Sydney
Catchment Authority Consolidated Award 2011 - 2012
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Sydney
Catchment Authority.
(No. IRC 1472 of 2011)
|
Before Commissioner
Bishop
|
12 September 2011
|
AWARD
CONTENTS
Clause No. Subject Matter
PART I -
APPLICATION AND OPERATION OF AWARD
1. Statement
of Intent
2. Title,
Application and Duration
2.1 Title
2.2 Application
2.3 Commencement and duration
3. Definitions
4. Anti-discrimination
PART II -
EMPLOYMENT RELATIONSHIP
5. Employment
5.1 Status of employment
5.1.1 Permanent employees
5.1.2 Casual employees
5.1.3 Temporary employees
5.1.4 Part-time employees
5.2 Appointment on probation
5.3 Medical examinations
5.4 Payment of money owing to the employee in case of death
5.4.1 Payment of unpaid monies
5.4.2 Advance payments
5.5 Advice of absences
5.6 Abandonment of employment
6. Termination
6.1. Termination by employee
6.2 Termination by Employer
7. Misconduct
7.1 Definitions
7.2 Procedural guidelines
7.3 Dealing with allegations of misconduct
7.4 Misconduct proven
7.5 Misconduct not proven
7.6 Report of charges and convictions for serious offences
8. Employer’s
right to deduct pay and time lost
8.1 Through no fault of the Employer
8.2 Through fault of the Employer
8.3 Stand down orders
PART III - PAY AND
RELATED MATTERS
9. Job
Evaluation
10. Rates of
Pay
11. Transition
Arrangements
11.1 Senior Managers
11.2 Engineering and Scientific positions
12. Pay on
appointment
13. Payment of
monies due
14. Salary
sacrifice to superannuation
15. No
assignment of pay
16. The
performance management system
16.1 Performance agreements and performance assessment
16.1.1 Performance agreements
16.1.2 Performance assessment
16.2 Learning agreements
16.3 Performance pay
16.4 Managing poor performance
16.4.1 Performance is assessed as Unsatisfactory
16.4.2 Continuing Unsatisfactory performance
16.5 Commencement and operation of performance pay
17. Temporary
relief arrangements
17.1 Filling temporary vacancies
17.2 Rate of payment while on temporary relief
17.3 Conditions
17.4 Progression
PART IV - HOURS OF
WORK AND RELATED MATTERS
18. Hours of
work
18.1 Purpose
18.2 Usual spread of hours
18.3 Ordinary hours of work
18.4 Working patterns
18.4.1 Eligibility
18.5 Initial approval process
18.6 Change to approved working patterns
18.6.1 Manager initiated change
18.6.2 Employee initiated change
18.7 Taking rostered days off
18.8 Accrual of rostered days off
18.9 Core hours and attendance
18.10 Variation of hours
19. Meal breaks
19.1 Monday - Friday
19.2 Meal breaks during overtime Monday to Friday
19.3 Saturdays, Sundays or Public Holidays
19.4 Variation to meal breaks
20. Rest breaks
21. Overtime
21.1 Requirement to work additional hours
21.2 Eligibility
21.3 Rate of payment
21.4 Salary for overtime purposes
22. Call-Out
22.1 Employee required to leave home
22.2 Call-out without employee leaving home
23. Stand-by
23.1 Purpose
23.2 Stand-by payments
23.3 Overtime worked in conjunction with stand-by
24. Travelling
Time
24.1 Definitions
24.2 Entitlements
25. Declared
incident conditions
25.1 Definitions
25.2 Application and inconsistency with other provisions of the Award
25.3 Rest breaks and fatigue management
25.4 Provision of accommodation
25.5 Call-out
25.6 Entitlements
25.6.1 Incident Control, operational and support
functions
25.6.2 Site duties - First 24
hours
25.6.3 Site duties - 7 day roster
25.6.4 Site duties - night shift
25.6.5 Meal breaks and meal allowances
25.6.6 Travelling time
PART V - LEAVE AND
PUBLIC HOLIDAYS
26. Public holidays
26.1 Entitlements
27. Recreation
leave
27.1 Entitlement
27.2 Taking of leave
27.3 Conserved leave
27.4 Payment for leave
28. Recreation
leave loading
28.1 Entitlement
29. Long
service leave
29.1 Definitions
29.2 Entitlement
29.2.1 Full-time employees
29.2.2 Part-time employees
29.2.3 Casual employees
29.3 Taking of leave
29.4 Accrual of leave
29.5 Pro-rata entitlement on termination
29.6 Payment for leave.
30. Sick leave
30.1 Purpose of sick leave
30.2 Amount of leave
30.3 First year of service
30.4 Part-time employees
30.5 Temporary employees
30.6 Taking of sick leave
30.7 Notice of illness
30.8 Provision of medical certificate
30.9 Supplement to workers compensation payments
30.10 Payment for sick leave
30.11 Illness whilst on recreation or long service leave
30.12 Workers compensation
30.13 Claims other than workers compensation
30.14 Sick leave without pay
31. Carer’s
leave
31.1 Use of sick leave
31.2 Leave without pay for carer’s leave purposes
31.3 Annual leave taken for carer’s leave purposes
31.4 Time off in lieu of overtime
31.5 Make up time
31.6 Rostered days off
32. Family and
community service leave
32.1 Purpose
32.2 Entitlement
32.3 Carer’s Leave and Family & Community Service leave
32.4 Other leave
33. Maternity
leave
33.1 Entitlements
33.1.1 Paid maternity leave
33.1.2 Unpaid maternity leave
33.1.3 Notice of expected date of birth, amount of
leave and return to work
33.1.4 Taking paid maternity leave
33.1.5 Payment for maternity leave
33.2 Other Conditions
33.2.1 Pregnancy related illness, miscarriage, still
birth, or death of new born
33.2.2 Right of return to former position
33.2.3 Temporary transfer to a "safe" job
33.3 Effect of maternity leave on all types of leave
34. Adoption
leave
34.1 Definitions
34.2 Entitlements - paid adoption
leave
34.2.1 Paid short adoption leave
34.2.2 Eligibility
34.2.3 Notices and documents required to be given to Employer
34.2.4 Payments for leave
34.3 Entitlements - unpaid adoption leave
34.3.1 Unpaid extended adoption leave
34.3.2 Conditions
34.3.3 Notices
and documents required to be given to Employer
34.3.4 Right of return to former position
34.3.5 Variation of adoption leave
34.4 Effect of adoption leave on other leave entitlements
35. Parental
leave
35.1 Entitlements
35.2 Premature birth
35.3 Still birth
35.4 Right of return to former provision
35.5 Effect of paternity leave on other leave entitlements
36. Union
training leave
36.1 Purpose
36.2 Entitlements
36.2.1 Full-time employees
36.2.2 Part-time employees
36.2.3 Temporary employees
36.2.4 Conditions
36.2.5 Taking of leave
36.2.6 Payment for leave
37. Emergency
services leave
37.1 Fire fighting
37.2 Emergency operations
37.3 Certificates of attendance
37.4 Emergency services courses
38. Military
leave
38.1 Entitlement
38.2 Medical examinations
38.3 Conditions
38.4 Former Armed Services Personnel
39. Jury
service leave
39.1 Entitlement
39.2 Payment for leave
40. Leave
without pay
PART VI -
ALLOWANCES AND REIMBURSEMENTS
41. Travel
allowances
41.1 Conditions
41.2 Entitlements
41.2.1 Accommodation and meals not provided
41.2.2 Accommodation and meals provided by Employer
41.2.3 Accommodation but no meals provided by Employer
41.2.4 Transport
42. Overtime
meal allowances
43. Fire
fighting allowance
44. Camping
allowance
45. First aid
allowance
46. Community
language allowance
47. Reimbursement
of out of pocket expenses
48. Tools and
equipment to be supplied by the employer
49. Protective
clothing and uniforms
50. Use of
private motor vehicle
51. Damage to
private property
52. Renewal of
licences
53. Health and
safety of employees
54. Salary
packaging
55. Delegates’
rights
56. Employees
on union and/or consultative committee business
PART VII - SENIOR
MANAGERS
57. Senior
managers
57.1 Application
57.2 Terms and conditions
57.3 Alternate dispute resolution
57.4 Termination
PART VIII -
CONSULTATION AND DISPUTE RESOLUTION
58. consultative
procedures
58.1 Commitments
58.2 Proposals for change
58.3 Principles
58.3.1
58.3.2
58.3.3
58.3.4
58.3.5
58.3.6
58.4 Process
58.4.1
58.4.2
58.4.3
58.4.4
58.4.5
58.4.6
59. Dispute
resolution procedures
59.1 Objectives
59.2 Processes
Schedule 1 - Rates of Pay
Schedule 2 - Summary - Allowances
Schedule 3 - Secure Employment
PART I - APPLICATION AND OPERATION OF AWARD
1. Statement of
Intent
(a) Parties to this
Award have the mutual intent to create work place and employment conditions
that are consistent with the objectives of the Employer, Unions representing
employees, the Employer's partners and other stakeholders.
(b) The parties are
committed to continuous improvement in the workplace. This award provides the
framework for ongoing organisational reform in order to achieve the objectives
of the Sydney Catchment Authority (SCA).
(c) In achieving
these objectives the Employer acknowledges the role of unions to represent
their members and their industrial interests in conferring on the change
process, together with the valuable contributions the unions and employees make
to improve efficiency and business performance.
(d) The Award
recognises that the size, skills and scope of the workforce, will be determined
by the SCA’s needs in consultation with the parties to the Award.
(e) The Award
operates in conjunction with the relevant legislation, as amended from time to
time, including:
(i) Sydney Water
Catchment Management Act 1998
(ii) Work Place
Injury And Illness Management Act 1998
(iii) Occupational
Health and Safety Act 2000
(iv) Anti-Discrimination
Act 1977
(v) New South
Wales Industrial Relations Act 1996, and
(vi) Any other
relevant legislation that may apply to the SCA.
(f) This Award, in
accordance with the commitments made, reflects the agreement reached between
the parties on processes and terms and conditions that will produce mutually
desirable outcomes of improved performance, appropriate conditions of
employment, flexible work arrangements, administrative efficiencies and cost
benefits to the SCA. The parties agree that, (from 1 July 2011 covering a
period of 12 months) 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 this 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 tribunal.
2. Title, Application
and Duration
2.1 Title
(a) This Award shall
be known as the Sydney Catchment Authority Consolidated Award 2011-12.
2.2 Application
(a) This Award is
binding on:
(i) The Employer in
respect of its employees, except those employees who occupy positions
designated by the Employer as Members of the Executive;
(ii) The Australian
Services Union of New South Wales; and
(iii) The
Association of Professional Engineers Scientists and Managers Australia, NSW
Branch.
2.3 Commencement and
duration
(a) This Award shall
take effect from the 12 September 2011 and shall remain in force thereafter for
a period of 12 months.
(b) The award
rescinds and replaces the Sydney Catchment Authority Consolidated Award 2005 published 20 January 2006 (356 I.G. 421).
3. Definitions
(a) "Authorised
employee" refers to an employee holding or performing the duties of a
specific office/position that is authorised to exercise decisions in accordance
with the SCA Authorisations Manual, as amended from time to time"
(b) "Chief
Executive" means the person occupying the position of Chief executive
established pursuant to Part 2 clause 9 of the Act
(c) "Group
General Manager" refers to the occupant of a position designated as
Division Manager under the SCA Authorisations Manual
(d) "Employer"
means the Sydney Catchment Authority and includes reference to the Chief
Executive or a person authorised for the purpose by the Chief Executive
(e) "Employee"
means permanent and temporary employees, whether full-time or part-time, unless
otherwise stated in the Award
(f) "FACS"
means Family and Community Service
(g) "LWOP"
means leave without pay
(h) "Manager"
means a person occupying the position identified in the employee’s Position
Description as "Positional Title of Supervisor" or
"Accountable"
(i) "Previous
Award" means the Sydney Catchment Authority Consolidated Award 2008
(j) Flexiday means
approved Days Off
(k) "Recognised
office" means all premises occupied by the Employer other than temporary
construction site accommodation erected on a construction site for the
exclusive use of a construction workforce and includes a location the employee
is specifically attached to for a period of one (1) month or more
(l) "SCA"
means the Sydney Catchment Authority constituted under the Act
(m) "The
Act" means the Sydney Water Catchment Management Act 1998, as
amended from time to time
(n) "TRP"
means Total Remuneration Package comprising cash salary and compulsory
superannuation contribution.
(o) "Unions"
mean the Australian Services Union of NSW and the Association of Professional
Engineers, Scientists and Managers Australia, NSW Branch.
4.
Anti-Discrimination
(a) It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, responsibilities as
carer and age.
(b) It follows that
in fulfilling their obligations under the dispute resolution procedure
described in this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions in 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 provisions of
this Award, which, by its terms or operation, has direct or indirect
discriminatory effect.
(c) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(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; or
(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 the
parties by the legislation referred to in this clause.
(f) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(g) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
(i) "Nothing
in the Act effects ... 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."
PART II - EMPLOYMENT RELATIONSHIP
5. Employment
5.1 Status of
employment
5.1.1 Permanent
employees
(a) The basis of
employment will be
(i) Full-time, or
(ii) Part-time.
(b) All employees
covered by this Award will be appointed by the Employer and work where
nominated from time to time by the Employer.
(c) Employees will
be required to perform the full range of related work activities equivalent to
their appointed position and field of employment. Employees may also be required to perform the duties of a lesser
nature. While employees may be required
to perform 'lower duties', this principle is not to be used as a means of
deskilling any individual or group.
5.1.2 Casual employees
(a) Engagement
(i) A person may be
engaged as a casual employee on an hourly basis to carry out:
(A) Work that is
irregular and intermittent,
(B) Work on a short
term basis, in an area requiring flexible work arrangements;
(C) Work of a
position for a short period pending the completion of the selection process for
the position;
(D) Urgent work or to
deal with an emergency.
(b) Pay and
conditions
(i) Casual
employees have no entitlement to any of the provisions contained in this Award
other than those contained in this clause.
(ii) Casual
employees are paid for hours engaged and worked.
(iii) The hourly
rate paid to a casual employee will be the hourly rate paid for a similar
full-time job.
(iv) Casual
employees will be paid a loading on the appropriate hourly rate of pay for
ordinary hours worked:
(A) 20% for work
performed on Mondays to Fridays (inclusive);
(B) 50% for the
first 4 hours worked on Saturday, then 100% thereafter;
(C) 100% for work
performed on Sundays; or
(D) 150% for work
performed on Public Holidays.
(v) Payment of this
loading in sub clause (iv) will be in lieu of all other entitlements specified
in this Award. The loading specified in this clause is in recognition of the
casual nature of the employment and compensate the employee for all leave
except long service leave, and all incidence of employment, except overtime.
(vi) Casual
employees shall be paid overtime for work performed:
(A) In excess of 7
consecutive hours (excluding meal breaks); or
(B) In excess of 35
hours in a week.
(vii) Overtime rates
will be paid in accordance with subclause 21.3 - Overtime, with payments are
based on the hourly rate applicable to the day on which work performed plus 20%
loading set out in (iv) (A) above.
(viii) Where the
period of engagement on any one day exceeds five (5) hours an unpaid meal break
of at least half an hour must be taken.
(ix) Casual
employees are entitled to long service in accordance with clause 29 - Long
Service Leave, of this Award.
(c) Termination
(i) The engagement of
a casual employee may be terminated without notice.
5.1.3 Temporary
employees
(a) Temporary
employees
(i) Are engaged for
a limited and specified amount of time to work for a defined period where there
will be no on-going need for either the person or the position; and
(ii) The engagement
may be either full-time or part-time.
(b) Temporary
employees are entitled to the provisions contained in this Award provided if
employment or a part of the employment is for a period less than 12 months,
entitlements will be on a pro-rata basis.
(c) The Employer may
terminate the engagement of a temporary employee by giving two (2) weeks notice
or two weeks’ pay in lieu of notice.
5.1.4 Part-time
employees
(a) Employment on a
permanent part-time basis
(i) A permanent
part-time employee is an employee who is appointed to a position to work hours
which are less than the average weekly hours worked by full-time employees.
(ii) The terms of
the employment regarding hours of work will be as stated in the letter of appointment.
(iii) An employee
who has been employed on a permanent part-time basis has no right to convert to
full-time employment.
(iv) A permanent
part time employee shall be entitled to all benefits accruing to a full time
employee under the Award on a pro rata basis for all hours worked at ordinary
time rates.
(b) Employee
initiated conversion to part-time employment
(i) Subject to
subclause 33.2.2 - Maternity Leave, Right of return to former position, the
employee may initiate conversion to part-time employment in the employee’s
substantive position.
(ii) Conversion to
part-time work arrangement is subject to approval by the relevant authorised
employee.
(iii) The employee
has a right to revert to full-time employment in the employee’s substantive
position before or at the end of 12 months working part-time by giving four (4)
weeks’ notice.
(c) Conditions
attached to working under a part-time work agreement
(i) The daily hours
and days of the week to be worked under a part-time work agreement and the
length of the arrangement must be agreed in writing between the employee and
the authorized employee.
(ii) The ordinary
daily hours will be worked Monday to Friday but are not restricted by the
ordinary working hours provisions at sub-clause 18.4.
(iii) No agreement
shall permit a minimum start of less than three (3) continuous hours except in
cases where it is agreed that there be a start of two (2) continuous hours on 2
or more days per week provided that:
(A) A two (2) hour
start is sought by the employee to accommodate the employees personal
circumstances which must be specified in the agreement; or
(B) The place of
work is within a distance of 5km from the employee’s place of residence.
(iv) An Employer may
request an employee working under a part-time work agreement to work for longer
than the hours agreed under the part-time work agreement under sub-clause
5.1.4(c)(i) in accordance with the provisions of sub-clause 21 Overtime. These
additional hours shall be paid at ordinary time rates unless the additional
hours fall into one of the categories below:
(A) If the hours
worked in a week exceed 35 hours; or
(B) If the
additional hours fall outside the usual span of hours; or
(C) Where work is
performed on a Saturday/Sunday or Public Holiday irrespective of the weekly
hours worked
in which case payment will be made at the rate
prescribed in sub-clause 21.3 - Overtime.
(v) An employee may
request to vary a part-time agreement at any time. A request for the variation
of a part-time agreement will be considered on the same basis as the initial
approval.
(vi) The hourly rate
paid to a part-time employee will be the hourly rate for a similar full-time
job.
(vii) Part-time
employees will be subject to clause 16 - Performance Management System, of this
Award and may be eligible to receive performance payments on a pro-rata basis.
(viii) Part-time
employees will be eligible, on a pro-rata basis for all leaves prescribed in
this Award.
(ix) Leave will be
calculated on the basis of the proportion of hours scheduled per week to the
full-time hours of work per week, i.e.
|
part-time hours
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x
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full-time annual
entitlement
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=
|
P/T annual leave
|
|
full-time hours of
leave in hours
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entitlement (in hours)
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(x) Any leave
approved to cover the absence of a part-time employee will be debited on an
hourly basis or part thereof to reflect the actual time taken off work.
(xi) Where an
employee has worked both full and part-time, the leave entitlement will be paid
on the proportion of part-time and full-time service during the relevant
period.
(xii) Public holidays
will only be paid if the employee was scheduled to work on the public holiday
and in accordance with clause 26 - Public holidays.
5.2 Appointment on
probation
(a) An employee
appointed to a position under sub-clauses 5.1.1, 5.1.3 or 5.1.4(a), will be
appointed on probation.
(b) Probation will
be a period of 3 months. This period may be extended once but will not exceed 6
months.
(c) The employee
will be subject to the provisions of clause 16 - Performance Management System,
in assessing satisfactory performance.
5.3 Medical
examinations
(a) A person will
not be eligible for appointment unless that person has, as required by the
Employer, passed an examination of medical fitness by a qualified medical practitioner
nominated by the Employer.
5.4 Payment of money
owing to the employee in case of death
5.4.1 Payment of unpaid
monies
(a) For the purposes
of sub-clause 5.4, the term "employee" includes a casual employee.
(b) Any outstanding
pay will be paid into the deceased employee’s nominated bank, building society
or credit union account as per normal pay.
(c) All unpaid
monies other than pay will be paid as follows:
(i) Where the
unpaid monies owed by the Employer are in excess of $15,000, such monies will
be paid to the Executor or Administrator of the deceased’s estate. This will only be done on the production of
Grant of Probate or Letters of Administration.
(ii) Where the
unpaid monies owed by the Employer do not exceed $15,000, the Employer may
agree to make payment through the Executor or Administrator of the deceased’s
estate without Grant of Probate or Letters of Administration.
(iii) Where the
unpaid monies owed by the Employer do not exceed $15,000, the Employer may
agree to make payment to other than the Executor or Administrator of the
deceased’s estate. In such cases, the
Employer may require the person to whom the payment is made to demonstrate a
legal entitlement to the money and to provide a written indemnity to the
Employer stating that they will indemnify the Employer in relation to any
claims made against the Employer in relation to the money paid.
5.4.2 Advance payments
(a) Up to $5,000 may
be advanced prior to the production of all documentation referred to above,
provided the Employer is reasonably assured that the payment is being made to
the legal spouse or de facto partner or other person who can demonstrate a
legal entitlement to money owing to the deceased.
5.5 Advice of
absences
(a) Employees who
are absent on any day for reasons other than a pre-arranged absence must advise
their Manager as soon as practicable on that day, and where possible before
normal starting time, of the estimated duration of the absence and the type of
leave that will be taken.
5.6 Abandonment of
employment
(a) Subject to
sub-clause (b) below, employees who are absent from work for a continuous
period exceeding 5 working days without notification to the Employer may be
regarded as having abandoned their employment.
(b) After the five
days referred to in sub-clause (a) above, the Employer will notify such
employees in writing, forwarded to the address last known to the Employer, that
(i) If a
satisfactory explanation for the absence is not provided, the employee will be
regarded as absent from duty without authorised leave;
(ii) A period of
not less than ten (10) working days will be allowed for the employee to contact
the Employer; and
(iii) If no response
is received by the due date, the employee’s employment with the SCA will be
terminated.
(c) If the employee
fails to respond, the Employer shall deduct from the pay of the employee the
amount equivalent to the period of the absence and their employment will be
terminated from the first date of absence.
6. Termination
6.1 Termination by
employee
(a) An employee may
terminate his/her employment for any reason by giving two weeks written notice
to the Employer.
(b) If the employee
fails to give two weeks notice, two weeks pay will be forfeited.
(c) Employees who
have given notice, and absent themselves for duty without reasons acceptable to
the Chief Executive (the onus of providing acceptable reasons lies with the
employee) will be deemed to have abandoned employment and will not be entitled
to be paid for the period of notice.
6.2 Termination by
Employer
(a) Termination of
employment will not be harsh, unjust, or unreasonable.
(b) The Employer may
terminate the employment of a permanent employee by giving four (4) weeks
notice. Grounds for termination include but not limited to the following:
(i) The employee
lacks, or has lost, an essential qualification for performing his or her
duties;
(ii) Non-performance,
or unsatisfactory performance, of duties (see clause 16 - Performance
Management System);
(iii) Inability to
perform duties because of physical or mental incapacity;
(iv) Seriously
unacceptable breach of the Code of Conduct (reference: sub-clause 7.1(a)(i) -
Misconduct);
(v) Misconduct
(reference clause 7);
(vi) Criminal
offence (sub-clause 7.6);
(vii) Any other reason
the Chief Executive considers as not harsh, unjust, or unreasonable.
(c) The Employer may
terminate the employment immediately, in which case, the Employer will give
four (4) weeks pay in lieu of notice.
(d) Employees who
have been given notice, and absent themselves for duty without reasons
acceptable to the Chief Executive (the onus of providing acceptable reasons
lies with the employee) will be deemed to have abandoned employment and will
not be entitled to be paid for the period of notice.
7. Misconduct
7.1 Definitions
(a) For the purposes
of this Award, misconduct includes, but is not limited to, any of the
following:
(i) A contravention
of any provision of policies and procedures applying to employment in the SCA;
(ii) Fraud;
(iii) Performance of
duties in such a manner as to justify the taking of disciplinary action;
(iv) Taking any
detrimental action (within the meaning of the Protected Disclosures Act 1994)
against a person that is substantially in reprisal for the person making a protected
disclosure within the meaning of that Act; and
(v) Taking any
action against another employee that is substantially in reprisal for an
internal disclosure made by that employee.
(b) The
subject-matter of an allegation of misconduct may relate to an incident or
conduct that happened:
(i) While the
employee concerned was on duty, was not on duty, or
(ii) Before the
employee was appointed to his or her position or engaged for a set period.
(c) Internal
disclosure means a disclosure made by an employee regarding the alleged
misconduct of another employee of the SCA.
7.2 Procedural
guidelines
(a) The Chief
Executive may, from time to time, issue amend, revoke or replace procedural
guidelines for the purposes of:
(i) Dealing with
allegations of misconduct as a disciplinary matter, and/or
(ii) The taking of
disciplinary action with respect to employees under this Award.
(b) In determining
the processes, the Chief Executive will have regard to guidelines issued from
time to time for the public sector in NSW.
(c) The procedures
will be consistent with the rules for procedural fairness.
(d) Without limiting
sub-clause (a), the procedures are to ensure that:
(i) The employee to
whom an allegation of misconduct relates is advised in writing of the alleged
misconduct and that the allegation may lead to disciplinary action being taken
with respect to the employee; and
(ii) The employee
is given an opportunity to respond to the allegation.
(e) A formal hearing
involving the legal representation of parties and the calling and
cross-examination of witness is not to be held in relation to an allegation of
misconduct and the taking of disciplinary action with respect to an employee.
(f) However,
subclause (e) does not prevent the Chief Executive from:
(i) Conducting such
investigations into an allegation of misconduct as the Chief Executive
considers necessary;
(ii) Conducting
interviews with the employee to whom the allegation relates or with any other
person in connection with the matter concerned; or
(iii) Taking signed
statements from the employee or any such person.
7.3 Dealing with
allegations of misconduct
(a) If an allegation
is made that an employee may have engaged in any misconduct, the Chief
Executive may:
(i) Decide to deal
with the allegation as a disciplinary matter in accordance with the SCA
procedures; or
(ii) Decide that it
is appropriate to take remedial action with respect to the employee.
(b) After dealing
with an allegation of misconduct as a disciplinary matter in accordance with
the SCA procedures, the Chief Executive may, if he/she is of the opinion that
the employee has engaged in any misconduct, decide to take disciplinary action
with respect to the employee.
(c) Before any
disciplinary action is taken with respect to an employee under this section,
the employee must be given an opportunity to make a submission in relation to
the disciplinary action that the Chief Executive is considering taking.
(d) Even though the
Chief Executive decides to deal with an allegation of misconduct as a
disciplinary matter in accordance with the SCA procedures, the Chief Executive
may, at any stage of the process:
(i) Decide to take
remedial action with respect to the employee concerned; or
(ii) Decide to
dismiss the allegation, or decide that no further action is to be taken in
relation to the matter, or both.
(e) A decision under
this section by the Chief Executive to take remedial action with respect to an
employee does not, if it appears to the Chief Executive that the employee may
have engaged in any misconduct while the remedial action is being taken,
prevent the Chief Executive from dealing with the alleged misconduct as a
disciplinary matter under this section.
(f) In certain
circumstances where an employee appears to have committed a serious breach of
conduct and discipline or is subject to criminal proceedings, the particular
facts may require immediate action by the Employer prior to the completion of
any investigation:
(i) Where it is
inappropriate for the employee to continue in their usual duties, the first
option is to place the employee on alternative duties or duties at another
location;
(ii) Where such
action is inappropriate in the circumstances, the Employer may suspend the
employee with or without pay, as appropriate, pending the outcome of the
disciplinary process or criminal proceedings:
(A) Suspension with
pay: where it is considered that the charges are serious enough, or having the
employee remain at work would be detrimental to the effective running of the
Authority, the employee may be suspended with pay. Suspension with pay will be reviewed at least every 30 days, if
applicable.
(B) Suspension
without pay: In exceptional circumstances, the Employer may suspend the
employee from duty without pay. Without
limiting the generality of this term, such circumstances would include where
the employee is remanded in custody, or has admitted to behaviour that under
the circumstances renders the employee unfit to continue in paid employment
with the Authority. Suspension without
pay will be reviewed at least every 30 days, if applicable.
(C) Immediate
suspension without pay: Where an employee is convicted of a crime,
notwithstanding the availability of an avenue of appeal against the conviction
pending final decision whether the employee is retained or dismissed, the
Employer will suspend the employee from duty without pay, if the nature of the
offence is such that this action is warranted in the public interest or the
maintenance of good order and/or discipline.
The suspension decision will be reviewed at least every 30 days, if
applicable.
(D) Summary
dismissal: Where it has been established to the satisfaction of the Employer
that an employee has been guilty of serious misconduct, the Employer may
summarily dismiss without notice.
(g) If an employee
is convicted in New South Wales of an offence that is punishable by
imprisonment for 12 months or more, or is convicted elsewhere than in New South
Wales of an offence that, if it were committed in New South Wales, would be an
offence so punishable, the Chief Executive may:
(i) Decide to take
disciplinary action with respect to the officer, or
(ii) Decide to take
remedial action with respect to the officer.
7.4 Misconduct
proven
(a) Where the
Employer determines that an employee is guilty of misconduct the employee may
be:
(i) Dismissed;
(ii) Regressed to a
lower pay point; or
(iii) Subjected to
other action as seemed appropriate.
(b) In the
circumstances described in sub-clause (a) above, payment for any period of
suspension may be forfeited.
7.5 Misconduct not
proven
(a) Where the
Employer finds that an employee suspended without pay for alleged misconduct is
not guilty of the alleged misconduct, the employee will receive payment for the
period of suspension.
7.6 Report of
charges and convictions for serious offences
(a) An employee who
is charged with having committed, or is convicted of, a serious offence must
immediately report that fact in writing to the Chief Executive.
(b) If a Manager has
reason to believe that an employee
(i) Has been
charged with having committed, or has been convicted of, a serious offence; and
(ii) Has not
reported the matter to the Chief Executive in writing in accordance with
sub-clause (a) above,
the Manager must immediately inform the Chief Executive
in writing that the Manager has reason to believe that the employee has been
charged with having committed, or has been convicted of, a serious offence.
8. Employer’s Right
to Deduct Pay and Time Lost
8.1 Through no fault
of the Employer
(a) Where an
employee is absent from duty for reasons not entitling payment under this
Award, the Employer may deduct from the pay of the employee payment for all
time lost to the Employer.
(b) The Employer may
deduct from the pay of an employee all amounts paid in advance for any type of
leave where the leave is subsequently not approved or the employee fails to
attend a course for which leave was granted.
8.2 Through fault of
the Employer
(a) No deduction
will be made for time lost through the fault of the Employer.
8.3 Stand down
orders
(a) The Employer may
apply to the NSW Industrial Relations Commission for stand down orders in
accordance with the Industrial Relations Act 1996.
PART III - PAY AND RELATED MATTERS
9. Job Evaluation
(a) The rate of pay
for all positions will be determined by job evaluation.
(b) The unions are
to cooperate in the ongoing implementation of the Cullen Egan Dell (CED)
methodology through participation in Job Evaluation Panels.
10. Rates of Pay
(a) The rates of pay
rounded to the nearest dollar, applicable to each Grade shown in Column 1 and
pay points shown in Column 2 at Schedule 1 to this Award, reflect the increases
specified below:
|
Date of Salary
Variation - to commence on or after
|
Percentage Increase
in rate of pay
|
|
1 July 2011
|
2.5%
|
(b) Equivalent rates
of pay will be determined as follows:
|
Hourly rate
|
=
|
Daily rate
|
|
7
|
|
Daily rate
|
=
|
Annual rate
|
|
261
|
|
Weekly rate
|
=
|
Annual rate
|
|
52.2
|
|
Fortnightly rate
|
=
|
Annual rate
|
|
26.1
|
11. Transition
Arrangements
11.1 Senior Managers
(a) An employee who
has been employed pursuant to clause 47 of the previous award under a contract
of employment which detailed the employee’s terms and conditions of employment,
and who elects to change the employment status from contract to Award employee,
will be translated to the Grade system shown in Schedule 1 to this Award as
follows:
(i) Every Senior
Manager (SM) position will be evaluated using the CED methodology. Evaluation
will be based on new Position Descriptions that describe each SM’s work as
currently performed.
(ii) The outcome of
the Job Evaluation will affect translation as follows:
(A) If the sum of the
evaluated salary for the position plus the Employer superannuation contribution
is higher than the SM’s Total Remuneration Package (TRP) as at the time the
change in status occurs, translation will be to a pay point, based on the
evaluated salary component of the TRP, that is equal to that pay or, if there
is no equal pay point, to the nearest higher pay point in the Grade structure.
(B) If the sum of
the evaluated salary for the position plus the Employer superannuation
contribution is up to 5% or one Grade lower than the SM’s TRP as at the time
the change in status occurs, translation will be on the basis of the SM’s
salary component of the TRP as at the time the change in status occurs, that is
equal to that pay or, if there is no equal pay point, to the nearest higher pay
point in the Grade structure.
(C) If the sum of
the evaluated salary for the position plus the Employer superannuation
contribution is more than 5% or one Grade lower than the SM’s TRP as at the
time the change in status occurs, it will be regarded as being a significant
change in the job requirements. The SM will have the following options:
(1) Translate on the
basis of the SM’s current TRP with the salary component of TRP frozen until
general pay increases to the top of the evaluated Grade overtake the frozen
salary; or
(2) Because of the
significant change, being offered redundancy provisions.
(b) Employer
superannuation contributions as at the time the change in status occurs will
continue to be paid by the SCA.
(c) If a SM elects
to transfer to Award employment within two months of receiving the details of
translation relating to the individual Senior Manager, the date of effect of
the translation under sub-clauses (ii)(A) or (B) above will be 18 May 2004.
(d) If a SM elects
to transfer to Award employment after two months of receiving the details of
translation relating to the individual Senior Manager, the date of effect of
the translation under sub-clauses (ii)(A) or (B) above will be the date on
which the election is made.
(e) If a SM elects
to transfer to Award employment after receiving the details of translation
relating to the individual Senior Manager, the options available under (ii)(C)
above may be exercised by agreement between the Employer and the SM involved at
any time.
11.2 Engineering and
scientific positions
(a) An employee who
(i) Has been
employed in a specific position that required the possession of professional
qualifications, and
(ii) Would have
been eligible for progression in accordance with the provisions of sub-clause
7.4 of the SCA Consolidated Award varied in October 2002,
will be eligible to progress as if sub-clause 7.4 of
the previous Award has remained in force, and if such progression is greater
than progression under Clause 16 - Performance Management System.
12. Pay on
Appointment
(a) Employees will
be appointed at the minimum pay point for the evaluated Grade for the job.
(b) The Chief
Executive may approve appointment elsewhere within the Grade.
(c) An employee
shall not be paid less than their appointed rate, except where an employee has
been regressed as a result of:
(i) Continuing
unsatisfactory performance (sub-clause 16.4.2 - Performance Management System);
or
(ii) Disciplinary
action (clause 7 - Misconduct).
13. Payment of Monies
Due
(a) The Employer may
make payment, less any deduction as may be authorised by the employee or
required by law, by paying the full amount of the balance due into a credit
union or bank account of the employee’s choice, or by cheque made payable to
the employee.
(b) Monies will only
be assigned to accounts that are in the employee’s name either singly or
jointly.
(c) Any payments in
addition to an employee’s appointed rate of pay, made under the provisions of
this Award (e.g. overtime, allowances, etc), will be made within the three pay
periods (i.e. six weeks).
(d) No variation
will be made to pay unless it is properly authorised in writing by the
employee.
14. Salary Sacrifice
to Superannuation
(a) Notwithstanding
the pay outlined in clause 10 - Rates of Pay, an employee may elect to
sacrifice a portion of the pay payable to additional Employer superannuation
contributions. Such election must be
made prior to the commencement date of the period of service to which the
earnings relate and is subject to the limitations provided in sub-clauses (b)
& (c) of this clause.
(b) The amount,
sacrificed under this clause together with any salary packaging arrangements
under clause 54 - Salary Packaging, is subject to an overall limit of (100) per
cent of the employee’s current pay, payable under clause 10 - Rates of Pay, of
this Award, or one hundred (100) per cent of the current applicable
superannuable salary, whichever is the lesser.
In this clause, "Superannuable Salary" means the employee’s
salary is notified from time to time to the employee’s superannuation fund in
accordance with reporting requirements applicable to the fund.
(c) In addition to
sub-clause (b) above, the amount of pay which an employee may elect to
sacrifice to superannuation is limited to an amount which ensures that the
aggregated amounts of Employer contributions to accumulation funds (any current
Employer contributions and elected salary sacrificed contributions) do not
exceed the employee’s maximum deductible aged based limit set by the Australian
Tax Office as varied from time to time.
(d) Where the employee
has elected to sacrifice a portion of that pay to additional Employer
superannuation contributions:
(i) Subject to
Australian Taxation law the sacrificed portion of pay will reduce the pay
subject to appropriate PAYG taxation by the amount of that sacrificed portion;
and
(ii) Any allowance,
penalty rate, payment for unused leave entitlement, weekly workers compensation
or other payment, other than any payments for leave taken in service, to which
an employee is entitled under this Award, Act or statute which is expressed to
be determined by reference to an employee’s salary shall be calculated by
reference to the pay which would have applied to the employee under clause 10 -
Rates of Pay, of this Award in the absence of any salary sacrifice to superannuation
made under this Award.
(e) The employee may
elect to have the portion of payable pay which is sacrificed to additional
Employer superannuation contributions:
(i) Paid into the
superannuation scheme established under the First State Superannuation Act
1992 as optional Employer contributions; or
(ii) Subject to the
SCA’s agreement, paid into a private sector complying superannuation scheme as
Employer superannuation contribution.
(f) Where an
employee elects to sacrifice in terms of this clause, the Employer will pay the
sacrificed amount into the relevant superannuation fund.
(g) Where the
employee is a member of a superannuation scheme established under The Superannuation
Act 1916;
(i) The State
Authorities Superannuation Act 1987; or
(ii) The First
State Superannuation Act 1992
the Employer must ensure that the amount of any
additional Employer superannuation contributions specified in sub-clause (a)
above is included in the employees superannuable pay which is notified to the
New South Wales public sector superannuation trustee corporation.
(h) Where prior to
electing to sacrifice a portion of his/her pay to superannuation, an employee
had entered into an agreement with their Employer to have superannuation
contributions made to a superannuation fund other than a fund established under
legislation listed in sub-clause (g) above, the Employer will continue to base
contributions to that fund on the pay payable under clause 10 - Rates of Pay,
to the same extent as applied before the employee sacrificed portion of that
pay to superannuation.
(i) This clause
applies even though the superannuation contributions made by the Employer may
be in excess of superannuation guarantee requirement after the salary sacrifice
is implemented.
15. No Assignment of
Pay
(a) An employee's
pay will be paid as it falls due with the exception of payments withheld for
the purposes of pay equalisation in conjunction with the 19 day lunar month
pattern of work.
(b) No payment shall
be made in respect thereof to any person by virtue of any order, document, or
instrument whereby an employee may have assigned or attempted to assign their
pay.
(c) Provided that
this clause shall not apply in the case of payments made out of the pay of an
employee at their request in writing in respect of contributions to:
(i) A Union party
to this Award,
(ii) Contributions
to a boarding house or mess establishment on any work,
(iii) The payment of
rental or other charges to the Employer on account of a cottage rented or
purchased from the Employer,
(iv) Amounts owing by
an employee for safety footwear and/or wearing apparel purchased from or
supplied by the Employer,
(v) Other payments
as agreed by the Employer from time to time.
16. The Performance
Management System
16.1 Performance
agreements and performance assessment
16.1.1 Performance
agreements
(a) The
responsibility for developing Performance Agreements using the standard pro
forma rests equally with Managers and employees.
The Normal review period under this system will be a 12
month period either July to June, or January to December. A minimum period of 6
months service within the review period must be completed before a staff member
is eligible for salary progression consideration. The normal review period for
an employee will be determined according to when the employee was last employed
or promoted.
(b) A full
performance cycle will operate from:
(i) An employee
promoted or employed between 1 July and 31 December will be eligible for a
review in the following June, and every June thereafter unless the review
period is changed due to promotion or after a long period of paid and/or unpaid
leave and a minimum period of 6 months for review within the period has not
been completed; or
(ii) An employee
promoted or employed between 1 January and 30 June will be eligible for a
review in the following December, and every December thereafter unless the
review period is changed due to promotion or after a long period of paid and/or
unpaid leave and a minimum period of 6 months for review within the period has
not been completed.. These employees
will remain on this performance cycle until the employee has reached the
maximum pay step for the grade of the position at which time the employee will
transfer to the June review cycle. This will allow more direct alignment of the
employee’s performance agreement cycle with the SCA’s Strategic Planning Cycle
and Work programs.
(c) The Performance
Agreement must express, at the individual employee level, the priorities and
outcomes of the SCA Business Plan, the relevant Divisional Business Plan and
the accountabilities included in the employee’s Position Description. The Performance Agreement must describe
expectations to be met including key required outcomes which the employee is to
deliver and key performance indicators against which the standard of delivery
is to be measured. The Performance
Agreement will also include the behaviours by which employees are to conduct
their work and contribution to the team with reference to the SCA Code of
Conduct.
(d) By 31 August
(July to June review period) and 28 February (January to December review
period) of each performance cycle, all employees covered by this Award are to
have a Performance Agreement as follows:
(i) An employee who
has no Performance Agreement at the time this Award comes into operation is to
complete a Performance Agreement within one month; or
(ii) An employee
who has an existing Performance Agreement at the time this Award comes into
operation is to review the Performance Agreement in accordance with the terms
of this Award;
Copies of the Performance Agreements to be forwarded to
the Senior Manager, Workforce Planning within two calendar months of each
annual performance cycle for monitoring the system and filing on the employee’s
Confidential Service File (CSF).
16.1.2 Performance
assessment
(a) Informal
feedback
(i) Informal
feedback and discussion must occur regularly. Such feedback and discussion may
be initiated by the employee or Manager, and would be based on the Performance
Agreement.
(ii) Such informal
feedback and discussion does not replace mutual obligations relating to
performance management and, depending on the nature of the discussion, may form
the basis of procedures contained at sub-clause 16.4.
(b) Formal
assessment
(i) While ongoing
and informal feedback and discussion on performance should occur regularly
throughout each review cycle, there will be two formal assessment points for
all award employees.
(A) At mid-cycle and
(B) At the end of the
annual cycle.
(ii) Objectives of
the formal mid-cycle assessment are to:
(A) Provide an
opportunity for formal feedback on performance based on work expectations and
each of the performance indicators specified in the Performance Agreement;
(B) Review the
Performance Agreement against possible changes in work expectations, consider
whether the Agreement requires any changes to reflect alterations to work
priorities;
(C) Review progress
toward the achievement of work expectations in the Performance Agreement;
(D) Provide a
realistic indicative assessment of progress to date against the Performance
Agreement using the rating scale at sub-clause 16.1.2(e)(ii) below;
(E) If necessary,
identify the specific action to improve performance;
(F) Review the focus
and progress in terms of development activities specified in the Learning
Agreement; and
(G) Provide
qualitative feedback to justify the assessment given.
(iii) The Manager
must provide written confirmation to the Manager Human Resources within two calendar
months of each annual performance cycle that the mid-cycle review has occurred
consistent with the objectives. In a situation where an employee and the
employee’s Manager cannot agree on the assessment of progress, the employee, in
the first instance, should discuss this with the relevant Division Manager who
will review the assessment. On request, a third party of their choice may
support the employee.
(c) Objectives of
the formal assessment at the end of the annual cycle are to:
(i) Provide an opportunity
for formal feedback based on work expectations and each of the performance
indicators specified in the Performance Agreement, including an opportunity for
the employee to put their view in writing;
(ii) Review the
Performance Agreement with a view to developing a new Performance Agreement
applicable in the next annual cycle;
(iii) Provide a
realistic assessment of performance against the Performance Agreement using the
rating scale at sub-clause 16.1.2(e)(ii) below;
(iv) Provide an
assessment using the rating scale at sub-clause 16.1.2(e)(ii) below for
purposes of performance pay and/or pay progression;
(v) If necessary,
identify the specific action to improve performance; and
(vi) Provide
qualitative feedback of at least half an hour to justify the rating given.
(d) The Manager must
provide written confirmation to the Manager Human Resources by no later than
two calendar months after the completion of each annual performance cycle that
the formal assessment has occurred consistent with the objectives. In case an employee and the employee’s
Manager cannot agree on the assessment rating, the employee, in the first
instance, should discuss this with the relevant Division Manager who will
review the assessment. On request, a
third party of their choice will support the employee.
(e) The Rating Scale
(i) The Rating
Scale below forms an integral part of SCA’s Performance Management System. Its objectives are to provide:
(A) The basis for
performance pay or pay progression;
(B) Timely identification
where performance requires attention, and
(C) A framework for
the management of underperformance.
(ii) The Rating
Scale to be applied consistently across the SCA is as follows:
|
Rating
|
Criteria
|
|
Outstanding
|
Performance fully meets all expectations against the
performance indicators in the
|
|
|
Performance Agreement and exceeds expectations, compared
to the persons Position
|
|
|
Description, as determined by the Managing Director. This may include, but not
|
|
|
limited to such achievements as:
|
|
|
Innovation in areas such as (but not limited to) Financial
results, Process Improvements,
|
|
|
new ideas;
|
|
|
External recognition both cross divisional within the SCA
and also from
|
|
|
sources external to the SCA;
|
|
|
Managing difficult and/or unprecedented situations.
|
|
Satisfactory
|
Performance meets expectations against the performance
indicators in the
|
|
|
Performance Agreement
|
|
Unsatisfactory
|
Performance does not meet expectations of Performance
Indicators in the
|
|
|
Performance Agreement as determined by the Managing Director. To be classified
|
|
|
as unsatisfactory at the annual performance review, a
formal Performance
|
|
|
Improvement Plan has been initiated and all
sections/processes in Clause 16.4.1
|
|
|
have been followed.
|
16.2 Learning
agreements
(a) Learning
Agreements are integral part of the SCA’s Performance Management System. As such, each employee is required to
develop and enter into a Learning Agreement with his or her Manager annually in
conjunction with the development of the Performance Agreement, using the pro
forma.
(b) Learning
Agreements may include activities related to the broadening of employees’
knowledge, skills and experience relevant to their current role and also
related to future career development.
(c) Learning
Agreements will distinguish between learning activities that the SCA requires
employee to undertake and activities that employee wish to undertake. An
activity included in the Learning Agreement does not imply that the SCA will
pay the cost associated with that activity. Request for Study Assistance will
be dealt with under the relevant SCA policy.
(d) In agreeing to
the inclusion of a learning activity in the Learning Agreement, the Manager
will consider and allocate appropriate resources. Any activity included in the
Learning Agreement will be subject to budgetary constrains.
16.3 Performance pay
(a) Subject to
sub-clause 16.5 below, employees covered by this Award will have access to
performance payments annually, based on the performance assessment system and
the Rating Scale outlined in sub-clause 16.1.2(e)(ii) above subject to the
following:
(i) An employee may
only become eligible for performance payment after the completion of a full
performance cycle subject to (ii) below; and
(ii) An employee
who commences prior to 31 December during a performance cycle may become
eligible for performance based pay.
(b) The Chief
Executive, on the basis of the performance appraisal of each employee, is to
determine performance based pay, if any, and the form in which it should be
paid.
(c) For employees
paid at the first or second pay point of a Grade, the Chief Executive may
determine:
(i) If the Division
Manager makes an assessment that the employee’s performance meets the criteria
for "Satisfactory", advancement of one pay point within the Grade;
and
(ii) if the
Division Manager makes a recommendation that the employee’s performance meets
the criteria for "Outstanding", advancement of one pay point within a
Grade and payment at the second higher pay point for a year.
(d) For employees
who receive salary at the third point of a Grade, the Chief Executive may
determine:
(i) If the Division
Manager makes an assessment that the employee’s performance meets the criteria
of "Satisfactory", advancement of one pay point within the Grade; and
(ii) If the
Division Manager makes an assessment and makes a recommendation that the
performance has been assessed as "Outstanding", advancement of one
pay point within the Grade and payment at the minimum pay point of the next
higher Grade for a year.
(e) For employees
who receive salary at the maximum point of a Grade, the Chief Executive may
determine:
(i) If the Division
Manager makes an assessment and makes a recommendation that the performance has
been assessed as "Outstanding", payment at the first pay point of the
next higher Grade for a year.
(f) If the Chief
Executive determines pay progression or payment at a higher pay point for each
annual review period, it will be payable with effect 1 July and 1 January based
on the employees annual review date. Such payments are to be processed within
two calendar months following the completion of the employees annual review
period. .
16.4 Managing poor
performance
(a) Timely
identification and management of poor performance is a key part of the SCA
Performance Management System. The
operation of the Performance Management System will automatically trigger
formal action where performance is identified at any point during the
performance cycle as "Unsatisfactory".
16.4.1 Performance is
assessed as Unsatisfactory
(a) Development of a
Performance Improvement Plan
(i) The Manager
will advise the employee in writing that performance improvement is required
stating expectations and examples of where these have not been met and
recording it in the Performance Agreement as an assessment outcome.
(ii) Within 7 days
of the above notice, the Manager and the employee will be required to discuss
the matter and develop a Performance Improvement Plan that includes:
(A) Realistic and
achievable expectations, and
(B) Strategies that
are to be implemented within a three month period.
(iii) The
Performance Improvement Plan must be consistent with the Performance
Agreement. On request, the employee may
be supported by a third party of their choice during the discussions.
(iv) Consideration
will be given to the identification of possible barriers to, and opportunities
for achieving a "Satisfactory" level. The employee will be assisted through supportive management and
action may include:
(A) Counselling and
mediation
(B) Training
(C) Coaching and
mentoring
(D) Relocation of
duties or relocation to other areas;
(E) Addressing
OHS&R issues
(F) Addressing work
& life balance.
(b) End of the
Performance Improvement Plan
(i) At the end of
the three month period the Manager and the employee should review performance
and
(A) If performance
has been improved to "Satisfactory" level, the normal performance
cycle continues;
(B) If performance
remains assessed at "Unsatisfactory" level, the processes at
subclause 16.4.2 below will be applied.
16.4.2 Continuing
Unsatisfactory performance
(a) Where the
employee’s performance is assessed "Unsatisfactory" at two
consecutive reviews (informal or formal), the Chief Executive on advice from
the relevant Division Manager will issue a written warning to the employee
detailing how the employee’s performance does not meet the
"satisfactory" standard.
(b) The Manager is
to assess the employee’s performance for a period of 3 months.
(c) The Manager will
immediately discuss with the employee the matters in the written warning and
the assessment process to ensure all parties are heard on the matter. The
employee may be supported by a third party of the Employee’s choice.
(d) Discussion may
include mitigating circumstances, setting realistic and achievable
expectations, and record the outcome in the Performance Agreement.
(e) At the end of
the three month assessment period, the Manager will advise the Chief Executive
on whether or not the employee obtained and sustained a
"Satisfactory" performance during the assessment period.
(f) If performance
is improved and sustained, no further action will be taken and the normal
performance cycle resumes.
(g) Where measures
to correct performance have been pursued for three months from the commencement
of these processes without the employee’s performance improving to
"Satisfactory" standard, the Chief Executive may
(i) Reduce an
employee's pay;
(ii) Terminate the
employee’s employment, or
(iii) Any other
action the Chief Executive considers appropriate.
17. Temporary Relief
Arrangements
17.1 Filling temporary
vacancies
(a) Where a vacancy
exists, the Employer may, on a temporary basis, make one of the following
relief arrangements:
(i) Fill the
position (full-time or part-time) with the most suitable competent employee
from a lower pay point;
(ii) Fill the
position (full-time or part-time) with the most suitable competent employee
from a higher pay point without loss of pay;
(iii) Fill the
position (full-time or part-time) with an employee at the same pay point,
without variation in pay, in order to provide the opportunity for the employee
concerned to develop skills;
(iv) Assign part or
all of the duties to an employee or employees from the same pay point or higher
without variation in pay; or
(v) Leave the
position unoccupied.
(b) Temporary
arrangements are voluntary where being forced to undertake the duties of
another position would financially disadvantage an employee.
(c) Decisions for
relief arrangements must be fair, equitable and follow EEO principles. Higher
duties opportunities should be shared fairly amongst employees to develop their
knowledge, skills and experience to the benefit of both the SCA and employees.
17.2 Rate of payment
while on temporary relief
(a) Subject to
sub-clause (b) below, a relieving employee who performs the duties and takes
the responsibilities of the vacant higher position is to be paid at the minimum
pay point of the Grade of the position in which the employee is placed
temporarily.
(b) Where an
employee is relieving in a higher position at the time the Award is varied,
including any continuous extensions to that relieving arrangement, the employee
shall continue to receive payment for the duration of the continuous relief at
the relevant pay point of the Grade to which the position in which the employee
relieves has been translated.
17.3 Conditions
(a) The employee
shall receive payment under sub-clause 17.2 if a period of acting in higher
duties is 5 consecutive working days or longer.
(b) If the period of
acting is 5 consecutive days, if the relieving employee takes leave during the
period of 5 days, then no payment is payable.
(c) If the period of
acting is 5 consecutive days and it includes a public holiday or a day where
the substantive occupant of the position is on an RDO that has been approved in
four week in advance, the relieving employee will be paid higher duties for the
whole period.
(d) If the period of
relief is for a period of more than 5 consecutive working days, then any leave
taken during such acting period is to be paid at the rate applicable to the
position in which relief is being provided, unless such leave exceeds 5
consecutive working days.
(e) Employees who
have acted for a continuous period of 12 months or longer in the same higher
graded position and who, due to extraordinary circumstances, continue to act in
that position are entitled to be paid at the higher rate for all leave taken
after the continuous period of 12 months.
17.4 Progression
(a) If the period of
acting in the higher position is for a continuous period of 12 months or
longer, the employee so acting may progress subject to the provisions of clause
16 - Performance Management System.
(b) If an employee
progressed in accordance with sub-clause (a) above, on return to the employee’s
substantive position the employee will be progressed within the Grade to the
pay point one higher than the employee’s pay point prior to the commencement of
the acting arrangement.
(c) Employees who
have been promoted to the vacant position and are receiving payment for higher
duties pending completion of appointment action should continue to receive the
higher payment during all paid leave.
part iv - hours of work and related matters
18. Hours of Work
18.1 Purpose
(a) The organisation
of work and ordinary hours will optimise work effectiveness and the fulfilment
of the reasonable needs of employees.
(b) The standard
working hours will be those necessary for the completion of routine work and
this clause.
(c) The Employer
agrees that workloads should be capable of being completed during normal
working hours.
(d) An employee will
not be allocated an unreasonable or excessive workload.
(e) It will be the
duty of the employer to ensure that staffing levels are adequate and that
vacancies are filled promptly.
(f) Where overtime
or workloads are identified as excessive this will lead to an assessment of the
area. This may result in the need to change the amount of work undertaken
and/or staffing levels within that area. This assessment will be reported to
the Unions and parties will enter into consultation.
(g) Reasonable
overtime is defined in clause 21.1
18.2 Usual spread of
hours
(a) Ordinary working
hours will fall within the usual spread of hours of 7.00am and 6.00pm.
18.3 Ordinary hours of
work
(a) The ordinary
hours of work of full-time employees is an average of 35 hours per week Monday
to Friday inclusive, worked between the usual spread of hours.
18.4 Working patterns
- Flexitime & Purchased leave
(a) Employees shall
work under the SCA’s Flexitime Policy and Procedure. This procedure replaces
provisions covered in clause 18 as they relate to RDO’s in the Award.
(b) The SCA
flexitime system shall be available to all permanent and temporary staff covered
by this Award but shall exclude casual staff.
(c) Employee will
have access to Purchased Leave of four weeks per calendar year.
18.4.1 Eligibility
(a) Unless the
Employer stipulates in the employee’s position description that a specific work
arrangement detailed in this paragraph will apply, subject to sub-clause (b)
below, full time and part-time employees who are permitted to work in
accordance with work arrangements covered in the Flexitime Procedure.
(b) An employee will
revert to working standard hours if:
(i) The employee
fails to nominate the proposed date(s) for taking RDO(s) by the first Friday of
a four week roster period; or
(ii) Fails to take
the RDO(s) as approved or fails to take the RDO on the date the Manager
determines when employee is to take the RDOs.
18.5 Initial approval
process
(a) An employee
wishing to work in one of the patterns outlined above is required to complete a
nomination form.
(b) An employee’s
nomination to work one of the arrangements provided under sub-clause (a) above
will be considered as follows:
(i) RDO is subject
to consultation but remain the Employer’s prerogative that is designed to
ensure that operational requirements are met.
(ii) Operational
requirements include such matters as the availability of adequate supervision,
service to the public, work timetables, team or group work,
inter-organisational relationships, and the optimisation of work effectiveness
necessary for the completion of work.
(iii) The approval
of the Employer will not unreasonably be withheld.
(c) If the
employee’s nominated work arrangement is unacceptable to the Employer and the
employee does not accept the reason(s) for the rejection, the matter may be
reviewed under the SCA grievance processes.
(d) If the employee
accepts the reason(s) for the rejection of the employee’s nominated work
arrangements, then the employee may elect to work one of the remaining work
arrangements provided that the employee may not elect the arrangement contained
in sub-clause 18.4(a)(ii) above.
(e) If they commence
employment during a four week roster period, the employee will work the
arrangement provided under sub-clause 18.4(a)(i) above until the commencement
of the next roster period, at which time they may commence working in
accordance with any approved work arrangement.
18.6 Change to
approved working patterns
18.6.1 Manager initiated
change
(a) Provided
sub-clause (e) below, the Employer may review and change an approved working
pattern if the operational requirements under which the approval had been given
have changed.
(b) In changing the
pattern, the Employer will have regard to the employee’s needs.
(c) If the changed
work arrangement is unacceptable to the employee and the employee does not
accept the reason(s) for the change, the employee may seek a review under the
SCA grievance processes.
(d) If the employee
accepts the reason(s) for the change in the employee’s nominated work
arrangements, the new working arrangement will commence from the next relevant
roster period.
(e) This provision
may not be used for initiating short-term and/or frequent changes. In these
cases, the Employer and the employee should agree to temporary short-term
changes. The agreement of the employee will not unreasonably withheld.
18.6.2 Employee initiated
change
(a) An employee may
seek to change their approved working patterns to another on a temporary or a
permanent basis provided that
(i) Any temporary
change is approved by the authorised employee in advance and the employee
records the changed commencing and finishing times in a manner required by the
Employer e.g the Attendance Book;
(ii) Any permanent
change is approved by the authorised employee and a new nomination form is
completed.
(b) The Employer
will consider the proposed change on the same basis as the initial proposal.
The approval of the Employer will not unreasonably be withheld.
(c) Such a change,
if approved, will operate from the commencement of the next relevant roster
period.
18.7 Taking rostered
days off
(a) RDOs must not be
taken before they are accrued, i.e. an employee must work at least 9 continuous
days under the 9-day fortnight pattern before an RDO may be taken.
(b) Employees who
work a 9 day fortnight or 19 day month pattern must:
(i) Nominate their
proposed date(s) for their RDO(s) by the first Friday of the four-week roster
period. Employees may nominate any day, including in half day amounts;
(ii) Record their
approved RDOs in the manner determined by the Employer from time to time; at
the time this Award comes into force, RDO(s) must be recorded in the Attendance
Book.
(c) The Manager will
determine whether to approve the proposed dates for their RDOs. Where possible, employees will be afforded
flexibility in choosing when to take RDOs.
The employee’s Manager may, however, at any time and regardless of
whether the employee has made a request to take RDOs, determine when employees
are to take their RDOs and the employee must take their RDOs at that time.
(d) All RDOs in
excess of the allowed 2 may not be carried over to the next roster period and
will be regarded as taken unless, in exceptional circumstances, approval is
given by an authorised employee to defer the taking of an RDO to a specific
date in the next roster period where the deferred RDO must be taken.
(e) The maximum
payment in lieu of unused RDOs on termination of employment is two (2) days (14
hours) at single time rates.
(f) If an employee
is sick on an RDO the employee will be entitled to sick leave on full pay for
that day instead of taking an RDO provided that:
(i) The employee
complies with clause 30 - Sick Leave; and
(ii) The employee
has an entitlement to paid sick leave.
(g) When RDOs are
taken continuous with recreation leave:
(i) any RDOs due at
the start of the period of recreation leave will be regarded as being taken
from the first day of the leave; and
(ii) any RDOs
accumulated during leave will be regarded as being taken at the end of the
leave.
18.8 Accrual of
rostered days off
(a) Subject to
sub-clause 18.7(d) above, an employee’ accrual of RDOs shall not exceed
(i) Two (2) RDOs in
addition to the RDOs being accrued in the current four week roster period if
they work the 9 day fortnight pattern; and
(ii) One RDO in
addition to the RDOs being accrued in the current four week roster period if
they work the 19 day month pattern.
(b) The accumulation
of time toward RDOs, will not be affected by absences in the following
circumstances:
(i) Recreation
leave
(ii) Public Holiday
(iii) Jury duty, and
(iv) Union training
leave.
(c) RDO entitlements
will be reduced by half a day, in the following roster period, if an employee
accumulates:
(i) The equivalent
of five (5) days absence from work where the employee works the 9 day fortnight
pattern, or
(ii) The equivalent
of nine (9) days absence from work where the employee works the 19-day month
pattern.
18.9 Core hours and
attendance
(a) Employees must:
(i) Commence work
at the approved time; and
(ii) Be on duty
between the hours of 10.00am and 3.00pm (excluding lunch time) unless on
approved leave.
(b) Where possible
an employee who commences work after the approved starting time must work their
normal hours for that day without the payment of overtime.
(c) Where an
employee commences work after 10.00am, the employee must apply for recreation
leave or have the RDO entitlements reduced to cover the period of absence. The minimum amount of leave an employee may
apply for is a ½ day in respect of any such absence. Where no recreation leave
or RDO entitlements are available to the employee, the employee must take leave
without pay. This paragraph will not
apply in the event of major transport delays or where the Manager determines
that special circumstances exist.
(d) Employees must
take a lunch break between 11.00am and 2.00pm, unless the employee’s Manager
has agreed prior to the lunch break being taken that the employee may take his
or her lunch break at an alternative time.
(e) Attendance for
taking quarter day leave means
(i) Full-time
employees:
(A) If working
standard hours - 5 hours and 15 minutes
(B) If working 9 day
fortnight - 5 hours and 55 minutes
(C) If working 19
day month - 5 hours and 35 minutes
(ii) Part-time
employees - attendance on a day will be calculated on the basis of the employee
working three-quarters of their nominated hours for the day.
(f) Attendance for
taking half day leave means
(i) Full-time
employees:
(A) If working
standard hours - 3 hours and 30 minutes
(B) If working 9 day
fortnight - 3 hours and 55 minutes
(C) If working 19
day month - 3 hours and 40 minutes.
(ii) Part-time
employees - attendance on a day will be calculated on the basis of the employee
working half of their nominated hours for the day.
18.10 Variation of
hours
(a) The Employer may
vary starting and ceasing times to meet operational requirements in cases where
work cannot be carried out during the usual spread of hours of 7.00am and
6.00pm.
(b) Employees whose
starting and ceasing times have been varied by the Employer will be entitled to
a loading of:
(i) 25% for those
hours worked outside the usual spread of hours; or
(ii) 50% for those
hours worked outside the usual spread of hours if work is required to start
before 5.00am or finishes after 8.00pm.
(c) The loading
specified in sub-clause (b) shall not apply where the variation has been made
by mutual agreement between the Employer and the employee concerned.
19. Meal Breaks
19.1 Monday - Friday
(a) Employees will
be allowed a mid-day meal break of not less than 30 minutes without pay.
(b) No employee will
be required to work for more than five (5) hours on any day without a break for
the "midday" meal, unless the requirements of the work make it
impracticable to allow such break before five (5) hours have elapsed.
(c) In cases were
employees are required to work for more than five (5) hours without a break,
the break will be allowed as soon as practicable thereafter and in any event
before six (6) hours have elapsed.
(d) Where an
employee is required to work for more than the period of five (5) hours specified
in this sub-clause they will be paid at the rate of time and one half from the
end of five (5) hours until the meal break occurs. Where overtime is worked contiguous with the day in question this
payment will not be taken into account in the calculation of overtime.
19.2 Meal breaks
during overtime Monday to Friday
(a) Employees who
are required to continue work beyond their normal ceasing time of an ordinary
working day will, if the period of overtime to be worked is more than one (1)
and a half hours, be allowed a meal break of 30 minutes which will be paid for
at single time rates provided they are required to work at least 30 minutes
after the break.
(b) Where the
overtime continues for more than five (5) and a half-hours, an additional paid
break of 20 minutes is to be allowed with a further paid break of 20 minutes
each four (4) hours thereafter, provided overtime continues, with each meal
break being paid for at single rates.
19.3 Saturdays,
Sundays or Public Holidays
(a) Employees
working overtime on Saturdays, Sundays or Public Holidays will be entitled to a
paid meal break of 30 minutes after each four hours of overtime worked,
provided that employees continue to work after the break. These breaks are paid at overtime rates.
19.4 Variation to meal
breaks
(a) Notwithstanding
these provisions, meal breaks may be taken by agreement, at any time to best
reconcile the needs of work and the employees who perform it and without
payment of penalty.
20. Rest Breaks
(a) Employees
required to continue work after their normal hours must have a rest period of
ten (10) consecutive hours before again starting work.
(b) Employees
recalled to work after ceasing work, who work for more than a total of four (4)
hours will be entitled to a rest period of ten (10) consecutive hours before
again starting work.
(c) Employees
recalled to work after ceasing time who do not actually work for more than a
total of four (4) hours are not entitled to the provisions of sub-clause (b)
above.
(d) Employees
directed to resume or continue work without having their 10 hour rest period
will be paid at time and one half for the first two hours and double time
thereafter until they are released from duty.
(e) Where an
employee is entitled to be absent for a rest period of ten (10) consecutive
hours under sub-clauses (a) or (b), the employee will receive normal pay for
the break for the hours that fall during the employee’s normal hours of work
Monday to Friday inclusive.
(f) Rest periods
are calculated from the time the employee is absent from work. The 10 hour rest
break includes travel to and from work at whatever location.
21. Overtime
21.1 Requirement to
work additional hours
(a) Subject to sub-clause (b), an
Employer may require an employee to work reasonable overtime at overtime rates.
(b) An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(c) For the purposes
of sub-clause (b) what is unreasonable or otherwise will be determined having
regard to:
(i) any risk to
employee’s health and safety;
(ii) the employee's
personal circumstances including any family and carer responsibilities,
community obligations or study arrangements;
(iii) the needs of
the workplace or enterprise, the urgency of the work required to be performed
during additional hours, the impact on the operational commitments of the
organisation and the effect on client services,
(iv) the notice (if
any) given by the Employer of the overtime and by the employee of his or her
intention to refuse the working of additional hours; and
(v) any other
relevant matter.
21.2 Eligibility
(a) Subject to
clause 18 - Hours of Work, overtime will mean all authorised time worked
before, after or beyond the normal hours of work.
(b) An employee is
not entitled to the payment of overtime where the employee agrees to forego
overtime payments pursuant to sub-clause 31.6 - Carer’s Leave
21.3 Rate of payment
(a) Unless otherwise
specified in the Award, and subject to sub-clause (b) below, payment for all
approved overtime will be paid at the following rates:
(i) Monday to
Friday - time and one half for the first two hours and double time thereafter;
(ii) Saturdays -
time and one half for the first two hours and double time thereafter, and all
time after 12 noon at double time;
(iii) Sundays -
double time;
(iv) Public Holidays
- double time and one half;
provided that an employee who is occupying a position
above Grade 12, will be paid overtime at Grade 12.4 rate.
(b) Any employee who
occupied a position with the evaluated rate between IPS 69 and IPS 76 under the
previous Award, will continue to receive overtime payment calculated at their
appropriate Grade pay point while the employee remains in the position. This
provision will cease to apply if the position of the employee is subsequently
re-evaluated at an equal or higher Grade.
(c) Employees
required to work overtime on a Saturday, Sunday, Public Holiday or a day they
are rostered off will work, or be paid, for a minimum of four (4) hours, except
where such overtime is continuous with overtime commenced on the previous day.
(d) Where employees
are required to work overtime both before and after their usual working hours
on the same day, the Employer will add the overtime hours worked both before
and after to make a total amount of overtime.
This total will be used to calculate when double ordinary rates become
payable.
(e) An employee
working overtime and finishing work at a time when reasonable means of
transport is not available shall be conveyed to their home within a reasonable
time by the Employer.
21.4 Salary for
overtime purposes
(a) Unless
specifically identified in this Award in relation to a particular provision,
special rates or allowances will not be taken into consideration in the
computation of overtime.
22. Call-Out
22.1 Employee required
to leave home
(a) These provisions
will apply in circumstances when the employee is called back to work and is
required to leave home and return to a work location.
(i) Employees
called back to work after the usual ceasing time and before 6.00 a.m. on the
next working day will be paid a minimum of four (4) hours at the appropriate
overtime rates.
(ii) Any further
call-outs within the four (4) hour period set by the first call are covered by
the initial four (4) hour payment.
(iii) Call-outs
after the initial four (4) hours are paid at the appropriate overtime rate for
the actual time of the call out.
(iv) Payment will be
calculated from the time the employees leave home to attend the call-out until
they return.
(v) Any time worked
by an employee called out will not contribute toward the calculation of that
employee's ordinary hours.
22.2 Call-out without
employee leaving home
(a) These provisions
will apply where an employee is called at home and is able to resolve the issue
without leaving home:
(i) The employee
will be paid in 30 minutes segments at overtime rates under sub-clause 21.3 for
the time it takes to resolve the issue.
(ii) If the
employee is called more than once on the same issue, the time for calculating
payment will commence from the first call and finish at the time the matter is
resolved provided the gap between calls does not exceed 3 hours.
(iii) If the gap is
greater than 3 hours, the matter will be regarded as a new issue.
(iv) If a person is
called on another issue while the first issue remains unresolved, the time for
calculating payment will end when the second issue is resolved, provided the
gap between any calls does not exceed 3 hours.
23. Stand-By
23.1 Purpose
(a) It is recognised
that the Employer has a statutory requirement to provide an efficient service
to the public. To this end, nominated employees may be placed from time to time
on a stand-by roster in order to maintain out of hours services.
(b) The term
"stand-by" means the person is rostered to be contactable, and able
to respond to a call-out within a reasonable time.
23.2 Stand-by payments
(a) An employee
rostered to stand-by will be paid at the following rates:
(i) Weeknights
(exclusive of public holidays) - 2 hours pay at single time
(ii) Saturdays,
Sundays and public holidays - 8 hours pay at single time per 24 hour day.
(iii) Standing-by
during weeknights will be deemed to
(A) Commence from
ceasing hours of work (including continuous overtime) or rostered work on one
day, and
(B) End at normal
starting time on the next working day.
(b) Stand-by time
will not be computed as overtime but will be paid at single rates.
23.3 Overtime worked
in conjunction with stand-by
(a) Where an
employee is required to do overtime whilst on stand-by the employee will be
paid rates in accordance with the provisions of the clause 21 - Overtime, in
addition to any standing-by payment.
24. Travelling Time
24.1 Definitions
(a) For the purpose
of this clause:
(i) "Sent
temporarily to work away" means where employees are required to report to
another work location for a specified period, which does not contemplate a
permanent placement.
24.2 Entitlements
(a) Employees sent
temporarily to work away from their recognised office and required and approved
to commence travel before 7 am or finish travel after 6 pm, will be entitled to
payment at single time rates for all time occupied in travelling to and from
the job in excess of one (1) hour for each journey.
(b) Travelling time
cannot be claimed as overtime.
25. Declared Incident
Conditions
25.1 Definitions
(a) "Declared"
the term does not include any declaration made under the SCA Corporate Incident
Management Manual.
(b) "Day
shift" refers to employees who are rostered to start their normal hours of
work sometime during the normal spread of hours.
(c) "Incident"
means
(i) bush fire
emergency declared under section 44 of the Rural Fires Act 1997, or
(ii) any other
Incident declared by the Minister, or
(iii) a declaration
by the Chief Executive that the entitlements of clause 25 -Declared Incident
Conditions, will apply to staff engaged in managing the Incident.
(d) "Incident
Control" means the Incident management team including Divisional and
Sector Commanders.
(e) "Night
shift" refers to employees who are required to work their normal hours
outside the spread of hours of 7.00am and 6.00pm.
(f) "Normal
hours" refers to employees who are employed to work a 35 hours per
week.
(g) "Rest
break" means the time between ceasing normal hours of work or Incident
shift and commencing next period of work or Incident shift at the same or a
different work location and includes all time spent on any travel between the
work location(s) and where the rest break will take place, i.e. home or the
accommodation provided by the SCA under sub-clause 25.4 below.
(h) "Roster"
means the scheduled work arrangements made by a Manager or Incident Controller
during an Incident according to the nature of needs. Being rostered means that
the SCA directs the person to work at a particular time and/or at a particular
location. The term does not include employees’ normal working arrangements.
(i) "Shift"
means the hours the employee is required to work during the Incident. There is
no "shift work" as such applicable to the SCA under the Award.
(j) "Site"
means the location of an Incident.
(k) "Site
duty" means being engaged in on-ground Incident related activities
(l) "Work
arrangement" means the approved work pattern in which normal hours are
worked.
25.2 Application and
inconsistency with other provisions of the Award
(a) The following
conditions apply in circumstances where an Incident is declared and until such
time as the declaration of the Incident is lifted.
(b) Where the
conditions in this clause are inconsistent with any other provisions of this
Award, the provisions of this clause will prevail.
(c) The operation of
clauses 21 - Overtime, and 24 - Travelling Time, will be suspended at the time
of the Incident being declared for those employees involved in the Incident
unless otherwise provided in this clause.
(d) The operation of
clause 18 - Hours of Work, will be suspended at the time of the Incident being
declared for those employees involved in the Incident. Any flexiday in credit
at the time of the declaration or accrued during Incident work or were due to
be taken during the Incident will be carried forward to the next settlement
period. Such flexidays will not count toward the limit applicable to Flexiday
accrual and must be taken at the earliest convenient time.
(e) Calculation of
any of the entitlements in this clause will be based on the employee’s approved
work arrangement that specifies normal commencement and finishing times in
accordance with 35 hour week arrangements.
(f) As soon as an
Incident occurs, any person who is
(i) Rostered for
Incident duties on behalf of the SCA;
(ii) Rostered for
fire fighting duties by Incident Control; or
(iii) Directed or
rostered to undertake operational or administrative tasks associated with the
Incident,
must keep a diary using the Incident Activities Diary
form.
(g) When an employee
is rostered for Incident duties, the duties will start from the site or work
location at which the employee is rostered to work, and finish at the end of
the rostered time at that site or work location except in circumstances where
the employee is required to travel to another site or work location in which
case the work will finish at the last site or work location.
(h) Subject to
sub-clause 25.6 below, employees may only be required to work a maximum of
twelve hours on site.
25.3 Rest breaks and
fatigue management
(a) The health,
safety and well-being of employees is of utmost importance to the SCA. It is
the responsibility of the Manager or Incident Controller or nominee to ensure
that reasonable shifts and rest breaks are adhered to.
(b) Work
arrangements and rosters must ensure that employee have appropriate rest periods
when working under fire related emergency conditions. To this end, this Award
provides the framework for rostering arrangements and prescribes limits to work
arrangements, including prescribed rest breaks. While the Award provides
compensation for situations where an employee is not allowed a 10 hour break
between shifts, this provision is not designed to be used to negate the
obligation to afford a 10 hour rest break.
(c) It is important
to manage fatigue as it increases the risk of injury, reduces awareness and
decision making capacity.
(d) Managers/Incident
Controllers need to exercise duty of care in making staffing arrangements in
response to an Incident. Fatigue management must be a key consideration in
rostering an employee for Incident related work:
(i) In order to
manage fatigue, Managers/Incident Controllers should ensure that employees
adhere to their rostered hours, cease work and have adequate rest breaks.
(ii) A Manager or
Incident Controller would need to consider removing an employee from the roster
in order to manage fatigue.
(iii) Employees have
an obligation to inform their Manager/Incident Controller if they feel that
fatigue impacts on their health and well-being and ability to continue work
on-ground Incident related tasks.
25.4 Provision of
accommodation
(a) Where it is the
view of an employee that it is not possible or feasible for the employee
(i) To return home
at the end of the shift for a rest break before the commencement of the next
shift, or
(ii) To recommence
work at the employee’s normal place of work,
the employee may request the Manager or Incident
Controller to make arrangements for the provision of suitable accommodation.
(b) The Manager or
Incident Controller in making a decision in this regard, will have regard to
(i) The length and
location of the rostered work,
(ii) The
requirement for a 10 hour rest break before the next roster or return to the
employee’s normal work location,
(iii) The distance
to the employee’s home,
(iv) Fatigue
management requirements, and
(v) Availability of
suitable accommodation.
(c) The request will
not unreasonably be refused.
25.5 Call-out
(a) An employee who
is not rostered for work and is called back to work at an Incident after
finishing work will be paid a minimum of four (4) hours at the appropriate
overtime rates.
(b) Payment will be
calculated from the time the employee leaves home or the accommodation provided
by the SCA to attend the call-out until they return to home or to the
accommodation provided by SCA.
(c) Any time worked
by an employee called out will not contribute toward the calculation of that
employee's ordinary hours.
25.6 Entitlements
25.6.1 Incident Control,
operational and support functions
(a) The following
provisions will apply to all employees required to work in Incident Control,
operational and administrative support functions:
(i) Employees may
be rostered to work in either
(A) Normal hours
(i.e. 7 hrs per day) for a continuous period not exceeding 12 days (including
work on Saturdays, Sundays or Public Holidays);
(B) Up to 12 hours
per shift (normal hours and overtime) plus handover briefing and debriefing for
a maximum of 5 days provided that
(1) These employees
must have a 10 hour rest break between finishing work on one day and commencing
work next;
(2) After each 5
consecutive days worked on a 12 hour shift, employees must have 2 rest days
(unpaid); and
(3) Overtime will be
paid in accordance with sub-clause 21.3.
(C) In accordance
with night shift provisions at sub-clause 25.6.4;
(D) In accordance
with 7-day roster provisions at sub-clause 25.6.3; or
(E) A mix of site
and non-site related duties in which case the relevant site duty provisions
will apply.
(b) Employees
rostered to work without having their 10 hour rest break will be paid at time
and one half for the first two hours and double time thereafter from the
commencement of the next shift until they are released from duty. They will then be entitled to be absent for
a rest break of ten (10) consecutive hours without loss of pay if the 10 hours
or part thereof fall on a normal workday.
25.6.2 Site duties -
First 24 hours
(a) The first shift
falling within or following the declaration of an Incident may extend to a
maximum of sixteen hours. Hours include normal hours of work and continuous
overtime hours. (The intention of this Award is to allow flexibility in
exceptional circumstances; e.g., new crews arriving late, unforeseeable
worsening of the Incident).
(b) In the above
circumstances, an employee will be entitled to be paid for hours worked as
follows
(i) Double time
(normal pay + single pay) for all continuous hours worked on week days; and
(ii) Double time
and a half for all continuous hours worked on Saturdays, Sundays and Public
Holidays.
(c) Payment under
this sub-clause will be regarded as overtime for relevant purposes.
(d) Following a 16
hour shift, the employee must have a 10 hour rest break before returning to
normal hours or work on a shift without loss of pay. 10 hours include all time
spent on any travel between the site and home or the accommodation provided by
the SCA under sub-clause 25.4 above.
(e) For full-time
employees, normal salary (single time) is paid if the 10 hour rest break (or
part thereof) falls between the span of hours of 7.00 am and 6.00 p.m. Monday
to Friday. Part-time employees will be entitled to receive payment if they
would have worked on that day.
25.6.3 Site duties - 7
day roster
(a) The following
provisions apply to an employee who completes a 7-day roster to work in relation
to an Incident with the pattern of
(i) 3 consecutive
shifts (maximum of 12 hours per shift);
(ii) 1 day (24
hours) paid rest day; the employee will be paid a normal day’s pay at single
rates regardless of day of week on which the rest day falls; and
(iii) 3 consecutive
shifts (maximum of 12 hours per shift).
(b) Employees, who
have completed a 7-day roster in accordance with the above, must have 2 days
off prior to returning to normal work or on site work. Such days off will be
unpaid, regardless of the day of the week on which the days fall. However, an
employee may elect to take flexiday(s) due if the rest break falls on a day
during Monday to Friday.
(c) If the 7-day
roster includes night shift, payment will be made in accordance with sub-clause
25.6.4(b). In all other circumstance the relevant penalty rates under
sub-clause 21.3 - Overtime, will apply to overtime.
(d) Following the
completion of rostered hours (including continuous overtime), employees must
have a 10-hour rest break before returning to normal hours or another shift.
These 10 hours include all time spent on any travel between the site and home
or the accommodation provided by the SCA under sub-clause 25.4 above.
(e) Employees
directed to resume or continue work without having their 10 hour rest period
will be paid at time and one half for the first two hours and double time
thereafter until they are released from duty. They will then be entitled to be
absent for a rest period of ten (10) consecutive hours without loss of pay if
the rest break falls on a day between Monday to Friday.
25.6.4 Site duties -
night shift
(a) An employee
cannot
(i) Be rostered on
night shift on any day when normal hours have been worked on the day when the
night shift commences;
(ii) Return to normal
hours on the same day on which a night shift finishes; or
(iii) Be rostered on
another shift before a 10-hour break is taken between the shifts.
(b) An employee
rostered to work normal hours as night shift will be entitled to be paid as
follows:
(i) Night shift
during the period commencing between 6.00 pm and 11.59 pm Monday to Friday -
double time for all continuous hours worked on a shift (normal pay + single
pay).
(ii) Night shift
during the period commencing between 6.00 pm and 11.59 pm on Saturday, Sunday
or a Public Holiday - double time & a half for all continuous hours worked
on a shift (normal pay + single pay & a half).
(c) Payment is
regarded as overtime for relevant purposes.
(d) Employees must
have a 10-hour rest break between shifts or before returning to normal hours
without loss of pay if the break falls on a weekday. 10 hours include all time
spent on any travel between the site and home or the accommodation provided by
the SCA under sub-clause 25.4 above.
25.6.5 Meal breaks and
meal allowances
(a) No employee
shall have time deducted from pay for meal breaks unless they are actually
relieved of Incident Duties for the period of the break. Where meals are
provided to an employee on the ground and eaten in conjunction with Incident
duties, no deduction will be made from pay.
(b) Employees will
be entitled to be paid meal allowances provided under sub-clause 42(b) as
follows:
(i) If day shift
and continuous overtime finishes after 6 pm but before midnight - meal 3,
(ii) If day shift
and continuous overtime finishes after midnight but before 6 am the next day -
meals 3 & 2
(iii) If day shift
or night shift and continuous overtime finishes after 6 am the next day - meals
3 & 2 & 1.
25.6.6 Travelling time
(a) "Travelling
time" for the purposes of this clause means the period of travel between
the employee’s home and site duty or from site duty to the employee’s home.
(b) Travelling time
will be paid at the employee’s normal pay at single rate.
(c) Travelling time
cannot be claimed as overtime.
(d) Travelling time
is part of the rest break.
PART V - LEAVE AND PUBLIC HOLIDAYS
26. Public Holidays
26.1 Entitlements
(a) Employees are
entitled to be absent on full pay for all public holidays proclaimed as such
for the state of New South Wales or the County of Cumberland (except the first
Monday in August).
(b) Employees will
also be entitled to one additional day, which they may elect to take either:
(i) Between
Christmas Day and New Years Day; or
(ii) The Union
Picnic Day.
(c) The Union Picnic
Day will occur on or before the first Monday in November of each year or
another date to be approved by the Employer.
(d) Part-time
employees shall be entitled to be absent on full pay on public holidays,
provided that the public holiday falls on a day that the employee is scheduled
to work.
(e) Payment will
only be made if the employee is at work for the full day, or on approved
absence, on both their scheduled working days immediately before and after the
public holiday.
(f) Employees will
be regarded as having worked when they are on:
(i) Recreation
leave on full pay;
(ii) Rostered days
off;
(iii) Study leave;
(iv) Union training
leave;
(v) Approved sick
leave with or without pay;
(vi) When the job
has been closed by the Employer for reasons other than industrial action; and
(vii) Leave without
pay (provided the Public Holiday falls within the first fourteen (14) calendar
days of the leave).
(g) Public holidays
occurring during periods when an employee is on long service leave shall be
counted as part of the long service leave and not as holidays.
(h) Where a five (5)
day week is worked, no payment shall be made for holidays observed on a
Saturday or Sunday.
27. Recreation Leave
27.1 Entitlement
(a) Permanent
full-time employees receive 20 working days (4 weeks) recreation leave, for
each year of service.
(b) Part-time and
temporary employees will be entitled to recreation leave on a pro-rata basis.
(c) During the year,
recreation leave accrues on a proportional basis.
(d) For the purpose
of calculating recreation leave, any period in excess of seven (7) working days
during which an employee is on leave without pay will not be deemed to be
included in any year of an employee's service, except for employees referred to
in sub-clause (e) below.
(e) Any employee who
is:
(i) An accredited
delegate of the union/association contained in the clause 3 - Definitions, of
this Award;
(ii) Elected to a
Committee of Management or Welfare and Emergency Fund Committee; or
(iii) A member of a
consultative committee, and
(iv) Who takes leave
without pay to attend Union business,
will not lose any rights which accrue under this
clause.
27.2 Taking of leave
(a) Recreation leave
shall be taken at a time convenient to the Employer.
(b) All full time
employees are required to take their 20 day recreation leave within six (6)
months of its accrual date, part-time employees on a pro-rata basis, unless
they have the written permission of an authorised employee to defer their
leave. No approval to defer leave will
be granted if the employee's current balance is more than 70 days.
(c) Unless it is not
practical, or there are exceptional circumstances, employees should seek
approval of their leave application at least one (1) month before the date from
which the leave is to commence.
(d) If no
application for leave is received before the commencement of leave, leave will
be taken as Leave Without Pay unless the employee provides acceptable reasons
to the Chief Executive.
(e) The Employer may
direct an employee, by the giving of four (4) weeks notice, to take the balance
of their current year's entitlement.
27.3 Conserved leave
(a) Recreation leave
balance in excess of 80 days after six months of becoming due will be deemed
conserved leave. Workforce Planning will notify the employee in writing of the
number of days being conserved.
(b) The Chief
Executive may approve the taking of conserved leave on request from an employee
where the employee demonstrates the need for leave in excess of the leave days
otherwise available to the employee.
(c) Recreation leave
deemed to be conserved (less already taken) will be paid out on termination of
service at the employee’s pay point most paid during the twelve (12) months
immediately prior to termination date, but in any case at a rate no less than
the employee’s substantive pay point.
27.4 Payment for leave
(a) Recreation leave
will represent time off work, and in no case shall an employee receive two (2)
pays for the same day.
(b) Employees are
entitled to be paid in advance for their period of leave on request. Where an
employee has given notice that they require their leave to be paid in advance,
and through the fault of the Employer, this has not occurred, the employee will
be entitled to:
(i) A maximum of
two (2) hours ordinary pay; and
(ii) Reasonable
fares for collecting their pay once leave has commenced.
(c) Upon
termination, employees will receive the monetary value of their untaken leave
balance.
(d) Recreation leave
will be paid at the pay point most paid during the 12 months immediately before
the date of termination.
28. Recreation Leave
Loading
28.1 Entitlement
(a) For the purposes
of calculation, a leave year is from 1 December one year to 30 November the
next year, and the amount paid will be in respect of each calendar year
completed.
(b) The rate of
leave loading is 17.5% of up to four (4) calendar weeks recreation leave
provided that the maximum monetary amount of leave loading will not exceed the
value of the leave loading for pay point 2 of Grade 14.
(c) Leave loading is
paid only once for a leave year.
(d) The monetary
value of the leave loading will be paid in the first pay in December each year.
(e) Loading is not
paid:
(i) On resignation,
(ii) Where the employee
has been dismissed by the Employer for serious misconduct,
(iii) Upon the death
of an employee,
(iv) In respect of
broken periods of service, or
(v) To employees
regarded as trainees on full time courses at Universities.
29. Long Service
Leave
29.1 Definitions
(a) The term
"days" shall include all days, excluding Saturdays and Sundays the
employee would have been normally scheduled to work. Public holidays that fall whilst an employee is on a period of
long service leave will be paid and not debited from an employee’s leave
entitlement.
(b) The term
"service" for purposes of this clause means all periods of broken
service of employment recognised under the Public Sector Employment and
Management Act 2002, or the Public Sector Management Act 1988,
employment with the Sydney Water Corporation including its predecessors and
employment with the SCA.
(c) "Net
service" means recognised service less any period of unpaid leave in
excess of 10 days, subject to sub-clause 30.14 - Sick Leave Without Pay.
29.2 Entitlement
29.2.1 Full-time
employees
(a) Full-time
employees receive 44 days long service leave after ten (10) years of continuous
net service.
(b) After completion
of the first ten (10) years of continuous service, long service leave will accrue,
on a daily basis, at the rate of 10.9 days per year.
(c) From the
commencement date of this Award, employees with 7 years or more service will be
entitled to take or be paid out on resignation long service leave in the usual
manner.
29.2.2 Part-time employees
(a) Part-time
employees receive long service leave on a proportional basis based on the
number of hours worked in relation to full-time hours. Part-time employees leave is calculated by
the following formula:
|
Full-time entitlement to
|
x
|
No of Part-time
hours
|
=
|
LSL entitlement
|
|
LSL
|
|
No of Full-time
hours
|
|
|
29.2.3 Casual employees
(a) Casual employees
are entitled to long service leave on a proportional basis on the number of
ordinary hours worked in relation to full time ordinary hours of the position.
Casual employees leave is calculated by the following formula:
|
Full-time employee
|
x
|
No of ordinary
casual hours
|
|
|
|
entitlement to LSL
|
|
No of ordinary
full time hours of
|
=
|
LSL entitlement
|
|
|
|
position
|
|
|
29.3 Taking of leave
(a) Long service leave
may only be taken at a time convenient to the Employer.
(b) Accrued long
service leave may be taken on full pay (i.e. one day’s pay for one day’s leave)
or on half pay (i.e. half a day’s pay for one day’s leave).
(c) Unless there are
exceptional circumstances or where it is not practical, employees shall seek
approval of their leave application at least one (1) month of the date from
which the leave is to commence.
29.4 Accrual of leave
(a) Long service
leave is fully accumulative.
(b) Long service
leave accrues whilst employees are on any type of paid leave.
(c) Any employee who
is:
(i) An accredited
delegate of the union/association contained in clause 3 - Definitions, of this
Award; or
(ii) Elected to a
Committee of Management or Welfare and Emergency Fund Committee,
(iii) Member of
Consultative Committee, and
(iv) Who takes leave
without pay to attend Union business
will not lose any rights which accrue under this
clause.
29.5 Pro-rata
entitlement on termination
(a) Employees who
have completed between five (5) and less than seven (7) years continuous
service and whose services are terminated in the circumstances set out in
sub-clause (b) below, are entitled to payment of a proportional amount of long
service leave on full pay calculated on the basis of three (3) months leave for
fifteen years of service. There is no requirement for an employee with seven
(7) or more years of service to have been terminated or resign due to one of
the requirements of sub clause (b) to claim an entitlement.
(b) Employees are
entitled to payment of a proportional amount of long service leave where their
services are terminated:
(i) By the Employer
for any reason other than serious and wilful misconduct;
(ii) By the
employee because of illness, incapacity, domestic or other pressing necessity;
(iii) Due to the
death of the employee; or
(iv) Due to work not
being available at the pay point to which the employee has been appointed and
where the only alternative employment with the Employer is at a lower pay point.
29.6 Payment for leave
(a) Long service
leave will be paid at the rate prescribed for the pay point most paid during
the twelve months immediately prior to commencing such leave or ceasing duty in
the Employer's service, but in any case at no less than the employee's
substantive rate at time of taking leave.
30. Sick Leave
30.1 Purpose of sick
leave
(a) Sick leave is
provided to employees who are unable to perform their duties because of genuine
illness or incapacity. Sick leave
should not be construed as a right to more leave.
30.2 Amount of leave
(a) An employee may
be granted up to 20 days sick leave on full pay in a sick leave year.
(b) A sick leave
year is the 12 months from 1 December to 30 November.
(c) If an employee's
services are terminated and they are subsequently re-employed in the same
calendar year, the amount of sick leave credited to the employee on
re-employment for that year will not exceed 20 days or the amount they would
have been entitled to had their employment been continuous, whichever is the
lesser.
(d) The unused
amount of sick leave will be available in following sick leave years, i.e. sick
leave is fully accumulative.
30.3 First year of
service
(a) During the first
year of service, an employee shall be credited with a proportional amount of
sick leave based on the date employment commenced. For the first year of service, sick leave will be credited on the
following basis:
(i) If service
commences on or after 1 December and before 1st March, 20 days sick leave;
(ii) If service
commences on or after 1 March and before 1st June, 15 days sick leave;
(iii) If service
commences on or after 1 June and before 1st September, 10 days sick leave;
(iv) If service
commences on or after 1 September and before 1 December, 5 days sick leave.
30.4 Part-time
employees
(a) The amount of
sick leave available is at a proportional rate based on the number of hours
worked in relation to full-time hours.
The amount of sick leave for a part-time employee is calculated by the
following formula:
|
No of Part-time hours
|
x
|
full-time
entitlement
|
=
|
sick leave for part-
|
|
No of Full-time hours
|
|
(in hours)
|
|
time employee
|
30.5 Temporary
employees
(a) Temporary
employees are entitled to sick leave on a pro rata basis.
30.6 Taking of sick leave
(a) Subject to the
satisfaction of the Employer, an employee may be granted sick leave to cover an
absence where the employee is unable to perform their duties because of illness
or incapacity which has not been caused by their own misconduct.
30.7 Notice of illness
(a) An employee
shall notify their Manager of their inability to attend work due to illness or
incapacity as soon as possible and, in any case, within 24 hours of the
beginning of the absence. The employee
must also advise their Manager of the estimated length of the absence.
30.8 Provision of
medical certificate
(a) A medical
certificate must be supplied to the Employer for an absence of sick leave of
four (4) or more consecutive days.
(b) An employee with
less than 12 months' service who is absent on sick leave for any period, may be
required by the Employer to submit a medical certificate showing the nature of
the illness.
(c) These provisions
do not restrict the Employer from directing employees to provide medical
certificates for any period of sick leave.
(d) The term
"medical certificate" includes the following:
(i) Where the
absence is for a period of one week or less, a certificate issued by a dentist,
optometrist, chiropractor, osteopath, physiotherapist, oral and maxillo-facial
surgeon or, at the discretion of the Chief Executive, another registered health
service provider;
(ii) When the
absence exceeds one week, and unless the registered health service provider is
also a registered medical practitioner, applications for any further sick leave
must be supported by a medical certificate from a registered medical
practitioner.
30.9 Supplement to
workers compensation payments
(a) An employee
shall not be entitled to paid sick leave for any period where they are entitled
to full workers' compensation payments.
(b) Where an
employee is not in receipt of full workers' compensation payments and they have
sick leave entitlements, at the request of the employee, the Employer shall pay
to that employee the difference between the workers' compensation payments and
full pay. The employee's sick leave
entitlements will be reduced by the appropriate amount. When sick leave entitlements have been
exhausted, the workers' compensation payments only shall be payable.
30.10 Payment for sick
leave
(a) Sick leave shall
be paid at the pay point most paid during the twelve (12) months immediately
prior to commencing such leave or in any case not less than their substantive
rate.
(b) Part-time
employees will only be paid sick leave for the absences that occur during the
hours they were scheduled to work.
30.11 Illness whilst on
recreation or long service leave
(a) Where employees
who are eligible for sick leave produce a valid medical certificate that is
acceptable to the Employer, stating they were sick whilst on recreation or long
service leave, they may be recredited with the recreation or long service leave
for the period of illness.
(b) Any period of
illness whilst on recreation leave may be converted to sick leave and the
equivalent amount of recreation leave recredited to the employee.
(c) In the case of
long service leave, the illness must be of at least five (5) consecutive
working days before the long service leave may be converted to sick leave.
(d) If an employee
takes sick leave whilst on recreation or long service leave, the amount of sick
leave taken will be deducted from the employee's sick leave entitlement.
30.12 Workers
compensation
(a) Workers
compensation will be in accordance with the relevant workers compensation
legislation.
30.13 Claims other than
workers compensation
(a) If the
circumstances of any injury to or illness of a employee give rise to a claim
for damages or to compensation, other than compensation under the Workplace
Injury & Illness Management Act or Occupational Health & Safety Act,
sick leave on full pay may, subject to and in accordance with this clause, be
granted to the employee on completion of an acceptable undertaking that:
(i) Any such claim,
if made, will include a claim for the value of any period of paid sick leave
granted by the SCA to the employee; and
(ii) In the event
that the employee receives or recovers damages or compensation pursuant to that
claim for loss of salary or wages during any such period of sick leave, the
employee will repay to the SCA the monetary value of any such period of sick
leave.
(b) Sick leave on
full pay shall not be granted to a employee who refuses or fails to complete an
undertaking, except in cases where the Chief Executive is satisfied that the
refusal or failure is unavoidable.
(c) On repayment to
the SCA of the monetary value of sick leave granted to the employee, sick leave
equivalent to that repayment and calculated at the employee’s ordinary rate of
pay, shall be restored to the credit of the employee.
30.14 Sick leave
without pay
(a) Sick leave
without pay counts as service for the accrual of recreation leave and paid sick
leave.
(b) Sick leave
without pay, which does not exceed 6 months, counts as service for the accrual
of long service leave for employees with 10 years or more of service.
(c) When determining
the amount of sick leave accrued, sick leave granted on less than full pay is
converted to its full pay equivalent.
31. Carer’s Leave
31.1 Use of sick leave
(a) An employee with
responsibilities in relation to a family member set out in sub-clause (d)
below, who needs the employee’s care and support, shall be entitled to use, in
accordance with this provision, any current or accrued sick leave credits for
absences to provide care and support for such persons when they are ill.
(b) Such leave may
be taken for part of a single day.
(c) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer’s leave under this sub-clause where another person
has taken leave to care for the same person.
(d) The entitlement
to use sick leave in accordance with this sub-clause is subject to:
(i) The employee
being responsible for the care of the person concerned; and
(ii) The person
concerned being:
(A) A spouse or
former spouse of the employee;
(B) A de facto
spouse, being a person of the opposite sex to the employee who lives with the
employee as her husband or his wife on a bona fide domestic basis although not
legally married to that employee;
(C) A child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child) parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or the de facto
spouse of the employee;
(D) A same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(E) A person related
by blood, marriage, affinity or Aboriginal kinship structures and living in the
same domestic dwelling. In this
context, "affinity" means that one spouse or partner has to the relatives
of the other.
(e) An employee
shall, wherever practicable, give the Employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship with the employee, the reasons for taking such leave and
the estimated length of absence. If it is not practicable for the employee to
give prior notice of absence, the employee shall notify the Employer by
telephone of such absence at the first opportunity on the day of absence.
31.2 Leave without pay
for carer’s leave purposes
(a) An employee may
elect, with the consent of the Employer, to take leave without pay for the
purpose of providing care and support to a member of a class of person set out
in sub-clause 31.1(d)(ii) who is ill.
31.3 Annual leave
taken for carer’s leave purposes
(a) An employee may
elect with the consent of the Employer, subject to the Annual Holidays Act
1944, to take annual leave not exceeding five days in single day periods or
part thereof, in any calendar year at a time or times agreed by the parties.
(b) Notwithstanding
the provision of sub-clause 28.1(c) - Leave Loading, the employee and the
Employer may agree to the payment of the full annual leave loading, if
available, when the employee takes annual leave days for purposes of carer’s
leave.
31.4 Time off in lieu
of overtime
(a) An employee may
elect, with the consent of the Employer, to take time off in lieu of payment
for overtime at a time or times agreed with the Employer within 12 months of
the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with sub-clause (a) above, the
leave is not taken for whatever reason, payment for time accrued at overtime
rates shall be made at the expiry of the 12-month period or on termination.
31.5 Make up time
(a) Notwithstanding
the provisions of clause 18 - Hours of Work, an employee may elect, with the
consent of the Employer, to work "make-up time", under which the
employee takes time off ordinary hours, and works those hours at a later time,
during the spread of ordinary hours provided in the Award, at the ordinary rate
of pay.
31.6 Flexidays off
(a) Notwithstanding
the provisions of clause 18 - Hours of Work, for the purposes of carer’s leave,
an employee may elect, with the consent of the Employer, to take -
(i) A flexiday off
at any time; and
(ii) Flexidays off
in part day amounts.
(b) Notwithstanding
the provisions of sub-clauses 18.7 and 18.8, an employee may elect, with the
consent of the Employer, to accrue some or all Flexidays off for the purposes
of creating a bank to be drawn upon for carer’s leave purposes at a time
mutually agreed between the Employer and employee, or at reasonable notice by
the employee or the Employer.
32. Family and
Community Service Leave
32.1 Purpose
(a) The Chief
Executive may grant to an employee some, or all of their accrued FACS leave on
full pay, for reasons relating to family responsibilities, performance of
community service or emergencies.
(b) Such cases 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 employee’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 an employee’s property and/or prevents an employee from
reporting for duty;
(iv) Attending to
family responsibilities such as - citizenship ceremonies, parent/teacher
interviews or attending child's school for other reasons;
(v) Attendance at
court by an employee to answer a charge for a criminal offence, only if the
Department Head considers the granting of FACS leave to be appropriate in a
particular case;
(vi) Attendance as a
competitor in major amateur sport (other than Olympic or Commonwealth Games)
for employees who are selected to represent Australia or the State; and
(vii) Absence during
normal working hours
(A) To attend
meetings, conferences; and
(B) To perform duties
associated with holding office in Local Government, and which duties
necessitate absence during normal working hours for these purposes, provided
that the employee does not hold a position of Mayor of a Municipal Council,
President of a Shire Council or Chairperson of a County Council.
(c) "Family"
or "relative" used here means:
(i) A spouse or a
former spouse of the employee; or
(ii) A de facto
spouse, being a person of the opposite sex to the employee who lives with the
employee as her husband or his wife on a bona fide domestic basis although not
legally married to that employee; or
(iii) A child or an
adult son or daughter (including an adopted child, a step child, a foster child
or an ex-nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or of the spouse or of the
de facto spouse of the employee; or
(iv) A same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) A person related
by blood, marriage, affinity or Aboriginal kinship structures and living in the
same domestic arrangement. In this
context, "affinity" means that one spouse or partner has to the
relatives of the other.
32.2 Entitlement
(a) The maximum
amount of FACS leave on full pay which may be granted to an employee is as
follows:
(i) New employees
(A) An employee will
be credited with 2 ½ days of FACS leave at the commencement of service with the
SCA, and
(B) On completion of
the first year of service, the employee may be granted 5 of the employee’s
working days as FACS leave in any period of 2 years; or
(C) After the
completion of 2 year’s continuous service, the available FACS leave is
determined by allowing 1 day’s leave for each completed year of service less
the total amount of short leave or FACS leave previously granted to the
employee,
whichever is the greater of sub-clauses (B) and (C)
above.
(ii) Employees
employed in the SCA at the time this Award comes into operation:
(A) An employee will
be credited with 5 days of FACS leave at the date on which this Award comes
into operation.
(B) An employee may
be granted 5 of the employee’s working days as FACS leave in any period of 2
years; or
(C) The available
FACS leave is determined by allowing 1 day’s leave for each completed year of
service less the total amount of short leave or FACS leave previously granted
to the employee;
whichever is the greater of sub-clauses (B) and (C)
above.
(b) Part-time
employees - pro rata.
(c) If the available
FACS leave is exhausted as a result of natural disasters, the Chief Executive
shall consider applications for additional FACS leave, if some other emergency
arises. On the death of a person defined in clause 31- Carer’s Leave,
additional paid FACS leave of up to 2 days may be granted on a discrete, per
occasion basis to a employee.
32.3 Carer’s Leave and
Family & Community Service leave
(a) In cases of
illness of a family member as defined under sub-clause 31.1(d)(ii) - Carer’s
Leave, should be used.
32.4 Other leave
(a) The Chief
Executive may grant employees other forms of leave such as accrued recreation
leave or time off in lieu and so on for FACS leave purposes.
(b) Notwithstanding
the provisions of sub-clauses 18.7 and 18.8, an employee may elect, with the
consent of the Employer, to accrue some or all RDOs off for the purposes of
creating a bank to be drawn upon for FACS leave purposes at a time mutually
agreed between the Employer and employee, or at reasonable notice by the employee
or the Employer.
33. Maternity Leave
33.1 Entitlements
33.1.1 Paid maternity
leave
(a) For the purposes
of this clause "weeks" means calendar weeks.
(b) A full 40-week
continuous period of employment determines the employee’s eligibility for purposes
of maternity leave entitlements.
(c) A female
employee who has completed forty (40) weeks' continuous service (as recognised
by the Employer) prior to the birth of her child is eligible for:
(i) Fourteen (14)
weeks leave on full pay; or
(ii) Twenty eight
(28) weeks leave on half pay.
(d) Where there has
been a break in service, i.e. the employee has left the organisation and later
been re-employed another forty (40) weeks' continuous service must be completed
in order to become eligible for paid maternity leave.
(e) Unless there has
been a break in service as described in (d) above, an employee who has met the
conditions for paid maternity leave once, will not be required to again work
the forty (40) weeks' continuous service in order to become eligible for
another period of paid maternity leave.
(f) Periods of
leave without pay do not constitute a break in the continuity of service. However, the period of leave without pay is
not included in determining the initial forty (40) weeks.
33.1.2 Unpaid maternity
leave
(a) A female
employee is entitled to unpaid maternity leave when a medical certificate
verifying her pregnancy and expected date of birth accompanies her leave
application.
(b) Employees
eligible for maternity leave will be entitled to the equivalent of 12 months
unpaid maternity leave after the actual date of birth of the child. The twelve
(12) month maternity leave entitlement may be taken as follows:
(i) On a full-time
basis, for up to a maximum of twelve (12) months, from the child's date of
birth; or
(ii) On a part-time
basis, up to a maximum of two (2) years, from the child's date of birth; or
(iii) Combinations
of full-time and part-time leave, provided that no more than twelve months'
(full-time equivalent unpaid) maternity leave on a full-time basis is taken and
that the balance taken part-time will conclude before the child's second
birthday.
(c) The total amount
of maternity leave will conclude prior to the child's second birthday.
(d) Sick leave is
not available during the unpaid period of maternity leave after the birth.
33.1.3 Notice of expected
date of birth, amount of leave and return to work
(a) Employees must
give the Employer at least ten (10) weeks written notice of the expected date
of birth.
(b) Employees must give
four (4) weeks written notice of the commencement date and the amount of leave
sought.
(c) The amount of
maternity leave may be varied, provided that the total period of maternity
leave does not exceed the maximum leave available under sub-clause 33.1.2, as
follows:
(i) The employee
may apply in writing, giving fourteen (14) days notice, to extend the period of
maternity leave. This can only be done
once.
(ii) The period of
maternity leave may, with the consent of the Manager, be shortened provided
that the employee gives fourteen (14) days notice.
(d) Employees must
confirm, in writing, their intention to return to work at least four (4) weeks
prior to the date of return.
(e) An employee's
paid recreation leave or long service leave entitlements may be taken instead
of, or in addition to, unpaid maternity leave.
33.1.4 Taking paid
maternity leave
(a) Paid maternity
leave can commence anytime from nine (9) weeks before the expected date of
birth, up to the actual date of birth, or in the period following confinement.
(b) Paid maternity
leave is not available any earlier than nine (9) weeks before the expected date
of birth, provided that if an employee gives birth prematurely and this occurs
before she was to commence her maternity leave, she will be regarded as
immediately on maternity leave from the date she takes leave to give birth.
33.1.5 Payment for
maternity leave
(a) Payment for
maternity leave is at the rate applicable when maternity leave is taken.
(i) A full time
employee will be paid at their normal rate of pay.
(ii) A part-time
employee employed under sub-clause 5.1.4(a) will be paid at the employee’s
usual rate of pay.
(iii) A part-time
employee who has completed forty (40) weeks continuous part-time service
pursuant to sub-clause 5.1.4(b) immediately prior to taking maternity leave
will be paid at the employee’s usual rate of pay. For the purposes of this
clause "usual rate of pay" will mean the amount paid for the hours
specified in the approved part-time work arrangement immediately prior to
taking paid maternity leave.
(iv) A part-time
employee who has completed forty (40) weeks continuous part-time service
pursuant to sub-clause 5.1.4(b) and reduces the part-time hours immediately
before taking maternity leave for reasons relating to the pregnancy, the
employee will be paid at the usual rate of pay applicable under the approved
part-time arrangement prior to the reduction in the hours.
(v) Where a
full-time employee who has completed forty (40) weeks continuous full-time service
converts to part-time employment under sub-clause 5.1.4(b) immediately before
taking maternity leave for reasons relating to the pregnancy, the employee will
be paid at the full-time rate.
(vi) Where a
full-time employee takes part-time LWOP in accordance with clause 40, the
employee will be paid as follows:
(A) If the period of
part-time LWOP is at least forty (40) weeks immediately prior to taking
maternity leave, the employee will be paid at the rate most paid during that
period;
(B) If the period of
part-time LWO is for a period of less than 40 weeks immediately prior to taking
maternity leave, the employee will be paid at the full-time rate.
(b) A full-time
employee who becomes pregnant and is eligible for further maternity leave
during a period of part-time maternity leave, will be paid maternity leave at
the full-time rate.
(c) Leave can be
paid as follows:
(i) As a lump sum
in advance; or
(ii) On a normal
pay basis at either fully pay or half pay; or
(iii) In a
combination of full and half pay.
33.2 Other Conditions
33.2.1 Pregnancy related
illness, miscarriage, still birth, or death of new born
(a) The term
"miscarriage" refers to the loss of an unborn child during the first
twenty (20) weeks of the pregnancy.
(b) The term
"still birth" refers to a birth whereby the child is born dead and
the death occurs after the first twenty (20) weeks of the pregnancy.
(c) In the event of
a still birth occurring within nine (9) weeks of the expected date of
confinement, an employee who is eligible for fourteen (14) weeks paid maternity
leave will still be entitled to this leave.
A medical certificate must be presented.
(d) If the
miscarriage or still birth occurs before this time, the employee will be
entitled to take sick leave for the period a doctor recommends as necessary.
(e) Where an
employee chooses not to take paid sick leave, she will be entitled to unpaid
"special maternity leave" for the period a doctor deems necessary.
This leave will be treated as maternity leave.
(f) If the newborn
child dies while the employee is on paid maternity leave, the entitlement
remains.
(g) If because of an
illness or risk associated with pregnancy, an employee is unable to continue to
work, then she may elect to take any available paid leave (sick, recreation or
long service leave) or to take sick leave without pay provided
(i) Where an
employee not yet on maternity leave suffers illness related to pregnancy, and
she has already exhausted her paid sick leave credits, she may take further
unpaid leave for the duration her doctor certifies necessary. This leave will
be known as special maternity leave.
(h) Subject to the
consent of their Manager and based on the demands of the business,
notwithstanding the provisions of clause 18 - Hours of Work, pregnant employees
will be allowed to vary starting and finishing times provided they work the
normal weekly hours for which they are employed.
33.2.2 Right of return to
former position
(a) An employee
returning from maternity leave, whether maternity leave had been taken
full-time or part-time or a combination of thereof, will be entitled to return
to her former position, including one which is redesigned during the maternity
leave period.
(b) The employee has
a right to return part-time or full-time, provided that if the employee returns
part-time, the provisions contained in sub-clauses 5.1.4(b)(iii) and 5.1.4(c)
will apply.
(c) If the former
position has been abolished, the employee shall be transferred to a position at
the same level of responsibility and pay and where practicable, at the former
location. Transfer to that position does not diminish the employee’s right to
return part-time.
(d) If the former
position has been relocated, an employee has a right to return to her former
position at the new location. Transfer to that location does not diminish the
employee’s right to return part-time.
(e) In cases where
an employee had been temporarily transferred to a "safe" job during
her pregnancy, "former position" will mean the position occupied by
the employee before the transfer.
33.2.3 Temporary transfer
to a "safe" job
(a) If, because of
an illness or risk associated with the pregnancy, an employee cannot carry out
the essential duties of their position, the employee will be temporarily
transferred to a more suitable position.
(b) The position
will be as close as possible in status and pay to the substantive position.
(c) If there is no
"safe" job available, the employee may, or the Employer may require
the employee to, take leave for the period certified as necessary by a
doctor. Such leave is to be treated as
maternity leave for these purposes.
33.3 Effect of
maternity leave on all types of leave
(a) Paid maternity
leave will count as service for the purposes of calculating all types of leave entitlements
provided that part-time maternity leave will count as service on a pro-rata
basis for the purposes of calculating recreation leave.
(b) Although unpaid
maternity leave does not count as service for the purposes of calculating leave
entitlements, it will not mean a break in the continuity of an employee's
service.
34. Adoption Leave
34.1 Definitions
(a) "Adoption
leave" means leave taken by a female or male employee in connection with
the adoption by the employee of a child under the age of 18 years (other than a
child who has previously lived continuously with the employee for a period of
at least 6 months or who is a child or step-child of the employee or of the
employee’s spouse).
(b) "Spouse"
includes a de facto spouse and same sex partner.
34.2 Entitlements -
paid adoption leave
34.2.1 Paid short
adoption leave
(a) Paid adoption
leave available to eligible employees, commencing from the date of placement of
the child is either:
(i) Where the
employee is the primary care giver, the maximum entitlements available are
either:
(A) Unbroken period
of fourteen (14) weeks at full pay; or
(B) Unbroken period
of twenty eight (28) weeks at half pay.
(ii) If the child
is aged 1-18 years old, the maximum entitlements available are either:
(A) Unbroken period
of three (3) weeks at full pay; or
(B) Unbroken period
of six (6) weeks at half pay
(b) Other forms of
paid leave may be taken as special adoption leave for the purposes of attending
any compulsory interviews necessary during the adoption process. Appropriate
documentation will need to be provided to certify that the absence is for this
purpose.
(c) Only one person
in a family can be nominated as primary care giver at any one time.
34.2.2 Eligibility
(a) Paid adoption
leave is available to employees who have completed 12 months continuous service
as recognised by the Employer, prior to the child being placed in their
care. For the purposes of this clause
"week" shall mean calendar week.
(b) Paid adoption
leave can commence from the date the child is placed in the employee's care.
(c) When there has
been a break in service whereby the employee has left the organisation and
later been re-employed, another 12 months continuous service must be completed
in order to qualify for paid adoption leave.
(d) Unless there has
been a break in service as described above, an employee who has met the
conditions for paid adoption leave once, will not be required to again work the
12 months continuous service in order to qualify for further periods of paid
adoption leave.
(e) Periods of leave
without pay do not constitute a break in the continuity of service. However, the period of leave without pay is
not included in determining the 12 months.
34.2.3 Notices and
documents required to be given to Employer
(a) Employees must
notify in writing, within fourteen (14) days of the expected date of placement,
or where not practicable, as soon as they are aware of the date, their
intention to take short adoption leave and the expected date of commencement of
such leave.
(b) Notification and
application for adoption leave must be supported by documentary evidence from
either the adoption agency or government authority certifying the intended
adoption.
34.2.4 Payments for leave
(a) Full time
employees will be paid at their normal rate of pay.
(b) Part-time
employees will be paid at their usual rate of pay. For the purposes of this
clause "usual rate of pay" will mean the amount paid for the
contracted hours immediately prior to taking adoption leave.
(c) Leave can be
paid as follows:
(i) As a lump sum
in advance
(ii) At their
normal pay point at either full pay or half pay; or
(iii) In a
combination of full and half pay.
(d) Full-time
employees who complete at least forty (40) weeks' continuous service and then
transfer to part-time employment immediately before taking adoption leave, will
be paid at their equivalent full-time rate.
(e) If the period of
part-time employment immediately before adoption leave is 40 weeks or more, the
employee will be paid as a part-time employee.
34.3 Entitlements -
unpaid adoption leave
34.3.1 Unpaid extended
adoption leave
(a) Employees will
be entitled to unpaid adoption leave from the date of placement of their child.
(b) Employees who
seek leave for an extended period when adopting a child may be granted unpaid
leave of absence for up to twelve (12) months from the date of placement of the
child. Leave may be taken as follows:
(i) On a full-time
basis, up to twelve (12) months from the date of placement of the child; or
(ii) On a part-time
basis, up to a maximum of two (2) years from the date of placement of the
child; or
(iii) A combination
of full-time and part-time leave, whereby, no more than twelve (12) months’
adoption leave on a full-time basis is taken and the balance taken part-time
will conclude before the second anniversary of the child being placed.
(c) Other forms of
paid leave may be taken as special adoption leave for the purposes of attending
any compulsory interviews necessary during the adoption process. Appropriate
documentation will need to be provided to certify that the absence is for this
purpose.
34.3.2 Conditions
(a) During an
employee's absence on unpaid adoption leave, paid sick leave will not be
available.
(b) Recreation leave
or long service leave may be taken in conjunction with, or in lieu of, unpaid
adoption leave. In these circumstances,
if the employee's return to work is more than twelve (12) months after the
adoption of the child, the right to return to their former position is no
longer guaranteed.
34.3.3 Notices and
documents required to be given to Employer
(a) Employees must
give at least ten (10) weeks notice, or where not practicable, as practicable
after the employee is notified of the expected date of placement of the child
in writing:
(i) Of the dates on
which the employee proposes to start and end the period of leave;
(ii) If applicable,
the period of any adoption leave sought or taken by his or her spouse; and
(iii) That the
employee is seeking that period of adoption leave to become the primary
caregiver of a child.
(b) An employee must
notify the Employer of any change in the information provided under this
section within 2 weeks after the change.
34.3.4 Right of return to
former position
(a) Provided an
employee returns to work within twelve calendar (12) months of placement of
their child, they will be entitled to return to their former position,
including one which is redesigned during the adoption leave period.
(b) If the
employee's former position has been abolished they will be transferred to a
position of the same level of responsibility and pay, and where possible, in
the former location.
(c) If the former
position has been relocated, the employee has the right to their former
position in the new location.
34.3.5 Variation of
adoption leave
(a) Provided that
the total period of adoption leave does not exceed the maximum leave available
under sub-clauses 34.2.1 and 34.2.2, the employee may apply in writing, giving
fourteen (14) days notice, to extend the period of adoption leave. This can only be done once.
(b) The period may
only be further lengthened by agreement between the employee and the Employer.
(c) The period of
adoption leave may be shortened with the consent of the Employer provided the
employee seeks approval fourteen (14) days in advance.
34.4 Effect of
adoption leave on other leave entitlements
(a) Paid adoption
leave will count as service for the purposes of calculating all leave
entitlements.
(b) Adoption leave
at half pay will count as service on a pro-rata basis for the purposes of
calculating all leave entitlements.
(c) Although unpaid
adoption leave will not count as service for the purposes of calculating any
leave entitlements, it will not mean a break in the continuity of an employee's
service.
35. Parental Leave
35.1 Entitlements
(a) Employees will
be eligible for parental leave when a
medical certificate verifying their partner’s pregnancy and expected date of
birth accompanies their leave application.
(b) Employees
eligible for parental leave will be
entitled to a maximum of 12 months' unpaid parental leave, following the birth
of their child.
(c) Employees will
be granted one (1) weeks paid leave following the birth of their child.
(d) Employees must
give the Employer at least ten (10) weeks written notice of the expected date
of birth of their child.
(e) Employees must
give four (4) weeks written notice of the commencement date and the amount of
leave sought.
(f) Employees must
confirm in writing their intention to return to work at least four (4) weeks
prior to the date of return.
(g) The leave can be
taken as follows:
(i) An unbroken
period of up to one week at the time of the child's birth, and
(ii) A further
unbroken period of up to 51 weeks, or on a part-time basis up to the child's
second birthday.
(h) The maximum
entitlements available under this provision are as follows
(i) On a full-time
basis up to 12 months, from the child's date of birth; or
(ii) On a part-time
basis up to a maximum of two (2) years from the child's date of birth; or
(iii) A combination
of full-time and part-time leave, provided that no more than 12 months'
parental leave on a full-time basis is taken, and that the balance taken
part-time will conclude before the child's second birthday.
(i) Recreation
leave or long service leave may be taken instead of, or in addition to,
parental leave.
(j) During an
employee's absence on parental leave, paid sick leave will not be available.
35.2 Premature birth
(a) In the event that
an employee's partner gives birth prematurely, the employee will be able to
commence his paternity leave from an earlier date.
35.3 Still birth
(a) An employee is
entitled to up to one (1) week's unpaid parental leave in the event of a still
birth occurring during the period nine (9) weeks before the partner’s expected
date of birth.
35.4 Right of return
to former Position
(a) Provided an
employee returns to work within 12 calendar months of their partner giving
birth, they will be entitled to return to their former position, including one
which is redesigned during the parental leave period.
(b) If the
employee's former position has been abolished, they will be transferred to a
position of the same level of responsibility and pay, and where possible, in
the former location.
(c) If the former
position has been relocated, the employee has the right to their former
position in the new location.
35.5 Effect of
parental leave on other leave entitlements
(a) Although unpaid
parental leave does not count as service for the purposes of calculating leave
entitlement, it will not constitute a break in the continuity of an employee's
service.
(b) Part-time
parental leave will count as service on a pro rata basis for the purposes of
calculating all types of leave entitlements.
36. Union Training
Leave
36.1 Purpose
(a) Employees may be
granted leave to attend training courses or seminars conducted or supported by
the Union.
36.2 Entitlements
36.2.1 Full-time
employees
(a) Full-time
employees may be granted up to 12 days leave on full pay in a two (2) year
period to attend training courses or seminars conducted or supported by the
Union.
(b) Further leave,
on a without pay basis, of 15 days in any one (1) year period, may be granted
where the trade union course is acceptable to both the Employer and the Union.
36.2.2 Part-time
employees
(a) Part-time
employees may be granted a proportional amount of Union training leave to
attend training courses and seminars conducted or supported by the Union.
(b) The maximum
amount of leave on full pay available in a two (2) year period is based on the
number of part-time hours in relation to the number of full-time hours and
calculated by the following formula:
|
No of part-time hours
|
x 12
|
=
|
maximum amount of Union training leave in a two (2)
|
|
No of full-time hours
|
|
|
year period
|
(c) Further leave,
on a without pay basis, may be granted on a proportional basis, where the trade
union course is acceptable to both the Employer and the Union. The amount of extra leave available will be
calculated by the following formula:
|
No of part-time hours
|
x
|
=
|
amount of leave without pay
|
|
No of full-time hours
|
15
|
|
|
36.2.3 Temporary
employees
(a) Temporary
employees receive Union training leave on a pro rata basis.
36.2.4 Conditions
(a) Employees must
be nominated by the recognised union of which they are a member to attend a
training course or seminar conducted or supported by the Union to apply for
Union training leave.
(b) The two (2) year
and one (1) year periods will be the time immediately preceding the
commencement date of the Union training leave requested.
(c) Union training
leave (including LWOP) will count as service for all purposes.
(d) The amount of
leave requested can include reasonable travelling time required during working
hours to attend the course or seminar.
36.2.5 Taking of leave
(a) Union training
leave will be granted providing that the Employer's operating requirements
permit the taking of the leave and that the absence does not require the
employment of relief employee.
(b) A statement from
the relevant Union must support an application that it has nominated the
employee concerned for the course or seminar, or supports their application to
attend the course/seminar.
36.2.6 Payment for leave
(a) Employees will
be paid for their leave at their pay point most paid during the twelve (12)
months immediately prior to taking the leave but in any case a rate no less
than the employees substantive rate at the time of taking leave. Payment will not include shift allowance,
penalty rates or overtime.
(b) Expenses
associated with attending a course or seminar will be met by the employee (e.g.
fares, accommodation, meals, etc.).
37. Emergency
Services Leave
37.1 Fire fighting
(a) An employee who
undertakes fire-fighting duties during an emergency in terms of section 44 of
the Rural Fires Act 1997 may be granted leave on full pay for the time
they are absent for work on emergency fire fighting duties.
(b) An employee who
is a unpaid volunteer member of a local Fire Brigade or Rural Fire Brigade, may
be granted leave on full pay up to a maximum of five (5) days per annum. This leave is to cover necessary absences
from duty when the employee is called upon to fight fires during their normal
working hours.
37.2 Emergency
operations
(a) An employee who
volunteers to assist the State Emergency Services, NSW Police or Rural Fire
brigades during emergency operations, is to be granted leave on full pay whilst
engaged in these activities during normal working hours.
(b) An authorised
employee must release the employee from duty for this purpose.
(c) Where an
employee remains on emergency duty for several days, and the headquarters to
which they are attached operates on a 24 hour a day basis, the employee may be
allowed reasonable time for rest in cases where physical distress was
experienced, before returning to work.
37.3 Certificates of
attendance
(a) Applications for
leave for fire fighting and emergency operations must be supported by evidence
of participation with the relevant emergency service authority. Applications for rest periods must also be
supported.
37.4 Emergency
services courses
(a) Employees
selected to attend courses, training or lectures nominated by the Director
State Emergency Services Controllers are to be granted special leave on full
pay for the time they are necessarily absent from duty.
38. Military Leave
38.1 Entitlement
(a) Employees with a
minimum of six months' continuous service who are members of the Naval,
Military or Air Force Reserves and whose military service is part-time will be
entitled to Military Leave on the following basis:
(i) In respect of
annual training where the employee is a member of the:
|
Naval Forces
|
13 Calendar days on full pay per year
|
|
|
|
|
Military Forces -
|
14 Calendar days on full pay per year
|
|
|
|
|
Air Forces
|
16 Calendar days on full pay per year
|
PLUS IF REQUIRED
(ii) In respect of
attendance at a school, class or course of instruction where the employee is a
member of the:
|
Naval Forces
|
another 13 Calendar days on full pay per year
|
|
|
|
|
Military Forces
|
another 14 Calendar days on full pay per year
|
|
|
|
|
Air Forces
|
another 16 Calendar days on full pay per year
|
PLUS
(iii) In cases where
the employee's Commanding Officer certifies in writing that it is necessary for
that employee to attend for purposes of obligatory training on days additional
to those specified in sub-clauses (i) and (ii) of this sub-clause, the employee
shall be granted a further period of Military Leave on full pay not exceeding four
calendar days in any one year.
(b) The terms
"Annual Training", "School, Class or Course of Instruction"
and "Obligatory Training" shall be regarded as synonymous for the
purpose of determining an employee's entitlement to paid leave.
38.2 Medical examinations
(a) Employees
required to attend medical examinations and tests for acceptance as part-time
members of the Defence Force Reserves during working hours, may be granted up
to one day's FACS Leave for the time necessary, subject to production of evidence.
38.3 Conditions
(a) If an employee
is required to be absent for military purposes for periods in excess of those
provided for above, the employee will need to cover the absence with another
type of leave (e.g. recreation leave or LWOP).
(b) Public Holidays
occurring during periods of Military Leave will form part of such leave and
will not extend the period of paid Military Leave.
(c) For the purpose
of this clause, the year shall be from 1 December in one year to 30 November of
the following year.
38.4 Former Armed
services personnel - War Caused Disabilities Leave
(a) Employees who
were former armed services personnel may be granted up to ten (10) days war
caused disabilities leave in a leave year to cover absences for the following
purposes:
(i) Attending a
hospital or medical officer for review;
(ii) Attending a
hospital to report for periodical examination or attention in connection with a
war caused disability;
(iii) Obtaining,
replacing or repairing an artificial limb or member, prosthesis or surgical
appliance; or
(iv) Attending the
Department of Veterans’ Affairs in connection with claims for military
pensions.
(b) If an employee
has used their maximum entitlement of war caused disabilities leave, any
further absences will be taken as sick leave.
(c) War caused
disabilities leave is not cumulative.
(d) Applications for
war caused disabilities leave must be supported by relevant documentation,
including medical certificates, Department of Veterans’ Affairs letters or
appointment confirmations.
39. Jury Service
Leave
39.1 Entitlement
(a) Employees shall
be granted leave on full pay to attend court for jury service upon notification
to an authorised employee. Full-time
employees and part-time employees will be granted leave for jury service if
they are required on a day(s) they are scheduled to work.
(b) The amount of
leave is dependent upon the length of the case.
(c) To be granted
leave on full pay, an employee must fulfil the following requirements:-
(i) The jury
service must fall at a time when the employee would otherwise be on duty;
(ii) The employee
must accept jury fees and travelling and out-of-pocket allowances for the
period of jury service leave; and
(iii) The employee
must provide a certificate from the Sheriff or Registrar of the Court
certifying the amount of jury fees the employee received.
(d) An amount
equivalent to the jury fees received by the employee will be deducted from the
employee’s pay.
(e) Leave for jury
service is not available if:
(i) The jury
service falls during a period of approved absence such as recreation leave,
long service leave, roster days, etc.; or
(ii) An application
for jury service leave is lodged without the Sheriff's or Registrar's
certificate as to payment of fees.
39.2 Payment for leave
(a) Employees will
be paid at their pay point most paid for the twelve (12) months immediately
prior to taking the leave, but in any case at a rate no less than the
employee's substantive rate at the time of taking leave.
40. Leave Without Pay
(a) The Chief
Executive may grant LWOP to an employee on application showing reasons.
(b) LWOP may be
granted on a full-time or a part-time basis.
(c) Where an
employee is granted LWOP for a period not exceeding 10 consecutive working
days, the employee shall be paid for any proclaimed public holidays falling
during such leave without pay.
(d) Where an
employee is granted LWOP, which when aggregated, does not exceed 5 working days
in a period of twelve (12) months, such leave shall count as service for
accrual of recreation leave.
(e) An employee, who
has been granted LWOP, shall not engage in private employment of any kind
during the period of LWOP, unless prior approval has been obtained from the
Chief Executive.
(f) An employee
shall not be required to exhaust accrued paid leave before proceeding on LWOP
but, if the employee elects to combine all or part of accrued paid leave with
LWOP, the paid leave shall be taken before LWOP.
(g) No paid leave
shall be granted during a period of LWOP.
PART VI - ALLOWANCES AND REIMBURSEMENTS
41. Travel Allowances
41.1 Conditions
(a) The provisions
of this clause apply to an employee who is required to sleep away from home
when travelling on work approved by the Employer.
(b) The amount
payable under this clause is calculated as follows:
(i) If travel is by
the use of private vehicle, from the time the employee leaves their home or
usual place of work, whichever is the later, to the time they return to either
their recognised home or place of work, whichever is the earlier;
(ii) If travel is
by air, on the day of departure from the time of the scheduled flight less one
hour, on the day of return the time of actual flight arrival plus one hour.
41.2 Entitlements
41.2.1 Accommodation and
meals not provided
(a) Employees
required, in the course of their duties, to depart from their homes or place of
work, and unable to return on the same day shall be paid the "reasonable
allowance amounts" for overnight travel as determined by the ATO from time
to time.
(b) This allowance
covers the cost of accommodation and relevant meals (breakfast, lunch and/or
evening meals) and incidentals for each full day the employee is away on
travel.
(c) Where the cost
of accommodation and meals unavoidably exceeds the above allowances, the
employee may seek reimbursement of the actual excess cost, but such a
reimbursement will be subject to tax at the employee’s marginal rate and the
whole amount of the allowance will be shown on the employee’s Payment Summary.
41.2.2 Accommodation and
meals provided by Employer
(a) Where the
Employer provides an employee with accommodation and meals, the allowance in
sub-clause 41.2.1 above other than incidentals shall not apply.
(b) The employee
shall be paid Incidental allowance at a rate established by the ATO from time
to time for each full day the employee is away on travel.
41.2.3 Accommodation but
no meals provided by Employer
(a) Where the
Employer provides the employee with accommodation but not meals, the employee
shall be paid the relevant reasonable amount determined by the ATO for the
relevant breakfast, lunch and/or dinner and incidentals for each full day the
employee is away on travel.
41.2.4 Transport
(a) The Employer
shall pay the cost of transport or provide transport.
(b) Mode of travel
will need to be approved in advance; transport will be paid as follows:
(i) Economy fare
air fare;
(ii) Motor vehicle
cost - mileage at ATO rates or cost of economy air fare, whichever is the
lesser; or
(iii) Reimbursement
of actual cost of public transport.
42. Overtime Meal
Allowances
(a) Subject to
sub-clause (c) below, an employee required to perform duty after and in excess
of their usual hours, shall be paid meal allowances on the following basis:
(i) Monday to
Friday
(A) If work overtime
continuing with normal work
(1) Commences before
6 am - Meal 1.
(2) Finishes after 6
pm - Meal 3.
(3) Finishes after
midnight - Meals 3 &4.
(4) Finishes after 6
am next day - Meals 3 + 4 + 1.
(B) If recalled to
work after their normal ceasing time,
(1) Upon the
completion of the first 4 hours overtime worked - Meal 3.
(2) Upon the
completion of further 4 hours overtime worked - Meal 4.
(ii) Saturday,
Sunday or Public Holiday
(A) If overtime
commences before 6 am - Meal 1.
(B) If overtime goes
beyond noon - Meal 2.
(C) If overtime goes
beyond 6 pm - Meal 3.
(D) If overtime goes
beyond midnight - Meal 4.
(E) If work overtime
finishes after 6 am next day - Meal 1.
(b) The amount of
meal allowance will be adjusted in line with adjustments made to the reasonable
amounts for the overtime meal allowance determined by the ATO from time to
time, rounded to the nearest five (5) cents. The amounts of meal allowance at
the time the Award is varied are as follows:
(i) Meal 1 -
Breakfast - $ 14.00.
(ii) Meal 2 - Lunch
- $ 18.35.
(iii) Meal 3 -
Dinner - $ 26.45.
(iv) Meal 4 - Supper
- $ 12.95.
(c) Overtime meal
allowance will not be paid where the employee is in receipt of payments under
clause 41 - Travel Allowances.
43. Fire Fighting Allowance
(a) An employee
engaged in on-ground fire fighting, including on-ground hazard reduction
burning, will be paid an allowance of $per hour as outlined in Schedule 2
Summary- Allowances for the hours they are so engaged in fighting fires.
(b) The amount of
allowance will be adjusted in accordance with general adjustments to pay under
clause 10 - Rates of Pay, rounded to the nearest five (5) cents.
44. Camping Allowance
(a) Where an
employee is required to temporarily live at or near the work site the following
shall apply:
(i) Where the
Employer provides quarters and/or established camping facilities (including
cooking and eating facilities) employees will receive:
(A) An allowance of
$35.25 for each day the employee is required to camp or live in quarters to
cover food, Incidentals and general disability
(B) An allowance of
$ 2.37each day a cook is not provided.
(b) The Employer
shall pay the cost of transport to and from the campsite, including weekend
trips home.
(c) A meal allowance
will not be paid during periods of overtime if the employee is in receipt of
camping allowance.
(d) The allowance
payable under this provision will be adjusted on 1 July in line with the CPI
Index for Sydney in the previous year, rounded to the nearest five (5) cents.
(e) The allowance
payable under this provision may be subject to tax at the employee’s marginal
rate and the whole amount of the allowance will be shown on the employee’s
Payment Summary.
45. First Aid
Allowance
(a) An employee who
possesses a current recognised first aid certificate and a continuing ability
to undertake first aid responsibilities and who has been appointed as a First
Aid Employee will be paid a flat rate allowance$ per fortnight for the duration
of the appointment as outlined in Schedule 2 Summary- Allowances.
(b) A current
recognised first aid certificate means one issued by St John Ambulance
Australia or the Australian Red Cross, or an equivalent qualification
recognised by those organisations, and which has been obtained within the
previous 3 years.
(c) The First Aid
Allowance shall not be paid during leave or any other continuous period of
leave that exceeds four weeks.
(d) When the First
Aid Employee is absent on leave for one week or more and another qualified
employee is selected to relieve in the First Aid Employee's position, such
employee shall be paid a pro rata first aid allowance for assuming the duties
of a First Aid Employee.
(e) The amount of
allowance payable under this clause is treated as salary for all purposes and
adjusted in accordance with general increases to pay, rounded to the nearest
five (5) cents.
46. Community
Language Allowance
(a) Employees who
possess a basic level of competence in a community language and who work in
locations where their community language is utilised at work to assist clients
and such employees are not:
(i) Employed as
interpreters and translators; and
(ii) Employed in
those positions where particular language skills are an integral part of
essential requirements of the position;
(iii) Shall be paid
an allowance as follows:
(A) Base Level Rate $
as outlined in Schedule 2 Summary - Allowances
(B) Higher level
rate $ as outlined in Schedule 2 Summary - Allowances
(b) Allowance is
treated as salary for all purposes and adjusted in accordance with general
increases to pay, rounded to the nearest five (5) cents.
47. Reimbursement of
Out of Pocket Expenses
(a) Where an
employee is required by the Employer to spend their own money they will be
entitled to reimbursement. The Employer must approve the expense as a necessary
work related expense.
(b) Employees will
be reimbursed where possible within 24 hours of lodgement of their claim.
(c) The
reimbursement is subject to the provision, amendments, and rulings of the
Income Tax Assessment Act.
48. Tools and
Equipment to Be Supplied By the Employer
(a) All tools and
equipment deemed necessary by the Employer will be made available to employees.
49. Protective
Clothing and Uniforms
(a) The Employer
shall continue to provide such items of protective clothing and uniforms as was
customarily provided at the time of making this Award and as agreed between the
parties.
(b) The Employer
will be responsible for the supply and replacement of protective clothing and
uniform, as agreed between the parties from time to time.
(c) Employees must
use and wear the protective clothing and/or uniforms that are issued to them by
the Employer.
(d) Where the
Employer requires an employee to wear spectacles with toughened lens, the
Employer will pay for the cost of the process.
50. Use of Private
Motor Vehicle
(a) The Employer may
authorise an employee to use a private motor vehicle for work where:
(i) Such use will
result in greater efficiency or involve the Employer in less expense than if
travel were undertaken by other means; or
(ii) Where the
employee is unable to use other means of transport due to a disability.
(b) If use of
private vehicle is approved, the appropriate rate of mileage allowance as set
by the ATO from time to time shall be paid.
(c) The employee
must have in force in respect of a motor vehicle used for work, in addition to
any policy required to be effected or maintained under the Motor Vehicles
(Third Party Insurance) Act, 1942, a comprehensive motor vehicle insurance
policy to an amount and in a form approved by the Chief Executive.
(d) Expenses such as
tolls etc. shall be refunded to an employee where the charge was incurred
during approved work related travel.
(e) Except as
otherwise specified in this award, an employee shall bear the cost of ordinary
daily travel by private motor vehicle between the employee's residence and
recognised office.
(f) Where a private
vehicle is damaged while being used for work, any normal excess insurance
charges prescribed by the insurer shall be reimbursed by the Employer,
provided:
(i) The damage is
not due to gross negligence by the employee; and
(ii) The charges
claimed by the employee are not the charges prescribed by the insurer as
punitive excess charges.
(g) Provided the
damage is not the fault of the employee, the Employer shall reimburse to a
employee the costs of repairs to a broken windscreen, if the employee can
demonstrate that:
(i) The damage was
sustained on approved work activities; and
(ii) The costs
cannot be met under the insurance policy due to excess clauses.
51. Damage to Private
Property
(a) For the purposes
of this clause, the term "personal property" means a employee's
clothes, spectacles, hearing-aid, tools of trade or similar items which are ordinarily
required for the performance of the employee’s duties.
(b) Where damage to
or loss of the employee's private property occurs in the course of employment,
a claim may be lodged under the Workplace Injury & Illness Management Act
and/or under any insurance policy of the Employer covering the damage to or
loss of the personal property of the employee.
(c) If a claim under
sub-clause (b) of this clause is rejected by the insurer, the Chief Executive
may compensate a employee for the damage to or loss of private property, if
such damage or loss:
(i) Is due to the
negligence of the Employer, another employee, or both, in the performance of
their duties; or
(ii) Is caused by a
defect in a employee's material or equipment; or
(iii) Results from a
employee’s protection of or attempt to protect SCA property from loss or
damage.
(d) Compensation in
terms of sub-clause (c) of this clause shall be limited to the amount necessary
to repair the damaged item. Where the item cannot be repaired or is lost, the Chief
Executive may pay the cost of a replacement item, provided the item is
identical to or only marginally different from the damaged or lost item and the
claim is supported by satisfactory evidence as to the price of the replacement
item.
(e) Compensation for
the damage sustained shall be made by the SCA where, in the course of work,
personal property is damaged or destroyed by natural disasters or by theft or
vandalism.
52. Renewal of
Licences
(a) The following
licences will be renewed at the Employer's expense as follows:
(i) A Drivers'
licence issued by the Roads and Traffic Authority for motor cars, motor lorries
and/or plant where their operation require the possession of such a licence,
provided that the employee’s Position Description specifies that the employee
is required by the Employer to possess such licence;
(ii) A boat licence
where operating a boat requires the possession of such a licence, provided that
the employee’s Position Description specifies that the employee is required by
the Employer to possess such licence; and
(iii) A Licence
issued by the NSW Police for the possession and use of firearms on the
Employer’s lands in accordance with the conditions attached to the possession
and the use of the firearms provided that
(A) The employee’s
Position Description specifies that the employee is required by the Employer to
possess such licence; and
(B) Notwithstanding
the requirement for the possession of the licence being in the Position
Description of an employee, the employee is specifically authorised by the
Employer to use the firearm.
53. Health and Safety
of Employees
(a) All parties to
this Award are strongly committed to ensuring safety in the workplace and that
safety systems of work are implemented and adhered to by individual employees
and contractors. We are also committed to timely and effective rehabilitation
of injured employees.
(b) Employees will
ensure to the best of their ability that workplace hazards are identified and
controlled and that safe work practices are followed by themselves and to the
best of their ability fellow workers.
(c) Employees and
their unions will support and implement all systems designed to achieve a
"no injuries" for example, signing work permits, hazard
identification, and risk assessment processes.
(d) The Employer
will
(i) Provide and
maintain an appropriate first aid kit at all places of work;
(ii) Display a
notice in every recognised office where the first aid kit is normally kept
listing the name(s) of persons qualified to provide first aid; and
(iii) Provide safety
instructions in respect of any work employees are required to perform and will
pay employees as if at work.
(e) The Employer
will comply with the Occupational Health and Safety Act 2000 and Regulations
and Employer's Standards of Practice as amended from time to time.
54. Salary Packaging
(a) Salary
packaging, together with salary sacrifice to superannuation under clause 14, is
subject to an overall limit of up to 50% of the employee’s salary.
(b) By mutual agreement
between an authorised employee and an employee, the employee may arrange the
annual Total Remuneration Package (TRP) so that it can include the following
items:
(i) Salary;
(ii) Superannuation
(subject to clause 14 -Salary Sacrifice to Superannuation);
(iii) Motor Vehicle
leased through the Employer (subject to sub-clause (e) below);
(iv) Transport (cost
of annual ticket);
(v) Aged care;
(vi) Mortgage;
(vii) Rental;
(viii) Health Fund;
(ix) Laptops,
e-organisers and briefcases; and
(x) Any other
benefits as approved by the Chief Executive from time to time.
(c) FBT payable in
respect of packaging any of the items listed at sub-clause (b) above will be
charged to the employee.
(d) The Employee may
request the Authority in writing to reconfigure the annual total remuneration
package not more than four times in any one year.
(e) Unless otherwise
approved by the Employer, salary packaging of a vehicle arrangement must be
cost neutral to the Employer. To this end, a salary package may include the
following components, each of which will be charged to the employee:
(i) Annual lease
rate;
(ii) Fleet
management fee;
(iii) Risk insurance
charge;
(iv) Comprehensive
insurance;
(v) CTP insurance;
(vi) Maintenance
costs;
(vii) Registration;
(viii) NRMA
membership;
(ix) Fuel; and
(x) FBT.
(f) The employee’s
pre-packaging salary will continue to be the basis for the following:
(i) Superannuable
salary, as advised to the employee’s Funds from time to time;
(ii) Payments of
allowances and other payments that are normally based on the employee’s gross
salary including paying out unused leave on separation from the Employer; and
(iii) The Employer’s
obligations under the Superannuation Guarantee (Administration) Act 1992.
(g) Obtaining independent
taxation and financial advice in relation to packaging arrangements is the
employee’s responsibility and is encouraged to be obtained prior to entering
into an arrangement.
55. Delegates’ Rights
(a) Employees
elected as a union delegate or employee representative will, upon provision of
written proof of the election to the Employer, be recognised as an accredited
representative of the Union or the consultative committee to which they belong
and in the defined area they are elected to represent.
(b) They will be
allowed all reasonable time during working hours to submit to the Employer
matters affecting the employees they represent. Such representations should be arranged for times that are
convenient to both parties.
(c) Before
delegates/consultative committee members move away from their immediate work
location to commence work on Union or consultative committee business, they
must first obtain the permission of their Manager.
(d) Where they wish
to meet with Employer's representatives and this will take them away from their
immediate work location they should first seek their Manager's approval before
making such an arrangement.
(e) Delegates/consultative
committee members will not enter any other work location for which they are not
elected on union or consultative committee business unless the delegate first
receives the permission of the relevant Manager for that area.
(f) Prior to
leaving the immediate work location, delegates/consultative committee members
must provide to their Manager information regarding the purpose for their
departure, the estimated time of absence and telephone contact if
practicable. Immediately upon their
return from union or consultative committee business they will inform their
Manager their time of arrival and departure from the location where they were
required.
(g) Failure of a
delegate/consultative committee member to meet the above provisions will result
in the employee concerned forfeiting the right to pay for the period of such
absence.
(h) Managers will
not unreasonably withhold permission for delegates/consultative committee
members to attend to bona fide matters or issues affecting the legitimate
industrial interests of the members they are elected to represent. In the same spirit, accredited delegates/consultative
committee members should observe the above procedures and recognise the need to
balance their absence from the job on Union business/consultative committee
business with the requirement for acceptable work performance.
(i) Subject to the
provisions of the Industrial Relations Act 1996 (NSW), the opportunity is open
for Union officials, delegates or employee representatives (in the defined area
so elected) to approach employees at work in respect to enrolment of Union
membership.
(j) For the purpose
of this clause, "delegate/consultative committee member" will not
include Committee of Management or Executive member or Regional Committee
members of the Union or Consultative Committee equivalents.
(k) Whilst it is
recognised that Committee of Management, Executive members or their
Consultative Committee member equivalents are not confined to the specific
provisions contained herein it is understood that these provisions will have
general application excluding the requirement of sub-clause (a) concerning the
area of operation.
(l) The application
of the provisions contained herein will apply to members of Regional Committees
of the union within their respective regions.
(m) In exercising
these rights delegates, Committee of Management, Executive members, Regional
Committee members of the Union and consultative committee members and their
equivalents will not harass or hinder Employer's employees or employees in the
performance of their work.
56. Employees on
Union and/Or Consultative Committee Business
(a) Any:
(i) Accredited
delegate of a Union respondent to this Award; or
(ii) Employee
representative elected to a consultative committee; or
(iii) Employee
elected to a union committee of management; or
(iv) Employee acting
in any of the above capacities
who takes LWOP to attend to business for which they
have been elected, will not lose any rights which would have otherwise accrued
under clause 27 - Recreation Leave, and clause 29 - Long Service Leave, of this
Award.
PART VII - SENIOR MANAGERS
57. Senior Managers
57.1 Application
(a) This clause
shall only apply to employees who, at the time this Award comes into force, are
designated by the Employer as Senior Managers and who have their conditions of
employment, contained within their individual contract in accordance with
sub-clause 57.2 below.
(b) This clause does
not apply to Senior Managers designated by the Employer as Executive Members
and whose remuneration is based on equivalents of SES levels applicable in the
Public Service.
57.2 Terms and
conditions
(a) The transition
arrangements provided under sub-clause 11.2 of this Award will not be taken as
an intention to change any contracts of employment in effect at the time this
Award comes into force or to renegotiate the contracts.
(b) Contracts
provide for adjustments to remuneration and the contract provision will
continue to apply for those Senior Managers who elect to remain on contract.
Adjustment in remuneration will have regard to the following:
(i) Clause 16 -
Performance Management System, will apply. The ratings for those Senior
Managers who choose to remain on contract would be taken into account when
their remuneration is reviewed as set out in their contract.
(ii) Any review and
re-evaluation of a Senior Manager’s job in accordance with sub-clause 11.2(i)
will be taken into account in accordance with the principles contained in
sub-clause 11.2(ii).
(c) Except as
provided in this clause, this Award will only apply to Senior Managers for the
following:
(i) Adoption Leave
- clause 34;
(ii) Family &
Community Service Leave - clause 32;
(iii) Health and
Safety of Employees - clause 55;
(iv) Declared
Incident Conditions - clause 25;
(v) Long Service
Leave - clause 29;
(vi) Maternity Leave
- clause 33;
(vii) Paternity Leave
- clause 35;
(viii) Payment of
Money Owing to the Employee in Case of Death - sub-clause 5.4;
(ix) Public Holidays
- clause 26;
(x) Recreation Leave
- clause 27;
(xi) Recreation
Leave Loading - clause 28;
(xii) Sick Leave -
clause 30; and
(d) The pay and
remaining conditions of employment for Senior Managers will be contained within
their individual contracts.
(e) The remuneration
package for Senior Managers shall include provisions in relation to at least
one of the following subject matters:
(i) Child care;
(ii) Mortgage;
(iii) Travel; and
(iv) Motor vehicle.
57.3 Alternate dispute
resolution
(a) In the instance
where an employee has raised a grievance with the Chief Executive and it has
not been possible to resolve the grievance, the employee or the Employer may
approach for assistance a mutually acceptable independent mediator or the
Industrial Relations Commission of NSW.
(b) The following
matters may be the subject of grievance mediation:
(i) The terms,
assessment and the results of the performance agreement referred to in their
contract of employment;
(ii) Allegations or
concerns as to compliance with the covenants given by the employee in their
contract of employment;
(iii) Matters of
dispute arising from the application of the SCA Code of Conduct;
(iv) Matters of
dispute arising from the application of the SCA discipline policy, except in so
far as it relates to the performance issues dealt with in the employee’s
contract of employment;
(v) Any allegation
or concern by the employee that he/she has been adversely treated in his/her
employment, provided that this sub-clause shall not apply in the following
circumstances:
(vi) Summary
dismissal;
(vii) The failure to
promote or the level of promotion;
(viii) Remuneration;
(ix) The non-renewal
or terms of renewal of this agreement or its successor agreement.
(c) The grievance
mediator will not possess the authority to "veto" or
"overturn" any decision of the Chief Executive.
(d) The process to
be adopted by the grievance mediator will essentially be one of conflict
resolution and mediation.
(e) The process will
not be of an adversary nature and the parties will not be entitled to legal
representation.
(f) The grievance
mediator may decline to consider a grievance or a matter.
(g) An employee may
nominate the employee’s union or other advisers and may have support persons to
assist him/her in the process, but the grievance mediator will determine who
will be present and participate in the mediation consultations.
(h) The grievance
mediator, if he/she considers it appropriate, may seek the advice and
assistance of any government department, authority, agency or person, including
legal advisers, in order to resolve the grievance.
(i) Nothing in this
clause shall prevent the union or the Employer from referring any grievance
referred to in sub-clauses (a) and (b) of this sub-clause to the Industrial
Relations Commission of New South Wales.
(j) Where the
employee has invoked sub-clause (a) of this sub-clause and referred the
grievance to the grievance mediator, the Employer will not take any action to
terminate the employee’s employment until the grievance mediator has delivered
his/her decision.
57.4 Termination
(a) Termination of
employment will not be harsh, unjust or unreasonable.
PART VIII - CONSULTATION AND DISPUTE RESOLUTION
58. Consultative
Procedures
58.1 Commitments -
Proposals for change shall be consistent with the following commitments by the
Employer:
(a) A commitment to
direct appointment
(b) A commitment to
the effective retention of skills within the SCA
(c) A commitment to
retraining in order to maximise the redeployment of displaced staff within the
business, and
(d) A commitment to
creating career development opportunities for existing and future staff.
58.2 Proposal for
change covered by this clause will include but not be limited to:
(a) Termination of
employment
(b) Changes in the
composition, operation or size of the SCA workforce
(c) Changes in the
skills required
(d) The elimination
or diminution of job opportunities, promotion opportunities or job tenure
(e) Management
initiated changes to the defined hours of work or Overtime arrangements outside
those allowed for under Clause 18 Hours of Work.
(f) The need for
retraining or transfer of employees to other work or locations
(g) The
restructuring of work areas or significant change to individual position
descriptions
(h) The introduction
of new Technology
(i) Any decision to
contract out or outsource work performed by the SCA that could result in the
loss of direct employment.
58.3 Principles
58.3.1 Consultation is
defined as a process whereby all parties to the discussion genuinely commit to
the exchange of relevant information, advice on any likely effects and
consequences and all parties take the views of each other into account.
58.3.2 At the development
stage and prior to a definite decision to introduce changes as outlined in
58.2, the SCA will advise unions in writing of proposed changes. This advice will be given at the stage in
which change is being contemplated for the purpose of consulting with the
employees and their union who may be affected by the proposed changes so that
the views of all the affected parties can be taken into account.
58.3.3 The SCA and the
unions shall take all necessary measures to minimise the adverse effects on
employees of workplace changes, in particular the displacement of employees.
58.3.4 In developing
proposals for significant change, including restructures, management will
discuss with the employees affected and their union the broad principles
involved in the proposal including, where available, efficiency gains, cost
benefit analysis, rationale for required changes, expected changes to number
and type of positions and the reasons for them.
58.3.5 In this process
there will be full disclosure of supporting material including participation in
the evaluation of positions within the restructure; how the restructure will
contribute to the career opportunities for existing staff and proposed implementation
schedule.
58.3.6 In developing
proposals for significant change, SCA will consult with affected employees and
their union(s) regarding staff placement policies (including direct
appointment, priority assessment, merit selection, etc) and redeployment
systems and opportunities.
58.4 Process
58.4.1 SCA will genuinely
attempt to avoid the displacement of employees by ensuring a proper process of
evaluation for each position.
58.4.2 Once a definite
proposal is submitted to effected employees and their union(s), up to four
weeks will be allowed for consultation between the SCA and the Unions. Once SCA makes a decision to structure and/
or make significant changes, they will enter into consultation with affected
employees and their union(s). Consultation will continue throughout the
process.
58.4.3 During a period of
up to four (4) weeks from a Union receiving the employer’s proposals, the
employer will not implement the proposed changes unless otherwise agreed with
the Unions(s).
58.4.4 When the proposed
changes are not agreed, either party may enact the dispute resolution clause.
58.4.5 Where the proposed
changes have been agreed, or the SCA has decided to proceed to implement them
and the parties have been through the dispute resolution clause, regular
communication and consultation with affected staff and their union(s) will
continue to review and monitor the change with a view to providing a forum for
continued discussion around unforeseen repercussions.
58.4.6 The SCA will allow
sufficient paid time meetings for the unions to consult with affected
employees.
59. Dispute
Resolution Procedures
59.1 Objectives
(a) The objective of
these procedures is the avoidance and resolution of any disputes over matters
covered by this Award by measures based on the provision of information and
explanation, consultation and cooperation and negotiation.
(b) Accordingly,
(i) The SCA
undertakes to provide relevant information and explanation and to consult with
employees and employee representatives on matters covered by this Award; and
(ii) Employees and
their unions undertake to raise their concerns at an early stage and for
providing as much information as possible to assist in an effective resolution.
59.2 Processes
(a) All attempts
should be made to prevent or settle matters at the level at which they are
raised, wherever possible.
(b) It is the
responsibility of the parties to this Award to take reasonable and genuine
internal steps to prevent or settle disputes by early and timely consultation
and discussion. Where a matter covered by this Award arises, which is of
concern to an employee the following procedure will apply. In each instance the steps taken will be
aimed at achieving the early settlement of the particular matter in dispute:
Step 1 In the
first instance the employee(s) and/or their union representative and their
immediate supervisor are to discuss the matter at the workplace level by no
longer than five (5) working days;
Step 2 If the
matter is not resolved at the workplace level, further discussions involving
the employee(s) and/or their union representative and the relevant General
Manager are to be arranged within five (5) working days;
Step 3 If the
matter is not resolved at Step 2, further discussions involving the union and a
nominated representative of the Employer are to be arranged within five (5)
working days;
Step 4 If a matter
has not been resolved through these procedures, the matter may be notified to
the Industrial Relations Commission of NSW by either party to the dispute.
Matters may only be referred to the Industrial Relations Commission of NSW when
all steps in these procedures have been exhausted.
(c) Nothing in
sub-clause (b) above precludes
(i) The Union(s)
and the Employer entering into direct negotiations on any matter, or
(ii) To seek the
early involvement of human resources specialists from the Human Resources
Section, or
(iii) Referring the
matter to a mutually agreed third party for mediation at any stage, or
(iv) The matter
being immediately handled under Step 3 if that will resolve the matter.
(d) Without
prejudice to either the Employer or the employees, the parties to this Award
must ensure that work continues in accordance with existing custom and practice
in the workplace while the procedures in sub-clause 59.2 are followed. Exceptions to this is where a bona fide
occupational health and safety issue is involved employees will not be expected
to work in an unsafe environment, but will undertake suitable alternative work
until the issue is resolved. An
employee must not unreasonably fail to comply with a direction by the Employer
to perform other available work, whether at the same workplace or another
workplace that is safe and appropriate for the employee to perform.
(e) The above provisions
will not apply in the case of a stop-work meeting called for purposes of
report-back to a mass meeting of members to consider matters of a general
nature, provided that the Union gives the Employer 72 hours notice (not
including week ends and public holidays) of the meeting being called and
provides a contact person to consider matters of life and limb.
(f) Where a dispute
is referred to the Industrial Relations Commission of NSW and the dispute would
be assisted by the presence of a union representative(s), a union
representative may be granted leave of absence with pay of up to twelve days in
a two year period for attending proceedings in the IRC and reasonable time for
preparation, provided that
(i) The Union
request the person(s) attendance in writing,
(ii) SCA operating
requirements permit the grant of leave; and
(iii) Payment for
the leave shall not include penalty payments or overtime.
(g) Any leave
approved under this provision shall count as service for all purposes.
SCHEDULE 1 - RATES OF PAY
Award subclause 10(a)
|
Column 1
|
Column 2
|
Column 3
|
|
Grade
|
Pay Point
|
2.5% First pay on
or after
|
|
|
|
1 July 2011
|
|
Grade 19
|
19.4
|
$187,157
|
|
|
19.3
|
$183,485
|
|
|
19.2
|
$179,888
|
|
|
19.1
|
$176,360
|
|
Grade 18
|
18.4
|
$172,902
|
|
|
18.3
|
$169,513
|
|
|
18.2
|
$166,189
|
|
|
18.1
|
$162,931
|
|
Grade 17
|
17.4
|
$159,735
|
|
|
17.3
|
$156,603
|
|
|
17.2
|
$153,532
|
|
|
17.1
|
$150,522
|
|
Grade 16
|
16.4
|
$147,571
|
|
|
16.3
|
$144,677
|
|
|
16.2
|
$141,841
|
|
|
16.1
|
$139,059
|
|
Grade 15
|
15.4
|
$136,333
|
|
|
15.3
|
$133,659
|
|
|
15.2
|
$131,039
|
|
|
15.1
|
$128,469
|
|
Grade 14
|
14.4
|
$125,950
|
|
|
14.3
|
$123,480
|
|
|
14.2
|
$121,060
|
|
|
14.1
|
$118,684
|
|
Grade 13
|
13.4
|
$116,358
|
|
|
13.3
|
$114,077
|
|
|
13.2
|
$111,840
|
|
|
13.1
|
$109,646
|
|
Grade 12
|
12.4
|
$107,496
|
|
|
12.3
|
$105,389
|
|
|
12.2
|
$103,324
|
|
|
12.1
|
$101,297
|
|
Grade 11
|
11.4
|
$99,309
|
|
|
11.3
|
$97,363
|
|
|
11.2
|
$95,455
|
|
|
11.1
|
$93,583
|
|
Grade 10
|
10.4
|
$91,748
|
|
|
10.3
|
$89,948
|
|
|
10.2
|
$88,185
|
|
|
10.1
|
$86,455
|
|
Grade 9
|
9.4
|
$84,761
|
|
|
9.3
|
$83,099
|
|
|
9.2
|
$81,468
|
|
|
9.1
|
$79,871
|
|
Grade 8
|
8.4
|
$78,305
|
|
|
8.3
|
$76,770
|
|
|
8.2
|
$75,265
|
|
|
8.1
|
$73,789
|
|
Grade 7
|
7.4
|
$72,342
|
|
|
7.3
|
$70,925
|
|
|
7.2
|
$69,533
|
|
|
7.1
|
$68,171
|
|
Grade 6
|
6.4
|
$66,833
|
|
|
6.3
|
$65,522
|
|
|
6.2
|
$64,239
|
|
|
6.1
|
$62,978
|
|
Grade 5
|
5.4
|
$61,744
|
|
|
5.3
|
$60,532
|
|
|
5.2
|
$59,345
|
|
|
5.1
|
$58,183
|
|
Grade 4
|
4.4
|
$57,041
|
|
|
4.3
|
$55,924
|
|
|
4.2
|
$54,826
|
|
|
4.1
|
$53,752
|
|
Grade 3
|
3.4
|
$52,696
|
|
|
3.3
|
$51,664
|
|
|
3.2
|
$50,652
|
|
|
3.1
|
$49,659
|
|
Grade 2
|
2.4
|
$48,685
|
|
|
2.3
|
|
|
|
2.2
|
$47,730
|
|
|
2.1
|
$46,793
|
|
Grade 1
|
1.10
|
$45,876
|
|
|
1.9
|
$44,096
|
|
|
1.8
|
$43,230
|
|
|
1.7
|
$42,382
|
|
|
1.6
|
$41,552
|
|
|
1.5
|
$40,738
|
|
|
1.4
|
$39,940
|
|
|
1.3
|
$39,155
|
|
|
1.2
|
$38,387
|
|
|
1.1
|
$37,635
|
SCHEDULE 2 - SUMMARY - ALLOWANCES
The amount of the following allowances will be adjusted
in accordance with general adjustments to pay under sub-clause 10(a) - Rates of Pay:
The allowance rates shown apply from the first pay
period on or after the dates detailed below:
|
Clause
|
Allowance
|
2.5% First pay on or after 1 July 2011
|
|
Cl.43
|
Fire Fighting
|
$1.72 per hour
|
|
Cl. 45(a)
|
First Aid
|
$26.92 per fortnight
|
|
Cl. 46
|
Community Language (A) Base Level
|
$1,095.28 pa
|
|
Cl. 46
|
Community Language (B) High Level
|
$1,642.82 pa
|
The following allowances will be adjusted in accordance
with the mechanism specified:
|
Clause No.
|
Allowance
|
Variation date
|
Variation
methodology
|
|
41.
|
Travel Allowances
|
1 July each year
|
Varied in line with annual ATO ruling
|
|
|
|
|
for reasonable allowance amounts.
|
|
42.
|
Overtime Meal Allowances
|
1 July each year
|
Varied in line with annual ATO ruling
|
|
|
|
|
for reasonable allowance amount for
|
|
|
|
|
Meal 3.
|
|
44.
|
Camping Allowance
|
1 July each year
|
Varied in line with CPI adjustments
|
|
|
|
|
for Sydney.
|
|
50.
|
Use of Private Motor Vehicle
|
1 July each year
|
Varied in line with annual ATO ruling
|
|
|
|
|
for reasonable allowance.
|
Schedule 3 - Secure Employment
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time or part-time
employment if the employment is to continue beyond the conversion process
prescribed by this subclause.
(ii) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving such
notice under paragraph (b)(ii) or after expiry of the time for giving such
notice, may give four weeks’ notice in writing to the employer that he or she
seeks to elect to convert his or her ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the employer shall consent to or refuse the election,
but shall not unreasonably so refuse. Where an employer refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
employee concerned, and a genuine attempt shall be made to reach
agreement. Any dispute about a refusal
of an election to convert an ongoing contract of employment shall be dealt with
as far as practicable and with expedition through the disputes settlement
procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time or part-time employment will be deemed to have elected against any
such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either 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);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her 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 between the
employer and employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" 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.
(2) 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.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) 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
(4) 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.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) 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
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.