) if they have
dependents, to return to their permanent residence every four weeks at the RTA’s
expense. Alternatively, staff may return to their permanent residence every two
weeks and have half their costs met by the RTA.
(ii) if they do not
have dependants, to return to their permanent residence every eight weeks at
the RTA’s expense. Alternatively, staff may return to their permanent residence
every four weeks and have half their costs met by the RTA.
(c) If the distance
between a staff member’s temporary work location and their permanent
residence/headquarters, by the shortest practicable route, is such that staff
are unable to travel in their own time to spend 48 hours at their permanent
residence/headquarters then staff are entitled:
(i) if they have
dependants, to return to their permanent residence at the RTA’s expense and
take two days special leave (usually Friday and/or Monday) every four weeks,
(ii) if they do not
have dependants, to return to their permanent residence at the RTA’s expense
and take two days special leave (usually Friday and/or Monday) every eight
weeks.
(d) Having regard to
the period of absence from work that is necessitated by land-based travel, the
RTA may provide staff with air transport.
(e) If, in
accordance with (b) and (c) above, staff return to their permanent
residence/headquarters after the specified period of absence has elapsed, each
journey will be regarded as a separate trip for the purposes of calculating
lodging allowances and staff are paid travelling time as set out at clause
11.2.2(b).
(f) When staff
travel to their permanent residence/headquarters they are entitled to be
reimbursed up to the cost of the most economic and practical means of public
transport available. If staff make the journey by private vehicle, they may be
required to produce evidence that the journey was actually made.
13.4 Use of Private
Motor Vehicle
13.4.1 General
(a) Unless otherwise
specified in this Award, staff bear the cost of daily travel by private vehicle
between their permanent residence and headquarters.
(b) Staff may be
authorised to use private motor vehicles where such use will result in greater
efficiency or be less expensive for the RTA than other forms of transport.
(c) If staff have
approval to use a private motor vehicle for work purposes, they must have
current:
(i) third party
personal injury insurance, and
(ii) a
comprehensive motor vehicle insurance policy to an amount and in a form
approved by the RTA.
13.4.2 Rates, Allowances
and Expenses
(a) Staff who have
approval to use a private motor vehicle for work purposes are paid an
allowance, depending on the circumstances and purpose for which the vehicle is
being used.
(b) Staff will be
paid:
(i) the Specified
Journey Rate, as set at Item 6 of Table A for travel to and from a temporary
work location; or when on official business where an RTA vehicle or other forms
of transport are available, but the staff member elects to use their own
private vehicle, with the approval of the RTA. The allowance is limited to an
amount not exceeding the cost of travel by public or other available means of
transport.
(ii) the Official
Business Rate as set at Item 5 of Table A for using a private vehicle on
official business when no other means of transport is available, where the
staff member is directed to use their own vehicle by the RTA and the staff
member agrees to do so.
(iii) the Official
Business Rate as set at Item 5 of Table A if, owing to a disability, the staff
member is unable to use other transport.
13.4.3 Private Use of RTA
vehicles
(a) Subject to
management approval and the provisions of the RTA’s Light Motor Vehicle Policy
and Guidelines, staff may negotiate to include the private use of an RTA
vehicle in a salary package arrangement.
(b) Such arrangement
will be subject to a motor vehicle being available from within the RTA motor
vehicle fleet and the vehicle being made available for general use during
business hours.
13.5 Conditions and
Allowances on Transfer
13.5.1 General
(a) Unless otherwise
approved by the RTA, staff are not paid allowances if they transfer:
(i) at their own
request within a period of 2 years of taking up duty at their current
headquarters,
(ii) under
arrangements they have made directly with another staff member to exchange
positions,
(iii) to a new
headquarters within 34km of their previous headquarters,
(iv) for reasons of
proven misconduct.
(b) Where both
spouses are RTA officers and are transferred to the same new headquarters
requiring the relocation of residence, they are to seek approval regarding
payment of leave and expenses as transferred officers prior to relocating.
13.5.2 Travelling and
Accommodation Allowance
(a) Staff who are
transferred from one headquarters to another are paid the travelling allowance
set out at clause 13.3.1 until arriving at their new headquarters.
(b) Staff who are
unable to secure a permanent residence or other regular accommodation
immediately on arrival at their new headquarters and are:
(i) separated from
their dependants, are, paid the relevant accommodation allowance set out at
clause 13.3, for the first eight weeks,
(ii) separated from
their dependants, may be partially reimbursed for expenses actually and
reasonably incurred provided that the staff member can produce receipts of the
expenses claimed. Staff are only able to make this claim for expenses after
eight weeks and up to a maximum of six months after having been transferred.
The amount that may be reimbursed will be calculated by determining the total
amount of expenses incurred, for which the staff member has receipts, minus the
amount each week set out at Item 21 of Table A,
(iii) occupying
temporary accommodation with their dependants are paid three-quarters of the
actual and reasonable expenses incurred for a period of up to eight weeks,
(iv) occupying
temporary accommodation and do not have dependants, are paid 50% of the actual
and reasonable expenses incurred for a period of up to four weeks, up to a
maximum amount set out at Item 9 of Table A.
(c) Staff who
anticipate that due to special circumstances they will require reimbursement
beyond these periods must obtain RTA approval prior to the expiration of the
above periods.
(d) Where the RTA is
not prepared, under clause 13.5.10, to meet the expense of transferring
dependants, the staff member is paid the relevant accommodation allowances set
out at clause 13.3.
(e) If (b) and (c)
above apply, then the staff member is entitled to the provisions for returning
to permanent residence set out at clauses 13.3.3 and 13.3.4.
13.5.3 Sale and Purchase
of Home When Transferred
(a) Where a staff
member is transferred and the RTA has agreed to meet the cost of relocating
their dependants and possessions, the staff member is entitled to be reimbursed
the costs associated with the sale of their current residence provided the
staff member purchases a residence or land to build a home at the new
location. The sale and purchase must
occur:
(i) not earlier
than 6 months prior to and no later than 4 years after the transfer, or
(ii) within a
period not exceeding a further 4 years if the staff member is transferred again
within the timeframe of (a).
(b) This subclause
also applies if a staff member sells their current residence and takes up
rented accommodation or transfers, as long it has not been more than four years
since their transfer.
13.5.4 Reimbursement of
Conveyancing and Other Costs
(a) If 13.5.3
applies, then the staff member is to be reimbursed for the following expenses:
(i) professional
costs and disbursements of a solicitor or conveyancing company acting on the
staff member’s behalf, in respect of
transactions limited to Schedule 1 of the Conveyancing Act 1919 (NSW),
(ii) stamp duty
paid in respect of the purchase of the staff member’s residence or land at
their new location, and in respect of any mortgage entered into or discharge of
mortgage connected with such transactions,
(iii) registration
of transfer and discharge of mortgage,
(iv) any real estate
agent’s commission for the sale of the former residence,
(v) council or other
local government rates levied on the former residence prior to its sale and
during the period that it remains untenanted, providing that the staff member
has purchased a residence or land on which to build a home at the new
headquarters. (The RTA may require the
staff member to prove that reasonable efforts have been made to sell the former
residence at a reasonable market price),
(vi) non-refundable
costs to connect gas and/or electricity at the new permanent residence,
(vii) the cost of
survey certificates, pest certificates and/or lending authority registration
fees and charges reasonably incurred in seeking financial assistance, for the
purpose of purchasing a residence or land on which to build a home at the new
headquarters.
(b) If the four-year
period in 13.5.3(a) above is exceeded, the RTA will consider the staff member’s
circumstances and may require the staff member to provide full details as to
why the sale and/or purchase of the residence or land could not be completed
within the four-year period.
(c) The maximum
amount staff are reimbursed for items in (a) above is limited to the amount
which would be payable had the sale and purchase prices in each case been the
amount set out at Item 9 of Table A.
(d) To be eligible
for reimbursement in full for the amount of stamp duty in (a)(ii) above, staff
must occupy their residence within 15 months of transfer to their new location.
13.5.5 Telephone
Connection
Staff will be reimbursed the cost of installing a
telephone at their new location providing that:
(a) they were a
telephone subscriber at their previous residence at the time of transfer, and
(b) the amount
reimbursed is limited to the full amount of the transfer or installation fee
only. Fees for extra telephone
equipment and services etc. are not reimbursed.
(c) Staff must
provide receipts when claiming reimbursement.
13.5.6 Arrangement of
Accommodation in Advance
(a) If a staff
member and one member of their household travel to the new headquarters, prior
to a transfer, to arrange accommodation in advance, the staff member is
entitled to:
(i) reimbursement
of travelling costs or the Specified Journey Rate, up to the amount payable had
the most economic and practical means of public transport been used,
(ii) two days paid
special leave, for the purpose of visiting the new location and arranging
accommodation,
(iii) such leave as
is necessary, on full pay, for the purposes of travelling to the new location,
and
(iv) actual and
reasonable expenses incurred for overnight accommodation and meals for the
staff member and their family member, providing the staff member produces
receipts, up to a maximum of the amount specified in clause 13.3.
(b) Where the time
taken to travel to the new headquarters and accommodation is arranged in less
than two days, staff are entitled to paid special leave for that lesser time.
(c) Subsequent to
commencing work at their new headquarters, if staff have been unable to access
the above entitlements but wish to have a member of their household travel to
their new headquarters for the purpose of finding new accommodation, staff are
entitled to reimbursement of travel and accommodation expenses for the
household member, providing that person travels by the most practical and
economical means of transport. Where the family member travels by car, the
allowance is based on the Specified Journey Rate as set out at Item 6 of Table
A.
(d) Staff are not
entitled to the conditions above if they intend to re-occupy their own home.
13.5.7 Weekly Allowance
for Increased Rental Costs
(a) Staff may apply
for and may be granted a weekly allowance if they incur increased rental costs
after being transferred. The application must be in writing and must be
supported by receipts which show the actual rent paid before and after the
transfer.
(b) The weekly
allowance is:
(i) based on the
difference between the cost of rent at the previous headquarters and the cost
of rent at the new location,
(ii) up to a
maximum of the amount set out at Item 11 of Table A per week, and
(iii) paid for a
period of up to six months, unless exceptional circumstances require that the
allowance be extended to a maximum of 12 months.
13.5.8 School Costs for
Dependant Children
(a) Where staff have
dependant children in Year 12 who have to stay at the former location and
cannot move to the new location because elected subjects are not available at
the new location, they are entitled to reimbursement of up to the amount listed
in Item 12(b) of Table A, provided that the staff member:
(i) pays the amount
set at Item 12(a) of Table A, per week,
(ii) produces
receipts of payment, and
(iii) produces a
letter from the Department of Education stating that the elected subjects are
not available at the new location.
(b) Where dependant
children change to a school at the new location, staff are entitled to
reimbursement of the costs of replacing the essential school uniform listed
below:
|
Female Winter Uniforms
|
Female Summer Uniforms
|
|
|
|
|
1 hat
|
3 blouses
|
|
1 blazer
|
2 tunics
|
|
2 tunics
|
3 pairs of stockings/socks
|
|
3 blouses
|
|
|
1 tie
|
|
|
3 pairs of stockings/socks
|
|
|
1 pair of gloves
|
|
|
1 pair of shoes
|
|
|
1 track suit or sports uniform (but not both)
|
|
|
1 jumper/cardigan
|
|
|
1 pair of sand shoes
|
|
|
Male Winter Uniforms
|
Male Summer Uniforms
|
|
|
|
|
1 suit coat
|
3 shirts
|
|
2 pairs of winter trousers
|
2 pairs of trousers (short)
|
|
1 tie
|
3 pairs of long socks.
|
|
3 shirts
|
|
|
1 jumper/cardigan
|
|
|
3 pairs of socks
|
|
|
1 pair of shoes
|
|
|
1 tracksuit or sports uniform (but not both)
|
|
|
1 pair of sand shoes
|
|
(c) Staff may be
reimbursed the cost of clothing not included on the list, which is required at
the new school, providing that they supply full particulars and the
circumstances surrounding the requirement to purchase.
13.5.9 Transfer of
Household Furniture and Effects
(a) Staff who are
transferred from one headquarters to another and have to change their permanent
residence are entitled to the following allowances to transfer their household
furniture and effects:
(i) where the value
of the household furniture and effects is more than the amount set out at Item
8(a) of Table A, staff receive the allowance set out at Item 8(b) of Table A.
(ii) where the
value of the household furniture and effects is less than the amount set out at
Item 8(a) of Table A, staff receive the allowance set out at Item 8(c) of Table
A.
(iii) where staff
change their residence and do not have household furniture and effects to
warrant the payment of the allowance referred to in (a) above, staff receive
the amount set out at Item 8(d) of Table A.
(b) Staff are
entitled to reimbursement of the cost of packing, removing, unpacking and transit
insurance of their goods, as well as storage of their furniture and effects up
to a maximum of eight weeks.
(c) Prior to
incurring the expense in (b), staff must submit a request to the RTA for
approval to incur the expense, accompanied by:
(i) an inventory of
the furniture and effects with their approximate value,
(ii) quotations
from carriers for the cost of removal,
(iii) if applicable,
quotations for storage, limited to a maximum of eight weeks from the date of
transfer to their new headquarters.
(d) Quotations must
be obtained, where practicable, from at least two reputable carriers and are to
show the cost of removal from house to house, including packing and unpacking
and the cost of ‘all risk’ insurance.
(e) Staff who wish
to extend the period of storage beyond eight weeks must obtain prior approval
from the RTA.
(f) Staff must
enter into a contract for the removal of furniture and effects because the RTA
will not be responsible for any loss or damage to the furniture or effects in
the course of removal.
(g) Staff are
entitled to reimbursement of the cost of all risk insurance, up to a maximum
value for furniture and items as set out at Item 10 of Table A. Where the
insured value exceeds this amount, the matter is to be referred to the RTA for
consideration.
13.5.10 Transfer
of Dependants
(a) If staff
transfer for the reasons set out in 13.5.1 (a)(i) or (ii) and special
circumstances exist, upon application the RTA may choose to reimburse the
entitlements set out below.
(b) If staff are
transferred for the reason set out in 13.5.1 (a) (iv), they are entitled to the
provisions set out below.
(c) When staff and
their dependants travel to a new location, they are paid:
(i) the actual and
necessary fares incurred by the most economical means of public transport
available, or
(ii) the Official
Business Rate as set out at Item 5 of Table A if staff choose to travel by
private vehicle.
(d) If staff travel
during working hours they are entitled to travelling allowances as set out in
clause 13.3. Any time spent in excess
of the quickest practicable public surface route is:
(i) deducted from
annual leave, or
(ii) approved as
leave without pay.
(e) Where it is
necessary for staff to lodge their family or dependent relatives in temporary
accommodation for the time between leaving their previous headquarters and
arriving at their new headquarters, they are paid three-quarters of the actual
and reasonable additional expenses incurred for a maximum period of one week,
providing they supply receipts.
(f) If staff submit
a receipt for joint accommodation costs for them and their family or dependent
relatives, the family cost to be used in calculations for (c), is determined by
deducting the single tariff rate and the cost of their meals, from the total of
the actual cost incurred plus the relevant incidentals rate for capital cities
or non-capital cities as set out at clause 13.3.
13.5.11 Special
Leave for Transferred Staff
(a) Where staff are
transferred in accordance with subclause 13.5.1, they are entitled to special
leave of:
(i) up to two days
for preparation and supervision of packing of personal and household effects
prior to its removal or to arrange storage,
(ii) up to one day
for the combined purpose of cleaning the premises being vacated and/or
occupying their new premises.
13.6 Removal expenses
on Retirement, Redundancy or Death
(a) If staff retire,
accept a voluntary redundancy or die at a place other than the place of their
original headquarters, then the RTA will reimburse the costs actually and
necessarily incurred in removing personal and household effects, together with
associated transit insurance, to a location of their choice, or as specified by
their next of kin or executor of their estate in the case of death, provided:
(i) the costs
claimed do not exceed the cost had the effects been moved to the original
headquarters,
(ii) the relocation
is effected within 12 months of the date of retirement, voluntary redundancy or
death and written application is made by the widow or widower, and
(iii) in the case of
voluntary redundancy only, the staff member has not rejected an offer of
redeployment.
(b) Any separate
claim made by the staff member’s children or dependant relatives will be
considered by the RTA provided that full particulars for the reason for special
consideration are supplied.
13.7 Remote Areas
Allowance
(a) The remote areas
allowance rates set out in Item 13 of Table A and discussed in this clause are
the rates payable per annum.
(b) Staff whose
headquarters and residence are in an area upon or west of a line starting from
a point on the bank of the Murray River opposite Swan Hill, which then extends
by straight line passing through the following towns in order, namely, Conargo,
Coleambally, Hay, Rankin’s Springs, Marsden, Condobolin, Peak Hill, Nevertire,
Gulargambone, Coonabarabran, Wee Waa, Moree, Warialda, Ashford, and Bonshaw are
paid a remote areas allowance at Grade A.
(c) Staff whose
headquarters are in Deniliquin are also paid the Grade A Allowance.
(d) Grade B
Allowances will be paid to staff whose headquarters and residence are at
Angledool, Barrigun, Bourke, Brewarrina, Clare, Enngonia, Goodooga, Ivanhoe,
Lake Mungo, Lightning Ridge, Louth Mungindi, Pooncarie, Redbank, Walgett,
Wanaaring, Weilmoringle, White Cliffs, Wilcannia and Willandra.
(e) Grade C
Allowances will be paid to staff whose headquarters and residence are at Fort
Grey, Mootwingee, Mount Wood, Nocoleche, Olive Downs, Tibooburra and Yethong.
(f) Staff will be
paid the dependant rate, set out at Item 13 of Table A, if their dependants
also reside in the defined remote area.
13.8 Fares Subsidy -
Remote Areas
(a) Staff who are
located in an area for which a remote areas allowance is paid are paid a
subsidy towards the cost of fares incurred when taking annual leave away from
that area.
(b) The fares
subsidy is paid once in every 12 month period, calculated from the date the
staff member takes up work in the area.
(c) A fares subsidy
entitlement not taken in one year is forfeited and can not be carried over to
enable a staff member to make two claims in the following year.
(d) Staff who travel
by public transport are paid the lesser of:
(i) actual costs,
less the amount set out at Item 14(a) of Table A; or
(ii) up to a
maximum of the amount set out at Item 14(b) of Table A for the staff member and
their spouse/dependants; or
(iii) up to a
maximum of the amount set out at Item 14(c) of Table A if the staff member does
not have a spouse/dependants.
(e) Where staff
travel by private vehicle, they are paid:
(i) the Specified
Journey Rate as set out at Item 6 of Table A; or
(ii) actual and
reasonable costs in excess of the amount set out at Item 14(a) of Table A,
whichever is the lesser, up to the maximum specified in
14(c) of Table A.
(f) Travel
subsidies are based on the cost of a return journey from headquarters to Sydney
by the most practical and economic means of public transport available, or
elsewhere not exceeding the cost of a return journey to Sydney
(g) There is no entitlement
for reimbursement of taxi fares or meals.
(h) Unless otherwise
approved, staff are only paid the fares subsidy when they proceed on a period
of leave that would entitle them to the payment of annual leave loading (ie,
ten consecutive working days one day of which is annual leave).
13.9 On-Call Allowance
(a) Staff are paid
an on-call allowance when directed to be on-call.
(b) When on-call
staff are required:
(i) to be available
outside of ordinary working hours,
(ii) to respond to
an emergency/breakdown situation in a reasonable time agreed with management,
and
(iii) to remain in a
fit state, unimpaired by the effects of alcohol or drugs.
(c) Staff who are
on-call are not required to remain at their permanent residence but must be
able to be contacted immediately.
(d) The rate of the
on-call allowance is set out at Item 15 of Table A.
(e) Staff who are
on-call are not entitled to a disturbance allowance.
13.10 Disturbance
Allowance
(a) Staff may be
contacted outside of normal work hours to assist with or co-ordinate a response
to an emergency and/or breakdown without being required to attend the emergency
and/or breakdown. Staff may be
contacted to put into place emergency arrangements by contacting other staff to
attend an incident or providing advice in response to an emergency situation.
(b) The disturbance
allowance is:
(i) paid at a
minimum of one hour of the ordinary hours rate
(ii) not paid if
the staff member’s salary exceeds the top step of Engineer Level 4.
(c) The disturbance
allowance is payable under the following arrangements:
(i) for workers on
standard hours or flexitime, between the hours of 8.00 pm and 6.00 am Monday to
Friday, all day Saturdays, Sundays, public holidays and accrued days off,
(ii) for shift
workers, two hours after the completion of a shift, two hours prior to the
commencement of a shift and all day for rostered days off and accrued days off.
(d) Where more than
one telephone call is received or made within the hour, only one hourly payment
is paid.
13.11 Relieving in a
Higher Grade
13.11.1 Higher
Duties Allowance
(a) If staff have
approval to relieve in a higher graded position for one continuous period of
five working days or more and are instructed to perform the whole of the duties
of the position, they are paid the minimum salary of the higher graded position
for the full period of relief.
(b) Where, in any
one period of relief, staff have approval to relieve in a higher graded
position for five consecutive working days or more and do not perform the whole
of the duties of the higher graded position they are paid a percentage, as
determined by the RTA, of the minimum salary of the higher graded position.
(c) A salary is not
reduced when staff are directed to relieve in a lower graded position.
(d) Staff who are
entitled to a higher duties allowance will continue to be paid the allowance
when they are absent for less than five consecutive working days (or equivalent
for part-time staff).
(e) Staff who have
relieved for 12 months or more in a higher graded position and continue to
relieve in that position are paid the allowance for all paid leave taken during
the period of relief, after the first 12 months.
13.11.2 Higher
Duties Allowance - Part-Time Arrangements
(a) Staff relieving
in a higher graded position whose position holder is either a part-time staff
member or has taken a period of leave on a part-time basis, are paid the higher
duties allowance when having worked the equivalent of five complete working
days in the higher graded position.
(b) Part-time staff
relieving in a higher graded position for the part time equivalent of five
complete working days are paid the higher duties allowance on a pro-rata basis,
based on the number of hours worked.
13.11.3 Incremental
Progression
(a) Staff relieving
in a higher graded position for 12 months or more may progress, by payment of a
personal allowance, to the next incremental step of the higher graded position,
providing that the staff member has received 100 per cent of the higher duties allowance
continuously during the previous 12 months.
(b) Where the
allowance has been discontinued during a period of leave, the increment is
delayed by a period of time corresponding to the period or periods of leave
taken.
(c) Where periods of
relief in a higher graded position or positions are broken, the periods may be
aggregated, irrespective of the nature of the work of the position(s). The
aggregated periods are regarded as continuous service for the purpose of
incremental progression within the position(s), provided that:
(i) only periods
where the staff member’s salary and the allowance of the higher position is
greater than or equal to the salary of the new position are counted,
(ii) any period of
leave during which the allowance was not paid is discounted, and
(iii) aggregation
does not extend over any break in excess of six months.
14. Trade Union
Activities and Union Membership Fees
14.1 General
Generally, staff who wish to undertake APESMA
activities must do so outside their working hours and at their own
expense. Activities include discussing
APESMA business with APESMA members or attending APESMA meetings.
14.2 APESMA Delegate -
Release from Work
(a) APESMA delegates
are entitled to be released from work for a reasonable amount of time to
undertake any of the activities specified in clause 14.3 providing that there
is no industrial action being undertaken in the RTA in relation to the matter
being discussed.
(b) Delegates who
participate in industrial action in relation to the matter being discussed are
regarded as being absent from work and are not entitled to any form of leave.
14.3 APESMA Delegate -
on Duty Activities
(a) APESMA delegates
are entitled to be released from work to undertake the following activities:
(i) meetings with
RTA management or management representatives,
(ii) meetings of
the workplace Occupational Health and Safety (OH&S) Committee and
participation in all official activities relating to the functions and
responsibilities of elected OH&S Committee members at a place of work as
provided by the Occupational Health and Safety Act 2000 (NSW) and Regulations.
(iii) giving
evidence in court on behalf of the RTA,
(iv) appearing as a
witness before the Government and Related Employees Tribunal (GREAT),
(v) representing
APESMA before GREAT as an advocate or as a Tribunal Member,
(vi) by agreement
with management and where operational requirements allow, a reasonable amount
of preparation time is to be provided before:
1. meetings with
management,
2. disciplinary or
grievance meetings when an APESMA member requires the presence of a union
delegate.
(b) Time spent in
these approved activities is considered time worked.
14.4 APESMA Delegate -
Special Leave Activities
(a) APESMA delegates
are granted paid special leave to attend the following activities during
ordinary working hours:
(i) annual or
biennial conferences of APESMA,
(ii) meetings of
APESMA‘s Executive, Committee of Management or Councils,
(iii) annual
conference of Unions NSW and the biennial Congress of the Australian Council of
Trade Unions,
(iv) attendance at
meetings of Unions NSW involving APESMA which requires their attendance,
(v) assisting
APESMA’s counsel or acting as APESMA’s advocate,
(vi) giving evidence
before an Industrial Tribunal as a witness for APESMA, and
(vii) reasonable
travelling time to and from conferences or meetings in respect of the
abovementioned activities.
(b) Only in the
circumstances listed below may special leave be granted to staff members
undertaking trade union activities during their ordinary working hours. In these circumstances, the grant of special
leave:
(i) Is at the
convenience of the RTA;
(ii) Must be
confined to a minimum of staff;
(iii) Is for the
minimum necessary period;
(iv) Is only for
union activities that cannot be undertaken outside of normal working hours;
(v) Is dependent
upon an application having been made to the RTA in advance
(vi) Is not to incur
liability to the RTA for expenses including but not limited to fares, overtime,
travelling compensation, travelling and sustenance allowances and meal money;
(vii) Is not to
extend beyond the standard hours for the staff member for that day.
14.5 APESMA Delegate -
Travelling and Other Costs
(a) Where the RTA
calls a meeting:
(i) APESMA
delegates who are from offices located in regional NSW must make use of
available technology to attend the meeting such as tele-conferencing or
video-conferencing facilities;
(ii) Where
teleconferencing or video-conferencing facilities are unavailable, or the RTA
approves physical attendance at the meeting, APESMA delegates who are from
offices located in regional NSW are to be paid travel and accommodation costs
properly and reasonably incurred in accordance with clause 13.3;
(iii) APESMA
delegates are entitled to have any leave previously granted for the day on
which special leave or release from work subsequently applies to be
re-credited. If the APESMA delegate is
on a rostered day off, the RTA will consult with them to arrange an alternative
rostered day off that is mutually convenient to both the RTA and the delegate;
(iv) APESMA
delegates are not paid overtime, leave in lieu, shift penalties or other
additional costs.
(b) Except as
specified in paragraph 14.5(a)(i), all travel and other costs incurred by staff
in respect of APESMA activities must be paid by APESMA.
14.6 Loan of Services
(a) Staff may
perform work on a temporary basis at APESMA when it makes application to the
RTA because:
(i) it needs their
services, or
(ii) they are a member
of the Executive or Council of APESMA and are required by APESMA to undertake a
country tour.
(b) When proceeding
to work at APESMA, staff must complete a leave form in the usual manner which
shows the reason for absence as "On loan to APESMA".
(c) When performing
work for APESMA, the following applies:
(i) the period of
the loan counts for service in respect of all
entitlements,
(ii) the staff
member remains on the RTA’s payroll,
(iii) if the staff
member wishes to apply for leave whilst at APESMA they should make application
for leave to the RTA in the usual manner, and
(iv) APESMA is
required to meet all salary and other costs including superannuation.
14.7 Trade Union
Training Courses
(a) APESMA members
may be granted special leave up to a maximum of 12 days in a period of two
years to attend short trade union training courses or seminars which are
conducted by or with support of the Trade Union Education Foundation or APESMA.
(b) Staff are
granted special leave, subject to the following:
(i) operating
requirements permit the granting of leave and the absence does not require
employment of relief staff,
(ii) payment is
calculated at the base rate i.e. shift allowances, overtime, penalty rates etc
are not included,
(iii) staff meet
their own expenses occurred in attending such training courses or seminars,
e.g. fares, accommodation, meal costs etc,
(iv) leave granted
counts as service for all purposes,
(v) special leave
may include travelling time required during working hours to attend such
courses or seminars, and
(vi) leave
applications must be accompanied by a statement from APESMA that it has
nominated the staff member for a course or seminar.
14.8 Deduction Of
Union Membership Fees
(a) APESMA must
provide the RTA with a schedule setting out APESMA membership fees payable by
its members.
(b) APESMA must
advise the RTA of any changes to the amount of membership fees. Any variation to the schedule of APESMA
fortnightly membership fees payable must be provided to the RTA at least one
month in advance of the variation taking effect.
(c) APESMA members
can authorise the RTA to deduct their APESMA membership fees from their salary.
(d) Monies so
deducted from a salary must be forwarded to APESMA together with necessary
information to enable APESMA to reconcile and credit subscriptions to the
relevant membership account.
(e) Unless the RTA
and APESMA otherwise agree, APESMA membership fees will be deducted each salary
period from the member’s salary and forwarded to APESMA each salary period.
15. Clothing
15.1 Protective
Clothing
(a) Staff who are
required to wear protective clothing, footwear or equipment to perform work
will be provided with the protective clothing considered necessary.
(b) Disciplinary
action may be taken against staff who fail to comply with directions regarding
the use of protective clothing, footwear or equipment.
16. Professional
Development
16.1 Professional
Development Opportunities
(a) The Parties
agree that all staff will continue to be provided with the maximum
opportunities for professional development. This should occur as part of the
work and development planning process.
(b) The type of
internal and external courses provided will be determined by consultation
between APESMA and the RTA.
16.2 Professional Development
Professional development will not be limited to
internal and external training courses and may include Professional Engineers’
exchange programs, secondments, attendances at conferences, seminars or short
term study courses which have been approved by the RTA and permission granted
for the staff member to attend.
17. Salary Sacrifice
Arrangements
17.1 General
(a) Staff may
voluntarily utilise part of their pre-tax salary on agreed salary sacrifice
items, in accordance with applicable RTA policies.
(b) The RTA agrees
that salary sacrifice will be made available for appropriate items, including
superannuation.
(c) The RTA will
make information available for Staff on the salary sacrifice options available
to them.
(d) No staff will be
required to engage in salary sacrifice or prejudiced in their employment as a
result of opting not to sacrifice salary.
(e) All salary
sacrifice opportunities and commitments are subject to the applicable tax law.
18. Public and Public
Service Holidays
18.1 Public Holidays
(a) New Year’s Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s
Birthday, Labour Day, Christmas Day, Boxing Day and any other day proclaimed in
the New South Wales Government Gazette as a public holiday for the State are to
be observed as a public holiday without loss of pay.
(b) Casual staff are
not entitled to any payment while absent due to a public holiday.
(c) Staff who are
directed to work on a public holiday will be paid the rate set out in
10.2(c)(iii) for the time worked.
(d) Public Holidays
that occur during absences on approved leave are not deducted from the staff
member’s leave balance
18.2 Public Service
Holiday
(a) The public
service holiday is to be observed on a working day between Christmas Day and
New Year’s Day as nominated by the Chief Executive, without loss of pay.
(b) Casual staff are
not entitled to any payment while absent due to a public service holiday.
(c) Staff who are
required to work on the Public Service holiday may take another working day in
lieu between Christmas Day and New Year’s Day.
(d) Staff who are
required to work on the Public Service holiday and cannot take another working
day in lieu between Christmas Day and New Year’s Day are entitled to:
(i) take time off
in lieu as set out in 10.4; or
(ii) be paid the
rate of double time and one-half for time worked on the Public Service holiday.
18.3 Local Public
Holidays
Staff are entitled:
(a) to observe a
maximum of two gazetted local public holidays (or four half-days) per year
without loss of pay;
(b) to observe
gazetted local public holidays providing that the staff member works in the
local area on the working day before and the working day after a local public
holiday; and
(c) to the equivalent
paid time off in the next roster period if rostered off on a local public
holiday.
(d) Staff who work
on a local public holiday are entitled to:
(i) take time off
in lieu as set out in 10.4; or
(ii) be paid at the
rate of double time and one-half.
18.4 Entitlements For
Part-Time Staff
(a) In addition to
the provisions of clauses 18.1, 18.2 and 18.3, staff who:
(i) usually work
the day on which a public holiday falls are entitled to observe the public
holiday and be paid their ordinary rate of pay;
(ii) do not usually
work the day on which a public holiday falls are not entitled to be paid.
(b) Staff who are
directed to work on a Public Holiday or public service holiday will be paid as
set out in 18.1 (c) for time worked.
19. Dispute
Settlement and Grievance Procedures
19.1 General
The RTA and APESMA are committed to engaging in
effective consultation, both formal and informal, on matters of mutual interest
and concern, irrespective of whether or not these matters are likely to give
rise to a dispute.
19.2 Dispute
Settlement
19.2.1 Procedure
(a) Where a dispute
cannot be resolved at a local level, the matter must be referred to the Manager
of the Industrial Relations Section or other nominated officer, who will then
arrange for the matter to be discussed with APESMA.
(b) Where a dispute
cannot be settled at this level, the matter is to be referred to senior
management.
(c) If the matter
remains unresolved, the matter may be referred to the NSW Industrial Relations
Commission.
(d) While the procedures
in (a)-(c) are being followed, no stoppage of work or any other form of
limitation of work will be applied.
(e) APESMA reserves
the right to vary the above procedure where a safety factor is involved.
(f) Nothing in this
clause shall limit the right of either APESMA or the RTA to refer any matter to
the NSW Industrial Relations Commission.
19.3 Grievance
Procedure
(a) A grievance is a
personal concern about work or the work environment for which staff seek
hearing or resolution.
(b) A grievance may,
for example, relate to:
(i) allocation of
work or development opportunities,
(ii) a perceived
denial of an entitlement, or
(iii) suspected
discrimination or harassment.
(c) The RTA’s
grievance resolution policy and guidelines, as amended by the RTA from time to
time, are to be followed when a grievance arises. The current grievance resolution policy is detailed in Appendix
C.
(d) While the
policy, guidelines and procedures are being followed, normal work is to
continue.
20. Anti-Discrimination
20.1 General
(a) The parties to
this award seek to achieve the object in section 3(f) of the Industrial
Relations Act 1996 (NSW) 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.
(b) It follows that
in fulfilling their obligations under the dispute settlement procedure
prescribed in Clause 20 of 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 this award which, by its terms or
operation, has a direct or indirect discriminatory effect.
(c) Under the Anti-Discrimination
Act 1977 (NSW), it is unlawful for staff to be victimised because they have
made or may make or have been involved in a complaint of unlawful
discrimination or harassment.
(d) Nothing in this
clause is to be taken to affect:
(i) any conduct or
act which is specifically exempted from anti-discrimination legislation,
(ii) offering or
providing junior rates of pay to persons under 21 years of age,
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977 (NSW),
(iv) a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
(e) This clause does
not create legal rights or obligations in addition to those imposed upon
parties by the Anti-Discrimination Act 1977 (NSW).
(f) Staff and the
RTA may also be subject to Commonwealth anti- discrimination legislation.
(g) Section 56(d) of
the Anti-Discrimination Act 1977 (NSW) 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."
21. Occupational
Health and Safety
21.1 General
(a) The RTA and
staff will seek to comply with the NSW Occupational Health and Safety Act 2000
at all times.
(b) All staff will
take a constructive role in promoting improvements in occupational health,
safety and welfare to assist the RTA in achieving a healthy and safe working
environment.
(c) For further
details, staff should refer to the RTA’s policy and guidelines in the
Occupational Health and Safety Manual.
22. Secure Employment
22.1 General
The RTA will take all reasonable steps to provide staff
with secure employment by maximising the number of permanent positions in the
RTA, in particular by ensuring all casual employees have the opportunity to
elect to become full-time or part-time employees.
22.2 Casual Conversion
(a) Casual staff who
have had regular and systematic employment during a period of six months, have
the right to elect to have their ongoing contract of employment converted to
permanent full-time or part-time employment, if their employment is going to
continue beyond the six months.
(b) The RTA will
give staff notice in writing of the provisions of this subclause within four
weeks of them having attained six months of regular and systematic employment.
Staff will retain their right of election to permanent full-time or part-time
employment under this subclause if the RTA fails to comply with this notice
requirement.
(c) Upon receiving
notice from the RTA under paragraph (b), or after the expiry of four weeks for
the RTA to give such notice, staff may give four weeks notice in writing to the
RTA stating that they seek to elect to convert an ongoing contract of
employment to full-time or part-time employment. Within four weeks of the RTA
receiving such notice, the RTA will either consent to or refuse the election,
but will not unreasonably refuse. If the RTA refuses the election to convert,
the reasons for doing so will be fully stated and discussed with the staff
member, and a genuine attempt will be made to reach an agreement. Any dispute
about a refusal of an election to convert to an ongoing contract of employment
will be dealt with as far as practicable and with expedition through the
disputes settlement procedure.
(d) If staff do not,
within four weeks of receiving written notice from the RTA, elect to convert
their ongoing contract of employment to full-time or part-time employment, will
be deemed to have elected against any such conversion.
(e) Staff who elect
to become and have been converted to a full-time employee or a part-time
employee may only revert to casual employment by written agreement with the
RTA.
(f) Staff who elect
to have their contract of employment converted to full-time or part-time
employment in accordance with paragraph (c), must, in accordance with this
paragraph, and subject to paragraph (c), discuss with the RTA and agree upon
whether the staff member will convert to full-time or part-time employment.
(g) If it is agreed
that the staff member will become a part-time employee, the RTA and staff
member must agree upon the number of hours and the pattern of hours that will
be worked consistent with any other part-time employment provisions of this award
pursuant to a part-time work agreement made under Chapter 2, Part 5 of the
Industrial Relations Act 1996 (NSW).
(h) Provided that
the staff member has worked on a full-time basis throughout the period of their
casual employment, the staff member has the right to elect to convert their
contract of employment to full-time employment.
(i) Staff who have
worked on a part-time basis during the period of casual employment have the
right to elect to convert their contract of employment to part-time employment,
on the basis of the same number of hours and times of work as previously
worked, unless other arrangements are agreed to between the staff member and
the RTA.
(j) Following an
agreement being reached pursuant to paragraph (f), the casual staff member will
convert to full-time or part-time employment. If there is any dispute about the
arrangements for converting from casual employment to full-time or part-time
employment, it will be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(k) Staff will not
be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
22.3 Occupational
Health and Safety
(a) For the purposes
of this subclause, the following definitions will apply;
(i) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(ii) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(b) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises must do the following (either directly,
or through the agency of the labour hire or contract business):
(i) Consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(ii) Provide employees
of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required by such employees to perform their job safely;
(iii) Provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(iv) Ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(c) Nothing in this
subclause b) is intended to affect or detract from any obligation or
responsibility upon labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
22.4 Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter will be dealt with pursuant to the
disputes settlement procedure of this award.
22.5 Application
This clause has no application in respect of
organisations which are properly registered as Group Training Organisations
under the Apprenticeship and Traineeship Act 2001 (or equivalent
interstate legislation) and are deemed by the relevant State Training Authority
to comply with the national standards for Group Training Organisations
established by the ANTA Ministerial Council.
23. No Extra Claims
The parties agree that, during the term of this award,
there will be no extra wage claims, claims for improved conditions of
employment or demands made with respect to the employees covered by the award
and, further, that no proceedings, claims or demands concerning wages or
conditions of employment with respect to those employees will be instituted
before the Industrial Relations Commission or any other industrial tribunal.
The terms of the preceding paragraph do not prevent the
parties from taking any proceedings with respect to the interpretation,
application or enforcement of existing award provisions.
24. Negotiation of
Next Award
The parties agree to begin negotiations for a new award
six months prior to the expiration of this award.
Part B
Table. A - Other
Allowances
|
Item
|
Description
|
Amount
|
Source
|
|
No.
|
|
($)
|
|
|
1.
|
Meal Allowance on Overtime
|
|
|
|
|
Breakfast
|
25.80
|
HR Circular
|
|
|
Lunch
|
25.80
|
(ATO
|
|
|
Evening Meal
|
25.80
|
Determination)
|
|
2.
|
Meal Allowance while Travelling
|
|
|
|
|
Capital Cities & High Cost Country Centres
|
|
|
|
|
(refer to (4)below)
|
|
HR Circular
|
|
|
Breakfast
|
23.10
|
(ATO
|
|
|
Lunch
|
25.90
|
Determination)
|
|
|
Evening Meal
|
44.50
|
|
|
|
‘Tier 2’ Country Centres & ‘Elsewhere’
|
|
|
|
|
(refer to (4)below)
|
|
|
|
|
Breakfast
|
20.65
|
|
|
|
Lunch
|
23.60
|
|
|
|
Evening Meal
|
40.65
|
|
|
3.
|
Lodgings
|
Per Day
|
|
|
|
Location
|
($)
|
HR Circular
|
|
|
Capital Cities
|
|
(ATO
|
|
|
Sydney
|
293.35
|
Determination)
|
|
|
Adelaide
|
267.35
|
|
|
|
Brisbane
|
311.35
|
|
|
|
Canberra
|
255.35
|
|
|
|
Darwin
|
282.35
|
|
|
|
Hobart
|
227.35
|
|
|
|
Melbourne
|
283.35
|
|
|
|
Perth
|
274.35
|
|
|
|
High Cost Country Centres
|
|
|
|
|
|
Gold Coast (Qld)
|
245.35
|
|
|
|
|
Newcastle
|
242.85
|
|
|
|
|
Maitland
|
221.85
|
|
|
|
|
Port Macquarie
|
225.35
|
|
|
|
|
Wagga Wagga
|
227.85
|
|
|
|
|
Tier 2 Country Centres (NSW)
|
|
|
|
|
|
Bathurst
|
208.75
|
|
|
|
|
Broken Hill
|
208.75
|
|
|
|
|
Dubbo
|
208.75
|
|
|
|
|
Orange
|
208.75
|
|
|
|
|
Wollongong
|
208.75
|
|
|
|
|
All other Country Centres (NSW)
|
|
|
|
|
|
Elsewhere
|
193.75
|
|
|
|
4.
|
Incidentals allowance (all locations)
|
16.85/day
|
HR Circular
|
|
|
|
|
|
(ATO
|
|
|
|
|
|
Determination)
|
|
|
5.
|
Official Business Rate:
|
|
|
|
|
|
Over 2,601cc
|
0.75/km
|
HR Circular
|
|
|
|
|
|
from (DPC
|
|
|
|
1,1601-2,600cc
|
0.74/km
|
Circular -
|
|
|
|
|
|
CPI)
|
|
|
|
Under 1600cc
|
0.63/km
|
|
|
|
|
|
|
|
|
|
6.
|
Specified Journey Rate
|
|
|
|
|
|
|
|
HR Circular
|
|
|
|
Over 2,601cc
|
0.30/km
|
(Expenses/
|
|
|
|
|
|
Allowances
|
|
|
|
1,1601-2,600cc
|
0.296/km
|
Policy)
|
|
|
|
|
|
|
|
|
|
Under 1600cc
|
0.252/km
|
|
|
|
|
|
|
|
|
|
7.
|
Maximum allowance for staff separated from dependants
|
254/week
|
Relocation
|
|
|
|
|
|
Expenses
|
|
|
|
|
|
10.3.11
|
|
|
|
|
|
(TECA)
|
|
|
8.
|
Allowance for removal of furniture
|
|
|
|
|
(a)
|
Value of furniture
|
7037
|
Relocation
|
|
|
|
|
|
Expenses -
|
|
|
(b)
|
If value of furniture more than amount in 8(a) staff
receive
|
1126
|
|
|
|
|
|
|
|
|
|
(c)
|
If value of furniture less than amount in 8(a), staff
receive
|
563.00
|
Policy 10.3.5
|
|
|
|
|
|
(TECA)
|
|
|
(d)
|
If the household effects are less than a substantial
|
281.00
|
|
|
|
|
portion
|
|
|
|
|
|
of what constitutes normal household furniture,
|
|
|
|
|
|
furnishings
|
|
|
|
|
|
and fitting, staff are not eligible and shall receive
|
|
|
|
|
|
|
|
|
|
|
9.
|
Max purchase price of home on which reimbursement
|
520,000.00
|
Relocation
|
|
|
of expenses is based
|
|
Expenses
|
|
|
|
|
Policy (TECA)
|
|
10.
|
Maximum value of furniture and effects on which risk
|
|
Relocation
|
|
|
insurance is paid
|
38,000.00
|
Expenses
|
|
|
|
|
Policy
|
|
|
|
|
10.3.4 (TECA)
|
|
11.
|
Rental subsidy: Max amount of allowance to offset
|
|
Relocation
|
|
|
increased costs
|
51.00
|
Expenses
|
|
|
|
|
Policy
|
|
|
|
|
103.13 (TECA)
|
|
12.
|
|
|
Relocation Expenses
|
|
(a)
|
Board and lodging of children: Staff member to pay first
|
27/week
|
Policy
|
|
(b)
|
RTA pays up to a maximum of:
|
56/week
|
10.3.9 (TECA)
|
|
13.
|
Remote areas allowance (with dependants)
|
|
HR Circular
|
|
|
A
|
1750.00
|
Expenses/Allowance
|
|
|
B
|
2322.00
|
s
|
|
|
C
|
3100.00
|
Policy 10.2.15
|
|
|
|
|
|
|
|
Remote areas allowance (without dependants)
|
|
|
|
|
A
|
1221.00
|
(DPC Circular, CPI)
|
|
|
B
|
1627.00
|
|
|
|
C
|
2171.00
|
|
|
14(a)
|
Fares subsidy for climatic area - actual cost less
|
43.15
|
HR Circular
|
|
|
Or
|
|
|
|
14(b)
|
Maximum amount for officer with spouse/dependents
|
289.00
|
|
|
|
Or
|
|
|
|
14(c)
|
Maximum amount for officer without
|
142.70
|
|
|
|
spouse/dependents
|
|
|
|
15.
|
On call allowance
|
66.00 per
|
Per HR
|
|
|
|
day
|
Circular
|
|
|
|
Mon - Fri
|
|
|
|
|
100.00 per
|
|
|
|
|
day -
|
|
|
|
|
Sat, Sun,
|
|
|
|
|
P. Hol
|
|
|
16.
|
Temporary accommodation beyond first 8 weeks:
|
16.85/week
|
Re-location
|
|
|
Actual and reasonable out of pocket expenses for board
|
|
Expenses
|
|
|
and lodging less the amount for incidentals:
|
|
Policy 10.3.011
|
|
|
|
|
|
|
**Movements in the allowances referred to above will be
increased from time to time in accordance with the corresponding source
document from a date notified by the RTA.
For the avoidance of doubt nothing in this Award incorporates the source
document into the Award.
APPENDIX A
Calculation. of Overnight Expenses
General
The rates of overnight expenses generally reflect the
cost of meals and accommodation at a particular location. Consequently, different daily rates apply to
each capital city in Australia and to selected high cost regional centres and a
single rate applies to all other country locations.
Expenses are paid from the time of departure from
headquarters or permanent residence up to the time the staff member arrives
back at their headquarters or permanent residence.
When calculating expenses, the location of the
overnight stay will dictate the daily allowance rate that will apply and the
time of departure from each location will dictate the change from one rate to
another.
Examples
1. Travel to a
Single Destination
A staff member travels from their permanent residence
at Grafton to attend a series of meetings in Sydney necessitating an overnight
stay. The staff member departs Grafton
at 6.00am and arrives back at their permanent residence at 6.00 pm the
following day.
Calculation of expenses
Staff are entitled to claim 1 day 12 hours at the
Sydney expense rate.
2. Travel
itinerary involving overnight stays at a number of locations
A staff member travels for work purposes from their
headquarters in Sydney staying overnight at Newcastle, and Bathurst before
returning to Sydney. In this example,
the location of the overnight stay will dictate the daily allowance rate that
will apply and the time of departure from each location will dictate the change
from one rate to the next.
The itinerary is as follows:
Day 1 - depart Sydney at 7.00am. Meetings at Newcastle. Overnight Newcastle.
Day 2 - depart Newcastle at 8.00am. Travel to Bathurst for meetings. Overnight Bathurst.
Day 3 - depart Bathurst midday. Travel to Sydney arriving at permanent
residence at 5.00pm.
Calculation of Expenses
1 day and 1 hour at the Newcastle expenses rate, i.e.
from time of departure at Sydney on day 1 (7.00am) to the time of departure
from Newcastle on day 2 (8.00am); and
1 day and 9 hours at the Bathurst expenses rate, i.e.
from time of departure from Newcastle (8.00am) to time of departure from
Bathurst (12pm) and travel back to Sydney (5pm).
APPENDIX B
Professional Engineers Salary Scale
|
Salary Scale
Engineering grade/level
|
|
2.5% increase
operative first full pay
|
|
|
|
period on or after
|
|
|
|
1 July 2011 ***
|
|
Cadet engineer level 1
|
|
35,345
|
|
Cadet engineer level 2
|
|
37,385
|
|
Cadet engineer level 3
|
|
39,664
|
|
Cadet engineer level 4
|
|
42,171
|
|
Cadet engineer level 5
|
|
45,428
|
|
Cadet engineer level 6
|
|
45,896
|
|
|
|
|
|
GRAD Program Engineer
|
1
|
64,875
|
|
GRAD Program Engineer
|
2
|
66,972
|
|
GRAD Program Engineer
|
3
|
68,180
|
|
|
|
|
|
Engineer Level 1
|
1
|
75,755
|
|
Engineer Level 1
|
2
|
78,430
|
|
Engineer Level 1
|
3
|
79,951
|
|
Engineer Level 1
|
4
|
83,231
|
|
Engineer Level 1
|
5
|
86,607
|
|
Engineer Level 1
|
6
|
89,313
|
|
|
|
|
|
Engineer Level 2
|
1
|
93,420
|
|
Engineer Level 2
|
2
|
96,106
|
|
Engineer Level 2
|
3
|
100,430
|
|
|
|
|
|
Engineer Level 3
|
1
|
102,964
|
|
Engineer Level 3
|
2
|
107,026
|
|
Engineer Level 3
|
3
|
112,523
|
|
|
|
|
|
Engineer Level 4
|
1
|
116,002
|
|
Engineer Level 4
|
2
|
121,050
|
|
Engineer Level 4
|
3
|
123,774
|
|
|
|
|
|
Engineer Level 5
|
1
|
131,016
|
|
Engineer Level 5
|
2
|
134,844
|
|
Engineer Level 5
|
3
|
139,556
|
|
Engineer Level 6
|
1
|
143,722
|
|
Engineer Level 6
|
2
|
147,444
|
|
Engineer Level 6
|
3
|
154,510
|
*** All salaries in this table include 1.35% annual
leave loading
APPENDIX C
Grievance.
Resolution
Policy:
The Authority's grievance resolution policy provides a
system for handling internal grievances which:
recognises the right of an individual to raise any
concern about work-related issues and expect a prompt and fair response;
encourages appropriate behaviour in the workplace; and
raises and maintains high standards of morale and work
satisfaction by providing a work environment where the full potential of each
staff member can be realised.
All managers and supervisors have a responsibility to
identify and resolve, as far as possible, causes of stress to workers under
their control without waiting for a grievance to be expressed first. Every staff member has a responsibility to
avoid treating co-workers in a way that will cause distress.
|
Coverage:
|
All staff.
|
|
|
|
|
Delegation:
|
Supervisor.
|
|
|
|
|
Enquiries:
|
Human Resources Managers
|
|
|
|
|
File number:
|
CHN I&E 90/2235
|
Guidelines:
Definitions
Grievant
The staff member who raises the grievance is referred
to as the grievant. For each grievance there may be one or more grievants.
Respondent
The staff member who is alleged to have acted unfairly or
in a discriminatory manner or is alleged to be the instigator of the cause of
the grievance is referred to as the respondent. There may be more than one
respondent in any one grievance situation.
Grievance Advisers
The role of a grievance adviser is to listen to a
grievance, offer advice and clarify the facts of the matter in order to assist
the grievant to decide upon appropriate action. The grievance adviser may also
participate in any discussions or mediation as a support person but not as an
advocate for the grievant. The grievance adviser does not have responsibility
for resolving grievances through action
or decision. This responsibility rests with the appropriate supervisor or
manager.
Staff members holding the following positions within
the Authority have been nominated as grievance advisers to provide individuals
with greater flexibility in seeking advice on any work-related problem:
Human Resources Managers
EEO Manager
Spokeswomen
Women's Liaison Officer
Director of Affirmative Action
Grievance Contact Persons
General Principles of Grievance Resolution
These grievance resolution guidelines are based on the
following general principles:
staff involved in grievance resolution should have
access to training;
whenever possible, the immediate supervisor or manager
should be informed, in the first instance, of the grievance so that appropriate
action can be taken;
staff members must have an appropriate degree of choice
about whom to approach with a grievance and desirably, have a choice of
actions;
grievances can be raised either orally or in writing;
grievances are to be resolved as promptly as
practicable;
where a grievance necessarily requires time for
investigation, an initial response advising of proposed action is to be made to
the grievant within two days of the grievance being notified. The investigation
is to be completed within a reasonable time-frame (usually no longer than four
weeks);
all functional managers will handle grievances with
understanding, care and consideration;
the rights of every person involved are protected;
the grievant has control of the resolution process,
except in certain cases, such as, where the Authority may be liable or criminal
charges may be laid;
other staff may become involved in grievance resolution
as and when required or in order to provide specialised assistance or to meet
the special needs of EEO target group members;
the confidentiality and the integrity of every person
involved will be maintained;
victimisation of any person involved is totally
unacceptable; and
wherever possible, resolution should be determined in a
way that is satisfactory to those involved, and most importantly to the
grievant.
Interpreters
Language and sign interpreters are available, and
should be used where necessary, at any stage of the grievance process. Only
professional interpreters should be used in order to minimise risks to privacy
and of error. Where a non-professional interpreter raises a grievance on behalf
of another person, eg. a friend or colleague, a minimum amount of information
to identify that a complaint is being made should be heard. The
non-professional interpreter may then only continue to play a part as a support
person if requested to do so by the grievant.
External Referral Sources
Staff members have the right to choose whether to use
the internal grievance mechanism or an external body. They may approach either or both at any time during the course of
the grievance. Sources of external assistance are not necessarily limited to
those listed below which are included as a guide only.
Associations/Unions
Anti-Discrimination Board of NSW
Government and Related Employees Appeal Tribunal
(GREAT)
Industrial Commission
Ombudsman
Privacy Committee of NSW
If a staff member approaches an external body during
the course of a grievance, the Authority should be advised.
Protection
A grievant is protected against any action for
defamation by the defence of qualified privilege, provided the grievance is
raised in accordance with these established procedures and does not
intentionally make a malicious or substantially frivolous complaint.
Any staff member who carries out grievance resolution
in accordance with established procedures, or is required to prepare a report
concerning another member of staff is protected against any action for
defamation by the defence of qualified privilege provided that they:
act in accordance with these established procedures;
are not actuated by malice; and
do not publish or make information about the grievance
available to persons who have no legitimate interest in receiving it.
The grievant should not publish or make information
concerning the grievance available to persons who have no legitimate interest in
receiving it.
Documentation
Resolution of grievances should be handled as simply as
possible. Informal notes should be brief, factual and avoid personal opinions.
All parties involved should be given the opportunity to sight and endorse all
material, which should be kept confidential and separate to personal files.
Where the grievance is settled informally within the Authority, the
documentation should be destroyed on settlement. If an external body is used
for a formal settlement, the documentation should be kept for 5 years.
Notations are not to be made on personal files unless a
disciplinary charge has been found proved, in which case the results of the
charge should only be placed on the personal file of the person charged.
Training
Training courses specifically on the resolution of
grievances will be made available to grievance advisers and as many staff
members likely to be involved in the resolution of grievances as possible.
Grievance Resolution
A grievance should only be regarded as satisfactorily
resolved where the outcome is fair having regard to:
any damage and suffering sustained;
the prognosis for the future; and
improvement of the immediate circumstances which gave
rise to the grievance.
The resolution to a grievance must be lawful.
In some cases a final determination may be reached
which does not fully resolve the grievance, or there is no possible action
which can be taken but the parties accept this.
A grievance is also considered concluded although not resolved
when a grievant chooses to withdraw.
In terms of this policy, a respondent has a right to
expect that any penalty or disciplinary action will be appropriate to the
degree of culpability or fault if proven or substantiated, having regard to any
damage or suffering sustained by the grievant, and the potential for future
problems.
Appeal Right
Any staff member who is dissatisfied with his or her
treatment in terms of these procedures may appeal to the Director or Chief
Executive for a re-examination of the decision. This appeal right does not in
any way diminish a staff member's right to seek the assistance or
representation of their trade union or association in the matter.
Procedures:
Any manager, supervisor or grievance adviser consulted
by a grievant should:
listen and be sympathetic to any distress exhibited by
the grievant;
be aware of their own limitations and the grievant's
insecurity and fears as to the possible repercussions of lodging a grievance;
clarify the facts of the grievance;
if acting as grievance adviser, offer counsel and
advice and refer the grievant to an appropriate functional manager. Normally
this would be the grievant's immediate supervisor or manager unless there is
good reason for the referral to be made to a more senior manager. Examples of
the latter might be where the immediate supervisor/manager is absent or is the
respondent;
if supervisor or manager, take appropriate steps to
investigate and resolve the grievance;
ensure the confidentiality and protection of all
parties involved;
wherever possible, take account of the grievant's
wishes for the process of resolution;
ensure the right of the respondent to be heard before
any decision is made; and
if resolution is not possible, conclude the grievance by
advising the grievant of the reasons, the right of appeal and external options.
D.W.
RITCHIE, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.